Craig Gonsalves
Castro Valley, California 94546
July 7, 1997
Chuck Mack
Secretary Treasurer
TEAMSTER LOCAL #70
70 Hegenberger Road
Oakland, California 94621-0170
Certified # P 268 660 322
Dear Chuck:
I am addressing this correspondence to you because you are the Principal
Executive Officer of Teamster Local 70. Section 8 (D & E) of the Local
70 bylaws indicates the duties of the Principal Executive Officer. Section
8 (D) states; "The principal officer shall have the authority to interpret
these bylaws and decide all questions of law thereunder, between meetings
of the Local Union Executive Board". Section 8 (E) states; "The
principal officer shall enforce the International Constitution and these
bylaws adopted by this Union and shall ensure that all officers perform
their respective duties".
Neither myself nor my coworkers were formally informed that I was removed
from the elected position of shop steward. It was not posted. Robert Alameda
is the person that Marty Frates apparently chose to replace me. This information
has not been properly disseminated to my coworkers at the time of this
writing. Please consider this correspondence to be a formal demand that
you advise me as to the date and true reason that I was replaced by a non-elected
steward that Mr. Frates appointed.
Marty Frates refuses to allow our Teamster brothers and sisters to use
the steward of their choice to represent them. He decides who will represent
us regardless of our wishes. On June 26, 1997 Mr. Frates informed Maran
Wilson that he is no longer a steward during a corrective interview with
Oakland Metro Manager Gary Medeiros. Brother Wilson was forced to be represented
by two stewards that were appointed by Marty even though Maran has demanded
that he be represented by Kim Marchant, the steward of his choice.
Brother Geagan is the person that Marty Frates chose to replace Kim Marchant
as steward. Mr. Frates has informed Kim that she is an alternate steward.
Sister Marchant believed, prior to this, that she was a steward. Sister
Marchant was notified by Marty Frates, without prior warning, posting or
otherwise formally notifying those she represented that she was an alternate
steward. Coworkers have asked Kim Marchant to represent them only to learn
that Mr. Frates had instructed management to keep her out of grievance
meetings. It would be in violation of the Bylaws if I were to recognize
Tom Geagan and Warren Evans as stewards.
Marty Frates has informed a number of my coworkers that they must conduct
themselves in a proper manner or face charges before the Executive Board
of Local 70. Marty Frates threatened to cite Daniel Dugar before the executive
board for being rude to Warren Evans. Brother Dugar wasn't rude. He simply
wanted Kim Marshant to represent him. Marty also fired Dave Godinez as
steward because brother Godinez was talking to other stewards without Marty's
approval. Freedom of speech and assembly are protected activities under
Title I of the Labor-Management Reporting and Disclosure act of 1959 (29
U.S.C. 411). Dave Godinez was later reinstated after he protested.
Section 14
(F) of the Local 70 bylaws states; "Business Agents shall be empowered
to appoint the Steward or Stewards at their respective terminals, etc.,
provided that they first give those involved the opportunity for election
of such". Marty Frates has failed to do this at the Oakland Hub.
I will not allow Marty Frates to represent me. I have a right to demand
that an ethical business representative that follows the bylaws, or a duly
elected or appointed steward be present (29 U.S.C. 411). A steward must
represent the best interests of a worker and not the personal agenda of
a union official or officials.
Stewards that have inadvertently accepted their positions are in violation
of the bylaws as there have been no elections or offer of such. This behavior
is so aggrieves and widespread that I demand that Marty Frates be terminated
with loss of benefits. Additionally, it should be determined if he was
acting of his own volition or following the instructions of a superior.
Please consider this letter to be a formal demand that this matter be investigated
and taken before the Executive Board.
Fraternally,
Craig Gonsalves
cc:
Ron Carey, General President, International Brotherhood of Teamsters
Erin Belk, I.B.T. Vice President
Bob Blanchet, I.B.T. Representative
Ken Mee, Western Vice President, I.B.T.
Ken Hall, Small Package Division, I.B.T.
Tom Gilmartin, Vice President of Eastern Conference, I.B.T.
Chairman, Ethical Practice Committee
Claude Brown, Office of Strategic Affairs, I.B.T.
Shannon Reeves, President, Oakland Chapter, NAACP
Robert Chan, Esq.
Daniel Dugar, Dave Godinez, Kim Marchant, Eric Matthews and Maran Wilson
Joe Silva, President, Teamster Local 70
Marty Frates, Business Representative, Teamster Local 70
Robert Alameda
UPS Package, Feeder and Hub Stewards