The BLET, along with ten other unions, had challenged carrier policies that required workers to use paid vacation and personal leave when taking FMLA leave in certain circumstances. Nearly two years ago the United States Court of Appeals for the 7th Circuit affirmed a lower court ruling that the law did not permit the carriers to override collective bargaining agreement provisions that gave workers control over scheduling paid leave. When the Supreme Court declined to hear the industry’s appeal, the stage was set for the arbitration of the matter.
The arbitration panel held that “the parties’ contracts at issue here do, as the District Court posited … ‘grant employees rights in addition to the accrual of vacation and/or personal leave, such as the right to determine when to use their accrued vacation and/or personal leave.’ … In all cases, employers may not unilaterally change scheduled vacations without good cause and appropriate notice. … [O]nce those days are set, no unilateral employer changes may occur without meeting specified contractual standards. These are not insignificant contractual benefits.”
The panel also found that “clear contract language and similar consistent arbitral precedent protect use of personal leave days and individual vacation days from arbitrary or unreasonable unilateral employer action unrelated to operational needs or other contractual standards.” The Award states “The carriers’ policies requiring employees to substitute paid vacation and/or paid personal leave for unpaid FMLA leave do violate the requirements of the national vacation and/or national personal leave agreements.”
According to the Arbitration Agreement, the Award becomes effective on December 16, 2008. On that date, the Agreement provides that “the carriers will immediately discontinue the invalidated provisions of [their] policies.” The arbitrators then will consider “the appropriate remedy for employees who were required to use paid leave for FMLA leave in violation of the national vacation and/or national personal leave agreements.” Assuming no agreed-upon extensions, initial submissions on that question will be due January 15, 2009, and reply submissions on January 30. A hearing then would be held by February 13, with a decision to be issued by April 14.
BLET National President Ed Rodzwicz congratulated those who made this victory possible, and thanked the BLET membership for their patience. “I want to congratulate, first and foremost, Mike Wolly, Margo Pave and the legal team who put on a great case, and our General Chairmen who persisted in keeping this struggle alive on the property and providing us with the data we needed to win. I also want to express my most sincere thanks to the Brothers and Sisters on BNSF,
The Award is available for download as a PDF from the BLET website at:
http://www.ble-t.org/pr/pdf/JSCaseNo3750.pdf
Tuesday, December 09, 2008
BLET, labor win big in FMLA arbitration
Monday, November 17, 2008
BLET, UTU jointly petition FRA for review of EO 26
The Emergency Order was issued on October 7, 2008, and significantly limits employee use of personal electronic devices in locomotive cabs. The ban applies to any electronic device that was not provided to the railroad operating employee by the employing railroad for business purposes.
“It is not our intention to unnecessarily complicate a fairly bright-line rule regarding the use of electronic and electrical devices,” BLET President Ed Rodzwicz and UTU President Mike Futhey said in their Petition for Review. “However, we do believe FRA should seriously consider those atypical situations in which EO 26 as currently written could inadvertently result in a diminution of safety, as compared to operating conditions and practices in effect prior to its promulgation.”
The Emergency Order came about because of the tragic accident in
“The safety of our members and the general public is the top priority of the Brotherhood of Locomotive Engineers and Trainmen, and these exceptions to Emergency Order 26 will make it much more effective,” BLET President Rodzwicz said. “The best way for our members to comply with the Emergency Order is to turn off their personal electronic devices, store them in their grips, and do not use them until you have been relieved from duty.”
BLET and UTU are seeking an exception to the Order banning the use of personal electronic devices while deadheading. While the unions agree that the Emergency Order seeks to improve safety, they argue that, “since deadheading crews have fulfilled their safety-related responsibilities — and in many cases are not on duty — they should not be restricted to ‘business purpose use’ only.”
To that end, the unions ask the FRA to rewrite a portion of the EO so that it reads: “A railroad operating employee who is deadheading may use a cell phone while within the body of a passenger train or railroad business car, or while inside the cab of a locomotive that is not the lead locomotive of the train on which the employee is deadheading.”
The use of cameras is also called into question. BLET and UTU argue that the EO appears to forbid photographic documentation by a train employee of safety hazards or violations of rail safety laws, regulations, orders or standards, which would actually diminish railroad safety.
On that issue, BLET and UTU ask for an exemption, which would read as follows:
“An electronic still or video camera may be used to document a safety hazard or a violation of a rail safety law, regulation, order or standard; provided, that (1) the use of a camera in the cab of a moving train may only be by a crew member other than the locomotive engineer, and (2) the use of a camera by a train employee on the ground is permissible only when (a) the employee is not fouling a track, (b) no switching operation is underway, (c) no other safety duties are presently required, and (d) all members of the crew have been briefed that operations are suspended. The use of the photographic function of a cell phone is permitted under these same conditions.”
