Year: 2010

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A new survey by the AFL-CIO shows young workers worse off this year than they were last year.

In response, the federation is ratcheting up its outreach program to connect with the next generation of workers.

The survey shows young workers are more likely to be working part time, if at all, and have fewer resources to fall back on than they did just last year.

Only 52 percent of young workers surveyed said that they have enough savings to cover their living expenses for two months or more, compared with 60 percent in 2009.

Sixty percent report being concerned about their futures, compared with 41 percent last year. Many also are concerned they will fare worse than previous generations when they reach retirement age.

“In these tough economic times, young workers need more than ever to know the value of collective action and be connected with unions,” said AFL-CIO Secretary-Treasurer Liz Shuler.

The AFL-CIO will establish a National Young Worker Advisory Council to advise the federation’s executive council on the short-term and long-term goals of the young workers’ outreach program. UTU International President Mike Futhey is a member of the executive council.

Another step being taken by the federation include developing a mentoring model for bringing experienced union leaders and young workers together to learn from each other.

The AFL-CIO also will be working with the American Federation of Teachers to develop new ways to include curricula about unions in classrooms around the country and to build a stronger presence on college campuses.

The Railroad Retirement Act provides disability annuities for railroaders who become totally or occupationally disabled. Medicare coverage before age 65 is also available for totally disabled employees and those suffering from chronic kidney disease.

The following questions and answers describe these disability benefits, their requirements, and how to apply for them.

1. How do railroad retirement provisions for total disability and occupational disability differ?

A total disability annuity is based on permanent disability for all employment and is payable at any age to employees with at least 10 years of railroad service, and under certain conditions to employees with five years of service after 1995.

An occupational disability annuity is based on disability for the employee’s regular railroad occupation and is payable at age 60 if the employee has 10 years of service, or at any age if the employee has at least 20 years of service. A “current connection with the railroad industry” is also required for an occupational disability annuity. The current connection requirement is normally met if the employee worked for a railroad in at least 12 of the last 30 consecutive months immediately preceding the annuity beginning date.

If an employee does not qualify for a current connection on this basis, but has 12 months’ service in an earlier 30-month period, he or she may still meet the current connection requirement. This alternative generally applies if the employee did not have any regular employment outside the railroad industry after the end of the last 30-month period which included 12 months of railroad service and before the month the annuity begins or the date of death. Full or part-time work for a nonrailroad employer in the interval between the end of the last 30-month period including 12 months of railroad service and the beginning date of an employee’s annuity, or the month of death if earlier, can break a current connection.

2. Under what conditions can disabled employees with five years of service be eligible for railroad retirement disability annuities?

Employees with five years of service after 1995 may qualify for an annuity based on total and permanent, but not occupational, disability if they have a disability insured status under social security law. A disability insured status is established when an employee has social security or railroad retirement earnings credits in 20 calendar quarters in a period of 40 consecutive quarters ending in or after the quarter in which the disability began.

Unlike the two-tier annuities payable to a 10-year employee, disability annuities payable to five-year employees are initially limited to a tier I social security equivalent benefit; a tier II benefit is not payable in these cases until the employee attains age 62. And, the employee’s tier II benefit will be reduced for early retirement in the same manner as the tier II benefit of an employee who retired on the basis of age rather than disability at age 62 with less than 30 years of service.

3. How do the standards for total disability and occupational disability differ?

An employee is considered to be totally disabled if medical evidence shows a permanent physical and/or mental impairment preventing the performance of any regular and gainful work. A condition is considered to be permanent if it has lasted or may be expected to last for a continuous period of at least 12 months or result in death.

An employee is considered to be occupationally disabled if a physical and/or mental impairment prevents the employee from performing the duties of his or her regular railroad occupation, even though the employee may be able to perform other kinds of work. An employee’s regular occupation is generally that particular work he or she has performed for hire in more calendar months, which may or may not be consecutive, than any other work during the last five years; or that work which was performed for hire in at least one-half of all the months, which must be consecutive, in which the employee worked for hire during the last 15 years.

