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BLET Division-56
404 N. 7th St Colton, CA 92324
(909) 514-0274 Fax (909) 514-0314

Brotherhood of Locomotive Engineers
and Trainmen
Union Pacific Railroad - Western Lines -
service unit
Next Meeting:
June 10 2009
9:00 A.M.
agreements go to
www.bletupwl.org
Documentation, Documentation, Documentation. Don't tell a story, write one.
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Letter about Shortage Clerk - President page
May minutes see- Secretary Treasury -page
401 changes - President page.
Most frequently used phone numbers regarding your paycheck. Links
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Drink Wheel Local Chairman page
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TWIC Card, Yes you must get your
card
Don't shoot the messenger.
From Brother Richards Rule 5.8.1 & 5.8.2Ringing the Engine's Bell
Recent changes to Rule 5.8.1 and 5.8.2 give additional warning to anyone near the track. Ring the engine bell under any of the following conditions:
The whistle may be used at any time as a warning, regardless of any whistle prohibitions. When approaching areas where it is known employees are working on a track adjacent to a main track or siding, sound warning 5.8.2 (1). When other employees are working in the immediate area, sound the required whistle signal before moving. Other forms of communications may be used in place of whistle signals, except signals (1), (7) and (8). See following chart. The required whistle signals are illustrated by "o" for short sounds and "-" for longer sounds.
TWIC Card
Anyone currently assigned
and/or called for a BASIN TURN, should upon arrival at
Long Beach, request a RIDE to the Queen Mary to apply
for and/or pick up their TWIC card. The Carrier has
agreed to provide transportation in order for you to
obtain your TWIC card. Please make every effort to do so
at your earliest opportunity.
LONG BEACH/TERMINIAL ISLAND TWIC
ACTIVATION CENTER
1126 QUEENS HIGHWAY
LONG BEACH, CA 90802-6331
M - F: 08:00 AM TO 07:00 PM
The Activation Center is
located in a blue, single-story building in front of the
Queen Mary ship.
Pool Trades Verbiage and questions for requesting pool swaps. By agreement trades can only be made with vacation vacancies, with each other and turns NOT being held. All parties must be rested. Use the format below when calling in a pool trade.
Name_____________ , (rest status) Y / N would like to make a pool trade. I'm in turn #________X times out on the SP760 re09, re10, re13, re15 I follow turn # _____ Trade with Engr (name)_____________Turn#_____ X times 0ut____ Follow turn #________ Status__________ _______________________________________________________________________
Prior Rights CO398/AE10 - NO CHANGES NEEDED.
Unlimited pool swaps for the following pools: Engineers at West Colton, (SP760) on the RE09, RE10, RE13 and RE15, excluding the SP760/RE11 (West Colton to Yermo) which I have NO jurisdiction, can swap turns.
Effective
immediately. Division 56, was able to obtain an agreement, at our
members request which allows Engineers to make UNLIMITED POOL
TRADES/SWAPS as shown below. The BLE Local Chairman, must call Crew
Services an request that the turns be swapped, notifying them of each
turn number the swappers will follow.
LR Law, BLET Division-56 TPA People: same rules as before for trading down, you will get treated.
Railroad
Retirement Tier I and II Earnings Limits Increase
Reserve Board
I will try to explain the Engineers Reserve Board agreement, WESTERN LINES, (1991 Local Agreement, Former Southern Pacific Eastern Lines, Article 3), pasted below. Section 11 (a) (2) - Reserve boards will be established at the following locations: Los Angeles, Colton, etc.. Note: These boards will be established although the needs of service at a source of supply may preclude engineers from being assigned. preclude Verb[-cluding, -cluded] Formal to make impossible to happen [Latin prae before + claudere to close] In other words Engineers at other locations will not be entitled to bid from one source of supply to a Reserve Board at another source of supply. (At the time of merger a Reserve Board was established at (CX809) the agreed upon ONE TIME generic location and was available to everyone on the service unit) Section 11 (a) (4) - If any of the extra board locations listed in (a) above are eliminated as an extra board location for any reason, the reserve board positions at the eliminated extra board location will be relocated to the new extra board location. Reserve board positions shall be awarded based on the applicant's relative seniority at the source of supply. In other words Engineers at other locations will not be entitled to bid from one source of supply to a Reserve Board at another source of supply. Section 11 (c) (2) - Commencing three months after the date of the initial reserve board assignments and each three months thereafter, if reserve board positions are available the will be advertised for seniority choice at each extra board location.
Q AND A (Side Letter No. 1) Q. May an engineer bid to a reserve board at another location from his source of supply? A. NO. In order to be eligible for assignment to a reserve board, and engineer must be identified with an assignment (regular or extra) at the reserve board location or within the area protected by the extra board at the reserve board location prior to the time bulletin is issued advertising reserve board positions. In other words Engineers at other locations will not be entitled to bid from one source of supply to a Reserve Board at another source of supply. Note: The requirement to bulletin such jobs has been replaced by the May 13, 2004 Engineer Compensation and Utilization agreement - Article VII - APPLICATION (STANDING BID)SYSTEM. In other words Engineers must have an application on file at the same source of supply to be PICKED_UP on a Reserve Board. SEE & READ AGREEMENTS BELOW Note: The Carrier's position is that NO other source of supply on the Los Angeles Service Unit is and/or has qualified for a Reserve Board, example CX809. Trainmen have been FURGOLADED, however, NO Engineers have been cut-back into train service at any other source of supply, except SP760. Fraternally,Larry
R. Law
cc: D. W. Hannah
SEE RESERVE BOARD
AGREEMENT BELOW
Engineer Reserve Boards (Western Lines) (1991 Local Agreement, Former Southern Pacific Western Lines, Article 3)
SECTION 11.
(a)
(1) The Company will establish reserve boards for
engineers on
11. (a) (2) Reserve boards will be established at the following extra board locations: Portland; Eugene; Albany; Klamath Falls; Roseburg; Dunsmuir; Roseville; Sparks; Ogden; Oakland; San Francisco; San Jose; Salinas; Watsonville; San Luis Obispo; Tracy; Fresno; Bakersfield; Los Angeles; Colton; Yuma; Phoenix; Tucson; El Paso and Tucumcari. These boards will be established although the needs of service at a source of supply may preclude engineers from being assigned.
11. (a) (3) Applications will be accepted based upon the needs of service at each extra board location.
11. (a) (4) If any of the extra board locations listed in (b) above are eliminated as an extra board location for any reason, the reserve board positions at the eliminated extra board location will be relocated to the new extra board location. Reserve board positions shall be awarded based on the applicants' relative seniority at the source of supply.
11. (b) (1) Engineers on reserve boards will receive $1,750.00 per semi‑monthly pay period. Periods of less than a month will be prorated at the rate of $116.67 for each calendar day in reserve status.
11. (b) (2) No other compensation will be paid to or on behalf of an engineer in reserve status, except for payment of premiums under applicable health and welfare plans (including Side Letter 4 of agreement dated June 28, 1991 and/or compensation payable to them under Article 7 of agreement dated June 28, 1991. Deductions from reserve pay will be made for income, employment or payroll taxes (including Railroad Retirement Taxes), pursuant to federal, state and local law, deductions of dues pursuant to an applicable union shop agreement, and any other deductions authorized by agreement or legally required deductions.
11. (b) (3) Reserve pay will be subject to any future wage and/or cost‑of‑living adjustments provided for in agreements reached between the parties, either locally or nationally, except that only 70% of any such adjustment will apply to reserve pay.
11. (b) (4) Other non‑railroad employment while in reserve status is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.
11. (b) (5) Any monies received from settlements of disputed grievances or back pay/lump sum allowances resulting from concerted wage and rule movements do not offset reserve board payments, nor shall any reserve board payments be used in determining any amount due as a result of settlement of concerted wage and rule movements.
11. (c) (1) An engineer assigned to reserve status must remain thereon for at least three months, or until:
(i) discharged from employment by the Company in accordance with applicable discipline rules; (ii) resigns from the Company's employment; (iii) recalled to active service; (iv) retires on a disability annuity.
11. (c) (2) Commencing three months after the date of the initial reserve board assignments and each three months thereafter, if reserve board positions are available they will be advertised for seniority choice at each extra board location.
Q AND A (Side Letter No. 1)
Q. May an engineer bid to a reserve board at another location from his source of supply?
A. No. In order to be eligible for assignment to a reserve board, an engineer must be identified with an assignment (regular or extra) at the reserve board location or within the area protected by the extra board at the reserve board location prior to the time bulletin is issued advertising reserve board positions.
11. (c) (3) The BLE Local Chairman shall be permitted first right to a position on a reserve board established hereunder, subject to written approval of the appropriate BLE Division President.
