My Life and Times

Safety
Frank Migliaccio, Executive Director
Tel: (202) 383-4829
Fax: (202) 347-5256
Email: fmigliaccio@iwintl.org



Dear Mr. Migliaccio,

I am forwarding this documentation to you in the belief that there is some point at which members of our organization have internalized the fundamental principles of fairness and decency. What you see before you in these documents represents the complete betrayal of all the principles and doctrines upon which our organization was founded and to which so many of the men in our organization have dedicated their lives.

Please advise what steps are to be taken to remedy this grave injustice and to assure that such actions will not be repeated in the future.

Sincerely and Gratefully Yours,

Michael P. Whelan

P.O. Box 13963

Las Vegas, Nevada

89121



February 4, 2004

Mr. Chuck Lenhart

Business Agent

Ironworkers Local 433

100 Shiloh Drive,

Las Vegas, Nevada

89110



Dear Mr. Lenhart,

I promise you this if nothing else Mr. Lenhart, I will speak and write and communicate about this matter until there is a resolution which will now and forever be set down as an example for future generations. Those Ironworkers in Local 433, Las Vegas can defend their contract and conditions without the fear of betrayal and punishment from those they believe to be the persons designated to defend them. I vow here and now that this injustice will not go unanswered or unknown.

Words cannot adequately describe the pain and sadness your lack of support and concern have caused my family and myself. As you may or may not be aware, I am a single parent with primary custody of my daughter Olivia Frances, age nine today, and Michael Patrick, age seven on February 12. The daunting task of providing for them the stability and continuity they require is one that I willingly and gratefully undertake. It becomes more difficult when you consider that their Mother has been married and divorced while giving birth to another child, Joseph age 2. Her ex husband and father of Joseph beat her senseless in front of my son Michael prior to their divorce in 2003, after less than one year of marriage. Currently she is once again pregnant, the father of this child having already returned to California. This baby will be delivered in June .I might also inform you that all of this disruption, dysfunction and instability have been my children’s burden to endure in the course of less than three and one half years. You may ask what relevance this contains in relationship to the matter of this letter. It serves to emphasize the unseen damage and suffering that is a component of the lack of dedication to detail where matters of livelihood and responsible representation are concerned. The instability that would be created in the lives of my two minor children should I be incapable of providing for them would be a tragedy of equal proportions to the one that has already befallen me in my most recent encounter with you as the Business Agent of Local 433, in Las Vegas.

I have enclosed a very detailed copy of the events as they transpired in late December 2003. There is contained within that document a very clear and careful recounting of the events as witnessed by myself and the other members of our local, as well as the employees of Olsen Beal Contractors, 1490 West 200 South. Lindon, Utah. 84042 (801) 785-8883. email.info@olsenbeal.com. I am completely astonished that you have experienced the unfolding of these events in tandem with myself and yet have found no reason or motivation to have conferred or communicated with me in any way with regards to the outcome of this matter. As you are well aware, it was always my concern to observe very carefully the reaction and or intentions of this company in regards to my being rehired for the second phase of this project, which had been scheduled for early January. I had limited contact with you excepting for several phone calls made from me to you to ascertain when this project was to be undertaken. It was postponed for some time later than expected, ultimately to take place over the weekend of January 16-18th. Between the final meeting in your office on December 23rd, and up until January 14th when you assured me there was no problem between myself and the management of Olsen Beal, You reiterated that my option to be rehired at this project was as always secured.

