News Archives

October 2008

FRA Electronic Device Usage Breakdown

Please click on this link to view the FRA Electronic Device Breakdown.

Record Turn-Out

The membership showed up in full force at our October meeting. We had over 60 members present for the injury seminar and to hear Brother Emert speak. Thanks to everyone who attended.

Officer nominations

The following members won officer positions by acclamation: Phil Culver-President, Shawn Stroud-Vice President, Joel Kintner-Secretary & Treasurer, Irv Turpen-Trustee, Jim Covert- Trustee, and Shane Ororke-Trustee. Congratulations to the winners. They will be sworn into office at the November meeting.

Retired Member Passes Away

Retired member McKinley Hamilton recently passed away. Please keep his family in your thoughts and prayers.

Your Union Dollar

A quick breakdown of every dues dollar that you pay: 33% to General Chairman Paul Emert, 31% to UTU International, 18% to UTU Local 1328, and 17% to Kentucky State Director David Miracle.

Safety Bill

The long anticipated safety bill has been signed. Please visit UTU.org to read the bill in it's entirety. The bill/law will bring great change to our membership. Please click on the link so you can begin to plan your life accordingly.

Meeting Reminder

Don't forget about the injury seminar scheduled for Wednesday October 8, 2008. In addition to the injury seminar, General Chairman Paul Emert will be in attendance. Food will be served and your families are invited to attend.

Job Protection Insurance

Please research the type of job protection insurance that you carry. We have had yet another company not pay a "disciplined employee". Cost effective policies are great.........if they pay.

September 2008

Retired Member Ill

It has come to the Local's attention that retired Conductor Kenny "Hambone" Hamilton has been diagnosed with cancer and is at home fighting for his life. Please keep "Hambone" and his family in your thoughts.

PAC FUND

If you do not donate monthly to the UTU-PAC fund please consider donating. The current list of contributers can be found on the safety/legislative page. If you have questions as to what the PAC fund is, please contact Legislative Representative Brian Brock.

Local Officers

Nominations for local officers will be accepted at the October 8, 2008 meeting at 1:30 p.m. (first order of business).

October Meeting

A joint meeting (UTU 1328 & UTU 383) will be held Wednesday October 8, 2008 at TUCKER'S restaurant. The meeting will begin at 1:30 and run through 6:30. A buffet style lunch/dinner will be served from 2:00 through the close of the meeting. An injury seminar will be given at 1:45 and 5:00 by Attorney Chris Keith. General Chairman Paul Emert will be speaking and answering questions at 3:00 and 5:30. There will be additional guests. All members are encouraged to bring their families so everyone can be educated as to what to do if you are injured. Don't think it can't happen to you! We hope to see everyone there.

Membership Increasing

Our Local membership continues to increase. We currently have 142 active members. This number includes all employees who are dismissed, injured, etc.. We normally have an active roster of about 128-133 members (which includes over 30 qualified Engineers and EVERY Switchman/Conductor except for 2). This is the largest roster that this Local has seen in the modern era. Thank you to the officers and members who continue to organize and expand our Local through hard work and dedication.

August 2008

August 25 Meeting With Division Officers

Story: UTU 1328 officers John Allen, Joel Kintner, Shawn Stroud, Phil Culver, and Barron Armstrong attended a meeting in Knoxville along with local BLET representatives in an effort to solve issues within the Louisville Yard and Louisville District. Some of the topics discussed were: START policy, harassment of injured employees (specifically member Jason Young), extra-lists not turning, Engineers extra-list needing more employees, the carrier forcing conductors to work as Engineer (Charlie Allen and Jason Fisher), the need for a brakeman on T79, the need for T22, adding an additional u-man at Shelbyville, the disregard for the conductor's 12 hour rule in LD service, constant threats to eliminate the LD service, the need to bulletin trains 283 and 167, chief's office not deadheading properly, yardmasters instructing crews to violate the time table (tonnage), Danville motel, outbound road crews yarding inbound trains (111, 223, 167), the need to shut down and lock locomotives if only for a brief period, constant Louisville rule checks, call office prompt of "all agents are busy", and the non positive recognition of employees.

Injured Employees

Story: If you are injured, an officer of the carrier is not allowed (by Federal Law) to enter the treatment area with you. The officer can stay in the waiting area but CAN NOT enter the treatment area, even if you request their presence. If this has happened to you, please contact Legislative Representative Brian Brock.

Missed Calls

New company policy states that marking off on the call constitutes a missed call. Please plan your lay offs accordingly.

Step Rate Update

ARBITRATOR NAMED IN ENTRY-RATES DISPUTE
Veteran arbitrator Robert E. Peterson has been agreed upon by the UTU and the carriers to settle the dispute over entry rates tied to training. The recently ratified national rail agreement provided for a three-person arbitration panel that will include UTU International President Mike Futhey, the railroads' chief labor negotiator Robert Allen, and Peterson serving as the neutral.

Presentations will be made by the UTU's general counsel, as well as by a carrier representative, in a one-day hearing that will be held in Washington, D.C. Also to be presented are declarations by members of the UTU national negotiating committee.

The date of the arbitration hearing has yet to be scheduled owing to the unavailability of Allen. The decision will be written by the neutral within 30 days of that hearing.

Earlier in his career, Peterson was chief personnel officer for the Long Island Rail Road and manager of manpower planning and development for Penn Central Railroad. He is a graduate of New York University.

Most recently, Peterson served on PEB No. 240, which investigated a dispute between Metro-North Commuter Railroad and the Transportation Communications Union and Machinists; and PEB No. 239, which investigated a dispute between SEPTA in Philadelphia and the BLET. For updates, check UTU.org.

New Member

UTU Local 1328 would like to welcome our newest member, Chris Ferebee.

New Local Mailing Address

The new UTU Local 1328 is:

United Transportation Union Local 1328
c/o Joel Kintner
P.O. Box 172
New Albany, IN 47151-0172

Tentative October Seminar

Our October meeting is currently scheduled for Wednesday October 8, 2008. The meeting will be a joint meeting with UTU Local 383 and will be held at Tucker's Restaurant. The meeting will begin at 1:30 p.m. and local business will be addresses for approximately 15-20 minutes. The meeting will then be turned over to General Chairman Paul Emert. He will give a brief speech and then field questions from the membership for approximately 2-3 hours. At approximately 5:30 dinner will be served and the law firm of Wettermark Holland Keith will give an injury seminar for you and your family. Other guests who may attend are Kentucky State Director David Miracle, Indiana State Director Tom Hensler, Railroad Retirement Board Representatives, etc...This entire meeting change is subject to the approval of the membership at our September meetings.

