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Need Organization to battle work place Firing based on a Racists remark - Know any good firms??

Posted on 12/16/2004 7:27:40 AM PST by AirBorn

Question of WHO any of YOU think might be a good start to talk to concerning a not so very unusal case of reverse discrimination.

Case in point :

Enviorment : Trucking company, union. Employees have a very good work relatioship beyween eachother--and actually--not one bad apple in the bunch--except the Union Shop Steward who just happens to be a minority himself with a few " complaints" formerly against him for as they say...NOT being " racially balanced ' concerning his rulings on Mang./Union decisions and issues.

The faulted party : An "older" , 8 year worker--who does simple " deliveries " due to his " low mental " or as they say " handicapped " problem.--Very likable guy---functional but a little slow--WAY TOO Willing to try to " fit in " and " please " --and up to date has not been taken advantage of --has actually been " protected ' as everyone's second brother.

The action : While the Employees at this company are from a mix from people accross the area--most are --because of the work of driving and wharehousing--(meaning low pay for those with no education)---most are what would be considerd " minorites " 82% ".

While most " banter" around the shop crosses a wide range of discussion topics--,most centers on Sports, Television shows and a good deal of Rap--good natured cursing--and " in-the-know- " private jokes or one-word key word " jokes" from rap-videos.

As I said thou--82% of the workers are Minorities from the various " projects" in this city area-and thus use "their own slang" or words most commonly reserved for " Rap MTV " music videos.

ONE word includes the very loose, often, and un-humourous term that " The HOME-BOYS "- as THEY "jokingly" say they use , use in public the word: ". . the " ..N.." word "

which is ,for some unknow to this 3rd generation American- Irish Born poster, USED by these " friends" as believe it or not a " greeting" reserved for the real " home-town/close knit " group.

Now...this "handicapped"--always trying to " fit-in" employee--happened to, while trying to get "in" on a conversation with everyone--had been listening in to a conversation with a recent TRANSFERED Employee,

(who it has turned out, this "new" employee-- has been a FRIEND BEFORE and at one time had worked with this " prejudiced African-American " shopsteward,)

and this new transfered employee started in with a Long, long voiced string of profanities and " n '' word comments to anyone around in general. I guess trying to show-off himslef too and fit in with the "pecking-order" there are they say.

This handicapped person ( I will call him ' Alfie' for now ) "Alfie" decided to " mimick" this talk back to the said employee--thinking it funny--and seeing it --as DISCRIBED TO THE SHOPSTEWARD--as " just a word I heard the other guys using--and THEY ' laughed" when " They " said it--so Whay is wrong with ME saying it??

Up to date----

The mentally handicapped person has been " fired " from his position--after the Shopsteward had an employee " file a claim" against him and CHARGING that the " company was fully aware of work place prejudice and racial insults , and racist attitude of this "white" employee--and , ready for this--"ALL OTHER WHITE Employees there as well." used by it's drivers.

)the " reporting" employee said he was "talked into" filing that report!)

The history as told by one Minority driver himslef when i called said this 20 YEAR employeed " shop steward " himself has been very vocal in trying to get those gulliable " minorities" to file complaints for HIM against what He says are ' racist policies" in the work place. And has actually done so much HARM himslef over the years concerning this topic-that if it wasn't for him STARTING problems that supposedly not THERE in the first place--there would have been no " conflicts" between races there over the years. but of this-I am only taking a few peoples word for it too.

So....the matter stands that a few drivers , A MIX actually between the " minority" and " non-Minority" drivers who said this morning that THEY are SICK of this " dinosaur fromt he past " always inciting racial-friction between everyone to " PROVE HIS OWN POINT" as they think he is doing--

----are looking for some organization and lawyer to help defend this driver--get some compensation for his problems!

( BEFORE Christmas time this happens!!--EVERYONE including the shopsteward KNOW this poor guy lives alone--in a small apartment--and has NO money--not friends or eductaion really to get another job!!)

This is Not the first time I have been told that "other" employees have approached the shop steward about their feeling " queasy" and " insulted" by over hearing this word used in a work place ( as "white-Employees" --with NO regaurd or having the Shop Steward address this problem.

If I din't get such a great deal with storage at this place--I wouldn't use this business anyhow!

