January - June 2005 Meeting Minutes

 Here's What Happened at the Meeting on Monday, January 17 2005 

 Meeting opened by president in due order.  Forms were made available for the James P. Hoffa memorial scholarship awards. Anyone interested contact Ron or Rick.

 Members present: R. Etienne, R. Balkowitsch, D. St. John, R. Reams, B. Knowles, T. Jacobs, K. Atwood, R. Reddish, J. McHenry, R. McCartney, D. Beckwith, R. Moore, K. Taylor, E. Taylor.

 Due to no meeting being held in December, the minutes of the November meeting were read.  The floor was opened for discussion and amendments. No amendments made and motion to accept minutes as read by T. Reddish, Seconded by K. Attwood.  Motion passed.

 Financial report made by Sec-Treasurer.  We currently have 111 members and one trainman.  Due to technical difficulties, no bills were paid in November or December.  We will make all these bills up this month.  The GCA as of January 1 is receiving our dues payments and redistributing them to the appropriate bodies.  They have sent us a form to allow them to deposit the monies we are owed directly to our account.  However, the second paragraph also authorizes them to make withdrawals at their discretion.  After discussions with the President, we are going to rewrite the authorization form to subtract this paragraph.  We will then send it in and see how they react.  Be aware, that until they accept, or we are forced to use the second form, we will be receiving no dues monies. Floor was opened for discussion. Motion made by B. Knowles to pay the bills as presented, seconded by E. Taylor. Motion passed.

 Safety report made by B. Knowles. The recent SACP meeting was held in Spokane.  There was a recent spill in the new refueling facility at Hawser. Mr. Jackson hijacked the participants for a walk through the facility. This is a very nice facility but as normal, they went cheap in many areas and are already suffering the results.  There were discussions about making all detectors except those at terminals silent.  This would still allow you to get your axle count but cut down on radio traffic. There were questions on whether they could also be made directions. There was also discussion about changing the rules so you would not have to call out signals inside terminals.  No decision made at this time but will keep you posted.  There have been some instances where crews have been doing their work on cell phones when the radio traffic is high. DON’T DO IT. Not only is it against the rules, but leaves you no backup if something goes wrong.  Still waiting for the WUTC meeting on point protection. It has been cancelled 4 times already. Will attend if it happens and will keep everyone informed.

Lineup Committee report. T. Reddish handed out a synopsis of the report that was recently finished. This study was for six months and the participants gave a 3 hour presentation with discussion to Mr. Jackson and other officers.  They came up with 23 recommended changes that they will look at. We do not know how many be adopted but look for some changes to be made. Whether it will be better or worse we will have to see.   We also have gotten the Gateway division back. Unfortunately they had a bad derailment just afterwards.  A train was lined into a house track with grain cars spotted on it. They hit in the area of 41 mph. Both crew members were injured severely but survived.  Please be careful out there, this should serve as warning to us all.

 Local Chairman. 

 Our Section 6 Notice is out and posted on the web site. BNSF has expressed interest in withdrawing from national handling.  We will see what happens.   

Vacations, all weeks in May are full. Excessive changes will be discouraged. All prime week changes will be by bid.

 Code 2B. BNSF is relying on a recent board award PLB 6171, award 32. The neutral declared that XBD engineers don’t fall under “short turn around” rules. They say they are called for “dog catch service”.  I can’t find any agreement that creates this class of service.  Have sent letter to the GCA for interpretation, but no answer yet.  Currently we are told trip after 25 miles will pay code 2B. Or depart after 8 hours. Or total miles over 100. 

The correct application of code 2B is as follows:

If making multiple short turns, an ADDITIONAL BASIC DAY is entitled if ANY of the following occur:

1. If the FIRST trip is in excess of 25 miles one way, and a second trip is made, regardless of the distance,
2. The total mileage of the MULTIPLE trips exceeds 100 miles.
3. The second trip commences after the expiration of 8 hours on duty.
   • In the first example above, if the first trip is less than 25 miles one way, then the second trip can be made without beginning a new day. If a 3^rd  trip was also less than 25 miles, but a final trip went out 25 miles, there would be no beginning of a second day.
   • This is not a penalty rule, but simply used to determine when to start a new day’s timeslip.