11. (c) (4) Runs held by engineers taking reserve status will be bulletined as provided for in Section 10(a) of Article 32.
11. (d) (1) An engineer in reserve status must be available for return to service upon 30 days' written notice by Certified Mail, with restricted delivery to addressee only and a copy to the Local Chairman. Reserve pay will continue for only seven (7) days after postmark and the employee must return to service within thirty (30) days of attempted delivery. Failure to comply with any of these requirements will result in forfeiture of all seniority rights subject to the provisions of Article 32, Section 21 of the engineers' agreement, or appropriate EP&SW Discipline Rule, including the Pacific Electric Discipline Rule.
11. (d) (2) The recall of an engineer from reserve status will be in reverse order of seniority and based solely on the need for service at the extra board location from which he accepted reserve status. Upon recall, such engineer will be allowed a full right of displacement. Once an engineer has reported for service, that engineer's use will be governed by the collective bargaining agreement.
11. (d) (3) An engineer in reserve status must maintain his work proficiencies, including successfully completing any retraining or refresher programs the Company may require and passing any tests or examinations (includeing physical examinations) administered for purposes of determining whether such proficiencies have been maintained. Such tests and examinations will be consistent in context with those administered to active employees. The Company will give a reserve engineer 30 days' advance written notice by Certified Mail, Return Receipt Requested, of refresher programs, rules classes, or examinations the engineer is required to attend to maintain such work proficiencies. Unless so stated, such notice should not be construed to be a return to duty notice.
11. (d) (4) Reserve engineers shall be considered in active service.
11. (e) Vacation pay received while on a reserve board status will offset pay received under Section 2(a). Time spent in reserve status will not count toward determining whether the employee is eligible for vacation in succeeding years. It will count as time in determining the length of the vacation to which an employee, otherwise eligible, is entitled.
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Effective Oct. 1, Union Pacific will expand company drug tests to include five additional categories of drugs.
"Federal Railroad Administration and Union Pacific research shows an increase in the use of a number of drugs that UP has not been testing. Although federal law does not yet require testing for these additional drugs, Union Pacific has the authority to exceed minimum requirements to ensure safety," said Bob Grimaila, senior assistant vice president-safety and environment.
"Expanding the drug tests, along with our well supported Employee Assistance and RedBlock programs, will help ensure that we maintain the safest possible work environment for our employees."
Drugs covered under the current tests are:
The new drugs that will be added to the current tests are:
Union Pacific’s Drug and Alcohol Policy does not prohibit the use of a controlled substance prescribed or authorized by a medical practitioner who has determined (based on the employee's medical condition and assigned duties) that the authorized dosage level is consistent with the safe performance of the employee's duties. The railroad requires employees to have a written copy of their treating medical practitioner’s evaluation/determination available upon request of their manager or the Medical Review Officer (MRO). Any use of another person’s prescribed medicine is prohibited.
For help with a drug problem, contact the National Employee Assistance Help Line at 1-800-779-1212.
For questions about UP’s drug and alcohol testing policy, contact Penny Lyons, manager-regulatory compliance, at 1-402-544-5961. Information on UP's Drug and Alcohol Program also is available on the Employees site.
6/l4/06
Claims:
When your claim
is denied call the shortage clerk. Tell the shortage clerk you want a declination or
approval sent to your local chairman in the form of a
"heat ticket"..
Your local chairman needs a copy of your pay stub that part showing trips, amount paid and
your denial (all portions other than first page that show your gross). Local chairman also
needs, dates, times, turn, pool, and supportive information such as a
snap shot for your
claims. It is your job
to supply this information.
With the increase amount of claims this office has received we have noticed a decrease
in supportive information. In simple terms we are getting lazy.
Ray Carver
President, BLET Division-56
CMTS Help Line
1-800 621-8953
Values hot line
The value hot line phone number is:
800-998-2000
E-Payroll
Do not participate!
This is worth a lot of money to the Union Pacific. It saves them printing, mailing,
postage, handing and employees to get it done and the cost of paper, paper, paper. If they
want this E-pay, make them Pay at the bargaining table. For you nonbelieivers remember the
basin agreement, 18 hour tie-ups on the re-10 pool and overtime after 12 for the new
employees. They all came at the bargaining table. Give them nothing for FREE.
