CLEVELAND, March 30 -- Nearly two years after winning a representation election on the Indiana Rail Road, the Brotherhood of Locomotive Engineers will finally begin contract negotiations with the carrier no later than April 12.
Management of the Indiana Rail Road had refused to bargain with the BLE following two disputed representation elections in June and October of 1997. In a March 26 ruling, U.S. District Judge David F. Hamilton issued a permanent injunction ordering the carrier to treat with the BLE and to recognize it as the designated collective bargaining agent for its rail operating service employees.
The BLE disputed the results of the June 1997 election because of faulty return envelopes provided by the National Mediation Board. The IRR disputed the second election because of the cut-off date for eligible voters used by the NMB.
The Indiana Rail Road brought suit against both the BLE and the National Mediation Board following the October 1997 election.
Recognizing a postal mishap in the June election that adversely influenced the outcome, the NMB sent out ballots for a re-run election on Oct. 3, 1997. It used April 30, 1997, as the cut-off date for eligible voters, which was also the cut-off date for eligible voters in the first election. That date was chosen because it was the last pay period ending before the original application was filed.
The IRR disputed the use of April 30, 1997, and argued that the cut-off date for the second election should have been changed to include the new trainmen it had hired.
The NMB held the second election with April 30 as the cut-off date and the BLE won representation rights. However, the IRR has refused to recognize the BLE because of its dispute over the cut-off date. The carrier has also refused to initiate collective bargaining with the union until ordered to do so.
IRR argued that the use of the original cut-off date disenfranchised eight employees and allowed a minority of the relevant workers to vote for BLE representation.
The court, however, ruled that there was no basis for overturning the election and issued a permanent injunction ordering the carrier to treat with the BLE pursuant to the NMB's certification.
The dispute began in June of 1997 when the BLE won a majority of the vote in the first election, but not enough ballots were returned to certify the victory. Under NMB rules, if less than 50 percent of eligible voters return ballots, the end result is that no union represents the workers.
The BLE later discovered that several ballots were not returned to the NMB because of a postage error. The return envelopes read, "Postage has been Prepaid by National Mediation Board." However, the pre-paid envelopes did not have the proper postage, causing ballots to be delayed at the post office or returned to the workers.
It was later determined that more than 50 percent of eligible voters had actually cast ballots in the first election, and that the BLE would have won if not for the faulty postage. The NMB recognized the mistake and authorized a rerun election four months later.
In the October 1997 election, the BLE met the NMB's "50 percent plus one" requirement and won by an even greater majority than in the original June election.
CLEVELAND, April 6 -- BLE Secretary-Treasurers are encouraged to attend the next two Compliance Classes offered by the Brotherhood's International Division, scheduled for May 20-22 and June 17-19.
The May 20-22 class targets S-Ts on the East Coast and will be held at the Radisson Hotel Philadelphia Northeast, 2400 Old Lincoln Highway, Trevose, Pa. Room rates are $99 per night and reservations can be made by calling (215) 638-8300.
Please confirm that you are a BLE member when making reservations to ensure the discounted rate. A continental breakfast, lunch and dinner will be provided.
The June 17-19 class is geared for S-Ts in the Western United States and will be held at the Best Western Executive Hotel, 4411 Peoria St., Denver, Colo. Room rates are $69 per night and members can call (303) 373-5730 for reservations.
As with the Philadelphia class, please confirm that you are a BLE member when making reservations. A continental breakfast, lunch and dinner will also be provided.
Lead instructor for the classes is Dr. Elaine Reese, Tax Administrator from the ID. Dr. Reese will arrive at the hotel the evening before the class and remain until late afternoon after the class is dismissed for anyone needing individual assistance with IRS forms.
It is important that members attend these classes because of recent changes in the S-T's responsibilities. Members will receive assistance from the ID in preparing various reports and returns for the IRS, Railroad Retirement Board and U.S. Department of Labor.
A representative from the Department of Labor will also be on hand to present information regarding the preparation of LM reports.
Members attending the class are asked to bring any questionable or delinquent reports for 1996-1998, their LM forms, any correspondence from the IRS, a laptop computer (if available), and a hand calculator.
Members planning to attend must contact Dr. Reese to register by calling (216) 241-2630, ext. 243.
From left: Dr. Elaine Reese, BLE Tax Administrator; BLE President Clarence Monin; and Robert D. Broka, BLE Director of Records.
The members and officers of BLE Division 494 (Minneapolis, Minn.) honored two BLE International Division staff members for their hard work in presenting the BLE's Secretary-Treasurer Compliance Classes.
Dr. Elaine Reese, the BLE's Tax Administrator, and Bob Broka, Director of the BLE's Records Department, were awarded plaques by Division 494 Secretary-Treasurer T.C. Halonen.
The plaques read, "In appreciation for all of your efforts in training throughout 1998."
According to BLE General Secretary-Treasurer Russell W. Bennett, the Compliance Classes have helped the BLE avoid more than $85,000 in penalties and fines from the IRS.
The members of BLE Division 14 (Washington, D.C.) will hold a special prayer service on May 30 in memory of those BLE Brothers who died in service to Amtrak.
The service is an annual event conducted by the Brothers of Division 14, but they plan to expand it this year to commemorate the end of the 20th Century.
They are extending an invitation to all BLE members to attend, and inviting those who can't make it to send the names of any BLE member they would like to have remembered. If enough names are received they plan to hold a special roll-call observance during the services. Deadline for name submission is May 19.
The memorial service begins at 10:30 a.m. at the National Community Church, located on the lower level on Union Station in the AMC Theater complex. The memorial will be a part of Pastor Mark Batterson's regular Sunday service.
Division 14 Chaplain Tony DePalma is the contact person and can be reached at 1802 4th St., Monongahela, PA 15063-1211, or by e-mail at: TDepa68986@aol.com.
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