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Tuesday, May 13, 2008 6:56 AM
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By Frank DeLoache
and Paris Goodnight
Salisbury Post
A federal judge has agreed to speed up a hearing for five former Freightliner employees who say they were improperly expelled from the local chapter of the United Auto Workers union.
The five workers filed suit in federal court in Winston-Salem Wednesday, challenging their expulsion from United Auto Workers Local 3520, which represents workers at the giant Freightliner plant in Cleveland.
The five former union officials, all former members of Local 3520's bargaining committee, are Rowan County residents Grady Allen Bradley and Glenna Swinford, Iredell County resident Robert Whiteside, Stanly County resident David Crisco and Mecklenburg County resident Franklin Torrence.
They contend other leaders of Local 3520 removed them from the union "in retaliation for policy differences between (the) plaintiffs and other union leaders in violation of the UAW's constitution and ... plaintiff's rights to free speech, free association, equal rights and due process."
The suit also says that Local 3520 unfairly filed a criminal trespassing charge against Grady Bradley when he and the other four former union officials tried to attend a union meeting in Statesville on Feb. 16.Iredell County deputies who arrested Bradley listed the union local as the victim in the case. The lawsuits asks a judge to force the union to withdraw its complaint against Bradley.
The five plaintiffs' attorney, M. Travis Payne of Raleigh, also asked the judge to immediately reinstate the workers as union members while they challenge their expulsion in the courts.
At a hearing Friday, U.S. District Court Judge James A. Beaty Jr. refused to grant an order immediately reinstating the former union officials, but he agreed to expedite a more elaborate hearing to determine if the former workers are being irreparably harmed while they wait for their suit to be heard.
Payne and Seth Cohen, a Winston-Salem attorney representing UAW Local 3520, indicated the hearing will probably take place in early June.
At Friday's hearing, Judge Beaty also granted the former union officials' request to get documents from the union local immediately.
Payne said Monday that in the normal course of a federal lawsuit, his clients couldn't expect begin getting documents for about three months.
But Payne wants to see the documents Local 3520 officials sent to United Auto Workers' national headquarters justifying expelling the five workers from the union.
And the judge ordered the union local to comply with Payne's request.
The former union members' lawsuit doesn't dispute that they supported a strike at the Freightliner plant in 2007.
But the strike lasted only a few days.
Freightliner workers initially rejected a new contract, one which the five plaintiffs acknowledge they opposed. But the workers took a second vote a short time after and approved the contract.
According to the lawsuit filed last week:
- Fifty-three union members then filed a complaint against the five union officials — now referred to as the Freightliner Five — accusing them of "unbecoming conduct."
Union leaders in Detroit sent the charges back to Local 3520 for trial by a union committee. After hearing more than a dozen witnesses, the trial committee "rejected the charge against plaintiffs by a vote of 6-1."- In February, Local 3520 leaders sent letters to the Freightliner Five, saying that they had not paid their dues in April and December 2007 and that they were no longer members of the union.
In their suit, the five former officials say they asked previously if they owed any dues and needed to take any steps to remain in good standing as union members. Until the letters in February, they say they were always assured that they were up to date.
In the lawsuit, the five former union members contend that Local 3520 leaders have violated not only their rights but also the rights of union members who elected the Freightliner Five to offices in the union.
Contact Frank DeLoache at 704-797-4245 or fdeloache@salisburypost.com and Paris Goodnight at 704-797-4255 or pgoodnight@salisburypost.com.
Comments (19)
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Comments (19)
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gwb
it's a shame : Wednesday, May 14, 2008 10:59 PM
it's a shame we have to blog online just so members in good standing can voice their opinions without being cut short by a gaffel or invited to fist fight by one minded members.
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good ole boys : Wednesday, May 14, 2008 10:49 PM
I don't remember voting for a new shop chair,but what I do recall is R. Whiteside beating j. stewart for that position.Is that the reason this young man is so hateful and upset against anyone who disagrees with him or the current leadership?
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NO UAW : Wednesday, May 14, 2008 6:25 PM
I agree with say no to the UAW!!!! Before the union came to Freightliner Jim Hebe wanted to keep the employees happy and the raises were great! We never had the turnover we have now! Just look in the fileroom in personnel dept. Cases from the floor to the cealing all around the room on top of the file cabnets. That in it self should tell you something! Just ask anyone thats been there the last fifteen years. Blah blah we won't need a petition to get decertifed. "thats what you geniuses do to get a revote. It only takes one person to challenge the membership and if the membership drops below 50%. What do you get? DECERTIFICATION! So after the next layoff.............BAM!...and this also includes the members' that were laid off last year. That would bring the membership down two thirds. The community service does do some good things for the community, but when the local moves to another county who will you serve? The taxes you have been paying won't be helping this county, Will it? But you guys really do it for recognition! If you think you know so much, How many of you want to get supeonaed to come and testify in front of the federial judge?...You were not there! You don't know anything! And I don't mean bloging lies online!!!!!!!!!!!
