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7/13/07
united transportation union
GENERAL COMMITTEE of ADJUSTMENT
GO-386
Burlington Northern Santa Fe
Railroad and Montana Western Railroad
|
Of Counsel M. M. WINTER G.O. HARTSOCK |
July 13, 2007 |
|
P.C. Thompson |
Re: Proposed Merger between UTU and SMWIA |
Dear Sir and Brother:
In regard to the above reference, note my letter of July 9, 2007, wherein I sought answers to several questions (copy attached). Question No. 1 in that letter concerned maintenance of General Committee autonomy under the Smart Constitution, I would expand that question to reference Article III of the proposed “Merger Agreement” which specifically states where there is any conflict between the existing UTU Constitution and the SMWIA Constitution, the SMWIA Constitution will prevail. It would therefore follow that General Committee Autonomy is not so preserved or is at least an area of uncertainty.
Another issue that has arisen in recent days concerns the time line for conventions and realignment of Committee By-Laws. SMWIA International officers are elected to five (5) year terms. The last SMWIA convention and elections occurred in 2004 as shown by the SMWIA Constitution. The merger proposal identifies the August 2007, UTU Convention and then identifies the next Transportation Division convention to be scheduled immediately prior to the first SMART General Convention in 2011. Those dates do not coincide with existing requirements under either predecessor Constitution. With a five (5) year term, the SMWIA would have their next convention in 2009, followed by 2014. Please respond and explain.
With the approaching date of mailing ballots and informational material and in consideration of the detailed questions and lack of understanding by the members who will vote, I believe the balloting should be held up until at least September, 2007.
The rush to ratify a product of unknown effect does a great disservice to both organizations and their respective memberships, and appears to be causing a number of members to lean toward a “no” vote. A mutual determination by your office and SMWIA to so delay the balloting would not delay the implementation of the merger and would allow reasonable consideration and comfort.
I do believe, given sufficient time and clarification of issues, a more fair decision will be made. In my comments posted on the UTU web site, I encouraged addressing concerns and questions as well as “transparency and openness.” At this late date, a delay in the voting will gain such transparency and openness.
I am still of the opinion the consolidation of UTU and SMWIA will be an overall benefit, however, I do have sincere concerns over aspects of General Committee and State Board structure and conduct of business and the autonomy of those Committees and Boards.
I have heard nothing but praise and admiration for SMWIA General President Sullivan from a number of outside sources and do not mean any criticism of his abilities or integrity by my belief the vote should be delayed.
With best wishes, I am,
Fraternally yours,
/s/J.D. Fitzgerald
General Chairman
Cc: R.L. Marceau
C.J. Miller III
D.R. Howard
J.L. Schollmeyer
D.L. Allard
united transportation union
GENERAL COMMITTEE of ADJUSTMENT
GO-386
Burlington Northern Santa Fe
Railroad and Montana Western Railroad
|
Of Counsel M. M. WINTER G.O. HARTSOCK |
July 9, 2007 |
|
P.C. Thompson |
Re: Proposed Merger |
Dear Sir and Brother:
In regard to the above reference, several questions and issues have been raised. Those questions and issues are:
Article 3, Section 2(a) provides the General President with far greater control, direction and supervision of all locals, state, provincial and district councils and all officers thereof.
This is in conflict with the existing autonomy of General Committees and State Legislative Boards provided under the existing UTU Constitution.
Question 1 Will the General Committees and State Boards become subservient to the General President if the merger is approved, especially after 2011?
Further, under Article 1, Section 10 of the SMWIA Constitution subordinate bodies (Committees and Boards) cannot take positions that stand in conflict with any SMWIA Constitutional provision or decisions of the officers of the Association, which includes the General President and the New President of Transportation?
Question 2 As above will all legal action, actions taken at the STB or other agency by a General Committee or State Board that so conflicts, cause the officers of the subordinate Committees or Boards to be subject to action under Article 3, Section 2(a)?
Also of note is Article XIII of the proposed Merger Agreement which allows any portion or clause of the Merger Agreement to be modified by approval of the General President and President of Transportation Division and a 75% vote of the General Executive Council.
This would allow the content of the Merger agreement to be changed by approval of the two (2) Presidents, plus the existing Vice Presidents of SMWIA and one (1) other person, (for instance the Assistant UTU President, the UTU General Secretary/Treasurer, or the UTU National Director).
Question 3 What guarantee do the members have that the handling will be as stated in the merger proposal?
Lastly, specific areas are left without comment or clarification such as:
A. Dues Structure
B. Existing salaries of Committee Chairpersons, Vice Chairpersons and International Vice Presidents not part of the Executive Council.
