Over the last 35 years of dealing with the ILWU, I have seen a lot of fucked up people do a lot of shitty things to their so called Union Brothers, but what Bobby O Jr., John Seixus, Larry Toledo, and Robert Trimmer, are doing to Eric takes the cake.
This story starts with the PMA-all-in-offer-press-release-2.4.15.
In response to the PMA press release, Eric put out his Caucus Delegate Flier 2_17_15.
Why is it that PMA is willing to forgive the Union for what they, or their members did, during negotiations, and the Union is willing to forgive the PMA for what they did during negotiations, but Local 13 NOT is willing to forgive Eric for what he did during the negotiations?
On March 30, 2015, Eric’s flier is addressed at the Contract Caucus in San Francisco and Eric got ripped by the Caucus for 3 hours, of the morning session. (part of the transcript is attached to Larry’s Complaint)
At lunch the Local 13 Delegates met and JoJo informed the group that if Eric was agreeable to a censure, the matter would be put to rest, and that’s exactly what happened.
After lunch, Bobby informed the Caucus that Eric had agreed to censure and the matter was closed, then Eric addressed the Caucus, apologized, and accepted censure, after which he received a standing ovation and a handshake from Big Bob and the rest of the International Officers. (this part of the transcript was NOT attached to Larry’s Complaint)
The matter was resolved, or so Eric thought.
On April 21, 2015, at the Stubhub ratification meeting, after 25 minutes of listening to Local 13 members rip him for his flier Eric took the microphone and was in the processing of addressing the subject of his flier, when Cubby punched him in the mouth and prevented him from finishing what he had to say. Bobby, who was chairing the meeting did nothing, he just went on like nothing happened. Check out the video. Stubhub video 4-21-15 (remember this when you see how Larry uses it)
June 1, 2015, Larry Toledo files a Trial Committee Complaint against Eric claiming the flier he put out in February was used against the Union during negotiations, in fact he claims the flier cost the Union 50 cents per hour. Larry Toledo’s Trial Committee Complaint 6-1-15
How is it that Larry’s Complaint deals with something he claims is directly related to negotiations, but NOT covered by the amnesty letter?
Larry’s Complaint might seem a bit too well crafted until you understand that Larry is one of a handful of Elected Officials who have been taking turns being the Chair, the Recording Secretary, and the Attorney of Facts, on all of the Trial Committees for the last 2 years.
John Seixus, Larry Toledo, Steve Cannone, Jonathan Lamborn, Mike Dimon, Robert Trimmer and librarian Donovan Russel have been playing musical chairs with all the Trial Committee positions for the last 2 years, and controlling every aspect of the process including writing the minutes so as to leave out names like Bobby Olvera Jr’s, and changing the Trial Committee rules whenever they feel like it. (check out the Local 13 Trial Committee minutes 5-20-15, a complaint against Bobby)
For starters, Larry’s Complaint is untimely, and specifically prohibited according to the Local 13 Constitution:
“Except where otherwise provided to the contrary in the applicable Agreement, no grievance complaint (hereinafter ‘Complaint’) shall be processed unless the Complaint is lodged with one of the Officers or Committees named in Sub-Paragraph (e) hereof within a reasonable time and in no event more than forty-five (45) days after the discovery by the Complainant of the alleged violation or more than ninety (90) days after the alleged violation (whichever period is shorter) except when the Accused at the time of the alleged violation is an Officer of the Union or a member of the Grievance Committee, in which case no such Complaint shall be processed unless lodged within one (1) year after the expiration of his term of office.”
Larry filed his Complaint 103 days after Eric put out his flier, which is the subject of the Complaint, and Eric was and still is an Officer of the Union. Eric was a Caucus Delegate when he wrote his flier, and he is a member of the Grievance Committee and a member of the Executive Board at the present time.
Larry’s Complaint is all about Eric’s flier and the website longshore-labor-relations.com, which he claims is run by Eric.
Everyone at Local 13, and PMA, knows that the website is run by me, Jim Tessier, x-PMA Assistant Area Manager, not my best friend forever Eric.
We are not sure how Larry got a hold of the Caucus transcripts that he submitted. The transcript validates what Eric says happened at the Caucus, but only tells half the story by design. In fact, some of the Trial Committee members did not find out that Eric was censured after lunch, until the day of the Trial Committee hearing.
