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Monday, January 21, 2008

Christmas every Friday.

List of Eligible Health Programs

The following is a list of the common types of programs considered eligible for real property grants. It is only a partial listing. Additional health programs not listed may also be eligible.

  1. medical institutions
  2. hospitals
  3. health centers (i.e., related laboratories, administrative offices, and public health nursing programs)
  4. mental health centers
  5. clinics
  6. nursing homes (i.e., long term care and convalescent facilities)
  7. medical, dental, nursing, and paramedic schools
  8. infirmaries
  9. diagnostic or treatment centers providing outpatient services and care
  10. preventive medical/health care programs
  11. rehabilitation centers for mentally or physically disable persons which provide an integrated medical, psychological, social evaluation and training program
  12. residences for physicians, nurses, paramedics, etc. in isolated areas
  13. pollution and pest control (related to public health)
  14. maternal and child health programs
  15. mental and physical hygiene training programs
  16. sanitary engineering and inspection
  17. health and nutrition education
  18. drug and alcohol abuse rehabilitation programs
  19. juvenile delinquent rehabilitation, diagnostic, and evaluation programs
  20. communicable and chronic disease control (i.e., immunization programs)
  21. migrant and Native American health programs
  22. sewage disposal systems
  23. storm sewer systems
  24. solid waste programs (i.e., sanitary landfills, incinerators, and recycling facilities)
  25. water systems (i.e., wells, pumps, underground distribution mains, purifiers, reservoirs, water towers, and protected watershed properties)
  26. paramedic emergency treatment programs
  27. health administrative offices
  28. facilities to assist the homeless (Title V of the McKinney Act)
  29. animal control facilities
  30. forensic laboratories and morgues

Tuesday, January 15, 2008

We did not see it coming. With 30 years of safe practice, minimum fines and open cooperation with OSHA, we thought that we had nothing to fear. Little did we know that OSHA had placed us on their hit list of targeted employers and intended to penalize us until we gave in to their every demand. Eighteen “Serious” citations and $22,400 in penalties later, with our heads still swimming, we thought it our good fortune when an independent OSHA safety consultant called the next day promising to work with us and reduce our fines to $5,000. We almost fell for it. We now know that it was a set-up.

The best thing we ever did was to engage your firm. When you showed us OSHA’s inside reports to the feds and the games they were playing on us to beat us down, we got mad. Using OSHA’s own internal documents you showed us how to get out of OSHA’s spotlight, avoid their hassle and continue our business without OSHA’s interference and inefficiency to our operations. You contested the 18 citations with winning arguments that OSHA was outside their legal authority, trying to enforce standards not adopted by OSHA and attempting to repeal operations processes approved by prior OSHA officers.

I have seen the OSHA inside documents. I strongly encourage everyone in our industry to contact you as soon as possible. If OSHA has already hit them; they need you immediately. If OSHA hasn’t yet hit them, we know from their internal documents that they will soon. These employers need your help so they do not suffer what OSHA put us through. OSHA wasted so much of our management’s time, money and energy, all for nothing, resisting what they had no basis to ever cite us.

Again, we cannot thank you enough. Tell your clients to call me. It is in my interest to protect them so our whole industry gets out of the OSHA spotlight and we all can go back to work.

Tuesday, January 08, 2008

Kentucky OSHA Attack on Nursing Homes

Subject: How to Avoid “Department of Labor (O.S.H.A.) v. (Your Name) Nursing Home”

As part of another client’s defense efforts, we discovered documents disclosing the internal goals and strategies of OSHA. We learned a number of things which will be of a great concern to you.

  • First, you need to know that your industry is OSHA’s number one target this year and next for increased compliance enforcement.
  • Second, you need to understand that it does not matter to OSHA what your prior safety record has been, they frequently make examples out of employers just to get their attention and acquiescence.
  • Third, and worst yet, after the OSHA Appeals Court success in the recent Beverly Enterprises case, OSHA no longer needs regulations and standards to issue you citations; they can and will penalize you under the vague and broad ‘General Duty’ clause in the Act that requires you to provide a safe work environment as OSHA now interprets it.