4. How does the amount of a railroad retirement disability annuity compare to a social security disability benefit?

Disabled railroad workers retiring directly from the railroad industry at the end of fiscal year 2009 were awarded nearly $2,800 a month on the average, while awards for disabled workers under social security averaged about $1,125.

5. When is early Medicare coverage available for the disabled?

In general, Medicare coverage before age 65 may begin after a totally disabled employee has been entitled to a disability annuity for at least 24 months and has a disability insured status under social security law. The fact that an employee is initially awarded an occupational disability annuity does not preclude early Medicare coverage, if the employee’s physical and/or mental condition is such that he or she is totally and permanently disabled.

Medicare coverage on the basis of kidney disease requiring dialysis or a kidney transplant is available not only to employee annuitants, but also to employees who have not retired but meet certain minimum service requirements, as well as spouses and dependent children. For those suffering from chronic kidney disease, coverage may begin with the third month after dialysis treatment begins, or earlier under certain conditions.

6. Do the railroad retirement disability annuity requirements include a waiting period similar to that required for social security disability benefits?

Yes. A five-month waiting period beginning with the month after the month of the disability’s onset is required before railroad retirement disability annuity payments can begin. However, an applicant need not wait until this five-month period is over to file for benefits.

The Board accepts disability applications up to 3 months in advance of an annuity beginning date which allows the agency to complete the processing of most new claims before a person’s actual retirement date. An employee can be in compensated service while filing a disability application provided that the compensated service is not active service and terminates before the annuity beginning date and the end of the 3-month period. When an employee files a disability application while still in compensated service, it will be necessary for the employee to provide a specific ending date of the compensation.

Compensated service includes not only compensation with respect to active service performed by an employee for an employer, but also includes pay for time lost, wage continuation payments, certain employee protection payments and any other payment for which the employee will receive additional creditable service.

7. What documentation is required when filing for a railroad retirement disability annuity?

Employees filing for disability annuities are required to submit medical evidence supporting their claim. Applicants should be prepared to furnish dates of hospitalization, names and dosages of medication, names of doctors, etc. Applicants may also be asked to take special medical examinations given by a doctor named by the RRB. If a disability applicant is receiving workers’ compensation or public disability benefits, notice of such payments must be submitted.

Sources of medical evidence for railroad retirement disability purposes may include, but are not limited to, the applicant’s railroad employer, personal physician and hospital, the Social Security Administration or the agency paying workers’ compensation or public disability benefits. This evidence generally should not be more than 12 months old. In addition, proof of age and proof of any military service credit claimed and a description of past work activity will also be required.

8. What is the best way to apply for a railroad retirement disability ann
uity or early Medicare coverage?

Applications for railroad retirement disability annuities are generally filed at one of the Board’s field offices, or at one of the office’s Customer Outreach Program (CORP) service locations, or by telephone and mail. However, applications by rail employees for early Medicare coverage on the basis of kidney disease have to be filed with an office of the Social Security Administration, rather than the Railroad Retirement Board.

To expedite filing for a railroad retirement disability annuity, disabled employees or a family member should call or write the nearest Railroad Retirement Board field office to schedule an appointment. For the appointment, claimants should bring in any medical evidence in their possession and any medical records they can secure from their treating sources, such as their regular physician. Employees who are unable to personally visit an RRB office or meet an RRB representative at a CORP service location may request special assistance, such as having an RRB representative come to a hospital or the employee’s home. RRB personnel can assist disabled employees with their applications and advise them on how to obtain any additional medical evidence required or any other necessary documents or records.

9. Can an individual continue to receive an employee disability annuity even if he or she does some work after it begins?

Special earnings rules apply to disability annuitants and they are more stringent than those that apply to annuitants who have retired on the basis of age and service. Disability annuities are not payable for any month in which the annuitant earns more than $780 in 2010 in any employment or self-employment, exclusive of work-related expenses. Withheld payments will be restored if earnings for 2010 are less than $9,750 after deduction of disability-related work expenses. Failure to report such earnings could involve a significant penalty charge.

