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Brotherhood of Maintenance of Way

Employes Division - IBT


702 Annin Street
Philadelphia, PA 19147

Jed Dodd
Vice President at Large

UPS Overnight Mail

May 26, 2020


Norman Carlson, Chairperson
METRA Board of Directors
1351 W. Whitmore Court
Lake Forest, IL 60045-1566

Dear Chairperson Carlson:

Re: METRA Management Negligence Puts Workers


and Passengers in Danger of Covid 19 Infection

METRA management has the obligation to provide a safe workplace to its employees. As
a transit company METRA management also has the obligation to provide a safe environment to
the riding public. This includes providing a safe workplace and riding environment that are free
of infectious diseases or persons with infectious disease. METRA management's refusal to
adopt necessary practices or even to engage in a dialog with the Union regarding the
containment of Covid 19 is negligent. As a Director of the company the buck stops with you
and you are directly responsible for this situation.

Attached is a letter from the BMWED dated May 11, 2020, to METRA CEO Jim Derwinski
asking that METRA 1) start testing employees for Covid 19 and quarantine those that test
positive; 2) trace and quarantine employees exposed to employees with positive tests; 3) take
temperature tests before employees are permitted to start work; and 4) interpret the holiday
pay requirements to pay employees who are off work because of Covid 19 quarantining. It also
asked to sit down and have discussions regarding these ideas.

CEO Jim Derwinski did not answer the letter. Instead this letter was answered by
Lawyer/Director Labor Relations Stuebner on May 22, 2020, who parsed out his response, gave
short shrift denying all of our requests and ignored the important issues of life and death being
raised by the BMWED. Unfortunately METRA has hired a lawyer to represent their labor
relations department and lawyers are trained to make arguments and not resolve problems.
Our offer to meet to discuss these issues was ignored. Both letters are attached for your ready
reference.
Page 2 of 2

The most effective way to ensure that employees are not contaminating each other and
the riding public with Covid 19 infection is to test them all, take daily temperature tests and
trace those found positive too further test and quarantine them. MITRA waits for employees to
have symptons and to self report. This ignores the fact that many people infected with Covid
19 show no symptoms but are still capable of infecting those around them with the disease.
MITRA is no stranger to testing as they routinely test randomly for marijuana in their urine -
randomly, for cause and for return to work physicals employees. MITRA knows how to test
when they want to test.

These are not novel ideas and are finding their way into the general workplace to ensure
protection from Covid 19. As example, the State of Michigan is requiring employers to establish
daily temperature tests of their employees before they are permitted to reopen. Major League
baseball has tested all of their employees for Covid 19. Amazon is performing temperature
testing and has announced spending one billion dollars to test its employees for Covid 19. The
auto companies are opening and providing temperature testing and further Covid 19 testing.
Before Las Vegas is going to open up, the entire workforce will be tested for Covid 19 and daily
temperature testing will be routine.

We heard the hollow cries of MITRA management when they could not provide hand
sanitizer and face masks to BMWED employees and that same day our officers went out and
bought hand sanitizer and face masks and distributed them to BMWED members and other
MITRA employees. Unfortunately BMWED on MITRA has had one death already because of
Covid 19. Transit workers around the country are on the front lines of this crisis as essential
workers and we have had a disproportionate share of our fatalities and Covid 19 infection.

You need to take a direct role in protecting MITRA workers and MITRA passengers from
Covid 19. This is your responsibility and duty under law. BMWED is ready to meet with you
and assist MITRA to discuss and implement the policies of testing, tracing, temperature taking
and fair holiday pay. We will continue to show up for America and perform this essential
service. You need to start showing up for the workers and riding public to ensure that all steps
are taken to protect us from this terrible disease.

Yours truly,

Jed Dodd
Vice President BM WED-IBT

cc All METRA Committees


S. MOODY-GILBERT
Burlington
System D1v1s1on
402-463-0234

TONY D. CARDWELL
Unified System Division
801-839-7150

JASON E. GRAHAM
Alliance
System Federation
FROM THE OFFICES OF THE GENERAL CHAIRPERSONS 234-759-3435
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION

UPS Tracking Number - 1Z F41 587 22 1002 888 9

l\fay 11, 2020

Mr. Jim Derwinski


CEO /Executive Director
547 W. jacksion Blvd.
Chicago, IL 60661

Dear Mr. Derwinski:

Re: Covid 19 Testing Procedures

We are writing to you regarding our members and your employees who are essential
workers who put themselves at risk every day in their efforts to maintain the railroad
infrastructure. We are at risk as a result of the pandemic, Covid 19, which is highly contagious
and as of this writing has taken the lives of more than 70,000 American citizens with no end
in sight.

