Save Our Union
We continue in vigilance and voice....
Save Our Union Updates
November 5, 2009
Brothers & Sisters,
It has been nearly two years now and our struggle to uphold the lawful rights of UTU members continues. As you know, federal District Court Judge Adams issued a preliminary injunction which kept the SMART Merger from going forward until our case has either been fully litigated in its entirety or a settlement has been reached between us, the UTU and the former UTU international vice-presidents who intervened in collusion with the Sheet Metal Workers. Those intervening VPs appealed Judge Adams’ Preliminary Injunction.
On October 23, a three-judge panel (McKeague, Clay & Holschuh) of the Sixth Circuit Court of Appeals issued a decision which, if allowed to stand, would arguably force Judge Adams to dismiss our case in Akron, Ohio. It is a disappointing, convoluted “can of worms” in which the three judges submitted separate and inconsistent opinions totaling 58 pages.
The Intervenors (former UTU Vice Presidents) based their appeal on two issues:
1. That Judge Adams should have dismissed our suit because his court does not have legal jurisdiction to decide the case. – [Two judges (Clay & Holschuh) disagreed with this argument.]
2. The Preliminary Injunction issued by Judge Adams was improperly issued. – [Two judges (McKeague & Clay) disagreed with this argument.]
So, while different 2-member majorities rejected both of the Intervenors’ arguments, somehow the Court arrived at a completely inappropriate conclusion that the plaintiffs’ entire lawsuit challenging the merger referendum should be dismissed -- this, in spite of the fact that neither the intervenors, nor even one judge, found that BOTH of our two legal claims (“causes of action”) should be dismissed.
What Do We Do Now?
As you can easily see from the above “scorecard”, if this decision from the Sixth Circuit Court of Appeals is allowed to stand, it could result in the destruction of not only your rights as UTU members, but also the democratic rights of all union members under the LMRDA. Fortunately, we can submit a “Petition for Rehearing” to the appellate court.
We are committed to upholding the rights of UTU members. Accordingly, on November 4, we submitted a joint Petition for Rehearing to the Sixth Circuit. In that Petition, we pointed out the defects in the panel’s bizarre, tripartite set of opinions and asked the panel either to cure those defects and render a coherent decision or, in the alternative that the full court, comprised of more than a dozen judges agree to rehear the case en banc and render a decision. We are cautiously optimistic that rehearing will be granted.
Sadly, what this all means is that the process will take longer and cost more, but with your support we are committed to upholding the rights of all UTU members and bringing this to a proper conclusion.
What Can You Do?
As you can well imagine, the actions of the four remaining Intervenors (former UTU vice presidents) will perpetuate this long, drawn-out lawsuit and increase litigation expenses, not only to us, but also to the UTU International. They insist on acting as surrogates of the Sheet Metal Workers and opposing the settlement that could quickly put an end to this mess and ultimately let UTU members democratically decide whether or not the SMART merger would be in our best interests.
We appreciate the continued outpouring of support from UTU officers, General Committees, State Legislative Boards, Locals and rank-and-file members.
Unfortunately we find ourselves in the position of being forced to ask for additional financial support. You have been generous in the past. We ask that each of you help us to continue in this battle to uphold our rights and see that the SMART merger is finally stopped, or UTU members are lawfully given their opportunity to vote on a SMART constitution.
Please send your donations to the legal fund. They can be sent to:
Save Our Union
101 Stoney Point Estates Drive
Beebe AR 72012-2089
On the Save Our Union website, you will find the forms and the information for submitting donations. You can also access all the documents submitted to the appellate court and the court’s rules regarding rehearing.
Also we would appreciate hearing from you; you can email us at savetheutu@gmail.com
Please rest assured this “roller-coaster ride” is not over. We are committed to the end. Speaking for all the Save Our Union supporters who have donated so much time, money and information, we say thank you and remain,
Fraternally yours,
Jim Eubanks - UTU Local 656, Little Rock, AR
John Hasenauer - UTU Local 286, North Platte, NE
Ed Michael - UTU Local 979, Salem, IL
Court opinion does not end the Save Our Union effort
October 23, 2009
Friends and Members,
The Plaintiffs like you are very disappointed with the 6th circuit courts split opinion (1-1-1 opinions of the three judges) made today with our case. You can review the courts 58 page opinion (Oct. 23, 2009) by CLICKING HERE or going to the UTU website (www.utu.org).
Let’s make it clear though that WE are not close to becoming SMWIA/SMART members as some are now stating. This is our Battle of the Bulge and we certainly do have some hard work ahead of us. We do feel very optimistic about our opportunities to have our position restated to the 6th circuit court.
We will carefully review our legal options including filing with the court a petition of rehearing. We have two weeks to file for the rehearing and we can still reinforce our case to the non-majority decision of the court.
Unfortunately, there are some folks out there suffering from self inflicted delusion that this case is over with this court opinion. That’s simply not the case! The plaintiffs, like the UTU leadership, are in this for the long haul and the plaintiffs’ lawyer and the UTU lawyers will examine various legal choices to continue the battle of your right to a meaningful and fair vote of a poorly made merger effort.
Your comments made on the forum are appreciated. You may see some offensive opinions on the forum over the next few days but we shall freely allow for all comments as long as these comments are not a threat, profanity or demonizing.
Thanks for your continued support,
Save Our
An Open Letter to All Save Our Union Supporters:
July 9, 2009
LET’S BE HONEST!
First, we want to thank each and every one of you for your invaluable support throughout our long ordeal of fighting the attempted sell-out of the UTU in the SMART merger debacle. It continues to be a difficult struggle and the progress we have made could not have been possible without you.
Many of you have provided invaluable information and materials that have proved to be critical to our successes. In addition to digging deep into your pockets to help with the continuing legal expenses, many have generously given tons of their personal time. It has been your financial support, and that of innumerable UTU Locals, General Committees and other bodies, which has enabled Save Our Union, to date, to prevent the largest rail union in
Second, we want to remind you that the battle to save the UTU from the SMART merger is far from over. It is easy (and definitely comes as no shock to anyone) for politicians to stand before the party faithful and thump their chests and proclaim a premature “Mission Accomplished”. While we are genuinely pleased that the UTU Board has decided overwhelmingly to "walk away" from a merger with SMWIA, our mission is not yet accomplished.
We must keep our eye on the ball and remember that the real battle remains in the
We hope that Mike Sullivan, President of the Sheet Metal Workers, will soon turn a cold, hard eye of assessment on the entire situation and finally conclude that he really does not want the UTU as it exists today. Paul Thompson and others secretly convinced him the UTU was ripe for plucking. Thompson tried to show Sullivan that he could convince many of us to happily ignore his hidden agenda and approve our own demise. Indeed, Thompson and company came very, very close to succeeding.
We have shown Sullivan that we are a very different union today and we believe he really doesn’t want a union in which there is such strong unity among and between an enlightened and activist rank-and-file and so many of their elected officers. As a Save Our Union supporter, you have made the difference.
Please don’t believe that the political posturing will automatically spell the end of our struggles. While we are confident of prevailing in court, as they say, "it ain’t over until the fat lady sings." We will be proud to stand shoulder to shoulder with you and see this battle to its end. It will truly be YOUR efforts that rescue this great union from the brink of disaster.
In solidarity,
Jim Eubanks – UTU Local 656 –
John Hasenauer – UTU Local 286 –
BROKENRAIL AWARD ISSUE
May 8, 2009
Brothers & Sisters,
The following letter was forwarded to us from several Delegates who have taken an active roles is supporting the effort to uphold our rights to a fully-informed vote on the SMART merger. They have worked tirelessly to support the Save Our Union effort.
They pose a very good question to all of us. Do you believe it is right to spend your dues money to honor one of those International officers who played an important part in Paul Thompson’s sellout of your rights? Brokenrail was right there supporting Thompson’s efforts to destroy the UTU.
Save Our
If your State Legislative Director does not publicly state his position, you would be entirely within your rights to write and ask him to do so.
UTU James "Brokenrail" Brunkenhoefer Legislative Award
Dear UTU Brothers & Sisters:
There is currently an on-gong debate among the Association of State Legislative Directors on how they intend to spend membership dues money to create and distribute annually an award to honor former National Legislative Director James M. Brunkenhoefer.
Yes, this is the same James M. Brunkenhoefer who was brought up on charges for serious violations of the UTU Constitution which included amongst them “dual unionism” for his alleged complicity in the behind the scene activities of the attempted SMART merger. He along with his comrades, the other six dwarfs who all had trials that started on February 14, 2009 and are due to reconvene on
Interesting to note is that in honoring former NLD Brunkenhoefer, the State Legislative Directors want to spend your dues money and not contribute from their own pockets. I would also question the judgment of these directors in bypassing the great National Legislative Directors of the past; Al H. Chesser and James R. Snyder who handled crucial legislative issues that dealt with the very survival of the railroads and our members who were employed on them and garnered huge protection benefits for us within UTU.
The below listed excerpts show the thinking of this group from emails exchanged by them:
“1) Find 50 lb rail that we can cut into 6 inch pieces, have it cleaned up, chrome plated and mounted on a piece of mahogany (around $80.00 a unit) with the inscription placed onto the wood base. Issues; the 50 lb rail is hard to find. I knew of where some was and found out yesterday it was just recently scrapped. If anyone knows the location of this size rail, please let me know as it would reduce the weight and size of the project. 80 /90 lb rail is simply to large and heavy. Cheap to do and could be substantial, but need to find the material, and enough of it to do the job.
2) Make the award smaller with a pre-made rail award ($50 a unit) that they can mold the UTU logo inside the brass, placed onto a mahogany base again, with the inscription. Issues, it is much smaller, about 2 1/2 inches in total height which does not make a significant presence which in my opinion does not match the person we are attempting to honor. Brokenrail could light up a room with his personality and I believe the award should do the same. We can add a glass box wood trimmed box in which to place the award inside for additional professionalism but again, it is small.
3) Make it out of crystal (costly) or Lucite, can be any size we want, shaped into a broken piece of rail we can design, one piece matching attached base, etched or "floated" internally with the UTU logo. The cost for these are all over the map. I did not pursue until I had more feedback on which direction to go with. Lots of options here.
4) The nicest, but most costly. We can have a mold made with the UTU logo placed inside the web of the rail, made any size we want out of any material we want. It was suggested that we use brass as it is lighter and cheaper than other metals. It would be placed onto a mahogany base again, with the inscription. Issues are, very expensive. Original mold/casting costs will be around $1200.00 with each piece around $150.00 thereafter. Very nice, very substantial...very expensive.”
I guess that the question that comes up by the average member is; “Did anyone ask me if I want to spend my dues money honoring a former officer who would be standing trial right now if he had not passed away?”
I would also question if the State Legislative Directors are actually in tune with how the members feel about this issue. It sounds more like they are out there once again representing their own interests and feelings and not the rank and file dues paying UTU member.
It has also been pointed out that should the State Legislative Directors be allowed to use the membership’s dues money for something like this; where will it stop and what will it mean? Will the State Legislative Directors select an honoree to be sited at a UTU Regional Meeting and as soon as that “friend of labor” is handed the James M. Brunkenhoefer Award will he or she be booed by the many members who did not support this officer’s last endeavor before his death?
Perhaps these same State Legislative Directors could due something useful by raising money to assist us in offsetting the almost one million dollars in legal expenses brought about by James M. Brunkenhoefer’s last exercise as our UTU National Legislative Director along with his six cohorts.
Are these the legitimate activities of a UTU State Legislative Director or are they once again floating their own balloon? You be the judge.
Concerned Delegates committed to “Save Our Union”
SMART' UPDATE – May 2, 2009
On April 21st a 3-judge panel of the U.S. Court of Appeals for the Sixth Circuit in
The lawyers only had 15 minutes per side to address the Court and answer questions. (Fox and Guerrieri had to share their 15 minutes.) As a consequence, there is no way to predict how the court will ultimately rule. In the end, it is the parties’ written legal briefs that are most likely to influence the Court. We know we are on solid legal ground and feel that we will ultimately prevail.
Meanwhile, the UTU Executive Board hearing of the charges against the remaining four Intervenor VP’s will resume on May 18th The UTU is also still waiting a ruling from Judge Adams court on the it’s motion to prevent the intervenor VP’s from receiving SMWIA dues monies to pay their legal fees and expenses.
Stay tuned for updates by going to: Save Our Union or the UTU web sites.
Update - February 21, 2009
Save Our Union sends an Open Letter to SMWIA Members
An Open Letter to Members of the Sheet Metal Workers International Association
From: Save Our Union
We are aware that you have never been told the real story about the merger between SMWIA and the United Transportation Union (UTU) to create the International Association of Sheet Metal Air Rail and Transportation Workers (SMART). We feel obligated to bring you the truth of how hundreds of thousands of dollars of your hard-earned money are being misused and wasted by Mike Sullivan.
When our then UTU President, Paul Thompson, called on Mike Sullivan to talk of a possible merger, Sullivan recognized just what “easy pickings” the UTU could be with Thompson at the helm. He understood that the greed and selfish aspirations of Thompson and some of those around him could be used to his advantage. He could readily see the golden gleam of the United Transportation Union Insurance Association (UTUIA) and how much its sale might mean to his treasury. He could easily imagine that the resulting increase in membership would aid his aspirations to merge with an even larger union.
Together, Sullivan and Thompson designed a quickie, illegal merger vote that would keep secret the true results of such a merger. They duped and/or enticed other UTU officers into aiding their efforts. Their intentions of waiting until after the merger was consummated before revealing a SMART constitution allowed them to truly place the UTU in whatever shackles they desired. Thompson lied repeatedly to us about the terms of the merger and ignored 1) our right to a fully-informed vote and 2) the actual requirements of the merger agreement. Both Thompson and Sullivan lied to us, by omission, when they did not reveal the tragedy of the dire financial condition of your union-operated pension fund for rank-and-file SMWIA members.
