ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

This will be my last newsletter from this office under System Council No. 2.  I would like to personally take this time to thank all members and officers for their confidence, support and most of all, their help in supporting of the office of System Council No. 2 and I know that you will continue to support your incoming General Chairman Brother Jim Wisniski and his staff.

It is very important that each and every Local Chairman and President monitor the Carrier’s abuse of Rule 37 when they subject one of our members to a Level One (conference) which they claim is not discipline.  However, if you will note, in their policy it states that that three Level One’s in a six month period will constitute a Level Two which results in discipline.  Therefore, for the Carrier to arbitrarily and capriciously assess a conference without the approval or knowledge of the General Chairman will be allowing the Carrier to give discipline at will regardless of the circumstances.

We had an incident at North Platte, Nebraska, where the sand gantry crane failed on account of having improper cables and the backup system (hand brake) failing which caused severe injuries to two (2) F&O employees.  The Carrier gave one of our brothers a conference (Level One) to which this office is taking strong exception to on account there was no electrical wiring nor electrical mechanism that failed that would justify his being conferenced. 

Our Local Chairmen should demand that a hearing be held when an employee is conferenced (Level One) in a situation which he has no control or which is irrelevant.  The Carrier’s policy when it results in discipline cannot waive the rights of a hearing when the outcome is discipline.  Keep in mind that the Carrier cannot administer more discipline for having a hearing than not having a hearing. 

It has also been brought to the attention of this office that the Carrier is requiring an employee to travel to Omaha, Nebraska, at their own expense for EEO schooling if their alleged violation is an EEO offence.  CMO Barry Kanuch agreed at my convention that an employee would not be required to travel at his own expense for training on EEO.  Even though some employees may agree to do this, the undersigned is not agreeable because maybe not all of our employees would be financially able to meet this requirement to return to service.  I am currently in the process of resolving this matter with Labor Relations.  In short, a Local Chairman cannot agree to have the employee pay money as a condition for his return to service over and above the lost time.  Notwithstanding, the geographical location will be different for employees not located in Omaha, Nebraska.

Brother Hill has put out a letter to all Local Unions in reference to the LM-2 reports.  These LM-2 reports must be taken very seriously and even though the Financial Secretary may fail to file these reports and these reports should be filed by certified mail—return receipt requested so that you have proof that these forms were filed.  If the Department of Labor claims that we did not file a form, we have the green card to show that it was properly filed as a receipt.  All Presidents are responsible for all officers and therefore, it is the President’s responsibility to see that these matters are properly taken care of.

With best wishes, I remain
 

Fraternally yours,

Vic Janecek

General Chairman, SC#2