Arbitration update

[700UW]

The International is not the one making the decision it would be the local lodge President whom would be forced to change his/her mind for violating the IAM Constitution, the International does not run the local lodges, that is what local officers are for.

As a former RS for one of the local lodges, I have seen locals overuled by the International rule in favor of the membership.

So your RICO BS charge would be a waste, anything that deals with unions and elections are handled by the DOL.

And violating the constitution is not a RICO Act violation.

But breaking, entering and stealing are criminal charges.

And for "isitok" contact Special Assistant to the International President Michael Winpisinger, he is in charge of this issue and he will rule in your favor because the Constitution provides for observers, 301-967-4500.

 

[700UW]

Learn to Read:

The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended penalties for criminal acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970, Pub. L. No. 91-452, 84 Stat. 922 (15 October 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961 through 18 U.S.C. § 1968.

It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey, refused to confirm or deny this.[1]

Summary
Under RICO, a person or group who commits any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period and, in the opinion of the United States Attorney bringing the case, has committed those crimes with similar purpose or results can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity."

When the U.S. Attorney decides to indict someone under RICO, he has the option of seeking a pre-trial restraining order or injunction to prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." There must also be an "enterprise." The defendant(s) are not the enterprise, in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. This lawsuit, like most Federal civil lawsuits, can take place in either Federal or State court. [1]

Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

RICO offenses and definitions
Racketeering activity means:

Any act or threat involving gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
Any act which is indictable under a wide variety of specific provisions of title 18 of the United States Code relating to bribery, counterfeiting, theft, embezzlement, fraud, obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, etc.
Any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 © (relating to embezzlement from union funds),
Any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States,
Any act which is indictable under the Currency and Foreign Transactions Reporting Act,
Any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or
Any act that is indictable under any provision listed in section 2332b (g)(5)(B);
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity; The Supreme Court has instructed federal courts to follow the continuity plus relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." H.J. Inc. v. Northwestern Bell Telephone Co. Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.

Where RICO laws might be applied
Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with law enforcement or intelligence agencies.

The RICO laws can be alleged in cases where civil lawsuits or criminal charges are brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement, or against individuals or corporations who have sued or filed criminal charges against a defendant.

Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.

Famous cases
On November 21, 1980, Frank "Funzi" Tieri was the first Mafia boss to be convicted under the RICO Act.

In June 1984, the Key West Police Department in Monroe County, FL was declared a criminal Enterprise under the Federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers. Source At trial, a witness testified he routinely delivered bags of cocaine to the Deputy Chief's office at City Hall. Source

In 2002, the former minority owners of the Montreal Expos baseball team filed charges under the RICO Act against Major League Baseball commissioner Bud Selig and former Expos owner Jeffrey Loria, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found guilty, Major League Baseball could have been found liable for up to $300 million in punitive damages. The case lasted for two years, successfully stalling the Expos' move to Washington or contraction during that time. It was eventually sent to arbitration and settled for an undisclosed sum, permitting the move to Washington to take place.

RICO laws were unsuccessfully cited in NOW v. Scheidler, a suit in which certain parties sought damages and an injunction against pro life activists who physically block access to abortion clinics.

(Gee Bob, guess you did not know that, do I need to define unsuccessfully to you?)

In 2005, Tanya Andersen of Oregon responded to a lawsuit on behalf of Atlantic Records by in turn suing them under the RICO laws. Her suit alleges that RIAA members, in this particular case Atlantic, engaged in illegal computer trespass, extortion, and unfair trade practices under Oregon state law.

On April 26, 2006 the Supreme Court heard Mohawk Industries, Inc. v. Williams, which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens, in violation of RICO. The court will decide whether or not Mohawk Industries, along with recruiting agencies, constitutes an 'enterprise' that can be prosecuted under RICO.

On August 8, 2006 in Tampa, Florida several members of the street gang the Latin Kings were arrested in connection with RICO conspiracy charges and currently await trial, included in the arrest were Luis Hernandez, Celina Hernandez, Michael Rocca, Jessica Ramirez, Reinaldo Arroyo, Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totalling 39.

