Year: 2010

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By UTU International President Mike Futhey

One of the jewels of the Obama health care reform plan passed into law by Congress earlier this year allows certain dependent children to remain on an employee’s health care insurance plan until age 26 without regard to student, marital, residence of financial dependent status.

This provision of the Patient Protection and Affordable Care Act becomes effective Jan. 1, 2011, but only if enrollment is accomplished during a special 30-day enrollment period.

Complete information on the eligible dependent child provision, and elimination of the lifetime maximum benefit limits on the railroad national health and welfare plans, will be detailed in the annual re-enrollment packet railroad employees will be receiving soon from UnitedHealthcare.

Members not covered by national rail plans — which includes UTU Bus Department and Airline Department members — should check with their employers regarding what actions may be necessary to ensure dependent children under 26 remain covered on their employer-provided heath care insurance plans.

As for UTU-represented railroad employees, It is essential you open the packet from UnitedHealthcare and review the information carefully when it arrives, as failure to complete and return the required information in the required time period could result in a missed opportunity to enroll your eligible dependent child.

The law requires that the addition to health care insurance plans of eligible dependent children under age 26 be accomplished within the 30-day special enrollment period.

Failure to complete and return the required information could result in eligible dependent children being denied coverage.

By Calvin Studivant
Alternate vice president, Bus Department

Newly manufactured motorcoaches would be required to have lap-shoulder seat belts – and older motorcoaches might be required to add them – under proposals from the U.S. DOT that are open for public comment.

The federal proposals do not include city or school buses. Only a handful of states require seat belts on school buses.

The DOT said that, between 1999 and 2008, there were 54 fatal motorcoach crashes resulting in 186 fatalities, most of them passengers ejected from buses. The majority of motorcoach trips – 65 percent – are made by children and senior citizens.

Wearing lap-shoulder belts on motorcoaches could reduce the risk for passengers of being killed in a rollover crash by 77 percent, says the DOT.

Separately, the AFL-CIO Transportation Trades Department (TTD), of which the UTU is a member, has added bus issues to its Washington lobbying responsibilities. Alternate Vice President Bonnie Morr and I are working with the TTD and other AFL-CIO transportation unions to advance a successful agenda before Congress and regulatory agencies.

At our initial meeting we discussed:

  • The growing privatization of school bus transportation.
  • The increasing number of school bus drivers considered part-time or seasonal and ineligible for health care insurance, sick leave, paid vacations and retirement plans.
  • A need for improved driver training to handle challenges of students with physical and mental disabilities.
  • A need for on-board monitors, uniform disciplinary procedures and driver training to control to control unruly students.
  • A need for training in the dangers of distracted driving that affect situational awareness, and providing medical-benefit assistance to diagnose and treat sleep apnea.
  • A need for more uniform background checks and equitable standards for disqualifying drivers.
  • The drafting of a modal labor agreement for school bus districts.

If you have suggestions for other agenda topics, please contact me.

GREAT FALLS, Mont. – A Montana resident believed to be the world’s oldest man celebrated his 114th birthday Tuesday at a retirement home in Great Falls, the Great Falls Tribune reports.

Walter Breuning was born on Sept. 21, 1896, in Melrose, Minnesota, and moved to Montana in 1918, where he worked as a clerk for the Great Northern Railway for 50 years.

His wife, Agnes, a railroad telegraph operator from Butte, died in 1957. The couple had no children.

Breuning inherited the distinction of being the world’s oldest man in July 2009 when Briton Henry Allingham died at age 113. Allingham had joked that the secret to long life was “Cigarettes, whisky and wild, wild women — and a good sense of humor,” according to Guinness World Records.

The Guinness organization and the Gerontology Research Group each have verified Breuning as the world’s oldest man and the fourth-oldest person. Three women were born earlier in the same year as Breuning.

Robert Young, senior consultant for gerontology for Guinness World Records, presented Breuning with a copy of the book’s 2011 edition that lists him as the record holder.

