Brotherhood of Locomotive Engineers and Trainmen UPSR News

Railroad Limo Safety Improvement act passes Texas legislature

2009-05-19T09:50:00.001-05:00

----- Original Message -----

From: Terry Briggs

To: Undisclosed Receipents

Sent: Monday, May 18, 2009 4:24 PM

Subject: Railroad Limo Safety Improvement act passes Texas legislature

To: Division Officers – Texas

CC: General Chairmen, BLET Auxiliary, Designated Council, BLET National Division

Brothers and Sisters,

I am very pleased to announce that the Railroad Limo Safety Improvement bill, SB481, finally passed the legislature on May 12. The bill was sent to the Governor on May 14. The Governor has 10 days from that date to either sign or veto the bill, or he can allow the bill to become law without his signature. There is no reason for the Governor to veto this legislation and it is expected that he will sign the bill.

SB481 strengthens the regulation of contract carriers (railroad limo companies) who transport railroad operating crews in a vehicle designed to transport 8 passengers or less, including the driver, when operating intrastate. A copy of the bill is attached. The underlined text highlights the changes being made in current law.

Current Texas regulations for contract carriers include a limit on a driver’s hours of service, vehicle maintenance and inspection requirements, and certain driver qualifications.

In addition to the current regulations, SB481 requires contract carriers to set up a program to screen drivers for drugs and alcohol upon employment, post accident and randomly. The regulations requiring a drug and alcohol screening program to be set up will include important provisions which protect the limo drivers’ rights. Additionally, contract carriers will be required to maintain a minimum of $1.5 million in liability insurance. Finally, the legislation requires the Texas Department of Public Safety to inform contract carriers as to what regulations apply to their business.

The passage of this bill culminates efforts that the Texas State Legislative Board (TSLB) of the Brotherhood of Locomotive Engineers and Trainmen (BLET) initiated in August 2006. Identical legislation was filed last session (2007-2008) but the bill was killed by the (then) Chair of the House Calendars Committee. The legislation was filed in response to a contract carrier accident in Texas in August 2005 that claimed the life of one person and severely injured two BNSF railroad employees, ending their railroad carriers. The conductor injured in this accident is dependent upon others for his care, and will continue to be so for the rest of his life. In a post accident drug screen, the driver of the vehicle transporting the rail crew tested positive for methamphetamines. Additionally, the vehicle being driven was covered by only $55,000 in liability insurance.

I want to acknowledge several people who helped pass this legislation. State Representative Marc Veasey (D), Fort Worth, filed the bill in the House. Senator John Carona (R), Dallas, filed the Senate version. Both legislators and their staff helped immensely.

UTU State Legislative Director, Connie English, and Vice Director, David Arterburn, both helped with the essential day to day lobbing. In addition, the Texas AFL-CIO and the members of the United Labor Legislative Committee (ULLCO) provided the TSLB Chairman with invaluable advice and support.

Finally, over 30 BLET Division Legislative Representatives lobbied for SB481 during a two day TSLB meeting held on March 3^rd and 4^th, 2009 in Austin.

Contract carriers travel 30 million miles yearly in Texas transporting BLET and UTU members to and from trains and between terminals. Thanks to the combined efforts of everyone mentioned above, and all of our members who contacted legislators, SB481 has finally passed making on the job travel by contract carrier much safer in the future.

Fraternally,

Terry Briggs, State Legislative Chairman

Brotherhood of Locomotive Engineers and Trainmen - IBT

7083 Baker Blvd.

Richland Hills, TX 76118

817-285-7668

chairman@tslb.org

2009-03-30T15:12:00.001-05:00

FRA cracks down on harassment of injured rail workers

CLEVELAND, March 30 — BLET National President Ed Rodzwicz today hailed action by the Federal Railroad Administration to crack down on the harassment and intimidation of injured rail workers.

In today’s Federal Register, the FRA published a worker-friendly interpretation of 49 CFR Part 225-Harassment and Intimidation Prohibition. The FRA now interprets harassment and intimidation of workers to occur when railroad supervisors accompany injured employees into an examination room.

“Workers often feel uncomfortable or intimidated when a representative of railroad management enters the doctor’s examination room after the worker has sustained an on-the-job injury,” President Rodzwicz said. “On behalf of all BLET members, I thank the FRA for clarifying this point and improving the protection of injured rail workers.”

There are exceptions to the rule — a railroad supervisor can enter the exam room if the injured employee issues a voluntary invitation, or if the employee is unconscious or unable to communicate and the supervisor’s input is needed to provide material information to the physician.

The rule came about after injured workers complained that unwelcome railroad supervisors entered exam rooms in an attempt to persuade doctors to issue less severe diagnoses. The less severe the diagnosis, the less likely the injury would have to be reported to the FRA.

The FRA can issue harsh financial penalties to rail companies for harassing and intimidating workers.

“This new rule protects the privacy of our members and allows them to have the same doctor-patient confidentiality that all Americans enjoy,” President Rodzwicz said. “The BLET sees this favorable interpretation as a step in the right direction by the FRA.”

A copy of the interpretation is available on the BLET website at:
http://www.ble-t.org/pr/pdf/49CFRPart225H&I.pdf

Monday, March 30, 2009
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4786

Harassment & Intimidation Interpretation From FRA

2009-03-30T09:37:00.001-05:00

Brothers,

Attached and below is the FRA interpretation of 49 CFR § 225.33(a)(1) prohibiting harassment and specifically addressing railroad supervisors going into the examination room during the exam of injured employees.

Please distribute this information to our membership.

Fraternally,

Gil Gore

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

Railroad Accidents/Incidents: Reports

Classification, and Investigations

AGENCY: Federal Railroad

Administration (FRA), Department of Transportation.

ACTION: Notice of interpretation.

SUMMARY: FRA is issuing this notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room. This notice of interpretation informs the regulated community as to when such behavior constitutes harassment or intimidation calculated to discourage or prevent the reporting of an accident, incident, injury or illness. This document is not intended to address or impact statutory provisions related to providing ‘‘prompt medical attention, as enforcement of those provisions fall within the jurisdiction of the U.S. Department of Labor.

FOR FURTHER INFORMATION CONTACT:

Douglas H. Taylor, Staff Director,

Operating Practices Division, Office of

Safety Assurance and Compliance, FRA,

1200 New Jersey Avenue, SE., RRS–11,

Mail Stop 25, Washington, DC 20590

(telephone 202–493–6255); or Zeb

Schorr, Trial Attorney, Office of Chief

Counsel, FRA, 1200 New Jersey Avenue

SE., RCC–11, Mail Stop 10, Washington,

DC 20590 (telephone 202–493–6072).

SUPPLEMENTARY INFORMATION:

I. Background

Section 225.33(a) of Title 49 of the Code of Federal Regulations requires each railroad to ‘‘adopt and comply with a written Internal Control Plan addressing the railroad’s policies and procedures regarding accident/incident reporting. This section 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 * * *.’’ The FRA Guide for Preparing Accident/Incident Reports also notes that ‘‘many 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.’’ FRA Guide, Ch. 1, p.8. The FRA Guide goes on to state that supervisory 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.’’ Id. FRA is aware of incidents in which a supervisor or other railroad official (hereinafter collectively referred to as the ‘‘supervisor’’) has accompanied an injured employee into an examination room, or other room in which the injured employee received medical treatment (hereinafter collectively referred to as the ‘‘examination room’’). While FRA is concerned that injured employees in such situations may not receive complete or prompt medical treatment, responsibility for ensuring that such treatment is afforded has been assigned by Congress to the Department of Labor. FRA is concerned that when accompanied by a supervisor an injured employee may be discouraged or otherwise prevented from reporting an accident, incident, injury or illness. Similarly, a supervisor may influence the type or extent of medical treatment afforded the employee in an effort to affect the reportability of that injury. 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.

The purpose of this document is to articulate a general principle regarding what behavior constitutes harassment or intimidation in violation of § 225.33(a)(1) in the particular context of supervisors accompanying injured employees in examination rooms. The interpretation contained in this notice reflects the longstanding position of FRA regarding this practice. This document is not intended to address or impact the meaning or application of the statutory provisions contained in 49 U.S.C. 20109 related to providing ‘‘prompt medical attention,’’ as enforcement and application of those provisions fall within the jurisdiction of the U.S. Department of Labor

II. Interpretation

A. General Principle

Harassment and intimidation occur in violation of § 225.33(a)(1) when a railroad supervisor accompanies an injured employee into an examination room, unless one or more of the exceptions listed in section II(B) of this notice exists.

B. Exceptions

FRA recognizes that there are limited circumstances in which it is appropriate, and indeed preferable, for a supervisor to accompany an injured employee into an examination room. Thus, FRA believes that limited exceptions to the general principle articulated in section II(A) of this notice are necessary. 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 seek 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 so that the injured employee may receive appropriate and responsive medical treatment.

Issued in Washington, DC, on March 24,

2009.

Jo Strang,

Acting Deputy Administrator, Federal

Railroad Administration.

[FR Doc. E9–6953 Filed 3–27–09; 8:45 am]

BILLING CODE 4910–06–P

From: Policy, Kathleen [mailto:policy@ble-t.org]
Sent: Monday, March 30, 2009 8:39 AM
To: _General Chairmen US GCA; _Legislative Chairmen US GCA
Cc: Tolman, John; Pontolillo, Tom; Stephen J. Bruno
Subject: harassment & intimidation interpretation

The FRA issued the attached notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room.

Kathleen Policy

Legislative, Political & Regulatory Coordinator

Brotherhood of Locomotive Engineers and Trainmen

Teamsters Rail Conference

25 Louisiana Ave. NW

Washington, D.C. 20001

Office: (202) 624-8766

Cell: (202) 552-9328

Fax: (202) 624-3086

policy@ble-t.org

www.bletdc.org

Work Stabilization - Agreement Package - Rail Safety Bill

2009-03-05T05:45:00.002-06:00

From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Sunday, March 01, 2009 7:19 PM
To: All Local Chairmen BLET UP Southern Region – 17 Questions

Subject: FW: Questions for Bro Gore - Work Stabilization - Agreement Package - Rail Safety Bill

Brothers,

I am providing these questions and answers that were forwarded to me regarding the Work Stabilization Agreement in DFW – Longview and the Agreement Package out for ratification on our Committee. These questions would apply to San Antonio as well and Houston once we get a finalized agreement. We are still working on the work stabilization agreement in the Houston Hub. There are also questions about the Standing Bid and Temporary Lodging Agreements as well as one on the new Rail Safety Act. My responses are in red below. Links to the agreements are located below for your quick reference.

DFW-Longview Work Stabilization Agreement

San Antonio Work Stabilization Agreement

Agreement Package Proposal – Entire GCA

Hoping you find this information useful, I remain.

Fraternally,

Gil Gore

BLET - CONFIDENTIAL COMMUNICATION
This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged. The content of this message is for informational purposes only; provided to the membership of the BLET and should not be construed as any official position on the application of any contract language discussed in this communication and should not be used or referenced by anyone in future proceedings. Any use of this information by anyone other than intended recipients is prohibited.

1. Has this already basically passed by a polling of your local chairman and polling Troy Johnson's local chairman, when do you think this will be in effect. The DFW – Longview and San Antonio Work Stabilization Agreements are out for ratification with ballots due back by 03-15-09. The agreement package is out for ratification (Standing Bid – Temp Lodging – Board Positioning – Pool Reduction) as a package to our entire Committee with ballots due back by 03-15-09. The UTU has agreements out for ratification in DFW, Longview and San Antonio. We are working on getting a work stabilization agreement for the Houston Hub as soon as possible. As you know, these are tri-party agreements (BLET – UTU – UP). DFW – Longview and San Antonio fall under the jurisdiction of UTU Chairman Johnson. Houston falls under the Jurisdiction of GC Bumpurs. As far as an implementation date, we will have to work through that once they are ratified.

