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Members of the UTU National Rail Contract Negotiating Committee, assisted by International officers and general chairpersons, are barnstorming the nation, holding face-to-face meetings with members to explain the tentative agreement and respond to questions.

The meetings began last week and continue through early August — prior to voting packages being mailed to some 38,000 members eligible to vote on the agreement.

A slideshow, shown at these meetings, provides an overview of the agreement; and a link to that slide show is found below.

A listing of meeting locations and dates can be found be clicking on another link, below.

A link also is provided to a webpage with additional information, including a link to the actual agreement.

Key points being explained to members include:

* The 17-percent wage increase is substantially higher than the rate of price inflation in 2010 and 2011, and the Department of Labor’s estimate of price inflation in subsequent years.

* The wage increase actually is 18.24 percent compounded, because each annual sequential wage increase is computed on the wage base increased by the previous year’s wage increase.

* This agreement exceeds the level of price inflation by more than any previous national rail agreement in the 41-year history of the UTU. Although the excess of the wage agreement over price inflation may appear greater in the 1970-1973 agreement (as shown graphically in a slide), that agreement didn’t account for cost-of-living adjustments; and there were givebacks, including changes in interdivision service, road-yard demarcation and run-throughs. There are no givebacks in the current tentative agreement.

* Price inflation, as computed by the Department of Labor, includes increases in costs of such items as food, autos, gasoline, clothing and other consumer goods and services. Wages that exceed price inflation provide members with greater everyday purchasing power.

* The $200 monthly cap on health care insurance assures that members will pay considerably less than is being paid by federal workers and workers in the private sector (as shown graphically in a slide). That slide also shows that were this agreement not ratified, and the existing formula for health care insurance premiums continued, members would pay considerably more than $200 monthly.

* Health care costs have been rising dramatically – more than doubling since 2000; and UTU member health care insurance premiums doubled from $100 monthly to $200 monthly in the previous agreement. This tentative agreement has provisions to help bring these costs under control, while improving the quality of health care (shown in several slides). Without bringing health care costs under control, members would face considerably higher premiums in future years.

* A significant provision in this tentative agreement maintains the $200 monthly cap for 6 ½ years, or 18 months beyond the reopening of the contract. There are certain to be increases in existing health care insurance premiums for federal workers and other private sector workers during this period – workers already paying considerably more than the $200 monthly cap provided in this tentative agreement.

* While it is alleged by some that the UTU National Rail Contract Negotiating Committee could have extracted more from the carriers owing to record-profits of major railroads party to the agreement, the fact is that carrier profitability has been ruled by neutral arbitrators not to be a valid reason for increasing wages.

* Said Arbitration Board No. 559 in 1996: “We do not think that ‘bigness’ alone or profits by themselves are permissive reasons for recommending wage increases … in our view, the union’s claim that current profit levels justify greater wage increases does not fly.”

* Were this agreement not to be ratified, third parties would decide. A presidential emergency board would consist of neutrals, all aware that President Obama froze wages of federal employees for two years, that federal employees’ health care premiums are more than double the $200 cap in this tentative agreement, that 46 million Americans have no health care insurance, and millions of unionized workers have suffered wage cuts, loss of health care benefits and loss of pensions.

* Presidential emergency board recommendations are subject to congressional amendment. The committee of jurisdiction will be the House Transportation & Infrastructure Committee, whose chairman, Rep. John Mica (R-Fla.), proposes eliminating Amtrak and slashing transit funding, and opposes union representation of Transportation Security Administration workers. Moreover, the anti-labor Republican leadership in the House proposes folding Railroad Retirement into Social Security and privatizing Social Security and Medicare.

* Historically, rail unions do poorly after rejecting tentative agreements. Many members recall the devastation in 1991 of PEB 219 recommendations, when two of the most labor-friendly lawmakers – Rep. John Dingell (D-Mich.) and Sen. Ted Kennedy (D-Mass.) — chaired the committees of jurisdiction. 

* As National Legislative Director James Stem counsels: “This agreement provides significant financial improvement and economic stability for our families. Any other option would be a big gamble we cannot afford to take.”

To download a .pdf version of the presentation, click here.

To view the listing of meetings scheduled for locals, click on the following link:

https://www.smart-union.org/news/utu-announces-meetings-on-tentative-rail-pact/

To view the webpage with more comprehensive information on the tentative contract, click on the following link:

https://www.smart-union.org/td/2011-national-rail-contract/

 

Doyle Turner

ATLANTA — The UTU has reached a tentative agreement on behalf of train and engine workers employed by Fulton County Railway, a 20-mile-long OmniTrax-owned shortline on the west side of Atlanta.

The shortline operates over CSX-owned track, serving warehouse and light manufacturing companies in an industrial park. 

The Fulton County Railway train and engine workers selected the UTU as their bargaining representative in August 2010, after meeting with UTU organizers Rich Ross and Mike Lewis.

UTU General Chairperson Doyle Turner (CSX, GO 347) led the lengthy negotiations, with National Mediation Board mediator John Livengood helping bring the sides together. The tentative agreement now goes out for member ratification.

“What we are trying to do is bring parity in wages, benefits and work rules to the thousands of employees in the shortline railroad industry, in addition to the many other protections offered by union membership,” said Turner, who heads the UTU’s shortline-railroad initiative.

“The seniority, scope and discipline rules these members now enjoy are what makes union membership valuable,” Turner said. “They help ensure that these members will have the protections they deserve.”

Turner praised UTU International President Mike Futhey for his “commitment to organizing the unorganized employees on shortline railroads.”

Fulton County Railway should not be confused with Fulton County Railroad, an independent 13-mile shortline in Indiana.

Sturdy confirmation of the value of the UTU Collective Bargaining Defense Fund emerged from a Wisconsin vote tally this second week of July – the second of three heats in a race to unseat anti-labor senators in special recall elections.

Wisconsin voters, awakened to and energized against anti-labor efforts of political extremists in their state legislature, cast majority ballots for labor-friendly candidates in primary elections.

The primaries were in advance of Aug. 9 special elections to recall state senators who earlier this year voted to strip Wisconsin public employees of their collective bargaining rights.

As Wisconsin has an open primary and no party registration, the labor-friendly candidates (all Democrats) found themselves pitted against Republican political extremists who entered the Democratic primaries as sham Democrats. They had hoped to win the primaries and assure either their own victory or victory for the incumbents they would face when the recall elections are held Aug. 9. The sham tactics failed.

Indeed, Wisconsin voters knew the difference between the real labor-friendly candidates and the sham candidates because of shoe-leather exertions by union members in Wisconsin. They knocked on doors, handed out educational materials and urged voters to go to the polls. Those successful efforts – as well as the earlier successful petition drive to force the recall elections — were supported by the UTU Collective Bargaining Defense Fund.

Legislative attacks on organized labor in Wisconsin – duplicated in Ohio, where organized labor’s counter offensive also is proving successful – is part of a more expansive effort among political extremists nationwide to destroy organized labor, fold Railroad Retirement into Social Security, privatize Social Security and Medicare, eliminate Amtrak and starve other public transit operations of funds.

The UTU’s political consultant, Dean Mitchell, said, “The UTU Collective Bargaining Defense Fund made a difference by working with the Wisconsin AFL-CIO on member-to-member communication. UTU members in Wisconsin were contacted through phone calls and special mailings, urging them to vote in the Wisconsin primary. UTU International President Mike Futhey also hosted a town hall meeting via telephone with UTU active and retired members in Wisconsin.

Mitchell has been coordinating a multi-state effort among UTU legislative directors to educate voters to the threat posed by political extremists and to energize UTU members and retirees and their families to be politically active.

That communication effort will be duplicated in advance of the Wisconsin recall elections Aug. 9.

In Ohio, the UTU Collective Bargaining Defense Fund helped to fuel a petition drive that put that state’s anti-labor legislation on hold pending a voter referendum in November. The fund is also assisting with efforts in other states to block anti-labor efforts advanced by political extremists.

Activities fueled by the UTU Collective Bargaining Defense Fund have spawned media attention, which in turn helps to educate large numbers of middle-class voters to the anti-labor agenda of political extremists.

As evidenced in the Wisconsin primaries, voters are expressing anger with the attacks on organized labor even though many have never belonged to a labor union. They recognize that today’s attacks on labor unions are a prelude to a future attack on the middle class in America.

To learn more about the UTU Collective Bargaining Defense Fund, and how to contribute, click on the following link:

https://www.smart-union.org/collective-bargaining-defense-fund/
 

Sampson

Dirk Sampson, now acting general chairperson for Amtrak GO 769, issued the following update on wage, benefits and work rules negotiations with Amtrak following the death of General Chairperson Roger Lenfest.

Sampson will join with Amtrak General Chairperson Bill Beebe (GO 663) to lead those negotiations, with International Vice President John Previsich continuing to provide assistance.

Said Sampson: “We are continuing negotiations with Amtrak with a goal of obtaining an equitable agreement for our members. Certification and the interpretation of single days are important issues to Amtrak conductors and assistant conductors.

“With the continued efforts of both the general committees, and the assistance of International Vice President John Previsich, we will obain an equitable agreement.”

Sampson said the next negotiating session with Amtrak is tentatively scheduled for July 22.

WASHINGTON — America learned a tragic lesson a decade ago when armed terrorists gained entry to the flight decks of multiple commercial airliners. The results of 9/11 will live in infamy.

Inexplicably, neither railroads nor the federal government has moved to require the securing of locomotive cab doors and windows to prevent terrorists – whether foreign or domestic – from taking control of a train and wreaking a new calamity on Americans.

A similar security breach is possible at commercial bus terminals, and with commercial motor coaches, where drivers and passengers are vulnerable to armed attacks and hijackings.

That was the message delivered to the House Subcommittee on Transportation Security and Infrastructure Protection by UTU Alternate National Legislative Director John Risch July 12.

The FBI warned in 2002 that rail facilities are vulnerable to attacks by terrorists; and following the killing of Osama bin Laden, it was revealed he was planning an attack on railroads. Terrorist attacks already have been carried out on passenger trains in Madrid, Spain, and London, England.

Most chilling is a warning from the Chlorine Institute — that a terrorist-induced release of chlorine from a tank car could create a toxic cloud 40 miles long and 10 miles wide that could kill upwards of 100,000 people in an urban area within 30 minutes. In fact, a limited chlorine release from a tank car following a derailment in rural Graniteville, S.C., in 2005 killed nine and forced the evacuation of thousands.

Securing locomotive cabs is also essential for crew safety. In June 2010 in New Orleans, a conductor was shot to death and an engineer wounded in their locomotive cab during an armed robbery. In 1998, a commuter train was hijacked near Philadelphia; the engineer held at gunpoint.

“We believe it should be a requirement that all locomotives be equipped with locks for the doors and windows to prevent unauthorized entry into the operating compartment,” Risch told the subcommittee, which was seeking advice on how to enhance transportation security.

The UTU also recommends that fencing, video surveillance and security personnel be required for bus terminals, and that protective shields be installed on buses to protect drivers from unruly or deranged passengers.

Proper training of rail operating crews and bus drivers to recognize, respond to and report potential terrorist activities is a high priority of the UTU, Risch told the subcommittee.

“We need to adequately train bus, rail and transit workers across America so they are ready in the event of a terrorist threat or attack,” Risch said. “Properly training frontline workers is vital to surface transportation security, and is a cost-effective way to secure and safeguard our bus, rail and transit systems.

“In the event of an incident or attack, our members are the first on the scene — even before police, fire fighters, and emergency medical responders — and what they do in the first few minutes is crucial to minimizing destruction and loss of life,” Risch said.

The UTU already is working in partnership with Amtrak to develop a training program for on-board employees; and on Terminal Railroad Association of St. Louis, the UTU is helping to develop a program to train front-line employees on how to recognize, respond to and report potential terrorist activity. Although the UTU has reached out to other freight railroads for partnerships to develop similar safety training programs, railroads are hamstrung due to a lack of federal funding.

“Officials from the Federal Transit Administration and the Transportation Security Administration testified previously before Congress on the need for, and the inherent value of, worker security training,” Risch said. “Yet too little has been done to actually ensure that employees receive adequate security training.”

Although the congressionally passed 9/11 Commission Act mandated that all frontline rail, transit and over-the-road bus employees undergo live training exercises, receive training on evacuation procedures and are instructed on crew and passenger communications and coordination, little has been accomplished, and training mandates are long overdue, Risch said.

“This is unacceptable and further delay only perpetuates the existing dangers,” he said. “Security training should not be a one-time, check-the-box exercise. Regularly scheduled follow-up training is critical.”

Risch also recommended that major rail terminals, where chemicals are stored, be fenced and equipped with video surveillance and security personnel; and that outdated FRA window glazing standards be improved, as current standards protect against only small-arms fire such as a .22 caliber bullet.

“Workers must be treated as partners in the battle to protect our vulnerable bus, rail and public transit systems,” Risch said.

General Chairperson Roger Lenfest (Amtrak, GO 769), age 65, died July 10 following a short illness.
Lenfest, of Sicklerville, N.J., succeeded Al Suozzo as general chairperson following Suozzo’s death in March 2010.
Assistant General Chairperson Dirk Sampson becomes acting general chairperson for GO 769. Suozzo had held the post almost 18 years.
A member of UTU Local 898 (Boston), and a native of Vermont, Lenfest held UTU membership since March 1971. Earlier in his UTU officer career, Lenfest was a general chairperson on Boston & Maine (now part of Pan Am Railways).
GO 769 represents UTU conductors and assistant conductors on Amtrak (New York City south to Washington, D.C., and on non-Northeast Corridor Amtrak passenger trains nationwide), as well as on Massachusetts Bay Commuter Railroad, Virginia Railway Express, South Florida Tri-Rail and Los Angeles MetroLink.
In March, Lenfest and Sampson led negotiations with MBCR that resulted in a ratified agreement, and in May Lenfest led successful negotiations toward a new ratified agreement with South Florida Tri-Rail.
Most recently, Lenfest has been negotiating with Amtrak for a new agreement on wages, benefits and work rules. Sampson will succeed Lenfest at the negotiating table, joining General Chairperson Bill Beebe (Amtrak, GO 663) to lead those talks with Amtrak. UTU International Vice President John Previsich will continue to assist in those Amtrak negotiations.
Lenfest is survived by his wife, Debra, two sons, six brothers, a sister and three grandchildren.
Prayer service at noon Tuesday, July 19, with a calling time from 10 a.m. to noon at the Ingersoll-Greenwood Funeral Home, 1201 Central Ave., North Wildwood, N.J. In lieu of flowers the family requests memorials in his name to the Our Lady of Angels Church, 35 E. Mechanic Street, Cape May Court House, NJ 08210.
 

By Vic Baffoni
Vice President, Bus Department

I recently spoke with UTU Local 1785 (Santa Monica, Calif.) member William Alvarenga, who has driven a motor coach for more than 30 years and who has been commended for his safe and courteous driving record.

I asked Brother Alvarenga his recipe for success. “Put safety first and schedule second,” he said. “I treat passengers like I want to be treated, and I never, never let anything upset me while working.”

Baffoni

UTU bus members are the most dedicated and safe drivers in the country. They carry men and women to work, medical appointments, grocery stores and recreational outings. They also transport the most precious of cargos – children — to and from school.

Wise words. If we all strive to live by Brother Alvarenga’s simple rules, we will all succeed.

Not all is tranquil on our properties, however.

At many of our locations, we are experiencing an increase in disciplinary actions. Charges are being filed and harsher discipline is being assessed, along with more strict enforcement of work rules.

We have seen this before prior to and during contract negotiations.

Our remedy more strict enforcement of our contracts by our officers, and education of our members as to their rights under our contracts.