On January 14 we spoke by phone. I questioned you as to the status of this project. You explained that you had no specific knowledge as to when the project would be undertaken. You were in no way able to even project a tentative start date. I questioned you specifically regarding the status of my particular circumstances in relation to OlsenBeal. You responded in your usual inconsonant manner convincing me that there was no reason whatsoever for me to be concerned about returning to the OlsonBeal project. You cannot ever know the deepest sense of betrayal and disappointment that coursed through my heart when you casually informed me on Friday, January 16. that you had received a letter dated January 5th from Olsen Beal, tersely stating “ Michael Whalen (mispelling) is not eligible for rehire with OlsenBeal.” I was dumfounded and shaken. How could you have held this critical letter in your office, filed it and then completely forgotten about it.? The fact that it was filed recommends that you must have read it to put it in some file where it would have been recovered to be deployed for your conversation with me on the aforementioned Friday morning. I will ask you to please try to be honest and admit that it is next to impossible for anyone familiar with the energy and magnitude of this incident to believe that you could have in fact received a letter specifically relating to the matters discussed in the enclosed document and completely lost track of this critical item, even while I annoyed you with weekly phone calls, to you and to Joy, your Secretary, asking always the same question whether just such a document had been delivered. The words you used to excuse yourself on the Friday before the job commenced were, “it somehow got by me” You matter of factly informed me that the job had been manned and I would not be participating in any way. Forgive me sir, but that day was one that is remembered forever in my mind as the day when I became so broken in spirit for the cavalier demeanor with which you informed me that I would be sanctioned for doing what any Ironworker would be proud to have had their son or daughter accomplish. I stood up for the contract to be honored, nothing more. I was subjected to the verbal assaults of the company representative, and quite frankly sir, I was hardly made to feel gratified by your response in any way shape or form. What I had done was what your Business Manager Mr. Garner had asked me to do subsequent to your election. I called him to introduce myself, and offer him whatever support he felt he needed to make his newly elected team a success. He asked me at that time to support you in any way possible. I have given you the support asked for.. I have demonstrated my loyalty and determination to defend the hard won and carefully negotiated terms of our agreement, only to find that you have neglected to offer me even the slightest modicum of support, confidence, reassurance, or BROTHERHOOD. Your actions leave me deeply saddened and bitterly disappointed. I have waited until now for this letter to be put forth, hoping that you would contact me with some possible explanation or rationale. I have heard not one word from you from that Friday morning until now. You have hurt my family and myself deeply. Financially, there is serious disruption to our countenance and once again the lesson seems to be unmistaken. Whenever a contractor does not comply with the Agreement Book, simply keep your mouth shut and do as you are told, or else you will wind up like Michael Whelan.

Regretfully,



Michael P. Whelan




The events concerning Ironworkers employed by OlsenBiel in
Las Vegas, Nevada.



December, 2003 and January 2004.


Compiled and written by Michael P. Whelan.

P.O. Box 13963

Las Vegas, Nevada.

89112 702- 682-2055
December 29, 2003


My name is Michael P. Whelan. I was born August 22, 1952 in Jersey City, New Jersey. I was raised as the oldest of six children, four boys and two girls. I have been extremely fortunate to be raised in a very proud and well-respected family with a very long and distinguished record of public service.



My father Thomas Whelan was the Mayor of Jersey City from 1963 until 1971. My Uncle George Whelan was the Chief of Police during this same period. My father’s brother was A Passionist missionary in China and later in Jamaica, where he is buried. My two aunts became Dominican Nuns, and served as educators in many schools in New Jersey. My aunt, Sister Michaeleen was the Chairman of the French Department at Caldwell College for Women in New Jersey. She is buried there on the grounds of the College. My aunt, Sister Rose Marie resides now in a nursing home for Convent Dominicans in New Jersey. She retired after a very distinguished career as an educator throughout New Jersey.



I am an Ironworker with membership in Local 433, working from Las Vegas, Nevada. I have worked in Las Vegas since 1995, first with Local 416, and later transferring to Local 433 in 1997. I have been involved with nearly every major project put forth in Las Vegas during the above-mentioned years, including New York New York, MGM Expansion, Belaggio, Aladdin, Venetian, Federal Building, Caesar's Palace, Turnberry Towers, Sands Convention Center, Rio Hotel, Circus Circus, and Mandalay Bay Hotel Casino and Convention Center. During this time I have been witness to a gradual erosion of working conditions and unity and moral amongst the members of our Local as repeatedly the will to speak out and defend what we know is the right and just entitlement under our contract is defeated by the ability of contractors to rule the decision making through cliques, fear of job loss, and specific refusal to honor the obligations under which they are able to act as signatory contractors. This situation has undermined the moral and the fiber of our Brotherhood, and led to an intolerable situation wherein each member is often led to fend for himself while trying to see his way through dramatic variations between how the conditions and contract are enforced in one specific instance and another. We are floundering and in desperate need of quality leadership. It is incumbent upon each and every one of us to come forth and demonstrate the courage and pride upon which this organization was founded. Unless every individual commits to supporting the rights of his Brother, there will be very little left of this organization in the not too distant future.



