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.
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.