NEWS INDEX

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

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 Metrolink Hearing

Link to Metrolink hearing - http://www.reuters.com/article/domesticNews/idUSTRE5230AG20090304

February 2009

More Jobs Lost In Rubber Town

 

Story:  Please click on this link to learn more about Oxyvinyls closing its doors -

http://www.courier-journal.com/apps/pbcs.dll/article?AID=2009302270010
 

Group Disability Insurance

 

GROUP DISABILITY FOR UTU MEMBERS
By UTU General Chairperson Paul Emert
Group disability insurance is an essential financial backstop for UTU members, many of whom have been denied coverage because of pre-existing conditions resulting from their railroad employment.

With help from my assistant general chairperson, Mark Cook, we contacted numerous insurance companies.

Along with UTU General Secretary & Treasurer Kim Thompson, we were impressed with a group disability policy available from Mutual of Omaha, an A+ rated insurance carrier with more than $4 billion in assets.

Every UTU rail member would be eligible -- guaranteed coverage during the open enrollment period -- regardless of existing health conditions.  Especially attractive is that the coverage would allow members with a UTUIA disability plan to keep that plan in addition to the Mutual of Omaha plan without any reduction in plan benefits.
This could be important to those seeking greater coverage than would be offered by the Mutual of Omaha plan.

Also attractive is that the UTUIA field supervisors support the Mutual of Omaha plan and would assist UTU members with questions during the open enrollment period.  Because of the size of our membership and our collective buying power, premiums would be especially low -- about $25 per month, through payroll deduction, for benefits of up to $1,500 monthly for up to 12 months per disability. The coverage would be for accidents or sickness, 24/7, on or off the job, and would be tax free.  A similar policy -- even if it could be purchased individually from an insurance company -- would cost our members up to $100 monthly.  UTU officers have an obligation to do whatever is necessary to provide for and protect the needs of the membership. This includes ensuring our members have income to protect their families and property during times of sickness and injury. This policy from Mutual of Omaha will do just that.  The plan will require approval of the UTU Board of Directors and would be available within 90 days of such approval.  Watch the UTU Web site at www.utu.org for updates.  (Paul Emert, general chairperson of Norfolk Southern GO 898, was a UTUIA local insurance representative for 26 years and has in-depth knowledge of insurance products and special needs of UTU rail members.)
 

Stimulus Law (Railroaders)

 

Story:  Click on the follwong link to learn how the stimulus package applies to you -  http://www.utu.org/worksite/detail_news.cfm?ArticleID=45921

 

Cell Phone Update

 

Brothers, this E mail was in response to an incident that actually happened.  We E-Mailed National Legislative Director James Stem and we posed the question to him.  The E Mail to Jimmy Strickland is his response.  Please advise your membership.

Jimmy,

 There is nothing in EO-26 that even implies that a carrier officer has any rights to ask an employee to surrender his cell phone, his wallet, his car keys, or any other personal property.  If the employee has a cell phone on his person that is visible to an officer, it is reasonable to expect the officer to inquire if the cell phone is ON or OFF. 

I would not surrender any of my  personal property at the whim of a carrier officer.  The FRA prohibits their inspectors from asking an employee to allow them to examine his cell phone.  I hope this helps answer your question.

James Stem

Conductor In Train Crash Had Safety Violations

BOSTON - A train conductor facing scrutiny for his role in last year's runaway freight crash that left about 100 people injured had been cited previously for leaving rail cars on a steep hill without applying the brakes, according to a disciplinary report filed as part of a lawsuit, according to Noah Bierman of the Boston Globe.
(See, at the end of this item, a response to this article by UTU New England States Legislative Director George Casey.)

Despite that 2002 rules violation and at least eight other mostly safety-related citations, the conductor was left in charge of delivering and securing a 112-ton freight car that came loose from a lumber yard on March 25 and barreled down 3 miles of track before ramming an MBTA commuter train and injuring about 100 passengers in Canton.

The conductor's disciplinary history, over a 15-year career, was included in court documents filed Friday as part of an ongoing lawsuit between the Massachusetts Bay Transportation Authority and several other parties, including CSX Transportation, which was in charge of the freight car and employed its conductor.