The events I am about to describe transpired on December 20th, 21st, and 22, 2003. Ironworkers from our hall were dispatched to a railroad Bridge Replacement Project for OlsenBiel a company from Lindon, Utah. I took a work order for the day shift, which required 6am start on Saturday, December 20th. The crew consisted of Michael P. Whelan, Craig Wargo, Bruce Allen, Joe Dunn as the Steward, and Tom Waldrop. From the very beginning it was painfully obvious that this project had been poorly organized. The Company foreman, Mr. Hansen, known to himself and others as "HOOK" was completely frazzled and out of his head in confusion. There were four company men with him, three Ironworkers and another outstanding young man named Michael Madrid. Mr. Madrid was not an Ironworker, but for all intents and purposes performed the tasks of an Apprentice Ironworker. I have never met a finer young gentleman than Mr. Madrid, but it has never as yet been made clear to me what his Ironwork related responsibilities were as a result of what specific Union affiliation. This particular item was allowed to go unexplained throughout the entire project.



We commenced work on the 20th without the benefit of any Safety meeting whatsoever. This was a particular disadvantage because the individuals from the company and those of us from the Hall were never even so much as informally introduced to one another. It would seem incumbent upon the Company Foreman to at least bring us together as a group and introduce himself and his people so that once we were assigned and engaged in our respective tasks we would avoid that uncomfortable and often awkward moment when one is working and wondering who should ask whose name first, and the inhibiting and life threatening tension that often exists unspoken between company steady hands and men just brought out of the hall for the first time. Knowing this scenario so well from past experience, I took it upon myself to introduce not only myself personally, but other members of our local gang to the respective members of the company gang. The effort that I put forth was only to assure that this job would overcome what was so glaringly apparent. The company Foreman was confused, disoriented and inexperienced. He manifested an inordinate amount of stress through his repeated outbursts verbally and in an incredible degree of physical contortions, which seemed to indicate to anyone present the influence of some unknown pharmacological substance. On more than one occasion during Saturday's shift I inquired in direct conversation with Mr. Hansen whether he was ok and urged him to breath deeply and try to regain his composure because the fact was that we would complete the assigned project with no injuries and with a profitable margin for his company. This man was impossible to calm, and the lack of foresight wherein which he was unfamiliar with the location of the material, combined with his complete unfamiliarity with the technical side of the drawings only added fuel to his hysterical reactions. The demeanor and tone of his conduct only served to further exacerbate the already difficult and potentially dangerous environment under which we were working. The atmosphere I am describing continued to amplify and worsen throughout the entire three-day period. I will not allow an inexperienced and hyper active neophyte to travel to Las Vegas and threaten the lives and safety of my brothers in an effort to make some name for himself with the company for which he has worked exclusively over the last six or seven years. I made this point to him, and as one might well imagine, my input was not received in the spirit with which it was intended. I reiterated repeatedly that I found him to be personally likable, and that it was in a supportive and positive spirit that I was trying to give him this insight. At times he seemed to internalize my message, only to return helter skelter to overreacting and extreme manifestations of stress and hyper reaction.



In spite of this outrageous display of immature and dangerous behavior the perseverance, stamina, and excellent skills of our Brother Ironworkers were able to complete this first twelve-hour shift without injury and without one single harsh word passed between one another. This gave me a feeling of pride and accomplishment, which only a brother Ironworker could ever appreciate. I exalted our performance to the individuals from the Railroad and the Nevada Department Of Transportation. I told them that they should understand how fortunate they had been to have the individuals present there because they would search the world and be unable to find a more competent team of qualified and determined men to overcome the obstacles we had faced over the previous twelve hours.



Subsequent to the completion of Saturday’s shift the Steward and myself requested and were granted a drag of 100. $. Mr. Hansen had serious difficulty in writing the checks legibly and in putting the numbers in the proper places. He was also confused as to the procedure that he should use in executing the checks in the first place. Finally, Mr. Hansen told us that we would be able to cash these checks at the Wild West Casino. Mr. Hansen drove us to this Casino at such a rate of speed that I was sure that one of us might be rupturing some internal organs. Our Steward, Joe Dunn, and myself were unceremoniously deposited at the curb and quickly became overwhelmed by disappointment when the girls at the Casino Cage told us that the signature on the check did not match the signature that was on record for this company. We were told we could wait until the Manager was available. After waiting close to an hour the manager simply reiterated what we had already been told by the cashiers. Sadly disappointed we left and as we walked we discussed the day and the need to implement more careful and specific conduct concerning the adherence to the provisions of our contract and we agreed that tomorrow would be run in accordance with the prescriptions of the working agreement.



