We see below the legal arm of the UN tasked with providing legal support for those citizens in International Economic Zones no longer SOVEREIGN CITIZENS. We see in FDR's time the ILO was social democratic in its involvement of rebuilding economies in war-torn Europe and it was a real advocate for displaced people. It's goal was to get displaced people home and make sure their nations' economies were functioning and hiring. Since REAGAN/CLINTON and neo-libealism------the ILO is working for the human capital logistics needed for International Economic Zones turning a blind eye to what is happening with workers. This took the ILO global no longer supporting national economies but undermining national economies for global corporations. A Chinese citizen inside an International Economic Zone has no Chinese sovereignty---he/she falls under the UN 'protection'. Malay citizens in International Economic Zones in Malaysia are not sovereign Malaysian citizens-----they fall under the UN 'protection'.
THIS SAME STATUS IS COMING TO US CITIES DEEMED FOREIGN ECONOMIC ZONES.
We described how massive these zones are and that counties and states surrounding these zones will see their citizens pushed to move inside these zones---TO BUILD DENSITY. Black, white, brown citizens will have to move there because rural economies are going to disappear. All these US citizens will then fall under the UN for 'protection' and will not be sovereign citizens of the US.
This week on a Baltimore City bus downtown I heard two US citizens talking about work----one says----WE WORKED A WHOLE MONTH AND NOW THEY SAY THEY ARE NOT GIVING US A PAYCHECK. Sound familiar? That is what happened to those global labor pool workers in QUTAR. Probably the same global construction corporation so it has already started in Baltimore.
This does not stop at low-wage workers----blue-collar worker----immigrant workers. White collar sweat shop labor has the same workplace conditions and have no SOVEREIGN RIGHTS either.
Below we see who has been appointed head of UN for decades-----
Secretary General Ban Ki-moon former South Korean leader. South Korea has been hyper-neo-liberal International Economic Zone for several decades so this UN leader works to expand ONE WORLD----TRANS PACIFIC TRADE PACT.
THERE IS NO FDR SOCIAL DEMOCRATIC IDEAL OF LABOR AND JUSTICE IN THE UN TODAY----WE DO NOT WANT THIS AS THE ONLY ACCESS TO LEGAL JUSTICE FOR THE AMERICAN PEOPLE.
The Secretary-General was born in the Republic of Korea on 13 June 1944. He received a bachelor's degree in international relations from Seoul National University in 1970. In 1985, he earned a master's degree in public administration from the Kennedy School of Government at Harvard University'.
The Korea-US FTA is the consummation of the forward march of neoliberal globalisation since 1980. This Korea-US FTA, and other FTAs, are at the heart of neoliberal policy. This becomes even more the case as common people continue to face greater hardships ensuing from neoliberal globalisation. The consequences of the Korea-US FTA will henceforth have a decisive impact on the path of the Korean economy. At present, the Korea-US FTA needs only to be ratified by the National Assembly. Now it is vitally important to focus effectively and build the strength of the mass movement, which has gone on now for over a year, and to use the presidential and general elections as a new opportunity to move the political topography in a more progressive direction.
The ILO: An Agency for Globalization?
The International Labour Organization, set up in 1919 to develop and promote
labour standards, is at a crucial point. It has preached that labour is not a
commodity and in 1969 received the Nobel Peace Prize. Since then it has run
into trouble. This article considers how the ILO has failed to come to terms
with the Global Transformation, seeing it as trying to play three roles — a
standard-setter, a technical assistance agency and a knowledge generator --
without developing the professional capacity to do so. The big question is
whether the ILO could become an effective development agency given the
changing character of work and labour in globalizing labour markets and its
antiquated governance structure.
The International Labour Organization (ILO) was set up in 1919 to raise
labour standards around the world, and in 1969 received a Nobel Peace Prize.
Each June, over 3,000 delegates from 180 member countries assemble for
the International Labour Conference (ILC) in Geneva, where they consider
sundry labour and social policy matters for two to three weeks. In recent
years, the ILO has struggled to retain relevance in the era of globalization.
It has tried to become a leading development agency, and has also tried to
restructure itself to become a knowledge agency, while remaining the world’s
labour standards setter. In spite of these efforts, the question remains whether
it can succeed in becoming a credible professional body capable of forging
an effective social response to globalization.
In effect, the ILOwas established as an instrument to embed the economy in
society, and was part of the second phase of what Karl Polanyi was to call the
Great Transformation. It was designed to respond to the crisis of what some
scholars have described, misleadingly, as the first period of globalization.
