December 1, 1996
To: Valeria Hardy-Mahoney, Esq.
National Labor Relations Board
1301 Clay Street, Room 300N
Oakland, CA 94612-5211
From: Craig Gonsalves
Castro Valley, CA 94546
Ms. Hardy-Mahoney:
It is my responsibility as a teamster to bring an important, troubling
issue to your attention. The issue is the discrimination and retaliation
being perpetrated against teamster members, some of whom are stewards such
as myself. This animosity is being displayed by our Business Agent, Marty
Freitas. Due to our dissatisfaction with the way Mr. Freitas has handled
many union matters, several of us ran against him and his associated in
two recent elections and we openly oppose the slate he supports in the
approaching international election. Because of our open philosophical opposition
over the past year, the acts of discrimination and retaliation have now
become very blatant.
Regarding my case in particular, during November 1995 I was seen by my
physician because I was experiencing chest pains. Dr. Martin diagnosed
me with stress and advised me to take three to six months off from my responsibilities
as shop steward. When told of my physicians' recommendation Mr. Freitas
declared I was no longer a shop steward. At the time I thought he was joking
and was giving me a hard time because of our opposing views on how best
to serve our members. However, I later learned that he was serious. On
September 23, 1996, special weekend meeting was called at Local 70 where,
during the discussion, Timothy Mapfumo asked Mr. Freitas if I was still
a shop steward to which Freitas responded, "No" . This discussion
was witnessed by approximately 20 co-workers.
Shop Stewards are elected as employee representatives by their co-workers.
The local by-laws state that a business agent may appoint a shop steward
in a work area only after those members have been given opportunity to
elect a candidate. To avoid holding an election, Mr. Freitas did not attempt
to replace me simply left the position vacant. Mr. Frates removed me from
my position without authority and in direct violation with the ethical
practices and election rules. This was a blatant show of retaliation.
Two months prior to this on July 1, 1996 I had a grievance to be heard
at the local review and had invited two fellow members, Keith Barros, an
experienced safety representative and Maran Wilson shop steward, to assist
me in presenting my case. When Mr. Barros and Mr. Maran arrived the meeting
was stopped and Mr. Freitas announced that they could not remain in the
meeting. Their eviction was clearly an act of discrimination and an ethical
violation. However, at the September 23, 1996 meeting Local 70 Secretary
Treasurer, Chuck Mack said "We teamsters can and will have whoever
we want attending our grievance hearings." Mr. Barros, who was present,
rebutted Mr. Mack and reminded him that Mr. Freitas had removed Mr. Wilson
and himself from the grievance hearing held in July. Mr. Freitas replied
"that was different," the subject was immediately changed and
the weekend meeting proceeded.
In another instance, Mr. Freitas attempted to remove shop steward Dave
Dodinez for arranging a meeting of the stewards without advising and inviting
him. Another shop steward, Randy Olson stated that Marty Freitas refused
to file his grievances and allowed him to represent employees in the Broadway
Center only. Additionally, Ken Green and Scott Reid, stewards at the Airport
Center, had their steward status removed by Freitas but were later reinstated.
All of these stewards are active Ron Carey supporters.
Please feel free to contact me if you need or want more information.
Thank you for your attention to this matter.
Craig Gonsalves