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Contact D.W.(Bill) Hannah
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E-Mail: blediv56@aol.com
Office Phone 909-824- 0863
Office Fax 909-825-2410
DIVISION
56
LOCAL CHAIRMAN’S NOTICE
Tie Up Rule
There
appears to be a “lack of understanding” regarding the
agreement regarding tying up for rest. “Lack of
understanding” was polite. There certainly is abuse of
the agreement.
Extra
Board Engineer can tie up for rest for eight (8) hours.
Extra
Board Engineers can tie up for rest for ten (10) hours.
Extra
Board Engineers can tie up for rest for twelve (12) hours.
Is that clear?
NOT
ODD HOURS, NOT ELEVEN (11) HOURS, NOT SO MANY HOURS
AND SO MANY MINUTES, SUCH AS 35 MINUTES. NOTHING OTHER THAN
THE 8 - 10 - 12 - LISTED ABOVE, - - - - EXPECTING THE
FOLLOWING:
Pool
Freight Engineers working back from Yuma can tie up for eighteen
(18) hours. - (deadheads do not count as working, unless
the deadhead is at the end of a service trip. Meaning
without taking rest after working.) Extra Engineer’s
assume the conditions of the assignment they work. So any
extra engineer filling a pool vacancy can tie up for the 18 hours
after working back from Yuma. No - - extra engineers cannot
tie up for 18'01", or 18'35" or 18'45" or anything
other than the 18 hours.
Stop
abusing the system so that your Brothers and Sisters will Stop
calling me and reporting the abuses. Stop abusing your
fellow engineers.
If
you see someone abusing the tie up rule call me so that I can
untie them, and I WILL UNTIE THEM, or at least change the tie up
to the proper amount of time!!!!!!!!!
This
abuse causes angry at each other, it causes everyone extra
bitterness, and I receive more phone calls complaining of the
abuse. Also, the Carrier has already dropped the 18 hour
tie up function from the pool screen because of abuse by Extra
Engineers. One good thing is coming. With the
new computer system this function should revert to the old S.P.
System which would only allow 8-10-12 hour tie ups.
Isn’t
the U.P. enough in it’s self? They are impossible to
deal with, they are ruthless and heartless, and only care about
the bottom line. They don’t give a damn about human
beings. Do we have to be like them??
For
the Committee, D.W. Hannah, Local Chairman
03/07/01
ACCURATE
REPORTING ON TIMESLIP
THIS IS A MUST READ MUST COMPLY NOTE:
PLEASE ENTER IN THE COMMENT
SECTION OF YOUR TIE UP THE FOLLOWING:
YES, EACH AND EVERY TIME SLIP.
NAME OF CONDUCTOR/FOREMAN/ENGINEER.
THIS IS ABSOLUTELY NECESSARY ON TIE UP EVERY TIME YOU
GO TO WORK ON EVERY TRIP.
IF WORKING FLAT RATE JOB, ENTER INTO
COMMENT, “FLAT RATE JOB, NO CLAIM FOR ITD/FTD.”
IF YOU ARE POST ‘86, AND WORKING
POOL FREIGHT, LOCAL FREIGHT, HELPER SERVICE, OR MADE UP SERVICE,
ENTER INTO COMMENT, “POST ‘86, NO CLAIM FOR
ITD/FTD.”
IF YOU ARE PRE ‘86 AND WORKING POOL
FREIGHT, LOCAL FREIGHT, HELPER SERVICE, OR MADE UP SERVICE, -
THIS IS A LITTLE MORE DIFFICULT TO EXPLAIN. The
overtime divisor is 16.25 Overtime starts after 9'54"
on 198 miles, or 10' on 200 plus miles, or whatever the miles are
divided by 16.25, if on a 130 mile schedule. Overtime is
paid at the high rate. ITD/FTD is paid at the low rate.
Therefore O.T. is always best to claim as long as it computers to
greater amounts than the ITD/FTD. If so, enter
in comments, “claim O.T. after 9'54" on duty, no claim
for ITD/FTD.”
In the event your ITD/FTD actually
exceeds the overtime, then make sure your times are correct.
You can stay on ITD unit a bonafide departure (per your
agreement.) The Carrier is showing you departed at the time
of your air test. (What a joke?) That’s not per
your agreement, but I don’t want to get into a shouting
match over departures. Most of you should know when you
make a bonafide departure. Make damn sure you show the
correct time!
