Division Update for January
Brazos Yard-
I'm very disappointed to let you all know that after nearly eight years of negotiations regarding Brazos Yard, UP has decided to use remote controls at Brazos Yard. There will be no agreement for engineers specifically for Brazos Yard and if there are any engineer positions needed, they will be filled using the current DFW Hub agreement. That means the extraboard and current locals will stay as they have been. I'll pass along more information as the role of Brazos Yard becomes more defined. Once operations begin, we'll monitor for extra TSE assignments and engineers being used on remote control TSEs which will constitute claims. In the time being we ask that all engineers be professional in complying with rules and safety regulations as we always have been. If management interferes with complying with those rules and regulations, i.e., preventing you from taking charge of your consist or performing necessary inspections, please let your local chairman know. Don't refuse direct instruction but report it to us so that it can be elevated through the appropriate channels.
"In and Out of Terminal" Claim for Houston to Hearne Crews
While a tie project is underway on the Navasota Sub they have been running the MSPFW south out of Lloyd and back north on the Eureka Sub. This creates a second trip claim for the crew and can be found under available claims on your working timeslip. On your FRA please show two separate train lines in addition to your DHs. One train from A 209 to LS372 and then LS372 to your final destination on the train. Claim as you would any other 2nd trip, just add that both territories are routes for the Houston to Hearne pool and that you were instructed to run south into Houston and then depart again north to Hearne.
Carryover PL days
The PS days agreement created an issue for those of you disciplined enough to have carryover PL days. Past practice for carryover PL days was similar to PS days in that any non-comp layoff would "burn" the carryover PL day, pay you, AND charge you points. With the creation of PS days, there was no way to get to the carryover PL days because the system would "burn" a PS day once it saw the LS layoff. This glitch has been corrected. Now if you attempt to lay off PL with carryover PLs available, if denied the system will convert to LS, burn a PL instead of PS, and no points will be assessed. Watch this closely if you're in this situation. I have my doubts that CMS can get it right.
Teledoc
I wanted to remind you about this medical benefit. It's only a $10 copay to attend an online doctor's visit. The visit does go on our insurance and creates an EOB {insert winking eyeball emoji}. Download the app on your phone and sign up. It's extremely easy to use for you and your family. They can even prescribe medicine during the online visit.
How Matters Class
You'll be seeing a lot of coworkers on duty under a symbol like HWMCC or something similar. This is The How Matters class that all TE&Y employees will be required to attend this year. It has a safety portion, a Critical Rules Policy portion, and The How Matters section that attempts to show how all employees are an important part of UP operations.
Online Classes or Computer Based Training (CBTs)
The company has started cracking down on those not completing their required CBT courses. They've gone so far as to charge a local chairman a MAPS for not completing his. On MyUP you can go to the employee tab, then training, and click Training and Testing (success factors). Be sure to complete all assigned CBTs by their deadline. I encourage you to either print or screenshot the page when you have nothing showing due. They seem to pop classes in there quite often. Keep in mind that the cell phone rule requires all CBTs to be completed before being able to use electronic devices on the train. It also requires all of your broadcast messages to be read.
Cell Phones
Cell phone violations are on the rise with one being a dismissal case in San Antonio. If you're caught with a device on, while on a moving train, you are almost certain to get a dismissal charge, it's become that serious of an issue. Most cases are either from random camera downloads or camera downloads after an incident such as a derailment or crossing accident. (Keep in mind OPCC can view cameras live now.) We've also had the FRA fine several employees for cell phone use. Personal electronic devices must be off and stowed in your grips, not on your person. SMART watches are a violation of the electronic device rule.
FMLA
UP seems to have changed tactics over the last year regarding dealing with FMLA and discipline. After changing the FMLA department head, we are no longer seeing charges with private investigators that had become familiar to everybody. What we are seeing is a huge increase in the number of recertification requests and denials on those requests. They are using the same approach, in my opinion, as timekeeping in that if we deny 100 cases, only 50 will bother to reapply.
When submitting an initial request for FMLA you have fifteen days to get the certification paperwork back to UP. You can either fax it or preferably, upload it right in eHealthsafe. You must give them something within those 15 days. If you can't, at the very least submit a heat ticket requesting more time along with your reason. Failure to communicate with the FMLA department within those fifteen days will result in a revocation and any days you laid off FL will convert to LS. By keeping a line of communication open they may extend the deadline. A denial is different than a revocation. If you get your paperwork in and it's denied, whatever days you laid off are still considered FL days. You don't turn anything in and it's revoked, the FL days convert to LS.
Once you submit the certification paperwork, UP will respond within a few days, through EHealthsafe, as to their decision. If they deny, they must include why or what additional information is needed. Do not just open another case and send the same paperwork. They are being very, very particular that everything is filled out. What they look at with the most scrutiny is frequency and duration. Those little boxes regarding how many times per day, week, month. etc. Then how long each time, 24 hours per occurrence or whatever. Also, how long do they expect the condition to last? Since FMLA is yearly, and the doctor puts longer than a year, there will be no additional questions on that matter.
Lastly, the question regarding "why does the employee need off during these episodes of incapacity?". Doctors like to write help with ADLs (activities of daily living). UP doesn't consider that enough information. Perhaps you suffer from migraines and can't be around loud noise or be allowed to operate heavy machinery during this time would be the more appropriate answer to garner approval. Another example is where your FMLA is for a family member. Perhaps they have a condition in which they need help being fed or dressed during their time of incapacity. The point is, make your doctor be specific.
For legal reasons: I'm not a doctor or an attorney and the above advice is just from my personal experience and guidance from the UP FMLA department. All FMLA correspondence is the responsibility of the applicant.
Fraternally,
Kevin DeArment
BLET Div 139 Local Chairman North
BLET UPSR Vice General Chairman
832-795-2042