April 28, 1999 

Mr. Jay L. Schollmeyer
Local Chairman 1637

 Dear Mr. Schollmeyer:

Reference to your letter of March 22, 1999, regarding possible crew consist violation occurrence on March 20, 1999, on Train No. M-PTLPAS2-20A.

You are correct wherein the May 20, 1993 Crew Consist Agreement does provide that a conductor-only crew can make a straight setout or straight pickup of cars on more than one track if the entire pickup or setout could not be held on one (1) track. Your allegation that the Carrier’s personnel lie and intimidate their employees in order to violate collective bargaining agreements is clearly an erroneous statement. This is simply not true and if there is a misunderstanding of the agreement rules, then that is all it is, a misunderstanding. I am sure that no one intentionally violated your agreement as you allege.

Sincerely,
MILTON H. SIEGELE, JR

 cc: R. R. Fay
K.W. Duryea

Jay L Schollmeyer Local Chairman 1637 Portland, OR 97215 Email jay@jaysworks.com

Mr. Siegele,

On March 20, 1999 train M-PTLPAS2-20A was instructed to pick up cars at Wishram WA track #6 and #8 the total cars would fit in one track. Conductor RK Heller informed the Pasco West Dispatcher that he was conductor only and could only pick up one track or wait for a brakeman to be called.

The Pasco West Dispatcher said, "I spoke with Road Foreman RB Dunn, that is only a double over and not switching".

The 1993 Crew Consist is very clear on station work between terminals.

Section 2.

Crews on through freight trains (including hours of service relief crews and crews on trains which convert to the local rate under existing rules) may be conductor-only crews; however, such conductor-only crews may only make straight pick-ups and set-outs between the initial and final terminal of the crew.

To have BNSF personnel lie and intimidate an employee to violate collective agreements is more then an outrage it is a unilateral change in work rules.

As it turned out Field Support had bad information and Mr. Heller expired on hours and could not make the move.

I would ask that you advise the Dispatchers at the NOC and BNSF field officers as to the correct application of the Crew Consist Agreements so this does not happen again.

JL Schollmeyer
Local Chairman 1637