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By International President Mike Futhey

What do the Nov. 2 congressional election results mean for UTU members and their families?

Consider these facts that are not always obvious:

  • While it is true that organized labor has more friends among Democrats, many of the Republicans elected Nov. 2 are friends of working families, and they received UTU PAC support and were on our voting recommendations list.
  • The UTU is a bipartisan union, historically and consistently looking beyond party labels to reward each and every friend of working families.
  • Among our Republican friends, for example, are Rep. Don Young of Alaska, and Sen. Orrin Hatch of Utah. Republican Sen. Hatch is one of the strongest congressional defenders of the Federal Employers’ Liability Act (FELA), while Republican Rep. Young has been one of the UTU’s most ardent supporters in the House of Representatives.
  • One of the most important congressional committees to UTU members — airline, bus and rail — is the House Transportation & Infrastructure Committee, where most legislation affecting the transportation industries originates. Among Transportation & Infrastructure Committee members, more than 66 percent — Democrats and Republicans — who were endorsed by the UTU won re-election Nov. 2.
  • In all congressional races Nov. 2, more than 60 percent of UTU endorsed candidates won election or re-election. Imagine if you could win a poker hand more than 60 percent of the time, or hit safely six of 10 times at bat as a major league ballplayer.
  • Despite the change in party control in the House of Representatives, UTU recommended candidates are still a majority, meaning the UTU National Legislative Office can continue to work successfully on issues that matter to our members — job security, safety, health care and retirement benefits, as well as adequate public funding for Amtrak and public transit.
  • Key regulatory agencies, such as the Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, National Mediation Board, and National Labor Relations Board, will continue to have labor-friendly majority control.
  • The UTU’s GOTV — “get out the vote” — effort this election year resulted in thousands of UTU members and families, who were not previously registered or hadn’t voted in the previous (2006) non-presidential election, registering to vote and casting ballots in congressional races.
  • In states where early voting is permitted, preliminary polling by GOTV shows that as many as 20 percent of UTU members and spouses who cast an early ballot had not voted in the 2006 non-presidential election. This proved important in close races.
  • On behalf of the UTU, GOTV — in partnership with UTU state legislative directors and the UTU Auxiliary — made more than 210,000 unique member contacts in 28 states via the postal service, e-mail and telephone calls, urging UTU members and their families to register to vote and to vote in this election.
  • By encouraging a higher percentage of UTU members to register to vote and to vote, we demonstrate to candidates the power of UTU endorsements — and, especially, that in close races, a UTU endorsement has great value to a candidate.
  • Candidates remember their friends in the same manner organized labor remembers its friends.
  • As the proverb says, “It’s not the will to win, but the will to prepare to win that makes a difference.” What the UTU PAC and GOTV demonstrate to candidates of all political stripes is that the UTU is a friend worth having.
  • The UTU has always had a great legislative program, but what we have accomplished this election through GOTV sets a new standard and benchmark to measure future advances.
  • When the new Congress is seated in 2011, we will be working closely with our old and new friends to continue advancing the UTU legislative agenda on behalf of our members.

Iowa Interstate Railroad and Amtrak are intending jointly to launch conventional-speed (79 mph) passenger service between Chicago and Iowa City over a previously abandoned rail line, reports progressiverailroading.com.

The proposed service, reported progressiverailroading.com, has been approved by the Federal Railroad Administration, but is not expected to begin prior to 2013.

Progressiverailroading.com quoted Iowa Interstate CEO Dennis Miller that the railroad has “spent many hours working with local community leaders, the states of Iowa and Illinois, and Amtrak to make sure that if this service was approved, we could handle it in conjunction with our existing and growing freight business.”

Perhaps contradicting many Class I freight CEOs — who are cool about expanding passenger service over freight railroad track — Iowa Interstate Chairman Henry Posner III, a former Conrail executive, was quoted by progressiverailroading.com that, “The lesson here is that a healthy freight network is the single most important building block for passenger service.”

