BLET to Conduct Two S-T Workshops in 2006 in Dallas and Jacksonville

CLEVELAND, December 22 -- The BLET's Education and Training Department will conduct two three-day Secretary-Treasurer Compliance Workshops next year to assist STs prior to the major federal tax reporting deadline. These two workshops will be the only opportunity for STs to attend a workshop prior to the March 31 deadline for filing Department of Labor reports. One workshop will be in Dallas and the other in Jacksonville, Fla. During the three-day sessions, members will learn proper record keeping techniques, computer applications, and minute-taking. They will also learn methods for filing various Department of Labor and Railroad Retirement reports, as well as Federal tax returns. A representative from the Department of Labor will be on hand to answer Secretary-Treasurer questions and have tips regarding the preparation of LM reports. Course planners have added a new section to the workshop regarding the 2006 division elections. Next year is an election year for all of Divisions and the new segment — titled “Election Requirements” — was added to help ST's run their division election properly. As most STs already know, there are many changes to the filing of the reports each year, and all these changes will be addressed in these classes. A major change came when the BLET National Division implemented a new dues reporting and collection internet-based system on January 1, 2005. There will be an online demonstration on this new system to help everyone in class become familiar with it. Presenters will include Bill Walpert, BLET National Secretary-Treasurer; Bob Broka, Director of Records; Dr. Elaine Reese, Director of Compliance; Walt Schmidt, Webmaster; and Ken Kroeger, BLET Special Rep & Coordinator of the Education & Training Department. The BLET National Division pays the costs of books, equipment, and tuition, while Secretary-Treasurers who attend are responsible for their transportation costs as well as their room and board. Upon successful completion of the course, attendees will qualify for a $91 per day stipend from the North American Railway Foundation. The stipends will be paid directly to the Secretary-Treasurer of the respective divisions. Secretary-Treasurers will register for the 2006 workshops online through the BLE website at: http://www.ble.org/st. The workshops will take place January 30-February 2 at the Hotel Adams Mark in Dallas, and March 6–9 at the Hilton Jacksonville Riverfront Hotel. Members are responsible for making their reservations at the meetings in Dallas and Jacksonville and will be given the Brotherhood of Locomotive Engineers and Trainmen group rate code when they register for the workshop. Registration for the 2006 workshops is on a first come, first served basis with class size limited to the first 25 who register through the BLET website. For more information, please contact Ken Kroeger of the BLE Education & Training Dept. at (216) 272-0986 or kroeger@ble-t.org. Thursday, December 22, 2005 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4237 © 2005 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

UnitedHealthcare to send confirmation letters to employees who opt-out of benefits

(UnitedHealthcare issued the following on December 19.) Each year employees have the opportunity to change benefits during the Open Enrollment period. This is held each October for next year’s benefits. As a general rule your benefits will not change from one year to the next unless you return the enrollment form making a change. This is NOT the case if you wish to opt-out of benefits. Your election to opt-out of benefits must be made each year. If you elected to opt-out of benefits in 2005 and do not return the enrollment form to make that election again for 2006, your coverage will be reinstated on January 1st. In an effort to minimize any confusion, UnitedHealthcare will mail confirmation statements to all employees shown in their records as electing to opt-out of benefits for 2006. These statements will be mailed in mid December. If you receive a confirmation statement that you elected to opt-out and that is not your choice or, if you want to opt-out for 2006 but do not receive a confirmation letter by the end of December, you should call UnitedHealthcare at 1-800-842-9905 to make a correction You must call before February 1, 2006; changes will not be allowed after this date. Monday, December 19, 2005 bentley@ble.org http://www.ble.org

NCCC REQUESTS RELEASE FROM NBM ON NATIONAL CONTRACT NEGOTIATIONS

Rail carriers cut-off negotiations WASHINGTON, D.C. -- On December 14, the National Carriers' Conference Committee (NCCC) refused to set new dates for bargaining with the Rail Labor Bargaining Coalition (RLBC). The RLBC represents seven rail labor unions whose contracts cover nearly 85,000 rail workers or 65 percent of the carriers' employees. The NCCC represents the Class One carriers (Union Pacific, Burlington Northern Santa Fe, Norfolk Southern, CSX, etc.) that transport most the rail freight in the country. "The NCCC's refusal is mystifying," said Freddie Simpson, President of the Brotherhood of Maintenance of Way Employes Division (BMWED), "It is premature to refuse to bargain over the serious items both sides have placed on the table. What this round of negotiations needs is patience, hard work and willingness on both sides to listen and respond meaningfully to the other's issues. We have scarcely begun this process when suddenly the carriers up and walk away from the table." "The seven member unions of the RLBC are united in their desire to reach an agreement voluntarily," said Dan Pickett, President of the Brotherhood of Railroad Signalmen (BRS). "We are willing to sit at the table and talk to the carriers for as long as it takes to get an agreement done. You must fulfill the intent of the process-proposing your own substantive proposals and responding to theirs." "The carriers are attempting to distort the bargaining process by manipulating and misconstruing the procedure under the Railway Labor Act to obtain a government imposed resolution," said Don Hahs, President of the Brotherhood of Locomotive Engineers and Trainmen (BLET). "The Act is designed to resolve remaining disputes when good faith bargaining has reached impasse. We are far from reaching that point because the carriers have not yet begun to negotiate in good faith to resolve any of the parties' issues." "What is shocking about the NCCC's refusal to continue negotiations is that it comes at a time of record profits for the rail carriers," said John Murphy, Director or the Rail Conference and Teamsters International Vice President. "Yet their intractable, non-negotiable demands would change the nature of all railroad crafts through an ill-conceived consolidation and elimination of jobs. One would think the carriers' level of profits would provide them with some flexibility -- at least the flexibility to stay at the table." The seven unions of the Rail Labor Bargaining Coalition (RLBC) are: · Brotherhood of Locomotive Engineers and Trainmen (BLET), a division of the Teamsters Rail Conference; · Brotherhood of Maintenance of Way Employes Division (BMWED), a division of the Teamsters Rail Conference; · American Train Dispatchers Association (ATDA); · National Conference of Firemen and Oilers (SEIU); · International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB); · Sheet Metal Workers International Association (SMWIA); and · Brotherhood of Railroad Signalmen (BRS). Thursday, December 15, 2005 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4234 © 2005 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

