The UTU Executive Board has completed their hearing of the charges against John Babler, Victor Baffoni, JR Cumby and Tony Iannone. The Board found them guilty of charges and has removed them from office.
CLICK HERE to read the Board's decision
The transcript of the hearing is over 1000 pages plus it includes a Post-Hearing Brief filed by Attorney Goldstein.
The transcript is divided into sections. You will find them below.
Here is a simple index to the transcript. You can use it to select the correct file below the index.
| Person | Subject | Pages |
| John England | Opening Statement & Direct Examination | 75 – 107 |
| John England | Cross Examination | 126 – 171 |
| AL Suozzo | Direct & Cross Examination | 177 – 183 |
| | Direct & Cross Examination | 183 – 189 |
| Patrick Reilly | Direct & Cross Examination | 190 - 199 |
| Randy Knutson | Direct & Cross Examination | 199 – 206 |
| Robert Keeley | Direct & Cross Examination | 206 – 213 |
| Charles Knowlin | Direct & Cross Examination | 214 – 218 |
| James Williams | Direct & Cross Examination | 222 – 225 |
| Ralph Vasquez | Direct & Cross Examination | 226 – 230 |
| Jim Nelson | Letter read into record | 231 – 235 |
| Joyce Goldstein | Opening Statement | 247 – 260 |
| John Babler | Direct Examination | 261 – 297 |
| John Babler | Cross Examination | 298 – 345 |
| Mike Sullivan | Direct Examination by Telephone | 348 – 383 |
| Mike Sullivan | Cross Examination by Telephone | 383 – 429 |
| John Fink | Direct Examination | 430 – 456 |
| John Fink | Cross Examination | 457 – 464 |
| John Babler | Resume Cross Examination | 470 – 516 |
| Victor Baffoni | Direct Examination | 523 – 554 |
| Victor Baffoni | Cross Examination | 554 – 576 |
| Malcom Futhey | Direct Examination | 577 – 653 |
| Malcom Futhey | Cross Examination | 694 – 812 |
| Victor Baffoni | Resume Cross Examination | 813 – 855 |
| Tony Iannone | Direct Examination | 856 -902 |
| Tony Iannone | Cross Examination | 911 – 991 |
| John Babler | Re-Examination | 992 - 1021 |
| John England | Closing Argument | 1043 - 1058 |
| James Cumby | Declaration |
|
| Joyce Goldstein | Charged Parties Post-Hearing Brief |
|
Charged Parties' Post-Hearing Brief
Editors Note: Posted below are the charges that were filed with the Executive Board. To be brief we have posted a copy of Brunkenhoefer charges and a copy of the charges served on the Six UTU Vice Presidents. Brokenrails charges are different because his duties are different then the Six Vice Presidents being charged. The Six Vice Presidents charges all read the same because they all have similar duties. To review the Response by the Seven Confederate Officers to the Charges against them Please Click Here.
The Executive Board Trial of the Dwarfs will begin
on February 3, 2009.
CERTIFIED MAIL #
Mr. James A. Huston, Chairperson
UTU Executive Board
E-mail: utu009@sbcglobal.net
Office (816) 822-7453
Facsimile: (816) 822-7250
Re: Charges – International Officer James Brunkenhoefer, National Legislative Director for his failure to comply with articles 7 (c),16, 21, 23, 28, 41, 45, 91 of the United Transportation Union Constitution with regard to his actions relative to the UTU/Sheet Metal Workers International Association proposed merger into SMART.
This officer’s continued attempts to force a legally flawed and procedurally defective merger upon UTU Members in concert with the hierarchy of a competing union (SMWIA) constitutes violations of his oath of office to the UTU, his fiduciary responsibility as an elected officer of UTU and member of its Board of Directors. . It is the undersigned’s contention that the below listed articles have been violated in the manner described and are cause for this officer to be charged, tried, removed from his office and expelled from membership by the UTU Executive Board.
Charges-
Article 7(c): This officer has acted as an agent for the Sheet Metal Workers International Association to force the current President of the UTU to implement an improperly presented UTU/SMWIA merger proposal that has never been duly ratified by the UTU membership. This officer has taken legal steps to obstruct the President of the UTU from protecting the rights of the general membership of UTU and has made every attempt to prevent President Futhey from meeting his own fiduciary responsibility to the UTU and its membership.
