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 In preparation for a new operator of Caltrain commuter service in Northern California, the UTU has moved to protect its members who choose to transfer from Amtrak to the new operator.

Caltrain operates south from San Francisco to San Jose and Gilroy.

TransitAmerica Services, Inc. (TASI), a subsidiary of Herzog Transit Services, will replace Amtrak as operator of Caltrain beginning May 26, following a rebid process by the Joint Powers Board that controls the commuter operation. Amtrak has operated Caltrain since 1992. TASI won a five-year operating agreement that begins in May.

The UTU has reached an agreement with TASI, recognizing the UTU as the representative of conductors and assistant conductors who will be hired by TASI. The agreement governs rules, rates of pay and working conditions for conductors and assistant conductors on TASI, giving first right of hire to Amtrak employees who are working in the service as of May 25.

In the event that the number of Amtrak conductors and assistant conductors who apply for employment on TASI — and who are hired — exceeds the number of positions available at startup, such applicants will be placed on hiring pool list for subsequent employment.

UTU-represented conductors and assistant conductors in Amtrak Zone CS-2 on May 26 will, as a result of the change in operators, have no Amtrak positions left to work, and will be placed in home terminal/displaced status under provisions of Rule 8 of the current collective bargaining with Amtrak.

Conductors and assistant conductors have rights to flow to other Amtrak zones as provided under the Amtrak agreement.

If those rights are not exercised within a five-day period beginning May 26, the Amtrak Zone CS-2 conductors and assistant conductors will become home terminal furloughed, as provided by Rule 9 of the Amtrak agreement. Conductors and assistant conductors under home terminal furlough who accept employment with TASI will continue to maintain seniority and employment rights with Amtrak until such time as recalled to service by Amtrak.

Amtrak conductors and assistant conductors working outside Zone CS-2 may submit an application to TASI for employment, but must be aware that if non-Zone CS-2 conductors or assistant conductors choose to leave active status with Amtrak for employment with TASI, Amtrak will not grant a leave of absence and those individuals will terminate their employment rights and seniority with Amtrak.

Before making a decision on whether to apply for employment with TASI, the UTU recommends you review the TASI/UTU implementing and working agreements, which are available for inspection by clicking on the following link:

TASI/UTU implementing and working agreements

This agreement is modeled after the current Amtrak collective bargaining agreement, with some modifications and enhancements to reflect the new operator and the current round of negotiations with Amtrak.

The agreement preserves and enhances current crew consist and productivity allowances and retains years of service for vacation entitlement of Amtrak employees who are employed by TASI. In addition, the agreement provides for health and welfare benefits equivalent to those in the current Amtrak contract.

The negotiating team consisted of GO 769 Chairperson Dirk Sampson and Vice General Chairperson Charlie Yura. They were assisted by UTU International Vice President John Previsich.

“Chairpersons Sampson and Yura are to be commended for their leadership role in securiing for their members a first right-of-hire with the new operator, while maintaining for all of TASI’s UTU-represented employees wages and working conditions that are equal to, or exceed, those currently in place on Amtrak,” Previsich said.

Improvements to existing passenger train emergency systems regulations have been proposed by the Federal Railroad Administration.

The improvements are aimed at helping passengers and passenger-train crew members better locate and operate emergency exits during evacuations, and to assist first responders in reaching trapped passengers more quickly.

U.S. passenger railroads, including Amtrak and commuter carriers already have the most advanced passenger safety regulations on the globe. The Congressional Budget Office reported in 2003 that European and Asian nations impose lower crashworthiness standards than are imposed in the United States.

Specifically, the proposed new rules affect vestibule doors, emergency lighting, signage and markings for emergency entrances and exits, and rescue access. The new rules also require photo luminescent materials to highlight emergency exit path markings, and require instructions for emergency systems operations and requirements for debriefing after emergency situations and simulations.

“The proposed new requirements are based on the latest developments in passenger train emergency system technologies and best practices,” said FRA Administrator Joe Szabo.

UTU National Legislative Director James Stem said, “These amendments to the passenger train emergency systems rules are based on improvements in modern technology and the experiences of many years of operations.”