Engineers Receive Cost of Living Adjustment Jan. 1, 2006

Engineers to receive a cost of living adjustment on January 1 CLEVELAND, December 16 -- Locomotive Engineers covered by the December 16, 2003 National Agreement will notice an increase in their pay checks on January 1. Under the terms of the national agreement, engineers will be allowed a cost of living adjustment of 31 cents per hour or $2.48 per basic day. The adjustment, called Harris COLA, is set out in the agreement as 50 percent of the cost of living adjustment in Article III of the agreement. Also effective January 1, the monthly contribution that engineers covered by the National Agreement make toward the cost of health and welfare benefits will be increased by $25.85 to $127.64. Under the terms of the National Agreement, the increase in monthly contributions is equal to the lesser of half of the increase in the railroads' cost or half of the COLA. Engineers on the following railroads are covered by the National Agreement: · The Belt Railway Company of Chicago · BNSF · Consolidated Rail Corporation · CSX (Baltimore & Ohio Chicago Terminal Railway Company; Gainesville Midland Railroad Co.; Richmond, Fredericksburg & Potomac Railway Co.) · DM&IR · Elgin, Joliet & Eastern · KCS · Longview Switching Co. · Northeast Illinois Regional Commuter Railroad Corp. (Metra) · Portland Terminal Railroad Co. · UP · Utah Railway Co. · Winston Salem Southbound Railway Co. The new rates are available in the Members Only area of the BLET website at the following location: http://www.ble-t.org/members/rate/0106 The next cost of living adjustment is scheduled for July, unless a new national agreement is reached before then.

NMB KNOWLEDGE DATABASE AVAILABLE ONLILNE TO SEARCH ARBITRATION AWARDS

The National Mediation Board has established an online knowledge database that will allow you to search awards by number or text within the award. If you would like to try this feature click HERE to go to the NMB Knowledge Database Website.

http://kas.cuadra.com/starweb1/nmbks/servlet.starweb1?path=nmbks/nmb.web

FW: Trains Turned Terror Targets - CBS 4 Miami

Mike Kirsch with WFOR (CBS 4 Miami) did a powerful story on trains being terrorist targets - it's a brilliantly constructed story, with helicopter tour, briefing, visit to wide-open rail yard, finding apts overlooking rail line into chlorine-using water treatment plant, simulation of chlorine cloud enveloping Miami, very powerful.

Click on:

http://cbs4.com/bios/local_bio_206112730.html/

Then scroll down to:

        Trains Turned Terror Targets Part II
        Trains Turned Terror Targets

Katrian and Rit Victums - Consider IRA, 401(k) early withdrawal as possible cash source option

Consider IRA, 401(k) early withdrawal They serve well as solid source of cash Sunday, October 30, 2005 Mary Judice Last week I wrote about sources of cash that are readily available as you struggle to meet daily needs and other financial obligations. Of all the sources I mentioned, the one that has drawn the most comments -- and questions -- is the early withdrawal from a qualified retirement plan like an Individual Retirement Account or a workplace-based 401(k) plan. As one reader put it, it's her largest investment and she would rather tap it than take on debt because her company is closing and she will soon be out of a job. And she's not alone, as unemployment numbers indicated this week. So what are the particulars of borrowing from these types of retirement vehicles? It all boils down to which source of funds you will tap. In hurricanes' wake The Katrina Emergency Tax Relief Act of 2005 makes special provisions for those taking money out of their individual retirement accounts in the wake of the hurricanes. Meanwhile, separate provisions by the Internal Revenue Service make it possible for employees, regardless of where they live, to take money out of qualified company plans, including 401(k) plans, to help relatives living in hurricane-affected areas, said Ed Slott, an IRA specialist from Rockville Centre, N.Y. who publishes a newsletter IRA Advisor. The emergency tax act allows you to withdraw money from your IRA without paying a penalty for taking funds out before the age of 59 ½ if you are in the disaster area. To make a withdrawal under the new provisions, which already have gone into effect, go to your employer or the bank or brokerage that serves as the custodian of your account. You will be able to withdraw up to $100,000 from your IRA. To qualify, your principal residence must be in the Katrina disaster area and you must have suffered an economic loss. The withdrawal could have been made beginning Aug. 25 and the time frame extends to Jan. 1, 2007. As a withdrawal, you do not have to pay the money back but it is taxable. However, if you decide to repay the money to bolster your retirement savings, you will be able to obtain a refund of the taxes paid by filing an amended return. And you could repay it under a lenient plan, which allows three years to get all of the money back into the plan. The clock starts ticking the day after you make the withdrawal. If you choose not to repay the funds, you must pay income taxes on the distribution. That's because when you first take the distribution, you will not have 20 percent withheld for taxes, which is standard under most plan distributions. You will have three years to pay the taxes using a method that spreads the income over three years. Relatively speaking Let's now consider the case of employees who want to take money out of their retirement plans for relatives impacted by the hurricanes or employees in the disaster area who want to withdraw from their own company plans for their own needs. Under new rules issued by the IRS, plan administrators can take the word of the employee about the hardship of relatives instead of having to verify it themselves. And the loan can be made even if the plan's rules don't normally provide for such emergency distributions. When you take money out of your retirement fund under these special IRS provisions, you have the same lenient penalty-free withdrawals if you live in the disaster area and the same lenient repayment and tax advantages as with an IRA. But if you live outside the affected area you could be subject to a 10 percent early withdrawal penalty, if applicable. And if you had a loan balance from a company plan on Aug. 25 or took out a loan you would have a payment deferral for one year. Randy Spinosa, a Mandeville accountant, said those with financial problems who are considering filing for bankruptcy protection should weigh the pros and cons of taking money from retirement accounts. Assets in qualified plans are protected from creditors in a bankruptcy, he said. He said other loan options should be explored, including bank loans and low-interest loans from the Small Business Administration, which may take a while to obtain and which of course would have to be repaid. Experts said age may also be a factor in deciding which course to take. For those years from retirement, these retirement plan distributions and loans may not be as appealing because they will lose the benefit of tax-deferred compounding. For a list of counties and parishes eligible for the retirement fund relief, go to Slott's Web site, www.irahelp.com. And to correct a point from last week. The federal tax extension for those in the Hurricane Katrina disaster area is effective for tax returns, tax payments or tax deposits due on or after Aug. 29, and in Florida where Hurricane Katrina first hit, beginning Aug. 24. For those in the Hurricane Rita disaster area, the effective date for relief begins Sept. 23. The relief act gives you until Feb. 28 to make tax payments to the IRS. . . . . . . . Mary Judice can be reached at mjudice@timespicayune.com or (504) 826-3496.

