uncharted.ca

Hello Jody Osterweil ---- I wanted to personally thank you for sending me the old Bay and Valley active and retiree SPD's, including all of the current notices pertaining to said SPD's.. I received the packet on Monday, November 16, 2009.

As we are all aware of and for the record, I continue to request a copy of our current and updated H&W SPD. In your November 13, 2009 letter to me, you indicated that the Plan professionals along with staff are currently working on a new and consolidated version of an SPD that reflects the merger of the Bay and Northern California (Valley) Plans into the UFCW & employers Benefit Trust, "UEBT". I'm assuming that said H&W SPD will also have all of the applicable retiree information enclosed? Is that correct?

Can you provide me with an approximate date when you believe that this H&W SPD will be completed and when I can expect to receive my copy?

Additionally, as we are all aware of and for the record, I continue to request a copy of our current and updated Food Pension SPD. Your 11/13/09 doesn't reflect any information about the status of said SPD.

In previous E-Mails, I've specifically requested copies of our current and updated H&W SPD, including a copy of our current and updated Food Pension SPD. Can you provide me with a status update as to the completion date of said Food Pension SPD?

Jody & Allison, please let me know if this E-Mail is not acceptable as to a "formal request" pertaining to requesting a current and updated H&W and Food Pension SPD.

I will be more than happy to provide you with a formal written letter requesting the above in the event you do not accept this E-Mail as a formal request.

I've also c/c'd Ron Lind, our Local Union President @ UFCW Local 5, who I believe is a Trustee on both the H&W and Food Pension Trust Funds. Ron, as we have discussed previously, it is time for this entire matter to be resolved once and for all! Each and every Plan Participant (active & retiree) is entitled to a current and updated H&W and Food Pension SPD immediately. As our President and a Trustee, I know you can make that happen!

If you should have any questions or require any additional information please feel free to contact me @ anytime.

Thank You

John Briley

Date: Friday, November 20, 2009, 9:54 AM


Hello Jody Osterweil ----- As a follow up to my E-Mail on Wednesday, 11/18/09 (attached) and after reviewing a portion of the documents that you have provided to me, there is some discrepancies that I've found & I need some clarification / explanation from you.

It appears that there "may" be several years of "current notices" that are missing from the documents that you have recently provided to me.

By way of an example, the clarification I seek is a result from reviewing the two (2) UFCW Bay Area Health and Welfare SPD's provided for actives and retirees. Including the cover sheets which outlines the enclosure titles and the issue dates of said "current notices".

Point 1 ---- The front cover of the Bay Area SPD appears to be recently updated with the address & phone numbers of our current Trust Fund Office @ 1277 Treat Blvd. in Walnut Creek. If that in fact took place, why was the front cover updated and not the entire SPD updated at the same time?

Point 2 ---- The reason I believe that the cover has been recently updated, is the fact if you turn to page 2 in both of the Bay Area SPD's, you will notice the respective Employer and Union Trustees listed for said Bay Area H&W Plan.

For the record, most of the Employer & Union Trustees were not around to attend Trust Fund Meetings @ the Treat Blvd. address following our move from our Wiget Lane.

Based on that information, How is it possible for those Trustees to show up in the Bay Area H&W SPD's with our current Trust Fund Address located on Treat Blvd.

Additionally, you will note @ the top of the page 2 in said SPD, the reference to the correct address @ the time for our Trust Fund Office. At the time this SPD was originally printed, our Trust Fund address was 190 North Wiget Lane, in Walnut Creek.

Point 3 --- If you turn to the back of said SPD you will note a reference to what appears to be a REV 7/92. Jody if you would clarify this for me. Does REV 7/92 reflect that this SPD was revised back in July 1992? If that is correct, then this Bay Area H&W SPD "allegedly" hasn't been updated in over 17 years?

If that isn't correct Jody, when was the last time that the Bay Area H&W SPD has been updated?