Article 16: This officer has violated the intent, authority and obligations rendered to the International President of the UTU by trying to supplant his authority as described in this article. By dealing with the General President of SMWIA without the authority conferred by this article, he has usurped the explicit authority of the International President. When dealing in such a manner he has conspired to present himself as a representative of UTU with the specific authority to act as the executive head of the union.
Article 21: The specific duties of the National Legislative Director are outlined in this article of the UTU Constitution. He is required to keep the International President advised of all his activities in the capacity as National Legislative Director and in that position is to act in the best interests of the membership of the UTU. This officer’s actions in the UTU/SMWIA have been established as being contrary to the UTU members’ interests as set forth in the May 17, 2007 Merger Agreement and Title I of the Labor-Management Reporting and Disclosure Act.
Article 23: As a member of the UTU Board of Directors he had an obligation to act on behalf of the UTU members who elected him. Instead this officer has acted on behalf of his own interests, i.e., financial, personal and professional by allying himself with the
Sheet Metal Workers International Association’s leadership while being elected and paid to protect the UTU members. He has conspired with other UTU officers to turn the UTU over to another labor organization that has collaborated to withhold vital information regarding the merger from the UTU members.
Article 28: As an elected officer he is bound by the requirements of Article 28 of the UTU Constitution not to resort to civil courts to correct or redress any alleged grievance or wrong prior to seeking and exhausting all remedies by appeal provided in this constitution for settlement and disposition of any such rights, grievances or wrongs. On two occasions he has conspired with other UTU officers and another union to bring such matters before civil courts. He has acted as an agent on behalf of the Sheet Metal Workers International Association to force implementation of the flawed merger proposal and used SMWIA monetary support to accomplish this. To that end, he and other UTU officers sought and received financial support from the SMWIA. Brother James Brunkenhoefer’s actions in obtaining financial assistance from the Sheet Metal Workers International Association to allow him to intervene as a co-defendant has caused increased costs to the UTU membership and has prevented a reasonable, legal and proper resolution to the suit brought in Michael et al vs. Thompson suit. By failing to allow the resolution of the court case as prescribed in the settlement offer between the Plaintiffs and the UTU, he is causing irreparable harm and increased costs to the membership while failing to meet his fiduciary responsibility to the United Transportation Union.
Article 41: This officer has knowingly violated his oath of office by failing to meet his obligations under the UTU Constitution when he acted against the best interests of the UTU members relative to the SMWIA merger proposal and he also failed to keep private the events and proceedings of the UTU from outsiders. This was done when he and certain other UTU officers sought financial and legal assistance to litigate against the best interests of the UTU members in the federal courts in
Article 45: As officers and members they are to act in accordance with and faithfully observe the provisions of the UTU Constitution. They are to keep our proceedings private from outsiders and to conduct themselves as not to bring reproach upon the United Transportation Union. By making themselves subservient to the SMWIA they are guilty of dual unionism and have acted as agents for outsiders in an attempt to turn the UTU membership over to another labor organization.
Article 91: This officer has attempted to force the results of an improperly conducted 2007 merger referendum vote upon the UTU membership. He has consistently tried to impose the flawed process on the membership without the benefit of an informed and properly ratified merger proposal. He has also tried to have the courts impose these conditions on the UTU members while being assisted by the Sheet Metal Workers International Association. This officer has also refused to allow the membership to obtain a finished SMART constitution by using legal means to prevent one from being finished and distributed prior to a meaningful referendum vote on the SMART merger proposal. He has blatantly ignored the overwhelming support expressed by more than a hundred UTU officers for that approach that would settle the Michael v. UTU litigation and stem the needless expenditure of members’ dues money on legal fees, as well as honor and afford the UTU members their lawful right to determine the future course of their union via a truly democratic process.
Title V of the LMRDA: By putting his own self-interest ahead of the interests of the UTU and its membership, and by seeking deliberately to undermine and withhold from the UTU members the rights they are guaranteed by Title I of that statute, and by causing UTU funds to be needlessly spent in order to promote these unlawful objectives, he has violated the fiduciary duty imposed on him by 29 U.S.C. Sec. 501.
