Free Web Hosting Provider - Web Hosting - E-commerce - High Speed Internet - Free Web Page
Search the Web

C/O RS / Tanya Calloway

TO: Executive Board

5300 Baumhart Road

Lorain, Ohio 44053

 

March 24, 2000

Allen Nielsen

1841 Old State Road

Norwalk, Ohio 44857

Phone 419/663/2289

RE: Additional information to add to my letter of March 15, 2000, for consideration of request for Joint Funds and Financial information under UAW Ethical Practices Code.

Dear UAW 425 Executive Board:

Enclosed is a 5/27/95-newspaper article from, at that time, was written by newspaper labor, reporter John Lippert, who now works for the Bloomberg News in Dearborn, Michigan. This is a quite revealing news article on the UAW Company Joint Funds relationship, at that time, and what some of our overtime penalty money was and probably still is being used for. Right to disclosure of this information to the membership upon request under the UAW Constitution Code of Ethics, would give the membership a democratic right to make informed decisions on whether they want the money to be used for better wages, better level of retirement that other major Unions and our International are receiving, that no one really knew about, until a request of the DOL ERISA disclosed this information. The disclosure of the requested financial information on Joint Funds should have the same affect as the disclosure of the DOL ERISA information on what our International and other major Unions are receiving for retirement benefits.

In the Highlights of the 1995-1998 Agreement between the International Union and the Staff Council of International Representatives, (the Union within our Union); It states on page A-1, paragraph: The UAW is dedicated to maintaining the highest ethical, moral and democratic standards and is determined to remain eternally vigilant in keeping the UAW honest, clean and decent and free from the evils of both corruption and outside political ideology. In this effort, each of us as an International Officer, International Executive Board Member or International Representatives, must share in the responsibility and each of us must carry out respective duties in a manner consistent with these high standards.

On this basis and of our International Constitution and Ethical Practices Codes, the membership has a right to know these monies are not dissipated and are spent for proper purposes, and could be used for better wages and better retirement benefits for the membership.

Sincerely,

Allen Nielsen

 

 

March 15, 2000

Allen Nielsen / Member

UAW Local 425

1841 Old State Road

Norwalk., Ohio 44857

 

 

 

UAW Local 425

C/O RS / Tanya Calloway

TO: Executive Board

5300 Baumhart Road

Lorain, Ohio 44053

RE: Whether the International has a conflict of interest in their investments in their International Retirement Funds under UAW Ethical Practices Code. Refusal by International Union UAW. to disclose: Joint Funds Information, Staff and Staff Retirement Manuals, etc., under UAW Ethical Practices Code. Enclosed are the last year and a half of correspondence with the International and Public Review Board, in chronological order, on these issues.

Dear UAW Local 425 Executive Board:

I submit to the UAW Local 425 Executive Board, information, documentation and correspondence over the last year and a half, in my efforts to get the International and Public Review Board to address whether our International has a conflict of interest in their Retirement Fund Investments and Union members rights to financial information on how Union Funds are invested or used. The Public Review Board and International position is: These issues have to be put before the membership to secure membership approval to advance these issues. My position is the International Executive Board has a conflict of interest in their retirement benefit funds and have already taken a position of choosing to ignore answering letters on these matters. The Int. has been repeatedly asked if. "YES, they are in violation of Ethical Practices Codes (on their retirement investment funds) and they will doing this to correct it. NO, they are not in violation of Ethical Practices Codes and WHY. - No response back. The International is refusing to give me other information that I have requested.

SEE letters of October 4, 1999 and October 19, 1999. As the October 19, 1999 letter suggested, I did request permission of the Public Review Board to bypass the membership to address these requests. No answer after 5 months. The enclosed letter of February 28, 2000 does not acknowledge any standing on the appeal or request for this appeal to be directly heard by the Public Review Board.

The issue of financial disclosure is again clearly the right of any member in good standing under our Constitution and Federal law, to monitor the activities of the Union Leadership, to preclude self serving interests, conflict of interests, instances of breach of trust, disregard of the rights of individual employees and membership and other failures to observe high standards of responsibility and ethical conduct. To be able to do this, the membership has to have the right to Union financial information to be able to make informed decisions and not be led blindly.

