Advisory Board to suspend dues assessment after March, April collections; NMB collects cross-utilization data on KCS

The BLE's Advisory Board passed a motion on January 31 that will suspend the temporary dues assessment after two months of implementation.

BLE members will be assessed the additional $25 for March and April only.

At its upcoming February meeting, the Board will revisit the issue to determine if further action is necessary.

BLE International President Don M. Hahs said, "The Executive Committee has determined that the March and April assessments, coupled with other funds that are available, should provide adequate financing to defend the BLE on the Kansas City Southern in the event the National Mediation Board issues an adverse ruling."

Regarding the BLE's defense of historic operating crafts on the Kansas City Southern, the National Mediation Board has given KCS management until February 22 to submit certain information regarding the cross-utilization of employees working in the operating crafts.

In a January 28 letter, the NMB requested that KCS management provide the following information:

• The total number of persons employed by the Carrier and working in each of the crafts or classes of Conductor, Trainman, Brakeman, Switchman, Yardman (i.e. Train Service crafts); and Locomotive Engineer, Fireman, Hostler, Hostler Helper (i.e., Engine Service crafts) on June 15, 2001 and September 15, 2001.
• The number of employees hired into a Train Service craft or class by the Carrier before November 1, 1985, who were employed by the Carrier and working in a Train Service craft or class as of June 15, 2001 and September 15, 2001.
• The number of employees hired into a Train Service craft or class by the Carrier after November 1, 1985, who were employed by the Carrier and working in a Train Service craft or class as of June 15, 2001 and September 15, 2001.
• The number of employees hired into a Train Service craft or class by the Carrier before November 1, 1985, who were employed by the Carrier and working in an Engine Service craft or class as of June 15, 2001 and September 15, 2001.
• The number of employees hired into a Train Service craft or class by the Carrier after November 1, 1985, who were employed by the Carrier and working in an Engine Service craft or class as of June 15, 2001 and September 15, 2001.
• The seniority rosters covering the period June 15, 2001 through September 15, 2001, for all periods employed by the Carrier in the Engine Service and Train Service crafts or classes, and the date each person entered the craft or class covered by the seniority roster.
• An analysis of the numbers and percentage of time persons employed in the Train Service craft or class have spent doing tasks in the Engine Service craft or class, for the period of June 15, 2001 and September 15, 2001.
• For any employee hired in the Train Service craft or class before or after November 1, 1985, the number and percentage of such employees receiving or holding certifications as Locomotive Engineers for each year between 1985 and 2001.
• The number of employees in the Train Service craft or class who received a seniority date in the Engineer Service craft or class during the period from June 15, 2001 and September 15, 2001.
• The names of any trainmen who are not certified but currently being trained for engineer certification.
• Copies or a list of all operating, safety and/or incidental work rules that apply to both trainmen and engineers.
• Copies or a list of all operating, safety and/or incident work rules that apply only to trainmen.
• Copies or a list of all operating, safety and/or incidental work rules that apply to only engineers.
• Job descriptions for engineers.
• Job descriptions for trainmen.
• Compare and contrast the pay scale and incentives or extra pay for trainmen with the pay scale and incentives or extra pay for engineers.
• Define the concept of cross utilization and the concepts of ebb and flow, as well as the differences, if any, between the two concepts.
• Describe the locomotive remote control technology and which employees will be using the new technology.

In a February 1 letter to the NMB, attorneys for the United Transportation Union objected to the time frame of June 15, 2001 to September 15, 2001, stating that the time period was too short.

"This is not a 'preponderance check' to determine in which craft employees should vote, but rather an investigation as to whether a single craft or class of Train and Engine Service Employees exists on KCS," the UTU attorneys wrote.

To help in the defense of historic operating craft lines before the NMB, the BLE has retained the services of the Washington, D.C. law firm Baptiste & Wilder, P.C. Roland P. Wilder Jr. will represent the BLE at the NMB.

Mr. Wilder has appeared hundreds of times before the NMB on behalf of various labor clients.

The firm primarily represents labor unions and has years of experience presenting cases before the NMB in both the railroad and airline industries. In addition to the BLE and the International Brotherhood of Teamsters, Baptiste & Wilder have represented mechanics, flight attendants and fleet service employees in hearings before the NMB.

Roland P. Wilder Jr., left, will represent the BLE before the National Mediation Board to protect historic rail operating crafts. He discusses case material with, from left, ID Staff Attorney T.C. Brennan and General Secretary-Treasurer W.C. Walpert.

© 2002 Brotherhood of Locomotive Engineers