QUESTIONS REGARDING UTU-BLE MERGER
(8-10-01)
The following questions regarding various provisions of the proposed UTU-BLE Unification Agreement and Constitution have been forwarded to the International for clarification.
- The definition of "attrition" contained in the NOTE following Section 4.1(b) does not include failure of an incumbent to be reelected. If an incumbent fails to be reelected at the first or second convention, does his successor continue to hold that position, or was it intended that failure of an incumbent to be reelected would trigger attrition?
- If failure of an incumbent to be reelected at a convention does not trigger attrition, then it appears that all of the positions subject to attrition could actually continue in existence indefinitely, unless an officer died or retired or resigned or became permanently ill or was removed for cause between conventions, or unless the delegates to the third (or later) convention took action to change the provisions of the Unification Agreement. Is this understanding correct?
- Section 9.5 of the Unification Agreement provides that "where UTU Local Committees of adjustment have jurisdiction over former UTU Agreements for firemen, hostlers, hostler helpers, and engine service trainees, such Local Committee of Adjustment shall be dissolved on January 1, 2003…" There is no stated exception for Local Committees that also represent ground service crafts. (Although such exception is included in Section 10.4 relative to general committees of adjustment.) Is it intended that former UTU local committees of adjustment with jurisdiction over both ground and engine service crafts will continue in existence after January 1, 2003, and only their engine service jurisdiction and members will be transferred to the former BLE local committee of adjustment?
- We have several Local Chairmen who are working as Engineers, and who chair local committees representing both ground and engine service members on territories where the BLE currently holds the Engineers' contract. Under Article 36 of the proposed Constitution, will these Local Chairmen themselves be required to transfer to the former BLE local division 90 days from the date of unification, or may they remain as members of the former UTU local and continue to chair the remaining ground service committee, even though they are actively working as Engineer?
Other questions will be submitted as they arise, and answers will be posted as they are received. Additionally, it is my understanding that answers to these and other questions will be posted at www.ble.org/utumerger as those questions are jointly addressed by the International officers of the two organizations.