UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ELAINE L. CHAO, Secretary of Labor,
United States Department of Labor,
Plaintiff,
v.
CIVIL ACTION NO.
Transportation Workers Union,
File No. 06-4211
Local Union 700; AFL-CIO
Robert Taylor, President, and
David Taylor, Treasurer of the
Aforementioned Union
Defendants.
COMPLAINT
I
Plaintiff Elaine L. Chao, Secretary of Labor, United States Department of
Labor, brings this action under Title II of the Labor-Management Reporting and Disclosure Act of 1959
(Act of September 14, 1959, 73 Stat. 519, et seq., 29 U.S.C. 401, et seq.), hereinafter referred to as
the Act.
II
Jurisdiction of this action is conferred upon the Court by Section 210 of
the Act (29 U.S.C. 440).
III
(a) Defendant, Transport Workers Union, Local 700, AFL-CIO, (hereinafter
referred to as "Transport Workers"), is and at all times relevant to this action has been, an
unincorporated association, maintaining its principal place of operations at 1218 Chestnut Street,
Suite 602, Philadelphia, Pennsylvania 19107, within the jurisdiction of the Court.
(b) Defendant Robert Taylor, is and at all times relevant to this action
has been, the President of the defendant union, with his main place of business at 1218 Chestnut Street,
Suite 602, Philadelphia, Pennsylvania 19107, within the jurisdiction of the Court.
(c) Defendant David Taylor, is and at all times relevant to this action has
been, the Treasurer of the defendant union, with his main place of business at 1218 Chestnut Street,
Suite 602, Philadelphia, Pennsylvania 19107, within the jurisdiction of the Court.
IV
Defendant, Transport Workers Union, is, and at all times relevant to this
action has been, a local labor organization engaged in an industry affecting commerce within the
meaning of §§ 3(i), 3(j) and 401(b) of the Act (29 U.S.C. 402(i), 402(j) and 481(b)).
V
The fiscal year of Defendant union is, and at all times relevant to this
action has been, the period January 1 though December 31.
VI
Section 201(b) of the Act (29 U.S.C. 431(b)) and the rules and regulations
promulgated by the Secretary of Labor pursuant to Section 208 of the Act (29 U.S.C. 438) and published
in 29 CFR 403 require labor organizations to file with the Secretary of Labor a Labor Organization
Annual Financial Report, signed by the President and the Treasurer of the labor organization.
VII
Defendants have failed and refused, after repeated requests and demands
made by the plaintiff, to file Labor Organization Annual Financial Reports for the fiscal years ending
December 31, 2001 through December 31, 2005 on United States Department of Labor Form LM-3 as required
by Section 201(b) of the Act (29 U.S.C. Sections 431(b)) and the rules and regulations promulgated by
the Secretary of Labor pursuant to Section 208 of the Act (29 U.S.C. Section 438).
VIII
In response to plaintiff's request for defendant Union to file Annual
Financial Reports, defendants frivolously claimed that they are not subject to the jurisdiction of the
laws of the United States (see letter from Robert Taylor and David Taylor to District Director Peter
Papinchak, dated March 17, 2005, attached to the Complaint as Exhibit A).
WHEREFORE, Plaintiff prays for judgment:
(a) Directing and compelling the defendant union, and the individual
defendants, as officers of defendant union, to file annual financial report, United States Department
of Labor Form LM-3 as required by Section 201(b) of the Act (29 U.S.C. 431 (b)) and rules and
regulations promulgated by the Secretary of Labor pursuant to Section 208 of the Act (29 U.S.C. 438)
and published in 29 CFR 403, for the fiscal years ending December 31, 2001, December 31, 2002, December
31, 2003, December 31, 2004, and December 31, 2005.
(b) Enjoining and restraining defendants, their agents, servants, employees
and all other persons acting or claiming to act on their behalf or in their interest from violating the
provisions of Section 201(b) of the Act (29 U.S.C. 431(b));
(c) Awarding the costs of this action; and
(d) Granting such other relief as may be appropriate.
