Timing of Andrew Gasser’s Knowledge of Local 150 Contract Contents

From Illinois Leaks, reprinted with permission:

Algonquin Township Road District – What did he know and when did he know it? Part II

BY KIRK ALLEN ON JANUARY 29, 2020 • ( LEAVE A COMMENT )

McHenry Co. (ECWd) –

While many have gone to great lengths to blame the current Highway Commissioner for the huge legal bills of the Road District after terminating three employees on his first day, it appears knowledge of certain facts raises more questions and some of those answers put things into perspective.

Considering Miller knows of no records in question as covered in this article, what Gasser knew and when should be taken into consideration as it relates to what happened during his first day in office, the termination of three employees.

  • When was Gasser made aware of an actual signed Collective Bargaining Agreement?
  • Before or after the terminations in question?
  • Does it make any difference?

While there was a lot of talk about the Road District unionizing just before Miller left office, no public record was ever produced to support their being any signed agreement in place when Gasser took office. 

These facts are important to know and keep in perspective as it relates to Gasser’s first day in office.

Just as Miller has sworn under oath to having no knowledge of any record related to collective bargaining, Gasser also had no knowledge of any collective bargaining agreement (CBA), until after the terminations.

If he had no knowledge of, nor was ever provided a copy of, any Collective Bargaining agreement, he would have no concerns over any particular process for terminations found in a CBA.

To date, there has not been a single public record produced which reflects there was any vote taken or actual collective bargaining. 

According to the transcripts from the Local 150 lawsuit, this entire process of Miller unionizing the Road District was done in secret.

If Gasser had no knowledge of that CBA then those employees were at-will employees as far as Gasser was concerned.   

“I had no knowledge of any CBA until I found a copy of it on the table in the break room, which was after the terminations in question”

This is where I encourage all the anti-Gasser and anti-ECWd folks to take a breath.

If Gasser knew there was an actual signed CBA before terminating anyone then he would be to blame for not following the proper procedures outlined in such an agreement. 

Without that knowledge prior to those terminations coupled with the fact no CBA had ever been provided by Miller, they were at-will employees in Gasser’s eyes.

Former Algonquin Township Road Commissioner Bob Miller and Algonquin Township Road Commissioner Andrew Gasser at a Cary Country Club reception after the primary election.

Gasser believed he could terminate at-will employees and while some will cry foul and claim this was not true, the paper trail both prior to taking office and those found in the legal battle that ensued say otherwise.

Gasser asked for and was denied copies of records related to the CBA and all the steps that should have taken place prior to any such agreement. 

It was only after the terminations that the actual signed CBA was ever revealed.

What did Gasser remind Miller of prior to taking office, during Miller’s last meeting as an official and part of the official Township minutes?

“Andrew Gasser, Fox River Grove, read Township Code that related to the delivery of records and papers that pertain to the office for outgoing officers.” (Meeting Minutes)

(60 ILCS 1/55-55)
    Sec. 55-55. Delivery of records. It is the duty of every person going out of office, whenever required under Section 55-45 or 55-50, to deliver up, on oath, all the records, books, and papers in his or her possession or in his or her control belonging to that office. The oath may be administered by the officer to whom the delivery is to be made. It shall also be the duty of every supervisor and commissioner of highways going out of office, at the same time, to pay over to his or her successor the balance of moneys remaining in his or her hands as ascertained by the trustees of township accounts.
(Source: P.A. 82-783; 88-62.)

We understand Miller did not provide anything in relation to Gasser’s request. 

On day one, Gasser comes into work to find computers wiped clean. 

All requests for records resulted in no records relating to collective bargaining and even though he reminds them of their obligation just days before leaving office, No CBA was ever produced.

Without knowledge of an actual signed agreement, how was Gasser to know he could not terminate what would be at-will employees as far as he was concerned?

The transcripts from one of the hearings reflect the attorney for Local 150 confirms “Commissioner Gasser repu[dia?]ted the collective bargaining agreement almost immediately upon taking office”

Almost immediately upon taking office?

Why “almost immediately” rather than immediately? 

The fact is, on his first day of taking office, Gasser terminated three employees of which he had no knowledge were protected under a CBA. 

