Brothers and Sisters,
The trials of Fred Pecker and Jill Duke continue. They are now in their third week. The first of three charges against Brother Pecker is still not finished. Mid-case the charge against Sister Duke is being started.
The cost to the members of the ILWU is high.
First it is expensive. The cost of the IEB Committee,2 “bailiffs” from ILWU #75 ($19/hour), a court reporter (foughly $17/page of transcript) is being paid daily by the per capita paid to the International. [ Local 6 owes eleven (11) months of per capita to the International. Over $300,000 would be a fair estimate - but Call President Spinosa -1-415-775-0533 - and ask for the exact amount. ]
Next, The 3 scab BA’s (Pamiroyan, Perez, & Siorda), “Organizer” Alfredo Flotte, Ornelas, Lopes have been at the trial most days. Who on the payroll is taking care of the membership of Local 6? Curiously, Valdivia, who issued the charges has not been present. Maybe after the way he stuck his foot in his (their) mouth in Crockett on January 2nd, they are afraid of what he might say.
Next these proceedings have stripped the autonomy of Local 6. Since Local 6 has not been placed in receivership there is no Constitutional basis for these cases - which the IEB Trial Committee has admitted to be an exact repitition of the charges issued in Local 6 months ago. (Issued with no investigation as to the charges validity. )
Keep in mind the charges against Sister Duke and Brother Pecker have been voided long ago due to the passing of Local 6’s Constitutional time limits for trying members. (They have been out of office - 6 months and 7 months respectively. )
Are the Locals of the ILWU autonomous and allowed to govern themselves, is our great, democratic, rank and file union moved dangerously in the direction of the top down models that abound throughout the labor movement. Is the membership to be represented by their elected officers or political appointees?
As we approach the 100th Birthday of Harry Bridges we should ask ourselves,“Would Brother Bridges approve?”
YOUR DUES AT WORK
Valdivia has issued an audit for two years - 1999 and 2000. An accountant put the audit together but on first reading, there is at least one false expense listed.
But the bottom line is that at the beginning of 1999 Local 6’s net assests were $394,177.54. at the end of year Local 6’s net assets dropped to $295,586.23; a change / loss of -$98,591.31
beginning of 2000 Local 6’s net assets were $295,586.23 at the end of year Local 6’s net assets were $160,479.89 a change / loss of -$135,106.34.
In two years in office (’99 & ’00) Flotdivia have presided over a $233,697.65 (59%) decrease in the net assets of Local 6.
The membership of Local 6 has taken action to stop the red ink. Those actions have been ignored by the recalled officers (Flotte and Valdivia) and the International continues to support the recalled officers and their failed policies.
President Spinosa, Vice-President McElrath, and Secretary-Treasurer Ibarra can be reached at 415-775-0533.
KEEP THE FAITH
STAND UP FOR YOUR RIGHTS
the Committee to Defend the Rank & File - #6
po box 156441
SF, CA 94115
Wednesday May 2nd 2001 7:00 pm
Trials were reconvened on Monday April 30,2001. Fred Pecker’s trial on the first of three Charges began.
Victor Pamiroyan is the Chief Prosecutor. He is Assisted by Alfredo Flotte, Lupe Ornelas & Danny Perez. Hector Valdivia, John Lopes and Carlos Siordia are also present daily.
The Trial Committee made the rule that only ten (10) observers from “each side” would be allowed in the room. Subsequent enforcement of this rule was necessary. Several individuals were asked to leave the room. There was consistently a respectful quiet observer group. The prosecution would not allow some Local 6 members to be on their “prosecution” side of the table- even though they had less than ten in the room.
At Fred Peckers insistence he was allowed the same total of four at the table for his defense; as the prosecution had to make their case. Previous to this the ruling had been “only one defense counsel”.
All the witnesses on the total list of witnesses for all of the charges against Pecker, Ornelas, Valdivia, Duke and Ratcliff had beeen notified of their need to be in attendance on Monday. Local 6 has stated that they will not pay any witness to attend. Many members have already taken vacation time to attend the proceedings. It is difficult to estimate when specific witnesses will be needed.
Fred Pecker attempted to raise “objections” before the trial began. These were objections on: the trial process; the continuing lack of due process; the lack of an investigation prior to issuance of the charges; the lack of timeliness of the charges; the lack of specificity of the charges; the lack of specifying of the section of the Local 6 or of the ILWU Constitution-which govern these charges; and the refusal to supply, upon request, the required documentation Mr Pecker would need in order to prepare an adequate defense.
The prosecution claimed they had also requested documentation which they had not received. The defense claimed they had received no such request.
Defense objections were put on the record with some difficulty and the Committee Chairman ruled that any objections would be “a part of the defense summation”. All attempts to request a ruling from the Committee that these charges were not now timely were not allowed. The Committee confirmed the trials would be completed and any objections would be noted for the record.
Tuesday proceedings had fewer interruptions. At one point a witness produced a document folded out of his wallet that was allowed into the record. The prosecution had previously on two occasions been denied the same document entered into the record because it was not provided in advance to all parties. The prosecution closed the day early by stating they had two more witnesses to bring in on Wednesday for less than half an hour each.
The two witnesses did not appear on Wednesday. Instead the prosecution questioned three Business Agents; Pecker, Ratcliff, Sierras- all of whom had been present the day before. At close of proceedings Wednesday the prosecution has an additional two witnesses to bring forward tomorrow- Thursday.
An observer today noted that this appears to be a “fishing expedition”.
Others are concerned that to complete the trials may take several weeks since each Charge for all of the five Officers will be heard and tried separately.
You are most welcome to attend at the ILWU at 1188 Franklin St. San Francisco.
Update: Committee to Defend the Rank & File/ May 2, 2001