Part of our practice is defending employers from overzealous regulatory agency actions. Of late, OSHA is a large part of our practice. We are offended by what we learned from OSHA’s own documents. So, we have developed a three-pronged program to reach out and protect you with what we know. The three prongs are: 1) Free – a quick heads up as to what is coming your way; 2) Prevention– a small, one-time fixed fee, cost and expense on ‘how to’ prevent OSHA from doing what they intend to do to you; and 3) Mitigation – how to minimize the damage if OSHA has already hit you. Please look over the attached to learn more.


Free- Heads Up –OSHA Is Coming

Call today for us to share with you what we learned reading OSHA’s inside communications, what they have in store for you, the nursing and personal care industry. We will give you the highlights of the Beverly Enterprises ruling, and why it is so dangerous for you and empowering to OSHA this time around. Together we will spend a moment exploring the status of your current safety program, and what specifically OSHA intends to target inside your facility.

This call is Free. Give us fifteen minutes of your time that will save you thousands of dollars in penalties and aggravation headed your way this year. Call us today, before your doorbell rings.

Fixed Fee – Prevention Planning

If OSHA has not yet come calling this year, you critically need to know what we learned reviewing the inside OSHA communications. If OSHA has visited you yet, call us to help you keep them out. You may be inadvertently bringing this problem on yourself; find out how to stop. Find out what to do and say the next time OSHA rings your doorbell. Find out why OSHA is after YOU. What if we shared with you a program that kept OSHA away from you -- sound too good to be true? It is possible if you do what we say. Find out about OSHA surveillance and tracking, and how they single you out to target. Let us explain to you why you never want to hire those safety consultants that OSHA is pushing on you. Did you know that OSHA has a “most hunted” list of employers that they intend to beat into submission? Post-Beverly, your industry is susceptible to terrible regulatory abuse and from the OSHA records we saw, they intend to give it to you. From this visit you will learn two very important facts: 1) how to stay out of the OSHA spotlight (which is why your industry is in trouble now); and 2) how to cause OSHA to skip you and go on down the street, leaving you in peace.

Wednesday, January 02, 2008

Mr. Larry Cox

Office of Senator Mitch McConnell

601 W Broadway, Suite 630

Louisville, KY 40202

Subject: Homeless & Sen. McConnell’s Support

Dear Mr. Cox:

Enclosed please find our Supplemental Application that Senator McConnell encouraged us to make on behalf of the homeless in our area. Attached for your background information is our letter of appeal to the Senator, dated April 26, 2006, and the Senator’s kind reply to us, dated June 29, 2006. I missed you last week while you were out of the office.

The application is made under the McKinney-Vento Act to benefit the homeless in the Metro-Louisville region using title V under-utilized and surplus federal properties. Our application is made under a local 501c3, Rock Cosmopolitan Church, Inc, Rev. David Pitts, and with the support of the University of Kentucky, School of Agriculture, Chair Steven Bullard, and The Coalition for the Homeless, Inc, Executive Director Ms. Marlene Gordon; the latter knows and speaks highly of you and your office.

Our hope is that with the Senator’s encouragement that the Department of Health & Human Services will feel more inclined to support the application; in lieu of looking for a reason to say, ‘no’ because it is outside their comfort zone. I believe that it is apparent in hind sight that Congress erred thirty years ago when making HHS responsible for screening McKinney-Vento applications. HHS is a social services agency, more comfortable developing bird flu policies than administering physical and economic development programs involving title V federal properties. Billions of critically needed dollars in unwanted title V properties are denied their use to assist the homeless by the acts of HHS, merely because HHS lacks the expertise to administer their economic development for the benefit of the homeless.

The Senator could accomplish a great step for mankind were he to fix the McKinney-Vento log jam at HHS by giving the work to another agency capable of performing the task. The Senator could accomplish a great step for the homeless in our community, within the current system, by encouraging HHS to approve our application. After all, it is supported by some of the best in the Commonwealth; The Coalition for the Homeless and the University of Kentucky. If these service providers are again deemed inadequate by HHS, it is apparent that HHS is thwarting every purpose of the McKinney-Vento Act to assist the homeless.

We are submitting the Supplemental Application to HHS under separate cover. Additionally, we are providing a copy to Senator McConnell’s D.C. office for their use. We request of you to kindly assist us to coordinate our effort with your D.C. office. We truly appreciate the generous support of the kind Senator and his staff in our regard.

