SMART Transportation Division-represented members who work on the Louisiana and North West (LNW) Railroad recently ratified a new contract to run through 2023.
The agreement allows for a 3% raise, effective June 2019; a 3% raise in June 2020; and a 3% raise in June 2021. These will be followed by raises of 2.5% in June 2022 and 2.5% in June 2023.
Employees covered by the agreement also receive a $300 ratification bonus and back pay to be paid by the end of December.
The contract protects the status of certain employees, establishes Martin Luther King Jr.’s birthday as a paid holiday starting next year and awards an additional week of vacation to employees who have served the carrier more than 20 years.
TD Vice President Chadrick Adams assisted General Chairperson Jess Kilgore of Local 781 (Shreveport, La.) in negotiating the successful agreement for GCA-LNW.
“This was a challenging process for our union,” Adams said. “But in the end we were able to get a contract that our members found to be to their satisfaction.”
A prior agreement failed in the ratification process earlier this year.
LNW, based in Homer, La., operates 62.6 miles from McNeil, Ark., to Gibsland, La., and is owned by Patriot Rail Corp.
Author: bnagy
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has granted Energy Transport Solutions LLC of Doral, Fla., a special permit that allows for the transport of liquid natural gas (LNG) on a route from Wyalusing, Pa., to Gibbstown, N.J.
U.S. Rep. Peter DeFazio of Oregon and U.S. Rep. Tom Malinowski of New Jersey, both members of the House Committee on Transportation and Infrastructure, responded with disappointment to the PHMSA announcement Dec. 6.
“News of PHMSA’s decision to jump ahead of its notice of proposed rulemaking on moving LNG by rail and grant a special permit to Energy Transport Solutions, LLC to move LNG by rail tank car is deeply disturbing,” DeFazio said. “This reckless move by the Administration puts communities in harm’s way. For months I have been sounding the alarm on this dangerous plan. Not only has PHMSA failed to take the proper steps of testing, analyzing or reviewing this unprecedented plan, it failed to provide Congress and the public the opportunity to consider whether the permit’s operating conditions sufficiently address the potential safety implications — an opportunity that’s required by law. The agency rushed its job, spending a measly six months considering this petition and the nearly 3,000 public comments it received.
“In June, Congress passed my amendment to prohibit DOT from finalizing the LNG by rail rule that President Trump intends to rush through in 13 months. I urge the Senate to work with us to put a stop to these irresponsible actions.”
Malinowski said the agency has ignored safety concerns expressed by multiple groups.
“The movement of LNG by rail tank car presents unique and substantial risks to public safety and the environment. This decision by the Department of Transportation to allow LNG to move in large volumes without adequate safeguards is irresponsible, and yet another example of the Administration putting corporate interests over the safety of the American public,” he said.
The north-to-south route is about 175 miles. It runs from fracking shale wells in northern Pennsylvania to a port in New Jersey and likely will be served by Norfolk Southern, the Philadelphia Inquirer reported. The permit expires in November 2021 and allows for no intermediate stops on the route when the LNG is being transported.
Read an article about the permit from the Philadelphia Inquirer.
Read the special permit issued by PHMSA.
Voluntary registration with the Federal Motor Carrier Safety Administration’s Commercial Driver’s License Drug and Alcohol Clearinghouse is open and available online.
The Clearinghouse was created as part of new CDL employer background check requirements to take effect Jan. 6, 2020. The Clearinghouse is a database maintained by FMCSA that will hold real-time information about any reported violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals, for prospective employers to access.
In addition to employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), substance abuse professionals (SAPs) and law-enforcement personnel all will have access to this database containing operator data.
“Drivers are not required to register for the Clearinghouse,” FMCSA said. “However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record.”
After registration with the Clearinghouse, CDL holders will be able to:
- View their own driver record electronically.
- Provide electronic consent to release detailed drug and alcohol program violation information to a current or prospective employer.