We have a right to know how the money from our overtime penalty money / Joint Funds is being used. SEE enclosed October 2, 1999 letter and page 2 Resolution. Under our Constitution and the law, we have a right to know, disclosure of how the money from our overtime penalty is being used in Joint Funds and how this affects our jobs. SEE page 3 of this letter that shows Dec 31, 1994 DOL information, FORM 990-PF, PART VII, LINE 2, UAW-GM HUMAN RESOURCE CENTER use of Joint Funds, NASCAR expenditures. 3% of GM's Joint Funds (probably Ford and Chrysler also) fund NASCAR related activities. According to the Letters of Understanding, Joint Funds are supposed to be used for training and re-education of UAW workers. What does this NASCAR funding have to do with the intent and use of Joint Funds? If this is what 3% of our Joint Funds is being used for, what is the other 97% of our overtime penalty / Joint Funds money being used for? We have a right to know the financial disclosure of what our negotiated overtime penalty money is being used for to support Company Union programs and what affect this Company Union relationship is having on the Union membership. Unions are suppose to be about better working conditions, better wages, better benefits. This money would be a lot better used giving our Retirees the necessary level of retirement, so they could retire in dignity and not have to go back out and take a good paying job away from some young person. SEE pages 4 & 5 of this letter, June 25, 1999 letter to President Tim Rowe, Executive Board and Retiree Chairperson, Pete Pavlich addressing the impact and consequences to the community and younger people in the work force when UAW members not getting higher levels of Retirement, so they can retire in dignity, that other major Unions and our International get, have to go back out in the community and take a job away from a younger person. This violates the very premise of our International Constitution and a UAW that was built on Social responsibility.

We have a right to know under our International Constitution, Ethical Practices Codes, Financial practices: to be reasonably informed as to how Union funds are invested or used. The 1959 Labor Management Act under Federal law provides the right to financial disclosure of what our dues money is being used for, as membership dues pays for International wages and benefits. At the end of this 2 1/2 inch pile of correspondence is an 8 page and 4 page informational handouts and 35 pages of information I got from the Department of Labor on what our International and other major Unions are receiving for retirement benefits. Our International refused to give up a lot of this information. If the membership is informed on what our. International and what other major Unions are receiving for retirement benefits, we should have reasonable expectations that our International negotiate for the membership the same proportional level of benefits they and other major unions are receiving of over $3,000 a month with Social Security and COLA on top of that. According to information from the DOL, our International has been receiving COLA on their pensions since 1976 and have received over a 500% increase in their retirement benefits and COLA on pensions while UAW Retirees that retired back in the 70's, 80's are receiving $500-700 a month, since they do not have COLA on their pensions.

I am asking the UAW Local 425 Executive Board to review this information, determine if you feel their are questionable investments in the International Retirement Funds and the membership's rights to information on Joint Funds, request for Staff Manuals and Retirement Staff Manuals and other requested information in this enclosed correspondence. I believe the UAW Local 425 Executive Board has the right to advance these issues to our International on my behalf If the UAW Local 425 Executive Board feels this is a membership issue, to put this issue before the membership at the next Union Meeting to secure membership approval to advance these issues, as the membership, not only has a right to this information to be able to make informed decisions in the best interest of the membership, has a duty and obligation to maintain the highest standards of responsibility and ethical conduct in the affairs of their UAW organization.

