FW: January 1, 2007 COLA/H&W Cost Sharing

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Monday, January 29, 2007 7:29 PM
To: All Local Chairmen, BLET UP Southern Region
Subject: FW: January 1, 2007 COLA/H&W Cost Sharing

Brothers,

Below is a communication from the Chairman of the Western General Chairmen’s Association regarding the January 1, 2007 increase in health care premiums which is self explanatory.  I have not received any notice from the National Division regarding this matter, but inquiries have been made and you will be provided with the response when it is received.

I have attached the pertinent language from the 2003 BLET National Agreement regarding increases in these payments (Click Here to view in PDF) along with a NRL Circular Letter outlining the increase in payments to each Organization provided by Brother Pierce (Click Here to view in PDF).  I apologize for not providing this information sooner, but I was not provided copies this information until 6:45 pm this evening.  Unless the math is incorrect, our contribution has been increased to $146.62 per month.  Members covered under the UTU H&W plan for the year 2007 will be paying $148.98 per month.  Your H&W enrollment status for 2007 is based on your working craft in September of 2006. 

As noted by Brother Pierce below, we have requested that the ND confirm the math on the increase and will provide you with the results of that inquiry as soon as possible.

If you have any questions, please feel free to contact me.

Fraternally,

Gil  Gore

Organization	2000 Round Agreement Reference	Monthly Contribution
BLET	Article IV, Part B, Sect. 1(b)	$146.62
UTU	Article IV, Part B, Sect. 1 (f) of the 11-06-2003 Sup Agreement	$148.98
UTU Yardmasters		$146.46
TCU Clerks		$137.70
TCU Carmen		$137.95
BRS		$100.00
IAM		$122.39
IBB		$137.65
IBEW		$146.97
NCFO		$146.52
SMW		$146.52

From: Dennis Pierce [mailto:drpierce@blet-bnsfmrl.org]
Sent: Monday, January 29, 2007 6:45 PM
Subject: January 1, 2007 COLA/H&W Cost Sharing

To:  All Local Chairmen, BNSF Northlines

cc:  Western General Chairmen's Association, Don Hahs, Dennis Simmerman, Steve Speagle, Tony Smith, Tom Roberts

Brothers,

This is in reference to the many questions that we are currently fielding on the recent increase in the monthly employee cost sharing of Health and Welfare premiums.  Yes, there was an increase on January 1, 2007.  I am attaching a pdf copy of a November 2006 NRLC break down by Union showing the new monthly contributions.

I will also pass on what we have been able to piece together today in discussing this with BNSF.  Article IV-Health and Welfare, Part B, Section 1, (h) of the 2003 BLET National Agreement allows the Carrier to raise the employee's monthly H&W contribution on January 1, 2007 up to 1/2 of the value of the monthly premium increase, but not to exceed 1/2 of the monthly value of the corresponding COLA.  While I am not sure of the exact amount of the monthly premium increase, we are being told that is was $98.00 and some change.  Accordingly, and per the Agreement, up to one half of that $98.00, or $49.00 per month, could have been pushed to the employee so long as it did not exceed 1/2 of the monthly value of the January 1, 2007 COLA increase.

While we haven't received anything from the ND to confirm this math, we are being told by BNSF that the NRLC calculated the monthly COLA value as follows.  The NRLC used an average yearly hours figure of 2876 hours/per employee/per year to start the calculations.  That was divided by 12 to get average monthly hours of 239.66.   The January 1, 2007 COLA was 15 cents per hour, half of the COLA value is 7.5 cents per hour.  239.66 hours times one half the hourly COLA of .075 equals a maximum increase of $17.98 with rounding.  That increase results in the new monthly BLET rate for those in the National H&W plan of  $146.62.

We are copying the National Division so they can let us know if we have properly explained the Carrier's math, and more importantly, if the Carrier has properly applied the math that the agreement describes.  We are not sure if the average monthly hours used by the NRLC of 2876 per year or 239.66 per month is consistent with previous average calculations, if it is we as a collective craft are working an average of 30-8 hour days per month on a National Basis.

