GO386 Correspondence
Archived Posts

March 17, 2008

Response to Charges Against Members Of UTU Board Of Directors

 

BNSF Attempts Intimidation to Gain Support for HR2095
http://utu386.org/fyi/fitzgerald_ltr_lr_response.pdf

SMART Merger Ratified

United Transportation Union members have ratified a merger with the Sheet Metal Workers International Association (SMWIA), establishing the 230,000-member International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers.

The merger, previously ratified by the SMWIA, becomes effective Jan. 1, creating the 21st largest (of 4,000) political action committees (PACs), and the 7th largest PAC among labor unions, significantly increasing the effectiveness of UTU and SMWIA congressional and state-legislature lobbying. Combining the $2.8 million (per election cycle) UTU PAC with the $3.1 million SMWIA PAC creates an almost $6 million political action committee for SMART.

SMART merger agreement
AFL-CIO President John Sweeney
View Video
6-19-07 President Thompson outlines merger goals
SMWIA Railroad Department
Sheet Metal Workers Constitution

March 21, 2007 FRA OPS Testing

The FRA intends to implement a new safety initiative on the Northwest Division of inspecting/monitoring employee compliance of safety rule.

http://utu386.org/FRA3-21-07.pdf

May 4, 2007    Rail Safety Bill – H.R. 2095

Sent via E-mail to all w/available e-mail addresses

General Committee Officers
 Legislative Board Officers
 Local Officers and Committeepersons
 Members

Dear Sisters and Brothers:

About a month ago this office distributed a letter advising that Congress will soon be considering a rail safety bill which would have a significant impact on not only the UTU membership, but the rail industry as a whole, and the International requested your assistance in our endeavor to include a vital provision to the bill pertaining to the elimination of limbo time.

Due to a united effort by our legislative department, rail labor unions, and most importantly with your support, I am proud to state that this provision has been included in the bill.  This bill has now been assigned a name and number:  “Federal Railroad Safety Improvement Act of 2007” – H.R. 2095.

I would like to take this opportunity to thank everyone who contacted their Congressional Representatives, assisted in distributing the message to the other rail employees and the public, and those who otherwise dedicated their time and efforts to this cause.

The process has now officially begun and the International needs your support now more than ever to ensure that H.R. 2095 is passed into law.

Attached you will find a summary of the bill outlining many of its provisions (to view H.R. 2095 in its entirety – click on the following link:  http://www.utu.org/worksite/PDFs/bill_HR2095.pdf).  Also attached is a UTU website article that explains the bill and the next step in the process.  To obtain the phone numbers and e-mail addresses of your lawmakers, go to www.utu.org.  Click on “Washington Update” in the red tile box to the left.  Then, click on “Contacting the Congress”, and then type in your full address and zip code.  The contact information for your respective congressional representative will appear.

It is important that we “keep the ball rolling” in the right direction and ensure that this legislation passes into law with a veto-proof majority.

This bill would not only improve the quality of life for employees in our industry, but more importantly the legislation will improve safety among rail industrial workers, the communities in which the railroads travel, and the general public. 

 It is requested that you forward this e-mail to other members of your respective Legislative Board, General Committee and Local.

United We Stand!

Fraternally yours,
Paul C. Thompson
International President

January 25, 2007
Voluntary Workforce Retention List

Brothers and Sisters:

Attached is a copy of the Voluntary Workforce Retention List (WRL) Agreement that is being implemented immediately on former Great Northern (GN), former Spokane, Portland and Seattle (SP&S) and former Colorado and Southern (C&S) territories, in order to provide some minimal income and benefits for employees who voluntarily choose that list in lieu of furlough or in lieu of working. This is due to the Carrier=s recent decision to reverse the advice we had previously received, indicating that furloughs would be kept to a minimum by increasing extra boards.

First and foremost, I want to make it clear that this is not something that BNSF is doing out of some sense of compassion for furloughed employees. This is nothing more than a cold, calculated monetary decision. BNSF management anticipates that business levels will increase again at some point, and they want a Ashort chain@ on a certain number of employees who can be recalled quickly (48 hours) rather than the usual 30-day recall notice, in order to insure that sufficient manpower will be available as business levels dictate.

