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

Dear Sir and Brother

I am somewhat troubled with your response to Mr. JD Fitzgerald dated April 9, 2004 concerning attendance policies.

When I met with you and Clint Miller in 2000 at the regional meeting in Reno, Nevada I presented you with some 30-pages of documentation on how the BNSF was administering their Attendance Guidelines. I also gave you a copy of Dave Dealy's instructions to AVP's and Superintendents on how to administer the Attendance Guidelines.

You are correct, the Neutral Kasher did say the BNSF has the right to promulgate and implement a policy that governs employees' availability/absenteeism. It is also true that the Carrier submitted bogus data in their exhibits. Carriers exhibit C-14 shows average full time conductors on extra board work 35 hours per week. Through freight conductors average 34 hours per week. Assigned to yard and local conductors 37 hours per week.

Employees are still getting disciplined without consideration to total hours worked. One employee was recently sited for investigation who’s averaged over 75-hours a week for 3-months.

The BNSF continually keep the extra boards under manned, which causes excessive cross utilization of the crafts. I have sent correspondence the carrier regarding their Manpower Shortage on April 4, 2004 and on April 2, 2000. Mr. Fitzgerald has done the same on June 17, 2002, April 27, 2000 and April 11, 2000.

Last August there was a series of conference calls with the General Chairmen to address the projected increase of traffic. Mr. Fitzgerald and myself advised the Carrier that hiring should begin immediately, but the Carrier chose to wait until January of 2004.

Our committees regulate the pools strictly by agreed upon mileage agreements. Just recently at Vancouver, WA the Carrier would not allow turns to be added due to manpower shortages.

I ask that you gather more data from the General Chairman before any kind of agreement is reached with the carrier.

Fraternally yours,
/s/JL Schollmeyer
Local Chairman 1637