====================================================
                        UTU NEWS                    
                     ONLINE EDITION                 
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        -------------------------------------
                     DECEMBER 2000
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      -----------PROGRESS THROUGH UNITY-----------
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    A Service of the United Transportation Union
            Public Relations Department

                Charles L. Little
             International President
                        ---
                Paul C. Thompson
    International General Secretary & Treasurer
                        

                 Editorial Offices:
                      UTU NEWS
                 14600 Detroit Ave.
              Cleveland, OH 44107-4250
                  utunews@utu.org
                 http://www.utu.org

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electronic form, in part or in whole, to any network or 
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provided proper credit is included and no alteration of 
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                      WELCOME TO
           THE VOICE OF TRANSPORTATION LABOR

   "We are not optimistic that anything will change as 
to the status of H.R. 4844 unless that change comes from 
outside Washington, D.C."

-- UTU National Legislative Director James Brunkenhoefer
------------------------------------------------------

TABLE OF CONTENTS
--The UTU NEWS On-Line Edition takes advantage of the 
search-and-find features in your word processing 
software or on-line editor. For example, to learn about 
the tragic collision that took Brother Mark Hurtz's life 
("Member killed in Flagstaff rail crash"), have your 
word processing software or on-line editor search for 
the text ##C.

IN THIS EDITION
--CN's Michigan Zone workers eye pact ..............##A
--National rail contract still pending ...........##B
--Member killed in Flagstaff rail crash ............##C
--Rail retirement measure on hold ................##D
--UTU, others urge veto of fuel-tax repeal .........##E
--New Mexico Regional Meeting canceled ...........##F
--Florida high-speed rail approved .................##G
--Amtrak offers veterans discount ................##H
--Transport Workers Federation meets ...............##I

AROUND THE UTU
--News from around the U.S. and Canada ...........##J

MEMBERSHIP IN ACTION
--Member aids in special delivery ..................##K

STATE WATCH
--News from UTU State Legislative Boards ........##L

BUS DEPT. / STREET BEAT
--"Education is key to success" ....................##M
   Editorial by Bernard J. McNelis
   Vice President and Director, UTU Bus Dept.

YARDMASTER REPORT
--"Looking back on year of progress" ............##N
   Editorial by Don R. Carver
   Assistant to the President, Yardmasters' Dept.

EDITORIALS
--"Option and alternatives/Addressing concerns" ....##O
   Editorial by Byron A. Boyd, Jr.
   UTU Assistant President
--"True meaning of unionism" ....................##P
   Editorial by Paul C. Thompson
   UTU General Secretary and Treasurer
--"One vote DOES make a difference" ................##Q
   Editorial by James M. Brunkenhoefer
   UTU National Legislative Director
--Voices: Members share their opinions ..........##R

SENIOR NEWS
--Retiree serves in Idaho's senate .................##S
--RRB offers new Internet services ...............##T
--Expert sounds warning on HMOs ....................##U
--Military retirees gain expanded healthcare ....##V
--The Final Call ...................................##W

NOTICES
--Monthly winner announced ......................##X
--Time books, calendars coming .....................##Y
--Australia, New Zealand trips offered ..........##Z
--Deadline nears for Alaskan cruise ...............##AA
--United Healthcare open enrollment ............##BB
--UTUIA seeks 2001 Volunteer of the Year ..........##CC
--Federal court voids Article 78 ...............##DD
--UTUIA offers the best gift of all ...............##EE

====================================================

IN THIS EDITION

--CN's Michigan Zone workers eye pact ..............##A

   TROY, Mich. --  The UTU and the Canadian National 
Railway (CN) have reached a tentative contract covering 
about 450 UTU-represented workers on the former Grand 
Trunk Western Railway.

   At UTU News press time, the proposal was out for a 
ratification vote, with ballots to be counted Dec. 5.

   The former Grand Trunk territory covered by the 
tentative contract, stretching from Port Huron, Mich., 
to Toledo, Ohio, and Chicago, is now the Michigan Zone 
in CN's Midwest Division. It includes the Grand Trunk 
Western, the Detroit, Toledo & Ironton, and the Detroit 
& Toledo Shore Line, where the UTU represents 
conductors, brakemen and yardmen.

   If approved, the new UTU/CN contract would be 
retroactive to 1998 and run through the end of 2001.

   General Chairperson Steve Thompson said negotiations 
over the contract have been going on for almost three 
years. "Section 6 notices were served in February 1998; 
our last pay raise was in 1997," Thompson said.

   Part of the delay in hammering out the new pact was 
due to the cramdown maneuvers pursued by CN following 
its purchase of the railroads affected by this contract.

   "That took time away from negotiations. They were 
successful in putting the Detroit, Toledo & Ironton 
agreement in force over the whole system. Basically, it 
meant a loss of pay for most members, but in return, we 
got lifetime protection, with automatic certification 
for most employees hired prior to 1980," Thompson 
explained.

   The proposed pact corrects many problems of previous 
agreements, Thompson said.

   "We eliminated pre- and post-'85 differences, and we 
also eliminated the pre- and post-'85 discrepancies in 
pay for deadheading," Thompson explained. "We also dealt 
with the problem of guaranteed extra boards, and if this 
pact is ratified, we will have a weekly guarantee. We 
also have a short-term disability and life insurance 
policy that will cover employees for on- and off-duty 
injuries which pays 60% of weekly earnings to a maximum 
of $546 a week, up to 104 weeks. The policy also 
includes a $40,000 death benefit and a $42,000 
accidental death benefit."

   Thompson also said the tentative pact provides for 
participation in a quality-of-life labor/management 
committee to discuss such things as availability, rest 
days, assigned days off on the extra board and other 
issues.

   "I think it is a real good agreement," Thompson said. 
"It eliminates entry rates immediately. Anyone with a 
seniority date when the agreement goes into effect 
receives 100%. Anybody hired after the implementation 
date will hire in at 90% until they make the grade of 
conductor, which takes from four months to a year. If 
the member is there a year, he or she is automatically 
upgraded to the 100% pay level."

   "I think this is the best and final offer that will 
come from the carrier," Thompson said. "It is in the 
best interest of members that it should be ratified."

   Because of the delay in negotiations, if the proposed 
pact is ratified, it will be up for re-negotiation in 
December 2001. "We can serve Section 6 notices in 
November 2001," Thompson noted.



--National rail contract still pending ...........##B

   CLEVELAND -- UTU general chairpersons have submitted 
their questions regarding the proper interpretation of 
the proposed national wage and rule settlement to the 
UTU National Negotiating Committee, and the committee 
members have answered those questions, according to 
their understanding of the pending agreement, as this 
edition of UTU NEWS reached deadline.

   Those questions have also been submitted to the 
carriers for their review, and it was anticipated the 
carriers would respond with their answers during the 
week of November 20.

   "We will review the carriers' answers, and hope to 
come to an agreement with them shortly thereafter," said 
UTU National Negotiating Team Chairperson Assistant 
President Byron A. Boyd, Jr. "If not, we will work to 
ensure the spirit and intent of the negotiations are 
maintained.

   "Until we have reached an agreement on the questions 
and answers, a definite schedule for voting cannot be 
determined. We will keep you advised," Boyd said.

   "The proposed national agreement is now being widely 
circulated. Given this widespread circulation, we have 
received reports of many concerns about the agreement, 
most of which are based on false rumors or lack of 
understanding," International President Charles Little 
said. "I should also point out that many of those rumors 
are being initiated by those who are not UTU members, 
and would like nothing better than to see this proposal 
fail for the betterment of their own organizational or 
personal political agenda."

   Rumors that the UTU has "sold" arbitraries and 
penalty payments for a "flat" rate of pay are "dead 
wrong," Little said.

   Members are encouraged to check the UTU's website at 
<http://www.utu.org> for developments as they occur.



--Member killed in Flagstaff rail crash ............##C

   LINCOLN, Neb. -- The worst fears of family members 
became reality after they identified the body of a 
railroad crewman following an accident in late October 
near Flagstaff, Ariz.

   The remains of 38-year old Mark Hurtz, a member of 
UTU Local 305, Lincoln, Neb., were found in the wreckage 
of two Burlington Northern Santa Fe (BNSF) freight 
trains, according to reports. The accident left crushed 
and burnt rail cars sprawled across the snow.

   The crash pushed several cars off the tracks. Three 
locomotives burst into flames, burning thousands of 
gallons of diesel fuel. Flames lit the sky through the 
night. A dozen cars from the lead train, which was 
stopped on the tracks, and three from the rear train, 
derailed. Several more stayed on the tracks.

   Jerry and Margaret Hurtz of Omaha flew to Arizona to 
identify their son. "They're in shock and we're in 
shock," Sara Weixelman, sister of the late railroad 
conductor, told reporters.

   Hurtz had been employed with BNSF about five years, 
Weixelman said. He and wife, Linda, had been married 
about 10 years and had no children.

   Three other crew members were hurt in the Oct. 31 
accident when one BNSF train rear-ended another that had 
stopped on the tracks about 10 miles west of Flagstaff.

   One engineer was hospitalized in critical condition. 
The two other crewmen were treated at a hospital and 
released.

   The parked train was carrying a small amount of 
hazardous materials but authorities said there wasn't a 
spill. The 15 families that had been evacuated were 
allowed to return the next day.

   Interstate 40, the main east-west route through 
northern Arizona, was closed briefly.

   The wreck's front train, carrying hazardous 
materials, was headed from Alliance, Texas, to Los 
Angeles. The trailing train was headed from Chicago to 
Richmond, Calif.

   Hurtz family members expected the worst when they 
were told only one crew member was missing and Mark was 
unaccounted for after the accident.

   The National Transportation Safety Board (NTSB) was 
called to investigate the crash. Findings generally are 
released from six to nine months after an event is 
investigated, but NTSB spokeswoman Lauren Peduzzi said 
it could be a year before NTSB releases its final 
report. "We do a very extensive, a very thorough, 
investigation," she said.

   Members of the UTU's Transportation Safety Team (TST) 
also were dispatched to the accident site the following 
day.

   According to reports, NTSB investigators have 
recovered the event recorders from the two freight 
trains.

   The devices, which are similar to the "black box" 
recorders on airplanes, could tell investigators what 
the trains were doing before and during the accident. 
The recorders had severe heat damage from the fire, 
Peduzzi said.

   BNSF spokeswoman Lena Kent said the surviving crew 
members had been tested for drugs, a standard procedure 
following accidents. She said the results would not be 
released unless they played a role in the conclusions 
reached by the NTSB.

   The TST was organized, as part of UTU's pro-active 
agenda, for the purpose of participating in accident 
investigations conducted by the NTSB with the goal of 
contributing to the fact-finding phase of the field 
investigations, President Charles L. Little said. "The 
TST is not a replacement for the grievance procedures or 
protective roles of the general chairperson and local 
chairperson. The function of the local officers, 
representing employees covered under the Railway Labor 
Act, is separate and is not impacted by the TST 
program."