Sincerely,

Allen Nielsen

 

 

 

August 1, 1999

Allen Nielsen / Member

UAW Local 425

1841 Old State Road

Norwalk, Ohio 44857

Phone 419/663/2289

 

 

 

Public Review Board

Solidarity House

8000 East Jefferson Ave.

Detroit, Michigan 48214

Dear Public Review Board:

I would like to submit additional consideration to the last page, last paragraph, "Final basis of Appeal." The January 8, 1999 letter that I sent to Mr. Ron Gettelfinger, SEE enclosure and attachment on "Bolsheviks in UAW Boardroom?", IN YELLOW. This came from a UAW Public Review Board decision, Gary Brant / International Representative / Region 2 UAW (Cleveland) vs. UAW International Union, Case No. 787 11, issued April 22,1988. The Public Review Board in making a decision on the case points out, "We cannot ignore the fact that the UAW is now and has been for over 20 years, a one-party institution not in all respects unlike that found in many national governments in which a single political party controls the government, and the officials who formally make and administer the laws pursuant to which the country is governed are selected wholly by that party." As I pointed out, it goes on in the remainder of this paragraph supporting this one-handedness. From here, go to the December 14, 1998 letter that I sent Mr. Ruben Burks, second page, second paragraph, circled in red. This whole paragraph circled in red needs read, but the focal point of the paragraph is at the end of the paragraph, IN YELLOW. "It is quite telling, in the final paragraph and summary of the Staff Council PREAMBLE TO THE CONSTITUTION AND BYLAWS OF THE UAW STAFF COUNCIL, states: "The UAW Staff Council further pledges itself to work positively toward the establishment of a more effective organization through which to attain its goals. (Note, its goals.) With divine guidance, grateful respect for the traditions of the past, and confident of meeting the challenge of the future, let it be proclaimed that the following will be the Constitution and Bylaws of the UAW Staff Council."

The only way that it can be determined whether the International Union, UAW has lost sight of what this Union is about, shrouded in its own secrecy, is to give up this information to the UAW member or membership requesting this information and let them decide through our Democratic process whether Democratic changes need to be made. Our membership did not know that the International Union, UAW and Staff Council had been receiving COLA on their Pensions since 1976, until a couple years ago. I would say our Retirees would be receiving COLA on their Pensions by now, if the membership had known this. Unions are suppose to be about equality.

Sincerely, Allen Nielsen

 

FORM 990-PF, PART VII, LINE 2

UAW-GM HUMAN RESOURCE CENTER

Year Ended December') 1, 1994 38-2533493

In the calendar year ended December 31, 1994, the UAW-GM Human Resource Center (HRC) undertook an initiative to promote UAW-GM people and pride. This initiative, called the Team Motorsports program, included sponsoring a NASCAR stock car race, funding a NASCAR special awards program, and exhibiting at various NASCAR races and events. The aggregate cost of the Team Motorsports program was approximately three (3) percent of the total expenditures made by the HRC during 1994.

The Team Motorsports program was created to promote the spirit of cooperation and teamwork between the UAW and General Motors, as embodied in the Joint training, education, and "people programs" of the UAW-GM Human Resource Center. The goal is to demonstrate the effectiveness of these HRC programs and the UAW-GM partnership in improving the quality and competitiveness of the UAW-GM workforce.

TH:lm/opeiu5122aflcio/motorspo/thOO2.doc

 

UAW ETHICAL PRACTICES CODES

Democratic Practices

The UAW is proud of its democratic heritage. Its Constitution is carefully designed to insure each member her/his full democratic right, both as an individual and through her/his elected representatives, to express her/himself freely and to participate at all levels in the decisions governing the Union. Moreover, individual rights as a UAW member are protected against infringement or abuse, for a member may appeal complaints concerning the administration of the Union, to the Local Union, the International Executive Board and the Constitutional Convention; and has the right to submit her/his appeal to the UAW Public Review Board, comprised of citizens with national reputations outside the labor movement, whose decisions are final and binding.

The democratic principles which have always governed the International Union, UAW, and its Local Unions are:

1. Each member shall be entitled to a full share in Union self-government. Each member shall have full freedom of speech and the right to participate in the democratic decisions of the Union. Subject to reasonable rules and regulations, each member shall have the right to run for office, to nominate and to vote in free, fair and honest elections. In a democratic union, as in a democratic society every member has certain rights but s/he also must accept certain corresponding obligations. Each member shall have the right freely to criticize the policies and personalities of Union officials; however, this does not include the right to undermine the Union as an institution; to vilify other members of the Union and its elected officials or to carry on activities with complete disregard of the rights of other members and the interests of the Union; to subvert the Union in collective bargaining or to advocate or engage in dual unionism.

