FMLA Lawsuit

From: Gil Gore [mailto:thegores1@cox.net] Sent: Monday, January 16, 2006 7:23 PM To: All Local Chairmen BLET UP Southern Region GCA Subject: FW: FMLA Lawsuit Brothers, I have sent the attached communication to John Marchant via overnight delivery (Click here to view in PDF) regarding the FMLA lawsuit filed by BLET and various other unions. Please advise everyone who is having compensated days deducted from them to claim time as outlined below for each compensated day that they lose. I will advise you regarding the response received. Fraternally, Gil Gore From: Gil Gore [mailto:gilgore@bletsr.org] Sent: Friday, January 13, 2006 1:28 PM To: All Local Chairmen BLET Southern Region Subject: 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