Sounds good so far, But wait. After
a fancy tap dance by Local 70
officials, whiz bang Randy's case
was heard before the Joint Council
7 and UPS grievance panel.

In the face of overwhelming
evidence that UPS was in violation
of the contract a unanimous
decision  was rendered in the favor
of United Parcel Service. Now
Randy is out of work and his
retirement is in jeopardy. 

We the friends of Randy Olson
have created this fund to pay legal
expenses and help him and his
family with his financial needs
through this time of crisis until
justice prevails and his job  is
restored.
Go to:
The Friends of 
Randy Olson Web Site

May 17, 1999

Charles Engel 
Walnut Creek, CA 94596 

Re:   Warning Letter 

Dear Mr. Engel: 

Your conduct at the meeting held with the United Parcel Service Car Washers, at 5:00 p.m. on May 14, 999, in the lunchroom at UPS was documented and totally unacceptable! Your constant interruptions with the discussions going on will not be tolerated! In my opinion, your sole purpose of attending this meeting was to be disruptive, to create a scene and to attempt to start a physical confrontation. Everyone who attended the meeting was having a civil conversation, except you! The last straw was when you got up out of your chair, came over to me and stuck your face and body in front of me trying to block my conversation. I consider this a physical threat on your part, which I reject! 

You are hereby put on notice, "any" repeat of this type of conduct will result in "all" legal action being taken against you. I might add, the discussions, with the other members in attendance, was productive and positive. Even though there were differences of opinions on some of the issues discussed, there was respect for each other. 

Please consider this letter your final warning on this matter. 

Very Truly Yours, 

Marty Frates 
Business Agent 

MF/mha 
opc.29.afl.cio 

c.  Chuck Mack 
     Joseph L. Silva, Jr. 
     Ray Kindle, Steward 
     Car Washers
 

May 20, 1999

Marty Frates
Business Representative
Teamster Local 70
70 Hegenberger Road
Oakland, Ca. 94621-0170

Dear Marty:

I am in receipt of your punctual warning letter of May 17, 1999. That letter pertained to the meeting you held on May 14, 1999. 

You hastily called the meeting while I was on vacation. You did not notify me of this meeting. I was informed of the meeting by a conscientious coworker. Car Washers Gerald Murphy, Rick Delicampa, Matt McLoone and Gralin Madison were present, in the break room, in addition to myself and ten or fifteen unnamed coworkers. The meeting started out in a civil manner. It degenerated when you began to perpetuate false statements. You were miseducating my coworkers and I and you refused to respond to direct questions. You eventually turned your back on me and
proceeded to ignore me completely. I then knelt down next to you and attempted to get your attention.

· You told the Car Washers that we could not elect a Shop Steward for the night shift where the majority of workers are assigned. You informed us that you would be acting as our Shop Steward and we could not have an
alternate. There is only one employee working with the Shop Steward that you selected.

· When questioned about the contract, you instructed a coworker to look it up himself. You did so in a manner obviously calculated to discourage future inquiries.

· You ignored my question regarding whether the SABER health care payment plan for retirees is covered by The Employee Retirement Income Security Act of 1974 (ERISA) and you falsely stated that SABER is vested after one year. I pointed out that your answer was false and you refused to respond. You feigned that you were confused about the definition of the term "vested" relevant to SABER participation. However, you correctly stated that we are vested after five years of participating in the Pension Plan.

· I have been advised that you are an officer of East Bay Drayage.  Please inform me as to your official title and the scope of your duties.  As you know, East Bay Drayage administers SABER.

I was surprised to learn that you feel physically threatened by me. Do you feel threatened by my questions, my physical proximity or both? You needn't be afraid. We can work together. It is not my intention to
frighten you. I ask simple questions and I expect honest answers. 

In your letter of May 17, 1999, you state; "You are hereby put on notice, "any" repeat of this type of conduct will result in "all" legal action being taken against you". I cordially invite you explore your legal options as I continue to pursue my rights as a Teamster. 

I consider you're letter to be a pathetic ruse to divert the attention from the facts. I would consider it productive if you would thoroughly and precisely respond to the above statements.

Fraternally,
 
 

Charles Engel
Former Shop Steward
New Member, Teamster Local 70

Cc:     Chuck Mack, Secretary Treasurer, Teamster Local 70
        Joe Silva, President, Teamster Local 70
        Ray Kindle, Steward
        Car Washers

Ps. I do have to commend and thank you for not spitting on me, as you have been known to do as a past practice in your Official Capacity as a Teamster Union Representative.

