NEWS

Press Releases

Web Changes

Web changes are now in the works by moving most of the information previously on the homepage to the news page below (hopefullly). 

 

Thank you, President Thompson!

Well, everything is going to be great in UTU IF we simply forgive, forget, and follow the advice of former Presidents Chesser and DuBose?   Hmmm, somehow I was hoping for something more substantive than more . . .

Voidspeak?

Also I have tried a new font on the above article as I was advised my current font is hard to read.  If I determine smaller is better, I may eventually change the homepage too! 

3-10/04: Rookard pleads guilty? I guess all those indicted were actually guilty "except one"! Lord help poor Byroon see the "LIGHT"?

Who will stop the Bleeding?

The Rumor Mill: Usually reliable sources have contacted me and advised that the UTU Board of Directors met somewhere in California (Kaliforna IF you support the new Guv?) and asked President Boyd for his resignation - vote was 7or 8 to 2?  If this is true, it is about time they did their duty. Let's just hope they had the sense to make it an offer he can't refuse, i.e., resign or WE will file charges to remove you!  If and when Boyd resigns, it will appear on the UTU webpage; if he does not, It is doubtful that they will indicate they have filed charges against Boyd on the webpage but one would think they need to give notification to the membership as soon as possible to stop the bleeding? 

A Response or just more Clint babble?

2-8-04: Yo . . . Honorable Petie - Neutral Fishbach (a lawyer) doesn't think to much of your decision as he clearly elucidates of Page 9 and 10 of the Award? Kinda funny that neither you, UTU, CSX, or the 6th circuit knew that your decision was blatantly erroneous; but one forgets - you were just signing what Monty and Rambo wrote for you! (haha)

Dan Dan - Not the Answer Man?

I'm going to be out of pocket for the next five days but I want to wish my best to the Texas Legislative Board and hope they have a very productive meeting next week! Had I not resigned this postion, it would have been my 7th consecutive Quadrennial meeting!  IMWTK - will "Bubba" be there trying to influence the elections??? Ah . . . , I certainly enjoyed my time of the Board and it was a great learning experience!

1-08-04: "Having said that", Say It Ain't So Dannyboy!

Newspaper Tree

Attention Railroaders - Ignore this article unless you want to be bored to death? Seems there is a person who finds me extremely lacking in ability and character and has made me a focal point of his alleged "original news" lately?  Some pseudo-intellectual that has first rights to a web page that doesn't necessarily give the attacked person full rights to respond?  Ah . . . , hell . . ., thats OK - I got my own web page! Who is Sidney Hall Maven and is the Newspaper Tree the "original source of news in El Paso"? Didn't have no qualms with them until they edited my response and then didn't print the latest communications but allowed this jerk to continue to use my name in his articles.  You rails that continually dabble in the UURR site will recognize this guy - anonymous so he gets to say anything he wants without any repercussions! I present you with the distinguished Gentlemen from ...Ysleta(?)

Mr. Sidney Hall Maven (pen name)?

Oh, by the way, the Smoot Award just came out - 12 pages of shit that probably weren't written by Fishbach but at least they acknowledged that the Court decision was erroneous! I'll get it up this week and show you why I don't think Fishbach wrote it and why it misses several points which weren't addressed in the hearing? Ah . . ., perhaps whoever wrote it ALSO had to rely on "extrinsic evidence"???? IMWTK? Coming Soon:

The Second Smoot Award!

12-26-03: I would like to wish everyone a Happy Holiday Season from the Ruck Family: Lanny, Lana, Lela, and Melissa! As the New Year begins, the pressure upon the International Officers is going to reach "critical mass" rather quickly and absent action by the Board of Trustees, Board of Directors, and/or Executive Board, look for legal actions to begin before the end of February! Ah . . . , hang in there and always have a nice day!

Hello Mudder, Hello Fadda, here I am at Camp Granada; hello brodders, hello sisters, here's a link from Our Roger! However, If you're looking for the Sun to come out and kids to start having fun again soon, I doubt the membership should kindly "disregard dis letter", i.e., Roger's message!   Be sure to look for the final copy of Roger's letter to Dan Johnson!

Thank You Local #965

Recently received a check for 2003/2004 donation to the El Paso Express for $600.00, the largest (by far) donation ever made to the Express from a UTU Local.  J.F. Collins is the Secretary/Treasurer and the donation is greatly appreciated!  I would have had it here sooner but I am often unable to access my site because of my unstable computer. I am saving everything to floppy discs in order to make the transition to the new computer, hopefully next week. Of course, that may present a whole new set of problems?

Deliverance?

I am having serious computer problems that have kept me from getting into this site since Oct. 8th.  I have a new computer and hopefully there will be a seemless transition as far as the El Paso Express is concerned. Two items of importance since my last includes a prompt response from UTU Assistant President Paul Thompson to my recent BoD Request and another press release from Houston concerning the ongoing indictments.

I must assume in the following Oct. 7 response (emailed also on the 8th or 9th I believe and mailed on the 7th) from Assistant President Thompson that the word "allocation" in paragraph three should read "allegation"; those of you who use spell check know how easy it is to get a wrong word into a document if it is spelled correctly. However, I am concerned with the logic  as Assistant President Boyd didn't seem to have any trouble expediting President Little's alleged "medical retirement" at a meeting of the BoD and DLC on some little island off Florida?  Yo Charlie, you can take medical retirement OR the BoD is going to remove you pursuant to Article 25!  Hell, in the instant case they were only going to place Boyd on paid administrative leave?

It remains to seen if the BoD will act if more indictments of International Officers follows.  If AP Boyd received part of the "buy-in" proceeds from DLC when Charlie was President (and re-election contributions), is it unreasonable to assume AP Thompson received the same "consideration" as Assistent President?  Is there anyone out there that is familiar with UTU politics since1995 who doesn't believe VP Hakey wasn't part of all this?   Oh well, I guess the futility of the Executive Board is next; then the petition for a Special Convention to pass a recall provision; and finally a recall of those officers indicted who pose a serious risk to the membership as long as they have authority to enter into agreements, give political donations,  and argue disingenuously before various govenmental entities and/or the Courts!

Assistant President Paul Thompson Response!

9-30-03: While some still seem stunned by the indictments, it was inevitable UNLESS you thought Neil Francis Babineaux was going to do hard time rather than roll over. It appears Neil got most counts dismissed for his favorable testimony that led to the "indictments" and was given a 6 G fine, 2 years probation, and 6 months confinement at home?  At least that's what I'm able to surmise from the latest two pages of the docket? If any of you attorney's have a different take, let me know? Ah . . ., if you have to . . . you can call me collect at BR549!

The Indictment

If you're a BNSF employee, you gotta just love the Attendance Guidelines . . . right?  Think the Board of Directors will address the serious situation in this union at the October 7 regular meeting? Methinks NO but the request had to be made anyway - just in case any of them run again in 07 - Request for Emergency Executive Session!

Email

"This is the first and last time I have or will visit your web site. I did see the rag of a newsletter you have passed around.

It made me sick to think that you put yourself in the in the catagory as other hard working Union members.

J Allen Glover VGC UTU GO-851"

     This email verbatim; luckily, since Brother Glover won't be viewing this site again, he won't realize how inarticulate he actually is?  Many will not be surprised to find GO-851 is the Florida East Coast! By the way "J", those many appeals I write for members, I don't have to work very hard to write them! Hang in there and always have a nice day - CEOEPE - The El Paso Express Rag!

9-17-03: Ah . . ., I have heard a rumor Ralph Dennis is going to pleady "guilty" and become a witness for the DOJ?  Hmmm . . ., that would be extremely damaging but might have Ralph and Neil out of jail while still young enough to enjoy a few of their later years in life? IMWTK?

9-16-03: They say "Not Guilty"! Byron says I'll continue to serve as UTU  President! You bet he will; he'll need the money and the political clout to get out of this mess.  See the Houston Chronicle Article! 

Can we (UTU members) remove Boyd?  Nope, not unless you can do it under Article 25? This from the Anaheim Special Convention Edition:

"Because of the gross ineffectiveness of the EB (Executive Board) pursuant to A25, I am in favor of a recall provision and I tend to favor the one in PN2 of Article 6 rather than PN1 or Article 25?  I need to hear more from the locals that made the proposals but obviously both can't be accepted and either will be hotly disputed by the heirarchy that is use to having no accountability to the membership whatsoever! In fact, IF Byroon sells out everyone to avoid indictment, having a Recall provision might come in real handy?" (emphasis mine)! Oh well, as they say: "you can lead a horse (delegation?) to water, but you can't make him drink (think?)"! 

9-15-03: Say it ain't so Byron?  These alleged "union leaders" have known this day was coming for well over a year but the delays in the Babineaux proceeding at least allowed them to steamroll the delegates in Anaheim!  It's just politics - those damn Republicans doing a witch hunt on fearless democratic union leaders - yea - that's the ticket.  Say Byroon, do you get to use the General Fund, the JBI, and/or UTUIA to pay for your legal fees?  Ah . . ., lucky you have the best labor attorney in the world; does he know anything about criminal law? IMWTK?  Any bets UTU starts giving big contributions to the Bush Administration for his re-election. Yo - Brokenrail - ready to hand out that TPEL money to George Bush to get some relief in the criminal arena? 

Any Delegates read the "Special Anaheim Convention Edition"???

Hell, the last page showed the docket for Neil Francis Babineaux and that the trial was continued to August 7; plenty of continuances to avoid the original June date that might have allowed for these indictments before the Anaheim Convention.  Ah . . . , I really enjoyed Byroon's upbeat UTU webpage "damage control", basically thanking people for their support (Who?) after the indictment, saying he won't be addressing the matter of the UTU site (what a surprise?), and saying he will be exonerated when all is said and done! 

