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John Lund

Former SEIU and IUOE Official, Big Labor Consultant, Former Pacific Northwest Labor College Director, and Former University of Wisconsin School for Workers Director (currently on unpaid leave from the School for Workers)

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APPOINTMENT: U.S. Department of Labor (DOL), Office of Labor-Management Standards (OLMS) Director

Current Responsibilities:  Overseer of labor union financial reporting and disclosure, union officer conflict-of-interest reporting, and certain employer activities; he is responsible for criminal investigations regarding issues under his oversight such as labor union financial irregularities and embezzlement.

Past and current non-DOL employers:  Lund is currently on unpaid leave from his other employer, University of Wisconsin’s School for Workers. The School for Workers is a taxpayer-supported institution with its primary function is to serve as a training center for union officials, such as the union organizers who ginned up the tension in Madison, Wisconsin and across the U.S.

It is reported that, from 2004-2007, Lund worked closely with the AFL-CIO “on [union] financial accountability and transparency issues.” These are the issues Lund currently controls at DOL.

He has been a consultant for the AFL-CIO, the Teamsters, BLET , and IUOE, to name just a few. In his position of union trainer and consultant, Lund worked directly with many of the union officials who has recently rewarded with reduced reporting and disclosure regulations that he has instituted during his tenure at DOL. Lund is also in charge of the DOL office which investigates embezzlements and union election fraud, giving Lund the conflicting responsibility for making decisions about union officials he has trained and advised. In addition, Lund oversees union audits and he is now privy to DOL’s labor union auditing and criminal investigation techniques. Soon he will be back teaching these same union officers how to navigate around DOL audits. (more…)

"Threats and Intimidation"

It’s not hard to imagine these tactics used to get workers to sign a Card Check:

A  former organizer for Operating Engineers Local 17 on Wednesday became the first person to plead guilty in connection with a labor racketeering case filed against construction union officials almost two years ago.

James L.  Minter III admitted that he engaged in a decade-long conspiracy, using threats, harassment and extortion against nonunion construction workers and companies throughout Western New York.

The 38-year old Buffalo man pleaded guilty Wednesday morning to a felony charge of racketeering conspiracy, appearing before U.S. District Judge William M. Skretny.

Illegal hardball tactics by Local 17 added millions of dollars to the costs of construction projects in the region over a 10-year period, according to federal prosecutors and agents.

Over the years, members of the local have been involved in disputes with nonunion contractors at many major construction sites in the region, including Ralph Wilson Stadium, Roswell Park Cancer Institute and Buffalo State College.

Under advisory sentencing guidelines, Minter faces a possible prison term of at least four years and three months.

Minter admitted that he engaged in vandalism and intimidation against officials of five companies — Zoladz Construction, Environmental Strategies, Ontario Specialty Contracting, Ecology & Environment and Earth Tech — on several occasions between 2002 and 2005.

Minter’s plea deal is the first major development in the case since April 2008, when federal prosecutors charged Minter and 11 other union members and leaders with labor racketeering crimes.

The alleged crimes ranged from death threats and stabbings to pouring sand into the gas tanks of trucks owned by nonunion construction workers.

“He’s pretty much taken responsibility for his actions since the day he was charged,” Minter’s attorney, Andrew C. LoTempio, told The Buffalo News after Wednesday’s court session.

“The amount of time he was facing — about 20 years — if the case went to trial and he lost, made this an easier decision for him.”

LoTempio said he is aware that several other men charged in the case are also contemplating taking guilty pleas.

“In every case, we’re open to reasonable dispositions, if they take into account the seriousness of the crimes and the rights of the victims,” Assistant U.S. Attorney Charles B. Wydysh said.

Wydysh and LoTempio declined to comment on whether Minter will testify against other union officials if other defendants go to trial.

Local 17 was investigated for years by agents from the Buffalo offices of the FBI and the U.S. Labor Department.

Underfunded Union Pensions

After bashing everyone else for decades regarding pension funding, the Washington Examiner has discovered:

Almost half of the nation’s 20 largest unions have pension funds that federal law classifies as ”endangered” or in “critical” condition due to being underfunded, an Examiner review of federal actuarial reports shows.

Pensions with less than 80 percent of the assets needed to cover present and projected liabilities are considered “endangered,” while those that fall below a 65 percent threshold are classified as “critical” under the Pension Protection Act of 2006.

Unions are required to file 5500 forms that record the financial health of their retirement plans, show that union pension funds have lost their financial footing over the past several years.

Eight of the largest unions have underfunded plans, according to the most recent 5500 reports, including the Service Employees International Union (SEIU), the United Food and Commercial Workers (UFCW), the International Brotherhood of Electrical Workers, the Laborers International Union of Northern America, the International Association of Machinists, the United Brotherhood of Carpenters, the International Union of Operating Engineers, and the National Plumbers Union.

The average union pension has resources to cover only 62 percent of what is owed to participants, according to the Pension Benefit Guarantee Corporation (PBGC). Less than one in every 160 workers is covered by a union pension with required assets.

These figures demonstrate that the liability challenge to the long term of health of union funds is systemic and across the board, said Brett McMahon, vice-president of Miller and Long, a Maryland-based concrete construction company.

Demographics figure prominently in the erosion of pension assets now that a smaller percentage of union workers are available to support an expanded group of retirees, McMahon said. Only 7.6 percent of private sector employees are members of a labor union, according to the Bureau of Labor Statistics.

The growing number of local and national union pensions that lack sufficient resources to cover their obligations could threaten the retirement security not just of union members, but also non-union employees if the proposed Employee Free Choice Act (Card Check) becomes law as currently written, McMahon said.

The Card Check legislation includes provisions both to abolish secret ballots in union representation elections in the workplace and to require a binding arbitration process that greatly favors unions, McMahon said.

 ”It’s like the Social Security problem on steroids,” McMahon said. “We are talking about a systemic, demographic problem where there are too few people paying in and the plans can’t earn enough returns to make up for the difference.”

McMahon believes “union members are not being told the truth about the condition of their retirement plans. The danger to non-union workers comes in with Card Check because there is nothing in it that prohibits an arbitrator from shoving companies and workers into these underfunded plans.”

Diana Furchtgott-Roth, a senior fellow with the Hudson Institute, is encouraging EFCA critics to focus more attention on the arbitration side of the bill in addition to “card check” for this same reason.

Multi-employer pension plans that are typically negotiated by unions should be of particular concern because they have less federal insurance than single-employer pension funds, McMahon pointed out. The PBGC only guarantees $12,870 in annual payments to a member of the multi-employer plan in contrast to $54,000 for members of a single-employer plan.

If anything, the current 5500 records vastly understate the deteriorating condition of union pensions because they do not include the stock market drop from last year, James Sherk a labor expert with the Heritage Foundation points out. Reports are typically not filed for more than 12 months after the end of a plan year.

 ”There are a lot of red zone notices going out now for funds that fell under the critical percentage for liabilities with the market meltdown,” he said. “This would not be evident under the most recent 5500s because they only cover through 2007.”

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Posted in: Forced Dues, Pension Funds, SEIU