 Primary Recall Agreement Proposal. May help keep LETP graduates in area where training occurred. May take pressure off adjacent zones. Problems are worse in Midwest.  Discussion was opened.

 Held away in Pasco. Currently we are sending reports to carrier almost daily about the Held away problem. Deadheading for held away prime problem. Currently, BNSF has multitude of reasons, none of  them are valid.  We will continue to bombard them with facts and figures, trying to embarrass them into fixing it.

 Studded tires on vans in Pasco.  Current contracts require studs or chains. Read Fay says it’s our responsibility to tell the driver to put chains on.  No one seems to know what the contract with Ratzenburger says about studs. EMPOWER yourself. The carrier is relying on our desire to just go home or to our on duty place to overpower our sense of safety. We seem to be refusing to empower ourselves. Many engineers seem to think the Union should take care of it, not each person.

UPDATE. The carrier has required the transport company to put studs on all their long haul vehicles. The yard vehicles will continue to be without studded tires.

 Proposal for Wishram to get switching limits at Avery. Carrier wants Wishram to be able to go out to Avery to take trains instead of  backing them into the yard.  Division 58 has agreed that if we give them that, they will give us all work trains west of Wishram, regardless of distance to either terminal. This proposal has gone back to BNSF. We are awaiting word back from them.

 Make whole pay.  If you put in for make whole, and don’t get paid, or get paid wrong, be sure to let us know right away.  Payroll has been spanked recently on their lack of make whole abilities.

 Simulator and CBT.  If you are required to do the Simulator, you may only do it on the date they give you.  Watch to be sure they don’t change your date.  If so, you need to do it on the new date.  If only CBT, you can do it any time before the due date.

 They floor was opened for discussion.

 Motion to close meeting by K. Atwood, Seconded by, T. Jacobs .  Motion passed.

  Here's What Happened at the Meeting on Monday, February 21  2005 

 Meeting opened by the President in due form.  

Members present: Brother's D. St. John, R. Etienne, R. Balkowitsch, S. Barnes, G. Bryson, R. Huelle, E. Taylor, R. McCartney, B. Olmestead, T. Reddish, T. Jacobs,

 Minutes of the January meeting were read. Motion to accept as read by Brother Barnes, seconded by Brother Bryson. Motion approved.  

Finances:  Presentation of current status made by sec/tres. Current membership is 110 plus one trainman. The current balances of accounts were discussed. There is a great deal of problems with the current setup for distribution of dues. We are working with the GCA on this and hope to have all issues resolved by next month. The bills due for payment were presented. Motion to pay the bills by Brother Barnes, seconded by Brother Jacobs. Motion passed.

 Local Chairman:

The following topics were discussed:

·         Umatilla – The Wishram safety committee has been working on issues resolving problems there. They had made arraignments for gas masks to be in bungalows; this was paid for by FEMA.  Now the BNSF has decided that they will not use them now.  More information as it becomes available.

·         Code 2B – We have a definitive explanation of how it works. Handouts were available. Claims are getting paid.

·         Rule G violations – NW Division has become highest division in positive tests. Just Wed., there were 3 failures on the division. We need to be our brother’s keeper and urge those that may have a problem to seek help. New EAP Coordinator Sherry Brown at 206-625-6323. Email address is sherry_brown@corphealth.com. Least we can do is urge those who are impaired to go home immediately. We can’t be facilitators, but can be helpers. Testing is soon to go to 25% or higher if positives don’t go down. This organization is ready to help any and all if possible. Personally I am ready to help one and all. Confidentiality is assured to all, but EAP needs to be involved. Operation Stop is getting started again. Anyone interested is sure to let us know.

·         Reportable Human Incident – Vancouver is off to a bad start with 6 incidents so far this year. With the new people, we need to be sure the job briefings are thorough. Foremen need to work at a pace that will not overload one of the new folk. I realize this is not our concern, but again, be our brother’s keeper. Offer gentle suggestions. Help the foreman if requested.

