My Three R Plan For ATU Local 1001

Perhaps the time has come to revel my Three R Plan: Reporting, Resignation and Reimbursement.

The reporting part is the easiest, I have LMRDA on my side and will eventually get the information I want either as a result of ATU International pressure or through a Federal lawsuit I can file in about three months. I have no idea what I'll find but I do have to question why the local leaders continue to ignore me. I can only assume it's because of what I describe as a "circle the wagons" mentality. I ask the question "wouldn't it be easier and cheaper for everyone if we could just all get along?"

I will make the statement that I believe that the local leaders have failed their fiduciary duty to the members. I can't possibly begin to understand if there is any criminal misconduct until I can look at the 2008 LM-2 and the supporting documents for both the 2007 and 2008 LM-2's.  

I had an earlier post regarding the Tacit Admission rule and I'm sure there are legal experts who will correct any wrong statement I might make. Tacit Admission is generally restricted in criminal law because the 5th Amendment guarantees the 'right to remain silent'. In civil cases, Tacit Admission is allowed on the theory that an 'innocent person would loudly deny a serious but unfounded charge'. Could it be that I'm getting no answers because there might be instances that could rise to the level of criminal misconduct? NAW, I'm still no more annoying than a flea on an elephant's butt.

If I were a betting man (I am), I've give myself about 50/50 odds that the current union leaders will not complete their current term lasting until December, 2010. I've been known (often) to go 'all-in' when I have a 50% chance of winning. Win a few, lose a few! I've done a quick analysis and compiled a short list of my strengths and weaknesses:

• I have the law on my side
• I have the conviction that I'm right
• Other than look for a job, I have nothing else to keep me busy
• lawyer Jones is on their side (that's another story I'll share someday :-)

My weaknesses are many but not insurmountable:

• The union has resources I lack
• There is much member apathy
• It's difficult to get the audience I need
• Inertia is hard to overcome

Reimbursement is the hardest R of all. I simply have no idea of who has the authority to require it other than a criminal court and I also have no idea if it would be feasible even if required. Perhaps that will have to remain my unfulfilled dream.

If this were merely a battle of wits, I would be certain of victory; pop-guns (for those who remember) are assuredly not the weapon of choice against a modern army. I must always remind myself, however, to heed the advice of the circa 1880's Army Officers Guide: "“Enlisted men are basically stupid. However, they are sly and crafty and bear watching at all times.” Lest I offend anyone, I am not implying that anyone is stupid, only that I would be stupid to take anything for granted.