MTAcre - If a tree falls in the ACRE, does ANYONE hear it ? is anyone listening ?

With the opening of a third track on the Harlem line between Fleetwood and Crestwood, ACRE members are wondering if M-N is going to pay their 14b and 17b penalty claims?

Let us review some of the history and newsletters seeking clarification on 14b payments. In 1999 our officers during the campaign for the ACRE sent out a newsletter proclaiming how they achieved numerous understandings with M-N on 14b payments. We also have a 14b reference guide that was mailed out to the membership by these officers to keep for future guidance.

Prior to the 1999 contract with M-N, the only craft to receive 14b payments for going beyond a train's scheduled CP point was paid solely to Engineers. In the 1999 Contract, Conductors and Trainman would now receive a penalty payment, a 17b, for going beyond a train's scheduled CP point. In essence the entire crew would now receive a penalty payment. This change to our agreement with M-N helped pave the way for the ratification of the 1999 contract and for ACRE to become the bargaining representative for Conductors and Trainman on M-N.

In March of 2000, ACRE takes over and has control of our contracts and the enforcement of our agreements with M-N. To date our ACRE officers have denied any language changes to the 14b or 17b language contained in our contracts with M-N. In our recent historic ACRE contract, again no contract language changes were implemented or voted on, concerning our 14b or 17b agreements. So now why do we not get paid for going beyond our turning points like we used to prior to the ACRE?

Review the questions from this reference sheet. Question: If my train is bulletined to turn at CP 25 and instead I am ordered to turn at CP 26, do I get paid a 14b? Answer: YES. Currently under the ACRE without any contract language changes to our agreements, we do not get paid 14b or 17b claims for this turn. This claim was paid prior to the ACRE.

What could have changed over these past four years and caused ACRE officers not to enforce our contract and work agreements with M-N?

Could it be that ACRE officers are now on the MTA M-N payroll?
Could it be that 14b and 17b payments became too expensive for M-N? Prior to 1999 when only Engineers received penalty payments for a 14b, it would only cost M-N about $90.00 per turn. Now with Conductors and Trainman receiving penalty payments, a train going past it's scheduled CP point would cost M-N between $270.00 and $360.00. If M-N had 10 trains going beyond their scheduled CP points in any given rush hour, their costs would have grown from about $900.00 to either $2,700.00 or $3,600.00. Now it is not in M-N's interest to turn many trains beyond their scheduled CP points anymore. It now becomes very expensive for M-N to turn trains beyond their scheduled CP points.
ACRE officers claim that the non-payment of these claims stem from a language interpretation of the rule. We now have to look at it from M-N's point of view. ACRE calls this interest based bargaining. When this rule was negotiated we had turn points instead of CP points. Then as M-N installed more CP points closer together, it became advantageous for M-N to turn trains at CP points instead of turn points. M-N could now turn trains and crews quicker and more often. Now with CP points becoming to close to each other, we should now look at the intent of the rule and go back to turn points. If this is now ACRE officers argument, then why do they allow M-N to print run books and schedule trains to turn at CP points instead of turn points? M-N currently has it both ways.

Using their 14b reference sheet as our guide, the only thing that has been compromised is our ACRE officers integrity concerning the enforcement our contract and work agreements with M-N. With no contract language changes to our agreements concerning 14b and 17b payments, with ACRE and M-N interpreting the context of this rule differently, 14b and 17b payments are now a thing of the past. Who loses out? As usual, the working ACRE membership does.

Look at what happened last winter when M-N had equipment shortages and combined trains and crews worked beyond their scheduled CP points. ACRE and M-N worked out a deal. Who lost out? The ACRE membership did. Now crews want to know if they will be paid 14b and 17b payments for turning at Crestwood instead of Fleetwood? Crews should speculate that a deal had already been worked out between M-N and ACRE officers before this track ever opened. The outcome of this negotiated settlement should come as no surprise to anyone.

If this contract language interpretation change has you thinking, look at what ACRE officers have allowed M-N to do concerning our sick time agreement. ACRE officers have allowed M-N to add new constraints and contract language changes concerning how many times an employee can mark off sick within a specified time period. Again ACRE officers claim that no contract language changes were ever made to the sick time agreement. ACRE members were not informed about any constraints and did not vote on any contract language changes to our sick time agreement with the recent historic ACRE contract. So why is M-N sending out letters of investigation to ACRE members for marking off sick and using the sick time allocated in our agreements? A larger and more important concern is why ACRE officers have their members signing waiver for marking off sick. Once again interest based bargaining comes into play. We need to look at it from M-N's point of view. M-N employees now have a responsibility to and are expected to come to work every day. Forget why sick time was negotiated for the membership to begin with. Only M-N concerns count. In our crafts, when an employee marks off sick, they must be replaced with another employee. For now, our jobs cannot blanked. Every train needs at the very least an Engineer and a Conductor. When employees mark off sick, it costs M-N money to fill this position. This is one of the main reasons behind the extra list and the relief list. So if M-N can intimidate you along with ACRE's blessings into not using your rights under these agreements, they save money and can reduce the number of employees needed to maintain the extra list and greatly reduce relief day work. Without merit and for convenience, ACRE will point to another crafts board award to justify there and M-N's position.

What it all boils down to is this: ACRE officers + MTA pay = ACRE members work rules being eroded away. In the very near future, please keep ACRE's interest based bargaining in mind, when ACRE officers seek a monthly dues increase.