NAGE vs NEPBA Lawsuit?

Anyone out there know what happened on this case.... it was scheduled to go to trial on October 3 2010.... can't seem to find any update on this Lowell sun article:

(Copyright (c) 2010 ANG Newspapers. Cannot be used or repurposed without prior written permission.)

DEDHAM
-- A three-year feud between a police union and the breakaway union
formed by its former members is scheduled for trial on Monday.

In
2007, the National Association of Government Employees sued six former
officials, accusing them of secretly working behind the scenes to form a
new union and breaching their fiduciary duties to NAGE.

The
suit named Gerald Flynn and Bryan McMahon of the Lowell Police
Department, Andrew Ray of the Tyngsboro police, Martin Conway of the
Billerica police, Ronald Scaccia of the Nashua police, and Sean McArdle
of Cape Cod. McMahon now serves at president of New England Police
Benevolent Association, Flynn as executive director, Conway as executive
vice president and Scaccia as N.H. state director, according to NEPBA's
website. Ray has since died.

Flynn has been adamant from the start that he will not settle this lawsuit, describing it as "sour grapes" and "frivolous."

NEPBA
has 4,000 members in 100 local unions throughout New England, including
Lowell, Billerica, Dracut, Chelmsford, Tyngsboro, Tewksbury, Dunstable,
Wilmington, and Salem and Nashua, N.H., Flynn said.

In
December 2008, Norfolk Superior Court Judge Barbara Dortch-Okara
dismissed allegations of misappropriation of trade secrets because,
simply, there were no trade secrets. She also dismissed a complaint of
"unjust enrichment" against the six officers, saying there was no
evidence that they profited from dues going to NEPBA instead of NAGE.

Five
other issues remain for trial. Dortch-Okara refused to dismiss the
allegation of breach of fiduciary duty, writing, "Rather than notifying
NAGE of the unions' discontent, Flynn took advantage of the situation
and encouraged these local unions to choose NEPBA as their bargaining
agent."

She also kept alive an allegation for civil conspiracy.

Dortch-Okara
wrote, "a jury could find that Flynn, Ray, Conway and McMahon
participated in a common plan to substantially assist and encourage each
other to breach their fiduciary duty."

In
the lawsuit, NAGE alleges that the six officers served as national
representatives of NAGE, a national labor union, at various times from
1998 to 2006.

In 2001, Flynn approached
NAGE's national vice president about forming a new union in 2001 due to
dissatisfaction with NAGE, according to the lawsuit. NAGE's constitution
and bylaws impose a high level of responsibility on its
representatives, including the duty to notify NAGE if a local union
wants to disaffiliate from NAGE, the judge wrote.

In
2005, Flynn led a meeting at NAGE's Billerica office with McMahon,
Conway and others to discuss starting a new union, NEPBA, and
decertifying NAGE.

NEPBA registered its website and arranged for space in the same building as NAGE.

Flynn
resigned from NAGE on Nov. 28, 2005. The next day, Flynn and McMahon
flew to Florida to meet with Samuel Cabral, president of the
International Union of Police Associations, about affiliation.

"At
this meeting, Flynn and McMahon presented to Cabral a 13-page proposal,
as well as a bag, shirt and jacket with New England PBA logos printed
on them," the judge wrote.

On Dec. 5,
2005, Conway, Ray and McMahon resigned as NAGE national representatives.
The lawsuit alleges they took NAGE contracts and membership lists.
McArdle resigned in October 2006.

Even
before the election to decertify NAGE as their union, the six former
NAGE officers were aware that some of the local unions had stopped
paying NAGE dues and shifted those dues payments to NEPBA, the suit
alleges.

The other officers, while still NAGE representatives, participated in meetings about the new union.

Credit: Lisa Redmond, lredmond@lowellsun.com

Municipals score early retirement incentives while NAGE fails its members

Here's an update on what i reported earlier in the year.... the Municipal unions hang onto their cadillac Health care plans (no stinkin GIC cuts for them!).... and they score a tasty early retirement incentive.....

while the municipals keep scoring these sweet deals.... what is NAGE/SEIU 5000/ACORN doing for you?....

....well besides robbing you of your monthly dues, NAGE is already in talks with the administration concerning:

• watered down insurance plans that will cost the state less,
  
• increase the number of years to 80% retirement (from the current 30 years to 35 years,) and
• increase the pension withholding from your dwindling paycheck.... a good guess would be to increase withholding by 3% to offset the big 3% raises coming.
  

(see the trial balloon on the NAGE web page, .....how long can it be before we're hearing from
NAGE that it's time for members to sacrifice once again... their pensions and their health insurance.... that is.... hey those illegal aliens need that free healthcare... so you'll have to pay more for yours
to help fund that important program.... )

National Executive Vice President/Local 207 President Theresa
McGoldrick met yesterday (Dec. 20) with Administration and Finance
Secretary Jay Gonzalez to discuss budget issues for fiscal years 2011
and 2012 and the closing of the projected $1.5 billion budget gap the
state faces for FY12. McGoldrick was joined by several labor leaders
from around the state.

"We had an open and honest discussion about the next two years and

about the concerns our members have. I can tell you that on behalf of
members, I was very vocal about the issues that could affect us the
most—like pension reform and healthcare benefits," said McGoldrick. "I
can also report that Secretary Gonzalez acknowledged the sacrifices we
have all been making. He was very sincere in expressing his appreciation
for our cooperation and collaboration in working through one of the
worst economic times our state has faced."

Yeah....and i'm sure they'll really appreciate the new concessions that NAGE is discussing..... thanks NAGE

MUNICIPAL EARLY RETIREMENT INCENTIVE PLANS FILED AND APPROVED
Twenty-nine plans approved by PERAC

The early retirement incentive authorized by Section 66 of Chapter 188 of the Acts of 2010 is well underway.
Municipalities and other eligible entities were to file their plans with PERAC no later than September 28, 2010. Twenty-
nine plans were approved.  The plans have since been returned to the entities that submitted them for approval by their
respective legislative bodies.
The systems that filed plans with PERAC are as follows:
Athol
Barnstable
Braintree Municipal Electric
Carver
Charlton
Chatham
Chicopee
Everett
Haverhill
Holyoke
Holyoke Gas & Electric
Kingston
Leicester
Mansfield
Medford
Methuen
Milton
Norwood
Salem
Tisbury
Wakefield Gas & Electric
Waltham
Warren
Wellesley Light
West Springfield
Westford
Westminster
Worcester
Yarmouth

NAGE fails...Municipals score Early Retirement Package

After telling state employees to go suck an egg, that is

..... NO stinkin 1% raise over two years, let's make it, say 3 or 4...

......mandatory furloughs,

......layoffs,

......new $750 health care deductible,

......reductions in optical, dental and health insurance benefits....



NAGE State Employees settle for less than nothing from the Gov and the Legislature..... but....



What is the Governor and Legislature prepared to offer Municipal employees?...



A "LIMITED" (wink-wink) ERIP (Early Retirement Program..... )

(City and Town workers get to add 3 years to their age or 3 years to length of service....nice!)



Obviously there are more state employee concessions on the way to pay for this pricey program... (the
gov and the legislature put out press releases last july saying that
there would be no ERIPS because they don't save any money..... but as
long as it comes out of NAGE hides I guess the additional cost is
OK....)

Isn't that the usual course????...

.....need to pay for illegal immigrants health care?,

.....or Fat Municipal Helathcare insurance ?,

.....or nice annual COLAs for municipal unions?.....

No problem simply dial 1-800-NAGE-GiveBacks... here's how I imagine it....

DevalPatrick:"Hi Dave?, Deval here.... yeahhhh, we're going to need some more concessions from the sheeple, can you take care of it?

Holway: "No problem Gov, those dolts do believe whatever we tell them.... just keep those dues coming..."

DevalPatrick:"Thanks, I knew we could count on you...

I'm guessing that the Administration is already sitting down to
negotiate further state employee concessions with Dave Holway and SEIU
to fund this costly kiss to the Municipals...



NAGE shakes you down for $5.4 million a year in dues, and sells you down
the river.... they continue to fail you....when will the sheeple wake
up?



Here's the particulars from the Gov's web site.



Municipal Early Retirement Plan

The Governor today sent a letter to the Committee on Municipalities
requesting it include additional proposals in a municipal relief package
the committee is expected to report out shortly.

