From Dave Torres email 6/1/16:<br /><br />Brothers and Sisters,<br />&nbsp; &nbsp; <br />As some of you may know I have been asked to take on the duties of the Secretary to the Local Committee when that position was vacated by Mr. Joe Rivera. For those of you how don&#039;t know me I&#039;d like to take this opportunity to introduce myself.<br /><br />In anticipation to the carriers plans to qualify crews while they are on their assigned jobs in a complete and total disregard for the agreement, we expect to see a surge in penalty claims. Attached you will find Rule 9 of the agreement along the Board Award pertaining to this particular issue. Also you find an updated Penalty Claim form, which we ask the you fill for every instance of any type of violation. Upon completing said forms please turn them to your respective Union officers or leave them in the GB office for Mr. Thompson, Mr. Garcia or myself. <br /><br />Given the expected increase in claims this process will help with the tracking and follow up to ensure that not one claim goes unpaid, the carrier is willfully and blatantly throwing our agreements out the window, lets make sure the pay every bit of what we are entitled so this may not happen in the future.&nbsp;  <br /> <br /><br />David Torres<br />Secretary to the Local Committee<br /><br />On Thursday, April 21, 2016 1:08 PM, DeVar Thompson &lt;devarthompson@gmail.com&gt; wrote:<br /><br />Brothers and sisters,<br /><br />As you may already have seen, bulletin #18 reflects the new assignments for the up and coming track work schedule. There was an abolishment notice issued on Tuesday April 19, 2016 which displayed the abolishment of the current assignments as of close of business April 24, 2016. Those sisters and brothers who are bidding or placing to the new assignments have the opportunity to do so during the 5 day advance notice period. If you decide to place before Sunday, you will become an automatic bidder for the assignment and be placed on the assignment on April 25, 2016.<br /><br />The award date for bulletin #18 assignments will be May 2, 2016. I have attached portions of the revised rule 9 of our CBA which covers the procedures when jobs are abolished. I will be sending further information about qualifying as I get it. At this point the extra board personnel for PNT and CHR are going to be scheduled qualifying trips. If there are any questions or concerns during this process, please do not hesitate to contact me. <br /><br />Revise Rule 9 to read as follows, including agreed upon questions and answers: <br /><br />1.	[b]In reducing forces, seniority will govern. Employees affected by a reduction of force or abolishment of positions will be given five (5) calendar days advance notice.[/b] A copy of such notice will be posted on bulletin boards, with a copy to the local chairman. <br /><br />[b]Except where shorter time periods are provided for elsewhere in this agreement, employees whose positions are abolished and/or who have a displacement right and who elect to exercise such displacement right at their crew base must exercise such right within two (2) calendar days after the date of notification of abolishment and/or displacement. Employees displaced must exercise their seniority in the same manner within two (2) calendar days after the date displaced.[/b] Employees exercising displacement rights outside their crew base must exercise their seniority rights within five (5) calendar days. [b]Employees who are able to but fail to exercise their displacement rights in their working zone within the prescribed time limit will revert to the extra board.[/b] Employees not possessing sufficient seniority to displace any employees will be placed in furlough status.<br /><br />[b]Employees will be permitted to select a vacant assignment that is under advertisement. Employees who exercise displacement rights to assignments subject to or being advertised shall be considered automatic bidders for such assignments. [/b]An employee who exercises seniority to a vacancy as a result of this Agreement who is not fully qualified on such assignment will not be permitted to occupy such assignment until fully qualified. [b]It should also be noted that in the event a senior employee is awarded the assignment after the advertisement is closed, the junior employee who picked the vacancy will be required to exercise seniority to another assignment within twenty-four (24) hours after the effective date and time of the award.<br />[/b]<br />Q-10 When jobs are abolished, how does the incumbent exercise seniority?<br /> <br />[i]A-10 Nothing in the revised rule should be construed to require or allow an incumbent to vacate the assignment prior to the effective date of abolishment.<br /><br />Should the incumbent be required to exercise seniority prior thereto because of the time restraints in this agreement, such displacement will be held in abeyance and made effective as of the date and time of the abolishment.<br /> <br />The employee displaced must exercise seniority in accordance with Rule 9(a) beginning with the effective date ofthe abolishment.[/i] <br /><br /><br />Fraternally yours,<br /><br />DeVar Thompson<br />SMART Transportation Division<br />LC 168<br />773-606-4321<br />devarthompson@gmail.com<br /><br />