Over the past several years, UTU has given the Carrier several proposals and made numerous attempts to negotiate some kind of alternative to furloughs, and in every case the Carrier rejected or simply ignored those proposals. Then on/or about Wednesday, January 10, 2007, I received a proposal from BNSF=s Labor Relations department, along with an E-mail asking if I would be interested in implementing that proposal. That initial proposal was completely unacceptable, because it would have allowed BNSF to cut extra boards to the bare minimum and use the WRL as a single supplementary source of supply for vacancies in all crafts. I immediately communicated with the other BNSF UTU General Chairmen and on Friday, January 12 we offered the Carrier a joint counterproposal based on earlier UTU drafts. The Carrier rejected that counterproposal out of hand, and advised that the Carrier=s proposal was intended as a Atake it or leave it@ deal.

The Carrier advised us that the BLET had already accepted their proposal, and Labor Relations then posted a Web Site article suggesting that UTU General Chairmen were dragging their feet in providing this benefit for furloughed employees. That propaganda was admittedly nothing more than an attempt to pressure UTU into accepting the Carrier=s proposal, and it was later pulled from BNSF=s Web Page. Engineers on BNSF already have protection from furlough, because UTU has provided that protection through our 1978 and 1985 National Agreements by allowing them to establish, retain and accrue ground service seniority while working as Engineers. In other words, for BLET this Agreement is not an alternative to furlough, it is simply an alternative to working. UTU does not have that luxury. We could not immediately accept the Carrier=s proposal as BLET did, because the consequences for ground service employees were simply too great.

Throughout the weekend and through the early part of this week, the UTU General Chairmen continued to communicate jointly with Labor Relations by phone in order to modify some of the most harmful provisions of the Carrier=s proposal, to clarify some of the confusing or misleading language, and to secure a Side Letter addressing those ground service employees who had already been adversely affected and left their home location seeking work elsewhere.

Although in my opinion the attached Agreement still does not provide an adequate level of compensation and benefits to provide sufficient protection for furloughed employees, under the circumstances it is the best we can do at this time. Attached are comments and observations intended to clarify certain items contained in this Agreement. Employees choosing the WRL should review this information so there is no misunderstanding as to the terms and conditions of these positions.

I have instructed the Carrier to implement this Agreement on properties where this Committee holds jurisdiction immediately. Please keep me advised of any problems you may encounter with the implementation of this arrangement. If desired, we can set aside some time during our upcoming General Committee Meeting to evaluate and discuss this arrangement.

This will cover the synopsis, the proposal, clarifications and applications, as well as, a ballot and return stamped envelope. Please review, cast your ballot and return your ballot to be received no later than February 15, 2007 in this office.

Please advise if you have any questions concerning this proposal.

With best wishes, I am

Yours truly,
/s/J.D. Fitzgerald
General Chairman

November, 2006 Small Victory

After the April 27, 2005 strike the BNSF took the UTU to court to get an injunction requiring to give 72-hour prior notice of any work action. Judge Samuel B. Kent denied the BNSF’s motion.

George H.W. Bush nominated Judge Samuel B. Kent on August 3, 1990. Judge Samuel B. Kent being a Bush appointee says a couple interesting things in the order.

“…While unionization has grown substantially weaker due to globalization, it is not dead. There are still viable industries within the U.S. economy in which employees rely on union representation, one of which is the Railroad industry. This Court refuses to sound the death knell to railway unions by taking away their last bargaining chip: the right to legally strike over a major dispute. “

“…Beyond this logical reality, though, lies a very real concern that if the Court were to intercede in this situation in the interest of protecting commerce, it would be overstepping its bounds under the Constitution. It is the duty of Congress to write laws and the duty of the courts to enforce them. This Court does not find the economic damage the Railroads may encounter if UTU strikes to be paramount enough to justify judicially rewriting the Constitution or the Railway Labor Act. If the interruption to commerce is indeed significant, the Court recommends that the Railroads ask Congress to address the issue.”

To read the entire order
Final Judgment

May 8, 2006 FMLA Claims

Members required to use Personal Leave (PL) days or vacation days under FMLA, by BNSF management should submit claims. (Example here)

January 3, 2006 FMLA

The U.S. District Court decision does not allow Carriers to force employees to use vacation time and sick days instead of the FMLA.

One paragraph on the last page says it all.

"The FMLA does not allow employers to violate pre-existing obligations. If CBA provisions grant employees the right to determine when, or in what manner, they utilize certain types of paid vacation and personal leave, those CBA provisions prevent employers from substituting such leave for FMLA leave."

 

July 19, 2005

Terminal Six, Rivergate Sale/Lease & BLET rhetoric

 

June 24, 2005

FYI - Kem Parton of Labor Relations was assigned to this committee for claims handling and discipline.

