Reformers Rewrite Ironworkers Constitution
Ironworkers Union members Carl E. Bishop and Oscar Ingram's journey to justice has been rewarded with a judicial grand slam.
These two members of Ironworkers Local 387 in Atlanta Georgia sued their International Union in February 2003 for abusing union discipline to thwart efforts by reform-oriented members to root out corruption in their local. On April 10, 2003 Bishop and Ingram were notified by the Ironworkers General Executive Board that all charges and penalties against them were dismissed but by this time, that wasn't good enough. The two reformers carried on with their pursuit of justice.
Bishop and Ingram asked an American Court in Civil Action No. 03-344 GK (See court documents at conclusion) to:
- Declare the legally offensive language in Article XIX, Sections 4 and 10, and in Article XXVI, Section 14, of the Iron Workers' Constitution to be null and void;
- Declare Plaintiffs' discipline to be unlawful;
- Enjoin the Ironworkers to remove the legally offensive language from its Constitution;
- Enjoin the Ironworkers to inform its membership by appropriate means calculated to inform them in a meaningful manner about the Court's action and to eradicate the chilling effects of the unlawful Constitutional restraints on their LMRDA rights;
- Enjoin the Iron Workers to monitor the Union's disciplinary process to ensure that charges are not brought against members, that members do not have to stand trial, and that members are not convicted and disciplined, for alleged violations of the legally offensive Constitutional provisions, or for exercising their Title I right of free speech;
- Award such additional relief as the Court may deem just and proper, including Plaintiffs' reasonable attorney fees, costs, and expenses.
MFD stated in a previous follow up on Bishop and Ingram's pursuit of justice that a favorable decision by United States District Judge Gladys Kessler could free the two Ironworkers from their imposed burdens and provide a precedent for all union members seeking freedom of speech without persecution. Judge Kessler did just that, handing down a precedent-setting ruling that will affect unions and members for decades to come.
On March 1, 2004, Judge Kessler declared that the following provisions of the Ironworkers International's constitution were unlawful:
- Paragraphs 4, 6, and 7 of Article XIX, Section 10;
- The prohibition on discussing union matters with outsiders in Article XXVI, Section 18; and
- The third and fourth sentences of Article XIX, Section 4;
It was further ordered that the Ironworkers International shall be enjoined (prevented) from applying these provisions to discipline union members in any manner.
It was further ordered that the Ironworkers International union shall remove these provisions from all future printings of its constitution and the Ironworkers International union was further ordered to publish a notice of Judge Kessler's ruling in the Ironworkers newsletter "The Ironworkers," in order to ensure that its members understand the full scope of their rights.
It was further ordered that the Ironworkers International's disciplinary procedures violate members' rights to due process under § 101(a)(5) of the LMRDA.
A judicial grand slam indeed!
The ramifications for unions in Canada and United States may well be devastating. Archaic rules like those in the Ironworkers Constitution have been the pillars of manipulation and control of masses of discontented members across North America.
MFD contacted the Ironworkers International President for his take on the recent ruling but, to date, no response has been forthcoming.
We also contacted Carl Bishop in Georgia to ask him about his personal feelings about the grand slam victory of justice. Here is what Carl Bishop said to MFD:
I feel the decision should be received as a victory for all union members that were not to be controlled by our officials. Yes, reformers of workers rights within the Ironworkers we are, but there have to be more reformers out there to really make a change for rank and file members of all unions. This decision should be taken to show other members that they can make a change with in there unions constitution.
Most unions want to control what members are allowed to say and do so with the threat of charges being filed against them with the aid of the wording of their constitution. The charges and fines against Oscar and I were dropped last year when I filed this lawsuit against the International. They were hoping that I would drop the law suit.
We had an election on January 24th, 2004 and Jimmy Odom is our new business manager. Jimmy represented Oscar and I at our union trials in September of 2002. We are going after the past officers of our union as we speak. The local is in financial trouble due to their past spending of our dues money.
Thank you MFD for all your support. UNION always.
Special thanks should also be passed on to Attorney Arthur L. Fox ll of law firm Lobel, Novins and Lamont for his excellent efforts to see these union members got justice.
MFD would like to again congratulate these reformers for their efforts in their grand slam judicial victory. We also want to congratulate Carl Bishop on the recent arrival of his new granddaughter. If good things truly come in three's, what else could come to these dedicated union reformers who have truly made history.
Thank you Carl Bishop and Oscar Ingram.