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LMRDA Violation: UFCW Shaun Barclay

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Laboryes
Post Posted: Mon Jan 06, 2014 6:09 am

Joined: 29 Jan 2006
Posts: 2055
Enforcer wrote:
Looks like the Shaun Barclay video/recording has hit 40 views in just two hours!


http://www.youtube.com/watch?v=20Ya5G9YlHE


Barclay's video up to 125 views now!




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Enforcer
Post Posted: Mon Jan 06, 2014 6:46 am

Joined: 05 Dec 2013
Posts: 251
Quote:
Barclay's video up to 125 views now!


You beat me to posting that.


I'v been keeping track of the number of views since this morning, were well over 300 hits on this thread just today!

Shaun Barclay: your popular.

https://www.youtube.com/watch?v=20Ya5G9YlHE
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SharynS
Post Posted: Mon Jan 06, 2014 4:18 pm

Joined: 28 Jan 2006
Posts: 3631
Location: the 'puter
Quote:
By the way: It is alleged/ rumored that Chad Young married former UFCW International President Doug Dority’s daughter.
Did someone say Dority's daughter? Here's an interesting thread starring Dority's daughter. The thread also includes a glimpse of ufcw's family business practise - and misc. links leading to the ufcw family spree tree.

( Much more can be found @ m-f-d.org )

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Enforcer
Post Posted: Mon Jan 06, 2014 7:40 pm

Joined: 05 Dec 2013
Posts: 251
Quote:
Shaun Barclay: your popular.

https://www.youtube.com/watch?v=20Ya5G9YlHE



Shaun Barclay: Your a hit, and the laugh of many Attorneys and Department of Labor Investigators in many OLMS offices (not previously involved with the UFCW 5 election). We got confirmation they have listened to your recording/rant.
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Enforcer
Post Posted: Tue Jan 07, 2014 5:49 am

Joined: 05 Dec 2013
Posts: 251
LMRDA Section 303 violation update: The complainant received word that the attorneys are still looking at the entire violation. He was told the violation is very rare but very criminal. Department of Labor investigators with a decade with the department have never seen such a violation, they are that rare! We will keep you all updated.


Shaun Barclay may go down in history.


http://www.dol.gov/olms/regs/statutes/lmrda-act.htm

Criminal Penalties:
Quote:
Unlawful Acts Relating to Labor Organization Under Trusteeship


(29 U.S.C. 463)


(b) .... imprisoned for not more than one year....



Lets not forget:


According to the Department of Labor:

http://www.dol.gov/olms/regs/compliance/504unionoffholdempl.pdf


Quote:
Is it illegal for people who have been convicted of certain crimes to hold union office or employment?

Yes. Section 504 of the LMRDA prohibits individuals convicted of certain crimes from holding union office or employment or serving in other prohibited capacities.

When does the bar end?

The bar ends 13 years after conviction or after the end of imprisonment, whichever is later.

What union offices or positions can a convicted person not hold?

Any officer or employee position such as president, vice-president, recording secretary, financial secretary, treasurer, director, trustee, executive board member, business agent, manager, organizer, or clerical employee.

What are the crimes that result in a person being barred?

…. willfully and improperly transferring funds from a trusteed local to the parent body imposing the trusteeship…



but remember...

Quote:
However, this is far from over, for the complainant (member) has retained legal counsel out of Los Angeles County, in accordance with Section 304 of the LMRDA

http://www.dol.gov/olms/regs/statutes/lmrda-act.htm
(29 U.S.C. 464)

Quote:
SEC. 304. ….Any member or subordinate body of a labor organization affected by any violation of this title (except section 301) may bring a civil action in any district court of the United States in any district court of the United States having jurisdiction of the labor organization…

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Enforcer
Post Posted: Tue Jan 07, 2014 6:04 am

Joined: 05 Dec 2013
Posts: 251


180 views on the YouTube video and nearing 700 hits on this thread in less then 48 hours. not bad.
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John Briley
Post Posted: Tue Jan 07, 2014 3:10 pm

Joined: 21 Nov 2007
Posts: 2167
Quote:


UFCW International Union Executive Board / Advisory Committee Winter Meetings.

Grand Floridian Resort & Spa
Lake Buena Vista, Florida
https://disneyworld.disney.go.com/resorts/grand-floridian-resort-and-spa/

Tuesday, January 21 thru Friday, Janaury 24, 2014


So do you think UFCW I.U. President Joseph Hansen & the rest of the I.U. Executive Committee / Executive Board will have Barclay & or Young on their minds during their meetings?