For some time he has been writing a novel entitled "End of the Line" about a fictional railroad CEO who develops a scheme to get rich by creating and then destroying his own railroad, with help from a terrorist and a crooked operating officer.

Mr. Parton advised his supervisor and the legal department had no objections. After Dave Dealy released his own book (The Good Boss) last year, Kem followed his lead and signed a deal with a publisher. Recently he was told to either dump the book or hits the bricks. He kept his book deal and the Company has now fired him.

 

April 27, 2005 Strike

Open Letter
UTU Members GO-386
BNSF Railway Company

All Members:

At 2:00p.m. Central Daylight time a peaceful withdrawal from service was made by all former BN North lines UTU Locals.

The reason is as stated in President Thompson’s letter of April 27, 2005.

Based upon discussions between the respective legal counsels and the presiding Judge, the pickets were withdrawn and the work stoppage ended at approximately 4:15p.m .Central daylight time.

The issue will be heard in the U.S. District court in the Twin Cities.

While we have encouraged our members to promptly return to service, we also wish to express our thanks to all Local Officers and members.

This office will keep you apprised of the continuing case.
 

BNSF Direct Dealing 4-15-05

BNSF has initiated a program of direct dealing with ground service employees by use of scare tactics and thereby attempting to force the General Chairmen into selling Crew Consist.

The Carrier's scare tactics assert everything will be lost if we, the UTU, do not cut a deal and eliminate all or most of the ground service positions. Carrier alleges new technology exists that will allow single position crews to operate some or all through freight trains. Again, review our web sites. The new technology does not exist except as fragmented experiments that do not interface with other Carrier's equipment or software.

Carrier makes promises of unheard of protections, buyouts, guarantees, etc. All should well remember the broken promises and broken agreements you experience each and every day. You should all well remember Carrier's sincere concern for your health, well being and that of your families.

Do not confuse propaganda with reality. If you really believe BNSF management will take care of you and your interests better than this Committee, I am wasting my time and efforts.

J.D. Fitzgerald

Letter to Paul Thompson National Handling 3-17-05

This is in regard to the above referenced issue as well as the Article posted on the UTU International’s web site concerning legal action against the NCCC in the U.S. District Court for the Southern District of Illinois.

My concern issues from the statement in that Article concerning the “alternative” argument that Crew Consist is a minor issue subject to arbitration. I well remember the scenario from 1991 where we were forced to arbitration on that very issue, by PEB 219.

Please note the attached copy of my October 26, 2004, letter wherein this Committee joined National Handling on work rules, rates of pay, etc. In that letter you will also note this Committee did not relinquish the handling of Crew Consist issues, which are under the jurisdiction of individual General Committees of Adjustment and have been historically held to be “Local Issues.” If the Article accurately expresses the intent of the United Transportation Union International, please so advise and provide the case identification in order that this Committee, GO-386, can properly intervene in our own behalf in that legal action.

Awaiting your response, I am,

Fraternally yours,
J.D. Fitzgerald
 

GO386 Wins on Temporary Trackage Rights

 LABOR & EMPLOYMENT LAW, TRANSPORTATION

UNITED TRANSP. UNION - GCOA (386)
v.
SURFACE TRANSP. BD.,
No. 03-1212 (D.C. Cir. April 06, 2004)

Defendant's rule, adopting a class exemption for temporary trackage rights agreements, does not provide the statutorily required employee protective conditions required on discontinuance of trackage rights. Vacated and remanded for application of these conditions.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/dc/031212a.pdf

Letter to Paul Thompson 3-9-04

I wish to congratulate you on your difficult move to the highest office of this Union, as well as, UTUIA. While such move may not have been anticipated, I’m sure you now find yourself with additional burdens and responsibilities. I believe you also have the opportunity to view some pressing and serious issues on the property in a new perspective.

I also believe you may have a narrow window in which this Organization can seek to address one of the most pressing issues/policies issued by the Class I Carrier’s and affecting our members lives every day. That policy is known as “Attendance Guidelines” on BNSF and other nomenclature on other roads.

I believe the time is ripe, on behalf of both safety and our members well being, to notify and seek meetings with the Class I railroads in order that such policies be set aside. The existing policy on BNSF has not corrected any perceived problem and has caused a continual drain on our funds and has, likewise, distracted railroad management’s attention and resources.

I believe if such action is approached in a professional manner, improvements and corrections can be made that will accomplish goals for both parties. As never before, the UTU needs to emerge into a positive light.

I would appreciate an early response on this issue. Time is of the essence and the window of opportunity may be narrow.


Fraternally yours,
JD Fitzgerald