NEWS INDEX
October/November/December 2011
June/July/August 2011
April/May 2011
January/February/March 2011
November/December 2010
October 2010
Summer 2010
April 2010
March 2010
February,  2010
January 2010
December 2009
September/October/November 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007

October/November/December, 2011

 Time Books

All time books will be available at thw regular monthly meeting of UTU Local 1328.

Christmas Party

On Saturday December 17, 2011 at 7:00 pm, UTU 1328 and Wettermark Holland & Keith will be having our 9th annual Christmas Party!  The party will be held at Bearno's Pizza in Jeffersonville, IN.  There will be a complimentary pizza/pasta/salad buffet from 7:30pm - 9:00pm and complimentary domestic long necks from 7:00pm - 1:00am.  Hook, Line, & Sinker will play live music from 10pm - 2am.  You must have a drink/food bracelet to eat/drink.  These bracelets will be available at our regular December 14, 2011 meeting.  Please come get your bracelets and enjoy the party!   

Group Short Term Disability Changing

Effective January 2012 the following changes will be made to the UTU short term disability group policy: Monthly premium changed from $31.00 to $34.50 per month, the policy will no longer cover disabilities arising from substance abuse (drugs/alcohol), and the benefit period has been changed to 26 weeks for all disabilities.

UTUIA Rumors Not True

As the perfectly healthy man told the obituary editor of his local newspaper, “Reports of my demise are grossly exaggerated.”

And so it is with the UTU Insurance Association (UTUIA) and the UTU’s Discipline Income Protection Plan (DIPP).

Vicious and absolutely false rumors are circulating that the UTU and UTUIA are going out of business, and that UTUIA policy holders and DIPP participants should flee to competing organizations.

Not surprisingly, one of these false rumors originated with a competitor to DIPP.

The plain dealing truth is that neither the UTU nor the UTUIA are going out of business.

The UTUIA, which is wholly owned by its policy holders and regulated by the Ohio Department of Insurance, is doing business as usual. There is no change in the status, service, or security of the UTUIA. UTU General Secretary & Treasurer Kim Thompson reported earlier this year that the UTUIA earned more than $400,000 from operations in 2010 and remains financially strong with nearly $26 million in surplus.

Similarly, DIPP is its strongest in years. Participants in the DIPP also should keep in mind – and this has been consistently and frequently proven – that the DIPP is steadfast in looking for ways to pay claims of participants, while non-UTU plans are known to look for ways to avoid paying claims.

In addition to the UTU DIPP being the largest and most effective discipline income protection plan, it is the only program of its kind regulated by the Department of Labor – publishing financial statements, holding its funds in trust and audited annually by a public accounting firm.

The UTU, the UTUIA and the DIPP are alive and well and will continue to serve UTU members. Don’t allow mischievous and self-serving rumor mongers upset your financial security

UTU International President To Attend Local Meeting

UTU International President Malcolm Futhey is scheduled to attend the October monthly meeting of UTU Local 1328.  The meeting is scheduled for Wednesday October 12, 2011 from 2pm - 6pm.  The meeting will be held at the Holiday Inn Louisville North located at 505 Marriott Dr. Clarksville IN 47129.  The meeting will be held in the Shakespeare Room.  General Chairman Mark Cook is also scheduled to attend,  All members are strongly encouraged to attend this meeting and ask any questions that you may have. 

June/July/August, 2011
 

September Meeting Change

 

The September meeting of UTU Local 1328 will be held on Wednesday September 7, 2011 at the Hampton Inn in New Albany.  The October meeting will return to the second Wednesday and will be held at Tuckers.

National Rail Contract Ballots To Be Mailed August 12, 2011

Voting packages for the tentative national rail contract will be mailed Friday, Aug. 12, to UTU members eligible to vote.  The balloting period will extend for 21 days to 4 p.m., Eastern time, Friday, Sept. 2.  Voting will be by craft under the craft-autonomy provisions of the UTU Constitution. Crafts voting will be brakeman, conductor, engineer, fireman, yardman and yardmaster.  Members will vote based on the craft in which they worked on the day previous to ballots being mailed.

Voting packages will provide instructions on how to cast ballots by telephone.  Votes will be tabulated by BallotPoint, which will report the results to the International. Results will be posted at www.utu.org/ when received by BallotPoint, which is expected the day voting is closed.  Results will be based on valid ballots cast. 

To stay current on news relating to the tentative national rail contract, visit www.utu.org/ and click on the “National Rail Contract” link at the bottom right corner of the home page.

Railroad Retirement Informational Conference 2011

 

The U.S. Railroad Retirement Board's Office of the Labor Member invites all union officers, members, and their spouses to attend a one-day learning experience on railroad retirement issues.  It takes place on Friday, October 14, 2011 form 8:30 a.m. - 12:30 p.m.  Registration begins at 8:00 a.m.  The meeting address is Crowne Plaza 830 Philips Lane Louisville, KY 40209.  For more information please contact Gene Guihan (877) 772-5772.

 

National Agreement Vote

 

Expect to receive your ballot for the National Agreement sometime in mid-late August.

National Agreement Voting

 

If a members mailing address isn't correct at International, that member WILL NOT receive a BALLOT to VOTE on National Agreement.  It is the responsibility of the member to notify the International if there has been an address change.  If you aren't receiving your monthly UTU news letter then your address is wrong and needs to be updated.  These changes can be made through the International website of by emailing a Local officer.  This needs handled immediately!

 

New Assistant General Chairman

 

There were 78 ballots returned and 77 were eligible to be counted.  Tommy Gholson - 43 and JC Roy - 34.  Congrats to Brother Gholson on being to this position.

 

Campaign Letter Received From Brother Jay Seegmiller

 

Dear Local UTU Officer,

The UTU is a bottom up organization in which members get to vote for their local officers including a delegate who represents their local at the UTU quadrennial convention, coming up in August.  Please present the following information to your Local for their consideration and possible action.

My name is Jay Seegmiller; I am currently the UTU State Legislative Director for Utah.  I have been a proud member of the UTU since 1976.  During that time I have held the offices of Local Vice President, Local Legislative Representative, and Local Chairman.  I worked for the Union Pacific (1976-1987) as a Switchman, Brakeman, Yardmaster, and Conductor. I currently work for Amtrak (1987-present) as a Conductor, but still hold seniority on the UPRR.

In 2008 I ran for the Utah State Legislature against the sitting Speaker of the House. I won the election against tremendous odds.  It was the biggest upset in Utah politics in 40 years.

While in public office, I was able to gain an incredible amount of experience and insight into the internal workings of lawmaking.  I was also fortunate to receive a scholarship to the Western Legislative Academy, where I was given in-depth instruction in becoming an effective legislator, including instruction on how to deal with difficult interviews with the press, media strategies, ethics, public speaking, utilizing lobbyists, effective messaging, and policy making. Also included was management training given to US Air Force officers on location at the Air Force Academy.

My unique experience as a legislator, as well as experience in both freight and passenger service will benefit the UTU and our membership in our efforts in Washington, DC.

In addition to my political experience I am currently the Western Division vice chair of Amtrak’s highly effective, Operation Red Block. I have twice received the prestigious “President’s Safety & Service Award”, once for my part in developing a safety defect reporting system that provided follow-up and accountability on the Western Division Safety Committee, and again for developing a special independent fund through the sale of railroad memorabilia and souvenirs to pay for health club memberships for train and engine employees at layover points, to give them a healthy way to spend their layovers, and also to pay for upgraded safety gear such as stylish high quality safety glasses and other protective gear that employees would not only wear while on duty, but also while at home or play.   

We are all seeing the very aggressive attacks on the right to collectively bargain, FELA, Railroad Retirement, Amtrak & Organized labor in Congress and in State Legislatures.  In the last 30 years, there has not been a more crucial time for labor and the UTU in the political arena. My unique and extensive legislative experience, and ability to think outside the box, will be an asset to our membership. I am asking you and the members of your local to consider taking action in your next meeting by endorsing me (Jay Seegmiller) for Alternate National Legislative Director.

I wish I could be there in person to ask for your support, but it is physically impossible to attend the 500 plus local meetings in 49 states.  I urge anyone with questions to call me at 801-209-9558.  Additionally, I encourage you to contact your Kentucky UTU State Legislative Director, David Miracle, who also can share his experience in working with me.

 

Thank you for your time and consideration.

In Solidarity,

 

Jay Seegmiller

9152 Sterling Drive

Sandy, UT 84093

801-209-9558

Two Former Norfolk Southern Workers Sue Company

Two former workers claim in a federal lawsuit filed today that Norfolk Southern officials tried to coerce them into lying about an accident and then fired them.

William Russell, age unavailable, lives in Ohio and worked at the railroad`s Conway Yard in Beaver County. His fingertips were crushed and subsequently amputated after a Nov. 4, 2009, accident at the yard, the lawsuit says. Larry Mengel, age unavailable, of Rochester was on the crew and observed the accident, the lawsuit says.

The company fired the two when they refused to change their incident reports to match their supervisors` version of events, the lawsuit says.

A company spokesman couldn`t immediately be reached for comment.

State Of The Union By President Futhey

SAN ANTONIO — Stronger protections for members, improved finances, successful organizing drives and superior wage and benefits agreements characterize the United Transportation Union in 2011, International President Mike Futhey told some 600 attendees in his state-of-the-union report at the first of two 2011 regional meetings here June 22.  “Before this administration took office Jan. 1, 2008, people said we couldn’t organize, couldn’t negotiate with carriers and couldn’t solve the union’s financial problems,” Futhey said. “We proved them wrong on each allegation. The UTU is stronger than ever.  “As this administration completes its fourth year in office,” said Futhey, “an average of one new air, bus, rail or transit property has been organized every seven weeks, two national rail agreements have been negotiated providing a combined 40 percent wage increase, the latest tentative agreement provides the highest increase in excess of the Consumer Price Index in the UTU’s 41-year history, and UTU and UTUIA finances have been improved dramatically.  “The UTU Collective Bargaining Defense Fund helped finance a petition drive in Ohio that put on hold – pending a November voter referendum — a bill to eliminate collective bargaining rights,” Futhey said. “In Wisconsin, UTU members were among the leaders of a successful petition drive forcing supporters of an anti-union bill to face recall elections in July and August. The Ohio and Wisconsin efforts forced political extremists in Indiana to shelve legislation to eliminate collective bargaining rights.  “UTU political activism has awakened and outraged voters in numerous states where political extremists are attacking middle-class values, including efforts to curtail their ability to vote through tougher registration procedures and fewer absentee voting days,” Futhey said. “We will do all we can to protect the integrity of the voting system.”  At the UTU International, said Futhey, automated billing and auditing, coupled with targeted cost cutting, reassignment of functions and upgrading of information technology allowed International funds to increase from $7.5 million to nearly $16 million. “There is no proposal for a dues increase at the upcoming quadrennial convention,” Futhey said.  The Discipline Income Protection Program reserve fund was turned from a $2 million loss in 2007 to a positive balance of more than $5 million today, “allowing sufficient funds to provide the protection UTU members expect and deserve,” Futhey said. “The UTU Insurance Association surplus has been made stronger and now stands at near $26 million.  “Our computer-based UTU University – a classroom without walls – is training officers to better serve their members at the negotiating table and in grievance handling,” Futhey said. “The awards data search engine has been improved, regional meeting workshops have been expanded to meet member requests, iLink provides better access to controlling awards and offers secure chat rooms for various levels of elected officers to exchange information and ideas.”

Among other achievements cited by Futhey:

• The redesigned UTU website includes a Membership Toolbox with answers to member concerns and questions; and allows a feedback to UTU officers. “Member questions and concerns will be answered,” Futhey said.
• A federally funded agreement was reached with Amtrak for the UTU to train employees to deal with unruly passengers; and another is being finalized with Terminal Railroad Association of St. Louis to train workers to recognize, respond to and report terrorist threats. Discussions are underway to expand these training programs to other carriers.
• Legislative activities succeeded in gaining conductor certification, minimum training standards, a requirement that an injured employee’s doctor — not the carrier — determine when to return to work, a prohibition against denying injured workers medical care or disciplining them for reporting injuries, and installation of positive train control.
• The UTU is working with friends in Congress to amend the Rail Safety Improvement Act to require a 10-hour call for all unassigned road service; allow regular yard jobs only eight hours off-duty between shifts; require yardmaster assignments be covered by hours-of-service provisions; require advance notice of interim release periods; and a limitation on limbo time to a maximum of two hours for each tour of duty.
• On behalf of our bus and transit members, the UTU is working to gain limitations on revocation of a commercial driver’s license for traffic violations when operating a personal automobile, a better appeals process for drivers taken out of service, limitations on civil actions against drivers, mandatory training for drivers, federal grants to assist with training of bus officers in negotiating skills, and greater flexibility to use transit capital grants for operating costs to preserve service and jobs.
• On behalf of airline members the UTU is working to preserve Essential Air Services grants and improve safety provisions for pilots and flight attendants.
• The UTU is working within the AFL-CIO to prevent privatization of Railroad Retirement, Social Security and Medicare. “Political extremists will not mess with your retirement,” Futhey said.

“This administration has delivered on its promises,” Futhey said. “Our record speaks for itself. We will never back up. We will never back down. We will always move forward.”
 

General Chairman Election Protested

 A copy of a letter from former General Chairman Emert to International President Futhey:

June 30^th, 2011

 M. B, Futhey, President

United Transportation Union

24950 Country Club Blvd., Ste. 340

North Olmsted, Ohio 44070

Ref: General Chairperson Election for General Committee 898 that was run by your office at the request of the undersigned.

Dear Brother Futhey:

This is to advise you that I am protesting the election for the Office of General Chairman GO-898. When I requested the International to run this election it was with the understanding that it would be run per U. S. Department of Labor Standards.

It has come to the attention of the undersigned that ballots of the above mentioned office were returned directly to General Sec. & Treas. Kim N. Thompson not a "special restricted access post office box" as described for in the attached circular from the U.S. Department of Labor concerning electing union officers by mail.

I have attached a copy of Mr. Jimmy Strickland’s report of his observations on April 15, 2011 prior to and during the opening and counting of the ballots.

Please advise in writing immediately as to when this election is to be Re-Run.

Regards;

P.E. Emert

cc: UTU Board of Directors

     All Local Chairman

     U.S. Department of Labor- Cleveland Ohio Office

Subject: Election Report

Date: 6/16/11 8:41:20 AM

Election Report

I arrived at UTU International's Office on 04/15/2011 @ 12:15PM.  I informed the receptionist that I was James M. Strickland and was there to observe the counting of the ballots for the General Chairman Election for GO 898 on behalf of Paul Emert.  I remained in the front lobby until approximately 1:00 PM and Mr. Bruce Feltmyer came forward and escorted myself to a conference room.  In the conference room was Nancy Miller, John Horvath, R. Clements and a man I did not know.  We proceeded down the hall to the Legal Department and requested the ballots from a Mrs. Feltmyer.  She retrieved the ballots from a locked drawer in her desk.  We proceeded back to the conference room.  Upon opening the card board box, 78 envelopes were removed from inside.  Of the 78 envelopes 76 were ballots for the election and one was a nomination letter, while the other was for another election from a date in 2010.

75 of the envelopes were from voters on the official list, while one from Kevin Blanton had been opened in the mail room and was set aside as a spoiled ballot and was not counted. All ballots were originally sorted at the UTU mail room in the general delivery of mail addressed to GS&T K. Thompson and brought to Mrs. Feltmyer to be placed in the box located at her desk. A previous challenge to the eligibility of R. D. Roberts and W. C. Deer was discussed and a ruling was announced on behalf of President Futhey that since there status to hold office was not challenged in November when they were elected that it was a moot point.  The envelopes were opened and the A envelope set aside. The A envelopes were then opened and a count was made. The result of the count was 49 ballots were cast for M. H. Cook and 26 for P. E. Emert.  Cook was declared as the duly elected Chairman of GO 898.  An announcement was made that 82 ballots had been mailed out each with a control number ranging from 001 thru 082.  These numbers were checked off as each ballot was counted.  5 members were found not to have returned a ballot to be counted in the election and are as follows: Phil Girard, Mychael White, Robert Williamson, Grady Moore and Richie Bresch.  This completes this report.

 Sincerely:

Jimmy Strickland

Phil Girard, Mychael White, Robert Williamson, Grady Moore informed Paul Emert that they in fact voted and mailed the ballots back to the International.

Central Division Conference Call About Hourly Rate

 

A conference call involving General Chairman Cook and the Central Division UTU Local Chairman took place recently.  Brother Cook polled the Local Chairman as to interest in the Carriers "Hourly Rate" proposal.  There are 12 LC's on the division and the vote was 0 for and 7 against.  It will not be pursued at this time.

 

Article From TCU Web Page - National Agreement

 

June 15, 2011 TCU and its coalition partners reject the terms of the tentative UTU agreement with the national freight carriers as a basis for voluntarily settling the national contract. The other coalition involved in national negotiations has also rejected the UTU agreement as a pattern for settlement. That means that every union in national bargaining has now rejected the UTU tentative agreement as a basis for settlement. We believe that 17% in wage increases over six years is not a fair settlement in light of the carriers' record profitability, nor do we accept the need for the radical restructuring of our health plan. The agreement does contain significant additional economic gains for UTU members -- certification pay, bonuses and enhancements for rate progression employees -- which apparently were used to entice the UTU to agree to almost the exact same plan design concessions that our coalition rejected back in April. Even if the carriers offered the full value of cert pay and the rate progression bonuses and shortening, it would still not be enough to make this an acceptable agreement. For 18 months our coalition's position has never wavered, and it will not now. The carriers are racking up record profits, at a pace double than what they did during our last bargaining round. There is no reason for a single concession in this environment, let alone major cost shifting to employees in health care. Nor can we or will we accept a wage settlement inferior to what we achieved last round. The health care changes in the UTU agreement are unacceptable on two counts. First, the magnitude of the savings to the Plan is tremendous, over $4,600 per employee over five years. Of that, over $3,700 is in the form of direct cost shifting to the employee. The rest comes from changes, in many cases onerous, to the way employees will get treatments and drugs. It is outrageous that Medco will now have veto power over major drugs that doctors prescribe. Secondly, I disagree with the whole idea of pushing insurance costs onto those who most need it by upping user costs. That's what insurance is for - to protect you when you're sick and most need it. Under the UTU agreement's unprecedented introduction of deductibles and coinsurance to managed care, the sickest employees will be hit with huge bills. That's not my idea of a fair insurance plan. We don't see the need for any negative changes to our health care plan given the carriers' unprecedented prosperity. Every quarter they report new records in profits and earnings. All of that has been achieved under our current plan. Why would we agree to give them more than a half billion in concessionary savings in that environment? How much is enough? I have long done everything in my power to enhance the carriers' economic returns provided it did not come at the expense of employees. I have stood with them against reregulation, environmentalists' assaults on coal, and any number of efforts that would adversely impact their economic health. And I will continue to do so. I continue to believe that it is in our best interest to have the healthiest, most profitable employers in the country. And we do. Now it's time for them to share their prosperity with the employees who contribute so much. It is not a time to give back anything. I am proud to be bargaining in a coalition with the American Train Dispatchers Association (ATDA), the International Association of Machinists (IAM), the International Brotherhood of Electrical Workers (IBEW) and the Transport Workers Union (TWU). Each of these strong unions has unequivocally rejected the UTU agreement as a pattern for our settlements. Our coalition demanded to be released from mediation last December and again in February. The NMB rejected our request the first time, and has not responded to our February request. Now, in the face of the UTU agreement, the other coalition of unions has also requested the NMB to release them from mediation. That coalition is comprised of the Brotherhood of Locomotive Engineers and Trainmen/IBT, the Brotherhood of Maintenance of Way Employes/IBT, the Brotherhood of Railroad Signalmen, the International Brotherhood of Boilermakers, the National Conference of Firemen & Oilers/SEIU, and the Sheet Metal Workers International Association. Our coalition met with the other coalition last week. We agreed that we could work together before a single Presidential Emergency Board. Not a single union in national bargaining outside the UTU believes that the health care changes in the UTU agreement are in any way acceptable, or that the wage increases are sufficient. We plan to renew our demand for release at NMB-called negotiations scheduled for June 28 and 29. The NMB insists that we meet again with the carriers even though we have continuously stated that we will not make a single concession in our health care plan. The NMB should release us as soon as possible. We are fully prepared to make a strong case to a Presidential Emergency Board. We are clearly at impasse. The NMB must not delay releasing us because of the UTU's lengthy ratification process. We will be at impasse whether the UTU agreement ratifies or not. We will never voluntarily agree to these terms. The carriers have already stated that the UTU agreement, less the additional compensation to UTU employees, is a pattern for all other Unions to accept. That will not fly. That package is DOA. We cannot and will not be held hostage to an agreement we had no say over. An agreement that falls far short of a fair and just settlement. An agreement that we believe was achieved through cynical and devious horse trading where one union was offered gains in return for agreeing to changes in health insurance that the carriers assume will be shoved down the throat of every other union, even though they knew that all the other unions opposed these changes. An agreement that would drastically diminish the health benefits of over 400,000 rail workers and their dependents, and subject an additional 31,000 retirees and dependents to restrictive drug constraints. Brothers and Sisters, we did not come this far to simply roll over because someone made an agreement. We will fight with every ounce of power our Union has. We will fight for as long as it takes and we will do whatever it takes. Brothers and Sisters, we will prevail.

