December 29, 2005 

To: Tom Campbell,

 Recording-Corresponding Secretary,

 IUOE Local 37, Baltimore, MD 

 Dear Sir and Brother, 

I am writing this letter in accordance with the IUOE Constitution Art.XXIV. Subdiv.7. Section (m), reference to

Filing charges.  

I am preferring charges against IUOE Local 37 member, Robert L. Wooten dob 6/20/71, Assistant master mechanic for Kinder ? Morgan (Chesapeake Bulk), Coke Plant Rd. Sparrows Points, Md. 21219 and of 435 Wheeler School House Rd. Pylesville, Md.21132, for violating my Union Member Bill of Rights under LMRDA the IUOE Constitution and the by-laws of IUOE Local 37.  Below is an excerpt from the LMRDA Bill of Rights: 

Deprivation of Rights Under Act by Violence 

(29 U.S.C. 530) 

SEC.610.  It shall be unlawful for any person through the use of force or violence, or threat or the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any member of a labor organization for the purpose of interfering with or preventing the exercise of any right to which he is entitled under the provisions of this Act.  Any person who willfully violates this section shall be fined not more than $1,000 or imprisoned for not more than one year, or both. 

On 12/12/05 while attending the regularly scheduled meeting at the VFW hall at 8123 Harford Rd. Baltimore, Md., sometime between the hours of 19:45 and 20:45 there were three incidents in which Brother Wooten violated my rights by coercion, threats to use force and the use of force. 

The first incident occurred while I was debating the motion on the floor that I felt was not being followed according to the motion as it was made, seconded, voted on, and approved by the assembly at the previous meeting on 11/ 14/05. While I was addressing Mrs. Kahler, the auditor for local 37 Brother Wooten who was sitting three rows in front of me and to my left, jumped up to his feet, faced me and yelled directly at me to ?shut the F**k up and sit the F**k down? The President and Presiding Officer, Wade Hamel, made no attempt to call Wooten out of order.  Wooten only sat back down when a large number of members called him out of order and ordered him to sit down. 

The second incident occurred while I was debating with Business Manager  James  R. DeJulius about the contents of the financial report that was handed out to the members that was not in accordance with the motion made, seconded, voted on and approved by the assembly on 11/14/05. Brother Wooten again jumped to his feet, faced me and yelled directly at me, ?Sit the F**k down and shut the F**k up or I’ll F**k you up Mother f**ker?. Again the President failed to call Wooten out of order but did call me out of order several times and ordered me to sit down. 

The third incident occurred when I called for a ?point of order? because Business Manager James DeJulius was not keeping to the ?order of business? which was to take question on the financial report under ?unfinished business?. Instead the Business Manager was complaining about insults, innuendoes and rumors that he believed members were directing at him, and then he started to defend the Target Fund, this was not in accordance with Rule #6 in our by-laws under the rules of order that state:

Members when speaking, shall confine themselves to the question under debate and avoid all personal, indecorous, or sarcastic language.

   After approximately twelve (12) minutes, I called for a ?point of order? Rule#7 in our by-laws under the rules of order which states:

No member shall interrupt another while speaking except to a point of order, and he shall definitely state the point, and the chair shall decide the same without debate. 

The president failed to call the Business Manager to order but did call me ?out of order? several times while attempting to exercise my rights according to the LMRDA, our by-laws, the international by-laws and the rules of Robert by which our meetings are governed (IUOE constitution Art.XXIV subdivision 14 Parliamentary Law) 

  I was not allowed to appeal from the decision of the chair Rule #9 in our by-laws that  states:

If any member shall feel himself personally aggrieved by a decision of the chair, he may appeal to the body (members) from the decision. (Which would then vote to either sustain or disallow the decision of the chair). 

I was told by president Hamel  that I was out of order and that I had no appeals to sit down or I would be removed from the meeting. I made another attempt at a ?point of order? trying to explain it was my right to do so, because it was/is obvious that the President is not knowledgeable about the Rules of Robert or Parliamentary procedures. Hamel was derelict in his parliamentary duties, nor was he in control of the, meeting either by chance or design. It was during this debate that  Business Manager DeJulius said to  President Hamel ?he’s out of order get him out of here? Hamel then addressed the members saying ?someone escort him out of here?.