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Mr. Anonymous
Time to be a responsible citizen : Wednesday, May 14, 2008 5:46 PM
This blog is garbage because anybody can get on here and say anything. It's time the Salisbury Post to be more responsible than this! I hope the public understands that all these post are coming from just a two or three of the same Freightliner employees
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What are you wating for?
Blah Blah Blah : Wednesday, May 14, 2008 11:46 AM
For those of you who feel the union has done no good, I challenge you to vote a decertification. You wont, because you know you like the insurance and pay! The two numberone things that will go away as soon as the UAW goes away. THE COMPANY TOOK IT AWAY ONCE, AND THE MARKET WASNT NEAR AS BAD AS IT IS NOW. So go ahead, what are you waiting for? Take a petition for a decertification! Its as simple as that! And for thse of you who complain about the "good old boy" system. Why dont you buck up and get you some? Run for office, be active, put up, or shut up!
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Say no to UAW
UAW = Socialist Facist Liberals : Wednesday, May 14, 2008 10:51 AM
Unions in America are built on the same "worker's parties" principals of Socialist societies thoughout history including the German Workers Party of 1939 and we all know what that became. Just ask any WWII vet who put his life on the line to stop Hitlers world domination. It's designed to stir the oppressed so that the folks in charge can get what they want.....Power. Unions in America are also known to be controlled by the Mafia and Organized Crime, and they are in bed with the Liberal Left, Socialist parties of America. So the next time your 10 year old is given free condoms or taught about sex in school, your teenage daughter gets an abortion, your grandmother can't find something on the internet without running into porn sites (organized crime), or the Democrats come after your right to bear arms or other Constitutional freedoms such as free speech.....remember where that money went each time you paid your UAW dues!
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M.Bug
bad news : Wednesday, May 14, 2008 9:03 AM
personally i don't care because this company is going south and you and your good news buddies need to brush up on your spanish. maybe you can clean toilets or take out trash. I'm out,have a nice life.
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M.Spider
bad news for joe and his brother : Wednesday, May 14, 2008 8:56 AM
What have the current president and his henchmen have done positive for the membership? Nothing but threaten anybody who opposes there good ole boy club or beg for money.
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Gary
UNION : Wednesday, May 14, 2008 5:05 AM
The workers fought to get the so called "union" into Feightliner! What have they done for them? The workers wanna cry and scream and walk off there jobs and complain about being layed-off! Its not the companies fault! The workers found out they were being layed-off again! and what did they do? They comenced in destructive behavior! The damages I heard in the first week was 50,000.00$! Grown adults acting like children! Cutting air lines, cutting seats, not doing there jobs correctly, and leaving parts lose to fall off! Also doing things you can not even mention! Look at the price of fuel, the economy, and the so called price to manage emmissions! No one told these workers they had to spend there money passed to what they make! The company has always done layoffs and no doubt when they have the Mexico plant done they will most likely close this one! So in the end of all this what has the union really done for all the workers? The want marches and want there jobs back! for what? These people need to wake up and realize! Why would you want to go back? Just move on find another job and get back to work! So what was the reason behind all the damage? Did it help to keep there jobs? What about the people who make a living driving these trucks? These are just my oppinions! The people building the trucks should take into consideration the damage they did by leaving parts lose, these trucks are on the public highways and interstates! What happens to those trucks if they leave the plant and parts are loose and kills someone in a accident? Did they think of that? What if its one of there family members who gets hurt or killed? I agree just plain SELFISHNESS!!!!!
