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

Dear Mr. Kerley:

This is in regards to the above reference and concerns the application of the referenced Agreement and proposed Local Agreement at Common (consolidated) points and in Consolidated Locals.

I will not question your rights of autonomy or obligation to make and maintain agreements. I will, however, question the logic of and respond to, such Agreements and proposed Local Agreements with regard to common (consolidated) points and Locals.

By copy of the attached letter to all Local Officers to which this office reports, my concerns and distaste for the proposed Local Agreement should be clear from a reading of that attachment.

You have the autonomy to act as you desire where you jurisdiction is singular. However, I believe you should reconsider your actions in regards to our common (consolidated) points and Locals.

I await your response and clarification of application in the common points and Locals.

Sincerely,

/s/J.D. Fitzgerald
General Chairman


cc:    G.O. Hartsock
D.R. Howard
J.L. Schollmeyer
BNSF UTU General Chairmen
BLE General Chairmen

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

Dear Ladies and Gentlemen:

This is in regards to the above reference and attached Memorandum of Agreement and proposed Local Agreement.

The enclosed Agreement and proposed Local Agreement are not a product of this office and, in fact, are in opposition to the stated positions of this Committee and the undersigned.

The undersigned and this Committee adamantly oppose any auditing of work practices or rules compliance by members or officers of this Committee. Anyone who would consider involvement in such "work practices and observations and reporting" should also consider how the information is gathered and how that information will be used by the Carrier and how the collection of that information will be portrayed to any agency or outside entity.

We have all seen how the BNSF management put the spin on UTU and BLE involvement on "Attendance (Availability Policy) Guidelines" meetings. Information and statistics gathered by UTU observers will receive the same type spin when presented to the FRA and other federal agencies by the Carrier stating: "These figures were gathered by the UTU."

In regards to Safety Committees, nothing will be accomplished until BNSF starts listening and actually starts "walking the walk instead of just talking the talk." Further, we have yet to see any recommendations issued by the joint UTU-BLE-BNSF Committee formed at the Kansas City Safety Summit.

Nothing presently prevents any officer or member from raising, reporting and inquiring about unsafe conditions and reports. A free lunch by agreement will add nothing at this point.

I request that you all look carefully before you leap.

With best wishes, I am,

Yours truly,

/s/J.D. Fitzgerald
General Chairman

cc:    G.O. Hartsock
D.R. Howard
J.L. Schollmeyer