A Message from Rocco Davis, Trustee Robert R. Trenkle

A Message from
Rocco Davis, Trustee
Dear Brothers, Sisters, & Retirees of Local 270:
You are well aware of the fact that your Local
Union is in Trusteeship. I am the Trustee and Robert R. Trenkle is my Deputy Trustee thats runs the
day to day operations of your Local Union for me.
The Special Counsel office imposed an emergency
Trusteeship of Local 270 on July 3, 2008. The Independent Hearings Officer, Peter F. Vaira, held two
days of hearings on July 22 and 23, 2008 and then
two more days of hearings on September 3 and 4,
2008. Mr. Vaira made his decision to continue the
Trusteeship on September 22, 2008. You can read
the conclusions and the final decision to continue
the Trusteeship on the last pages of this newsletter.
Since the Trusteeship took place we have held: two
VOICE classes, one steward class, and one political Wellstone training. We now have ten new construction stewards assigned to jobs! The Northern
California District Council of Laborers’ Organizing Department has been at Local 270 for over two
months and has been training the Business Agents
on how to organize. Together we signed ten (10)
contractors to full master agreements and seven (7)
contractors to terms and conditions. I can not thank
enough the Executive Director Jerry Morales and
his team for this great accomplishment in a short
period of time.............continued page 2
Robert R. Trenkle
Dear Brothers, Sisters, & Retirees of Local 270:
I am going to report to you on the financial condition of Local
270. When we first came here in July most of your assets were in
a diverse portfolio with Wachovia Securities. You had little over
11 million dollars invested with them. The Wachovia account
has lost 1.45% since inception so we moved all of the assets out
of Wachovia and invested them in a CDAR account with United
Labor Bank, a financial institution owned by organized labor. A
CDAR account is a network of banks that opened up CDs for
us at $94,500.00 each all over the country. They are all FDIC
insured plus we have a guaranteed 2.48......continued page 2
Laborers Local 270
509 Emory Street,
San Jose, CA 95110
Prsrt Std
U.S. Postage
PAID
San Jose, CA
Permit No. 1090
Rocco Davis
It shows what a Local Union can do when you remove all barriers to organizing and work together.
We had an Apprenticeship recruitment day with the
NCDCL Training Center and we recruited over 100
candidates for Apprenticeship. We held our first
Contractor Luncheon which was well attended and
actually signed “Clean House”’ an new employer, to
a full agreement at the luncheon. We put in a DebitCredit card machine for the dues and initiation payments to make it more convenient for members. We
also added some new rules to dispatch which you
will read about in another article in this newsletter. I plan on doing at least a quarterly newsletter
to keep you informed so that you can see Local 270
is already well on its way to recovery. If you have
any questions or concerns please feel free to contact Robert R. Trenkle, Deputy Trustee at the Local
Union Hall.
Fraternally,
Rocco Davis,
Special Assistant to the General President, LIUNA
Vice President-At-Large & Pacific Southwest
Regional Manager Trustee for Local 270
Robert R. Trenkle
annual percentage yield. The Local will make
$272,800.00 a year on the $11,000,000.00 investment. That is the good news. Last year between
July 2007 through July 2008 the Local Union lost
$926,375.46. Some of this was investment losses but
not all of it. Your Local spent $127,643.00 on donations, $38,937.48 on meetings and conventions and
$700,265.62 on member affairs just to mention a few.
In addition, we have four people suing us, all but one
are former employees. All were terminated by Carlos
Lujan. I can not tell you who any of them are. We
already settled one lawsuit but still have three others
we are dealing with. We also had a big liability serving breakfast every morning at the Local Union. We
did not have a health department permit and are not
an approved facility to prepare food. We do still provide coffee, donuts and sweet rolls every day. We are
going to try and recover some of the money that we
have to pay out in lawsuits as well as money paidout
for back pay that was improperly passed. I am going to have to cut back on some staff and continue to
tighten up on expenditures to bring our budget in line
with more income than expenditures. I am a member of Local 270 and we will get this Local on the
right track. It has been a pleasure working with the
members and retirees and I am looking forward to
helping this Local become strong again. If you have
any questions, problems or need assistance, contact
Maribel Moreno at 408-536-0472 and schedule an
appointment to meet with me.