The proposed new rules were recommended by the FRA’s Railroad Safety Advisory Committee’s (RSAC) Passenger Safety Working Group and its Emergency Preparedness Task Force, and incorporate three industry standards developed by the American Public Transportation Association.

UTU members participating in making the recommendations included District of Columbia Legislative Director Willie Bates (Local 1933), Long Island Rail Road Vice General Chairperson Michael Denn (GO 505), and retired Amtrak Local Chairperson David Brooks (Local 1470).

To read the Jan. 3 Federal Register Notice of Proposed Rulemaking, click here.

amtrak locomotive; amtrak car; amtrakWASHINGTON — Congress, unable to agree on very much lately, has agreed on funding for Amtrak, bus transportation, commercial aviation and transit through Sept. 30, 2012.

The funding is for fiscal year 2012, which began Oct. 1. Earlier, Congress agreed to legislation extending FY 2011 funding until final agreement on FY 2012 funding could be reached.

AMTRAK

For FY 2012, Amtrak will receive $1.42 billion, or $64 million less than Amtrak received in FY  2011. The 1.42 billion includes $466 million for operations — 17 percent below operating assistance provided Amtrak for the previous fiscal year. The remainder, or $952 million, is for capital improvements and debt service — 3 percent above what was provided for capital improvements and debt service in FY 2011.

In a victory for Amtrak, Congress agreed to scrap an earlier House effort to eliminate the use of federal dollars for 26 state-supported Amtrak routes, which help fund some 150 regional passenger trains serving nine million passengers annually.

However, Congress chose to zero-out new funding for higher-speed rail. President Obama had proposed $3.6 billion for higher-speed rail for FY 2012 (and $53 billion over six years), and the Senate had proposed $100 million for FY 2012. Rep. Jerry Nadler (D-N.Y.), a member of the House Rail Subcommittee, said of the funding cut:

“I truly believe that it is the best we are going to do in this current economic climate. High-speed rail should be an option between any cities within a 500-mile radius, providing competitive trip times and fares, freeing up airspace and benefitting our environment, economy and national security. It makes no sense to abandon our efforts to develop high-speed rail in this country, so I hope the Republicans abandon their efforts to kill it.”

Congress also agreed to limit overtime payments by Amtrak to no more than $35,000 per employee, although there is an exemption if Amtrak finds that the cap for any specific employee would pose a risk to safety or operational efficiency.

BUS and TRANSIT

Congress voted $2.1 billion for the Federal Transit Administration, which includes an $18 million increase in funding for state and local bus grants to $8.3 billion for FY 2012. Also provided is $1.9 billion in grants for new bus and transit start-ups – an increase of $358 million from FY 2011. However, the legislation limits the federal share of new starts to 60 percent, which could pose problems for budget-challenged municipal transit agencies.

Congress has yet to agree on allowing a portion of federal dollars earmarked for new equipment and facilities to be used by municipalities and states for operations so as to retard elimination of bus routes and employee furloughs. The UTU National Legislative Office continues to educate congressional lawmakers on the importance of allowing such flexibility.

AVIATION

Congress funded the Essential Air Service program at $144 million for FY 2012, but included language limiting funds to communities that first received Essential Air Service grants in FY 2010 and FY 2011. Congress remains deadlocked on longer term authorization for the Essential Air Service program.

Additionally, the Federal Aviation Administration received $12.5 billion – an increase of $137 million from FY 2011 – for airports, facilities and equipment, as well as for the Next Generation Air Traffic Control System.

Amtrak LogoThe UTU, as a subcontractor to Amtrak, is in the final stages of developing a training manual – “Emerging Incidents Procedures” – for some 8,000 front-line Amtrak employees.

“The manual will be used as part of Amtrak’s 2012 Block Training cycle to assist frontline employees aboard trains, in stations and on platforms in developing skills related to situational awareness, observation, communication and response,” said UTU Training and Education Coordinator Bruce D. Feltmeyer

These Amtrak employees include conductors, assistant conductors, engineers, lead service attendants and on-board service employees.

“In preparation for developing the training manual, we performed an assessment of the Amtrak workplace culture by working with Amtrak police and utilizing electronic surveys and feedback from UTU regional meeting workshops,” Feltmeyer said.

