Brotherhood of Locomotive Engineers

 

M.W. Geiger Jr.

GENERAL COMMITTEE OF ADJUSTMENT 
BNSF/MRL

                            VICE  CHAIRMEN
                                D. R PIERCE
                                S. J.  BRATKA
                                M. 0. WILSON

General Chairman

            500 THROCKMORTON, SUITE 1820
                FT. WORTH, TX 76102 4237
                TEL (817) 338-9010 · FAX (817) 338-9088

                                 J.H. NELSON
           SECRETARY-TREASURER
                           ORCHARD DRIVE
                    GALESBURG, IL 61401

May 17, 2000                                                                                                               File: Guarantee Recoveries

ALL LOCAL CHAIRMAN
ALL ASSISTANT LOCAL CHAIRMAN


Dear Sirs and Brothers:

The Carrier has recently recovered numerous alleged overpayments from employees on guaranteed extra boards. It is the Carrier's position that these payments were a mechanical error caused by improper programming in connection with the TK2000 timekeeping cut over. Although the Carrier has gained some latitude in arbitration, allowing recovery as a result of either computer or programming error, it is our position that the Carrier's recent actions are without merit.

This office has reviewed the matter and it is our position that such recoveries, beyond sixty days, are in violation of our time limit agreement, dated April 20, 1979.

Clearly, Award precedence is also on our side of this argument. It has been generally ruled, if an employee submits a claim and a timekeeper pays the claim, later learning the claim has no basis, then the Carrier is without recourse to recover the payment, if such recovery is beyond the date specified in the time limit rule.

The above scenario is analogous to the current incident. Obviously, the Carrier has copies of our agreements, and therefore, it is incumbent upon the Carrier to incorporate proper decision tables, based on these agreements, into the timekeeping system, when a computer system is utilized to replace timekeepers who were previously held accountable for similar decisions.

Because of the Carrier's recent actions, this committee is instructing all members who have had movies recovered under these circumstances to submit a stand alone claim for the recovered amount "account improperly recovered outside of applicable time limits."

Respectfully,

M.W. Geiger, Jr.

General Chairman