Thirdly, the unions question a section of the EO that prohibits the use of electronic devices such (as calculators) to make computations. The BLET and UTU point out that a number of safety-critical computational functions are required in numerous circumstances if on-board systems fail or are not provided. These include managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length for speed restrictions and clearing track authorities.
A new section regarding exceptions to this portion of the EO should be added, and should be worded as follows:
“When mathematical calculations are required for safe train movement (e.g., managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length), it is permissible to perform such calculations by using an electronic calculator, or by using the calculator function of a cell phone or electronic timepiece.”
Finally, the unions petition the FRA to allow the use of Global Positioning Satellite tracking devices in order to gauge the accuracy of locomotive speed indicators, particularly when the designated measured mile lies within a temporary speed restriction of less than 30 miles per hour.
One effect of EO 26 is to preclude the use of a GPS device to calculate the speed of a train that is not equipped with a speed indicator because the train will not exceed 20 mph. Another is that the accuracy of a speed indicator determined within a slow order of 30 mph or less cannot be correlated with its accuracy at speed above 30 mph. Maintaining proper train speed is both safety-critical and demanded of a locomotive engineers.
The BLET and UTU petition the FRA to consider an exception to the EO for GPS devices, requesting that GPS tracking devices be allowed to verify the accuracy of the speed indicator in a controlling locomotive.
The joint Petition for Review was submitted to FRA today.
“BLET and UTU members will be kept apprised of the situation, and will be advised once FRA responds to our concerns,” Presidents Rodzwicz and Futhey said.
Monday, November 17, 2008
bentley@ble.org
Friday, November 14, 2008
Court of Appeals continues stays on direct observation rule
The stay will remain in effect until the Court considers and rules on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement that were filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway.
The Court also issued the following briefing schedule:
· The Joint Brief of Petitioners is due on December 12, 2008.
· The Brief of Respondent DOT is due on January 12, 2009.
· The Joint Reply Brief of Petitioners is due on January 26, 2009.
In addition, the Court directed that the case be placed on the argument calendar on the first available date following completion of briefing.
Thursday, November 13, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4730
Friday, November 07, 2008
Railroad Employees Flexible Benefits Program
Brothers,
I have been asked a question regarding the eligibility of engineers covered under the BLET National Agreement for Health and Welfare who are reduced to train service having an entitlement to continue enrollment in the BLET Flexible Spending Plan under the National Agreement. If a member is covered by the BLET H&W Plan for 2009 he/she would be entitled to continue participation in the Flexible Spending Plan throughout the course of the year 2009 even if reduced to train service subsequent to being locked into the BLET H&W Plan for the 2009 calendar year.
I have also provided below the information on the BLET National Division site with links to description of benefits and enrollment forms. Please encourage our membership to participate in this plan because our 2009 participation much reach 5% of our membership to retain the plan beyond 2009. They can elect to participate in as small an amount as $120 for the year ($10 per month deduction). The deadline for enrollment is approaching and it is imperative that those who want to participate enroll by November 12, 2008. This is a very good benefit that we do not want to lose.
Thanking you in advance for your efforts, I remain.
Fraternally,
Gil Gore
Railroad Employees Flexible Benefits Program
In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.
However, the program is in danger of being lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to contact United HealthCare for details when open enrollment begins.
Open enrollment for the plan will begin in the near future. Details on how to enroll will be provided on the BLET website and in the BLET newsletter once open enrollment begins.
In the meantime, the following information is being made available to BLET members so they can learn more about this money-saving plan.
2009 Enrollment Materials
Overview of Railroad Employees National Flexible Benefits Program for 2009 (PDF)
List of eligible carriers and Railroad Codes
(you will need these codes to complete your
enrollment forms) (PDF)
2009 Enrollment Form, Railroad Employees Flexible Benefits Program (PDF)
2009 Claim Form (PDF)
September 16, 2008
Flexible Spending Account will provide real savings
July 24, 2008
Flexible Benefit Plan information center now available
July 17, 2008
Flexible Spending Account enrollment begins in October
May 30, 2008
Flexible Benefits program allows members to save on health care expenses
Saturday, November 01, 2008
Court of Appeals stays direct observation rule
To All BLET Local Chairmen UP Southern Region
CLEVELAND, October 31 — In an order issued earlier today, the United States Court of Appeals for the District of Columbia Circuit has temporarily stayed implementation of a Department of Transportation regulation that would have required direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect tomorrow.
