News/Info |
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Letters and info from Brother Don Moates, General Chairman. Questions should be directed to Steve Goodman. |
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071509 Brothers: This issue has been addressed on several occasions. Brother Thomas is absolutely correct in that the FRA will write a citation for the fussee not being in the proper receptacle. Keeping in mind if the desk top is abnormally loose, report it to the Mechanical Desk and copy the Cab Committee. There is a certain amount of play built in to the desk tops to absorb vibration to lessen damage to the screens. After addressing this issue many times within the CCB Committee in the past, GE applied improved adjustment bars behind the desk top control stand that allows for an easier adjustment at the shop. There have been many service centers and ready tracks written up where crews have left locomotive consists and went home leaving a fusee wedged between the control stand and the wall. In these cases the FRA has cited the service center even though they didn't place it in that position.
Thank you for the update and please get the word out to our members. Fraternally, Larry James BLET System Labor Liaison
Brothers and Sisters,
Please find attached our BLET CSXT General Chairmen’s joint letter dated June 30, 2009 to Mr. David Ingoldsby, AVP CSXT Labor Relations, regarding numerous meetings we have held and several proposals we have discussed with CSXT in an attempt to establish programmed time off as required by the RSIA of 2008 which will become effective on July 16, 2009. I trust this information is self-explanatory and at this time no tentative agreements or understandings with CSXT have been reached by the BLET CSXT General Chairmen.
We have one more meeting scheduled with CSXT to discuss and handle this subject matter on July 14, 2009. At this time CSXT has taken the position that they will apply the Hours of Service Law and the interpretations issued by the FRA as required by the RSIA and not negotiate any agreement with the BLET.
As you know, it has consistently been our position that CSXT cannot use the RSIA Hours of service law application to reduce the guarantees provided by our BLET agreement rules. The UTU has signed an agreement which allows CSXT to reduce their guarantee which has placed us less than desired position in the handling of any potential issues associated with the RSIA. Therefore at this time we do not have an agreement on this subject matter and if we make any progress or reach any type of understanding or tentative agreement, we will promptly advise you any results obtained.
It is our hope that you, our members and families will have a joyous and happy July 4, 2009 weekend. With best wishes and kind personal regards, I am
Fraternally yours, Don Moats
Brothers and Sisters, Please find attached Award (JS case No. 3570) upholding the unions position that every employee who was forced to use paid leave for FMLA purposes should get a day’s pay for each day of leave forced. It is a lengthy (58 pages) opinion, and hopefully an analysis can prepared later, however we wanted to sent the favorable Award to each Division ASAP. Because of the length of this document, a copy will not be mailed in our next mailing, unless requested by you. The attached completes the unions slam dunk of the Big Four carriers in the FMLA case. We congratulate those who participated in the handling of this issue everyone who support our unions ins this struggle. Struggles. In reviewing this case, you will learn it has been a long struggle and the wheels of justice have moved slowly because of all the roadblocks erected by the carriers along the way, however they did move and end results prove that the BLET’s involvement and handling did persevere. All claims of record in this office will be scheduled for handling in conference with CSXT and you will be notified of the results. With best wishes and kind personal regards, I am Fraternally yours, Don Moates, General Chairman
012609 Article 81 “Note: Engineers who account of seniority were unable to remain on the assignment they worked during the previous week and were awarded their next assignment of choice will be notified of this change in assignment by CMC if they are not scheduled to work on Thursday or Friday. This notification will be accomplished by placing one phone call to the Engineer’s primary and secondary phone numbers listed in the proper screens at CMC. A message will be left on both numbers if possible. Engineers may also check and accept notification by calling CMC or through the IVR. This provision will terminate one (1) year after implementation of the EBS.” (Emphasis applied) This email is written to remind you of the above quoted agreement rule. The outbound EBS notification (telephone call from CMC) of assignment awards or job changes will terminate after the March 7, 2009 JAD as notified by Mr. Rick Hiel to the BLET General Chairmen below. Subsequent to the date of March 6, 2009, Engineers will be responsible to access this information through the computer at work and/or their home computer. This information will also be available through the IVR and by calling CMC after 1800 hours on Thursday of each week
121308 FMLA FINAL RULE
Please find attached above the arbitrators’ decision in the FMLA matter. It was determined that CSXT and the other carriers policies requiring employees to substitute paid vacation and/or paid personal leave for unpaid FMLA leave do violate the requirement of the National Vacation and/or National Personal Leave Agreement as stated in this Arbitration Award. The Award will before effective on December 16th which provides that “the carriers will immediately discontinue the invalidated provisions of (their) policies”.
This represents a huge win for organized labor and proves that the wheels of justice move slowly at times, however they do move. I encourage you to at minimum review the summary of the key holdings below as summarized by Mike Wolly which also discusses how the issue over the remedy will be handled. A printed copy of this lengthy award will not be included in this mailing and will be provided only upon request by the BLET Local Chairman desiring a copy.
