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Delaney v. International Union UAW Local No. 94 of John Deere Manufacturing Co.2/25/2004
PhotoEd.3
Figure 1
On July 1, 1999, the newsletter listed the plaintiffs' names next to a drawing of a lighted bomb (see Figure 1 above). The newsletter stated: The SCABS will also be enjoying our UNION WON 4TH OF JULY HOLIDAY BENEFIT. They haven't contributed anything or walked the picket line to get this or any other benefit that we have worked for. Remember this when you see them in the plant or on the street! If they would like to be treated any other way we invite them to sign a check-off card!
The title to this paragraph contained a second lighted bomb. It stated: "We'd like to [picture of bomb] our SCABS."
On September 2, 1999, the newsletter reminded union members
Our SCABS will also be getting our three day UNION WON weekend. They pay no union dues, but they have no problem accepting our benefits. Think of that when you see them at work on the street.
Next to the plaintiffs' names appeared a drawing containing the following slogan: "and remember SCABS SUCK!"
On November 11, 1999, a drawing of a large rat was placed next to the plaintiffs' names. The newsletter exclaimed
Did you receive your Performance Bonus Payout check recently? This is a UNION WON benefit. Unfortunately, our SCABS also received this payout and DID NOT pay the 1.15% union dues that everyone else did.... Treat them as they should be treated... with disgust!
On November 23, 1999, the newsletter listed the plaintiffs' names under a drawing of a hatchet-wielding turkey chasing seven rats (there were seven nonunion workers listed below a heading entitled "S-C-A-B-S") (see Figure 2 below). The newsletter pointed out Thanksgiving was a union-won holiday, which the plaintiffs would be enjoying. The newsletter encouraged union members to post the article around the plant and urged nonmembers "to consider joining or reinstating themselves to our ranks."
Two years later, the same drawing of a hatchet-wielding turkey accompanied the plaintiffs' names, along with this paragraph:
It's so easy to forget about our freeloading little rodents when there is so much going on in our world. Just remember... they are cashing their Performance Bonus checks and enjoying our UNION won holiday without supporting the very group that got it for them. We were taught to turn the other cheek, but in this case they can kiss mine.
EMBED MSPhotoEd.3 Figure 2
On January 13, 2000, the newsletter referred to the upcoming Martin Luther King, Jr. holiday as "another UNION WON BENEFIT we have because of the work and sacrifice of DUES PAYING MEMBERS!" The newsletter again encouraged union members to post the article around the plant and join the union.
On September 14, 2000, the newsletter contained the plaintiffs' names under the title "S-C-A-B-S," accompanied by a drawing of a rat being kicked out of the "main gate." The drawing, entitled "A FREE RIDE EVERY SCAB SHOULD GET," appeared with the following passage:
Our SCABS also receive this UNION WON benefit [i.e. a cost of living raise]. They sponge off what every one of us have helped bargain for. PLEASE REMEMBER THIS WHEN YOU SEE THEM IN THE PLANT OR ON THE STREET. Treat them like the leaches they are.
Whatever their excuse is for getting out of the Union, they must feel pretty darn sheepish for taking all our UNION WON benefits (cost-of-living, vacation, holidays, overtime pay, bereavement pay, health insurance, and the list goes on and on). Or maybe not, since they obviously haven't refused these benefits.
On February 8, 2001, under the title "The Whinin' Nine" and amongst two drawings of
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