Insurance, finance questions raised by strom

Insurance, finance questions raised by storm Sunday, October 30, 2005 THE ANSWER SPOT EDITOR'S NOTE: This column marks the debut of the Answer Spot, an occasional feature that will address your post-Katrina questions. To submit a question, e-mail it to insurance@timespicayune.com FEMA FEMA issued me $2,300 to cover three months of rent on the apartment I rented after evacuating. I'm using the money to pay rent for September, October and November. I've heard that this rent money can be renewed. How can I renew it? What documentation will FEMA require for ongoing grants? Call the FEMA help line at (800) 621-3362 and ask the operator to put you through to recertification. Be prepared to explain where you are in the rebuilding process and why you need additional assistance. The operator will provide you with a number to fax your rental receipts to. FEMA will then verify those receipts and determine how much money, if any, to award you. FEMA is most likely to pay the additional rent to families who can demonstrate that they are making progress in rebuilding their lives. Families that have already begun repairing their homes but still need to stay in a separate rental unit, for example, are the best candidates for such a renewal. What's the purpose of the FEMA inspection and what will it mean to my life? When the FEMA inspector arrives, he or she will want to look at the damages your property has sustained. He will write down information about the damage he sees, but he will not be able to comment about whether or not you are eligible for disaster assistance. You will receive a letter from FEMA after the inspection that tells you what you are eligible for. Any insurance companies you file claims with have a similar inspection process. The purpose of these inspections is to determine what assistance you are eligible for. DEMOLITION/REBUILDING Will FEMA pay to demolish my home? If not, will FEMA provide any grants that I can use to pay for demolition? No. And no. If homes present an imminent threat to public health and safety, FEMA's public assistance program may provide money to local governments to cover the cost of demolition. However, FEMA provides no direct demolition assistance to homeowners. What is ICC coverage? If your home or business is damaged by a flood, you may be required to rebuild your home according to new building requirements that call for a higher elevation. For that reason, all National Flood Insurance Program policies include Increased Cost of Compliance (ICC) coverage that covers the cost of raising your home. If a home is substantially damaged -- defined as damage exceeding 50 percent of its pre-storm market value -- it must meet any new flood elevation levels set by federal authorities since your home was built. Once local officials determine that a home was substantially damaged, the homeowner will be notified that they must comply with the new flood elevation requirements. Then the homeowner may file a second claim with their flood insurance company to get up to $30,000 toward the cost of raising the structure to that higher elevation. An insurance adjuster will determine the exact cost to raise the structure and how much will be paid. ICC coverage can also be used to demolish a structure and build a new one at the higher elevation. However, all flood insurance policies pay out a maximum of $250,000. So even if you are deemed eligible for a $30,000 ICC payout, you won't get it if you've already received $250,000 worth of damages through your policy. Before Katrina struck, FEMA was in the process of updating flood maps of the New Orleans area as part of its regular map modernization program. Those changes are on hold for now while engineers review potential changes. SBA After applying for FEMA assistance, I got an SBA loan application in the mail. I don't want to take out a loan. Should I just throw the application out? No. The SBA does offer loans but it also refers some applicants back to FEMA for additional assistance. If you throw the application out, you're taking yourself out of the loop for additional assistance. SBA representatives are urging everyone who receives a loan application to fill it out and return it as soon as possible. How long do I have to file for an SBA disaster loan to cover damages, and what are the terms of the loan? The deadline for filing for disaster loans covering physical damages has been extended from Oct. 28 to Jan. 11, 2006. These loans are available to individuals and businesses to cover repairs to a primary residence or building, or replace personal property or inventory. For repairs to a primary residence, loans are made up to a maximum of $200,000, and for contents replacement a homeowner or renter may get a loan up to $40,000. Loans to businesses and nonprofits to cover physical damages can go as high as $1.5 million. These SBA loans have terms up to 30 years and interest rates as low as 2.68 percent for homeowners and 4 percent for businesses. The rates may be higher if the borrower has access to credit elsewhere. As of Thursday, a total of 1,389 loans had been approved for Louisiana borrowers. For information on these loans call (800) 659-2955 or go to www.sba.gov/disaster. Can I use money from my SBA disaster loan to pay off my mortgage? The SBA does sometimes offer mortgage assistance -- in the form of mortgage refinancing -- to homeowners who have applied for disaster loans. If the SBA determines that a loan applicant meets the agency's criteria for mortgage refinancing, and the SBA discovers that mortgage refinancing is necessary to make the disaster loan affordable, then refinancing may be offered. When the SBA offers mortgage refinancing, it is part of the disaster loan but is offered in addition to money provided for the actual repair or rebuilding of the home. SBA applicants don't need to fill out any extra forms to be considered for mortgage refinancing. The SBA reviews every application to see whether mortgage refinancing should be offered. Applicants who are determined to be eligible for refinancing will be told by their SBA loan officer and will know in advance that refinancing will be offered as part of the overall loan. What is the deadline for businesses to file for an SBA disaster loan for economic injury? Businesses can apply for SBA disaster loans that cover economic injury as well as physical damage. The deadline for applying for an economic injury loan to cover loss of business or to help meet business expenses while starting back up is May 29, 2006. The loans are issued at a maximum of $1.5 million, extend up to 30 years, and have an interest rate of not more than 4 percent. As of Thursday, 40 loans had been approved for Louisiana residents. For information on these loans call (800) 659-2955 or go to www.sba.gov/disaster. HANDLING THE MONEY I finally got my insurance check, but it's made out to both me and my mortgage company. What does this mean? Who gets to cash it? You get to cash it. But first both you and your mortgage company must endorse the check. This is the insurance company's way of protecting the interests of both you and the entity that holds the lien on your home. Requiring the mortgage company to endorse the check insures that that company knows what has happened to the home and what insurance money has been made available. You'll need to contact your mortgage company to make arrangements for their endorsement. What are the local bank policies on when and whether people can access their safe deposit boxes at heavily damaged bank branches? Several banks in the metro area had branches that were heavily flooded, leaving their safe deposit box vaults damaged and unavailable to customers. The banks have moved the damaged boxes from these branches to another location and will offer customers the opportunity to go into the branch and reclaim the property. In many cases, you must schedule an appointment to gain access to the deposit box. For specific information on the branch you bank at, visit your bank's Web site or call the bank directly. Safe deposit boxes are not waterproof, so