For Your Information
For Your Information
Coutback/Flowback to Ground Service 8-19-02
This issue has boiled to the serface at a number of locations and thus it is apparent the issue must be addressed and explained.
Article XI?1 of the October 31, 1985, UTU National Agreement required implementation. Two (2) Implementing Agreements were developed and put into effect on September 1, 1987. (The agreements for your reference.)
That agreement identified at the top right as 8/28/87 OPS 9-87, is pertinent to the issue referenced above. Paragraphs 5 and 7 of that agreement read as follows:
“5 . Engine service employees establishing seniority as trainmen/yardmen under Article XIII of the UTU National Agreement dated October 31, 1985, and this implementing agreement shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman, hostler or hostler helper, and such employee shall not, by such placement, be given any "present or protected employee" rights under present crew consist agreement or any negotiated in the future."
"7 . An employee establishing engine service seniority on or after November 1, 1985 can not exercise his or her trainmen/yardmen seniority in the event he or she is able to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper."
There is no agreement in place on Seniority District No's 1, 2, 3, 4, or 5 that would allow for a voluntary flow back to ground service from engine service. The only means for engine service employees to return to ground service is when they can no longer hold an engine service position.
The issue of dispute now concerns the area in which an employee with engine service seniority must protect, before being allowed to return to ground service. The agreement identified and quoted above does not specifically identify that area, however, a realistic interpretation could support "seniority district" as the area of protection before an engine service employee was allowed to return to ground service.
This Committee have not, to date, taken the position that employees with engineer seniority must chase the entire seniority district as engineers. Such a requirement, while possible under the applicable agreements, would conflict with the philosophy of this Committee, wherein we have opposed forcing any employee long distances from home and family. We do not disagree, however, with the requirement that they protect engine service on their respective zone.
Court Decision 7-19-02:
The decision sets aside the U.S. District Court's summary judgement and remands the case back to that District Court. While the decision issued this date is disappointing to the undersigned this is not the final decision nor the final word.
The undersigned has communicated with our Attorney, John O'B. Clarke, Jr. and reviewed the options available. At this writing the other two General Chairmen are being contacted and advised. Insofar as this Committee is concerned, we will continue with an appeal directed to the en banc Circuit Court. In the mean time the existing conditions will remain in place, and this Committee will stay on course in our attempts to negotiate with Burlington Northern and Santa Fe Railway and or the designee.
Remember this is but one battle in the conflict. View the decision
Locomotive Cab Sanitation Standards:
FRA amends its regulations by adding standards that address toilet and washing facilities for employees who work in locomotive cabs. This rule provides exceptions for certain existing equipment and operations, and establishes servicing requirements.
DATES: This final rule will become effective on June 3, 2002.
The complete text version of this document
http://jaysworks.com/1637/fra/cabstandards6-3-02.html
HEARINGS on FATIGUE:
On December 6, 2001 the Nebraska state legislature held hearings on fatigue on the railroads. Testifying on behalf of the BNSF was Roberto Munguia of Government Affairs Lincoln, NE. It makes interesting reading.
LINE SALES:
The BNSF has not kept it a secret that they are considering the sale of some branch lines. At this time this office has not received any correspondence that definitively lists any properties under jurisdiction of this committee that are intended for sale. The undersigned has requested our counsel to keep a watch for any petitions or notices pertaining to such potential sales on BNSF.
This office has received information that is indicative of Carrier's practice on territories they may put up for sale. Those practices include continual generation of rumors; a raising of car rates that push shippers to use other railroads or transportation and thus reduce traffic on specific territories which would reflect a reduction in revenues; providing substandard service by crew reduction or reduction in jobs.
BNSF is concerned with the bottom line and the bottom line is enhanced if the Carrier can eliminate the assignments they consider costly (locals, road switchers and yard engines) while still retaining the long haul. Thus we see the continuation of the Santa Fe way by slow elimination of the feeder lines and attention focused on the long haul. The BNSF has notably applied the vast majority of their capital spending to the former ATSF turkey trail referred to as the "racetrack" and the intermodal traffic operated over that line.
As such, the feeder lines have received only the scraps and have not been maintained properly for years. Now with capital monies in short supply BNSF cannot find sufficient funding to bring those feeder lines back to reasonable standards.
We will maintain a watch for any sales and address them in any way possible. The members must bear in mind, however, that opposition, while loud and continuous, many times is unsuccessful.
THE SIX DAY A WEEK RAILROAD:
BNSF recently came up with an ingenious way to save even more money in operating costs. In the Pacific Northwest the traffic has an historical tendency to drop off late Saturday thru most of Sunday. The Carrier, after only thirty (30) plus years, suddenly realized this and started thinking (they are capable if there are no distractions) and decided to try and change the regular crews days off to coincide with that cycle.
They practiced for about three (3) weeks and then rescheduled the locals, road switchers and yard engines to have Sundays; Saturday and Sunday; or Sunday and Monday as days off. This allowed them to reduce more than a few relief jobs, engine hours, etc. This also provided the majority of the regular jobs to have weekends or at least part of the weekend as regular days off.
The new practice does seem to function under the present slow business environment. The problem in the future will be when the business picks back up and they have to go to a full seven (7) day a week railroad. By then most regular employees will be expecting weekends off.
Since this idea did have some merit and seemed to work in the Pacific Northwest the BNSF decided to try the same scheduling in the Midwest. Now this is like trying to squeeze a two (2) pound tomato into a half pound ketchup bottle. Why? Because the slow cycle in the Midwest is Tuesday and/or Wednesday. The Carrier has made assurances this will work or their business will die trying. Employees out there, please let this office know how their plan is progressing.
BELT PACKS/BLACK BOXES:
As has been reported in the UTU News, the NCCC and UTU have agreed that UTU represented employees will operate the belt pack, remote controlled locomotives.