Conclusion:
It is the undersigned member’s contention that sufficient cause has been found for a trial by the UTU Executive Board. The charged officer has failed in his duty to act in the best interests of the UTU and has been at the center of an attempt to act as agents of another union organization. It is concluded that a situation of dual unionism has been established and also a failure to meet the fiduciary obligations of an officer and member of the UTU Board of Directors. The dues paying members are still bearing the costs of the litigation that this officer has initiated that deny the memberships best interests and rights.
It is our request that the UTU Executive Board takes immediate jurisdiction of this matter and returns a positive vote that a trial board is necessary to review this officer’s action. At the end of the trial it is requested that such actions be directed against this officer that would remove him from office immediately and expel him from membership in the United Transportation Union. In addition, the Board should recommend that the UTU initiate legal proceedings against this officer pursuant to Title V of the LMRDA to recover costs needlessly incurred as a consequence of this officer’s wrongful conduct in violation of his statutory fiduciary duty.
Based on the foregoing submission it is the undersigned request that National Legislative Director James Brunkenhoefer respond to the above charges in writing within the (10) days prescribed in Article 25, lines 13-17 of the UTU Constitution.
This is respectfully submitted for your consideration and action at this time.
Fraternally yours,
........................................................................................................................
Editors Note: Posted below are the charges filed with the UTU Executive Board against the Six Vice Presidents who are: James R. Cumby, John W. Babler, Roy Boling, Victor Baffoni, John D. Fitzgerald, and C. A. Iannone. For brevity, we have provided only a copy of the charges that were served against John W. Babler. All charges for all the vice-presidents are the same. To review their Response to the Charges Filed please Click Here.
CERTIFIED MAIL #
March 3, 2008
Mr. James A. Huston, Chairperson
UTU Executive Board
E-mail: utu009@sbcglobal.net
Office (816) 822-7453
Facsimile: (816) 822-7250
Re: Charges – International Officer John W. Babler, International Vice President for his failure to comply with articles 7 (c),16, 18, 23, 28, 41, 45, 91 of the United Transportation Union Constitution with regard to his actions relative to the UTU/Sheet Metal Workers International Association proposed merger into SMART.
This officer’s continued attempts to force a legally flawed and procedurally defective merger upon UTU Members in concert with the hierarchy of a competing union (SMWIA) constitutes violations of his oath of office to the UTU, his fiduciary responsibility as an elected officer of UTU and member of its Board of Directors. . It is the undersigned’s contention that the below listed articles have been violated in the manner described and are cause for this officer to be charged, tried, removed from his office and expelled from membership by the UTU Executive Board.
Charges-
Article 7(c): This officer has acted as an agent for the Sheet Metal Workers International Association to force the current President of the UTU to implement an improperly presented UTU/SMWIA merger proposal that has never been duly ratified by the UTU membership. This officer has taken legal steps to obstruct the President of the UTU from protecting the rights of the general membership of UTU and has made every attempt to prevent President Futhey from meeting his own fiduciary responsibility to the UTU and its membership.
Article 16: This officer has violated the intent, authority and obligations rendered to the International President of the UTU by trying to supplant his authority as described in this article. By dealing with the General President of SMWIA without the authority conferred by this article, he has usurped the explicit authority of the International President. When dealing in such a manner he has conspired to present himself as a representative of UTU with the specific authority to act as the executive head of the union.
Article 18: The specific duties of the International Vice President are outlined in this article of the UTU Constitution. He is required to keep the International President advised of all his activities in the capacity as International Vice President and in that position is to act in the best interests of the membership of the UTU. This officer’s actions in the UTU/SMWIA have been established as being contrary to the UTU members’ interests as set forth in the May 17, 2007 Merger Agreement and Title I of the Labor-Management Reporting and Disclosure Act.
Article 23: As a member of the UTU Board of Directors he had an obligation to act on behalf of the UTU members who elected him. Instead this officer has acted on behalf of his own interests, i.e., financial, personal and professional by allying himself with the
Sheet Metal Workers International Association’s leadership while being elected and paid to protect the UTU members. He has conspired with other UTU officers to turn the UTU over to another labor organization that has collaborated to withhold vital information regarding the merger from the UTU members.
