DAMCO aka Hudd aka A.P. Moller aka Maersk Nailed For Not Paying Its Union Drivers What the Law Required.

[gregca...@gmail.com]

https://obcctc.ca/wp-content/uploads/2016/12/CTC-Decision-No.-4-2015-Damco-Distribution-Audit-Decn-FINAL.pdf

I note the almost as useless as CLAC union the R.W.U. did nothing to help their union members who were being underpaid by DAMCO according to provincial law. When I quit my job at DAMCO around 2002 the union which I had paid dues to and had campaigned for in the bid to get rid of the company appointed union CLAC did nothing to ensure I received my final paycheque. DAMCO never did give me the money owed me which isn't surprising since they shorted me 16 times on my paycheques during my 18 months of employment.

Chris Kaulbeck, Collette Babinski and Tony Beck were the management team at 8400 River Rd. Delta for DAMCO then and they were liars and thieves who didn't care if their workers were injured as long as they could stay in their air conditioned offices and plan golf tournaments.

I suffered to date permenant mental health problems due to hyperthermia I suffered in the warehouse on the hottest day of the year. The union drivers were told to make sure all the bay doors were closed or they would be fired from their $17 an hour jobs. This resulted in a stifling, overheated work environment so bad that even the forklifts were breaking down. DAMCO and Chris Kaulbeck, Collette Babinski and Tony Beck owe me 32 million dollars.

DAMCO aka Hudd aka A.P. Moller aka Maersk Nailed For Not Paying Its Union Drivers What the Law Required.
4 posts by 1 author

https://obcctc.ca/wp-content/uploads/2016/12/CTC-Decision-No.-4-2015-Damco-Distribution-Audit-Decn-FINAL.pdf

I note the almost as useless as CLAC union the R.W.U. did nothing to help their union members who were being underpaid by DAMCO according to provincial law. When I quit my job at DAMCO around 2002 the union which I had paid dues to and had campaigned for in the bid to get rid of the company appointed union CLAC did nothing to ensure I received my final paycheque. DAMCO never did give me the money owed me which isn't surprising since they shorted me 16 times on my paycheques during my 18 months of employment.

Chris Kaulbeck, Collette Babinski and Tony Beck were the management team at 8400 River Rd. Delta for DAMCO then and they were liars and thieves who didn't care if their workers were injured as long as they could stay in their air conditioned offices and plan golf tournaments.

I suffered to date permenant mental health problems due to hyperthermia I suffered in the warehouse on the hottest day of the year. The union drivers were told to make sure all the bay doors were closed or they would be fired from their $17 an hour jobs. This resulted in a stifling, overheated work environment so bad that even the forklifts were breaking down. DAMCO and Chris Kaulbeck, Collette Babinski and Tony Beck owe me 32 million dollars.

1085 Cambie St. Vancouver, BC V6B 5L7 | P: 604-660-6013 | F: 604-660-6045 | in...@bc-ctc.ca

December 9, 2015

Damco Distribution Canada Inc. d.b.a Hudd Transportation Canada 8400 River Road, Delta, BC V4G 1B5

Commissioner’s Decision Damco Distribution Canada Inc. (CTC Decision No. 4/2015)

Introduction

1. Damco Distribution Canada Inc. (“Damco”) is a licensee within the meaning of the Container Trucking Act (the “Act”). Under Sections 22 and 23 of the Act, minimum rates that licensees must pay to truckers who provide container trucking services are established by regulation, and a licensee must comply with those statutorily established rates. In particular, Section 23(2) states:

A licensee who employs or retains a trucker to provide container trucking services must pay the trucker a rate and a fuel surcharge that is not less than the rate and fuel surcharge established under section 22 for those container trucking services.

2. Under Section 26 of the Act, any person may make a complaint to the British Columbia Container Trucking Commissioner (the “Commissioner”) that a licensee has contravened a provision of the Act. Under Section 29, the Commissioner reviews such complaints and, under Section 31, may conduct an audit or investigation to ensure compliance with the Act, the Regulation or a licence. (I note the Commissioner has authority under Section 31 to conduct such audits and investigations whether or not the Commissioner has received a complaint).

3. Section 27 of the Act provides, in essence, that complaints may be made confidentially to the Commissioner. That is, if a complaint is made on a confidential basis, the Commissioner “must make best efforts to avoid disclosing any identifying information respecting the complainant” unless disclosure becomes necessary for purposes of the Act.

Facts

4. The Act and the Regulation came into effect on December 22, 2014, and a Commissioner was appointed on February 16, 2015. On June 5, 2015, an audit was begun with respect to Damco’s payment of its 10 employee container trucking drivers (commonly known as “company drivers”). The auditor requested and received payroll records from Damco for the period April 1, 2014 to May 31, 2015.