(The following is a security alert from the UTU’s Rail Safety Task Force.)

Rail security remains a constant threat to the nation’s railroads and our members. President Futhey wrote of this concern in a recent leadership message, “We need training to spot trouble.”

Based on recent events, the UTU’s Rail Safety Task Force strongly encourages all railroaders to remain vigilant in our effort to recognize potential threats.

That message was hammered home at a recent FRA hazardous materials seminar in Hot Springs, Ark. The hazardous materials specialist told a chilling story of a recent routine inspection of a rail yard.

The FRA specialist was approached by a conductor and asked, “Are you back again? We were just inspected a few days ago.”

The FRA specialist inquired about the suspicious individual’s description and what happened. Immediately, he realized that the FRA had no one in the region that fit the description.

The facts became more chilling.

When the possible terrorist was asked by a crew member as to whom he was, the individual flipped out a badge and quickly closed it without giving the crew member an opportunity to inspect it. The suspicious individual went as far as to inquire about the chemicals vinyl chloride and ammonia nitrate — if there were any cars in the yard with those chemicals, and the frequency they were there.

With rail crews subjected to physical abuse, robberies and threats from public trespassers, the potential for a breach in security seems to be trending in the wrong direction.

The UTU Rail Safety Task Force reminds our members to focus on the following:

KNOW YOUR WORKSITE: Know your area officers, co-workers, FRA and TSA inspectors — if not personally, at least by name or face.

If a person or vehicle looks out of place, and you are unsure of who an individual is, or if suspicions arise for any reason, follow your railroad’s guidelines to ensure that person remains on the property. In many cases this may involve contacting the proper authority to handle the threat.

All federal agents are required to present proper identification upon request. In cases of trespassers, caution should always be taken and it may be best to let those authorized to handle such situations handle them.

 MAINTAIN SITUATIONAL AWARENESS: Be aware of suspicious individuals and items. We generally travel and work the same areas. If something looks out of place, report it immediately. Do not leave a potential threat for others to handle.

Be aware of high risk locations, such as fuel facilities, hazardous materials cars, radio towers, and dimly lit areas. Make sure to inspect safety appliances and use them if they are required.

Inspect all locks, gates, doors and derails that are used as safety devices, and report those that are found to be damaged or missing to the proper authority.

As always, our first line of defense is ensuring that any issues that may impair our personal safety are properly handled in an expedient manner. Those on the ballast see or hear it first, and it is those on the ballast who are most in harm’s way.

For more information on the UTU Rail Safety Task Force, click below:

http://utu.org/utu-rail-safety-task-force/

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU Arizona state legislative director

Steve Evans, UTU Arkansas state legislative director

Jerry Gibson, UTU Michigan state legislative director

By Assistant President Arty Martin

Viewers of the cable television sitcom, Fawlty Towers, may recall an episode in which Basil Fawlty (played by John Cleese) beat his broken-down car with a branch, blaming the car rather than his own failure to maintain it.

Being too negatively focused on a problem rather than identifying and pursuing a workable solution can be a costly error in the workplace.

Remote control operations come to mind. For sure, remote control cost jobs, but beating up on new technology has never preserved jobs in the long run, and diverts our productive energies from crafting a positive strategy to ensure new technology is safe and that those using the new technology are properly trained and compensated for their improved skills.

An example of positive problem solving through the identification of workable solutions is a recent joint petition filed with the FRA by the UTU and the BLET seeking a safety rule requiring a qualified conductor be aboard every freight train.

Indeed, a priority of the UTU International is finding positive solutions to problems affecting our membership.

Consider other recent initiatives:

In the face of an unacceptable increase in rail-employee fatalities and career-ending injuries, a rail safety task force was appointed by UTU International President Mike Futhey to gather information and make recommendations regarding employee safety. The task force has an interactive Web page accessible from the UTU home page at www.utu.org.