2. I don't have trainman rights in Longview hub so should I choose Ft Worth as my EFT and bid to Shreveport ( i have residence here)

Assuming the agreement ratifies on both the UTU and BLET side, EFT Choice is a personal decision that each person will have to make initially or they will be assigned the EFT in which they are currently working. The establishment of EFTs neither grant nor reduce any seniority entitlement to anyone in either train or engine service. Whatever seniority you had prior to the implementation of these Work Stabilization Agreements you retain after their implementation. Your engine service seniority entitles you to work anywhere in the DFW – Longview seniority district as an engineer. There are provisions in the agreement dealing with engineers working within their EFT and outside their EFT (Article IV Paragraphs A&B). I personally can see no benefit to selecting an EFT where you hold no trainman’s seniority but that is only my personal opinion. Others may see that differently. The final choice is left up to the employee.

could they pull me back to Ft Worth under any circumstance,

If you chose EFT 2 as your home EFT you can work anywhere as a locomotive engineer as long as your seniority permits. The only way you could be forced back to EFT 2 as an engineer is if you cannot hold an engineers assignment in Longview (EFT 4).

can I even choose Ft Worth with no residence,

Yes all employees are free to select any EFT where they hold seniority. That is a personal choice that will either be made by the employee or assigned per your last work location. With the restriction of changing EFTs only every 3 years in Article III, A, 4 the employee under most circumstances would want to select the location where they live and hold seniority. That is a generalized statement and not a one size fits all comment. If your desire is to work as an engineer in a location where you hold no trainmen’s seniority, then your decision on selecting an EFT might be different under those circumstances. The important thing to remember is that your EFT selection in no way restricts the seniority that you have right now. No matter which EFT you select as you home EFT, you can continue to work as an engineer in Longview until you retire seniority permitting.

if i choose Ft Worth and work in Shreveport and then can't hold Shreveport or Longview hub and no one in Ft Worth is younger than me working would I flow straight back to conductor there

You could if you cannot hold as an engineer in EFT4 or EFT2. Per Article IV, B, 2 you have the opportunity to flow back to train service at your home EFT if you have trainmen’s seniority at that location. You also have the option to exercise your engineer’s seniority to any position you can hold in the DFW – Longview hubs if you choose to continue working as an engineer. See Q&A 3 regarding your ability to bid only in the craft you are currently working. Should you flow back to train service in EFT 2 then you would not have the opportunity to go back to Longview as an engineer until you were brought back to engine service under the agreement.

3. If you choose to flow back to train service and then decide you want to go back to eng service outside your EFT can you bump an engineer in another EFT even though you are a trainman, is there a time limit or what

The decision to flow back to train service will not fit all situations. Everyone should remember that once reduced to train service you have no bid rights as an engineer (See Article VI). You will have to be called back to engine service before you would again secure bid rights to engineer assignments. As long as you staying working as a locomotive engineer somewhere within the DFW – Longview seniority roster, then you would have engineer bid rights when a position comes open at the location of your choice. In this circumstance, the Standing Bid Agreement would get you home to Longview quicker by application rather than waiting on a 6 day bulletin to expire.

4. Alexandria llj66 will lodging be provided if we have to cover off extraboard and would it be counted in our 75 days, or since its a 125 miles lodging is automatic

On all assignments covered off of extra board over 30 miles the carrier has a contractual requirement to provide lodging. The only way any days of lodging would count against your 75 days would be if you were force assigned to the LLJ66 at Alexandria as your regular assignment.

5. Is there going to be a system put in place to see the lodging you have used for the calender year and a notation on the seniority roster showing your EFT

It is my understanding that there will be an EFT designation on the rosters. Per the Temp Lodging Agreement, each employee is responsible to keep track of their entitlement to lodging. It would be advisable to keep a calendar or diary of assignments and lodging used. Most are doing something like that for tax purposes are forced to work away from home.

6. Why can't we have a bump board anymore , like ts316 be85

We have objected to the bump board issue and there is a fix requested in the computer que by both Labor and CMS. We expect the fix sometime soon.

7. how do you put a standing bid in this new computer system, even for an extraboard

I personally have never done this but sent a note to Bev Anders requesting that they have a web meeting – conference call with Troy and I so that we can review that process. There are standing bids honored all over the Southern Region weekly with the adjustment of extra boards now. If we need more training, we will try to press for securing the same so that everyone knows how the process works prior to any implementation.

8. Forcing engineers off the bump board to a no-bid job after they stay on the bump board 48 hours , if no one they force the 1st out cut off engineer in that EFT to it and if there are no cut off engineers and no one hanging out on the bump board whats the next scenario a cut off engineer from another EFT

Per Article V of the DFW – Longview Work Stabilization Agreement if no one on the bump board and no applications and no demoted engineers at the EFT, then we would force the oldest demoted engineer from the next nearest EFT.

9. Have you heard if they AW board for conductors will go away if this passes and/or is the lodging they have been paying going away if this fails

It is my understanding they have negotiated new AW boards in all hubs. The lodging that has been provided was a result of some complaining by both the UTU and BLET labor leadership. In today’s economic environment, UP is planning to cut many management positions. There is no contractual entitlement to lodging at the present time. With or without this proposal, the lodging was on the radar for reduction. Troy, Larry and I have staved off the pulling of this lodging several times in the last year. Without a contractual entitlement, it is only a matter of time before UP reduces to a bare bones benefit only providing the requirements under the collective bargaining agreement. That is one reason that it appears there was a rush to ratify initially. I was trying to get the provisions in place so there would be no disruption in anyone’s benefit who currently is forced.

10. Where are we at on the new Federal Law about rest days or assigned off days and when does this go into effect for sure, or they going to cut the extraboard guarantees

The BLET UP General Chairmen have been trying to be proactive on the issues surrounding the Rail Safety Bill. We met with UP in January in Spring at the suggestion of our assigned VP Lee Pruitt. While many questions remain unanswered by FRA, it was productive to sit down the UP and discuss the possible impact of the implementation of the RSA coming on July 16, 2009. From that meeting Brother Pruitt talked to President Rodzwicz and helped secure a meeting in Las Vegas among all BLET GCs and State Leg Bd Chairmen which was attended by Vice GC Russell Elley on behalf of our Committee. We have another meeting scheduled for March 18, 2009 in Omaha with UP. President Rodzwicz, VP Pruitt and BLET Leg Staff working with FRA on the implementation of the RSA will be in attendance at that meeting along with all the BLET GCs. Our goal in these meetings is come to understandings where possible with UP on the implementation and impact of the RSA on our members and identify any disputes for expedited handling. We are trying to be proactive on these issues and will be distributing more information as it is received. We are both in limbo (Carrier and Labor) on certain aspects of the bill until FRA clearly defines their interpretation of the implementation. All labor unions have stakeholders at the table in those discussions with FRA. Review the BLET GCAs Joint Letter to UP by clicking HERE

The 48 hour requirement in the Temporary Lodging Agreement to physically report to the force assignment location seems too harsh and will likely exclude many employees from qualification. Why did we agree to that provision?

Agreements are usually negotiated in a quid quo pro fashion with each side securing benefits from the negotiations. The original proposal by the Carrier on this issue was to report within 24 hours. We felt that was certainly unreasonable and wanted 4 days. We ultimately agreed to the 48 hours as a compromise on the issue. While 48 hours in some instances may be tight, all locations on our territory that employees could be possibly assigned can be reached in no more than 12 hours travel time. That gives employees a day and ½ to prepare for the trip. The agreement mandates that you report to the location and attempt to make contact with the local MOP. The temp lodging agreement makes note that the purpose of the agreement is to provide opportunity for rest “prior to service” (Section 3, 2, Note). Reporting to the location simply means you must physically be there and contains no requirement to go to work within 48 hours of being assigned. That simply means you have to “report” and begin the qualification process by contacting the local MOP. It does not mandate that you go to work within 48 hours of being assigned. If you just arrived in town, then a rest period following the trip would be appropriate to comply with the Note in Section 3, 2 of the Temp Lodging Agreement. The quid pro quo exchange of the agreement is that they provide the lodging and we expeditiously fill the job. You can take longer, but doing so will put your entitlement to lodging in jeopardy.

Does the 48 hour requirement to report to the forced location in the Temporary Lodging Proposal have exceptions for someone who is legitimately sick, on vacation, PL or for some other reason unable to report?

As will all agreements, there is no one size fits all provision. If there are extenuating circumstances prohibiting someone from reporting within 48 hours, those should be explained to management with a commitment as to when you can report. If an employee was on vacation when the force assignment was made, then they should report within 48 hours after the vacation period ends and they will be entitled to lodging. If an employee is sick and unable to report, those circumstances should be reported to management with a request for exception and a commitment to report as soon as possible.

Is the reference to EFTs in the proposed standing bid and bump rules subject to modification if the Work Stabilization Agreements are not ratified?

The Work Stabilization Agreements are being ratified by each seniority location. DFW and Longview are being ratified together since they are common dovetail seniority. San Antonio is a separate ratification as will Houston be once it is completed. Coffeyville and Van Buren do not have need for Work Stabilization at this time because they retained the Side Letter 1 provisions form the UP Katy Merger of one and engineer always an engineer. If the Agreement Package ratifies and the Work Stabilization fails to ratify, then there will have to be adjustments in the agreements since there will be no EFTs. The references to EFTs would be eliminated and we would return to forcing the current assignment provisions for filling no bid vacancies.

Reference the Standing Bid Proposal Article II Section 2 number 3 – “To the closest unassigned/no bid vacancy at another EFT”. Can you give an example of how this would work if the Work Stabilization Agreements passes and how it might apply if they fail ratification?

Assuming the Work Stabilization Agreement ratifies, I provide the following example of the Standing Bid Article II Section 2, 3.

An Engineer in Fort Worth has failed to place within 48 hours of notification of displacement he would be assigned as follows:

To a no bid vacancy within EFT 2 (Fort Worth – Dallas).
2. To an Engineer’s Extra Board within EFT 2 seniority permitting.
If 1 and 2 or not available then to a no bid vacancy at Sweetwater (EFT 1), Chickasha (EFT 3) or Longview (EFT 4).

Assuming the Work Stabilization Agreement fails ratification, I provide the following example of the Standing Bid Article II Section 2, 3.

To the closest no bid vacancy within the Dallas – Fort Worth – Longview Hub.
To an Engineers Extra Board within the Dallas Fort Worth – Longview Hub seniority permitting.

Would it still be acceptable for an engineer to pass up and bump within the same pool since he would no longer be assigned in that pool after passing up?

No, the intent of the agreement is to stabilize the pool. It would not be permissible for an engineer to give up his assignment and place back in the pool which he vacated when he gave up the assignment unless he had no other seniority choice available.

Why is there a 3 year restriction on an employee changing his/her home EFT in the Work Stabilization Agreements?

The title of the agreement is Work Stabilization. The intent is to stabilize the work environment and provide opportunities for employees to stay home. There was much discussion about this provision. The trainmen wanted 5 years and we lobbied for 1 year. Our compromise was to allow movement of an EFT every 3 or more years. This is to prohibit someone from trying to gain unfair advantage of the ability to flow to or from engine service at specific locations where he/she might have a more advantageous seniority position simply on a whim. That is also the reason for the proof of relocation. EFT’s do not restrict or improve anyone’s seniority standing. UP’s plan should be to hire location specific to help control manpower needs and thus eliminate force assignments. These agreements preserve everyone’s seniority right to the expanded seniority in the hub in both train and engine service while at the same time protecting the promotion rights of trainmen as long as promotion is taken at the first opportunity at your home EFT. The selection of an EFT is nothing more than the area which identifies your rights of flow to and from engine service thus limiting your requirement to chase your seniority around these huge hubs. If someone wants to relocate to Chickasha from say Hearne before the 3 year period expires, he/she can do so with all seniority in tact. If reduced from engine service at Chickasha, then he/she would be entitled to displacement rights available when working outside his/her EFT under Article IV, B, Outside EFT. Those provisions are still much better than the current provisions which would have that person chasing his/her seniority over the entire seniority district if reduced from engine service at Chickasha. There is no magic bullet that will cover all circumstances. The provisions in this agreement while maybe not perfect for a particular unusual circumstance, provides better working conditions for everyone, even those who might decide to relocate before the 3 year limitation has expired. These agreements benefit all train and engine service employees everywhere.

17. In setion II, part B, San Antonio Work Stabilization Says, will include all assignments that go on duty at that location……etc………... Does this mean that the xe50 board at ax226-Taylor will protect “ALL” assignments at Taylor or will the BA110-Smithville xe70 board still protect the yard jobs like we do know?

The jurisdictional coverage of every extra board remains the same. The Work Stabilization Agreements do not change the jurisdictional coverage of the extra boards or what jobs are protected by what extra boards. The inclusion of all assignments on duty at that location is related to the geographical identification of the Ebb and Flow Territories for the purposes of flow to and from engine service. Outside that, the EFTs have no impact on other agreements.

FMLA update: Another positive ruling

2009-01-10T17:43:00.001-06:00

CLEVELAND, January 9 — Resolution of the Family and Medical Leave Act (FMLA) continues to unfold in a positive manner for Rail Labor as a group of FMLA arbitrators unanimously overturned additional carrier arguments on January 8.

After receiving the December 2 Award, which sided unanimously with Labor, the carriers filed a request for interpretation. In the December 8 Award, a panel of three arbitrators ruled that the FMLA policies of the four largest Class I railroads (BNSF, CSXT, NS and UP) violate the industry’s national vacation and personal leave agreements.

