Defend Western MassCOSH

Five of our Union Brothers and Sisters on the Western Mass. Coalition for Occupational Safety & Health (WMCOSH) Board of Directors have been or are being sued, along with the organization itself, and, in solidarity, we’re helping them fundraise for their defense.  We’re also concerned that union members should not feel intimidated about serving on non-profit boards.

The case is Hampshire County Superior Court Civil Action No. 18-CV-00172.  Copies of the filings back and forth are at https://www.dropbox.com/sh/mzpwcb3cnb39lm9/AAAkGcSO_-da3PUHoh8XbpTDa?dl=0.  Former WMCOSH Executive Director, Michael Florio, alleges that WMCOSH and the individual Board members failed to pay him (or failed to cause him to be paid) $32,992 in wages, vacation pay, and insurance benefits.  The lawsuit seeks a judgment for three times that amount plus court costs, attorneys’ fees, and interest.

The defendants counter that “any damages … were solely caused by his own actions” and that Mr. Florio was told not to work when he knew that WMCOSH did not have funds to pay him.  In 2017, WMCOSH ceased operations (worker training, advocacy, etc.) due to financial insolvency. 

According to the court filings

·         Mr. Florio was aware of WMCOSH’s financial condition as he managed its day-to-day operations

·         The Board of Directors of WMCOSH instructed Mr. Florio not to work or allow anyone to work for WMCOSH if WMCOSH did not have sufficient money to pay him or that person

·         Mr. Florio purported to continue to report to work at WMCOSH and allowed others to work for WMCOSH when WMCOSH did not have sufficient money to pay them

In September 2018, Mr. Florio filed a lawsuit against WMCOSH as an organization and against Ivette Hernandez, Ron Patenaude, and Irene Kimball individually.  Last year, the Court allowed him to also sue Fiore Grassetti and Jon Weissman, in lieu of the others but without giving up the right to sue them again.  Fiore, Jon, Ivette, Ron, and Irene serve as unpaid members of the WMCOSH Board.  Others on the Board are Ed Collins, Maureen Carney, and Tyrone Housey.  The Board was mostly active labor movement leaders; WMCOSH was a union-built agency.

The defendants are asking our Brothers and Sisters in the labor movement, friends and family, unions and other organizations for help to pay the mounting legal fees.  Any amount will help and be greatly appreciated.  Lots of small donations are especially encouraging and welcomed.