The attorney for CSX conductor James M.. Collins denied his client had ever failed to set handbrakes on freight cars, and blamed the MBTA for trying to smear Collins as part of the lawsuit over the Canton accident. "There's overwhelming evidence in this case that he set that handbrake," he said yesterday.

(Collins is a member of UTU Local 1473, Boston.)

The lawyer pointed out that the rail car sat at the Cohenno lumber yard for five or six hours on the day of the crash before it rolled away.

Collins, 61, and the engineer on the job, Lawrence O'Neil, wrote in sworn statements the day after the crash that they had set the Canton freight car properly. Collins has not been disciplined by CSX for any rules violations since 2004, according to court documents.

The MBTA and the private company that runs its commuter rail service blame CSX for the crash and are trying to build a case that the company has a history of recklessness in securing freight cars. CSX says in court documents that the MBTA is trying to create a sideshow, presenting information out of context in court filings, and "grandstanding" to deflect blame.

CSX asserts in court papers that MBTA equipment could have prevented the crash by derailing the runaway car, but failed, and that the MBTA's contractor may not have taken enough action to protect passengers as the freight car rambled off the lumber yard.

Officials on both sides declined to comment on the suit.

A day after Collins was cited in 2002 for "leaving cars unattended with no handbrakes on a steep grade," he was cited for a more technical violation and told his supervisor that "no work would get done if safety rules were obeyed," according to CSX reports included in the MBTA's court filing.

The MBTA memo filed Friday also says CSX, which operates in 23 states and Canada, has admitted to between 300 and 350 documented instances in which its employees have failed to set handbrakes. CSX says in its response that those incidents represent allegations made over the course of eight years, when its employees set handbrakes thousands of times per day.

The Federal Railroad Administration mentioned the company's problems securing cars in a 2007 safety audit. Over a three-day period, safety inspectors found seven instances of failing to apply handbrakes sufficiently..

"Safety is always our primary focus and when the FRA comes to us with something, we work very closely with them and always in the interest of trying to improve what is already a very good safety record," said Bob Sullivan, CSX spokesman.

The federal agency also cited handbrake problems as the cause of 25 accidents involving CSX between January 2006 and November 2008.

Agency spokesman Rob Kulat said in September that officials would file no criminal charges related to the Canton crash because there were neither fatalities nor any apparent motive. Kulat said yesterday the agency had not concluded its investigation.

Collins, and the engineer working with him the day of the Canton crash, refused in civil court depositions to answer questions about how they set the brakes on the freight car that eventually came loose last year, according to court documents. Both men cited their right against self-incrimination.

CSX and the lawyer for Collins contend the MBTA forced them into that response by conducting a parallel criminal investigation of the crash through its police department.

"They're trying to put my guy under the cloud of a criminal investigation," said the lawyer, who has filed suit against the MBTA over what he said is its refusal to hand over the findings of its investigation.

The MBTA finished its investigation last year, turning it over to the Norfolk district attorney's office, which has yet to finish its review, according to spokesman David Traub.

All parties involved in the lawsuit, including Cohenno lumber and the MBTA's contractor, the Massachusetts Bay Commuter Railroad Company of Boston, set aside money last year to settle passenger claims for injuries and property damage. So far, 37 claims have been settled. Another 180 are pending.

George Casey's response:

"Dear Noah:

"I was disappointed that you disregarded any of the points I made concerning the accusations made against Conductor James Collins, and that I felt he was being scapegoated by the other defendants, MBTA & MBCR in the Canton Junction accident. I think I called it the deep pocketed defendant campaign.

"Please allow me to paint a more accurate picture for you to investigate.

"There has been nothing more than innuendo focused against the freight train crew. They have testified that the car was secured. I think the "reasonable man" scenario would concur that if the car sat motionless for nearly six (6) hours, that something other than gravity set the car in motion.

"Therefore, why isn't the MBTA-owned, MBCR-maintained derail on the Coheno siding called into question as failing to perform it's safety related function?

"Why isn't the Coheno crew considered persons of interest as having set the car off on it's way down the hill to collide with the commuter train?

"Why isn't the fact that the original split derail at Coheno's siding, which was replaced by MBCR, and returned almost immediately after the accident, replaced?

