RESOLUTION (October 12, 1965) TO FURTHER PROVIDE FOR THE SETTLEMENT OF THE LABOR DISPUTE BETWEEN CERTAIN CARRIERS BY RAILROAD AND CERTAIN OF THEIR EMPLOYEES Whereas the Congress enacted Senate Joint Resolution 102, which became Public Law 88-108 on August 28, 1963, establishing an arbitration board to make a binding award on the firemen (helper) dispute between certain carriers by railroad and certain of their employees; and Whereas Arbitration Board No. 282 established under the aforesaid law rendered its decision and award upon these issues on November 26, 1963; and Whereas under the terms of Public Law 88-108, no carrier which served the notices of November 2, 1959, and no labor organization which received such notices or served the labor organization notices of September 7, 1960, could make any change except by agreement, or pursuant to the arbitration award provided under said law, or engage in any strike or lockout over any dispute as to such firemen (helpers) issue until on and after the expiration date established under such law by the arbitration board or by agreement of the parties; and Whereas within 30 days following the effective date of the award, the parties under the award were to establish a national joint board charged with responsibility for making a joint intensive and continuing study of the experience in road freight and yard service with and without the employment of firemen (helpers) during the period the award remains in effect. Whereas the Committee on Commerce in the exercise of its legislative oversight function held 18 days of hearings in August and September on the charges of the Brotherhood of Locomotive Firemen & Enginemen that Public Law 88-108 has not been administered properly; and Whereas in its report to the Senate the committee expressed its hopes and desire that the parties could resolve their disputes by collective bargaining and noted the committee's dislike for legislating solutions to labor-management disputes, and called attention to the obvious dangers of repeated congressional intervention in this field; and Whereas the Department of Labor and the National Mediation Board witnesses urged the carriers and the brotherhoods to carry out their responsibilities to realistically and practically undertake collective bargaining in view of the paramount public interest: Resolved by the Senate Committee on Commerce, That is is the sense of the committee that the public interest would be served by representatives of the firemen employees (the Brotherhood of Locomotive Firemen & Enginemen where they hold the contract, and the Brotherhood of Locomotive Engineers where they hold the contract) and the acrriers undertaking collective bargaining. Section 2. The Secretary of Labor and the National Mediation Board are requested to make their offices available to the parties to the extent needed to aid the parties in reaching agreement. Notwithstanding any of the provisions of this resolution, the findings made by Arbitration Board No. 282 under Public Law 88-108 shall not be affected in any way. (Name of railroad official) (Title) (Name of railroad) NOTICE No. 1-NOVEMBER 15, 1965 DEAR SIR: In accordance with the provisions of the Railway Labor Act and the agreement or agreements now in effect on the Railroad, please accept this as formal notice of our desire to change the collectively bargained agreement governing the employment of firemen (helpers) on other than steam power to the extent provided in attachment "A", attached to and made a part hereof, such change to become effective at 12:01 a.m., March 31, 1966. This proposal is made to you, notwithstanding the fact that upon the expiration of the award of Arbitration Board 282, the collectively bargained agreement with respect to employment of firemen (helpers) will be in full force and effect. We shall expect that on and after 12:01 a.m., March 31, 1966, you will comply fully with the collectively bargained agreement with respect to employment of firemen (helpers) on this property, unless another agreement has been reached in the meantime. Please advise pursuant to section 6 of the Railway Labor Act the time, date, and place where conference may be held to discuss this notice. Very truly yours, Section A -" General Chairman, Brotherhood of Locomotive Firemen and Enginemen. [Attachment A] 1. Firemen (helpers) taken from the seniority ranks of the firemen shall be used on all locomotives in road and yard service, except as specifically provided in section B. Section B 1. Daylight yard jobs, other than those: (a) Engaged in switching passenger cars and equipment, or (b) Engaged in belt line, transfer, interchange or industrial work, or (c) Which are consistently on duty more than 8 hours, or (d) Whose operations are not confined to an area from which other engines operated without firemen (helpers) are excluded during the period the job works, or (e) On which there is need for an employee on the locomotive to relay signals or perform lookout functions by reason of such conditions as curvatures of tracks, overhead or other obstructions, close clearances, unprotected crossings, dangers arising out of mainline movements, hazard to the public or railroad employees, or imposition of onerous working conditions on the engine or train crew. 2. Daylight branch line jobs, other than those where: (a) The number of units in the locomotive consist exceeds one, or (c) The total miles run exceeds 100, or (d) The maximum speed on branch line exceeds 30 miles per hour. (e) The maximum number of cars in the train may be expected to exceed 35, or (f) The continuous movement of the train or engines exceeds 2 hours without relief, or (g) Onerous working conditions would be imposed on the members of the engine or traincrew if a fireman was not used. Section C 1. Notwithstanding the provisions of section B, a job may be operated without a fireman (helper) only when it becomes necessary to hire a fireman (helper). 