Paul Emert Topics For October Meeting

Some of the topics Brother Emert will discuss at the October meeting: Shove move claims, dismissals, flowback, bidding to engine service, crew consist, discipline, injuries, railroad technology, attendance, status of his office, etc... Be sure you attend!

Members Who Have Already Qualified For The Free Hoodie!

The following members have already attended 6 meetings in 2008 and have qualified for the UTU 1328 hoodie: Dave Thomas, Joel Kintner, John Allen, Phil Culver, Herb Wagers, Todd Smith, Brian Brock, Mary Milliner, Shawn Stroud, Barron Armstrong, and Dean Keal. September is the last month to qualify before the hoodies are ordered. Good Luck!

Back Pay Statement

Pursuant to Article III, Cost of Living Payments, Q&A #2, (see below) any employee may make written request for information through his/her General Chairperson regarding their retroactive pay within 30 days after receipt of pay. All Louisville Terminal/District employees would submit a written request to the following address:

P E Emert
G/C-GO#898
427 W. Broadway Ave.
Maryville, TN 37801

Question. Will each Carrier afford their employees individual full disclosure statements reflecting GWI increases credited as well as retroactive COLA payments and Health & Welfare cost sharing amounts offset against their retroactive back pay?

Answer. In the past, carriers have generally not provided individual statements or this level of detail. The carriers have agreed, however, to the following arrangements: any employee may make a written request for information, through his/her General Chairperson, regarding his/her retroactive pay computation within thirty (30) days after receipt of such pay. A carrier representative will respond to such requests.

Nashville Region Meeting

John Allen, Brian Brock, Phil Culver, Barron Armstrong, Joel Kintner, and Shawn Stroud will be attending the Nashville Region Meeting that begins on Monday, August 18. If you have any questions or concerns, please contact one of the officers so they can forward your concern to the proper party.

Retroactive Pay

Your retroactive pay is scheduled to be direct deposited on August 29. It will be a separate deposit and WILL NOT be combined with your normal paycheck. If you would like a detailed statement (how the total was calculated) you must make written request to General Chairman Paul Emert within 30 days. A link to his web page (that includes his mailing address) can be found under our "links" page.

Assistant General Chairman

During the August meeting, the membership voted (33-0) to keep the 2nd Assistant General Chairman position. A position that was formerly held by Mike Lydon and currently held by Jimmy Strickland.

General Chairman Visiting

General Chairman Paul Emert is slated to attend our regular monthly meeting in October.

Meeting Attendance

Thanks to everyone (36 total) who attended our regular August meetings. The turn-out seems to be rising. The membership needs to be active and respectful to each other and our opinions, if we are to continue to prosper.

30 Day Displacement Right

A motion was made (Wallin) and seconded (J. Davis), at the August meeting that would allow all ground employees a 30 day permanent displacement right. President Culver tabled the motion until he researches the voting/polling process with input from the General Chairman and/or International. Remember, even if it is voted in on a Local level, Labor Relations AND the General Chairman have to okay, compose, and sign an agreement.

New Members

UTU Local 1328 would like to welcome new members Craig Blackman and Mike Hardin.

Retroactive Pay

Expect your retroactive pay before September 1, 2008. The carrier has 60 days from July 1, 2008 to get the checks out. This is the only information we have.

General Chairman Paul Emert has proposed a dues increase. Please attend our July meeting to voice your opinion on the issue!

Election Results

Phil Culver was elected to fill the vacant Vice Presidents position of UTU Local 1328.

Officer Resignations

President Dave Thomas resigned as President on February 13, 2008. The Local appreciates all the hard work and dedication of Brother Thomas. We would like to wish him a long and peaceful retirement. Thanks again Dave. Vice President Phil Culver will assume the office of the President for the remainder of the term (per constitution). President Culver has appointed Shawn Stroud to the position of Vice President until an election can be held. Engineer Local Chairman Joel Kintner has submitted his resignation (for that office only) effective April 9, 2008. Nominations for both positions (vice president and local chairman engineers) will be accepted at the March meeting.

Meeting Time Change

The membership voted unanimously to change the meeting TIMES to 1:00 p.m. and 4:30 p.m. instead of 12:00 p.m. and 6:00 p.m. (still 2nd Wednesday of the month).

Membership Update

The following members transferred: Keith Welch and Junior Russell. We have 3 new members: Jason Peden, Russell Hofelich, and Brian Furman.

Attention ACT's

All ACT's are welcome and encouraged to attend our regular monthly meetings. We hope to see you there!

Questions For The General Manager

If you have questions for the Division Manager or Division Superintendent please submit them to Phil Culver, Joel Kintner, or Barron Armstrong. They, along with the General Chairman, are scheduled to meet with them on February 20, 2008.

The following answers to your questions concerning whether blue signal protection is required are as follows:

1) At locations other than crew change points: Crew member(s) of train A instructed to assist crew member(s) of train B for any purpose which would require crew
member(s) of train A to go on, under, or between the rolling equipment of train B.
Note: Including working on ETD -- replacing, arming, and/or battery change.

Answer: At any location, a crew member from train A may attach him/herself to assist the crew of train B as a utility employee provided his/her work with train A is completed. The scope of the utility employee’s work is limited to the following “six holy things”: setting or releasing hand brakes; coupling or uncoupling air hoses and other electrical or mechanical connections; preparing rail cars for coupling; setting wheel blocks or wheel chains; conducting air brake tests to include cutting air brake components in or out and positioning retaining valves; and inspecting, testing, installing, removing or replacing a rear end marking device or end of train device. (See 49 CFR Part 218.22 for additional utility employee conditions regarding communication, position of engineer, etc.)

Concerning ETD battery changeouts, regularly assigned crewmembers may replace the ETD battery but only on equipment they are called to operate. A utility employee, however, may not replace a battery, since this is not one of the “six holy things”
permitted under Part 218.22. Exception: BNSF, CP, and UP have a waiver to permit properly attached utility employees to replace a battery on an ETD, but only if these employees are from the T&E ranks.

