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EL PASO EXPRESS

The Washington Edition                             July 1999

July Guest Columnist

AN OPEN LETTER TO ALL SPECIAL REPS 

Recently several questions were directed to this office after the close of the regular local meeting of UTU Local 1571 wherein a Field Supervisor and a Special Representative ("special rep") were present (July 6, 1999).

Initially, the members wanted to know how certain individuals are awarded these positions of "special rep"? They wanted to know what are the necessary qualifications, years of service, etc. that are made part of the decision making process to have a member assigned to the service of "special rep".

I made them aware that, to the best of my knowledge, these were not elected positions, and it was my understanding that the special reps were appointed by the International President. Arguably, the International President would have some authority to appoint these individuals, flowing from Article 16 of the UTU Constitution, at lines 5 through 7, i.e. "The International President may employ sufficient personnel and such other assistance as necessary to properly conduct the business and affairs of the United Transportation Union."

Having explained that to the membership, they were confused as to whether the "special reps" were in fact employed by the UTU and if so what are is the specific nature of their employment relationship with the UTU?

I was further questioned, concerning the exact nature of the job duties and responsibilities that were necessary to be a "special rep", and what were the unique qualifications that made the existing and numerous "special reps" uniquely qualified for the positions that they hold. What level of education is required, is a bachleor’s degree adequate, what special computer skills are necessary, what special training is required, were just some of the many questions. The most disconcerting questions addressed to me dealt with the idea that the "special reps" were nothing more than political operatives of the International President. I explained to the members that such actions by our International President would definitely be improper, if not illegal, however, such could be possible?

Since each of you is well aware, or should be, that all of the class one carriers have gone to centralized crew dispatching, with CRT’s at various locations for the members to check their standings with respect to work. The members explained that, even though the UTU maintained a web site, providing electronic access for the membership, and it at least appeared to be a costly and sophisticated web site, they had never seen any link to UTU employment opportunities for "special reps", bids for the positions of "special rep" or applications for same..

There was further inquiry concerning how much money was spent on the "special reps". I reminded them that the financial records of the UTU for the year of 1998 reflect that one million six hundred thousand dollars ($1,600,000) had been spent in that calendar year for "special reps". If equal amounts had been spent in each month, that would amount to roughly one hundred thirty four thousand dollars ($134,000) per month. ( To fully understand, it breaks down to four thousand three hundred eight three dollars and fifty six cents ($4383.56) per day.)

The members then did some rough calculations, and arrived at the conclusion that the UTU, based on 75,000 dues paying members takes in $1,162,500 per month and the cost of the special reps amounts to roughly 12% of the dues dollars collected per month.

Having been made aware of the amount of dues dollars that were expended on the "special reps", I was finally questioned concerning the diversity guidelines that were in place concerning the employment or appointment of same. Though I have never in my travels observed compliance with any type of diversity guidelines with respect to the "special reps", surely the law would provide that such guidelines should be strictly adhered to, but aware of the problems with the Job Benefit Fund, the International may have gotten a legal determination that diversity guidelines would not apply?

I had never really thought about it that way, but I know the members are right, and I feel that they deserve some honest answers from all the special reps?

As we all well know, in most cases the act is often overshadowed by the public perception of the act, and in the face of a possible representation vote concerning the "new craft or class of train and engine service employees", each member needs to be told the truth.

This letter will be posted on my website, and I would encourage each of you ("special reps") to provide a responsive reply to the members addressing each of their concerns.

Thanking you in advance for your cooperation in this matter, I am

Fraternally yours,

Lance E. Ruck

Local Chairman (CT&Y), Delegate, & Legislative Representative - UTU Local 1571, El Paso

The Next portion of the Washington Edition is the NMB filing in it's entirety. Click here if you have not already read it!  In between Attachments 5 and 6 in the hard copy (available upon request) was the following:

Where’s the Bus (Beef)?

It wasn’t in LA? It wasn’t in St. Louis? It wasn’t at the El Paso Mini-Region Meeting on June 21? Will it be at the Washington, DC Meeting? The schedule on the UTU web site says it will? For those of you who may have missed it in the St. Louis Edition, the Express ran a "little" cartoon because of all the lies told about the bus over the past several years until the truth finally came out courtesy of Earnst & Young - seems it did come from the job benefit fund and will be repaid immediately following "other" pending repayments and be completed by 2006? Isn’t that Special! But this Cartoon is a must for the Nation’s Capitol given its slightly political tone?

"Liar, Liar pants on fire"

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So, tell me this, if we have no secrets, how come we (UTU Leadership) kept lying about the financing of the bus? Hell, if we have no secrets, why couldn’t we make things public? If we have no secrets, how come the El Paso Express is the only publication to ever print the alleged, illegal "Settlement Agreement and Release"?

AL?

No, not Lankford or Chesser - Mr. Gore - will you give us a nice speech written for you like the one for the Governor of Missouri wherein you tell us what great financical shape UTU is in? Where you tell us UTU is the preeminent rail labor organization? Did you know the rest of rail labor and AFL-CIO are fighting our specious NMB petition? Will you risk 13 million votes to pick up 75,000? Will you be mentioning the ongoing criminal investigations into the finances of UTU by various governmental agencies? Hang in there and have a nice day!

TODAY’S LEGAL LESSON

Did "u" know that 29 USC 501(c)[relating to embezzlement from union funds] and 29 USC 186 [dealing with restrictions on payments and loans to labor organizations] are part of 18 USC Section 1961?

IT’S THE LAW!

Hey, where the hell is Attachment 6? Well - back to NMB Filing execpt we did have this cartoon on the bottom of page 3 of Clints "little" Memo, to wit:

Next comes Who Am I, which was a portion of page 19 of the Washington Edition. The remaining portion was the following:

Smoot Over? I think Not!

Ken has a telephone pre-trial on Monday relative to his malpractice suit in Toledo, Ohio. Then, he will be my guest in the Nation’s Capitol, passing out what "appears" to be the "Washington" Edition. Treat him nice, he may own this UTU when all of his litigation is done!

Of course, the last page is the standard UGLY mailing page which has been in existence since 1891 with the disclaimer - opps 1991? "u" know what I'm talking about, the one where I professionally white out the date and put in another one!  Stay tuned, when I get back "u" can see the pictures from the Nation's Capitol.  Will Smoot and I sit on Abe's lap for a photo session? Will Smoot and I picket the Supreme Court - Come out an fight like a man, We demand Justice(s)! Will Will make an appearance?  Hey, Bob, how many cases did we win (total) before the Board of Directors? ZERO?  that many? Will the ghost of Early Perjuries Past make an appearance? Will the Bus suddenly appear, with or without David Copperfield? Lifelong subscription to the El Paso Express if "u" can answer this trivia question: "how many of Baby's toys are normally in the designated storage area? Hang in there and have a nice day! While Lance visists "The Wall", Sac-C and the Special Reps will wish he was buried there!  OK, Special Reps, let's fill out those questionneres - don't forget to sign your name because the Express can't improve our services unless you participate! Hey, How about a Special Rep Shootout wherein all us lowly members get to ask questions of the Special Reps?  Big rumor out - the ONLY POSITION in this Union is the position of the President - so if "u" have another position then Be It Known that "u" are wrong!!!!

Come visit with me in Washington!

Contrary to what the Special Reps are putting out, I have had my shots!