I think Mulcahy is wrong when he draws his conclusion that McWilliams gave away our lifetime benefits. The ILWU should have demanded funding for those benefits in the 60’s and 70’s. That’s when Bridges was president. But It’s easier to blame Brian McWilliams than Harry Bridges.
That’s a McWilliams trademark comment Heyman, for as much investigation as I have done on the subject of the benefits he is the only other individual, besides you, to blame Harry Bridges for the LifeTime benefits problem. I Hope your proud of yourself Heyman, Comming from Local #10 one would think you might be able to distinguish the difference between A real Rank ’n’ File Labor Leader, And an EMPLOYER DISGUISED AS A UNION OFFICIAL.
Heyman writes:
The International Executive Board is on record stating that the lifetime language in the Summary Plan Description was removed before McWilliams became president. During Dave Arian’s adminstration. But that doesn’t make Arian the culprit either. The employers did it unilaterally, without the Union’s knowledge
Make up your mind Heyman, first you point the finger at Harry Bridges, now you throw Arian into the mix. . How can you claim the Employers did it unilaterally When McWilliams signed the agreement with Miniace AFTER it was discovered the language was missing. Then he has ’alleged’ Union attorney Zuckerman write a legal opinion three days AFTER- he secretly signs, - to match his agreement with Miniace. Chances are no one would have realized how bad the McWilliams/Miniace agreement and subsequent Zuckerman legal opinion were had it not been for John Bukowski. He was the ILWU Alaska director that provided the other SPD Legal opinion. The one from Union attorney Carder, the one prior to Zuckermans, the one that STRESSED THE IMPORTANCE OF THE SPD LIFETIME LANGUAGE, and most importantly IT WAS SENT TO McWILLIAMS, yet he ignored it. And if that isn’t convincing enough for you, then why did McWilliams have all references of Pensioner’s LifeTime Benefits removed from, Not One, but Two places in the Unions official history book THE ILWU STORY when it was reprinted in 1997. (under the pension, and modernization and mechanization sections. ) All coincidental, right Heyman, and speaking of coincidence the LifeTime language was COINCIDENTLY REMOVED FROM official plan forms and correspondences from the plans office, BOTH SPD’S (pension and welfare) the PMA’S ANNUAL REPORT’S and as I previously mentioned the ILWU STORY. Wake up, that is not an accident, it was from devious planning, As to your reference of The International Executive Board going on record, that is the case for a variety of issues, here are a few you have conveniently neglected to mention the ones that were directly related to McWilliams negative impact on the ILWU.
1. ) The SPD LifeTime benefits issue is sensitive from a legal standpoint, obviously it is not in our best interest to go around publicly stating we don’t have lifetime benefits. However that has not stopped your savior McWilliams, even AFTER the IEB mandated to McWilliams specifically to make no more negative comments or press releases on the LifeTime benefits subject he continued to do so in the Dispatcher.
2. ) The IEB severely reprimanded McWilliams for his unilateral unauthorized letters sent to the governors of Alaska and Hawaii during the 1996 Coast Negotiations, these stated their would be no interruption of cargo in a strike situation. McWilliams never even bothered to get the approval of the negotiating committee, let alone the rank’n’file. Whatever was done in past strikes, constitutional and democratic rights were followed, McWilliams however believed he alone knew what was best for our ( not his) Union.
3. ) In 1998 when a large portion of our Alaska longshore brothers and sisters lost their health care benefits the IEB went on record “ to pledge 100% support to the, ALASKA Longshore brothers and sisters and instructing the International Officers to support and assist ILWU Local 200 and the Longshore Division in getting their health care benefits back ” This Policy was unanimously approved at the International Executive Board on August 21,1998.
Because of the Severe hardships put on the Alaskans by the employers, In which at least one person died because of the health benefits beef. A series of Pickets were done at various locals up and down the coast. And What did Brian McWilliams do?? He responded by attacking the Alaskans Publicly in a letter, And making the following public statement in a local news cast. “Picketing at various terminals along the West Coast has been a reckless and irresponsible” The IEB had to force McWilliams, to write an apology letter. And you Heyman, Want this man for your International President
Heyman writes:
Yes it was foolish for McWilliams to co-sign the letter with Miniace stating removal of the LifeTime language wouldn’t affect benefits. But that letter wouldn’t make or break our case, nor did it lose us any benefits.