2) At crew change points: After a crew change, inbound crew member(s) instructed to assist outbound crew member(s) for any purpose, which would require inbound crew
member(s) to go on, under, or between the rolling equipment that is controlled by the outbound crew. Note: Including working on ETD – replacing, arming, and/or battery change.

Answer: See Answer 1.

3) At any location: Crew members of train A instructed to assist crew members of train B by shoving train B up a hill that of which would require crew members of train A to go on, under, or between the rolling equipment of train B.

Answer: this is a simple matter of one entire crew, including the locomotive, assisting another entire crew, which has always been FRA’s traditional position on situations of this type. In essence, the train to be shoved becomes equipment that both crews are called to operate. Equipment that a crew is “called to operate”
means rolling equipment, as defined in Part 218.5 (i.e., locomotives and railroad cars), that they are handling, or will handle, as in couple to and/or move, as an operating crew. The two crews must be in communication with each other and both crews must understand the moves to be made. It is therefore a non-blue signal and non-utility employee issue.

4) At any location: Crew members of train A instructed to assist crew members of train B by pulling train B up a hill that of which would require members of train A or train B to go on, under, or between the rolling equipment of the other respective train.

Answer: See Answer 3.

5) At a yard location: Members of yard crew A instructed to place a fill on or remove cut outs from train B (crewed) which would require member(s) of yard crew A to go on, under, or between the rolling equipment of train B.

Answer: See Answer 3.

6) At a yard location: Members of yard crew A are instructed to place a fill on or remove cut outs from train B (non crewed) which would require member(s) of yard crew A to go on, under, or between the rolling equipment of train B.

Answer: similar to Answer 3, except that arrangements must be made by the person giving the instructions to ensure either that the equipment will not move, or that if another crew will handle the same equipment, that each crew is notified of the other and that they will be handling the same equipment.

7) At any location: Member(s) of yard crew A or road crew B instructed to cross through standing train C (crewed) for any purpose which would require the
member(s)
of yard crew A or road crew B to go on, under, or between the rolling equipment of train C.

Answer: Blue signal protection is not required, whether crewed or non-crewed.
Railroad operating and safety rules address this issue.

8) At any location: Member(s) of yard crew A or road crew B instructed to cross through standing train C (non crewed) for any purpose which would require the
member(s) to yard crew A or road crew B to go on, under, or between the rolling equipment of train C.

Answer: See Answer 7.

9) And on an ending note, when this issue was initially brought to the
attention of FRA back in August of this year, it was the opinion of
the
BNSF rules department, as relayed to me, that certain train events could be classified as emergency events and therefore would not require Blue signal protection for crew assisting another crew.

This therefore begs the question, how exactly does FRA define “emergency”
and what examples of events might FRA describe that would preclude the requirement of Blue signal protection?

The only situation I can imagine in the instant that would warrant a classification of an emergency situation, would be when a train was left standing, fouling a public road crossing and emergency vehicles were attempting to cross the track. Would this not be correct?

Answer: out on the line of road, FRA considers a bonafide emergency to be a situation whereby a train has become disabled, such as a break-in-two (caused by a broken knuckle or drawbar), or dragging brake rigging, and requires the assistance of others (either mechanical department employees or other T&E crews) without the capability of displaying blue signals.
The assisting employees would be required to follow the provisions of Part 218.25(c) while engaged in the repairs, such as replacing a knuckle, chaining up a drawbar, or securing brake rigging, etc. Another example would be a shifted load, where the car had to be set out. FRA would likely not take exception to a crewmember from another train assisting in this regard. FRA would view each of these situations on a case-by-case basis.

Concerning blocked crossings, the mere fact that a train is stopped by an emergency application of the air brakes, or for other reasons, such as a stop signal, and a crossing is blocked, does not, in and of itself, constitute an emergency. However, once again, these situations must always necessarily be viewed on a case-by-case basis. For example, in the event an emergency vehicle was attempting to cross, FRA, under these circumstances, likely would not take exception if a crewmember from another train assisted the standing train in cutting the crossing. The emergency procedures in Part 218.25(c) would, of course, still need to be followed.

January 2008

Tentative Agreement

Please check the International web page for an update on your tentative national agreement.

Attention Yard Employees

If you are working a yard assignment and are moved to another assignment (at or around your start time) please submit an 8 hour penalty claim for illegal annulment under article 18-5. If you are held over and are moved to another assignment, you will be paid continuous time if your craft hasn't been changed( foreman to foreman, for example). If your craft did change (switchman to foreman, for example) you will be paid an additional 8 hour day. If you have any questions please contact Local Chairman Culver.

Vice President Position

There were 2 members nominated for the vacant Vice Presidents position: Terry Stroud and Phil Culver. President Thomas appointed Dean Keal, Joel Kintner, and Steve Bishop as tellers. Ballots will be mailed by Friday January 18, 2008. They must be returned by Tuesday February 12, 2008 to be counted. Please follow the instructions included with the ballots.

Vote At February Meeting

A motion (Thomas and 2nd Brock) was made at the January meeting to change our meeting times to 1:00 p.m. and 4:30 p.m. (instead of noon and
6 p.m.). A vote will be held at the February meeting.

Stewards

President Dave Thomas has abolished all Steward positions.

Congrats!

The Local would like to wish Joe Kessinger, Rick Murphy, and Dennis Leuthart a happy and long retirement.

LET pay

LET pay does not change in the second six months. Under the new "$200" a day agrrment there is no difference between a first and second six month trainee. Brother Emert is currently working on an agreement that would allow over time pay to second six month LET's.

January Meeting

A thank you to all who attended the January meetings. It was our largest turn out in some time and there were numerous topics discussed.
This is how business should be handled. Not in the crew rooms, phone, etc. Lets continue this run into February.

More Timebooks
There are approximately 10 extra time books. If anyone is interested please contact a 1328 officer.

More Grievances
Local Chairmen Kintner and Culver have filed 5 grievances in January. They are in regard to the following issues: moving switchmen without calling road conductors, not handling future lay off requests, Carrier allowing engineers to make illegal claims, and Engineers working ground positions.

New International President
Mike Futhey took over as International President on January 1, 2008. Please check the International website for updates from the President (especially in regard to the merger).

January Meeting
Nominations will be accepted for the vacant Vice-Presidents position at the January meeting.

