Judge puts Simpson's defiance "On Ice."
Judge Leitman puts the brakes on Simpson's Defiance to the Settlement Agreement. The parties' representatives have been called back to Michigan District Court Friday, December 3, 2021
NESF among 13 Other Federations Urging President Simpson to Support Their Efforts for Localized Bargaining on COVID-19 Vaccination Mandates
1. The Parties met in Court today to set forth whether the continued forced mergers/consolidations imposed by defendants President Freddie Simpson and other National Division Officers are legal and a violation of the bylaws.
2. By agreement the Court will issue an Order that all conventions scheduled in September 2021 will be suspended to allow the case to be adjudicated by late October 2021.
3. The conventions that were planned in secret and then rushed through with little to no planning are now pushed back because of the lawsuit. The federations are pleased to see that the conventions will be suspended so the case can be heard.
4. As cited in the formal complaint, some of the supporters of these forced mergers have attempted to obtain the ability for forced mergers or consolidations through the proper democratic process but each time the membership rejected it. This time the defendants are not respecting the democratic will of the membership and are instead pushing it through unilaterally based solely on the will of retiring officers. This is effectively telling the membership they know what is “best for you” without your vote.
5. The defendants are disallowing all the small railroads delegates participation in the conventions. For some reason their opinions and votes don’t count but their dues will be collected. This is absurd, immoral, and likely illegal.
6. The complaint explains the political motivation behind the scheme and how the defendants are purposefully ignoring the will of the membership. The Quadrennial BMWED Convention is only 6 months from the time the retiring officers would execute their plan. If they waited, the defendants could attempt to pass their scheme democratically and allow the rank and file through hundreds of delegates to VOTE on what course our Union should take. Such a debate is welcomed by all System Division and Federations and is how our Union has always operated.
7. While some have shown concern about the cost of the case against defendants, the fact is that the cost was approved by e-boards from all ten (10) of the federations involved. The cost to stop the convention will be a small fraction of the wasteful dues dollars spent on the conventions and the process to get the federation forcibly re-aligned. Please remember that the case against defendants clearly show that the defendant’s expenditure for conventions were not approved by the e-board and although requested, not a single budget proposal has been submitted by the defendants. Hundreds of thousands, if not millions, of dues dollars will be spent on these needless conventions without National Division e-board approval if the Court does not stop them.
8. We will provide regular updates throughout the judicial proceedings in an effort to keep membership informed.