Markowitz et al v. Facebook, Inc.

Filing 263

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MICHAEL J. BAKER (No. 56492) PATRICIA J. MEDINA (No. 201021) DERRICK H. ROBINSON (No. 226291) HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: [phone] Facsimile: 415/217-5910 Attorneys for Defendant, Counterclaimant and Cross-Claimant PACIFIC MARITIME ASSOCIATION and Cross-Claimant MARITECH CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOSEPH N. MINIACE, an individual, Plaintiff, v. PACIFIC MARITIME ASSOCIATION, a California non-profit corporation, Defendant. No. C 04-03506 SI DECLARATION OF CRAIG E. EPPERSON IN SUPPORT OF DEFENDANT'S AND CROSSCLAIMANTS' OPPOSITION TO MOTION FOR INTERVENTION BY UNION TRUSTEES OF ILWU-PMA PENSION PLAN Date: Time: Place: Judge: June 10, 2005 9:00 a.m. Courtroom 10 Honorable Susan Illston

17 18 19 20 21 22 23 24 25 26 27 28 v. JOSEPH N. MINIACE, an individual; JEANNETTE M. COBURN, an individual; MICHAEL E. CORRIGAN, an individual; BENMARK, INC., a Georgia corporation; CORRIGAN & COMPANY; BENMARK WEST, Counterdefendant and Cross-Defendants. PACIFIC MARITIME ASSOCIATION, a California non-profit corporation, and MARITECH CORPORATION, a Nevada Corporation, Counterclaimant and Cross-Claimants,

Trial Date: November 7, 2005, 8:30 a.m.

DECLARATION OF CRAIG E. EPPERSON

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I, Craig E. Epperson, declare as follows: 1. My name is Craig E. Epperson. I make this declaration in connection with the

Pacific Maritime Association's and Maritech Corporation's Opposition To Motion For Intervention By Union Trustees Of ILWU-PMA Pension Plan. I am over the age of 18 and otherwise competent to make this declaration. The facts stated in this declaration are true and correct and, unless otherwise stated, within my personal knowledge. 2. I am the Senior Vice President, General Counsel and Secretary for the Pacific

Maritime Association ("PMA"). I have been PMA's General Counsel since 1997. Before 1997, I was an attorney in private practice, and PMA was one of the clients for which I worked for many years. 3. PMA is a nonprofit mutual benefit corporation headquartered in San Francisco.

PMA members are maritime shipping carriers, marine terminal operators and stevedore companies that service West Coast ports in the United States. PMA's principal function is to negotiate and administer collective bargaining agreements governing the thousands of workers at West Coast ports. 4. On July 21, 1997, the International Longshoremen & Warehouse Union

("ILWU") and PMA adopted an amendment that modified the funding requirements for the ILWU-PMA Pension Plan. Attached hereto as Exhibit 1 and Exhibit 2 are true and correct copies of the July 21, 1997 Letter of Understanding between ILWU and PMA, and the "Twenty-Sixth Amendment to the ILWU-PMA Pension Agreement, As Amended." The Letter of Understanding was signed by Joseph Miniace and Brian McWilliams who were then the presidents of the PMA and ILWU, respectively. Mr. Miniace and Mr. McWilliams were also ILWU-PMA Pension Plan trustees at the time. 5. When PMA's President Joseph Miniace and his counterpart Brian McWilliams,

the president of the ILWU, negotiated the 26th Amendment, they were each acting on behalf of their respective organizations as negotiators for the collective bargaining agreement that is negotiated between the ILWU and the PMA. 6. On or about August 17, 2001, and again on January 18, 2002, the ILWU made
DECLARATION OF CRAIG E. EPPERSON C 04-03506 SI

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written requests to PMA, under Section 8(a)(5) of the National Labor Relations Act ("NLRA"), for information regarding "the negotiation and adoption of the 26th Amendment." Attached hereto as Exhibit 3 is a true and correct copy of the January 18, 2002 letter from ILWU President James Spinosa to Joseph Miniace, President of PMA. 7. Although PMA complied with the ILWU's request by providing substantial

information to the ILWU, including the Application submitted to the Pension Benefit Guarantee Corporation, the ILWU initiated a charge against PMA with the National Labor Relations Board ("NLRB") for allegedly refusing and/or unlawfully delaying to furnish information related to, inter alia, the 26th Amendment. 8. The NLRB ultimately found in favor of PMA, finding that it satisfied its Specifically, with regard to the

obligations to provide information under the NLRA.

ILWU's requests for information concerning the 26th Amendment, the NLRB found that "PMA's response was sufficient and timely to meet its bargaining obligation under the Act." Attached hereto as Exhibit 4 is a true and correct copy of August 30, 2002 letter from NLRB General Counsel Arthur F. Rosenfeld to Robert Remar, Esq., counsel for the ILWU. 9. PMA has not received any subsequent written requests for information

concerning any bonus that Mr. Miniace purportedly was promised in connection with the (successful) negotiation of the 26th Amendment from either the ILWU or the Union Trustees. 10. Miniace's July 2004 state-court complaint against the PMA received immediate press coverage in San Francisco and Los Angeles newspapers and in the trade press. Attached hereto as Exhibit 5 are what I am informed and believe to be true and correct copies of the following articles: G. Raine, Pacific Maritime Sued By Ex-Chief Over Pay; Former CEO Says He Is Owed $1 Million, S.F. Chronicle, Aug. 25, 2004; Former Chief Of Shipping Line Group Files Lawsuit, Los Angeles Times, Aug. 26, 2004; G. Raine, Pacific Maritime Takes On Miniace In Countersuit, S.F. Chronicle, Aug. 31, 2004; Sue Me Sue You Blues, Waterfront Worker, Sept. 3, 2004; R. White, Pacific Maritime Countersues Ex-CEO, Alleging Misconduct, Los Angeles Times, Sept. 4, 2004; B. Mongelluzzo, Miniace, PMA
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Sue Each Other, J. of Com., Sept. 6, 2004. 11. I am informed and believe that during a conversation shortly after the Miniace Complaint was filed, Mr. Spinosa, the President of the ILWU, informed Jim McKenna, the current President of PMA, that he was aware of the litigation. 12. Mr. Spinosa, the current ILWU President, is also an ILWU trustee for the Pension Plan. Robert McEllrath is not a trustee of the ILWU-PMA Pension Plan.

I declare under penalty of perjury that the foregoing is true and correct. Executed this ___ day of May, 2005 at San Francisco, California.

Craig E. Epperson

DECLARATION OF CRAIG E. EPPERSON

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