UNITED SUPERVISORS COUNCIL OF AMERICA

a division of the TCU and UTU International Unions


9828 Montana, Suite P-1 El Paso, Texas 79925 (915) 591-5478 Fax (915) 592-0654

General Chairmans Newsletter - Winter Edition - 2003

Dear Sisters and Brothers:

We hope this Newsletter find you and yours in good health and doing well. We have a lot to tell you so we’ll get on with it.

CONTRACT NEGOTIATIONS

There is no "simple" explanation on this subject. It is complicated by numerous factors. First, the Health and Welfare issue (the Carriers want the employees to pay a portion of the cost) is still unresolved. Our two "parent" Unions, the Transportation and Communications Union (TCU) and the United Transportation Union (UTU) are still in negotiations to resolve this issue. The UTU, as we understand it, is in a 90 day negotiation process and TCU is scheduled to present its case to a Neutral Panel on January 20, 2003. We expect a quick decision (by the end of January) from the Panel on TCU’s arbitration. We have no current information in regards to where the UTU is in their negotiations. We expect, all though it is still unsure, that the negotiations will move quickly once these are completed. We have remained in contact with the UP and they continue to hold still waiting for these decisions.

We met in September and discussed our proposal at length with the Carrier. Our proposals were a combination of the finalized contracts by the UTU (Y) both Nationwide and on the CSX. These proposal included a variety of proposals and the meetings were concluded with the Carrier stating that they had to run them by their "bean counters". There has been some correspondence since then but basically Labor Relations is "stonewalling". It is clear to us that they are hedging their bets waiting for the final resolution that will come from the negotiations with TCU and UTU.

One thing you should know is that every Yardmaster in the U.S. has a contract - except those on the UP. Just another way in which the UP is attempting to endear itself in our hearts. Try and remember that next time you go to work.

We expect to meet in February (depending on a resolution in January of the H&W issue) to further discuss our contract. If the company continues to "stonewall" us, we will seek relief under the Railway Labor Act (RLA). Enough is enough.

We are fully aware of the hardships you endure at work with the increase of work placed on our positions and, to make matters even worse, they simply don’t want to pay us. This is not the first time we have been through this with a Carrier and, while the hardships may continue, we have absolutely no intentions of caving in to their demands - even if it requires severe actions. We need your full support and confidence as we continue to negotiate on your behalf. Believe us when we say that if you continue to support the Union, as you have done many, many times in the past, all of us will come out of this better off than we are today.

DISCIPLINE

We’ve seen an increase in Yardmasters being "charged" for such things as train makeup. Here’s a few examples:

Yardmaster dismissed for pulling a pin in the wrong place and delaying UPS pigs.

Yardmaster given a Level 1 for failure to perform the scheduled work on his shift, even after the MYO took his only crew and left him with no engines ! The MYO was not disciplined.

Yardmaster charged for the 20 mty’s / 20 loads rule - even after the consist was proved to be incorrect.

2 Yardmasters charged for failure to "follow instructions" (these two gentlemen had over 80 years of Yardmaster experience) when they did what was right instead of what some less experienced manager told them to do. (These charges were later "dropped")

Yardmaster charged for "improper use of the radio" (He failed to specifically use an exact location, but used the same term that has been used in this terminal for 50 years)

A union official charged for a disagreement (he was laid off on union business) with CMS.

There’s more but we think you get the point - be very careful, it seems to make no difference to those in charge that you are "buried" up to your neck - if you make a mistake, you can bet some problems are sure to follow.

In addition to the discipline increase, we are receiving more and more complaints over "micro-management", "Monday morning quarter-backing" and just plain harassment. As the cuts continue the pressure will increase to "do more with less". Be very careful.

What is painfully obvious is that most managers have little or no respect for the craft. In fact, and we are sure you already know this one, when the chips are down, the managers are going to blame you for whatever goes wrong. The resolution to this of course is to protect yourself - don’ t make any decisions without the concurrence of the manager - they think they can run the yard better than you - give them an opportunity. Follow instructions - exactly - and don’t argue with them. Be sure and keep a good record of what happened on your shift - especially if things are bad. You should keep those records for a minimum of 60 days. Do not leave these "notes" where they may "disappear" by unknown forces. We seen it happen - protect yourself and your family.

