MINNEAPOLIS – A Hennepin County jury has awarded a former Burlington Northern Santa Fe conductor more than $2.6 million for emotional damage suffered in a Fridley derailment two years ago.

Sean Nelson won the verdict after a two-week trial and four hours of deliberation earlier this month.

Read the complete story at The Republic.

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Szabo

The following are Federal Railroad Administrator Joseph Szabo’s opening remarks to those attending the 50th meeting of the Railroad Safety Advisory Committee (RSAC) in Washington on Oct. 31, 2013.

Today marks the end of a stressful month. The government shutdown forced us to put a lot of important work on hold. And since it ended, we’ve had a lot of catching up to do. 

So let me thank my FRA staff for catching up so fast so that the RSAC could meet this week as planned. 

As I said at the emergency RSAC meeting two months ago, we have a very important job to do. 

The accident in Quebec took 47 lives. And at our last meeting, all of us saw the unforgettable images of a town that was decimated.

 Given the depths of the devastation, given the tremendous increase in crude oil and ethanol being moved by rail, and given our shared desire to prevent a similar accident from happening in the United States, we owe the public both decisive action and a thorough re-examination of relevant regulations and industry practices. 

We must also acknowledge that, since we last met, there was another accident in Canada – this one involving the derailment of four rail cars carrying crude oil.

The crude oil did not originate in the United States – and the damage was much less severe.

But it still serves as a reminder that we must we must do everything we can to prevent similar accidents from occurring in the United States.

This is why we are here. 

FRA’s first decisive action after the accident in Quebec was to issue an Emergency Order. This required railroads to take immediate steps within 30 days to prevent trains on mainline tracks or sidings from moving unintentionally. 

And to begin our overall re-examination, we issued a Safety Advisory with our sister agency, the Pipeline and Hazardous Materials Safety Administration.

Our Safety Advisory recommended additional ways railroads can further reduce risk in our complex, interconnected rail system – and through those efforts, further strengthen the safe transportation of passengers and freight, including hazardous materials, by rail.

At our Emergency Meeting, we began an honest discussion about these recommendations. The RSAC also agreed to accept task statements related to train securement, to hazardous materials, and to train crew size.

So let me thank you for your hard work on these tasks over the past three months, and especially those who attended the working group meetings the past three days. 

There is no going back. Ensuring continuous safety improvement demands that we stay focused, we meet our April deadline, and we finish the job.

To be clear, we are not here because our rail system is unsafe – or because accidents of trains carrying hazardous materials are widespread.

Our rail system is extremely safe.

As I have said repeatedly, 2012 – by virtually all measures – was the safest year in railroading history, with train accidents down a remarkable 43 percent in 10 years. 

And among the millions of annual shipments of hazardous materials by rail, less than a fraction of one percent of these has resulted in any type of release. 

But this is exactly why we must remain vigilant. 

Being satisfied with the progress made to date is simply not the mindset that has led us – or will continue to lead us – to higher levels of safety. 

A new milestone achieved in safety is merely an invitation to do better. 

The safety statistics of the MM&A before Lac Megantic did little to show an impending accident. 

Yet with a thorough risk analysis it becomes clearer where pockets of risk were evident. 

It presents a challenge to go beyond the statistics, to do thorough risk analyses, and to add the safety redundancy that takes away single points of failure. 

But, this is how we will achieve the next breakthrough in safety, and get better at addressing accidents before they happen. 

This is what we are committed to. 

This is why we are here. 

The safest year in railroading history did not happen by mistake.

Many of you in this room and many of your predecessors helped guide us there. 

And it never would have happened without stringent regulations and enforcement; without extensive industry guidelines, practices, and testing; or without a well-trained and committed workforce. 

But the RSAC’s job now is to set aside any assumptions. Your charge here is to look at everything with a fresh set of eyes. 

For the tasks related to hazardous materials and securement, this means a thorough reconsideration of existing regulations – and industry practices: from guidelines, to training, and efficiency testing. 