Your Weingarden Rights are very important. They take their name from a 1975 U.S. Supreme Court case (NLRB v. Weingarten) where the Court ruled that unionized employees possess a right to have a union representative present during investigatory interviews when a supervisor questions an employee to obtain information that might be used as a basis for discipline, or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

Never give up your right to be represented.

On a more pleasant note, congratulations are due those who worked so hard during recent representation elections, where workers voted, “UTU, yes.” The Bus Department will not work to deliver on our promises.

A former secretary-treasurer of UTU Local 997 (Camp Hill, Pa.) has been charged with embezzling union funds.

Brandon S. Borders, 47, of Harrisburg, Pa., was indicted by a federal grand jury on the charge, according to U.S. Attorney Peter J. Smith.

The indictment alleges Borders embezzled $12,500 between 2005 and August 2009. If convicted, Borders faces up to five years in prison and a fine of $10,000.

Two separate two-day online dialogues focusing on unique issues for women in blue-collar transportation careers are offered at no charge by the U.S. Department of Transportation.

July 11-15: How do we best describe and promote women working in skilled, blue-collar transportation-related careers?

July 25-29: How do we leverage existing programs that promote recruitment and hiring of women working in transportation-related trades?; and, What ideas, suggestions or strategies do you have for retaining and advancing women’s talent within your industry?

Participants in the dialogues will have the opportunity to submit, comment on, and rate ideas interactively with colleagues from across the country, creating a national exchange of ideas, suggestions and best practices for women in blue-collar transportation careers.

The online discussions will be accessible for 24 hours during their scheduled dates, and registered participants can easily log on from home.

For more information, visit www.dialogueforwomen.ideascale.com

WASHINGTON – The Republican leadership of the House Transportation & Infrastructure Committee will introduce legislation July 8 to slash Amtrak’s federal subsidy by 25 percent, prevent federal funds from being used to create additional rail passenger services unless they are high-speed projects, and cut federal transit funding by 30 percent.

Committee Chairman John Mica (R-Fla.), and Rail Subcommittee Chairman Bill Shuster (R-Pa.) have previously made known their dislike for Amtrak and intention to destroy the national intercity rail passenger network through funding cuts and privatization of Amtrak’s Northeast Corridor.

The senior Democrat on the Transportation & Infrastructure Committee, Rep. Nick Rahall of West Virginia, put the Mica/Shuster legislation in perspective: “The bill, as we have seen so far, cannot pass the [Democratic-controlled Senate].”

Opposition to the bill also is being voiced by the U.S. Chamber of Commerce, which has joined with the AFL-CIO to lobby against it. The UTU’s National Legislative Office already is working with members in the House and Senate against Amtrak and transit funding cuts.

Amtrak funding has previously and regularly been in the crosshairs of its detractors, and another tough fight is brewing. On Amtrak’s — and transit’s — side are tens of millions of Americans who continue to make clear to their elected congressional lawmakers that they want more, not less, rail passenger and transit service.

The proposed cuts for Amtrak and transit are contained in a six-year bill entitled, “The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or SAFETEA-LU.” Senate Democratic leaders are pushing for a two-year bill that would be more generous toward Amtrak and transit – although at lower spending levels than sought by the Obama administration.

The House bill would also extend the deadline beyond 2015 for implementation of positive train control (PTC).

The bill also would remove a federal requirement that states use Highway Trust Fund revenue for non-highway transportation purposes, such as mass transit; but would allow states to make such decisions unilaterally.

There are, however, provisions in the House bill that have been sought by the UTU – and those provisions are expected to survive. They include:

  • Increasing a low-interest loan program for state transportation projects.
  • Encouraging states to create and capitalize state infrastructure banks to provide loans for transportation projects.
  • Improving transit options for the elderly and disabled.
  • Insulating motor carrier safety programs from any spending cuts.
  • Requiring federal regulators to keep unsafe buses off the road.
  • Improving access to the Railroad Rehabilitation and Improvement Financing (RRIF) program; and making high-speed rail projects eligible for RRIF loans.
  • Strengthening the rail transit safety oversight program.
  • Establishing annual inspection programs for buses.
  • Requiring regulations to establish minimum training requirements for commercial drivers.