5. Damco explained to the auditor that its 10 company drivers were covered by a collective agreement between the company and the Retail Wholesale Union, Local 517 (the “Union”), and had been paid in accordance with that agreement.



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6. Based on the information and documentation provided, the auditor determined the company drivers had not been paid the wages rates required by Section 13 of the Container Trucking Regulation (the “Regulation”) during the audit period.

7. The auditor provided Damco with a summary of the balance owing to each driver and a copy of the audit spreadsheet. Damco reviewed the information provided and raised the issue of non-taxable benefits it paid to company drivers that were not itemized on their pay statements. After discussion of this issue, the auditor re-determined the amount owing each driver.

8. The total amount found to be owing the 10 company drivers was $28,174.09. Damco did not dispute the auditor’s calculations of this amount owing, and issued adjustment cheques to the 10 company drivers in the amounts determined by the auditor to be owing.

9. Damco advised the auditor that it was having discussions with the Union to reach a Letter of Understanding that would set out appropriate hourly rates, inclusive of benefits, for company drivers, consistent with the minimum hourly rates required by the Act and the Regulation. Damco agreed to provide a copy of that agreement when it was reached. Subsequently, Damco provided the auditor with a copy of the Letter of Understanding.

Decision

10. As described above, the circumstances of this case are that Damco has: a) undergone an audit, during which it cooperated fully with the auditor; b) after raising an issue of merit with respect to the payment of non-taxable beneits, accepted the auditor’s calculation of the amounts it owed under the Act; c) paid the adjustment amounts calculated by the auditor as owing to its company operators; and d) entered into an agreement (Letter of Understanding) with the Union to ensure rates for its company drivers that comply with the Act and Regulation.

11. As Damco has paid the amount owing under the Act and corrected its non-compliant payment practice, I find there is no need for me to issue an order pursuant to Section 9 of the Act requiring Damco to comply with the Act.

12. Section 34 of the Act provides that, if the Commissioner is satisfied that a licensee has failed to comply with the Act, the Commissioner may impose a penalty or penalties on the licensee. Available penalties include suspending or cancelling the licensee’s licence or imposing an administrative fine. Under Section 28 of the Regulation, an administrative fine for a contravention relating to the payment of remuneration, wait time remuneration or fuel surcharge can be an amount up to $500,000.

13. The seriousness of the available penalties indicates the gravity of non-compliance with the Act. The Act is beneficial legislation intended to ensure that licensees pay their employees and independent operators in compliance with the rates established by the legislation (Act and Regulation). Licensees must comply with the legislation, as well as the terms and conditions of their licences, and the

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Commissioner is tasked under the Act with investigating and enforcing compliance.

14. The Act does not, however, require penalties to be imposed for non-compliance in all cases. Rather, the Commissioner is granted a discretion to impose penalties in appropriate cases. There are many circumstances in which discretion to impose a penalty or penalties is likely to be exercised. These include, but are not limited to, where a licensee:

 does not cooperate fully with an audit or investigation;  does not comply with orders or directions given by the Commissioner (or a delegate of the Commissioner, including an auditor);  engages in meritless dispute of, or delays in paying, amounts found to be owing;  engages in any form of fraudulent, deceptive, dishonest or bad faith behavior with respect to compliance with the requirements of the Act, the Regulation or a licence.

15. In the present case, Damco cooperated fully with the auditor’s investigation of the complaint. It complied with the directions given by the auditor, including disclosing records. It raised an issue of merit after receiving an interim report from the auditor, which caused the auditor to re-determine the amounts owing. Damco then paid that adjustment amount to its employees and took steps to ensure future compliance. It did not engage in meritless dispute of the process or the amount calculated by the auditor to be owing.

16. With this and previous Commissioner’s decisions published on the Commissioner’s website, it should be very clear to all licensees that the minimum rates established by the Act and the Regulation are payable “despite any provision of a collective agreement to the contrary”: Section 23(3) of the Act. It should also be clear that rates established in the Act have retroactive application: see Section 19 and 22 of the Regulation. Any past confusion regarding the legislation is not an excuse for continued non-compliance. Immediate voluntary compliance is required.
Conclusion

17. In summary, Damco was found to be owing $28,174.09 to its 10 company drivers under the Act. It cooperated in the audit process and paid the amount found to be owing. It negotiated a Letter of Understanding with the Union representing its company drivers to bring the collective agreement pay rates into compliance with the Act. In these circumstances, while I record the fact of Damco’s non-compliance with the Act by way of this decision, as well as Damco’s appropriate actions to bring itself into compliance, I decline to exercise my discretion to impose a penalty on Damco in this case.