if your box was damaged its contents may be damaged. Neither the bank nor the Federal Deposit Insurance Corp. insures the contents of these boxes, so you should file a claim on any property damaged in your box with your homeowners insurance. You can have any savings bonds that were stored in your box and damaged in the hurricane replaced. To do this, go to the government Web site www.publicdebt.treas.gov/sav/sav.htm. You can also do this by contacting the Federal Reserve Bank, Pittsburgh Branch, P.O. Box 867, Pittsburgh, PA 15230. Or, call the Federal Reserve Bank at (800) 245-2804. If you kept certificates of deposit in your box and they were damaged, your bank will be able to generate a printout summarizing your holdings. I've completed all the paperwork for my insurance claims. Where is my insurance check? What's the holdup? Insurers say some checks have been delayed because evacuees keep moving without notifying their insurance company of their new address and phone number. In other cases claims have been delayed by the slow pace of clearing debris from hard-hit neighborhoods. However, the state's biggest homeowners insurance underwriters, State Farm and Allstate Corp., said they are making steady progress on processing more than half a million claims that have been filed so far. Allstate has closed 50,000, or 21 percent, of the 237,000 claims filed in connection with hurricanes Katrina and Rita, company executives and a spokesman said. Similar numbers weren't available from State Farm, said spokesman Fraser Engerman, who added, "We are issuing checks every day." State Farm and Allstate handle 50 percent of the state's property insurance market, according to the state Insurance Commission. State Insurance Commissioner Robert Wooley said the quickest payments are coming from flood insurance underwriters who are using aerial photographs to assess property damage rather than visiting each site on foot. Underwriters operating through the federal government's National Flood Insurance Program have paid out $3 billion in claims thus far, said Coast Guard Cmdr. Brendan McPherson, a spokesman for the Federal Emergency Management Agency's joint field office in Baton Rouge. The agency expects to receive $22 billion in claims from 235,000 insured home and business owners. INSURANCE Our insurer made what is a ludicrous request of us. They called and requested that we go to our former home to clear passages for their adjusters. They said that the adjusters cannot measure inside the house because of the 'obstacles' (refrigerator turned upside down, living room furniture on the bed), etc. Here we are: I am 65 and only recently released from the hospital, and my 64-year-old wife who is recovering from heart surgery, and they want us to clear them a path? How far do I have to go to accommodate an adjuster? You should take whatever reasonable steps requested to make your property available for the adjuster. Cooperating is in your best interest because it insures that you will receive the most accurate assessment of your damages. However, you shouldn't be expected to do anything beyond your physical limitations. Call your insurance company back and explain your limitations. If you are unable to work out a solution with your insurance company, contact the state Department of Insurance. The agency will contact the insurance company on your behalf and ask for an explanation of how the claim is being handled. The state Department of Insurance can be reached at (800) 259-5300 or (225) 342-1258 or www.ldi.state.la.us. Will my insurance cover losses to the contents of my home? Probably. Your homeowners policy should cover damage to personal property, or the contents of a home. Under a homeowners policy, so-called 'contents coverage' is linked to the value of the building that is insured, and you automatically have contents coverage equal to 50 percent of the dwelling's value. Your federally issued flood insurance policy also may cover some of your contents. However, contents coverage is not automatically included on a flood policy. You must have made a conscious election to have your flood policy cover contents losses. If you can't remember whether you elected to have contents coverage on your flood insurance, look at your policy. The declaration page should indicate whether you have coverage on both the building and the personal property inside, or on just the building. If you don't have a copy of your policy, call your insurance agent. If you have contents coverage under both your homeowners and flood policies, file claims under both plans simultaneously. You will have to work separately with your flood and homeowners policy adjusters to see what is covered by each plan. My insurance doesn't cover all of the personal property I lost in my home. Will FEMA offer grants to people who don't carry enough insurance to cover all of their contents losses? Yes. FEMA issues grants for "other needs assistance." This type of assistance covers a handful of essential disaster needs, including medical and dental costs, transportation fees and, yes, losses from the contents of your home. It is awarded as part of the financial assistance package you or your family may receive. If you haven't already applied for this financial assistance package, you can do so by calling (800) 462-3362. You can also apply online by going to www.fema.gov. However, if you have insurance you should first work through your insurance claims and provide FEMA with a copy of the decision letter (settlement or denial) from your insurer. FEMA will then call for an inspection of your property. If you qualify for FEMA assistance, the agency will send you a letter outlining how you are to use the money. All FEMA aid is issued in grant form. I've learned my lesson and I now want to make sure that my flood insurance policy covers the contents of my home. How much does contents coverage cost? The premium on contents coverage can be higher than on building coverage and in many cases will double the cost of your flood policy. Here is how your premium is figured: If your building was built before the federal flood plain maps were drawn for your area, you would pay a flat fee. The map for Orleans Parish was drawn in 1984; the Jefferson Parish map was drawn in 1995. The graduated rate begins at 76 cents per $100 of coverage for building coverage and 96 cents per $100 of coverage for contents coverage and declines as more coverage is added. If your home was built after the maps were drawn, the rate depends on the building construction and whether the bottom floor is above or below sea level. For example, a building one foot below flood level would bear a top rate of $2.70 per $100 of the building's value. The contents would be calculated at a graduated rate that begins at $3.01 for every $100 in value. Like other insurance policies, the federal flood policies have separate deductibles for building and contents coverage. The deductibles range from $500 to $5,000. I feel like my insurance company is not treating me fairly. What are my options for appeal? If you are unable to work something out with the company, you can file either an electronic or a written complaint with the state department of insurance. The agency will contact the insurance company on your behalf and ask for an explanation of how the claim is being handled. The state Department of Insurance can be reached at (800) 259-5300 or (225) 342-1258 or www.ldi.state.la.us. You also have the option of invoking the appraisal clause in your policy. This is the portion of your policy that provides an avenue for working to settle disputes between you and the insurance company. Each party (you and your insurance company) chooses an appraiser to review the damage. If the two appraisers cannot agree, a third person called an umpire is selected. You are not bound by the decision of the umpire, and you still have the option of hiring an attorney if all other attempts to resolve the matter are exhausted. Keith Darcé, Mary Judice, Ronette King, and Kim Quillen, all of the Money staff of The Times-Picayune, contributed to this feature