It was at this point Brother Wooten jumped out of his chair, pushed his way through several rows of chairs coming at me saying ?you?re god-damned right, I?ll escort the MotherF**ker out of here? and he attacked me. He struck me on top of the head causing a small bump and contusion and knocking my glasses off, which were never recovered, I put my right arm up to cover my face from his attack, he grabbed my right arm at the wrist and started pulling and jerking me towards the door. He attacked me without warning and before anyone could react he was dragging me by the arm towards the door to ?physically eject? me. Members intervened and had to forcibly free my arm from his grip because he refused to let go of me because he was still trying to drag me to the door. During the assault on me by Wooten, as he  was manhandling me, he twisted me around aggravating my injured back causing me to cry out in pain. I yelled at him ?be careful of my back Bobby? and he said ?F**k your back, your out of here?. Members had surrounded me by that time to protect me from Wooten and were yelling at Wooten to leave me alone and physically had to push him away from me as he kept trying to grab me. The entire time he was calling me ?Mother fu**ckers?.  After Wooten was taken away Brother Reggie Hopkins told me it was his job as guard to ?escort? me out, I complied without protest according to the rules even though I felt my exclusion was unjust.  Wooten was standing in the back of the hall laughing, and I asked if he was thrown out.  He made a comment that I couldn’t hear because I was surrounded by the Brothers who were protecting me.  They walked me to my truck to make sure there was no further attempts to injure me. I then drove home.   Wooten was only excluded later because of a large number of members complained about him being allowed to remain at the meeting when I was excluded. 

 On the night of the 11/14/05 meeting Brother Wooten, whom I’ve known since around 1996 when he was an apprentice, asked me how my back was, and that he had heard it was worse than everyone thought.  I explained to him that I had not been able to work since the injury on 6/11/01, that I had three major back operations with two fusions, and that I had a surgically implanted Medtronics pain pump that distributed medication (morphine) directly to my spine by means of a catheter and controlled by a computer chip to determine the amount distributed. I told him I had a permanent total disability from workers compensation and could never work again, that my job was to cook, keep my house clean and garden around the house. That every time I did something  physical I would suffer from it so my activities are limited. Brother Wooten sympathized with me and wished me well. Wooten was well aware of my condition at the time of the attack and knew I couldn’t possibly defend myself from his violent attack. Up to the day Wooten assaulted me, he and I have never had a problem nor cross words towards each other. We always treated each other with respect and were friendly.   We had worked together frequently at Chesapeake Bulk and had common interest such as hunting and shooting that we discussed on occasion.  We were ?working friends?.  I taught him how to run the live boom goose neck crane and invited him to come to the jobs where I ran tower cranes. Wooten told me on several occasions that if it wasn’t for me he never would have learned the right way to run the live boom cranes. 

On 19 Dec. 05, Vice President Joe Shanahan told me that ?they? thought Wooten was bi-polar because you never knew what would set him off and thought Wooten needed help. Brother Shanahan recounted a problem he had with Wooten at Chesapeake Bulk where Wooten became unruly and used abusive, vulgar language towards Shanahan when he was Wootens Superintendant. I asked why he was in a position of leadership if he had that type of personality problems and Shanahan told me he didn’t know why nor did he know why the leaders didn’t  or wouldn’t  file charges against Wooten or demote him from his position as Assistant Master Mechanic for his actions.     

Wooten committed several violation that the President should have ruled him out of order, admonished him and excluded him for continuous violations of Rule 11 of our by-laws that states (in brief): 

“If any member disturbs the harmony of the meeting or who uses profane or unbecoming language shall be admonished by the chair for the first offense and excluded from the room for the second offense. At no time was Wooten ruled out of order. Regardless of Wooten’s or anybody else’s opinion or beliefs there are rules and procedures for disagreement through debate and No One regardless of their position or authority are above these rules and procedures. Everyone has the rights of Freedom of Speech.”  

However, as if by design Wooten appears to be exempt from all rules and regulation of our Constitution, by-laws, and LMRDA or any other form of control or guidelines that the rest of the members abide by, either willfully or because of the penalties involved in non-compliance of the rules. Rather it seems as though Wooten was rewarded as he was invited to and attended the annual Christmas party in Little Italy in Baltimore on 12/21/05 that is reserved for the Officers and their families, and special guests including dignitaries. 