Among the Governor’s new proposals is an optional Early Retirement
Incentive program for cities and towns. The proposal is structured in a
restrictive manner to ensure that desired near-term savings exceed the
present value cost to the pension system while still giving city and
town managers sufficient flexibility to structure the program in a
manner that avoids adverse operating impacts. By making this program
available at local option, it will give cities and towns the flexibility
to determine for themselves whether this tool is appropriate for their
community.

Under the terms of the plan, eligible employees must have at least 20
years of service and must be paid out of the municipality’s operating
budget. The number of participating employees shall be limited, with a
strong consideration for the impact on municipal services and programs.
Eligible employees would receive a maximum of three years of additional
age or creditable service, or a combination of the two, the sum of which
may not be greater than three.

Obama Tax cut plan acutally increases taxes on NAGE members

President Obama, that darling of SEIU/ACORN/NAGE, seeks to increase taxes on Public Employees (including Mass State employees) in order to fund payroll tax reductions for those paying into Social security.

Thanks NAGE/SEIU/ACORN.... for stealing our dues to support the ultra-leftwing policies of the SEIU (whose primary strategic aim is to get every janitor, food service worker and  illegal alien into a shitty low-paying (but dues paying.... to SEIU) job.

NAGE continues to transfer your dues money to SEIU in order to fund such socialist crap.... while you get nothing.... but furloughs, pay freezes, premium and deductible increases, and benfit reductions.....AND NOW TAX INCREASES

How's that working for you stupid sheeple?..... wake up. NAGE is screwing you left & right.

Read all about it here:
http://www.nytimes.com/2010/12/09/business/economy/09tax.html?_r=1&scp=1&sq=tax%20public%20employees&st=cse

tax pIn Tax Deal, Many Public Employees Will Pay More
By DAVID KOCIENIEWSKI
Published: December 8, 2010



More bad news for government workers.

At a time when state and local governments across the country are imposing furloughs and layoffs, and President Obama has frozen pay for federal employees, it turns out that one of the few groups to face higher federal taxes next year may be public sector employees.

The proposal to extend the Bush-era tax breaks unveiled by Mr. Obama this week would offer a tax cut for most Americans. The deal would end the Making Work Pay credit, which gave a tax reduction of up to $400 to workers with low and middle incomes. That credit will be replaced by a 2 percent decrease in the payroll tax for Social Security for people of all incomes.

But more than six million federal, state and local government employees do not pay into Social Security at all. Instead, they pay into public pension systems. So if the agreed proposal becomes law, such employees will lose the $400 credit and would not reap any benefit from the payroll tax cut.

According to the most recent statistics by the House Ways and Means Committee, more than 174 million workers paid into Social Security in 2007, but about 5.7 million state and local government employees paid into other pension systems. While the federal government has been moving its work force into Social Security in recent decades, there were still 600,000 employees excluded from it in 2007.

Some tax experts say that it is unfair for a $900 billion tax cut package to give a quarter of its benefits to the top 1 percent of wage earners while forcing public sector workers, who are largely middle class, to have to pay more.

“It makes so little sense that you have to hope that the people who negotiated this didn’t think it through,” said Robert McIntyre, director of Citizens for Tax Justice, a public interest group aligned with unions. “And when they do think it through, they’ll realize it’s not fair. It would be cruel not to do something about it.”

Amy Brundage, a White House spokeswoman, acknowledged that the current version of the plan could result in a higher tax bill in 2011 than 2010 for some government workers. But she stressed that the plan would nonetheless spare them, and all taxpayers, a much steeper increase that would have resulted if no deal had been struck and all the Bush tax cuts were allowed to expire on Dec. 31.

While Mr. Obama had proposed an extension of the Making Work Pay credit, the $120 billion payroll tax reduction worked out is twice as large and will offer a break of up to $2,136 each to millions of middle- and high-income taxpayers.

“The payroll tax cut would reduce taxes for over 155 million workers, providing effective tax relief that will create jobs and boost the economy,” Ms. Brundage said.

While many Democrats have criticized Mr. Obama for abandoning a campaign pledge to let the cuts expire on the wealthiest 2 percent of wage earners, Ms. Brundage said that the president did so only after winning the extension of an assortment of credits for low-income Americans and a 13-month extension of unemployment benefits.

“The cumulative impact of these provisions will be good for America’s working families and our economy,” Ms. Brundage said.

Leaders of the American Federation of State, County and Municipal Employees were muted in their reaction to the prospect of more taxes for public employees.

The union spent $90 million to help elect Democrats during the last election cycle, when Mr. Obama promoted a plan to preserve tax cuts for all but the wealthiest 2 percent of Americans. But Democratic leaders in Congress declined to vote on the measure before the elections and, after Republicans won control of the House, could not win approval for it during the lame duck session of Congress.

“We are aware of it,” said Gregory King, a union spokesman, “and we are discussing it with the appropriate leaders in Congress.”

Holway & NAGE Toadies party set for Sept 7-11

Well it's SEIU 5000/ACORN (aka NAGE) national convention time again  folks.....

Here are the sacks of excrement that will once again sell the membership down the river in return for a few drinks and rubber chicken dinners:


Do you think these scum will be reserving the free cafeteria meeting room at One Ashburton, and "Brown bagging" it?..... NO WAY! That is just for you dues paying dolts......

no, no....Please!...Holway and his minions, and the other SEIU 5000/ACORN ignorati are set to party down at your expense while squandering more of your hard earned dues on an all expenses paid good time...for themselves........

NO IT'S GOING TO BE BOOGIE NIGHTS for the Burgin Parkway Bandits.....

In ATLANTIC CITY at the resorts hotel in atlantic city.... .... hey that's one man's opinion.... squandering..... they don't need to go to a resort casino to conduct their "busniess".... they can sit around and blow smoke up Holway's arse right at the Burgin parkway headquarter.....

After Holway gets the toadies liquored up, isn't it typical to have them vote through a DUES INCREASE for the long suffering membership?

Hey, not only have they got increasing expenses (Hotels, airlines, x-mas parties, huge salary increases for themselves, not to mention the sky rocketing costs of health insurance) .... hey you don't expect to see these jerks taking increased premiums, cuts in benefits, copays and decutibles.... do you?

Not to mention losses in Revenue....like the imminent loss of the Mass Trail Court Employees who are so sick of being poorly served by SEIU/NAGE ACORN 5000..... one shitty contract after another, increases in insurance premiums and co-pays, new deductibles, furloughs.... at least these folks are doing something about it.

By the way, don't expect NAGE's dissembling, dilatory tactics to do anything but delay the inevitable.... hang in there folks you're going to get your election and you'll throw they scoundresl out.... get a real bargaining agent

I'm guessing that there will be open bar at the resorts hotel in atlantic city

Hey the prices look reasonable (especially if the tab is being covered with our members dues:

Beverage Arrangements

All bars are stocked with the following liquors:
Dewars Scotch, VO Whiskey, Jack Daniels Bourbon, Premium Vodka, Beef Eater Gin, Bacardi Rum, Tequila, Kahlua, Imported and Domestic Beer, Red, White and Blush House Wine, House Champagne, Assorted Soft Drinks and Bottled Water

HOST BAR - BY THE DRINK
Premium Brand Liquor $6.00
Imported Beer $5.50
Domestic Beer $4.50
House Wine $5.00
Cordials $7.00
Soft Drinks $2.50
Bottled Water $2.75

HOST BAR BY THE HOUR, PER PERSON

Premium Brands
One Hour $15.00
Two Hours $21.00
Three Hours $26.00
Four Hours $30.00

BARTENDER FEE
$150.00 per Bartender (4 HOURS)
$50.00 per Hour, for each additional hour

I think there will be plenty of time for drinking and gambling.... the "agenda" is so thin it's invisible:
Where's the dues increase?

1% Pay "raises" kick in June 30th.... layoffs will continue

In "NAGE-Speak" they are raises..... but you already paid for them, and then some, with the furloughs.

Your furloughs amounted to about a 1.6% pay cut (for a long term employee)  taken out over 5 pay periods, now you'll be paid back 1/2%  over the next 12 months (remember you were entitled to that 1% a year ago... now it's being spread over two years... that's  1/2 of 1%)..... and NAGE calls that a raise!