Within the next couple of weeks, the task force will post a member survey on its Web page, seeking information on workplace distractions, carrier-enforced work practices, instances of worker fatigue, and other workplace safety problems.

The Web page also encourages direct communication with task force members, intended to help the task force gather detailed facts required to back-up recommendations the task force will be making to the carriers for remedial action; and, if necessary, by the UTU International to the FRA and Congress.

Moreover, the International leadership is meeting with other rail labor organizations to build a coalition aimed at convincing the carriers that intimidation, harassment and excessive discipline are jeopardizing the ability of workers to do their jobs efficiently and safely.

President Futhey’s column in the September issue of the UTU News, which will reach your mailboxes within the next 10 days, speaks more to that problem; and the column will be posted at www.utu.org next week.

President Futhey encourages members to contact local chairpersons and general chairpersons to alert them to workplace situations where members unnecessarily are forced to look over their shoulder rather than focus on doing their jobs efficiently and safely. State legislative directors should always be made aware of safety problems on the job.

A listing of contact information for International vice presidents and other senior International officers also will accompany that column. This is an open-door administration and we want to hear from you.

While the Rail Safety Improvement Act of 2008 does not contain all we wanted — and contains some provisions we didn’t want — we are working with other rail labor organizations toward a fine-tuning of that law. The law did give us conductor certification, and President Futhey has appointed a UTU team to an FRA Rail Safety Advisory Committee (RSAC) to work toward a carrier/labor/FRA consensus on certifying conductors.

Also, in a joint submission aimed at improving safety and the security of member paychecks, the UTU and the BLET have asked the FRA to clarify and simplify its interim policies and interpretations relating to hours of service provisions of the Rail Safety Improvement Act.

Additionally, in conjunction with the BLET, we are working closely with the FRA to ensure that the FRA’s rules on Positive Train Control — whose implementation is mandated no later than 2015 by the Rail Safety Improvement Act — include provisions to ensure the technology is properly tested and monitored, that operating crews are properly trained, and that employee and public safety be the number one priority over all other considerations.

With regard to our airline members, the UTU is working with others in transportation labor to gain legislation eliminating flight-crew fatigue and to bring flight attendants under protections of OSHA.

As for our bus members, the UTU is working through the AFL-CIO for changes in commercial driver’s license regulations that subject bus operators to loss of their jobs if they receive citations while operating personal automobiles. We also are working to gain legislation requiring improved crash-resistant buses, uniform driver-training standards, and required training in dealing with abusive and threatening passengers.

Finally, member suggestions as to what the UTU should propose in Railway Labor Act Section 6 notices (the first step in revising the national rail contract), have been catalogued and the District 1 Association of General Chairpersons will soon be finalizing them prior to our Section 6 notices being served on the carriers in November.

To keep current on what the UTU is doing on your behalf to protect jobs and improve wages, benefits and working conditions, sign up for e-mail alerts by clicking on the link below:

https://webapps.utu.org/WebSiteForms/EmailAlert.aspx

As the Federal Railroad Administration (FRA) works toward having effective safety regulations in place for the operation of positive train control prior to its 2015 congressionally mandated implementation, the agency is reaching out for feedback to its early proposals. In fact, many PTC operations likely will commence prior to 2015 mandatory date.

In response to specific questions asked by the FRA at a recent public hearing, the UTU and five other rail labor organizations jointly responded with regard to permissible use of certain locomotives, required enforcement of PTC’s ability to correct train overspeed, permissible use of non-PTC equipped or functional trains on PTC-required track, and use of unequipped trains and failed PTC trains.

  • The location of PTC-equipped locomotives in the engine consist: The FRA asked how a railroad is to handle a situation where an engine that is PTC-equipped is positioned with long hood forward or has a broken air conditioning unit. 

Responsible operating personnel recognize that operating a North American cab locomotive in the long hood forward position is patently unsafe and should only be permitted for short distances and then only in emergency situations, said the labor organizations.

