Wednesday, September 13, 2006

Here Comes The Judge

ORDER No. S-063934
IN THE SUPREME COURT OF BRITISH COLUMBIA
Between:
Pat Haggarty, Len Embree, Ken Lippett, Randy Smith,
Don Pengilly, Eugenio Zanotto, Mike Lang,
John Starkey and Bill Duck
Plaintiffs

And:
Tony Heisterkamp and Frank Nolan
Defendants

ORDER
Before: The Honourable Mr. Justice D.F. TYSOE
Tuesday, the 11th Day of September, 2006

THE APPLICATION of the Defendants for a mandatory Injunction coming on for hearing at Vancouver, BC, on the 11th day of September, 2006; and on hearing G.F. Culhane, counsel for the Defendants, A.D. McDonell, QC, counsel for the plaintiffs; and on reading the material filed:

1. This court Orders that the Plaintiff members of the Executive Board of the British Columbia Provincial Council of Carpenters shall comply with the Constitution of the union by holding the annual Convention of the union at a date not later than 90 days after the 25th of July, 2006, at a hotel in Vancouver subject further, to the following conditions:

2. The Plaintiff Len Embree or his nominee shall call a meeting of the Executive Board forthwith upon service of the Order in accordance with the Constitution.

3. That all parties shall have liberty to apply.

4. The Secretary of the Union, the plaintiff Pat Haggarty or his nominee shall issue the call for a Convention in accordance with the Constitution.

5. The matters to be considered and disposed of at such Convention shall include the resolutions communicated to the Executive Board by the Statements of intent of the Local trade unions set out as Exhibit C to the Affidavit of Tony Heisterkamp filed herein.

6. Cost shall be in the Cause.

BY THE COURT

Entered Sep 12 2006 Vancouver Registry

====================
The Injunction June 22, 2006
2006 BCSC 1033 Haggarty et al v. Heisterkamp et al

33 comments:

Anonymous said...

five years to the day the twin towers fell we won the court battle that will bring down the boys in the ivory tower on kingsway. thank you Judge Tysoe

Anonymous said...

hey boys the bell tolls for you !!!

Anonymous said...

Well this is the only way that the members of the union can have a convention,it is a real shame that we have to go to court force len and pat to follow the contitution. they just love to waste time and money so they can sell us out to the cep

Anonymous said...

Provincial Council has no money. No money - No convention. Simple as that. Unless Judge Tysoe wants to pony up.

See you later you losers.

Anonymous said...

let me figer ot landslide randys resoning. iget caught but bcause i cant pay the fine thats ok allis fergiven.

ps what is visiting hour at matsqui

Anonymous said...

So brothers it is the first business day after the convention.
Did sucking up to the international controlled locals like 527/Nanaimo, 1370/Kelowna,
and FT ST John School Board work as a tactic to torpedo the BC Provincial Council?
Was Fred Brown from Nanaimo sober long enough to vote?
Did FT St John and Kelowna vote as instructed by the international?
Will the truth finally be revealed that all Nolan and Hesterclac have is an irrational all-consuming PERSONAL hatred for Len Embree and Pat Haggarty?
Is being an international cocksucker worth a $50.00 Milwright Jacket?
All these questions and more will be answered the day after.

Anonymous said...

The real question is why Pat and Len failed to follow their own constitution, they cancelled the convention twice, the first time to allow certain locals to submit opposing resolutions to the ones that they received for the first convention call. The second one because they didn't want to face the delegates. You know the longer you wait the worse thing will get.

Anonymous said...

IT is TIME for a CANADIAN SOLUTION. What does the international hope to accomplish? Well I know that it really wants my dues. I have enough of the international and small mined Locals that just want to keep their power.

Anonymous said...

IT is TIME for a CANADIAN SOLUTION. What does the international hope to accomplish? Well I know that it really wants my dues. I have enough of the international and small mined Locals that just want to keep their power.

Anonymous said...

Open letter to Patlenkenrandydoneugeniomikejohnbilljan and the Cole boys.

I thought I would let you know
"IT DOESN'T WORK ANYMORE"
"YOU HAVE BEEN EXPOSED"
the scare tactics, personal slights, International Boogy man Bullshit, just doesn’t work anymore. Remember you are talking to and about the people that got us this far we are the ones that signed the cards we fought this fight. Before you sold our souls for dues to the CEP and Jobs with fat salaries for yourselves. We all know we are free to operate as an autonomous Canadian Union without the International in BC the Labour Board has made that perfectly clear. We the Membership and officers of the (as you put it) “small minded locals” are not stupid enough to let you hijack what we have fought years for, to hand over to some other task master like the CEP. Run by the new king Coles, serviced by appointees that are the likes of you SCUMBAGS!

Sober enough response for you.

Anonymous said...