“Walter wasn’t in last year’s edition,” Young joked. “He was too young.”

The Great Falls Tribune reported that Breuning gave a speech before about 100 people at an invitation-only birthday party at the Rainbow Retirement Community, with a guest list that included Montana Gov. Brian Schweitzer and representatives from Guinness World Records.

Breuning was helped up to a lectern from his motorized cart, appearing somewhat frail but speaking with a strong voice.

He recalled “the dark ages,” when his family moved to South Dakota in 1901 and lived for 11 years without electricity, water or plumbing.

“Carry the water in. Heat it on the stove. That’s what you took your bath with. Wake up in the dark. Go to bed in the dark. That’s not very pleasant,” he said.

He said men and women may be able to enjoy life, but they can’t be content without a belief or faith. His parting message to the crowd was one of tolerance.

“With all the hatred in this world, in this good world, let us be kind to one another,” Breuning said.

Breuning has celebrity status at the retirement home, with visitors waiting in line to see him, Ray Milversted, 92, told the Tribune.

Tina Bundtrock, executive director of the Rainbow, said the home has adopted a policy of scheduling visits with Breuning by appointment, so he’s not taxed by people dropping in to see him.

Before his birthday party, Breuning declined to name a favorite among the 114 years he has seen.

“Every year is the same,” Breuning told the Great Falls newspaper.

But he criticized one modern invention — the computer.

“When the computer came out, that was one of the worst things,” Breuning said. “They laid off all the clerks on the railroad.”

But, he added, “Every change is good.”

(This item appeared Sept. 22, 2010, in the Tribune.)

By Richard Ross
Former SMART TD Director of Organizing
The SMART Transportation Division has a long history of representing transportation workers — fighting on their behalf for better job security, and improved wages, benefits and working conditions.
We have consistently handled more claims before various tribunals under the Railway Labor Act, the National Labor Relations Act, state laws, and in accordance with collective bargaining agreements, than other, much larger unions.
SMART TD has a proven track record of negotiating and defending superior labor agreements in the airline, bus, railroad and transit industries.
Our national and state legislative offices pride themselves in helping to elect labor-friendly lawmakers and gaining legislation and regulations that improve workplace safety.
In organizing, we offer those same services to those that wish to become SMART TD members, and we do so expecting little in return.
Organizing leads to a special bond with our new members — a bond they soon come to recognize as they experience union brothers and sisters helping union brothers and sisters.
Organizing is not just the process through which we mechanically recruit new members to the union, but involves mutually helping our brothers and sisters grow in their knowledge of SMART TD — our proud history, our affiliation with the AFL-CIO, our respect for and guarantee of craft autonomy, and our superior collective bargaining agreements and ability to defend them.
As furloughed employees are recalled, many of whom had little time in the job after hiring on, each of us bears a responsibility as a caring brother and sister to share our knowledge of collective bargaining, grievance handling, safety programs and legislative initiatives.
This demonstrates SMART TD’s efforts on their behalf and reveals to each new member that we personally care about each other — that by working together we can make our union family stronger as we collectively pursue greater job security, higher wages, improved benefits and better working conditions.
SMART TD President John Previsich has placed an emphasis on organizing the unorganized, and SMART TD organizers recently have brought hundreds of airline, bus and rail workers into the SMART TD.
To contact a SMART TD organizer, or learn more about SMART TD organizing, log onto the SMART TD webpage at smart-union.org/td/ and click on “TD Organizing” in the blue navigation bar near the top of the page.
This is an excellent time to educate our newer members in union democracy, the benefits and strengths of craft autonomy and the many resources SMART TD has available every day to members.
Organizing is integral to a core value of the SMART TD: “In Unity there is Strength.”
Within SMART TD, “solidarity” is more than a catch phrase. It is a way of life.

WASHINGTON – An official of the Occupational Safety and Health Administration (OSHA) this week affirmed the agency’s support for whistle-blower protection.