Whereas the main challenge today is about the emerging international labour
system, Polanyi’s Transformation was about the forging of national markets
in the pursuit of a market society, and in that context the ILOwas a mechanism
for shaping regulated national labour markets.
Without saying as much, the ILO stood for
a model of national welfare capitalism, in which standard employees would
be treated decently and protected, in return for their accepting the employers’
‘right to manage’ and their ‘right’ to make and retain profits. Above all, it
stood for tripartism, espousing organized collective bargaining at national
and sector levels.
Here is where all those global corporate law firms and lawyers go to work----they work inside International Economic Zones and when a corporation feels a victim of civil or criminal actions this is the global corporate tribunal court. These will become the only court system operating in the US as the structures for sovereign citizens will no longer exist. Obama and his US Justice appointments Holder and Lynch see only this international law and the terms for labor and justice written into global treaties----NOT OUR US CONSTITUTION, BILL OF RIGHTS, SOVEREIGN RIGHTS OF NATION, STATE, OR CITY/COUNTY----EVEN THOUGH ALL OF THE ABOVE STILL EXISTS AND RULES THE LAND.
If citizens have homes lost to fraud----pensions stolen through fraud----workers have their wages stolen----black citizens face police abuses----NONE OF THIS IS OF INTEREST TO THESE GLOBAL TRIBUNAL COURTS. What we will see as I said is the primitive JUDY JUDY setup where the 99% stand before a judge with petty civil or criminal cases against another 99%.
We spoke earlier about Congressional laws taking away our rights to know a charge when jailed----our rights to due process---and how knew laws are allowing police and social workers assign US citizens to what we call forced labor camps----re-education; rehabilitation; forced labor without any trial. That is where CLINTON/BUSH/OBAMA HAVE BEEN GOING AND IT IS WHAT 'MOVING FORWARD' POLICY IS ABOUT.
When a labor or justice organization or leader allows only establishment candidates in Democratic primaries tied to Wall Street Baltimore Development and Johns Hopkins----this is what they are working towards. THE 5% OF THE 1% ARE OFTEN POSING PROGRESSIVE IN BEING ADVOCATES FOR THE 99%.
This is when the only law degree needed is international law and foreign legal teams simply take a bar exam for a global law degree used in all International Economic Zones in the US. No knowledge of sovereign constitutional rights of WE THE PEOPLE needed.
Dispute Resolution in the Global Economy
Global investment trends are causing a significant rise in international arbitration cases. FTI looks at the factors that contribute to success in this little known world.
When ConocoPhillips invested in major heavy-crude projects in the Orinoco basin, no one expected that Venezuela would subsequently restructure its entire energy sector, nationalising the assets and denying the company its anticipated return. Nor could they have predicted the protracted dispute that ensued, a complex arbitration with a $30 billion claim at stake.
This may be a striking example of international investment gone wrong, but three factors are contributing to an increasing number of companies having to engage in disputes abroad. First, today’s global economy demands greater participation in foreign markets, sometimes involving investment into those markets; second, these foreign markets often have dispute resolution processes and practices unlike those that companies are familiar with in their domestic markets; and third, many cross-border investments are protected by international treaties that stipulate that any associated disputes will be resolved via a particular form of international arbitration.
Success or failure – should arbitration be required – depends on a number of factors: the governing law, the seat of arbitration, and the legal precedent or contractual mechanisms for defining and calculating damages specified in the arbitration clauses of contracts or investment treaties. Company executives and boards of directors would be advised to treat arbitration clauses that establish the protocols for resolving commercial disputes as key business terms and to familiarize themselves with processes of international arbitration.
The confidential nature of arbitration means its practices are not widely known.The statistics speak for themselves. There has been a steady rise in international arbitration during the past 20 years but the current climate marks a spike in new cases, sparked by the prolonged global economic crisis. At the London Court of International Arbitration (LCIA), new claims filed increased by 55% between 2007 and 2008, and again by over 14% in 2009 to 243 cases. Statistics from the Paris-based International Chamber of Commerce (ICC) and the Swiss Chambers’ Court of Arbitration and Mediation (SCCAM) tell the same story. ICC new cases increased 11% in 2008 and a further 23% in 2009, to 817 new claims. New SCCAM claims rose 15% in 2008, before leaping 53% in 2009 to 104 requests for arbitration (the majority of which involved non-Swiss parties). The Dubai International Arbitration Centre reported a doubling of cases in 2009 compared with 2008, as the economic crisis finally caught up with the Middle East. Similar trends have also been observed in Asia. In response, major law firms around the world are expanding their specialist teams to cope with the demand and relocating arbitration specialists to emerging economies and centers of arbitration, principally in the Middle East and Far East.
