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Official BLET Division-56
(909)
514-0274 Fax (909) 514-0314
Brotherhood of Locomotive Engineers
and Trainmen
Union Pacific Railroad - Western Lines -
service unit
Union meetings are the 2nd Wednesday of every month unless posted.
Next Union Meeting Nov 9, 2011, 9:00 A.M.
BLET Division-56, does not have a Twitter, Facebook or any other Social Media association. Any media other than the official BLET Division-56 Web Site is unauthorized.
2011 vacations Vacations 2011
agreements go to www.bletupwl.org
Documentation, Documentation,
Documentation. Don't tell a story, write one.
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Peer trainer agreement
Pool Trade Agreement
Pilot Pay
Reserve Board Agreement
Waiting for lodging Claims
Claims for earnings being held off account of hours of Service
Claim for spotting oil cans - Local Chairman
Remember, no FRA, no merit to the claim.
Engine
Sept
minutes
see-
Secretary Treasury -page
401
changes -
President page.
Most frequently used phone numbers
regarding your paycheck.
Links
THE BULLETIN
CLERK PHONE NUMBER HAS BEEN CHANGED. THE NEW
NUMBERS ARE 800-726-1042 OR 402-591-3430
download Adobe Acrobat. Get
it here >>>>>
The new President
Stooky Durazo
Please stop within half the distance when backing up and not receiving a additional car count.
Please.
Reserve Board Info: a cycle is 90 days from the date you are placed on the reserve board.
Any information needed should be addressed with the Local Chairman or Division your dues are paid to.
Larry Law
Local Chairman
Division-56
New
number Alerts TE&Y of Family Crises in case of an emergency. (1-888-877-7015) to
relay a message. This Emergency
Notification
Computer problems with the UP System, call
the CMTS HELP DESK
1-800-621-8953
Railroad retirement tax reduced for 2011 (2% - CUT IN R.R.R. TAX 2011)
CLEVELAND, December 21 — Among the items included in the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010, which was
signed into law by President Obama on December 17, is a temporary employee
payroll tax cut.
This provision, found in Section 601 of the legislation, reduces the employee
Social Security tax rate from 6.2% to 4.2% for 2011 earnings subject to the tax,
which will be levied on the first $106,800 of earnings next year.
Because Railroad Retirement Tier 1 taxes and annuities are based on Social
Security, the Tier 1 tax rate for railroad workers will be cut by the same
amount, meaning that take-home pay for railroad workers will be increased by 2%
of gross earnings next year, up to the cap.
The shortfall in funding for Tier 1 benefits created by this tax cut will be
made up from general federal revenues, pursuant to Section 601(e)(2) of the
legislation, which states as follows:
“There are hereby appropriated to the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974 (45
U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by
reason of the application of subsection (a)(2). Amounts appropriated by the
preceding sentence shall be transferred from the general fund at such times and
in such manner as to replicate to the extent possible the transfers which would
have occurred to such account had such amendments not been enacted.”
BLET National President Dennis R. Pierce expressed concern about how the
Congress decided to make up the shortfall. “Since its inception Railroad
Retirement has been successfully defended from Congressional attack, in part,
because all Railroad Retirement funds have historically been contributed by
railroad workers and railroad employers only, with no non-railroad taxpayer
money being used to fund our retirement system” Pierce said. “That complete
funding independence has been broken by enactment of this law.”
“While every BLET member benefits from a two percent increase in take-home pay,
what is happening here is that this money is not coming from the carriers’
record profits. Instead, 2% of our own money that is designated for our
retirement is being given to us now, and essentially is being paid for by
American taxpayers,” Pierce added. “There are powerful forces who would like
nothing better than to destroy Railroad Retirement and Social Security, and I am
concerned that this ‘tax cut’ may make their goal easier to achieve.”
E-Payroll
As many of you have found out
first hand your pay records only go back 2 years with E-Payroll.
Pay stubs are forever.
Here is the number to opt out of E-Payroll, (888) 241-2764. If you don't get a
hold of
real person use option 3. Make sure you tell them you want your pay stub mailed
to your home address.