Ray Carver
President, BLET Division-56
May 15, 2005
Division 56 is out of the (FMLA)
Family Medical Leave of Absence business.
From this point forward FMLA is between you, your doctor and the carrier.
If you feel that the carrier is not living up to the FMLA Federal Law you need to call
the Department of Labor.
FMLA is not a collective bargaining issue. The phone number for the Department of Labor
is:
1 (866) 487-2365
Once you receive your FMLA from your doctor, if you wish you may fax it to this office
and we will fax it to the carrier. This way we will have a time dated receipt for the
office.
The Division is in the process of taking volunteers for a committee you can call for help
with FMLA procedures.
If interested please call the office.
For the Committee,
Ray Carver
President, BLET Division-56
What to do when injured on the job.
This new program was established at our last Union Meeting and will
be a work in progress. This committee is co-chaired by Joanne Sebelius and Dan Holmes.
What would your spouse do if you were injured at work? Who would they call, what
insurances cover you? how many days do you have to make a claim to railroad retirement?,
how long until railroad retirement mails a check?
If you have any questions or suggestions for this committee e-mail them to:
webmaster@blet56.org
Here are a few things you need to do as the injured party:
Note any defects in equipment or work area; photograph if possible.
Note names of all possible witnesses.
Fill out accident report for the company; keep a copy.
Do not give any written or recorded statements.
Contact your local chairman or union legal council.
Give your doctor a complete history of how your injury happened.
Ray Carver
Welcome to Division 56
Your Secretary-Treasurer is Rod
Fry. This job is very important and many times Rods effort goes
un-noticed. He handles the Division 56 finances and keeps the members advised of the
divisions finances. He keeps all records from all meetings. Rod handles
union dues and in this Division he sells job insurance. If you dont have any
job insurance you need to check into it. Rods e-mail address is frod55@aol.com The way we know Rod is doing his job
is that he complains any time we spend any money.
Your Legislative Representative is KA (Kent) Richards. He works for more healthful and sanitary conditions on the locomotives. He helps educate members on their political rights, supports legislation that benefits, and opposes legislation that will injure the people we represent. Kents's email address is ble56lr@aol.com
Your Local Chairman is L.R.
(Larry) Law. His duties are to handle claims, grievances and appeals. If you get
in trouble, Larry will represent you in your investigation. With regard to claims,
your Local Chairman handles pay shortages. We understand that money is the reason
most of us are here. Larry is so busy with claims, we ask that you make an appointment so
Larry can give you his full attention. Remember claims have a 60-day period to be
answered after the company denies them. Larry's e-mail address is ERanger@aol.com
On a personal note I would
like to remind you of a few things. Firstly, I would like to remind you that things
take time, they dont happen overnight. For example, the Air Conditioner
Project; it has taken us five years to get to this point. Secondly, our
Local Chairman is very accessible and there is no need to page/call him in the middle of
the night for small things, such as a crew dispatcher yelling at you or giving you a wrong
call, or a pay shortage. If you get in big trouble, an accident, or being
pulled out of service go ahead and make that page/call. Thats what were
here for.
In most cases union meetings
are the second Wednesday of the month. Im proud to say that Division 56 is
very involved and has good turn-outs. The meetings are held at our office in
the rear of 404 north 7th St. Colton California.
Hope to see you there.
Ray Carver
webmaster@blet56.org
President,
Division 56
Old and still useful
68 minutes to do your job, are you doing it?
Mr. M.L. Irvine, General
Superintendent
Los Angeles Service Unit
Union Pacific Railroad
19100 S lover Avenue
Bloomington, CA 92316
Dear Sir:
Please refer to your
Superintendent's Notice Number 81, dated March 8, 1999, and my Lotus Note to you about the
same Notice dated March 10, 1999.
The language in Notice 81
creates an oxymoron of "damned if we do and damned if we don't." It simply is
impossible to comply with the General Code of Operating Rules, and with Los Angeles
Superintendent's Notice Number 81. They contradict one another.
Helper Engineers, or any
engineer for that matter, assuming duty on the Los Angeles Service Unit are required to
comply with General Code of Operating Rule 1.3; Rule 1.3.2 (using =ON function); Rule 3.0;
Rule 3.3; Rule 15.0; and Rule 15. 1. They are also required to comply with System Special
Instructions ITEM 1; ITEM 10-A, 15.15; ITEM 14; ITEM 17; and ITEM 18.