- Identify a substance abuse professional (SAP) so the SAP may enter specific information regarding the driver’s return-to-duty (RTD) activities.
Even if a CDL holder has not registered for access to the Clearinghouse, the Clearinghouse still will associate any alleged drug or alcohol violation that has been reported with a CDL holder’s information. Any changes to the CDL holder’s record in the Clearinghouse will be relayed via the preferred method the holder indicated during registration or, if the holder is not registered to access the database, via mail to the address associated with the CDL.
FMCSA’s final rule for the Clearinghouse was published Dec. 5, 2016.
FMCSA says that implementation of the Clearinghouse “will improve roadway safety by identifying commercial motor vehicle (CMV) drivers who have committed drug and alcohol violations that render them ineligible to operate a CMV.”
FMCSA’s guide for CDL holders to the Clearinghouse registration process (PDF)
View Frequently Asked Questions about the Clearinghouse.
For more information or to register, visit https://clearinghouse.fmcsa.dot.gov.
The amounts of compensation subject to Railroad Retirement Tier I and Tier II payroll taxes will increase in 2020, while the tax rates on employers and employees will stay the same. In addition, unemployment insurance contribution rates paid by railroad employers will not include a surcharge for the first time in five years.
Tier I and Medicare Tax — The Railroad Retirement Tier I payroll tax rate on covered rail employers and employees for 2020 remains at 7.65 percent. The Railroad Retirement Tier I tax rate is the same as the Social Security tax, and for withholding and reporting purposes is divided into 6.20 percent for retirement and 1.45 percent for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20 percent rate increases from $132,900 to $137,700 in 2020, with no maximum on earnings subject to the 1.45 percent Medicare rate.
An additional Medicare payroll tax of 0.9 percent applies to an individual’s income exceeding $200,000, or $250,000 for a married couple filing a joint tax return. While employers will begin withholding the additional Medicare tax as soon as an individual’s wages exceed the $200,000 threshold, the final amount owed or refunded will be calculated as part of the individual’s Federal income tax return.
Tier II Tax — The Railroad Retirement Tier II tax rates in 2020 will remain at 4.9 percent for employees and 13.1 percent for employers. The maximum amount of earnings subject to Railroad Retirement Tier II taxes in 2020 will increase from $98,700 to $102,300. Tier II tax rates are based on an average account benefits ratio reflecting Railroad Retirement fund levels. Depending on this ratio, the Tier II tax rate for employees can be between 0 percent and 4.9 percent, while the Tier II rate for employers can range between 8.2 percent and 22.1 percent.
Unemployment Insurance Contributions — Employers, but not employees, pay railroad unemployment insurance contributions, which are experience-rated by employer. The Railroad Unemployment Insurance Act also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount. The accrual balance of the Railroad Unemployment Insurance Account was $157.5 million on June 30, 2019. Since the balance was more than the indexed threshold of $152.3 million, there will not be a surcharge added to the basic contribution rates for 2020. Previously, the rates have included a 1.5 percent surcharge every year since 2015.
As a result, the unemployment insurance contribution rates on railroad employers in 2020 will range from the minimum rate of 0.65 percent to the maximum of 12 percent on monthly compensation up to $1,655, an increase from $1,605 in 2019.
In 2020, the minimum rate of 0.65 percent will apply to about 84 percent of covered employers, with almost 5 percent paying the maximum rate of 12 percent. New employers will pay an unemployment insurance contribution rate of 3.10 percent, which represents the average rate paid by all employers in the period 2016-2018.
State Legislative Director Stu Gardner reports that an additional round of testimony has been scheduled for 11 a.m. Tuesday, Dec. 10, 2019, in House Hearing Room 114 in the Ohio Statehouse, 1 Capitol Square in Columbus, regarding H.B. 186, a comprehensive railroad safety bill under consideration in the state’s House of Representatives.
Only proponents of the bill who have not given testimony previously are eligible to state their case for this important legislation that will protect lives and preserve the safety of railroad operations in Ohio.
“Testimony is to be given by those persons (or groups) that have not testified on H.B. 186 previously,” Gardner said. “I am requesting that if you have not given testimony previously, or wish to add new testimony that you have not given before on H.B. 186, now is the time to do so.”
Gardner, rail safety legal expert Larry Mann, members of the Ohio State Legislative Board, SMART-TD members and representatives from the BLET have provided testimony in favor of this legislation, which covers the following safety issues:
- Two-person freight train crews
- Proper walkways in railroad yard safety legislation
- Railroad yard lighting safety legislation
- Blocked crossings
In an email to members, Gardner indicated that the rail carriers requested a fifth hearing (Ohio bills typically receive three committee hearings before being voted upon for advancement to the full state House) due to Mann’s strong proponent testimony delivered Nov. 19.
However, more TD members and others concerned about railroad safety need to step up and be heard, and this fifth hearing could be the last chance to convince representatives that H.B. 186 deserves passage.
“It is up to all of our advocates of the Ohio State Legislative Board and the SMART Transportation Division to step up and let these committee members hear the truth one more time,” Gardner said. “Please come and fill the hearing room, give testimony and show these representatives what we are made of.”
The bill is sponsored by Ohio Reps. Mike Sheehy, a retired rail worker and member of the SMART TD Alumni Association, and Brent Hillyer.
Proponent testimony must be provided to Matthew Taylor in Committee Chairman Doug Green’s office (Matthew.Taylor@ohiohouse.gov.) with the deadline for electronic submission of both written and in-person testimony and a witness slip being 3 p.m. Dec. 9, the Monday before the hearing. On the day of the hearing, witnesses have the option of presenting their testimony in person before the committee if they have submitted the testimony and required witness slip by the deadline.
Instructions for those wishing to testify before the committee:
Prior to committee:
- The House Transportation and Public Safety Committee is scheduled to meet on Tuesday mornings at 11 a.m. in House Hearing Room 114 in the Ohio Statehouse in Columbus.
- Testimony is to be electronically submitted to the chairman’s office by 3 p.m. Monday afternoon.
- A witness slip (fillable PDF) is to be completed prior to the committee meeting and should also be submitted electronically to the chairman’s office.
- Testimony and the witness slip can be submitted at the same time and there is no need to send multiple emails.
- Materials may be submitted to Matthew Taylor in Green’s Office at (Matthew.Taylor@ohiohouse.gov.)
Day of committee:
- Folks may arrive any time before the committee hearing begins.
- There is no need to check in with staff so long as testimony was submitted properly.
- Attendees may take a seat in the audience.
- As committee begins, the chairman will announce the hearing of bills. As testimony begins on H.B. 186, the chairman will call each individual up by the name submitted on the witness slip.
- After testimony has been given, the individual may remain in the committee room for the duration of the hearing.
Instructions for those wishing to submit written-only testimony:
- Written-only testimony is for those who may not be able to attend the committee hearing to testify in person, or for those who may want to attend committee but do not wish to verbally testify.
Written-only testimony:
- Testimony is to be electronically submitted to the Chairman’s Office by 3 p.m. Monday afternoon, the day before the scheduled hearing.
- The witness slip is to be completed prior to the committee hearing and should also be submitted electronically to the Chairman’s Office.
- Testimony and the witness slip can be submitted at the same time, and there is no need to send multiple emails.
- Materials may be submitted to Matthew Taylor in Chairman Doug Green’s Office at (Matthew.Taylor@ohiohouse.gov.)
The open-enrollment period for the new SMART TD Long-Term Voluntary Disability Plan (VDP)<strong? has been extended until Jan. 15, 2020. The high call volume that occurred as last week’s deadline approach allowed the negotiation of a longer period for members to take advantage of this benefit.
You can enroll by talking to a Benefit Specialist by calling 224-770-5328 or self-enroll by visiting www.smart-vltd.com.
Below are a few highlights of the new plan:
- The new plan is replacing the old MetLife Long-Term Disability Plan that was canceled in April.
- The new plan differs from the old MetLife plan because it does not offset with other benefits such as the RRB or the VSTD. This plan stacks on top of and pays in addition to other benefits.
- Unlike the old plan, the new VDP is an individual policy that is guaranteed renewable. Your coverage can’t be canceled. (It remains in force up to age 72 as long as premiums are paid).
- Premiums are locked in when you enroll. Your premiums do not increase as you get older.
- Previous MetLife participants are guaranteed approved for a monthly benefit of up to $1,000.
Open enrollment has been extended to Jan. 15, 2020.
For more information or to enroll, contact your local field supervisor, visit www.smart-vltd.com, or call the SMART TD VDP Enrollment Center at 224-770-5328.
The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $166,400 to $171,100 beginning Jan. 1, 2020.
At the end of 2001, labor and management had agreed on various procedures to administer the annual changes in the amount of the lifetime maximum benefit under the ERMA Plan.
In conjunction with the formula established in 2001, a new lifetime maximum was calculated by utilizing the October 2018 consumer price index (CPI) data for Hospital and Related Services and Physician Services. The result is a lifetime maximum for 2020 of $171,100.
For individuals who have reached the lifetime maximum, the incremental maximum available is applied to eligible expenses submitted for dates of service on or after the effective date of the new maximum. For 2020, this amount will be $4,700.
This change will apply to all railroads and crafts participating in ERMA.
Brother Chris Seidl of Local 1227 (Wichita, Kan.) was struck and killed by a train car the night of Dec. 3 while performing service in a yard in north Wichita. He was an employee of Wichita Terminal Association, which is jointly owned by BNSF and Union Pacific.
He is survived by his parents, Steve and Kathy, brothers Chuck, Corey and Chad. He is the father of three children: Wyatt, Adison and Brody. He was engaged to fiancée Jody Hagen.
An online fundraiser has been established at www.gofundme.com.
His obituary is available here.
Additional details were not provided by police, and an investigation into the accident by the Federal Railroad Administration is ongoing.
SMART-TD members are reminded of these safety recommendations put forth by the Switching Operations Fatalities Analysis workgroup when engaged in switching operations:
- Secure all equipment before action is taken.
- Protect employees against moving equipment.
- Discuss safety at the beginning of a job or when work changes.
- Communicate before action is taken.
- Mentor less experienced employees to perform service safely.
“My daughter and her friend work for Grub Hub and live off tips,” said Donna, “and they live with me because there is no way that they can afford to live on their own.”
Donna’s story hit me hard and here is why.
The first 15 years of Dad’s career were rocky. He was often laid off, sometimes for six months at a time (priority in scheduling went to railroaders with more seniority). Then Mom would get a job, Dad would create a side hustle — working for his father’s plumbing business, hauling freight in a semi-truck, working the family ranch, selling pipe for corrals as I remember — and my parents would nervously piece together their $250 weekly meager income to cover their bills for a family of five.
As the years went on, Dad rose in the ranks. With more seniority, he gained more “trips,” and in time our family financial picture changed enough for us to gain our place in the middle class. Just this year, Dad retired with a generous employee-sponsored pension and a halfway-decent 401(k).
Life would not have even existed for me if it were not for my father belonging to a union that was powerful enough to fight for our family. Union benefits that insured a hospital stay and a respirator for a month while my premature-baby lungs developed both saved my life and did not bankrupt us.
Even as my extended family was counting down the months leading up to my father’s retirement, the picture for most American workers became much bleaker. The bubble of decent union jobs in my railroad hometown are now an anomaly. Just 10% of American salaried and hourly workers are in a union today and even they are under attack from everyone from the White House to the state houses to the Supreme Court.
***
When I was a freshman in high school, a family driving in a Ford Fiesta on a rural road crossed the railroad tracks just a couple miles in front of the train my dad was operating. The mile-long train was going 70 mph, and while he pulled the brakes, there was no way to stop the 4,000 tons of cargo from sliding across the rails. The tiny car was stuck. As the train brakes shrieked, Dad wailed. He saw the fate of the trapped family in clear view. After impact and as the train slowed down, Dad jumped out of the cab. The three adults in the car were dead, but from behind the smashed passenger seat he heard a little voice crying, “Help me!” He delicately pulled the child from the car and held him until help arrived. Dad came home that night a different person. About a week later, the little boy died in the ICU. My father was never really the same after that, nor am I as I retell his story.
Soon after the tragedy, the railroad began an investigation. There was a sense of unease in our house. We knew that the train wreck was an accident, but what if Dad lost his job? With representation by the United Transportation Union (now SMART Transportation Division), he attended numerous hearings to testify in his case. He also attended counseling for PTSD. Over the course of several weeks, my father, Kelley McCauley, was cleared of any wrongdoing and returned to work without being penalized.
But this kind of employee protection in the USA is dying. We are now tied with Malaysia in being the easiest places in the world to terminate employees. Furthermore, we are pushing out stable jobs with the expansion of “alternative work arrangements,” like that of Donna’s daughter and her friend. According to federal employment numbers, the U.S. economy grew 94 percent from 2005-2015 — not in union jobs but in freelance and subcontractor jobs, with temp agencies, and in what is hilariously yet tragically called “the gig economy.” There is a straight line from the decline of unions to the rise in crappy jobs. Union members do not have “gig” jobs.
Back in October, I traveled home for Dad’s retirement party in Arizona. As we gathered in the American Legion Hall, half of those in attendance had been, like my dad, newly minted into the challenging club simply called “retirees.” And while my father and his colleagues have the protection of their union in retirement, the employees that follow them may not.
***
In January 2019, The New Republic magazine reported that Elwood, Ill., (population 2,000) near where I live and work as a community organizer with an affiliate of the Metro Industrial Areas Foundation, had been completely taken over by entrepreneurs whose “business plan” was to staff warehouses surrounding Warren Buffett’s Center Point Intermodal Freight Terminal for retailers such as Wal-Mart, Ikea, Home Depot and Amazon. Elwood was promised a bill of goods: Good jobs being the main one. Instead, the temp agencies have consistently hired people (in situations similar to Donna’s daughter and her friend) on 90-day trials, most of which never lead to full-time employment. These non-unionized workers are often “let go” and then hired for another 90 days by one of the temp agencies in Will County (which are sometimes owned by the same “entrepreneurs”). They never land that full-time job with benefits they need and crave that part of the American dream that my parents achieved.
Here is what makes me so angry: The same railroad that my father just retired from is the same railroad that stops at Warren Buffett’s Intermodal Freight Terminal in Elwood, loading and unloading large heavy freight cars, running back and forth across warehouses the size of five football fields, and then driving it to our house — in two-days or less — for our personal convenience. And many of us think that is great! It’s not great. It is wrong. Period.
Marilyn Robinson in her book, The Death of Adam, writes that worker protections, the two-day weekend and the living wage with benefits were “largely willed and reformed into existence” following the carnage of slavery and the Industrial Revolution. Is another revolution needed to help us see that our instant consumer gratification has a human cost? Is another revolution needed to stir the imagination of American workers to see the inherent value of organizing and collective bargaining?
I personally believe so. I think you do too. Let’s do something about it.
Adrienne A. McCauley is lead organizer for DuPage United and the Fox River Valley Initiative in the Chicago suburbs and exurbs of Illinois which are fiercely non-partisan, institutionally based, relational-power affiliates of the Metro Industrial Areas Foundation (IAF). Her father is a retired member of SMART TD Local 113 in Winslow, Ariz.