18. This decision will be delivered to Damco and published on the Commissioner’s website (www.bc-ctc.ca).

Dated at Vancouver, B.C., this 9th day of December, 2015



Vince Ready, Deputy Commissioner (Acting)

================================================================================
I should have posted this earlier because eventually the Commission will take it off their website most likely.

DAMCO and Chris Kaulbeck, Collette Babinszki and Tony Beck now owe me 32 million dollars for back pay and severe workplace injury and for generally being the moral equivalent of serial child molesters.

I note eighteen Google Groups users in van. general have viewed these posts. I wonder how many have viewed on Outlook, Forte Agent, Giga News etc? Feel free to share these posts.

Experience

Consultant
Company Name
Babinszki Consulting
Dates Employed
Apr 2016 – Present
Employment Duration
3 yrs 6 mos
Location
Burnaby, BC
Experienced Human Resource professional offering Human Resource consulting services. Special projects, WorkSafeBC compliance, recruiting. One on one Employment Counselling services .

Human Resources
Company Name
PosAbilities (formerly Mainstream)
Dates Employed
Oct 2011 – Nov 2015
Employment Duration
4 yrs 2 mos
Location
Burnaby, BC
Responsibilities include - supervising a team of two professionals, recruiting, training

HR Manager
Company Name
Algo Communication Products
Dates Employed
Oct 2006 – Oct 2011
Employment Duration
5 yrs 1 mo

Manager, Industrial Relations
Company Name
Hudd Distribution
Dates Employed
Oct 2004 – Jul 2005
Employment Duration
10 mos
•Recruited for warehouse positions
•Provided collective agreement interpretation and training
•Maintained positive union management working relationship
•Managed and maintained Health and Safety program

HR Manager
Company Name
TGC Transport Group (Canada) Ltd.
Dates Employed
Oct 2001 – Oct 2004
Employment Duration
3 yrs 1 mo
•Provided collective agreement interpretation and training
•Participated in collective bargaining
•Maintained Health and Safety program
•Implemented Attendance and Ability Management program... See more
Education

British Columbia Institute of Technology
Degree Name
Diploma
Field Of Study
Human Resource Management
Dates attended or expected graduation
2005 – 2006
Activities and Societies: Winner of HR Advisory Committee Award

The University of British Columbia
Degree Name
Bsc
Field Of Study
Microbiology
Dates attended or expected graduation
1984 – 1987

Little Flower Academy
Degree Name
High School Diploma
Dates attended or expected graduation
1978 – 1983
Volunteer Experience

Co-Leader Burnaby Roundtable
Company Name
BC HRMA
Dates volunteered
Sep 2010 – Jun 2013
Volunteer duration
2 yrs 10 mos

Personnel and Policy Committee Member
Company Name
Burnaby Neighbourhood House
Dates volunteered
Apr 2010 – Present
Volunteer duration
9 yrs 6 mos
Cause
Children

Board of Directors
Company Name
Burnaby Neighbourhood House
Dates volunteered
Jan 2013 – Present
Volunteer duration
6 yrs 9 mos
Cause
Social Services
Skills & Endorsements
Career Development
See 66 endorsements for Career Development
66

Endorsed by Daniel Wang and 2 others who are highly skilled at this

Endorsed by 6 of Colette’s colleagues at posAbilitiesCA
Resume Writing
See 50 endorsements for Resume Writing
50

Endorsed by Daniel Wang and 1 other who is highly skilled at this

Endorsed by 3 of Colette’s colleagues at posAbilitiesCA
Industrial Relations
See 36 endorsements for Industrial Relations
36
Farina Reinprecht and 35 connections have given endorsements for this skill
Show more
Show all of Colette’s skills

Recommendations
Received (0)
Given (2)

https://www.linkedin.com/in/colette-babinszki-cphr-82839112/
================================================================================


Collette Babinszki is a liar and a theif and has close ties to HA.
Her small husband is a porn freak and they live at 4261 Gatenby Ave,
Burnaby, BC. with their two children.
Babinszki is a small, pudgy women who wears glasses.

HUDD-Maersk-Sealand-A.P.Moller is one of the largest logistics
companies in the world and Collette Babinszki was the head of payroll
and human resources in BC until her termination.

Collette shortchanged me 16 times on my paycheques while I was
employed there. Of course I was never overpaid. She also shortchanged
me $200 on my final paycheque.

On the hottest day of the year she ordered all the warehouse doors
kept closed and said any personnel who disobeyed would be terminated.
I opened a few for ventilation and one of the drivers would close them
just as fast because he didn't want to get fired from his $16/hr job.

