April 2000 Meeting

Here is what was discussed at the meeting on April 19 2000

HOLIDAY PAY

Labor Relations has decided that the position of the Organization regarding holiday pay as it pertains to the time and one-half is the correct one. All extra board engineers will be paid the time and one-half for working a yard job, or other qualifying job on the holiday, regardless of how many qualifying starts you had in the previous 30 days. The additional 100 miles will still be governed by the necessary 11 yard starts in the previous 30 days.

LOCAL RATE CONVERSION

Upon further consideration, it has been determined that the brief change of plan by labor relations was not accurate. The 1996 agreement clearly talks about being called for trips that pay 130 miles, and being paid the higher SPD, and not being allowed a meal period. So, if you are called to work a trip that pays 130 miles, or more, you will be paid the higher SPD, and will not have the right to a meal period, but you can still convert to local rate per the conversion rule.

PENALTY TIMESLIPS

Seems there is another (one of an infinite number) bug in the TK2000 timekeeping system. In the past, penalty timeslips were put in for 100 miles. Engineers were paid the full penalty amount (100 miles paying a higher rate to conform to what 130 miles paid), but lo, the new system won't do this. If you claim 100 miles penalty, that exactly what you will be paid. 
In the future, claim "basic day" in the remarks section. You may continue to put 130 miles in the mileage slot, but make sure you use the term "basic day" in the remarks section.
Anyone who was shorted in the past several months, let me know, with a copy of your earning statement, and it will be corrected.

CLAIMS

There are still too many timeslips coming in without any supporting paperwork. They cannot be processed until the supporting documentation is received. Remember, the 60 day limit starts the date of the declination. At this time, there are a substantial amount of claims waiting for documentation, and the time limit is starting to run out on some. These are your claims, and your money. Why let the carrier have it?

ATTENDANCE GUIDELINES

Letters are going out regarding attendance. If you are required to attend a conference, you may ask for representation, if you want it.
This committee has said from the start that the Availability Policy was not dead, but simply repackaged in a kinder form.

RECERT CLASSES

Engineers who are required to take the recert classes are entitled to make whole compensation. If you miss one trip, or one shift, that is what you are entitled to. You are not entitled to the missed shift, plus the day you take the test. If you miss two shifts, then that is what you are entitled to. Under ordinary circumstances, the shift you miss and get paid for will also be the compensation for the day you take the test. It is like being called in to work early.

FIRST DIVISION AWARD 24856

This award from 1997 rules that an engineer on an inbound train that is required to perform a head end air test on an outbound train is entitled to a penalty for violation of Arbitration Award 458, Article 8. This includes DP equipping trains at Wishram.

EXTRA BOARD ENGINEERS AND THE 12 HOUR REST AGREEMENT.

Letters have gone out to extra board engineers regarding booking 12 hours rest. Remember, the main qualification to allow 12 hours rest is you must have worked at least 10 hours in the previous shift. You must also book this rest at the time of tie up, not after you get home. It is also non-rescindable by either the carrier or the employee once the 12 hours is booked.
The carrier is tracking abusers of this agreement, and it has been mentioned that the agreement will be cancelled if the abuse continues. This committee is given lists of any abusers on a regular basis, and if this agreement is cancelled, there will be a "wall of shame" posted listing the abusers./

May 2000 Meeting

Here is what was discussed at the meeting on May 15, 2000.

ATTENDANCE GUIDELINES

It's here! Letters are going out. Investigations are being set up. Be warned. The carrier is being hard nosed on weekends. Here are some ideas for gathering information in the event you are cited;

• Document the days you laid off. Were the reasons legitimate? Family emergency? Sickness in family? Family events you were needed for? Fatigue? Anniversaries? Birthdays? Kids baseball games? 
• Document the number of hours you worked each week during the month in question.
• Include the time you were away from home at Pasco, or down in the Valley on a hold down.
• The number of days you actually worked that month.

DOCUMENT ABUSES IN LAY OFF POLICY

"Carl" has told us we have a reasonable expectation of quality off time. The carrier doesn't feel the need to provide sufficient manpower for adequate layoffs. Please start documenting each and every occasion you are denied a layoff. The only way we can address the issue of decimated extra boards it to have the proof of layoff declinations, and refusal for off time by the carrier. The only ones who can document these are each one of you.

PAYROLL PROBLEMS CONTINUE

Currently, the carrier is immediately barring  engineers, upon retirement, from having access to their rightful payroll records. i.e. access to their outstanding declinations, earning statements etc. If the carrier still has control of any of their earned money, the employee has the right to access to view how and when the carrier is going to pay said monies.

The Crew Desk is saying that they will not OK crew calling penalties unless it is a direct abuse from their office. Example, runarounds in Pasco clan usually be attributed to either the crew planner, yardmaster, or trainmaster. The crew desk will not approve these.

In fact, the current payroll practice is to let the timeslip sit for 59 days, then a computer generated declination, usually stating no evidence of any violation can be found, is sent to the employee. No one wants to be accountable for payment. This is the big word in the BNSF. ACCOUNTABILITY. If something can be traced back to you, your carrier is pretty much over.

Any employee who submits a special claim for a crew calling violation, should gather as much information as they can to support their claim. When the declination comes (as it will), send the documentation to your griever. Currently, after the payroll department sits on these claims for 60 days, and by the time they get to this committee, a lot of the information is no longer available. Remember, it is your responsibility to provide documentation for claims, not this committee.

DRUG TESTING

Mr. Edward Wytkind, Executive Director of the Transportation Trades Dept. of the AFL/CIO told a committee of the USDOT some changes need to be made, or some changes do not need to be made regarding random drug tests. They are:

• The right to split specimens where "adulterated or substituted" claims are being made. Currently, this is not allowed. There is no way to prove the claim is false.
• Access to the MRO (Medical Review Officer) to determine if a reasonable reason exists for the validity of results.
• Selection of doctors who have a medical history of qualifications as to the "shy bladder syndrome."
• Deny the proposed change that will allow the carrier to pull out of service any employee whose test is a possible positive, and is still awaiting verification.
• This change would negate 10 years of past practice.
• Propose changes that would make the carrier do random tests at the beginning of the shift, rather the end. Currently, this can put a hardship on employees who have already made plans, such as daycare, appointments etc.

PILOT PROGRAM FOR UNINTERRUPTED REST

A pilot program was submitted by the GCA for approval by each local regarding uninterrupted rest for pool freight employees. The carrier is resisting allowing the same for extra boards (where is is really needed). This proposed agreement would prevent the carrier from calling any pool freight employee for work before the expiration of their legal rest at their home terminal only. This does not include Pasco. This would mean anyone in pool freight service could not get called on their rest with the phone going off after 6 to 6 1/2 hours. The crew desk would be prohibited from calling a pool engineer until their legal rest of 8 or 10 hours had expired.

This local approved the pilot program for this location. Notification was sent out requesting that extra boards be included as quickly as possible. The proposed agreement is here.

FILLING WORK TRAIN VACANCIES

A proposal was made, seconded, and passed concerning current work train call rules. Currently, an agreement signed by the General Chairman allows work train vacancies to be called from the closest source of supply. Due to the fact that current guaranteed extra boards have virtually created subdivided seniority districts, and other current side letters concur, Vancouver engineers want all extra work train work, and vacancies for any work west of Wishram to go to the Vancouver Engineer Extra Board. Therefore, a proposal to request General Chairman MW Geiger Jr. to cancel the 1968 agreement, and award this work to Vancouver was passed. This committee will draft a letter to Mr. Geiger requesting this change.