December 15, 2003
Mr A T Olin
Gen Director - Labor
Relations
Union Pacific Railroad Co
1416 Dodge Street, Room
330
Omaha, NE 68179
Dear Sir:
It has been brought to the attention of this office that once again, the Carrier is allowing BLE representatives to argue and process trainman grievances.
Enclosed for your review is a copy of PLB 5604, Award 73, wherein BLE General Chairman Young processed a discipline case for Green River Yard Foreman J E Westlake for final adjudication before Neutral Robert M O’Brien. Additionally, on December 10, 2003, Labor Relations Director Sharon Boone informed this office that BLE General Chairman Tim Donnigan, in a five page letter, informed her that he had and could handle trainman grievances.
As in the past (see correspondence between Eickmann-Lambert 2/9/98; Martin-Raaz/Loomis 1/31/00; Martin-Raaz 2/15/00; Martin-Raaz 3/30/00; Martin-Raaz 9/20/00; Hazlett-Thompson 6/3/03; and Hazlett-Tamisiea 6/3/03), it is the position of this Committee that under the UTU collective bargaining agreements and the Railway Labor Act, only this office has the right to process and handle trainman/switchman/fireman grievances for the Union Pacific Railroad, Eastern & Northwest Districts (c, e, t & y). In support of this position, I would refer you to United States Supreme Court decision Paul G Landers v National Railroad Passenger Corporation; US District Court, Northern District of Illinois – Eastern Division decision T V Ryan, Robert J Katcher, Gary P Strack, Julius D Mann Jr, and W K McKenzie v UPRR & UTU
It is requested that you advise your subordinates, as well as all operating divisions and BLE officers, especially General Chairman Donnigan, that the UTU is the only Organization authorized to represent and/or progress claims, either discipline or other grievances, for train service employees on this property, and that no other Organization is the certified bargaining representative for the craft and class of train service. Be advised that any positions or interpretations which may be taken by another Organization on claims or grievances for train service employees are outside the scope of that Organization’s jurisdiction.
Your immediate attention and reply is expected and appreciated.
Sincerely,
Dean L Hazlett
General
Chairman
January
8, 2004
1830.1
1830.30
Mr. D L.
Hazlett
General Chairperson UTU
5990 South West 28th
Suite F
Topeka KS 66614-4181
Dear Sir:
This refers to your letter dated December 15, 2003 to General Director Labor Relations A.T. Olin concerning the BLE Organization progressing discipline and/or rules claims on behalf of operating craft employees other than locomotive engineers.
Mr. Olin has referred your letter to us for review and further handling. In previous correspondence dated September 2, 2003, Carrier concurred that you are the duly authorized Organization regarding UTU collective bargaining agreements under your jurisdiction. In addition hereto, the BLE General Chairmen have been advised of the procedurally defective and inappropriate handling of claims/grievances and/or discipline of train service employees involving the UTU collective bargaining agreements. Our position remains unchanged.
If you have any further questions regarding this, please do not hesitate to contact us at your convenience.
Yours truly,
F.A. Tamisiea
Director - Labor
Relations
S.F. Boone
Director - Labor
Relations