The stay will remain in effect until the Court considers and rules on an emergency motion filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway to stay the regulation until it has ruled on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement.
Friday, October 31, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4722
© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org
Health care cost sharing to increase slightly
To All Local Chairmen BLET UP Southern Region
The monthly contribution will increase from $166.25 per month to $170.96 per month beginning January 1, 2009. However, it was expected that the rate would increase to as much as $192 per month.
Health care for all rail labor unions is negotiated jointly through the Cooperating Railway Labor Organizations (CRLO). CRLO is a joint policy holder with the carriers of the Railroad Employees National Health and Welfare Plan, and participates in annual rate-setting meetings on an equal footing with the carriers.
According to the CRLO, the favorable trend in the medical premium for 2009 is in large part due to the removal of almost 20,000 ineligible dependents from the Plan through the recent eligibility audit — a savings of about $30 million for 2009.
In addition, medical claims are predicted to increase at a far lower rate than the national average of all insurance plans due to the implementation of several significant plan improvements, such as Nurse Line, Custom Care Coordination, Disease management, Integrated Behavioral Health, and Wellness Programs (Healthy Weight and Smoking Cessation). All of these changes are designed to improve the health and medical treatment of participants, and thereby reduce the frequency and severity of illness.
The monthly premium rate for the medical portion of the Plan increased a very modest 2.1% to $1,061.46. The Life and Accidental Death and Dismemberment premium decreased 10% to $12.30, while the Dental Plan rate increased by 23.3% to $55.98. The Vision Plan rate remained the same at $10.00.
Employee cost-sharing amounts were set by the 2007 National Agreements at 15% of the premium rates for the above four components of members’ insurance coverage (Medical, Life, Dental and Vision). The total amount of the four components for 2009 is $1,139.74, which is an increase of $31.40, or 2.8% over 2008. The 2009 cost-sharing amount is thus 15% of $1,139.74, or $170.96, an increase of $4.71 over the current amount of $166.25.
“Our cost-sharing increase was far lower than expected and well below the national average, which is a significant accomplishment,” said BLET National President Ed Rodzwicz. “The BLET will continue to work diligently along with the CRLO to keep employee cost sharing to a minimum while moving ahead with the constant improvement of our membership’s benefits.”
Friday, October 31, 2008
bentley@ble.org
Saturday, October 04, 2008
Flexible Spending Account Information
From: Warren Dent [mailto:jwdent1@gmail.com]
Sent: Saturday, October 04, 2008 8:16 AM
To: All Local Chairmen
Subject: Flexible Spending Account Information
Brothers,
You have all seen the messages from the GCA and ND offices about the upcoming annual enrollment for the Flexible Spending Account plan option. Those messages have emphasized the necessity of our increasing the number of active participants in order to protect and preserve this valuable option. We have to have a minimum 5% of the membership participating in the plan or it is lost after December 2009. Current enrollment is below the 5% threshold. I am of the opinion that the reason for this is that most of our membership is in the dark about what the plan is or how they can benefit from it. I must admit that, until recently, I counted myself in that group.
Depending on an individual’s medical circumstances and number of dependents, some Brothers/Sisters have more to gain than others, but the truth is that everyone can derive a benefit from this plan. The minimum contribution is $120 per year but you can earmark up to $3600 annually for medical expenses. The designated annual contribution amount is evenly deducted via payroll throughout the year. The monies contributed are not subject to Federal Income Tax. Therefore, a minimum $120 annual contribution from one in a 25%-33% tax bracket, would net the individual a $30-$40 tax savings on monies he/she was going to spend anyway. Deductibles and co-pays for Doctors, Dentists, Optometrists and Specialists qualify for reimbursement under the plan as do prescription medications and some common over the counter meds. For your info, I have attached some information about over the counter medications that qualify for reimbursement.
Click Here for UHC OTC info
In addition to the medical plan there is also another plan covering dependent care costs, with a maximum annual contribution limit of $5000. While this option might impact a smaller percentage of the membership, for those who qualify, it can be a vitally important benefit.
Understand that contributed monies that go unused over the 12 month period are lost, so I am encouraging those electing to avail themselves of this opportunity to be wise when determining their contribution amount. Even with that in mind, it is easy to see where virtually every member, even if enrolled for only the plan minimum of $120 per year, stands to gain from participation in this plan.
