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<blockquote data-quote="wkmac" data-source="post: 269333" data-attributes="member: 2189"><p>Hey Tie,</p><p> </p><p>Engineer's cause is APWA and any possible final resolution to the CS problems takes a lot of win out of their sails. JMO</p><p> </p><p>Char,</p><p> </p><p>Interesting point and I'm not real happy about the short timeframe between handshake and vote conclusion as I still have some questions that no one can answer from either side that is written in stone. I'm certain I'm not alone either.</p><p> </p><p>That said, it would prove ironic if there were colusion between UPS and IBT (Headlines: Dreaded Foes Caught in Sexual Trist! <img src="/community/styles/default/xenforo/smilies/FeltTip/wink.png" class="smilie" loading="lazy" alt=":wink2:" title="Wink :wink2:" data-shortname=":wink2:" />) but I've heard it dozens of times before but no one has ever proven it in any meaningful way. The problem you may have in challenging is our surrender of power of attorney to the union to act as our fudicary agent on this contract. If someone believes a fudicary agent has acted improper, it's normal standing to fire or dismiss that agent and go to another and then file suit against the original agent to seek damages and restitution. </p><p><em><strong>Engineer listen up my man because this is where APWA can get back in this game.</strong></em></p><p> </p><p>An example would be to first off gather some evidence to show or suggest wrongdoing has occured and then on those grounds move to dismiss the IBT as fudicary agent. Once you've done so and then replace that agent if you so choose, then you may seek recourse to repair the damage if you so choose. It's possible if the chain of abuse goes back years and is proven. then vast sums of monetary funds may be required by the court to be transferred to the new agent to prevent further future damages although some initial court oversight with a trustee may be required to satisfy the judge that all things are proper. </p><p> </p><p>There may be other avenues but it may require more legal work which cost money because in the eyes of the court, you say a party has defrauded you but you want to remain with that party as your representitive. Maybe not be a good example as it's so sensative to some, but it's like being married to an physically abusive spouse and you go into court to seek the court's protection and the desire to be paid alimony and damages but you don't want a divorce nor for the abuser to even move out of the house. How far you think you would get or better yet, how much work for the attorney which costs lots of money to make a standing in law that such precedence has standing to convince the judge to rule in your favor?</p><p> </p><p>Char, it's an interesting idea but is it a legal Mount Everest to climb?</p></blockquote><p></p>
[QUOTE="wkmac, post: 269333, member: 2189"] Hey Tie, Engineer's cause is APWA and any possible final resolution to the CS problems takes a lot of win out of their sails. JMO Char, Interesting point and I'm not real happy about the short timeframe between handshake and vote conclusion as I still have some questions that no one can answer from either side that is written in stone. I'm certain I'm not alone either. That said, it would prove ironic if there were colusion between UPS and IBT (Headlines: Dreaded Foes Caught in Sexual Trist! :wink2:) but I've heard it dozens of times before but no one has ever proven it in any meaningful way. The problem you may have in challenging is our surrender of power of attorney to the union to act as our fudicary agent on this contract. If someone believes a fudicary agent has acted improper, it's normal standing to fire or dismiss that agent and go to another and then file suit against the original agent to seek damages and restitution. [I][B]Engineer listen up my man because this is where APWA can get back in this game.[/B][/I] An example would be to first off gather some evidence to show or suggest wrongdoing has occured and then on those grounds move to dismiss the IBT as fudicary agent. Once you've done so and then replace that agent if you so choose, then you may seek recourse to repair the damage if you so choose. It's possible if the chain of abuse goes back years and is proven. then vast sums of monetary funds may be required by the court to be transferred to the new agent to prevent further future damages although some initial court oversight with a trustee may be required to satisfy the judge that all things are proper. There may be other avenues but it may require more legal work which cost money because in the eyes of the court, you say a party has defrauded you but you want to remain with that party as your representitive. Maybe not be a good example as it's so sensative to some, but it's like being married to an physically abusive spouse and you go into court to seek the court's protection and the desire to be paid alimony and damages but you don't want a divorce nor for the abuser to even move out of the house. How far you think you would get or better yet, how much work for the attorney which costs lots of money to make a standing in law that such precedence has standing to convince the judge to rule in your favor? Char, it's an interesting idea but is it a legal Mount Everest to climb? [/QUOTE]
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