Six nominees to transportation-related agencies were confirmed by the U.S. Senate via unanimous consent Jan. 2, including three Railroad Retirement Board members.
Johnathan Bragg, Thomas Jayne and Erhard R. Chorle were all confirmed to the RRB.
Bragg, the labor member of the board and national vice president of the Brotherhood of Railroad Signalmen (BRS), will complete a term that expires this August and then commence a five-year term. Chorle, an Illinois attorney, will serve as RRB chairman with his term expiring in August 2022, and Thomas Jayne, a senior general attorney for BNSF, will represent management for a term that expires in August 2023.
Two vacancies on the Surface Transportation Board (STB) were also filled with the confirmations of Patrick Fuchs, who was a senior staff member of the Senate Commerce Committee, reporting to Chairman John Thune (R-S.D.), and Martin J. Oberman, a former chairman of Metra, as members. They each will serve five-year terms. The board now will have three of its five seats filled.
Finally, Joel Szabat was confirmed as the federal DOT’s Assistant Secretary for Aviation and International Affairs.

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Tom Cahill, local chairperson of LCA-049 (CSXT – B&O) and vice president of SMART Transportation Division Local 631 (Brunswick, Md.), was among the presenters at the first Trespasser and Grade Crossing Fatality Prevention Summit hosted by the Federal Railroad Administration in late October.
Cahill, a TD member since January 1997, started working on the railroad out of high school and described to the audience his experience during grade crossing collisions and trespasser incidents.
“None of the job interviews or job descriptions in the transportation sector ever covered what we’re talking about today,” Cahill said. “Nobody talked about the first time that you hit a car at a grade crossing or strike a trespasser that’s on the tracks.”
Those incidents, Cahill said, always have dual victims — the person or people who were struck and the train’s operating crew.
“I’ve been pretty lucky – some people have a trespasser injury or fatality every year,” Cahill said.

Tom Cahill speaks at the first Trespasser and Grade Crossing Fatality Prevention Summit in October.

Factors such as the location of the operator’s route and the time of day play roles in the frequency of trespasser and grade crossing incidents, but the biggest factor is a distracted public, Cahill said.
The usage of personal electronics has decreased situational awareness of trains by pedestrians to “dangerous levels,” he said. If a pedestrian is on or near tracks and distracted, the risk of an accident increases, especially if they’re wearing headphones or earbuds or looking at their smartphone.
“You’d be surprised by the number of incidents where a survivor would say they never saw or heard the approaching train,” Cahill said.

Trauma for crew

Cahill described to attendees two typical types of incidents that train crews experience – a person is struck and killed instantly or a person or people are struck and then are in need of immediate medical attention.
“In either case, after the train stops, it’s the conductor who is required to walk back to the carnage and do what he can to assist the injured and separate the train to open the road crossing for emergency responders’ vehicles,” he said.
It’s a 50-50 proposition whether the responders arrive on the side where the victim is, if they don’t, then treatment could end up being delayed and a life could be lost.
Separating a train to accommodate the emergency vehicles is always a two-person operation, Cahill said, because handbrakes must be applied to multiple cars by the conductor while the engineer remains in the cab to move the locomotive forward to make room for emergency vehicles.
Cahill made special mention that any reduction of a train’s crew to fewer than two people would likely reduce the survival rate of victims of trespasser-grade crossing incidents.
It also falls to the conductor, who usually sees the incident, to give first aid and to direct first responders.
After the incident, Cahill said, the engineer often will second guess whether the brakes were applied in a timely manner and whether the whistle was sounded in time or for a long enough period. While critical incident programs are offered by carriers to give people time off to recover and get counseling, the post-traumatic stress is difficult to overcome.
“It’s not always that easy,” Cahill said. “We take this home to our wives, to our mothers, to our children. Sometimes it’s hard for them to understand why we can’t just shake it off.”
He told the audience that he’s seen situations where over-the-road workers have been traumatized to the point where they will change to yard service to avoid going out on the road.
Cahill said that there tends to be an uptick of incidences in the fall and the holiday seasons.
The days getting shorter reduces visibility, depression may be setting in with some people with the approach of the holidays and winter.
“The suicides are the absolute worst for us because it’s generally not someone who sprints out at the last second and decides to take their life that way,” Cahill said.
He said often the person is already on the track, perhaps around a bend, awaiting the train.
“I’ve heard it too many times where the last thing the train crew sees or remembers is that person either looking up as the train approaches them or looking back as the train overtakes them,” Cahill said. “It’s very difficult for the train crew. There’s little you can do in those situations.
“It can take up to a mile for us to stop, and even if it doesn’t take that long, the damage is done as soon as we strike the person. It’s traumatic.
“We get back up and we go on and we continue out there. We just hope that we never have another one.”

What can be done?

Cahill presented a list of solutions endorsed by SMART TD to reduce the number of grade crossing and trespasser fatalities.
“We’re front line on this issue. SMART Transportation Division is committed to working with all the stakeholders to reduce crossing and trespassing fatalities,” Cahill said. “We want to be a part of identifying these areas and making sure that we’re doing everything we can to address and fix these incidents one by one to make things safer for the public and the train crews.”
Among them:

  • More supplemental safety measures such as four quadrant gates that close the entire crossing so cars cannot bypass the gates, even in poorly constructed intersections.
  • Use more channelization devices, such as concrete medians, to keep vehicles from crossing over to drive around gates.
    Install stationary horns at crossings that are pointed at motorists, an option that is louder and more focused in getting a driver’s attention.
  • Grade separations so that roads and tracks do not intersect are the best way to prevent crossing accidents, Cahill said. “It’s a money issue, but there’s nothing better than putting the motoring public above or below the railroad tracks,” he said.
  • Install more fencing, especially around rail yards and stations.
  • Permanently close as many grade crossings as possible.

The major factor is increasing public awareness, Cahill said. All grade crossing and trespasser fatalities are preventable, but he said that often the last thing that people are thinking about when they approach a railroad track is that there is a 20,000-ton freight train bearing down on them.
“It is critically important to educate the public on their obligations and how to stay safe when they’re around train tracks, rail yards and other places where they may be tempted to trespass on the railroad,” he said.

Making cents logo

Meet your Membership Representative teams

SMART Transportation Division has restructured at its headquarters to help assist Local Treasurers with the implementation and use of TD Connect and the eBill system.
As part of this process, a team of Membership Representatives has been assigned to provide specialized service to your local. These staff members will work to familiarize themselves with each of the locals they serve. With time and interaction with you, they will be able to provide specialized and efficient service to assist with your challenges as a Local Treasurer.
Beginning in January 2019, your Membership Representative team will be your go-to resource for any and all questions you may have as a Local Treasurer. If your Membership Representative is unable to answer your questions, they will escalate it to the appropriate person or department.
These assignments will be communicated to locals through introductory letters sent out with the December mailings or you can see them on the SMART TD website. Your team members will be available to help with any questions and concerns as the transition to TD Connect and the new version of WinStabs progresses.
Team members are:
Team A: Amanda Casale and Paula Grant
Amanda: 216-227-5239
Paula: 216-227-5268
Team email: MRteamA@group.smart-union.org
Team B: Kim Dissell and Greg Hengesbaugh
Kim: 216-227-5295
Greg: 216-227-5203
Team email: MRteamB@group.smart-union.org
Team C: Mike Vega
Phone: 216-227-5266
Team email: MRteamC@group.smart-union.org
Your team members will be in the SMART TD office between the hours of 8:30 a.m. and 5 p.m. EST. While we encourage you to do your best to contact your Membership Representative during office hours, SMART TD also is offering limited after-hours support to treasurers from Jan. 14, 2019, through Feb. 28, 2019. The after-hours support hotline is 216-227-5280, and it will be operational 5:30 p.m. to 9:30 p.m. EST Monday through Thursday and noon to 4 p.m. EST on Saturdays.
Follow this link for the full list of assigned Membership Representatives.

Questions
about the S&T’s roles and responsibilities?

Visit the S&T Tools page on the SMART TD website for guidance on getting the job done!

Still not sure?

Call the Field Support Help Desk at 216-227-5444. Drop-in help desk hours are 9a-5p (Central Time) M-W-F. Help desk appointments can be scheduled in advance for Tuesdays, Thursdays, weekends, and evenings. Call or email fieldauditor@group.
smart-union.org
to schedule an appointment.


Important dates

• Jan. 2 — First credentials for TD Connect are released.

• Jan. 7 to 9 — TD Connect workshop in Kansas City, Mo.

• Jan. 14 — First eBill is released on new system.

• Jan. 18 — Hotel registration deadline for Salt Lake City TD Connect workshop.

• Jan. 21 — Registration deadline for TD Connect workshop in Minneapolis, Minn.

• By January 31 — Quarterly Form 940 (FUTA) taxes must be deposited (FICA only):

https://www.eftps.gov/eftps
For more info: SMART TD guide to paying and reporting Form 940 tax

• By Feb. 20 — Treasurer’s annual report (TAR) for 2018 and Local President Financial Oversight forms are due to the TD office.


Two 2019 TD Connect workshops remain open!

The TD Connect workshops held over the autumn all filled to capacity and offered an overview to local S&Ts about the changes coming with the new eBill system. (Click on links to register):

  • January 7, 8 & 9, 2019 – Kansas City, Mo. at the Drury Inn and Suites, 7900 Northwest Tiffany Springs, Kansas City, MO 64153. WORKSHOP FILLED — waitlist available.
  • January 28, 29, & 30, 2019 – Minneapolis, Minn.at the Minneapolis United Labor Center, 312 Central Ave. S.E. Minneapolis, MN 55414. WORKSHOP FILLED — waitlist available.
  • February 11, 12 & 13, 2019 – Salt Lake City, Utah at the Double Tree by Hilton Salt Lake City Airport, 5151 Wiley Post Way, Salt Lake City, UT 84116. The workshop will be in the Bryce Room. Registration deadline is Feb. 4, 2019.

Workshop sessions will run from 9 a.m. – 5 p.m. on all three days. Click here for a flier with specific workshop details.
Space in these workshops is limited and you’re encouraged to register well in advance to secure your spot.
For additional information about these workshops or to be placed on a waitlist, call Alyssa Patchin at 216-227-5281 or email apatchin@smart-union.org.

Rolling into TD Connect

Step 1: Remit your December 2018 paper bill to the TD office.
Step 2: The TD office will supply TD Connect credentials for all Local officers and Local chairpersons by email and mail within two business days of receiving your last paper bill, but no earlier than Jan. 2.
Step 3: Close out your 2018 books in WinStabs 5.09.

  • Monthly taxes for November must have been paid by Dec. 15. Also, it’s recommended to pay December taxes by Dec. 28 to make closing out the year easier.
  • It’s recommended that outstanding checks older than 90 days be brought back as a returned check in WinStabs along with notifying the payee and financial institution. Use caution on applying a stop payment as it may result in a bank charge. If you have any questions regarding this matter, please call the help desk at 216-227-5444.

Step 4: Upload your 2018 year-end data from WinStabs 5.09 into TD Connect.
Step 5: Work your January 2019 eBill in TD Connect.
Step 6: Download WinStabs NMR from your Local home page in TD Connect. (see the “Installation of WinStabs-NMR guide”)
Step 7: Have member variances that you would like to request to be rolled over into eBill?


Websites hosted on utu.org domain are being retired

If your local is one of the 30 or so that have sites hosted on the utu.org web domain and the site has been updated in the last two years, you should have received an email from TD Senior Communications Coordinator Ben Nagy in late November notifying you of the impending retirement of these sites.

Effective Jan. 2, 2019, the utu.org-hosted sites will no longer be able to be updated and will be effectively frozen before being taken offline sometime in the near future. This is due to computer platform changes that have occurred in the years since those sites were introduced.
Locals who have one of these sites are encouraged to contact Nagy at 216-227-5283 or bnagy@smart-union.org to discuss Union Hall, a free web hosting tool and platform provided to SMART TD by the AFL-CIO.
If your local is interested in establishing its own website, the Union Hall platform could help get you and your local up and running at no charge. The AFL-CIO offers personalized training and the website setup takes less than a week. To get the process started, contact Nagy in the TD office at the phone number and email listed above.


Ask an Auditor

Q: I’m getting ready for the annual January audit of my local’s books. What do I need to do to be prepared for this process?
The annual audit (also known as the Treasurer’s Annual Report or TAR) is required by the SMART Constitution. Local trustees are to assemble in January and review the receipts and disbursements for the prior year before signing the report. The report is then presented at the local’s next meeting and copies are filed and submitted to the SMART TD offices before the Feb. 20 deadline.
The key step to getting the TAR ready is to ensure that all finances are in balance, which include all your Local’s checking, savings and investment accounts. All 12 bank statements for the entire fiscal year running January 1 to December 31 of the previous year need to be reconciled one at a time, and each must be in balance.
After balancing your accounts, use WinStabs to review any outstanding items that need to be resolved such as checks or disbursements that did not clear before Dec. 31. After these are balanced, WinStabs will notify you that the account is balanced and you are then ready to print out your report for the trustees to review and sign.
Local Trustees must understand and agree with what is in the report in order to sign it. After the three Trustees have signed, the report should be mailed to the SMART TD offices to the attention of the Field Audit and Support Department or scanned and emailed to Alyssa Patchin (apatchin@smart-union.org).
Additional details about filing the TAR are available on the SMART TD website in “SMART TD Guide: Preparing the TAR for Trustee Review.”
To submit questions to Ask an Auditor, email fieldauditor@group.smart-union.org.

The Associated Press reported Dec. 20 that an analysis by the federal Department of Transportation (DOT) did not take into account up to $117 million in damage reductions when considering the repeal of a Federal Railroad Administration (FRA) rule requiring the installation of electronically controlled pneumatic (ECP) brakes on tanker cars.
The DOT repealed the 2015 rule requiring the installation of the advanced braking system on DOT-117 tank cars that carry explosive fuels in late 2017.
AP reviewed federal documents and found that the damage estimates used by the DOT varied widely between the Obama administration, which enacted the ECP rule, and the Trump administration, which repealed the rule.
“Under Obama, the Transportation Department determined the brakes would cost up to $664 million over 20 years and save between $470 million and $1.1 billion from accidents that would be avoided,” the AP’s Matthew Brown wrote. “The Trump administration reduced the range of benefits to between $131 million and $374 million. Transportation department economists said in their analysis that the change was prompted in part by a reduction in oil train traffic in recent years, which meant there would be fewer derailments. But in making their calculations, they left out the most common type of derailments in which spilled and burning fuel causes property damage but no mass casualties …
“Department of Transportation officials acknowledged the mistake after it was discovered by the AP during a review of federal documents, but said it doesn’t change their decision not to install the brakes,” Brown wrote.
SMART Transportation Division supported the ECP brake rule for the safety benefits that would have been gained and in Nov. 2017 National Legislative Director John Risch made detailed comments to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in support of ECP braking technology.
The Association of American Railroads had lobbied for repeal of the rule since its 2015 inception.
Read the complete Associated Press story.

A GoFundMe online fundraising effort has been created in order to assist a Local 492 member who lost his home in the Camp wildfire that ravaged more than 153,000 acres of Butte County, Calif.
The home of Ervis R. Obregon Jr., a conductor with Union Pacific, was one of the nearly 14,000 residences destroyed by the fire, the most destructive in the state’s history. The fire killed 86 people and was only fully contained Dec. 12 after burning through almost all of November.
“Any help would be appreciated,” Local 492’s Chairperson Trevor Haddix said.
To contribute, visit https://www.gofundme.com/fund-for-teampy-affected-by-the-campfire.
The fundraiser also is assisting Obregon’s fellow TD Local 492 member Vincent Popovich and Brotherhood of Locomotive Engineers member Swede Hanski. Both of their homes survived the fire, but they still faced severe financial setbacks because of the disaster.

A ruling is expected in January on whether a lawsuit by a trio of CSX shareholders who have sued the carrier’s board over the hiring of late CEO E. Hunter Harrison in 2017 can advance, the Florida Times-Union reports.

E. Hunter Harrison became CEO of CSX in March 2017.

The 72-year-old Harrison sought an $84 million financial package when brought aboard from Canadian Pacific to lead the Jacksonville, Fla.,-based carrier in March 2017. Harrison began implementing his Precision Scheduled Railroad (PSR) strategy at CSX, resulting in reports of service disruption that led to a hearing before the federal Surface Transportation Board (STB).
Harrison died at age 73 in December, nine months after his hiring and just two days after the carrier had placed him on medical leave.
“CSX board failed to properly vet Harrison’s medical condition before agreeing to his demands involving compensation, reimbursement arrangements to be made with Mantle Ridge, and the addition of conflicted Board members,” the lawsuit claims. “Knowing that Harrison’s demands were extraordinary and outrageous, couple with their overriding fears concerning Harrison’s poor health, the Board resolved to see guidance from its shareholders and called a special meeting to do so.”
However, the lawsuit claims, after being influenced by CSX minority shareholder Mantle Ridge, the carrier’s board went ahead with the hiring and took the decision out of shareholders’ hands.
“Instead of taking proper steps to protect CSX and offload some of the financial risk of Harrison’s hiring, the board instead approved and disseminated false and misleading proxy statements to shareholders, and in doing so ensured that the outcome of the shareholder vote regarding the reimbursement arrangement was predetermined to favor Harrison and Mantle Ridge…” the lawsuit states.
More than 90 percent of CSX shareholders voted to support the reimbursements at the annual shareholder meeting in June.
“CSX’s Board knew about, hid and outright deceived shareholders about Harrison’s ill health and physical infirmities,” the lawsuit states.
The shareholders’ suit was originally filed in April 2018, dropped and then re-filed in mid-July. If Judge Kevin Blazs of Florida’s Fourth Judicial Circuit Court rules in favor of the shareholders, their lawsuit could move ahead to a jury trial, the Times-Union reported.
The lawsuit’s case number is 2018-CA-004625.

Lloyd W. “Corky” Swert, who served as United Transportation Union assistant president in the 1990s, passed away at his home in Hillsdale, Mich., on Wednesday.
He was 86.
Swert, a member of UTU Local 2 in Toledo, Ohio, hired on as a brakeman for the New York Central Railroad and joined the union in August 1953. He held a number of leadership positions in the UTU until his retirement in the mid 1990s, including being elected as general chairperson of Conrail North in 1975.

Swert was elected as a UTU vice president at the 1983 and 1987 conventions — he was unopposed in 1983 and re-elected by acclamation in 1987.
At the 1991 UTU Convention, he was elected to serve as assistant president, then retired at the conclusion of that term.
Swert made an appearance at the June 2004 UTU Regional Meeting in Reno, Nev., after a trying period for the union.
“All of us have to believe in ourselves and our union and be salespersons for the UTU,” he told attendees. “Collectively we can handle any problem and straighten out any difficulty.”
Swert is survived by his wife of 65 years, Nancy; two daughters, Lori (Richard) Amato of Mentor, Ohio, and Joy (Alex) Mismas of Santa Monica, Calif.; 12 grandchildren; 26 great-grandchildren; two sisters, Marthanna “Skip” Braman of Hillsdale, Mich., and Marilyn Bartaldo of Whitehouse, Ohio, and his beloved German shepherd, Trinka.
Visitation will be at 1 p.m. with funeral services immediately following at 3 p.m. on Sunday, Dec. 16, 2018, at VanHorn-Eagle Funeral Home, 40 S. Manning St., Hillsdale, MI 49242.
In lieu of flowers, memorial contributions are suggested to Hospice of Hillsdale County or Hillsdale Salvation Army.
View his full obituary on the Cleveland.com website.

Because of great demand, a new round of workshops has been added to help local treasurers learn how to use TD Connect, the new eBilling system that also manages member records. A series of five prior workshops scheduled for late 2018 filled to capacity. A second round was added, and one workshop already has been filled. Follow the links below to register.
Workshops are scheduled for:

  • January 7, 8 & 9, 2019 – Kansas City, Mo. at the Drury Inn and Suites, 7900 Northwest Tiffany Springs, Kansas City, MO 64153. WORKSHOP FILLED — waitlist available. Treasurers are encouraged to register for one of the two other workshops listed below.
  • January 28, 29, & 30, 2019 – Minneapolis, Minn. at the Minneapolis United Labor Center, 312 Central Ave. S.E. Minneapolis, MN 55414. Registration deadline is Jan. 21.
  • February 11, 12 & 13, 2019 – Salt Lake City, Utah at the Double Tree by Hilton Salt Lake City Airport, 5151 Wiley Post Way, Salt Lake City, UT 84116. The workshop will be in the Bryce Room. Registration deadline is Feb. 4, 2019.

A flier is available with additional information about hotel rates and the workshops (PDF).
Attendees also are asked to complete the online TD Connect Overview workshop before the first day.
Workshops will run 9 a.m. – 5 p.m. all three days and will educate local treasurers about the new TD Connect eBill system along with the newest version of WinStabs. Additional topics may include: maintaining payroll deductions, making proper disbursements, budgeting, record keeping, paying taxes and filing reports with authorities.
Attendance for each workshop is limited and spaces will be filled on a first-come basis. A waitlist will be made available for those interested in attending a workshop once one has been filled. Contact Alyssa Patchin at the TD offices to be placed on the list.
The sessions will include all training and materials at no cost to the local. However, the local is responsible for all other costs associated with the treasurer’s attendance at the workshop. Lost time or salary, travel, hotel and meal expenses connected with attendance may be reimbursed if pre-approved by the membership at the local meeting as an allowable expense of the local.
For more information or to be placed on a workshop waitlist, call Alyssa Patchin at the TD offices or email apatchin@smart-union.org.

The Surface Transportation Board (STB) chairwoman has asked Norfolk Southern’s CEO to keep the board apprised as the carrier begins to add elements of Precision Scheduled Railroading (PSR) to its operations, Trains Magazine reports.
The letter from Ann Begeman, sent Nov. 27 to NS CEO Jim Squires, requests that the carrier begin weekly conference calls with the STB to report operational changes, the magazine reported in an article posted Nov. 29.
The requirement of updates from NS mirrors the approach STB has taken in handling another Class I that is trying out PSR.
Union Pacific (UP) announced in early autumn that it also had begun adopting aspects of PSR as part of its “Unified Plan 2020” initiative. PSR is a strategy by the late CSX CEO E. Hunter Harrison that he implemented at both Canadian National and Canadian Pacific and requires cargo to be ready when rail cars arrive for loading or risk being left behind, among other aspects. Both Canadian carriers reported financial benefits after these implementations.
When Harrison moved to CSX in early 2017 and began adding PSR to that carrier’s operations, CSX received substantial criticism from shippers amid reports of service problems as the year progressed. This drew the attention of STB and resulted in a hearing before the STB to address the carrier’s difficulties.
To avoid a repeat of those problems encountered by CSX, a letter from the STB sent in September to UP sought weekly updates on the implementation.

A final rule published from the Federal Motor Carrier Safety Administration (FMCSA) permits medical examiners to allow commercial operators with insulated-treated diabetes to get behind the wheel without a months-long waiting period, Transport Topics reports.
The permission given by the rule, which went into effect in November, is contingent on a medical assessment and consultation between the operator’s physician and the carrier’s medical examiner.
“The rule eliminates a typical two- or three-month delay for diabetic drivers to navigate a bureaucratic process requesting an exemption from the Federal Motor Carrier Safety Administration after being automatically disqualified for having the condition,” Transport Topics’ Eric Miller wrote.
The rule was initially published in the Federal Register in September.
“This final action delivers economic savings to affected drivers and our agency, and streamlines processes by eliminating unnecessary regulatory burdens and redundancy,” FMCSA Administrator Raymond P. Martinez said in September when the final rule was initially announced. “It’s a win-win for all parties involved.”
Miller’s article about the rule is available on the Transport Topics website.