GENERAL COMMITTEE 386
NEWSLETTER

June 30, 2005           

One draft of this news letter was generated and then discarded in part due to the rapid changes in issues and what is happening on the BNSF and with the Wage and Rules Movement currently in National Handling. Our intention is to present up to date information and issues and do so on a continuing basis.

Contract Status:

At present, the National Negotiating Committee just met with an NMB mediator and the National Carrier’s Conference Committee (NCCC). Those discussions evidently focused on issues other than Crew Consist and FELA, which are subject matter of pending litigation in the Federal District Court in the Southern District of Illinois. The three involved parties have agreed to a gag order in regard to discussions during the pending mediation and as such details of those discussions will not be available until all parties agree to make a release. Due to the pending legal action the issues of Crew Consist and FELA will not be on the agenda until and unless the courts determine those topics proper and ripe for Section Six Notice handling. The UTU, NCCC and NMB have set tentative dates for four (4) mediation sessions in August, September, October and November of 2005.

As an aside, the process under the Railway Labor Act, as amended, is a slow process, purposely designed to avoid work stoppages and to reach a negotiated settlement. The process begins with the service of Section Six Notices by either the Union or the Carrier’s or both. Such service is followed by negotiations.

If either party breaks off negotiations the other party may request the services of the National Mediation Board (NMB), which is what occurred in our case. While UTU did not break off negotiations, the Carrier’s (NCCC) determined it appropriate to seek mediation. The parties will be in mediation until released by the NMB due to an impasse. At that point there would be a cooling off period, during which the parties, NCCC and UTU, can accept or reject final and binding arbitration. Both parties must agree to final and binding arbitration or after the cooling off period the two parties, NCCC and UTU, could resort to self help, either strike or lockout.

If the parties, or either party, resorts to self help, the United States President can order the establishment of a Presidential Emergency Board (PEB) to hear the issues involved from both the NCCC and the UTU and then render recommendations for settlement. The PEB consists of three (3) members determined by the President.

When a PEB provides its recommendations, the parties, NCCC and UTU, have a period to review and either accept or reject the PEB’s findings. If both parties accept the recommendations, those recommendations would be used to draft an agreement. If one or both of the parties reject the PEB’s recommendation there would be another cooling off period and then either or both parties could resort to self help.

If either the UTU or NCCC resorts to self help, the US President can stop a strike or lockout and send the issue to Congress for a forced agreement.

Southern District of Illinois US District Court:

The UTU International brought an action in the above Court against all Class one Carrier’s based upon those Carrier’s’ inclusion of Crew Consist changes and FELA issues in their respective Section Six Notices, which were served upon the UTU International and UTU General Committees.

FELA is a Federal Law that can only be changed by an Act of Congress. Crew Consist is an issue that has been historically held to be a Local issue to be handled by the individual Carrier’s and the respective UTU General Committees. The Crew Consist Agreements also contain moratoriums, which bar Carrier’s requests for changes sought.

At this time the first hearing on the issues in the court will occur on August 1, 2005. As this case progresses we will make every attempt to report the outcomes as quickly as possible.

 

BNSF Short Lining of Facilities:

While BNSF has not been adverse to selling off lines in the past, the railroad now seems bent on selling or leasing yard facilities and trackage to Short Line Carriers. Ostensibly BNSF maintains such selling/leasing is necessary to increase their already record profits. All General Committees on BNSF will face the sale/lease of some facility. Surprisingly the initial requests of the Carrier concern a reduction in crew sizes for yard engines and road switchers and a change in the 2002 RCO Agreement.

While BNSF maintains the need for a twenty five percent (25%) savings the repeated Carrier proposal would result in the elimination of the helper/brakeman and give the ability for the engineer to operate the locomotive from the console or from the ground with the remote control. The common thread to all sales/leases thus far is just that, a reduction in crew size and giving the engineer the right to work on the ground with the remote belt pack.

General Committee 386 has made a counter offer to the BNSF with regard to BNSF’s stated intention to short line Terminal Six and Rivergate in the Portland/Vancouver Terminal. This offer was made to the BNSF and copy of same provided to the respective BLET Chairman. The counter offer involved using a foreman and helper on the yard crews with the added requirement that the foreman be certified to operate the locomotive from the console. At this time there are numerous certified engineers working in ground service who could perform this service and other foremen could become certified to fill those positions without establishing engineer’s seniority, unless the BLET objects.

