It's Official- Dol Says Install Thb!

[RogerRoger]

Please note the date of this DOL letter to John Ward. The DOL on July
13, 2004 informed Mr. Ward that their investigation proved that the
ballots in question were indeed valid. They gave the APFA the
opportunity to open them before they were made to open them. Of
course we all know what the BOD decided to do. nothing. That is not
what the DOL expected.

=======


US Department of Labor
Employment Standards Administration
Offfice of Labor-Management Standards
Nashville District Office
Nashville, TN

July 13, 2004

Mr. John Ward
Association of Professional Flight Attendants
1004 West Euless Blvd.
Euless, TX 76040

Dear Mr. Ward:

Pursuant to the authority of Section 601 of the Labor-Management
Reporting and Disclosure Act of 1959, as amended (LMRDA) and receipt
of a complaint, this office has initiated an investigation of the run
off election of officers conducted by the Association of Professional
Flight Attendants on March 12, 2004.

The purpose of this letter is to advise you of the following
investigative findings:

- APFA denied the right to vote to five eligible members who were
improperly determined to be dues delinquent in violation of Section
401(e) of the LMRDA.

- APFA denied the right to vote to eleven eligible members who had
faxed applications on file in violation of Section 401(e) of the
LMRDA.

These findings are not to be construed as a final determination by
the Secretary of Labor that violations have occurred which may have
affected the outcome of the election.

Any additional evidence bearing on these investigative findings, or
any information concerning action contemplated by your organization
to remedy or otherwise address these findings should be provided to
this office on or before July 26, 2004. A final determination based
on the investigation and any information that you submit will be made
in the near future.

Sincerely,

Kermit Perkins
District Director

 

[LiveInAHotel]

I also doubt John WAArd will step down at the BOD meeting on August 25, 2004. I spoke to Cathy Hermann-Lukensmeyer by phone today and she said JW has not even been in the office in about 2 weeks. She said we all need to be at the BOD meeting on the 25th to put pressure on his ugly butt! JW is trying to make the BOD meeting a closed session and not allow members to attend the open portions.

 

[operaations]

I also doubt John WAArd will step down at the BOD meeting on August 25, 2004. I spoke to Cathy Hermann-Lukensmeyer by phone today and she said JW has not even been in the office in about 2 weeks. She said we all need to be at the BOD meeting on the 25th to put pressure on his ugly butt! JW is trying to make the BOD meeting a closed session and not allow members to attend the open portions.

[post="171080"][/post]​

Do you think he will even go back to the line. I am curious to see what happens if he does. And what do you think THB will do first as president of the APFA

 

[twasilverbullet]

And what do you think THB will do first as president of the APFA

[post="171092"][/post]​

Change the locks.

 

[operaations]

Change the locks.

[post="171094"][/post]​

that was funny

 

[hp_fa]

I also doubt John WAArd will step down at the BOD meeting on August 25, 2004. I spoke to Cathy Hermann-Lukensmeyer by phone today and she said JW has not even been in the office in about 2 weeks. She said we all need to be at the BOD meeting on the 25th to put pressure on his ugly butt! JW is trying to make the BOD meeting a closed session and not allow members to attend the open portions.

[post="171080"][/post]​

That is why I suggested picketing days ago. THB should consider a lawsuit for her wrongfully reduced wages after she is installed. JW is milking his higher wages, if for not other reason then to cover his legal bills to come.

 

[L1011Ret]

Do you find it scary that DOL has written a letter to APFA instructing it to install THB as president yet the APFA hotline of Friday says we are waiting for more instructions from DOL? Do you just suppose members are being kept in the mushroom factory again?

 

[TWAnr]

I hope that I am wrong, however, I have a gut feeling that Ward will not leave office absent a federal court order. I simply do not think that he will voluntarily leave office and I doubt that the BOD will vote to reverse the outcome of the election despite the DOL findings and directions.

 

[crew4aa]

Maybe John Ward is hiding weapons of Mass Destruction and we can get George W. Bush to send troops into the APFA headquarters and take him out?

Call your Senators!

 

[LiveInAHotel]

Do you think he will even go back to the line. I am curious to see what happens if he does. And what do you think THB will do first as president of the APFA

[post="171092"][/post]​

Cancel his APFA business credit card!

************************************************

operaations,

I'm sure one of the first things THB will actually do is get this membership UNIFIED again!

 

[operaations]

Cancel his APFA business credit card!

************************************************

operaations,

I'm sure one of the first things THB will actually do is get this membership UNIFIED again!

[post="171260"][/post]​

Hotel,

I hope THB is a good leader

 

[desertfox]

Maybe John Ward is hiding weapons of Mass Destruction......


Hiding them??...He is one...

 

[L1011Ret]

It will be interesting to hear what happens at the BOD meeting on Wednesday. As I understand it, APFA has to Thursday to rely to their order to install THB. If the BOD does not do so, they face immediate enforcement proceedings from the DOL. Perhaps some reporter will fill us in on the goings on at APFA on Wednesday!

 

[jimntx]

It will be interesting to hear what happens at the BOD meeting on Wednesday. As I understand it, APFA has to Thursday to rely to their order to install THB. If the BOD does not do so, they face immediate enforcement proceedings from the DOL. Perhaps some reporter will fill us in on the goings on at APFA on Wednesday!

[post="171657"][/post]​

While I still hold out hope (against hope) that John Ward will do the dignified thing and step down, I believe a majority of the BOD is not willing to defy the DOL.

However, we all have to be very careful about reading too much into the letters at this point.

The DOL has not ordered the installation of THB. The exact wording is "Based on these additional findings, it is the OLMS position that APFA should immediately install candidate Tommie Hutto-Blake to the position of APFA president..." (emphasis mine). There is a legal difference between "this is our position" and "we order you to (fill in the blank)".

Also, the letter does not say that enforcement proceedings will occur if THB is not installed. What the letter says is "OLMS understands that the APFA Board of Directors is convening on August 25. We, therefore, request that any information concerning action contemplated by APFA to recognize the results of the August 12 ballot count, or otherwise address these findings, be provided to this office on or before August 26. OLMS will defer a final decision on enforcement until that time so that we may consider APFA's response. If OLMS does not receive a response from APFA by August 26, the Department will refer this matter for enforcement proceedings." (again, emphasis mine) In other words, regardless of what the BOD does on Wednesday, APFA has to advise the OLMS of said action no later than Thursday.

As I understand the law, the DOL can not order the APFA to install THB. They can, and will, get a court to order APFA to do the right thing if it comes to that. However, if the DOL is forced to take such action, I think the penalties for people who forced them to go to court will be a lot more serious than simply losing their union position(s). Obstruction of justice and RICO (Racketeer Influenced and Corrupt Organizations) charges might apply.

The letter makes it clear that if THB is installed that will be the end of it as far as DOL is concerned. Let's hope the BOD agrees.