Previous Politech message: "Unions sue member for posting constitution on the web" http://www.politechbot.com/p-03186.html
********* From: "Kevin LaPalme" <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Date: Wed, 27 Feb 2002 11:02:52 -0500 Subject: UFCW sues reform group over Web site Well that was quick. Suing one part-time grocery clerk wasn't enough. The UFCW has now filed suit against Members for Democracy, the Vancouver-based union reform group, for statements on its Web site and for use of the domain "ufcw.net". The suit names Kelsey Sigurdur, MFD's webmaster and site owner, and Sharyn Sigurdur, a UFCW Local 1518 member in good standing who works as a part-time grocery store clerk as defendants. The full story is here: http://www.ufcw.net ********* From: "Kevin LaPalme" <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Date: Fri, 1 Mar 2002 19:04:15 -0500 Subject: Court Orders UFCW to Post Constitution on Web Hi Declan- Here's a further development: A Canadian court has ordered UFCW Canada to post a copy of the union's constitution on its official Web site. The order came as part of an ongoing lawsuit in which the UFCW is suing a a part-time shipping clerk for placing a copy of the constitution on his Geocities Web site. The court also ordered the clerk to remove the constitution from his site (the UFCW claims it holds copyright). The clerk, a union member, alleges that he put the constitution on his site after being refused a copy by his union. The UFCW had been seeking to shut the clerk's site down, but the court has allowed it to remain operating until the trial. The UFCW is also suing the clerk for defamation. The court also stipulated that if the UFCW fails to place the constitution on its site within four months, the clerk may place it on another site. source: http://www.retailworker.com ********* From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Date: Thu, 28 Feb 2002 06:05:51 -0500 Subject: Union Sues Site Over Domain Name/Metatags/Defamation The UFCW has filed suit against Members for Democracy, the Canadian union reform group, for statements on its Web site and for use of the URL "ufcw.net". The suit names Kelsey Sigurdur, MFD's webmaster and site owner, and Sharyn Sigurdur, a UFCW Local 1518 member in good standing who works as a part-time grocery store clerk, as defendants. The writ of summons does not identify any particular defamatory statements, but vaguely accuses the site of being "critical" of the union movement in general. The writ also alleges that the site tries to "pass off" as an official union publication --a charge apparently at odds with the anti-union allegation-- by its use of the domain "ufcw.net" and the occurrence of the term "UFCW" in it's metatags. More information is available here: http://www.ufcw.net And as a followup to your earlier questions about the UFCW suit against the part-time shipping clerk who published the union constitution on his geocities Web site, the original suit was filed in 8/01. In early February, the defendant was served with the gag order intended to censor or close his site, and with papers that indicated the the UFCW International Union was now a party to the suit. The defendant published the constitution on his Web site because he alleges that he was denied a copy by the union when tried to run for local president.Constitutions tell members how to run for office and how to lay charges against the executive. ********* Date: Wed, 27 Feb 2002 09:44:09 -0500 (EST) From: Flint <[EMAIL PROTECTED]> To: Declan McCullagh <[EMAIL PROTECTED]> cc: <[EMAIL PROTECTED]> Subject: Re: FC: Unions sue member for posting constitution on the web Just so you know, UFCW is one of the worst unions. The are notorious for being anti-democratic (as in terms of their internal structure, they are lapdogs for the Democratic Party, however). They are also infamous for extremely bad contracts, that sometimes have there pay superceded by a rise in the national minimum wage. There are alot of rumor about backroom deals. A lot of folks refer to the UFCW as the "United Front to Cut Wages". There are UFCW members that are trying to reform the union. Their website is available at http://www.ufcw.net There is more coverage of the Gammert case there. It's important to realize that this is part of the struggle to reform the UFCW, by posting the constitution so that members are able to know about it. And, the suits against Gammert are an attempt by the union bosses to silence him and make him an example to others. I hope he fights like hell. Most unions in the AFL-CIO could not be described as "a worker-formed collective organized for mutual interest that stands up to the authorities to defend their rights to be free from oppression". A lot of them are "business unions", many are choked with bureacracy, others are defanged by the state through a labor law designed to coopt the labor movement into collaboration with the state and capitalism, and designed to coopt union officials into the hierarchy of our society where they are more likely to play golf with CEOs and politicans, than they are to mingle with the rank and file. At the same time, it's hard to generalize on organizations that make up 13% of the economy, and there is alot of diversity. With the exception of some locals and some of the rank & file, the UFCW sucks. We desperately need unions that are true to the idea that Declan proposes. When tech workers decide that they need them, I hope they don't make the same mistakes. Direct Democracy, Direct Action and Solidarity. Solid, Flint ********* Date: Wed, 27 Feb 2002 11:44:30 -0500 From: "Paul Levy" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Subject: Re: FC: Unions sue member for posting constitution on the web I looked at the documents, because I was asked for advice some time ago about a similar question involving an American union. But I don't see anything in the text of the complaint to suggest that the UFCW International (based in DC) is a co-plaintiff in this case; only that UFCW Canada and the Vancouver BC local are plaintiffs; unfortunately, it is going to be hard to apply the US Constitution, and the very good protections afforded by the LMRDA to members of US unions, to this case. Defamation seems to be the main claim in this case, and the accusations are pretty strong. The claim based on constitution posting is thrown in at the end (not that it is any less objectionable for that) Given that Canadian libel law is much less protective of the defendant than US law under NY Times v. Sullivan and Plant Guard Workers v. Linn, this defendant seems to be in for a hard time. Paul Alan Levy Public Citizen Litigation Group 1600 - 20th Street, N.W. Washington, D.C. 20009 (202) 588-1000 http://www.citizen.org/litigation/litigation.html ********* Date: Wed, 27 Feb 2002 12:41:10 -0800 From: "Stephen H. Kawamoto" <[EMAIL PROTECTED]> Subject: Re: Unions sue member for posting constitution on the web To: [EMAIL PROTECTED] Cc: "Stephen H. Kawamoto" <[EMAIL PROTECTED]> Worker law in BC was that fulltime workers get union wages. William is part time so he's exempt. At the security guard company I work for, part timers permament staff can upgrade to fulltime by asking the shift supervisor for more work to meet the 40-hrs/week fulltime status, due to the $8.05-9.00/hr wage. Our union contract comes up on June 30, 2002. Meanwhile a security guard getting 3 12-hr shift gets no overtime because 40 hours == fulltime. -- With attentiveness strives this fool who knows the delusion of 'I am'. -- PGP: 0x8C656D0E :: 7F49 566F DB34 DC11 5BEA 0BC3 C47A A982 8C65 6D0E -- ********* ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. 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