Brothers and Sisters,
I have received numerous phone calls these past few weeks regarding the EBYD Board that mysteriously appeared at West Colton. This board was established by the company with the consent of our current General Chairman Jay Smith. I will attempt to explain in detail why the EBYD board was removed, so here goes;
The Problem.
This board had no agreement that governed how it would be filled, where it fit in the order of call, what assignments it would protect, if it was up for seniority choice, how many positions would be maintained, if it was guaranteed?or even how much it paid.
The board was called a "training" board yet the company was using it like a supplemental extra board when the yard and road extra boards were exhausted.
Senior employees were prevented from bumping or bidding this board which created a board that was outside the seniority based agreements in place on the Western Lines.
The Solution.
We, the local chairmen who had members that were being directly affected by these boards demanded that Jay Smith remove the boards until such a time as an agreement could be negotiated with the company that would resolve the issues listed above.
Mr. Jay Smith refused to remove these boards and instead after much delay, sent us a "letter of understanding" regarding how the boards would be used.
Under the UTU Constitution any local agreements must be first ratified by the local chairman affected before they can be implemented. The "agreement" sent to us by Jay Smith was in short, poorly written and conceived and failed to address all the issues of concern.
There is one truth that needs to be observed when dealing with the company and that is this; No agreement, is better than a bad agreement. We could not ratify an agreement that would negatively impact the majority of the members and benefit a very few. Let me be perfectly clear about this statement, the company stood to gain a board they could use any way they pleased at a savings of 15% per man. The General Chairman was getting new dues money to replace the funds that were squandered by the Executive Committee and would make him look good when he runs for re-election next year. The members who were chosen to be placed on these boards would gain temporary work at a reduced rate for an indeterminate length of time. The rest of the employees lost all right to emergency work due to the intended placement of the EBYD board in the order of call right after the XT10 and XS10 boards.
Why it failed.
The EBYD board was to be administered by the company based on their subjective decisions. They would decide?as to if and when the existing extra boards would be added to if the EBYD boards were being used to cover regular assignments.
As long as the company has an extra board that pays 15% less than the existing extra boards, there would be know reason to ever recall furloughed employees to full pay service. They would also be able to reduce the number of reserve board position for the engineers saving them substantial sums of money each month.
The company can't have it both ways. A conductor is fully qualified when he marks up from his conductors class and should never make less than full conductors pay when performing service. If they want to call a conductor off a "training" board to fill a regular road position, he should be considered fully trained and be marked up to the controlling extra board under the existing Furlough/Recall agreement where he is guaranteed 15 days of service.
It is completely unfair to use employees who do not have enough company seniority to hold a regular position ahead of senior working employees in the order of call.
The result.
The company's motives for establishing these boards was selfish and self serving. The General Chairman's motives were the same, evidenced by the way he went behind the local chairmen's backs when the boards were established.
I know how it is when you are furloughed because I was furloughed every year for the first 7 years I worked on the railroad, and I feel your pain. However, I have heard numerous complaints over the years? from newer employees about the lousy agreements and the difference in pay between old and new members to know that bad agreements and "giving things up" start just like this. It is my job to police the existing agreements and to do every thing in my power to assure that any agreement that we sign has the best interest of all the members in mind and not just a small percentage.
Personally, a board that would be called ahead of me for emergency work would benefit me, as I lose a round trip earnings every time I don't "step up". But that same board would hurt all the members who have gained enough seniority to make some extra money and who were furloughed themselves at one time or another. You have heard the phrase "all you have is your seniority" and that is the absolute truth. In fact, the Supreme Court ruled that seniority is personal property and that is why care must be taken, any time an attempt is made to circumvent a persons seniority.
I hope this has clarified the situation for those of you who have heard nothing but locker room chat, rumor and innuendo.
In order for me to handle "Union Business" and process claims, pay-roll shortages, Guarantee issues, UTU appeal's form 10 claims, I will need you to (FIRST) Go into (CMTS) click on your "Personal Information" screen. (SECOND) Check the box Allow Chairman Access to Pay Screens (THIRD) Enter my USERS ID DAN (OTES602) Randy (OTEO227) (FORTH) Hit (Update). This will allow me to enter into your information to handle your business. If you have any question, please call me.
Brothers and Sisters,
The Carrier has done everything possible to have a TSA mobile unit sent to Colton for our convenience. However, the UP has found someone a bit more arrogant then themselves. I don't like this anymore than you do, however this is FEDERAL mandated law, without currently any agreement provisions to cover such.
