UTU proposes to merge with the Sheet Metal International Workers Association.
To create an Organization to be named SMART:
There are documents posted on the UTU web site with a proposed merger agreement to establish SMART and to eliminate the UTU and establish our organization as the Transportation Division of SMART. You should review this proposal very carefully as it will have a huge impact on the future representation you will be receiving from your labor organization.
This is what is known: “… which includes the current UTU Constitution inconformity with the SMWIA Constitution”. Know one knows for sure Who, When and Where this melting of the two constitutions will take place, but it would only happen after you vote and you and the delegates may not have a voice or a vote on these constitutional changes. This is not like the past effort to merge the BLE and the UTU, when that Merger Constitution was clearly laid out for all to review.
“SMART shall be governed by the SMART Constitution which shall be the SMWIA Constitution”.
As of now, there are too few facts and details lacking in this proposal to be able to make an informed decision and members would certainly prefer to have an opportunity to ask questions in a public forum where the answers can be documented and heard by all and memorialized and recorded for future reference. As of today there are no real plans laid out for International officers and others to have educational town meetings across the country for the benefit of the members.
Until that time you may want to just say NO to the merger proposal and ask that the International of the UTU to hold an open debate on the merits of this endeavor at the UTU Convention which is to be held on August 13, 2007. It seems very unusual that this agreement by international officers is being hastily shoved through prior to the delegates meeting and having an opportunity to ask the important questions.
In the 15 page merger agreement the (6) senior International Officers of the UTU would go over to SMART as General Vice Presidents, while the remaining Officers would be transformed into International Representatives and Organizers. No one really knows the mechanism for future filling of those positions as the details are lacking. There would also be an attrition of the Assistant President and GS&T of the UTU and when that happens, the next two senior Vice Presidents would be moved to General Vice Presidents of SMART. The SMWIA would have (11) VP’s and the General President and General Secretary-Treasurer.
If a member is looking for details regarding the duties of office, disposition of locals, whether certain union officials are elected or appointed; your guess is as good as anyone’s. It seems that the merger document presents a vehicle for the merger to take place, but doesn’t really say what is going to happen once it does take place. We do know that in 2011 that General Executive Council action has to be taken by them in order to negate the merger agreements termination in accordance with article XIII. So what does it all mean, are we voting for a merger or just an association with another union that will eventually just fold us into their organization as a sub-part known as section 21(b)?
Article I, section 4 of the SMWIA constitution: “Between Conventions, all general executive, administration and judicial powers of this Association shall be vested in the General Executive Council”.
As for ratification, it appears that the SMWIA members do not have a Vote for this merger as the Executive Council of the SMWIA will decide for them. The SMWIA/SMART may be able to make similar decisions for the UTU membership in the future including but not limited to splitting/merging of Locals, General Committees or Legislative Boards.
There are also some changes in the eligibility for office which seem to conflict with the current UTU Constitution and numerous previous UTU Board of Directors decisions. There may not even be a local Legislative Representative to handle local safety & health issues.
It is possible that there will be Big Changes in the manner in which locals send delegates to the convention regarding both payment from the local and introduction of the weighted ballot. Both of these items were rejected at several UTU Conventions in the past as proposed amendments. Not many locals could afford to pay a delegate(s) to attend a national convention and if there were more than one delegate, the cost would be prohibitive and would force local union dues to be increased to cover the costs. What would be worse yet is if a local sent few or no delegates. The SMWIA Constitution allows for one delegate for every 50 members, but the local pays the delegate(s) pay, per diem and mileage. The UTU International presently has a fund to pay delegates for attending conventions.
Speaking of Dues the SMWIA constitution allows the International officers to increase dues if the balance sheet drops below $3 million dollars. There are also sections that provide for a complicated formula based on the average wages of a craft and what amount that craft’s dues will be. The present SMWIA dues are $25.00 per month while the International UTU dues are $22.50 per month. No one really knows what a UTU members dues will be should this merger be ratified by UTU members.
There is also a great disparity in the salaries of current Vice Presidents of both organizations as SMWIA pays theirs $43,000 while the UTU pays $137,000. Question is how much are these newly created General Vice Presidents going to be paid? These are the top (6) officers coming over from UTU to be named to those positions and are they different positions then the existing Vice Presidents in SMWIA? It looks as though the officers plan on using the UTUIA finances to make up the disparity in the salaries which could be a sizable amount of money for each position.
Seems like 40 years of precedent are being washed away with a (15) page merger proposal. Apparently it solves someone’s political problems. The SMWIA General President can appoint Directors to oversee, direct and participate at all levels of this organization:
Talk about a change and lack of democracy within a union, Article 3, Se. 2(a) states: “The General President shall have all direction and supervision of all local unions, state, provincial and district councils and all of the officers thereof. He shall have full authority to suspend the charter or the local union or council for failure of its officers or members to comply with the provisions of this Constitution or with the policies of this Association…” Also, the General President has the authority to direct any local or council to temporarily fill the office or position of any officer or representative he so chooses.
Article I Section 10 of the SMWIA Constitution: “It is the obligation and responsibility of every officer, member, local union and council [St. Legislative boards, Gen. Committees etc…] of this Association, to comply with the provisions of this Constitution and the valid decisions of the officers of this Association in conformity therewith and they shall refrain from any conduct that interferes with the performance by the Association or its subordinate units of their obligations under law or contract or from conduct which defeats or is designed to defeat or subvert the lawfully declared and established policies or objectives of this Association, or which may defame its officers, members or subordinate units.”
Article II states: All local unions of this Association shall affiliate with bona fide state, district and provincial councils chartered by this Association”.
The UTU’s PAC fund may well become part of the SMWIA Political Action League (PAL) and one must ask what conflicting political agenda or legislation would conflict with existing rail operating crafts issues?
There is an existing Article 21 in the SMWIA Constitution dealing with the Jurisdiction of Railroad and Councils. However, Article 34 Sec. 1(g) states: “…the General Executive Council shall have the authority between Conventions to amend Article Twenty-one (21) of this Constitution without the necessity of the referendum vote required in Section I(f) of this Article”. That would be us not having a Vote!
Additionally, no one really knows the future fate of the UTUIA program and its field representatives or what will become of present Designated Legal Counsel and its representation.
These are just a few of the serious issues that you may want to consider, so please think and read before you make your decision and cast your vote.