Fraternally,
Robert R. Trenkle
Deputy Trustee for Local 270
Maribel Moreno, Executive Secretary to Deputy Trustee
Types correspondence, prepares meeting minutes, processes grievances,
coordinates events, manages calendar for the Deputy Trustee, assists Business Agents with
correspondence and assists members. Direct Line 408-536-0472.
Joyce Harris, Bookkeeper
Full charge of all bookkeeping records, troubleshoots IT & telephone equipment,
Safety Manager, assists with special projects and assists members. Direct Line 408-536-0469
Kimberly Carrasco, Administrative
Assistant to the Executive Secretary
Maintains files, assists Business Agents,
processes the International per-capita
Reports, events coordinator and assists
members. Direct 408-536-0480
Gloria Ceniceros, Office Manager
Coordinates Apprentices with the Apprenticeship program, coordinates training for members,
oversees the dues processing and assists members. Direct Line 408-534-0464
Jose Aguirre,
Administrative Assistant
Processes dues, weekly food bank and assists
members Direct Line 408-536-0475
Veronica Perez, Administrative Assistant
Processes dues, prepares documents for the members and
assists members. Direct Line 408-534-0479
Margarita Navarrete, Janitor
Keeps our building spotless
Adrian Gonzalez:
Hello, Brothers and Sisters,
The Areas that I cover are Sunnyvale, Los
Altos Hills, Mtn. View, Palo Alto and
Stanford. I have been a member of Local
270 for 12 years. I used to work for TBI
Construction and Blackwell General Eng as
a pipe layer. Should any of you have any
problems or need any assistance please call me
at my office 408-536-0468 or on my
cell408-593-2475. Remember to work safe at the job-sites.
Emilio Avila:
The Areas that I cover are
Evergreen area and the East Side of San Jose.
I have been a member of Local 270 for 20 years.
I hope that you all had fun this summer with your
Family! Drink a lot of water. Should any of you need
to contact me please call me either at my office number
408-536-0461 or my cell number 408-592-8636.
Joseph R. Corona
Hello Brothers and Sisters, I am currently covering
the San Jose Airport and other areas. Should any of
you need to speak to me please call me either on my
office number 408-536-0473 or on my cell 408-5928633.
Gerardo Esparza
Hello Brothers and Sisters, I hope that everyone is doing well.
The areas that I am currently covering are San Jose, Cupertino, Saratoga and
Los Gatos. It is very slow out there and it is much easier for our
signatory contractors to keep you busy when you are able to perform
several skills. The more you know the more work is out there for you. We need to
get out there and vote to put a Democrat back in office. Let’s get involved!
Should any of you need to speak to me, please call me on my office phone at
408-536-0466 or on my cell at 408-592-9006.
Timothy McCormick
My name is Tim McCormick, I have worked with the Local for almost 7 years now. Previously, I
represented our public sector. Now the Local is concentrating on construction and I am tracking all
the grievances filed to ensure that hearings and arbitrations are heard in a timely matter. There has
been intensive policing in the field since the Trusteeship. This has resulted in more work for our
members. It has also meant more enforcement through grievances as the agents are teaching the rules
to our contractors once more. Soon the signatory contractors will know that Local 270 means business
and we won’t have to file so many violations. Meanwhile, we are training stewards to help the agents
in making sure that we get all the work in our jurisdiction and alerting the Union to violations of our
Master Agreement. Training will be an on-going part of my job for the members. Finally, I will work
with the stewards and members at our industrial plants to keep on top of negotiating our independent
contracts that affect only our Local 270 members and not the District Council.