Hourly Agreement Proposal

 

Click here view the Carriers "hourly agreement" proposal. 
 

Mark Cook Elected General Chairman

 

Mark Cook has been elected to the office of General Chairman of GCA 898.  The office was previously held by Paul Emert.  Ballots are being counted for the vacant Assistant General Chairman (formerly held by Brother Cook) this week. 

 

Tentative National Working Agreement 

 

Click here to view the "Proposed National Agreement Synopsis".  This will be going to a vote very soon.  Please take the time to review it so an educated vote can be made.

 

Injury Harassment

 

Please contact your Local Chairman if you have ever been harassed or intimidated over a personal injury (yours or a co-workers).  The International is working in conjunction with the FRA to study and act on carrier harassment.  International Vice President John Previsich has been assigned.

 

Cab Cameras Do Not Violate Privacy

 

LOS ANGELES -- A lawsuit brought by the Brotherhood of Locomotive Engineers and Trainmen against Los Angeles Metrolink to eliminate inward-facing video cameras in the cab has been dismissed by a judge here.  Superior Court Judge Luis Lavin said the inward-facing cameras, which monitor crew activities in the cab, do not violate privacy rights, reports the Associated Press.  Metrolink ordered that inward-facing cameras be installed in commuter-train cabs following a September 2008 catastrophic accident in Chatsworth, Calif., in which a Metrolink train ran a red signal and collided with a freight train, killing 25 and injuring more than 100 on the Metrolink train. The Metrolink engineer, who died in the crash, was found to have been texting repeatedly. Following that accident, the Federal Railroad Administration banned the use by train crews, nationwide, of most electronic devices.

11th Quadrennial Convention

 Please be advised that the UTU's 11th Quadrennial Convention will commence on August 8, 2011.  Pursuant to federal law, any bona fide candidate for International office has the opportunity to inspect a list of delegates to the Convention.  Any candidate wishing to obtain the list should make that request, in writing, to:  GS&T - UTU, 24950 Country Club Blvd, Suite 340, North Olmsted, OH 44070 gst@utu.org.  UTU Local 1328's Delegate is Phil Culver and the Alternate Delegate is Jim Covert.

 

April/May, 2011

Two Railroaders Killed   DES MOINES, Iowa (AP) - Two freight trains have collided near Red Oak, killing two crew members and shutting down the tracks. A spokesman for Burlington Northern Santa Fe Railway says a coal train rear-ended a train carrying maintenance equipment about 7 a.m. Sunday in rural McPherson. Spokesman Gus Melonas says the conductor and engineer on the coal train were killed. They were the only crew members on the train. The two crew members on the other train were not injured. Melonas says initial reports indicate 10 cars on the maintenance train derailed as well as one locomotive on the coal train. He says the tracks used by about 40 freight trains a day have been shut down and trains are being rerouted. An investigation is ongoing. Headline:  Cook Wins General Chairman   Story:  Mark Cook defeated Paul Emert in their bid for General Chairman of GCA 898.  Brother Cook assumes office immediately.  The International is currently taking nominations for the position of Assistant General Chairman 898. Electronic Device Now Law SAFETY TASK FORCE ALERT: ELECTRONIC DEVICE BAN The Federal Railroad Administration's permanent ban on use of electronic devices, including cellphones, became effective March 28.  Please make careful note of the following: * In the event of a collision, derailment or fatality, one of the first actions taken by National Transportation Safety Board investigators is pull the phone records of all crew members involved. * NTSB investigators ALSO pull the phone records of crew members on other trains in the area of the event, including the last train at that location, or any other person they think may even remotely shed light on the event being investigated. * You don't have to be directly involved to have your phone records examined by NTSB investigators. The NTSB has authority under the law to demand these records from cellphone providers. These actions are taken because the NTSB considers distractions to be major contributors to collisions, derailments and fatalities, and the use of electronic devices, including cellphones, are considered a distraction. Moreover, a carrier's rule relating to the FRA ban on the use of electronic devices, including cellphones, may be more restrictive than the FRA regulations.  It is thus essential you also be aware of your carrier's rules as they relate to the electronic device and cellphone ban. While the FRA does not permit carrier bans to be less restrictive than the FRA final rule on the ban, the FRA does permit carriers to have a more restrictive rule. The UTU Transportation Safety Task Force cautions that the safest course of action for our members working in train service is to turn off your cellphone at the beginning of a shift and keep it off. Many of our members are taking a leadership role in reminding fellow crew members to turn off cellphones and other electronic devices. We understand many conductors and engineers are starting their shift by showing other crew members that they have turned off their phone. This is an outstanding way to promote safety through leadership, and we encourage each UTU member to be a leader in this effort. In solidarity, UTU Rail Safety Task Force Greg Hynes, UTU Arizona state legislative director Steve Evans, UTU Arkansas state legislative director Jerry Gibson, UTU Michigan state legislative director www.utu.org/worksite/rail_safety_taskforce/safety_taskforce_home.htm Highlights of the permanent ban on electronic devices and cellphones: * The ban prohibits the use of an electronic device -- whether personal or railroad supplied -- if it interferes with that employee's or another employee's performance of safety-related duties. This means while the train is moving, a member of the crew is on the ground or riding rolling equipment during switching, or any railroad employee is assisting in the preparation of the train for movement. * While railroad-supplied electronic devices may not be used by the engineer while the train is moving, they may be used by the conductor for authorized business purposes in the cab if use does not interfere with performance of safety-related duties, a safety briefing is conducted that includes all crew members, and all crew members agree that it is safe to use the railroad-supplied electronic device. * There is no exception for personal or medical emergencies, such as to check on an ill or injured family member. * The ban includes use of personal global positioning service (GPS) devices. * The use of calculators is permitted for determining formulas such as train stopping calculations or tons per operative brake. * Stand-alone cameras (not part of a cellphone or other electronic device) are permitted to document a safety hazard or a violation of a rail safety law, regulation order, or standard. The camera must be turned off immediately after use. Stand-alone cameras may not be used by the engineer for the above purposes when the train is in motion. * Crew members may use railroad-supplied multi-functional devices that include a camera for authorized business purposes as specified by the railroad in writing, and only after being approved by the FRA. An engineer is banned from using such a device when the train is in motion. The railroad-supplied device must be turned off immediately after use. * Deadheading crews may use personal electronic devices when not in the cab of the controlling locomotive and such use does not compromise the safety of any operating employee or the safety duties of another operating employee. But when in the cab of the controlling locomotive, deadheading employees are prohibited from using any electronic devices; and they must be turned off and the earpiece must be removed. * Personal medical devices such as hearing aids and blood sugar monitors may be used, but must be consistent with the railroad's standards for medical fitness for duty. * A passenger train conductor or assistant conductor may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. Use of the device shall not interfere with the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad's operating rules and special instructions. * A passenger-train conductor or assistant conductor located inside the cab may use a GPS application or a railroad-supplied camera if the crew has held a safety briefing and all crewmembers have unanimously agreed that it is safe to use the device. * A passenger-train crewmember outside the cab of a locomotive may use a railroad-supplied camera to photograph a safety hazard if it is for an authorized business purpose and does not interfere with safety-related duties. * Railroads have the right to implement their own more stringent rules on the use of electronic devices; but railroads may not liberalize any provisions of the FRA permanent ban. * The ban does not subject engineers or conductors (when conductor certification is implemented) to revocation of their certification for a violation of the ban. * The FRA has authority under the law to subpoena cellphone records from a cellphone provider. To read the FRA's final 40-page rule imposing the permanent ban on electronic devices, including cellphones, click on the following link: http://edocket.access.gpo.gov:80/2010/2010-23916.htm UTU Collective Bargaining Defense Fund Any member wishing to donate to the "UTU Collective Bargaining Defense Fund" can contact the UTU International to do so.  The International will discuss the fund, how it is maintained, the by-laws, and any other questions the membership may have in regard to the fund. UTU Local 1328 Getting Bigger Effective May 1, 2011, UTU 1328 will represent all current and new members of the former (as of May 1) UTU 383.  If you are a current member of UTU Local 383 your membership will be automatically transferred on May 1.  If you are a former member of UTU 383 and wish to join UTU Local 1328, an application must be completed and given to an officer of UTU 1328.

January/February/March 2011

Welcoming New Members!   The membership of UTU Local 1328 would like to welcome our newest members:    Ryan Brown, Chris Evans, Brandon Rogers, Robert Dehart, Michael Edwards, and Travis Higdon.  Welcome to our Local!   Group Short Term Disability Items   All new UTU members must OPT OUT or they will automatically be enrolled in the group STD policy ($31.00 per month).  New members will receive an Anthem or Lincoln package in their new member kits.  This includes the opt out card.  A member can also print the opt out card on the UTU International website.  If a member has opted out and they want back in the program, they must go directly to Anthem or Lincoln.  DO NOT contact your Local Chairman or S&T!  They can not help you.  This responsibility is the members.  If you are off work for an injury or major illness, your premiums will be suspended.   Mark Cook Running For General Chairman     Please click on the following link for information on Mark Cook's candidacy for the office of General Chairman  UTU GCA 898.  Pauk Emert is the current General Chairman and has announced that he is running again.  We have 3 votes in this election:  Barron Armstrong, John Allen, and Chris Woods.  http://www.facebook.com/pages/Mark-Cook-Election-2011/150415341684276?_rdr CSX Worker Awarded 700,000   BURLINGTON - A Boone County jury has awarded a former CSX Transportation worker more than $700,000 for an on-the-job injury. The jury deliberated for three hours Wednesday before unanimously finding the railroad negligent. The jurors also voted 10 to 2 that the plaintiff, Robert Stephens, had not been careless or negligent. He was a switchman in the Queensgate Yard and had worked for the railroad since 1974. "I've always felt good things happen to good people," said Stephens' attorney, James Wettermark of Birmingham, Ala. "In this case, I was blessed with a very good hard-working client. I think he was deserving of the verdict." The railroad's attorney, Jim Brockman, couldn't be reached Friday for comment. In March 2006, Stephens was riding on the side ladder of a railroad car when his feet slipped on the bottom rung of the ladder, according to court records. Initially, he was able to hold on with his arms, but was unable to get his feet back on the ladder. After hanging from the moving car for several hundred feet, his shoulders gave out, and he fell from the car. Stephens, 61, suffered torn rotator cuffs in both shoulders. He had three surgeries, but can't go back to work on the railroad, according to court records. "He is no longer able to work on the railroad," said Wettermark said. "All his life, all he has ever done, is labor. He worked in a body shop before coming to the railroad." There was evidence presented at trial that railroad cars were spilling their contents into the yard. One particular type of content spilled quite frequently was mineral clay that is extremely slippery when wet, Wettermark said. "There had been many complaints about it by workers in the yard," he said. "We claim the situation was never corrected." Stephens accidentally stepped in some of this wet mineral clay, according to court records. He tried to get it all off his boots, but a small amount was still in the crack between the sole of his shoe and heel. The case was brought in Boone Circuit Court under a federal law known as the Federal Employers Liability Act. It imposes an obligation on railroad to provide employees a safe place to work. "We contended he didn't have a safe place to work," said Wettermark. NS Conductor Killed During Switching Move - FRA Preliminary Report   A 43 year old NS conductor with 5 years of experience died when he was crushed between the car he was riding and another car left out to foul at approximately 1:30 p.m. (local time) in Kankakee, Illinois, on Tuesday, February 8, 2011. Accident: A conventional switching crew consisting of a conductor, engineer and a conductor-in-training had gone on duty at 6:00 a.m. to work yard assignment B12. The conductor had five (5) years of experience most of it at this NS Yard in Kankakee, Illinois. Kankakee is located on the Dearborn subdivision at MP KS103 and approximately 59 miles south of Chicago, IL. The yard is a small flat switch yard with approximately 20 tracks which lies geographically east to west with tracks numbered from north to south. B12 was flat switching cars East down a lead track and had been using various tracks during this particular classification process. The tracks are numbered in ascending order when going east to west thus, track 6, track 10, track 18, etc. Sometime shortly after 1:00 p.m., the crew of another yard job (B27) called the B12 conductor and asked if they could proceed west and go into track 10 to couple onto cars located there. The B12 conductor told the B27 crew that he thought the cars in track 18 might be out to foul. Subsequently, B27 proceeded west on the lead, passed track 18 and, after stopping just west of the track 10 switch, lined it for 10, backed into the clear, and relined the track 10 switch for the lead. Meanwhile, the B12 job had entered into track 6 to couple onto other cars. (In an interview following this incident, the B27 crew reported that there was about 18 to 24 inches of clearance as they passed the car on track 18 while moving west toward track 10). After confirming that the B27 job was in the clear on track 10, the B12 crew pulled out of track 6, cleared the switch, re-lined the switch for the lead and, after the conductor and conductor-in-training boarded opposite sides of the leading end of the intended shove move (a gondola car) the conductor gave the engineer radio instructions to shove east on the lead. As the move approached and began to pass the westerly car on track 18, the conductor-in-training felt the car strike the car on track 18 and, not hearing his conductor, told the engineer to stop the move. He got off the car, walked around to the opposite side of the car and found the conductor on the ground between track 18 and the switching lead. Emergency responders were called and the conductor was pronounced dead at the scene. A Message From FELA Attorney James Wettermark Railroad friends and clients,    Over the past 5 years, I have noticed an alarming trend among injured railroad workers.  On an increasingly frequent basis, injured  workers are making serious and damaging mistakes handling their on the job injury claims.  These mistakes are most frequent among new hires. Put simply, most of the mistakes are made because the employee simply doesn't know better.  A lack of information is a dangerous thing.       As UTU Legal Counsel, I have tried to remedy this problem by speaking at union meetings and sponsoring seminars. Unfortunately, with union meeting attendance at an all time low, it has been difficult to reach most railroad workers.  And while our seminars have been well attended, the railroad's new "attendance" policies make it harder and harder for railroad employees to find time to attend such functions.         This newsletter, I hope, can be part of the solution.  Over the next few months I will to send out newsletters highlighting the right and wrong things to do if you are injured on the job. I hope that future mistakes by injured workers can be prevented.         Please feel free to forward this e-mail to your friends and fellow union members.  Working together, we can make a difference.   Sincerely, James Wettermark  Top 5 Mistakes Injured Workers Make        The following are the top 5 mistakes injured railroad workers make in dealing with on the job injuries.  Making any of these mistakes can cost the injured worker significant amounts of money.   MISTAKE # 1:  Not Reporting the Injury Immediately.         Incredibly, this is one of the most common mistakes.  And it can be the most expensive.  Typically, a worker will experience a pain while performing their job, and tell themselves - "It will be alright".  A classic example is when a conductor throws a poorly maintained switch and feels pain in the back.  He doesn't want to deal with officials.  It might just be a simple pulled muscle.  So he doesn't report it.  Then, when he wakes up the next morning and can't get out of bed, he has to report it.  And all hell breaks loose.  He most certainly will be fired or disciplined for failing to report the injury.  The railroad will claim it never happened. What should have been a simple and straightforward claim is now in jeopardy.          If you don't want to put you and your family at serious financial risk, always report an injury.   MISTAKE #2:  Don't Worry about Fault          Under the FELA, the injured employee must prove that the railroad was negligent (at fault) in order to recover for his injury. Yet, many railroad employees, usually because they don't know any better, will ignore this responsibility by saying "Well, it happened on the job".  Put bluntly, that ain't good enough.  As soon as an accident happens, the injured employee should immediately think about what just happened and figure out why it was the railroad's fault.  This is something we all instinctively do in a car accident.  We are quick to blame the other driver, because we know it is important to prove it was his fault.  The same rule applies to railroad injuries.  Was the switch hard to throw?  Was the walkway in bad shape?  Were you being rushed? Did you have enough help?  Did your crew member screw up?  By the time the first official arrives at the scene, the injured person should have a pretty good idea in his head of why the railroad is at fault.  And remember this.  The railroad is going to try to blame you.  Keep them on the defensive.  From the outset, point the finger of blame at the railroad.  It will not only help your injury case, but it will probably deter the railroad from convening an "investigation" to charge you with responsibility.   MISTAKE #3:  Give a Statement to the Claim Agent         Shortly after an employee is injured, the local claim agent is sure to come calling.  He wants a recorded statement. And he is going to use it against you.  The old maxim that "anything you say can and will be used against you" is true of statements given to claim agents.           Many injured employees will try to justify speaking with the claim agent by saying " I just told him the truth".  With all due respect, this is childishly naive.  The claim agents are trained to ask questions in ways that will make it likely that the injured employee will make a mistake.  For example, when confronted with a question like "Are you saying the railroad was negligent?", many injured workers will reflexly say "Well no".  And money flies out the window.  Most workers are reluctant to put the blame on a fellow crewmember.  They understandably don't want to cause their co- worker trouble.  The claim agents will feed on this sentiment by asking "Are you blaming your engineer?' or "Did your engineer break any rules?".  If you say "no", and it really was his fault, you have done serious if not fatal damage to your case.  The claim agent will almost always ask open ended questions like "Tell me everything that you think the railroad did wrong?".  If the injured worker  hasn't thought this out and planned for it in advance, he is likely to say "No, I can't think of anything".  And more money flies out the window.        A statement to the claim agent can NEVER help your case.  The Rules of Evidence allow the railroad to use your statement against you, but those same rules say you can't introduce your statement to support your case.         If you were to take a poll of FELA lawyers, they would tell you that more money is thrown away by giving statements to claim agents than any other mistake an injured employee makes.  Don't do it!   MISTAKE #4:  Use the Railroad's Doctors          Often, the railroad will try to steer injured employees to "their" doctors.  Usually, when an injured employee is transported for medical care by a company offical, they will be taken to "industrial medicine" or "occupational medicine" facilities that specialize in on the job injuries.  These doctors, more often than not, are not the friend of the injured man.  Most railroads have nurse consultants who will recommend specialists.  I can assure you that these specialists are loyal to the company, not the employee.  When the time comes, they will testify against you.         Always choose you own doctor.  Pick one who cares about you, not the railroad.  Most FELA lawyers can advise you who the "good" doctors are in any city.  Your medical care will be better. And when it comes time to testify, they will be on your side, not the railroad's.   MISTAKE #5:  Be your Own Lawyer        As a lawyer, I am obvously biased on this issue.  But that bias has a rock solid foundation in fact.  Injured workers who hire lawyers get more money.  It's that simple.  A study several years ago suggested that injured workers who were represented by lawyers got 84% of the total claims dollars, while employees who handled their own claims only got 14%.  But in addition to maximizing an injured man's recovery, lawyers do other very important things.  They keep the injured employee from screwing up his case.  Or throwing away valuable benefits.  Or signing away valuable future rights.  Or getting fired. Or missing important benefits.       An experienced FELA lawyer acts as a buffer between his client and the railroad.  He protects his client against the tactics railroads use against injured employees.  When the railroad shuts off the employee's health insurance prematurely, the lawyer can get it reactivated.  When the medical department is dragging its feet getting an employee back to work, the lawyer can apply pressure.  Claim agents aren't allowed to talk with an injured employee represented by counsel.  So they have to use their bag of tricks on the poor guy who isn't represented.          The bottom line is that good lawyers can put a lot more money in their clients pockets, even after attorney fees, than the client could ever hope to do on his own.   Whistleblower Protection        An often overlooked remedy for railroad workers are the whistleblower protections of the Federal Railraod Safety Act(FRSA) 49 U.S.C. 20109.   Under the FRSA, OSHA is empowered to protect railroad employees against railroad retaliation for reporting safety or security issues, reporting work related injuries or illnesses, reporting hazardous conditions, refusing to work under certain unsafe conditions, requesting first aid treatment, or following a doctor's treatment plan.       The law protects an employee who is fired, disciplined, harrassed, intimidated, reassignment, or suffers other adverse job actions.  It allows an employee who has suffered these things to file a Complaint with OSHA and receive full back pay, reinstatement if fired, attorneys fees and expenses, and up to $250,000 in punitive damages.         Our firm is currently handling several of these cases.  We are hopeful they will result in substantial recoveries for our clients.  An excellent source of information concerning whistleblower claims can be found at the following website: http://www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf    Of course, please feel free to call us at any time if you have any questions. New UTUIA Field Supervisor Please visit our "Insurance" page to receive information on our new Field Supervisor Chris Fly.  Brother Fly plans on being at our February meeting.

 

Gary Cunningham Retires

The membership of UTU Local 1328 would like to congratulate long time member Gary Cunningham on his recent retirement.

Trainmasters Watching Union Meetings

 

It has been confirmed that Carrier Officers attend our union functions and sit in the parking lot.  Watch what you do/say, etc.  This behavior is uncalled for and goes against any sort of "labor relations" our Local has with the Carrier.  But would you expect anything else? 

 

Marking Off

 

If a member receives verbal permission for a future lay off please get written confirmation via email, memo, etc.  This will eliminate the possibility of confusion or a carrier officer telling a lie at a formal investigation.  Get proof!