·         Profit Sharing – A hand out sheet was given explaining how it was figured. The full 6% was realized this year. 2005 looks to be about the same. I urge staying in profit sharing. We will be voting on it soon. 2005 will have a maximum 8% payout. There are no more “give aways”. Any future contracts may have additional percentage increases or pay raises. Remember that this plan is the same one that 12,000 BNSF employees and officers belong to.

·         Primary Recall Agreement Proposal – Requested info from Pierce regarding sharp shooting. Older demoted engineers remain on ground working higher paying jobs while younger demoted are forced to yard jobs. Received no answer from Pierce as of yet. Recommend voting it down because we don’t know about sharp shooting protection. Floor was opened for discussion. Motion from Brother Barnes that since there are two major issues concerning sharp shooting and flowback that have not been answered by the GCA, the division votes to reject this proposal. Seconded by brother Huelle. Motion passed.

·         Held away in Pasco – Deadheading for held away prime problem. Certain carrier officer say’s Fay’s answer is to DH on bus and trains to take longer – thus less Held away. Dealy’s office is having meetings to set a norm – around 12 hours for turnaround.

·         Studded Tires on Vans in Pasco – Carrier has required studded tires on vans for long haul out of Pasco. We actually made and impact. Local vans still don’t have studded tires. We need to employer ourselves if the weather gets bad in the yard.

·         Proposal for Wishram to get switching limits at Avery – Carrier wants Wishram to be able to go out to Avery to take trains instead of backing them into the yard. Div 58 has agreed that if we give them that, they will give us all work trains west of Wishram, regardless of distance to either terminal. This proposal has gone back to BNSF. We are awaiting word back from them. Labor Relations is looking at the proposal.

·         FMLA – Please use the forms on our web site, or if no access ask an officer for them. Carrier’s forms are invasive and not mandatory. Our forms are approved by the Government.

·         Hit teams – The hit teams will be in town this week and possibly next week. Be alert and follow the rules. Moving the freight comes last after safety and rules compliance.

·         Make whole pay – If you put in for make whole, and don’t get paid, or get paid wrong, be sure to let us know right away. Payroll has been spanked recently on their lack of make whole abilities.

·         Simulator and CBT – If you are required to do the Simulator, you may only do it on the date they give you. Watch to be sure they don’t change your date. If so, you need to do it on the new date. If only CBT, you can do it any time before the due date.

 Floor opened for discussion and new business. 

Motion to close by Brother Reddish, seconded by Sister Taylor. Motion passed.

 Here's What Happened at the Meeting on Monday, March 21 2005 

Meeting opened by the LC in due form. President was unavailable due to sickness in family. Pizza was provided by Brother Reddish. 

Members present: Brother's D. St. John, R. Etienne, H. Bailey, W. Knowles, T. Jacobs, L. Weed, R. McCartney, K. Atwood, T. Reddish and special guests P. Bovarnick and P. Bentley. 

Minutes of the February meeting were read. Motion to accept as read by Brother Atwood, seconded by Brother Reddish. Motion approved.  

Finances:  Presentation of current status made by sec/tres. Current membership is 109 plus one trainman. The current balances of accounts were discussed. There are still problems with the system but we are getting there. The GCA is currently 2 months behind on our payments. We still are having problems with the BNSF. All bills are currently paid except salary for the LC and Sec/Treas.  Motion to pay the bills by Brother Knowles, seconded by Brother Weed. Motion passed.

 Safety Rep: Brother Knowles reported. The following topics were discussed:

There was not a lot done at the SACP meeting.  The issue of defibrillators was discussed but due to Liability issues they will not allow them to be made available on the property.  The same liability issue apparently killed the access to gas masks for those in the Umatilla area.  Again, these masks were bought and paid for by FEMA, with no cost or training cost’s involved. We have lost the point protection issue with the WUTC.  There was a new director appointed that seems to not pursue this agenda. We do not know if it will arise in a different venue at this time but will keep you informed. Very little has been happening in the local safety committees. There is an increase in cornering of cars. Be very careful of these incidents.