My number is (408) 536-0465 and my cell number is 408-592-8809
A Message from Local 270’s Dispatcher
Dimas Cuevas
Dispatch’s direct line is (408) 297-2620 ext 223 and 224
Members * must be available for dispatch calls between
NEW HOURS! 6:00am -9:00am
You must return my call within minutes or you will be dropped
from the list.
Roll Call Day is the first Thursday of the month between the hours
of 9:00am - 12:00pm
LOCAL UNION DISPATCH POLICIES
Monthly Dispatches
The purpose of the hiring hall is to ensure that whatever work is available to the membership is equitably
dispersed amongst those who are qualified to perform July = 52
the given tasks. To this end, these policies are set forth August = 72
September = 110
to promote the effort.
1. All members self qualify their laborers skills by filling
out, signing, and returning a qualification card to the dis- 4. If you use “NO TRANSPORTATION” as an expatch office of the union.
cuse not to take a job call, your number will be off
the list until you present the dispatcher with a dated
a. Any members who have disqualified themselves for a repair bill. Remember, you will not be called again
laborer skill classification which they have previously self until a dated repair bill is presented that shows you
qualified for, must fill out and return a qualification card have transportation.
before they are called for future job referrals.
5.The dispatcher will call only one phone number
b. It is the member’s responsibility to maintain his/her for each member for job referrals. It is the members
qualification card and update the qualification card as new responsibility to ensure that the dispatcher has his/
skills are obtained. Furthermore it is the member’s respon- her correct phone number. All phone number changsibility to report to the hiring hall any certificates or licens- es must be made at the Laborers’ Union.
es the member has obtained that may assist the dispatcher
in placing the member in a job.
6. Any person who works less than two full days
may retain their current position on “OUT OF
2. A member who accepts a job referral will be considered WORK LIST” if they promptly provide a copy of
dispatched. Any member not reporting to a job will be con- their qualifying pay stub to the dispatcher.
sidered a “NO SHOW”.
7. Anyone found ineligible, or not prepared to go
3. If a member requests to be excused from accepting a to work, shall be promptly removed from the “OUT
dispatch, in accordance with the hiring hall rules, the mem- OF WORK LIST” Examples: gainfully employed,
ber must promptly provide written proof of the qualifying disability, medical, vacation, etc.
incident to the dispatcher to return to his/her position “on
the out of work list” and will not be called for the future job
referrals until such written proof is provided.
Voice Class is held the last Wednesday
of each month. Voice will be held the
third Wednesday in December only.
Refreshments are provided at 4:30 pm.
The class will begin at 5:00 pm.
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The Retiree Council meetings which are
held on the third Thursday of each
month at 11:00 am at the Retiree Hall,
526 Emory Street, San Jose, CA
Union Dues Schedule for 2009
Pursuant to the requirement of Laborers’ International Constitution, Article VIII
Section 3, Local 270 is required to adjust members’ monthly dues. Effective
January 1, 2009, your monthly union dues for Laborers’ Local 270 are as
follows:
!
Active members’ dues are $35.00 per month.
!
Members who have not signed the dues supplement will
increase to $134.80.
!
Retirees’ monthly dues will remain at $8.00 per month
!
Dues vary for members that work for plants.
Please be advised that as of January 1, 2009 there will no longer be disability
dues. There is no constitutional provision for disability dues. To remain in
good standing everyone must pay full dues.
Cuotas Para El 2009 Son:
LABORERS’ LOCAL 270
De acuerdo a los reglamentos de la Constitución Internacional deMEMBERS
Obreros, Articulo VIII,
Sección 3 del Local 270 se necesita hacer ajustes en las cuotas
de los
GETmensuales
UP, STAND
UP
miembros. A partir del 1º. de enero de 2009,
ON THE PICKET LINE
FOR
THEIR
! las cuotas tendrán un incremento de
$1.00
al mesFUTURE!
por un total de
$35.00 al mes
!