Complaints supposedly have been filed about this matter--of the shop stweard NOT addressing any of the Problems Filed concernbing unfair-in house rulings over positions and "discipline" --with them only being thrown out by the union--although I am not that involved or sure of this fact yet.

So...there is alot of instances where this is not the FIRST case of this offense word-use being reported--but the FIRST TIME--someone has been Disciplined for USING it--and by a " Non-Minority" at that--AFTER man, many other grievances before about this matter.

WHO can I call/ contact to get to help this poor soul??

(I would like to see the Union thrown out on it's butt-- but do not think that is possible--and some of these people probly would NOT have a job at ALL if not for a Union in the first place.( most are nice when they see me--but I think they work harder at NOT working of you know what I mean.)

the shopsteward HIMSELF should be brought up on Violating Federal Work place environment and Racist charges against him!

I myself am getting involved because I do alot of charity work at the local homeless shelter - and the " friends ' program--playing Santa at Christmas and getting Toys and Clothing for some older adults in homes through-out the area-- They had WAITED OUTSIDE my DOOR in minus degree weather until I came home last night to tell me of what their friend has been going through!! These meek that will inherit the world. And since I know most of them from the Adult Homes and heard how this newes effected them--I couldn't just say " go ask a lawyer yourself". And they told me this guy lives pay-check to pay check as it is.

How can I turn down helping this guy??

Could you??

So--any organization--phone numbers--any of you Freedom Loving Freepers can come up with is not only appreciated--but I will be waiting for them too.

Thanks for reading this letter-

please place it in the appropriate section if you want--

Tom

if this was your younger sister?? or older brother?--how would YOU feel about this happening to someone as innocent and meek as them??--during Christmas time??

I myslef am getting SICK of hearing all this " SAY one thing--but DON'T actaully DO what I do myself" liberal hypocracy concerning " Racism ' amd " Christmas Trees" in public--and prayer in school issues--and FREEDOM OF CHOICE for AMERICANS!!-as long as it is only the choice andfreedom for those who want abortion.!

Trent Lott went thru hell with his comments--and other " conservatives" have too in the past--BUT NOT Democrats in OFFICE!!

Corrine Brown got away with saying she mistaked a Mexiacn Politician for a " white" politician because," They ALL look the same to me ..."

Minority leaders have said, " you must kill the white mother's, pregnant or not, their children and all their children..." and not a word from Jesse Jackson.

Al Sharpton and Charlie rangle actually saids that the GOVERNMENT actaully has a PLAN and WANTS to kill off all the " Black Youth" in America because they are in the Armed Services--but DOSEN'T mention that it is a VOLUNTEER service these days!!--Not a word from the liberal media or press.

This one poor, mentally challenged guy is being used as a PAWN by this Racist Show Steward himself.

Something must be done.


TOPICS: Constitution/Conservatism; Culture/Society; Miscellaneous; Your Opinion/Questions
KEYWORDS: racisism; unfairtermination; workplace

1 posted on 12/16/2004 7:27:43 AM PST by AirBorn
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To: AirBorn
"Wow"-"that's"-"ALOT""""---"of quotes""" -and---"d"a"s"h"e"s".

On a serious note, I do hope you get the help you seek.

2 posted on 12/16/2004 7:32:57 AM PST by Shryke (My Beeb-o-meter goes all the way to eleven.)
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To: AirBorn

It was difficult wading through this with the formatting the way it is. Do you have a lawyer referral service in your city? Many cities have this, and it's a pro-bono service.


3 posted on 12/16/2004 7:34:00 AM PST by cweese
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To: AirBorn
Perhaps this issue needs to be addressed and perhaps not. You're not the guy to do it though, AirBorn. (or should that be AirBorne?)

Such a display of poor spelling and grammar is, thankfully, rare on this forum.

4 posted on 12/16/2004 7:34:44 AM PST by davisfh
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To: AirBorn

Doesn't the Union have a lawyer...


5 posted on 12/16/2004 7:38:12 AM PST by 2banana (They want to die for Islam and we want to kill them)
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To: AirBorn

I'm not sure this is the right place for your problem. Surely there's a legal aid group in your city.


6 posted on 12/16/2004 7:39:03 AM PST by MineralMan (godless atheist)
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To: AirBorn

I "like" cheese. "Do" "you" like "cheese?"