Well, boys and girls, this is the exact situation that always scared the hell out of me - how much does "little Sac-bb" give up to be exonerated?  Amtrak concessions, more technology concessions, more onerous hiring wages for new employees; how about giving up FELA?   Of course, since I know Byroon has "NO INTEGRITY", I say nothing is out of the question and he should be removed from office right now before he has a chance to negotiate away UTU union members rights for favorable treatment by the Bush Administration!!!!

DOJ Press Release!

"Specifically, by demanding thousands of dollars in secret cash contributions for Little's and Boyd's presidential campaigns, by soliciting and collecting cash from attorneys in exchange for those attorneys being made DLC of the UTU, by soliciting and collecting cash from DLC attorneys in order for those attorneys to remain DLC, and by using the United States mail to communicate with the DLC and other union members setting forth rules of conduct governing the DLC, including a prohibition against involvement in union politics and elections."  Damn . . ., that can't be the great "johnny come lately" policy that I helped defeat when "little Sac-bb" wanted it included as a new amendment to the Constitution . . . can it??? That reminds me, I been remiss in not doing my article on the Constitutional Changes - I'll complete that within the next week so our members will at least realize that while many of the bums got re-elected, they didn't fair all that well in the area of Constitutional changes.  Rumor has it some guy from El Paso kept getting to the mikes and arguing sucessfully against the Contitutional Committees Recommendations?   I KNOW NOOOOOOOTHING!!!! (haha)

I don't know what the weather was like where "U" are today, but the weather in El Paso was fantastic - a beautiful day for corrupt union officers to be indicted!  While not a vindictive person, I personally hope "Sac-C (Sacrosanct Charlie)" and "little sac-bb" (Byroon) do some jail time - for one reason and a very good one at that - what they did to Smoot!  Also happy to see the absence of Tom DuBose (Yo - Tommie - did I spell it right?); always liked Tom, he had and has a sense of humor, and he said in Anaheim he didn't do any of it (accept money)?  Could be true or could be that the 7 year statue of limitation has run and he couldn't be indicted?  In any event, even though he found "NO IMPROPRIETY" in the actions of Bob Earley, he damn sure wasn't going to pay his legal fees for his frivolous suit against the UTU!   Good for you Tom; enjoyed our time together with others joking at the swimming pool bar in Anaheim!

7-15-03: See my views on the Constitution (scroll down) to be finished when I get finished? Amazing, I'm getting 80 or 90 hits a day? Did I make some friends in Anaheim? IMWTK?

7-05-03: Picture Page.

7-04-03: I have just returned from Anaheim with a two day visit with a former Vietnam pilot who lives about 6 blocks from Bob Hope's house. Did a tour of the local neighborhood and was fascinated seeing homes of Movie Stars that are not in Beverly Hills but rather in Toluca Lake Estates and vacinity.  Also spent last night with another Vietnam friend in Phonix and had dinner with 3 others from my unit at a great place in Scottsdale called Pinnacle Pete's Patio. Ah . . ., I digressed . . ., here is my first installment from the Anaheim Convention!

I was constantly asked about Ralph Dennis in Anaheim.  I know what everyone knows (probably just rumors?), i.e., that he had a big argument with Boyd and Hakey in Seattle, left his UTU ring and credit cards on his desk with his resignation, and is (was) apparently miffed about some Insurance representatives not receiving their "commissions" for quite some time? Say it ain't so Byron? Of course, If it was true, they (the insurance reps) could just come out and say so now that UTU allows free speech without retaliation! (hahahahahahaha)

7-25-03: I just returned from a 3 week vaction to Florida and it was great; like Fantasy Land?

My final comment on this site until I return from Anaheim: I have it on good authority that any International Officer and or Local Officer not wearing a Boyd Button is in big trouble! (hehe) Hmm, might just be anyone wearing a Boyd Button is in big trouble this time around?  But we'll see - can't expect those "yes men" to break ranks UNLESS Boyd is defeated.  Being one who says "how high" when the UTU Heirarchy says "JUMP" - I've finally found My Button!

 

Do "U" know the way to San Jo . . .  ah . . . ANAHEIM?  Click on Express yourself for the "Special Anaheim Convention Edition" (or here if you're confused?) and other pertinent readings from this site! Come meet me in Anaheim!

7-24-03: Lot of rumors circulating about Babineaux rolling over and the Prosecutor resigning. Federal sentencing guidelines are very strict and Babineaux is not coming out without jail time - he may be able to cut that considerably if he cooperates and gives pertinent testimony against those involved. The prosecutor is not off the case but involved in a high profile murder case involving gambling, drugs, etc and workingon that now - probably will return to the Babineaux case when it ends! Transcripts have been filed in the case on 7-3 and 7-17 but I have been unable to contact several friends to see if they can go to the courthouse and get them (usually charge 50 cents or a dollar a page). Probably too late to get them for Anaheim now anyway. But the trial is now continued to August 6 per docket item 59!   Just thought some of "U" might like to know? Hang in there and always have a nice day. Anaheim Convention Special is at page 6 and should be completed tomorrow morning and should appear here before I leave early Saturday!

Yo - Danny Boy - you're the highest paid officer for 2002 - man - you traveling "first class" or what - $136 G's for expenses? IMWTK?

7-22-03: Per several requests, it appears some want to see Ray Lineweber's original letter to the delegates?  As I have always believed in the DuBose statement at the Washington, D.C. 1999 Regional Meeting that "WE HAVE NO SECRETS", it has now been included in the article below!  Seems if Tom told the truth that day, he has no indictment to fear? YO, TOMMIE, did you sell DLC designations or not? IMWTK?

Smoke and Mirrors?

7-21-03: I'm back from a 3 week vacation to Florida wherein I attended this years VHPA meeting and visited Disney World with my family.  Lots of email and messages to call people - seems people want to know if I can support Jim Alford? Well, let's just say I can't vote for Byroon Void for reasons If shall soon emumerate in the Convention Edition of the El Paso Express which should be here by Friday and available in hard copy to any Member/Delegate in LA!  Here's a rather normal starter?

The Usual Void?

6-28-03: Regular readers please note this will be the last new item added for about three weeks due to prior committments. After that we will concentrate upon the Convention. Thanks to Jay Schollmeyer and Jeff Ruhu for making the Constitutional Committee Report and Recommendations available to the membership.

Speaking of the Convention, usually reliable sources have indicated the "little Sac-bb" called all the VP's for a "special meeting" in Seattle and got their support  . . ., even if he is indicted! Well now, as the "Church Lady" used to say . . . "ISN'T THAT SPECIAL"! But what would one expect from this group . . .  an independent thought?  Nope, no one has the courage to become "EXCEPT ONE" but watch them leave Byroon like rats leaving a sinking ship IF he is indicted! By the way Byroon, I finally did get a banged up 2003 Directory so disregard my recent request for a second copy. Ah . . ., just don't know if you wanted it to take 3 weeks to deliver or UTU's "finacially sound" condition didn't allow for the extra postage to send it first class?  IMWTK?

Of course, Byroon already knows my position IF he isn't indicted, i.e., he should be for what he allowed to happen in the Smoot Case after he and the rest of the Board of Directors demaned Charlie's resignation - an attempt to avoid any appearance of impropriety on the part of Byroon and the International Hierarchy (distance yourself) after it became apparent the FBI was investigating Charlie's "campaign manager", Neal Babineaux!   Hey . . ., if you're "Sleepless in Seattle" because you feel "guilty", try spending a few days in Cleveland and see what it's like?  Coming next, HOW MANY DAYS did the Big Three spend at HQ in 2002?

Happy FOURTH OF JULY to ALL! Yes, ALL . . . , even International Officers . . . , but celebrate hard on the 4th because it's certainly questionable if you'll be doing any celebrating towards the end of the month!  I had a real bad nightmare recently,   I was watching the simalcast of the 2004 Beaumont Regional Meeting and President Hakey was thanking Vice President Carver for all the work he had done for the UTU's 700 Yardmasters??? Yep, "Shame on You" and "little Sac-bb" both took their half mil from the Officer's Pension Fund and retired after less than a year?Ah . . ., on the bright side, at least they didn't have to put any money into it, us members did that for them! Anybody know if they also get a RRB check? (hehe) And, perhaps they ought to sue for having to pay $100 a month for health insurance?

6-26-03: UTU WINS AGAIN and naturally, ANOTHER UNPUBLISHED OPINION! While there are many theories on unpublished opinions, i.e., don't address an issue worthy of publishing or are so skewed they are an embarassment to the judicial system (just a few), it is generally a no-no to cite them in appeals! Of course, UTU's Rambo has made often use of them throughout the Smoot cases and it is my belief that the second theory above dictated his reliance on such cases!  I'm sure this latest Victory will be announced in the next UTU news and probably be placed on the UTU web site in its entirety!  Byroon and the International Hierarchy should be proud, nothing like a dues paying member owing $50 G's to UTU and CSXT for something they know he didn't do!

Another Unpublished Opinion?

6-23-03: It MUST be an election year and "little Sac-bb" must be a "little" nervous. . . , he's started responding to Mail?   I have sent a letter this date requesting another Directory as I have yet to receive one . . ., ah . . . , you don't suppose they sent it "book rate" by rail - that would certainly explain it!

Hallelujah!

6-17-03: UTU Wins, UTU Wins, UTU Wins! Yep, the 6th Circuit has ruled Smoot made no "contitutional claim" and therefore the $100 G punitive damages for giving out "what appeared to be the Executive Session Transcript" at Atlanta to what appeared to be Byron Boyd - ah . . ., he couldn't be mistaken for anyone else could he . . . to Byron Boyd (who admitted it was the Atlanta Edition of the Express) remains in tact. While you won't read this "victory" in the UTU News, our congratulations to Byron for spending 20 or 30 G's to Rambo's firm to aver this lie!   Let's see, collect 50 G's from Smoot and pay $30 G's to get it - a $20 G profit . . . . ., as soon as they can collect? Hey . . ., does Smoot's wife and kids have anything left Rambo can go after? 

