UTU Amtrak conductors and yardmasters are currently in mediation with regard to an amended wage, benefits and working conditions agreement.
The UTU and Amtrak are far apart on a few difficult issues.
At this time, the parties are exploring alternative methods of interest-based resolution. This may or may not work. The UTU and Amtrak have an accelerated schedule with dates in January.
It will be known at the end of these sessions whether this approach has any hope of success, or if it will be necessary to go down the traditional path of self-help under provisions of the Railway Labor Act.
“Every Amtrak employee should be placed in a productive position that supports the needs of customer service and managed growth of operations,” UTU National Legislative Director James Stem told Congress Nov. 28.
“Amtrak operating crews are among the most productive workers in that system and our members are ready and eager to work,” he said in testifying before the House Transportation and Infrastructure Committee. “Assign us a train and provide for instructions and where to go, and our members will show up for duty and get Amtrak passengers to their destination safely and on time. We in labor are Amtrak’s partners.”
Stem praised Amtrak’s Next Generation Plan that “provides a road map for improved service and identifies the funding requirements. But for us to succeed, Congress must provide Amtrak with consistent and predicable multi-year funding for modernization and capacity upgrades. Amtrak’s Next Generation Plan for the Northeast Corridor will cut the transit time in half between Washington, D.C.’s Union Station and New York’s Penn Station, as well as between New York and Boston.
“What Amtrak really needs is dramatic increases in capital investments,” Stem said. “Capital spending to increase speeds and upgrade Amtrak’s infrastructure is the ticket to transporting American’s in a cost effective and energy efficient manner.”
Stem reminded lawmakers that “Amtrak also plays a central role in financing Railroad Retirement, which is a self-funding pension, unemployment and disability benefit program that covers almost one million active and retired railroad workers. Changes in the financial treatment of Amtrak, such as significant funding cuts or passenger rail privatization, could jeopardize the solvency of the system.
“Americans want a national intercity rail passenger network, and Amtrak is uniquely able to fill that need. Highways and commercial aviation will not alone meet the nation’s future passenger transportation needs and demands. The coordination of air and rail passenger services should be mandated to free more air slots and provide timely rail services for shorter travel distances.”
Stem also made clear labor’s “full support for the expansion of our freight rail capacity. Amtrak and our freight railroads work together as partners and both have capacity needs that can be mutual goals. We support the expansion of Amtrak services and understand that this expansion must also address the capacity needs of our freight rail partners.”
UTU National Legislative Director James Stem, right, testifies before the House Transportation and Infrastructure Committee Nov. 28 with Amtrak President and CEO Joseph Boardman, left, and Amtrak Inspector General Theodore Alves.
The UTU Transportation Safety Team is assisting National Transportation Board investigators following an Oct. 21 derailment of an Amtrak passenger train in Niles, Mich.
News reports indicate the investigation initially is focusing on whether the train was on the wrong track.
Some 174 passengers were on board, according to news reports, and seven passengers and two crew members were treated at area hospitals for non-life-threatening injuries.
The Republican National Convention has made it official and in writing – the Republican Party, its presidential candidate Mitt Romney and its vice presidential candidate Paul Ryan are in agreement to end all federal funding for Amtrak and high-speed rail.
Romney previously signed on in support of a Ryan budget proposal Ryan introduced in Congress as a member of the House of Representatives. That proposal, which was approved by the Republican-controlled House – but not the Democratic controlled Senate – was to slash guaranteed federal funding for mass transit, and fold Railroad Retirement into Social Security and cancel all Railroad Retirement benefits in excess of what is paid by Social Security.
Here is what the Republican platform says about Amtrak:
“Amtrak continues to be, for the taxpayers, an extremely expensive railroad … It is long past time for the federal government to get out of the way and allow private ventures to provide passenger service to the Northeast Corridor. The same holds true with regard to high-speed and intercity rail across the country.”
What neither the Republican platform nor Romney and Ryan acknowledge is that no passenger rail system in the world earns a profit, and the few private sector firms that have expressed interest in operating passenger trains say it can only be done with help from tax subsidies.
Moreover, whatever few intercity rail passenger routes that might be taken over by private companies almost certainly would be accompanied by cancelling collective bargaining rights, and reducing wages and benefits.
Thus, the result of the Republican-Romney-Ryan approach, formalized in the Republican platform, is the end of Amtrak and intercity passenger rail, and huge reductions in transit funding throughout America.
It’s not all we wanted, but, maybe more important, it’s not as bad as it could have been.
Given the polarization of this Congress, the Moving Ahead for Progress in the 21st Century – MAP-21 – is as good a new transportation authorization bill as we could have hoped for. Passed by bipartisan majorities in the House and Senate June 29, President Obama is expected to sign the bill into law.
This is what MAP-21 does as it applies to bus, commuter rail, intercity passenger rail and freight rail:
* It increases federal expenditures for federal transit programs – bus and commuter rail – beginning in October and continuing through September 2014. Within those numbers, however, is a reduction in bus and bus facilities spending, which is a victory of sorts since an earlier version sought to zero out such spending.
* It allows transit systems operating fewer than 100 buses in peak service to use a portion of their capital grants for operating expenses. This will allow money for smaller, cash-strapped systems to keep buses on the road and return furloughed drivers to work. But, sadly, larger bus system do not gain such flexibility — even during periods of high unemployment.
* It extends a $17 billion federal loan program for transit and freight rail operators, making, for example, up to $350 million available to the Los Angeles Metropolitan Transportation Authority (LACMTA) for transit improvements.
* It grants authority to the Department of Transportation to create a national safety plan for all modes of public transportation, which will result in minimum standard safety performance standards for systems not currently regulated by the federal government. These safety performance standards will include establishment of a national safety certification training program for employees of federal- and state-owned transit system.
* It requires the Federal Motor Carrier Safety Administration to establish a national registry of medical examiners within one year, and requires employers periodically to verify the commercial driver license status of employees.
* It provides 80 percent in federal match dollars for transit systems to develop and carry out state safety oversight programs. State oversight will include review, approval and enforcement of transit agency safety plans, including audits by the Federal Transit Administration.
* It scraps at attempt to eliminate overtime and minimum wage provisions for van drivers whose routes cross state lines.
* It strengthens Buy America requirements for all new bus and passenger-rail rolling stock and other capital expenditures, which means more American jobs.
* It leaves in place a requirement that positive train control be implemented on all track carrying passenger rail — commuter and Amtrak — by Dec. 31, 2015. It does, however, reduce the PTC installation requirement for freight railroads, providing that PTC to be installed on fewer than 40 percent of main line trackage by Dec. 31, 2015, with 60 percent (freight only trackage) continuing to use existing train control systems.
* Importantly, it does not include a provision sought by conservatives that would have blocked federal funds for operation of Amtrak’s long-distance trains in 27 states, nor does it include a provision that would have had the same effect by denying federal funds for subsidizing food and beverage service on long-distance trains.
* Also, on the positive side for Amtrak, it provides a new federal grant program to improve or preserve Amtrak routes exceeding 750 miles, and it makes Amtrak eligible for other federal grants on corridor routes and funds intended to help ease highway congestion. Other Amtrak operating and capital grants are provided in separate legislation.
* A provision that originated in the Senate to eliminate almost 75 percent of Alaska Railroad federal funding and the $6 million in congestion and air quality mitigation funding for Amtrak’s Downeaster train in New England was amended. The Alaska Railroad funding now will be cut by 13 percent in each of the next two years by applying a new funding formula, and the air quality mitigation funding will continue for the Downeaster.
* It does not increase weight and length limits for trucks on federal aid highways – which would adversely impact rail traffic and rail jobs – but does allow an extension for current higher weights on some highway corridors while another study on the impact of liberalizing truck weight and length limits is conducted.
“Even though it has shortcomings from what we would have preferred, our members are better off with the compromise. Had there been no bill, we may have faced the undermining of public transportation by conservatives who want to push public transportation’s expense to the fare box and those who can least afford it,” said UTU National Legislative Director James Stem.
The Federal Transit Administration has created a website to provide more information on MAP-21. Click below to view the website:
It seems like just yesterday, as UTU Illinois state legislative director and mayor of Riverdale, Ill., that I joined other mayors to successfully advocate for more frequent rail service from Chicago to downstate Illinois communities.
At the time, even that modest goal seemed daunting, as conventional wisdom said Americans would no longer ride trains.
Fast forward to 2012, where 30 million people are riding Amtrak each year — more than ever before.
The future looks even brighter.
How did it happen? My brothers and sisters at the UTU worked with mayors, business owners, university presidents and environmental groups across the nation to show elected officials at all levels of government how better train service would transform local economies, provide Americans with more transportation options and create new jobs.
Decades of advocacy are finally paying dividends, as we finally have a president in Barack Obama who understands that our economy is dependent on the quality of our transportation system. President Obama invested more than $10 billion in regional rail networks that will provide a much needed alternative to congested highways and airports as our nation grows by 100 million people over the next 40 years.
As FRA administrator, I have visited communities across the country as they begin construction projects. Some include:
* New England, where service will reach new communities in Maine this year.
* The Pacific Northwest, where new construction will lead to more frequent service between Seattle and Portland.
* The Midwest, where trips from Chicago to Detroit and St. Louis will be more than an hour shorter by 2014, and feature next-generation American-made trains.
* The Southeast, where new construction will lead to more frequent and reliable service between Charlotte and Raleigh.
