SMART UnionA bipartisan pair of senators is planning to introduce legislation to beef up the panel of federal regulators that is supposed to oversee operations on the nation’s freight and passenger railways.
The panel, the Department of Transportation’s Surface Transportation Board (STB), has been at the center of a recent dispute between Amtrak and a Canadian freight rail operator over delays on tracks that are shared between the two companies in Illinois.
Read the complete story a The Hill.
Pat Corp, Virginia State Legislative Director of the SMART Transportation Division, submitted the following letter to the editor of The Roanoke Times. It was published Aug. 22, 2014.
Re: the July 28 article “Coal exports bypass emission rules” from the Associated Press. The article’s leanings struck me as somewhat less than pure investigative reporting.
U.S. exports are actually down and projected to decrease through 2015 for a reduction of almost 25 percent from 2012, due in most part to other countries upping their production levels (source Energy Information Adminstration).
Since world demand for coal is expected to grow and demand for our coal to almost double, building export terminals in the U.S. for Powder River Basin coal is being worked out now and argued over, yet the author fails to note Canada has the ability to export as well, and this is outside of the administration’s authority. British Columbia is planning expansion of the coal terminal at New Westminster and a large new facility at Prince Rupert.
History is replete with examples of failed attempts to stop the supply of commodities in the face of demand (marijuana being a prime example). Perpetuating the misperception that restricting U.S. coal exports will result in the world’s reduction in the use of coal is promoting an agenda of certain groups whose ultimate goal, though arguably utopian, is the unrealistic near-term elimination of fossil fuel use.
Any coal export or mining of coal that is for the purpose of burning for thermal (power plant) or metallurgical (steel production) will add to global emissions, versus where it not mined at all. The real question is in what amounts. The article could have argued the emissions from production and transportation of U.S.-mined coal exceed that of Australia or Columbia, if it does.
Perhaps the large supply of U.S. reserves keeps the costs of coal lower on the open markets than if that supply were not accessible, and therefore more economically feasible to use as opposed to less carbon producing alternatives, but it is a leap to say it is “fueling demand.” Though this country holds 28 percent of recoverable coal reserves, this leaves 72 percent on the world market, hardly a monopoly.
The author, after exploring the administration’s reasoning for not interfering in the domestic coal export markets as an avenue for lessening worldwide carbon emissions, leaves us with the thought that U.S. coal exports have a direct effect on rising sea levels in the Norfolk area, and therefore the false suggestion that the reduction of such would have the reverse effect, and further implies the ship sailing away from U.S. shores to other countries is the cause of global warming.
Continuing and accelerating the research and application of technologies that will allow for the use of all fossil fuels, with the goal being to minimize any environmental impact, and at the same time lessening demand in developed and developing countries through technology is a realistic approach to solving the carbon emissions quandary worldwide.
Examples of each are carbon sequestration, which The Roanoke Times covered well not so long ago, and wraparound solar panels, which can envelope an entire multistory building. China is still building coal-fired power plants at a substantial rate, along with India, and even Germany is increasing its electricity capacity from coal generation.
The U.S. needs to keep trade open to these countries and maintain relationships in the coal markets so we can influence the expansion of pollution and carbon mitigation technologies worldwide.
Printing articles that accurately explore carbon emission/pollution reduction possibilities (which the author failed to do) would certainly be of greater service in informing readers to the challenges of providing the world with affordable electricity, and at the same time maintaining a healthy planet for all to be able to enjoy the benefits of that electricity.
Newspapers still play a significant role in keeping the public informed as to the workings of the world. Unfortunately, articles such as the referenced one here do all a disservice, certainly those in our domestic coal industry, by building upon the myth that limiting U.S. coal exports is a realistic answer to global warming.
WASHINGTON – U.S. workers face a dim future, with stagnant or falling pay and fewer openings for full-time jobs.
That’s the picture that emerges from a survey of Harvard Business School alumni.
More than 40 percent of the respondents foresee lower pay and benefits for workers. Roughly half favor outsourcing work over hiring staffers. A growing share prefer part-time employees. Nearly half would rather invest in new technology than hire or retain workers.
