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From:
<hier...@comcast.net>Date: Sat, Dec 8, 2007 at 5:27 AM
Subject: {{
ruralc...@rootsweb.com}} NJ Postal and Rural News, Issue 29-NJ, V.1, Dec. 8, 2007 (List 7)
To:
Hier...@comcast.net
Cc:
Ruralc...@rootsweb.comNEW JERSEY POSTAL AND RURAL NEWS
Issue 29-NJ, Vol. 1 December 8, 2007 Saturday
Hier...@comcast.net
Issues of the New Jersey Postal and NRLCA News are now posted and available on the following website:
http://groups.google.com/group/rlc_onliners_pub?hl=en
DISCLAIMER: I have no affiliation with USPS or the NRLCA and as such any information that I pass on is unofficial and constitutes advice and/or suggestions for your consideration. You may be advised to double-check with official sources before depending on its use and while you are doing that ask why is it that someone without official contacts has this information and is passing it on and its not coming from official sources.
Note: These email messages are being sent to the entire NJ State Board and almost all of the senior stewards in New Jersey. There should be no concerns about this being done secretly.
**If you know any rural craft employee who would like to receive this dissemination, please send email address, and office of employment to
Hier...@comcast.net.
**If you do not wish to receive these disseminations, please notify
Hier...@comcast.net and request removal from dissemination list.
**Please address all comments, submissions, stories to
Hier...@comcast.net and be sure to mark it as confidential or note if it is OK to share.
___________________________________________________________________________
_______________________________________________________________________
New Jersey State Steward Swain Confirms NJRLCA attempt to sue former State Steward John Amtsfield
New Jersey State Steward, Michael W. Swain confirmed efforts underway by the New Jersey RLCA to sue former State Steward, John Amtsfield, a dues paying union member in good standing of the NJ RLCA.
In an Internet communication exchange, Swain stated "I have made no statement that I am going to sue John Amtsfield AKA hierofont or any other person. In fact, I took the position that there was nothing to gain by litigation."
The NJ RLCA on September 21, 2007 agreed to task President Tim Horner to contact legal counsel to determine what course of action to take relative to a campaign letter used by a candidate from another state ("the letter appeared to slam our state, our officers and our steward system") with an endorsement by former State Steward, John Amtsfied. The board also examined numerous anonymous Internet communications purportedly and supposedly generated by John Amtsfield but without attribution. The board was told and readily accepted without investigation or question that all of the anonymous and privately emails on a rural carrier chat forum were sent by John Amtsfield.
No attempt was made to even talk to John Amtsfield, but yet President Tim Horner with the apparent support of State Steward Swain and the remainder of the board had no problem threatening official legal action whereby the New Jersey Rural Letter Carriers Association would sue two dues paying union members in good standing; one a current officer and the other a past officer and State Steward for ten years.
Edited version of Hierofont Email sent to Rootsweb November 7, 2007
From:
Hier...@comcast.net
To: Ruralc...@Rootsweb.com
Subject: Sued by the NJ RLCA for Rootsweb posts
Date: Wednesday, November 07, 2007 9:35:54 PM
Top of Form
Bottom of Form
I have a continuing story to tell which I think will prove riveting to Rootsweb subscribers and particularly for those NJRLCA officials who are looking for any posts which they think I write, I wrote or which I copied and pasted for dissemination to Rootsweb. Note: that all of the NRLCA officers referenced are New Jersey state officers of a subordinate branch of the NRLCA, senior stewards or former senior stewards of a subordinate branch of the NRLCA, but NRLCA and NJRLCA officers/stewards none-the-less.
Some NJRLCA officials are convinced that I slammed the NRLCA, the NJRLCA, carriers, officers and stewards and defamed the character of NJRLCA officials.
New Jersey State Steward Mike Swain printed out a 1 inch stack of emails from Rootsweb likely using a Union computer, likely a Union printer, likely Union stationary and a Union e-mail account when he scurried to and then tattled to the NJRLCA Union board meeting on September 21, 2007 where NJRLCA Union officials spent considerable time reading anonymous Rootsweb postings at an official NJRLCA meeting, where the officers were being compensated time for the entire day and mileage/expenses by and from our NRLCA and NJRLCA dues, reading private posts from a dozen or more posters sent pseudo-anonymously and/or by long time Rootsweb posters who were not involved.
The NJRLCA officers were in an uproar and communicated a direct intent and overt threat to sue dues paying union members, a former State Steward/officer and an officer for defamation of character, slander and other unspecified legal actions for monetary and punitive damages. I assume they are taking the position that any public exposure of what they are doing holds them up to ridicule. At this point in time, I have received no official notice that my union will not be suing me and, in fact, offering encouragement, support and resources to encourage individual officers/stewards to sue a dues paying board member is as bad, if not compounded.
