AKRON, Ohio -- Federal District Court
Judge John R. Adams issued an order Feb. 5 extending until at least early May the temporary restraining order (TRO) against
implementation of a merger by the UTU with the Sheet Metal Workers International Association to create the Sheet Metal, Air,
Rail and Transportation Workers Union (SMART).
The judge’s order said the TRO "is hereby extended, with
the consent of the parties, from February 13, 2008, until ten days after the court rules on the pending motion to intervene."
The
judge ordered that a hearing be held in his courtroom April 25 "regarding the motion of Paul Thompson et al. to intervene
as party defendants herein." Others joining Thompson as party to that motion -- seeking immediate implementation of the
merger -- are UTU International officers James Brunkenhoefer, Roy Boling, Tony Iannone, J.R. Cumby, John Babler, John Fitzgerald
and Vic Baffoni.
Judge Adams previously ruled that UTU members had not been provided a SMART constitution (giving them
sufficient information on which to make an informed decision) when they voted last year to approve the merger.
The federal
court action was initiated by a group of UTU members, who successfully complained to the court that UTU members should have
been provided -- prior to the vote -- with a copy of the SMART constitution into which the UTU constitution was to be
inserted intact. The complaint was filed following allegations that UTU members were not made aware of conflicts between the
two constitutions.
As previously reported, some 140 UTU general committee, state legislative and International officers
overwhelmingly demonstrated their support Jan. 30 for a cooperative process to resolve differences over the stalled merger.
The UTU officers urged that UTU International President Mike Futhey and SMWIA General President Mike Sullivan follow
the federal court’s order -- as well as recommendation of UTU counsel -- that the two (Futhey and Sullivan) settle upon
the text of a SMART constitution.
When that task, which may require arbitration of conflicts, is completed, the UTU
membership would be provided a copy, and then asked to vote on ratifying the new constitution.
Futhey said, following
that meeting of UTU officers in New Orleans, that, "It is my feeling that the memberships of both the UTU and the SMWIA
are best served by having a proper constitution prepared and presented to members for a vote."