Ask the Boston firefighters union how they calculate raises .... they are getting their full 19% retro back to the begining of their contract, and now they are sitting down at the table again..... NAGE just rolls over with NO RETRO and allows the administrations to set clock forward for another 3 years with no penalty (except to the members) for their dishonest and dilatory tactics at the table (doesn't matter whether it's republican or democrat.... doesn't matter whether state revenues are in decline or at an all time high surplus)..... NAGE just rolls over.....

Layoffs will continue....

What about the line of crap from NAGE about accepting the furloughs in order to spare NAGE members from layoffs?...... just more BS from Burgin Parkway.

Well Prez Holway, exactly who, and how many, and where were "spared"???
.... the silence is deafening from Burgin Parkway, as usual..... they've got nothing to say, because its pure unadulterated BS....and they know it.

If they could actually produce any truthful figures about how many were spared lay-offs they'd be crowing about it on their sham of a website.

New member Blog?... and SEIU-ACORN-NAGE 5000 politics

Well.... Brother no offense taken..... I'd love to see another member blog....

By the way if you'd like to read about more about NAGE tactics in screwing members check out this post http://nagemembers-units1-3-6.blogspot.com/2010/05/massive-layoffs-pending-important-post.html

I think you are naive (with your desire to refrain from mixing political opinion and union business) ... no offense intended....
You see, the self-serving and ego motivated focus on politics by President Holway and other midget Machiavellis in SEIU-ACORN is one of the fundamental flaws of NAGE 5000....

These POS dopes are squandering our hard earned dues and are merely massaging their own bloated egos while convincing no one that their pathetic opinions amount to more than a piss-hole-in-the snow.

Meanwhile members suffer from a lack of effective representation at the bargaining table. SEIU recently squadered $3 million in members dues money (and who knows how much of OUR NAGE dues money went in) in an unsuccessful attempt to influence the senatorial primary in Arkansas! You've got to be kidding right?

Contrast the efforts of a real union: the Boston Fire Fighters.... they are getting 19% RETRO pay raises and they are due back at the bargaining table again, now.....

If they had been rep'd by SEIU/NAGE they'd have gotten ZERO % retro.... and a paltry less-than-inflation increase on a go forward basis, postponing another shot at the bargaining table for 3 more years......  the Boston fire fighters aren't squandering dues on bull-shit social justice efforts like getting amnesty for illegal aliens..... they are spending their dues on getting a decent contract and protecting their members interests.

NAGE fails to deliver on fair contracts time after time, they fail in their duty of fair representation.....

....look at their latest bullshit smoke screen..... trying to make it look like they are doing something for the members

..... their absolute nonsense campaign regarding the alleged "toxic environment" at the DOR Salem office..... this is pure unadulterated bullshit.....

....if things were half as bad as they would have you believe then local authorities would have padlocked the doors long ago.....

....folks this is just meant to distract the all the useful (dues paying) idiots from the dirty deals suffered at the hands of NAGE.... pay cuts, health insurance cuts, and now lay-offs.... don't fall for this crap!.....

Anyway brother good luck with your blog...... anyone's efforts to shed some light on NAGE operations is welcome..... all we get from NAGE is to be kept in the dark and fed nothing but BS.

HERE's His POST:

Anonymous
said...



I also tried to find an alternative union because I wanted to reach out
to them. I had problems at work and I learned NAGE could care less.
They did nothing and I paid a high price for that.

In
the process of defending myself I also learned there’s a whole world of
prohibitive labor practices by employee organizations. There’s no
question NAGE violates their duty to provide fair representation by
their organizational structure alone as do individual representatives.

They have a duty to provide representation and do it in good faith. We all know they don't.

I
was relieved when I found this site and intended to openly contribute
but I can't due to the political views that are expressed. Someone’s
political views are not an issue for me but associating myself with
this site is the same as supporting the political stance and I’m just
not comfortable with that. – I sincerely do not mean that as an insult
or even a political disagreement. I just can’t mix politics with my/our
problems with NAGE.

NAGE members need help and I want to share
my experience, the union's legal requirements, what our rights are and
hear other stories - AKA: get organized.

Maybe I'll create a site myself - again - no offense. If anyone is interested let me know – NAGEmembersforum@gmail.com

OPEIU Trial Court Pros & Clericals win huge arbitration...$30million in Retro PAY! ....NAGE and 509 losers by comparison

WOW.... this is huge.... some very interesting and important issues are highlighted in this arbitration award..... I'll be getting to them in future posts.... 

OPEIU union makes NAGE SEIU 5000/ACORN and Local 509 look like the pathetic do-nothing dues sucking losers that they are..... Grunko and Holway you pathetic dopes..... take a look at how a real union operates....

(meanwhile here is how Holway is squandering Massachusetts employees hard earned dues by transferring our dues to SEIU for use in out-of-state political ads...sickening

Politico story on SEIU Pennsylvania ad buy)

....among other things the arbitrator cites the BTU case as the " wellspring of the law regarding funding of collective bargaining agreements under G.L.c. 150E, § 7.

In BTU, the Boston School Committee advanced essentially the same contention that the Trial Court makes here:

......contends that the salary increases for the second and third years of the collective bargaining agreement are unenforceable in the absence of an appropriation by the city council to fund those increases. It argues that in enacting G.L.c. 150E, the Legislature intended to preserve the annual appropriation process so as to require an appropriation by the city council as a condition precedent to the enforceability of any part of a collective bargaining agreement entered into pursuant to c. 150E that would require an appropriation of funds.
We disagree. 
We think that the requirement in § 7 (b), that the employer submit a request to the appropriate legislative body for an appropriation sufficient to fund the cost items of the agreement, applies only to funds needed in the first year of the agreement, and that an appropriation funding the first year of the contract constitutes an approval by the legislative body of the entire agreement. The context of this provision suggests that this is the proper interpretation. Section 7 (b) states that a request for an appropriation is to be submitted "within thirty days after the date on which the agreement is executed by the parties." It further states that if the legislative body rejects the request, "such cost items shall be returned to the parties for further bargaining." We conclude that these terms are intended to apply only to the first year of the agreement. In order for § 7 (b) to be construed consistently with § 7 (a), authorizing contracts of three years' duration, the statute must be read as contemplating an initial approval of the contract by the legislative body, followed by appropriations as a matter of course in the succeeding years of the contract.

AWARD
The Trial Court violated the collective bargaining agreement by failing to pay certain salary increases described in the July'07 to June'10 collective bargaining agreements.

• (And by the way, this was no NAGE-like giveback contract....it called for 1st year 3% plus new step 8, 2nd year 3%, and 3rd year 3%....while NAGE keeps telling you 0% with Furloughs... "is not a great contract, but a good one, or the best you can hope for.... you pathetic dues paying sheeple!....ws)

As a remedy, the Trial Court shall make affected employees in both bargaining units whole for all contractual wage increases,including those attributable to the new Step 8 where applicable, retroactive to June 1,2007,the effective date of both collective bargaining agreements.

The Trial court shall also make affected employees whole for all benefits that are directly contingent upon wage rates,such as retirement contributions.

It'll probably take me several posts to go through them.... but off the top of my head here are few comments:

1) This is what can be done for employees that have a real union working on their behalf
(unlike the lazy, shiftless, self-serving scum at SEIU/Acorn 5000 (aka NAGE)

2) Is Deval Patrick planning the same Farschimmelt rotten trick on us that he tried (and still may) to pull on the clerical and professional employees of the trial court?

• ....Patrick tried to argue that the legislative funding bill, that the Legislature enacted and HE SIGNED.... funded only the initial year (and not subsequent years of the contract).... exactly the kind of low-down trick I thought might be raised when I posted it here.....

3) Congratulations to Mary Mahoney President of Local 6 OPEIU Office and Professional Employees International Union on stunning victory for your members....

Fellow NAGE members.... do you think OPEIU is considering a decertification campaign to throw out these useless self-serving dogs at SEIU/ACorn 5000 (aka NAGE)???....

• hey there are millions of dollars in dues up for grabs.... most of the poor NAGE members would welcome the opportunity to have a successful, democratically oriented union take over as bargaining agent!!!!

That four-flushing Polecat Holway tried to raid the OPEIU  shop!!!!
Turn about is fair play.....most members would love it!

4) How does this look to other Trial Court employees still stuck with NAGE/ACORN?.... 

While the OPEIU was successfully negotiating a fair contract, and in an understated and professional manner seeking to vindicate the rights of the members in face of a double cross by the Deval Patrick administration.... 