In the January 2 Award, the arbitrators unanimously rejected the carriers’ suggestions that:

1. Unscheduled leave should be treated differently from scheduled leave for purposes of their ability to force employees to use their paid leave as FMLA leave; and

2. The BLET personal leave agreement should be treated differently than the other national personal leave agreements for FMLA substitution purposes.

“I am pleased the arbitrators unanimously agreed with our position,” BLET National President Ed Rodzwicz said. “I ask for patience from our members as this lengthy legal process continues to unfold.”

Approximately two years ago, the United States Court of Appeals for the 7th Circuit affirmed a lower court ruling that the law did not permit the carriers to override collective bargaining agreement provisions that gave workers control over scheduling paid leave. The legal process has been ongoing ever since.

Regarding the first interpretation question, the Board: “unanimously agree[d] that, just as no substitution of such days for FMLA leave may occur after such days are set, neither can it occur before those days are set. We see no legitimate distinction between the two. The carriers are therefore not permitted to require substitution of paid personal leave and/or single vacation days for FMLA leave before those days are set.”

Regarding the second, the arbitrators wrote that they: “similarly see no distinction that would vary the impact of our Award, which we intended to apply to [the BLET] agreement’s subject matter just as it does to all the others. Our Award therefore bars substitution of paid personal leave under the BLET national personal leave agreement.”

The unions are now preparing for the remedy phase of the arbitration. It is expected that a decision on that issue will be issued sometime this spring. Attorneys Mike Wolly and Margo Pave of the firm Zwerdling, Paul, Kahn & Wolly, P.C., are handling the case for BLET and several other Rail Labor unions.

More information regarding subsequent hearings will be made available on the BLET website.

Friday, January 09, 2009
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4754

BLET, labor win big in FMLA arbitration

2008-12-09T09:23:00.001-06:00

CLEVELAND, December 8 — In a decision received this afternoon, a panel of three arbitrators has ruled that the Family and Medical Leave Act (FMLA) policies of the four largest Class I railroads (BNSF, CSXT, NS and UP) violate the industry’s national vacation and personal leave agreements. Among the victors are BLET members working for these railroads.

The BLET, along with ten other unions, had challenged carrier policies that required workers to use paid vacation and personal leave when taking FMLA leave in certain circumstances. Nearly two years ago the United States Court of Appeals for the 7th Circuit affirmed a lower court ruling that the law did not permit the carriers to override collective bargaining agreement provisions that gave workers control over scheduling paid leave. When the Supreme Court declined to hear the industry’s appeal, the stage was set for the arbitration of the matter.

The arbitration panel held that “the parties’ contracts at issue here do, as the District Court posited … ‘grant employees rights in addition to the accrual of vacation and/or personal leave, such as the right to determine when to use their accrued vacation and/or personal leave.’ … In all cases, employers may not unilaterally change scheduled vacations without good cause and appropriate notice. … [O]nce those days are set, no unilateral employer changes may occur without meeting specified contractual standards. These are not insignificant contractual benefits.”

The panel also found that “clear contract language and similar consistent arbitral precedent protect use of personal leave days and individual vacation days from arbitrary or unreasonable unilateral employer action unrelated to operational needs or other contractual standards.” The Award states “The carriers’ policies requiring employees 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.”

According to the Arbitration Agreement, the Award becomes effective on December 16, 2008. On that date, the Agreement provides that “the carriers will immediately discontinue the invalidated provisions of [their] policies.” The arbitrators then will consider “the appropriate remedy for employees who were required to use paid leave for FMLA leave in violation of the national vacation and/or national personal leave agreements.” Assuming no agreed-upon extensions, initial submissions on that question will be due January 15, 2009, and reply submissions on January 30. A hearing then would be held by February 13, with a decision to be issued by April 14.

BLET National President Ed Rodzwicz congratulated those who made this victory possible, and thanked the BLET membership for their patience. “I want to congratulate, first and foremost, Mike Wolly, Margo Pave and the legal team who put on a great case, and our General Chairmen who persisted in keeping this struggle alive on the property and providing us with the data we needed to win. I also want to express my most sincere thanks to the Brothers and Sisters on BNSF, CSXT, NS, and UP for hanging in there throughout the many years that have passed while we fought to vindicate their vacation and personal leave rights.”

The Award is available for download as a PDF from the BLET website at:
http://www.ble-t.org/pr/pdf/JSCaseNo3750.pdf

BLET, UTU jointly petition FRA for review of EO 26

2008-11-17T16:59:00.001-06:00

CLEVELAND, November 17 — The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the United Transportation Union (UTU) filed a joint Petition for Review of Emergency Order 26 on November 14, requesting that the Federal Railroad Administration make specific exceptions to the Order in the name of safety.

The Emergency Order was issued on October 7, 2008, and significantly limits employee use of personal electronic devices in locomotive cabs. The ban applies to any electronic device that was not provided to the railroad operating employee by the employing railroad for business purposes.

“It is not our intention to unnecessarily complicate a fairly bright-line rule regarding the use of electronic and electrical devices,” BLET President Ed Rodzwicz and UTU President Mike Futhey said in their Petition for Review. “However, we do believe FRA should seriously consider those atypical situations in which EO 26 as currently written could inadvertently result in a diminution of safety, as compared to operating conditions and practices in effect prior to its promulgation.”

The Emergency Order came about because of the tragic accident in Chatsworth, Calif., which claimed the lives of 25 people on September 12 when a Metrolink passenger train collided with a Union Pacific train. Initial NTSB reports indicated the Metrolink engineer may have been distracted by use of a personal cellular phone while on duty.

“The safety of our members and the general public is the top priority of the Brotherhood of Locomotive Engineers and Trainmen, and these exceptions to Emergency Order 26 will make it much more effective,” BLET President Rodzwicz said. “The best way for our members to comply with the Emergency Order is to turn off their personal electronic devices, store them in their grips, and do not use them until you have been relieved from duty.”

BLET and UTU are seeking an exception to the Order banning the use of personal electronic devices while deadheading. While the unions agree that the Emergency Order seeks to improve safety, they argue that, “since deadheading crews have fulfilled their safety-related responsibilities — and in many cases are not on duty — they should not be restricted to ‘business purpose use’ only.”

To that end, the unions ask the FRA to rewrite a portion of the EO so that it reads: “A railroad operating employee who is deadheading may use a cell phone while within the body of a passenger train or railroad business car, or while inside the cab of a locomotive that is not the lead locomotive of the train on which the employee is deadheading.”

The use of cameras is also called into question. BLET and UTU argue that the EO appears to forbid photographic documentation by a train employee of safety hazards or violations of rail safety laws, regulations, orders or standards, which would actually diminish railroad safety.

On that issue, BLET and UTU ask for an exemption, which would read as follows:

“An electronic still or video camera may be used to document a safety hazard or a violation of a rail safety law, regulation, order or standard; provided, that (1) the use of a camera in the cab of a moving train may only be by a crew member other than the locomotive engineer, and (2) the use of a camera by a train employee on the ground is permissible only when (a) the employee is not fouling a track, (b) no switching operation is underway, (c) no other safety duties are presently required, and (d) all members of the crew have been briefed that operations are suspended. The use of the photographic function of a cell phone is permitted under these same conditions.”

Thirdly, the unions question a section of the EO that prohibits the use of electronic devices such (as calculators) to make computations. The BLET and UTU point out that a number of safety-critical computational functions are required in numerous circumstances if on-board systems fail or are not provided. These include managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length for speed restrictions and clearing track authorities.

A new section regarding exceptions to this portion of the EO should be added, and should be worded as follows:

“When mathematical calculations are required for safe train movement (e.g., managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length), it is permissible to perform such calculations by using an electronic calculator, or by using the calculator function of a cell phone or electronic timepiece.”

Finally, the unions petition the FRA to allow the use of Global Positioning Satellite tracking devices in order to gauge the accuracy of locomotive speed indicators, particularly when the designated measured mile lies within a temporary speed restriction of less than 30 miles per hour.

One effect of EO 26 is to preclude the use of a GPS device to calculate the speed of a train that is not equipped with a speed indicator because the train will not exceed 20 mph. Another is that the accuracy of a speed indicator determined within a slow order of 30 mph or less cannot be correlated with its accuracy at speed above 30 mph. Maintaining proper train speed is both safety-critical and demanded of a locomotive engineers.

The BLET and UTU petition the FRA to consider an exception to the EO for GPS devices, requesting that GPS tracking devices be allowed to verify the accuracy of the speed indicator in a controlling locomotive.

The joint Petition for Review was submitted to FRA today.

“BLET and UTU members will be kept apprised of the situation, and will be advised once FRA responds to our concerns,” Presidents Rodzwicz and Futhey said.

Monday, November 17, 2008
bentley@ble.org

Court of Appeals continues stays on direct observation rule

2008-11-14T21:37:00.001-06:00

CLEVELAND, November 13 — In an order issued yesterday, the United States Court of Appeals for the District of Columbia Circuit has extended its stay of the implementation of a Department of Transportation regulation that would require direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect on November 1.

The stay will remain in effect until the Court considers and rules on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement that were filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway.

The Court also issued the following briefing schedule:

· The Joint Brief of Petitioners is due on December 12, 2008.

· The Brief of Respondent DOT is due on January 12, 2009.

· The Joint Reply Brief of Petitioners is due on January 26, 2009.

In addition, the Court directed that the case be placed on the argument calendar on the first available date following completion of briefing.

Thursday, November 13, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4730

Railroad Employees Flexible Benefits Program

2008-11-07T19:50:00.000-06:00

Brothers,

I have been asked a question regarding the eligibility of engineers covered under the BLET National Agreement for Health and Welfare who are reduced to train service having an entitlement to continue enrollment in the BLET Flexible Spending Plan under the National Agreement. If a member is covered by the BLET H&W Plan for 2009 he/she would be entitled to continue participation in the Flexible Spending Plan throughout the course of the year 2009 even if reduced to train service subsequent to being locked into the BLET H&W Plan for the 2009 calendar year.

I have also provided below the information on the BLET National Division site with links to description of benefits and enrollment forms. Please encourage our membership to participate in this plan because our 2009 participation much reach 5% of our membership to retain the plan beyond 2009. They can elect to participate in as small an amount as $120 for the year ($10 per month deduction). The deadline for enrollment is approaching and it is imperative that those who want to participate enroll by November 12, 2008. This is a very good benefit that we do not want to lose.

Thanking you in advance for your efforts, I remain.
Fraternally,
Gil Gore

Railroad Employees Flexible Benefits Program

In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.

However, the program is in danger of being lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to contact United HealthCare for details when open enrollment begins.

Open enrollment for the plan will begin in the near future. Details on how to enroll will be provided on the BLET website and in the BLET newsletter once open enrollment begins.

In the meantime, the following information is being made available to BLET members so they can learn more about this money-saving plan.

2009 Enrollment Materials

Overview of Railroad Employees National Flexible Benefits Program for 2009 (PDF)

List of eligible carriers and Railroad Codes
(you will need these codes to complete your
enrollment forms) (PDF)

2009 Enrollment Form, Railroad Employees Flexible Benefits Program (PDF)

2009 Claim Form (PDF)

Over-the-Counter Medical Care Items Eligible and Ineligible for Reimbursement Under UnitedHealthcare Plans (PDF)

September 16, 2008
Flexible Spending Account will provide real savings

July 24, 2008
Flexible Benefit Plan information center now available

July 17, 2008
Flexible Spending Account enrollment begins in October

May 30, 2008
Flexible Benefits program allows members to save on health care expenses

Court of Appeals stays direct observation rule

2008-11-01T11:56:00.000-05:00

To All BLET Local Chairmen UP Southern Region

CLEVELAND, October 31 — In an order issued earlier today, the United States Court of Appeals for the District of Columbia Circuit has temporarily stayed implementation of a Department of Transportation regulation that would have required direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect tomorrow.

The stay will remain in effect until the Court considers and rules on an emergency motion filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway to stay the regulation until it has ruled on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement.

Friday, October 31, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4722

Health care cost sharing to increase slightly

2008-11-01T11:38:00.000-05:00

To All Local Chairmen BLET UP Southern Region

CLEVELAND, October 31 — Rail worker cost-sharing contributions toward health and welfare coverage will increase slightly next year, but the increase will not be as much as originally anticipated.
The monthly contribution will increase from $166.25 per month to $170.96 per month beginning January 1, 2009. However, it was expected that the rate would increase to as much as $192 per month.

Health care for all rail labor unions is negotiated jointly through the Cooperating Railway Labor Organizations (CRLO). CRLO is a joint policy holder with the carriers of the Railroad Employees National Health and Welfare Plan, and participates in annual rate-setting meetings on an equal footing with the carriers.

According to the CRLO, the favorable trend in the medical premium for 2009 is in large part due to the removal of almost 20,000 ineligible dependents from the Plan through the recent eligibility audit — a savings of about $30 million for 2009.

