To: ALL MEMBERS                                                                         October 5, 1998

CODE 295

 

The BNSF is at it again, Superintendent Notice 38 Oregon Division gives you instruction for the proper way to claim Code 295. As you know the BNSF has not paid any 295 claims nor honored Award 419 for a long time.

The instructions came from Labor Relations they are making an attempt to circumvent Arbitration Board NO.419. I am sure you will get paid code 295 for awhile then it will stop DENIED NO BASIS FOR CLAIM The BNSF wants to wipe out Award 419 altogether. The carrier will argue this is a minor dispute (monetary) and they can prove it.

Labor Relation knows very well what Arbitration Board NO.419 says,

1. AAR seats presently used on locomotives will be used for additional seats.

2. Locomotive will be fitted with not more than five seats in the control cab (not more than five persons will be requires to ride in a cab).

3. Employees represented by the UTU operating without a caboose will not be disciplined or censured in any manner for refusal to leave the initial terminal of their run if the engine they are required to ride in does not meet the following standards:

  1. Sanitary toilet.
  2. Controlled heat.
  3. Paper towels, toilet paper, cooled sanitary water in sealed containers, and a dispenser of hand cleaner, will be supplied in quantity sufficient to make the trip.
  4. Windows and doors in condition to provide adequate protection against weather conditions.
  5. A seat for conductor will be provided with a mounted writing surface with adequate lighting. Also, all stationery and supplies necessary will be provided.
  6. Refrigerator for water cooling and lunches will have to be investigated —— no agreement as to size was made. (This did intend that a refrigerator (cooling device) would be furnished for these purposes and that the parties agreed. For BN R.R. JAL. J.J. Ratcliff. For all General Committees involved C.F. Christiansen, October 25, 1983)

4. All necessary supplies and cleaning to be done by others than the train crew.

5. Adequate storage space for employees’ gear.

The choice is yours, claim code 295 and make a few extra bucks for a short time. But do it knowing that you will lose all your rights under Arbitration Board NO.419 in the future.

JL Schollmeyer
Local Chairman 1637