Wednesday, March 03, 2004

FIRST SMALL STEP IN UTU REFORM   FIRST SMALL STEP IN UTU REFORM  Thanks to the efforts of former UTU International Secretary and Treasurer, Roger Griffeth, the UTU Executive Board has suspended International President Boyd, without pay. You can read about the charges Roger filed against Boyd and the details of the hearing in Cleveland at Rogers website:  www.reformit2004.org  There you will also find the entire Federal indictment against Boyd, et al., Charlie Little’s guilty plea, information about the possible use of union money to finance Boyd’s legal defense, and plenty of other interesting reading. If you are grateful for Roger’s efforts to bring about this first small step toward reforming the UTU and if you think more should be done in this direction, sending him a few dollars might just be the best investment you could make to this end. After all we are up against the millions (although dwindling) of dollars of our dues money that the current UTU political machine has at its disposal.  And unfortunately, the Executive Board’s action in itself will not heal the UTU. Removing one individual from office, even if he is a big part of the problem, will not correct the burden of an undemocratic, member-funded political machine that views rail workers and other labor organizations as the enemy and the carriers as its friends. The decision itself has been called into question by one online poster: The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. Dennis awaits sentencing. For that he is found guilty and suspended. Now comes the second part: The board also ruled Boyd’s suspension “will automatically be revoked” and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22. If he is guilty of the first part how does the second part relieve him of guilt? At least to me they seem to be separate issues.   But more and more members are calling for more member action to reform their union. They are talking about a special convention where a new vote on officers can be taken, informed about the indictments this time. Perhaps a recall provision can be added to the UTU constitution, something that was proposed at the last convention but soundly ridiculed by the Boyd Team and rejected by the Delegates. Many Delegates are regretting that decision. This small beginning offers us an  opportunity to make history by taking back our union from those who have hijacked it for personal gain. Will you take part in the difficult work ahead? 12:27:16 PM    feedback []  trackback []   Google It!

UTU Exec Board Letters to Boyd and Johnson UTU Exec Board Letters to Boyd and Johnson   Following are the written decisions of the International Executive Board: March 2, 2004 Mr. Byron A. Boyd, Jr. International President United Transportation Union 14600 Detroit Ave. Cleveland, OH 44107 Dear Brother Boyd, The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 24, 2004, in Cleveland, Ohio. For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial. On February 25, 2004, the EB met in the UTU headquarters building to deliberate. Upon completion of that deliberation, the EB voted and reached the following decision: "We the members of the International Executive Board of the United Transportation Union find you, Byron A. Boyd Jr., guilty as charged of violating Articles 16, 41 and 58 of the United Transportation Union Constitution." Further explanation: Article 16 The EB finds you guilty of violating lines 1 through 7 that read in part, "The International President shall be the executive head of the United Transportation Union, exercise general supervision over its affairs and interests including all subordinate bodies and shall preside at all sessions of International conventions. The International President may employ sufficient personnel and such other assistance as necessary to properly conduct the business and affairs of the United Transportation Union." The EB also finds you guilty of violating lines 13 through 17 that read, "Subject to Article 17, the International President shall perform all duties and responsibilities assigned under the Constitution and such other duties and responsibilities as may be necessary for the proper conduct of the affairs of the organization and the accomplishment of its objectives." You are found guilty of violating Article 16 for employing and directing the activities of Ralph Dennis who has pled guilty by and through his Plea Agreement before the United States District Court, Southern District of Texas, Houston Division, signed and dated October 2, 2003, to, "...conspiring with others to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) through the commission of two or more predicate acts, namely Honest Service Mail and Wire Fraud, and Interstate Transportation in Aid of Racketeering, and state commercial bribery, and embezzlement from a labor organization, in violation of Title 18, United States Code, Section 1962(d)." Article 41 The EB finds you guilty of violating Article 41, lines 39 through 42, which reads in part, "... to so conduct myself at all times as not to bring reproach upon my union and at all times bear true and faithful allegiance to the United Transportation Union." The EB decision finding you guilty of violating Article 41 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003. Article 58 The EB finds you guilty of violating Article 58, lines 25 and 26, that read in part, "...at all times conduct yourself as becomes a member of the United Transportation Union;" and lines 34 and 35 that read in part, "... you are expected to exercise good judgment and common sense in order to advance the best interest of the United Transportation Union." The EB decision to find you guilty of violating Article 58 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003. The EB, as provided by Article 25 of the United Transportation Union Constitution, assesses you, Byron A. Boyd Jr., the following penalty: "Byron A Boyd Jr., on this date, March 2, 2004, you are hereby suspended from the office of International President of the United Transportation Union. Your suspension is without wages and is in effect for the duration of your current term in office. This suspension will automatically be revoked and you, Byron A. Boyd Jr., will be automatically reinstated to your office as International President of the United Transportation Union with, all lost wages, if you are found not guilty, or if all charges are dismissed at the criminal proceeding to be held in Houston, Texas." The International Executive Board of the United Transportation Union, issues this decision and remains Fraternally yours, s/ Jim A. Huston, Chairman s/ John Risch, Secretary s/ Joe Boda, Member s/ Steve Dawson, Member s/ Craig Good, Member ----------------------------------- March 2, 2004 Mr. Dan E. Johnson General Secretary and Treasurer United Transportation Union 14600 Detroit Ave. Cleveland, OH 44107 Dear Brother Johnson: The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 23, 2004, in Cleveland, Ohio. For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial. Upon reading the original charge letter, the EB did have some concerns and your letter to us responding to the charges fell far short of addressing those concerns. Having missed your ample opportunity to adequately respond, we proceeded to trial. There is another concern we have regarding your office providing UTU members with relevant information in situations involving an internal UTU trial. Plaintiff Griffeth requested a number of documents from your office as he prepared for your and Brother Boyd's trials. While some of the information he requested might have been properly denied, it was improper to deny every one of his requests. One excuse cited at trial why information was not provided to Plaintiff Griffeth was that he failed to list the specific line number on an LM2 report. Your representative (who also represented Brother Boyd) repeatedly claimed that Plaintiff Griffeth had "no evidence" in either trial. To base one's defense on the claim of "no evidence" after denying Plaintiff Griffeth access to the only source for that "evidence" makes a mockery of justice. It is the view of this EB that any member of the Board of Trustees who knows of any irregularity shall promptly file charges to the EB for review. We on the EB view Article 22, lines 10 and 11, referring to your duty as a member of the Board of Trustees and reading in part, "...where irregularity or neglect is found, it shall promptly prefer charges to the Executive Board,...," as the strongest constitutional protection our members have in seeing that the financial affairs of our great union are conducted honestly. However, your explanation at trial as to why you did not file charges as required by Article 22 was sufficient to satisfy the EB that a reasonable person could have made the same decisions you did, based on the information you had at the time. On February 25, 2004, the EB met in the UTU headquarters building to deliberate and after reviewing all the facts associated with the charges, the EB voted and reached the following decision: We the members of the International Executive Board of the United Transportation Union, issue you this decision and remain. Fraternally yours, s/ Jim A. Huston, Chairman s/ John Risch, Secretary s/ Joe Boda, Member s/ Steve Dawson, Member s/ Craig Good, Member March 2, 2004 10:55:36 AM    feedback []  trackback []   Google It!

