– HONOLULU STAR BULLETIN, LTD
In Reply To
123 NLRB 51, date 3-26-59 page 402-403 Charge 1.
"Two specific contentions of the General Counsel relating to the Contract remain for consideration, i.e., the allegations that the Respondent violated the Act by making the payment of dues and assessments a condition of employment and by agreeing that the foreman must be an active union member and that only the foreman may employ and discharge".
"While the only specific provision requiring the payment of dues and assessments appears in the ITU's Bylaws, 21 the relevant sections must be consulted in order to interpret the above-quoted provisions of the General Laws which require that only "members", "members in good standing", or members entitled to all benefits be employed.
Examination of the pertinent sections of the bylaws quoted in footnote 21, supra, leaves no doubt that the payment of dues and assessments is essential to be a Union member, to maintain membership in good standing, and to be entitled to the benefits of membership.Hence, the payment of dues and assessments has been made a condition of employment".
"The payment of assessments may under no circumstance constitute a condition of employment, and the requirement for the payment of dues may be valid only under a union shop agreement which meets the requirements of section 8(a)(3) of the Act"......
POINT: EXAMINE YOUR CONTRACT/CBA & LOCAL/COUNCIL BYLAWS......re: Dues Assessments, Work Assessments & all other forms of Assessments are facially unlawful.
Most, UBC CBA's use the 'joint phrase' OF: DUES ASSESSMENT in the Article format of the typical UBC Contract, which then via direct reference, refer you back to Trust Fund Agreements (Pension, Annuity, Health & Welfare....and all the ones your nickeled & dimed for) which they then claim supersede the CBA's and also allow the TRUSTEES/FIDUCIARIES unfettered dictatorial control to impose any & all form of UNILATERAL CHANGES to the contracts, the CBA's at any time and in any manner they see fit, all without renegotiating the contracts, bargaining to impasse, taking a secret ballot vote of the the rank & file member(s) thus effected & impacted and therein violating the NLRA & section 7 rights via autocratic fiat.
This is the who, what, when, where, why & how of where the FUNDS FIDUCIARIES & TRUSTEES bilk the members, defraud the funds & piss away UBC brother & sisters monies, all w/o so much as a challenge from anyone (well, most...even if you do, you are shot down, then blackballed, then doomed to the OWL...etc)
page 407-408 Wrongful discharge/termination....via Campaign Release & Ideas Expressed therein, coercion found.....see footnotes & cases cited also.....re: for being "a thorn in the side of both management and the union"......."dissemination of ideas" etc.
Hey, thats about everyone on this site, your all fired....oh wait, they can't do that....why the Board said so. Bottom Line, as long as the demand is not unlawful, your covered.
Charge 2) is on the dual agency status of a foreman, which is not being addressed in this blog format
And....Arbitration Awards upholding such a discharge are not binding upon the Board!
ANOTHER R.O. WALSH ISSUE.....HE NEEDS TO ADDRESS THIS