AKRON, Ohio -- The UTU has asked a federal district court here to prohibit further financing by the Sheet Metal Workers International Association (SMWIA) of activities intended to weaken the UTU financially and which are fueling an atmosphere of immeasurable divisiveness within the UTU.
The UTU on Feb. 13 asked the court to rule that the SMWIA is violating the Labor-Management Reporting and Disclosure Act (LMRDA), which prohibits an "interested employer," which defines the SMWIA, from directly or indirectly financing or encouraging the institution of an action by a union member against his or her union.
While the UTU's funds have doubled since January 2008 when the Futhey administration took office, the expenditures encountered due to these SMWIA-financed lawsuits has reduced the UTU's bottom line by some half-million dollars.
Recall that the federal district court in which this complaint was filed previously halted a merger between the UTU and the SMWIA.
The court ruled that UTU members were not properly informed of conflicts between the two unions constitutions prior to the ratification vote. The merger would have created the combined International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.
The court urged that a new SMART constitution be negotiated and written and precede a fully informed ratification vote.
Unbeknownst to UTU members when they originally voted on the merger was the fact that it would have resulted in a takeover by the SMWIA of all UTU general committee decision making.
In fact, there were dozens of conflicts in the two unions constitutions, even though UTU members were told by former UTU President Paul Thompson that no conflicts existed.
But rather than negotiate a new SMART constitution with the UTU, the SMWIA financed a lawsuit brought by seven UTU International officers, as interveners, to force implementation of the merger in spite of the flawed merger process. The court acknowledged allegations that the seven UTU International officers who brought the SMWIA-financed lawsuit are "agents of a competing union."
Additionally, the SMWIA financed a separate lawsuit by these same seven UTU International officers against the UTU after those UTU officers were charged internally for engaging in dual unionism. That lawsuit, rejected by the court, sought to halt internal trials, which began Feb. 3, and are now in recess until May.
The UTU said in its latest pleading, "As this Court is well aware, the SMWIA's purpose is, through its proxies, to further resist this Court's injunction and to force a hostile takeover of the UTU without any further vote of the UTU membership on a fully formed SMART constitution.
"Because of the divisiveness fostered by the SMWIA in their continued financial support of the International officers [acting as SMWIA agents], the UTU has been unable to settle the costly SMART merger litigation and the split UTU Board of Directors has been unable to fulfill its functions under the UTU Constitution."
The UTU also told the court, "Rather than intervene directly in either of the cases before this Court, the SMWIA has instead chosen to achieve its ends through having its surrogate UTU members sue their own officers and union ... with the goal of requiring the UTU membership to submit to a merger that this Court has found was never properly ratified.
"The LMRDA was designed to regulate the relationship between a member and his union, and the [LMRDA] was intended to prevent interested outside parties [such as the SMWIA] from taking advantage of the provisions of the Act by using union members as proxies to indirectly attack a union.
"Plaintiffs and their attorney should be enjoined from receiving any funding from the SMWIA in support of this litigation, including but not limited to the payment of attorney's fees and costs," the UTU told the court in its Feb. 13 filing.
In a declaration attached to the lawsuit, UTU International President Mike Futhey said his numerous attempts to negotiate a SMART constitution, as urged by the court, were rejected by SMWIA General President Mike Sullivan.
Said Futhey: "It is clear from my dealings with Mr. Sullivan that the funding by the SMWIA of the plaintiffs in [these cases is] designed to weaken the UTU financially so that we will be forced to meet his terms."
Separately, the UTU has brought an action before the AFL-CIO, charging that the SMWIA is engaging in a raid of UTU members on a Southeastern Pennsylvania Transportation Authority (SEPTA) bus property in suburban Philadelphia, in violation of Article 20 of the AFL-CIO constitution.
The UTU presented evidence that an SMWIA organizer has been instructing UTU bus members on SEPTA in how to switch their representation to the SMWIA, and that the SMWIA organizer pledged the raid had the support of Sullivan.
The UTU International officers engaged in the SMWIA-financed lawsuits against the UTU include John Babler, Vic Baffoni, J.R. "Jim" Cumby, and Tony Iannone. International Vice Presidents Roy Boling and John Fitzgerald retired Feb. 2, rather than face internal trials on dual unionism. UTU National Legislative Director James Brunkenhoefer died Dec. 19 prior to the start of his trial.
Im a member of the AFL-CIO Committee, and that means you have 13 million workers with you ! We can get through this. Even if the NMB rules against ( us ), the BLE will survive, -----Robert Scardellitti President Transportation Communications International Union
I have just one final message to the UTU: Charlie Little, stop your attempt to raid the BLE and get back into step with labor; particularly rail labor, and help us fight our common enemy, the railroads.----------Mac Fleming, President Brotherhood of Maintenance of Way Employees
No organization, no union has the right to be a wolf in sheeps clothing and do the bidding of your employer. My message to BLE members, well.correcting this problem ( with the UTU ), is a four letter word. Its work-----John Steger, Vice President International Brotherhood of Teamsters
This fight is not just about the BLE. This fight is about all crafts in the rail industry and it may have an impact on all unions.period. We have to stand up, we have to be together, and we have to let the UTU know that were united together.---------Dan Pickett, President Brotherhood of Railroad Signalmen
Sonny Hall-Pres.of TWU--"We must deny the UTU the ability to win their effort's against the B.L.E.."