For the Committee,
Stooky Durazo
President, BLET Division-56
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Vacation and PL
Days Info VACATION - YEARS OF SERVICE LESS THAN 2 = ONE WEEK (7-DAYS) TWO OR MORE = TWO WEEKS (14-DAYS) EIGHT OR MORE = THREE WEEKS (21-DAYS) SEVENTEEN OR MORE = FOUR WEEKS (28-DAYS) TWENTY FIVE OR MORE = FIVE WEEKS (35-DAYS) PERSONAL LEAVE DAYS - YEARS OF SERVICE LESS THAN FIVE YEARS = 3-DAYS FIVE YEARS & LESS THAN 10-YEARS = 5-DAYS TEN YEARS & LESS THAN 15-YEARS = 7-DAYS FIFTEEN YEARS & LESS THAN 20-YEARS = 9-DAYS TWENTY YEARS OR MORE = 11-DAYS
______ Engineer
Licensing
______________________________________________________________ Prior
Rights CO398/AE10
- NO CHANGES NEEDED.
Reserve
Board I
will try to explain the Engineers Reserve Board agreement, WESTERN LINES,
(1991 Local Agreement, Former Southern Pacific Eastern Lines, Article 3),
pasted below. Section
11 (a) (2) - Reserve boards will be established at the following locations:
Note: These boards will be established although the needs of
service at a source of supply may preclude engineers from being
assigned. preclude Verb[-cluding,
-cluded]
Formal to make impossible to happen [Latin prae before + claudere
to close] In other words Engineers at other
locations will not be entitled to bid from one source of supply to a Reserve
Board at another source of supply. (At the time of merger a Reserve Board was
established at (CX809) the agreed upon ONE TIME
generic location and was available to everyone on the service
unit) Section
11 (a) (4) - If any of the extra board locations listed in (a) above are
eliminated as an extra board location for any reason, the reserve board
positions at the eliminated extra board location will be relocated to the new
extra board location. Reserve board positions shall be awarded based on the
applicant's relative seniority at the source of supply. In other words Engineers at other
locations will not be entitled to bid from one source of supply to a Reserve
Board at another source of supply. Section
11 (c) (2) - Commencing three months after the date of the initial reserve
board assignments and each three months thereafter, if reserve board
positions are available the will be advertised for seniority choice at each
extra board location. Q
AND A (Side
Letter No. 1) Q.
May an engineer bid to a reserve board at another location from his source of
supply? A.
NO. In order to be eligible for assignment to a reserve board, and engineer
must be identified with an assignment (regular or extra) at the reserve board
location or within the area protected by the extra board at the reserve board
location prior to the time bulletin is issued advertising reserve board
positions. In other words Engineers at other locations will
not be entitled to bid from one source of supply to a Reserve Board at
another source of supply. Note: The requirement to bulletin such jobs has
been replaced by the May 13, 2004 Engineer Compensation and Utilization
agreement - Article VII - APPLICATION (STANDING BID)SYSTEM. In other words Engineers must have an
application on file at the same source of supply to be PICKED_UP on a Reserve
Board. SEE & READ AGREEMENTS BELOW Note:
The Carrier's position is that NO other source of supply on the Los
Angeles Service Unit is and/or has qualified for a Reserve Board, example
CX809. Trainmen have been FURGOLADED, however, NO Engineers have been
cut-back into train service at any other source of supply, except SP760. Fraternally,Larry
R. Law cc:
D. W. Hannah SEE
RESERVE BOARD AGREEMENT BELOW Engineer
Reserve Boards (Western Lines) (1991 Local
Agreement, Former Southern Pacific Western Lines, Article 3) SECTION 11. (a) (1)
The Company will establish reserve boards for engineers on 11. (a) (2) Reserve boards will
be established at the following extra board locations: Portland;
Eugene; Albany; Klamath Falls; Roseburg; Dunsmuir; Roseville; Sparks; Ogden;
Oakland; San Francisco; San Jose; Salinas; Watsonville; San Luis Obispo;
Tracy; Fresno; Bakersfield; Los Angeles; Colton; Yuma; Phoenix; Tucson; El
Paso and Tucumcari. These boards will be established although the needs
of service at a source of supply may preclude engineers from being assigned. 11. (a) (3) Applications will be
accepted based upon the needs of service at each extra board location. 11. (a) (4) If any of the extra board
locations listed in (b) above are eliminated as an extra board location for
any reason, the reserve board positions at the eliminated extra board
location will be relocated to the new extra board location. Reserve
board positions shall be awarded based on the applicants' relative seniority
at the source of supply. 11. (b)
(1) Engineers on reserve boards will receive
$1,750.00 per semi‑monthly pay period. Periods of less than a
month will be prorated at the rate of $116.67 for each calendar day in
reserve status. 11. (b) (2) No other
compensation will be paid to or on behalf of an engineer in reserve status,
except for payment of premiums under applicable health and welfare plans (including
Side Letter 4 of agreement dated June 28, 1991 and/or compensation payable to
