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SMART Transportation Division National Legislative Director James Stem appeared before the U.S. Senate Committee on Commerce, Science and Transportation June 19 at a hearing to explore improvements in freight and passenger rail safety.

Stem testified on a variety of issues including fatigue, positive train control, the shipment hazardous materials, new technologies and worker training.

Stem told the committee that any discussion concerning rail safety should start with employee fatigue as the first order of business.

“Our railroad corporations are re-investing more than $20 billion annually in upgrading, maintaining and expanding their infrastructure, but are unwilling to invest anything in resolving the most pressing of safety issues – unpredictable work schedules coupled with employee availability policies,” Stem said.

“The Railroad Safety Improvement Act of 2008 contained provisions for two pilot projects sponsored by the Federal Railroad Administration for improving work schedules and employee notification. We have urged all the Class I railroads to participate in a pilot project, but not a single railroad would agree to a pilot.”

Stem offered the following suggestions to address the issue:

•Providing employees a regular start time so they know days in advance when they must come to work. A large majority of our members have a regular start time and do not consider fatigue to be a safety issue. Employees with regular start times are not the employees who are dying in fatigue-related collisions.

•Notifying employees before going off-duty what time they will be required to return to work for the next tour of duty. This option actually improves the availability of the employee by allowing the employee to return to service after only 10 hours off duty.

•Replacing the required 10 hours of undisturbed rest immediately following service that is now required with 10 hours of undisturbed rest immediately preceding service. This will give the employee at least 10 hours of notification prior to reporting for service.

“The high level of professionalism and dedication of the operating crews running our railroads today are the only reasons that accidents are not more frequent,” Stem said.

On positive train control, Stem testified that there are segments of the railroad industry that are hoping Congress will grant a blanket extension of three to five years for PTC implementation. The current required date for implementation is more than 30 months away on December 31, 2015.

“If Congress chooses to grant a blanket extension for PTC, the railroads that are behind on their implementation schedule today will further slow their progress, or just stop the process until that new extension expires,” he said.

“Any extension for PTC implementation should be on an individual basis, short in duration, six to 12 months, and only after identifying the reasons that the current implementation date is not obtainable.

“The PTC systems that are being implemented today contain all the information on thedisplay screen that is necessary to operate a train safely. This will be the first time that the operating crews on the locomotive will have all that information contained in one place and displayed in real time. The quality of that information on the screen will significantly reduce the complexity of safely operating the train.”

Some railroads, including Amtrak, BNSF and Metrolink in California have announced that they will be able to meet the statutory deadline and are continuing the implementation and testing of PTC components.

?On Amtrak, Stem testified about the need for continued funding of the passenger rail carrier.

“Since its inception, Amtrak has done a remarkable job with often inadequate resources. While setting ridership records in recent years, their safety record remains solid. Amtrak’s growing passenger volumes has made them far more self-sufficient than in the past, recovering 79 percent of their operating costs from ticket revenue. The high price of fuel, growing highway and airport congestion, and the significant increase in the number of passenger rail options, all contribute to the constant increases in ridership on Amtrak.

“Even with their remarkable progress, Amtrak has had no shortage of congressional critics who expect Amtrak to be the world’s only profitable passenger railroad. We ask that this committee take a fresh look at this American success story and work with the leaders of Amtrak and others to help ‘America’s Railroad’ build on its 40 plus years of success. Amtrak was created because the demand for rail passenger services remained strong, and the private railroads could not make a profit operating their own passenger trains.”

Addressing worker training, Stem said that thousands of new employees will be coming into the freight and passenger rail industies in the near future and that adequate and appropriate training is a major safety concern.

“Our experience is that the training of our members varies widely from railroad to railroad. Some of the larger railroads are reported to have excellent initial training programs for conductors and engineers. However, they rely almost exclusively on computer-based training for follow-up training or what I call ‘training on your own.’ They no longer use the traditional model of mentoring or apprenticeship, where a new employee has the advantage of working with more mature employees with experience, skills, and good technique.