Why is this important? Three crew
members on the same job up North were all fired by this Company
over ITD/FTD. Even though the Conductor was post ‘86
he was fired as well. The Carrier said he
“participated in fraud,” and he was also dismissed.
While the Carrier’s case is certainly weak as best, I
don’t want the same thing happening here. (The
other two received protection more than claimed for the ITD/FTD,
but the Carrier still fired them.)
Entering the names of each
Conductor/Foreman/Engineer helps me process claims. Translogs
are only good for 27 days. So I can’t research the
name of the person you worked with after 27 days. But work
histories are good for 90 days. So if you put their name on
your time slip, sometimes I can research what that person entered
and help process your claims.
FOR THE COMMITTEE,
D.W. HANNAH, LOCAL CHAIRMAN
02/21/01
Local Chairmans notice, Cutting the pools
Pool Regulation or cuts)
Many of you have called about the pools and the lay in times. Pool freight is regulated by miles, and not by hours.
Co. File E&F
188-145 Org. File E-27300
ARTICLE
8 MILEAGE REGULATION
The first
paragraph of Article 32, Section 6(d) of the BLE Western Lines
Agreement and Article 24, Section 23, of the EP&SW Agreement
provide:
"In the
regulation of passenger or other assigned service, sufficient
engineers will be assigned to keep the mileage or equivalent
thereof within the limitations of 4000 and 4800 miles for
passenger service, and 3200 and 3800 miles for other regular
service, as provided herein. If in any service, additional
assignments would reduce earnings below these limits, regulation
will be effected by requiring the regular assigned man or men to
lay off when the equivalent of 4800 miles in passenger or 3800
miles in other regular service has been reached."
The above
provision will be canceled and replaced with the following
language: "In the regulation of passenger or other
assigned service, sufficient engineers will be assigned to keep
the mileage or equivalent thereof within the limitations of 4000
and 4800 miles for passenger service, and 3600 and 4200 for other
regular service, as provided herein. If in any service,
additional assignments would reduce earnings below these limits,
regulation will be effected by requiring the regular assigned
employee to lay off when the equivalent of 4800 miles in
passenger service or 4200 miles in other regular service has been
reached."
Below is a list
of turns that have been cut. I am listing these because
some of them were taken off the list because of leaves of absence
and you might not have taken those into account.
12/04 - 10 turns
cut off RE10 Pool. (Colton to Yuma Pool).
12/04 -
8 turns cut off RE09 Pool. (L.A. Basin Pool).
12/20 -
8 turns cut off RE09 Pool. (L.A. Basin Pool).
12/22 -
4 turns cut off RE09 Pool. (L.A. Basin Pool).
(That’s 20
turns cut off the Basin Pool in 18 days! Of course this is
attributed to the adding of trains on the Long Pool out of L.A.)
I feel bad about
cutting the pools because for every turn we cut someone
else becomes unemployed.
Anyone desiring
to vacate a pool assignment and return to the extra list may do
so. Just call me and I’ll arrange it. (No Sadie
Hawkins Bumps - just the extra list!)
For the
Committee, D.W. Hannah, Chairman
12/22/00
DIVISION 56
LOCAL CHAIRMAN’S OPINION
FIRST
---- NOTICE I’VE CHANGED THIS HEADING TO “OPINION”
INSTEAD OF REPORT. I TOO AM ENTITLED TO MY OPINION AND I
WANT TO EXPRESS IT! AND I’M GOING TO EXPRESS IT.
UTU PROPOSED NATIONAL AGREEMENT
WHAT
A RAG! WHAT JUNK! HOW INSULTING! WHAT DRIBBLE!
WHAT FECES! WHAT GARBAGE.
I
BELIEVE THIS DOCUMENT WAS WRITTEN BY UNION PACIFIC LABOR
RELATIONS INSTEAD OF A UNION NATIONAL NEGOTIATING
COMMITTEE. IT SURE READS LIKE A UNION PACIFIC LABOR
RELATIONS DOCUMENT.
O.K.