them under Article 7 of agreement dated June 28, 1991. Deductions from
reserve pay will be made for income, employment or payroll taxes (including
Railroad Retirement Taxes), pursuant to federal, state and local law,
deductions of dues pursuant to an applicable union shop agreement, and any
other deductions authorized by agreement or legally required deductions. 11. (b) (3) Reserve pay will be
subject to any future wage and/or cost‑of‑living adjustments
provided for in agreements reached between the parties, either locally or
nationally, except that only 70% of any such adjustment will apply to reserve
pay. 11. (b) (4) Other non‑railroad
employment while in reserve status is permissible so long as there is no
conflict of interest. There shall be no offset for outside earnings. 11. (b) (5) Any
monies received from settlements of disputed grievances or back pay/lump sum
allowances resulting from concerted wage and rule movements do not offset
reserve board payments, nor shall any reserve board payments be used in
determining any amount due as a result of settlement of concerted wage and
rule movements. 11. (c)
(1) An engineer assigned to reserve status must
remain thereon for at least three months, or until: (i)
discharged from employment by the Company in accordance with applicable
discipline rules; (ii)
resigns from the Company's employment; (iii)
recalled to active service; (iv)
retires on a disability annuity. 11. (c)
(2) Commencing three
months after the date of the initial reserve board assignments and each three
months thereafter, if reserve board positions are available they will be advertised
for seniority choice at each extra board location.
Q AND A
(Side Letter No. 1) Q. May an engineer
bid to a reserve board at another location from his source of supply? A. No. In order to be
eligible for assignment to a reserve board, an engineer must be identified
with an assignment (regular or extra)
at the reserve board location or within the area protected by the extra board
at the reserve board location prior to the time bulletin
is issued advertising reserve board positions.
11. (c) (3) The
BLE Local Chairman shall be permitted first right to a position on a reserve
board established hereunder, subject to written approval of the appropriate
BLE Division President. 11. (c) (4) Runs held by
engineers taking reserve status will be bulletined as provided for in Section
10(a) of Article 32. 11. (d)
(1) An engineer in
reserve status must be available for return to service upon 30 days' written
notice by Certified Mail, with restricted delivery to addressee only and a
copy to the Local Chairman. Reserve pay will continue for only seven
(7) days after postmark and the employee must return to service within thirty
(30) days of attempted delivery. Failure to comply with any of these requirements
will result in forfeiture of all seniority rights subject to the provisions
of Article 32, Section 21 of the engineers' agreement, or appropriate
EP&SW Discipline Rule, including the Pacific Electric Discipline Rule.
11. (d)
(2) The recall of an engineer from reserve status
will be in reverse order of seniority and based solely on the need for
service at the extra board location from which he accepted reserve
status. Upon recall, such engineer will be allowed a full right of displacement.
Once an engineer has reported for service, that engineer's use will be
governed by the collective bargaining agreement. 11. (d) (3) An engineer in
reserve status must maintain his work proficiencies, including successfully
completing any retraining or refresher programs the Company may require and
passing any tests or examinations (includeing physical examinations)
administered for purposes of determining whether such proficiencies have
been maintained. Such tests and examinations will be consistent in
context with those administered to active employees. The Company will
give a reserve engineer 30 days' advance written notice by Certified Mail,
Return Receipt Requested, of refresher programs, rules classes, or
examinations the engineer is required to attend to maintain such work
proficiencies. Unless so stated, such notice should not be construed to
be a return to duty notice. 11. (d) (4) Reserve engineers
shall be considered in active service. 11. (e)
Vacation pay received while on a reserve board status will offset pay
received under Section 2(a). Time spent in reserve status will not
count toward determining whether the employee is eligible for vacation in
succeeding years. It will count as time in determining the length of
the vacation to which an employee, otherwise eligible, is entitled.
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Claims:
When your claim is denied
call the shortage clerk. Tell the shortage clerk you want a declination
or approval sent to your local chairman in the form of a
"heat ticket"..
Your local chairman needs a copy of your pay stub that part showing trips,
amount paid and your denial (all portions other than first page that show your
gross). Local chairman also needs, dates, times, turn, pool, and supportive
information such as a snap shot for your claims. It is your job to supply
this information.