 Special Guest Paul Bovarnick: Issues of liability seem to be one that the railroads have a hard time understanding. They are not required to have the newest and best of equipment, but they are required to keep them in working order.  He gave a brief presentation on this issue.  FELA: It is imperative that you put in writing any safety violation or possible hazard. There then was a brief discussion of FMLA. The floor was opened for discussion.

 Safety Coordinator Terry Reddish: Something that is going to happen the next couple of days. A safety process questionnaire is going to be available. Please answer these honestly and tell us exactly how you feel the safety process in our area is working. Division is right now in last place for injuries, this was an exceptional increase.  Most of them have been in Klamath Falls, Spokane and Seattle. There are a lot of Rail Equipment Incidents. Be aware there are a lot of new people out there, please keep an eye out for them and help them if you see something that needs to be changed. There appears to be a software problem with the Dash 8’s. Apparently sometimes the independent in the middle of a consist will set up on it’s own without any human intervention. Let us know if this happens to anyone. There is also been a rash of rough riding engines in our area. PLEASE put it in writing if you have a rough riding engine of any type. The floor was opened for discussion.

 Local Chairman:

The following topics were discussed: 

1.        Section 6 Talks:  National coalition with 6 other unions called the RLBC has been formed. Coalition served joint notices on the Carrier on issues common to the entire group while craft specific issues had already been filed by the GCA’s. The RLBC met with the NCCC in January to discuss procedure for using the coalition concept and a second meeting was then scheduled for March 9. RLBC demanded that the NCCC agree to sign a document detailing  bargaining rules of engagement. NCCC flatly refused, maintaining that the RLA already did that. When RLBC refused to discuss the actual Section 6 Notices without finalizing the rules of engagement, Bob Allen, the NCCC spokesman, suggested that perhaps the meeting was over. RLBC, then walked and no further talks are currently scheduled. A 10-day time clock begins under the RLA in which someone either files for mediation or self help options become available. Recently received letter from the NCCC in which they did officially file for mediation with the NMB will be filed. RLBC wrote a letter asking the NMB assign a facilitator to address the procedural issues so that the group could then get to the issues in the actual Section 6 Notices. No response from the NMB to either letter yet. It seems that the NCCC notice will move the process to the mediation stage under the Act. Mediation is one of the steps that generally have to happen before either party can be released to exercise self help. For the unions, self-help is a job action, for the Carrier in the past it has been a lock out. If mediation does begin and it doesn’t move the process forward, the NMB decides when the parties have exhausted all efforts and are released to exercise these rights. In the past, at the point that either party does that, the President typically intercedes implementing a cooling off period, which in the past has included a PEB. If a PEB is appointed, its ultimate findings are later forwarded to Congress and like PEB 219, are enacted as a public law in some fashion. No one knows how long this will take. The carriers view the union’s coalition as an attempt to delay the out sourcing/sub contracting issues in the NCCC notices to the non-operating unions. They have also made it very clear that with Washington positioned, as it is, they are not afraid of a PEB to settle those issues. It would appear that the NCCC is actually anxious for things to go that way. Things appear to have expedited a quick outcome. While the NMB has held other unions in mediation for years in past rounds, its current make up is one in which the Carriers have made it very clear that they expect to be released ASAP if things don’t move forward. The RLBC is an IBT lead coalition. BLET and BMWE are both members of the IBT Rail Conference and are both in the coalition. UTU, TCU, IBEW and IAM have refused to join the coalition so not all of rail labor is in. While out sourcing is the big issue for the non operating union, the NCCC notice seeking single man operations is the big issue on the operating side. Those NCCC notices were filed on both BLET and UTU. While many of us feel that this would have been an opportune time for BLET and the UTU to work together to protect the collective operating employees, UTU has refused to join the coalition. This could have been that single act of good faith between the two unions that most of us have been waiting for, but it does not appear that this will happen. An attempt to jointly explore an on property settlement with BNSF in this round was made. The Carrier agreed to come to the table if both unions would be there. After tow exploratory meetings, UTU’s International instructed the UTU GC’s to withdraw from that effort so those efforts have failed as well. 