The UTU web site has also reported that the UTU International and NCCC, representing the Class 1 US railroads will establish trial locations for the remote controlled units. The UTU has not specified where such trial will occur and we can only guess at this point.
It does seem apparent we now have the belt pack ahead of the BLE, said another way, we have the cart before the horse. Seems the BLE didn't vote the right way on the merger.
Mine is a voice in the wilderness when I state there should be federal regulations and strict requirements to ensure safety before there is any use of remote controlled units. Members of this committee working into CN Thornton Yard, BC have encountered remote controlled locomotives and some of those encounters almost ended in disaster. Other higher officers believe the conditions can be set by negotiated agreement. A negotiated agreement is just that with nothing to bar violation except through minor dispute resolution.
Other employees and the public must be kept separate from remote operations, crossings and leads must be protected or isolated. Technology is all well and good, but I have yet to see a logical and proper application of new technology on this railroad to date.
Further, I do not believe the BNSF will invest sufficient resources to such operations to ensure that the proper protections and safety mechanisms are in place and maintained. Protection will also be required for employees forced out of working positions and there will be a reduction in work opportunities. Those most likely to suffer such fate will be at the bottom of the UTU ranks when newer engineers are forced to return to ground service positions.
We cannot stop development and use of new technology, however, we can and should demand reasonable and safe use and reparations to those harmed.
OPERATIONS REORGANIZATION:
The Operating Department and associated entities have now been reorganized into fewer and larger Divisions. BNSF may have achieved some reductions in high/mid level managers and by trickle down some of the lower level managers. You operating employees on the ground have lost. Crew planning and utilization has been reversed and is now spiraling downward and the pilot has bailed out. What I thought never could get worse, now has.
Crew planner positions were eliminated, managers were brought in that don't have a clue about what they are supposed to be doing and don't really care. Line officers are being given additional duties and responsibilities that they neither want or will do. The division officers have, in most cases, three (3) times the territory and fewer qualified subordinates to manage. The puppeteers in Fort Worth are working from ever changing scripts and as a result we have somewhat organized chaos.
The sad fact is the leaders think they are doing great when in fact the King is wearing no clothes and even if someone tried to tell him he probable wouldn't listen. My hat is off to the operating employees that sift out the facts and information on a daily basis that allows them to keep working and move the freight. Our operating members do not need continual meetings, conference calls and flow charts that preoccupy the senior management in Fort Worth.PRODUCTIVITY SHARES:
This last section is addressed to all December 5, 1980 Crew Consist protected employees. Each payroll printout, form 816, reports the productivity shares generated for that current payroll period. There is also a year to date listing that lists the shares accumulated up through that current payroll period.
A problem in TSS programming has been identified that emphasizes the need for those protected employees to check their share totals and report any inaccuracies within sixty (60) days. Shares generated when working out of the away from home terminal that is in another seniority district, were not credited to those employees. This is especially true on ID runs that have opposing terminals in different seniority districts. The involved employees received the shares in their home district but not the district covering their away from home terminal.
The programming is still not fixed, however, it is hoped that correction will be made in the near future. In the meantime, it is imperative that the employees make sure they are receiving proper share credits. We are working to correct the shortages from the last fiscal year and it is my desire we avoid those problems in the future. If you do not verify the accuracy of your share count you stand to lose money.
General Committee vs BNSF
D.C. Cir. Nos 01-7068 and 01-7069;
To keep you apprized of the activities in the District of Columbia Appellate court.
An expedited briefing schedule was set. Upon completion of briefing a date for Oral Argument will be set.
| Appellants’ Brief and Appendix | July 30, 2001 |
| Appellees’ Brief "NCCC" | August 29, 2001 |
| Reply Brief | September 12, 2001 |
We will keep you advised as information becomes available.
General Chairmen Fitzgerald & Mason Respond to Safety Summit 5-5-01
Open Letter to Members
General Committee GO-386
Burlington Northern Santa Fe RR
Gentlemen and Ladies:
The undersigned attended the Safety Summit held in Kansas City on April 30, 2001, along with many of the UTU and BLE General Chairmen on BNSF and State Legislative Representatives. Both BLE and UTU International Presidents, as well as, M. Rose and staff were present.
After two (2) hours of general discussion, the meeting ended with a determination to establish a three (3) member panel, composed of one (1) international officer each from UTU and BLE and one (1) senior official from BSNF.
The task of that panel would be to set forth a frame work to address all aspects of safety on BNSF. The panel would have until August 1, 2001, to complete the task.
The UTU member will be Vice President R.L. Marceau. I am not aware of the other potential members from the BLE and BNSF.
I will withhold comment on this process until I see the results. By that I mean, I will not embrace an unknown nor will I reject an entity not yet developed. I will insist that the autonomy of this Committee is respected and a policy or agreement with impact on the members of this Committee will not be forced nor accepted unless reasonable and functional.
In the meantime, I and the officers of this Committee will not back off of our established policies or activities in speaking out and telling it like it is.
Time will tell.
With best wishes, I am,
Yours truly,
/s/J.D. Fitzgerald
General Chairman=================================================================
K.W. Mason, Chairman
D.E. Anderson, Associate Chairman
R.S. Knutson, Associate Chairman
united transportation union
BURLINGTON NORTHERN GENERAL COMMITTEE OF ADJUSTMENT GO-245
R.C. Doyle, 1st Vice Chairman
R.J. Daurer, 2nd Vice Chairman
J.A. Kershner, 3rd Vice Chairman
M.A. Poninski, 4th Vice Chairman
May 3, 2001
Mr. B.A. Boyd, Jr.
President, UTU
14600 Detroit Avenue
Cleveland, Ohio 44107-4250
RE: BNSF/UTU Safety Summit
Dear Sir and Brother:
I wish to thank your office for bringing the Carrier to the table in hopes of addressing safety issues on the portion of the railroad that this Committee represents.