Senator Mitch McConnell

361-A Russell Senate Office Building
Washington, DC 20510-1702

Subject: Homeless Assistance Roadblock in Health & Human Services

Dear Senator:

We need and plead for your help. We tried to work within the system, however, HHS thwarted us in our efforts to assist the homeless using surplus federal properties under the McKinney Act.

This Act goes back to the 1980’s and never has performed as it was intended. Several class actions later and decades involving numerous Congressional amendments to fix it, all appears about to work but for the current roadblock at HHS. HHS reports that they have ‘an internal policy against approving any application involving an economic benefit’ under the Act to assist the homeless. And the dismal approval record of HHS confirms their ‘just say no’ internal policy.

Today, over ten thousand surplus federal properties languish and provide no intended McKinney Act homeless benefit largely because of this HHS internal policy. To illustrate the lost opportunity to assist the homeless, we share our program with you. Our firm currently represents three non-profit applications before HHS, all having an ‘economic benefit’ purpose to “assist the homeless’ under the Act;

  • Sustainable Timber Management – over 5,000 acres of Corps surplus properties located in KY, MS, TN, AR, and LA, under the care of the University of Kentucky School of Forestry, where the revenues are pledged to The Coalition for the Homeless, Inc., Louisville, KY. This program will generate millions of dollars of new cash revenues to ‘assist the homeless’, while leaving the lands unchanged in use. Because of HHS policy against economic benefit in their approval process of the McKinney applications, these same Corps properties have been posted yearly on the Federal Register since 1990, with no takers and providing no benefit to the homeless. Because HHS wants a homeless operator, with money, and need to use that particular property, as is, where is, and only to house the homeless therein, these properties will never benefit the homeless under this narrow restriction to the Act. HHS has denied this application of ours.
  • Indian Gaming, Marion, Indiana – half way between Indianapolis and Ft Wayne, there lays a nearly abandoned Veterans Hospital, deemed surplus under title V of the McKinney Act. The site is beautiful, campus like and full of old historic buildings. The town, like many now in America is suffering from loss of jobs, tax base and is a great supporter of our application on behalf of an upstate New York non-profit to take this land under the McKinney Act, lease it to a Native American Indian tribe and develop it for gaming purposes. The Native American Indian Counsel is also supportive of our proposal, since very few Indian gaming facilities exists east of the Mississippi. A portion of the gaming revenues would be pledged through the lease, to the exclusive benefit of the Homeless located in Rochester, New York. This proposal is an economic proposal, and will be similarly denied under HHS’ unwarranted internal policy. Millions of new revenues to assist the homeless will again be lost. The Town of Marion, the Indian tribe, and the homeless all suffer because of HHS’ refusal.
  • Eight Story Federal Office Building Albuquerque, New Mexico – In the heart of downtown Albuquerque lays a 270,000 sf surplus federal office building in need of considerable repair, however, located in a prime commercial market. We have another application for another non-profit, also located in upstate New York, to sublease this building to a developer as-is and pledge those revenues to benefit the homeless in upstate New York. This application too will be denied under HHS’ ‘no economic development’ internal policy. If the current as-is rent is only $10/sf on this property, and the lease is for 75 years, the lost cash benefit to the homeless from this unfortunate HHS internal policy is $200+ million dollars; from just this one property alone (and the feds have over ten thousand of them!)

There is no reason that America has a homeless problem given the McKinney Act but for the obstructive administration of the applications by the Dept of Health and Human Services. In just the three applications that our firm has before them, something close to a billion dollars in new homeless revenues would result; but will be lost until someone opens the roadblock now at HHS.

We would be happy to come meet with you, and/or HHS with you, or discuss these applications in any matter that you wish, in the interest of clearing the way for McKinney to provide millions of dollars in lost revenues to assist the homeless. Please advise what your office can do to assist. Thanking you in advance for your kind assistance.

Tuesday, November 13, 2007

  • Booklet No. 4, Kentucky-Indiana Bridges, The Facts is a study of the underlying facts relative to our current bridge program. As a professional engineer, I know that designing solutions is easy when the facts are known. The great political debate over what direction the current program should take arises from hiding the facts from the public. Reveal the facts and the confusion disappears.



