EXECUTIVE BOARD FINDINGS

MERIT HEARING

On March 6, 2006 I was summoned to the union hall to present my charges against Wooten. This was supposed to be a merit hearing, not a trial. The purpose was to listen to my version of the incident to determine if there was merit to the charges I brought against Wooten. This is likened to a Grand Jury where a witness or witnesses present evidence as to what occurred. The defendant doesn’t have to be present; he isn’t given the opportunity to defend himself. The panel isn’t convened to find innocence or guilt, just if the charges have merit. In other words, did something really happen at the meeting or was the attack and threats something the witnesses made up?

It’s supposed to be an impartial panel. Shanahan, who appointed Wooten as the Assistant Master Mechanic and Fuller, Wootens Master Mechanic, should have excused themselves because of their close relationship.

This was supposed to be a fact-finding mission but in reality, it was Shanahan and Fuller, along with DeJuliis’ stage to defend Wooten as they have been since the assault. Shanahan and Fuller must have thought they were high priced lawyers; they were brilliant! Shanahan wanted to know if I could “really, really” say Wooten assaulted me? Couldn’t it have been one of the other hundred members? Let me see Joe, mmmnn, yup, it was Wooten who called me all those MFs and came busting through the rows of chairs and struck me on the head trying to drag me out of the hall. I can really, really say it was Wooten who was responsible for aggravating my back injury, the injury he was well aware of. You were there you heard and saw so why the “really, really did he do it” question? My report must have confused him because he wanted to know if I was charging Wooten with the violations under the LMRDA, Local 37 By-Laws, or the IUOE Constitution. I further confused him when I told him I incorporated them. He couldn’t fathom that. Wade Hamlet understood and cut his argument off.

Then we have Richard Fuller, Wooten’s boss and of course we all know he is impartial…..NOT!!! He couldn’t get by the amount of times I was ruled out of order. He contends that my Freedom of Speech rights were “rescinded” when I was ruled out of order. Right or wrong is not an issue. How would you like this guy on the Supreme Court?

I asked the parliamentarian at gavelmaster@hotmail.com , if I was called out of order numerous times for raising a Point of Order, is my right to have it addressed valid, or should I sit down and keep quiet like they demanded? His response was: The presiding officer can’t just keep on doing what he prefers when a “Point of Order” is raised by a member, it has to be addressed. The member who is interrupted should be called to order and take his seat until the “POINT” is made. By his failure to enforce the rules he encourages others to violate the rules of order and decorum in debate. It is the duty of the presiding officer to maintain the appearance of impartiality.  Do you understand that Fuller? YOU can’t rescind my rights if I’m right no matter how many times I was called out of order.

As I continued to disagree with Fuller, he swelled up like an extra large, deep, deep red balloon. If the IUOE wasn’t there he would have blown up! Those of us that know him have seen that Harold Pack act before; red faced, swollen neck veins and that high squeaky screaming voice.

Wade Hamel did an excellent job presiding over the merit hearing and the other members were a far cry from Wooten’s defense lawyer wanna-bees. Unfortunately the others were also hung up on the amount of times I was called out of order. They asked if I heard Hamel say I could ask my questions after Dejuliis got through complaining about rumor, innuendoes, and his love for Local 37. I couldn't convince them I had a right to raise the POINT OF ORDER. Then Fuller chimes in again “I’m sorry Pal” your rights were rescinded. Brilliant!

I just wish the others had the nerve to be their own person and not be controlled to the point where they are afraid to make the “right” decisions and question what’s going on in our union. Most of them are good guys; they seem to be afraid to stand up and confront what they know is questionable or outright wrong. The members need them but they have blinders on and close their ears to the whispers and shouts of the RANK and FILE.

Fortunately, change is almost here and when it arrives a lot of them will be on the outside looking in while the four of them that are helping us will be right along side of us. It’s really a shame they could be a benefit to the local and the members and they could feel good about belonging to the Brotherhood because they cared and adhered to their duties as best they could under the dictatorship of the King.

The IUOE rep, Jim VanDyke, was present as an observer, and it’s a good thing because if he wasn’t, there wouldn’t have been any merit for either of the charges. Shanahan wrote the letter that was sent out and Campbell signed it. The letter says that the hearing was “one sided” because Wooten couldn’t say anything on the advice of his lawyer. If you were there it would have been obvious that Wooten didn’t have to say a word if he wanted to.  He had a room full of defenders who failed to read the rules; the President is the only one that has any authority in the meeting. No one is allowed to speak without first being recognized by the Chair, although at times you have to fight for recognition; like what happened to me.  No one has the right to threaten, coerce or assault another member. If a member is ordered escorted out, the Guard or Sgt of Arms is delegated to “escort” not “eject”. No one has the right to take it upon himself to “force another member out of the meeting because he disagrees with him or feels the meeting is being disrupted; or in this case, asking forbidden questions!

          Wooten violated several rules as soon as he stood up and started his string of vulgarities. As he continued his actions he violated 37s By-laws, the IUOE Constitution, and criminal as well as federal laws. We all feel (and some know) he was planted to do exactly what he did. The rumor is that somebody told somebody else to “kick, punch, or anything else” to keep people from asking questions about the Target Fund.

          If the Business Manager and the officers were as embarrassed as they claimed to be, they would have charged Wooten instead of me having to do it. We all get the feeling when DeJuliis says he wants the perpetrator punished he is talking about me. Throughout the IUOE, DISSENTERS are the PERPATRATORS and shall be dealt with harshly.

Brothers and Sisters we need to support each other, NOW. We can’t wait any longer to reform this sorry local; join the movement! Everybody needs to be vocal and ask questions, don’t be denied answers. Whenever you ask him a question you notice how he is deceptive and gives not answers but makes ludicrous statements, which leaves us asking what in the hell is he talking about? He normally won’t or can’t answer you.

          The International has to see what’s going on here. The favoritism, nepotism and cronyism along with the obvious mismanagement and the length of time all Fiduciary Duties have been neglected which in turn neglects the members. This should be more than enough evidence to have them come in and take Local 37 over, oust the violators, and respond to the members needs. God know how many letters of complaint they have received from us pointing out the numerous major problems we have been enduring since DeJuliis has been running this sinking ship. If they continue to refuse our request for help, then they too are responsible for what happens next.

Wooten is supposed to be tried by the members by SECRET BALLOT at the next meeting, which is April 10, 2006. CARDS SHOULD BE MAILED TO REFLECT THE TRIAL AND SECRET BALLOT. Show your support and show up to cast your ballot. Remember this attack was physically made on me, but the message was for all of us to SHUT UP and do not ask questions about YOUR MONEY and lousy benefits, because if you do, YOU’RE NEXT!

Brothers and Sisters from Western Maryland come join us. You’re important to this union and we know you are also going through the same thing. We need better communications so we each know what the other is doing and can help each other to reform Local 37 so it will benefit of the Rank and File. 

Fraternally, 

Jim Archey