What was David J. "Lonesome Polecat" Holway doing for his members?... well he had a guy in a chicken suit dancing and raving, in a totally ineffectual manner outside the offices of Justice Mulligan..... unbelievable.

David J. Holway an A-Hole for our times......

More to follow......

Massive layoffs pending.... important post

Based on house Budget figures for FY11 it's fair to assume that the Administration is putting in place massive lay-off plans for state employees.... including many in SEIU/ACORN 5000 (AKA "NAGE") and Local 509.
In that context I am repeating an important post that outlines a case where a NAGE member in good standing (and a Steward!) was abandoned by NAGE, but successfully pressed his claims of NAGE's failure in their duty of fair representation.

With lay-offs coming it behooves you to be prepared for the dirty underhanded tricks that have been employed by NAGE in the past, in an effort shirk their duties to you the members.......

Here's my favorite line fromm the frivolous appeal NAGE filed in repsonse to the LRC finding that they had miserably failed to represent a member who paid his dues and got nothin in return.... but grief:

NAGE's argument that it would be burdensome to process grievances when many members have, as here, been laid off. Apart from the remarkable suggestion that grievances may be ignored because it is hard work to process them, NAGE has conceded that it simply neglected Moshkovitz's grievance. The LRC was warranted, on the substantial evidence, in concluding that NAGE had violated its fair duty of representation to Moshkovitz by failing to process his grievance.(No wonder NAGE never provides the membership with regular reports on the processing and outcomes of grievances!.....ws)

Here's the post:
NAGE screwed brother Moshkovitz.....

AND they'll screw YOU too!

Here's what brother M got from NAGE in his time of need, and here's what you might expect to get from the self-serving ingrates at NAGE ... in return for your hard earned and ever increasing dues:

This sad story comes as no surprise to any of us who've taken the time to look into the shadowy, secretive and self-dealing practices of the scallywags at NAGE.... why is it that they continually fail and refuse to provide regular financial and operational reporting to the members who fund their enterprise?

Hey, they may need our dues to pay for their exorbitant salaries, their expense accounts, their fancy banquets and x-mas parties,.... oh and don't forget the million$ they ship directly to the social engineers and legends-in-their-own-minds at SEIU international for their irrelevant causes.....

....and, They don't mind spending your dough trying to organize illegal immigrants, but they've got nothing for you dues payers, when you need it.....

.....Based on Brother M's tale.... I think its fair to infer that these self-serving scum don't want to spend a nickel on the interests of the members who are actually paying them ... "representational expenses" in NAGE-speak means paying obscene salaries to do-nothing "officers", lay-abouts and their relatives at NAGE headquarters, but does not apparently include prosecuting the individual rights of dues paying members..... well not if it takes any real effort or costs any money!!!!

In fact, based on this case, one can conclude that NAGE isn't willing to spend any of it's due$ hoard DEFENDING the rights of individual members, but they are only too willing to spend it, big time, on legal fees in attempts to the trample the rights of their own members under bargaining agreements and state law...

......but anyway on with the Ballad of Herbert M ....

Laid off and abandoned by NAGE

Herbet Moshkovitz, was a tax examiner and a NAGE member "in good standing." He was laid off from his position at DOR.

He filed,with NAGE, two grievances and a request to exercise his bumping and transfer rights under the collective bargaining agreement. Herb found out that being a member of NAGE, is more like being bent over a chair with your shorts on backwards, than being "in good standing". Unfortunately brothers and sisters, you're likely to suffer same fate if you put your faith in NAGE....

NAGE never responded to Moshkovitz, and, indeed, NAGE conceded (in court and Labor Relations Commission proceedings) that it never investigated, or even evaluated his grievances, letters,or requests for representation !.... sound familiar?

The scum!, after taking his dues for years, they chose simply to ignore his pleas for representation.... Hey, his usefulness to the Burgin Parkway Bandits was at an end after all.... he'd been laid off and his dues were no longer being deducted from his pay check. It was Probably the first time brother M ever asked anything of the NAGE , they just gave him the brush-off.... I ask you folks, can a Union go any lower than that?.... (by the way this was one of the cases that inspired Judge Brown's rant about NAGE.)

NAGE tried the old flim-flam.... but Herb Moshkovitz out-smarted them.

Herb was smart cookie, all his dealings with NAGE were IN WRITING, TIMELY and sent REGISTERED MAIL...... Moshkovitz probably had good reason to think he'd better put everything in writing and keep copies...... having been a NAGE UNION STEWARD , no doubt he knew the kind of underhanded treatment he could expect .... scallywags would likely have just denied, denied, denied..... look how these dissembling scum handled things even when Herb had them dead to rights!

SO, LESSON NUMBER ONE learned from Herb's resounding victory, is when your dealing with these slippery weasels ....don't trust them and put things in writing, and send them registered, return receipt requested so you have proof you sent it (and of course you need to keep copies of everything.)

LRC -Labor Relations Commission

Armed with copies of his correspondence, grievances and the proof they had been filed with NAGE in timely fashion, he charged unfair labor practice with the Mass Labor Relations Commission.

NAGE's lame defense before the LRC was that Moshkovitz had failed to follow the correct procedure for filing a grievance and that he had no meritorious grievance. (And the guy had been a STEWARD for Christ's sake, can you imagine the run-around an ordinary member would have gotten?)

The LRC found that Moshkovitz's notices of grievances were sent registered mail in timely fashion to all persons required to receive them at NAGE and DOR. NAGE did not elaborate why it thought Moshkovitz's grievance letters inadequate.

Neither the LRC nor the Appeals Court were persuaded by NAGE's lame arguments that since Moshkovitz's grievances were not written on the correct "form" or letter head that they were "procedurally" flawed and therefore NAGE was entitled to ignore them...(what crap!). As to the merits of his grievances, the LRC determined that Moshkovitz had an arguable complaint on both the issue of promotion and the issue of how DOR went about selecting who was to be laid off.

NAGE, the LRC found, had done worse than decline consciously to represent Moshkovitz in his grievances; it simply ignored him. The union made no effort to advise Moshkovitz about how to proceed with his grievances after, by reason of his lay-off, he had ceased being a union steward. The LRC further found that an arbitrator might reasonably have found Moshkovitz entitled to a remedy on the basis of the two grievances he had alleged.

Frivolous APPEAL

In a fruitless and mean-sprited attempt to crush Moshkovitz and trample his rights (by using his own dues money against him) NAGE appealed the finding of the LRC.

The appeals court disposed of the frivolous appeal with tongue planted firmly in cheek and noted in relevant part:

In light of NAGE's undertaking to represent its members and avowed skill in so doing, the defense of improper processing by its member is redolent of afterthought, rather than a rational policy related to legitimate union purpose. See Pattison v. Labor Relations Commn., 30 Mass. App. Ct. at 16-17 (union's justification of technical processing failures by employee rejected). Similarly an apparent afterthought is NAGE's argument that it would be burdensome to process grievances when many members have, as here, been laid off. Apart from the remarkable suggestion that grievances may be ignored because it is hard work to process them, NAGE has conceded that it simply neglected Moshkovitz's grievance. The LRC was warranted, on the substantial evidence, in concluding that NAGE had violated its fair duty of representation to Moshkovitz by failing to process his grievance.


Once the LRC had made its findings and rulings, there was no reasonable expectation of reversal by an appellate court. The appeal was frivolous. Acting under Mass.R.A.P. 25, as amended, 376 Mass. 949 (1979), we order that NAGE pay to the LRC just damages of $2,000, and that its counsel on appeal pay to the LRC just damages of $1,000. See Allen v. Batchelder, 17 Mass. App. Ct. 453, 457-458 (1984).

If you'd like to read the whole case here it is.....

NATL. ASSN. OF GOVT. EMP. v. LABOR REL. COMMN., 38 Mass. App. Ct. 611 (1995)
650 N.E.2d 101


NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES vs. LABOR RELATIONS COMMISSION.


No. 94-P-354.


Appeals Court of Massachusetts.


Suffolk.


February 7, 1995.


May 26, 1995.




Present: BROWN, KASS, & GREENBERG, JJ.


Labor, Fair representation by union, Action against labor union. Contract, Collective bargaining contract. Labor Relations Commission.


The Labor Relations Commission's determination that a union had violated its duty of fair representation to a union member was supported by substantial evidence. [612-614] A frivolous appeal warranted this court's award of just damages to the appellee pursuant to the provisions of Mass.R.App.P. 25. [614]


APPEAL from a decision of the Labor Relations Commission.


