UTU appeals AFL-CIO ruling to Executive Council

UTU appeals AFL-CIO ruling to Executive Council

CLEVELAND (June 25) – The United Transportation Union (UTU) today appealed an AFL-CIO subcommittee’s determination in an Article XX case to the federation’s Executive Council and requested that sanctions "be stayed pending a ruling" on the appeal.

In his letter to AFL-CIO President John A. Sweeney, UTU President Charles L. Little wrote: "The United Transportation Union (UTU) disagrees with your June 21, 1999 letter, adopting the non-compliance subcommittee’s determination that Section 19 of Article XX does not apply to this dispute, for the reasons stated in my previous letters to you and in the brief UTU submitted to the non-compliance committee on June 17, 1999."

The letter also said: "UTU hereby appeals your misconstruction and misapplication of Section 19, Article XX of the Federation Constitution in this matter to the Executive Council pursuant to Article VI, Section 2 and Article IX, Section 2 of the Federation Constitution. UTU further requests that the non-compliance sanctions contained in Section 15(1), (2), (3) and (4) of Article XX of the Federation Constitution be stayed pending a ruling from the Executive Council on this appeal after its August, 1999 meeting."

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 National Mediation Board by June 28, 1999, in order to be in compliance.

The UTU reaffirmed after the subcommittee’s ruling that it is determined to go forward with its application at 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.

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

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." The UTU and BLE have a long history of Article XX disputes with each union winning some and losing some.

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 President Clarence Monin had made a secret agreement with the Federation’s Richard 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," Little said earlier this week. "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."