Quote:
With the bonehead decisions being made by I.U. V.P.'s Barclay (You Tube Video) and Young (recent e-mail), it has become quite clear to me that having just a tiny bit of intelligence, must not be a factor for being selected or continuing to be employed, as a Director / I.U. V.P. within the UFCW International Unon!


Quite frankly both Barclay & Young should be terminated for their actions!

@ President Hansen, our UFCW I.U. Director's / V.P.'s should / must be held to a higher standard.

Barclay & Young's behavior is simply outrageous & unacceptable!!

Do the right thing President Hansen, terminate both Barclay & Young immediately!

As we both know, you and UFCW LOCAL 5 President Ron Lind terminated Roger Rivera for "chicken-shit / politically motivating" reasons which ultimately made Rivera "ineligible" to participate in Local 5's Election Process!
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John Briley
Post Posted: Tue Jan 07, 2014 10:00 pm

Joined: 21 Nov 2007
Posts: 2167
Quote:

As UFCW Member's throughout the United States and Canada start receiving their Dues Increase Notices from their respective Local Unions, compliments of the UFCW I.U. Per Capita Increase, you might be interested in the following.

October 1, 2013:
UFCW Local 5 Notice Of Dues Increase Mandated by the UFCW International Union Constitution.

Dues Increase


So as the UFCW I.U. raises the Per Capita Tax to each and every Local Union in the U.S. & Canada, followed by the Local Union raising our Member's dues to offset the I.U. Per Capita Increase, let's take a look at our Member's Dues Money at work at the UFCW International level!

We've already seen a couple of UFCW I.U. "Brain Warriors" 2012 Salaries.

Quote:
UFCW International Union's DOL LM2 File Number- 000-056.

DOL LM2 Website Link:
http://kcerds.dol-esa.gov/query/getOrgQry.do

2012 UFCW I.U.'S Salaries Reported on behalf of:

Schedule 11. All Officers & Disbursements To Officers.

1. Shaun Barclay ( I.U.V.P.) = $271,094.00

2. Chad Young ( I.U.V.P.) = $200,707.00

Note: Since I do not know the specific policy as it pertains to UFCW Int. V.P.'s Shaun Barclay & Chad Young's expenses, allowances, etc., I will be using their “total amount” of monies listed on each of their LM2 Report's.

Please refer to each respective yearly LM2 report for their “detailed amount” of allowances, disbursements, etc.

I apologize in advance for any inadvertent errors or omissions and the applicable LM2 Report for each individual shall govern.



Now let's take a look at our UFCW International Union President, Secretary Treasurer, including the Executive Committee's 2012 Salaries.

UFCW I.U. Leaders

Quote:


2012 UFCW I.U.'S Salaries Reported on behalf of:

Schedule 11. All Officers & Disbursements To Officers.

UFCW I.U. President - Joseph Hansen = $351,903.00

UFCW I.U. Sec. Treas. - Anthony Perrone = $295,921.00

William McDonough = $330,507.00

Patrick O'Neil = $259,071.00

Wayne Hanley = $303,498.00
National President, UFCW Canada

Note: Paul Meinema recently took over for Mr. Hanley.

Note: Since I do not know the specific policy as it pertains to each of the above mentioned individuals expenses, allowances, etc., I will be using their “total amount” of monies listed on each of their LM2 Report's.

Please refer to each respective yearly LM2 report for their “detailed amount” of allowances, disbursements, etc.

I apologize in advance for any inadvertent errors or omissions and the applicable LM2 Report for each individual shall govern.


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Enforcer
Post Posted: Thu Jan 16, 2014 6:40 am

Joined: 05 Dec 2013
Posts: 251
As we wait to hear what actions will be taken against Shaun Barclay, we must remember that the UFCW International Consitution states that:
Quote:
UFCW International Constitution, Article 9

The trustee shall act under the supervision of the International President...
Which ultimately means President Hansen could also face issues like Shaun Barclay.

The complainant is asking for the maximum punishment by law for Shaun Barclay and anyone else involved in the transaction.

http://www.dol.gov/olms/regs/statutes/lmrda-act.htm
Quote:
Criminal Penalties:

Unlawful Acts Relating to Labor Organization Under Trusteeship

(29 U.S.C. 463)

(b) .... imprisoned for not more than one year....
http://www.dol.gov/olms/regs/compliance/504unionoffholdempl.pdf
Quote:
Is it illegal for people who have been convicted of certain crimes to hold union office or employment?