Los miembros que no han (se han registrado) firmado para las
cuotas suplementarias, tendrán un aumento de $134.80 por mes.
!
Las cuotas de los miembros jubilados serán las mismas de $8.00
LABORERS’ LOCAL
al mes. 270
MEMBERS
GET UP, STAND UP
! WALK
Las cuotas
POLITICAL
FOR THEIR FUTURE!
para las plantas varian.
Por favor tenga en cuenta que a partir del 1 de Enero de 2009 Ya no habra
cuotas reducidas para los desabilitados. Debido de que no hay
disposiciones constitucionales para la cuotas reducidas para desabilitados.
Para mantener en buen estado en la union todos deben pagar la cantidad
normal de las cuotas.
## #############67%#1""*"3+#89:*$+49#
#############;7"3+%'#<$3#8"&+,/'#="3$:"#
#
!!!!!!!!!!
!
!!!!!!!!!!!"#$%&'#!(&)#*'+!,-..)#/!0#'%1#''23!4-*5!67!89:;<!='>%'?.'#!97!@AA;! !!!!!!!!!!!!!!!!!!!!!!!!!!!
!
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!!!!!
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!
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!
!
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THE RACE FOR THE WHITE HOUSE
OBAMA/BIDEN
Winning the presidency is not
enough for working families.
Barack Obama and Joe Biden
are committed to helping
America’s workers, but we
know that we need more proworker politicians in every level
of the government. We need to
ensure that everyone who makes
the effort to vote has their vote
counted.
BARACK OBAMA, for President
We invite you to participate in this presidential 2008 election. It’s time for a change!
Show your support. I urge you and your family to Vote. It’s crucial. Save our Social
Security, create real jobs with a living wage, lower gas prices and better our health plans
for economically disadvantaged individuals. Join us in playing a role in this election.
Each district has endorsed candidates. We need your support. You can make a
difference.
VOTE! It’s your FUTURE
Laborers’ Local 270 1st. Edition October 2008 Issue
Following are California Endorsements for the 2008
PROPOSITIONS
Proposition 1A -SUPPORT
Proposition 2 – NO POSITION
Proposition 3 – SUPPORT
Proposition 4 – NO POSITION
Proposition 5 – NO POSITION
Proposition 6 – NO POSITION
Proposition 7 – NO POSITION
Proposition 8 – NO POSITION
Proposition 9 – NO POSITION
Proposition 10 – NO POSITION
Proposition 11 – OPPOSE
Proposition 12 – NO POSITION
Sole Endorsements
Alberto Torrico- Assembly District 20
Ira Ruskin- Assembly District 21
Paul Fong-Assembly District 22
Jim Beall-Assembly District 24
Bill Monning-Assembly District 27
Anna Caballero- Assembly District 28
Ernie Garcia-East Side Union High School District
Lan Nguyen-East Side Union High School District
David A. Huboi-Hollister City Council, District 5
Bob Livengood- Mayor of Milpitas
Steve Tate- Mayor of Morgan Hill
Pete McHugh- Milpitas City Council
Larry Carr-Morgan Hill City Council
Alicia Crank-Mtn. View City Council
Laura Macias- Mtn View City Council
Ash Kalra- San Jose City Council, District 2
Rose Herrera-San Jose City Council, District 8
Rod Diridon, Jr- Santa Clara City Clerk
Kevin Moore- Santa Clara City Council, Seat 4
Jaime Lee Mattews- Santa Clara City Council, Seat 6
Chuck Blair-Santa Clara City Council, Seat 7
Measure A-YES
Measure B-YES
Measure E-YES
Measure F-YES
Measure J-YES
Measure K- YES
Measure L- YES
Measure M-YES
Measure N- YES
Measure P- YES
Measure S- YES
Grace H. Mah- Santa Clara County School Board, Area 1
Joseph S. Di Salvo- Santa Clara County School Board Area 4
Anna E. Song-Santa Clara County School Board, Area 5
David Cortese-Santa Clara County Supervisor District3
Joe Simitian-State Senate, District 11
Elaine Alquist-State Senate, District 13
Adrienne Craig Grey- West Valley-Mission CCD, Area3
Dual Endorsements
George Shirakawa- Santa Clara County Supervisor District 2
Richard Hobbs- Santa Clara County Supervisor District 2
Open Endorsements
Debbie Giordano- Milpitas City Council
Heidi Pham- Milpitas City Council
LABORERS’ VOTE! LABORERS’ WIN!!
