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To The Membership of Local 333 from Joseph D. McCann
As you all know, the UMD appointed me Trustee of Local 333 in October 2011. Before accepting the position, I made clear that it was important for me to remain independent throughout the trusteeship.
In the last couple of months, despite several set-backs, we appeared to have turned the corner in stabilizing the Local finances, and setting up fair and transparent hiring procedures that include a published seniority list of members who are out of work. In the meantime, negotiations have proceeded on various different contracts, with several being ratified in the last few months. As for the City Workers' Annuity Fund, a formal claim has been presented to ULLICO, our fiduciary insurer, demanding the full policy limits of $1,250,000 on two policies we have with them.
Unfortunately, notwithstanding the foregoing, the UMD's recent challenges to my independence -- and other actions by it which threaten the Local 333's ability to become financially stable -- have made it impossible for me to continue as Trustee. Accordingly, last Friday, I submitted the following letter of resignation to the UMD, effective at the close of business on that day, although for the benefit of the membership I did offer to remain available to ensure a smooth transition to whomever takes my place.
I take this action with regret because I believe that, for all its troubles, Local 333 is a great union with the potential to significantly improve the lives of its members and their families. I wish you all well.
Fraternally yours,
Joseph D. McCann
MURRAY & McCann
Attorneys at Law
100 Merrick Road, Suite 514 West
Rockville Centre, New York 11570
joemccann@att.net
Tel: (516)766-3131
April 27, 2012
BY E-MAIL AND OVERNIGHT DELIVERY
William M. Hennessey,President
United Marine Division
International Longshoremen’s Association,AFL-CIO
50l William Floyd Parkway
Shirley, New York 11967
Dear Mr. Hennessey,
As I have pointed out to you in telephone discussions and my letter to Larry Cole dated April 20, 2012, I have grown increasingly concerned about recent attempts to limit my independence in the performance of my duties as Trustee of Local 333, as well as the actions of the UMD which have increased the financial burden on the Local 333 rather than relieving it.
I was appointed to this position in October 2011 and was immediately faced with decertification campaigns already on-going at K-Sea and Casco Bay Maine as well as several on going negotiations and arbitrations. These issues and the on-going problem of collecting dues from members without a check-off have kept the Local under severe financial stress which we have been able to relieve in some measure only by severely reducing expenses, laying off employees, and demanding a 10% cut in wages from the Local's remaining officers.
While I recognize your assistance in obtaining counsel for Local 333 with regard to the K-Sea certification election, whatever benefit the Local enjoyed from this assistance has been wiped out by the recent increase of the monthly pe rcapita dues now being assessed by the UMD, which rose by $1.00 per member with the entire amount of the increase being kept by the UMD. As you know, the Local 333 members of the UMD board voted against this increase.
Moreover, I have become aware that yesterday the UMD, without written timely notice to Local 333's members of the UMD board, called for a meeting for this afternoon without notifying me. In response to my telephone call to you this morning, you indicated that you had the power as President to call this meeting and that the purpose was for you to"do somethings" following from my letter to you of April 20th. Notwithstanding that you suggested that my letter precipitated this meeting, you did not extend an invitation to me to attend.
In light of the foregoing, I am compelled to resign as Trustee of Local 333 effective at the close of business today. However, to ensure that the members' interests are protected, I am prepared to stay on longer if you wish in order to ensure a smooth transition to whoever is appointed as my replacement.
I will also prepare a final report on the Trusteeship to you as President of the UMD , to President Harold Dagget of the ILA, and to the United States Department of Labor. Finally, please be advised that on-going cash flow problems at the Local have required me to delay monthly payments of the agreed upon retainer amounts to cover the time and disbursements incurred by myself and my staff. These amounts must be satisfied before I turn over documents in our possession and control.
I thank you for your attention to this matter.
Very truly yours,
Joseph D. McCann
cc: Harold J. Daggett, ILA President
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NOTICE TO K-SEA EMPLOYEES WHO WISH TO REMAIN MEMBERS OF LOCAL 333
Based upon deep concerns about the long-term viability of RTBU as a bargaining representative and what the purchase of K-Sea by Kirby will mean to their future employment, many K-Sea employees have contacted us requesting that they be allowed to remain members of Local 333.