None of this mattered to Secretary/Treasurer, Mark Williams, or President and self described “Senior” Caucus Delegate, Bobby Olvera Jr., who decided to process the Complaint at the June 4th Union meeting.
June 4, 2015, at the Local 13 Union meeting with Bobby O presiding, Secretary/Treasurer Mark Williams announced a Trial Committee against Eric Aldape. Mark did not read the charge as required by the Constitution, and he and Bobby did not elect the Trial Committee at the meeting as required by the Constitution.
According to the Constitution; the Secretary/Treasurer shall read the charge at the next regular meeting and there a Trail Committee will be elected.
Mark did not read the Complaint, he announced there was a Complaint against Eric, and only 8 members signed up for the Trial Committee. The Trial Committee was not elected as required, Bobby and Mark just held it over for the next Union meeting.
According to the Local 13 Trial Committee Procedure, the Trial Committee requires 12 members and 3 alternates, and the specific procedures for nomination and election of the Trial Committee, at the Union meeting where the charge is read.
It should have been over right after they failed to follow the Constitutional procedures at the Union meeting. At this point refiling is time barred, so the matter should have been dismissed.
July 9, 2015, there was no quorum at the Union meeting so no business was conducted, including no sign-ups for Eric’s Trial Committee, but that did not stop President Bobby from bad mouthing Eric, telling those present that Eric “is going after the Child of Deceased procedures and he was going to fuck it up.”
Eric is trying to help Rapid Fires daughter correct the error that was made in processing her request to be registered as the Child of Deceased. Why would Bobby lie to the membership? Because he lies about everything?
August 6, 2015, there was a quorum at the Union meeting and the Trial Committee was announced again, this time 10 to 15 members signed up, but once again the Trial Committee was NOT elected at the Union meeting as required by the Constitution.
August 31, 2015, Larry filed Union Complaint 19-2015 against Eric, again accusing him of conduct unbecoming, for trying to help Steven Black with a chiseling complaint filed against him, and because of information posted on my website. Larry even names me in the Complaint.
October 8, 2015, the Trial Committee sent Eric a letter scheduling a hearing and providing him the Trial Committee Guidelines and Trial Committee procedures. Trial Committee letter 10-8-15 scheduling hearing
October 15, 2015, Eric faxed a letter to Bobby and requested a ruling regarding Grievance Committee motions to remove him from the Grievance Committee, based on a motion that he is “biased.” Eric – Bobby request re GC Motions Bobby did not respond.
October 16, 2015, the Grievance Committee mailed Eric a Notice to Appear before the Committee he is an elected member of.
October 26, 2015, Eric faxed a 2nd letter to Bobby and requested a ruling regarding a Complaint against a Grievance Committee member and Grievance Committee motions to remove a member from the Grievance Committee. Eric – Bobby request re GC Motions-2
November 3, 2016, the Grievance Committee heard GC #19-15 against Eric. Larry dropped his Complaint, without explanation.
December 1, 2015, Steve Lewis, Trial Committee Chair, sent Eric a Trial Committee letter rescheduling hearing.
December 29, 2015, Eric responded to Steve’s letter, with a few questions and a couple of demands.
Steve did not respond to Eric’s 1st letter so he faxed a 2nd letter on January 14, 2016.
January 13, 2016, is the date on the letter Steve mailed to Eric, wherein he denies Eric’s request for documents but he does agree to Eric’s request for a Court Reporter to transcribe the January 19, 2016, Trail Committee hearing, for the first time in the history of the ILWU.
January 19, 2016, the Trial Committee went on with their dog and pony show, with President Bobby O Jr. presiding, and a court reporter transcribing everything.
The Trial Committee tried to run their usual inquisition where they ask the defendant a bunch of questions, then use the answers to their self-serving questions to beat the person down then.
Eric does not play that game, and he refused to answer any of their questions. They finally got so frustrated they asked Eric if he was going to answer any of their questions, he told them no this is your show; get on with it.
The Trial Committee Chair and the Attorney of Facts did not know what to do when Eric did not play the way they wanted him to. They tried to put on their case, but because they were going to rely on using Eric to make their case it did not go too well.
