FC: Censorhappy union that sued member over site now sue reformers too

[Declan McCullagh <declan () well com>]

Previous Politech message:

"Unions sue member for posting constitution on the web"
http://www.politechbot.com/p-03186.html

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From: "Kevin LaPalme" <press () retailworker com>
To: declan () well com
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

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From: "Kevin LaPalme" <press () retailworker com>
To: declan () well com
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


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From: press () retailworker com
To: declan () well com
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.

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Date: Wed, 27 Feb 2002 09:44:09 -0500 (EST)
From: Flint <flint () mobtown org>
To: Declan McCullagh <declan () well com>
cc: <politech () politechbot com>
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

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Date: Wed, 27 Feb 2002 11:44:30 -0500
From: "Paul Levy" <PLEVY () citizen org>
To: <declan () well com>
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

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Date: Wed, 27 Feb 2002 12:41:10 -0800
From: "Stephen H. Kawamoto" <shkawamoto () shaw ca>
Subject: Re: Unions sue member for posting constitution on the web
To: declan () well com
Cc: "Stephen H. Kawamoto" <shkawamoto () shaw ca>

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
--

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