The majority of members of CMAW will have voted for affiliation with the CEP by next week. Hey all you guys who do not want too to affiliate.The council is broke, has no income coming in,has no strike fund has no paid staff etc.what happens when most of the members are gone?

Anonymous said...

no income? all are contractors have not been signed to cmaw. so were is the money?

Anonymous said...

so when landslide randys toadys merge with cep, that will be less members to dispatch to the companys that decide to stay only with cmaw

Anonymous said...

this is not up to contactors,it is up to CMAW when and who they merge with. CMAW E board has already voted to merge see ya later losers

Anonymous said...

one thing is for certain the contractors are not going with crazy geoorge and tony heisterclac

Anonymous said...

Finally a comment sense solution merge with CEP now that makes sense. Canadian Union with a track record for fighting for it members.

Anonymous said...

aye, hurray for the cep, cmaw is so screwed uo they signed drivers to themselves. screw the carpenters

Anonymous said...

the cmaw e-board never voted to merge, the members voted to affiliate not merge. why merge if you want to be a cep member just go join, drop out of the bc carps, bail out of cmaw and just take your own membership and fuck off!

we can be a canadian union without the cep, we need to build trust between the bc carps and the cep, the driver agreement was a piss poor start.

Anonymous said...

what I don't understand is when the membership voted to accept the deal. Did they not.

And now the majority of the membership has voted... what are you against....

Anonymous said...

Before you go jump in bed with the CEP, you might want to check their financial statements. They are broke, yep nearly right out of money, they need the extra dues money from CMAW and the BC Carpenters, just ask Brian Payne, Dave Coles or Fred Wilson.

Anonymous said...

Boy o' boy things sure have gone sideways. I don't know how we can ever get back on track to being an independant autonomous Canadian union when the CEP seems to have their fingers in the pie. Its also bizarre that some REPs are eager to vote their members in a merger vote while the majority have refused. Some solidarity huh?

I believe that we should take a step back. Now that we are pretty much done with the International and are just waiting for the divorce settlement we should be celebrating the achievement. We should be getting our Constitution worked out and voted on. We should be sorting out our financial needs, setting goals, initiating results based organizing tactics. Instead there seems to be nothing but disarray at the top.

No. The CEP/Coles have to be stopped - Pronto. Its time for our leadership to suck it up and lead and quit the petty politics.

Anonymous said...

Right on brother! you should be the CMAW presicent, some real leadership - not just a guy who takes his marching orders from the cep and Dave Coles

Anonymous said...

The membership of local 1995 voted 90% in favour of affiliation with the CEP in mailout ballot

Anonymous said...

How many ballots were returned? 90% of what? I hope it was thoroughly explained how much their dues would be going up.

Anonymous said...

everyone was mailed out a copy at least once

Anonymous said...

how many ballots were returned?
and how many times did randy count them?
All 1995 presidents and those that run for president get a job with the CEP, good job at selling out your members randy now go lie by your dish.

Anonymous said...

randy, you are truly an idiot.affiliation is not the same as merge. now go have another epiphany.

Anonymous said...

QUESTION?
How do you achieve full emplyment in Loco 1995 and i do mean LOCO.

ANSWER:
You get every one to run for the President position and the CEP hires every one, just so Randy can win.

Anonymous said...

THE COST OF CEP AFFILIATION(read MERGER):

So the CEP wants to charge each Local 9/10th's of 1% of the hourly rate for all hours worked per member per month. SO - lets say Local 1995 members worked a total of 1,500,000 hours in the last calendar year. Pick a ball park hourly wage - say $30.00 per hour then do the math.

Local 1995 must pay into the CEP coffers a total of $405,000.00 per year. Presumably Local 1995 would still want to run their Local so where will the money come from. You guessed it - UP GO YOUR DUES!

Now ask what ever happened to the monies earmarked for our provincial strike fund through the collective agreement. Guess what -CMAW has decided to grab it and stick it into the general account.

What is happening here?

Anonymous said...

Everything goes up, I woould pay more than I am now just to know the International is not a part of my life.
90% is 90%, sort of says it all,
bullshit walks

Anonymous said...

The International is history - its not part of your life if you are with CMAW. We don't need the CEP affiliation for Canadian autonomy but the CEP needs CMAW to grow their Union in construction.

CEP is just a waste of money along with the fact that you are selling your souls.

I wonder what Angelo Marchetta and Randy Smith get out of this? I'll leave it to your imagination if you ever develop one.

Anonymous said...

I read somewhere on this blog that the unions share of unionized construction including Building Tades,C.L.A.C. and R.A.T. hovers between 15-20%.
(I know what C.L.A.C is but what is R.A.T.)
If we become part of a nation wide construction union by affiliating with C.E.P.I can only see good things for me.
I went to Ft Mc a couple of years ago and was treated like shit by the local there.

Anonymous said...

i'm curious? how can local 1995 know that 90% of its members voted for the CEP merger? was the vote not a secret vote there?