Christmas Party A Big Success

The 2007 Wettermark Holland Keith and UTU 1328 Christmas party was a big success. There were approximately 110 people in attendance and everything ran smoothly. We appreciate the behavior of everyone in attendance. We look forward to the 6th annual Christmas party in 2008.

Time Books

Members should be able to pick up their 2008 time books at the main tower by Wednesday the 19th.

General Chairman Update

General Chairman Paul Emert sent the Local Chairmen on his committee the following update: There are currently 3 guaranteed conductor extraboards (90 day trial period) in place on the committee. They pay $1700.00 per half and the employees are available 7 days and unavailable 1 day. If an employee marks off they are docked 1/14 of the guarantee. The guarantee is not subject to step rates. Brother Emert is pursuing work/rest agreements on various territories with input from the Local Chairmen. The simplified flow back agreement is moving along. Brother Emert is still in discussion with Labor Relations in regard to the issue. This flow back proposal will be available on a territory to territory basis (not entire division or nothing). Brother Emert has proposed that PL days be accumulated up to 33 days (for illness). A 30 day displacement right for conductors is being discussed. Footboard Yardmaster pay is being discussed in regard to utility people. The committee is taking 16 dismissal cases to a Public Law Board on December 19. Since the Government is out of funding the committee will pay $6,000 along with the carrier to have the PLB.

Charges Brought Against Thompson And Marceau

Vice President Roy Arnold has brought formal charges against International President Paul Thompson and Assistant President Rick Marceau in regard to our merger with the sheet metal workers to form the SMART Union. Brother Arnold alleges that Thompson and Marceau withheld information from the membership so the merger would pass. For more information on the charges go to UTU.org.

No Safety Audits For Union Officers

No Local Chairman or Vice Local Chairman should participate in a safety audit. This is the wish of General Chairman Paul Emert. He thinks that participation in a safety committee is fine but under no circumstance should a committee officer be in the field auditing any union member.

Vacations

The Local Chairmen will try to have all vacations scheduled and posted by Friday December 14, 2007.

SOUTH CAROLINA LABOR COUNCIL ENDORSES HR 676

The Greater Charleston Central Labor Council has endorsed HR 676, single payer healthcare legislation introduced by Congressman John Conyers (D-Mich), reports council president Erin McKee. The Charleston Central Labor Council is the ninety-fourth central labor council to endorse HR 676. There are currently 510 central labor councils and area labor federations recognized by the national AFL-CIO.
HR 676 would institute a single payer health care system in the U.S. by expanding a greatly improved Medicare system to every resident.
HR 676 would cover every person in the U. S. for all necessary medical care including prescription drugs, hospital, surgical, outpatient services, primary and preventive care, emergency services, dental, mental health, home health, physical therapy, rehabilitation (including for substance abuse), vision care, chiropractic and long term care. HR 676 ends deductibles and co-payments. HR 676 would save billions annually by eliminating the high overhead and profits of the private health insurance industry and HMOs. HR 676 currently has 86 co-sponsors in addition to Conyers. Co-sponsors and bill text are here:

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.00676:

HR 676 has been endorsed by 343 union organizations in 48 states including
94 Central Labor Councils and Area Labor Federations and 28 state AFL-CIOs (KY, PA, CT, OH, DE, ND, WA, SC, WY, VT, FL, WI, WV, SD, NC, MO, MN, ME, AR, MD-DC, TX, IA, AZ, TN, OR, GA, OK & KS).

For further information, a list of union endorsers, or a sample endorsement resolution, contact:

Kay Tillow
All Unions Committee For Single Payer Health Care--HR 676 c/o Nurses Professional Organization (NPO)
1169 Eastern Parkway, Suite 2218
Louisville, KY 40217
(502) 636 1551
Email: nursenpo@aol.com

Please Tip Your Bartenders

Like last year, we are paying to have an additional bartender at our Christmas Party. Since all food and drinks are paid for by the Local and the Wettermark Law Firm, we are asking that all persons who attend tip the bartenders "a few dollars" for their hard work. They have always been good to the membership and have yet to cut anyone off even though they probably should have. Thank you for your attention to this matter and have a great time at the event.

Louisville CSX layoffs reach 56

There are currently 56 CSX conductors laid off in Louisville, Kentucky. We need to avoid a similar situation in our yard. We are stressing that everyone work safely, follow all working rules, and pay attention to the finest details. Early quits are great, but they can lead to the elimination of jobs. Lets protect the lower seniority members and not work them out of a job.

COLA raise/Health and welfare increase

Please click on the following link to learn about the latest COLA raise and health and welfare increase.

http://www.utu.org/worksite/detail_news.cfm?ArticleID=39398

EEO complaints

Story: If you have any complaints that would be considered EEO complaints, now is the time to submit them to the porper authority.
Please visit the NS website and click on EEO to submit them.

Christmas Party

The Christmas Party is fastly approaching. It is scheduled for December 15, 2007 from 7:00 p.m. to 12:30 a.m. at Caesars Hotel and Casino (Room: Maximus A & B). This catered event will provide fun for all UTU members and their families. Dinner will be served at 7:30 p.m. sharp. At approximately 8:30 p.m. the dance floor will open. If you are interested in staying at the Hotel we have secured a block of ten rooms to be held until December 1, 2007. The group rate for these rooms is $129.00 a night. To receive the discounted rate call 1-866-766-2671 and mention the code S12UTRU. We hope to see everyone there!

Holiday Claiming Rules

As a reminder with the holidays upon us: "C" - Annulment Of Assignments - Applicable to Southern "B" - When a yard assignment is annulled for any holiday (listed below), a yardman filling such assignment is barred from claiming another assignment for the holiday-- he must lose that day (If he qualifies under the rules, he will be allowed holiday pay.)

The holidays affected in the agreement:

When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday. The above simply means that if an assignment is annulled for the holiday, the person on that assignment is barred from claiming another assignment. The day the job is annulled does not make that an "off day". The regularly scheduled off days remain the same. All other claiming rules and applicable penalties remain in effect.

New UTU-PAC Contributor

Phil Culver is the newest member of UTU-PAC club. Thanks Phil!

Public Law Board 269 (Delayed Over 30 Minutes)

When you "tie up" at the away from home terminal you should be provided a room within 30 minutes. If you aren't, please submit an (8) hour penalty claim with comments stating that your room was not available within 30 minutes. If you make this claim, you must also contact the Crew Management Center and start your rest at the time of your check in. The reasons for the delay must include: waiting on transportation, waiting on clean room, or traffic congestion (or a combination of any). You may not stop and eat on your way to the motel and still make the claim. If your claims are declined please forward them to your local chairman to be appealed. This claim is supported by PLB 269 and should be paid through the appeal process.