   The TST has played and will play a vital role in the 
fact-finding phase of rail accident investigations where 
that accident meets TST criteria, according to TST 
Chairperson David Hakey.

   The members of the TST, already proficient in train 
and switching operations, have received advanced 
training on accident investigations from the NTSB, Hakey 
said. The training has focused on operating practices, 
human performance factors, human survival factors and 
crash worthiness of locomotives and passenger equipment.

   "Our goal is the advancement of transportation safety 
for all transportation workers and the general public," 
Little said.



--Rail retirement measure on hold ................##D

   WASHINGTON -- The battle to enact the provisions of 
the Railroad Retirement and Survivors' Improvement Act 
of 2000 may be nearly over, but the war is just 
beginning.

   As this issue of UTU News goes to press, Congress is 
at a standstill due to the lack of leadership and the 
uncertainty over the presidential race.

   A lame-duck session of Congress may be convened this 
month, but the legislators will have their hands full 
trying to pass a budget and acting on other matters.

   "We are not optimistic that anything will change as 
to the status of H.R. 4844 unless that change comes from 
outside Washington, D.C.," UTU National Legislative 
Director James Brunkenhoefer said.

   "Members of the Congress and the Senate will be at 
home during the holidays. Please take this time to 
contact those members," Brunkenhoefer said. "Please go 
and visit their offices in their districts. We need to 
let them know this issue is not going away.

   "If we are not successful in accomplishing our goal 
during a 'lame duck' session, we will be back during the 
next session of Congress, which will begin January 3, 
2001.

   "All elected members of Congress have stated that 
they want to act in a bi-partisan manner. This is a 
wonderful opportunity for them to exercise those 
promises."

   Brunkenhoefer noted that Cong. Nick Smith (R-Mich.) 
has introduced H.R. 5387, which he calls "The Railroad 
Retirement Improvement Act."

   "This is a horrible bill. It destroys Railroad 
Retirement as we know it," he said. "Although we are not 
ignoring this legislation, the bill has no other 
Congressional support and the committee that it has been 
referred to will not hold any further hearings this 
year.

   "Congressman Smith is known for these last-minute, 
meaningless, futile attempts. It is very possible that 
Congressman Smith hopes to accomplish his real goal of 
defeating H.R. 4844.

   "He spoke against H.R. 4844 and subsequently voted 
against it on the floor of the U.S. House of 
Representatives.

   "It may be his strategy to get our supporters 'off 
message' and attempt to divide our efforts. Please do 
not hand Congressman Smith his victory by fighting a 
dead bill and not passing H.R. 4844.

   "Any negative response will only encourage Smith. We 
need to strengthen our resolve to stay 'on message' and 
support the bi-partisan principles contained in H.R. 
4844," Brunkenhoefer said.

   "If Congressman Smith continues his efforts in the 
next session of Congress, we will deal with him at the 
appropriate time and in the appropriate manner.

   "It is important to remember, we have not changed our 
goal of sending the message to Congress that the 
provisions of the Railroad Retirement and Survivors' 
Improvement Act are critical to our widows, our retirees 
and our active railroad employees and we will continue 
our efforts until it becomes law.

   "As always, keep your calls friendly, up-beat and 
professional. The elections are over. Calls, letters and 
any other form of communication that are angry or 
overwrought with frustration will be counterproductive 
to our efforts," Brunkenhoefer said.



--UTU, others urge veto of fuel-tax repeal .........##E

   CLEVELAND -- The UTU has joined with the leaders of 
16 other labor organizations to urge President Clinton 
to repeal a bill which provides tax relief to railroads 
and barge companies.

   H.R. 2614, which passed the House of Representatives 
in late October, contains provisions which repeal a 4.3-
cent-per-gallon tax on diesel fuel used in the railroad 
and barge industries.

   The repeal was added by the Republican leaders of the 
House Ways and Means Committee.

   "For the record, we are totally opposed to this 
repeal," the leaders, including UTU International 
President Charles L. Little, wrote to Clinton.

   "What a contrast in beliefs: providing a windfall tax 
repeal to the railroad industry while at the same time 
denying to hundreds of thousands of Americans in the 
Railroad Retirement System the passage of H. R. 4844, 
The Railroad Retirement and Survivors' Improvement Act 
of 2000, the first retirement improvements for rail 
workers in over two decades.

   "Some 50,000 surviving spouses would have received an 
average $300 monthly increase in their pensions. Every 
railroad family would no longer have to face economic 
devastation upon the death of the worker.

   "Those of us still on the job would have been able to 
retire with full pension and health and welfare benefits 
at age 60 with 30 years of service. And just as 
important as these benefit improvements is the fact that 
the system itself, for the first time, would have been 
protected by the carriers' guarantee to absorb any 
shortfalls," the leaders stressed.

   "We are aware that there are items in H.R. 2614 
acceptable to the White House and labor as well. The 
purpose of this letter is not to take exception to H.R. 
2614 in its entirety, but to take exception to the 
repeal of the fuel tax.

   "Accordingly, we urge you to do everything in your 
power to stop this repeal of tax on diesel fuel for the 
railroad industry," the letter read.

   Also signing the letter were representatives from the 
Amalgamated Transit Union, Transportation Communications 
International Union, Seafarers International Union, 
Brotherhood of Railroad Signalmen, Hotel Employees and 
Restaurant Employees International Union, Service 
Employees International Union, International Association 
of Machinists, and Brotherhood of Locomotive Engineers.



--New Mexico Regional Meeting canceled ...........##F

   Due to unreasonable opposition to the Railroad 
Retirement and Survivors' Improvement Act of 2000 by 
Sen. Pete Domenici (R-N.M.), as well as the resulting 
strong potential for picketing on site, the UTU had no 
alternative except to cancel the UTU/UTUIA Regional 
Meeting scheduled for August 20-22, 2001, in 
Albuquerque, N.M.

   "It is unfortunate that the actions of one senator 
from New Mexico, in collaboration with the Republican 
leadership in the Senate, have deprived us not only of 
the benefits of the Railroad Retirement reform, but also 
of our ability to hold a regional meeting in the 
beautiful city of Albuquerque," said Director of Public 
Relations, Education and Training Eric Pack. 
"Additionally, we have been unsuccessful in contracting 
an alternate location for this meeting, and have been 
forced to hold only two regional meetings in 2001."

   "Because of the reduction in the number of meetings, 
you should make every effort to secure reservations as 
soon as possible," Pack said. He also noted that the 
best airline prices include a Saturday night stay.

2001 UTU/UTUIA REGIONAL MEETINGS

June 25-27, 2001, Greensboro, NC
Sheraton Greensboro Hotel at Four Seasons
3121 High Point Rd., Greensboro, NC 27407
Hotel direct reservations: (800) 242-6556
Call between the hours of 6 a.m. and 11 p.m. EST
Reservation code: UTU
Room rate: $119 single/double
Reservation deadline: May 20, 2001
Parking: Free, self parking

July 23-25, 2001, Winnipeg, Manitoba
Delta Winnipeg Hotel (host hotel)
350 St. Mary Ave., Winnipeg, Manitoba R3C3J2
Hotel direct reservations: (800) 268-1133
Reservation code: UTU
Room rate: C$125 single/double
Reservation deadline: June 19, 2001
Parking: C$9 per day

Sheraton Winnipeg Hotel (first overflow hotel)
161 Donald St., Winnipeg, Manitoba R3C1M3
Hotel direct reservations: (800) 463-6400
Reservation code: UTU
Room rate: C$109 single/double; C$124 deluxe king/2 
queens
Reservation deadline: June 19, 2001
Parking: C$8.50 per day

Place Louis Riel All-Suite Hotel (second overflow hotel)
190 Smith St., Winnipeg, Manitoba R3C1J8
Hotel direct reservations: (800) 665-0569
Reservation code: UTU
Suite rate: C$120 to C$135, single/double
Reservation deadline: June 19, 2001
Parking: C$4.50 per day



--Florida high-speed rail approved .................##G

TAMPA -- Florida voters have approved a constitutional 
amendment which directs the state to build a network of 
high-speed trains linking this car-clogged state's five 
largest urban areas.

   Wealthy land owner C.C. "Doc" Dockery put up $3 
million to get the 624,000 signatures needed to put the 
measure on the ballot. Tampa Bay-area officials are said 
to support the first segment, which would run from Tampa 
to Orlando.

   Estimated costs for the network range between $8 
billion and $22 billion.



--Amtrak offers veterans discount ................##H

NEW YORK CITY -- VeteransAdvantage, Inc., the first 
online private-sector benefits company for military 
veterans and their families, has announced an exclusive 
partnership with Amtrak.

   Beginning January 2001, veterans of any war, rank or 
branch of service, and who are also members of 
VeteransAdvantage, will be entitled to a 10% discount 
when traveling on Amtrak (although certain restrictions 
may apply).

   To access these benefits, a veteran simply registers 
with VeteransAdvantage at 
http://www.veteransadvantage.com.

   VeteransAdvantage members may receive their discount 
when making reservations on the Amtrak web site 
(http://www.amtrak.com) or by presenting their 
VeteransAdvantage membership card at any Amtrak ticket 
counter.



--Transport Workers Federation meets ...............##I

   CLEVELAND -- The International Transport Workers 
Federation, with which the UTU is affiliated, is having 
a meeting in Washington, D.C., this month dealing with 
multinational bus companies.

   These companies include Stagecoach, Laidlaw, 
FirstGroup and National Express.

   The UTU will be represented by Vice President Bernie 
McNelis, as well as other officers and chairpersons.

   "This meeting is important because you get to learn 
what effect these multinational companies are having 
throughout the world," McNelis said.



AROUND THE UTU
--News from around the U.S. and Canada ...........##J

LOCAL 100, OAKLAND, CAL.
   Retiree Program member and author Dick Murdock, 83, 
is stepping aside as editor of the Oakland Old Rails 
News, and seeks someone to take over and keep the 
publication alive. The newsletter is an outgrowth of the 
former Port Costa News, first published in 1957 by the 
late John F. Cody, former UTU local chairperson and 
Benicia, Cal., city councilman. Those interested are 
urged to contact Murdock at P.O. Box 1346, Ross, CA 
94957-1346, or call him at (415) 454-1771.

LOCAL 498, ALLENTOWN, PA.
   Among those who attended the 18th Annual Lehigh 
Valley Railroad Reunion in September was active member 
John M. Hedmeck, who at age 76 continues to work as a 
conductor for CSX, according to Eugene K. Schuler, a 
reunion committee member who thanked all those who 
continue to make this gathering a successful and 
memorable event.

LOCAL 924, RICHMOND, VA.
   More than 460 persons attended this year's family 
picnic, which was marked by the appearance of the UTU's 
mobile education and training facility, Membership I, 
said Local Chairperson James Chapman III, who represents 
road, yard and UTU-E members. Chapman thanked picnic 
committee chairperson John Henry Hines, as well as the 
sponsors, including Designated Legal Counsel Francis P. 
Hajek, Larry Mann and Willard Moody, for a day marked by 
great food and fellowship.

LOCAL 1188, OKLAHOMA CITY, OKLA.
   A special reception attended by coworkers, friends 
and relatives was held late last month to honor H.A. 
Buck, a former local chairperson retiring after 44 years 
of service, said Local Chairperson (E) Jeff J. 
Coykendall. Working first with the Rock Island and then 
the Santa Fe, Brother Buck distinguished himself with a 
personnel record showing no injuries or discipline 
throughout his career, Coykendall said.

LOCAL 1373, PHILADELPHIA, PA.
   The Philadelphia/Wilmington Safety Committee again 
will sponsor the annual CSX Christmas Train, said Local 
President Tony Mirarchi and UTUIA Field Supervisor Tom 
Anziano. The first of two trains scheduled for Sunday, 
December 10, leaves Philadelphia's East Side Yard at 9 
a.m., and the second pulls out of Wilsmere Yard at 1:30 
p.m. All CSX and former Conrail employees and their 
families are invited. For information, contact Mirarchi 
at (215) 339-2723, or Safety Chairperson Jimmy Martino 
at (856) 848-0578.

LOCAL 1375, PHILADELPHIA, PA.
   The local's holiday celebration, to be sponsored by 
Designated Legal Counsel Coffey & Kaye, will be held 
Friday, December 8, at the Gladwyne VFW Post at River 
and Waverly Roads, said Local Chairperson Eric Feld, who 
can be reached for details at (610) 789-7050.

LOCAL 1422, LOS ANGELES, CAL.
   The U.S. Department of Defense has approved awarding 
the Cold War Recognition Certificate to all members of 
the armed forces and qualified government civilian 
personnel who served the U.S. honorably during the Cold 
War era, from September 2, 1945, through December 26, 
1991, said retired member Barry J. Holliday, legislative 
advocate for the California Paralyzed Veterans 
Association. Any official or military document (DD214) 
with the recipient's name, Social Security number and 
date of service is an acceptable document for proof of 
service. Veterans may submit documents to: Cold War 
Recognition Certificate Program, Suite 400, 4035 Ridge 
Top Rd., Fairfax, VA 22030.

LOCAL 1491, PORT JERVIS, N.Y.
   Members offer their best wishes to former Local 
Chairperson Jack Edwards, who recently retired after 37 
years of service as a conductor on the Erie Lackawanna, 
Conrail, and finally Norfolk Southern. Brother Edwards, 
61, had also served the local over the years as 
president, delegate and insurance representative, 
holding offices since 1982, according to Special 
Representative Dave Murphy.

LOCAL 1594, UPPER DARBY, PA.
   Bus operator Julius Major, who works for the 
Southeastern Pennsylvania Transportation Authority 
(SEPTA), recently was granted a day off with pay and is 
set to receive a special  award for the heroic actions 
he took one evening in late October, according to Local 
Chairperson Ron Koran. Brother Major witnessed two young 
men get into a bus ready for refueling and drive off. 
Major followed the stolen bus and radioed the control 
center to alert police. A lone police car set up a 
barrier, but the joyriders rammed the cruiser, lost 
control, and plowed into an air conditioner on the side 
of a house before coming to a halt. Police promptly 
arrested the pair.

LOCAL 1697, LUBBOCK, TEX.
   Members working as bus operators for Texas, New 
Mexico & Oklahoma Coaches offer their congratulations to 
Brother John Smith, who recently was elected vice 
chairperson, according to General Chairperson Roy G. 
Arnold.

LOCAL 1823, ST. LOUIS., MO.
   Alternate Delegate Norbert Shacklette noted that a 
recent monthly meeting was enlivened by a visit from 
State Legislative Director W.L. Foster, Field Supervisor 
Sam Hale, Illinois Central Assistant General Chairperson 
Jim Herndon (GO-436), retired Terminal Railroad General 
Chairperson Jim Bolin and a representative from the 
office of Designated Legal Counsel Lance Callis.

LOCAL 1902, THUNDER BAY, ONT.
   Along with members of Local 463, also in Thunder Bay, 
the local recently honored Albert J. Charlebois, who 
marked his 100th birthday on September 29. A former yard 
foreman who retired at age 65 with 40 years of service, 
Charlebois' son is Dan Charlebois, a retired conductor 
from Local 463. Besides friends and family at the 
celebration, attendees included the mayor, 
representatives from the provincial and federal 
governments, as well as UTU Canadian Legislative 
Director Tim Secord, who presented Charlebois with a 
brass lantern on behalf of UTU International President 
Charles L. Little. Representing Local 1902 were Ontario 
Legislative Board Vice Chairperson Ray Pakylak and Local 
President Steve Yawney. Representing Local 463 was Local 
President Bill Conway.

AUXILIARY OF THE UTU
   Two new lodges have recently joined the organization, 
including Lodge No. 803 in Jacksonville, Fla., with 20 
charter members, and Lodge No. 50 in Indianapolis, Ind., 
with 16 new members, according to UTU Auxiliary 
International President Edythe M. Walter. In addition, 
Lodge No. 170 in Fort Worth, Tex., recently welcomed 11 
new members, including three gentlemen.



MEMBERSHIP IN ACTION
--Member aids in special delivery ..................##K

   It's part of the job for bus operators on the Los 
Angeles County Metropolitan Transportation Authority 
(MTA) to help people get where they're going, but Evelyn 
Davis went the extra mile when she helped a newborn baby 
into the world via MTA's Line 20 at the corner of 7th 
and Hill Streets.

   Davis, an operator for 16 years and a member of Local 
1607, Los Angeles, Cal., thought September 12, 2000, was 
just another ordinary morning, but by 7:30 a.m., her day 
had became quite extraordinary.

   "One of the passengers alerted me that a lady in one 
of the first seats had gone into labor and needed an 
ambulance," Davis said. "She didn't even look pregnant. 
But once I determined she was in pain, I used my radio 
to contact the dispatcher."

   Before Davis could even finish the report, the mom-
to-be had removed her pants "because the water was 
breaking, and things were ready to happen," Davis said.

   A mother herself, with two children, a stepdaugher 
and three granddaughters, Davis was no stranger to the 
events that began to unfold.

   "I really thought the paramedics would be there in 
time, but the baby was in a hurry," Davis said.

   Davis cleared the other passengers from the bus and 
turned back to the woman. "I didn't have time to think," 
Davis said. "Suddenly, the baby crowned, and as his head 
came through, I turned him and helped him out of the 
womb."

   She wrapped the baby in the woman's pants and placed 
the healthy little boy on his mother's stomach. "He 
looked beautiful," Davis recalled. "His mom was fine and 
had a big smile on her face. I gave her a hug and told 
her I was the godmother!"

   Paramedics arrived moments later, whisked mother and 
child to a local hospital, and then cleaned up the bus.

   Davis drove back to the layover zone, washed up and 
regained her composure, and by 10:30 a.m. was back on 
her route.

   Meanwhile, as word got out about her experience, 
Davis was besieged by television, radio and newspaper 
reporters.

   "It was the most exciting thing that has ever 
happened to me," Davis remarked.



STATE WATCH
--News from UTU State Legislative Boards ........##L

ARKANSAS
   Former Arkansas Legislative Director Don Beavers, 
joined by his wife Mary Francis, recently thanked some 
250 friends and colleagues who honored him at a 
retirement reception celebrating his 21 years of service 
to the UTU as director of the state's legislative board.

   UTU Vice President Mike Futhey presented Beavers with 
an inscribed brass lantern and letter from International 
President Charles L. Little acknowledging his 
outstanding service to the organization, and Fred 
Garcia, chairperson of Local 507, presented Beavers with 
an engraved plaque for his work on behalf of the 
Arkansas membership.

   President Bill Clinton also forwarded a letter 
extending his personal gratitude to Beavers and the UTU 
for their assistance over the years. The North Little 
Rock celebration was hosted by designated legal counsel 
Jay Youngdahl and the Arkansas Legislative Board.


COLORADO
   On election day last month, the Democratic Party 
regained the majority of seats in the Colorado state 
senate for the first time in 40 years, reported UTU 
Legislative Director Rick Johnson.

   "What makes this newsworthy," Johnson said, "is that 
it gives the Democrats equal footing in the re-
districting process next year. As a result, this process 
will be a balanced compromise between the two parties, 
rather than being totally dictated by the Republican 
Party."

   Johnson said that organized labor played a major role 
in this victory with a "Labor 2000" campaign to 
spearhead voter registration and recruit campaign 
volunteers.

   "Of course, TPEL contributions made the difference 
for many candidates, especially the state senate seats," 
Johnson added.


IDAHO
   Legislative Director Gregory N. Farris reported that 
the Democratic Party fund-raising picnic held earlier 
this year at the Correll-Whitworth Ranch in Inkom, 
Idaho, which was organized by Assistant Legislative 
Director Shane Yarger (265), was a resounding success.

   More than 300 people attended the event, including 
candidates for political office, UTU members and 
retirees, their families and friends.

   Participants enjoyed great food, a horseshoe 
tournament, an auction and stage coach rides provided by 
Rod Price, grandson of retired UTU General Chairperson 
Harry Price (78).

   All of the proceeds from the affair were donated to 
local Democratic Party candidates.

   "Shane did an absolutely great job. Thank you, 
Shane," said Farris, who also acknowledged the 
contributions of the designated legal counsel firms of 
Bricker, Zakovics, Querin, Thompson & Ritchey; The Crow 
Law Firm; Yaeger, Jungbauer, Barczak & Roe; and Rossi, 
Cox, Kiker & Inderwish.


MARYLAND
   Shannon D. Phillips, daughter of CSX Conductor 
Richard N. Phillips of Local 610, is this year's 
recipient of the Maryland State Legislative Board's 
James E. Major, Jr., Memorial Scholarship.

   Ms. Phillips is enrolled in the graduate program at 
the University of Maryland/Baltimore County's Education 
Department, where she is studying urban teacher 
education.

   A 1994 graduate of Catonsville High School, Ms. 
Phillips recently earned her bachelor's degree at Villa 
Julie College in Stevenson, Md.

   For the past two years, the legislative board has 
awarded a $2,000 scholarship, payable in $500 increments 
over four years, to the child or grandchild of a UTU 
member.

   The scholarship was established in honor of James E. 
Major, Jr., a passenger conductor for CSX who was killed 
in a head-on collision between a MARC train and Amtrak's 
Capitol Limited on February 16, 1996.

   "Jimmy established many relationships and touched 
many lives through his job and his position as a labor 
representative. His hard work and dedication to his jobs 
and family earned him great respect from the people who 
knew him personally. Jimmy was a dedicated railroader 
who loved life," said Legislative Director Larry 
Kasecamp.

   Any UTU member interested in further information 
about the scholarship, or in applying for future 
scholarship awards, should contact his or her local 
legislative representative.


