TUCSON EDITION

21NMB35

UTU POISED FOR VICTORY?

Yes, if you believe Sacrosanct Charlie and the UTU hierarchy, UTU is poised for victory on two fronts: the so-called "Unity Initiative" and what I now refer to as the "Greenpeace Initiative", similar to the "Save the Whale" campaign but specifically, "Save the reputation of Bob Earley, the UTU, CSXT, and NRAB". See Favorite Selected Readings, page 2 of the Houston-Reno Edition of the Express (available upon request) wherein punitive damages are due UTU and CSXT for Smoot having the audacity to catch them selling him out behind closed doors in "Executive Session" of PLB 3882.

Yes, even the controversial editor of the El Paso Express was previously invited to the Tucson Mini-Region Meetings in the past. In fact, one of the founders of this great meeting is none other than Tom Moore - yes the very same Tom Moore who nominated the CEO of the Express for his incumbent position on the Board of Appeals at the 1995 Chicago Convention with a nominating speech to the effect that every Organization needs dissidents who speak out because even if we don't agree with them, they make us think and they are entitled to voice their opinion (Certainly Tom will correct this if it is inaccurate and I welcome his comments). For those of you who may not know, I was the only incumbent member of the Board of Appeals who ran for re-election and lost. Apparently, my glib tongue, my support of Cliff Bryant, and my attack (placing the record before the delegates) on Bob Earley didn't earn the blessings of His Eminence.

So, invited or not, I am here to voice my opinion. However, I have learned that the hierarchy, after their initial foray in 1996 into "open meetings ask anything you want", has now developed the "fill every minute of time and leave no room for questions" as their predominate philosophy. Ergo, I voice my opinion and questions in the Express and present copies to those who believe they have a right to read it. At NO CHARGE I might add - Uh - contributions always welcome! I have with me back editions of the Express and they are available to anyone who asks as long as they last (I didn't bring that many even though I have hundreds). In fact, I was going to request the "Unity Initiative" committee that was allegedly going to be in El Paso with some high tech bus if they had room to take them over to Tucson? Where's the Bus?

"UNITY INITIATIVE"?

The CEO is pissed! I received an invitation postmarked from Cleveland, Ohio (my dues dollars paid for the postage) to wit: "MEMBERSHIP 1 ARRIVES IN EL PASO AT 1627 MONTANA AVENUE NOVEMBER 14 - 15 - come visit UTU's mobile classroom and learn about the UTU - hours - Saturday, Nov. 14 - 7PM - 10 PM - Sunday, Nov. 15 - 9AM - 5PM - MEMBERSHIP 1 WILL BE MANNED BY TEXAS UNITY COMMITTEE MEMBERS WHO WILL ANSWER YOUR QUESTIONS ABOUT THE UTU UNITY INITIATIVE" (SOUNDS GREAT?)

Question 1: Is it true the bus has the latest in satellite location systems which can pinpoint it's location within one meter?

Question 2: Where the hell was it a 3PM on November 15 when I was at Local 18's office at 1627 Montana looking at an empty parking lot?

Question 3: You invited me there but you weren't there, am I entitled to car mileage?

Question 4: Is it true that some members from Local 1918 were paid one or two committee days from the International to visit the bus on Saturday, November 14? If yes, did the International also pay any members from Locals 18 and 1571 to visit the bus?

Question 4: Unity is defined as "singleness of purpose or action"/ "a state of mutual understanding"; hasn't UTU basically told BLE "Merge or Else"? Hasn't every other rail labor organization condemned the actions of UTU?

Question 5: Have you ever read the primary legal basis for UTU's averments to NMB, i.e. 21 NMB 35?

