Brothers and Sisters:

The membership of our union spoke through their delegates last August and chose a new team to lead us forward in these challenging times for labor unions.

We accept that challenge and pledge today — as we pledged in August — to move the United Transportation Union forward with the sole objective of protecting member jobs and improving wages, benefits and working conditions.

We pledge also to make this union all-inclusive, which means encouraging full and open debate and respecting all viewpoints as we strive for consensus decision making.

We take office during an especially difficult time. Strong anti-union forces exist in the White House and control many of the regulatory agencies that make rulings affecting workplace issues.

Similarly strong anti-union forces retain influence in Congress, where our friends have only a razor-thin majority in the Senate. The carriers have been emboldened by these forces, which makes contract negotiation and grievance resolution time-consuming and extremely difficult.

Within our union, we face a difficult task related to a merger with the Sheet Metal Workers, whose implementation was temporarily halted by a federal court on the grounds that crucial information was withheld from the UTU membership.

That merger was a shotgun wedding, and regardless of what was said or done in previous months, the fact is — as validated by a federal court — that members did not have sufficient information to make an informed decision. In fact, it was revealed that some of the representations made to the membership were incorrect or distorted.

Shotgun weddings make for good movie comedy, but have no place in the real world of union mergers. As Dear Abby has always counseled, “If a marriage is right for the right reasons, and is one that can and will endure, the marriage can wait until next week, next month or next year.”

It is time for the UTU membership to determine if we want and need a merger. Any merger proposed should be governed by conditions acceptable and beneficial to our members, as well as to the other union and its members.

To do this, it is appropriate to hold old-fashioned shoot-outs that bring the principals of all potential partners to various locations and allow the membership to question them. A union merger should not be negotiated in secret and sprung on the membership with a ballot attached.

So let’s catch our breath.

The UTU is financially solvent, and changes are underway to improve further our financial stability.

Moreover, we possess one of the most loyal, hardworking, diverse and union-knowledgeable memberships in North America, which means we have a lot to offer a potential partner. That partner similarly should have a lot to offer the UTU.

We will have more to say about this in the weeks ahead, and urge you to stay informed by going to www.utu.org on a daily basis, and signing up on the Web site for e-mail alerts.

We take very seriously your confidence in our ability to lead. We also take very seriously any advice you choose to offer, because a successful trade union requires checks and balances in the same manner as government and private-sector firms.

Let us hear from you, and thank you again for the confidence you have placed in our leadership abilities, as well as the confidence you exhibited in all the UTU officers you elected during the August 2007 convention.

In solidarity,

Mike Futhey, International President

President@utu.org

 Arty Martin , Assistant President

AsstPres@utu.org

Kim Thompson, General Secretary & Treasurer

GST@utu.org

By Dr. Norman Brown
UTU Medical Consultant

Baseball legend Mickey Mantle once joked, “If I had known I was going to live this long, I would have taken better care of myself.”

I wish more of us, including myself, would look into their crystal balls of the future and find themselves saying this old half joke to others, years from now. I want to try to convince you that your efforts today – no matter what your current age – will pay off for your own health and happiness in future years.

Some interesting scientific studies recently reported very significant facts:

  • People who exercise regularly land in nursing homes less often.
  • People who exercise and lose weight are less frail.
  • People who are more active physically are less at risk of Alzheimer’s Disease.

How do we get ourselves into life-style patterns of more exercise and less weight?

It is not easy, based upon my own personal experience and experience of working with thousands of patients over the years as they made the valiant effort.

There is another study worth mentioning – one of people working to lower their cholesterol levels. All were scanned with an electron beam that identifies cholesterol plaques in their arteries. Each was told of their cholesterol level before starting a program of diet and medication.

Those who had the most severe accumulation of cholesterol plaques were almost twice as likely to be faithful to their diets and medication as those with the least plaques.

Do you have to be frightened to stick to a blood-vessel healthy life style? Maybe, but I hope not – especially if you start early in life to become aware that putting undue stress on your body now may make life a lot less fun for you later.

Extra calories, particularly cholesterol-laden ones – and especially if accentuated by excess alcohol – put extra stress on your blood vessels and heart system, to say nothing of your bones and joints. Reducing the calorie intake and exercising are a huge benefit.

Now, a word about smoking. Leaving aside the risk of smoking triggering a cancer problem, we also know that smoking may affect the arteries. Many experts believe that the expected weight gain after stopping smoking is less harmful than smoking itself, so please think about this fact and stop if you can – and work on the weight later on. I know that many of you have already quit, so more power to you!

Many studies have shown that emotional stress, depression, or unhappiness in general may correlate with physical medical disorders – so-called psychosomatic diseases.

My goal for each of you is to work toward a healthy life in both body and mind – which are, in fact, inseparable.

Just the fact that you have taken the trouble to read, and get to the bottom of this column, tells me you are on the right path. So, keep it up. Your families need you to be as happy and as fit as possible for as long as possible.

FELA Update
By Mark Allen
Coordinator of UTU Designated Legal Counsel

The Federal Employers’ Liability Act (FELA) was enacted by Congress in 1908 to give railroad employees the right, under federal law, to recover damages from their employers for injuries occurring at work.