The following morning I arrived at the Stewards residence and I was extremely pleased to inform him that I had managed to borrow $100. Now he would be able to take care of his needs and he signed his check over to the individual from whom I had secured the loan. When we arrived at the project sight there once again was no safety meeting whatsoever. I was not going to be continuously bringing up the points that I could readily see were not important to the foreman, i.e. the safety procedures, including the complete lack of radio capability to signal the rig in the blind, (the batteries had failed earlier the day before). The Steward repeatedly stated that because it was a bridge job there were special considerations given to the enforcement of the contractual obligations. Sunday proceeded in the exact tone of a confused and stressful atmosphere, which had characterized Saturday’s twelve-hour shift. The only difference was the worsening mental state of Mr. Hansen. I had informed him that the Wild West did not cash our checks because his signature was not in the computer. I urged him to rectify this situation immediately because the problem could become much more serious when the following day the layoff checks were to be issued. Once again, he stammered and grit his teeth and appeared agitated and perturbed. On each interaction with this individual I urged him to realize that he should take stock of the situation and realize that he was the beneficiary of the most skilled and dedicated gang that would competently and safely complete the task. All this dialogue produced was a greater sense of discomfort and annoyance on the part of Mr. Hansen. It was not an atmosphere, which produced the kind of work environment where experienced Ironworkers could work secure in the knowledge that the supervision was qualified and aware of the next move. Throughout this entire three-day period there were innumerable moments when individual Ironworkers would simply shake their heads in amazement after observing the completely inefficient and disorganized operation.



The afternoon progressed with our Steward working along with the company men while they continued to attempt to set iron on the bridge while the local men took the afternoon break. When the break was over I was assisting the Steward in his efforts to safely set awkward and difficult pieces. Prior to the break Joe Dunn (Our Steward) and I had been running the gun to tighten the bolts. We had been working together because the order had been to have one man watch the pressure washers to make absolutely certain that these bolts had been tightened to proper specification. Mr. Hansen appeared and demanded to know why we had a “abandoned” our workstation without authorization from his authority. I immediately informed him that Mr. Dunn had freely donated his services to assist his men while they worked through the break period so as to assure the safety and successful outcome of a complex task involving iron which was set in extremely tight spaces. Hansen responded by arrogantly undertaking the running of the gun and proceeding to tighten the bolts single-handedly. I explained that we were led to believe that two men were required in this operation for the aforementioned reasons. He demanded to know what had led me to think that this was a “two man job”, and I replied that the Steward had stated that this was the procedure to follow. He was annoyed and demonstrated his extreme displeasure while continuously uttering that he was behind “schedule” and that he needed this done right away. He further stated that it was not a two-man job, and so I immediately requested him to give me the gun and I would continue. This was not before he stated that he was going to fire the Steward for not staying in the place where he had been assigned to work. Of course I informed him that he was not going to be firing anybody, especially not the Steward, because the situation was apparently impossible for him to accurately comprehend. Moments later Mr. Dunn returned to find me gunning the bolts and I immediately inquired as to who had told him that there should be a second man to observe the pressure washers. He replied that Mr. Hansen had given him that order.



I was past the point of trying to reason with a person who clearly lost the required objectivity to fulfill the requirements of his position. Throughout the entire afternoon Mr. Allen had been hook on man working alone on the ground. I decided that having been lied to by the foreman, who claimed to not have insisted that two men run the gun, I would return to the ground and assist Bruce Allen in what was by our contract clearly a task requiring two men. Of course this was viewed in no uncertain terms by Mr. Hansen as a complete act of insubordination. Mr. Allen and myself engaged in a very important and meaningful conversation wherein we both agreed that this project had been shoddily run and poorly organized. Moreover, the aggressive and short-tempered demeanor of the Foreman had contributed to an overall atmosphere of imminent danger and unprofessional conduct. I might add here that Mr. Hansen had made it plain to anyone who cared to listen that he was extremely unhappy and belligerent because he had been promised that he was going to be “connecting “ on this job and was thrown into the role of Foreman at the last minute when another individual decided to commence his Christmas holiday earlier than previously planned. The impromptu involvement of Mr. Hansen gave him deep-rooted resentment and bitterness which should never been allowed to contaminate the working environment. When finally the shift was complete on Sunday, I approached Mr. Hansen and attempted to once again reinforce the fact that I still had reserved a possible support for his effort although he seemed determined to make that position more and increasingly difficult to uphold. I said goodnight and he refused my offer of a handshake. I was tired and very dejected. This was a young man who could not recognize the sincerity and genuine effort that I was attempting to put forth.