Although I was personally unable to be in attendance of the initial meeting which took place in Kansas City on April 30, 2001, it is my understanding this office was well represented at the meeting by Associate Chairman R.S. Knutson. I have been informed by Brother Knutson that safety was addressed in general, rather than particular issues. In addition, I was informed that UTU Vice President R.L. Marceau was appointed as a "liaison" for the general committees. I welcome any input from Brother Marceau which goes toward bettering the safety concerns of my membership. However, I believe it is best that all parties understand from the outset that this Committee has not made request for Brother Marceau or any UTU International officer to be assigned to represent this Committee, and thus only the general chairman, or his designee, has the right to speak on behalf of this Committee.
This Committee has four (4) major issues which must be addressed in order to mutually come to any kind of agreement with the Carrier. These four (4) issues have not changed over the past few years, and the Carrier, to date, has failed to address any of them, other than giving them inadequate "lip service".
Issue #1 "Availability/Attendance Guidelines " - to date, many of our members are continually required to work when they are in a state of mind which is dangerous to themselves and other, simply because they fear the repercussions of laying off to secure adequate rest. All parties recognize that a small percentage of the work force are not carrying their load, however, to unilaterally implement a onerous "program" which adversely affects all members has created a monster with regards to safety and must be addressed immediately.
Issue #2 "Stealth Teams" - this Committee recognizes that the Carrier has an obligation to both the government and their employees to provide monitoring of crews to assure rule compliance, however, this Carrier takes it to an all time low. Observation should and must be utilized for corrective action to eliminate unsafe work habit or rule violations. Operating officers have taken to utilizing such observations as harassment and ultimately disciplinary actions towards our members. The one thing you continually and consistently hear from our members when out on property is the fact that they now come to work in fear of losing their livelihood. They are continually being forced to work in fear, continually looking over their shoulder to see who is in the weeds trying to get them fired. The causal affect of such fear and intimidation is making "bone-head" and unsafe decisions.
Issue #3 "Injury Reports" - although the Carrier has stated that instructions have been issued to stop the harassment of employees when injuries occur and are report, such action has not taken place. Our members are continually being coerced into not filling out a personal injury report, but rather a report (first aid report) which does not require the Carrier to advise the FRA of an on duty injury to one of their employees. By filing a first aid report the employee has entered the game of "mother may I" prior to seeking medical assistance. This has resulted in numerous cases of disciplinary action for alleged failure to comply. If the person does not agree to file a first aid report, but rather files a personal injury report, he is intimidated, harassed, and/or investigated and disciplined.
Issue #4 "Rule Book/Rule Changes" - the Carrier has added so many rules that it appears our members are in violation of one just for showing up on property for service. It seems rule changes take place on almost a daily basis and makes it virtually impossible for any member to stay conversant with the applicable rules on any given date. The operating rule book must be whittled down to the point where all employees can readily understand and thus comply with all rules. One need only read a transcript of an investigation to see that the Carrier is able to read numerous rules into the transcript which the majority of them all saying and/or meaning the same thing. Take the needless filler out of the rule book and make it a workable conglomeration.
It was reported that BNSF Officer Matt Rose stated that discipline has been reduced. This is not a true statement on the property I represent. Over the past few years discipline has been on the rise, especially with the advent of the "attendance/availability" policy. With such misinformation being disseminated by the Carrier's highest ranking officer, it is hard to believe that any headway will be achieved in the improvement of the safety issues on property. However, rest assured this Committee stands ready to address any and all safety issues once the four (4) major issues are adequately addressed.
As a "liaison" for all general committees, Brother Marceau should feel free to share all the above information with the Carrier representative, however, I must reiterate he is not assigned to this Committee as our representative and thus any and all agreements or initiatives will only come as a result of the actions between the Carrier and the undersigned or his designated representative.
Fraternally,
/s/K.W. Mason
General Chairman, UTU/BNSF
cc: BNSF/UTU General Chairmen
UTU Vice President R.L. Marceau
Local Chairmen, GO-245
LANDMARK
DECISION WON IN DISTRICT COURT
BY THREE BNSF GENERAL CHAIRMEN
by General Chairmen John Fitzgerald, Ken Mason, and Bob Repstine
In September 1 1999 three separate BNSF/UTU General Committee of Adjustments, chaired by John Fitzgerald, G0386 (former GN), Ken Mason, GO-245 (former CB&Q), arid Bob Repstine, GO-291 (former C&S) were granted permission by the District No.1 General Chairmen’s Association for their respective Committees to be excluded from national handling in the current round of bargaining. The BNSF, along with the National Carriers Conference Committee (NCCC) adamantly refused to bargain with General Chairmen Fitzgerald, Mason, and Repstine asserting that the UTU International was the rightful bargaining representative for the employees and thus only the UTU International had a legal interest in the dispute. Due to the Carrier’s attempt to circumvent the Railway Labor Act, and in turn their legal responsibility to negotiate with the designated representatives, the three General Committees retained the legal counsel of John O'B. Clark of the law offices of Highsaw, Mahcney & Clarke, P.C., and filed a motion for summary Judgment against the BNSF Railroad. The BNSF Railroad filed a similar motion against the three General Committees in their attempt to circumvent the Railway Labor Act.
In a landmark decision rendered March 28, 2001, Judge Emmet G. Sullivan of the US District Court for the District of Columbia granted the motion for summary judgment filed by General Chairmen Fitzgerald, Mason, and Repstine and denied BNSF’s motion for summary judgment in a case involving the representational rights of individual General Committees. This ruling clearly support the rights of all General Committees guaranteed them under the expressed provisions of Article 91 of the UTU Constitution "without interference, influence, or coercion” by the Carrier. Although it is anticipated that the BNSF Railroad will appeal the decision, the three UTU Committees will continue to bear the legal expenses in their continuing fight to uphold the integrity of Article 91 of the UTU Constitution and the rights of the entire membership.