These disability work restrictions cease upon a disabled employee annuitant’s attainment of full retirement age (age 65 for those born before 1938 to age 67 for those born in 1960 or later), when the annuitant becomes subject to the work and earnings restrictions applicable to employee annuities based on age and service. This transition is effective no earlier than full retirement age, even if the annuitant had 30 years of service.

If a disabled annuitant works before full retirement age, this may also raise a question about the possibility of that individual’s recovery from disability, regardless of the amount of earnings. Consequently, any earnings must be reported promptly to avoid overpayments, which are recoverable by the Board and may also include penalties.

10. Does employment with a rail labor organization affect eligibility for a disability annuity?

Payment of an employee’s disability annuity cannot begin earlier than the day after the employee stops working in compensated service for any railroad employer, including labor organizations. Such work includes service for more than $24.99 in a calendar month to a local lodge or division of a railway labor organization. Also, work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary, is railroad work which must be stopped.

11. Must an employee relinquish employment rights in order to receive a disability annuity?

An employee can be in compensated, but non-active, service while filing a disability annuity application as long as the compensated service terminates within 90 days from the date of filing. However, in order for a supplemental annuity to be paid or for an eligible spouse to begin receiving benefits, a disability annuitant under full retirement age must relinquish employment rights.

12. How can individuals find out more information about disability annuities?

More information is available by visiting the RRB’s web site, www.rrb.gov, or by calling an RRB office toll-free at 1-877-772-5772. Persons can find the address of the RRB office servicing their area by calling the agency’s toll-free number or at www.rrb.gov.

(The preceding release was issued by the Railroad Retirement Board on October 12, 2010.)

Serious runway incursions halved, says FAA Federal Aviation Administration Administrator Randy Babbitt says the number of serious runway incursions during the past 12 months at the nation’s airports dropped 50 percent from a similar 12-month period ending Sept. 30, 2009, the second consecutive year that the number of serious incursions was cut in half. “The goal we are working towards is zero runway incursions,” Babbitt said during a press conference at Boston’s Logan Airport where he highlighted runway safety technology. “I’m confident that the right combination of education and technology will help us get there.” The number of serious runway incursions at the nation’s airports dropped from 12 in fiscal year 2009 to six in fiscal year 2010, which ended on Sept. 30. In fiscal year 2000 there were 67 serious runway incursions. Of the six incursions this fiscal year, three involved commercial aircraft. Several years ago the FAA launched an intensive effort to improve runway safety. That effort included the expedited installation of new technology at airports, expanded requirements for improved signage and markings at airports, and improved pilot training on runway conflict scenarios. Since then, the FAA and pilot groups also have conducted extensive outreach and training for general aviation pilots. Babbitt said the runway status lights system at Boston’s Logan Airport has completed a successful testing period. The runway safety system gives direct warnings to pilots of potential runway incursions or collisions through a network of red lights that are embedded in the airfield pavement. The lights warn pilots when it is unsafe for a pilot to enter, cross or proceed down a runway. Pilots must stop when the red lights are illuminated and may not continue without clearance from air traffic control. The new technology, which is also being used at Dallas/Ft. Worth, San Diego and Los Angeles, was successfully tested for 90 days at Boston. The FAA partnered with the Massachusetts Port Authority to install the system. The FAA funded the design and development of the system, as well as the equipment. Massport paid for the installation of the airfield lighting equipment. Runway status lights systems are scheduled to be installed at 23 airports across the country beginning next year.

SAN FRANCISCO – With the San Francisco Unified School District facing a deficit of $113 million over the next two school years, a decision is looming to cut the number of buses to save money.

UTU Local 1741 officer Paul Stein was quick to intervene, telling the San Francisco Examiner newspaper that “any potential cuts would not only affect the contracted bus drivers (UTU members represented by Local 1741), but students themselves.”

Stein was joined by Ellie Rossiter, executive director of Parents for Public Schools, who told the newspaper, “Parents rely on public transportation and school bus transit to get kids to school. It could be the deciding factor in school choice.”

The UTU and railroads party to the national rail agreement will meet next week and again in mid-November in continuing negotiations aimed at amending a contract covering wages, benefits and working conditions.

These will be the sixth and seventh negotiating sessions between the UTU and the National Carriers’ Conference Committee.

