The carrier and the organization’s attorneys have filed a motion to extend the deadlines for the cross summary judgement briefs. The new deadlines for submission are:
This case will be resolved by cross-motions for summary judgment, which shall be filed on or before July 21, 2026.
The brief responding to the opposing party’s summary judgment motion shall be filed on or before September 11, 2026.
The status conference to discuss case progression and the parties’ interest in settlement is moved to September 16th, 2026.
The proposed arrival time local agreement was voted upon and passed at the July 8th meeting. It goes into effect on July 16th. At that time, any conductor who inputs an incorrect arrival time at tie-up will be subject to being placed first out on their respective board. Any conductor who feels that they are in the incorrect position on their assigned board due to another conductor’s incorrect arrival time will need to text Tim Buhrman or Steve Groat within 2-3 hours upon the offender’s tie-up. The text of the agreement is attached below and includes reminders on where and when to arrive at Boone.
During the July 8th meeting, those present will vote on a proposal to enforce arrival time accuracy for conductors in Boone. If passed, beginning July 16th, conductors who input an incorrect arrival time on tie-up will be subject to being placed first out on their respective board. Attached is the notice as well as the proposal with reminders on when and where your arrival time should be. Amendments to the proposal may be raised and voted on at the July 8th meeting.
Below is the pilot agreement for Smart Rest for Firemen In Training. Effective June 15th, FITs will have the option to extend their undisturbed rest for a total of 22 1/2 hours upon tie-up of their 4th or 5th consecutive start.
The pilot will run for a period of 90 days from June 15th. Either party may cancel this pilot by serving 30 day notice upon the other. If neither party has served cancellation after the 90 day period has ended, this agreement will be considered permanent while reserving the right for either party to serve 30 day written notice to cancel thereafter.
On March 31st, attorneys representing SMART-TD and UP submitted a Rule 26(f) Report to the court. This is a joint report where the parties express their intent and expectations for the case progression. In summary:
- Both parties agree that discovery is not required. Instead, both parties will agree to a stipulated record of undisputed facts and documents by May 15th, 2026
- If the parties do not settle, the case will not go to trial, but will be resolved by summary judgment. Summary judgment is used to expedite cases where there are no real dispute of facts, but is just a matter of interpretation of the law.
- Each side must file their motion for summary judgment by July 14th, 2026. Each side has until August 28th, 2026 to file opposition briefs.
- The court has ordered a status conference for Sept 2nd, 2026. The purpose of this is for the parties to meet with the court to see if a settlement is likely and/or if mediation would be useful before the court decides on a date to issue a ruling.
With Ralph Hardy’s retirement, a special election is underway for his replacement for the remainder of his term. The nominees are: Tim Burhman, Jo Morehouse and Brett Smith.
All members with a current address on file should have received a ballot in the mail. Carefully read and follow the instructions for voting that are included. Only ballots received in the mail by April 8th will be counted.
Below are letters from Tim Buhrman and Jo Morehouse.
General Chairman Luke Edington sent the following message regarding the carrier’s interpretation of when documentation is required for PS usage.
Brothers and Sisters,
Union Pacific has taken a new position on the use of a single paid sick day. Under their new interpretation, an employee’s use of paid sick leave is in conjunction with other forms of leave if the employee observes a single paid sick day, marks up, and does not work before observing another form of paid leave. The time marked up between the paid sick day and the other form of leave does not matter, they still consider the two in conjunction.
This position is contrary to what was discussed and agreed upon at the bargaining table. We’ve been trying to resolve the issue but are now preparing to arbitrate the matter. If one of your members receives a message from UP requesting medical documentation for their use of a single paid sick day, make sure they respond to the message. If they do not, the Carrier will charge them with a violation of 1.13. Their response can be simple, but they must reply. I recommend the member discuss the message and their response with you or the office before submitting it. Additionally, please send all instances to the office so we can add it to the file. For your reference, the agreement language is below, and the entire agreement is attached.
Article III.
D. In certain cases where an employee uses consecutive days of paid sick leave or uses paid sick leave days in conjunction with other leave, the Carrier may require employees to provide medical documentation to support the use of paid sick leave. Nothing in this Agreement is intended to change the Carrier’s existing return to work or fitness for duty processes or practices.
Q8: May I take consecutive days of paid sick leave without medical documentation?
A8: It may be necessary to take consecutive paid leave days in cases of illness. However, you may be asked to provide medical documentation to support absences exceeding two or more consecutive paid leave days or cases where paid sick leave is used in conjunction with other leave. Employees should communicate with their local managers about the need for extended absences.