And the goal is simple. 

We must identify how regulations and practices can be improved. And if there are any gaps, we must find common sense ways to close them. 

So far, the industry has shown us it is willing to move forward. 

On September 30th, I sent letters to the Association of American Railroads, the American Public Transportation Association, and the American Short Line and Regional Railroad Association. And the letter informed them that we were starting a web page to keep the public informed about their progress in implementing recommendations in the safety advisory. 

In the letter, I asked the organizations to summarize the steps their members have taken to address our recommendation. And all three organizations – within weeks – responded with descriptions of their recent actions. 

We posted our letters and the responses on the web page. And the industry associations will receive letters from us with additional questions very soon. 

Our plan is to keep this page updated so we can have a public, transparent conversation. 

Another project dovetailing with the work moving forward in the RSAC is what we’re calling Operation Classification. 

This is a joint inspection operation we launched with the Pipeline and Hazardous Materials Safety Administration in the Bakken region to verify that crude oil is being properly classified in accordance with federal regulations. 

We are making sure that the testing to determine its classification is being done, while also analyzing the effects of corrosion in tank cars. 

Collected samples are still being tested. And our goal, ultimately, is to establish best practices for the classification of hazardous materials. 

Like us at the FRA, the Pipeline and Hazardous Materials Safety Administration – as Administrator Cynthia Quarterman said at the emergency meeting – is determined to use all means necessary to prevent a tragedy on par with what happened in Canada here in the United States. And they remain a vital partner for the FRA as the RSAC’s efforts move forward. 

It is important to understand that our sister agency writes the regulations governing the safe movement of hazardous material by rail. We in turn enforce them.  

And it’s with your input that we’ll recommend to them if current hazardous material regulations need to be revised or expanded. 

With securement, the task is very similar – except the regulations are FRA’s. 

We are relying on you to thoroughly review both the adequacy of the regulations in place – and particularly how well these regulations are understood and followed. And we are relying on you to help us add more clarity to securement practices, and help us better understand what are truly the most effective practices for securing a train. 

We are also asking you to take a hard look at the issue of train crew size. 

As we have said from the beginning, FRA believes safety is enhanced through the use of multiple-person crews. And while we want this to continue being a robust conversation that recognizes the nuance of railroading, two days ago Bob made our position very clear: The starting point for our discussion is mandating multiple-person crews. 

Now, this does not mean we are seeking to impose a single one-size-fits-all approach. 

And as I’ve said before, this cannot be viewed as a job security measure. 

So, while we believe that multiple-person crews enhance safety and eliminate risk from our vast rail network, we also believe there are instances in which multiple-person crews may not be necessary. 

The starting point for our conversation is to identify what these exceptions should be. 

We’re relying on you to help us with this and I believe that no other group is more qualified – or more capable – of identifying the proper exceptions than you. 

The public is counting on us to make timely progress. 

So, let’s have this conversation and meet the April deadline.

And let’s seize this opportunity to build upon the comprehensive safety framework that made last year the safest in railroading history. 

This is why we are here. 

Thank you very much.

Previsich
Previsich

While politicians can’t agree on much, Iowans and the majority of Americans surely agree on one thing: They want more Amtrak service, not less.

On the heaviest traveled passenger rail corridor in the nation, the Northeast Corridor, Amtrak keeps breaking ridership records. But the untold story is that in a large swath of less-traveled rail corridors in middle America, including Iowa, people want Congress to keep investing in and expanding Amtrak service.

It is time for Congress to listen and stop pursuing risky defunding and private contracting schemes.

Amtrak recently reported that its trains carried a record 31.6 million passengers last year, up from 20 million in 2000. And ridership on the California Zephyr and Southwest Chief lines, which traverse Iowa across southern counties, also saw a healthy spike in ridership.

