June 21, 2005

 

Certified Letter No. 70023150000354992268

 

IUOE Local 18 ~ District 6

Steve DiLoreto ~ District Representative

1707 Triplett Blvd.

Akron, Ohio 44306

 

Dear Sir and Brother,

 

This letter is in objection to the reading and approval, on June 13, 2005, of the District 6 Advisory Board Minutes of June 6, 2005 as well as the reading and approval in February of the minutes of State Union Meeting of January 9, 2005.

 

As a long time Advisory Board member I was present at the meeting on June 6, 2005. Two item discussed were not included in the minutes. I will address each.

 

First, a permit person, Bob Welling who is presently working at Edw. C. Levy, was requested to appear before the Board, by Agent Bill Larrick, for disciplinary measures.

 

After you informed the Board of the charges, Bill Larrick and Levy’s steward, Duane Steed, added relevant information. Bob was then brought before the Board and emphatically denied the charges. After the members of the Board had completed their inquiries Bob was asked to leave the room. After hearing from Bill Larrick, the steward, and several Board members who had knowledge of Mr. Welling’s employment at Levy, the Board concluded that they did not believe Mr. Welling’s story and went into lengthy discussions as to what action should be taken with the main focus of being able to purchase his book.

 

Usual procedure to buy your book is to complete 52 working weeks as a permit hand (Mr. Welling had about 20 weeks at that time). However, Satellite Agreements usually by-pass this requirement and Levy, being one of these agreements, states that books can be purchased after 45 working days for the company.

 

The Board, without one objection, came up with three directives:

1.     Mr. Welling will not be permitted to buy his book at this time and must complete the normal 52 weeks unless at a later time, he comes back before the Board and asks the Board to reconsider their decision.

2.     Mr. Welling is required to attend at least 6 of the next 12 union meetings

3.     Mr. Welling is to attend the next Labor History Class

 

This first directive was discussed at length and I stated that I would make the motion as to the decision of the Board. You said a motion was not necessary it would be in the minutes which were taken by Secretary David Kline. I believed you.

 

Then, at the Regular District Meeting on June 13, 2005, the minutes of the Advisory Board Meeting of June 6, 2005 were read. You immediately asked for approval of the minutes without asking for corrections. I immediately objected and stated that I had a correction. The minutes that were read only stated the second and third directive of the Board. I stated that the Board also directed that Mr. Welling be prohibited from purchasing his book per item #1 above. Your reply was “I don’t think so”. I stated that all those Board members who were present will agree with me and there was no objection to my correction of the minutes. You continued and said there was no motion made to that effect. I stated that I had asked for a motion which you said was not necessary. Furthermore, you had included the other two directives in the minutes. You then proceeded to ask for approval of the minutes and I asked if the minutes were going to be amended and you said you would note it. I might add that all of this took place with the President of Local 18, Kenneth Triplett, in attendance and with no objection from him as to parliamentary procedure.

 

I have one additional question that concerns Mr. Welling. I would like an explanation, with documentation, on how Mr. Welling was dispatched to Edw. C. Levy in April when he was on permit. There were literally hundreds ahead of him with the same qualifications on their ticket. I have heard that Mr. Welling and his family are personal friends of yours, which if true, could explain the dispatch as well as the alteration of the minutes.

 

Second, at the Advisory Board meeting on June 6, 2005, I asked how a Satellite Agreement could be extended without the approval of members working under that agreement. Your response was that their negotiators (Linda Wyatt) mother had passed away and she had asked for an extension and out of compassion you agreed. What date did her mother pass away and did you take into consideration that she was also negotiating an agreement at the Indiana Levy Company who were on strike? Were you showing solidarity for our union brothers in Indiana? Could she afford to have Levy Ohio go on strike because she couldn’t man both locations non union or for that matter negotiate two contracts at a time? I personally have dealt with Linda Wyatt and she is obviously a much shrewder negotiator than those who represent the union members at Levy! Furthermore, Timken is making money and would not be pleased with a strike, so this would be the best time in the world to negotiate a contract that would benefit our members!

 

But more importantly, you did not even have the decency or respect for your brother operators, who work under the contract and entrusted you with their bargaining rights, to even inform, let alone ask permission to, extend the contract. Your response, they gave you their bargaining rights so you didn’t have to ask them or even inform them! Were you within your legal rights? Possibly. Were you within your moral rights? I don’t think so! So does that mean that you can approve a new contract without their approval?

 

The Advisory Board minutes did not reflect either issue I am addressing. Why take minutes if what happened at the meeting was not documented accurately? Because I have always done my job as an Advisory Board member who represents the members, by asking questions and correcting minutes, is that one of the reasons why I was not asked to  run, for a 4th term, on the current slate?  Floyd Jeffries stated that there has never been any retaliation in Local 18, I beg to differ!

 

I would also like to know how the minutes of the Advisory Board meeting can be approved by the general membership (who was not even present at the Advisory Board meeting) BEFORE the Advisory Board even approved the minutes?

 

I attended the Old Washington informational meeting on June 20, 2005 and listened once more as the minutes of the Advisory Board meeting of June 6, 2005 were read. They had not been amended as I had requested at the Regular membership meeting of June 13, 2005. I once again objected and was told that it would be addressed at the next Advisory Board meeting.

 

This is the second time this year that you have violated parliamentary procedure in a meeting you were chairing. At the reading of the minutes of the last State Union Meeting that was held on January 9, 2005, I made a correction to the minutes. To refresh your memory, I had made a motion at the State Meeting and it was seconded by Executive Board Member, Pamela Reid Holbrook. The minutes that were read stated that only a motion was made and did not include the information that there had been a second of that motion. I corrected that in the minutes and you said it would be noted and corrected.

 

These are direct violations of Local 18 By-Laws, Article XL, page 52 that states that Roberts Rules of Order shall be the parliamentary authority. Chapter 2, Article C, Item 1, (page14) of Roberts Rules of Order states when the secretary has read the minutes, the chair says “are there any corrections to the minutes?” Normally, corrections are made without objection, but if there is a dispute there can be a debate and a vote on the proposed correction. Thereafter, the chair says, “If there are no (further) objections, the minutes are approved. Only after the minutes of the meeting are approved in this way do they become the official record of what happened.

 

There was no dispute by those members present, including the agents, to my corrections of the Advisory Board minutes of June 6, 2005 or the State Union Meeting minutes, of January 9, 2005! Therefore I am asking for a copy of the hand written minutes of the Advisory Board meeting signed by Secretary Dave Kline. I feel Mr. Kline is a man of integrity and the minutes were not transcribed according to what he wrote or he was told not to include Item #1 in the minutes. I am also requesting a copy of the minutes of the Advisory Board meeting that were read at the General Membership meeting, and a copy of the amended minutes and I would like a copy of the amended minutes of the State Membership Meeting of January 9, 2005. I further request that all amended minutes be read at the next regular meetings of the Advisory Board and Regular Membership Meeting and all satellite meetings.

 

In closing, I am requesting that this letter be read at the next Advisory Board and Regular membership meetings.

 

 

Fraternally,

 

___________________

Patricia A. Kohl

Advisory Board Member ~ District 6

Register # 2131891

 

cc:      Patrick L. Sink

          Kenneth M. Triplett

          David Kline

          Duane Steed