June 2000 Meeting

Here is what was discussed at the meeting on June 19, 2000.

ATTENDANCE GUIDELINES

 Investigations have started. Be warned. The carrier is being hard nosed about weekends. Remember, according to the carrier's own policy issued to each TY&E employee, you are required to maintain full time employment. As far as how the interpretation of full time goes. that is still debatable. This organization takes the definition of full time employment from the Bureau of Labor Statistics, and those requirements on a national average is 38.8 hours per week on average.
In the event you are sent a letter, or notice of investigation, 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. 

Remember, your defense can only be as good as the information you provide.

FILLING WORK TRAIN VACANCIES

The GCA has informed us that in order to cancel the current work train memo of understanding, both committees (58 and 758) need to agree. So far, Div. 58 is unwilling to agree, so the issue seems to be at a standstill.

PROPOSED ENGINEER EXTRA BOARD IN ALBANY

The carrier thought they could institute an engineer extra board in Albany Or. to cover the jobs down there without talking to the General Committee. They based their decision under side letter 20 of the Arbitration Award 458. They were wrong. This Organization was not a party to side letter 20, 20A, or 21 in the 85 agreement. When the GC notified them of the fact, and offered to negotiate, and then started the negotiations with the offer of a guaranteed days off board, the carrier (Byron Gohl) went ballistic, basically stated "It's my way or the highway" and withdrew the extra board. Merle is waiting for the snit to be over, and some serious dialogue to take place about this issue. More to follow.

CHANGE IN THE LAY OFF POLICY/BOOK

It was proposed and voted on to accept, a proposal amend the book/layoff policy on a trial 6 month basis. The issues are these:

• Layoffs would be submitted up to 90 days in advance utilizing the advance lay off screen in TSS.
• All requests would be processed on a first come first served basis.
• All requests would  enacted on within 5 to 7 days, with a goal of 72 hours.
• The quota for daily vacancies for lay offs for engineers would be increased from 8 to 11.
• The book would be cancelled.
• Employees without access to the company computer, or emergencies would be handled by the crew caller.
• Once approved, the employee will not have the approval reversed.
• All single day vacations, PL days, and personal layoffs will be inputted through TSS.

Again, this is a proposal, and has not been accepted by the carrier at this time. (They wish to simply do away with the book). Also, remember, that if it is accepted, it is only going to be on a trial basis for 6 months.

PROBLEMS WITH THE EXTRA BOARD.

We continue to have abuses of the extra board by the carrier. The only way it can be fixed is with documentation by you, the extra board employees. This committee doesn't have the ability to keep a eye on every aspect of the extra board. That is where you, the ones holding the jobs on that board come in. You need to gather and provide the proof of abuses, then send it to this committee. Only with your help can we beat the problems.

PAYROLL PROBLEMS CONTINUE

If you work a round trip to Wishram, and wish to be paid correctly, make sure you put a code 99 in the CA field. This tells the timekeeper to look in the comment section. Then you put your comments down as to how you went to Wishram and back. This way you will be paid the proper miles.

Watch your language on the timeslips, and the comment section to the local chairman. Abusive language won't be tolerated. All these comments are printed out when the timeslip is printed.

Problems are continuing regarding documentation for claims. A delay report and earning statement should automatically be included for each claim submitted. There can be no conferencing done without these items. Claims will be held waiting for documentation, and remember, the claim must be in payroll's hands within 60 days from the date of the declination. Documentation for special claims should be provided by the person claiming the penalty. It is not the responsibility of, nor is the time available for this committee to gather the documentation. There may be times when the employee is not able to get the information they need, but an attempt is requested.

A reminder to put the actual time you are on duty in the TOD field. The carrier is using these figures against us, and we are providing the wrong figures by limiting our input to 12 hours. If you are duty longer than 12 hours, show this in the TOD field of the timeslip.

SENIORITY ROSTER

A new seniority roster is being posted by the carrier. It should be up by July 1. Once they post it, engineers need to check for errors. If any are found, send a letter to this committee protesting the seniority roster. After 60 days, the roster becomes unchangeable. 

July 2000 Meeting

Here is what was discussed at the meeting on July 17, 2000.

PEPA/SIAP DISCIPLINE POLICY

A new discipline policy went into effect on July 1, 2000. The emphasis is now on correction rather than discipline. 

• It reduces the probation period for most discipline cases. 
• Most suspensions will be a record mark. Don't give up your job insurance yet, as you may still be assessed discipline.
• Late  reporting of Muscular-skeletal injuries up to 72 hours is now allowed. This means you have a chance to sleep on a possible injury first to see if aches and inability to perform duties arise. 
• Rule G, decert policies and availability policy issues are not a part of this process.
• 4 strikes and you are out still applies to the attendance guidelines. (At least until a neutral has a chance to make a ruling.)
• Unfortunately, the carrier is mixing injuries with discipline when determining probation. Sounds like another case for a neutral.

