ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

As pointed out in my September correspondence, the U.S. Department of Transportation delayed its implementation of regulations requiring a new observation method for federally mandated observed return-to-duty and follow-up drug tests until November 1, 2008.The Court of Appeals recently issued an order which stays the Department of Transportation’s mandatory direct observation urine specimen collection rule temporarily while the court considers whether to stay the rule for the duration of the litigation. This Order has no reflection on whether they will grant the longer stay requested. In addition to specimen collection procedures, please find attached the latest list of certified laboratories set forth in the Federal Register for those railroads subject to Part 219 drug and alcohol testing.

Arguments pertaining to the national FMLA issues within the railroad industry are scheduled for arbitration before a National Arbitration panel on November 12, 2008. The parties’ Initial briefs and reply submissions were exchanged in October, 2008, which include disputes between the Rail Unions, including the IBEW, and the BNSF, UPRR, CSX and Norfolk Southern Railroads. I will keep you updated as to the outcome of this matter.

On October 16, 2008, President Bush signed the Rail Safety Improvement Act of 2008 and the Passenger Rail Investment and Improvement Act of 2008. These bills were combined in the U.S. Senate and passed on October 1, 2008. It has been noted that this was the most comprehensive rail safety bill in more than 30 years to which Rail Labor worked very hard to get passed. Please find attached a brief overview of the major previsions contained in the Act.

It has been brought to my attention that the deadline for applying for the Union Plus Scholarship is January 31, 2009. The scholarship is available to child dependants of IBEW members and other AFL-CIO affiliate unions. The application for the Union Plus Scholarship can be accessed online at www.unionplus.org/benefits/education/scholarships/up.cfm.

During the week of October 1, 2008, AGC Don Tortorice together with Ninth District International Rep. Kelly Foster toured the Progress Rail facility in Rockland, California and met with the officers and members of IBEW Local 800. During the week of October 13, 2008, I and Vice Chairman Pat Perry attended the UPRR General Chairman’s Association meeting. On October 24, 2008, AGC Randy Shell met with the officers of Local 1814, Houston, Texas. On October, 25^th, Brother Shell later attended the retirement party for former President of Local 1814, Raymond Pantoja. Our congratulations and best wishes go out to Brother Pantoja and his family and wish him a long and happy retirement.

During the week of October 27, 2008, I, VGC Perry, AGC Tortorice and AGC Shell attended several meetings with Union Pacific in Omaha, Nebraska. During this period, the System Council staff met with Union Pacific Labor Relations to discuss outstanding claims and grievances. On October 28^th, the System Council together with ten Local Chairmen met with UPRR personnel to discuss topics relative to the Mechanical Locomotive departments’ business focus, lean processes, safety overview, training and other issues of concern. I want to thank the local representatives for their participation and input during this meeting. On October, 29^th, the System Council staff along with Telecom AGC Dave Starkjohann met with UPRR Labor Relations and Telecom General Director Neal Spencer to discuss our outstanding issues and concerns affecting the IT Department. We are scheduled to meet again in November with hopes of resolving some of these issues. On October 30, 2008, AGC Shell met for a claims conference with Kansas City Southern Labor Relations in Kansas City, Missouri.

During the month of October, IBEW “Code of Excellence” Liaison Jim Prizmich met with the members and/or local officers of Local 1920 at the South Morrill and North Platte, Nebraska facilities as well as Local 1814, Houston, Texas.

I am currently awaiting decisions from Public Law Board 7001 which was held on September 17, 2008 involving ten disputes with Union Pacific Railroad. I will notify the appropriate local unions and claimant(s) as soon as the Awards are rendered.

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

1. Rail Safety Improvement Act summary;
2. Federal Register Certified Laboratories;
3. RRB Labor Member Speakman’s newsletter for October 2008;
4. RRB Job Vacancies list for October 2008;
5. RRB October 2008 Informational conferences

With best wishes, I remain
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2