However, generally, there must be proof of negligence on the part of the railroad that caused or contributed to the employee’s injury. Simply put, this means that the railroad must exercise reasonable care for the safety of its employees. The railroad must provide its employees with a reasonably safe place to work. Its failure to do so is negligence.

The duty to provide a safe place to work includes the furnishing of safe tools and equipment, the selection of proper methods to do the work, the furnishing of sufficient help, and the adoption and enforcement of proper procedures. The railroad may also be negligent if it fails to adopt and enforce safety rules and practices, or by allowing unsafe practices to exist. The fact that unsafe practices and customs are standard in the industry is no defense.

An exception to the requirement for proof of negligence under FELA exists when an injury occurs because the railroad has violated either the Safety Appliance Act or the Locomotive Inspection Act.

The Safety Appliance Act relates to railroad cars and their safety devices and requires devices such as couplers, power brakes, grab irons, etc., to be free from defects. The Locomotive Inspection Act requires that the railroad keep its locomotives and tenders in proper and safe condition.

If the violation of either one of these laws causes injury to an employee, proof of negligence is not required and the railroad is strictly held at fault.

When you have a question about whether an action of the railroad was negligent that caused you injury or whether proof of negligence is required, contact a UTU Designated Legal Counsel. Go to www.utu.org and click on “Designated Legal Counsel” on the left side of the page; or ask your local union officers for the list.

FELA Update
By Mark Allen
Coordinator of UTU Designated Legal Counsel

I frequently hear about injured railroad workers who are confused by statements made to them by railroad claims department persons or supervisors that if they don’t see doctors chosen by the railroad, their medical bills won’t be paid.

Let’s be clear. You have the right to see a doctor of your own choice.

You have your own insurance plan and can submit payment for the medical bills to your own insurance carrier.

If some railroad official or claims-department person says, “We won’t pay the bills” unless you see a doctor of THEIR choice, it means simply that the claims department will not pay for it.

It does not prevent you from using your own insurance to see a doctor of YOUR choice.

In my experience, hurt workers often are sent to doctors or clinics that the railroad uses on a frequent basis. Many times, such doctors or clinics seem to be more interested in returning the injured worker back to the job than in doing a thorough diagnostic evaluation to determine what injuries the worker might have.

While a speedy return to work is a goal upon which we all can agree, it also is of great importance that a worker have confidence that his or her doctor will pay attention to the worker’s problems, and will make a sincere effort to find out what is causing the pain or symptoms before sending the worker back on the job.

No one wants to risk additional injury or aggravation because a doctor who cares more about getting referrals from the railroad rushes an injured worker back to the job too soon.

Don’t be misled by “we won’t pay for it” statements. If you are not satisfied with the railroad’s choice of doctors or if you don’t have confidence in them, take out your insurance card and go to the doctor of your own choice.

By Mark Allen
Coordinator of UTU Designated Legal Counsel

Railroad workers sometimes jokingly say they spend more time in vans than trains as railroads transport their workers using contract limousine services. As agents of the railroad, these companies may be held to the same legal standard as the railroad if their negligence causes injuries. It is therefore important to look for all details of the incident that might point to fault on the part of the van driver (i.e. eating or talking on a cell phone while driving).

But, what if the van driver is not at fault? Where the van driver is not at fault in causing the collision, there is NO claim against the railroad or the van service company to compensate the injured railroad worker for any injuries. The claim or lawsuit must be brought against the other driver who caused the collision. In this example, the rail-road worker usually makes his claim against an insurance company. Insurance companies for drivers usually limit the amount of coverage to a per-person and per-accident basis. So where another driver is at fault, the insurance coverage may be small and insufficient to cover all of the railroader’s expenses. Or, even worse, the other driver may have no insurance at all.

If a driver who hits a hired van is totally at fault but is not insured or is underinsured, the railroader may be required to look toward the van company’s uninsured/underinsured motorist policy or possibly the railroad worker’s own vehicular policy (if it has uninsured/underinsured provi-sions). There may also be off-track vehicle insurance by agreement between the UTU and the railroad that may pro-vide benefits, as well. It is worthwhile to review your own vehicle policy NOW to determine if it provides you with appropriate benefits for uninsured and underinsured motorist claims.

Contact a UTU designated legal counsel for specific advice on all injury questions. Go to www.utu.org and click on “Designated Legal Counsel” on the top of page under “About UTU”; or ask your local union officers for the list.

 

By Dr. Norman K. Brown
UTU Medical Consultant

“Doctor, I have this pain in the center of my chest, which feels like pressure or tightening. It starts when I am exerting myself or under stress, and subsides completely when I stop to rest for just a minute or two.”

I have heard this complaint many times over almost 50 years now. This is a classic description of what is called “angina pectoris” or “pain chest” — or “angina” for short. It is due to one or more narrow spots in an artery or arteries which supply blood to our heart muscle.

Despite the fact that our hearts contain blood all the time, each section of heart muscle derives its oxygen and nutrients from branches of this separate circulation called the coronary arteries.

Early in my medical practice, when I heard this story, I knew the diagnosis almost right away, and I would prescribe nitroglycerine to open the arteries partially during the pain.

