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

This office was notified by letter dated February 27, 2006, that the proposed General Switching Limits settlement failed to ratify by the former NP Committee. The above letter also advised of Carriers intent to proceed to arbitration on the original requested extension of switching limits.

We had negotiated, what we considered a compromise that would have minimally limited the extension of General Switching limits and still would have achieved some relief in the operation of grain flips to Kalama/Longview, WA.

Arbitration of General Switching Limits, based on history, does not bode well for the limitation achieved via negotiations. If the Carrier is successful, Rocky Point and all locations between Rocky Point and Portland/Vancouver will become a part of the Portland/Vancouver Terminal and will come under the SP&S Schedule for Yardmen. While this increases the SP&S yard territory, it also brings with it, other complicating issues, which will be addressed in the near future.

This is for your information and digestion.

With best wishes, I am,

Yours truly,

/s/J.D. Fitzgerald
General Chairman

February 27, 2006

File: Portland/Vancouver Extension General Switching Limits

Reference to the Carrier’s notice dated August 19, 2005 requesting to extend the general switching limits at Portland, OR/Vancouver, WA pursuant to the provisions of Article VI of the January 27, 1972 UTU National Agreement.

The parties met to discuss the Carrier’s proposal on various occasions wherein we tentatively agreed to the proposed extension of switching limits at Portland/Vancouver. However, Associate Chairman Virgin advised this office on Friday, February 24, 2005 that the respective local chairmen on the former Northern Pacific rejected our tentative agreement; therefore, you will not agree to the Carrier’s proposal for extending the general switching limits at Portland/Vancouver and the establishment of road switcher assignments. Since you are unwilling to agree, the Carrier is left with no alternative; but, seek a resolution through arbitration. Therefore, pursuant to Article VI, Section 1 of the January 27, 1972 UTU National Agreement, notice is hereby given that the Carrier intends to take this issue to arbitration for final and binding resolution.

It is the Carrier’s intent to extend the general switching limits at Portland/Vancouver eastward to MP 32.8 at Mt. Pleasant, WA and northward to MP 95.0 at Rocky Point, WA as originally proposed. Furthermore, any enhancements contained in the tentative agreement, i.e., trainmen exceeding the mileage in a basic day to qualify for terminal yard miles when they traverse beyond the center of the yard, is hereby rescinded. The Carrier does not believe that the employees should receive benefits in arbitration that they have rejected in the negotiation process. Therefore, any enhancement, such as the mileage payments, are withdrawn from our proposal since your committee failed to ratify the agreement.

Appended hereto is a proposed Public Law Board Agreement to establish a Board to hear and decide this dispute. I am also sending a copy of this letter to the National Mediation Board in order to expedite the process as well as a copy to the National Railroad Adjustment Board for their information.


Sincerely,
/s/R.L. Luther



cc: S. A. Goodall
R. D. Jackson
R. T. Bartoskewitz
D. S. Ness
W. A. Bell
D. L. Markos
D. R. Pierce
J. K. Ringstad
J. A. Faust
D. R. Pierce
NMB – Rollin Watkins
NRAB – Linda Woods