January - June 2001 Minutes

January - June 2001 Meeting Minutes

Here's What Happened at the Meeting on January 15, 2001

VISIT BY FELA ATTORNEY

Paul Bovarnick, our designated council was a guest at this month's meeting, and discussed FELA, and F-27's. He reiterated the need to be careful when filling out F-27 Claims. Mr. Bovarnick made the following points:

Never meet with the carrier without someone (preferably a union officer) present.
Remember, the carrier is not your friend.
You are not required to sign a medical release, unless you plan to be on wage continuation. Remember to notify your Doctor this is a FELA claim, and not Workman's Comp.
Be careful with the F-27, as this form is the first notification of injury. Be sure to note if anyone other than yourself may be responsible for your injury. Carmen, Mechanical, Supervision, etc.
Be careful on the part asking if there was anything else you could do to prevent the injury.
Be sure to notice if there was defective equipment involved.
Never fill out an F-27 in pencil!
Never sign a blank F-27! If the carrier says to sign it and they will fill it out later, DON'T.

Mr. Bovarnick reminded us that his office was available at any time to answer questions if an injury occurs.

NEW DIVISION OFFICERS

New division officers were instilled in office. We thank the former division officers, notably brother Bonnin for his, and their services.

7 & 3 DAYS OFF EXTRA BOARD AT VANCOUVER

The agreement for enabling a 7-3 days off extra board at Vancouver was signed by Labor Relations and the General Committee of Adjustments. The agreement goes into effect on Jan 16, 2001 Currently there will be 10 cycles. Additions or deductions will take place in a rotating manner. A copy of the agreement is here.

ALBANY DAY'S OFF EXTRA BOARD

The agreement is still being drawn up and awaiting signatures from Labor Relations. Hopefully this agreement will be in place by the first of February.

HEADLIGHT RULE

Please review the GCOR Rule regarding turning your headlight off when STOPPED on the MAIN LINE. There are only three times you are able to turn your headlight off when stopped on the mainline awaiting a train. They are:

If your train is clear of the main line.
If your train is left unattended (You are relieved, and no crew is there to take charge of the train).
If the opposing engineer requests you to turn your headlight off when he/she is approaching.

Ops testing is being done on this rule. Be careful!

OE CHANGES

A motion was made, and passed, by a member to put out a ballot for all members that will allow the local chairman to discuss making the OE a 5 day job, instead of a 7 day pool. Ballots will be sent out soon. A vote for allows this committee to negotiate with the carrier to change the OE to a 5 day pool, with hopefully Sunday and Monday off. Any trains run on the OE that day would go to the extra board. A no vote prohibits any negotiation, and keeps things the way they are.

JOB SELECTION SHEETS

Remember to keep your job selection sheet updated at all times. You never know when your job will be abolished, or you may be bumped.

NEW T O D FIELD ON TIMESLIPS

Payroll is aware of ongoing problems with the TOD field on timeslips. This field is no longer correctable by employees. Make sure the time displayed in the TOD field accurately reflects the time you were on duty. Corrections are being made to the program by payroll.

TIME CLAIMS PROCESSED BY THIS COMMITTEE

If this committee conferences time claims for you, and you receive a notice telling you a payment was approved, be sure to let us know if you do not receive payment within 60-90 days. We have no way of seeing that the payment was actually made.

CBT TRAINING/RECERTING

The General Committee has no problem at this time with CBT training.

ROAD CREWS PERFORMING YARD SWITCHING

The following is considered yard switching:

Being required to make a joint on a track with cars on it, if you must go beyond the clearance point in order to make the joint. (If your cars will fit in the track and the joint still hasn't been made).
- Remember, if you make the joint on the standing cars before the setout is in the clear, and then have to shove the cars, this is not yard switching.
Being required to shove cars already in a track to spot on the far end of the track if your setout would clear without shoving to that spot
- Remember, you are permitted to spot your cars to any location in a clear track that the carrier wants. It is not yard switching, if the track is clear, and they instruct you to spot at the far end.
Being required to get a track together if your setout will fit without making the joints. A joint that has to be made before the setout is in the clear is acceptable.