Vice President Nominations

President David Thomas has ruled that since nominations were not accepted at the "night" meeting on November 8th, the Local will accept nominations for the vacant position at the January meeting. the Local apologizes for the confusion.

Address Updates

Local Secretary Joel Kintner has mailed a copy of the addresses of our membership to the International so they can be updated. If you are not receiving any mail from the International (including UTU news) it should be corrected within a few weeks. From this day on if you change addresses please contact the Local Secretary AND the International.

Election Participation

Alternate Legislative Representative: 129 ballots mailed and 50 legal ballots returned. A participation level of 38%. Switchman Local
Chairman: 58 ballots mailed and 33 legal ballots returned. A participation level of 56%. The local needs to improve its voting turn out. The minority is ruling the majority! If you are a dues paying member you are obligated to participate in local activities AND attend meetings when possible. Thank you to all the members who voted and followed the voting instructions. Also, a thank you to Jim Covert, Terry Stroud, and Aaron Grissom for assisting in the ballot counting and Steve Bishop, Dean Keal, and Joel Kintner for being tellers.

New UTU-PAC Contributor

Thanks to Aaron Grissom for being the newest UTU-PAC contributor. If you are interested in donating please contact Brian Brock, Mary Milliner, or Joel Kintner.

Election Results

Phil Culver has been elected Switchman Local Chairman and assumes office immediately. Keith Wallin has been elected Alternate Legislative Representative and assumes office January 1, 2008.

Employee Shortage

Switchman Local Chairman Phil Culver wants to be notified if you are moved from one assignment to another (usually utility person). He will pursue the issue through the grievance and time slip process.

Thank You

The membership would like to thank Vice Local Chairman John Allen for the outstanding work he did as acting Switchman Local Chairman during the election. Thanks John!

Emert Speaks

General Chairman Paul Emert spoke at the November 8, 2007 meeting of UTU Local 1328. He discussed issues and agreements that he is currently discussing with labor relations. Some of these issues are: a simplified flowback rule, elimination of work rules in exchange for an approximate 40-50%wage increase, guaranteed conductor and switchmen extra lists, turn service where conductors drive taxi's, and an agreement that eliminates entry rates by paying them back to an employee over an 8 year period. If you are interested in the pursuit of these agreements on our property, please contact your local chairman.

Decertified Engineers

Per a 1999 agreement between former General Chairman Jim Clark and labor relations, decertified engineers are allowed to exercise their ground seniority until their certification is regained. If you have questions please contact your local chairman.

Local News

The Local welcomes new member Travis Cochran. Local Chairman Joel Kintner has grieved the Carrier using Garrett Burke (who didn't answer
phone) as Engineer on TL61 (10-29-07) instead of continuing to follow the decision tables. Brother Kintner has appealed a grievance to Paul Emert in regard to the Carrier using Frank Reading as Engineer on TL03 instead of using the calling procedures. Mr. Sliger ruled the Carrier did nothing wrong in using Brother Reading. Brother Kintner appealed 2 time slip appeals to Brother Emert.

Safety Bill HR 2095 Passes House

Safety Bill HR 2095 passed the house by a vote of 377 to 38 (bill now has veto proof authority). Now the bill goes to the senate for approval. Please contact your senators (legislative page) and instruct them to support HR 2095! Highlights of the bill: *Reduce limbo time to 10 hours monthly, *Guarantee 10 hours undisturbed rest and 24 hours undisturbed rest every 7 days (not starts), *Strengthen whistleblower protection so Conductors can refuse to use unsafe equipment, *Require certification of Conductors (similar to Engineers), *Establish minimum uniform training and retraining of employees, *Install positive train control by 2014, *Require main line switch monitors in dark territory, *Double FRA inspectors by 2011, *Require a study of cab ergonomics and installation of breathing apparatus in all cabs, *No harassment to workers who report injuries, *requires prompt medical attention to all injured employees, *Require that all Mexican safety inspections meet the requirement of US inspections.

November Meeting Update

The regular monthly meeting for November has been changed. It has been moved to Thursday November 8, 2007 from 11:30 a.m. to 8:00 p.m. The meeting will take place at the Holiday Inn Southwest (Dixie Highway).
Guests scheduled to appear are: General Chairman Paul Emert (speaking at 1:00 p.m. and 6:45 p.m., International Organizer Mike Lewis, State Director David Miracle, FRA rep, and Railroad Retirement rep. The local will meet from 11:30 a.m. -12:45 p.m. to count ballots and take nominations for the vacant Vice Presidents position. At 6:00 p.m. the Wettermark Holland Keith Law Firm will give an injury seminar. It will instruct you what to do if you are injured. You are encouraged to bring your spouse so they can be educated on how to handle themselves if you are injured badly. Updates on the meeting to come soon.

Christmas Party

Don't forget about the upcoming Christmas Party. It will be held Saturday December 15, 2007 at Caesars Hotel and Casino. More information coming soon.

Ballots

Be sure to properly fill out your ballot in regard to the elections the Local is currently holding. Mark your ballot, place it in the envelope marked "A", place the envelope marked "A" into the envelope marked "ballot", write your NAME AND RETURN ADDRESS on the envelope marked "ballot" and mail it. If you mark on the ballot other than in a box for a candidate, or if you mark on the envelope marked "A", or if you don't put your name AND return address on the envelope marked "ballot", your vote will not count. Please pay attention to the enclosed instructions.

Vice President Position Vacant

Due to a violation of Article 56 of the UTU Constitution, the Vice Presidents position of UTU Local 1328 has been declared vacant by President Thomas. Nominations will be accepted for the position at the November 8 meeting. All members are eligible to hold the position with the exceptions being: David Thomas, Joel Kintner, Jim Covert, Irv Turpen, and David Dettlinger.

Upcoming Elections

The following elections are currently being held: Alternate Legislative Representative - Mary Milliner (incumbent) vs. Keith Wallin and Local Chairman Switchmen - 3 way race with John Allen, Phil Culver, and Mary Milliner. Ballots will be mailed around October 16, 2007 with specific instructions. Please follow the instructions. Votes must be returned by November 7, 2007. Vote immediately! President Thomas appointed Joel Kintner, Dean Keal, and Steve Bishop to oversee the election.