OREGON
   Governor John Kitzhaber met with members of the 
Oregon Legislative Board last month to personally thank 
them for their support of the state's 21st Century Fund, 
reported Legislative Director Delmer Hanson.

   The fund was established by Kitzhaber earlier this 
year to raise money for Democratic Party candidates 
seeking office in the state legislature.

   Hanson said that funds from the UTU's Transportation 
Political Education League intended for use in the state 
of Oregon were directed to the 21st Century Fund at the 
discretion of the board.



BUS DEPT. / STREET BEAT
--"Education is key to success" ....................##M
   Editorial by Bernard J. McNelis
   Vice President and Director, UTU Bus Dept.

   The economy is doing great, so they tell us. Yet, 
when you travel anywhere in this country, you see the 
homeless and unemployed.

   We constantly hear of the need for donations to help 
the poor in our communities. The agencies that feed the 
homeless say that more and more families with children 
are living on the streets.

   Isn't education usually the reason we make it, or we 
don't?

   Shouldn't we be building more schools, as most 
educators say? Shouldn't we stand up and fight for more 
schools?

   Shouldn't we continue to educate our teachers?

   Shouldn't we fight for higher pay to attract better 
teachers?

   We hope that those in charge of leading our country, 
or our educational systems, make our schools the best 
that they can, and that our children get a good 
education.

   We need to stress to them, however, that education is 
our top priority. We should write, call or visit our 
legislators and insist that they follow their pledges to 
improve our education system made during this latest 
political campaign.

   Under President Little, the UTU's education and 
training programs show what accomplishments can be made 
if you make a commitment. If everyone would make that 
same commitment, we could eliminate the problem of 
homelessness and unemployment.

   To all of our members and their families, I wish you 
the best holiday season ever.

   Merry Christmas and Happy New Year.

   In unity there is strength.



YARDMASTER REPORT
--"Looking back on year of progress" ............##N
   Editorial by Don R. Carver
   Assistant to the President, Yardmasters' Dept.

   Reflect on your thoughts and concerns of one year 
ago. Then, the focus was the possible calamity to be 
prompted by the arrival of year 2000.

   Y2K is almost past and we did not suffer the greatly 
predicted ills that were to befall mankind.

   Instead, it has been a year in which progress was 
made in compensation and benefits for many members of 
the yardmaster craft.

   As the year draws to a close, yardmaster committees 
are in on-going negotiations with numerous carriers.

   We are confident that additional compensation and 
benefit increases are in store for our members on those 
carriers.

   We are looking forward to meeting the challenges of 
the new year with a renewed vigor to better represent 
and serve the membership.

   The final touches, in the form of questions and 
answers, are being put on a new proposed national 
agreement.

   Under the leadership of President Charles Little and 
Assistant President Byron Boyd as chief negotiator, a 
tentative agreement has been reached with most of the 
nation's Class I carriers on the most comprehensive, 
forward-thinking and beneficial agreement the UTU 
membership has had an opportunity to ratify.

   Jerry, Cathy, Cara, Diana and I wish not only the 
yardmasters, but every UTU member and their family, a 
happy, peaceful and blessed holiday season.



EDITORIALS
--"Option and alternatives/Addressing concerns" ....##O
   Editorial by Byron A. Boyd, Jr.
   UTU Assistant President

   At some point you will be deciding on whether or not 
to ratify a new national agreement, which represents 
change, and a change for the better, or we wouldn't 
bring it to you. People tend to resist change for a 
number of reasons: they are not comfortable with it; 
they like the current situation; they feel that it is 
not an improvement over the status quo; there is 
something better; it does or does not fit their 
political agenda, and on, and on....

   The reality is that when we adopt a new agreement, we 
are choosing between what we have now and what we might 
have. We all tend to view the process of making such a 
choice prospectively. I was thinking it would be novel 
to reverse the process and look at this from a different 
perspective. Here is what the choice would be if we were 
to have the current proposal in place as our existing 
agreement, and we were voting to ratify a proposal that 
reflected what we actually have today.

   We would be voting to eliminate a system that 
provides for:

   Trip rates that provide for full parity between post- 
and pre-'85 employees. These trip rates would be 
comprised of mileage or time components of a run, 
runarounds, conversion rules (local rate), meal-period 
payments, meal-period violation payments, step-up 
payment penalties, initial terminal delay, final 
terminal delay, full pay for deadheading (with no 
difference between pre- and post-'85 employees), and 
terminal switching, without having to qualify for any of 
the above pay components. Overtime would not be included 
in trip rates and would be paid over and above any trip 
rate. This system insures there could be no attacks on 
the basic-day structure.

   The above system would be traded for a system that 
provides for two classes of employees. All employees 
hired before 1985 would receive full benefits, based on 
conditions in effect on or before November 1, 1985. 
Those hired after that date would be required to work 
for approximately 25% to 35% less than those hired 
before that date.

   In addition, those employees who are considered pre-
'85 employees would actually have to qualify for each 
pay component included in the trip rate. Also, some of 
the pay components would be subject to offsets, such as 
initial, final, tow in, and others that would have to be 
worked off against overtime. This system leaves the 
basic day open to continued attacks.

   Most importantly, we would be trading a system of 
equality for one of inequality. I believe the choice 
should be clear to all based on the equality issue 
alone. We must keep this union united, not divided.

   At the present time, post-'85 members make up 
approximately 46% of our membership. At this time we 
have an opportunity to bring post-'85 members to full 
parity without any sacrifice by pre-'85 members. I 
firmly believe that the time has come to do exactly 
that. The time has come to unite our membership without 
regard to post- or pre-'85 seniority.

   When the formal proposal is presented to the 
membership for ratification, you will be confronted with 
an option and alternatives. The option you will have is 
to ratify or not.

   The consequences of failing to ratify are potentially 
numerous, but are not  entirely known. Put simply, the 
consequences of ratification of the proposal are known, 
while the consequences of rejection are not.

ADDRESSING CONCERNS
   A number of concerns over the intent and purpose of 
the proposal have been raised.

   Concerns have been raised over the $1,200 Longevity 
Bonus, the Optional Alternative Compensation Program, 
the Overtime Issue, and the issue of Access to Medical 
Information that is being referred to the National Wage 
and Rule Panel.

   With regard to those issues: the Longevity Bonus was 
intended to benefit those members who would or could 
retire under the still-pending 60/30 retirement 
legislation.

   The Optional Alternative Compensation Program is 
exactly what it says. Both the carrier and the UTU 
committee having jurisdiction may elect to participate 
in a program that offers our members the option of 
participating on a strictly voluntary basis.

   Overtime is not a pay component to be included in 
determining trip rates and will be paid in addition to a 
trip rate. 

   With regard to Access of Medical Information: today 
the carriers have almost total access to medical 
information of our members. We are attempting to limit 
that access.



--"True meaning of unionism" ....................##P
   Editorial by Paul C. Thompson
   UTU General Secretary and Treasurer

   As we enter the holiday season we should all pause 
and reflect, not only on the meaning of the season, but 
also on the meaning of unionism.

   Both have a commonality. We cannot experience this 
time of year without having a deep compassion for the 
less fortunate. Each time we see a Salivation Army bell 
ringer, the thought of helping others comes immediately 
to mind. In fact, the true spirit of the season is 
giving of ourselves to let others know we care.

   Unions were founded on these same principals, but 
instead of practicing them during a particular season, 
the intent was to do it on a daily basis.

   When we look at our meager beginnings, compared with 
what we have today, we realize this was only 
accomplished through the great sacrifice of others 
before us. Inch by inch, through sweat and blood, gains 
were made, little by little.

   Vacations, overtime provisions, retirement benefits, 
health and welfare and all other accomplishments did not 
come all at once. Many times through the course of 
history we suffered setbacks, especially when the robber 
barons became overly greedy and the political climate 
was favorable to them.

   With the help of government intervention, we suffered 
setbacks that took years and a favorable political 
climate for labor to overcome. Sometimes we never did 
regain some of our losses. Such was the situation in 
1985.

   In 1985 our union was faced with a serious dilemma. 
As a result of the anti-union attitude of the Reagan 
Administration, along with recommendations of a study 
commission that would have destroyed operating employees 
working agreements, a decision had to be made to try and 
save as much as possible.

   Through successful negotiations, our union was able 
to limit the effects of the study commission 
recommendations on our membership, but only by 
sacrificing the working conditions of new employees who 
were hired subsequent to October 31, 1985.

   Today, we are still faced with many of the study 
commission recommendations that have never been fully 
addressed and our post-1985 members continue to suffer 
by the loss of arbitraries and an hourly rate when 
deadheading.

   The Switchman's Union of North America, which became 
part of the UTU, had a motto that said, "An injury to 
one is an injury to all." Our post-1985 members did 
receive an injury that effects us all.

   Our national negotiating team did an excellent job 
correcting this injury to our post-1985 members and, at 
the same time, put in place conditions that will forever 
eliminate the unjust recommendations from the study 
commission. In addition, reasonable wage increases are 
provided in the tentative agreement without any work-
rule changes. This is the most far-reaching agreement 
our union has ever negotiated.

   I hear rumblings concerning this tentative agreement 
that deeply disturb me. Has unionism somewhere along the 
line made a wrong turn? What has happened to the 
compassion for one another upon which our unions were 
founded? Or "the injury to one is an injury to all?"

   To our pre-1985 members that say this is a bad 
agreement because, "There is not enough in it for me" I 
say "Shame on you!" Since 1985 each of you have enjoyed 
certain benefits that would not have been available had 
the study commission recommendations been forced upon 
us. As stated earlier, this was only possible because of 
the sacrifice placed upon all new employees who were 
hired subsequent to October 31, 1985.

CORRECT THIS INJUSTICE
   Now we have the only chance to ever correct this 
injustice without a sacrifice to anyone. Or would we 
rather roll the dice and provide the anti-union 
Republicans with the chance to finally force the 
remaining recommendations of the study commission on our 
membership?

   That could include, among other things, going 
immediately to a 160-mile basic day, elimination of all 
arbitraries as well as the demarcation line between road 
and yard.

   I still have faith in our membership that unionism 
has not taken a wrong turn. This tentative agreement 
provides for a realignment of our pay structure to raise 
the standards of post-1985 members as well as protect 
the conditions of pre-1985 members in the future, 
including eliminating any future argument by the 
carriers for a 160-mile basic day.

   Once our members realize the value of this package, I 
hope they will do the right thing and show support for 
the tentative agreement. If I am wrong, our union and 
members face a rough road ahead.

   I ask each of you during the holidays and months 
ahead to pause for a moment and think of the meaning of 
unionism. As we approach a new year, let us instill the 
traditional attitude of unions in each of us, joining 
together and working for the betterment of all.

   Thinking only of ourselves will destroy the concept 
for which we stand. Like those before us, we owe it to 
future generations to continue the process called 
unionism in the manner and intent in which it was 
formed.

