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Updated: 5/25/2005; 4:28:34 PM.

 


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Thursday, February 26, 2004

 

Who will stop the Bleeding?

Well, seems my rumor was incorrect; the Board of Directors has done nothing as usual? Seems it was Ray Linwebber's Legislative Board that voted to ask for Boyd's resignation.  Ah . . . , sorry Ray, the remaining 60,000(?) members could ask for Boyd's resignation and it wouldn't be forthcoming!

Let's see, WE know the Board of Directors and the Board of Trustees are not going to intercede for the benefit of the membership . . . , how about the Executive Board . . ., say starting tomorrow? Well,  . . . a quick indication of where they are headed will come within the first 10 or 15 minutes of the proceeding when it is determined IF the Executive Board has used their authority under the Constitution to request ANY of the documents that Mr. Griffeth has requested but been denied by Boyd!  If not, expect the proceeding to be delayed and/or proceed upon demand of the Executive Board with "little"or no punishment to be ultimately determined by the Executive Board. With all due respect to Roger's opinion, I don't specifically have the same faith in the Executive Board ("fair and honest with no political agenda") account my own experiences with them in both Smoot and my charges against Little and Boyd!

So the question remains: Who will stop the bleeding of the UTU?  Those who were delegates in Anaheim may remember that Boyd made a special trip over to my table to advise that the best "current membership" figure available was 66,368?  So what is it now after the Canadian fiasco, the indictments, and the H&W agreement?  I'm guessing below 60,000 for the first time since UTU came into existence in 1969 . . ., and sinking rapidly?

From a membership of close to 200,000 in it's heyday with a VP for about every 12,000 members to approximately 60,000 now with a VP for every 4,000 members and a VP for less than 1800 yardmasters?  While we will again see as much delay as Johnson can get for the 2003 LM-2, expect it to reflect an end of year balace of about 16 Mil - 9 of which is in GCA/SLD "trust" (if there is such a thing in the UTU?) funds. The top heavy heirarchy with all their benefits and the unreasonable expenses/per diem of the top three officers places UTU in a situation where we have an approximate monthly average deficit spending of 600,000 . . ., or about 7 million a year!  In other words, WITHOUT a dues increase, we can operate one more year assuming there is not a significant lose of members in 2004?

When you consider that to get re-elected in 1999, the "New Beginning" bragged about having 44 million, being "strong a stable" finacially, and being the "premier" Transportation Union in North America . . . a reasonable person ("U" - the dues paying member) might conclude that the "New Beginning" was a dismal failure even if the two chief architects hadn't been indicted?

Of course, WE don't know how much money has been used for Boyd's attorneys from either UTUIA or UTU but when that comes out, it should be the straw that breaks the camals back with the membership and lead to criminal indictments of members of the Board of Directors. I did finally receive a response from the Ohio Board of Insurance but it is basically non-responsive to the specific question asked, i.e., how much money from UTUIA funds has been forwarded to Boyd's attorneys for defense of the actions in Texas?  In any event, I will get a copy of the report when it is available and share it's conclusions with my readers!

On a brighter note, I have finally been contacted (phone message and left phone message in return) by a agent of the FBI with the request to explain how Boyd and Little's actions have affected the members of UTU?  I look forward to having that conversation albeit most avid readers here probably understand that I think the current indictments (personal enrichment by selling designated counsel positions) is minor compared to the activities of this union heirarcy in the Smoot case and in alleged Railroad Arbitration! The wasting of millions for special reps, unity intiative (haha),  politics, etc. is another sidebar that hasn't really been investigated at all to my knowledge. I certainly hope the buying of a federal judge and the two specious decisions of the 4th and 6th Circuit Courts of Appeals (wiretap/bankruptcy) gets equal investigation at some time in the future?

What is the legacy of the LittleVoid Regime (Ah . . . "The New Beginning"): in a single word - APATHY!  Apathy that caused the membership to disconnect with the International Union altogether account the feeling of futility! Born first by the arbitrated 1996 agreement wherein LittleVoid pulled the rug out from under the membership after they voted against the National Agreement and had it implemented upon them by Smoot styled  "Executive Session" standards and then by a process of "favoritism" backed by both union and designated legal counsel funds that disenfrachised all but a small group of local union officers and particularly delegates!