Arriving at work on Monday there was no question that I was now perceived as a person who had demonstrated a failure to be obsequious and subservient in the face of incompetent and non existent leadership. Mr. Hansen motioned for me to come near to where he stood and stated that he had an urgent requirement to screw down the diamond plate and that the necessary impact guns and screw tips were up on the bridge. Upon further inspection it became obvious that the screw tips were not anywhere to be found and the plates had been mixed up at the fabricator when the numbers were removed after the holes had been inserted through the plate to the deck. As a result the minute difference in the line up of the holes made each screw extremely tricky to start and complete without stripping. Additionally, I discovered that the bearing plates supporting the diamond plate were not as yet installed. If I were continue to screw down the plate the bearing plates would be installed only from underneath the bridge, requiring the interruption of traffic on the highway below. I asked one of the company hands known only as Pappy if he would clarify the matter of what to me seemed obvious. I.e. that we should first attempt to install the bearing plates. Pappy’s response was “ I told you to screw the plates down, and I don’t have time to baby-sit”. This arrogant display of unbridled disrespect without provocation symbolized what I consider to be a transgression upon every member of our proud and tradition rich local. We have accomplished an unprecedented building boom of worldwide recognition. We have labored in very difficult conditions of intense heat and high winds, with inspired professionalism. The skyline of Las Vegas is a marvel of the world, more photographed and acclaimed than anywhere else on the planet. The men of this local deserve to be treated with deference and respect when they are engaged wholeheartedly in their chosen profession. I will never allow myself or another Brother to be subject to the indifferent abuse verbally or otherwise from men who have no right to act out their insecurities and lack of common decency while they work within our local’s jurisdiction. When the reply was registered in my stunned mind, I immediately explained the situation to Mr. Allen, and resolved to make sure that plate would go down and be there when the pyramids fell. I was filled with an uncomfortable sense of guilt knowing the very order that I was executing could be catastrophic to the profitable conclusion of this project. This was in every way against my professional ethics as an Ironworker, and after two screws were in place, I asked the foreman to come to my location and pointed out the situation. He immediately concurred with my conclusion that this move should be held off until the bearing plates were installed. I informed him that he should tell Pappy to stay far away from me, as I was very disturbed by the ignorant display of degeneracy. Of course the required bolts for said plate were nowhere to be found, and the usual madness of helter skelter, hither and yon frantic search began once again in what had degenerated to an embarrassing display of complete incompetence and moronic, hand wringing frustration. The remainder of this morning, Monday, I assisted Mr. Wargo with the gun and tightening of bolts.



I think it would be superfluous to mention that my local brothers and myself had been the subjects of gross disrespect and audacious arrogance. This sinking feeling of knowing that each of us had arrived at this project full of excitement and purpose to experience the opportunity to demonstrate the unique and highly regarded skills of our trade only to have those efforts bastardized by unethical and unprofessional conduct. This was not a moment I will ever forget. It is a moment that I devoutly wish will never be repeated.



Around 2pm Pappy requested that I join him in whatever he was doing. At that very moment I was attempting to give the Steward my cell phone, and I told Pappy that I would be there momentarily. He demanded my immediate attention and I quite loudly told him to fuck off. At this point he told me I was fired and I laughingly told him that he lacked any auspices to have rendered that decision. He demanded that I accompany him to the ground, and once again I told him to fuck off. Approximately 45minutes later Mr. Hansen appeared on the deck with two checks and commenced an extended conversation in private (out of earshot) with our Steward, Mr. Dunn. When that conversation concluded Mr. Dunn returned to what he was doing and Mr. Hansen presented me with the checks. I can honestly confess that there was a sense of relief with the knowledge that these individuals had now demonstrated the most outrageous lack of ethics and professional conduct. They had now proven beyond any doubt whatsoever that this prejudicial discharge of their poisoned authority was the final _expression of the pathetic inability to impose their indiscriminate will with impunity.