In the Line of Duty: G.Y. Bailey

CLEVELAND, September 15 -- Brother G.Y. Bailey, Local Chairman of BLET Division 62 in Houston, was killed last night when his train collided head-on with a southbound chemical train in dark territory about 60 miles northeast of Houston. Both Union Pacific trains derailed, causing a hazmat spill. Brother Bailey, 51, began working for Union Pacific in 1978 and joined the BLE in 1992. Along with serving as his Division’s local chairman, he was actively involved in the organization as a primary member of the BLET Safety Task Force and the National Mobilization Team. He also served as Chairman of the Southwestern Convention Meeting in 2004. “This is a tremendous loss for both BLET and Union Pacific Railroad,” said BLET Union Pacific-Southern Region General Chairman Gil Gore. “Brother Bailey was an excellent Local Chairman and an exemplary employee who assisted hundreds of members on a wide variety of issues. He will be sorely missed both professionally and personally by me and many others for years to come.” A member of Division 62, Ronnie Gilmore, echoed this sentiment. “He was a gentleman,” Brother Gilmore said. “He was a dedicated, conscientious man, and he will be hard to replace.” Brother Bailey is survived by his wife Kathie, an active member of the Grand International Auxiliary; and four children, Elise, Caylin, Brennan and Ashley. “This is an extraordinary tragedy. It is a sad day for those of us at the BLET and for all those Brother Bailey touched through his work over the years,” BLET National President Don M. Hahs said. “Brother Bailey was one of the good guys. He loved this organization and worked hard to make it better. He will be missed. “This horrific accident has echoes of the one that occurred earlier this year in Graniteville, South Carolina -- both occurred in dark territory and resulted in hazmat spills and evacuations. It is incomprehensible that either of these accidents could happen. It is time that the railroads learn from their mistakes and take steps to make the industry safer. “It is with a heavy heart that I ordered the BLET flag to fly at half-mast over the Standard Building today. I am deeply saddened by Brother Bailey’s untimely death, and I extend my deepest sympathy to his family, friends and co-workers.” The BLET has been granted party status to the investigation by the National Transportation Safety Board. Members of the Safety Task Force are in route to the accident scene. The accident occurred at 12:15 a.m. on September 15. One Union Pacific train with two locomotives and 10 cars struck another UP train with two locomotives and three cars, about 60 miles northeast of Houston. The first train was traveling from Pine Bluff, Ark., to Houston when its locomotive struck the second train. The second train was stopped on the north end of a side track. The accident resulted in a hazmat release and forced the evacuation of nearby residents. Thursday, September 15, 2005 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4177 © 2005 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

 

BLET members reject Division size initiative

CLEVELAND, August 26 -- BLET members have rejected an initiative that would have created larger local divisions within the Brotherhood. Section 37(b) of the Brotherhood’s bylaws called for a membership vote on whether to keep divisions at their current size or merge them with other divisions if active membership in the division falls below 25. Currently, the BLET has 94 divisions that have less than 25 members. Ballots were mailed on July 22 and voting concluded at the close of business today. “This is just another example of why the BLET is one of the most democratic unions in the United States,” said BLET National President Don Hahs. “All active members of our organization were given the opportunity to vote on this provision and the majority voted no. The membership has spoken loud and clear and we will abide by the membership’s voice.” Friday, August 26, 2005 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4167 © 2005 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

 

The first two locomotives in Union Pacific's Heritage series were displayed recently in Omaha.

Union Pacific has a new series of locomotives painted to recall the railroads that have merged into the UP.

"Our reputation as America's greatest railroad has been strengthened by the many lines that have become a part of the UP.," said Chairman Dick Davidson. "It is time we pay homage to those railroads and the generations of men and women who helped to build a great nation and the foundation for our future."The first two locomotives in the series were displayed recently in Omaha. Painted to recollect the Missouri Pacific and Western Pacific railroads, the locomotives will operate across the UP system, the railroad said.The Missouri Pacific and Western Pacific locomotives will be followed in coming months by locomotives painted in the style of the Missouri-Kansas-Texas (Katy), Chicago & North Western, Southern Pacific, and Denver & Rio Grande.
The addition of Missouri Pacific more than doubled Union Pacific's route miles, Western Pacific track led UP to the Ports of San Francisco and Oakland, Katy gave UP access to Texas through Oklahoma, Chicago & North Western brought UP to the Windy City, and Southern Pacific and Denver & Rio Grande Western provided the famous Sunset Route and a direct route through Colorado.UP said its Heritage Series marks the fifth time in company history thatthe railroad has painted locomotives in colors other than the traditional "Armour Yellow" paint scheme.Locomotives were custom made in 1991 to honor UP employees serving in the Persian Gulf War, in 1994 to call attention to the United Way Campaign, in 1996 for the Atlanta Games Olympic Torch Relay Train, and in 2002 for the Salt Lake City Games Olympic Torch Relay Train

President Hoffa's Message to All BLET and BMWE Members - Change to Win Coalition

To read a PDF version of President Hoffa’s message to all BLET and BMWE members regarding the AFL-CIO disaffiliation and the creation of the Change to Win Coalition Click HERE.

