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John
Gaines
1016
Summit Woods
New
Windsor, NY 12553
Dear
Jack Gaines:
I
must confess. I have not read any of your letters or any
misinformation you post on the ACRE website in your capacity
of ACRE Minister of Propaganda, in detail for some time.
The content of your missives is so odious, devoid of accuracy
or propriety, that it takes a supreme effort for me to even
skim through any of your correspondence. I attempt to focus
on bold type, phrases or possibly a few clustered words.
Generally after you release misinformation, I receive phone
calls at home or people seek me out, requesting me to respond
to your repugnant commentary. This is how I am informed
of the content in detail. For instance, on December 14,
a day after your latest misinformed effort arrived, I received
four calls from trainmen complaining about the insipid statements
contained in the letter. A flagman offered an unusual remedy
for his disposal of your letter. I spoke with an engineer
that received five phone calls of a similar nature. I spoke
with another engineer that stated he had not heard a favorable
response from anyone regarding your letter. This outcry
of indignation is to be expected, only not with such a degree
of alacrity. With this typical, albeit expeditious expressed
loathing of your rhetoric, I am almost compelled to urge
you to please, please write more letters, and soon. However,
from a personal viewpoint, I do not intend to respond to
any of your future banal musings unless
you explore a new subject matter. After a cursory review
of your letter, and with feedback from other parties, I
will address several topics, although I'm certain most of
the letters' issues have been previously addressed.
I
mentioned in my 11/16/04 letter the reporting of PAC funds
by an International in a comparative aspect. The intention
was to illustrate a point of accountability, the Internationals
clear compliance with required reporting procedures opposed
to ACRE's obvious reluctance. Apparently the phrasing was
either esoteric or perhaps misleading. Maybe I should have
added “if required”. In my letter's prior paragraph I refer
to your lack of comprehension concerning International operations.
Your response on this topic did not disappoint. An Internationals
structure is wholly different from ACRE's. ACRE is an independent,
self contained organization. The UTU International, for
example, reports PAC fund monies on a monthly basis to the
Federal Elections Commission (FEC) in Washington, D.C. The
reporting form is the FEC form 3X. Subordinate bodies of
the UTU, State Legislative Boards, General Committees of
Adjustment (GCA) or Locals report their PAC funds to the
Department of Labor (DOL). State Legislative Boards also
report PAC funds to their respective State Board of Elections.
If a GCA or Local has a PAC fund separate from TPEL, they
also report to the State Board of Elections. ACRE has no
International and no separate, distinct Legislative Board
that collects Legislative dues and files a Labor Management
Report (LM) with the DOL. The subordinate bodies of an International
report their PAC funds to the DOL, so why doesn't ACRE have
to perform the same task?
Whenever
you venture into the “release time” controversy, the Railway
Labor Act (RLA) provisions, Sec. 2, part 4, are conveniently
ignored. Now Jack, you are an Executive
Legislative Director, surely you are familiar with this
tenet of the RLA. In case you are not, it states “it shall
be unlawful for any Carrier to interfere in any way with
the organization of its employees, or to use
the funds of the Carrier in maintaining or assisting or
contributing to any labor organization, labor representative
or other
agency
of collective bargaining . No other
railroad compensates union officers to perform
full-time union work exclusively. If
this salary structure was proper, why did Congress pass
the omnibus language forbidding the MTA to compensate ACRE
officers from Federal Funds? And why did the State Legislature
have legislation introduced designed to prevent the MTA
from compensating ACRE officers from any funds? This legislation
was introduced after the MTA continued to pay the salaries
subsequent to the Omnibus provisions, ostensibly from other
funds. The legislation is endorsed by the International
Rail Unions and the New York State AFL-CIO. When the legislation
is passed, what spin could you possibly offer on the issue?
Lobbyist?
Let's see, I knew about the introduction of the Omnibus
language, the day it was introduced. I was aware of the
ACRE bills before introduction in Albany, and I was cognizant
of the Crew Consist bill before it was introduced. These
are only a few samples. I am not even a Legislative Representative.
When did ACRE's Executive Legislative Director become aware
of this legislation? It certainly was not prior
to the activity.
The
co-pay for health and welfare coverage in freight service
is approximately $90 a month, not $300. The co-pay came
after an International lost the issue at a board, setting
the stage for all other rail unions representing freight
railroads to follow the trend. This situation is analogous
to the position ACRE has presented the Metro North Coalition.
