NOTICES AND ALERTS FROM SMART TD LOCAL 1241
February 11, 2021
Note that an updated version of the Claims Guide has been posted to the Resources page.
November 3, 2020
CLAIM FOR 1992 CREW CONSIST AGREEMENT VIOLATION FOR DENIED LAYOFF
Below is the Agreement language that needs to be used when submitting a claim for being denied lay off in violation of Side letter 1 on the 1992 Crew Consist Agreement.
73) CLAIMING A BASIC DAY ACCOUNT THE BELOW AGREEMENT WAS VIOLATED WHEN I WAS DENIED A LAYOFF ON [IN THE XX/XX/XXXX DATE FORMAT]
IT IS THE PARTIES INTENT THAT REASONABLE LAYOFFS BY BOTH UNASSIGNED AND ASSIGNED EMPLOYEES BE PERMITTED. THE PARTIES REALIZE CONDUCTORS, TRAINMEN AND YARDMEN ARE NECESSARY FOR THE SEVEN DAY PER WEEK OPERATION OF THE RAILROAD. THEREFORE, THE EMPLOYEES UNDERSTAND LAYOFFS MUST BE RESTRICTED OR CURTAILED AT CERTAIN TIMES, AND MANAGEMENT UNDERSTANDS ITS EMPLOYEES HAVE OCCASIONS WHERE THEY SHOULD BE PERMITTED TO LAY OFF.
May 22, 2020 (amended 2-11-21)
CLAIM FOR 1992 CREW CONSIST AGREEMENT VIOLATION FOR YARDMEN AND TRAINMEN
The carrier is violating the 1992 Crew Consist Agreement and intentionally allocating layoffs below a sufficient level. On the advice of the Coastlines General Chairman we request that ALL working yardmen and trainmen submit this claim in weekly. Please be diligent in doing so, and also in forwarding declined claims to your Yard Local Chairman as soon as the declines are received.
Wording of claim (populate field with correct dates):
CLAIMING (7) 100.0 (130) MILE YARD (ROAD) BASIC DAYS (700 or 910 MILES TOTAL) FROM DATE [in the XX/XX/XXXX format] TO DATE [in the same XX/XX/XXXX format] ACCOUNT BNSF IS IN VIOLATION OF SIDE LETTER 1 OF THE 1992 CREW CONSIST AGREEMENT WHICH REQUIRES THAT BNSF MAINTAIN THE EXTRA BOARDS AT A SUFFICIENT LEVEL TO ALLOW FOR REASONABLE LAYOFFS. CURRENTLY, THERE ARE OVER 5,000 PEOPLE FURLOUGHED AND THERE IS NO MANPOWER SHORTAGE.