We ask you to participate in Labor walks, phone banking, knock on doors, drop leaflets. None of this can happen
without your commitment to our cause. As we have learned so painfully during elections in the past, every vote really
does matter. Participate in Labor 2008 Presidential and Proposition Elections. We will continue to fight.
YOUR VOTE COUNTS, VOTE! IT’S YOUR FUTURE
NO McCAIN
VOTE NO!
Following are the California Endorsements for the 2008
U.S. CONGRESS
DISTRICT, CANDIDATE
DISTRICT,
CANDIDATE
1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
20
23
27
28
29
30
31
32
33
34
35
36
37
38
39
42
43
44
45
46
47
48
50
52
ADAM SCHIFF*
HENRY WAXMAN
XAVIER BECERRA*
HILDA SOLIS*
DIANE WATSON*
LUCILLE ROYBAL-ALLARD*
MAXINE WATERS*
NO POSITION
LAURA RICHARDSON
GRACE NAPOLITANO*
LINDA SANCHEZ*
EDWIN “ED” CHAU
JOE BACA, SR. *
BILL HEDRICK
JULIE BORNSTEIN
DEBBIE COOK
LORETTA SANCHEZ*
NO POSITION
NICK LEIBHAM
MIKE LUMPKIN
MIKE THOMPSON*
CHARLES BROWN*
DORIS MATSUI*
LYNN WOOLSEY*
GEORGE MILLER
NANCY PELOSI*
BARBARA LEE*
ELLEN TAUSCHER*
JERRY MCNERNEY*
JACKIE SPEIER*
PETE STARK*
ANNA ESHOO*
MIKE HONDA*
ZOE LOFGREN*
SAM FARR*
DENNIS CARDOZA*
JIM COSTA*
LOIS CAPPS*
BRAD SHERMAN*
HOWARD BERMAN*
CA STATE SENATE
District,
3
5
7
9
15
19
21
23
25
29
33
37
Candidate
MARK LENO
LOIS WOLK
MARK DE SAULNIER
LONI HANCOCK
NO POSITION
HANNAH BETH-JACKSON
CAROL LIU
FRAN PAVLEY
RPD WRIGHT
JOSEPH LYONS
NO POSITION
ARUTHUR GUERRERO
Page 3
CA STATE ASSEMBLY
District,
1
2
3
8
11
13
14
15
19
22
26
27
Candidate
WESLEY CHESBRO
NO POSITION
NO POSITION
MARIKO YAMADA
TOM TORLAKSON
TOM AMMIANO
NANCY SKINNER
JOAN BUCHANAN
JERRY A. HILL
PAUL FONG
NO POSITION
BILL MONNING
District,
30
34
36
40
52
54
60
64
65
71
75
78
Candidate
NO POSITION
NO POSITION
NO POSITION
ROBERT BLUMENFIELD
ISADORE HALL
BONNIE LOWENTHAL
DIANE SINGER
NO POSITION
CARL WOOD
NO POSITION
NO POSITION
MARTIN BLOCK
Laborers’ Local 270 1st. Edition October 2008 Issue
Solidarity
SolidarityForever!
Forever!
Rocco Davis
Trustee for
Laborers’ Local 270
“GET UP; STAND UP … STAND UP … FOR YOUR FUTURE …
YOUR LIFE!”
