FW: COLA Rate Increase Effective 1/1/07

Brothers,

 

Per the 2003 BLET and 2002 UTU National Agreements, we have a Cost Of Living Adjustment (COLA) coming January 1, 2007.  I am confirming the amount with the ND but have been provided the below message from UP Timekeeping regarding the increase.  An increase of $0.15 per hour equates to $1.20 per 8 hour basic day.  As noted below, since we are still tied to TCS, the increases in our trip rates will not show up on our payroll information until the last half of December has been closed.  At that time adjustments to the rate will be made and should reflect on your computer printouts.  All other assignments should show the increase effective Jan 1, 2007.  Also be aware, that the increase will not apply to those payments incorporated into the trip rates frozen by the 1986 BLET National Agreement.

 

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

 

Wishing you all a Merry Christmas and a Healthy and Prosperous New Year, I remain.

Fraternally,

Gil Gore 

 

From: CLIFFJOHNSON@UP.COM [mailto:CLIFFJOHNSON@UP.COM]
Sent: Friday, December 22, 2006 9:00 AM
To: All UP General Chairmen
Subject: COLA Rate Increase Effective 1/1/07

 

The National Agreements provide for a Cost of Living Adjustment (COLA) of 15 cents per hour to all UTU, UTU-E, and BLET covered positions effective January 1, 2007.  All relevant rate schedules in TCS and CMTS have been updated and will automatically go into effect for crews called on duty after midnight January 1.  

For employees who are still being called and paid in the TCS system, "trip rated" increases will not be completed until after the close of the last half December payroll.  The same applies for individual fixed amount classes of time that are subject to increases, which are few. The design of the TCS system does not allow us to make these increases prior to closing the December payroll.  Once the last half of December closes, we will complete the rate increase process for those fixed classes of time subject to increase, and the trip rates then begin an automated repayment process for all affected trips. We ask individual employees not to call the Timekeeping Customer Service Center before January 12, 2007 regarding pay shortages due to the January 1 rate increases in the "trip" rated areas or fixed classes of times that are subject to the wage increase.

For those employees being called/paid in the CMTS system, all applicable increases, including trip rates, guarantees, and fixed classes of time will be effective on January 1 as scheduled.  Likewise, any employee being called/paid in TCS who does not work a trip rate job (yards, locals, switchers, etc.) will see the applicable rate increase in effect as scheduled.  

Please forward this communique onto your local chairmen with a request that it be posted or distributed to the rank and file members in order to avoid any confusion regarding the timing of the rate increase process.  In order for our customer service center to be able to handle their day to day inquires, it is essential they not be bombarded with questions regarding the rate increases in TCS that may not be completed until several days after January 1.  If you see any discrepancies with CMTS rates immediately after 1/1/07, do not hesitate to contact myself, Tim Holmes, or Greg Cox.

If you have any questions about the process please do not hesitate to call me and thank you for your cooperation in this matter.

Cliff Johnson
Sr. Director - Timekeeping Operations
1400 Douglas Street - STOP PNG07
Omaha, NE 68179-0710

FW: Houston Hub Trip Rate Settlement - 2nd trip rate

From: Gil Gore [mailto:gilgore@bletsr.org]
Sent: Friday, December 15, 2006 3:39 PM
To: Clifton Meguess; Dan Underwood (dhu139@houston.rr.com); Gerald Boudreaux (gerardjb@bellsouth.net); Jim E. Rosas (jerosasble@juno.com); Larry Kaleck (Lmkaleck711@aol.com); Les Jeanlouis (L R Jeanlouis); Ray Basco; Raymond H. Prejean (bigfootdq@yahoo.com); Richard B Alston; Roland Gutierrez (rolando410@cmaaccess.com); Tyler Gray (trgray775@yahoo.com); Wade Stevener (wadeandrockie@sbcglobal.net)
Subject: Houston Hub Trip Rate Settlement - 2nd trip rate

Brothers,

Attached you will find a copy of a letter of understanding (Click Here to View in PDF) that has been proposed to settle the 2^nd trip rate when used in turnaround/hours of service relief in the Houston Hub.  I am requesting your ratification of this interpretation.

As you are aware, the dispute developed surrounding the language in the 2003 BLET National Agreement Article V – Pay System Simplification.  Unfortunately, there were some circumstances where crews were deadhead combined with service and paid actual miles for the working and deadhead portion of the trip.  Per the 2003 BLET Agreement, mileage that was paid as one trip would be incorporated into the trip rate as one start.  We have come to a compromise on the issue with the attached letter of understanding which provides for some pools that had evidence of being deadheaded separate and apart from service to be paid two trip rates.  Other pools will be paid two trip rates when the turnaround/hours of service work reaches the threshold of 50 miles or more combining both the deadhead and working portion of the turnaround trip.  I believe this is a good compromise settlement because it allows the miles already made deadheading in combined service to remain in the trip rate and ensures that all pools will be entitled to the 2^nd trip rate either automatically or under the 50 mile criteria.  This 50 mile threshold will cover more than 90% of the cases when crews are used in turnaround/hours of service relief.  Had we gone directly to the disputes committee, several pools would have been shut completely out of the 2^nd trip rate altogether due to the payment of combined miles for deadhead service during the test period.  This is a hub wide settlement.  Failing ratification of this proposal, we will have to take each pool to the disputes committee and I can assure you that the data will result in some pools being shut out of the 2^nd trip rate completely.

