ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

On February 11, 2008, the Department of Labor published in the Federal Register a Notice of Proposed Rulemaking which addresses changes in its regulations and how it administers the Family and Medical Leave Act. A review of such proposed changes include areas of interest such as substitution of paid leave, use of leave in less than full or half day increments, notice obligations and eligibility requirements. Any changes cannot go into effect until after the public is permitted to comment, which are due by April 11, 2008. I will keep you apprised with any updates I receive.

In August 2007, new legislation was passed with changes in Federal Law regarding threats, intimidation and harassment against railroad workers by railroad employers. The legislation provides specific Whistle-Blower protection for railroad workers pursuant to Title 49 U.S.C. Section 20109 and provides that a railroad may not discharge, demote, suspend, reprimand or in any other way discriminate against an employee for providing information or assisting in any investigation as set forth in Section 20109. This protection extends to employee’s who refuse to violate or refuse to help violate any Federal law, rule, or railroad safety requirement. Moreover, this law protects employees when reporting on-duty injuries, files a lawsuit for a personal injury, and/or agrees to testify in such related suits. Finally, the legislation also applies when an employee refuses to work in a hazardous situation or reports, in good faith, a hazardous safety condition. The foregoing applicable sections of the act are attached hereto.

It has been brought to my attention that some locations may still be using employee social security numbers for identification purposes when progressing correspondence, claims or grievances on behalf of individual members. As I’m sure you are aware, identity theft has become a major concern for all. Therefore, when progressing any correspondence on behalf of a member, Employee Identification numbers should be used rather than a social security number.

During the period of February 5 – 7, 2008, I attended the annual IBEW Railroad Department General Chairman’s meeting held by R.R. Director Bill Bohne’ in Hollywood, Florida. At this time, many issues were discussed, such as the recent IBEW Rail Road Task Force recommendations. In addition, each System Council General Chairman was given time to discuss their specific issues and concerns.

On February 11 – 12, 2008, the System Council staff together with Telecommunication AGC Dave Starkjohann, and Local 650 President Joe Bycroft, met to discuss issues of concern and matters within the UPRR Telecommunications Department. At this time we reviewed the Carrier’s recent proposals and then collectively identified the matters which were important to the employees; such as, eliminating ET positions, career paths, wages, differentials, geographic COLA allowances, per diem allowance, certifications, classification of work, etc. On the date of February 29, 2008, the System Council staff met with Telecommunications General Director Neal Spencer and General Director Labor-Relations Andrea Gansen. During this meeting, we identified the foregoing issues as well as on-going issues and concerns within the Telecommunication Department as relates to all classifications. The Carrier stated that they would review the issues presented and agreed to meet again in several weeks to discuss them further.

On February 21, 2008, VGC Pat Perry, AGC Randy Shell and I attended a meeting in Fort Worth with Union Pacific personnel, IBEW “Code of Excellence” representative Jim Prizmich, and the individual IBEW local union representatives. The meeting was held in order to discuss local involvement with developing best work practices and job site assessments (JSA) at the different locations.  It is my understanding that the Carrier is currently scheduling a follow-up meeting in Denver next month.

On the date of February 27, 2008, AGC Randy Shell and I met with KCS Director Labor Relations Jim Albano to address the outstanding issues and claims on the Kansas City Southern Railway. At this time we entered into a Public Law Board (PLB) Agreement with the KCS to arbitrate existing cases and those cases currently listed with the NRAB Second Division. Pending National Mediation Board approval, the date of April 16, 2008 has been tentatively set for arbitration.

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

1. Title 49 U.S.C. Section 20109;
2. RRB Job Vacancies for February 2008;
3. R.M. Speakman, Labor Member, Monthly Report.

With best wishes, I remain
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2