Contract Update

 

To stay informed go to WWW.UTU.ORG

MID-JANUARY NATIONAL NEGOTIATIONS UPDATE

Following an eighth negotiating session in mid-January with the National Carriers' Conference Committee (NCCC), UTU International President Mike Futhey said, "We continue to make progress through interest-based bargaining toward developing a common framework recognizing the needs of both sides, and we are prepared to reach a voluntary agreement with the carriers."  The NCCC represents BNSF, CSX, Kansas City Southern, Norfolk Southern, Union Pacific and many smaller railroads. Some 40,000 UTU members employed by those railroads are covered by the national agreement. The national agreement came open for amendment Jan. 1, 2010, and remains in force until amendments are concluded under provisions of the Railway Labor Act.  Three additional dates for national negotiations have been scheduled between the UTU and the NCCC in February, March and April.  Interest-based bargaining involves joint problem solving whereby both sides seek to understand the needs of the other. It differs from demand-based bargaining, where each side’s list is endless.  "Our negotiating team has been armed with a solid understanding of carrier economics and fact-based arguments justifying our Section 6 notice that was prepared by our general chairpersons," Futhey said.  In addition to UTU lead negotiator President Futhey, UTU officers on the negotiating team include Assistant President Arty Martin; UTU International Vice Presidents Robert Kerley and Delbert Strunk; and General Chairpersons John Lesniewski (GO 049), Pate King (GO 680) and Doyle Turner (GO 347).  Negotiations also continue between the NCCC and two other rail-labor coalitions.

One, which includes the Transportation Communications Union, the American Train Dispatchers Association, the International Association of Machinists, the International Brotherhood of Electrical Workers, and the Transport Workers Union, previously applied for services of the National Mediation Board (NMB), and a mediator was assigned.  A second coalition, which includes the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Maintenance of Way Employes, the Brotherhood of Railroad Signalmen, the Brotherhood of Boilermakers and Blacksmiths, the National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association, requested the mediation services of the NMB on Jan. 11.  That leaves only the UTU in voluntary negotiations with the NCCC.

Injury Form 22

 

A copy of the NS form 22 injury report is available on our forms/applications page for review.  Please familiarize yourself with it in case you are ever injured.  In the case of an injury, it is very important that the form is filled out correctly.  If you are injured and the railroad is at fault, be sure to describe it on the form 22.

Current NS Attendance Policy

 

All operating employees are full-time employees.  As such, employees will 
be required to perform or be available for service to fully meet the needs
of the Company.  Therefore, employees will be required to maintain an       
acceptable work record.  Contingent upon the needs of service, reasonable   
mark-offs privileges will be permitted.                                     
                                                                             
 I. Employees who fail to work full-time may be identified by one or more    
 of the following criteria:                                                  
                                                                             
 . Frequent, or pattern of, weekend layoffs;                                 
 . Frequent, or pattern of, holiday layoffs;                                 
 . Frequent personal layoffs;                                                
 . Frequent layoffs due to an employee's illness or that of a family member  
 without FMLA certification or current medical documentation;                
 . Frequent, or pattern of, unavailability due to manipulation of bid and    
 bump rules;                                                                 
 . Periods of unavailability, other than those listed above, due to failure  
 to mark up following a missed call or not reporting for duty.               
                                                                             
 II. Progressive five step policy for attendance                             
                                                                             
 A. If the identified employee's attendance record warrants, and an employee 
 has no prior handlings for attendance, a counseling session will be held to 
 review his/her attendance record.? Following the counseling session, a letter
 confirming the counseling session will be sent to the employee.             
                                                                             
 B. If an identified employee has been previously counseled for poor attendance 
 he/she will be charged to investigation for progressive discipline as noted 
 Steps 2-5 below.? Discipline will be issued if the results of the investigation 
 warrant.  An employee may waive his/her right to a formal investigation for 
 Steps 2-4.                                                                  
 C. Progressive handling under this policy is independent of and separate fr
 the START policy and will continue to follow the five steps listed below:  
                                                                            
 Step 1 - Counseling Session confirmed by Letter of Caution                 
 Step 2 - Letter of Reprimand                                               
 Step 3 - 15 Day Deferred Suspension                                        
 Step 4 - 30 Day Deferred Suspension                                        
 Step 5 - Dismissal                                                         
                                                                            
 D. A disciplinary step (Step 2, 3, or 4) may be repeated for employees who 
 in active service and maintain a discipline record free of attendance handling
 for 24?consecutive months following their last attendance related handling. 

 

Critical Injury

 

UTU CONDUCTOR DOUBLE-AMPUTEE IN NS MISHAP
Norfolk Southern conductor and UTU Local 768 member Larry McVay, age 43, lost an arm and a leg in a switching accident near Lafayette, Ind., the morning of Jan. 3, and is recovering in an Indianapolis hospital.  The National Transportation Safety Board is investigating the accident.  A UTU member since Dec. 1, 2007, McVay is a resident of Dalton City, Ill. He and his wife, Lisa, lost a daughter in an automobile accident in 2008.  A Larry McVay benefit fund has been established at Land of Lincoln Credit Union, 2890 N. Oakland Ave., Decatur, IL. 62526. More information may be obtained from the credit union by calling (217) 875-1300. 

 

General Chairman Attending Meeting

 

General Chairman Paul Emert will be attending the January meeting's of UTU Local's 1328 and 383. 

 

Christmas Party

 

The 7th annual UTU 1328/WHK Christmas Party/Meeting/Dinner was a huge success.  We would like to thank everyone who attended one or all of the events.
 

November/December, 2010

December Monthly Meeting Changed

 

The regular December meeting of UTU Local 1328 has been moved to Friday December 17, 2010 from 2 pm - 4:30 pm at Tuckers American Favorites.  While guests will be added throughout the next month, the following have already confirmed:  Assistant General Chairman Mark Cook, State Legislative Director David Miracle, Railroad Retirement Board Director Gene Guihan, FELA Attorney Chris Keith, and more.  This meeting will include guest speakers, appetizers/drinks, and an injury seminar.  It is crucial that you and your family attend.

 

Retired Ball State Professor Supports Future Rail System

MUNCIE, Ind. — Roger Hollands spends innumerable volunteer hours championing a cause that he might not live long enough to see: commuter rail service from Muncie to Anderson to Union Station in downtown Indianapolis.  What motivates him?

“Love of trains,” said Hollands, 70, a professor emeritus of political science at Ball State University. “I enjoy riding trains. Growing up in Milwaukee, a railroad-oriented community, my parents took me on train trips across the country, when I was 7, 8 years old, to St. Louis, to Portland, to Seattle. There were also opportunities for me to travel by myself to northern Wisconsin to visit relatives.”

Hollands formed the Anderson-Muncie Commuter Rail Coalition several years ago. He hosts monthly meetings of the group, brings in speakers, gives commuter rail presentations around the community, organizes bus trips from Muncie to Indianapolis, and serves on the board of the Indiana Citizens Alliance for Transit.  The reason he might not live long enough to enjoy the fruits of his labor is that commuter rail service connecting Muncie to Indianapolis could take anywhere from a decade to a quarter of a century.

“I am hopeful,” Hollands said. “The most important thing is to get a system going somewhere in the Indianapolis metropolitan area, most likely Indianapolis to Noblesville. Once something is in place, we can talk about the possibility of an extension.”

Indy Connect, Central Indiana's Transportation Initiative, is a $2.4 billion long-range plan to triple bus service, add bus rapid transit lines running every 10 minutes and controlling traffic signals and add rail transit in Marion County and surrounding counties.

Key Republican leaders in the state Legislature recently said they're not willing to authorize a referendum that would let voters in Indianapolis and surrounding counties decide whether to raise taxes to pay for half of the $2.4 billion transit plan. Sen. Luke Kenley, R-Noblesville, believes lawmakers should wait for the economy to improve.  Hollands takes such news in stride.  “We'll see what happens,” he said. “If not this year, next year. Two and a half billion dollars scares people. That's why they're spacing it out as long as they can.”  The professor has ridden rail transit all over the country, including Portland, Miami Beach, San Diego, St. Louis, Albuquerque and Boston.  “When you put in light rail or commuter rail, you see transit oriented development and economic growth in that area,” Hollands says.  He calls Indy Go, the bus service provider in Indianapolis, one of the weakest services in the country.

“It has great people, but it's grossly underfunded,” he said. Wait times are long, and service is limited.

On his website, Hollands compares the Indianapolis area to other areas of the country that have regional transit systems, such as the New Mexico Rail Runner connecting Albuquerque and Santa Fe, which are 58 miles apart. This distance compares with the 62 miles separating Muncie and Indianapolis.  The population of metropolitan Albuquerque is 838,120, compared to a population of 1.7 million in the Indianapolis-Carmel area. Population growth and sprawl continue in both areas.

“I view Indy Connect as a starter system,” Hollands said. “Once you demonstrate that you have good, high-quality public transit to Noblesville, then political pressure will be brought. ‘Why can't we have rail service out here?“’

Mary Gaston, assistant manager of MITS, the bus service provider in Muncie, applauds Hollands for building a local transit coalition.  “We are one little piece of a great big picture,” Gaston said. “But over time, as things begin to happen in Indianapolis and regionally, there will be more and more interest from our community, and having this coalition will give that interest a place to focus. It's small and quiet now, but over time, that's going to build. This is a long, slow process, and he knows he won't be able to follow it through to the end.”  Marta Moody, director of the city-county plan commission, added, “I think grassroots citizen groups can do quite a bit in terms of impacting decision making. Those types of groups can build over time and gain recognition and legitimacy. He wants to be prepared for when support is needed.”

Christmas Party

The 7th annual Wettermark Holland & Keith and UTU Local 1328 Christmas party is scheduled for Saturday December 18th from 7 pm - 1am.  This years event will be at "Bearnos Pizza" in Jeffersonville, Indiana.  The party will feature an "all you can eat" pizza buffet, live music from 10 pm - 1 am, and complimentary domestic longnecks.  To receive the complimentary food/drinks, members must have BRACELETS.  The bracelets will be available at the November and December meetings of UTU Local 1328.  We are also working on a room rate with the Sheraton (connected to Bearnos) and will have that information at the meetings.  We look forward to seeing everyone there.

New Videos Added

Check out the youtube videos at the bottom of the "How To/FAQ" page.  The videos cover everything from injuries to investigation conduct and strategy.  They are very informative and should be viewed by all members and officers. 

October, 2010
 

Carrier/FRA Handling Railroaders Who Use Electronic Devices

 

Please DO NOT use electronic devices while on duty.  You will be handled by the Carrier and FINED by the FRA.  Fines are listed below:

 

Subpart C--Electronic Devices
220.302 Operating rules........................... 9,500 17,000
220.303 General; interfering with safety-related 9,500 17,000
duties...........................................
220.305 Personal electronic device turned on while 5,500 10,000
prohibited.......................................
(a)-(c) Personal device in use while 9,500 17,000
prohibited...................................
220.307 Railroad-supplied device turned on while 5,500 10,000
prohibited.......................................
(a) Use not authorized by railroad in writing. 9,500 17,000
(b)-(d) Railroad-supplied devices in use 9,500 17,000
while prohibited.............................
220.311 Railroad operating employees in deadhead
status:
(a).......................................... 9,500 17,000
(b) Devices turned on while prohibited; or.... 5,500 10,000
device in use while prohibited................ 9,500 17,000
220.313 Program of instruction:
(a)-(d)...................................... 9,500 17,000
220.315 Operational tests and inspections:
(a)-(b)...................................... 9,500 17,000
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $100,000 for any violation where circumstances warrant. See 49
CFR part 209, appendix A.
\2\ The penalty schedule uses section numbers from 49 CFR part 220. If
more than one item is listed as a type of violation of a given
section, each item is also designated by a ``penalty code,'' which is
used to facilitate assessment of civil penalties, and which may or may
not correspond to any subsection designation(s). For convenience,
penalty citations will cite the CFR section and the penalty code, if
any. FRA reserves the right, should litigation become necessary, to
substitute in its complaint the CFR citation in place of the combined
CFR and penalty code citation, should they differ.
 

Engineer Election

 

All voters in the Engineer election need to have ballots returned no later than the second Tuesday in November.  If it is later than this, the vote won't be counted. 

 

Election Results

 

All Ran Unopposed:

 

Delegate - Phil Culver

Alternate Delegate - Jim Covert

Local Chairman Conductors - Barron Armstrong

Vice Local Chairman Conductors - Jason Pike

Secretary Conductor Committee - Brian Brock

Local Chairman Switchmen - John Allen

Vice Local Chairman Switchmen - Jerry Blair

Secretay Switchmen Committee - Shane Ororke

Vice Local Chairman Engineers - Phil Culver

Secretary Engineer Committee - Barron Armstrong

FRA Cell Phone Ban

The Federal Railroad Administration has announced it will make permanent its Emergency Order No. 26 restricting the use by on-duty train crews of cell phones and other electronic devices. Some changes, as described below, are to be included in the permanent ban.  The emergency order was issued in October 2008, and the permanent ban will go into effect in late March 2011, following mandatory carrier instruction of train and engine workers covered under the ban.  During the interim, Emergency Order No. 26 will remain in effect.  The emergency order and the permanent ban prohibit the use of an electronic device -- whether personal or railroad supplied -- if it interferes with that employee's or another employee's performance of safety-related duties.
The permanent ban, going into effect in six months, contains some different provisions from the 2008 emergency order and/or the FRA's May draft final of the permanent ban: 

 

Engineer and conductor certification
The final rule will not immediately subject engineers or conductors (when conductor certification, required by the Railroad Safety Improvement Act of 2008, is implemented) to revocation of their certification for a violation of the ban.
However, the FRA said it "may be appropriate" in the future to revoke such certification following a violation.
After the FRA unveiled its draft final rule in May, the UTU and other rail labor organizations filed written comments in June, strongly objecting to making such violations subject to revocation of certification.

 
Personal cell phone records
The final rule scraps an FRA suggestion in its draft final rule that train and engine workers provide railroads access to their personal cell phone records in the event of an accident. The FRA said it already has such authority under the law. The UTU and other rail labor organizations had argued that such a provision would "result in harassment of our members by accessing their personal phone records for any and every incident."
 

Personal emergencies
The final rule will not create an exception for personal emergencies. The FRA said such an exception "would present significant obstacles," as an operating employee "found with a cell phone turned on while on a moving train could easily say the phone was on because of a sick family member, whether true or not."
The UTU and other rail labor organizations had urged adoption of a personal emergency exception. But as the rule is now written, an employee will be prohibited from contacting healthcare providers or sick family members in emergency situations no matter how serious the situation is and even if their railroad employer would have permitted them to do so.
 

GPS devices
In the final rule, the use of personal global positioning service (GPS) devices is not permitted. "Locomotive engineers," said the FRA, "are required to be familiar with the physical characteristics of the routes over which they operate. Thus, engineers should already be aware of where sidings, road crossings, and other physical characteristics are located."
 

Calculators
The FRA's final rule does permit calculators to be used to determine formulas such as train stopping calculations or tons per operative brake.
 

Cameras
The final rule allows for stand-alone cameras (not part of a cell phone or other electronic device) to document a safety hazard or a violation of a rail safety law, regulation order, or standard. However, the FRA final rule will permit the use of railroad-supplied multi-functional devices that include a camera for "authorized business purposes as specified by the railroad in writing" and only after being approved by the FRA.
The UTU and other rail labor organizations had argued that it "is unnecessary to require employees to carry several separate electronic devices on a daily basis to effectively and safety perform their duties." The labor organizations recommended -- but the FRA rejected -- that a cell-phone camera be allowed to document a hazard or violation of a regulation and then be turned off immediately.
To read the FRA's Sept. 27 final rule, which is more than 40 pages when printed out, click on the following link:
http://edocket.access.gpo.gov:80/2010/2010-23916.htm

 

Summer 2010
 

A Message From General Chairman Emert

 

The Carrier is becoming more aggressive with their percussion of an injured employees. I have asked the International to assist this Committee with this problem and President Futhey has assigned Vice President John Previsich.  Formally Vice President Roy Boling filled this assignment with this Committee.  We will closely review all personal injury cases that the Carrier elevates to an investigation. Brother Previsich has reviewed 8 cases that were previously resolved by a PLB and he is now familiar with NS tactics of charging employees with falsifying an injury and making false and or conflicting statements.

 

A few days ago an employee parked his utility vehicle to close to the track. Some cars were kicked into the track near the vehicle and the Utility Person ran to move the vehicle when he observed the cars rolling into the track. As he was attempting to move the vehicle, it was struck by the rolling rail cars and the employee was injured. He was taken to the hospital and due to his injuries he was prescribed strong pain medication. The Carrier insisted that he must fill out a Form 22. The employee faxed the Carrier a statement, but that was not good enough as they wanted to question him. I was called by the Director of LR and advised that the employee could be charged with insubordination. The employee agreed to meet with the Carrier at the crew room/office along with his Local Chairman. He lived about 3 blocks from the crew room/office and due to his not being capable of driving, he walked to the crew room/office to meet the Carrier Officers and his Local Chairman. When he arrived at the office he was feeling ill and he attempted to sit down on a bench just outside the crew room/office.  As he was sitting down he missed the bench and fell through a plate glass window further injuring himself. He was under the influence of pain medication at the time and the Carrier was made aware of this fact prior to his being asked to come to the crew room/office to meet with Carrier Officers. The Carrier obviously had no concern for the employee as I suspect this was an attempt try to get him to make statements that could possible be considered as conflicting  while under the influence of narcotics. This would have resulted in his being charged with falsifying an injury. Any attempts by the Carrier to force an employee to make statements in the form of filing a Form 22 while under the influence of narcotics, should be reported to this office ASAP. The Organization has repeatedly informed the Carrier of the potential of an employee being injured when they are required to report for an investigation or to provide the Carrier with a Form 22.  The Form 22's are required, but they can be filled out at anytime and should not be filled out unless the employee is in control of his/her faculties. We are currently involved in a similar case at another location and the employee filled out a Form 22 while under the influence of narcotics.  His doctor wrote the following statement:

 

In any event, it is my understanding that his employer is stating that he gave false reports regarding all of these details. In my review of the situation, clearly, we have here a gentlemen who required hospitalization after a syncopal event and was being treated for both dehydration, presumed orthostatic hypotension, as well as some pain related to both apparently his back as well as his head injury. Apparently this gentleman had given a statement while in the hospital to one of the company officials. According to the patient, this was done within the first 24 hours of hospitalization, and, given the patient situation, I would state, to a reasonable degree of medical certainty, that the patient, at that time, was certainly an impaired witness, from a cognitive standpoint, due to his underlying medical conditions as well as medications that were given to him while at the hospital. Therefore, I do not feel that he probably made any intentional false claims. 

 

This employee was dismissed due to the conversation he had with Carrier Officers while under the influence of narcotics.

 

The Carriers actions regarding an injured employee baffling to say the least. They produce videos asking the employees to work with the Claim Agents who in turn provides copies of all conversations with the injured employee to Superintendent who in turn holds an investigation and fires the injured employee. The Claim Agent provides statements and or testifies against the injured employee. Why would anyone want to work with someone else who has a vested interest in seeing him/her fired? We get enough of that from all Transportation Officers.

 

I want to remind all Local Chairpersons who are on Safety Committees, GO 898 General Committee of Adjustment Local Chairpersons will be boycotting the Day of Safety celebration due to the Carrier increasing the discipline associated with GR 13 and 14, RVD and the use of the emergency when stopping short of a banner or Stop Signal and the Carrier violation of Article 31 by removing employees from service 3 days when involved in one of the above rule violations.

 

I along with the other General Chairmen are taking this position as we have met in an attempt to persuade the Carrier to eliminate the latest revision to the START Program. I need your help as we must stand together on this issue. You can tell your supervisors that this is due to instructions issued by  General Chairman Paul Emert  of the UTU because of the Carriers elevating discipline associated with the recent changes in the START Program. This change is unacceptable to the Organization and the employee being removed from service is a violation of the Collective Bargaining Agreement. Further any alleged violation of the above referenced Rules WILL NOT be handled under the START Program. The employees no longer has the choice as the General Chairman has issued instructions to the Carrier that the referenced rule violations can not be handled under the START Program and it is not to be offered to the employee.

 

This is just business and nothing for the Carrier Officers to be offended about. They made the change not us. They blame us for their current position in the Harriman chase. They started this fight because they believe we must be punished in order to get our attention. We, the General Chairmen have presented another option, but I don't think they were listening. 

 

FYI: CSX is now giving all employees 30 shares of stock for working safely which is similar to the proposal I made NS several years ago. NS prefers discipline and according to the Carriers view point, our job and safety performance in the past has nothing to do with the present. 

 

EVERY DAY IS A DAY OF SAFETY. The vast majority of our membership work safe every day year in and year out and have done so for many years. There are some that need to learn that getting the job completed is not the most important thing on today's Railroad, RULE COMPLIANCE is job number one.  If a member does not complete the job, they will send someone else to finish the work.

 

Be safe and be united.

 

Paul Emert

 

If You Are "Cussed" At Work

 

If a supervisor "cusses" at or around you please notify your Local Chairman immediately.  It has come to the Local's attention that Louisville supervision has used numerous derogatory toward and around our membership.  This includes terms that could be offensive to certain religions.  The Local has also learned of threats to members to move off of jobs or expect discipline.  A members agreement allows them to hold positions, not a carrier officers preference.  If this has happened to you, contact your Local Chairman.  Reporting the officers to the ethics committee, their superiors, and the General Chairman is your best protection!

Message From Georgia State Director Howell Keown

 

Please share this message with your NS Brothers and Sisters.

 

This is a reminder that your Union, Our Union, The United Transportation Union has declared and believes that every single day should be a Day of Safety and we are not, will not and should not be a participating partner in the August 18, 2010 Norfolk Southern "Day of Safety" for reasons we are all so familiar with. 