2.        Running Beans and working over 8 hours with no meal period: Carrier is relying on NEW General Notice #697. The Carrier is declining payment of penalties if no trainmaster OK’s the no meal period in 8 hours. Mr. Ness has informed this committee that Yardmasters DO NOT HAVE AUTHORITY to allow crews to run beans. Effectively immediately, it is the wish of this committee that under no circumstances does a locomotive engineer run his/her beans without personally talking to a trainmaster, and getting his name. Immediately, personally call a trainmaster and advise him you run the risk of going 8 hours with no meal. Do not let the yard crew do the talking for you. Even if the yard crew talked to the TM, you give him a call too. If no answer, or busy, note the times you tried. Call the YM and have him get the TM for you. DO NOT let YM order you to run beans. DO NOT let YM order you to go 8 hours with no beans. If no TM, ask YM to call him at home. This is what they want-we will give it to them. If no TM, call the Terminal Mgr. 418-6429.

• NWE General Notice # 697 says:

• Penalty lunches: Effective immediately, late lunch periods are not to be taken unless specifically authorized in advance of 4’30” on duty by the Trainmaster or Terminal Manager on duty. Yardmasters and Switch Foreman will be held jointly responsible to see that crews begin their 20-minute meal period after 4’ 30” on duty and prior to 5’ 40” on duty each shift. All time claims authorized by the Trainmaster on duty must contain a statement in the remarks column of the timeslip, indicating the Trainmaster’s name authorizing the claim (i.e. penalty lunch authorized by…Trainmaster or Terminal Manager’s name.) All claims not containing this information will be declined. If lunch was not taken within required time, crews are ABSOLUTELY required to go to lunch prior to 7’40” from on duty time.

  3.        Crews on duty over 13 hours. A spreadsheet will be kept by committee on daily report. Letters will go out to Jackson as needed. If that doesn’t work, letters to Dealy. We won’t give up.

 4.        Threats or intimidation by Carrier. If you feel threatened by carrier for something, be sure to document it. Always have a witness with you when you are to see a carrier officer. Any union person can be a witness. Other craft employees OK too.

 5.        Code 2B. Carrier seems to be paying 2B. Be sure to check your 816’s to be sure you are paid the proper amount. It should be another day plus the SPD. Check your 816’s.

 6.        Wishram Flips. You need to put a FE comment in letting the timekeeper know if you went to Wishram and flipped. They have no way of knowing what you did except the FE. If you claim 192.2 or 202.2 miles, you need to tell them why.

 7.        Employee Assistance Program. New EAP Coordinator Sherry Brown at 206-625-6326. Email address is sherry_brown@corphealth.com. If you see someone in need, urge him or her to seek help with her. This can be family matters, emotional issues, personal issues. Drugs and alcohol just one part of program. Confidentiality guaranteed except for legal notifications to carrier. This Organization is ready to help any and all if possible. Personally I am ready to help any and all. Confidentiality is assured to all, but EAP needs to be involved. Operation Stop is getting started again. Anyone interested, be sure to let us know. A basic requirement for Operation Stop is empathy and confidentiality.

 8.        Profit Sharing. The full 6% was realized this year. 2005 looks to be about the same. I urge staying in profit sharing. We will be voting on it soon. 2005 Will have a maximum of 8% payout. There are no more “give aways”. Any future contracts may have additional percentage increases or pay raises. Remember that this plan is the same one that 12,000 BNSF employees and officers belong to. National needs to have your current address. This division too.

 9.        Primary recall agreement. The agreement passed. New engineer trainees will be held to conditions of agreement. Jobs going no bid (no job sheet on file for job) will now result in youngest demoted being forced assigned. We have no voluntary flowback agreement with UTU on this property. Would suggest not blanking job selection sheet to remain demoted. May result in not being able to work.

 10.     Held away in Pasco. Held away seems to be going down. Deadheading for held away is also going down. Perhaps we may actually get some sort of life.

 11.     Proposal for Wishram to get switching limits at Avery. Carrier wants Wishram to be able to go out to Avery to take trains instead of backing them into the yard. Div 58 has agreed that if we give them that, they will give us all work trains west of Wishram, regardless of distance to either terminal. This proposal has gone back to BNSF. We are awaiting word back from them. Still no word. LR is looking at the proposal.