Anybody on the "Unity Committee" or in the International want to answer these questions? It is often said of myself, and especially Mr. Robert A. Cushing, Jr., recently resigned from the UP, when arguing with supporters of the UTU hierarchy, that we "know to much", i.e., well maybe you know it's all bullshit, but the average member doesn't! The inference being a "Little" Knowledge is a dangerous thing, especially to a corrupt hierarchy. ANNOUNCEMENT: I AM RUNNING FOR . . . . ooops - Brothers and Sisters: presented within the confines of this humble newsletter is 21 NMB 35 almost in it's entirety (crap - I lost page 5-but in it's place you will find a substitute page which gives some clue how to access knowledge you shouldn't really have) for your reading pleasure. Read it then go back on UTU's Website and read how "IT'S THE LAW" and Sacrosanct Charlie's promises of guaranteed preservation of craft autonomy might reasonably be questioned? I certainly wouldn't want to ask a UTU member on the FEC for his opinion?

Question 6: How much do "Unity Initiative" employees receive in compensation, how many of them are on the payroll, and how much have we spent to date? If the NMB does not allow a vote, would that money have been wasted?

Question 7: Is the latest request to stay the decision based upon an attempt to buy-out top BLE leaders? If the answer is yes, would the money come from the Maintenance of Membership Fund, the General Fund, or the Job Benefit Fund?

"SAVE THE REPUTATION"

The UTU, at the behest of the International President, the General Counsel, and the majority of the Board of Directors has gone on the offensive in order to save the reputation of Vice President Robert W. Earley, UTU, CSXT, and allegedly the NRAB itself. The theory being that Smoot was in fact guilty of a unlawful interception, used it to harm Earley's reputation within the UTU and to harm the entities of UTU, CSXT, and the NRAB, and recovery of the judgment given against Smoot in UTU and CSXT's counterclaims will somehow vilify Smoot, thus cleansing the reputations of Earley, UTU, CSXT, and the NRAB? The malicious prosecution and abuse of process in this case is as unprecedented as it is immoral and could literally lead to the financial ruin of UTU. No don't look in the UTU news or on the UTU Website for information on this subject, you won't see it. In fact, at the Reno Meeting, UTU had just been issued their "JUDGMENT", yet there was not one word said other than the President's statement UTU has no lawsuits pending (which met with resounding applause)! However, at a minimum, that is incorrect relative to 1:94CV0485, Smoot's hybrid lawsuit against UTU and CSXT (See H/Reno ed.), as the appeals court has yet to rule on the appealed Summary Judgment granted UTU and CSXT in that case.

The problem here is the members don't understand that UTU winning this lawsuit is detrimental to their best interests and their rights under the law!!!!

"IT'S THE LAW"

You can visit the "classroom on wheels" but they won't teach you this: 45 U.S.C. ' 153.First (q) states in pertinent part "(q) If any employee or group of employees, or any carrier, is aggrieved by the failure of any division of the Adjustment Board (common referred to as NRAB - National Railroad Adjustment Board) to make an award in a dispute referred to it, or is aggrieved by any of the terms of an award or by the failure of the division to include certain terms in such award, then such employee or group of employees or carrier may file in any United States district court in which a petition under paragraph (p) could be filed, a petition for review of the division's order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Adjustment Board. The Adjustment Board shall file in the court the record of the proceedings on which it based its action. The court shall have jurisdiction to affirm the order of the division or to set it aside, in whole or part, or it may remand the proceeding to the division for such further action as it may direct." One should read the remainder of (q) and 153 First in its entirety if you're going to work in the rail industry. Specifically, PLB Awards may be overturned for fraud and corruption and two other reasons.

In the instant case, I sat in the Honorable Judge Solomon Oliver, Jr.'s chambers when he notified me, General Counsel Miller, and Earley's Attorney that it is apparent from the Award itself, he (Smoot) needs a new hearing!!!!! NRAB's reputation is not at stake here, despite the averments of UTU and CSXT (their unified defense in the prosecution of their counterclaims, i.e., the all edged unlawful interception of the Executive Session of PLB 3882 held on the CSXT's property) for two reasons: First, the US Attorney General from Ohio representing NRAB cited federal law as to why NRAB was not a party to Smoots hybrid action (Smoot readily acknowledged that fact in front of Oliver and voluntarily dismissed them from the lawsuit. In their averments, the US Attorney made it clear the district court had jurisdiction over this matter and the remaining parties, i.e., UTU, CSXT, and Smoot. Second, the neutral, turned in UTU and CSXT in the Award itself by his use of the word "extrinsic evidence" and by clearly announcing that the UTU and CSXT had no dispute (he had no jurisdiction).

However, UTU's summary judgment, filed in violation of the case management plan, was granted three and one half years after it was filed stating in pertinent part that the judge had no jurisdiction to review the award? This is clearly contrary to THE LAW (q)!

As I am running out of time (1:52 PM MST - I leave for the Tucson meeting in less than 24 hours) it occurs to me that I would best be served by herein attaching my recent appeal to the Board of Directors, my letter to General Counsel Miller, his response, and my penultimate (don't know what that means? Ask George Lutey! Hey, George, I'm coming to Overland Park, Ks. for Bailey's re-election [third or fourth week of Jan. 99 I think) - like to buy you and your wife dinner and drinks and talk about the good ole days?) letter.

Obviously, this is a Very Special Edition of the Express because it remains to be seen how many copies I can afford to make for Tucson and absent some stroke of luck, I can't afford to mail a three stamper to the 1000 UTU members who would normally receive this newsletter - quick math 1000 X .78 ' $780 postage - to the UTU international representative who was here recently badmouthing me in front of local 1918 members - I confess - I had to call Cushing to do the math for me!

I DIGRESS

Hey, ya you, the brother or sister who is reading this; did you stop, find the communications referenced herein above, and read them? If your answer is no, then follow these simply instructions: Stop reading Now! Look for something entitled "EXHIBIT 2"! Read it all Now! After completion of reading, return to this spot - (! Thank you, you are too kind. And for those of you who don't understand yet, admit upon information and belief, you are an engineer? Ohhhhh, Catcalls, Boos, Redneck, Racist Pig, Expletive Deleted, Etc! My apologies to UTU-E and BLE Engineers, but you don't understand how difficult it is to keep the attention span of "others in the industry", formerly called Switchmen. But why worry about them? After the Armageddon Agreement, they can be readily classified with Fireman and FEC former craft employees - History! A Minute of Silence for the crafts that use to exist on the Nations Railroads. In fact, us lucky remaining employees should give thanks here a now; let's all assume the mantra position, place you hands on your knees, fingertips touching (get inside a pyramid if at all possible) and say in unison 15 times "I am a Train and Engine Service Employee", "I am a Train and Engine Service Employee", - opps - finish on your own, I'm running late again. But this does remind me of a recent vacation in Iowa where me and the kids visited the "Children of the Corn" Museum/Mausoleum. You sit under a pyramid of corn stalks and say in unison "corn is the only food group"!

Similarly, 153 (q) is the only restitution an aggrieved employee has to overturn a fraudulent PLB or one done wherein the Board had no real dispute but only gave the parties what they wanted (See Mikrut, O'brien, Yost, last National Agreement, Etc.). So while the UTU argues, or intends to spends thousands, probably tens of thousands, to argue us UTU members are not entitled to go to the district court C "IT'S THE LAW"!!!! The question is why will or would they argue against the law? The answer is simple - They are Corrupt!

Put this in a simple context. If UTU is your only bargaining agent under Article 44 of the UTU Constitution (your employment agreement with the union) and you have no recourse other than the appeals process within that Constitution, and the Appeals process is final and binding but can be nullified in executive session, what do you have? Brothers and Sisters, you have exactly what Sacrosanct Charlie and the present hierarchy want you to have - the right to pay dues and shut your mouth!