2. A junior fireman (helper) may be required to protect jobs in section B if same is necessary to avoid a new hire. Section D 1. The carrier shall hire and place on the firemen's seniority roster sufficient firemen (helpers) to comply with the provisions of this agreement. NOTICE NO. 2-NOVEMBER 15, 1965 (Name of railroad official) (Title) (Name of railroad) DEAR SIR: In accordance with the provisions of the Railway Labor Act and the agreement or agreements now in effect on the Railroad, please accept this as formal notice of our desire to negotiate an agreement incorporating the provisions of attachment A, attached to and made a part hereof, such agreement to become effective at 12:01 a.m., March 31, 1966. Please advise pursuant to section 6 of the Railway Labor Act the time, date, and place where conference may be held to discuss this notice. Very truly yours, General Chairman, Brotherhood of Locomotive Firemen & Enginemen. NOTICE NO. 2-NOVEMBER 15, 1965 [Attachment A] Section A Employees whose employment and seniority were terminated by the application or misapplication of the award of Arbitration Board 282 will, on March 31, 1966, be recalled and restored to the seniority roster and employed with their original seniority date and used as firemen (helpers) in accordance with the agreement in effect on March 31, 1966. Employees restored to the seniority roster will be considered to have continuous service in the application of the vacation and other agreements. The railroad will, on or before March 31, 1966, by registered letter notify firemen (helpers) whose employment has been terminated by the railroad's application of the award of Arbitration Board 282 at their last known address of the restoration of the individual's seniority. Failure of the individual to report for service within 30 days of receipt of the registered letter will be considered to be a forfeiture of all seniority rights. Section B Individuals restored to the seniority roster in the application of section A hereof shall be reimbursed for any monetary loss sustained as result of improper termination. Section C Employees who have been deprived of rights, during the term of the award of Arbitration Board 282, to exercise their seniority in accordance with applicable schedule provisions in effect on January 24, 1964, will be reimbursed for all monetary losses sustained as a result of deprivation of such seniority rights. Section D Employees who, as a result of the carrier's application of the award of Arbitration Board 282, have incurred expenses such as, but not limited to, travel, lodging and meals in being required by the carrier to man assignments operating out of other than the point where their residence is maintained shall be reimbursed for such expenses. Section E Employees who have experienced monetary loss as result of sale of their homes by reason of the carrier requiring such employees to man assignments at points other than where their original residence was maintained will be reimbursed for the loss incurred. Additionally, such employees will be reimbursed for moving expenses. Section F Employees changing their point of residence as result of the carrier requiring such employees in the application of the award of Arbitration Board 282 to man assignments out of points other than where original residence was maintained will be reimbursed for moving expenses. NOTICE NO. 3-NOVEMBER 15, 1965 (Name of railroad official) (Title) (Name of railroad) DEAR SIR: In accordance with the provisions of the Railway Labor Act and the agreement or agreements now in effect on the Railroad, please accept this as formal notice of our desire to negotiate an agreement incorporating! the provisions of attachment “A,” attached to and made a part hereof, such agreement to become effective at 12:01 a.m., March 31, 1966. Please advise pursuant to section 6 of the Railway Labor Act the time, date, and place where conference may be held to discuss this notice. Very truly yours, General Chairman, Brotherhood of Locomotive Firemen and Enginemen. NOTICE NO. 3-NOVEMBER 15, 1965 [Attachment A] STANDARDS OF APPRENTICESHIP FOR LOCOMOTIVE FIREMEN Adopted for the training of railroad locomotive enginemen apprentices by the Railroad Co. and the Brother (Address) hood of Locomotive Fireman & Enginemen. STATEMENT BY J. E. WOLFE, CHAIRMAN, NATIONAL RAILWAY LABOR CONFERENCE, CHICAGO, NOVEMBER 15, 1965 The notices of the Brotherhood of Locomotive Firemen and Enginemen are largely, if not entirely, illegal documents. The demand for restoration of firemen is identical with a proposal submitted to the railroads by the union on May 22, 1963. It was rejected then-it will be rejected now-and this rejection will carry on in perpetuity. This part of the notice also is premature. No notice involving the effect of Arbitration Award 282 is legal until the National Joint Board fulfills its assignment and the negotiations which follow the Board's