Mr. R. E. Carter
General Chairman, UTU-T
P. O. Box 1333
Pocatello, Idaho 83204
Mr. D. L. Smith
General Chairman, UTU C&T
165 South West Temple
Arrowpress Square, Suite 110-6
Salt Lake City, Utah 84101
Dear Gentlemen:
Your(sic) have consistently expressed concern about how Article X(2) will be applied. This section addresses the commitment that “no one will be furloughed as a result of the implementation of this Agreement. ”
In order that there is no misunderstanding as to the Carrier’s intentions, we have agreed to the following for employees on the roster on implementation day:
- No trainmen will be furloughed as a result of this Agreement.
- Trainmen will be furloughed only as a result of a decline in business.
- Prior to furloughing any trainmen, the Carrier will notify the General Chairman advising of the number of trainmen to be furloughed and the reasons why. Trainmen may be furloughed following this notification.
- Should the General Chairman reject the Carrier’s decision, the General Chairman may request expedited arbitration.
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The arbitration shall be governed by the following:
- The Carrier pay the costs and expenses of the arbitrator.
- The arbitration shall be held within 20 days of the General Chairman’s request for arbitration and the arbitrator shall render a decision within 20 days of the arbitration hearing.
- The Carrier shall have the burden of proving the furloughs were the result of a decline in business.
- Should the arbitrator find the Carrier did not meet its burden of proof, furloughed trainmen shall be entitled to lost wages.
I trust this correctly reflects our understanding and eliminates your concerns. Should the above be acceptable to you, please acknowledge by signing below.
Yours truly,
L. A. Lambert
Director Labor Relations
AGREED:
R. E. Carter
General Chairman UTU-T
D. L. Smith
General Chairman, UTU-C
