Court Order Denying Veto Challenge

This Decision & Order resolves three applications that challenge the determinations of court-appointed Review Officer Dennis M. Walsh to “veto” three individuals from their union positions.

The three applications include:
(1) an order to show cause application filed on September 27, 2010 by Paul Willoughby, Conductor of Local Union 157 and also a shop steward, which seeks to vacate the Notice of Veto issued by the RO on August 27, 2010.

(2) an order to show cause application filed on October 4, 2010 by John Holt, a business representative of the Union leadership body, which seeks to vacate the Notice of Veto issued by Walsh on September 3, 2010.

(3) an “appeal” filed on October 14, 2010 by John Daly, President of Local Union 608 and a business representative of the District Council (“Daly”), which seeks to vacate the Notice of Veto issued by Walsh on September 7, 2010

The thrust of the actions taken by the RO was to remove Willoughby from his positions as Conductor of Local 157 and shop steward; to remove Holt from his position as a business representative of the District Council; and to remove Daly from his positions as President of Local Union 608 and a business representative of the District Council, following the RO’s determination that Willoughby, Holt, and Daly each violated the Stipulation and Order between the United States (“Government”), the District Council, and the Board of Trustees of the pension plans and welfare funds established to benefit the Union (“Benefit Funds”), entered into on June 2, 2010.

The Court finds that Walsh acted within the scope of his authority; that he afforded Willoughby, Holt, and Daly ample process; and that his determinations were based upon substantial evidence and were not arbitrary or capricious.

For the reasons outlined below, the respective orders to show cause brought by Willoughby and Holt and the appeal brought by Daly are denied.

2010-12-21 RMB Order Denying Veto Challenge