Posts under “River”
Violation River Seniority District - DME/ICE Trains
From Rob Newhouse
December 10, 2009
Mr. Daniel Elliott, Chairman
Surface Transportation Board
Mr. Brian O’Boyle
Surface Transportation Board
Rail Customer & Public Assistance
Dear Sirs,
United Transportation Union Local 911 is requesting your assistance with the matter of the DM&E and IC&E Railway purchase agreement. Please reference CP Railway’s
statements 4-18-08 CPR-14 DME-14 PUBLIC VERSION in the filing with the Surface Transportation Board and their response to Local 911’s list of concerns.
On page 66 CP Railway states that there are protection agreements that would cover our issues. The facts are that Local 911 Seniority runs from St. Paul, MN to
La Crescent, MN. DM&E / IC&E trains where only going to amount to one train per day in each direction according to the statement in the filing to the Surface Transportation Board.
The facts are enclosed Exhibit 1: July 13 through October 30 which show that many more than one train are traveling on our seniority district. This figure is increasing each month. This clearly shows increases in the violations against UTU Local 911 seniority district. This adds to the loss of our jobs/earnings in which Local 911 holds the contract for this River Seniority District.
Exhibit 2A, 2B : Our concerns were considered “a nonexistent problem of Local 911’s own invention” as stated in CP filing statement.
Obviously we were not inventing anything as our concerns have become our reality. Canadian Pacific Railway states that we are covered under contractual agreements and that we are not adversely effected by these trains, both statements are clearly not the facts. Protection of Local 911 Seniority District is not being implemented or even acknowledged as being violated.
Exhibit 3: In the STB decision 39346 page 29 of 36 paragraph 3 states that “CPRC would not shift traffic from Soo Line Trains to IC&E Trains to create a lower scale in place of the one current used and manned by CPRC employees”.
Paragraph 4 **at no time have we (911) requested jobs currently being held by IC&E employees on IC&E Lines be given to Soo Line Employees.
There is an interchange point at River Junction (La Crescent, MN) which has been
in place since the sale of the Dubuque Division IMRL. There has never been a contractual change of this interchange location. Exhibit A, Exhibit B
We are requesting your assistance regarding this situation in which our seniority district protections are totally being ignored. That the basis for the purchase of DM&E / IC&E was not factual and that we are not being represented under our contract protections. We are therefore bringing this matter to your attention to be resolved.
Respectfully Submitted,
Jerome J. Ott, LC 911-Road
Cc: James Nelson, GO261
D. W. Towner, S/T 911
S. Carlberg, DME/ICE Committee
Local 911 Website
IC&E violations 2nd train on the river sub -
DATE LOCATION TRAIN: On Duty Off Duty MILES TIME POOL # CDS D/H
7/13 MARQUETTE DH4850QP 9:35 180 4"25" QP02 X
7/17 MARQUETTE 2-171-17 4:30 180 11'25" MU01 X
7/27 ST PAUL 2170-27 19:15 180 12'15" QP02
8/4 ST PAUL DH4617QP 11:50 180 4'25" QP03 X
9/12 MARQUETTE 2-171-11 1:00 180 11'00" QP01
9/28 MARQUETTE DH4850QP 22:00 180 4'30" QP03 X
9/29 ST PAUL 2-170-29 16:00 180 12'00" QP03
10/3 MARQUETTE H4580 T 0:05 180 3'55" QP01
10/3 ST PAUL 2-170-03 16:45 180 12'45" QP01
10/8 MARQUETTE 2-171-07 22:30 180 13'15" MU01
10/9 ST PAUL 2-170-09 18:00 180 16'15" QP03
10/11 MARQUETTE 2-171-10 3:00 180 11'30" QP02
10/12 MARQUETTE 3-171-10 8:15 180 10'15" QP03
10/14 MARQUETTE 2-171-13 11:45 180 14'30" QP02
10/21 ST PAUL DH 7:45 180 5'00" QP01 X
10/30 MARQUETTE 2-171-29 6:00 180 16'30" QP03
10/30 MARQUETTE DH4617QP 8:00 180 4'15" QP02 X
TOTAL MILES 3060
Posted in River on 12.11.2009 3:19pm
DM&E Letter to Robert Kerley
From Rob Newhouse
August 20, 2009 Certified Mail #
7007 2560 0000 8512 4038
Robert D. Kerley
UTU International Vice President
320 Hickory Lane
Ozark, MO 65721
Dear Sir and Brother,
I am writing to you regarding the Interdivisional Run from Portage, WI to Minnesota City, MN that is taking effect August 22, 2009. We have had much communication between UTU 911 and GO 261 and the International Office that sent you to discuss these issues with us. I am sending you our Local’s formal concerns regarding these issues. Our Local has expressed concerns regarding the DM&E gateway since its proposed purchase by Canadian Pacific Railway. Our seniority district miles are being taken away by Local #590 without a feasible and safe solution. The proposal by Local #590 for recapturing miles is as follows: River UTU conductors must drive a minimum of 230 miles to work from St. Paul, MN to Portage, WI. Then drive home again after working the trip of typically 10-12 hours...
