Extra Board Regulation and Dropping Turns Settlement

NOTICE OF SETTLEMENT OF OUTSTANDING EXTRA BOARD REGULATION

AND DROPPING TURNS CLAIMS

To: All employees of Union Pacific Railroad Company represented by the BLET Central Region General Committee of Adjustment (former Missouri Pacific Upper Lines):

For nearly 30 years, the GCA has been working hard to resolve time claims or grievances that Union Pacific locomotive engineers on the former MP Upper Lines have filed against UP’s wrongful application of the collective bargaining agreement provisions regarding regulation of the extra board and dropping turns.  This is to notify you that a settlement finally has been reached.  The settlement has two parts:

(1) extra board regulation and the “dropping of turns” on the territories governed by the GCA was modified effective the first regular pay half after May 3, 2019, and

(2) UP will pay $11,000,000 (“the Settlement Amount”) to resolve all outstanding time claims or grievances that have been denied by the Carrier at any level, including Timekeeping, involving the regulation of a guaranteed extra board and the dropping of turns, including time claims or grievances that were properly filed but not denied within the allowable contractual time period.   

The GCA’s records reflect that approximately 150,000 claims were filed by about 950 claimants since 1990.  The $11 million will be distributed amongst all claimants on a pro rata, per claim basis.  Each claimant will be entitled to a share of the Settlement Amount determined by multiplying the total money available ($11 million) by a fraction the numerator of which is the number of claims submitted by the claimant and the denominator of which is the total number of claims filed.  For example, if a claimant submitted 100 claims and the total number of claims filed by all claimants was 150,000, the claimant would receive $7,333.33 [$11,000,000 ÷ 100/150,000].

The GCA has reviewed its records and sent preliminary determinations to all claimants for whom it has records of the amounts they are eligible to receive under the Settlement.  If you received a letter and believe that you are entitled to a greater share of the Settlement Amount because you submitted more claims than the GCA’s records indicate, you must provide the GCA with evidence in support of your position in writing within 30 days of the date of the letter you received.  If you filed claims over extra board regulation and/or dropping turns and did not receive a letter from the GCA, that is likely because the GCA does not have your current address; you should immediately write to the GCA and provide us with your current address.  The GCA will evaluate all evidence submitted and, if it determines that the evidence supports your position, it will adjust the preliminary calculation it has made.  The final determination of each claimant’s share will be made after all claimants have been identified and the number of claims they filed has been verified.

 

The Settlement Amount will be distributed in two phases.  The initial distribution of $5.5 million will be made by the Carrier on or before December 6, 2019. Challenges raised by individuals regarding their eligibility for, or amounts of, distributions under this settlement that were not raised in response to the initial notification from the GCA must be submitted in writing to the GCA, with supporting evidence, and received no later than January 3, 2020.

 

The remaining $5.5 million balance is being held back to provide the parties time to resolve any additional claims or challenges that may arise from the initial distribution.  This could affect the total each claimant ultimately receives.  The balance will be distributed by the Carrier on or before March 15, 2020.

 

All payments to current employees will be subject to all applicable deductions, garnishments, federal, state and local income taxes, and employee railroad retirement taxes.  The claim settlement distribution will not be counted as earnings toward the 2020 1/52 vacation rate or count toward vacation qualification for 2020 or 2021.  For distributions to former employees or their estates, the Carrier will withhold employees’ share of federal and state income taxes using the applicable rate for supplemental wages.

 

If you are retired or no longer work for the railroad, you must submit a W-4 form in order to receive your share of the settlement; the form can be obtained at https://www.irs.gov/pub/irs-pdf/fw4.pdf. It must be filled out and returned to the GCA by U.S. mail within 30 days of the date of your letter.

 

Enclosed in your letter is a claimant verification form.  This form must be filled out and returned to the GCA by U.S. mail within 30 days of the date of your letter.

 

 

Central Region GCA Settlement

PO BOX 36

Hazelwood, Mo 63042

 

 

Because there are so many claimants, any questions you have about the settlement must be submitted to the GCA in writing by U.S. mail.  It will endeavor to respond as promptly as possible.