OSHA enforces provisions of 19 laws protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, railroad, public transportation, workplace safety and health, consumer product safety, health care reform, and financial reform laws.

“OSHA’s Whistle-blower Protection Program exists because of a decades-old belief held by Congress, stakeholders, employers and society that whistle-blowers play an essential role in protecting workers and the public, said Dr. David Michaels, OSHA’s assistant secretary of labor.

“Whistle-blowers can make the difference between lawful workplaces and places where workers fear for their livelihoods and even their lives if they raise concerns,” Michaels said.

“With our available resources,” he said, “OSHA is working hard to ensure that whistle-blowers are protected from retaliation. We are in the process of a top-to-bottom review of OSHA’s whistle-blower protection program.”

The comments came following a General Accountability Office audit of the OSHA Whistle-blower Protection Program. “OSHA has already begun taking action on items recommended in the GAO report, such as requiring all investigators and their supervisors to complete mandatory investigator training over the next 18 months, setting strategic goals and performance measures for the whistleblower program, and providing new equipment to field staff,” Michaels said.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Detailed information on employee whistle-blower rights, including fact sheets, is available at www.whistleblowers.gov

The Railroad Retirement Board’s policy is that every annuitant has the right to manage his or her own benefits. However, when physical or mental impairments make a railroad retirement annuitant incapable of properly handling benefit payments, or where the Railroad Retirement Board (RRB) determines that the interests of the annuitant so require, the RRB can appoint a representative payee to act on the annuitant’s behalf. A representative payee may be either a person or an organization selected by the RRB to receive benefits on behalf of an annuitant.

The following questions and answers provide information for family members, or others, who may have to act on behalf of an annuitant.

1. Does the RRB have legal authority to appoint a representative payee for an annuitant?

The Railroad Retirement Act gives the RRB authority to determine whether direct payment of benefits, or payment to a representative payee, will best serve an annuitant’s interest. The RRB can appoint a representative payee regardless of whether there has been a legal finding of incompetence or commitment and, depending on the circumstances in a particular case, the RRB can select someone other than the individual’s legal representative to be the representative payee.

2. What if a person has been given power of attorney by a beneficiary?

Power of attorney is a legal process where one person grants another the authority to transact certain business on his or her behalf; but the RRB, like the Social Security Administration, does not recognize power of attorney for purposes of managing benefit payments for a beneficiary. For this purpose, the RRB uses the position of representative payee.

3. Why doesn’t the RRB recognize power of attorney?

The Railroad Retirement Act protects a person’s right to receive benefits directly and to use them as he or she sees fit by prohibiting the assignment of benefits. Power of attorney creates an assignment-like situation that is contrary to the protections given by this law. The Act likewise gives the RRB exclusive jurisdiction in determining whether to appoint a representative payee for an annuitant. If the RRB recognized power of attorney, it would be deferring to a designation made by someone outside of the agency and would, in effect, be abdicating its responsibility to the annuitant.

Also, events often occur which may affect an annuitant’s eligibility for benefits. The responsibility for reporting these events to the RRB is placed, by law, directly on the annuitant or the annuitant’s representative payee. When benefits are accepted, the annuitant or his or her payee attests to a continued eligibility for such benefits. And if payments are misused, they can be recouped from the payee. This is not true with power of attorney.

4. How are these representative payees selected?

Generally, the RRB’s local field offices determine the need for a representative payee and interview potential payees. The field office also advises the payee of his or her duties, monitors the payee, investigates any allegations of misuse of funds, and changes the method of payment, or the payee, when appropriate.

The RRB provides 15 days’ advance notice to an annuitant of its intent to appoint a representative payee, and the name of the payee, in order to allow the annuitant a period of time in which to contest the appointment.

5. What are the primary duties and responsibilities of a representative payee?

The payee must give first consideration to the annuitant’s day-to-day needs. This includes paying for food, shelter, clothing, medical care and miscellaneous personal needs. Beyond day-to-day needs, railroad retirement benefits may be used for other expenses.

