– Re: UBC International Refuses right Under 25 b to create local bylaws
In Reply To
"Finally, the Union Security clause in Article V is facially unlawful. The union-security clause explicitly requires compliance with the Union's Constitution and Bylaws, a requirement which violates Section 8(b)(1)(A)...see Stackhouse Oldsmobile, Inc. v. NLRB, 330 F2d. 559 (6th Cir. 1964); and....
Electrical Workers Local 3 (White Plains), 331 NLRB 1498 (2000) (finding Facially Unlawful a Union Rule requiring hiring hall users to comply with internal rules to maintain their position on the referral list.....The rule here, however, requires employees to comply with the Unions Constitution and Bylaws as a condition of Employment. Such a requirement violates the Act."
Stackhouse cite Scofield witrh the U.S. Supreme Court (1969). However, since the ruling issued, both Supreme Court precedent has changed as has NLRB Board precedent, not in terms of being able to resign to escape the rule - but in terms of what the Union, in this case, the UBC is allowed & not allowed to do to its members.
Currently, NLRB Board precedent which has been upheld at the Appellate Level & Sup. Ct. allows Unions to suspend, fine and/or expel members for but one thing - the failure to maintain and pay dues to keep his/her good standing under a lawful union security clause.
All other items are off the table Mr. Anon. Both the International and Council Bylaws are facially unlawful & have been upheld, without change, by the NLRB Board, duly quoromed and decided - hence no further appeals are allowed.
Moreover, under the NLRA when the NLRB Board issues a final decision & order, said ruling becomes "Federal Labor Law". Unless and until appealed, overturned etc. said ruling becomes the law of the Land. That means the UBC & each & every Council and Local nationwide shall abide by said D & O, which is embedded into Labor Law. This also includes any other Labor Union and/or Labor Organization.
Mr. Dorrough is again correct in his reading of the Internationals decision & his new Local 370 Presidents failure to stand for the men & woman in said Local.
Should the Local, Council or International attempt to bring up members on trumped up charges, fine, suspend or expel members so involved as retaliation and/or retribution for doing the right thing, and thus effect their "employent", said actions would provide those so charged, tried, convicted, thrown out....unemployed a prima-facie case in District Court or Federal Court for wrongful termination, discrimination, willful, wanton & reckless behavior, gross negligence, fraud, perjury etc & subject the Local, Council & International to punitive damages, pain & suffering and on and on.
KEEP UP THE GOOD FIGHT RICHARD...YOU CAN WIN THIS
anon - NLRB 354-12 (12-31-09)