Arrival Time Enforcement Proposal

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.

Notice of Proposal

Arrival Protection Proposal

FIT Smart Rest Pilot Agreement

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.

FIT Smart Rest Pilot Agreement

SBA 1208 lawsuit update

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:

Local Chairperson Election

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.

Tim Buhrman Election Letter

Jo Morehouse Election Letter

Carrier interpretation of when PS documentation is required

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.

Paid Sick Leave Agreement

Carrier responds to SMART-TD lawsuit

On February 26, UP’s attorneys filed a response to SMART-TD’s complaint seeking to set aside the SBA 1208 arbitration award. In summary, UP claims that the board did not fail to “conform or confine itself to the” scope of the board’s purpose, but rather operated within the scope of “whether and how” to implement Articles V, VI, VII of the 2022 National agreement.

You can view the response here in its entirety.

The court has ordered the parties to confer to agree to a scheduling plan for the case moving forward.

New Engineer Claims Form Packet

A new Engineer Claims Form Packet is now available. It can also be viewed/downloaded on the Information portion of the website.

Are you a member and not receiving texts from the phone tree? Contact admin@smartlocal329.com to be added!

Join us at our next meeting! Held every 2nd Wednesday of the month at Saints Ave Cafe in Boone at 9am

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