ACRE apparently loses arbitration case for passenger extra list calling order:

Maintaining ACRE's policy of not notifying the membership of negative or unfavorable information concerning ACRE's operation, ACRE has not released news reporting ACRE's apparent loss at arbitration for the passengers extra list calling order. The only feedback available has been from members that have spoken with Andy Stiemle about the arbitration.

Andy has stated ACRE waited too long to progress the dispute to arbitration. The issue was unresolved for several years before ACRE finally decided to request arbitration to resolve the dispute this past January. Allowing the issue to remain unchallenged by ACRE for throughout this time period permitted Metro-North to establish past practice. Andy admitted the arbitrator inquired why ACRE waited so long before requesting arbitration. The arbitrator's decision favored Metro-North primarily because ACRE allowed Metro-North to establish past practice. ACRE actually lost before the organization requested arbitration.

The proper procedure to dispute a Carrier's challenge to a portion of the collective bargaining agreement is:

• The labor organization must identify the issue of dispute and notify the Carrier to request a meeting attempting to gain a resolution of the dispute.
• If a resolution cannot be obtained, the organization can request a mediator to review the dispute and decide if the dispute is a major or minor dispute. The mediator will almost certainly decide the dispute is a minor dispute, which denies the union the ability to have a job action.
• The organization generally will then request arbitration to resolve the dispute.
• In the interim before arguments from both parties are presented to the arbitrator, the union should notify any members that may be affected by a potential loss of earnings to submit claims. This progression of a dispute did not occur. This process should have taken a few months, not several years.

Why wasn't this dispute progressed by ACRE officers several years ago? It was against the companies' position and not in Metro-North's best interest. It was easier to permit the Carrier to establish past practice and appear to attempt a resolution favorable to the passenger extra list members. ACRE officers could always claim that they tried their best but lost at a board and place the blame for the loss on an arbitrator.

The officers of UTU Local 77