FIRST: THEY AGAIN DIVIDED THE PRE AND POST BY GIVING THE
PRE’S A $1200.00 “LONGEVITY BONUS.” WAIT A
MINUTE.... I THOUGHT BOTH THE UTU AND BLE SAID THEY WERE GOING TO
FIX THE PRE AND POST ISSUES? WHAT HAPPENED?
2ND
ISSUE. MY GOD THEY CREATED ANOTHER CLASS OF HAVE NOTS - NEW
DATE 1/1/2003. SO WITH THE HUBS WE WILL HAVE THE
“HAVES,” THE “HAVE NOTS” THE HAVE NOT
NOTS,” AND AFTER 1/1/2003, WE WILL HAVE “THE HAVE NOT
NOTS NOT!” MY GOD I CAN’T BELIEVE
THIS. IS THIS A FIX TO PRE AND POST? ONLY IF YOUR ON
DRUGS.
SO
ON 4/1/2001 ALL PRE’S GET $1200.00. THE POST GET THE
BIG GREENIE WEENIE. OH BUT ON 7/1/2001 WE WILL ALL GET A
.025% PAY INCREASE. OH BOY – HOLD ME BACK!
THEN
ARTICLE II IS AN “OPTIONAL ALTERNATIVE COMPENSATION PROGRAM.”
WHICH STATES: “...A CARRIER, AT ITS
DISCRETION...” THAT’S ENOUGH SAID. NEVER
AT THE CARRIER’S DISCRETION. WE ALREADY HAVE
TOO MUCH OF THAT!
THEN
THEY CREATED A “PAY SYSTEM SIMPLIFICATION” PROVISION.
YES WE NEED THAT, BUT NOT SOMETHING WRITTEN BY THE CARRIER , AS
SO OBVIOUS IS THIS “PROPOSED AGREEMENT”. IN (C)
OF THAT PROVISION IT STATES “...AND CARRIER SHALL
NOT BE REQUIRED TO RESPOND TO ANY SUCH CLAIM.”
WHAT? NOW THE CARRIER DOESN’T EVEN HAVE TO GIVE YOU A
DENIAL ON A CLAIM? NOT PAYING OUR CURRENT CLAIMS IS BAD
ENOUGH, BUT NOW THEY CAN SIMPLY FORGET IT! YES, I CALL THAT
PAY SIMPLIFICATION. THAT’S PAY SIMPLIFICATION FOR THE
CARRIER AND THE SHAFT FOR THE RANK AND FILE!! THAT’S
YOU AND ME AND THAT’S THE LAST GREEN YOU’LL EVER SEE
UNDER THIS RAG.
“COMPUTATION
OF TRIP RATES” PROVISION. MEANING CREATING FLAT RATES.
(1) STATES: “... ADD TOGETHER ALL EARNINGS”.
NOW WE KNOW WHY THEY REFUSE PAY OUR CURRENT
CLAIMS!!!!!!!!!!!!!!! THEY WOULD HAVE TO BE CALCULATED IN
THE TRIP RATES.
O.K.
S.P. PEOPLE. WHAT U.P. COULDN’T TAKE AWAY IN THE
MERGER THEY ARE TRYING HERE. GET THIS PROVISION CALLED “ENHANCED
MANPOWER UTILIZATION.” SECTION 1 (A) STATES: “A
CARRIER MAY PROPOSE IMPLEMENTATION OF A RULE PROVIDING FOR THE AUTOMATIC
MARK UPOF EMPLOYEES FOR SERVICE AFTER THE EXPIRATION OF ANY
PERIOD OF AUTHORIZED OR APPROVED TIME OFF...” -------------
NOT --------NOT ----------- NOT -------------- NOT -----------
NOT.
THEN
IN SIDE LETTER 1, THE ORGANIZATION (UTU) AGREES TO LET “INNOVATION
AND TECHNOLOGIC” TAKE YOUR JOBS. SO
THE UTU PREVIOUSLY SOLD THE REAR BRAKEMAN, THEY PREVIOUSLY SOLD
THE HEAD BRAKEMAN, NOW THEY ARE TRYING TO SELL THE CONDUCTOR OR
ENGINEER. I’M NOT SURE WHICH, MAYBE BOTH. QUESTION?
WHERE IN THE HELL ARE THE UNION DUES GOING TO COME FROM TO PAY
THESE PEOPLE THEIR OUTRAGEOUS SALARIES IF WE ARE ALL GONE?
