An interesting observation concerning the letter written by Holm & O'Hara, the law firm representing the Association of Commuter Rail Employees (ACRE) dated May 6 th to Art May and Paul Thompson, International President for the United Transportation Union (UTU). The very last paragraph states, “Additionally, Mr. May utilized a nonpublic document and confidential information available only through the employer Metro-North. ACRE demands that Mr. May return all copies of the document and nonpublic information to Metro-North with an explanation of how this document and information came into his possession.”

Well now we have a concrete written confirmation from ACRE's attorneys that ACRE is in fact a company union. ACRE demands the return of these documents to Metro-North and an explanation of how these documents came into his possession. Any demands for this type of information should not come through ACRE, especially as their attorney's state “the information is available through the employer Metro-North”. By ACRE making these demands, it only reinforces their position as being company union and spokesman for Metro-North. How can ACRE claim that this information is privileged information, when ACRE made it a part of its historic agreement and contract with Metro-North? What ACRE officers are really trying to say is that this information is privileged only between ACRE officers and Metro-North's labor relations department, not the ACRE membership.

Notice, neither ACRE nor their attorney ever denied the validity of the content of this document. The problem here for ACRE officers and Metro-North is the content of this document. It is very amusing that ACRE officers are the ones demanding an explanation. With all of the recent sidebar letters that ACRE and Metro-North have signed, which have come to light recently, that were intentionally left out of their contract ratification package and deliberately hidden from the ACRE membership, ACRE officers are the last ones to be making any demands on anyone for anything. The only ones to be making demands for any explanations, at this time, should be the ACRE membership on ACRE officers concerning their secret sidebar letters and agreements with Metro-North.

Once again ACRE officers got caught with their hand in the company till. Once again ACRE officers are out to kill the messenger. Throughout ACRE's short history on Metro-North property, this has become a typical common practice and reaction on the part of ACRE officers. The ACRE organization and its officers have the protection of the company and both will stand firmly together to protect their sacred common interests. With this type of relationship between ACRE officers and Metro-North, who is looking out for the best interest and protection of the ACRE membership and their working agreements?