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hope they LOSE
they will lose in the end : Tuesday, May 13, 2008 10:42 PM
i hope they lose this fight too they have done nothing but cause problems for everyone since this started.we don't want you at our jobs or in our lives.time to face reality we don't like you five cause you triied to stick it to us and get abunch of fired cause you know you were going too.so why not take some with you,well your little plan didn't work and YOU WILL LOSE IN COURT TOO
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Michael Gonsalves
Return of 1180 : Tuesday, May 13, 2008 7:37 PM
When will the 1180 people that were laid off April 1 2007, get there jobs back, so we can stop suffering and get back to work, have some money in our pockets, and support our kids. Rowan families and surounding counties are all falling apart
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JOE
IF THEY WIN : Tuesday, May 13, 2008 6:44 PM
I DONT UNDERSTAND THE LOGIC OF THE OTHER POSTS.PLEASE JUST ANSWER THE QUESTION-- WHAT WILL THE 5 DO IF THEY WIN AND GET BACK IN THE UNION? WILL THEY BE POSITVE , CONSTRUCTIVE , AND CONTRIBUTING MEMBERS? WILL THEY BE NEGATIVE ,DESTRUCTIVE AND NON-CONTRIBUTING MEMBERS? I THINK EVERYONE KNOWS THE ANSWER.
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Big Dave
you broke the rules. simple as that : Tuesday, May 13, 2008 4:23 PM
these 5 broke all the basic rules they knew this when the pulled there little wildcat strike over a year ago. Its a shame somebody in the 5 cant make there own descions.. They might still be there................
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GOOD NEWS
Missled : Tuesday, May 13, 2008 3:27 PM
The first "vote" was missled. People did not know the truth. Once they were educated by people like JOE WORKER, they decided and voted to have another vote. The MAJORITY voted to re-vote and it passed. M.bug if you dont like it, then convence the majority they were wrong. lol
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GOOD NEWS WORKER..JOES BROTHER
I will say it again : Tuesday, May 13, 2008 3:23 PM
Anything POSITIVE from UAW LOCAL 3520, the 5 and their supporters ARENT THERE! If it is NEGATIVE, rest assure their name will be attached...Go figure....
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M.Spider
Corrupt uaw leadership : Tuesday, May 13, 2008 11:25 AM
joe majority voted the contract down the first time. you don,t understand majority rules. go revote that buffalo wing.
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Selfishness? : Tuesday, May 13, 2008 9:38 AM
The Freightliner Five were some of the founding members of Local 3520. They were there fighting to get the union into Freightliner from the very beginning. If it's selfish for them to have endured all the horrible treatment that they have received and still try to remain in this union that they helped create I just don't see how. At several meetings the majority voted not to throw them out of the union and not to put them on trial. But for some reason, some personal vendetta, George Drexel and his cronies found ways to circumvent those votes. At this point many people have stopped attending our local meetings and have even dropped out of the union entirely because of the heavy-handed abuse the Five have received from our president. I have to say that decimating the membership in this way seems a lot more selfish to me.
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JOE
IF THEY WIN : Tuesday, May 13, 2008 8:38 AM
IF THEY WIN, IT IS MY UNDERSTANDING THAT ALL THEY GET IS TO BE UNION MEMBERS AGAIN. THEY DO NOT GET THEIR JOBS BACK. HERE 5 PEOPLE, WHO CLAIM A NOBLE PURPOSE, EVIDENTLY DO NOT CARE AT ALL ABOUT SUCH BASIC PRINCIPLES SUCH AS MAJORITY RULES, ETC. THEY CONTINUE TO ATTEMPT TO FORCE US MAJORITY OF THE WORKERS AND UNION MEMBERS TO CONTINUE TO HAVE TO DEAL WITH THEM "THE SELF-CENTERED 5". I FOR ONE WILL NOT CALL THEM THE FREIGHTLINER 5 AGAIN AS THEY EVIDENTLY DISLIKE FREIGHTLINER AND THE UNION AND IT IS BEWILDERING TO ME WHY THESE 5 WOULD WANT TO BE WHERE THEY ARE NOT WANTED OR RESPECTED. EVEN IF THEY WIN AND BECOME UNION MEMBERS AGAIN, DOES ANYONE BELIEVE THEY WILL ANYTHING LESS THAN THE SELF CENTERED, DESTRUCTIVE INDIVIDUALS THAT THEY ARE, THEREBY FURTHER DISRUPTING THE UNION. THEY SEEK TO BECOME UNION MEMBERS AGAIN TO 1) ATTEMPT TO GET THEIR JOBS BACK AND 2) TO ATTACK DREXEL AND THE UNION. DOES ANYONE THINK FROM THEIR PAST ACTIONS THAT THEY ARE GOING TO BE POSITIVE,CONSTRUCTIVE, AND CONTRIBUTING IN A POSITIVE WAY TO THIS UNION?
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Non le Supporter des mauvais cinq
Coming to an end. : Tuesday, May 13, 2008 5:03 AM
I am so glad that this mess has been expidited. Hopefully it will all be over soon. I just can't understand why you would want to go back to a place that you know your not wanted by 98% of the people. (Oh yea BACK PAY)
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