Jay L Schollmeyer 2nd Vice  General Chairman Email jay@jaysworks.com

John Fitzgerald will be out of town the rest of this week and asked that I get the word out to the members immediately.

On August 30, 1999 a judge granted the BNSF an injunction barring the UTU and BLE from striking over the Availability Policy, but it also requires the carrier to arbitrate the matter within 30-45 days.

The Availability Policy is in effect, in light of this heavy-handed attitude of the BNSF I would admonish all of our members to COMPLY with all instructions from the BNSF.

Do not discuss your layoff history with any company officer without having union representation with you. If you have to make any comment just reply, "Have I violated any schedule rules".

Layoff Requests

Anyone that is denied to layoff should claim a basic day. PLB 5969 Award 17 supports this claim

Claim Basic day account non-compliance of 1993 Crew Consist Article 3 Section 1

1. Except as provided in paragraph {c} of this section, separate guaranteed conductor and brakemen extra boards will protect all extra road service requirements. Guaranteed yard extra boards will protect all extra yard service requirements. This agreement is not intended to permit the establishment of combination road/yard extra boards where such boards are not presently permitted. The Carrier shall maintain a sufficient number of employees to permit reasonable lay off privileges and to protect the service including vacations and other extended vacancies. Except as provided in paragraph (g) of this Section, the Carrier will regulate the number of positions on the guaranteed extra boards established pursuant to this Article.

Reasonable time off

I know most of our people do not take as much time off as what the BNSF has said is reasonable (unassigned service, 2 weekend days & 5 week-days per month). I would encourage all of our people to utilize the time the BNSF says is reasonable.

JL Schollmeyer
2^nd Vice. General Chairman

cc: JD Fitzgerald

August 13, 1999
Fax

All BNSF General Chairpersons
Re: BNSF v. BLE and UTU, N.D.
Tex. (Judge Buchmeyer)

(Availability Policy)

Gentlemen:

This is to advise you that after the hearing held yesterday in subject case on the carrier’s motion for a preliminary strike injunction and our motion for status quo injunction, the Court found the issue of BNSF’s implementation of its availability policy to be a "minor dispute" under the Act. The Court issues a strike injunction from the bench, but it also required the carrier to arbitrate the matter within 30-45 days.

Dan Elliott of my office handled the hearing and advises the Court was sympathetic to our position, General Chairperson John Fitzgerald was an excellent witness, but in the end the Court could not overcome its view of the law that this dispute must be arbitrated. I will send a more detailed letter later about the arbitration. Please advise you Local Chairpersons so they may advise the membership of the Court’s decision.

Very truly yours,
Clinton J. Miller, III

General Counsel

cc: C.L. Little, International President
B.A. Boyd, Assistant President