The International Executive Board found Boyd guilty of violating the UTU Constitution and ordered he be "suspended" from office "without wages" and "for the duration of your current term." The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. Dennis awaits sentencing.

The board also ruled Boyd's suspension "will automatically be revoked" and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22.

Separately, UTU General Secretary and Treasurer Dan Johnson was found by the International Executive Board "not guilty" of charges of violating the UTU Constitution and was specifically exonerated.

"It is with heavy heart that I assume the duties of president," Thompson said. "Byron Boyd's vision at the negotiating table gained for our members unprecedented job security and an improved standard of living. This was accomplished in the face of Republican control of the House, Senate and White House, which has emboldened employers elsewhere to cut employment, wages and health care.

"My first action upon taking the office," Thompson said, "was to reach out to former presidents Al Chesser and Tom DuBose. Each pledged his advice and support during this very difficult period. I shall be calling upon them frequently as we begin a healing process and continue our leadership role among other organizations.

"At this difficult moment in our history, be assured I will dedicate all my energies to maintain this union as one of the strongest. We should not forget it was the UTU that led the successful fight to increase Railroad Retirement benefits, provide emergency funding for Amtrak and federal dollars for bus operator training," Thompson said. "The UTU won job protection in the face of carrier implementation of new technology. The UTU negotiated trip rates, which ended the two-tier wage system, put to bed forever carrier attempts to increase the basic day, and provided members with predictable pay checks with fewer computational errors," Thompson said. "And the UTU negotiated some of the best bus operator and bus mechanic contracts out there."

General Secretary and Treasurer Dan Johnson said that Thompson, a locomotive engineer, "is among the UTU's strongest advocates for preserving craft autonomy. He has been a key and effective member of the national negotiating team and one always willing to assist other officers in preparing for difficult grievance and arbitration proceedings."

Following are the written decisions of the International Executive Board:

March 2, 2004

Mr. Byron A. Boyd, Jr.
International President
United Transportation Union
14600 Detroit Ave.
Cleveland, OH 44107

Dear Brother Boyd,

The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 24, 2004, in Cleveland, Ohio.

For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial.

On February 25, 2004, the EB met in the UTU headquarters building to deliberate. Upon completion of that deliberation, the EB voted and reached the following decision:

"We the members of the International Executive Board of the United Transportation Union find you, Byron A. Boyd Jr., guilty as charged of violating Articles 16, 41 and 58 of the United Transportation Union Constitution."

Further explanation:

Article 16

The EB finds you guilty of violating lines 1 through 7 that read in part, "The International President shall be the executive head of the United Transportation Union, exercise general supervision over its affairs and interests including all subordinate bodies and shall preside at all sessions of International conventions.

The International President may employ sufficient personnel and such other assistance as necessary to properly conduct the business and affairs of the United Transportation Union."

The EB also finds you guilty of violating lines 13 through 17 that read, "Subject to Article 17, the International President shall perform all duties and responsibilities assigned under the Constitution and such other duties and responsibilities as may be necessary for the proper conduct of the affairs of the organization and the accomplishment of its objectives."

You are found guilty of violating Article 16 for employing and directing the activities of Ralph Dennis who has pled guilty by and through his Plea Agreement before the United States District Court, Southern District of Texas, Houston Division, signed and dated October 2, 2003, to, "...conspiring with others to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) through the commission of two or more predicate acts, namely Honest Service Mail and Wire Fraud, and Interstate Transportation in Aid of Racketeering, and state commercial bribery, and embezzlement from a labor organization, in violation of Title 18, United States Code, Section 1962(d)."

Article 41

The EB finds you guilty of violating Article 41, lines 39 through 42, which reads in part, "... to so conduct myself at all times as not to bring reproach upon my union and at all times bear true and faithful allegiance to the United Transportation Union."

The EB decision finding you guilty of violating Article 41 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003.

Article 58

The EB finds you guilty of violating Article 58, lines 25 and 26, that read in part, "...at all times conduct yourself as becomes a member of the United Transportation Union;" and lines 34 and 35 that read in part, "... you are expected to exercise good judgment and common sense in order to advance the best interest of the United Transportation Union."

The EB decision to find you guilty of violating Article 58 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003.

The EB, as provided by Article 25 of the United Transportation Union Constitution, assesses you, Byron A. Boyd Jr., the following penalty:

"Byron A Boyd Jr., on this date, March 2, 2004, you are hereby suspended from the office of International President of the United Transportation Union. Your suspension is without wages and is in effect for the duration of your current term in office.

This suspension will automatically be revoked and you, Byron A. Boyd Jr., will be automatically reinstated to your office as International President of the United Transportation Union with, all lost wages, if you are found not guilty, or if all charges are dismissed at the criminal proceeding to be held in Houston, Texas."

The International Executive Board of the United Transportation Union, issues this decision and remains

Fraternally yours,

s/ Jim A. Huston, Chairman
s/ John Risch, Secretary
s/ Joe Boda, Member
s/ Steve Dawson, Member
s/ Craig Good, Member
-----------------------------------

March 2, 2004

Mr. Dan E. Johnson
General Secretary and Treasurer
United Transportation Union
14600 Detroit Ave.
Cleveland, OH 44107

Dear Brother Johnson:

The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 23, 2004, in Cleveland, Ohio.

For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial.

Upon reading the original charge letter, the EB did have some concerns and your letter to us responding to the charges fell far short of addressing those concerns. Having missed your ample opportunity to adequately respond, we proceeded to trial.

There is another concern we have regarding your office providing UTU members with relevant information in situations involving an internal UTU trial.

Plaintiff Griffeth requested a number of documents from your office as he prepared for your and Brother Boyd's trials. While some of the information he requested might have been properly denied, it was improper to deny every one of his requests. One excuse cited at trial why information was not provided to Plaintiff Griffeth was that he failed to list the specific line number on an LM2 report.

Your representative (who also represented Brother Boyd) repeatedly claimed that Plaintiff Griffeth had "no evidence" in either trial. To base one's defense on the claim of "no evidence" after denying Plaintiff Griffeth access to the only source for that "evidence" makes a mockery of justice.

It is the view of this EB that any member of the Board of Trustees who knows of any irregularity shall promptly file charges to the EB for review.

We on the EB view Article 22, lines 10 and 11, referring to your duty as a member of the Board of Trustees and reading in part, "...where irregularity or neglect is found, it shall promptly prefer charges to the Executive Board,...," as the strongest constitutional protection our members have in seeing that the financial affairs of our great union are conducted honestly.

However, your explanation at trial as to why you did not file charges as required by Article 22 was sufficient to satisfy the EB that a reasonable person could have made the same decisions you did, based on the information you had at the time.

On February 25, 2004, the EB met in the UTU headquarters building to deliberate and after reviewing all the facts associated with the charges, the EB voted and reached the following decision:

"We the members of the International Executive Board of the United Transportation Union find you, Dan E. Johnson, not guilty of the charges brought against you and hereby exonerate you."

We the members of the International Executive Board of the United Transportation Union, issue you this decision and remain,

Fraternally yours,

s/ Jim A. Huston, Chairman
s/ John Risch, Secretary
s/ Joe Boda, Member
s/ Steve Dawson, Member
s/ Craig Good, Member