My Level 1 Grievance Against Santa Claus

Mo Morrissey
Mr. Santa Claus

North Pole

I represent Mo Morrissey. As his representative, this will serve as formal notification of a Level I grievance, as required under the social contract between S. Claus, Inc. (hereinafter known as "Santa") and "All the Good Boys and Girls" (hereinafter known as "the Kids"), for the inappropriate placing of Mo on the "Naughty" list and without good cause.

Speaking to Mo's membership in the "the Kids" class, while he is sufficiently of age as to no longer be covered by the term "boy," we refer you to the 1944 Mel Torme song, "The Christmas Song," wherein the group "kids" is defined as "...from one to ninety-two." As this definition has gone unchallenged, it is the working definition of those covered under this social contract, and Mo clearly falls within the boundaries.

We take the position that Santa without good cause placed him on the "Naughty" list and treated Mo as such for purposes of gift giving in the Christmas of 2008. Any evidence that Mo has, in fact, been naughty this year, is procedurally barred due to the failure to properly notify him of this assignment to the naughty list.

Article I of the social contract states that no kid will be placed on the naughty list without good cause and Santa will not arbitrarily or capriciously appoint such kid to the naughty list without due process. Mo was given no notice of his placement on the Naughty list, nor was any opportunity given to hear evidence or speak to the charges against him. Santa, in this case, placed Mo on the list in violation of the social contract.

Placement on the naughty list carries with it not only the stigma of having achieved a special sort of notoriety, but the additional penalty of a sub-par showing of presents on Christmas morning as defined by a minimal number of items under the tree as requested in his Article II "letter to Santa" (this document - which was delivered to the North Pole in the required format, no less than 3 weeks before Christmas morning as required - is enclosed with this letter). Imagine Mo's surprise when, upon waking up to find Santa indeed came to his home, he found little of what he asked for on his Christmas list. The return receipt clearly shows "Hermie the Elf" signed for his letter two days after Thanksgiving day.

In consideration of Santa's violations of procedure, we submit the following remedy of this grievance for your consideration. Removal of Mo's name from the 2008 Naughty list, and an additional item from his Article II letter to Santa, with preference being given the SUV or in the alternative, we would be willing to consider the requested number of gold bullion bars.

In the absence of settlement, please confirm with my office a date and time for a grievance hearing. We are certainly interested in concluding this matter at the earliest possible stages of the grievance process as a protracted grievance serves no ones interest - particularly as you begin your winter vacation. Please do, though, bear in mind, the time requirements of the grievance process.

Sincerely,

The offices of Dewey, Cheatum, and Howe

Published by Mo Morrissey

Mo has a lifetime of experience as a suffering Red Sox fan, but is a general jack of all trades.   View profile

8 Comments

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  • Marie Lowe 11/19/2009

    Santa quit my house a long time ago.

  • SAIKAT KUMAR DUTTA 1/8/2009

    Good article..

  • pneumonia-pony 12/31/2008

    I enjoyed the legal humor, especially considering how America seems hopelessly addicted to litigating the crap out of everything. I hear Santa's legal team is wicked, how else could he have dodged the Fey v.Claus case of 1973?

  • Angelique 12/29/2008

    What? Naughty behavior doesn't get rewarded. I got plenty of presents from Mr. Claus...and I have not been NICE. :P

  • Fragnoli 12/29/2008

    Hmm, this is clever. But let's consider for a moment that maybe Santa didn't put you on the naughty list, maybe he indeed removed you from all lists, as he recently came under the understanding that Mo Morrissey "doesn't really exist".
    :)

  • Maria Roth 12/29/2008

    I need a few more details: what, exactly, did you do to get yourself on the naughty list? (I need to know so I can avoid the same "naughty" behavior in the future. Santa didn't bring me any gold bars this Christmas, either.)

  • Linda Johnson 12/29/2008

    I love this! But don't expect any kind of satisfaction over ths grievance, Mo. Sant'as gone underground for another year.

  • Ryan Lester 12/29/2008

    Very clever Mo.

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