Law Office
LEE A. HOLLEY
Suite 101, IBEW Building
2700 First Avenue
Seattle, Washington 98121
(206) 623-1241
August 24, 1974
Bremerton Metal Trades Council
P. 0. Box 448
Bremerton, WA 98310
Attn. Mr. Bill Holt
Dear Bill:
In accordance with advice from a number of the employees and shop stewards, it would appear that management is attempting to encourage some delegates to the Metal Trades Council to terminate my services. Of course, if we can find specific instances of this, it is important evidence in our pending case, and a separate basis of charges.
I would like you to advise the delegates, through you, that if they feel there is not need for legal counsel, that it would be certainly wise to curtail this expenditure. However because of the many matters, too detailed to account, that you and I are aware of, it is my experience that the problem is that there are innumerable legal problems, more than one lawyer could handle, and the real problem is determining which area to give. priority. The real question is whether the Council wants to be a real union, or simply another arm of the Yard, in stifling employees.
The matter of greatest priority is, in my opinion, showing the many employees, who have experienced the past closeness to management aims, that the Metal Trades Council does genuinely care about problems and wishes to see that employees are protected. Once this is done, employees will join the union.
Secondly, I believe it would be a good time to outline some of our accomplishments through the Compensation Clinic, and in our own efforts, this past month and a ,half, have accomplished.
While not purporting to show a complete list, the following are cases that have been resolved in the compensation area:
Frank Rush, hearing award of $10,636.80.
Frank Rush, cervical spine disability award of $714.66 per month as well as medical treatment, continuing for life with cost of living increases, at a probable value far in excess of $150,000.00.
Waldermar Henning, a hearing award of $9,634.80..
Lawrence Safly, disability award of $630.78 for life with cost of living increases and medical expenses, with a potential value of well over $100,000.00 and a number of other claims pending.
John Parker, with a number of other claims pending, a 10% leg disability award of $1,020.94.
Daniel B. Culley, a hearing award of $25,622.00.
William J. Steele for back, arm and ankle disability with a back disability award of. $4,290.00 as well as $571.68 a month for life with cost of living increases and medical assistance.
Charles E. Satterwaite, a hearing loss award of $12,120.00 and an increase of $720.00 on appeal.
Oscar Hooser $5,810.00 for a hearing loss.
George Gettle, a back compensation award of $8,027.88, with probability of continuing benefits.
Chester J. Hanson, a hearing award of $7,082.40 with probability of more hearing loss as well as numerous other benefits from other claims, including civil service retirement and permanent disability.
Erven Watson, Jr. for hearing loss initially $5,022.82, increased an additional $627.98, with an additional probable increase at a later date.
Albert B. Shields for a hearing loss $5,810.00, with numerous other claims still pending which will result in total disability and other scheduled awards.
George A. Thibeault, for recurrence of disability, continuing benefits monthly in excess of $800.00 but exact figure not available now.
Harry P. Phillips for permanent disability due to back and psychiatric injury of $620.36 per month for life with a probable value in excess of $225,000.00 due to his age.
Emil Jackovac, for permanent disability, a back award up to 1973 in excess of $15,000 with a continuing claim pending for scheduled and disability awards.
Telene Harris, back award in excess of $1,200 with recurrent disability continuing.
We note that there are approximately 60 more cases in the process of adjudication that will, in the very near future, result in substantial awards. We contrast the above result, when taken over an 8-year period, and suggest that they significantly exceed the report of the Shipyard in March of this year that over the previous 8-year period from March of this year, which would include. some of the work already counted, there was only a total of two and a quarter million dollars of claims paid altogether, at an average of a little over $8,000 a claim. It would appear that 10 permanent disability awards would far exceed this total amount.
There are currently pending approximately 225 permanent disability cases among about a 150 employees, that are being handled, the great bulk of which come through the compensation clinic.
In addition, numerous cases have been handled in appealing denial of civil service benefits for disability or in assisting employees in obtaining disability benefits. You know of many of these including: Woodrow Hooser, Wilfred LaFrance, Earl Hines and a number of others whose records I have not kept separate and apart from the compensation claims.
In addition there have been a number of grievances handled, including the internal adverse action appeal of Stanley Cichocki resulting in his reinstatement into the apprenticeship program, regarding alcoholism. A compensation claim was also pending in that regard, and is being processed. You are aware. of the attempted removal actions regarding Steve McDaniel, Jerry Thurston and Michael Dunn, and the assistance rendered on the unfair labor practice case regarding the improper management interference through Mr. Warner, in the election process of the Union while holding a high management job.
Currently we are assisting in processing the unfair labor practice actions of Mr. Longmay, and of the Shipyard generally in seeking to interfere with the stewards' meetings by not allowing my presence. It is my understanding that a great many employees have become frightened because of the Shipyard interference, and with good reasons. The illegalities that are being perpetrated against you are frightening. However, this is your time to determine if you want to continue being frightened or if you want to see that the law is followed. This is up to you.
We are also working at the present time on grievances regarding Gerald Baker, for protection of illegal actions by the supervision, violations of regulations by supervision regarding the case of Forrest Cobb, and the radiation matters are in investigation. We have also done a great deal of work with the chemist regarding the illegal environmental factors at the Yard.
There are many matters that have not yet been undertaken but which are recommended:
1. An action regarding the illegal contracting out.
2. An action regarding the illegal-environmental factors at the Shipyard.
3. Further implementation of the survey on supervision performance as well as physicians` abuse or care for blue-collar workers.
If you have any questions regarding the status of these matters, please let me know. In the meanwhile I strongly recommend that you hold a meeting following Labor Day, after work, on September 4, 1974. Any persons that want to bring matters
up to me, are warmly invited. In the meanwhile I seek your assistance in attempting to curtail the management inspired back fighting and devious conduct that does go on.
Respectfully submitted,
Lee A. Holley
dk
P.S. Bill, I neglected to mention Wil La France's benefits, of disability for life as well as civil service disability won, because the figures are not yet final. My quick calculations of benefits already paid, excluding civil service and salary benefits won, are $125,977.76; the same calculation factors. for benefits won and not yet paid are: $1,013,161.90 to date. We have claims filed which are estimated for the employees, lifelong, at well over twenty million dollars. You can see that this is a substantial matter. Also, in review, I see that I neglected to list another $9546 paid to Howard Mulkey for wrongfully terminated disability, with a lifetime potential well over another $100,000.