I will place the decision (apparently 3 pages) here as soon as I receive it from Ken.  As we won't be wasting anymore time with Renquist and the "Supremes", it looks as if Smoot has finished all avenues of appeal and may now attempt another "dismissal" of the Bankruptcy since the 230 G reduction in Statutory would not have required bankruptcy given the estimate of the Malpractice Suit. Again, Kudos to the "Little Void" Regime:

Did we demonstrate courage? Yes, it took balls to reverse DuBose's decision that the UTU would never pay Earley and his lawyers!  Did we demonstrated Judgment?  Yes, better to pay over one half million to win the lawsuit than $10 G's to lose it, pay Smoot what he won at the "final and binding" Board of Appeals, and try a "misbehaving" VP for selling out the dues paying member! Did we demonstrate integrity?  I think it goes without saying that when you know Smoot didn't give out the Executive Session Transcipt but have your lawyers aver he did at significant expense to the members, that's indicative of the type "integrity" Mr. Boyd and the "Little Void Regime" displayed! Did we demonstrate dedication?  Once Little defeated Dubose in Chicago, the first action was the illegal, self-serving Settlement Agreement and Release wherein we paid the perpetrator (VP Earley) and went after the victem (Smoot)!  They persecuted him relentlessly for 8 years just so they could say they "won" and protect the corrupt railroad arbitration system; it is doubtful they are through persecuting him? Yep, these are "OUR" Guideposts and message is clear: "Don't ever have the audacity to catch us lying and cheating redhanded"!

For those of you wondering what's happening with the "little Houston" problem, the Babineaux trial has been re-scheduled for July 7?  May not be the last delay if UTU has anything to do with it! Remember, you get your "trick rates", your "health/Welfare" retroactive payments, and your news about how corrupt the union hierarchy were relative to the "DLC" scandal . . . AFTER you re-elect Byroon and the hierarchy and give them a healthy dues increase!  Ah . . ., as soon as I see the Committee Report on the Constitution (If I see it, or the 2002 books, or the 2003 Directory?), I can tell you which "dues plan" is favored by the International Hierarchy! Seems Neal got permission to   go to Beaumont, TX recently? You don't suppose Little's first "bagman" was visiting Little's second "bagman" for some under the table advice or reimbursement? IMWTK what's up with the Babineaux Case?

 

6-10-03: Yo . . . , "little Sac-bb". . . ah . . . great speech, a shame we didn't blow 20 or 30 Grand to "simulcast" it? Opps . . . , forgot . . . we're "sound" now rather than "strong a stable"!   Just really got to love the hypocricy of this statement:

Drawing from a speech by the late John F. Kennedy, Boyd said, "Our accomplishments will be measured by the answers to four questions: Did we demonstrate courage? Did we demonstrate judgment? Did we demonstrate integrity? And did we demonstrate dedication?

"Brothers and sisters, courage, judgment, integrity and dedication are our guideposts. Let us never abandon them," Boyd said in closing.

This is reminicient of "who needs eloquence . . . ."  Sac-C drivel that had him equated with Eugene Debs?  The ONLY thing Charlie Little may eventually have in common with Debs is they will have both done a "little" jail time! 

I don't have to tell anyone that any association of JFK to "little Sac-bb" is laughable, i.e., consider the answer to the above four Questions in relationship to the Smoot Debacle? If Byroon doesn't want to address the issue on the webpage before Friday, I'll put the newest UTU "BUZZWORDS" in complete perspective relative to member rights and the UTU Constitution vis-a-vis Kenneth R. Smoot!  Ah . . ., great coverage of the UTU victory over BLE in Canada . . ., where is all the great coverage of UTU's victory over Ken Smoot? IMWTK?

6-6-03: As Byron enjoys his round of golf today in the Seattle Area, the Express would like to remember "The Great Uniter" in our own special "little"way.  This Article was placed 1/4/02 and a similiar one will be placed concerning Byroon's "Quality Time" at HQ in Cleveland for 2001 and 2002 IF this delegate ever receives the2002 documents?

Seattle Slew

Yo Byroon, checking into that $250 dollar suite tomorrow even though you are just a "stone's throw" from were you spend most of your time all year every year, . . . , at home? No "first ever" simulcast this year to announce the good news . . ., we've got a winner on the Via Rail and . . ., as always . . . We are "Strong and Stable"??? 

Read Dan's bullshit, easy to cut costs when you don't have any money to continue to pay "special reps"!  You got a 14 million dollar "gift" from the payees of Job Benefit via the "Department of Labor" and you still don't have a dime to spend . . ., other than those "per diem's" after certain International Officers pay for all their lodging and meals with the ole "American Express" Card? 

How about those documents the delegates are SUPPOSED to have for the 9th Quadrennial Convention . . . Is it just me who don't have them? Inquiring Minds Want to Know, to wit:

Lance E. Ruck

Delegate

UTU Local 1571

4704 Post Road

El Paso, Texas 79903

leruck@elp.rr.com

(915) 565-9741

June 5, 2003

 

Mr. Byron Boyd

President, United Transportation Union

14600 Detroit Avenue

Cleveland, OH 44107

Re: 2003 Quadrennial Convention - Certified Mail RRR - 7002 3150 0001 2445 0950

Dear Sir:

At the end of March, I spoke with Jack Burk in your office concerning when delegates would be receiving the 2002 Report of General Secretary and Treasurer, the 2002 Report of the President, International Officers, etc., and the 2003 directory. Mr. Burke stated he believed they would be mailed by the end of April. As of this date, I have received none of the documents and it is my understanding the requested documents have been available for weeks but have not been mailed to date!

Please advise when you intend to allow the delegates to receive the documentation they need to do their job at the upcoming Quadrennial Convention that is now less than two months away? I would also like to know when I may expect the Report of the Constitution Committee as it has been over two months since the deadline for filing changes to the Constitution?

Further delays by your office to provide the above mentioned documents seems calculated to discourage members from running for office, or at least leave them with minimal time to do any Amailings@ before the start of the Convention! Please advise when you will provide the necessary documents to the delegates?

Fraternally yours,

Lance E. Ruck

Delegate, UTU Local 1571

Cc: El Paso Express

Cushing Wins!

Makes me wish Bob was still in UTU and running for President in Anaheim; or Roger was still in UTU and running for President; or ANYBODY with a "little integrity" was running for President in Anaheim???? Alas, that does not appear to be the case! All information on this subject has been moved to Cushing Wins!

Ah . . ., heard an "ugly" rumor a few days ago, i.e., David Hakey will run against Byroon?  God, is that a choice between Satan and Judus? IMWTK?

All previous information on CSC and El Paso City Elections has been removed to the news page with original links.  Early voting is over and unless I miss my guess, Mr. Robert A. Cushing Jr. will win the City Councilmen position for District #2 soon after the polls close at 7 PM on May 31st (This Saturday)!   Accordingly, the Express is back into the Railroad Business full time and shall concentrate on the upcoming UTU Ninth Quadrennial Convention in Anaheim, CA! 

At the end of March, I spoke with Jack Burke in the President's office and he theorized the 2002 Report of the GS&T, the report of the President, Intenational Officers, etc., and the 2003 Directory would be delivered by the end of April?  So here it is the end of May and the delegates (or is it just me?) don't have these documents yet?  Hell, my sources say the Directory is complete just sitting there waiting to be mailed as soon as

Byroon Allows it?

How about it big boy, gotta hold all that important "evidence" until your "special reps" can make the rounds to every new delegate and "lock in" your dynasty without anyone having the information more than a week or two before the Convention.  Of course, He knows the law requires the information on delegates be provided at leaat 30 days (or is it 60 Monty?) before the Convention.  Where the hell is the Constitutional Changes, you have had two month's to handle that - the Committee still partying in Cleveland trying to "resolve it all"? 

Loved you recent DLC Rules or Ethics or whatever the hell you called it; nothing like slamming that barn door shut after all the horses are gone! I guess we can just add Mr. Ethics to your credentials just like we did Mr. Diversity?   Speaking of integrity - how much for Rambo to aver the known lies before the Sixth Circuit in Smoot this time around . . .10 G's, 15 G's, 20 G's?  IMWTK? 

I guess the Babineaux trial begins in June; will Sac-C be indicted before or after the trial?  I understand the 5 page indictment is somewhere on the Houston Criminal Webpage but not sure the average citizen can access it without Pacer or some other form of electronic password?  Any body has any info on this, please let me know?  Understand Neil's attorney's want all the "tapes" from Mr. Big?  Damn Monty . . . ain't that "forbidden fruit"? (hehe)    What, only Four (4) DLC currently scheduled to testify?  Stay tuned for more updates and probably a certified letter to the President asking for the documents us delegates (old article placed 1-6-03) require that are grossly overdue in my opinion.  Ah . . ., luckily, he doesn't have to respond to letters!  

Let's see now Artie, this new system will allow trains to run without engineers while a Conductor "monitors" the computer and makes pickups and setouts?????? Boy - that is technology!  OLD ARTICLES BEGIN BELOW!

April 4, 2003

Kesha Handy                
P. O. Box 61129 Houston, TX 77208
Phone: 713/567-9335 Fax: 713/718-3390
E-Mail: usatty.txs@usdoj.gov

FORMER UNION OFFICIAL CHARGED WITH OBSTRUCTION AND MAKING FALSE DECLARATIONS TO A FEDERAL GRAND JURY
CONTACT: Edward Gallagher, Assistant U.S. Attorney
PHONE: (713) 567-9343

(HOUSTON, TX) United States Attorney Michael Shelby announced today the return of a superseding indictment charging Neil Francis Babineaux, 50, Katy, Texas, with obstruction of justice and making false declarations to a federal grand jury relating to testimony he provided to a federal grand jury in October 2001. Babineaux was arrested this morning by agents of the Federal Bureau of Investigation, and is expected to appear in before U. S. Magistrate Judge Marcia Crone later today.

