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.”