ChockJockey
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I saw on the union board an announcement that RR is going to be an AGC. Can someone 'splain how this is because I didn't see his name on the ballot? Just curious.
IAM Fleet Service topic 28June-
- Thread starter Edward
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pjirish317
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CJ,
Since he is a VP, the VP's can do AGC work when the district needs them to. He is still a VP and not an AGC, he is just working like an AGC. I may be wrong, so if someone has a better explanation, have at it. But IMO this is the case. Hope this helps.
roabilly
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Are you saying that your union allowed a contract to where those who are laid off while start their pay from day one just like a newhire? Wow! Why not put a clause in there that the company can "fire at will". What the hell is wrong with the IAM. That's probably why US has been cutting out so many cities and outsourcing lately. They eliminate those high paid workers. And no profit sharing either???? Did the IAM negotiate that contract or the America West union?That is unbelievable! to have that in a union contract, you get punished by getting laid off and then lose your pay if you ever do decide to come back.
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I’m not sure I would use the term allowed... it was more like the BK Judge had a pistol to their, and thus our heads.
Sorta like ahhh shotgun weddin’...only tha bride ain’t purdy ‘n tha preacher’s been bought!
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I’m not sure I would use the term allowed... it was more like the BK Judge had a pistol to their, and thus our heads.
Sorta like ahhh shotgun weddin’...only tha bride ain’t purdy ‘n tha preacher’s been bought!
O-man, I will miss your posts. I haven't posted here since the new direction took office but have enjoyed reading your posts as well as the others. Maybe you'll reconsider sticking around when the new direction fills the membership in on the new elections coming up. In case you guys haven't heard yet, the district 141 elections are null and void. Seems the DOL got involved. They have ordered new elections and they, the DOL, will run them, not the district. Or maybe you have heard?
roadtrip
Veteran
Ezikin,
You are correct in part in a very minor way. The DOL did receive a Complaint from "one" individual whom the DOL did investigate. This individual seems to be upset that he had to pay union dues and be a member in good standing to be eligible to be on the ballot. The election results will stand for now until a judge decides! You see Ezikin the DOL has to prove its Case in Federal Court and the IAM international will fight to uphold its bylaws which believe no one should be able to run for office without being current on there dues.
The officer installment is going forward this september...
The DOL cannot null and void the election it must be proven in a court and from the facts I have heard this complaint is not looking to good for this individual.
My understanding is that it was heard in federal court and the judge has ruled. Ask the new direction to share the court rulings with you. As far as a member in good standing? Here are a few facts...When a member has signed a dues checkoff form and has worked consecutively and the company has deducted his dues monthly, well, that is a member in good standing. When the union arbitrarily decides they haven't received said dues monies and declares a member not in good standing AFTER proof of paying, well what would you do? Someone got the money, not the employee in good standing. There are a lot of employees who have gone out to vote and have been told their dues have lapsed and are not in good standing. Maybe it depends on WHOM you're going to vote for. The member in good standing has 30+ years of union experience. The kind of knowledge and PASSION to fight what is right and what is wrong. The type of AGC you want in your corner when you need them, contrary to an AGC that pouts "the company can do it".
NYGiantsFan90
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The DOL has before made the districts rerun elections and it didnt not go to court.
rat tales
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ezchkin,
I quote roabilly: "I hope my old bro O-Man rethinks his decision. I came to the conclusion long ago that this site is not about accurate information... nor is it even about Employee and Union concerns. When something like these aviation forums are opened up to the population in general... who knows what kind of information will get posted!"
You did not say that you heard a judge had ruled so I will assume the claim is yours. Riddle me this
When someone checks your story's authenticity and perhaps.........calls the DOL. (the number is listed in the LMRDA section and is not a 1-800 number) The DOL connects that person to the department handling the case, and that person reveals that the case has neither been set on the dockets nor assigned a judge. How INACCURATE does that make your Information .
I checked the Dockets through PACER to double check the dol rep. and found no assignments.