We will also send this update hard copy and will also forward any additional information that we receive. 

Fraternally,

Dennis Pierce

General Chairman

FW: Railroad Retirement Taxes for 2007

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Wednesday, January 17, 2007 9:51 AM
To: All Local Chairmen
Subject: Railroad Retirement Taxes for 2007

 

Brothers,

 

Below and attached is some information regarding the responsibilities of both employees and employers to pay railroad retirement taxes for the calendar year 2007.  Please note below the yellow highlighted employer responsibility portion of these taxes below which equals to 18.30% for tier I and II.  This money is contributed to the railroad retirement fund by Union Pacific in addition to the employee responsibility portion identified in the same table.  That means for every $1 you earn, they pay 18.30% into the railroad retirement system up to the maximums in each individual tier.  They also pay railroad unemployment insurance on top of that 18.30%.  This information is many times overlooked when considering our wages and benefits.  While employees are well aware of their contributions because they show up on our pay stubb, we tend to forget about the railroads’ responsibilities to pay into the system on our behalf which is a benefit to all current and future retirees.  I admit, these types of contributions if made into everyone’s 401k would likely yield higher returns, but this system ensures that everyone has a retirement much better than what social security provides.

 

These documents and other pertinent information are available at http://www.rrb.gov/.

 

Hoping you find this information useful, I remain.

Fraternally,

Gil Gore        

 

2007 Maximum Railroad Earnings tax responsibilities

 

Tier I Earnings Limit $97,500 - you pay 6.20 % on all earnings up to the maximum of $97,500
Tier II Earnings Limit  $72,600 – you pay 4.4% on all earnings up to the maximum of $72,600
Medicare 1.45% no limit – you pay 1.45% on all earnings no maximum

Program Letter 2007-03     To: Certification Registration, Retirement and Unemployment Contact Officials Subject: Notice of Annual Rates (2007) Date: December 4, 2006   View this document in PDF Please distribute this notice to all individuals within your organization who may need the information in connection with their work. Prepared by: Quality Reporting Service Center Railroad Retirement Board 844 North Rush Street Chicago, Illinois 60611-2092 Phone: (312) 751-4992 Fax: (312) 751-7190 E-mail: QRSC@rrb.gov Creditable and Taxable Compensation The 2007 railroad retirement tax rates and maximum compensation bases are as follows:     Tax Rate Earnings Base Employee Tier I 6.20% $97,500 Medicare 1.45% No Limit Employer Tier I 6.20% $97,500 Medicare 1.45% No Limit Employee Tier II 3.9% $72,600 Employer Tier II 12.10% $72,600 Railroad Unemployment Insurance Variable $1,230 per month The Tier II tax rates are determined annually from a tax rate schedule based on an average account benefits ratio reflecting railroad retirement fund levels. Employer tax rates can range from 8.2 percent to 22.1 percent. Employee tax rates can range from 0 percent to 4.9 percent. Experience Rating In October 2006, each employer was sent a notice of their 2007 Railroad Unemployment Insurance Act (RUIA) contribution rate. If you have not received your notice, please contact the Quality Reporting Service Center.  Retirement and Survivor Benefits Exempt Amounts for Annual Earnings Test for Less Than Full Retirement Age Annuitants: In 2007, the annual exempt amount for less than full retirement age annuitants is $12,960. The monthly exempt amount for the first year of retirement in 2007 is $1,080. Exempt Amounts for Annual Earnings Test for Full Retirement Age Annuitants: In 2007, the annual exempt amount for full retirement age annuitants is $34,440. The monthly exempt amount for the first year of retirement in 2007 is $2,870. Cost-of-living Increase: Annuitants will receive a cost-of-living increase effective December 2006. Tier I will increase by 3.3% and Tier II will increase by 1.1%. This increase is before adjustment for other benefits. Unemployment and Sickness Benefits Maximum Daily Benefit Rate: Under the Railroad Unemployment Insurance Act (RUIA), the maximum daily benefit rate is equal to 5 percent of the monthly RUIA compensation base, rounded down to the nearest multiple of $1.00. For days of unemployment and sickness in registration periods beginning on and after July 1, 2007, the maximum daily rate is $59.00. The maximum rate for registration periods beginning on or after July 1, 2008, is $61.00. Monthly Compensation Base: The monthly compensation base under the Railroad Unemployment Insurance Act for calendar year 2007 is $1,230. Qualifying Base Year Compensation: The amount of base year compensation required in 2007 to qualify for benefits in the benefit year beginning July 1, 2008, is $3,075.00. Compensation of $3,075 is also the amount of creditable compensation required to end a voluntary leaving of work disqualification period in months in calendar year 2007. In addition, remuneration earned in calendar year 2007 from employment covered under the Act cannot be considered subsidiary remuneration if the employee’s base year earnings are less than $3,075. Maximum Benefits: The monthly amount of base year 2007 compensation that can be counted in determining the maximum amount of normal benefits payable to an employee in the benefit year beginning July 1, 2008, is $1,589. Maximum Monthly Compensation Base and the Earnings Test: For unemployment registration periods beginning July 1, 2007 and later, no benefits are payable for which the total amount of an employee’s earnings and other remuneration from railroad and non-railroad work for days in the period exceeds the monthly compensation amount of $1,195.   Year 2007 Railroad Retirement and Unemployment Insurance Taxes

