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LMRDA Violation: UFCW Shaun Barclay

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Enforcer
Post Posted: Thu Dec 05, 2013 10:04 pm

Joined: 05 Dec 2013
Posts: 148
A complaint has been filed by another Southern California member against UFCW International and the former Trustees of UFCW 1036. The trustees during this time were Shaun Barclay, Arleen Carrow Crocker (now retired in Texas) and Jeff Ferro.

The member who filed the complaint has met with and talked with two Department of Labor Investigators in addition to an intake interview regarding the matter to collect more information. He has been informed that an investigation is taking place.

The member has given me permission to share the complaint letter.
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,
Quote:
http://www.dol.gov/olms/regs/compliance/trustreq.htm

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.
Take a look for yourself, File # 007-779: http://kcerds.dol-esa.gov/query/getOrgQry.do

The transaction is dated February 26th 2009. However, two weeks before that transaction, Shaun Barclay announced to the members of UFCW 1036 he was merging UFCW 1036.

On a final note, there is a statue of limitations, which is 5 years from the transaction. The complaint was filed just within the statue window.

More updates to come.
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John Briley
Post Posted: Fri Dec 06, 2013 1:19 am

Joined: 21 Nov 2007
Posts: 1295
Hey Enforcer...... Welcome.

Interesting character our Regional Director / I.U. V.P. Shaun Barclay is!

Here in Northern California there is an audio tape (answering machine message) floating around left by Mr. Barclay to one of Roger Rivera's team member's during Local 5's first Union Election that gives you the "rest of the story" concerning Mr. Barclay.

Would love to share it.
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Enforcer
Post Posted: Fri Dec 06, 2013 2:14 am

Joined: 05 Dec 2013
Posts: 148
John Briley wrote:
Hey Enforcer...... Welcome.

Interesting character our Regional Director / I.U. V.P. Shaun Barclay is!
.....


Would love to share it.



And we would love to hear it!
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John Briley
Post Posted: Fri Dec 06, 2013 3:53 am

Joined: 21 Nov 2007
Posts: 1295
For those of you who may not know Shaun Barclay our Regional Director / I.U. V.P., here is a video from Mr. Barclay during our Raleys / Nob Hill Strike in Northern California.

http://m.youtube.com/watch?v=FR1EpFcWnJs&desktop_uri=%2Fwatch%3Fv%3DFR1EpFcWnJs
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Enforcer
Post Posted: Fri Dec 06, 2013 11:02 pm

Joined: 05 Dec 2013
Posts: 148
John Briley wrote:
For those of you who may not know Shaun Barclay our Regional Director / I.U. V.P., here is a video from Mr. Barclay during our Raleys / Nob Hill Strike in Northern California.

http://m.youtube.com/watch?v=FR1EpFcWnJs&desktop_uri=%2Fwatch%3Fv%3DFR1EpFcWnJs



That video was recently deleted.


Last edited by Enforcer on Sat Dec 07, 2013 11:31 am; edited 1 time in total
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Enforcer
Post Posted: Fri Dec 06, 2013 11:44 pm

Joined: 05 Dec 2013
Posts: 148
I was asked what are "possible" punishments for violating Section 303 of the LMRDA.


I am not an expert in that area, However these quotes come directly from the Department of Labor:


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 fined not more than $10,000 or imprisoned for not more than one year, or both.



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.

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Enforcer
Post Posted: Sat Dec 07, 2013 12:00 pm

Joined: 05 Dec 2013
Posts: 148
In addition to everything else that has been posted here, this is what else that can be done in regards to civil action according to the Department of Labor:


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


Quote:



(29 U.S.C. 464)


SEC. 304. (a) Upon the written complaint .... the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred ....., without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) .... 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 for such relief (including injunctions) ....

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Enforcer
Post Posted: Mon Dec 09, 2013 5:43 pm

Joined: 05 Dec 2013
Posts: 148
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 for such relief (including injunctions) ....



Hold that thought. To be continued!
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Enforcer
Post Posted: Wed Dec 11, 2013 5:37 am

Joined: 05 Dec 2013
Posts: 148
Enforcer wrote:
John Briley wrote:
For those of you who may not know Shaun Barclay our Regional Director / I.U. V.P., here is a video from Mr. Barclay during our Raleys / Nob Hill Strike in Northern California.

http://m.youtube.com/watch?v=FR1EpFcWnJs&desktop_uri=%2Fwatch%3Fv%3DFR1EpFcWnJs



That video was recently deleted.


