Ruck's Second Affidavit

AFFIDAVIT

1. My name is Lance E. Ruck and I am employed by the Burlington Northern Santa Fe Railway Company as a switchman in El Paso, Texas. I am over 21 years of age and have never been declared legally incompetent. I was involved in a Board of Directors case in Cleveland, Ohio on April 6, 1998 in which I asked UTU Assistant President Byron A. Boyd, in the presence of Sammy Ray Spears, while in the hall waiting for the next case, if Ken Smoot ever gave him a copy of the Executive Session Transcript at the Atlanta Region meeting. Mr. Boyd replied Ano@ that he had given him a copy of the Atlanta Edition of the El Paso Express. I noted that Robert W. Earley had claimed in court that he had and would he tell the truth if ever asked under oath? He became incensed and I interpreted that to mean that he would tell the truth. I taped the conversation for impeachment purposes only. This court previously received this information in my Affidavit dated August 20, 1998 in connection with this case.

2. Ken Smoot joined me at the Atlanta Regional Meeting and helped me pass out Atlanta Editions of the El Paso Express. At no time did he pass out any copy of the Executive Session Transcript. Indeed, I stated right in the Atlanta Edition that I had 4 or 5 copies on the Executive Session Transcript with me for anyone who wanted it. Only one person requested it and returned it the next day.

3. This was a matter of record in my newsletter entitled the ASpecial One Page Houston Edition -Reno@, dated July/August 1998 which goes out to various members of UTU, including International officers Byron Boyd and Robert W. Earley. Enclosed as Exhibit one of this Affidavit is page one of the Houston-Reno Edition that dealt with this very subject. No one has ever disputed the accuracy of the matters addressed and the information along with the Atlanta Edition have been on my web site since they were written.

4. Early in 2001, Byron Boyd became President of UTU and I felt he had a moral obligation to the membership not to waste more money on outside attorney=s to argue a lie on the remand of punitive damages. As President Boyd has shown no desire to step forward in the matter and his outside attorneys have filed a Pre-hearing brief in the matter, I filed charges over this issue and a copy is enclosed to this Affidavit as Exhibit Two. It is noted President Boyd responded by misrepresenting his authority under Article 16 of the UTU Constitution to advise the Executive Board that they have no jurisdiction. This prompted a second set of charges.

I have read the foregoing statement and swear that it is true and correct.

Lance E. Ruck

SWORN TO AND SUBSCRIBED before me, the undersigned authority, by Lance E. Ruck on this the 26th   day of August,2001, in the city of El Paso, County of El Paso, Texas.

My commission expires on .

Notary Public, State of Texas