 12.     FMLA.  Please use the forms on our web site, or if no access, ask us. Carrier’s forms are invasive and not mandatory. Our forms are approved by the Government. You may not be refused for taking FMLA once qualified. You may not be disciplined for taking FMLA once qualified. You will be required to fulfill requirements of what you applied for.

 13.     Make whole pay. If you put in for make whole, and don’t get paid, or get paid wrong, be sure to let us know right away. Payroll has been spanked recently on their lack of make whole abilities.

 14.     Simulator and CBT. If you are required to do the Simulator, you may only do it on the date they give you. Watch to be sure they don’t change your date. If so, you need to do it on the new date. If only CBT, you can do it any time before the due date. Modules may be done at any time.

  Floor opened for discussion and new business.

 Motion to close by Brother Atwood, seconded by Brother Bailey. Motion passed.

 Here's What Happened at the Meeting on Monday, April 18 2005

Meeting opened by the President in due form.  

Members present: Brother's D. St. John, R. Etienne, W. Knowles, S. Barnes, D. Haney, S. Cordes, P. Fahey. 

Minutes of the March meeting were read. Motion to accept as read by Brother D. Haney, seconded by Brother Cordes. Motion approved.  

Finances:  Presentation of current status made by sec/tres. Current membership is 109 plus one trainman. The current balances of accounts were discussed. Motion to pay the bills by Brother Barnes, seconded by Brother Haney. Motion passed.  

Safety Rep: Brother Knowles. We have been working on evacuation plans for the Vancouver area in case of another hazardous incident. There are no updated maps for the area since 1991 so there will be a diagram posted when we are done. The current state board is working on the carrier allowing the city of Tacoma being allowed in to our yards in Tacoma.  The other topic is the Supreme Court has decided to hear the case of whether federal inspectors are liable if they do not find a defect and someone gets hurt.  Will let you know what happens.  

Local Chairman:
The following topics were discussed: 

Carrier Direct Dealing. The carrier has a voice mail out to discuss with employees the Section 6 notice. There is no provision for direct dealing. GCA is filing a complaint. This includes their LR web page pop up in TSS. DO NOT let them provoke you into an argument. Call them a liar and walk away. If you are provoked, you will be the loser. They are trying to divide the workers. They tell us how good this is, but they have no intention of following through. Most of this battle is with the UTU. 

Running Beans and working over 8 hours with no meal periods. Carrier is relying on NWE General Notice #697. Call trainmaster every time you are close to running beans. Don’t rely on foreman. Work trains need to ask for meals too. Call TM if it looks like you are going to go over 8 hours with no meal. Yardmaster has no authority to order you to run beans to go 8 hours with no beans. If no TM, call the Terminal Manager at 418-6429.

 Crews on duty over 13 hours. We need documentation when dispatcher or chief tells you he is too busy to get you a ride or a dogcatch. We need name and time of incident to get tapes pulled. No documentation – no ability to fix. 

Threats or Intimidation by any employee. If you feel threatened by an employee for something, be sure to document it. Always have a witness with you when you are to see a carrier officer. Any union person can be a witness. Other craft employees OK too. With no documentation, other employee is only one with stuff on file.

 Handwriting samples. National legal dept. says nothing we can do. As long as they are only gathering samples, they have the right under RLA. Complaint was why don’t we walk out on strike? This would be illegal work stoppage. Division and officers would be sued. Since National says carrier can do it, no violation of rules. If charges are brought, then rules change. There are things in the works to protect anyone who is charged. If we refuse to give the samples, it will be considered insubordination. Neutral will rule in carrier’s favor. We will be unemployed. Carrier’s zero tolerance will ensure no return.

 Alternative Handling. We own alternative handling. Only a few exemptions – Dishonesty is the main one. If you get in a jackpot- don’t lie- ask for your representative. Carrier is taking position that initial interview will determine honesty. We are arguing this. If you do have a red block violation, please don’t back up if you get a block. This is taken as dishonesty in their minds. Since Alternative handling is a given, a red block violation would only result in a 15 day decert. This is much better than being discharged for gross dishonesty. If you do get in the jackpot, ask for representation BEFORE you give a statement!