“The assessment revealed the most prevalent problem was employees dealing with unruly passengers, which occurs not only at Amtrak, but at all ground service public transportation facilities in the United States,” Feltmeyer said.

“The training course will introduce scenario exercises and an array of techniques in understanding and dealing with them,” Feltmeyer said.

In November, the course materials will be delivered to Amtrak during UTU-team administered “Train-the-Trainer” session for 38 Amtrak facilitators.

Heroism has no timetable, no expectation, no formula. It is displayed instantaneously and accompanied only by rare courage.
Enter, center stage, two UTU heroes – Amtrak conductors Richard d’Alessandro and Loxie Sanders – a couple of regular rails, represented by the UTU and seemingly little different than neighbors down the street.
Richard d’Alessandro with Federal Railroad Administrator Joe Szabo

Their time of extreme selfless bravery came the night of June 24, when a tractor-trailer, traveling at high-speed, plowed directly into Amtrak’s westbound California Zephyr near Lovelock, Nev.
The crunch of steel meeting steel at a highway-rail grade crossing is gut wrenching; the derailing of rail passenger cars, unnerving; the sudden and rapid spread of all-consuming fire, deadly; and the presence of thick smoke, terrifying.
It was at that moment that d’Alessandro and Sanders became heroes. Nobody nominated them. Nobody asked them. Nobody expected it of them. Such is heroism.
With passengers disoriented, injured and frightened — many seemingly hopelessly trapped in two burning passenger cars – d’Alessandro and Sanders demonstrated why highly trained passenger-train conductors are essential for passenger and train safety.
d’Alessandro, initially knocked unconscious by the horrendous collision, awoke to find he was lying outside his passenger car on the ground, an arm broken and finger missing. In complete disregard for his own life, and ignoring his painful injuries, d’Alessandro climbed back into the flaming cars in search of disoriented and injured passengers. First one, then another, and still another, he led and assisted them to safety through emergency exit windows and into waiting arms on the ground.
Only when the two no longer could hear voices or find additional passengers did they take leave of the burning passenger cars.
Transportation Secretary Ray LaHood with Loxie Sanders

Then Sanders, suffering smoke inhalation and a severely burned hand, remembered conductor Laurette Lee. Where was she? Once again, he climbed back into the mouth of burning and smoke-filled hell. Finding her dead beneath a metal door, Sanders lifted her body and carried it outside and away from the inferno.
Among the first to visit d’Alessandro and Sanders in the hospital following the accident was Amtrak President Joseph Boardman, who had taken the first available flight from Washington, D.C., to be at the scene of this horrific accident that claimed six lives and would have claimed many more had it not been for the selfless actions of d’Alessandro and Sanders.
On Nov. 3, d’Alessandro (UTU Local 166, Salt Lake City) and Sanders (UTU Local 1525, Carbondale, Ill.) were formally recognized in Washington, D.C., by the U.S. Department of Transportation for heroism. In presenting the awards, Transportation Secretary Ray LaHood cited both for saving lives “that went above and beyond the call of duty.”
And what did these two still humble heroes have to say after receiving the awards? They credited their classroom training, exercises and structured debriefings required under 49 CFR Part 238 as giving them the knowledge and tools.
Heroism, of course, can’t be legislated or regulated. Heroism comes from the heart and soul, and will long be remembered by dozens alive today only because when tragedy struck, well-trained and dedicated Amtrak conductors d’Alessandro and Sanders were present.

For more information on this accident, click on the following links:
www.ntsb.gov/investigations/2011/miriam_nv.html
www.ntsb.gov/news/2011/111102.html

One of the two burned out Amtrak passenger cars following the Nevada crash.

 

amtrak car; amtrakAmtrak General Chairperson Dirk Sampson (GO 769), issued the following update on wage, benefits and work rules negotiations with Amtrak:

“In continuing contract talks with Amtrak, we are striving to obtain an equitable agreement for our members.

“We recently sent a letter to Amtrak President Joseph Boardman and Amtrak Vice President of Labor Relations Charles Woodcock outlining our position.

“Certification pay and the interpretation of single days continue to be the obstacles holding us up. I remain confident that with the efforts of our UTU negotiating team, we will be able to obtain an agreement that will be beneficial to the Amtrak members.”