I informed the Steward that I was fired and wondered aloud what he thought of this. He stated that he supposed that I should “go down and talk to the man”. I replied that I felt quite strongly that it would be far more appropriate for him to at the very least accompany me to the ground and engage in this conversation on my behalf. The obvious confusion regarding the apparent lack of resolve demonstrated by Mr. Dunn was disconcerting to say the least. The discussion with the ever more erratic Mr. Hansen covered essentially two points that I considered preeminent. 1. That my status be immediately changed from fired to laid off. 2. That I was not going through the same fool’s exercise of attempting to cash these two checks, despite the protestations of Mr. Hansen that all the required documents had been forwarded to Wild West Casino. There was no way I was to be left holding these checks with the same illegible scribble and misspelling. I made it perfectly clear that Mr. Hansen would leave Las Vegas only when my checks had been successfully negotiated. I am certain that the foolish decision to fire me began to weigh heavily on the irrational Mr. Hansen. The response to a personal friction between myself and a member of his company crew who himself was resentful and frustrated at being forced to work away from home and restrained from working without any observance of union conditions. He repeatedly complained and wallowed in self-pity because he was unable to make proper arrangements for his Christmas holiday.



While Mr. Dunn and I were unsuccessful in altering the terms of my discharge, Mr. Hansen did reluctantly consent to accompany me to the Wild West Casino and prove that he had well taken care of business. He vowed to prove to me once and for all that he had his act together. He boldly bragged that he was only doing this to prove what a great guy he was, and that he was by no means required to involve himself in this matter in any way. He said that most foremen would have told me to hit the road with no concern for my situation.



From this point forward the sequence of events enters into a completely new level of incredible absurdity. Upon arrival at Wild West Casino the cashiers once again refused to negotiate my two checks. In spite of the inspired and hysterical protestations of Mr. Hansen, the entire exercise revealed only that nothing whatsoever had been done to change the signature registered with Wild West. Once again the predisposition to deceive and mislead had reared its ugly head. Mr. Hansen was now becoming increasingly agitated and impatient. He requested to be informed as to the location of the “nearest bank”. He began to loudly bemoan what he perceived to be the lack of banking facilities in Las Vegas, an assertion for which he had absolutely no statistical evidence. Furthermore, he drove with reckless abandon to the outcry that he had no time for this exercise and seemed to be completely indifferent and uninterested in the fact that his company had failed to perform an extremely important requirement of the contract under which he and his company were currently working. OlsenBiel had been repeatedly and grossly negligent in their responsibility to establish a correspondent financial relationship with a local financial institution so as to provide the local Ironworkers a convenient and reliable opportunity to cash the payroll checks which are drawn on an out of state bank. The point of this aspect of the current dilemma was never a concept, which Mr. Hansen was able or willing to grasp. We managed to miraculously arrive at a local branch of Wells Fargo. Once again Mr. Hansen attempted to demonstrate that my concerns were unfounded. His demeanor showed he regarded me as a problematic, uncooperative employee. The truth was that throughout all this period I was quietly thanking my mother and father for having raised their son to have the courage of his convictions. I imagined what a nightmare would have been endured had I not been unfairly fired for refusing to grovel before the carrot of future employment possibilities. The Wells Fargo manager tried to counsel Mr. Hansen to no apparent avail. He antagonistically insisted that they call his company bookkeeper so as to have the authenticity and bona fide of the checks ascertained. Banks do not perform such procedures on the behalf of those who are not customers. Reluctantly, Mr. Hansen now realized that his repeated and unrelenting assertions regarding the viability of the payroll checks had been at best a failure to comprehend the operational procedures, which are standard throughout the American Banking system. At worst, this was the final episode in his attempts to shirk his accountability as a leader of men, Ironworkers sworn to the same oath that he had taken. The complete and utter disregard for the point of the matter being that It was not merely an inconvenient annoyance from my perspective, but a cataclysmic disruption of the carefully promised plans which were to be the focus of myself and my two young children, Olivia 8, and Michael Patrick 6. This taking place in the two days preceding the Christmas holiday. Insensitive and belligerent would be a rather conservative appraisal of Mr. Hansen’s demeanor at this juncture. As we left Wells Fargo without any resolution of the inability of Mr. Hansen to demonstrate how these checks were to be negotiated, I was informed that there was no longer any way that Mr. Hansen or anyone else could assist me any further. Mr. Hansen repeatedly and angrily stated that this was not his problem; he was only doing what he was doing as a favor. The time had come for me to remove myself from his truck and be on my merry way. At this point I realized that this was going to become more than I had ever imagined. I explained in a calm and very determined way that it would be necessary for me to return to the job site. Mr. Hansen stated that I was forbidden to return because I had been fired. This contention did nothing to weaken my resolve to return and make it known to the other members of our local that they were about to be paid with checks they could not cash without a personal checking account, and even at that point without the inevitable certainty of a three to five day hold on the available funds. I had witnessed with my own eyes a brazen and bold-faced attempt on the part of Mr. Hansen to return to the job site and surreptitiously present our gang with checks that he had at this point not the slightest clue as to how they might be cashed. I was completely dumbfounded by the insolence which these despicable acts had demonstrated. Mr. Hansen realized that I would resist any attempt to remove me from his truck, and was forced to return reluctantly to the job site.



