Boyd Charges I
July 17, 2001
VIA CERTIFIED MAIL, 7000 1670 0000 3319 7806, RRR
Mr. J. A. Huston, Chairperson
UTU Executive Board
8100 Marty, Suite 100
Overland Park, Kansas 66204
Dear Sir & Brother:
I, Lance E. Ruck, as a dues paying member in good standing in UTU Local 1571, bring these charges before the UTU Executive Board against UTU International President B. A. Boyd, an International officer, for failure to perform his duties and fulfill his responsibilities in accordance with his obligation of office as required by the UTU Constitution.
HISTORICAL BACKGROUND
The UTU is currently an active party to a court action styled, Kenneth R. Smoot v. United Transportation Union and CXS Transportation, Inc., wherein the UTU, in concert with CSXT, are actively prosecuting actions against former UTU member K. R. Smoot for alleged violations of the Federal Wiretap Act.
Recently, on or about, April 11, 2001, the United States Sixth Circuit Court of Appeals, in a published opinion, made as Attachment A, found in part for UTU and CSXT, and in part for K. R. Smoot, with part of the case being remanded to the trial court.
The issue/s on remand concern what amount of punitive damages, if any, K. R. Smoot owes to UTU and CSXT concerning an alleged willful disclosure of the contents of the styled
AExecutive Session of Public Law Board 3882, Case 155", which provided clear probative evidence, of improper, if not illegal conduct on the part of former UTU Vice-President R. W. Earley, said evidence being clearly a matter of Apublic concern@.The trial court had originally found punitive damages against K. R. Smoot, concerning the distribution of
Awhat appeared to be@ a copy of the transcript of the reference styled AExecutive Session@, during the region meeting held in Atlanta, Georgia in the summer of 1997. (Pertinent part ofTrial Transcript made as Attachment B)The UTU has employed the services of the Washington, D. C. law firm of Guerrieri, Edmond & Clayman, P. C., to represent their interests in the remanded issue of punitive damages, currently scheduled for hearing on August 30, 2001, in the Court for the Northern District of Ohio at Youngstown.
INVOLVEMENT AND ACTIONS OF INTERNATIONAL PRESIDENT BOYD
The issues are straightforward, and present a dual pronged substantiated clear affirmation of the truly skewed and specious position and actions of UTU International President Boyd in this matter.
First, addresses the factual position of the UTU in the above referenced legal action. At the time of the
Aalleged disclosure@ on the part of K. R. Smoot at the Atlanta Region Meeting, Brother Boyd was the person to whom the disclosure was purportedly made.The legal evidence, though not brought before the trial court, exists and shall be presented to the Executive Board that Brother Boyd clearly admits that: 1. The document which was disseminated at the Atlanta Region Meeting was a copy of the El Paso Express Atlanta Edition, and 2. That at no time was a copy of the transcript of the styled
AExecutive Session@ distributed or disclosed by K. R. Smoot at the Atlanta Region Meeting.As such, Brother Boyd is fully aware that the basis of any punitive damages against K. R. Smoot are baseless, however, he as International President has authorized the necessary expenditures of the member
=s monies to perpetuate this unwarranted and malicious prosecution of K. R. Smoot.Second, concerns the probability of reasonable success in the Court for the Northern District of Ohio on remand relative to the issue of
Apunitive damages@.K. R. Smoot is in bankruptcy, and as a result of the continuing actions of UTU, in concert with CSXT, has lost everything, including his FELA settlement, in exchange for his seniority, for an on-duty injury on CSXT, after seventeen years of service and membership in the UTU. Home, family, standing in the community, are but a few of the other substantive losses he has suffered.
Thus, even in the event that UTU is successful is sustaining the issue of the
Apunitive damages@, simply stated, K. R. Smoot lacks the financial ability to ever meet the obligations of any judgement which may issue.It is axiomatic that Brother Boyd has authorized the expenditures on the part of the UTU to hire outside counsel to forward this prosecution of K. R. Smoot, with no expectation of success, other than to further humilate and degrade the posture of K. R. Smoot.
In a nutshell, Brother Boyd is fully aware that the basis of the
Apunitive damages@ is false and misleading, since his testimony is required to sustain the position of UTU, and under oath, and in the face of the clear and undisputable probative evidence it is questionable that he would perjure himself. On the flip side, even if the UTU did prevail, it would merely represent a continued financial loss to the UTU membership. If past practice is any indication, Mr. Edmonds will bring two other counsel with him and the one day trial will result in approximately $5,000 to $10,000 dollars in expenses alone, without any consideration for oral arguments, further briefs, research, etc. Total addtional charges are anticipated to be $15,000 to $30,000 not counting what has already been spent for UTU=s APre-hearing Brief@ dated June 12, 2001 (estimated at $5,000 to $10,000). All figures remain estimates because UTU has consistently refused this writer=s requests for information on the legal bills of Guerrieri, Edmond & Clayman, P.C. as noted in Attachments C and D herein attached.CHARGES AGAINST UTU INTERNATIONAL PRESIDENT BOYD
CHARGE ONE: For a violation of Article 16, of the UTU Constitution, lines 1-3, in pertinent part, stating:
A
The International President shall be the executive head of the United Transportation Union, exercise general supervision over its affairs and interests including all subordinate bodies . . .@For the actions and conduct of International President Boyd, in:
1. Knowingly and willfully, allowing UTU to pursue this litigation when he is fully aware that the factual basis, to which he was party, was false and misleading.