In late October of 2007, the truth began to be revealed and four rank-and-file UTU members, filed suit in federal court to prevent the merger from being consummated unless UTU members are given a meaningful, informed vote as is required under the LMRDA.
In December 2007 a Temporary Restraining Order was issued by the federal court which prevented the merger from being consummated until the case can be settled. The court subsequently issued a Preliminary Injunction which replaced the
The SMWIA has filed a suit against the UTU in Washington, D.C., to force the UTU to consummate the merger. Arguably, the SMWIA has the legal right to file such a suit; however we believe Mike Sullivan does not have the right to inject you and your union into our union’s internal affairs. We feel strongly, once you know the truth of how he is wasting a massive amount of your dues and illegally interfering in the internal affairs of a sister union, you would not approve either.
A new UTU administration took office on
Instead, Sullivan has used the hard-earned dues money of SMWIA members to prevent that settlement of our case. He “convinced” - we have no idea what reward he offered them - seven UTU International officers to act as SMWIA surrogates and intervene in the case to prevent that settlement. He uses SMWIA dues money to pay the massive legal costs and “expenses” of these surrogates. He has indicated to our current President that he is willing to use the SMWIA treasury to bankrupt the UTU with this interference. He has said he is willing to negotiate a SMART constitution, but has refused to do so if it is to be submitted to UTU members for approval. To promote his agenda and twist the truth, he is using your money to pay for a phony “UTU” website. In some sort of retaliatory snit, he has even begun efforts, on a commuter bus line in
The seven UTU International officers whom Sullivan & Thompson enlisted to do their bidding were subsequently charged, by UTU members, for violating their constitutional duties and committing dual unionism. Under the UTU constitution, once a member submits charges against an International officer, the matter is heard by our Executive Board. The Executive Board is made up of five rank-and-file members elected with the sole purpose of hearing any such charges, deciding their truth and any appropriate punishment allowed by the UTU constitution and the LMRDA. Mike Sullivan has inserted the SMWIA into this internal UTU proceeding by paying your attorney to file suit on behalf of these officers - against their own union - to stop the internal action against them. When that attempt failed in court two of those officers retired rather than face the consequences of their actions, and one had already passed away as a result of a stroke. Sullivan is paying your attorney to defend the remaining four officers in the Executive Board hearing. He actually testified in that hearing and, in our opinion, has directed your attorney to delay the proceedings as long as possible.
The UTU has an Insurance Association known as the UTUIA. It has been operating for nearly 135 years and it provides a wide variety of products to protect the membership and their standard of living. Sullivan sits on the UTUIA Board of Directors even though he failed to reveal to the UTUIA delegates at the time of his election to that Board, that he fulfills the same obligations on the advisory board of a competing insurance organization. This is in direct violation of the Ethical Standards adopted by the Association.
We submit that Mike Sullivan has involved you in an illegal and unethical course of action against the members of the UTU. We are trying to uphold our rights in an internal dispute. The merger vote was conducted, as designed by Sullivan & Paul Thompson, illegally and in violation of our rights. We believe Mike Sullivan has absolutely no business whatever involving you and your union in the manner in which an internal UTU ratification vote was taken, or into the internal hearings of the charges against any UTU International officer. We believe that Mike Sullivan is illegally funding the intervention of these rogue UTU International officers. He has unnecessarily caused the expenditure of hundreds of thousands of dollars of your hard-earned money on legal costs – this is money which could be much better spent saving your pensions.
This whole issue is about the rights of every union member to a fair voting process as required by the law. We appreciate this opportunity to tell you the whole story. We know you have been told only what Sullivan and Thompson wanted you to hear and have not been made aware of the truth. Mike Sullivan may want to eliminate democracy and members’ rights in the UTU, but we feel that you, as members of the SMWIA would not condone such action and we refuse to let Sullivan succeed. His insistence on using your deep pockets will not deter us. We are convinced he is doing harm to your union and ours; and we are absolutely convinced that we are doing the right thing in legally conducting this fight for our rights.
Note: In order to better inform SMWIA members, we would appreciate you forwarding this letter to all the SMWIA members in your address book. To read more about the merger attempt, CLICK HERE.
Save Our Union has been formed by many rank-and-file members and officers of the United Transportation Union (UTU) who understand what is at stake in the flawed merger vote to merge our union with the SMWIA to create SMART and wholeheartedly support the efforts to stand up for our rights. We maintain that the vote was in violation of the merger agreement and our right to a fully-informed vote. We support the efforts to save the UTU from those who insist that the merger be completed without first allowing UTU members to approve a SMART constitution. To prevent this injustice, we accept donations to the Save Our Union legal fund only from UTU members or its subordinate entities.
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Update - February 18, 2009
UTU International posts a News Release at utu.org
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Update - February 11, 2009
Executive Board Hearing on Charges
Against Remaining VPs Will Resume In May
Sheet Metal Attorney Successful in Delaying Continuation of the Hearing
As previously reported, seven UTU International officers had charges levied against them by UTU members and those charges were to be heard, as required by the UTU constitution, by the Executive Board, on
However, the seven officers, using a SMWIA-compensated attorney, filed a lawsuit in federal court against the Executive Board and its individual members, President Futhey, as well as the UTU members who filed the charges against the SWMIA surrogates. The objective of their lawsuit was to prevent the charges from being heard, as required by the UTU Constitution. On February 2nd, U.S. District Judge Adams denied their motion to enjoin the Executive Board hearing scheduled to begin the following week. Rather than expose themselves to the possible consequences of their actions (removal from office and the loss of retirement benefits), two of the charged VPs, Roy Boling and John Fitzgerald, precipitously retired before the hearing commenced.
Of course, we still wait for any response from the Sixth Circuit Court of Appeals in the Michael v UTU case. We have no real idea when that might come.
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Update - January 30, 2009
Six International Union Vice Presidents To Go On Trial before UTU Executive Board
Federal Judge Denies Temporary Restraining Order
On January 30, 2009 at 1:00 P.M. Judge John R. Adams held a telephonic hearing on the motion by Joyce Goldstein, who is the SMWIA paid attorney for the six UTU International officers who have charges pending against them before the UTU Executive Board. On February 3, 2009 at 9:00 A.M. the trials of these officers is scheduled to begin but a motion for a TRO had been filed to block the trials.
After hearing from Ms. Goldstein on behalf of the six Vice Presidents; Baffoni, Babler, Boling, Cumby, Iannone and Fitzgerald, Judge Adams asked several pointed questions to clarify their position on the propriety of the trials.
The attorneys for the UTU International, the UTU Executive Board and the charging defendants also further clarified their positions citing the reasons why the trials should not be halted or delayed any further. The UTU Executive Board has a constitutionally required duty to promptly investigate charges against International Officers and to determine their validity.
Judge Adams referred the parties to the charges filed by the defendants. In doing this the judge stated that the charges covered many issues that dealt with dual unionism, failure of the officers to meet their obligations of their oaths of office and attempting to usurp the power of the UTU President under article 16 of the UTU Constitution while acting on behalf of the Sheet Metal Workers International Association. He stated that the constitution did reference the Vice Presidents being subordinate to the UTU President. He compared that to the precedent setting manner in which the SMART merger, which lies at the genesis of this dispute, was secretly negotiated by then UTU President Paul Thompson and only a few select others who placed the finished merger agreement as a fait accompli before the UTU Board of Directors and demanded their immediate approval.
In closing Judge Adams denied the intervenors' motion to grant a TRO to stop the UTU Executive Board from holding the trials. The Executive Board will begin these hearings on February 3, 2009 at the UTU International Headquarters in Cleveland, OH, at 9:00 A.M.
More information will be posted on the Save Our Union website as it becomes available.
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Update
Judge Adams has stayed all activity in his court on the Michael case until the 6th Circuit Court of Appeals rules on the Intervenors’ appeal of the Preliminary Injunction. The Babler v Futhey case has quite a bit of activity going and a court hearing is scheduled for Friday.
1. Michael, et al vs UTU – The Action to Uphold Members’ Rights
The Intervenors, Plaintiffs and UTU have completed and filed their briefs in the Appellate Court. The Intervenors continue their bogus arguments and try to convince the appellate court that Judge Adam’s court does not have jurisdiction because they are officers of SMART even though their own campaign literature and the convention record clearly contradict what they are actually telling the court to be true. All of the briefs are available for reading or download on the “Sixth Circuit Appellate Court” page of the Save Our Union website.
We have no idea just how the Appellate Court will proceed. The Intervenors have asked for oral arguments. If granted, the attorneys and others will have to make a trip to
If you read the briefs, you will immediately understand that since January, 2008, National Legislative Director James Brunkenhoefer and Vice Presidents John Babler, Victor Baffoni, Roy Boling, James Cumby, John Fitzgerald and Tony Iannone have prevented UTU members from receiving a fair, democratic settlement of the case.
It is apparent the intervenors are determined to continue as puppets for Mike Sullivan of the SMWIA. It is apparent they are not at all concerned with the ever-increasing cost to each and every UTU member. It has become more and more apparent that they put their own selfish concerns ahead of the rights and concerns of UTU members whom, by virtue of their office and oath, they are obligated to represent. They are doing everything possible 1) to prevent UTU members from democratically and legally determining the destiny of the UTU, and 2) to continue to advocate the violation of the terms of the merger agreement.
2. Babler, et al v Futhey, et al – The Intervenors Suit against the UTU, President Futhey, the Executive Board and the UTU Members Who Preferred Internal Charges against the Intervenors
On
Normally only a (15) day notice is required but in order to give the charged officers more than enough time to prepare their defense the trials are set to commence on
Goldstein has subsequently waited until the last minute to file a motion in Judge Adam’s court for a Temporary Restraining Order to prevent the Executive Board from holding the hearings on the charges against the Intervenors. Goldstein has submitted her brief to support the request and the Executive Board, President Futhey and the other defendants have submitted their reply briefs to the court. Judge Adams has ordered a hearing, in his court, on the intervenors’
“Brokenrail asked to speak to me. He… told me that I could get 90% of what I wanted in negotiating a SMART constitution with President Sullivan. However, he warned me that if I did not resolve matters with Sullivan that "we will take you to court." He said that SMWIA had authorized $10 million for this fight and they would "bankrupt the UTU." He also told me that if I lost, I would "end up in a closet in
“He [Sullivan] laughed and explained that he could never get $10 million approved but that his Executive Council had approved a substantial budget to litigate against the UTU. He did not deny that it was their intention to bankrupt the UTU if we continued to litigate.”
“…it was agreed by Mr. lannone and the other International Officers present that the meeting was off the record and would not be referred to in litigation…. I was surprised that Mr. lannone and his counsel would violate that agreement and mischaracterize my statements.”
“…particularly after what I had heard from Brokenrail and Sullivan about the intention to outspend and if necessary bankrupt the UTU.”
“Sullivan called me and said …that the SMWIA was paying for the website. However, he claimed he could not take it down...”
“Mr. Babler told me that David Hakey promised him that he (Hakey) and Mike Sullivan, General President of the Sheet Metal Workers, would “run” Babler as their candidate against Mike Futhey for President of SMART Transportation Division in the 2011 election…”
As you can see the above excerpts, the briefs make very informative reading and it is definitely well worth your time to read all the revelations in President Futhey’s declaration. He reveals that Brokenrail and Mike Sullivan were threatening to bankrupt the UTU. We also hear how turncoat Tony Iannone, as a UTU Vice President, violated a confidentiality which he gave his word to keep, and it comes as no surprise that Iannone’s lies continue to pile up. In the Roger Sparks declaration, we learn of the real reason why John Babler is so eager to give Mike Sullivan the SMART merger he wants. It is also revealed what new role David Hakey, who was sent home to work his seniority position by the convention delegates, would play in SMART. One of our brothers described it best when he said the unelected Hakey was to be anointed by Sullivan to be "the godfather of the UTU".
The hidden motives for the Intervenors greedy willingness to harm the UTU are becoming more apparent all the time. Do the other intervening Vice Presidents also have their own self-serving motivations or are they just “sheep” following the instructions of Brokenrail, Iannone, Babler and Sullivan?
Additionally, the seven UTU officers, afraid to face the consequences of their actions, contacted friends and asked them to interfere with the Executive Board’s constitutional duties. Those elected officers who subsequently wrote to the Board have applied improper influence on Executive Board members. Those officers are in direct violation of Article 24 of the UTU constitution which states, “After the Executive Board has determined that a charge is under its jurisdiction, no other Board or Officer can interfere with the proceedings of the Executive Board.” Why do those officers have so little respect for our constitution and their obligation to it?
On
3. How You Can Help
Everyone at Save Our Union would like to express our appreciation for your continued support. The struggle to uphold and enforce our right to a fully-informed vote on the SMART merger has dragged on for more than a year now and it looks as if it will be a while yet before we are ultimately successful and hopefully recoup our costs.
The unfathomable actions of the remaining six intervening “UTU” officers have massively increased the cost of legal fees to the Plaintiffs and the UTU. The cost to the UTU alone has been over $400,000.00 and these six “UTU” officers (or should we say “SMWIA” lackeys) are doing everything they can to increase the costs. After all, they are just obeying Brokenrail’s & Sullivan’s orders to bankrupt the UTU.
Unfortunately, we must ask that you and/or your local make another contribution to the Save Our Union legal fund. Or, if you have not contributed yet, please do so. YOUR help is needed to uphold YOUR rights. You will find the forms and address for making your donation on the Save Our Union website.
In addition, we urge all Local, General Committee and State Legislative officers to immediately contact your constituent members and educate them about this issue. UTU members need to understand the gravity of what is happening and as their elected leader, you are the best choice to inform them. Please write them a letter or send them an email and, if you have one, prominently post it on your website.
We also ask that each of you pass this email on to all the UTU members in your address list.
It is important that none of us become complacent, thinking that this battle is over. We must continue focusing our efforts. The intervenors hope that we will let down our guard so they can continue to grossly misrepresent their actions and intentions without being called to task. This ordeal will not be over until the rank-and-file Plaintiffs either win their case outright or end it with an equitable settlement.