 

Extra Board Regulation and Dropped Turn Settlement

Brothers and Sisters,

 

The GCA has signed an agreement and claims settlement.

 

Extra Board Regulation

Under the new agreement extra board regulation will be regulated on a 20 day look back and the mileage regulation will be 3200 miles.  60 percent of Z miles will be added to the mileage to regulate the board.  Z miles are miles the extra board would have worked if not exhausted.  Examples of this would be hours of service relief with a pool turn, pool turn working a local, etc. 

Dropping Turns

The carrier now has the right to drop turns.   This will end the calls through out the night trying to get a member to step up.  If a turn is dropped immediately in front of you, you will be entitled to a half days pay.  As of right now a non service timeslip will need to be put in for this claim.  Hopefully in the near future there will be a F12 claim to take care of this.

A pool engineer will have a minimun lay off of 12 hours except if the layoff is personal leave or vacation.

Claims Settlement

The carrier agreed to settle on all claims involving regulation of extra board and dropped turns.  The settlement amount is 11 million dollars.  Any claim filed before May 3rd that is for extra board regulation or dropped turns will be counted in the settlement.  Claims filed after may 3rd will not.  All electronic claims in the system and paper claims in the office will be counted. Until we know how many claims we have there is no way to tell how much each claim is worth and until we know what they are worth there is no way to tell how much a member will receive.  This will be a process.  Read the settlement, there are phases and dates when money will be distributed.

If you have any questions contact your Local Chairman

https://bletkchub.org/files/Extra%20Board%20Regulation%20and%20Dropped%2...

Locomotive Daily Inspection Checklist

Brothers and Sisters,

The implementation of PSR on Union Pacific has caused a reduction in the mechanical forces that have historically done the required daily inspections on our locomotives.  The daily inspections are more frequently being done by our Locomotive Engineers that have not been trained to do the inspections. 

Our General Committee has created a checklist for our Locomotive Engineers to use when they have been instructed to do the daily inspections.  This checklist was created using the Air Brake and Train Handling Rules currently in effect, always verify there have been no changes to these rules.   

We are currently in the process of distributing the checklist to your BLET Local Chairman.

You will still file a basic day penalty claim for doing the locomotive inspection where there are mechanical forces on duty. 

Ronnie Rhodes

James R Hoffa Memorial Scholarship Fund

Brothers and Sisters,

 

If you have college age children you can go to www.jrhmsf.org to find the online application.  

 

Ronnie Rhodes

Information on Proposed Agreement Ratification

Brothers and Sisters of the BLET Central Region,

I attended a meeting in Cleveland where the current tentative agreement was reviewed by all the BLET General Chairmen.  I supported the National President's decision to put this agreement before the membership for a ratification vote.  I want you to be informed when your ballots arrive so I will lay out the facts in an attempt to help you make an informed decision.

If we vote against the proposed agreement, please understand that all previous offers, including, but not limited to, the tentative agreement are off the negotiating table. We will be assigned a Presidential Emergency Board by the President of the United States.  The parties will start with their original positions.

I have a link to PEB 219 so you can see how the Carrier's told the board that their employees are overpaid and how they needed changes in work rules to compete with the trucking industry.  Please take the time to read this PEB, you can read for yourself how the Carrier’s tried to justify freezing our wages and gaining work rule concessions in PEB 219.

http://bletupcr.org/PEB219.pdf

You will also find where "cost sharing" became part of your healthcare package among other changes.

Changes could also be made that standardize some our local agreements that bring all Engineers under the same National Agreement. 

Currently, our General Committee has one of the best vacation allocation agreements in the rail industry. 

We are one of two General Committees that do not have to qualify for Personal Leave Days. (Just be marked up and in OK status)

We are the only General Committee that can bank 200 Personal Leave Days for retirement or emergencies. 

Our General Committee has also obtained lodging for engineers forced over 100 miles from their home terminal. 