Morton Bahr-Pres.of CWA-"...You can count on us to use our influence with the NMB in opposition to a single craft."
Leo W. Gerard Pres.of USWA said:the UTU is a "discredit to all of labor."
Michael D.Fanfalone Pres.of the Professional Airways Systems Specialists said:"PASS has supported the BLE in the past and I look forward to our being able to do so again."
Cecil Roberts of the UMW said:".....we therefore will be supportive of the Brotherhood of Locomotive Engineers' efforts in dealing with your dispute with the UTU."
John Sweeney AFL/CIO Pres. said he was "appalled at the UTU's attempt to raid the BLE." and:"The AFL/CIO joins BLE in demanding that the UTU cease its aggression."and:"I join the other unions in urging the UTU to reconsider their position....." and:"If none of this happens we will be as aggressive as necessary in helping you defend the BLE."
Last but certainly not least......James P.Hoffa Pres.of IBT said: "Be assured that the Teamsters will support the BLE in its campaign to convince the National Mediation Board to refrain from changing its long term definition of rail operating crafts to a single craft." and:"You can count on the Teamsters'Governmental Affairs Department to assist the BLE in its lobbying efforts." and:"..we vow to work closely with the BLE on this important issue."
John Sweeney AFL/CIO Pres. said he was "appalled at the UTU's attempt to raid the BLE." and:"The AFL/CIO joins BLE in demanding that the UTU cease itsaggression."and:"I join the other unions in urging the UTU to reconsider their position....." and:"If none of this happens we will be as aggressive as necessary in helping you defend the BLE."
CINCINNATI The Sixth Circuit Court of Appeals will hear arguments April 21 in an appeal from a preliminary injunction halting implementation of a merger between the UTU and the Sheet Metal Workers International Association (SMWIA).
The preliminary injunction was issued last June by Federal Judge John R. Adams, who ruled that the merger could not be implemented pending conclusion of the case, including any appeals that might be filed.
The appeal of that injunction, financed by the SMWIA, was brought by seven UTU International officers, four of whom are now on trial on internal charges of engaging in dual unionism. Two retired prior to the start of their trials, and one died.
Judge Adams issued the preliminary injunction following a challenge to the merger brought by UTU rank-and-file members, who complained to the court that the UTU membership had not been given, for examination, a constitution for the proposed merged union.
The result, said those plaintiffs, is that the UTU membership was not aware of conflicts between the existing UTU constitution and the SMWIA constitution.
Judge Adams made the following points in his June 2008 decision to issue the preliminary injunction:
The court finds that failure to provide [to UTU members prior to their vote on the merger] such relevant information [as the SMART constitution] constituted a failure to disclose the relevant terms of the proposal between the parties. Plaintiffs, therefore, have demonstrated a substantial likelihood of success on their claim that they were deprived of a meaningful vote [in violation of the Labor-Management Reporting and Disclosure Act, or LMRDA].
The court finds that substantial evidence exists to support plaintiffs' assertion [that they will suffer irreparable harm if the merger were consummated without the membership having had opportunity for an informed vote].
The plain language of the merger agreement required approval of the SMART constitution ... While a vote of the membership approved the process by which the SMART constitution would be created, UTU members were not provided any factual information that would place this process in context.
[Former UTU International President Paul Thompson] effectively conceded that it was impossible to inform the UTU membership of the impact of the merger on the UTU constitution until after the convention. Even after that convention had concluded, UTU members still were not provided a SMART constitution. Moreover, a review by the attorneys involved in the merger revealed the possibility of '40-odd conflicts' between the two constitutions.
The court need not resolve the issue of the actual number of conflicts. Rather, the court need only note that the voting members of the UTU were not provided information about the conflicts.
Members were forced to vote with little or no knowledge of the conflicts between the two constitutions that could ultimately lead to a SMART constitution with terms very different than that of the current UTU constitution.
The court cannot find any cognizable harm that would flow to SMWIA. As detailed in the merger agreement, the merger was dependent upon a vote of approval by the UTU membership. Until such a vote that complies with the LMRDA has taken place, SMWIA has no legally enforceable rights under the merger agreement.
The court finds that the public interest weighs in favor of issuing a preliminary injunction. 'The clear policy of the [LMRDA] is to bid farewell to the regime of benevolent well-meaning union autocrats and to give favor to a system of union democracy with its concomitants of free choice and self-determination.' [citing language from the Sixth Circuit Court of Appeals].
Separately, on Feb. 13, the UTU asked a federal district court to prohibit further financing by the SMWIA of activities intended to weaken the UTU financially.
While the UTU's funds have doubled since January 2008, when the Futhey administration took office, the expenditures encountered due to these SMWIA-financed lawsuits has reduced the UTU's bottom line by some half-million dollars.
