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Monday, March 1, 2010

Hello Jody Osterweil ----- I wanted to inform you that on Monday, March 1, 2010, @ 9:05 a.m., UPS delivered the following Financial Statement Documents to my home.

1. UFCW - Northern California Food Employers Individual Account Plan:
for December 31, 2008 and 2007.

2. UFCW - Bay Area Health and Welfare Trust Fund:
for December 31, 2008 and 2007.

3. UFCW - Northern California Health and Welfare Trust Fund:
for December 31, 2008 and 2007.

4. UFCW - Northern California Employers Joint Pension Plan:for December 31, 2008 and 2007.

Since there wasn't any cover letter attached, I'm assuming that you sent this information to me. If that is correct, I would like to take this opportunity to say Thank You.

Please be advised that I reserve the right to ask any additional questions and or request any additional information following my review of said documents.

John Briley

Friday, April 2, 2010

Hello Ron ----- As you are fully aware of over these past two years, I've been requesting copies of the current and updated Summary Plan Descriptions (SPD's) for our H&W and our Pension Plan(s) from our Trust Fund Administrator, Jody Osterweil. I have also intentionally c'c'd you and other Trustees throughout this entire process in an effort to determine "if" as Trustees, you would fulfill your "fiduciary responsibilities" by providing the Plan Participants (Actives & Retirees) with current and updated SPD's in a timely manner.

As our President and a current Trustee on the H&W / Pension Plan(s) I must say I am extremely disappointed that you have not taken a more aggressive & pro active role throughout these past two years in providing the Plan Participants (Actives & Retirees) with current and updated SPD's. Your "feeble attempt" to pass blame on to others and not taking responsibility as our President / Trustee to accomplish this task is inexcusable.

As President @ UFCW Local 5 you represent one of the four (4) largest UFCW Locals in the State, (UFCW Locals #5,#8,324 & #770). Surely in this instance, as our President / Trustee and as a UFCW I.U. V.P., you could have and should have asserted yourself more aggressively.

By way of an example the only interaction I ever received from you during this time was as follows. Please refer to our sequence of e-mails that we exchanged dated, 9/25/09,9/27/09 & 9/29/09.

In response to my e-mail dated 9/25/09, you provided the following update in a portion of your 9/27/09 e-mail to me.
"On another matter, I am told that the SPD will be ready to mail in about 30 days. It seems that someone lit a fire under someone's ass."

For the record, who ever told you that the "alleged" SPD would be ready to mail in 30 days (on or about October 27, 2009) was a tad bit off the mark. I finally received the final printed version" of the UFCW & Employers Benefit Trust Fund "UEBT" (MEDICAL) Summary Plan Description (SPD) for Actives, on February 10, 2010. Almost four (4) months after the fact. Once again, as our President / Trustee where was your follow up with our Trust Fund Administrator, Board of Trustee's, Lawyers & Consultant's when the SPD in question wasn't mailed out?

Additionally, in response to my e-mail dated 9/29/09, you provided the following update in your 9/29/09 e-mail to me.
"I don't know all the answers to your questions but I will work on it. I would not put all of the blame on Jody as the lawyers and consultants are equally guilty. I will get back to you early next week".

Ron, as we both know, the Board of Trustees are responsible for and ultimately "drive the train" when it comes time for making decisions and providing the direction for our Trust Fund Administrator, Lawyer’s & Consultant’s to follow. To suggest and or attempt to blame the Lawyer's and Consultant's is totally unacceptable and ludicrous!

The Board of Trustees are solely responsible for "dropping the ball" here by allowing the Trust Fund Administrator, Lawyer's and Consultant's to assume for a moment, that they were in charge and or could do has they please. Once again as we both know, the Lawyer's and the Consultant's receive a "hell of a lot of money" from our Trust Fund!

The time has come for the Board of Trustees to quit pandering to the Lawyer's and Consultant's and start demanding accountability from them immediately! As far as our Trust Fund Administrator goes, I have already suggested that it was time to say good-bye to Mr. Osterweil!