 

NS has decided that their "START" program is the best thing since sliced bread and we should be appreciative of the fact they have "New Steps" to hold you a little closer to the fire and make you be a safer employee and they have increased the levels of discipline to dismiss you with so it is not all done at once. Albeit it will be done in a more expedient manner. That means faster. And the new rules will hold you responsible for a much longer period of time so there are some cases where your "mistakes" will follow you until the day you retire or quit. It is kind of like being "beholding" to the company store for all of your supplies because it is the only place you can spend your "script" you are being credited with. I call it Indentured Servitude. Others call it Slavery. Where else does anyone promote the use of the addendum "Master" in their title assignment.

 

They do not and will not negotiate or even reconsider their failed policy and inasmuch as they have decided to hold the line on their recent policy changes our Union has chosen not to participate in their "Grandstanding" attempt to show how much they really care about your safety and well being. We know how much.

 

And rest assured NS will not consider you as "unavailable" if you don't bow down to the NS Safety Idol on August the 18th.

 

Just say "No Thanks".

 

Tell them you have already made a commitment to work safely and it has nothing to do with NS policy.

 

Tell them you actually have the desire to go home with everything you came to work with each and every day.

 

If you are a Safety Committee member on your property and you have been asked to participate in the "NS Day of Safety" you have the right to ask to be excused. It may cost you the position if you were selected by the Superintendent or a Train"Master", but it may also be the time for you to take a stand for the membership you have been chosen to represent.

 

If you want to know why they are mad and the reasoning behind their most recent policy changes give me a call and I will be glad to discuss those issues with you. Better yet, attend your local union meetings and get involved in the process of progress. It is undoubtedly the best way to find out what is going on with your Union.

 

As Brother Emert stated in his initial response to the so called NS Day of Safety "Continue to work safely so that you may reap the benefits of your labor."

 

Sincerely and Fraternally Yours,

Howell Keown

UTU State Legislative Director-Georgia

 

NS Hiring To Continue Through 2011

 

UTU Regional Organizing Coordinator J.C. Roy has reported that NS has 60 ACT's per week at their Goergia training facility and they plan to do that til at least January 2011.  At that point the Carrier will evaluate man power at each location and hire more if needed. 

 

Nominations In October

 

UTU Local 1328 will be accepting nominations for the following positions at our October meeting:  Switchman Local and Vice Local Chairman, Conductors Local and Vice Local Chairman, and Engineers Local and Vice Local Chairman. 
 

NS Local's Going To Direct Billing

 

Beginning in October of this year, UTU Locals from Norfolk Southern, Conrail Shared Assets, and Indiana Harbor Belt will change their UTU billing to the new direct receipts system.  The old UTU billing system was designed over 25 years ago based on technology of that day.  Under the currect system, the monthly billing is a very complex and tedious process for the Local's and International.  As technology advances, the Local's and Internationals work will be simplified and less time consuming.  On September 21-23 a representative(s) from our Local will visit UTU International to attend a workshop.  If you have any questions, they will be fielded at the July and October meetings of UTU Local 1328. 

UTU ID Run Proposal

 

Attached are copies of initialed ID Agreement concerning the notices served by the Carrier in January of 2010 concerning the proposed ID Service between Cincinnati, Louisville, Chattanooga, Knoxville and Grove Tate.  This proposal provides for the Carrier to operate through the Home Terminal of Danville Kentucky.  The Agreement commits the Carrier and the Organization to negotiate an Agreement that allows running through a District Home Terminal.  The Running Through the Home Terminal provisions of the Agreement only apply to the Danville District in this case and although most of Article 13 of the Agreement apply to all ID Service the underlined portions apply only to Runs that Operate Through a home Terminal.

 

The most of this Article applies to ID service in General but the bolded portions apply to Runs that Do NOT Operate through a Home Terminal only.

 

ARTICLE 13

INTERDIVISIONAL SERVICE

As used in this Article, the term interdivisional service includes interdivisional, interseniority district, intradivisional and/or intraseniority district service.

An individual Carrier may establish interdivisional service in freight service, subject to the following procedure.

A. NOTICE

An individual Carrier seeking to establish interdivisional service shall give at least twenty days’ written notice to the organization of its desire to establish service, specify the service it proposes to establish and the conditions, if any, which it proposes shall govern the establishment of such service.

B. CONDITIONS

Reasonable and practical conditions shall govern the establishment of the runs described, including but not limited to the following:

1. Runs shall be adequate for efficient operations and reasonable in regard to the miles run, hours on duty and in regard to other conditions of work.

2. All miles run in excess of the miles encompassed in the basic day shall be paid for at a rate calculated by dividing the basic daily rate of pay in effect on October 31, 1985 by the number of miles encompassed in the basic day as of that date. Car scale and weight-on-drivers additives will apply to mileage rates calculated in accordance with this provision.

3. When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the Carrier shall authorize and provide suitable transportation for the crew.

NOTE: Suitable transportation includes Carrier owned or provided passenger carrying motor vehicles or taxi, but excludes other forms of public transportation.

4. On runs established hereunder crews will be allowed a $8.00 meal allowance after 4 hours at the away-from-home terminal and another $8.00 allowance after being held an additional 8 hours.

5. In order to expedite the movement of interdivisional runs, crews on runs of miles equal to or less than the number encompassed in the basic day will not stop to eat except in cases of emergency or unusual delays. For crews on longer runs, the Carrier shall determine the conditions under which such crews may stop to eat. When crews on such runs are not permitted to stop to eat, crew members shall be paid an allowance of $1.50 for the trip.

6. The foregoing provisions 1. through 5. do not preclude the parties from negotiating other terms and conditions of work.

C. PROCEDURE

Upon the serving of a notice under Paragraph A., the parties will discuss the details of operation and working conditions of the proposed runs during a period of 20 days following the date of the notice. If they are unable to agree, at the end of the 20-day period, with respect to runs which do not operate through a home terminal or home terminals of previously existing runs which are to be extended, such run or runs will be operated on a trial basis until completion of the procedures referred to in Paragraph D. This trial basis operation will not be applicable to runs which operate through home terminals.

D. ARBITRATION

1. In the event the Carrier and the organization cannot agree on the matter provided for in Paragraph A. and the other terms and conditions referred to in Paragraph B. above, the parties agree that such dispute shall be submitted to arbitration under the Railway Labor Act, as amended, within 30 days after arbitration is requested by the Carrier. The arbitration board shall be governed by the general and specific guidelines set forth in Paragraph B. above.

2. The Carrier and the organization mutually commit themselves to the expedited processing of negotiations concerning interdivisional runs, including those involving running through home terminals, and mutually commit themselves to request the prompt appointment by the National Mediation Board of an arbitrator when an agreement cannot be reached.

3. The decision of the arbitration board shall be final and binding upon both parties, except that the award shall not require the Carrier to establish interdivisional service in the particular territory involved in each such dispute but shall be accepted by the parties as the conditions which shall be met by the Carrier if and when such interdivisional service is established in that territory. Provided further, however, if Carrier elects not to put the award into effect, Carrier shall be deemed to have waived any right to renew the same request for a period of one year following the date of said award, except by consent of the organization party to said arbitration.

E. EXISTING INTERDIVISIONAL SERVICE

Interdivisional service in effect on the date of this Agreement is not affected by this Article.

F. CONSTRUCTION OF ARTICLE

The foregoing provisions are not intended to impose restriction with respect to establishing interdivisional service where restrictions did not exist prior to the date of this Article.

G. PROTECTION

The provisions of Article XIII of the January 27, 1972 Agreement (reproduced in Article 35.B. of this Agreement) shall apply to employees adversely affected by the application of this Article.

H. INDIVIDUAL ID SERVICE AGREEMENTS

The individual Interdivisional Service Agreements are reproduced in Appendix A of this Agreement.

This page last updated: March 02, 2005 

Each Local Chairman must poll their respective Local Committee memberships and vote the proposed agreement up or down.  UTU Engineers and Locomotive Engineer Trainees vote as Firemen as this agreement will apply to LET'S. If your Local has a Engineer Local Chairman that will be his voting authority but if your local has no Engineer Local Chairman the Local Chairman that represents UTU Engineers and LET'S will be voting for the E craft when they cast their vote for the other craft they represent.

I will be communicating with the International to determine if each separate Local must ratify the Agreement by craft, or if the collective group must ratify the Agreement by craft or if the collective group must ratify the Agreement without respect to craft just a simple majority.

I will advise you all of their response.

Should you have questions concerning the application of the proposal please call and I will explain any portion that you do not understand. If you would like I can attend a meeting and explain the proposal, just let me know the date you would like me to attend a meeting.

This Agreement represents our best effort but for the most part the provisions contained in the proposal were and have been a part of Article 13 beginning in 1972.  I was able to make some additions most of which concern the Danville District folks as that was where we had the most negotiating leverage. 

I was able to get the Guaranteed Conductors X Board due to convincing the Carriers of their need for stability in the availability of employees. The X Board earnings for so called non-protected employee of $1,900.00 represents 75% of protected employees rate as the non-protects will have scheduled off days that represent being off 25% of the time. Protected employees would have lost wages due to marking off deducted from their guarantee in accordance with Article 37 C part 2. 

There is a big benefit to having guaranteed X Boards as the X Board will have scheduled off time and a wage guarantee.  The Carrier will be studying how well these X Boards function and hopefully we will be able to put them in place at all locations.  

Everyone working as of January 2010 will be protected under the provisions of the Washington Job Protection Act (WJPA).  If furloughed as a result of this ID Service each employee will be protected in accordance with the WJPA.  The Carrier will provide Test Period Averages for every employee working on January 2010 upon request.  I would encourage every employee to make this request as this will enable the employee to determine if the ID service has impacted their earnings.

The Local Chairman will be required to meet with the Carrier and work out the Local Conditions such as the length of the call 1, 1 hr 30 min, or 2 hour calls, regulars pool or assigned pool service, HOS relief, equity, limited off duty time in the Away Terminal, scheduled off days of which I will need to know if you are able to work out schedule off days before any local understanding is signed, and any other issue that may come up concerning this proposed service.

Failure to ratify this agreement will mean immediate arbitration which will be final and binding on both parties. The arbitrator will arbitrate this proposal not the original proposal served by the Carrier in January of this year.  A negotiated Agreement will be much simpler to change should we run into some unforeseen problem down the road.  Final and binding arbitration means just what it says and sets a precedent for all future ID Service.

I will need to have your votes no later than 3:00 PM July 30, 2010.  Should you need more time due to scheduling a meeting that you would like me to attend, just call and I can arrange for an extension.

Harriman In Jeopardy, Harassment Likely

 

NS is currently in second place (behind CSXT) in the Harriman race.  The race is close but the organization suspects that NS has yet to report all of it's injuries to the FRA (including some in Louisville).  The Organization speculates that NS has taken the stance that this drop from first place is the fault of the Transportation workers.  Where was the praise for the Transportation workers when NS won countless Harriman's?   Expect a spike in rules checks, discipline, and harassment.  What better way to raise morale, promote focus, and avoid injuries.  You have been warned, protect yourself and your job. 100% rules compliance is required!

 

Summary Of Recent Meeting Between Union Officials/Carrier Officers 

 

All General Managers, Dr. Prible, and Mssrs. Wheeler, Manion, Mobley, and Rathbone attended. There are several significant policy changes that I hope you will share with our brothers and sisters. My notes are in a rough draft format. Please keep this in mind. If you have questions and would like a more in-depth explanation, please call. 

In the order the issues were discussed at the meeting:

• Safety - In the current year-to-date Harriman competition, the NS ratio is 0.97 and the CSX ratio is 0.86. 
• A thorough discussion of the safety statistics on the various territories was held. 
• Virginia Division is not doing as well as last year.
• Pocahontas is doing better. Pocahontas had a 90-day injury free streak recently.
• Mr. Wheeler spoke to a new focus on Safety Rule 1080. While on moving equipment, stay seated until the movement stops. Moving about while on moving equipment when not necessary is considered a "risky behavior". 
• The General Chairmen had not heard of this new focus and commented at length about it being a culture change in many areas where employees are accustomed to being ready in the steps of the engine when the movement stops. NS will focus on road crews in getting out the new intent of Rule 1080. (Discussion with Mr. Wheeler included that it would be permissible for conductors to go back to check for problems or alarms on trailing units.)
• Safety Stock Incentive Plan Changes - For 2010, all unique road crew territories will acquire their own reporting groups. This is an answer to the valid concerns expressed over the fact road crews had only one chance to win and that was their division while yards/terminals had more than one chance. Incentives will continue to be paid in cash stock equivalent with tax estimation added.
• Vests -  On August 4, 2010, Vests will become mandatory when on and around tracks and highways and roads (as in flagging crossings, etc.) They are lime green/hi-visibility yellow and completely break away with all Velcro seams. They will not be required while in enclosed spaces like offices and vehicles and locomotives.
• General Chairmen brought up the murder/robbery of CSX conductor Frederick Gibbs in New Orleans on 6/20 and situations that place us on the ground in high crime areas. This may be an area that we should not be wearing anything to bring attention to ourselves. Some agreement from Mr. Wheeler.
• There is also a suggestion that we be deemed in compliance if we are wearing a high-viz shirt as a substitute, rather than having to wear yet another layer of clothing in the heat of the railroad in summertime.
• "Hands-Free Radio" Requirement - When the vest becomes mandatory, it is also going to become a rule requirement that lapel microphones and belt-clipped radios be used. (For some reason, they refer to this as a "hands-free radio".) The lapel mike may be used with a loop on the vest or with the separate orange "bib" mike holder.
• Business - Business is good, Service is poor. Service level is at 49.9% whereas a year ago it was 70%.
• System velocity has dropped badly.
• Power and crew availability are representing the biggest impediments to good service. 
• There are now HR authorities to hire 834 T&E employees. 
• All locomotives are out of storage and NS has leased 100 locomotives.
• 1500 T&E furloughs resulted in 85% coming back. (About 225 did not.) 
• Transfers to other districts have amounted to about 50 and are largely finished with paperwork.
• Weekend markoffs are a continuing area of concern and may result in further scrutiny and handling of pattern markoffs.
• FMLA Administration will revert to the same third party contractor, APS, at Roanoke Terminal and on the Georgia Division. 
• Expect some other FMLA problem areas to come under APS handling in the future.
• Pattern weekend FMLA markoffs will draw heat. "Weekends are horrible." We are going to see what FMLA purpose they serve. (Ex.- If the FMLA reason is to take a relative to the doctor, APS may ask about weekend doctor appointments.)
• START Changes- New focus on GR-13 and GR-14 compliance
• GR-13 and GR-14 will immediately become START Serious offenses due to violations historically leading to serious injuries.
• First offense:
• -Immediate Removal From Service
• -Three Day Suspension
• -Retraining without pay
• All agreement rights to investigation remain unchanged.
• These two areas of violations (GR-13 "Employee must nots" and GR-14 Three step) are going to be broken out from other START Serious policy violations and their treatment will be as outlined above. The alternative was have them listed as START Major violations.
• Mr. Manion will put out the word to all supervisors that the benefit of the doubt must go to the employee and field supervisors must be "100% sure" of the violation to handle it.
• General Chairmen suggest new meetings with local chairmen to address START changes. They will be held on a Division basis and will include Payroll and Crew Management.
• Mr. Wheeler will send out a letter to all employees' homes announcing the START changes.
• START Changes for RVD's (?and RVI's?) -
• RVDs will move away from handling based upon FRA threshold dollar reporting requirements to an automatic START Serious. 
• RULE VIOLATION DERAILMENTS
• Some interchangeable use of the term "RVI" was used but it was never explained whether this was meant to include NON-DERAILMENT rule violations like run-through switches. (??) Answer later.
• The change is because of the escalating "other costs" of derailments and the dangers any derailment poses to employees and public. 
• Main causes of RVDs:
• -Switches improperly handled
• -Shoving Movements
• -Securing Equipment
• After signing for a RVD/RVI START Serious, first offense will result in eight hours or less of formal retraining at half pay for employees with less than two years of service. This area of the new policy may be subject to change because of some objections raised about it.
• All agreement rights to investigation remain unchanged.
• Mr. Manion emphasized that this is a unilateral START policy change which they have every right to do and it will be effective July 1, 2010.
• Other START Changes-
• There will be a RESET of all Phase I (START Minor) handling on July 1st. (This amounts to turning the START Minor clock "ahead" one year. All minors reset as to progression.)
• The START Oversight Committee will now meet monthly to review all START Serious offenses resulting from the policy changes
• WERIS - 
• For engineers, the WERIS threshold for EXCESSIVE SPEEDING is raised to 5 mph. This does NOT mean anything except that the (automatic) DISMISSAL threshold changes to greater than 5 mph across the entire spectrum of speeds and speed limits. It does not mean that it is OK to run 4.99 mph over the speed limit.
• NS wants "track speed" running. The current fall in system velocity is getting bad and being noticed.
• General Chairmen pointed out that they were warned more than once as they rolled out WERIS. It has evolved into what it has because of the way WERIS has been handled.
• General Chairmen pointed out that, even with the new thresholds, NS should also look at the particular actions that lead to  the overspeed and the actions that the engineer took to correct them on an individual case basis. There was some agreement from NS management. 
• Again, Mr. Manion stated his intention was to run trains at the track speed limits.
• General Chairmen wanted to address as one body three issues:
• -NS Medical Department
• -NS Payroll 
• -NS Labor Relations
• Detailed complaints about the Medical Department resulted in a renewed commitment to change it. 
• They are addressing their staff shortages by hiring new nurses and Medical Standards Coordinators. 
• New hire employee physicals and evaluations have been sent to a third-party contractor. 
• In dealing with the perpetual problem of medical record "losses", there is now a single person who handles all incoming faxes and imaging and distribution of records to proper people.
• Railroad Retirement forms and Attending Physician Statements required by insurance companies will acquire a new higher priority to ensure that no one "goes without benefits".
• Return-to work physicals and the MED-15 problems will be solved "immediately". Nobody should come out of a RTW physical and not know whether or not they are "really" cleared to return to service.
• Hot button issues are going to be corrected "now". There will be a conference call once a month with the General Chairmen to address each and every area of concern. 
• Medical Department will again address issues of telephone manners and accuracy of information.
• Payroll problems and audits and recoveries generated a long discussion with nothing much to offer from it.
• The takeaway is that basic days are still not going to be paid for Safety Committees, Rules Classes, SQ Workshops, etc.
• If you attend on your off time, you may not be paid for attending. (This is a "long-standing Labor Relations policy" that nobody, including the Division Superintendents, seemed to know about.)
• The time was short, meeting wound down, and only a few other issues were addressed. None involved Labor Relations:
• -UTCS printouts are lengthy and are being looked at. Paper waste should be held down with the new conductor's print option from Crewcall to only print required clearances. 
• PLEASE REPORT PRINTERS THAT DON'T PRINT EASILY READABLE CLEARANCES. 
• High speed printers are being phased in.
• -At the suggestion that RailView recording be reviewed by agreement of General Chairmen in STOP signal cases, Mssrs. Manion and Wheeler said that all STOP signal cases have Railview examination by 'NS experts'. No need for General Chairmen to review them. (??)
• -Comments from General Chairmen that Supervisors are held to a different (lower) standard of honesty than employees. It was acknowledged by Mr. Wheeler that this may be the case in limited situations. They are working on correcting habitual offenders.
• -Look to all of their union leaders (local chairmen and general chairmen) for concerted help in safety and the concept that we all go home in good shape.

Another Pipe Bomb Found
 

SELLERSBURG, Ind. -- Clark County police say a pipe bomb found Thursday night could have killed someone, the WDRB Fox 41 Web site reports. Instead, people hunting snakes near railroad tracks saw it and called for help. It lay on Southern Indiana Railway tracks that cross Bean Road, in Sellersburg, north of Clark County Airport. A state police explosives technician disabled the device safely about two hours later. Officers called it an IED, short for "improvised explosive device," a term more commonly heard in talk of the Iraq and Afghanistan wars. They described the device as a jar wrapped in duct tape, packed with a half-pound of black powder and a fuse. They said anyone could have made it at home. But that powder had enough force to kill someone if it had exploded. Now police want to know who built it and placed it on the tracks. "We sandbagged the device in order to preserve it for evidence, and we're going to try to remove the duct tape to see if we can get any fingerprints off of the container itself," said Maj. Chuck Adams, Clark Co. Sheriff's Dept. Adams was blunt about the potential power of the bomb. "It could have very well killed several people. Half a pound of black powder is very dangerous," Adams said. Railroad traffic was stopped so police could detonate the device safely. No one was hurt.  Officers ask anyone with information about the bomb to call the Clark County Sheriff's Department at 812-283-4471.  

DO NOT TEXT ON DUTY

We just received this information from the Arizona State Director:

The FRA is in the process of levying individual fines against the CONDUCTOR. They are referencing four separate occasions of texting while on a train with a $10,000 fine per infraction totaling $40,000. That doesn’t include the “time off” UP is pursuing.

In addition to the previous case, UP railroad in AZ has sited another conductor for allegedly texting while on a train. This time the UP is claiming they saw the conductor with binoculars from afar. UP is pursuing termination in this case.

