Monday, February 7, 2011

Due process

If anyone commits a murder he is not sent to the gallows to be hanged directly. No such thing can occur without the trial process being held with adherence to the rule of law that is a reasonable expectation of due process based on the US Constitution. On February 2, 2011 TWU Local 100 - RTO Bulletin announced the removal of John Landers.
However it is not clear if John Landers was afforded due process or even a duty of fairness. The TWU of America AFL-CIO Constitution - article xix - Discipline - Section 1...in writing and signed by the member or members making the charge. Section 2. Charges must be submitted to the recording secretary... Section 3. ...it is mandatory that a trial be held... Section 4. ...may be suspended pending trial...appointive office or position...by a two-thirds (2/3) vote of the Local Executive Board.
Due process is the principle that any entity must respect all of the legal rights that are owed to a person according to the constitution. Due process holds the organizations subservient to the law of the land protecting individual persons from the organization. When an organization harms a person, without following the exact course of the constitution, then that is a due process violation which offends the constitution. It is not clear if grand vizier Steve Downs with Kevin Harrington have afforded John Landers due process or if they felt that the TWU Constitution should be thrown under the rug. Probably they got approval from John Samuelsen to override his rubber stamp executive board. The point is we are a responsible organization that adheres to the TWU Constitution. This is not a private entity - maybe grand vizier Steve Downs will claim a steward is not equal to the management or maybe his definition of the steward title is that it is a hobby thus they are not entitled to protection under the TWU constitution. Maybe he may claim going to the executive board is a waste of time or maybe he believes the members of the executive board are dunces and why would a prodigy go to a dunce. However it is obvious that stewards are entitled to due process.
By - Laws of the TWU of greater New York Local 100, AFL-CIO article xxvii Recall and Removal ...(b) Any officer of any section or Division may be removed by majority vote of the Executive Board after a hearing... John Landers was publicly removed from the so called steward position as stated on the RTO Bulletin. However there was no indication that he was disciplined or that charges were filed against him. Clearly here TWU Local 100 is practicing unfair labor practice - we here why did you join the union would recommend to John Landers to file a complaint against TWU Local 100 with the
National Labor Relations Board at
26 Federal Plaza, Room 3614
New York, NY 10278-0104      
Regional Director: Celeste Mattina
Hours of Operation: 8:45 am - 5:15 pm (EST)
TEL: 212-264-0300
FAX: 212-264-2450

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