Posts
From: Gil Gore [mailto:thegores1@cox.net]
Sent: Wednesday, August 09, 2006 10:39 AM
To: All BLET Local Chairmen UP Southern Region
Subject: FW: Trip Rate Meeting
Brothers,
Attached is the data presented by the Carrier during our trip rate meeting in
Section 6 - National Disputes Committee
A National Disputes Committee (“Disputes Committee”) is established for the purpose of resolving any disputes that may arise under this Article. Such Committee shall consist of the President of the BLE and the Chairman of the NCCC, and a neutral Chairman selected by the parties or, absent agreement, appointed by the National Mediation Board. Each partisan member may select others to serve on the Committee at his discretion. If the partisan members of the Committee are unable to agree on resolution of any dispute within ten (10) days after convening, the matter will be referred to the neutral Chairman for resolution. The neutral Chairman will resolve the dispute within ten (10) days after referral of the matter. Each party shall bear its own costs and shall equally share the fees and expenses of the neutral. Any resolution by the Committee or by the neutral shall be final and binding and shall be enforceable and reviewable under Section 3 of the Railway Labor Act.
Discussions are ongoing and I will keep you posted regarding referring this to the disputes Committee for resolution.
In the meantime, it is imperative that we keep a record of crews that performed work and terminal to terminal deadheads during this dispute period. If you would download a KBM for your respective pools with the N (Name) function, it will list all employees both regular and extra that worked your pools during this dispute and will be helpful in identifying any shortages for these trips. It is essential that every member keep all of his payroll records and tie up sheets so that we can guarantee proper payments if this issue is resolved in our favor.
Additionally, if there are any members who have their payroll data during the test period (July 1, 2002 through June 30, 2003) where they were deadheaded terminal to terminal separate and apart from service in connection with a work event, please have them forward that information to our office immediately.
I have attached a shortage sheet that you can distribute to our members so that they can keep track of the trips where they have performed service associated with a terminal to terminal deadhead and not been paid two trip rates (Click HERE to get a PDF).
Fraternally,
Gil Gore
From: Gil Gore [mailto:thegores1@cox.net]
Sent: Wednesday, August 09, 2006 10:00 AM
To: 'TGTAGGAR@up.com'
Cc: 'epruitt@eatel.net'; Mike Futhey (mbfuthey@bellsouth.net); 'tjutu27@hotmail.com'; 'go577@prodigy.net'; 'Russell R. Elley'; 'GL Perrien'; 'Dave Phillips'; 'frankatamisiea@up.com'; 'alweed@up.com'
Subject: Trip Rate Meeting
After meeting with you in
Trip # | Date | Name – Miles | Explanation | Comments |
#1 | 06-22-03 | LR Jeanlouis – 399 miles – pages 6 – 9 | Called out of Livonia TB114 and transported to B544 Kinder to get train QBLLI – 20 and work back to | Crew was paid miles transported for service and 243 mile deadhead. WORK HISTORY DOES NOT SHOW COMBINED DEADHEAD |
#2 | 01-18-03 | WW Biddle – 389 miles – pages 2 – 5 | Called out of Livonia TB114 and transported to B570 to get train QBTLI – 18 and worked same back to Livonia – Then transported from TB114 to B610 to get second train QBTLI – 17 worked back into TB114 (Livonia) then deadheaded from TB114 to Houston combined with service | Crew was paid combined service deadhead 243 miles back to |
#3 | 07-26-03 | GA Lewis – 385 miles – pages 10 – 11 | No FRA report provided – Comments indicate went on duty at Livonia took train to B544 Kinder (77 miles) – took train B544 to Alexandria C625 (60 miles) transported C625 to Houston B372 (248 miles) | Crew was paid miles transported and worked. WORK HISTORY DOES NOT SHOW COMBINED DEADHEAD. |
#4 | 10-18-02 | AE Neimeyer – 377 miles – pages 12 – 15 | Called out of Houston B372 – transported to Hardy Street LS368 (10 miles) LS368 to B382 Settegast Jct – (10 miles) Work Train ALDLI – 17 to Livonia – transport Lafayette (296 miles) – no rooms in Lafayette – transported to Baton Rouge (50 miles) – no rooms Baton Rouge – transported to Port Allen (11 miles). Total 377 miles | Trip does not involve terminal to terminal deadhead. Crew used |
#5 | 03-24-03 | DL Monroe – 375 miles – pages 16 – 19 | Worked train IGSAT5 – 24 from B372 | Trip does not involve terminal to terminal deadhead Crew used in straight away service |
#6 | 10-02-02 | WJ Howard – 373 miles – pages 21 – 22 | Crew repositioned from LS609 Lafayette to TB114 Livonia per side letter 1 and worked train INOLBR – 02 from TB114 Livonia to B372 Houston | Trip does not involve terminal to terminal deadhead. Crew repositioned per Side Letter 1 from |
As you can see by the above bold denoted trips, three of the six trips (#’s 4 – 5 – 6) provided do not have anything to do with the use of crews deadheaded terminal to terminal after performing service.