Boyd Suspended Without Pay Paul Thompson elevated to international president CLEVELAND – United Transportation Union Assistant President Paul C. Thompson will assume the duties of the Office of President of the UTU following the March 2 decision of the UTU International Executive Board to suspend from office President Byron A. Boyd Jr. The UTU Constitution provides for Thompson’s elevation. The International Executive Board found Boyd guilty of violating the UTU Constitution and ordered he be “suspended” from office “without wages” and “for the duration of your current term.” The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. Dennis awaits sentencing. The board also ruled Boyd’s suspension “will automatically be revoked” and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22. Separately, UTU General Secretary and Treasurer Dan Johnson was found by the International Executive Board “not guilty” of charges of violating the UTU Constitution and was specifically exonerated. “It is with heavy heart that I assume the duties of president,” Thompson said. “Byron Boyd’s vision at the negotiating table gained for our members unprecedented job security and an improved standard of living. This was accomplished in the face of Republican control of the House, Senate and White House, which has emboldened employers elsewhere to cut employment, wages and health care. “My first action upon taking the office,” Thompson said, “was to reach out to former presidents Al Chesser and Tom DuBose. Each pledged his advice and support during this very difficult period. I shall be calling upon them frequently as we begin a healing process and continue our leadership role among other organizations. “At this difficult moment in our history, be assured I will dedicate all my energies to maintain this union as one of the strongest. We should not forget it was the UTU that led the successful fight to increase Railroad Retirement benefits, emergency funding for Amtrak and federal dollars for bus operator training,” Thompson said. “The UTU won job protection in the face of carrier implementation of new technology. The UTU negotiated trip rates, which ended the two-tier wage system, put to bed forever carrier attempts to increase the basic day, and provided members with predictable pay checks with fewer computational errors,” Thompson said. “And the UTU negotiated some of the best bus operator and bus mechanic contracts out there.” General Secretary and Treasurer Dan Johnson said that Thompson, a locomotive engineer, “is among the UTU’s strongest advocates for preserving craft autonomy. He has been a key and effective member of the national negotiating team and one always willing to assist other officers in preparing for difficult grievance and arbitration proceedings.” March 2, 2004 1:09:31 AM    feedback []  trackback []   Google It!

