Monday, August 30, 2010

Court Report

August 30, 2010

Dear Brothers and Sisters,

Today in Civil Court, the Judge decided to continue all of our cases until November 1, 2010. The Judge indicated that he has heard Union cases regarding Union dues and needs more time and information. The Court was made aware of the pending appeal with the NLRB in Washington by Lee Carey and his FREE Legal friends at the National Right to Work regarding the Union Security language and that a decision has yet to be made. There is no indication when the Board in Washington will rule on Lee’s appeal but we will expect the Judge in these cases to make a decision upon returning to Court in November.

The Judge informed the defendants that they can pay now and should the NLRB in Washington over rule the NLRB Regional Director’s instant dismissal, the Local would then return any dues collected by them. Rarely does the Board in Washington overturn Regional decisions.

The bargaining unit employees refusing to pay dues have no problem accepting the monies given to them in accordance with the CBA yet they maintain they don’t want to support the Local financially. This agreement protects their wages as well as other areas of employment that would no doubt have been drastically reduced along with everyone else’s in the Country had the contract not been ratified. The Company also took from them what was taken from everyone else so why do they believe they can accept the benefits of the contract and shun the rest?

The Union Security Language is very clear stating that dues are to be paid to the Local as a condition of employment. The Freeriders contend that the language is flawed, but the fact is the Union and the Company agreed to the language that was ultimately ratified by a majority vote.

Our Collective Bargaining Agreement is a Binding Contract and we will argue that the Court require the defendants to abide by it. We brought to the Courts attention that the Members that are paying their Monthly Dues should not have to subsidize those that refuse to pay.

Without the necessary resources, the Local cannot afford to defend the contract against violations by the Company and that is why the Company will benefit in the long run when we refuse to support our Union.

The Local continues to be willing to make arrangements with bargaining unit employees that are in arrears. Please contact Local Secretary Treasurer, Linard Williams to make payment arrangements.

In Solidarity,
Ronnie Pineda,
GCC/IBT Local 140-N

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