Hey everyone.. So yes I was planning on continuing the website into retirement. I am currently in the process of crafting my response letter to them and asking for clarifications on some things. They told me they applaud my efforts but in the end it does more harm than good for the membership. They specifically mention items behind a password on the NRLCA website.
Perhaps you could mention in your letter the number of members you currently have, and that some have voiced concerns that spending Union Dues to pursue what, on the surface appears to be a personal vendetta, might be perceived as shirking their fiduciary responsibilities. And that some of your members have voiced the intention to file complaints with The Office Of Labor-Management Standards (OLMS) regarding this fiduciary lapse if further funds are spent to restrict the rights of members to view, share and discuss Contracts, Pay Scales MOU's as well as other items affecting the Rural Carrier Craft.
Furthermore it has been established court precedent that in the event the (OLMS) pursues the investigation into the potential fiduciary lapse, The financial responsibility for legal fees would be the personal responsibility of those officers involved in this decision, not the Unions responsibility.
Therefore, it is the policy of the Office of Labor-Management Standards (OLMS) to investigate,
at its discretion, allegations of violations by union officers and other representatives of their
fiduciary responsibilities under section 501(a) of the LMRDA. The results of such investigations
will be made known to interested persons as appropriate.
512.810 DUAL LEGAL REPRESENTATION
The United States Court of Appeals for District of Columbia in commenting on the use of
union funds and counsel in the defense of union officers charged with wrongdoing against
the union stated:
“As a general proposition we think funds of a union are not available to defend officers charged
with wrongdoing which, if the charges were true, would be seriously detrimental to the union
and its membership. See, e.g., Highway Truck Drivers and Helpers Local 107, International Brotherhood
of Teamsters v. Cohen, 182 F.Supp. 608, 619-22 (E.D. Pa. 1960), aff’d, 284 F.2d 162 (3d Cir. 1960), cert.
denied, 365 U.S. 833 (1961). Cf. Witherspoon v. Hornbein, 70 Colo. 1 (Sup. Colo. 1921), involving officers
of a corporation. The treasury of a union is not at the disposal of its officers to bear the cost of their
defense against charges of fraudulently depriving the members of their rights as members.
It is clear the complaint in this case charged individual officer defendants with conduct which
was seriously detrimental to the interests of the International and to the rights of its members.
And in deciding whether or not union funds may be used to defend such a suit the final outcome of
the charges is not determinative; for if the charges have substance a sound resolution may be prevented
by the very fact of dual representation during the process leading to a decision with respect to the
charges. Different counsel would be required in this process. In other words, counsel who are chosen
by and represent officers charged with the misconduct, and who also represent the union, are not able
to guide the litigation in the best interest of the union because of the conflict in counsel’s loyalties.
In such a situation it would be incumbent upon counsel not to represent both the union and the
officers.”