The indictment, which was returned yesterday by a federal grand jury, alleges that while testifying before a federal grand jury in October 2001, Babineaux, formerly employed by the United Transportation Union in Cleveland Ohio, lied when he denied soliciting and accepting cash contributions from designated legal counsel and others seeking to be designated counsel for the United Transportation Union before and after the July1995 election of Charles Little as international president of the United Transportation Union.

Babineaux is charged with obstructing the grand jury's investigation into these payments and with making false statements to the grand jury. If convicted, Babineaux faces a maximum of ten years imprisonment and $250,000 fine for obstructing justice and five years imprisonment and $250,000 fine for making false declaration to a grand jury.

The Babineaux case is being prosecuted by Assistant United States Attorneys Edward Gallagher and Richard Hanes

The El Paso Express CEO truly believes that both Little and Boyd will be indicted within the next month or so . . . certainly by Convention Time in Anahiem! Stay turned to see how many of the heirarchy stay loyal now? IMWTK? 

3-23-04: I'm stickin' with the union too but I wish they would stop lying?  Paul says: "Neither the union, nor the insurance association, is using its funds to pay the defendants' attorney's fees. The non-UTU websites won't tell you that, even though their authors have been so advised."

He goes on to say: "Some of those who plead guilty admitted some union-paid trips were taken as part of their scheme, and the union and insurance association are trying to get those relatively minimal expenses back.  The non-UTU websites won't tell you that either because their authors are only interested in vindication of their soundly rejected views. Their philosophy is 'rule or ruin'."

Well, dear reader, you are at one of those non-UTU websites right now and the other (Roger's Reformit) has already adequately addressed Paul's "rule or ruin" theory. Hell I told you what Johnson replied but that conflicts with Roger's information that seveal "large" checks from UTUIA were stopped by the Ohio Department of Insurance and later reissued, possibly from UTU funds.  When I sought information from the Ohio DoI they avoided the specific question; so who am I to believe - Paul and Dan or Roger! Based upon 8 years of personal experience with their credibility - I believe Roger. According:

 

Lance E. Ruck

UTU Local 1571

4704 Post Road

El Paso, Texas 79903

leruck@elp.rr.com

(915) 565-9741 

March 22, 2004

 

Mr. Dan E. Johnson

General Secretary & Treasurer

Secretary, Board of Directors

Secretary, Board of Trustees

United Transportation Union

14600 Detroit Avenue

Cleveland, Ohio 44106

Re: Misuse of UTU/UTUIA funds - Certified Mail - RRR - 7000 0600 0024 6529 2337

Via Facsimile - (216) 228-5755

Dear Sir & Brother:

I your January 28, 2004 response to my letters of January 8 and January 22, 2004 you noted:

"However, the UTUIA instead has been taking all appropriate steps to seek coverage under its director and officer liability policy for the matters covered by the indictments, except for those who have pled guilty" (emphasis mine). You incorrectly characterized my premise that "charged individuals" had been advanced legal fees when, in fact, I wanted to know what amount of funds had been advanced to the attorney’s of the charged parties from either UTU or UTUIA funds.

As all charged parties have now pleaded guilty and I am aware that certain checks stopped by the Ohio Department of Insurance were later reissued, I desire to know the date and amount of any checks issued from UTU and/or UTUIA to any attorneys representing any of the charged parties? Because I believe the amount to be hundreds of thousands of dollars, I wish also to know what actions are being taken to return said funds to the UTU and/or UTUIA. Specifically, has the UTU moved to attach Byron Boyd’s pension fund until such time as an accounting for reimbursement is complete?

I note that you failed to provide me with a copy of any letter that has been sent to the bonding company as well as any specifics concerning the amounts of money that has been forwarded to the attorneys of the guilty charged parties, including former President Boyd.

Please consider this my final request for a complete accounting of any monies distributed from UTU and/or UTUIA funds for the legal defense of Byron A. Boyd, Charles L. Little, and John R. Rookard and my final notification pursuant to 29 U.S.C. § 501(b). I reiterate the remedy I seek is simple: provide a complete accounting to date of any UTU and UTUIA funds advanced for the legal defense of the indicted UTU Officials, cease and desist any further advancement of legal fees from UTU/UTUIA funds, and demand immediate collateral, including pension funds, from the indicted UTU Officials! In the event you fail to provide such a remedy and hundreds of thousands of dollars (or millions) paid by UTU and/or UTUIA is unrecoverable after criminal proceedings, I plan to file a criminal complaint against every member of the Board of Trustees and Board of Directors.

Thanking you in advance for bringing this matter to the attention of the Board of Trustees and the Board of Directors, I am

 

Fraternally Yours,

 

Lance E. Ruck

Member, UTU Local # 1571/Policy Holder

cc: El Paso Express

Ohio Department of Insurance*

 

*Via Fax under separate cover

Seems to me that if no funds have been used from UTU and/or UTUIA then another denial is in order with an offer to come to Cleveland and review all the checks issued since July 1, 2003 and all intemized "professional fees" since July 1, 2003? How about it Danny?

5-29-03: The below information, mostly involving City of El Paso CSC and City Elections, has been placed here to return the Express to a primarily Railroad Site; and now primarily dealing with the upcoming Convention of the UTU in Anahiem, CA beginning July 28th.

 

Cushing makes run-off for May 31st Election! A crowded field reduced to two - Robert A. Cushing, Jr. and Jesus "Chuy" Terrazas! Even though the 69 year old Terrazas "rode" the coattails of the defeated incumbent Mayor in the only district that "Joe Wardy" didn't get a majority (48% or something like that?), he has an uphill road to another term as a City Councilperson!

Historically, low voter turnouts are reduced another 50% in run-offs. With incumbent Mayor Caballero defeated by large numbers, will Terrazas supporters who voted for him because he was favored by the Mayor even vote in the run-off? What about the candidates that lost that don't support Mr. Terrazas - I count all but one - Mr. Franco - who readily admitted his "idol" was Mr. Terrazas?   Ah . . . , he got about 300 votes . . ., will this offset the 1000+ that Melendrez, Fronseca, and Reyes got?  I think not; but you never know?  The question is does any of these candidate's voters attend the polls when their candidate is no longer in the race or "is" encouraged to vote for another candidate? Probably not, nor will those that only voted for "Chuy" because Mayor Caballero wanted him elected, show up at the polls.

Hopefully, Mr. Terrazas's true record of his time on City Council will come to the forefront before the run-off, and then voters can determine if we need another "travelling peacemaker" rather than a councilperson who has real expertise in pensions, water, CSC, and every other matter regularly before City Council? 

Pursuant to the El Paso Times article today (5-5-03), "Chuy" Terrazas (top vote-getter in District 2) was on hand to congratulate Wardy at his party at the Cortez Hotel? Is this a good thing for "Chuy" to do, separate himself from the Caballero voters before the ink is even dry?  Think the Wardy Camp will "forgive and forget", i.e, support "Chuy"  because he'll change colors faster than a chameleon? Methinks NO!

Bob doesn't change colors; he is a resprentative of the "people" and that is all he will ever be!  He has the compassion and intellect to not only make a difference for District Two, but for the whole City of El Paso. It is my honest opinion that Bob will lead the way in viable solutions to our water problem and Police/Fireman Pension shortfalls! 

5-3-03: Mr. Terrazas, and his family, are apparently taking this election to an extreme, based upon the first hand reports I have received?  That is of no consequence now, who has the record to be an "advocate" for the citizens of District Two based upon knowledge? 

5-2-03: A special treat today as it is not often I can bring the "rails" and El Paso citizens together in an article of interest to both!  Yes, while corrupt union officers and some Carrier officers hated Robert A. Cushing, Jr. for his honest and effective represenation of working railroaders, all respected (or feared as the case may be) him! Those who knew him personally or those lucky enough to ever have him represent them, continue to respect him and be concerned about him and the health issues that required him to leave the industry.  Tomorrow, God willing and the wind blows in El Paso, former CSC Commissioner Cushing is going to have a new title:

The Honorable Coucilperson from District two!

Mr. Robert A. Cushing, Jr.

5/1/03 -Mayor Wins, Mayor Wins, Mayor Wins: Ah . . . , should we be proud or concerned about Abuse of Prosess? Methinks the latter is in order:

Abuse of Process?

My recent prediction has now become a reality; the Mayor is desperate to get his unqualified "provisional appointee" made permanent before he is tossed out of office in the City Elections on May 3!  This from "Additions to the Agenda" for the April 29, 2003 City Council Meeting.

2. Appointment of Alan D. Lanry as Economic Development Director effective April 29, 2003.

Seems Rambo et al. think so much of a new Case from the Supreme Court that they have exercised FRAP 28(j) in the current Appeal over the 100G Punitive Damages!  Smoot reply and SCt. Case!

It's Election Time, c'mon Citizens of El Paso, sing along with the El Paso Express . . .

 

He's a real NOWHERE MAN . . .

4-5-03: Also noted is that the Smoot link is not the latest so you will need to go to news to see the latest.  Per conversation with Smoot yesterday and in the face of two or three advance letters to the Clerk of the Court explaining Smoot's attempts to cooperate in the "Joint Appendix", Rambo et al. have apparently blamed Smoot and filed their own "joint appendix" (as we did timely) one week after the deadline with Leave to file?  Yo . . . Rambo . . . I think Judge Jones was talking about lawyers like you?

Note:  All recent articles on CCS, Smoot, EP03CV0041, and related info have been moved in their entirety to NEWS. I also hope to update the Table of Contents this weekend as it has been some time since it was updated!  We need room for the BIG NEWS of 2003, i.e. the indictment of Neil Francis Babineaux, former campaign manager for UTU President Emeritus Charles L. (SAC-C) Little, and the man who will now spill his guts or "go to jail" without passing "GO" and collecting $200!  Neal, while a member of the UTU Texas Legislative Board like to say that when the pressure is on, I'm at my best?  Well, Neal, is you best "staying silent" or spilling your guts to lead to the indictments of Sac-C and "little bb"?  Methinks the latter will be his choice!