When the Attorney of Facts was done flailing, Eric read his Eric – Trial Committee statement 1-19-16 into the record, then proceeded to discuss his issues related to double jeopardy, the number of members on the Committee, the procedures the Committee followed, and he challenged members he feels are biased.
Eric challenged the Attorney of Facts, John Seixus, as being biased because he was Bobby’s witness in a Grievance Bobby filed against Eric, which he lost. The Complaint was dismissed because John Seixus was caught in a lie. Eric also challenged Robert Trimmer who is on the Executive Board, because elected officers are not supposed to be on Trial Committees.
Trial Committees are supposed to be made up of regular members, and not union officers, to keep the process free from political influences like Bobby and his lackeys are imposing on this Committee.
The Trial Committee Chair, Steve Lewis, told Eric they were denying his claims of bias, and Robert Trimmer said there is nothing in the rules that say elected officers are not allowed to be on Trial Committees.
Eric raised the question of double jeopardy as defined in the Constitution, and asked for an interpretation by the President.
Bobby’s interpretation was there is no double jeopardy because the double jeopardy language only applies to Grievance Committee Complaints, because the language is in the Grievance Committee Section of the Constitution and, Larry Toledo added his opinion that the Caucus has their procedures and Local 13 has their procedures, and they are separate.
Eric was also informed “the lawyers were ok with it,” and President Bobby O Jr. sat there and said nothing.
The Committee’s response to Eric’s questions related to the requirement that the Complaint be read at the membership meeting, the requirement that the Trial Committee be elected at the same meeting, and the requirement that the Trial Committee be comprised of 12 people with 3 alternates; was to tell him the requirements are just guidelines and at the 1st meeting of the Committee they agreed to reduce the required number to a minimum of 6.
Interesting that the changes were made before the October 8, 2015, letter that Trial Committee Chair, Steve Lewis, sent to Eric which included a copy of the “Trial Committee Guidelines and Trial Procedure (adopted 1965),” and the Trail Committee neglected to inform Eric of the changes they made until the date of the hearing, January 19, 2016. Changes they made without Executive Board approval, or membership approval.
Eric’s 3rd request, a request for clarification related to his demand for a copy of the transcript from the afternoon session of the March 30, 2015, which he made in his letters dated December 29, 2015, and January 14, 2016, was discussed and a motion was made, seconded and carried, to give Eric a copy of the transcript.
After the Motion passed, Bobby jumped in and said, “Careful on the way you are going on the transcripts, I do not have the transcripts and this could turn into a filibuster.” Eric asked the Chair, Steve Lewis, if he was going to get the transcripts before continuing his case. Steve Lewis told Eric he would get the transcript, but the hearing was going on, and Eric could include the transcript with his appeal.
Eric’s final request, a request for clarification on whether of not the Trial Committee was going to wait for a copy of the transcript from the January 19, 2016, hearing before making their decision.
The Chair, Steve Lewis, said he didn’t know and they were going into Executive session.
The Trial Committee went into Executive Session and Eric left, as the hearing was over.
The Trial Committee has not contacted Eric to tell him of their decision, but he has heard from numerous members who are telling him he was found guilty, and the Committee voted 6 to 2 to “read him out of the Union.”
Eric went to Local 13 on January 25, 2016, to request documents for his appeal and to get a written copy of the decision and penalty, but he was told that it is not finished yet.
At the conclusion of a Grievance Committee case the charged party is given a copy of the decision, right then and there, and informed of their appeal rights.
At the conclusion of a Trial Committee case, they do whatever they feel like, or whatever Bobby and his new girlfriend, honorary member and Local 13 lawyer, Gillian, feel like.
Stay tuned for Part 3 – The Decision.
Chug, chug, chug……
ps In case you think the Union beat Eric down, they did not. This is all about freedom of speech and protected concerted activity and Eric will not quit and will not be bullied into giving up. Not going to happen.
If you are interested in seeing for yourself, Eric will be addressing the JPLRC tomorrow morning at 9:30 at Local 13, regarding his Section 13.3 Complaints involving 22 shift equalization for all steady categories, and the $55 bonus pay and the 130 million dollar benefit plan fraud caused by no assessments being paid.
Hear me now, and believe me later; It’s on!