TIME ROLLS EVER SO SLOWLY BY…….

Blog #5 January 21, 2010




TIME ROLLS EVER SO SLOWLY BY…….



I have been asked many times “How long has this been going on?” Today, I will lay out the reasons for you to see and the facts to back up what I say as to why this Prate Installations and the Carpenters Union dispute has dragged on.

My issue with the union started in May 1998. My actual ‘”Most Favored Nations” grievance (MFN) started July 12, 2002. That was the day the Carpenters Union and Prate settled the “bogus” audit. Since that day I have sent numerous letters to Earl Oliver documenting piece work was rampant in the field. Earl responded by saying I wasn’t sending him anything specific, a B.S. stall tactic; which I later proved.

In a letter dated February 12, 2003 I finally and formally filed a grievance letter to the Carpenters Union. The union then commenced a stall tactic that delayed the actual start of the hearing until Spring of 2008. Just the undisputed fact that this union could put me off that long is wrong! In the CBA, we have to respond and jump through hoops anytime the union demands something from us, but why doesn’t it work the other way? Because they had previously gotten away with doing whatever the union management wanted to! Come next contract time, this needs to be addressed, the contract should be good both ways!

Enclosed are documents that clearly prove the union stalled Prate’s right to a grievance as long as possible. They ignored me and after numerous letters from me and my attorney, I finally said screw it and filed an “unfair labor practice” with the National Labor Relations Board (NLRB).

Since I had beaten the Carpenters Union at the NLRB in March of 2004, Case #13-CD-664, the Union, through their attorney, Travis Ketterman, asked if I would drop my charge if he agreed to go right to arbitration. I agreed and then, as documents show, the union and their attorneys then stalled again by not responding to my request for documents by subpoena. Again for the record, over five years since my demand for arbitration, I finally prevailed and we started the actual hearings in 2008. In my next blog I will tell you why I believe the Union did not want to respond to my subpoena and why they stalled answering my subpoena.

Documents posted with this blog:

1) My letter of February 12, 2003: My first formal certified letter notifying them of my grievance.

2) My attorney’s notice to union of my grievance after they ignored my letter of February 12, 2003.

3) My attorney’s letter to the union’s attorney, Travis Ketterman, questioning the stall tactics.

4) My letter to Earl Oliver, Union and Trust Funds President, putting him on notice of specific violations by the union even as they try to avoid my grievance demand.

5) Josh Holleb, my attorney, writing again to the NLRB about the continuing violation and vunion’s refusal per March 31, 2004 ruling by the NLRB in Prate’s favor.

6) Josh Holleb’s May 11, 2004 letter the NLRB again asking to file a charge (#7) to force the union to comply with our requests. NOTE: If we contractors stalled supplying information to the union like that, they would be all over us. This is 16 months after my first notice!

7) Actual charge to the NLRB.

7½) Package of documents to the NLRB with back up as to why we have to file a charge.

8) My letter to Earl Oliver, self explanatory.

9) My attorney’s letter to the NLRB withdrawing charge as union “promised to deliver all requested information” if I would drop charges. Notice the date!

9½) Basically the same as #9.

10) The Arbitrators reply to all about the union wanting to squash my subpoena after they agreed to total compliance if I dropped my NLRB unfair practice charge. James Martin allowed my subpoena.

11) Actual subpoena.

12) List of items requested in subpoena

13) Notice date November 2004 – self explanatory.

14) Union “lame” response to our #13. Note, they want to give me documents at time of hearing, or 1 week prior. They thought I was stupid……

15) Do not miss the date, May 30, 2007, still trying to force the union to produce documents. We need a penalty in the contract for conduct like this. As employers we would never have gotten a way with this conduct!

See the Documents here:  http://home.comcast.net/~carpenterwatch/BLOG5DOCS.pdf





I hope you have one major question, such as, why would the union stall this grievance for so long? I will answer that with the next posting.



Sincerely,

Michael A. Prate