June 2009

ALL LOCAL UNIONS

SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

The Federal Railroad Administration (FRA) has published a series of interpretations pertaining to new Hours of Service laws taking effect for certain freight railroad workers. The Rail Safety Improvement Act of 2008 made significant changes in Hours of Service requirements governing railroad workers. Among the major changes are: increases to the amount of off-duty time required between work tours and a prohibition against a railroad interrupting that time; caps on the number of service hours and limbo time hours, and; mandatory days off when someone initiates a tour of duty on six or more consecutive days. It is my understanding that the interpretations are of an interim nature as the FRA seeks further comments from the interested parties.

On June 1, 2009, the arbitrators in the FMLA remedy dispute awarded penalty payment to virtually every claimant who filed a procedurally valid claim where the carrier forced them to use paid leave as FMLA leave. The arbitrators decided that “qualified grievants are entitled to receive a day’s pay at their then-obtaining straight-time rates for each day that the carriers improperly required substitution of FMLA leave for scheduled vacation time or accrued but not-yet- scheduled personal leave days.” The Arbitration Agreement provides for the Award to become final 14 days after it is rendered. Therefore, this means June 15, 2009, as the Award was dated June 1^st. Following the issuance of the Award, this office commenced discussions with Union Pacific and finalized an agreement to resolve the outstanding disputes pursuant to the Award. The appropriate local chairmen have recently been notified of the settlement and claimant payment totals.

During the week of June 7, 2009, this office and staff attended the 2009 System Council No. 2 convention. Initially, I would like to thank all the delegates in attendance for their participation and input. I would particularly like to recognize the System Council staff for all their time and hard work which made for a successful and productive convention. I would also like to thank the delegates for their support and confidence in re-electing myself and Brother Pat Perry to the offices of General Chairman and Vice General Chairman. Moreover, congratulations to the following delegates who were elected to the System Council Executive Board:

Alex Avila                   -           Local 1911     San Antonio, TX
Joe Bycroft                 -           Local 650       Salt Lake City, UT
John Colding             -           Local 1829     Shreveport, LA
Jack Kramer              -           Local 214       Chicago, IL
Ron Lynch                  -           Local 807       Little Rock, AR
Darin Nearmyer         -           Local 1832     Kansas City, MO
Jay Ochoa                  -           Local 1814     Houston, TX
Randy Shell                -           Local 1758     Pine Bluff, AR
Don Tortorice            -           Local 889       Los Angeles, CA

As a result of recent action taken by the 2009 System Council No. 2 convention, Article V, Section 7 of the System Council bylaws were amended to reflect the change that a General Chairman’s report  shall be compiled and distributed on a quarterly basis rather than on a monthly basis. Also, such report may be forwarded to each affiliated local union either by mail and/or electronically. Therefore, pursuant to this recent amendment, the General Chairman’s report will hereafter be compiled and distributed on a quarterly basis rather than each month.

On the date of June 16, 2009, this office and IBEW Railroad Director Bohne’ participated in a conference call with BRS representatives and Union Pacific personnel to further discuss the Carrier’s implementation of Positive Train Control (PTC). We are currently scheduled to meet again with the Carrier in July in hopes of resolving some of our differences.

Throughout the month, the System Council staff has continued to assist the local unions with the handling of on-going claims and discipline appeals. We are currently awaiting decision from Public Law Board 7001 regarding those cases recently arbitrated. I will notify the respective claimant’s and local union as the decisions are rendered.

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

1. RRB News, June 2009 - “RRB Pays Initial Extended Unemployment Benefits Authorized by Recovery Act Legislation”;
2. RRB Labor Member Speakman’s letter – “RRB Financial Reports”;
3. RRB Job Vacancies list;
4. Employee Free Choice Act correspondence

With best wishes, I am

Fraternally yours,



Jim Wisniski
General Chairman

Enclosures

Cc:      IVP’s System Council 2

            Bill Bohne, Director of Railroads

            Pat Perry, VGC SC2

            Staff