From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
UFCW Local 8's Flawed Notice of Nominations
On June 23, 2008 I mailed by "certified mail" an objection letter to president Jacques Loveall of UFCW Local 8. The letter was objecting what I saw to be a "flawed Notice of Nominations". I also mailed UFCW IU president Joseph Hansen a objection letter asking him to intervene.
Below is my objection letter to Local 8's president Jacques Loveall.
President Jacques Loveall
UFCW Local 8-Golden State
2200 Professional Drive
Roseville, Ca 95661
Dear President Loveall:
It has come to our attention that UFCW Local 8 intends to hold an election of officers. Several members of Local 8, including myself, plan to become candidates in this election.
As such, we strenuously object to the flawed "Notice of Nominations" disseminated by Local 8. The "Notice" is inadequate under Local bylaws, the UFCW International Constitution [Article 35, Section (b)] and LMRDA/OLMS regulations.
(1) It is quite evident that the "Voice of Action" newsletter which included the required "Notice of Nominations" has not been mailed to nor received by much of our membership, as is required by UFCW and OLMS rules for a proper election process. Many members, including myself, have yet to receive a copy of the newsletter including the "Notice of Nominations". This failure on the part of Local 8 makes a fair and open election impossible and open to challenge.
(2) UFCW Local 8 has apparently engaged in deceptive practices regarding this newsletter and "Notice of Nominations", either by faulty execution or by intent. There are, in fact, two distinct versions of the newsletter, each identified as "Volume 22, Number 3" which have been mailed to some, not all, members. One includes the "Notice of Nominations", albeit indexed in minute and nearly imperceptible form on the second page; one version does not include the required "Notice".
UFCW Local 8 should revise its original plans for an election and reinstitute a proper election process in accordance with all the requirements of Local bylaws, the UFCW Constitution and LMRDA/OLMS regulations, including a proper "Notice of Nominations" mailed to all members of the Local.
It has also come to our attention that the nomination process as specified may include a requirement that members include their Social Security numbers on said petition for nomination, presumably for identification purposes. We strongly object to this requirement: (1) it is not required by the Local bylaws, the International Constitution or LMRDA/OLMS regulations; (2) the public dissemination of Social Security numbers poses a potential for identity theft; (3) understandably, members may not wish to risk such theft and, hence, be unwilling to sign a candidate's petition with such a requirement; nor should they be required to do so; (4) incumbent candidates already have access to such Social Security information which gives them an unfair advantage in the petition process viz. any challenging candidates, i.e. Local data bases, route books, etc.; (5) there exist effective alternatives to identifying eligible signatories which do not involve their Social Security numbers. In short, the requirement to list Social Security numbers puts members at considerable and unnecessary risk, gives unfair and undemocratic advantage to incumbents and should, in consequence, be abolished as a condition of nomination.
Thank you for your time and consideration President Loveall as I will eagerly await your expeditious written response.
Fraternally
UFCW Local 8-GS Member
Scott Schroeder
cc:
UFCW International President
Mr. Joseph T. Hansen
1775 K Street NW
Washington, DC 20006
The Honorable Elaine L. Chao
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington D.C. 20210
U.S. Department of Justice
Attorney General Michael B. Mukasey
950 Pennsylvania Avenue N.W.
Washington D.C. 20530-0001
U.S. Attorney, Northern District/California
Mr. Joseph P. Russoniello
450 Golden Gate Avenue Box 36055
San Francisco CA 94102
To read more about the flawed Notice of Nominations please visit: http://forums.uncharted.ca/about1209-15.html
or http://forums.uncharted.ca/about1209.html
President Jacques Loveall
UFCW Local 8-Golden State
2200 Professional Drive
Roseville, Ca 95661
Dear President Loveall:
It has come to our attention that UFCW Local 8 intends to hold an election of officers. Several members of Local 8, including myself, plan to become candidates in this election.
As such, we strenuously object to the flawed "Notice of Nominations" disseminated by Local 8. The "Notice" is inadequate under Local bylaws, the UFCW International Constitution [Article 35, Section (b)] and LMRDA/OLMS regulations.
(1) It is quite evident that the "Voice of Action" newsletter which included the required "Notice of Nominations" has not been mailed to nor received by much of our membership, as is required by UFCW and OLMS rules for a proper election process. Many members, including myself, have yet to receive a copy of the newsletter including the "Notice of Nominations". This failure on the part of Local 8 makes a fair and open election impossible and open to challenge.
(2) UFCW Local 8 has apparently engaged in deceptive practices regarding this newsletter and "Notice of Nominations", either by faulty execution or by intent. There are, in fact, two distinct versions of the newsletter, each identified as "Volume 22, Number 3" which have been mailed to some, not all, members. One includes the "Notice of Nominations", albeit indexed in minute and nearly imperceptible form on the second page; one version does not include the required "Notice".
UFCW Local 8 should revise its original plans for an election and reinstitute a proper election process in accordance with all the requirements of Local bylaws, the UFCW Constitution and LMRDA/OLMS regulations, including a proper "Notice of Nominations" mailed to all members of the Local.