Ron, as you are also very much aware of, our Trust Fund Administrator Jody Osterweil, in his letter(s) dated 12/17/09 & 12/21/09 regarding the Retirees (SPD) and Pension Plan (SPD), made a commitment to provide the final printed versions of said SPD's "within a matter of a few weeks". Here it is, over three (3) months and counting, with no SPD's. Unfortunately, our Trust Fund Administrator, Jody Osterweil, continues to demonstrate that "his word" means absolutely nothing!

http://www.uncharted.ca/images/users/ssigurdur/20091217_osterweil_letter.jpg

http://www.uncharted.ca/images/users/ssigurdur/20091221_osterweil_letter.jpg

Once again, we are witness to the total disrespect directed towards UFCW Retirees by our UFCW Leadership and Board of Trustees here in Northern Ca.

As a Plan Participant for 41 years, I witnessed first hand the “colossal blunder” created by the Northern Ca. UFCW Leadership in the 2007- 2011 Collective Bargaining Agreements. For the first time in my memory, the Retirees were carved out of the Medical Plan by our UFCW Leadership. Subsequently, that "colossal blunder", left the Retirees unprotected by the Active Plan Participants & vulnerable to the unknown fate of the Retirees Medical Plan????

The Retirees fate, as it pertains to the Retirees Medical Plan to this day remains unresolved. Please refer to the infamous Letter of Agreement for Retirees.

Letter of Agreement for Retirees:

http://www.uncharted.ca/images/users/ssigurdur/retirees_letter_of_agreement.jpg

Adding to the mystery surrounding the fate of the Retiree's Medical Plan is the current hourly contribution rate for the UFCW & Employer's Benefit Trust Fund (UEBT) and the hourly contribution rate negotiated until the expiration of this Agreement. Based on numerous factors, such as the high cost of maintaining H&W (Medical Benefits) for Actives and Retiree's, the problems within our Food Pension Plan etc., our food negotiations in 2011 are going to be very difficult to say the least.

SaveMart Supermarkets C.B.A. (October 6, 2007 - October 8, 2011)

14.2 Employer Contributions:

Effective with hours worked in December 2009 and payable in January 2010, the Employer agrees to contribute six dollars and fifteen cents ($6.15) for all classifications through hours worked in November 2010.

Effective with hours worked in December 2010 and payable in January 2011, the Employer agrees to contribute six dollars and twenty cents ($6.20) until the expiration of this Agreement.

The unknown factor for the Retiree's is the amount of money being used from the current hourly H&W contribution rate to pay for the Retiree's Medical Plan? Ron, what is the current cost for Retiree H&W? What will be the projected cost @ the end of the contract?

As you can imagine, there continues to be numerous questions that remain unanswered as it pertains to how the Retiree's Medical Plan is going to look like when all is said and done.

Looking forward to your update as to when the Retiree's can expect to receive our Summary Plan Description (SPD) and what is going on with the "re-design" of the Retiree's Medical Plan?

Thank You
John Briley

KA-POW!!! It looks like Briley is done playing the nice guy with Local 5's pres Ron Lind! It would appear that Briley has decided to take off the gloves and go for the knockout.

On Fri, 4/2/10, Ron Lind

John

I had hoped that our relationship had developed to the point where you would pick up the phone and call me if you had questions or concerns rather than attacking me via email and copying the universe. I will ask for an update on the SPD and get back to you. As for the retiree health care piece I promised to let you know if anything new was happening. There is nothing to report.

Ron

On Fri, 4/2/10, Mike Silveira

Dear Ron,
Well said.

Thanks.
Eat well, live well, and be thankful for and share your blessings now and always.
Just me,
Mike

blahblah ...and copying the universe.

blahblah ...and be thankful for and share your blessings

On Fri, 4/2/10, Mike Silveira

Dear Ron,
Well said.

Thanks.
Eat well, live well, and be thankful for and share your blessings now and always.
Just me,
Mike