After long service, I had no choice but to retire on disability in 2003 some ten months before my regular retirement date and I receive a fraction of what I would have received if I could have made it to my regular retirement. I am disabled and largely travel in a wheelchair. My medical conditions are such that I am totally incapacitated at times and they are irreversible. If anyone is truly interested in the list of disabilities I suffer from, let me know and I will furnish same in alphabetical order. I do not ask for sympathy for my disabilities and tell you most emphatically they are largely my own fault. For decades, I worked 24, 36 even 48 hours straight skipping meals, working to physical exhaustion and then eating large meals to get back to work or to sleep in four or five hour stretches.
Now back to being sued by the NJRLCA for which my wife and I are dues paying members in good standing and apparently we are paying for my union to target me for punitive action, sanctions and a lawsuit. I am not worried about any action for slander, defamation of character or for holding NJRLCA officers up to ridicule (they are perfectly capable of that on their own); WHAT I AM CONCERNED ABOUT IS GETTING SOME MUCH NEEDED ASSISTANCE, ASSISTING ME IN WHEELING MY WHEELCHAIR AND CARRYING MY MEDICAL EQUIPMENT AND MEDICAL SUPPLIES INTO AND OUT OF THE COURTROOM DAY AFTER DAY AFTER DAY AFTER DAY.
You see, friends and colleagues, in order to defame character a critical issue is likely to be defining character (would NRLCA or NJRLCA officers with character violate the law and C&BLs to retaliate against, sanction and punish a dues paying member in good standing using all of the resources of the State and some of the National resources simply for exercising free speech rights where the only person identified by correctly spelled name was running a union political campaign for election). In defending against slander, a critical issue is likely to be whether or not what is said is true and coming from someone who has years of correspondence, notes of meetings and EMAILS, truth is not a problem especially when some of the very people who are angry, wrote and continue to write dire ctly to me or otherwise communicated considerable information. You see, some know that some of it is true and know they have exposure, others know most of it is true and have even more exposure an!
d proof
will not be an issue since all will know that all of it is true. Another key issue is likely to be authorship. Would it surprise anyone to learn that people actually email me with complaints, comments, issues and gripes and rather than expose them to retaliation, I sometimes pasted their comments (with their permission) and sometimes sent them out pseudo-anonymously. I say that because the four accounts used are anonymous pseudonyms (screen names) just like almost everyone else uses. I have used different pseudonyms (screen names) for different purposes for each of my activities: I used accounts for internet communications mostly because I was on different forums or boards, accounts for union busi n ess, accounts for contract research that I've done for 35 years, accounts for consulting jobs, accounts for family and several others for other pursuits, jobs, etc. All are anonymous to some and none are totally anonymous.
Also some of the emails were sent by actual people not even connected with New Jersey. At first, State Steward Mike Swain publicly accused an innocent person of being the author and he still doesn’t have the investigation right. It is right out of Inspector Clouseau; it took Swain 3 months to determine that the 14 emails from 2 people (he still hasn't found the third person or fourth account) that over a dozen people saw right away and even discussed in the forum. Then he still got it wrong. To this day, he still doesn't have it right even though I deliberately left enough bread crumbs to engorge an elephant. All they had to do was ask me, but even to this day, no one has. So much for the investigatory prowess of the NJ RLCA.
I don't know what will happen when my union sues me this time except that I know that a union cannot lawfully sue a dues paying union member simply as a matter of law (something the officers of the NJRLCA don’t seem to be able to grasp). Last time, fifteen years ago I was much younger, much healthier and more sure of myself. I was fortunate in that the result was to have the DOL monitor a rewriting of the State C&BL, conduct a DOL supervised election, suspend two elected board members/stewards from union participation, to have a National officer and DOL representative babysit that board for nearly a year and that within a year all the elected board officers were gone including some who only just stood by and let things happen and genuinely believed that the state was acting properly, National required a state b y state review of election procedures, of state C&BLs and a review of officers legal responsibilities state by state. I hope that I have enough p*ss and vinegar left !
for one
more crusade.
Since that time, the current officers have been year by year rewriting the Constitution and Bylaws; eliminating such provisions as term limits for officers, board oversight over appointing assistant state stewards and a host of other really problematic items. There are numerous conflicts with the National C&BL and there are a few items that are not legal. They should have been much more careful when they chose to play lawyer and draft language since the C&BL require things not intended, and prevent things that are regular practice. They should have never tinkered with the C&BL!!!!!