It has also come to our attention that the nomination process as specified may include a requirement that members include their Social Security numbers on said petition for nomination, presumably for identification purposes. We strongly object to this requirement: (1) it is not required by the Local bylaws, the International Constitution or LMRDA/OLMS regulations; (2) the public dissemination of Social Security numbers poses a potential for identity theft; (3) understandably, members may not wish to risk such theft and, hence, be unwilling to sign a candidate's petition with such a requirement; nor should they be required to do so; (4) incumbent candidates already have access to such Social Security information which gives them an unfair advantage in the petition process viz. any challenging candidates, i.e. Local data bases, route books, etc.; (5) there exist effective alternatives to identifying eligible signatories which do not involve their Social Security numbers. In short, the requirement to list Social Security numbers puts members at considerable and unnecessary risk, gives unfair and undemocratic advantage to incumbents and should, in consequence, be abolished as a condition of nomination.
Thank you for your time and consideration President Loveall as I will eagerly await your expeditious written response.
Fraternally
UFCW Local 8-GS Member
Scott Schroeder
cc:
UFCW International President
Mr. Joseph T. Hansen
1775 K Street NW
Washington, DC 20006
The Honorable Elaine L. Chao
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington D.C. 20210
U.S. Department of Justice
Attorney General Michael B. Mukasey
950 Pennsylvania Avenue N.W.
Washington D.C. 20530-0001
U.S. Attorney, Northern District/California
Mr. Joseph P. Russoniello
450 Golden Gate Avenue Box 36055
San Francisco CA 94102
To read more about the flawed Notice of Nominations please visit: http://forums.uncharted.ca/about1209-15.html
or http://forums.uncharted.ca/about1209.html
Add Your Comments
Comments
(Hide Comments)
Here's Local 8's reply letter to member Scott Schroeder.
Dear Mr. Schroeder:
Your letter to Jacques Loveall dated June 20, 2008, and received June 26, 2008, has been referred to me in my capacity as General Election Chairperson. I am the person, under the International Constitution and the Bylaws of UFCW 8GS, responsible for the conduct of the nomination process which is the subject of your letter. Any further communication concerning this issue should be addressed directly to me.
Your letter raises three issues concerning the nomination process I am conducting at UFCW 8GS; not all members received notice of nominations, some members received a paper that did not contain the notice of nominations and that Social Security numbers are required in the nomination process.
Consistent with the Constitution and Bylaws, I arranged for the notice of Nominations of Officers to be included in the local’s regular newsletter, Voice of Action, which was mailed to every active member to UFCW 8GS by an independent mailing company on May 30, 2008. You are the only member who has claimed that they did not receive the notice of nominations. Based on the mailing list provided to the mailing company, which contains your name and address, there is no reason why you would not have received the notice. As your letter demonstrates , you are well aware of the notice and it contents.
All active members of UFCW 8GS were mailed a newsletter with the complete notice of nominations. No member has claimed to have received a newsletter mailed on May 30 that did not contain the notice of nominations. I note that your correspondence did not include any such newsletters.
Contrary to your claim, Social Security numbers are not required as part of the nomination process. The notice makes clear the only information required is the signature of the active member. It is my responsibility to verify all signatures on any nomination petition that is turned in to me. In order to facilitate that process and to make sure as many valid signatures as possible are counted, I did note in the nomination notice that “Employer and place of employment and social security numbers also assist in verification.” The obvious intent of this suggestion was to maximize the chances that all signatures could be validated and thus counted.
Based upon the forgoing, your objection to the nomination process are without merit and are denied in their entirety.
Sincerely
Mark Berns
General Election Chairperson
Here's also some history on Local 8's General Election Chairperson, Mark Berns
2001- Vice President Mark Berns $60,677
http://groceryworkers.org/your_rights/lm2-01.pdf/download
2002- VP Mark Berns $69,416
http://groceryworkers.org/your_rights/lm2-02.pdf/download
2003- VP Mark Berns $78,216
http://groceryworkers.org/your_rights/lm2-03.pdf/download
2004- VP Mark Berns $79,226
http://groceryworkers.org/your_rights/lm2-04.pdf/download
2005- VP Mark Berns $78,300
http://groceryworkers.org/your_rights/588-05-lm2.htm/download
2006- VP Mark Berns $82,700
http://groceryworkers.org/your_rights/588_2006_lm_2-1.pdf/download
Related Berns family members employed at Local 588/8 that I know of...
Lee Berns
Mark Berns
Jeff Berns
Kim Berns
So what do you think a little "conflict of intrest" going on here with the Election Chairperson Mark Berns??? Maybe it's time for a third party to come in and run these elections! Any thoughts?
Dear Mr. Schroeder:
Your letter to Jacques Loveall dated June 20, 2008, and received June 26, 2008, has been referred to me in my capacity as General Election Chairperson. I am the person, under the International Constitution and the Bylaws of UFCW 8GS, responsible for the conduct of the nomination process which is the subject of your letter. Any further communication concerning this issue should be addressed directly to me.
Your letter raises three issues concerning the nomination process I am conducting at UFCW 8GS; not all members received notice of nominations, some members received a paper that did not contain the notice of nominations and that Social Security numbers are required in the nomination process.
