washout Yuma sub both tracks/ update they believe they will have tracks open @ 0200

Posted on February 14 by LCDIV5

-UPDATE –

THEY DROPPED 80 TRUCK LOADS OF ROCK/GRAVEL.

0200 AM IS WHAT THEY ARE SAYING FOR OPENING

image1 (1)

Brothers,

There is a washout on the Yuma sub 559.2 both tracks. All traffic will be

stopped until fixed. I would Imagine the RE31 and RE10 would be in

standby mode .

Fraternally

Paulo

Protected: UP ADA Class Action update

Posted on February 11 by LCDIV5

Union Pacific Loses Battles on Color-Vision Test.

Posted on February 4 by LCDIV5

Union Pacific Loses Battles on Color-Vision Test.

Feb. 04, 2019 12:01PM

color-numbers-eye-test-free-vector

Must turn over vision testing data in job bias case
Occupational medicine, safety, disability experts OK

Union Pacific Railroad Co. must fork over information regarding its color vision testing that’s used as part of the company’s fitness-for-duty program, a federal judge ruled.

A proposed class action alleges the company’s fitness-for-duty program discriminates against workers based on disability and genetics.

The new “Light Cannon” vision test is part of the revamped FFD program Quinton Harris and other workers challenge in the suit. They allege that Union Pacific made changes to its FFD program in 2014 to require workers in some positions to disclose certain health conditions so that it may then automatically exclude them from duty.

The workers say the railroad ignores the medical opinions of doctors for the workers as part of the discriminatory scheme and instead relies on the view of its own physician even though he doesn’t examine workers himself. That violates both the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, the suit charges.

Union Pacific isn’t entitled to a court order protecting information about the new color-vision testing from disclosure because there’s evidence that the passage rate of workers was likely higher under its prior vision test and that the new test may not be scientifically reliable, the U.S. District Court for the District of Nebraska said.

The Feb. 1 decision by Judge Joseph F. Bataillon also includes other evidentiary rulings in the case. These include that the workers may present expert evidence from:

an occupational medicine doctor regularly involved with FFD determination, who reviewed Union Pacific’s policies, memos, and procedures and found that at least 3,145 workers weren’t cleared to work by the railroad’s doctor or were issued work restrictions after being required to have their fitness for duty tested;
a transportation industry safety consultant as to whether the railroad’s interpretation and enforcement of federal safety requirements for railroad workers “is far more restrictive” than it needs to be, provided the workers can first lay a foundation for his testimony; and
a long-time Railroad Retirement Board employee regarding that agency’s occupational disability annuity process and, if a sufficient foundation is laid, whether Union Pacific adopted its new FFD program to rid its payroll of more expensive, senior workers.Hildebrand McLeod Law Firm, Nichols Kaster Law Firm, Atwood Holsten Law Firm, and Moody Law Firm represent the proposed class. Baird Holm Law Firm represents Union Pacific.

The case is Harris vs UPRR 2019 BL 33150, D. Neb., No. 8:16CV381, 2/1/19 .

Harris v. Union Pac. R.R., No. 8_16CV381, 2019 BL 33150 (D. Neb. Feb. 01, 2019)

Protected: FTX Survey

Posted on February 1 by LCDIV5

100 mile yard day, regular assigned local picking up in Yard Limits

Posted on February 1 by LCDIV5

Brothers,

UP is again violating our agreement, the claims process does work however you must submit the claims. the Latest example is the Gemco jobs That travel to West Colton, low 10, low 20, log 44

here are the 3 things that must happen,

1) You handle cars that are not in connection with your train

2) You are within Yard Limits

3) Yard crews are on duty

(a yard has switchmen WC, Shops ,Commerce)

its a 100 mile Yard Day this approximately a 270.00 dollar claim. please hold them accountable

big fish

Claim-

on 01/01/19 while assigned to the low10/lof74/log44 I was instructed by(name a manager who told you to do this work) @ mp# within Yard Limits where switch crews are employed and on duty. (if you know a job number that is on duty that would help) to switch out cars/pick up cars/ car # from (train ID,If you know) “Not in connection with my train or work,” track number /time switching started /time switching ended /where cars were moved from and to/time finished/ time departed.

