Dear
Brothers and Sisters:
United
States District Judge Patrick J. Duggan has denied the motion filed by Grand
Lodge to dismiss the Department of Labor’s complaint concerning unlawful expenditures
by President Fleming, Secretary Treasurer (currently acting President) Simpson
and Vice President of Canada Deptuck in the 2002
elections. The U. S. Department of Labor filed a complaint on
The
Grand Lodge Officers have met and decided to pay lawyers from the BMWE General
Fund to fight these allegations. In their motion to dismiss, Grand Lodge
claimed that the Department of Labor has no jurisdiction over the Union
elections and further deny each of the allegations. Grand Lodge alleged
that the claims filed by Jed Dodd and Gary Housch
were not timely filed with either the BMWE or the Department of Labor.
The Court rejected these arguments, finding that the complainants properly
presented their protests to Fleming and then to the Department of Labor in a
timely manner. The Court also found that the claim as to Simpson’s unlawful
expenditures was alleged in the original complaint and
is properly a part of this case.
Judge
Duggan also ordered an expedited schedule for handling this case, with a trial
to take place in September or October of this year.
Attached
for your information is a copy of the Court’s
scheduling order and a copy of the opinion and order denying Grand Lodge’s
motion to dismiss the case.
In solidarity,
Jed Dodd
Click here to access Judge Duggan's February 3, 2004 Opinion