The reason the UTU filed this petition is they knew they could not win a representation election if they attempted to get engineers represented by the Brotherhood of Locomotive Engineers to vote to have UTU represent them. So UTU concocted a mechanism in which UTU members, which outnumber BLE members on UP by about 1½ to 1, could vote in such an election. They argued that conductors and trainmen (primarily represented by UTU) and engineers (primarily represented by BLE) are now one craft and the combined members of both unions should choose which union should represent them. UTU figured their numerical advantage would lead to a UTU win in such an election. The decision of the arbitration panel, which the NMB adopted as its own, dismissed the UTU petition on the facts and the law.

The UTU kicked off this battle over two years ago when it filed its petition with the National Mediation Board. BLE opposed the petition and obtained the support of all of Rail Labor and the AFL-CIO, all of whom saw through the transparent attempt of the UTU to raid BLE. The AFL-CIO found UTU's petition to violate Article XX of its Constitution and By-laws which forbids one affiliate from raiding another one and cited and sanctioned UTU.

The AFL-CIO also recommended BLE and UTU enter into merger discussions and recommended former AFL-CIO President Tom Donahue to mediate the dispute. Despite the fact that UTU was attempting a merger by holding a gun to its head, BLE agreed to try to reach a merger agreement with UTU. UTU and the NMB then put the UTU petition in a suspended status as merger talks progressed. After a serious attempt to reach agreement, the talks failed and UTU revived its petition. The AFL-CIO also revived its Article XX citation against UTU and again imposed sanctions.

Throughout the process, both prior to and directly after the mediation talks with BLE, UTU stated in its publications and on its website that the NMB would decide in its favor and they would be able to absorb the BLE. It did this despite the AFL-CIO citation and sanctions.

In July 1999, the NMB conducted a hearing on the UTU petition. Both sides presented their cases, and it appeared to anyone who took the time to listen to and analyze the case that the UTU case had absolutely no merit. It had no merit based upon the facts and the existing precedent and it had no merit even if the NMB was disposed to create new policy and precedent. The case demonstrated that UTU had created a thinly veiled pretext to simply take over the BLE.

The UTU held its convention in August 1999. A centerpiece of President Charlie Little's campaign included loud and public predictions of imminent victory in its NMB petition. Any delegate who attended the convention would have believed, based upon the position put forward by the UTU leadership, that UTU would prevail and that BLE was on its way to the garbage dump.

In addition, UTU flagrantly violated the AFL-CIO Constitution and By-laws by passing a dues increase at that convention in which $3 per month per member was earmarked for its raid on the BLE. UTU stated in its publication after the August convention that it intended to use that $3 per month per member "War Chest" to take on the BLE even if the NMB ruled against their petition. At the same time, UTU attempted to convince its membership that it was within labor's mainstream, even as its leadership knew that it was (and is) a renegade union, cited and sanctioned by the AFL-CIO.

BMWE, along with all of the other rail unions except UTU, of course, has assisted BLE with resources and other assistance. BLE has recently filed a petition to the AFL-CIO asking that UTU have harsher sanctions imposed on it and the AFL-CIO has given UTU until mid-March (after this Journal goes to press) to comply with the AFL-CIO mandate to stop the raid or face harsher sanctions.

UTU does not appear to have learned its lesson, however. The day after the NMB dismissed the UTU petition, the UTU filed a petition for reconsideration with the NMB. Simultaneously it has issued public warnings on its website that it intends to continue on with its campaign against BLE.

UTU leadership has misled the decent, hardworking UTU membership on all counts. It has told its membership it was going to win the NMB petition and it lost. On the basis of those promises it evidently convinced the delegates to the UTU convention to pass a $3 per month per member dues increase-War Chest-to fight the battle against the BLE. It has caused the UTU to be an outcast within the Labor Movement - sanctioned by the AFL-CIO. It may end up being fined by the AFL-CIO the $3 per month per member it has boasted it will use to continue its raid against the BLE, so that BLE and all of the unions who have supported BLE will be repaid with UTU dollars for the expenditures they have made in fighting and/or assisting in fighting the raid. UTU is now opposed by the National Mediation Board, the AFL-CIO and all of Rail Labor.

The time has come for UTU to rethink its policy rather than continue to follow a mindless, suicidal path that is harmful to its members and the rest of the Rail Labor movement. We hope that forces within the UTU convince its leadership to give up its fruitless raiding policy.

Ultimately the decision is up to the membership of the UTU in how to dispose of the leadership who took it down this path towards self-destruction-those who misrepresented to that membership the landmarks and direction of the path it is now marching on. Everyone in the labor movement sees that the path ends in a cliff and that the leadership is exhorting the membership to jump off the cliff. We hope the UTU membership does not follow its leadership off that cliff. Tell President Charlie Little, Byron Boyd, James "Brokenrail" Brunkenhoefer and the others who have directed you to that path to end the raid now. If anyone goes over the cliff, it should only be those who chose the path and directed you to it.