So for people to claim he violated the CBA by not going through the agreed process we have to ask, how can he have known anything of the kind was violated when he had no knowledge of it?

While after the fact arguments are worthy of discussion, the fact remains, at the time of the terminations Gasser believed, due to lack of any documentation to the contrary, he had the right to terminate what he considered to be at-will employees.

We understand upon discovering an actual signed CBA, many will take the position that at that point he should have followed that process for terminations of employees.

That is where the next questions arise.

  • Everyone knows the CBA was being challenged but why?
  • Was it proper for Gasser to question the validity of the CBA?
  • Upon knowledge of a CBA, why not bring the employees back and go through the process outlined in the CBA?

Stay tuned for Part III tomorrow which will address those key questions.


Comments

Timing of Andrew Gasser’s Knowledge of Local 150 Contract Contents — 34 Comments

  1. Who cares anymore?

    Gasser is still a fool, the money is still gone, and Gasser is not running for reelection and probably would not win if he did. .

    It’s taken you 3 years to concoct this explanation.

  2. This county is just plain and simple crooked nowadays.

    It is the Crook county of the Northwest.

  3. Nowadays?

    Really?

    it’s probably cleaner now than in the past.

    Still has a long way to go though.

  4. “When asked for a reaction incoming Road Commissioner Gasser said he thought is was inapproprate to comment at this time.”

  5. “I had no knowledge of any CBA until I found a copy of it on the table in the break room, which was after the terminations in question”

  6. So for people to claim he violated the CBA by not going through the agreed process we have to ask, how can he have known anything of the kind was violated when he had NO knowledge of it?

    NO Knowledge, really? When he was asked to comment on or before May 1, 2017.

  7. I read my article and it only says the union was certified. My source was the state agency.

    I did not obtain the contract.

  8. Gasser was still playing his political payback games.

    Unless he is stupid, which he is, he had to realize the union was in play.

    His claim of NO knowledge just doesn’t fly.

  9. Stephen Pokorny the actual contract was not provided nor had anyone outside of Miller and his clan been privy to an actual signed contract.

    While after the fact it was presented, bringing employees back under the contract is a recognition of its validity.

    No one in their right mind should do that under the circumstances known at the time.

    After the fact it’s easy to say he should have done this or that, but the fact remains, the contract was not known so how is it a problem to fire at will employees?

  10. Besides he fired the employees right after taking the oath and didn’t know if or what was missing or not provided.

    he never bothered to look.

    Political payback from our resident idiot.

  11. “so how is it a problem to fire at will employees?”

    I guess the courts and the attorneys fees beg to differ, that combined with the orders to rehire with back wages.

    There in lies the problem.

  12. Stephen you once again insert information that was not known or could be known at the time.

    Like I said, it’s easy to look back and cast blame.

    I get that.

    What you refuse to accept, I guess because it is us pointing it out, at-will employees are just that and they can, in fact, be let go, at will.

    At the time that happened, No Contract was known to have been signed.

    As far as most knew, the negotiations of a potential union contract would be done by the new guy, Gasser.

    Turns out it was already signed in the dark of night.

    There is no way the legal bills could have been anticipated at the time firings took place.

    Gasser asked for key records and NONE were provided.

    That points to no knowlege of an actual signed contract.

  13. Stephen it is not rhetorical, it’s not BS, nor is Gasser “our” idiot.

    We get it, you don’t like Gasser.

    The article is about what really happened.

    No one asked you or anyone else to agree or disagree.

    It is what it is.

    NO ONE has shared these facts and now that the long legal battle is over, the truth is shared.

  14. Cal, why are you making excuses when you know dam well he know before he took office?

    What about the Letter Gasser sent to all the unions about unionizing the AT Road Dist?

    What about Rabine Paving doing a cost analyze survey before Gasser took office, then abruptly stopping, the results of the survey never made public?

    Could it be that Rabine employees are also unionized 150 members?

    Once the State certified the union, firing without cause would be a issue would it not, Cal?

    Thx Stephen for searching that!!!!

    Are the Dog’s intentionally ignorant, or has covering for Gasser just a better way to pay for the Dog’s hobby?

  15. The fired losers were never really employees.

    They were marionettes.

    What work did they ever actually do?

