eolesen wasn't addressing the right of the TWU to take action against Conley, eolesen was responding to the incorrect legal conclusion posted by Boomer - that Conley had committed actionable failure to exercise his duty of fair representation. As a legal matter, it's unlikely that a DFR violation occurred.
FWAA,
It is your opinion, agreed to by eolesen, that Conley did not committ a DFR; there has been no finding of fact to substantiate your position.
I would submitt the following:
1) The TWU International has the power to sign off on all but first contracts it negotiates(Argued and Answered affirmatively before the Federal Bench in Lower Manhattan.)
2) The TWU International alone retains the right to place International Officers into and out of the TWU International: the TWU International has refused the membership at large the ability to directly elect or remove the Individuals with the sole ability to negotiate and ratify contracts which dictate the wages, hours of work and working conditions for represented members.
3) The TWU International Leadership is insulated, economically and politically, from the results of conditions which they alone legally claim the power to ratify.
4) The TWU has had AA terminate employees for non-payment of dues: every represented employee must remit two hours of pay per month or be terminated.
5) The presence of Conley at the aviation symposium was as an International Representative of the TWU, not as an Economist, Financial Analyst or Bag Chucker Supreme.
6) The TWU is currently negotiating contracts whose outcome is bound soley by the determination of the TWU International.
7) The statements attributed to Conley and published in the Star Telegram by Trebor Barnstetter were not made during the course of negotiations or fixing of labor agreements concerning wages, hours of work or working conditions. However, given that this was a meeting of, for, and by the aviation industry; the statements have a material impact on those negotiations given that they could reasonably be taken as:
a) the state of mind for one with the responsibility for making agreements;
b) reasonably related to non-disclosable information shared between the company and the union;
c) resonably related to internal discussions within the TWU International.
8) The suspension of Conley, by Little, is arguably ratification of my opinion as opposed to yours given the complete disregard with which the TWU International has held the membership with resepect to direct election of officers, control of contracts and representation of affected title groups.
The performance standard for fiduciary duty tasked upon Agents is most arguably premised on the degree of control exerted by the Agent: in the case of the TWU, the control is total.