– Re: Local 370 Members shoot down Council controlled bylaws
In Reply To
also, per Carpenters Local 925 5-22-86 & NLRB Board Decision & Order, page 2 (1052 on NLRB), 2nd Par, Right Side....:FINDINGS OF FACT...."Respondent Local, a Labor Organization....
It does not matter legally how the Council Structure came about - the fact remains that contrary to "ANON: posts, UBC Locals are and always shall be "Labor Organizations" as defined by the NLRA & 29USC......TO DATE, NO BOARD DECISION, NO APPELLATE COURT DECISION OR U.S. SUPREME CT. DECISION or Congress has overturned same. (ANON's lies aside)
"but for" the Per Capita Tax, the Councils/Intermediate bodies cease to exist. Contrary to Harrington v. Chao & the bogus proposition that Union Members do not have the right to seek & choose representatives of one's own choosing stands the unaltered NLRA, Section 7 Rights stating union members do have the right to vote.
Bare in mind that said decision has only been upheld in one ciruit court of Appeals, that being the First Circuit. That McCARRON & CREW BOUGHT & PAID FOR THAT DECISION, also does not negate what the law says in plain and clear langauge, as Congress wrote it.
McCarrons had a good rund at screwing the Members over, but his days are numbered. One contrary decision, in one other Circuit Court in the U.S.A. makes the entire issue "ripe" for Supreme Court review....and they will have a field day with the First Circuits inept-incompetent ruling beyond their knowledge or comprehension of the law to decide. This is fully without consideration of 5th & 14th Amendment Constitutional issues being argued or subsequent Voting Amendments being considered.
When all items are put into the equation (into a challenge case, making it ripe for review), the right to a direct vote of the members shall be upheld. Kansas City is probably the best bet to do this. AUD can help....we need someone to set up an escrow account & start taking donations for the legal challenges ahead, as it takes money to win...at a minimum, interested UBC members should front the cost of the paper & ink, mailings, office expenses etc that those who would help us need to survive...we do that & keep em well fed, they can win this.
and ANON - simply repeating something 5-million times doesn't make it so...the law says what it means & means what it says - period....re-read section 7 & try & spin that into the Council or International has the right to Vote for me, you, anyone else. It does not.
Good Job Richard, glad someone gets it.