With the above in mind, I recommend the ratification of this letter of understanding to settle this dispute.    

Additionally, I have negotiated an understanding to pay all outstanding claims for this type of service if they meet the criteria established in the letter of understanding that have occurred since June 1 of 2006 when this dispute arose.  I have attached a copy of my message to all Local Chairman dated 08-09-06 (Click Here to View in PDF) suggesting that members use the attached work sheet to record trips that involved work and deadhead out of the away from home terminal.  If you or your members will forward those sheets to our office immediately, I will provide the same to the carrier to settle any shortages that have occurred since June 1, 2006.  If you have saved the detailed KMB’s for these pools as suggested, that should help identify the crews who possibly were shorted.  The settlement included a window of opportunity to present any shortages for payment.  The cut off date for providing this information will be December 31, 2006.  Shortage information provided beyond that time limit will not be considered.

I also need the ballots returned by December 31, 2006.  Please remember that we have a conference call line available that will take up to 100 callers.  If you would like to schedule a conference call for your Division to handle this ratification, please call the office and schedule the time with Carol to use the line.  We can provide e-mail instructions on how to use the line if necessary.

I will post this information on our website at http://bletsrnews.blogspot.com/ and on our e-mail blogg at http://bletsre-mail.blogspot.com/.

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

Fraternally,

Gil Gore

FRA: Train crew work schedules contribute to accidents

FRA: Train crew work schedules contribute to accidents CLEVELAND, November 29 -- The Federal Railroad Administration (FRA) today released a study which provides a strong scientific rationale for evaluating railroad employee work schedules to address worker fatigue. According to the FRA, human factor errors were responsible for nearly 40 percent of all train accidents over the past five years. An FRA evaluation of the research findings confirms that fatigue plays a role in approximately one out of four of those accidents. The goal of the research was to determine if a fatigue model can accurately and reliably predict an increased risk of human error that could contribute to the occurrence of a train accident. A mathematical model for detecting the point at which the risk of fatigue becomes hazardous could be part of a railroad’s fatigue management plan. FRA expects this information will aid the railroad industry in improving crew scheduling practices in order to reduce that risk. A similar approach is currently utilized by the Department of Defense. Under the study, researchers analyzed the 30-day work schedule histories of locomotive crews preceding approximately 1,400 train accidents and found a strong statistical correlation between the crew’s estimated level of alertness and the likelihood that they would be involved in an accident caused by human factors. In fact, the relationship is so strong that the level of fatigue associated with some work schedules was found to be equivalent to being awake for 21 hours following an 8-hour sleep period the previous night. At this level, train accidents consistent with fatigue, such as failing to stop for red signals, were more likely to occur. “We applaud FRA’s work in validating Dr. Hursh’s model for use in the railroad industry,” BLET National President Don M. Hahs said. “The fact remains, however, that the vast majority of fatigue concerns could be addressed, if not eliminated, by taking several simple steps, including: improving ‘train line-up’ information for crews waiting to be called for work; 8 hour call for duty; defined calling windows to prevent work tour cycling; and ending abusive limbo time. “All of these practices could be implemented today, if the carriers were as concerned about the health and safety of their crews as they are interested in multi-billion dollar profits.” For a PDF of the report, go to: http://www.ble-t.org/pr/pdf/dot_fra_ord_0621.pdf Wednesday, November 29, 2006 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4393 Related Articles: FRA Website : http://www.fra.dot.gov/us/content/1737 UTU Website: http://www.utu.org/worksite/detail_news.cfm?ArticleID=31985 © 2006 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

 

NTSB Makes Recommendations on April 3, 2005 Amtrak - BNSF

This recommendation addresses the adequacy of the amount of time available for track inspections conducted by the BNSF Railway Company’s (BNSF’s) employees. The recommendation is derived from the Safety Board’s investigation of the April 3, 2005, derailment of Amtrak (National Railroad Passenger Corporation) passenger train No. 27, near Home Valley, Washington,1 and is consistent with the evidence we found and the analysis we performed. As a result of this investigation, the Safety Board has issued four recommendations discussed below. The Safety Board would appreciate a response from you within 90 days addressing the actions you have taken or intend to take to implement our recommendation.