In addition, medical claims are predicted to increase at a far lower rate than the national average of all insurance plans due to the implementation of several significant plan improvements, such as Nurse Line, Custom Care Coordination, Disease management, Integrated Behavioral Health, and Wellness Programs (Healthy Weight and Smoking Cessation). All of these changes are designed to improve the health and medical treatment of participants, and thereby reduce the frequency and severity of illness.

The monthly premium rate for the medical portion of the Plan increased a very modest 2.1% to $1,061.46. The Life and Accidental Death and Dismemberment premium decreased 10% to $12.30, while the Dental Plan rate increased by 23.3% to $55.98. The Vision Plan rate remained the same at $10.00.

Employee cost-sharing amounts were set by the 2007 National Agreements at 15% of the premium rates for the above four components of members’ insurance coverage (Medical, Life, Dental and Vision). The total amount of the four components for 2009 is $1,139.74, which is an increase of $31.40, or 2.8% over 2008. The 2009 cost-sharing amount is thus 15% of $1,139.74, or $170.96, an increase of $4.71 over the current amount of $166.25.

“Our cost-sharing increase was far lower than expected and well below the national average, which is a significant accomplishment,” said BLET National President Ed Rodzwicz. “The BLET will continue to work diligently along with the CRLO to keep employee cost sharing to a minimum while moving ahead with the constant improvement of our membership’s benefits.”

Friday, October 31, 2008
bentley@ble.org

Flexible Spending Account Information

2008-10-04T09:18:00.000-05:00

From: Warren Dent [mailto:jwdent1@gmail.com]
Sent: Saturday, October 04, 2008 8:16 AM
To: All Local Chairmen
Subject: Flexible Spending Account Information

Brothers,

You have all seen the messages from the GCA and ND offices about the upcoming annual enrollment for the Flexible Spending Account plan option. Those messages have emphasized the necessity of our increasing the number of active participants in order to protect and preserve this valuable option. We have to have a minimum 5% of the membership participating in the plan or it is lost after December 2009. Current enrollment is below the 5% threshold. I am of the opinion that the reason for this is that most of our membership is in the dark about what the plan is or how they can benefit from it. I must admit that, until recently, I counted myself in that group.

Depending on an individual’s medical circumstances and number of dependents, some Brothers/Sisters have more to gain than others, but the truth is that everyone can derive a benefit from this plan. The minimum contribution is $120 per year but you can earmark up to $3600 annually for medical expenses. The designated annual contribution amount is evenly deducted via payroll throughout the year. The monies contributed are not subject to Federal Income Tax. Therefore, a minimum $120 annual contribution from one in a 25%-33% tax bracket, would net the individual a $30-$40 tax savings on monies he/she was going to spend anyway. Deductibles and co-pays for Doctors, Dentists, Optometrists and Specialists qualify for reimbursement under the plan as do prescription medications and some common over the counter meds. For your info, I have attached some information about over the counter medications that qualify for reimbursement.
Click Here for UHC OTC info

Click Here for IRS OTC info

Click Here for more OTC info

In addition to the medical plan there is also another plan covering dependent care costs, with a maximum annual contribution limit of $5000. While this option might impact a smaller percentage of the membership, for those who qualify, it can be a vitally important benefit.

Understand that contributed monies that go unused over the 12 month period are lost, so I am encouraging those electing to avail themselves of this opportunity to be wise when determining their contribution amount. Even with that in mind, it is easy to see where virtually every member, even if enrolled for only the plan minimum of $120 per year, stands to gain from participation in this plan.

I understand that United Healthcare will be mailing the FSA registration packet to each member sometime next week and we will have about 30 days to respond. I urge each of you to consider whether the plan is right for you. Even if you chose not to participate, I’m asking each of you to spread the word to your membership about the plan and its’ benefits so that they understand what it is about and have an opportunity to make an educated decision concerning their participation. I would hate to see us lose this valuable opportunity and agreement right due to a participation shortfall that was based on lack of knowledge and/or understanding. I just ask that you give it some thought and encourage all those Brothers/Sisters that you influence, or come in contact with, to do the same.

You can view informational articles about the Flexible Spending Account plan on the ND website at www.ble-t.org. If you have any questions, feel free to contact me and I will do my best to get them answered.

Fraternally yours,

Warren Dent

FRA clamps down on use of electronic devices

2008-10-03T17:54:00.000-05:00

CLEVELAND, October 3 — In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.

Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees’ use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.

The uses of electronic devices that are restricted by the Emergency Order include:

· the use of a mobile telephone or another electronic or electrical device to conduct an oral communication;

· placing or receiving a telephone call;

· sending or reading an electronic mail message or text message;

· playing a game;

· navigating the Internet;

· playing, viewing, or listening to a video;

· playing, viewing, or listening to a television broadcast;

· playing or listening to a radio broadcast other than a radio broadcast by a railroad;

· playing or listening to music;

· executing a computational function; and

· performing any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task.

All personal electronic devices — electronic devices not supplied by the railroad — must be turned off and any electronic earpieces must be removed while a train is moving; the only exception is that, when radio failure occurs, wireless communication devices may be used in accordance with railroad rules and instructions. Personal electronic devices also must be turned off with electronic earpieces removed when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train (e.g., during an air brake test). Operating employees may not use personal electronic devices for any purpose other than voice communications.

The use of a railroad-supplied electronic device by a locomotive engineer (including a remote-control locomotive operator) is prohibited while the train is moving or when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train. An operating employee other than a locomotive engineer may use a railroad-supplied mobile telephone or remote computing device in the cab of a locomotive for an authorized business purpose, after a safety briefing, provided that all assigned personnel on the crew agree that it is safe to do so.

A railroad operating employee may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. However, use of the device shall not excuse the individual using the device from the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad''''''''s operating rules and special instructions.

For freight train crewmembers, a railroad operating employee may not use a railroad-supplied electronic or electrical device for an approved business purpose while on duty outside the cab unless the following conditions are met: (1) the employee is not fouling a track; (2) no switching operation is underway; (3) no other safety duties are presently required; and (4) all members of the crew have been briefed that operations are suspended.

The Emergency Order does not restrict an operating employee from using the digital storage and display function of a railroad-supplied electronic device to refer to a railroad rule, special instruction, timetable or other directive. In addition, operating employees may use wireless communication devices as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing duties for the railroad.

In addition to being subject to discipline or dismissal for violating a railroad operating rule governing the use of electronic devices, willful violation of the Emergency Order could subject the violator to a substantial civil penalty. FRA also could move to disqualify a violator from performing safety-sensitive service temporarily or permanently.

BLET National President Ed Rodzwicz endorsed the Emergency Order on behalf of BLET members. "We applaud the NTSB for bringing this information forward promptly, and the FRA for acting quickly," Rodzwicz said. "Sadly, the use of electronic devices has literally become a life and death issue for all operating employees and compliance with the Emergency Order must be absolute," added Rodzwicz.

Click here to view or download FRA Emergency Order 26 in PDF format (30 pages):
http://www.ble-t.org/pr/pdf/FRAEmergencyOrder26.pdf

FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

2008-09-21T10:35:00.001-05:00

From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Sunday, September 21, 2008 9:56 AM
To: _NDOfficers; _Legislative Chairmen US GCA; _General Chairmen US GCA; _SpecialReps; _GIA; _ExecStaff
Subject: Spam:***, FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

Brothers and Sisters

Now you know why he selected Senator Biden, our friend.

Frats

John

John P. Tolman

Vice President and National Legislative Representative

Brotherhood of Locomotive Engineers and Trainmen

http://my.barackobama.com/page/community/post/obamaroadblog/gGg4pG

Flexible Spending Account will provide real savings

2008-09-17T09:21:00.001-05:00

CLEVELAND, September 16 — Registration for the money-saving Flexible Spending Account (FSA) begins next month, and BLET members are encouraged to take advantage of this valuable new health and welfare benefit. The program allows BLET members to pay for doctor co-pays and other medical expenses with pretax dollars.
A partial list of items that qualify for this type of payment includes: Doctor co-pays; Drug Co-pays; Dental Co-pays or other dental expenses not covered in our dental plan; Vision Co-pays or additional cost for eye care not covered under the national plan; and Over the counter medications, such as cold medicine, decongestant medicine, aspirin, Tylenol or their generic brands.
At the Union Pacific Railroad, Southern Region General Chairman Gil Gore is a staunch supporter of the program. He encourages all BLET members to sign up.
“I have a personal experience with the medical portion of the FSA,” Brother Gore said. “The program has helped tremendously with braces and other major dental work for my children not covered by our health insurance.”
Brother Gore gave braces and orthodontist work as an example. He said the FSA could really help BLET members who have children save money.
“If you have some major dental work scheduled (such as braces for your kids) up to $3,600 of that expense can be paid with pretax dollars,” he said. “If you are in a 25%–33 % tax bracket, that amounts to as much as a $1,200 reduction in the federal taxes that you pay.
“We planned ahead to have our children’s dental work done at the proper time to get maximum benefit from the plan,” he said.
In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.
Just like 401k contributions are automatically deducted from your paycheck, membership contributions to the Flexible Spending Account are withheld from your paycheck. Your contributions to the plan are spread out over 12 monthly payments (in other words, if you elect the 2008 maximum of $3,600, then you would place $300 per month into your Flexible Spending Account). If you elected the 2008 minimum of $120, then you would have $10 per month deducted from your pay and placed into your Flexible Spending Account. You can receive payment from the account when you present a bill via a claim form. You must furnish receipts to be reimbursed for the expense.
“It also allows you to pay for all of your co-payments on doctor visits and for prescription medicine,” Brother Gore said.
Additionally, some over the counter medications can be paid for using the Flexible Spending Account. United HealthCare has provided a list of medications that it will reimburse under the Flexible Spending Account:
http://www.ble-t.org/pr/pdf/OTCMedFSA.pdf
The plan also has a “use it or lose it” provision. For example, if you sign up for $2,000 in flex spending deductions and only have expenses equal to $1,900, then you would only be able to collect $1,900 of the $2,000 you put into your account. But if you were in a 33% tax bracket, that would still net you $533 in savings for the year ($633 tax savings minus the $100 left in the account = $533 net savings).
“While I know the ‘use it or lose it’ function of the plan can be scary, you can easily meet the minimum deduction of $120 for the year just on over the counter medications, which would yield you a net savings of $40 for the year if you were in a 33% tax bracket,” Brother Gore said. “My wife and I have put the maximum in her flex spending account for the last eight years and been able to provide receipts to receive a total refund every year.
“Our over the counter medicine for our family in the year 2006 came to $217. If you are on maintenance medications this program can put real dollars into your pocket allowing you to pay your co-pays with pretax dollars.”
Side Letter 8 of the 2007 BLET National Agreement stipulates that the BLET must reach at least 5% participation by the year 2009 in order to retain this benefit. This is a big reason why the BLET is strongly encouraging its members to participate in the Flexible Spending Account program.
“This is a benefit that will put real dollars into your pockets and I encourage you all to enroll at an amount you are comfortable with to see how the plan works,” Gore said.
Enrollment opportunity for the Flexible Spending Account (FSA) should arrive in your mailbox soon from United HealthCare.
Tuesday, September 16, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4693
1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

Conference Call Following Hurricane IKE 3pm Daily Until Further Notice

2008-09-12T21:41:00.001-05:00

Brothers and Sisters

We are going to conduct a daily 3pm conference call beginning on September 12, 2008 to discuss the status of the railroad and assess the damage to our membership. Please contact your Local Chairman to secure the conference call dial in information so that you can participate in this resource provided by your General Committee.

Fraternally,

Gil Gore

2 Dead, 1 Hurt In Train Crash Near Medford

2008-08-29T17:54:00.001-05:00

Brothers,

It is with a heavy heart that I bring news to you that one of our Engineers BLET Div 523 member Richard Pendarvis and UTU Conductor Larry Williams were killed in a crossing accident when their train colided with a propane truck. Brother Pendarvis was 52 years old and orignally hired on with Union Pacific in 1999. Brother Williams was 53 and hired on with Union Pacific in 2002.
Please keep the Pendarvis and Williams famlies in your thoughts and prayers.
Below is a link to some news coverage of the incident.
Fraternally,
Gil Gore

. http://www.koco.com/news/17334888/detail.html

DRUG TESTING FINAL RULE POSTPONED UNTIL NOVEMBER 1, 2008 - COMMENTS DUE BY SEPTEMBER 25, 2008

2008-08-26T09:42:00.001-05:00

Brothers,

The attached was published in today’s Federal Register. In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) direct observation of follow up drug tests from August 25, 2008, to November 1, 2008.

To see an online version of this document Click HERE.