PR 06-6 December 2006

 

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Prepared by Public Affairs 312-751-4777 The amounts of compensation subject to railroad retirement tier I and tier II payroll taxes will increase in 2007. However, the tier I tax rate on employees and employers remains unchanged. Under the Railroad Retirement and Survivors’ Improvement Act of 2001, tier II tax rates are determined annually by an average account benefits ratio. Based on this ratio, the tier II tax rates on employees and employers will decrease in 2007. Railroad unemployment insurance tax rates paid by employers will continue to include a 1.5 percent surcharge in 2007. Tier I and Medicare Tax.--The railroad retirement tier I payroll tax rate on covered rail employees and employers for the year 2007 remains at 7.65 percent. The railroad retirement tier I tax rate is the same as the social security tax, and for withholding and reporting purposes is divided into 6.20 percent for retirement and 1.45 percent for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20 percent rate will increase to $97,500 in 2007 from $94,200 in 2006, but there is no maximum on earnings subject to the 1.45 percent Medicare rate. The increase in the amount of earnings subject to railroad retirement and social security taxes is based on indexing to increases in average national wages. Tier II Tax.--The railroad retirement tier II tax rate on employees will decrease by 0.5 percent, from 4.4 percent to 3.9 percent in 2007, and the rate on employers will also decrease by 0.5 percent, from 12.6 percent to 12.1 percent. The maximum amount of earnings subject to railroad retirement tier II taxes, however, will increase to $72,600 in 2007 from $69,900 in 2006. Tier II tax rates under the 2001 Railroad Retirement and Survivors’ Improvement Act are based on an average account benefits ratio reflecting railroad retirement fund levels. Depending on this ratio, the tier II tax rate for employers can range between 8.2 percent and 22.1 percent, while the tier II rate for employees can be between 0 percent and 4.9 percent. Unemployment Insurance Tax.--Employers, but not employees, also pay railroad unemployment insurance taxes, which are experience-rated by employer. The basic tax rates range from a minimum of 0.65 percent to a maximum of 12 percent on monthly earnings up to $1,230 in 2007, up from $1,195 in 2006. However, the Railroad Unemployment Insurance Act also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount, and such a surcharge of 1.5 percent applied in 2004-2006. Since the accrual balance of the Railroad Unemployment Insurance Account was $114.8 million on June 30, 2006, which was less than the indexed threshold of $120.8 million, a surcharge of 1.5 percent will again be added to the basic tax rates in 2007, but will not increase the maximum 12 percent rate. The unemployment insurance tax rates on railroad employers in 2007 therefore will range from 2.15 percent (the minimum basic rate of 0.65 percent plus the 1.5 percent surcharge) to a maximum of 12 percent on monthly compensation up to $1,230. The 1.5 percent surcharge will not apply to new employers in 2007, and new employers will initially pay a tax rate of 3.75 percent, which represents the average rate paid by all employers in the period 2003-2005. For 78 percent of covered employers, the unemployment insurance rate assessed will be 2.15 percent in 2007. # # #