I checked into your dues scenario and found that inaccurate too. This 30 year person was and is delinquent 3 months dues. United did not take it out of his check. He did not catch it. He claims "someone should have told me" to the DOL. That is his complaint he will cry to the judge.
Forgive me if I'm wrong but everyone who runs for office checks with his or her dues status BEFORE running. You take your book number to the local and they have the information for you immediately. Special "K" ran and lost two years ago when Randy Canale asked him to be on his slate. He knew about the need to make sure of eligibility.
As for "The kind of knowledge and PASSION to fight what is right and what is wrong." Why did he take a scorched earth approach when leaving office as District Educator? His computer was wiped clean and all District education materials were discarded. The educators who stuck around for the membership had to start over from scratch.
I don't feel bad for this man. It was his neglect that put him in the position he is in!
rat tales
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Inaccurate, most rerun elections such as the recent District 143 reruns were compelled by the International.
As such, they never get to the DOL. Once it gets to the DOL, they investigate. If the investigator concludes
that a rerun election should happen, a recommendation to compel is made. At that time it placed on the
dockets to be heard by a judge. Only a judge can compel.
Case 1:10-cv-04467 Document 1 Filed 07/19/10
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
HILDA L. SOLIS, Secretary of Labor )
United States Department of Labor, )
)
Plaintiff, ) No.
)
v. ))
DISTRICT LODGE NO. 141, )
INTERNATIONAL ASSOCIATION OF )
MACHINISTS AND AEROSPACE )
WORKERS, AFL-CIO, )
)
Defendant. )
COMPLAINT
Plaintiff Hilda L. Solis, Secretary of Labor, alleges as follows:
Nature of the Action
1. This action is brought under Title IV of the Labor-Management Reporting and Disclosure
Act of 1959, 29 U.S.C. §§ 481-84 (the "Act"), for a judgment declaring that the June 2010 election
of union officers conducted by District Lodge No. 141, International Association of Machinists and
Aerospace Workers (Lodge 141), AFL-CIO, for the office of Assistant General Chairman is void,
and directing Lodge 141 to conduct a new election for this office under plaintiff's supervision, and
for other appropriate relief.
Jurisdiction and Venue
2. This Court has jurisdiction over this action pursuant to 29 U.S.C. § 482(B), 28 U.S.C. §
1331, and 28 U.S.C. § 1345.
3. Venue lies in this district pursuant to 29 U.S.C. § 482(B) and 28 U.S.C. § 1391(B).
Parties
4. Plaintiff Hilda L. Solis is the duly appointed Secretary of Labor, United States
Department of Labor. Plaintiff is authorized to bring this action under section 402(B) of Title IV
of the Act, 29 U.S.C. § 482(B).
5. Defendant District Lodge 141 is, and at all times relevant to this action has been, an
unincorporated association residing within the County of Cook, Illinois, within the jurisdiction of
this district.
Factual Allegations
6. Defendant is, and at all times relevant to this action has been, an intermediate labor
organization engaged in an industry affecting commerce within the meaning of sections 3(i), 3(j)
and 401(d) of the Act (29 U.S.C. §§ 402(i), 402(j) and 481(d)).
7. Lodge 141, purporting to act pursuant to its By-Laws, conducted an election of officers
on June 2010 and this election was subject to the provisions of Title IV of the Act (29 U.S.C. §§
481-484).
8. By a letter to the complainant, XXXXXX, dated March 24, 2010, Lodge 141’s
Secretary-Treasurer, informed XXXXXXX that he met the nomination requirement to be considered a
candidate for the office of Assistant General Chairman and accordingly requested that XXXXXX
provide defendant’s Secretary-Treasurer with a notice of acceptance or rejection of the nomination.
9. XXXXXX provided Lodge 141’s Secretary-Treasurer with his written notice of acceptance
by letter dated March 30, 2010.
10.XXXXXX was later declared ineligible to run for office in an undated letter signed by the
Lodge 141’s Secretary-Treasurer and received by XXXXXX on April 19, 2010, informing him that he
did not meet the two-year continuous good standing qualification for eligibility to run for union
office because he had a lapse in his dues payment in November 2008, December 2008, and January
2009.