(SEE SUPERINTENDENTS BULLETIN # 83, SECTION M BELOW)
Effective May 30, 2009 everyone bidding on the SP760/RT08 and/or June 12, 2009 on the (SP760), RE/RE09, XE/XT10, (CS720) AE10/AT11, must have in their possession a TWIC card to continue to work and/or successfully bid for these assignments shown above, which will be per-advertised 7-Days in advance or Saturday, June 6, 2009. The process of your card can be tracked by you and the Carrier via the TSA Web Site, SEE BELOW.
(https://twicprogram.tsa.dhs.gov/TWICWebApp/StatusCheckPrep.do)
Furthermore, everyone else on the Service Unit is going to be required to obtain TWIC card, which currently is scheduled for Phase 3, July 12, 2009.
You can per-enroll for the TWIC card at: (https://twicprogram.tsa.dhs.gov/TWICWebApp/Privacy.do)
Legislative Representative Posted: Apr 05, 2010
Local 1846 will be taking nominations at the next scheduled union meeting, dated April 12, 2010, for the position of Legislative Representative.
If you have any further questions regarding this matter, contact Secretary/Treasurer.
"Fake" Form B Posted: Mar 01, 2010
I am sure that you have all heard about, if not experienced, the "Fake" Form B test that the company has been conducting. The form B is in your Track Bulletins and has a fictitious Foreman and gang number. When you call the foreman in charge you are really calling an MOP posing as the foreman. He may give you the wrong milepost locations or the wrong bulletin number or the wrong engine number or no speed etc. so be alert! Remember, you cannot enter a form B without being given a speed...period!
NOW FOR NEW TWIST THEY ARE USING TO TRICK YOU!
THEY HAVE BEEN PLACING AN UNANNOUNCED YELLOW RED BOARD IN ADVANCE OF THE ONE IN YOUR ORDERS AND A RED FLAG 2 MILES FROM THAT UNANNOUNCED FLAG.
NOW PAY ATTENTION!!!!!!!!!!!!!!!!!!!!!!
THEY ARE CALLING YOU ON THE RADIO JUST BEFORE YOU REACH THEIR UNANNOUNCED YELLOW RED BOARD AND WILL CLEAR YOU THROUGH THE LIMITS OF THE FICTITIOUS FORM B IN YOUR WARRANTS ! THIS IS TO DISTRACT YOUR ATTENTION FROM THE UNANNOUNCED YELLOW RED BOARD AND KEEP YOU OCCUPIED WRITING AUTHORITY WHILE YOU APPROACH THE RED FLAG!
We have a crew out of service right now for this test and I can tell you first hand that they almost got me on the very same test two weeks ago. I am going to discuss this test with the superintendent as I feel it is a test designed not for testing your proficiency on the rules but rather a test designed to entrap crews with deceitful tactics.
If a foreman calls you on the radio to give you clearance BEWARE! Check your milepost location and be sure you know exactly where you are in relation to the form B in you warrants. Stop the train if necessary and have a job briefing.
Cell Phones Posted: Oct 09, 2009
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Cell Phones
It has come to our attention that individuals on both sides of the cab are still using cell phones while train is in motion, ignoring company rules and federal regulations, which is punishable by dismissal and fine. All crew members, even if they're in compliance with the rule, will be punished.
So, during job briefing please remind your crew members and ask that phones be turned off, noting this in your log book. If members disobey company and FRA rules regarding cell phones, please consider this?Can you support your crew members' families because of stupidity?
RT09 & RT08 POOLS Posted: Apr 18, 2010
Brothers and Sisters,
As you may or may not know, our General Committee of Adjustment has been less than supportive in our claims process and has failed to properly or effectively argue even the most basic claims we have submitted. However, if things turn out as I hope they will, we will have a new Vice General Chairman for the Trainmen and he is more than competent to argue our claims both in conferencing and arbitration. With that in mind I feel it is time to test the waters with claims that were until now believed to be without merit.
It is my personal belief based on my interpretation of the Los Angeles Hub Agreement that the second moves and second trains under certain circumstances will generate claims for a new day at the basin rate of pay. I will explain this to you so that you will understand what criteria has to be met to generate these claims. Understand one thing right up front?.in all likelihood, the company is going to deny these claims because they are under the delusion that the Basin Flat Rate allows for a crew to be used any way they choose for 12 hours. This line of thinking with regards to pool crews is erroneous and is not supported by any agreement we have with the company.