Let me finish with the bottom line on what I have referred to as the "Greenpeace Initiative". It involves these points: 1. I have spent $40 to $50 G's defending myself from accusations that I violated the Federal Wiretap Act. I assure you I have thoroughly researched all available court cases and have come to one overriding conclusion - Neither Smoot, nor I, nor any defendant subjected to Earley's frivolous lawsuits (including the Executive Board - past and present) EVER violated the Federal Wiretap Act! 2. The UTU and CSXT Judgment against Smoot if fraudulent and will either be overturned on appeal or the members will pay millions for a "sealed settlement" (See SAR within this document - not that the SAR is a sealed document, rather it has never been presented to the membership to allow them to know what their rights are as regards the alleged "unlawful transcript" and the members right to view it and determine for themselves if Earley's action's were in the best interests of the membership). 3. Absent ability to buy out Smoot, UTU will face another Volkman, Sears, or Blankenbaker type payout. Remember, UTU member's dues are the sole source of revenue other than interest on investments of UTU (Seems all our(?) money is invested in Canada?)! 4. The actions of UTU are immoral and disgusting. They are not trying to implement a "judgment" but rather are attempting to execute upon a judgment which they know will be overturned in order to force Smoot into another bad settlement (he settled a FELA injury settlement worth a half a million for half that amount because he was destitute and facing bankruptcy in the face of his illegal firing by UTU and CSXT, the ongoing litigation, and his time without pay for an on duty injury!

Financial bottom line: UTU has paid approximately $300,000 to protect Bob Earley thus far! They intend to spend another $50 to $200 G's to attempt to maintain the Summary Judgment, the Judgment, and Execute the Judgment. Can't happen! Nalley v. Nalley is a precedent setting case within the 4th Circuit in Virginia and the judgment seeks to collect no actual damages, only statutory and punitive damages. See again the H/Reno Edition where Earley perjured himself to open up UTU and CSXT for the punitive damages. UTU, by and through it's counsel, John "Rambo" Edmonds (One tough lawyer), is out there knocking off $20 G's a month to collect a specious judgment which was done without the necessity of a pre-trial conference and a record of such? Likelihood of Success in this writer's estimation - ZERO (0) PERCENTILE (%)!

But, don't take my word for it; after all, those of you in the know have been warned about this radical freelance editor who intends to destroy the Union through the powers of his well-financed El Paso Express.

"LETTERS TO THE EDITOR"

Dear Mr. Ruck: While we have not met personally, I have attended several local union meetings at which you were introduced and spoke. This letter is to advise you that certain people, who identify themselves as representatives of the UTU International, have visited my local lately and have categorized you and Mr. Cushing as autonomous local representatives who work outside the union structure.

While I am new to the railroad industry and not sure what that actually means, you should also know that they suggested that your El Paso Express Website will never be updated now that Mr. Cushing has left the railroad industry? While I have never seen any Website, I did get one copy of an El Paso Express at a meeting I attended and I must say I did like it. It appears you are swimming upstream and these people don't like you or Mr. Cushing.

These people seem very intent in their position concerning you and Mr. Cushing and they seem very authoritative in their representation of the UTU International. Long time union officers did not question their authority, I didn't either. However, I did think you should know. I regret I cannot sign this letter as I do believe it could be detrimental to my future with this local.

Signed: Concerned UTU member

Ed: Thank you for your letter. Let me commend you for having the courage to even write the letter as a "new employee". Of course, this also confirms a recent El Paso Express observation that the new employees are well educated, i.e., you are already smart enough to know you should conceal your identity for defensive purposes.

Alas, I must confess, my Website has not been updated in several months because of the unavailability of the former Technical Advisor of the Express, the Honorable Robert A. Cushing, Jr., no, I meant the Venerable Robert A. Cushing, Jr. In fact. let's be candid here, the UTU hierarchy is right, I never had a mind of my own, from the moment I met Robert A. Cushing, Jr. in early or mid 1980's when the railroads attempted the first Santa Fe/ Southern Pacific Merger. He dominated every aspect of my life from that point on, as he did with the SP and all others with whom he came in contact with! Now that I look back in retrospect, I think he was from another planet, an alien, the X Files thing, you know, knew more than he was suppose to type thing as a result of Devine intervention!!

I have now recovered from this highly dependent relationship; I traveled to the land of Oz and got a brain of my own. You will note the significant difference in previous editions of the El Paso Express, allegedly written by Mr. Cushing, and the current Tucson Edition of the Express, written by the new, free, independent, cooperative, self-confident Editor and Chief of the Express.

