Several important topics were raised at the most recent union meeting:
- Drug/Alcohol Screening: If you are told that you will need to submit to a alcohol and/or drug screening, you must comply will all instructions given. Particularly, you may be directed to turn off your cell phone and you must comply or it will considered a refused test. If you are waiting for a tester to arrive or waiting for your turn to be tested, clarify with management and/or the tester if you are allowed to use you cell phone while you wait. Refer to Union Pacific Drug & Alcohol Policy for more information
21.2 UP Policy
Refusal to Test and Tampering
[…]
“Employees must place electronic devices, as defined in Rule 2.21, in the off position when directed to do so by the manager or collector during the drug or alcohol testing process. Failure to do so will be considered a refusal.”
- FMLA Documentation: Do not allow your medical provider to submit your FMLA certification paperwork to the carrier. Often, the carrier has claimed to have never received faxed documents from the provider, denies the FMLA certification and reverts FL layoffs to accumulate points under the Attendance Policy . Instead, have your provider return the completed certification to you and submit it to the carrier yourself. Submitting this electronically through the SAP portal better ensures a record of the documentation being timely submitted.
- Zero-to-Zero waiver: The Carrier has submitted a waiver request to the FRA to implement the “Zero-to-Zero” feature of EMS that would start and stop equipped trains. We are encouraging the membership to submit Technology Report Forms whenever an engineer has had to disengage EMS in order to comply with proper train handling or to prevent a rule violation. Documented evidence of EMS errors strengthens the organization’s case in convincing the FRA that this technology cannot be trusted to replace the crew’s responsibilities.
- Bylaws: New Bylaws for the local were proposed and will be voted upon at the September 9th meeting.
Cross motions for summary judgment and a joint record of exhibits has been filed in the organization’s court case to attempt to set aside the SBA 1208 award. The updated court schedule provides for a Sept 25th deadline for opposition briefs and a Sept 30th status conference with the magistrate judge.
- Organization’s Motion for Summary Judgment
- Carrier’s Motion for Summary Judgment
- Exhibit 1 – PEB 250 Report and Recommendations
- Exhibit 2 – 2022 National Agreement
- Exhibit 3 – Article V Notice SMART-TD to UP
- Exhibit 4 – Articles VI and VII Notice UP to SMART-TD
- Exhibit 5 – Sept 2024 Arbitration Agreement
- Exhibit 6 – SMART-TD Opening Submission
- Exhibit 7 – Union Pacific Opening Submission
- Exhibit 8 – SMART-TD Rebuttal Submission
- Exhibit 9 – Union Pacific Rebuttal Submission
- Exhibit 10 – Arbitration Hearing Transcript Day 1
- Exhibit 11 – Arbitration Hearing Transcript Day 2
- Exhibit 12 – Arbitration Hearing Transcript Day 3
- Exhibit 13 – Preliminary Findings and Post-Hearing Order
- Exhibit 14 – SMART-TD Post-Hearing and Final Proposal
- Exhibit 15 – Union Pacific Post-Hearing and Final Proposal
- Exhibit 16 – Arbitration Award
- Exhibit 17 – Union Dissent to Arbitration Award
- Exhibit 18 – Board Response to Interpretation Questions
- Exhibit 19 – June 2023 Agreement UP Eastern Northwest Idaho
- Exhibit 20 – Nov 2024 Agreement Missouri Pacific Upper Lines
- Exhibit 21 – June 2025 Agreement Former SPWL Territory
- Exhibit 22 – Public Law 117-216
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 28, 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.