With the increase amount of claims this office has received we have
noticed a decrease in supportive information. In simple terms we are
getting lazy.
Stooky Durazo
President, BLET Division-56
CMTS Help Line
1-800 621-8953
Values hot line
The value hot line phone number is:
800-998-2000
E-Payroll
Do not participate!
This is worth a lot of money to the Union Pacific. It saves them printing,
mailing, postage, handing and employees to get it done and the cost of paper,
paper, paper. If they want this E-pay, make them Pay at the bargaining table.
For you non believers remember the basin agreement, 18 hour tie-ups on the re-10
pool and overtime after 12 for the new employees. They all came at the
bargaining table. Give them nothing for FREE.
Stooky
Durazo
President, BLET Division-56
What to do when injured on
the job.
This new program was
established at our last Union Meeting and will be a work in progress. This
committee is co-chaired by Joanne Sebelius and Dan Holmes. What would your
spouse do if you were injured at work? Who would they call, what insurances
cover you? how many days do you have to make a claim to railroad retirement?,
how long until railroad retirement mails a check?
If you have any questions or suggestions for this committee e-mail them to:
webmaster@blet56.org
Here are a few things you
need to do as the injured party:
Note any defects in
equipment or work area; photograph if possible.
Note names of all possible
witnesses.
Fill out accident report
for the company; keep a copy.
Do not give any written or
recorded statements.
Contact your local
chairman or union legal council.
Give your doctor a
complete history of how your injury happened.
Stooky Durazo
President, BLET Division-56
Welcome
to Division 56
For the benefit of new
members, let me introduce you to your Local Committee of Adjustment.
Your Secretary-Treasurer is Rod
Fry. This job is very important and many times Rod’s effort goes
un-noticed. He handles the Division 56 finances and keeps the members
advised of the division’s finances. He keeps all records from all
meetings. Rod handles union dues and in this Division he sells job
insurance. If you don’t have any job insurance you need to check into
it. Rod’s e-mail address is frod55@aol.com
The way we know Rod is doing his job is that he complains any time we spend any
money.
Your Legislative
Representative is KA (
Your Local Chairman is L.R.
(Larry) Law. His duties are to handle claims, grievances and appeals.
If you get in trouble, Larry will represent you in your investigation.
With regard to claims, your Local Chairman handles pay shortages. We
understand that money is the reason most of us are here. Larry is so busy with
claims, we ask that you make an appointment so Larry can give you his full
attention. Remember claims have a 60-day period to be answered after the
company denies them. Larry's e-mail address is ERanger@aol.com
On a personal note I would
like to remind you of a few things. Firstly, I would like to remind you
that things take time, they don’t happen overnight. For example, the Air
Conditioner Project; it has taken us five years to get to this point.
Secondly, our Local Chairman is very accessible and there is no need to
page/call him in the middle of the night for small things, such as a crew
dispatcher yelling at you or giving you a wrong call, or a pay shortage.
If you get in big trouble, an accident, or being pulled out of service go ahead
and make that page/call. That’s what we’re here for.
In most cases union meetings
are the second Wednesday of the month. I’m proud to say that Division 56
is very involved and has good turn-outs. The meetings are held at
our office in the rear of
Hope to see you there.
Stooky Durazo
Stookydurazo@gmail.com
President,
Division 56
Old and still
useful
68
minutes to do your job, are you doing it?
Mr. M.L. Irvine, General
Superintendent
Union Pacific Railroad
19100 S lover Avenue
Dear Sir:
Please refer to your
Superintendent's Notice Number 81, dated March 8, 1999, and my Lotus Note to
you about the same Notice dated March 10, 1999.
The language in Notice 81
creates an oxymoron of "damned if we do and damned if we don't." It
simply is impossible to comply with the General Code of Operating Rules, and
with Los Angeles Superintendent's Notice Number 81. They contradict one
another.
Helper Engineers, or any
engineer for that matter, assuming duty on the Los Angeles Service Unit are
required to comply with General Code of Operating Rule 1.3; Rule 1.3.2 (using
=ON function); Rule 3.0; Rule 3.3; Rule 15.0; and Rule 15. 1. They are also
required to comply with System Special Instructions ITEM 1; ITEM 10-A, 15.15;
ITEM 14; ITEM 17; and ITEM 18.
