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OFFICE OF THE INDEPENDENT HEARING OFFICER |
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IN THE MATTER OF LOCAL 113 DANIELLE HERNANDEZ |
: : DOCKET NO. : 01-03TB |
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CHARLES FECTEAU, JOHN SCHMITT, JAMES ANNIS & DEWEY ROBERTS |
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CHARGES
From February 1, 1997 until the present, Officers of Local 113 breached their duty to Hernandez by failing to provide her with a copy of: LIUNA's International Constitution, LIUNA's Ethics and Disciplinary Procedure (EDP), LIUNA's Ethical Practices Code (EPC), and Local 113's Collective Bargaining Agreement.
From May 1, 1997 until January 2000, Business Manager Fecteau and Business Agent Schmitt breached their duty to Hernandez, a laborer on the Miller Park Construction Project (Miller Park Project) in Wisconsin, by failing to disclose and provide her with the governing Miller Park Project Labor Agreement (Miller Park Agreement). Consequently, Hernandez was unaware that the Miller Park Agreement altered the time period for filling grievances by five days and that she was entitled to a shop steward. Fecteau and Schmitt misled Hernandez in violation of the Labor Management Reporting and Disclosure Act.
From December 3, 1998 until January 6, 2000, Fecteau and Schmitt breached their duty to Hernandez by allowing contractors to breach the Miller Park Agreement without proper third party investigation. Specifically, Hernandez alleges non-laborers were permitted to pour concrete; contractors were allowed to replace union workers on overtime hours with other members; and, Randy Hansen, the Miller Park foreman, was permitted to address union members with discriminatory and abusive language, despite monthly complaints from members.
From on or about December 3, 1998 until January 6, 2000, Officers of Local 113 breached their duty to protect Hernandez's democratic rights by failing to allow her to discuss grievances regarding the Miller Park Project at general membership meetings; and, by dismissing general membership meetings while Hernandez was raising her hand to speak.
From on or about December 3, 1998 until the present, Officers of Local 113 violated their duty to protect Hernandez's democratic right to fully participate in union affairs by using fear, abuse, and intimidation against her at union meetings. Specifically, Hernandez alleges that, during union meetings, Officers of Local 113 singled her out as a troublemaker for exercising her right to file a complaint with the Office of the Inspector General; held her up to ridicule by other union members at general membership meetings; and, verbally attacked her.
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On or about November 13, 2000, Officers of Local 113 and Dewey Roberts (Roberts) blackballed Hernandez for exercising her right to file discrimination and safety complaints regarding the Miller Park Project. When Hernandez went to fill out a job application, Roberts told the potential employer, Stevens Construction, not to hire Hernandez because she was the troublemaker from the Miller Park Project. Roberts allegedly also told the Stevens Construction supervisor that the union told him to say that.
From on or about January 7, 2000 until October 5, October 5, 2000, Officers of Local 113 failed to adhere to Local 113's work referral rules, failed to post Hiring Hall rules, circumvented the out-of-work-list, and discriminated against Hernandez by failing to place her on the out-of-work-list. Specifically, Hernandez alleges that the Officers of Local 113 never activated an out-of-work-list until March 2000. At the time of her layoff on January 7, 2000, Hernandez signed an unemployment register to verify her unemployment. Hernandez was not placed on the out-of-work-list until June 2000.
From on or about 1992 until June 2000, Officers of Local 113 failed to provide
Hernandez with Job Referral Rules, including the amended rules of September 1996, and
Variances thereto; doctored evidence to hide Local 113's failure to comply with
LIUNA's Job Referral Rules; failed to implement Job Referral Rules until June 2000;
failed to mention or discuss changes and variances in Job Referral Rules at two
consecutive general membership meetings; and, illegally dispatched persons out of order
and persons not on the out-of-work-list.
On or about October 25, 2000, Fecteau deprived Hernandez of her democratic rights by circumventing her membership right to approve the Executive Board's decision to appoint Schmitt as interim Business Manager upon Fecteau's retirement.
On or about December 2000 and January 2001, Recording Secretary Schmitt failed to perform his duty to fairly and accurately record the general membership meeting minutes. In December 2000, Hernandez brought the membership's Miller Park shop steward suggestion to the floor, the suggestion was turned down, and was never recorded in the general membership minutes. In January 2001, Hernandez requested that all Local 113 members receive copies of the EPC, Collective Bargaining Agreement, and LIUNA Constitution. This request did not appear in the minutes of that general membership meeting.
From on or about January 1997 until January 7, 2000, Fecteau and Schmitt breached their duty to Hernandez by failing to enforce the Miller Park Project Agreement; allowing non-union contractors to work on the Miller Park Project in violation of the Miller Park Agreement; allowing non-dues paying union members to continue working on the Miller Park Project; and, by failing to sign non-union workers to the union.
On or about January 2001, Annis breached Hernandez's membership rights by
making slanderous statements against her to Local 113 member Ed Bizzak.
DATE:______________________
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