What Is International Arbitration?
International arbitration is often used instead of litigation conducted through domestic courts when resolving cross-border commercial or investment disputes. These disputes are often large and complex, and the amounts in dispute regularly run into hundreds of millions or even billions of dollars. According to statistics from the LCIA, 25% of the claims filed with it in 2008 included damages claims valued at more than $5 million. The ICC reported a sharp rise in the number of high-value claims in 2008, with 31 new filings for damages of more than $100 million and four for amounts in excess of $1 billion.
National laws are of limited relevance to warring parties from different jurisdictions, with their contrasting legal systems and procedures. As a result, international arbitration operates beyond national borders, where parties have significant influence over the identity of their arbitrators, can often choose in advance the law and procedure under which any cases will be heard, and can agree to convene in a neutral venue.
Unlike litigation, there are no judges, juries, public courtrooms, or intrusive media. There can be limited formal procedure, and extensive discovery and electronic discovery are rare (in contrast to jurisdictions such as the U.S.). Instead, arbitration is flexible, decisions are often confidential, and cases, in principle at least, are cheaper and quicker than litigation in courts of law. The confidential nature of arbitration means its protocols and practices (which can vary between different arbitration forums) are not widely known and there are comparatively few legal and subject matter experts who are familiar with the ways in which particular issues have been treated.
An arbitration panel can consist of a single arbitrator. More commonly, and certainly for the larger disputes, the panel typically consists of three people – one appointed by each party, and a chairman selected by the two party-appointed arbitrators. The arbitrators may be selected for their expertise in specific areas of law or industry (greater specific expertise than might be the case with a trial judge assigned to a case), depending on the issues. Getting the right chairman can also be crucial given the need to manage the complex procedure adroitly and, as a result, the world’s top arbitrators are in high demand. In practice, given the calls on the leading arbitrators’ time, assembling a three-person panel for procedural rulings, hearings, and preparing judgments can add significantly to the timetable for resolution of the dispute.
Despite arbitration’s less formal structure than traditional court proceedings, awards are binding and typically easier to enforce internationally than court judgments. This is due to mechanisms embedded in the international treaties underlying the main types of arbitration.
Commercial Arbitration and Investment Treaty Arbitration
There are two main types of international arbitration. Commercial arbitration has close parallels to litigation. Cases arise when the parties to a dispute have a pre-existing agreement, often enshrined in the contract giving rise to the dispute, to settle any difficulties by arbitration rather than litigation. The parties to commercial arbitration are mostly private companies and, to a lesser extent, state-owned enterprises.
Investment treaty arbitrations on the other hand arise out of one of the various existing investment treaties. Some such treaties are well known – the North American Free Trade Association (NAFTA) treaty being the best example – or have recently risen to prominence, such as the Energy Charter Treaty (ECT), under which Russia faces claims of many tens of billions of dollars from former investors in the Yukos Oil business.
Many of this second category of disputes, however, arise out of Bilateral Investment Treaties (BITs), under which pairs of countries have agreed to reciprocal obligations toward investors from each other’s jurisdictions. There are as many as 3,000 such treaties in existence. Some international investors have made investments via subsidiaries established in countries other than the parent’s jurisdiction but which are considered to have more favorable BITs with the investee country than the parent company’s jurisdiction. Little known to the public, BITs are also attracting attention for two reasons. First, due to the increasing number of claims they generate – seven new investment arbitration cases were registered each year with the International Centre for Settlement of Investment Disputes (ICSID), the main institution hearing such claims, on average between 1995 and 1999, compared with 26 new cases a year on average between 2005 and 2009. Second, due to the size of some claims and awards. FTI’s International Arbitration team was recently involved in a claim pending against a South American government worth up to $12 billion and also in an award of more than $125 million – the largest made by the ICSID Tribunal to an individual claimant – against a Middle Eastern country in connection with an expropriated leisure development.
Arbitral bodies are raising their profiles in developing regions.
Venues for Arbitration
Arbitrations are organized by a number of institutions. The Washington-based ICSID hears the majority of investment treaty disputes, including most BIT disputes, as well as ECT and NAFTA disputes. The leading commercial arbitration bodies include the ICC, the LCIA, and the SCCAM. Arbitral bodies are raising their profiles in rapidly developing parts of the world – for example, Dubai’s DIAC was established in 1994 as the “Centre for Commercial Conciliation and Arbitration” (the LCIA opened in the Dubai International Financial Centre to operate free from influence of the local government). And others are forming – for example, a new arbitration institution has just been announced in Australia. Arbitral institutions each have their own procedural rules, and their secretariats coordinate the selection of arbitrators and the handling of cases.