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
/SIGNED/________
PATRICK L. MEEHAN
United States Attorney
/SIGNED/_________
VIRGINIA A. GIBSON
Assistant United States Attorney
Chief, Civil Division
By: /SIGNED/__________
Susan R. Becker
Assistant United States Attorney
Civil Division
615 Chestnut Street
Suite 1250
Philadelphia, PA 19106
(215) 861-8310
Attorneys for Plaintiff
Dated: September 21, 2006
OF COUNSEL:
Peter Papinchak
District Director
Alfred J. Fisher
Regional Counsel
Department of Labor
Office of Labor-Management Standards
Philadelphia District Office
The Curtis Center
170 S. Independence Mall West
Philadelphia, PA 19106
EXHIBIT A
TRANSPORTATION WORKERS UNION OF AMERICA
Affiliated with American Federation of Labor
and Congress of Industrial Organizations
Local No. 700
1218 Chestnut Street, Suite 602
Philadelphia, PA 19107
(215) 592-4119 / Fax (218) 592-4166
Attn: Peter Papinchak, District Director
U.S. Department of Labor
Employment Standards Administration
Philadelphia District Office
170 S. Independence Mall West, The Curtis Center, Room 760 W
Philadelphia, PA 19106
March 17, 2005
RE: File Number LM-034-510
After extensive research this is the Transport Workers Union Local 700's position:
1. The Officers of the Local are completely outside of any federal
jurisdiction /1 see U.S. v. Lopez./2 The United States Constitution, Amendment IV (1791). united
states of America Constitution states, "The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particulary describing the
place to be searched, and the persons or things to be seized." Therefore, there is nothing in the U.S.
constitution which requires that a natural being must turn in a report on themselves, in fact the
opposite is the case.
2. We only operate in the Commonwealth of Pennsylvania. Under Section 8 of
the Pennsylvania Constitution /3 states, "The people shall be secure in their persons, houses, papers and
possessions from unreasonable searches and seizures, and no warrant to search any place or seize any
person or thing shall issue without describing them as nearly as may be, nor without probable ca[u]se,
supported by oath or affirmation subscribed to by affiant" Therefore, there is nothing in the state
constitution which requires that a natural being must turn in a report on themselves, in fact the
contrary is the case.
3. Local 700 and its officers are NOT a legal "person(s)" born or
naturalized in the federal "United States," NOT subject to the jurisdiction of the legislative democracy
of the federal "United States" (e.g., District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam,
American Samoa) or any other territory "within the United States." The terms "United States" and "U.S."
are NOT to be construed under any circumstances to imply or include the sovereign, "50 states" on the
"united states of America". Local 700 and its officers do not fall under the 14th Amendment.
Furthermore, any reference to the 14th Amendment of the Constitution maintaining privileges over rights
in invalid (see A Historic Overview of the Unlawful Enactment of the 14th Amendment by the Supreme
Court of Utah; Deyett v. Turner (1967) 439 P. 2D.266; State v. Phillips, (1975) 540 P. 2D. 936) Thus,
Local 700 und its officers are "alien" with respect to the federal "United States."
4. Local 700 and its officers are not located "within" the geographical
areas of exclusive federal jurisdiction as defined in the Federal Land Area Chart. Local 700 and its
officers do not live "within" ANY of the ten, regional federal areas, territories or enclaves identified
by the numerical, postal zip code. Local 700 and its officers are "nonresident alien" outside both
general and tangential venue and jurisdiction of Labor-Management Reporting and Disclosure Act of 1959,
As Amended, United States Code (USC). Local 700 and its officers arc NOT "resident(s)" of the
corporate "State of Pennsylvania" as it is also under the jurisdiction of the federal "United States".
Therefore, the United States District Court for the District of Columbia is NOT the proper venue for
any dispute concerning the above individuals or entity.
5. Local. 700 is not incorporated under the U.S. Department of Labor,
therefore, it is not under "Title 11 of the United States Code" and furthermore, not under the
jurisdictions of the Labor Reporting and Disclosure Act of 1959, As Amended. "No Local Union shall ever
be incorporated" - Transport Workers Union Constitution 2001 Edition, Section 11, p 42. /4
6. What is the U.S. Department of Labor or its agent(s), "Designated Order
of Authority"? And are any documents presented signed by a judge? U.S. Department of Labor, or its
agent(s), must prove what authority that they have over the Union and/or Officers. Otherwise, we have a
natural, lawful right and duty to defend ourselves from tyranny and terror threats, whether they come
from governmental or private sources.
7. The LM-3 was filed with the U.S. Department of Labor (2002 and before).
They were signed by the president of Local 700, which was signed under threats, duress, and coercion
(TDC). See the Labor-Management Reporting and Disclosure Act of 1959, As Amended, Section 209 and 210.