4-5-03: These recent articles have been removed from the homepage and placed in news:

Also new is Smoot's REPLY BRIEF! There is no need to place the UTUCSX briefs as they are the usual expensive "cut and paste" we have become so familiar with since Rambo entered the case! also, UTUCSX were not interested in cooperating in the Joint Appendix and therefore, Smoot's Joint Appendix was mailed on March 17 to the Sixth Circuit.

Note: it is believed I will have information Monday on the "dismissal" of EP-03-CA-0041.  When I get it, it will be added to the site with comments on what happens next. Also see the BNSF Rose/Law Response and further comment at Guilty as Charged!

March 14 Update:

Press Release by Civil Service Commissioner Ruck (8:30 am El Paso): I am extremely disappointed by the failure of the Commissioners to adopt the "Report of the Civil Service Subcommittee on the Ethics Ordinance" relative to the provisional appointment of the Director of Economic Development at the regular meeting on February 13, 2003. In adopting only a Motion that the City Council did not violate the Ethics Ordinance in said appointment and then defeating a Motion to Adopt the Report, the Commission opted to ignore the facts and exhibits of the Report as well as the final conclusion of the Report, to wit:

"However, if we do not utilize the investigatory powers which are lawfully ours, and agressively pursue enforcement of the Rules of the Civil Service Commission and provisions of the City Charter which are applicable, we are each not only culpable of violations of the "Ethics Ordinance", and, moreover, our oath of office, but a true "breach of duty", to the employees of the City of El Paso and the public in general."

In essence, 5 of 8 Commissioners voted not to further investigate the undisputed serious violations of the Civil Service Rules and City Charter or even attempt to enforce the rules of same. The theory of forgive, forget, and move on seems politically motivated and cannot be in the best interest of the Citizens of El Paso. That both City Council and the Civil Service Commission were given clearly erroneous information seems to be of no concern at all.

For more information on this issue and for the "Report" in its entirety less exhibits, Click Here!

Well, no wonder I didn't get a copy of the BNSF Repsonse . . ., they didn't send me one?  I guess I'll reciprocate in the future if there is any future? Seems the case may be headed for early dismissal account the failure to properly make it class action, the withdrawal of LC Luley from the suit, and the inability of the one remaining plaintiff to foot the legal bill by himself.  Time will tell but it should be this week if it is going to happen. If such happens, there are alternatives. 

Relative to the BNSF Repsonse, they don't seem to know much?  They sound like Sargeant Schultz . . . " I Know Nooooooooooothinnnnnnng! What bothers me is, like UTU, they claim a time limit violation that simply isn't there and probably won't be there for outside point employees until at least May 19th, if not later.  However, to aver that this is a minor dispute that must be handled under RLA is futile given the time limit violations that are the heart of the violation of "DFR".  See Affirmative Defenses 2, 3,  and 5 coupled with their statement in item #16 that states "BNSF admits that Plaintiffs have accurately quoted a portion of Mr. Shire's response"! Can anyone imagine a PLB award that states 472 claims are dead under the time limit rule?  Hell, that would be all the claimants need to begin an action under DFR, provided their time limit was not already up (and UTUBNSF [the lines between UTU and BNSF in this case have become so blurred . . .] claims it already is?)!

This will be moved to it's proper place in a few days and you may need to view it a 125% rather than the size it is?  Oh, good news for the Hierarchy . . . Clint has filed a Motion to appear Pro Hac Vice wherein he can make bad law personally and extract a bit of vengence against this writer?  I shall place that here next. Seems Clint has never been the subject of any disciplinary proceedings and has never been found in contempt by any of said Courts?  Of course, he didn't list the New York Court where Judge Pratt rediculed him for his "Trust Law" in the Yule Case?  Not sure how he will come out with all the skewed legal opinions that allowed Dubose, Little, and Boyd to violate federal laws . . . guess we will have to wait for the correct information on the indictments and proceedings to determine those issues? IMKWT?

BNSF Reposnse!

The Story of the Year . . ., the one many have been waiting for and others dreading . . .

"Guilty . . . as charged"!

This newsletter deals with union matters within the railroad industry (and now CSC Matters in the City of El Paso). Update from Smoot: he has received the briefs from UTU and CSXT and is forwarding them post haste, i.e., they shall be available as soon as my scanner is replaced - SEE Smoot's Pro Se Appeal to the Sixth Circuit over the issue of punitive damages!

Last updated February 22, 2003 - I regret I will have a delay in placing the Lawsuit, i.e., EP 03CA0041, here as promised for reasons beyond my control.  I was notified Thursday that one of the Plaintiff's, M. A. Luley, has sent a certified letter requesting to be removed from the lawsuit account the Local voted in regular meeting last Tuesday that he should remove himself from any lawsuit against UTU as he is the current local chairman.  While I wish I had attended and don't feel such is any "conflict of interest", the matter is moot now as Martin has decided he must remove himself pursuant to the wishes of the local. I respect Martin and feel I helped him get elected (see Delegate - Paragraph 6 of the letter there).

I can tell you from personal experience with the McCort Lawsuit years ago, the International frowns on current officers being involved in lawsuits against the Organization, UNLESS of course it's a Vice-President, then they roll over like a French prostitute and pay him and his lawyers $168,000 in a sham illegal, self-serving "Settlement Agreement and Release"!  Ah . . ., since everyone is "bitch-slapping" the French these days, I thought . . . what the hell . . . add my two cents.

In any event, I have talked with the other Plaintiff, who is also a good friend, and he will continue with the action in an attempt to implement the Congressional intent of 29 U.S.C. § 185 in order to have his claims, and those of others similarly situated, determined in the usual manner! I have until Friday to respond and Clint has until Thursday (27th). Once I get the response of UTU and BNSF, I shall be able to see how skewed will be the logic they wish to use to overcome well established law?

Whatever the result of Martin's request to be removed (I'm sure he will be), I shall place everthing here by next Friday, including my response, and then place the UTU and BNSF filings as I receive them.  Accordingly, everyone can watch as these two attempt to change well established law to the detriment of all union members.  In essence, their problem is that the normal "unified defense" does not have its usual "misbehaving union officer" denying any culpability and suggesting that while he may have been "negligent", it doesn't rise to the level necessary under DFR?

Well, that is the bad news; the good news is I received the briefs of UTUCSX (the lines between these two entities have become so blurred . . .) in the matter of the punitive damages appeal of Ken Smoot before the Sixth Circuit and I shall place those here with comments as soon as I can! His reply brief (if desired to file one) is due this Friday. Of course, the question here is can you owe a 100 G's for something you didn't do and can prove you didn't do it if the evidence is allowed! The UTUCSX position has never changed; We cheated you "fair and square", any evidence you have is "ill-gotten fruit" that can't ever be used (even in your own defense despite what Smalkin said), and how dare you have the audacity to catch us lying and cheating!  Let's hear a cheer for Byron since he knows it is all a lie - "Rambo, Rambo, Rambo . . ." another 10 or 20 G's of the members money down the tubes to aver a lie . . . one which is about as obvious and blatant as the infamous "I did not have sex with that women"!

See NEWS for Monty "Let's Make a Deal" Hall's latest "legal theory"?  Will BNSF buy into this bill of goods like CSXT did in the Smoot Case?   If they make "bad law", will they be Proud? ALL is coming February 21st - all that needs to be completed is my response to Clint, with copy to BNSF's Crosby and Rose and information on how to avoid this type problem in the future - from the member right up to the President - from Local Supervision, to timekeeping, to Labor Relations, to the Legal Department, and the CEO of BNSF! 

Clint's Latest Specious Legal Theory?

Jan 30:  D-Day (deadline day?)  tomorrow for UTU/CSXT's (the lines between UTU and CSXT in this case have become so blurred . . . ) response to Smoot's filing with the Sixth Circuit relative to his appealing (in forma pauperis) the 100 G punitive damages?  Not hardly . . ., both Rambo and Mr. Lewis have filed for a 14 day "extension" in order to respond to the "pro se"  averments of this "corporate terrorist"!  25 days apparently ain't enough time to "research" this matter, properly misrepresent ("take out of context") the law, and run up a substantial bill against UTU members for Rambo, et al.!

 

Today's lesson:  If you're a "big time" Washington firm you can get any extension you need . . . don't EVER try this if you're "IFPPS" (hereinafter 'In Forma Pauperis Pro Se')! Assuming no "complete" breakdown of the judicial system (as previously documented?), Rambo et al. (et al. would indicate CSXT as formerly Smoot et al meant Smoot and Ruck) should actually have to produce a brief. Sure, granted "if" Rambo files something on 2-14-03 pursuant to the "revised" briefing schedule, Smoot's not likely to see Rambo's "metered" copy until 10 - 14 days later?  Just "little" tricks of the trade lawyers of "little" integrity engage in to properly represent the members of UTU?  One wonders when CSXT will shitcan Mr. Lewis for a "little" more tricky lawyer???? IMWTK? When Smoots filing with the Sixth Circuit turns green, you should be albe to click on it and read it in its entirety! Having trouble with the margins and may actally have to put it here in pdf to make it readable without scrolling!

Ruck about to be sued AGAIN? Inquiring Minds Want to Know?  Could happen as earley . . ., opps . . . early as next week and this one won't be the frivilous bullshit fight'in bob got away with, by and through the participation of UTU/CSXT Counsel, but rather will involve matters of serious concern to union members thoughout the land?  What exactly is a violation of the "Duty of Fair Representation" and can the Railroads and Rail Unions always prevail based upon a "unified defense"?  This one ought to really be good as "bad law" goes?????? Stay tuned!  Ah . . ., continuing rumors of imminent charges from a Grand Jury in Houston against "Sac-C/B"?  Say it ain't so big guy . . . who cares about about "Sorry Charlie" cause he ain't running for President in Anaheim, is he?  I think it's just a vicious rumor that you can't run for President of the UTU if you have "felony" charges pending? 