LET’S
SELL THEIR JOBS INSTEAD. THAT’S A GOOD IDEA.
SIDE
LETTER TWO SAYS THAT NOTES TAKEN IN NEGOTIATIONS CAN’T EVEN
BE REFERRED TO SHOULD DISPUTES ARISE. WHAT’S THIS,
MORE TOP SECRET MATERIALS KEPT FROM THE RANK AND FILE? TOP
SECRET AS IN THE OLD MERGE MEETING BETWEEN THE BLE AND UTU.
NOTES TAKEN AT MEETINGS ARE VERY IMPORTANT. I CAN’T
UNDERSTAND THIS SIDE LETTER? DISPUTES ALWAYS ARISE IN
A NEW NATIONAL AGREEMENT. BUT THEN AGAIN THEY COVERED THAT
BY CREATING A NATIONAL DISPUTES COMMITTEE. OH THAT
GOOD’S... MORE U.P. LABOR RELATIONS SHOVED DOWN OUR THROATS
IN THE “DISPUTE COMMITTEES.” THIS DOCUMENT IS SO
U.P. WE KNOW WHAT THE “DISPUTES COMMITTEE” WILL CONSIST
OF..... MORE U.P.
THIS
RAG SOUNDS SO PRO CARRIER IT’S BEYOND COMPREHENSION BY THIS
POOR LITTLE OLE COUNTRY BOY FROM MISSISSIPPI. THIS DOCUMENT
IS ALL PRO CARRIER AND HAS NOTHING IN IT FOR US – THE
WORKING FOLK. IT’S VERY ANTI - LABOR. SAD.
SAD, INDEED!
I
KNOW THE HISTORY OF CONTRACTS ON THIS PROPERTY. (REMEMBER I
SAID THAT. I’LL REMIND YOU LATER.) I’M
WRITING BLE PRESIDENT ED DUBROSKI AND TELLING HIM NOT
TO SEND ME A PARALLEL “PROPOSED” AGREEMENT SUCH AS THIS
UTU RAG. I SUGGEST YOU DO THE SAME. ED
PROMISED A “FIX” TO PRE AND POST. HE STATED PRE
AND POST WAS THE #1 BLE ISSUE THAT HAD TO BE RESOLVED. LET’S
HOLD HIM TO HIS WORD. WE MIGHT BE ABLE TO GET HIS
ATTENTION. HE’S UP FOR RE-ELECTION IN SEPTEMBER
OF 2001. YES, INDEED. I THINK WE MIGHT BE ABLE TO GET
HIS ATTENTION.
AND
I LOOK FORWARD TO A LARGE TURN OUT AT THE 10/18/2000 UNION
MEETING.
MY
OPINION, MY FIRST AMENDMENT RIGHT OF FREE SPEECH. SO STATED
BECAUSE SOME PEOPLE ARE NOT GOING TO LIKE THIS.
D.W.
Hannah, Chairman
(We tried to tell them)
The so called Super Pool (Los Angeles to
Yuma) will have turns cut and turns added to the
West Colton to Yuma Pool( East Pool) and the West Colton to Long
Beach (West Colton Basin Pool).
The Company admitted only 20% of the turns were making the LA to
Yuma run in under 12 hours.
The BLE believes these numbers of 20% are inflated greatly, we
beleive it is more like 3%. The changes were made in an attempt
to have more crews available rather than sitting on trains that
will not make it over the road. DUH!
DIVISION
56
LOCAL CHAIRMAN’S NOTICE
MONEY
MONEY
This is difficult to try to explain, and very difficult
to handle without your support. I see many of you extra
board and pool engineers leaving “money” on the table
by NOT claiming things to which you are legitimately entitled.
The Carrier is calling you off the extra board and
placing you on a WE10 board and NOT paying the flat rate. We
dispute their position and I’m appealing the claims you
submit to me. But in most cases you could make more than
the flat rate. Many many many times you can make more
than the flat rate.
When you are called for a job on the WE10 board, and NOT
paid the “all inclusive” flat rate the Carrier loses
it’s ability to do with you as they please. The
collective bargaining agreement, under Section 3(b) of Article 6,
states how you can be called and so used. So it MAKES a BIG
difference as to what you are told at the time called. Yes
the Carrier can change your call, but only up to the time BEFORE
you perform service. And you must be advised at the time
called about your service.