Operating trains with the long hood forward presents safety concerns because the engineer has a limited view of the railroad with that configuration. 

By UTU International President Mike Futhey

We are a union on the move, growing stronger financially and adding new members through aggressive organizing.

In addition to organizing 300 pilots and flight attendants at Great Lakes Airlines recently, we have authorization cards from a majority of the 110 pilots at Lynx Aviation. We are talking with pilots and flight attendants at other airlines, as well as bus operators on unorganized properties and employees of short line railroads.

Indeed, we are a union on the move — in organizing, defending existing agreements, and having our voice heard in Washington and state capitols.

While the Rail Safety Improvement Act is not everything we sought, we were able to achieve conductor certification, a deadline for implementation of positive train control, and a provision for general chairpersons to negotiate a better balance between new hours-of-service limitations and earnings.

I have appointed a UTU team to work with the FRA, other labor organizations and carriers in drafting conductor certification standards.

I have created a UTU Rail Transportation Safety Team to deal directly with the FRA in the face of an unacceptable spike in on-duty employee fatalities and career-ending injuries. Jointly with the BLET, we filed a petition with the FRA seeking an emergency order prohibiting the use of one-person crews in conventional and remote-control operations.

We are working with others in transportation labor to gain legislation eliminating flight-crew fatigue and to bring flight attendants under protections of OSHA.

Through the AFL-CIO, we are pushing for changes in commercial driver’s license regulations that subject bus operators to loss of their jobs if they receive citations while operating personal automobiles. We also are working to gain legislation requiring improved crash-resistance buses, uniform driver-training standards, and required training in dealing with abusive and threatening passengers.

The UTU is growing financially stronger owing to new cost containment controls and conservative investment policies, with our general fund balance up 90 percent since January 2008. UTUIA earnings have been growing each quarter, and the UTUIA has a $23 million surplus. And our DIPP claims no longer exceed premiums.

Officers at every level are benefitting from iLink features, and the UTU University is providing members with online educational opportunities that will continue to be expanded.

This administration remains true to its pledge of two-way communication. We invite your comments and suggestions and we will continue to provide leadership messages posted at www.utu.org.

In a joint submission aimed at improving safety and the security of member paychecks, the UTU and Brotherhood of Locomotive Engineers and Trainmen have asked the Federal Railroad Administration to clarify and simplify its interim policies relating to, and interpretations of, the Rail Safety Improvement Act’s changes to hours-of-service limitations that went into effect July 16.

The sought-after clarifications and simplifications fall into three categories:

  1. The Rail Safety Improvement Act’s (RSIA) prohibition of communication with employees during statutory off-duty periods;
  2. The RSIA’s provisions pertaining to mandatory off-duty time following the initiation of an on-duty period for a specified number of consecutive days; and,
  3. The maximum number of hours that may be worked in a calendar month.

The joint UTU/BLET comments observe that the hours-of-service provisions in the safety act “produced the most far-reaching effects on hours-of-service of safety-critical railroad workers since enactment of the original Hours-of-Service Act in 1908.” In fact, the FRA, itself, observes that the hours-of-service amendments “are extraordinarily complex and comprehensive.”

Because of the complexity, said the UTU and the BLET, “the statute itself fails to adequately address a number of important issues that will almost certainly have a substantial effect on our members. Moreover, FRA has been forced to provide interpretations that must address goals that sometimes are in conflict. It is our sincere hope that these [joint UTU/BLET] comments will provide a basis for improvement of FRA’s policies and interpretations in a way that is faithful to the intent of Congress.”

The UTU and the BLET also asked the FRA “to further clarify their stated interpretations in plain language to the maximum extent possible, so there is no room for debate concerning the application of those interpretations.”

The UTU and the BLET noted also that they were not commenting on each policy and interpretation “because we do not want to unnecessarily burden the record. However, FRA should not conclude that we concur with each of the policies and interpretations with which we strongly disagree, but we are withholding comment concerning them because FRA’s position has been dictated by the statute itself, and FRA cannot depart from statutory requirements; therefore, comments concerning these subjects would be futile.

