Convicted former union leader Gary Rodrigues contends the United Public Workers is intentionally withholding the vacation, sick leave and pension that he accrued during 37 years with the union. UPWs convicted ex-leader
sues to get retirement payBy Debra Barayuga
dbarayuga@starbulletin.comRodrigues, 61, filed a lawsuit in Circuit Court yesterday against Peter Trask, an attorney appointed by the mainland parent of UPW as union administrator, and other unnamed entities.
Rodrigues, UPW state director since 1981, resigned from his $200,000-a-year post on Nov. 22, days after he and his daughter were convicted of mail fraud and money laundering and after the union parent, the American Federation of State, County and Municipal Employees, suspended him.
Eric Seitz, attorney for Rodrigues, says the practice of the UPW is to provide retirees their salary and accrued entitlements immediately after they leave. "He retired. He wasn't fired."
There is no dispute Rodrigues is entitled to the money, Seitz said, and Trask has not given them any reason for the delay.
"They're just kicking him while he's down," Seitz said.
Trask, an attorney who has represented the UPW on arbitration matters in the past and once served as an administrative assistant for the UPW and as Rodrigues' executive assistant, could not be reached for comment.
As for Rodrigues' pension, all the union has to do is certify that he has retired, and the bank can begin payments to him immediately, Seitz said.
Since his retirement, Rodrigues has been preparing for his sentencing on May 12 and plans to appeal the conviction. But in the meantime he needs money to live on, Seitz said.
"He's in limbo waiting to see what happens."
The union responded to earlier requests from Doron Weinberg, Rodrigues' attorney in the criminal case, by saying they are conducting an audit and Rodrigues would have to wait, Seitz said.
"We're hoping to resolve this," he said. "If we don't resolve this decently, regrettably it will cost a lot of time and money."
UPW's mainland parent made the rare move of seizing control of the union and appointing an administrator because of Rodrigues' conviction and the resulting dissension.
At the time of his appointment, Trask said the union planned to conduct an audit that would look into the retirement, sick leave and unpaid vacation time owed to Rodrigues.