These are our concerns with such an unreasonable proposal: WITH THE NEW LEGISLATION THAT TOOK PLACE JULY 16, 2009 DESIGNED TO SOLVE FATIGUE AND SAFETY ISSUES; THE SUGGESTION TO FORCE OUR UTU MEMBERS TO DRIVE OVER 230 MILES TO WORK (WHICH TAKES OVER 3 HOURS AND 45 MINUTES) THEN SIT IN THE PORTAGE DEPOT TO WAIT FOR A TWO HOUR CALL, THEN WORK A SHIFT OF TYPICALLY 10 TO 12 HOURS, THEN TIE UP, THEN DRIVE THE RETURN TRIP HOME REPEATING THE 230 MILE DRIVE IS TOTALLY UNSAFE.AND RIDICULOUS. ESPECIALLY SINCE THERE IS A MORE SENSIBLE OPTION WITH MINIMAL IMPACT ON BOTH LOCAL # 590 AND LOCAL # 911 MEMBERS.
IF THE CARRIER WERE SUGGESTING SUCH AN OUTRAGOUSLY UNSAFE AND UNREASONABLE PROPOSAL THE UTU ON EVERY LEVEL WOULD BE TOTALLY OUTRAGED AND UNAGREEABLE TO SUCH PROPOSAL. OUR UNION THE UTU IS SUPPOSED TO PROTECT US FROM UNSAFE CONDITIONS SUCH AS THIS.
Safety Issues:
A UTU member forced to Drive to and from work a minimum of 230 miles (3 hours 45 minutes) each direction. This is a “minimum” especially due to weather, heavy traffic (especially around holidays & summer vacationers), road construction & traffic accident delays (possibly arriving at work late and hurried from traffic, in turn subject to “Discipline” for being late). Sitting in the depot after arriving at Portage , then waiting for a two hour call added to the approximately 4 hour drive to work.
Fatigue and Alertness on the job; the UTU # 911 “forced commuter” would be fatigued under these circumstances. Not only their personal safety but also the safety of any crews he works with or meets in route to and from Minnesota City, MN and also the crews they work with at LaCrosse and Winona Jobs picking up and setting out at La Crosse, WI and Winona, MN. Not to forget the general public who could be affected by this fatigued commuter.
We have already had two major accidents with train crews / fatigue within the last year and half; both within the vicinity of La Crescent, MN. Everyone who works with or comes in contact with this “forced commuter” is at higher risk of incident. This decision would be contradictory to the new legislation which has been hard fought for the reduction of fatigue and the quality rest issues.
The UTU has always been a leader in safety. This proposed solution to the recapture miles by Local # 590 to # 911 is giving no consideration to this serious safety issue. The BLE –T has very sensibly just ruled that the miles will be recaptured in the existing ID Pool. That way no one is driving excessive miles with excessive commute time. That no one is expected to pay out exorbitant rest expenses, and auto expenses, and meal expenses and would not be expected to sit in a depot waiting for their two hour call. Any employee forced to this JOB would be financially ruined and be expected to be away from home and family unreasonable amounts of time. These are major factors in stress / rest and fatigue which are known to cause less focus while on the job.
