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1/7/2009
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"And
Justice for |
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The Assault
Upon the American Worker and Their Families
No longer do American workers have
the right to due process in state courts, it is now precedent throughout
the 4th Circuit, allowed by the Supreme Court, that corporations and unions
can hold non-judicial tribunals and without due process, without counsel,
without juries and without judges, find American workers guilty of state
statutes and terminate them..
This is only one story of many
common everyday workers who are being denied constitutional civil due
process rights, government agency remedy, losing their well-earned pension,
health and retirement benefits to the interests of big business and union
survival as long as the union is under the control of the corporate entity. UPS' own internal documents acknowldege they "target" employees who are injured on the job. (UPS' Armegeddon Letter). Note UPS' established "cutback conference calls" especially the final sentence - "Having too many drivers can be more costly than not enough, especially in the area of benefits." Those that are targeted with termination
who can even afford an attorney or proceed pro se are stifled with judgments
consistently in favor of the large corporations. ...because the ensuing assault was not only on this family. For UPS' high-paid corporate lobbyists, it was the perfect case. Spend at all costs to set such precedent throughout every level (the internal panel system, the government agency called the NLRB and the judicial system) to establish new precedent against American workers. UPS and the Teamsters have easily found a way to usurp and funnel millions from hardworking employees. Many close to retirement or on workers comp are being summarily terminated - transactions of convenience could be the correct term to use. In
our opinion, Corporate money was no object, many "favors"
called in as the case continued to rise at each level. Note the decision by the U.S. District Court of Maryland that cited no authority that O'Shea was properly charged, tried and found guilty of a crime in a court of law in Maryland. Note the brief decision by the 4th Circuit that failed to address Dan O'Shea's legal support. Dan O'Shea then requested a "rehearing en banc", submitted to all of the 4th Circuit judges and each, by refusing to respond, denied due process and allowed the lower court's branding of O'Shea as a criminal absent the fundamental right to respond to criminal charges at a trial or the ability to determine innocence. There was no "innocent until
proven guilty", just simply..."guilty" - without trial. In this case, the now-conservative
Supreme Court decided to allow precedent that common workers can be branded
as a criminal in federal courts without Constitutional due process - the
right to be charged, the right to counsel, the right to a trial in a manner
proscribed by law and in the district wherein the alleged crime was to
have ocurred, and the right to a jury in our land. The link will be shown,
the decision will be yours alone to make of how the case worked its way
up to the Court of Appeals for the 4th Circuit and denied by the Supreme
Court that has now set precedent affecting American workers. |
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TRAILS - MONEY & POLITICS |
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