Save Our Union
We continue in vigilance and voice....
This page is dedicated to all the letters and emails in support of Saving our Union.
From: LNDJET
To: utula@earthlink.net, v_baffoni@utu.org
Sent: 1/28/2008 10:43:44 A.M. Eastern Standard Time
Subj: Counter Suit supporting merger
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Editors note: Following memo is from John England
united transportation union
GENERAL COMMITTEE OF ADJUSTMENT — GO 020
| John R. England, Chairman vice, Mike Wiemerslage | ||
| January 22, 2008 To: Local Chairmen -- G0020 Re: SMWIA Merger Dear Brothers: | ||
Now that January 1st has come and gone and SMART has been put on hold I am getting some questions at Local Meetings that I attend. This memo is an attempt to explain what happened and where we are today.
The merger between UTU & SMWIA was announced in June at the Kansas City Regional Meeting by President Paul Thompson. While there had been some rumblings about a merger, this was the first time most members and officers had heard anything official. The Board of Directors met three times in Kansas City and unanimously approved the merger based on what they knew at the time. I say "what they knew at the time" because that will play an important part in upcoming events.
By September some rumors and some truths were being uncovered that led members and officers to question whether or not the merger was a good idea. It seems some of the information coming from the International was incomplete and some was just wrong. Facts began to come to light such as changes in pay structure, loss of autonomy and one item that really rubbed some people the wrong way, including me.
It seems that several past officers and special representatives of the UTU were promised jobs with the SMWIA indicating that deals were being cut from the very beginning. One such job was to go to David Hakey. Mr. Hakey was soundly defeated for both elections he was in at the convention in August. The second position was his own Vice Presidents position in which he was badly beaten by a virtual unknown, sending a clear message from the delegates. Unbeknownst to the delegates Mr. Hakey already had a position lined up as Assistant to the President of SMWIA. That was the first sign that this merger was not going to be in our best interest or what we really wanted.
In December four members filed a lawsuit to stop the merger, they felt the merger needed to be halted for the reasons listed in the lawsuit, such as:
The merger negotiations were kept a secret as Kansas City was the first notice that the UTU Vice Presidents had that a merger was seriously being considered, Even though Vice Presidents Futhey and Arnold were on the merger committee.
President Thompson assured the membership that the UTU's autonomy would not be compromised in any way and that the UTU Constitution would remain intact as part of the constitution of the new union.
Articles 23 & 91 of the UTU Constitution require that members be furnished with copies, by mail, of any agreements, settlements, or merger documents.
Although the merger agreement specified that the SMART Constitution would have to be approved by the UTU membership before the merger could be effectuated, the ballot materials did not include a copy of the SMART Constitution.
While the UTU provided some materials on its website such as Questions and Answers and the SMWIA Constitution, the UTU members were never furnished with printed copies of those documents.
At no time prior to, or during, the merger referendum did the UTU provide
its members with written notice, by mail, informing them that this information was available on the website.
Although Thompson portrayed the proposed merger as a genuine merger of two unions to create an all new union, in fact it would not be a merger in the traditional sense, but rather an acquisition of the UTU by SMWIA.
The American Arbitration Association which conducted the balloting showed that only a total of 12,097 ballots were returned. There are 84.679 members in the UTU.
The lawsuit continues to indicate that President Thompson failed to comply with the UTU Constitution Article 91 when he failed to send the merger information out by U.S. Mail. When he failed to comply with this he breached the contractual duties owed to the UTU membership under both the UTU Constitution and the Merger Agreement. The lawsuit alleges that "UTU members were forced to vote in an informational vacuum as a consequence of which the referendum was neither fair nor democratic" and "defendants rushed the referendum process so as to deprive members of their right to become informed, to discuss and debate the merits of the proposed merger and to cast enlightened or informed ballots".
The lawsuit asked for five things:
A - Declare that the SMART Constitution has never been approved in accordance with the terms of the Merger Agreement and the requirements of the UTU Constitution, that Defendants violated the statutory and contractual rights of the UTU membership when conducting the 2007 merger referendum whose outcome is, accordingly, null and void;
B – Enjoin Defendants from consummating the UTU's merger with the SMWIA on January 1, 2008;
C – Enjoin the UTU from conducting future merger referenda without first having furnished its members with all material information that will enable them to inform themselves about, and to discuss and debate. not
just the pro's, but also the con's associated with any proposed merger, and to cast informed ballots:
D — Order the UTU to publish a copy of the Court's decision and order in a prominent location in the next issue of it's membership newspaper;
E — Award plaintiffs. such additional relief as may be just and proper, including their reasonable attorney fees and expenses.