There is NO easy way to explain all of this. DOCUMENTATION,
DOCUMENTATION, DOCUMENTATION. You need to document the
information and call me and give me the FACTS, and I’ll
advise you what to claim.
The last two days I have received several telephone
calls from engineers working on the extra board, called on WE10
positions, who handled multiple trains. The Carrier thinks
their “cute” by doing so, but I can assure you that one
day they’ll have to PAY UP. These calls were NOT even
for STFS, even if they had been they were outside the provisions
of the STFS rule. So in each case the engineer would begin
a new day of 130 miles.
This Carrier is totally out of control. They have
NO respect for your collective bargaining agreement, and they
simply want the best of both worlds. They want the flat
rate when it benefits them, and then they want the 130 mile basic
day when it doesn’t, yet they still want to abuse the
provisions of the 130 mile day. No neutral will support
BOTH ways.
If you are called west of Colton on the WE10 Board and
make a simple start out of a terminal and return to that terminal
that should be flat rated. But they are refusing to pay the
claims. So as an example, if you are called on duty at
Dolores and work to C of I, and return to Dolores you are all
done. YOU CANNOT COMMENCE ANOTHER START, WITHOUT BEING PAID
AT LEAST A NEW DAY. If you are called on duty at any
terminal, and work out of and back into that terminal, and depart
again after 8 hours on duty, you commence a new day. Today
I received a call from an engineer who was called on duty at
CX809 XE10, put on the WE10 for the QRVCI, deadheaded to Main
Street, worked the train back to C of I. In this instant
case this engineer had completed his day. Yet he put
together another train, departed C of I, and took that train to
Spadra. Not without additionally money. (If paid
under the flat rate, and he wasn’t, he would not be entitled
to additional money.) But since he was only called for the
QRVCI any subsequent work requires subsequent payments. And
there’s a big difference in whether he’s pre or post
86.
Under both the WE10, and flat rated jobs, penalty
payments still apply. Changing opposing trains between
terminals, performing yard service where yard crews are employed,
(any work NOT in connection with your own train), hostling
service, lap backs and helper service are all valid claims. (Yes
deadhead lap backs are valid, even though the Carrier wants to
dispute the issue. But what don’t they dispute?)
But the big issue here is the musical trains where this
Division believes you can do anything on a WE10 call for 12 hours
and only get paid 8 hours and 4 hours overtime. They are
(or will be) SADLY mistaken. You can NOT perform musical
train service on the WE10 call without additional compensation,
PERIOD.
(I also see pool freight engineers called for one train,
who work another train first into the yard, then take their train
to destination. There’s big money there to claim.)
The Colton Yardmaster are taking the SP760 RE09, and RE10 Pools
and having them do dog catching and yard work that’s not in
connection with the train to which they were called. This
work belongs to yard service and the extra list. In
addition to the claim for the pool engineer a parallel claim
should be submitted for the individual standing for service.
Look at this long pool story. On duty L.A., worked
to Colton. Tied the train down. Deadhead to Hinda,
patched a Westbound, worked that train to South Fontana, deadhead
back to Colton, worked another train Colton to L.A. There’s
a lot of money here people. This type of thing is bull
crap.
Colton West Pool story. On duty Colton to work to
Long Beach. First deadheaded to Pomona to patch a local and
work that to Colton. This trip completed the
engineer’s date by agreement. But he was then sent to
Long Beach on the train which originally called. This
action would also create a run around for the entire rested Basin
Pool, and should generate a claim for the extra engineer standing
for the patch service.
Long Beach (Basin Pool). On duty Long Beach,
worked to Colton. This completes the day. But sent
back out again, to patch and return to Colton. Again this
runs around the entire rested Basin Colton Pool, and generates a
claim for the extra engineer standing for the patch service.
Colton to Yuma Pool. Called on duty Colton,
deadhead to Mira Loma for autos. Got the train together,
departed, tied it down en route, deadheaded to Loma Linda to work
another auto train back to Mira Loma, put that train away, and
then worked to Yuma. This type of story is pure B.S. and
must be stopped, and it can’t be done unless you report it
to me.
This Division is out of control and is going to continue
to deteriorate. I am buried in claims, but I’ll work
out of it. We have a meeting scheduled later this month
with Labor Relations over claims, so keep submitted your claims.