Read the complete story at the Associated Press.
For some workers, having to sit through captive audience meetings where employer representatives tell you that, “you have the right to organize, but it would be a very bad idea” has become mandatory while on the way to organizing for a voice at work.
A new trend has emerged, however, where some workers have been able to secretly record these meetings. These recordings offer a sneak peek at what some companies have been doing to keep workers from forming a Union.
Dave Jamieson, a Labor reporter at the Huffington Post, released an article this week covering three companies — Coca-Cola, FedEx, and Staples — which have had their captive audience meetings recorded by attendees. The similarities when it comes to the messaging from the union busters employed by these companies is uncanny.
The audio of all three of these meetings can be found on HuffingtonPost.
In the case of Coca-Cola, workers were quick to realize they were not, “just being informed of their options.” The tone of the meeting is always anti-union, with suggestions such as: “When a union comes in […] they’re seeking money from employees.”
In rare cases, these meetings give workers the opportunity to confront the lies they are being told by management. Here’s another excerpt from the Coca-Cola meeting:
When the man says that all unions want is money, one worker asks him how much he is being paid to hold the information session.
“How much is your salary for this meeting, as far as you talking about unions and stuff like that?”
“My salary doesn’t matter,” the man replies. “This is my job. I work for Coke just like you do.”
After being warned about the costs of union representation, the worker responds, “I wouldn’t mind paying for representation, because I don’t feel like anyone is representing me [now].”
“Why would people go seek a third party?” one worker asks. “You get what I’m saying? There has to be a problem.”
“You put so much emphasis on discouraging people about the union,” another worker says. “Why wouldn’t you put the same emphasis on finding out what problems the employees have and try to make them better?”
The worker who recorded the meeting told Jamieson that the thought of unionizing is necessary because “pay is not matching the labor.”
“Most guys believe that if I give a fair day’s work I should get a fair day’s pay,” he added.
These brief moments of truth, are not exclusive to Coca-Cola. Accidental confessions, when tempers flare and the meeting host breaks down and tells the workers what the company truly feels about them.
That’s what happened in the recorded FedEx Freight meeting:
“We do not want a union at FedEx Freight, not under any circumstances. Okay?” he (the union buster) says. “This company by any legal means necessary will fight that. And everybody in this room and everybody who works for this organization needs to understand that. We don’t support it. We don’t think it fits with our business model. We don’t think it’s good for you or your families.”
None of these meetings’ legal protection can complicate the simple concept of worker protection. As one Teamsters supporter working at FedEx told Jamieson, “I think it’s about time we had a voice.”
The much needed “Fair Play and Safe Workplace Executive Order,” signed by President Obama, provides new reporting requirements on federal contractors and limits contractors’ ability to impose arbitration clauses for certain types of workplace lawsuits.
According to a White House fact sheet, the order’s key provisions:
Hold corporations accountable for labor law violations
Crack down on repeat violators
Promote efficient federal contracting
Protect responsible contractors
Give employees a day in court
Give employees information about their paycheck
Streamline implementation and overall contractor reporting
For contracts valued at more than $500,000, the executive order requires contractors to disclose violations of more than 14 federal statutes, and their state law counterparts, which include, but are not limited to: OSHA, LMRA, ADA, FMLA, and civil rights laws. It also provides for “paycheck transparency,” requiring employees’ paychecks to include information on hours worked, rate of pay, overtime, additions, and deductions.
Another major component of the order prevents contractors with contracts of more than $1 million from requiring employees to consent to mandatory arbitration for certain types of legal disputes involving civil rights, sexual assaults, or harassment. The executive order not only requires contractors to disclose certain violations at the time of bidding, but it contains ongoing obligations to disclose new violations during the life of the contract. The Federal Acquisition Regulatory (FAR) Council will be responsible for implementing specific regulations necessary to carry out the executive order. Click here to view a White House notice about the Executive Order.
The SMART?Transportation Division is seeking quality railroad, bus and airline photos, taken by its members, for placement in its annual calendar and other uses.
