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By UTU International President Mike Futhey – 
Congratulations go to Art Rayner, the United Transportation Union Insurance Association’s man of the year for 2011.

Art Rayner

Art was recognized for his sales and leadership performance – attributes that helped propel the UTUIA last year to one of its strongest financial performances.

The competition Art faced from our other dedicated and determined field service representatives demonstrated that the UTUIA is financially strong and growing. And the UTUIA will grow even stronger as our merger with the Sheet Metal Workers International Association into SMART eventually allows 150,000 additional trade unionists to join the UTUIA through purchase of insurance and investment products.
For 2011, the UTUIA’s assets grew by $3 million, its annual revenue topped $17 million, and it produced a surplus (net income after costs are deducted) of almost $2 million.
The UTUIA’s investment portfolio is generally conservative, primarily invested in government and corporate bonds and companies with the highest credit ratings, with just 15 percent of assets invested in stocks and real estate.
Our field supervisors have been provided with new technology that better helps them provide insurance advice, while the number of UTUIA insurance products has increased.
The UTUIA is working to determine what changes in its constitution are required to make its products available to our new SMWIA brothers and sisters (the current constitution limits sales to transportation workers). The key to improving further the UTUIA’s financial performance is growing sales volume, and inclusion of non-transportation workers represented by the SMWIA is essential.
As the UTUIA’s financial performance improves from inclusion of SMWIA’s 150,000 members and increased sales, product offerings can be widened.
As it has been for 135 years, the mission of the UTUIA, an insurance company owned by its trade-union members, remains the same. It is to promote the general welfare of its members; disseminate information about life, health and annuity products that provide for the security of its members and their families; provide uncompromising service quickly, efficiently and professionally; and engage in volunteer activities through its local units.
The UTUIA recognizes its obligations to its members and shall constantly strive to live up to the ideals of the fraternal benefit system.
For more information on the UTUIA and its products, including links to UTUIA field service representatives, click on the following link:
www.utuia.org.

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.

An arbitrator has ruled that a merger between the UTU and the Sheet Metal Workers International Association (SMWIA) be implemented and that the presidents of the two unions – or their designees — meet to decide how the implementation is to proceed.

Arbitrator Michael H. Gottesman said the merger agreement to create the Sheet Metal, Air, Rail and Transportation (SMART) Workers Union is an enforceable agreement. Gottesman was named by AFL-CIO President Rich Trumka to decide the question of enforceability after binding arbitration was ordered by Federal District Court Judge John Bates.

Gottesman acknowledged that there is pending before Judge Bates another merger related case – a complaint by several UTU members that Titles I and V of the Labor Management Reporting and Disclosure Act (LMRDA) were violated. When Judge Bates ordered binding arbitration to determine if the UTU-SMWIA merger agreement is enforceable, he said the LMRDA claims were beyond the purview of the arbitrator, and that he would decide those claims following the outcome of the arbitration.

Although the SMWIA asked Gottesman to allow the SMWIA to, in Gottesman’s words, “effectively micromanage the implementation of the merger, complete with timelines and very detailed instructions for the behavior of UTU officials,” Gottesman denied the request.   

Ruled Gottesman: “It is far better that the parties decide how to implement the merger than to have an arbitrator do so.” Accordingly, the award simply directs the presidents of UTU and SMWIA (or their designees) to meet “to discuss any and all issues pertinent to implementation of the merger … and to continue meeting on a regular basis until all such matters have been resolved.”

HOLLYWOOD, Fla. – Mike Futhey was elected to his second four-year term as president of the United Transportation Union Aug. 8 during the UTU’s 11th quadrennial convention here.

Futhey was re-elected by a vote of 453-34 against challenger Scott Cole, delegate from UTU Local 278.

Also re-elected Aug. 8 — by acclamation — were Assistant President Arty Martin, General Secretary & Treasurer Kim Thompson and National Legislative Director James Stem.

Election results for Aug. 9 include:

* Robert Kerley, Dave Wier, John Previsich and Delbert Strunk were all returned by acclamation as International vice presidents.

In other International vice president elections:

* Paul Tibbit defeated John Babler, 371-117.

* John Lesniewski defeated J.R. “Jim” Cumby, 420-68.

* Bonnie Morr defeated Calvin Studivant, 274-213.

Additionally, Alternate National Legislative Director John Risch was re-elected, defeating Jay Seegmiller, 378-105.

Also:

* Calvin Studivant was elected alternate vice president-east, Bus Department, by acclamation.

* Brian Donald was elected alternate vice president- west, Bus Department, with 337 votes, defeating Adhi Reddy (75 votes) and Robert Gonzalez (74 votes).

* Larry Barrilleaux,  R. W. “Red” Dare, John England, Troy Johnson, Doyle Turner and Daniel Young were elected alternate vice presidents, receiving a majority of votes (and more than 50 percent of ballots) among nine candidates for six alternate vice president positions. Defeated were Carl Farnie, Kevin King and Charles Piland.

Also:

* Dale Barnett was elected “Engine Service Member” on the Board of Appeals, defeating Daniel O’Connell, 369-116.

* Donald Seyer was elected, by acclamation, “Road Service (Train Service) Member” on the Board of Appeals.

* Dale Welch was elected, by acclamation, “Yard Service (Train Service) Member” on the Board of Appeals.

* Dirk Sampson was elected, by acclamation, “Commuter Authority Member” on the Board of Appeals.

* Alvy Hughes was elected “Bus Department Member” on the Board of Appeals, defeating Adhi Reddy, 379-106.

Also:

* Steve Dawson, Mike Anderson, Steven Mavity, George Millward and Robert Resendez were elected, by acclamation, to the Executive Board. Phil Craig defeated Harry Garvin, 346-140, in election for alternate to the Executive Board.

Terms of elected officers and alternates begin Jan. 1, 2012.

Per an arbitrator’s ruling in the pending litigation and arbitration of whether the merger agreement between the UTU and the Sheet Metal Workers International Association (SMWIA) is an enforceable agreement, a parallel election is being held for officers of the Sheet Metal, Air, Rail and Transportation (SMART) Workers Union.

Each of those elected Aug. 8-10 to a UTU position was also elected to the same-named position in SMART.

As to the parallel SMART election, Arbitrator Michael Gottesman required that “if SMWIA so requests,” the UTU convention will hold separate elections for officers of UTU and of SMART. SMWIA General President Joe Nigro has so requested. Accordingly, after nominations for each UTU officer position are closed and the election completed, nominations and elections for the corresponding SMART officer positions are being opened.

Arbitrator Gottesman said the required vote on SMART-officer positions should in no way suggest he has reached a decision.

The holding of the convention and procedures for election are provided for in the UTU Constitution. It is available for viewing by clicking on the following link:

https://static.smart-union.org/worksite/PDFs/UTU_Constitution_012710.pdf

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.

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.