January - June 2007 Meeting Minutes

Here's What Happened at the Meeting on Monday, January 15, 2007 

Meeting was opened by President in Due Form.

Members Attending – R M. Pratt, R. Etienne, T. Jacob, B. Bocchi, M. Cousineau, D. Richardson, A. Ortmeyer, S. Cordes, S. Hill, R. Huelle, K Stockman, W. Barnes, D. Robertson,  R. Chacon, D. Ruiz.

 The President asked for volunteers to count ballots for run off election for Vice Chairman-Local Committee of Adjustment. D. Richardson, M. Cousineau and J. McHenry were appointed for the count. After count of ballots, 7 not countable, 28 votes for Brother Jacobs and 21 for Brother Haney. T. Jacobs is awarded the position of Vice Chairman.

 Minutes of the December meeting were read. No amendments were made. Motion to accept by Brother Jacobs, seconded by Brother Bocchi. Motion passed.

 Finances – We currently have 110 members. Secretary made presentation on current finances. The bills were presented for payment. Motion by Brother Ruiz  to pay the bills, seconded by Brother Ortmeyer. Motion passed.

 Motion from Brother Richardson to have the assigned car go into the AFHT pool in order upon arrival, not first out upon rest. Discussion of this by membership; will reevaluate this proposal next month.

 Safety Rep – None present.

Local Chairman – Assigned Cars –It is the opinion of this committee that the assigned cars are not first out until they are rested.  That means they can only be called once they are within 1:45 of their rest. Since the assigned cars are not first out until then, they are not in position to DH unrested.  This would not apply if they were the only turn in town.  They may be called for any train, DH or dog catch on their rest.  Crew caller cannot program them to get 8 hours rest before being called for work.

Held away at Pasco - This committee is working on the held away at Pasco.  We have assurances from Mr. Jones that he will also keep working on it.

No Call List - Regular assigned yard engineers are now on the No Call List. If you own a regular yard assignment, you are on the No Call You. You will not have the choice of Yes or No.  This doesn’t mean someone in crew calling may take it upon themself to call you manually.  The other exclusions still remain in effect.

Vacations  – All vacation changes will have to be done through this committee.  Prime weeks will be put up for bid as time permits.  Please remember changing weeks is a privilege, not a right.

Vacations/PLDs being used for FML –Be sure to submit time slips each time one of your PL or Vac days are used for FML. Claims must include a complete statement of facts detailing the dates in question and which paid leave was involved.

Wording on the claim should be:

     “This claim is being processed without prejudice to the organizations position that the carrier’s revised FMLA policy is unenforceable because it was implemented unilaterally in violation of the carrier’s status quo and bargaining obligations under the railway labor Act and in violation of the Family and Medical Leave Act .  The organization is litigating that issue in federal court.  The carrier has refused to suspend the requirements of the contract claims process until the dispute is resolved.  Therefore, the organization is processing this claim at this time to ensure that the contractual requirements are satisfied in the event the court holds that the dispute must be resolved via the Section 3 processes of the Act .”

If you don't submit a claim, you won’t have a chance of getting these days back.

Claims – Claims continue to come in with no documentation. Please understand that this committee is getting bogged down with undocumented claims.  Simply forwarding claims electronically will not be sufficient.  Working tickets, cut slips, delay reports and 816's are required to work claims.  This committee will hold tickets for 60 days and then close them out if paperwork is not received in time to work the claim.  Sometime email is the quickest means for communication, but this committee continues to get no reply to questions regarding claims.

Notifying YM when on train - General notice requires crews to notify YM when you get on the train at either terminal. Be sure that your conductor complies.  The carrier is Ops failing crews for not doing this.

“Red Employees” - The carrier is talking to employees designated as “Red Employees”.  Their determination is based on points accrued through REI’s injuries and Ops test failures.  If you are notified of your requirement to attend one of these meetings, and you would like representation, let this committee know.

Christmas Operations - For the first time the carrier got everyone home. No one was at Pasco, or working to or from.  Mr. Jones actually was good at his word.  This says a lot about how the GM’s plans to treat us.     

Shoving Car Violations – We continue to have members cited for the shoving rule. Be sure to follow the rules. Your employment may depend on it.

WPO’s or RIP’s (work practice operations, risk identification process) - Since the alternative handling agreement, we have had the right to do work place observations. These are not ops test, and they are not done with the carrier. These are work practice observations done by our members, for our members.  The purpose is to note a trend or practice that may lead to one of our members being injured.  The data is scrubbed of any and all identification information, and is simply gathered as raw data and utilized to note trends.  With these trends, safety marathons can be held to try and correct these practices.

There is no carrier involvement and discipline issues.  This is members supporting members to help avoid injuries.  Do we want to look into this?

Jackets - Did everyone get there jacket and coffee mug?  

Receipt for Union dues - Brother Barnes made a motion to not mail out receipts for year end union dues and seconded by Brother Richardson , was voted on and passed unanimously.  If you require a receipt please contact the Secretary/Treasurer at 360 521-8570 and one will be issued.

The floor was opened for discussions.

Motion to close meeting by Brother Huelle, seconded by Brother Barnes Motion passed.

Meeting adjourned at 1420.

Here's What Happened at the Meeting on Monday, February 19, 2007 

Meeting was opened by President in Due Form.

Members Attending – R M. Pratt, R. Etienne, T. Jacob, C Gunther, K. Fox, D. Haney, A. Nollette, S. Hill, T. Reddish, A. Ortmayer, C. Gonzales, W. Barnes, J. Jones

Minutes of the January meeting were read. No amendments were made. Motion to accept by Brother Haney, seconded by Brother Gunther.  Motion passed.

Finances – We currently have 112 members. Secretary made presentation on current finances. The bills were presented for payment.  Motion by Brother Haney to pay the bills, seconded by Brother Jacobs.       Motion passed.

Safety Rep – Attended a breakfast meeting with Labor Roundtable of SW Washington.  Rep was impressed.  Injuries in terminal of 13; 1 engineer and remainder are trainmen.  We have a new safety coordinator, Steve Brandenburg.

Local Chairman – Work Retention Board - WRB enacted prior to Division voting on it.  We decided to let it happen because it was for the better good of the members.  Do we keep it?  Upon discussion this committee decided to keep it.

Held-Away at Pasco - This committee is working on the held-away at Pasco.  We have assurances from Mr. Jones that he will also keep working on it. Held-away is down when MCO’s listen to us.  Weekends it tends to climb due to them not listening to us.  The ultimate goal is to keep held away down to a bare minimum.

Vacations/PLDs being used for FML –Be sure to submit time slips each time one of your PL or vacation days are used for FML. Claims must include a complete statement of facts detailing the dates in question and which paid leave was involved.

Wording on the claim should be:

     “This claim is being processed without prejudice to the organizations’ position that the carrier’s revised FMLA policy is unenforceable because it was implemented unilaterally in violation of the carrier’s status quo and bargaining obligations under the Railway Labor Act and in violation of the Family and Medical Leave Act .  The organization is litigating that issue in federal court.  The carrier has refused to suspend the requirements of the contract claims process until the dispute is resolved.  Therefore, the organization is processing this claim at this time to ensure that the contractual requirements are satisfied in the event the court holds that the dispute must be resolved via the Section 3 processes of the Act.”

If you don’t submit a claim, you won’t have a chance of getting these days back.

Job Selection Process - Seems to be some confusion about how the job selection process works. There are 3 ways to be moved:

                                1. Exercise 30-day bump
                                  2. Get Bumped
                                 3. Job higher on your job list becomes vacant and you are senior bidder.

If none of those things happen to you, your job selection sheet will not be run.  There is no 30-day bump in demoted status.  It is possible for a junior man to hold a job higher on your job list, if that person is bumped.  Remember, just because you are senior to someone, doesn’t mean you will automatically get the higher position.

If you do a 30-day bump from yard to road or vice versa, you will be required to stay in that class of service for 30 days, even if you are bumped, unless your seniority will not let you hold a job in that class of service.  This means if you 30-day bump from road to yard, and are bumped the next week, you have to stay in the yard, regardless of your job selection sheet, unless you can’t hold anything in the yard.  Same applies to going to the road.

Notifying YM when on train - General notice requires crews to notify YM when you get on the train at either terminal. Be sure that your conductor complies.  The carrier is Ops failing crews for not doing this.

“Faulty Equipment on Locomotive” - If you get on a train, or bring one in that has faulty equipment, be sure to report it.  If the issue is a safety or FRA issue, don’t let the carrier intimidate you into leaving town with the defect.  If you have to cut off and go to the roundhouse, do so.  Be sure to document to this committee when you have a problem with the carrier and no resolution.  If you find the defect after leaving the terminal, be sure to report it at the opposite end.  Be sure to report the defect to the cab committee.

The floor was opened for discussions.

Motion to close meeting by Brother Reddish, seconded by Brother Jones. Motion passed.

Meeting adjourned at 1405

Here's What Happened at the Meeting on Monday, March 15, 2007 

Meeting was opened by President in Due Form.

Members Attending – R. Etienne, T. Jacob, K. Atwood, W. Barnes, S. Cordes, R. McCartney, K. Fox, A. Nollette, R. Huelle, S. Hill, H. Allington, J. McHenry, R. Williams, C. Nibler, J. Blau, R. Reams, B. Black, M. Cousineau, J. Hill, W. Pellens, R. Pratt.

 Minutes of the February meeting were read. No amendments were made. Motion to accept by Brother Barnes, seconded by Brother Atwood.  Motion passed.

 Finances – We currently have 111 members. Secretary made presentation on current finances. The bills were presented for payment.  Motion by Brother Barnes to pay the bills, seconded by Brother Atwood.       Motion passed.

 Special Guest - Paul Bovarnick attended meeting and spoke about cumulative trauma verses traumatic trauma.  The Railroad dislikes C.T. cases. Railroad is willing to entertain these cases as long as they don’t pay as much as T. T. cases.  Traumatic cases are difficult to prove because it’s hard to distinguish between cumulative verses traumatic.

Accident Reporting – When filling out an Accident Report be sure to first call a union member for support and assistance.  In writing, in as few words as possible, indicate what hurts. When you see a doctor be sure to tell the doctor that this is not a Workman’s Comp case.

Statue of limitations for a cumulative trauma is 3 years from the time you notice an injury.

If you get hurt on the job but, not a railroad defendant such as crew shuttle, your stature of limitations for an injury is 1 year.

Local Chairman – FMLA Lawsuit – The Organization won round two.  The Carrier has already filed for an extension to file another appeal.  They will file with the Full Appeals Court or the Supreme Court. They are 0-2 but will not give up.

The court is decisive that if there’s a CBA in effect that allows you to choose when to take your PL or vacation day, the Carrier cannot arbitrarily force you to take one when you lay off FML.

Vacations/PLDs being used for FML –Be sure to submit time slips each time one of your PL or vacation days are used for FML. Claims must include a complete statement of facts detailing the dates in question and which paid leave was involved.

Wording on the claim should be:

     “This claim is being processed without prejudice to the organizations’ position that the carrier’s revised FMLA policy is unenforceable because it was implemented unilaterally in violation of the carrier’s status quo and bargaining obligations under the Railway Labor Act and in violation of the Family and Medical Leave Act.  The organization is litigating that issue in federal court.  The carrier has refused to suspend the requirements of the contract claims process until the dispute is resolved.  Therefore, the organization is processing this claim at this time to ensure that the contractual requirements are satisfied in the event the court holds that the dispute must be resolved via the Section 3 processes of the Act.”

If you don’t submit a claim, you won’t have a chance of getting these days back.

Emergency Applications – If your train goes into emergency be sure to report it.  You need to report it to the dispatcher, the road foreman at 418-6222, and be sure to fill out the appropriate forms.

We have a Road Foreman that wants to use the “dishonesty” card for failure to report.  If asked why be sure to tell the truth.

All emergency applications are red flagged, and will be reviewed at some future time.  This is a guarantee.  Failure to report can cause great grief.

Notifying YM when on train - General notice requires crews to notify YM when you get on the train at either terminal. Be sure that your conductor complies.  The Carrier is Ops failing crews for not doing this.

“Faulty Equipment on Locomotive” - If you get on a train, or bring one in that has faulty equipment, be sure to report it.  If the issue is a safety or FRA issue, don’t let the Carrier intimidate you into leaving town with the defect.  If you have to cut off and go to the roundhouse, do so.  Be sure to document to this committee when you have a problem with the carrier and no resolution.  If you find the defect after leaving the terminal, be sure to report it at the opposite end.  Be sure to report the defect to the cab committee.

Proposed contract – Currently there is a proposal out that we will vote on soon.  The financial effect is as follows:

-      Net increase is 18.18% over the life of the contract.

-          The back pay based on 75,000 will be around $4,600.00.

-          Financial impact of the contract is around $34,000.00 over the life of the contract, based on $75,000.00 per year.

-      Net financial impact of the H&W will be around $1,200.00 over the life of the contract.

-          Harris COLA goes away as it was not a real COLA .  It was only ½  of a real COLA, and ½ of

that had to go to H&W payment increases.

-          The contract is for 5 years, ending in 2009.

Locker Check at Pasco – Be sure to register your locker at Pasco so your belongings do not get removed.  Make sure Alice gets it.  Last time, many had their locks cut off, and their belongings taken out of their lockers.

MOW Blitz – There will be a MOW Blitz on the Fallbridge starting the end of March. It will run around 9 weeks with 8 hour windows.  The carrier has advised they will do their best to have accurate lineups to   reflect the windows.  They will be starting here and working east.  The pool may take a hit, but the XBD will be working like crazy.

RCO Committee – We are trying to put a committee together to monitor RCO jobs.  We will need to find out exactly what they can and can’t do.  Notice they already took out the change to the SSI allowing joints up to 300 feet using an operator not at the joint.  If you are interested, contact Harvey Bailey.

 XTB’s “Off Assignment” -  There is no such thing as “off assignment” when assigned to the XBD.  XBD’s are just as the name says – EXTRA.  The 1970 Merger Protection Agreement set zones and areas of protection.  Vancouver XBD is the closest source of supply for Vancouver, Longview, Wishram (if they are out of men).  There is no preferred work for the XBD. There are no “assignments” for the XBD.  The XBD is there to fill any and all vacancies that the board is the source of supply to.

If you are called to protect Wishram, you will claim the DH miles to and from Wishram, and the trip rate or job rate for the assignment.  If you just claim 448 miles, you will short yourself a few miles.  The same goes for working the trunk if so called.

The floor was opened for discussions.

Motion to close meeting by Brother Atwood, seconded by Brother Huelle. Motion passed.

Meeting adjourned at 1450

Here's What Happened at the Meeting on Monday, April 16, 2007 

Due to a lack of a forum, there was no meeting this month

Here's What Happened at the Meeting on Monday, May 21, 2007 

Due to several glitches, the minutes of the May meeting are not available. Bills were paid, and minutes were read. Members present are not available.

The proposed National contact was discussed at length. Due to the passing of the agreement, it is redundant to rehash what was discussed. The on property agreement was also discussed at length. Again, due to the passing of the agreement, no synopsis will be given.

The assigned car issue at Pasco was discussed at length. A proposal was suggested, then tabled. The issue of massive held away was discussed, and decided to wait until the MOW blitz was over to see if it would improve. RT Jacobs was tasked with designing a form for engineers to fill out when accruing held away. The situation will be monitored and fixes tried. It would be a final act to make a motion to amend the assigned car agreement again

The floor was opened for discussion, and there was lively discussion on several topics.

Motion was made to close the meeting, and passed.

Meeting adjourned at approx. 1550.