The proportion of cases handled by Western-based arbitration bodies has fallen.Unlike litigation, hearings can take place at locations selected by the parties, not necessarily in the country of the arbitral institution. Although many ICC hearings are heard in Paris, they are also held in London and other cities. Popular cities for conducting hearings generally are New York, Washington, London, Paris, Vienna, Geneva, and Stockholm – locations perceived as neutral, well resourced, easily accessible, and attractive to parties and arbitrators alike.
The Appeal of Arbitration
A major factor in the growth of international arbitration is neutrality. It’s one thing to bring a claim for breach of contract in one’s home jurisdiction, it’s quite another to tackle the laws, language, and perceived limitations of foreign jurisdictions. This is particularly challenging in the developing world, where legal systems and legal precedent may be at earlier stages of development, and where dispute resolution may be more susceptible to political or other influence.
If the contract is with a national government (or equivalent), resolving the dispute locally may be particularly problematic given the potential immunity issues and enforcement challenges. If relations with a foreign party turn sour, no multinational would want the other party to have “home advantage.” In one recent case involving our experts, a contract between a Japanese supplier and an Indian sales and marketing company contained a dispute resolution clause stipulating arbitration in London through the LCIA.
What Are the Trends?
As the table on page 39 shows, the total number of new international arbitration cases across a representative set of major arbitration forums fluctuated in the range 2,100 to 2,400 between 2000 and 2005. The number of cases began to rise in 2006 (+11%), ahead of the credit crunch, and accelerated in 2008 (+19%). On the basis of the available statistics, this trend appears to have continued in 2009. The increase has been observed across nearly all forums but the proportion of cases handled by Western-based arbitration bodies has fallen steadily from a high of around 62% in 2003 to around 55% in 2008.
We expect this drift towards Middle and Far Eastern arbitration centers to continue, in part because of the relocation of some resources to these regions by leading law firms, increasing their ability to handle such disputes locally rather than in the European or U.S. arbitration centers. We might also expect most of the major disputes to continue to be handled by the Western-based bodies, at least in the medium term, given their greater experience of such cases.
Historically, many investment treaty cases have related to large infrastructure investments in utilities and disputes over natural resources. In 2009, 25% of all ongoing ICSID cases related to oil, gas, and mining, with disputes relating to electricity and energy generation (13%), transportation (11%), and water and sanitation (8%) also prominent. Commercial cases also often relate to natural resource issues – for example, in 2009, around 30% of LCIA referrals related to commodities contracts, presumably fueled to a certain extent by recent volatility in commodity prices.
In 2009, 25% of all ongoing ICSID cases related to oil, gas and mining.It is tempting to ascribe the recent surge in claims solely to the global economic crisis, with the total number of cases falling off once economies and companies recover. However, the underlying economic trends may suggest a different view. One illustration of the scale of investments, and hence the potential for cross-border disputes, is the Foreign Direct Investment (FDI) dataset compiled by the United Nations Conference on Trade and Development.
The tables below and left set out FDI statistics for developing economies globally and transition economies (the latter term refers to the former Soviet Union and Central and Eastern Europe). They show investments in enterprises (via equity, loans, and retained profits) both on an annual basis (“flow”) and the estimated cumulative total (“stock”). Inbound and outbound investments are shown. Many of the investments in enterprises in developing and transition countries will be in strategic industries potentially exposed to expropriation by governments, or to unexpected revisions to regulatory, fiscal, or tariff regimes. Other investments will be via joint ventures with a local partner. The FDI statistics therefore provide a guide to the scale of the exposure to cross-border disputes under both investment treaties and commercial arbitration.
The growth in both annual flows and the cumulative stock of investments, since 2000 in particular, is clear. This recent body of investment could prove significant for future levels of international arbitration as recent LCIA statistics indicate around 30-40% of new cases each year relate to contracts signed between seven and 10 years earlier. Importantly, these data exclude contract-based arrangements such as agency agreements, distribution agreements, and intellectual property licenses. We would expect these forms of cross-border commercial arrangement to increase over time as developing countries mature, and the services component of their economies grow along with the demand for Western goods and services. The potential for future cross-border disputes may therefore be even greater than suggested by the FDI statistics.
