The most recent issue APFA's Skyword publication printed an article entitled
The TWA Senority Dispute.A portion of the article reads as follows:
2.Sherry Cooper is one of the named plaintiffs in this action. At the time the lawsuit was filed, Ms. Cooper was serving as General Chairperson of IAM's District Lodge 142. SHe is still actively serving as a General Chairperson of IAM amid these adverse litigaton proceedings, while simultaneously serving as the STL Domestic Chairperson for APFA.
_____________________________________________________________
Ms. Cooper has responded to John Ward, President APFA with the letter written below:
VIA FACSIMILE
October 28, 2002
Mr. John Ward
President, APFA
1004 West Euless Boulevard
Euless, TX 76040
Re: Skyword Article
Dear Mr. Ward:
This letter is in response to a recent article concerning seniority integration. Clearly, it will be up to the Court to decide the merits of our respective positions. That, however, is not the purpose of this letter.
In a Skyword article, APFA states that I remain as a General Chairperson for IAM District Lodge 142. I have spoken to the staff at the District Office. You did not contact them. I have spoken to the staff at IAM International headquarters. You did not contact them. I have contacted the Department of Labor. There has been no request from APFA for copies of election reports filed by District Lodge 142. Finally, I know for a fact that you have not spoken to me about my status with the IAM. In summary, you made absolutely no effort whatsoever to determine the truth or falsity of that statement. You merely published it to the membership. Your reckless disregard for the truth will not go unchallenged.
Had you contacted me, District Lodge 142, or IAM International Headquarters, you would have learned that my position as General Chairperson ended on July 31, 2002. This was before I chose to run for STL Base Chairperson. The sole and express purpose for your lie is clearly obvious from the e-mails, telephone calls, and comments I have received from fellow APFA members. The misrepresentation is made solely to discredit me as an APFA officer and to damage my professional reputation. The direct inference is “dual unionism.â€
Under New York Times v. Sullivan, the United States Supreme Court upheld the right of a public official to sue a news organization for punitive damages when statements published in an advertisement were held to be libelous and defamatory. Both compensatory and punitive damages can be awarded when statements are made with reckless disregard of the truth. Clearly, that is the case here. If your attorney approved that misrepresentation, I, for one, would question that quality of that counsel. Ironically, the opening page of Skyword states: “Submissions will not be considered if they are too long, libelous, defamatory, not factual, in bad taste or are contractually incorrect.†Your article failed on at least four (4) different counts. It is libelous, defamatory, not factual, and in bad taste.
I am immediately demanding the following:
(1) That an APFA hotline be made with the following statements: “Recently, an APFA Skyword news article stated that STL Base Chairperson Sherry Cooper continues to hold a union position with the IAM. That is false. Ms. Cooper has not held any elected position with the IAM since her term ended on July 31, 2002. We regret having made that statement and apologize to Ms. Cooper.â€
(2) That you publish a full retraction on Page 1 of the next Skyword publication.
As you must know by now, I intend to ensure that you fully comply with all provisions of the APFA Constitution. Included in that Constitution, is your fiduciary obligation to all members. You have breached that obligation to me. If a retraction is not made immediately, I will take whatever legal action may be necessary. Having said that, I continue to reserve whatever rights I may have under the APFA Constitution and applicable federal law.
KINDLY GOVERN YOURSELF ACCORDINGLY.
Sherry Cooper
APFA STL Base Chairperson
cc: APFA Executive Committee
APFA Board of Directors
The TWA Senority Dispute.A portion of the article reads as follows:
2.Sherry Cooper is one of the named plaintiffs in this action. At the time the lawsuit was filed, Ms. Cooper was serving as General Chairperson of IAM's District Lodge 142. SHe is still actively serving as a General Chairperson of IAM amid these adverse litigaton proceedings, while simultaneously serving as the STL Domestic Chairperson for APFA.
_____________________________________________________________
Ms. Cooper has responded to John Ward, President APFA with the letter written below:
VIA FACSIMILE
October 28, 2002
Mr. John Ward
President, APFA
1004 West Euless Boulevard
Euless, TX 76040
Re: Skyword Article
Dear Mr. Ward:
This letter is in response to a recent article concerning seniority integration. Clearly, it will be up to the Court to decide the merits of our respective positions. That, however, is not the purpose of this letter.
In a Skyword article, APFA states that I remain as a General Chairperson for IAM District Lodge 142. I have spoken to the staff at the District Office. You did not contact them. I have spoken to the staff at IAM International headquarters. You did not contact them. I have contacted the Department of Labor. There has been no request from APFA for copies of election reports filed by District Lodge 142. Finally, I know for a fact that you have not spoken to me about my status with the IAM. In summary, you made absolutely no effort whatsoever to determine the truth or falsity of that statement. You merely published it to the membership. Your reckless disregard for the truth will not go unchallenged.
Had you contacted me, District Lodge 142, or IAM International Headquarters, you would have learned that my position as General Chairperson ended on July 31, 2002. This was before I chose to run for STL Base Chairperson. The sole and express purpose for your lie is clearly obvious from the e-mails, telephone calls, and comments I have received from fellow APFA members. The misrepresentation is made solely to discredit me as an APFA officer and to damage my professional reputation. The direct inference is “dual unionism.â€
Under New York Times v. Sullivan, the United States Supreme Court upheld the right of a public official to sue a news organization for punitive damages when statements published in an advertisement were held to be libelous and defamatory. Both compensatory and punitive damages can be awarded when statements are made with reckless disregard of the truth. Clearly, that is the case here. If your attorney approved that misrepresentation, I, for one, would question that quality of that counsel. Ironically, the opening page of Skyword states: “Submissions will not be considered if they are too long, libelous, defamatory, not factual, in bad taste or are contractually incorrect.†Your article failed on at least four (4) different counts. It is libelous, defamatory, not factual, and in bad taste.
I am immediately demanding the following:
(1) That an APFA hotline be made with the following statements: “Recently, an APFA Skyword news article stated that STL Base Chairperson Sherry Cooper continues to hold a union position with the IAM. That is false. Ms. Cooper has not held any elected position with the IAM since her term ended on July 31, 2002. We regret having made that statement and apologize to Ms. Cooper.â€
(2) That you publish a full retraction on Page 1 of the next Skyword publication.
As you must know by now, I intend to ensure that you fully comply with all provisions of the APFA Constitution. Included in that Constitution, is your fiduciary obligation to all members. You have breached that obligation to me. If a retraction is not made immediately, I will take whatever legal action may be necessary. Having said that, I continue to reserve whatever rights I may have under the APFA Constitution and applicable federal law.
KINDLY GOVERN YOURSELF ACCORDINGLY.
Sherry Cooper
APFA STL Base Chairperson
cc: APFA Executive Committee
APFA Board of Directors