 Emergency Applications. All EIE (Employee induced emergencies) or CIE’s (Conductor induced emergencies) are flagged. It’s not a matter of if they see it, but when they see it. Guaranteed they will investigate. Be sure to notify road foreman in you dump the train while moving over 8 MPH. Train induced emergencies can be reported too. Protect yourselves. 

Proposal for Wishram to get switching limits at Avery. Division 58 trainmen voted it down. Our getting work trains is hinged to this. Without either one, it fails. We are awaiting word back from them. Still no word. LR is looking at the proposal. 

Assigned 620 & Garbage cars. Carrier has agreed in principle to move window back to at least 0001. Promises were made regarding PL and Vacation days. They are not following through to ease taking these days when window overlaps days. All have agreed but Ness – he’s on vacation.  

FMLA – Please use the forms on our web site, or if no access, ask us. Carrier’s forms are invasive and not mandatory. Our forms are approved by Government. You may not be refused for taking FML once qualified. You may not be disciplined for taking FML once qualified. You will be required to fulfill requirements of what you applied for.

 Make whole pay. If you put in for make whole, and don’t get paid, or get paid wrong. Be sure to let us know right away. Payroll has been spanked recently on their lack of make whole abilities.

 Simulator and CBT – If you are required to do the Simulator, you may only do it on the date they give you. Watch to be sure they don’t change your date. If so, you need to do it the new date. If only CBT, you can do it any time before the due date. Modules may be done at any time.

 Floor opened for discussion and new business.

 Motion to close by Brother Haney, seconded by Brother Barnes. Motion passed. 

 Here's What Happened at the Meeting on Monday, May 16 2005 

Meeting opened by the President in due form.  

Members present: Brother's D. St. John, R. Etienne, R. Balkowitsch, S. Barnes, D. Haney, S. Cordes, R. McCartney, K. Atwood, H. Bailey, S. Hill, J. Hill, J. Bennett, T. Reddish, D. Green, J. Johnson, K. Fox, B. Mullane, K. Stockman, E. Taylor, D. Beckwith, R. Reams. 

Minutes of the April meeting were read. Motion to accept as read by Brother D. Green, seconded by Brother Haney. Motion approved.  

Finances:  Presentation of current status made by sec/tres. Current membership is 110 plus one trainman. The current balances of accounts were discussed. Motion to pay the bills by Brother Haney, seconded by Brother Reddish. Motion passed.  

Local Chairman:

The following topics were discussed: 

UTU Strike. Purpose of strike was to get us to cross picket line. President Hahs firm on not crossing lines. This was a prelude to NS A-Card vote. Hearing held in Minneapolis – TRO against Primary Recall Agreement.  BLET filed a motion to intervene and participate in the proceeding last Friday. Neither UTU or BNSF contested that motion.  Pierce attended with BLET represented by Counsel Mike Wolly.  UTU tried very hard to convince the Judge that our Primary Recall agreement was the same as the SF side Ebb and Flow Agreement, and, for that reason required their concurrence.  They based that on the fact that the BLET rule for promotion on the former SF was included in that tripartite ebb and flow agreement and UTU's signature is on it.  Neither BLET nor BNSF agreed with UTU's position.  UTU's signature was required on the SF side agreement only because it also addressed voluntary return or entry to ground service which is a UTU represented craft.  We did not address downward movement or entry into UTU represented crafts in our BLET Primary Recall Agreement. Only addressed promotion or entry to the BLET represented craft of engineer. UTU would not concede that point.  Seems to be an attempt to grab BLET's jurisdiction over Engineer rules and agreements. Ultimately, the Judge ruled that the UTU dispute is a minor dispute under the RLA, and, further, that our Primary Recall agreement will remain in effect.  There will be no TRO against the agreement and UTU cannot strike over the application of our agreement.  The judge did not order arbitration. Instead he simply ruled the dispute to be a minor dispute.  Any further action would require a claim to be progressed through the normal minor dispute channels by UTU if they so desire.  If that happens and that claim involves our agreement, we will certainly request full party status in that proceeding. The true record will show that we did not cross their picket lines even when they struck over our agreement and threatened our jurisdiction by doing so.  Instead we followed the legal avenues available to us to maintain the right to negotiate and represent the engineers' agreement.   

