Daniel Dugar
Oakland, California 94606
August 27, 1997
Mr. Chuck Mack
Secretary Treasurer
TEAMSTER LOCAL #70
70 Hegenberger Road
Oakland, California 94621-0170
Certified # P 094 128 763
Dear Mr. Mack:
I am being subjected to a frightening situation at work. I am being forced
to be represented by an alleged shop steward, Warren Evans, whose discernment
and motives I do not trust. Mr. Evans was illegally appointed by Marty
Frates to represent me. I am being forced to be represented by an insolent
steward that has physically threatened me and referred to my mother in
an abusive and vulgar manner. I was threatened to be taken before the Executive
Board of Local 70, by Marty Frates, my Business Representative, for requesting
a steward that I respect.
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".
I was called into the office for a corrective interview on July 3rd.
There was a complaint about me taking delivery stops off my package car
which didn't belong on my car in the first place. The car was already heavy
that day and I removed the packages that were mistakenly loaded onto my
car. George Tate, Dusty Phelps, Claude Reynolds, Warren Evens, who is the
shop steward, and myself were in the office discussing my situation. I
was not allowed to be represented by Kim Marchant, the steward of my choice.
Management explained what they wanted of me and I said I would follow their
instructions.
After the meeting, I asked Warren Evans if he had anything to say about
the improper loading of my truck. Warren said; "I don't have anything
to say about the meeting but I have a personal problem with you and I'm
tired of your shit". I felt threatened because Warren was pointing
his finger in my face and walking towards me. I asked Warren to get his
finger out of my face and told him to stop walking up to me. He then said;
"Fuck you and fuck your mother." At that time I felt fearful
and angry. Here is a fifty year old man. He's a shop steward and he is
saying fuck my mother. I've heard of people dying because they insulted
someone's mother. Yet, nothing was said to Warren about insulting my mother.
I was warned that if I made any physical motion towards Mr. Evans that
I would loose my job and the police would be called. I am tired of being
bullied and intimidated. Do these people represent the Teamsters? Do they
represent Local 70? Do they represent you? They certainly don't represent
me! Who does Local 70 represent? Is it the workers or the management of
United Parcel Service? These people should not be serving our members in
any capacity. I have attached a copy of a letter
dated July 7, 1997, from Craig Gonsalves to you, addressing this problem.
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 or Warren Evans 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. 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 Marty Frates
and or Warren Evans were acting of their 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.
Sincerely,
Daniel Dugar
DD:ce
cc:
Shannon Reeves, President, Oakland Chapter, NAACP
Robert Chan, Esq.
Claude Brown, Chairman, National Black Caucus, I.B.T
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
Dave Godinez, Craig Gonsalves, Kim Marchant, Timothy Mapfumo,
Eric Matthews, and Maran Wilson
Joe Silva, President, Teamster Local 70
Marty Frates, Business Representative, Teamster Local 70
Warren Evans