Rule 1.3 Rules
Rule 1.3.1 Rules,
Regulations, and Instructions
Rule 1.3.2 General Orders
Rule 3.0 Standard Time
Rule 3.3 Time Comparison
Rule 15.0 TRACK BULLETIN
RULES
Rule 15.1 Track Bulletin
System Special Instructions
Effective 000 1 Sunday,
October 25, 1998
Item 1. TIME COMPARISON
Item 10-A. Operating Rules
Chapters I to 20
Item 15.15 Mechanical
Transmission of Track Bulletins
Item 14. OPERATING WITH
FOREIGN RAILROADS
ITEM 17. JOB BRIEFING ITEM
18. ACCESSING GENERAL ORDER AND SUPERINTENDENT BULLETINS ELECTRONIC FILES
Under Rule 1.3.2. - General
Orders - "before beginning each day's work or trip, trainmen, enginemen, and others
must review general orders that apply to the territory they will work." Using the =ON
function or command each operating employee must check each day the "System Special
Instructions" for the latest "System General Orders" and make sure that
they understand their applicable meaning and understand the rule change by cross
referencing the Safety Rules, General Code of Operating Rules, Timetable/Special
Instructions.
Following is a break down in
time: Checking "System Special Instructions" (General Orders) Time - 03 minutes
to look and 10 minutes for each change. Minimal time without any changes 03 minutes. (This
does NOT include checking Metro Link, PHL or BNSF as required by Item 14 of System Special
Instructions).
Checking "Subdivision
General Orders" Time - 03 minutes to look at each subdivision (13 subdivisions) &
10 minutes for each change. Minimal time without any changes 39 minutes.
Checking "Superintendent
Bulletins" Time - 03 minutes to look and 10 minutes for each change Minimal time
without any-changes 03 minutes. (Note: This does not take into account working with a new
employee and ensuring that they are familiar with their duties and/or knowledge of the
rules. Nor does it take into account how long it will take to instruct them, when
necessary. See Rule 1.47[c].)
And we have the dubious honor
of having to work under TWO different
Superintendent which requires
us to comply with Los Angeles and Tucson
Superintendent Bulletins,
which also takes more preparatory time.
Checking "Time"
Time - 02 minutes just to check Minimal time 02 minutes and up to 04 minutes if you need
to set your watch.
Check "Track
Bulletins"
Minimal time - 15 minutes
just to check and understand. (Note 25 to 30 Track Bulletins a day on Service Unit).
Misc: Checking Locomotives
(Li/UP3206) Minimal time - 03 minutes to type and print a list of a 4 unit consist.
Calling "Train
Dispatcher" - For information. Minimal time - 03 minutes to dial and talk to
dispatcher - IF THEY ANSWER IMMEDIATELY. AND THAT'S A JOKE!
These figure total SIXTY
EIGHT (68) minutes if you don't have any changes to the above; if the engineer happens to
be a computer expert; IF THERE IS A COMPUTER AVAILABLE, and if all the dominoes fall in
place and in order.
In Superintendent's Notice 81
you state in pertinent part as follows: "Crew members are not to do =PE. " I
consider this a unilateral violation of our collective bargaining agreement, established
past practice on the property, and commitments made to us by senior management regarding
the Carrier electronic timekeeping process, and I have immediately appealed your actions
to the General Committee for assistance.
So to sum it up - when a
Helper Engineer assumes duty on the Los Angeles Service Unit - THEY'RE FIRED! If they
comply with the General Code of Operating Rules they cannot comply with Los Angeles
Superintendent's Notice 8 1. If they comply with Los Angeles Superintendent's Notice 8 1,
they cannot comply with the General Code of Operating Rules.
If you cut off a few more
clerks, who used to do the majority of the work listed herein, I believe you can get
engineers up to 3 or 4 hours a day of clerical time. That should really help expedite your
freight trains.
I have previously echoed
these complaints to you in multiple meetings that you and I have had since October 1998
when the Carrier initiated tile new =ON process. You promised to have the Road Foremen
"roll the boards" so that the crews could be educated as to the process. That
has NOT happened, and crews still don't know how to use the system. I think your terminal
staff also needs to attend class or have their "boards rolled" so that they can
see what is required of a crew when they assume duty.
Respectfully I call you
attention to Section 6, of Article 25 of the current agreement covering engineers.
For the committee
D.W. Hannah,
Local Chairman
cc: R.D. Carver
E.L. Pruitt