Local 13 refused to provide any workers with the letter alleged to have amended the exclusive hiring hall agreement. On May 15th after being told that Local 13 had provided a copy of the letter allegedly amending the exclusive hiring hall agreement Eric faxed a memo to Local 13 Secretary/Treasurer Mark Williams requesting a copy. They then told the Agent investigating they had a letter eliminating the exclusive hiring hall agreement, but never produced the letter. Local 13 lied to Region 21 saying did not refer any of the workers, and claiming they had never implemented the agreement. Local 13’s Officers have been lying to Eric since the June 2019 Executive Board Meeting, when they denied they were referring workers for the cement jobs and told Eric they didn’t think they had jurisdiction. The same holds true for Labor Organizations. “when an employer vacillates in offering a rational and consistent account of its actions, an inference may be drawn that the real reason for the conduct is not among those asserted.” Aluminum Technical Extrusions, 274 NLRB 1414, 1418 (1985). Region 21 found that Local 13 did refer the first worker employed under the exclusive hiring hall agreement without the required hiring hall list, and without any objective criteria for referral. Region 21 investigated the charge, and found Local 13 has a valid exclusive hiring hall Agreement covering referral of members of Local 13 to the Metro Cement dock. 13 executed on April 7, 1998, including supplementary Side Letters No. He has the right go to work at non-PMA jobs that are referred under an ILWU exclusive hiring hall agreement.Īccording to Side Letter 3 dated MaLocal 13 agreed to continue operating under the Agreement Between Pacific Warehouse Company and ILWU, Local No. He has the right to vote and he has the right to be referred ahead of non-members. That is a shape-up.Įric pays dues, is a ILWU member in good standing, and has rights. Local 13 has referred deregistered members in good standing, registered members on no-dispatch to PMA, non-member superintendents who lost their jobs, and a deregistered non-member B-man, to the non-PMA Metro Cement dock with no lists or documented referral procedure. The first 2 referred by Mark Mendoza both described their referrals in detail including the names and background on every person referred by Local 13, and both made it clear that the only way to get the job is to be referred by Local 13.Įric also informed the NLRB Agent that for the last 3 weeks of September only 1 Local 13 member had been working at the Metro non-PMA Cement dock, which means there was at least 1 job open while Local 13 was stalling Eric’s request to go to work. Region 21 was provided with the names of all the workers referred to the Cement dock. Rob Waterman is who negotiated and administered the exclusive hiring hall agreement at the Cement dock.Įric Aldape and others informed an NLRB Agent that non-member superintendents were referred to work at the non-PMA cement dock, and that Labor Relations Committee Representative, Mike Dimon, referred a deregistered non-member B-man to start working at the Cement dock on October 1, 2019. The NLRB was provided payroll records showing a registered member on no dispatch to PMA Employers working at the non-PMA Cement dock, and a Complaint letter from PMA which was tabled by Metro’s Rob Waterman. The Union refused to responded to Eric’s letters, and continued to refer non-members to the Cement dock. On June 10, 2019, Eric wrote to Local 13’s Executive Board about the shape-up related to jobs being referred to a non-PMA cement operation run by Metropolitan Stevedoring.Įric attended several Local 13 Executive Board meetings where the officers acted like they all knew nothing about the non-PMA cement operation, said they were not sure Local 13 had the jurisdiction, then held the matter over to look into it. Local 13 has a history of referring deregistered members in good standing, and registered members on no-dispatch under their Pacific Coast Longshore Contract Document, to work at non-PMA operations like the Kaiser steel dock and the Metro Cement dock. In 2018 Local 13 started running their own shape-up out of the Office’s of the President and the Labor Relations Committee Representative.Įric Aldape, has been a dues paying member in good standing of ILWU Local 13 for the last 20+ years and, while he has been deregistered and therefore not eligible to work for PMA companies, he is eligible to work for non-PMA ILWU operations like the Metro Cement dock in the Port of Los Angeles. The ILWU was founded in 1934 to bring an end to the Employer’s preferential hiring practice known as the shape-up.
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