Yes. Section 504 of the LMRDA prohibits individuals convicted of certain crimes from holding union office or employment or serving in other prohibited capacities.

When does the bar end?

The bar ends 13 years after conviction or after the end of imprisonment, whichever is later.

What union offices or positions can a convicted person not hold?

Any officer or employee position such as president, vice-president, recording secretary, financial secretary, treasurer, director, trustee, executive board member, business agent, manager, organizer, or clerical employee.

What are the crimes that result in a person being barred?

…. willfully and improperly transferring funds from a trusteed local to the parent body imposing the trusteeship…
We were informed that the complainants attorney is just waiting to hear first what the Department of Labor / Attorneys in Washington D.C. have to say. Then the other issues begin for Shaun Barclay and any other involved individuals:

http://www.dol.gov/olms/regs/statutes/lmrda-act.htm
Quote:
(29 U.S.C. 464)

SEC. 304. ….Any member or subordinate body of a labor organization affected by any violation of this title (except section 301) may bring a civil action in any district court of the United States in any district court of the United States having jurisdiction of the labor organization…

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Enforcer
Post Posted: Thu Jan 30, 2014 10:04 pm

Joined: 05 Dec 2013
Posts: 251
With Southern California negotiations taking place soon, something has come to our attention here in Southern California.

Shaun Barclay, Region 8 Director for UFCW will be participating in these negotiations.

In spite of all the issues Shaun Barclay has going on, President Hansen seems to have tasked Shaun Barclay with overseeing the Southern California Negotiations on behalf of the International.

Shaun Barclays Issues at this time:

Department of Labor Investigations,
Quote:
Department of Labor OLMS Los Angeles
915 Wilshire Blvd, Suite 910
Los Angeles, CA 90017

Department of Labor,

My name is ________________ and I am filing a complaint with the Department of Labor. On January 3rd 2008, UFCW 1036 my local union at the time was placed in trusteeship by UFCW International.

In February 2009, while I was a member of UFCW 1036, a transaction was done from UFCW 1036 to UFCW International in Washington D.C. in the amount of $100,000.00. However, UFCW 1036 was still in trusteeship at the time.

The transaction is listed in the 2009 LM-2 report, under “Political Activities and Lobbying” Schedule 16.

I am aware that section 303 of the LMRDA prohibits the transfer of current receipts or other funds of a subordinate body under trusteeship to the parent union except for the normal per capita tax and assessments payable by subordinate bodies not in trusteeship.

Therefore, that is why I am filing my complaint with your OLMS office.

Thank you,




Potential Federal Criminal Penalties Under Title III of the LMRDA:

http://www.dol.gov/olms/regs/compliance/trustreq.htm

Quote:
Prohibited Activities:

Section 303 of the LMRDA prohibits the transfer of current receipts or other funds of a subordinate body under trusteeship to the parent union except for the normal per capita tax and assessments payable by subor dinate bodies not in trusteeship. This prohibition bars a transfer of funds from a trusteed subordinate union to any higher body, including the transfer of funds of a trusteed intermediate body to a higher intermediate body. It does not, however, prevent the distribution of the assets of a union in accordance with its constitution and bylaws upon termination

Criminal Penalties:
Sections 301 and 303 of the LMRDA provide criminal penalties for willful violations of Title III. Any person who willfully violates these LMRDA trusteeship requirements may be fined and/or imprisoned. Willful violations of the trusteeship requirements of the CSRA may result in administrative enforcement action.


Losing his employment and officer position with the UFCW International, if convicted. :
http://www.dol.gov/olms/regs/compliance/504unionoffholdempl.pdf
Quote:
Quote:
Is it illegal for people who have been convicted of certain crimes to hold union office or employment?

Yes. Section 504 of the LMRDA prohibits individuals convicted of certain crimes from holding union office or employment or serving in other prohibited capacities.

When does the bar end?

The bar ends 13 years after conviction or after the end of imprisonment, whichever is later.

What union offices or positions can a convicted person not hold?

Any officer or employee position such as president, vice-president, recording secretary, financial secretary, treasurer, director, trustee, executive board member, business agent, manager, organizer, or clerical employee.

What are the crimes that result in a person being barred?

