The Locomotive Engineer Newsletter

AFL-CIO asked to stiffen UTU sanctions

The Brotherhood of Locomotive Engineers has formally asked the AFL-CIO to extend the sanctions currently placed on the United Transportation Union to include, among other items, the payment of financial damages to the BLE.

In a December 3 letter to AFL-CIO President John J. Sweeney, BLE President Edward Dubroski noted that a 14-day grace period had elapsed since the UTU was found guilty of raiding BLE membership on the Louisiana & Delta Railroad. On November 9, Sweeney gave the UTU two weeks to take steps in order to comply with the Article XX ruling.

"You requested the UTU to advise you within 14 days of receipt of the decision as to what steps the UTU intends to take to comply," Dubroski wrote. "It is now December 3, and no response to our knowledge has been made to you by UTU."

In addition, Dubroski asked the AFL-CIO to stiffen the sanctions because of the UTU's "war chest" attitude. At its convention this past summer, UTU placed a $3 special assessment on each member for the sole purpose of funding a "war chest" to engage in an all-out battle to do away with the BLE.

"In view of UTU's threats to commence 'all out war' in January 2000, BLE respectfully requests immediate favorable consideration of this request," Dubroski wrote.

In his letter, Dubroski outlined various financial sanctions the AFL-CIO could impose on the UTU. Dubroski suggested AFL-CIO extended its sanctions in the following respects:

1. Direct UTU to reimburse BLE for all the expenses incurred by it in defending its craft representation rights before the National Mediation Board;

2. Reimburse BLE for loss of all dues receipts lost as a result of UTU's raids on its membership;

3. Suspend UTU's right as an affiliate to use any or all of the services of the Federation until it withdraws its pending representation application related to the Union Pacific Railroad for representation of a purported craft of railroad employees, which includes the existing craft of locomotive engineers;

4. Suspend UTU's rights as an affiliate to hold office in or participate in any deliberations of the Federation or any of its committees, study groups or associate bodies, such as the Transportation Trades Department, until it ceases and desists from raids upon the membership of the BLE;

5. Suspend UTU's protection under any of the provisions of the Federation's Constitution or policy determinations of the Federation until it withdraws its application in the Union Pacific matter and ceases and desists from any engaging in raids upon the membership of BLE; and

6. Grant BLE any other relief in the premises, which is appropriate under the authority vested in the Executive Council.

By a near-unanimous vote at its Twenty-Third Constitutional Convention, members of the AFL-CIO Executive Council adopted a resolution calling for the Council to clarify its powers to impose sanctions against affiliated unions guilty of "intentionally raiding another... union's membership."

The new resolution calls for additional penalties, including "imposing damage awards, other financial penalties and/or implementing its power to expel the offending affiliate from the AFL-CIO."

BLE President Dubroski, a supporter of the resolution, hailed the outcome of the vote. "Although the AFL-CIO has done everything we've asked in our defense against the UTU's raid, there needs to be a series of increasingly tough sanctions that the Executive Council can apply, so raiders like Charlie Little can't hide between Conventions. This is a big step in the right direction," Dubroski said.