Although international arbitration is often thought of as relating to investments by North American or European parties in developing economies, the growth of outbound FDI by the emerging economies themselves is also significant (such as recent commercial investments announced by Chinese and Middle Eastern investors and sovereign wealth funds in various African countries). We would expect this trend to continue as these territories’ share of the global economy grows.
It is important, as well, to recognize that the future of international investment treaty arbitration is not solely about emerging economies. For example, in 2009, Swedish power generator Vattenfall brought an ECT case against the Federal Republic of Germany. The action also illustrates the possibilities (and the complexities) presented by the different strata of national laws, regional law (such as European law), and international law such as the ECT.
Commercial cases have historically been more diverse in nature than investment arbitration, arising from disputed contracts across a wide range of industries. FTI experts have recently been involved in commercial disputes in mining, construction, hedge funds, telecoms, chemicals, and ports. In the current economic climate, disputes arising out of troubled M&A deals are particularly widespread. Commercial disputes are pursued through arbitration, rather than through the courts, only if both parties have assented via an arbitration clause in their contract or at the time the dispute arises. Accordingly, certain types of claims, which do not rest on an underlying contract, are less frequently arbitrated. Such claims include patent infringements, most antitrust claims brought by companies, and many product liability claims.
In response to this complex picture, many leading international law firms are increasing their commitments in selected markets. For example, law firms have reinforced their local presence in Hong Kong in response to the rapidly rising number of cases in the region. However, the level of resources based in Asia is still less than in Western cities.
An informal review of law firm websites confirms that despite the recent relocation of international arbitration specialists to the Middle East and the Far East, firms continue to concentrate the large majority of their practices in traditional centers such as New York, London and Paris. Although the strategies vary, it also appears that the leading UK law firms have moved somewhat faster than their U.S. counterparts to establish international networks of arbitration practitioners.
The Shortcomings of International Arbitration
Of course, international arbitration is not without its detractors. While its flexibility and limited discovery – certainly compared with U.S. norms – should mean shorter hearings, less preparation, and significantly lower costs, participants sometimes complain that in practice it can be as expensive and time-consuming as litigation. Take the battle for Poland’s leading mobile operator, PTC, between Vivendi, Elektrim, and Deutsche Telekom, which has mushroomed into a complex web of litigation and arbitration in various tribunals across Europe. One of the challenges has been the interaction between the rulings of different domestic courts in Poland and various arbitral panels. Then there’s the ongoing saga of the Ä50 billion claim brought against the Russian Federation by former shareholders of Yukos Oil. Running since 2005, this is the largest arbitration claim to date and one that is unlikely to be resolved for many years.
Getting the arbitration clause right can avoid costs and delays at a later stage.
Arguably, with such significant amounts of money at stake, parties are not anxious to rush proceedings. Such cases involve multiple parties disputing sophisticated issues, and doing so takes time. However, due to the widespread binding consent given to arbitration in many commercial contracts and investment treaties around the world, international arbitration is here to stay for the foreseeable future. Moreover, experts in the field agree that, until a better system is devised, parties will continue to incorporate arbitration clauses into their contracts and to agree on arbitration as a mechanism for resolving investment treaty disputes.
The focus is therefore on how parties can strike a balance in terms of time and cost on existing cases, and on whether changes can be made to improve the current system. One influential body based in Paris, the Corporate Counsel International Arbitration Group – comprised of 50 leading multinationals such as Exxon Mobil, General Electric, and Siemens – is lobbying hard for reform. Suggestions include encouraging arbitrators to rule on key legal issues as early as possible, and ensuring greater transparency that would allow the performance of individual arbitrators and arbitration institutions to be assessed.
Implications of Arbitration
In order to minimize the likelihood of an undesirable arbitration outcome, businesses must understand the implications of the arbitration clauses contained in their commercial contracts, as regard both liability and damages. Getting the arbitration clause right can be the key to avoiding costs and delay further down the line. However, some lawyers say that many companies still are not placing enough emphasis in this area when negotiating their contracts; to many, the inclusion of an arbitration provision is viewed as a “boiler plate” clause in an extensive business agreement.
Critical points to consider are the governing law of the contract and the seat of arbitration. The former defines the national laws that will apply should a dispute arise, and that means that a detailed understanding of such laws should be achieved before agreeing to be bound by the laws of a country other than your own. FTI experts were recently involved in an international arbitration involving a leading energy company and an Asian firm over the misuse of confidential technical information. A neutral European country was identified in the contract as the venue for hearing disputes and its law was adopted as the governing law. However, many years later when a dispute arose and arbitration commenced, it transpired there was limited legal precedent (certainly relative to the U.S. or the UK) to establish how to calculate damages for this particular breach.