Clarifying UTU smoke and mirrors

CLEVELAND, August 9 -- When sorting through the UTU's latest smoke and mirrors attempt to obscure the truth ("How to smoke out a pair of skunks," August 5), BLET and UTU members need to keep one fact in mind: No amount of spin doctoring will obscure the truth. Here is a link to UTU's proposed contract agreement with BNSF, in which UTU leaders propose the elimination of yard engineers from Rivergate Yards in Portland. Not only do UTU leaders propose eliminating these locomotive engineer jobs, they further propose using ground crew employees qualified as engineers to operate locomotives in a conventional manner. http://www.ble-t.org/pr/pdf/utuproposal.pdf BLET and UTU members can recognize a sell-out when they see one. No amount of UTU spin doctoring can obscure that fact. A sell-out is a sell-out, no matter how UTU tries to spin it. BLET General Chairman Dennis Pierce (BNSF/MRL), a major target in UTU's August 5 attack, clarified the real story behind the UTU sell out in a letter to his Committee today. Brother Pierce makes it clear that he has not "climbed in bed" with BNSF management, as UTU falsely claims. In fact, he has had no formal meetings with the carrier regarding this issue as the only formal meetings that took place were between UTU and BNSF in BLET's absence. While BLET requested a joint meeting with UTU and BNSF, UTU ignored the request. BLET generated no written contract proposals with the carrier on this issue, however, the UTU did. The UTU has put in writing its willingness to sell out engineers. What BLET informally suggested was that both unions, BLET and UTU adopt the jointly negotiated compromise agreement that UTU and BLET agreed to on another portion of the BNSF property in 2004. That agreement left one engineer and one conductor on the job in return for agreement language preventing the sale of the line. Brother Pierce notes that it was UTU that agreed to open up its crew consist agreement and eliminate the brakeman's position in order to prevent the line sale in Texas, not BLET. No negotiations occurred concerning the groundmen's craft without UTU present in the Texas case, nor did BLET suggest any occur in the Portland case. Pierce further explains: "Without getting into each and every tired old accusation that UTU has peppered its post with, you can rest assured that BLET did no negotiating behind closed doors to attack the groundmen's craft," he said. "Once notified of the proposed sale, we asked for a joint meeting with UTU and BNSF to discuss the possible adoption of the attached agreements. Ironically, unlike any agreements that UTU has negotiated on its own, the agreements that BLET proposed considering actually have hard fast language preventing the Carrier from selling the covered portion of the operation so long as the agreement is in effect. UTU obtained no such protection in its remote control sell out, in fact yards where UTU represented employees operate RCO are also up for sale and UTU has no agreement to prevent the sales. "As for our request to meet jointly, UTU did not even respond, instead they met alone with BNSF behind closed doors in our absence, returning to their offices after the meeting to draft an agreement that was clearly intended to eliminate a craft for which UTU holds no jurisdiction on this property." A copy of Brother Pierce's letter, along with all attachments, are available here: http://www.ble-t.org/pr/pdf/PierceRebuttaltoUTU.pdf http://www.ble-t.org/pr/pdf/ReducedCrewUTUBLET.pdf http://www.ble-t.org/pr/pdf/BLETUTUInitrop.pdf http://www.ble-t.org/pr/pdf/Fitgeraldrequest080205.pdf Tuesday, August 09, 2005 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4164 © 2005 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

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Posted by BLETSR to Brotherhood of Locomotive Engineers and Trainmen UPSR News at 8/11/2005 10:42:14 PM

DEADLINE FOR APPLICATOIN TO THE JAMES R HOFFA MEMORIAL SCHOLARSHIP FUND IS SEPTEMBER 30, 2005

James R. Hoffa became a Teamster member in 1934, served as General President for 14 years, and, in recognition of his tireless service to the Union and its members, was honored as General President Emeritus for life. At the November 1999 General Executive Board meeting, General Secretary-Treasurer C. Thomas Keegel presented a resolution to establish a new scholarship fund in recognition of Hoffa’s outstanding Contributions to the Union.

The James R. Hoffa Memorial Scholarship Fund Essay Contest will award scholarships annually to 50 students. All applicants must comply with the following eligibility criteria.

Each applicant must:

1. Be the son, daughter or grandchild of an eligible Teamster member

2. Be enrolled full-time in an undergraduate college, university or community college program, or a technical orvocational program;

3. Be 23 years old or younger by September 30, 2005; and

4. Not be a former winner of an award from the James R. Hoffa Memorial Scholarship Fund.

The applicant’s Teamster parent / grandparent must be able to demonstrate that

1. He/she was a member in good standing for (i) 12 consecutive months prior to the application deadline; or (ii) 12 consecutive months preceding the member’s retirement / disability / death or (iii) 12 consecutive months prior to the member’s layoff (layoff date must be no earlier than three years prior to the application deadline); or (tv) a period of less than 12 consecutive months prior to the application deadline, together with 12 consecutive months of good standing during some other previous period; and

2. He/she was not a Teamster officer or employee during the relevant period of good standing listed above.

APPLICATION PROCEDURE:

1. Applicant and Teamster parent or grandparent must complete questions 1-12.

2. Applicant must attach, on a separate sheet, a type-written essay of 500 words or less. (Essay will not be returned.)

3. Applicant must forward the completed application and essay to the James R. Roth Memorial Scholarship Fund office by September 30, 2005. We cannot allow any extensions to this deadline.

