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

Dear Ms. McGinn and Mr. Smallwood:

In regard to the above reference, an example of the ridiculous handling required by Carrier was demonstrated this past weekend.

At Minot, ND South, an employee attempted to lay-off sick on Saturday, April 15, 2006. There were ten (10) employees on the extra board with one (1) vacancy. The employee attempted to lay-off and was denied. He called a trainmaster and was told he would have to contact the Superintendent. He called the Superintendent and got voice mail.

I realize BNSF would prefer Labor acknowledge their “slave” status, however, any realistic entity would understand the process initiated by BNSF is not realistic in approach or execution.

BNSF must provide the individuals with authority, the number that can be used for contact and ensure there is an authorized person available 24-7.

Please provide the above information and contacts for each crew base under this Committees jurisdiction.

Sincerely,
/s/J.D. Fitzgerald
General Chairman


cc: R.L. Luther
S.A. Goodall
M.A. Kotter
D.R. Howard
J.L. Schollmeyer
D.L. Allard
GO-386 Local Chairmen

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

Of Counsel M. M. WINTER G.O. HARTSOCK	April 21, 2006
J.J. Fleps Vice President-Labor Relations BNSF Railway Company P.O. Box 961030 Fort Worth, TX 76161-0030	Re: System General Notice No 938

Dear Sir:

In regard to the above reference please not the attached copy of Notice No. 938.

The initial paragraph of that Notice reads as follows:

“Beginning the week of Monday May 8, 2006 the process for submitting pre-approved personal layoff days into the Crew System will change. Changes made in this system will now  prohibit the user from requesting more than six days off in a rolling (90) day period.”  (Emphases added).

For clarification “pre-approved personal lay off days” include personal leave days (paid)  single day vacation days (paid) and other unpaid layoffs.

Such action, in restricting use of P/L days or single day vacation days to not more than six (6) days in a rolling ninety (90) day period, is a unilateral change in agreements  and working conditions.

Neither this office, nor the undersigned, have received any communication from BNSF seeking discussions or negotiation on such modification.

Please advise under what authority BNSF acts in issuing Notice No. 938, with such  response received by the undersigned no later than May 5, 2006.

Sincerely
/s/J.D. Fitzgerald
General Chairman

 

Cc: C.R. Ice (COO)
P.C. Thompson
R.L. Marceau
C.J. Miller
BNSF UTU General Chairmen
Go-386 Local Chairmen