Now that the video is back up, please take a look.


Many may still be asking: Who is Shaun Barclay?



Here is an old article I found from UFCW 99 about Shaun Barclay

http://www.zoominfo.com/CachedPage/?archive_id=921282020&page_id=533050194&page_url=//www.ufcw99.com/hot_news.htm&page_last_updated=2004-09-04T04:29:32&firstName=Shaun&lastName=Barclay


Quote:
Former Local President Barclay Named New Regional Director


Shaun Barclay is the new director of UFCW Region 8. The region encompasses Utah, Nevada, California, Arizona and Hawaii.


Barclay previously served as director of UFCW's Region 5 in the southwestern United States and before that as President of Local 99. In his new position he replaces William T. McDonough, who became the union's new International Executive Vice President and Director of Organizing.


Barclay was born into a family of union activists. His mother was in a teachers union and his father was on a committee of auto workers who organized General Motors.


"Life could get tough for union people in those days," Barclay recalled. "Employers would attempt to starve their workers to keep them from striking. I remember many vegetable soup meals made from the vegetables grown in our own garden."


Auto workers pushed GM for reforms on hot issues like company- furnished work clothes, air conditioning and proper ventilation, lunch break areas with picnic tables and restrooms, and seniority provisions.


"The workers at my father's plant used to grab cardboard boxes and eat off the floor before they won a contract requiring the company to furnish picnic tables and break areas," Barclay said.

There was no work-week guarantee. His father was required to go to work in the morning, check in and then was sent home because there was no work. Some weeks he would get no hours and some weeks he would only get four hours. He never knew.


"This was tough for our family with one wage earner and four kids to support," Barclay said. "I have many memories like these that make me grateful to Organized Labor."


Barclay started his own career at Safeway in 1968 while attending high school in Kansas City, Mo. At 19, he became shop steward and shortly thereafter was put on the bargaining committee for Local 782, which is now Local 2 of the UFCW.


In 1978, the Kansas City Local had just settled a contract and Barclay was asked to work for the UFCW International. He was hired as an organizer and worked for the International in a number of capacities.


While stationed in Dallas, Texas, his first campaign assignment was in New Mexico, organizing health care workers.


"I couldn't believe it," he said. "We lost the election by four votes. The workers' wages were well below the average. They had no pension and no health benefits, and they still voted against the union.


"It was an eye-opening experience" he said. "I learned right away that organizing wasn't going to be easy work."


Barclay enjoyed his biggest organizing win when he was President of Local 99 (1990-1993), where he played a crucial role in organizing Smith's and Smitty's stores. This victory increased the Local's membership from 6,000 to more than 12,000 in just 30 months.

After Arizona, Barclay went back to work for the International in many capacities. He was named Region 5 Director in February 2000 and served in that capacity until March 2004.

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Enforcer
Post Posted: Wed Dec 11, 2013 6:34 pm

Joined: 05 Dec 2013
Posts: 148
Questions for Shaun Barclay, Former Trustee of UFCW 1036.


These are questions and ONLY questions.


You proposed a merger with two neighboring unions (UFCW 8 Golden State and UFCW 770) around February 2009.


1. Why did you approve, as trustee, the purchase of a new $41,600 vehicle, while you were in the process of merging UFCW 1036 into different local unions?


http://kcerds.dol-esa.gov/query/getOrgQry.do File #007-779


Under SCHEDULE 4 - PURCHASE OF INVESTMENTS AND FIXED ASSETS in the UFCW 1036 2009 LM-2 Report:


Automobile: $41,600 (Paid in Full)


2. What type of vehicle was it?

3. What dealership was the vehicle purchased from?

4. Who drove that vehicle while UFCW 1036 was still in existence?

5. Where is the vehicle now?


The complaining party regarding the Section 303 LMRDA violation by Shaun Barclay, has filed another complaint against the former UFCW 1036 Trustees regarding this vehicle.


Again Shaun Barclay: WHY?

Why did you approve, as trustee, the purchase of a new $41,600 vehicle, while you were in the process of merging UFCW 1036 into different local unions?

It makes no sense.


http://kcerds.dol-esa.gov/query/getOrgQry.do File #007-779


Next we will look at the UFCW 1036 2009 LM-2 report and compare them to the merger agreement(s) and documents.


