CINCINNATI -- The U.S. Sixth Circuit Court of Appeals has ruled that a challenge to a restraining order against the removal of four UTU vice presidents by the UTU Executive Board be heard by a federal district court in Akron, Ohio.
In November 2009, the federal district court issued a temporary restraining order (TRO) against the removal of those officers, who were temporarily returned to office by the lower court.
The matter will now return to the federal district court, which will hear evidence from both sides as to whether the TRO should be made permanent.
In July 2009, the UTU Executive Board found that the officers had violated the UTU Constitution and directed that they be removed from office. The officers challenged that ruling in the federal district court in Akron.
In its November 2009 decision, the district court did not rule that the UTU Executive Boards decision to remove the officers, on the internal charges, was improper or unlawful, but only that there were "substantial and difficult questions that require litigation" before those questions could be resolved.
The Akron court also noted that the existence of these difficult questions was a basis to order the temporary reinstatement of the disciplined union officers -- John Babler, Vic Baffoni, James Cumby and Tony Iannone -- to their prior positions, until the litigation is resolved. Iannone has since taken employment with the National Mediation Board.
