Roger D. Griffeth
March 9, 2004
Mr. Dan Johnson, GS&T
United Transportation Union
14600 Detroit Avenue
Cleveland, OH 44107
Fax Transmission – 216-228-5755
Re: Appeal to International President, Article 75 II (b)
My name is Roger D. Griffeth. I am a member of UTU Local 1261, Atlanta, Georgia.
This appeal is intended to comply with the provisions of Article 28, UTU Constitution, that requires members to exhaust all internal remedy available by appeal provided for in the Constitution.
Pertinent facts of decision being appealed: Under letter dated March 2, 2004, the members of the UTU Executive Board published a written decision regarding the charges against Byron Boyd. (Exhibit A) The declaration of guilt was stated as follows:
"…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…."
As a result of this finding, the Trial Board accessed a penalty of "suspension" in two separate parts, Part 1, reads as follows:
"…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 term in office…."
The preceding element of the Trial Board’s decision was proper in that it stated a conclusive penalty to a finding of guilt. Article 25, at or about line 85, requires that a penalty issued by the Trial Board "…shall be final and binding…" on the accused (Article 25, line 81-86) if found guilty.
Further, because the guilty officer enjoys the right to an internal appeal for reversal of the Board’s decision, it is necessary for the discipline to be both "final and binding." This requirement properly invokes the internal "due process" rights of the accused, in that appeal can be submitted to the UTU Convention.
After the Trial Board rendered their "final and binding" decision, they promptly reversed the finality of that decision and unbound Boyd from the assessment of the internal discipline. The Trial Board deferred the final disposition of their findings to a unrelated process outside the jurisdiction of the UTU. Part 2 of the action/decision of the Trial Board reads:
"…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…."
Basis of appeal – The basis of this appeal speaks to Part 2 of the penalty decision rendered by the Trial Board. The penalty of "suspension without pay", stated in Part 1 of the award, must be both "final" and "binding" on the accused internally without external loopholes.
It appears that the Trial Board intended to grant an external body the authority of the delegates to revoke the final and binding decision set-forth in Part 1 of the award. By the UTU Constitution, the only authority to reverse or revoke the suspension of Boyd is the UTU Convention, and only if appealed by him under Article 26, lines 84-86.
In deferring the final and binding penalty decision rendered in behalf of the membership, the Executive Board made a decision that was beyond the scope of the authority explicitly limited in Article 25, lines 81 – 86. This, of course, is not in keeping with the contractual provisions of our governing document, the UTU Constitution.
Requested relief – Due to the action/decision taken by the Trial Board to establish a procedure that removes internal discipline matters to external tribunals without standing in accessing discipline for Article 16 violations, this appeal seeks to void the language of the Trial Board’s decision, Part 2, that reads:
"…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…."
Authority to bring appeal - Article 75 Appeals – Section II (b) provides that:
"Actions or decisions of Trial Boards (Article 25, line 71) may be appealed to the International President, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date on which the action or decision occurred."
The preceding sets-forth the authority of members to appeal actions or decisions of Trial Boards. Article 25 specifically describes the Executive Board as a "Trail Board" (lines 71 and 75) and the resulting decision is a decision of a "Trial Board".
Notice to Parties – Copy of this appeal is being furnished to the Chairperson of the International Executive Board as required by Article 75 III - Procedures.
Handling of this appeal - Due to the problems that may be associated with the outcome of the criminal matter in Houston, the possible adverse financial consequences of the Trial Board’s (Part 2) action/decision, I am requesting this appeal be decided by the International President upon receipt.
Failing to receive the requested relief from the President, I am asking that this appeal, and/or any decision or action emanating from this appeal, also be considered as an appeal of the decision of the International President and docketed for a special session of the Board of Directors as soon as possible after the trial in Houston, however, no later than ninety days after receipt of this appeal.
Additional Parties to this appeal – I have included with the hard copy of this submission appeals forwarded to me by other members requesting that they also be made party to this appeal. It is my understanding that others may be filed independently and forwarded to your office.
Fraternally submitted,
Roger D. Griffeth
Cc: James Houston, Chairman, UTU Executive Board
Joint Appellants