Immediately upon our return Mr. Hansen told me that I was not permitted beyond the area where his truck was stationed. I disregarded his instructions and proceeded to alert those members of our local who were at this point beginning to pick up the tools and clean up the work area. I explained that they should immediately call the Steward to the ground and cease any further work until the Business Agent had been contacted. In the very same context and space the Foreman continued to issue instructions to our local men and in some bizarre Kafkaesque manner they continued to follow his commands even while I followed them around explaining that the checks they were about to receive were not negotiable in the prescribed manner the company had claimed. Even as the checks were being written out and the Foreman was exchanging phone numbers and pledges to call the individuals for the “next job” I repeatedly shouted for Mr. Dunn to come to the ground. I did not wish to demonstrate disrespect for the office of Steward by calling our Business Agent as I see this as the responsibility and prerogative of the Steward. Finally, when Joe Dunn came down there was a very distant demeanor with which he reluctantly agreed that there was no alternative than to contact Chuck Lenhart. I dialed my own cell phone and briefly detailed the situation. I handed the phone to Mr. Dunn who proceeded to walk away from me in what I may only construe as an attempt to prevent me from hearing the exchange between himself and Mr. Lenhart. I was completely and incomprehensively confused and personally insulted by this action. When Joe completed his conversation he informed me that there would be a meeting the following day in the hall to determine the resolution of this matter. I was once again unable to comprehend the complacency on the part of our Steward. I explained that I would be unable to allow the Foreman to leave the jobsite until he or someone in a responsible authority would provide the mechanism to enable our men to negotiate their checks. I was prepared at this point to undertake whatever measures would be necessary to prevent this company from perpetrating the ultimate and reckless disregard for the welfare of the members of Local 433 who had been the instrumental participants in the successful completion of a very difficult, dangerous, and exasperating endeavor made more dangerous by the incompetence of the supervision, who at this very moment were avidly attempting to close the circle of abusive disregard by high tailing back to Utah without anyone ever realizing what had happened. I was now consumed with an overwhelming sense of outrage. I called Mr. Lenhart and informed him that I felt it imperative that he proceed to the jobsite ASAP. I explained my adamant determination to prevent the Foreman from leaving the jobsite without a proper resolution to the check-cashing dilemma. He told me he would be there in ten minutes.



What happened next reduced me to tears. When Mr. Lenhart arrived he was unmistakably predisposed to lend credence to whatever flimsy excuses the Foreman was trying to put forth, such as “we have never had a problem in the past”. This argument was so obviously irrelevant as justification for the current debacle. The next flimsy justification was that the checks need only to have the capacity to be negotiated during “normal business hours”. Once again I reminded all present that my attempts had quite fortunately, owing to my unsubstantiated and prejudicial dismissal, taken place during “normal business hours”. Finally, we addressed the matter of my dismissal. The Foreman claimed that I was insubordinate. This claim will be shown as a complete fabrication by the testimony of each Local member and if they stay true to the integrity with which we communicated, the three of four members of the company gang. The Foreman claimed that I arrived on the job without my belt. My belt was lying next to my feet. Lie. That was about all I could endure. I looked up at the proud results of our work and I came unglued and began to cry out loud to request Mr. Lenhart to explain why these type of individuals were even determined worthy of anything less than a lesson that would enforce upon them the life long memory of what results when you use and abuse any member of our outstanding and proud local. At that very moment all of the outrage and sense ignominy welled up inside me and I began to scream that it was time for us to regain our self-respect and take back the pride upon which this and every other Ironworker’s Local in this International Brotherhood was founded.