The National Transportation Safety Board makes the following safety recommendation to the Federal
Railroad Administration:
“Extend to all classes of track safety standards for concrete crossties that address at a minimum the following: limits for rail seat abrasion, concrete crosstie pad wear limits, missing or broken rail fasteners, loss of appropriate toeload pressure, improper fastener configurations, and excessive lateral rail movement. (R-06-19)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_19.pdf

The National Transportation Safety Board makes the following safety recommendation to the Association of American Railroads and the American Short Line and Regional Railroad Association:
“Using the circumstances of the April 3, 2005, accident near Home Valley, Washington, emphasize to your members through your publications, web site, and conferences, as appropriate, the need to establish inspection guidelines for track inspectors that address the problems and characteristics unique to concrete crossties for all classes of track. As your members develop these guidelines, encourage them to consider the elements in 49 Code of Federal Regulations Part 213, "Track Safety Standards," for concrete crossties for Classes of Track 6 and higher. (R-06-21)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_21.pdf

The National Transportation Safety Board makes the following safety recommendation to the American Railway Engineering and Maintenance of Way Association:
“Using the circumstances of the April 3, 2005, accident near Home Valley, Washington, emphasize to your railroad members through your publications, web site, and conferences, as appropriate, the need to establish inspection guidelines for track inspectors that address the problems and characteristics unique to concrete crossties for all classes of track. As your railroad members develop these guidelines,
encourage them to consider the elements in 49 Code of Federal Regulations Part 213, "Track Safety Standards," for concrete crossties for Classes of Track 6 and higher. (R-06-22)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_22.pdf

The National Transportation Safety Board makes the following safety recommendation to the BNSF Railway Company:
“As part of your track inspector audit program, determine whether inspectors are provided adequate track time to perform their duties, and take corrective action if necessary. (R-06-20)”
**************************************************
http://www.ntsb.gov/recs/letters/2006/R06_20.pdf

 

 

 

Engineer Rates Effective July 1, 2006 posted to Agreements Page

Current rates for Locomotive Engineers are posted to the BLET UP Southern Region GCA Website at www.bleupsrgca.com/agree.html

 

The following rates are available:

 

Engineer Yard Rate www.bleupsrgca.com/files/yard.txt

Engineer Freight Rate www.bleupsrgca.com/files/freight.txt

Engineer Local Rate www.bleupsrgca.com/files/freight.txt

 

Trainman Rates will be available in the next few days.

 

 

Ballots To Be Mailed For IBT Election On or About October 6, 2006

Please review the below documents related to the upcoming IBT Officer Election.

 

Notice of Election Ballot Instructions – English

Notice of Election Ballot Instructions – Spanish

Notice of Election from IBT Election Supervisor

Notice of Election from IBT Election

 

 

Ballots Coming on or About October 6, 2006

On or about October 6, 2006, ballots for the election of International officers will be sent to all IBT members. Offices being elected include, General President, General Secretary-Treasurer, seven at large Vice Presidents, three International Trustees and eleven Regional Vice Presidents. If you do not receive a ballot by October 19^th then you should contact 888-428-2006 immediately. Please review the notice provided by the Election Supervisor below:

Notice of Election Supervisor click HERE

You also have access to a complete copy of the transcript of the Presidential Debate between Tom Leedham and General Secretary-Treasurer Keegle at the below link along with links to an online video of the entire proceeding.

Complete Copy of Debate Transcript click HERE

To view a video of the debate via high bandwith click HERE

To view a video of the debate via low bandwith click HERE

NOTICE OF IBT ELECTION

NOTICE OF ELECTION

International Brotherhood of Teamsters

The election of International officers is being conducted by mail ballot by the IBT Election Supervisor.  The positions to be elected are General President, General Secretary-Treasurer, seven At-Large Vice-Presidents, three International Trustees and eleven Regional Vice-Presidents, five to be elected by members from the Central Region, two to be elected by members from the South Region and four to be

elected by members from the Eastern Region. (Three candidates for Regional Vice-President from the West Region and three candidates for Vice-President from Teamsters Canada, including the President of Teamsters Canada, were declared elected at the IBT’s 27th International Convention.

On or about October 6, 2006, Election Supervisor Richard W. Mark will mail a ballot to all IBT members. The Election Supervisor will perform all functions relating to the mailing and counting of ballots. If you do not receive a ballot by October 19, 2006, if your address has changed recently if you need a duplicate ballot, or if you have any questions about this election, call 1-888-428-2006 (in the Washington D.C. area, 1-202-429-0403) immediately.

TO BE ELIGIBLE TO VOTE, a member must have his or her dues paid through October, 2006. Members may become eligible by paying any unpaid dues and initiation fees at their local union by the close of business on November 10, 2006. Members whose dues are withheld by their employer under a check off provision in their collective bargaining agreement will not be declared ineligible to vote due to the employer’s failure to make timely payment of those dues to the local union. For a full statement of the rules governing voting eligibility, please see Article V of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election.

TO VOTE, fill in the oval to the left of the candidate(s) or slate(s) of your choice. 

• A vote for a slate takes precedence over a vote for an individual candidate

• You can vote for individual candidates, whether or not they are on a slate, so long as the total number of votes cast (including a vote for a partial slate) is not greater than the total number of candidates to be elected to that office.

• After marking your ballot, insert the ballot into the “Secret Ballot Envelope.” Use of this envelope ensures voter secrecy. Place the Secret Ballot Envelope in the return envelope and seal and mail the return envelope. Your address information on the return envelope is required to identify you as an eligible voter. Do not obscure, change, cover or remove this information. Your vote will remain secret because the Secret Ballot Envelope containing your ballot will be separated from the return envelope and mixed with other Secret Ballot Envelopes before it is opened and your ballot is removed.

