In 2015 something happened that shocked the members. What was it? It was the outcome of the Executive Board Election. This was Eugene Cerbone’s second term as President. What was shocking about it was that every person that Cerbone endorsed Won and they all averaged 300 votes. This was at a time when the majority of members were upset with his contract take aways, giving up the retroactive muster pay, selling out the new guys with a 18 year longevity pay and getting nothing for the members but a cookie cutter contract. Although that was shocking something very suspicious occurred as well and that was the ballot boxes were picked up days early, stored in the DSA office where the blank ballets and envelopes were kept along with the keys to the ballot boxes. Since that day, every election the ballot boxes were picked up early and everything Cerbone wanted passed and if for some reason it did not pass, then he conducted another vote until it past.
A large group of members wanted this stopped because if it wasn’t how could we ever have a fair election. Several times I had discussed this and requested that it be stopped. I even sent a formal request by email to stop the early ballot box pick up, but those requests were ignored. Since our DSA President was not stopping this practice, we only had one remedy left and that was to let a judge decide if it was right or wrong. On April 7 2017, we filed a lawsuit against two special elections pointing out all the illegal violations, bylaw violations and lack of security of the ballot boxes.
The next step of our plan was to file a Exparte Application for a Temporary Restraining Order. In a civil case like this to get a TRO you must first have filed a civil complaint, which we did described above. Secondly in order to get a Temporary Restraining Order their must be a reoccurring problem, which we had consistent early ballot box pick ups We brought this issue before the court.
The judge denied relief in relation to having re-election, but that was okay with the coming elections that was not our objective. Our objective was to STOP the early ballot box pick up. The judge recognized and agreed that they early ballot box pick ups was wrong. The judge asked that the DSA attorneys make an agreement with our attorney, so we agreed to a 3 hour pick up starting at 1300 hrs., myself or a neutral party will watch over the ballot boxes as they arrive and shop stewards will be allowed to pick up the ballot boxes.
In typical Cerbone fashion, Cerbone wrote a letter to the members misleading them to believe that he fought for the members and the DSA Attorneys fought for the members stopping this lawsuit. Let me show you what they fought for. You will see a couple pages from their declaration statements and responses. In these documents you will see they were fighting to continue with the Early Ballot Box pick up practice. Not only did they do that, but Cerbone admits that he is using Executive Board Release time for Executive Board members to pick up the ballot boxes which is a violation of our Collective Bargaining Agreement. Violating and misusing the Executive Board Release time can open up a lot of new problems such as the configuration of the Agency Shop Fee but we will look into that later.
Let’s take a look at the last page of Cerbone’s statement. This is his “fight” for the members to have fair elections or is it his fight for continuing manipulation?
And here is the DSA Attorney fighting to continue Early Ballot Box Pick Ups.