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Update 01/16/09
The six remaining Intervening "UTU" International officers have filed a Motion for a Temporary Restraining Order to prevent the Executive Board from holding the February 3 hearing of the charges against the six.
Judge Adams ordered the defendants to file their Opposition brief by January 23 and has scheduled a hearing on the TRO Motion for 1:00 PM, January 30 in Akron.
The updated court documents can be read HERE.
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Update 11/12/08
Today, Judge Adams issued a Case Mangement Plan for the Babler, et al v Futhey, et al case. Click here to read it!
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Update 11/08/08
Brothers & Sisters,
We recently received copies of the UTU International compilation of legal costs from a Save Our Union supporter. We knew legal costs to the UTU were mounting, but we were absolutely appalled to see the concrete figures. [You can see them for yourself at http://www.freewebs.com/savetheutu/legalcosts.htm ]
The seven Intervening Defendants, John Babler, Victor Baffoni, Roy Boling, James Brunkenhoefer, James Cumby, John Fitzgerald and Tony Iannone have told many members that they oppose the efforts to uphold our lawful right to a meaningful and informed vote on the SMART merger because the UTU is in financial trouble and we must merge with the SMWIA to be financially rescued.
In his testimony on May 28, Tony Iannone stated,
“So we wanted to protect the UTU from further litigation. That was first down on our list.”
And James Brunkenhoefer stated in his declaration to the court,
“A critical issue for the UTU is its financial stability … Accordingly, when we voted to approve the Merger Agreement in June 2007, it was my view that on the table was not just the issue of the merger but the very survival of the institution.”
Instead we have all seen the evidence of just the opposite. Here is what General Secretary & Treasurer,
"Action taken by delegates to the 2007 convention mandated the GS&T prepare an annual budget for the operation of the UTU.
"The budget President Futhey, Assistant President Martin and I prepared for 2008 was developed with a goal of improving the reserves of the International funds by 50 percent by year end,"
It is not surprising that now that Paul Thompson and some of his big spenders are out of office, the new administration has been able to effect such a turn-around in the UTU financial situation. What is surprising is that even though the Intervenors are faced with the truth, they continue to attempt to convince people of just the opposite. We suppose they are convinced that if they bray often and loud enough, someone might actually begin to believe it.
We now have concrete evidence of just how much financial damage these seven are doing to OUR union and is beyond belief that they could continue to proclaim their alleged concern and fiduciary responsibility as board members toward the UTU and its members.
Make absolutely no mistake about exactly what is happening. They are the only ones who are causing these costs to continue to snowball. These seven “UTU officers” have used the dues monies of SMWIA members to continue to oppose the rights of UTU members. As you can clearly see, to date, their self-centered actions have cost the UTU almost $400,000.00 in legal fees alone.
When you look at the dates of the costs keep in mind that the UTU had worked out an agreement with the Plaintiffs in early January 2008. That agreement was for the UTU to work with the SMWIA to create a SMART constitution and submit it to the UTU membership for a democratic, informed ratification vote. These seven officers intervened and prevented that from happening. They are solely to blame for every legal cost to UTU members since that first week of January.
Now they have caused a lengthy, absolutely unnecessary, appeals process that will continue to increase the costs to each and every UTU and SMWIA member.
What are the costs to the dues monies of SMWIA rank-and-file members? How much money has Mike Sullivan spent on the seven Intervening “UTU” officers? Additionally, once the Plaintiffs prevail in upholding our rights, the UTU may well be ordered by the court to reimburse the Plaintiffs legal costs. Add it all up and you can understand just how much financial damage these seven officers are doing.
Why doesn’t Mike Sullivan put an end to this and tell his seven (would you call them UTU or SMWIA?) officers to allow us a vote on a SMART constitution? How much more of their “concern” can all of us tolerate and afford?
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Update 10/30/08
A new page has been added to the site. It is "SMWIA Pension Problems" and has links to information about the growing problem with the grossly underfunded pension program for rank-and-file Sheet Metal Workers. Interesting enough, it seems their officers pension fund is OVERfunded.
Save Our
It has been quite some time since Save Our Union has sent an update on the efforts to uphold UTU members’ rights to a fully informed vote on the SMART merger. We apologize for the length, but we believe you deserve all the news. U.S. District Judge Adams has recently issued three separate orders which are described below. In addition we also have an update from Concerned Delegates to Save Our
INTERVENORS’ MOTION TO DISMISS
The seven intervening “UTU officers” had submitted a Motion to Dismiss our entire lawsuit, and with it the injunction preventing the acquisition of the UTU by the Sheet Metal Workers. They argued that Judge Adams had no jurisdiction to hear our case which, they contended, didn’t seek to rule on the lawfulness of a merger referendum, but rather to overturn the election of SMART officers by the 2007 UTU International Convention. And since only the U.S. Department of Labor is authorized to sue to overturn elections, not members, the Intervenors contended that the court had no choice but to find that it lacked jurisdiction over our “member-initiated” lawsuit.
In his Order denying their Motion to Dismiss, the Judge noted that “Intervenors’ arguments now stand in stark contrast to the factual record developed in this matter.” (emphasis added)
In fact the Intervenors’ own campaign literature from the convention completely disproved their allegations. Each of them had circulated campaign literature clearly stating they were running for office in the UTU. Additionally, in their court filings they slipped up and admitted that they were elected officers of the UTU. As Judge
ORDER STAYING PROCEEDINGS
In this Order, Judge Adams concluded, “…that the interests of justice are best served by the imposition of a stay [of further proceedings at the District Court level] pending a decision from the Sixth Circuit Court of Appeals on this Court’s jurisdiction to decide Plaintiffs’ requests for injunctive relief.”
PLAINTIFFS’ MOTION FOR SUMMARY JUDGEMENT
In early January 2008, the Plaintiffs had filed a pro forma Motion for Summary Judgment which would have promptly and finally forbidden consummation of the SMART merger. The Motion was based on two facts. That motion was, however, promptly put on a back burner when the Seven Dwarfs sought to intervene in the action; instead, the Court focused all of its attention on whether to permit them to join the case and obstruct what would otherwise have been a quick settlement between the plaintiffs and the UTU to finalize a SMART Constitution and put it out for an up-or-down, democratic vote by the UTU membership. Eventually, the Judge ruled that he had no choice but to allow them to join, and to derail, the litigation.
In what was, essentially a house-cleaning action, Judge Adams denied the Plaintiffs’ motion without prejudice to their refiling it after the Sixth Circuit Court of Appeals in
STATUS OF INTERVENORS’ APPEAL
The Intervenors have filed their appeal with the Sixth Circuit Court of Appeals in
- Whether the District Court erred in granting a preliminary injunction;
- Whether the District Court had subject-matter jurisdiction to enjoin a union merger, thereby invalidating the results of a union officer election;
- Whether the Labor Management Reporting and Disclosure Act mandates the substantive method for conducting a union merger;
- Whether the Merger Agreement between the United Transportation Union ("UTU") and the Sheet Metal Workers International Union was violated when the UTU failed to mail to all UTU members a copy of the constitution for the proposed merged union.
The Appellate Court has issued the following brief schedule:
- Intervenors-Appellants’ Brief Filed is due by
- Plaintiffs-Appellees’ Brief Filed is due by
- Appellants’ Reply Brief (Optional) dur 14 days thereafter.
As you can see, the appeal process promises to be lengthy. The Court will have the briefs in hand after the first of the year. At some point in time, they will most likely schedule “oral argument” by the lawyers. Thereafter, although there’s no telling how long thereafter, the Court will issue an opinion either affirming Judge Adams’ orders, modifying or overturning them. At that point, we expect the case to return to Judge Adams who will eventually wrap it up and enter a final (rather than preliminary) decision and judgment.
CONCLUSION
Make no mistake about it. John Babler, Victor Baffoni, Roy Boling, James Brunkenhoefer, James Cumby, John Fitzgerald and Tony Iannone are doing and saying everything they can to use their Sheet Metal-paid attorney to prolong this travesty.
They still want a “blank check” from UTU members to create SMART in any form that Mike Sullivan desires. They still want the sell-out that they conspired with Paul Thompson & Mike Sullivan to create. They still place the lawful rights of UTU members behind their own selfish interests. They are still being paid a UTU salary and expenses to travel around our union and continue to parrot Paul Thompson’s lies in an attempt to justify their horrid actions.
Here is what President Futhey, Assistant President Arty Martin and General Secretary and Treasurer
· "These unscrupulous individuals are spreading a vicious, unfounded deception that if the UTU doesn’t merge with the Sheet Metal Workers International Association immediately, the UTU is facing financial failure,"
· “…SMWIA has a hand in the spreading of these false rumors about UTU finances."
· “Moreover, the UTU membership was given incorrect information as to why the previous administration sought the merger.”
· “…it became apparent that UTU finances were not as dire as had previously and wrongfully been presented to us and our members,"
· "This is the same outrageous, incorrect and irresponsible allegation that was made by the previous UTU International president when he attempted his merger cram-down last year. The allegation was wrong then. The allegation is even more wrong today."
They know their arguments will not hold up in court, so their only hope is to use Sheet Metal Worker dues to extend it until the Plaintiffs can no longer financially continue. Brothers and Sisters, we assure you that will not happen. The Plaintiffs are just in upholding our rights and united we will continue to support them as long as it takes. Justice will be done.
Make no mistake about it. John Babler, Victor Baffoni, Roy Boling, James Brunkenhoefer, James Cumby, John Fitzgerald and Tony Iannone (along with their master, Mike Sullivan) are the only ones who are standing in the way of a just and proper settlement. They are deliberately preventing our rights from being upheld. They are deliberately causing the legal costs to the Plaintiffs and the UTU to skyrocket.
They continue to do this at no expense to themselves. Not one penny comes out of their pockets. UTU dues pay their salary and expenses to travel around the UTU; and Sheet Metal Workers pay their lawyers’ fees as well as their litigation-related, personal expenses.
You know where they are getting their money and who they were elected to represent. The question is -- Who are they really representing and why?
Update on Babler, et al vs. Futhey, et al - Law Suit filed by Joyce Goldstein of the SMWIA on behalf of the seven UTU Officers
[This update comes from Concerned Delegates Committed to “Save Our Union”. The Court Docket and pertinent documents from the case are available on the Save Our Union website.]
The plaintiffs in this case are the seven UTU officers (J. Babler, V. Baffoni, J. Brunkenhoefer, J. Cumby, R. Boling, J. Fitzgerald and C. A. Iannone) who are facing charges before the UTU Executive Board. These seven officers are alleging that the Defendants (UTU President M. B. Futhey, the UTU Executive Board members and (3) UTU members) conspired to have charges brought against them before the Executive Board.
This suit was filed in April 2008 in an attempt by the seven officers to avoid standing trial before the UTU Executive Board. The seven officers are suing the Defendants as individuals as well as in their official capacities.
Two (J. P. Jones & D. G. Strunk, Jr.) of the16 individuals who filed charges against these officers for their violations of the UTU Constitution are being sued. They have also included in the suit UTU Local 982 member D. M. Murphy as an alleged co-conspirator.
When the suit was filed by Joyce Goldstein, (Sheet Metal Workers International Association paid attorney) she was, in our opinion, making an attempt to threaten each of the participants with financial retaliation for merely exercising their rights under Article 25 of the UTU Constitution.
Ms. Goldstein has tried to hold Case Management Conferences for the purpose of settling the charges, dropping the charges or having them withdrawn by the charging parties. A Conference was scheduled for
Each time one of these meetings is scheduled Ms. Goldstein shows her lack of understanding and knowledge as to just what authority each of the parties has with regard to handling of the charges under the UTU Constitution.
Parties in this suit will be going into the scheduled hearing before Judge Adams. We can only wait and see what the latest actions by the seven UTU officers will be, as they continue to be funded and directed by the SMWIA leadership. Thanks for your continued support.
** JUST IN **
We have just been made more aware of the problems rank-and-file members and retirees of the Sheet Metal Workers are having with their severely underfunded National Pension Fund. How much UTU money was Sullivan planning to use to fund the shortfall?
Here are the basic facts as they have been presented to us.
1) In 2006 the SMWIA National Pension Plan covered 136,000 workers
2) It had guaranteed 7.45 Billion in Benefits, but only had assets of 3.1 Billion (22,879 per person) A deficit of 4.35 Billion.
3) Benefits were increased after the creation of the Fund.
4) The Fund is under funded by 43%
5) The SMWIA Staff Pension Plan was 81% Funded (230,848 per person)
6) As Rank and File members had their COLA cut the Staffs COLA fund tripled. Union contributions paid entirely for the increase, with nothing from Staff Salary.
7) Mike Sullivan received 133,198 in benefit Plan contributions in 2006.