The payee is also responsible for reporting events to the RRB that affect the individual’s annuity, and is required to account for the funds received on behalf of the annuitant.

In addition, since railroad retirement benefits are subject to Federal income tax, a representative payee is responsible for delivering the benefit information statements issued each year by the RRB to the person handling the annuitant’s tax matters.

Periodically, the payee will be asked to complete a report which includes questions regarding how much of the railroad retirement benefits available during the year were used for the support of the beneficiary, how much of the benefits were saved, and how the savings were invested. In order to complete the questionnaire correctly, a payee must keep current records of the railroad retirement benefits received and how the benefits were used. The records should be retained for four years.

6. What are a representative payee’s primary responsibilities for an annuitant’s Medicare coverage?

When an annuitant requires covered medical services, the payee must have the annuitant’s Medicare card available. The payee must also keep records of the services received and the expenses incurred or paid, just as for any other usage of railroad retirement benefits.

7. What if an annuitant is confined to an institution?

When annuitants are in a nursing home, hospital or other institution, their railroad retirement benefit payments should be used to meet the charges for their current maintenance. Current maintenance includes the usual charges the institution makes for providing care and services.

The payee should use the benefit payments to aid in the annuitant’s possible recovery or release from the institution, or to improve his or her living conditions while confined. Payments may be used to provide such items as clothing, personal grooming supplies, transportation of relatives to visit the patient, trial visits to relatives, medical and dental care, and reading materials and hobby supplies.

8. How should railroad retirement benefits not immediately required to meet an annuitant’s needs be handled?

Benefit payments which will not be needed in the near future must be saved or invested unless they are needed for the support of the annuitant’s legally dependent spouse or child, or to pay creditors under certain circumstances. It is recommended that conserved funds be held in interest-bearing accounts. Preferred investments are Federally-insured or state-insured accounts at financial institutions and obligations of, or those backed by, the Federal Government, such as U.S. Savings Bonds.

Funds should not be kept in the home, where they may be lost or stolen, nor can they be mingled with the payee’s own funds or other funds.

9. How can a person get more information about being appointed as a representative payee, or whether the use of railroad retirement benefits for a particular purpose would be proper?

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

(The preceding release was issued by the Railroad Retirement Board on September 8, 2010.)

We are about to begin the flu season and a flu vaccine is the best way to prevent infection and the complications associated with the flu.

Vaccination is necessary each year because flu viruses change each year. The flu shot can be received once a year in either the fall or winter.

You may need only one pneumonia shot in your lifetime. You might be at risk for pneumonia if you:

  • Are age 65 or older
  • Have a chronic illness, such as heart or lung disease or diabetes
  • Have a weak immune system

Flu and pneumonia shots are a covered benefit for Medicare beneficiaries, and are exempt from deductible or coinsurance liability. You do not need a doctor’s referral to receive these vaccines.

Don’t just watch hunting or fishing shows from your couch. Be a guest star on “Brotherhood Outdoors,” a new cable television series of the Union Sportsmen’s Alliance that will feature hardworking and hard playing union members.

UTU and other union members passionate about the outdoors and who wish to pass on their hunting and fishing heritage to the next generation, have potential to star in this TV series.

“Brotherhood Outdoors,” which will begin airing on the cable Sportsman Channel in July 2011, will portray two kinds of adventure. In some episodes, host Tom Ackerman will take guests on an outfitted hunting or fishing trip in North America, often with a union member-owned outfitting operation. In others, the tables will be turned as union guests play the guide, taking Tom to their secret hunting or fishing spot.

Whether you want to take a break from the do-it-yourself routine and join Tom for a guided hunting or fishing adventure, or show your union brothers and sisters and the rest of America that you’ve got the skill and experience to be the guide, send your application in and maybe you will be a star on “Brotherhood Outdoors.”

Click here to download an application.

The UTU’s fourth Federal Railroad Administration sponsored risk-reduction pilot project, known as “Confidential Close Call Reporting System” (C3RS), has been formalized in a memorandum of understanding among the UTU, Amtrak and the Brotherhood of Locomotive Engineers and Trainmen.

 As its name implies, the pilot project permits conductors, engineers, trainmen and yardmasters to report — voluntarily, confidentially and without fear of carrier discipline or FRA enforcement action — close call events that might have resulted in an accident or injury.
 
Examples of close calls include varying levels of risk, such as leaving pieces of equipment unsecured, improper blocking, operating trains beyond track authority, or violating operating rules.

The close call events will be reported confidentially to the National Aeronautics and Space Administration (NASA), which has years of experience with similar risk-reduction projects. NASA will mask the identity of those involved before passing on the information for collaborative study among regional peer review teams selected from carrier management, the FRA, the UTU and the BLET.

The regional peer review teams will strive to identify risks that might be reduced or eliminated through corrective action, such as improved training, changes in physical plant, changes in existing federal safety laws or regulations, or changes in carrier operating rules.

The Amtrak Confidential Close Call Reporting System will be implemented nationwide at most Amtrak yard operations.

The UTU already is engaged in pilot confidential close call reporting projects with New Jersey Transit, systemwide; Union Pacific at North Platte, Neb.; and Canadian Pacific at Portage, Wis.

“Non-punitive reporting produces safety data that could not otherwise be obtained while helping to identify and mitigate risks before another serious incident occurs,” said UTU International Vice President John Previsich, who helped negotiate the Amtrak Confidential Close Call Reporting System memorandum of understanding on behalf of the UTU.

Previsich recognized the support and leadership, in their territories, of UTU General Chairpersons Roger Lenfest (GO 769) and Robert Keeley (GO 342).

UTU International President Mike Futhey praised Amtrak President Joseph Boardman for “his hands-on involvement and commitment in expanding this project nationwide on Amtrak.”

Separately, Amtrak has initiated another safety project — the Safe-2-Safer program — which examines Amtrak’s operating culture to identify improved leadership practices and workplace behavior that can improve workplace safety.

This is a final effort to collect dependent Social Security numbers to comply with new federal law for all medical plans including:

  • The Railroad Employees National Health and Welfare Plan; and
  • The National Railway Carriers and United Transportation Health and Welfare Plan

Federal Law now requires the reporting of Social Security numbers (SSNs) for covered dependents to the Centers for Medicare & Medicaid Services (CMS).

This includes participants of all medical plans, including the railroad plans listed above.

In addition, if a covered dependent is eligible for Medicare, then the Medicare Health Insurance Claim Number (HICN) is also required.

To comply with these reporting requirements, Railroad Enrollment Services has mailed a final notice to those members identified with missing dependent SSNs and/or HICNs.

If you have received a notice from Railroad Enrollment Services, please provide the SSN and/or HICN for any dependent who is listed as missing this information.

Be sure to sign, date and return the Social Security Number Reporting Form by the requested return date to the address provided.

If you do not receive a notice requesting missing dependent SSNs and/or HICNs, then you do not need to take any action at this time.

The following will occur if the requested SSNs are not provided for any dependent added to the plan before Jan. 1, 2009:

If Railroad Enrollment Services does not receive the Social Security number for any dependent whose SSN is missing by Jan. 31, 2011, the dependent(s) will be DISENROLLED from the plan effective Jan. 31, 2011.

Be assured that when Railroad Enrollment Services transmits the SSNs and/or HICNs to CMS, they will maintain all physical, electronic and procedural safeguards that comply with federal standards to guard your personal information.

For additional information regarding the new CMS federal law pertaining to this requirement, visit www.cms.hhs.gov/MandatoryInsRep/.

If you have questions, or need another copy of the notification sent to you, call Railroad Enrollment Services at 800-753-2692.

Additionally, there will be an opportunity to provide missing dependent SSNs and/or HICNs during the 2011 Annual Open Enrollment process in the month of October.