Brothers and Sisters,
Please be advised that it is extremely important for each of you to appeal all discipline cases timely as required by our applicable agreement rule. Article 30 F of the BLET Engineers System Agreement reads as follows:
F. Time Limit on Appeals
1. When discipline has been assessed as a result of a formal hearing and the decision as rendered by CSXT is not acceptable to the employee, any appeal must be presented in writing by or on behalf of the employee involved, to the Highest Designated Officer of CSXT authorized to receive same, within sixty (60) days from the date of notification of the assessment of discipline. Failing to comply with this provision the decision shall be considered final, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other discipline cases. The Highest Designated Officer shall, within sixty (60) days from the date the appeal is filed, render a decision in writing on the appeal and, if the appeal is denied, the reasons for such denial shall be given. If no decision is rendered within sixty (60) days, the appeal shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of CSXT as to other discipline cases. In cases where the employee or the Local Chairman with jurisdiction appeals the decision, a copy of CSXT’s decision will be provided to the appropriate BLET General Chairman.
Note 1: Postmark within sixty (60) days will satisfy the sixty (60) day provision for both parties. (Bold Print and underscoring in the quoted agreement rule as applied are mine)
You are encouraged to send your appeal letter by certified return receipt requested or registered mail to the Director of Labor Relations when you appeal the discipline case. We must always be in a position to prove to a neutral, if necessary that the BLET has fully complied with the time limits required by our Agreement rule. If you are a new Local Chairman and need assistance in drafting an appeal letter for a case, you are requested to promptly send this office a copy of the transcript with a note requesting our assistance in preparing an appeal and we will do our best to timely review the transcript and provide you with the assistance necessary to appeal the case until you learn the process.
As you know or will learn, almost each case is different and the positions taken in each appeal will not always be the same. The most important factor is to make sure the time limits are fully complied with by you when you appeal the disciple case. When you receive a decline for a discipline case from CSXT, make sure your save the envelope that the decline letter was received in because the postmark is very important to determine if CSXT fully complied with the time limits as shown in Note 1 quoted above.
When you appeal a Trainman’s case (includes Conductors and Switchmen) , make sure you lean the time limits agreement rule that applies to the trainman you represent and fully comply with trainman’s time limit agreement rule in appealing his/her case. If you are ever caught short and need an extension of time limits for an engineer or trainman, make sure you contact this office before the time limits expire to see if we can secure you an extension of the time limits. It is extremely important in the handling of all discipline cases that you never let the time limits expire on a case before you appeal the case to the CSXT Director of Labor Relations.
I have prepared and attached what I call a bare bones appeal letter that can be used in an emergency to appeal a case and comply with the time limits for your reference and future use if necessary.
Fraternally yours,
Don Moates, General Chairman
Brotherhood of Locomotive Engineers & Trainmen
CSXT - Western Railroad Lines
(423) 263-0909
