Important Topics from August 12th Meeting
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.
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Briefs and Exhibits filed in SBA 1208 Court Case
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