PLEASE DON’T LET YOURSELF BE MADE AN EXAMPLE OF BE CAREFUL

FREIGHT CONDUCTOR SHOT DEAD IN NEW ORLEANS

 This just in: A freight railroad conductor was shot to death early Sunday, June 20, in what New Orleans police say was a botched robbery attempt that escalated to murder. There are conflicting reports, at present, as to what railroad is involved.

The still unidentified conductor, said by police to be age 52, was shot around 12:30 a.m., June 20. Police said that in response to a call of "shots fired," they discovered the victim beside an intermodal train and suffering "multiple" gunshot wounds. The victim was pronounced dead at the scene by emergency medical technicians, police said. The westbound train reportedly was stopped in downtown New Orleans when the crime occurred.  Police said the shooter had fled the scene by the time they arrived.

Take nothing for granted.  The railroad requires Conductors to inspect trains, work in unlit areas, work unsupervised at outlying points, etc.  If you ever question your safety, don't do the task.  Ask for some sort of security. 

2010 Golf Scramble

 

There will not be a UTU 1328/Wettermark Holland Keith golf scramble in 2010.  It will return in the summer of 2011.

John Yarmuth Responds To Alt Legislative Representative Wallin

Dear Mr. Wallin,

Thank you for contacting me to express your concerns about national identification cards. I appreciate hearing from you on this important issue.

As you may be aware, in the immigration bill currently taking shape in the Senate, Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) have proposed a national biometric identification card that all legal U.S. workers, including citizens and immigrants, would eventually be required to obtain. This identification card would be embedded with information such as fingerprints to tie the card to the worker. Although this idea is currently being debated in the Senate, you can be assured that I will keep your views close in mind should it come to the House Floor for a vote.

I believe that our nation's immigration system is broken, and Congress should enact Comprehensive Immigration Reform (CIR). While we should not lose sight of the fact that we are a nation of immigrants, reform must curtail future illegal immigration. That is why I remain fully committed to enacting a CIR package that promotes humane immigration enforcement, enhanced border security, employer accountability with a strong verification system, and a worker program that will protect and create American jobs and businesses - while ensuring we have an accurate record of who is in our country and why they are here. 

It is unclear whether CIR legislation will be considered on the House Floor during this session of Congress, however I will keep your concerns in mind should it advance in the weeks and months ahead.

In the meantime, thank you again for contacting me, and please feel free to get in touch with me in the future regarding any matter of concern. If you would like to learn more about my work in Washington and in Louisville, please visit my website at www.yarmuth.house.gov where you will find the latest news, my weekly schedule, video from hearings, and information about constituent services.  You can also sign up for my e-newsletter to receive periodic updates on important issues and services for your family.

Sincerely,

John Yarmuth

Member Of Congress

April 2010
 

30 Day Bump Vote Passes

 

At the April meeting of UTU Local 1328, the membership voted in favor of exploring a "30 Day Bump" for all ground employees.  The results have been forwarded to General Chairman Emert.  He will take this request to Labor Relations in an effort to secure an agreement.
 

Flowback Notice Has Been Served

 

On March 30, 2010, General Chairman Paul Emert served notice to the Carrier that GCA 898 wishes to install the FLOWBACK portion of our collective bargaining agreement.  

Insurance Opt Out

 

If you ever decide to opt out of your new Short Term Disability policy, you must fill out an opt out card and send it to the International.  If you want to cancel any other policy (other than DPP), you must write a letter to Internation stating which policy you want to cancel and include your signature.

 

 

Interdivisional Meeting

 

A recent meeting was held with Carrier and Union officers to discuss the proposed elimination of the Danville home terminal.  Please attend our April monthly meetings for details. 

March, 2010
 

Labor Board Rules Carrier Discipline Excessive, Members Returning To Work

A recent public law board overturned dismissals for 3 of our members:  AJ Ehringer, Justin Browning, and Bobby Clark.  The carriers discipline was considered excessive.  Please welcome back your brothers.

Obama Appoints Labor Friendly Craig Becker To NLRB And US Chamber Is Not Happy!  

WASHINGTON, D.C. — U.S. Chamber of Commerce Senior Vice President of Labor, Immigration, and Employee Benefits Randel K. Johnson released the following statement denouncing the recess appointment of Craig Becker to the National Labor Relations Board (NLRB):

“This recess appointment disregards the Senate’s bipartisan rejection of Craig Becker’s nomination to the NLRB. Overriding the will of the Senate and providing this special interest payback contradicts the President’s claim to change the tone in Washington. The business community should be on red alert for radical changes that could significantly impair the ability of America’s job creators to compete.

“This is the first time since 1993 that the Chamber has opposed a nominee to the NLRB. The Chamber’s opposition is based on Mr. Becker’s prolific writings, which suggest a radical view of labor law that flies in the face of established precedent and case law and is far outside the mainstream.”

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.

 

Vote At The April Meeting

 

A motion was made and passed to vote to explore a 30 day displacement right for all "ground employees".  This vote will be held at the April meetings of UTU Local 1328.  You must be present at one of the meetings for your vote to be counted.

February, 2010

FLOWBACK coming

 

By a vote of 31 to 27 (GCO 898 Local Chairmen), the Local Chairmen of GCO 898 have spoken.  General Chairman Emert will now serve notice to the carrier to implement the FLOWBACK portion of our agreement.  While the process can take time (and already has), we thank everyone for their patience.

 

UTU Kentucky State Legislative Director Questions NS Over Crew Domicile

 

STANFORD, Ky. -- Two weeks ago, the Interior Journal reported that Norfolk Southern's plans to stop using Danville as a crew change point would not mean forced relocation of employees who board their trains at the Danville yard, but Stanford resident and United Transportation Union State Legislative Directive David Miracle said that Norfolk Southern has told his group something else, the Journal reports. A family member of a Norfolk Southern employee who alerted the IJ to the story said that union members had been told they would have to relocate to Knoxville, Chattanooga, Louisville or Cincinnati, but Robin Chapman, a public relations officer for the railroad, said in an interview, "That's not so." Miracle, however, produced a document that indicated that moving employees might really be on the railroad's mind. When the company told employees they were considering moving the crew change location from Danville to the Grove/Tateville yard near Somerset, the union sent a list of questions about the plan to Norfolk Southern and Miracle provided the IJ with their responses. According to the written response, when asked, "Why can't crews from the 2nd district have a home terminal of Grove/Tateville?" Norfolk Southern said that it would cause an imbalance in crews at either terminal, and went on to say, "Managing this inefficiency is extremely difficult and creates a substantial increase in lodging, taxi, and deadhead costs, as well as, increases the manpower required to protect the service." While Norfolk Southern's response to the union's queries doesn't come right out and say that people will be forced to move, it does specifically mention that employees will be "eligible to exercise seniority to the new interdivisional assignments," meaning that they can compete for positions in the above cities based on how much time they have on the rails. While he is concerned about the impact such a move would have on his union members, Miracle said that these types of discussions have been going on for years. Regardless of whether employees are required to move to distant terminals to retain their jobs or commute to Grove/Tateville to change trains, there is sure to be an impact on families and the local economy to some extent.

 

Injured conductor awarded $1.65 million

BUFFALO, N.Y. - A Niagara Falls man whose career as a train conductor came to a halt when a CSX freight train slammed into him in the Frontier Yard six years ago was awarded $1.65 million by a Buffalo jury, the News reports.  David Canazzi, 56, was struck when a train began moving unexpectedly, severely fracturing his right ankle about 12:30 a. m. March 2, 2004.Doctors have told him he can no longer return to the job he had held for 27 years, said one of his lawyers. The jury verdict before State Supreme Court Justice Timothy J. Drury was against CSX.

 

January 2010
 

John Yarmuth Responds To Keith Wallin

 

January 22, 2010

Mr. Keith M. Wallin
8821 Old Ironsides Drive
Louisville, Kentucky 40228

Dear Mr. Wallin,

Thank you for taking the time to contact me regarding your concerns about the proposal to tax employee's health benefits. As the national debate on health care reform progresses, I appreciate the benefit of your views on this important matter.

I understand your concerns about current proposals, so I wanted to fully explain my views on health care reform. I support a plan for reform that is uniquely American, driven by competition and choice.  Those already happy with their insurance and doctor will be able to stay where they are and likely save money in the process. If you need coverage, you will have a clear option of participating in a number of private plans (similar to those offered to Members of Congress) or a public insurance plan. No one will be forced into a public plan -- in fact, analysts expect the competition to drive down insurance costs across the board with about 3 percent of Americans opting into the public plan and record numbers of Americans covered by private companies.

Under the plan, out-of-pocket expenses will be capped so that high quality health care is affordable for every American.  If you are laid-off, change jobs or want to start a small business you will always have access to affordable insurance -- and you or a family member will never be denied coverage because of age, gender, occupation, a pre-existing condition, or a typo on an insurance form. Every American family will have the security of never again having to worry about losing medical coverage when they need it most.

Families are not the only ones currently struggling.  With their premiums more than doubling this decade, the majority of American small businesses can no longer bear the burden of covering their employees.  Just one employee with a serious medical problem can cause already high premiums to skyrocket for all their coworkers.  As a result, more than 28 million uninsured Americans now own or work for small businesses.  The proposal I support includes protections for small businesses --removing this enormous burden from America's entrepreneurs and providing tax credits to those who choose to provide coverage.  Smaller businesses will be in a much better position to compete with large companies for highly-skilled workers, and the leveled playing field will at last allow American enterprise to expand more effectively in the global marketplace.  This is why the House Committee on Ways and Means, of which I am a member, chose not to consider a tax on employee benefits in their efforts to raise revenue for health care reform. 

With health care costs for a family of four expected to rise by $1,800 each year, the alternative to reform -- prolonging the current system -- is simply unsustainable.  No one should be driven into bankruptcy by an accident or illness, and all Americans deserve to choose the health plan and doctor that best suits their families.  Fixing a problem of this magnitude is extremely complex -- that is why hearing from you is so important. Please be assured that I will keep your views in mind as this debate continues.  Your input is key to ensuring that the final result is a health reform plan that truly reflects the needs and the concerns of Louisville families. 

So I thank you again for taking the time to share your thoughts with me about this critically important issue -- and hope you will continue to stay in touch.  In the meantime, if you would like to learn more about my work in Washington and in Louisville, please visit my website at www.yarmuth.house.gov where you will find the latest news, my weekly schedule, video from hearings, and information about constituent services.  You can also sign up for my e-newsletter to receive periodic updates on important issues and services for your family.

Sincerely,

John Yarmuth
Member of Congress

 

Switching Limits
After the meeting with the G/M today, G/C Paul Emert met with the L/C from Louisville, Danville and Cincinnati to discuss the ID service proposed by the Carrier. Emert and BLE G/C Overton are meeting with Labor Relations in Norfolk on January 25th. Emert is of the belief that there is a hidden agenda. The Carrier cannot change switching limits per Article 28. 
 

ARTICLE 28

SWITCHING LIMITS

A. It is agreed that the switching limits as presently established will not be changed unless mutually agreed to, in writing, between the Management and representatives of the employees.

It is further agreed that if in the future for valid reason, including but not limited to the establishment of new industries, the switching limits hereby recognized and established may be changed by mutual agreement. It is understood that in the event a change is desired by either party, the merits are to be fairly considered in each instance and conclusion reached thereon.

It is further agreed that any change in the present switching limits shall affect industrial switching only and will not change present practices at any point relating to the following:

1. The handling of transfer or interchange

2. Pusher service

B. The employees involved, and the Carriers represented by the National Carriers' Conference Committee, being desirous of cooperating in order to meet conditions on the various properties to the end that efficient and adequate switching service may be provided and industrial development facilitated, adopt the following:

1. Where an individual Carrier which does not have the unilateral right to change existing switching limits where yard crews are employed, considers it advisable to change the same, it shall give notice in writing to the General Chairperson(s) of such intention, whereupon the Carrier and the General Chairperson(s) shall, within 30 days, endeavor to negotiate an understanding.

In the event the Carrier and the General Chairperson(s) cannot agree on the matter, the dispute shall be submitted to arbitration as provided for in the Railway Labor Act, as amended, within 60 days following the date of the last conference. The decision of the Arbitration Board will be made within 30 days thereafter. The award of the Board shall be final and binding on the parties and shall become effective thereafter upon seven days' notice by the Carrier.

2. Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with rules governing changes in switching limits.

3. This Article shall in no way effect the changing of yard or switching limits at points where no yard crews are employee

C. LOCATION OF SWITCHING LIMITS

The location of switching limits as of August 25, 1978 are defined by a bulletin on file in the Division Superintendent's office, Labor Relations and the General Chairperson's office. Additionally, it can be found in Appendix B of this Agreement.

Throw the worst case scenario at the 2nd district so they would offer to change their home terminal to Burnside. Emert further believes the union can beat the proposal of the ID run because of the below clause about running through your home terminal. He is prepared to take it to arbitration if need be.
 

Upon the serving of a notice under Paragraph A., the parties will discuss the details of operation and working conditions of the proposed runs during a period of 20 days following the date of the notice. If they are unable to agree, at the end of the 20-day period, with respect to runs which do not operate through a home terminal or home terminals of previously existing runs which are to be extended, such run or runs will be operated on a trial basis until completion of the procedures referred to in Paragraph D. This trial basis operation will not be applicable to runs which operate through home terminals.

D. ARBITRATION

1. In the event the Carrier and the organization cannot agree on the matter provided for in Paragraph A. and the other terms and conditions referred to in Paragraph B. above, the parties agree that such dispute shall be submitted to arbitration under the Railway Labor Act, as amended, within 30 days after arbitration is requested by the Carrier. The arbitration board shall be governed by the general and specific guidelines set forth in Paragraph B. above.

2. The Carrier and the organization mutually commit themselves to the expedited processing of negotiations concerning inter-divisional runs, including those involving running through home terminals, and mutually commit themselves to request the prompt appointment by the National Mediation Board of an arbitrator when an agreement cannot be reached.

3. The decision of the arbitration board shall be final and binding upon both parties, except that the award shall not require the Carrier to establish inter-divisional service in the particular territory involved in each such dispute but shall be accepted by the parties as the conditions which shall be met by the Carrier if and when such inter-divisional service is established in that territory. Provided further, however, if Carrier elects not to put the award into effect, Carrier shall be deemed to have waived any right to renew the same request for a period of one year following the date of said award, except by consent of the organization party to said arbitration.

The Carrier is going to great lengths to sell this thing. This isn't needed to implement the service in accordance with the agreement. The town hall meetings, the shift briefings, the false numbers being put out all need to be taken with a grain of salt. Everyone needs to remain calm as there is a lot that needs to happen before this goes into place. Again, there looks like there is a hidden agenda.

I will post any updates as I get them. If you have any questions, please contact your respective local chairman and be sure to attend the next union meeting February 10, 2010 at Tuckers Restaurant.

Inter-Divisional Runs Proposed

 

At a Local Chairman's meeting on 01/15/10 Division Superintendent Sliger
informed us of a new proposal.  Louisville crews staying in Danville
(except for 60A and 376 or other trains routed to Cincinnati) would go to
Grove/Tateville, KY which would replace Danville as the new away from home terminal.  The proposal
could take from 6 months to 1 year to implement.  There will be a new
lodging facility built in the Grove/Tateville area with a 24-hour
restaurant.  Only railroad employees would stay at the new facility.

Cincinnati crews would also go to Grove/Tateville instead of staying in
Danville except for 375 and 61A or any trains routed to Louisville.

Crews on trains from Louisville routed to Cincinnati or from Cincinnati
routed to Louisville would stay at the Country Hearth in Danville.
The BLET and UTU General Chairman were in Knoxville today, 01/15/10,
meeting with Labor Relations about these changes.  The jobs from
Louisville to Grove would be based on equity to be worked out between
the General Chairman from the BLET and UTU and the company as would be
the jobs from Cincinnati to Grove, Knoxville to Grove and Chattanooga to
Grove. The remaining four home terminals would be:  Louisville, Cincinnati, Knoxville and Chattanooga.
All of this information is from a proposal and subject to change.
 

Disability Insurance Premium Catch Up

 

There was a deduction mistake in regards to the UTU Group disability policy that begins on February 1st.  The UTU International reported that 3 Locals (out of all the UTU Locals) failed to have premiums deducted from the last pay period.  It just so happens that our Local was 1 of the 3.  To correct this problem, each member will pay a 1 time double premium on their next deduction.  Is essence, all that has happened is that each member kept their first premium for 30 days and will pay 2 months at once.  If you have any questions, please bring them to the February meeting.  When asked why the mistake was made, UTU International Auditor Brantley said it was either the International's or Norfolk Southerns fault.  He said this whole process has been a learning experience and they are working hard to solve any and all problems.  We appreciate your patience. 

 

UTU 1328 Member Up And Coming Rap Star?

 

UTU 1328 member Andrew Jackson has been recording music for some time.  He has now filmed a music video for the song "Give It To Me" and you can view a snippet of the video below.  We wish Andrew "20 Bill" Jackson luck with his music career.

 

Alternate Legislative Representative Keith Wallin Contacts President Futhey Over Health Care Reform

 

Dear Mr. Futhey,

The recent talks in Washington about taxing union health care benefits has me very worried.  The President met with union leaders yesterday and Richard Trumka made some comments that  suggested  the unions were leaning toward accepting a tax on benefits!  This can not be acceptable!  I have supported health reform from the beginning but being punished for my union membership is not acceptable. Working families have been sold out in this country for years and this would be another failure from our government!

How does the UTU   feel about our benefits being taxed?   If you could send me any comments about the recent talks with President Obama on taxing our benefits  the members of Local 1328 would appreciate it!

Thank You,

Keith Wallin

 

Health Care Reform National Call In

 

 

Greetings,   Health Care Reform Campaign National Phone Blitz on Congress Wednesday, January 13, 2010   As we reach the finish line in our fight for national health care reform, we are calling on union members nation-wide to deluge members of Congress with phone calls demanding reform that works for working families.  WHAT:  A national phone blitz by union members nation-wide and our coalition partners calling on the U.S. Congress demanding reform that really works for working families.  WHO:  All of us -- national, local union leaders, activists and members, state federation, central labor and building trades council leaders.  Let us know you’re in by signing up at:   http://spreadsheets.google.com/viewform?formkey=dENfdGJENW1jMS03UjdGWVpTOVhCUXc6MA TOLL FREE DIAL-IN:       1-877-3-AFL-CIO / (1-877-323-5246)  MESSAGE:    “We need you to stand strong for working families by voting for health care reform that:  DOES NOT tax our benefits Requires employers to pay their fair share Includes a public health care option” WHEN: All shifts (24 hours) Wednesday January 13, 2010  HOW:  National mobilization at worksites, union meetings, phone banks and by our coalition partners. Download the flyer, fact sheets and other materials at:           http://www.workingfamiliestoolkit.com/ CONTACT:   Katie Gjertson 202-637-5166 kgjertso@aflcio.org or Scott Reynolds, 202-637-5226 sreynold@aflcio.org       Visit the web address below to tell your friends about this.  Tell-a-friend!   If you received this message from a friend, you can sign up for Kentucky State AFL-CIO Activist Center.   This message was sent to dlmiracle@gmail.com. Visit your subscription management page to modify your email communication preferences or update your personal profile. To stop ALL email from Kentucky State AFL-CIO Activist Center , click to remove yourself from our lists (or reply via email with "remove or unsubscribe" in the subject line).

 

Christmas Party

 

The Local would like the thank everyone for their behavior and participation in the Christmas Seminar and    Christmas/Dinner. The turnout was good and well behaved.  Thank You!

 

Constitution Amendments

 

The delegates voted (96% in favor) to amend the following articles of our constitution:  2, 6, 10, 11, 12, 19, 21, 22, 32, 36, 37, 38, 41, 57, 59, 63, 64, 66, 73, 83, 91, 93, 96, 97, 98, and 99.

December 2009

Legislative Representative Has New E-Mail Address

 

Brian Brock's email address has changed.  He can now be reached at brianbrock@bardstowncable.net.  Please update your records.

 

Recent Delegate Vote

 

At the request of UTU International President Mike Futhey, UTU Local 1328 has voted to remove all references to Canada from the UTU Constitution.  If you have any questions, please save these for our regular monthly meetings.

 

General Manager Meeting

 

Story:  The long awaited General Managers meeting is currently on hold due to an illness in the General Chairman's office.  It has yet to be rescheduled but will be in the very near future.  The purpose of this meeting is to address various issues in Louisville and the Louisville District such as harassment, injuries, intimidation, FRA violations, etc.

September/October/November 2009

UTU Job Protection Insurance

 

Be advised that our Local fully endorses UTUIA job protection insurance.  We understand the premium is higher than the competition, but UTUIA almost always pays.  If you explore other avenues, please keep enough UTUIA to survive in case you are disciplined.  It makes your life easier, and lets the Local Chairman properly represent you in case of an accident instead of taking alternate punishment to avoid lost time.  UTUIA has proven itself in Louisville and we hope that is the avenue you choose.  Also, to purchase UTUIA job protection insurance, you MUST be a UTU member.

 

UTU Short Term Disability Insurance

 

The long awaited UTU short term disability policy will finally arrive in February.  A couple of highlights:  it will cost approximately $35.00 per month, it is available to UTU members only, if you are a current UTU member there will be no physical or refusal, you must opt out to waive the policy.  All policy details will be available at our November meetings.