Rule 1.3 Rules
Rule 1.3.1 Rules,
Regulations, and Instructions
Rule 1.3.2 General Orders
Rule 3.0 Standard Time
Rule 3.3 Time Comparison
Rule 15.0 TRACK BULLETIN
RULES
Rule 15.1 Track Bulletin
System Special Instructions
Effective 000 1 Sunday,
October 25, 1998
Item 1. TIME COMPARISON
Item 10-A. Operating Rules
Chapters I to 20
Item 15.15 Mechanical
Transmission of Track Bulletins
Item 14. OPERATING WITH
FOREIGN RAILROADS
ITEM 17. JOB BRIEFING ITEM
18. ACCESSING GENERAL ORDER AND SUPERINTENDENT BULLETINS ELECTRONIC FILES
Under Rule 1.3.2. - General
Orders - "before beginning each day's work or trip, trainmen, enginemen,
and others must review general orders that apply to the territory they will
work." Using the =ON function or command each operating employee must
check each day the "System Special Instructions" for the latest
"System General Orders" and make sure that they understand their
applicable meaning and understand the rule change by cross referencing the
Safety Rules, General Code of Operating Rules, Timetable/Special Instructions.
Following is a break down in
time: Checking "System Special Instructions" (General Orders) Time -
03 minutes to look and 10 minutes for each change. Minimal time without any
changes 03 minutes. (This does NOT include checking Metro Link, PHL or BNSF as required
by Item 14 of System Special Instructions).
Checking "Subdivision
General Orders" Time - 03 minutes to look at each subdivision (13
subdivisions) & 10 minutes for each change. Minimal time without any
changes 39 minutes.
Checking "Superintendent
Bulletins" Time - 03 minutes to look and 10 minutes for each change
Minimal time without any-changes 03 minutes. (Note: This does not take into
account working with a new employee and ensuring that they are familiar with
their duties and/or knowledge of the rules. Nor does it take into account how
long it will take to instruct them, when necessary. See Rule 1.47[c].)
And we have the dubious honor
of having to work under TWO different
Superintendent which requires
us to comply with
Superintendent Bulletins,
which also takes more preparatory time.
Checking "Time"
Time - 02 minutes just to check Minimal time 02 minutes and up to 04 minutes if
you need to set your watch.
Check "Track
Bulletins"
Minimal time - 15 minutes
just to check and understand. (Note 25 to 30 Track Bulletins a day on Service
Unit).
Misc: Checking Locomotives
(Li/UP3206) Minimal time - 03 minutes to type and print a list of a 4 unit
consist.
Calling "Train
Dispatcher" - For information. Minimal time - 03 minutes to dial and talk
to dispatcher - IF THEY ANSWER IMMEDIATELY. AND THAT'S A JOKE!
These figure total SIXTY
EIGHT (68) minutes if you don't have any changes to the above; if the engineer
happens to be a computer expert; IF THERE IS A COMPUTER AVAILABLE, and if all
the dominoes fall in place and in order.
In Superintendent's Notice 81
you state in pertinent part as follows: "Crew members are not to do =PE.
" I consider this a unilateral violation of our collective bargaining
agreement, established past practice on the property, and commitments made to
us by senior management regarding the Carrier electronic timekeeping process,
and I have immediately appealed your actions to the General Committee for
assistance.
So to sum it up - when a
Helper Engineer assumes duty on the Los Angeles Service Unit - THEY'RE FIRED!
If they comply with the General Code of Operating Rules they cannot comply with
Los Angeles Superintendent's Notice 8 1. If they comply with Los Angeles
Superintendent's Notice 8 1, they cannot comply with the General Code of
Operating Rules.
If you cut off a few more
clerks, who used to do the majority of the work listed herein, I believe you
can get engineers up to 3 or 4 hours a day of clerical time. That should really
help expedite your freight trains.
I have previously echoed
these complaints to you in multiple meetings that you and I have had since
October 1998 when the Carrier initiated tile new =ON process. You promised to
have the Road Foremen "roll the boards" so that the crews could be
educated as to the process. That has NOT happened, and crews still don't know
how to use the system. I think your terminal staff also needs to attend class
or have their "boards rolled" so that they can see what is required
of a crew when they assume duty.
Respectfully I call you
attention to Section 6, of Article 25 of the current agreement covering
engineers.
For the committee
D.W. Hannah,
Local Chairman
cc: R.D. Carver
E.L. Pruitt