But down deep in my own emotions, I knew that most such patients would be at risk of future heart attack(s), heart failure, and even death in coming months and years. Now fast forward 50 years and the treatment of this serious and often progressive condition has been totally changed, so I, and you, if diagnosed with angina pectoris, can be highly optimistic, even deep down.

Working hard to control weight, exercise, diet, smoking, high blood pressure and diabetes always helps and these efforts continue to be the preventive cornerstones in fighting this disease. But now, in addition, just in my medical lifetime, amazing new medications (for blood pressure, cholesterol, heart rhythm, blood clotting), operations (bypasses, angioplasties — stretching the arteries’ narrow spots with a catheter, stents — pieces of tubing which hold a coronary artery open), electrical stimulators (for rhythm problems — pacemakers, defibrillators) have been developed to change the entire effect of coronary heart disease on you and me as patients with this condition.

What do I recommend? I advise the same “blood-vessel-healthy” lifestyle efforts for stroke prevention (see my separate article on strokes on the “Health care” page of the UTU website at www.utu.org), plus a baby aspirin a day for most of us. Discuss this with your own physician.

I was so pleased to read in a recent issue of the UTU News about four UTU members’ New Year’s resolutions addressing smoking cessation. Keep it up! These are long-haul approaches. But what about the short term?

Please consult your doctor if you even think you are having pains something like the above-described angina. If such pains develop severely and/or suddenly, call 911 since the pain is telling you, and your doctor, that a portion of your heart muscle is suffering a lack of blood supply and urgent action may save that muscle, just as urgent action can save your brain tissue in the parallel reduced blood supply situation called a stroke.

Think about the arteries throughout your body as a transportation system for delivering supplies, oxygen and nutrients to your body. Just as high quality care of the rails helps to keep trains running efficiently and safely, so too your arteries will respond to the quality care you give them.

LOS ANGELES — When a Union Pacific freight train thundered into tiny Macdona, Texas, just before dawn June 28, the engineer and conductor had clocked more than 60 hours in the previous week, working the long, erratic shifts that are common in the railroad industry, according to this report by Dan Weikel published by the Los Angeles Times.

They flew through a stop signal at 45 mph and slammed into another freight train that was moving onto a side track. No one even touched the brakes.

Chlorine gas from a punctured tank car killed the conductor and two townspeople, while dozens of others suffered breathing problems and burning eyes as the toxic cloud drifted almost 10 miles. Hundreds were evacuated within a 2-mile radius of the accident.

Federal investigators suspect that both of the Union Pacific crewmen had fallen asleep. In the weeks before the crash, each man’s work schedule had at least 15 starting times at all hours of the day.

The Macdona crash illustrates a grim fact of life for thousands of engineers, brake operators and conductors who guide giant freight trains across the country: Exhaustion can kill.

Two decades after federal officials identified fatigue as a top safety concern, the problem continues to haunt the railroad industry, especially the largest carriers responsible for moving the vast majority of the nation’s rail-borne freight.

“Engineers and conductors sleep on trains. Anyone who tells you different is not being straight with you,” said Diz D. Francisco, a veteran engineer and union official who works out of Bakersfield for the Burlington Northern Santa Fe Corp.

Tired crews have caused some of the deadliest and costliest freight train wrecks of the last 20 years, a review of federal accident reports show. And although the government doesn’t track fatigue-related crashes, the number of accidents caused by human error has increased 60% since 1996, a surge that some safety experts suspect is at least partly the result of weary crews.

“We have been talking about the same issues for more than 20 years,” said William Keppen of Annapolis, Md., a retired engineer, former union official and past coordinator of Burlington Northern Santa Fe’s fatigue countermeasures program. “We made some progress in the 1990s, but the whole thing is starting to go to hell. People are dying out there. The risk is increasing again.”

National Transportation Safety Board records show that entire crews have nodded off at the controls of mile-long freight trains weighing 10,000 tons, some of them loaded with hazardous materials.

In a 1984 Wyoming crash, a Burlington Northern engineer had only 6 1/2 hours of sleep in the 48 hours before the accident; his conductor had five hours of sleep.

Outside St. Louis in 2001, a Union Pacific engineer who had been up for 24 hours with only a short nap failed to heed three warning signals and orders to limit his speed before triggering a chain-reaction crash involving two other trains. The wreck injured four and caused $10 million in damage.

A year later, in Des Plaines, Ill., a Union Pacific engineer fighting to stay awake after more than 22 hours without sleep blew past warning signals and broadsided another train, severely injuring two crew members.

After a Chicago & North Western train collision in March 1995, engineer Gerald A. Dittbenner sued the railroad — and received a $500,000 settlement, his lawyers say — over his incessant 12-hour shifts and irregular work schedules.

Dittbenner, 49, misread a stop signal after being awake almost 30 hours and hit the rear of an empty coal train outside Shawnee Junction, Wyo. Seconds before the impact, Dittbenner jumped from the locomotive and broke his neck. Unable to do strenuous work because of persistent pain, he now works as a locksmith in Scottsbluff, Neb.

At a freight terminal before the crash, Dittbenner wrote a prophetic letter to the railroad company — but never got a chance to mail it.

