FAQ

What am I paying dues for?

So let’s clarify this because it is one of, if not the most popular question we get at Local 1517. There are two types of dues a member can pay “A” and “BA”. The main difference is that “A” membership puts a portion of your dues into the IBEW pension fund which you will receive an annuity from when you retire. A large portion of your dues pay for attorneys and representatives to negotiate a national contract containing pay and benefits. Another substantial portion pays for legal representation from our attorneys who represent us under FELA (Federal Employers Liability Act). These attorneys are on retainer 24/7 to represent us should an injury or incident occur on the job. Another portion pays for a national agreement between the Union and our Carrier that is enforced by our national representatives at System Council 16. System Council 16 provides representation at the national level should an investigation be appealed locally. Another portion is paid to the Nebraska State AFL-CIO which oversees all unions in the state in all departments. The smallest portion is used locally to pay officer salary and have representation at the local level should an investigation occur.

Other unions in different trades seem to be able to strike whenever they want. Can we have a strike or sit in?

No we cannot have a traditional strike or sit in. The main reason for this is that it violates one of the key elements of the Railway Labor Act of 1926. That key element being “not interrupting the flow of commerce.” The only time a railroad union can strike is if the dspute is determined to be a "major" one. That determination is made by the NMB (National Mediation Board) and the Supreme Court. Rail unions absolutely cannot strike a "minor" dispute. Our contract for example is a major dispute. Getting forced over for 4 hours of overtime is a minor dispute.

Can the Carrier make me work more than 8 hours a day, or 5 days a week? If so isn’t that against the rules?

Yes the carrier can and has made us work more than the traditional standards. BNSF Railway and the IBEW have a national agreement that was ratified in 1983. Within that document, which governs all IBEW unions working for BNSF Railway, it states in Rule 1. Hours of Service and workweek:

(h) Non-consecutive Rest Days: The typical work week is to be one with two consecutive days off and it is the Railway Company's obligation to grant this, except that when an operating problem is met where the requirement that two consecutive rest days be granted cannot be met and it would otherwise be necessary for employees to work in excess of five days per week, employees occupying a relief assignment may be given non-consecutive rest days. If after the foregoing has been done there still remains service which can only be performed by requiring employees occupying positions in six day service to work in excess of five days per week, the number of regular assignments necessary to avoid this may be made with two non-consecutive rest days, which rest days may be other than Saturday, Sunday or Monday. If the employees do not agree over the necessity for non-consecutive rest days on any such assignments, such cases may be handled as a grievance under the rules of this agreement.

While this has happened a few times in the recent past it is an extremely rare occurrence that the carrier will makes us work more than 5 days in a week. Most people do not realize that in the United States hours of work in a day and hours of work in a week are not regulated in any industry. Your employer can make you work indefinitely and not be in violation of Federal laws. Imagine how it would be with no Union or an enforced agreement.

Can a workweek be longer than 5 days? Can a workday be longer than 8 hours?

Yes. This is the dark side of the system that we all live and work in. According to the FLSA (Fair Labor Standards Act) of 1938 this is the definition of a workweek in the United States:

“Workweek - A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis.” In addition to a “workweek being 7 consecutive days here are some other items not regulated by the FLSA in the United States: The FLSA does not require: 1 vacation, holiday, severance, or sick pay; 2 meal or rest periods, holidays off, or vacations; 3 premium pay for weekend or holiday work; 4 pay raises or fringe benefits; or 5 a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA. However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed. Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The above matters are for agreement between the employer and the employees or their authorized representatives. The above information should highlight the absolute necessity of union organization in our industry. A nationally enforced contract of being left to the mercy of the powers that be.

When it comes to voting to ratify or strike down our contract I heard not voting counts as a yes. Is that true?

Absolutely not. In fact throughout the entire history of collective bargaining and organized labor it has never been true. Not voting is a win for the enemy. That is it and that is all. We never tell our membership how they should vote, we just tell them they need to.

Since I’m a dues paying member of an IBEW Railroad Local what rights do I have in the workplace?

This is actually a very common question. There have always been misconceptions about what union dues actually do for the membership. One very common belief is that Union dues, in any industry, provide a safety net for members regarding rules in the workplace. That is true but remember most union shops have a written agreement with their employer that details how the shop should run and how the Carrier (management) interacts with the unionized workforce. A portion of those dues pay for enforcement of the national agreement through representation from you Local Chairman, General Chairman, or business manager (should your union have one). Remember that the Carrier is also responsible for strict adherence to our 1983 National Agreement.

I run another business outside of the railroad and have many other responsibilities. They won’t care if I can’t work more than 40 hours a week will they?

Actually according to the BNSF Safety rules: S-1.2.13 Conflict of Interest

Officers and employees of the company must not have personal interests which might conflict or appear to conflict with the interests of the company or its affiliates or which might influence or appear to influence their judgment in performing their duties. The outside activities and affairs of all officers and employees should be conducted so as to avoid loss or embarrassment to the company and its affiliates. Employees must not engage in another business or occupation that would create a conflict of interest with their employment on the railroad or would interfere with their availability for service or the proper performance of their duties. This rule is designed to foster a standard of conduct which reflects credit in the eyes of the public on the company, its officers, and its employees, and which protects the reputation and financial well-being of the company. In addition, there is no intent to interfere with the personal interests or activities of officers and employees. This rule states that if your other job, duty, project, or responsibilities affect your availability for service then yes they can and will notice because it is a direct violation of the safety rule we all have to follow. That coupled with the fact that according to our 1983 Agreement we are contractually obligated to work 40 hours in a 5 day period.