Fraternally yours,
Don Moates, General Chairman
A Special Board of Adjustment has issued an award finding that the Carriers cannot require employees covered by the national vacation and/or national personal leave agreements to substitute paid vacation and/or personal leave for unpaid FMLA leave. Therefore, effective December 16, 2008, CSXT will no longer require employees covered by these agreements to substitute paid vacation or personal leave for unpaid FMLA leave. However, employees may elect to substitute paid vacation or personal leave for unpaid FMLA CSXT will be modifying its written FMLA policies and forms to make them consistent with the Award. We expect that these changes will be complete in mid-January 2009 but, as noted above, we will discontinue making the required substitutions by December 16, 2008.
Sincerely,
Myron Becker
10042008 speedometers Brothers and Sisters, This office has received several inquiries regarding Speedometers and their accuracy when reported by ERAD.
As you may or may not know, recently there has been a marked increase in over speed violations. In some of these incidents the engineer did not check the speed recorder for accuracy. CSXT has been replacing wheels on some locomotives with new wheels that are a slightly different measurement than some of the ones previously used. When these wheels are installed the speed recorder is to be re-calibrated by Mechanical. This is required and does happen, but now and then one could get away from the shop without it being done. This can cause an inaccuracy in the speed recorder readout that needs to be reported. You can not rely on the fact that the previous engineer did not note any discrepancies with the speed recorder as a basis not to check it every trip.
The readout that ERAD picks up is the actual speed recorder readout. So if it is inaccurate it will show as such on the Event Recorder and the ERAD Wayside download. (ERAD is basically downloading the event recorder from a wayside locations as the train is passing ERAD=Event Recorder Automatic Download)
CSXT locomotives now have an additional speed check tool installed that most do not know about. This tool is called a "Speed Calibration Tool". This GPS software is linked to a satellite and is extremely accurate. If there is a discrepancy in the rate of speed and the Speed Calibration Tool is lower than ERAD or the download, generally CSXT will accept the Speed Calibration Tool Readout even when it is lower in the engineers favor because of its accuracy This is a GPS web based application and the software has not been developed as of yet for use on the locomotive itself to replace the current speed recorder readout. This is likely 3-5 years away as PTC and other ERAD advances occur. If you have an engineer charged, you need to ask what the Speed Calibration Tool readout was during the times of the alleged Overspeed incident if you feel he/she did not commit the violation.
For the speed recorder to be FRA defective it must be plus or minus 3 MPH under 30 and plus or minus 5 MPH above 30 MPH. These must always be called into the Mechanical Desk, Dispatcher and noted on the Engineer Work Report.
It is very worth keeping in mind that this new system will detect multiple events of Overspeed in a single trip. This can mean for example, if a locomotive engineer is say over 5 MPH the maximum authorized speed multiple separate times by virtue of time and spaced mileage intervals on his/her trip, they could be counted as separate decertification events. Thus if an Overspeed violation occurred 3 or 4 times an Engineer could use up all of their FRA options in one trip and possibly be dismissed by FRA rule.
It is requested that you inform our members of this information during your next monthly meeting. It is very important that engineers check their speed recorder as their designated measured mile and other times as warranted for accuracy and report any defect to the Mechanical Desk, Dispatcher and note the defect on the Engineers’ work report. As always, if you have any questions, please do not hesitate to call or write.
Fraternally yours, Don Moates, General Chairman
082808 Brothers and Sisters,
This office previously received questions as to why an engineer is left in place on the pool/extra board until their turn is called after requesting that their turn be dropped in accordance with Article 45 B. The turn is left in place until it moves to first out or if the turn is first out when the drop is requested it is left first out until called. When it is time for the turn to be called, the second out turn takes the call. This is so CMC can associate the train worked by the second out turn with the turn that dropped. You will note that Article 45 B provides the guarantee is only adjusted when the turn is missed. If the engineer does not miss a turn, the guarantee is not affected. Theoretically an Engineer could drop his turn and all the Engineers behind him on the pool/extra board could also drop their turn and he would not miss his turn because he would then become first out without missing his turn. The actual time the request was made to drop the turn is the time used for placing the turn (if the turn is missed) when dropped in its proper place on the board/pool among other turns that may have marked up at the bottom of the board after the time of the drop and before the dropped turn would have been called. Simply put, the actual time the request was made is the time used when the turn is actually or physically dropped.
I trust this information adequately explains the reasons the dropped turn is left on the pool/extra board and later dropped when his turn is actually called. With best wishes and kind personal regards, I am
Fraternally yours, Don Moats, GC
Brothers and Sisters,
Please review the trailing email from Brother Tom Pontolillo requesting the names (volunteers) of any member who may be subject to receiving a Drug Test on short notice that may be required to the DOT's mandatory observation and "strip search" regulations for return-to-duty and follow-up drug testing.