2. Membership meetings shall behold regularly, with proper notice of time and place and shall be conducted in an atmosphere of fairness.

3. All Union rules and laws must be fairly and uniformly applied and disciplinary procedures, including adequate notice, full rights of the accused and the right to appeal, shall be fair and afford full due process to each member.

140

4. Each Local Union shall maintain adequate safe guards so that all of its operations shall be conducted in a democratic and fair manner. No corruption, discrimination or anti-democratic procedure shall ever be permitted under any circumstances.

Financial Practices

Union funds are held in sacred trust for the benefit of the membership. The membership is entitled to assurance that Union funds are not dissipated and are spent for proper purposes. The membership is also entitled to be reasonably informed as to how Union funds are invested or used.

1. The International Union and its Local Unions shall conduct their proprietary functions, including al) contracts for purchase or sale or for rendering housekeeping services in accordance with the practice of wellrun institutions, including the securing of competitive bids for major contracts.

2. The International Union and its Local Unions shall not permit any of their funds to be invested in a manner, which results in the personal profit or advantage of any officer or representative of the Union.

3. There shall be no contracts of purchase or sale or for rendering services, which will result in the personal profit or advantage of any officer or representative of the Union. Nor shall any officer, representative or employee of the International Union or any Local Union accept personal profit or special advantage from a business with which the Union bargains collectively.

4. Neither the International Union nor any of its Local Unions shall make loans to its officers, representatives, employees or members, or members of their families, for the purpose of financing the private business of such persons.

Health Welfare and Retirement Funds

1. No official, representative or employee of the International Union or a Local Union shall receive fees or salaries of any kind from a fund established for the provision of health, welfare or retirement benefits, except for reasonable reimbursement provided for in a collective bargaining agreement and expressly approved by the International Executive Board.

2. N6 official, employee or other person acting as agent or representative of the International Union or a Local Union, who exercises responsibilities or influence in the administration of health, welfare and retirement programs or the placement of insurance contracts,

141

 

shall have any compromising personal ties, direct or indirect, with outside agencies such as insurance carriers, brokers, or consultants doing business with the health, welfare and retirement plans.

3. Complete records of the financial operations of all UAW health, welfare and retirement funds and programs shall be maintained in accordance with the best accounting practice. Each such fund shall be audited regularly.

4. All such audit reports shall be available to the members of the Union covered by the fund.

5. The trustees or administrators of such funds shall make a full disclosure and report to the members covered by the fund at least once each year.

Business and Financial Activities

Of Union Officials

Any person, who represents the UAW and its members, whether elected or appointed, has a sacred trust to serve the best interests of the members and their families. Therefore, every officer and representative must avoid any outside transaction, which even gives the appearance of a conflict of interest. The special fiduciary nature of Union office requires the highest loyalty to the duties of the office.

1. The mailing lists of the Union are valuable assets, in order to protect the interests of our entire membership, Union officers and representatives shall not, under any circumstances, turn over a Union mailing list to an outsider for use in the promotion or sale of any goods or services that benefit an individual or a private concern. Mailing lists are to be used only to promote the necessary legitimate functions of the Local Union and for no other purpose. It is improper for any official or representative of either the International Union or Local Union to permit the use 6f any mailing list by any third party to promote the sale of furniture, appliances, automobiles, insurance, eyeglasses or any other item, or to enable professionals to solicit the membership.

2. No officer or representative shall have a personal financial interest which conflicts with her/his Union duties.

3. No officer or representative shall have any substantial financial interest (even in the publicly-traded, widely held stock of a corporation except for stockpurchase plans, profit sharing or nominal amounts of such stock), in any business with which the UAW bargains. An officer or representative shall not have any substantial interest in a business with which the UAW bargains collectively.

4. No officer or representative shall accept "kickback, under-the-table payments, valuable gifts, lavish entertainment or any personal payment of any kind, other than regular pay and benefits for work performed as an employee of an employer with which the Union bargains or from a business or professional enterprise with which the Union does business.