If I am away from work for an extended period medical leave, emergency, or another reason do I need to inform my Union representatives?

Yes. There are several reasons why it is vital that you notify and stay in contact with your union representatives. One because it is common courtesy. We are here to represent and defend you but if you vanish of the face the face of the earth and don’t tell us we have no way of knowing where you are or what you are doing. Second is that when it comes to your involvement in the IBEW your dues are important. If you are going on medical leave or will be away for an extended period you need to inform our financial secretary so we can make arrangements to put you on withdrawal or have you keep paying.

As a dues paying union member do I have Weingarten Rights like other labor organizations?

This is a very long answer but also extremely important. Please take the time to read and understand it.

Employees covered by the National Labor Relations Act (NLRA) have a right to have a union representative or co-worker present during an investigatory interview with management when the employee reasonably believes that the interview might result in disciplinary action. This is generally described as the employee’s “Weingarten Rights,” referring to a case decided by the Supreme Court where it was held that denial of a request to have a representative present during such an interview was an unfair labor practice. NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). Since railroad employees are covered by the Railway Labor Act, not the NLRA, do they have the same right to demand that a representative accompany them to an interview conducted by a management official?

Unfortunately, the answer is no. The reason for the difference can be found in the text of the statutes. Section 7 of the NLRA gives non-railroad employees the right “to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…” 29 U.S.C. §157. The Supreme Court held in Weingarten that the request for a representative during an interview with management is considered “concerted activit[y] for…mutual aid or protection.” To put it simply, the right to have a union representative present while you are being interrogated by your supervisor protects not only you, but the entire group of people represented by the union. The language quoted prohibits a company from interfering with that right.

The language of the Railway Labor Act is more limited, however. Section 2, Fourth of the RLA provides that, “[e]mployees shall have the right to organize and bargain collectively through representatives of their own choosing…No [railroad], its officers or agents, shall deny or in any way question the right of its employees to join, organize, or assist in organizing the [union] of their choice, and it shall be unlawful for any [railroad] to interfere in any way with the organization of its employees…” 45 U.S.C. §152 Fourth. Notably missing from this section is a phrase comparable to “other mutual aid or protection.” The RLA’s focus is on protecting employees’ rights to select and form a union, and collectively bargain with the railroad through that union. The right to have a representative present during an interview with management is not covered by those rights.

Although such a right is not legally protected, railroad employees should always show up at investigatory interviews with a union representative or co-employee. A railroad official will be less likely to try to harass or intimidate if a witness is present, and he or she likely won’t know whether Weingarten rights apply or not. If the railroad official insists on speaking to the employee alone, however, the employee should not be insubordinate or refuse to cooperate. Get good advice before the interview occurs with your union representative, and if necessary, handle the interview alone.

If I am off for several consecutive months for medical or personal reasons can I still use a day of vacation once a month to maintain my qualifications for Railroad Retirement?

Yes you absolutely can. Our Brother and Local Chairman Shane Duncan from IBEW Local 959 in Topeka did some excellent investigating and came up with the following. There is quite a bit of additional information available in the document section of the site regarding this issue. But here are the basics of compensation and Railroad retirement. "A Class 1, Rail Carrier will turn in your compensated time to the Railroad Retirement Board (RRB) and if there is a month that you didn’t receive any “Compensation” for from the Road (Carrier) you will not receive a service month on your Form BA-6. Compensation from the Railroad Retirement Board or Aetna doesn’t count as compensation for a service month, as this is your money. Only monies paid to you via the Road that you are employed with is compensation that can be reported. For those of you that need every month to count to reach your 60/30 retirement date at age 60, then this is a very valuable tool as you will lose service months while on MLOA or Furlough status. On the other hand, if you hired on with a Road young enough that you may end up with 35, 40 or more years before you reach 60 years of age or you work excessive overtime (after reaching a high enough % of tier 1 & 2 you can be Deemed credits), then you may find it to your advantage to save your vacation time and use it another way.

What does seniority apply to in the workplace?

This question can be confusing but the actual answer is quite simple. There are six distinct situations where an individual members seniority applies. They are as follows in no particular order: 1- Hire Date 2- Order of layoffs during a furlough 3- Scheduling Vacation 4- Bidding and being awarded a job 5- Exercising a bump of a junior member 6- Having a job backfilled when yours carries a pay differential. These are the only contractually obligated scenarios that seniority applies to. Anything else is usually just a handshake or gentlemen's agreement between the organization and the carrier and therefore not enforceable. Remember it is your seniortiy and your right to exercise it in one of the above instances.

Can the IBEW prevent a furlough or layoff?

Unfortunatley the answer is no. A very important aspect of belonging to a labor organization is understanding how it operates when it comes to realationships with the employer. Your dues that you pay to the IBEW protect you at work. For example your dues prtoect you from retaliation, extortion, manipulation, coercion, and abuse in the workplace. If your employer needs to reduce forces or close facilites and layoff employees it will. However if the employer chooses this path it must do so in accordance with any national agreement. The labor organization does not make Fedreal policy that is done by political involvement.

Are my dues used to support political activities that I disagree with?

Absolutely not. This is actually a dogwhistle that has been blowing since the early days of the industrial revolution. Labor organizations including the IBEW only use funds that have been voluntarily donated to engage in political activities. Through the Committee Of Political Education, or COPE, the organizations receive donations to help support pro-union policies. Each local can only ask for donations. They are not allowed to deduct funds from any members dues and give them to any political party.