 

 

 

FW: Houston Hub Trip Rate Settlement - 2nd trip rate

From: Gil Gore [mailto:gilgore@bletsr.org]
Sent: Friday, December 15, 2006 3:39 PM
To: Clifton Meguess; Dan Underwood (dhu139@houston.rr.com); Gerald Boudreaux (gerardjb@bellsouth.net); Jim E. Rosas (jerosasble@juno.com); Larry Kaleck (Lmkaleck711@aol.com); Les Jeanlouis (L R Jeanlouis); Ray Basco; Raymond H. Prejean (bigfootdq@yahoo.com); Richard B Alston; Roland Gutierrez (rolando410@cmaaccess.com); Tyler Gray (trgray775@yahoo.com); Wade Stevener (wadeandrockie@sbcglobal.net)
Subject: Houston Hub Trip Rate Settlement - 2nd trip rate

Brothers,

Attached you will find a copy of a letter of understanding (Click Here to View in PDF) that has been proposed to settle the 2^nd trip rate when used in turnaround/hours of service relief in the Houston Hub.  I am requesting your ratification of this interpretation.

As you are aware, the dispute developed surrounding the language in the 2003 BLET National Agreement Article V – Pay System Simplification.  Unfortunately, there were some circumstances where crews were deadhead combined with service and paid actual miles for the working and deadhead portion of the trip.  Per the 2003 BLET Agreement, mileage that was paid as one trip would be incorporated into the trip rate as one start.  We have come to a compromise on the issue with the attached letter of understanding which provides for some pools that had evidence of being deadheaded separate and apart from service to be paid two trip rates.  Other pools will be paid two trip rates when the turnaround/hours of service work reaches the threshold of 50 miles or more combining both the deadhead and working portion of the turnaround trip.  I believe this is a good compromise settlement because it allows the miles already made deadheading in combined service to remain in the trip rate and ensures that all pools will be entitled to the 2^nd trip rate either automatically or under the 50 mile criteria.  This 50 mile threshold will cover more than 90% of the cases when crews are used in turnaround/hours of service relief.  Had we gone directly to the disputes committee, several pools would have been shut completely out of the 2^nd trip rate altogether due to the payment of combined miles for deadhead service during the test period.  This is a hub wide settlement.  Failing ratification of this proposal, we will have to take each pool to the disputes committee and I can assure you that the data will result in some pools being shut out of the 2^nd trip rate completely.

With the above in mind, I recommend the ratification of this letter of understanding to settle this dispute.    

Additionally, I have negotiated an understanding to pay all outstanding claims for this type of service if they meet the criteria established in the letter of understanding that have occurred since June 1 of 2006 when this dispute arose.  I have attached a copy of my message to all Local Chairman dated 08-09-06 (Click Here to View in PDF) suggesting that members use the attached work sheet to record trips that involved work and deadhead out of the away from home terminal.  If you or your members will forward those sheets to our office immediately, I will provide the same to the carrier to settle any shortages that have occurred since June 1, 2006.  If you have saved the detailed KMB’s for these pools as suggested, that should help identify the crews who possibly were shorted.  The settlement included a window of opportunity to present any shortages for payment.  The cut off date for providing this information will be December 31, 2006.  Shortage information provided beyond that time limit will not be considered.