When the facts are made known; the solutions are obvious.


FACT #1 - 94,560 vehicles/day cross the Sherman Minton Bridge (136 % capacity)[1], cite INDOT p.9

FACT #2 – 101,940 vehicles/day cross the Kennedy Bridge (103 % capacity)[2] 2000 count, cite INDOT p.35

FACT #3 – 95,000 vehicles/day travel I-64 east of the Kennedy Bridge to I-264 (163 % capacity)[3], cite KYDOT p.12

FACT #4 – 122,000 vehicles/day travel I-65 south of the Kennedy Bridge to I-264 (145 % capacity)[4] cite KYDOT p.13

FACT #5 – 177,000 vehicles/day travel I-264 east (Watterson) of I-65 to Newburg Road (177 % capacity)[5], cite KYDOT p.14

FACT #6 – KYDOT estimate that 31,900 vehicles/day will cross the new East End I-265 bridge (37 % capacity)[6] cite KYDOT p.30

FACT #7 – Louisville traffic is primarily a local commuter caused issue; not an interstate travel issue. Only 43,000 / 196,500 = 22 %[7] of the bridge traffic is interstate travel and 70% of the interstate traffic is on I-65 going north-south.

  • I-65, 30 miles north of Louisville 30,000 vehicles/day, cite KYDOT p.13
  • I-64, 30 miles west of Louisville 13,000 vehicles/day, cite KYDOT p.12
  • I-71, 30 miles east of Louisville 26,000 vehicles/day, cite KYDOT p.15
  • I-65, 30 miles south of Louisville 35,000 vehicles/day, cite KYDOT p.13
  • I-64, 30 miles west of Louisville 30,000 vehicles/day, cite KYDOT p.12

FACT #8 – 69,000 vehicles/day travel I-64 between the Sherman Minton & Kennedy Bridges ( 93 % capacity)[8], cite KYDOT p.12

FACT #9 – Building the Kentucky-Indiana Bridge and Spaghetti Junction program is not a total cure to the I-65 & I-265 Louisville traffic issue

FACT #10 – TARC wants light rail now along I-65 south of the Kennedy Bridge to Brooks exit, cite,

FACT #11 – 72,000 vehicles/day feed onto I-65 from north Bullitt County, cite KYDOT p.13

FACT #12 –94,560 vehicles/day travel I-64 between the Kennedy & Sherman Minton (136 % capacity) cite KYDOT p.12, that “86”64 impractically wants to eliminate. Forcing this traffic onto I-65/I-265 in Southern Indiana adds 5 to 10 miles to these commuters’ travel and increases I-265 traffic volumes in Southern Indiana from 45,000 vehicles/day (80 % capacity)[9] to become 139,000 vehicles/day (315 % capacity)[10] cite p.9.


OBVIOUS SOLUTION #1 – I-65 at Kennedy needs new bridge (103% capacity)

OBVIOUS SOLUTION #2 – I-64 between the Kennedy and Sherman Minton is necessary (93% capacity). I-265 in Southern Indiana cannot take the strain (315% capacity) if I-64 is eliminated along the river.

OBVIOUS SOLUTION #3 – East End Bridge is foreseeable but not necessary to current program (37% capacity)

OBVIOUS SOLUTION #4 – Light rail along I-65 (south of Kennedy), I-64 (east of Kennedy), and I-264 (east of I-65) is now needed as part of comprehensive solution (145%, 163%, and 177% capacities, respectively):

OBVIOUS SOLUTION #5 – I-64 at Sherman Minton needs new bridge (136% capacity)

OBVIOUS SOLUTION #6 – West End Bridge on I-265 is not needed



#1 – Light Rail to address crowding on I-65 and I-64 south of the river

#2 – New downtown Ohio River Bridge on I-65

#3 - Expansion of Sherman Minton Bridge on I-64

#4 – New east end bridge on I-265


Louisville’s traffic problem is not only (or primarily) a bridge problem or even a spaghetti junction problem; the real traffic tie up starts south and east of there. I-64 east of Louisville is way over capacity before it gets to spaghetti junction. Not to say that Louisville does not need new bridge capacity; it does on both of the I-65 and I-64 bridges. However, what Louisville needs even worse is what TARC was studying in 2003; a light rail transit solution to I-65 and I-64 south of the river.