“I said something like, ‘We weren’t getting enough sleep. The railroad is always short-handed and working us to death. If nothing is done, someone is going to get hurt,’ ” Dittbenner recalled in an interview. “That someone was me.”

Federal regulators believe that fatigue underlies many train accidents, though the number of crashes related to the lack of rest is unknown.

The government investigates few crashes, leaving most of them to the railroads to review. By law, those carriers submit reports to the government. Under cause, the only fatigue-related category is “employee fell asleep,” which Federal Railroad Administration officials say doesn’t provide a full picture of the problem.

In 2004, the industry reported 3,104 significant accidents to the railroad administration. About 1,250 were attributed to human factors such as poor judgment, miscommunication and failure to follow operating procedures — errors that experts say can be triggered by fatigue.

A 1997 survey of more than 1,500 freight crew members by the North American Rail Alertness Partnership — a group of industry, government and union officials — found that about 80% had reported to work while tired, extremely tired or exhausted.

Though fatigue can affect passenger train crews, it is primarily a problem for the 40,000 to 45,000 engineers, brake operators and conductors assigned to unscheduled freight service.

Many put in 60 to 70 hours a week, sometimes more. They can be called to work any time during the day or night, constantly disrupting their sleep patterns.

The irregular shifts often place bleary-eyed crews at the controls between 3 and 6 a.m., when experts say the body’s natural circadian rhythm produces maximum drowsiness.

Engineers, brake operators and conductors liken on-the-job fatigue to being in a constant state of jet lag.

“There is no set rest schedule. It changes all the time, and it is hard to adjust,” said Doug Armstrong of Huntington Beach, a veteran Union Pacific engineer who often works 12-hour days, six days a week. “People have a normal rest cycle, but a railroad is anything but normal.”

Part of the problem is the federal Hours of Service Act, a 98-year-old law that requires at least eight hours off after each shift. Crew members say that often doesn’t result in adequate sleep. Allowing for commutes, family obligations, meals and getting ready for work, four to six hours of rest is common, they say.

Moreover, it is legal under the act for engineers, conductors and brake operators to work up to 432 hours a month. In contrast, truckers can drive no more than 260 hours a month under federal law, while commercial pilots are restricted to 100 hours of flying a month.

“It doesn’t make scientific or physiological sense,” said Mark R. Rosekind, a past director of NASA’s fatigue countermeasures program and a former consultant to Union Pacific. “It calls for a minimum of eight hours off, but people need eight hours of sleep a day on average.”

Without adequate rest, engineers can significantly increase their risk of an accident, according to research in the late 1990s by the Assn. of American Railroads, the industry’s trade organization and lobbying arm.

Donald G. Krause, then an analyst for the association, studied 1.7 million work schedules and found that engineers who put in more than 60 hours a week were at least twice as likely to be in an accident as those working 40 hours.

His work was intended to aid the industry in assessing the fatigue problem and finding ways to reduce accidents. But in 1998, the association canceled the research.

“They did not want this finding,” said Krause, who once studied rail safety for the federal General Accounting Office and is now a business writer living outside Chicago. “The railroads fear it could lead to restrictions on hours and government regulation, which could cost them money. But something needs to be done. One of these days, they are going to wipe out a town.”

Association officials say Kr
ause’s research was halted because of budget cuts, not out of a desire to bury the conclusions.

Exhausting schedules are nothing new in railroading. In 1863, long hours contributed to the founding of the Brotherhood of Locomotive Engineers, one of the nation’s oldest unions.

Crew fatigue is even enshrined in American folklore. Engineer Casey Jones was killed when he rear-ended another train in 1900 — near the end of a double shift. The accident inspired a song, “The Ballad of Casey Jones.”

Today’s fatigue problem is the result of a variety of developments over the last two decades, say union officials, railroad consultants, company executives and train crew members.

Hiring has not kept pace with a steady increase in rail freight volumes, about 4.4% a year on average since 1991, federal data show.

Corporate mergers and cost-cutting during the 1990s led to staff reductions. In 2002, a change in pension rules led to 12,000 railroad worker retirements, twice as many as the year before.

Since 1990, overall railroad employment has declined more than 25%. Department of Labor statistics show that, until recently, the hiring of engineers has been flat for years.

Railroad unions have at times resisted proposed solutions to the fatigue problem if they threatened to limit the freedom of their members to work long hours and maximize earnings. With overtime and high mileage, salaries for engineers can reach $100,000 a year.

“It is a two-edged sword,” said Brian Held, 47, a Burlington Northern Santa Fe engineer for 10 years. “The company wants to save money and doesn’t hire what it needs to. Union members don’t want the boards so full of workers they can’t make the money they want. It makes for a dangerous situation.”

Held said that fatigue led to a train collision April 28, 2004, in the Cajon Pass of San Bernardino County, a long, tricky grade that requires constant attention.

Federal records show that both the engineer and conductor of a Burlington Northern Santa Fe train dozed off and struck a Union Pacific train at 5:15 a.m. Five cars derailed.

“There have been four or five fatigue-related incidents up there,” Held said. “We’re lucky no one was killed.”

Interest in fatigue as a safety problem intensified in the mid-1980s, when the NTSB concluded that weary crews contributed to three collisions involving Burlington Northern trains that left 12 dead.

