Whistle Blowing with MOW near track

Brothers,

It has been brought to the attention of this office that the FRA in Ft. Worth has recently taken exception to crews that did not properly sound the horn when approaching MOW employees on or near the track according to 8 and 4 below.  It is imperative that we get the word to all of our members stressing necessity to comply with this practice immediately.
Fraternally,
Gil Gore 

5.8.2: Sounding Whistle
The whistle may be used at anytime as a warning regardless of any whistle prohibitions.  When other employees are working in the immediate area, sound the required whistle signal before moving.
Other forms of communications may be used in place of whistle signals, except signals (1), (7) and (8). See following chart. The required whistle signals are illustrated by "o" for short sounds and "-" for longer sounds.

Sound	Indication
[1] Succession of short sounds	Use when persons or livestock are on the track at other than road crossings at grade. In addition, use to warn railroad employees when an emergency exists, such as a derailment. When crews on other trains hear this signal, they must stop until it is safe to proceed.
[2] -	When stopped: air brakes are applied, pressure equalized.
[3] - -	Release brakes. Proceed
[4] o o	Acknowledgement of any signal not otherwise provided for.
[5] o o o	When stopped: back up. Acknowledgment of hand signal to back up.
[6] o o o o	Request for signal to be given or repeated if not understood.
[7]- - o -	Approaching public crossings at grade with the engine in front, start signal at least 15 seconds but not more than 20 seconds before the crossing.  If movement exceeds 59 45 MPH, start signal at or about the crossing sign or not more than 1/4 mile before the crossing if no sign.  Prolong or repeat signal until engine occupies the crossing(s). In the states of California, Idaho and Montana: Always start the whistle signal at the crossing sign for all crossings, public and private. If no sign, or if movement begins between sign and crossing, sound whistle at least 15 seconds before engine enters the crossing. In addition, use this signal when approaching private crossings if pedestrians or motor vehicles are at or near this crossing, or if something obstructs the view of the crossing.
[8] - o	Approaching men or equipment on or near the track, regardless of any whistle prohibitions. After this initial warning, train will continue to intermittently sound whistle signal 4 (2 shorts) until head end of train has passed the work location.

 

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

Scheduled Holidays 2005

-----Original Message----- From: Gil Gore [mailto:thegores1@cox.net] Sent: Thursday, December 15, 2005 9:42 PM To: ALL BLET UP Southern Region GCA LOCAL CHAIRMEN Subject: Scheduled Holidays 2005

Brothers,

I received the below response from the ND regarding the holidays. The Eve holidays are celebrated the day before the national recognized holidays. I believe the nation is celebrating Monday as Christmas Day and New Years Day therefore the Sunday prior to those would the proper day to celebrate.

No attachment was included however, I have asked for the same and will forward it to you upon receipt.

Fraternally, Gil Gore

-----Original Message----- From: Simmerman, Dennis [mailto:simmerman@ble-t.org] Sent: Thursday, December 15, 2005 2:14 PM To: gilgore@bletsr.org Cc: Hahs, Don; Pruitt, E; glperrien@bletsr.org Subject: RE:

Gil: Let me begin by stating that there has BEEN NO deal struck with the Carriers on Holidays.

However, under the interpretations of the Holiday provisions it must be noted that the "eve" holidays are recognized as being the day immediately prior to the day holiday for both Christmas and New Years. See attached memorandum of November 1976.

Therefore, while you are correct that the day holiday will be the same as the date recognized by the State or Nation, the eve holiday would be the day before under our agreement.

I hope this information helps.

Dennis Simmerman Director of Research

-----Original Message----- From: gilgore@bletsr.org [mailto:gilgore@bletsr.org] Sent: Wednesday, December 14, 2005 10:14 AM To: Simmerman, Dennis Cc: Hahs, Don; Pruitt, E; glperrien@bletsr.org Subject:

Brother Dennis,

I have been informed by the Carrier that a deal was struck with the NCCC and Organizations regarding the celebration of the upcoming holidays (24th, 25th and 31st of Dec and Jan 1) on the Sunday and Monday for each holiday respectively. IE The 24th and 25th of Dec fall on Saturday and Sunday and they are celebrating them on Sunday and Monday. The same will hold true for the 31st and 1st they plan to celebrate them on Sunday the 1st and Monday the 2nd.

The holiday agreement provides as follows outlined in note 1

NOTE 1: When any of the above-listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

Per the above langauge they are required to observe Sat as a holiday and then Monday for the Sunday Holiday.

There are several concerns not the least of which is that the holiday pay for the 31st will not be paid on the last half of Dec payroll.

Sharon Boone my LR stated that Marchant had put out some type of letter regarding this with the NCCC.

My question is, has there been some change in the national agreement or understanding with the NCCC regarding this issue?

Thanks for your assistance, Gil Gore

E-MAIL FROM THE GENERAL CHAIRMEN

This blog will be used to post e-mail messages from General Chairman Gore for future reference and information.