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ORLANDO, Fla. — House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.) wants to privatize Amtrak’s Northeast Corridor, which is seen by critics as a first step toward destroying Amtrak.

In his home state, Mica opposed using state funds for a now-mothballed high-speed rail project to link Tampa and Orlando.

Yet Mica is actively supporting state financing for construction of a $1.2 billion, 61-mile Orlando commuter rail project – SunRail — that, according to The New York Times, is ranked by the federal government “as one of the least cost-effective mass transit efforts in the nation.” Florida taxpayers could pay some $640 million of the project’s costs, says The New York Times.

SunRail would link suburban communities, requiring riders to use a bus at origin and destination.

Says The New York Times, “[S]keptics question whether Mr. Mica’s real goal is to give a taxpayer-financed gift to CSX, the freight rail giant and a generous Mica campaign donor, which would get $432 million for its tracks and for upgrades to tracks it owns elsewhere in the state.”

The newspaper quotes Republican FlorIda State Senator Paula Dockery that Mica’s “dedication to SunRail is not for mass transit — it is for helping CSX to get government funds for its private freight lines.”

Florida’s Republican governor, Rick Scott, froze state four contracts involving SunRail, says The New York Times.

FALLON, Nev. – An Amtrak conductor was killed and an assistant conductor seriously injured here June 24 when a tractor-trailer combination rammed the side of a double-deck passenger car of Amtrak’s westbound California Zephyr in a fiery crash at a highway-rail grade crossing. The crash site is some 70 miles east of Reno.

Lee

Killed was conductor and UTU Local 166 member Laurette Lee, age 68, of South Lake Tahoe, Calif.

Injured — a broken right arm and severed finger — was assistant conductor and UTU Local 166 member Richard d’Alessandro, age 49, of Elk Grove, Calif.
The truck driver also was killed, and news agencies are reporting at least four others dead, with scores injured — many having been trapped inside two burning passenger cars. The Nevada Highway Patrol said that because of the extent of the fire and damage to the passenger cars, the search for bodies continued into late Saturday.
Amtrak said some 204 passenger names were on the manifest, with 14 crew members aboard the train, which was utilizing Union Pacific track. The train was enroute from Chicago to Emeryville, Calif.
Lee, a mother of three, was from a railroad family. Her grandfather and great-grandfather were rails, her brother is an Amtrak dispatcher and her nephew, Ben Rankin, is an Amtrak conductor and member of UTU Local 1732 (San Jose, Calif.). A family member told the Contra Costa (Calif.) Times newspaper that Lee began her railroad career in 1988 as a baggage handler and later was promoted to conductor.
News reports say the U.S. 95 crossing at Fallon is equipped with warning bells, lights and gates. A National Transportation Safety Board spokesperson said an outward facing camera in the Amtrak locomotive recorded that the signals and gates were working. The NSTB spokesperson called the crossing safety devices, “state of the art” and said the signals should have been visible to the truck driver a half-mile from the crossing.
The NTSB, with assistance from the UTU Transportation Safety Team, is investigating the accident along with the Federal Railroad Administration.
“This is just a confirmation that the only safe grade crossing is a grade crossing that has been separated or closed,” said UTU National Legislative Director James Stem. “Until we adopt the Interstate highway values of no grade crossings, these accidents will continue.”
Heroic acts in saving passenger lives by UTU-member conductors  — one off duty and riding the train — have been told to NTSB investigators and will be reported at www.utu.org as the facts are developed.

WASHINGTON — In a 5-4 decision, the Supreme Court June 23 declined to tighten the standard of proof injured rail workers must demonstrate to win an award under the Federal Employers’ Liability Act (FELA).

The ruling is a significant victory for injured rail workers.

The FELA — a railroader’s most cherished workplace safety assurance — was passed by Congress more than a century ago to make railroads liable if an employee injury or death results “in whole or in part” from the negligence of any of its officers, agents or employees, or from any defect or insufficiency in equipment or roadbed.