2. Knowingly and willfully, allowing UTU to expend the resources in this litigation, with no hope of financial benefit, or precedent which would benefit the UTU membership or the public.
CHARGE TWO: For a violation of Article 17, of the UTU Constitution, lines 1-3, in pertinent part, stating:
A
The Assistant President shall assist the International President in the performance of his/her duties and in the formulation of all policies and programs of the United Transportation Union.@For the actions and conduct of Brother Boyd, during his tenure as Assistant President, in:
1. Knowingly and willfully, allowing UTU International President Little, to pursue the litigation against K. R. Smoot, when Brother Boyd was fully aware that the testimony of then UTU Vice-President R. W. Earley was false and misleading in a court of law.
2. Knowingly and willfully, failing to come forward when these matters were brought to his attention, to advise UTU International President Little of the false and misleading testimony which had been given by then UTU Vice-President R. W. Earley in a court of law, which dealt with the conduct of Brother Boyd.
CHARGE THREE: For a violation of Article 22, of the UTU Constitution, lines 9-11, in pertinent part, stating:
A
The Board shall see that the International officers discharge their financial duties faithfully and efficiently. . . AFor the actions and conduct of Brother Boyd, in his official capacity as International President, i.e. Chairperson of the Board of Trustees, in:
1. Knowingly and willfully, allowing the UTU to continue to financially support this litigation against K. R. Smoot, when Brother Boyd is fully aware that the position of the UTU is based on false and misleading testimony.
2. Knowingly and willfully, allowing the UTU to continue to financially support this litigation when there is no hope of ever receiving the benefits of a judgement, if, UTU is successful.
CHARGE FOUR: For a violation of Article 23, of the UTU Constitution, lines 1-3, in pertinent part, stating:
A
The Board of Directors shall meet the first Tuesday in the months of April and October, and on call of the International President to consider all matters coming before it.@For the conduct and actions of UTU International President Boyd, in:
1. Knowingly and willfully, failing to advise the UTU Board of Directors, of the false and misleading testimony which serves as the basis of the continued litigation against K. R. Smoot.
2. Knowingly and willfully, failing to advise the UTU Board of Directors, of the accepted non-return of investment of continued financial commitment on the part of UTU in this litigation against K. R. Smoot.
CHARGE FIVE: For a violation of Article 41, of the UTU Constitution, lines 34-36 and lines 38-40, in pertinent part, stating:
A
. . . to comply with the rules and regulations for the government of the United States; . . .to faithfully perform all the duties assigned to me to the best of my ability and skill; to so conduct myself at all times as not to bring reproach upon my union . . .@For the conduct and actions of International President Boyd, in
1. Knowingly and willfully, allowing the prosecution of K. R. Smoot to proceed, based on false and misleading testimony, which could be found to be violative of Federal Law.
2. Knowingly and willfully, allowing the prosecution of K. R. Smoot, to proceed, when he was fully aware it did not serve the benefit of the membership or the public, and also served to the financial detriment of the UTU.
CHARGE FIVE: For a violation of Article 58, of the UTU Consitution, lines 16-27, i.e. obligation of office, in pertinent part, stating:
A
Do you hereby pledge on your honor to perform the duties of your respective offices as required by the Constitution of the United Transportation Union; to bear true and faithful allegiance to the United Transportation Union and with complete good faith to support, advance and carry out all official policies of the United Transportation Union; to deliver to your successor all books, papers, and other property of the United Transportation that may be in your possession at the end of your term of office; and at all times conduct yourself as becomes a member of the United Transportation Union.@For the conduct and actions of International President Boyd, in:
1. Knowingly and willfully, allowing the prosecution of K. R. Smoot to proceed, when it is fully within the powers of the International President and formerly Assistant President, to bring a halt to matters which you knew were based on false and misleading testimony given in a court of law.
2. Knowingly and willfully, allowing the continued prosecution of K. R. Smoot to proceed, when it constitutes financial irresponsibility, when there is no hope of financial recovery for the United Transportation Union.
Consistent with the provisions of 29 USC
' 411 (a) (5), these charges, with attachments are specific, and the rights of the membership can only be preserved if International President Boyd is afforded a Afull and fair hearing@, consistent with the provisions of Article 25 of the UTU Constitution.Respectfully submitted,
Lance E. Ruck
Member UTU Local 1571
cc: Mr. Byron Boyd, Certified Mail, 7000 1670 0000 3319 7790, RRR
ATTACHMENTS