IBT 1108 Attempts to take NJASAP funds

[Options_SLAVE]

Title III of the LMRDA has defined limits within the RLA. Trusteeship has a much higher bar for RLA dedicated labor organizations.

http://www.laborers.org/UnionRights.html

LMRDA
Title III – Trusteeships
Title III of the LMRDA provides controls on the use of trusteeships. Under the Act, a "trusteeship" is "any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordinate body under its constitution or bylaws." Simply put, a trusteeship means an international administrator is sent in to run the affairs of the local union.
A trusteeship is one of a number of disciplinary devices by which the international union can control the actions of the local and its members. In their original form, trusteeships were imposed by parent unions to remedy corruption by union officials at the local level. However, the use of trusteeships became so widely used and subject to enough abuse that the McClellan Committee included them in its investigation. Obviously, legitimately utilized, a trusteeship can be indispensable to cleaning up a local and keeping the union strong, while a trusteeship imposed for improper or abusive reasons deeply violates the democratic rights of a local’s membership and takes away their voice in union matters.
Title III was designed to prevent abuses of the trusteeship remedy. Under Title III, trusteeships may be established over subordinate unions only in accordance with the constitution and bylaws of the union imposing the trusteeship, and for one or more of the following purposes:
0. Correcting corruption or financial malpractice;
0. Assuring the performance of a collective bargaining agreement or other duties of a bargaining representative;
0. Restoring democratic procedures; or
0. Otherwise carrying out the legitimate objects of such labor organization.
[It is illegal to establish a trusteeship simply to throw out a local leadership that does not go along with the international, or to suppress insurgency, or to get control of the local’s money, etc.]
Unions which impose trusteeships must file with the Secretary of Labor special reports within 30 days of the establishment of a trusteeship and must report semiannually thereafter. In the initial report, the union must include, among other information, the date the trusteeship was established, a detailed report of the reason or reasons why the trusteeship was established, a complete account of the financial status of the trusteed organization at the time the trusteeship went into effect, and statements regarding the extent to which members of the trusteed organization take part in electing the officers of the union which has assumed the trusteeship, as well as in selecting delegates to represent them at union conventions or other policymaking meetings.
Under Title III, a trusteeship is presumed valid for 18 months from the date it is established, and cannot be attacked during that year and-a-half except upon "clear and convincing proof that the trusteeship was not established or maintained in good faith for a purpose allowable under [Title III]." When the 18 months has expired, the trusteeship is presumed invalid in any proceeding and will be discontinued unless the union shows by "clear and convincing" proof that the continuation of the trusteeship is necessary for an allowable purpose.
In administering a trusteeship, two practices are specifically prohibited: 1) It is unlawful to count votes of convention delegates from the subordinate organization unless they were elected by secret ballot in an election where all members in good standing could participate; and 2) It is unlawful to transfer any funds from a subordinate to a supervisory organization, except normal per capita taxes and assessments payable by other subordinate bodies.
Title III provides two enforcement alternatives:
0. A union member, or a subordinate body affected by a violation, can file a complaint with the Department of Labor, which must investigate. If the Department of Labor upholds the complaint and the union refuses to lift the trusteeship, the Department can file a civil action in district court [if the Department files suit, the court’s jurisdiction is exclusive]; or
Any union member or subordinate body of a union affected by a violation of Title III can bypass the Department of Labor and file suit directly in district court.

Tell it to the judge. The auditor found reason to suspect that there may have been a considerable amount of money misappropriated for NJASAP activities. Under section 6 of the IBT constitution that is all the GP needed to invoke emergency trusteeship. Spew all the caselaw here you want. We'll see what happens in the real court room, if you want to take it there. Or if the IBT wants to take it there.

No NJA pilot wants to answer the question of what they wanted continued access to those accounts for. What were you planning? What did you get stopped doing that has you so upset?

 

[CastofThousands]

Tell it to the judge. The auditor found reason to suspect that there may have been a considerable amount of money misappropriated for NJASAP activities. That is all the GP needed to do to invoke emergency trusteeship. Spew all the caselaw here you want. We'll see what happens in the real court room, if you want to take it there. Or if the IBT wants to take it there.

Again, false. The IBT auditor (Hunington) who is the son-in-law to Dick Bell, one of the top Teamster administrators completed a 6 week audit in early March. He held 1108 as the gold standard barer within the Teamsters and labor.

The auditor (Hunington) showed up for half a day and worked closely with the IBT bookkeeper the first week of July and now your story above ...

1108 has the records of the 6 week audit. Just admit it ... Teamster hack BS and they all got beat at the game.