General Committee Dues / Special Assessment April 4, 2001Over the past seven (7) years this Committee has processed numerous claims as shown in the most recent quarterly report. During those years we have collected in excess of $800,000.00 for the members and have taken several actions through the US Courts in the members behalf. The number of files have consistently increased from year to year and this year we will open in excess of nine hundred (900) new files.
We are presently embroiled in a case in the US District Court in the District of Columbia concerning this Committees right to be autonomous in deciding the method of negotiating our schedule. As of March 28, 2001, we have a decision in our favor from the D.C. District Court, however, we do expect the NCCC and BNSF will appeal that decision to the D.C. Circuit Court of Appeals. The cost thus far has been shared with GO-245 and GO-291. We hope to continue in that manner until a final decision is rendered on appeal.
Aside from the legal costs we have increasing costs for postage, paper, rent and airfare among other items. Most other BNSF General Committees, including those not involved in the court action, have levied dues increases.
I am hesitant to call for a dues increase and would prefer to levy a special assessment of $25.00 per month for three (3) months as follows: special assessment of $25.00 for July and August, 2001. The third assessment would not be levied unless and until necessary. If not levied by July 1, 2002 (one calendar year period), the third $25.00 assessment would become void.
Historically, the monthly dues structure was set at the equivalent of one basic day per month. We are well below that amount now and I would prefer to remain there for the foreseeable future.
A ballot addressing the above issue is enclosed as well as an addressed, stamped return envelope. Please mark your respective ballot and return it to this office at your earliest opportunity.
NATIONAL/LOCAL HANDLING: 9-21-00
This to update the members on activities on the BNSF and the rail industry in general. This morning, September 21, 2000, it was revealed that sixty six senators had signed on to support the Railroad Retirement legislation, HR4844. The International further advised that the UTU had reached a tentative agreement with the Class One Carriers that would cover most of the involved employees. The tentative agreement will not apply to the former SP&S or Former Great Northern Road employees under present circumstances. This Committee and two other Committees have been embroiled in a legal case on the issue of National VS Local Handling. That case is still pending with a new court date of October 5, 2000.
Our positions and actions will not change based on a proposed agreement. We will review that proposal when and if we are provided a copy. We have no concrete facts with which to work at this time and I am reluctant to speculate. The issue presently in court is one of importance and must be handled to completion with finality. Otherwise provisions of the UTU Constitution and the rights and authority of the General Committees will remain in doubt.
I will act in the best interest of the members I represent. To that end, when the proposal becomes available I will welcome comment from all members of this Committee and will give those comments serious consideration in any future actions.
RAILROAD RETIREMENT LEGISLATION:
In association with the National issues comes the proposed legislation to improve the Railroad Retirement Act. The proposed changes are presently waiting to be brought up in the US Senate as HR 4844. There are presently some sixty six (66) Senators that have signed on to support the legislation and the International obviously believes it to be a done deal. Were it not most assured I doubt that a proposed contract would be presented at this time. For all effected there is a pop up on this committees web page and Local 1637's web site that provides easy access to US representatives and Senators. I urge you all to get involved and let them know you want this legislation passed. We urge any that read this to utilize those links to e-mail your representatives and senators. There is not a lot of time left and your assistance will be needed on very short notice to help get this legislation passed. The changes involved will affect all members, young and senior alike. Already retired members and spouses or survivors will likewise see improved benefits. Please watch for news and then act. Either e-mail or faxes are the fastest and most efficient means to communicate your wishes. This legislation appears to be on the way to passage, however, do not let up or relax until it is passed and signed into law regardless of assurances from other sources.
ATTENDANCE (AVAILABILITY POLICY) GUIDELINES:
Yes, the Carrier’s abomination is still out there and still affecting your fellow members and perhaps you. This edifice of stupidity actually impedes any improvement to work/rest/and fatigue issues that exist on the property. Even though ground service employees should be able to have time off, the different departments have established road blocks that prohibit even the amount of time allowed under the guidelines without facing censure.
We have employees that have received discipline that deserved no criticism whatever, employees that worked consistently whenever asked. These employees will now have a bad taste in their mouths until retirement. Nothing like “vision and values” to improve the morale and work ethic. It is strange, however, that many officials have every weekend off and others have at least every other weekend off. These are BNSF employees on regular assignments. Seems there is a double standard, especially for those that had enough intelligence not to become exempt employees.
We will progress the cases concerning discipline under the guidelines and I believe convince the neutral at arbitration that the “policy” is unfair, in violation of agreements, applied inconsistently and on and on. There is also some question of whether the Carrier Officials administering the “Attendance Guidelines really understands those
guidelines and how they apply. Some supervisors even believe weekends do not necessarily fall on Saturday or Sunday.
PAYROLL ISSUES:
What can I possibly say about a system that fails miserably to perform the service for which it was designed. Some, maybe most, of the problem can be attributed to the individuals overseeing the computer slips, their declinations and communications with the employees. Usually when something is broke you work to fix it. In the case of TK 2000 I do not even have a clue of where to start.
Employees have difficulty getting call slips and at times time slips in order to submit their claim.. Crews or individuals are called to deadhead to a distant terminal and then worked back on a train in separate service and only provided one call slip and one time slip. Declinations are issued claims are appealed and time keeping denies they received the appeal. Local Chairmen have had to resort to certified mail to ensure delivery and receipt. Even then time keeping denies to the wrong representative and when called on the mistake denies they ever received the appeal they answered to the wrong representative.
On top of that nearly 99 % of the appeals are declined thus dumping hundreds of claims on the General Chairmen to handle which in turn delays all handling due to the volume. The above problems deny members their proper and timely pay. Cost the organization untold amounts and further burden an overburdened system. I am of the belief that the only remedy is legal action against the Carrier.
