Progress Through Unity

FMLA 2nd Letters

Brothers and Sisters:

Yesterday I received phone calls from members stating they received a second letter requesting re-certification of their already approved FMLA. After addressing the Carrier regarding the first letters that were sent out to members requesting recertification of their already approved FMLA, the second letter were supposed to go out to members that allegedly show a “pattern” of unauthorized use of his/her FMLA. These letters requesting members to re-certify are generic. We believe these letters are improper and in violation of the members Federally Protected FMLA. I have already requested several members to share their second letters with me. I went through several letters and the members work history and see no pattern of abuse of the members FMLA. These letters were sent out to T&E employees only, contradicting the Carrier’s assertion these letters were addressed to all “Non Agreement” and “Agreement” employees.

I ask all members who receive a second letter to please get me a copy of his/her second letter requesting recertification. We cannot and will not allow the Carrier to continue to attack our members rights, especially our rights protected by Federal Acts. I will be calling our attorney in Cleveland for legal direction on how to address this attack on our members rights.

Attached below will be a link providing information on what the Carrier can and cannot do regarding a members FMLA. This link will also describe what a member can, cannot do when one thinks his/her FMLA has been violated. I’ve been told a meeting next week will be scheduled between the Organization and the Carrier about this issue. I haven’t received a date or time as of yet, so please send these letters to me asap. Feel free to call me at 908-294-0166. A member can screen shot the letter, or email them to me at jjohnson@utulocal60.com.

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d178a2522c85f1f401ed3f3740984fed&rgn=div5&view=text&node=29:3.1.1.3.54&idno=29#se29.3.825_1308

Assaults

Brothers and Sisters: Local 60 has been and continuously are working with the Carrier on addressing the assault issue. Assaults are totally out of control and both parties agree this needs to be address. The parties agreed the need to have short-range, mid-range, and long-range solutions. Below are some of the solutions, but this will be ongoing.

Carrier will be appointing a Point Person from Management to track all information from members regarding assaults. There will also be a Point Person that will track fare disputes.

Managers will be assigned to known problem trains. This will be from data collected from NJTPD Comstat, UOR, and Point Person.

General Manager Kenny has and will be following up with members via personal phone call, to get a first hand account from the member/victim on what occurred.

May 8th, General Manager Kenny will be having a brown bag luncheon with members that were victims of assaults, along with the Union.

A possible hotline will be set up for members to call in anonymously and report issues regarding assaults and fare refusals.

The Carrier and NJTPD, along with the Union are working collectively to formulate a riding plan for officers.

Local 60 Officers have and will continue to go to court with members that were assaulted.

The Carrier has put in place a civilian member of NJTPD to facilitate, and assist members regarding court procedures when assaulted.

I received a email from General Manager Kenny today, regarding the recent apprehension of a passenger that threatened a member this past Friday. The email was generated from NJTPD and GM Kenny forwarded the message to me. Please see message below.

The male, identified as Mr. Prudencio Cruz of Fanwood NJ was charged on W2019 000463 1216 for Aggravated Assault, Terroristic Threats, Unlawful Possession of a Weapon and Possession of a Weapon for an Unlawful Purpose. He is being transported to Middlesex County Jail for incarceration.

I first would like to thank all the members who actively shared this information with us in lieu of NJTPD. This was a great use of Social Media. I also would like to thank GM Kenny for not letting this issue stay on the back burner any longer and recognizing the importance of the Conductors and Assistant Conductors of Local 60 safety. I would like to thank NJTPD Chief Trucillo and Assistant Chief Pat Clark for working in conjunction with local 60 to address assaults. Special thanks to Officer Choate of NJTPD who assisted our member that was threatened this past Friday, and keeping to his word this issue would not go on without apprehension of the suspect.

Fraternally,

Jerome C. Johnson

General Chairman/President/Alt. Delegate Smart-TD Local 60

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