But the railroad industry did not launch a major initiative until two Santa Fe freight trains collided Nov. 7, 1990, in Corona, killing four and causing $4.4 million in damage.

The fiery head-on crash occurred at 4:11 a.m., when a westbound train ignored a stop signal and crept onto the main track from a siding. It collided with an eastbound freight train going about 30 mph.

Crew members on the westbound train tried to run from the wreckage but were consumed by a fireball. The brake operator on the other train was killed; the engineer and conductor suffered serious injuries.

A year later, NTSB investigators concluded that the crew at fault had probably fallen asleep. They noted that engineer Gary Ledoux and brake operator Virginia Hartzell had not slept for almost 27 hours, making them drunk with exhaustion. Conductor James Wakefield had no more than six hours of rest the day before.

Of Ledoux’s last 54 shifts, 35 had different reporting times at all hours. The day before the crash, because of a last-minute shift change, Ledoux had only 5 1/2 hours of sleep before guiding a freight train from Los Angeles to Barstow, arriving at 12:40 p.m.

En route to Los Angeles, Ledoux exceeded speed limits 13 times. As he neared Corona, he turned on the cab’s dome light and opened the window in an apparent attempt to stay awake.

The Corona accident prompted the formation of the Work Rest Task Force, which stressed a voluntary approach by railroad companies and labor unions to sponsor research and find solutions without government intervention. In 1996, the North American Rail Alertness Partnership was formed. The Federal Railroad Administration also organized related efforts.

Today, a variety of fatigue countermeasures are partially in place or under consideration at the nation’s largest railroads, including Burlington Northern Santa Fe, CSX Transportation, Norfolk Southern and Union Pacific.

Some railroads have started voluntary work-rest cycles, though they are not available to most of their freight crews. A typical arrangement is seven days on and three days off. Educational materials are available, crew lodgings at hotels have been upgraded and most major railroads, after years of resistance, now allow short naps for those on duty.

Executives at some companies say they are moving to more regularly scheduled freight service, which can make crew members’ hours more predictable.

At Burlington Northern Santa Fe, crew members are entitled to 14 hours of undisturbed rest after working eight hours. At CSX, they can ask for undisturbed rest for up to 10 hours, and fixed work-rest cycles are available at several major hubs.

Officials at all of the nation’s largest railroads say they are hiring thousands of engineers and conductors to reduce crew shortages. The companies, which handle about 90% of the nation’s rail freight, added more than 4,000 crew members in 2004, a 7% increase over 2003.

The Assn. of American Railroads contends that a voluntary effort is more likely to succeed than a “one-size-fits-all” approach that government regulation would create.

“We have made huge gains by working cooperatively,” said Alan Lindsey, general director of safety and rules for Burlington Northern Santa Fe. “We have come a tremendous way as an industry.”

Although accidents related to human error are increasing, the railroad association cites federal data that deaths and injuries of railroad workers from accidents are at record lows.

Fatigue “is not what I’d consider a major safety issue at this point, but it is an issue we take seriously,” said Robert C. VanderClute, the association’s senior vice president of safety and operations.

Industry critics, however, point to Union Pacific, the nation’s largest carrier, in asserting that the voluntary approach isn’t working.

Understaffing and crew fatigue have persisted at Union Pacific despite the railroad’s participation in the Work Rest Task Force.

The largest team of safety inspectors ever assembled by the Federal Railroad Administration descended on Union Pacific in 1997 after five major crashes in eight weeks killed seven people.

Long hours, unpredictable work schedules and train crews that had worked days on end without time off were partly to blame.

Since last May, the Federal Railroad Administration and the NTSB have been investigating seven derailments and crashes involving Union Pacific trains near San Antonio, including the Macdona wreck.

Crew fatigue is suspected in at least two of the accidents.

In December 2003, Union Pacific unsuccessfully sued a group of unionized conductors alleging that they were taking too much time off during weekends and holidays, disrupting commerce along a major Kansas line in violation of the Railway Labor Act.

The United Transportation Union countered that the railroad was severely understaffed in the area and many conductors were exhausted from working for weeks — sometimes months — without a day off.

“We were running with a skeleton crew,” said union official Greg Haskin. “Guys were burned out and calling in sick. They were working 12- to 16-hour days up to 90 days straight. You can’t expect people to work like that and be safe.”

Union Pacific declined to discuss the case.

The company has vowed to add 200 engineers and conductors in the San Antonio area, where the Macdona crash occurred, and 2,500 this year across its vast network.

The company also is experimenting with a two-days-on, two-days-off work-rest cycle for engineers at its giant freight hub in North Platte, Neb
.

“Generations have been dealing with this problem,” said John Bromley, a Union Pacific spokesman. “There are not going to be any overnight solutions.”

Critics say the industry isn’t doing enough voluntarily and that further government regulation is needed. But when it comes to combating fatigue, the wheels of reform turn slowly.

Bills requiring fatigue management plans and improvements to the Hours of Service Act have failed repeatedly in Congress since 1998 because of corporate and labor opposition.

Out of frustration, NTSB officials say they recently withdrew their long-standing recommendation for revisions to the act.

Amending the law to reflect modern sleep science had been on the NTSB’s “10 Most Wanted List” of safety improvements since 1990.

