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Sunday, November 16, 2003

 November 13, 2003

Dear Jack,

The BLE and the UTU unfortunately continue to trade members all across the United States. We are currently gaining a significant number of members on both CSX and NS. Unfortunately, we find that whether it is through age, experience or other matters, the BLE simply recruits harder at the local level. It is hard to find a BLE member who does not happen to have an application to offer membership to trainmen. They have applications available on their website, some properties even have applications printed inside of the contract and they have applications available in every publication. Quite frankly put, they appear to be the ones desperate for members. The balance between the organizations stays pretty close.

So the question gets to be asked, "Why does the membership go up and down in various locations."? A lot of that has to do with what the members at the local level believe. It seems that the UTU local leadership feel pretty free at criticizing their organization in excising their freedom of speech. The BLE exercise their freedom of speech by promoting their organization. In spite of what I have seen them do in Washington. Damn it, Railroad Retirement would have never become law if it had been up to the BLE. Remember, during the first year, they did nothing. Even though, the second year they said they were for it, they didn't bring many people like you to Washington who made a difference. They stood on the sidelines and occasionally made half-heartened efforts while we had to play the whole game. They took just as much credit. Thousands of widows and hundreds of railroaders had their pensions delayed a year and many people suffered because of the BLE's lack of efforts followed by lackluster effort. However, it appears that this did not make a difference in the field.

No other organizations have done more to relieve the fatigue situation than UTU. I will give you additional proof. We have spent the last several months in Washington dealing with Congress and the Department of Immigration to bring additional conductors here from Canada to relieve the UP manpower shortage. The BLE has not done a damn thing. The UTU has attempted to coordinate with our membership on the Alaskan railroad to bring personnel here - the BLE has not done a damn thing. The UTU has set up conference calls between the chairmen of the STB and various UP General Chairmen over nothing more than the fatigue issue. The BLE participated in none of these efforts. They didn't do a damn thing as a result of UTU 's input to the STB. The STB Chairman had dialogue with Dick Davidson and other UP officers wanting to know how UP could make such terrible manpower forecasts and told the UP to hire additional trainmen now. The BLE didn't do a damn thing. I am wrong, they did circulate applications, they did criticize UTU and they took credit for our efforts. When Roger Nober was being considered for chairmen of the STB, he called UTU - UTU talked to him and introduced him to the other unions in Washington. They set up a meeting, he came, and then before he could talk to them, they walked out. They were too busy to talk to him. I don't know what this accomplished. I am sure it made good rhetoric but the US Senate passed Roger Nober's confirmation unanimously. Their efforts didn't get one single damn vote against him. Is it any wonder that he is helping us to solve the manpower problem?

Let's look at the new partnership that BLE is building with the Teamsters (IBT). At the last IBT convention there were about 1100 delegates. At the next one, they will add 60 BLE delegates. The IBT just signed a national contact to move intermodal trailers off of the rails back onto the highways. Did they really think that their 60 or less delegates would be able to change that policy? A while ago, the UTU offered the BLE a merger. On the Board of Directors, would have been an equal number of UTU and BLE representatives. After the merger with the IBT, do you know how many BLE representatives there will be on the IBT board of directors? None. Nada. Zero. They have so little respect and appreciation for their new BLE partners that the IBT is not even making a place at the table. They did include a provision that would allow a BLE representative to attend IBT Board of Directors meetings. Wow! That is just like attending football games and movies. You get to pay and sit there and watch what is going on. But you don't get to call the plays. We have just fixed Railroad Retirement. There are many IBT pensions but some of the IBT pensions are broke. The IBT, in order to bail out their own pension fund, recently signed an 11-year freeze on their pensions. No cost of living. No nothing. And, don't forget. Just because someone is a member of the IBT does not mean they are in the IBT pension program or even get a pension. I can promise you that IBT is losing members much faster than UTU and at a higher rate. Talking about mass losses, the Northwest Airlines Flight Attendants disaffiliated from the IBT. This was 11,000 members all at one time. In 1980, of the ten largest truck lines, all of them were union. In 2003, of the ten largest truck lines, 3 are union and 7 are non-union. Although the UTU may have lost some members, I can assure you that the 50 or so largest railroads are still union. Both in 1980 and 2003. So who is going in the wrong direction? Also, the IBT suffered a loss in net worth between 2001 and 2002 of $59 million. For the year 2002, the IBT showed $85 million in assets and $144 million in liabilities.

