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Following Up on Swift-227 Character Attack

February 9th, 2010 by jake · 6 Comments

Friday we discussed JBS Swift and Local 227′s decision to personally attack the attorney representing the Butchertown Neighborhood Association along with his wife. You’ll recall the absurd claims that seemed to be pulled from thin air.

Fast forward to today. Motion withdrawn. Lawyers admitted to the newspaper that several assumptions were made. And it appears that facts were ignored.

Some additional information has finally come out in the case that is best, well, just take a look at excerpts from the affidavits yourself…

From Jon Salomon’s affidavit:

6. I did not know that my wife had contacted representatives of Local 227 during the course of her work at WHAS-11 until after Local 227 filed its February 3, 2010, Notice-Motion-Order.

7. Although I had discussed with my wife my representation of Butchertown Neighborhood Association, Inc. in connection with certain planning and zoning disputes involving JBS/Swift, I had not talked with her about Local 227′s status as an intervening third-party plaintiff/defendant in this proceeding.

8. Before filing the February 3, 2010 Notice-Motion-Order, counsel for Local 227 never contacted me to raise any concerns about my wife’s contacts with Ms. Lally or Mr. Diale. On February 4, after I was contacted by a reporter for the Courier-Journal regarding the February 3, 2010 Notice-Motion-Order, counsel for Local 227 agreed to fax me a copy of the pleadings, which apparently had been sent via email to the Courier-Journal. In the same telephone call on February 4, counsel for Local 227 informed me that his client had not authorized him to contact me before filing the February 3, 2010 Notice-Motion-Order.

9. I apologize to Local 227 for any concerns that my wife’s actions on behalf of WHAS-11 may have caused.

Didn’t have a discussion with opposing counsel because the labor union wouldn’t allow it. But they were all about sending information to the newspaper for a hit piece.

Keturah Gray’s affidavit:

5. Since working for WHAS-11 last fall, I have made phone calls to and communicated with many different people to facilitate and assist WHAS-11 in its reporting of local news stories and interests. As a Producer, I typically make initial contact with and conduct brief interviews with individuals to be featured in news stories. This allows television reporters to better prepare for and conduct their on-camera interviews.

6. Consistent with the performance of my job duties as Producer for WHAS-11, on Monday, November 9, 2009, following a morning staff meeting, I called Kevin Diale, in his capacity as Chief Steward for Local 227, to ask whether he would agree to be interviewed by a WHAS-11 reporter on camera in connection with the recent events surrounding Butchertown and the JBS/Swift plant.

7. When I called the main number for Local 227, I stated my name and that I worked with the WHAS channel, and asked to speak with Mr. Diale. After I was transferred to Mr. Diale, I immediately informed him of my name and that I was with the WHAS news channel. I never stated to Mr. Diale, nor to anyone else, that I worked with or for the Courier-Journal. Mr. Diale told me that I would need to submit my request to Caitlin Lally, and he provided me with Ms. Lally’s telephone number. This conversation lasted no more than one or two minutes.

8. I then called Ms. Lally, and, as with Mr. Diale, informed her immediately of my name and that I worked with WHAS. I explained to Ms. Lally that WHAS would like to do a story about Local 227, and that I would like to speak with a Local 227 representative about that. We agreed that I would speak by telephone with Mr. Diale later in the week on Wednesday, November 11. This conversation with Ms. Lally lasted no more than a few minutes.

9. I believe that I then spoke with Ms. Lally or Mr. Diale again on Wednesday, November 11, to say that I would need to reschedule the telephone call with Mr. Diale due to another news story that required my attention. We agreed that I would call Mr. Diale the following morning on Thursday, November 12. This conversation lasted less than one or two minutes.

10. On Thursday, November 12, 2009, I called Mr. Diale about whether he would agree to be interviewed on camera on behalf of Local 227 in connection with the dispute between the Butchertown neighbors and the JBS/Swift plant, and he agreed to do so. As is consistent with my work as a Producer for WHAS-11, during this brief telephone call I also asked Mr. Diale pre-interview questions concerning Local 227′s perspective on the recent planning and zoning disputes relating to the JBS/Swift plant. I do recall asking Mr. Diale whether he thought that JBS/Swift should go ahead and make the payment and comply with the conditions that had been imposed by BOZA as an olive branch to the neighbors. I recall that Mr. Diale responded to my question consistent with the statements contained in his February 1, 2010 affidavit. This conversation lasted three or four minutes.

11. I informed WHAS-11 reporter, Chase Cain, of my contact with Local 227. Later that weekend, on Sunday, November 15, 2009, WHAS-11 aired a story reported by Mr. Cain which focused on Local 227′s position and perspective on the Butchertown dispute. Mr. Cain also featured a public rally by Local 227. Local 227 has posted this WHAS-11 news report on the front page of its website.

12. To the best of my knowledge, I have never spoken with anyone named Barry McMillan, and I have never heard that name before reviewing it in Mr. Diale’s affidavit.

13. In response to Ms. Lally’s affidavit concerning her calls to me, I have not changed my voicemail greeting on my mobile or office telephone numbers since speaking with Mr. Diale and Ms. Lally.

-SNIP-

16. I regret that my actions on behalf of WHAS-11 have caused Local 227 to question the ethics of my husband and me and my employer WHAS-11. I apologize to Local 227 and to my employer WHAS-11 for the concerns that I have caused.

It’s common sense that it would have been easy to discover the fact that Gray was an employee of WHAS11 and not the C-J, right? Especially after Chase Cain – of all people – reported the story and the union promoted it on its website? I mean, that’s if it was so easy to forget the entity for which Gray clearly worked. Guess it’s the little things.

Reading the Courier-Journal story, one would think Keturah Gray and Jon Salomon were in the wrong. But what Martha Elson didn’t bother mentioning is that Barber didn’t even to show up in court. Nor did she mention that the judge was near striking everything from the record.

Funny how things like that happen.

I believe Local 227, Ollie Barber, Chris Sanders, et al owe Salomon and Gray an apology for misrepresenting the facts and dragging their names through the mud. Further, on a personal level, I believe that if Barber had bothered to communicate with Salomon and Gray, he would have discovered – as I have over the past several months – that Gray doesn’t agree with her husband on everything involving Swift and Butchertown. He would have also discovered that she’s so supportive of the union and the jobs at the plant that it’s been a point of criticism from people like me.

Tags: Bad Behavior · Butchertown · Courier-Journal · Criticism · Ethics · Hype · Legal · Neighborhoods · Zoning

6 responses so far ↓

  • 1 Ollie's Trolley // Feb 9, 2010 at 10:37 am

    Hasn’t Mr. Barber had some ethics complaints as of lately? Maybe….case #….2009-SC-000805-KB

  • 2 jake // Feb 9, 2010 at 10:38 am

    You people are so mean with your Supreme Court facts!

  • 3 DB // Feb 9, 2010 at 11:17 am

    As a member of the Local 227 UFCW, I can tell you that thye are nothing but crooks.

  • 4 jake // Feb 9, 2010 at 11:20 am

    Crooks? I think that’s a stretch.

    But this incident is a cut and dry case of total thuggery.

  • 5 DB // Feb 10, 2010 at 11:48 am

    Some of the higher up people in that union are crooks. Not the rank and file people who do their jobs.

  • 6 Bill // Feb 11, 2010 at 8:58 am

    The sad thing is that some of the higher ups in all unions aren’t doing the job they are paid to do by the rank and file. I’ve been in two local unions here and they don’t represent anyone but themselves and thats where the union movement is going seriously wrong.

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