5. The principles of this Code, of course, apply to investments and activities of third parties, where they amount to a subterfuge to conceal the financial interests of such officials or representatives.

 

142/143

 

U.A.W. International Union

December 31. 1996

Form LM-2

File #000-149

Item 13

The following items were scrapped:

Quantity Item

11,000 Guide Local Union Ret Worker By Laws 81-93

20,000 Local Union Order Forms

134,400 Making America Work-It's Our Job-Auto

22.400 Making America Work-It's Our Job Public

30.400 Making America Work-It's Our Job General

22.400 Making Amer. Work-It's Our Job aerospace

30 The UAW - A Union That Gives Service

2,600 '96 Natl. Chrysler Cncl Cntr Prop P&M Part

3,840 Chrysler P & M Agreement

723 Chrysler Pension Agreement

172 Letters. Memoranda and Agreements

1,004 1993 UAW/GM Contract - Contract - Binder

126 1993 UAW/GM Contract-Hlth Care Prg EX C&B

125 1993 UAW/GM Contract Books - EX E.F.G.1

125 1993 UAW/GM Contract Books - EX D & A

248 1993 UAW/GM Contract-Proposed Resolutions

10.350 Building Community Through Good Govt.

5.200 You're Kidding Yourself

5.250 Dir. & Guide for State Absentee Vote Law

2.000 Want to Change Things in Washington?

109.200 I've Signed Up for V-CAP Stickers

Write now or forever Hold Your Peace

9.600 V-CAP Check-off Booklet

8.100 How to Make it Happen

18.700 Sign up for V-CAP Check-off Today

6.000 Register and Vote Posters

36.000 Legislation & UAW-Responding to the Call

1.950 Summary of UAW Natl. CAP Admin.Structure

4,350 Roll Call-103rd Congress Vote Record 1994

3,175 Building Community Through Good Govt.

1,500 Folder

4,100 Black Lake Booklet

5.400 Walter & Mae Reuther Family Ed Prgm Flyer

4,500 An Informed Public

300 UAW International Rep Manual and Binder

180 UAW Retiree Staff Manual

210.000 1995 V-CAP Tickets

11.000 Guide to Local Union Ret Worker Ch By Laws

210,000 1995 V-CAP tickets

1 Xerox copier serial #1719-346762

2 UNIVAC Code 1900 keyboards and monitors

1 Hewlett Packard Laser Jet Printer 3371A

TV-VCR Unit

 

New page

The UAW-Staff Council Agreement, the Staff Manual and the benefit books will be updated and printed as soon as possible, but in no event later than 180 days after the convention is adjourned.

- A Section 125 Salary Reduction Arrangement will be provided allowing staff to use pre-tax dollars to pay for dependant care.

- Computers and related training will be provided where the International Union deems them to be necessary.

Effective Dates

Except as indicated otherwise, the effective dates for all wage and benefit improvements is May 28,1995.

International Union Coradtler,

Staff Council Committee

Rick Martinez, President,

Jerry Fisher, Vice President

John Truiffa, Secretary-Treasurer

Stan Marshall

Dick Shoemaker

Gary Bryner

Tom Fricano

Ernie Lofton

Paul Massaron

Frank Musick

Bill Stewart

Roy Wyse

Top committee Members

Larry Cerra

John Coyne

Ruth Jernigan

Mark Hardesty

Rich Stalinski

Bill Terrell

Charlie Stewart

opelu494afl-cio

 

 

 

July 30, 1999

Allen Nielsen / Member

UAW Local 425

1841 Old State Road

Norwalk, Ohio 44857

Phone 419/663/2289

Public Review Board

Solidarity House

8000 East Jefferson Ave.

Detroit, Michigan 48214

RE: Separate Appeals of my right, as a dues paying UAW member in good standing, to copies of the International Union, UAW Staff Manual and full disclosure of all UAW Joint Programs and Funds between the International Union, UAW, Ford, GM and Chrysler, now Chrysler Daimler.