During the week of September 11, 2000, J.L. Schollmeyer, G.O. Hartsock and myself spent more than a few hours addressing issues in timekeeping at Topeka. I was unimpressed by the responses and have less faith that any meaningful remedies will be forthcoming in the immediate future. We will have to keep applying the pressure to get the needed corrections and I believe, as stated above, it will more than likely have to be pressure via the court house.
Hammerheads / Claims: 8-3-00
In regards to the above reference, it is becoming more apparent each day that the hammerheads or something similar will become an integral par of train service duties.
I believe the now annoyance and troublesome handling of hammerheads may become a required handling for any conductor or yard foreman. Therefore, the language below should be utilized from the point forward in submission of basic day claims when required to use hammerheads.
"Claim one (1) basic day due to required familiarization and use of Carrier provided and required hammerhead. Such use and familiarization exceeds the duties of Conductors (foremen) and places new duties and job requirements on those conductors (foremen)."
Also, I would advise that an additional time claim be submitted for each shift for twenty-five (25) miles when required to handle the hammerhead to and from your engine consist or train.
Please provide the above information to your members. Also required your member to provide written feedback to this office concerning problems or issues associated with "hammerhead use", which would include excessive time requirement, inability to complete work within the allowable hours, problems uploading or downloading, etc.
Your assistance in this issue will be appreciated.
ATTENDANCE GUIDELINES: 7-7-00
As most employees are aware, the BNSF has initiated the "Attendance Guidelines", issuing letters to many employees advising of their noncompliance with that policy. Other employees have received letters of investigation for their alleged continued violation of that policy. Some of those investigations have been held while others have been canceled for various reasons, mainly a lack of attention to detail by the Carrier. We will expedite the handling of any discipline meted out to our members.
The indications thus far demonstrate a total lack of understanding by the Carrier as well as a total lack of logical or reasonable thought on the Carrier’s part. The "Guidelines fail to take into consideration the hours worked, the hours away from home and family, and the hours setting by the telephone waiting for a service call.
This office has written to Labor Relations and the top operating officers and advised those individuals that I stand ready to negotiate any outstanding issues. I will not, however, meet to negotiate policy that can be changed unilaterally by the Carrier without notice or input from the Organization.
BNSF/CN MERGER: 7-7-00
At this point in time the 15 month moratorium on mergers is still in effect although the issue has been referred to the D.C. Circuit Court of Appeals for review. A decision from that court is expected this month. Regardless of the findings of that court, this Committee will continue to strenuously oppose that merger. To that end, upon receiving rumors that the UTU International would consider supporting the merger if the BNSF withdrew the "Attendance Guidelines", the undersigned and General Chairman K.W. Mason both addressed President Little seeking to have the rumor dispelled. President Little responded by letter and advised that such rumors were totally without basis.
There is only one way the undersigned and this Committee could ever support the proposed merger and that would entail the imposition of protective conditions at least to the same level as provided the employees in the original Burlington Northern merger. If, as Mr. Tellier and Mr. Krebs claim, the merger will result in a much stronger and financially sound railroad, such protection should not be a major obstacle. Further, such protective arrangements must be in place prior to any support being given.
TSS PROGRAMMING CHANGES: 7-7-00
On or about July 1, 2000, the BNSF established " an improved computer time slip system. Needless to say the new and improved model leaves a lot to be desired and has caused more problems than it was supposed to cure. Our web master, J.L. Schollmeyer, described the new screens as resembling a thirteen year old DOS screen. We are working to correct the problems and have requested the Carrier to immediately address the deficiencies. There will undoubtedly be pay shortages and declinations that should not occur. Correspondence has gone out asking the Carrier if we will be required to appeal each such shortage or declination or if the Carrier will correct those problems without a flood of paper work.
The last changes placed immense loads on both the Local Chairmen and this office and we still do not have all shortages and declinations corrected. This is absolutely not fair or reasonable to the employees nor is it reasonable to place that extra burden on the representatives. There are enough problems and issues already in existence to consume the available time.
PEPA AND SIAP: 7-7-00
The BNSF also recently issued a new discipline policy (July 1, 2000, effective date). This policy eliminates time served in discipline cases except for certain serious infractions. Time served for discipline in the non serious cases will not be experienced until the level of dismissal is reached. This can be good and bad. The employees will likely be lulled into the belief that nothing is serious until it is too late. This again is a Carrier issued policy. Print a copy and read it. All members need to be aware of the contents, and the pitfalls.
SIAP is an alternative to normal investigation and discipline. This program was initiated on the Montana Division and the undersigned supported that program as initially instituted. SIAP has now been incorporated into the discipline policy. As long as the handling and criteria involved are the same I will still support it. The SIAP program looks to the root causes and seeks corrections whereas, the investigative process tends to place blame, deserved or not.
As long as there are no hidden agendas I will support the SIAP, however, if prostituted I will recommend that we withdraw.
NATIONAL/LOCAL HANDLING: 7-7-00
This Committee, along with Chairmen Repstine and Mason, is still pursuing our legal case in the D.C. District Court. We have petitioned for Summary Judgement and hoped the oral argument would occur on June 30, 2000. The oral argument has, however, been set back to September. We will be patient and await that hearing.
In the mean time the National Negotiating Committee is meeting with the National Carriers Conference Committee on their negotiations. From information received there is no settlement there at this point. The undersigned and this Committee are not party to those negotiations, however, we await the results with interest.
WAGE RECOVERY: 5-9-00
A recent issue has arisen wherein BNSF Labor Relations has made a determination to recover what BNSF maintains are improper overpayments due to computer program error and/or clerical error.
Such recoveries amount to figures from several hundred to several thousand dollars.The alleged overpayments occurred when certain employees were paid extra board guarantee from two (2) separate extra boards allegedly for common periods of time. Carrier (BNSF) has sent letters advising employees of such alleged overpayments and Carriers intended recovery, however, BNSF provided no documentation or factual data to support their contentions and allegations.
