The ax falls in PHL

[700UW]

It is called the Duty of Fair Representation.

The Railway Labor Act.

duty of fair representation
The duty of fair representation is the obligation, incumbent upon U.S. labor unions that are the exclusive bargaining representative of workers in a particular group, to represent all those employees fairly, in good faith, and without discrimination. Originally recognized by the United States Supreme Court in a series of cases in the mid-1940s involving racial discrimination by railway workers' unions covered by the Railway Labor Act, the duty of fair representation also applies to workers covered by the National Labor Relations Act and, depending on the terms of the statute, to public sector workers covered by state and local laws regulating labor relations.

 

[fanlube]

Hmmmm??? Lets see:

1) TWU = Company Union!
IAM = SCAB Union! And that their IAM contract is pretty company friendly. I may be wrong here but wasn't it the ol IAM who agreed to RETRO Concessions that had to be a first! I know the members voted on that and the union kept our SCOPE!

 

[Charlie_Tuna]

Yes I think we all now know about "duty of fair representation" I was preaching this earlier to all those posters putting down the IAM for representing the alleged perpetrators and using it as election fodder.

What I was asking Pines was what he meant by "the IAM is bound by law to defend these recto-cranial inversions" is he referring to defending in court against criminal action or just in grievance process with the company.

 

[delldude]

Yes I think we all now know about "duty of fair representation" I was preaching this earlier to all those posters putting down the IAM for representing the alleged perpetrators and using it as election fodder.

What I was asking Pines was what he meant by "the IAM is bound by law to defend these recto-cranial inversions" is he referring to defending in court against criminal action or just in grievance process with the company.

you get your day with the union as far as the work related issues go,violations of the posted rules of conduct....defense against breaking company law.any criminal violations are your responsibility and not your unions.

and as far as condeming or condoning....I don't care one way or the other....

 

[NeedForSpeed]

First, let me say I DO NOT support this type of action. That said, the TWU was WARNED that this type of behavior might occur. They were told Not to come, but chose to ignore all warnings (and I understand there were numerous warnings). Yes the few IAM members involved should be fired, but the TWU also needs to accept some of the blame. No person in their right mind, would go accross the river into Camden (the Murder Capital of the US)with thousands of Dollars and walk the streets at night. People need to take the warnings seriously. When you are TOLD not to come for your safety and that you are unwanted, Why wouldnt you listen to the Warnings? We dont fly airplanes when we get a Warning Lights, do we?

So being WARNED, and TOLD your not welcome is ok??? Last I remember, that is INTIMIDATION in the dictionary I have. As a competeing union trying to show their side of the coin, so to speak, they had every right to be there.

Think before you post drivel...

 

[delldude]

not only were they forewarned prior to arrival but the goodfellows at IAM gave an imminent warning for their safety,in the spirit of unionism no doubt.

Local Philadelphia IAM officials entered the hotel room and said that TWU had better close shop and leave because there was a mob which they could not control that would on their own shut TWU down.

 

[Charlie_Tuna]

you get your day with the union as far as the work related issues go,violations of the posted rules of conduct....defense against breaking company law.any criminal violations are your responsibility and not your unions.

and as far as condeming or condoning....I don't care one way or the other....

Ok I admit was checking some ignorance 😛

 

[Jen]

First, let me say I DO NOT support this type of action. That said, the TWU was WARNED that this type of behavior might occur. They were told Not to come, but chose to ignore all warnings (and I understand there were numerous warnings). Yes the few IAM members involved should be fired, but the TWU also needs to accept some of the blame. No person in their right mind, would go accross the river into Camden (the Murder Capital of the US)with thousands of Dollars and walk the streets at night. People need to take the warnings seriously. When you are TOLD not to come for your safety and that you are unwanted, Why wouldnt you listen to the Warnings? We dont fly airplanes when we get a Warning Lights, do we?

Get a real life,,, according to hotel cameras,,, there was not time to get what they came with before they were brutally attacked.

Holy Sh-t man take a look in the "FN" mirror "company union and company friendly" look at the IAM there 10 times worse.

TWU is better than the filthy disgusting bed THE IAM rolls around in with the Company!

 

[HPearlyretiree]

Everyone knows that OJ was found not guilty because he warned Nicole several times that he was gonna hurt her!


The gymnastics that the union toadies have to perform to not admit that assaulting someone is wrong is amazing.

In your hearts, you know I'm right.

 

[delldude]

I still think IAM officials by forewarning of an immenent "crisis" may have helped themsleves of any duplicity in this issue.time will tell.
also no cameras inside?? now suddenly 5 TWU members are going to have to recollect which and how many people attacked them......probably recollect something that happened and was over in 15 to 25 seconds
with one or more to identify...
then the courts will have to prove intent as to the 25 who busted up the place....may be very interesting to say the least.

The Supreme Court has held that the 1946 Hobbs Act, designed to stop violence related to labor disputes, didn't apply to efforts aimed at achieving "legitimate union objectives." Thus the FBI cannot investigate, nor the U.S. Department of Justice prosecute, such crimes -- while local prosecutors lack jurisdiction in labor-related disputes covered by federal law.