Yes you may be angry that your claims are denied but some day you
might just experience a big fat pay day, too!
I too am human and get tired. I don’t really
appreciate telephone calls at home at 1 or 2 am regarding a
claim. As a matter of fact I get a little pissed off.
And I get tired, too. But if you can put up with a little
of my personal frustration and temperament, call me at the office
during the day and I’ll do my best to help you with these
claims.
You can use the money much more than the Union Pacific.
* * * *
Following is
Section 6(b) of Article 6 from the 1982 SPWL Agreement.
(b) Engineers in
pool or irregular freight service may be called to make short
trips and turnarounds with the understanding that one or more
turnaround trips may be started out of the same terminal and paid
actual miles with a minimum of 100 miles for a day, provided, (1)
that the mileage of all the trips does not exceed 100 miles, (2)
that the distance run from the terminal to the turning point does
not exceed 25 miles, and (3) that engineers shall not be required
to begin work on a succeeding trip out of the initial terminal
after having been on duty eight consecutive hours, except as a
new day, subject to the first-in first-out rule or practice.
(This does not apply to engineers in pusher and helper service,
mine runs, work trains, wreck trains.)
The number of trips need not be specified when engineers are
called, but the call should specify short turnaround service.
An engineer after completing each trip in short turnaround
service shall be placed at the foot of the list and permitted to
work his way toward first out position, but may, if needed for
another short turnaround trip within eight hours from time
ordered to report for duty on first trip, be run around other
engineers without runaround penalty.
If engineer placed at foot of list reaches first out position
prior to expiration of eight hours from time first ordered to
report for short turnaround service and can be used on another
short turnaround trip before the expiration of the first eight
hours, it will be optional with the Company to call him for
other service or hold him for short turnaround service.
For the Committee, D.W. Hannah, Local Chairman
04/14/00
Regular assigned engineers taking emergency work should do so at your own peril.
Timekeeping is looking for any reason to deny anything, including very valid claims, such as working off assignment.
Here’s an example. Road switcher Engineer
regularly assigned to 4:30 pm job. Takes a call for a 9:00 am job
and ties up at 3:30 pm. He properly claimed the 9:00 am job and
the earnings of his regular job. Timekeeping’s position is
that there is "NO LOSS OF EARNINGS" therefore they will
NOT pay him his regular job.
Certainly I will appeal the claims to Labor Relations. That
process takes 2 or 3 years. And U.P. Labor Relations likes to
reargue everything even if they have previously lost the argument
in arbitration. U.P. feels that sooner are later they will get a
"friendly" neutral that will give them what they want.
Remember this when the phone rings from CMS!
For the Committee, D.W. Hannah, Chairman 07/16/99
Local Chairman’s Notice
Los Angeles Extra Engineers filling Colton vacancies
Timekeeping will NOT allow Los Angeles Extra Board Engineers any additional compensation for filling Colton vacancies.
Herein I refer you to issue 11 of Award 458, (this deals with deadheading to yard service). Also, reference E&F 1-2248 (the road switcher agreement) that states payments for said service are "all inclusive."
Southern Pacific used to allow mileage and deadhead time for these jobs in addition to regular earnings. Union Pacific will NOT.
The Federal Railroad Administration requires that extra boards only have one reporting point, per extra board. Obviously Los Angeles’ reporting point is Taylor Yard. When called for service at West Colton, (off the Los Angeles Extra List), you should comply with the Federal Law and report for service in Los Angeles and request a carryall to what ever outside point you have been called to report to. And after completion of service you are entitled to another carryall back to your original on duty point of Taylor Yard. (Why spend your own money for gas and wear and tear on your car and volunteer your time to make U.P. richer?)
If you drive yourself to Colton you will NOT be paid for doing so and you will save the Union Pacific the cost of two carryalls; one to get you to your Colton job, and the other to take you back to your own duty point at Taylor.
Remember this when the phone rings from CMS!
P.S. I want to say that additional deadhead miles would be allowed for mileage jobs such as the helpers, east pool, and non flat rated local freights. I want to say that. But with timekeeping’s current denial rates I can’t guarantee that you will be paid those additional miles either!
For the Committee, D.W. Hannah, Local Chairman 07/16/99
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