Frankly, I was personally unaware of the veracity of some of the things that were posted and they were posted as satirical comments because they were clearly satirical and only an idiot would think that a state officer could actually submit requests for a union furnished Cadillac. Even my wife, an elected officer, didn't know it. Lo and behold, since that time both the officer and the president have confirmed the story. The officer was highly agitated that a Cadillac or a Lamborghini was mentioned when he said he only requested a Union provided Chevy or Ford. In other emails he confirmed that it was discussed at board meetings but that he did not request it (Yeah right! the NJ board felt the need to force a car on Swain; is there really anyone who would be lieve that) and in other emails he flatly denied the request but still made a spirited justification for him to have a union paid car. I was also a long time state steward and had identical requests made to me from the ver!
y same
person to submit for board approval for a union paid car. Many of the “shopping items” I rejected as state steward because I felt they were unnecessary, too expensive or just didn’t make sense, the board has subsequently approved and purchased for the current state steward
I could easily have used accounts with completely anonymous IPs for the 14 emails that were sent out but then the union dragnet could have caused mischief for some of the current officers/stewards, past officers and stewards and rural craft employees who also contributed information that was used. I deliberately chose to use a transparent subterfuge so that innocent people would be protected from being victimized, threatened, and terrorized by retaliation. My interest was to protect others from retaliation and heartache from the Union that represents them and who's salaries, expense accounts, toys, hotel bills in a state that is not more than 200 miles from any point to another, then it is better that they sue me then some other carrier or sub that still believes Unions are to protect and represent them. I will continue to shield anyone contributing material to me from exposure and retaliation. They will not know who told me or be able to identify what was told to me EVER!
Although some know me as Hierofont or Statestew. I had literally not posted on Rootsweb for more than five years and so most would not have known me at all. If I had posted as Hierofont, those that knew me would have assumed my authorship and it would have been worse for the people who are now upset. For those who were aware of my identity since May of 2007, I was not anonymous and for all of those many who knew and communicated with me that some of the emails were posted under a pseudonym and that said pseudonym would be only short lived and would be fully disclosed within six months, thank you for waiting for my full accountibility. On two accounts and internet posts from two screennames disclaimers specifically said that it was a pseudonym of short duration. Two of the internet accounts freely stated they wer e posting using a pseudonym without disclosing temporarily their real identity. It couldn't have been more plain and yet it took 3 months of investigation by State S!
teward
Swain to get it completely wrong and then now just mostly wrong.
You see, State Steward Swain responded to the emails he complained about and made some startling admissions (a fact that was never shared with the state board and which would have answered the question about the source of much of the material that was used in the emails). Thankfully I had safe guards in place when two specific Email accounts that were used only for Rootsweb posts were hacked, copies of emails sent and received were deleted/looted and the accounts rendered inaccessible. Two other accounts used only for posting on the rural forums and owned by other people was accessed and searched, but no files were disturbed and the accounts are still usable. Fortunately, I had most of the appriximately 14 specific records in multiple archives and placed them into a secure archive that has a multiple step security procedure and is as hackproof as I can make it. I also had and continue to have security surveillance in place to detect, record and document but not to block unau!
thorize
d intrusion. I still have those emails!
There is a whole new passel of official NRLCA lurkers now watching Rootsweb for postings that may or may not be me. They are scrutinizing any and all suspicious Emails to try and track what I write. For about a month now I have been just simply cross-copying them with each Email to save state and national dues paying members from having to spend so much union money sneaking around to see what I am writing and hopefully to save on use of union equipment and maybe they can read my emails at home so they don't have to spend so much time at board meetings reading what I write. I have been doing this so every posting to Rootsweb concerning this continuing saga has all of the NJRLCA officers interested under BCC (Blind cross copy) more or less as a public service to save union money. Any officer/steward not subscribing to Rootsweb can notify me for inclusion on the BCC lurker list and I will add their internet address to the BCCs.
There is a whole lot more to this story and I will be sure to keep you updated with future items such as possible fiscal malfeasance, possible conflicts of interest, possible falsifying of reports, obsessive secrecy of NRLCA meetings and to possibly intentionally hide any disclosures of what the NRLCA is doing even if it is possibly illegal. For those not so interested, I will be sure to make the heading clear so that each chapter of the whole sorry affair can be deleted by Rootsweb subscribers who are not interested.
Remember though, I am a retired officer/steward and what is happening to me can easily happen to anyone else if the union people in your state decide to chuck responsibility, possible liability and legal and organizational impediments and decide to go after you simply for what they think you wrote in private.
For all the secret back biting they are doing such as private responses to subscribers on chat forums, the nasty little campaign of whispering behind backs and the elaborate conspiracies to target me and punish people they think are halping me; I am writing in public and sending them copies of what I am publishing. I am saying what I am saying publicly and I have years of material.
Oh and be sure to watch for a possible surprise, whopping dues increase sometime in the near future from New Jersey. I'll also possibly discuss this at some length.
RURALC...@ROOTSWEB.COM MAIL LIST.
FOR DISCUSSION OF POSTAL AND RURAL CARRIER RELATED SUBJECTS.
STEWARD CONTACTS
http://www.nrlca.org/stewards.html
NRLCA CONTACT INFO.
National Rural Letter Carriers' Association
Fourth Floor
1630 Duke Street
Alexandria, Virginia 22314-3465
Phone:
703-684-5545
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