As you know, a Notice was published today advising that the Department of Transportation is changing the effective date of 49 CFR 40.67 (b) from August 25, 2008 to November 1, 2008.Therefore it is requested that you contact all engineers on your respective seniority District who may be subjected to a drug test and could be impacted with the new mandatory observation on or after November 1, 2008 and see if they will contact our BLET Attorney Harold Ross if they are willing to have their situations identify in court papers with their names redacted.
Any assistance you can provide to Harold Ross and Tom Pontolillo is requested and appreciated. You should be able to contact Mr. Ross or Mr. Pontolillo by calling (216)-241-2630 and request the BLET Operator to put you through to either one.
Fraternally yours,
Don Moates, General Chairman
Brothers,
As part of our effort to put together the strongest legal challenge possible against the DOT's mandatory observation and "strip search" regulations for return-to-duty and follow-up drug testing, we are trying to find BLET members who would be impacted immediately.
Specifically, we want to locate a member who has either (1) failed a drug test and has not yet returned to work, or (2) is subject to unannounced drug testing because of a prior positive test.
We are looking for at least two members in this position who are willing to have their situations identify in court papers, with their names redacted.
If you believe any members fall into the above categories, please contact Harold Ross as soon as possible. Thanks in advance.
Frats, TAP (mobile)
Brothers and Sisters, Please refer to my email dated August 2, 2008 wherein I advised that your Locomotive Cab Committee had accepted the assignment to follow up on our request of July 1, 2008 to Mr. Tony Ingram to retrofit CSXT Conventional Locomotive with Air Conditioners. I very proud and happy to provide you with the below report from Brother Larry James, BLET System Labor Liaison which includes information to the effect that CSXT will retrofit 50 non air-conditioned conventional cab locomotive with Air Conditioners in 2009. Also 12 more will be retrofitted for use in the Bone Valley. Your Locomotive Cab Committee has dedicated numerous hours of their personal time toward improving the Locomotive Standards and Conditions to achieve and maintain safe, sanitary, and healthful cab conditions on CSXT Locomotives. Your Locomotive Cab Committee is dedicated to follow up on this project and will endeavor to work on fitting all non Air-conditioned Locomotives that are not slated to be retired with Air Conditioners. As stated in Brother Larry’s email, this is the first installment and in time we hope to have all Locomotives equipped with Air-Conditioners. Your Locomotive Cab Committee is again commended for a Job Well Done. Don Moates, General Chairman
From The KY Legislative Rep.
The visit to Frankfort was very informative. Many contacts were made today includeing Kentucky Operation Lifesaver head, Wayne Gentry, a retired Norfolk Southern locomotive engineer. Mr. Gentry was the main presenter to the Joint Transportation Committee headed up by Senator Brent Guthrie and Representative Hubbie Collins. Mr Gentry showed about three minutes worth of LOCOCAM collisions caught on NS locomotives to get his point across.
Although I was not allowed to speak to the Committee, in CSPAN fashion, I was able to gain "status" by being introduced as a Locomotive Engineer representing the members of the BLET. I must say many of the lococam clips resulted in the closest thing to a "flashback" I have ever experienced. For those of you that have had the misfortune of being involved in a crossing accident or trespasser fatatlity you know what I am referring to.
On hand for CSX was Public Affairs officer Bryan Glover and Public Affairs Resident Vice President David Hall. Mr. Glover was allowed to speak on behalf of CSX and "all" they do for public safety. After the meeting in a hallway type setting I was able to gain the attention of several lawmakers by telling them about all CSX does from the perspective of a locomotive engineer. CSX does try to help with crossing protection, but I think they could speed the process some by believing their employees more often and acting on our complaints. Representative Overly has promised myself that crossing safety is at the top of her agenda and she would like to have someone who runs the train on record and not someone that owns them. She promised me a chance to speak at the next meeting on crossing safety. She was there along with a family from Bourbon County that lost there son in a crossing accident.
Mr. Glover and I had very good conversation about what it will take to improve crossings across the state and on the Mainine Subdivision, mainly Tobacco Road at MP 112.2. The ultimate decision being made by the Kentucky Department of Transportation and the securing of federal funds. With the current budget crisis in our state it will most certainly be federal funds that will be used correct these dangerous crossings.
Please understand this is a very trying process and proper reporting of near misses is very helpful. Please report all near misses to the police command center so we can have them on record in case there is an accident that results in a injury to one of our members. Most importantly, the more reports we have, the stronger the data, which will result in the numbers needed to improve these crossings. I know we have so many close calls they become the norm, but please try and report the ones that give you that "feeling" on an imminent collison.
Thanking you for your time. Bryan Aldridge Kentucky State Legislative Chairman BLET
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