…. willfully and improperly transferring funds from a trusteed local to the parent body imposing the trusteeship…




The famous YouTube video,

http://www.youtube.com/watch?v=20Ya5G9YlHE (On its way of reaching 400 views)



Upcoming civil lawsuit against him(Shaun Barclay) and the International:

http://www.dol.gov/olms/regs/statutes/lmrda-act.htm
Quote:
(29 U.S.C. 464)

SEC. 304. (a).... Any member or subordinate body of a labor organization affected by any violation of this title (except section 301) may bring a civil action in any district court of the United States in any district court of the United States having jurisdiction of the labor organization…



Last edited by Enforcer on Fri Jan 31, 2014 11:56 pm; edited 3 times in total
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John Briley
Post Posted: Thu Jan 30, 2014 11:56 pm

Joined: 21 Nov 2007
Posts: 2167
Quote:
In spite of all the issues Shaun Barclay has going on, President Hansen seems to have tasked Shaun Barclay with overseeing the Southern California Negotiations on behalf of the International.



I wonder if Mr. Barclay will leave any nasty voice messages on any of the So.Ca. Leader's phones during these So. Ca. negotiations?

If I was a So. Ca. Leader I would disable my phone message capabilites ASAP!
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Enforcer
Post Posted: Fri Feb 14, 2014 7:15 am

Joined: 05 Dec 2013
Posts: 251
We are 13 days away from February 26th 2014, which will mark 5 years since UFCW International Vice President & UFCW Region 8 Director Shaun Barclay broke federal law.



Quote:
Department of Labor OLMS Los Angeles
915 Wilshire Blvd, Suite 910
Los Angeles, CA 90017

Department of Labor,

My name is ________________ and I am filing a complaint with the Department of Labor. On January 3rd 2008, UFCW 1036 my local union at the time was placed in trusteeship by UFCW International.

In February 2009, while I was a member of UFCW 1036, a transaction was done from UFCW 1036 to UFCW International in Washington D.C. in the amount of $100,000.00. However, UFCW 1036 was still in trusteeship at the time.

The transaction is listed in the 2009 LM-2 report, under “Political Activities and Lobbying” Schedule 16.

I am aware that section 303 of the LMRDA prohibits the transfer of current receipts or other funds of a subordinate body under trusteeship to the parent union except for the normal per capita tax and assessments payable by subordinate bodies not in trusteeship.

Therefore, that is why I am filing my complaint with your OLMS office.

Thank you,



http://www.dol.gov/olms/regs/compliance/trustreq.htm

Quote:
Prohibited Activities:

Section 303 of the LMRDA prohibits the transfer of current receipts or other funds of a subordinate body under trusteeship to the parent union except for the normal per capita tax and assessments payable by subor dinate bodies not in trusteeship. This prohibition bars a transfer of funds from a trusteed subordinate union to any higher body, including the transfer of funds of a trusteed intermediate body to a higher intermediate body. It does not, however, prevent the distribution of the assets of a union in accordance with its constitution and bylaws upon termination

Criminal Penalties:
Sections 301 and 303 of the LMRDA provide criminal penalties for willful violations of Title III. Any person who willfully violates these LMRDA trusteeship requirements may be fined and/or imprisoned. Willful violations of the trusteeship requirements of the CSRA may result in administrative enforcement action.



If the complaint had been filed after February 26th 2014, there would have been no investigation. There is a statute of limitations of 5 years for cases such as these.



The complainant and his attorney are still waiting for a response from the Department of Labor, but its coming. This case was so rare, that it raised a lot of questions. More information to follow regarding this.
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Enforcer
Post Posted: Wed Feb 19, 2014 10:00 pm

Joined: 05 Dec 2013
Posts: 251
As we already know, UFCW officials (local union and the international) hate Union Officers Elections.

Exhibit A: http://www.youtube.com/watch?v=20Ya5G9YlHE
(Referred to as the Famous Shaun Barclay YouTube Video – over 425 views)

As stated before in another thread, UFCW 770 has an officers election this year. To help people better understand the exact time left, please refer to the countdown clock: http://countingdownto.com/countdown-page/show/UFCW%20770%20Officers%20Election%7C54a3ad00%7C1