Robert Trenkle
Deputy Trustee
Laborers’ Local 270
Jerry Morales
Executive Director
Northern
Council
NorthernCalifornia
CaliforniaDistrict
District
Council
of
Department
of Laborers’
Laborer’sOrganizing
Organizing
department
~
~
Have
youyou
ever
heard
words
before?
Have
ever
heard those
those words
before!
That is what Corporate America believes about, and calls, the working people of these United
States. Corporate America has spent the last fifty years preaching to the workers, in every medium
possible, that corporate greed is the salvation for working men and women everywhere. They have
spent billions “dumbing” us down while they make their profits and have us singing the company
song. Corporate America has separated the working class from the ultimate dream that our
ancestors had for future generations.
What is that dream you ask? Life as the middle class of America is the answer. Work hard, play by
the rules and reach the level of middle class living. The “dream” is easy to envision but harder every
day to achieve. Do you think that in an era of Enron, United Airlines, the penny stock debacle, and
now, the home mortgage scandal, you or your children will ever reach the “dream”? Have you read
the papers, listened to the news, cried with your neighbor or family member that has lost their
house? Have you ever cried yourself to sleep because you had to make a decision to put your child
to bed with a minimum dinner so you could have money to buy the gas that gives Exxon Executives
billions of dollars in blood profit and golden parachutes?
Rising fuel costs. Rising food costs. Decreasing home values. No money for health care. The great
society’s social net, Social Security, being bankrupted. Our elderly unable to have a roof over their
head, buy medicines, or buy anything but dog food. The American Dream has been stolen.
It is a short two years before our contract is up. Do you think we will fare any better if we will just
avert our eyes as we pass a homeless person or shake our heads at the soup lines? It is a recipe for
failure if YOU and all the other Brothers and Sisters of this great Union fail to Stand Together,
Fight Together and Win Back Together, “The American Dream of a Middle Class Life.”
IT IS TIME TO TAKE BACK OUR DIGNITY, OUR DREAM, AND OUR AMERICA.
I am asking each and every one of you to stand shoulder to shoulder, as in the days of old, as we
enter the next two years before our contract expires. Your Union needs you. Your fellow workers
need you. America needs you.
We have enclosed a volunteer card so that you can let all your brothers and sisters know that YOU
are prepared to fight the good fight for YOUR future as well as theirs. The Associations, the
Contractors and the so-called Corporate America, fear your power when you rise and speak as one
body. Let us stand up and use that power to better life not only for ourselves but also for those that
have been lulled to sleep by the corporate monster “dumbing” down. Fill out the card and return it
to the Organizing Department. One of our campaign coordinators will be in touch as we prepare for
the struggle ahead of us. Each Local will be sponsoring mobilization classes, worksite monitoring
classes, steward classes, labor law classes and much more as we prepare for the battle that lies ahead.
YOU NEED TO PARTICIPATE.
“GET UP; STAND UP … STAND UP … FOR YOUR FUTURE … YOUR LIFE!”
IMPORTANT PHONE NUMBERS
Planning to Retire?
Office
(408) 297-2620
Fax
(408) 297-6374
Dispatch
(408) 536-0463 or 536-0463
Laborers’ School
(925) 828-2513
Laborers’ H & W
(707) 864-2800 or Toll-Free at 1- 800-244-4530
Retiree Bldg.
(408) 295-3619
Allied Administrators (415) 986-6276
EDD (English)
(800) 300-5615
EDD (Spanish)
(800) 326-8937
Social Security Office (800) 772-1213
Claremont EAP
(800) 834-3773
Anthem Blue Cross (800) 274-7767
Kaiser (English)
(800) 464-4000
Kaiser (Spanish)
(800) 788-0616
Once you retire, Stay active, I
urge you to contact your union.
Are you on DISABILITY?
Injured from work or injured
away from work. You may be
eligible for credit hours towards
pension or health and welfare.
Have you MOVED?