* California, where construction is underway to add capacity to existing corridors, while the state breaks ground on its high-speed train system later this year.
The Obama administration also invested more than $3 billion to improve reliability and order new locomotives for the Northeast Corridor, while Northeast states begin planning for the next generation of the service.
In communities I visit, I meet leaders of both political parties who are excited to explain how their town will benefit from a project. As a former mayor, I relate. At the local level, transportation investments are not about politics – they are about creating new jobs, attracting new investment, and making the lives of our friends and neighbors better.
Now is the time for Congress to make the investments we need in passenger rail to create jobs today and provide America with the world-class transportation network we need in the 21st century.
(Prior to his April 2009 Senate confirmation as FRA administrator, Joe Szabo was UTU Illinois state legislative director. He is a fifth generation railroader.)
And the result, according to the Federal Railroad Administration, is a significant reduction in rail workplace derailments that too often lead to serious injury and death — plus, as a bonus, better labor/management relationships and improved operational performance.
We’re talking about four pilot projects called Confidential Close Call Reporting System (C3RS), whose core value is that railroaders don’t intentionally make mistakes, and the most effective means of correcting workplace errors that have the potential to cause death, injury and accidents is to investigate the cause in a non-judgmental environment.
In a review of C3RS pilot projects on Amtrak, Canadian Pacific, New Jersey Transit and Union Pacific, the FRA also determined they result in supervisors becoming “more fair and cooperative” and placing a greater value on safety relative to productivity, fewer discipline cases, and workers more willing to raise safety concerns with management.
C3RS is a collaborative effort involving the FRA, carriers, the UTU and the Brotherhood of Locomotive Engineers and Trainmen.
The pilot projects encourage engineers, conductors, trainmen and yardmasters to report — without fear of discipline or FRA enforcement action, even if rules violations are involved — close calls that may have resulted in accidents or injuries.
All C3RS reports by employees are collected anonymously and kept confidential. With names and locations masked, a C3RS peer review team recommends corrective action, such as improved training, changes in physical plant, changes in existing federal safety laws or regulations, changes in carrier operating rules, and improved training and/or education.
Examples of close calls include varying levels of risk, such as leaving pieces of equipment unsecured, improper blocking, operating trains beyond track authority, or violating operating rules.
UTU International Vice President John Previsich spearheads the UTU involvement in the four C3RS pilot projects – systemwide on Amtrak and New Jersey Transit, and at CP’s Portage, Wis., yard, and UP’s North Platte, Neb., yard.
At UP, which has the most experience with C3RS, the pilot project has led to reformatting track warrants so they are easier to read, and with a UP officer observing that C3RS “is helping UP move from a blame culture to one that bridges communication gaps between employees and management.”
The chief executive of Los Angeles Metrolink, John Fenton, who has taken the lead among railroads nationwide in advancing, investing in and implementing positive train control (PTC), is departing after two years on the job to head the Florida-based short line holding company Patriot Rail.
Patriot Rail owns 12 short line railroads operating in 12 states over some 500 miles of track. The UTU represents employees on four of those railroads. Patriot Rail is in the process of being acquired by Steel River Infrastructure Partners, which owns and operates port terminal and storage facilities and natural gas and electric transmission lines.
The UTU also represents conductors on Los Angeles Metrolink, whose commuter trains have operated under contract by Amtrak since June 2010.
Los Angeles Metrolink, America’s third largest commuter railroad, carrying 40,000 riders daily in six southern California counties, was rocked in 2008 when 25 people were killed and 135 injured in a horrific head-on crash with a Union Pacific freight train in Chatsworth, Calif. The National Transportation Board later blamed the accident primarily on the deceased Metrolink engineer said to have been texting on his cell phone and who ran a red stop signal. At that time, Metrolink trains were operated by Connex Railroad, a subsidiary of France-based Veolia Transport.
Fenton was hired as Metrolink CEO in the wake of the Chatsworth accident following a management shakeup that included, according to the Los Angeles Times, allegations of unaccounted for inventory and a sharply declining ridership.
The Los Angeles Times said that following Fenton’s arrival in April 2010, safety improved markedly, on-time performance improved, ridership grew and costs were reduced. Fenton oversaw the purchase of state-of-the-art rail cars with energy absorbing technology and took the lead among American railroads in pressing ahead with PTC and a timetable to have it operational by 2013, according to the Los Angeles Times.
PTC utilizes the satellite global positioning system (GPS), wireless communications and central control centers to monitor trains and prevent collisions by automatically applying the brakes on trains exceeding authorized speeds, about to run a red light, violate a work zone or run through a switch left in the wrong position.
Safety experts said the Chatsworth accident could have been avoided had PTC been installed. In embracing PTC technology, Fenton told a congressional hearing,“We don’t think there is any time to waste given the unforgiving nature of the environment in which we operate.” In bitter memory of the Chatsworth disaster, Fenton and Metrolink employees wear green wrist bands with the words, “Never Again.”
The Los Angeles Times quoted a safety expert at the University of Southern California’s Viterbi School of Engineering that Fenton’s “departure is a major loss for Southern California and Los Angeles. His safety-culture related accomplishments in such a short time, just two years, were monumental and unique in the country.” Metrolink partners with the Viterbi School of Engineering on safety advances.
Patriot Rail’s 12 short lines include:
* Butte, Anaconda & Pacific Railway in Montana
* Columbia & Cowitz Railway in Washington (UTU represented)
* DeQueen & Eastern Railway in Arkansas (UTU represented)
* Golden Triangle Railroad in Mississippi
* Louisiana & North West Railroad in Arkansas and Louisiana (UTU represented)
* Patriot Woods Railroad in Washington (UTU represented)
* Piedmont & Northern Railroad in North Carolina
* Sacramento Valley Railroad in California
* Temple & Central Texas Railway in Texas
* Tennessee Southern Railroad in Alabama and Tennessee
SPRINGFIELD, Mo. – UTU Missouri State Legislative Director Ken Menges is halfway toward a goal of creating a public rail commission to study means of expanding and financing improved multi-modal passenger transportation in his state and throughout the Midwest, with an emphasis on creating a track network capable of supporting 150-mph rail passenger service.
In a show of bi-partisan support, the Missouri House of Representatives has voted 134-2 to create a 15-member commission to recommend best practices to “design, build, operate, maintain and finance an improved rail system for Missouri and the Midwest, including “specific recommendations for legislation, regulations, funding sources and way to integrate the improved rail system into existing and planned Amtrak expansions, airports and public transportation systems.”
The House bill is specific that the improved rail system be designed for 150-mph rail passenger service.
The focus now shifts to the state senate.
Menges said he has been working with representatives of the Brotherhood of Locomotive Engineers and Trainmen and the Brotherhood of Maintenance of Way Employes, as well as Missouri railroads and the state DOT, to gather bi-partisan legislative support.
Public transportation funding, transportation jobs, workplace safety, Railroad Retirement and Medicare are under a mean-spirited and sustained attack by congressional conservatives who are trying to muscle their agenda through Congress prior to the November elections.
The UTU and Sheet Metal Workers International Association – now combined into the Sheet Metal, Air, Rail and Transportation Workers (SMART) – along with other labor organizations, public interest groups, congressional Democrats and moderate Republicans are working on Capitol Hill to block these attempts, which could be devastating to working families.
UTU National Legislative Director James Stem and SMWIA Director of Governmental Affairs Jay Potesta outlined the conservatives’ agenda that has surfaced in proposed congressional transportation reauthorization and budget legislation:
* Cut $31.5 billion in federal transportation spending, which would threaten some 500,000 American jobs.
* Eliminate federal spending for Amtrak and expansion of intercity rail-passenger service and high-speed rail, with a direct impact on jobs associated with that service.
* Gut federal spending for the Alaska Railroad, which would force elimination of scores of train and engine workers represented by the UTU.
* Delay implementation of positive train control, which is a modern technology to reduce train accidents and save lives and limbs.
* Eliminate federal spending for expansion of local and regional transit service as Americans scramble to find alternatives to driving in the face of soaring gasoline prices. The federal spending cut would prevent the return to work of furloughed workers from budget-starved local transit systems and likely cause layoffs of still more transit workers.
* Encourage privatization of local transit systems, which would open the door for non-union operators eager to pay substandard wages and eliminate employee health care insurance and other benefits.
* Remove any requirement for shuttle-van operators, whose vehicles cross state lines, from paying even minimum wage or overtime – a proposal, which if enacted, could lead to applying that legislation to interstate transit operations.
* Eliminate Railroad Retirement Tier I benefits that exceed Social Security benefits even though railroads and rail employees pay 100 percent of those benefits through payroll taxes, with no federal funds contributing to Tier I benefits that exceed what is paid by Social Security.
* Replace direct federal spending on Medicare in favor of handing out vouchers to be used to purchase private insurance, which will undercut the viability of Medicare.
* Provide large tax breaks to millionaires and preserve tax breaks for Wall Street hedge funds that cater to the wealthy, while cutting by two-thirds federal assistance to veterans and public schools.
The UTU member-supported political action committee (PAC) is helping to fund election campaigns by labor-friendly candidates, and a labor-wide “get out the vote” drive will go door-to-door across America in support of labor-friendly candidates in advance of November elections.
In the meantime, UTU and SMWIA legislative offices will continue their education campaign on Capitol Hill, visiting congressional offices to explain the economic devastation the current conservative agenda would impose on working families.