At the time of the FELA’s passage in 1908, more than 4,000 railroaders were killed annually, and some 63,000 more suffered serious injuries each year.

The Supreme Court previously held that the FELA was “designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation.”

The June 23 Supreme Court decision turned on a crossover vote by conservative Justice Clarence Thomas, who joined liberals Ruth Bader Ginsburg, Sandra Sotomayor, Elena Kagan and Stephen Bryer to rule against CSX and in favor of an injured CSX locomotive engineer.

The engineer had won a monetary award from a federal district court after being injured on the job in 2004 while operating a locomotive that the engineer contended was not suited for switching operations.

CSX twice unsuccessfully appealed the trial court’s decision – the first before the 7th Circuit Court of Appeals and the second appeal before the Supreme Court. CSX contended in both unsuccessful appeals that injured rail workers should meet a more demanding standard of proof as is required in all non-FELA personal injury cases, not, as the trial court instructed the jury, that CSX was responsible for negligence if its negligence “played a part – no matter how small – in bringing about the injury.”

CSX sought a ruling that the employer’s action must be the “primary cause” of the injury. In fact, the “in whole or in part” language comes from the FELA itself, and that legislative language clearly impressed the Supreme Court’s majority in this case.

Writing for the majority, Justice Ginsburg said: “Juries in such cases are properly instructed that a defendant railroad ‘caused or contributed to’ a railroad worker’s injury ‘if [the railroad’s] negligence played a part – no matter how small – in bringing about the injury.’ That, indeed, is the test Congress prescribed for proximate causation in FELA cases.”

Earlier Supreme Court cases upheld the right of unions to advise injured workers to obtain expert legal advice, and the right of unions to designate legal counsel possessing specialized knowledge in railroad operations and the FELA.

A listing of UTU Designated Legal Counsel is provided at www.utu.org by moving the cursor to “About UTU” in the red horizontal bar at the top of the home page and then clicking on “Designated Legal Counsel.” A listing of Designated Legal Counsel also may be obtained from local union officers or your general chairpersons.

If you are injured on the job, the FELA and your UTU Designated Legal Counsel are the best friends you and your family have. These successful trial lawyers are specialists in handling FELA claims, and are fully experienced in dealing with railroad claim agents and railroad lawyers.

And remember: Contributory negligence is not a bar to recovering under the FELA; and the FELA prohibits railroads from retaliating against employees who provide Designated Legal Counsel with factual information on injuries to fellow employees, or who testify in support of injured workers.

Each FELA lawsuit sends to the carriers a message about improving workplace safety that they cannot ignore

To read the June 23 Supreme Court decision, CSX Transportation, Inc. v. Robert McBride, click on the following link:

www.supremecourt.gov/opinions/10pdf/10-235.pdf

International President Mike Futhey

SAN ANTONIO — Stronger protections for members, improved finances, successful organizing drives and superior wage and benefits agreements characterize the United Transportation Union in 2011, International President Mike Futhey told some 600 attendees in his state-of-the-union report at the first of two 2011 regional meetings here June 22.

“Before this administration took office Jan. 1, 2008, people said we couldn’t organize, couldn’t negotiate with carriers and couldn’t solve the union’s financial problems,” Futhey said. “We proved them wrong on each allegation. The UTU is stronger than ever.

“As this administration completes its fourth year in office,” said Futhey, “an average of one new air, bus, rail or transit property has been organized every seven weeks, two national rail agreements have been negotiated providing a combined 40 percent wage increase, the latest tentative agreement provides the highest increase in excess of the Consumer Price Index in the UTU’s 41-year history, and UTU and UTUIA finances have been improved dramatically.

“The UTU Collective Bargaining Defense Fund helped finance a petition drive in Ohio that put on hold – pending a November voter referendum — a bill to eliminate collective bargaining rights,” Futhey said. “In Wisconsin, UTU members were among the leaders of a successful petition drive forcing supporters of an anti-union bill to face recall elections in July and August. The Ohio and Wisconsin efforts forced political extremists in Indiana to shelve legislation to eliminate collective bargaining rights.