There are links on the Save Our Union website or you can go to:
http://www.geocities.com/smwpop/
------------------------------------------------------------------------------------------------------------- Update In the case of Michael et al v UTU, Judge John Adams has issued his ruling on the seven intervening “UTU” Vice Presidents’ Motion to Dismiss. In the motion, the intervenors put forward the argument that Judge Adams’ court lacked jurisdiction over the dispute because Intervenors claim that any action by this Court would have the effect of “undoing” a completed election. They contended that the officers elected at last year’s convention were elected as SMART officers and not UTU officers. Their contention was that fact put the dispute under the jurisdiction of the Department of Labor and precluded the court from hearing the case. This ruling on their Motion to Dismiss has to be devastating to the Intervenors. Quoting from Judge Adams’s ruling: “…Consequently, the 2007 UTU elections could not have been used to elect SMART officers. Beyond this legal conclusion, the Court is compelled by the record to conclude that the 2007 UTU election served only to elect UTU officials. In candidate literature, Intervenors routinely referred to the sought-after positions as positions within the UTU. Babler indicated that he was a “candidate for the position of International President, United Transportation Union.” Doc. 109-2 at 2. Brunkenhoefer indicated that he was running for “reelection in the [position he then held].” Despite the above facts, Intervenors appear to have taken the position that the Merger Agreement actually served to modify the 2007 election, causing the election of SMART officers. Due to this Court’s intervention, SMART has never been created and therefore it has never had officers. However, the Court’s injunction has not served to alter in any manner the 2007 election. Each elected official has maintained the UTU office for which he expressly campaigned and to which he was elected. Consequently, the substance of the claim raised by Plaintiffs does not resemble a Title IV claim. There is nothing in the relief sought that would invalidate a completed election. Rather, the relief sought served only to stop a future change, i.e., it halted the process of elected UTU officers becoming SMART officers. Furthermore, that action, the change from a UTU officer to a SMART officer, was compelled not by an electoral vote, but by the Merger Agreement. The Court, therefore, finds it has subject matter jurisdiction. Finally, the Court is compelled to identify the inconsistent positions taken by Intervenors in this action. In response to the motion to intervene, the Court held a hearing to establish the interests of the Intervenors. Each Intervenor testified that he was a current officer in the UTU. In the motion to intervene, Intervenors stated as follows: “These seven Proposed Intervenors constitute a majority of the UTU’s eleven member Board of Directors.” Doc. 52-2 at 2. In contrast, in the instant motion to dismiss, Intervenors contend that they were never elected to UTU positions, but rather only to SMART positions. Accepting such an argument as true would greatly diminish the standing of Intervenors in this action. Effectively, Intervenors seeks to have their cake and eat it too. They sought intervention contending that as the elected UTU Board they had a duty to fulfill the wishes of the electorate. Once successfully involved in the case, they now seek to argue that they were never really elected to the UTU Board. While these inconsistencies played no role in the Court’s decision, they are troubling.” In another order, Judge Adams denied without prejudice the Plaintiff’s Motion for a Summary Judgment. In what is seen as a “housecleaning” move, the Judge denied the Plaintiff’s motion but doing so “without prejudice” which gives the Plaintiffs leave to refile the Motion at a later date. As it stands now the case is pretty well on ice in Judge Adams’ court until a ruling on the Intervenor’s Appeal of the Preliminary Injunction is received from the 6th Circuit Court of Appeals in
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Update 10-08-08
The UTU International released a "News Flash" entitled, "UTU Finances Solid & Growing". Here are excerpts from the News Flash:
Wall Street may be in a devastating financial free fall, but UTU finances are solid and growing.
That's the conclusion of the two UTU International officers responsible for UTU finances.
"I asked for a thorough review of our finances after hearing that mischief makers are deceiving some UTU members that the UTU is in financial difficulty," said UTU International President Mike Futhey.
"These unscrupulous individuals are spreading a vicious, unfounded deception that if the UTU doesn’t merge with the Sheet Metal Workers International Association immediately, the UTU is facing financial failure," Futhey said. "This is a continuation of the misinformation that a federal court found with the previous administration."
Assistant President Arty Martin said, "While UTU finances have been, and continue to be, strong, our evidence is that the SMWIA has a hand in the spreading of these false rumors about UTU finances."
The SMWIA merger is on hold by order of a federal district court, which found that the previous administration failed to make UTU members aware of conflicts between the existing UTU constitution and the SMWIA constitution prior to seeking a ratification vote.
The court said that "absent information about the possible changes to their own governing document, the UTU members' votes cannot be said to be meaningful."
Moreover, the UTU membership was given incorrect information as to why the previous administration sought the merger. Recall that the attempted merger between the UTU and the SMWIA was predicated on severe UTU financial problems.
"When Arty Martin,
Of the current false rumor being spread about UTU finances, UTU General Secretary and Treasurer
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Update
"But the president of the sheet metal workers' union, Michael Sullivan; will do fine. The union's own plan for its employees was funded more than 10 times more generously than the collectively bargained plan for rank-and-file members.
In 2006, Mr. Sullivan received, in addition to his $263,092 salary and $125,734 expense account, $133,198 from employer and employee rank-and-file benefit plan contributions. The union staff plan, covering 250 people (69 active workers), had in 2005 $57 million in assets, and was 81% funded. It held an average of $230,848 for each of its participants, compared with $22,879 a person in the fund that covers the rank-and-file.
While the rank-and-file saw cost of living benefits disappear, the union staff plan's cost of living fund more than tripled in 2006, entirely due to employer contributions. These employer contributions would have been better used to stabilize the financial condition of the rank-and-file pension plan."
The entire blog posting is at: http://www.nysun.com/opinion/union-label-reads-no-growth/84223/
Update
We received this from the Save our Union Delegates.
As always the Save Our Union Delegates intend to keep you updated on any changes relevant to the Michael et al vs. UTU and the latest suit; Babler vs. Futhey et al filed by the seven UTU officers who are currently under charges for failing to meet their obligations of office as UTU elected officers and members of the UTU Board of Directors.
On
If you have been following this case, you will note that testimony drew from the seven UTU officers under charges confirmed that during the hearing in Akron, Ohio on
Due to this fact, we were advised that the SMWIA should be considered as an "interested employer" of the seven UTU officers and should be drawn into the suit on that basis. There has always been a question as to what authority any of the seven UTU officers actually has in the legal actions that they are supporting in this proposed takeover. Now it is time to draw this information out to see if they are controlling the legal direction this case continues to take or if it is being surreptitiously controlled behind the scenes by SMWIA General President Michael Sullivan who gives instructions and directions to the seven UTU officers that he has acting as surrogates for him and his organization.
The counterclaim suits have been filed and damages and restitution is being sought by the parties for interfering in the UTU members right to question and challenge before the UTU Executive Board all of the seven UTU charged officers activities that coincide with Michael Sullivan's desire to take control of the United Transportation Union.
Since the SMWIA will now be defined as an "interested employer" of the seven UTU charged officers we anticipate this case taking a new direction.
We hope that you will continue to keep advised and provide your support as you all have in the past. We continue to post any updates for all to keep advised of the actions to Save Our Union.
Click Here to view the all court documents in Babler Vrs Executive Board including the counterclaim mentioned in this update.
New Blog posted check it out!!!
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Update
Save Our Union had a vendor's table at the
Update
President Futhey tells Mike Sullivan " take down your Web Site 'TheRealUTU'. Click here for entire story.
Additional Update
The following is a repost of an article from the Association of Union Democracy, concerning the Merger Issue,
UTU-Sheet Metal Merger Blocked By Federal Judge
By Judith Schneider, Association for Union Democracy
In June, Federal Judge John R. Adams granted a preliminary injunction blocking a pending merger between the 85,000 member United Transportation Union, representing railway and bus workers, and the 130,000 member Sheet Metal Workers Union, which includes some railway and bus workers, into a new entity to be called SMART (Sheet Metal, Air, Rail and Transportation Workers.) The suit challenging the merger was brought under LMRDA Title I by Roy Arnold, then a UTU Vice President; John Hasenauer and Jim Eubanks, then UTU local officers; and Ed Michael, a UTU member.......( continued in our Blog where your comments are welcome)
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Update
There are several legal actions, as well as suspended Executive Board Actions, going on at once surrounding this Merger/Sellout/Scam. Here is the latest information.
The Lawsuit to prevent the Merger was decided by a preliminary injunction, which is now being appealed by the Seven Confederate International Officers to an appeals court, by an attorney that is being paid for by the Sheet Metal Workers Union.
Concurrently, the UTU Executive Board received charges against the Seven Confederate Officers where upon their review decided to hear the case for their removal and expulsion. The Seven Confederate Officer’s lawyer, that is being paid for by the Sheet Metal Workers, then filed a lawsuit against the Executive Board, International President Michael Futhey, the two members pressing the charges, as well as one other member for all their alleged roles regarding the Executive Boards proceedings. The attorney acting in behalf of the Executive Board filed a "motion to dismiss" this lawsuit and at the same time agreed with the Seven Confederate Officers lawyer to wait, until the Judge makes his ruling, before the Executive Board would proceed. This past week Judge Adams ruled against that "Motion To Dismiss" advising the Seven Confederate Officers that they can proceed with their Lawsuit and scheduled preliminary proceedings to start on Sept. 15th.
Click Here to view that ruling.
Click here to view the Scheduling Order.
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Update
New Blog posted check it out...Seems some UTU State Directors can't balance their check books.
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Update
Plaintiffs response to motion to dismiss by the seven confederate officers. Also New blog by Plaintiff.
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Update
The UTU State Directors Association met in
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Update
We have made available the entire text of Paul Thompson Speech as well as the Question and Answer Session. It has been transcribed by a Professional Transcription Service. It is broken up into two different links for you to view, the AM Session and the PM Session. The speech was made by Paul Thompson while attending the Western General Chairmans Association meeting in
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Update
New Page added. Calendar, with an area for comments. Also, the 'Save our Union Group' was at the Denver Regional Meeting, they had a table set up and distributed hand-outs and save our union pins. Taking his turn at the table as well as others was one of the Plaintiffs, John Hasenauer. Brother Hasenauer reported that many stopped by and expressed their
appreciation.
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Update
As a result of the May 28 hearing in
Click here to read the entire update.
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Update
A notice of appeal has been filed by the Seven Confederate Officers to the Sixth Circuit Court of Appeals over the decision made by Judge John R. Adams in granting the plaintiffs the preliminary injunction preventing the SMART merger from going ahead without a SMART Constitution.
We would have to assume that the Sheet Metal Workers International Association (SMWIA) gave the seven Confederate UTU officers who are now intervenor's in the case the instructions to proceed with an appeal. If any of you read the article in the Kansas City Star relevant to this matter, you will note that a SMWIA spokesperson said they were reviewing the case and they would be making their decision on whether to appeal. Since the SMWIA has no standing legally in this case, they would have to continue to use the seven Confederate UTU officers as their surrogates to act on behalf of SMWIA against the UTU members rights to be allowed to review and vote on a SMART Constitution.
We would like to submit that this is just further proof that the SMWIA is still controlling the actions of the Seven Confederate UTU Officers and that they are taking instructions from the rival organization once again. As soon as the appeal is available, it will be posted. Click here to view the notice.
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Its Time for Some Accountability
Paul Thompson said they were a “Trojan Horse for the Teamsters” and the website the “REALUTU” called them “The Four Horseman of Apocalypse for the Teamsters”…..
These words were played upon and repeated by certain General Chairmen and State Directors in supportive correspondence that was circulated to Slander the Plaintiffs of the “Save Our Union” effort and court action. In an ironic twist of reality, and once the truth was fully exposed the “Trojan Horse” was none other then our Past President Paul Thompson and it was on behalf of the Sheet Metal Workers Union. As for that Website mentioned the “REALUTU” that turned out to be run by someone who had connections with President Sullivan of the Sheet Metal Workers Union.
The “Save our
They argued that to not have a completed document was not in our best interest as members, since as provided in the merger agreement, conflicts would be decided by arbitration and not the delegates. Their contention was as members we should have had a SMART constitution before we voted on it, as required by law for a ‘meaningful vote’ which the judge in the case agreed with. They further argued that the end result could be catastrophic to the membership; because once the merger took place there was no going back and fixing it, which can be best summed up by the statement of one of the Plaintiffs, “There is no unscrambling the eggs once they’ve been scrambled”.
This merger was best described by a fellow UTU brother: “as a merger that was written by three or four individuals in a closet by flashlight, who knew full well what they were secretly putting together”.
This Merger/Scam was purposely launched and rushed through in quick fashion by its chief architect Paul Thompson who made numerous misrepresentations when questioned about it by the membership, fellow officers and even the Board of Directors. Paul Thompson went as far as to withhold vital details on known Constitutional Conflicts, Secret Arrangements to Abandon Craft Autonomy, General Committee Autonomy, and as already pointed out no SMART constitution.
The Save our Union Group worked to overcome Thompson, the Seven Confederate Officers and their supporters by distributing a speech by Paul Thompson with his reasons for the merger, it was sent to all delegates, General Chairmen, State Directors, and the Seven Confederate Officers.
There were no retractions made by any of those “supporting officers” we pointed to earlier, nor did the Seven Confederate Officers drop their courthouse actions to intervene as defendants against the plaintiffs. Furthermore, to add insult to injury the Seven Confederate Officer’s legal actions are being paid for the SMWIA; hence they continue to work as surrogates of the Sheet Metal Workers and Thompson, knowing full well now what Thompson had originally planned for our union, its autonomy and its democracy. As members we all need to hold our leadership accountable, we need to ask them where they stand on this very important issue, and why?
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New Blog posted open for your comments.
New Page added to repost all the in-depth news articles on our recent win. Titled "Injunction Articles" You will find one of the Articles reported in the "Kansas City Star", Paul Thompson's hometown newspaper.
The Kansas City Star allows comments to be added to their articles, one already has been posted. You may want to take the time to let Paul Thompson's friends, family, and neighbors know what you think of his performance as our Past President.
By the way this is the very newspaper that Thompson sent an article to as UTU President trying to slander the plaintiffs as well as others involved in stopping his Scam Job Merger.
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Preliminary Injunction ordered by Judge Adams. To view his order Click Here...
Even though it appears that the Fat Lady is Singing we optimistically and cautiously await what the other side plans to do. They can appeal and have thirty days to do it in. It may not end there.
However, while we wait for their next move, it is safe at this time to bask in the glory of where we now stand. We also have the Executive Board Trials, as well as some other issues that wait in the Wings...
To stay informed visit our site regularly. Additionally, we ask all delegates that support what were doing to join our "Delegates in Support of Save our
For additional details we provide a link to an article from the "The Progressive Railroader".
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Were Back! We had the site down for a few days and we apologize to our faithful following. We thank you for your patience.
Posted below you will find a an update on the case in where Judge Adams issued a decision on the Intervenor's being able to intervene. As clarification, since he now has made this initial decision, he now has up to and until June 28th to issue the rest of his rulings.
In the interim we welcome your comments on our Forum. Feel free to post your comments, questions, and concerns; we offer a wide range of topics or you can start your own.
Additionally, we want to thank the Delegates that have signed up as our "Group of Delegates in Support of Save our
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One last note... New Blog Posted... check it out..... we welcome your comments.
