An immediate appeal was filed by the UTU with the U.S. Court of Appeals for the Sixth Circuit.

The district court did not rule that the executive board’s decision on the internal charges was improper or unlawful, but only that there were “substantial and difficult questions that require litigation” before those questions could be resolved.

The court did hold that the existence of these “difficult questions” was a basis to order the temporary reinstatement of the disciplined former union officers -- John Babler, Vic Baffoni, James Cumby and Tony Iannone -- to their prior positions, until the litigation is resolved.

The UTU also will be filing a motion to stay the order until such time as the court of appeals has a chance to review the order on its merits.

This is an effort to avoid putting these former UTU officers back on the payroll at tremendous expense to the membership even though the UTU Executive Board legitimately found them to be in violation of the UTU Constitution, and when they have already caused the UTU to expend large sums in attorney fees.

The UTU thinks the district court decision is contrary to Supreme Court and appellate court precedent, which holds that courts defer to a union’s reasonable interpretation of its own constitution. 

The federal district court held that the UTU constitutional requirement that UTU vice presidents “shall perform such duties as may be assigned by the International President” is merely a “job description,” and not a “rule." 

To read the federal district court decision, click here.