At this point in time, and by this notice, the undersigned is requesting Local Representatives of this Committee to appeal Carriers recovery from the members as improper and unfounded.
The facts are yet to be determined on the propriety of Carriers action.Existing Law Board Awards are not determinative at this point with Awards both opposing and supporting Carriers action.This office has requested Carrier provide factual support for their action in recovering monies paid out. We will endeavor to follow up on this issue and we ask that the members and representatives keep these claims alive until we have a direction for resolution.
ATTENDANCE GUIDELINES: 5-9-00
The infamous Attendance Guidelines (AKA Availability Policy) is now entering its third month and a number of employees have received notification to meet with BNSF Supervisors.
At last BNSF is bringing down what could be called the Iron Heel and they’re bringing it down on the backs of good employees, as well as those very few who do not want to work.AS much as BNSF would profess a reasonable application of that policy/guideline, such will not occur.BNSF is incapable of applying any policy in a reasonable or logical fashion.
BNSF still denies reasonable time off via lay-off, personal leave or floater vacation, pre-arranged or not.BNSF does not take into consideration the number of hours worked and/or away from home.BNSFdoes not take into account their failed and faulty computer systems, their inability to reasonably regulate extra boards and their inability to provide reasonable line-up information.
Again, I ask that you do your best to comply with the guidelines. I also ask that you utilize time off to which you are entitled and to submit time claims when so denied that time off. Also keep track of the hours you work, are away from home, or that you must protect the telephone while waiting for the BNSF to run their train.
Note the attached Public Law Board Award No. 7 from Public Law Board No. 5142.Please retain for your files.
Contract Talks: 3-13-00
As previously reported, the National Carrier’s Conference Committee (NCCC) on or about November 1, 1999, served section 6 notices directly on UTU International President C.L. Little to change contract conditions and work rules serviced by the undersigned and this General Committee. On or about December 1, 1999, the NCCC and BNSF filed a complaint against the UTU International and this General Committee and two other Committees in the Federal District Court in Washington DC.
In late December, 1999, this Committee and GO-245 and GO-291 filed a complaint in the same district court against the NCCC and the BNSF. At this point in time the two cases have been merged and assigned to a new judge based on objections filed by the above three General Committees, the UTU International and the BLE International. The filings and responses may be found on this Committees web site. The decision(s) of the above cases will determine to great degree what type of forum this Committee will be allowed to work within concerning the 2000 contract round.
Do not be lulled into the belief that a positive decision in the Washington DC District Court will settle our problems. A decision in our favor will only help us to get into the forum we desire, to deal with the issues of importance on this property. Continue to check our web site and keep up on what is happening in regards to this Committee.
Several more BNSF UTU General Committees have now announced they are entering National Handling and are giving the International their power of attorney and authority to negotiate in their behalf. By letter of February 28, 2000, Robert F. Allen, Chairman NCCC, sent a letter to all BNSF UTU Chairmen purporting that letter to cover Section 6 Notices served on the respective Chairmen. The undersigned, and Chairmen Mason and Repstine each responded in similar fashion as shown in letter of March 3, 2000, attached hereto.
Until there is a definitive answer to the legal questions pending in the WA D.C. District Court, I cannot in good conscience follow suit and enter National Handling. Until those questions are answered we will continue to be coerced or blackmailed each contract round and will be unable to determine our own destiny. Those answers may well have much greater importance if the BNSF/CN merger were to be approved and fewer General Committees existed.
The International, in the meantime, has been starting their discussions with the NCCC in an attempt to reach a resolution on a new contract. I am not directly involved in those negoiations on the National level, but I believe there may be significant movement by the involved parties by early fall. I am in hopes that this Committee and the other two will as well be moving forward by that point in time. We shall see.
(Availability Policy) Attendance Guidelines: 3-13-00
The "availability policy" has been cancelled and in its place you will find the new and improved "Attendance Guidelines". The new and improved version is neither new or improved. It is merely the old policy rewritten and dressed up to look better and kinder. The application and effect are the same in the new as was in the old.
So what do we do now? Well, as before, my thought is to stand up and say; apply the damn Policy or Guidelines (whatever they want to call it) as written. The Carrier should be obligated to allow the days off as outlined without argument. The problem is the Carrier cannot do so. The Carrier has mismanaged their manpower so badly, adjusted the extra boards so poorly and treated their employees so shabbily that they can’t even comply with their own policy. At this point in time you can find trains setting in terminals waiting for crews where such delays never occurred in the past. Cross utilization of employees from one board to another is at all time highs. Younger employees are cut off and recalled so often that they do not return anymore or they take the full thirty (30) days to return.
The Article that appears on the front page of the March, 2000 UTU News does not provide an insight into the full attendance guidelines and their implementation. To fully understand the impact of those guidelines, review the attached letter and guidelines including instructions for supervisors. Judge for yourselves whether or not this is a kinder and gentler BNSF.
I have never seen a business run into the ground as have Mr. Rose, Mr. Ice, Mr. Dealy and the King with no clothes, Mr. Krebs, with the former Burlington Northern Railroad. The sad fact of the matter is, they have convinced themselves that everything is working great or at least that is the face they wear.
BNSF/CN CONSOLIDATION: 3-13-00
As previously mentioned, the Burlington Northern Santa Fe and Canadian National announced in December, 1999, their intention to merge those two railroads into one corporation under common control. The undersigned and this committee immediately announced opposition to that merger and in filings to the Surface Transportation Board (STB) stated some of the reasons for that opposition. That submission can be accessed on the Web at jay@utu386.org/, under FYI on that site.
The BLE has recently come out in support of the proposed merger and have allegedly garnered some conditions if the merger is successful. I wish them well in their endeavors, however, I do not have their blind faith that the BNSF will keep its word. The only thing I would trust is a well written agreement signed by the BNSF and even then I believe they would argue later about the true intent of the language.