The national rail contract came open for amendment Jan. 1, 2010.

Carriers in national handling, under the umbrella of the National Carriers’ Conference Committee, include BNSF, CSX, Kansas City Southern, Norfolk Southern, Union Pacific and many smaller railroads.

Some 40,000 UTU members are affected by these national contract talks with the NCCC, and the resulting agreements frequently set patterns for other negotiated rail agreements.

The Oct. 12-13 negotiations will focus on health-care insurance; and the Nov. 15-17 negotiations will focus on wages and working conditions.

“These upcoming negotiations could be potentially productive,” said UTU International President Mike Futhey, who is the UTU’s chief negotiator. “Nothing has been agreed to, but progress is being made. It is impossible to say that any issue has been finalized until all issues are agreed on,” Futhey said.

Other UTU officers on the negotiating team include Assistant President Arty Martin; International Vice Presidents Robert Kerley and Delbert Strunk; and General Chairpersons John Lesniewski (GO 049), Pate King (GO 680) and Doyle Turner (GO 347).

The existing national agreement remains in force until amendments are concluded under provisions of the Railway Labor Act.

Negotiations also continue between the National Carriers Conference Committee and two rail-labor coalitions.

One, led by the Teamsters Rail Conference, includes the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Maintenance of Way Employes, the Brotherhood of Railroad Signalmen, the Brotherhood of Boilermakers and Blacksmiths, the National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association.

The other, which has asked for mediation under provisions of the Railway Labor Act, include the Transportation Communications Union, the American Train Dispatchers Association, the International Association of Machinists, the International Brotherhood of Electrical Workers, and the Transport Workers Union.

LOS ANGELES — A former Federal Railroad Administration chief safety officer, Jim Schultz, who later became a highly respected safety officer at CSX, is advising Los Angeles Metrolink as it moves to lead the rail industry in installing and implementing a positive train control system on Metrolink’s seven-route, 512-mile system serving the Southern California counties of Los Angeles, Orange, Riverside, San Bernadino and Ventura.

Schultz, who was the FRA’s chief safety officer during the mid-1990s, won substantial praise at CSX during the late 1990s for his efforts — not entirely successful — to end the industry’s 19th century military legacy of top-down management engaging in employee harassment and intimidation to enforce safety rules and regulations.

In its place, Schultz, a former Air Force fighter pilot and Chicago & North Western operating officer, advocated peer intervention and coaching within a progressive corporate culture that recognizes employees do not intentionally violate safety rules and regulations.

Now semi-retired, Schultz is advising the Los Angeles Metrolink board of directors, which last week agreed to award a $120 million contract to Parsons Transportation Group to manage and integrate what the board calls “an aggressive implementation schedule” for PTC.

Recognizing the United Transportation Union’s perennial strong advocacy for positive train control, Schultz accompanied Metrolink CEO John Fenton to Washington, D.C., last week to brief UTU International President Mike Futhey and Alternate National Legislative Director John Risch on Metrolink’s PTC progress.

“Metrolink was the nation’s first rail operator to receive FRA approval for its PTC implementation plan,” Fenton said, and intends to be the “first railroad” to put it in operation. A federal mandate requires that freight and passenger railroads install PTC on designated lines by Dec. 31, 2015.

Positive train control, which has been on the National Transportation Safety Board’s “most wanted” list for more than a decade, is collision avoidance technology that monitors and controls train movements remotely, can prevent train-to-train collisions, prevent unauthorized train movement into a work zone, halt movement of a train through a switch left in the wrong position, and stop trains exceeding authorized speeds.

The Los Angeles Metrolink system, said Fenton, will consist of:

  • PTC on-board computers, display screens, GPS tracking, and radios on 57 cab-cars and 52 locomotives.
  • Stop-enforcement at 476 wayside signals.
  • Specialized communications to link wayside signals, trains and central dispatch.
  • A new central dispatch system.
  • Full interoperability with PTC eventually installed on freight railroads over whose track Metrolink operates — BNSF and Union Pacific.

While at CSX, Schultz said, “More than 150 years of ingrained tradition and culture must be changed” — replaced by “safety advocacy … We must create an open workplace where employees, their labor unions and management work as a team to take advantage of every opportunity to catch and push the company to a zero tolerance for safety breaches.”

Schultz was an early advocate of joint labor-management collaboration to draft improved safety standards, which is now embodied in the mission of the Rail Safety Advisory Committee (RSAC), through which all segments of the rail community work together to fashion mutually satisfactory solutions on safety regulatory issues.

Airline pilots who sleep in the terminal because lodging is not provided?

Flight attendants who can’t afford dental care and have used Super Glue to mend a broken tooth?

Pilots and flight attendants who qualify for food-stamps?

For airline pilots and flight attendants employed by many small regional airlines, that’s the professional life they lead — hardly the glamour that many Americans associate with airline employment.

The United Transportation Union, which represents some of these workers, will be asking the new Congress in 2011 to pass legislation requiring air carriers who participate in the Federal Essential Air Service Program to pay a livable wage to their employees.

Essential Air Service is a program that subsidizes carriers who provide service to mostly rural destinations that would have little or no air service without the program. The communities that benefit from the service are, for the most part, located in areas with limited transportation options and rely on the program as a vital connection to the larger transportation network.

“Employees of Essential Air Service carriers — air carriers that receive millions of dollars in federal subsidies to serve rural areas — are professionals responsible for the safe transport of their passengers,” said United Transportation Union International President Mike Futhey. “While these employees are subject to the rules and regulations applying to all commercial pilots and flight attendants, Essential Air Service pilots and flight attendants receive compensation that is oftentimes barely above the minimum wage.

“In many cases, the crews are paid an average ‘credit time’ for their flights, meaning if they run over because of weather or terminal delays, they are not compensated for prep time, de-icing time, taxi time or even some of the flight time,” Futhey said. “Yet, some of these airlines are controlled by millionaires who pocket the taxpayer supplied federal subsidies while their employees suffer living standards equivalent to those on food stamps.”

UTU National Legislative Director James Stem said, “The United Transportation Union will collaborate in solidarity with other labor organizations to end the Essential Air Carrier abuse of this taxpayer-funded program and Essential Air Carrier employees.”

Airline pilots who sleep in the terminal because lodging is not provided?

Flight attendants who can’t afford dental care and have used Super Glue to mend a broken tooth?

Pilots and flight attendants who qualify for food-stamps?

For airline pilots and flight attendants employed by many small regional airlines, that’s the professional life they lead — hardly the glamour that many Americans associate with airline employment.

The United Transportation Union, which represents some of these workers, will be asking the new Congress in 2011 to pass legislation requiring air carriers who participate in the Federal Essential Air Service Program to pay a livable wage to their employees.

Essential Air Service is a program that subsidizes carriers who provide service to mostly rural destinations that would have little or no air service without the program. The communities that benefit from the service are, for the most part, located in areas with limited transportation options and rely on the program as a vital connection to the larger transportation network.

“Employees of Essential Air Service carriers — air carriers that receive millions of dollars in federal subsidies to serve rural areas — are professionals responsible for the safe transport of their passengers,” said United Transportation Union International President Mike Futhey. “While these employees are subject to the rules and regulations applying to all commercial pilots and flight attendants, Essential Air Service pilots and flight attendants receive compensation that is oftentimes barely above the minimum wage.

“In many cases, the crews are paid an average ‘credit time’ for their flights, meaning if they run over because of weather or terminal delays, they are not compensated for prep time, de-icing time, taxi time or even some of the flight time,” Futhey said. “Yet, some of these airlines are controlled by millionaires who pocket the taxpayer supplied federal subsidies while their employees suffer living standards equivalent to those on food stamps.”

UTU National Legislative Director James Stem said, “The United Transportation Union will collaborate in solidarity with other labor organizations to end the Essential Air Carrier abuse of this taxpayer-funded program and Essential Air Carrier employees.”

WASHINGTON — The Federal Railroad Administration has announced it will make permanent its Emergency Order No. 26 restricting the use by on-duty train crews of cell phones and other electronic devices.

Some changes, as described below, are to be included in the permanent ban.

The emergency order was issued in October 2008, and the permanent ban will go into effect in late March 2011, following mandatory carrier instruction of train and engine workers covered under the ban.

During the interim, Emergency Order No. 26 will remain in effect.

The emergency order and the permanent ban prohibit the use of an electronic device — whether personal or railroad supplied — if it interferes with that employee’s or another employee’s performance of safety-related duties.

The permanent ban, going into effect in six months, contains some different provisions from the 2008 emergency order and/or the FRA’s May draft final of the permanent ban:

Engineer and conductor certification

The final rule will not immediately subject engineers or conductors (when conductor certification, required by the Railroad Safety Improvement Act of 2008, is implemented) to revocation of their certification for a violation of the ban.

However, the FRA said it “may be appropriate” in the future to revoke such certification following a violation.

After the FRA unveiled its draft final rule in May, the UTU and other rail labor organizations filed written comments in June, strongly objecting to making such violations subject to revocation of certification.

Personal cellphone records

The final rule scraps an FRA suggestion in its draft final rule that train and engine workers provide railroads access to their personal cellphone records in the event of an accident. The FRA said it already has such authority under the law. The UTU and other rail labor organizations had argued that such a provision would “result in harassment of our members by accessing their personal phone records for any and every incident.”

Personal emergencies

The final rule will not create an exception for personal emergencies. The FRA said such an exception “would present significant obstacles,” as an operating employee “found with a cellphone turned on while on a moving train could easily say the phone was on because of a sick family member, whether true or not.”

The UTU and other rail labor organizations had urged adoption of a personal emergency exception. But as the rule is now written, an employee will be prohibited from contacting health care providers or sick family members in emergency situations no matter how serious the situation is and even if their railroad employer would have permitted them to do so.

GPS devices

In the final rule, the use of personal global positioning service (GPS) devices is not permitted. “Locomotive engineers,” said the FRA, “are required to be familiar with the physical characteristics of the routes over which they operate. Thus, engineers should already be aware of where sidings, road crossings, and other physical characteristics are located.”

Calculators

The FRA’s final rule does permit calculators to be used to determine formulas such as train stopping calculations or tons per operative brake.

Cameras

The final rule allows for stand-alone cameras (not part of a cellphone or other electronic device) to document a safety hazard or a violation of a rail safety law, regulation order, or standard. However, the FRA final rule will permit the use of railroad-supplied multi-functional devices that include a camera for “authorized business purposes as specified by the railroad in writing” and only after being approved by the FRA.

The UTU and other rail labor organizations had argued that it “is unnecessary to require employees to carry several separate electronic devices on a daily basis to effectively and safety perform their duties.” The labor organizations recommended — but the FRA rejected — that a cellphone camera be allowed to document a hazard or violation of a regulation and then be turned off immediately.

To read the FRA’s Sept. 27 final rule, which is more than 40 pages when printed out, click on the following link:

http://edocket.access.gpo.gov:80/2010/2010-23916.htm

To read the June 17 joint filing by the UTU and other rail labor organizations to the draft final rule, which is 17 pages when printed out, click here.

WASHINGTON – President Obama has nominated Republican Thomas M. Beck, an attorney, to succeed Republican Elizabeth Dougherty on the three-member National Mediation Board.

The nomination requires Senate confirmation, and a confirmation hearing before the Senate Labor Committee has yet to be scheduled.

Since October 2, Beck has been serving as a Senate-confirmed member of the Federal Labor Relations Authority (FLRA) for a term that expired July 1. The FLRA administers labor-management relations for non-Postal Service federal employees.

As with the NMB, members of the FLRA may continue serving until a successor has been confirmed by the Senate. Dougherty’s term at the NMB expired June 30.

Previously, Beck was a partner in the law firm of Jones Day, practicing labor and employment law. He is a 1992 graduate of the University of Virginia Law School. Beck also is a part-time professor at George Mason University in Fairfax, Va., where he teaches courses on legislation and public policy.

The other two members of the NMB are Democrats – Chairman Harry Hoglander, who is serving his third term on the NMB, and Linda Puchala, who was confirmed to her first term on the NMB in May 2009.