So who can stop the bleeding? Obviously the government can by placing the UTU into trust as was done with the Teamsters when it became to corrupt to function for the interests of the membership! While I don't think we are there yet, the inaction of the International Board of Trustees, Board of Directors, and International Officers has made it more of a possibility than if they had taken some decisive actions last year!

In my opinion, only the delegates can stop the bleeding right now and that is the case regardless of the outcome of Roger's charges (I anticipate nothing which will do further damage to UTU,  i.e., confirm the Executive Board is worthless unless charges are filed by the President or the Board of Directors) or the criminal trial in Houston.

While the demise of UTU from the BLE pundits is premature, it is inevitable IF the delegates fail to act soon. When the Executive Board fails to remove Johnson and Boyd from office and without awaiting the outcome of the criminal proceedings in Houston, the delegates must petition for a Special Convention for the purpose of replacing Article 25 with a recall provision! Forget another convention UNLESS the Department of Labor orders it and I don't see that happening as of now! I believe there is latitude to approve a recall provision without having a Special Convention but it would have to have the concurrence of the Board of Directors for mail ballots (and probably government approval).

While I am not adverse to a two day Special Convention, if absolutely necessary, it will drain approximately 40% of the capital left in theUTU general fund, require an immediate dues increase, and possibly be counterproductive, i.e., cause more loss of membership to BLE (Ah . . ., assuming the trainmen don't have to pay the exhorbitant dues engineers in BLE are paying).   Ultimately, the delegates must provide the recall provision that will change the face of the current UTU leadership (particularly Board of Directors) wherein the UTU Board of Directors mandates extreme cost cutting measures (cut VP's to 10 and salaries to VP/Internation Officers by 25%) as a show of good faith (and common sense) BEFORE they vote the membership on the amount of dues increase and/or "special assessment" necessary to survive to the next convention.  Absent that showing of good faith and itemizing what changes will be made specifically (in UTU news), they cannot pass the necessary dues increase to make UTU viable into the future.

And I would comment here that both BLE and UTU members better realize that two man crews is the only battle cry of both unions for the next decade that makes sense IF Public Safety is the prime consideration.  That needs to be a Conductor and Engineer until the attrition of the conductors and then become Engineer and Co-Engineer!  Of course the problem is that Public Safety isn't the main concern of Railroad Management and both unions would agree to engineer only road jobs IF they could gut the other union (similar to the RCO issue that is turning out to be the "lack of production" nightmare to the Carriers that anyone with common sense already predicted).

A significant hindrance to any plan to rectify the problems in UTU - the International Officers themselves . . ., none have ever spoken up in public and on the record for reform of UTU and most are only looking to survive a few more years until they take their multiple pensions and $100 a month lifelong health insurance into retirement (if one looks at their current duties each year many are already into semi-retirement)!

Paul Thompson should retire and the Board of Directors should do whatever is necessary to support attriting the AP position as soon as possible.  The members, through their delegates, actually have the fate of UTU in their hands now because any significant dues increase without substantial reform of UTU will lead to mass migration of members that leaves UTU unable to meet their overbloated payroll and into bankruptcy!  Hell, then our international officers can worry about their H&W payments and pensions in just like our members and retirees do!

Management of UTU by the President, Assistant President, and GS&T from Seattle (Austin), Shawnee Mission, and California  has been a proven failure; when do we get top International Officers to actually run the union from Cleveland and also stop interferring with the duties of the SLD's and GCA's? Inquiring Minds Want to Know? 

UTU remains viable today because of the hard work of Local Union Officers, SLD's, GCA's, and some International Officers despite an overbloated International heirarchy that has placed their own self-interest above that of the membership and has remained absolutely silent in the face of wrongdoing for years! It can't and won't remain that way much longer! In my view, without immediate action in the next 4 months . . . UTU is history and those that caused it's demise will still be blaiming non-union websites like this and "alleged" criminals like Ken Smoot?   Hang in there and always have a nice day!


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Talks to resume in CN strike; some shippers complain of deteriorating service
11:32 PM EST Feb 26

  Striking Canadian National Railway workers walk the picket line at the company's intermodal yards in Montreal. (CP /Ryan Remiorz)
Striking Canadian National Railway workers walk the picket line at the company's intermodal yards in Montreal. (CP /Ryan Remiorz)

ALLAN SWIFT


MONTREAL (CP) - Some Canadian National Railway clients reported a deterioration in service on Wednesday as the company and the union representing 5,000 of its striking workers agreed to resume contract negotiations.

