Brotherhood of Locomotive Engineers

ALL LOCAL CHAIRMAN                                                                             August 1, 2001

BNSF NORTHLINES/MRL File:                                                                 BLE/UTU Merger
                                                                                                                         PLEASE POST

Dear Sirs and Brothers:

This is in reference to recent announcements concerning the proposed merger agreement between BLE and UTU. To update you on the information that we have received so far, we are enclosing a letter dated July 24, 2001, wherein BLE International President Dubroski describes many of the terms of the proposed agreement, as well as some of the issues leading up to the proposal. As we recently discussed at our Committee Meeting, it is imperative that we preserve the autonomy of our craft and our seniority to preserve our future, regardless of the path we pursue. President Dubroski’s letter describes the steps that have been taken to accomplish this goal and we are providing them for your review.

We have also been advised that tentative plans call for the agreement and all associated documents, to be mailed to the rank and file membership of the BLE and UTU, with ballot, beginning the week of August 6,2001. Returned ballots will be accepted until September 14, 2001. Informational meetings, both Town Hall and Division, are currently being organized, and we plan to attend as many meetings on our property as physically possible. The International Division is also preparing a videotape presentation explaining the proposed agreement that will hopefully be made available to the membership in the very near future. We cannot emphasize enough how important it is that our membership study the matter before them and gather all available information prior to casting their votes. After coming to a full understanding of the issues, it is of equal importance that all members cast their vote. A decision of this magnitude must be made by the majority of our membership.

For that reason, we would ask that you post this circular on all BLE Bulletin Boards, and, further, that you advise your membership that additional information is forthcoming. The decision now placed before the membership could well be the most important decision that any of us will make in our railroad careers. We cannot make it lightly, nor can we allow emotions to cloud our ability to study the facts before us. Only with a full understanding of the options that we are currently faced with, can we as a collective membership make the best decision for our craft and our future.

We will provide additional information as it becomes available, and will be contacting all of the Local Chaimen on this Committee to assist in planning meetings where desired.

Fraternally

M.W. Geiger, Jr.
General Chairman

DRP

EDWARD DUBROSKI
International President

July 24, 2001

All General Chairmen — United States and Canada
All State and Provincial Legislative Board Chairmen

Dear Sirs and Brothers:

As I am certain that you have heard by now, the BLE and the UTU have agreed to submit to our members a proposal to merge the two unions, which is being prepared for printing and distribution. Because the most recent agreed-upon changes still are being codified into the Unification Agreement and the Constitution, final documents are not ready for me to include with this letter; however, they will be provided as soon as possible. 

Because of the controversy any proposed merger of the BLE and the UTU is sure to generate, I wanted to share with you some of the most important information concerning this proposal. I believe that our members must be provided with facts, and not rumors, if they are to make a reasoned judgment. One rumor I want to dispel immediately concerns the upcoming Seventh Quinquennial Convention. We will convene in Miami Beach, regardless of what action the membership takes; all elections will be held, as scheduled, and the delegates will handle all other necessary business. 

Turning to the tentative agreement between the BLE and the UTU, there are several important provisions that I want to highlight. First, and foremost, both the craft of locomotive engineer and its autonomy are fully preserved. In both the Unification Agreement and the Constitution, craft autonomy is explicitly guaranteed, because locomotive engineers will have the right to vote on — and must approve — any and all proposed changes that directly affect their working conditions and seniority. 

Our autonomy also is preserved at the institutional level. At the local level, each craft will have its own, separate local committee of adjustment, and all members working in engine service will be required to belong to the engineers’ committee with jurisdiction over their work. At the general committee level, the present autonomy to decide whether to participate in national handling has been preserved, along with jurisdiction over engine service. A new benefit for general committee and state and provincial legislative board officers and their staffs is the opportunity to participate in the new union’s pension plan. Also, International assistance for GCAs would be provided through a chain of command comprised of former BLE officers. 

The same level of autonomy will exist with respect to the International. There will be a number of International offices reserved for former BLE members — greater than the current number — at least until the third quinquennial convention. For the first two conventions, a majority vote of all BLE delegates will be required, in order to approve all matters coming before the convention, except housekeeping matters such as scheduling. Approval of a majority of former BLE members on the Executive Council would be necessary to encumber or sell the Standard Building. In addition, a separate Board of Appeals for engine service is preserved. 

The key democratic rights of BLE members have been preserved, as well, including: ratification of proffers of arbitration; petitioning for an initiative to change the Constitution; petitioning to recall an International officer; and approving of mergers with other unions. In addition, the new Constitution would provide greater accountability, because the membership would obtain the right to know how votes are cast in deciding appeals cases. 

There also are a number of financial benefits that would flow from the merger. We would see immediate, substantial savings in legal costs and other areas, where there is unnecessary duplication of work. Longer term savings would be realized from consolidating work of officers and staff in the future. As a result of this, the merged union will be able to function with International dues set at $4.50 below BLE’s current dues, even with the addition of another BLE Vice President position. Finally, merger would produce elimination of costs related to the BLE vs. UTU war, which has exceeded $8 million in the past 3 years, and would likely run $40 million if an all-out war were to occur throughout the U.S., triggering substantial dues increases or assessments. 

Most importantly, however, is the potential for increased bargaining power, and how that would translate into improved conditions for our members. With 185,000 total members, the merged union would be second in size only to the Teamsters among transportation unions. And, with 105,000-110,000 active members, it would be nearly three times the size of the next largest rail union; if there is a pattern in future bargaining, either we will set it or we will break it. We also would greatly enhance our ability to negotiate "home rule" agreements, which has been a sore point on most carriers where engineers are chasing their seniority all over huge seniority districts because of restrictions on the exercise of their train service seniority. And technological issues — like remote control — will be discussed and decided with all of us at the same table ... no more "back room deals" or divide and conquer tactics to harm our members’ interests. 

There is no question that emotions may run high with respect to merger; but, the stakes are at least as high as those emotions may be. In the end, the question may come down to whether BLE members will continue to be represented as locomotive engineers by BLE officers they have elected, or as "train and engine service employees" by UTU officers imposed on them by an unfavorable NMB decision. It is clear that — based on its decisions in the Tex-Mex, Terminal Railroad Association of St. Louis, Manufacturers’ Railway, and Paducah and Louisville — the NMB is poised to combine operating crafts every time the issue comes before them. To further complicate matters, we learned yesterday afternoon that the Federal Judge in the Ryan case, which litigation was filed by us to obtain a judgment that we had the right to represent train service employees on the former C&NW (based on the fact that we had established a practice of such representation by arbitrating over a dozen cases), has ruled against us. 

It is time to recognize that we are at the point where we must decide either to formulate an agreed-upon accommodation that will take care of the most acrimonious issues between the organizations and their leaderships. or engage in an all-out baffle, which could decimate the strength of both unions and lead to the loss of BLE engine service leadership and, accordingly, BLE representatives acting on behalf of the BLE rank and file. I have vowed that the ultimate decision will be made by the membership of this great Brotherhood, which is the only course for us to take if we truly are the democratic organization we claim to be, and I am delivering on that promise. I am counting on your help in getting the facts out to the members, and asking that they base their decision on reason, rather than emotion. 

With warmest personal regards, I remain 

Fraternally yours,

Edward Dubroski

President

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