| Jay L Schollmeyer Local Chairman 1637 Portland, OR 97215 Email jay@jaysworks.com |
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To: RR Fay
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Oregon Division Supt. Notice 157 |
July 23, 1999 |
Mr. Fay, in reference to Oregon Division Supt. Notice 157 Item 68, I would like to know how a Superintendent's notice can supercede collective agreements.
Current rules state that "Freight trainmen will
be allowed to eat as nearly as possible at the expiration of every six hours, provided
they notify the train dispatcher".
Nowhere in our agreements does it say crews will be
permitted to eat only if they contact the dispatcher requesting to eat after being on duty
4.5 hours.
The application and historical practice has been
to allow freight trainmen to secure a hot meal at an eating facility without deduction in
pay if they were not absent from their trains over thirty (30) minutes.
Our agreement does not say "Crews will be given thirty (30) minutes of uninterrupted
time to eat."
The practice of Dispatchers putting crews in a siding for 30
minutes with no facilities to eat, is the same as a denial to eat and a penalty claim will
be submitted for violation of agreement.
As for claims for denial to eat, there has never been a
"Northwest Meals Agreement" or any agreed upon payment for being denied to eat
The proper claim is a Basic day for violation of schedule rules.
JL Schollmeyer
Local Chairman 1637
cc: JD Fitzgerald
GO Hartsock
DR Howard
UTU members