I understand that United Healthcare will be mailing the FSA registration packet to each member sometime next week and we will have about 30 days to respond. I urge each of you to consider whether the plan is right for you. Even if you chose not to participate, I’m asking each of you to spread the word to your membership about the plan and its’ benefits so that they understand what it is about and have an opportunity to make an educated decision concerning their participation. I would hate to see us lose this valuable opportunity and agreement right due to a participation shortfall that was based on lack of knowledge and/or understanding. I just ask that you give it some thought and encourage all those Brothers/Sisters that you influence, or come in contact with, to do the same.
You can view informational articles about the Flexible Spending Account plan on the ND website at www.ble-t.org. If you have any questions, feel free to contact me and I will do my best to get them answered.
Fraternally yours,
Warren Dent
Friday, October 03, 2008
FRA clamps down on use of electronic devices
CLEVELAND, October 3 — In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.
Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees’ use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.
The uses of electronic devices that are restricted by the Emergency Order include:
· the use of a mobile telephone or another electronic or electrical device to conduct an oral communication;
· placing or receiving a telephone call;
· sending or reading an electronic mail message or text message;
· playing a game;
· navigating the Internet;
· playing, viewing, or listening to a video;
· playing, viewing, or listening to a television broadcast;
· playing or listening to a radio broadcast other than a radio broadcast by a railroad;
· playing or listening to music;
· executing a computational function; and
· performing any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task.
All personal electronic devices — electronic devices not supplied by the railroad — must be turned off and any electronic earpieces must be removed while a train is moving; the only exception is that, when radio failure occurs, wireless communication devices may be used in accordance with railroad rules and instructions. Personal electronic devices also must be turned off with electronic earpieces removed when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train (e.g., during an air brake test). Operating employees may not use personal electronic devices for any purpose other than voice communications.
The use of a railroad-supplied electronic device by a locomotive engineer (including a remote-control locomotive operator) is prohibited while the train is moving or when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train. An operating employee other than a locomotive engineer may use a railroad-supplied mobile telephone or remote computing device in the cab of a locomotive for an authorized business purpose, after a safety briefing, provided that all assigned personnel on the crew agree that it is safe to do so.
A railroad operating employee may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. However, use of the device shall not excuse the individual using the device from the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad''''''''s operating rules and special instructions.
For freight train crewmembers, a railroad operating employee may not use a railroad-supplied electronic or electrical device for an approved business purpose while on duty outside the cab unless the following conditions are met: (1) the employee is not fouling a track; (2) no switching operation is underway; (3) no other safety duties are presently required; and (4) all members of the crew have been briefed that operations are suspended.
The Emergency Order does not restrict an operating employee from using the digital storage and display function of a railroad-supplied electronic device to refer to a railroad rule, special instruction, timetable or other directive. In addition, operating employees may use wireless communication devices as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing duties for the railroad.
In addition to being subject to discipline or dismissal for violating a railroad operating rule governing the use of electronic devices, willful violation of the Emergency Order could subject the violator to a substantial civil penalty. FRA also could move to disqualify a violator from performing safety-sensitive service temporarily or permanently.
BLET National President Ed Rodzwicz endorsed the Emergency Order on behalf of BLET members. "We applaud the NTSB for bringing this information forward promptly, and the FRA for acting quickly," Rodzwicz said. "Sadly, the use of electronic devices has literally become a life and death issue for all operating employees and compliance with the Emergency Order must be absolute," added Rodzwicz.
Click here to view or download FRA Emergency Order 26 in PDF format (30 pages):
http://www.ble-t.org/pr/pdf/FRAEmergencyOrder26.pdf
Sunday, September 21, 2008
FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"
From: Tolman, John [mailto:
Sent: Sunday, September 21, 2008 9:56 AM
To: _NDOfficers; _Legislative Chairmen US GCA; _General Chairmen US GCA; _SpecialReps; _GIA; _ExecStaff
Subject: Spam:***, FW: Joe Biden in
Brothers and Sisters
Now you know why he selected Senator Biden, our friend.
Frats
John
John P. Tolman
Vice President and National Legislative Representative
Brotherhood of Locomotive Engineers and Trainmen
http://my.barackobama.com/page/community/post/obamaroadblog/gGg4pG
Wednesday, September 17, 2008
Flexible Spending Account will provide real savings
A partial list of items that qualify for this type of payment includes: Doctor co-pays; Drug Co-pays; Dental Co-pays or other dental expenses not covered in our dental plan; Vision Co-pays or additional cost for eye care not covered under the national plan; and Over the counter medications, such as cold medicine, decongestant medicine, aspirin, Tylenol or their generic brands.