2005 ESSAY TOPIC:

Describe a brief history of your Teamster parents’ or grandparents’ involvement in their Local Union. How has it affected your family and why it is important to you?

To view a PDF copy of this information click HERE.

To download a copy of the application right click HERE and select save target as.

RAILROAD RETIREMENT AGE REDUCTIONS

August 2005

Railroad retirement benefits are subject to reduction if an employee with less than 30 years of service retires before attaining full retirement age.

Employees with less than 30 years of service may still retire at age 62.

However, the age at which full retirement benefits are payable was increased by 1983 social security legislation first effective in the year 2000. This legislation affected railroad retirement benefits through coordinating provisions of the Railroad Retirement Act, and the age requirements for some unreduced railroad retirement benefits changed just like the social security requirements.

The following questions and answers explain how these early retirement age reductions are applied to railroad retirement annuities.

1. What is the full retirement age for employees with less than 30 years of service and is it the same for all employees?

Full retirement age, the earliest age at which a person can begin receiving railroad retirement or social security benefits without any reduction for early retirement, ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later, the same as for social security.

2. How are the changes in the maximum age reduction being phased in?

Since 2000, the age requirements for some unreduced railroad retirement benefits have been rising just like the social security requirements. For employees with less than 30 years of service and their spouses, full retirement age increases from 65 to 66, and from 66 to 67, at the rate of two months per year over two separate six-year periods. This also affects how reduced benefits are computed for early retirement.

The gradual increase in full retirement age from age 65 to age 66 affects those people who were born in the years 1938 through 1942. The full retirement age will remain age 66 for people born in the years 1943 through 1954. The gradual increase in full retirement age from age 66 to age 67 affects those who were born in the years 1955 through 1959. For people who were born in 1960 or later the full retirement age will be age 67.

3. How does this affect the early retirement age reductions applied to the annuities of those who retire before full retirement age?

The early retirement annuity reductions applied to annuities awarded before full retirement age are increasing. For employees retiring between age 62 and full retirement age with less than 30 years of service, the maximum reduction will be 30 percent by the year 2022. Under prior law, the maximum reduction was 20 percent.

Age reductions are applied separately to the tier I and tier II components of an annuity. The tier I reduction is 1/180 for each of the first 36 months the employee is under full retirement age when his or her annuity begins and 1/240 for each additional month. This will result in a gradual increase in the reduction at age 62 to 30 percent for an employee once the age 67 retirement age is in effect.

These same reductions apply to the tier II component of the annuity.

However, if an employee had any creditable railroad service before August 12, 1983, the retirement age for tier II purposes will remain 65, and the tier II benefit will not be reduced beyond 20 percent.

The following shows how the gradual increase in full retirement age will affect employees.

Employee Retires with Less than 30 Years of Service

--If the employee was born in 1937* or earlier, his or her full retirement age is 65 and the maximum annuity reduction at age 62 is 20%.

--If the employee was born in 1938*, his or her full retirement age is 65 years and 2 months and the maximum annuity reduction at age 62 is 20.833%.

--If the employee was born in 1939*, his or her full retirement age is 65 and 4 months and the maximum annuity reduction at age 62 is 21.667%.

--If the employee was born in 1940*, his or her full retirement age is 65 and 6 months and the maximum annuity reduction at age 62 is 22.50%.

--If the employee was born in 1941*, his or her full retirement age is 65 and 8 months and the maximum annuity reduction at age 62 is 23.333%.

--If the employee was born in 1942*, his or her full retirement age is 65 and 10 months and the maximum annuity reduction at age 62 is 24.167%.

--If the employee was born in 1943 through 1954*, his or her full retirement age is 66 and the maximum annuity reduction at age 62 is 25%.

--If the employee was born in 1955*, his or her full retirement age is 66 and 2 months and the maximum annuity reduction at age 62 is 25.833%.

--If the employee was born in 1956*, his or her full retirement age is 66 and 4 months and the maximum annuity reduction at age 62 is 26.667%.

--If the employee was born in 1957*, his or her full retirement age is 66 and 6 months and the maximum annuity reduction at age 62 is 27.50%.

--If the employee was born in 1958*, his or her full retirement age is 66 and 8 months and the maximum annuity reduction at age 62 is 28.333%.

--If the employee was born in 1959*, his or her full retirement age is 66 and 10 months and the maximum annuity reduction at age 62 is 29.167%.

--If the employee was born in 1960* or later, his or her full retirement age is 67 and the maximum annuity reduction at age 62 is 30%.

__________

*A person attains a given age the day before his or her birthday.

Consequently, someone born on January 1 is considered to have been born on December 31 of the previous year.

4. What are some examples of how this will affect the amounts payable to employees retiring before full retirement age with less than 30 years of service?

Take the example of an employee born on June 2, 1950, who retires in 2012 at the age of 62. In terms of today's dollars and current benefit levels, not counting future increases in creditable earnings, assume this employee is eligible for monthly tier I and tier II benefits, before age reductions, of $1,200 and $800, respectively, for a total monthly benefit of $2,000.

Upon retirement at age 62, the employee's tier I benefit would be reduced by 25 percent, the maximum age reduction applicable in 2012. This would yield a tier I monthly benefit of $900; the employee's tier II benefit would also be reduced by 25 percent, providing a tier II amount of $600 and a total monthly rate of $1,500. However, if the employee had any rail service before August 12, 1983, the tier II benefit would be subject to a maximum reduction of only 20 percent, providing a tier II amount of $640, and a total monthly rate of $1,540.

As a second example, take an employee born on June 2, 1960, and also eligible for monthly tier I and tier II benefits, before age reductions, of $1,200 and $800, respectively, for a total monthly benefit of $2,000. This employee retires in 2022 at age 62 with no service before August 12, 1983.

