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.
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Union meeting
Union meetings are held the 2nd Wednesday of every month at 9am at Saints Avenue Cafe in Boone …
SMART endorses Joe Biden for President
Please Read:
https://smart-union.org/news/smart-endorses-joe-biden-for-president/…
Carrier notifying RRB
Joe Biden addressing SMART members
Message to Labor Relations regarding “Out the Door in 5 min”
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 could be disciplined for failing to cover a sneeze may be over the line in some instances, but would require an analysis of the facts of that specific situation. Further, this also intersects with the carrier’s availability policy. As UPRR has over 500 employees, employees are not covered by the Emergency Paid Sick Leave Act under the Families First Coronavirus Response Act. However there may be an option to take leave under the Family and Medical Leave Act (“FMLA”). Under FMLA, an employee or family member must have a serious health condition, which is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. The DOL, through its general guidance entitled “ COVID-19 and the Family and Medical Leave Act Questions and Answers,” has advised that COVID-19 can create a serious health condition as defined by the Act. The DOL encourages employers to support workers who are ill with COVID-19 or have a family member ill with COVID-19 by urging them to stay home and considering flexible leave policies for these employees. FMLA will likely not cover employees who choose to stay home to avoid contracting COVID-19, but should cover those who become incapacitated by it.…
Vacancies
As the carrier continues to cut boards, it is important that we ALL follow the bump procedures.
Remember, you have three hours to exercise your seniority and retain your guarantee. You have twenty-four hours to exercise your bump. To temp a vacancy you must be able to hold the terminal. If an individual bad a vacancy and was awarded the bid, you must be senior to the person that holds the turn to bump the person that is temping the turn by vacancy. Please DON’T take calls from the bump boards, as this does not benefit us. Thank you.…
Message From LC Hardy
New Technology Event Report Form
We’ve updated the Railroad Technology Event Report Form to better conform with the National Office’s request for information on technology-related failures that we encounter in the field. The Carrier is arguing that technological innovations can replace our jobs and the documentation of the failures of these technologies is vital in our argument that the two-person crew consist must be maintained. Copies will be posted in the yard office and a digital copy can be found at the bottom of this post. Please submit filled-out forms to the SMART-TD cutslip box in the yard office.
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