The Election Supervisor must receive your ballot by 9 a.m. EST on November 14, 2006. Only those ballots received by this date and time will be counted. The ballot count will begin after 10 a.m. EST on that day, at the IBT International Election Count Site in the Washington D.C. metropolitan area.

DO NOT GIVE YOUR BALLOT TO ANYONE TO MARK OR MAIL ON YOUR BEHALF. No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his or her vote and to cast and mail the ballot himself or herself. The Election Supervisor shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member's ballot by any other Union member, officer, business agent, steward or other person, including, but not limited to, recommending appropriate disciplinary proceedings against members involved, referring the matter to the Independent Review Board or the Government for appropriate action under law (including the Consent Order) and, when appropriate, disqualifying the candidate on whose behalf ballots were solicited. In addition, violation of this prohibition may subject the violator to criminal prosecution under all applicable provisions of the United States Code, including, but not limited to, 18 U.S.C. Sections 241, 1503 and 1509.

Onlline Election Reporting Now Available to STs

Online election reporting now available to STs

CLEVELAND, September 14 — As BLET Divisions nationwide prepare for their Triennial Election of officers, the BLET National Division has made online reporting of nomination results available to Division Secretary-Treasurers.

At their September meetings, Divisions will hold nominations for the various local offices (including president, vice president, secretary-treasurer, and local chairman, among others).

Division Secretary-Treasurers can report the nominating results on the BLET website in the same area where they file their monthly reports (www.ble-t.org/streport). A new link has been added in the ST Report section for “report nominations” under the Triennial Elections area.

Secretary-Treasurers with technical questions regarding the website should direct them to Walt Schmidt, Director of Online Services, at Webmaster@ble-t.org.

Questions regarding a candidate’s eligibility for office should be directed to Dennis Simmerman, Assistant to the President, at Simmerman@ble-t.org or (216) 241-2630, ext. 255.

Thursday, September 14, 2006
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4355

© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

BLET, UTU meet jointly with NCCC

CLEVELAND, September 8 — The national negotiating teams from the Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union met jointly on September 6 in Kansas City with the National Carriers’ Conference Committee (NCCC), which represents most of the major railroads and many smaller ones.

“Our strong show of solidarity has let the carriers know that we are serious about negotiating a top notch agreement for our membership,” BLET National President Don Hahs said.

First Vice President Ed Rodzwicz and UTU President Paul Thompson joined President Hahs at the meeting. Members of the BLET’s National Negotiating Committee and members of the UTU’s negotiating team were also in attendance.

“This is a time of record profits and record traffic volume for the carriers,” Hahs said. “Those profits are due largely in part to our highly skilled and dedicated members, who deserve a larger piece of the pie.”

The BLET and UTU have scheduled a second joint negotiating session with the carriers for October.

It has been nearly two years since the sides exchanged Railway Labor Act Section 6 notices, which are demands for changes in wages, rules and working conditions. Under the Railway Labor Act, contracts do not expire, but continue in force until changes are agreed upon and ratified by the membership. Section 6 refers to the section of the law providing for the sides to exchange demands for contract changes. Cost-of-living adjustments (COLAs) are paid semi-annually during the period of contract talks.

The BLET continues to negotiate as part of the Rail Labor Bargaining Coalition (RLBC), a coalition of seven unions representing nearly 85,000 rail workers.

Members of the BLET negotiating committee include President Hahs, Vice Presidents Dale McPherson and Steve Speagle, and General Chairmen Tom Roberts, Dennis Pierce and Tony Smith. Also representing BLET at the meeting was Dennis Simmerman, Assistant to the President.

Friday, September 08, 2006
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4353

© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

Final Rule Use of Locomotive Horns at Grade Crossings

Disclaimer: This summary of changes in the amended final rule is for informational purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on August 17, 2006. Should any portion of this summary conflict with the rule, the language of the rule shall govern.

Summary of Major Changes in the Amended Train Horn Final Rule

Locomotive Horn Sounding

• The compliance date of the time-based locomotive horn sounding requirements has been extended to December 15, 2006. (Please refer to section 222.21(b) for more information.)

• The locomotive horn must be sounded in a time-based manner at private and pedestrian crossings, if State law requires locomotive horn sounding at these crossings. (Please refer to sections 222.25 and 222.27 for more information.)

• A “good faith” exception has been added to the 20-second maximum locomotive horn sounding requirement for locomotive engineers who are unable to precisely estimate their time of arrival at an upcoming grade crossing. (Please refer to section 222.21(b) for more information.)

• An exception to the 15-second minimum locomotive horn sounding requirement has been added to the final rule for trains that resume movement after having been stopped in close proximity to a public highway-rail grade crossing. (Please refer to section 222.21(d) for more information.)

Locomotive Audible Warning Devices

• Locomotive audible warning devices (other than the locomotive horn) must be sounded in a time-based manner at public, private and pedestrian crossings, if State law requires the sounding of locomotive audible warning devices at these crossings. (Please refer to sections 222.21(e), 222.25, and 222.27 for more information.)

Quiet Zone Notification Requirements

• The public authority must provide a Notice of Intent before submitting an application for FRA approval of a quiet zone. (Please refer to section 222.39(b) for more information.)

• Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones: The public authority must submit a Notice of Intent by February 24, 2008 and a detailed plan for quiet zone improvements by June 24, 2008, in order to prevent the resumption of locomotive horn sounding on June 24, 2008. (Please refer to section 222.41(c) for more information.)

Locomotive Horn Sound Level Requirements

• Locomotives used in rapid transit operations on the general railroad system are exempt from the locomotive horn sound level and testing requirements contained in section 229.129. (Please refer to section 229.129(d) for more information.)

• The compliance deadline for sound level testing of new locomotives has been extended to September 18, 2006. (Please refer to section 229.129(b) for more information.)

• The test site parameters for locomotive horn sound level testing have been revised. (Please refer to section 229.129(c)(5) for more information.)

• The requirement to record air flow measurements taken during locomotive horn sound level testing has been removed. (Please refer to section 229.129(c)(10) for more information.)

• The final rule has been revised to address sound level testing of replacement locomotive horns. (Please refer to section 229.129(b)(4) for more information.)

Links to actual documents provided below for your ready reference:

(5358 Tolman – All Concerned 08-29-06.pdf)

(CFR 222-21-25-27.pdf)

(Summary Changes 222 – 229.pdf)

(CFR 222 – 229 Final Rule Horn 08-17-06.pdf)

"The Nation's Railroads - They use us, then Abuse Us"

CLEVELAND, September 1 — Rail Labor is standing strong and united in the face of railroad greed and rail employer abuses. The carriers use us, then abuse us. We will not tolerate it; we will fight it.

A united Rail Labor demands that the carriers abandon their scorched earth policy of labor relations and negotiate fair and equitable contracts with all the union's representing railroad employees whose hard work and dedication have generated record profits for the carriers. Rail Labor demands fairness and respect. Nothing more; nothing less.

Below is a listing of issues where rail labor has assisted the railroads over the past four decades. The carriers could not, on their own, have accomplished the passage of these legislative acts, which have returned billions of dollars to the rail industry. But rail labor, by aligning with the carriers, aided the carriers to pass legislation favorable to the rail industry during an era when the railroads were struggling financially.

And the carriers have shown their gratitude by seeking givebacks and job cuts.

As a symbol of Rail Labor’s solidarity and anger, the Rail Unions are launching the first salvo in an ongoing campaign to visibly demonstrate our members’ anger at the carriers’ greed and unfairness.

Each BLET division will soon be receiving a supply of bumper stickers proclaiming: “The Nation’s Railroads — They Use Us, Then Abuse Us”. The bumper stickers carry the logos of all rail unions.

This campaign is the first of several coordinated mobilizations intended to demonstrate our solidarity and joint resolve to obtain fair and equitable contracts. We will continue to ratchet up our efforts in the days and months ahead until we achieve a just resolution of our contract demands.

Please join with all of Rail Labor in this membership mobilization effort by proudly displaying a bumper sticker on your personal vehicle. Every rail union is doing the same. Standing together, we shall prevail.

THEY USE US - THEN ABUSE US! (Click Here to view Bumper Sticker)

How Rail Labor has aided railroads over the years

Rail labor support of railroads on Capitol Hill has generated for freight railroads literally tens of billions of dollars in cash infusions, cumulative cash savings, loans and loan guarantees. Here is a listing of some of the major beneficial rail legislation passed by Congress with rail labor’s support. Without rail labor support, virtually all of these bills likely would not have become law.

· Rail labor supported passage of the Transportation Act of 1958, which provided $500 million in loan guarantees, railroad capital expenditures and maintenance. The Interstate Commerce Commission said in its 1963 annual report that without those loan guarantees, eastern railroads would not have survived.

· Rail labor supported passage of the Emergency Rail Services Act of 1970, which authorized federal loan guarantees of up to $200 million for bankrupt railroads to use for “essential” operations.

· Rail labor provided crucial support in Congress for creation of Amtrak in 1971, through passage of the Rail Passenger Service Act of 1970. This legislation allowed freight railroads to get out of the money-losing railroad passenger business. The Interstate Commerce Commission had estimated railroads had lost $1 billion operating passenger trains between 1967 and 1970.

· Rail labor supported passage of the Regional Rail Reorganization (3-R) Act of 1973, which authorized $1 billion in federal loan guarantees, $559 million in direct grants, and $85 million in operating subsidies for bankrupt railroads.

· Rail labor provided support for passage of the Railroad Revitalization and Regulatory Reform (4-R) Act of 1976, which authorized $2.1 billion in federal loans to Conrail; $1.6 billion in federal loans and loan guarantees to other financially weak railroads for plant and equipment purchases and track rehabilitation; and $360 million in branch line subsidies. The 4-R Act opened the door to greater rail ratemaking freedom and, for the first time, imposed a time limitation on how long regulators had to approve railroad mergers. The 4-R Act also prohibited discriminatory state and local tax treatment of railroad property, and accelerated the process for railroads to abandon money-losing branch lines.

