united transportation union
GENERAL COMMITTEE of ADJUSTMENT GO-386
Burlington Northern Santa Fe Railroad and Montana Western Railroad

Dear Sirs and Brothers:

In regards to the above reference please note the enclosed complaint filed by the National Carriers Conference Committee (NCCC) against the UTU International and listing several UTU General Committees of Adjustment. This complaint was filed in the D.C. District Court on or about December 1, 1999.

Most of you attended the District 1 General Chairman’s session in Las Vegas on September 21, 1999, and voted to excuse this Committee and the other BNSF Committees from National Handling in this round of negotiations. This Committee has not yet filed any Section 6 notices on the Burlington Northern Santa Fe Railroad. Nor has the BNSF filed any notices under Section 6 on the undersigned or this committee. Instead the undersigned and the other BNSF General Chairmen received informational packets from BNSF Labor Relations Vice President J.J. Fleps containing alleged Section 6 notices for changes in BNSF UTU rates of pay, rules, and working conditions which were allegedly served by Robert Allen, Chairman NCCC, on C.L. Little, International President UTU.

I urge you to read the complaint in order that you understand the potentially far reaching affect the NCCC Chairman’s action will have on your rights as General Chairmen to conduct the business of your respective General Committees under provisions of the UTU Constitution, Article 85. The National Carrier’s Conference Committee’s court action, if sustained, will negate the intent and purpose of Article 85 lines 1 through 3 and will, for all intents and purposes, remove the General Chairman as the designated representative, on their respective properties, "to make and interpret agreements with representatives of transportation companies covering rates of pay, rules or working conditions...". Each General Committee makes their respective decision to pass power of attorney to the International when that General Committee is entering National Handling under a concerted wage movement. This Committee, as well as others, chose not to surrender that power of attorney, as granted when excused by the District 1 General Chairmen.

The NCCC’s complaint, if sustained, will, for all intents and purposes, deny Section 6 handling by Class I General Chairmen. The individual Carriers will serve notices via the NCCC directly on the International President, circumventing the responsible and designated General Chairmen. The moratoriums included in any settlement will bar any Section 6 notices during the time between national contracts that are in conflict with stated issues handled (this includes most any issue that could be raised.). You will have all the responsibility but no authority unless allowed by the Carrier (NCCC).

My concerns are not a diatribe against President Little, however, I thoroughly remember the action taken in 1994 and the Denver Proposal as well as Burlington Northern’s attempts to require a single spokesman for each craft or class as initiated in 1991. BN’s attempts were flatly rejected by an "en banc" D.C. Circuit Court of Appeals in February, 1993. The "Denver Proposal" was flatly rejected by the General Chairmen.

The UTU Constitution does not discern between a leader with integrity and one without. The constitution provides protection to the membership, and their duly elected representatives through dedicated processes and procedures. Attacks on such self-determination cannot be ignored or we all lose.

With best wishes, I am,

Fraternally yours,

J.D. Fitzgerald
General Chairman