*Editors Note: The following is a repost from UTU.Org of a partial ruling by Judge Adams posted
COURT SET TO RULE ON PRELIMINARY INJUNCTION
Judge John R. Adams ruled, however, that former UTU President Paul Thompson may not intervene in the case.
The merger, currently on hold by order of the court, would create the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers. This June 18 decision is a procedural step, and Judge Adams must still decide whether to issue a preliminary injunction against the merger, and that ruling is expected within 10 days.
Judge Adams said that "Thompson’s assertion that he is so 'bound up' in the facts of this case as to warrant his continued involvement is without merit," and he "does not have a substantial legal interest in this litigation."
Allowed to intervene are UTU International Vice Presidents John Babler, Vic Baffoni,
The interveners support the merger, whose scheduled Jan. 1 implementation was halted Dec. 27 when Judge Adams issued a temporary restraining order (
The result, said the plaintiffs, is that the UTU membership was not aware of conflicts between the existing UTU constitution and the SMWIA constitution.
The
The interveners, said Judge Adams, "sought to intervene in the litigation on the grounds that plaintiffs’ interests and those of the UTU under [International President Mike] Futhey’s command are arguably aligned, or are not opposed." Judge Adams characterized Futhey’s position as opposed to "the form in which it was proceeding."
Additionally, Judge Adams ruled that he is in need of no further information from any of the parties, including the interveners, before deciding whether to issue a preliminary injunction.
He said the interveners previously had conceded that prior to Jan. 1, "defendants UTU and Thompson provided adequate representation in defending the ratification vote. The briefing is now closed and will not be reopened, as the interests of those both in favor of and opposed to the vote were ably and adequately represented."
A preliminary injunction would keep the merger on hold until the case, and any appeals, run their course.
On May 28, Judge Adams was heard to say that it would be in the best interests of all concerned to put together a SMART constitution and submit that constitution to the membership for ratification.
The judge also was heard to say that failure to do that could result in lengthy litigation and cause the memberships' dues to be spent on legal fees. The judge was heard to say that there has got to be a better way to spend union dues money.
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Update
We have the transcript available of the May 28th Hearing in
To read the transcript Click Here.
We are still waiting on a decision by Judge Adams and the
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Update
Editors Note: The following report is being provided by someone who attended the Hearing Today.
The court case to hear the arguments on whether to allow the Seven Confederate UTU officers/SMWIA Surrogates and Past UTU President Paul C. Thompson to intervene in the Michael et al vs. UTU as defendants was heard at
Seating turned out to be an immediate problem due to the lack of tables available for all the attorneys present in the court room.
Ms. Joyce Goldstein, attorney representing the proposed intervenors could not find a table and it was necessary for her to sit in the audience with the SMWIA surrogates; Thompson, Brunkenhoefer, Babler, Baffoni, Cumby, Fitzgerald, Boling and Iannone. The judge advised Ms. Goldstein that if she were to ask one of the other attorneys present perhaps they would make room for her. She didn't ask and no one offered. She then presented her case from the audience seating.
Of all the proposed intervenors only Paul Thompson, James Cumby, John Babler, John Fitzgerald and C. A. Iannone actually testified.
As part of her initial presentation Ms. Goldstein raised the question, of who was paying for the legal fees for the eight intervenors. The answer is now on record, that the Sheet Metal Workers International Association was funding their legal expenses.
She also proposed several questions, on why it would be so terrible to have a finished SMART Constitution sent out to the members for their voting approval. John Fitzgerald testified to the question "that the well has already been poisoned". One may interpret that answer as meaning that the membership now know of all the Misrepresentations made by the Four Architects of this Merger and lost trust.
Also as reported, by a courtroom observer it can be stated without equivocation that Cumby's testimony was the most entertaining since he didn't know for the record how many members the UTU had, how many voted in favor of the merger, how many voted against it and what the true percentages of all of those actions constituted.
John Babler's testimony was simply part and parcel to Joyce Goldstein's attempt to retry this case once again from scratch. She was ruled out of order a few times on this matter as she continually tried to take a third bite of the apple, so to speak. The judge and Arthur Fox were not having any of it.
Many times during the course of the hearing, Judge Adams advised the Sheet Metal Workers surrogates, that he strongly suggested that they get together with the other parties and come up with a finished SMART Constitution so that the membership of the UTU will be able to have their vote. He did not say how he was going to rule but he repeated that simple request to the parties over and over again.
Judge Adams also took issue with the cost or waste in members dues money that was being spent with this extended legal battle brought on by the proposed intervenors actions.
Ms. Goldstein also tried to make an issue of or complaint that UTU President Mike Futhey has allowed the membership and subordinate bodies within UTU to make contributions to the "Save Our Union" legal defense fund. The judge rebutted that there seemed to be no difference in having the Sheet Metal Workers International Association fund Ms. Goldstein and the proposed intervenors legal expenses.
We are now waiting for the judge to rule on the motion to intervene.
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Update
New Blog Posted on
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The Following is a letter by our International President Mike Futhey:
TO
International Officers
Delegates
General Chairpersons
State Legislative Directors & Provincial Chairpersons
Field Supervisors
Brothers and Sisters:
Let me make clear my role with the plaintiffs who gained a restraining order halting implementation of the SMART merger.
My motivation is a solemn commitment to honor and defend the UTU constitution and this union’s cherished craft autonomy and general committee autonomy.
My initial support for the merger was based on two representations made by Paul Thompson, whom I had no reason to doubt at the time.
One was that our union faced a financial crisis; that if we did not merge immediately, we faced financial ruin. But I learned after gaining access to our books that UTU finances were far from dire. We realized a $1 million surplus after the convention, and our finances have been improving dramatically after wasteful spending was eliminated.
The second false representation made by Paul Thompson was that the UTU constitution would be inserted intact into the SMWIA constitution, and our cherished craft autonomy, general committee autonomy and UTU autonomy would be preserved.
We later learned that under the merger agreement, autonomy would be eliminated, and the authority of general chairpersons to make agreements would be eliminated.
Last October, at a meeting of UTU Western general chairpersons, Paul Thompson said - and this was recorded — that “autonomy has served its purpose” and has become “antiquated” and the merger with the SMWIA would make changes to the UTU constitution that “we know can’t be accomplished at a convention” through a delegate vote.
Our UTU constitution guarantees that any constitutional changes will be made only by UTU delegates. I took an oath of office to honor and defend the UTU constitution, and that is precisely what I am doing in support of the plaintiffs who obtained the
In solidarity,
Mike Futhey
International President
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Update
A mailing has been made to all the Delegates, General Chairmen and State Directors from the Group of Concerned Delegates to Save our
Included in this mailing were the improperly presented Resolutions submitted by the confederate officers at the Board of Directors regular meeting in April.
To view the letter and the Resolutions Click Here.
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Update
Attorney for the Plaintiffs, Arthur Fox, responds to submission by Confederate Officers’ Attorney Goldstein.
To view go to "Akron Court Documents page" to find newest download link under Plaintiff Court Documents or click here to download document.
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Update
Latest court documents submitted by Goldstein, the attorney for the Confederate Officers.
To view go to Akron Court Documents page to find download link under Defendant Court Documents.
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Update
New Blog posted and New Page added "Babler vrs. Executive Bd."
Lawyer for the Confederate officers was allowed to take a deposition from President Futhey. To view Click Here.
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Mailing
All UTU Delegates, State Directors and General Chairmen, have been sent a CD of Paul Thompson's Public Speech at the Western General Chairmen Association meeting held in Oct of last year.
We have downloaded and have provided a link to his speech. The CD with correspondence was mailed over the signatures of numerous concerned UTU Delegates.
On the CD it is arrogantly revealed in Paul Thompson's own words his plans for the UTU because of this merger.
Among those things were:
- The delegates just used the UTU Convention for a cash cow and they were only interested in their own wallets.
- Paul Thompson says that he was embarrassed the way the delegates behaved at this UTU Convention.
- Craft autonomy has outlived its time and the days when one craft could possibly vote down an entire national agreement proposal were long overdue to change. The SMART merger would help them do that.
- The SMART merger was going to allow them to make changes in the UTU Constitution that the delegates would never have voted for or approved.
- Due to the merger the UTU portion of SMART would be able to make changes in local sizes and consolidations that the UTU Constitution forbade right now.
- Mike Sullivan told Paul Thompson after the UTU Convention that there would have to be changes made in the way the delegates handled the convention business.
- Mike Sullivan had already promised David Hakey a job before Paul Thompson had an opportunity to ask Sheet Metal Workers to hire him. Thompson agrees that he did mention to Sullivan giving David Hakey a job (Assistant to President of Sheet Metal Workers and assigned to run the Cleveland UTU office ---- Editorial note: Why was Hakey, a man that was sent home by the Delegates, promised such a financially lucrative and powerful position?
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Update
New motions submitted by the Plaintiffs concerning the Intervenors right to intervene. To view the documents go to the Akron Court Documents page or click here
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Update
The Executive Board has rescheduled the trials to an undefined (open ended) date with the Date for consideration of when to hold a Trial to be determined on July 1. That's right two and half months from now. This is no Joke even though it sounds like one. As members there is nothing more frustrating then to put all our faith in a worthless and Impotent Procedure. There needs to be some major repairs done to our Constitution if and when we ever survive this. Guidelines need to be put in place to Direct Officers in exactly what to do in Mergers, and as in this case Executive Board Timeliness. Additionally, a Recall Provision needs to be added. Due to the duress put on this
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Update
Save Our Union has recently mailed a letter, regarding the SMART merger and subsequent court case, to all UTU Delegates.
After this letter was mailed to the Delegates, we received the ruling from the US Court of Appeals Sixth Circuit. The Court denied Thompson’s and the seven VP’s appeal of Judge Adam’s decision to extend the
This effectively returns all actions to Judge Adam’s District Court in
As you know, the Plaintiff’s and the UTU have an Agreed Stipulation that calls for the UTU to negotiate a SMART Constitution with the SMWIA and submit it to UTU members in a proper ratification vote. If the Judge approves their Motion to Intervene, Thompson and the seven VP’s will be causing the case to drag on even more and will prevent, for the present, the SMART Constitution from being submitted for that ratification vote to the members.
Paul Thompson, National Legislative Director James Brunkenhoefer, and Vice Presidents John Babler, Vic Baffoni, Roy Boling, JR Cumby, John Fitzgerald and Tony Iannone are using an attorney, paid by the Sheet Metal Workers, to do everything in their power to see that we never see the SMART Constitution until AFTER it is too late.
They continue to do everything in their power to deny our right to an informed and meaningful vote on the actual terms of the merger. They continue to do everything in their power to conceal the terms of the merger. Why do they continue to insist we give them a “blank check” to write the SMART Constitution? What is it that they are hiding from UTU members? What possible motive could they have for using a Sheet Metal Workers attorney to hide it?
To review the court documents. Click Here.
To view the letter to the Delegates Click Here
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Update
This is a personal message to Michael Devita the Non-UTU Member running the THEREALUTU Website.
As a follow up to our BLOG , in which you were offended by the release of your PERSONAL information on this Website. For your information that information on you, Michael Devita is accessble through a WHOIS search on the Net by simply typing in your Domain Name. Nothing personal about that, it is considered in the Public Realm.
Truth be told, what bothers you is the fact that you and whoever may be paying you to run that site didn't expect to be Discovered or Found Out. Anonymity is of value to people like you --as can be determined easily, by the stuff you post.
I also want to say I fully appreciate your understanding of some laws, that being so; are you aware of Slander, Mr. Michael Devita, keeping that in mind, on your website, someone claims that you as the Administrator are doing this as a favor to a "High School Friend" may I suggest that you may want to re-assess that Friendship, Mr. Michael Devita a non member of the UTU.
As UTU members we have the Right of Free Speech with regards to our Leadership. Now my question is this, Michael Devita, how does that same right apply to you as a Non UTU Member running THEREALUTU Website?
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Posting Threats in the Forum?
We have suspended the Forum Temporarily. Over the last couple of days a couple of Dwarf Supporters have been posting Physical Threats towards One of the Plaintiffs. Today, one of those supporters said he was going to burn one of the Plaintiffs house down.
We will not tolerate this on our website.
As a matter of information we have IP addressing of all those that post on this Website. We have contacted the Proper Law Enforcement to provide them with the IP Addresses and the posted Threats. They asked us to suspend the Forum so that they can proceed with an investigation and possible Federal charges of the individuals involved.
Section 610 of the LMRDA provides:
"It shall be unlawful for any person through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any member of a labor organization for the purpose of interfering with or preventing the exercise of any right to which he is entitled under the provisions of this Act."
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Update/Warning
It has been reported by several Brothers who visited one of the Dwarf's- supporters website, that they came out of there with this "Keystroke Spy-ware" attached. This provides the person running this nasty spy ware to spy on your every Keystroke. If you've been to one of their sites I would run a "Virus Scan" and If you have been infected you can go to this Website to purchase the program to clean it up, the best suggestion we can make is stay off their site.
And if that isn't enough!!!
Beware--This last week a UTU State Legislative Director had forwarded this email to all the other UTU State Directors; for what reason no one seems to know. As a matter of information, this website is ran at little or no cost, to eliminate advertising. No donations are needed nor have they been solicited. His solicitation may be considered fraudulent and its obvious he may have intended us harm by circulating it.
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Update
New Blog posted click here.
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Update
We have posted the UTUIA Business Ethics and Conduct for its Directors and Employees. The rules were adopted in Feb. of 07 at the request of then President Thompson. We draw your attention to one of the rules excerpted below, and ask you, do you think Thompson and Sullivan are in direct violation of this Rule? :
..."Each officer, director and employee has a duty to advance the best interests of UTUIA and, except with the prior approval of the Committee in the case of an officer or director, or the Human Resources Department Director in the case of an employee, to refrain from engaging in any conduct which may compete with UTUIA or interfere with UTUIA’s pursuit of its business opportunities...."