Worldwide day backs railways MEDIA STATEMENT 25/02/2004                                                   For immediate release   Worldwide day backs railways   Rail workers in over 45 countries worldwide will be backing railways as an essential means of transport as part of the fifth ITF (International Transport Workers' Federation) global rail action day on 31 March 2004. The day underlines the message of 'Safety First', and brings together over a quarter of a million rail workers in activities to promote the positive benefits of well run, safe rail networks. Participants choose the most appropriate activity for their national situation - from handing out flowers and leaflets to explain rail's ecological benefits to the sounding of horns across Latin America at midday to remember colleagues who have died in accidents. Meanwhile in Lille rail workers will attend a rally hosted by French trade unions and the ITF's regional arm the ETF. Mac Urata, Secretary of the ITF's Inland Transport Section, commented: "Every country has its own experience of rail, whether it be of networks cherished and supported by governments and public, or systems under threat from privatization, deregulation and deskilling. What they all have in common is a workforce who realise that safety has to be the first priority."   For more information contact ITF press officer, Sam Dawson, direct line: + 44 (0)20 7940 9260. E-mail:dawson_sam@itf.org.uk International Transport Workers Federation ITF: HEAD OFFICE, ITF House, 49 - 60 Borough Road, London SE1 1DS,Tel: + 44 (0) 20 7403 2733, Fax: + 44 (0) 20 7375 7871, Email:mail@itf.org.uk 12:56:29 AM    feedback []  trackback []   Google It!

Rail worker’s asthma case called first of its kind Rail worker’s asthma case called first of its kind   (The following story by Mark Reiter appeared on the Toledo Blade website on February 23.)   TOLEDO, Ohio -- Two years ago, a jury in Lucas County Common Pleas Court awarded $625,000 to a railroad employee who contracted asthma from inhaling diesel fumes while working as a locomotive engineer.   At the trial in the lawsuit brought against Norfolk Southern Corp. by Rodney Cutlip, medical experts testified that his asthma was caused by exposure to diesel fumes on the job.   The jury also heard from Mr. Cutlip’s co-workers who testified about ill-fitting and poorly maintained doors on locomotive cabs that allowed diesel fumes to get inside, and said they often used duct tape to seal the cracks.   The jury’s verdict stands because the Ohio Supreme Court declined in December to consider the railroad’s appeal.   While the courts have held railroads liable for similar workplace conditions that have caused cancer, it is believed to be the first for an employee who got sick from inhaling diesel fumes.   "This is the first case of its kind in the country. There had never been a case in which an employee successfully claimed that diesel fumes caused asthma," said E.J. Leizerman, a Toledo attorney who represented Mr. Cutlip.   According to Mr. Leizerman, his client filed the suit, in part, to get Norfolk Southern to address the fumes in the engineers’ compartment, providing a safe workplace for him and his co-workers.   The jurors heard testimony from employees about the railroad’s practice of operating trains in "long hood forward," which placed the locomotive engineers at the back of the engine and the smoke in front of them, thereby exposing them to more fumes.   In addition, Mr. Cutlip’s co-workers testified that Norfolk Southern often engaged in "deadheading," a practice in which engineers were kept in train locomotives at the end of their work shift. Instead of using vans to get the employees home, they were returned to a train yard in a passenger car behind the engine, where they were subjected to the down-wind path of diesel fumes.   Despite the jury award, Norfolk Southern has not addressed the issues raised at Mr. Cutlip’s trial, said John Bentley of the Brotherhood of Locomotive Engineers in Cleveland. The union represents about 35,000 engineers, conductors, and other employees.   "There is no evidence that Norfolk Southern made any improvements to locomotive cabs to reduce the possibility of diesel exhaust entering the cabs. There is not evidence the railroad improved insulation in the cabs or anything of that nature," he said.   Rudy Husband, a Norfolk spokesman, said the railroad would not commenton the Cutlip case, and it has a policy of not talking about lawsuits filed against the company. He also would not discuss the conditions of locomotives or its practices of long hood forward and deadheading.   Mr. Leizerman said Norfolk did not appeal the jury verdict to the U.S. Supreme Court. He said the railroad settled the case with his client, paying him the $625,000 jury award and about $100,000 in interest.   Mr. Cutlip sued his employer under the Federal Employers’ Liability Act, a federal law that provides compensation for railroad employees who were injured on the job.   Enacted by Congress in 1908, the law is used as the basis for civil lawsuits for injuries resulting from a railroad’s negligence, and covers everything from dismemberment, hearing loss, and carpal-tunnel to other health problems caused by exposure to asbestos, chemicals, and solvents.   The law allows railroad employees to sue for compensatory damages, but it does not allow them to receive punitive damages.   Last year, the U.S. Supreme Court upheld a $5.8 million West Virginia jury award to six retired Norfolk Southern employees who believed they were exposed to asbestos at their workplace.   The court ruled that workers, who all have asbestosis, may win damages for their fear of contracting asbestos-related cancer.   Tom White, a spokesman for the Association of American Railroads, said FELA lawsuits cost the industry about $1 billion annually in jury verdicts like the Cutlip case and out-of-court settlements, administrative costs, and attorney fees.   "Lawsuits are filed virtually on anything. They are an unfortunate fact of life in business today, and an awful lot of lawsuits are filed," Mr. White said. "It is definitely a high cost of doing business.   "We are the only industry covered by this law. It puts a greater burden on the railroad than any other business facing employee-related injury cases," he said.   Monday, February 23, 2004 12:52:32 AM    feedback []  trackback []   Google It!

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2005/05

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