.Dear Public Review Board:

Enclosed are copies of correspondence from August 3, 1998 and July 2, 1999, between myself, Mr. Ruben Burks, Secretary-Treasurer of the International Union, UAW, International Union President, Mr. Steven Yokich, requesting and addressing my right to a current copy of entire International Union, UAW Staff Manual and request for full disclosure of all UAW Joint Programs and Funds between the International Union, UAW and Auto Companies.

Mr. Ruben Burks, Secretary-Treasurer of the International Union, UAW, stated a very clear position in his letter of July 2, 1999, that my request for the entire Staff Manual would be declined. The basis of this letter leaves no doubt this letter was sent with the full knowledge of the International Executive Board. I am within my rights to file an appeal to the Public Review Board at this time requesting the Staff Manual and full disclosure of all UAW Joint Programs and Funds

Letter of August 3, 1998. Under the Labor-Management Reporting and Disclosure Act of 1959, As Amended, I have a right to this information. I am your employer. my and the membership's union dues pay for some of your wages. As stated in the final paragraph of the August 3, 1998 letter, "How much of the wages and benefits of the Staff Council is being paid out of the UAW -Joint funds?" The LMRDA of 1959 clearly states, (Marked in YELLOW in the enclosed letter) 11 .... to forward a copy of each collective bargaining agreement made by such labor organization with any employer to any employee who requests such a copy and whose rights as such employee are directly affected by such agreement, and in the case of a labor organization other than a local labor organization, to forward a copy of any such agreement to each constituent unit which. has members directly affected by such agreement; .....

 

Mr. Burks response in his letter of September 29, 1998, states: Nevertheless, this labor agreement is bargained at arms length, is no secret On this basis, I want the entire Staff Manual. The argument of this labor agreement being bargained at arms length, is no secret and the UAW membership is your employer is advanced in the enclosed letter of-October 22, 1998.

Page 2 of the letter of December 14, 1998 (INYELLOW), brings up the question of: "Nevertheless, this labor agreement is bargained at arms length "OK. The LM-2 report that you sent me, filed 3.12/98, 1997 report,

shows that two people listed on the LM-2 report, belonging to the Staff Council, are on the Bargain Unit of the International Union, UAW.

Explain to me, how this can be, if negotiations are suppose to be at arms length between the UAW Staff Council and the UAW International?

The Information that I have gotten from the Department of Labor and some information that I have reluctantly gotten from the International, shows what phenomenal Retirement benefits and COLA on Pension our International Union, UAW and Staff Council have been receiving have been receiving since 1976. We have a right to know and we have a right to expect the International to negotiate for us and our Retirees, the same comparable Retirement Benefits our International Union, UAW and Staff Council receive and enjoy. Our Retirees, at the current rate of inflation, lose over 1/2 of their purchasing power in 13 years. The lump sum payments don't even come close to what the yearly readjustment of COLA does. Most major Unions are receiving $3000 a month retirement in comparison to our $1177.50-$1200 a month retirement. The Companies have the money. We do not have One Person, One Vote to make our Union Leadership responsive to what the membership and our Retirees have repeatedly told our Union Leadership, retirement benefits and COLA on Pensions is the #1 priority negotiating issue. Job security as the #1 negotiation issue by the International is interesting in the face of, it is basically a non-economic issue and as stated by (SEE January 8, 1999 letter to Mr. Ron Gettelfinger, enclosure to that letter, UAW FORD COUNCIL RECEIVES WAKE-UP CALL. (IN YELLOW) "Brother King explained the futility of bargaining for great contracts only to have those jobs outsourced or moved overseas, as is happening at GM .........

Supreme Court cites (enclosed) (IN YELLOW) show that I have a right to the information that I am requesting.

Final basis of Appeal. UAW ETHICAL PRACTICES CODES. Democratic Practices section and Business and Financial Activities of Union Officials. This request for the Staff Manual and UAW Joint Funds information constitutes checks and balances. The membership as the highest authority has the right to this information to determine if the International Union, UAW has been acting in their best interest and whether these relationships need addressed, discussed, and possibly amended at the next Constitution Convention.

Sincerely, Allen Nielsen, Member of UAW Local 425, in good standing.