To view the entire UTUIA Code of Business Ethics and Conduct click here. And, for the entire story concerning this relevant concern click here.
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Update3/19/08
A New Page has been added. showing the Charges filed against the Confederate Officers with the Executive Board. On that page also, is a Link to their response to the Board on the Charges. They're Response is by Legal Counsel. The same Legal Counsel they're using as Intervenor's. This new page is called"Charges Against V.P.'s". To view the page Click Here.
One of the Confederate Officers John Fitzgerald has filed Charges with the Executive Board against President Mike Futhey, at this time we do not have a copy of those Charges or a response by President Futhey to Post.
Brothers and Sisters:
We are asking for Donations to cover the Legal Cost. General Committees, State Legislative Boards, Locals, and Individuals; can make Donations. If you believe that your
Thompson, Brokenrail, and the Six Vice Presidents legal fees are being paid for out of the deep pockets of the Sheet Metal Workers. Our legal costs are dependent on Grass Root Donations.
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Update
Executive Board Charges have been filed with the Executive Board calling for removal and expulsion of National Legislative Director Brokenrail, and the six vice presidents named as intervenor's/defendants against the Plaintiffs. It is our understanding that the Executive Board is being flooded by Filed Charges.
From: scmott@insightbb.com
Sent:
Subj: Re: Statements of Support
Thank you for all that you have done. If it was not for Brothers Ed Michaels, John Hasenauer, Jim Eubanks and Roy Arnold; look what would of happen ! Again thank you !!!!!!!!!!
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Wanted:
If you've heard the Thompson Speech and have had enough its your chance to help do something about it. We want all delegates who feel the same to join our "Delegates to Save our Union Group". To join - send us an email at savetheutu@gmail.com and provide us with your contact information.
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Update
To the Administrator of the “Save Our
It has come to our attention that several unsigned letters are being circulated by uninformed individuals who are under the impression that the seven UTU officers who are supporting the Sheet Metal Workers International Association takeover of the UTU are doing so at a financial loss to these officers.
Nothing could be further from the truth and a listing of the salary that each of the persons is scheduled to be paid from Mike Sullivan, General President of the SMWIA is listed below. These are payments separate and apart from hotels, airfare, taxis, and gas or car rentals.
John D.Fitzgerald $158,040
Roy G. Boling $ 168,401.
Tony Iannone $ 168,401.
Victor Baffoni $ 158,040.
James R. Cumby $ 158,040.
BrokenRail $193,272
John Babler $ 158,040
One can readily see that the portrait of self-sacrificing union officers is a myth that must be dispelled. For all of these officers it’s simply a case of "show me the money"
Thank you for your assistance in correcting this misrepresentation by these officers and those who spread these false and unsubstantiated assertions.
Update
The UTU Executive Board has met and decided to hold a Trial scheduled in
To view a copy of the full charges, Click Here
The UTU Executive Board has met and decided to hold a Trial scheduled in
To view a copy of the full Charges, Click Here.
Two new post in Blog! Check them out --First post is email from John England regarding UTU National Agreement. --The Second Post "Who is Michael Devita"?
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Update
Court Case
Even though the UTU and the Plaintiffs in the Michael, et al versus UTU court case have an agreed Stipulation to enforce the lawful, democratic rights of UTU members, Paul Thompson and the seven Proposed Intervenors are using their SMWIA-paid attorney to continue to oppose those legal rights.
The agreement between the UTU and the Plaintiffs would allow a SMART Constitution to be negotiated and submitted to the UTU members for a legal ratification vote. This is exactly what the Merger Agreement requires and would fulfill the UTU’s lawful duty to members for a fully-informed vote.
Because Thompson, Brokenrail, the six confederate Vice Presidents and the Sheet Metal Workers do not want us to know how SMART will be constituted until AFTER it is a done deal, they have chosen to attempt a “Hail Mary Pass” and do an end run around Judge Adams’ court to litigate the case in the Sixth Circuit Court of Appeals instead.
They have filed a Petition for a Writ of Mandamus and a Motion to Stay Preliminary Injunction in the Sixth Circuit Court of Appeals. These court documents along with the Plaintiff’s and UTU response are here. Please read them and decide for yourself.
In addition, Thompson, Brokenrail, the six VPs and Goldstein are still required to answer the Plaintiff’s Discovery inquiries in Judge Adams court. The Discovery Hearing in April has been ordered by Judge Adams to establish a record of who is paying whose attorney fees.
The truth is that the Merger Agreement absolutely requires that the UTU membership approve a SMART Constitution, otherwise the merger to create SMART “shall be deemed terminated and of no force and effect.” Also, the law requires the membership be allowed a fully informed vote.
Here is Section II of the Merger Agreement (emphasis added). Read it for yourself. How much simpler could it be?
II. EffectiveDate
Upon approval of this Merger Agreement and of the SMART Constitution (together the Merger Documents) by the General Executive Council of SMWIA and the Board of Directors of UTU, and by the membership of UTU prior to its regular convention to be held in August 2007, and upon certification of those results by the respective International General Secretary- Treasurers, the merger of SMWIA and LTTU to form SMART shall be effective. SMART shall be created as an unincorporated association under the laws of the
Paul Thompson, National Legislative Director James Brunkenhoefer, and Vice Presidents John Babler, Vic Baffoni, Roy Boling, JR Cumby, John Fitzgerald and Tony Iannone are using an attorney, paid by the Sheet Metal Workers, to do everything in their power to see that we never see the SMART Constitution until AFTER it is too late. They continue to do everything in their power to deny us our right to an informed and meaningful vote on the actual terms of the merger. They continue to do everything in their power to conceal the terms of the merger. What is it that they are hiding from UTU members?
In an email Sent:
Subj: My personal gratitude to Plaintiffs
I am supporting the membership with charges against those Officers and ex-non-elected Officer who have been and are still trying to destroy this Labor Organization. I recall at the UTUIA Convention when Mr. Brunkenhoefer went ballistic and wanted to punch me until my son restrained him, now it is apparent to me why he went ballistic. Mr. Thompson has destroyed many families in his time as President and it seams he is not satisfied until he has destroyed each and every family of this great
Respectfully,
Samuel C. Hale,
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Sent:
Subj: stmnt of support
We at Local 965 fully and wholly support the actions of our current elected international officers. We now feel that all information was not entirely provided before the proposed ratification of the SMART merger.
We also wish to express our disappointment in the actions of some former international officers and certain parties that now support this type of merger, it goes against all principals of the UTU constitution and its membership. We will not forget come election time!
Your Brothers/Sisters of L965
Doug Dyer, LC 965
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I support the UTU Administration in its efforts to protect the rights of all members by insisting that a SMART Constitution be produced (as required by the Merger Agreement) and voted upon prior to the merger being consummated. We should all question the motives of former UTU President Thompson, UTU National Legislative Director Brunkenhoefer and the six UTU Vice Presidents who, rather than agree to produce a SMART Constitution for ratification as suggested by US District Court Judge John Adams, have chosen to attempt to circumvent the District Court and have their case heard in the Sixth Circuit Court of Appeals. Thank you to the Administration, the Plaintiffs in the lawsuit, and all others who are diligently working to save our great
Troy L. Johnson
General Chairman
UTU GO-927
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In an email Sent:
Subj:You have my support
I am in full support of President Futhey's solution to the Akron Federal Court case. This solution was completely explained by President Futhey, to all present, at the State of the Union meeting in
President Futhey's solution protects the UTU members and their rights by allowing a correct and democratic revote of the merger proposal.
James (J.P.) Jones, Director
P,S. Simply stated my position is "LET OUR MEMBERS VOTE."
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Update
Supporters for the seven Confederate Officers have started a website. After our review of the website, we couldn't help but notice that they're not accurate, in fact to put it bluntly, somebody is lying to someone. To illustrate our point- here is an excerpted article.
...."Though the membership voted overwhelmingly in favor to merge the UTU and the SMWIA to create SMART and the International leadership unanimously endorsed this merger, the current President filed for an injunction halting the merger. When seven brothers (John Babler, Vic Baffoni, Roy Boling, James Brunkenhoefer, J.R. Cumby, John Fitzgerald and Tony Iannone) asked in a letter that the President, Malcolm Futhey, allow the will of the membership to stand he struck back in an article entitled Let Them Explain Themselves posted on www.utu.org. Approximately a month and a half later these seven brothers had charges brought against them requesting their immediate removal from office and from the UTU. Some of the charges included dual unionism, acting on behalf of personal interests, and withholding of information...."
Since when did President Futhey file an injunction in this Merger? And, how come it isn't mentioned that the Confederate Officers have filed action in the courts, to supplant the vested powers of President Futhey to force this "Flawed Merger" onto the membership?
Did they point out that the confederate officer’s legal fees are being paid by the sheet metal workers-- the reason for Dual Unionism? Why didn't they mention that the Confederate Officers rejected a compromise offered by the Plaintiffs and the UTU which was heavily suggested by the Judge involved? It would've provided for putting the SMART constitution together, as the merger agreement required in the first place, and having a re-vote, which, as the Judge in the case has suggested?
It appears that these Confederate Officers are spoon feeding information to their supporters, making themselves appear as Martyrs. The Confederated Officers probably are doing it as part of the letter writing campaign that some of them have asked their supporters to take part in addressed at the Executive Board. It explains also, all the inaccuracies in those letters as well. The tactic wont work with the Executive Board they will have all the Facts.
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Update
Two new documents have been added to the 6th circuit appeal documents on the "Appeal by Thompson et al page”. They are titled 6th circuit 8; and 6th circuit 9; to review click here.
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In an email
Sent:
Subj: Support and Thanks
The members and officers of Local # 1836 in
Fraternally, Larry P. Barrilleaux
1st U.S.Alternate Vice-President South
Member UTU Local #1836
In an email
Sent:
Subj:In Full Appreciation of Your Efforts
As a member of the UTU for 34 years and who has served this
The membership of Local 1975, is aware of your efforts and pledge our full and continued support of the current Administration and Plaintiff's actions to protect our rights as members of the UTU. As always, if we can be of service please call.
Roger Sparks
S/T, LR, Delegate
Local 1975
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Update
Check out the Blog, a confederate Vice President is writing everyone stating that you”Just have to follow the Money....Well one of our contributors did and we posted his validated findings.....
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Update
Check out our Blog ..Repost from newspaper concerning Sellout.
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Update
First off..New Blog Posted check it out and comments...
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Attorney for the Defendants, Joyce Goldstein has filed another motion. This time it isn't with Judge Adams he has already ordered no more motions from Goldstein. So she went for an appeal with the Superior Court. Prior to this appeal, Judge Adams had asked both sides to provide evidence of who is exactly paying the legal fees of the lawyers; it was done at the request of the Plaintiffs attorney. Goldstein had to admit to the judge in a recent phone conference that her fees were being paid by the Sheet Metal Workers union to represent the Six UTU Vice Presidents, Brokenrail and Thompson against their own
Additionally, you can find on our "Akron Court Documents" page, under plaintiffs, the
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Update
Editors note: Besides this update we provide additional information.....Click Here
SMART Merger UPDATE
The conference on
Unfortunately, Joyce Goldstein, the attorney for Paul Thompson, Brokenrail and the six Vice Presidents; immediately objected and informed the Judge that her “clients” would not accept it. Inquiry was made as to exactly who are Ms. Goldstein’s clients, who are paying her fees, and how she could speak for her clients without having ever discussed the proposed settlement with them. After some wrangling, the Judge recessed the conference to permit Ms. Goldstein to contact her clients and explain the proposed settlement to them. Thereafter, the conference resumed.
During the afternoon conference, Goldstein admitted that the Sheet Metal Workers were paying her fees but asserted that the Sheet Metal Workers were not controlling her conduct. Expressing skepticism about this arrangement and the possibility that the Sheet Metal Workers might be influencing the course of the lawsuit, the Judge ruled that he would hold a hearing on April 25th on their motion to intervene as defendants in order to advocate that the merger be consummated forthwith, without a SMART Constitution and without its ratification by the members. Between now and then, the parties are to engage in discovery via interrogatories, subpoenas and depositions.
Meanwhile, Goldstein and her eight SMWIA “secret agents” have obstructed a resolution of the lawsuit and forced an extension of the
Facts:
- In New Orleans, both Clint Miller, the UTU General Counsel, and Joe Guerrieri, Counsel for the UTU in the litigation, informed the assembled UTU officers that the Union had no real choice but to agree to a membership referendum on the SMART Constitution; otherwise, the Court would rule against it.
- Were it not for Thompson’s, Brokenrail and the six Vice presidents, this case would be settled by now. We would have a final resolution and would be able to know what lies ahead.
- These seven SMWIA secret agents have deliberately obstructed a fair and reasonable settlement and by perpetuating the litigation, they are needlessly inflating the legal costs that UTU members will ultimately have to bear in spite of the officers’ fiduciary responsibility to safeguard our rights and dues monies. Instead they are using Sheet Metal Workers’ money to take away our rights and forcing the needless expenditure of our dues.
- To add insult to injury, these seven Sheet Metal Workers’ secret agents are receiving UTU paychecks which are drawn from our dues.
- Any or all of these seven officers could easily bring an end to this whole mess by sending Ms. Goldstein a letter indicating their desire to withdraw from the litigation.
Questions:
- Does anyone seriously believe Mike Sullivan is silly enough to agree to pay Joyce Goldstein’s fees and then allow the very clowns, who messed up the merger process, to call the shots and instruct their lawyer how to proceed in the litigation?
- If you were an officer of the UTU who acted in collusion with another union to harm the UTU, would you not be guilty of dual unionism?
- Does a UTU International officer not breach his Constitutional and fiduciary duties when he chooses to become a secret agent for another union?
- What options are open to UTU members and officers to protect their rights and prevent Thompson, Brokenrail and the six Vice Presidents, from doing more damage to the UTU? Wouldn’t charges against them remove them from the equation?
- Is Brokenrail and the six Vice Presidents paying dues to the SMWIA? If so, are they payroll deducted?