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Wytkind

No wonder a new poll of Iowans conducted by St. Paul, Minn.-based DFM Research shows that more than seven out of 10 residents in Polk County and the southwestern counties of the state want to increase federal government investment in Amtrak, or at the very least keep it the same.

So why are some in Congress constantly pointing to federal spending on Amtrak as wasteful?

If members of Congress listen, they will hear a message loud and clear on an issue that is a vital part of every American’s life. Whether they live in red or blue states, in crowded cities or rural areas, in southwestern Iowa or in Polk County, are Republicans or Democrats, old or young, Americans want to ride Amtrak.

In Iowa’s 3rd Congressional District that encompasses Des Moines, the message couldn’t have been any clearer. Among Democrats, the keep-or-increase percentage rises to 87 percent, while 64 percent of independents agree and a hefty 59 percent of Republicans agree.

Even among those who have not ridden Amtrak in recent years, 72 percent want to keep or increase the passenger railroad’s federal funding.

These findings aren’t limited to Iowa. In six middle-America states — Iowa, Illinois, Indiana, Colorado, Kansas and Missouri — 70 percent of the people say they want more Amtrak service, and they want the government to fund it.

In other words, Amtrak isn’t a blue state thing or a red state thing. It is an American thing.

Tens of thousands of Iowans who value their Amtrak service are increasingly taking the train each year and seek more connections to cities such as Chicago. The business community has joined the choir as well, understanding that passenger rail expansion is good for business and job creation. And for good reason: For every $1 Iowa spends in this sector about $4 is injected back into the state’s economy.

This is a no-brainer during the still anemic economic recovery.

Members of Congress need to get that message, and get it fast, as they prepare to rewrite the law that governs and funds Amtrak and that will decide who in Iowa and other parts of middle America will get to keep their service or ride new train service.

Americans’ appetite for Amtrak service is growing regardless of their political views. This train has long left the station, and the American public is on board.

The preceding column was co-authored by SMART Transportation Division President John Previsich and AFL-CIO Transportation Trades Department President Edward Wytkind. It was published Oct. 28 by the Des Moines Register.

In a rare display of bipartisan functionality on Capitol Hill, the House Transportation & Infrastructure Committee Panel on 21st Century Freight Transportation has released its final report on the current state of freight transportation in the U.S. and its recommendations for freight transportation improvements to strengthen the national economy.

To “safely and efficiently meet the needs of freight movement in the 21st century,” the Freight Panel recommends that Congress should:

Read the complete story at Railway Age.

WASHINGTON – Social Security benefits for nearly 58 million people will increase by 1.5 percent next year, the government announced Wednesday.

The increase is among the smallest since automatic adjustments were adopted in 1975. It is small because consumer prices haven’t gone up much in the past year.

Read the complete story at the Associated Press.

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Boardman

The Northeast Corridor is a national transportation asset and Congress should stop taking it for granted, Amtrak President and Chief Executive Officer Joe Boardman told a Senate committee yesterday.

The corridor is aging, failure prone and lacks redundant systems to keep it operating in the event of failure, Boardman told the Senate Commerce, Science and Transportation Committee, which met in Bridgeport, Conn., yesterday to discuss the causes of a recent power failure on MTA Metro-North Railroad’s New Haven Line.

Read the complete story at Progressive Railroading.

Transportation unions want new regulations for train crews and bus drivers. 

The Transportation Trades Department, AFL-CIO Oct. 29 endorsed potential federal mandates to require at least two crew members on all U.S. freight trains, protect bus drivers from physical assaults and make sure they are paid overtime when they work more than 40 hours a week.

Read the complete story at The Hill.

Calvin Studivant
Calvin Studivant

First Student Bus Company/William Penn School District in Darby, Pennsylvania went to arbitration against the SMART Transportation Division and lost. Representing SMART TD was Bus Department Alternate Vice President Calvin Studivant who went to bat for local 172.