Even if a Local # 911 member were to be given moving allowance under New York Dock, the issue of living away from family, friends and other connections would be a major stress for that member. Due to the heavy work hours in our line of work, unscheduled days off, being on call and related issues still exist. Being away from home town, family, friends, especially for special events and holidays would keep this person on the road on their time off. It is not optimal to have employees stressed due to forced away from home and family living situations.
As of November 10, 2008 D M &E trains out of the Minnesota City, MN are being staffed by I D Crews out of St. Paul, MN. It is sensible to put these miles back into the I D Pool to be re-captured by the River Crews in the I D Pool. The River Crews have lost these miles from the I D Pool.
This is not just a current issue; it is also the outcome of the future job protections that is at stake. All aspects of the long term effects must be thoroughly looked at and considered in each individual situation with safety being the top priority in every decision.
River Seniority Miles Effected by changes between Medary, WI & Minnesota City, MN
Joint Seniority Agreement with La Crosse Switchmen dated on June 30, 1972.
River Seniority bottomed the La Crosse Seniority District and visa versa.
Seniority District Limits at La Crosse runs from one mile east of Grand Crossing Mile Post 279 Reference: Bulletin # A 12 and B 6 of the UTU National Agreement dated August 25, 1976 Article XI.
Winona Limits at Goodview Mile Post 313.3 = 34.3 Miles. Return back to Depot to tie up at Mile Post 308 = 5.3 Miles
Total Miles = 39.6 Miles (40 rounded up) Miles Lost from our seniority district in this proposal by Local # 590.
Note
Between Tower CK and Mile Post 312.8 Canadian Pacific Railway owns the property, does all the maintenance and does over 90% of all switching by UTU # 911 Road Switcher Crews and 580 and 581 River Crews. Regarding a letter from Mr. Nelson to Ms. C. S. Frankenberg dated July 10, 2009 reference to miles in the second and third paragraph, the percentage of miles are wrong. He states that the Portage Crews have 70% of the miles and the River has 30%.
It is our view that Wisconsin Division Crews out of Portage have no claim to miles in our seniority district any more than we do in theirs. This is a mile grab at the expense of all those involved with absolutely no regard for the fatigue and safety of a fellow UTU member that would be working under these conditions.
We at Local 911 are the largest UTU Local Membership at 200 +conductors in Minnesota that work on Canadian Pacific Property. We as a Local will be looking to receive your written response in this matter ASAP, as it is of vital importance to our Local’s membership. The majority of our members are very upset regarding GO-261 General Chairman’s position and they do not understand why we are not adopting the same sensible and safe solution as the BLE-T. Further, Local 911 members do not feel that their numerous concerns and safety issues are being considered in this outrageous proposal.
Fraternally Yours,
Jerome J. Ott, UTU Local Chairman 911- Road
Cc
Mike Futhey, UTU International President
Arthur Martin III, UTU International Assistant President
Kim Thompson, UTU International General Secretary & Treasurer
Phillip Qualy, UTU MN State Legislative Representative
James H.Nelson, UTU General Chairman GO-261
D. W. Towner, UTU Local 911 Secretary & Treasurer
Posted in River on 11.04.2009 8:25pm
DM&E Letter to Mike Futhey
From Rob Newhouse
September 25, 2009
Mike Futhey
UTU International President
14600 Detroit Ave.
Cleveland, OH 44107
Dear Sir and Brother,
I am writing to you regarding the Interdivisional Run from Portage, WI to Minnesota City, MN that has taken effect August 22, 2009. We have had a meeting with Vice President R. Kerley on September 22, 2009 to discuss these issues. During the meeting Mr. Kerley told me that you will be making the final decision regarding our dispute over our seniority district and how our miles will be recaptured. I am sending you a packet of information pertinent to this situation. Respectfully I am not trying to overstep Mr. Kerley I am just providing you with as much evidence as is available that will affect my almost 200 members. Local 911 membership are all very concerned about the outcome of your decision.
