Posted on Tuesday, December 16 Eastern Standard Time

B & O News In a letter dated December 16, 2008 General Chairperson J. E. Lesniewski notified his Local Chairpersons that, in light of the Special Board of Adjustment arbitration findings issued December 8, 2008, CSXT will no longer require employees to take vacation or personal leave days for Family Medical and Leave Act (FMLA) purposes.  In his letter the General Chairperson wrote:

"In a letter dated July 17, 2008 I advised that court victories on the subject of the Carrier forcing our members to use paid vacation and personal leave to substitute for FMLA leave did not say it was improper for a Carrier to require their employees to use paid leave for FMLA purposes in all cases... just in those where pre-existing contractual obligations grant employees the right to determine when, or in what manner, they utilize their paid vacation and personal leave.  I also advised the Carriers were fulfilling my April 26, 2007 prophesy by challenging the FMLA issue every step of the way and attempting to delay implementation of the Court’s decision because the longer they can delay, the longer they can dissuade employees from taking FMLA Leave in addition to their contractually entitled paid leave.  They did, in fact, force our hand to arbitrate as a minor dispute the issue of whether our Operating Vacation and Personal Leave Day Agreements do '... grant employees the right to determine when, or in what manner, they utilize certain types of paid vacation and personal leave.' 

I am happy to report the rail unions, including the UTU, won that Special Board of Adjustment arbitration on December 8, 2008 as widely reported on the UTU website, our General Committee website (www.utubo.org) and numerous other rail union websites and publications.  This is a great victory for rail labor, and a shining example of what can be accomplished when rail unions act in collaboration with one another!
Although the Award does not become effective until December 22, 2008, upon our inquiry to CSXT Labor Relations following this great victory I was given the following advice:

'A Special Board of Adjustment has issued an award finding that the Carriers cannot require employees covered by the national vacation and/or national personal leave agreements to substitute paid vacation and/or personal leave for unpaid FMLA leave. 

Therefore, effective December 16, 2008, CSXT will no longer require employees covered by these agreements to substitute paid vacation or personal leave for unpaid FMLA leave.  However, employees may elect to substitute paid vacation or personal leave for unpaid FMLA.

CSXT will be modifying its written FMLA policies and forms to make them consistent with the Award.  We expect that these changes will be complete in mid-January 2009 but, as noted above, we will discontinue making the required substitutions by December 16, 2008.' 
(Underlining added)

The process for claiming FV (FMLA vacation) and FL (FMLA personal leave) for those that elect to substitute paid vacation or personal leave for FMLA leave is still being perfected by CSXT’s payroll department.  As you know, currently payroll con codes FV and FL cannot be input by an employee.  They must be generated by payroll; and that needs to be changed.  I will advise when this process is complete, and I am sure the Carrier will post a notice/bulletin as well." 

 



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