“The comments are intended to provide greater clarity to the sometimes confusing provisions of the law, and to assist UTU and BLET general committees in their efforts to negotiate a better balance between maintaining earnings and the new requirements,” said UTU International President Mike Futhey and BLET National President Ed Rodzwicz in a joint statement.

To read the joint UTU and BLET submission to the FRA, click here.

UTU Rail Safety Alert No. 1 (revised)

(Following is the first safety alert, revised June 22, issued by the UTU’s recently appointed Rail Safety Task Force.

UTU International President Mike Futhey appointed the task force in response to a sharp spike in railroad on-duty employee fatalities.

The UTU and the Brotherhood of Locomotive Engineers and Trainmen also have petitioned the Federal Railroad Administration for an emergency order to prohibit the use by railroads of one-person operating crews, including in remote control operations.)

SAFETY ALERT NO. 1 (revised)

While the UTU has consistently taken exception to single-person operations, in reality it exists today. Accordingly, our members should be aware of the safest course in an unsafe situation.

UTU members working in single-person operations are strongly encouraged to question any order by a railroad official to perform any activities that may result in an injury, loss of limb or life — short of insubordination.

If your request to be relieved of such a task is denied, please immediately contact your local chairperson, general chairperson, local legislative representative or state legislative director for further handling.

In doing so, document these actions as soon as you are able, providing as much information as possible, including witnesses, times, dates, locations and names of all involved.

Following is the proper procedure to handle any types of incidents you feel cannot be safely accomplished by a one-person operation:

1) Call for help, such as a utility employee and/or the mechanical department to assist with the function while the RCO operator maintains control of the RCL transmitter (belt pack) and provides three-step protection. All blue flag rules still apply.

Following are FRA regulations relating to the functions of a “utility employee.”

A utility employee properly attached to a train or yard crew, per the requirements of 49 CFR 218.22(c)(1), (2), (3) and (4), may go on, under or between rolling equipment that the crew is called to operate to perform any of the six functions permitted by 49 CFR 218.22(c)(5), without blue signal protection.

The following are the only six functions permitted:

  1. Set or release hand brakes.
  2. Couple or uncouple air hoses and other electrical or mechanical connections.
  3. Prepare rail cars for coupling. (This means opening knuckles, adjusting drawbars, arranging air hoses etc. It does not mean making repairs, such as changing a knuckle or replacing an air hose.)
  4. Set wheel blocks or wheel chains.
  5. Conduct air brake tests to include cutting air brake components in or out and position retaining valves.
  6. Inspect, test, install, remove or replace a rear-end marking device or end-of-train device.

Under all other circumstances, a utility employee working on, under, or between railroad rolling equipment must be provided with blue signal protection in accordance with §§ 218.23 through 218.30 of Subpart B to Part 218.

2) If help is not available, notify management that you are concerned the function you are being required to perform is unsafe, and that you would prefer not to perform the function.

3) If the carrier official (supervisor, manager) insists that you perform the unsafe function anyway, tell him/her you feel this would place your personal safety in jeopardy and ask that they reconsider your request.

4) If the carrier official denies your request, perform the function as instructed, taking every safety protection available, including:

  • Making sure everyone working on both ends of the yard knows where you are, and that you are about to be on your own under or between cars on the track and without blue-flag protection.
  • Make sure the belt pack is set to prevent the locomotive from moving.
  • Secure cars on a cut located on the oppose side of where the locomotive is attached (to prevent rollback).
  • Keep a constant eye and ear out for any movement whatsoever.
  • Keep the belt pack on, to ensure the man-down feature is operable (or as near as safely possible without creating a tripping hazard), just in case it’s needed.

5) After being required to perform the function, report these occurrences to you local legislative representative, safety chairpersons and local chairpersons.