George Gavalla, who headed the Federal Railroad Administration safety office from 1997 to 2004, said trying to reduce the fatigue problem “was one of my biggest frustrations.”

“I’m disappointed we could not accomplish more,” he added. “It is a huge safety issue.”

(The preceding report by Dan Weikel was published by the Los Angeles Times on Sunday, April 24, 2005.)

A sleep disorder is a dangerous medical condition; but, in most cases, treatment can be effective.

For this reason, a labor-management joint task force has agreed, in writing, that an employee with a treatable sleep disorder who is receiving proper treatment and is otherwise complying with the safety and operating requirements of the job, should have no fear that he or she would become disqualified from work.

A sleep disorder statement to that effect has been issued by the rail industry’s Work/Rest Task Force, comprised of representatives of the United Transportation Union, the Brotherhood of Locomotive Engineers and Trainmen, and the Class I railroads, which include BNSF, Canadian National (U.S. lines), Canadian Pacific (U.S. lines), CSX, Kansas City Southern, Norfolk Southern and Union Pacific.

The statement also has been approved by the industry’s Safety and Operations Management Committee (SOMC), comprised of the chief operating officers of the member railroads of the Association of American Railroads (AAR).

The sleep disorder statement is as follows:

Sleep disorders, like any other medical condition potentially affecting the safe performance of essential job functions or the safety of co-workers or the general public, require an individual assessment of the employee diagnosed with the condition to determine medical fitness for service and the necessity of any appropriate reasonable accommodations. The carrier’s medical policy for assessment of sleep disorders is intended to neither diminish in any way the employee’s responsibility for failure to comply with operating and safety rules, nor infringe upon an employee’s rights under an existing collective bargaining provision.

There are more than 80 different types of sleep disorders, ranging from insomnia (the inability to sleep) to narcolepsy (uncontrolled sleeping). The most common form of sleep disorder is sleep apnea, affecting as many as 18 million Americans. People with untreated sleep apnea stop breathing repeatedly during their sleep, sometimes hundreds of times during the night, and often for a minute or longer.

A recent study found that 60 percent of American adults experience sleep problems, but few recognize the importance of adequate rest, or are aware that sleep problems can be prevented and managed.

The good news is that most sleep disorders can be treated and most health insurance plans cover the diagnoses and treatment costs. If you suspect that you may have a sleep disorder, please discuss your problem with your physician or see a sleep disorder specialist.

For more information about sleep disorders and other sleep-related issues, go to the National Sleep Foundation’s website at www.sleepfoundation.org.

Additionally, go to http://www.utu.org/, look to the left blue margin and click on “Health care.” Toward the bottom of that page, click on “Health Columns by Dr. Norman K. Brown,” the UTU’s medical consultant. Then, click on Dr. Brown’s column, “New hope for the sleepless.”

With a little luck, and after a lifetime of hard work, most UTU members, whether employed by the rail, bus or airline industry, should be able to look forward with optimism to their retirement.

Healthy and secure in the knowledge that their savings, benefits and investments will allow for a comfortable lifestyle, they should be able to stop setting an alarm clock, kick back, and enjoy their golden years without a care.

In an ideal world, it would be that simple. In the real world, this won’t happen without some careful planning and attention to details, preferably well before retirement.

The information that follows can’t anticipate every individual’s specific circumstances, but it can serve as a guide to pave the way for members and help them avoid some nasty surprises.

Money and health

In some ways, retirement represents a new way of life. But at its core, that new life is remarkably similar to the one preceding it. Topping the list of retirement concerns are money and health.

As a rule of thumb, between 70 and 80 percent of pre-retirement income is needed to enjoy a comfortable retirement, according to Public Affairs Specialist William Jarrett of the Social Security Administration (SSA). At the same time, in the opinion of Don Heffernan, a retired member of Local 1252 in Fresno, Calif., “the biggest pitfall to retirement is medical care.”

Medicare and more

For most UTU members, health care in retirement is addressed by their contracts, or options have been negotiated by the UTU International that can carry them over until they are eligible for Medicare.

While a lot of what you read and hear about health care may seem confusing, three underlying points should be noted. First, most such contractual benefits are only available until age 65 when the employee must enroll for Medicare Parts A, B and D. Second, there are limits to what Medicare covers, and many retirees opt to purchase so-called “medigap” policies to cover most of what Medicare doesn’t. And third, help in understanding this information is only a phone call away.

Whether employed in the rail, bus or airline industry, the first stop for explanations and to learn about available health care options is your general chairperson.

Rail employees still baffled can call the UTU Membership Services Department; yardmasters can call the UTU Yardmaster Department, and those in the bus or airline industry can call the UTU Bus Department. These departments can be reached at (216) 228-9400. In addition, information is available on the UTU website at www.utu.org by clicking on “Health care” in the blue area on the left on the home page.

Information about Medicare and medigap policies for bus and airline industry members is available directly from Medicare itself at (800) 633-4227 or from the Social Security Administration at (800) 772-1213; or from the U.S. Railroad Retirement Board (RRB) for rail members. To find the RRB office nearest you, call the RRB Help Line at (800) 808-0772. Rail employees should contact Palmetto GBA at (800) 833-4455 with questions about this Medicare coverage.

