The Sheet Metal Workers International Association on March 11 agreed to cease and desist raiding the UTU Bus Department membership employed by the Southeastern Pennsylvania Transportation Authority (SEPTA) and, instead, urge those employees to remain UTU members.
The UTU previously filed charges with the AFL-CIO, asserting that the SMWIA was in violation of Article 20 of the AFL-CIO constitution, which prohibits AFL-CIO member unions from raiding each other's membership.
Also on March 11, AFL-CIO President John Sweeney wrote the Pennsylvania Labor Board requesting the board postpone, for 30 days, the scheduling of a vote on whether those Bus Department members wish to disaffiliate from the UTU and form an independent union.
Such a delay will permit the SMWIA, in conjunction with the UTU, additional time to contact UTU-represented SEPTA bus employees and deliver the message urging them to withdraw their petition seeking disaffiliation from the UTU.
The UTU had uncovered evidence that SMWIA organizers were encouraging those SEPTA bus employees to form an independent union as an intermediate step to affiliating with the SMWIA.
UTU International President Mike Futhey credited the work of UTU organizer Mike Lewis in "developing an ironclad case" that the SMWIA was engaged in a raid on the UTU membership on SEPTA's suburban Philadelphia bus property known as Red Arrow.
Those employees long have been represented by the UTU. UTU and UTU predecessor union representation of bus industry employees in the United States dates to the early 20th century.
UTU General Counsel Clint Miller and UTU Alternate Vice President - South R.W. "Red" Dare made the successful presentation before mediator LaRue at AFL-CIO headquarters in Washington, D.C.
Those SEPTA bus employees indicated they wished eventually to affiliate with the SMWIA out of frustration that a UTU/SMWIA merger had not been implemented on Jan. 1, 2008.
Implementation of that merger was halted by a federal court, which 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 International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers. The court urged that a new constitution be negotiated and written and precede a fully informed ratification vote.
AFL-CIO mediator Homer LaRue observed that disaffiliating from the UTU and forming an independent union would not help to accomplish a UTU/SMWIA merger. In fact, observed LaRue, forming an independent union would prevent those Bus Department members from having a voice in the merger and voting should a new SMART constitution be written as urged by the court.
Specifically, the SMWIA agreed to name two organizers who would join UTU organizers Lewis and Bill Moye in urging the SEPTA bus employees to withdraw their petition for the election.
