Gentleman,

 

Look at these. You can see where CSX and even the neutrals that we deal with is heading. This is horrible.

 

I think we all do pretty good as far as taking care of our members and our piece of the pie.

 

 

TJ

 

From: Don Moates [mailto:dmoates@blewesternlines.com]
Sent: Wednesday, October 28, 2009 6:26 PM
Subject: PLB 7263 Awards 2-7; 9-11 and 13-14

 

Brothers and Sisters,

 

Please find attached above copies of thirteen (13) different awards of Public Law Board Number 7263  that were issued by Arbitrator and Neutral Gerald E. Wallin on August 19, and/or  September 12, 2009.  You will note these awards were issued on the BLET Northern Lines General Committee of Adjustment. An analysis of the above cases will reveal:

 

Award # 1 –Reinstated with no back pay

Award # 8 - Reinstated with back pay – Time limits not complied with

 

The below awards involve eleven (11) different cases and the Locomotive Engineers involved were dismissed by the neutral never to return to service.

 

Award # 4  -   Excessive Speed - Dismissed

Award # 6  -   Failure to stop and Flag Operating Rule 100- J - Dismissed

Award # 9  -   Failure to Stop Short of Simulated Obstruction - Dismissed

Award #’s  3 – 5 – 11 – Rule G – three (3) cases dismissed

Award #’s  2 – 7 – 10 – 13 – 14 – Failure to Stop Short of Stop Signal  - five (5) cases dismissed

 

My purpose in sharing these awards with you is to inform you that this arbitrator (G. E. Wallin) agreed with CSXT’s policy of one serious rule violation is all it takes to dismiss the employee forever.   Brother Dennis Piece attached dissents to Awards 2, 4, 7, 9, 10 and 13 from the BLET. Our discipline rule states Engineers cannot be disciplined without just cause. However Mr. Wallin certainly did not give this agreement rule any consideration based on the decisions he rendered in these cases. Instead it is evident he agreed with CSXT’s unilateral policy to justify discipline not supported by the “just cause” language of our agreement. It appears Mr. Wallin did not take into consideration any of the employees length of employment with the railroad, their work record or their previous discipline record when making his decision to leave eleven (11) Engineers dismissed forever.

 

In our opinion, such dismissals are not consonant with the degree of culpability; the gravity of the offense; and the years of perfect service records during the employees  employment with the carrier.  Permanent dismissal was an excessive and unduly harsh punishment. Permanent dismissal is the supreme degree of discipline and in these cases were not merited by CSXT. They were arbitrary, capricious and discriminatory. However these award are final and binding and cannot now be overturned or appealed by the Northern Lines General Committee of Adjustment. I am  certain CSXT will use these awards against the BLET  in the future handling of similar cases and we will have to work even harder to convince other neutrals that Mr. Wallin was incorrect in his decisions. I encourage you to thoroughly  review each award and disseminate each one to  your members in an effort to educate them as to how serious these type rule violations are and the devastating results that can occur for such rule violations.

 

As always, if you have any questions or comments, please do not hesitate to call or write. With best wishes and kind personal regards, I am

 

Fraternally yours,  

 

Brotherhood of Locomotive Engineers & Trainmen

CSXT - Western Railroad Lines

(423) 263-0909