   Merry Christmas, Happy New Year and may God bless you 
and your families in the year to come.



--"One vote DOES make a difference" ................##Q
   Editorial by James M. Brunkenhoefer
   UTU National Legislative Director

   In the October UTU NEWS, I wrote a column on the 
importance of voting. In that column, I gave some 
examples on how one vote does make a difference. Who 
knew how true that would turn out to be?

   There are many unanswered questions about the 2000 
elections. One thing is certain about this election: 
Every vote made a difference. Your vote didn't just 
count as a vote by itself. Your vote counted as a UTU 
member and a trade unionist. Your TPEL contributions 
also were crucial.

   On November 7, 2000, more than 105 million Americans 
cast their votes. That is eight million more than voted 
in 1996. A total of 76% of registered voters went to the 
polls.

   Out of that overall vote, 26% were from union 
households. That percentage was even higher in key 
battleground states.

   For example, in Michigan, 43% of all voters were 
members of union households. That is truly amazing 
considering that union households only make up 13 % of 
the overall population in the United States.

   We also contributed to what is, as of now, the narrow 
Gore/Lieberman win of the popular vote. Union members 
supported the Gore/Lieberman ticket by a margin of 63% 
to 32%, according to an election night exit poll.

   It wasn't just the fact that you voted, but for whom 
you voted. Of course, we didn't tell you how to vote. We 
did recommend the men and women who were the best 
qualified and the most sympathetic to the needs of 
working men and women.

   Thanks to you, almost 80% of the UTU-endorsed 
candidates won election. Of course, it wasn't just the 
fact that pro-labor candidates won; in many cases anti-
labor candidates were defeated.

   Your vote is not the only place where you made a 
difference. Your TPEL contributions also made an 
important impact. Your contributions helped to ensure 
that candidates who support the rights of working men 
and women were elected.

   In more than 80% of races where we made a 
contribution, the candidate we supported won election. 
You may think that your small contribution did not make 
a difference, but in these days of increasingly 
expensive elections, every bit helps.

   As often as possible, TPEL contributions were made at 
the early stages so that viable candidates could get 
their campaigns off the ground.

   It was not just the presidential race that was close. 
Many House and Senate elections were won by just 1% or 
2% of the vote. Your money could have helped the 
candidate gain those extra few votes that won them the 
election.

   During the next session, with a sharply divided 
Congress, having representatives and senators who are 
sympathetic to our cause will be crucial. They are not 
just Democrats. We also endorsed winning Republicans and 
Independents. We have support on both sides of the 
aisle.

   No matter who is elected president, he will have a 
hard time because of the slim majority by which he was 
elected.

   The programs that are probably going to pass are ones 
that have support from both sides. Thanks to your vote, 
and TPEL contributions, we will have a better Congress.

   Don't forget about the future. The 2000 elections 
showed just how important every vote is. If more of us 
vote and give to TPEL, or start contributing, we could 
very well help friends of organized labor strengthen 
their position in Congress.

   We need to do even better in the 2002 and the 2004 
elections. We improved our position in this Congress. 
There will probably be fewer people voting in 2002 since 
it is a non-presidential year, so your next vote will be 
even more important.



--Voices: Members share their opinions ..........##R

   The UTU NEWS regularly contacts members at random to 
report their thoughts on a question of interest to the 
general membership.

   This month's question: DO YOU DISCUSS UNION MATTERS 
WITH YOUR FAMILY?

   "I'm a Norfolk Southern yard conductor with about 25 
years of experience, and my fiancˇe happens to be the 
vice local chairperson, so we do end up discussing union 
matters at home. We don't always agree, either, because 
she's from the new school, hiring out after 1985, and 
I'm from the old school. We don't have heated debates, 
but we do have quite a few differences. We get together 
over coffee in the morning with other members of the 
local and discuss things. She's on the extra board, so 
sometimes we go two or three days without seeing each 
other."
   -- Mike Berry, L-1620, Elkhart, Ind.


   "I hired out in 1972, work as an over-the-road 
engineer with Union Pacific, and serve as vice local 
chairperson. It's important for my family to know what's 
going on, what's affecting me, what problems may arise, 
and what solutions the UTU is pursuing, because it 
affects us all. It's important that my wife is informed 
because she takes a lot of the phone calls. I discuss 
union matters with her and take her opinions into 
consideration, but ultimately I make the decision. She 
comes from a rail family, so that helps. My son is 22, 
and he's got a good union job, so my experiences have 
been helpful to him."
   -- Harry Lewis, Jr., L-597, Des Plaines, Ill.


   "I work for BNSF as a conductor on a road switcher, 
and I've got almost 32 years in. I'm secretary and 
treasurer for my local. I've been a union officer for 
about 25 years. We have three children who are grown and 
out of the house, so there's just my wife at home now, 
and I don't discuss things involving the job with her. 
She has her job and I have mine. In fact, I don't recall 
even mentioning to her about the pending national 
contract. About the most my wife knows about the 
railroad is where the yard office is. I talk about union 
matters with the guys on the job."
   -- Patrick Murray, L-196, Beardstown, Ill.


   "I've been a bus operator for 32 years, working 
charter and line service for Jefferson Bus Lines, and I 
serve as general chairperson. I'm a bachelor, my parents 
are no longer living, and I don't think my sister would 
understand, so I can't say I discuss union matters with 
my family. But I don't go it alone, either. I might have 
missed something in the conversation or I might have the 
wrong viewpoint. I want input before I make a major 
decision. I ask my vice chairperson and others I work 
with for their thoughts and advice. The more input I 
get, the better off I am."
   -- Fred Rayman, L-1042, Oklahoma City, Okla.



SENIOR NEWS

--Retiree serves in Idaho's senate .................##S

   On the morning of November 8, while the nation 
awaited word on the winner of the U.S. presidential 
election, the citizens of Idaho's state district 33 
already knew they had a winner in Arthur Lin Whitworth.

   The night before, Brother Whitworth, 66, a member of 
Local 265, Pocatello, Idaho, had handily won his fourth 
two-year term as state senator.

   "I've always gotten a lot of support from UTU 
members," Whitworth said. "Brother Greg Farris, our UTU 
state legislative director, stood behind me all the 
way."

   Whitworth's rail career began in 1952 when he hired 
out with the Union Pacific. He was promoted to conductor 
in 1959, and he held that position until he retired. At 
that time, he was also assistant state legislative 
director.

   "I also had been chairperson of the state's 
Democratic party," said Whitworth. "But I think the 
reason I was 'famous' enough to win my first term in the 
senate was because of my family's charity work."

   Whitworth and his family sponsor meals on 
Thanksgiving and Christmas for the homeless and for 
seniors "who would otherwise be served by Meals on 
Wheels, which doesn't do holiday meals," Whitworth 
explained.

   "Lots of UTU members help us out on the holidays, 
when we use the Senior Citizen Center in Pocatello to 
cook a big meal," Whitworth said. "We prepare about 300 
dinners. We're good cooks; in fact, all my kids are good 
cooks."

   Whitworth boasts seven children, 33 grandchildren, 
and three great-grandchildren, "with a couple more 
great-grandchildren on the way."

   He was also among a group of rail workers who had the 
misfortune of seeing a fellow worker killed on the job. 
As a memorial, they established the Oakley Archibald 
Scholarship in 1992 at Idaho State University.

   Idaho's bicameral legislature, which holds session 
January through March, is 89% Republican, said 
Whitworth, who noted it includes 35 senators and 70 
representatives.

   "Each year, we try for a two-person rail crew bill," 
Whitworth said. "That's one bill for sure that I'll be 
backing to help rail workers."



--RRB offers new Internet services ...............##T

   Railroad Retirement beneficiaries and rail employees 
can now access a number of new services via the Internet 
through the U.S. Railroad Retirement Board's (RRB) 
website at http://www.rrb.gov, the agency said.

   The services available include requests for:

   -- Replacement Medicare cards

   -- Duplicate benefit information statements for 
income tax purposes

   -- Annuity rate verification letters

   Individuals accessing the RRB's website for these 
services will be asked to complete and submit an on-line 
form. The agency is utilizing the most secure encryption 
technology available to ensure all information it 
receives through the Internet remains confidential and 
safe from unauthorized access. Upon receipt, the RRB 
will process the item requested and mail the material to 
the individual's address of record.

   As an additional security feature, if an address 
provided on the electronic form does not match the 
address in the agency's computer systems, the item will 
be forwarded to the RRB's nearest field office, which 
will contact the individual to ensure delivery to the 
correct address.

   While these same services are available through the 
RRB's toll-free automated Help Line at 1-800-808-0772, 
or through any of the agency's 53 field offices 
nationwide, this marks the first time the agency has 
made such transactions available through the Internet.

   "AccessRRB," a new section on the RRB's website, 
outlines plans for additional services and provides a 
description of the security features that will be 
employed.

   Also included is an Internet customer survey to allow 
visitors to provide feedback on the types of services 
they would like to see the RRB offer over the Internet, 
the RRB said.



--Expert sounds warning on HMOs ....................##U

   The head of a company that rates the financial 
condition of health maintenance organizations (HMOs) has 
urged Medicare patients who have been dropped by their 
money-losing HMOs to steer clear of other HMOs.

   "Seniors who have been dropped from their HMO should 
not rejoin another," said Martin D. Weiss, chairman of 
Florida-based Weiss Ratings Inc.

   "The latest Medicare withdrawals greatly narrow the 
viable choices available to seniors down to just a 
handful of profitable and financially healthy Medicare 
HMOs," he said, "and even many of these may soon be 
dropping out of the business."

   Weiss's comments come as dozens of health insurers 
around the country have announced they will shut down 
their Medicare plans after Dec. 31, saying 
reimbursements from the federal government are 
inadequate.

   The announcements left about 934,000 Medicare 
recipients with new coverage decisions to make by the 
end of the year.

   Richard Coorsh, a spokesman for the Health Insurance 
Association of America, a trade association, disputed 
Weiss's warning. But he did encourage senior citizens to 
compare benefits offered by HMOs with traditional 
Medicare plans.

   About six million of the nation's 39 million Medicare 
patients joined HMOs when the option was first offered 
in 1997. A key attraction was that, unlike traditional 
Medicare, HMOs offered prescription drug benefits.



--Military retirees gain expanded healthcare ....##V

   President Clinton has signed into law a two-pronged 
health care initiative for current and future military 
beneficiaries eligible for Medicare that includes a 
vastly expanded prescription drug benefit and turns 
Tricare into a true cradle-to-grave benefit.

   But Clinton said he was "concerned that the Congress 
fails to deal fully with the high, long-term cost of 
this new benefit."

   Effective Oct. 1, 2001, any Medicare-eligible 
military beneficiary who has enrolled in Medicare Part B 
will have Tricare as second payer to their Medicare 
benefits. The Tricare Senior Pharmacy Program will begin 
April 1.