Studivant didn’t do it alone; he had help from General Chairperson Theresa Costantini, Vice Local Chairperson Denise Hall and Local 172 Secretary Kathleen Sitongia along the way. Both Costantini and Sitongia testified in the case against First Student.

“First let me say this case was very important. We arbitrated this case on July 30th which caused me to miss the regional in Anaheim,” Studivant said. “Prior to arbitration we had done mediation and the mediator had informed the company that they were wrong, but since mediation was not binding we pursued it through arbitration. I was the presenter of the union’s case and all the aforementioned were witnesses that together hold over 70 years of experience, therefore I was very confident in the case that we presented.”

Arbitrator Thomas G. McConnell Jr., found that the company was in violation of the Collective Bargaining agreement and ordered the bus company to pay it’s employees back-pay.

“I am ecstatic that we prevailed because it represents a substantial amount of money in back wages and wages going forward,” Studivant exclaimed. “First Student delayed us as long as they could but we refused to be denied. It took a year to hear the case and get an award but the victory was worth the wait.”

According to Costantini, Sitongia and management, members could bid on runs based on the run and the time it took to do the runs. Up until 2012 (the union has had a contract with the bus company since 2008, the most recent contract voted in lasts from 2011 to 2014), members were always paid by the estimated time listed on the job plus any extra time it took to do the run.

If a job was estimated to take two hours and 20 minutes but only took two hours, the member would be paid the two hours and 20 minutes that he or she bid on. If it took the driver two hours and 30 minutes, the driver would be paid the full two hours and 30 minutes.

In 2012, it was decided by management, without union approval, that members would be paid the actual time it took to do the job rather than the estimated time. According to this new policy, the member would only get paid for the two hours instead of the two hours and 20 minutes.

Members choose their runs based on seniority and have two concerns when choosing a run:

  1. How much will I be paid?
  2. When will I get home?

When First Student changed the way drivers are paid, this negatively impacted the seniority system and made these questions null because drivers could no longer have a guarantee of how much money they would be making per run.

Management of the company admits that no dry runs are ever done to determine the estimated times and that the company relies on VersaTrans system to estimate the times for them. VersaTrans is a software routing system that defines a bus route based on parameters put in by the District, including bell times and location of the schools. The VersaTrans system then provides an approximate time of how long the run will take.

Although the contract states that hours stated for a job are estimates and not exact times and that hours are not guaranteed, the contract does not state that actual times instead of the estimates would be used for payroll purposes.

McConnell found that since the company had followed the practice of paying the drivers by estimated times throughout the 2008-2011 contract the company would need to have negotiated a contract change in the 2011-2014 contract as precedence had already been set, which they did not do. It was therefore found that the company violated the collective bargaining agreement and was directed to return to their prior practice of paying by times estimated and not by actual time. The company was also ordered to pay members any lost wages due them.

“I would like to thank GC Theresa Costantini along with secretary Kathy Sitongia who kept meticulous records and chairperson Denise Hall,” Studivant said.

Click here to read the full arbitration award.

NTSB_logoOn Monday, Deborah Hersman was sworn in to serve a third two-year term as chairwoman of the National Transportation Safety Board (NTSB).

Chair since 2009, Hersman was nominated for a third term by President Barack Obama on Aug. 1 and the nomination was confirmed by the Senate on Oct. 16. Her term as chair expires on Oct. 15, 2015, and her five-year term as a NTSB member expires on Dec. 31, 2018.

Read the complete story at Progressive Railroading.

CN_red_logoA CBC News investigation has unearthed allegations that suggest CN Rail has routinely under-reported minor derailments and misrepresented its yard efficiency measurements across Canada and the U.S.

The CBC probe was prompted by a whistleblower lawsuit launched in the U.S. by former CN employee Tim Wallender who claims in court documents that CN covered up derailments and cooked up statistics at its Memphis, Tenn. yard to bolster the company’s efficiency ratings.

Read the complete story at Yahoo News Canada.