uncharted.ca

Jerry Hunsucker --- UFCW 8 -Golden State

Don Hunsuckers son? Oh my Lord. What a joke. Discretion keeps me from providing the details on him but lets just say he is know to be a ....... damm I can't bring myself to say it, its just to mean. Mean but true.

Date: Thursday, January 28, 2010, 11:08 AM


Hello Jody Osterweil ------ As a follow up to my e-mail l that I sent to you on Friday, December 18, 2009, (see attached e-mail) I wrote:

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."


Jody, as of today's date, Thursday, January 28, 2010, I still haven't received copies of the previously requested "Full Annual Reports" for the
following:

1. UFCW-BAY AREA HEALTH AND WELFARE TRUST FUND

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

We are now at forty (40) days and counting since my first request??????

I've provided you with a copy of the Summary Annual Report for the UFCW Northern California Food Employers Joint Individual Account Plan,
EIN 68-0161773, for the year beginning January 1, 2008 and ending December 31, 2008. I believe that "My Rights to Additional Information" are clearly outlined in detail on page 2 of said document.

Additionally, as a current participant in the Joint Individual Account Plan, I continue to request answers to my questions as I previously outlined in my e-mail to you dated 12/18/09. I would also like to request a current and updated Summary Plan Description for the UFCW Northern California Food Employers Joint Individual Account Plan ASAP. It appears that 2003 was the last time a SPD was updated for this Plan.

Has the Trust Fund office updated this 2003 SPD yet?

I will forward this e-mail to Allison Campos @ the DOL and to some of the Union Pension Trustees who I have e-mail addresses for, as "another" formal and official request for information.

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

Looking forward to hearing from you.

Thank You

John Briley

It appears that based on what Mr. Osterweil has stated, the Plan Participants (actives and retirees), should be receiving current & updated SPD's within the next several weeks. According to Mr. Osterweil, the SPD's are at the printer as we speak.

Friday, February 12, 2010

Hello Jody Osterweil ---- following up on my two (2) plus year quest/struggle with you as our Trust Fund Administrator in obtaining copies of current and updated SPD's, I wanted to thank you for sending me the "final printed version" of the UFCW & Employers Benefit Trust Fund "UEBT" (MEDICAL) Summary Plan Description (SPD) for Active Participants covered under the 2007-2011 CBA.

I received said version by UPS on Wednesday, February 10, 2010 @ 6:20 pm. I've also provided you with a copy of your letter to me dated 2/9/10 & a copy of the cover of the "final printed version" of said SPD". (see above)

Now that I've received the the "final printed version" of the "UEBT" SPD, I anxiously await receipt of the other two (2) SPD's. 1 DOWN AND 2 TO GO!!!

With respect to the remaining two (2) SPD's that you have previously committed on providing to me, I have some questions for you.

For references purposes, I've provided you with your letter you sent to me on 12/17/09.

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

As a follow up to your December 17, 2009 letter, I continue to have some questions for you.

In a portion of your letter you write:
"This precise version is currently at the printer's and you will, of course, receive the printed version which will probably be distributed by mail around the New Year."


Now that the Holiday's are over and we are currently into the month of February 2010, when can the Plan Participants (ACTIVES) expect to receive their copies of the "final printed version" of the UFCW & Employers Benefit Trust Fund "UEBT"
(MEDICAL) Summary Plan Description (SPD) for Active Participants covered under the 2007-2011 CBA??

Additionally, as a current Retiree a portion of your letter addressed the following:

"As I believe you are also aware, the Plan professionals (along with the staff of the Trust Fund Office) have been working on a new Retiree SPD. We have exchanged several iterations of the booklet, and I believe that we will be able to produce the final version within a matter of a few weeks, given the effect of the Holiday season on staff availability."

Once again, now that the Holiday's are over and we are currently into the month of February 2010, when can the Plan Participants (RETIREES) expect to receive copies of the "final printed version" of their SPD for our Health & Welfare Plan?

Following your December 17, 2009 letter, you sent me another letter dated December 21, 2009 pertaining to our Pension SPD.

I've provided you with the following link to review your letter sent to me dated December 21, 2009 regarding our Pension SPD :

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

As a follow up to your December 21, 2009 letter, I have a question for you.

In a portion of your letter you write:

"Similarly to the UEBT SPD I sent to you last week, this version is currently being formatted for printing and you will, of course, receive the printed version which will be distributed by mail within a few weeks".

Once again, now that the Holiday's are over and we are currently into the month of February 2010, when can the Plan Participants expect to receive their copies of the "final printed version" of our SPD for our Pension Plan?