The seat of arbitration can also crucially affect the outcome of the arbitration. The location of the seat normally determines the lex arbitri (or set of procedural rules) that forms a backdrop to the arbitration, as well as the courts that will have supervisory jurisdiction over the conduct of the arbitration and hear any challenges to decisions of the tribunal. The courts of different countries can have significantly different approaches to such issues. When choosing a seat, it is therefore important to evaluate the likelihood that the courts of that jurisdiction will intervene in the arbitration process. A company may wish to choose a “pro” arbitration seat in a neutral venue, and it can do so by reviewing any interventions made by local courts in past cases.
In terms of potential damages, the contract may contain provisions on liquidated damages – for example, stipulating a formula for damages in the event of late completion of a project – or limiting damages to specific pre-agreed sums or categories of loss. Definition of terms can vary by jurisdiction, so it is best to define the compensation of an aggrieved party as precisely as possible in the contract.
If the arbitration proceeds to a hearing, this will typically have the same features as a court hearing: oral presentation of cases and cross-examination of witnesses of fact and expert witnesses. There are, however, important differences. Proceedings are generally less formal than court hearings, and tribunals can be more interventionist than judges, particularly as regards witnesses. Witnesses, including expert witnesses, may find themselves in extended dialogue directly with the tribunal. Another growing feature is expert conferencing, or “hot tubbing,” whereby expert witnesses engage in open debate over the issues, sometimes both responding to the same question from the tribunal. This unfettered approach can rapidly highlight the differences between the experts and assist the tribunal in judging which expert has the greater expertise or the more compelling viewpoint. This can be an unnerving process for clients, counsel, and experts who are used to the more structured cross-examination and re-examination processes followed in courts.
Planning for Disputes
It is important for businesses to consider international arbitration as a dispute resolution mechanism when planning and implementing their cross-border activities – either in crafting the dispute resolution clauses in their contracts with overseas partners, or in understanding the level of investment protection that will be afforded in the event of host government actions against investments made.
If companies do find themselves needing to engage in arbitration proceedings, it is important to obtain legal advice from experts in international arbitration, which operates in a different legal and procedural environment from court-based litigation.
Levels of cross-border trade and investment are on a rising trend across the global economy, particularly following the demise of the former Communist bloc and the rising levels of economic activity in parts of the developing world, including China and India. The evidence strongly suggests that, as a result, the resolution of disputes via the mechanisms of international arbitration will continue to grow in prevalence over the coming years. Partly as a result, leading businesses are thinking about ways of enhancing the existing mechanisms and practice of arbitration. This field of dispute resolution, practically unknown even 20 years ago, is set to form an ever-larger part of boardroom agendas in the coming years.
Published April 2010
This is when the only law degree needed is international law and foreign legal teams simply take a bar exam for a global law degree used in all International Economic Zones in the US. No knowledge of sovereign constitutional rights of WE THE PEOPLE needed. You can see from our Federal Department of Labor to our international labor unions------the terms used by our national labor union leaders are tied directly to this ILO of the United Nations and the global corporate tribunal------these 5% to the 1% national labor union leaders are partnered with ONE WORLD/ONE LABOR UNION-----and this is why they keep supporting the Clintons---Hillary knowing Americans are going to become the same extreme wealth and extreme poverty with no rights as all other International Economic Zones. These national labor leaders know as well global corporations will use unions to manage workers---not work for them.........
OUR LABOR UNIONS WOULD HAVE A FEW DECADES AGO BEEN LEADING THIS BERNIE SOCIAL DEMOCRATIC REVOLUTION----TODAY THEY ARE PARTNERED WITH 1% WALL STREET AND THE GLOBAL CORPORATE TRIBUNAL.
Labor, Employment & Elections
American Arbitration Association
Every year, labor and management enter into thousands of collective bargaining agreements. Virtually all of these agreements provide for arbitration of unresolved grievances. All participants in the arbitration process--union officials, employers, personnel executives, attorneys, and the arbitrators themselves--have an equal stake in orderly, efficient, and constructive dispute resolution.
Parties who use the American Arbitration Association (AAA) to resolve labor disputes have the option to undertake resolution through our standard arbitration process using the AAA's Labor Arbitration Rules, or may agree to use expedited procedures that provide a prompt and inexpensive method of resolution. The AAA's Expedited Labor Arbitration Procedures is intended to resolve cases within a month of the appointment of the arbitrator, by eliminating or streamlining certain steps.