JD Fitzgerald Submitts his view on the merger 2-29-00
Attendance Guidelines (The new and improved Availability Policy) 2-16-00
I have acquired a copy of the Attendance Guidelines <new policy> which the BNSF intends to implement on or about March 1, 2000. As shown by the enclosure, these guidelines closely resemble the pertinent parts of the now canceled "Availability Policy."
I does not agree with the terms and requirements of the requirements of the attendance guidelines any more than I embraced the conditions and requirements of the "Availability Policy." Nor can any officer or employee of the BNSF associate my acquiescence or input with the attendmce guidelines.
I am fully cognizant that the courts and the arbitrator rules BNSF has the managerial right to establish a policy such as that presented. AT the same time, the Carrier has the right to withdraw or modify that policy with minimal notice.
I urge you, as local officers, to become knowledgeable of the attendance policy. I urge each member of this Committee to become familiar with this policy and its application. I earnestly request all of you to observe and comply with the attendance (policy) guidelines to the best of your ability while at the same time advising your local representatives and the undersigned of any criticisms or threats of censure by the Carrier.
This new "attendance (policy) guidelines" is nothing more than a slight modification of the "Availability Policy." The new and improved are just as distasteful and objectionable and do not serve to benefit or help ground service employee. Further, these new "guidelines" once again fail to address the underlying problems that generate rest and fatigue issues.
It is obvious by BNSF’s actions in North Town, and other areas, that BNSF management is not interested in problem solving, but instead, determined to dictate their employees lives, regardless of effect.
The policy of this Committee is unchanged. We will not be involved in company sponsored programs, nor will we be drawn into negotiating policy.
I urge all officers and members of this Committee to work safely and comply with all rules and instructions to the best or your ability. I also urge you to apply our schedule agreements without fail. And finally, I urge your assistance in reporting abuses, intimidation and coercion by Carrier officers to work unsafely and to violate operating and/or schedule rules.
Noticies Served 2-15-00
This Committee has served two Section 6 notices concerning issues at Superior, WI, by doing so forces the BNSF to maintain a status quo until this issue is resolved.
1. Terminate, for purposes of assigned and unassigned freight service, Cass Lake, Minnesota as a designated terminal for service between Grand Forks, ND and Superior, WI.
2. Establish Grand Rapids, Minnesota as a terminal for assigned and unassigned freight service between Grand Forks, ND and Superior, WI.
3. Develop and provide for other conditions that may be required in conjunction with Items 2. and 2 above as determined in conference.
4. Set forth conditions that will provide for stipend of not less than $250,.000.00 for all Superior, Wisconsin trainmen affected by changes expressed in Items 2. and 2 above.
1. Develop rules, conditions and implement assigned freight and through freight service (including unit trains) between Willmar, Minnesota and Superior, Wisconsin operating with crews based in Superior, Wisconsin and Willmar Minnesota.
Prescription Benefits Under Health and Welfare 2-13-00
United Health Care recently, December 1999 or January 2000, issued new member cards to all UTU employees covered under that provider. The cards now identify UTU and carry a new designation number other than GA23000. That new designation is 2222.
If a covered employee uses the old card and old designation at a participating pharmacy, that employee will show as canceled. They need to present the new card and make sure the pharmacy enters the new information.
If an employee does not have the new card, they need to contact: MERC Medco at 1-800-842-0070
the now cancelled "Availability Policy."1-14-00
The Availability Policy has been cancelled note the attached letter of J. Fleps, dated January 10, 2000 to General Chairman K.W. Mason.
Even though the "Availability Policy" has been canceled, the policy of the undersigned and this Committee remains as previously stated and has not been modified or rescinded.
The undersigned will, as shown in the enclosed letter of January 13, 2000, again meet with the Carrier on work/rest issues. This is as I previously stated I would. When and if there are any significant changes in the Carriers attitude and approach to safety, work, rest and fatigue issues, our policy statement will be revisited.
PAYROLL and TIMEKEEPING ISSUES 1-11-00
Over the past week the problem of shortages and a lack of concern out of payroll has been reinforced. Time slip tickets submitted with inclusive arbartaries or special allowances are declined in part or whole or are just not addressed on the printout for the pay half. In some cases the shortages are sizable and need to be corrected before the checks are printed or at least covered by a time check.
At this point operating employees have the access to their payroll period earnings on a continuous basis and can review those reports for shortages and errors. If the employees will make those reviews prior to the close of the pay half and advise their representative or contact payroll directly a number of the errors can be corrected before the checks are printed. The payroll period closes on or about five days after the end of the half, depending on day of the week. I earnestly encourage each employee to closely review their respective earnings statement for errors. If you are having trouble understanding the report please advise your Local Chairman and get some assistance.
If you contact payroll directly and are treated poorly or told they are too busy, advise this office or your Local Chairman. Payroll should treat the employees as customers and do so with respect and the proper amount of assistance. Failing to do this they need correction and correction can only come when we know the wrong attitude is being projected.
The new timekeeping system has caused an enormous number of problems with rule applications and with application of the wrong schedule rules. The Carrier has, and still is, trying to bend the applicable schedule rules to fit their new systems. We have to take each of these issues one at a time and work for correction. This is a slow and frustrating process.
RULE CLASSES 1-11-00
The Carrier is once again starting their biannual rules reexamination and re-certification for engineers. Per agreement effective December 1, 1998, ( link to agreement) employees in train and yard service are paid to attend such classes. The problem now exists with scheduling such classes. The Carrier knows four (4) to six (6) weeks in advance when the classes will be held, however, the Carrier cannot seem to get the information to the employees until the day before or even the morning of the class. We are trying to get this corrected but there is a definite lack of common sense and accountability in almost all BNSF departments. Further, the Carrier is doing everything they can to minimize the cost for such classes. Thus, as most can imagine, they are stepping over dollars to pickup pennies.