I also need the ballots returned by December 31, 2006.  Please remember that we have a conference call line available that will take up to 100 callers.  If you would like to schedule a conference call for your Division to handle this ratification, please call the office and schedule the time with Carol to use the line.  We can provide e-mail instructions on how to use the line if necessary.

I will post this information on our website at http://bletsrnews.blogspot.com/ and on our e-mail blogg at http://bletsre-mail.blogspot.com/.

If you have any questions, please feel free to contact me.

Fraternally,

Gil Gore

FRA: Train crew work schedules contribute to accidents

FRA: Train crew work schedules contribute to accidents CLEVELAND, November 29 -- The Federal Railroad Administration (FRA) today released a study which provides a strong scientific rationale for evaluating railroad employee work schedules to address worker fatigue. According to the FRA, human factor errors were responsible for nearly 40 percent of all train accidents over the past five years. An FRA evaluation of the research findings confirms that fatigue plays a role in approximately one out of four of those accidents. The goal of the research was to determine if a fatigue model can accurately and reliably predict an increased risk of human error that could contribute to the occurrence of a train accident. A mathematical model for detecting the point at which the risk of fatigue becomes hazardous could be part of a railroad’s fatigue management plan. FRA expects this information will aid the railroad industry in improving crew scheduling practices in order to reduce that risk. A similar approach is currently utilized by the Department of Defense. Under the study, researchers analyzed the 30-day work schedule histories of locomotive crews preceding approximately 1,400 train accidents and found a strong statistical correlation between the crew’s estimated level of alertness and the likelihood that they would be involved in an accident caused by human factors. In fact, the relationship is so strong that the level of fatigue associated with some work schedules was found to be equivalent to being awake for 21 hours following an 8-hour sleep period the previous night. At this level, train accidents consistent with fatigue, such as failing to stop for red signals, were more likely to occur. “We applaud FRA’s work in validating Dr. Hursh’s model for use in the railroad industry,” BLET National President Don M. Hahs said. “The fact remains, however, that the vast majority of fatigue concerns could be addressed, if not eliminated, by taking several simple steps, including: improving ‘train line-up’ information for crews waiting to be called for work; 8 hour call for duty; defined calling windows to prevent work tour cycling; and ending abusive limbo time. “All of these practices could be implemented today, if the carriers were as concerned about the health and safety of their crews as they are interested in multi-billion dollar profits.” For a PDF of the report, go to: http://www.ble-t.org/pr/pdf/dot_fra_ord_0621.pdf Wednesday, November 29, 2006 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4393 Related Articles: FRA Website : http://www.fra.dot.gov/us/content/1737 UTU Website: http://www.utu.org/worksite/detail_news.cfm?ArticleID=31985 © 2006 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

 

2007-2008 James R. Hoffa Memorial Scholarship Fund

Subject: [BLE NewsFlash] 2007-2008 James R. Hoffa Memorial Scholarship Fund

2007-2008 James R. Hoffa Memorial Scholarship Fund

http://www.ble.org/pr/news/newsflash.asp?id=4391

CLEVELAND, November 29 - The James R. Hoffa Memorial Scholarship Fund awards scholarships annually to outstanding high school seniors, and 100 scholarships will be awarded during for the upcoming 2007-2008 school year.

Applicants compete in one of the five geographic regions where the Teamster parent/grandparent's Local Union is located. The Teamsters will award 31 scholarships that total $10,000 each ($2,500 a year over four years) and an additional 69 awards that are one-time grants of $1,000 each.

For the last few years, the children and grandchildren of BLET members have been eligible to apply for the James R. Hoffa Memorial Scholarship following the merger of the BLET with the International Brotherhood of Teamsters.

This year's program is open to high school seniors graduating in 2007, who plan to attend a four-year college in the fall of 2007. The applicant should rank in the top 15 percent of their high school class and have, or expect to have, excellent SAT or ACT scores. The applicant must be a son, daughter or grandchild of a Teamster member who has been in good standing during the 12 consecutive months preceding the application deadline of March 30, 2007. Furthermore, the Teamster member must not have been a full-time elected officer during the 12 months preceding the application deadline date of March 30, 2007.