March 29, 1999

CERTIFIED MAIL NO: Z154-509-024 RRR 

Steve Mack
Secretary Treasurer
TEAMSTER LOCAL 78
492 "C" Street
Hayward, CA 94541

RE: TRANSFER FROM TEAMSTER LOCAL 78 to LOCAL 70

Dear Brother Mack:

On March 25, 1999 Local 78 Shop Steward, Ray Kindle, announced to the work crew that as of today (3-25) we are now members of Teamster Local 70. Shop Steward, Ray Kindle also left a message on my voice mail stating the following: "Chuck, this is Ray Kindle. I talked to Mack (Steve Mack, Secretary Treasurer of Local 78)) today, actually yesterday. Joint Council 7 did their vote and we're in Local 70 now. We have to go down to Local 70 and fill out some kind of paper work. Tell them what happened. I'm supposed to disseminate this information to everybody. In addition, you'll be getting a letter from Local 78 stating their disposition and the fact that they are no longer representing us. That's all I have to say I just wanted to tell everybody and I think you're the last person I called because you were on vacation and you weren't there. Have a nice day."

Also on this date I attended my first Teamster Local 70 membership meeting. I wished to find out the status of our membership in Teamster Local 70 and what that means.  Present at the meeting was Chuck Mack,  I.B.T. Vice President, President of Joint Council 7 and Secretary Treasurer of Teamster Local 70.  Also present was Joe Silva, President of Teamster Local 70 and other Members of the Board, general members and one other non-member.

I was invited to attend the meeting by Mr. Marty Frates, Business Agent at Teamster Local 70, when I was present at a Teamsters for a Democratic Union (TDU) meeting where Marty Frates addressed the group. The invitation was extended roughly a month ago to ten or fifteen members of the Bay Area Chapter of TDU. The invitation was made when I.B.T. West Coast Representative, Mr. Bob Blanchet, asked Mr. Frates if we could come to Teamster Local 70 membership meetings. Mr. Frates extended an invitation to all present. 

I was at the Local 70-membership meeting for two reasons. I wanted to accept the invitation of Mr. Frates and I also wanted to inquire about my new membership in Teamster Local 70. I was waiting to participate in the meeting when the Sergeant at Arms, Mike, approached me and asked that I leave the meeting because I wasn't a member. I asked Mike if it would be proper to bring this matter before the membership. Mike then consulted with The Board. Upon his return, he stated that the matter would be brought to the membership after the minutes were read. After the minutes were read Union Officer, Bobby Bell approached the microphone and addressed the Chair. Mr. Bell informed those present that there were two visitors present that did not belong to Local 70. He asked us to introduce ourselves stating our names and why we were there. The other visitor was first. She was an intern that was spending time with Chuck Mack. It was stated that the Executive Board had approved of her presence at the meeting. When it was my turn to speak, I explained that Mr. Frates invited me and I inquired as to what my status was as a member of Teamster Local 70. Then Marty Frates came to the microphone and denied that I was invited. I then said that he was mistaken and that in fact the invitation had been extended by Marty at a TDU meeting in response to an inquiry by Bob Blanchet. A brief argument ensued. Mr. Silva stated that I was not a member of Teamster Local 70 although there had been some discussions about a transfer. Mr. Silva stated that I would be welcome to membership meetings at Local 70 at such time as I became a member. There was some discussion. Business Agent, Larry Dias then came to the microphone and began to make a point of order. After having been told that I was not a member and Mr. Frates having denied that he invited me I felt it prudent to leave to avoid further humiliation and hostility. Throughout this, Mr. Chuck Mack remained mute. 

My shop steward, Ray Kindle, announced our membership to Teamster Local 70 and the President of Local 70, Mr. Silva had told me, that I was not a member on the same day. The next day, on March 26, I called Teamster Joint Council 7 to inquire about the vote that was allegedly taken to officially transfer membership of my work group from Teamster Local 78 to Teamster Local 70. I was not given any information about the vote but I was told that your brother, Mr. Chuck Mack, was present at the JC7 meeting and that you were not. When I inquired as to whether there was a record of what transpired I was told that although you were not present at the meeting you were informed. I was told to contact you for clarification.

