In a case involving matters like claims of race & gender discrimination, workers' rights issue, workplace bullying & violence, wage fraud, and more, you might think all sides of the political spectrum would eagerly help get the truth out on the fraud & apparent crimes involved.  Why has that not happened?  Has there been some hidden incentive or threat to get this case sandbagged?  How powerful  IS the Houston YMCA?  -- Who knows?  While Noack was suffering apparent unpaid overtime, its CEO seemed to be "wallowing in dough": http://www.chron.com/news/houston-texas/article/YMCA-leader-s-pay-tops-peers-in-U-S-1613501.php!   Another link, http://www.npr.org/2012/11/14/165093535/some-nonprofits-look-suspiciously-like-forprofits, shows some NPOs are like big money-making corps., avoiding taxes.  Could there be a link?  Is the Houston YMCA getting an unfair edge on competitors like other daycares & fitness centers?  With a richly-paid CEO, $$ pouring in via donations, childcare, gym memberships, etc.,...hmmm.

     Well, one man did try to help -- U.S. Rep. Ted Poe made an inquiry to the EEOC on Mr. Noack's behalf.  Despite having proof of wrongdoing in multiple facets of the labor dispute, the EEOC just blew him off.  - Not sure why.  Sure, Poe is a Republican, but the factors involved in the case are representative of both major political parties (i.e., read "all Americans")           -- things ranging from Constitutional issues to discrimination, labor, personal & workers' rights, wages,.....(as said above). 

     Unions, minorities & civil rights tend to be Democrats' core areas, and the Constitution & personal rights and liberties tend to be Republican & Libertarian ones, so all should find reason to look into this.  After all, there is utter proof that perjury took place (& was permitted by judges) in the legal case, as well as lying to the labor board, & much more.   You can see copies of letters from Rep. Poe and the EEOC, below. 

                      See the EEOC's cover-up in response to U.S. Rep. Ted Poe!                 

                                   Rep. Ted Poe has copies of documented evidence of non-investigation, lies, & perjury. 

    Also, see previous page, "Lies to LABOR Agent", the last section titled "CONCLUSION" on the page 19W, or USCA5 603, - http://stillsupremelyunjust.yolasite.com/lies-to-labor-agent.php.  It states the TEC (Texas labor board -- prior to transfer to EEOC) had requested affidavit testimony on the matters (which YMCA counsel said they were sending).  Oddly, that affidavit vanished from both TEC and EEOC records, although the fax shows 9 pages were sent: the cover page, a 4-page lying denial letter, and (apparently) another 4-page affidavit of similar testimony.  

     The EEOC seems to admit the affidavit -- an important legal document --  is missing, by saying they were "trying to locate the affidavit" (- See the 3rd paragraph, lower document).  Yet, they try to weaken his cry for justice by tossing out that (merely)  he referenced it?  Why, when the affidavit was required by labor officials? 

     Just before the quoted statement shown in red, above, the EEOC claimed it had been "fully responsive".  If they'd been fully responsive, why hide the facts below? 

1)  There is proof they were blatantly lied to by the YMCA.  (Rep. Ted Poe had evidence proving that, and it's also on this site.) 

2)   Documents show the case was closed without employer (YMCA) witnesses being questioned!                                           

      (See http://stillsupremelyunjust.yolasite.com/explain-this-eeoc.php). 

3)  Then, sworn affidavit testimony likely showing perjury by the employer mysteriously goes off-radar- completely missing! 

     The affidavit has been missing from both State and federal labor offices -- how insane is that?  Yet, they say nothing went wrong.  Problem is, when EEOC sends out documents on a labor case, they require an affidavit.  According to information gained, the forms actually state that "...Pursuant to 40 Texas Administrative Code, Section 819.72(1), any written statement, such as a Position Statement, must be under oath or affirmation A copy of an affirmation to be signed and notarized is attached for your convenience."  Then, it warns, "Failure to fully and completely respond to all information requested shall result in the issuance of a subpoena pursuant to Sections 21.003(4) and 21.306 of the Texas Labor Code."  *

                                                                                       * (See bottom of this page for quotes.)

      So, where is the subpoena?  Since the affidavit is missing and there's no subpoena, what kind of yahoos are running things at the labor boards?  Data from the case shows 9 pages were faxed -- a cover page plus four pages of a lying denial-letter, plus 4 more.  I could guess maybe the last four pages were blanks, as a ploy to keep from getting in trouble for perjury, but that would simply be a guess.  Perhaps it is no further-fetched than thinking the all-important affidavit was somehow totally lost by both labor boards involved.  Is it all evidence of further crimes?  Has anyone investigated?  Apparently not.

