DISTRICT COURT UPHOLDS UTU CONSTITUTION
(4-3-01)

The US District Court for the District of Columbia last week granted UTU's Motion For Summary Judgement and denied BNSF's contrary motion in a case involving the representational rights of individual General Committees guaranteed them by Article 91 of the UTU Constitution. BNSF had attempted to argue that once the UTU International had established a "national" negotiating committee, that committee automatically represented all UTU members in any negotiations covered by "national" Section 6 Notices. UTU argued that the Railway Labor Act allows employees to select representatives "without interference, influence, or coercion" by the Carrier, and such rights are vested in individual General Committees via the UTU Constitution. The Court upheld UTU's position and rejected BNSF's argument. Congratulations to UTU General Counsel Clint Miller for once again successfully defending our Constitution. Clint warns that in all likelihood, BNSF will appeal the District Court's decision, so there will probably be further legal wrangling on this issue.