Overtime Offset Refund Payment Listing

From: Gil Gore [mailto:thegores1@cox.net] Sent: Thursday, January 19, 2006 8:40 PM To: All Local Chairmen BLET UP Southern Region GCA

Subject: FW: Overtime Offset Refund Listing

Brothers,

Attached is the amount paid in overtime offsets to our members (Click Here to view in PDF). Those members covered by NYD protection had their OT offset payment applied to any TPA collected.

The offsets of less than 6 minutes were supposed to be refunded in their entirety on dates that overtime was earned. Offsets of over 6 minutes should have resulted in the offset being cut in half. IE - if a pool was offset 26 minutes that offset should have been reduced to 13 minutes and a payment of an additional 13 minutes of overtime should have been made on dates that overtime was earned in the pool. I have attached my message of 08-25-05 on this matter that listed the pools and offset changes to the same for your ready reference.

Per the attached message of 11-16-05 (Click Here to view in PDA) our members should have seen these payments show up on their recap sheets as an arbitrary code Z# and if they had a deduction due to previously paid TPA it should have shown up as a Z$ code.

If you have any questions or have been notified of any shortages, please get back with me.

Fraternally,

Gil Gore

-----Original Message----- From: MDSTOM@up.com [mailto:MDSTOM@up.com] Sent: Thursday, January 19, 2006 11:15 AM To: gilgore@bletsr.org Cc: TGTAGGAR@up.com; OPSMGR@UP.COM Subject: Overtime Offset Refund Listing

Gil and Gary, as promised, please find attached a listing by individual of

total trip rate overtime refunded, total protection used as an offset and

the net amount issued to their check during November 2005. If you have any

questions, please feel free to email me or call me on 402-997-2002. Thanks.

(See attached file: GC28_GILBERT_L_GORE.pdf)

FMLA Lawsuit

Brothers,

I have been verbally advised by Union Pacific that their attorneys are considering appealing the FMLA decision rendered by the United States District Court Northern District of Illinois, Eastern Division. (Case No. 03 C 9419 and consolidated Case No 04 C 163). We have also been advised that UP intends to continue enforcement of their policy until that appeals process is complete. I am circulating a letter now internally that will go to Marchant on this issue the first part of next week. The same will be provided to you when it has been determined that my language will cause no problems with handling of our court case.

In the meantime, I suggest that all members who are forced to take compensated leave when laid off Family Medical Leave, should submit a claim for each day compensation is forced on them using the following language:

This claim for a basic day is being processed without prejudice to the organization’s 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 that 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 Rail Way Labor Act.

I will work on a claim code over the weekend and get the same out to you for handling the claims via our online claims process.

I will also keep you apprised of further development in this case.

Fraternally,

Gil Gore