All of the above need answers or more complete explanation. Without such, I will have a difficult time continuing support of the merger.
Urge an early response. From ground level the absence and valid information to answer valid concerns is generating a negative approach by the members.
With best wishes, I am,
Fraternally yours,
/s/J.D. Fitzgerald
General Chairman
Cc: R.L. Marceau
C.J. Miller III
D.R. Howard
J.L. Schollmeyer
D.L. Allard
7/9/07
MERGER BALLOTS IN MAIL JULY 17
Ballots, allowing UTU members to vote on the proposed UTU merger with the Sheet Metal Workers International Association (SMWIA), will be mailed Tuesday, July 17. The merger would create the 230,000-member Sheet Metal, Air, Rail and Transportation Workers (SMART) union.
Members will receive, at their home address, a package that includes a ballot, the merger document, detailed voting instructions, a video on CD disk explaining the merger, a special edition of UTU News, a letter from International President Paul Thompson, and a letter from AFL-CIO President John Sweeney.
Ballots will be tabulated by the American Arbitration Association.
The deadline for voting will be Tuesday, Aug. 7.
Voting will be via the American Arbitration Association's electronic voting system.
Voting will be by telephone, with toll-free telephone lines open 24-hours a day, seven days a week, commencing July 17 and closing at 11:59 p.m., Eastern daylight time, Aug. 7.
Each member will receive, in their ballot packet, a unique random personal identification number that will allow them to cast a ballot. Votes must be cast from a touchtone telephone.
The UTU already has established a special merger page at its website, www.utu.org, with explanatory information on the merger. Access to the merger page is achieved by going to the bottom right-hand corner of the website home page and clicking on the animated "Merger" box. Additional information is being added almost daily, and members should check that web page regularly.
During the week of July 9, answers to frequently asked questions
will be added to the website merger page. As additional questions
are received by the International, additional answers will be added
to the FAQ section on the merger page. Questions should be sent to
the UTU via U.S. mail (14600 Detroit Rd., Cleveland, OH 44107), or
sent via e-mail to
president@utu.org.
Members should keep the following in mind as they begin discussing the merger and considering how they will vote:
* Existing agreements will remain in full force and effect.
* The UTU constitution will be integrated into the SMART constitution intact, including the current autonomy provisions.
* No UTU local, general committee of adjustment or state legislative board will be closed as a result of the merger, nor will any UTU local or general committee lose its jurisdiction.
* The merger will not affect any policies or annuities issued by the UTUIA, as the UTUIA is not a part of the formal merger and will continue to be governed by regulations of the Ohio Department of Insurance. The UTU-SMWIA merger will, however, create a large new pool of potential UTUIA policy holders, which will help assure the future financial viability of the UTUIA.
* The SMWIA was formed as a rail union in 1888, and currently represents some 12,000 rail workers.
* The SMWIA, in addition to having expertise under the Railway Labor Act, also has special expertise in negotiating, organizing and filing grievances under the National Labor Relations Act, which is important to UTU bus members.
* The general president of the SMWIA, Mike Sullivan, is also president of the Eugene V. Debs Foundation and is considered one of the nation's most competent scholars on Eugene V. Debs.
* The SMWIA currently spends more than 40 percent of its budget on organizing, and is prepared to commence, in concert with UTU officers following merger, a significant organizing drive on non-organized shortline rail, bus and airline properties.
* Creation of SMART will create one of the largest political action committees (PACs) in America, adding considerably to our access to, and influence in, Congress and state legislatures.
* The SMWIA strike fund now exceeds $50 million; and, as SMWIA General President Mike Sullivan says, "Currently, the ability of rail employees to strike is limited. But politics can change that and we want to be in a position to act effectively against carriers."
* AFL-CIO Secretary-Treasurer Rich Trumka, who supports the merger, points out that the combined resources of the SMWIA and the UTU will "help your fight with CSX and BNSF to protect your job from others attempting to take it." This is crucial owing to recent agreements the BLET signed with BNSF and CSX, which are aimed at taking UTU jobs.
* The UTU-SMWIA merger preserves UTU craft autonomy. Additionally, the SMART merger establishes a Transportation Division that will be under the direction of a president elected by UTU members at the August convention, thus assuring autonomy and control of issues affecting operating employees.
* SMART will provide an alternative opportunity for other railroad craft unions to join an organization that represents railroad craft employees, and not an organization that represents primarily truck drivers whose legislative agenda is contrary to the rail industry.
* Under SMART, 10 UTU International positions will be eliminated.