Also, in Tampa, on October 16, 2006, four members of the Gambino Crime Family (Terry Scaglione, Ronald Trucchio, Kevin McMahon, and Steven Catallono) were tried under RICO statues, found guilty and sentenced to life in prison.

 

[700UW]

Never said they were immune, the International is not responsible for the actions of a local lodge, when made aware of the issue they will step in and correct it.

But hey, keep ignoring the facts and keep reaching.

Anyone can file a lawsuit, winning it is another story.

 

[700UW]

Read this S L O W L Y:

The International does not make decisions for the local lodge officers and how they run their locals unless they violate the constitution and/or bylaws.

The IAM Constitution provides for observers and they local lodge cannot deny that to the member requesting it.

When a local lodge officer violates the constitution, the membership can contact the International and they will correct the issue. I have seen it happen. I have even posted whom to contact and his phone #.

The International is in charge of enforcing the Constitution of the IAM, not violating it.

So when can you understand the International does NOT make decisions on how the local is run and they are not involved in the every day business and decisions of the officers of a local lodge, the local lodges are autonomous.

But hey, you hate unions and you hate the IAM, even though you are not an employee, never have been and not an IAM member and never have been, but you think you are an expert on everything, so when did you graduate from Law School,pass the bar and start working for the DOJ, since you are making allegations that you cant substantiate?

And even regular elections are not supervised, unless the Feds step in, I am talking about regular political elections all over this country.

Also better check where you get your info, the NRTW Committee who hates unions and wants to get rid of them, find a better source.

What is the National Right to Work Committee?
The National Right to Work Committee, established in 1955, is a nonprofit, nonpartisan, single-purpose citizens' organization dedicated to the principle that all Americans must have the right to join a union if they choose to, but none should ever be forced to affiliate with a union in order to get or keep a job.

What is the purpose of the National Right to Work Committee?
The National Right to Work Committee combats compulsory unionism through an aggressive program designed to mobilize public opposition to compulsory unionism and, at the same time, enlist public support for Right to Work legislation. Specific objectives of the program include:

Working to secure roll-call votes on and, at the soonest possible time, enact legislation to repeal the federal labor law provisions that authorize the firing of workers who refuse to pay union-boss tribute and prevent the forced unionization of additional public employees and farm workers.

Safeguarding Section 14(B) of the Taft-Hartley Act (that section of the national labor law which reaffirms the right of states to have Right to Work laws).

Helping state organizations to promote, enact and protect state Right to Work laws.

 

[700UW]

Last time I checked Mr Armedio has not been tried nor convicted of any crime in regard to the PHL incident.

A convict is someone in jail, where Mr Armedio is not.

If you want to know who makes more, look it up yourself.

Post examples, proven examples of the IAM being corrupt, since you are not an employee, never have been, not an IAM member and never have been.

You have not worked in the airline industry, you have not been economically tortured as airline employees have been since 9/11.

You FF whine about service, prices and yet never cared that your ticket prices did not pay the fuel costs and the companies took out of the employees wallets.

You say US sucks, but yet as Bear96 says, you keep flying them, do you have battered wife syndrome?

And EVERY union, EVERY legacy carrier has given concessions or have been in bankruptcy since 9/11, it is an industry problem, but hey don't let the facts get in your way.

The only AFA leader who was worth anything was Teddy, her predecessor and replacement both suck.

The IAM did the best they could with what they had to work with, and ultimately the members made the decision, see I was there at negotiations, you were not, so you have no idea of what the employees faced and the arrogance of the Executives of US Airways.

And like I said, let the members contact the International and the Observers will be present as it is in the IAM Constitution, something you keep ignoring.

 

[700UW]

He did not serve time for that conviction, he got probation, so no he is not an ex-con.

Comprehension Problems again?

Mark did not replace Teddy as MEC President, I am talking about Perry Hayes and Mike Flores, I have met Mark, he is a stand up guy.