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Cameras in the Cabs of Its Locomotives Presents a “Minor” Dispute Under the Railway Labori Act, Paving the Way for the Railroad to Install the Cameras Immediately

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Cameras in the Cabs of Its Locomotives Presents a “Minor” Dispute Under the Railway Labori Act, Paving the Way for the Railroad to Install the Cameras Immediately Daily news updates AUGUST/SEPTEMBER WWW.BLE-T.ORG ocomotive 2 013 NGIN ee RS RAINM E N E WS LE & T N Volume 27, Issue 6 Published by the BLET, a division of the Rail Conference,• International Brotherhood of Teamsters Heath FSA open enrollment begins October 1: Enrollment must reach 5% or benefit may be lost SEE PG. 7 From left: Ron Mills, BLET General Chairman; Dale King, Tacoma Rail Superintendent; and Mike Twombly, BLET CAMERAS Vice President. IN THE CAB Federal judge sides with KCS on inward-facing cameras n an Opinion released on July 25, the United States District Court in Shreveport, La. ruled that the deci- sion by Kansas City Southern Railway (KCSR) to install two inward-facing cameras in the cabs of its locomotives presents a “minor” dispute under the Railway ILabor Act, paving the way for the railroad to install the cameras immediately. The “minor” dispute ruling is significant be- cause the Railway Labor Act prevents Unions from exercising self-help over minor disputes. The finding by Judge Elizabeth Erny Foote against the Brotherhood of Locomotive Engineers and Trainmen and the United Trans- portation Union (now SMART Transportation Division) was that the Carrier had an arguable contractual justification for its actions. Accord- ing to the ruling, the contractual justification is based on the Carrier’s existing use of station- BLET, Tacoma Rail sign ary surveillance cameras in various train yards and other locations, inward-facing cameras in crew vans that transport KCSR crews to and new 5-year agreement from train assignments, and procedures embers of the past contracts that he has set- for monitoring and recording phone calls be- Brotherhood of tled was the key to putting tween train crew employees and crew manage- Locomotive En- this contract together. His ment regarding reporting to work. The Judge Mgineers and Trainmen have professionalism and insight also held that it was not “frivolous to argue that signed a new five-year con- into the changes that we the safety challenges posed by employees us- tract with Tacoma Rail, ret- were making were invalu- ing personal electronic devices on the job ne- roactive to July 1, 2012. able. We couldn’t have done cessitate the camera and review system pro- This agreement covers this without Mike’s help.” posed by KCSR.” about 20 locomotive engi- BLET’s Division 238 in Ta- Once it was determined the case was a “mi- neers and contains a signing coma, Wash., represents nor” dispute, the Unions then argued for a “sta- bonus and significant members from both the tus quo” injunction pending resolution of the wage and paid time off im- BNSF Railway and Tacoma dispute before an arbitrator. Judge Foote denied provements, as well as health Rail. Tacoma Rail engineers the Unions’ argument. and welfare benefits equal to ratified and signed the agree- BLET National President Dennis R. Pierce ex- other city workers in Taco- ment on June 10, 2013, at the pressed disappointment at both aspects of the ma, Wash. The agreement carrier offices at the Tide From left: General Chairman Mills and Vice President Twombly. ruling, but vowed that the Union would contin- also provides (for the first Flats yard facility in Taco- ue the fight. “The Judge’s ruling is a big disap- time) regular 5-day bid as- Vice Chairman Marcus state of Washington.” ma, Wash. pointment, but in this day and age, it comes as signments, a job applica- Mazique, who were assist- Vice President Twombly Tacoma Rail has more no real surprise,” Pierce said. “It is extremely dif- tion method of assigning ed by National Vice Presi- said, “This outstanding than 100 employees and op- ficult to convince any federal court that an RLA work, a displacement rule, dent Mike Twombly, for a job agreement is the byproduct erates 14 locomotives over dispute is ‘major.’ We will continue to assist set lunch periods and an ex- well done. of good faith bargaining on 200 miles of track in great- the KCS General Chairmen in their struggle. As tra list with a 48 hour guar- “I thank these Brothers both sides of the table and er Tacoma and Olympia, the Judge explained, ‘At the end of the day, the antee. In addition, the agree- for their hard work in obtain- recognizes the leadership and Wash. The railroad servic- Unions may prevail regarding interpretation of ment has improved discipline, ing a superior contract,” Pres- hard work of BLET General es three major ports, K- the [Collective Bargaining Agreement].’ We will claims, and grievance rules. ident Pierce said. “Tacoma Chairman Ron Mills and his Line, Hyundai, and PCT now do our utmost to prove to an arbitrator that BLET National President Rail is unique in that it committee.” Evergreen container freight, this outrageous intrusion in the lives of locomo- Dennis R. Pierce recognized is owned by the City of Ta- General Chairman Mills and interchanges with the tive engineers and trainmen is well beyond what the negotiating team of Gen- coma and operated as a pub- said, “Vice President Twom- BNSF Railway and Union the contract allows KCSR to do.” • eral Chairman Ron Mills and lic utility by the city and the bly’s vast knowledge of all the Pacific. • BLET President’s Message 2015 Triennial Elections Photo Albums Why I am a Proud A reminder that continuous good 2013 EUMA and IWC Union Member pg. 2 standing is required for 24 months pg. 3 pgs. 5 & 6 • Register for News Flash email alerts at: www.ble-t.org • 2 WWW.BLE-T.ORG BLET PRESIDENT’S MESSAGE BY Dennis R. Pierce Why I am a Proud Union Member s you know by now, or in their off duty time, and this their rights to work assignments the BLET National Newsletter message is to again based on their seniority, and Division launched a invite those members to be more they lost all rights to a hearing ca mpaign ma ny involved in their union. before being terminated. Amonths ago to internally mobi- As I have shared this message I would ask each member to lize our members, young and old, across the country, I have had stop and think about your own to be more interested and more many members ask candid and employer and the way it treats involved in our union. Our direct questions not only as to you now, even with union rep- “Proud to be American, Proud why they should be involved, but resentation. Without represen- to be Union” campaign has made many who have never worked in tation, imagine the assignments a real difference in that internal a union represented work place at your terminal being awarded mobilization effort, and the in- ask why they should even be in not by seniority, but instead teraction I have had with mem- a union at all. It is apparent from based upon the whims of a lo- bers across the country has con- some of these exchanges that the cal trainmaster. Imagine the em- vinced me that our efforts are forces that are waging the war ployer having the right to fire making a difference. on working class Americans have you only because that same That is not to say that we have done a very good job of turning trainmaster decided you were a accomplished our goal that all working class Americans against problem because you considered members take an active interest unions. That is true in spite of a safe work place to be more im- in their union, or that our work the fact that it is only because portant than a dangerous work- towards that goal will stop. To the there is a “union pay scale” that place where production was the contrary, we have much work to the wages and benefits paid to President Pierce at the 2013 SWCM in New Orleans. only priority. Imagine that same do, and the Officers that I am non-union employees as high as tiations. At the point in time that These employees were within trainmaster setting your pay proud to serve with on the Advi- they are. In fact, the ripple effect the union could be challenged a stone’s throw of having the con- thousands of dollars a year less sory Board are continuing in their unions create throughout the as the representative, generally tractual protections provided by than his favorite employee’s pay. efforts to be out in the field, meet- economy is the very reason that two years after the union was a seniority roster and a due pro- That is just a piece of what the ing with the membership to hear the corporate interests who work first designated, WATCO man- cess rule for discipline, but the non-union railroad world looks first-hand about the issues im- to destroy labor unions are wag- agement started a propaganda absence of the due process rule like, and I am certain that all portant to them. Whether it be ing this war. Their goal is actu- campaign designed to convince during the bargaining period is BLET-represented operating em- our attendance at a Division meet- ally quite simple: less for work- its employees to dump the union. what allowed the railroad to ter- ployees can relate to how swift- ing, a General Committee Meet- ing class Americans means more That effort gained steam large- minate almost every employee ly your work experience would ing, a State Legislative Board for corporate America. ly due to the Carrier’s own re- who originally voted for BLET change if you were not protect- meeting, or at a Town Hall meet- It is also clear to me that we fusal to bargain in good faith on representation.
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