September, 1998: Hope this helps you to Keep up the good work (Union Check for $200). Local 1???.

Ed: Oppps - can't divulge your designation even though you had the courage to send your contribution without any disclaimer!

Bottom line is, while some Locals still think they are autonomous, they are no different from the General Chairmen throughout UTU: puppets to the New Regime, opps, I meant the New Beginning. Any General Chairman or Locals who have any doubts as to their autonomy, may E-Mail the Express at www.IthinkIam.auto.com! For those of you who do not have E-mail and those who do, the response is the same: www:utu.org.no.auto.com.

Local autonomy? Seems a Field Supervisor (who is also a consultant for a Designated Counsel) and the President of a Big Local in the Dallas/Ft. Worth area, represented themselves as representatives of the International and summoned Local 1918 officers to their hotel to advise them that now that Cushing is gone they will toe the mark and injured employees will use this particular designated counsel. Now Sacrosanct Charlie is already interfering in the delegate election in that local and I'm now told the scheduled local meeting was canceled at the request of the field supervisor until he can attend? I am reminded of the line from Butch Cassiday and The Sundance Kid: "WHO ARE THOSE GUYS?"

"ELECTIONS - 1999 MIAMI?"

Whoa? Did I see this right - Mr. Roger Griffeth, current GS&T is running for President? Jesus, what a relief; I don't have to run now that there is a viable candidate. Yes, Brothers and Sister, I did have a delegate other than myself who would have nominated me for President of this esteemed Organization had no one else run against Mr. Little at the Miami Convention - I would have given a speech warning the delegates of the danger of re-electing "Sacrosanct Charlie", the AAR's choice for UTU President. Not necessary now, we have a viable candidate - a man of honor - a Christian I'm told (didn't they feed them to the lions? Hell, I don't know, but I have a cousin who is a friend of a friend who personally knows Barry Sanders - hell - he would know wouldn't he?).

So there you have it, We got Us an Election! Now I'm not making a snap decision, but I had previously decided that I would vote for the Texas Frog who developed a nervous tick account Louie's bump off attempt rather than Sacrosanct Charlie! Reasoning: albeit the nervous tick , the Texas Frog was still able to determine Right from Wrong!

I met Roger Griffeth around 1993 or 1994 when we both presented cases to the International Board of Directors. As I recall, Roger was there with a lawyer protesting the election results of the Georgia State Legislative Board. Who knows why I was there, as I am known to protest everything that I don't think is done within the confines of the UTU Constitution. I have since learned recently that Roger is blamed for providing Smoot a lawyer? Not true! Several years later, certainly before the Chicago Elections, I contacted Roger at home in Georgia with a simple request, i.e., what was the name of the lawyer who represented you before the Board of Directors. Roger had no idea that his attorney would untimely file the original Smoot Hybrid lawsuit, and run like a raped ape when Highsaw & Mahoney put him on notice that he was no better than Wuliger. To make a long story short, he agreed that a TRO was not prejudicial to his client, and ran like a raped ape! It doesn't make a difference if you don't understand the intricacies of the internal legal process and the abuse of process - it's not necessary to the story.

I suppose the straw that broke the camel's back for me and Smoot was the unbelievable last question at Smoot's telephonic deposition held November 17 (last Tuesday) in the offices of his appellate attorney. "Rambo A asked if A . . . Lance Ruck, Robert Cushing, or Roger Griffeth ever advised you (Smoot) how to hide your assets"? Smoot was floored by the question! Not that I or Cushing was mentioned; but Roger Griffeth? He didn't even meet Griffeth until the Reno Meeting, I don't believe? Does this President suffer from some serious paranoia?

Rumor has it that Mr. Jack Arnold has announced for the position of Assistant President? Say it ain't so Jack! Shoeless Jack, as I like to call him, since he was a member of the 1891 (oops 1991) Executive Board who was allegedly guilty of a Federal Wiretap Violation, was the only member of that Board who stepped to the plate an said "Foul", I ain't signing noth'in honey that pays that [expletive deleted] Earley anything. As you can see from the "Settlement Agreement and Release", they did change the language to indicate that the Executive Board did not authorize any payment to Earley.