In our meeting on September 22nd Mr. Kerley, Mr. Nelson and Mr. Croft brought up some options to recapture miles that we at Local 911 feel are unacceptable. Below I explain why we appose both proposals.
Their Proposal Option 1: Relocation under New York Dock rules would only qualify one maybe two Local 911 members. We would only be entitled to one/two jobs due to the job being under 40 miles with the existing work at this time. Therefore, we would only be allowed one relocation. In the future with any new business, River Local 911 membership would be forever excluded. Furthermore, when that relocated member is gone then that job would be forever lost to Local 911. 65% of Local 911 Membership will be retiring in the next ten years. Therefore, the replacement employees will not ever have any claim to these miles or jobs. These miles are located in our River Seniority District yet we would permanently loose 1/3 of our seniority district under this proposal.
Their Proposal Option 2: Reversed Lodging; Which commuting is still a major problem and safety issue to that suggestion. The percentage of miles recaptured is not enough to support a full schedule and in turn is not enough as a living wage for an employee. The employees home terminal would be at Portage therefore, the long lay over would be at Portage. All Vacation, PL, Sick, Holiday & Safety Days, Deadhead or Dog Catch none of these would ever be called from the St. Paul Extra Board. This providing another example that this proposal also would permanently adversely affect Local 911 members River Seniority.
911 Proposal Option 1: Recapture miles from the ID Pool in which the jobs were lost. This allows a safe option as there would be no change of calling procedure or agreements or relocation. This would have no impact on Local 911 Membership or the Carrier. The pool would recapture miles over the full month by adjusting the active accordingly. Mr. Croft stated at the meeting that they would as of now loose nine trains for recapture miles which equals one turn per month. 911 Proposal Option 2: Two ended pool with home terminals being at Winona and Portage keeping the existing ID Agreement intact. However, this proposal is not optimal as it would not be enough to support a full schedule and in turn is not enough as a living wage for an employee with existing work especially with commuting costs.
It is a known fact that on the Milwaukee, SOO, CP property the UTU has always been the leader in establishing agreements well ahead of the BLET for its members. The UTU were the first with an ID Agreement from St. Paul MN to Portage WI running through La Crosse WI, with the engineers getting off at La Crosse. After our agreement the BLET followed with an ID Agreement some months later. Additionally, the UTU was the first with the Sprint Agreement; St. Paul MN to Milwaukee WI where engineers got off at Portage WI for quite some time. Again, the BLET eventually followed suit.
The UTU has always set the mark for the best agreements. Another example; was the case in 1994 when we had to strike in order to keep national health and welfare benefits. Still another example; when the UTU lead the way with initiating trip rates so our junior members would be brought up to parity with our other senior members. All these examples and more were always initiated by the UTU well ahead of the BLET.
Now the BLET makes an agreement to make up ID miles in the ID Pool, but our current GO-261 General Chairman wants us to lose out in this effort for our junior members because he favors his own Local 590. It is our consensus, that Chairman Nelson can’t see the whole picture beyond his own personal desires for his own Local. Therefore, he won’t do the right thing for the general welfare and good of all UTU members under his domain by agreeing to make up the miles in the ID Pool as the BLET already has.
This attitude of taking care of his own Local 590 and making decisions solely to benefit that group has been putting my members, which I may add is 120 + more than his local, in a situation where I have had to try to keep my members from joining the BLET due to their retort that “they are not being fairly represented in Chairman Nelson’s decisions.
Especially since the Local 590 has already gained two members jobs for every members jobs that we at Local 911 have lost. They gained 4 turns in the ID Pool Portage to Minnesota City and we have lost 2 turns in the ID Pool St. Paul to Portage. Still they are fighting to take our jobs by coming up with unfeasible and unsafe ways to recapture our miles.