Negotiating with Sampson is Amtrak General Chairperson Bill Beebe (GO 663), assisted by International Vice President John Previsich.

Amtrak LogoWASHINGTON – Just when federal funding for high-speed rail appeared dead as a rusted rail spike, Senate Democratic Leader Dick Durbin of Illinois exercised his clout and reopened the door – if only slightly.

On Sept. 20, the Senate Transportation Appropriations Committee voted to zero-out all federal funds for high-speed rail. Coming on the heels of a similar House Transportation Appropriations Subcommittee vote, Sen. Frank Lautenberg (D-N.J.) – one of the most ardent congressional supporters of high-speed rail – declared that  elimination of high-speed rail funding is “a casualty of the cuts mandated in the debt-limit deal.”

But when the entire Senate Appropriations Committee met Sept. 21, Durbin was successful in having the entire committee overrule the transportation subcommittee and, instead, approve $100 million for high-speed funding for fiscal year 2012.

True, the $100 million, while seeming a large sum, is relatively small given the hundreds of billions of dollars required to build a series of high-speed rail lines in America. Consider that President Obama, earlier in the year, had urged $8 billion for high-speed rail in FY 2012, on top of $10.1 billion previously approved by Congress – with $7 billion of that $10.1 billion already allocated to numerous high-speed rail proposals nationwide.

With the door for high-speed rail funding reopened, the battle now turns to the House and Senate floors, where more money might be appropriated when the final votes are cast for FY 2012 high-speed rail funding.

Amtrak funding also faces a tough battle in the House and Senate.

In the Senate, appropriators are recommending $544 million in Amtrak operating subsidies for FY 2012 ($18 million less than FY 2011 funding) plus $937 million toward capital spending and debt service (an increase of $15 million from the FY 2011 appropriation).

But In the House, appropriators are recommending considerably less for Amtrak in FY 2012 — $227 million for operating subsidies and $899 for capital and debt service.

Also awaiting further House action is a House Transportation Appropriations Subcommittee recommendation to eliminate all federal funding for state-supported Amtrak service in FY 2012. No action on that anti-Amtrak initiative has surfaced in the Senate.

It is unlikely that the House and Senate will reach agreement on FY 2012 Amtrak funding prior to the start of the new fiscal year Oct. 1. More likely is a continuing resolution that will extend FY 2011 funding levels into FY 2012 while lawmakers continue debating FY 2012 funding levels.

Amtrak LogoWASHINGTON – House Republicans are supporting a budget plan that Amtrak says will eliminate all state-supported Amtrak service nationwide beginning Oct. 1 — the start of a new federal fiscal year.

Fifteen states currently provide Amtrak with subsidies in exchange for Amtrak operating additional intercity trains in their states that transport nine million passengers annually.

The Sept. 8 budget proposal would prohibit federal funds from being used for those state-supported trains.

While the Amtrak budget cuts – proposed by the House Transportation Appropriations Subcommittee — could likely pass the entire Republican-controlled Appropriations Committee and Republican-controlled House of Representatives, the provisions could face strong opposition in the Senate. Still, given the budget-cutting pressure in Congress, nothing is easily predicted.

The proposed budget cuts fly in the fact of a provision of the Passenger Rail Investment and Improvement Act of 2008 that encouraged Amtrak to leverage federal subsidies of 80 percent with state contributions of 20 percent to develop new intercity passenger routes and improve existing ones.

The Transportation Appropriations Subcommittee’s budget proposal would also:

* Restrict the use of federal funds for any overtime costs in excess of $35,000 for any individual employee.

* Require Amtrak to achieve savings through operating efficiencies, including modifications to food and beverage service, first-class service and long-distance routes.

“The House Republican plan is shortsighted and is the wrong policy for America,” said Amtrak President Joseph Boardman. “It will result in the loss of jobs and reverses significant progress made to use passenger rail to reduce U.S. dependence on foreign oil.”

Following are the 15 states — and the Amtrak trains — targeted:

* California: (Capitol Corridor, San Jose-Oakland/San Francisco-Sacramento/Auburn); Pacific Surfliner (San Luis Obispo-Los Angeles-San Diego); San Joaquin (Bakersfield-Oakland-Sacramento).