Fraternally,

Gil Gore

SUMMARY: In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) from August 25, 2008, to November 1, 2008. The Department is also requesting comments concerning the content of § 40.67(b) for 30 days. This section of the Department’s drug testing procedural rule requires employers to ensure that all follow-up and return-to-duty drug tests are directly observed.

DATES: The effective date of the revision of 49 CFR 40.67(b) published June 25, 2008 (73 FR 35970) is delayed from August 25, 2008, to November 1, 2008. Comments should be submitted by September 25, 2008.

See document for ways to deliver comments on this issue the DOT.

DOT delays mandatory direct observation regulation to November 1

2008-08-25T18:09:00.001-05:00

http://www.ble.org/pr/news/newsflash.asp?id=4682

CLEVELAND, August 24 — The U.S. Department of Transportation is postponing

from August 25 to November 1 a new regulation that would subject employees

to mandatory direct observation during drug tests conducted when a

transportation worker returns to work after a positive drug test and

during follow-up drug tests.

The current DOT regulation, which will remain in effect for the time

being, requires direct observation of urine collection only after an

invalid test, and is discretionary during return-to-duty and follow-up

tests.

DOT has not delayed implementation of a related requirement that would

subject workers to a "strip search" in those situations when a direct

observation will be made. Section 40.67(i) states as follows:

"As the observer, you must request the employee to raise his or her shirt,

blouse, or dress/skirt, as appropriate, above the waist; and lower

clothing and underpants to show you, by turning around, that they do not

have a prosthetic device. After you have determined that the employee does

not have such a device, you may permit the employee to return clothing to

its proper position for observed urination."

It is expected that the postponement will be published in the August 25

Federal Register. Also, the DOT will open a 30-day public comment period,

during which time interested parties may comment on whether direct

observation should be mandatory in all return-to-duty and follow-up tests.

In mid-August, the BLET along with seven other rail unions and the BNSF

Railway, filed a lawsuit challenging both aspects of the new regulation on

the grounds that they violated the Fourth Amendment of the U.S.

Constitution, which protects citizens from unreasonable searches. The

joint petition for review was filed in the United States Court of Appeals

for the District of Columbia Circuit.

---

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Unions challenge DOT’s “strip search” regulation

2008-08-14T15:30:00.000-05:00

CLEVELAND, August 14 — The Brotherhood of Locomotive Engineers and
Trainmen, along with seven other rail unions and the BNSF Railway, has
filed a lawsuit challenging a new Department of Transportation (DOT)
regulation that would subject employees to a “strip search” during
mandatory drug tests.

The DOT regulation, which would become effective August 25, requires
railroads to directly observe urine collection in all federally-mandated
drug tests involving either a return-to-duty after a positive or invalid
test, or a follow-up test conducted after a positive or invalid test.
Prior to directly observing the specimen donation, the collector also
would be required to subject the worker to a “strip search,” because the
new regulation states as follows:

“As the observer, you must request the employee to raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower
clothing and underpants to show you, by turning around, that they do not
have a prosthetic device. After you have determined that the employee does
not have such a device, you may permit the employee to return clothing to
its proper position for observed urination.”

The DOT’s “strip search” regulation is being challenged, in part, on the
basis that the mandatory strip searches and observations violate the
prohibition against unreasonable searches contained in the Fourth
Amendment to the United States Constitution. In addition, review is being
sought to determine whether DOT complied with the rule making process of
the Administrative Procedures Act.

BLET National President Ed Rodzwicz blasted the new regulation.

“Forcing a railroad worker to submit to an embarrassing and humiliating
strip search and observed collection without reasonable suspicion is an
outrage,” he said.

Other unions participating in the lawsuit include: the Brotherhood of
Maintenance of Way Employes Division; American Train Dispatchers
Association; Brotherhood of Railroad Signalmen; Transportation
Communications International Union; International Brotherhood of
Electrical Workers; National Conference of Firemen and Oilers; and United
Transportation Union.

In a statement, the BNSF Railway Executive Vice President Carl Ice said:
“There is absolutely no tolerance for alcohol or drug use in our
workplace. But we also believe that our employees are entitled to be
treated with dignity and respect at the workplace, and this new regulation
is an intrusion on employees.”

President Rodzwicz said that if this regulation had been in effect since
FRA began keeping these statistics, almost 21,000 unnecessary strip
searches and direct observations would have been required, “needlessly
humiliating over 99.97 percent of all those required to submit to
return-to-duty or follow-up testing.”

President Rodzwicz also said there is no reason to justify the DOT’s
overly harsh and humiliating regulation.

“There is no documentation whatsoever of adulteration or substitution of a
return-to-duty test in the railroad industry, and not one of the nearly
11,000 return-to-duty and follow-up tests conducted in 2006 and 2007 were
invalidated because of adulteration or substitution,” President Rodzwicz
said.

The joint petition for review was filed on August 13 in the United States
Court of Appeals for the District of Columbia Circuit. The Court of
Appeals is expected to issue a schedule for conducting its review shortly.

Flexible Spending Account enrollment begins in October

2008-07-21T03:12:00.001-05:00

CLEVELAND, July 17 — Registration for the money-saving Flexible Spending Account (FSA) begins in just over two months, and members are encouraged to take advantage of this valuable new health and welfare benefit.
The benefit has been in place on the Burlington Northern-Santa Fe property for some time, so BLET National Vice President Dennis Pierce is familiar with the FSA program.
“With three children at home, two wearing glasses and two wearing braces, I dedicate money to my FSA every year and have never left any money in the account,” Pierce said.
The benefit is new to BLET members working under the National agreement.
“What many members should know is that the Flexible Spending Account allows engineers to use pretax dollars to pay for covered medical expenses and covered childcare expenses that they would otherwise pay for with after tax dollars,” Vice President Pierce said. “The end result is that all money dedicated to the FSA is treated like any other income tax deduction or 401k contribution; it lowers the engineer’s taxable income at the end of the year. For every dollar put in the FSA, most engineers will save at least 25 to 30 percent of those dollars in tax liability that can then be spent on covered expenses.
“Covered medical expenses include prescription co-pays, Doctor visit co-pays and deductibles, costs for braces, glasses and contact lenses not covered by insurance, as well as many every day ‘over the counter medications’ like Tylenol and Maalox,” Pierce said.
BLET National President Ed Rodzwicz stressed the importance of membership participation in the Flexible Spending Account during his welcoming address at the Eastern Union Meeting Association convention on July 7.
“It uses pre-tax dollars and members will realize significant savings,” President Rodzwicz said. “It works for you and it saves you money. Please take advantage of this plan — it’s a great benefit for our members.”
However, the benefit will be lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to sign up once open enrollment begins.
Open enrollment begins each year in October for the following year and a form is available to calculate each member’s predicted medical expenses for that year.
Members will be able to choose to participate in one of two programs:
• The first program, Health Flexible Spending Arrangement (Health FSA), allows members to use tax-free dollars to pay for health care benefits such as the following: doctor co-pays; drug co-pays; dental co-pays or other dental expenses not covered in our dental plan; vision co-pays or additional eye care not covered under the national plan; and over-the-counter medications (cold medicine, decongestant medicine, aspirin, Tylenol or their generic equivalent, etc…). The 2008 program offers savings of $120 to $3,600 per year, but the savings are subject to change in the upcoming benefit year.
• The second program, Dependent Care Assistance Program (DCAP), allows members to use pre-tax dollars for certain dependent care expenses, such as out-of-pocket dependent care expenses for childcare or care for physically or mentally handicapped dependants. The 2008 program offers savings of $120 to $5,000 per year, but the savings are subject to change in the upcoming benefit year.
More details will be provided when open enrollment begins. BLET members are encouraged to monitor the BLET website and newsletter for details regarding this money-saving plan.

Thursday, July 17, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4664

FW: [BLET SR GCA E-mail Blogg] Modified Peer Trainer Agreement - New Rate Effecti...

2008-07-10T21:40:00.001-05:00

New Peer Trainer Rate in effect on BLET UP Southern Region GCA Effective June 1, 2008 $250.00 per day for classroom training.
Effective July 1, 2008 the classroom rate goes to $282.73 per day
All other aspects of the agreement remain in tact as far as rates of pay and days of compensation. The 115% or classroom rate for field peer trainers remains intact.
Click HERE to view the agreement in PDF

Benefit rate increase for railroad unemployment and sickness benefits

2008-07-10T21:17:00.001-05:00

(The U.S. Railroad Retirement Board issued the following on June 2.)

CHICAGO — The maximum daily benefit rate payable for claims under the Railroad Unemployment Insurance Act increases to $61 from $59 in the new benefit year, which begins July 1, 2008. Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods, so maximum benefits for biweekly claims will total $610.

During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period. Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will, therefore, normally not be required to serve another waiting period because of the onset of the new benefit year.

To qualify for normal railroad unemployment or sickness benefits in the benefit year beginning July 1, 2008, an employee must have had railroad earnings of at least $3,075 in calendar year 2007, not counting more than $1,230 for any month. Those who were first employed in the rail industry in 2007 must also have at least five months of creditable railroad service in 2007.

Under certain conditions, employees with 10 or more years of service who do not qualify in the new benefit year on the basis of their 2007 earnings may still be able to receive benefits after June 30, 2008. Ten-year employees who received normal benefits in the benefit year ending June 30, 2008, might still be eligible for extended benefits, and ten-year employees may be eligible for accelerated benefits if they have rail earnings of at least $3,200 in 2008, not counting earnings of more than $1,280 a month.

Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board (RRB) office, or the agency’s Web site at www.rrb.gov. Also, as an alternative to applying for unemployment benefits through the mail, unemployment claimants can instead file applications online. Likewise, subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail and employees can also access information about their individual railroad unemployment insurance account statements online. These account statements provide a summary of the unemployment and sickness benefits paid under the Railroad Unemployment Insurance Act to rail employees.

To access these online services, employees must first establish an RRB Internet Services account. For security purposes, first time users must apply for a Password Request Code, which they will receive by mail in about 10 business days. To do this, employees should click on “Benefit Online Services” and select “request a PRC.” Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet. Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services. Employees who have already established online accounts do not need to do so again. Although claimants cannot currently file applications or biweekly claims for railroad sickness benefits over the Internet, the RRB is planning to add the online filing of sickness claims in the future.

Claimants with questions about unemployment or sickness benefits should contact the nearest RRB office. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

Claimants can find the address and phone number of the RRB office serving their area, and also get information about their claims and benefit payments, by calling the toll-free RRB Help Line at 1-800-808-0772. The RRB Help Line is an automated telephone service available 24 hours a day, 7 days a week. Field office locations can also be found by visiting www.rrb.gov.

Wednesday, June 04, 2008
bentley@ble.org

http://www.ble.org/pr/news/headline.asp?id=22402

FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

2008-06-18T15:10:00.001-05:00

From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Wednesday, June 18, 2008 3:07 PM
To: All Local Chairmen BLET UP Southern Region

Subject: FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Brothers,

For your information I have attached some information received from our VP Lee Pruitt on benefits for active military personnel. Click HERE to view this information in PDF.

If you have any questions, please feel free to contact me.

Fraternally,

Gil Gore

From: Lee Pruitt
Sent: Wednesday, June 18, 2008 2:55 PM
Subject: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Dear Sirs and Brothers:

The attached file is an overview of the “Heroes Earnings Assistance and Relief Act (HEART) of 2008. I am sure that most of you are asked questions concerning pay and benefits for our members while performing their military commitments and on a military leave of absence. Some employers may in fact provide more than HEART requires however this law was enacted in June 2008 and is provided to all of you for your information and files. Please feel free to disseminate this information as you see fit.

Fraternally,

E. L. Pruitt

BLE-T

Vice President

12265 Home Port Drive

Maureapas, LA 70449

This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged. This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any file attachments is strictly prohibited. If you have received this email in error, please immediately notify us by reply email to the sender. Please delete this email and its attachments from your system and do not retain any copies.

DOT Warning On Use of Anti-Smoking Drug Chantix

2008-06-06T12:19:00.003-05:00

From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Friday, June 06, 2008 12:14 PM
To: All Local Chairmen BLET UP Southern Region

Subject: FW: Chantix

Brothers,

Please review the link below for information from the ND regarding the use of the anti-smoking drug Chantix. Please distribute this information to all members on your electronic e-mail list.

Please Click HERE to view and PDF copy of the Memorandum.

Thanking you in advance for your cooperation, I remain.