· Rail labor support was crucial to the passage of the Staggers Rail Act in 1980, which largely deregulated railroads. While this legislation was very harmful to Rail Labor, it was necessary to financially save the industry. The Staggers Act also expedited abandonment and merger proceedings. The productivity improvements flowing from job savings helped to restore railroad profitability. The Staggers Act also opened the door for railroads to transfer branch lines to short-line enterprises. Rail labor suffered substantially, but accepted those wounds to assist in the private-sector survival of freight railroads. Railroad bottom lines improved by literally billions of dollars as a result.

· Rail labor supported passage of the Economic Recovery Tax Act of 1981, which the Association of American Railroads said provided the rail industry with a one-time cash infusion of $2.5 billion.

· To assure the continuation of Conrail in 1981, Railway Labor Executives Association President Fred Kroll coordinated with various rail unions to provide massive givebacks that totaled some $200 million annually for three years, or a total of more than half a billion dollars in givebacks. Conrail President Stan Crane said in a speech May 4, 1988, “From that moment on, labor no longer was our adversary, but our partner. As a result of that understanding, I believe we have the best relationship with labor in the industry.”

· Rail labor supported passage of Railroad Retirement Solvency Act of 1983, which raised to 62 the age at which 30-year railroad veterans could retire with full benefits. That law also increased Tier II contributions for employees by 2.25 percentage points, imposed income taxes on Tier II benefits, and deferred a scheduled Tier II COLA for retirees.

· During the 1980s, rail labor worked with railroads to defeat proposed legislation to permit construction of coal-slurry pipelines.

· During the 1990s, rail labor supported railroads in their opposition to captive-shippers who were seeking re-regulation legislation that would have capped rail rates, limited rail rate-making freedom and opened privately owned rail routes to use by other rail carriers.

· In the wake of rail-service meltdowns following the Union Pacific-Southern Pacific merger and the Conrail carve-up, rail labor supported the railroads requests before regulatory agencies and Congress for more time and patience in solving the problem without greater federal interference. That assistance extended to support for temporarily lifting certain immigration restrictions to allow Canadian rail workers to take employment on U.S. railroads.

· The Railroad Retirement Reform legislation in 2002 was a joint labor-management effort that allowed carriers to save some $400 million annually according to Railway Age magazine.

· Rail labor brought Democrats on board legislation in 2004 to repeal the 4.3 cents per gallon diesel-fuel tax imposed on railroads, which provided the rail industry with $180 million annually in fuel-tax savings. That tax bill also provided Class II and III railroads, which feed business to Class I railroads, a track-maintenance tax credit of up to $3,500 per mile of track.

· In 2005, rail labor supported the rail industry when the District of Columbia and dozens of other communities sought to divert hazmat shipments to less efficient and more costly routes. Rail labor testified before Congress in support of the railroads’ position.

· In each session of Congress over the years, rail labor has supported the railroads’ effort to obtain hundreds of millions of dollars in federal funds to pay for improvement of highway-rail grade-crossings.

· Each time motor carriers sought legislation to liberalize the length and weight of trucks on federally funded highways, rail labor has helped the rail industry defeat that legislation.


RAIL LABOR HAS ALWAYS BEEN THERE WHEN THE RAILROADS NEEDED US.

RAILROADS ARE NEVER THERE WHEN RAIL LABOR NEEDS THEM.

THEY USE US - THEN ABUSE US!


(The above information is available for download as a PDF by clicking here.)

Friday, September 01, 2006
bentley@ble.org

FRA to support deployment of imrpoved train braking technology

FRA to support deployment of improved train braking technology CLEVELAND, August 18 -- The Federal Railroad Administration (FRA) announced today its intention to propose revised federal rail safety regulations to facilitate the installation of Electronically Controlled Pneumatic (ECP) brake systems capable of preventing derailments and shortening train stopping distances. “This technology has the potential to greatly improve the safety of our members,” BLET National President Don M. Hahs. “However, we need to ensure that the industry does not use its implementation as a pretense for eliminating the jobs of shop craft workers.” ECP brakes are applied uniformly and virtually instantaneously on every rail car throughout the train, rather than sequentially from one rail car to the next as is done with current air brake technology. The system provides improved train control when braking and can reduce stopping distances up to 60 percent. “ECP brakes are to trains what anti-lock brakes are to automobiles—they provide better control,” said FRA Administrator Joseph Boardman in a prepared statement. “It offers a quantum improvement in rail safety.” Boardman said the FRA intends to issue a notice of proposed rulemaking next year to revise the federal brake system safety standards to encourage railroads to invest in and deploy ECP brake technology. In order to achieve the safety benefits as soon as possible, FRA is open to considering plans from railroads interested in using ECP brakes before the proposed rule changes are completed, he said. According to FRA statistics, 14 percent of train accidents on main line track involved improper handling of the train or the automatic braking system in 2005. ECP brakes would give locomotive engineers better control over their trains and prevent many potential accidents. In addition, current problems such as derailments caused by sudden emergency brake applications, and runaway trains caused by loss of brake air pressure, could be eliminated using ECP brakes. The technology can perform an electronic health check of the brakes to identify maintenance needs. Friday, August 18, 2006 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4345 © 2006 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

Department of Transportation General Counsel issues Q&As on 49 CFR PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

The Office of General Counsel of Drug and Alcohol Policy and Compliance of the Department of Transportation issued Question and Answers covering Drug and Alcohol Testing Programs in July 2006 (Click Here to view in PDF). These Q&As constitute authoritative guidance and interpretation concerning 49CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS.

