I am attaching a bombshell of a leaflet distributed to everybody at the Local 13 contract meeting. It think it addresses very important issues.
David Stock 36057
In other words, the upcoming contract has within it a memorandum of understanding. This letter will allow for factions within our Union to negotiate their own deals with the employer on a local level.
Besides being illegal for all the reasons on the reverse page, it is essentially Anti-Union. Unless the collective bargaining agreement specifically allows for extra wages, bonuses or benefits without the consent of the Union and its membership what may happen will be a crime.
Our negotiating committee is supposed to represent everyone in the Union. By Union, I mean every local in the ILWU up and down the west coast, its pensioners, their widows, their families and their collective interests.
How DARE they negotiate for their own interests over that of the collec-tive Union. If the employer is still willing to make concessions to one group of the Union, it should be done at the table so that the best interests of the entire Union will be served. Any change in our contract should be voted on by the entire membership. It is the only way to operate fairly as a Union.
Southern California Steady Crane Operators are among the highest paid members in our Union and typically work far fewer hours than the average ILWU member.
These people that tell you that one day you’ll get yours are wrong. The highly skilled positions are filling up with much younger people and will probably be held for the next 25-30 years. Don’t believe everything you hear, figure it out for yourself.
Our main problem is our representation who have a history of working outside the contract. One of our negotiators, Dan Imbagliazzo, in LRC SC-10- 97, was shown to have taken money from Marine Terminals Corporation while on Union Business. A quote from the Arbitration says it best: “The creative payroll practices of MTC in collaboration with Mr. Imbagliazzo has a corrupting influence among other lonshoremen and Direct Employers of the Pacific Maritime Association.”
In a Union Complaint #19-96 and LRC SC-9-97, Dan Imbagliazzo and other MTC steadies received extra payments from the employer by being included on phantom payrolls in various categories and shifts. They were never legally dispatched to these jobs and in total these men received $281,262.42 for these payrolls. The end result is that MTC paid approximately $50,000 to Local 63. Local 13 (at least the regular membership) received nothing for the violation. MTC received no other penalty for the Phantom payrolls. The money stayed in the MTC steadies pockets.
Interestingly enough, most of the steady Crane Operators that are championing this local negotiating clause are on the executive board and from MTC. It is also notable that the executive board and officials (JoJo Cortez) that did not pursue the payments to Local 13 for the Phantom payroll penalty are primarily working for MTC. They didn’t pursue it due to a supposed technicality.
Are they working for MTC or are they just cowards? Something’s fishy here. When are these New World Order Leeches going to be held accountable to OUR Union? When are all the good members of the ILWU, the Crane Opera-tors, Mechanics, Clerks, Bosses, Swingmen, UTR Drivers, Winch Drivers Sweepers and IDs, going to take back OUR Union and run it fairly and honestly.
The greed is amazing. The rumor has it that these particular steady crane operators working under Pay guarantee, working three (and often only two) days a week, and only half of that since they split it with their partner, would be willing (how nice of them) to take additional money (yes even more) to work a fourth day. They have no shame about taking the job away from the man in the hall, Hammerhead drivers, Transtainer drivers, Top Handler drivers and would even resort to halting the training of younger longshoremen to ensure that they get theirs. Constantly afraid of the footsteps.
But that’s okay... because just TRUST them and one day you’ll get yours ...... if any scraps fall from their tables.
George Padovan
ILWU Crane Operator
Local 13
(page2)
The ILWU began with a set of 10 cardinal principles upon which it continues to operate. These were memorialized by the Union’s Tenth Biennial Convention held in San Francisco in 1953. These are the first two pertaining to side deals and the Union.
I. A union is built on its members. The strength, understanding and unity of the membership can determine the union’s course and it advancements. The members who work, who make up the union and pays its dues can best deter-mine their own destiny. If the facts are honestly presented to the members in the ranks, they will best judge what should be done and how it should be done. In brief, it is the membership of the union which is the best judge of its own welfare; not the officers, not the employers, not the politicians and the fair weather friends of labor.
II. Labor unity is at all times the key for a successful economic advancement. Anything that detracts from labor unity hurts all labor. Any group of workers which decides to put itself above other workers through craft unionism or through cozy deals at the expense of others will in the long run gain but little and inevitably will lose both its substance and its friends. No matter how difficult the going, a union must fight in every possible way to advance the principles of labor unity.
The NLRA outlines the following points: “Can an individual worker or group of workers negotiate directly with the employer for themselves to obtain better terms or different terms than those in the collective agreement?”
NO, unless the majority union consents. Once a majority union has been designated, the individual loses his freedom of contract; for the majority union is the inclusive representative, and the employer is legally barred from negotiating with anyone else. An individual cannot be paid higher wages or be given better terms than those provided by the collective agreement. This is also outlined by the Supreme Court.
Regarding caselaw on the unlawfulness of Side-deals with Individual Employees one can refer to the following:
Section 8(a)(5) of the NLRA obligates employers to notify and bargain with duly designated unions concerning any changes in wages, hours or working conditions. Consequently, even a wage increase or other improvement in benefits made without first bargaining with the Union constitutes an unlawful unilateral change in working conditions. NLRB v. Benne Katz, 369 US 736
Similarly, any side deals with the employees that gives them extra-contract benefits are unlawful because they-are the result of improper direct dealing that bypassed the Union. Medo, Photo Supply Corp. v. NLRB, 321 US 678 1944. What is more, granting additional wages or benefits beyond the contract rates to some or all employees constitutes an unlawful mid-term modification of the collective bargaining agreement as well as conflicting with the Union’s status as exclusive bargaining representative in direct violation of the Act.
In other words, unless the collective bargaining agreement specifically allows for extra payments beyond the contract rates, employers are prohibited from giving employees extra wages, bonuses or benefits without the consent of the Union and the Union may withhold its consent for any reason and may even lawfully refuse to discuss midcontract modifications such as extra payments to employees.
