The decision to remove these DLC was made by Joshua M. Javits, chairperson of the UTU Board of Ethics, in response to a request by UTU International President Paul C. Thompson to determine the impact of the Houston case and guilty pleas on the DLC program.

Nineteen other attorneys who did certify that neither they, nor any member of their firms, violated those ethics standards by making such cash payments will remain as UTU DLC and continue to be recommended to UTU members seeking legal counsel following on-the-job injuries.

The names of those recommended DLC may be found by going to the UTU home page at www.utu.org, looking to the left in the blue area and clicking on "Designated Legal Counsel." (Be sure to "refresh" your browser to bring up the revised pages.)

In March, Javits informed all UTU DLC that they must, by April 6, attest to the fact that neither they, nor any member of their firms, made unlawful cash payments to past UTU presidents Byron A. Boyd Jr. or Charlie Little, or former UTU/UTUIA employees Ralph Dennis or John Rookard. All four have pleaded guilty in Houston, Texas, to various federal criminal charges including receiving illegal cash payments from unnamed DLC.

Javits, in addition to chairing the UTU's Board of Ethics, is an attorney, labor arbitrator, former chairman of the National Mediation Board and son of a former U.S. senator from New York.

"In my judgment, the UTU cannot continue to recommend" to its members attorneys who have "engaged in the conduct alleged," Javits said. Following the issuance of Javits' letter demanding that DLC attest to the fact that neither they, nor any member of their firms, made the unlawful payments, "a substantial number of DLC resigned from the program for various stated reasons and others acknowledged being referenced in the indictment but argued extenuating circumstances," Javits said.

"It is not necessary at this time to determine the underlying reason or reasons certain DLC declined to submit a declaration or resigned," Javits said. "Suffice it to say that 19 DLC executed and timely returned the required declarations. Accordingly, it is my judgment that at this time it is only appropriate that the 19 DLC who executed the required declarations remain as UTU designated legal counsel. My investigation is ongoing. Should further relevant information be forthcoming, this decision will be amended accordingly," Javits said.

DLC are appointed based upon their skills and experience in representing injured railroad employees under provisions of the Federal Employers' Liability Act (FELA). They also are required to adhere to ethics guidelines established by the UTU.

Thompson said, "I believe it is important for a union to recommend counsel to its members who are both competent and ethical." Thompson is also considering other changes in the relationship between officers of the UTU and DLC. "Strong medicine may be needed to heal this union, and I intend to do whatever is necessary to achieve that end," Thompson said. "Our members deserve no less."

UTU rules of conduct for DLC may also be found by going to the "Designated Legal Counsel" page at the UTU website (see instructions above).