As always, I look forward to your response.

Thank you.

John Briley

It appears that based on what Mr. Osterweil has stated, the Plan Participants (actives and retirees), should be receiving current & updated SPD's within the next several weeks. According to Mr. Osterweil, the SPD's are at the printer as we speak.

Thursday, February 25, 2010 6:20 AM

Greetings To All ---- Recently you received a copy of an email that I had sent to our Trust Fund Administrator, Jody Osterweil, dated Friday, February 12, 2010, (see attached email).

What many of you may not be aware of is the fact, that over the past two (2) years, I've been involved in my well documented struggle to obtain current and updated H&W (Medical) and Pension Summary Plan Descriptions (SPD's) from our Trust Fund Administrator, Jody Osterweil.

After numerous emails to Mr. Osterweil, including some Trustees, and a registered letter, I finally had enough and decided to do whatever was necessary to accomplish my goal in obtaining current and updated Pension and H&W (Medical)Summary Plan Descriptions (SPD's).

For reference purposes, here is a copy of the text of my first e-mail that I sent to Jody Osterweil back on Friday, August 24, 2007:

Hello Jody --- Prior to my retirement effective May 1, 2007, I was in attendance @ a Bay Area H&W Trust Fund Meeting wherein there was a committee of Union and Employer Trustees formed to finalize the last remaining details of the "new" SPD for the Bay Area Health & Welfare Trust Fund. The objective was to finalize said document and get it in the hands of the participants immediately. As a trustee @ the time and since it had been over a decade since a "new" and "updated" SPD was made available to the participants of the Bay H&W Trust Fund there was a sense of urgency to get this matter completed once and for all.

Based on the above, please mail to me a copy of the "new" and "updated" SPD for the Bay Area H&W Trust Fund. In the event that the SPD still hasn't been finalized, please provide me with an update as to the status of finalizing said SPD.

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

Looking forward to your response.

Thank You

John Briley

Unfortunately during these past two (2) years, our Trust Fund Administrator, Jody Osterweil's intransigent position and his blatant failure to provide me with any response to my numerous requests, forced me to contact the Department of Labor (DOL) and file a complaint (case #20078813616).

Through the intervention of the DOL, (James Pullen & Allison Campos) Mr. Osterweil finally provided me with copies of the current and updated H&W and Pension SPD's in December 2009.

Subsequently, on February 9, 2010 Mr. Osterweil sent me the final printed version of the H&W (Medical) Summary Plan Description (SPD) for Active Plan Participants.

Link to review a copy of Mr. Osterweil's February 9, 2010 letter:
http://www.uncharted.ca/images/users/ssigurdur/20100210_spd_osterweil_let.jpg

Link to review a copy of the "Final Printed Version" of the Front Page Cover for the newly updated H&W (Medical) SPD for Active Plan Participants:
http://www.uncharted.ca/images/users/ssigurdur/final_print_health_safety_spd_cover.jpg

As in typical fashion, Mr. Osterweil continues to drag his feet in providing me with any answers to my previous questions outlined in my 2/12/10 email I sent to him concerning the status of the final printed versions of the Retiree SPD and the Pension SPD. (once again see attached email)

Hopefully, the Active Plan Participants will be soon be receiving their final printed version of the H&W (Medical) Summary Plan Description (SPD) by mail within the next few days????

Keep in mind that our struggle continues. Until such time as the Retirees receive our final printed version of our H&W (Medical) Summary Plan Description (SPD) and the Plan Participants receive their final printed version of the Pension Plan Summary Plan Description SPD), I will not go away, Mr. Osterweil / Trustees!!!!

Unfortunately, Mr. Osterweil's inability to follow through on his previous assurances / promises in a "timely manner", leaves most of us questionning "if" we will ever be able to believe anything he tells the Plan Participants in the future??

I must also add that all of the Trustees (Employer & Union), Plan Professionals, DOL, etc. have culpability regarding this issue for allowing our Trust Fund Administrator, Jody Osterweil, to "drag his feet" over these past two (2) years.

Our Trust Fund Administrator / Trustee's on going "stalling tactics" only hurt the Plan Participants by continuing to deny the Plan Participants their right to be provided with current and updated SPD's in a timely manner!

By the way Jody Osterweil, as of Thursday, February 25, 2010, I still haven't received anything from you as previously outlined in your 12/17/09 & 12/21/09 letters to me??

Over these past two (2) years, it has become abdundantly clear to me that our Trust Fund Administrator, Jody Osterweil and some Trustees, do not give a "diddly squat" about the Plan Participants (Active or Retirees).

