Monday, January 11, 2010

More Examples Of What Goes On With YOUR Union

Blog #4 January 5, 2010



Dear Carpenters Union Members,

What I am going to show you today is just one example of dozens of documented instances where literally millions and millions of dollars of your pension fund dollars knowingly went uncollected by your union. If the union had no knowledge of monies due, then I would understand, but your union knew about these cases and chose not to collect! Why? Send a certified letter to Frank Libby and ask him why?

Mr. Frank Libby

Chicago Regional Council of Carpenters

12 East Erie Street

Chicago, IL 60611-2796

Phone: 312-787-3076



You can also contact the union’s attorneys and ask them why. You can reach them at

Whitfield, McGann & Ketterman

111 East Wacker Drive, Suite 2600

Chicago, IL 60601

Phone: 312-251-9700



You can also contact the Funds Administrator at and ask her why.

Kristina Guastaferri

Chicago Regional Council of Carpenters

12 East Erie Street

Chicago, IL 60611-2796

Phone: 312-787-3076



Back to this case in specific. In 2003, I had two carpenter union members come in and apply for work at Prate. Manuel Estrella and Lencil Sanchez filled out all the proper paper work Prate requires per federal and state guidelines. On Prate’s employment application we are very specific about past employment history and what and how your previous pay was. Both of these union carpenters had put down on the applications that KAP Roofing was one of their prior employers. Both men listed “piece work” as to how they were paid. Upon receiving this information, my Human Resources person brought it to me. I personally met with both men and discussed their work history, including pay. Once these men realized that they had not been paid properly, they asked what they could do and would I help. I gave them Tom Shipley’s phone number from Local 1307 at the Carpenters Union and told the men they should take their well documented evidence to Tom and see what he would do. This all happened on 05/02/03, Guess what, 4 years later these men still had not received proper wages or pension credits (Document #6). How does this contribute to the pension dollars I am talking about that the union knowingly did not collect? Keep following…..

On September 30, 2008, Case Number 08-C-4064 was filed by the Carpenters Pension Fund against KAP Roofing (Document #7). The charge was $689,099.73 for the period of audit of January 2005 through December 2007. Please note a very pertinent issue, what about all the years prior the January 2005 that I had notified the union they were being cheated? Could the $959,076.36 been double that amount? The union, in the suite, claims it will be ready for the trial on or after January 17, 2009. Note the attorney, Travis Ketterman, their same union attorney in Prates Most Favored Nations case!

Now go to Document #8. This also is a court order in regards to the union and KAP Roofing. Read specifically the underlined parts! Guess what union members, you got screwed again! Case “dismissed” because KAP went out of business! How much did this company truly owe the funds we will never know? What we do know is that if the union had been doing its job since 2002, which is to enforce its contract unilaterally, these huge dollar amounts would have been collected and allocated to these men’s pension. Now, the rest of us signatory employers have to pay for the union’s breach of fiduciary in this case. There are many more like this. I can show you if you would like, let me know.

Enjoy the read, contact the people listed and let them know you are concerned about your pension and what the union is doing to protect your interests You can also call or write Eugene Wachtel, the attorney for the Employers Trustees, (their job is to protect your pension and monitor the unions compliance). You can reach Eugene Wachtel at:

Eugene H. Wachtel

c/o Lord Bissel Brook LLP

111 South Wacker Drive

Chicago, IL 60606-4410

312-896-6258



I have enclosed 8 documents to back up my allegations:

1. Prate controller writing to Pension Fund compliance person. Note that Doug Kaeser wrote this because at the time, I had a hard time being civil with anyone from the union!

2. Pension Fund letter to Manuel Estrella telling him the last contribution to his pension was in March of 2003 and none since.

3. Copy of letter from Manuel to President of Union, Earl Oliver, making the President of the Union and head of the Trust Funds personally aware of how he (and all of you union members) had been cheated.

4. Another letter from Doug Kaeser of Prate still trying to help these men get proper wages and benefits. Is that not the union’s job?

5. Another notice to union by Prate, note that the union’s attorneys were also aware in July of 2003 of delinquent wages and benefits.

6. Letter to Arbitrator Martin in my Most Favored Nations Case from Manuel Estrella when he was supposed to testify, notice the date!

7. Pension Funds suit against KAP Roofing.

8. Pension Fund and Court dismiss suite.

Click here to view the case documents http://home.comcast.net/~carpenterwatch/BLOG4DOCS.pdf




So union members, the documents clearly show that Earl Oliver, President of the Union and Head of the Trust Funds; Tom Shipley from Local 1307; Travis Ketterman, the Union’s Attorney; John Jaeger, the Funds Compliance Officer; Harold Boswell, Funds Employee; James Rosemeyer, Fund Collector, and Sergio Garcia, Local 1307 Business Agent, all knew these men were being cheated by KAP Roofing and to this day, did not correct the wrongs they were aware of!

P.S. What do you think would have happened if the employer was Prate!



Respectfully submitted,



Michael A. Prate

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