The East End Bridge is foreseeable; however, it is not an important part of the current solution. I-64 along the river front is too critical to remove, unfortunately. The current as-planned KY-IN Bridge/ Spaghetti Junction $3.9B program will not cure Louisville’s traffic problems. A modified more comprehensive solution is required to address the above priorities. Add light rail, add capacity to the Sherman Minton and, if necessary, delay the east end bridge.

Let the facts drive the then obvious solution.

[1] ((94,560-13,000 interstate) /6 lanes)/10,000* x 100 = 136% (*) FHWA optimum at 2,000/lane/hour

[2] ((101,940-30,000 interstate) / 7 lanes) / 10,000 x 100 = 103%

[3] ((95,000- 30,000 interstate) / 4 lanes) / 10,000 x 100 = 163%

[4] ((122,000- 35,000 interstate) / 6 lanes) / 10,000 x 100 = 145%

[5] ((177,000 – 0 interstate) / 10 lanes) / 10,000 x 100 = 177%

[6] ((31,900 – 10,000 interstate*) / 6 lanes*) / 10,000 x 100 = 37% (*) assumption

[7] (30,000 + 13,000) / (94,560 + 101,940) x 100 = 22%

[8] ((69,000 – 13,000 interstate) / 6 lanes / 10,000) x 100 = 93%

[9] ((45,000 – 13,000 interstate) / 4 lanes / 10,000) x 100 = 80%

[10] ((139,000 – 13,000 interstate) / 4 lanes / 10,000 x 100 = 315%

There is another unclaimed field; cemetery intellectual property. Patent rights on unique means and methods of designing, managing, operating, etc cemeteries. A quick search of the US Patent office yielded 314 existing patents mentioning "cemetery" and 3,034 existing patents mentioning "burial"; digging deeper one will find that most of these patents are individually owned. I have an under-utilized patent program that targets and organizes similarly subject matter patents into small groups, whereby they are then leveraged for royalties. All you need are a few broad patents to literally exclusively control the field. Another fun program to possibly explore is to gather up a couple of dozen key patents in this industry and become the foremost depository of patent holdings in the industry. It is not far fetched to envision quickly turning this patent depository into a revenue generator for KCA of several millions of dollars a year. If the U.S. death care industry is a $30B/year industry, the patent royalties generated by this industry could be 5% or $1.5B/year

Monday, October 22, 2007



Patent rights are founded in the U.S. Constitution and intended for We the People of America. In order to motivate America to greatness, our Founding Fathers rewarded inventors with exclusive powers (patent rights) to claim for a limited time the riches arising from their creative efforts. Soon thereafter, an evil legal fiction arose in the name of the “corporation”, clothing itself legally as if it were a person of equal rights and bargained away, in exchange for employment, the Peoples’ patent rights. After a century of abusive treatment of the People by these corporations Labor organized and has fought for yet another century in vain to regain equality.

These corporations took America’s greatness, its inventive rights, its patented riches and abandoned the People for cheap foreign labor. Corporations are ghostly fictions with no home, no family, no loyalty to country or its freedom bought with blood; the opposite in every way from the People. Labor is family, country, sweat and blood. Organized Labor can NEVER reclaim the America stolen from it by these ghostly fictions until Labor reclaims its right for the People of their exclusive powers (patent rights) to riches created by their work. Labor is one hundred years late demanding back its fair share of this most fundamental right; without which Labor has no power, and never will.

Patent Law

The patent law field is large, old and international; here is not the space to adequately expound. Suffice it to share a few fundamentals for those novices in the field.

  • Founded in the Constitution; “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” U.S. Constitution Article 1 Section 8 Clause 8. (emphasis added)
  • What is Patentable? “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new or useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title” 35 U.S.C. 101; “Anything under the sun that is made by man” Diamond v. Chakrabarty, 447 U.S. 303, 308-9 (1980).
  • Patent Rights Gives Labor “...the right to exclude others from making, using, offering for sale, or selling the invention throughout the U.S. or importing the invention into the U.S…(and)…such grant shall be for a term beginning on the date of which the patent issues and ending 20 years from the date on which the application for the patent was filed…” 35 U.S.C. 154 (a)(1-2).
  • “Courts may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.” 35 U.S.C. 283. Injunctive relief is the heart of a patent’s power.