I have attached copies of my previous inquiries regarding this matter.  In my letter of 6-1-98, I brought up the issue of rumors and rumor mongering relevant to the questionable transfer. A direct answer to our questions was not forthcoming. On 6-11-98, Marty Frates responded to the letter of 6-1-98. Mr. Frates misstated the facts and closed that letter by suggesting that I "clean up your (my) act and get a life besides a computer". I received a letter on June 25, 1998, from you, with no mention of the rumored transfer to Teamster Local 70. To the best of my knowledge there has been no formal communication from the Union regarding this matter since the letter from Marty Frates of 6-11-98 despite numerous phone calls from coworkers. The Unions conspicuous delinquency in providing information regarding the future of our lives is inexcusable. Is Teamster Local 78 fulfilling its duty of fair representation? I think not!

Please commit to writing an explanation of the aforementioned confusing, humiliating and hostile series of events.  Thank you for your cooperation.

Fraternally,
 

Charles R. Engel
Member, Teamster Local 70 or 78

Cc: 
Mr. Fred Feinstein, General Counsel, NLRB, Washington, D.C. (Case No.32-CB-5003)
Mr. James Scott, Regional Director, NLRB, Oakland, Ca. (Case No.32-CB-5003)
Alexis M. Herman, U.S. Secretary of Labor, U.S. Dept. of Labor, Washington, D.C.
I.B.T. Ethical Practices Committee, Washington, D.C.
The Executive Board, Joint Council 7, San Francisco, Ca.
The Executive Board, Teamster Local 70, Oakland, Ca.
The Executive Board, Teamster Local 78, Hayward, Ca. 
Chuck Mack, I.B.T. Vice President, President of Joint Council 7,
Secretary Treasurer Local 70
Joe Silva , President, Teamster Local 70
Marty Frates, Business Agent, Teamster Local 70
Dan Varela, Business Agent, Teamster Local 78
Bob Blanchet, Former I.B.T. West Coast Representative
Ray Kindle, Shop Steward, U.P.S. Oakland Hub
The Work Crew

Attachments:
98-06-01 Engel to S. Mack re Rumors and Rumor Mongering
98-06-11 Frates to Engel re Response to S. Mack Letter of 6-1
98-06-18 Engel to S. Mack re Response to Frates Letter of 6-11

May 27, 1999

Joseph L. Silva, Jr., President
Teamster Local 70
70 Hegenberger Road
P.O. Box 2270
Oakland, CA 94621-0170

RE:     DENIAL OF SHOP STEWARD REPRESENTATION

Dear Joe:

This correspondence is being addressed to you in your official capacity as President of Teamster Local 70. Section 7 (G) of the Local 70 Bylaws states, "It shall be his duty (the Vice President) to see that all business agents perform their assigned duties". I am formally requesting that you instruct Teamster Local 70 Business Agent, Marty Frates, to perform his duty as mandated by the Local 70 Bylaws. 

Co-worker, Ray Kindle, who is acting Shop Steward, has told our co-workers and I that he prefers a Democratic Shop Steward Election. In conversations with my work crew, they have agreed that a Shop Steward Election is appropriate. We do not currently have legal Steward representation. We are currently receiving disparate and discriminatory treatment from Teamster Local 70 Business Agent, Marty Frates. All other work groups in the building have elected shop stewards on their respective shifts. 

The Local 70 Bylaws require a shop steward election. Marty Frates, as a representative of Teamster Local 70, is currently violating Section 14 (F) of the Teamster Local 70 Bylaws. 

This letter, with an accompanying copy to members of the Executive Board, constitutes compliance with Section 24 (B) 2 of the Teamster Local 70 Bylaws. I am formally charging Marty Frates with violating the Bylaws of Teamster Local 70. I request a Trial or an immediate Shop Steward election.

Fraternally,
 
 

Chuck Engel
Former Shop Steward

Cc: 
Chuck Mack, Secretary Treasurer, Teamster Local 70
Marty Frates, Business Agent, Teamster Local 70
Ray Kindle, Shop Steward
The Car Washers

In accordance with the CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE, SUBCHAPTER III, Section 431. Report of labor organizations. These documents are public information.

Local 70 Financial Disclosure: You are entitled to know how your dues are spent by Local 70. Review and study this report. It is called an LM2 Report which all locals must file with the Department of Labor. The report is in .tif graphic format stored in a self extracting zip. Download to a new directory/folder then execute the file. Download LM-2 Report NOW. (70LM2.EXE = 454kb.)
Click here If you need to download a tif. Graphics Viewer for Windows 95.
You can also obtain a copy of the LM-2 Report from Local 70.  Order On-Line.

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