At the Union Pacific Railroad, Southern Region General Chairman Gil Gore is a staunch supporter of the program. He encourages all BLET members to sign up.
“I have a personal experience with the medical portion of the FSA,” Brother Gore said. “The program has helped tremendously with braces and other major dental work for my children not covered by our health insurance.”
Brother Gore gave braces and orthodontist work as an example. He said the FSA could really help BLET members who have children save money.
“If you have some major dental work scheduled (such as braces for your kids) up to $3,600 of that expense can be paid with pretax dollars,” he said. “If you are in a 25%–33 % tax bracket, that amounts to as much as a $1,200 reduction in the federal taxes that you pay.
“We planned ahead to have our children’s dental work done at the proper time to get maximum benefit from the plan,” he said.
In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.
Just like 401k contributions are automatically deducted from your paycheck, membership contributions to the Flexible Spending Account are withheld from your paycheck. Your contributions to the plan are spread out over 12 monthly payments (in other words, if you elect the 2008 maximum of $3,600, then you would place $300 per month into your Flexible Spending Account). If you elected the 2008 minimum of $120, then you would have $10 per month deducted from your pay and placed into your Flexible Spending Account. You can receive payment from the account when you present a bill via a claim form. You must furnish receipts to be reimbursed for the expense.
“It also allows you to pay for all of your co-payments on doctor visits and for prescription medicine,” Brother Gore said.
Additionally, some over the counter medications can be paid for using the Flexible Spending Account. United HealthCare has provided a list of medications that it will reimburse under the Flexible Spending Account:
http://www.ble-t.org/pr/pdf/OTCMedFSA.pdf
The plan also has a “use it or lose it” provision. For example, if you sign up for $2,000 in flex spending deductions and only have expenses equal to $1,900, then you would only be able to collect $1,900 of the $2,000 you put into your account. But if you were in a 33% tax bracket, that would still net you $533 in savings for the year ($633 tax savings minus the $100 left in the account = $533 net savings).
“While I know the ‘use it or lose it’ function of the plan can be scary, you can easily meet the minimum deduction of $120 for the year just on over the counter medications, which would yield you a net savings of $40 for the year if you were in a 33% tax bracket,” Brother Gore said. “My wife and I have put the maximum in her flex spending account for the last eight years and been able to provide receipts to receive a total refund every year.
“Our over the counter medicine for our family in the year 2006 came to $217. If you are on maintenance medications this program can put real dollars into your pocket allowing you to pay your co-pays with pretax dollars.”
Side Letter 8 of the 2007 BLET National Agreement stipulates that the BLET must reach at least 5% participation by the year 2009 in order to retain this benefit. This is a big reason why the BLET is strongly encouraging its members to participate in the Flexible Spending Account program.
“This is a benefit that will put real dollars into your pockets and I encourage you all to enroll at an amount you are comfortable with to see how the plan works,” Gore said.
Enrollment opportunity for the Flexible Spending Account (FSA) should arrive in your mailbox soon from United HealthCare.
Tuesday, September 16, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4693
1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org
Friday, September 12, 2008
Conference Call Following Hurricane IKE 3pm Daily Until Further Notice
Brothers and Sisters
We are going to conduct a daily 3pm conference call beginning on September 12, 2008 to discuss the status of the railroad and assess the damage to our membership. Please contact your Local Chairman to secure the conference call dial in information so that you can participate in this resource provided by your General Committee.
Fraternally,
Gil Gore
Friday, August 29, 2008
2 Dead, 1 Hurt In Train Crash Near Medford
Brothers,
It is with a heavy heart that I bring news to you that one of our Engineers BLET Div 523 member Richard Pendarvis and UTU Conductor Larry Williams were killed in a crossing accident when their train colided with a propane truck. Brother Pendarvis was 52 years old and orignally hired on with Union Pacific in 1999. Brother Williams was 53 and hired on with Union Pacific in 2002.
Please keep the Pendarvis and Williams famlies in your thoughts and prayers.
Below is a link to some news coverage of the incident.
Fraternally,
Gil Gore
. http://www.koco.com/news/17334888/detail.html
Tuesday, August 26, 2008
DRUG TESTING FINAL RULE POSTPONED UNTIL NOVEMBER 1, 2008 - COMMENTS DUE BY SEPTEMBER 25, 2008
Brothers,
The attached was published in today’s Federal Register. In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) direct observation of follow up drug tests from August 25, 2008, to November 1, 2008.
To see an online version of this document Click HERE.
