The General Committee office has entertained several inquiries from furloughed members who read an article posted on the UTU website wherein UTU-NS General Chairperson D. G. Strunk, Jr. has consummated the first agreement on Norfolk Southern suspending application of Article XII of the 1985 UTU National Agreement. Article XII reads:
“Article XII – Termination of Seniority
The seniority of any employee whose seniority in train or engine service is established after the date of this Agreement and who is furloughed for 365 consecutive days will be terminated if such employee has less than three (3) years of seniority.”
The above language, flowing from Article XII above, also appears in Rule 2 (d) of the UTU/CSXT (former B&O) Schedule Agreement. The questions posed to this office were inquiring as to whether this UTU-B&O General Committee intends to pursue such an Agreement with CSXT. The answer is… we did so, successfully, over seven (7) years ago!
Trainmen working under the B&O Agreement are already shielded from B&O Rule 2 (d) by virtue of a
January 14, 2002 letter of Agreement abrogating these provisions. While it is true the Carrier can rescind their agreement to suspend those provisions upon written notification, the Carrier has not expressed any sentiment whatsoever indicating a desire to abrogate the January 14, 2002 understanding. In fact, when you read former General Chairperson Reed's letter to Director Hiel, and the subsequent letter to his Local Chairpersons at the time, you will note the letter of understanding was solicited by former General Chairperson Reed (and accepted by Director Hiel)
precisely because there were so many trainmen furloughed and neither side wanted to lose them.
To be clear, the B&O General Committee is not trying to rain on NS General Chairperson Strunk’s parade with this announcement, because he did an admirable job of getting the NS to abrogate the 365 day furlough provision. We just want our members to know they already have the same protection; and have had it for the past seven (7) years. If CSXT wanted to enforce Rule 2 (d) they would have rescinded the January 14, 2002 understanding long ago. They are aware the option's out there, but they’re not foolish enough to want to waste the money they have already invested training their currently furloughed employees by terminating their seniority… only to have to start all over again in a few months with someone else. It just doesn’t make good business sense. This Agreement is a win-win situation; and both sides recognize that.
The General Committee officers have been meeting and corresponding regularly with upper level management, pointing out manpower shortages and urging the recall of furloughed employees. We are starting to see some recalls trickling in at different locations, and they are getting larger. In the near future the Carrier will be faced with vacations accelerating (in about April), the Hours of Service changes stemming from the Rail Safety Improvement Act of 2008 being implemented causing the need for additional employees (effective July 17, 2009), and hopefully a high attrition rate of baby boomers who are already at retirement age but are waiting for their 401K's to recover with the economy. We remain hopeful a combination of these factors will break the floodgates loose and get all of our members back to work as quickly as humanely possible.
