In November of 2003 CSXT notified its’ labor organizations of a change they were instituting in their Family Medical and Leave Act (FMLA) Policy requiring employees to substitute paid personal leave days and vacation leave for unpaid FMLA leave under various specified conditions.  This change in policy, which the Carrier’s vigorously argued was permitted by FMLA regulations, assaulted the collectively bargained rights and benefits of our members to schedule their own paid personal leave days and vacations; as well as their entitlements to claim supplemental sickness benefits for their own illness on some properties (such as our Rule 100, Section 15, Provident benefits) and legislatively garnered privileges such as Railroad Retirement Board sickness benefits.

Since that time the various labor organizations, working in concert with one another, have defeated the measure in Northern Illinois District Court (December 28, 2005 – see here), in the U.S. Seventh Circuit Court of Appeals (March 2, 2007 – see here), at the U.S. Supreme Court (January 14, 2008 – see here), in arbitration under the Railway Labor Act (December 2, 2008 – see here), and now in the penalty phase of the arbitration (June 1, 2009). 

It is now game, set and match and THE LABOR ORGANIZATIONS HAVE COME OUT ON TOP!  As most of you know, CSXT discontinued this FMLA policy in December 2008 in the face of the arbitration board's initial decision on the merits.  Now, the Carrier’s must pay a penalty day for their indiscretions whenever an employee requested unpaid FMLA leave, but was forced to take paid leave, if the employee filed/progressed a penalty claim on a timely basis for being so forced. 

This is a GREAT VICTORY for rail labor!  The UTU International’s article on this penalty phase arbitration decision can be found here; and a partial copy of the arbitration decision (which is all the General Committee has at the present time) can be reviewed here.