Additionally, information about Medicare’s scope and limits can be obtained from the Medicare website (www.medicare.gov), the RRB website (www.rrb.gov) and the Social Security website (www.socialsecurity.gov) and the Palmetto GBA website (www.palmettogba.com).

Don’t leave health care to chance! Learn about coverage options well before retirement! Sources of income

“Social Security benefits, on average, only replace about 40 percent of pre-retirement income,” said SSA’s William Jarrett. “The system was never intended to be your sole source of retirement income. Social Security should be part of a three-legged stool of retirement security. The other two legs should include pension benefits, such as those from a 401(k) plan or company-sponsored pension, and investments.”

Jarrett’s statements about Social Security also apply to benefits received from other agencies, such as the RRB. Simply stated, responsible planning for retirement calls on you to be informed about the pension plan, or plans, available to you. To live a secure lifestyle, you’ll also need to learn something about making investments.

Pension plans

Most UTU members participate in a pension plan, whether it’s a defined benefit plan or a defined contribution plan.

A defined benefit plan usually promises the participant a specific monthly benefit at retirement and may even state this as an exact dollar amount. Monthly benefits could also be calculated through a formula that considers a participant’s salary and service. A participant is generally not required to make contributions in a private-sector fund, but most public-sector funds require employee contributions. Unlike most defined contribution plans, the participant is not required to make investment decisions.

A defined contribution plan provides an individual account for each participant, and benefits are based on the amount contributed. A defined contribution plan, such as an employee stock ownership plan, a profit sharing plan or a 401(k), can be affected by income, expenses, gains and losses.

On some properties, such as the Los Angeles County Metropolitan Transportation Authority (MTA), UTU-represented members can participate in a 457, a 401(k) and a defined benefit plan. In addition, there are a variety of options that come into play.

Again, the general rule of thumb is that you can always call your general chairperson for information about pension options. UTU-represented MTA employees can contact their local chairpersons or members of the general committee sitting on the pension board, such as General Chairperson James A. Williams at (626) 962-9980, or they can call the MTA’s Pensions and Benefits Department at (213) 922-7184.

Investment income

While there are many places to make investments, the United Transportation Union Insurance Association offers some of the best options. Three products in particular are specifically designed with retirement in mind, said Director of Insurance Administration and Marketing Tony Martella.

“The Roth IRA (individual retirement account), the Traditional IRA and the Flexible Premium Annuity are all products our members should consider putting to work for themselves and their families,” Martella said. “All three products have a guaranteed interest rate, and unlike the risk you take gambling on the stock market, you’ll never lose your principal.” Martella cites one of the basics of building wealth and security: “Pay yourself first!”

To learn how the UTUIA can help ensure a smooth retirement, click here, or call toll-free (800) 558-8842.

Monthly benefits

Most UTU members will receive monthly benefit checks from the RRB or from Social Security. But some, such as those in transit operations in Santa Cruz and Santa Monica, Calif., participate in neither program. Instead, they participate in the California Public Employees Retirement System (CalPERS).

For information about CalPERS and the benefits it administers, call the agency at (888) 225-7377, Monday through Friday, from 8 a.m. to 5 p.m., or visit its website at www.calpers.ca.gov.

But whether its the RRB, CalPERS, SSA, or some other entity, the important element is to be aware of which system will be sending you a monthly check so estimates of monthly benefits can be obtained, eligibility requirements can be determined, and an accurate accounting of your earnings can be verified.

In all cases, the accuracy of the earnings record is especial
ly important, as benefit amounts will be based on this record.

Those covered by the RRB should receive a statement of earnings each year called a BA-6. If the earnings information on the BA-6 is incorrect, your monthly benefit payment will not be correct. Geraldine Clark, assistant to the RRB labor member, said UTU members should check their BA-6 closely each year to ensure there are no discrepancies. This is especially important because, as a general rule, those covered by Railroad Retirement can only protest a discrepancy going back four years, she said.

Likewise, the SSA is now sending out an annual statement about three months before an individual’s birthday that includes a record of earnings throughout an individual’s career. “You want to check those figures for accuracy,” said SSA’s Jarrett. “If the record is inaccurate, call us and be ready to supply W-2s or self-employment papers that show the correct figures. No matter how far back the discrepancy appears, if you have proof of the earnings, the record can be fixed.”

The annual mailing from SSA also includes an estimate of reduced benefits that will be payable if early retirement is taken, an estimate of unreduced benefits, an estimate of survivors’ benefits and an estimate of disability benefits, making it easier than ever to be aware of the monthly payment likely to come your way.

For those looking to receive an estimate of their monthly retirement benefits from the RRB, visit or phone your nearest RRB field office, or check out the agency’s Mainline Services page on its website. Once you establish a password, you can check your service and compensation history (earnings record) and get an annuity (benefit) estimate via the Internet.

Time to retire

The RRB and SSA both indicated UTU members should file for benefits with the applicable agency at least three months before they plan to actually stop working.

Both agencies are beginning to change their operations in response to changing lifestyles and technology. SSA will now take retirement applications over the phone or via the Internet. And the RRB can keep the various proofs you’ll need on file well in advance of your retirement.