 Members’ wives were invited to and were in attendance at this meeting  on12/12/05 as well as Mrs. Kahler the auditor who was invited by DeJulius to speak about the target fund which was the ?Main? issue for the meeting.  There was no attempt from the President, the elected officers, and especially the Business Manager, James DeJulius, our elected leader, and Chairman of auditors in the international body of the IUOE, to calm Wooten down, call him out of order, or have him excluded, as is called for in Rule#11.  Because of Wooten’s  radical behavior and aggression he was a danger to all local 37 members their family and guest present, and an embarrassment to Local 37, the International Union and all it stands for.  The leadership of IUOE Local 37, failed to protect/ promote the health, welfare and safety for it’s members and  their families. (Art.1 Sec 2 of the IUOE Constitution) They should have removed and later charged Brother Wooten for these radical flagrant violations to preserve the safety and integrity of the meeting. Because of the failure of the Leaders of Local 37 to enforce the rules governing these obvious transgressions that were witnessed by them, as well as the assembly and invited guests, it supports popular opinion that in all outward appearances his action seemed to be condoned by our leaders. Whether at this point this is true or not remains open to conjecture.  

I am formally filing charges against Brother Robert L. Wooten for the following violations: 

#1- That on 12/12/05 while attending the union meeting Brother Robert Wooten 34 years of age, 190lbs. did threaten the complainant, (myself) Brother James F. Archey, 65 yrs. of age/158 lbs and disabled, a 32 year member of IUOE Local 37 with intimidation force and violence by use of vulgar language and certain body language to cause me, Brother Archey to reasonably assume that Brother Wooten intended to cause bodily harm and/or injury to me if I didn’t desist per Brother Wootens illegal demands to do so in violation of my rights under the IUOE Constitution, local 37 by-laws and LMRDA Union Members Bill of Rights.  

#2-That on 12/12/05 while attending the union meeting Brother Robert Wooten 34 years of age, 190lbs used force and violence against the complainant, (myself), Brother James F. Archey, 65yrs of age, 158lbs and disabled, a 32 year member of IUOE Local 37 by striking me on top of the head, and by jerking and pulling me by the arm dragging me towards the exit/entrance in an attempt to illegally force me out of the meeting. His actions caused me bodily harm and loss of personal property (eye glasses approximately $465.00) and the ensuing melee. These actions were in

Violation of Art. XXIV subdivision 7. Section (e) of the IUOE Constitution, in (brief) any officer or member who wrongs a fellow member, who commits an offense discreditable to the International Union or its subdivision, who creates dissention among the member, etc.

These actions were also in violations of my LMRDA Bill of Rights. 

As a result of the attack by Wooten I had to go to the AA Medical Center to be X-rayed to ensure that the Medtronics pain pump catheter was not dislodged during the assault. I Have an appointment with Dr. Brian Kahan, AA Medical Center on Friday 12/30/05 to determine the extent of my injuries. As a result of Wooten’s assault on me, my legs and back have been extremely uncomfortable and painful and I have had to begin taking prescription narcotics again to control my pain.

I have not had to rely on the pills prior to the assault on 12/12/05 since March 2005 when the Medtronics pain pump was surgically implanted in my body. At the time of this report my condition has yet to be determined awaiting the results of the X-ray and examination. Business Manager James DeJulius and I have on several occasions discussed my medical condition and the physicals problems I have been enduring over the past five years, as well as several other Officers Not one of them called on me to check to see if I was injured by Wooten. Brothers DeJulius and Shanahan did however travel to Sparrows Point the following day to Kinder Morgan (Chesapeake Bulk).  While at the plant, they did check on the condition of Brother George Moon, who was assaulted by Wooten outside the VFW hall on the sidewalk when Wooten returned to the VFW after being kicked out of the Emerald bar about a block from the VFW for starting an argument with three other members of local 37.  Brothers Wayne Pritchard, Wayne and Ronnie Nash.  Wooten also got in an altercation in the middle of the road in front of the VFW with Brother Mark Kahl.  As the Police were arriving Business Manager DeJulius walked Wooten down the side of the VFW to the parking area.      

In the event that I am missing any action, request, or any other action on my behalf that would make my charges null and void for any reason, I request that you notify me immediately prior to any time limits as to what action I must initiate, in order for my charges to be given a fair and unbiased hearing. 

As a 32 year member in good standing of the IUOE, as well as Local 37, who is entitled to full rights and privileges under the United States Department of Labor, the IUOE International Constitution and the By-Laws of IUOE Local 37, I respectfully request that you give your immediate attention to this very important matter. 

Fraternally Yours:  

 Brother James F. Archey 

cc:        IUOE General President, Vincent Giblin

            IUOE General Secretary Treasurer, Christopher Hanley

            IUOE General Council, Richard Griffin