Administrative Office Hours:
Very important to contact the
local to update all your
information. Fill out a change
of address form. This updates
the Trust Fund for Vacation,
H/W, and Pension.
Monday thru Friday
6:30 am to 5:00 pm “NEW HOURS”
Open Last Saturday of the Month
8:00 am to 12:00 noon
Avoid additional fees.
To avoid penalty fees, always
make sure your dues are paid
on time.
Dispatch Hours:
6:00 am to 9:00 am
Always update your Phone Number/Skill Card
Orientation Meeting, last Saturday of each month (new members only)
Important, Do not forget to attend, starts at 9:00 am
*In November orientation will be on the third Saturday, November 22nd.
Laborers’ Local 270 1st Edition October 2008 Issue
In Re Trusteeship Proceeding of Union 270
CONCLUSIONS
I. A full and fair hearing occurred in compliance with federal law and the Constitution.
2. Since 2006, Local 270 has lost II % of its market share of Union jobs in the construction industry in its trade
jurisdiction.
3. Local 270 has no formal organizing plan, and has consistently turned down offers from the LIUNA organizing
department for assistance in training organizers.
4. Local 270 has an underutilized apprentice program, well below LIUNA standards for such programs.
5. Local 270's hiring hall has committed numerous hiring hall violations due to failure to follow the proper hiring
hall procedures, including dispatching persons out of order, failure to keep adequate records, and improperly giving
information about which firms were hiring to a few members to permit them to contact the contractors directly,
without making this information known to all members.
6. Local 270 has failed on at least three occasions to file a proper grievance on behalf of members who presented
their complaints to the union staff. Despite assurances to the members that the grievances were being handled, the
grievances were not filed, and the members forfeited their claims. In one instance, Local 270 attempted to molify
one grievant by paying him $750 from the hardship fund. The payment was improper as he did not qualify for the
payment.
7. Lujan violated his duty of protecting Local 270's jurisdiction by willfully transferring at least 600 public service
employees to another LlUNA Local, 250 miles away. The IHO concludes this transfer was based upon incorrect
financial figures and personnel evaluations, and was not done in good faith.
8. Local 270 improperly denied the retirees to vote on the issue of Lujan's back pay at two membership meetings.
Although the IHO does not find the vote was conducted in bad faith, once the Business Manager discovered the
improper vote, he did not take steps to rectify it. Lujan's argument that he relied on Local counsel for advice carries
no weight, as he made no demonstration of the facts presented to counsel, counsel's reply in any recorded form as
required by LIUNA pattern and practice. Moreover, a question of constitutional interpretation should have been
referred to the LIUNA general counsel or the General President.
9. Although Lujan's proposal to be appointed a part-time consultant never reached fruition, it was improper on its face and
caused much discord among the Executive Board and professional employees. This attempt at creating a well paid
consultant position for Lujan was not made in good faith for the benefit of the Union.
10. The attempt by Lujan to collect money from Executive Board members to pay another member to follow
Arguello and photographing him working at a private enterprise is simply an improper attempt to remove a critic
from the Executive Board.
11. Lujan attempted to obstruct the Inspector General investigation on several occasions by instructing members to
lie to the investigators. His intent was clear and the members obeyed his instructions until it became apparent that
their phony stories were not accepted by the OIG investigators. This alone is sufficient for imposing the
Trusteeship.
DECISION
The evidence presented at the hearing demonstrates the need for a Trusteeship over Local 270 in order to for the
purpose of assuring the performance of the collective bargaining agreements, to carry out the legitimate objects of
the Union, to restore democratic procedures, and to eradicate corruption. The Trusteeship is authorized to continue
pursuant to Article IX, Section 7 of the International Constitution.
PETER F. VAlRA
INDEPENDENT HEARING OFFICER
CONCLUSIONES
1. Se realizó una audiencia completa y justa según las leyes federales y la Constitución.
2. Desde el 2006, el Local 270 ha perdido 11% de sus acciones de mercado en trabajos de construcción de la
unión en su jurisdicción laboral.
