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SMART_logo_041712_thumbnailGeorgetown University Law Professor and Arbitrator Michael H. Gottesman has issued a second ruling in the arbitration proceedings between two divisions of the International Association of Sheet Metal, Air, Rail and Transportation Workers as they work to create a single constitution.

Earlier this year, the two divisions entered into arbitration proceedings regarding reconciliation of differences between the two constitutions. The arbitrator issued his findings on Nov. 4, 2013, and the parties have been meeting to incorporate those findings into a final document that would be published along with the award. The consolidation discussions are continuing, but due to a high level of interest, it has been decided to release the award before the conclusion of those talks.

To view Gottesman’s decision, click here.

A decision by an arbitrator to determine whether the merger agreement between the UTU and the Sheet Metal Workers International Association is an enforceable agreement is not expected before September.

The UTU and the SMWIA made presentations before arbitrator Michael H. Gottesman in early and mid-June. Briefs by both sides are to be delivered to Gottesman July 29.

Gottesman was named to arbitrate the dispute by AFL-CIO President Rich Trumka following a March 4 ruling of Federal District Court Judge John Bates.

Judge Bates, in his March 4 ruling, said a separate action by several UTU members challenging the validity of the merger is not within the arbitrator’s jurisdiction and he would delay a ruling on that complaint pending the outcome of the arbitration.

Pursuant to a March 4 ruling of a federal district court judge, an arbitrator has been named to determine whether the merger agreement between the UTU and the Sheet Metal Workers International Association (SMWIA) is an enforceable agreement.

Georgetown University law professor Michael H. Gottesman has been named by AFL-CIO President Rich Trumka as the arbitrator — a choice approved jointly by UTU International President Mike Futhey and SMWIA National President Mike Sullivan.

In his March 4 ruling, Federal Judge John Bates said a separate action brought by several UTU members, challenging the validity of the merger — alleging violations of Titles I and V or the Labor Management Reporting and Disclosure Act — is not within the arbitrator’s jurisdiction and that he would delay a ruling on that complaint pending the outcome of the arbitration.

Arbitrator Gottesman earned an undergraduate degree at the University of Chicago and his law degree from Yale University.

He teaches labor law, constitutional law and civil rights at Georgetown University.

Gottesman held an appointment from President Jimmy Carter to review hundreds of candidates for federal court vacancies, and has published numerous articles for law journals. His latest article, “The Role of Labor in the 21st Century,” will be published later this year by the Columbia University Law Review.

As matters develop, further information will be posted at www.utu.org.