8. The LM-3 requires voluntary signatures, otherwise, it is "slavery
/5 which is unlawful under the Constitution of the united states of America. "Neither slavery
nor involuntary servitude...shall exist within the United States, or any place subject to their
jurisdiction."- Amendment XIII /6
9. As I am sure you are aware, everyone has a natural "right to remain
silent", please see MIRANDA v. ARIZONS, 384 U.S. 436 (1966). /7 There is no harm caused by
non-signature, thus, by definition, there is "no crime" or any subject matter in controversy. In other
words, there is no "corpus delicti". A signature is "private property" to be given on a "voluntary"
basis, without threats, duress, coercion (TDC). "No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for public use, without just
compensation." - Amendment V (1791), United States of America Constitution.
10. Local 700 and its officers do hereby CERTIFY and DECLARE, we are NOT
subject to the statutory, colorable law (such as, yet not limited to, Labor-Management Reporting and
Disclosure Act of 1959, As Amended, Section 209 and 210 or any other section) jurisdiction of the
federal United States in the corporate monopoly of the federal, state, local and municipal governments.
We have NOT voluntarily or intentionally waived, with ANY "knowingly intelligent acts" ANY of our
unalienable rights, and have NO intention of doing so in the future. "This Constitution, and the Laws
of the United States which shall be made Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the supreme Law of the Land...any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding." - united states of America
Constitution Article VI, [2].
11. Local 700 and its officers do hereby exercise the REMEDY of the law
under U.C.C. 1-207, whereby Local 700 and its officers may preserve our Common law right NOT to be
bound by any commercial agreement, or bankruptcy action of the federal United States government, that
Local 700 and its officers do not enter into knowingly, willingly, and voluntarily, and that RESERVATION
OF RIGHTS serves as a NOTICE upon all administrative agencies of government, federal, state and local,
that Local 700 and its officers will not accept the liability associated with the compelled benefit of
any unrevealed commercial agreement if Local 700 and it officers have received any benefits, privileges
or titles of nobility (e.g., person, resident, citizen, taxpayer) from any branch of the government in
the past, they were "received" under PROTEST, or under THREAT, DURESS, or COERCION (TDC) pursuant to
U.C.C. 1-103, U.C.C. 2-302.1, and U.C.C. 3-608.
12. In summary, the Local Union and its Officers did no wrong. Thus, the
U.S. Department of Labor must "cease and desist" with it campaign of harassment and tyranny.
13. Any other evidence or presumption to the contrary is hereby REBUTTED.
Any past signatures or authorizations on Labor-Management Reporting and Disclosure Act of 1959, As
Amended, internal Revenue Service (1040s and W-4s), Social Security Administration forms (SS-5), drivers
licenses, vehicle registrations, birth or trust certificates, voter registrations and other franchises
were in ERROR and involuntarily made under threat, duress, and coercion (TDC). Local 700 and its
officers hereby REVOKE, cancel and render void, Nunc Pro Tunc, both currently and retroactively to the
time of signing, any and all such signatures.
14. This letter and all attached documents have been made a part of the
Public Record and will be used for evidence in administrative and judicial proceedings at law, or
equity regarding this case. ALL of these documents must be maintained in Claimant's Administrative File.
Pursuant to Title 28, USC § 1746(I) and executed "without the United
States," Local 700 and its officers affirm that the foregoing is true and correct, to the best of our
belief and informed knowledge. Local 700 and its officers now affix our signature to all of the above
affirmations with EXPLICIT RESERVATION OF ALL OF OUR UNALIENABLE RIGHTS, which are granted by the
Creator, WITHOUT PREJUDICE to any of those rights pursuant to U.C.C. 1-207 and U.C.C. 1-103.6
Respectfully,
/SIGNED/________
Citizen/Principal, by Special appearance, in Propria Persona, proceeding Sui Juris
C.M. 7004 2890 0001 2963 2384
Cc: TWU International Administrative Committee (Michael T. O'Brien, James C. Little, John J.
Kerrigan, Michael Bakalo, Hubert Snead)
__________________
/1 "JURISDICTION [L. inris + diction/the act of speaking or orating] The right, power and authority
of a court or of an administrative agency to hear and determine a class of cases, as conferred either
by the federal of state constitution…The power of the court to decide a matter in controversy and to
adjudicate and define the rights of the parties. The jurisdiction of a court is defined both
geographically and substantively." Latin for Lawyers by Lazar Emanuel.
/2 U.S. v. Lopez is enclosed.
/3 The Pennsylvania Constitution is enclosed.
/4 Transport Workers Union Constitution 2001 Edition is enclosed.
/5 "Slavery. 1. A situation in which one person has absolute power over the life, fortune, and liberty
of another." - Blacks Law Dictionary, Seventh Edition.
/6 THE UNITED STATES CONSTIUTION is enclosed.
/7 MIRANDA v. ARIZONS, 384 U.S. 436 (1966) is enclosed.
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