Where's that latest  "Officers Report" from 2002 that proves how often Byroon,  Shame on You, and Mr. Reality were actually in Cleveland?  How many VP's put in enough time to qualify for a yardman's vacation? IMWTK?  Has "U're" local filed their proposed changes to the UTU Constitution yet?  Want to cut down on those VP's?  Want to shut down the AMEX Card and double dipp'in?  How about a "Recall" provision to replace that worthless "Executive Board" who couldn't find any impropriety in the actions of the President if he bold face lied? 

Just returned from my NRAB hearing in Chicago; had a fantastic time and was totally surprised to see one or the premier distinguished Referees at the head of the Table when we walked in for our hearing?  The only thing more surprising than that was the admission of CSXT:

"The Judge was WRONG"

Did John Snow really have the guts to put out a letter dated April 17, 1996 to "Dear Fellow CXS employee:", "which outlines each CSX employee's responsibility to conduct businees in a manner conforming to the highest ethical, moral and legal principles."?  Ah . . ., do you suppose he might have forgotten to send in to CSXT Officers? Has the dinstinction between CSXT Officers and UTU CSXT General Chairman become so "blurred" that we no longer can tell the differnce - ah . . . , perhaps they ought to be "one craft"?

All joking aside, on Tuesday, January 14, 2003, CSXT will "piss upwind without getting wet", UTU will sit idly by (unless of course "Monty" writes the "Award" for them but UTU's Agent will "dissent" this time . . . it looks better that way!), Smoot's "second bite of the apple" will be just as poisionous as his first bite, justice will not be forthcoming, and the corrupt system of aribtration within the Railroad Industry will remain in tact!  Call it "Res Judicata" or any damn thing "U" want to but the powers that be in this country can overcome fact, reason, and well established law to get the "desired result" - Victory by any means at any cost!   My Congratulations to the UTU and CSXT Railroad on the eve of their imminent victory - YOU SHOULD BE PROUD! Not just anyone can turn the perpetrator into the victem and the victem into the perpetrator as UTU and CSXT have done in the Smoot Debacle!

Pardon our interuption but we are seeking to take old items from this site and also replace some of the poorer quality scans with the documents in PDF. You may not notice any difference other than some links will no longer work as we try to remove those links and get more organized in 2003!  Much of "News" is going to be deleted soon also as that is quite lengthy and goes back some time.  As the Smoot issue is still alive and well, nothing concerning it will be removed. Thank you for your patience, hang in there, and always have a nice day!

Coming soon: "Res Judicata; Can CSXT Piss Upwind Without Getting Wet?" Inquiring Minds Want to Know? 

Who is "U're" Delegate?  Is he/she going to place requests for a dues increase into the Constitution without the knowledge of the Local Members like Delegates did last time in Miami?  Is he going to vote for another "war chest" and then go home and say he didn't?  Is he going to fight union corruption and abuse of process in Anahiem?  Inquiring Minds WANT To Know? 

As the CEOEPE moves toward Semi-retirement and his "last Convention" (not to be confused with "The Last Supper"), I intend to make my "swan song" crystal clear as to how we need to proceed to survive in this next Century!  IT WON'T COME WITH A DUES INCREASE AND CONTINUING TO IGNORE THE TRANSGRESSIONS OF THE UTU HIERARCHY!  It can only come by being accountable/responsible for our actions, placing the welfare of the members above the hierarchy, and making integrity and honesty the conerstone of the union rather than lies and "smoke and mirrors"!

The Delegate

Eyes are twinkling in Washington, DC this week, as Rambo gets to return to the trough for some more of the UTU member's money in the Smoot Case!  The SMOOT CASE - Damn . . . I thought that sucker was dead and buried??? Our readers will recall the recent 5 or 10 G's we (Byron Boyd to be specific) spent to maintain a lie in Judge Petie's Court on the remand of the $100 G punitive damage!   It was previously addressed here and now moved to News but the essence was called the ORDER!

If you don't want to read it suffice to say Petie wouldn't allow testimony from me or Smoot and maintained the specious punitive damages at $100 G's even though the Sixth Circuit reduced the statutory damages from $250 G's to $20 G's. He kept Smoot from testifying when UTU and CSXT's attornies stipulated Smoot was in bankruptcy!  So when Smoot appeals Petie's ruling "in forma pauperis" cause he can't afford the $105 filing fee, Petie denies his motion to proceed as if he wasn't really broke! The Sixth Circuit gives Smoot a choice . . . pay the $105 or file an appeal with the Sixth Circuit by April 29 of 2002 for pauperis status!  Smoot opts for the latter and presto . . . , just 8 months later the Sixth Circuit grants Smoot the right to appeal "in forma pauperis" and issues a briefing schedule?  Hmmm, . . . perhaps the Sixth Circuit ain't to happy with the way Petie handled the Remand?

Hey, this could be "big bucks", "big bucks", "big bucks" for Rambo, et al, maybe even another oral hearing at the Sixth Circuit?. UTU members could end up spending 20 or 30 G's to maintain a lie and a punitive damage award that they could never collect in the first place!   My gut feeling is the boys are going to lose this one; luckily, Rambo, Monty, nor "little bb" can ever be held accountable for this sham that is wasting the member's money and detrimental to their best interests, i.e., to maintain the corrupt railroad arbitration system the UTU and the Carrier use so frequently to "get the desired result" (and in the instant case to gut the Board of Appeals decision and steal 30 shares of stock from a union member that CXST should have had to pay to Smoot and 100's of others similairly situated)!  How does that go . . . the Power of One, the PRIEMIER operating union in North America?  Smoot says it is "The Power of Scum; we will lie, cheat, and steal in order to insure a member does not get what the "final and binding" Board of Appeals allowed"! 

Speaking of Smoot, seems the First Division is finally ready to hear his case  on "remand" from Judge Petie when he wouldn't admit he had jurisdiction over a 153(q) case?  That goes this month in Chicago and CXST has adopted the "Monty Hall Chinese Wall Defense", i.e., the judge was right when he denied jurisdiction but he's wrong now since all appeals in court are dead.  CSXT and UTU have a lot in common when they enter a unified defense against a DFR case, i.e., they'll say anything that conflicts with what they previously said if it will help them prevail in the case!   Seems their lack of integrity rivals that of UTU's fearless leader? Hang in there and have a nice day. Ah . . . The Pauper Order!

Happy Holidays

Below is previous information removed from the homepage; above is items removed on 4-5-03!

I am far from a Webmaster; in fact, webdisaster would probably be more appropriate?  Example, I just learned I have email in a private folder that I didn't even realize was there until a friend said he sent me an email on my site.  So for those of you who used that venue over the past years . . ., ah . . . sorry - you now know why you didn't get a response! I will check it in the future and respond to those there as may be prudent. I did notice one fairly recent request from a UP member wanting information of BNSF's Attendance Guidelines account the difficulty our brothers and sisters on the UP are having with discipline in thes area. I shall post the BNSF's current Notice which is only two or three pages long.   The policy has been a disaster on this property and particularly in El Paso.

In any event, the El Paso Express is back  from an extended vacation and plans to remain active in 2003 right up to the UTU Convention in California this summer.

2-18-03: What the Hell is the CSC? Inquiring Minds Want To Know?

2-16-03: I am in receipt of a February 7, 2003 letter, received from the post office on 2-13, from UTU General Counsel Miller which states in body:

"Please find enclosed a copy of subject action served this date on the United Transportation Union ("UTU"). While my office (with local counsel) will be representing UTU in this action, and will assert defenses indicating no liability to UTU, it appears from the action (and its exhibits) that you are not aligned in interest with UTU in that regard. Therefore, my office will not be representing you in this action."

I regret I have been unable to place the actual letter because of my inability to get my scanner to work (keeping getting an error message during the process?), but I will get that fixed by Tuesday or buy a new scanner.

Say Monty . . ., when did you ever represent me?  It certainly wasn't when VP Earley sued me . . ., but then you didn't "really" represent the Executive Board members either, did you? In fact, when have you EVER represented THE UTU MEMBERS in a DFR case?  Bottom line is you ALWAYS enter into a "unified defense" with the Carrier to insure the "misbehaving" union representative is not held accountable under the law wherein the members may never receive what they should have been entitled too (As in SMOOT!!!).

Are you playing "let's make a deal" with BNSF on this one?   Have you convinced them that the applicable law can be easily circumvented, to wit:

"Any labor organization which represents employees in an industry affecting commerce as defined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor Organization in a district court of the United States shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets." (emphasis mine).

I shall respond to your letter Tuesday with a copy to the BNSF's Crosby and Rose and make that letter available here that same day.  I shall make ALL other information on this action available on Friday, February 21st. Whether you will be able to "nullify" well established law to the detriment of UTU members again is doubtful in this instance. That you  are willing to spend tens of thousands of dollars to attempt it is consistent with your historical pattern of specious legal theories designed to defraud UTU members of their rightful entitlements!

1-7-03:  I'm baaaaaaaaaack! Yes, the CEOEPE is back and out of the "funk" he has been in for months account matters that were in his control but were not agressively delt with consistent with his past beliefs and confidence! When the going gets tough, the tough get going and I'm going again - don't care where - Chicago - federal court here in El Paso - Senate Judiciary Committee - IRS - DOL - We got a lot of places to visit before the "Last Convention" in Anahiem!  Link added below.

