Legal Challenge to SMWIA/UTU SMART Merger Rejected By Federal Court

[Omaha Steve]

No link. Press release.

The legal challenge preventing the merger of the United Transportation Union (UTU) and the Sheet Metal Workers International Union (SMWIA) is now over. The name of the new combined union is the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART). For two years, a small group of individuals from a competitor third party union, aided and abetted by self interested parties within the UTU, have sought to block this merger. After enduring considerable delay, the merger, along with the overwhelming voices of the UTU membership has finally been heard.



The SMWIA, with close to 150,000 members, has represented sheet metal workers in rail shops for over a century. The UTU has been the principal representative of the rail operating crafts and has approximately 58,000 members. The UTU also represents workers in school and public bus industries. The merger came about because of the longstanding contact, communication and mutual respect between the SMWIA and UTU that culminated when SMWIA General President Michael Sullivan and retired UTU General President Paul Thompson saw the opportunity for great synergies if the two labor organizations were combined.



The two unions worked out a merger agreement in 2007. It was approved by the executive boards of both organizations and was overwhelmingly ratified by the members of the UTU in July 2007.



The merger, scheduled to come into effect on January 1, 2008, was delayed due to a restraining order initiated by competitor interests outside of the SMWIA and UTU. The suit sought to block the merger on the grounds that the UTU members had not been adequately informed before they voted to ratify the merger. A temporary restraining order was issued to stop the merger from proceeding, and later a preliminary injunction to the same effect was entered.



During this time, the majority of the UTU Board of Directors continued to support the merger. They intervened to defend the will of their membership and, despite considerable pressure from their General President, President Thompson’s successor, appealed the preliminary injunction. The Sixth Circuit Court of Appeals reversed the injunction by a panel of three judges on October 23, 2009. Opponents of the merger, however, continued to seek to delay the merger. They asked for a hearing “en banc”, where all the judges of the Sixth Circuit would join in considering the case. On March 17, 2010, the appellate court denied this request and ordered the case dismissed. Thus, for all intents and purposes, this last legal barrier to the merger has been removed.



Unfortunately, it appears that the current UTU leadership intend to ignore what is not only inevitable, but also the voices of its own membership. The merger agreement was not only ratified by an overwhelming majority of the UTU membership, but also by the very same officers who now oppose it due to what may be their own self serving interests. Nevertheless, the SMWIA will pursue and looks forward to joining with its brothers and sisters from the UTU under the banner of SMART.