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The Following is A REVIEW OF THE DOCUMENT TITLED “UTU Articles in conflict with the SMWIA Constitution or Merger Agreement”. While this review is not all encompassing, it addresses those articles which jumped out at the author of this comparison. Each article is listed and demonstrates where there is a conflict in the information previously distributed by the International through Questions and Answers published by them. The Q&A's are posted below the listed Articles, and for ready reference you can scroll down to observe the contradiction that this author has worked so hard in pointing out. 


Article 2 officers, boards and members:  Third paragraph in conflict with information presented by International to membership-See Q & A 27 on UTU Web titled Frequently Asked Questions Down Load Update dated 07-26-07.  Also see Q & A 58 of UTU Download Update dated 08-02-07-Both state that the number of delegates for the transportation division would be the same as currently stated in the UTU Constitution.

Article 5 delegates: Last paragraph in conflict with Q & A’s 27 and 58-see above.

Article 16 international president:  “The duties described can not be included among duties of the president of the Transportation Division.”  This is in conflict with quote from UTU Web titled Merger dated 6-11-07, 10th paragraph.  Also quote from UTU web titled “Read all about it!’ dated 07-27-07,  2^nd paragraph.  And conflict with Frequently Asked Questions No. 14, 16, 29, and 90.

Article 18 vice presidents: This change conflicts the quote from UTU Web titled “Smart it is” dated 08-07-07-8^th paragraph and with Q & A’s No. 16, and 29.

Article 29 compensation and vacation: Depending on what the SMWIA refers to as “staff”, this could conflict with Q & A No. 29.

Article 40 jurisdiction:  This change conflicts with Q & A 31, 33, and possibly 102.

Article 47 transfers: Same response as to Article 40.

Article 48 local union funds:  Conflicts with Q & A 22, 31, 34,and 102.

Article 49 payment of dues/assessments:  conflicts with Q & A 22, 102.

Article 51 readmission: Conflicts with Q & A 31and 33.

Article 55 local meetings:  Conflicts with Q & A  31 and 34.

Article 80 preservation of craft autonomy:  SMWIA POSITION IN DIRECT CONFLICT WITH THE FOLLOWING PRESENTED TO THE MEMBERSHIP:  Quote from UTU Web titled “Merger Ballots Mailed July 17 dated 07-09-07.  Specifically the 10^th paragraph which states: “ The UTU-SMWIA merger preserves UTU craft autonomy.”

Also in direct conflict with Page 3 of Document titled “Smart News-Special Merger Edition” which was on the UTU Web and mailed to the Membership and states “Craft Autonomy remains intact”.

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The bottom line is that in Q & A 20, the International assured the membership that “In our negotiations, we attempted to address any known conformity in the merger document.’  And also Q & A 65 which stated that:  “During the negotiations leading up to the proposed merger agreement, we addressed every known conflict, and at the present time, we know of no existing conflicts.”

This document is evidence that the parties who were involved in negotiation of the merger either knew those statements to the membership were false or should have known they were false.

In connection with the above statements, it is damming for the persons involved in the merger negotiations to continue to imply to the membership that the present UTU Constitution would move intact into a new SMART Constitution when they knew or should have known that was untrue. 

Quotes from UTU Web titled ‘Merger” dated 6-11-07

“The proposed merger would create, within SMART, a Transportation Division, whose senior officers would be those elected at the UTU quadrennial convention in August in Hollywood, Fla. The officers would have the same duties of international president, assistant president, general secretary and treasurer, national legislative director, and international vice president as they do under the UTU constitution.” (10^th para.)

The SMART Transportation Division would include the UTU's air, bus and rail members, and the rail non-op workers now represented by the SMWIA would negotiate in national rail negotiations with SMART's Transportation Division. (11^th para)

The UTU constitution will remain intact and become a part of the SMART constitution. It would take the approval of the SMWIA general president and UTU International president, plus a 75 percent vote of SMART to make subsequent changes to the merger agreement, "effectively giving UTU veto power," Thompson said. (12^th para)

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Quotes from UTU Web titled  ‘Merger Ballots Mailed July 17”                 dated 07-09-07

Members should receive, at their home address, a package that includes a ballot, the merger document, detailed voting instructions, a video on CD disk explaining the merger, a special edition of UTU News, a letter from International President Paul Thompson, and a letter from AFL-CIO President John Sweeney.(2^nd para)

Members should keep the following in mind as they begin discussing the merger and considering how they will vote:

* The UTU constitution will be integrated into the SMART constitution intact, including the current autonomy provisions.

* No UTU local, general committee of adjustment or state legislative board will be closed as a result of the merger, nor will any UTU local or general committee lose its jurisdiction.

