"I'm Stupid & Incompetent" Defense

I'll recap the story. I was fired from my job at First Transit, Longmont, Colorado back in January, not because I was a disciplinary problem (model employee) but because I had the audacity to get very ill - $300,000 in medical bills had nothing to do with the decision.

I was a member, in good standing, of Amalgamated Transit Union Local 1001 and paid my dues for over two years, even when I was out sick with no paycheck. I was a great little union soldier, although I will admit that when the organizers came around with their hands out, I always asked what they were going to do for me and refused to donate a penny beyond my dues.

After I was fired, I figured as long as I was paying dues, I might as well talk to the boys down at the union hall. Surprise, I was told "If the company fired you, they must have had a legal reason and what do you think we can do about it?" Well, duh - represent me, isn't that what I paid for?

It's another story but I contend that the company violated my Collective Bargaining Agreement, FMLA and possibly some EEOC laws. That will all be decided at some time in the future but the point is, my union DID WORSE THAN NOTHING, they first lied to me and then scoffed at my claims for reasons I still haven't determined. Perhaps old white guys just are unimportant.

I suppose I could have let it drop and started after the company but here's how I see it. The company paid me for the privilege of screwing me - I had to pay the union! When I have to prostitute myself at least let's get the transactions correct.

I learned about "Failure To Represent" as defined under the National Labor Relations Act and filed a complaint with the National Labor Relations Board. I already knew I had little chance of success, the standards a union must meet are very low, and I wanted nothing from the union - it's the members money.

As expected, the regional board eventually met and decided that the union's conduct did not rise to the level necessary to proceed with a NLRB action. Although I could have appealed, I decided to withdraw my complaint at that point. I believe that the NLRB treated me fairly given the constraints they operate under.

I wasn't allowed to see the union's answers (it was a thick file :-) to my complaint (it's private until an action is filed) but in my dealing with the union, it's obvious they used the "Stupid and Incompetent" defense, "How can you possibly expect us to understand when a member is illegally terminated? Investigate and see if the member's complaint has merit? Naw - too busy drinking coffee, scratching my butt and playing on the internet" It's interesting to note that the union attorney, lawyer Jones, was not even consulted until AFTER I had filed a complaint with the NLRB but I suppose if you're going to use "Stupid and Incompetent", you've got to go all the way.

It's a shame that "Stupid and Incompetent" are legitimate defenses to "Failure to Represent" but it is what it is.

It Shall Be Illegal............

No doubt about it, I don't like to pay taxes!!

I wish that I had a choice but as a citizen I understand that I have to contribute to running the government (regardless of how poorly I think the job is being done) and will continue to do so.

Besides the government, only one other group can force my employer to withhold money from my paycheck, a LABOR UNION! Certainly if I owe someone money they can go to court and garnishee my wages but in that case, I have a right to due process and the withholding is done under the auspices of the government courts - no such right regarding Labor Unions exist in 28 of the 50 states.

I didn't get up one morning (at 60 years old) and say "Gawd, I know what my life is missing. I need to learn to drive a bus and join a union." The conversation with myself was more along the lines of "I'd better find a job today. It's cold and I really don't want to have to start sleeping outside" Yes, I knew going in that paying dues was a requirement if I wanted to keep the job but after two years of paying dues, and getting NOTHING in return, I'm a lot wiser and more cynical - the answer to why forced unionism is allowed to exist is simple - it's a government protection racket that generates billion of dollars in contributions to union lapdog politicians and ultra left wing (can you spell socialist?) organizations. Any other group running the scheme would long ago have been prosecuted and jailed under RICO.

I'm sure that there are honest unions (perhaps those with only two members?) where the goals of the officers are to actually represent the members but surprise! You local has no requirement to actually do so. Sure, there is something called "failure to represent" but the standards imposed on unions are so lax that incompetence and stupidity are a legitimate defence against a "failure to represent" complaint. In Colorado, and the other 27 states without right-to-work laws, you can be forced to spend your hard earned money for that level of representation. Sigh!

There is a simple solution; my own version of The Employee Free Choice Act:

It shall be illegal for any employer or union to require payment of union dues as a condition of employment and it shall be illegal for any employer to withhold union dues from an employee's wages without the express written consent of the employee.

Simple, straightforward and true free choice.

Let the corrupt, fat-assed, do nothing except play on the Internet (facebook) union bosses live under those rules and compete for my dollar, instead of having government protection and being able to confiscate it, and we'd see how long unions stay around!

I'll close with a reminder to all union members. You are the union and the officers work for you. When they enjoy the generous salaries, perks and benefits you provide and give nothing back, is it any wonder that the public perception of a union member is so low? The officers are the most visible and certainly do little to dispel the myths.

P.S. Unions have chosen to use the "Union Rat" (pictured above) in their protests. It's their symbology not mine.

SIGH - I LOST!!!

For anyone who remembers, I filed a National Labor Relations Board (NLRB) "failure to represent" complaint against my one-time union, Amalgamated Transit Union local 1001. Late yesterday afternoon, I was notified that my complaint did not rise to the level needed for the NLRB to pursue an action under the National Labor Relations Act (NLRA). 

Even though I lost, it was a pleasure to deal with the dedicated government employees in the Denver office of the NLRB and I have informed them that I will withdraw my complaint and not appeal the decision.

I am not surprised by the decision, the NLRA was never meant to protect a member from ignorance and incompetence; that's the individual member's job and the reason for elections, scheduled to elect officers or decertification. The next scheduled election of officers is in December, 2010 but a decertification election could be scheduled if 30% of the members, of ANY bargaining unit (other than RTD, different rules), decided they no longer wanted to belong to the union. The actual decertification is more difficult - it takes a majority vote of all the members in the bargaining unit, not just voting members.

Gracious in victory or defeat, I have already sent lawyer Jones (William B. Jones - 1001 staff attorney) my congratulatory email and I apologize to the members for any money I may have cost them.

So, round 1 to ATU Local 1001. Down but not out, I'm still following the rules and trying to get the local to tell me how they spent my money. For whatever reason, they refuse to tell me and my appeals to ATU International have fallen on deaf ears. Is someone trying to hide something?

My countdown gadget broke and I had to remove it but the four months specified in the Labor-Management Reporting and Disclosure Act (LMRDA) began a couple of months ago - two to go.

Animation courtesy of Gifs.net