--The Final Call ...................................##W

Following are the names of members of the UTU Retiree 
Program who have died recently, according to reports 
received at the UTU International Headquarters. These 
brothers and sisters will be sorely missed by their many 
friends and by fellow UTU Retiree Program members.

LOCAL      NAME                            CITY
0002   Cooper, Richard A.            Toledo, OH
0072   Turnberger II, R.G.          Ceresco, MI
0204   Golosky, Morris               Pueblo, CO
0320   Malicoat, Vern E.          St. Helen, MI
0440   Murphy, A.V.           Bellefontaine, OH
0469   Brown, Claude E.          Florissant, MO
0498   Heffelfinger, Harry D.          Bath, PA
0525   Anderson, C.L.              Moorhead, MN
0602   Wolfe, R.H.           Northumberland, PA
0631   Petoney, H.L.             Hagerstown, MD
0816   Winter, W.S.H.            Harrisburg, PA
0904   Gower, Don B.             Evansville, IN
0931   Rufty, A.F.                Salisbury, NC
0942   McCoy, Wesley J.              Sumter, SC
0982   Cobb, Howard C.             Thompson, PA
1006   Greaves, Bernard L.        New Eagle, PA
1067   Larson, John A.             Chisholm, MN
1375   Yost, Francis J.        Philadelphia, PA
1378   Dougherty, G.P.           Wilmington, DE
1382   Kaufmann, W.L.             Milwaukee, WI
1389   Clark, Ralph L.              Ironton, OH
1390   Natusch, Sr., G.A.        Woodbridge, NJ
1445   Minni, Phillip            Bloomfield, NJ
1570   Kamrar, King K.          Citrus Hts., CA
1591   Kurant, Steve S.           Baltimore, MD
1638   Glenn, Edward F.          N. Olmsted, OH
1831   Flynn, Thomas F.            Glendale, NY



NOTICES

--Monthly winner announced ......................##X

   This month's lucky winner of his choice of any item 
of apparel bearing the UTU logo is Ernest S. Gross of 
Local 1172, Mullens, W. Va., which represents workers on 
Norfolk Southern.

   These items are awarded every month by random drawing 
as a show of appreciation to the many members who have 
been supportive of the UTU throughout the years.



--Time books, calendars coming .....................##Y

   CLEVELAND -- The 2001 edition of the UTU's time books 
for rail, bus and transit members will soon be 
available. The books are great for keeping track of time 
worked, runs completed, money earned and taxes withheld.

   Time books will be sent via UPS to all local 
secretaries and treasurers so they can distribute them 
to individual members at upcoming local meetings and at 
crew change points. Contact your local secretary or 
treasurer if you don't get a copy.

   The 2001 edition of the UTU calendar, featuring full-
color photographs of UTU members on the job, is being 
mailed to all UTU Retiree Program members.



--Australia, New Zealand trips offered ..........##Z

   The wonders of the land down under are awaiting UTU 
members and their guests who take advantage of the UTU 
Travelers Club's Grand Australia & New Zealand travel 
experience, set for October 10-28, 2001.

   Priced at just $4,349, this 19-day package includes 
round-trip airfare from nearly any U.S. city, stays in 
first-class hotels, a total of 27 meals (including all 
breakfasts, three lunches and seven dinners), the use of 
a luxury motorcoach, the services of a professional tour 
director, and much more!

Day 1 & 2 - USA to New Zealand. Cross the equator and 
the international date line on your flight to New 
Zealand.

Day 3 - Arrive in Aukland. Enjoy a tour that includes a 
harbor lunch cruise, and celebrate your arrival with a 
special dinner.

Days 4 & 5 - Rotorua. Travel New Zealand's countryside 
to the Waitomo Caves. Take a boat ride in an underground 
river through the Glow-worm Grotto. On Day 5, tour the 
Maori Arts and Crafts Institute, see the boiling mud 
pools at Whakarewarewa, visit Rainbow Springs, and enjoy 
the show at the Agrodome.

Day 6 - Rotorua to Queenstown. Fly to the Southern Alps 
and Queenstown, with dinner aboard the TSS Earnslaw.

Days 7 & 8 - Queenstown. Spectacular views of Mitre Peak 
from aboard the Milford Sound cruise. Day 8 at leisure, 
with dinner at the Skyline restaurant above the city.

Day 9 - Queenstown, Mt. Cook & Christchurch. Cross the 
Canterbury Plains, see Lake Tekapo and the country's 
highest peak, and linger for two days in Christchurch.

Day 10 - Christchurch. A full day at leisure in the most 
British city in the hemisphere.

Day 11 - Christchurch to Melbourne. Fly across the 
Tasman Sea to Australia's Victorian city, home for two 
nights.

Day 12 - Melbourne. Sightseeing tours, capped by a trip 
to Phillip Island, a koala bear habitat featuring a 
parade of penguins.

Day 13 - Melbourne to Sydney. A short flight, followed 
by tours of the Rocks, the Royal Botanical Garden, Bondi 
Beach and the Opera House, then cruise the harbor.

Days 14 & 15 - Sydney. A visit to Koala Park, then a day 
and a half of leisure, with dinner high above the city 
at the Sydney Tower revolving restaurant.

Day 16 - Sydney to Cairns. Fly north to tropical Cairns.

Days 17 & 18 - Cairns. Travel a catamaran to Upolo Cay 
on the Great Barrier Reef, and view the underwater 
wonders on a glass-bottomed boat, with time to enjoy the 
beaches. Day 18 spent at leisure before a festive 
farewell dinner.

Day 19 - Back to the USA. Bid farewell to Australia.

   For complete information, or to make your 
reservations now, call toll free (888) 280-7657, phone 
(440) 748-2777 from Canada, write to Lynn Westphal 
Tours, 8715 Timber Edge Dr., N. Ridgeville, OH 44039, or 
send e-mail to <lwestphal2@aol.com>.



--Deadline nears for Alaskan cruise ...............##AA

   Those planning to participate in the Alaskan Cruise 
experience offered by the UTU Travelers Club are 
reminded that the deadline for deposits is December 15, 
2000.

   Deposits for the Alaskan Cruise should be sent to: 
Lynn Westphal Tours, 8715 Timber Edge Dr., N. 
Ridgeville, OH 44039.

   Those choosing the seven-night, north-bound Voyage of 
the Glaciers leave Vancouver on May 21, 2001, aboard 
Princess Cruise Lines' Ocean Princess, traverse the 
Inside Passage, visit such ports-of-call as Ketchikan, 
Juneau and Skagway, and will cruise Glacier Bay and the 
College Fjord. Prices range from $879 to $1,799. 
Purchasing the Wilderness Package extends the experience 
another seven days and includes a stay at the Kenai 
Princess Wilderness Lodge, a visit to the Alaska Native 
Heritage Center, a ride aboard Ultra Dome rail cars to 
Denali National Park, and accommodations at the 
Fairbanks Princess Riverside Lodge.

   Also, one of the two Swiss Rail packages has been 
completely sold out, with only 20 seats left for the 
March 21-29, 2001, package, priced at just $1,799 
(double occupancy, plus $137 in taxes). For information, 
call toll free 1-888-280-7657. From Canada, call (440) 
748-2777.



--United Healthcare open enrollment ............##BB

   During the month of December 2000, United Healthcare 
will hold an open enrollment under GA-23111.

   During this open enrollment, any individual eligible 
for coverage under one of the GA-23111 plans can enroll 
and will be accepted for coverage without any medical 
underwriting or requirement of good health.

   There are no limitations on pre-existing conditions.

   If you enroll in December 2000, you will be covered 
effective January 1, 2001.

   Only those applicants who mail their enrollment form 
in December 2000 will be considered for open enrollment.

   This open enrollment is being held:

   -- For persons already enrolled in GA-23111 who want 
to change their coverage from Plan D to Plan F (which 
has no prescription drug coverage) or from Plan F to 
Plan D. The next opportunity to change plans will be 
December 2002.

   -- For any individual who was covered under any 
railroad health plan and was represented by a railway 
labor union. Previously, only individuals covered under 
GA-23000, GA-107300 or GA-46000 were eligible to enroll 
under GA-23111.

   If someone you know meets the new GA-23111 
eligibility provisions, open enrollment provides an 
opportunity to become covered.

   You may also enroll your spouse or eligible children 
if they are not currently covered.

   In addition, open enrollment under Plans D or F is 
available for your parent or parent-in-law. Anyone 
interested in enrolling should call the following phone 
numbers to obtain an enrollment form or get additional 
information:

   For persons eligible for Medicare, call (800) 809-
0453.

   For persons not eligible for Medicare, call (800) 
842-5252.

   The next open enrollment will be December 2002.



--UTUIA seeks 2001 Volunteer of the Year ..........##CC

   The United Transportation Union Insurance Association 
is looking for a special person to honor as its 2001 
Volunteer of the Year.

   Do you regularly volunteer at a hospital or nursing 
home? Do you lead a Boy Scout or Girl Scout troop or 
work with the handicapped? Are you involved in some 
other activity that benefits those in your community? If 
so, we would like to know about it.

   A panel of judges at the UTU International will 
review all submissions and select the 2001 Volunteer of 
the Year. The individual selected as UTUIA Volunteer of 
the Year will receive a $1,000 U.S. Savings Bond and a 
plaque of appreciation from UTUIA. Additionally, he or 
she will be honored at the 2001 UTU/UTUIA Regional 
Meeting nearest his or her home (all expenses paid by 
UTUIA). Also, 20 runners-up will be selected to receive 
certificates of appreciation for their volunteer 
efforts.

   Deadline for submission of nominations is February 
28, 2001.

   The outstanding individual will be notified by 
registered mail, and certificates of appreciation will 
be forwarded to runners-up as soon as possible. Decision 
of UTUIA judges is final. Previous nominees may be 
nominated again, however, former Volunteers of the Year 
are ineligible to receive awards.

   The Volunteer of the Year program is designed to 
accomplish many things, not the least of which is the 
opportunity for UTUIA to let its fraternal light shine. 
It also provides an opportunity for UTUIA to recognize 
its volunteers for their outstanding contributions to 
others.

   The nomination form should be mailed to: UTUIA 
VOLUNTEER OF THE YEAR, ATTN.: SANDRA KRANICK, UTU/UTUIA 
FRATERNAL COORDINATOR, 14600 DETROIT AVE., CLEVELAND, OH 
44107-4250. Don't forget to include a separate sheet of 
paper describing the volunteer activities.



--Federal court voids Article 78 ...............##DD

Re: Eugene Ruocchio, et al. v. United Transportation 
Union Local 60, et al.

Civil Action No. 97-5732 (NHP)

Dear Counsel:

   This matter comes before the Court on cross-motions 
for summary judgment upon remand from the Court of 
Appeals for the Third Circuit. The Court heard oral 
argument on June 12, 2000, and the parties subsequently 
submitted supplemental briefs. For the following 
reasons, the motion of plaintiffs Eugene Ruocchio and 
Robert A. D'Angiolillo for summary judgment is hereby 
GRANTED IN PART and DENIED IN PART, and the motion of 
defendant United Transportation Union for summary 
judgment is hereby DENIED.

