Month: June 2020
Yard Crew Meal Claim.
Please use this Claim for not getting a proper 20 min beans!
Recall Process 6/19/20
We will update as needed.
Message from Kevin Brodar
Jerry-
This document, along with the other actions UPRR has taken regarding COVID-19, has been a topic of some discussion, which has included counsel for BLET.
For the most part, it appears that UPRR is attempting to follow the CDC guidelines, which is what we have been asking the carriers to do to protect employees. Generally, the institution of safety rules would fall within the purview of management’s authority. Overall, it would appear that UPRR has not gone beyond any of the guidance being provided by the CDC or DOL. I would note that the version you provided may not be the most current version. The version you have states that the “[f]ailure to follow these guidelines can result in disciplinary action, up to and including termination. . . “ The more recent version replaces that statement with, “[t]he intentional disregard of these guide lines may result in disciplinary action . . . “ Requiring actual intent would appear to soften the application of discipline. If the Committees find that there are statements that need clarity, I would suggest approaching the carrier as a group seeking a response. Failing resolution, a single arbitration on an issue may be the best path so that there is a uniform application.
With regard to signing or checking all the boxes, if an employee refused to do so, they may well be charged with insubordination. That would have to be arbitrated in the normal course. As noted below, there does not appear to be any bar to a carrier asking certain COVID-19 related questions. Nor would this requirement be something that could generate anything other than an arbitrable issue under Consolidated Rail Corp. v. RLEA, 491 US 299 (1989).
The issue of discipline does raise some ancillary questions. Initially, for example, whether a person … Read the rest