As a Plan Participant for over forty (40) years I've had the privilege to work with many outstanding Trust Fund Administrator's and Trustees who genuinely cared about all of the Plan Participants both Active and Retirees not some of the time but all of the time!

To this day, there are many dedicated and caring Trust Fund Employee's (Roseville & Walnut Creek) who go out of their way on a daily basis to provide all of the Plan Participants (Actives & Retirees) with assistance and compassion in resolving any problem(s) that they may have.

To the extent that Mr. Osterweil, in the capacity as our Trust Fund Administrator,
not having the "common decency" and or the "professional courtesy" to respond to any Plan Participant (Active or Retiree) in a timely manner is unconscionable and inexcusable!

Now is the time for our Union & Employer Trustees to demonstrate some much needed Leadership and say good-bye to Mr. Osterweil once and for all. In my opinion, Mr. Osterweil, has failed miserably as our Trust Fund Administrator over these past years!

Thank You

John Briley

Briley says in a mass E-mailing Trust Fund Administrator Jody Osterweil must go!

I will not go away, Mr. Osterweil / Trustees!!!!

Friday, February 26, 2010

Hello Jody Osterweil ------ Here we go again.... We are now at seventy (70) days and counting with no response from you concerning my previous two (2) e-mails requesting information. However, in the event that you and the Board of Trustee's / Attorney's position is that as a Current Retiree and a Plan Participant for over Forty (40) years I am not entitled to this information, then please have the professional courtesy to inform me immediately.

Let me once again repeat my simple ongoing request previously outlined in my first e-mail that I sent to you on Friday, December 18, 2009, (see attached e-mail) and my second e-mail request that I sent to you on Thursday, January 28, 2010, (see attached e-mail) for copies of the Full Annual Reports for the following Plans:

1. UFCW - Northern California Food Employers Joint Individual Account Plan,
EIN 68-0161773, for the year beginning January 1, 2008 and ending December 31, 2008.

Note: for reference purposes here are link(s) to review a copy of the Summary Annual Report (pages 1&2) for the above captioned Plan which I received from the Trust Fund Office on December 17, 2009.

http://www.uncharted.ca/images/users/ssigurdur/iap_summary_annual_report_p1.jpg

http://www.uncharted.ca/images/users/ssigurdur/iap_summarry_annual_reprot_p2.jpg

2. UFCW - Bay Area Health and Welfare Trust Fund, EIN 94-6349045, a Multi Employer Plan, for the year beginning January 1, 2008 and ending December 31, 2008.

Note: for reference purposes here are link(s) to review a copy of the Summary Annual Report (pages 1&2) for the above captioned Plan which I also received from the Trust Fund Office on December 17, 2009.

http://www.uncharted.ca/images/users/ssigurdur/bayarea_health_welfare_summary_annual_reprt_p1.jpg

http://www.uncharted.ca/images/users/ssigurdur/bayarea_health_welfare_summary_annual_reprt_p2.jpg

What I contine to find amazing Mr. Osterweil, is your reluctance / refusal to provide me with this requested information. Especially when on the back of both Summary Annual Reports there is a specific and detailed portion that is titled in bold print: YOUR RIGHTS TO ADDITIONAL INFORMATION .

For reference purposes please refer to page 2 on both of the Summary Annual Reports for the complete text of Your Rights to Additional Information. The bigger question still remains is, Do the Full Annual Reports actually exist or are they a figment of the Board of Trustees imagination?

Which brings me back to a previous question that I raised with you before in my first e-mail I sent to you dated Friday, December 18, 2009.

"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"?

I find it extremely hypocritical for you, the Board of Trustees / Attorney's, Plan Professionals, etc., to send out various documents to the Plan Participants informing us of our "alleged" rights and when we try to exercise our "alleged" rights, we are denied access to the information!

Looking forward to your response and providing me with my requested information.

Thank You

John Briley

YOUR RIGHTS TO ADDITIONAL INFORMATION

Kidding of course, Osterweil I think you're being a prick just because you can. Nice job.

Jody is the Chief Executive Officer of UFCW-Employers Group Administration LLC, a northern California based company that provides health, retirement and death benefits to 150,000 employees, retirees and dependents in the grocery, retail pharmacy and specialty retail industries throughout northern California, Nevada and Hawaii.

A well-respected veteran insurance industry professional, Jody has held many high-level positions, including Senior Vice President of The Segal Company, a preeminent actuarial and employee benefit consulting firm to Taft-Hartley Benefit Trust Funds.

Jody holds a bachelors in Communications from Antioch College and a masters in Health Policy and Management from Harvard University, School of Public Health