SIAP is a new Safety Incident Analysis Process that may allow a situation to be handled without discipline or a mark on the permanent record of an employee.
The conditions are:

• Division Supt. makes the determination if SIAP is to be used.
• A team of management/labor members is formed.
• Investigation is done by all team members to determine cause, root problems, and solutions to six the problem so it doesn't happen again.\
• Remember, this is not a "get out of jail free" situation. This is an option to fix recurring problems.

SENIORITY ROSTERS

Seniority rosters have been posted at the yard office. You may also view them on TSS. Everyone should have been mailed a protest form. Check the roster carefully. If you see any errors, file a protest by August 31, 2000. Any protests after then will be invalid. If there is a problem, you need to get it fixed by the end of August, or it becomes permanent.

DIVISIONAL TRANSFERS

The agreement was signed on Nov. 1 1990. There was a chance to change it in 1998, but it was defeated by pre and post 85 employees alike. Read Fay had said earlier he would not let any one transfer in as long as there were furloughed/cut back employees. He has now changed his mind, and stated the only criteria for denial is the individual's work history.
Mr. Russ Dunn (formerly a BLE local chairman) stated it was not the carriers job to protect seniority for current employees. This was agreed to by Mr. Fay, and Mr. Luck.

LAYOFF/BOOK

Effective July 20, 2000, the book will no longer be utilized for layoffs (this is a trial agreement for 6 months). All entries in the book for a 30 day period forward from 7/20/00 will be entered in the advance layoff and approved by the crew desk. This committee has never been in agreement to the book being used for layoffs in advance of 30 days, so any book requests after 8/20/00 will need to be reentered in the advance layoff screen of TSS. Please keep this committee advised of any abuses of this new agreement.

TIE UP TIMES

Current schedule agreements require yard jobs to be tied up at the scheduled times, unless overtime is accrued. If you get an early quit on a yard job, continue to put the bulletined off duty time down for tie up. Sharp shooting for placement on the extra board will not be allowed.
Road jobs will continue to tie up when the engineer has the proper paperwork from the conductor. There are no agreements requiring  the engineer and conductor to tie up at the same time on other than yard jobs.

DAYS OFF EXTRA BOARD

A proposal is being looked at that will allow days off for engineer extra board employees. Some of the highlights are:

• An 8-3 or 11-4 cycle will be used. (I prefer 8-3, but that is up to the members).
• Employees who don't wish to take their days off my stay marked up. You must notify the crew desk 24 hours before the rest cycle starts.
• You may take all or part of your cycle off.
• Days taken in the off cycle will not count against the attendance guidelines.
• Days taken outside the rest cycle will count against the attendance guidelines.
• Lay offs will be for a minimum of 24 hours. No more 12 hours layoffs.
• Within 24 hours of the rest cycle, engineers may be run around for out of town assignments to allow for the rest cycle, with no penalty.
• The rest cycle starts at 0800 or tie up time.
• This is not a paid days off board. Guarantees will be offset by the number of days taken for rest. This is simply an opportunity for those who wish to have off time to take it
• Single day vacations and PL days may be taken during the rest cycle.
• 10 day cancellation clause.
• Those that do not wish to take the cycle time off may keep working in rotation.
• Remember, weekend days that are taken in the cycle time do not count against the attendance guidelines.

As more information becomes available, it will be posted. There is no hurry to rush this issue.

ATTENDANCE GUIDELINES

Investigations are continuing. A defense takes the effort of the individual, plus the representative. Relying on the representative to do all the leg work gathering the data is not a good idea. Remember, this is to defend the party involved. It would be prudent for those individuals to actively participate in the preparation of a good defense. An appeal is only as good as the evidence entered into the investigation. A lousy defense will only result in a lousy appeal. A thing to remember is an appeal may take up to 5 years to take place. The carrier is going to terminate anyone who has 4 investigations for attendance violations. Who can afford to be out of work for that long?

NEW GENERAL ORDERS

There is a general order out regarding a change in operating systems on the OE. Please refer to this GO before working on the OE. There are no more restricted limits at Salem, Albany or Eugene. A track warrant is needed to do anything at these places. Any questions, ask proper authority!

DEADHEADING BY TRAIN

If the unit you are being required to ride on doesn't allow for fresh air and a comfortable environment (temperature), you are to empower yourself. The carrier has so far failed to provide the documentation they claim states there are no health risks. One can only imagine why they will not provide this proof. If you don't feel safe being required to inhale diesel fumes, empower yourself! Our road foreman says a cab will be provided if the unit does not meet certain requirements to allow for a comfortable temperature and fresh air without opening a window. Remember, all deadhead time is paid at straight time rate, per Arbitration award 458.

ROUND TRIPS TO WISHRAM

Remember to put a code 99 in the CA field to advise the timekeeper to look in the comment section, otherwise you will be paid at the 130 mile rate.