Fraternally,

Gil Gore

From: Pontolillo, Tom [mailto:pontolillo@ble-t.org]
Sent: Friday, June 06, 2008 11:59 AM
To: _NDOfficers; _General Chairmen US GCA; _Legislative Chairmen US GCA; _ExecStaff
Cc: Policy, Kathleen; Bentley, John; Magrath, Erin
Subject: Chantix

Brothers,

A short while ago we received the attached copy of a Memorandum from the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance to the Drug and Alcohol Program Manager of the Federal Railroad Administration’s Office of Safety. The Memorandum concerns the anti-smoking drug Chantix, and states, in pertinent part, as follows:

The U.S. Department of Transportation reminds all transportation industries of the potential threat to public safety caused by the use of the anti-smoking drug Chantix. A recent independent study spoke of possible links to seizures, dizziness, heart irregularity, loss of consciousness, vision problems, diabetes, and more than 100 accidents. As a result, we strongly urge all transportation industry employers to include in their employee training materials appropriate information to address this issue. We also encourage employers to reiterate with their employees the need to report use of such medications when required by applicable DOT regulations or by company policies.

The Federal Aviation Administration has banned the use of Chantix by pilots and air traffic controllers, and the Federal Motor Carrier Safety Administration has urged medical examiners not to certify a commercial driver who uses this drug.

It would be greatly appreciated if General Chairmen and State Legislative Board Chairmen would distribute electronically this to Local Division officers under their jurisdiction if they have the capacity to do so.

Fraternally,

Thomas A. Pontolillo

Assistant to the President and Director of Research

Brotherhood of Locomotive Engineers and Trainmen

FMLA update: Unions waiting for Supreme Court action

2007-11-07T10:45:00.001-06:00

CLEVELAND, November 6 — Several BLET members have contacted the National Division recently regarding the status of the Family and Medical Leave Act (FMLA) court ruling last reported on in May.
In that May 4 update, it was reported that all 11 active judges of the United States Court of Appeals for the Seventh Circuit unanimously rejected the request of the rail carriers to rehear the dispute over whether the FMLA allows management to override agreement provisions to require the employees to substitute their paid vacation and personal leave for unpaid FMLA leave.
That May 4 ruling upheld a March 2 ruling, which blocked carrier efforts to force employees to use their vacation and personal leave days for FMLA purposes, rather than at the times the employees choose as provided in the collective bargaining agreements.
Following that favorable ruling for Rail Labor, the carriers petitioned the Supreme Court for review of the ruling. Presently, the unions have until December 15, 2007 to file their oppositions to the petition. It then takes several months for the Court to decide whether it wants to hear the case. The Supreme Court usually grants petitions in less than a hundred cases from amongst thousands filed in any given year.
If the current schedule is adhered to, it is likely that the Court will not decide whether to take the case until later in the winter or early spring 2008. If the Court does grant the Carriers’ petition, the case then has to be fully briefed on the merits and set for oral argument. Under this scenario, oral argument would not occur until the Supreme Court’s next term, which begins next October. While the BLET and others in Rail Labor are fighting to end the FMLA injustice as quickly as possible, realistically, a final decision is well into the future.
Everyone involved should be reminded that the decision, as it stands, is a victory under the FMLA statute only.
The Carriers still maintain that even without the statute, the applicable collective bargaining agreements themselves allow management to require the employees to use the paid leave they have chosen for other purposes, e.g., vacation, for FMLA purposes. That dispute has to be resolved in Section 3 arbitration. So, in the meantime, members are advised to continue filing claims to document their FMLA disputes with management as the organization waits for the Supreme Court to act.
Eleven Rail Labor unions are involved in the case. Mike Wolly and Margo Pave of Zwerdling, Paul, Kahn, & Wolly, P.C., are representing the interests of six of the 11 unions — Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Electrical Workers, American Train Dispatchers Association, Brotherhood of Railroad Signalmen, National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association.
Tuesday, November 06, 2007
bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4539
© 1997-2007 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

FW: Reporting Events That Can Affect Railroad Retirement Benefits

2007-11-04T17:33:00.000-06:00

Brothers,

Please distribute this information to all members and retirees on your e-mail list.

Fraternally,

Gil Gore

From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Friday, November 02, 2007 9:14 AM
To: _BLE Employees; _ExecStaff; _General Chairmen US GCA; _GIA; _Legislative Chairmen US GCA; _NDOfficers; _SpecialReps
Cc: Policy, Kathleen; Pontolillo, Tom
Subject: Reporting Events That Can Affect Railroad Retirement Benefits

U.S. Railroad Retirement Board

Public Affairs 312-751-4777

844 North Rush Street 312-751-7154 (fax)

Chicago, Illinois 60611-2092 rrb.gov

For Publication November 2007

Reporting Events That Can Affect Railroad Retirement Benefits

Rights to benefits under the Railroad Retirement Act also carry responsibilities for reporting events that may affect the payment of these benefits to the employee or to members of the employee’s family. If these events are not reported, benefit overpayments can occur that have to be repaid, sometimes with interest and penalties.

Events that can affect the payment of a railroad retirement annuity and result in overpayments if not promptly reported include:

· social security or certain other benefit awards, and changes in the amount of such benefit payments;

· post-retirement work and earnings;

· the death of an annuitant;

· changes in marital status;

· a child leaving the care of a spouse or widow(er);

· a student ceasing full-time attendance.

The following questions and answers describe how these events affect railroad retirement benefits and what should be done to prevent overpayments.

1. How can the award of social security benefits result in a railroad retirement annuity overpayment?

The tier I portion of a railroad retirement annuity is based on both the railroad retirement and social security credits acquired by an employee and reflects what social security would pay if railroad work were covered by social security. Tier I benefits are, therefore, reduced by the amount of any actual social security benefit paid on the basis of nonrailroad employment, in order to prevent a duplication of benefits based on the same earnings.

The tier I dual benefit reduction also applies to the annuity of an employee qualified for social security benefits on the earnings record of another person, such as a spouse. And, the tier I portion of a spouse or survivor annuity is reduced for any social security entitlement, even if the social security benefit is based on the spouse’s or survivor’s own earnings. These reductions follow principles of social security law which, in effect, limit payment to the higher of any two or more benefits payable to an individual at one time.

Since 1975, if a railroad retirement annuitant is also awarded a social security benefit, the Social Security Administration determines the amount due, but a combined monthly dual benefit payment should, in most cases, be issued by the Railroad Retirement Board (RRB) after the railroad retirement annuity has been reduced for the social security benefit.

A person should notify the RRB when he or she files for social security benefits. If the Social Security Administration begins paying benefits directly to a railroad retirement annuitant without the RRB’s knowledge, an overpayment will occur. This frequently happens when a railroad employee’s spouse or widow(er) is awarded social security benefits not based on the employee’s earnings.

Also, annuitants who are receiving their social security benefits directly from the Social Security Administration must notify the RRB if their social security benefits are subsequently increased for any reason other than annual cost-of-living increases, such as a recomputation to reflect post-retirement earnings. As such recomputations are usually retroactive, they can result in substantial overpayments.

While social security benefit information is provided to the RRB as a result of routine information exchanges between the RRB and the Social Security Administration, it will generally not be provided in time to avoid such a benefit overpayment.

2. What other types of benefit payments, besides social security benefits, require dual benefit reductions in a railroad retirement annuity?

For employees first eligible for a railroad retirement annuity and a Federal, State or local government pension after 1985, there may be a reduction in tier I for receipt of a public pension based, in part or in whole, on employment not covered by social security or railroad retirement after 1956. This also applies to certain other payments not covered by social security, such as payments from a non-profit organization or from a foreign government or a foreign employer. However, it does not include military service pensions, payments by the Department of Veterans Affairs, or certain benefits payable by a foreign government as a result of a totalization agreement between that government and the United States.

The tier I portion of a spouse or widow(er)’s annuity may also be reduced for receipt of any Federal, State or local pension separately payable to the spouse or widow(er) based on her or his own earnings. The reduction generally does not apply if the employment on which the public pension is based was covered under the Social Security Act throughout the last 60 months of public employment. (This 60-month requirement is being phased in over a 5-year period ending March 1, 2009, and there are some exceptions.) In addition, most military service pensions and payments from the Department of Veterans Affairs will not cause a reduction.

If an employee is receiving a disability annuity, tier I benefits for the employee and spouse may, under certain circumstances, be reduced for receipt of workers’ compensation or public disability benefits.

If annuitants become entitled to any of the above payments, they should promptly notify the RRB. If there is any question as to whether a payment requires a reduction in an annuity, an RRB field office should be contacted.

3. Can earnings cause railroad retirement overpayments?

Unreported post-retirement work and earnings in nonrailroad employment are a major cause of overpayments in railroad retirement annuities. Like social security benefits, railroad retirement tier I benefits and vested dual benefits paid to employees and spouses, plus tier I, tier II, and vested dual benefits paid to survivors, are subject to earnings deductions if post-retirement earnings exceed certain exempt amounts, which increase annually.

These earnings deductions do not apply to those who have attained full social security retirement age. Full retirement age for employees and spouses ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later. Full retirement age for survivor annuitants ranges from age 65 for those born before 1940 to age 67 for those born in 1962 or later.

For those under full retirement age throughout 2007, the exempt earnings amount is $12,960. For those under full retirement age throughout 2008, the exempt earnings amount will be $13,560. For beneficiaries attaining full retirement age in 2007, the exempt earnings amount is $34,440 for the months before the month full retirement age is attained. For beneficiaries attaining full retirement age in 2008, the exempt earnings amount will be $36,120 for the months before the month full retirement age is attained.

For those under full retirement age throughout a calendar year, the earnings deduction is $1 in benefits for every $2 of earnings over the exempt amount. For those attaining full retirement age during a calendar year, the deduction is $1 for every $3 of earnings over the exempt amount in the months before the month full retirement age is attained.

Annuitants who work after retirement and expect that their earnings for a year will be more than the annual exempt amount must promptly notify the nearest RRB field office and furnish an estimate of their expected earnings. This way their annuities can be adjusted to take the excess earnings into consideration and prevent an overpayment. Annuitants whose original estimate changes significantly during the year, either upwards or downwards, should also notify the RRB.

Retired employees and spouses, regardless of age, who work for their last pre-retirement nonrailroad employer are also subject to an earnings deduction in their tier II and supplemental benefits of $1 for every $2 in earnings up to a maximum reduction of 50 percent. This earnings restriction does not change from year to year and does not allow for an exempt amount. Retired employees and spouses should therefore promptly notify the RRB if they return to employment for their last pre-retirement nonrailroad employer, or if the amount of their earnings from such employment changes.

A spouse benefit is subject to reductions not only for the spouse’s earnings, but also for the earnings of the employee, regardless of whether the earnings are from service for the last pre-retirement nonrailroad employer or any other post-retirement employment. (Effective August 17, 2007, an annuity paid to a divorced spouse may continue despite the employee’s work activity.)

4. How do post-retirement earnings affect disability annuities?

Special restrictions limiting earnings to $700 per month in 2007 and $730 per month in 2008, exclusive of disability-related work expenses, apply to disabled railroad retirement employee annuitants.

In addition, any work performed by a disabled annuitant may be considered an indication of an individual’s recovery from disability, regardless of the amount of earnings. Therefore, any earnings by a disability annuitant must be reported promptly to avoid potential overpayments.

These disability work restrictions apply until the disabled employee annuitant attains full retirement age. This transition is effective no earlier than full retirement age even if the annuitant had 30 years of service. Also, a disabled employee annuitant who works for his or her last pre-retirement nonrailroad employer would be subject to the additional earnings deduction that applies in these cases.

5. What effect does railroad work have on an annuity?

No railroad retirement annuity is payable for any month in which an employee, spouse or survivor annuitant performs compensated service for a railroad or railroad union. This includes local lodge compensation totaling $25 or more for any calendar month, and work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary.

6. What should be done when a railroad retirement annuitant dies?

The RRB should be notified immediately upon the death of any retirement or survivor annuitant. Payment of a railroad retirement annuity stops upon an annuitant’s death and the annuity is not payable for any day in the month of death. This is true regardless of how late in the month death occurs and there is no provision for prorating such a payment. Any payments received after the annuitant’s death must be returned. The sooner the RRB is notified, the less chance there is of payments continuing and an overpayment accruing. The RRB would also determine whether any survivor benefits due are payable by the RRB or the Social Security Administration.

7. What are some other events that can affect payments to auxiliary beneficiaries, such as spouses and widow(er)s?

A spouse or divorced spouse must immediately notify the RRB if the railroad employee upon whose service the annuity is based dies. A spouse must notify the RRB if her or his marriage ends in divorce or annulment and a widow(er) or divorced spouse must notify the RRB if she or he remarries.

Also, benefits paid to spouses, widow(er)s and surviving divorced spouses that are based on the beneficiary caring for an unmarried child of the employee are normally terminated by the RRB when the child attains age 18 (16 for a surviving divorced spouse) or if a disabled child over age 18 (16 for a surviving divorced spouse) recovers from the disability. Therefore, the RRB must be notified if the child leaves the beneficiary’s care or marries.

