Fall/Winter 2004
Volume 111 - No. 3& 4
Fall/Winter 2004
Volume 111 - No. 3& 4
President's Message
Looking back
BLET National President Don Hahs (right) donates a model locomotive to IBT General President Jim Hoffa for display in his office at Teamster Headquarters in Washington, D.C.
The year 2004 has been an eventful one for the Brotherhood of Locomotive Engineers and Trainmen. The most obvious thing is the fact that we have changed our name as a result of our merger with the International Brotherhood of Teamsters.
The merger with the IBT has been an historic event in the history of our organization. We have only begun to scratch the surface of the expansive resources of the Teamsters. We have found the intergration process to be long but fruitful.
These resources could prove invaluable in the coming year. In mid-December, we served Section 6 notices on the rail carriers. We have decided to work with the rest of rail labor to break the pattern bargaining that the carriers try to shove down our throats all the time.
This round of bargaining is going to be a little different than in the past. We hope to use a three track system. We are going to work with a coalition of rail labor on at least the issues of wages and benefits. The coalition includes the majority of rail labor, with the exception of the Transportation Communications Union and the United Transportation Union.
By negotiating as part of a coalition, we hope to avoid the kind of divide and conquer means of negotiating that the carriers have employed for many rounds. A coalition is no stronger than its weakest link, but we are convinced that it will withstand the rigors of prolonged negotiations.
We are also serving a BLET-only notice on the carriers. This notice will deal with issues that specifically address the needs of operating employees. The General Committees will also be able to serve their own notices for issues specific to their properties.
The carriers have expressed some of their goals for negotiations. They want to create a single operating craft, which would allow them to determine the crew consist on a trip or run basis. This could result in some runs being operated with only one employee. The carriers also want to eliminate the Federal Employers Liability Act (FELA). FELA was passed by Congress in 1908, for the purpose of providing compensation to railroad employees who are injured on the job. It enables injured employees to bring claims directly against their employers when it can be shown that it was the railroad's negligence that caused the injury.
Needless to say, the carrier demands mean that we certainly have our work cut out for us in this round. The wage committee for this round will be up to the carriers' challenges though. The Advisory Board elected Vice-Presidents Dale McPherson and Steven Speagle to serve on the committee alongside Regional General Chairmen Association Representatives Dennis Pierce, Tom Roberts and Tony Smith.
Their work will be shadowed by the most recent UTU antics. In a letter dated October 20, 2004 addressed to all UTU U.S. General Committees, UTU International President Paul Thompson told his members of his intent to implement a seniority maintenance agreement and stated that "There is no doubt that the BLET will implement similar provisions (as those contained in the UTU agreement)..." However, the fact is that the BLET Advisory Board voted unanimously not to enter into a similar agreement with the carriers even though the National Railway Labor Conference (NRLC) offered the same agreement to us.
We question the timing of the UTU's Letter of Intent with the rail carriers. Our organization feels that the railroads' offer of this type of agreement coincides with the beginning of contract negotiations and is a purposeful distraction to rail labor.
The implementation of this agreement could require BLET members to pay double dues if they desire to retain their BLET membership while working in train service.
At meetings in Cleveland on November 17 and 18, the Advisory Board voted unanimously to fight the UTU on the issue of the implementation of this type of agreement. After consultation with our legal resources, it was decided to pursue this fight through the federal court system.
We believe that these agreements are wrong and we filed a lawsuit, seeking a permanent injunction declaring this agreement in violation of the Railway Labor Act, on November 24.
The BLET's lawsuit, filed in the Eastern District of Pennsylvania (Philadelphia), charges that the seniority maintenance and seniority retention agreement between the UTU and the NRLC is illegal and violates portions of the Railway Labor Act (RLA). We understand that if the lawsuit is successful, any similar agreement the BLET has made on individual properties to retaliate against the UTU would also be illegal. BLET is willing to let operating employees decide who they want to represent them as the Railway Labor Act contemplated.
Even though some courts have upheld seniority maintenance agreements in the past, the BLET's position is that the Letter of Intent influences or coerces employees in an effort to induce them to join or remain members of the UTU or not to join or remain members of the BLET in violation of Section 2, Fourth of the RLA.
The suit seeks a permanent injunction to stop implementation of the seniority maintenance and seniority retention agreement and also seeks to restore all seniority rights to employees who may be negatively impacted by the UTU Letter of Intent.
All of this will combine to create an eventful year for the BLET. I hope that it is a good year for all rail employees, especially the members of this organization and their families.
Fraternally yours,
National President
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