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU assistant Arizona state legislative director
Steve Evans, UTU Arkansas state legislative director
Jerry Gibson, UTU Michigan state legislative director
Scott Olson, UTU Arizona state legislative director

For more information on the UTU Rail Safety Task Force and its mission, click here:

https://www.smart-union.org/safety/smart-rail-safety-task-force/ 

The UTU and the Brotherhood of Locomotive Engineers and Trainmen filed on Nov. 14 a joint petition for review by the Federal Railroad Administration of the FRA’s so-called emergency cell phone order, requesting that the FRA make additional exceptions to the order in the name of safety.

The ban, effective Oct. 27, applies to any electronic device that was not provided to the railroad operating employee by the employing railroad for business purposes. (For more detail, see www.utu.org and click on “FRA cell phone ban” at the bottom right corner.)

The UTU and the BLET are seeking exceptions to the order banning the use of personal electronic devices while deadheading; the use of cameras that can document safety hazards or safety law violations; and the use of electronic calculators and global positioning satellite (GPS) devices that can aid safe train operation.

“It is not our intention to unnecessarily complicate a fairly bright-line rule regarding the use of electronic and electrical devices,” UTU International President Mike Futhey and BLET President Ed Rodzwicz jointly in the petition for review. “However, we do believe FRA should seriously consider those atypical situations in which [the emergency order] as currently written could inadvertently result in a diminution of safety, as compared to operating conditions and practices in effect prior to its promulgation.”

As for deadheading, the two unions argue that since deadheading crews have fulfilled their safety-related responsibilities — and in many cases are not on duty — their use of electronic devices should not be restricted to business purpose use only.

To that end, the unions ask the FRA to rewrite a portion of the emergency order to read: “A railroad operating employee who is deadheading may use a cell phone while within the body of a passenger train or railroad business car, or while inside the cab of a locomotive that is not the lead locomotive of the train on which the employee is deadheading.”

As for cameras, the UTU and the BLET argue that the emergency order appears to forbid photographic documentation by a train employee of safety hazards or violations of rail safety laws, regulations, orders or standards, which would actually diminish railroad safety.

The two unions ask for an exemption, which would read:

“An electronic still or video camera may be used to document a safety hazard or a violation of a rail safety law, regulation, order or standard; provided, that (1) the use of a camera in the cab of a moving train may only be by a crew member other than the locomotive engineer, and (2) the use of a camera by a train employee on the ground is permissible only when (a) the employee is not fouling a track, (b) no switching operation is underway, (c) no other safety duties are presently required, and (d) all members of the crew have been briefed that operations are suspended. The use of the photographic function of a cell phone is permitted under these same conditions.”

Third, the unions question a section of the emergency order that prohibits the use of electronic devices such (as calculators) to make computations. The UTU and the BLET point out that a number of safety-critical computational functions are required in numerous circumstances if on-board systems fail or are not provided. These include managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length for speed restrictions and clearing track authorities.

A new section regarding exceptions to this portion of the emergency order should be added as follows:

“When mathematical calculations are required for safe train movement (e.g., managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length), it is permissible to perform such calculations by using an electronic calculator, or by using the calculator function of a cell phone or electronic timepiece.”

Fourth, the two unions petition the FRA to allow the use of global positioning satellite (GPS) tracking devices in order to gauge the accuracy of locomotive speed indicators, particularly when the designated measured mile lies within a temporary speed restriction of less than 30 miles per hour.

One effect of the emergency order is to preclude the use of a GPS device to calculate the speed of a train that is not equipped with a speed indicator because the train will not exceed 20 mph. Another is that the accuracy of a speed indicator determined within a slow order of 30 mph or less cannot be correlated with its accuracy at speed above 30 mph. Maintaining proper train speed is both safety-critical and demanded of a locomotive engineer.

The UTU and BLET ask the FRA to consider an exception to the emergency order for GPS devices, requesting that GPS tracking devices be allowed to verify the accuracy of the speed indicator in a controlling locomotive.