Please pay particular attention to to the Question and Answer dealing with 40.141 (Click Here to view 40.141) dealing with medications prescribed via an internet physician and the requirement for a direct doctor patient examination and relationship as well as connection of prescribed medication to a current medical problem. There are 4 criteria that must be met to reach the threshold of having a legitimate doctor – patient relationship.

1. – The patient has a medical complaint
2. – A medical history has been taken
3. – A physical examination has been performed
4. – Some logical connection exists between the complaint, the medical history, the physical examination, and the drug prescribed.

Taking medications prescribed by an “internet” doctor who has not physically examined you for your medical complaint per this interpretation would be illegal under the regulation.

All employees who have been prescribed medication via their personal physician to treat their medical issues will not have any problems. If you are taking medication prescribed via an internet physician, it is suggested that you immediately contact your local physician for a current examination to fulfill the requirements of a legitimate doctor – patient relationship.

Please note that this is an interpretation from DOT General Counsel of the Code of Federal Regulations and not something that falls under the purview of collective bargaining.

Railroad Unemployment and Sickness Benefits Increase July 1, 2006

The maximum daily benefit rate payable for claims under the Railroad Unemployment Insurance Act increased to $57 from $56 in the new benefit year, which began July 1. Benefits are normally paid for the number of days of unemployment or sickness exceeding four in 14-day registration periods, so maximum benefits for biweekly claims will total $570.


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.


To qualify for normal railroad unemployment or sickness benefits, an employee must have had railroad earnings of at least $2,875 in calendar year 2005, not counting more than $1,150 for any month. Those who were first employed in the rail industry in 2005 must also have at least five months of creditable railroad service in 2005.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 2005 earnings, may still be able to receive benefits after June 30, 2006.


Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board (RRB) office, or the RRB's Web site. As an alternative to applying for unemployment benefits through the mail, claimants may instead file applications online through the RRB’s Web site. Subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail, and employees can access information about their individual railroad unemployment insurance account statements via the Internet

Vice President Tolman testifies before Congressional Subcommittee

CLEVELAND, July 25 -- BLET Vice President and National Legislative Representative John Tolman testified today before the House Transportation & Infrastructure Committee’s Subcommittee on Railroads regarding human factors incidents in the railroad industry.

In his testimony, Vice President Tolman cited three key areas of concern to the BLET regarding human factors incidents. First, he underscored prior BLET testimony concerning fatigue, and the ways in which the industry’s rampant manipulation of the Hours of Service Act and governing FRA regulations contribute to this growing problem. Second, he addressed the nexus between inadequate training and human factor accidents. Third, he informed the Subcommittee of potential hazards inherent in some of the technologies that rail carriers say will eliminate human factor accidents.

NTSB report cites fatigue in fatal collision, hazmat release

Approximately three weeks ago, the National Transportation Safety Board adopted a report determining that the 2004 Macdona, Texas, collision and toxic chlorine release, which killed three people, was caused by a fatigued crew’s failure to respond to wayside signals. In the NTSB report, the crew was criticized for failing to effectively use off-duty time, thereby not obtaining sufficient restorative rest prior to reporting for duty. Union Pacific was criticized for train crew scheduling practices that created inverted crew members’ work/rest patterns.

“For many decades, then-prevailing industry practices worked to minimize or camouflage potential fatigue problems,” Brother Tolman testified. “Much larger crew sizes greatly reduced the likelihood that an entire crew would be working while fatigued. Moreover, collective bargaining agreements contained maximum mileage regulations — that were strictly enforced — under which a worker would be marked off for the remainder of the month when the maximum was exceeded.

“Over the past 60 years, technology has reduced crew size from five or six to two or three. Notwithstanding this fact, the supply of locomotive engineers, conductors and brakeman has not kept up with demand, creating enormous pressure on the industry to work crews above agreement-based mileage levels. The desire of railroad workers to improve, and not just maintain, their standards of living created similar pressure on unions to permit crews to continue working when those mileage levels were exceeded. As a result of these factors, smaller crews are working far more trips and miles than their historical predecessors.”

Limbo time regularly abused

According to Vice President Tolman, the changes in the rail industry have been compounded by “limbo time,” a system that is being abused by rail carriers and creating intolerable working conditions for train crews.

“The Hours of Service Act prohibits operating employees from working more than 12 consecutive hours in any 24?hour period, with limited exceptions,” Vice President Tolman said. “If a train cannot reach its destination within the 12 hours, the crew must stop in time to cease all work by the 12th hour, at which point they are considered ‘outlawed.’ A railroad that requires an operating employee to perform service covered by the Act beyond the 12th hour, unless the circumstances are exempted by statute, is subject to a civil penalty.

“Under current law, ‘time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty.’ Thus, a crew who stops their train short of the destination terminal because they have ‘outlawed’ are in ‘limbo’ status with respect to the Hours of Service Act while deadheading from where they stop to their off-duty point.