- What personal benefits are they receiving, or do they hope to receive, for their disloyalty to the UTU membership? What would be so personally beneficial to cause these officers to attempt to destroy the democratic rights of their members? What would cause them to so blatantly throw their personal and professional ethics out the window? What political or financial plums have they already received or been promised?
- Now that their secret is out, will these seven UTU officers continue as agents of the Sheet Metal Workers, or will they return to their Constitutional duties?
We extend our appreciation to those who have so generously donated to the fund to cover legal costs. Without YOU, the defense of our legal and democratic rights would not be possible.
Click here to download our donation form and make a donation to save YOUR union.
Please spread the word about our website to all the UTU members you can.
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New Pages Check them out
Petitioning Mike Sullivan to remove himself from UTUIA Board Save our UTUIA
New page Updated daily Check out our
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UPDATE
As you probably know, seven UTU International Vice Presidents have joined arm-in-arm with Paul Thompson and have petitioned the Federal Court in
In their affidavits to the court, they say:
“As an elected officer, I believe I am duty bound to see that the choices of the UTU’s membership are acknowledged and heeded. The UTU’s members voted overwhelmingly to create SMART. I believe the membership’s choice should be recognized in defending this lawsuit, which seeks to disregard that democratic vote. It is apparent that the newly elected International President does not intend to recognize or defend the UTU membership’s vote in this lawsuit.”
They have absolutely nothing to say about:
- The fact that they are, under the law, duty bound to uphold our rights to an informed vote. We could not make a truly democratic vote without all the information.
- The fact that, even though it is required by the Merger Agreement, the SMART constitution has never been submitted to the members for approval.
- The fact that out of 84,000 members, only 8,625 voted for the merger. That could hardly be called “overwhelming’”. They refuse to accept the fact that many people did not vote because there was simply not enough information available.
- The fact that the 8,625 who voted for the merger were repeatedly told the UTU Constitution would remain intact when we now know that was not true.
- The fact that the 8,625 who voted for the merger were repeatedly told we would retain our autonomy, but we now know that was not true.
In the Preliminary Statement they filed with the court, they say they
“…personally oversaw the negotiations for the creation of SMART and were responsible for the decisions made…” (Document 52-2 page 3 – MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO INTERVENE ON
This sheds a whole new perspective on their reasons for joining the suit as defendants. We had no idea they had all been working on this together with Paul Thompson and we appreciate their eleventh hour confession. Maybe they can now explain to us why they worked so hard to keep the merger a secret until
The Board members voted for the merger agreement on June 11th at the Regional meeting in KC. Why was it that as they moved from one seminar to another they had such great difficulty answering questions from members about the merger proposal? Why are all these Vice Presidents now coming out of the closet to take credit for negotiating with the SMWIA and making the decisions for the creation of SMART? Shouldn’t they instead want to be absolved of their guilt by the general membership for their betrayal? When will they show us the SMART constitution they have been hiding from us?
In the same Preliminary Statement they also state they:
“… have nothing to gain in the way of salary or authority…”
A close look at available LM-2 reports, the Merger Agreement and the SMWIA Constitution tells us that it is simply not true. Should these seven Vice Presidents get their way and the merger actually goes through, they will all get an increase in income and benefits. The detailed report is on the Save Our Union website and a synopsis is below.
You can read the materials for yourself and decide just whose side those seven International officers are on. Some of them have been good officers who, in the past, were willing to speak up for all of their members. What has changed their minds? What could possibly have motivated them?
At a time when they should be representing the lawful rights of each and every member of the UTU, they instead are abandoning all of us to join hands with Paul Thompson in a sell-out of our rights, our autonomy and our union. Why?
Under the United Transportation
- The UTU pays its Vice Presidents over $137,000 annually with a daily per Diem of $113, for mileage, airfare, etc. They actually have to leave their house and perform service to collect the expense allowance.
- H&W benefits and the UTU Segregated Fund Pension Plan.
- Under the UTU Constitution our Officers have to run for reelection every four years. This requires them to be somewhat responsive to the UTU Membership or to at least provide a level of service to the General Committees when assigned to assure their support.
Under the Sheet Metal, Air, Rail and Transportation Workers (SMART):
- Our Vice Presidents would be described as General Vice Presidents, but would be considered SMART International Organizers or Representatives. Their base salary would be approximately $114,000 annually.
- In addition to the above salary, they would receive an additional allowance of $44,000 annually whether they ever leave their house of not? That allowance is for a car and other expenses. This allowance is paid even though they are reimbursed for air fares, rental cars, hotel bills, and etc. while on official business.
- As SMART General Vice Presidents they would number six (6) of the seventeen (17) Vice Presidents. The General President and Vice Presidents make up the General Executive Board. With only six (6) votes out of eighteen (18) who will have the ultimate power and authority in SMART?
- The General President of SMART, Mike Sullivan, would completely control the UTU officers through their paychecks. The SMWIA Constitution grants him the power to adjust, either up or down, the salary and allowances of International Vice Presidents, based on his perception of their performance.
- They would be immediately vested in the Sheet Metal Workers Officer’s Pension Fund, and would receive, on retirement, that payout in addition to what they had accrued in the UTU Segregated Pension fund.
- They are qualified for the SMWIA 401 K plan which is matched up to 3% by Sheet Metal Workers International Association?
- They 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?
- They will be entitled to the SMWIA Officers COLA fund.
Here is one very important question to ask. Given the fact that the SMWIA Constitution gives Mike Sullivan the power to control SMART International Organizers, Representatives and General Vice Presidents salaries and allowances, who will these seven Vice Presidents answer to? Will they answer to the members or will they dance to the tunes called by the man who so easily controls their paycheck?
In fact, you could ask, who are they answering to right now? Are they answering to the members they claim to be representing or are they still answering to Paul Thompson and whoever is actually paying their attorneys?
Important Dates:
February 1 – Telephone conference between Judge Adams and all attorneys.
February 8 – Court hearing in
Words cannot suffice to express our appreciation for the generous donations from members, Locals, State Legislative Boards, and General Committees to the Save Our Union legal fund. We are still working to cover the mounting costs.
You can click here for the information and form to send your donation, or simply mail your check to:
Save Our
101 Stoney
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Update
We do not know exactly what Paul Thompson's motive is but even though he is retired and gone he still wants to force the SMART merger down our throats. Seven International Officers have joined arm-in-arm with Thompson and want to be additional-named defendants in the case.
Click here to view their submissions to the Federal Court in
posted
The following post is from one of the plaintiffs:
Editorial: UTU Board members go do your homework!
Friends and members,
UTU VP Tony Iannone makes his case in his letter representing part of the UTU Board members. However, take notice that he does not even mention the fact that it was the members that were cheated of a fair voting process. A 17% turn-out of the membership at voting is enough to raise a red flag considering that over 50% voted during the BLE/UTU merger vote.
The judge will most likely review and rule on the lack of viable voting info being provided for the members. This issue is not about the UTU board but rather about the rights of the individual member and a fair voting process as required by the Department of Labor and federal law.
By the way, I am not nor have I ever had any role with the Teamsters. I can only imagine if we plaintiffs did try and contact the Teamsters that they would either laugh us out of building or have security throw us out the door. At our level of position within the UTU we have no power to bargain any kind of deal with any union.
However, we do have the right to go to court and challenge a questionable legal voting process. Why was it that on the same day the board members voted for the merger agreement on June 11th at the Regional meeting in KC that as they moved about from one seminar to another that they had great difficulty answering questions from members about the merger proposal?
Why did Paul Thompson withhold the May 17th merger agreement from board members until the evening of June 10th? Why didn't Paul Thompson just do it right the first time and complete the SMART Constitution as mentioned in the merger agreement and numerous pieces of UTU correspondence so that all officers and members could evaluate the merits of this merger?
Exhibit 19, the October created exhibit from the legal department of the SMWIA counsel to the UTU counsel clearly outlines that there is a minimum of some forty plus changes to the UTU Constitution "in conformity" as required from the merger agreement. Our UTU Constitution faced so many changes that our autonomy would have been taken away. There is no way that the board or the members truly understood this early on and this is why the plaintiffs went to court to try and correct an injustice swiftly thrown at the members.
I don't think Paul Thompson did a very good job of informing or providing the needed documentation that high ranking officers should have received to make sound decisions concerning this whole merger issue.
I mean no disrespect to any UTU board members, but if any UTU officer or member wants to see documentation concerning this case just use your google searcher and type in "Save Our Union" and there are lot's of documents including court documents that can be reviewed. Now board members please go do your homework!
Thanks for your continued support,
John Hasenauer
To the Administrator of
"Save Our
Is It True?
I have heard a lot of rumors about the reasons why UTU Officers would push so strongly for the merger with the Sheet Metal Workers International Association and I am hoping that you can answer some questions and clarify why it is happening?
Under the United Transportation
- 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.
Under the Sheet Metal, Air, Rail and Transportation Workers (SMART):
- 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?
I would appreciate it if you could post and pose these questions to both the general UTU Membership and the Officers involved because all of their actions to this point are becoming very suspect.
The general consensus of opinion is that an underlying and unknown deal was made for these Officers to come on board with SMWIA and for the reasons above they have all agreed to throw the United Transportation Union over the side.
Dave Murphy, Chairman
United Transportation Union Local 982
Update
On the Merger Court Case in
A telephone conference call was held on
Unfortunately, even though he is no longer in office and is no longer the Defendant President of the UTU, Paul Thompson still insists on making every attempt to stall and disrupt the case. He filed papers with the court to be represented by a new attorney, Joyce Goldstein of
The link to the entire transcript from the conference call is below, but here are some excerpted quotes (emphasis added) from Judge Adams:
“Quite frankly, the Court has a question as to whether or not Mr. Thompson has any further standing in this litigation given the fact he is no longer the president of the UTU…”
“And the plain language, as I've already explained, at least my view, the plain language of the agreement requires the approval of the merger agreement and of the SMART constitution. And there has never been a quote/unquote "SMART constitution."
“And it's fairly clear to me... that there has never been a SMART constitution presented to the membership for their approval... I'm just restating what I said at the time of the
“And it was never formed and never in existence and never forwarded to the membership and never approved by the membership as part and parcel of the merger documents as the clear plain language of the merger agreement contemplates. And I find that to be a very glaring problem in the case.
“I don't know how you can vote on merging with another entity without having the documents upon which the merger is formed. And that is by its own terms, the merger agreement and the constitution upon which the merger will be based.”
“Well, was that ever provided to the members? No. So a constitution was never provided to the members. How could they approve it as Article II provides?”
“Are you going to provide me a copy? I asked for a copy at the time of the hearing. No one has ever provided me with a copy of the SMART constitution. No one has ever provided members with a copy of the SMART constitution.”
“In this case this was -- the difficulty I have, nothing was provided to the members, all of the members, as it relates to a constitution or any other document that ultimately would compose the constitution. I think this is a glaring, if not fatal, defect in the election process.”
The Plaintiff’s subsequently filed a motion to remove Paul Thompson as a named defendant in the lawsuit and to substitute Mike Futhey given that he is now, officially, the “President of the UTU”. Ms. Goldstein (appearing for Paul Thompson) was allowed 14 days to submit a response.
As it stands now there is another telephone conference between the Judge and the attorneys scheduled for February 1, and an evidentiary hearing is scheduled for February 8th in the event it is necessary for the court to impose a longer, “preliminary injunction.”
Click HERE to read the entire transcript.
Click HERE to donate to the Legal Fund to help us Save Our Union. Because of the self-serving stall tactics of Paul Thompson and Others, there are additional costs.
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Update
Check out our Blog to find a repost from UTU.org where New Administration is investigating what may be an Impropriety by Thompson in service to UTUIA.
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Update
Click The Truth About The Merger for a post on the Merger Truth, and where were at today with the Lawsuit to Save The UTU.
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Update
So they're saying we need to merge because were broke. Well thats not what the International Financial Reports indicate. Check it out for yourself, new page added.
Click Here UTU Finances Revealed
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Update
Please find new pages on website entitled "Akron Court Documents", and “Constitutional Conflicts Rev " The latter of which is a Review of the Document entitled " UTU Articles in conflict with the SMWIA Constitution or Merger Agreement". After reading this--You really have to wonder why anyone would want this merger much less agree to it, -- it totally guts our Constitution and our Autonomy.
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UPDATE
Below is posted a letter dated |
Let them explain themselves By UTU International President Mike Futhey In spite of a federal court ruling Dec. 27 that UTU members were provided insufficient -- and even misleading -- information regarding the proposed merger with the Sheet Metal Workers' union, seven current members of the UTU Board of Directors demanded in a letter to me Jan. 3 that I nonetheless support the merger and instruct the UTU Law Department to seek to overturn the court’s ruling. In fact, the court's ruling was supported by declarations from a majority of the previous board of directors who had voted to put the merger to a membership vote. Now, seven current board members support the shotgun wedding of the UTU with the SMWIA that was boxed in secrecy and wrapped in a deception that would disenfranchise the craft and general-committee autonomy so cherished by our members. Assistant President Arty Martin, General Secretary and Treasurer Kim Thompson and I support providing the membership with full disclosure before asking them to vote on something so crucial to the future of this union, their careers and their families. We ask Brothers Babler, Baffoni, Boling, Brunkenhoefer, Cumby, Fitzgerald and Iannone to explain why they don’t want to provide the membership with full and honest disclosure before seeking a vote on a merger with another organization. Each of them committed in recent weeks that they were putting politics behind them and would work with this administration for the benefit of the entire union. What, other than politics, would cause them to take the position they have taken? Indeed, in the face of indisputable evidence -- validated by a federal court -- that the membership did not have sufficient and factual information on which to vote, these seven brothers want that vote to stand. Rumors are being circulated that unless we merge now -- and under the recently disclosed and previously hidden terms that would disenfranchise our craft autonomy -- the union is in danger of financial collapse. That is not true. Former International President Paul Thompson said emphatically at our regional meetings in In fact, convention cost controls left us with a $1-million surplus from the convention. Moreover, the reduction of International vice president positions will save an additional $1 million annually, the $2 dues increase initiated by Paul Thompson will add another $1.5 million annually, and other cost controls being instituted will further improve our financial strength. Contrary to misinformation, this union is solvent and does not require a shotgun wedding to survive. The 30-day extension was agreed to by parties so that we might explore all possibilities of resolution consistent with the interests of our members. I intend to use this period to clear up the lack of information and misinformation that previously was provided our membership. Following is the form letter that was submitted to me separately by each of the seven brothers: John Babler, Vic Baffoni, Roy Boling, James Brunkenhoefer, J.R. Cumby, John Fitzgerald and Tony Iannone: Mr. M. B. Futhey, United Transportation
======================================================== Reference: UTU/SMWIA Merger Dear Sir and Brother, I understand that the UTU Board of Directors unanimously endorsed the merger of United Transportation Union (UTU) and the Sheet Metal Workers International Association (SMWIA). I also understand that on As a member of the current UTU Board of Directors, I request 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. Furthermore, I request that any change(s), internal, legal or otherwise, regarding the merger of the UTU with SMWIA must have the concurrence of the UTU Board of Directors as set forth in the UTU Constitution. As a member of the UTU Board of Directors I so hold. |
Update
Big day tomorrow Lawyers talking on phone with Judge..will keep you up to date on what we find out. Hang with us Brothers and Sisters its not over tell the Fat Lady Sings.