Additionally, Exhibit A page 23 lists a group of trips that were paid two trips in the same calendar day. I have numbered those trips (7-19) for ease of reference and provided an explanation for the same.
Trip # | Date | Name | Explanation | Comments |
7 | 02-19-03 MPBBT-18 | RE Partridge – 248 miles on train 8 hours Separate and apart deadhead – page 24 | Crew deadheaded Separate and apart from Service B372 Houston to C625 Alexandria and worked train back from | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
8 | 07-09-02 MNPEW-07 | LR Punch – 248 miles on train 8 hours Separate and apart deadhead – page 25 | Crew worked train B372 – C625 and then deadheaded Separate and apart from service back to B372 Houston | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
9 | 07-08-02 GSCOHO-05 | RJ Stutes – 248 miles on train 8 housr Separate and apart deadhead – page 26 | Crew deadheaded B372 to C625 Separate and apart from service and worked train C625 back to B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
10 | 08-31-02 MPBBT-29 | RJ Stutes – 248 miles on train – 8 hours Separate and apart deadhead – page 27 | Crew deadheaded B372 to C625 Separate and apart from service and worked train C625 back to B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
11 | 07-08-02 MPBB2-08 | AE Neimeyer – 248 miles – 8 hours Separate and apart deadhead – page 28 | Crew deadheaded Separate and apart B372 to C625 and worked train from C625 to B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
12 | 07-03-02 MPBBW-03 and QDYNL-02 | KW Booker – 248 miles each way on each train – page 29 | Crew worked train B372 to C625 and worked train back C625 to B372 | Crew worked train Houston – |
13 | 07-02-02 – MNOEWB-02 | EM Perkins – 218 miles and 8 hours Separate and apart deadhead – page 31 | Crew deadheaded Separate and apart from Houston B372 to LS609 Lafayette and worked train LS609 back to Houston B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period.. |
14 | 12-15-02 – RDTBT-14 | AN Deloach – 334 miles and 8 hours Separate and apart Deadhead – page 32 | Crew worked train Houston B372 to Lafayette LS609 and deadheaded Separate and apart | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
15 | 07-06-02 QBLLI-05 and MNOEWB-06 | LR Punch – 334 miles and 218 miles – page 33 | Crew worked train LS609 to B372 and worked train B372 to LS609 | No deadheads worked train both ways |
16 | 11-30-02 | DR Hardin – paid 8 hours Separate and apart Deadhead both legs of trip – page 34 | Crew deadheaded Separate and apart from service both directions Houston B372 to Lafayette LS609 | Crew deadheaded Separate and apart from service both directions from |
17 | 12-26-02 – MNOEWB-26 | GE Mitchell – paid 218 miles and 8 hours Separate and apart Deadhead – page 35 | Crew deadheaded Separate and apart from Houston B372 to LS609 Lafayette and worked train LS609 back to Houston B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period.. |
18 | 07-05-02 – MNOEWB-05 | A Hazley – paid 218 miles and 8 hours Separate and apart deadhead – page 36 | Crew deadheaded Separate and apart from Houston B372 to LS609 Lafayette and worked train LS609 back to Houston B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period. |
19 | 12-23-02 – IAPAT – 20 | EM Perkins – paid 296 miles and 8 hours Separate and apart deadhead page 38 | Crew worked B372 Houston to TB114 Livonia and deadhead Separate and apart from TB114 to B372 | Shows crews were deadheaded separate and apart from service terminal to terminal connected with service during the test period.. |
The above examples, clearly show that crews were traditionally deadheaded by the carrier in the most economical way. We have three examples where crews were paid combined miles and 11 examples where they were deadheaded Separate and apart terminal to terminal and paid only 8 hours for that service. While there may have been a few combined deadheads paid, it is illogical to believe that Union Pacific is going to pay 296 combined miles when they could pay only 130 miles for the same service. There is no question that logic dictates these crews were deadheaded Separate and apart from service between terminals as proved in the 11 examples quoted above (Trips 7, 8, 9, 10, 11, 13, 14, 16, 17, 18 and 19). Two of the above referenced trips include cross deadheads to and from the away from home terminal in the same day. These cross deadheads do nothing but dilute the working trip rate.
While Union Pacific has stopped paying the second trip rate for hours of service relief in all pools consisting of virtually thousands of trips, you have provided examples of only three instances in one pool where crews were paid combined miles for the return trip home after performing hours of service relief out of the away from home terminal. Three payments of combined miles does not outweigh the 11 trips where crews were worked into the away from home terminal and paid only 8 hours for a Separate and apart deadhead back to the home terminal. Three trips also do not provide conclusive evidence when weighed against the thousands of trips used to calculate trip rates in all of the pools.
This communication is meant to address the data you provided at our meeting in