Our General Committee has in place arbitration awards backed by a court decision that prohibit the Union Pacific from using Article IX to modify the runs that were agreed to in the Hub negotiations.

We have fought hard for these agreements, awards and court decisions.  

Lots of misinformation out in the field right now.  

Below is the definition of a PEB.  I made the last paragraph bold for a reason.  I do not want the Congress to write our agreement; they know nothing about railroading.  

  

1. What is a PEB?

Presidential Emergency Board

If either labor or management decline voluntary arbitration, or if in the opinion of the NMB the continuance of the controversy threatens substantially to interrupt interstate commerce in any section of the nation, the NMB is required to notify the President of the United States, who may, at his discretion, create a fact-finding Presidential Emergency Board.

The parties must maintain the status quo (no strikes or lockouts) for 30 days. If the president chooses not to appoint an emergency board, strikes or lockouts may occur after the 30-day cooling-off period.

Emergency boards are comprised of neutral members whose job is to make an investigation and submit to the president, within 30 days of its creation, a fact-finding report with non-binding recommendations for procedures or terms on which a dispute might be settled. During this period, the parties must maintain the status quo (a second 30-day cooling-off period).

Upon submission of the PEB report, the parties are required to maintain the status quo for an additional, or third 30-day cooling-off period (they may mutually agree to extend the period of status quo). The non-binding recommendations of the PEB are expected to carry the weight of public opinion and induce a voluntary agreement among the parties.

At this point, the RLA has run its course. If no agreement has been reached, either side becomes free to act in its own economic interests -- a work stoppage (or strike) by labor, a lockout by management, or unilateral implementation of management proposals (that generally would force a work stoppage).

However, Congress frequently imposes its own settlement. Such congressional action is not part of the RLA. The constitutional authority for Congress to impose its own settlements is found in Article 1, Section 8 of the Constitution's commerce clause.

 

Below is a quote from Referee Robert Harris.  

Arbitrator Robert O. Harris told the United Transportation Union (UTU) and railroads in 1991, then unable to agree at the bargaining table, “Welcome to the oldest established craps game in Washington. Like the suckers in ‘Guys and Dolls,’ you are risking your futures on the roll of the dice [when you fail to make a voluntary agreement].” This was from a copy of Railway Age. 

 

I hope you find this informative and useful.

 

Ronnie Rhodes

 

 

BLET General Chairman

Teamster Election Information

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Teamster Election Translations

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Teamster Election

OFFICE OF THE ELECTION SUPERVISOR

for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS

1050 17th Street, NW, Suite 375

Washington, DC 20036 202-429–8683

844-428-8683 Toli Free 202-774-5526 FacSimile

ElectionSupervisor(a)ibtvote.org

www.ibtvote.org

RiGHARD W. MARK Election Supervisor

GENERAL PRESIDENT CANDIDATES FORUM

LIVE ON THE INTERNET

WHEN: August 25, 2016, 6:30 pm (EDT)

WHERE: National Press Club

WHO:

529 14th Street, NW, 13th Floor Washington, D.C. 20045

A limited number of tickets are available to attend the Candidates Forum, in person. Contact the candidates for information on tickets.

Fred Zuckerman, candidate for IBT General President on the Teamsters United Slate

Ken Hall, candidate for IBT General Secretary-Treasurer on the Hoffa-Hall 2016 Slate

(Jim Hoffa, candidate for IBT General President on the Hoffa-Hall 2016 Slate has designated Mr. Hall to appear as his representative at the Candidates Forum. 2016 Election Rules, Article VII, Section 6(d))

WATCH: Watch LIVE at https://facebook.com/teamsters or https://teamster.org. The

internet audience will be able to submit questions that may be posed to the candidates during the Forum.

Watch the Forum later, or read the transcript, at www.ibtvote.org.

CHECK WWW.IBTVOTE.ORG FOR UPDATES ABOUT THE GENERAL PRESIDENT CANDIDATES FORUM

This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters. It must

remain posted on this bulletin board through August 31, 2016 and must not be defaced or covered up.

Rule 2.21

Rule 2.21 Electronic Devices Changes

I received this email from the Portland Service Unit. 