3. El Local 270 no cuenta con un plan organizacional formal, y de manera consistente ha rechazado ofertas
del departamento organizacional de LIUNA para asistencia y entrenamiento de organizadores.
4. El Local 270 tiene un programa de aprendices muy poco utilizado, muy por debajo de los estándares
LIUNA para este tipo de programas.
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5. La sala de empleo del Local 270 ha cometido numerosas violaciones de contratación por no seguir los
procedimientos adecuados de la sala, incluyendo el despacho de personas fuera de orden, no llevar
registros adecuados, dar información de manera inapropiada acerca de cuales compañías estaban
contratando a unos cuantos miembros permitiéndoles contactar a los contratistas directamente, sin que esta
información fuera dada a conocer a todos los socios.
6. El Local 270 por lo menos en tres ocasiones ha incurrido en fallas al no tramitar adecuadamente las
quejas de miembros quienes las presentaron al personal del sindicato. A pesar de haberle asegurado a los
socios que sus quejas estaban siendo atendidas, las quejas no fueron tramitadas, y los miembros perdieron
sus reclamos. En un caso, el Local 270 intentó modificar una queja pagándole a la persona $750 del
fondo de sufrimiento. El pago fue inapropiado ya que no calificaba para el pago.
7. Lujan violo su deber de proteger la jurisdicción del Local 270 transfiriendo voluntariamente por lo menos a
600 empleados de servicio publico a otro local LIUNA, a 250 millas de distancia. IHO concluye que esta
transferencia estaba basada en cifras financieras y evaluaciones de personal erróneas, y no fueron hechas
en buena fe.
8. El Local 270 negó de manera inapropiada el derecho de voto de los jubilados acerca del tema de sueldos
retroactivos de Lujan en dos juntas de la membresía. A pesar de que IHO no encontró que el voto se
realizo de mala fe, una vez que el Administrador de Negocios descubrió el voto inapropiado, no tomó
medidas para corregirlo. La explicación de Lujan de que dependía de los asesores legales del Local no
tiene ningún peso, ya que no demostró los hechos presentados al asesor, la respuesta del asesor en formas
archivadas como lo requiere las prácticas y patrones de LIUNA. Aun más, una cuestión de interpretación
constitucional debió haber sido referida al consejo General de LIUNA o al Presidente General.
9. Aunque la propuesta de Lujan de que se le nombrara un asesor de tiempo parcial nunca fructificó, era
inapropiado y ocasiono mucha discordia entre los empleados profesionales y el Concejo Ejecutivo. Este
intento de crear un puesto bien pagado como consultor para Lujan no fue hecho en buena fe para
beneficio del sindicato.
10. Los intentos de Lujan de recolectar dinero de los miembros del Concejo Administrador para pagarle
a otro socio para que siguiera a Argüello y le tomara fotografías cuando trabajaba en una empresa privada
es simplemente intentar de manera impropia de eliminar a un crítico del Concejo Administrativo.
11. Lujan intento obstruir las investigaciones del Inspector General en varias ocasiones instruyendo a los
socios a que mintieran a los investigadores. Sus intenciones eran muy claras y los socios obedecieron sus
instrucciones hasta que fue aparente y sus historias falsas no fueron aceptadas por los investigadores OIG.
Esto por si solo es suficiente para imponer el fideicomiso.
DECISIÓN
La evidencia presentada en la audiencia demuestra la necesidad de un fideicomiso para el Local 270 con el
objeto de asegurar el desempeño de los acuerdos colectivos de negociación, para lograr los objetivos
legítimos del sindicato, restaurar los procedimientos democráticos, y erradicar la corrupción. Se autoriza
el Fideicomiso para que continúe lo concerniente al Articulo IX, Sección 7 de la Constitución
Internacional.
____________________________
PETER F. VAIRA
INDEPENDENT
HEARING OFFICER