I ended up in Royal Columbian Hospital with heat stroke and
hyperthermia. Besides shortchanging my final cheque Collette saw fit
to call my family after I quit my employment. The heat was so intense
the machinery was breaking down so it is no wonder my brain melted. My
tongue swelled almost double even though I drank 84 ounces of water at
once. Live and learn.

The Retail Wholesale Union (RWU) did nothing to help probably because
I saw the union president drinking with two Hell's Angels at the
College Place Hotel one night.

Collette you owe me $100,000 for pain and suffering plus $300 for lost
wages plus interest. I wouldn't be surprised if that dwarf you are
married to posts nude pictures of your children to the internet.

Your personal security measures will prove to be useless in Burnaby. I
wouldn't be surprised if the Nomads blow up your house since you know
too much.

HUDD has close links to the Transportation Group of Companies and has
as its clients IKEA, Wal-mart, Canadian Tire and Western
Grocers/Westfair among others. Westfair/Western Grocers is of course a
George Wesson company and supplies groceries to the Hell's Angel (Hugh
(Ross) McClellan) owned
24 hr Super-Valu on Davie St. in Vancouver. One current manager in the
IKEA department is an HA gang member as well as being a rapist and a
theif and a liar and a drunken alcoholic plus a procurer of prostitutes
and former employee Tom Strenja
has been part of the gang for years. He was paid a bonus in the same
month he was fired despite the fact he only worked 6 shifts and his
girlfriend Cheryl Roma had to have a security escort for fear of
receiving a beat down after she left the drunken idiot. No one else
recieved a bonus of course. His Dad is an
associate with the Hell's Angels with convictions for counterfeiting
and impaired driving among other things. They are both well known to
Ridge-Meadows RCMP. His Dad is stupid even by HA standards. He once was
caught paying a court fine with phony money.
Strenja is facing more charges in Nanaimo as Thomas Z. Strenja CCC
733.1 1 and CCC 145 2 b and CCC 773.1 1 and MVA 95 and CCC 266 and CCC
145 5.1
Strenja is also known to smoke marijuana.
http://72.14.207.104/search?q=cache:jOlQN4HYcncJ:www.ag.gov.bc.ca/courts/court-lists/lists/Nanaimo_Law_Courts-Completed_Provincial_Court_List.pdf+%22Strenja%22&hl=en&gl=ca&ct=clnk&cd=5
For some strange reason it shows up in the html file but not the .pdf
file.

A number of ppl have received permanent injuries while working at HUDD
and Collette was more than happy to lie to WCB in order to get their
WCB claims denied. She also falsified EI claims for ppl who bought
their drugs through HA.

Among the people she hired and promoted were Richard Bolton a meth
addicted English immigrant who lost everything because of his drug
addiction. Richard Barfoot an alcoholic aboriginal from Saskatchewan
who built a shrine in his apartment to the teenage sister of one of
his charges despite the fact he was in his mid 50's. The young man
whose sister was the object of his lust was quite shaken by this
obviously. He later insisted
on taking pictures of female employees from a camera at crotch level.
Was allowed by the head of the IKEA department to drink whiskey and
beer on the job. Sunny Virk a man who engaged in sexual trysts with a
woman other than his wife even though he has three children and claims
to be Christian. He is also a liar and of course is not a Christian.
Once threatened to shoot the
bouncer staff at the College Place Hotel after he was ejected along
with Richard Barfoot after Barfoot groped a women 30 years his junior
on the dance floor. Claims to belong to a gang (not HA). Refers to
himself as a shitskin which shows what a disgrace he is to his culture
and family.

http://www.ilw.com/lawyers/immigdaily/cases/2001,0219-Hudd.shtm
documents HUDD labour violations. HUDD violates both the spirit and
letter of the law and does nothing for the communities it operates in.

CXW-979 is the plate number of the black SUV the Babinszki family
uses.

626-709-2410
626-709-2406

Please post any information you have about this company or this
person.

IS2 frequently does the hiring for this company as does Manpower Temporary Services. My former employer Best Personnel used to do business with DAMCO but didn't renew their contract because too many of their temps were getting hurt on the job at 8400 River Rd. Delta and their most experienced temps hated how they were treated at the HUDD/DAMCO facility.

Best Personnel is running ads 5 days a week in the Star-Metro looking for full time workers. Only $14 an hour but hey if you are not working it beats welfare for most ppl and looks okay on a resume. If they make a mistake on your paycheck they will fix it in an hour. It took days for HUDD/DSL/DAMCO to do that.

Feel free to Google Tom Strenja, Tony Beck, Chris Kaulbeck, Collette Babinszki for more info on these criminals.







me (Greg Carr change)

Sep 10



https://www.supplychaindive.com/news/maersk-line-damco-merge-restructuring/532734/ confirms again that all these shyster companies are under one ownership.
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