Description : News Release - 03/16/2000 - UTU "Immediately Disaffiliating" from AFL-CIO

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Mr. John J. Sweeney, President AFL-CIO 815 Sixteenth Street, NW Washington, DC 20006 FAX (202) 508?6946

Dear President Sweeney:

It is with regret that I must inform you that the United Transportation Union is hereby immediately disaffiliating.

A decision of this kind requires the exercise of sound judgment in support of legitimate UTU organizational goals. The issues which have arisen concern the following Federation actions, which serve as the reasons for the decision to disaffiliate.

As you know, on January 21, 2000, I wrote to you expressing my great disappointment with reported remarks of Federation Secretary-Treasurer Richard L. Trumka at a meeting with a number of rail affiliates where he said that he probably should get the White House to come out in support of the "Shippers' Bill," and threaten the railroads with Federation support for it. This bill would grant open access on the nation's railroads to shippers and other carriers that would greatly harm rail operating employees represented by UTU. I requested in that letter your immediate advice that such conduct would not be permitted because I could not justify the Federation's position to our members if it directly threatened their jobs. To date, there has been no response to my letter.

On another point involving legislative activity, it was reported to me that when Secretary-Treasurer Trumka obtained a three-year moratorium and a commitment to negotiate in good faith to reach an agreement to end what is known as "cram-down" with Association of American Railroads President Ed Hamberger, the consideration for that commitment was for the Federation to drop its opposition to the reappointment of Linda Morgan as Chairwoman of the Surface Transportation Board. As you know, UTU had always supported her renomination; but despite the fact that the Transportation Trades Department is supposed to operate by consensus, the Federation was opposed to her renomination. I also had reports last fall that there was Federation opposition to the reappointment of Magdalena Jacobsen and Ernest DuBester to the National Mediation Board, and the appointment of Francis Dougan to that Board, while UTU was in favor of the renominations and nomination.

It is fair to say that UTU and BLE have been involved in more Article XX, Section 2 proceedings before the Federation than any other affiliates in history within such a short span of time. Several are worthy of note, in that they demonstrate a lack of evenhandedness by the Federation.

In December of 1996, UTU filed a charge against BLE for having signed a pre-hire agreement with the I&M Rail Link to represent all operating employees when it purchased the "Corn Lines" from the Soo Line Railroad, and BLE counter-charged against UTU for having signed such an agreement with a purchaser of the Chicago & Illinois Midland. Both BLE and UTU were found to be in violation of Article XX, Section 2. However, the offer of both unions to designate the other as representative of the employees it had represented on the predecessor properties was deemed sufficient for compliance.

On the other hand, recently BLE filed a charge against UTU for having filed an application with the National Mediation Board to represent the operating employees on the Louisiana & Delta. As I have detailed to you in previous correspondence, UTU did not know of BLE's representation of these employees at the time the application was filed because even though BLE had been certified to represent them for 9 years, it had never obtained a contract, and the employees themselves were unaware of the continuing representation status. UTU won the representation election, and was found to be in violation of Article XX, Section 2. UTU offered in compliance the same thing that had been acceptable in the I&M Rail Link and Chicago & Illinois Midland cases, namely, that UTU would designate BLE as the representative, because the involved employees could not be abandoned to an unrepresented status by an outright disclaimer of certification. On February 28, 2000, you issued a letter finding that was not sufficient compliance and applied the Article NN Section 15 sanctions.

In the same vein, last year UTU filed a charge against ATU for having signed a substandard pre-hire agreement to operate bus service on a portion of New Jersey Transit where UTU then represented employees operating the service under a standard bus contract with the contractor for such service provided to NJT. The Impartial Umpire found ATU to be in violation, and his finding was sustained on appeal. However, when President Jim La Sala of ATU appeared at the compliance proceeding, the Federation lost all interest in forcing ATU to abide by the determination of the Impartial Umpire.

Finally, as you know, BLE filed an Article XX, Section 2 charge against UTU for filing an application with the N1vIB to represent all train and engine service employees on the Union Pacific. UTU was found to be in violation and was sanctioned last year. On February 16, 2000, the Executive Council, meeting in New Orleans, added discretionary sanctions to be available against affiliates found to be in violation. BLE sought imposition of such sanctions in its February 24, 2000 letter to Federation Secretary-Treasurer Trumka, who favorably responded to BLE by letter dated March 1, 2000, although holding the request in abeyance until the 30-day period specified in the discretionary sanctions had passed. These new sanctions would include UTU paying BLE's expenses, lost dues and other income foregone, and its costs incurred in the matter before the NMB. UTU regards this as an improper after-the-fact attempt to apply sanctions not in existence at the time of violation and imposition of sanctions. It has been reported to me today that BLE Vice President William Walpert has stated publicly that the Executive Council will impose these sanctions and BLE will use the money to finance its campaign against UTU.

UTU firmly believes that it must assume the lead role in bringing about needed changes in the structure of representation for rail operating employees. It must be done now if we are to overcome the rigorous challenge to the future well?being of UTU members and their families.

Because UTU perceives its differences with the Federation on the issues described above to be presently irreconcilable, the UTU Board of Directors and I have concluded that it will be in the best interest of both UTU and the Federation for us to immediately disaffiliate. Consequently, accept this letter as UTU's immediate disaffliation from the Federation. UTU must follow the course of action decided upon because in the judgment of the UTU Board of Directors, it is in the best interest of our membership. UTU's disaffliation at this time should not be construed to signal a total break in our affairs. We will continue to work with the Federation in matters of common interest to workers whenever and wherever possible.

In conclusion, UTU wishes the Federation well in its efforts to instill new life in the labor movement. UTU has the same goal -- to rationalize and revitalize the representation of operating employees on the nation's railroads.

Sincerely,

Charles L. Little International President

cc: R L. Trumka, Secretary-Treasurer, AFL-CIO (FAX) All Rail Chief Executives (FAX) Ed Wytkind, Executive Director, TTD (FAX)