Good Afternoon Team,

Today we received the new SSI that will go into effect on May 2, 2016. In looking at the changes I found one that will impact us and our past practices.  Please review Rule 2.21 Electronic devises.  The major parts that you need to know about the change are as follows.  

Personal Electronic devices must be powered off with any ear piece removed from the ear, and properly stowed whileON DUTY.

After conducting a safety briefing with all crew members and agree the limited use of the device is safe to do so.  Cell phone can only be use for voice communication (no texting, social media, etc )

An operating employee may use an electronic device when:

1.        Deadheading in a non controlling unit or automobile.

2.        In a crew room to update rules or other documents specified in SSI Item 7-A or other required company provided electronic media only.

We used to be able to use a cell phone while on duty in a crew room.  The way the rules department has outlined rule 2.21 this will no longer be allowed.  When coming on duty your device must be stowed away and turned off.   We are communicating this change in an effort to spread the word as quickly as possible.  Should there be any updates or changes to this rule again in the coming weeks I will be sure to get them to you as well.  The service unit will be conducting a communication stand down in the coming weeks to help bring attention to this change as well.

 

I have talked to the head of rules in Omaha and this is the position that is being taken.  While in the crew room your are not allowed to text, play games, be on social media, surf the web, etc.  The second bullet on the email is the only time the cellphone can be utilized to the internet.  This can only happen after there is a job briefing with all crew members.  This rule is considered a critical rule and a violation will result in MAPS. 

Vacation Settlement Award

Brothers and Sisters,

 

Please check your web page for an important new award.

 

Ronnie

MAPS

Brothers and Sisters,

Our Committee has sent letters to the UP about MAPS and they have responded, you can view these letters on you respective Hub pages.

Ronnie

Restricted Medications

Brothers and Sisters,

There is a new list of restricted medications. You can find this list on your Hub Web Page. 

Thanks

Ronnie

New Discipline Policy

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State Legislative Chairmen

All of our State Board Chairman now have access to a page.  The exception to the group is the Illnois State Chairman has their own website.  Just click on Illionis and it take you to their page.

Local Chairmen Email

Brothers and Sisters,

Your Local Chairman's email address is now found on the contact tab of the GCA website.  Don't forget to send them your email address so you won't get locked out of the websites for your Hubs.  We will be locking down soon as our Webmaster is going on vacation for 4 weeks so if you don't make the cut you will be locked out until he returns from vacation.

GCA website page in case you forgot.      bletupcr.org

Website Access

Brothers and Sisters,

Please make sure your Local Chairman has your correct email address, you will lose access to the web page if we don't have your email.   You will be required to Login to the page witha user id and password.

Thanks in advance,

Ronnie

 

 

Warning

If you are called and subsequently released the computer will ask you if you have been called and released. Do not falsely answer this question, new programming is going to catch those employees who have been called and released, then check no to the answer if they were called and released.  Lying about the call and release, tying up and going home at the bottom of the board is going to get serious.  Do not be the person caught in this situation, if less than 4 hours, you should go first out.  If over 4 hours then you go to the bottom of the board.  This is an advance warning, please spread the word.

Ronnie Rhodes

 

Division Pages

Brothers and Sisters, 

Your Local Chariman are being taught how to put information on your Division pages.  This will be a little slower than the Board Stands, CMTS, etc. that are on the pages now.  There will be no sensitive information put on the pages until we increase security with a personal log in for each of you.  You must be a BLET Member to get the log in information.  We are a few weeks away but for now you can use the board standings, CMTS, etc.

Thanks for your patience,

 

Ronnie

 

 

Board Standings for Division 613

Brothes and Sisters,

The board standings for Division 613 can be found on the St. Louis Hub page.  Russ will also have a page for announcemnents.

Ronnie

 

 

New Standing Bid, Lodging and Starts Agreement

17 Lodging-Starts-Standing Bid-Signed-06-19-2015.pdf

 

The link above will take you to our new Standing Bid, Lodging and Starts Agreement.

 

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