Former Attorney General Edwin Meese testified at recent hearings that due to the 1973 Supreme Court ruling in Enmons, unions enjoy an exemption that "permits union officials -- alone among corporate or associational officers in the United States -- to use violence and threats of violence to life and property to achieve their goals."

The Senate Judiciary Committee chairman, Sen. Orrin Hatch (R-Utah), has held hearings on his bill to curb union violence, the Freedom from Union Violence Act of 1997, but analysts say there isn't much hope of a committee vote on the bill.

Source: Editorial, "Protected Thuggery," Wall Street Journal, September 9, 1997.

may be why locals have not done anything yet?

may be why FBI was consulted??

 

[NeedForSpeed]

I still think IAM officials by forewarning of an immenent "crisis" may have helped themsleves of any duplicity in this issue.time will tell.
also no cameras inside?? now suddenly 5 TWU members are going to have to recollect which and how many people attacked them......probably recollect something that happened and was over in 15 to 25 seconds
with one or more to identify...
then the courts will have to prove intent as to the 25 who busted up the place....may be very interesting to say the least.


may be why locals have not done anything yet?

may be why FBI was consulted??

dude, if you really believe, truly believe what your posting....i'm concerned for you my friend. i think your way off on this one.... <_< <_<

 

[hp_fa]

I still think IAM officials by forewarning of an immenent "crisis" may have helped themsleves of any duplicity in this issue.time will tell.
also no cameras inside?? now suddenly 5 TWU members are going to have to recollect which and how many people attacked them......probably recollect something that happened and was over in 15 to 25 seconds
with one or more to identify...
then the courts will have to prove intent as to the 25 who busted up the place....may be very interesting to say the least.


may be why locals have not done anything yet?

may be why FBI was consulted??

No, they don't need to recollect all of that. Being part of a conspiracy and/or being an accomplace will work just fine as a vehicle to get them convicted of felonies.

The liklihood is that the FBI is, or has been, involved to investigate federal violations of civil rights, labor violations, RICO, and perhaps some other federal issues.

 

[IAM1776PHL]

No, they don't need to recollect all of that. Being part of a conspiracy and/or being an accomplace will work just fine as a vehicle to get them convicted of felonies.

The liklihood is that the FBI is, or has been, involved to investigate federal violations of civil rights, labor violations, RICO, and perhaps some other federal issues.

I do belive that there were also guests in the room at the time that recollect the incident in full

 

[RowUnderDCA]

I still think IAM officials by forewarning of an immenent "crisis" may have helped themsleves of any duplicity in this issue.time will tell.
also no cameras inside?? now suddenly 5 TWU members are going to have to recollect which and how many people attacked them......probably recollect something that happened and was over in 15 to 25 seconds
with one or more to identify...
then the courts will have to prove intent as to the 25 who busted up the place....may be very interesting to say the least.

Ok, just as a hypothetical argument, without connection to any specific circumstance: So you're on a jury and you get at least three pieces of direct evidence:

1) Names of folks that have some paper trail of being near the scene of a crime and maybe even 'checking' out of some activity at a time consistent with being at the scene of a crime;

2) video (presumably conclusive for ID purposes for the sake of this argument) of some of the same individuals entering a crime scene, also the video is dated and established to date and time and place;

3)eye witness accounts by people at the crime scene that saw a) individuals coming in that closely or conclusively meet the description of those in the video and/or listed on the paper trail B) some of those or all of those same individuals hitting or attacking or intimidating or 'holding the coats' of those attacking others c) some of these individuals (some of which will be individually, postively ID'd) actually beating up one of the witnesses.

Ok.. some of that might verge on VERY stong circumstantial evidence (suspect #1 enters room with mob, 5 victims get beaten up by a mob postively identified as the same mob that entered room with suspect #1, afterwhich suspect #1 leaves room with same mob), but most of it is strong direct evidence of an actual crime, or several crimes. You don't have to throw a punch to be complicit in assault. I'd hope that guarding the door while your buddy smacks somebody is a crime as well.

Then you're left with whether or not the evidence is convincing or whether or not somebody is lying or credible.

Oh, I'm not a lawyer; I don't work in criminal justice; But I did serve on a jury that disregarded a TON of strong circumstantial evidence in the face of discredited direct evidence to acquit an alleged robber. My limited observation is a eyewitness caught in a lie can undermine a ton of circumstantial evidence, but that uncontradicted circumstantial evidence with common sense can convict.

Just my two cents.

 

[delldude]

you highlight reasonable doubt which i know will be brought out enmasse when this goes forward.

you also seem to be one of the more level headed regarding this incident most want hanging now...I say let due process prevail.

I also know how the jury/prosecutorial thing works...

watch feds/locals press some hyped conspiracy/assault charges then go with some lesser charges for cooperation/speedy conclusion.

this isn't the case of the century by any means.

although innocents were hurt this stuff happens everyday everywhere and PHL has bigger issues to deal with legalwise.

and also there is some very interesting prior decisions regarding this type of union activity that possibly may make for good postings down the road.

a good lawyer will get each tried separately too....rather than as a group.