The calendar is mailed annually to members of the UTU?Alumni Association as one of the benefits of Alumni Association membership.
High-resolution digital photographs should be emailed to news_TD@smart-union.org.
Printed photographs should be mailed to SMART?TD?News, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333. To be included in the 2014 calendar, photos must be received by Oct. 1.
Be sure to include the photographer’s name and local number, the name(s) of the person(s) in the photograph (left to right) and any other pertinent information, such as the date and location where the photograph was taken.
Due to federal or state regulations or company restrictions on employees’ use of personal electronic devices, including cameras, on company property or while on duty, all members are advised to always follow their employers’ guidelines on the use of such devices.
All members whose photographs are selected for use in the calendar will be named underneath the picture and will also receive copies of the calendar.
For more information about the UTU?Alumni Association, visit the SMART?TD homepage at www.utu.org. From the pulldown menu under “About UTU” at the top center of the homepage, select “UTU?Alumni Association.”
Retired UTU members, as well as those individuals nearing retirement or interested in pension and other issues affecting transportation-labor families, are invited to participate in this voluntary program.
All photographs submitted become property of SMART.
Local 240 Chairperson Harry Garvin Jr. reports that the 12th annual rail reunion and retirement dinner for employees of UP, SP, Pacific Electric, Metrolink, Amtrak and AT&SF (Locals 32, 240, 1422, 1770, 1813 and 1846) will be held Nov. 7, from 3-9 p.m., at Sierra Lakes Golf Course, 16600 Club House Dr., in Fontana.
The cost is $40 per person or $75 per couple, with a reservation deadline of Nov. 3. The cost will be $45 per person at the door.
For more information, call Garvin at (909) 261-8878 or (909) 481-7261.
Send checks or money orders to Garvin at P.O. Box 8396, Alta Loma, CA 91701-0395, and include names, address, telephone number, railroad and years of service.
More trained eyes should be on the tracks in Minnesota in coming months, state and federal authorities say.
The Minnesota Department of Transportation is hiring more rail inspectors as required by a new state law. Federal authorities also have bolstered the ranks of their rail inspectors in Minnesota.
Read the complete story at the St. Cloud Times.
KANSAS CITY, Mo. – BNSF Railway Co. has been found in violation of the Federal Railroad Safety Act by the U.S. Department of Labor’s Occupational Safety and Health Administration for disciplining an employee at its Murray Yard complex for following a physician’s treatment plan. The company has been ordered to pay the conductor $12,000 in damages, remove disciplinary information from the employee’s personnel record and provide whistleblower rights information to its employees.
“It is illegal to discipline an employee for following doctor’s orders,” said Marcia P. Drumm, OSHA’s acting regional administrator in Kansas City. “Workers should never be forced to choose between their health and facing disciplinary action. Whistleblower protections play an important role in keeping workplaces safe.”
OSHA’s investigation upheld the allegation that the railroad company disciplined the conductor, who has been employed there since 2004, in retaliation for taking leave in line with a doctor’s treatment plan. The employee was ill and notified a supervisor that he was seeing a doctor the afternoon of Nov. 18, 2013. Following his doctor’s appointment, the conductor immediately notified a supervisor that the doctor had ordered him to stay out of work for the remainder of the day, due to a personal illness. The company then accused the employee of violating its attendance policy and subsequently disciplined the employee.
BNSF Railway has been ordered to pay $2,000 in compensatory and $10,000 in punitive damages, as well as reasonable attorney’s fees. Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
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 ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
The Surface Transportation Board announced Tuesday, Sept. 2, 2014, that it has found five U.S. Class I railroad properties to be “revenue adequate for the year 2013, meaning that five of the Class I railroads achieved a rate of return equal to or greater than the Board’s calculation of the average cost of capital to the freight rail industry.”
The railroads STB cited are: BNSF Railway Co., Grand Trunk Corp. (U.S. affiliates of of Canadian National), Norfolk Southern Combined Railroad Subsidiaries, Soo Line Corp. (U.S. affiliates of Canadian Pacific), and Union Pacific Railroad Co.
Read the complete story at Railway Age.