UTU intends to continue action at NMB on July 6

UTU intends to continue action at NMB on July 6

CLEVELAND (June 23) – The United Transportation Union (UTU) is determined to go forward with its application at the National Mediation Board (NMB) beginning July 6 despite an AFL-CIO ruling asking them to withdraw it.

"The UTU is committed to proceeding at the NMB on July 6 and beyond," said Charles L. Little, UTU International President. "We respect the Federation’s decision, but we believe it is wrong. Therefore, we are appealing it to the Federation’s Executive Council, and taking our case to a higher authority – the U.S. government – where we believe we will get a fair hearing."

Little pointed out that at the UTU’s Los Angeles Regional Meeting the union’s International Officers unanimously passed a resolution to "stay the course with our Union Pacific representation petition to the National Mediation Board."

On Monday, the AFL-CIO non-compliance subcommittee of the Federation’s Executive Council (consisting of Secretary-Treasurer Richard Trumka and Vice Presidents Sacco and West) ruled in favor of the BLE that the UTU failed to comply with the determination of the Article XX Impartial Umpire, and must withdraw its application to the NMB by June 28, 1999, in order to be in compliance.

The UTU and BLE have a long history of Article XX disputes with each union winning some and losing some. "This is like a holding penalty in an NFL game," said Little. "We think instant replay is needed at the Federation, and it will not affect the UTU’s final victory on the Union Pacific."

The UTU contends that the BLE intentionally provoked it to reactivate its NMB application by repudiating the November 1998 agreement to merge.

By the admission of its two top officers, the BLE never intended to honor its commitment to unify with the UTU and "provoked" the UTU in returning to the NMB for an impartial ruling on a representation dispute. In his recall campaign literature, BLE President Clarence Monin admits he never intended to live up to the Statement of Principles he signed on unification and says, "As your president, I’ve held off UTU…"

In addition, the BLE’s first vice president said that two days before the BLE signed the Statement of Principles with the UTU in November 1998, that its President had made a secret agreement with the Federation’s Trumka.

BLE First Vice President Ed Dubroski wrote in his May 1999 letter to members, "I had learned two facts that had been kept from me by President Monin. The first was that Brother David Ditzel, President Monin’s Executive Aide, met privately with Brother Trumka two days before the Principles were signed. At that meeting Brother Trumka promised the BLE of the AFL-CIO’s full support if the UTU tried to go back to the NMB, up to and including going directly to the White House."

AFL-CIO President John Sweeney, however, denies Trumka made such a deal.

"The unfairness of this process comes through loud and clear," said Little. "President Sweeney and Brother Trumka know the UTU did not scuttle unification, the BLE did. They know that Monin killed unification because of his recall election and because he believed he had the Federation’s support if he provoked us to return to the NMB. We made our case, and the Federation’s decision is beyond the facts and fairness. The UTU has no other choice for a fair hearing than to continue at the NMB."

In his letter, the BLE’s Dubroski wrote that Monin intentionally provoked the UTU to reactivate its NMB petition to sanction a representation election on the Union Pacific Railroad. Dubroski is facing off against BLE President Monin in a recall election.

Dubroski wrote: "President Monin has proved to me that he is willing to risk all in his effort to keep his position, even if it means putting the members of the BLE as a whole at risk, as he has done by provoking the UTU into going back to the NMB."

The NMB has scheduled hearings July 6-9 at its Washington, D.C. headquarters on the UTU’s petition to hold a representation election for the craft or class of Train and Engine Service Employees on the Union Pacific Railroad. The hearing will begin at 10 a.m. on Tuesday, July 6, and will conclude on July 9. If necessary, however, the hearings will continue through the close of business on July 12. A decision is expected by the end of August.