Fraternally Yours,
Jerome J. Ott, UTU Local Chairman 911- Road
CC Robert D. Kerley, UTU Vice International President
Arthur Martin III, UTU International Assistant President
Kim Thompson, UTU International General Secretary & Treasurer
Phillip Qualy, UTU MN State Legislative Representative
James H.Nelson, UTU General Chairman GO-261
James R. Croft UTU Local Chairman 590
D. W. Towner, UTU Local 911 Secretary & Treasurer
Posted in River on 11.04.2009 8:16pm
River issue from Jerry Ott
From Rob Newhouse
August 20, 2009 Certified Mail #
7007 2560 0000 8512 4038
Robert D. Kerley
UTU International Vice President
320 Hickory Lane
Ozark, MO 65721
Dear Sir and Brother,
I am writing to you regarding the Interdivisional Run from Portage, WI to Minnesota City, MN that is taking effect August 22, 2009. We have had much communication between UTU 911 and GO 261 and the International Office that sent you to discuss these issues with us. I am sending you our Local’s formal concerns regarding these issues. Our Local has expressed concerns regarding the DM&E gateway since its proposed purchase by Canadian Pacific Railway. Our seniority district miles are being taken away by Local #590 without a feasible and safe solution. The proposal by Local #590 for recapturing miles is as follows: River UTU conductors must drive a minimum of 230 miles to work from St. Paul, MN to Portage, WI. Then drive home again after working the trip of typically 10-12 hours...
These are our concerns with such an unreasonable proposal:
WITH THE NEW LEGISLATION THAT TOOK PLACE JULY 16, 2009 DESIGNED TO SOLVE FATIGUE AND SAFETY ISSUES; THE SUGGESTION TO FORCE OUR UTU MEMBERS TO DRIVE OVER 230 MILES TO WORK (WHICH TAKES OVER 3 HOURS AND 45 MINUTES) THEN SIT IN THE PORTAGE DEPOT TO WAIT FOR A TWO HOUR CALL, THEN WORK A SHIFT OF TYPICALLY 10 TO 12 HOURS, THEN TIE UP, THEN DRIVE THE RETURN TRIP HOME REPEATING THE 230 MILE DRIVE IS TOTALLY UNSAFE.AND RIDICULOUS. ESPECIALLY SINCE THERE IS A MORE SENSIBLE OPTION WITH MINIMAL IMPACT ON BOTH LOCAL # 590 AND LOCAL # 911 MEMBERS.
IF THE CARRIER WERE SUGGESTING SUCH AN OUTRAGOUSLY UNSAFE AND UNREASONABLE PROPOSAL THE UTU ON EVERY LEVEL WOULD BE TOTALLY OUTRAGED AND UNAGREEABLE TO SUCH PROPOSAL. OUR UNION THE UTU IS SUPPOSED TO PROTECT US FROM UNSAFE CONDITIONS SUCH AS THIS.
Page 2
Safety Issues:
A UTU member forced to Drive to and from work a minimum of 230 miles (3 hours 45 minutes) each direction. This is a “minimum” especially due to weather, heavy traffic (especially around holidays & summer vacationers), road construction & traffic accident delays (possibly arriving at work late and hurried from traffic, in turn subject to “Discipline” for being late).
Sitting in the depot after arriving at Portage , then waiting for a two hour call added to the approximately 4 hour drive to work.
Fatigue and Alertness on the job; the UTU # 911 “forced commuter” would be fatigued under these circumstances. Not only their personal safety but also the safety of any crews he works with or meets in route to and from Minnesota City, MN and also the crews they work with at LaCrosse and Winona Jobs picking up and setting out at La Crosse, WI and Winona, MN. Not to forget the general public who could be affected by this fatigued commuter.
We have already had two major accidents with train crews / fatigue within the last year and half; both within the vicinity of La Crescent, MN. Everyone who works with or comes in contact with this “forced commuter” is at higher risk of incident. This decision would be contradictory to the new legislation which has been hard fought for the reduction of fatigue and the quality rest issues.
