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

Dear Sir and Brother:

This is in regard to the above referenced issue as well as the Article posted on the UTU International’s web site concerning legal action against the NCCC in the U.S. District Court for the Southern District of Illinois.

My concern issues from the statement in that Article concerning the “alternative” argument that Crew Consist is a minor issue subject to arbitration. I well remember the scenario from 1991 where we were forced to arbitration on that very issue, by PEB 219.

Please note the attached copy of my October 26, 2004, letter wherein this Committee joined National Handling on work rules, rates of pay, etc. In that letter you will also note this Committee did not relinquish the handling of Crew Consist issues, which are under the jurisdiction of individual General Committees of Adjustment and have been historically held to be “Local Issues.” If the Article accurately expresses the intent of the United Transportation Union International, please so advise and provide the case identification in order that this Committee, GO-386, can properly intervene in our own behalf in that legal action.

Awaiting your response, I am,
Fraternally yours,
J.D. Fitzgerald
General Chairman


cc: C.J. Miller
R.L. Marceau
BNSF UTU General Chairmen
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	October 26, 2004
P.C. Thompson International President United Transportation Union 14600 Detroit Avenue Cleveland, OH 44107-4250	Re: November 1, 2004, National Handling

Dear Sir and Brother:

In regard to the above reference and with respect to the September 28, 2004, Las Vegas District No. 1 meeting, wherein all BNSF UTU General Chairmen requested the Associations permission to be excused from national Handling, this will serve as further advice.

Whereas, this Committee previously joined in National Handling with regard to Health and Welfare, this will further advise that this Committee, GO-386, should be added to those General Committees joining National Handling for this round of contract negotiations open for notice on wages, work rules and working conditions to be served on or after November 1, 2004.

This will further advise that GO-386 does not relinquish Local Handling of issues regarding consist of crews, which has historically been classified as a Local Issue.

With best wishes, I am,
Fraternally yours,
J.D. Fitzgerald
General Chairman


cc: R.L. Marceau
C.J. Miller, III
D.R. Howard
J.L. Schollmeyer
D.L. Allard
F.E. Thurston
GO-386 Local Chairmen
BNSF UTU General Chairmen