It was the hope that the BLET would consider this counter offer in order that the jobs would remain available for BNSF ground service employees. All employees hired since 1985, and those promoted to engineer since July of 1978, have ground service seniority.

It is the hope of this Committee that the BLET will not turn a blind eye and refuse to even consider this offer, which could likely result in the loss of jobs to all BNSF employees.

 

Protect Your Rights When Injured On The Job:

Report every accident involving personal injury as soon as possible to your supervisor or foreman or by telephone to your home terminal if no supervisor is present. Failure to make such a report may be a violation of company rules and subject you to discipline. Also, the railroad may later claim that your failure to timely file a report was because the accident never happened, or they were deprived of the opportunity to investigate it. Rules require only that you report the injury, not that a written report be completed.

Always request a trusted fellow employee to immediately inspect the equipment, thing, or area that caused or contributed to your injury and make a written note of the date, time, place, equipment, or car number, and results of the inspection.

Fill out your own accident report if you are physically able to do so. Be very careful when answering any question.

Provide information about your injury, however railroad rules do not require that you provide a tape recorded statement to a claim agent–only that you give pertinent information–so you can insist on writing out only what you do know about the incident.

Always remember the Courts have ruled that railroads have a legal duty to provide their employees with safe places to work, and also with safe equipment, such as cars, tools and working conditions. If the railroad fails in this duty, this is negligence on its part, and the injured railroad employee has the right to recover damages (money) from the railroad. This duty extends to the property and premises of others. If you are required to perform your duties on non-company property, you remain protected and the railroad's duty is usually the same.

Always remember that under Federal Law the railroad can take no action against you for making a claim, or seeking the advice of an attorney, or by cooperating with the attorney of an injured employee, or for giving an attorney a statement concerning the facts of any rail accident.

Always remember that if you cannot come to terms with the railroad on a settlement you have the right to retain an attorney, file suit in state or federal court, and have the absolute right to a jury trial.

Always see your own physician or specialist rather than a company selected physician or specialist. You may be required to see a company physician for a physical exam, but you are not required to accept ongoing treatment from such a doctor.

Insist that the doctor not personally release any patient confidential information whatsoever to any supervisor present at any "company doctor" visit, you can tell your supervisor whatever you choose after the doctor examines you.

Always keep a logbook or written record of days lost, names of crewmembers with you when you were hurt, doctor's visits, hospital visits, expenses, and statements made to you by company officials.

Note: A card for your use has been attached. Please carry this card and use if necessary, by signing, dating and submitting to your care provider.

 

OPINION:

I was a Local Chairman for eighteen years. I have been an Assistant General Chairman or General Chairman for twenty-four years. During those years I have worked with numerous Carrier Officers at the local level, division level and system level, operating officer, labor relations, safety, almost from all aspects of the railroad.

While the two entities, Labor and Management, are adversarial in basic nature and function, there are some officers that have stood out with regard to honesty and integrity even when holding opposing views and beliefs.

For several years now, this Committee has worked with KL Parton, Director Labor Relations, on claim handling and other issues. Mr. Parton also handled most discipline issues, at least initially. While we had our differences, Parton was always timely, pleasant to work with and did his best to maintain integrity in his dealings. Mr. Parton was also an aspiring author and kept telling those around him that he was writing a novel.
Well low and behold he did write a book, fiction, concerning a ficticous railroad. He was able to get a publisher and may well be on his way as an author. Now comes the BNSF and based on the contents of the fiction novel, advises Mr. Parton to pull down his novel or be dismissed. He was dismissed Friday, June 24, 2005.

Since the book has not yet been released for sale and will not be released until October of this year, it is difficult to determine the content BNSF objects to. Perhaps the fiction is truer than strange.

Now on the other hand, Vice President David Dealy also wrote a book (actually it appears to be ghost written) titled “Defining a Really Great Boss”. Now while this is supposed to be nonfiction there may be some question as to which section of the book store you would find Dealy’s book. In-so-far-as the content’s of “Defining a Really Great Boss” there are some passages that could be quoted to determine it was not an autobiography.

Be-that-as it-may, we wish Mr. Parton the best of luck and realize the BNSF upper management can be as intolerant with their own as they are with the scheduled employees. While there are no strings attached and no commission involved I encourage any who desire to read Parton’s “End of the Line” to do so. Our web page article has a direct link to Amazon for that purpose.

 

J.D. FITZGERALD