Four individuals -- two aligned with the Teamsters union -- have filed a lawsuit in U.S. District Court in E. St. Louis, Ill., seeking to prevent implementation Jan. 1 of the merger between the UTU and the Sheet Metal Workers International Association (SMWIA).

The membership-ratified merger would create the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.

The UTU intends vigorously to defend the decision of its members to implement the Jan. 1 merger with the SMWIA.

Two of the individuals bringing the lawsuit are Ed Michael and Jim Eubanks, who are aligned with the Teamsters union and its Brotherhood of Locomotive Engineers and Trainmen (BLET) division.

Michael is a longtime member of BLET Division 979, who only earlier this year also joined the UTU. Eubanks is a member of BLET Division 182 as well as the UTU. Both have spoken strongly in favor of the UTU merging, instead, with the Teamsters.

In a recent statement on a Teamster Web page, Michael and Eubanks urged UTU members to "put Teamster power to work on the rails," boasting that "Teamster engineers on some railroads have ratified a side agreement that appears to open the way to single-person train crews."

In fact, the BLET has signed separate agreements with BNSF, CSX and Norfolk Southern that would eliminate the job of conductor and leave the engineer as the last crewmember standing. The UTU is challenging those agreements in federal court.

The third individual bringing the lawsuit is John Hasenauer, a member of UTU Local 286. Hasenauer, after praising the manner in which the UTU informed its members regarding the merger, waited more than four months to change his mind  -- contradicting earlier positive written statements he made regarding the merger.

On July 27, Hasenauer wrote to UTU International President Paul Thompson:

"Thanks for answering the 40 merger questions for the three locals here in North Platte. The answers were very good answers and this certainly helped clear up a lot of unknown thoughts and concerns about this merger effort ... also thanks for placing the questions on the Internet for all to read. Those Q&As should help a lot with explaining the details of this merger and at making a informed decision of deciding how to vote."

The fourth individual bringing the lawsuit is UTU Vice President Roy Arnold, who was defeated in an August reelection bid, and who reimbursed the UTU more than $1,100 for a computer destroyed very shortly after he was asked to turn it in, and whose damaged hard drive was then found to contain pornography, in violation of UTU policy.

UTU International President Paul Thompson issued the following statement with regard to the lawsuit:

"The lawsuit has not been served on us (as of Dec. 4). Our lawyers are studying a copy of the lawsuit to which we did gain access. UTU members ratified the merger and our lawyers will vigorously defend the decision of our members."