The UTU has always been a leader in safety. This proposed solution to the recapture miles by Local # 590 to # 911 is giving no consideration to this serious safety issue. The BLE –T has very sensibly just ruled that the miles will be recaptured in the existing ID Pool. That way no one is driving excessive miles with excessive commute time. That no one is expected to pay out exorbitant rest expenses, and auto expenses, and meal expenses and would not be expected to sit in a depot waiting for their two hour call. Any employee forced to this JOB would be financially ruined and be expected to be away from home and family unreasonable amounts of time. These are major factors in stress / rest and fatigue which are known to cause less focus while on the job.
Even if a Local # 911 member were to be given moving allowance under New York Dock, the issue of living away from family, friends and other connections would be a major stress for that member. Due to the heavy work hours in our line of work, unscheduled days off, being on call and related issues still exist. Being away from home town, family, friends, especially for special events and holidays would keep this person on the road on their time off. It is not optimal to have employees stressed due to forced away from home and family living situations.
Page 3
As of November 10, 2008 D M &E trains out of the Minnesota City, MN are being staffed by I D Crews out of St. Paul, MN. It is sensible to put these miles back into the I D Pool to be re-captured by the River Crews in the I D Pool. The River Crews have lost these miles from the I D Pool.
This is not just a current issue; it is also the outcome of the future job protections that is at stake. All aspects of the long term effects must be thoroughly looked at and considered in each individual situation with safety being the top priority in every decision.
River Seniority Miles Effected by changes between Medary, WI & Minnesota City, MN
Joint Seniority Agreement with La Crosse Switchmen dated on June 30, 1972.
River Seniority bottomed the La Crosse Seniority District and visa versa.
Seniority District Limits at La Crosse runs from one mile east of Grand Crossing Mile Post 279 Reference: Bulletin # A 12 and B 6 of the UTU National Agreement dated August 25, 1976 Article XI.
Winona Limits at Goodview Mile Post 313.3 = 34.3 Miles. Return back to Depot to tie up at Mile Post 308 = 5.3 Miles
Total Miles = 39.6 Miles (40 rounded up) Miles Lost from our seniority district in this proposal by Local # 590.
Note
Between Tower CK and Mile Post 312.8 Canadian Pacific Railway owns the property, does all the maintenance and does over 90% of all switching by UTU # 911 Road Switcher Crews and 580 and 581 River Crews. Regarding a letter from Mr. Nelson to Ms. C. S. Frankenberg dated July 10, 2009 reference to miles in the second and third paragraph, the percentage of miles are wrong. He states that the Portage Crews have 70% of the miles and the River has 30%.
It is our view that Wisconsin Division Crews out of Portage have no claim to miles in our seniority district any more than we do in theirs. This is a mile grab at the expense of all those involved with absolutely no regard for the fatigue and safety of a fellow UTU member that would be working under these conditions.
Page 4
We at Local 911 are the largest UTU Local Membership at 200 +conductors in Minnesota that work on Canadian Pacific Property. We as a Local will be looking to receive your written response in this matter ASAP, as it is of vital importance to our Local’s membership. The majority of our members are very upset regarding GO-261 General Chairman’s position and they do not understand why we are not adopting the same sensible and safe solution as the BLE-T. Further, Local 911 members do not feel that their numerous concerns and safety issues are being considered in this outrageous proposal.
Fraternally Yours,
Jerome J. Ott, UTU Local Chairman 911- Road
Cc
Mike Futhey, UTU International President
Arthur Martin III, UTU International Assistant President
Kim Thompson, UTU International General Secretary & Treasurer
Phillip Qualy, UTU MN State Legislative Representative
James H.Nelson, UTU General Chairman GO-261
D. W. Towner, UTU Local 911 Secretary & Treasurer
Posted in River on 09.02.2009 1:05am
More coming soon...
From Rob Newhouse
This is where you will find information pertaining specifically to the River.
Posted in River on 04.30.2008 11:45am