Mark J. Dalton for the plaintiff.


Tammy Brynie for the defendant.


KASS, J.


After an evidentiary hearing and findings by the hearing examiner, the Labor Relations Commission (LRC) decided that National Association of Government Employees (NAGE) had violated its duty of fair representation to one of its members, Herbert Moshkovitz. The LRC ordered a variety of remedies to compensate Moshkovitz and, as well, ordered NAGE to post ostentatiously a notice confessing its errors and announcing that it would sin no more — at least not in the same way. NAGE has appealed. See G.L.c. 150E, § 11, par. 4. We affirm.


Moshkovitz, a tax examiner in the Department of Revenue (DOR), had been laid off in the spring of 1991, a fate he shared with eighty-seven other DOR employees. He was one of thirteen tax examiners being laid off out of twenty-three who had an original "hire date" with DOR of July 10, 1988. Page 612
The collective bargaining agreement between NAGE and DOR contained machinery allowing discharged employees with the requisite skills to bump those with less seniority but contained no provision for retention priorities among those with equal seniority. By letters dated March 25, 1991, and March 29, 1991, Moshkovitz notified NAGE of two grievances and a request to exercise certain "bump and transfer" rights. One of the two grievances protested the promotion of two employees by DOR without posting the promotion opportunity, as required by the collective bargaining agreement. The point here was that, had Moshkovitz achieved the higher position, he might have escaped the reduction in force in tax examiners. Moshkovitz's second grievance protested that his layoff had been determined in an unfairly discriminatory fashion considering his attendance, evaluations, and "other variables." Those notifications of grievance and request to the union anticipated the announced layoff. The termination ax in fact fell on Moshkovitz on April 5, 1991.
On May 10, 1991, Moshkovitz wrote to John Bent, the NAGE representative for his bargaining unit, that he had yet to hear from NAGE about his grievances and request. He added, "I am writing you with full expectation that the union will be representing me, and any others who may have similar concerns." NAGE never responded to Moshkovitz, and, indeed, NAGE concedes that it never investigated or evaluated his grievances, letters, or requests for representation.
NAGE's defense before the LRC was that Moshkovitz had failed to follow the correct procedure for filing a grievance and that he had no meritorious grievance. The LRC found that Moshkovitz's notices of grievances were sent registered mail in timely fashion to all persons required to receive them at NAGE and DOR. NAGE does not elaborate why it thought Moshkovitz's grievance letters inadequate. In its brief before us, NAGE makes invidious comparisons between those letters and grievances filed on NAGE grievance complaint forms. We are not persuaded by an argument that Moshkovitz's grievances stand or fall on whether he wrote to Page 613 the union on the right letterhead. As to the merits of his grievances, the LRC determined that Moshkovitz had an arguable complaint on both the issue of promotion and the issue of how DOR went about selecting who was to be laid off.


A union has a duty to represent its members fairly in connection with issues that arise under a collective bargaining unit. Vaca v. Sipes, 386 U.S. 171, 177 (1967). Switzer v. Labor Relations Commn., 36 Mass. App. Ct. 565, 567 (1994). In the discharge of that duty, there is room for discretion, consideration of the interests of the over-all union membership in relation to that of the individual aggrieved member, and even for honest mistake or negligence about whether a grievance ought to be pressed. That fairly generous scope for inaction is exceeded when the union's conduct is arbitrary, discriminatory, in bad faith, or (and this may be a variant on arbitrary conduct) grossly inattentive or grossly negligent. Graham v. Quincy Food Serv. Employees Assn. & Hosp., Library & Pub. Employees Union, 407 Mass. 601, 606 (1990). Trinque v. Mount Wachusett Community College Faculty Assn., 14 Mass. App. Ct. 191, 197-202 (1982). Baker v. Local 2977, State Council 93, Am. Fedn. of State, County & Municipal Employees, 25 Mass. App. Ct. 439, 441-442 (1988). Pattison v. Labor Relations Commn., 30 Mass. App. Ct. 9, 16 (1991).


NAGE, the LRC found, had done worse than decline consciously to represent Moshkovitz in his grievances; it simply ignored him. The union made no effort to advise Moshkovitz about how to proceed with his grievances after, by reason of his lay-off, he had ceased being a union steward. The LRC further found that an arbitrator might reasonably have found Moshkovitz entitled to a remedy on the basis of the two grievances he had alleged. Reviewing courts generally accord substantial deference to determinations by the LRC, assuming, as here, settled legal standards, that a party has committed a prohibited labor practice. Quincy City Hosp. v. Labor Relations Commn., 400 Mass. 745, 749 (1987). Boston Police Superior Officers Fedn. v. Labor Relations Commn., 410 Mass. 890, 892 (1991). Pattison v. Labor Relations Page 614 Commn., 30 Mass. App. Ct. at 16. Felton v. Labor Relations Commn., 33 Mass. App. Ct. 926, 927 (1992). We are not disposed to discuss cavils of the union such as whether Moshkovitz improperly combined Step 1 and Step 2 grievances in one document. There was substantial evidence to support the LRC's underlying point that Moshkovitz properly processed his claim up to the time he was laid off and that NAGE failed entirely to continue the process thereafter. In light of NAGE's undertaking to represent its members and avowed skill in so doing, the defense of improper processing by its member is redolent of afterthought, rather than a rational policy related to legitimate union purpose. See Pattison v. Labor Relations Commn., 30 Mass. App. Ct. at 16-17 (union's justification of technical processing failures by employee rejected). Similarly an apparent afterthought is NAGE's argument that it would be burdensome to process grievances when many members have, as here, been laid off. Apart from the remarkable suggestion that grievances may be ignored because it is hard work to process them, NAGE has conceded that it simply neglected Moshkovitz's grievance. The LRC was warranted, on the substantial evidence, in concluding that NAGE had violated its fair duty of representation to Moshkovitz by failing to process his grievance.


Once the LRC had made its findings and rulings, there was no reasonable expectation of reversal by an appellate court. The appeal was frivolous. Acting under Mass.R.A.P. 25, as amended, 376 Mass. 949 (1979), we order that NAGE pay to the LRC just damages of $2,000, and that its counsel on appeal pay to the LRC just damages of $1,000. See Allen v. Batchelder, 17 Mass. App. Ct. 453, 457-458 (1984).


Decision of Labor Relations Commission affirmed.
Page 615

Ray McGrath can't get Unit 1,3&6 contracts funded....but....

He does alright for himself... he managed to get one of those "sweet-heart" deals/special legislation FOR HIMSELF allowing him to accrue creditable service towards his retirement ...even though he was not working as a cop..... just a full time toady for NAGE/IBPO.

.....the other Worcester cops had to actually put their asses on the line in order to accrue creditable service.... Not good Ole Ray, he only had to put his fat ass on a bar stool...or his barca lounger at his  Burgin Parkway offices (see the legislation below for the period in question...)

......he managed to pull that off..... but he can't get us a stinkin'  1/2 % raise.....

Ray collects well over $100k per year of your hard earned dues ..... we support this pant-load.... and his main accomplishments seem to be to kiss Holway's ass and live off the fat of the land.

.....When it comes to legislative affairs.... he does well for himself.... but for the members?.... we get stugats!....

Chapter 186.          AN ACT RELATIVE TO THE RETIREMENT RIGHTS OF RAYMOND McGRATH, A POLICE OFFICER OF THE CITY OF WORCESTER. 
Be it enacted, etc., as follows:
SECTION 1. Raymond McGrath, a police officer of the city of Worcester, shall, while on leave of absence from his position as police officer for the city of Worcester for the purpose of acting as a full-time representative of the International Brotherhood of Police Officers, be considered, for the purposes of chapter thirty-two of the  General Laws, to be on leave of absence without pay. He shall receive credit in the Worcester retirement system for service from February first, nineteen hundred and eighty-four to December thirty-first, nineteen hundred and eighty-seven, inclusive. This period of creditable service will be dependent upon his contribution to the annuity savings fund of the retirement system of the city of Worcester, the amount which he would have contributed to said fund had he remained in the service of the city of Worcester as a police officer for the applicable period pursuant to subsection three of section three of said chapter thirty-two of the General Laws.
No retirement allowance under said chapter thirty-two will become effective for him until he has paid
to the annuity savings fund of the Worcester retirement system, a make-up payment, calculated with interest, for the amount equal to that which he would have been withheld as regular deductions from the regular compensation he would have earned during the applicable period pursuant to said subsection three.
He shall be entided (sic) to all benefits and privileges, except the payment of salary, (WHOA! does that mean he accrued vacation time and sick time?....sweet!) as provided under chapters thirty, thirty-one, thirty-two and thirty-two A of the General Laws, during the leave of absence.
SECTION 2. This act shall take effect upon its passage. Approved September 15, 1992.