BACKGROUND
   The facts of this case are extensively set forth in 
the Third Circuit Court of Appeals' opinion dated June 
23, 1999. In a previous Order dated July 8, 1998, this 
Court dismissed as moot the Complaint of plaintiffs 
Eugene Ruocchio ("Ruocchio") and Robert A. D'Angiolillo 
("D'Angiolillo") after defendant United Transportation 
Union, Local 60 ("UTU") reinstated Ruocchio to his 
previous position. In its June 23, 1999, Opinion, the 
Third Circuit reversed and vacated this Court's 
dismissal of plaintiffs' Complaint. The Third Circuit 
specifically held that Ruocchio's claims for monetary 
damages, injunctive relief, and legal fees were not 
mooted by his reinstatement. Thus, the matter was 
remanded for this Court to determine these issues.

DISCUSSION
   In sum, Ruocchio (footnote 1) seeks the following: (1) a 
declaratory judgment that Article 78 of the UTU 
constitution is unlawful; (2) an injunction enjoining 
UTU from enforcing Article 78 and prosecuting members 
based on violations of Article 78; (3) injunctive relief 
compelling UTU to provide a notice to rank and file 
members that Article 78 is void; (4) injunctive relief 
compelling UTU to issue a statement that Ruocchio's 
removal was unlawful; (5) money damages of $8,912.71; 
and (6) attorney's fees.

I. SUMMARY JUDGMENT STANDARD
   Under Rule 56 of the Federal Rules of Civil 
Procedure, summary judgment is appropriate only if the 
"pleadings, depositions, answers to interrogatories, and 
admissions on file, together with the affidavits, if 
any, show that there is no genuine issue as to any 
material fact and that the moving party is entitled to a 
judgment as a matter of law." Fed. R. Civ. P. 56(c). 
Summary judgment may be granted against a party who 
fails to adduce facts sufficient to establish the 
existence of any element essential to that party's case, 
for which that party will bear the ultimate burden of 
proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 
317, 322-23 (1986).

   The moving party bears the initial burden of 
identifying evidence that demonstrates the absence of a 
genuine issue of material fact. See id. at 323. Whether 
a fact is material is determined by the applicable 
substantive law. See Anderson v. Liberty Lobby, Inc., 
477 U.S. 242, 248 (1986). An issue involving a material 
fact is genuine "if the evidence is such that a 
reasonable jury could return a verdict for the nonmoving 
party." Healy v. New York Life Ins. Co., 860 F.2d 1209, 
1219 n.3 (3d Cir. 1988), cert. denied, 490 U.S. 1098 
(1989). Once that burden has been met, the nonmoving 
party must set forth "specific facts showing that there 
is a genuine issue for trial," or the factual record 
will be taken as presented by the moving party and 
judgment will be entered as a matter of law. See 
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 
U.S. 574, 587 (1986). In determining whether any genuine 
issues of material fact exist, the Court must resolve 
"all inferences, doubts, and issues of 
credibility...against the moving party." Meyer v. Riegel 
Prods. Corp., 720 F.2d 303, 307 n.2 (3d Cir. 1983) 
(citing Smith v. Pittsburgh Gage & Supply Co., 464 F.2d 
870, 874 (3d Cir. 1972)).

   Further, the nonmovant must "do more than simply show 
that there is some metaphysical doubt as to the material 
facts." Matsushita, 475 U.S. at 586. An issue is 
"material" only if the dispute "might affect the outcome 
of the suit under the governing law." Anderson v. 
Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). To defeat 
"a properly supported summary judgment motion, the party 
opposing it must present sufficient evidence for a 
reasonable jury to find in its favor." Groman v. Tp. of 
Manalapan, 47 F.3d 628, 633 (3d Cir. 1995). Accordingly, 
the party opposing summary judgment may not merely 
restate the allegations of its pleadings. See Farmer v. 
Carlson, 685 F.Supp. 1335, 1339 (M.D.Pa. 1988). 
Moreover, a party cannot rely upon self-serving 
conclusions, unsupported by specific facts in the 
record. See Celotex, 477 U.S. at 322-23. If the record, 
as a whole, cannot "lead a rational trier of fact to 
find for the nonmoving party, there is no 'genuine issue 
for trial."' Matsushita, 475 U.S. at 587.

II. ARTICLE 78 OF THE UTU CONSTITUTION
   The Third Circuit held that Ruocchio's claims for 
injunctive relief remained alive. See Ruocchio, 181 F.3d 
at 383. In so holding, the court viewed Ruocchio's 
complaint as based on retaliation for speech protected 
by the Labor-Management Reporting and Disclosure Act of 
1959 ("LMRDA"), 29 U.S.C. Section 401 et seq. Although 
the Third Circuit acknowledged that Title I protects 
members rather than officers such as Ruocchio, the court 
nevertheless held that the importance of free speech 
rights required a determination of whether Article 78 
violates Title I Section 101(a)(2), of the LMRDA, 29 
U.S.C. Section 411(a)(2). (footnote 2).

   Title I of the LMRDA, Section 101(a)(2), provides 
protection for free speech in the union setting and is 
commonly referred to as the "Bill of Rights" of the 
LMRDA. See Ruocchio, 181 F.3d at 384. Section 101(a)(2) 
of the LMRDA specifically provides, in pertinent part:

   Every member of any labor organization shall have the 
right to meet and assemble freely with other members; 
and to express any views, arguments, or opinions; and to 
express at meetings of the labor organization his views, 
upon candidates in an election of the labor organization 
or upon any business properly before the meeting, 
subject to the organization's established and reasonable 
rules pertaining to the conduct of meetings: Provided, 
That nothing herein shall be construed to impair the 
right of a labor organization to adopt and enforce 
reasonable rules as to the responsibility of every 
member toward the organization as an institution and to 
his refraining from conduct that would interfere with 
its performance of its legal or contractual obligations.

   Any constitutional provision or bylaw which is 
inconsistent with the provisions of Section 101 "shall 
be of no force or effect." 29 U.S.C. Section 411(b). The 
statute provides two exceptions to free speech. The 
first pertains to a member's "responsibility" toward the 
union as an "institution." The second involves conduct 
that would interfere with the union's performance of its 
legal or contractual obligations.

   The Third Circuit has had occasion to express its 
view that the LMRDA provides broad protection to the 
speech rights of members in the union context. See 
Mallick v. Int'l Brd. of Elec. Workers, 644 F.2d 228 (3d 
Cir. 1981) ("[M]embers' right of free speech is given an 
expansive protection."); Semancik v. United Mine Workers 
of America District #5, 466 F.2d 144 (3d Cir. 1972) 
("The purpose of construing union power narrowly and the 
members' freedom of speech broadly is to foster truly 
democratic governance in labor unions.") In this case, 
the provision of Article 78 in dispute provides the 
following:

   A member who willfully circularizes untrue statements 
shall be expelled from membership in the United 
Transportation Union if, after being charged and tried 
under the trial provisions of this Constitution, his/her 
guilt has been established.

   Several courts have concluded that free speech 
protection is so broad under the LMRDA that even 
libelous statements are protected. In Salzhandler v. 
Caputo, 316 F.2d 445, 446 (2d Cir. 1963), cert. denied, 
37S U.S. 946, 84 S.Ct. 344, 11 L.Ed.2d 275 (1963), the 
Second Circuit considered whether a union member's 
allegedly libelous statements regarding the handling of 
union funds by union officers justified disciplinary 
action against the member. The court concluded that a 
union constitutional provision which disciplined even 
the libelous criticism of union officers was 
unenforceable under the LMRDA. See Salzhandler, 316 F.2d 
at 451. The court also found that libelous comments were 
not encompassed by the two exceptions to free speech 
provided in Section 101(a)(2). See id. at 450. In so 
holding, the court reasoned that "[f]reedom of 
expression would be stifled if those in power could 
claim that any charges against them were libelous and 
then proceed to discipline those responsible on a 
finding that the charges were false." Id. at 451.

   Several courts have agreed with the holding in 
Salzhandler. See Keeffe Brothers v. Teamsters Local 
Union No. 592, 562 F.2d 298, 304 (4th Cir. 1977); 
Giordani v. Upholsterers Int'l Union of North America, 
403 F.2d 85 (2d Cir. 1968); Int'l Brd. of Boilermakers, 
Iron Ship Builders, Blacksmiths, Forgers and Helpers v. 
Rafferty, 348 F.2d 307, 312 (9th Cir. 1965); Cole v. 
Hall, 339 F.2d 881, 882 (2d Cir. 1965); Marshall v. 
Local Union No. 815, United Textile Workers, 479 F.Supp. 
613, 615 (E.D.Tenn. 1979): Gleason v. Chain Serv. 
Restaurant, 300 F.Supp. 1241, 1260 (S.D.N.Y. 1969), 
aff'd, 422 F.2d 342 2d Cir. 1970); Leonard v. M.I.T. 
Employees' Union, 225 F.Supp. 937, 939-40 (D.Mass. 
1964).

   The Third Circuit has addressed the matter as well. 
In Semancik, the court considered whether a district 
court may permanently enjoin a union from prosecuting 
members under a section of its constitution because of 
its infringement upon the right of free speech. The 
court deemed the union's constitutional provision 
prohibiting "dishonest or questionable practices" to be 
impermissibly overbroad and vague, and held that it was 
appropriate for the district court to permanently enjoin 
prosecutions under that provision. See Semancik, 466 
F.2d at 152. Citing the Second Circuit's decision in 
Salzhandler, the court declared that even libelous 
statements are protected from union action. See id. at 
153.

   Not long after Semancik, the Third Circuit in 
Harrison v. Local 54, 518 F.2d 1276, 1281 (3d Cir. 
1975), cert. denied, 423 U.S. 1042 (1976), opined that a 
"union member is free to express views, arguments or 
opinions on matters of union business even if the 
expressions be libelous or malicious without fear of 
discipline." The court voiced a similar impression in 
Mallick v. Int'l Brd. of Elec. Workers, 644 F.2d 228 (3d 
Cir. 1981). The two plaintiffs in Mallick engaged in 
several dissident activities against union leadership, 
which included publishing articles in a newsletter which 
were critical of the union and writing to the Department 
of Labor and to a Congressman alleging improprieties in 
the handling of the union pension fund. The union 
allegedly retaliated against the plaintiffs by assigning 
them less desirable job placements. In addition, 
disciplinary charges were brought against the plaintiffs 
for violating several provisions of the union 
constitution. The provisions of the constitution which 
plaintiffs allegedly violated had prohibited the 
circulating of false reports, misrepresentations or 
untruths, and the slandering of members.

