CLEVELAND -- By unanimous vote, the UTU Board of Directors on July 24 passed a resolution that a merger between the UTU and the Sheet Metal Workers International Association (SMWIA) "cannot and should not proceed."
The merger, which was halted by a federal court, would have created, on Jan. 1, 2008, the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.
In reaching their decision, the UTU Board of Directors took note that:
A former UTU International president "erroneously determined" not to present a SMART constitution to the members with the ratification materials for the stated reasons that it would have been too costly and confusing to the UTU membership, and that he anticipated that the UTU constitution would be amended at the August 2007 UTU convention.
As a consequence of this error, UTU members were deprived of a critical document upon which to base their merger vote.
Prior to the merger ratification vote, the former UTU International president and the SMWIA general president repeatedly assured the UTU Board of Directors and the UTU membership that there were no conflicts between the UTU and SMWIA constitutions, but after the vote, a SMWIA memo identified 42 potential conflicts between the two documents.
The UTU Board of Directors is aware that UTU International President Mike Futhey has made every effort to negotiate a SMART constitution to be ratified by the membership with the general president of the SMWIA, who has refused to commence negotiations of a SMART constitution to be presented to the UTU membership for ratification without unreasonable preconditions.
The UTU Board of Directors recognizes that the UTU Constitution grants authority to the UTU International President to set policy as it pertains to the UTU's execution of a merger with another union.
It was therefore resolved by the UTU Board of Directors that:
"The UTU Board of Directors fully supports and concurs in the position of International President M.B. Futhey that the merger ratification vote conducted in 2007 did not approve a merger with the SMWIA because a critical document, the SMART constitution, was not provided to the UTU membership; that a material misrepresentation was made to the UTU membership when it was represented that there were no conflicts between the SMWIA constitution and the UTU Constitution, and therefore a merger with the SMWIA cannot and should not proceed."
The UTU Board of Directors also approved a resolution that four former UTU International vice presidents -- who were removed from office by the UTU Executive Board earlier this month -- are eligible to "serve, if elected [to] any office in the United Transportation Union as long as they remain full dues paying members, and do not fit into the exceptions listed in Article 7 of the UTU Constitution, which are applicable to all UTU members."
In making that decision, the UTU Board of Directors took note that:
The decision of the UTU Executive Board removing those officers was "not intended to impact any membership right" that the removed vice presidents may have had.
Article 7, lines 1-2 of the UTU constitution provides that, "[a]ny member paying full dues shall be eligible for election to any office in the United Transportation Union [with exceptions listed thereafter]."
Article 26, lines 19-21 of the UTU Constitution provides, "An officer who is removed from office may not again serve in any office of the United Transportation Union except upon the approval of the Board of Directors."
The UTU Board of Directors desires to implement that portion of the UTU Executive Board's decision providing that its decision is not intended to impact any membership right that the removed vice presidents may have.
The four former International vice presidents removed from office earlier this month are John W. Babler, Victor Baffoni, James R. Cumby and Constantino A. Iannone. The four were found guilty by the Executive Board of action "in opposition to the established policy of the UTU" and having "usurped the authority of the [UTU] President in violation of [their] duty as a UTU officer."