While we all sit around year after year without contracts, (and when one finally passes it's concessions with  NO retro pay )...is Ray  enjoying meetings in Florida resorts, and generally taking good care of himself?...... or what.
......so....when he's NOT feathering his own nest or working on give-backs ad concessions from the members, or failing to prevent the erosion of our health insurance benefits.... just what does the grossly over-paid Mr. McGrath spend all his time on?.....
....who knows, but some of the time he's out there for malingerers.....getting legislation filed that would allow them to malinger in private....

......like that Gonzalez cop that was just indicted (unlike McGrath's brother Dave whose disability claim case was referred to  Marsha Coakley (after surveillance tapes allegedly showed him performing heavy yard work, causing him to withdraw his disability claim...)

NAGE about to lose court officers...Decertification vote pending!

That's about 2,400 members, or up to $1.3 million in NAGE swag at stake (aka dues.)

Mass Trial Court Blog

NEPBA FILES PETITION FOR MASS TRIAL COURT

04/30/2010 - 10:49am

“SHOW OF INTEREST OVERWHELMING”

April 29, 2010 – NO MORE…Next Year, Next Month, Next Week, Next Christmas…NO MORE NAGE LIES!

FALSE PROMISES OF TOMORROW’S THAT NEVER CAME…LIKE, YOU – New England PBA HAS HAD ENOUGH!

Today, at 12:29 pm the New England PBA, I.U.P.A., AFL-CIO after
receiving an overwhelming response to our “Show of Interest” cards and
petitions filed a decertification petition with the Massachusetts
Division of Labor Relations for the Massachusetts Trial Court currently
represented by NAGE/SEIU.

We would like to thank all the hard working and dedicated members
of the Massachusetts Trial Court who took the time to sign our “Show of
Interest” cards/petitions and we will continue to work just as hard to
inform those who are still unsure, intimidated by NAGE e-board members
or just misinformed as a result of the NAGE propaganda. We would like
to especially thank those who took the time to work with us and saw the
type of 1^st Class operation we run and how well we treat our members and those who are part of the New England PBA Law Enforcement Family.

We are encouraged by the sheer number of members looking to be
represented by the largest all exclusive law enforcement labor
organization in New England. The members of the Massachusetts Trial
Court have blatantly rejected the half-baked promises, half-truths and
outright lies of their current union, NAGE/SEIU and have sent a
crushing message to the “Most Decertified Labor Union in the Country” – WE WANT AND DESERVE BETTER!

We understand and truly hope the membership understands this is a
Three-Phase process with Phase 1 being the decertification process;
Phase 2 is the upcoming election against your current union, but Phase
3 is the representation you need and deserve! The New England PBA,
I.U.P.A., AFL-CIO has been diligently working to ensure our message of
representing the Massachusetts Trial Court is as important to US as it
is to YOU! NO other organization will provide better service, work
harder or protect your interest and those of your family – than NEW
ENGLAND PBA, I.U.P.A., AFL-CIO!

Today is a NEW beginning and Tomorrow will bring greater
challenges – NEW ENGLAND PBA IS READY FOR THE CHALLENGE AND WE ARE
LOOKING FORWARD TO REPRESENTING THE CO’s, ACO’s, AACO’s, PO’s, APO’s ,
ACPO’s and POIC’s of the Massachusetts Trial Court.

Thank you for the confidence you have displayed in our
organization and we look forward to working with you and you fellow
members as we embark on a promise of honest and truthful
representation!

STAY TUNED FOR NEW & UPDATED ELECTION INFORMATION!

Holy BLEEP! Stop the Presses.... All expenses paid trip to Vegas!

What a surprise.... the usual suspects..... here are the toady scum that will sell the membership down the river for a couple of drinks and rubber chicken dinners.... the scum!

Your duly elected delegates are:  Greg Sorozan, Chris Grey, Ruthie Graham, Thomas Cartier, Lorrie Roccoforte, Robert Morrison, Daniel Vitt, Viviene Bramwell, Jane Baker and Daniel Messia (Alternate). 

YOU'RE INVITED!
Travel on down to NAGE world Headquarters.... plenty of free parking for members.... this is your headquarters, right?

Finally an Opportunity to actually get something back for all those dues you pay.....Holy shit folks, don't let this opportunity slip by!..... attend the May 4th 4:00pm meeting at Burgin Parkway and enter your name for an opportunity to enjoy a fun-filled all expenses paid (by your dues) trip to a sunny spot.

I understand NAGE will be putting out quite a spread for the members.... cocktails, shrimp, lobster..... the kind of stuff they treat themselves to all the time.... but this time members are actually invited..... I am salivating already!!!!

Holy Shit a NAGE membership meeting, can I believe my eyes?..... gee they must be scared someone will file a complaint with OLMS..... they're running scared, or stupid, to actually post this on the web-site..... the usual practice is to send out a post-card notice at the last minute so none of the unwanted members can attend the quickie meeting.

Would you like to frolic and booze it up with Holway and his toadies?..... attend the meeting and nominate your self and your buddy to be delgates to the upcoming Toga party in Las Vegas (or Puerto Rico) or wherever the NAGE scum decide to treat themselves at your expense.

Here's the nomination paper.... fill it out and bring it with you!

Attend the meeting, please report back here in a comment and tell me how many people actually attend.... and who get's voted as a delegate(s).... We know NAGE will never tell!

NOTICE FOR DELEGATE NOMINATION MEETING, MAY 4, 2010

Pursuant
to the NAGE National Constitution and By-Laws and the Constitution and
By-Laws of SEIU, the 2010 NAGE National Convention will be held on
September 8, 2010- September 10, 2010. All NAGE Locals must hold a
meeting to determine whether or not to send delegates to the convention.

Local 282 will hold a meeting on:

Tuesday, May 4, 2010

At 4:00 PM

SEIU/NAGE Office, Deb Ennis Room, 159 Burgin Pkwy

Quincy, MA 02169

The first order of business will be a voice vote by the members in
attendance on the question of sending delegates to the convention. If
the membership votes to send delegates and/or alternate delegates:

Nominations will be taken from the floor. However, the member
nominating must make the nomination also in writing and the member
nominated must accept the nomination in writing.

If the officers are ex officio delegates, nominations are not
required. Proof that the officers were elected by secret ballot and a
copy of the local’s by-laws as approved by the National Executive Board
must be attached to Certificate #3.

To nominate a candidate for delegate, you must be a member in good
standing. To be nominated as a delegate, you must have been a member in
good standing in NAGE for one year preceding the nomination.

All members are invited to attend. Members who cannot attend this meeting may submit written nomination ( Delegate Nomination Form)
to Gregory Sorozan, President, Local 282 at SEIU/NAGE, 159 Burgin Pkwy,
Quincy, MA 02169 prior to the meeting and must be signed by the member
making the nomination and the member nominated.

In the event that there is only one nominee for each approved
delegate position, that person will be declared elected and an election
will not be necessary.

Any protests regarding the conduct of the election must be made to
the Election Officer in writing at any time before, during or after the
election, but not later than seven (7) days of the event or
circumstance giving rise to the protest.

NAGE Election Officer

Bernie Flynn

159 Burgin Parkway

Quincy, MA 02169

Local 207 McGoldrick already had their election:

Local 207 News

Delegates Nominated at Meeting

Local 207 met Wednesday (April 22) for a general membership meeting to discuss whether to send delegates to the NAGE National Convention. Members voted unanimously to send delegates. The 7 Executive Board members are automatic delegates and there are 2 additional delegate positions open. Five members were nominated for the 2 additional delegate positions. Therefore a secret ballot election will be held for members to select the 2 additional delegates from the 5 nominees.
The following members were nominated:
Kelly Donohue, Division of Banks
Brian Sweeney, Division of Banks
Nancy Corcoran Ronchetti, Department of Revenue
Eric Dillman, Department of Revenue
Joseph Woods, Department of Revenue
All members will receive a ballot in the mail shortly to vote for two of the above nominees for delegate to the NAGE National Convention. Thank you to everyone who participated in yesterday’s meeting!