Auto Industry’s U.S. Patent Holdings

General Motors 10,352 patents

Ford Motor 4,806 patents

DiamlerChrysler 4,433 patents

Toyota 10,532 patents

Mazda 2,362 patents

Honda 12,269 patents

Nissan 8,995 patents

UAW 0 patents

Labor has lost its ability to effectively bargain having forfeited its voice (control) in the product.

Patent Resources Available to Labor

Ideally, Labor would have bargained long ago for an equal say in the exclusive patent rights arising from its workplace. Had Labor done so, the corporations could not have now gifted abroad the know-how of America’s Labor and spawned new generations of foreign competition that continue to pull America down. However, the big corporations do not control all U.S. patent rights, even in their own industries; far from it. Labor should pursue an aggressive (catch-up) policy of acquiring, bargaining for and forming strategic relationships with others in order to amass a powerhouse of their own patent rights from which to bargain. Such resources include;

1. Federal and State government holdings.

2. University holdings.

3. Small business holdings.

4. Foreign entity holdings.

5. Individual holdings.

6. International patents.

7. Bankruptcy assets.

8. Future Bargaining table negotiations for existing and future patent holdings.

9. Inventive membership new ideas.

Each of the above resources represents tens of thousands of patents that may apply to empower Labor. Each of these resources has its own special needs and interest whereby they might sell, license or team with Labor to the mutual benefit of both.

Potential Power of Patents at the Bargaining Table

Once Labor controls its own cache of patents which reads on their work product, enormous new powers are afforded Labor at the Bargaining Table, including;

  1. Organizing: “the right to exclude others from making”. Exclusive rights.
  2. Labor becomes a true partner with its corporate employer and has the ability to exclude the employer “from making, using, offering for sale” without the acquiescence of Labor; thus acquiring an equal voice in wages, benefits and all other matters.
  3. Stop foreign outsourcing when the employer intends to import back into the U.S. using Labor’s “right to exclude others from…importing the invention into the U.S.
  4. Labor obtains a voice in corporate out-sourcing, joint ventures, divestitures and mergers by having the “right to exclude others from …selling the invention throughout the U.S.
  5. Stop or acquire a voice in foreign outsourcing if the patent rights are international and apply to other foreign markets.
  6. New revenue generation whereby patent rights are leveraged for significant new royalty income in lieu of traded between friendly corporate competitors with no benefit to Labor.
  7. Labor could benefit financially from foreign royalties derived from foreign use if Labor held patent rights.
  8. International competition and import product can be held at bay when infringing on patent rights held by Labor; thus protecting U.S. Labor and markets.
  9. Labor could share in and benefit from R&D such as G.M.’s investment in clean air technology and potential royalty proceeds both nationally and internationally.
  10. Strategic relationships whereby Labor and industry co-invest in R&D for the development and protection of new marketshare.
  11. Like Justice Brandeis envisioned a century ago; a true business marriage of Labor and Industry whereby each recognizes the mutual dependence on the other.
  12. Organizing foreign markets using foreign patent rights that afford Labor exclusive rights; potential of global Labor expansion.
  13. Control jurisdictional disputes or capture new scope using patent rights.
  14. Political clout and influence as Labor provides politicians the means to curb corporate outsourcing and erosion of America’s standard of living and wages.
  15. Labor should share in the financial benefit of the industrialization of Asia which is dependant on America’s know-how by controlling the patent rights relied on by Asia for its development.
  16. Increase the term of the Bargain agreement by reliance on long term patent rights and their powers.
  17. Offer to pick up the legal sword, both with and for industry, using patent rights (both domestic and foreign) to curb and control in foreign competition.
  18. Take Labor to a new level of Bargaining sophistication in the global marketplace as Labor is afforded exclusive powers and injunctive powers through patent rights; as to who does what, when, where and how.
  19. Reverse the reduction of influence of Labor in the market and instead provide a critical long term future to your membership by holding patent rights that define and protect their work. Build membership.
  20. Use patent rights to expand Labor’s market in new technologies and product evolution.
  21. Mitigate loss from automation by owning and benefiting from the patent rights to the new processes.
  22. Develop new inter-Labor alliances using patent rights for increased Bargaining leverage.
  23. Become the marketing arm to others in your industry using patent rights e.g. universities, government, foreign entities, etc.


