SWEAT
Burning Lawyer Festval
"Burning Lawyer Festival" Roasts
Famous California Labor Attorney
By Frank McMurray
<sweat@sfo.com>
September 27, !998 San Francisco
Who is Victor Van Bourg?
To Sal Roselli, the powerful president of SEIU 250, this labor
lawyer is "a leader in the class struggle." To angry union
workers participating in "The First Annual Burning Lawyer Festival" on Treasure
Island in San Francisco he is a legal hit man, suppressing the rights of
union members for power hungry (or corrupt) labor bureaucrats.
Either way, Van Bourg is the most famous labor attorney in the
Northern California, representing a vast network of Union Locals, District Councils, Labor
Councils and union benefit funds, plus a couple of International Unions.
50 union members who showed up to demonstrate
against him at the entrance to Treasure Island last Thursday at 6pm handed out leaflets
denouncing Van Bourg as "trampling on union members rights while getting fat from
their dues money". Van Bourg was scheduled to appear at a dinner
that evening on the city owned island celebrating the 10th anniversary of Sal Roselli's
administration of SEIU local 250, one of the attorney's clients.
The press release for this anti-Van Bourg demonstration announced
it as the "First Annual Burning Lawyer Festival," and the demonstrators showed
up with a eight foot tall effigy of the attorney. While the grotesque figure was not set
afire at Thursday's demonstration, one participant (who declined to give
his name) said " we'll burn it in front of Victor's office"
Speaking from his Oakland office, Van Bourg
sounded shaken by the demonstration. "I regard burning an effigy as an act of
violence aimed at me" he declared.
The workers carrying picket signs in the cold wind represented a
cross section of the unions Van Bourg is counsel for , including Laborers, Carpenters,
members of SEIU 14 and SEIU 535, Operating Engineers, Painters, Pile Drivers, and members
of SEIU 250.
Joey Figueroa, doorman at a San Francisco condominium and Trustee
to SEIU Local 14's Pension and Welfare Trust Funds, said he has been fighting against
"corruption in Local 14 and Victor Van Bourg" for many years.
Pension and Welfare Trust Funds are responsible for money invested to pay union members
pensions and health benefits.
"Last year," Figueroa said, "a new trustee, Dick
Esler, was appointed to our Trust Funds by the employers , and he blew the whistle on the
leaders of Local 14 for illegally skimming money out of our funds." "Van Bourg," he said, "who has been legal counsel for the Funds for the
last 15 years." had done and said nothing about the skimming. Last June the Federal
Organized Crime Strike Force opened a criminal investigation of Local 14.
When the management trustee filed suit against
the local and two of it's leaders to recovery the skimmed money, Van Bourg went to court
to defend Local 14 against repaying money stolen from its members. "And,"
Figueroa concluded, sadly, "Van Bourg is still the lawyer for the funds as
well."
Local 14 is currently under trusteeship, run by
several appointed Deputy Trustees. One of those Trustees, Ben Monterroso, agreed that
there is a lawsuit against the local to recover money for the benefit funds that might
have been misused, and that Van Bourg was still attorney for the Local 14 and the trust
funds. "Van Bourg is always fair and represents the best interests of the
membership," Monterroso said.
Alex Corns is the Business Manager of Hod Carriers Local 36 (a
part of the Laborers Union) and a man who has watched Victor Van Bourg "for many
years.".
"Van Bourg is the attorney for the [Laborers
Union] District Council and for [Laborers] Local 67," Corns said during an interview.
"When Tony Garcia [Business Manager] of Local 67 was charged with corruption by the
union, Van Bourg defended him despite the obvious conflict of interest - he was
representing the union and this corrupt officer. Finally the Appellate Officer in charge,
Neil Eggleston ...ordered him to stop representing Garcia.
"The same thing happened" Corns continued, "when
the Secretary Treasurer of local 294, Larry Guinn, was charged with corruption and removed
...Eggleston had to force Van Bourg to stop representing Guinn while he was also counsel for the union.
"But when a crooked contractor didn't pay health benefits to
the Laborers who were removing asbestos at [San Francisco] City Hall, Van Bourg would not
do a thing...Even after Jerry Rodarte [Business Manager of Local 67] filed 6 grievances
for those workers, Van Bourg did nothing. And he is the attorney for Local 67 and for the
benefit Trust Fund. Van Bourg" said Corns, "is happy
representing corrupt union big shots, but he wouldn't left a finger for those asbestos
workers who were so badly exploited one guy had to quit... [and] go on welfare to get
coverage for his wife to have a baby. There was an article about it in the Bay
Guardian."
"On at least two occasion I know of," Corns said,
"Van Bourg intervened on behave of contractors who were not paying benefit for their
workers. And then at the library in Foster City, Van Bourg and the [Laborers] District
Council sided with a non-union contractor - Spray On Systems - against the local union
that was picketing the project to enforce the contract... Is that a union lawyer?"
When asked to comment about this and other issues the
demonstration had raised , Van Bourg said: "I will not discuss my clients or their
cases" Tim Saunders, Trustee of the California Association of
Interns and Residents (CAIR) says Van Bourg and his firm had used a series of lawsuits
against CAIR and some of its board members to "intimidate" them and "create
a kind of a hostile take over of CAIR" by SEIU Local 250.
According to Saunders, CAIR had united with Local 250 in 1996,
after carefully negotiating an affiliation agreement that gave the organization the right
to run its own affairs within Local 250 and the right to leave if the members
of CAIR were not happy with their treatment. The Interns and Residents say that 250 did
not live up to its promises, and when they attempted to leave, the Van Bourg firm
unleashed the lawsuits to hold them in 250 against their will.
"Our affiliation with L. 250 has turned into a horrible
nightmare" said Tammie Quest, MD, former President of CAIR. "SEIU 250 has
refused to recognize our CAIR Executive Board, attempted to steal our savings, refused to
follow through with promises in our Affiliation Agreement, [and] repeatedly sued our
Officers and our organization as a whole."
Sal Roselli, President of Local 250,
acknowledged that Van Bourg had filed several lawsuits against members of CAIR for his local, but said the issues are currently being negotiated. Roselli
said "Victor has been a leader in the class struggle for workers for decades and
we're very proud of him"
Will the Burning Lawyer Festival become an annual event in San
Francisco? "I sure hope so," said SEIU member Don Baldich. He looked up at the
effigy of Van Bourg, its suit flapping in the brisk wind off the bay. "maybe we could
have a contest...everyone could build a dummy of the lawyer they hate the most..."
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