Brock Runs Unopposed

Legislative Representative Brian Brock was elected to a second term by acclamation. Congratulations Brian. Brother Brock is still awaiting a response from the National Director in regard to the UTU endorsing Senator Clinton.

Stewards Are back

President Thomas has authorized the Local's use of Stewards. Stewards are allowed to handle claiming issues and nothing more. A letter will be sent to the Terminal Superintendent outlining the proper use of Stewards.
Stewards are not allowed to participate in discipline conferences. The Stewards are as follows: Mary Milliner, Dean Keal, John Davis, Brian Wimsatt, Shane Ororke, and Damin Smith.

Local Update

LET's are not to be used as Yardmasters. This decision came from the Division Road Foreman of Engines. LR Brock to check on adding wind socks at all working locations. Please support HR 2095! State Director Miracle wants to thank the membership for the increased UTU-PAC contributions. If you are interested in a donation contact Brother Kintner. Entire Local votes on the Alternate LR position and 58 members of the 898A committee vote on the vacant Switchmen Local Chairman position. Calling procedures will be added to the web page within the month.

Engineer Seniority Dispute

Local Chairman Kintner contacted General Chairman Emert and the Division Road Foreman of Engines over Brother Bob Hamilton's placement on the Engineer seniority roster. The Division Road Foreman of Engines has contacted the director of the Crew Management Center and Brother Hamiliton's placement should be corrected within days. Also, the local is following up on the legality of the Carrier using Brother Hamilton as a Yardmaster while he is an Engineer Trainee.

October Meeting

UTU Local 1328 meeting this Wednesday at noon and 6:00 p.m. The Local will accept nominations for the positions of Legislative Representative, Alternate Legislative Representative, and Switchman Local Chairman. All members are eligible for all positions but the nomination for Switchman Local Chairman must be made by someone working within that specific craft.

Engineer Seniority Roster

LET Robert Hamilton's placement on the Engineer (road and yard) seniority roster is incorrect. Local Chairman Joel Kintner has contacted the Division Road Foreman of Engines to correct the error. Remember, per the BLET agreement, all seniority disputes must be submitted to the Division Superintendent in writing within 60 days of the dispute. Local Chairman Kintner will continue to follow up on the issue. If for some reason it can't be resolved, do not forget to appeal Brother Hamilton's placement on the rosters.

Brock Contacts Brunkenhoefer In Regard To Hillary

Legislative Representative Brain Brock contacted National Director James Brunkenhoefer in regard to the UTU endorsing Senator Hillary Clinton as a Democratic Presidential Candidate. He is asking for Brother Brunkenhoefer to explain Senator Clinton's choice of chief strategist (Mark Penn), Mr. Penn's connection to the Burson-Marsteller PR Firm, and why the senator would accept contributions from William Krupman of the Jackson-Lewis Law Firm (co-authored a book entitled: Winning NLRB elections: Avoiding unionization through preventive employee relations programs). To receive a copy of the letter please e-mail Brother Brock.

Oversight Appeal

Local Chairman Joel Kintner has filed an appeal through the START Oversight Committee in regard to the 30 day suspension assigned to Jordan Crosier for exceeding the maximum authorized speed at the Mixing Center on June 19, 2007.

Time Claims Paid

Interim Local Chairman John Allen negotiated the payment of 11 time claims at a time claim conference on September 20, 2007. The majority of the claims were illegal transfer claims that were filed by Irv Turpen and Shane Ororoke.

Time Claims

All yard switchmen please resubmit all time claims that are less than 60 days old to interim Local Chairman John Allen for processing.

Local News 9-20

Phil Culver has joined UTU Local 1328. Jerry Blair is now a UTU-PAC contributor. Legislative Representative Brian Brock and Alternate Legislative Representative Mary Milliner are now being invited to all safety meetings. Local Chairman Joel Kintner and Vice Local Chairman John Allen met with the Terminal Superintendent on September 19 to discuss 14 outstanding discipline cases in the Louisville yard (most are going to be handled with caution letters). Brother Allen will contact all the affected employees to discuss each case individually. Engineer Scotty Lancaster has been reinstated to service and compensated for lost time.

Headline: November 8, 2007 Meeting

General Chairman Paul Emert and Kentucky State Director Paul Emert are confirmed for the November 8, 2007 meeting.

Local News

Acting Local Chairman John Allen would like copies of all time claims filed by yard employees within the last 60 days (claims conference scheduled for 19th). Jerry Blair is the newest UTU-PAC contributor, Scotty Lancaster has returned to active service and was compensated for lost time, and Phil Culver has re-joined Local 1328.

Safety Meetings

R. Sliger has decided to invite Legislative Representative Brian Brock and Alternate Legislative Representative Mary Milliner to the safety committee meetings beginning with the yard meeting scheduled for September
19 at 8:30 a.m. If you are a member and had boycotted the meetings until they were invited (thanks Damin!), the local membership appreciates your dedication. As long as brother Brock and sister Milliner are invited, feel free to attend.

Local Chairman Smith Resigns

Effective immediately, Local Chairman R. Todd Smith has resigned as Switchmen Local Chairman. The Local appreciates all of Brother Smith's work. Vice Chairman John Allen will replace Brother Smith until an election is held.

Officer Nominations At October Meeting

The Local will accept nominations for the following officer positions at the October meeting: Legislative Representative, Alternate Legislative Representative, and Switchman Local Chairman.

November Meeting Information

The regular meetings for November have been moved to Thursday November the 8th at the Holiday Inn Lakeview (Clarksville, IN). The following guests are scheduled to attend: General Chairman Emert, State Director Miracle, State Director Hensler, FRA rep, Railroad Retirement rep, United Healthcare rep, International officer(s), and the Wettermark Law Firm. The meeting will commence at 1:00 p.m. (local business).
Following local business, each guest will be allowed to speak and answer questions. At 6:00 p.m. the Wettermark Law Firm will give an injury presentation (approx 45 minutes). You AND your families are encouraged to attend.

Member Returning To Work

Brother Kevin Akridge has signed a waiver and as soon as he takes his physical will return to active service.

Claiming Rules

Please check out the new "Claiming Rules" page that has been added to the site.