There is only one union that the UP has beaten and that is the IBT. We understand that Mr. Davidson has a trophy room in Omaha devoted to Overnite (UP) and IBT. Overnite (UP) has 172 terminals - all of which non-union. The best IBT had done was elections at 30 of them and now they have lost those. I understand that many people are dissatisfied with results of many of the negotiated contacts. After 206 separate negotiating meetings, between IBT and UP, IBT was unable to get any contract. Nothing. Zero. Zip. IBT filed over 1,000 unfair labor practice charges against Overnite (UP) and won only five. Can you imagine any UTU general chairmen with such a record? It has never happened. Throughout the IBT Overnite (UP) strike, Overnite (UP) and its parent company, Union Pacific made money. In other words, the Teamsters call a strike to make the employer suffer and all the employer did was make money. IBT has been promising ever since the government takeover in 1988, that next year they would get out from underneath government control. They have only been wrong 15 times out of 15. In spite of their PR this year, it is doubtful that it will happen soon.

You see the BLE produces a lot of rhetoric, they have bullhorns, they have rallies and they have a wonderful group of well-meaning ladies based out of St. Louis known as REQUEST. They pass around a lot of petitions and they haven't changed a damn thing. I can't stop any member who wants to quit UTU and change unions. If they want to buy rhetoric over results (if they accept bullshit) there isn't much that I can do. We have to depend on dedicated members such as yourself in getting out the word. We have to hope that the membership can recognize the difference. The BLE and all of its rhetoric have not done anything to change the manpower situation but they have made promises and signed up members. The BLE has done little to get 60/30 but they have taken credit and signed up members. The list goes on and on. What are we doing? We are busy trying to make the lives of our members and their families better. What are we doing? We are using methods that get results. It is my belief that is our job as long as we take our members money that is what they want. Results. If railroaders want rhetoric, promises, bullhorns, demonstrations and bullshit and are prepared to pay for it with their hard-earned dollars. Then, so be it. This office has previously put out all of the information included in this email in one form or another. We have faxed it out; we have provided it via email; we have provided links to sites where this information can be found. If you have other suggestions about how we may be successful inputting out the information, please let us know. We have to depend on our local membership to carry the flag for us. Obviously every UTU member should be proud of their union because it has accomplished more than any other union in this industry. I just hope that they start bragging more about it.

Fraternally yours,

James M. Brunkenhoefer

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Unions fire back at U.P.

By Dick Reynolds
The North Platte Telegraph

The subject of absenteeism at the Union Pacific Railroad in North Platte has numerous employees upset.

Bill Elliot, chairman of the 275-member Brotherhood of Locomotive Engineers in North Platte, said that over the past six months about 55 letters of initial contact have been sent to employees in the division that runs from North Platte to South Morrill.

“They send out a letter that they need to meet with you because they feel you have an absenteeism problem, and we have told all our guys we represent they need to contact their local chairmen and we go in and collectively try to work this out,” Elliot said.

“However, Union Pacific took the stance we are going to work every weekend. They want us available 24 hours a day, seven days a week, and our guys just can’t work like that.”

In an article in The Telegraph Thursday, Union Pacific public relations spokesman John Bromley said three registered letters have been sent out containing notices of investigation.

Elliot said that is correct and that is the third step in a three-step process. He said an employee is called in two times before the third letter is sent out.

“The first time we go in, we talk, they ask what the problem is and if you have medical conditions, family problems or whatever,” Elliot said.

“They tell you that you will do better or else, and if you don’t do better in 30 days they bring you in again. They tell you that you are not doing better, and the third time the notice of investigation is sent.”

There are several employees scheduled to go in next week for their second-letter conference.

Elliot speculated 90 percent of the initial contact letters would go to letters of investigation. He said they have tried to work with the company to get a work-rest cycle where employees work seven days on, and three days off.

“We had that for a while, but they elected to take that away from us,” he said.

“You know when you go to work, and when you will be off, but the way it is now you don’t know when you go to work.”

The initial contact letters say the person receiving the letter has 10 days from the date of the letter to schedule an informal conference to discuss attendance as it relates to employment as an engineer. They can have their union representative with them if they choose.

Failure to schedule the informal conference within the 10 days will result in the field manager scheduling the conference at his or her earliest convenience.

In a press release issued from Lincoln late Friday afternoon, the Nebraska Legislative Director for the United Transportation Union fired back at Bromley, challenging him to an open forum on the issue of employee availability and fatigue in the railroad industry.

Ray Lineweber said in the release, “U.P. has created their problems with some inept management decisions, causing their employees and shippers peril, while remaining in denial.”

The release states that train and engine crews are required to be available 75 percent of their time, or 126 hours a week.

Bromley told The Telegraph Thursday, “We are asking our employees to stay available on weekends and particularly through Thanksgiving holiday, because we are anticipating a heavy amount of business. It is not a demand or order that we are looking at here, but we going to urge them to do that.”

Bromley said no official memo has been sent out, but employees are being asked to be more available.



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