recommendations are completed. As to reinstatement of individual firemen who were severed from the railroads, either voluntarily or involuntarily, they accepted generous severance allowances and no longer are employees for purposes of the Railway Labor Act. This part of the notice clearly is illegal. The proposal for an apprentice training program was not served by the proper union. It is traditional that the union representing the craft in which apprentices seek to become journeymen is the bargaining agent for both the trainee and the skilled employee. In this case, it would be the Brotherhood of Locomotive Engineers. Therefore, this demand would create a new craft in violation of the Railway Labor Act and regulations of the National Mediation Board. It will be the position of the Nation's railroads that the jobs of firemen that were discontinued under Award 282 will not be restored. Intsead, our experience under the award discloses clearly that all firemen in freight and yard service should be discontinued; that there is no need for firemen in commuter service, and in most instances hostlers could and should be discontinued. To Member Roads: NATIONAL RAILWAY LABOR CONFERENCE, CIRCULAR NO. 6-32 Referring to our circulars of the six series in regard to the operating rules case, and particularly to section II of the Award of Arbitration Board No. 282: There are attached copies of three proposals identified as notices 1, 2, and 3, which were served on a member road under date of November 6, 1965, by the Brotherhood of Locomotive Firemen & Enginemen. We understand that such proposals are to be served on railroads generally by the firemen's organization under date of November 15, 1965. There also is attached a suggested form of acknowledginent for use by those railroads which may receive such notices from the firemen's organization. It will be appreciated if railroads receiving such notices will so advise Mr. Griffin promptly, furnishing him with copies of the notices received. It also is requested that he be furnished with copies of any exchange of correspondence in regard thereto, and that we be kept informed of developments. Yours truly, J. E. WOLFE, Cha Mr. General Chairman. DEAR SIR: This acknowledges receipt of your comtration proposal dated November 15, 1965, served in the form of Notice No. 1 and Attachment A" thereto, “Notice No. 2' and “Attachment A thereto, ani “Notice No. 3' and *A**.act. Trient A thereto. I am agreeable to a meeting with you at the time and place suggested below, however, I mist advise you that in my opituon vour proposal and each of the several parts thereof are improper and inappropriate subjects for collective It is my position, therefore, that the progression of such proposal If I correctly understand the second paragraph of the document designated "Notice No. 1, you are aivancing the argument that upon expiration of the arbitration award the carriers should revert to the manning practices that prevaled before the award became effective. I do not believe the occasion warrants exter fed disc assion of this matter or of your reasons for meorporating the arguthent in what purports to be a section. 6 notice under the Raliway Labor Act. However, I nereby advise you that it is our position that all of the terms, conditionis, practices and procedures established purwart to the Award of Arbitration Board 2×2 are in corporated in the eclivetive agreement and continue in effect ule and until changed in accordance with the Rauway Labor Act after the award itself expires. I will not in this reply attempt to extslog all of the objectionable features of the proposal itself bat there are a numer of far lymer tål for spferstions as to when I wash our position to be elevi un derstood The entire proposal and each. of it's componer ts clearly relate direttiv to the wihgeet matter of that part of the Award of Arbitration Board No 282 which resolved the dispute over the *se of tiny f1.0* As you are aware, the termination, date of the procedural proof award 282 is Mar E. 31, 1966 ** your per posal to alter the terms, colatiers, practim, and proces, ares estat posted pars avut thereto y cor bueteg prior to Apri 1, 1996, is protat are ar 1 violates the letter and award and Pabes Law S8 1S 15. a som lar respect, the proposal orestent with the purposes of that part of the award whil, calls for creation of *** Nat of al Jort Boari. There a I. ." ber of other respects in which the proposal is inconsistent wh law, vabates pite poly, an i advar com renests that are not proper subjects for Iwat latory rouret ve baangat tg, some of which are the folowing ཐ་ A Itsevas to bargain, and obtain benefits for persons not employed by the carrier oyees of the carrar not represented by your org vi, zation for collective It seeks to pet, lze the carrer by regaring it to recom«Tapiame vi. Tussen 11.0 and as the result of enforcement of a ervat ot, of a coa craft or e'‚ss of em ploves and would *te des glation of the hangatang reprimetative for certain povrem It woud sta t to nu, retive bargaining the cargentera ar i promotional qual feat ons In adition to the noncharacter of the proposal for the TRANOR QUIt red, and for other in, eert at, of its aspects is voor at ve of the moratorium prosive Il est tætween the carriers and yo ir organization dated. Dethat notwithstar ing the for goỡ g you desire a conference so that evar at derstanding of our post où respecting yo ir notice. Î If this te on |