ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

The FMLA remedy hearing was held on April 21, 2009 to address the outstanding claims filed for those employees who were forced to substitute paid leave for unpaid FMLA leave. This office has provided counsel with the detailed information concerning those claims filed with Union Pacific. It is anticipated that the panel will issue their award shortly. I will keep you updated as to the final outcome of the panels’ decision.

It has recently come to my attention that the previous understanding regarding the Bush Administration’s revisions to DOL FMLA regulations may have been confusing insofar as the six month medical recertification is concerned. The initial example incorrectly stated that the six month period runs from the date of the FMLA absence rather than from the FMLA certification. What the revised regulation means is that an employee certified in January for FMLA leave who takes intermittent FMLA leave in March may not be required to provide recertification at that time; whereas, the initial certification is good for six months. However, if the employee wants to take intermittent leave again for the same condition after July (i.e., six or more months after the original certification), the Carrier can demand recertification at the time of the later FMLA absence since it has been more than six months since the employee’s condition was certified and the recertification is “in connection with an absence.” Therefore, it would be best, for an employee with a chronic condition that likely will necessitate future intermittent leave, to be recertified semiannually in order to avoid potential problems when the need for FMLA leave arises.

On April 21, 2009, the office of Labor-Management Standards (OLMS) published notice in the Federal Register seeking public comment on a proposal to rescind the regulations published on January 21, 2009 (hereto attached). These regulations made revisions to Form LM-2 and established a procedure for the Department to revoke, when warranted, the authorization to file the simplified report form LM-3. On April 21^st, OLMS published a final rule which delayed the effective date of the January 21^st regulations until October 19, 2009, and delayed the applicability date of the regulations until January 1, 2010. Ultimately, this will allow more time for the agency and the public to consider the proposal to rescind the January 21^st regulations and, meanwhile, permit unions to delay costly implementation of any necessary new accounting and recordkeeping systems and procedures pending further consideration. The comment period for the proposed rescission of the January 21, 2009 regulations will close on May 21, 2009.

The System Council finalized preparation of our outstanding discipline cases with Union Pacific Railroad docketed with Public Law Board 7001. These cases are scheduled to be heard before Neutral Arbitrator Don Hampton on the date of May 13, 2009. The Claimant’s and applicable Local Chairmen have been notified accordingly and will be promptly advised of the award(s) as they are received. Also, throughout the month, we finalized submissions on two separate disputes to which the IBEW is a third party.

During the week of April 6, 2009, the System Council staff together with IBEW Railroad Director Bill Bohne’, met again with representatives of the Brotherhood of Railway Signalmen (BRS) and Union Pacific personnel to discuss the work associated with Carrier’s implementation of Positive Train Control (PTC) pursuant to the Rail Safety Improvement Act of 2008. We are currently scheduled for a follow up meeting on May 8, 2009.

On April 14, 2009, Asst General Chairman Randy Shell met with the officers of Local 1832. On April 15^th he attended a meeting at the Kansas City Southern headquarters to conference outstanding claims with Labor Relations personnel. Also, during the week of April 20, 2009, Brother Shell attended two disciplinary investigations at the Shreveport, Louisiana (KCS) facility, and later met with Union Pacific members at the Livonia locomotive facility. On April 22, Vice General Chairman Perry met to conference outstanding claims with Union Pacific at the Omaha headquarters. After several discussions and a meeting with Los Angeles Mechanical Director McCrow, Asst General Chairman Don Tortorice was successful in reestablishing several electrician road positions in the Los Angeles area which were previously maintained by Foremen General.

Please find hereto attached the following which can be disseminated and/or posted:

 

1. RRB Labor Member Speakman’s April 2009 newsletter;
2. RRB “Scheduled Informational Conferences” April 2009;
3. RRB Job Vacancies list for April 2009;
4. Federal Register notice “Labor Organization Annual Financial Reports”;
5. Article published in “Nation” magazine entitled “The Jobs Solution";
6. National Labor College “2009 Class schedule"

With best wishes, I am
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2