The conversation returned back to normal auditory level, and it came to no avail. We were left with no alternative except to meet with Mr. Lenhart the following morning, and so the Foreman would be required to appear at this meeting at 8am. I might also add that Mr. Lenhart, when informed that the individual who had considerately taken the drag check from Mr. Dunn, was unable to negotiate this check at their local bank, agreed to make good on this check from his personal funds. I was dismayed, however, when Mr. Lenhart cautioned this individual not to repeat this action in the future as to caution against being put in the bind in the effort to help Ironworkers. I quickly voiced my discomfort and disagreement with this point of view. I explained that the morning that I went to pick up Joe, knowing how dejected he had been the night before, was one of the most memorable and fulfilling moments of my entire working life.



When Tuesday morning arrived Mr. Lenhart informed me that the matter was fully handled and that we were to go into any bank and request that they call the company and verify funds. I was at once dismayed and flabbergasted. How could this procedure produce any different outcome than what resulted when the foreman and I were refused such a request by Wells Fargo less than twenty four hours earlier. When I questioned Mr.Lenhart in regards to this matter he became agitated and annoyed with me and demanded that I let him do his job. When he gave Craig Wargo his info to call the company from whatever Bank USA I commenced to call the company in Mr.Lenhart’s office. The bookkeeper Jennifer inquired as to what Bank I was calling from. I explained that I was not in any bank, but rather in the office of our Business Agent. I wanted her to explain why when this recommended course of action for negotiating the checks was unsuccessful in the day before it was now put forth as a viable solution. Much to my chagrin she confessed that she had done nothing specific to gain a more positive outcome. She merely restated the proven unworkable solution. I had been led to believe that she had assured Mr. Lenhart that this method was sure to be effective. I came to be quite disappointed when the bookkeeper explained upon further questioning that she had not as yet spoken to our Business agent directly, but had instructed Mr. Hansen to propose this remedy to Mr.Lenhart, who subsequently put his faith in these charlatans once again, only to have been duped and misled. At this point I could not remain at the hall, I was due at a prior engagement. I reluctantly left and kept close contact with Mr. Lenhart and Mr. Garner in Los Angeles. At some time afternoon the solution was provided to have the capability to cash checks provided at the Wild West Casino. Also, I am informed that there has been a banking relationship established on behalf of Olsen and Biel.



At this writing I have received no vote of confidence nor has any sense of appreciation or gratitude been expressed to me on behalf of our Business agent. If anything I have felt a distinct sense of mild condescension and opprobrium. I am convinced that my actions were fully in accordance with my oath as an Ironworker, and in defense of the proud and honorable traditions for which we stand. I cannot see any possible conclusion to this epic saga then to assure my return this coming weekend to this project. I am unavoidably concerned that my resistance to the establishment will result in my being denied the opportunity to return to this project in what I submit is a very justified position. Furthermore, my participation will send an unmistakable message regarding what is the expected mode of behavior within the confines of our jurisdiction. My failure to do so will give ever more encouragement to those who would deign to ignore our conditions, emboldened by our failure to respond to incidents such as the one described within these pages. Make no mistake, the boys in Utah are aware of this, and they will register their next moves accordingly. For the safety and security, for the pride and the spirit of our local we have the potential to move forward by great measure or loose ground that we will never regain.



I am very fortunate to have had the opportunity to have worked amongst and befriended many of the most outstanding members of our local. I am a far better man for the time I have been here, and I will say without one word of exaggeration that this experience has ennobled me in every way possible. The matters contained in these pages are obviously of grave and deep importance to me personally, as I truly believe they are to each and every one of our members. WE cannot allow ourselves to be marginalized by the tyrannical rule of whatever company or pusher who tries to determine his own special conditions and code of acceptable conduct.



We have suffered. Each of us who have been here any length of time. Members have lost their lives in what each and every one of us knows was the perverse exploitation of job fear and layoff threat. We are at a crossroad at this moment. What decisions are made at this critical juncture will determine what quality of life we can expect in the working environment, or more pointedly, whether there will be a future of any kind whatsoever.



I have this organization and its members sincerely in my heart. You have given me more than I could put into words because the essence of this gift has a spiritual dimension to have the courage of my convictions. It is not easy, but there is no alternative.



If we are able to love and support one another we are instantaneously a force for positive outcomes and we will remain a force to protect one another that can never be broken. God Bless Us, One And All.



Michael P. Whelan. December 29, 2003. Las Vegas, Nevada.