Applications are available from all IBT and GCC Local Unions, the BLET National Division website and BMWED System Federations. Applications can also be downloaded from the BLET website at: http://www.ble-t.org/pr/pdf/JRH2007application.pdf

Other downloadable information includes a Hoffa Memorial Scholarship brochure, for members to print and display at their places of work: http://www.ble-t.org/pr/pdf/JRHBrochure2007.pdf

And an academic record form that applicants must fill out in order to apply: http://www.ble-t.org/pr/pdf/JRH2007academicrecord.pdf

Applications must be received by the Scholarship Fund by March 30, 2007.

For more details, please contact:

James R. Hoffa Memorial Scholarship Fund 25 Louisiana Avenue, N.W. Washington, DC 20001 (202) 624-8735.

--- This message was sent by the BLET NewsFlash Service. To unsubscribe, go to http://www.ble-t.org

NTSB Makes Recommendations on April 3, 2005 Amtrak - BNSF

This recommendation addresses the adequacy of the amount of time available for track inspections conducted by the BNSF Railway Company’s (BNSF’s) employees. The recommendation is derived from the Safety Board’s investigation of the April 3, 2005, derailment of Amtrak (National Railroad Passenger Corporation) passenger train No. 27, near Home Valley, Washington,1 and is consistent with the evidence we found and the analysis we performed. As a result of this investigation, the Safety Board has issued four recommendations discussed below. The Safety Board would appreciate a response from you within 90 days addressing the actions you have taken or intend to take to implement our recommendation.

The National Transportation Safety Board makes the following safety recommendation to the Federal
Railroad Administration:
“Extend to all classes of track safety standards for concrete crossties that address at a minimum the following: limits for rail seat abrasion, concrete crosstie pad wear limits, missing or broken rail fasteners, loss of appropriate toeload pressure, improper fastener configurations, and excessive lateral rail movement. (R-06-19)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_19.pdf

The National Transportation Safety Board makes the following safety recommendation to the Association of American Railroads and the American Short Line and Regional Railroad Association:
“Using the circumstances of the April 3, 2005, accident near Home Valley, Washington, emphasize to your members through your publications, web site, and conferences, as appropriate, the need to establish inspection guidelines for track inspectors that address the problems and characteristics unique to concrete crossties for all classes of track. As your members develop these guidelines, encourage them to consider the elements in 49 Code of Federal Regulations Part 213, "Track Safety Standards," for concrete crossties for Classes of Track 6 and higher. (R-06-21)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_21.pdf

The National Transportation Safety Board makes the following safety recommendation to the American Railway Engineering and Maintenance of Way Association:
“Using the circumstances of the April 3, 2005, accident near Home Valley, Washington, emphasize to your railroad members through your publications, web site, and conferences, as appropriate, the need to establish inspection guidelines for track inspectors that address the problems and characteristics unique to concrete crossties for all classes of track. As your railroad members develop these guidelines,
encourage them to consider the elements in 49 Code of Federal Regulations Part 213, "Track Safety Standards," for concrete crossties for Classes of Track 6 and higher. (R-06-22)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_22.pdf

The National Transportation Safety Board makes the following safety recommendation to the BNSF Railway Company:
“As part of your track inspector audit program, determine whether inspectors are provided adequate track time to perform their duties, and take corrective action if necessary. (R-06-20)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_20.pdf

 

 

 

Toyota Faciliity Agreement

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: Toyota Faciliity Agreement

 

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 Toyota cars go to the facility.

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, Dean Amos, Robert Moore and JD Tindol have the Agreement, Questions and Answers and ballot coming to them hard copy via US mail.  This information is being provided to all other Local Chairmen as information.  Only those local chairmen listed above per our Bylaws will be participating in the ratification.

 

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.