August 8, 2005
 
VIA FAX AND E-MAIL
Mr. A. C. Hallberg, UP Director Labor Relations
10031 Foothills Boulevard - Room 145
Roseville, CA 95747
 
Dear Mr. Hallberg:
 
This office has been informed that at 12:15 pm on Monday, August 8, 2005, on the QWCTU-07 at Yuma, Arizona two individuals who introduced themselves as “Contractors” of the UP instructed Conductor Rodriguez that he was required to use them to assist him in making a pick up of cars and setting out a unit at Yuma.  These two individuals lined switches and applied a hand brake to the unit.
 
In previous correspondence (November 12, 2003; March 9, 2004 and June 8, 2004) this office has documented and outlined the position of this committee regarding non-UTU employees performing service as trainmen.  This committee considers this event as a unilateral abrogation of our existing collective bargaining agreement; we request an explanation as to why non UTU represented employees are assisting with the operation of a train.
 
In closing, this letter is to advise that this committee has the authority to treat any future analogous action as a major dispute.  However, before executing any action that may be injurious to any party, we request a prompt written response to this letter.
 
Sincerely yours,
 
 
 
J. Kevin Klein
General Chairperson
 
cc: Mr. Paul Thompson, UTU International President
 Mr. Clint Miller, UTU General Counsel
 Mr. David Hakey, UTU Vice President - Administration
 Mr. Mike Futhey, UTU Vice President