7 posted on 12/16/2004 7:39:34 AM PST by TheBigB (Smartass remarks $5.00...with extra pithiness $2.00 more!)
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To: AirBorn

Most labor lawyers I've run across want about $10,000 for a retainer before they'll take a case, and the fees go up from there. So if you have a spare $10,000 or $20,000 lying around, you could get someone competent.

The only other option would be to go to the EEOC and claim that he was fired because of a handicap. They tend to not have much sympathy for folks not clearly in a 'protected group'.


8 posted on 12/16/2004 8:04:22 AM PST by PAR35
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To: AirBorn
This is another case where I’m all for mandating the use of shock collars on employees.

They’d be just like the ones they used to have for dogs to keep them from barking.

Employee starts to say something - *shock*. Possibly that could be integrated with a PA system that’d announce “more work, less chit-chat” whenever a collar shocks someone.

People think I’m joking when I mention it but I’m not.

That said; if your steward is someone that everyone can’t stand, vote him out. Or, in the case that your steward is assigned by the local, you just march down to your local’s meeting with others that want him replaced and let your local president know that he is unsatisfactory and needs to be replaced.

And, furthermore, if you are a union shop, you know as well as I do what “progressive discipline” means. You should also be somewhat familiar what what a “cardinal sin” is.

Does your contract list calling someone a nigger as a cardinal sin? In every contract I’m familiar with, it does NOT. Cardinal sins are usually theft, being under the influence of intoxicants at work, and physical violence.

For all other things a process of progressive discipline is called for. If a steward instigated a firing for such a thing I’d say your union has failed to properly represent its member – I’d let your local officials know about that too.

9 posted on 12/16/2004 8:10:00 AM PST by Who dat?
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To: AirBorn
We'll be seeing much more of the sort of thing.

Sand-lot mugabees (after Robert Mugabee) will use liberal good intentions as a club to advance themselves.

I know how you feel. It would be wise not to get involved, but I'd never be able to watch something like this happen and remain silent. If you do get involved, prepare for the worst: they'll immediately brand you as racist or trump up some other charges. We probably can't imagine the things he and his minions will dream up to attack you, slander you and debase you. You'll be harassed, required to take drug tests, assigned lousy jobs, disrespected. Co-workers won't speak to you. Management will regard you with suspicion; remember, you're not really doing them any favors here.

If you do proceed, I agree with what others have advised: clean up your grammar and spelling. Strunk and White's ELEMENTS OF STYLE was recommended to me once. It's very readable, and mercifully short. If you send a letter, regardless to whom, every misspelling, every grammatical lapse will undermine you.

Since they've gotten your Irish up, I suppose you'll probably have to wade in . Just remember, it's not likely anyone on earth will applaud you. But God will smile and that is enough.
10 posted on 12/16/2004 8:11:45 AM PST by tsomer
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To: AirBorn
The Pacific Legal Foundation is one possibility. The American Center for Law and Justice (ACLJ) is another. Finally there is the Institute for Justice.

All are readily accessible by typing their names into Google.

11 posted on 12/16/2004 8:12:01 AM PST by boris (The deadliest weapon of mass destruction in history is a Leftist with a word processor)
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To: AirBorn

I'd contact Thomas More Legal Foundation or one of those groups that 'gets it.' They could at least refer you if they don't take your case.


12 posted on 12/16/2004 8:14:49 AM PST by bboop
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To: Who dat?
Also, you can typically file a grievance against the steward for failure to represent. Note that it would generally be the person “harmed” that would file, but that isn’t necessarily required. *YOU* could file on his behalf, for instance, in a lot of situations.

If you really want to be an a-hole you can notify your local that your steward harmed a “brother” and you want him fined and expelled from the union. Depending on the stewards connections that may/may not go anywhere, but stranger things have happened.

I personally don't see any need to try a legal route. This sounds pretty cut and dried. But it depends on you, your past/present involvement in the union, and your willingness to stir things up.

13 posted on 12/16/2004 8:19:11 AM PST by Who dat?
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To: AirBorn

You have been exposed to a hostile work environment. Class action on behalf of all workers who have had to endure the hate speech found in your workplace is an appropriate action. That is about the only option I see for you to help the fellow.

GFL, dude.


