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 16^th, 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

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

STATEMENT FROM THE TRUSTEE

Dear Brothers and Sisters:

            I am Joe McCann, the newly appointed Trustee of Local 333.  I am a part-time New York State Judge currently serving as City Court Judge for Glen Cove, Long Island.  I am also a former federal prosecutor who specialized in investigating and monitoring unions with a history of corruption or organized crime influence.  In my private law practice, I have represented many unions, and presently also serve as the ILA Trustee for Local 1235 in Newark, New Jersey.

            James Kossler, who will serve as Deputy Trustee on this assignment, is a retired FBI Supervisor with an expertise in union corruption and organized crime.  Jim also serves as my Deputy Trustee at Local 1235, and has substantial experience working in other trusteeships.

            First the good news.  Thus far, we have not been made aware of any problems with corruption in your Local or of organized crime influence. Nor have there been any credible claims that any union member personally profited from illegal or unethical conduct.  As will be discussed further below, this Trusteeship was imposed primarily because the ILA determined that officers and trustees had failed in their fiduciary duty to protect the members and their funds. But what has also become painfully apparent to Jim Kossler and me in the short time we have been here, is that this Union is in severe financial distress which must be addressed or it cannot thrive as an institution dedicated to the protection and advancement of its members.

MY AUTHORITY AS TRUSTEE

            As Trustee, I step into the shoes of all the Local’s officers, trustees and executive board members, all of whom have been relieved of their positions by the UMD’s letter of October 19^th.  I have full authority to make the decisions on each substantive issue facing the Union as well as control the on-going operation of the Local.  That said, I recognize that I must rely on the counsel and advice of those who know this industry, and that no trustee can operate an institution of this size and importance without the assistance of knowledgeable people.  With that in mind, I also have the authority to retain or bring back former officials to assist me in carrying out the Local’s mission, and I will be making announcements in this regard at the General Membership meeting on November 2, 2011.

GETTING THE FACTS STRAIGHT

            There have been a lot of rumors and misinformation circulating regarding my appointment as Trustee. While I welcome a direct call or e-mail from any member who has questions about the Trusteeship or suggestions regarding the operation of the Local, I want to clarify what led up to the imposition of the Trusteeship, and urge every member to read for him or herself the ILA Committee Report of Findings and Recommendations and the Letter from the UMD imposing the trusteeship, each of which have been, or will be uploaded onto this Website.

            Preliminarily, let me emphasize that neither Mr. Kossler nor I had anything to do with the decision whether or not to impose a trusteeship over the Local.  Rather, as detailed further below, a hearing was held before an ILA Committee composed of two ILA Vice Presidents, who determined that discipline of officers and a trusteeship over the Local might be appropriate, but referred the matter to the UMD to make that determination.  The UMD ultimately decided to relieve the Local’s officers, officials and executive board members of their positions, and finally to appoint me as Trustee.  That is where we are today, and this is how we got there. 

            In April 2011, Local 333 member Chris Larsen brought disciplinary charges against then President William Harrigan and all the elected officers, officials and trustees of the Local.  ILA President Richard Hughes appointed a committee composed of ILA Vice Presidents Raymond Sierra and William Yockey to hold a hearing on the charges.  A transcript was made of this hearing which we hope to be able to make available to the members in the near future.

            Brothers Harrigan, Salvatore Blasi (an executive board member and Fund trustee), and Michael Brandon (former Secretary/Treasurer) appeared at the hearing and the Local’s officers were all represented by counsel. The bulk of the charges were found to lack merit or were withdrawn during the hearing.  However, the ILA Committee did express disapproval about Brother Harrigan requesting a $100,000 loan from the International when the Local was so far behind in collection of dues.

            Notably, the most serious charge before the Committee was also sustained – the breach of fiduciary duty by the officers and trustees in failing to protect the New York City Employees Annuity Fund, which according to the Committee lost approximately $1.2 million in a Ponzi scheme run by the Fund’s new financial advisor Carlo Chiaese of CGC Advisors, LLC.  The Committee concluded that it believed discipline should be imposed on Brothers Harrigan and Blasi, and suggested that a trusteeship over the Local might be appropriate, but given the “unique craft and legal status” of Local 333, the matter was referred to the UMD to determine appropriate discipline and whether to impose a trusteeship.   

