It is one thing to bloviate and self toot embellishments. It is another to sweep issues of trust and accountability along with dust under the carpet. The issue raised of double dipping can not be simply brushed off as a benevolent gesture of extending so called “terminal leave.” LM 3 Reports are public records. Those reports signed by Tony McKinnon himself state that Tony was paid by two labor organizations.
To be clear, Tony has not been charged with anything by anyone. However, the explanation of “terminal leave” paid for an extended period is a stretch at best. An examination of Tony’s Local Constitution and the facts do not readily lend credence to the explanation.
No. 1- Article 7 Sec. 1 requires the Local President’s strict observance of the Local’s Constitution & By-Laws. There are NO provisions for a “leave of absence” or “terminal leave” in the Local Constitution or By-Laws. Tony not only admits he was/is the Local President, he signed legal DOL documents as the Local President.
No. 2- Article 7 Sec. 1(b) makes the President responsible for the day to day operation of the Local. Section L. of that Article states the President can delegate any of his duties to any representative as he deems necessary.
No. 3- Article 7 Sec. 1 (m) states the President’s salary is equivalent to PS Level 6 Step O with all benefits including, but not limited to, retirement, health benefits, life insurance, annual and sick leave and social security will be paid by the local.
No. 4- Article 10 (Compensation) does NOT provide for “terminal leave”. But, Section 3 states… “time spent by Officers, Stewards and members in the performance of necessary union duties, and the loss of retirement payment, sick leave and annual leave in the performance of such duties, shall be compensated for by the local, excluding days off, at the individual’s regularly hourly rate of pay,….upon the approval of the Executive Board.” If, as the Executive Board letter posted on 21 CPW indicates, Tony would not be involved in the day to day operations, then he certainly was NOT performing the necessary duties of President as prescribed by the Local Constitution.
There is NO provision for a Leave of Absence to serve at the National level.
No. 5- Article 11 Sec. 5 states: “NO MEMBER SHALL BE ELIGIBLE TO RUN FOR OR HOLD MORE THAN ONE (1) ELECTED OFFICE.”
According to the 2014 LM 3 Report signed by Tony McKinnon on 3/25/15, Tony received a salary from the Local of $36,386. Item No. 16 of the LM Report requires the Local to report any officer who was paid $10,000 or more by the organization and also received $10,000 or more as an officer or employee of another labor organization. The LM 3 Report reflects a “Yes” response to the item. That same report shows the Executive Vice-President was paid Zero (0).
According to the 2015 LM 3 Report signed by Tony McKinnon on 1/22/16, Tony received a salary from the Local of $28,800. Again the Executive Vice-President received a salary of Zero (0).
No. 6- Article 7 Sec. 2 states that the Executive Vice-President shall perform the duties of the President in his/her absence. There are NO provisions for a “leave of absence” or for “terminal leave”. Tony McKinnon, by his own signature as “president” on the LM Reports DID NOT leave NOR was he absent, or was he?. Yet, he paid himself local money in excess of $10,000 a year while he was a full-time National Officer earning $121,325.03 per annum.
Yet, the Local Constitution prohibits members from being eligible to run for OR HOLD more than one (1) elected office. The same Local Constitution requires the Local President’s STRICT OBSERVANCE of the Local Constitution.
SO WHAT?!? Hey, if the Local is ok with it, what business is it of anyone? Well for one, was Tony entitled to pay himself “Terminal Leave”? Did he leave? Did he perform the day to day operational duties of the Local President? More important, are there specific provisions in the Local Constitution that addresses the accumulation, payment and liquidation of unused annual leave?
The answers to those legitimate questions is seemingly-NO! But, let us, for the sake of decency, give Tony the benefit (no pun intended) of the doubt. Still, his Local Constitution can not conflict with the National Constitution.
Pursuant to Article 19 Sec. 3(b) of the National Constitution Tony was entitled to be paid no more than fifteen (15) days of unused annual leave in anyone year prior to leaving office. And could only be paid for the days of unused annual leave accumulated. This subsection (b) will apply to any subordinate body if the constitution of the subordinate body does not specifically address the accumulation, payment and liquidation of unused annual leave. But wait, Tony did not leave office. Nor are there local constitution provisions that permit a “leave of absence” or “terminal leave.”
Pursuant to Article 19 Sec. 3 [c] of the National Constitution Tony is NOT entitled to ANY re-imbursment for unused sick leave at anytime during an officer’s service to the local union or upon leaving office with the Local Union since such reimbursement is NOT specifically enunciated in the Constitution of Tony’s local. But again wait, Tony did not leave local office. Nor are there local constitution provisions that permit a “leave of absence” or “terminal leave.”
If the Exec. VP performed the constitutional duties of the absent Local President, as required by Article 7, he received no reported salary!
MAYBE THERE IS ANOTHER TONY TALE OR TWO TO BE TOLD. BUT, IN REALITY IT IS ALL REALLY TOO BAD!!
First Name: Omar
Last Name: Gonzalez
Union/Local: Greater L.A. Area Local
Office held if any: Member