"Why wasn't the NTSB brought into investigate the accident?

"Why hasn't the Federal Railroad Administration been asked to explain why railroad customers are allowed to move cars around on their sidings without any safety requirements?

"I would suggest it's analogous to the FAA allowing Sky Chef to move planes around to accommodate food loading.

"It seems that a great deal is being conveniently overlooked in your article.

"I guess the convenient scapegoat is an individual who was just doing his job on the day in question, who has been threatened with criminal prosecution and now vilified and embarrassed in public.

"It appears to me, that there are numerous targets for the Boston Globe to get answers from, who are in the public domain, but instead is unwittingly assisting defendant MBTA in conducting a media campaign to deflect their responsibility in the instant case.

Very truly yours,

George T. Casey

General Chairman

United Transportation Union

(This item appeared Feb. 18, 2009, in the Boston Globe. Additional information added by UTU editors.)

Brock Contacts Sliger About Mixing Center

Mr. Sliger,

We have a couple of issues at the Shelbyville Mixing center, the first being the instructions from the operations managers that road crews working in the area are receiving. In the fall of 2007 brother Phil Culver and I where on train 287 and received instructions to enter the mixing center yard and proceed with our switching. Upon arriving at the stop sign on the north lead that reads “STOP Identify the position of the Crossovers”, brother Culver and I discovered that the lower crossover was out of correspondence. I then notified the operations manager of the situation, since the mixing center controls this crossover. His response to us was “you can come on in; my crew is stopped and will stay in the clear”. Trying to reiterate the fact of the crossover being out of correspondence was a rule violation, engineer Culver requested that the switch be lined to correct the problem. Once again, the operations manager insisted his crew would remain stopped. Reluctantly we proceeded into the yard and as we passed by the crossovers, the mixing center crew began to pull towards us. Luckily, the crew stopped short of the crossover and avoided side swiping us. The following week I attended the road safety meeting and presented the problem to the committee along with the pictures I had taken of the issue. Trainmaster Doran was made fully aware of the situation then, and took no action in remedying it.

This past fall a similar situation arose when brother Jason Pike and engineer Bob Bezy were setting off a cut of cars in the mixing center. The crew had shoved up the Manetta lead and into a track where they set off the cut. Before proceeding brother Pike, requested permission to depart the yard and permission was granted. Engineer Bezy inquired about the switch crew on the west end ramp lead, and was told, “my switch crew is stopped and will stay in the clear”. Engineer Bezy proceeded ahead and as he did, the switch crew began moving. The switch crew pulled up to the clearance point and engineer Bezy stopped to check the clearance as brother Pike made his way up the walkway to the head end. After determining that there was sufficient clearance engineer Bezy proceeded to pull and as he did so, the mixing center switch crew fouled the lead resulting in a sideswipe. This could have ended with a much more devastating outcome, had brother Pike been further up the walkway.

Our latest as of this past Friday brother Charlie Allen and engineer Jack Briles where yarding their train (287) and asked where the engines need to go. The operations manager instructed them to leave the engines in the spur track. After arriving at the spur track brother Allen notified the operations manager of the rail equipment that was parked in the spur along with the blue flag that was displayed. The operations manager insisted that the crew park the engines in the spur track. Being pessimistic and cautious, the crew refused and informed the manager of Norfolk Southern Operating Rules 26-A-2 and 26-B. After some time the manager realizing he was wrong, gave the crew permission to leave their engines in another track. One would think that the situation was resolved but there are still two rules being violated, Safety and General Conduct Rules 1300 - C - 1 and 1300 - C - 2. There is no lock on the spur track switch to prevent access to the track and there is no derail on the track to separate the track into segments.

These are just a few of the many instances that have somehow slipped under Mr. Doran’s radar and obviously his safety committee’s too. It is upsetting when a safety committee holds its meeting at a facility where so many unsafe conditions exist and are created on a daily basis. Common sense would tell us that there should be some type of protocol for crews working in the mixing center. I.E. When Norfolk Southern Crews enter the mixing center all switching operations by mixing center crews are suspended until rail crews exit the area. In addition, the mixing center staff should be familiar with and abide by Norfolk Southern Safety and Operating Rules. Those are just a few ideas that come to my mind, to help the problem.