A Federal Judge in Akron, Ohio named John Adams agreed in principle to the complaints filed by the four members and issued a temporary restraining order on December 27th to put the merger on hold. What this means is that we are prohibited from moving forward with this merger until such time as the Judge makes a permanent decision. It would be a violation of law and contempt of court to move forward at this time. This leads us to the next step;
On January 3, 2008, seven members of the new Board of Directors wrote to President Futhey requesting "that UTU's legal position at the hearing support the merger of UTU and SMWIA as mandated by the Board of Directors and membership via their recent ratification vote".
Even though a Federal Judge has determined that there is a great likelihood that the former Board of Directors and the membership were misinformed and quite possibly deceived, the seven would like the merger to go forward.
President Futhey has chosen to ignore that request and comply with the Judges order. He has chosen to fight for the memberships right to be informed, he has chosen to fight for the memberships right to defend themselves when being lied to and I believe he has chosen to tell those seven members that whatever political or personal agenda that motivates them to not allow the membership to be informed will just not be happening on his watch.
Another hearing has been scheduled for February 8, 2008 before Judge Adams and several things could take place. He could rule against the plaintiffs and the merger would continue, or he could make the merger agreement null and void and the merger would be off. This does not mean we would never merge with SMWIA, it simple means that any new merger talks would take place in the bright sunlight where everyone could see what was taking place. No back room deals, no personal agendas, and no promises of employment if you do the right thing.
I support President Futhey in this battle as I would support any member whose desire is full disclosure and political transparency.
This is my personal opinion which is based on all the court documents, letters, emails, affidavits and conversations. Please feel free to share this letter and this information. Our union Brothers and Sisters deserve to be informed.
Fraternally yours,
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From: UTU 807 <unitedtransport1@qwest.net>
Date: Jan 23, 2008 2:21 PM
Subject: FW: Merger
To: savetheutu@gmail.com
Feel free to post this on your web page.
Gary W. Crest
Local Chairman
Tucson UTU-807
> ______________________________________________
> From: UTU 807 [mailto:unitedtransport1@qwest.net]
> Sent: Friday, January 11, 2008 1:23 PM
> To: 'utunld@aol.com '; 'jwbaberutu@yahoo.com'; 'utula@earthlink.net';
> 'Royutu1@msn.com '; 'jrcumby@msn.com'; 'VPFitzgerald@msn.com';
> 'ututony@msn.com'
> Cc: ' President@utu.org'; 'AsstPres@utu.org'; 'GST@utu.org'
> Subject: Merger
>
> Brothers,
>
> The members of Local 807 Tucson AZ, made a motion and passed it
> unanimously that we would write a letter to now President Futhey to show
> our support for his actions concerning the merger with SMWIA.
>
> I am now writing to you as the Local Chairman of that Local to show my
> disappointment in the way that you have handled yourself in this matter.
> The facts as I understand them are, that we were misled, possibly lied to
> by Mr. Thompson and that a deal was struck to appoint a member that had
> clearly fallen out of favor of the membership. This point was made very
> clear by the delegates in Florida. With this new information could you
> please explain to me how you can still back this merger?
>
> I am asking that you stop opposing our ELECTED President and stop
> supporting a past President that was never elected to that position.
>
>
> Gary W. Crest
> Local Chairman
> Tucson-807
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
- I know that the UTU pays its Vice Presidents $137,000 annually with daily per diem of $113, mileage, airfare, H&W benefits and the UTU Pension Plan.
- In order for the UTU Vice Presidents to collect these expense allowances they must actually leave their house and perform services.
- Under the UTU Constitution our Officers have to run for re-election every four years. This requires them to be somewhat responsive to the UTU Membership or at least to provide a level of service to the General Committees when assigned to assure their support.
- The base salary for our Vice Presidents who would then be described as General Vice Presidents and would be paid $114,000 annually.
- But, won't all full-time UTU Vice Presidents elected at the 2007 UTU Convention instead be called International Representatives and Organizers of SMART.
- Is it true that once in those positions in addition to the above salary they would be entitled to an additional $96 per day for each and every day of the year ($96 X 365 days) whether they ever left the house of not? That would be another $35,000 per annum to their base salary?
- Wouldn't they also be paid another $750 per month car allowance which constitutes $9000 more that they would receive?