“Forty years ago, there were five members of a train crew and they spent years working as brakemen before becoming conductors, and likewise, years as a fireman before becoming an engineer. Today, the standard crew size is two. Now railroads hire people off the street and train them to be conductors in several short months. We are concerned about the long-term impact of insufficient training processes that create employees that lack the confidence in their abilities to stop a train movement when they suspect something is wrong.

“It’s expensive to train new people, so like some American companies, railroads, when left to their own desires, will reduce training costs as much as possible for the short term gains involved.”

Also testifying before the committee were Federal Railroad Administrator Joe Szabo, National Transportation Safety Board Chairperson Deborah Hersman and Association of American Railroads President Edward Hamberger.

To read Stem’s complete written testimony, click here.

stem_senate_061913SMART Transportation Division National Legislative Director James Stem
testifies before the U.S. Senate Committee on Commerce, Science and Transportation
June 19, 2013.

Stem
Stem

As our Washington staff interacts with decision makers here in the nation’s capital, our focus is to improve our members’ job security and safety and to create more job opportunities in our industries.

We are presently involved in a number of efforts to fulfill those goals.

Fatigue is a major safety issue for our members in the rail, bus and airline industries. In 2012, the FRA published a final rule on passenger rail hours-of-service that requires the use of scientific models to measure the likelihood of fatigue. This is a first for our industry. We are working with other rail unions, the rail industry and FRA to finalize language on federally-mandated “risk reduction plans” that we hope will move us further along in addressing fatigue in the rail industry.

We have also been working with other transit unions to find legislative and regulatory ways to address fatigue for our over-the-road bus operators and operators with early starts.

We have new rules from the Federal Aviation Administration on pilot hours-of-service requirements and we are working with other pilots’ unions to find improved applications of the new rules.

Other safety issues we are addressing are distractions caused by the use of electronic devices and the American culture that leads us to expect instant communication. This issue impacts all transportation employees, especially safety critical and CDL-qualified workers.

We are working with several other unions on coal-related issues, because hauling coal by train is such a big part of what our members do. The clean air and clean water laws are pushing the Environmental Protection Agency to issue regulations on gas emissions from coal-fired power plants that we think are too stringent. The low price of natural gas is our main concern, with many power plants converting to gas to take advantage of the lower prices. We have a big challenge here.

We are also working with groups to promote the growth of transit and public transportation options, and stable funding sources for transit operations, inter-city passenger and commuter rail.

There is an effort in the House of Representatives to raise truck weights from the current 80,000 lb. limit to 97,000 lbs. This would cause some traffic to shift from our nation’s railroads onto our already overburdened highways, causing more damage to our crumbling roads and bridges and increasing the stopping distances required for these trucks.

The U.S. DOT is conducting a comprehensive study to determine the impact increased truck weights would have on our infrastructure, but several members of Congress are pushing increased truck weights before the DOT study is complete.

I urge all our members and their families to get registered and to vote in every election. Our transportation industry is most sensitive to legislation and regulation. What government does at every level matters to transportation workers, so your participation in the election process is not just a civic responsibility, it is an important way for you to protect your livelihood and personal safety.

Your UTU PAC contributions are also desperately needed to help us deliver your message to the decision makers who can make a difference. UTU PAC is a tool that opens the door and provides access to lawmakers. So, give to UTU PAC like your job depends on it…because it does.

Former International President Tom DuBose
(1991-1995)

Having served as a member and as chairperson of UTU national negotiating committees, and as a UTU International officer for 28 years, I found that the failure to reach an agreement on the national level carries the risk of having third party recommendations placed in effect by Congress.

In my 36 years of service, those decisions by Congress never were in favor of the worker – even when Democrats controlled both the House and Senate.

In today’s increasingly conservative and anti-labor political climate, allowing a presidential emergency board and Congress to determine our contract terms would be the same as our adopting the Section 6 notices of the carriers.

No national agreement has ever been perfect. This agreement is extraordinary in terms of what other labor unions have been able to achieve. A failure to ratify this agreement could be devastating to our membership.

Assistant President Arty Martin

Without the negotiated $200 monthly cap on employee health care contributions, they could rise to $355 monthly by 2015 under the formula in the existing contract.