Allison Campos, Lorrie Culp & Carrie Grove ---- what is the Law pertaining to the amount of time a SPD is allowed to "hang in limbo" before being required to be updated by our Trust Fund / Trustees? If the above is correct, is 17+ years an acceptable amount of time without updating our SPD?

Point 4 --- Assuming that July of 1992 was the last time the Bay Area SPD has been updated, then I would turn your attention to the the two (2 Bay Area H&W SPD's including the cover sheets that you have already provided me.

Once again, assuming that the last time said Bay Area H&W SPD was updated in 7/92, then what has happened to all of the "current notices" from July 1992 to February 1998 for actives and retirees.

That represents over 5 1/2 years of " current notices" that appear to be missing from the documents you have already provided to me?

Jody can you provide me with clarification and or an explanation to the "alleged" missing "current notices" form July 1992 to February 1998? Was this an oversight or do we (Trust Fund Office) not have the "current notices" for that period of time?

For the record, "if" I am correct regarding the 5 1/2 years of "alleged" missing "current notices," then I would respectively request that the Trust Fund send me those specific documents in question ASAP.

Point 5 ---- Can you provide me with a clarification / explanation as to why the cover sheets that are attached to the Bay & Valley SPD's for (actives & retirees), appear to missing some "current notice" documents for the Bay Area H&W SPD for Retirees?

By way of an example, please refer to the issue dates on the following cover sheets for the Valley H&W SPD for (actives & retirees) and the Bay SPD for (actives). You will note the issue date of July 2009 as the last entry for those 3 groups.

However, when you review the cover sheet for the Bay SPD for retirees, you will note the issue date of January 2009.

It appears that once again we have some documents from January 2009 to July 2009 that "allegedly" may be missing from the Bay Area H&W SPD for retirees.

For the record, "if" I am correct regarding the 5 months of "alleged" missing "current notices," then I would respectively request that the Trust Fund send me those specific documents in question ASAP.

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In contrast, if you examine the two (2) Valley SPD's for (actives & retirees) you will note that there doesn't appear to be any discrepancies.

Point 1 ---- On the front cover of the Valley H&W SPD you will note the date of January 2001 which reflects the last time this SPD was revised.

Point 2 --- Reviewing the cover sheets you will note that entry of August 2001 for the "current notices" through July 2009 in both cover sheets.

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Jody Osterweil, Allison Campos, Lorrie Culp & Carrie Grove I am looking forward to your clarification / explanation concerning these issues for me ASAP.

Jody & Allison, once again, please let me know if this E-Mail is not acceptable as to a "formal request" pertaining to the questions I've raised above.

I will be more than happy to provide you with a formal written letter requesting the above in the event you do not accept this E-Mail as a formal request.

Allison Campos (DOL)----- I've attempted to outline my questions and concerns as coherently as possible. However, I realize that all of this may be confusing. Therefore, I would like to suggest the possibility of the two of us meeting to discuss all of the above in more detail. Please let me know your availability ASAP.

If anyone should have any questions or require any additional information please feel free to contact me @ anytime.

In closing, as a current Retiree and a Plan Participant for over 38 years, I do expect someone within our Trust Fund to provide me with some answers with respect to the questions and concerns I've raised in this E-Mail. I sincerely hope that I do not have to wait another 2 years for an answer from our Trust Fund.

Once again thank you in advance for your immediate attention to my request.

Looking forward to your response.

John Briley

The DOL (Ms. Campos) should be all over this like white on rice. A crime has been committed and reported and then nothing.

...any response from Osterweil or Campos

Date: Friday, December 18, 2009, 11:11 AM


Hello Jody Osterweil ---- On Thursday, December 17, 2009 I received by U.S. Mail, copies of the following Summary Annual Reports from our Trust Fund.

1. UFCW - BAY AREA HEALTH AND WELFARE TRUST FUND

2. UFCW - NORTHERN CALIFORNIA FOOD EMPLOYERS JOINT INDIVIDUAL ACCOUNT PLAN

Please be advised that as outlined in both Summary Annual Reports I am herby requesting copies of the full annual report for both Reports ASAP.