Promotion/Demotion Of Engineers

When an Engineer is promoted or demoted, the only responsibility the Carrier has is that of attempted notification. You DO NOT have to be on duty to be notified. It is responsibility of the Carrier to promote/demote Engineers and as long as they attempt to notify you of the promotion/demotion, you must accept it. If you are promoted/demoted and the Carrier did not attempt to notify you (and you show up for work), you must pursue payment through the time slip process. You can not stay and protect the assignment you held prior to your promotion/demotion.

Raymer Appeal Declined

Division Superintendent Jeff Sliger denied Local Chairman Kintner's appeal of Larry Raymer's excessive speed discipline. Local Chairman Kintner has forwarded the declination to General Chairman Emert so he can appeal it to Labor Relations.

LET's Used As Conductors

Local Chairman Emert forwarded a copy of an e-mail received from Division Superintnedent Sliger to Local Chiarman Kintner. The e-mail was in regard to the Carrier using LET's as Conductors. Mr. Sliger assured Brother Emert the practice would cease immediately. He also said the only way that it could happen was in a case where all the decision tables had been followed AND the call office had the permission of himself, Assistant Division Superintendent Bancroft, or Division Road Foreman Driskell to use an LET as conductor. Brother Emert was in agreement with the e-mail.

Utility People (Blue Flag Protection)

Utility people can not tie brakes, step in, attach an EOT, etc. on a track without a crew attached. If there is no crew on the track (or crew has fallen under hours of service law), you must have blue flag protection. FRA will be in Louisville to enforce this rule.

Local Chairman Meeting

On August 21, 2007, Division Superintendent Jeff Sliger held a meeting to address problems from the Local Chairmen. Todd Smith, John Allen, and Joel Kintner attended the meeting along with Local Chairmen from Cincinnati and Danville. Some of the topics discussed were: failure of Louisville supervisors to perform their duties, calling procedures, call office, dispatchers, chief dispatchers, air conditioning at main office and fairgrounds, New Albany Yard, Matt Faith's recent START handling, lack of employees, training program, cleanliness of restroom facilities, yard brake tests, safety committee, the exclusion of (LR) Brian Brock and (Alt LR) Mary Milliner from the safety committee, Danville motel, abundance of grievances, claims conferences, and other topics. A complete report will be given at the September 12, 2007 meeting of UTU Local 1328.

Local Update

UTU-E Local Chairman Joel Kintner appealed Engineer Larry Raymer's excessive speed discipline through the Division Superintendent and the START Oversight Committee. The following grievance was filed by Local Chairman Kintner: LET Jason Fisher called to protect the conductor vacancy on 223 (8/20/2007) instead of the Carrier following the decision tables. Richard Jones is the newest UTU-PAC contributer (Thanks Richard!). Don't forget about our next local meetings on September the 12th!

Washington Update

We must keep the pressure on the Carriers! Contact your congressional representatives in the House (contact info on Legislative/Safety page) and tell them to support H.R. 2095 (Federal Railroad Safety Improvement Act of 2007) and H.R. 2125 (Railroad Competition and Service Improvement Act of 2007), and to oppose H.R. 2116 (Freight Rail Infrastructure Capacity Expansion Act of 2007). Your involvement is crucial in our unions forward progress.

UTU Endorsements In Kentucky

Here is a list of the KY/UTU/AFL-CIO endorsements for the November Kentucky general election: Governor-Steve Beshear, Lt. Governor-Daniel Mongiardo, Attorney General-Jack Conway, Secretary Of State-Bruce Hendrickson**, Auditor-Crit Luallen, and Treasurer-Todd Hollenbach.

* Denotes Incumbent
** Denotes Son, Zach Hendrickson, Member UTU Local 376 (Louisville)

2008 Regional Meeting Dates

The dates for the 2008 Regional Meetings are as follows: July 7-9, 2008 Denver, Colorado, Denver Hyatt Regency at the Colorado Convention Center and August 18-20, 2008 Nashville, Tennessee, Gaylord Opryland Resort & Convention Center.

Convention Over

Please click on the 2007 convention link to the left for information in regard to the 2007 UTU national Convention.

Report from National Convention

Local Votes NO! To START Policy

At the August meeting of UTU Local 1328, the membership voted unanimously to no longer participate in the START Policy. The vote stemmed from local Carrier officers refusing to honor the integrity of the policy. Instead of a tool to train and educate it became a tool for the Carrier to build cases, harass, and intimidate. The Carrier was notified of the vote at 4:00 p.m. on Thursday, August 9, 2007.

New Local Officers

At the August meeting of UTU Local 1328 the following vacant offices were
filled: Trustee - Jim Covert, Vice Local Chairman Engineer - Aaron Grissom, Local Chairman Engineer - Joel Kintner, and Vice Local Chairman Conductor - Jerry Blair. All Nominees were unopposed.

Safety Committee

Every local has an avenue for reporting unsafe working conditions. The avenue is called the Legislative Representative. Our "LR" is Brian Brock.
It is important that we report all unsafe conditions to Brother Brock so he can file them with the Carrier and most importantly, keep records of the reports (so injured employees can collect). The NS safety committee was discussed at our local meeting. The local can not keep members from participating in the committee but you are urged strongly not to. We need to use our elected avenue instead of a Carrier designed program to address problems without record.

Union Stewards

Effectively immediately, President David Thomas has eliminated the Louisville Union Stewards. The reason for his decision was the constant Carrier abuse of the positions and the Crew Management Centers refusal to acknowledge the positions. If you have a yard claiming issue please contact Local Chairman Smith or Vice Local Chairman Allen.

New Members

UTU Local 1328 would like to welcome the following new members: Larry Raymer and Aaron Grissom.

More Grievances And Timeslips Filed

UTU-E Local Chairman Joel Kintner filed the following grievances: TL65 being filled before calling window on 7-28-07 and Engineer getting 138 minute call on train 167 on 8-7-07. He also appealed 1 timeslip to the Division Superintendent for a 4 hour not called in order claim.

FMLA

As of now, employees are still required to use vacation and leave days at the commencement of their FMLA leave. This practice was overturned by the court system but the Carrier appealed and until it is settled we are still required to take all paid leave prior to non paid FMLA leave days. This information came from General Chairman Paul Emert's office.
August Meeting.

Merger Vote

Don't forget to vote on the proposed merger with the sheet metal workers.
If you did not receive a voting packet in the mail please contact the UTU International immediately. The voting deadline is August 7, 2007 at 11:59 p.m.