Sisters & Brothers
I think that it is now time for Paul Thompson and the rest of his incompetent staff and few supporting officers to finally admit that the absurd allegation that everyone who opposed the merger was Teamster oriented.
Most of the union brothers and sisters who saw this merger from another perspective have been loyal members, officers, state directors and committee persons for many years. A lot, in fact, have their (40) year pins from the UTU and are also concerned UTUIA members.
The assertions by Thompson & company that only they have the one true perspective necessary for dealing with the UTU's problems was totally rejected at the last UTU Convention on
Unfortunately even after they all lost in their attempt to take control of our
Does the UTU have to re-evaluate its financial position? Certainly. Can the UTU have the time now to make an honest and unbiased assessment of what needs to be done by the new administration? I hope so.
There is still a list of questions that need to be addressed by the new administration and hopefully the here-to- fore uncontrollable officers who remained adamant about turning our
Were they trying to bury problems that they were keeping hidden from the general membership? Were Thompson's statements about the financial stability of UTU all a lie?
Why is there such a disparity between what Thompson and Hakey say from what Brunkenhoefer said in his declaration about finances?
Maybe we can get to these differences in testimony in open court at a formal trial?
It is also quite apparent that there is a need to investigate the ties between UTUIA and AIL to see if any conflicts exist in the board members ability to serve two masters. It would be good to also determine if both were paying for the services to both insurance companies and the inherent conflict that would arise from that circumstance.
I would encourage you all to ask these questions of those who claim to have UTU's best interests at heart and who are more than adequately paid to deliver on that responsibility.
Fraternally,
Dave Murphy, Local 982
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Labor Dept. Intervention & Letter asking for charges to be filed against Thompson
Brothers & Sisters,
If we are to have any semblance of the
The terms and conditions of the “secret ballot” pertaining to the Smart Merger agreement are severely circumspect. I’m in the process of determining just how many of our local’s members did not receive a ballot. At least two contacted President Thompson’s office directly to ascertain a ballot without receiving any kind of response. It does not take a great leap of faith to believe the poor turnout isn’t at least in part related to many members not receiving a ballot. We knew a percentage of members wouldn’t vote, however approximately 16% return is far below average.
If “M. Spangler” has done too good a job “covering up members who voted while on E-49 status” then the
Brian Donald
President & Delegate
UTU Local 161
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Brothers:
It is important that charges be filed against the President and Assistant President for their failure to adhere to the provisions of the UTU Constitution and the apparent collusion that was used to present the fraudulent merger proposal to the UTU board of Directors.
Article 25 sets up a time line that must be observed and while the charges do not need to be extensive they would have to include sufficient information that the Executive Board would say that there is sufficient information to warrant the hearing of the charges. None of this will do any good if it happens after January 1st. A brief listing of the charges could be filed on Monday with very little effort.
Talking over this matter with several people it seems that the basis of the case would be that the Board of Directors was mislead and kept in the dark about the true details of the proposal until after the Board would be powerless to act.
Obviously it is important to charge both Thompson and Marceau and to have the Board of Directors actually testify before the Executive Board to attest to the fact that such fraudulent actions did take place. It has also been suggested that due to Paul Thompson being over age 65 his holding the position as President was improper and that he did not have the authority to act on behalf of the UTU in negotiations for this merger.
I would request your thoughts on this matter while there is still a small window of opportunity.
Dave Murphy, Chairman
United Transportation Union Local 982
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MERGER NEWS / Source: Circulated Email
The news is of today that M. Spangler who heads up the billing audit department has spent all week trying to cover up the members who voted who were on E-49 as she has been instructed. The UTUIA employees in the Office, (
There are over 30 changes to the Constitution to comply with all the changes being made to the UTU. Locals with less than 125 members will be closed, small General Committee's will be merged with larger ones and larger one's will be reduced to the size of the merge one's.
State Legislative boards will be merged on membership numbers to be equal with merger agreement.
Again, Locals should poll their members to ascertain who received a ballot and when received and was it returned. This was to be a secret ballot however the present Administration passed out copies of how certain members vote at the UTU Convention. Is this a violation of
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UTU Members
UTU Local Presidents and Officers
UTU Local Chairpersons
UTU General Chairpersons
Brothers and Sisters, the recent referendum concerning the UTU-SMWIA merger appears to have excluded a substantial portion of our membership with a small percentage who received the ballot after
We are also deeply concerned with the number of votes cast (a copy of the final vote total is attached) and the lack of pertinent information provided to our Members who were required to make a spur of the moment decision on a merger that most had not even heard about until the ballot arrived in the mail.
The International President and his committee were obviously in a rush to place the incomplete merger agreement before the Membership and merely combined the Two Organizations constitutions without consolidating and integrating the relevant provisions, leaving many issues to be settled subsequent to the vote, which deprived our Members of their right to an informed, meaningful and democratic vote.
Furthermore, the powers that be have kept the number of total votes cast a guarded secret, stating only that Seventy-One (71) percent of the ballots returned were in favor of the merger. Moreover, they have denied the request of at least Two (2) Locals for a breakdown of the total vote count, providing only the aggregate totals and the number of vote cast by their Members for and against the referendum.
We believe Paul Thompson rushed this merger through so that he could keep us all in the dark about the real provisions that will change the UTU to nothing but an outvoted division of the Sheet Metal Workers. That division will be headed by an APPOINTED, NOT DULY ELECTED, “Director” who will report directly to the President of the Sheet Metal Workers and those two will strictly control how OUR dues monies are spent! Has the UTU retained its autonomy? Hell NO!
Thompson clearly said there would be no dues increase – so why does it appear Thompson is planning for us to be hit with an immediate dues increase after he is gone?
Thompson repeatedly said the UTU Constitution would remain intact – so why has he made repeated statements about necessary changes?
We are exploring possible legal options that may require some support from those who see this destructive tragedy for what it is.
WE need your help! Please, post this information, poll your Members to determine how many did not receive the ballot and forward the information complete with the names and local number to tarpinhilljct@gmail.com .
Thank you in advance for your help; please respond as soon as possible, as time is of the essence, more information to follow.
Ed Michael
UTU Local 979
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Brothers & Sisters,
Attached you will find a copy of the charges which are filed against Thompson & Marceau for their devious manipulation of OUR
They have crafted a merger agreement that kept hidden from the light of day the fact that the UTU would become a subsidiary of the Sheet Metal Workers Union which will own all of our assets, including your dues, and wield the "power of our purse-strings" over us. Money is, after all, the tail that can wag the dog.
Contrary to what we were told, the UTU will not be autonomous; we will be beholden to SMWIA President Sullivan, and an executive board comprised of an overwhelming majority of Sheet Metal Workers officers.
As you will see from the attached charges, their plans may yet unravel. We do have a chance to save our union, but only with your help and support. If the merger goes forward, they will have succeeded in --
- Giving away our hard-earned dues money and all other UTU property!
- Relinquishing ultimate control over our contracts!
- Giving away the authority to force the merger of locals and general committees, and to impose trusteeships!
- Forcing an automatic dues increase!
- Assigning an unelected babysitter to oversee and "guide" us and make decisions for us!
- Collecting the Sheet Metal officer’s pension over and above the UTU Officer’s Pension which you and I have totally paid for with our dues.
Do we just turn our heads and hope it will all work out? NO!
The UTU belongs to us, the members, Local officers and General Chairmen. The merger vote was a fraud because we were not told about any of these critical features of SMART. As a consequence, the vote was not an accurate barometer of the will of our membership.
We must, all of us, send a message to Thompson and Marceau: "Fooled once, shame on you; Fooled twice, shame on me!"
Now that the cat has finally crawled out of the bag, we must move. We must take back our
We can march on that office building and save what is ours!
We have all seen how powerfully effective membership action can be in other groups. Now is the time to let every UTU member know what is happening to our union. Send this email to every member you know. Print and hand out copies of the attached flier to our brothers & sisters.
More news will follow! Do you want to help? Email savetheutu@gmail.com or call
Let's put that power to use for ourselves. Together, we can do it!!!!
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10/26/07
UTU: Sold Out, Lock, Stock & Barrel
The following is my own personal opinion about the shocking news in the UTU… Ed Michael
We have just heard of one of the most arrogant, back-stabbing actions by any union leader, ever. UTU’s President Paul Thompson with the collusion of the SMWIA President, Michael Sullivan, has just managed to double-cross every UTU member.
This year’s UTU International convention did not quite go as Paul Thompson had planned. He was not running for re-election as President, instead he was backing VP Dave Hakey for the job. He pulled out all the stops to get Hakey elected, but lo and behold a majority of the delegates were in a house cleaning mood. Not only did Hakey not get elected as President, but he was also defeated in the bid to return to his Vice-President position.
Thompson was livid and would get his revenge, not only on the delegates, but on the entire UTU membership. The UTU Board of Directors meets on the first Tuesday of April and October unless specially convened by the President. At the Board of Directors meeting on October 2, Thompson dropped his bombshell. He announced that SMWIA President Michael Sullivan had decided to appoint David Hakey to the position of Assistant to the SMART President and put Hakey in charge of the SMART Transportation Division.
That’s right. Thompson and Sullivan just did an end run around the UTU election process. The delegates voted democratically at the convention, but Paul Thompson didn’t care. SMWIA President Mike Sullivan was glad to do Thompson’s bidding, because Thompson had all ready delivered the UTU to him on a silver platter. The newly elected UTU officers will have to answer to Hakey who was twice defeated at the convention. He was supposed to go back home and work his seniority position, but now Thompson and Sullivan have put him in charge. So much for democratic elections!
At the recent Western Region General Chairmen’s Association meeting in
Paul Thompson has done an untold amount of damage to our union. The terms of the SMART merger agreement are just now beginning to become apparent. The UTU will become the Transportation Division of SMART. Under what terms?
- The Transportation Division will have no treasury of its own. Our dues money will go directly into the General Fund of SMART. That means Mike Sullivan and the Sheet Metal Workers decide how our dues are spent and they control any money spent in our behalf. All UTU properties, monies and assets immediately become the property of SMART. During the merger vote we were told the SMWIA spends 40% of their dues on organizing. Are they going to spend 40% of our dues on organizing sheet metal shops?
- Thompson repeatedly promised us the SMART constitution would be created by inserting the intact UTU constitution into the SMWIA constitution as Article 21(b). He said over and over again the UTU constitution would remain intact. Now we are hearing that he is gutting it completely under the flimsy excuse of making it “comply” with the SMWIA constitution. He actually bragged that he and David Hakey are doing things to the constitution that the Delegates never would.
- Any action by UTU delegates to change the constitution will have to be approved by the Sheet Metal Workers. That’s right, if our delegates vote to change the portion of the constitution which governs us, it has to be approved by the Sheet Metal Workers. Why do THEY decide how we function?
- We will never again vote on a merger. The SMART constitution says the International officers will decide who and when to merge with, not us.
- Any on property agreement made by a General Chairman will have to be approved by the Sheet Metal Workers before it can take affect.
Why is all this just now coming to light? One reason is that we were not furnished a copy of the SMART constitution in the ballot package we received during the merger vote. The merger agreement specified that we would get a copy to approve. Why wasn’t it in the ballot package? Why were the terms of the merger agreement, which specified the procedures, not complied with? The SMART constitution will be the rule and guide for the operation of our union, and we currently have absolutely no idea of what it says! How could we legally approve a merger without knowing anything about the constitution of that merged union? The fact is Thompson has refused to distribute the SMART constitution until AFTER he leaves office on December 31. I call that really covering your backside!
Another reason this is just now coming to light is that the merger vote was deliberately rushed through to keep everyone un-informed. Thompson said they had been working on the merger terms for 2 ½ years. They kept it secret from us all that time, but when it was time for us to vote, it was given the rush job. There was no time allowed for town-hall meetings. International officers were kept away so that questions would go unanswered. The questions and answers which were posted on the UTU website were deliberately full of inconsistencies and contradictions and quite a few of them never got posted until just before the ballots were counted.
Here is a quote from Paul Thompson about the SMART merger:
“In solidarity, SMART will represent its members with clarity of vision, honesty of intent, and oneness of purpose”.
Would he have been referring to the clouded clarity of only his own vision, the “honesty?” of his personal intentions and the oneness of his own selfish purposes?
Throughout the period of the SMART merger vote, we were continuously subjected to reminders that SMWIA President Mike Sullivan is currently the President of the Eugene V. Debs Foundation. Thomson crowed about it every chance he got. With the undemocratic screwing Sullivan and Thompson are perpetrating on the UTU, I would venture to guess that Eugene V. Debs is now spinning in his grave.
Ed Michael
UTU Local 979