 

Injury Seminar

 

Friday December 11 from 1-4 p.m. at Tuckers Restaurant, the law firm of Wettermark Holland & Keith will present an injury seminar.  All spouses and families are encouraged to attend.  The presentation will begin precisely at 1:15 p.m.  There will be a UTUIA representative present.  There have also been invitations extended to the General Chairman, Assistant General Chairman, FRA, RRB, and International.

2009 UTU 1328 Christmas Party

 

The party is currently in its planning stages.  It will be the biggest event we've ever had..  We've got a venue, food, security, and date tentatively scheduled.  It will be totally secure and free of all people who aren't members.  The specifics will be announced in the near future.  

 

UTU Short Term Disability Policy

 

The policy is finally here.  A brief overview is as follows:  $1500 per month after 30 day wait, covers on duty and off duty injuries or illnesses, you can opt out, approximately $35.00 per month, you MUST BE A UTU MEMBER to qualify, if you are a UTU member...there is no physical.  More details to come.  If you know someone who wants this policy and they are in another organization, it is imperative that they join the UTU immediately to qualify for the policy without having to take a physical.

Closing In On 10,000 Hits

 

We would like to thank everyone for their constant loyalty to our home page.  This includes the Membership, their families, International Officers, General Committee Officers, Members of other Locals, and Local Louisville Supervisors.  We thank everyone for their continued support.

 

Railroad Retirement Board Seminar

 

There will be a RRB seminar on October 9, 2009 at the former Executive West.  If you are interested, visit the RRB homepage for details.

August, 2009

UTU-PAC Is Working!

 

President Barack Obama has appointed his second UTU member to national office.  Getting UTU members in positions that can positively affect our membership is crucial.  This can be done by continuing to contribute to the UTU-PAC fund.  The following members are current contributors:  John Allen, Barron Armstrong, Steve Bishop, Brian Brock, Tyrone Campbell, Jim Covert, Phil Culver, Gary Cunningham, Dave Dettlinger, Roy Dunn, Jeff Edwards, Aaron Grissom, Brian Harris, Adam Hobbs, Joel Kintner, Mark Matherly, Mary Milliner, Joe Noe, Shane Ororke, Justin Smith, Shawn Stroud, Nick Taylor, Irv Turpen, Herb Wagers, and John Durbin (Diamond Club Member).

 

Monthly Meetings

 

We have had impressive meeting turnouts the entire year.  We average around 30 members per month.  Although these numbers are impressive when compared to other locals, we can do better.  We have 2 meetings per month and that normally includes free food and drinks (sponsored by the WHK Law Firm).  Spread the work and lets get all of our brothers and sisters to our monthly meetings.  An educated membership is priceless.  Don't wait until its too late to prepare yourself for situations that can arise in the work place.  Get to your meetings! 

Rail Safety Alert (Report Your Local Trainmaster)

The value of detailed documentation can never be understated.

UTU members have been empowered to address the issue of harassment and intimidation though federal whistleblower protection that is written into law.

This protection already has had a positive impact. Recently, an investigation by the Occupational Safety and Health Administration (OSHA), which followed information from a whistleblower, resulted in $300,000 in multiple punitive damage awards against commuter railroad Metro North
 
The UTU Safety Task Force has received many complaints about harassment and intimidation.

Some of the carriers have made a relentless practice of harassment for the sake of productivity, with little or no regard for our members' safety. With your detailed documentation, this will change.

Your report should be made to your local legislative representative and state legislative director, with copies to your local chairperson and other local officers.

Your report should contain pertinent information, such as:

1) Date and time with job/train ID

2) Location

3) Name of carrier official who instructed you to make an unsafe act or safety violation.

4) Statement of the alleged safety violation, including threats, harassment, intimidation or unsafe events directly attributing to this situation.

By your paper trail of documentation, your LRs and SLDs can take the appropriate actions.

The UTU Safety Task Force suggests you familiarize yourself with these procedures in order that we all share a safer workplace.
 
A summary of whistleblower protection under the law follows:

The Law and its Protections:

(a) In General. -- A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done—

(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—
      
       (A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978.
      
       (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
      
       (C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
        
(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
 
(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
 
(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
 
(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
 
(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation;
 
 (7) to accurately report hours on duty.
 
In addition,

(8) A railroad or person shall not deny, delay, or interfere with the medical or first aid treatment of an injured employee. If transportation to a hospital is requested by an injured employee, the railroad shall promptly arrange to have the injured employee transported to the nearest medically appropriate hospital. A railroad shall not discipline, or threaten discipline to an employee seeking medical treatment, or for following orders or a treatment plan of a treating physician. Provided, however, it will not be a violation if the refusal by the railroad is pursuant to the FRA's medical standards regs. or a carrier's medical standards for fitness for duty.
 
Remedies:

(1) In general.— An employee prevailing in any action shall be entitled to all relief necessary to make the employee whole.

(2) Damages.— Relief shall include—

(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;

(B) any backpay, with interest; and

(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.

(3) Possible relief.— Relief in any action may include punitive damages in an amount not to exceed $250,000.

(e) Election of Remedies.— An employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the railroad carrier.
 
(The UTU Safety Task Force was created by UTU International President Mike Futhey in response to a sharp spike in railroad on-duty employee fatalities.

(Members of the task force are: Arizona Assistant State Legislative Director Greg Hynes, chairman; Arkansas State Legislative Director Steve Evans; Michigan State Legislative Director Jerry Gibson; and Arizona State Legislative Director Scott Olson.)

View the Safety Task Force interactive Web page at:

www.utu.org/worksite/rail_safety_taskforce/safety_taskforce_home.htm

July, 2009

International Vice Presidents Removed From Office

Click on the link to read the story:  http://www.freewebs.com/savetheutu/Executive%20Board%20Hearing%20of%20Charges/UTUExecutiveBoardDecision.pdf

 

Former NS Engineer Skip Willen In WHK Commercial

http://www.utu1328.com/video/Testimonial%204%202008.mov

Article 12 Amended

 

By a delegate vote of 356-58, article 12 of the UTU Constitution has been amended.  This amendment will allow the International to continue to pursue the short term disability policy for the membership.

Transfer Grievance/Time Claims

 

It has been past practice for the interchange with the CSX here at Louisville to be divided into equity portions. The CSX handles it from January 1 thru June 30 and NS handled it from July 1 thru December 31.
The Carrier has taken the position that they are GIVING their portion of the equity away here at Louisville from July 1 thru December 31. Thus, July 1 the CSX will continue to interchange. This violates the equity portion of the interchange agreement.

Beginning July 1st, the first out switchman and engineer on the yard boards at the time of interchange need to turn time in. This is going to be a tedious task keeping track of this and who it 1st out but this is the ONLY way to combat this. We need to help each other out and keep track of this. The timeslip should be for an eight (8) hour claim for not called in turn (NO). It should read:

"Claiming eight (8) hours at pro rata for not called in turn. The division of equity established in 1982 between the CSX and NS allowed for 6 month intervals between the Carriers. The NS portion is from July 1st thru December 31. The Carrier allowed CSX to continue to interchange during this period without establishing an assignment here to do the work. I was first out and rested on (applicable board-switchmen or engineer) at ( actual time ) when the CSX interchanged into (track number)."

It will probably be easiest for Market Street to track this information. It going to be a real pain to monitor this and convey the information but it is our only avenue at this time. What we don't need to do is not turn time in. That is exactly what the Carrier wants.

UTU PAC Fund

 

If anyone is interested in donating to the UTU-PAC fund, please contact Legislative Representative Brian Brock or his Alternate, Keith Wallin.  We currently rank fourth in member donation average in Kentucky.

 

New Members

 

Please welcome our two newest Local members, Rick Fessel and Chris Woods.

 

Golf Scramble

 

In the near future, all golf scramble team captains will receive an email confirming their teams participation.  As a reminder, if you are a member, and not on a team, you WILL NOT be allowed onto the golf course.  There are limited carts and none will be available for joy riding.  All team captains will be responsible for the teams behavior.  If someone on the team is out of line, the entire team will not be allowed to participate in the future.  These provisions are in place due to behavior from the past.  As a local, we must protect the membership.  We hope all participants have fun!

June 2009

Golf Scramble Swag

 

Each railroad employee that golfs in our scramble will receive a Wettermark/Holland/Keith & UTU Local 1328 T-shirt.  We are also hoping to have visors for EVERY golfer.  Check out our message board for updates.

 

Section 6 Notices

 

Section 6 notices must be in the General Chairman's office no later than July 31, 2009.  Please go to our message board or contact your local chairman for suggestions in regard to contract changes. 

 

LR Brock's Safety Committee Proposal

Gentlemen,

The UTU local #1328 wishes to propose our goals for representation in the company

safety committees. Our members voted to have select members from the UTU attend the

safety meetings to better voice safety concerns.

The protocol would be as follows:

· Legislative Representative and Alternate to attend all meetings (if scheduling

permits)

· Three road members for the road meeting if possible (one engineer, two

conductors: one through freight, one local)

· Three yard members for the yard meeting if possible (one engineer, two

switchman: one main yard, one fairgrounds)

· The six members will be selected and rotated accordingly by the local.

· Members would only serve three month long terms and not consecutively.

· Member attendance would be staggered in the beginning to allow novice

members to serve with proficient members.

o 1st meeting John Doe

o 2nd meeting John Doe, Jane Doe

o 3rd meeting John Doe, Jane Doe, Tom Doe

o 4th meeting Jane Doe, Tom Doe, Sarah Doe

· Members would attend safety meetings to report concerns and address issues not

to participate in any other activities (painting ties, safety audits, crossing blitzes)

As long as these goals are met any other person the carrier wishes to invite will be okay.

Please contact me as soon as possible with a decision, so that I may began to contact the membership.

Scramble Almost Full!

There are currently 2 spots left for the UTU 1328/WHK Golf Scramble.  These are reserved on a first come first serve basis.  If you want to play, sign up immediately.

 

T-Shirts At Golf Scramble

 

In addition to the cash prizes that are normally paid at our golf scramble, there will also be trophies, and T-shirts (railroaders only) issued.  Please email Joel Kintner with the t-shirt sizes of any railroader on your golf team. 

We're asking FRA to ban all one-person crews

A petition for an emergency order prohibiting the use of one-person operating crews, including remote control operations, has been filed with the Federal Railroad Administration by the UTU and the Brotherhood of Locomotive Engineers and Trainmen. UTU International President Mike Futhey and BLET National President Ed Rodzwicz signed the petition for the emergency order. The request for the FRA emergency order applies to all train operations, including conventional and remote control yard switching operations.

Although the UTU has collective bargaining agreements in force with most railroads requiring at least one conductor on each train start, there currently are no federal safety regulations prohibiting use of one-person crews in yard or road operations. One-person crew operations "have been nothing more than the industry's attempt to reduce operating costs to increase profits, at the expense of worker safety," says the UTU and BLET petition seeking the FRA emergency order.  The FRA is told in the petition, "The evidence shows that no conditions exist where a lone engineer or remote control operations are safe." The need for such an emergency order, says the UTU and the BLET, is demonstrated by a May 10 accident on CSX in Selkirk, N.Y., which killed UTU-represented conductor Jerod Boehlke, who was working alone and using a remote control device. "The workload associated with [remote control operations], while performing other safety critical tasks, demands too much of a single individual, including loss of situational awareness," says the petition.

There are numerous incidents of accidents, injuries and fatalities where railroads utilized one-person crews, and the injuries and deaths caused by remote and single-crew operations "have continued unabated since its inception in the early 1990s," says the petition. "This has been caused in part by the inaction of the FRA to a number of petitions filed both by the UTU and the BLET for emergency orders to prevent such operations. The petition says that while the FRA has reviewed the safety aspects of one-person crews, it "has really done nothing affirmatively to assure the safety of the employees in such operations."

The UTU and the BLET also take "strong issue" with FRA conclusions that the safety records of remote control and conventional operations are "basically the same."  Pointing to a 2006 FRA report entitled, "Safety of Remote Control Operations," the petition for the emergency order says, "We believe FRA cooked the books here. Most of FRA's erroneous figures resulted from the formulas used for calculating the statistics. For example, by using the number of hours worked instead of FRA's use of yard switching miles for determining the data, the accident rate was 2.3 times higher for RCOs."  An emergency order prohibiting the use of one-person operating crews, including remote control operations, would take effect immediately upon issuance by the FRA. Click here  (VISIT UTU.ORG FOR THE LINK) to read the petition for the emergency order.
 

New UTU 1328 Message Board

 

Please check out the new UTU 1328 message board (tab on the top left of home page).  A member must sign up before posting.  This is another avenue to get information, etc.  We ask that all members be respectful when using the message board.  

Please Utilize Your Local Chairmen

 

If you have a problem of any sort, contact YOUR Local Chairman.  Present your issue to your Local Chairman (in a timely manner) and give them the opportunity to rectify the situation.  Please follow up with your chairman if you aren't satisfied with how the issue was handled.  Always remember that time claims, grievances, START issues, investigations, etc...are time sensitive.  Using our Local Chairman is imperative to the capability of our local's ability to represent the membership.  Also, if an officer is furloughed, he/she is still responsible for handling the office they were elected to.  Don't use that as an excuse for not contacting them!

 

Early Quits/Minutes/Customer Service

 

We would like to emphasize the need to work by the rules, stay on duty for at least 7 hours, take our lunch break within the prescribed time, and always service the customers.  Local management is evaluated in the following ways:  LOPA failures, RVD's, connection times, and injuries.  Don't work through your lunch period to help your supervision look good.  If you think you are injured, don't avoid a form 22 to make your local supervision look good.  Local supervision are performing rule checks at an all time high, they are sending charge letters out at record paces, and are constantly looking for ways to furlough more of our brothers and sisters.  DO NOT help them do this to us!  Supervisors know that they are abundant and easily expendable.  They are scrambling to validate their existence.  Don't assist them!

 

Agreements

 

President Culver is currently attempting to get 4 cases of "blue book" agreements from the General Chairman.  If you do not have a copy, please email your local chairman.

 

Dues Increase

 

GCA 898 dues will be raised $2.25 immediately.  If you have any questions, email Secretary & Treasurer Kintner for clarification.

Article XII Change (Furloughs)

 

The General Committee and Labor Relations have agreed to suspend application of Article XII of the 1985 UTU National Agreement until October 31, 2010, for those employees furloughed on or after October 1, 2008.  Article XII (Termination of seniority) - The seniority of any employee whose seniority in T&E service is established after the date of this agreement and who is furloughed for 365 consecutive days will be terminated if such employee has less than 3 years of seniority.

FMLA Settlement Ordered

 

The nation’s four largest railroads have been ordered by a three-person arbitration panel to pay a basic day's wage to each employee who was required by the carrier to substitute paid vacation and/or paid personal leave for unpaid leave allowed under provisions of the Family Medical Leave Act (FMLA).  Carriers affected are BNSF, CSX, Norfolk Southern and Union Pacific. Other carriers, however, are expected to abide by the ruling. The UTU and 11 other rail labor organizations pursued the successful arbitration decisions.
To qualify for payment from the carriers under this binding arbitration award, employees must have filed a timely are procedurally valid request for unpaid leave under the FMLA. The carrier payment will be at the then-effective straight time rate, and for each day the carriers improperly required the substitution of paid vacation and/or paid personal leave time for unpaid FMLA leave.  Said the arbitrators:  "What grievants lost was a contract right of significant value. The right to time one’s vacation and, to perhaps a lesser degree, personal leave days, is a hard-won right of railroad workers. The carriers’ actions deprived them of paid vacation time when they would be free of FMLA-type concerns and paid personal leave days when they needed them to address important personal obligations. They also lost the benefit of consecutive vacation days that the parties’ agreements provide. Our purpose is to provide compensation for those losses."  In December 2008, the same three arbitrators ruled unanimously that BNSF, CSX, Norfolk Southern and Union Pacific must halt that practice effective Dec. 22, leaving for this decision, issued June 8, the monetary remedy to be invoked. The arbitrators had found in December that those four railroads had been ignoring collective bargaining agreements and the FMLA in an attempt to maximize employee availability. Other carriers are likely to abide by the arbitration rulings.  Under the FMLA, employees may elect to take up to 12 weeks of unpaid leave to deal with a family emergency, or a personal serious health condition. Based on carriers' blatant violation of the law, the UTU and 11 other rail labor organizations challenged the carriers, leading to these two arbitration awards.  In their December 2008 award, arbitrators John E. Sands, William H. Holley Jr., and Jerome H. Ross said that collective bargaining agreements guarantee employees "a set number of paid vacation days" annually, with management restricted from administering the granting of guaranteed vacation days. The arbitrators also ruled that collective bargaining agreements similarly guarantee paid personal leave days. The arbitrators cited a long history of other arbitration awards and court decisions backing their ruling that, "On the entire record before us, we must sustain the unions' position and find that the carriers' policies at issue to substitute paid vacation and/or paid personal leave for unpaid FMLA leave do violate the requirements of the national vacation and/or national personal leave agreements."  Affected employees should contact their general chairpersons with questions relating to their own eligibility and the timing of payments by the carriers.
 

Loss Of Transfer Job Grieved

 

Local Chairman Phil Culver has grieved the elimination of the Louisville Transfer job (July 1-December 31) to the Division Superintendent.  Per the agreement, The Carrier must consult with the General Chairman before a change, such as this, is made.  The Carrier failed to do this.  The Local is currently awaiting a response.

Louisville Yard Assignments Re-Advertised

 

Below is a list of the new Louisville Yard Assignments.  Bulletin date is currently unknown.

Sun      Mon      Tue       Wed    Thu       Fri        Sat

TL01     x          x          x          x          off         off         x          no change        

TL03     x          x          off         off         x          x          x          no change

TL05     off         off         x          x          x          x          x          no change no relief for 05 on Sun

TL06     off         x          x          x          x          x          off         no change no relief for 06 on off days

TL07     x          off         off         x          x          x          x          Off days change from We-Thu to Mon-Tue

 

TL20     x          x          x          off         off         x          x          Off days change from Su-Mon to Wed-Thu

TL22     x          x          x          x          x          off         off         Off days change from Sa-Su to Fri-Sat

TL24     x          x          off         off         x          x          x          Off days change from Wed-Thu to Tue-Wed

TL26     x          x          x          x          off         off         x          no change        

TL27     off         x          x          x          x          x          off         no change

 

TL40     off         off         x          x          x          x          x          Job will be put back on with Sun-Mon off

TL42     x          x          x          off         off         x          x          Off days change from Thu-Fri to Wed-Thu XBD will cover on Wed

TL43     off         off         x          x          x          x          x          Off days change from Sa-Su to Su-Mon

TL46     x          x          x          x          x          off         off         Off days change from SA-Su to Su-Mon

 

TL60     off         05         03         03         01         01         off         no change but the computer will need to show working 05 on Mon

TL61     off         07         07         20         20         22         off         change to work 2 days and 3 seconds

TL62     off         off         24         24         26         26         22         Will work all seconds with 2 at Fairgrounds

TL63     43         43         off         off         42         46         46         Will work all thirds but 2 will be at Fairgrounds

TL64     Abolished               

May 2009

JOBS AVAILABLE ON ALASKA RAILROAD

The Alaska Railroad, on which the UTU represents both sides of the cab, is hiring up to 10 brakemen this summer to handle its seasonal tourist trains. Furloughed UTU trainmen interested in pursuing an opening on the Alaska Railroad should contact UTU Local 1626 in Anchorage for more information. The e-mail address is: utu1626@gmail.com

 

New "Hours Of Service" Final Ruling

 

Click here to view new Hours Of Service (CFR) final ruling. 

 

NS Has Huge Profit First Quarter 2009

 

For Immediate Release - April 21, 2009  
NORFOLK SOUTHERN REPORTS FIRST-QUARTER 2009 RESULTS :               
*  Railway operating revenues were $1.9 billion..                    
*  Income from railway operations was $383 million.                 
*  Net income was $177 million.                                     
*  Diluted earnings per share were $0.47.                           
*  The railway operating ratio was 80.3 percent.         

Jury Awards $10.9 Million In Railroad Lawsuit

A Clarke County Circuit Court jury awarded Friday five plaintiffs $10,948,250 in compensatory and punitive damages stemming from a 2005 accident involving a log truck and a Norfolk-Southern Railway train at the Walker Springs crossing following a lengthy two-and-a half week trial. All of the judgments were against Norfolk-Southern. Dexter Grandison was awarded $6 million in compensatory damages. Grandison, of Selma, was a conductor on the train involved in the accident and was the first to file suit in the case, suing under the Federal Employers Liability Act. Grandison's attorney, Joel Alexander, said his client had surgery for injuries and remains on morphine for pain. Plaintiff attorneys charged two major issues in the case. One was the railroad's habit of parking rail cars on a siding south of the crossing that plaintiff attorneys claimed could obscure the view of an oncoming train and did hide the train that hit driver Ronny Johnson's truck on Feb. 14, 2005. The other issue was the fact that the crossbuck sign, the traditional "X" that indicates a railroad crossing, was only 12 feet from the track when railroad regulations say it should be 24 feet.
Alexander said railroad employees maintained in sworn affidavits prior the trial that the sign was at the proper distance and it wasn't until the trial was well under way that they admitted otherwise. Then, the sign was moved, as the trial was in progress, to the proper distance, something the plaintiff attorneys repeatedly noted to the jury afterwards. Johnson, the truck driver, was awarded $1.5 million in compensatory damages and $3 million in punitive damages. Mac McCorquodale of Jackson, one of Johnson's lawyers, who expressed appreciation to the jurors for being attentive during the lengthy trial. He also thanked Judge D. P. Scurlock for doing an "extraordinary job" of presiding over the case that involved many lawyers and parties as well as a number of witnesses and exhibits. "We sincerely believe it was a just verdict and will result in improvement of conditions at the Walker Springs railroad crossing," McCorquodale said. Kim Johnson, Ronny Johnson's wife, was awarded $250,000 in compensatory damages. She was not involved in the accident but sued for loss of consortium because of her husband's involvement. Gail Rolison was awarded $68,250 in compensatory damages for lost income and Rolison Trucking Company was awarded $130,000 in compensatory damages for the loss of the truck. Other attorneys included Jeff Kirby and Chris Cochran for Grandison; Michael Comer, Dennis Henry, Joseph Ponder and Jeff Utsey for Johnson with Utsey representing the Rolisons' interests.
Representing Norfolk- Southern were Steve A. Tucker and John Graham, both of Birmingham, and Ronnie Keahey of Grove Hill. Tucker said he plans to take necessary steps to have the verdicts set aside (Ha Ha).