Injury Information

Railroad workers do not work under Workman's Compensation Act. We work under the Federal Employees Liability Act. If you are injured on the job and require medical attention, please present your insurance card to the Emergency Room attendant and explain that your injury has nothing to do with Workman's Compensation and that you are instructing them to bill your insurance provider. This will also make it more difficult for the Carrier/Claim Agent to obtain your medical records until you are ready to submit them.

And Even More Grievances Filed

UTU-E Local Chairman Joel Kintner filed the following grievances: TL43 being filled by u-man instead of using calling procedures, 7/19/2007 and
TL27 being filled by u-man instead of using calling calling procedures 7/23/07.

More Grievances

UTU-E Local Chairman Joel Kintner has filed the following grievances:
Waddy Turn relieving TL43 on 7-20-07, TL07 Foreman being filled by Uman and not being called properly
7-21-07, TL41 working shorthanded longer than 60 minutes 7-20-07, and TL41 working shorthanded longer than 60 minutes 7-21-07.

Reporting Injuries

If you are injured at work you must complete a Form 22 Injury Report. It doesn’t matter how slight you might think the injury is or if you do or don’t need medical attention. The completion of the Form 22 is required by the Carrier in all injury cases. We currently have members out of service and charged for not filling out a Form 22 at the proper time. Protect yourself, your job, and your livelihood by filling out a Form 22 whenever you are injured or think you may be injured. Take care of yourself because the Carrier will not!

The ground members in attendance at the July meeting voted no to 60 bump proposal. Switchman Local Chairman Todd Smith will be attending the regional meeting in Pittsburg, Pennsylvania from July 16-18 2007. UTU-E Local Chairman Kintner filed the following grievances: TL97 9:00 a.m. start time 6-26-07, TL41 Engineer not being called from extra board 7-14-07, TL42 Engineer being called outside calling window 7-15-07, and TL03 being filled by demoted Engineer working as the switchman on job instead of promoting senior demoted Engineer 7-14-07. Motion was made and passed at the July meeting to vote at the August meeting on whether the Local would recognize the START policy. The motion stemmed from local NS officers refusing to honor the integrity of the policy which was based on education and training. Delegate Joel Kintner will be attending the UTU International Quadrennial meeting in Hollywood, Florida from August 13-17, 2007 (as required by UTU Constitution). UTU-E Local Chairman Joel Kintner filed one attendance appeal to the Division Superintendent and one attendance appeal to the START Oversight Committee.

Switchman Local Chairman Todd Smith will attend a meeting at the Crew Management Center (Atlanta) with a local BLET representative and local NS officers. If you have any questions or comments for LC Smith about the CMC contact him immediately so he can forward the information to the proper authority. The meeting will take place in Atlanta on July 14-15, 2007.

Work Records/Discipline

If you have been counseled in regard to your work record you need to contact your LOCAL CHAIRMAN immediately. Your Local Chairman will grieve each instance and appeal the "discipline" to the Division Superintendent and the START Oversight Committee. If these steps aren't taken you will aid the carrier in building a case against yourself that could lead to dismissal. If you are ever approached about any type of discipline (work record, rule violation, etc) demand your Local Chairman be present. Don't just grab any representative out of the crew room, this practice makes assessing discipline easy for the carrier. Always include your Local Chairman in any discussions with Carrier Officers.

Vote At July Meeting

At the May meeting of UTU Local 1328 a motion was made by Steve Bishop to allow all ground employees a 60 day displacement right (similar to engineers). The motion was seconded by Dean Keal and passed. To vote on this issue, you must be a ground employee and you must attend one of the July meetings (July 11, 2007 12:00 p.m. and 6:00 p.m. Hampton Inn New Albany). If the vote passes, the results will be forwarded to the General Chairman's office and he will then contact labor relations and pursue an agreement.

General Chairman's Mother Passes

Mrs. Barbara Patty, the mother of General Chairman Paul Emert, passed away. The family will receive friends at the McCammon-Ammons-Click Funeral Home in Maryville, TN on June 20, 2007 from 6:00 p.m. to 7:30 p.m.
The funeral will follow immediately. Burial will be at 11:00 a.m. on June 21, 2007 at Millers Cove Missionary Baptist Church. Keep the Emert family in your thoughts and prayers.

McCammon-Ammons-Click Funeral Home
(865) 982-6812
229 West Broadway Avenue
Maryville, TN 37801

Shelbyville Utility Jobs

Under no circumstance are utility people authorized to work over 12 hours and violate the hours of service law. If you do this YOU are subject to a fine from the Federal Railroad Administration. By law, the only thing an employee is allowed to do after 12 hours is the quick tie up in crew call.
You are not allowed to watch shoves, haul crews, drive yourself, make couplings, fax paperwork, etc. Be sure to have yourself at the tie up point within 12 hours and if you are not immediately stop your movement and call the dispatcher for a ride to the tie up point. Also, after completing your tie up screen, you are not allowed to drive company vehicles no matter how long you were on duty. We must follow the hours of service law without fail to keep our membership safe, to retain jobs, and to possibly gain utility jobs in the future.

UTU 1328 Golf Scramble

UTU 1328 held its fourth annual golf scramble on Friday June 15, 2007 at the Old Capital Golf Club in Corydon, Indiana. For the fourth consecutive year the event was co-sponsored by the Wettermark Holland & Keith Law Firm. The weather was nice and there was a wonderful turnout. The event featured over 80 golfers competing in the most competitive UTU 1328 scramble to date. In the end there were 2 teams that posted the score of
13 under par. The co-champions are Team Jim Covert (Jim Covert, Brian Emmons, Joel Kintner, and Ryan Groudle) and Team Damin Smith (Damin Smith, John Gonterman, Scotty Hupp, and Matt Faith). Third place went to a team from Princeton, Indiana (UTU 490). The third place team consisted of Frank Schmidt, Jerry Scott, Jerry Marshall, and Gary Helsley. And the team of Murrell Cotner, Dave Pavey, Donnie Seiler, and Larry Dekemper took fourth place. The local appreciates everyone's participation and behavior at the scramble.

Past winners:
2004 - Team David Pavey
2005 - Team Murrell Cotner
2006 - Team Jim Covert
2007 - Co Champs - Team Jim Covert & Team Damin Smith