      How did they LOSE an affidavit?  Notice there was proof of gross lies in the YMCA response letter (shown on this website) in addition to the proven affidavit- perjury in the court case (some of which is also on this site). They ought to be going back over the case with a fine-toothed comb and demanding the YMCA give an account for its lying to them!  The EEOC should be doing something to right the wrongs inflicted on Mr. Noack.  IF they'd known more about what the YMCA DID DO and that they'd lied & covered up, the EEOC likely would have taken greater action than simply dismissing the claim.  So, the EEOC should be held LIABLE.

     Hey, but no bothers, right?  They push off by trying to say it was all properly processed & their decision supported by the "available" evidence.  LMAO -- How outrageous!    They seem to indicate they won't be bothered by any more hassles from anyone, so they can climb back under their rock & ignore their lame incompetance & the harm done by it.  

     What happens when a claimant is poor and cannot hire a lawyer?  Taking a case to court, self-litigated, without any legal experience or training, is not something the EEOC should consider as an excuse for not doing their job properly.  Millions of Americans THINK their claims will be investigated, not rubber-stamped, and many (just like Noack) have had no means of hiring lawyers.  As I understand it, the YMCA fielded 2 lawyers from a HUGE Houston lawfirm against Mr. Noack.  The EEOC should have done it's job! 

 If anyone knows of legal counsel who'd take Noack's case against the EEOC for liability damages, drop a note to this website. (It can be passed on.)  It should be an easy win.  Also, when this mess gets investigated & the crimes involved are fully exposed, the civil case against the employer may be kicked back into court again, due to the fraud, so Mr. Noack could have another nice case for someone, there, too!   I don't think a jury will be gentle after so much poof of corruption. 

 

 

    Interesting.  Apparently U.S. Senator Ted Cruz also thought there was enough merit to make his own EEOC inquiry, as well.  That's the guy who help ol' Senator Paul do that famous filibuster.  The results?  The EEOC spewed the same baseless LIES to him.  (See the EEOC's reply, below.)  The letter looks extremely similar to the response to Ted Poe.  Is the EEOC using form letters they simply adjust, depending on whom they are telling lies to?  

    Yet, they have no affidavit (required) and no subpoena (threatened in the case of no affidavit), were lied to (proof is on this site & was given to Ted Poe), and the employer was also proven to have presented perjury in court, too.  Additionally, emails (at the "Supremely Unjust" site) plus other documents show evidence so strong a jury would VERY likely consider it to be proof of guilt.  Well, all federal employees are obligated by an oath.

 

  5 U.S.C. §3331. Oath of office (for all govt employees)  (bold print & color-coding added for emphasis, below)

"An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath:

                ' I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States

                          against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;

                                  that I take this obligation freely, without any mental reservation or purpose of evasion

           and that I will well and faithfully discharge the duties of the office on which I am about to enter.

                                                                                      So help me God.'  

                                                                  This section does not affect other oaths required by law."

 

Don't those duties include.....abiding by U.S. Laws & regulations?

Refusing to do their jobs and lying to two Congressmen, 

while defying & rejecting their oath of office (made before God), seems a very terrible thing!

 

 

 *40 Texas Administrative Code, Section 819.72(1)

                                                                Texas Administrative Code

 

TITLE 40                          SOCIAL SERVICES AND ASSISTANCE

PART 20                          TEXAS WORKFORCE COMMISSION

CHAPTER 819               TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION

SUBCHAPTER  D          EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS

RULE     §819.43             Investigation of a Perfected Complaint

    Item (f) is quoted, below.  (The other stipulations may be see via this link: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=20&ch=819&rl=43 .) (color-coding below added for emphases)

"(f) As part of a perfected complaint investigation, CRD may accept from the complainant or respondent a statement of position or information regarding the allegations in the perfected complaint. CRD shall accept only a sworn or affirmed written statement of position submitted by the respondent setting forth the facts and circumstances relevant to an investigation of alleged violations of Texas Labor Code, Chapter 21."   

 

  

                                                              Section 21.003(4)           TEXAS LABOR CODE

 

Sec. 21.003.  GENERAL POWERS AND DUTIES OF COMMISSION

"(a)  The commission may:Item (4) states

"(4)  request and, if necessary, compel by subpoena:

(A)  the attendance of necessary witnesses for examination under oath;  and

(B)  the production, for inspection and copying, of records, documents, and other evidence relevant to the investigation of alleged violations of this chapter;"

 

The rest of the info. above & the info. below may be seen via this link:  http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.21.htm .

 

                                               Section 21.306                TEXAS LABOR CODE

 

               Sec. 21.306.  SUBPOENA OF RECORD OR REPORT

"(a)  If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report in accordance with this subchapter, the commission may issue a subpoena requiring compliance.

(b)  On a failure to comply with a subpoena of the commission, the commission shall apply for an order directing compliance to the district court of the county in which the person is found, resides, or transacts business.

 Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993."  

Make a Free Website with Yola.