Drug Testing Observation

 

Burlington Northern Santa Fe Corp. and transportation unions lost their challenge to a federal rule requiring airline and railroad companies to observe urine collections for employee drug tests. A U.S. appeals court said Friday that the Transportation Department acted within its authority to order that someone observe the urine collections as a way to cut down on drug-test cheating. “Although we recognize the highly intrusive nature of direct observation testing, we conclude that the regulation complies with the Fourth Amendment”; prohibition against unreasonable searches, a three-judge panel of the U.S. Court of Appeals for the D..C. Circuit ruled. The Transportation Department sought to impose the rule last year on workers at railways, airlines, pipelines, motor carriers and mass-transit agencies, saying the tests can be circumvented through steps such as using fake driver’s licenses. The legal challenge put on hold the part of the policy that applied to workers returning to duty or taking follow-up exams after previously testing positive. “We felt the new requirement didn’t appropriately consider an employee’s privacy”, said Suann Lundsberg, a spokeswoman for Fort Worth-based Burlington Northern, the biggest U.S. railroad by revenue. “While we’re disappointed with the court’s ruling, we certainly agree that drug-testing programs are important to transportation safety.” Lundsberg said the company is reviewing the court’s ruling and “will be considering our options and conferring with the union representative of our employees.” The rule calls for a person of the same gender to observe the collection of urine. Most workers currently tested are men, while most of those who collect samples are women, rail and airline trade groups said. The gender divide was previously inconsequential because observation was required in only a few cases, they said.

CSX Employees Message Board Opinion Of Recent RCO Fatality

--This Post Was Taken From A Popular Internet Message Board And Is In Regard To The Recent RCO Fatality In New York--

Post:

This is not going to be short, but it should cover the topic that the media and CSX have ignored.

The track where the fatality occurred was filled with garbage cars carrying solid waste. What one has to understand is that these cars, by nature, are a trainman's worst nightmare when switching and coupling is involved. They are long freight cars, as opposed to your standard boxcar. They usually smell bad. They are often dripping waste and after a heavy rain, stormwater collects and sloshes from them. The drawbars, the part that the couplers are attached to, are very long and move laterally to the point that they often need to be straightened out, which involves getting between the cars. The knuckles do not always match up and they can cross rather easily. It is not uncommon for them to have extensive hump damage. For this reason, Conrail used to shove them the hump over in solid blocks, or not hump them at all. Not so with CSX.

At any rate the rumor mill is at full speed in Selkirk.

It has been less than one year since these remotes were implemented in the class yard in Selkirk. Jared was killed less than three weeks before his 9th anniversary on the railroad with CSX. Jared was not the kind of employee you would expect to get coupled to death between freight cars. He was not one of those guys that I would consider a cowboy. He did not recklessly fly around all over the place, running for a quit. He used air on the cars, as required. He climbed on and off equipment properly using the grab irons and platforms. He did not get on and off moving equipment. He performed all required tests and did not cut any corners. If ordered to, he would not attach his signature to an inspection sheet for the calendar day inspection on his locomotive without performing all the required tests and inspections. He would not sign off on a defective locomotive. He wanted to get the work done, but he wanted to go home to his family at the end of the day.

There are rumors flying around all over the place. One rumor is that another conductor was told to replace the knuckle a week ago Friday on May 8th. He was emphatic and said no. So the powers-to-be waited until they had an opportunity to order someone like Jared who was less likely to make a stink about it. The best rumor yet is that the NTSB went looking for the tapes of the radio transmissions on that day, Sunday, May 10th Mothers Day, and that CSX does not have any record of them. Or that they were so CONVENIENTLY lost or destroyed.

Everyone wants to get the FRA involved, but as far as I am concerned, they are a part of the problem, not the solution. Ironically, Jared was involved in a situation a few weeks ago in which the FRA helped seal the nail on his coffin. We had an incident in April where a utility trainman assisted Jared with a car that had defective brake rigging hanging off one end the car. The rigging needed to be removed as the car was unsafe to move the way it was. The car department was dispatched and arrived on the scene with a cutting torch. The utility trainman had a briefing with the car department, and they agreed to let him use the torch on the car, so that Jared could move it safely without damaging any tracks or equipment. Whether you agree with this or not, and I do not personally, as I feel it is crossing crafts, this is what was done. The FRA just so happened to be on site at the time, unbeknownst to Jared and the utility man and the car department, and they took exception to a utility man crossing crafts, and also fouling equipment. Since that day, utility trainmen have not been allowed to assist in any way that involves fouling equipment, which would include changing a knuckle.

So as far as I am concerned the FRA is useless in getting involved. They are no better than the carrier who implemented the remotes to begin with. The FRA knows that the remotes are not as productive and safe as having a qualified locomotive engineer on the head end. They go so far as to review remote operations and use the excuse that since the technology is still new, the operations will be revisited and reviewed. The FRA gives "guidelines" and "suggestions" such as not riding freight cars and hanging off moving equipment with the RCO box, but stops short of actually making implementation mandatory by the carriers. Instead, the FRA leaves it up to the remote control operator's "discretion." They may as well be in bed with the carriers.

Then you have the corporate spin doctors. Clueless lackeys like CSX spokesperson Bob Sullivan who claims "no action is ever taken without safety being the first and foremost priority." They seem programmed to say this stuff. This is almost laughable because what it really comes down to is money and not safety on the part of CSX. They have eliminated a locomotive engineer on each yard job, saving thousands over the course of the day in a big class yard like Selkirk or Waycross. CSX's corporate attitude is seemingly: So we have a fatality or major injury once in awhile? The remotes pay for themselves over the course of time!

The remotes DO work. To say that they do not would be fallacy. However, what they do NOT do is work WELL. At best, they work with a fair degree of mediocrity when used on the hump. In the class yard? Forget it. Maybe 50% to 60% as effective as having a locomotive engineer on the job.

By their very use, a remote control box adds the additional duties once held by a locomotive engineer and gives them to the trainman on the ground. The railroad has set up "zones" where each locomotive and operator works exclusively so as to avoid having to have a man on the head end or in the locomotive. The locomotive is set up with GPS to communicate with electronic transmitters (or "pucks" for those of us in the know) placed strategically on the tracks to stop it before it leaves the yard, and to regulate the distance it can go while switching.

What remotes do NOT do is respond to the controls and control a locomotive as safely and effectively as a qualified and certified locomotive engineer. And no matter what the carrier says with their smoke-and-mirrors show, there is simply no substitute for having a qualified locomotive engineer in the cab of that engine to control it and prevent it from moving.

How many times do we remote control operators have to select a direction (forward/reverse), hit the vigilance button and select the speed/throttle position only to get a "speed selector pressed without vigilance button" error message? This error message (which indicates that you have failed to hit the vigilance button prior to selecting a speed) comes up countless times in the course of the shift when you actually HAVE done it properly, stranding you for several seconds each time it happens, further slowing down productivity. How many times does the box get knocked into neutral while riding cars, immediately stopping the movement? Or you inadvertently lean on the power button while riding a car, effectively turning off the box, stopping the movement, completely unplanned? How about thinking, "Wow, this seems a bit fast," and you look down and see that the speed you had it in, like 7 mph, has been accidentally knocked up to 10 mph, or God-forbid, 15 mph.

Never mind the fact that changing a knuckle should be performed by a car inspector when they are available and on-duty at the same supply point. In fact, as mentioned, it was the geniuses at the FRA who decided that utility trainmen - despite the fact that they can attach themselves to a crew to assist, even so far as taking over the remote control box - could NOT foul equipment in order to assist in changing knuckles. Instead, the FRA mandated that responsibility (fouling equipment, changing knuckles) belonged solely to the remote conductor and not another member of the crew. It was also the geniuses at the FRA who declared that removing the vest with the box, or turning off the box was a de-certifiable offense. Unfortunately, I will tell you from personal experience that the assistance of a utility trainman and setting the handbrake on the engine and then dumping it (initiating an emergency brake application) and turning off the box, "short-terming" the engine and taking off the vest is BY FAR THE SAFEST WAY TO CHANGE OUT A KNUCKLE WHEN ORDERED TO DO SO. But it is ILLEGAL. This is a failure on which the burden can be equally shared by CSX and its operating rules department and also the FRA. Both parties should know better.

That a fatality should have arisen from this is absurd. That a company officer with minimal railroad and operating experience would order a seasoned employee who asked not once, but twice for assistance, to do something this grievous when there were mechanical forces on-duty is unacceptable.

For those of us who have changed 75 pound knuckles before, we all know what a challenge it can be - even with two people. Alone is even harder. Now try doing it wearing the box.

For those of you that have never been up close and seen remote control operations, it is something else.

The "operator" or whatever you want to call the person at the controls, has a vest, belt, or harness around his/her shoulders and/or waist with an eight pound remote control box the size of a shoebox attached to your belly or groin area. Changing a knuckle, you want to have your arms and torso as close to the knuckle as possible, due to its weight and density. Wearing the box, you may as well be pregnant - it is almost impossible to get close enough to effectively replace the knuckle.. You are like a bull in a china closet wearing that thing.

In addition to tasks like climbing on and off equipment, lacing air hoses, setting and releasing handbrakes (both conventionally and with a brakestick) it is fairly easy to knock controls around to the point that you wind up doing one or more of the following:
Lean against the "vigilance toggle switch" - similar to an alerter and also functions as one, but is also required before selecting a speed or acknowledging and resetting a penalty brake application.
Lean against the "direction toggle switch" - forward-neutral-reverse
Hit the dial on one side resulting in various independent brake applications - minimum, low, medium, full, emergency
Hit the dial on the other side resulting in various speed/throttle positions - stop, coast, couple (1-2 mph), 4 mph, 7 mph, 10 mph, 15 mph (we are not supposed to use 15 mph)

Ask some remote control trainmen how many times they looked at the box after lacing an air hose or setting a brake and noticed that the box had some sort of independent brake application, or the direction was changed, or the speed selector had changed and the engine was starting to move and the change to the controls was not intended. Then ask them if they would have noticed that anything had changed in time to prevent an injury or damage if they had not actually look down at the box in time to notice what had happened. Their hearts will go into their throats.

On a side note, some idiot reading this will be stubborn enough to approach the carriers and the designers of the RCO equipment and tell them that they can improve things and make remotes safer. I contend that the only thing they are doing is building a better mousetrap, and the employees are the mice.. Again, it is all in the interest of saving a buck. When was the last time your boss doubled your workload? Did it make you more effective and your work easier? This is not a toy train set. Would you give an air traffic controller with no flight experience a crash course in avaition and remote control to fly a plane full of passengers?

In the absence of a utility man or some other employee, when changing a knuckle (all the while tethered to controls that could inadvertently be operated, however unintentional and thus moving a locomotive which should not be moved), whether the equipment is separated by 20 feet, 50 feet, or 500 feet is immaterial since rolling stock often moves quietly. Wait and see, though. Because this is probably the nonsense that CSX blows up your behind that contributed to the whole thing: he did not have the required space between the equipment. They will also tell you that remotes are about safety and not money. They will probably even have the talking-head that is Michael Ward come out and say something, because he is about the only company officer who is respected enough and recognized by the general public and stockholders.

Perhaps the company will come out and say nothing at all, instead choosing to sweep this one under the carpet. This is the course that they appear to be taking, as the incident has not been discussed in any way, shape or form on the Gateway or CSX.com. Mike Ward's weekly message rambles on about how we can save him money by shutting down locomotives to conserve fuel. I think there was also an announcement this week about some bag of hot air flying up to NYC for a powwow with Wall Street and the stockholders. Here's a big hint, how about having him take a side trip to Selkirk to apologize? No. Instead we get no acknowledgement, no discussion. No empathy, no compassion. My goodness, even last month, when that CSX salesman went postal down in Maryland and took out his family CSX had an announcement on its website. But now, their corporate silence is golden. This silence and negligence is an insult to the intelligence of CSX's employees, the general public, the stockholders, and most of all, Jared's family, friends, and coworkers. Knowing the kind of guy he was, Jared was the last person any of us would have expected this to happen to.

CSX is an excellent example of the type of company that has helped contribute to the current financial crisis our country is in. They hemorrhage money left and right because they will not take common-sense suggestions of people who genuinely want the company to succeed and can see the potential that it has: its workers. It cuts their jobs, implements questionable cost-cutting procedures under the guise of safety, yet remains top-heavy with highly compensated fatcats. If performance has been that poor, then perhaps the high salaries, bonuses, stock options, company vehicles and expense accounts should go right out the window. Maybe I am missing something, but do we REALLY need an AVP of Locomotive Management AND an AVP of Locomotive Distribution? Departments that have several people with the title of Director?

As discussed above, the most likely scenario is that, after being ordered to do so, in the futile attempt to change out a knuckle with the box on, he inadvertently bumped some switches and levers on the box which caused the engine to move, effectively coupling himself between the equipment.

It is a sad day when a man dies because the company he works for is REACTIVE instead of PROACTIVE. It is sadder still that his poor wife and little girl will never see him alive again.

The fact remains that as long as that box is on, its control and operation should be primary in order to ensure that both operator and equipment are protected. Anything else, including riding equipment, lacing airhoses, setting or releasing handbrakes, operating cutting levers, and especially changing knuckles now renders operating that box as secondary as the focus is elsewhere. But hey, CSX is doing this in the interest of safety.

Easing The Pain Of Furloughs (By UTU Asst. President Arty Martin)

As a union, we can’t make the economy better, but we always attempt to make life better for our members caught up in the downturn. Many younger members, having left non-railroad employment to take railroad jobs, have now found themselves furloughed, and their hopes for a better future for their families are in a shambles. At the International and general committee levels, we continue to work to protect those affected members and their families, as well as all our brothers and sisters. As reported in the May issue of the UTU News, we are assisting our members in preserving health-care benefits during this economic downturn.

On Delbert Strunk’s Norfolk Southern general committee (GO 687), Strunk convinced NS to suspend a contract clause requiring newly hired furloughed employees to be terminated permanently following 365 days of consecutive furlough. Thus, they will continue to accrue seniority for time on furlough and not have to go through the rehiring process when the economy improves, no matter how long the layoff. In meetings with the National Carriers' Conference Committee, which represents all major railroads, we have asked the carriers to explore productive alternatives to layoffs. We emphasized that short-term economic gains from layoffs could backfire as we approach the peak vacation season and implementation in July of new hours of service regulations, both of which will limit availability of qualified operating crews. One small solution is to find an innovative way to keep furloughed employees on a partial work schedule, which continues their family health-care benefits, Railroad Retirement credits and seniority accumulation. That, we told carriers, is good business, as it lessens the likelihood that younger employees will depart the railroad permanently, triggering, eventually, an expensive search for new hires who have to be trained from scratch. As an example, on Union Pacific, at numerous locations, we have negotiated creation of continuous employment boards, which provide younger employees, subject to layoff, with a minimum of eight days' work per month. These continuous employment boards do not affect operation of any existing extra board. With such boards in place, the younger employees retain full health-care and retirement benefits, and continue to accrue seniority. These workers are able to pursue part-time employment elsewhere, with knowledge that their families are protected, and that when the recession ends, they will return to full-time employment with the railroad. We would like to see this model extended to all carriers. The UP recognized this as good business sense, for history shows that laid-off employees frequently do not return to railroad employment, creating a significant cost to the carrier of hiring and training replacements when business levels return to pre-recession levels. Moreover, given that train and engine service employees work mostly unsupervised, keeping the morale of the workforce at high levels is crucial to providing world-class customer service and ensuring safe operations. Be assured that at the International and general committee levels, we will continue efforts to convince carriers it is good business to provide workers with financial security, which translates to high levels of morale, loyalty and job expertise.
 

Another Railroad Death

 

BETHLEHEM, N.Y. - Officials are investigating a fatal accident Sunday (May 10) in the CSX rail yard in Selkirk that killed UTU member Jerod Boehlke, according to news reports. It is the 12th employee on-duty fatality to occur in 2009. It is the sixth death of a UTU member in an on-duty accident in 2009.  Boehlke died after he was hit by a train in the CSX Selkirk yard just before 7 p.m. Boehlke, 33, was a member of Local 212, Albany.  Boehlke is from a railroad family. His father is a conductor, and a brother, Dave, is a conductor who was on duty at the same time and accompanied him to the hospital. His uncle is a retired engineer, according to New England States Legislative Director George Casey. (Dave Boehlke also is a member of Local 212.) Georgia Boehlke, the victim's grandmother, said this morning (May 11) that the family was grieving for her grandson who has one daughter. The family declined further comment. (This item was compiled from reports from the Albany Times Union newspaper and the CBS 6 News Web site. Additional information was added by UTU editors.)

UTU Local 1328 has learned that Brother Boehlke was removing an EOT from a cut of cars and another job "kicked" a car into him.  A "Remote Control" job was involved. 

Keep Your Brothers And Sisters In Your Thoughts

Please remember that as members of an organization, it is important to "look out for" and support each other. Below is a list of members that are off work injured, furloughed, or disciplined. Lets keep our brothers and sister in our thoughts and prayers: Arnold Baker, Austin Battcher, Craig Blackman, Justin Browning, Bobby Clark, Tom Combs, George Davis, Chad Deckard, Roy Dunn, Jeff Edwards, Alan Ehringer, Mike Ernspiker, Dallas Farmer, Chris Ferebee, Mike Foster, Brian Furman, Steve Greer, Andy Hall, Russell Hofelich, Jeremy Hubert, Chris Kapple, Rick Leiber, Chris Marvell, Jason Peden, Darrin Pellman, David Pfohl, Dusty Price, Robyn Pfahler, Damin Smith, Joey Stilger, Steve Surchik, John Tankersley, Carlis Taylor, Rob Williams, Josh Williams, Brian Wimsatt, and Josh Wright.

Congressman John Yarmuth/Keith Wallin Letter

This letter (dated May 8, 2009) is from Congressman John Yarmuth to UTU 1328 Alternate Legislative Representative Keith Wallin.

Dear Mr. Wallin,

Thank you for contacting me to express your support for the Employee Free Choice Act. I appreciate your views on this important issue and could not agree more.

Like you, I believe all Americans should have the freedom to form unions and bargain for better working conditions. I am deeply concerned about the growing income inequality of today's workforce, and remain committed to helping America's middle class achieve greater economic security. One of the best ways to accomplish this goal is to level the playing field between workers and employers.

As you are aware, the Employee Free Choice Act would allow employees to sign cards authorizing union representation. This would create a fair and simple process for organizing labor unions. The bill would also hold employers accountable, enforcing stricter penalties on any company that violates a worker's right to form a union.

As a cosponsor of this legislation in the 110th and 111th Congresses, I am hopeful the House and Senate will make the Employee Free Choice Act a top priority. I was disappointed that we were unable to enact this legislation last year, but was pleased we began a new movement to protect worker's rights in America. I remain optimistic that we will accomplish our goal this Congress.

Thank you again for taking the time to contact me about this important issue. I hope you stay in touch and keep me informed on any issues impacting you and your family.

Congressman John Yarmuth

 

Update On Extended Rail Unemployment Benefits

Members laid-off from railroad carriers and who have exhausted – or nearing exhaustion – of Railroad Unemployment benefits are concerned as to when the extended benefits enacted into law by Congress will begin to be paid.  The short answer, says the Railroad Retirement Board, is no later than June 30.   The reason for the delay, according to the board, is that while Congress authorized the extended unemployment benefits for rail workers and appropriated the funds, the process for making the payments is different than making so-called normal unemployment benefits.   Specifically, while so-called normal Railroad Unemployment benefits under the Railroad Unemployment Insurance Act are funded solely by the carriers through payroll taxes, the extended benefits are funded solely through a special $20 million appropriation contained in the American Recovery and Reinvestment Act. Before it can pay the extended benefits, the Railroad Retirement Board says it must first “develop, test and implement totally different processing and accounting systems,” and that the effort is “an agency priority.”  In fact, the Railroad Retirement Board sent letters on April 24 to potentially eligible railroaders explaining extended unemployment benefits eligibility, and providing an explanation as to the delay in making the payments.  The most current information is available at the Railroad Retirement Board Web site, in the form of questions and answers about extended Railroad Unemployment benefits. Those questions and answers may be viewed at the following Web address: www.rrb.gov/recovery/faq_ext_ruia.asp.