The UTU-SMWIA merger preserves UTU craft autonomy. Additionally, the SMART merger establishes a Transportation Division that will be under the direction of a president elected by UTU members at the August convention, thus assuring autonomy and control of issues affecting operating employees.(From 10^th para)

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Quote from UTU Web titled “Read all about it!” dated 07-27-07

As questions about the proposed merger with the SMWIA to create SMART arrive at the International, they are being answered by the UTU president, the SMWIA general president, and other UTU and SMWIA officers.(2^nd para)

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Quotes from UTU Web titled “Smart it is” dated 08-07-07

Created within SMART will be a transportation division, whose senior officers will be those elected at the UTU quadrennial convention the week of Aug. 13. Those officers will have the same duties as they do under the UTU constitution. (8^th para)

No UTU general committee of adjustment or UTU local or UTU state legislative board will be closed as a result of this merger, nor will any UTU general committee or UTU local lose its jurisdiction.(10^th para)

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Taken from UTU Web titled “Frequently Asked Questions- Download Document dated 07-09-07

Q-3 – What happens to the UTU Constitution after the merger?

The UTU Constitution will be integrated into the SMART Constitution intact as Article 21(b), including the current autonomy provisions thereof.

Q-9 – Why did the UTU elect to discuss merger with the SMWIA rather than other railroad craft unions?

The UTU met and discussed merger possibilities with other unions; however, unlike deliberations with the SMWIA, those meetings did not culminate with an agreement that would equally benefit the membership of both unions. The two other largest rail unions – the BLET and the BMWE – are now with the Teamsters (IBT), and our members are clear they do not want the UTU to be controlled by the Teamsters, where our interests are not aligned. The other large rail union, the TCU, is now part of the IAM. The UTU had discussions with the IAM as well as the CWA and steelworkers, but the SMWIA deal was the only one that assured continued autonomy. Other rail craft unions have indicated they may wish to become part of SMART.

Q-14 – How will the merger of the UTU and the SMWIA, and the creation SMART, assure the continuing control over the train service crafts?

The SMART Constitution establishes a Transportation Division that will be under the direction of the SMART Transportation Division president elected from the UTU ranks, thus assuring autonomy and control of issues affecting operating employees. Further, the creation of SMART will provide an alternative opportunity for any other railroad craft unions to join an organization that represents railroad craft employees, and not an organization that represents primarily truck drivers whose legislative agenda is contrary to the rail industry.

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Taken from the UTU Web titled Frequently Asked Questions-Down Load Update dated 07-26-07

Q-16 – Why didn't the UTU and the SMWIA unions form a Constitutional Committee similar to when the BLE/UTU merger constitution was written? Why wasn't this proposed merger laid out in writing with a complete constitutional blueprint prior to having the UTU membership vote on this merger?

The UTU did form a Constitutional Committee identical to the BLE/UTU merger Constitution. However, as we proceeded in our negotiations, it became apparent that due to the difference in the structure of the buildings-trade portion of the SMWIA, it was going to be almost impossible to create a single Constitution that would apply to

both the buildings trade and the transportation side of the new organization. For example, the major problem that we had to overcome was the provisions in the SMWIA were the general president appointed International representatives and organizers. These individuals are actually full time business agents that are appointed to serve at the pleasure of the general president in full time positions as International representatives or organizers. When serving, they provide assistance to other business agents similar to what a UTU vice president does with general committees. Unlike the SMWIA International representatives, our UTU vice presidents are elected and are full time positions. The manner in which we were able to overcome this problem was by placing the entire UTU Constitution and the SMWIA Constitution in their entirety into the SMART Constitution. The UTU Constitution will be Article 21(b). By doing this both structures were protected. To satisfy the stipulation within the SMWIA Constitution regarding the right of the general president to appoint International representatives and organizers, we included in the merger document, Article V. This article protects and maintains the existing rights of UTU members to elect their full time officers. Once elected, then the senior six (6) officers will be appointed in seniority order as six (6) of the seventeen (17) general vice presidents of SMART. By this provision, we have satisfied both our UTU Constitution and the existing SMWIA Constitution that allows the general president to appoint individuals to certain positions.

Q-20 – Should the two unions merge, who, when and where will the SMART Constitution be rewritten as required by the merger agreement on pg. 3 item I? What is the meaning within SMART merger agreement of: "in conformity" to the SMWIA Constitution?

Article III provides that the merger document (Agreement) will be included into the new Constitution by September 1, 2011. In our negotiations, we attempted to address any known "conformity" in the merger document. One such issue that would have come under the "conformity" issue would have been the manner of appointing verses elections.  That has already been addressed in the merger agreement along with every other known issue at the time. If there are some issues in the future, we have provided the fairest way known to resolve such issue.