---

---

Local 207 Executive Board (left to right): (seated) Lawrence Norman, Vice President; Theresa McGoldrick, President; Bob Cusick, Secretary/Treasurer; Bobbi Kaplan, Executive Vice President; (standing) Steve O'Leary, Vice President; James Campo, Vice President (not pictured, Stephanie Mahoney, Vice President

Gay marriage and Illegal Alien Amnesty advocate Mary Kay Henry is new SEIU Chief

New SEIU President: Mary Kay Henry

Mary Kay is also an active champion of , immigration reform, gay and lesbian rights, and health care reform and a founding member of SEIU's gay and lesbian Lavender Caucus. She and her partner, Paula Macchello, have been together for almost 20 years.

Henry will lead SEIU

A handful of undecided SEIU locals swung to California nurses leader Mary Kay Henry today, turning the giant union away from the Washington-based political and policy engagement that made it a major ally of the Democratic Party under retiring President Andy Stern.

Key locals in New York, Los Angeles, Oregon, and Washington State committed crucial votes to Henry, choosing her over Stern's protege, Anna Burger, who had promises continuity with Stern's leadership.

"It's done," an SEIU insider emailed moments ago.

Henry benefitted from a sentiment in the union's constituents across the country that Stern had become a divisive, and even exhausting, figure. Final negotiations included ensuring peace between Henry's
California nurses' union and a long-term care workers local in the state led by Laphonza Butler. Butler and building workers leader Mike Fishman met in New York today with the leaders of other large undeclared locals, including the largest Chicago SEIU chapter. (Was Holway there for this meeting?)


One person familiar with the deliberations said the swing voters decided that Henry was closer to a consensus choice, as opposition to Burger had already begun to divide the union. If Burger was to win,
they decided, she would have had to win cleanly, and it was already too late for that.

Henry remains a largely unknown quantity on the national political
scene, and some officials predicted that she would allow power to
return from the Washington headquarters to scattered local unions (one can hope I suppose but, NAW... my money is on...); others suggested she'd emerge as a charismatic, central figure in Stern's tradition.

Henry herself wasn't immediately reachable Friday night, and none of the officials were ready to comment on the record on the local leaders' decisions.

Office of Labor-Management Standards (OLMS), NAGE, & SEIU ....

Here's a link you can use to check up embezzlers, thieves and other miscreants that have been investigated, sued , disciplined, jailed.... etc.

http://www.dol.gov/olms/regs/compliance/enforcement_1.htm

here's a few excerpts..... in no particular order.....

On  November  17, 2009, in the District Court of Brockton, Massachusetts, Joseph J. Morana, former President of National Association of Government Employees (NAGE) SEIU Local 01-86 (located in
West Roxbury, Mass.) and NAGE -SEIU Local 01-25 (located in Brockton, Mass.), admitted to sufficient facts to the charge of larceny over $250 by a single scheme.  Morana was ordered to pay restitution in the amount of $7,696.48 and an assessment of $90 and placed on supervised probation for two years, which may be terminated early when restitution is paid in full.  The admission follows and investigation by the OLMS Boston District Office.

On June 9, 2009, in the Brockton, Massachusetts District Court, a criminal complaint was filed charging Joseph Morena, former President of AFGE Locals 25 and 86 (located in Brockton, Mass. and West Roxbury, Mass.), with one count of larceny over $250 for embezzling $7,696 from the two locals. The charge follows an investigation by the OLMS Boston District Office.

On February 9, 2007, in the Pittsfield Massachusetts District Court, a criminal complaint was issued against Norman Haskins, former Treasurer for NAGE Local 01-62, charging him with larceny in the amount of $2,192. The complaint follows an investigation by the OLMS Boston District Office.

On December 13 and 17, 2007, in the United States District Court for the Eastern District of Wisconsin, Debra Timko and Danny Iverson, former Presidents of SEIU Local 150, were sentenced for failing to maintain union records. Timko was sentenced to six months home confinement, three years probation, and was ordered to make restitution in the amount of $38,795.10. Iverson was sentenced to three years
probation and was ordered to make restitution in the amount of $24,853. On August 23, 2007, Timko and Iverson both pled guilty to two counts of failing to maintain union records. The sentencing follows an investigation by the OLMS Milwaukee District Office.

On August 7, 2003, a complaint was filed in the
United States District Court for the District of Massachusetts against
the National Association of Government Employees (NAGE). The complaint
seeks to overturn the election of executive board members which was
held in September 2002, in Las Vegas, NV. The suit claims that NAGE
announced the creation of 30 new executive board positions, and
nominations to fill them, one day before the election on September 19,
2002. Union members protested the election, arguing that the field of
candidates was limited by the lack of notice of the new officer
positions and the lack of time to campaign for those positions. The
complaint asks that the executive board election be voided and NAGE be
ordered to hold a new election for those positions under OLMS
supervision. The complaint follows an investigation by the OLMS Boston
District Office.

On January 26, 2006 in the United States District
Court for the Northern District of California, Optical Workers Unit
(OWU) of Service Employees International Union (SEIU) Local 535 was
ordered to conduct new nominations and election under the Secretary's
supervision for all officers and delegates of OWU within 120 days of
the signing of the Order. The Secretary filed suit against OWU SEIU
Local 535 in July 2005 after an investigation disclosed that OWU denied
eligible members the right to vote when OWU failed to mail notices to
ten members and denied a duplicate ballot to at least three members who
made timely requests. The lawsuit and Order follow an investigation by
the OLMS San Francisco District Office.

On May 14, 2007, in the United States District Court for the Central District
of California, Janet Humphries, former President of SEIU Local 99, was sentenced
to 5 years probation and ordered to perform 1,000 hours of community service.
Additionally, Humphries was ordered to pay restitution in the amount of $5,149,
and to pay a special assessment of $500. On November 13, 2006, Humphries pled
guilty to one count of conspiracy and three counts of embezzlement for conspiring
to finance Martin Ludlow's campaign for Los Angeles City Council with Local
99 funds, and for using union funds to pay for a trip to the Virgin Islands
for her daughters and a family friend. The conviction follows a joint investigation
by the OLMS Los Angeles District Office, the Department of Labor's Office of
the Inspector General, and the Los Angeles City Ethics Commission.

On December 14, 2006, in the Superior Court of California-County of Los Angeles, Janett Humphries,
former President of SEIU Local 99, was sentenced to six months in jail, followed by six months of
electronic monitoring, and ordered to make restitution in the amount of over $36,000 on state charges
for making illegal contributions to former Secretary-Treasurer Martin Ludlow's campaign for Los Angeles
City Council. On November 13, 2006, Humphries pled guilty to one count of conspiracy and three counts
of embezzling union funds. Humphries is set to be sentenced under federal guidelines on February 18,
2007. The sentencing follows a joint investigation by the OLMS Los Angeles Office, the Department of
Labor's Office of Inspector General, and local law enforcement.

On June 5, 2006, in the United States District Court for the Central District of California,
Martin Ludlow, former Secretary-Treasurer of the Los Angeles County Federation of Labor, was sentenced to five years probation, 2000 hours of community service, and was ordered to make restitution of $36,400 to SEIU Local 99. On March 28, 2006, Ludlow pled guilty to conspiring to use funds embezzled from SEIU Local 99 for his 2003 campaign for Los Angeles City Councilman. Ludlow admitted to using union money to pay six people who were put on the union payroll but who actually worked on his campaign. Ludlow also used union funds for a cell phone used in the campaign. The sentence follows a joint investigation conducted by the OLMS Los Angeles District Office, the Department of Labor's Office of Inspector General, and local law enforcement.

On December 16, 2004, in the United States District Court for the Eastern District of Missouri,
Donald L. Rudd, former president of Local 50, Service Employees International Union, was arrested and charged with misappropriation of approximately $18,083 in union funds. The arrest and charge follow an investigation by the OLMS St. Louis District Office.

United States District Court

Eastern District of Missouri

United States of America V. Donald L. Rudd

Criminal Complaint Case Number: 4:04MJ1286TIA

I,
Ralph Amelung, the undersigned complainant being duly sworn state the
following is true and correct to the best of my knowledge and belief.
On or about October 22, 2003, in St. Louis County, in the Eastern
District of Missouri, defendant did, embezzling and converting union
funds to his own benefit while and officer of the union in violation of
Title 29, United States Code, Section 501(c). I further state that I am
an Agent and that this complaint is based on the following facts:

See Attached Affidavit.

