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

Dear Gentlemen:

As you can see by the enclosures, we have received an offer by BNSF to meet on the "Availability Policy." As of this time the BLE has evidently agreed to meet under Mr. Fleps conditions, as expressed in his letter of November 18, 1999.

Several UTU Chairmen have likewise decided to meet with Mr. Fleps in spite of those conditions.

I believe most, if not all, of you know me well enough to understand the position I now take. I will not meet under Fleps conditions to even consider the "Availability Policy" or changes thereto.

I will meet under the non-burdening conditions listed in my response dated November 18, 1999. Chairman Mason has modified those conditions to a degree as shown in his November 18, 1999 letter. Those conditions are equally acceptable.

My position is taken because to meet and modify the BNSF’s policy would, in my mind, be giving validity and acceptance to any modified policy that may be developed.

I cannot know if BNSF and Fleps will accept the conditions I list or those listed by Chairman Mason. I have made arrangements to meet on the New York Dock Section 4 Notice on December 2, 1999 and will meet with Fleps on December 1, 1999, if either Mason or my and Chairman Repstines conditions are accepted.

In the meantime, it is necessary that we proceed as if the policy will be in place December 1, 1999. To that end, please refer to the enclosure titled "Strategies to Combat BNSF Availability Policy."

I ask that you make the membership aware of these strategies and apply them.

This is not a holy war, this is a battle and war for what is right and humane for all members.

With best wishes, I am,

Yours truly,

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

Dear Sir:

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 such time as either an agreement has been reached, or an impasse occurs. (It is understood that during this period of time no further mailings of informational letters on the Availability Policy to employees will take place. It is also understood both parties will endeavor to meet as often as possible and necessary in order to expedite the handling of these matters to completion.)

• The table will be cleared of all preconceived ideas, issues and/or determinations. Both parties will start with a clean shape in good faith bargaining in order to reach a satisfactory agreement beneficial to both parties and addressing both parties concerns and needs.

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

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

If the outlined conditions are satisfactory, please acknowledge your concurrence below and contact the undersigned ASAP so arrangement can be made to initiate discussions.

Sincerely,

K.W. Mason
General Chairman, UTU

cc: C.L. Little, President, UTU
Magdalena Jacobson, Chairwoman, NMB
BNSF General Chairmen

Strategies to combat BNSF Availability Policy

1. Take your name off any and all overtime work lists

2. If you are bumped off a job, take your full 48 hours to mark up. (The Carrier may take the position that this time counts against availability. We assert that this is a right guaranteed by contract and may not be abridged.)

3. Do not volunteer to accept non-contractual assignments that relieve Carrier officers from performing their administrative duties.

a. Do not conduct rules classes or safety marathons.

b. Do not relieve the trainmaster on his/her day off.

4. Insist on strict compliance with milage regulations for extra boards and pools.

5. On the first of each month, request that the Carrier assign you to all of your days off for that month under the availability policy. If Carrier fails to assign and does not otherwise comply, file a claim of one basic day for each day denied.

6. The Organization will continue to evaluate our participation in work/rest days off agreements. We are disinclined to make agreements favoring one segment of our members while other labor under this unjust policy.

7. Employees should respectfully resist and immediately report any efforts by Carrier supervisors to shortcut any safety procedures.

8. Employees assigned to conductor-only service should exercise the right conferred in Q&A No. 6 to Article I of the May 20, 1993 Crew Consist Agreement:

Q. Can an employee refuse to commence or continue to work with less than the required crew consist or to perform more than the number of initial or final terminal work events described in this agreement?

A. Yes. An employee is not required to work with less than the basic crew except in conductor-only service. A conductor working alone pursuant to Article I, Section 2 can refuse to perform station switching between terminals or to perform more than the number of work events prescribed by PEB 219 at initial or final terminals where yardmen are employed and on duty.

 

9. Familiarize yourselves with your rights and the Carrier's responsibilities under the Family and Medical Leave Act.

10. As an organization, UTU can publicize the Availability Policy's negative effects on the general public through paid advertising, interviews, and public interest stories. These efforts should be coordinated through the offices of the general committee