Q-21 – What does this mean to the UTU members as stated on page 4, part III, of the Merger Agreement: "SMART shall be governed by the SMART Constitution which shall be the SMWIA Constitution amended to implement the provisions of this agreement?” How will this affect the various articles of the present UTU Constitution and what articles do you expect to be eliminated and why?

There will be no changes in the existing SMWIA Constitution as it currently relates to the building-trades section of SMWIA. Part of the existing SMWIA Constitution only applies to the building-trades section and does not apply to the existing rail section of SMWIA. Where there are direct conflicts with the SMWIA Constitution there would be changes in the existing UTU Constitution. There could be some provisions changed at our UTU convention and if so, they would flow into Article 21 (b) of the new Constitution effective January 1, 2008.

Q-22 – Should this merger pass, what will the International dues be for the UTU members after January 1, 2008? Will state and local CLC dues be added to the monthly dues?

There will be no change on January 1, 2008, to the existing dues.  Dues changes on the International, general committee, legislative and locals will remain and can only be changed as provided by the SMART Constitution.

Q-25 – Will any approved amendments by the delegates at the August 2007 convention need to "conform" with the SMART Constitution? Who will decide what 2007 UTU passed amendments will not become part of the SMART constitution?

If there is a change at the UTU 2007 Convention that appears to not "conform" with the new SMART Constitution, then that would be handled as provided in Article III of the merger document (Agreement).

Q-27 – Will UTU locals have one (1) delegate (plus an alternate) per local, or will they have one (1) delegate per each block of 50 active members as stated in the SMWIA constitution?

The number of delegates for the Transportation Division Convention would be as currently stated in the UTU Constitution. The number of delegates for the SMART Convention would be as currently defined in the SMWIA Constitution, where each local union is entitled to one (1) delegate for the first one hundred members or less and one (1) delegate for each additional one-hundred (100) members, or majority fraction thereof.

Q-28 – Will there be an International convention fund for paying for the expenses of delegates attending International conventions or will locals' now have to pay the cost of delegates attending a convention as the SMWIA constitution states?

There will continue to be an International convention fund under our UTU Constitution until such time as the general funds are consolidated. Insofar as the SMART Convention, then the locals would pay the cost to send a delegate(s).

Q-29 – What does it mean that "All full-time UTU VP's elected at the 2007 convention will become International representatives and organizers of SMART with functions of current UTU officers? What will their job and/or duties be? What will their fate be in the future? What will be the salary for these various VP and organizer positions? Can the general president remove them from their job or function?

This was explained and answered in Question and Answer No. 16. There will be no change in their duties, as they exist today. Their fate and salary will be the same, as it exists today. The only manner in which an officer can be removed is by the language contained in the SMART Constitution.

Q-31 – Article 11 states: “All local unions of this Association shall affiliate with bona fide state, district and provincial councils chartered by this Association.” What does this mean? Will lodge, state and/or national legislative boards be done away with and/or become subservient to other legislative boards? Will dues increase due to this association? Will UTU locals continue to have a legislative board to handle safety and

health issues?

The structure of UTU Locals, legislative representatives and the Legislative Department will remain just as they exist today with the very same functions. Dues increases will apply as set forth in the Constitution.

Q-33 – With regard to the question above what can the changes be with the SMART Constitution with locals and general committees such as merging/or decreasing the size of locals, committees or general committees? How does this work in practice and who decides?

There will be no change to the existing conditions on mergers of locals or general committees. They will remain the same as they are currently under the UTU Constitution.

Q-34 – What does it mean and what is expected of local's by-laws to conform to the SMART Constitution within two years? What will be the criteria?

This also will not change as under the existing UTU Constitution, the International must first approve all by-laws so that they do not conflict with the Constitution.

Q-40 –There is an existing Article 21 in the SMWIA Constitution dealing with the Jurisdiction of Railroad and Councils and UTU constitution will become part 2B.  However, Article 34 Sec. 1(g) states: “...the General Executive Council shall have the authority between Conventions to amend Article Twenty-one (21) of this

Constitution without the necessity of the referendum vote required in Section 1(f) of this Article.” What does this mean and will the delegates or the rank and file have a voice and/or a vote should the General Executive Council decide to amend and change any part of Article 21?

Upon a merger, Article 21 of the SMART Constitution will include the UTU Constitution as Article 21b, as stated in the merger document. After the merger effective date and before the SMART Convention in 2011 the included UTU Constitution (as stated in Article I of the merger document) cannot be changed by the SMART Executive Council. After 2011, the SMART Executive Council, which would

include the Transportation Division vice presidents, would only have authority to amend Article 21 if such authority remains within the SMART Constitution.

