"This unjust and mean-spirited decision," said President Fleming, "works a terrible hardship on BMWE members and appears motivated by anti-union animus in the arbitrator's assault on seniority district size and subcontracting."

The BMWE did not agree to select Fredenberger to hear the case; he was appointed over our objections by the National Mediation Board. Instead, the BMWE asked the NMB for a list of seven arbitrators from which the union and the carriers would alternatively strike names. "If we had been given such a list and Fredenberger's name had been on it, we would have struck him," said President Fleming. "We do not consider him a fair or impartial arbitrator in this area," he added.

The BMWE appealed Fredenberger's decision to the Surface Transportation Board on February 12, 1999 and asked for a stay of the award on February 22, 1999. The carriers have until March 12, 1999 to respond to the appeal and request for stay.

"Grand Lodge and the involved systems are mobilizing to ensure that all affected employees receive every penny due them under New York Dock," said Fleming.

Recently, system officers of the involved roads met with Grand Lodge staff and mapped a strategy to respond to the Award. "The mobilizations around New York Dock claims and the filing of our appeal are only the first steps in BMWE's resistance to this unjust and mean-spirited award," said Fleming.

CSXT and Norfolk Southern recently announced they would carve-up Conrail on June 1, 1999.

At press time, BNSF has threatened to file a New York Dock notice if they lose an arbitration with BMWE designed to reduce the number of BNSF seniority districts from 47 to 9. They state flatly that if BMWE does not agree to such a reduction in seniority districts, EVEN IF BMWE WINS THE ARBITRATION TAKING PLACE UNDER THE COLLECTIVE BARGAINING AGREEMENT, they will simply file a notice with the STB based on the Fredenberger Award to get a second, more sympathetic, bite at the apple before a New York Dock arbitrator. They simply believe they have the right to ignore the contracts because the STB will allow them to do whatever they want.