Proofs

Regardless of the agency involved, you’ll need to produce various proofs before the correct benefits can begin. These include:

  • Proof of age. Generally, this is an original birth certificate or a certified copy — not simply a photocopy. In cases where a birth certificate is not available, contact the applicable agency well in advance to find out what you’ll need to prove your age.
  • Proof of marriage. If you have a spouse, you’ll need to produce an original or a certified copy of the marriage certificate. Again, a simple photocopy won’t do.
  • Proof of military service. Depending on the situation, you may be eligible for military credits that can add to your compensation history. You’ll need your discharge papers (Form DD-214).

In addition, other proofs may be needed to expedite your retirement. The SSA asks that you bring your most recent W-2 or self-employment tax papers so that your benefit amount can be calculated most accurately. Depending on your situation, the RRB or other such agency may also need to see these documents. Also, if there are children who are potentially eligible for benefits, there are proofs that will be needed, such as original or certified copies of birth certificates.

For these and other reasons, the wise individual will contact the applicable retirement agency well in advance of the date he or she intends to retire. A claims representative will conduct a thorough interview and review of your work history to help determine which benefits you and your family may be entitled to, and will explain the eligibility requirements.

During the give-and-take of this interview, you may discover there’s an advantage to waiting a little longer to retire, or you may find that you and your spouse should both file for benefits immediately — or maybe several years apart. You may also find out more about Medicare, the RRB’s “current connection” concept, or something else you may have failed to adequately explore.

With some advance planning and attention to detail, the transition from employment to retirement should be smooth sailing. And the best time to begin the process is now!

WASHINGTON, D.C. — Debbie Hersman is the first member of the 37-year-old National Transportation Safety Board to bring to the job a detailed knowledge of railroads, reports Railway Age magazine.

Hersman was confirmed by the Senate in June following five years as a senior staff member of the Senate Commerce Committee, where she advised Democrats on multimodal transportation topics, including rail freight and passenger economic and safety issues. From 1992 to 1999, she was a legislative aide to former Rep. Bob Wise (D-W.Va.), a member of the House Transportation and Infrastructure Committee.

At 34, Hersman is also among the youngest NTSB members — Sen. Kay Bailey Hutchison (R-Tex.) was 33 when appointed in 1976 — but don’t for a moment equate Hersman’s relative youth with uncertainty or shyness.

Hersman sees her mission as unambiguous: “Safety advocate. Other federal agencies balance benefits and costs through the regulatory process. The NTSB makes recommendations with one goal in mind: Improving transportation safety. Although it is naïve to assume we don’t think about costs, our decisions are not guided by that principle.”

Enter positive train control–a collision- and over-speed-avoidance technology railroads embrace as if kissing one’s sister, owing to its substantial costs of implementation beyond pilot projects.

“The NTSB can identify accident after accident that would not have happened were PTC in place,” Hersman says. “A safety-redundant system can override human error, such as resulting from train crew fatigue. Redundancy is not too much to demand when dealing with human life.”

Hersman is not the first NTSB member to advocate PTC. Its implementation has been on NTSB’s “10-most wanted” safety improvements list since 1990.

Hersman also advocates continued elimination of highway-rail grade crossings, and wants to see increased industry efforts to eliminate train crew fatigue, such as assuring adequate rest. Hours-of-service regulations mandating specific rest periods may be too simplistic, however. Too often, accident investigations reveal a train crew was in compliance with hours-of-service regulations, but had not used their off-duty time to rest, she says.

Hersman says she will be focusing on how train crews spend their off-duty hours, whether current HOS rules are adequate, and how employers and an employee’s family might help assure train crews receive adequate rest. She has interest in pilot programs that provide train crews with regular work schedules and assigned days off.

“The NTSB will make its recommendations in the interest of safety and leave for the regulatory agencies and parties of interest how best to implement the recommendations,” Hersman says. But don’t construe that comment as supporting performance standards–an objective the industry has been seeking. Hersman believes there are areas where performance standards make safety sense — such as allowing carriers greater leeway in installing continuous welded rail — but “pretty narrow and focused regulation” still has a meaningful role in assuring transportation safety.

Hersman advocates a greater role for locomotive cab voice and video recorders. Recently, Norfolk Southern installed cameras and microphones in locomotives to help document actions of train crews preceding vehicle/train crashes. Bowing to crew privacy demands, the cameras look forward from the windshield and the microphones are installed underneath the locomotive floor to record the sounding of whistle and bells.

Hersman prefers cameras that record locomotive gauges and microphones that record crew conversation. Both are of value to accident investigators. Since the 1970s, voice recorders have been used on airline flight decks. The Air Line Pilots Association initially opposed this. Laws are now in place protecting the privacy of audio recordings, and that privacy safeguard could be extended to video recordings, she says.

Although remote control operations are relatively new in the U.S., Hersman is aware of FRA data showing that where remote control is being used–as opposed to conventional switching operations–rail accidents have been reduced by almost 14% and injuries are down by almost 60%. Her initial concern with remote control is “human factor performance. When new operating practices are established, it is especially important that stringent safety procedures be established and that training and oversight be a priority,” she says.

Hersman’s term expires in December 2008.

(The preceding article was published by Railway Age magazine.)