Continued on the attached sheet and made a part hereof. _X_ Yes

Sworn to before me, and subscribed in my presence

/SIGNED/_____ Signature of Complainant Ralph Amelung Agent Department of Labor, OLMS December 10, 2004 Date at St. Louis. Missouri City and State

/SIGNED/_____ Signature of Judicial Officer Terry I. Adelman United States Magistrate Judge Name and Title of Judicial Officer

Affidavit

I,
Ralph Amelung, being first duly sworn, depose and state that I am an
Agent with the Department of Labor, Office of Labor Management
Standards. I have been a Federal Agent with the DOL/OLMS for over 15
years. My duties as an Agent with the DOL/OLMS include the
investigation of embezzlement of union funds in violation of Title 29,
United States Code, Section 501(c), and the creation of false
statements in union records in violation of Title 29, United States
Code, Section 439.

I was assigned an audit of the Service Employees International Union, Local 50, in St. Louis, Missouri.

The
information contained within this affidavit is based on my
investigation and on the information either personally known to me or
provided to me by other law enforcement officers in my official
capacity. Since this affidavit is being submitted for the limited
purpose of securing a warrant for the arrest of DONALD L. RUDD, a white
male, date of birth      , SSN      , I have set forth only the facts
that I believe are necessary to establish probable cause that the
suspect has violated Title 29, United States Code, Sections 501(c) and
439.

Beginning in February of 2004, I started a routine audit
of the Service Employees International Union, Local 50, in St. Louis,
Missouri. This audit was begun because the annual financial report of
the Local (LM-2) showed that the President's expenses had doubled in
one year while the Local had fallen $500,000.00 behind in their per
capita payments. My investigation covered the period from January of
1999 through January of 2004. In all of that time, Local records show
that DONALD L. RUDD was the President of the Local. In that capacity,
he was issued a credit card by the Local to use exclusively to pay
expenses of the Local. Further, my investigation showed that DONALD L.
RUDD was the only officer of the Local actively involved in the
financial matters of the Local.

By reviewing the records of
the Local, I learned that in 2003 DONALD L. RUDD was paid a salary of
$77,830.25 and received the use of an automobile and health and pension
benefits paid by the Local. The Local's LM-2 for the fiscal year ending
on June 30, 1999, showed DONALD L. RUDD's expenses to be $9,733.00. The
LM-2 for the fiscal year ending on June 30, 2003 showed those expenses
had increased to $35,076.00. I began to examine the records of the
Local to determine what expenses made up this increase. I found
expenses I considered questionable. These expenses related to uses of
the Union Travel MasterCard the Local had provided to DONALD L. RUDD.

In
the records which related to the use of the MasterCard, I found 530
examples of DONALD L. RUDD using the MasterCard at lounges and a hotel
near his residence. In 1999, I found 1 such charge for $25.00. In 2000,
I found 48 such charges for $1,215.01. In 2001, I found 113 such
charges for $3,268.77. In 2002, I found 206 such charges for $7,284.83.
In 2003, I found 158 such charges for $6,139.74, and in January of
2004, I found 4 such charges for $150.55. Included in these charges was
a February 6, 2002, $45.00 charge and a October 22, 2003, $120.00
charge for a room at the Stratford Inn, a hotel connected to the
Stratford Bar and Grill at which DONALD L. RUDD made frequent charges
on the Local's MasterCard. The records available to me showed that
these charges generally occurred at night, well after the Local's
business hours. As DONALD L. RUDD was forbidden to use the Local's
MasterCard for personal expenses, I tried to determine the nature of
these charges which totaled $18,083.90.

I spoke with the
manager of the Stratford Inn who told me that each of these charges was
for the rental of a sleeping room at the Inn. The Vice-President of the
Local told me of meeting DONALD L. RUDD at a number of bars, after
union hours, for social occasions. He told me that DONALD L. RUDD had
told him that he (RUDD) had, "got pretty toasted and had to get a
room." I spoke with Business Agents, other officers of the Local, all
of whom had also met DONALD L. RUDD in the bars to which he had made
charges on the MasterCard. All said the meetings were not for Local
business and could not have been charged to the Local by RUDD. The
Secretary-Treasurer of the local said he knew of no union activities
that could have necessitated the charges. I could find no Local officer
or employee to back up that any of these expenses were related to the
business of the Local. All said their meetings with RUDD after hours in
bars were social.

I then spoke with the Trustees of the Local,
all of whom were unaware of the charges. All said this use of the
Local's MasterCard was improper.

I also interviewed bar
personnel at two of the bars for which DONALD L. RUDD submitted charges
related to the MasterCard. At one of the establishments I was told that
RUDD liked to play darts while he was visiting. At another
establishment an employee confirmed that RUDD visited with co-workers
and his girlfriend. The employee could not recall what types of
activities RUDD engaged in during his visits.

MOSES & 509 settle furlough schedules.... What's the Malfunction at NAGE?

According to the EOHHS web site 509 and MOSES (who both managed to secure slightly better deals than NAGE) have concluded their discussions with HRD on implementation of the furloughs....

But "discussions" are continuing with NAGE..... so what's the malfunction with the twits at SEIU/ACORN 5000, aka NAGE?

My guess is that Holway is off on yet another dues funded junket enjoying himself in some sunny clime.... and none of his pathetic toadies back at Burgin Parkway have the cajones' or the authorization to sign off on this ministerial detail.....

So much for the "presidents" like sorozan and the other dingbat from revenue.... useless.

Ho hum.... par for the course for SEIU/ACORN 5000, aka NAGE

Andy Stern head of SEIU/ACORN Resigns.... Holway loses his Patron

Andy Stern..... head of SEIU and friend to the corrupt ACORN has resigned (YAY!)... deciding to leave standing up instead of feet 1st. This guy can't be gone fast enough to suit me.....

(of course, even with Stern gone, I'm sure we will still be seeing Holway transferring Hundred$ and Hundred$ of thou$sands of Dollar$ per year in OUR hard earned dues to be squandered on SEIU/ACORN ultra left-wing causes like amnesty for illegal aliens... all the while we see our healthcare benefits eroded, year after year of no pay raises....watching our standard of living knocked down by annual inflation.....furloughs, layoffs..... while Holway lives like a king.... he's got to be laughing at us)

Stern was the key player that permitted Holway, Farley, and Bernard to engineer the take-over by Holway, of SEIU/ACORN 5000 (aka NAGE) from founder and longtime President Ken Lyons.

For that and for too many other transgressions against workers and taxpayers to mention, Stern deserves our everlasting scorn...

Using what many would consider trumped up charges of "financial improprieties".... i.e. missing receipts from a business lunch at Anthony's Pier Four...(which Jim "tattletale" Farley ran and ratted to Holway and Bernard, who contacted Stern) 
.....(Holway also apparently accused Lyons of misappropriating Health (Dental and Optical plan) money from the Union Manged trust fund.... Apparently, Stern refused to address these serious charges (based on court documents) in the SEIU kangaroo court relying only on Farley's Anthony's Pier Four luncheon charges to dismiss Lyons,.... so one assumes there wasn't much to Holway's charges...)

Stern dismissed Lyons, put NAGE in receivership, and set Holway up to take over by allowing Holway to dilute the executive board (the only assholes that get to vote in NAGE's sham undemocratic elections) by adding 30 new members at the eleventh hour.

Not surprisingly, the 30 new dopes voted Holway in..... where he has stayed like a tick on a dog's neck.....  ever since Holway has been....

• collecting about $250k per year from members dues,
  
• jetting around the country,
  
• living the high life at members expense,
  
• providing no financial accountability reports to the membership, 
• squandering the assets accumulated by Lyons.... presiding over the destruction NAGE networth
  
• no membership meetings,
  
• no Christmas parties for members....
  
• though he always treats himself and his toadies to a lavish Christmas party at his favorite watering hole in cambridge.... Jaspers Whites Summer Shack....

Anyway.... it is great news to see Stern leaving.... great news for the country..... I'm sure Stern didn't want to stick around for November, when the taxpayers and voters will repudiate Stern, ACORN, SEIU, and the incumbent democrats who have been selling out the country to Stern and those of his socialist ilk....
Now if only that self-serving arsehole Holway would go away.....