Now I know your on the engine and dont know the car numbers , but this is a good claim for the trainmen as well .

make sure this is also in your FRA , Not in your FRA didnt happen

Attached is statement of claim on behalf of Los Angeles Service Unit Engineer (name,eid,) October 22, 2015, for a 100 Mile, YARD DAY, while employed in Local Freight service @ co470 ae10 on the LOW 20 The decision rendered by the Timekeeper has been rejected, and I am, therefore appealing it to you in accordance with the provisions of the existing agreement. Engineer X was regularly assigned to LOW 20, and has claimed a 100 Mile, YARD DAY – account instructed to switch cars for the outbound hauler (MWCJY 21) and or purify the yard at the weeds . none of the cars switched were in conjunction with their job and or train . Ordered by MYO Tony Boaten at cx809 at 1030am on 10/22/15 . This was done where Yard Crews are on duty and available(cx809 yla51/) , doing so per Rodger Lambeth. (See Claim #819821600 , dated 10/22/15) I requested that this claim be allowed as presented

1982 UP/SPWL Engineers Agreement Article 11 Section 3a Where regularly assigned to perform service within switching limits, yard engineers shall not be used in road service when road engineers are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, engineers shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of Service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service. Article 11 Section 4a An engineer operating in other than extra or assigned yard service required to perform yard service at any point where yard engines are employed shall be allowed the yard or freight rate, whichever is the greater, with a minimum of one day. 1986 Arbitration Award 458 Article VIII Sections 1 & 2 – Road, Yard and Incidental Work Section 1 Road Crews Road crews may perform the following work in connection with their own trains without additional compensation: (a) Get or leave their train at any location within the initial and final terminals and handle their own switches. When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty point fixed for that assignment and such point is not within reasonable walking distance of the on and off duty point, transportaion will be provided. (b) Make up to two straight pick-ups at other location(s) in the initial terminal in addition to picking up the train and up to two straight set-outs at other location(s) in the final terminal in addition to yarding the train; and, in connection therewith, spot, pull, couple, or uncouple cars set out or picked up by them and reset any cars disturbed. (c) In connection with straight pick-ups and/or set-outs within switching limits at intermediate points where yard crews are on duty, spot, pull, couple or uncouple cars set out or picked up by them and reset any cars disturbed in connection therewith. (d) Perform switching within switching limits at times no yard crew is on duty. On carriers on which the provisions of Section 1 of Article V of the June 25, 1964 Agreement are applicable, time consumed in switching under this provision shall continue to be counted as switching time. Switching allowances, where applicable, under Article V, Section 7 of the June 25, 1964 Agreement or under individual railroad agreements, payable to road crews, shall continue with respect to employees whose seniority in engine or train service precedes the date of this Agreement and such allowances are not subject to general or other wage increases. (e) At locations outside of switching limits there shall be no restrictions on holding onto cars in making set-outs or pick-ups, including coupling or shoving cars disturbed in making set-outs or pick-ups. Section 2 Yard Crews (a) Yard crews may perform the following work outside of switching limits without additional compensation except as provided below: (i) Bring in disabled train or trains whose crews have tied up under the Hours of Service Law from locations up to 25 miles outside of switching limits. (ii) Complete the work that would normally be handled by the crews of trains that have been disabled or tied up under the Hours of Service Law and are being brought into the terminal by those yard crews. This paragraph does not apply to work train or wrecking service. Note: For performing the service provided in (a)(i) and (ii) above, yard crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits. Such payments are limited to employees whose seniority date in engine or train service precedes November 1, 1985 and is not subject to general or other wage increases. (iii) Perform service to customers up to 20 miles outside switching limits provided such service does not result in the elimination of a road crew or crews in the territory. The use of a yard crew in accordance with this paragraph will not be construed as giving yard crews exclusive rights to such work. This paragraph does not contemplate the use of yard crews to perform work train or wrecking service outside switching limits. (iv) Nothing in this Article will serve to prevent or affect in any way a carrier’s right to extend switching limits in accordance with applicable agreements. However, the distances prescribed in this Article shall continue to be measured from switching limits as they existed as of July 26, 1978, except by mutual agreement. (b) Yard crews may perform hostling work without additional payment or penalty.