An additional note on rules testing concerns Carrier's stated intent to handle such rules review and testing through the computer, CBT (computer based training). This committee has some definite problems with such a proposal as stated in my letter of January 11, 2000 (link to letter). There are concerns with the hours of service, which applies to such testing, as well as the pay provisions under the December 1, 1998, agreement. Further, there will still be the problem of scheduling and an additional problem of verification of who actually took the test and was determined qualified to operate as a conductor, brakeman, foreman or helper.
CBT rules testing is now being tried at select locations, including Kansas City. We will keep the members up to date on the progress of this issue.
CONSOLIDATION OF SPOKANE, WA TERMINAL 1-11-00
This office has been advised that the BNSF will serve notice this date, January 11, 2000, under Implementing Agreement No 1 to expand and consolidate the Spokane WA terminal to the limits proposed in that Implementing Agreement. The proposed limits would expand the terminal east to include Hauser Yard and possibly to Rathdrum. Once the notice is received and reviewed we will respond and meet with the Carrier on that notice. Again we will keep the members advised on the progress of this notice. There are a number of issues that must be resolved to satisfy the potential problems.
FURLOUGH OF EMPLOYEES 1-11-00
The Carrier has initiated reductions in force to the point that increasing numbers are being furloughed. The Carrier's action was not unanticipated, however, it does appear to be self defeating. Each time the BNSF has furloughed and recalled, almost on a weekly basis, they have lost employees who are sick and tired of the constant fluctuations. It costs the Carrier between $20 and $25 thousand dollars to train and employee. Due to their actions they have wasted millions. To that end the undersigned has been provided with information concerning potential hiring by the CSX. When I have telephone numbers and names for contacts that information will be provided for any furloughed employees or any employee that wants to get away from the BNSF insanity.
There may be relocation involved, however, the potential stability may be well worth it. Then we can let the BNSF demonstrate to the other Carriers what a good training agreement the BNSF has. Who knows, perhaps the BNSF will become the trainer for the majority of US and Canadian Railroads. It would seem a good deal to the other railroads.
Availability Policy
The BNSF asked the General Chairmen on the BNSF to discuss the Availability Policy. The BLE and a few UTU General Chairmen did agree to talk about the policy. These discussions will continue the middle of January, 2000. This committee will not attend those sessions and will not agree with the establishment of any policy or conditions contained in such policy.
This committee will meet with the Carrier anytime to develop agreements on work/ rest and fatigue issues as well as issues surrounding time off. However, we will meet at a level table that is not cluttered with garbage.
Hammerheads
For those employees working in cabooseless operations, claim 25 Miles for handling and transporting the hammerhead from the Designated location to your train. Under the provisions of board Award 419 use code 99 on a special claim timeslip. Make sure you put job assignment on the timeslip. This is Claim to be in addition to all other compensation received for that Day.
CLAIM FOR ALL ASSIGNMENTS USING HAMMERHEAD
For those employees required to use the hammerhead, claim a basic day utilizing code 99 on a special claims timeslip. Claim one basic day at applicable rate for (conductor’s name), in addition to all other compensation received for this date, account required to perform hammerhead duties on (date).
Medical Releases
The BNSF is making every attempt to get access to your personal medical records. On their so called Availability Policy they would require you to sign a blanket medical release to get an excused absence.
When a personal injury occurs a carrier officer will try to sign off for the billing at the emergency room. They do this with the hopes to gain access to your medical records.
If you are injured tell the emergency room you will take care of all billing and inform them it is not a Workmen's Comp claim. Never give a medical release without talking to a Local Chairman or Designated Legal Council
TK2000 & TSS Bugs and Shortages
This committee was very vocal of what we expected in a computer system back in June of 1997.
In 1998 when the BNSF told us they were going to do a piecemeal roll out ofTSS. We were critical and would not be a part of their roll out team. Now with TK2000 up and running our fears have become reality. We have shortages, appeal problems and ongoing crewboard problems. I want to assure you that we will keep after the BNSF until it is fixed.
BNSF-Cn Proposed Merger
Just before the end of 1999, the Burlinton Northern Santa Fe and Canadian National announced their intentions to file an application with the Surface Transportation Board to merge those two railroads. This announcement was greeted with less than enthusiastic support. This committee has already expressed our concern and unfavorable opinion. We will continue to oppose such a merger due to the very real potential of harm to the members on the North Lines. Further, there is a distinct distaste for the export of US corporations, let alone US jobs.
The National Carriers Conference Committee (NCCC) Complaint.
This committee as well as all but one other UTU committee on BNSF was excused from National Handling in September, 1999. On or about November 1, 1999, Robert Allen , NCCC Chairman, attempted to serve section 6 notices concerning working conditions on BNSF on International President CL Little. The BNSF committees did not counter serve and advised Mr. Allen the notices were improper and served on the wrong party.
Under the UTU Constitution and the Railway Labor Act, as amended, the UTU General Chairmen are the designated Representatives and hold the authority to negotiate wages, rules and working conditions unless that power of attorney is passed to the International. This committee did not release our power of attorney to any party.
On or about December 1, 1999, The NCCC filed a complaint in the DC District Court in an attempt to force this committee and the other BNSF committees into National Handling whether we agree or not. This action will be addressed and defended against. Were the NCCC’s position be allowed to stand the authority now vested in the General Committees would be, for all intents and purposes, transferred to the International. The autonomy of the General Committees would be eliminated and we, myself and all members of this committee, would be required to march in step with the International’s desires and dictates.
This is an issue that all General Committees and General Chairmen should be concerned with and address. I do not intend to go quietly nor allow those in Washington D. C. or any other distant location dictate the needs or actions of this committee and it’s members. The direction and instructions I receive must come up from the membership and not down from the top.
Copyright ©1999 JL Schollmeyer all rights reserved.
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Last Updated: 04/6/01
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