ACRE introduced co-payment of health and welfare for new
hires, no cap on the 3% employee contribution, contrary
to the LIRR contract. ACRE is the only commuter railroad
or State agency in New York State that has these features
in its contract. How would ACRE know the cost of its contract.
Did the MTA inform you that ACRE “underpaid”. Actually,
this is doubtful because earlier this year the MTA attempted
to justify the ACRE salary structure to the State Legislature.
The compensation was described as a business decision and
operational cost savings were cited. The Segal Company,
the actuarial firm retained by the Metro North Coalition
for actuarial advice, informed the Coalition that ACRE never
utilized the firm's services for a study to determine the
pensions cost factor. The Coalition has used the Segal Company's
expertise for issues involving the contract. How could the
Coalition receive a complete study when ACRE does not yet
have a plan document? Possibly some individuals that have
retired at 62 or older “underpaid” for their pension, but
the preponderance of ACRE members do not enjoy this classification.
For once offer some real information instead of contentious
statements. You always fail to remark how well other commuter
railroads have performed in the collective bargaining arena.
All have done better than ACRE ( Appendix
II ). The freight railroads negotiate with private corporations,
not funded public entities. In the International Union structure,
the General Committee for each commuter railroad negotiates
their own agreement. These committees will utilize International
resources only if necessary.
I
have not spoken with an engineer that can recall you ever
seeking elective office. You were an appointed Assistant
General Chairman in Doyle's BLE Division, or at times you
are listed as an Assistant Local Chairman on the LM-3 or
LM-2's filed for Division 127 between 1995 and 1999. For
reporting year 1995, in Doyle's LM-3 you are listed as an
ACG, salary $2,445, expenses $8,186, total compensation
$10,631. What is unique about this situation is several
of Doyle's former officers, Tom McGrath and Fred Kelly,
were unaware of your position and salary until after Division
127 was placed in trusteeship by the BLE International during
ACRE's promotion.
The
service you have provided to members entails whispering
in members ears, at least since 1995, about how we “don't
need the International, and spreading false information
about the International's function and the value of having
an International body. Example, during the employee training
phase for the CMS, you were on Special Duty, “training”
employees. The couple of hours, at most, you spent “training”
employees a day, was a vehicle for you to spread your misinformation
about Internationals. By the way, what was your special
duty salary, 10-12 hours a day, possibly a no meal? The
MTA received a solid return on that investment, in fact,
you performed so well, that during ACRE's promotion, you
were placed on special duty along with other then UTU and
BLE officers to promote ACRE full-time. Yes Jack, Section
2, part 4 of the RLA, again. You really should acquaint
yourself with this provision.
I
have enclosed a copy ( Appendix
I ) of the 1/11/00 letter you sent to the Metro North
Coalition, in your position of ACRE's interim Executive
Director. Naturally you were on Special Duty at the time.
In your promotion literature you proclaimed ACRE would expand,
on Metro North and to other railroads. Meanwhile, you were
assuring the Coalition ACRE harbored no intention of growing
beyond its initial structure. I have also included a copy
of a letter written by me addressing the “release time”
issue. This letter was written the first week of June 2004,
before the written endorsement of the ACRE bill by the AFL-CIO.
I have also included a synopsis of recent commuter railroad
contract settlements, written in January of 2004.
I
do not envy your position, an organization founded on lies
can only survive with the distribution of more lies. One
lie begats another lie. Lies are easily refuted, because
the truth always exists. Sometimes the truth has to be uncovered,
but it is always available. At this stage, ACRE's senior
officers cannot afford to tell the truth about issues. This
would be tantamount to admitting they were lying previously.
Veracity is also problematic because the truth never sounds
as good as a neatly crafted lie. ACRE Executive Board mandate,
tells everyone what they want to hear. After all, according
to Jack, everything is always clear skies and sunshine in
ACRE land.
Sincerely,
Art
May
P.S.
I've been informed you compared the ACRE Constitution to
the U.S. Constitution. The founding fathers formed the constitution
to provide for a system of checks and balances in government.
They recognized that absolute power corrupts. ACRE has no
system of checks and balances. If the organization did,
the ACRE Constitution could not have been amended without
members knowledge to provide an open ended salary structure
for the office of Executive Legislative Director, a position
you occupy.
NOTE:
My “release time” letter is provided Gaines (Appendix
III ). But because of its length, it is not included
with the distribution of this letter. It is available for
review on the MTA-ACRE website.
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