This is why labor union lawyers are not fighting in court the designation of US cities as International Economic Zones, ignoring of enforcement of labor law, and are selling the same ROOSEVELT INSTITUTION far-right progressive posing on issues of labor and justice. I spoke this morning with a SAFEWAY grocery store union member saying----WE ALL THINK OUR LABOR LEADERS ARE WORKING FOR THE CORPORATION----and indeed for now they are.
We know these few decades of CLINTON/BUSH/OBAMA have a National Labor Board appointments that are Wall Street and corporate friendly and the policies coming through the Department of Labor are installing the ONE WORLD global labor pool structure and International Economic Zone policies that will kill the American citizen. This is yet another layer of legal representation -----lawyers ----no working globally under the ILO of the United Nations.
Sold out by the union
Latest post Fri, Nov 14 2008 9:19 AM by Bat. 15 replies.
Thu, Oct 30 2008 11:17 PM
- Joined on Tue, Aug 19 2008
I had a labor arbitration. The union sold me out and I lost the case.
Before the arbitration, I realized that the union rep. was not willing to call important witnesses and to introduce important evidence. I was told to not talk or give any material, otherwise I'll not be represented.
I warned the union that I'll lose the case with that kind of representation.
Before the arbitration, I asked the union rep. to change the arbitrator, I believed he was biased against me. The union refused. The previous union rep. told me that I had the right to ask to replace the arbitrator if I feel he's not impartial.
At arbitration, I obeyed what the union rep. told me and only I answered the questions I was asked.
At the end I wanted to hand out to the arbitrator my report, but the union rep. didn't allow it.
And, in these conditions, I lost the arbitration.
I believe the union premeditated to lose the case and the union didn't represent me in good faith.
Can I sue them in court or at PERB?
Is any way I can have a new arbitration with an impartial arbitrator? Clearly, the arbitrator and the union worked together against me. In fact, the arbitrator was picked up by the union ("he likes the unions" - told me the union rep).
The arbitrator and the union are nothing but CROOKS
Fri, Oct 31 2008 1:08 PMIn reply to
- Joined on Tue, Dec 31 2002
If the facts you presented here are true, that they conspired with the arbitrator to rule against you and/or that the union didn't represent you in good faith, you could file an unfair labor practice charge against the union. The charge is generally referred to as a charge for failure to properly represent.
I noticed your reference to PERB. If you are a public sector employee, you would have to file the charge with the PERB. If you are a worker employed in the private sector, you file the charge with the National Labor Relations Board.
Hillary and global Wall Street neo-liberals have strong international labor union support from especially the trades and low-wage LIUNA probably allowed a percentage of contracting awards from building all these International Economic Zones. Our labor union members have strong family and community ties that need to WAKE UP to what all this will look like in a decade or two. Global Wall Street will not allow a labor union that works for workers taking corporate profit and labor will not keep ties to unions partnered with extreme poverty.
The Carpenters' Union Sell-Out
Wednesday, August 4, 2010 at 4 a.m.
By Tom Robbins
The former leader of the city's 20,000 union carpenters stood up in court last week and confessed to a lie that goes back 16 years. Michael Forde, 55, wore a black suit for his appearance in federal court on Pearl Street. This was appropriate attire for someone giving his own eulogy as a union man.
Since at least 1994, he admitted, he had been conning his members, taking a steady stream of payoffs from contractors in exchange for letting them cheat carpenters out of their hard-won benefits.
He read his plea from a piece of paper he held in his hand. "I, along with other union officials," he said, "accepted bribes in the form of cash payments from certain contractors." He added that when he took the bribes, he knew he was violating a consent decree issued by a judge in the same courthouse. The decree was supposed to represent the sworn agreement by Forde and other union leaders to shun the mobsters and crooks who have long preyed on the New York City District Council of Carpenters, making it one of the Mafia's happiest hunting grounds in the city's cash-rich construction industry.
Instead of avoiding these parasites, Forde made them his steady companions. He never missed a golf outing or a dinner sponsored by the mob-controlled contractors' associations. He took his friends on hunting trips at his family's place in East Durham, the heart of the Irish Catskills. Mike's dad has a fine place there on a little rural road. Martin Forde was also once a carpenters' union leader. That ended in 1987, when he, too, was convicted of taking payoffs from builders to let them cheat his members. The son picked up where the father left off.