1st Quarter Railroad Earnings

CSX and the Norfolk Southern released their 2009 1st quarter earnings. CSX reported that they had “a better-than-expected first-quarter net profit, due in part to continued strong pricing”, while the NS said it was “aggressively cutting costs in order to offset the drop in freight volumes." Better than expected, according to CSX, is a 23% drop from 2008 (I would hate to see what they thought a bad quarter would be). Today, Burlington Northern Sante Fe (BNI) and the Union Pacific (UP) will release their 1st quarter earnings, but will Wall Street continue to celebrate their lackluster performance?It is apparent that the Class 1 railroad network had a dismal 1st quarter, however who is really to blame for their sluggish start? Union Pacific, CSX, BNSF, and the NS rolled the dice a few years ago in an attempt to eliminate what they saw as a drain on their budget — their manpower. They experimented with their investors money in an experiment that has failed miserably over the past 3 to 5 years. They threw billions of dollars in the Remote Control Locomotives industry that not only slowed their car count to a crawl, but spent more in technology than they did in a human being with full benefits. The theory of the Remote Control Locomotive (RCL) was good, but the execution and reality was a complete failure. The railroads wanted to eliminate the cost of a locomotive engineer by eliminating the cost of a benefit package, as well as the threat of personal injury lawsuits. However, the investment to eliminate those costs proved to be grossly underestimated. To eliminate the human factor, the railroads poured money into satellites, receivers, on board computers, radio repeaters, RCL boxes (GE, Cattron and Canac), speed pucks, stop pucks, new timetables, switching zones, retro-fitted safety equipment, and countless hours of specialized training. This investment resulted in the estimated cost of $6-8 million per locomotive and had a life span of only 5 to 6 years. When you do the math, the human being that was replaced was actually much cheaper than the sluggish remote control project.  Another problem with the RCL project is that the bean counters failed to realize that reducing the size of a crew would actually result in fewer car counts. CSX, the first Class 1 railroad to release their 2009 1st quarter results, stated that their volume was down across all segments, as construction and consumer-related markets remained weak. We expect that BNSF and the Union Pacific Railroad will say the same. The railroads have become reactive by furloughing employees and taking locomotives out of service. As of today, there is no definite word on the Remote Control Locomotive experiment and the billions of dollars wasted on the failed project.  The first quarter of 2009 is dismal, but Wall Street still doesn’t understand that the problem with the railroad industry is the poor decision making from the executive offices. When the executives finally realized that there are customers who would like to ship via rail, the car counts will increase. When they invest into their workers instead of trying to replace them with a failed RCL program, then their productivity will increase. The executive bean counters need to be replaced by people who actually know how to run a railroad.

April 2009

UTU News Letter

 

UTU Local 1328 made the "around the UTU" section of the UTU News Letter.  Please check out the article.

Engineer Insurance Update

 

The following email was sent out by Billy Thompson(BLET)

Brothers:
As most of you know, following our last contract NS increased their contribution to our STD Plan from $13.00 to $44.00. Because they would not reduce our portion of the premiums below the initial amount we paid ($13.68) we have been paying $10.48 in excess premiums to Lincoln Financial Group (LFG).
Originally we were going to place these excess funds in a trust account for future use for any premium increases. Unfortunately, because of a lawsuit LFG was involved in previously with another group they will not send the excess portion of the premiums to us. They would return it to NS however, after due consideration, the three General Chairmen along with the undersigned and Mr. Taylor from Railroad Marketing (Our Broker) decided to look into increasing the beenfits of the plan with the excess funds and money held in escrow at LFG.  Accordingly, this is to advise that effective April 1, 2009 all locomotive engineers on the eligibility list will have a $50,000.00 Life Insurance policy and two seperate Accidental Death & Dismemberment policies for $50,000.00 and $62,000.00. This Life Insurance is in addition to the $20,000.00 provided for with the H&W coverage under our agreement..  The AD&D policies are in effect for 24 hour coverage wherein the $500,000.00 already in effect with our STD plan only applies when you are being transported in third party conveyance by NS.  We will be providing a (Beneficiary Form) in the near future for all engineers to fill out and return to LFG to avoid any legal issues in case of death.  If we have a rate increase when our plan is up for renewal on January 1, 2010 we will reduce one of the AD&D policies or possibly put out a vote to increase our portion of the existing premiums through payroll deduction.  I hope to put out a letter with more information about our STD Plan. I would ask that all of you post this information at all work locations and send to anyone on your email lists.  If you have any questions please feel free to call me.   William A. Thompson 
 

Annulments

 

This Local has contacted the General Chairman's office to see if there is anything to do to lessen the amount of annulments AND to secure pay for those who lose time because of the annulments.  Brother Cook responded that it is permissible by our working agreement.  We have replied and are waiting on another response..

 

Local Chairmen

 

Story:  The membership of this Local needs to use their Local Chairmen.  If you have a contractual issue, get your Local Chairman involved immediately.  Do not call your Train-master, Superintendent, etc.  That is the job of your Chairman.  If you can't get in contact with YOUR chairman, contact the vice or another chairman..  We need to stop having unneeded contact with Carrier officers.  They are not here to assist you, they are not here to help you, and they are not your friends.  They discipline your brothers and sisters, deny your pay, set banners up at every corner, question an illness when you try to mark off, and think the START policy is something that should be used daily.  After doing all of these cowardice things, the Carrier officers come into our crew room and try to talk about family, friendship, and sports then immediately go right back to their sneaky ways after you go to work.  Our railroad isn't an episode of Bugs Bunny with the sheep dog and the coyote.  It is real life.  We have over 12 members either fired or injured and most were a direct reflection of the Carrier being excessive in regard to discipline or not maintaining their work environment.  The next time you call you supervisor to chat, go out of your way to talk or joke with your supervisor, the next time you think you are doing a favor for the carrier, think about our brothers and sisters who aren't as fortunate.  Lets unite and support our membership.

March,  2009

Know your rights when injured

WASHINGTON -- The Federal Railroad Administration has issued an interpretation of its regulations on employer harassment and intimidation of injured employees -- welcome pointers to help rail workers, injured on the job, know their rights.  The interpretation focuses on situations where a carrier supervisor or other rail official accompanies an injured employee into an examination room. Specifically, the FRA has defined what actions by a carrier official constitutes harassment or intimidation calculated to discourage or prevent the reporting of an accident, incident, injury or illness.  Said the FRA: "49 CFR Pat 225 [of its safety regulations require] each railroad to adopt and comply with a written Internal Control Plan addressing the railroad’s policies and procedures regarding accident/incident reporting. "[The regulation] further requires that such Internal Control Plans include, at a minimum, a policy statement declaring the railroad’s commitment ... to the principle, in absolute terms, that harassment or intimidation of any person that is calculated to discourage or prevent such person from receiving proper medical treatment or from reporting such accident, incident, injury or illness will not be permitted or tolerated. "[M]any railroad employees fail to disclose their injuries to the railroad or fail to accept reportable treatment from a physician because they wish to avoid potential harassment from management or possible discipline that is sometimes associated with the reporting of such injuries. "[S]upervisory personnel and mid level managers in some instances are urged to engage in practices which may undermine or circumvent the reporting of injuries and illnesses.
"FRA is aware of incidents in which a supervisor or other railroad official has accompanied an injured employee into an examination room, or other room in which the injured employee received medical treatment. "Although concerns have been expressed as to the need for a railroad to determine the extent of an employee’s injuries, FRA does not believe that such concerns outweigh the potential pitfalls and problems associated with the practice of having supervisors accompany injured employees while they receive care from their physicians.  "Moreover, physicians are in the best position to evaluate the health of injured employees and the presence of a supervisor during such examinations would not, in most cases, add any value to the treatment of an employee and would, in general, be a distraction to both the employee and the physician."  Thus, said the FRA in its interpretation of its regulations:
"Harassment and intimidation occur in violation of Section 225.33(a)(1) when a railroad supervisor accompanies an injured employee into an examination room, unless one or more [exceptions occur]."
The exceptions, said FRA, occur in "limited circumstances in which it is appropriate, and indeed preferable, for a supervisor to accompany an injured employee into an examination room ... Consequently, FRA recognizes the following limited exceptions:  1) "The injured employee issues a voluntary invitation to the supervisor to accompany him or her in the examination room. The injured employee must issue this invitation freely, without coercion, duress, or intimidation. For example, an injured employee may see the attendance of a supervisor where the supervisor is a friend. This exception does not encompass invitations issued by third parties, including physicians, unless the invitations are made pursuant to the request of the injured employee."  2) "The injured employee is unconscious or otherwise unable to effectively communicate material information to the physician and the supervisor’s input is needed to provide such material information to the physician. In these circumstances, the supervisor is assisting the injured employee in providing information to the physician to that the injured employee may receive appropriate and responsive medical treatment."

Also, be reminded that the Rail Safety Improvement Act of 2008 provided for the following:
* If the employee is injured on the job, the employer must provide the injured employee with transportation to the nearest hospital.
* The injured employee may not demand to be taken to a more distant hospital, but the destination must be the nearest hospital and not an emergency center.
* The employer is not required to transport the injured employee via an ambulance. They may be transported via a company vehicle.
* A railroad is prohibited from disciplining, or threatening to discipline, an employee seeking medical treatment, or for following orders or a treatment plan of a treating physician.
* Employees may bring an action against the railroad, under whistleblower provisions, for any violation; and, in addition to recovering back pay and reinstatement, they may recover, separate from a FELA action, compensatory damages, attorney’s fees and punitive damages up to $250,000.
* Only the injured employee’s physician can certify when the injured employee is fit to return to work, but the railroad can then order an examination by its own physician to determine if the employee is fit, under railroad policies, to return to work, or should be kept off duty for a longer period.
* If you are involved in a critical incident, such as a highway-rail grade-crossing accident or a train striking another employee or pedestrian, you may demand to be relieved from duty for the purpose of receiving counseling. In addition, you may receive immediate relief of service for the balance of the duty tour.

Attendance

 

If you are approached by a carrier officer in regard to attendance, please contact your Local Chairman immediately.  This includes verbal counseling (any mention of attendance by an officer to you), letters of caution, letters of understanding, etc. The Carrier is building attendance and we need to help get this stopped.  You are allowed reasonable mark off per your agreement, don't let the carrier decide what is reasonable all by themselves. 
 

OBAMA TAPS UTU'S SZABO FOR FRA

 

WASHINGTON -  President Obama on March 18 announced his intent to nominate UTU Illinois State Legislative Director Joe Szabo to head the Federal Railroad Administration (FRA).

The formal nomination is expected to be sent to the Senate in the next few days. The Senate Commerce Committee will then schedule a confirmation hearing. A favorable recommendation on the nomination will send it to the Senate floor for a confirmation vote.  If confirmed, Szabo, age 51, would become the 13th FRA administrator since its founding as a Department of Transportation agency in 1967. The FRA administers and enforces federal rail safety laws and writes and enforces federal rail safety regulations.  Szabo is a fifth-generation railroader. He hired out with the Illinois Central (now part of Canadian National) in 1976, where he worked as a yard switchman, road trainman and commuter passenger conductor. In 1987, he went to Chicago Metra when IC sold its rail commuter division.  In 1984, Szabo was elected secretary/treasurer of UTU Local 1290, progressing to delegate and legislative representative. In 1992, he was elected vice chairperson of the Illinois State Legislative Board, and in 1996 elected state legislative director. He also has been serving as a vice president of the Illinois AFL-CIO. He also has represented the UTU on the FRA’s Rail Safety Advisory Committee, where he participated in the drafting of rail safety regulations.  In making the announcement, President Obama said that as the UTU’s Illinois state legislative director, "Joe has provided vision and direction to rail safety and regulatory issues and worked with business and civic leaders in the advancement of freight and passenger rail service."  Obama also noted that Szabo had served as mayor of the Village of Riverdale -- a Chicago suburb -- "where he managed more than 100 employees and a budget of $9 million serving 15,000 residents."  UTU International President Mike Futhey, in congratulating Szabo, observed that Szabo is “the first FRA administrator to come out of the ranks of rail labor. It is a validation that this Obama administration is a friend of organized labor."  A week ago, Obama named Karen J. Rae, a transportation executive with nearly 30 years' state and regional experience, as the FRA’s deputy administrator. That position does not require Senate confirmation and she will begin work later this month..  Rae is currently deputy commissioner for policy and planning of the New York State DOT, a post she has held since June 2007, with responsibility for rail, aviation, and public transportation. Her experience includes deputy secretary for local and area transportation at PennDOT, director of the Virginia Department of Rail and Public Transportation, and general manager for the Austin, Texas, Metropolitan Transportation Authority. Earlier in her career, Rae was a ticket sales and tour representative for Adirondack Trailways, whose bus operators and mechanics are represented by the UTU.  In 2006, the Richmond Times-Dispatch newspaper said of Rae: "She is also known for taking a tough stand with CSX Corp., the Florida-based railroad that owns the tracks that run through the heart of Virginia. Rae said she was ‘disappointed and frustrated’ with CSX’s foot-dragging in starting a $65.7 million upgrade funded by the state. Her outspokenness led to a meeting between CSX’s top executives, who apologized to then-Gov. Mark Warner."  Rae earned a B.S. in education from East Stroudsburg State College in Pennsylvania.
 

JOE SZABO

New Hours Of Service Q&A

 

Visit the "How TO/FAQ" page to view a Q&A on the new hours of service law.

General Chairman Strunk Helps New Hires

NS GC Strunk scores for new hires

UTU's newest members are especially suffering during this economic recession, whose depth and length is still not known.  Many of these new hires haven't worked enough days to qualify for Railroad Unemployment Insurance benefits. And often having left non-railroad employment and paid out of their own pockets for training for their first railroad job -- only to be furloughed -- these new hires have had the economic winds and optimism knocked completely out of them.  On Norfolk Southern, General Chairperson Delbert Strunk (GO 687) searched for a means of salvaging the careers of eager new hires. Strunk knew he couldn’t get them back to work until the economy improves, but he could make their return to work easier, and ensure they built seniority while on furlough.  Strunk, who also is first alternate International vice president - east, convinced Norfolk Southern to amend his on-property agreement and suspend application of a contract clause that required newly hired, and then furloughed, employees to be terminated permanently following 365 days of consecutive furlough.  Strunk and NS amended, for Strunk's general committee of adjustment, Article XII of the 1985 UTU National Railroad Agreement (still in force). The amendment suspends operation of Article XII until Oct. 31, 2010.  Now -- and through Oct. 31, 2010 -- new hires with fewer than three years of service who have been furloughed, or are furloughed, by Norfolk Southern on Strunk’s general committee, will not be permanently terminated by Norfolk Southern if their furlough extends for 365 consecutive days.  Thus, even if their furlough extends for 365 consecutive days, they will be called back to work in order of seniority without having to go through the rehire process -- and they will accrue seniority for that time on furlough.  Some 600 new hires on Strunk’s general committee will benefit. Strunk's agreement was the first on Norfolk Southern, and he is working with other UTU general chairpersons to help them gain a similar agreement for their general committees. "Our newest members should know that the United Transportation Union is totally committed to protecting every member’s rights, whether a 30-year veteran or a new hire," Strunk said. "This is a small step to ensure a prosperous and fulfilling career on Norfolk Southern for new employees." UTU International President Mike Futhey credited general committee autonomy -- guaranteed under the UTU constitution -- for giving general chairpersons significant leeway to find creative ways to help members. "The best ideas often are born at the general committee and local level, and then are shared with other general committees of adjustment," Futhey said. "We all benefit from this creativity and the autonomy of general committees."

Mark Cook Addresses Banner Checks

 

Over the systems were having a rash of incidents involving both Engineers and Conductors and stopping for Banners. We are requesting that no Conductor or Engineer accept a Start for having to place your train in emergency in order to stop short of obstruction. The Carrier is trying to have our members take a Start and this is just not acceptable. Please inform your members.

 

Fraternally,

 

Mark Cook

 

Tentative Golf Scramble Date

 

You can tentatively mark Wednesday June 3, 2009 as the date for the UTU/WHK golf scramble.  The scramble is scheduled to start at 8:00 a.m. and is probably going to be held at Old Capital Golf Club or Valley View Golf Club.  Lunch will be held at Beef O Brady's Highlander Point immediately following the scramble.

 

Cancer Insurance

 

If anyone is interested in a $9.00 a month cancer policy through the UTUIA, please contact Field Supervisor Steve White or L.I.R. Joel Kintner for details.

What To Do If Your Railroad Spouse Dies

 

Carrier Notification and Remaining Vacation Compensation Requirements

Contact Norfolk Southern Human Resource Representative As Soon As Possible.

Human Resources will need specific information. That information should be gathered before contacting them..

HR will need the following:

Date Of The employee's death

Employees full name (First Name, Middle Initial & Last Name)

Next of kin, including telephone number. If the next of kin is the spouse, their Social Security Number and date of birth will be required.

Norfolk Southern Human Resources 1-757-629-2820 .

Notify The Employee's Trainmaster (keep your spouse's Trainmaster's phone number on file).

Verification Of Employee's Death And Verification Of Estate Beneficiary Are Required By Banking Operations Before Any Unpaid Compensation ( Remaining Vacation  and Personal Leave Days) For Current Year Or Vacation Credit For Subsequent Year (If Earned) Will Be Paid To Anyone.

Banking Operations & Finance Receives The Notice Of Employee's Death From Human Resources.

Banking Operations / Finance Clerk will send the Beneficiary Verification Forms to the next of kin, as  reported to Human Resources. Those forms must be completed, notarized and returned to Finance before any funds are released by the railroad..

Company Provided Met/Life Insurance

Call Met/Life For Insurance Information -  1-800-310-7770  Option 1

Active Employee's Death Benefit - $20,000

Accidental Death Benefit - $16,000 in addition to the $20,000

Retired Employee's Benefit -  $2000

Documents Needed By Met/Life At Time Of Employee's Death:  Date Of Birth Of Individual, Social Security Number, Current Address And Date Of Death

A Death Certificate Is Needed
 

U.S. Railroad Retirement Board

Railroad Retirement Board Phone Numbers Are In The Phone Book Under Government Listing In Most Directories.

Go to: http://www.rrb.gov/ for more information, including, local phone numbers.

Documents That Should Be On File With RRB:

Photo Copies Of Employee's And Spouse’s Social Security Cards

Employee's Birth Certificate - Must Be Raised Seal Original

Spouse's Birth Certificate - Must Be Raised Seal Original

Certificate Of Marriage - Must Be Raised Seal Original

All Raised Seal Original Documents Will Be Copied And Originals Returned To Sender By Certified Mail If RRB Receives Them By Certified Mail.

Military Records (Record Of Separation From Active Duty Form DD214) – Must Be Original

Documents Needed By RRB At Time Of Employee's Death:

Raised Seal Original Copy Of Death Certificate

Amount Of Burial Fund Money Received Is Determined By Years Of Service And Date When Service Began.

Burial Fund Of $255 Could Be Paid To Spouse Or Survivors.

Health Insurance Options

The Health And Welfare Plan Of The Nation's Railroads And The Labor Organizations

Dependent Health Care Benefits (GA-23000) Will Continue Until The End Of The Fourth Month Following The Month Of The Employee Death (These 4 Months Are Part Of The 36 Months Eligibility)

Optional Continuation Of Coverage Under GA-46000 / COBRA

COBRA Coverage May Be Continued For 36 Months From the Date Of The Employee's Death At A Rate Of $642.76 Per Month    (A Qualified Beneficiary has 60 Days To Elect COBRA)

When Qualified Beneficiary And Dependent Coverage End Under GA-23000

Major Medical Expense Benefits Are Available Under GA-23111 Plan C Until Medicare Eligible For $425.00 Per Month

Railroad Employees National Dental Plan And Railroad Employees National Vision Plan

Eligible Dependents Will Continue To Be Covered Under The Plan Until The End Of The Fourth Month Following The Death Of The Employee.

Other Areas Not To Be Overlooked

401K Plan Benefits

Contact  Human Resource Representative. They Will Contact Vanguard and/or Merrill Lynch (401K plans).

Vanguard and/or Merrill Lynch Will Contact The Beneficiary Listed On The Account.

Veteran Benefits

Contact your local American Legion or VFW Post for information concerning benefits available.

Contact Job Insurance Companies

Some job insurance companies provide Accidental Death Policies (BRCF  provides a $50,000 Accidental Death benefit to its members).  BRCF  - 1-800-233-7080    LECMPA  ph # - 1-800-514-0010  The estate should contact the companies that the member had a policy with to be sure that all benefits are received. In addition, they should make contact with all insurance companies which the family had policies with to take full advantage of any benefits available through those sources.

BLET Contract Payment Summary

July 1, 2009

5% wage increase

January 1, 2010

Weekend/holiday pay increased to $45
6 Extra Pay Days per year (time and 1/2 for trip plus additional day's pay)
Meal Allowance increased to $12/$24.
401(k) - match increased from 20% to 30%
Detention Time - payable after 14 hours off duty at the away-from-home terminal.
Trainer (coach) pay increased from $15 to $20 per trip.

July 1, 2010
3% wage increase

July 1, 2011
5% wage increase

July 1, 2012
2% wage increase

July 1, 2013
2% wage increase

July 1, 2014
2% wage increase

Obama Says Bush Hurt Unions

Click on the link to read about Obama's comments on Bush and unions - http://www.reuters.com/article/domesticNews/idUSTRE5230AG20090304

NTSB Me