Posts
From: gilgore1@gmail.com [mailto:gilgore1@gmail.com]
Sent: Saturday, October 14, 2006 4:17 PM
To: All BLET UP Southern Region Local Chairmen
Subject:
Brothers,
Attached you will find a copy of the proposed settlement of the Enhanced Customer Service Notice served pursuant to Article IX of the 1996 BLET National Agreement regarding servicing the new Toyota Facility located at MP 12 on the Corpus Christi Subdivision. I have also included my original message of 05-21-06 regarding this notice for your easy reference.
I did not want to put this out to the jurisdictional Local Chairmen for ratification until we completed and agreed to the question and answers that are included with the agreement. As you can see, we have enhanced the package from the original offering. I have provided a copy of a document comparing the original document with the final product noting the deletions and additions to the original document (ENHANCEDCUSTOMERSERVICETOYOTA.BLET Final Markup.PDF). The added language through the negotiation process is in blue text for your easy reference.
1. We were able to increase the mileage offering from the original 7 miles to 16 miles for crews going to/from the facility.
2. We added an additional 8 miles for crews operating power to or from the facility at the beginning or end of their trip. Both of these payments are paid above all other earnings and do not impact overtime payments.
3. We added side letter 3 eliminating the overtime offsets on all pools identified in Article I of the agreement,
4. We have crafted Questions and Answers outlining some of the scenarios and insuring that only crews with
It is my understanding that the UTU has already ratified the proposal. Ms. Boone informed me Friday that she would be sending me a letter of notice of implementation effective Nov 1, 2006 per Article IX Section 1 (b) of the 1996 BLET National Agreement in Bold Underline text below on a 6 month trial basis.
I would like to notify the Carrier regarding our decision on this matter by October 31, 2006 if that is possible. I realize that this may force some of you to have a special meeting to address the issue. I apologize for that inconvenience, but I did not want to send out the agreement for ratification without the accompanying question and answers being agreed to by the parties. That was not accomplished until yesterday afternoon. I appreciate your Divisions cooperation in expeditiously handling this matter. Jurisdictional Local Chairmen, Russell Elley, Mark Rogers,
If you have any questions, please feel free to contact me.
Fraternally,
Gil Gore
To view a copy of the agreement in PDF format Click Here
To View a copy of the Questions and Answers on the Agreement Click Here
1996 BLET National Agreement
ARTICLE IX - ENHANCED CUSTOMER SERVICE
Article IX - Special Relief, Customer Service - Yard Crews of the 1991 National Implementing Document is amended to read as
follows and furthermore shall be applicable to all carriers party to this Agreement:
Section 1
(a) When an individual carrier has a customer request for particularized handling that would provide more efficient service,
or can show a need for relaxation of certain specific work rules to attract or retain a customer, such service may be instituted on an experimental basis for a six-month period.
(b) Prior to implementing such service, the carrier will extend seven (7) days advance notice where practicable but in no
event less than forty-eight (48) hours' advance notice to the General Chairman of the employees involved. Such notice will
include an explanation of the need to provide the service, a description of the service, and a description of the work rules
that may require relaxation for implementation. Relaxation of work rules that may be required under this Article shall be
limited to: starting times, yard limits, calling rules, on/off duty points, seniority boundaries, and class of service
restrictions.
(c) A Joint Committee, comprised of an equal number of carrier representatives and organization representatives, shall
determine whether a need exists, as provided in paragraph (a), to provide the service. If the Joint Committee has not made its determination by the end of the advance notice period referenced in paragraph (b), it shall be deemed to be deadlocked, and the service will be allowed on an experimental basis for a six-month period. If, after the six-months has expired, the organization members of the Joint Committee continue to object, the matter shall be referred to arbitration.
(d) If the parties are unable to agree upon an arbitrator within seven days of the date of the request for arbitration,
either party may request the National Mediation Board to provide a list of five potential arbitrators, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be borne equally by the parties.
(e) The determination of the arbitrator shall be limited to whether the carrier has shown a bona fide need to provide the
service requested or can provide the service without a special exception to existing work rules being made at a comparable cost to the carrier. If the arbitrator determines that this standard has not been met, the arbitrator shall have the discretion to award compensation for all wages and benefits lost by an employee as a result of the carrier's implementation of its proposal.
Section 2
This Article shall become effective June 1, 1996 and is not intended to restrict any of the existing rights of a carrier.
1991 BLET National Agreement
ARTICLE IX - SPECIAL RELIEF CUSTOMER SERVICE - YARD CREWS
(a) When an individual carrier can show a bona fide need to obtain or retain a customer by servicing that shipper outside of the existing work rules related to starting times and yard limits for yard crews, such service may be instituted on an experimental basis for a six-month period.
(b) Prior to implementing such service, the carrier will extend at least 14 days' advance written notice to the General Chairman of the employees involved. The notice will include an explanation of the bona fide need to provide the service, a description of the service, and a listing of the work rules related to starting times and yard limits for yard crews which are at variance with existing agreements.
(c) A Joint Committee, comprised of an equal number of carrier representatives and organization representatives, shall be constituted to determine whether a bona fide need exists to provide the service. If the Joint Committee has not made its determination by the end of the 14-day advance notice period referenced in Paragraph (b), it shall be deemed to be deadlocked, and the service will be allowed on an experimental basis for a six-month period. If, after the six months have expired, the organization members of the Joint Committee continue to object, the matter shall be referred to arbitration.
(d) If the parties are unable to agree upon an arbitrator within seven days of the date of the request for arbitration, either party may request the National Mediation Board to appoint an arbitrator. The fees and expenses of the arbitrator will be shared equally by the parties.
(e) The determination of the arbitrator shall be limited to whether the carrier has shown a bona fide need to provide the service requested or can provide the service without a special exception to the existing work rules related to starting times and yard limits for yard crews being made at a comparable cost to the carrier.
_ _ _ _ _ _ _ _
Nothing in this Article is intended to restrict any of the existing rights of a carrier.
This Article shall become effective November 17, 1991 except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such date.