* Illinois and Wisconsin: (Hiawatha, Chicago-Milwaukee). Illinois: Lincoln (Chicago-St. Louis); Illini & Saluki (Chicago-Carbondale); Zephyr & Carl Sanburg (Chicago-Quincy).

* Maine: (Downeaster, Portland-Boston).

* Michigan: (Blue Water, Port Hurton-East Lansing-Chicago); Pere Marquette (Grand Rapids-Chicago).

* Missouri: Missouri River Runner (Kansas City-St. Louis).

* New York: Adirondack (New York City-Montreal).

* North Carolina: Carolinian (Charlotte-New York City); Piedmont (Charlotte-Raleigh).

* Oklahoma and Texas: Heartland Flyer (Oklahoma City-Ft. Worth).

* Oregon and Washington: Cascades (Eugene-Portland-Seattle-Vancouver).

* Pennsylvania: Keystone Corridor (Harrisburg-Philadelphia-New York City).

* Vermont: Ethan Allen (Rutland-New York City); Vermonter (St. Albans-Washington, D.C.).

* Virginia: (Extended Northeast Regional (Washington, D.C.-Richmond; Washington, D.C.-Lynchburg).

WASHINGTON – Some $745 million of the $2 billion in federal stimulus money Florida Gov. Rick Scott rejected for a high-speed rail line linking Tampa and Orlando is now headed to Amtrak for improvements along the 456-mile-long Amtrak-owned Northeast Corridor connecting Washington, D.C., Baltimore, Philadelphia, New York and Boston.

The Department of Transportation grant will be used by Amtrak to improve track, signals and overhead catenary, allowing an increase of top speed from 135 mph to 160 mph for Acela Express trains over a 24-mile segment in New Jersey. The grant, which includes a “buy America” provision, will also go toward eliminating congestion at a choke point east of New York City.

Amtrak has a 30-year vision to accelerate speed along the entire length of the Northeast Corridor, with maximum speed of 220-mph over a new two-track route that would supplement existing service and create capacity for 80 million passengers annually by 2040.

The project would require some 420 miles of mostly dedicated high-speed track and a $4.7 billion annual investment for at least 25 years. Amtrak President Joseph Boardman says the plan is feasible as a public-private partnership involving 11 Northeast states plus Virginia and the District of Columbia, privately owned freight railroads, and the private sector.

By 2040, Amtrak would offer passengers travel times of 38-minutes between New York and Philadelphia; 84 minutes between New York and Boston; and 96 minutes between New York and Washington.

Facts about the Northeast Corridor:

* On 65 percent of Northeast Corridor track, Amtrak trains can operate at speeds between 110 mph and 150 mph – and is the only rail passenger operator in the United States maintaining track for speeds in excess of 100 mph.

* Between Washington, D.C., and New York, Amtrak has 69 percent of the air-rail market share – up from 37 percent in 2000 when Acela service was introduced. And between New York and Boston, Amtrak has 52 percent of the air-rail market share – up from 20 percent in 2000 when Acela service was introduced

* The Northeast Corridor hosts almost one million intercity and commuter passengers daily on more than 2,000 trains – some 75,000 passengers riding Amtrak daily and more than 850,000 riding commuter trains operated by 18 publicly controlled commuter agencies, making Amtrak a minority user of the Northeast Corridor.

* Amtrak is the only railroad that uses the entire length of the Northeast Corridor. 

WASHINGTON – Passenger and commuter train conductors and engineers face new hours-of-service rules effective Oct. 15 under a final rule published Aug. 12 by the Federal Railroad Administration.

The new rules differ in certain areas from hours-of-service regulations imposed on freight railroad employees.

Among the differences is that passenger and commuter train hours-of-service regulations are more stringent for assignments between 8 p.m. and 4 a.m.; there is no cumulative-hours limit for passenger and commuter train crews; passenger and commuter train operators must submit certain employee work schedules for scientific study to determine schedule-specific risks of fatigue; and passenger and commuter carriers must take steps to mitigate fatigue among crews on-duty between 8 p.m. and 4 a.m.

The FRA said that based on its “understanding” of current fatigue science, and information received through the Railroad Safety Advisory Committee (RSAC), FRA determined that the requirements imposed on train employees by the Rail Safety Improvement Act of 2008 were not appropriate for passenger train employees.