Please be advised that, based on the NLRB’s certification of RTBU as the collective bargaining representative for the K-Sea bargaining unit, Local 333 cannot represent K-Sea employees in bargaining, grievances or arbitrations, and K-Sea employees must rely on RTBU to serve them in these matters.
That said, nothing prohibits K-Sea employees from also having membership in Local 333. Therefore, recognizing that Local 333 cannot represent you with regard to matters involving K-Sea/Kirby, if you still wish to maintain your membership in Local 333, please contact our acting delegates Paul Roura (718-727-5648) or Mike Riordan (718-727-5685 ) in order to arrange payment of your dues to continue your membership status.
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STATEMENT FROM THE TRUSTEE
CHALLENGE TO THE IMPOSITION OF THE TRUSTEESHIP
FOUND TO BE WITHOUT MERIT BY THE DEPARTMENT OF LABOR
March 20, 2012
Dear Brothers and Sisters:
The United States Department of Labor (“DOL”) notified us last week that, after full
investigation, DOL has rejected the challenge filed by some disgruntled members against the
UMD’s imposition of the Trusteeship. The DOL’s decision will allow us to continue to deal
with the Local’s fiscal problems and address the other concerns that led to the imposition of the
Trusteeship in the first place. In the meantime, the team at Local 333 has been proceeding with
the efficient operation of the Local, as well as effectively dealing with grievances, arbitrations,
collective bargaining negotiations, and organizational activity.
Preliminarily, I am pleased to report that Acting Secretary-Treasurer Ron Tucker and
Acting Delegate Paul Roura have obtained recognition of Local 333 as the collective bargaining
representative for a new employer known as Bridge Construction Services of Florida, Inc.
Moreover, a contract with Bridge Construction has already been negotiated and should be fully
executed by the time your read this message.
In addition, bargaining negotiations are proceeding as expected at Circle Line, Great
Lakes and K-Sea Philadelphia, and an Agreement has already been reached with Metropolitan
Marine Transportation which awaits ratification by the members.. Meanwhile, the pending
arbitrations the Local brought on behalf of two of our members against Great Lakes and Sandy
Hook Pilots are scheduled for hearings. To represent our members at these arbitrations, we have
retained Matthew McGuire, Esq., a Labor lawyer with substantial experience in these matters.
With respect to the City, many retired members have been pleased that we have been able
to increase payments for their un-reimbursed medical and dental expenses to $750. In the
interim, Deputy Trustee Jim Kossler and I have also been in contact with the SEC, and have met
with prosecutors at the United States Attorney’s Office about potential recovery of at least a
portion of the funds stolen by Carlo Chiaese, who is presently incarcerated for operating the
Ponzi scheme in which some $1.7 million of the retired members’ annuity funds were stolen.
We will continue our search for possible sources of recovering these funds.
Remember, stay united and stay strong. Your future depends on it.
Fraternally yours,
Joseph D. McCann
Trustee, Local 333
(516) 766-3131
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STATEMENT FROM THE TRUSTEE
THE RESULTS OF THE RECOGNITION ELECTION
February 10, 2012
Dear Brothers and Sisters:
Today, the votes were counted in the Recognition Election before the NLRB to determine who would serve as the Bargaining Representative for the employees at K-Sea Transportation, Inc.
The employees at K-Sea have voted to replace Local 333 with the Richmond Terrace Bargaining Group as their new representative. The vote tally was as follows: 128 for Richmond Terrace, 79 for Local 333, and 29 to go non-union for a total of 236 votes counted. Some ballots were not counted because they were unsigned or otherwise defective, but not enough to make a difference in the outcome.
I congratulate the members of Richmond Terrace on the election, and wish them good luck in on-going negotiations with Management at K-Sea. In the meantime, Local 333 will continue its on-going commitment to zealously represent the members of its other bargaining units.