That cap alone is worth more than $5,000 over the life of this agreement. In fact, not a penny of the wage increases negotiated is to be offset through higher health care insurance contributions for 6½ years, which is 1½ years beyond the term of this agreement. For many members, there could be a reduction in out-of-pocket costs for doctor visits and prescription drugs.

In addition to the 17-percent wage increase, which is actually 18.24 percent when compounded, we have negotiated additional pay for every FRA-certified job, a faster process for new hires to reach full pay, cash payments to those still under the five-year service scale, no work rules concessions and a process for local negotiations on alternative compensation, compensation enhancement and electronic bidding and bumping.

General Chairperson (NS GO 680) Pate King

I’m still feeling the devastating effects of PEB 219 in 1991, which were imposed by a Congress where Sen. Ted Kennedy (D-Mass.) and Rep. John Dingell (D-Mich.), both longtime friends of labor, chaired the key Senate and House transportation committees.

I shudder to imagine what the current anti-labor chairman of the House  Transportation & Infrastructure Committee, John Mica (R-Fla.), might have in store for us if we vote down this agreement and turn our fates over to third parties.

This agreement deserves to be ratified on its merits. It is the very best agreement we could gain in this difficult economic and political environment.

International Vice President Delbert Strunk

This is the best deal out there by far: The wage increases, the cap on monthly employee health care contributions, significant savings that can be realized with decreases in generic drug co-pays and added coverage such as personalized medicine, improved entry rates for new hires, certification pay, and no work-rules concessions.

Additionally, general chairpersons have the opportunity to negotiate issues on the property relative to electronic bidding and bumping, as well as enhanced benefits. This is especially important for NS and CSX committees.

Every cent that could be gained at the negotiating table was squeezed from the carriers. No other organization has done better, period! This agreement should be ratified by our members.

International Vice President Robert Kerley

In a time of unprecedented global economic uncertainty, high unemployment rates and stagnating or retreating wages for most working Americans, this agreement provides for wage increases that far exceed anticipated increases in the Consumer Price Index, plus affordable and superior health care benefits that include the addition of state-of-the-art services and enhancements never before available to UTU members.

All this is without any work rule concessions that have historically accompanied such gains. I wholeheartedly endorse this proposal for ratification.

 General Chairperson (CSX GO 049) John Lesniewski

Lesniewski, John; John Lesniewski; G0-049; GO 49; General ChairmanIt would be irrational for our UTU membership to forsake a 17 percent general wage
increase (18.24 percent when compounded), certification pay and a condensed  new-hire service scale for the alternative of an imposed settlement decided by a third party. Historically, having a third party-imposed settlement has fared poorly for labor.

Entering these negotiations, I didn’t anticipate we could roll back our members’ health care contributions to $200 monthly and freeze them for 6½ years. The health care cost issue isn’t going away, and we met it head on, minimizing the impact on UTU members in a responsible way.

We cannot simply bury our heads in the sand and ignore the current state of the economy, escalating health care costs, the high unemployment rate, and recent wage and health care settlements made by other organizations that are well below what we have negotiated.

Alternate International Vice President Doyle Turner

Our members need to consider today’s double digit increases in health care costs.
The proposed UTU national rail contract maintains your health care insurance contribution at $200 while improving coverage.
 
The agreement also provides a 17-percent increase in wages (which is more than 10 percent in excess of projected inflation over the life of the agreement), plus service-scale enhancements, FRA certification pay, a special wage adjustment for yardmasters of 12.5 cents per hour, and a supplemental sickness benefit increased to $3,333 per month.

I fully support this proposed agreement and urge a “yes” vote.

 National Legislative Director James Stem

This is a very good agreement, regardless of economic conditions; but it is especially good given its increase over price inflation. No previous agreement provided wage increases so far above the Consumer Price Index without significant rules changes, as does this agreement.

Also to be considered is how the U.S. House of Representatives, controlled by political extremists, is attempting to reduce Railroad Retirement, Social Security and Medicare benefits, eliminate Amtrak and slash transit subsidies.

It would not be wise for us to ask Congress, already in gridlock over economic issues, to legislate an agreement based on recommendations of a presidential emergency board.

Workers are under sustained attack. This agreement provides significant financial improvement and economic stability for our families. Any other option would be a big gamble we cannot afford to take.

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

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

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

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

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

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

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

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

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

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

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

WASHINGTON — The single most important action Congress and the Federal Railroad Administration can take to improve rail safety — especially in the movement of hazardous materials — is to eliminate train-crew fatigue and provide predictable start times for train crews.

That was the message delivered April 7 to the House Railroad Subcommittee by UTU National Legislative Director James Stem. The subcommittee met to learn more about rail hazmat safety.

“The unpredictable work schedules of safety critical operating employees in the railroad industry has and continues to be the root cause of the fatigue problems that have placed many releases of hazardous materials on the front pages of our newspapers,” Stem told the subcommittee.

Although the Rail Safety Improvement Act of 2008 (RSIA) provides for 10 hours of undisturbed rest between work assignments, “the application is misplaced because it does nothing to improve the predictability of reporting times nor does it allow employees the opportunity to plan their rest before reporting for duty,” Stem said.

“One small improvement that will make a tremendous difference in the safety for all train operations is simply to move the required 10 hours of undisturbed rest from immediately following service to immediately preceding service,” Stem said.

“The minimum of 10 hours of notification before reporting for 12 hours or more of safety critical service will allow operating employees to get their proper rest prior to reporting for duty so they can safety and alertly operate their train while on duty.

“An even greater safety enhancement would be to assign regular start times for each crew, or at a minimum require that crews be notified before going off duty of the time they must report back for service,” he said.

Stem told the subcommittee that many railroads “have worked hard since RSIA was passed to develop new software programs to enable their operations to deny the required rest days for employees. Many employees are required to observe their only day off while laying over in a one-star hotel at the away from home terminal.

“The itemized six-and-two and seven-and-three work-rest schedules in the RSIA remain a dream for 95 percent of our freight operating employees,” Stem said.

The UTU’s national legislative director also stressed a need for more frequent track inspections. “Timely track inspections by qualified track inspectors should be conducted with a frequency directly proportional to the amount of traffic passing over a track segment,” Stem told the subcommittee.

Stem provided the subcommittee, on behalf of the UTU and its members, a list of 24 specific recommendations to reduce crew fatigue:

  1. Railroad employees covered by the hours of service law shall be provided a predictable and defined work/rest period.
  2. A 10-hour call for all unassigned road service. This provision would require the 10 hours of undisturbed rest be provided immediately prior to performing covered service instead of immediately following service.
  3. All yard service assignments with defined start times will be covered by the same provisions that now apply to passenger and commuter rail.
  4. All yardmaster assignments will be HOS-covered service under the freight employees’ rule.
  5. The FRA shall issue regulations within 12 months to require all deadhead transportation in excess of a certain number of hours to be counted as time on duty and a job start.
  6. No amount of time off-duty at the away from home terminal will reset the calendar clock of job starts, and the employee shall not be required to take mandatory rest days at the away from home terminal.
  7. 24 hours off duty at the home terminal which does not include a full calendar day will reset the calendar clock.
  8. Interim release periods require notification to the crew before going off duty. If the crew is not notified, the 10 hours uninterrupted rest will prohibit changing the service to include an interim release.
  9. There shall be a two-hour limit on limbo time per each tour of duty.
  10. There shall be assigned a minimum of 24 hours off duty at the designated home terminal in each seven-day period during which time the employee shall be unavailable for any service for the railroad. The off-duty period shall encompass a minimum of one full calendar day and the employee shall be notified not less than seven calendar days prior to the assigned off duty period.
  11. A railroad shall provide hot nutritious food 24 hours a day at the sleeping quarters when the crew is at the designated away from home terminal, and at an interim release location. If such food is not provided on a railroad’s premises, a restaurant that provides such food shall not be located more than five minutes normal walking distance from the employee’s sleeping quarters or other rest facility. Fast food establishments shall not satisfy the requirements of this subsection.
  12. A railroad shall be prohibited from providing sleeping quarters in areas where switching or humping operations are performed.
  13. Not later than 12 months after the date of enactment of this act, the FRA shall promulgate a regulation requiring whistle-board signs allocated at least 1/4 mile in advance of public highway-rail grade crossings. Provided, however, such regulation shall not apply to such crossings that are subject to a whistle ban.
  14. Under the railroad whistle-blower law, the secretary of labor shall have subpoena power to require the production of documents and/or the attendance of witnesses to give testimony.
  15. Notwithstanding any other provision of law, regulation or order, whenever Congress enacts legislation mandating that the FRA promulgate a railroad safety regulation, there shall be no requirement for a cost/benefit analysis by the FRA.
  16. During an accident/incident investigation process, upon request, a railroad shall produce event recorder information to law enforcement personnel and to the designated employee representative(s) defined under the Railway Labor Act.
  17. In an engineer or conductor decertification proceeding, if the FRA issues a final order in favor of an employee, a railroad shall be prohibited from subsequently attempting to discipline such employee for any alleged acts which may have arisen from the incident involved in the decertification proceeding.
  18. In an engineer or conductor certification or decertification proceeding the FRA shall have the authority to require the retesting of the employee, to order the employee’s reinstatement with the same seniority status the employee would be entitled to but for decertification or refusal of certification, and to grant any other or further relief that the FRA deems appropriate.
  19. All federal railroad safety laws and regulations shall be subject only to the preemption requirements set forth in the Federal Railroad Safety Act.
  20. A railroad owned or operated by a state or other governmental entity shall, as a condition of being a recipient of federal funds, agree immediately thereafter the receipt of such funds to waive any defense of sovereign immunity in a cause of action for damages brought against such railroad alleging a violation of a federal railroad safety law or regulation pursuant to title 28, 45, or 49, United States Code.
  21. No state law or regulation covering walkways for railroad employees shall be preempted or precluded until such time as the FRA promulgates a regulation which substantially subsumes the subject matter.
  22. In any claim alleging a violation of a federal railroad safety law, a settlement of such claim cannot release a cause of action, injury or death which did not exist at the time of settlement of such claim.
  23. An employee of the NTSB or the FRA who previously worked as a railroad employee has the right to return to railroad employment with all seniority retained.
  24. Amtrak shall not be liable for damages or liability, in a claim arising out of an accident or incident unless the said Corporation is negligent in causing the accident or incident.

By James Stem,
UTU National Legislative Director

With the election over, change has come to Washington. Since 2001, the congressional political majority has shifted three times. New majorities are nothing new to our UTU legislative team.

While most UTU-endorsed candidates were re-elected, we did lose friends with whom we had long and positive relationships. Thankfully, the UTU is a bipartisan organization that works with lawmakers on both sides of the political aisle.

In the now Republican-controlled House of Representatives, there will be new committee chairpersons – those posts mean everything. Chairpersons decide which bills have hearings and are moved to the House floor for a vote.

Rep. John Mica (R-Fla.) – very knowledgeable on rail, bus and transit issues, and an advocate of investment in infrastructure – likely will chair the Transportation & Infrastructure Committee, where most transportation legislation is first considered. He is one of many Republicans endorsed by the UTU and has exhibited strong support for Railroad Retirement. His door is always open to hear UTU concerns on legislation affecting our membership.

In the Senate, the key committee for transportation legislation is the Commerce Committee, and it likely will continue to be chaired by Sen. Jay Rockefeller (D-W. Va.), another UTU friend. Job number one for the National Legislative Office and talented state legislative directors now is to establish and maintain a dialogue with the newly elected members of Congress and state legislatures – Democrats and Republicans.

Our message will be consistent and focused on job security, better benefits and workplace safety.

Our UTU PAC will continue to be a crucial tool we use to influence legislation. Our UTU PAC helps to establish and maintain relationships. Working families cannot afford to write the large checks provided election campaigns by corporations and wealthy executives. We counter those efforts through our UTU PAC.

Our goal is to have every UTU member registered to vote, paying attention to the issues and contributing $1 per day to the UTU PAC.

You can commit to the UTU PAC by contacting the treasurer of your local, or by calling our Washington legislative office at (202) 543-7714.

Be assured that the UTU will continue working to protect Social Security and Railroad Retirement benefits, secure dependable funding for Amtrak and transit systems, make our jobs more secure and the workplace safer.