As some of you may remember, Team Enriquez ran a small group of people to run as delegates at UFCW 770 for the UFCW International Convention, which ended up triggering an election at UFCW 770 for the first time in 18 years.
Quote:
In August 2013, The UFCW International Convention will take place in Chicago. At this Convention, elected delegates will charter the future of the UFCW. It is a common practice at UFCW Conventions to raise union dues over a 5 year period, which is commonly referred to as per-capita. Union representatives, directors, and officers would like you to vote for them as delegates, so they can secure their future, with your union dues.
Team Enriquez paid for a mailer to all the grocery stores in UFCW 770 jurisdiction, which stunned UFCW 770. On the flyer it contained the quote above, salaries of UFCW 770 representatives (as much as $109,239), and much more. It caused some tension in the stores for the union representatives; so much that one union representative absorbed all the “trouble stores”:
http://www.ufcw770.org/reps/Solano

Following the Delegates Election and the UFCW Convention Rick Icaza immediately sent out this post card to all UFCW 770 members (knowing he had an officers election coming up and members still upset from the delegates election) : http://www.uncharted.ca/images/users/ssigurdur/ufcw770_dues_note.pdf
Quote:
President Icaza has determined… Therefore he has decided NOT to implement this dues increase for members in your classification at this time.
UFCW 770 has roughly around 30,000 members which in essence means the absorbed increase is costing the local union $1,080,000 a year. It’s obvious that once the officers election is over, the increase could possibly follow if he is reelected.

Shaun Barclay Region 8 Director has an Assistant named Brad Edwards. His wife Laura Edwards works for UFCW 770 as an Executive Secretary to Rick Icaza.

Shaun Barclay, will you be leaving nasty voice messages on anyone’s phone that challenges Rick Icaza?

http://countingdownto.com/countdown-page/show/UFCW%20770%20Officers%20Election%7C54a3ad00%7C1

Countdown Clock

To be continued…
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Enforcer
Post Posted: Fri Feb 21, 2014 10:23 pm

Joined: 05 Dec 2013
Posts: 251
GREAT NEWS!

The complainant has allowed me to share with everyone a portion of a communication he received from the Department of Labor
Quote:
Hello *****,

… you will soon be receiving something in writing from our national office…

- *****

U.S. Department of Labor
Office of Labor-Management Standards
**** District Office
Once the complainant receives the letter, he has been asked by the Ventura County Star and the Los Angeles Times to forward a copy to them.

Now the Fun Begins for Shaun Barclay: Losing his employment and officer position with the UFCW International, if convicted.

http://www.dol.gov/olms/regs/compliance/504unionoffholdempl.pdf
Quote:
Is it illegal for people who have been convicted of certain crimes to hold union office or employment?

Yes. Section 504 of the LMRDA prohibits individuals convicted of certain crimes from holding union office or employment or serving in other prohibited capacities.

When does the bar end?

The bar ends 13 years after conviction or after the end of imprisonment, whichever is later.

What union offices or positions can a convicted person not hold?

Any officer or employee position such as president, vice-president, recording secretary, financial secretary, treasurer, director, trustee, executive board member, business agent, manager, organizer, or clerical employee.

What are the crimes that result in a person being barred?

…. willfully and improperly transferring funds from a trusteed local to the parent body imposing the trusteeship…


http://www.dol.gov/olms/regs/statutes/lmrda-act.htm

Quote:
Unlawful Acts Relating to Labor Organization Under Trusteeship

(29 U.S.C. 463)

(b) Any person who willfully violates this section shall be … imprisoned for not more than one year

http://www.dol.gov/olms/regs/compliance/LMRDAFactSheet.pdf

Quote:
Title V: Safeguards for Labor Organizations

A union or employer may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA.
And FINALLY:
Quote:
However, this is far from over, for the complainant (member) has retained legal counsel out of Los Angeles County, in accordance with Section 304 of the LMRDA
http://www.dol.gov/olms/regs/statutes/lmrda-act.htm

(29 U.S.C. 464)

SEC. 304. ….Any member or subordinate body of a labor organization affected by any violation of this title (except section 301) may bring a civil action in any district court of the United States in any district court of the United States having jurisdiction of the labor organization…
More Information to follow regarding the UPCOMING CIVIL ACTION against Shaun Barclay and other UFCW International Officials

The Famous Shaun Barclay YouTube Video may have a sequel after the letter is made public: http://www.youtube.com/watch?v=20Ya5G9YlHE

Have a great weekend Shaun Barclay.
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John Briley
Post Posted: Sat Feb 22, 2014 7:14 pm

Joined: 21 Nov 2007
Posts: 2167
@ Enforcer.... Thanks for the update.

Based on what you've reported, the following tune "may" be in order for Mr. Barclay in the near future?

Quote:


I thought this was appropriate..

http://m.youtube.com/watch?v=n6RoOwSKI7M


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