SMART Union
Canadian Pacific Railway says it has ended talks with U.S. counterpart CSX about a possible combination and plans no more discussions.
The railway operator did not say why it ended talks, but it did note in a brief statement that regulatory concerns appear to be a major deterrent for railroads considering combinations.
Read the complete story at the Associated Press.
By SMART General President Joe Nigro –
We are one! Not only as a result of our recent merger, but also by the pledge we make to one another as union brothers and sisters.
The strength of organized labor lies in the hearts and minds of every union member who understands the meaning of allegiance.
President Obama used that term so effectively to set the theme of his second inaugural address: “What makes us exceptional – what makes us American – is our allegiance to an idea articulated in a declaration made more than two centuries ago: ‘We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.’”
His call for collective action – action to address new challenges with new responses that still remain faithful to those founding principles – is no different from the pledge we made when we joined the SMWIA or the UTU.
We pledged our allegiance then, and we must reaffirm that commitment every day, to collectively make our merged union stronger and smarter.
When realizing a merger such as ours, we cannot always avoid spending time on issues like autonomy, titles, responsibilities and other minor details. Still, we have made real progress together to build SMART’s membership in bus operations, to reduce costs, and to keep our members informed about our finances and policies.
I can assure the UTU membership that the autonomy of the general committees of adjustment and the state legislative boards is not an issue that will derail our collective progress.
Now, we must work together – all of us, members and leaders – to ensure our representation is what it should be.
What does representation involve? What purpose does it serve? What does it mean to one who represents and to one who is represented?
Representation is what unions offer workers. It’s a big choice, in some cases, to put your job on the line to join a union. Once in the union, we as members want to be sure that we get what we pay for – that we’re not just a source of dues.
Strong representation is essential in such a diverse organization as SMART. Those who represent SMART members can do so only when they know, and listen to, the members they represent, when they understand members’ problems and challenges.
Our members are on the front lines with their employers and know first-hand whether the employers are living up to their labor agreements. Our members have to know that their union representatives want them to be recognized for the work they do every day, to be involved in the work of the union, and to be fully informed on any condition of employment that affects them or their family.
Our diversity in solidarity is our strength. As we reaffirm our allegiance to each other and to our union ideals, we can and will reach new heights. Together, we will use this year to brand SMART as the union of choice in sheet metal, air, rail, and transportation work.
This year we celebrate the 125th anniversary of this great union, born in Toledo, Ohio, on Jan. 25, 1888. The story of our past and its effect on our present and our future will unfold throughout the year through the commemorative theme: SMART Expertise Since 1888.
Please visit www.SMART125.com to learn more about the commemoration.
Click here for a joint letter from UTU International President Mike Futhey and Sheet Metal Workers’ International Association General President Joe Nigro on the merger between our two organizations to become the Sheet Metal, Air, Rail & Transportation Workers (SMART).
By UTU International President Mike Futhey
“Stay calm and carry on” has always been the best advice during challenging times. It is appropriate advice for UTU members and employees as we move forward following the October 10 merger arbitration award.
That arbitration ruling makes the merger look very similar to the merger we were initially promised — the merger the UTU membership and I voted for in 2007.
The arbitrator recognized that maintaining the historical governance of the UTU was important by ruling that the UTU’s cherished craft autonomy, along with general committee autonomy, be preserved post-merger; and that changes to the UTU Constitution not be unilaterally made by the SMWIA executive council.
As required by the arbitration decision, I met with new SMWIA General President Joe Nigro, who took office July 1. The meeting was productive and positive.
At a meeting in early November of all incoming UTU International officers — a meeting traditionally held between a quadrennial convention and those officers being seated — we discussed the events of the past four years.
We agreed unanimously that UTU members’ interests have been vigorously defended, and it is now time to move forward — discussing with the SMWIA the rights and traditions of both organizations, and to collaborate constructively in finding the most efficient and equitable means of resolving any further outstanding differences, including pending litigation.