Despite this extreme risk to ourselves and our families we are proud to perform this vital
service to Metra and to America but as this crisis deepens, we must do more to protect
essential workers and the public.

For essential workers maintaining self-isolation is impossible. We are keeping the railroad
operational but at tremendous risk. We are calling upon you to immediately implement a
policy that contains the following:

1. Testing. All BMWED members are tested for the Covid 19 virus once a month and
if they test positive, they are quarantined under the Covid 19 Paid Leave policy
(attached).

2. Tracing. That if the member tests positive for the Covid 19 virus their activities are
traced and all members who had contact with these members be quarantined under
the Covid 19 Paid Leave policy and must test negative before they return to work.

3. Temperature Testing. That at the start of each work shift every member should
have their temperature taken and if they are running a fever that they should be sent
home under the Covid 19 Paid Leave policy and tested with a negative result before
they are permitted to report for work.
4. Holiday Pay. In general, we think that the Covid 19 Paid Leave policy is positive but
it does penalize an employee from holiday pay because the paid leave is not
considered by Metra to be bridging the holiday. While we respectfully disagree, we
would urge you to reconsider Metra's position on this matter and save us a lot of
time and trouble with the grievance arbitration procedure and the further
erosion of good will between management and the employees.

We are available to meet any time to further discuss these very important issues of life and
death for our members with you.

Yours truly,

Sincerely,

Tony Cardwell - BMWED GC Jason Graham - BMWED GC

cc: Mr. Jed Dodd - BMWED VP


547 W Jackson Blvd. Chicago, IL 60661 (312) 322-6900 TTY# 1-312-322-6774
The way to really fly

SENT VIA EMAIL

May 22, 2020

Mr. Tony Cardwell, BMWED GC


Mr. Jason Graham, BMWED GC
Ms. Staci Moody-Gilbert, BMWED GC

Re: Covid-19 Testing Procedures

Dear BMWED Representatives:

Your letter to Mr. Derwinski dated May 11, 2020 regarding "COVID 19 Testing Procedures" was
forwarded to me for further response.

You raised four requests: Monthly testing, tracing, implementation of daily temperature-taking,
and modifying the terms for holiday pay.

As a preliminary matter, the number of positive tests among BM WED members is limited to nine.
Of those, we are pleased that eight have already returned to work. We take every report of illness
seriously and take prompt measures to mitigate risk, process the ill employee's leave, and expedite
the application for paid leave, when requested. We have voluntarily paid all employees who were
in close contact with a symptomatic employee at work. In addition, the primary request for leave
is for childcare, for which employees may be paid partial wages. All of this is to say that Metra
has provided leaves of absence, paid leave under federal law, and voluntary paid leave is specified
circumstances.

Turning to your specific requests:

Monthly Testing. Although Metra does not understand the efficacy of, or reasoning behind.
testing an employee once per month, Metra does not control the administration of testing. Testing
is determined by medical professionals, applying screening protocol. At this time, there is no
widely available testing kit similar to something like a blood sugar test. If an OTC test becomes
available, Metra will consider all of the potential risks, benefits, and issues involved in
implementing required medical testing into the workplace. In your letter, you reference a COVID-
19 Paid Leave Policy. The referenced policy was not attached and Metra is unable to comment
further.

Tracing. Metra currently interviews managers, symptomatic employees, and other workers to
identify employees who may have had close contact (as defined by the CDC) with a symptomatic
employee. Metra removes close contacts from service with pay for the appropriate quarantine
period and until cleared to return to work.