However, operations resumed at Ford of Canada plants in Ontario where thousands of workers had to be sent home earlier this week due to the strike. The return to the bargaining table came on the sixth day of a nationwide strike by clerical, shopcraft and intermodal yard workers represented by the Canadian Auto Workers.

"Federal mediators today directed CN and the CAW to resume contract talks," said company spokesman Mark Hallman.

The mediators had been trying to get the two sides talking since contract talks broke down last Thursday.

The railway says its operations are running close to normal. Earlier this week, CAW assembly line workers refused to load or unload parts from CN railcars or load trains with new vehicles, forcing Ford Canada to shut down some lines.

However, Bob Ballantyne, president of the Ottawa-based Canadian Industrial Transportation Association, said some of its members reported a drop in service.

"We're starting to get more information that people are finding the service is really deteriorating," Ballantyne, whose group represents rail-users, said in an interview.

"Certainly some shippers are saying that the reality they're experiencing is different from what CN is reporting in their press releases."

One shipper reported that CN has put a de facto embargo on inbound refrigerator and heated cars because the company will be unable to inspect temperatures, Ballantyne said.

He said he couldn't mention names but added that complaints from shippers are coming from the Maritimes, Quebec and Western Canada, "both carload shippers and intermodal as well."

"And it appears that people taking containers in and out of CN's intermodal terminals are finding long waits now."

Hallman said CN trains "continue to operate at near normal levels."

He added that Ford requested train shipments of car parts to resume at its plants in St. Thomas and Oakville. Ford had to send home 3,700 dayshift workers from three assembly plants on Tuesday.

The CAW workers, almost a third of CN's Canadian workforce, surprised their union leadership by rejecting a negotiated settlement with wage increases of three per cent in each of three years. Their previous contract ran out Dec. 31.

CAW official Abe Rosner said the main outstanding issues are wages and working conditions, especially disciplinary procedures.

"Our members feel they have lost, in the last while, respect for themselves and the work that they do," Rosner said. "Some of these elements can be negotiated."


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Thursday, February 26, 2004
Railfax: Day of Dialogue Draws to a Close
At 3:30 pm EST on Thursday, February 26, the full bargaining committees of the CAW and Canadian National Railway met for the first time since January 23.
 
 
Last night and this morning, the union bargaining representatives met to review the momentous events of the first week of the CN strike of 2004. They reported on picket-line experiences, handling of scabs, injunctions and police, mobilizing support, the impact on CN customers and other challenges. The enthusiastic atmosphere reflected the militancy and unity of our members all across the country in their fight for a common cause.
 
After noon, the CAW committee welcomed the three government mediators - Elizabeth MacPherson (Director General of Federal Mediation and Conciliation Service), Arnie Powers, and Réjean Bercier - and gave them a detailed account of the rejection of the tentative agreement by the membership and the steps that had led to taking strike action. It was made extremely clear to the representatives of the Labour Minister that our members would continue their strike for as long as necessary to achieve the terms that they need and deserve.
 
At 3:30, the parties met face to face. Three CN vice-presidents joined the usual company committee for the occasion. The Union outlined in detail the dramatic deterioration in working conditions, the decline in respectful treatment of workers, and the unanimous opposition to the Company’s new harsh discipline system, characterized by heavy suspensions, “deferred suspensions”, harassment of employees for real or perceived safety and rules violations, etc. The Union emphasized that unless this situation was halted and reversed, there was no possibility of reaching a new settlement and ending the strike. Company representatives listened seriously and offered some comments and questions. We are awaiting their reply.
 
The next step will be the presentation to the Company of the needs of the membership on the fronts of compensation, benefits, retirement, shift and weekend work, etc. – including getting rid of some items from the rejected offer. The CAW committee is meeting in caucus in order to prepare its presentation.
 
It is much too early to say whether there will be a basis for continuing negotiations at this time. We will evaluate whether CN is prepared to consider our issues seriously and report back to the members accordingly. Meanwhile, strike action will continue and escalate as required.
 
We take this opportunity to send our greetings and congratulations to all our members on the picket lines for their hard work and daily sacrifices.

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