We are concerned enough that, for the first time, we strongly suggest that you inquire about obtaining job insurance.

MEDICAL ISSUES

Understandably we are seeing an increase in Yardmasters either restricted in hours per week or taken out of service for medical problems. These problems vary from everyday problems such as gall bladder surgery, to serious problems with stress, anxiety and depression as well as other health problems such as seemingly stress related heart problems. What is even more onerous is that recently restrictions placed on yardmasters by their personal physicians are being unilaterally removed by the Service Units. In some cases, without notice to the yardmaster. We are trying to work through these issue with the medical people. If you currently have a medical restriction you may want to be watchful to be sure they are not removed without your knowledge. If this occurs you should contact your General Chairman.

In the next few months we will conduct a "blind" study to further determine the extent of the health issues of our members. The study will help us in dealing with the Carrier to help reduce the work-loads. You should expect a questionnaire in the next few months that will ask some specific medical questions - such as "Are you currently taking medication for stress related health problems ?" This form is completely voluntary and will not ask you for your name, social security number, etc. You will be asked to return it in a envelope without any way of identifying you by name. The information obtained from this form will then be placed in a data base so that we will be able to produce charts and graphs that will be used to determine the extent and seriousness of these health issues. Please fill out the form upon receipt and return it as soon as possible to the address indicated in the instructions.

CENTRALIZATION

We discussed this briefly in our last Newsletter but it continues to be a concern. We have made our position fully known to the Carrier in that it’s just a plain bad idea. Productivity suffers, as well as an expectation of loss of positions. We currently have two locations that have been centralized. Bakersfield and Sacramento California. In both cases the yards have been downsized or closed except for one shift. The positions have been moved to Roseville California where two positions (one for the daylight shift to cover Sacramento and Bakersfield and an afternoon shift to cover Bakersfield and Sacramento. Both of these locations are covered under a "Centralization Agreement" (which dictates training, number of positions, etc) that was negotiated between the USCA and UP.

As we said, its just a bad idea and the UP seems destined to deny history. Centralization in both Crew Dispatching and Trains Dispatching has proven to be costly and ineffective. But, you know the UP - spend a dollar to save a dime. This issue seems to be no exception to the rule.

It is expected that further consolidations will be requested but, at least at this time, no further efforts are under way. Strangely, this issue has only raised its ugly head on the Western Region and no other VP seems to be interested - at least at this point. What history has taught us however (at least on this road) is that if it cuts off a position the loss of production at terminals doesn’t seem to be important - only the budget. Apparently (unlike a lot of other companies) the "bean-counters" are in control and they frankly don’t care about productivity, which, by the way, they have not figured out how to calculate the "cost" of the loss.

Electronic Updates

We have many of our members received weekly updates on a variety of issue via E-Mail. These updates are sent as conditions arise that we feel you need to know as soon as possible. These range from negotiations updates to Railroad Retirement changes. They contain updates on the latest information regarding discipline issues, to the consolidation issue. In addition, Newsletters such as this one are forwarded by E-Mail which, of course, reduces our postal and secretarial expenditures. If you would like to receive the Updates (produced as conditions warrant) as well as these Newsletters via E-mail, just drop a note to acswrsa@elp.rr.com and we will add your name to the list. I hope all of you that currently have e-mail will avail yourself of this method to receive current news.

Overview

In closing we again state that given the current attitude towards yardmaster we urge you to be more that just cautious- but extremely careful about the decision you make at work. There seems to be a trend to increase the work-load and then use the yardmaster as a "scapegoat" for any and everything that goes wrong. We strongly urge each of you to be aware of these issues and be governed accordingly. Whatever you do - think SAFETY FIRST.

If you need further information regarding the subjects addressed in this Newsletter, or any other issues of particular interest, please feel free to contact your General Chairman.

                                                                                                    Fraternally,

                                                                 David Just            Mike Thompson            Rusty Strain