I know that I speak for Joe Nigro, as well, when I say that the leadership of both the UTU and the SMWIA has, as our highest priority, the delivery to our members of the wages, benefits and working conditions they expect and deserve. We also share a commitment to our loyal employees, who serve our members on a daily basis.
In the meantime, I assure you that our United Transportation Union and our United Transportation Union Insurance Association are each financially strong and are continuing to grow stronger notwithstanding this deep and lengthy recession.
As we put substantial merger-related litigation expenses behind us, and continue managing our other costs wisely, the UTU’s monthly surplus will continue to grow and allow for improved member representation.
The UTU and its predecessor unions have persevered and prospered for nearly a century and a half by being resolute in representing our members and flexible in the face of changing demands and events. It is a formula that has served our members well and will continue to serve us well.
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.
Arbitrator Michael H. Gottesman will hear presentations by the UTU and the Sheet Metal Workers International Association during five days of arbitration in June to determine whether the merger agreement between the UTU and the SMIWA is an enforceable agreement.
Gottesman, a law professor at Georgetown University in Washington, D.C., was named to arbitrate the dispute by AFL-CIO President Rich Trumka following a March 4 ruling of Federal District Court Judge John Bates.
The choice of Gottesman was jointly approved by UTU International President Mike Futhey and SMWIA National President Mike Sullivan.
Judge Bates, in his March 4 ruling, 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.
Gottesman will hear evidence from each organization June 7-9 and June 14-15. There is no deadline on his issuing a ruling.
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.
WASHINGTON — Late Friday, March 4, U.S. District Court Judge John Bates issued several rulings regarding the pending cases regarding the UTU and the Sheet Metal Workers International Association — SMWIA v. UTU and Murphy et al. v. SMWIA.
Initially, Judge Bates granted the motion to consolidate the cases before him.
He also ruled that the claims regarding whether the merger ever took place, as well as other merger related claims, should go before an arbitrator to decide, and that he could make no ruling on those issues.
With regard to the Labor Management Reporting and Disclosure Act (LMRDA) Title I and Title V claims concerning the validity of the merger, Judge Bates found that those were not within the arbitrator’s jurisdiction and would remain with him.
However, he ruled that he will hold those claims in abeyance pending the outcome of the arbitration.
Judge Bates also granted the individual UTU members’ motion to intervene with regard to the LMRDA claims.
As matters develop, further information will be posted at www.utu.org.
LONGVIEW, Wash. — UTU-represented train and engine employees of Columbia & Cowlitz Railroad here have a new employer in Patriot Rail Corp. after Patriot completed purchase of the shortline from paper manufacturer and forest products supplier Weyerhaeuser.
Also included in the sale is Weyerhaeuser Woods Railroad (a non-UTU property) that connects with Columbia & Cowlitz. The two are slated to be consolidated into one shortline by Patriot, a shortline holding company whose properties include UTU-represented Louisiana & North West Railroad.
UTU Assistant President Arty Martin has met four times in recent months with the UTU train and engine employees on Columbia & Cowlitz, and has assigned International Vice President Paul Tibbit to work in conjunction with General Chairperson Sean Kibbee to monitor the transfer of ownership, which includes protection of seniority and work assignments.
“As the nation’s largest rail union, the UTU has a long history of successful experience in processing grievances governed by the Railway Labor Act, and the UTU will work diligently on behalf of our Columbia & Cowlitz members to ensure a smooth and properly protected transition,” Martin said.
The National Railway Labor Conference (NRLC), in an April 1 letter to the Sheet Metal Workers International Association and its General President Mike Sullivan, has recognized the requirements of status quo under the Railway Labor Act and said all carriers will continue remitting UTU member dues to the UTU.
“The deduction and remittance of dues are governed by the requirements of Section 2, Eleventh of the Railway Labor Act [which] requires railroads to deduct and remit dues in accordance with union security provisions contained in collective bargaining agreements and written authorizations from individual employees authorizing the deduction of dues from their pay,” said the NRLC.
In addition, said the NRLC, the carriers recognize that there is additional merger-related litigation pending in the U.S. District Court for the District of Columbia.