Q-45 – What will be the future of the present designated legal counsel and its representation? Who will choose future DLCs?

The designated legal counsel will not change and they will still be appointed by the president of the Transportation Department of SMART.

Q-50 – In the merger agreement there is mention of "Merger Documents." What are these documents and the contents of such. Will these documents be made available and posted on the UTU Web site?

The “merger document” was mailed in the packet to every UTU member.

Taken from UTU Web titled “Frequently Asked Questions- Download Update dated 08-02-07

Q-58 – Under the current SMWIA Constitution, each local will have delegates based upon the number of members in each local. For example, one (1) delegate for every 50 members. Under the UTU Constitution, each local will have only one (1)

delegate. Based upon this conflict between the two constitutions – and since former UTU officers will be elected at the transportation convention – would the current UTU Constitution prevail on the number of delegates to the transportation convention and the current SMWIA Constitution prevail at the SMWIA convention?

Or would the provisions contained in the current SMWIA Constitution apply to both the transportation and SMART conventions?

The number of delegates for the transportation division convention would be as currently stated in the UTU Constitution. The number of delegates for the SMART convention would be as currently defined in the SMWIA Constitution, where each local union is entitled to one (1) delegate for the first one hundred (100) members or less and one (1) delegate for each additional one hundred (100) members, or majority fraction

thereof.

Q-60 – The SMWIA, while a very good organization, seems to be an autocratic body, with too much power concentrated in the hands of the general president. Our UTU is by contrast a very democratic union. Where is the benefit to UTU members in this respect? And could we not have gotten some additional protections?

Taken from UTU Web titled “Frequently Asked Questions- Download Update dated 08-07-07

Q-63 – What effect will provision of current Article 21 of the SMWIA Constitution have on the operation and structure of the UTU?

None, as Article 21(b) (of the existing UTU Constitution) will apply to the former UTU, as amended at the UTU 2007 Convention.

Q-65 – What provisions, if any, of the UTU Constitution conflict with the SMWIA Constitution?

During the negotiations leading up to the proposed merger agreement, we addressed every known conflict, and at the present time, we know of no existing conflicts. The major conflict was the issue of electing our International officers verses appointing them. That issue was resolved in favor of the UTU.

Q-72 – Will one delegate be elected from each UTU (SMART transportation division) Local to attend the transportation division convention in 2011?

Yes.

Q-85 – What procedures will be utilized for expenditures from general

committee and state legislative board funds?

There will be no change.

Q-87 – How long after the effective date will the separate constitutions of SMART and UTU remain in effect?

The UTU Constitution will become Article 21(b) of the SMART

Constitution effective January 1, 2008.

Q-90 – What amendments to various articles of the SMWIA Constitution will be necessary to accomplish the incorporation of the UTU into SMART?

None are known.

Q-91 – Article I, Section 5, describes work jurisdiction and scope of the crafts and trades represented by SMWIA. Will a section be drafted to encompass the crafts represented by the transportation division (UTU)?

No. Article 21 (b) of SMART will apply (UTU Constitution).

Q-98 – Will the transportation division continue to employ legal counsel independently of the counsel provided in Article III, Section 5?

Yes.

Q-99 – Are general committees to be considered the equivalent of rail district councils? Will they be re-designated as such?

UTU general committees will continue to function in the same manner and conditions as they do today. There will be no change in the general committees under UTU.

Q-101 – Will the provisions of Article XII, Section 10, apply to local, general committee, and state legislative board officers and employees?

No. The UTU Constitution which, will become Article 21(b), will apply.

(Note:  SMWIA Article 12, Section 10 is titled “Pensions”

Q-102 – Will the provisions of Articles X through XIX replace the comparable articles in the UTU Constitution?

No.

(Note: SMWIA Article 10 is titled “Local Unions”, Article 11-“Local Union or Council Benefit Plan”, Article 12-“Local Union Officers, Business Managers and Business Representatives”, Article 13-”Duties of Local Union Officers, Business Manager, and Business Representatives”, Article 14-“Local Union Executive Board”

Q-103 – Will Article XXX of the SMWIA Constitution supersede Article 92 of the UTU Constitution?

No.

(Note:  SMWIA Article 30 is titled “Strikes”

The Following Can Be Found On Page 3 of Document Titled “Smart News-Special Merger Edition” On UTU Web And Mailed To Membership:

“Craft autonomy remains intact.”

“No local, general committee or state legislative office will be closed as a result of the merger.”

“This merger was 2 1/2 years in the making.”