1-6-03: What da hell is going on at the CNW?  I've been getting so much email that I guess the "express" better delve into this a "little" as it looks like more union corruption is about to take place.   Seems when the UP acquired the CNW some type of agreement was struck in 1996 to pay some 5 to 7 million dollars(?) for claims prior to that date? Ah .  . . , I don't know but that's a "shitload" of back claims! Don't even know if there was mishandling of if the parties (union and CNW) simply kept postponing claims handling/payments. In any event, the deal was struck and the GCA formed a sub-committee to determine which claims would be paid and how much. Now, some 6 years after the fact, a vote was circulated to change the payments and also allow the GCA to take $250,000 of the money? Say . . .  WHAT?  When you can click on CNW  below, we will have some "information" on whether union corruption, supported by the International Hierarchy, is alive and well on the CNW?

CNW Settlement Change Legal?

Below is the  information removed  from the home page and I hope the links still work.  I do plan extensive revision to the site in 2003, including removal of many old articles, etc. There is no plan to remove any previous newsletters or the Executive Session Transcript! In addition, no removal of criticism of President Emeritus Little or current President Boyd is planned as they earned their infamy by their actions.  When you get to a date below, that will conclude the information removed from the homepage!   Hang in there and always have a nice day!

Just returned from the New Orleans regional meeting and will do an article on it this week - Ah . . ., as "little sac-bb" is prone to say: "stay tuned"! I was just asked by an IBT member a question on "what corruption?" from a comment I had to my Vietnam brothers as I met with several while in New Orleans - actually explains my minimal presence at most social functions.  I believe he works for UPS but his name has not been used to protect the innocent; my email group with former unit members is private and cannot be accessed by railroaders or the general public since it is specifically for members of our assault helicopter company!  Here is my response to his question - "what corruption":

Name withheld to protect the innocent: IBT? Would that be the International Brotherhood of Teamsters? Saturday afternoon in a General Committee meeting, a guest speaker (UTU's National Legislative Director) gave us a "little" speech. He basically talked about the infamous history of the Teamster's Hoffa, Sr. connections to the mob and that the Teamster were "toughest" on their own members, killing numerous members when necessary. The whole point in this "history lesson" was for each of us to go back to our property and advise our friends in the BLE (Brotherhood of Locomotive Engineers - our International has been unsuccessful in putting them out of business since they refused to merge with us and they are now considering a merger with IBT to protect themselves from on-going raiding by the UTU - my union) that while UTU and BLE may be a little corrupt (gave several examples of minor embezzlements by local union officers?), BLE members don't have to now worry about their car exploding every time they start it (the inference that they may IF they merge with the IBT). Classic intimidation "UTU style" and if any reasonable man believed that IBT still had mob connections that would kill members, he wouldn't be stating it in open meetings with 40 or 50 people present? I won't pass along his message to my friends in El Paso but I will put it on my web page; perhaps if the IBT is that corrupt, he's the one that better worry about starting his car everyday?

I will document what I consider to be two cases of serious embezzlement of the members money, one with the recent help of the Department of Labor, on my web page this week. Not to worry about me, MY Union doesn't have to kill people; they simply lie, steal, and brand anyone who is willing to speak up as a disloyal traitor ("Except One")! Hithand - Lanny - 13. (for those "inquiring minds", 13 is just my callsign number while flying in RVN). PS: While Dan "Mr. Reality" Johnson (UTU GS&T) didn't address the RRB in the meeting I was in, he certainly "spilled the beans" about the new improved Job Insurance changes!  Thanks Dan - once the article appears, be sure to email me if anything in it is incorrect? Ah . . . , and I guess we can get that LM-2 now????

Yo, Mr. Reality, i.e., Dan Johnson, I just read this in the President's speech at Washington, DC: "So in choosing a union representative to be on guard, the other unions immediately looked to our Dan Johnson. They unanimously elected Dan to be a union watchdog over the Railroad Retirement Trust Fund. We are so fortunate to have so dedicated a trade unionist as Dan Johnson working for our UTU!" 

So I guess you are the guy that "must" have the answers to my questions?  How much of the RRB Funds have been invested to date by this panel and how are the investments doing?  Seems to me that the panel had the right to invest up to 10 billion beginning on Jan 1, 2002?  I mean, you put 10 B in a Jumbo CD you already made 30 million?  You put it in a "big ass trunk" under your bed you still got 10 B! You put it in World Com stock, you got zip!  How we doing there Danny?  Ah . . . , and by the way, when can we expect that LM-2 that is 5 months overdue? 

I didn't like the Word version of the New Orleans El Paso Edition so this one should be better?

 

Joy?

Agreement Passes?

No LM-2?

Seems the UTU has either obtained several extensions or is simply willing to pay big fines in order to keep the 2001 LM-2 report from the membership until after the vote on the "Trick Rate" Agreement and after the last Regional Meeting in New Orleans in August.  Ah . . ., can't have another embarassment like Greensboro where all the Special Reps pay and accurate figures from the LM-2 didn't quite jive with the "averments" of our esteemed President relative to our "strong and stable" financial position (haha)!  Obviously, things haven't changed therefore no report will be available to the membership until after the vote and final meeting.  Danny boy - stop signing those articles Frank writes for you and come to Cleveland for a day and sign the LM-2; we can't get it before New Orleans now no matter what.

Big "Contract" meeting in El Paso today but I had agreed to play in a golf tournament before it was ever posted.  Oh well, I'd just be a thorn in the side of whomever is going to try to sell, intimidate, and explain the "I'll gladly pay you tomorrow for a hamburger today" Agreement!  Actually, a non-agreement that let's the Carrier decide our wages using their records and some "panel" decide our H&W payments in the future that may be retroactive?   And if the Company Union® don't like it - why hell, straight to binding Arbitration!!!  OK boys and girls, can "U" say Mikrut, O'Brien, Yost, last two National Agreements, Smoot, Hillard Carpenter?  NO, NO, NO Mr. Referee, WE don't want the higher trick rate, we agree with the Carrier's lower trick rate (good job, Bob)! 

An agreement predicated upon binding arbitration when this Company Union® openly argued in Court and Court filings that they have the right to agree with the Carrier's position in Arbitration?  Openly argued that a District Judge does not have jurisdiction of a corrupt PLB decision in total disregard for the LAW (45 U.S.C. §153(q))? Ah . . ., don't need to hear the lies - I'm JUST SAYING NO!  Hang in there, have a nice day, and vote NO - let them use their corrupt system to shove it down our throats like they always do!   The UTU hierarchy will see "Us" in Miami in August next year and to coin a phrase from Mr. Cluster - "They won't have a bloody leg to stand on" when we are through with them! 

 

I was feeling very "guilty"; I have always had an edition of the El Paso Express ready for the summer regional meetings since . . ., I don't even know - 1993 or 1994?  Has my "occupational disability" jaded me to the concerns of my members and all in the rail industry? Have I become just another "whore" by my apathy?  Inquiring Minds Want to Know?  Suffice to say that any of you attending the Reno and/or Washington Regional Meeting have my permission to print copies of the newsletter and distribute it at your leisure?  I can't think of any reason that "U" would do that unless "U" no longer fear the "Except One/Power of One" philosophy that has gone out of control to the detriment of the dues paying members? Always have a nice day!

El Paso Express - Reno 2002!

Does "Intimidation" INCREASE with the SIZE of the FONT? Example:

The membership is voting on their job!   If the agreement is rejected the carriers will negotiate remote control with the BLE! 

In my 27 years with the UTU, never have I seen them stoop lower than the specious intimidation in their 5 page "FONT ASSUALT" that culminated in the statement above (On ONE page sideways - landscape)?

I have completed my review of the styled "Document A" and have determined that Harry Carrey had it right when he said (paraphrase, of course):

"UTU Wins, UTU Wins, UTU Wins!"

Yes, Brothers and Sisters of any union in the Rail Industry, UTU has hands down won the so-called:

"Race to the Bottom"!

 

When you can click on the above, you will have my opionion on the so-called new agreement identified as "Document A". It is the "Armageddon Agreement" and it is the worst agreement I have seen in my 27 years with the Railroad! The threat that you need to approve it or BLE will get the RCO is ludicrous. 

This "Agreement" is worse than the previous one AND it is YOUR agreement (and BLE's), the only question is DO "U" WANT TO COMMITT SUICIDE (VOTE YES) AND HAVE NO CHANCE OF ANY INVESTIGATION INTO UNION CORRUPTION OR WOULD "U" PREFER TO BE MURDERED (VOTE NO) AND HAVE AN INVESTIGATION INTO UNION CORRUPTION! Unfortunately, any vote for this "fill in the blanks" abortion that would pass, leaves every railroader in the same situation as a "suicide victem" once suicide has been determined by the medical examiner - case closed!

If you are post 85 and think they have protected you, you better not only read the new agreement again, but you better be able to read between the lines. In essence, this is a "non-agreement" than does "little" but leave everything open until after ratification and then sends everything to binding arbitration. 

Synopsis?  Are there members out there so stupid that they would accept this synopsis without reading the actual language agreement and alleged "Q and A's"? Example:  The Synopis states: under Article II - Optional Atlernative Compensation Program - "Alternative Compensation arrangements such as stock options, strock grants, bonum programs based on carrier performance and 402(k) plans, to be offered at the Carrier discretion and implemented by mutual agreement."  SOUNDS good right?   Unfortunately, the Synopsis does not even "suggest" that these options are " . . . IN LIEU OF the GENERAL WAGE INCREASES provided in Article 1 (in whole or part)." See actual language of Article II, Section 1.

Of course, it gets worse?    Section 2 allows the Carrier to notify the Union of how they intend to offer "alternate plans" in lieu of the 4%, 2.5%, and 3%, requires the parties "shall" meet, and prohibits any "arrangement" except if by "mutual agreement" of the "appropriate organization representative(s)" (Your General Chairman)!!!! Is this different from what was proposed in 1996?  NO - except that no vote is required.  Some of you may remember when the former GC tried to convice us to give up our last wage increases for a 401(k) and even gave hypothetical figures that made such detemination seem "reasonable". 

