ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

In my December 2007 report, I advised of the Carrier’s intent to appeal the prior ruling(s) concerning the Family & Medical Leave Act litigation between the Rail Unions and Rail Carrier’s to the Supreme Court for final consideration. On January 14, 2008, the Supreme Court announced that it denied the carrier’s petition for a writ of certiorari. This means that the federal court part of this dispute should be over. Unless the Carrier’s reconsider a settlement, we will now have to arbitrate the various claims that have been filed as a “minor dispute” under Section 3 of the Railway Labor Act.

In September 2007, Aetna Insurance Company began conducting a “dependant audit” questionnaire of all employees participating in the Railroad National Dental Plan. The freight Railroads, through a mutual agreement with Rail Labor, will be applying the results of the audit to all National plans including Health, Dental and Vision. On Amtrak, for the time being, the results of the audit will only affect Dental benefits. The audit has been ongoing since September 2007 when the initial letters were sent out. Follow-up letters were sent out in December 2007 to all employees who had not responded. IBEW Railroad Director Bill Bohne’ recently advised that there are still approximately 140,000 dependants not verified. Of these 140,000, the IBEW has approximately 2,600. Brother Bohne’ further advised that Aetna will be sending out final letters to all non-responders soon; and, those employees who do not respond to the audit will risk loss of dependant benefit coverage, including health, dental and vision. Therefore, it is imperative that any member, who has not yet completed the dependant audit, should do so as soon as soon as possible.

On the date of January 8, 2008, myself, AGC Shell and the Shop Craft Coalition General Chairmen met with Union Pacific personnel in Omaha to discuss a recent audit conducted by the Federal Railroad Administration (FRA) concerning the Carrier’s compliance with the DOT drug & alcohol testing regulations as relates to employees performing hours of service (HOS) work. Such work includes work on coded cab signals, locomotive moving, and work performed when an employee attaches himself with a train crew.

As a result of the foregoing audit, the FRA determined that employees performing HOS work will remain in the random DOT test pool for 90 days unless they perform covered service again in the 90 days, which would subsequently, extend their time in the pool. In the years past, the Carrier applied their policy to include a 30 day stay in the pool. With regard to the FRA Pre-employment or Transfer drug test (also known as Test 15), the FRA also determined that many of the employees who may be required to perform covered service did not have a pre-employment/transfer test on file, prior to being assigned to HOS work. This includes employees who are assigned or may be assigned to tasks that have been identified as HOS-covered work. In this regard, the Carrier is now researching its employee records to determine which employees have not yet had the proper drug screen FRA Pre-employment/Transfer drug test.

On the date of January 9, 2008, SMWIA General Chairman Willis Jepsen, VGC Perry, AGC Shell and I met with Union Pacific Labor Relations concerning ongoing issues relating to those employees working in the Southern Region Engineering Department. The issues discussed included the increased contracting out of work, employee staffing, employee attrition rates, and the local Management policies affecting the electricians and water service employees. As a result of our discussions, UPRR Labor Relations has agreed to research the matter with the Southern Region in an attempt to resolve some of these issues.

On the dates of January 22 – 24, 2008, the System Council staff attended arbitration with the Union Pacific in The Villages, Florida at Public Law Board 7001 before neutral arbitrator Don A. Hampton. At this time, the System Council presented eleven (11) cases before the Board. I will notify the affected locals and the respective Claimant’s as soon as the decisions are rendered, which will be forthcoming.

This office is currently negotiating a Public Law Board Agreement with the Kansas City Southern Railway in order to arbitrate the disputes with that Carrier. There are currently three cases pending with the Second Division National Railroad Adjustment Board which have not yet been heard. In the event an agreement is reached with the KCS, those cases will be pulled down and listed for final adjudication before the PLB together with any additional cases.

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

1. Health and Welfare Aetna Audit Dependant Update information; details
2. Federal Register concerning Certified Drug Testing Laboratories; details
3. Information from IBEW RR Director Bill Bohne’ and the FRA concerning Drug & Alcohol testing; details
4. Labor Member Speakman’s February newsletter;  details and
5. RRB Job Vacancies. details

With best wishes, I remain
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2