On Local 600’s Special NEB

February 18, 2011 Leave a comment Go to comments

written by Douglas  Hart

Brothers and Sisters –

I was elected, as were all of you, to the National Executive Board of ICG Local 600.  I have been a board member or officer for 33 of my 36 years a member of Local 644, 666, & 600, winning those posts in approximately 20 elections since 1974.

I was invited to this Special NEB meeting with an email, as an ELECTED NEB Member, as were all of you.  I replied by FAX that I would be attending, which is my right under the Const. & BL of ICG Local 600, as an ELECTED NEB member.

Also in that meeting notice was the REQUEST that NEB members who filed protests to the 2010 ICG 600 Election were being asked to recuse themselves from this Special NEB.

Since there is nothing in the ICG Local 600 C&BL, and nothing in the IATSE Intl. C&BL, and nothing in Federal Law that would allow an ELECTED NEB member to be excluded from attending or voting at ANY Regular or Special NEB Meeting, I have chosen NOT to recuse myself from this or ANY other NEB meeting.          

I was elected to represent the members who voted for me, by attending meetings, by voting, by expressing my opinion, and by fighting for what I believe is in the best interests of those members who elected me, and in the best interests of ALL members of ICG Local 600, as I have for 33 of my 36 years a member.

Without formal charges being filed against me, and a formal trial held, and a verdict of my impeachment and proper official removal from the NEB, there is NO LEGAL WAY to prevent me from attending and voting at ANY NEB meeting.  If there was, I would not have been invited to this meeting, and the Meeting Notice would have specified exactly what C&BL clause allowed my exclusion, but no such rule was specified, because there no such rule, anywhere I know of.  If there is, let’s see it.

Protesting our 2010 Election is NOT illegal, or even improper, for ANY member of ICG 600.

There is a clear process specified for doing so in ICG 600’s C&BL, and I very carefully and meticulously followed that procedure, the same as I did with the similar procedure specified in the IATSE Intl. C&BL, and the rules of the Department of Labor.  All deadlines were met, all supporting documents submitted, all grounds for protest properly quoted, documented, and explained.

I have done nothing wrong or improper, and neither have the other five members of ICG 600, who also filed similar Election Protests.  Excluding us from this SNEB is illegal and improper.

Here is what President Poster and NED Doering do NOT want YOU to know:

1. There is no proper or legal reason or justification to ask or demand that ANY of the Election Protesters “recuse themselves” from this or any NEB meeting.  As much as Poster and Doering may wish it, DISAGREEING WITH POSTER OR DOERING IS NOT A CRIME.  What are they afraid of?  That Kristin Glover and I will persuade 70 other NEB members to vote a certain way?  Ridiculous.  We have never been able to come even close to that, despite our concerted efforts.

2. The final report of the Department of Labor HAS NOT YET BEEN RELEASED.

If a final report had been released and made available, each of the six members protesting the election would have received a copy of this final report in the mail, and this has NOT happened.  An attorney for the DOL confirmed earlier today, by telephone, that the FINAL Report has not yet been released.

This Special NEB meeting is called “for the sole purpose of discussing recent communications with the U.S. Dept. of Labor concerning our 2010 Elections, and deciding what actions to take in response to the DOL’s communiques.”

But two days AFTER I received the SNEB meeting notice, I received from the DOL yet another extension of the time limit, until Feb. 28, for the DOL to respond to the Election Protests, and this was acknowledged and endorsed by David Adelstein, ICG Counsel.

Why would the DOL need another extension, if the FINAL Report had already been released?

Without a FINAL Report from the DOL on their investigation of the election protests being issued and received, why is this SNEB meeting being called or held?

Without knowing exactly what the FINAL Report says, there is nothing that can be or needs to be discussed or decided by a Special NEB meeting held today.

3. Despite Poster’s refusal to use the word “VIOLATION,” if the DOL found a VIOLATION in the conduct of the ICG 600 2010 Election, they might have reason to ORDER a new full or partial election.  Well, obviously the DOL DID find a VIOLATION in the ICG 600 2010 Election, the improper retroactive application of the infamous “120 Day Rule.”

If the DOL has ORDERED this partial election re-run, which Poster admits in his letter, then indeed a VIOLATION has occurred, and our six protests are validated as legitimate, even if only ONE of the 60 or so protests were upheld.  A VIOLATION is a VIOLATION.

The DOL has found that the conduct of the ICG 600 2010 was in VIOLATION of Federal Law, and the word VIOLATION should and must be used.

4. Pres. Poster claims that the six members filing election protests have an “interest adverse to Local 600 in this regard.”  Nothing could be further from the truth, of course, but even IF, at the time the election protests were first filed, we six members could be so considered, although we were only exercising our legal rights under the ICG 600 C&BL and IATSE Intl. C&BL, once the DOL has investigated and made a decision and issued a FINAL Report, then the DOL becomes the “Complainant” or “Plaintiff” in any resulting lawsuit or court action, NOT THE SIX MEMBERS FILING ELECTION PROTESTS.

We six members become just eager witnesses, ready to tell the truth if asked.  We are only “adverse” to a rigged election and a corrupt leadership.  No member wants Fair Elections for ICG 600 more than we do.  Maybe someday we will actually see one.

Douglas C. Hart
ICG Local 600, 644 & 666
First Camera Assistant, Eastern Region, since 1974
NEB Member, 33 years
IATSE Convention Delegate, 11 Conventions

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