- Is it correct that these payments and expense allowances would be paid whether or not the Vice President ever left his house to actually perform any union services?
- Wouldn't they also receive payments and/or reimbursements for air fares, rental cars, hotel bills?
- Isn't it true that the Sheet Metal Workers Pension Fund is also being offered to those Officers?
- Is it true that if they freeze their UTU Pension they can enroll in the above plan?
- Weren't the Officers also offered the SMWIA 401 K plan which is contributed to at 3% by Sheet Metal Workers International Association? And I am also being advised that those who participate can invest at a higher rate should they desire, is that right?
- I've also heard that there are other pension plans and benefits that have yet to be disclosed but that were mentioned by SMWIA leadership to the Officers, is that correct?
- Is it true that all of the Officers would immediately be eligible for the SMWIA H&W Plan which is a no cost plan as opposed to the current UTU GA 107300 which has costs that are associated with it?
- Is it true that the Officers would immediately become vested in the SMWIA Pension Plan?
- Is it possible that the (7) Vice Presidents who want to foist the merger with SMWIA upon the UTU has more to due with monetary gains and benefits to themselves personally than their claimed interest in validating the votes of several thousand uninformed members cast during an illegal and undemocratic merger referendum. And have they forgotten the 50,000 members who never cast a ballot for a myriad of reasons, many because they never even received a ballot, and the rest because they lacked sufficient information to understand the merger issue they were being asked to vote upon?
.......................................................................................................................
Date: Thu, 17 Jan 2008 9:26:51 -0500
From: <tboudreaux9@cox.net>
To: UTUNLD@aol.com
Subject: Merger with SMWIA
Dear Sir and Brother:
Please be advised that as a former 37 year active member of the former SUNA and UTU and now an active member with UTU For Life, I request that you withdraw your request that President Futhey to support the merger with the SMWIA.
I have reviewed the UTU website at least 3 to 4 times each month for many years and have never seen the SMWIA Constitution nor the Merger Agreement between the two unions. The membership should have the right to investigate into the union to be merged with into one union.
Every union officer from the very top to the very bottom should have only one goal in their political career-REPRESENTATION AND NOT POLITICALLY MOTIVATION!!! Remember, you are employed and work for the members not vice versa.
Doesn't each and every member should have the right to elect their UTU International Officers via the Delegates??
Doesn't each and every member should have the right to ratify or defeat a proposed agreement on the property??
Doesn't each and every member should have the right to decide what will be in their union Constitution through the voice of their local delegaters??
Doesn't each and every member should have the right to preserve craft autonomy??
This merger seemed to be moving too fast and the members have not been provided enough information to make a solid decision on their union's future. Seems like the proponents that's pushing very hard for this merger (International Officers) are more interested in their political future including financially.
I strongly urge you and the other seven Board of Directors withdraw your request of President Futhey to merge with the SMWIA. If you are sincerely and honestly interested in the member's interest you need to unify and support President Futhey.
Fraternally yours,
Tyrone Boudreaux
Retired UTU Louisiana State Legislative Director
An Open letter to the membership from General Chairperson J. E. Lesneiwski
 What’s going on at the International? Why hasn’t the SMART merger gone forward? Does our General Committee support this challenge of the merger? These are the questions that have come pouring into my office since the impending SMART merger did not take place on January 1, 2008 as planned.What’s going on at the International is that we have elected a new International President in Mike Futhey, an Assistant President in Arty Martin, and a GS&T in Kim Thompson who have a sense of integrity and a moral conscience. During the buildup to the SMART merger vote the UTU Board of Directors, our General Chairpersons, as well as the entire membership were told that our UTU Constitution would remain “intact” and moved into the Sheet Metal Workers’ Constitution as Article 21B to form the new SMART Constitution. We were led to believe that the SMART merger would have no affect whatsoever on General Committees, Locals, Local Committees of Adjustment, and the Legislative Boards would actually be enhanced by the merger. Any member that attended a Region Meeting in 2007, followed the UTU News in 2007, or reviewed the disk sent with their SMART merger ballot information can attest to hearing this time after time. In our view the UTU would maintain its’ own shop under the former UTU Constitution. Our involvement with the former Sheet Metal Workers would be restricted to merely sharing facilities, International funds, political resources, and our Railway Labor Act experience with the Sheet Metal Workers International Association (SMWIA). Other than that, it was our understanding we would do our own