United Transportation Union - Furlough Retention Boards

Since the rash of Carrier furloughs began in late 2008 the General Committee office has worked feverishly to lighten the impact upon our cut off and furloughed brothers and sisters to the extent possible (given the fact that the Carrier literally does the hiring and firing). To that end we have been working for several months trying to engage the Carrier in a “Furlough Retention Board” Agreement that would allow our cut off and furloughed members to retain their Health & Welfare benefits, maintain their physical/rules qualifications, and earn at least a modest amount of income while awaiting their return to the full active work force.

On June 24, 2009, after months of long and hard negotiations, the parties were finally able to reach agreement on a “Furlough Retention Board” Agreement identified as CSXT Labor Agreement 4-021-09. Side Letter No. 1 of the Agreement stipulates this Agreement will only be implemented at supply points by mutual consent of CSXT and UTU, and after the local chairperson(s) holding jurisdiction at the supply point have been voted under organic law (the UTU Constitution). When, and if, a specific supply point location is offered implementation of CSXT Labor Agreement 4-021-09, the Local Chairperson(s) of jurisdiction will be contacted by the General Committee office and given an opportunity to openly discuss and/or debate the value of the Agreement; and then vote on whether to place it into effect at their supply point. Once the Agreement is placed into effect, participation is voluntary on the part of the individual furloughed or cut off employee.

The best agreement is one where both sides can see a benefit… basically a “win-win” situation. Insofar as the General Committee is concerned, this is one of those agreements. Among the benefits of CSXT LA 4-021-09 for the Organization are the following:

Retains a pay check (guaranteed 4 days per bi-weekly pay period) for the part of our furloughed/cut off membership able to secure FRB positions – see Section 9.
Retains Health & Welfare insurance for FRB employees who would otherwise lose it – see Section 10.
Establishes a mathematical formula that would require the Carrier to recall furloughed/cut off employees to the active work force if the FRB is used extensively for revenue service - see Section 6 b).
Keeps rule examinations and qualifications current for furloughed/cut off employees, so that when they are recalled to active service they can respond and start earning a regular paycheck in short order because the Carrier can use FRB days to maintain an employee’s rules examinations, recertification exams, safety skills seminar, etc.- see Sections 5 & 7.
Participation is voluntary.

Among the benefits of CSXT LA 4-021-09 for the Carrier are:

Holds trained/qualified employees in the employment of CSXT and encourages their return to active service.
Eliminates much of the need/cost to start all over again training new employees as business increases or manpower needs increase through attrition, HOS regulations, etc.
Keeps rules and qualifications current for furloughed/cut off employees to be recalled to active service in short order (eliminating the gap when a furloughed employee is presently recalled wherein he must take rules examinations, recertification exams, safety skills seminar, etc.)
Maintains a steady supply of prepared workforce on hand to respond to increases in manpower requirements (even in those “hard to hire” locations).
Positive PR with its furloughed/cut off employees (and others).

In the General Committee we are mindful there may be a concern that the FRB positions will be used as a “mini-secondary extra board.” That is precisely why we insisted that language be inserted into the Agreement to stipulate it was not the intent of the agreement to deplete the size of current extra boards (see Section 6 a), and also that a set formula be established for the recall of furloughed/cut off employees when the FRB board is used extensively (see Section 6 b). The only down side to this Agreement, if it is to be considered one, is that FRB employees would be called immediately after the Extra Board is exhausted. Consequently opportunities for active employees to double over, work off their assignment or work on their rest day will be depleted (which the Rail Safety Improvement Act will diminish anyway). Nevertheless, the General Committee does not consider this to be a down side. As a fraternal organization we are charged to look out for all of our members, not just a select few. Currently members of the United Transportation Union have brothers and sisters suffering, and we need to be doing everything within our power to alleviate that suffering.

While this General Committee certainly would have preferred that CSXT be responsive more quickly to the need for Furlough Retention Boards, we must nevertheless give CSXT credit for stepping up to the plate (albeit slowly). The BNSF and NS Carriers are not even willing to discuss an agreement similar to this with their General Committees. The UP has a similar program at some locations known as “AWTS” (Auxiliary Work and Training Status), but the UP management is trying to phase that out as well, saying it’s too expensive. We sincerely hope that CSXT takes advantage of this great opportunity by agreeing to put Furlough Retention Boards in place at multiple locations.

As previously indicated, if the Carrier expresses an interest in establishing a Furlough Retention Board at a supply point, the Local Chairperson(s) holding jurisdiction will be contacted and voted in accordance with Side Letter #1 of the Agreement and the UTU Constitution. For the time being, however, this notice is posted to make the membership aware an FRB Agreement exists and of the potential opportunity that resides therein.