Reality concerning ACRE's lack of opposition to the implementation of a Sick Time Abuse Policy by Metro-North.

ACRE claims: its hands are tied with the decision of Board Award No. 381 concerning an IBEW member on Metro-North.

Reality is: ACRE is willing to toe the company line instead of challenging Metro-North on the implementation of their arbitrary determination of what constitutes an abuse of sick time when an employee marks off. No parameters when marking off sick are contained or implied in our contract with Metro-North. The implementation of this new sick time abuse policy by Metro-North is a constraint on our rights and a violation of our contract. Why haven't our ACRE officers challenged the implementation of this policy?

Metro-North implemented a sick time abuse policy in 2001. The Railway Labor Act provides any union the ability to dispute an alteration of their existing collective bargaining agreements by the Railroad (Carrier). ACRE's position was that a Board Award sustaining discipline assessed on a IBET member for abuse of sick time was to difficult to challenge. Apparently Metro-North's labor relations department utilized this award as an example to implement a sick time abuse policy. The ACRE went along in agreement with Metro-North and considers this award as justification for Metro-North to implement their sick time abuse policy.

After this policy was implemented, BLE General Chairman, Fred Kelly contacted the BLE International Arbitration Department and requested copies of Board Awards detailing the suspension of discipline assessed to employees for abuse of sick time. Fred received some awards and forwarded copies to Tom Gleason. Tom offered copies of these awards to Mike Doyle, to assist ACRE in challenging Metro-North's sick time abuse policy. Doyle stated the awards were not relevant to the issue and the IBEW award established a precedent too strong to overcome through arbitration.

Important points of five favorable awards are listed (Board Award 13446, Board Award 13447, Award No. NMB 54, Award No. NMB 55, Board of Adjustment No. 1056). These are strong awards. Results favorable to a union's position in a dispute with the carrier are never guaranteed when seeking arbitration to resolve an issue. At the very least, an effort by ACRE should have been attempted.