11. By letter dated April 29, 2010,XXXXXX appealed the decision of Lodge 141 to the
International Association of Machinists and Aerospace Workers (International).
12. By letter dated May 11, 2010, the International General Vice-President denied the
protest.
13. Having exhausted the remedies available under Lodge 141’s governing documents and
having received a final decision, XXXXXX filed a timely complaint with the Secretary of Labor on
May 19, 2010, within the one calendar month required by section 402(a)(1) of the Act (29 U.S.C.
§ 482(a)(1)).
14. Pursuant to section 601 of the Act (29 U.S.C. § 521), and in accordance with section
402(B) of the Act (29 U.S.C. § 482(B)), the Secretary of Labor investigated the complaint and, as
a result of the facts shown by her investigation, found probable cause to believe that: (1) violations
of Title IV of the Act (29 U.S.C. §§ 481-484) had occurred in the conduct of the Defendant’s June
2010 election; and (2) that such violations had not been remedied at the time of the institution of this
action.
Cause of Action
15. Defendant District Lodge 141 violated section 401(e) of the Act, 29 U.S.C. § 481(e),
during the conduct of the aforesaid election in that a member in good standing who had authorized
dues payment under a dues check-off system provided for in the collective bargaining agreement,
who had earnings from which dues could have been deducted in November 2008, December 2008,
and January 2009, and who received no notice of any dues delinquency was declared ineligible to
be a candidate for office inasmuch as the employer failed to deduct dues from the member’s
earnings.
16. Lodge 141 violated section 401(e) of the Act, 29 U.S.C. § 481(e), during the conduct
of the aforesaid election by denying other union members in good standing the right to vote for or
otherwise support the candidate of their choice when the union improperly denied a member the
right to run for union office.
17. The violations of section 401(e) of the Act (29 U.S.C. ' 481(e)) may have affected the
outcome of the Lodge 141’s election for the office of Assistant General Chairman.
Prayer for Relief
WHEREFORE, Plaintiff prays for judgment:
(a) declaring Lodge 141’s election for the office of General Assistant Chairman to be void;
(B) directing Lodge 141 to conduct a new election for the office of General Assistant
Chairman under the supervision of the Plaintiff;
(c) for the costs of this action; and
(d) for such other relief as may be appropriate.
Respectfully submitted,
TONY WEST
Assistant Attorney General
PATRICK J. FITZGERALD
United States Attorney
By: s/ Craig A. Oswald
CRAIG A. OSWALD
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 886-9080
craig.oswald@usdoj.gov
OF COUNSEL:
M. PATRICIA SMITH
Solicitor of Labor
KATHERINE E. BISSELL
Associate Solicitor
SHARON E. HANLEY
Counsel for Labor-Management Programs
JOAN E. GESTRIN
Regional Solicitor
BRENDA J. STOVALL
Attorney
U.S. Department of Labor
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
HILDA L. SOLIS, Secretary of Labor )
United States Department of Labor, )
)
Plaintiff, ) No.
)
v. ))
DISTRICT LODGE NO. 141, )
INTERNATIONAL ASSOCIATION OF )
MACHINISTS AND AEROSPACE )
WORKERS, AFL-CIO, )
)
Defendant. )
COMPLAINT
Plaintiff Hilda L. Solis, Secretary of Labor, alleges as follows:
Nature of the Action
1. This action is brought under Title IV of the Labor-Management Reporting and Disclosure
Act of 1959, 29 U.S.C. §§ 481-84 (the "Act"), for a judgment declaring that the June 2010 election
of union officers conducted by District Lodge No. 141, International Association of Machinists and
Aerospace Workers (Lodge 141), AFL-CIO, for the office of Assistant General Chairman is void,
and directing Lodge 141 to conduct a new election for this office under plaintiff's supervision, and
for other appropriate relief.
Jurisdiction and Venue
2. This Court has jurisdiction over this action pursuant to 29 U.S.C. § 482(B), 28 U.S.C. §
1331, and 28 U.S.C. § 1345.
