united transportation union
GENERAL COMMITTEE of ADJUSTMENT GO-386
Burlington Northern Santa Fe Railroad and Montana Western Railroad

Dear Sir:

This covers the conditions under which this Committee can meet on issues derived from BSNF’s ill-advised implementation of their Availability Policy.

If you expect me to meet under conditions listed in your letter of November 18, 1999, you are mistaken.

I will be in Ft. Worth on the 1^st of December, due to airline scheduling, however, I will not attend under your conditions.

Sincerely,

J.D. Fitzgerald
General Chairman

cc: C.L. Little
BNSF General Chairmen
GO-386 Local Chairmen
M.K. Rose
M.D. Dealy
R.L. Marceau

united transportation union
GENERAL COMMITTEE of ADJUSTMENT GO-386
Burlington Northern Santa Fe Railroad and Montana Western Railroad

Dear Mr. Fleps:

In regards to the above reference, discussions in regards to those issues can be accomplished under the following circumstances and conditions.

• The Availability Policy will be set aside until and unless an impasse in discussions occurs. Additionally, there will be no further mailing of informational letters on the Availability Policy to employees during the same time frame.

• The table will be cleared of any preconceived ideas, issues or determinations.

• Schedules permitting, NMB Chairwoman Magdalena Jacobsen or her designee will facilitate these discussions.

• Involved General chairmen will not incite, via public relations or other communications, negative comment so long as the Availability Policy is not in effect.

If the outlined conditions are satisfactory, discussion can commence.

If the above conditions are satisfactory, please acknowledge in the appropriate space below and return one copy.

Sincerely

J.D. Fitzgerald
General Chairman

Gentlemen:

This is a followup to conversations to some of us have had recently about a resumption of discussions regarding the issues which gave rise to BNSF’s current Availability Policy.

We are very interested in addressing concerns expressed about the Policy by our employees and their union representatives. So, despite the recent arbitration award permitting the Policy to go forward, we are willing, under the following conditions, to honor your request that we set aside the current Availability Policy.

• We plan to set aside the current Policy for a period of sixty days beginning December 1, 1999.
  
• During the sixty day period, the parties will make their best efforts to meet and thoroughly address any specific problems with the Policy, and to consider alternate ways to solve the problems giving rise to the Policy.
  
• Schedules permitting, NMB Chairwoman Magdalena Jacobsen or her designee will facilitate our discussions.
  
• Labor leadership will respond in the same cooperative spirit with which BNSF takes this step, including in the area of public relations and other communications.
  
• BNSF takes this step entirely without prejudice to any of its existing rights, freedoms and prerogatives, and, in particular, fully reserves the right to activate and enforce the current Availability Policy or some variant at the conclusion of the sixty day discussion period, or sooner if any of the foregoing conditions is not fulfilled.

We hope you’ll be willing to meet with us in line with the conditions outlined above.

Very truly yours,

Attachment

cc: M. Jacobsen
E. Dubroski
C. Little
M. Rose
C. Ice

Mr. C. D. Davis General Chairman, UTU P.O. Box 621 Huntington Beach, CA 92648	Mr. J. D. Fitzgerald General Chairman, UTU 400 E. Evergreen Boulevard, #217 Vancouver, WA 98660
Mr. M. W. Geiger General Chairman, BLE Bank One Tower 500 Throckmorton, Suite 1820 Fort Worth, TX 76102	Mr. J. L. Holden General Chairman, UTU 2110 East First Street, Suite 112 Santa Ana, CA 92705-4095
Mr. J. A. Huston General Chairman, UTU 8100 Marty, Suite 100 Overland Park, KS 66204	Mr. R. D. Kerley General Chairman, UTU 227 East Sunshine, Suite 101 Springfield, MO 65807
Mr. K. W. Mason General Chairman, UTU The Meadows Center, Units 7&8 8250 West 80th Avenue Arvada, CO 80005	Mr. A. G. Morrison General Chairman, BLE 5410 Bell Street, Suite 409B Amarillo, TX 76058
Mr. J. R. Mullen General Chairman, BLE 611 North Broadway Joshua, TX 76058	Mr. T. R. Murphy General Chairman, BLE 3433 South Campbell, Suite O Springfield, MO 65807
Mr. R. R. Repstine General Chairman, UTU 709 West Littleton Boulevard,. Suite 30 Littleton, CO 80120	Mr. D. B. Snyder General Chairman, UTU 45 Southwest 7th Avenue Forest Lake, MN 55025
Mr. P. Tibbet General Chairman, UTU 2010 Southwest H.K. Dodgen Loop Temple, TX 76505	Mr. G. D. Welch General Chairman, UTU P.O. Box 477 Teague,, TX