Consistent with the Constitution and Bylaws, I arranged for the notice of Nominations of Officers to be included in the local’s regular newsletter, Voice of Action, which was mailed to every active member to UFCW 8GS by an independent mailing company on May 30, 2008. You are the only member who has claimed that they did not receive the notice of nominations. Based on the mailing list provided to the mailing company, which contains your name and address, there is no reason why you would not have received the notice. As your letter demonstrates , you are well aware of the notice and it contents.
All active members of UFCW 8GS were mailed a newsletter with the complete notice of nominations. No member has claimed to have received a newsletter mailed on May 30 that did not contain the notice of nominations. I note that your correspondence did not include any such newsletters.
Contrary to your claim, Social Security numbers are not required as part of the nomination process. The notice makes clear the only information required is the signature of the active member. It is my responsibility to verify all signatures on any nomination petition that is turned in to me. In order to facilitate that process and to make sure as many valid signatures as possible are counted, I did note in the nomination notice that “Employer and place of employment and social security numbers also assist in verification.” The obvious intent of this suggestion was to maximize the chances that all signatures could be validated and thus counted.
Based upon the forgoing, your objection to the nomination process are without merit and are denied in their entirety.
Sincerely
Mark Berns
General Election Chairperson
Here's also some history on Local 8's General Election Chairperson, Mark Berns
2001- Vice President Mark Berns $60,677
http://groceryworkers.org/your_rights/lm2-01.pdf/download
2002- VP Mark Berns $69,416
http://groceryworkers.org/your_rights/lm2-02.pdf/download
2003- VP Mark Berns $78,216
http://groceryworkers.org/your_rights/lm2-03.pdf/download
2004- VP Mark Berns $79,226
http://groceryworkers.org/your_rights/lm2-04.pdf/download
2005- VP Mark Berns $78,300
http://groceryworkers.org/your_rights/588-05-lm2.htm/download
2006- VP Mark Berns $82,700
http://groceryworkers.org/your_rights/588_2006_lm_2-1.pdf/download
Related Berns family members employed at Local 588/8 that I know of...
Lee Berns
Mark Berns
Jeff Berns
Kim Berns
So what do you think a little "conflict of intrest" going on here with the Election Chairperson Mark Berns??? Maybe it's time for a third party to come in and run these elections! Any thoughts?
Incredible...not that any officer election in UFCW Local 8 involves questionable practices but that there is to be an election at all, fair, democratic or otherwise. What is this, the third officer election in more than 20 years?
If the Department of Labor (or the Department of Justice) chooses to take a closer look at the current situation, especially in light of the "history" of elections in this UFCW Local, there might well be some interesting reprecussions.
If the Department of Labor (or the Department of Justice) chooses to take a closer look at the current situation, especially in light of the "history" of elections in this UFCW Local, there might well be some interesting reprecussions.
We all know what is right and what is wrong.
The skill of decit is at work once again.
Scott is right and the rank and file is right, but trust me the bad guys- have judges, Sacto Sheriff current and 3 former Sheriff and Yolo county Sheriff Ed, people in the film industry- Warner Bros. & PR firm, wall street power brokers and even people at the DOL who will do noting to enforce the laws regarding union nominations of officers.
Bush Adminstration likes the Lovealls.
read that again...
Bush likes union leaders who keep things the way they are.
Nothing will change, and the goverment is not friend of labor.
It is all setup.
I wished things were different, I wished they would have and win an election and gain our support but they won't take the risk that would shut down those against them.
It is all just a bad bad dream and a very very Sad thing for all.
The skill of decit is at work once again.
Scott is right and the rank and file is right, but trust me the bad guys- have judges, Sacto Sheriff current and 3 former Sheriff and Yolo county Sheriff Ed, people in the film industry- Warner Bros. & PR firm, wall street power brokers and even people at the DOL who will do noting to enforce the laws regarding union nominations of officers.
Bush Adminstration likes the Lovealls.
read that again...
Bush likes union leaders who keep things the way they are.
Nothing will change, and the goverment is not friend of labor.
It is all setup.
I wished things were different, I wished they would have and win an election and gain our support but they won't take the risk that would shut down those against them.
It is all just a bad bad dream and a very very Sad thing for all.
For more information:
http://N/A
There is an old expression: "Wish in one hand, XXXX in the other, and see which one fills up first".
Any Member of UFCW 8 that wishes for something different, something better, a union that operates the way a union of working people is supposed to operate, needs to work towards that goal. Start with yourself, then with the Members you work with every day.
A wish unaccompanied by work means nothing...set a goal, one person at a time. There is another expression: "You want it, you take, you pay the price".
Any Member of UFCW 8 that wishes for something different, something better, a union that operates the way a union of working people is supposed to operate, needs to work towards that goal. Start with yourself, then with the Members you work with every day.
A wish unaccompanied by work means nothing...set a goal, one person at a time. There is another expression: "You want it, you take, you pay the price".
Quit crying and start getting involved to help your union brother, neighbor, or co-worker. Posting day or night or both does nothing of making any union stronger. JMO
We are 100% volunteer and depend on your participation to sustain our efforts!
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network