3. Venue lies in this district pursuant to 29 U.S.C. § 482(B) and 28 U.S.C. § 1391(B).
Parties
4. Plaintiff Hilda L. Solis is the duly appointed Secretary of Labor, United States
Department of Labor. Plaintiff is authorized to bring this action under section 402(B) of Title IV
of the Act, 29 U.S.C. § 482(B).
5. Defendant District Lodge 141 is, and at all times relevant to this action has been, an
unincorporated association residing within the County of Cook, Illinois, within the jurisdiction of
this district.
Factual Allegations
6. Defendant is, and at all times relevant to this action has been, an intermediate labor
organization engaged in an industry affecting commerce within the meaning of sections 3(i), 3(j)
and 401(d) of the Act (29 U.S.C. §§ 402(i), 402(j) and 481(d)).
7. Lodge 141, purporting to act pursuant to its By-Laws, conducted an election of officers
on June 2010 and this election was subject to the provisions of Title IV of the Act (29 U.S.C. §§
481-484).
8. By a letter to the complainant, XXXXXX, dated March 24, 2010, Lodge 141’s
Secretary-Treasurer, informed XXXXXXX that he met the nomination requirement to be considered a
candidate for the office of Assistant General Chairman and accordingly requested that XXXXXX
provide defendant’s Secretary-Treasurer with a notice of acceptance or rejection of the nomination.
9. XXXXXX provided Lodge 141’s Secretary-Treasurer with his written notice of acceptance
by letter dated March 30, 2010.
10.XXXXXX was later declared ineligible to run for office in an undated letter signed by the
Lodge 141’s Secretary-Treasurer and received by XXXXXX on April 19, 2010, informing him that he
did not meet the two-year continuous good standing qualification for eligibility to run for union
office because he had a lapse in his dues payment in November 2008, December 2008, and January
2009.
11. By letter dated April 29, 2010,XXXXXX appealed the decision of Lodge 141 to the
International Association of Machinists and Aerospace Workers (International).
12. By letter dated May 11, 2010, the International General Vice-President denied the
protest.
13. Having exhausted the remedies available under Lodge 141’s governing documents and
having received a final decision, XXXXXX filed a timely complaint with the Secretary of Labor on
May 19, 2010, within the one calendar month required by section 402(a)(1) of the Act (29 U.S.C.
§ 482(a)(1)).
14. Pursuant to section 601 of the Act (29 U.S.C. § 521), and in accordance with section
402(B) of the Act (29 U.S.C. § 482(B)), the Secretary of Labor investigated the complaint and, as
a result of the facts shown by her investigation, found probable cause to believe that: (1) violations
of Title IV of the Act (29 U.S.C. §§ 481-484) had occurred in the conduct of the Defendant’s June
2010 election; and (2) that such violations had not been remedied at the time of the institution of this
action.
Cause of Action
15. Defendant District Lodge 141 violated section 401(e) of the Act, 29 U.S.C. § 481(e),
during the conduct of the aforesaid election in that a member in good standing who had authorized
dues payment under a dues check-off system provided for in the collective bargaining agreement,
who had earnings from which dues could have been deducted in November 2008, December 2008,
and January 2009, and who received no notice of any dues delinquency was declared ineligible to
be a candidate for office inasmuch as the employer failed to deduct dues from the member’s
earnings.
16. Lodge 141 violated section 401(e) of the Act, 29 U.S.C. § 481(e), during the conduct
of the aforesaid election by denying other union members in good standing the right to vote for or
otherwise support the candidate of their choice when the union improperly denied a member the
right to run for union office.
17. The violations of section 401(e) of the Act (29 U.S.C. ' 481(e)) may have affected the
outcome of the Lodge 141’s election for the office of Assistant General Chairman.
Prayer for Relief
WHEREFORE, Plaintiff prays for judgment:
(a) declaring Lodge 141’s election for the office of General Assistant Chairman to be void;
(B) directing Lodge 141 to conduct a new election for the office of General Assistant
Chairman under the supervision of the Plaintiff;
(c) for the costs of this action; and
(d) for such other relief as may be appropriate.
