ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

I hope that everyone had a joyous holiday season.  I would personally like to thank the local union officers and those members who contributed so much of their time, effort and support throughout the past year on behalf of the IBEW membership.

As pointed out in my previous correspondence, the Family & Medical Leave Act (FMLA) arbitration was held on November 12, 2008 before a National Arbitration panel. I recently received the arbitrators’ Award concerning this matter and am pleased to announce that we were successful on all counts. Each local union was provided a synopsis of the decision identifying the specific grounds for the panels’ decision. The Award became effective on December 16, 2008, and provides that the carriers will immediately discontinue the invalidated provisions of their policies. It is my understanding that the Carriers’ have rescinded their forced substitution policies, but have recently requested further interpretation of the award. The arbitrators will subsequently consider the appropriate remedy for outstanding claims filed on behalf of employees who were required to substitute paid leave for FMLA leave. A hearing will be held by February 13, 2009 regarding this matter.

The U.S. Railroad Retirement Board (RRB) announced that it will begin phasing in nationwide toll-free telephone service. A single toll-free number (1-877-772-5772/1-877-RRB-5RRB) will provide RRB customers with easy access to the agency’s field offices. In addition, the new toll-free number will offer options for self-service through automated menus and automatic routing of calls to claims representatives in nearby offices during emergency and peak periods. Twelve of the RRB’s 53 field offices will participate in the initial implementation and include, St. Paul and Duluth, MN; Fargo, ND; Des Moines, IO; Jacksonville and Tampa, FL; Atlanta, GA; Birmingham, AL; Oakland, Sacramento and Covina, CA; and Mesa, AR. Nationwide toll-free telephone service will be available in additional RRB field locations after the initial phase has been completed. Until then, those who reside outside of the service areas covered by these twelve offices should continue to use the telephone number for the field office for their area by calling the automated RRB Help Line at 1-800-808-0772 or by checking online at www.rrb.gov.

Attached is the new Federal Register Notice publishing the revised monetary threshold for rail equipment accidents/incidents from $8,500 in 2008, to $8,900 for 2009, together with the updated FRA post-accident testing flow chart reflecting this change. Also attached for your information are the new DOT Random Drug and Alcohol Testing Rates Notice, and a copy of the Federal Register outlining drug testing laboratories.

During the week of December 2, 2008, a UPRR Non Operating General Chairmen meeting was held in San Antonio, Texas. Due to unexpected circumstances I was unable to attend the meetings; however, VGC Pat Perry was able to attend on my behalf. The meeting commenced with a tour of the new San Antonio Intermodal facility and the south San Antonio yard followed by a business update presentation by UPRR personnel Dennis Duffy, Joe Santamaria and Barry Kanuch. The meeting concluded with a tour of the UPRR Houston facilities. On December 11^th, I met with the members and officers of San Antonio Local 1911 and attended their annual Christmas party. During the week of December 15^th, AGC Don Tortorice attended a meeting with Los Angeles Local 889 officers and UPRR management personnel for the Los Angeles area. On December 17^th, VGC Pat Perry attended a UPRR Northern Region update in Omaha, NE. Throughout the month, AGC Shell continued discussions with the Kansas City Southern Railroad concerning outstanding issues in Kansas City, MO and Shreveport, LA.

In December, the System Council staff finalized an amendment to the UPRR Telecommunication Agreement in an attempt to create a career path for all Telecom employees while addressing some of the on-going issues and concerns within the department. I would like to thank AGC Telecom Dave Starkjohann, Local 650 President Joe Bycroft, and all the other Telecom members who offered their suggestions, ideas and support regarding these matters. A copy of the amended agreement has been provided to each applicable local union. There are also plans to meet with the UPRR Telecom Department as a follow up to re-address some of the ongoing concerns.

In addition to routine claim handling, appeals and other matters, the System Council staff is looking forward to working with all the local unions in 2009 with the expectations for a productive year.

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

1. RRB Labor Member Speakman’s newsletter for December 2008
2. RRB Job Vacancies list for December 2008;
3. Federal Register – Revised Monetary Threshold;
4. FRA Post Accident Testing Flow Chart;
5. DOT Random Drug & Alcohol Testing Rates Notice;
6. Federal Register – Drug Testing Labs.

With best wishes, I am
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2