The other issue I want to bring to your attention is that of the Shelbyville utility truck. I spoke with Mr. Doran back in the summer about having a radio installed in the vehicle. His response to me was ”I’m working on it”. I spoke with him again in the fall and was told, “a division officer has to approve the order and installation of a new radio”. I attended the interdepartmental safety meeting in January and reported that the truck still needed a radio and Mr. Doran insisted that the radio was being ordered and there was no reason to include this in the safety committee’s minutes. It is now February and still no radio. I would have inquired about the status of the radio at one this month’s safety committee meetings, but I was not invited to any of them. I am usually invited to at least one of them (interdepartmental) and I always attend to voice any safety concerns that my members or I might have. You may be wondering why this is such an issue, the answer to that question is that our handheld radios do not have the range to communicate with the trains we are assisting, especially when the train’s length extends into Joyes siding. Sometimes the utility person lines the switch for trains that are bound for the siding and cannot even communicate that to the approaching train.

I know you like for union officers to handle things locally and I completely agree with that, but all efforts to resolve these issues have went unanswered for too long. The longer we take the “do nothing approach” to safety the more frequently preventable incidents are going to happen and the closer to a catastrophe we come. Thank you in advance for taking the time to help us come to a speedy resolution to these issues.

J.D. Chappell Presented With Brass Lantern

 

UTU 1328 President Phil Culver presented Wettermark Holland & Keith Investigator James Chappell with a brass lantern as a token for all of "J.D.'s" great work over the years.  "He really goes above and beyond his duties as a FELA investigator" and "he is the epitome of a dedicated union brother", said President Culver.  Congrats J.D.!

 

(Please insert the attached picture with this story)

 

TWIC Card Update

 

Local Chairman Allen (by instruction of General Chairman Emert) has asked the membership to go ahead and get your TWIC card, submit time for both days (8 hour claims) and he will handle it through the appeals process.

 

Another Great Turnout

 

Thanks to everyone who attended the February meetings.  The were approximately 30 members attending which currently equates to 30% of our membership.  Keep up the great work.

Long Time UTU Engineer Retires

 

The membership would like to thank Engineer Murrell Cotner (retired February 2009) for his career long dedication and support.  We hope Murrell has a long "golf filled" retirement.

 

Retired Switchman Passes Away

 

Former K&I and NS Switchman Ted Deitsch passed away.  His obituary can be found on the Louisville Courier Journal web page.

Disability Policy Update

 

A quick update on the rumored UTU disability policy.  All UTU members are eligible.  The premium will be $25.00 per month and there is an opt out clause.  The policy will pay $1500 per month for 12 months if you are injured on or off the job or if you are ill.  There will be a 30 day grace period and a 1 year grace period on pre existing conditions.  The policy has to be approved by the board of directors and then voted on by the delegates before it comes available.
 

Sweatshirts Are Here!

 

The hoodie contest winners will be able to pick their prize up at the February meetings of UTU Local 1328.

Furloughed Insurance Continuation

 

If you are furloughed and call prior to your 4 month insurance period expiring, you are eligible for extended reduced coverage.  Please call United Health Care at 1-88-842-5252.  Ask about the UH 23-111 plan.  There should be 3 reduced cost/coverage plans available to you.

 

Furloughs Hit Mechanical Department

 

We just received work that the mechanical department just laid off 12 car department workers in Williamson (on the NS system).  More Mechanical lay offs are sure to follow.  (Just received work that an additional 5 car department workers were laid off in Columbia and Linwood). 

