Rodrigues is not
a stranger to trials
He is usually on the other
By Ian Y. Lind
side of the fence as a judge
or juror in union cases
Star-BulletinUnited Public Workers state director Gary Rodrigues knows about union trials.
For more than a dozen years, Rodrigues has traveled across the country as a member of the Judicial Panel of the American Federation of State, County, and Municipal Employees, UPW's parent union, serving as judge or juror considering charges lodged against other union members or officials.
But in a union trial scheduled to get under way tomorrow morning, Rodrigues will be defending himself against charges that he violated rights guaranteed UPW members by the union constitution.
The trial, set to begin at 10 a.m. tomorrow at the Hilton Hawaiian Village, will be open to UPW members but not the public, according to an announcement made by UPW's Oahu Division executive board last week. Both Rodrigues and his accusers are expected to encourage supporters to attend.
The charges, filed earlier this year by three current or former UPW chief stewards, allege that Rodrigues refused to disclose union records relating to several controversial transactions, and then used the union's newsletter to attack members for asking legitimate questions about the use of union funds.
Also named in the charges are newsletter editor Clifford "Chip" Uwaine and members of the union's state executive board.
Rodrigues has headed the 12,000-member UPW, the second-largest public employee union, since 1981. He headed the State Federation of AFL-CIO unions from 1985 until 1997, and is considered one of the most politically influential labor leaders in the state. Rodrigues' future with UPW depends on the outcome of the trial, where each side will have an opportunity to present evidence, call witnesses, and cross-examine opposing witnesses. The presiding officer, a member of AFSCME's international executive board, will issue a decision within 30 days of the trial's conclusion.
If found guilty of the charges, Rodrigues could be reprimanded, fined or even fired.
It is the second time Rodrigues has faced a trial stemming from allegations about the misuse of union funds.
He survived a similar challenge in 1983, when he was suspended by the UPW state board and charged with 26 major violations of union rules and procedures.
The specific charges were not made public at that time. Rodrigues said the move was simply an attempt by an opposing faction to seize political control of the union, but documents later disclosed in a series of lawsuits show that the allegations centered on the misuse or unauthorized use of union funds, and expenditures of union funds for Rodrigues' personal benefit.
In one instance, Rodrigues was accused of billing the union's travel agency for unauthorized personal expenses, including first-class airline tickets, along with hotel accommodations in Washington, D.C., Lake Tahoe, and San Francisco, for a traveling companion who accompanied him on a union business trip.
After a five-day trial, the charges were dismissed and Rodrigues was reinstated as state director. Although Rodrigues received minor reprimands on three procedural matters, other charges were dropped when the panel found insufficient evidence or failed to reach agreement, records show.
Despite the outcome of the union trial, UPW paid $120,000 in 1992 to settle lawsuits by two union staff members who claimed they were fired in 1983 for questioning many of the same expenditures.
Stanley Burden, UPW's business manager, and Janet Tanaka, an accountant, said in court filings they complained about improper and potentially illegal expenditures in late 1982 and early 1983, but "Rodrigues told them to never mind, just pay the requests."
The union insisted the cash settlement remain confidential, but then failed to pay as promised, court records show.
When Burden and Tanaka again went to court to enforce the settlement, the union tried to back out of the deal by claiming the new suit revealed the settlement and violated the confidentiality agreement.
