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The following constitutes a charge of misconduct, and conduct detrimental to the welfare of ILA Local 2038 GLDC ACD against President Michael DaVaney for his intentional mishandling of two proposed By-law amendments presented to him by me [Kensey Alsman] on November 28, 2008.
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Citation of by-laws alleged to be violated:
ARTICLE XIX
AMENDMENTS
Section 1. Proposed amendments to Local 2038 GLDC ACD's By laws must be submitted in writing to the President. Each member affected by such amendment shall be notified in writing of the proposed amendment before any action can be taken.
Section 2. It shall require a majority vote by secret ballot of the members in good standing present at a special meeting of the membership of Local 2038 GLDC ACD called for the purpose to adopt the proposed amendment.
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It is my contention that ILA Local 2038 President Michael DaVaney willfully and knowingly violated the above by-laws when on or about April 29, 2009 he called for a mail-in ballot on the two proposed by-laws changes, concerning ARTICLE VI Section 2 and Section 7, which concluded on May 21, 2009. He then made a further travesty of this costly and illegal mail-in ballot process by refusing to even recognize the validity of the vote count (53 "Yes" votes to 4 "No" votes) when he declared total votes returned was a "lack of majority member participation," (a phrase that appears nowhere in our by-laws). He also cites Article XIII Section 15 of the ILA Constitution (attached) which has no application to this situation because the proposed by-laws changes have no bearing on financial obligations and having a quorum was never in question since there was no meeting. "Past practice," also cited, does not supersede the by-laws listed above. And there are no Department of Labor guidelines that indicate our by-laws are incompatible with their rules or regulations.
There was no reason to ignore our by-law mandated procedure and nowhere in the by-laws is there a provision to allow mail-in ballots on proposed by-laws changes.
I charge that this constitutes conduct detrimental to the welfare of the ILA Local 2038 GLDC ACD as stated by ARTICLE XVIII, DISCIPLINE, PARAGRAPH (b) of the International Constitution because this was a dissipation of Union resources due to the costs of stationery, printing, packaging and postage including the cost of return postage.
I also charge that he willfully and knowingly engaged in misconduct when he violated his duty to properly enforce the above By-Laws of our Local Union as required of the Local Union President by ARTICLE XIII, Section 7 of the International Constitution.
I ask that he be compelled to immediately do a new mail notification for a proper and legal meeting to consider the proposed by-laws changes (attached) in the manner consistent with the by-laws cited above.
I further ask that he be compelled to personally reimburse ILA Local 2038 all costs for postage, stationery, packaging and printing costs, etc. related to the mail-in by-law ballot or fined the sum of $1,000, whichever is less.
In accordance with ARTICLE XVIII, DISCIPLINE, Section 2 of Local 2038 by-laws I request a hearing to be held within 60 days of the filing of these charges with a five day notice.
Fraternally,
Kensey L. Alsman
Beta Division
June 24, 2009
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