Additionally, I have some specific comments / questions concerning both documents.

First ----- Jody, I will direct my first comment to you and the Board of Trustees / Plan Professionals concerning the following paragraph found in the Summary Annual Report for the UFCW - Bay Area Health and Welfare Trust Fund:

"BENEFITS AND ELIGIBILITY RULES WILL CHANGE FROM TIME TO TIME. RETIREE BENEFITS DIFFER FROM ACTIVE EMPLOYEE BENEFITS AND ALSO CAN BE CHANGED OR ELIMINATED AT ANY TIME. BE SURE TO USE THE MOST RECENT PLAN BOOKLET AND TO READ ANY SPECIAL NOTICES ABOUT COVERAGE. DO NOT RELY ON OUTDATED INFORMATION. IF YOU LOSE YOUR COVERAGE YOU MAY BE ENTITLED TO CONTINUE IT BY MAKING SELF PAYMENTS. CONSULT YOUR BOOKLET OR THE PLAN OFFICE FOR DETAILS."

Seriously Jody, do you or the Board of Trustees / Plan Professionals have any idea and or any clue as to what you send out to the Plan Participants? For over two (2) years now I've been trying to obtain a current and updated H&W Plan SPD and I'm still waiting!

More to the point, you didn't have the common decency and or the professional courtesy to respond to any of my E-Mails, letters, etc., for over two (2) years. It was until I was forced to reach out to the DOL that you were finally forced to respond to me by the DOL.

Yet, you and the Board of Trustees / Plan Professionals up in Walnut Creek write down meaningless words / sentences instructing Plan Participants to "BE SURE TO USE THE MOST RECENT PLAN BOOKLET AND TO READ ANY SPECIAL NOTICES ABOUT COVERAGE. DO NOT RELY ON OUTDATED INFORMATION." When in fact, as you & the Board of Trustees / Plan Professionals are fully aware of, there isn't a recent Plan Booklet available to any Bay Area H&W Plan Participant and or any Plan Participant since the merger between the Valley and Bay H&W Plans back in 2007 / 2008!

Talk about hypocrisy, since one of these Summary Annual Reports deals specifically with the Bay Area H&W Health and Welfare Plan and as you are clearly aware of, the last time the Bay Area H&W SPD was updated was on or about July of 1992! Now lets talk about the MOST RECENT PLAN BOOKLET!!!! We are now over 19 years since the BAY AREA SPD has been updated and still waiting!

Secondly, Jody, I will direct my question to you and the Board of Trustees / Plan Professionals concerning the following paragraph found in the Summary Annual Report for the UFCW - Northern California Food Employer's Joint Individual Account Plan:

"THE PLAN HAD TOTAL INCOME OF $(61,011,739), INCLUDING EMPLOYER CONTRIBUTIONS OF $201,606, LOSS ON THE SALE OF INVESTMENTS OF $22,017,410, AND LOSSES FROM INVESTMENTS OF $39,195,935".

If my memory serves me correctly, it was my understanding that back in 2004 the Employer's quit paying into the IAP. If that is correct, would you be so kind to explain to me why would any Employer continue to make contributions into the IAP for 2008? I'm confused with this entry and I would appreciate an explanation.

Additionally, please identify who the Employer's are? Could you also identify for me if any Employer(s) made any Contributions into the IAP (dollar amounts) for the years 2004, 2005, 2006, and 2007?

If you should have any questions or require any additional information please feel free to contact me @ anytime.

I reserve my right to ask further questions once I receive both of my copies of the full annual reports as outlined above.

Thank You

Happy Holidays

John Briley

First ----- Jody, I will direct my first comment to you and the Board of Trustees / Plan Professionals concerning the following paragraph found in the Summary Annual Report for the UFCW - Bay Area Health and Welfare Trust Fund: