NORTH OLMSTED, Ohio (October 3, 2019) — Today, the nation’s Class I rail carriers, along with a few other railroads, filed suit in federal district court in the Northern District of Texas in an attempt to undermine our collective bargaining agreements as well as the bargaining process under the Railway Labor Act.
The suit, filed just ahead of the beginning of the next round of national handling scheduled to begin with the Section 6 notice filing November 1, asserts that the carriers’ position that “the existing moratoriums do not bar their crew-consist-related proposals” is a minor dispute subject to arbitration.
As detailed in their complaint, this is not the first time that the rail carriers have attempted an attack on crew consist. SMART Transportation Division President Jeremy Ferguson, noting the carriers’ history of unsuccessful attacks on crew consist, stated, “this latest attempt is nothing new, and it will once again be met with a vigorous defense.”
The suit, denoted as BNSF Railway et al, v, Internat’l Assn. of Sheet Metal, Air, Rail and Transportation Workers—Transportation Division, has not yet been served on the SMART Transportation Division.
This article will be updated.
Author: bnagy
Open enrollment for the new SMART Transportation Division Long-Term Voluntary Disability Plan (VDP) is underway. Enrollment started in May and runs through Nov. 30, 2019. All dues-paying members of SMART TD living in the United States and working at least 20 hours per week can apply for coverage. Members can enroll online by visiting www.smart-vltd.com, contacting their local field supervisor or by calling the SMART TD VDP Enrollment Center at 224-770-5328.
Since May 2019, SMART TD members have had a new disability benefit available to them. Enrollment for the new Long-Term Voluntary Disability Plan (VDP) ends November 30, 2019. Members can apply for coverage if they are a dues-paying member of SMART TD living in the United States and working at least 20 hours per week.
Previously, SMART TD members had long-term disability insurance available to them through MetLife, but the MetLife plan ended April 1, 2019. The new plan is underwritten by Amalgamated Life Insurance Company. Members who were enrolled in the previous MetLife plan are guaranteed approved for a monthly benefit of up to $1,000 per month (2 or 5 years’ duration).
“Applying for the new Long-Term Voluntary Disability Plan (VDP) is easy, because Amalgamated Life Insurance Company uses simplified medical underwriting,” stated Carl Galdine, the VDP enrollment director. “With simplified underwriting, there is no medical exam, only a few medical questions on the application.”
Enrollment packets including a letter, a summary of benefits, and information on how to enroll were mailed to SMART TD members in May and June. Members can enroll online by visiting www.smart-vltd.com contacting their local field supervisor or by calling the SMART TD VDP Enrollment Center at 224-770-5328 and speaking with a benefit specialist.
Below are highlights of the new Long-Term Voluntary Disability Plan (VDP):
- Members can choose between a 2- or 5-year option
- Members can enroll in a monthly benefit ranging from $300 to $5,000 ($100 benefit increments) (monthly benefit may not exceed 60% of gross earnings)
- Previous MetLife participants are guaranteed approved for a monthly benefit of up to $1,000
- Benefit does not offset and pays in addition to all other benefits
- Benefit starts paying after 180 days (6 months)
- Pre-existing conditions are covered after 12 months on the plan
- Benefit covers members on and off the job (24-hour coverage)
- Benefit is not subject to repayment upon receipt of a FELA or personal injury settlement
- Members can retain coverage even if they are furloughed or suspended (portable)
“This new plan was designed to work well with the benefits that SMART TD members already have available to them,” Galdine said. “It stacks on top of all other benefits including the Voluntary Short-Term Disability Plan and RRB benefits. Also, this plan starts after a 6-month waiting period when RRB Sickness Benefits typically end.”
Open enrollment ends Nov. 30, 2019.
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.
Indiana Rail Road, with the backing of the major rail carrier organizations, has filed suit challenging a law requiring two people on freight crews in Illinois, the Courthouse News Service reported.
“The recent history of railroads confirms the wisdom of FRA’s expert determination that minimum-crew-size laws are neither necessary nor appropriate,” the carriers said in their filing. “In recent decades, technological breakthroughs have allowed railroads to gradually decrease average crew sizes—from about five in the 1960s to just two today—while compiling an ever-improving record of safety. Now, the nation’s railroads are poised to deliver even safer and more efficient service.”
The filing repeatedly referenced the Federal Railroad Administration’s withdrawal of its Notice of Proposed Rulemaking (NPRM) that occurred in late May. In the NPRM, FRA Administrator Ron Batory announced that his agency was acting with the intention to pre-empt any state laws regarding rail crew size. Indiana Rail Road, a regional railroad that operates over 250 miles of track in Illinois and Indiana, began using one-person crews in 1997.
The FRA’s NPRM withdrawal is being challenged in the Ninth Circuit Court of Appeals in Nevada by SMART TD, Illinois and a number of other states. Illinois on Aug. 9 became the seventh state overall and third this year to enact two-person crew legislation. The Illinois law is scheduled to take effect on Jan. 1, 2020.
The lawsuit, which also lists the Association of American Railroads and American Short Line and Regional Railroad Association as plaintiffs, was filed Sept. 30 in the U.S. District Court for the Northern District of Illinois Eastern Division.
SMART Transportation Division members are reminded that legislative representative and alternate legislative representative elections are scheduled to be held this autumn, with nominations to be taken in October and elections conducted in November.
Locals must solicit for the nomination of candidates in October seeking the four-year legislative offices. Those eligible to hold office as a legislative representative or alternate legislative representative must be qualified voters, meaning they are registered to vote in public elections. The duties of a legislative representative are listed in SMART Constitution Article 21B, Section 66.
Members are also reminded that any existing local vacancies should be addressed during these elections.
Local secretaries and secretary and treasurers should take steps now to ensure their records reflect accurate membership listings and mailing addresses.
As per the constitution’s Article 21B, Section 57, nomination meetings must be held in October, with election tabulations conducted in November. Winning candidates generally will assume their offices on Jan. 1, 2020. Those filling a vacancy, however, take office immediately.
SMART Constitution Article 21B, Section 58, contemplates an installation ceremony for officers named in Article 21B, Section 56. Elected officers who must present themselves at a regular or special meeting for installation within 60 days following their election include president, vice president, secretary, treasurer (or secretary-treasurer), and trustees. Section 58 does not apply to LCA officers, delegates, alternate delegates, legislative representatives or alternate legislative representatives.
In most cases, candidates must garner a simple majority of valid votes cast to win election to a Transportation Division office. (A simple majority can be thought of as 50 percent of votes, plus at least one more vote.) In the case of the Board of Trustees (or any other ballot position where voters are instructed to pick more than one of the candidates listed), winning candidates must obtain a majority of the ballots cast.
The process begins
For the local’s secretary or secretary and treasurer, the election process begins with an effort to update the membership roster, ensuring accurate addresses are on file for each member. Our constitution requires each member to keep the local secretary and treasurer advised of his or her current home address. At the same time, U.S. Department of Labor regulations and the Labor-Management Reporting and Disclosure Act (LMRDA) require the local to take steps to update addresses in advance of an election.
Members can update their address by contacting their local secretary, secretary and treasurer, or treasurer, or can do so themselves through the TD website.
Nominations
The local secretary must post a notice at least 10 days in advance of the October nomination meeting indicating when and where nominations for affected positions will take place. The notice should include which positions are open for nominations, and should indicate how nominations can be made, especially by those who cannot attend the nomination meeting. Notices should be placed in as many locations as needed to ensure it can reasonably be concluded that all members had an opportunity to see the notices.
All locals have been mailed instructional packets that include samples of the nomination notices which must be conspicuously posted where it can be reasonably calculated to inform all affected members. While nomination notices are not required by law to be mailed directly to all affected members, in light of recent court rulings, it is highly recommended that the postcards available for this purpose be obtained from the TD Supply Department and mailed to all members.
Nominations may be made by any member in good standing from the floor at the nomination meeting. Nominations do not require being seconded. Any member may self-nominate. If a member wishes to self-nominate or nominate someone else, but can’t attend the meeting, nominations can be entered through a petition. A nomination petition must state the name of the nominee, the position for which the member is being nominated, and must carry at least five signatures of dues-paying members in good standing. No nominations can be accepted following the close of the nomination meeting. A nominee need not be in attendance at the nomination meeting for the nomination to be valid.
If only one member is nominated for a position, that member can be declared elected by acclamation.
Members in E-49 status are eligible to run for office, but they cannot make nominations and they cannot vote. If elected, acceptance of pay from the company or the union creates a dues obligation.
In all cases, a notice of the election must be mailed to all members, including those in E-49 status (but not including retirees). If your local is conducting its election by mail, the mailed ballots can serve as the required notice of election, but such ballots must be mailed at least 15 days in advance of the date of tabulation and must be mailed to those in E-49 status. (The tellers will determine on the day of tabulation whether a member is in E-49 status and his or her vote should be counted.) The Department of Labor does not count the day of mailing as part of that 15-day window, but it does count the day of tabulation.
Those conducting floor votes can obtain postcards notifying members of the time, date and place of the election from our Supply Department. These notices must be mailed at least 15 days in advance of the date of tabulation.
Eligibility
To be eligible to vote, all dues and assessments must be paid within the time frame specified by the constitution. Article 21B, Section 49, indicates dues are to be paid in advance, before the first day of the month in which they are due. Eligibility to make nominations is similar. This means, for example, for a nomination meeting in October, the nominator must have paid all dues obligations prior to October 1. To vote in November, the voter must have paid all dues obligations prior to November 1.
More information
Members are encouraged to consult Article 21B of the SMART Constitution for information regarding elections. Unless an item within Article 21B directs you to a further stipulation outside of Article 21B, only the provisions found within Article 21B are applicable to Transportation Division elections. The local election process is addressed directly by Article 21B, Section 57.
Members can consult their local officers to examine the election guidance material distributed by this officer, or they can visit the S&T Tools page on the TD website and scroll down to the election guidance materials.
Questions?
There are many provisions not covered by this article, including those which address candidates’ rights and permitted means of campaigning. Those with election questions are urged to call the TD office at 216-228-9400.
Railroad employees covered under the National Railway Carriers/UTU Health and Welfare Plan or the Railroad Employees’ National Health and Welfare Plan are being mailed a notification of the online open enrollment period that begins Oct. 1, 2019, and ends Oct. 31, 2019, at midnight. The enrollment site is available 24/7 during the period. The information should be specific to the current enrollment for you and your eligible dependents.
The online enrollment capability provides the ability to view your personal information, add, delete and update dependent information, view enrollment materials, enroll in benefits for next year, and receive an immediate confirmation statement. There is no need to mail in a paper enrollment form. However, if you need assistance, have questions or require a paper enrollment kit, call Railroad Enrollment Services at 800-753-2692.
The enrollment website can be found at https://www.yourtracktohealth.com.
You are encouraged to visit the site and review all the information available. Use the login instructions at the end of this article to access and review your personal information and spend some time learning about the benefits and resources available on the site.
You will also be able to search medical provider networks.
It is required that covered dependent Social Security numbers (SSN) be provided to the Centers for Medicare and Medicaid Services (CMS). Please supply any missing Social Security numbers on the Dependent Information screen.
If you are currently enrolled in the Health Flexible Spending Account, the election and yearly contribution will not rollover to the new plan year. You must enroll in your Health Flexible Spending Account every year.
Instructions to log in to the site:
- Click “Login” at the upper right of the screen.
- If you have already registered, enter your username and password.
- If you have not yet registered, select “New User?” to complete your registration.
Once logged in, select the option to “Enroll Now for 2020,” located in the upper left corner of the screen.
Follow this link to view more information on the flexible spending account.
In an interview with Trains Magazine’s Ralph Spielman, New Jersey Transit (NJT) President and CEO Kevin Corbett said that the passenger carrier has much progress to make in its implementation of Positive Train Control (PTC) in order to meet the deadline for full implementation.
The carrier is currently in the testing phase of its system, especially the software, Corbett said, but the deadline isn’t far away.
“As it gets closer to the deadline, it’s a little bit like the Y2K scare. On Jan. 1, 2021, what’s going to happen? Will it impact scheduling? Will there be less flexibility? You won’t be able necessarily have someone run from the back to the front air brake for a quick mechanical fix. The software will be dependable and will mold the schedule, but with it, you cannot cut corners inappropriately. A lot of the veterans would say they would know how to respond safely [but] the thing is now it all has to be reset; It’s all in the software,” Corbett told Spielman.
All U.S. carriers are required to achieve full PTC function by Dec. 31, 2020.
Corbett also discussed recent equipment acquisitions by the carrier and the status of the North Portal Bridge project.
The entire exclusive interview is available on the Trains Magazine website. A subscription is required to access the full version.
Britnee Griffin, daughter of Mike Griffin (a yardmaster, alternate vice chairperson of GCA 347 and the president of Local 1963 in Louisville, Ky.), has been battling aggressive cancer since the spring. The medical bills for her family are mounting, and an online fundraiser has been established as the 26-year-old continues her treatment.
“The news has been overwhelming,” Britnee’s mother and Mike’s wife, Megan, posted on the online fundraising site GoFundMe. “We are asking for help with medical expenses. Prayers appreciated.”
What began as Stage 4 melanoma has spread to Britnee’s bones with spots on her skull, right shoulder and on both ribs. Cancer has also been found in her brain, lymph nodes, left breast and lungs. Megan Griffin said in an updated posted about two weeks ago that her daughter is in “unreal” pain. Doctors have prescribed pain medications and have decided to see if chemotherapy treatment for the next two months has any effect on the cancer.
“Any donation would be greatly appreciated,” Megan posted. “Thank you and God bless.”
To donate or to read more about Britnee’s cancer fight, visit the fundraiser on GoFundMe.com.
WASHINGTON, D.C. – Americans took more than 2.5 billion passenger trips on public transportation in the second quarter of 2019, according to the quarterly Transit Ridership Report released by the American Public Transportation Association (APTA), representing 11 million trips more than during the same period last year.
These second-quarter results show an increase of nearly 0.5% across all modes compared to the second quarter of 2018, APTAA said in a news release summarizing the report. This includes a rise of 1.44% for heavy rail, 3.54% for commuter rail systems, 0.5% in bus systems in population areas exceeding 2 million people, and 1.51% in systems in communities of less than 100,000 residents, APTA said.
Among commuter rail carriers that saw notable increases, the New York MTA’s Long Island Rail Road saw an increase of 10.6%. SMART TD represents employees of the carrier.
The full second-quarter APTA Transit Ridership Report is available here as a PDF.
As the National Transportation Safety Board continues to investigate an accident in Wyoming that killed two SMART TD members out of Local 446, it issued a pair of safety recommendations to Class I railroads and a recommendation to the American Short Line and Regional Railroad Association regarding train emergency brake communication.
Benjamin George “Benji” Brozovich, 39, and Jason V. Martinez, 40, both members of the Cheyenne, Wyo., local, died in the Oct. 4, 2018, accident. The NTSB recommendations follow.
To the Class I Railroads:
Review and issue guidance as necessary for the inspection of end-of-railcar air hose configurations to ensure the air hose configuration matches the intended design. (R-19-41)
Review and revise your air brake and train handling instructions for grade operations and two-way end-of-train device instructions to include: monitoring locomotive air flow meters, checking the status of communication between the head-of-train and end-of train devices before cresting a grade, and the actions to take if the air pressure at the rear of the train does not respond to an air brake application. (R-19-42)
To the American Short Line and Regional Railroad Association:
Alert your member carriers to (1) inspect the end-of-railcar air hose configurations to ensure the hose configurations match the intended design and (2) review and revise their air brake and train handling instructions for grade operations and two-way end-of-train device instructions to include: monitoring locomotive air flow meters, checking the status of communication between the head-of-train and end-of-train devices before cresting a grade, and the actions to take if the air pressure from the rear of the train does not respond to an air brake application. (R-19-43)
The NTSB investigation into the accident is ongoing. It issued a preliminary report on the accident last November.
Read the safety recommendations on the NTSB website.
When a severe weather event happens (such as a hurricane, typhoon, earthquake or wildfire), the last thing you or your healthcare provider are thinking about is Medicare. Concerns are about staying alive and what kind of home and property damage you will have. Your situation may be the most-stressful event in your life. When a disaster like the California wildfires or Hurricane Dorian hits, your survival is most important.
Medicare understands this.
For some disasters, like a hurricane or wildfires, the Secretary of Health and Human Services may declare a Public Health Emergency (PHE), which provides waivers for 90 days. In Hurricane Dorian, Medicare made accommodations in the states of Florida, Georgia, North Carolina, South Carolina, and the Commonwealth of Puerto Rico. In those states, providers have an extension on the time allowed to enroll providers or request appeals.
As a patient, you may wonder if Medicare will pay if you see another doctor outside of the disaster area or another sate to receive the care you need. Medicare/Railroad Medicare beneficiaries can receive services anywhere in the United States. The services must be medically necessary and a covered Medicare benefit.
Another concern when a disaster hits is what happens if you lose your Medicare card. If you’ve lost your card (and can’t remember the number) but need to see a doctor or other healthcare provider in an affected area before you receive a replacement card, Medicare advises providers to hold their claims until you receive your new card. It is your responsibility to inform the provider of your new Medicare number. If you need emergency care and do not have your Medicare card or know the number, providers should try to obtain your Medicare number from you or your family. If that fails to be successful, your provider can call Railroad Medicare to request the Medicare number. This should be a rare incidence.
If you have questions or need to obtain a replacement Medicare card, you can call our Beneficiary Customer Service Center at 800-833-4455, Monday through Friday, 8:30 a.m. until 7 p.m. ET to order a new one. For the hearing impaired, call TTY/TDD at 877-566-3572. You may also call the Railroad Retirement Board at 877-772-5772.
We encourage you to visit our website at www.PalmettoGBA.com/RR/Me and visit our Facebook page at www.Facebook.com/MyRRMedicare.