The Hub Agreement specifies that there will be three separate Away From Home Terminals (AFHT) for basin crews;
The pool shall have three away from home terminals of; the combined SP/UP LATC/LA East Yard terminal/LA/Long Beach Harbor area, Anaheim, and Gemco.
So this means if you have a train destined for the harbor area, then that will be your AFHT for that trip. If you have a train destined for the Shops or ELA Yard, then that will be your AFHT for that trip. Similarly, the same applies to Gemco. Once you have reached your AFHT and terminated your train and power if required to do so, you are finished for the day under Article 14 Crew Consist ? Beginning and Ending of a day. Any move you are given after you have terminated your train will begin a new day. If the move is to go get a train and take it to another terminal, it begins a new day for handling a second train. If you switch out some yard tracks in a road yard (i.e. Meade, Dolores etc.) it generates a new day. If you switch tracks or haul cars within a yard terminal (i.e. Shops, East L.A. Aurant Yard etc.) You are entitled to a Yard Day at the Yard rate of pay.
Service to City of Industry is to be turnaround service;
Service to City of Industry shall be run as turn around service with the crew working or being deadheaded in combination service back to West Colton at the end of the tour of duty.
If you are worked to City Of Industry and then work to the Shops, that would generate a 130 mile claim for exceeding the limits of the assignment. I will provide examples of all four claims in a template form so you will know what information I need to process the claim.
SPOT THE AUTO FACILITY Posted: Mar 02, 2010
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After an investigation yesterday for a collision at Mira Loma, the company announced that every time a crew enters the facility a camera will be trained on them to record their work in case of a derailment etc.
They have six camera there so be careful and remember you are being watched.
BROTHERS AND SISTERS,
IF YOU ARE WORKING IN POOL FREIGHT AND YOU ARE TOLD TO PULL OR SPOT THE AUTO FACILITY AT MIRA LOMA I WANT YOU TO CLAIM A 100 MILES AT THE ROAD SWITCHER RATE OF PAY. THAT MEANS IF YOU GO OVER THE BRIDGE AND INTO THE SUPPORT TRACKS LIKE WE'VE BEEN DOING SINCE THEY PULLED OFF THE 47 AND 49 JOB. THEY WILL PROBABLY BE DENIED BUT I BELIEVE THEY ARE GOOD CLAIMS AND WE SHOULD LET AN ARBITRATOR DECIDE DOWN THE ROAD. BELOW IS AN EXAMPLE OF HOW TO CLAIM IT AND REMEMBER, IF THEY DENY IT YOU NEED TO PUT A COPY IN THE BOX SO I'LL KNOW AND CAN APPEAL IT TO OMAHA.
CLAIMING 100 MILES AT ROAD SWITCHER RATE PER LA BASIN AGREEMENT Sec. 6 (c) (d) AND Sec. 7. SPOTTED TRACKS INSIDE AUTO FACILITY WHEN SIDINGS WERE CLEAR. THIS WORK WAS PROTECTED BY THE LOB47 AND LOB49 ROAD SWITCHERS AND SWITCHING THIS INDUSTRY IS SUPPLANTING THEIR JOB. SP0TTED CARS ZZZX 12345 THRU ZZZX 12345 TK. X, SP0TTED CARS ZZZX 12345 THRU ZZZX 12345 TK. Y, ZZZX 12345 THRU ZZZX 12345 TK. Z, POWER TO TK. XX ETC. ETC.
POOL COUNTS Posted: Apr 26, 2010
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THE POOLS WILL BE ADJUSTED AT NOON.
POOL COUNTS FOR 04/26/10
RT08 NO CHANGE.
RT09 CUT 2 TRUNS .
RT10 ADD 4 TRUNS .
RT11 CUT 2 TRUNS .
RT13 NO CHANGE .
RT15 NO CHANGE .
MEETING LOCATION FOR 2009! Posted: Sep 14, 2009 ATTENTION MEMBERS!
Local 1846's monthly meetings are held at The Big Apple in Fontana 18080 Arrow Blvd, Fontana
Pass the word and remember....
| 2010 MEETING DATES Posted: Jan 29, 2010
Attention Members,
The following is the meeting dates for 2010. We will meet
every SECOND Monday of each month at The Big Apple in Fontana .
January 11th
February 8th
March 8th
April 12th
May 10th
June 14th
July 12th
August 9th
September 13th
October 11th
November 8th
December 13th
|
Representative