Fraternally,
Gil Gore
SUMMARY: In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) from August 25, 2008, to November 1, 2008. The Department is also requesting comments concerning the content of § 40.67(b) for 30 days. This section of the Department’s drug testing procedural rule requires employers to ensure that all follow-up and return-to-duty drug tests are directly observed.
DATES: The effective date of the revision of 49 CFR 40.67(b) published June 25, 2008 (73 FR 35970) is delayed from August 25, 2008, to November 1, 2008. Comments should be submitted by September 25, 2008.
See document for ways to deliver comments on this issue the DOT.
Monday, August 25, 2008
DOT delays mandatory direct observation regulation to November 1
http://www.ble.org/pr/news/newsflash.asp?id=4682
from August 25 to November 1 a new regulation that would subject employees
to mandatory direct observation during drug tests conducted when a
transportation worker returns to work after a positive drug test and
during follow-up drug tests.
The current DOT regulation, which will remain in effect for the time
being, requires direct observation of urine collection only after an
invalid test, and is discretionary during return-to-duty and follow-up
tests.
DOT has not delayed implementation of a related requirement that would
subject workers to a "strip search" in those situations when a direct
observation will be made. Section 40.67(i) states as follows:
"As the observer, you must request the employee to raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower
clothing and underpants to show you, by turning around, that they do not
have a prosthetic device. After you have determined that the employee does
not have such a device, you may permit the employee to return clothing to
its proper position for observed urination."
It is expected that the postponement will be published in the August 25
Federal Register. Also, the DOT will open a 30-day public comment period,
during which time interested parties may comment on whether direct
observation should be mandatory in all return-to-duty and follow-up tests.
In mid-August, the BLET along with seven other rail unions and the BNSF
Railway, filed a lawsuit challenging both aspects of the new regulation on
the grounds that they violated the Fourth Amendment of the
Constitution, which protects citizens from unreasonable searches. The
joint petition for review was filed in the United States Court of Appeals
for the
---
This message was sent by the BLET NewsFlash Service.
To unsubscribe, go to http://www.ble-t.org
Thursday, August 14, 2008
Unions challenge DOT’s “strip search” regulation
Trainmen, along with seven other rail unions and the BNSF Railway, has
filed a lawsuit challenging a new Department of Transportation (DOT)
regulation that would subject employees to a “strip search” during
mandatory drug tests.
The DOT regulation, which would become effective August 25, requires
railroads to directly observe urine collection in all federally-mandated
drug tests involving either a return-to-duty after a positive or invalid
test, or a follow-up test conducted after a positive or invalid test.
Prior to directly observing the specimen donation, the collector also
would be required to subject the worker to a “strip search,” because the
new regulation states as follows:
“As the observer, you must request the employee to raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower
clothing and underpants to show you, by turning around, that they do not
have a prosthetic device. After you have determined that the employee does
not have such a device, you may permit the employee to return clothing to
its proper position for observed urination.”
The DOT’s “strip search” regulation is being challenged, in part, on the
basis that the mandatory strip searches and observations violate the
prohibition against unreasonable searches contained in the Fourth
Amendment to the United States Constitution. In addition, review is being
sought to determine whether DOT complied with the rule making process of
the Administrative Procedures Act.
BLET National President Ed Rodzwicz blasted the new regulation.
“Forcing a railroad worker to submit to an embarrassing and humiliating
strip search and observed collection without reasonable suspicion is an
outrage,” he said.
Other unions participating in the lawsuit include: the Brotherhood of
Maintenance of Way Employes Division; American Train Dispatchers
Association; Brotherhood of Railroad Signalmen; Transportation
Communications International Union; International Brotherhood of
Electrical Workers; National Conference of Firemen and Oilers; and United
Transportation Union.
In a statement, the BNSF Railway Executive Vice President Carl Ice said:
“There is absolutely no tolerance for alcohol or drug use in our
workplace. But we also believe that our employees are entitled to be
treated with dignity and respect at the workplace, and this new regulation
is an intrusion on employees.”
President Rodzwicz said that if this regulation had been in effect since
FRA began keeping these statistics, almost 21,000 unnecessary strip
searches and direct observations would have been required, “needlessly
humiliating over 99.97 percent of all those required to submit to
return-to-duty or follow-up testing.”
President Rodzwicz also said there is no reason to justify the DOT’s
overly harsh and humiliating regulation.
“There is no documentation whatsoever of adulteration or substitution of a
return-to-duty test in the railroad industry, and not one of the nearly
11,000 return-to-duty and follow-up tests conducted in 2006 and 2007 were
invalidated because of adulteration or substitution,” President Rodzwicz
said.