Fraternally yours,
Joseph D. McCann
Trustee, Local 333
(516) 766-3131
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STATEMENT FROM THE TRUSTEE
YOU MUST VOTE TO PROTECT YOUR FUTURE
February 2, 2012
Dear Brothers and Sisters:
I am pleased to report that we are in the process of signing the contracts with Poling & Cutler, and Marine Oil Service. The Captain’s contract with Statue Cruises has already been signed, and the Deckhands and Engineers agreement for Statue has been ratified and is awaiting signature. Moreover, negotiations are moving ahead at Circle Line and have just commenced for K-Sea Philadelphia. We are further gearing up for upcoming negotiations with Great Lakes and Metropolitan.
Notably, our municipal counsel Fausto Zapata, with the assistance Local 333 City Representative Rich Russo and Shop Steward Charlie Martinez, recently won a difficult Section 72 Appeal on behalf of 333 member John Kalyna.
On the financial front, the Local is regularly meeting its payroll and monthly expenses as they come due, and long-tem debt is being reduced. In addition, Deputy Trustee Jim Kossler and I have met with the United States Attorney’s Office regarding the Court-ordered restitution owed by convicted felon Carlo Chiaese to our Annuity Fund. The U. S. Attorney’s Office has assured us that finding assets to satisfy our claim will remain a top priority with them.
. At this point, all the members of the K-Sea bargaining unit should have received their secret ballots. At issue in this vote is your future and that of your family. Whether you choose to remain with Local 333 which has served as the members’ bargaining representative for six decades, or leave your future in the hands of the newly created Richmond Terrace, or vote “Neither” on the ballot, which really is a vote for no union at all, it is important that your vote be counted. If you have not yet sent your ballot back, you must do so immediately to ensure it is received by the NLRB on or before by February 8, 2012 in order to be counted. The final counting of the ballots will occur on February 10, 2012.
Fraternally yours,
Joseph D. McCann
Trustee, Local 333
(516) 766-3131
Contact Information for the NLRB:
National Labor Relations Board Region 29
Two Metro Tech Center
Suite 5100
Brooklyn, New York 11201-3838
Attn: Genaira Tyce, Field Attorney
(718) 330-2843
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STATEMENT FROM THE TRUSTEE
YOUR VOTE – YOUR FUTURE
January 15, 2012
Dear Brothers and Sisters:
At this point, all employees of the K-Sea bargaining unit should have received a secret ballot at their home address. If you have not, or you lost your ballot, you must contact the NLRB at the address and telephone number provided below by January 20, 2012 to get a replacement ballot. Your ballot must be received by the NLRB on or before February 8, 2012 in order to be counted.
I cannot emphasize enough the importance of this vote to your future and that of your family. Regardless of which entity you decide upon, it is important that your vote be counted so the decision is not made by just a few members who took the trouble to exercise their rights.
Your options on the ballot are to vote to retain Local 333 as your collective bargaining representative (the first check box on the ballot), to go with Richmond Terrace (the last box on the ballot), or to choose “neither” which really means you are putting yourself at the mercy of your employers K-Sea and Kirby. Needless to say, choosing to go non-union is not a viable option. The decision you must make is between Local 333 and Richmond Terrace. How do they compare?
Local 333 is affiliated with a powerful parent union, the ILA and the AFL-CIO.
Richmond Terrace is affiliated with no one, nor can it be for at least a year even if it were recognized as a bargaining representative.
Local 333 has been in operation for over 60 years.
Richmond Terrace -- to the extent it can be said to a viable entity at all -- has been in existence for a couple of months.
Local 333 has the infra-structure, personnel and experience to be effective as your union representative.
Richmond Terrace has none of these.
Well then, what does Richmond Terrace have? It has a small group of persistent bloggers, who – whether out of desperation or just simple loss of self-control – have turned increasingly to character assassination, defamation, misstatements of fact, and baseless allegations of so-called “corruption,” instead of addressing the very real issues of just how they will deliver on the promises they have made – These are the people who want to become your new union leaders.
Think long and hard about where you want place you trust and the future of you and your family, and then send in your ballot while there is still time for it to be counted.