While the Express appreciates Byron Boyd's acknowledgment that you should not have a PLB if there is no dispute and he didn't receive the "Executive Session" from Smoot at the Atlanta Region Meeting, the Express shall be unable to support him account his own inability to determine right from wrong as the Chairman of the Board of Directors and his role in Yost. And, as I am concerned whether the International leadership will open itself up for questions from the floor in Tucson (or call on me if they do), here is a Question EXPRESSLY for the Assistant President. Did UTU pay over $10,000 for your American Express bill approximately one year ago? I'm told it was for travel? Where did you go - on the Space Shuttle, another trip to London or Hawaii? Of course, as Clint likes to point out, this is probably a matter that the members have no right to know, I mean, after all, our dues only pay your salary and expenses!

Where did the money to pay the bus come from?

A. Interest off the Credit Card ? (Houston)

B. The designated legal counsel? (Reno)

C. The Job Benefit Fund? (Ouch)

D. A combination of the above?

Could anybody give me the current amount owed back to the Job Benefit Fund? What? 8 or 9 million by now? Didn't the Delegates reject a dual dues structure in Chicago? Seems if you taking money out of a trust fund those of us with job benefit are paying more than those who don't pay for job benefit?

The El Paso Express will update it's Website by Christmas if not sooner. The truth is its all I can do right now to keep up with the volume of E-mail I get. The address is still the same: http//home.elp.rr.com/elpasoexpress. Rumors of the demise of my technical advisor are greatly exaggerated.

Thanks to recent contributors: $200 from a local in Ohio, $100 from G. L. Chip, $30 from Mark Rossenfield? And I believe there were several others whom I will find when I update the Website.

Come meet me in Tucson and check out my new brain now that I am no longer totally dependent upon Brother Cushing. And seriously, for those of you who do have genuine concern for Bob's health, he is hanging in there but his condition worsens as doctors debate what to do. He is on a liver transplant list. I did invite him to come with us to the meeting but he has been avoiding most people on the railroad.

"SPECIAL ONE TIME OFFER"

As the Supreme Court rejected my Appendix - Petitioner's Table of Appendices - I have 40 copies lying around. So I've decided to bring 10 with me to Tucson and autograph each for anybody who would like to make a $50 donation to the Express. This is hours of enjoyable late night reading that you won't want to be without. Included are such favorites as the alleged, illegal Settlement Agreement and Release, the Order of 9/24/97, the Notice of Appeal, Communications/Suggestion En Banc, '2510 et seq. And '401 et seq., FRAP R44, Board of Appeals Case No. 307, Award 155, PLB 3882, the De Facto TRO, Opposition to Dismiss Appeal, Opposition to Reconsideration, and last but certainly not least - the infamous Executive Session Transcript!!!!

In fact, you die hard Earley supporters might want to call Bob immediately (If you can find him - no one seems to know where he is anymore - I just figure he's either in perpetual executive session or out perjuring himself somewhere). Bob will authorize you to pay $50 bucks (I'd get the money up front if I were you), and then he, or UTU, or CSXT is entitled to another TEN GRAND! Whoa, now is that a return on investment or what. Wait, 40 copies to the Supreme Court - Oh no, I owe $400,000 to someone? Oh no, Jack - you owe a Million! But wait, you're protected by "SAR" , Right?

These boys have some audacity to try to collect $100,000 in punitive damages from their victim based on perjured testimony in a proceeding that didn't even have a pre-trial or a jury! Frankly, CSXT is not racking up $100,000 legal bills trying to collect on this specious judgment as is UTU. In fact, I dare say they are embarrassed to be part of this pathetic hypocrisy. You watch them run for cover when Smoot files the Malicious Prosecution and Abuse of Process lawsuit. But the good ole boys at UTU will "fight the good fight" all the way to the poorhouse. Ain't that right, Clint?