ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

The Department of Transportation (DOT) and the Federal Railroad Administration recently issued federally mandated changes and regulations relating to drug and alcohol testing that includes more stringent direct observation guidelines. Drug testing requiring direct observation will be conducted in compliance with Federal Regulation 49 CFR part 40.67. The DOT states that more rigorous direct-observation procedures are being adopted to reduce incidents of adulterated and substituted test results. Under the new procedures, a detailed description of the observation process will be provided to both the donor and the observer at the time of the test.   It is my understanding that the FRA may be providing the Carrier’s with an extension of time for implementing these regulations. Nonetheless, please find the enclosed “Frequently Asked Questions by Employees regarding New Direct Observation Requirements under Part 40.”

On July 31, 2008, the Office of Drug and Alcohol Policy and Compliance, together with the Office of General Counsel, issued 49 CFR Part 40 Questions and answers. Like all ODAPC/OGC Question and Answers, these constitute official and authoritative guidance and interpretation concerning Part 40 (hereto attached). One Q and A addresses how, during periods of hot weather, Medical Review Officers are authorized to deal with laboratory results reported as invalid because of pH in the 9.0-9.5 range. Two Q’s and A’s address the time period given employees to provide an adequate amount of urine. The final Q and A deals with tracking information that can be placed onto the DOT Alcohol Testing Form. These questions and answers are available at: http://www.dot.gov/ost/dapc/qanda.html.

Throughout the month of August, I have been in the process of relocating the System Council office to a new location, the contact phone numbers to remain the same. Effective September 1, 2008, the new address for System Council No. 2 will be as follows:

System Council No. 2, IBEW
8000 Main Street, Suite A
North Richland Hills, Texas 76180

Due to the National Mediation Board (NMB) approval for additional funding in 2008, time was allotted for Arbitrators to hear and handle additional disputes. As a result of the extended funding, I have scheduled a Public Law Board before Neutral Don A. Hampton. Therefore, throughout August, the System Council staff has been preparing ten disputes to be heard before PLB 7001 between UPRR and IBEW SC2 for the date of September 17, 2008, Chicago, IL. The Claimant’s and Local Chairmen were recently notified of the details of this Board.

During the week of August 18, 2008, I attended the System Council staff meeting together with VGC Perry, AGC Tortorice and AGC Shell. At this time, a wide range of issues, accomplishments and concerns were addressed, such as; discipline and claim handling, subcontracting disputes, training, manpower, and specific local union issues. As a result of our discussions, it was decided to generate an on-going training agenda for local chairmen and/or local committeemen to assist with effectively dealing with the Carrier on everyday issues and disputes. In this regard, any Local Chairman who does not already have the “Manual for Handling Claims and Grievances in the Railroad Industry” and/or “Agreements and Amendments dated January 1, 2007”, please notify this office in order for us to provide these.

Any local union who has recently had a change in Officers or Local Chairmen, please provide this office with the updated information including, name, address and contact information.

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

1. RRB Labor Member Speakman’s newsletter for August 2008;
2. RRB Job Vacancies list for July 2008;
3. RRB Informational conferences;
4. RRB info on Medicare Part B Beneficiaries Premiums;
5. Frequently asked Questions-Part 40 Direct Observation Requirements;
6. 49CFR Part 40 Questions and Answers;
7. VP Labor Relation Fritz’s letter concerning the Union Pacific’s United Way Campaign.

With best wishes, I remain
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2