14 posted on 12/16/2004 8:23:04 AM PST by Cletus.D.Yokel (lex orandi, lex credendi)
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To: tsomer

Regardless of who uses the terms, words such as 'N....r', 'f....t', etc. have been termed hate speech. Every American should speak up and ask that such terms not be used in that public setting (workplace breakroom).

Your company's workplace conduct policy doesn't delineate by race so even a Celtic-American can be offended by an Hispanics use of the term "wet..." even if it commonly used by the Hispanic's cultural comrades.

Make the left choke on PC...


15 posted on 12/16/2004 8:35:48 AM PST by Cletus.D.Yokel (lex orandi, lex credendi)
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To: AirBorn

It would be nice if an off handed remard would not be grounds for firing, but in most cases, it is not because of the remark, but because of market forces. That is Jimmy the Greek would have been kept on at CBS if the ratings would have gone up, but most feel that he would have dragged the ratings down. Ditto for Anita Bryant many decades ago.

It is the same for anyone really, including a number of gay people who stay in the closet because it would hurt their image if the came out.

Bill Maher got canned not because of unpatriotic remarks but because of bad ratings. Dan Rather also. If his ratings were better, he would be staying.

Basically, market forces are forcing these firings more than anything else. It will have to be market forces that allow someone to make a slip of the tongue and not be punished that will correct it.


16 posted on 12/16/2004 8:51:02 AM PST by staytrue
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To: AirBorn
I'm not a lawyer and don't know of one that can help you, but if you find a lawyer, I suggest looking in the ADA (Americans with Disabilities Act) that requires that an employer deal with the disabilities of their employees. In this case, the worker didn't know what he was doing was wrong because of his handicap. By not taking his handicap into account, they might be guilty of an ADA violation. In other words, I think you might be able to toss a civil rights violation right back at 'em so long as the employee wasn't intentionally trying to be racist or provocative.
17 posted on 12/16/2004 9:51:48 AM PST by Question_Assumptions
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To: anyone

To all,

Thanks for all the great idea and help --I will follow some one the leads that were given--I am also hoping that maybe I can get this guy to go the route of an organization--maybe even in the handicap-help field--

although I am really looking for some sort of " Constitutional " sort of lawyer--use to the " double-standard" type of discrimination cases.

I myself have always been sick of " double standards ".!! Especially in politics.

I have been discriminated my whole short life.

Thanks to you all again.

Tom.

P.S.

to those who know my brother who posts here--he is the one who has the " degree" in the family.

As for myself--( and those who know me ) I am the one who won't post my picture here because I don't like getting those " Oh..I feel sorry for you...we didn't know ...type of posts.

I don't NEED anyone to feel sorry for me--I have been dealt with the hand God gave me--and in his wisdom--he made people in different forms with different handicaps--and me with mine--maybe that is why I do so much charity work!Maybe THAT is why i wanted to help this poor guy too.

God makes things, and sometimes dosen't make things..ANSWERS Prayers..and sometimes NO ANSWER from him is also the answer he wants to give. But God has His reasons.

Maybe people see me--and think that COMPARED to me--THEY do NOT have it that bad!

So--for those " in the know " as they say--I use the " Dragon " system on my computer for entering ---sometimes it WORKS...sometimes it dosen't--if everything WORKED on me,I am sure I wouldn't need it,: ego -the reason why sometimes it types what I FEEL instead of what I want to type. So if my typing seems to "annoy" you for some reason--I understand--I am use to the very same sort of people bragging about how compassionate the are in ONE breathe...and in the next--racing their cars to mow the poor, slow ,moving kid down because they think it's "Funny"--or just look the other way or RIGHT THRU ME like I'm not even there because of their lack of compassion. I thought liberals were the ones to talk a great game about helping the handicap, homeless, or youth--NOT Conservatives. I have been called everything form " Hey! a Jerry's Kid!!" -to the " little School Bus " jokes too. Normally form IGNORANT people though.

I am glad my family, brothers and sisters and friends never treated me that way--I would have turned out a very bitter person. sad I have to come HERE to witness it--of the last place I would expect it too.

So, if SOME of you are " bitter" , "I" feel sorry for " you".. But that's your cross to bear, I have my own.

p.p.s-- and believe it or not--I hope that when one of YOU have your OWN vhildren whenyou get married--that THEY all turn out health and strong. I bear no one any ill wishes.


18 posted on 12/16/2004 11:55:37 AM PST by AirBorn
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