T-6 Lease. T-6 has been offered out for lease. Willbridge will probably follow later in the year. Carrier is offering the Organizations a chance to make changes in crew consist to have 2 man crews. These would be 1 Eng. and one Switchman. Crews would operate conventional until getting to work, then both would get on ground and operate RCO. This follows pattern of KC and Yakima. BLET says no problem. If UTU follows same course, they will not budge. They told carrier they would run the trains from conventional position. Get rid of Engineers. To save money they said. No word on what they have said about T-6 yet, but I don’t expect them to change now. 

Crews on duty over 13 hours. New notice out requiring notifying them after 8 hours. Don’t see much improvement yet. Just keep them informed and ask them what their plans are. Document for us if they say they have no plans. 

Trains parked at Avery. Nothing has been signed allowing Wishram crews to park trains at Avery. If you see any, or get one, get engine # or train ID so we can put in time slips for it. You must be the eyes and ears for the committee. Please document!!!! 

Graffiti. Now that Mr. Cordes is exonerated, they will be looking for someone else. We need to talk it up among each other not to write on walls. Some one will be caught and the whole railroad will fall on him/her. The way to fix the issue is to document aggressive behavior by employee. So far, he is the only one who is documenting anything. It’s not ratting, it’s protecting oneself. Please be careful – I would expect cameras. We have already heard about pencil cameras. 

NS A-Card vote BLET is ramping up for an A-card vote on the NS. This seems to be driven by the general chairmen on the NS. They don’t seem to care about the rest of the nation. Be prepared for bad publicity from the UTU. 

Emergency Application. All EIE or CIE’s are flagged. It’s not a matter of it they see it, but when they see it. Guarantied they will investigate. Be sure to notify road foreman in you dump the train while moving over 10 MPH. Train induced emergencies can be reported too. Protect yourselves. 

Attendance Guidelines Carrier is beyond creative in applying the guidelines to the XBD. They are considering this as a regular assignment. They don’t seem to be allowing “bunching” of days off like the guidelines allow. They claim the 7-3 boards require taking those days off, and they won’t allow working extra one month to take off another. The only recourse is to track your layoffs to stay within the 25%. When changing jobs, we need to keep track of ALL days off taken, even yard days off. All those count. It’s getting ugly. They are trying to get us to take the “new improved” agreement, but that one says if you take 2 days off outside your cycle, you MUST take you whole next cycle. This is forcing us to be out of compliance. We will continue to fight these investigations – if you want. It’s always your choice. Floor opened for discussion. 

FMLA Please use the forms on our web site, or if no access, ask us. Carrier’s forms are invasive, and not mandatory. Our forms are approved by Govt. You may not be refused for taking FML once qualified. You may not be disciplined for taking FML once qualified. You will be required to fulfill requirements of what you applied for. 

Rule books for PDA’s Carrier seems to have put the rule books back up for PDA’s Let’s hope they keep them up. I have been updating them just in case. Anyone wanting on the mailing list let me know. 

Make whole pay. If you put in for make whole, and don’t get paid, or get paid wrong, be sure to let us know right away. Payroll has been spanked recently on their lack of make whole abilities. 

Simulator and CBT If you are required to do the Simulator, you may only do it on the date they give you. Watch to be sure that they don’t change your date. If so, you need to do it the new date. If only CBT, you can do it any time before the due date. Modules may be done at any time.

 Do not call list.  Regular yard engineers are not covered under this agreement.  This is a glitch in the agreement that we were not aware of. Don’t know what we can do but will look into it. Those in the pool may want to think twice about getting on the list as they may pull someone around you with paper deadheads to go to Pasco.

 Floor opened for discussion and new business.

 Motion to close by Brother Green, seconded by Brother Haney. Motion passed.