To be definitely continued.
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Enforcer
Post Posted: Thu Dec 12, 2013 12:50 am

Joined: 05 Dec 2013
Posts: 148
So on Google I typed in "UFCW Wikipedia" and take a look on what it says on the UFCW Wikipedia page:

http://en.wikipedia.org/wiki/United_Food_and_Commercial_Workers


Quote:
UFCW International Employees Violating Government Law (LMRDA)


On October 22, 2013, Department of Labor OLMS accepted a voluntary compliance agreement with United Food and Commercial Workers (UFCW) Local 5 (located in San Jose, Calif.), concerning the challenged election of officers conducted on September 4, 2012, as well as the March 22, 2013 re-run election ordered by the International union. The union agreed to conduct a new election, including new nominations, for the offices of president, secretary-treasurer, recorder, and vice-presidents 1 through 31 under OLMS supervision. The investigation of the challenged election disclosed that union resources were used when the UFCW International President sent a campaign letter to various UFCW officers soliciting contributions and his executive assistant obtained the recipients’ addresses while on union time. The agreement follows an investigation by the OLMS San Francisco-Seattle District Office.[17]



A UFCW member in Southern California filed a complaint in 2013 with the Department of Labor of Office Labor Management Standards against former UFCW 1036 Trustees for illegally transferring $100,000.00 from the local union to UFCW International in violation of Section 303 of the LMRDA.
[18]



That was fast!
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one of the others
Post Posted: Thu Dec 12, 2013 1:19 am

Joined: 14 Apr 2013
Posts: 597
S Ca. Check out the status (critical) of your pension plan--courtesy of the DOL. Line 168 (drug) and line 169 (food). Southern California trust is in worse shape than N. Ca.--although both are critically underfunded. Clink on those lines (168 $ 169) and it will give you the rehab plans.
As a member, you have a federally protected right to review all the checks your local writes. I believe as a member of your local you are allowed to have all the financial information you request. Write a letter to your union president, or whoever is in charge, and request they show you the books or ask them where the car is, etc. They won't like it, but they can't refuse that request (actually, they can refuse anything--but legally, they can not). As a dues paying member, you have more rights than you may know. It will bring you a considerable amount of unwanted attention, though. At some locals, leaving presidents take automobiles with them.
Also, I heard that the president of that local never took a vacation and had them on the books (30 years plus!) waiting for him at the end of his run.

http://www.dol.gov/ebsa/criticalstatusnotices.html

I forgot to add the link--here it is.

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one of the others
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Enforcer
Post Posted: Fri Dec 13, 2013 10:48 pm

Joined: 05 Dec 2013
Posts: 148
Quote:
The transaction is dated February 26th 2009. However, two weeks before that transaction, Shaun Barclay announced to the members of UFCW 1036 he was merging UFCW 1036.



In this video, you will see that on February 18th 2009 Shaun Barclay proposed the merger to the stewards at the stewards seminar. Time Stamp 1:53 in the video states that.


http://www.youtube.com/watch?v=7WkzLacFU-U


But on February 26th 2009, Shaun Barclay transfers out $100,000 to the UFCW International, which in essence violated Section 303 of the LMRDA.


Section 303 was created to keep International Unions from "raiding" local union treasuries. For the trustees are employees of the International Union and are also the signers of the checks once the local charter is put into trusteeship.


That is why we have Criminal Penalties for violating section 303 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.


Im told the video was submitted into evidence during the intake interview with the Department of Labor Investigators.
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Enforcer
Post Posted: Wed Dec 18, 2013 4:10 am

Joined: 05 Dec 2013
Posts: 148
I was informed today that the member who filed the complaint was put in contact with a local newspaper here in Southern California and will be meeting in person soon with one of the reporters.




Merry Christmas to Shaun Barclay and the former trustees!
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Enforcer
Post Posted: Thu Dec 19, 2013 9:07 pm

Joined: 05 Dec 2013
Posts: 148
Great News!

We were told that this case, regarding Shaun Barclays illegal actions of removing money from UFCW 1036 is now in Washington D.C., with the Attorneys for the Department of Labor/Department of Justice.

Investigation is complete.

I am not an expert in this area, However these quotes come directly from the Department of Labor:

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 fined not more than $10,000 or imprisoned for not more than one year, or both.


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.

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