Fraternally yours,
Joseph D. McCann
Trustee, Local 333
(516) 766-3131
Contact Information for the NLRB:
National Labor Relations Board Region 29
Two Metro Tech Center
Suite 5100
Brooklyn, New York 11201-3838
Attn: Genaira Tyce, Field Attorney
(718) 330-2843
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STATEMENT FROM THE TRUSTEE
"UNLEASHING THE GENIE"
December 26, 2011
Dear Brothers and Sisters:
I am pleased to report the Marine Oil Service contract negotiated by Secretary-Treasurer Ron Tucker and Delegate Mike Riordan has been unanimously ratified by the members. Details of the terms will appear on this Site in the near future.
We have also commenced negotiations for the Circle Line contract with the full participation of the employee negotiating committee. I attended the last negotiations session on December 16th, and was struck by the solidarity of the negotiating committee, who are standing shoulder to shoulder against the unreasonable demands of Management.
Unfortunately, while further negotiation sessions will be scheduled at K-Sea, the actions of a disgruntled few have not only undermined Local 333's strength at the table, but have also unleashed the Genie from the Bottle. By circulating a recognition petition and seeking an election in hopes of unseating Local 333, these misguided individuals have opened up the possibility of K-Sea going non-union and falling in line with the rest of the Kirby fleet. Recognizing too late what they have done, the misguided few now implore you to not allow K-Sea to go non-union when they should be asking for your forgiveness for creating this mess in the first place.
But we can’t un-ring the bell. On December 30, 2011, ballots will be sent out by the NLRB to the members of the K-Sea bargaining unit. Your choices will be to keep Local 333 as your authorized bargaining representative, or to take your chances with this new concoction they call Richmond Terrace, or to chose neither – which is actually a vote to place your future livelihood in the unrestrained hands of the employer. If you are reading this, I hope I can safely assume that you recognize the folly of going non-union regardless of what Management’s pitch might be. Voting for the so-called Richmond Terrace is almost as dangerous.
Remember, Local 333, through the UMD, is affiliated with the ILA, one of the most powerful unions in the Country, and through the ILA to the AFL-CIO. By contrast, this so-called Richmond Terrace is affiliated with no one, nor can it be for at least a year even if it were recognized as a bargaining representative. While the misguided leaders of this concoction would have you believe that multiple International Unions and their affiliates are lining up to welcome them into their ranks, ask them if anyone has actually committed to accepting them. One thing you can be sure of is that the ILA is not going allow them to decertify themselves from one ILA Division and Local in order to go affiliate with another ILA entity like the MM&P.
Finally, ask yourself if you want to place your future and that of your family in a fly-by-night outfit like Richmond Terrace, which measures its lifespan in weeks rather than decades? In truth, only Local 333 has the history, infra-structure, and experience to serve as an effective representative for you at the bargaining table or in arbitration.
It is now time to send a clear signal to Management and to those that would undermine the membership’s interests at the bargaining table that Local 333 is – and will remain -- the authorized collecting bargaining representative for K-Sea and for the other companies employing Local 333 members. Vote for Local 333 to remain your bargaining representative!
Fraternally yours,
Joseph D. McCann
Trustee
(516) 766-3131
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STATEMENT FROM THE TRUSTEE
“PROMISES, PROMISES”
December 4, 2011
Dear Brothers and Sisters:
As Local 333 representatives continue to provide you with representation both at the bargaining table and in the field, a vocal but misguided group of K-Sea employees are seeking to replace the Local with something called the “Richmond Terrace Bargaining Unit.” Incredibly, they have chosen to do this in the middle of our negotiations with management at K-Sea, thereby undermining the bargaining rights of the very membership they claim they are now ready and able to represent.
In order to garner support for their reckless actions, they have resorted to misrepresentations, and promises that they cannot possibly keep. One such misrepresentation is that I as Trustee will approve any Collective Bargaining Agreement without getting a vote of the members ratifying the contract. This is wholly false, and no contract will be executed without the membership’s approval.
Another misrepresentation is that I am here to serve the interests of certain former officers of the Local and to reinstall them in the Local. This is also wholly false. As I explained in my first Statement to the Membership (which is also available on this Website), I am an independent Trustee with substantial experience in correcting problems at corrupt or mismanaged unions. I am here to correct problems at the Local, to put it on a sound financial basis, and to seek recoup the moneys lost from the City Employee’s Annuity Fund.
