(Editor's Note: Members' questions are pouring in after the Advisory Board's unanimous decision to end the unification talks with UTU on May 8. We interviewed BLE President Clarence Monin for his comments to the members' most frequently asked questions about the Advisory Board's action.)
Newsletter: Many members are concerned over why the Advisory Board suddenly decided to end the unification effort after, what, over 15 months of back-and-forth actions... what light can you shed for the members on the reasons we've been on again, off again?
President Monin: "It may have seemed sudden, but it was months in the making, driven by a rigorous schedule that First Vice-President Dubroski and I insisted upon at every step of the way. Look, it's terribly difficult to put two labor organizations together of any sort. As I've said before, there are a thousand reasons why it doesn't happen, and only one solidarity why it can.
"I worked hard to protect our craft and we achieved that. We made good progress at resolving many other issues the proffer of arbitration and so forth at various stages of the process.
"But the one key issue that both Ed and I constantly warned about
finances could not be negotiated away. I laid out a clear standard that
had to be met: no UTU liabilities would be assumed by our members. The BLE
had straightened out our finances over a decade ago; we weren't convinced
that the UTU had done the same.
"Our concerns were conveyed to the other side as early as June of last year. We read their financial reports filed with the Department of Labor. Those public documents raised several red flags about how they were funding their daily operations. In order for a new union to be properly financed, I insisted on getting answers to our questions by a certain date. That date was May 1.
"Our attorneys reviewed all the opinions that dealt with the issues we raised. They even offered to work with the UTU to get them clarified. They were rebuffed, just like our committee had been in the questions it raised. By the third week in April, it became clear this very serious issue was not going to be resolved in a timely, satisfactory way, if at all. So, I called the Advisory Board into session, had a complete report given to them and we acted. Unanimously."
Newsletter: Well, members have heard UTU's claim, saying the finance issue was just a "cover story" a "smoke screen," that the real reason was BLE internal politics the effort to recall you by those who don't want any kind of a relationship with the UTU at all. Would you care to comment on that?
Monin: "Everyone better understand that my concerns, Ed Dubroski's concerns, the Finance Committee's concerns and our attorneys' concerns over the UTU's use of its various funds are real. They existed for months.
"And they were very specific and pointed. Were those funds, like the UTU's Job Benefit Fund, covered under ERISA, the federal law governing benefit funds? If so, then all the proceeds of those funds can only be used to support the purposes that those funds were set up for in the first place.
"We estimate that up to $10 million may have been taken from just that one fund and used to support purposes other than payments to out-of-work Job Benefit Fund members, such as loans to pay off lawsuits, salaries and other UTU expenses.
"The UTU's own Executive Board was concerned enough that it set up a special committee to investigate the situation. Now that we broke off talks, I guess Charlie Little is concerned enough that he has requested advice from the Department of Labor advice I might add, which probably won't be rendered until after the UTU convention next August, where he's up for re-election.
"In sum, the Advisory Board's unanimous action reflected the serious concerns we all had, prompted by a set of deadlines that obviously were not going to be met, including giving our members' a choice by October about the direction they want to go.
"The fact that the BLE has a democratic process invoked by some of our members coming to fruition at about the same time is a matter of coincidence, and it will happen according to its own timetable, regardless of when any deadlines set for the UTU's petition before the NMB might expire."
Newsletter: What about the action the UTU has taken, to go back to the NMB and ask for a representation election on the UP/SP how serious is that threat?
President Monin: "As serious as it gets. But we expected that, although I think some within our union deluded themselves into thinking the earlier actions by the UTU taken with respect to the NMB were mere saber-rattling.
"The NMB has laid out a timetable, which they hadn't done before. Pre-hearing conference on June 22, full hearings in July. Final legal briefs and rebuttals during the early part of August, with a possible ruling anytime after August 9th.
"Those are real serious dates. I've taken steps to make sure our attorneys meet them and to see that they get all the help they need from our UP/SP members and leadership to mount the strongest possible case. I'm sure our allies in the labor movement will respond to our request for assistance as well. I'm leaving no stone unturned in defense of our craft and our union.
"But I don't care what anyone tells you, there is no way of knowing how the votes will be cast by the two members left on the NMB the industry representative retired December 31. We will present a forceful case.
"Unfortunately, the financial concerns we had with the UTU don't have anything to do with the legal, 'representational dispute' issues on which the Board must rule. And I have no doubt the industry will do all in its power to end the log-jam in the Republican-controlled U. S. Senate that's holding up the appointment of their representative.
"To compound matters, the NMB could rule just about the time we'll be preparing and sending Section 6 notices to begin our bargaining with the carriers. Just as we take on our real enemies, we could be waging the battle of our lives on the UP/SP.
"No, in many ways, more than most people realize, this is a very serious threat to all of us. And it comes at a time when we need our greatest demonstration of unity ever."
Newsletter: A lot of members sense the dangers, and they're asking, what's our plan, what should we be doing now, what are you going to do now?
President Monin: "First thing I've got underway is the re-organization of our Mobilization Network. When we ran the 'Losing is not an option' effort last fall, we took note of its strengths and weaknesses. We're taking steps to make sure it works smoothly when we really need it.
"One of the main weaknesses is that our structure didn't include the General Chairmen and the Legislative Board Chairmen. I'm addressing that first in the next few weeks.
"Second, we'll be doing an in-depth report to the UP/SP members, spelling out exactly what an adverse ruling from the NMB means for them. Last time, it's pretty clear that not all the issues were fully understood, nor what they could do about them.
"Third, and after our structure is re-organized, we'll set up special training for our UP/SP leaders and members in sufficient time to be ready for an adverse NMB ruling. We'll have to prepare for the worst case scenario a quick decision sometime in August so that probably means doing training in July.
"Fourth, as I've said, we're marshaling all our forces in preparation for the NMB hearings.
"Fifth, we're working to ensure the other rail unions remain solidly behind us. I sent them letters immediately upon the Advisory Board's action, reported to them at the last TTD meeting and expect to meet further with them in June.
"Sixth, I've called upon the AFL-CIO to proceed with the Article XX sanctions against the UTU's attempted raid and will be working with our allies throughout the labor movement to see that the UTU pays a heavy price as the process moves forward.
"We've got a lot of work to do, informing our members and rallying them together under the BLE banner. It's going to be a long, hot summer. But, for me, losing is not an option."
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