SAFETY MARATHONS

The motion to agree to the carrier's request to participate in safety marathons was presented, and defeated. Therefore, safety marathons will not be participated in by division 758 members.

The bills were paid, and the meeting was closed.

Here's What Happened at the Meeting on February 26, 2001

AN APPEAL FROM OUR STATE LEGISLATIVE REPRESENTATIVE

Al Bridges, our State Legislative Rep. brought in an article from Sunday's Columbian (02-25-01). This article talks about the BNSF and it's members, but unfortunately paints a fictitious picture of safety. The article stated there had been no fatalities on the Oregon Division since 1980. We all know this is not correct. Mr. Bridges requests any and all members, their families, and their friends write to the Columbian, specifically Mr. Thomas Ryll, the author of the piece, to request he check out the facts, and re-write his article. You can also go to the following link to post a rebuttal to the piece on the on-line forum of the Columbian. http://www.columbian.com/hotissues/

This committee posted the following:
"From the BLE in Vancouver WA: Wow! Talk about being in a time warp! I would like to correct this misinformation by Mr. Melonas, who said
there had been no fatalities since 1980 between Vancouver and Chicago. Just in the Northwest alone, there have been the following
accidents/fatalities: 1988- A fatality in Seattle. 1992- A fatality in Interbay WA. 1993-5 employee fatalities in head on collision of 2 trains at
Longview WA. 1995- Head on Fatalities in Montana. 1999- Condr. Fatality by Amtrak at Stevenson WA. 2000- Lost foot in Bend Or. 2000-
Lost leg in Kettle Falls ID. Please Mr.THOMAS RYLL, write an accurate accounting of the accidents and injuries sustained over the years on the
BNSF in the Northwest. Thank You"

FINAL LITE MILES AT PASCO

Final Lite miles at Pasco are to be claimed as follows:
From the E. end West Yd to fueling dock - 3.7 miles
From CP 143 to fueling dock - 4.0 miles
East end East Yard to fueling dock - 6.2 miles
River end Grain Yd to fueling dock - 2.0 miles

CBT TRAINING-RECERTIFICATION

There have been complaints about how long it takes, and glitches in the CBT system for re-cert. Unfortunately, no one has provided any documentation as to what is wrong, or how long it is taking. If you are having problems, or the entire process is taking too long, leave this committee documentation so the problems may be addressed. It is impossible to get anything corrected if we can't prove there is a problem.
Remember, if you are required to take this test at other than your home terminal, the $233.00 rate of pay applies.
Engineers are to be made whole for any lost work due to recert. If no lost time is accrued, a basic day applies. If overtime accrues when being paid a basic day, this applies.

ALBANY EXTRA BOARD

Who knows? When the GCA gets the time to get an agreement drafted and signed, we will get it.

OE POOL

The votes are in regarding allowing the local committee of adjustments to enter into talks with the carrier regarding changing the OE pool to a 5 day assignment/pool. Nothing is decided at this time, but whatever agreement is presented for ratification, all efforts will be made to ensure no lost earnings for the 5 days assigned. The count was 48 for, and 10 against, with 5 invalid ballots. This is out of 107 ballots sent out. Thanks to those who voted.

Here's What Happened at the Meeting on March 19, 2001

MEMBERS PRESENT

Officers present: R. Balkowitsch, D. St. John, R. Etienne, H. Bailey, D. Haney, K. Howard and S. Barnes. Members present: E. Taylor, J McDaniel, R. Williams, R. Jacobs, K Atwood, R. McCartney, R. Collins and retired member J. Bonnin.

NEW MEMBER APPLICATIONS

B. Mullane has requested transfer to this division. Proposed by guide to accept, approved.

UNFINISHED BUSINESS

ITD - Again, be accurate on ITD times. At Pasco, they are looking at putting you out when the carman gives you a highball on your roll bye. If you are required for their convenience to pull down to wait for a train (i.e.-143 to the grapevine) have the conductor make a notation in the delay report.

FINAL LITE MILES - Be sure to pay attention to the chart posted in regard to FL claimed in Pasco. There is no validity to any Initial Lite Miles on the SP&S territory. Please do not claim this as it is not payable. There will be a meeting in Pasco to take care of the current cuts of these claims and the issue at whole when time permits.

OE – There still has not been a meeting on this issue. The LC asked questions regarding how we would like to see the OE run. Should they be guaranteed 5 days per week? Should we attempt to have a 5/2 cycle? Discussion followed.

REPORTS OF COMMITTEES

Legislative reps at work, no report this month.

Local Committee of Adjustment:
PEPA - A new policy is in effect that requires 6 months held from service for infractions of block and authority violations. Watch yourself with long trains in short sidings. Check your orders closely. Ask the Conductor if there are any unusual conditions in the train makeup. A discussion followed.
If you have a long train for a short siding, perhaps it may be safer to stop 500 feet back, then ring up the dispatcher and request either a talk by the signal, or a signal to pull the train up snug to the signal. Just a thought

CLAIMS - Payroll should be paying all the late (over 60-day) claims this half. Watch your printouts and notify us if they are not paid.

WINDOW BOX AWARD - PLB 6284 award 3 concerning this matter is out. We lost. All claims have been withdrawn. Those claims held over 60 days are still payable.

TIMESLIPS - Watch how much time you take on the tie up. The carrier is watching both in Vancouver and Pasco. Be ready to document and support any time, which may be different from the conductor or considered excessive by the carrier. There was a discussion over what was considered excessive.

LAY OFF - Furnish this committee with any documentation if you are denied layoff. This includes requests through the computer. Those members on the extra board if you are EVER denied a LRC, (assigned days off) call the LC or other officer immediately!

M-PASLYD - The carrier has been checking tapes on this train, looking at speeds. They feel there are instances when there is undo delay. If you work this train, be aware.

SPECIAL GUESTS

Special Guests: At the invitation of the Local Chairman, R Fay and G. Luck spoke to the members and had a question and answer session. Mr. Fay’s opening statement included the following. Personal injuries are up on the division, we did better last year and they would like our help in controlling these. The Oregon Electric was addressed and on time performance. At that time the questions and answer session started. The following topics were discussed. Grain, coal, manpower, the memos concerning no lay-off on the weekends. This generated several issues concerning layoff, cutting of extraboard, crew planners, and lineups. What happened to the matrix per R Steven's controlling deadheading, deadheads and heldaway. Yardmasters and their interpreting agreements, terminal manager’s attitude, yardmaster-answering radios, gross tonnage being upped. There will be re-routes to Eugene sometime between May and September. The new ethanol plant at Meager is coming on line, that business should come to us. DME (shortline) is getting into our coal fields. Oregon trunk projects for the next three to five years. LYD observation as discussed earlier in the meeting, PEPA and discipline, town hall, switch engines seats and retrofitting. General testing. Both Mr. Fay and Mr. Luck want us to get involved with SACP and safety again. Tank cars, are there some you can ride? (Yes but very few). Management discussions with employees about Productivity. And, more work with fewer people, yellow red flag not displayed leaving out of A-4. Bottom line: CYA.

FINANCES

There were discussions about the finances of the division. These will not be reprinted here. Anyone wanting this info, let me know.
A request was made in writing for special meeting per Constitution, Statutes 11(b) presented to the President. Topic of meeting to be as follows "We request a financial status and budget meeting outside the normal business of Div 758 of the BLE." The President deemed request to be in due form with the required number of signatures from members in good standing. Special meeting will be convened at earliest opportunity.

There will be a special meeting to be held on March 28, 2000 at 1000 and again at 1600. It is very important that all attend if at all possible. Continued apathy can only result in deterioration in representation.

Motion to adjourn by brother Atwood, seconded by Brother Jacobs.

Meeting closed in due order.

Here's What Happened at the Meeting on April 16, 2001

MEMBERS PRESENT

Officers present: H. Bailey, WM Knowles, R. Etienne, D. St. John, R. Balkowitsch, D. Haney, WC Barnes.
Members present: L. Weed, A. Chavez, R. Chavez, D. Ruiz, W. Pelham, R. Williams, J. Bennett, C. Nibbler, R. Marshall, W. Pellens.

Minutes of previous meeting read. No corrections made. Motion to accept by Brother Barnes, seconded Brother A. Chavez. Motion passed.

Minutes of special meeting read for those not in attendance.

NEW MEMBER APPLICATIONS

Application for membership by J. Nelson presented by the guide. Motion to accept by Brother Bailey seconded by Brother D. Chavez. Motion passed unanimously.

SPECIAL ELECTION

Members appointed by president to count ballots from special meeting. Brother's Haney, Pelham, Weed, and Bailey accepted. They were then instructed to begin the counting of ballots.

Short break taken during count.

Results of ballot reported and accepted by President as follows: 61 ballots returned, all valid.

Motion A: yes 22 no 23 failed
Motion B: yes 29 no 20 passed
Motion C: yes 34 no 26 passed

REPORTS OF COMMITTEES

Local Chairman -

Ballot by GCA presented by LC. Ballot will affect extra boards with a vacation change for going on and off duty at midnight, with a 7am markup. Discussion followed. Motion to vote yes by Brother A. Chavez, seconded by Brother Knowles. Motion passed.

The carrier is contemplating no reroutes at this time. Further information will be passed along as we get it.

Attendance guidelines - investigations are being called again. Watch your layoffs.

The LC gave proposal on the OE to carrier. Subject pending.

Pool regulation, grain will be down till May. Argentina may be infected with hoof and mouth and Australia is having problems with drought. This may affect grain movements.

Labor relations have approved FL mile payment at Pasco.

Legislative Board -

Legislative committee report: Due to time constraints, Legislative Rep W. Knowles gave a brief overview of the current status of proceedings. The whole body of the report will be given at the next meeting.

Finances:

The current balances of accounts were discussed with several questions from the floor.

We have received the loan from the GCA and taxes due will be paid tomorrow. We still have not gotten final amounts but should by then.

Phone bill discussed, amount paid for new checks was questioned and discussed, various other topics were discussed concerning expenses.

Motion by Brother Haney to pay bills, seconded by Brother A Chavez. Motion passed.

Discussion of new terminal division superintendent.

Discussion by president of where we want to go with the division.

Discussion of guarantees, would we like to have someone help the LC with figuring of guarantees. OE, eating, local rate, switching,

Motion to close by Brother A. Chavez, seconded by Brother Bennett. Motion passed unanimously.

Here's What Happened at the Meeting on May 21, 2001

Meeting opened by the President in due form.

Minutes of previous meeting read. No corrections made. Motion to accept by Brother Boomgaarden, seconded by Brother Bennett. Motion passed.

Reports of Committees:

Budget Committee: Budget for May to December was presented by Brother Barnes and floor opened for discussion. The committee will continue to meet and revise the budget as needed. Motion to accept budget as presented by Brother Howard, seconded by Brother Cordes. Motion passed.

Finances: Presentation of current status made by sec/treas. The current balances of accounts were discussed with several questions from the floor. The bills due for payment were presented and discussed. Motion to pay the bills by Brother Barnes, seconded by Brother Haney. Motion passed.

Local Chairman -

Resolutions for the GCA meeting were presented and discussed. A motion instructing our representative to the GCA to implore them to send information and proposals in a timelier manner, made by Brother Barnes, seconded by Brother Bailey. Motion passed.

Recent discipline events were discussed. This committee will continue to make every effort to reduce or eliminate any discipline for all members.
It was discussed how it was not the position nor responsibility of this committee to pick and choose who will get a break or not. If the carrier chooses to give an individual a break regarding discipline for an infraction of the rules, that is their business, and this committee will not advise the carrier that a stronger discipline is mandated.

Locomotive Shutdown Policy is in effect. Make sure to comply with these instructions.
Ops testing is being done, and the shutdown policy is in effect.

The following topics were also discussed:

Efficiency testing.
The carrier is on a push for detector recalls. Investigations are being called for violation. BE SURE to pay attention to the detectors, and use the call back feature if no message is heard.

The new Terminal Superintendent.
Still taking a wait and see approach.

Extra board regulation.
The carrier continues to hold the right to regulate the extra boards as they see fit. Our only recourse is to require an addition to be made in the event the mileage ceiling is met.

Final LITE miles at Pasco.
The carrier is paying final lite miles at Pasco. Refer to the chart for the correct mileage.

FTD.
Be accurate on your departure times. Do not round off to the nearest 5 minute. Use the correct time.

CD’s of our agreements are available for anyone wanting them. The floor was opened for discussion.

Motion to close by Brother Wetherholt, seconded by Brother Bryson. Motion passed unanimously.

June 2001 Meeting

Here's What Happened at the Meeting on June 18, 2001

Meeting opened by the President in due form.

Members present: W Knowles, R Etienne, R Balkowitsch, R Jacobs, W Barnes, H Bailey, D Haney, D St. John. Guests attending: J Bonnin, P Bean, A Bailey

Minutes of previous meeting read. No corrections made. Motion to accept by Brother Barnes , seconded by Brother Knowles. Motion passed.

Reports of Committees:

Budget Committee: Report made by Brother Barnes, Brother Atwood has resigned from the committee. The President asked for a volunteer to replace him. Brother Jacobs accepted an appointment by the president to the position.

Finances: Presentation of current status made by sec/tres. The current balances of accounts were discussed and several questions were asked from the floor. The bills due for payment were presented and discussed. Motion to pay the bills by Brother Haney, seconded by Brother Barnes. Motion passed.

Legislative Rep: Attended a meeting at which Stefan Morrissey spoke on accumulative muscular/skeletal injuries. Short presentation given and the floor was opened for questions. It was determined that the resonating vibration of most locomotives is the same frequency that causes back muscles to relax. This can cause injuries and damage if care is not taken. Currently the carrier seems to be ignoring the issue. More later

Local Chairman -

Timeslips/Tie-ups; A crew has been cited for stealing time. Justification for time is important. Be diligent on tie up times. The carrier has the right to question duties performed after completion of trip. Remember when you are dead on hours, you are not supposed to be doing any work related business other than tying up. Updating your rule book, etc. is not a valid issue while DHOS.
Remember there currently is no job insurance payment available when dismissed for this offense. BE CAREFUL! The computer is watching!

Ops testing-detectors: Failures keep occurring. The carrier is starting to get irritated. Remember to listen for the detector message, and key them up if no message is received.
A SIAP was held on 6-19-01 regarding this issue. Factors for the failures were: Hours on duty. The immediate proximity to both a form B and a form A; Changing the radio channel to the terminal channel; Having the detectors on the back of the signal awareness form, rather than integrated into the form in their proper milepost location; A longer delay in the announcement, and end of trip focus.

The SAP (safety action plan) adopted for the purpose of eliminating future failures are:

Employees should call out an acknowledgement before and after going by a detector.
Change the format of the signal awareness form to integrate the detector locations into their proper milepost location.
Look into creating a 2-3 second tone from the detector upon entering the circuit as a reminder/verification of proper working.
Check with the UP to see if they have the same problems, and what they are doing about it.
Shorten up the delay in the announcement of the detector at mp 37.6
Crews to decide among themselves as to their personal preferences for reminders.
This issue will be discussed at organization monthly meeting in July.
The issue will be posted on the organization web site.
An article addressing the issue will be in the next Dope Bucket.
System SACP will be addressed about adding a software update to the detectors to provide a tone.

Clearances-Hi-Wides: Another SIAP was held on 6-19-01 regarding a crew taking a train from one location to another without a hi-wide clearance on a car. The clearance was for another direction.

The contributing factors for this were:

No proper training in reading Hi-wide clearances
Didn't notice the direction of the clearance.
Field support failed to flag the car when the direction was changed.

The root cause for this failure was:

Lack of training for the crew- no familiarization with the format for hi-wide clearances.
Insufficient process in place to correctly route restricted cars with the restriction/clearance.

The SAP (safety action plan) for addressing future problems has been decided as:

Bob Hillstrom (manager of safety and rules) will see if any training aids are available for instructions in hi-wide clearances.
Safety marathons will be scheduled later to held educate crews in reading/recognizing hi-wide clearances.
The carrier will check with the TSS group to see what can be done to tie in the routing of cars and restriction/clearance forms.
The issue will be sent to System SACP for handling on a system level.

A-700 rules, discussion of and clarification:
It was determined that the A-700 rules allow a force assigned engineer to another terminal to exercise their job selection sheets one time at that location to place themselves on a job. Any future job selections at that location will remove the engineer from a forced status. This does not mean a force assigned engineer may exercise their job selection sheet for any other location.
Any engineer that is set up as an engineer may rule at any location in the seniority district where no senior demoted engineers are working. This means if an engineer is force assigned to Klamath Falls, and a vacancy exists at Albany that is available for rule, and there are no senior demoted engineers at Albany, that force assigned engineer may rule the vacancy in Albany, regardless if senior demoted engineers are at Vancouver.

Vacation changes: Any and all changes must be done through this committee so we can keep database current. No changes will be allowed by direct dealing through the crew desk.

Code PV-GCA has withdrawn claims, only good on 4^th pickup to not exceed 1.5 hrs,

FMLA: Company form has blanket release for medical information on it, don't use it. Use the government form.

GCA meeting:

UTU Merger - Talks are back on. More to follow

NS Merger - rumors are untrue at this time.

Dispute on holiday/PL days resolved.

A-card vote on KCS was not approved by the Intl.

Attendance Guidelines appeals are heading for a board soon.

Contract talks: carrier is refusing to talk till the UTU trip rates are resolved. Hints by carrier, time limits on claims, XBD and guarantees.

Bylaw changes and resolutions and appeals at the GCA. Discussed. The following resolutions were addressed:

A position for Alternate Secretary/Treasurer was created
3% COLA raise passed for General Chairman and Vice Chairmen.
Delegates pay raised 3%. A roll call vote was asked for and defeated. This delegate voted against this issue.
GCA dues increase of $5.00 per month to cover rising expenses. A roll call vote was called for and again defeated. This delegate voted against.
Allow the GCA meeting to be held at Las Vegas next meeting. Passed. (It was shown that hotel rooms are less expensive, unionized, and air fare is less than to other locations.)
Informal letters to be sent out 150 days in advance of future GCA triennial meetings to allow divisions more time to formulate resolutions. Passed.
Address the carrier to change the A-700 rules to allow for immediate markup on vacation vacancies. Passed. This delegate voted against the proposal.
Ask the carrier to change the A-700 rules to require the carrier to increase the extra board each time a demoted engineer is used. Passed. This delegate voted against. This would allow the carrier to change the boards whenever they pleased.
Seek a change to prohibit a demoted engineer from being used at an outlying location. Passed. This delegate voted against the proposal.
Seek a change to reduce the mileage for extra boards from 2400 to 2000 before requiring the carrier to increase the boards. Passed. This delegate voted against the proposal since it would reduce the guarantee, and not guarantee the increases requested.
Modify the transfer agreement to make the privilege portion of the 1990 transfer agreement more restrictive. Failed. This delegate voted for.
Provide system wide seniority on both BN and SF. FAILED!
There were many other resolutions passed that are more of a wish list than anything else. Remember, the carrier has to agree to these changes, and that is not likely.

There were 2 appeals that were addressed.

An appeal of the seniority order for the Lake Superior District for several engineers that transferred under the 1990 transfer agreement. These engineers were ranked in one order at their original district, but the ranking was changed when they all came to the Lakes District. The reason is the 1990 agreement requires employees with the same seniority date (11-1-90 in this case) to be ranked according to their original hire date, and if those are the same, by their birth date. This caused a formerly junior man to go ahead of a formerly senior man because he originally hired out as a trainman first. The appeal was denied.
Appeal the ruling that did not allow former WCRC demoted engineers from being force assigned as engineers in the Pacific 5th. This issue passed. It was decided that these demoted WCRC engineers would not be exercising (and forfeiting their seniority on the WCRC) by being force assigned to another terminal, as long as they returned to the WCRC property upon being released from force status. This will require them to protect just as all of us are required.

New business: Brother Barnes suggested we talk to a labor attorney concerning the way this division has been handled with respect to the Oregon Legislative board and the Internationals jurisdiction over it. Discussion. Brother Barnes authorized by the president at no cost to the division to pursue this issue and contact the appropriate individuals.

The floor was opened for discussion.

Motion to close by Brother Knowles, seconded by Brother Bailey. Motion passed unanimously.