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BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN

OFFICE OF THE GENERAL CHAIRMAN

274 HIGHWAY 310

ETOWAH, TENNESSEE 37331

June 4, 2009

FILE: GCA-2009

To the General Committee of Adjustment

ALL Divisions and Members

BLET CSXT Western Lines Engineers

Dear Brothers and Sisters:

I herewith submit to the 2009 Quadrennial General Committee Meeting a report of the handling given the matters acted on at the 2005 Quadrennial General Committee Meeting. All recommendations of the 2005 Constitution & By-Laws Committee that were adopted have been implemented and have remained unchanged except the resolution submitted by Division 782 as follows:

DIVISION 782 – ETOWAH, RESOLUTION NO 2: SUBJECT: Request to change Article 1, Section 6 of the GCA By-Laws to change the General Committee Meeting from Jacksonville, Florida to a location to be determined by General Chairman in July or August, which was later modified by the General Chairman to June, 2009. The intent of this request was made in order to hold the GCA meeting the week before the Southeastern Association meeting to allow BLET Local Chairmen who desired to attend the SMA Meeting immediately following the GCA Meeting.

This request was submitted to the each BLET Division by letter with the General Chairman’ s recommendation to hold the GCA meeting in Gatlinburg, Tennessee on June 4, 2009. 29 ballots were mailed with 27 ballots returned voting to approve the date and location change of the GCA meeting. Two ballots were not received if returned. Each Division was notified of the Constitutional change and the meeting was scheduled as intended by the request. Our file is now closed on this request.

DIVISION 782 – ETOWAH, RESOLUTION NO. 1: SUBJECT: Require the building lease of the General Committee Office to not exceed six months beyond the incumbent General Chairman term of election.

This resolution was inadvertently omitted from our General Committee By-Laws when the By-Laws were printed and produced by our office. The Constitution and By-Laws Committee was notified of this omission at this meeting by the General Chairman and will be corrected when the new By-laws are produced and printed as approved at this meeting. As information, the current lease is set to expire in October of this year with an option to renew at the same rate ($1,500.00 each month) for the next four years. There is no cost of living built into the lease and the current rate is $1,500.00 per month.

This request was fulfilled by this office, and our file will be closed when the new By-laws are printed after this meeting.

GRIEVANCES & APPEALS COMMITTEE REPORT:

Those issues which were considered and rejected were not considered.

DIVISION 782 – ETOWAH, CASE NO. 1: SUBJECT: Seniority issue involving Corbin District Engineer B.W. Carroll, S.G. Christian, and D.Z. Stedman, and their placement on the roster on the L&N Corbin District Engineer’s roster.

This dispute involved train service employees from two separate seniority district rosters having been selected for the Engineers’ Training Program, and the manner in which they were to have their name ranked or listed on the Engine service seniority roster where the engine service seniority roster overlaps the operating territory of the two separate train service seniority districts.

This case was pursued to Public Law Board No. 5916 as Case No. 101: The Chairman and Neutral, Robert E. Peterson, in Award No. 101 2 determined in his decision that Paragraph (1) of Section 3 of Article XIII of the 1985 UTU National Agreement intended that train and yard service employees on the overlapping seniority district be given consideration as applicants for engine service on the basis of their relative seniority standing in a manner that theoretically recognizes the two separate seniority districts to be one consolidated district on the basis of each individual’s date of seniority on each of the respective rosters. This would allow those train service employees who participate in and successfully complete the Engineers’ Training Program to have the same relative seniority standing on the engine service seniority roster as on their individual train service seniority roster as compared with others in a like position on the second, or other train service seniority roster. That is, an integration of the seniority rights of the affected employees by placement of all concerned onto the Engineer Corbin District Seniority Roster in the order of their relative seniority standing in train service. A tie breaker question was also involved in this issue and the Board found that the practice of using the employee’s birth dates to break the tie as an acceptable method to be used in resolving a so-called tie-breaker in seniority ranking.

CSXT corrected the seniority roster based the above decision and our file was closed.

DIVISION 26 – RICHMOND, CASE NO. 2: SUBJECT: Request the General Chairman to negotiate a change in Article XII (d) of CSXT 1-024-96 to modify the rule to allow any seniority district to reduce the 30 days to permit a 14- day seniority move as outlined in Article XII (d) of CSXT Agreement 1-014-96.

This case was handled in negotiations with the BLET System Agreement No. 1-023-07 and our agreement rule was modified to allow seniority moves every seven (7) days as provided by Article 81 of the BLET System Agreement. The agreement was ratified. This request was handled to a conclusion and our files were closed.

DIVISION 190 –HUNTINGTON, CASE NO. 3 SUBJECT: Request the General Committee of Adjustment take all steps necessary to investigate and bring under a common proxy, by committee, all CSXT Transportation employee owned stock acquired by the contributions to CSXT into the Employees’ BLET 401(k) plan and any other employee-owned CSXT stock gained by other methods be permitted to join in this common consolidation of shares.

This request was discussed in several meetings between BLET CSXT General Chairmen and no action has been taken at this time to move forward and bring all CSXT Transportation employee owned CSXT stock under a common proxy. The matter has not been progressed by this office and the BLET CSXT General Chairmen because of other pressing issues that has taken priority: however, your General Committee will continue to investigate the matter as time permits.

DIVISION 782 – ETOWAH, CASE NO. 4 – SUBJECT: Request the General Chairman to promptly address the issue of the carrier posting an absenteeism policy that is in violation of the Engineers’ Agreement and the Railway Labor Act. Request that the Carrier Notice be cancelled; and, if not, pursue this issue to a third-party arbitration.

This request was handled in numerous conferences with no real signifant progress made. The BLET CSXT Western Lines requested the National BLET for the authority to strike over the issue; however, after voting their committee to strike, it was determined the issue was a minor dispute under the Railway Labor Act. It was determined through extensive research this issue had been tested on the BNSF and the carriers immediately went to court and, as a result, the court’s rulings were to submit the issue to binding arbitration. The BLET was joined in arbitration by the UTU. The result of the arbitration awards of Public Law Board Numbers 6264 and 6265. The reading of the awards by the chairman and neutral member of the PLB, Richard P. Kasher, ruled the carrier was entitled to have an availability policy and that the implementation of such policy did not violate the collective bargaining agreement.

The CSXT BLET General Chairmen continued to meet with CSXT, and it became necessary to progress issues to a third party to adjudicate. We progressed several individual discipline cases to a third party and had several cases reversed; however, CSXT refused to change their policy, and it became obvious we would be required to progress each individual case to be determined on its own merits.

Therefore, your BLET CSXT General Chairmen in handling negotiation with CSXT on the System Agreement obtained several rules to improve the time off for our members. Some these improved rules are shown in our System Agreement: such as Article 10 (the ability to earn demand day off each quarter), Article 16 (improved number of personal leave day), (the scheduling of personal leave day throughout the week instead of allowing CSXT to determine when these day could be taken – Week end days are now available, (the ability to accumulate up 100 personal leave days), Article 18 (additional weeks vacation for engineers with over 30 years service) Article 36 (CSXT not able to call engineer on rest days), Article 40 (early mark off rule), Article 41 (rest rule – 10 hours undisturbed rest), Article 42 (late mark up rule), Article 45 A and C (off days), Article 45 B (dropping turns),Article 45 B (the pool and extra board drop rule) and Article 82 (improved the schedule of assigned rest days and the rotations of extra board rest days,) and the 7/2 rotating extra board without any additional reduction in the guarantee.

DIVISION 782 – ETOWAH, CASE NO. 5: SUBJECT: Request a revision of CSXT Labor Agreement 1-014-96, Article XIV to remove the one-sixth double penalty when Engineers mark off on guaranteed extra boards and make it one-twelfth.

This request was handled with the System Agreement and Article 82, Paragraph A, Section 10 reads as follows:

10.       Engineers, on other than a scheduled rest day(s) who miss a call, or are unavailable to protect their turn when it is called will have the bi weekly guarantee reduced by 1/14th on Monday through Thursday and one-half (½) on Friday Saturday or Sunday. The guarantee will only be reduced one time for each twenty-four (24) hour period.  The first 24 hour period will commence with the first miss call.  If the Engineer marks up before his turn is called in the second twenty-four (24) hour period, there will be no additional reduction to his guarantee.

Note 1:  Local Union Officers marked off on Union Business, who fail to perform any service during the bi-weekly period, will forfeit all guarantee for that bi-weekly period.  Local Chairmen and union officers (where appropriate) marking off on Union Business will otherwise only be charged 1/14th of the full bi-weekly rate for each twenty-four (24) hour period (if their turn would have been called) including weekends.

Note 2:    Engineers marked off for military duty, will only be charged 1/14th of the full bi-weekly rate for each twenty-four (24) hour period.  An Engineer will not suffer a one-half (½) offset against extra board guarantee when performing military service on the weekend (Friday, Saturday, Sunday).  Proper documentation will be required when requested.  A pro-rata offset of 1/14th will be assessed.  Engineers on extended military leave such as deployment or those re-called to full time military service will be handled in accordance with CSXT military leave policy.

11.       Engineers will not be considered as unavailable to protect their turn for guarantee purposes when marked off for any reason for which he receives compensation. 

Note:  Engineers receiving compensation on a rest day will not have such compensation included in his earnings for that pay period since he is not considered available thus does not receive guarantee for the day.

12.       Engineers missing a call while marked off for any reason will be removed automatically from the board and then marked up to the bottom of the board upon reporting for duty. 

Engineers who fail to report back before their turn is called will remain off for a minimum of twelve (12) hours.  Extra board Engineers will be automatically marked off on their rest days and automatically marked up at the conclusion of their rest days.  Engineers off for any reason prior to his rest days will be required to call CMC if they are unable to report after observing their rest days.

            13.       An extra board Engineer claiming extended rest or other than FRA required minimum rest after having been on duty eight (8) hours or less, will have his bi-weekly guarantee reduced by 1/14th (Monday through Thursday) or one-half (½) (Friday, or Saturday or Sunday) if as a result of claiming rest the Engineer is unable to protect a turn. An extra board Engineer claiming rest after having been on duty eight (8) hours or less will forfeit his bi-weekly guarantee if as a result of claiming rest the Engineer is unavailable to protect his turn when it is called on two (2) separate occurrences on weekend days (Friday, or Saturday, or Sunday) during a bi-weekly pay period.  This rule will not apply when an extra Engineer claims rest after working a second tour of duty in twenty-four (24) hours.  Claiming rest will not be treated as being "unavailable” except for guarantee purposes.

Upon ratification of the System agreement our files on this request was closed.

DIVISION 782 –ETOWAH, CASE NO. 6: SUBJECT: Request revision of the Daily Vacation and Personal Leave agreement in CSXT Labor Agreement 1-014-96 to automatically return scheduled daily vacation and personal leave days back to engineer when they work on such days in order for them to schedule at a later date.

This request was handled with our System Agreement and resolved with Question and Answer Number 2 in Article 16, Paragraph D (page 24) which reads as follows:

“Q.-2:    When does an engineer commence a Personal Leave Day if the turn is out of the terminal when said day is scheduled to begin?

A-2:    The engineer has up to one hour after registering off duty when he returns to his home terminal to cancel personal leave through the Crew Management Center, otherwise, personal leave commences with the off-duty time for a period of twenty-four (24) hours.”

DIVISION 782 – ETOWAH, CASE NO. 7: SUBJECT: Request an agreement that when demoted engineers are not used as Engineers, all earnings made while working as an Engineer would not apply against any Trainman’s guarantee or earnings and that each time a demoted Engineer is required to work as an engineer due to a lack of sufficient manpower that the Senior demoted Engineer is required to work as an Engineer due to a lack of sufficient manpower that the Senior demoted Engineers be added to the Engineer Pool or extra board for no less than 14 days. Amended by Division 156: This request was amended by Division156 to exclude engineers to remain on the mileage regulated pools for 14 days because such action could result in maximum mileage not being made by the Engineer’s assigned thereto.

This request was handled with the BLET System Agreement, and CSXT took the position that the trainmen’s guaranteed extra boards were under the jurisdiction of the UTU and that the BLET did not have the authority to negotiate a modification to any UTU agreement. We were not able to secure a rule that made it mandatory to add demoted engineers to the extra boards or pools when a certain number of demoted engineers were used during a bi-weekly payroll period or a seven day period; however, we did make some improvements in Article 73 – Mileage regulations with the regulation factors and Article 82, Paragraph A, 1 in regulating the number of engineers assigned to guaranteed extra boards. Article 82 now provides us with limited input into the increasing of Engineers to extra board, whereas before, the Carrier had total control of all extra board adjustments. Article 82 now provides the complement of Engineers on an extra board must be sufficient to protect known vacancies but not egregiously in excess of the need of the service. The mileage regulation factors of Article 73 are an active item listed for handling by your BLET Disputes Resolutions Committee as time permits. It is our goal to the improve the mileage regulation rules to make it mandatory for CMC to add one demoted engineer for each three demoted engineers required to work an Engineers vacancy during each seven day JAD period.

DIVISION 782 – ETOWAH, CASE NO. 8: SUBJECT: Request an agreement rule to require CSXT to provide the Local Chairman a copy of any letter of charge or discipline letter including couching/counseling letters.

This request was handled in negotiations with CSXT on the BLET System Agreement. Article 30, Paragraph B 1 b of the agreement reads as follows:

“b.         The notice shall contain a clear and specific statement denoting the charge or violation of which accused and listing the date, time, place and nature of the occurrence or incident that is to be the subject of the hearing.  The notice shall be sent in duplicate in order that the employee may transmit a copy to the employee’s representative, if the employee so desires.”

CSXT argued that because of the engineers being allowed to belong to either union (BLET OR UTU) that it would be extremely difficult to determine which Local Chairmen to mail the charge letter to and would not agree to guarantee that the BLET Local Chairman would be sent a copy of the charge letter to his/her home address through the normal mail system. This request was addressed in several meetings: however, in view of all the other improvements we made in Article 30, it was determined that we would move on to other priorities and not continue to belabor this request. When charges are preferred, the Locomotive Engineer should receive the charge letter in duplicate, and if desired, provide or notify the BLET Local Chairman of the charges. Also, copies of all charge letters are posted on the CSXT Gateway for review by the BLET Local Chairman.

DIVISION 463 – CORBIN, CASE NO. 9: SUBJECT: Request the General Chairman to negotiate an agreement rule that when an engineer is called up to active duty in the armed forces or is required to serve on weekends or any other periods, such time will count toward vacation entitlement as if said individual were working for the carrier and amended to require CSXT only charge one-twelfth deduction on the guaranteed extra board instead of one-sixth deductions for military duty.

This request was handled with the BLET System Agreement negotiations which resulted in Article 82, paragraph A, Section 10, Note 2, which reads as follows:

“Note 2:  Engineers marked off for military duty, will only be charged 1/14th of the full bi- weekly rate for each twenty-four (24) hour period.  An Engineer will not suffer a one-half (½) offset against extra board guarantee when performing military service on the weekend (Friday, Saturday, Sunday).  Proper documentation will be required when requested.  A pro-rata offset of 1/14th will be assessed.  Engineers on extended military leave such as deployment or those re-called to full time military service will be handled in accordance with CSXT military leave policy.”

ADDITIONAL REQUESTS MADE DURING THE 2005 GENERAL COMMITTEE MEETING:

1) SUBJECT: REQUEST THAT LOCOMOTIVES WITH WORKING AIR CONDITIONERS BE PLACED IN THE LEAD, LARGER TRASH CONTAINERS BE PLACE ON LOCOMOTIVE, ELECTRIC WINDSHIELD WIPERS PLACED ON LOCOMOTIVES AND THE SEATS BE IMPROVED.

These locomotive conditions requests were handled with the BLET System Agreement. Article 35 of the engineer’s system agreement was negotiated and implemented into the agreement. Promptly after Article 35 was implemented, this office pushed management to establish the cab committee to handle locomotive issues and problems to achieve and maintain safe, sanitary, and healthful cab conditions on locomotive. All CSXT BLET General Chairmen joined forces to pressure management, and the Cab committee was established. Brother Larry James was appointed by the Northern Lines General Chairman, and Brother J. T. Little was appointed to represent our General Committee by this office. These two Brothers have worked diligently with two other members of the cab committee (CSXT BLET Eastern Lines and the Conrail General Committee representative) to handle numerous issues and improvements on the locomotives. Numerous Locomotive Cab Committee reports have been provided to each BLET Division with detailed information of their handling and the improvement made.

Several of our delegates will recall one of the promises I made at the close of our General Committee Meeting in 2005 was to go work very hard to convince management to retrofit locomotives with air conditioning. I am very pleased to report that 50 CSXT locomotives will be retrofitted with cab air conditioning during 2009. Additional, there will be 14 GENSET locomotives and 14 SD 50 locomotives that are going through the re-build program retrofitted. There are also 17 others involved in special projects with the Jacksonville and Atlanta Division (81 plus the GENSETS). In regards to the Horn relocation project, 479 locomotives are complete with 1148 remaining. These will be completed by June 2010. Many of those locomotives are in storage due to the decline in business and will have the modification complete when they are placed back in service. Additionally, several of the applicable older locomotives will be permanently retired prior to 2010, which will reduce the number.

Brothers Larry James and J.T. Little have worked with your Locomotive Improvement Cab Committee this week, and they will jointly make a report immediately after the elections to the delegates at this meeting, which will be recorded and made a part of this meetings minutes. I am very proud of your Locomotive Cab Committee. You will find they are very dedicated and determined to provide and maintain safe, sanitary, and healthful cab conditions on locomotives. Their responsibilities are ongoing, and I believe the best is yet to come.

As you may know, we now have the right under Article 35 of the BLET System Agreement to provide recommendations for full and thoughtful consideration by CSXT prior to CSXT ordering new locomotives, or while formulating plans to modify or retrofit existing locomotive before the design and constructions changes in locomotive are made that may change safety or comfort features of the locomotive. I firmly believe your cab committee will have an excellent report at this meeting, and they will use the provisions of Article 35 to the maximum when meeting with management on locomotive conditions, which will always be an ongoing project.

In Side Letter number 22 of the System Agreement, CSXT agreed to continue making reasonable efforts to provide an engineer with air conditioned locomotives as the lead locomotive, if available within the engine consist. All of the requests made above are not completed at this time and will continue to be handled along with other Locomotive Cab requests by your Locomotive Cab Committee.

2) SUBJECT: REQUEST THAT OUR 401(K) PLAN BE HANDLED BY ANOTHER GENERAL COMMITTEE UNLESS A COST OFFSET WAS NEGOTIATED WITH THE OTHER BLET CSXT GENERAL COMMITTEES.

The reason for this request was because Brother Butch Strawser had handled the 401(k) plan for all three BLET CSXT General Committees ever since its implementation in 1996, and he had dedicated a considered amount of time in the handling of this plan. It was felt that the 401(k) should be turned over to another committee or the other committees compensate our General Committee to offset the salary paid to our General Secretary Treasurer in the performance of these duties.

Promptly after taking office, I met with the two other BLET CSXT General Chairmen and the Eastern Lines General Committee agreed to take over the administration of the 401(k) plan, which concluded my handling of this request and our file was closed.

3) SUBJECT: REQUEST THAT OUR HELD AWAY-FROM-HOME TERMINAL RULE BE IMPROVED.

This request was handled with the BLET System Agreement negotiations and the away-from-home terminal rule was improved to provide continuous time after held at the away- from-home terminal 15 hours. Article 9 of the BLET System Agreement reads as follows:

ARTICLE 9 - HELD AWAY FROM HOME TERMINAL

A. Engineers in pool freight and unassigned service held at other than the home terminal shall be paid continuous time for all time held after the expiration of fifteen (15) hours from the time relieved from previous duty. The rate per hour paid for the last service performed will apply. Payments accruing under this Article shall be paid for separate and apart from pay for the subsequent service or deadheading.

B. Should an Engineer be called for service or ordered to deadhead after pay begins, the held-away-from-home terminal time shall cease at the time pay begins for such service trip, or at the time the conveyance used for deadheading departs the terminal.

In November, 2007 in Atlanta, Georgia at a Disputes Resolution Committee Meeting, we learned we had a dispute on Z9 payments with CSXT. Z9 payments were payments at Nashville, Tennessee for detention time after 14 hours, and payments for a penalty days pay when CSXT did not deadhead the engineer home after laying over for taking rest for more than 20 hours. CSXT Labor Agreement 1-061-00 provided that Engineers working Interdivisional Service between Birmingham, Alabama and Nashville, Tennessee would earn detention time after (1) 14 hours until the 22nd hour, (2) placed on duty for a service trip or deadhead after laying over 20 hours or paid a penalty days pay of eight (8) hours, and (3) a mandatory rule to be on call for service for duty or deadhead at the expiration of 24 hours.

CSXT issued instructions to the payroll department to stop payment of the detention time after 14 hours and the eight (8) hours penalty payments after 20 hours on duty at Nashville, Tennessee to S&NA Engineers laying over in ID service at Nashville, Tennessee. We also had agreements at Atkinson that paid engineers detention time after 12 hours rest at Nashville, Tennessee, and one for Engineers operating between Loyal and to St. Paul detentions time after 14 hours rest. CSXT issued instruction for the payroll department to only pay detention time after taking rest for 15 hours over the entire system regardless of any local or memorandum agreement stipulating otherwise. This issue was immediately directed to the Disputes resolutions committee and progressed to Arbitration for adjudication.

Award No. 4- Case and Award No. 4 of PLB 7265 involved our dispute with CSXT over the application of Article 86 to pre-existing agreements where Held- Away-from-Home Terminal payments started earlier than at the 15 hour mark. Case 4 also involved our dispute with CSXT over so-called “Z-9” basic day payments that were payable at certain locations under pre-existing agreements, where engineers were not called or deadheaded from their AWFHT within the time prescribed by those local agreements. The Referee did not accept BLET’s position on the first issue in dispute. Accordingly, CSXT’s position that 15 hours is now the standardized start time for all Held-Away-From-Home Terminal payments were upheld. However, the Referee did accept BLET’s position that the “Z-9” payments were not in conflict with Article 86 of the SSA. Accordingly, those payments were paid; however, CSXT only paid them less the detention time previously paid, which has now generated another dispute that is being handled with the CSXT Labor Relations Department. We will handle this dispute to a conclusion with a view of collecting the additional penalty payments.

4) SUBJECT: REQUEST AN INCREASE IN OUR MEAL ALLOWANCE WHEN REQUIRED TO TAKE REST AT THE AWAY-FROM-HOME TERMINAL AND OUTLYING POINTS.

This request was handled in our negotiations involving our BLET System Agreement. Article 8 of the BLET System Agreement was negotiated, ratified and implemented, which reads as follows:

ARTICLE 8 - EXPENSES AWAY FROM HOME

A. When CSXT ties up a road service engineer (except short turnaround passenger Engineers) at other than the designated home terminal for four (4) hours or more, the Engineer will receive a meal allowance of twenty dollars ($20.00) and an additional meal allowance in the amount of ten dollars ($10.00) after being held an additional twenty (20) hours. Subsequent thereto, an additional ten dollars ($10.00) will be paid for every eight (8) hour period or fraction thereof, spent at the away from home terminal after the initial twenty-four (24) hours. All meal allowances shall be payable with a COLA adjustment. COLA payments shall be payable in a manner set forth in and subject to the provisions and on the basis of the “Consumer Price Index for urban Wage Earners and Clerical Workers (Revised Series) (CPI-W) (1967=100%), U.S. Index, all items unadjusted, as provided, as published by the Bureau of Labor Statistics, U.S. Department of Labor and hereafter referred to as the CPI. The first COLA adjustment of the meal allowance must occur in the first half of 2009.

B. Extra Engineers filling temporary vacancies at outlying points are covered under this Article, if the outlying point is thirty (30) miles or more from the terminal limits of the location where the extra board from which called is maintained.

C. Extra Engineers tied up at outlying points thirty (30) miles or more from the terminal limits of the location where the extra board that protects such assignment is maintained, may elect to receive a daily round trip automobile allowance at the prevailing IRS rate to and from his home in lieu of lodging with the concurrence of local supervision.

As many of you know, it was my position from the negotiations and implementation of this rule that the intent of this agreement rule required the payment of meal allowances when off duty at the away-from-home terminal and outlying points as follows:

Off Duty 04 hours - $20.00

Off Duty 24 hours - $10.00 (Total Due $30.00)

Off Duty 24 hours and 1minute - $10.00 (Total Due $40.00)

Off Duty 32 hours and 1 minute- $10.00 (Total Due $50.00)

Continuing each 8 hours thereafter

After the BLET System agreement was implemented, the BLET CSXT General Chairmen learned we had a difference in opinion as to the application and interpretation of this agreement rule. After many BLET CSXT Disputes Resolutions Committee meetings with CSXT Management, we handled this issue to Public Law Board Number 7265 as Case No. 2. The question at issue is shown below:

OUESTION AT ISSUE:

Question 2. Article 8 – Expense Away From Home

Does the language of Article 8 of the ratified Agreement provides’...an

Additional ten dollars ($10.00) will it be paid for every eight (8) hour period or

Fraction thereof, spent at the away from home terminal after the initial twenty-

-Four (24) hours', require payment for the away from home meal allowances

follows?

Off 4 hours - $20.00

Off 24 hours - $10.00 (Total Due $30.00)

Off 24 hours and 1 minute - $10.00 (Total Due $40.00)

Off 32 hours and 1 minute - $10.00 (Total Due $50.00)

Continuing each 8 hours thereafter

The decision rendered by Arbitrator Lynette A Ross issued on January 29, 2007 was in the affirmative and instructions were issued to the CSXT payroll department to pay all outstanding claims and implement programming to pay the meal allowance as stipulated by Award No. 2 of Public Law Board. Our file on this request and issues associated with the meal allowance was closed.

5) SUBJECT: REQUEST TO SET UP WEB SITE AND REQUEST FOR GENERAL CHAIRMAN TO ACTIVELY RESPOND TO EMAIL AND PUBLISH INFORMATION ON OUR WEB SITE.

When questioned about communicating via email to our members, I made it clear to our delegates at the 2005 GCA Meeting, that our office would establish and launch our own BLET Web site. Moreover, I gave a commitment to respond to email via the internet and broadcast information from our office to each Division as time permitted. Brother Bill Hardbarger’ daughter, Katie, who was extremely experienced in this field was contacted, and after the office was moved to Etowah, Tennessee, Brother Bill’s daughter created and launched our BLE web site during October, 2005 @ . As many of you know, this web site has grown and at my request practically all National Agreements have been posted by Katie. When we need information posted on our web site, Katie has always responded immediately to Shana, Bill or my request to post and maintain information. Currently, there are over 250 unique informational sites with over 500 pages that can be viewed by anyone who may access this site. Numerous Union Business and Company forms, agreements and agreement updates, including updated news, to name some of the information, have proved to be very valuable to our members. Our efforts to disseminate and educate you and our members of information necessary to assist you in the performance of your duties as Local Chairmen and information to our members via this web site has proven to be very valuable and beneficial to you and our members. I certainly appreciate Brother Bill Hardbarger’ daughter, Katie, and the excellent job she has performed for us. She deserves a very special “Thank You”. Our file on the request to establish a web site for our members and this office to use was closed, and the responses to emails and position of information is an ongoing project.

SUBJECT: REQUEST FOR UPDATED DISCIPLINE MANUAL AND EXPEDITE THE HANDLING OF DISCIPLINE CASES.

As many of you know, the handling of discipline cases became the number one priority of our office. The livelihood of our members is extremely important and when we have a dismissal case forwarded to this office, such cases are placed in a priority status to send to expedited arbitration. There have been a considerable amount of delays in the handling of discipline cases because the National Mediation Board cuts off funding at certain times each year and will not allow their assigned arbitrators to hear any cases. Then at times, the NMB will approve a certain number of days for the arbitrator to hear cases provided the Organization will travel to and from the arbitrator to hear the cases. This office has progressed approximately 133 cases to different arbitrators, with approximately 72 of these cases sustained for return to service with or without back pay and several of these cases had the discipline reduced in whole or part. The percentage of cases that were sustained in whole or part (including engineers returned to service without any earnings) is approximately 55 percent. We owe a special debt of gratitude to BLET Vice President Brother Marcus Ruff, who provided Brother David Bowen over 100 various submissions on different subject matters of discipline cases on a disk that we have used as a guideline to write practically all the submission cases progressed to Public Law Boards. Several Submissions were also provided to this office by the NS and the BNSF General Committees who also provided this office with several sample submissions. Armed with these submissions, Brother David Bowen prepared numerous submissions during the last 46 months. He was assisted by Brother Marcus Ruff, Shana, Bill Hardbarger, on rare occasion, and myself in the proofreading, editing and rewriting of several submissions. It has been a team effort to handle the workload of discipline cases, which has, in my opinion, paid off in the final results of cases progressed to Public Law boards.

I prepared a BLET Manual entitled BLET Investigation procedure, and Shana has made numerous copies and mailed it out to each BLET Local Chairman. The first Manual had a white cover and the second Manual had a blue cover. It is my hope that this investigation procedure manual became a very valuable tool for our BLET Local Chairmen to use as a guideline in representing our members at investigations. Please review and study this manual before each investigation. The single most important key in winning an investigation is preparation. You must be prepared. In order to be prepared, you must develop a defense. Numerous union representatives do not understand the investigation process. Most think the primary purpose is to convince the railroad that the charged employee is not guilty. Wrong! The real purpose is to convince the arbitrator. Please remember, we have a workshop scheduled this Saturday after our General Committee meeting with BLET First Vice President, Brother Paul Sorrow and BLET Vice President Dennis Pierce, who will serve as instructors for those Local Chairmen who desire to remain after the meeting to attend and improve or learn new skills on Set up web Site (Bill Daughter - Katie)

Almost immediately after I took office in 2005, Hurricane Katrina struck New Orleans and which had devastating effects on that portion of the railroad and the employees we represented on the NO&M and Pensacola District. It also impacted Seniority districts north of Mobile, Alabama that moved traffic to and from Mobile and Pensacola, i.e. M&M, A&WP and S&NA districts. In late August, I held numerous meetings with CSXT to transfer Engineers for gainful employment and the rerouting of traffic through other CSXT gateways at Memphis and St. Louis.

I met with CSXT several times in late August and September, 2005 and negotiated a Hurricane Katrina Emergency Re-route Agreement and STB Temporary Trackage Rights to cover operations while CSXT’s traffic was re-rerouted over Norfolk Southern pursuant to overhead trackage rights provided for in STB Finance Docket No. 3472. This agreement established guaranteed Engineer Pools in Meriden, Mississippi to protect re-routed trains traversing this line of road. Meridian, Mississippi was established at the home terminal and New Orleans, Louisiana was established as the away-from- home terminal for the South Pool and Birmingham, Alabama was established as the away-from-home terminal for the Engineer North Pool. The agreement required a guarantee of $2,450.00 bi-weekly for the Meridian North pool and $2,850.00 bi-weekly for the Meridian South Pool. These two pools were provided with two (2) consecutive off days that rotated weekly along with lodging both at their home and away-from-home terminals, whether on duty or at rest. A lodging allowance was provided in lieu of lodging for engineers who elected to not use lodging at either the home terminal or the away-from-home terminal and an allowance if they did not elect to utilize lodging on their rest days. My primary goal to provide all Engineers impacted by Hurricane Katrina with employment at other locations over the system, in addition to employment close to home to protect the re-routed traffic was accomplished and kept in place until the track was re-built form Mobile to New Orleans and the traffic returned was accomplished.

Almost one year later, in September, 2008, Hurricane Gustav denied CSXT access to New Orleans again, and we entered into a similar agreement to re-route the traffic over the Norfolk Southern Railroad (NS) with a crew base at Meridian, Mississippi and at New Orleans, Louisiana.

In August, 2005, we were served a notice that CSXT would file with the STB a request to sale/lease the rest of its rail line from Evansville, Indiana on the St. Louis District and allow an acquisition by the P&L for 20 years on it line running between Evansville, IN and Oakville, IL. The application was approved and we negotiated an implementing agreement with New York Dock protective conditions for the St. Louis prior rights employees.

When I took office, we also had an agreement on the Indiana Railroad left by my predecessor that had failed ratification. I met in several meetings with the Indiana Railroad in an effort to improve the agreement, in hopes that that the members would approve and ratify the improved proposal. We finalized a proposal, which was ratified in early January, 2006. This agreement is a sub-standard on what is classified as a short line railroad. However, it was determined later that CSXT owns approximately 80 plus percent of the Indiana Railroad Stock; therefore, we believe the next round of bargaining on this railroad will produce a much improved agreement for these Train Operators.

The Indiana Railroad acquired the Canadian Pacific Rail Latta sub-division in 2006, as approved by the surface Transportation board (STB) in Finance Docket No. 34783, and we arbitrated several issues involving seniority in March with the final decisions rendered in April, 2006.

The next major undertaking by this office was numerous meetings with CSXT in working together with Brothers Paul Sorrow, Tony Smith, Rick Finamore, and Tom Roberts to negotiate the BLET System Agreement. We met almost one week per month at various locations through March, 2007 until a final proposal was finalized and placed before the membership for ratification. Meetings were scheduled over the entire CSXT property and a membership vote was taken. I traveled to practically every BLET Division within CSXT and explained the agreement to our members. The agreement was ratified and numerous prints of the agreement were reviewed and proof read for errors and corrections made several times. A copy of the Agreement dated April 25, 2007, was provided to each member in February, 2008.

