After reading the arguments made by President Brian McWilliams and former Coast Committeeman Richard Austin as to why they think we never had Lifetime Benefits and by Rank and File Committee member Jack Mulcahy as to why he thinks we did have Life Time Benefits before the language was changed in the SPD, so far Brother Mulcahy is the only person to back up what he says with facts and not just opinions.
He cites legal precedents, appellant court decisions that are expressly on union pension issues, official union publications and the SPD language itself. While on the other hand Brian McWilliams and Richard Austin seem to rely on their own opinions and memories, ambiguous words about eligibility and surmising what other people were thinking during some of these negotiations, (“The old-timers at the 71 ’-72 Caucus’ knew the ropes, as did Harry Bridges and the Coast Committee”). They then pass these off as truths.
McWilliams and Austin have the opinion of Zuckerman on their side but the Rank and File Committee has William Carder a lawyer from the same Firm disagreeing with Zuckerman. The fact that the 5th Circuit Court of Appeals decided the Summary plan description overrides the plan document itself tells me there is cause for alarm! I agree with the Court that it wouldn’t make sense to create a document so people could understand it and then have it be incorrect and non binding. Somethings smells fishy!
Pat Mullen 81745, Local #8
