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COURT URGES SMART CONSTITUTION
AKRON, Ohio -- A hearing was held in federal district court here May 28 on a motion by former UTU International President Paul Thompson, six UTU International vice presidents, and the UTU national legislative director to intervene in the case challenging the merger between the UTU and the Sheet Metal Workers International Association.
The merger would create the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.
The merger’s scheduled Jan. 1, 2008, implementation was halted Dec. 27 when Federal District Court Judge John R. Adams issued a temporary restraining order (TRO) in response to a complaint that UTU members had not been given a SMART constitution with the voting materials.
As a result, the complainants said, UTU members did not have sufficient information on which to make an informed decision when they voted last year to approve the SMART merger. UTU members were unaware, for example, of conflicts between the two constitutions.
By agreement of the parties, the TRO has been extended twice. On April 10, the TRO was extended into early June to permit Judge Adams to rule on the motion to intervene, and it will remain in effect for 10 days following his ruling.
Judge Adams did not say when he would rule.
At the May 28 hearing, Judge Adams heard testimony from some of the proposed interveners, as well as from UTU International President Mike Futhey.
In addition to deciding whether to permit Thompson and the others to intervene, the judge must rule on whether to grant a preliminary injunction, which would supplant the TRO.
Judge Adams said he now has sufficient information to make his ruling on a preliminary injunction. A preliminary injunction would keep the merger on hold until the case, and any appeals, run their course.
Futhey said he understood the judge to say that "it would be in the best interests of all concerned to put together a SMART constitution and resubmit the merger to the UTU members for ratification.
"Failure to do that," said Futhey, recalling the judge’s words, "could result in lengthy litigation and cause the memberships' dues to be spent on legal fees. The judge said that there has got to be a better way to spend union dues money."
