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Indybay Feature

Union Candidacy Not Harassment Says San Francisco Judge

by Phil Horne, Esq.
Supporters of California Association of Professional Scientist (CAPS) candidate for Vice President Charles Rachilis celebrated San Francisco Judge Ellen Chaitin's ruling that the candidates' visit to union headquarters did not constitute "harassment" and union's admission during proceedings that candidate was entitled to visit headquarters and obtain member list.
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California Association of Professional Scientists (CAPS) member Charles Rachilis accused CAPS union officials of financial irregularities and misuse of funds and decided to do something about it--he ran for Vice President on a "time to clean house" ticket.

CAPS officials refused to provide Rachilis with member contact information--in violation of California labor law. When Rachilis visited the CAPS office, CAPS officials threatened Rachilis, threw him out, and spent union dues on a lawyer to bar Rachilis from union meetings and offices. CAPS served Rachilis with a temporary restraining order and attempted to make that restraining order permanent.

In order to support the restraining order, CAPS officials made false statements, under penalty of perjury, in which Rachilis was accused of assault, battery, and harassment.

On Friday, September 30th, 2011, the CAPS officials' complaint came before San Francisco Superior Court Judge Ellen Chaitin. About twenty (20) Rachilis "time to clean house" ticket supporters attended the hearing. Chaitin questioned Rachilis and H. Mattson Austin (current CAPS official).

Austin admitted that Rachilis was entitled to the union membership list and admitted that Rachilis had not been provided the list as required by state law. Austin claimed that Rachilis' opposition to the Afghanistan war made Austin fear Rachilis would do him harm.

Judge Chaitin disagreed and dismissed the complaint filed by CAPS officials.

The photo shows some of the Rachilis "time to clean house" supporters celebrating after the hearing just outside the San Francisco Superior Court.
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