From: Gil Gore [mailto:gilgore@bletsr.org]
Sent: Friday, December 15, 2006 3:39 PM
To:
Subject:
Brothers,
Attached you will find a copy of a letter of understanding (Click Here to View in PDF) that has been proposed to settle the 2nd trip rate when used in turnaround/hours of service relief in the Houston Hub. I am requesting your ratification of this interpretation.
As you are aware, the dispute developed surrounding the language in the 2003 BLET National Agreement Article V – Pay System Simplification. Unfortunately, there were some circumstances where crews were deadhead combined with service and paid actual miles for the working and deadhead portion of the trip. Per the 2003 BLET Agreement, mileage that was paid as one trip would be incorporated into the trip rate as one start. We have come to a compromise on the issue with the attached letter of understanding which provides for some pools that had evidence of being deadheaded separate and apart from service to be paid two trip rates. Other pools will be paid two trip rates when the turnaround/hours of service work reaches the threshold of 50 miles or more combining both the deadhead and working portion of the turnaround trip. I believe this is a good compromise settlement because it allows the miles already made deadheading in combined service to remain in the trip rate and ensures that all pools will be entitled to the 2nd trip rate either automatically or under the 50 mile criteria. This 50 mile threshold will cover more than 90% of the cases when crews are used in turnaround/hours of service relief. Had we gone directly to the disputes committee, several pools would have been shut completely out of the 2nd trip rate altogether due to the payment of combined miles for deadhead service during the test period. This is a hub wide settlement. Failing ratification of this proposal, we will have to take each pool to the disputes committee and I can assure you that the data will result in some pools being shut out of the 2nd trip rate completely.
With the above in mind, I recommend the ratification of this letter of understanding to settle this dispute.
Additionally, I have negotiated an understanding to pay all outstanding claims for this type of service if they meet the criteria established in the letter of understanding that have occurred since June 1 of 2006 when this dispute arose. I have attached a copy of my message to all Local Chairman dated 08-09-06 (Click Here to View in PDF) suggesting that members use the attached work sheet to record trips that involved work and deadhead out of the away from home terminal. If you or your members will forward those sheets to our office immediately, I will provide the same to the carrier to settle any shortages that have occurred since June 1, 2006. If you have saved the detailed KMB’s for these pools as suggested, that should help identify the crews who possibly were shorted. The settlement included a window of opportunity to present any shortages for payment. The cut off date for providing this information will be December 31, 2006. Shortage information provided beyond that time limit will not be considered.
I also need the ballots returned by December 31, 2006. Please remember that we have a conference call line available that will take up to 100 callers. If you would like to schedule a conference call for your Division to handle this ratification, please call the office and schedule the time with Carol to use the line. We can provide e-mail instructions on how to use the line if necessary.
I will post this information on our website at http://bletsrnews.blogspot.com/ and on our e-mail blogg at http://bletsre-mail.blogspot.com/.
If you have any questions, please feel free to contact me.
Fraternally,
Gil Gore