Benefits are also payable to an unmarried child age 18 in full-time attendance at an elementary or secondary school or in approved home schooling until the student attains age 19 or the end of the school term in progress when the student attains age 19. (In most cases where a student attains age 19 during the school term, benefits are limited to the two months following the month age 19 is attained.) These benefits will be terminated earlier if the student marries, graduates, or ceases full-time attendance. Therefore, the RRB must be notified promptly to prevent an overpayment.

8. Can an annuitant contest a decision that he or she has been overpaid?

Annuitants who believe a decision regarding a benefit overpayment is incorrect may ask for reconsideration and/or waiver of the overpayment. If not satisfied with the initial review, the annuitant may appeal to the RRB’s Bureau of Hearings and Appeals. Further appeals can be carried to the three-member Board itself, and beyond the Board to Federal courts.

Annuitants are told about these appeal rights any time a decision is made regarding a benefit overpayment.

9. How can an annuitant find out if an event might affect his or her railroad retirement benefit payments?

Annuitants should contact the nearest field office of the RRB for information. In any situation, the best rule is “If in doubt, report.”

Annuitants can find the address and phone number of the RRB office serving their area by calling the automated toll-free RRB Help Line at 1-800-808-0772. They can also get this information from the agency’s Web site at www.rrb.gov. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

John P. Tolman

Vice President & National Legislative Representative

25 Louisiana Avenue, N. W. ,

Washington, D. C. 20001

office 202-624-8776

DC fax 202-624-3086

direct fax 216-694-0241

cell 216-272-1246

tolman@ble.org

bletdc.org

DEADLINE OCTOBER 26, 2007 for Flexible Spending 2008 Enrollment

2007-10-16T09:25:00.001-05:00

From: Gores, The [mailto:thegores1@cox.net]
Sent: Sunday, October 14, 2007 10:15 AM
To: All Local Chairmen BLET UP Southern Region

Subject: DEADLINE OCTOBER 26, 2007 for Flexible Spending 2008 Enrollment

Brothers,

As a follow up to my message below regarding the flexible spending option of the 2003 BLET National Agreement, I wanted to provide this additional message of encouragement for our members to enroll in this program. The pertinent language of side letter 8 is quoted and annotated below for your ready reference. It is imperative that we encourage our membership to enroll for at least the minimum amount offered ($120) which can easily be covered by over the counter medication purchases for your family during the year. With the rising costs of healthcare, this program will become more valuable to our membership as time goes on. We must get them to engage in order to preserve the benefit for all members for the future.

We have received several questions regarding what procedures qualify for reimbursement. Those rules are governed by the IRS regulations on Flexible spending. A good rule of thumb is if the procedure is medically required, then it is covered under the IRS rules. If the procedure is cosmetic only, it might not be covered. I have attached a PDF printout that contains the limited list of covered procedures from the UHC website. If you are considering a major procedure that is not covered by our health insurance, I suggest that you make direct contact with UHC (regardless of who handles your benefits) at 877-311-7849. With the use it or lose it provision in the agreement, you don’t want to make a maximum commitment ($3600) guessing if the procedure is covered or not. I know the purchase of prescription eye glasses not covered by our vision plan is covered by Flexible Spending as my family has used that provision to reach our maximum benefit a couple of years when we were a little short of our $2400 yearly goal.

Your assistance in encouraging our members to participate in this program is appreciated.

Fraternally,

Gil Gore

Click HERE to view a PDF copy of Side Letter 8 of 2007 National Agreement covering Flexible Spending

Click HERE to view a PDF copy of Flexible Spending Information from UHC

Click HERE to view a PDF copy of flex spending qualification info from UHC

From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Sunday, October 07, 2007 10:02 PM
To: All Local Chairmen BLET UP Southern Region
Subject: Flexible Spending 2008

Brothers,

Enrollment opportunity for a Flexible Spending Account (FSA) should have arrived in your mail box from United Health Care. This program is set up to allow you to pay for co-pays and other medical expenses with pretax dollars. Below is a partial list of items that qualify for this type of payments:

Doctor Co-pays

Drug Co-pays

Dental Co-pays or other dental expenses not covered in our dental plan.

Vision Co-pays or additional cost for eye care not covered under the national plan

Over the counter medications, IE cold medicine, decongestant medicine, aspirin, Tylenol or their generic brand, etc.

With the recent increase in Dr and Drug Co-Pays, this benefit can put real dollars in your pocket. As an example, if you have some major dental work scheduled (such as braces for your kids) up to $3600 of that expense can be paid with pretax dollars. If you are in a 25 – 33 % tax bracket, that amounts to as much as a $1200 reduction in the federal taxes that you pay. Your payments to the plan are spread out over 12 monthly payments (ie: if you elect the maximum you would place $300 per month into your flex spending account). If you elected the minimum $120 deduction you would have $10 per month deducted from your pay and placed into your flex spending account. You can receive payment from the account when you present a bill via the attached claim form. You must furnish receipts to be reimbursed for the expense. The plan also has a use it or lose it provision, ie, if you sign up for $2000 in flex spending deductions and only have expenses equal to $1900 then you would only be able to collect $1900 of the $2000 you put into your account. If you were in a 33% tax bracket, that would still net you $533 in savings for the year ($633 tax savings minus the $100 left in the account = $533 net savings).

While I know the use it or lose it function of the plan can be scary, you can easily meet the minimum deduction of $120 for the year just on over the counter medications which would yield you a net savings of $40 for the year if you were in a 33% tax bracket. My wife and I have put the maximum in her flex spending account for the last 8 years ($2400) and been able to provide receipts to receive a total refund every year. Our over the counter medicine for our family in the year 2006 came to $217. If you are on maintenance medications this program can put real dollars into your pocket allowing you to pay your co-pays with pretax dollars.

There is also a plan that will allow you to pay for dependant care (DCAP). I am not as familiar with this plan. The major difference as compared to the FSA plan is that you cannot collect more money than you have in your DCAP account. .

Additionally, I have attached Side Letter 8 of the 2007 BLET National Agreement. We must reach at least 5% participation by the year 2009 in order to retain this benefit. We need to reach this threshold. This is a benefit that will put real dollars into our members pockets and I encourage you all to enroll at an amount you are comfortable with to see how the plan works.

If you have any specific questions, I encourage you to contact UHC at 877-311-7849. Also please note that you must make this decision and return the form and HIPPA authorization no later than October 26, 2007.

Hoping you find this information useful and decide to participate, I remain.

Fraternally,

Gil Gore

Reroute Miles Livonia - Houston

2007-07-27T08:41:00.001-05:00

Brothers,

I just got off the phone with Gary Taggart regarding the reroute miles on the long pool B372 RE47 running between Livonia – Lafayette – Alexandria and Houston via the BNSF due to the bridge being out. Carrier has agreed to pay the additional 50 miles for the long pool because the total miles exceeds the mileage built into the trip rate. This would only be payable when you work from Lavonia – Lafayette – Alexandria back to Houston. If a crew deadheads the additional miles will not be payable.

Those payments should begin effective today. Any crews that made trips over this territory prior to June 27, 2007 should fax a list of those trips and trains worked to our office so we can present a list to Labor Relations for payment. Fax 504-371-4756.

Please distribute this to all of our membership so they can be properly compensated for this service.

If you have any questions, please give me a call.

Fraternally,

Gil Gore

Effective Date of New Rates BLET 2007 National Agreement

2007-06-28T09:35:00.001-05:00

From: CLIFFJOHNSON@UP.COM [mailto:CLIFFJOHNSON@UP.COM]
Sent: Thursday, June 28, 2007 9:09 AM
To: Gil Gore
Cc: 'BDMac'; 'Mike Young'; 'D. W. Hannah'; 'C. R. Rightnowar'; larrybumpurs@utugo577.com; PGKENNY@up.com; Tim Donnigan; tjutu27@hotmail.com; TAZABAWA@up.com; ROROSCO@up.com; TERRYOLIN@UP.COM
Subject: Re: Rates on new BLET National Agreement

Gil,
In TCS, the new rates (other than trip rates) will go into effect immediately for all jobs called 7/1/07 or later. We are making the final updates today and tomorrow so they can be viewed via the RJ R function anytime after Saturday. The TCS trip rates have been computed but we cannot put them into the TCS system until after we close out the last half of June. Once we close June (on July 5th), we will immediately start putting in the new trip rates with this process being completed by Saturday the 7th. Employees will start being paid the new trip rates as soon as we load them, some as early as the 6th. Because TCS is a very old, outdated system, the loading process is manual, cumbersome and time consuming. Once we get the new trip rates loaded in TCS, we will run a repay program to go back to reprocess all trip rated timeslips from 7/1/07 to the date the final load was completed. This is the process we run for each increase.
For those territories that are fortunate enough to be cutover to CMTS, the new rates, including trip rates, will go into effect immediately on 7/1/07. The regular, non-trip rates, have already been entered and we are completing the trip rates today. All will be available for viewing starting tomorrow.
The report of trip rates and offsets that we maintain on the timekeeping web page which is available to all employees, should be on-line by the end of next week.
With regard to the back pay, this is a very complex and time consuming process and we want to make sure we get it right. It is our goal to make the payments by the 60 day time line referenced in the agreement , if at all possible. That would put us near the end of August. We have meetings scheduled with Labor Relations at various stages along the way to keep them updated on our progress. If there is some unforeseen delay, it will be communicated to you by their office.
Thanks,
Cliff Johnson
Sr. Director - Timekeeping Operations
1400 Douglas Street - STOP PNG07
Omaha, NE 68179-0710

Phone: 402-591-2003 Fax: 402-591-2122
Email: cliffjohnson@up.com
Gil Gore" <thegores1@cox.net>

06/28/2007 08:10 AM
Cliff,
Can you shed some light on when UP expects to have the new rates in effect established under the 2007 BLET National Agreement? It is my understanding that the effective date of the agreement is July 1, 2007. Is the UP computer system going to begin paying those rates effective July 1, 2007 or at a later date?
Additionally, does the timekeeping dept have any projected information or timeline regarding the payment date and method of payment regarding the back time contained in the agreement?
Thanking you in advance for your effort to gather this information, I remain.
Sincerely,
Gil Gore

BLET Members Vote YES for New Contracts

2007-06-21T19:28:00.001-05:00

By a majority of 2-1, Brotherhood of Locomotive Engineers and Trainmen members nationwide voted in favor of the new freight rail contract negotiated by the Rail Labor Bargaining Coalition. The BLET members’ votes were the first in the coalition to be counted. Later in June the votes from the other unions: Brotherhood of Maintenance of Way Employes Division; Firemen and Oilers; Sheetmetal Workers; Train Dispatchers; Railroad Signalmen; and Boilermakers will be counted.

“These results show that this is a strong national contract that will benefit our members,” said Don Hahs, National President of the BLET. “Our members will see increases in wages and a cap on health and welfare contributions. We worked hard to negotiate the terms of this new five-year contract. Together with the other members of the Rail Labor Bargaining Coalition we were able to keep the carriers at bay.”

The national five-year contract covers more than 17,000 freight rail workers on part of CSX, Union Pacific, Burlington Northern Santa Fe, and Kansas City Southern.

“When the carriers served their section six notices in 2004 they had staffing and consolidation in their sites,” said Hahs. “But we stood together and won a good contract with worthwhile improvements.”

Along with the national contract, votes were counted for the Burlington Northern Santa Fe on property agreement. The results were 10-1 in favor.

“I want to congratulate our general chairmen for helping communicate with our members about the many benefits this new contract will provide,” said Hahs. “I believe this contract is further evidence of the increased power rail labor has now that we have merged with the Teamsters Union and are a part of the Teamsters Rail Conference.”