Temperature Testing. Metra is not presently administering temperature taking at work. However,
Metra encourages employees to monitor their own symptoms and stay home when sick, whether
with or without a fever.
Holiday Pay. We respectfully decline your offer. Every day, we strive to keep our entire workforce
employed, without pay cuts, hour reductions, or furloughs. Providing full-time employment to all
of our employees during a time of double-digit unemployment - the highest rates our country has
seen in about I 00 years - is no small accomplishment. Although we cannot promise that this will
always be the case, we endeavor to stay the course. Adding to the challenges we face, we do not
know when and to what extent passenger service will recover in the near future, meaning that we
will need to find additional revenue or ways to implement operational cuts. We do not believe it
is fiscally responsible to modify the terms of collectively bargained wage terms and rates,
particularly at a time when all employees face the same challenges. However, and as you know,
BMWED members have equal access to emergency paid leave for COVID-19 related reasons,
paid leave benefits, enhanced and expedited RRB sickness benefits, and generous medical
insurance benefits. All or this was in place so that Metra employees so not need to go I 00% unpaid
when absent due to illness.

We trust this adequately responds to your requests. We continue to be available to fu1ihcr discuss
these matters with you.

Respectfully,

IS Thomas Stuebner

Thomas Stuebner
Director, Labor Relations

cc:

J. Derwinski
B. Marcheschi
J. Milano
C. Valkan
J. Dodd

2
Brotherhood of Maintenance of Way
Employes Division - IBT
702 Annin Street
Philadelphia, PA 19147

Jed Dodd
Vice President at Large

UPS Overnight Mail

June 11, 2020

Jim Derwinski, CEO


Metra
54 7 W. Jackson Blvd.
Chicago, IL 60661

Dear Mr. Derwinski:

Re: Metra Management Negligence Puts Workers and


Passengers in Danger of Covid 19 Infection

Metra management has a legal obligation to provide a safe workplace to its employees.
As a passenger rail company, Metra management also has the obligation to provide a safe
environment to the riding public. This includes providing a safe workplace and riding
environment that are free of infectious diseases or persons with infectious disease. Metra
management's refusal to adopt necessary practices to protect the employees and passengers
from Covid 19 is alarming. It is further compounded by Metra's refusal to engage with the
Union regarding these life and death matters. As the CEO of the company the buck stops with
you and you are directly responsible for this situation.

On May 11, 2020 we wrote to you and demanded the following reforms put into place
to protect the workers and passengers at Metra.

1. Testing. All BMWED members are tested for the Covid 19 virus once a month
and if they test positive they are quarantined under the Covid Paid Leave policy

2. Tracing. That if the member tests positive for the Covid 19 virus that their
activities are traced and all members who had contact with these members
quarantined under the Covid Paid Leave policy and must test negative before
they return to work.

3. Temperature Testing. That at the start of each work shift every member should
have their temperature taken and if they are running a fever that they should be
Page 2 of 2

sent home under the Covid Paid Leave policy and tested with a negative result
before they are permitted to report for work.

4. Holiday Pay. In general we think that the Covid Paid Leave policy is positive but
it does penalize an employee from holiday pay because the paid leave is not
considered by Metra to be bridging the holiday. While we respectfully disagree.
we would urge you to reconsider Metra's position on this matter and save us a lot
of time and trouble with the grievance arbitration procedure and the further
erosion of good will between management and the employees.

These concerns were summarily dismissed by your "Labor Relations Director" Tom
Stuebner. For your ready edification attached to this letter are copies of our May 11, 2020
letter to you and "Labor Relations Director" Tom Stuebner's May 22, 2020 response.

Metra management's relationship with its unionized workers can only be described as
Neanderthal. This is a shame because the employees and passengers are who will suffer from
these policies. There are examples of best practices where management's good relations with
their Unions produce a much better outcome for all. Enclosed is a white paper regarding Covid
19 protocols that has been hammered out by the Motion Picture industry and representatives of
Teamsters, IATSE, SAG-AFTRA, DGA. It is a comprehensive program that will significantly
reduce employee and public exposure to Covid 19.

Transit workers around the country are on the front lines of this crisis as essential
workers and we have had a disproportionate share of infections and deaths due to Covid 19.
You need to take a direct role in protecting Metra workers and Metra passengers from Covid
19. This is your responsibility and duty under law. BMWED is ready to meet with you and
assist Metra to discuss and implement the policies of testing, tracing, temperature taking and
fair holiday pay. We will continue to show up for America and perform this essential service.
You need to start showing up for the workers and riding public to ensure that all steps are
taken to protect us from this terrible disease.

Yours truly,

bc>J1
Dodd
President BMWED-IBT

cc Metra Board of Directors


All Metra Committees

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