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  1. #1
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    Union President refuses to release financial audit can I sue?

    What is the name of your state (only U.S. law)? Texas
    Back in November 2016 my union, which is located in Dallas TX, requested an independent financial audit of the 2015-2016 credit cards statements because a earlier internal audit found many financial irregularities.
    The independent audit was completed in late December 2016 but the union president refused to release it audit results to the membership as was required by the union by-laws.
    I file charges against the president but our board did not accept those charges.
    I filed a complaint with the Department of Labor but have not gotten a response.
    I also contacted the accounting firm and was ignored.

    So my question is, under Texas law is there any way to sue the accounting firm to obtain a copy of the audit? Maybe using the idea that because my union dues, in part, pay for the audit all the members have a right to see the audit.


  2. #2
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    Quote Originally Posted by mwilbanks2 View Post
    What is the name of your state (only U.S. law)? Texas
    Back in November 2016 my union, which is located in Dallas TX, requested an independent financial audit of the 2015-2016 credit cards statements because a earlier internal audit found many financial irregularities.
    The independent audit was completed in late December 2016 but the union president refused to release it audit results to the membership as was required by the union by-laws.
    I file charges against the president but our board did not accept those charges.
    I filed a complaint with the Department of Labor but have not gotten a response. I also contacted the accounting firm and was ignored.

    and strike three yer out.

    So my question is, under Texas law is there any way to sue the accounting firm to obtain a copy of the audit? Maybe using the idea that because my union dues, in part, pay for the audit all the members have a right to see the audit.
    Apparently
    the union doesn't feel the same way


    Anybody can sue anyone for just about anything providing you have the time and you have the money to do it.
    What would you do with the audit? submit it to the same people who don't seem to care all that much? I don't think the freedom of information act covers Union business, but by all means flail away
    The person you should be speaking with is your shop steward. What did he have to say?


    Last edited by drruthless; 09-03-2017 at 02:05 PM.
  3. #3
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    The independent audit was completed in late December 2016 but the union president refused to release it audit results to the membership as was required by the union by-laws.
    So drruthless would simply ignore the possibility the union officer has embezzled his/her money (if he/she were in your place?)

    I'm not certain but I believe the action applicable to your situstion would be a suit for a breach of contract. In that suit you would seem the court order the union administration provide the details of the audit as the bylaws require. If there is improper actions discovered it could lead to additonal claims of breach as well as violations of their fiduciary duty and review for possible criminal actions.


  4. #4
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    Quote Originally Posted by mwilbanks2 View Post

    So my question is, under Texas law is there any way to sue the accounting firm to obtain a copy of the audit? Maybe using the idea that because my union dues, in part, pay for the audit all the members have a right to see the audit.
    You cannot sue the accounting firm; the accounting firmís obligations run only to the union officials who hired the accounting firm, not all the members. If your union charter or by-laws require that the leadership share it with the members, you may be able to sue the union to compel the leadership to make that disclosure. Of course, you wonít make yourself very popular with the union officials if you do that.


  5. #5
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    Quote Originally Posted by Taxing Matters View Post
    You cannot sue the accounting firm; the accounting firmís obligations run only to the union officials who hired the accounting firm, not all the members. If your union charter or by-laws require that the leadership share it with the members, you may be able to sue the union to compel the leadership to make that disclosure. Of course, you wonít make yourself very popular with the union officials if you do that.
    I agree with the last statement but I also stand behind a person that demands the union leadership act properly. Being a union member myself and dealing with situstions such as the op is addressing, I do know what can result from such situations. I expect, neigh, demand my union leaders act in the utmost proper manner. They are playing with my money in anything they do. If op's local is concerned of the situation that a special investigation was approved to review the credit account matter, I suggest the leasership in place has already failed. They have already placed a shadow of distrust over their activities.

    Misuse of the finances of the local can result from malfeasance but it can also results from incompetence. Either can result in lost member money and neither should be tolerated. I applaud the op for standing up and demanding his local president comply with the rules on place. It is no different than a person demanding their mayor or even president act in s lawful and proper manner. I think we can all agree that if trump was unlawfully stuffing his pockets with taxpayer money somebody should call him out on it and expect the situstion be rectified. Expecting the same from a local's president is no different.


    Well, it is a bit different. In the union matter the improper actions of the local's president can result in a more immediate and much more devastating result. There are far fewer pockets to pick in a union local than in all of
    the US populace so the taking of any money from the union local has a much greater impact on those union local's members.


    Op does need to "watch his back" though. Negative actions against the local's leadership has resulted in blackballing of a member. It can be done so subtly it is difficult to realize it is happening. There are other negative actions as well. Again, if the leadership is devious enough, there is no limit to what they can try and with enough blind or complicit supporters, they often get away with such unlawful actions.


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