Turning now to the promises made to you by these same people if they get their wish to establish a separate bargaining unit for K-Sea, they:
Promise you the best representation possible at a fraction of the cost of your present dues;
Promise you that there will always be legal representation in any interaction between the union and management;
Promise you they will forgive all delinquencies in dues and that they will not seek any initiation fees when they are in charge.
In fact, these are all empty promises made just to garner support wherever they can, because we all know: That In This life, There Is No Such Thing As a Free Lunch.
And frankly, if these individuals really believe they can keep these promises and still provide you with quality representation, it only demonstrates how naive they are – and the last thing you need is naive individuals representing you at the bargaining table, in grievances and at arbitrations. But don’t ask me, ask them.
Ask Them: What exactly is this “Richmond Terrace Bargaining Unit” anyway? As far as we can see, it has its address in one individual’s home. Moreover, although in an earlier e-mail to the membership, the K-Sea dissenters proudly stated that two of them had donated $300 each to the formation of the new bargaining unit, they now concede in their latest e-mail that they don’t even have a bank account yet, much less any of the organizational structure that a labor organization needs in order to operate effectively.
Ask Them: Just how they intend to provide effective representation at cut-rate prices? Will the officers be full-time and paid a salary? How much will they receive and how will it be paid? Will the officers be unpaid volunteers, and if so, who will represent you when the officers are away on a two-week run at sea?
Ask Them: Whether they will continue to operate out of one member’s home, or will they have a facility? How will they pay rent, utilities and phone bills when they intend to keep dues so low?
And, Oh yes, Ask Them: What will be the impact on your job security if they are successful in establishing this new “Richmond Terrace Bargaining Unit.” At present, if you are laid off at K-Sea, you can register at the Local 333 hiring hall, and will likely be sent out to work at one of the many other employers with whom the Local has a contract. But ask these individuals -- if they are successful in creating this new bargaining entity separate and apart from Local 333 -- whether you will have access to the Local 333 hiring hall if you are laid off at K-Sea? Also ask them whether you will be able to work for any employer who has a contract with Local 333 if you are no longer a member of the Local?
Once again, I ask you to stand together in solidarity behind Local 333, and remember that I welcome your phone calls or e-mails if you have any questions or ideas on how we can make this a better union.
Fraternally yours,
Joseph D. McCann
Trustee
(516) 766-3131
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STATEMENT FROM THE TRUSTEE
November 23, 2011
Dear Brothers and Sisters:
I regret to inform you that, in the middle of difficult negotiations, some misguided members of the K-Sea bargaining unit have filed a petition with NLRB to de-certify Local 333 as the bargaining representative. They apparently intend either to go non-union or to replace our long-standing Local with something called the "Richmond Terrace Bargaining Unit."
These individuals have further promised that the K-Sea bargaining unit will receive better representation with minimal expense to its members, while at the same time assuring you that they will never go into a negotiations meeting without bringing a lawyer for protection. And thus, with inflated expectations of what they think they can achieve without expense -- and apparently with no practical knowledge as to how to manage a union and perform all of the functions required for it to be an effective organization -- they ask you to follow them into the wilderness to some vague Promised Land of better representation at little or no cost.
Even more troubling is the fact that several of these individuals have been serving on the Local 333 Bargaining Committee at the same time they are undermining the union and thereby the whole negotiating process. Certainly, "a house divided against itself cannot stand," and these individuals cannot have it both ways by serving as representatives of the Local at the same time they are trying to undermine it.
Accordingly, under my authority as Trustee, I am hereby dismissing forthwith all members of the K-Sea Negotiating Committee who are in support of this de-certification. I will retain any member of the Committee who notifies me that he/she is not supporting this de-certification effort, and remains loyal to Local 333 and its principles. I would further encourage other members of the K-Sea Bargaining Unit who support Local 333 and its principles to contact me if they are interested in volunteering to fill the vacant positions on the Committee.
As I have in the past, I again urge you to band together in solidarity behind this Local to ensure a strong union, effective representation at the bargaining table, and a fair contract.
Fraternally yours,
Joseph D. McCann
Trustee
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