I disputed these figures vigorously, questioned whether we could trade National Wage Increases for plans that everyone might not be able to partipate in, and was successful probably because Bn GC Fitzgerald had the audacity to agree with me! Nothing has changed: if my GC (Jim Huston) attemptes to replace National Wage increases with any proposal under the so-called the "Optional Alternative Compensation Program", I will fight it and seek his defeat at the next Quadrennial Meeting!

Ah . . ., in that regard, My General Chairman is touting the agreement as is 99% of GC's.  There has been no change in the "EXCEPT ONE" philosophy that the UTU hierarchy endorses and therefore they are "ONE" with the Agreement and "ONE" with the actions against Smoot - ongoing since 1993. Suffice to say that if you know of "impropriety", you need to speak out to correct injustice! No VP or Alt VP in this organization has ever sought to publicly defend Smoot or the principles involved in the Smoot Case. Accordingly, I find they are all guilty for failure to act in good conscience!

I believe that this agreement is "The Agreement" (for both UTU and BLE - and I believe Hahs agrees!) and it makes no difference if the UTU members vote it down or not!  There is no fear of the NCCC granting RCO to the BLE and they have no need to given past practice of the UTU, the arbitrators, and the Congress should it proceed to a PEB (haha)! 

UTU and the NCCC would love to "DUPE" the UTU membership into "accepting" this pitiful excuse for a contract; it would relieve them of once again abusing the process of the Railway Labor Act when they "fabricate" a decision under binding arbitration! UTU and CSXT didn't spend a Million Dollars to defeat SMOOT; they spent it to insure that they (Unions and NCCC) controlled the process!  And now, they have "law" that says that they are allowed to sell out the employees in Arbitration!

Stay tuned to this site over the next week and I will attempt to show you why I have always said the Charlie Little was "Judas"! Why I have always called this agreement  "Armageddon" and why I now believe Byron Boyd is the "Beast" (BR549 won't connect you; try BB666)! Hithand - CEOEPE.

Big News?  UTU reaches agreement with NCCC on the overdue contract!!! With faith in Lord Byron and his motely crew at an alltime low, UTU finds something allegedly positive to be the focus of this summer's Regional Meetings - other than their continued failures.  I view it as much ado about nothing and my guess would be this:  They have given the bonus to all employees now, the Carrier has "submitted to the power of one" and agreed the original date for making post 85 employees whole was indeed the correct date afterall, and there will be no concessions in Health and Welfare as was done with the BMWE employees.  Pay out a "LITTLE" up front and the NCCC will get it all back over the life of the contract in the money they save on wages and fringe benefits from the employees furloughed by RCO Operations.   Geeze, thank God they are saving 3-400 Million a year on the RRB Act or they may not have had the necessary cash to pay "EVERYONE" that big bonus!!!

The Rumor Mill?

Usually reliable sources have indicated that BLE has caught the UTU with their pants down on the Tex/Mex.  You will remember that UTU forced BLE out of business on the Tex/Mex when they filed for a single craft of "Train and Engine Service Employees" but instead of the normal vote, NMB (thanks Maggie) did the change without a vote and allowed two years for the UTU to "develop" a relationship with the new employees? 

So guess what? The TWO years is up and even though all employees on the TEX/MEX are currently "represented (haha)" by UTU, they have apparently collected "A Cards" from about 90% of them to finally allow the vote they should have been allowed in the first place.  My sources indicate the cards should be filed this week and when there is a vote . . . Ah . . . , well, say bye bye byroon - BLE will now represent the TEX/MEX.  Good job Byron; how's that A card on KCS coming - going to be approved any day now, right (hahahahahahahahaha)?

How about a Smoot update since I have been really remiss in all areas of this website lately?  I think many an inquiring mind still wants to know if Smoot if really "over" like all those "special 'little' people" keep telling them?  Well hell no it ain't over; It ain't over until the "fat guy (little bb)" sings!  He ain't had to testify yet, but his day may come! The remand of the punitive damages was a joke, with "Peter the Great, aka "petie" (the almost honorable federal judge Peter C. Economus) refusing to take an affidavit from this writer or testimony and stifling Smoot's testimony by granting the stipulation of the UTU and CSXT's attorney's that Smoot is in bankruptcy. He upheld a $100 G punitive damage against Smoot because "he appeared" to give what looked like a copy of the Executive Session Transcript to AP Boyd at the 1997 Atlanta Region meeting. Ah . . . , makes "little" difference if the permanent injunction had alread been vacated?  HUH? 

So Smoot timely appeals to the 6th Circuit again, hoping to at least avoid $100,000 punitive judgment for something he didn't do and can proove he didn't do if "EVIDENCE" is allowed?   He is    bankrupt and therefore files "In Forma Pauperis" since he has no job, is living with his daughter, can't discharge his debt, and can't afford the $105 filing fee to the District Court!  Time passes and nothing happens.   Smoot calls the 6th Circuit and asks why he has not received a briefing schedule?   Seems they can't give one until "Petie" rules on the Motion to file in forma pauperis?

So why would a judge who agreed with the UTU and CSXT that Smoot was in bankruptcy to avoid hearing any testimony about his financial plight, deny Smoot's Motion?  Don't know; also don't know why he would wait 6 month to rule on the Motion?  But alas, that is why I have given him the nicknames "Petie" and "Peter the Great"! Click on ORDER and enjoy the wisdom of someone who may have "high court" credentials! Hang in there and always have a nice day.

 

The Power of One?  ISN'T IT TIME "U" got on board MEMBERSHIP ONE? 

Thanks to G. L. Chip for a $50 donation to the El Paso Express! Ah . . ., I don't announce these contributions to often - but everytime I get one! Thanks!!!   You are a class act, much like my favorite horse of all times - Seattle Slew!

Expenses? Or Expensive?

 Is UTU still in the RED? Smoot Update!   See News for a small blip on the Article under construction below.

The BLE Vote!

Writ III?

What actual function does the UTU Executive Board perform?  None is the answer as regards "Accountability"!

BLE Election update!

An Editorial by the CEO.    A Prayer for BLE Delegates: "May your decisions be informed, wise, and represent the best interests of your members"!

Open Letter to Byron Boyd

More Clint Babble?

Bad Law! Got seriously injured at work and gave up your seniority for a settlement that will protect you and your family for the rest of your life?  Such monies where previously exempt from creditor process wherein the injured worker could live and provide for his family without becoming impoverished.  Not so, If the United Transportation Union and the CSX Transportation, Inc. have their way!  So far, the good news is they have shown no inclination to establish a "debtors prison" also! See also the 4th Circuit Decision.

The Award, and  INJUNCTION!

HAVE A HAPPY LABOR DAY!

Say it ain't so - BLE Lawsuit?  Another Writ?  Another Writ has numerous companion articles that can also be found in the Table of Contents.  Read Boyd's Response below after you have read the Boyd I and Boyd II Charges and see if this is the guy you want interpreting the UAC!!!

Boyd's Response!

Merger Meeting and news have been updated! There are also several places in Merger you can click to see other new articles and my ballot!

Damn Canadians!

WILL BLE MEMBER'S VOTES MEAN ANYTHING? "U" Decide!

Quite a few years ago, my best friend and mentor, had to leave the railroad industry because he was poisoned by copper concentrate on the Southern Pacific RR.  The Illustrious Texas Supreme Court ruling that the trial judge determines who an "expert"  left his case dismissed even though his doctor had 25 pages of credentials as was well published.  Amazingly, he was given 24 hours to take a substantial buyout and it just happened to coincide with a risky operation scheduled at Baylor Medical.  Was it just concern from the UP?  I think not. It required he give up all his union duties?  To this day, I think it was set up by Sac-C and the union may have actually paid the buyout or UP extracted something of greater value from Sac-C!  Immediately, he received a letter from OSHA that it had come to their attention he was no longer in the rail industry and thus they did not have to answer his pending complaints/questions concerning copper concentrate?  Sac-C never anwered his letter concerning the NMB Petition  because he was no longer a dues paying member!  

The operation was canceled because it was too risky but my friend was still sick and could no longer represent his members! He didn't know they were going to cancel the operation and he didn't want to take the buyout - he wanted to represent his members! I convinced him he had to take it for his family. He mostly withdrew from many of his union friends except a few and would not take their calls.  I believe he felt guilt for "abandoning" them but they and I have always known he did what was best for his family under the circumstances. He has continued to help many and help with the Smoot Case.  His health is day to day with some days so bad he can't get out of bed. If any of the mangiomes (hope I spelled that right) in his liver ever break, he will die very quickly. He never complains about his fate and has recently began serving on the Civil Service Board - bringing a fresh approach to a Board that deals with El Paso City Empolyees (mostly bus drivers).

Many in the rail industry (both union and carrier) know and respect him for his ability and knowledge. Many feared him for the same reasons and that is why some wanted him out of the industry so badly.  He remains my best friend and is one of few people (since my father died) that I can leave my children with overnight and not only know they will be safe, but come back home a whole lot smarter!

Of course, I speak of Robert A. Cushing, Jr., delegate to the 87 - 95 Conventions, Local Chairman, Legislative Representative, Vice-General Chairman (Yard) and the best union representative I have ever met (ask anybody he ever represented also!). I have "conspired and colluded" with him since the orignal attempted merger of the AT&SF and SP and I pray I am lucky enough to continue said activities for the remainder of my life! Bob has graciously consented to do a Guest Column for the Express!  Thanks for everything, Bob! You are a powerful advocate in a world that grows increasingly hostile to the plight of the common man by showing little common sense and even less common decency!  

There is no doubt in my mind that there will be no UTU Convention in 2003 if the Unification Agreement and Constitution passes.  However, since the new "improved" union does not go into effect until January 1, 2002, it should be impossible for the BLE to cancel their upcoming Convention in Miami! 

Just Say NO!

Vacation?

Standing ovations? Hey, "little bb", you didn't get a one in Greensboro?  Ah . . . , no one with a El Paso Express shirt on to check who "lead" the cheers? I r