 

ENTRY-LEVEL DISPUTE HEADS TO NEW PANEL

 

The dispute between the UTU and the National Carriers' Conference Committee over entry-level rates of pay is headed to a national wage and rules panel as a result of an arbitration award finalized Jan. 22.  UTU International President Mike Futhey issued a dissent to the award, which was written by arbitrator Robert Peterson and agreed to by the railroads' partisan, former carrier chief labor negotiator Robert Allen.  Peterson's decision holds that the issue of entry rates was "addressed or considered as part of the give-and-take" of the 2004-08 collective bargaining round, and that the issue may now be handled by a national wage and rules panel, first created during the 1996 round of national negotiations.  Members of the panel are appointed by the parties. The carriers typically appoint the chairman of the National Carriers' Conference Committee and carrier vice presidents of labor relations.  The UTU members typically include the UTU international president and members of the UTU national negotiating committee. The panel's meetings are scheduled on mutually agreeable dates in the same fashion as national negotiations.  Futhey said in his dissent, "This dispute does not involve the give-and-take at the bargaining table in the 2004-08 round. Rather, it concerns the deferred price the carriers agreed to pay in the involved side-letters" to the 2002 UTU National Agreement.  "The Board," Futhey said, "simply should have found that the parties are obligated to establish the nexus between entry rates and training/experience," and that should be done "completely outside" of the give-and-take in the 2004-2008 round "because the commitment to make that nexus remains outstanding from the 2002 round."  Futhey added that he will use all tools at his disposal -- including legislative pressure on the carriers -- to achieve a successful outcome of the entry-level pay issue on behalf of new hires.  The UTU position going into arbitration was that once conductors and yardmasters are hired, trained and given full responsibilities, those conductors and yardmasters should be paid full service scale, meaning the same rates of pay as their peers with similar training and responsibilities.  Although some railroads have scrapped entry-level rates for newly hired and fully-trained conductors and yardmasters that are given full responsibilities, it is the industry norm to pay them less for the first five years.  Entry-level rates of pay were first agreed to during the carriers' dark days of the 1970s, when many railroads -- much like the automobile industry today -- were mired in financial losses and facing poorer prospects. The question put to the arbitrator Dec. 4 was whether the carriers complied with their written promise to deal with the entry-rates issue; and, if not, what is the appropriate remedy for the carriersʼ non-compliance?  The UTU told the arbitrator that the remedy should be an award that requires a 60-day negotiating period with a mandate that the parties submit the dispute to interest arbitration if the dispute remains unadjusted after the 60-day negotiating period.

Railroad Retirement Board Toll Free Number

 

Please call 1-877-772-5772 or 1-877-RRB-5RRB to get information in regard to your Railroad Retirement benefits.  The is also an automated line at 1-800-808-0772 and their web page:  www.rrb.gov.

 

Dues Paid In 2008

 

The average UTU 1328 member paid $917.00 in dues for he 2008 calendar year.  This information is useful in filing your 2008 tax returns.

 

Flowback Update

 

General Chairman Paul Emert E-mailed the following flowback update:  I met with Labor Relations (LR) on January 14 and 15 and Flow Back was again discussed in depth but again nothing was resolved.  The Carrier is aware that there is very little interest in Flow Back other than on selected territories .  They agreed to discuss the issue in March along with the BLET General Chairman.  I don't see much of a change in LR position until the membership votes for me to serve a formal notice to implement Flow Back committee wide.  The last vote indicated that only 14 Local Chairmen out of 81 were interested in Flow Back but I will keep pushing for a district agreement.

 

Detailed Bonus Payment Statements

 

LR sent me bonus calculations for 16 employees which was forwarded to the employees.  LR wanted to know if the employees could understand the  information and if the format was easily understood.  All 16 employees agreed that the format was good and they understood the information.  When I received a response from the 16 members which was the latter part of December, I informed LR to begin preparing the report for each employee who made a timely request.  LR has begun creating the reports which will be sent to each employee who made a request.

January 2009

July 2008

June 2008

Emert wants dues increase

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

May 2008

April 2008

L.R. Wants Pictures

March 2008

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.

December 2007

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!

November 2007

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:

• New Years Day

• Washington's Birthday

• Good Friday

• Memorial Day

• Fourth of July

• Labor Day

• Thanksgiving Day

• Day after Thanksgiving Day

• Christmas Eve

• Christmas Day

• New Year's Eve

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.

October 2007

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.

September 2007

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.

AUGUST 2007

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

• Mike Futhey was elected International President

• Arthur Martin was elected Assistant President

• Kim Thompson was elected General Secretary and Treasurer

• James Brunkenhoefer was elected US National Director

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.

[TOP]

July 2007

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!

July Information

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.

Call Office Meeting

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.

[TOP]

JUNE 2007

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

[TOP]