Well I’ll start with the obvious first, who’s more foolish? McWilliams for unilaterally signing a document with Miniace under the heading of “ WELFARE TRUSTEES” when in fact they are only PENSION TRUSTEES. Or you Heyman, for voting for him. Now for the rest your comment. YOU STILL JUST DO NOT GET IT. There is no question of the documented evidence in all the different publications establishing a PROMISE of LifeTime health benefits by the Employers. The SPD’S are a legally binding enforceable document. They are considered as a part of the plan. It was the ONLY official PLAN document that provided pensioners some security. And the guy you want people to vote for, McWilliams Signed Off the Language with the PMA boss. FOR NOTHING( that we know of, YET!) And you call yourself a lefty???maybe you meant you play 1st base.
Heyman writes:
Mulcahy’s strategy for recovering our welfare funding appears to lie solely with the lawyers and courts, not with rank and file action.
I suppose that your boy McWilliams is going to lead the charge, The guy that illegally signed the language away with the PMA boss. The guy that refused to wright a retraction letter until the Caucus Forced him to. The guy that ordered Ramisky as an Alaskan trustee to cast his vote AGAINST the Alaskan brothers and sisters in a trustee meeting. And finally the Guy during the Alaskan benefits beef in which at least one death can be attributed, attacked them publicly and said that their picketing was irresponsible and reckless. Yeah! Lot of chance for rank and file action
Heyman writes:
In Brother Mulcahy’s June 21 posting he mentions irreparable damage that McWilliams has done and mentions his all time top three sellouts.1) The 26th amendment to the pension plan – I didn’t like the way in which it was done either, i. e. without informing all of the incumbent Union Trustees and the newly-elected but not yet sworn in trustees.
Well I’m glad to here that you didn’t like the president of our Union making secret deals with the PMA boss that alters our pension plan. However im sorry to hear that it is ok with you to sweep it under the rug, forgive and forget, and like a good little sheep vote for him to do it to you again. Im also sorry that you neglected to tell the good readers some of the more interesting facts surrounding the 26th amendment to our Pension Plan. Keeping in mind the only way that it was discovered a change to our Pension Plan was being requested to the Pension Benefits Guarantee Corporation (PBGC) was that an alert member of the ILWU found a suspicious employer benefits memo carelessly lying on an employers desk. It was immediately sent to the Coast Committee with only 10 days left before the request for objections to the PBGC expired. The Unions new trustees Spinner, Big Bob, and Ortiz then did the following.
1. ) Called McWilliams for a copy of the letter of understanding with Miniace (this one on pensions not to be confused with the secret spd benefits letter). McWilliams told them they would have to go to the PMA’S office and get it themselves.
2. ) Went to the Benefits Plan Office for a copy of the Miniace/ McWilliams letter of understanding, only to find no record of it’s existence.
3. ) Went to the Executive Director of the ILWU / PMA benefit plan, who had no knowledge of it.
4. ) Went to the Unions actuarial firm the Segal Company, they had no knowledge of it.
5. ) Went to the Unions Legal council, None of our ILWU attorney’s had any input, or review of any documents.
It was later determined that McWilliams / Miniace had used an actuarial firm from New Jersey, one that Miniace had previously used, to conduct the waterfront statistical analysis necessary for PBGC approval of pension amendments. It was also discovered that the analysis was misleading regarding employer contribution equality, (current date contribution arrangements compared to twenty years ago). Olsen was a trustee at the time and was excluded. That is a violation of fiduciary law. The PMA at a trustee meeting threatened Spinner, Bob, and Ray with a lawsuit if they did not pull the objection they had sent to the PBGC over the McWilliams / Miniace understanding. This also is illegal. Delegates at the Caucus will remember in 1998 when this issue was on deck, bringing up the RELIENCES that were a part of the trade-offs for the 26th amendment. (Office workers under our plan, Tacoma lawsuit etc. ) This also is against the law. And finally this plan change, saved the employers several hundred million dollars and eliminated or greatly reduced the employer’s withdrawl liability to the plan.
Heyman I’m only responding to the first page of your dribble as I am getting bored, so I will give you one more for the road. This one in your own back yard. Remember when the Local #1 sugar workers were on strike at the Crockett Refinery. McWilliams sent a letter, without Local #10’s consent, to the Local #1 Business Agent suggesting that YOUR LOCAL would go behind the Picket Line and unload the vessel. His weak reasoning was that he was afraid the ship would be diverted to the East Coast and you guys would lose work. If you want a copy of it let me know. I also have copies of then President Larry Wing’s responses, which were outstanding. And you, always preaching rank and file action, the power of the Strike, the power of the Picket Line, are blindly following this Miniace Waterboy to our destruction, Or are you?? Politics Make Strange Bedfellows, right Heyman.
Jack Mulcahy
Local #8 Portland