   In reversing the district court, the Third Circuit 
followed Semancik and Salzhandler, quoting that 
statements "are protected from union action even if 
libelous...or malicious." Mallick, 644 F.2d at 235 
(quoting Semancik, 466 F.2d at 153). The court expressed 
its concern with union officials punishing vocal and 
dissident members under the guise of eliminating slander 
and libel, commenting that:

   The goal of union democracy, achieved through the 
expression of opposing viewpoints, would be difficult to 
realize if members felt deterred from expressing their 
opinions by the prospect of disciplinary proceedings. 
Here, [plaintiffs] actually had to undergo the 
disciplinary process, and regardless of the eventual 
outcome on appeal, the message was clear to them that 
they were being subject to disapproving scrutiny because 
of their opposition to the leadership.

   Mallick, 644 F.2d at 236. Indeed, the Second Circuit 
in Salzhandler aired similar trepidations. See 316 F.2d 
at 449-50. Further, the Third Circuit has determined 
that even a loosely worded threat to a fellow union 
member may not at times be sufficient to justify 
punishment. See Kelsey v. Philadelphia Local No. 8, 
IATSE, 419 F.2d 491 (3d Cir. 1969), cert. denied, 397 
U.S. 1064, 90 S.Ct. 1501, 25 L.Ed.2d 685 (1970).

   In this case, while Article 78 may not be ambiguous, 
it is nonetheless clear that Salzhandler and its progeny 
render Article 78 unenforceable as violative of the 
LMRDA's free speech guarantee. Article 78 prohibits the 
circulating of "untrue statements." In Mallick, the 
Third Circuit expressed strong reservations as to the 
lawfulness of a similar constitutional provision. (footnote 3.) See 
644 F.2d at 236 ("For example, the charges that 
[plaintiffs] made false or slanderous statements to the 
press do not appear to be consistent with the scope of 
protection accorded to dissidents.") Likewise, the 
constitutional provision which was struck down in 
Salzhandler prohibited "libeling, slandering...fellow 
members (or) officers of local unions." In Giordani v. 
Upholsterers Int'l Union of North America, 403 F.2d 85 
(2d Cir. 1968), the Second Circuit held that a union 
member's expulsion was wrongful where he allegedly 
violated a constitutional provision stating that members 
"shall not make or spread, directly or indirectly, 
incorrect, false, malicious, or slanderous statements, 
reports and accusations concerning the International 
Union or members or officers" of the union. Giordani, 
403 F.2d at 87 n.3.

   Because libel and slander are protected speech in the 
union context, it follows that the making of "untrue 
statements" is entitled to the same protection. (footnote 4.)

   Accordingly, it is the opinion of this Court that 
Article 78 is unlawful on its face under Section  
101(a)(2) of the LMRDA. (footnote 5.)

   Ruocchio requests equitable and injunctive relief as 
a result of the unlawfulness of Article 78. 
Specifically, Ruocchio asks for an injunction enjoining 
UTU from enforcing Article 78 and prosecuting members 
under Article 78. Ruocchio also seeks an injunction 
compelling UTU to provide a notice to rank and file 
members that Article 78 is void and that his removal was 
unlawful.

   A district court possesses wide discretion in 
fashioning relief under the LMRDA. See Ruocchio, 181 
F.3d at 387; Semancik, 466 F.2d at 156. The Semancik 
court held that a district court may declare void a 
union provision which has the effect of stifling free 
speech, and may also permanently enjoin the union from 
prosecuting members under such a constitutional 
provision. See Semancik, 466 F.2d at 156. Further, 
courts have ordered unions to publish a court's opinion 
in the union's monthly magazine. See Collison v. Int'l 
Chem. Workers Union, Local 217, 34 F.3d 233, 240 (4th 
Cir. 1994); Pawlak v. Greenawalt, 477 F.Supp. 149, 150-
51 (M.D.Pa. 1979) (requiring the Teamsters to publish in 
their monthly magazine the court order invalidating 
union constitutional provision because of the chilling 
effect of the provision), aff'd, 628 F.2d 826 (3d Cir. 
1980); Nelson v. Int'l Ass'n of Bridge, Structural, and 
Ornamental Iron Workers, 680 F.Supp. 16 (D.D.C.1988) 
(order requiring union to publish notice of court's 
decision striking constitutional provision in monthly 
newsletter included in BNA publication but not in West 
publication).

   Because of the strong emphasis placed on free speech 
rights under the LMRDA, and because Article 78 may work 
to "chill" the rights of union members, the Court will 
hereby declare Article 78 void, issue a permanent 
injunction enjoining defendant from enforcing Article 
78, prosecuting members under Article 78, or otherwise 
retaliating against union members in violation of Title 
I of the LMRDA. The Court also orders UTU to provide 
notice to the union members that Article 78 is 
unenforceable by publishing this Court's decision for 
review by the union members. (footnote 6.)

III. MONEY DAMAGES
   Ruocchio seeks money damages in the amount of 
$8,912.71 for the lost monthly stipend he would have 
received as treasurer, two days of lost work, and 
expenses. The Third Circuit found that Ruocchio had no 
cognizable claim under Section 101(a)(5) based on his 
removal from office. See Ruocchio, 181 F.3d at 381 n.5.

   It is well recognized that what the LMRDA protects is 
the union-member relationship and not the union-officer 
or union-employee relationship, and, accordingly, that 
officers of a union are not afforded a remedy under 
Section 101(a)(5) of the LMRDA by reason of their 
removal from office. See, e.g., Finnegan v. Leu, 456 
U.S. 431, 102 S.Ct. 1867, 72 L.Ed.2d 239 (1982); 
Ruocchio, 181 F.3d at 381 n.5; Franza v. Int'l Brd. of 
Teamsters Local 671, 869 F.2d 41, 47 (2d Cir. 1989); 
Martire v. Laborer's Local 1058, 410 F.2d 32 (3d Cir. 
1969); Sheridan v. United Brd. of Carpenters, 306 F.2d 
152 (3 Cir. 1962); Air Line Stewards and Stewardesses 
Ass'n Local 550 etc. v. Transport Workers Union of 
America, 334 F.2d 805 (7'n Cir.), cert. denied, 379 U.S. 
972, 85 S.Ct. 648, 13 L.Ed.2d 563 (1965). In addition, 
the LMRDA does not provide for loss of income resulting 
from removal from office. See Harrison, 518 F.2d at 
1281.

   Here, Ruocchio was removed from his position as 
treasurer. He seeks reimbursement for the stipend lost 
as a result of his removal from office. His membership 
rights, however, were not affected in any adverse 
manner. (footnote 7.) Therefore, notwithstanding the fact that 
Ruocchio's lawsuit brought about the nullification of 
Article 78, he cannot recover the monetary damages 
sought. Accordingly, Ruocchio's motion will be denied as 
to damages.

V. ATTORNEY'S FEES
   Plaintiffs who successfully litigate under the LMRDA 
are entitled to attorney's fees under the common benefit 
doctrine. See Pawlak v. Greenawalt, 713 F.2d 972, 975 
(3d Cir. 1983). The doctrine applies when the 
plaintiff's successful litigation provides a 
"substantial benefit" to the members of the union. See 
id. By paying the attorney's fees out of the union's 
treasury, the cost of the litigation is shifted to the 
class benefited by it. See id.

   Based on Pawlak, Ruocchio is entitled to attorney's 
fees. He has prevailed in that his request for 
injunctive relief has been granted. Moreover, because 
Article 78 is voided as a result of his lawsuit, his 
action has provided a substantial common benefit to all 
union members. Most certainly the result of his lawsuit 
has "dispelled the 'chill' cast upon the rights of all 
Union members and contributed to the preservation of 
union democracy." Pawlak v. Greenawalt, 713 F.2d 972, 
980 (3d Cir. 1983). Accordingly, the Court finds that 
Ruocchio is entitled to reasonable attorney's fees. 
Ruocchio's counsel shall file with the Court a specific 
fee request and an affidavit along with the appropriate 
papers which support the award of such a fee.

CONCLUSION
   For the foregoing reasons, the motion of plaintiffs 
Eugene Ruocchio and Robert A. D'Angiolillo for summary 
judgment is hereby GRANTED IN PART and DENIED IN PART, 
and the motion of defendant United Transportation Union 
for summary judgment is hereby DENIED. Specifically, 
plaintiffs' motion for injunctive relief is GRANTED, and 
the Court declares Article 78 void and enjoins defendant 
from enforcing Article 78, prosecuting members under 
Article 78, or otherwise retaliating against union 
members in violation of Title I of the LMRDA. The Court 
also orders defendant to provide notice to the union 
members that Article 78 is unenforceable by publishing 
this Court's decision for review by the union members. 
Plaintiffs' request for attorney's fees is GRANTED. All 
other relief is DENIED.

   An appropriate Order for Permanent Injunction 
accompanies this Letter Opinion.

Signed,

Nicholas H. Politan
U.S. District Judge
----------------------------------
Footnotes

1/ D'Angiolillo alleged that Ruocchio's removal from 
office deprived him of his right to participate in the 
governance of the local union through a duly elected 
representative and spokesperson in violation of 29 
U.S.C. ¤411(a)(1). As the Third Circuit presumed that 
the relief Ruocchio seeks would also satisfy 
D'Angiolillo's claims, the Court will address only those 
claims raised by Ruocchio. See Ruocchio v. United 
Transportation Union Local 60, 181 F.3d 376, 381 n.6 (3d 
Cir. 1999).

2/ The Third Circuit specifically concluded that 
Ruocchio did not have a cognizable claim under 
¤101(a)(5) based on his removal from office. See 
Ruocchio, 181 F.3d at 381 n.5.

3/ The union constitutional provisions in Mallick 
prohibited the circulating of "false reports" or 
"misrepresentations," the making of statements which 
contain "untruths," and the "slandering" of members. See 
644 F.2d at 231 n.1. 11

4/ Defendant argues that Mallick, Semancik, and 
Salzhandler are distinguishable because, unlike the 
plaintiffs in those cases, Ruocchio was not a member of 
any active dissident group or a persistent or vocal 
critic. Defendant's argument, however, misses the point. 
Whether Ruocchio was a dogged and active political foe 
or merely an innocuous bystander is of no moment. The 
principle issue this Court is charged with deciding, as 
directed by the Third Circuit, is whether Article 78 on 
its face violates Title I, ¤101(a)(2) of the LMRDA.

5/ Because Ruocchio has failed to demonstrate that the 
individual defendant, Donald Bogen, violated the LMRDA, 
Ruocchio's motion as to defendant Bogen is denied.

6/ Because the Third Circuit concluded that Ruocchio had 
no claim under ¤101(a)(5) based on his removal, Ruocchio 
is not entitled to injunctive relief compelling UTU to 
publish a notice that his removal was wrongful. See 
Ruocchio, 181 F.3d at 381 n.5.

7/ Ruocchio admitted in his deposition that his 
membership rights were not impacted. See Ruocchio 
Deposition at 60.



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                     DECEMBER 2000
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