    Nob needs more phenobarbital to compose himself.

  16. Sorry Kirk, this is your’s and Gasser’s version of the truth.

  17. Nob you are so full of crap its unreal.

    How do you know what a person did or did not KNOW?

    You speculate he knew.

    He says he did not, court records point to that as well.

    Rabine is nothing but your red hearing and we disproved that red hearing published by NWH with a factual timeline.

    Firing union members without cause would be an issue but not having an actual contract to confirm there was a CBA in place is something you cant just ignore.

    This article does not about providing any cover.

    It simply lays out the chain of events and provides answers to questions many people had.

  18. Perhaps, as the lying by Gasser and the Dog’s has cost tax payers way to much, and it just keeps coming, the BS is just that BS.

    Maybe we should query Gasser on what drugs he is on that makes him not able to even get a CDL license?

    Obviously those drugs he takes makes him illuminate, and he must be sharing with the Dog’s, those same drugs.

  19. Nob once again proves to the world he is focused on personal attacks because he simply can’t logically disprove the content of the article.

    Pretty sad when you attack a person’s health to build your case.

  20. Fact, Kirk keep saying facts when it’s obviously just one man’s way to try and cover his ass, with the Dog’s help.

    The State Certified the Union, Gasser knew of that, and his lawyer should of told him firing employees without cause at that point was a major issue.

    I just got a copy of the March 15, 2017 letter Gasser sent to various union orgs, Re: Termination of Agreements, I’ll share it shortly.

  21. A paragraph from a letter:

    From: Andrew Gasser, 112 Grove Ave, Fox River Grove, Illinois

    March 15, 2017

    Re: Termination of Agreements

    “ I hereby give you notice that each of the agreements between Algonquin Township Highway Department and Local 150, international Union of Operating Engineers, AFL-CIO, and its affiliates, including, but not limited to, the Agreement between Local 150 and MARBA is repudiated by myself or Algonquin Township Highway Department.”

    Signed by Andrew Gasser

  22. So Nob please share the proof that any signed CBA was in his possession?

    Everything points to no such knowledge to include sworn testimony.

    Each of the agreements?

    So he was not able to even point to any specific document but rather said each agreement?

    What agreements?

    Assumed agreements based on rumor?

    All the excuses in the world do not change the fact there was no CBA in his possession nor had he ever laid eyes on it until after the termination.

    You cant change that fact.

  23. March 13, 2017 – Gasser sent this FOIA and got nothing from Miller.

    A. Any collective bargaining agreement affecting any employee presently employed by the Algonquin Township Highway Department.
    B. Any collective bargaining agreement in which Algonquin Township Highway Department is a party not included in your response to above.
    C. Any request for an election by the employees.
    D. A copy of any assignment of any bargaining authority by the Algonquin Township Highway Department.
    E. A copy of any 8F agreement in which the Township Highway Department has agreed to be bound by the terms of a separate labor agreement (often referred to as a “me too” agreement).
    F. Any and all correspondence between the National Labor Relations Board and the Algonquin Township Highway Department.
    G. Any emails by any Algonquin Township Highway District Employee or Elected Official that discusses in the last 90 days.

  24. CBA was not even signed until April 24th.

    So no matter what Gasser sent on March 15th to repudiate agreements, there was no agreement yet.

    That being the case, his letter you are so proud of having means nothing.

  25. So many Miller fans!

    It really would be helpful to have a chart of who got what during Miller’s reign

  26. Joe I told him he should retire and not run, and I told him I didn’t vote that primary at all.

    We can’t change the past, but we can deal with what is happening now.

    Maybe we could ask Ryan Provenzano who was employed their then what he knows about the union contract left by Miller right in the middle of Gasser’s desk?

    Joe are you OK with screwing employees because of their boss?

    I’m not good with it, personally.

  27. Great Lies in political history:

    I’m here from the government and I’m here to help.

    No new taxes

    I didn’t inhale.

    I didn’t have sexual relations with that woman.

    You can keep your doctor.

    No quid pro quo.

    I had no knowledge of a union agreement.

  28. Stephen are you saying the statements under oath on the point of knowledge of an agreement were lies?

    What evidence do you have the disproves the sworn testimony?

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