Brotherhood of Locomotive Engineers
Division 758
Brotherhood of Locomotive Engineers
Division 758
Richard E. Etienne
Vancouver, WA
rick@etnsplace.com
Ms. Maggie Prellwitz
Director, Operating Timekeeping
BNSF Railway
PO Box 1738
Topeka KS 66601
December 5, 2000
Ms. Prellwitz,
There have been correspondences beyond multitude with your office concerning the unrelenting declination of any and all claims submitted for appeal. Your office is constantly denying the charges of unilateral denial of all claims. Your manager of special projects vehemently denies any such allegations.
Please explain to this committee how these denials can have any credibility at all when denial upon denial are received, even after a disputed position is resolved by Labor Relations, and your department continues to refuse to pay the claims?
I hold in my hand five (5) declinations from your office concerning the dispute over ITD/Overtime payments. The date of declination is November 30, 2000, signed by your office. Claim numbers are 66, 68, 69, 73, & 77. This issue was resolved in favor of the organization in late October 2000. Claims have been conferenced both at local and LR levels, and have been paid since then. This is the second batch of declinations regarding this issue received from your office since the decision to pay these claims was made. The first declinations were received on November 8, 2000. Benefit of doubt was given, and attributed to miscommunication. This is no longer miscommunication. This is willful denial of legitimate monies earned by employees.
Title 45, Chapter 8, Section 152 of the Railway Labor Act, First states:
Duty of carriers and employees to settle disputes:It shall be the duty of all carriers, their officers, agents, and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and
working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, of any dispute between the carrier and employees thereof.Please explain to this committee how your office may continue to maintain this practice of blanket denials while disclaiming any willful withholding of legitimate monies. If this practice is to be changed, please give this committee a detailed action plan as to how this problem will be corrected and how implementation will be overseen as to compliance. Also, please explain what corrective action will be taken on the claims stated above.
Respectfully,
Richard E. Etienne
Local Chairman
Div. 758
Cc: Merle Geiger Jr.