uncharted.ca

Hello Ron ---- I can not thank you and Mr. Silveira enough for providing me with such great material in your e-mail response(s) to me dated Friday, April 2, 2010. Your "duelling e-mails" reminded me of a "comic strip" featuring Lind & Silveira as "Pete" & "Repeat" .

Ron seriously, I would have been quite embarrassed if an Employer Representative ever came to my defense during my 17+ years as President @ former UFCW Local 839. Having said that, when I saw both of your e-mail response(s) the first thing that came to my mind was how quickly you & Mr. Silveira responded to my e-mail dated Friday, April 2, 2010 @ 9:29 am. Even though both of your e-mails didn't provide me with any viable information, I couldn't help to think that after 2+ years neither one of you could provide me with any answers to the main question. Where is the finalized version of the Retiree & Pension SPD's?

The second thing that came to my mind was WHY did Silveira respond. Was his immediate response due to the "business relationship / partnership" that you and the other UFCW Local Unions, including the I.U., currently enjoy with Mr. Silveira and SaveMart Supermarkets here in Northern California. Or, was Silveira just "watching your back"?

To illustrate my point, I have provided you with my e-mail that I sent to you back on Friday, November 9, 2007 along with various attachments. Specifically, we can't forget about the infamous Local 5 seven (7) page color coded document, outlining the numerous takeaways negotiated by UFCW Locals #5,#8,#101 & #648 and SaveMart Supermarkets.

In my opinion, based on that document, it is no wonder why the Chief Administrative Officer @ SaveMart Supermarkets Michael Silveira, wants to keep you as his "buddy" and came to your defense so quickly.

By way of another example, how about this cozy relationship the UFCW recently orchestrated with Mr. Piccinini Chairman and CEO, of SaveMart Supermarkets.

http://forums.uncharted.ca/viewtopic.php?p=17596&highlight=#17596

Ron, as we both know this was the UFCW's way of saying Thank You to Mr. Piccinini for delivering / converting all of those non-union SaveMart Supermarket employees / stores into UFCW dues paying members. The $64,000.00 dollar question still remains unanswered. What did the UFCW have to give up to get those non-union stores? I guess my immediate answer would be, how about taking a look at the seven (7) page color coded document of takeaways for starters?

I will now attempt to respond to both of your (Lind & Silveira) e-mails that were sent to me on Friday, April 2, 2010.

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Below is the complete text of Ron Lind's e-mail response to John Briley dated Friday, April 2, 2010 @ 9:54 am:

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

Ron, where do I begin? I guess we should first start with, Ron....., take a deep breath, now exhale.... Once again, you have lost your focus! This isn't about you or me? So quit trying to make this into a "pity party for yourself". What is interesting and quite pathetic, is the fact that when anyone asks you some hard questions you always attempt to fall back on your #1 defense outlined in your 1st sentence (see above). After 2+ years of writing to you and others, what good would it have been to call you. If anyone who should have been "busting their ass" to resolve this issue, it should have been you! With respect to copying the universe, I've got nothing to hide, do you???

Secondly, what I find that is unconscionable is the fact that after 2+ years of myself & the DOL inquiring about our SPD's, that as a our President / Trustee, you do not have any information as to the status and or whereabouts of the finalized Retiree and Pension SPD's. What is even more pathetic is that after all this time, you will have to ask for an update on the SPD and get back to me.

Right.... like when is that supposed to happen, in 2011? Ron, what in the hell are you and the Board of Trustee's doing when you have your Trustee's meetings? Obviously, you folks are not doing anything concerning finalizing and or mailing the Plan Participants copies of our Retiree & Pension SPD's!

Your comment about the Retiree Health Care piece, "that there is nothing to report", is a bit disingenuous to say the least. Specifically, by way of one (1)example, what is taking place with the Survivor Spouse Benefit that is outlined in the Letter of Agreement for the Retirees?

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

Item #2 : "Limiting surviving spouse benefits for future retirees, such as the rule applicable to the Southern California UFCW Unions & Employers Benefit Fund".

I've been told that many individuals who have opted for early retirement based on the serious issues facing our Food Pension Plan, are being told that "if" they do not retire now, they may loose our current Survivor Spouse Benefit Rule and
Item #2 (Southern Ca. Survivor Spouse Benefit Rule) will apply. Is that correct?

Assuming that information is correct, then your statement; "As for the Retiree Health Care piece I promised to let you know if anything new was happening. There is nothing to report" , would have been a bold face lie!

However, if that information is incorrect, then we have another problem of the "possibility" of misinformation being given to individuals regarding the Survivor Spouse Benefit Rule, which could have impacted their decision on early retirement?

By the way, as a suggestion, "if" Northern Ca. will soon be adopting the Southern Ca. Survivor Spouse Benefit Rule, it would be very helpful if the Board of Trustees here in Northern Ca. could provide the Plan Participants with the applicable detailed language for the So. Ca. Survivor Spouse Benefit Rule.

Maybe you could direct me to the applicable language in our Retiree / Pension SPD. Oh...., that's right, we do not have our finalized SPD's yet!

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Below is the text of Michael Silveira's e-mail response to Ron Lind wherein he c/c'd John Briley dated Friday, April 2, 2010 @ 9:55 am:

Dear Ron,
Well said.

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

A happiness that is sought for ourselves alone can never be found: for a happiness that is diminished by being shared is not big enough to make us happy. (Thomas Merton)


Seriously Mike, ...... is that the best you can provide to us after 2+ years? There was no need for you to "dine and dash" with your very limited and pathetic response. Next time, pack a lunch and stay awhile! One would have thought / hoped that you would have had the courage to provide a more substantial response. Once again, we have a classic example of another individual refusing to provide any answers and or offer any explanation as to the whereabouts of our finalized Retiree / Pension SPD's.

Speaking of partnership's, here is an article that is self explanatory. Especially after reviewing the infamous Local 5 seven (7) page color coded document. Combining the two (2) documents illustrates how the UFCW & SaveMart Supermarkets have some serious issues to deal with in Negotiations in 2011.

"The UFCW, Save Mart and Their Poverty Creating Partnership"
http://www.indybay.org/newsitems/2009/08/20/18617542.php
Indy Bay Article, dated Thursday, August 20, 2009
By: Another Save Mart Slave

Mike, your quick response to assist Ron regarding this SPD issue, made me think about the numerous times that I had written to you and others, pertaining to WalMart's Superstore expansion for their two (2) stores here in Salinas, Ca. Unfortunately, throughout that entire time you and others remained silent. Which raises the question, WHY do you come to the aid of President Lind over the SPD issue, and not speak up about the Walmart Superstore expansion in Salinas?

Union Employer's Must Speak Up
http://www.uncharted.ca/content/view/284/35/

Mike do not be a stranger. Looking forward to your response.

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Ron, I purposely waited a full two (2) weeks before responding to you. I wanted to give you the "benefit of the doubt" and provide you with every opportunity to respond to me in a timely manner with your answer as you indicated in your 4/2/10 e-mail.

"I will ask for an update on the SPD and get back to you"

After two (2) weeks you have failed miserably!

Unfortunately, it has become quite clear to me, that after 2+ years, you and Mr. Osterweil no longer have the ability to tell the truth!

Thank You for your time.

John Briley

For more information, please click here for the October 9, 2009 settlement agreement struck by mediator Mr. Foley,

as well as the March 9, 2010 supplementary settlement agreement

To illustrate my point concerning our Trust Fund Administrator, Mr. Jody Osterweil: