Division 139 Update 10/27/24

11/4

We’re still locked in what’s becoming a bit of a stalemate over the continued implementation of the 11/4 Agreement.  There’s basically a three-pronged approach being taken by the BLET.  First are time claims for the Carrier's failure to have 11/4 implemented by the deadline. Those areas/boards not yet implemented are encouraged to file claims on a per-half basis.  Second, is a lawsuit against UP for changing the mark-up position after off days from the bottom of the board to the top without negotiating that right. We’ve garnered a few small victories in this area as the judge has denied two motions by UP to dismiss the case.  The judge also granted the BLET’s motion for discovery.  Lastly, we’re heading to arbitration over two disputes surrounding cross-protection and how they count the four days to get your 23 hours of rest.

It’s no secret that Vena is opposed to the 11/4, particularly the guaranteed part.  He is making every effort to turn BLET members against it by delaying and making things as difficult as possible. In the past, I’ve heard many of you say, “Be careful of an agreement the company wants”, but this is the exact opposite of that.  I know some issues and problems crop up daily with 11/4 but in the big picture, the guaranteed portion of 11/4 is huge, and they can’t stand it.  Stay tuned.

Brazos-

I really thought I’d be delivering some good news for a common seniority agreement at Brazos but after getting a final draft together, Labor Relations, the bargaining arm for the railroad, was told they are not to sign any agreements with the BLET.  We assume that’s Vena lashing out over the 11/4 issues.  So once again, an engineer’s agreement at Brazos is on hold.

National Agreement-

Many of us are hearing the news that some railroads and unions are already coming to an agreement about the next “National Contract”.  Largely, it is true.  The clerk’s union and some others already set the stage with a 17.5% raise, stair-stepped medical insurance meaning different prices for single people versus a different price for those with dependents. While not an extra week of vacation, a change to the schedule in which we earn weeks of vacation which would allow younger employees to get to their higher vacation weeks sooner.  I don’t really know any further details yet.

How did this happen when the national bargaining process hadn’t even started yet?  It’s called “on-property negotiations” with property meaning the individual railroad.  Instead of all of the railroads bargaining together, they bargain with each of their general chairmen on that particular railroad. And instead of there being a coalition of unions bargaining together, the individual unions are bargaining one on one with the railroads.  Why didn’t we do this?  Because UP didn’t want to.  They are insistent on following the process for bargaining on the national table.  With that said, expect that we will get very similar to what I mentioned above, with Vena stating for 17.5% the company is going to get some work rule changes. That means he wants concessions on what they can do without it being a penalty. Like running through a terminal, using a board for multiple areas by design, etc. 

Vacations- for those in groups B372Z4E-EN and B321-ENG only

It’s that time again, time for vacation bidding.  The bidding opens through CrewPro, which is the same system we’ve used for the past two years in MyUP under the “Crew” tab, on 10/30/24 and will run through 11/29/24. Be sure to watch the self-help video to guide you through the process. It is dry and boring, but you’ve got to be able to put your bids in correctly.   

The float week, which is actually seven single days, will be the first option you need to select.  If you elect to take a float week and are in the above-mentioned vacation groups, please text Travis Bateman at 832-758-7182 or Kevin DeArment at 832-795-2042.  Please give your name, employee id, and “I want a float week”.  The cutoff date for this will be 11/22/24 at midnight.

If you are an individual who will use all your single days in the front half of the year, the float week is not for you as the first seven single days taken will come out of the float week.  The float week is good for low-seniority folks who want to save single days for late in the year which is out of reach by seniority.  The number of float weeks each grouping requests comes right off the top of the total weeks of vacation available for that grouping. For example, it may bring a grouping down from having four people on vacation each week to three.

You’ll also need to designate how you want to take your 2025 Additional Day.  Either as a single-day vacation, as a personal leave day, or to automatically use on your birthday.  Unless you have an extremely low vacation rate, a vacation day will typically pay more than a PL day.

Additionally, we have the option to convert two (conductors have three) single vacation days into Paid Sick (PS) days giving you a total of seven PS days for the year. Keep in mind that you must then single out a vacation week and those two additional days will immediately come out of the latest singled-out vacation week, effectively locking that week in place from the very start.

See below for an image of the initial screen you’ll encounter on CrewPro vacation bidding.  Think of the word Split as a choice.  Each split will contain your 1st, 2nd, 3rd, etc. choice for vacation bidding.  Remember just because you bid on it doesn’t mean you’re going to get it.  Also, don’t waste time outbidding your seniority.  By that I mean if you’re a five-year-old person, don’t bid on Christmas, you will not get it.  The high seniority folks all chose “latest available” which fills up October, November, and December pretty quick.  I get “maybe there’s a chance”, but trust me, you’re wasting your bid by doing that.  You have a better chance of getting it later through the change request process as the high seniority folks move there weeks to earlier in the year.

Discipline

For those of us who have been around for longer than about four years remember the Gestapo-like tactics management once used to enforce the rules.  Then they relaxed and we all sort of became complacent.  Well, the vacation is over as they are back to “you didn’t cross the tracks at 90 degrees”, or “you didn’t pause long enough getting off the engine”.  I get to a large degree the rules are about safety and testing on those rules is a necessary evil, just watch out.  Be back on your P’s and Q’s because now they are watching from cameras and drones because they don’t have near the management staff they used to.

That brings us to our next topic, in cab cameras.  As many of you are aware, the Carrier has been ramping up their use of drones and inward-facing cameras and the plan is to do even more reviews.  Many of us have had OPCC come on over the radio and notify us of a stop test, perhaps to remind us that we are a non-smoking company, or that we need to be more attentive than what they are witnessing on the cameras.  With that being said, I encourage everyone to become more familiar with rule 1.11.1-Napping.  I’ll go so far as to say if you simply can’t stay awake while operating, make a request to the dispatcher that you be allowed to stop your train, if not to take a nap, then maybe to just walk around, get some circulation going or something.  We, myself included, have to back away from the long-standing attitude of just powering through it.  If the dispatcher denies the request, then they’ve taken some of the liability onto themselves and the Carrier at that point.

Also, I would remind everyone that the engineer is required to be able to take immediate action to control the train.  Again, I can’t tell you what to do, but I would suggest requesting a restroom break, when necessary, rather than allowing the conductor or fireman to “watch the alerter” for us while we use the facilities. I would use the previous suggestions sparingly as one doesn’t want to seem like something is medically wrong by requesting to stop every day but communicate the situation with the dispatcher and request to stop when safe to do so.  Let your local chairman know if you get denied.

11/4 Reminders

Engineers can pass up, meaning you voluntarily move off the board, once each calendar quarter, as long as separated by 30 days. So that’s once in Jan-Mar, April-Jun, July-Sept and Oct-Dec.  Contact your local chairman for pass-ups.  This is different from being bumped or having a standing bid. This is like the old rule of being on a board for 60 days to make the same move.

Solid vacations can be moved 96 hours forward or back with at least 7 days advanced notice.  Within 7 days, no change can be made to a solid week start time. Single-day vacations and PL days can be deleted if they fall on your off days.  Both vacation issues must be handled by your local chairman.

You are not required to place yourself while on off days. Once the off days have started, you are entitled to take them. Even if you’re notified that you’ve been bumped, the bump clock doesn’t start until you mark up from the off days.  You can make a move if you want, but it is not required. If you have a standing bid in though, you immediately assume the new assignment. If your off days haven’t started and you get bumped, even by 2 minutes, you don’t get the days off.  This is true even if you’re working in trespass time.  If you get bumped before your status changes to OF, you’re out of luck.