The joint petition for review was filed on August 13 in the United States
Court of Appeals for the District of Columbia Circuit. The Court of
Appeals is expected to issue a schedule for conducting its review shortly.
Monday, July 21, 2008
Flexible Spending Account enrollment begins in October
The benefit has been in place on the Burlington Northern-Santa Fe property for some time, so BLET National Vice President Dennis Pierce is familiar with the FSA program.
“With three children at home, two wearing glasses and two wearing braces, I dedicate money to my FSA every year and have never left any money in the account,” Pierce said.
The benefit is new to BLET members working under the National agreement.
“What many members should know is that the Flexible Spending Account allows engineers to use pretax dollars to pay for covered medical expenses and covered childcare expenses that they would otherwise pay for with after tax dollars,” Vice President Pierce said. “The end result is that all money dedicated to the FSA is treated like any other income tax deduction or 401k contribution; it lowers the engineer’s taxable income at the end of the year. For every dollar put in the FSA, most engineers will save at least 25 to 30 percent of those dollars in tax liability that can then be spent on covered expenses.
“Covered medical expenses include prescription co-pays, Doctor visit co-pays and deductibles, costs for braces, glasses and contact lenses not covered by insurance, as well as many every day ‘over the counter medications’ like Tylenol and Maalox,” Pierce said.
BLET National President Ed Rodzwicz stressed the importance of membership participation in the Flexible Spending Account during his welcoming address at the Eastern Union Meeting Association convention on July 7.
“It uses pre-tax dollars and members will realize significant savings,” President Rodzwicz said. “It works for you and it saves you money. Please take advantage of this plan — it’s a great benefit for our members.”
However, the benefit will be lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to sign up once open enrollment begins.
Open enrollment begins each year in October for the following year and a form is available to calculate each member’s predicted medical expenses for that year.
Members will be able to choose to participate in one of two programs:
• The first program, Health Flexible Spending Arrangement (Health FSA), allows members to use tax-free dollars to pay for health care benefits such as the following: doctor co-pays; drug co-pays; dental co-pays or other dental expenses not covered in our dental plan; vision co-pays or additional eye care not covered under the national plan; and over-the-counter medications (cold medicine, decongestant medicine, aspirin, Tylenol or their generic equivalent, etc…). The 2008 program offers savings of $120 to $3,600 per year, but the savings are subject to change in the upcoming benefit year.
• The second program, Dependent Care Assistance Program (DCAP), allows members to use pre-tax dollars for certain dependent care expenses, such as out-of-pocket dependent care expenses for childcare or care for physically or mentally handicapped dependants. The 2008 program offers savings of $120 to $5,000 per year, but the savings are subject to change in the upcoming benefit year.
More details will be provided when open enrollment begins. BLET members are encouraged to monitor the BLET website and newsletter for details regarding this money-saving plan.
Thursday, July 17, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4664
© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org
Thursday, July 10, 2008
FW: [BLET SR GCA E-mail Blogg] Modified Peer Trainer Agreement - New Rate Effecti...
New Peer Trainer Rate in effect on BLET UP Southern Region GCA Effective June 1, 2008 $250.00 per day for classroom training.
Effective July 1, 2008 the classroom rate goes to $282.73 per day
All other aspects of the agreement remain in tact as far as rates of pay and days of compensation. The 115% or classroom rate for field peer trainers remains intact.
Click HERE to view the agreement in PDF
Benefit rate increase for railroad unemployment and sickness benefits
(The U.S. Railroad Retirement Board issued the following on June 2.)
During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period. Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will, therefore, normally not be required to serve another waiting period because of the onset of the new benefit year.
To qualify for normal railroad unemployment or sickness benefits in the benefit year beginning July 1, 2008, an employee must have had railroad earnings of at least $3,075 in calendar year 2007, not counting more than $1,230 for any month. Those who were first employed in the rail industry in 2007 must also have at least five months of creditable railroad service in 2007.
Under certain conditions, employees with 10 or more years of service who do not qualify in the new benefit year on the basis of their 2007 earnings may still be able to receive benefits after June 30, 2008. Ten-year employees who received normal benefits in the benefit year ending June 30, 2008, might still be eligible for extended benefits, and ten-year employees may be eligible for accelerated benefits if they have rail earnings of at least $3,200 in 2008, not counting earnings of more than $1,280 a month.
Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board (RRB) office, or the agency’s Web site at www.rrb.gov. Also, as an alternative to applying for unemployment benefits through the mail, unemployment claimants can instead file applications online. Likewise, subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail and employees can also access information about their individual railroad unemployment insurance account statements online. These account statements provide a summary of the unemployment and sickness benefits paid under the Railroad Unemployment Insurance Act to rail employees.
To access these online services, employees must first establish an RRB Internet Services account. For security purposes, first time users must apply for a Password Request Code, which they will receive by mail in about 10 business days. To do this, employees should click on “Benefit Online Services” and select “request a PRC.” Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet. Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services. Employees who have already established online accounts do not need to do so again. Although claimants cannot currently file applications or biweekly claims for railroad sickness benefits over the Internet, the RRB is planning to add the online filing of sickness claims in the future.
Claimants with questions about unemployment or sickness benefits should contact the nearest RRB office. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.
Claimants can find the address and phone number of the RRB office serving their area, and also get information about their claims and benefit payments, by calling the toll-free RRB Help Line at 1-800-808-0772. The RRB Help Line is an automated telephone service available 24 hours a day, 7 days a week. Field office locations can also be found by visiting www.rrb.gov.
Wednesday, June 04, 2008
bentley@ble.org
http://www.ble.org/pr/news/headline.asp?id=22402
© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org
Wednesday, June 18, 2008
FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.
From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Wednesday, June 18, 2008 3:07 PM
To: All Local Chairmen BLET UP Southern Region
Subject: FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.
Brothers,
For your information I have attached some information received from our VP Lee Pruitt on benefits for active military personnel. Click HERE to view this information in PDF.
If you have any questions, please feel free to contact me.
Fraternally,
Gil Gore
From: Lee Pruitt
Sent: Wednesday, June 18, 2008 2:55 PM
Subject: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.
Dear Sirs and Brothers:
The attached file is an overview of the “Heroes Earnings Assistance and Relief Act (HEART) of 2008. I am sure that most of you are asked questions concerning pay and benefits for our members while performing their military commitments and on a military leave of absence. Some employers may in fact provide more than HEART requires however this law was enacted in June 2008 and is provided to all of you for your information and files. Please feel free to disseminate this information as you see fit.
Fraternally,
E. L. Pruitt
BLE-T
Vice President
This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged. This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any file attachments is strictly prohibited. If you have received this email in error, please immediately notify us by reply email to the sender. Please delete this email and its attachments from your system and do not retain any copies.
Friday, June 06, 2008
DOT Warning On Use of Anti-Smoking Drug Chantix
From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Friday, June 06, 2008 12:14 PM
To: All Local Chairmen BLET UP Southern Region
Subject: FW: Chantix
Brothers,
Please review the link below for information from the ND regarding the use of the anti-smoking drug Chantix. Please distribute this information to all members on your electronic e-mail list.
Please Click HERE to view and PDF copy of the Memorandum.
Thanking you in advance for your cooperation, I remain.
Fraternally,
Gil Gore
From: Pontolillo, Tom [mailto:pontolillo@ble-t.org]
Sent: Friday, June 06, 2008 11:59 AM
To: _NDOfficers; _General Chairmen US GCA; _Legislative Chairmen US GCA; _ExecStaff
Cc: Policy, Kathleen; Bentley, John; Magrath, Erin
Subject: Chantix
Brothers,
A short while ago we received the attached copy of a Memorandum from the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance to the Drug and Alcohol Program Manager of the Federal Railroad Administration’s Office of Safety. The Memorandum concerns the anti-smoking drug Chantix, and states, in pertinent part, as follows:
The U.S. Department of Transportation reminds all transportation industries of the potential threat to public safety caused by the use of the anti-smoking drug Chantix. A recent independent study spoke of possible links to seizures, dizziness, heart irregularity, loss of consciousness, vision problems, diabetes, and more than 100 accidents. As a result, we strongly urge all transportation industry employers to include in their employee training materials appropriate information to address this issue. We also encourage employers to reiterate with their employees the need to report use of such medications when required by applicable DOT regulations or by company policies.
The Federal Aviation Administration has banned the use of Chantix by pilots and air traffic controllers, and the Federal Motor Carrier Safety Administration has urged medical examiners not to certify a commercial driver who uses this drug.
It would be greatly appreciated if General Chairmen and State Legislative Board Chairmen would distribute electronically this to Local Division officers under their jurisdiction if they have the capacity to do so.
Fraternally,
Thomas A. Pontolillo
Assistant to the President and Director of Research
Brotherhood of Locomotive Engineers and Trainmen
