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NLRB Charges by APWA against UPS Going to Hearing
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<blockquote data-quote="JonFrum" data-source="post: 199949"><p><strong>Many legal obstacles stand in their way. . . Bump. . . Ouch!!!</strong></p><p></p><p>Badpas,</p><p></p><p>I didn't say they were *breaking* any laws, I said, "so many of the changes the APWA cheerleaders advocate in their posts violate one law or another. I just act as a fact checker and cite the law, rule, regulation or whatever that stands in their way. Should I keep silent and let reality smack them in the face down the road?"</p><p></p><p>It's their proposals for the future that will not work because they will bump into one legal obstacle or another. For example, their suggestions that UPS doesn't owe Withdrawal Liability directly to Central States, or that the APWA can take control of the UPS money already in Central States, or that the Trustees of other funds can transfer money to Central States to help bail it out, or that the IBT directly controls the pension fund, or that Teamster officials draw multiple pensions out of Central States, would all be prohibited by ERISA if actually attempted. </p><p></p><p>Many of their charges of theft and mismanagement are deliberately vague. To charge a crime, and to recover funds, you must make the charges specific, and actually file them, not just endlessly repeat them for effect. But even if they could formulate a specific charge, it probably would be dismissed because it would run afoul of the statute of limitations. The NLRB, as well, has a six month statute of limitations. If you have a complaint, you have to file it or forget it. It's put up or shut up. But the APWA cheerleaders keep milking their vague complaints post after post. They can't recover millions, (or billions,) lost in the stock market unless they actually file a charge and do so in a timely maner. And stock market losses may not be criminal anyway. I'm not denying all the charges, just pointing out that they probably won't hold up in court.</p><p></p><p>I could go on citing other examples, but the point is: Anyone wanting to make things better must first get all the facts of the existing situation, and then learn all about ERISA, NLRA, PBGC, DOL, the new Pension Protection Act, the UPS contract, pension trust agreements, and so on. Whatever course you propose must flow in a channel bounded by all these laws and some others as well. Good intentions are not enough. The proposed solutions must also be within the Law (civil and criminal.)</p></blockquote><p></p>
[QUOTE="JonFrum, post: 199949"] [b]Many legal obstacles stand in their way. . . Bump. . . Ouch!!![/b] Badpas, I didn't say they were *breaking* any laws, I said, "so many of the changes the APWA cheerleaders advocate in their posts violate one law or another. I just act as a fact checker and cite the law, rule, regulation or whatever that stands in their way. Should I keep silent and let reality smack them in the face down the road?" It's their proposals for the future that will not work because they will bump into one legal obstacle or another. For example, their suggestions that UPS doesn't owe Withdrawal Liability directly to Central States, or that the APWA can take control of the UPS money already in Central States, or that the Trustees of other funds can transfer money to Central States to help bail it out, or that the IBT directly controls the pension fund, or that Teamster officials draw multiple pensions out of Central States, would all be prohibited by ERISA if actually attempted. Many of their charges of theft and mismanagement are deliberately vague. To charge a crime, and to recover funds, you must make the charges specific, and actually file them, not just endlessly repeat them for effect. But even if they could formulate a specific charge, it probably would be dismissed because it would run afoul of the statute of limitations. The NLRB, as well, has a six month statute of limitations. If you have a complaint, you have to file it or forget it. It's put up or shut up. But the APWA cheerleaders keep milking their vague complaints post after post. They can't recover millions, (or billions,) lost in the stock market unless they actually file a charge and do so in a timely maner. And stock market losses may not be criminal anyway. I'm not denying all the charges, just pointing out that they probably won't hold up in court. I could go on citing other examples, but the point is: Anyone wanting to make things better must first get all the facts of the existing situation, and then learn all about ERISA, NLRA, PBGC, DOL, the new Pension Protection Act, the UPS contract, pension trust agreements, and so on. Whatever course you propose must flow in a channel bounded by all these laws and some others as well. Good intentions are not enough. The proposed solutions must also be within the Law (civil and criminal.) [/QUOTE]
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