Keep on showing the naivete...

Next,

 

[RTRHD]

Tell it to the judge. The auditor found reason to suspect that there may have been a considerable amount of money misappropriated for NJASAP activities. Under section 6 of the IBT constitution that is all the GP needed to do to invoke emergency trusteeship. Spew all the caselaw here you want. We'll see what happens in the real court room, if you want to take it there. Or if the IBT wants to take it there.

So whats happening now both sides are crooked????

 

[Options_SLAVE]

Again, false. The IBT auditor (Hunington) who is the son-in-law to Dick Bell, one of the top Teamster administrators completed a 6 week audit in early March. He held 1108 as the gold standard barer within the Teamsters and labor.

The auditor (Hunington) showed up for half a day and worked closely with the IBT bookkeeper the first week of July and now your story above ...

1108 has the records of the 6 week audit. Just admit it ... Teamster hack BS and they all got beat at the game.

Keep on showing the naivete...

Next,

Hmmm. Boy I predicted that one. I especially like the kindergarten comeback at the end. Time will tell who was trying to swindle who. You just got stopped before you could get away with something and it just irks you something terrible. Someone did get beat at the game, that's for sure. Heheh.

 

[steelersrule74]

Tell it to the judge. The auditor found reason to suspect that there may have been a considerable amount of money misappropriated for NJASAP activities. Under section 6 of the IBT constitution that is all the GP needed to invoke emergency trusteeship. Spew all the caselaw here you want. We'll see what happens in the real court room, if you want to take it there. Or if the IBT wants to take it there.

No NJA pilot wants to answer the question of what they wanted continued access to those accounts for. What were you planning? What did you get stopped doing that has you so upset?

if this weren't so tragic i'd be crying from laughing so hard. You are of course referring to the IBT auditor correct? oh, btw - this is the same guy that audited 1108 for almost 6 weeks and said we were the best run local he had ever seen. but i'm sure you didn't speak to him directly, someone must have 'told' you what he said.......

carry on.

 

[CastofThousands]

Tell it to the judge. The auditor found reason to suspect that there may have been a considerable amount of money misappropriated for NJASAP activities. Under section 6 of the IBT constitution that is all the GP needed to do to invoke emergency trusteeship. Spew all the caselaw here you want. We'll see what happens in the real court room, if you want to take it there. Or if the IBT wants to take it there.

There is no judge - the IBT scam failed in a major way. The IBT left with their tail tucked. Airing things out is a SU principle.

It's not the NetJets pilot union leadership's first rodeo...

In fact, the IBT bait and switch was immanently predictable. The sad part was who also joint the scam.

 

[Options_SLAVE]

I meant Moore as the auditor... did you think he was there to go shopping at the mall?

There was a scam all right, at least from what I smell, but it got stopped when the accounts were transferred into the FO MEC's names. Now the question's about the misappropriated funds that you guys possibly used to form your new pilot association and for buying your pilots computers, flight loss pay, etc.

 

[steelersrule74]

ahhh, so you think your elected leaders should use their own equipment and work for free?

fine idea, let me know what the eboard thinks of it.

 

[CastofThousands]

Hmmm. Boy I predicted that one. I especially like the kindergarten comeback at the end. Time will tell who was trying to swindle who. You just got stopped before you could get away with something and it just irks you something terrible. Someone did get beat at the game, that's for sure. Heheh.

That's the point you are missing ... go read the agreement, again. It's over. The NetJets group assured the outcome. In fact, the NetJets group wasn't stopped from anything, the opposite is true; the NetJets group made it all come together and close smoothly despite the attempts of others.

The NetJets leadership group gets it done and they NEVER laid our heads on Hoffa or anyone else's shoulders - we do it with ice in the veins.

I know the Flight Options pilots have it. But, it must always be demonstrated from the top. The Flight Options pilots must do it on their own. Relying on Hoffa is a critical error.

 

[Options_SLAVE]

ahhh, so you think your elected leaders should use their own equipment and work for free?

fine idea, let me know what the eboard thinks of it.

No, I don't. In fact I think we have ONE person who has a laptop that the Union paid for, that he will have to return when he no longer is using it for the Union, because it's a Union asset - not a free gift given to him by our pilots. To keep such a union-paid-for-asset would be unethical at a minimum.

So.... there will be some union-bought equipment coming back to the Local from NJASAP leadership now, right? I mean, since the FO MEC members have been called unethical (for simply assuming ownership of the Local's bank accounts), your guys wouldn't be unethical and KEEP equipment paid for by the 1108 would they?