Railroaders place to shoot the shit.

CLEVELAND -- Internal trials before the UTU Executive Board began Feb. 3 for four UTU International vice presidents accused of being agents of a competing union and failing to follow the directives and policies of the UTU International president in violation of their oath of office and various provisions of the UTU constitution.

On trial are UTU International Vice Presidents John Babler, Vic Baffoni, J.R. "Jim" Cumby, and Tony Iannone. Similar charges were filed against former UTU National Legislative Director James Brunkenhoefer, who died Dec. 19, and former International Vice Presidents Roy Boling and John Fitzgerald, who retired Feb. 2.
 
The trials grew out of the vice presidents' actions after a federal court issued an injunction in December 2007 halting implementation of a merger between the UTU and the Sheet Metal Workers' International Association (SMWIA) to form the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.

In halting the merger, the court ruled that the SMART constitution did not accompany the balloting materials. The court urged that a new merger agreement, including the SMART constitution, be negotiated and that a new ratification vote be held.

On Feb. 2, Federal Judge John R. Adams, following a Jan. 30 hearing, denied a request by the vice presidents to halt or delay their internal trials.

Judge Adams said in the hearing that through their actions there was evidence the vice presidents attempted to impede the constitutional authority of UTU International President Mike Futhey, who has been attempting to follow the court's instructions that the merger agreement be renegotiated and revoted.

The International vice presidents, said Judge Adams, are acting "not in their own right, but are doing it at the behest of some third party -- a competing union."

The charges against the vice presidents were brought by rank-and-file UTU members, and are being heard under provisions of Article 25 of the UTU constitution.

Judge Adams held that the International vice presidents on trial are "subordinate officers" of the UTU and that the "International president is the executive head of the UTU, who alone exercises general supervision over its affairs [and] is the person who establishes the policy" as provided by the UTU constitution.

Said Judge Adams, "[The UTU International officers standing trial] have arguably violated their oath [and] refused to follow the directives of the International president under whom they serve."

The court held that Futhey, in declining to implement the merger, was following rulings of the court that the merger "process that was utilized was defective" and that the International officers on trial, who are "subordinate [to the International president] have chosen to go a different path, and have done so, candidly."

Judge Adams said he found "troubling" that the International officers on trial are acting "as proxies ... of another union [that] admittedly is paying them for their services ... to obtain some personal benefit" and that the charges against them "are about much more than merely [free] speech."

He said "there has been evidence [presented] which indicates that the SMWIA has devoted and directed substantial sums of money toward this effort" and that the International officers on trial "are unwilling to participate in any efforts to try to resolve this matter" and that there is "enough evidence in the record to lead one [to conclude] that they are acting not on their own behalf but on behalf of the SMWIA."

In a declaration provided the court prior to the hearing, Futhey presented evidence that former UTU International President Paul Thompson knew that the conflicts in the two unions' constitutions would have permitted the SMWIA, as a controlling union following the merger, to make changes in the UTU constitution "that we can never" get passed by UTU delegates.

Thompson, in comments recorded before he left office, said that a number of constitutional amendments previously approved by UTU delegates would be reversed once the merger was consummated.

Click here to read the transcript from the Jan. 30 hearing before Federal Judge John R. Adams.

Click here to read Judge Adams' Feb. 2 opinion and order denying the defendants a temporary restraining order.