Tuesday, June 19, 2007
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4493

BALLOT ON TENTATIVE NATIONAL CONTRACT IN THE MAIL AND AVAILABLE ONLINE AT BLE-T WEBSITE

2007-05-21T08:20:00.000-05:00

Tentative national contract in the mail, available online

CLEVELAND, May 17 — A complete copy of the BLET national contract, a synopsis of the agreement, and a back pay estimator are now available on the BLET website.
Per the BLET bylaws, a synopsis of the agreement and a ballot were mailed to all active BLET members today. The ballots are due by June 15, and results will be announced shortly thereafter.
The tentative agreement includes general wage increases totaling 17 percent (18.2 percent compounded over the life of the agreement), which will remain effective until December 31, 2009.
For BNSF members, the BNSF tentative agreement will be enclosed with the National proposal. Those members will have two ballots — a blue ballot for the National and a green ballot for the BNSF vote. Both ballots can be returned in the same postage paid envelope.
The tentative agreement provides members with retroactive pay. To help the members calculate what their back pay might be based on past earnings, the National Division has posted a “pay estimator” on its website. It should be noted, however, that not all compensation is subject to general wage increases, therefore, the dollar amounts that are generated from the back pay estimator may be different from actual back pay amounts.
The BLET reached the agreement through the auspices of the Rail Labor Bargaining Coalition (RLBC), which represents seven rail labor unions whose contracts cover nearly 85,000 rail workers (or 65 percent of the carriers’ employees). In addition to the BLET, the unions participating in the RLBC are the American Train Dispatchers Association, Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen, International Brotherhood of Boilermakers, National Conference of Firemen and Oilers/SEIU, and the Sheet Metal Workers’ International Association.
Members who do not receive a National ballot may call the office of National Secretary-Treasurer Bill Walpert at (216) 241-2630, ext. 227, or e-mail: ballotrequest@ble-t.org. Those who do not receive a BNSF ballot can also call NST Walpert’s office, but should e-mail: ballotrequest-bnsf@ble-t.org.
Copies of the BNSF agreement are available on the BNSF-MRL General Committee’s website: http://www.blet-bnsfmrl.org.
To download the National agreement and synopsis, or to use the back pay estimator, please visit the BLET website at:
http://www.ble-t.org/2007contract

2007 Tentative National Contract

Per the BLET bylaws, a synopsis of the agreement and a ballot were mailed to all active BLET members on May 17. The ballots are due by June 15, and results will be announced shortly thereafter.
The tentative agreement includes general wage increases totaling 17 percent (18.2 percent compounded over the life of the agreement), which will remain effective until December 31, 2009.
For BNSF members, the BNSF tentative agreement will be enclosed with the National proposal. Those members will have two ballots — a blue ballot for the National and a green ballot for the BNSF vote. Both ballots can be returned in the same postage paid envelope.
The tentative agreement provides members with retroactive pay. To help the members calculate what their back pay might be based on past earnings, the National Division has posted a “pay estimator” on its website. It should be noted, however, that not all compensation is subject to general wage increases, therefore, the dollar amounts that are generated from the back pay estimator may be different from actual back pay amounts.
The BLET reached the agreement through the auspices of the Rail Labor Bargaining Coalition (RLBC), which represents seven rail labor unions whose contracts cover nearly 85,000 rail workers (or 65 percent of the carriers’ employees). In addition to the BLET, the unions participating in the RLBC are the American Train Dispatchers Association, Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen, International Brotherhood of Boilermakers, National Conference of Firemen and Oilers/SEIU, and the Sheet Metal Workers’ International Association.
Members who do not receive a National ballot may call the office of National Secretary-Treasurer Bill Walpert at (216) 241-2630, ext. 227, or e-mail: ballotrequest@ble-t.org. Those who do not receive a BNSF ballot can also call NST Walpert's office, but should e-mail: ballotrequest-bnsf@ble-t.org.
Copies of the BNSF agreement are available on the BNSF-MRL General Committee’s website: http://www.blet-bnsfmrl.org.
NATIONAL CONTRACT
SYNOPSIS OF AGREEMENT
BACK PAY ESTIMATOR
(Pops up in new window)
2007 National Contract News
Thursday, May 17, 2007
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4474
© 1997-2007 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

Urge Congress to put a stop to limbo time

2007-04-03T09:25:00.001-05:00

Urge Congress to put a stop to limbo time

During the Easter recess, members will likely be in their home districts. Now is the time to visit, call, email or write your Member of Congress to tell them that you want limbo time eliminated as part of any rail safety bill. BLET members can give their Representatives first hand knowledge about the problem of limbo time.

BLET UP Southern Region Members can find their Representative by reviewing the list below.

It is these first hand accounts provided by BLET members that can be most effective in persuading Congress to act on limbo time, Vice President Tolman said.

“Members of Congress are elected by the people,” Vice President Tolman said. “They respond to their constituents’ stories. BLET members are the best advocates for their position.”

LOUISIANA

Sen. Mary Landrieu (D -

202-224-5824

Sen. David Vitter (R)
202-224-4623

Rep. Bobby Jindal (R - 01)
202-225-3015

Rep. William J. Jefferson (D - 02)
202-225-6636

Rep. Charlie Melancon (D - 03)
202-225-4031

Rep. Jim McCrery (R - 04)
202-225-2777

Rep. Rodney Alexander (R - 05)
202-225-8490

Rep. Richard H. Baker (R - 06)
202-225-3901

Rep. Charles W.
Boustany, Jr. (R - 07)
202-225-2031

TEXAS

Sen. John Cornyn (R)
202-224-2934

Sen. Kay Bailey-Hutchison (R)
202-224-5922

Rep. Louie Gohmert (R - 01)
202-225-3035

Rep. Ted Poe (R - 02)
202-225-6565

Rep. Sam Johnson (R - 03)
202-225-4201

Rep. Ralph M. Hall (R - 04)
202-225-6673

Rep. Jeb Hensarling (R - 05)
202-225-3484

Rep. Joe Barton (R - 06)
202-225-2002

Rep. John A. Culberson (R - 07)
202-225-2571

Rep. Kevin Brady (R - 08)
202-225-4901

Rep. Al Green (D - 09)
202-225-7508

Rep. Michael T. McCaul (R - 10)
202-225-2401

Rep. Mike Conaway (R - 11)
202-225-3605

Rep. Kay Granger (R - 12)
202-225-5071

Rep. Mac Thornberry (R - 13)
202-225-3706

Rep. Ron Paul (R - 14)
202-225-2831

Rep. Ruben Hinojosa (D - 15)
202-225-2531

Rep. Silvestre Reyes (D - 16)
202-225-4831

Rep. Chet Edwards (D - 17)
202-225-6105

Rep. Sheila
Jackson-Lee (D - 18)
202-225-3816

Rep. Randy
Neugebauer (R - 19)
202-225-4005

Rep. Charles A.
Gonzalez (D - 20)
202-225-3236

Rep. Lamar S. Smith (R - 21)
202-225-4236

Rep. Nick Lampson (D - 22)
202-225-5951

Rep. Ciro Rodriguez (D - 23)
202-225-4511

Rep. Kenny Marchant (R - 24)
202-225-6605

Rep. Lloyd Doggett (D - 25)
202-225-4865

Rep. Michael Burgess (R - 26)
202-225-7772

Rep. Solomon P. Ortiz (D - 27)
202-225-7742

Rep. Henry Cuellar (D - 28)
202-225-1640

Rep. Gene Green (D - 29)
202-225-1688

Rep. Eddie Bernice
Johnson (D - 30)
202-225-8885

Rep. John Carter (R - 31)
202-225-3864

Rep. Pete Sessions (R - 32)
202-225-2231

ARKANSAS

Sen. Blanche Lincoln (D)
202-224-4843

Sen. Mark Pryor (D)
202-224-2353

Rep. Marion Berry (D - 01)
202-225-4076

Rep. Vic Snyder (D - 02)
202-225-2506

Rep. John Boozman (R - 03)
202-225-4301

Rep. Michael A. Ross (D - 04)
202-225-3772

OKLAHOMA

Sen. Tom Coburn (R)
202-224-5754

Sen. James Inhofe (R)
202-224-4721

Rep. John Sullivan (R - 01)
202-225-2211

Rep. Dan Boren (D - 02)
202-225-2701

Rep. Frank D. Lucas (R - 03)
202-225-5565

Rep. Tom Cole (R - 04)
202-225-6165

Rep. Mary Fallin (R - 05)
202-225-2132

KANSAS

Sen. Sam Brownback (R)
202-224-6521

Sen. Pat Roberts (R)
202-224-4774

Rep. Jerry Moran (R - 01)
202-225-2715

Rep. Nancy Boyda (D - 02)
202-225-6601

Rep. Dennis Moore (D - 03)
202-225-2865

Rep. Todd Tiahrt (R - 04)
202-225-6216

FW: Urge Congress to put a stop to limbo time

2007-04-03T09:20:00.000-05:00

Urge Congress to put a stop to limbo time

CLEVELAND, April 3 -- When they return from their Easter recess later this month, members of Congress will consider rail safety legislation. The BLET and its allies in Rail Labor are urging Congress to include a provision to eliminate limbo time in the bill.

Limbo time is one factor that aggravates fatigue. The industry’s manipulation of the Hours of Service Act by leaving crews stranded for unconscionable lengths of time began with the Supreme Court’s 1996 “limbo time” decision.

In order to eliminate limbo time, your member of Congress must demand an end to limbo time be included in rail safety legislation. For the next two weeks, your member of Congress will be in your home district for the Easter recess. The BLET is asking all members and their families to contact their members of Congress during these two weeks to urge them to include the limbo time provision in the bill.

“For the past year and a half, we have been collecting data from BLET field officers concerning excessively long work tours,” BLET National President Don Hahs said. “The data provided to us has been gathered from railroad records, and is stunning.”

During the Easter recess, members will likely be in their home districts. Now is the time to visit, call, email or write your Member of Congress to tell them that you want limbo time eliminated as part of any rail safety bill. BLET members can give their Representatives first hand knowledge about the problem of limbo time.

BLET members can find their Representative by going to:
http://www.bletdc.org/action/congress/

It is these first hand accounts provided by BLET members that can be most effective in persuading Congress to act on limbo time, Vice President Tolman said.

“Members of Congress are elected by the people,” Vice President Tolman said. “They respond to their constituents’ stories. BLET members are the best advocates for their position.”

Tuesday, April 03, 2007
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4448

Summary of tentative RLBC/NCCC agreement

2007-03-20T14:04:00.001-05:00

CLEVELAND, March 5 — The following is an outline summary of the major elements of the tentative agreement reached February 28, 2007, between the Rail Labor Bargaining Coalition (RLBC) and the National Carriers’ Conference Committee (NCCC). This outline is not intended to provide a comprehensive description or analysis of the Agreement.
The BLET will hold a meeting the week of March 19, 2007, to provide detailed information to the General Chairmen. Additionally, a packet of information explaining the tentative agreement in detail will be sent to each member as part of his or her ratification ballot. It is expected that the agreement will become effective June 1, 2007, if ratified by the membership.
WAGES
· General wage increases on the following schedule.
July 1, 2005 – 2.5%
July 1, 2006 – 3.0%
July 1, 2007 – 3.0%
July 1, 2008 – 4.0%
July 1, 2009 – 4.5%
HEALTH & WELFARE
· Expansion of in-network benefits and co-pays to employees who cannot obtain them today effective on July 1, 2007.
• In-network availability for over 90% of all employees, up from 75% today.
• Changes to in-network co-pays to pay for network expansion as follows:
• Visit to family doctor from $15 to $20.
• Visit to specialist from $15 to $35.
• ER visit (when not admitted as patient) from $30 to $50.
Prescription drugs:
• Retail - $10 generic; $20 brand name; $30 non-formulary.
• Mail order - $20 generic; $30 brand name; $60 non-formulary.

· Employee cost-sharing payments are 15% of monthly premium (employees currently pay about 14-15% through employee contributions starting on January 1, 2007 to pay for enhanced network coverage.
· Cost share adjustments will be made on January 1, 2008; January 1, 2009 and January 1, 2010.
· Employee cost sharing on January 1, 2010 will be capped at $200 per month, or 15% of the January 1, 2009 rate whichever is greater. There will be no increase during the period unions and railroads bargain over next contract.
· Elimination of the “Harris COLA.”
· Carriers will withdraw all work rules proposals regarding staffing/consolidation, manpower utilization and productivity improvements, and job actions.
Monday, March 05, 2007
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4440
© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

2006 BLET BYLAWS AVAILABLE ONLINE

2007-03-17T09:28:00.001-05:00

CLEVELAND, March 15 — An electronic copy of the new 2006 BLET Bylaws is now available in the Members Area of the Brotherhood’s website.
The Bylaws, available for download and printing as a PDF, are in effect as of today — March 15, 2007. The new Bylaws reflect changes approved by delegates at the BLET’s First Quadrennial Convention in June of 2006.
The BLET National Division is providing an electronic copy of the Bylaws to the membership while the document is being printed. The current bylaws provide that the National Division will furnish a copy of the bylaws to each member without cost upon request from the division Secretary-Treasurer.
The Bylaws are available at:
http://www.ble-t.org/members/bylaws
Thursday, March 15, 2007
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4446
© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

BLET Health and Welfare Summary Plan Description

2007-02-18T04:42:00.000-06:00

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Thursday, February 08, 2007 9:33 AM
To: All BLET Southern Region Local Chairmen
Subject: BLET H&W SPD

Brothers,

Attached in PDF format is our Summary Plan Description (SPD) for the BLET Health and Welfare Benefits for 2007. Please distribute this to our membership and I will post the same to our website for future reference and use.

To view a PDF copy of this file click HERE

Fraternally,

Gil Gore