             It is my understanding that, with UMD President John Healy and Brother Larsen abstaining, the UMD issued a letter on October 19^th addressed to then President Harrigan, noting the ILA Committee’s findings on the $1.2 million loss to the Annuity Fund, and the Local’s delinquency in dues collection.  The UMD also separately determined that the officers of Local 333 had entered into discussions to disassociate with the UMD without approval of the Executive Board in violation of the UMD Constitution.  Accordingly, the UMD relieved the Local’s officers, officials and executive board members of their positions, and appointed the undersigned as Trustee for the Local.

THE PRESENT PROBLEM

            This Union is in severe financial distress.  It has virtually no financial reserves.  It is spending too much money and receiving too little income.  We need to cut expenses whenever and wherever we can, and we need to be more aggressive about collecting dues and initiation fees (Yes, even though we are severely hampered by the lack of a dues check-off by most private sector employers).  At the General Membership Meeting on November 2^nd, I will be setting forth some of our plans for reducing expenses and generating income.  Your comments and ideas will be welcome.

            We have also begun our investigation of the misbegotten investment of Local 333 Annuity Funds in a Ponzi scheme with an emphasis on finding a way to make the Fund whole.  This will be given my highest priority.

THE FUTURE

            This is a great union with a long and proud history, but for too long, it has been hampered by finger-pointing instead of action.  We need to change that, and we need each member to get behind the union so it can speak with authority and strength at the negotiating table.  We need you to come to union meetings, and to timely pay your dues so this union can do the job for which it exists: protecting and improving the lives of you and your family. 

            See you on November 2^nd.

                                                                                                Fraternally yours,

                                                                                                Joseph D. McCann

                                                                                                Trustee

REPORT ON THE UMD

December 26, 2011

Dear Brothers and Sisters:

There is again misinformation being circulated by the misguided individuals seeking to disaffiliate with Local 333 in favor of the so-called Richmond Terrace Bargaining Unit. I will leave it to you to determine whether this misinformation flows from ignorance or out-right deceit, but for the record this is the current status of matters at the United Marine Division.

On December 9, 2011, in anticipation of the upcoming election of UMD officers, and based on my authority as Trustee, I removed John Healy and Chris Larson as Local 333's representatives to the UMD. In a letter to the UMD dated December 15^th, I notified the Board of my decision and my intention to sit on the Board myself and/or with Deputy Trustee James Kossler, and to exercise Local 333's two votes in future Board decisions and elections. My action completely removed Brother Larson from the Board, but Brother Healy remained as a Board member exercising his one vote as the President and UMD Appointee for Local 350.

On December 13, 2011, I received a letter from counsel for the UMD stating his legal opinion that, although I unquestionably had the authority to remove and appoint individuals to the UMD Board to represent Local 333, neither Mr. Kossler nor I could sit on the Board unless we were actually "members" of the Local. Rather than attempt to dispute this opinion on the eve of the UMD election, I decided to temporarily appoint Secretary/Treasurer Ron Tucker and Delegate Mike Riordan as Local 333 representatives to the UMD in order to exercise Local 333's voting rights in accordance with my directions as Trustee.

During the December 20^th UMD elections, Mike Riordan nominated Ron Tucker as President, but there was no second. Harry Hennessey then nominated Bill Hennessey as President which was seconded by John Healy, and Bill Hennessey was unanimously elected to that position. Ron Tucker then nominated Mike Riordan for Secretary/Treasurer of the UMD, but there was no second. The Hennesseys then nominated and seconded John Healy for Secretary/Treasurer. Although Ron Tucker and Mike Riordan voted against Brother Healy’s election to Secretary/Treasurer, he still won by a 3 to 2 majority.

Other matters were discussed at the meeting, including how to address jurisdictional disputes that might exist between Local 333 and Local 350, and how the UMD can give more support to 333. I expect these issues to be discussed again in upcoming meetings, and would welcome any constructive suggestions regarding these matters.

Fraternally yours,

Joseph D. McCann

Trustee

(516) 766-3131