Several meetings were held with the Terminal Railroad – Alabama state Docks during 2007 and 2008 to re-negotiate their agreement. This was completed in May, 2008 and the agreement was ratified in June, 2008. Brother Paul Sorrow assisted me in the negotiations and handling of this agreement. Brother Dennis Peirce, BLET Vice President also assisted me in finalizing and ratifying the agreement. The TR-ASD Engineers Agreement had not been updated and revised since 1984; therefore, subsequent to the implementation of the new agreement rules that were negotiated in the last round of negotiations, I worked with the Alabama State Docks officials and our BLET Members and Terminal Railroad BLET Local Chairman to revise and codify all the agreement rules that had been negotiated since 1984. This project was completed in April, 2009 and we printed, produced forwarded a sufficient number of the revised agreement to BLET Local Chairman, Brother Milton Dean in May, 2009. I should add that we gained a rule that requires the Terminal Railroad to install air conditioners on all TR-ASD Locomotives, which I am certain will prove beneficial to the comfort and safety features on their locomotives in the future.

The Disputes Resolutions Committee has met numerous times since the agreement was issued and issued several interpretations letters that have been forwarded to each BLET Division. This will be an ongoing project for some time, and I am certain there will be more issues that will end up in arbitration for adjudication. The BLET CSXT Single System agreement, contrary to what some individuals would have you to believe, is at this time in the opinion of your BLET CSXT General Chairmen the best overall Railroad Agreement in the United States. We will, of course have disputes with CSXT as to the intent of several agreement rules, simply because CSXT has buyer’s remorse over certain agreement rules that are considered very costly to the Carrier. This System Agreement was a major undertaking, and it was a team effort of three General Chairmen and our BLET Vice President, Brother Paul Sorrow.

Just to name a few of the improved agreement rules, we negotiated and obtained in this agreement are the (1) Fifteen dollars per basic day in freight and yard service plus $0.15 per overmile for any and all trips in such service (2) Perfect Attendance award of 20 shares of stock each six (6) months, (3) performance bonus program, (4) Snap back provision, which has placed us in a much improved bargaining position for the next round of on property negotiations this year, (5) improved 402(k) match under Article 7, (6) Meal allowance as described on page 11 and 12 of this report, (7) Demand days off (8) Compensation for lost time when required to take a FRA physical (9) Increase of personal leave days for Engineers with less than 15 years of service (10) 6 weeks vacation for engineer with 30 or more years of service (11) improved lodging agreement (12) Road lunch for all road service (13) improved lodging agreement (14) improved pay for Engineer Trainee Instructor to $282.85 and engineers held off for special service, i.e., safety, Critical Incident, Operation Red Block, Operation Life Saver and other special duties (15) improvement in Article 30 – Investigation and Discipline Rule-Procedures (16) improvement in our Locomotive Standards (17) Scope Rule (18) Run Around Rule (19) early mark off and late mark up rule (20) Rest rule (21) Doubling hill rule (22) yard rate of pay and improved working condition on work trains, (23) one turn rule at the away-from home terminal …. and the list goes on. I could list many more improved rules; however, in the interest of not belaboring the point and taking up too much time, I encourage you to thoroughly take time to study the BLET CSXT System agreement because there are many more improved agreement rules in this agreement. Each of you today will receive a new agreement book with all the updated interpretation letters and side letters indexed by Article number as printed, copied and produced by our office for your future reference.

The back log of time claims that preceded the BLET System Agreement have been settled in conferences with management except for a few head/tail room claims and all FMLA claims on file. These FMLA claims are waiting on a remedy to be determined through arbitration that is currently being handled by our national office. All settlements were made and paid prior to the end of 2008.

This report in no way represents all the issues, time claims, discipline cases agreements, interpretations, and rulings that have been handled by this office during the last 46 months. As you know, we have responded to thousands of telephone calls, thousands of emails and handled an enormous work load of issues during this time period. The work load has been very heavy; however, I continue to enjoy this work and appreciate the honor to serve as your General Chairman. Without the support of each BLET Local Chairman, coupled with your understanding and the blessings of having two excellent assigned Vice Presidents, Brothers Paul Sorrow and Dennis Pierce, I could not have made it through these trying times. In closing, I would like to commend each of you for a job well done. We have 16 new BLET Local Chairmen attending this meeting, and it is evident each of you are fast learners. You have worked hard the last two days preparing your reports. I appreciate the excellent dedication and the jobs you have performed. Accepting the job to serve as Local Chairman comes with a price, as each of you know by now. I thank you wholeheartedly for your service to our organization and the help, patience and support of the General Chairman.

Thank you and this concludes my report.

Fraternally yours,

Don Moates

General Chairman

BLET CSXT WRL

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