Consequently, a 30 percent reduction is applied to both the tier I and tier II benefits and the net total annuity would be $1,400.

5. How are railroad retirement spouse benefits affected by this change?

If an employee retiring with less than 30 years of service is age 62, the employee's spouse is also eligible for an annuity the first full month the spouse is age 62. Early retirement reductions are applied to the spouse annuity if the spouse retires prior to full retirement age. Beginning in the year 2000, full retirement age for a spouse gradually began to rise to age 67, just as for an employee, depending on the year of birth. While reduced spouse benefits are still payable at age 62, the maximum reduction will be 35 percent by the year 2022. However, if an employee had any creditable rail service prior to August 12, 1983, the increased age reduction is applied only to the spouse's tier I benefit.

Take for an example the spouse of a railroader with less than 30 years of service, none of it prior to August 12, 1983, retiring in 2022 at age 62, with a spouse annuity, in terms of today's dollars and current benefit payments and before any reductions for age, of $1,000 a month. With the maximum reduction of 35 percent applicable in 2022, her net monthly benefit would be $650, while if this same spouse were retiring in 2005 at age 62 with the maximum age reduction of 30 percent, her net monthly benefit would be $700.

The following shows how this will affect the spouses of railroad employees if the employee retires with less than 30 years of service.

Spouse Age Reductions

--If the employee retires with less than 30 years of service and the employee's spouse was born in 1937* or earlier, the spouse's full retirement age is 65 and the spouse's maximum annuity reduction at age 62 is 25%.

--If the spouse was born in 1938*, the spouse's full retirement age is 65 years and 2 months and the spouse's maximum annuity reduction at age 62 is 25.833%.

--If the spouse was born in 1939*, her or his full retirement age is 65 and

4 months and the maximum annuity reduction at age 62 is 26.667%.

--If the spouse was born in 1940*, her or his full retirement age is 65 and

6 months and the maximum annuity reduction at age 62 is 27.50%.

--If the spouse was born in 1941*, her or his full retirement age is 65 and

8 months and the maximum annuity reduction at age 62 is 28.333%.

--If the spouse was born in 1942*, her or his full retirement age is 65 and 10 months and the maximum annuity reduction at age 62 is 29.167%.

--If the spouse was born in 1943 through 1954*, her or his full retirement age is 66 and the maximum annuity reduction at age 62 is 30%.

--If the spouse was born in 1955*, her or his full retirement age is 66 and

2 months and the maximum annuity reduction at age 62 is 30.833%.

--If the spouse was born in 1956*, her or his full retirement age is 66 and

4 months and the maximum annuity reduction at age 62 is 31.667%.

--If the spouse was born in 1957*, her or his full retirement age is 66 and

6 months and the maximum annuity reduction at age 62 is 32.50%.

--If the spouse was born in 1958*, her or his full retirement age is 66 and

8 months and the maximum annuity reduction at age 62 is 33.333%.

--If the spouse was born in 1959*, her or his full retirement age is 66 and 10 months and the maximum annuity reduction at age 62 is 34.167%.

--If the spouse was born in 1960* or later, her or his full retirement age is 67 and the maximum annuity reduction at age 62 is 35%.

_________

*A person attains a given age the day before his or her birthday.

Consequently, someone born on January 1 is considered to have been born on December 31 of the previous year.

6. What age reductions are applied to employees who retired with 30 years of service prior to 2002?

Under the Railroad Retirement and Survivors' Improvement Act of 2001, employees with 30 or more years of creditable service are eligible for full age and service annuities the first full month they are age 60, if their annuities begin January 1, 2002, or later. The spouses of such employees are likewise eligible for full annuities, which can also begin with the first full month the spouse is age 60. Also, if a disability annuitant is age 60 and has 30 years of service, his or her spouse can receive an annuity at age 60 without any age reduction if the spouse's annuity beginning date is January 1, 2002, or later.

However, early retirement reductions are applied to the tier I portion of an employee's annuity if the employee first became eligible for a 60/30 annuity July 1, 1984, or later and retired at ages 60 or 61 before 2002.

The tier I benefit awarded such an employee's spouse will also be reduced for early retirement, regardless of whether the spouse retires at age 60 or 62, and regardless of the date the spouse's annuity begins.

7. Are age reductions applied to employee disability annuities?

Employee annuities based on disability are not subject to age reductions except for employees with less than 10 years of service, but who have 5 years of service after 1995. Such employees may qualify for a tier I benefit before retirement age based on total and permanent disability, but only if they have a disability insured status (also called a "disability

freeze") under Social Security Act rules, counting both railroad retirement and social security-covered earnings. Unlike with a 10-year employee, a tier II benefit is not payable in these disability cases until the employee attains age 62. And, the employee's tier II benefit will be reduced for early retirement in the same manner as the tier II benefit of an employee who retired at age 62 with less than 30 years of service.

8. Do these changes also affect survivor benefits?

Yes. The eligibility age for a full widow(er)'s annuity is also gradually rising from age 65 for those born before 1940 to age 67 for those born in

1962 or later. A widow(er), surviving divorced spouse or remarried

widow(er) whose annuity begins at full retirement age or later will generally receive an annuity unreduced for early retirement. However, if the deceased employee received an annuity that was reduced for early retirement, a reduction would be applied to the tier I amount payable to the widow(er), surviving divorced spouse or remarried widow(er). The maximum age reductions will range from 17.1 percent to 20.36 percent, depending on the widow(er)'s date of birth. For a surviving divorced spouse or remarried widow(er), the maximum age reduction is 28.5 percent.

For a disabled widow(er), disabled surviving divorced spouse or disabled remarried widow(er), the maximum reduction is also 28.5 percent, even if the annuity begins at age 50.

9. How can individuals get more information about railroad retirement annuities and their eligibility requirements?

Employees should contact the nearest field office of the Board for information or refer to the Board's Web site at www.rrb.gov.

Persons can find the address and phone number of the Board office serving their area by calling the automated toll-free RRB Help Line at 1-800-808-0772, or from the Board's Web site. Most Board offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.