“UTU political activism has awakened and outraged voters in numerous states where political extremists are attacking middle-class values, including efforts to curtail their ability to vote through tougher registration procedures and fewer absentee voting days,” Futhey said. “We will do all we can to protect the integrity of the voting system.”

At the UTU International, said Futhey, automated billing and auditing, coupled with targeted cost cutting, reassignment of functions and upgrading of information technology allowed International funds to increase from $7.5 million to nearly $16 million. “There is no proposal for a dues increase at the upcoming quadrennial convention,” Futhey said.

The Discipline Income Protection Program reserve fund was turned from a $2 million loss in 2007 to a positive balance of more than $5 million today, “allowing sufficient funds to provide the protection UTU members expect and deserve,” Futhey said. “The UTU Insurance Association surplus has been made stronger and now stands at near $26 million.

“Our computer-based UTU University – a classroom without walls – is training officers to better serve their members at the negotiating table and in grievance handling,” Futhey said. “The awards data search engine has been improved, regional meeting workshops have been expanded to meet member requests, iLink provides better access to controlling awards and offers secure chat rooms for various levels of elected officers to exchange information and ideas.”

Among other achievements cited by Futhey:

  • The redesigned UTU website includes a Membership Toolbox with answers to member concerns and questions; and allows a feedback to UTU officers. “Member questions and concerns will be answered,” Futhey said.
  • A federally funded agreement was reached with Amtrak for the UTU to train employees to deal with unruly passengers; and another is being finalized with Terminal Railroad Association of St. Louis to train workers to recognize, respond to and report terrorist threats. Discussions are underway to expand these training programs to other carriers.
  • Legislative activities succeeded in gaining conductor certification, minimum training standards, a requirement that an injured employee’s doctor — not the carrier — determine when to return to work, a prohibition against denying injured workers medical care or disciplining them for reporting injuries, and installation of positive train control.
  • The UTU is working with friends in Congress to amend the Rail Safety Improvement Act to require a 10-hour call for all unassigned road service; allow regular yard jobs only eight hours off-duty between shifts; require yardmaster assignments be covered by hours-of-service provisions; require advance notice of interim release periods; and a limitation on limbo time to a maximum of two hours for each tour of duty.
  • On behalf of our bus and transit members, the UTU is working to gain limitations on revocation of a commercial driver’s license for traffic violations when operating a personal automobile, a better appeals process for drivers taken out of service, limitations on civil actions against drivers, mandatory training for drivers, federal grants to assist with training of bus officers in negotiating skills, and greater flexibility to use transit capital grants for operating costs to preserve service and jobs.
  • On behalf of airline members the UTU is working to preserve Essential Air Services grants and improve safety provisions for pilots and flight attendants.
  • The UTU is working within the AFL-CIO to prevent privatization of Railroad Retirement, Social Security and Medicare. “Political extremists will not mess with your retirement,” Futhey said.

“This administration has delivered on its promises,” Futhey said. “Our record speaks for itself. We will never back up. We will never back down. We will always move forward.”

 

WASHINGTON – Legislation to privatize Amtrak’s Northeast Corridor, as a first step toward destruction of Amtrak, will almost certainly be dead-on-arrival in the Democratic-controlled Senate, and will face a tough challenge in the Republican-controlled House; but the authors of the bill – House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.) and House Rail Subcommittee Chairman Bill Shuster (R-Pa.) – continue to press ahead.

And beyond the slim likelihood this legislation might pass both the House and Senate, it is highly unlikely to survive a judicial challenge.

According to the senior Democrat on the House Transportation & Infrastructure Committee, Rep. Nick Rahall of West Virginia, the bipartisan Congressional Research Service reported to him that the Mica/Shuster proposal is probably unconstitutional.

The Mica/Shuster bill violates the Appointments Clause and the Takings Clause of the Constitution, Rahall said in referencing the information he obtained from the Congressional Research Service.

The Transportation Trades Department of the AFL-CIO warned that the Mica/Shuster proposal would cancel labor agreements covering all of Amtrak’s unionized workers, and eliminate coverage under the Railway Labor Act and the Railroad Retirement Act.

Sen. Frank Lautenberg (D-N.J.) previously said the Mica/Shuster bill has “no legs” in the Senate. Nonetheless, said a UTU official, “The legislation remains a rat hole worth watching, and our National Legislative Office will work diligently toward its defeat.”

WASHINGTON — The Federal Railroad Administration will soon publish final rules instituting conductor certification and imposing new hours-of-service limitations on intercity passenger-train and commuter employees in safety sensitive positions.

FRA Associate Administrator for Safety Jo Strang made the announcement at the UTU’s regional meeting June 21 in San Antonio, Texas.

She observed that since former UTU Illinois State Legislative Director Joe Szabo became FRA administrator, the partnership between the UTU and the FRA in seeking improved workplace safety “has certainly been strengthened.”

Conductor certification, which becomes effective Jan. 1, 2012, “recognizes the level of professionalism required by our conductors today,” Strang said.

A notice of proposed rulemaking on conductor certification was published in November and is the product of a collaborative effort through the FRA’s Rail Safety Advisory Committee, which includes carriers, rail labor and the FRA.

UTU members serving on the RSAC Conductor Certification Working Group include Local 1470 Chairperson David Brooks, General Chairperson (CSX, GO 049) John Lesniewski, Local 538 Legislative Rep Ron Parsons, Local 645 Local Chairperson Vinnie Tessitore, National Legislative Director James Stem, Alternate National Legislative Director John Risch, and UTU safety consultant Larry Mann.

Strang said the passenger hours-of-service regulation will apply sleep science and fatigue management to railroad hours-of-service, “which is the first time in our industry’s history that this has been done. It recognizes the inherent differences between freight and passenger service.”

For example, intercity passenger and commuter railroads operate on fixed schedules. Commuter railroads operate primarily during daylight hours, and most commuter employees return to their home terminals every night.

The passenger hours-of-service regulation will “balance the need to manage fatigue with the need to maximize income,” Strang said. “The rule also recognizes the significant safety contribution that a defined start time has for the employees involved. When the employee knows when they must report for service, they can manage the necessary lifestyle adjustments. The outstanding safety record of our passenger and commuter rail operations is an excellent example of just what it means to have a regular start time.”

Strang also mentioned risk reduction programs, acknowledging that their FRA-sponsored implementation on some railroads “have earned a bad reputation. Let me be clear about FRA’s viewpoint,” Strang said. “Building strong safety cultures can only be accomplished through the establishment and nurturing of voluntary risk mitigation policies and procedures — setting realistic benchmarks and milestones, and favoring constructive corrective behavior over punitive discipline. To be clear, both railroads and labor have to define boundaries since compliance with the rules is at the heart of safety.

“Railroads have had the same culture for 180 years,” Strang said. “We have been trying to change it for five years.”

WASHINGTON – In a move organized labor has long pushed for, the National Labor Relations Board (NLRB) June 21 proposed new representation-vote rules that will speed-up the voting process and give more transparency to employer actions intended to discourage a “union, yes” vote.

NLRB rulings impact UTU Bus Department members. Rail and airline labor relations are administered by the National Mediation Board.

The NLRB ruling – intended to reduce time-consuming litigation prior to a rep vote, and ensure information about organizing drives is disseminated more quickly — is open for public comment for 75 days, after which the NLRB is expected to issue a final rule.

“The UTU has long been pushing for transparency and streamlining of the rep-vote process,” said UTU National Legislative Director James Stem. “This will restore some level of integrity to the rep-vote process, which has been subject to manipulation by employers.”

Under the proposed rule, employers no longer would be able to delay rep-votes through legal challenges over which employees are eligible to vote. Instead, such litigation would be allowed only after the rep-vote has taken place.

Additionally, the NLRB proposes to allow electronic filing of authorization cards and requests for a rep-vote; and a requirement that employers provide, in a timely manner to union organizers, a voter list of all employees, including phone numbers and email addresses.

The NLRB also proposes that employers disclose the identity of all consultants hired to provide “advice” to the employer on how to respond to organizing drives, or who write materials used by the employer to communicate with workers about the organizing drive. Currently, employers need only provide the identity of consultants who communicate directly with workers.

Friends and former co-workers of UTU Local 1177 member Corey Kluver will hold a fundraiser for the Kluver family Saturday, June 25.
Kluver, a 31-year-old BNSF conductor and father of three, lost both legs in a Willmar, Minn., rail yard accident Feb. 3.
The benefit, including a luncheon, bake sale and silent auction, will be held from 11 a.m. to 3 p.m. at American Legion Post 537 in New London, Minn.
Donations may also be sent to the Corey Kluver Benefit Account, Lake Region Bank, Box 1740, Willmar, MN 56201.

A new year under the Railroad Unemployment Insurance Act for unemployment and sickness benefits begins July 1.

The maximum daily benefit rate payable remains at $66 in the new benefit year.

Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods. Thus, the maximum benefits for biweekly claims will continue to total $660.

During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period.

Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will normally not be required to serve another waiting period because of the onset of the new benefit year.

To qualify for railroad unemployment or sickness benefits in the benefit year beginning July 1, an employee must have had railroad earnings of at least $3,325 in calendar year 2010, not counting more than $1,330 for any month. Those who were first employed in the rail industry in 2010 must also have at least five months of creditable railroad service in that year.

Under certain conditions, employees who do not qualify in the new benefit year on the basis of their 2010 earnings may still be able to receive benefits beginning July 1.

Employees who received normal benefits in the benefit year ending June 30, might still be eligible for extended benefits.

Ten-year employees may be eligible for accelerated benefits, if they have rail earnings of at least $3,325 in 2011, not counting earnings of more than $1,330 a month.

Application forms for unemployment and sickness benefits may be obtained from railroad employers, UTU local or general committee offices, any Railroad Retirement Board (RRB) office, or the Railroad Retirement Board’s website at www.rrb.gov.

Applications for unemployment benefits may be filed on-line.

Since November 2010, claimants have been able to file biweekly claims for sickness benefits over the Internet as well. However, rail employees who miss work due to illness or injury still must file a paper form that serves as their initial application for sickness benefits.

To access Railroad Retirement Board online services, employees must first establish an RRB Internet Services account. For security purposes, first-time users must apply for a Password Request Code, which they will receive by regular mail in about 10 business days.

To do this, employees should click on “requesting a Password Request Code (PRC)” in the “Benefit Online Services Login” section of the www.rrb.gov home page.

Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet.

Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services. Employees who have already established online accounts do not need to do so again.

Claimants with questions about unemployment or sickness benefits should contact an RRB office by calling toll free at (877) 772-5772. Field office locations can also be found online at www.rrb.gov.

The number of trailers and containers hauled by major U.S. railroads hit its highest peak for 2011 during the week ending June 11, but the increase in train and engine service workers slowed from previous months.

Major U.S. railroads originated more than 237,000 trailers and containers for the most recent week reported by the Association of American Railroads. That was some 3,000 more than the previous high reached the week of May 28.

The number of train and engine workers on Class I railroads reached 63,078 in May – up 6.6 percent from May 2010, but up only 0.33 percent from April 2011.

Here are the total number of train and engine workers employed by the major U.S. railroads in May, as reported by the U.S. Surface Transportation Board:

Union Pacific 19,828
BNSF 16,053
Norfolk Southern 11,726
CSX 10,719
CN (GTW & IC) 2,074
CP (Soo) 1,412
Kansas City Southern 1,266

 

 

 

 

 

Additionally, Amtrak employs 3,433 train and engine workers.

Train and engine workers are the largest category of Class I employees.

Train & Engine 63,078
Maintenance of Way 36,021
Shopcraft 28,963
Professional & Admin. 13,546
Exec. & Officials 9,231
Transp. (non-T&E) 6,678