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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.

U.S. Capitol Building; Capitol Building; Washington D.C.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.

 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).