One of Mike Forde's guests on the hunting parties was Finbar O'Neill, an immigrant contractor from County Tyrone in Ireland looking to make it big in America. O'Neill took such a shine to the area that he bought his own place just across the road from the Fordes. Another invited deerslayer was Joseph Olivieri, the head of the Association of Wall-Ceiling & Carpentry Industries, and a veteran stalwart of the Genovese crime family. Thanks to support from these pals, and a few others in the Lucchese and Genovese families, O'Neill quickly became one of the city's biggest drywall contractors. Later, he introduced his crew to another contracting pal from Ireland, a lad named James Murray, also looking to make it big. Murray's fortunes bloomed as well, and he was soon the owner of millions of dollars' worth of property, including a sprawling 200-acre country estate.
In the interim, Mike Forde moved up the union ladder. One of the basic reforms contained in the consent decree was direct democratic election by members of District Council officials. In 1999, Forde, then the head of Local 608, the largest carpenters' union chapter, stood for election as leader of the Council. The vote was held at Borough of Manhattan Community College on Chambers Street on the West Side.
On election day, Forde set up in a trailer on the corner of Chambers and Greenwich streets to monitor the turnout. There, he was in the midst of telling me how well things were going when the door of the trailer burst open. A short man with an unmistakable shock of silver hair thrust his head in. This was John "Little John" O'Connor, the former chief of Local 608, who was convicted of labor racketeering in the same case as Forde's dad. O'Connor's bigger claim to fame is that in 1986 he was shot in the butt—a "rocket in his pocket," as John Gotti put it when he ordered the hit amid a dispute over bribes. O'Connor glared at the crowd in the trailer. He hooked a finger at Forde, summoning him outside. Mid-sentence, Forde stopped speaking and bolted out the door.
Upon election, Forde pledged to make his administration the most corruption-free in the union's history. You wanted to believe him. After all, the three previous Council leaders had each been charged with racketeering: One beat the rap; another was convicted; the third disappeared, his wallet washing up under the Throgs Neck Bridge. But over the next few years, every time I heard Forde's lawyers assuring Judge Charles Haight, who was overseeing the federal consent decree, that the Council was doing everything that could be done to keep members and workplaces on the straight and narrow, I thought of how Mike Forde had jumped when Little John O'Connor crooked his finger.
Even after Forde was indicted and convicted on state charges of taking a $50,000 bribe to look the other way while a mob contractor renovated a Midtown hotel with non-union workers, he insisted on his innocence. His able attorneys won a retrial, and the second time around, the jury acquitted him.
He won even more social acceptance by parlaying his union's political action fund into close ties with the state's top politicians. In the decade he ruled the District Council, the union poured more than $3 million into campaign war chests. He made a small army of carpenters available for working the polls and door-knocking for candidates. Politicians named Clinton, Pataki, and Spitzer were among those eagerly seeking and accepting his endorsement. Last summer, even as a grand jury was hearing witnesses against him, Forde embraced Michael Bloomberg at a union dinner, declaring his "great pleasure" at announcing the Council's endorsement of the mayor for re-election. His federal indictment came just five weeks later.
Charged as well were O'Neill, who has pled guilty, along with six other union officials. Olivieri, the mobbed-up contractors' association leader, is still hanging tough. Should he go to trial, which seems unlikely, the top witness against him will be his old deer-hunting pal, Jim Murray. The millionaire Irish contractor cut his own deal last year with Lisa Zornberg and Mark Lanpher, the relentless prosecutors handling the case.
Forde suffered further indignity at his arrest when he tested positive for cocaine. At his guilty plea last week, he told the judge that he is now in a drug and alcohol recovery program. He'll have plenty of time to kick the habits. He faces at least nine years in prison when sentenced in November.
One of those who never bought Mike Forde's pledges of honesty was a 26-year veteran carpenter named Brian Brennan. Carpenters are a vocal lot and have no trouble airing their gripes, though these days, most of it is done anonymously on the Web. Brennan is one of the few who sticks his neck out. In May 2009, he participated in a small demonstration outside the District Council's Hudson Street offices against a cutback in benefits, the very funds Forde's pals were stiffing.
Brennan brought a sack of flour as a heavy-handed prop. "We called it 'Mike's coke.' Everyone knew he had a big habit." A fracas broke out when Brennan tried to go inside to confront benefit-fund officials. He was arrested, accused of hitting a security guard. "I didn't hit anybody," he said. "I'm the one got hit." The district attorney declined criminal charges, but Forde's lieutenants had him brought up before a union trial board. Brennan was ordered expelled and fined $25,000. His attorney, Robert Felix, is still trying to get national union officials to respond to his appeal.
"I'm out of work a year now," said Brennan. "I've got a family I'm trying to feed. Mike was in there all those years, making his deals with his friends. How are they ever going to get this union back together?"