Respectfully submitted,
TONY WEST
Assistant Attorney General
PATRICK J. FITZGERALD
United States Attorney
By: s/ Craig A. Oswald
CRAIG A. OSWALD
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 886-9080
craig.oswald@usdoj.gov
OF COUNSEL:
M. PATRICIA SMITH
Solicitor of Labor
KATHERINE E. BISSELL
Associate Solicitor
SHARON E. HANLEY
Counsel for Labor-Management Programs
JOAN E. GESTRIN
Regional Solicitor
BRENDA J. STOVALL
Attorney
U.S. Department of Labor
There you go
Darlin' have you considered that you just may not be as proficient as I am when it comes to the art of goggling? It is online. I am not sayin' who is right and who is wrong. I just don't know. I do know this much, it is going to cost a lot of our dues money!
rat tales
Senior
- Joined
- Oct 3, 2007
- Messages
- 266
- Reaction score
- 13
FYi
29 USC Section 481(e)
http://law.onecle.com/uscode/29/481.html
He is going to have to overcome his eligibility issues
(e) Nomination of candidates; eligibility; notice of election;
voting rights; counting and publication of results; preservation
of ballots and records
In any election required by this section which is to be held by
secret ballot a reasonable opportunity shall be given for the
nomination of candidates and every member in good standing shall be
eligible to be a candidate and to hold office (subject to section
504 of this title and to reasonable qualifications uniformly
imposed) and shall have the right to vote for or otherwise support
the candidate or candidates of his choice, without being subject to
penalty, discipline, or improper interference or reprisal of any
kind by such organization or any member thereof. Not less than
fifteen days prior to the election notice thereof shall be mailed
to each member at his last known home address. Each member in good
standing shall be entitled to one vote. No member whose dues have
been withheld by his employer for payment to such organization
pursuant to his voluntary authorization provided for in a
collective bargaining agreement shall be declared ineligible to
vote or be a candidate for office in such organization by reason of
alleged delay or default in the payment of dues. The votes cast by
members of each local labor organization shall be counted, and the
results published, separately. The election officials designated in
the constitution and bylaws or the secretary, if no other official
is designated, shall preserve for one year the ballots and all
other records pertaining to the election. The election shall be
conducted in accordance with the constitution and bylaws of such
organization insofar as they are not inconsistent with the
provisions of this subchapter.
If United did not take out dues and he did not make effort to rectify...... he's up the creek
29 USC Section 481(e)
http://law.onecle.com/uscode/29/481.html
He is going to have to overcome his eligibility issues
(e) Nomination of candidates; eligibility; notice of election;
voting rights; counting and publication of results; preservation
of ballots and records
In any election required by this section which is to be held by
secret ballot a reasonable opportunity shall be given for the
nomination of candidates and every member in good standing shall be
eligible to be a candidate and to hold office (subject to section
504 of this title and to reasonable qualifications uniformly
imposed) and shall have the right to vote for or otherwise support
the candidate or candidates of his choice, without being subject to
penalty, discipline, or improper interference or reprisal of any
kind by such organization or any member thereof. Not less than
fifteen days prior to the election notice thereof shall be mailed
to each member at his last known home address. Each member in good
standing shall be entitled to one vote. No member whose dues have
been withheld by his employer for payment to such organization
pursuant to his voluntary authorization provided for in a
collective bargaining agreement shall be declared ineligible to
vote or be a candidate for office in such organization by reason of
alleged delay or default in the payment of dues. The votes cast by
members of each local labor organization shall be counted, and the
results published, separately. The election officials designated in
the constitution and bylaws or the secretary, if no other official
is designated, shall preserve for one year the ballots and all
other records pertaining to the election. The election shall be
conducted in accordance with the constitution and bylaws of such
organization insofar as they are not inconsistent with the
provisions of this subchapter.
If United did not take out dues and he did not make effort to rectify...... he's up the creek
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