Boyd Charges II

The response to referenced charges, over signature of UTU International President Byron A. Boyd, was received Avia fax@, on August 13, 2001, is made as an attachment for purposes of probative evidence.

In the response, referenced above, Brother Boyd, or those preparing his response, have willfully attempted to circumvent his responsibility in my original charges by knowingly utilizing a false, misleading, skewed, and improper application of his duties as set forth under Article 16 of the UTU Constitution. The truly egregious nature of his conduct is clearly evident to any reasonable man when his written averments, i.e. A . . . and since Article 16 of the Constitution provides that the International President shall interpret all laws of the organization, decide all questions arising therefrom, and decide all other controversies subject to appeal to the Board of Directors . . .@, stand in stark contrast to not only the clear and unambiguous language of the UTU Constitution, but also the intent of same, and Federal Law. Specifically, Article 16, lines 8 to 10, states, AThe International President shall interpret all laws of the organization, decide all questions arising therefrom, and decide all other controversies not provided for under existing laws of the organization.@ ( Emphasis )

Article 25 of the UTU Constitution, is very clear, at lines 1 through 5, stating, ACharges may be preferred against International officers for failure to perform their duties and fulfill their responsibilities in accordance with their obligation of office as required by this Constitution. Any officer against whom charges have been preferred shall receive a fair and impartial trial.@ This language, A. . . under existing laws of the organization@, is totally consistent with the Federal requirements for a Union Constitution. Specifically, at 29 USC ' 431 (5) (H), stating, Adiscipline or removal of officers or agents for breaches of their trust@, and continuing at 29 USC ' 431 (5) (I), stating, Aimposition of fines, suspensions, and expulsions of members, including the grounds for such action and any provision made for notice, hearing, judgement on the evidence, and appeal procedures.@

Such Federal mandate, fully clarifies and enforces the section of law found at 29 USC ' 411 (a) (5) stating, ANo member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.@

Thus, it is the position of the charging party, that International President Boyd, by his written averments, has willfully and knowingly attempted to Apoison the water@ with respect not only to his authority under the UTU Constitution, but also to interject himself into the affairs of an autonomous board of the United Transportation Union duly elected and empowered by the delegates, to make the UTU Constitution consistent with Federal Law.

ADo 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.@

AWhen charges are preferred, said charges come under the purview of the Executive Board to determine the Board=s jurisdiction.@

1. Providing, via a written averment, signed over the authority of his office, a false, and misleading statement, in an attempt to utilize the power of his office to remove the Constitutional authority of the UTU Executive Board A. . . to determine the Board=s jurisdiction.@

AIf any portion of this Constitution is found to be in violation of a Federal, State, or Provincial law, such law shall supersede that portion of this Constitution, but only to the extent and within the limits of the law, and provided that any change shall not affect the validity of the remaining portions of this Constitution.@

AProposed amendments to the Constitution may be submitted by any subordinate body or an International Officer at any time prior to one hundred and twenty (120) days before the convention begins.@

ATTACHMENT