Unless Labor acquires the patent rights to protect its membership and America’s work product the corporations will soon destroy both; gifting everything that is great in America to the cheapest foreign labor it can find. We are rapidly evolving into a world of corporations, without ties to people or national boundaries; where labor is but another expendable commodity in the corporate process. But it does have to be that way. Only Labor’s strong leadership can save us now. The key to America’s salvation resides in our U.S. Constitution’s vision of claiming patent rights for the People. Please, for our children’s sake, reclaim this vision for the People.

October 8, 2007

Stephen A. Brooks, JD, PE

(502) 896-2301

Upon your encouragement I prepared the enclosed memorandum on the potential power of patents at the bargaining table; something I believe earnestly. We are where we are today, unfortunately, solely because industry has them and Labor does not.

I request three things, actually just one; 1) I want to empower UAW, 2) I request the opportunity to meet, explain and answer UAW questions on the matter, and 3) I want the opportunity to work non-stop to organize the patent program for UAW. Together, I want to save America from corporate pilferage.

He who controls the patent rights controls the work. Take GM’s health insurance deal in exchange for an equal say in GM’s patent rights (past and future). Job security for UAW is won. It is that simple. Nothing more needs be discussed. UAW is a true partner with GM in all business decisions forevermore.

Friday, October 19, 2007

UAW letter #1

Subject: Union Empowerment Using Intellectual Property

Application to General Motors Negotiations

Dear Mr. Segal:

GM has a $6B a year R&D and aggressive patent program intent on capturing its share of the upcoming improved fuel efficiency push. It currently owns 10,339 patents and has 337 patent applications in the works. That is a huge portfolio.

Surprisingly, GM is not leveraging this patent portfolio for billions of dollars in annual royalties as do many other international corporations. I have always suspected the automotive industry of passivity and collusion; to the detriment of the employees, America and its stockholders.

My plea for Mr. Gettelfinger as GM pressures for more and more Labor concessions is to ask for an equal ownership stake in GM’s intellectual property portfolio for Labor. It is grossly undervalued on their books and possibly under-appreciated by GM’s management. It is currently used as a shield only to protect their turf and not, as it should, also a sword to garner large new revenues from competitors. Labor should share in its patent portfolio ownership, powers and enforcement; forging a true marriage in this fight for mutual survival.

GM 2006 Annual Report

December 31, 2006                                                   Values in Millions
Amortizing intangible assets:                                       Amount                   Amortization
Patents and intellectual property rights                        $ 488                         $ 169  

Intellectual Property," GM has established aggressive near-, mid- and long-term

plans to develop and bring to market technologies designed to further improve

fuel efficiency, reduce emissions, and provide additional value and benefits to

our customers. These include enhancements to conventional internal combustion

engine technology such as Active Fuel Management, variable valve timing

systems, and six-speed automatic transmissions. In addition, GM currently

offers hybrid-electric buses that are capable of improving the fuel efficiency

of city buses by 25% to 50% and reducing some emissions by as much as 90%.


Research, Development and Intellectual

Property In 2006, GM incurred $6.6 billion in costs for research, manufacturing

engineering, product engineering, design, and development activities related

primarily to developing new products or services or improving existing products

or services, including activities related to vehicle emissions control,

improved fuel economy, and safety of drivers and passengers in GM vehicles.

Labor should not be asked by GM to continually grant concessions without affording Labor a say in affecting its future recovery. The muscle of America is its “know-how”, legalized in patent rights and founded in the Constitution. This “know-how” was created by the People for the People and corporate America has wrongly confiscated it and taken it overseas. Labor must bargain to retain a say in its “know-how”. As GM aggressively seeks to stake its patent claims in clean fuel technology, let Labor share that claim stake and thus secure their mutual future.