Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-02531-JLK

Document 57-2

Filed 09/28/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:01-cv-2531-JLK GENERAL COMMITTEE OF ADJUSTMENT GO-245 OF THE UNITED TRANSPORTATION UNION, Plaintiff, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, et al., Defendants. __________________________________________________________________________ DECLARATION OF COUNSEL

JOHN O'B. CLARKE, JR. hereby states under penalty pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct: 1. Declarant is a shareholder in the firm of Highsaw, Mahoney & Clarke, P.C., and has

been assigned to represent plaintiff General Committee of Adjustment GO-245 of the United Transportation Union in the above captioned litigation. Counsel was also assigned to represent GO245 in establishing Special Board of Adjustment No. 1155 and in the proceedings before that board. 2. Attached hereto as Counsel Ex. 1 is a true and accurate copy of the agreement

establishing the SBA, which the National Mediation Board subsequently assigned No. 1155. 3. Attached hereto as Counsel Ex. 2 is a true and accurate copy of a letter (less

attachments except for June 15, 2007 Letter) that declarant sent to the Neutral selected for SBA 1155, Ms Joan Parker, to the parties before SBA 1155, and to Pat Williams, a General Chairman for the Brotherhood of Locomotive Engineers & Trainmen on July 10, 2007. 4. Attached hereto as Counsel Ex. 3 is a true and accurate copy of emails that declarant

Case 1:01-cv-02531-JLK

Document 57-2

Filed 09/28/2007

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received from the Neutral and the representative of the BNSF Railway Company before SBA 1155 dealing with Counsel Ex. 2. 5. Attached hereto as Counsel Ex. 4 is a true and accurate copy of a letter dated

September 19, 2007, by GO-245 responding to the letter of BNSF representative Gene L. Shire, dated September 7, 2007. 6. During the hearing before SBA 1155 on July 13, 2007, BNSF representative Shire

referred to what BNSF has submitted as Exhibit B to its Opposition to plaintiff's Motion to Reopen. GO-245 General Chairman R.S. Knutson explained that the Letter Agreement to which Mr. Shire referred did not apply to the Kansas City Yards. JOHN O'B. CLARKE, JR. Declares under penalty of perjury pursuant to 28 U.S.C. § 1746 that the forgoing is true and correct. Executed this 28th day of September, 2007, in Washington, D.C.

/s/ John O'B. Clarke, Jr. John O'B. Clarke, Jr.

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