thing and the Sheet Metal Workers would do theirs. That is what was portrayed to each of us officers by the former UTU administration, and that was what we, in turn, portrayed to our membership as well (note that I, myself, released an endorsement of the SMART merger based on this propaganda). During his transitional briefing then-International President Elect Futhey apparently learned that all was not as it was portrayed in speeches and releases regarding the impending merger. Although nothing had been settled, there were a number of questions in dispute regarding the integration of our UTU Constitution into the SMWIA’s Constitution. Apparently SMWIA President Mike Sullivan wanted these constitutional conflicts resolved, and was not content to allow our UTU Constitution to remain “intact” within the new SMART Constitution indefinitely. There were several changes he intended to make and, if these changes could not be negotiated, the SMART Merger Agreement required that the conflicts be resolved through an arbitrator appointed by the President of the AFL-CIO. The proposed changes to the former UTU Constitution, if they came to fruition even through arbitration, would have decimated much of what we currently recognize as the UTU Constitution including, but clearly not limited to, our craft autonomy, autonomy of our General Committees, term of officers, timing and conduct of conventions, as well as eliminating our UTU Executive Board and Board of Appeals. To his credit, our newly elected International President did not sit idly by and accept this to merely get along with SMWIA President Mike Sullivan and collect his paycheck at the expense of our membership. He took one look at the conflicts in dispute and, recognizing the membership was not even aware these issues were being contemplated, he informed Mr. Sullivan (paraphrasing) … this is not what our membership voted on, and it is not acceptable. President Futhey has a big problem with deceiving the membership. Isn’t that refreshing? At the same time the details regarding the previously unknown conflicts to be resolved between the UTU and SMWIA Constitutions began to leak and a lawsuit was filed in U.S. District Court for the Southern District of Illinois by four UTU members who identified themselves with support from a group labeled “Save the Union”. The suit alleged a “blatantly unfair and undemocratic merger referendum” and sought to have “the referendum declared unlawful, and to have the defendants enjoined from consummating the merger of their Union with the SMWIA, scheduled to occur on January 1, 2008.” Knowing what he then knew, and wanting to do the right thing by his membership, International President Elect Futhey courageously defied SMWIA President Sullivan and (then) UTU International President Thompson by lending his support to the lawsuit and, in fact, providing an affidavit in support of the “Save the Union” plaintiffs. Therein he illustrated where he felt he (and we) had been deceived, and forthrightly provided all the information he now had regarding what he no longer termed a merger, but rather “… an acquisition of our Union by the Sheet Metal Workers”, adding that he now knew “…that our autonomy will be compromised, politically and financially, and that our Constitution will be very significantly and substantively changed in a host of ways.” Upon petition of the defendants the lawsuit was moved to the U.S. District Court for the northern District of Ohio, Eastern Division, located in Akron, Ohio. There the Judge granted a Temporary Restraining Order on December 27, 2007 to the “Save the Union” plaintiffs finding that: “(a) plaintiffs have shown a strong likelihood of success on the merits, that (b) they would suffer irreparable harm if injunctive relief were to be withheld while defendants will suffer little if any harm if injunctive relief is granted, and that (c) the public interest would be served by issuance of a temporary restraining order…” That TRO was extended by the Court to February 8, 2008 in order to give the parties an opportunity to explore a mutual resolution in the best interests of the membership. International President Mike Futhey, Assistant President Arty Martin and GS&T Kim Thompson continue to support the Akron lawsuit to vacate the former blind merger vote. They support putting the full record before the membership for an informed vote or, in the alternative if a responsible merger agreement and constitution cannot be consummated with the SMWIA, total dissolution of our merger talks. Clearly International President Futhey’s campaign talk about an honest and inclusive administration was not idle rhetoric. He has staked his reputation, as well as his own political future, on protecting our rights to full and accurate information before making such a monumental decision regarding the future of our Organization. Let there be no question that this General Committee stands wholly in support of the above efforts by International President Futhey, Assistant President Martin and GS&T Thompson. We also support the judicial efforts of the “Save the Union” plaintiffs in promoting the full disclosure of effects from this or any merger on the membership prior to their casting a vote on same. |
Letter to Vice President Baffoni from General Chairman Russ Gaillard UTU L. 1582
From: LNDJET
To: utula@earthlink.net, v_baffoni@utu.org
Sent: 1/18/2008 11:57:05 A.M. Eastern Standard Time
Subj: Letter to President Futhey & current counter suit