The FRA said that while it “agrees that [a 10-hour call requirement] would provide predictability as to when an employee will be called to work, adopting a 10-hour call requirement is not possible at this time, as it was not a part of the proposed rule … The regulation requires labor involvement in the determination of fatigue mitigation tools to be applied, so there may be opportunities to voluntarily make use of this schedule practice.”

Following are key provisions, as outlined by the FRA, of the new hours-of-service rules scheduled to go into effect for conductors and engineers on passenger and commuter trains Oct. 15 (unless otherwise noted):

* Limitations on time-on-duty in a single tour: 12 consecutive hours of time on duty or 12 nonconsecutive hours on duty if broken by an interim release of at least four consecutive hours in a 24-hour period that begins at the beginning of the duty tour.

* Limitations on consecutive duty tours or total duty: If employee initiates an on-duty period each day for six consecutive calendar days include at least one “Type 2” assignment (between 8 p.m. and 4 a.m.), employee must have 24 consecutive hours off-duty at the employee’s home terminal.

Additionally, if an employee initiates an on-duty period on 13 or more calendar days in a period of 14 consecutive days, then the employee must have two consecutive calendar days without initiating an on-duty period at the employee’s home terminal. Employees may be permitted to perform service on an additional day to facilitate their return to their home terminal.

These limitations on consecutive duty tours or total duty do not take effect until April 15, 2012.

* Cumulative limits on time on-duty: None.

* Mandatory off-duty periods: Eight consecutive hours (10 consecutive hours if time on duty reaches 12 consecutive hours).

* Specific rules for nighttime operations: Schedules that include any time on duty between 8 p.m. and 4 a.m. must be analyzed using a validated biomathematical model of human performance and fatigue approved by FRA.

Additionally, schedules with excess risk of fatigue must be mitigated or supported by a determination that mitigation is not possible and the schedule is operationally necessary and approved by FRA.

The analysis must be completed and required submissions made by April 15, 2012.

* Specific rules for unscheduled assignments: The potential for fatigue presented by unscheduled work assignments must be mitigated as part of a railroad’s FRA-approved mitigation plan.

* Use of fatigue science: Passenger train employees’ work schedules are to be analyzed under an FRA-approved validated biomathematical fatigue model with the exception of certain schedules (completely within the hours of 4 a.m. and 8 p.m., or nested within other schedules that have been previously modeled and shown to present an acceptable level of risk for fatigue, and otherwise in compliance with the limitations in the regulation).

UTU National Legislative Director James Stem added his perspective, saying the final rules:

* Provide a permanent separation from freight hours of service regulations because of the predictable work schedules of our intercity passenger and commuter rail assignments. Now we have two systems of HOS coverage – freight and passenger

* Require at least two days of rest every 14 days for all assignments, with some flexibility allowed for assignments not working after midnight (i.e., 6-1, 12-2, 1-12-1, 14-2.)

* Require, for the first time, use of a scientific validated biomathematical fatigue model tool to analyze all assignments for risk of fatigue.

* Require consultation and agreement between the carrier and general chairman on adjusting identified assignments for fatigue mitigation.

* Continue to require eight hours off-duty between assignments for passenger operations because of the predictable work schedules.

* Create a tool box of acceptable fatigue mitigation strategies that the carrier and the general chairman may select. Also there is encouragement to adopt a napping strategy, even for assignments that are only off-duty at an interim release location for 90 minutes.

* Require improved facilities at interim release locations of four hours or more.

* Require much stronger reporting requirements of all aspects of hours-of-service operations.

Said Stem: “These final rules recognize and maintain the significant contribution to safety that a defined reporting time makes for safety-critical operations. Our operating employees are professionals. When they know the time they must report for service, they show up rested and fatigue is not a factor.

“Also, a napping policy for our assignments that turn in fewer than four hours is a significant improvement for safety. Sleep scientists confirm that a 30-minute nap is a great fatigue mitigation tool.”

To read the final hours-of-service rule for passenger and commuter train conductors and engineers as published Aug. 12 in the Federal Register, click on the following link:

http://www.fra.dot.gov/rcc/content/pages/Passenger-Train-Hours-of-Service-Final-Rule-081211.pdf