Miami 99
Constitution
While "Sacrosanct Charlie" says the Constitution is sacrosanct, he has violated it and it's intent on a regular basis ever since he took office. Many of the more serious violations have constantly appeared in the pages of this newsletter and I have been to the Board of Directors many times on these critical issues to no avail.
So what is the latest blatant violation of the UTU Constitution? Using the Sac-C cronies to do his dirty work, i.e., make recommendations for changes to the Constitution in violation of Article 13. Herein below is how I have dealt with these latest violation from my perspective as a union officer whose primary concern is for his members. It should be noted that both letters were on UTU letterhead which will not be reflected here.
July 12, 1999
Mr. Roger D. Griffeth
GS&T, United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107Re: Constitutional Changes Article 12.
Dear Sir and Brother:
Enclosed is a copy of my letter to President Little relative to the above referenced matter. As I often don’t receive prompt answers from President Little and pursuant to your duties under the UTU Constitution as GS&T, could you please advise on this matter?
Thanking you in advance for any cooperation you can give in this matter, I remain
Most Fraternally Yours,
Lance E. Ruck
Delegate, UTU Local 1571cc: El Paso Express
July 22, 1999 VIA FAX, Original Via US Mail
Mr. Charles Little
International President
United Transportation Union
14600 Detroit Avenue
Cleveland, OH 44108RE: "REPORT of the COMMITTEE ON CONSTITUTION"
Dear Sir & Brother:
On or about July 12, 1999, I received the above referenced document via US Mail at my home mailing address. Upon review of the document, there are serious concerns related to the validity of certain entries which have been made therein.
Clearly, this document flows from the efforts of the Constitution Committee, and would reflect efforts on their part to provide the delegates with the proposed amendments to the UTU Constitution which will be entertained at the upcoming International Convention in August of 1999.
As such, all proposed amendments that are reflected in this document, could only be those submitted to the Constitution Committee which were compliant with the provisions of the UTU Constitution, see Article 13, lines 1 through 3, inclusive, stating: "Proposed 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."
In reviewing the document, there are a series of proposed amendments to Article 12 of the UTU Constitution, specifically "Proposals No.1, No.2, No.3, No.4, No. 5, No.6, No.7", that were identically worded by sixteen (16) separate sources, i.e. Locals 0202, 0454, 0533, 0693, 0734, 0770, 0830, 0878, 0977, 0982, 1375, 1468, 1629, 1933, 1977 and GO-346 (yardmaster).
I have been in contact with many of the above referenced "sixteen (16) separate sources" and since fifteen of the submittors of the referenced proposed amendments are identified as "Locals", my contacts were limited to either the President or Secretary/Treasurer at each local. This would be the proper contact person, since either of these individuals would properly be categorized as the "keeper" or "custodian" of records for that Local.
It has been made clear that none of the Locals that I have contacted concerning information on the referenced proposed amendments has any knowledge of the origin of the proposed amendments, nor any record to establish that the proposed amendments were authorized by those Locals. Additionally they had not been notified of the proposed amendments, each of which has the direct and proximate effect of increasing the dues structure.
As you are aware, the unambiguous language and historical past practice and application of the referenced section of Article 13 of the UTU Constitution, clearly establishes that a "subordinate body" would not include "individual members".
In reviewing the applicable Federal Labor Statutes pertaining to an increase in the rates of dues, a matter which is universal to the referenced proposed amendments, it is clear that proper notification of a proposed increase must be provided to the "principle office of each local". ( See 29 U.S.C. § 411 (a)(3)).
I am extremely concerned that there may be an attempt on the part of those in positions of authority in this Union to subvert the language and intent of the UTU Constitution with the intent of increasing the rate of the dues with total disregard for Federal Labor Law.
In the instant case, since a "subordinate body" would not include an "individual member", it would appear that certain "individual members", acting alone or in concert with others, have submitted proposed amendments to the UTU Constitution to increase the rate of the dues, without any authority. Most disturbing is that some of the delegates for the locals listed are full or part time "special representatives" that work directly for either you or Assistant President Boyd. It is also worth noting that at least one of the delegates associated with the mentioned Locals, is a Field Supervisor for the UTUIA.
This is a serious breach of trust concerning the rights of the membership, and I would request the following information, immediately:
Clear xerographic copies of the original documents submitted to the Constitution Committee, that would allow the seal of each Local to be visible, limited to the proposed amendments to which reference has been made in this correspondence.
or, in the alternative:
The ability to have myself or a UTU member of my designation, review these original documents at the UTU International headquarters during the week of July 26, 1999.
If it is determined that any of these documents is not compliant with Article 13 of the UTU Constitution, I would request an immediate emergency convening of the UTU Board of Directors to address this issue.
Absent the high level of governmental scrutiny which is ongoing concerning the improper, if not illegal, handling of the UTU’s finances, I would not have seen the need to make this extraordinary request. However, the clear continuing pattern of abuse with respect to member’s moneys, may be felt to only be resolvable by resorting to the same pattern of abuse with respect to increasing the rate of the dues by some in positions of authority in this Union.
Your prompt response, within three (3) days of receipt of this letter, either by phone reply or fax will serve the legal interests of the membership.
Most Fraternally Yours,
Lance E. Ruck
Delegate, UTU Local 1571cc: Mr. Roger Griffeth, General Secretary & Treasurer
And, of course, I would also like to address this issue from the perspective of the CEO of the El Paso Express:
Byron looked so real in the cartoon, too!
Thanks to the member who sent this cartoon - ju know who ju are and ju and jour cartoon look marvelous! Personnaly, I would have changed it a "little". The caption to the right would have read: What!!! Cut Back??? Hell, I am strong and stable BUT I need MORE!!! Then under the cartoon I would have said MORE - as in a $5 dues increase? MORE - as in more trips to Seattle on the weekend? MORE - as in more than just $113 to sleep in my own bed at home? MORE - as in more vicious speeches attacking Except One in violation of federal labor laws? MORE - as in - well, I think "u" get the picture!
One of the individuals who proposed dues increses without the knowledge and consent of his local is Jack Shaver? The same Jack Shaver that is a two time Chairman of the Committee? The same Jack Shaver that told me the dues increase was necessary to have a "surplus"? SAY IT AIN'T SO, JACK? Hey, other "special reps" are putting out it is for the Convention, the NMB vote, etc. Why don't all the cronies get together and tell the SAME LIE, at least us members could have some confidence that you're somewhat organized?
The UTU Constitution
As stated many times by this writer, the UTU Constitution is your (the Members) contract with the Union and it must be observed faithfully if it is to mean anything. To say it is sacrosanct and then violate it with blatand disregard for the member's rights has been the greatest failing of the current administration! Information on this issue and on the Delegates responsibilities relative to the Committee of the Whole can be found in the St. Louis Edition.
I am encouraged by the positive feedback I received in Washington and am constantly receiving via email. So much so, that I believe it may be possible (after Roger is elected) to address the Constitution in its entirety provided we can form a coalition which includes 2/3 of the delegates.
For my own part, my local submitted three (3) proposals, two of which made the "final cut"? Yes, just like the illegal Article 12 proposals that I am challenging, I wrote the proposals. However, the difference is that I took them to the lodge, explained them and their purpose, received a majority vote to present them, and they were sent under lodge seal. "u" may find Local 1571's proposals under Articles 23 and 85 and I shall be glad to explain the purpose if "u" are interested. My other proposal which didn't "make the cut" was to have the Board of Directors record how each member voted so we could hold them accountable for bad decisions which were not in the best interests of the members. I suppose that was cut because it didn't have the necessay language changes in other portions of the Constitution?