Thread regarding Union Pacific Corp. layoffs

Union Busting the Train Dispatchers and Misclassification

According to the latest announcement, effective January 15, 2021 the agreement professional Crew Dispatchers in CMS will report to Train Dispatchers. Dispatchers will be trained to be responsible for hiring, promotion interviews, and discipline processes for CMS agreement professionals. They will also review crew dispatcher performance. Thats rich content.

Lets look at things further:

  • If a person is a manager and has direct reports they can't become union. The UP knows they have upset the remaining train dispatchers and to keep the union out they are making this arrangement by changing the train dispatcher jobs functions from an operations role to a managerial role. Whether you agree with union representation or not isn't the point. They are now making it impossible if you should ever feel you need a collective bargaining agreement.
  • Since it appears they are short handed after the layoffs, resignations, and COVID absences this could be their way around the dispatcher hours of service regulations. Why work someone 8 hours when you can work them 12 hours and use less people to do the job? Don't think its a far fetched idea.

One thing to consider though. UP has gotten away with misclassifying train dispatchers as managers for years. How many direct reports have you had as a train dispatcher? None. To be a manager you have to have direct reports. Each state has its own labor laws concerning this. If the state does not have its own law they follow the national law. Do your own research and look up NE, TX, CA, IL, KS/MO labor laws concerning this subject. What this means is the train dispatchers should have been paid hourly rather than salary, as well as compensated for overtime. It would be worth looking into for anyone who thinks they are due additional compensation for overtime they worked beyond 40 hours per week. As an example, during your career how many work weeks went over 40 hours while you sat waiting for your relief to attend a long, drawn out S&C meeting? Lets not forget the meaningless 40 minute town halls. This is something to think about and 10 minutes here, 20 minutes there could easily add up over the course of 10-20 years. The other railroads have it in an agreement as to how they compensate train dispatchers for anything over 8 hours per day and/or 40 hours per week. There is a reason for this and its not just because they are union.

It sounds like dispatching jobs are already maxed out. Adding another dimension of responsibilities not associated with the duties of a train dispatcher is reckless and compromises safety.
Good luck, you'll need it.

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| 3661 views | | 17 replies (last January 17, 2021) | Reply
Post ID: @OP+18O5q3Vl

17 replies (most recent on top)

While it may not be a requirement to be considered a manager, it is certainly another checked box that COULD aid the carrier in arguing that dispatchers are UNable to organize even if they choose to do so...

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Post ID: @9jfh+18O5q3Vl

It’s not a requirement to have direct reports to be a manager. There is no state law saying this. I know several people in UP and other companies that are managers without supervising duties.

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Post ID: @9xol+18O5q3Vl

I’d rather be furloughed than be a manager working 27 days in a row with no paid overtime. Always can find another job, but can’t get back the life you wasted at work.

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Post ID: @4axg+18O5q3Vl

I heard they cut in the Crew dispatching side as much as they did in the train dispatching side.

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Post ID: @3flw+18O5q3Vl

I don't think giving up union would have hurt them. Ask the furloughed electricians, machinists, and F&O workers how well their unions supported them. The unions never were there for their members in their time of need just like the unions wouldn't have been there for the dispatcher's time of need. UP knew the unions were worthless and exploited that fact.

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Post ID: @3lbc+18O5q3Vl

CMS Can’t Manage Sh!t

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Post ID: @2qxf+18O5q3Vl

The whole company scams with whatever they can get away with and managers agree with everything their told to do

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Post ID: @2uso+18O5q3Vl

The should have never given up their Union protection and they wouldn’t be in this mess now.

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Post ID: @1pgv+18O5q3Vl

They should voice their intention to organize today....and head this off at the pass. It's a blatant attempt to stop unionization. And yes they foolishly gave it up for pay and empty promises....and less protection and security. I prefer my dispatchers to be happy and have as little stress as possible...makes my day easier

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Post ID: @1cli+18O5q3Vl

The National Labor Relations Act (NLRA) establishes certain protections for private sector
employees who want to form or join a labor union. These protections do not extend to
supervisors. Historically, Congress has debated where to draw the line between employees who
have different levels of management responsibility. It is generally agreed that employees who
have significant supervisory duties, such as hiring and firing, are supervisors. However,
disagreement occurs with respect to employees who have minor supervisory duties.

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Post ID: @1bej+18O5q3Vl

Someone remind me of the full story on why train dispatchers aren’t protected by unions anymore? Didn’t they basically give up their Union protection for the promise of more pay or some other deal they never got ?

As for CMS, we’ll I’ve never dealt with a competent employee that worked in that department anyway

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Post ID: @1chx+18O5q3Vl

CMS is crew management; they’re the ones who call the eng/con/brk and yard crews to their jobs, order taxis, etc. they’re the “customer service” people you call to make seniority moves, schedule vacation days, call in sick, lay off FMLA.

Now these people are reporting to train management? I can’t see this going well....

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Post ID: @1coy+18O5q3Vl

Wow......

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Post ID: @1eex+18O5q3Vl

Paint it however you want but its so. I will admit it may have not been that way in the past but it is so now.

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Post ID: @ovi+18O5q3Vl

They may fall under certain rules or they might not be classified properly either. With the people you mention it may depend on the law and what their duties are. It would be interesting to see where and if corners were cut though.

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Post ID: @avx+18O5q3Vl

Managers do not have to have direct reports. I know several that have none.

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Post ID: @xnl+18O5q3Vl

What is CMS?

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Post ID: @qus+18O5q3Vl

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