Article 28: As an elected officer he is bound by the requirements of Article 28 of the UTU Constitution not to resort to civil courts to correct or redress any alleged grievance or wrong prior to seeking and exhausting all remedies by appeal provided in this constitution for settlement and disposition of any such rights, grievances or wrongs. On two occasions he has conspired with other UTU officers and another union to bring such matters before civil courts. He has acted as an agent on behalf of the Sheet Metal Workers International Association to force implementation of the flawed merger proposal and used SMWIA monetary support to accomplish this. To that end, he and other UTU officers sought and received financial support from the SMWIA. Brother John W. Babler’s actions in obtaining financial assistance from the Sheet Metal Workers International Association to allow him to intervene as a co-defendant has caused increased costs to the UTU membership and has prevented a reasonable, legal and proper resolution to the suit brought in Michael et al vs. Thompson suit. By failing to allow the resolution of the court case as prescribed in the settlement offer between the Plaintiffs and the UTU, he is causing irreparable harm and increased costs to the membership while failing to meet his fiduciary responsibility to the United Transportation Union.
Article 41: This officer has knowingly violated his oath of office by failing to meet his obligations under the UTU Constitution when he acted against the best interests of the UTU members relative to the SMWIA merger proposal and he also failed to keep private the events and proceedings of the UTU from outsiders. This was done when he and certain other UTU officers sought financial and legal assistance to litigate against the best interests of the UTU members in the federal courts in
Article 45: As officers and members they are to act in accordance with and faithfully observe the provisions of the UTU Constitution. They are to keep our proceedings private from outsiders and to conduct themselves as not to bring reproach upon the United Transportation Union. By making themselves subservient to the SMWIA they are guilty of dual unionism and have acted as agents for outsiders in an attempt to turn the UTU membership over to another labor organization.
Article 91: This officer has attempted to force the results of an improperly conducted 2007 merger referendum vote upon the UTU membership. He has consistently tried to impose the flawed process on the membership without the benefit of an informed and properly ratified merger proposal. He has also tried to have the courts impose these conditions on the UTU members while being assisted by the Sheet Metal Workers International Association. This officer has also refused to allow the membership to obtain a finished SMART constitution by using legal means to prevent one from being finished and distributed prior to a meaningful referendum vote on the SMART merger proposal. He has blatantly ignored the overwhelming support expressed by more than a hundred UTU officers for that approach that would settle the Michael v. UTU litigation and stem the needless expenditure of members’ dues money on legal fees, as well as honor and afford the UTU members their lawful right to determine the future course of their union via a truly democratic process.
Title V of the LMRDA: By putting his own self-interest ahead of the interests of the UTU and its membership, and by seeking deliberately to undermine and withhold from the UTU members the rights they are guaranteed by Title I of that statute, and by causing UTU funds to be needlessly spent in order to promote these unlawful objectives, he has violated the fiduciary duty imposed on him by 29 U.S.C. Sec. 501.
Conclusion:
It is the undersigned member’s contention that sufficient cause has been found for a trial by the UTU Executive Board. The charged officer has failed in his duty to act in the best interests of the UTU and has been at the center of an attempt to act as agents of another union organization. It is concluded that a situation of dual unionism has been established and also a failure to meet the fiduciary obligations of an officer and member of the UTU Board of Directors. The dues paying members are still bearing the costs of the litigation that this officer has initiated that deny the memberships best interests and rights.
It is our request that the UTU Executive Board takes immediate jurisdiction of this matter and returns a positive vote that a trial board is necessary to review this officer’s action. At the end of the trial it is requested that such actions be directed against this officer that would remove him from office immediately and expel him from membership in the United Transportation Union. In addition, the Board should recommend that the UTU initiate legal proceedings against this officer pursuant to Title V of the LMRDA to recover costs needlessly incurred as a consequence of this officer’s wrongful conduct in violation of his statutory fiduciary duty.
Based on the foregoing submission it is the undersigned request that Vice President John W. Babler respond to the above charges in writing within the (10) days prescribed in Article 25, lines 13-17 of the UTU Constitution.
This is respectfully submitted for your consideration and action at this time.
Fraternally yours,