“The history of the Act shows a pattern of abuse by carriers that continues to this very day.”

BLET compiling Hours of Service violations

Vice President Tolman told Congress that the BLET National Legislative Office is in the process of compiling examples of these abuses.

“Over the past nine months, we have received many thousands of reports of excessively long tours of duty,” Vice President Tolman said. “Our staff presently is assembling these data into a usable form, which we expect will be completed later this year. However, I can tell you that the preliminary information we have is shocking.”

According to data prepared by one of the four largest Class I railroads for the first six months of this year, on average, work tours for over 224 crews exceeded 14 hours every day. An average of nearly 103 crews a day work tours in excess of 15 hours, and over 46 and a half work tours in excess of 16 hours. Almost 20 crews every week for the first six months of this year had a work tour more than 20 hours long; that’s 12 hours of work followed by more than 8 hours of deadhead/limbo time.

In his closing, Vice President Tolman acknowledged that human factors incidents can be mitigated if proper steps are taken.

“While it is true that one human factor caused accident is too many, it also is true that humans make mistakes,” Vice President Tolman said. “A well rested, properly trained and experienced crew, provided with technological assistance that supports — rather than replaces — their skill set is far less likely to be involved in a human factor caused accident that a fatigued, poorly trained, inexperienced crew. We fully support bringing the railroad into the 21st Century by improving performance in all three of these areas, leaving none behind.”

In addition to Vice President Tolman, the following individuals testified before the subcommittee: The Honorable Joseph Boardman, Administrator, Federal Railroad Administration; Robert Chipkevich, Director, NTSB: Office of Rail, Pipeline and Hazardous Materials Investigations; Dr. Martin Moore-Ede, M.D., Ph.D., Chief Executive Officer, Circadian Technologies, Inc.; Edward Hamberger, President and Chief Executive Officer, Association of American Railroads; W. Dan Pickett, International President, Brotherhood of Railroad Signalmen; Richard F. Timmons, President, American Short Line and Regional Railroad Association; and James Stem, Alternate National Legislative Director, United Transportation Union.

In his questioning, Representative John D. Barrow (D-GA) noted that employees are spread too thin to get effective amounts of rest.

“If staffing levels are inadequate, people are going to try to work too long and get too tired,” Representative Barrow said.

Representative Elijah Cummings (D-MD) asked whether the Hours of Service regulations are designed to protect workers and the general public. He also noted that the hours locomotive engineers spend on call is disruptive to their lives and puts them in danger. Representative Cummings compared the hours worked per month by locomotive engineers to those of truckers and airline pilots. Locomotive engineers can work a maximum of 432 hours per month, truckers can work a maximum of 260 hours per month and airline pilots can work a maximum of 100 hours.

In his testimony, Federal Railroad Administrator Joseph Boardman stated that 38 percent of all railroad accidents are caused by human factors, and acknowledged that fatigue was the cause of many of these incidents. He also noted that the Hours of Service Act was last amended 30 years ago, and since its last amendment, research has been done into the issue of that should help improve the regulations. He stated, however, that the FRA was powerless to help without assistance from Congress, the railroads and rail labor.

UTU Assistant Legislative Director Stem testified that he believed the FRA understands the problem, but said that action by Congress is now necessary to make changes in the industry.

For a PDF of Vice President Tolman’s testimony, go to: http://www.teamster.org/divisions/rail/pdfs/060725_tolmantestimony.pdf

Tuesday, July 25, 2006
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4333

© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

NCCC Serves New Section 6 notice on UTU

Attached you will find a letter from UTU President Paul Thompson to all UTU General Committees and State Legislative Boards outlining their latest agreement proposal with the National Carrier Conference Committee. The NCCC is the bargaining agent for all the Carriers in national handling that is under the influence of the UP and BNSF railroads. It is my understanding that a similar document is to be presented to our bargaining team next month when they meet with the NCCC. Please read these documents carefully. This should tell every employee exactly what Union Pacific thinks we are worth. You need only review the Compensation section of the agreement to get the full brunt of their philosophy.

1. Compensation

A. General Wage Increases and/or other forms of compensation.

1. Wage freeze during the term of the agreement (no GWI’s etc) for all current employees.

Employees establishing UTU seniority after date of Agreement – full rate of pay set at 80% of full rate position on June 30, 2005

B. Cola

1. COLA under current UTU National Agreement eliminated on effective date of Agreement.

2. No Harris COLA for periods subsequent to moratorium in New Agreement.

What that means to everyone is that under this proposal there will be no general wage increases (GWIs) for anybody during the life of this outlandish proposed contract. This proposal is offered in the wake of record setting profits by both Union Pacific and BNSF in the second quarter of this year (UP increased NET Profit for the 2^nd quarter by 67%).

We as operating employees (all engineers and trainmen) should be outraged at Union Pacific snubbing their nose at the very people who are responsible for the record profits they are bragging to Wall Street about. You the employees who are hauling the freight that is responsible for those record profits in their eyes are not worthy of a raise.

Digest these documents fully so that you can understand the contempt your employer has for the job that you do.