Year: 2014

Home>News>2014

FRA_logo_wordsThe Federal Railroad Administration is proposing to improve the integrity of passenger train exterior side door safety systems and promote passenger train safety overall through new safety standards relating to the safe operation and use of passenger train exterior side doors.

This proposed rule is based on recommended language developed by the Railroad Safety Advisory Committee’s (RSAC) General Passenger Safety Task Force and includes new requirements for both powered and manual exterior side doors and door safety systems on passenger trains.

Proposed operating rules for train crews relating to exterior side doors and their safety systems on passenger trains as well as new definitions are also included in this NPRM. In addition, the rule proposes to incorporate American Public Transportation Association’s (APTA) “Standard for Powered Exterior Side Door System Design for New Passenger Cars,” which contains a set of minimum standards for powered exterior side door systems and door system functioning on new rail passenger cars and locomotives used in passenger service.

Other proposed requirements include, but are not limited to: Equipping new passenger cars with powered side doors with an obstruction detection system and a door by-pass feature; connecting new passenger cars with either manual or powered exterior side doors to a door summary circuit to prohibit the train from developing tractive power if any of the exterior side doors are open; safety briefing for train crews to identify crewmember responsibilities as they relate to the safe operation of the exterior side doors; operating passenger trains with their exterior side doors trap doors closed when in motion between stations, except in limited circumstances or if prior approval has been received from FRA; and railroads developing operating rules on how to safely override a door summary circuit or a no-motion system, or both, as well as how to safely operate the exterior side doors of a passenger train with incompatible exterior side door safety systems.

Through this rulemaking, FRA intends to limit the number and severity of injuries associated with the use and operation of passenger train exterior side doors and increase the overall level of safety for passengers and train crewmembers.

FRA analyzed the economic impacts of this proposed rule against a “no action” baseline that reflects what would happen in the absence of this proposed rule. The proposed operating rules and adopted APTA standard for new equipment are expected to prevent about 19 injuries and 0.20 fatalities per year in the future on average, based on similar incidents in the past. The estimated benefits from these prevented casualties over a 20-year period total $81.9 million undiscounted; these estimated benefits have a present value calculated using a 7 percent discount rate of $42.4 million, and a present value calculated using a 3 percent discount rate of $60.3 million.

Given that some procedural and equipment errors may still occur in the future, the analysis assumes a 50 percent effectiveness rate in preventing these types of injuries and fatalities. In addition, there may be other benefits from the proposed rule, such as fewer passenger claims for personal property damage, maintaining passenger goodwill and trust (by reducing these low-frequency but typically highly-publicized incidents), and by lowering future maintenance costs (through encouraging the replacement of older equipment with new passenger cars equipped with more reliable door safety systems).

FRA also quantified the incremental burden of the proposed rule upon commuter and intercity passenger railroads. The primary contributor to the estimated costs is the train crew’s task of verifying that the door by-pass devices on the train are sealed in the normal non-by-pass mode, a requirement in the proposed operating rules. The door by-pass devices are used to override door safety systems in certain circumstances, for example, allowing a train to develop tractive power and complete its route.

The second greatest cost factor is the estimated cost to implement some of the proposed door safety features on new passenger cars and locomotives used in passenger service with either powered or manual doors. The estimated costs over the 20-year period of analysis total $15 million undiscounted, with a present value calculated using a seven percent discount rate of about $8 million, and a present value calculated using a three percent discount rate of about $11.2 million. The proposed rule incurs relatively small costs because most of the initial burdens are expected from changes to railroad operating rules.

The design standards for door safety systems apply to new passenger cars and locomotives used in passenger service where they can be installed cost-effectively.

These costs and benefits result in net positive benefits over 20 years of about $67 million.

To read the complete rule proposal, click here.

Rapid business growth may be the key to finally unionizing shipbuilding workers in Mobile, Ala., where an Australia-based defense contractor has successfully fought union organizing for more than a decade.
That’s the estimation of Ron Ault, President of the AFL-CIO’S Metal Trades Department (MTD), an umbrella group for unions representing boilermakers, machinists, pipefitters, and other skilled shipbuilding workers from around the country. “There is a boom in Gulf Coast shipyards now,” Ault says, and high demand for skilled workers may give unions a foothold. Gulf shipyards are recruiting workers from all parts of the country, including heavily unionized areas, and the presence of this whole new generation of workers is a real opportunity for labor organizing, according to Ault.  Click here for more of the story from In These Times reporter Bruce Vail.

CHICAGO – An emergency track-side braking system activated but failed to stop a Chicago commuter train from jumping the tracks and barreling to the top of an escalator at O’Hare International Airport, a federal investigator said Tuesday.

The events that led to Monday’s accident, which occurred around 3 a.m. and injured more than 30 passengers, might have begun with the train operator dozing off toward the end of her shift, according the union representing transit workers. But Tuesday’s announcement that a piece of emergency safety equipment might have failed was the first indication the accident could have been caused by human error and mechanical failure.

Read the complete story at the Associated Press.

whitehouselogoWASHINGTON – President Barack Obama, March 20, signed an executive order creating a second Presidential Emergency Board to help resolve an ongoing dispute between the Long Island Rail Road and some of its unionized employees.
The appointment of a second PEB means that a strike by members of the International Association of Sheet Metal, Air, Rail and Transportation Workers and other union employees that could have come as early as March 21 will now be put off until July at the earliest.
PEB 245 will provide a structure that allows the two sides to attempt to resolve their disagreements. In the 60 days following its establishment, the PEB will obtain final offers for settlement of the dispute from each side, and then produce a report to the president that selects the offer that the board finds to be the most reasonable.
The board’s report is not binding, but the party whose offer is not selected would be prohibited by law from receiving certain benefits if a work stoppage subsequently occurs. If the two sides fail to reach a compromise based on the recommendations of the second PEB, LIRR workers can legally strike as early as July 19.
“I am obviously disappointed that New York’s Metropolitan Transportation Authority rejected the findings of PEB 244,” said SMART Transportation Division President John Previsich. “While the board’s recommendations did not include everything our members on the LIRR were seeking, I do think they provided an equitable framework for resolving this matter without a work stoppage.”
The first PEB recommended that the LIRR pay wage increases totaling 18.4 percent over six years (2.9 percent per year) and that employees begin contributing to health insurance premium costs. After factoring in the recommended employee health insurance contributions, the board’s recommendations will produce net wage increases of 2.5 percent per year.
The recommendations were retroactive to June 2010.
“The recommendations of the first Presidential Emergency Board ignored the enormous burden that a 17 percent wage increase over six years without a single change in work rules or other cost offset would place on the MTA’s budget,” said MTA spokesman Aaron Donovan.
The members of PEB 245 are: Joshua M. Javits, appointee for chairman; Elizabeth C. Wesman, appointee for member; and M. David Vaughn, appointee for member.
“I appreciate that these dedicated individuals have agreed to devote their talent and years of experience working on labor-management disputes to help reach a swift and smooth resolution of this issue,” Obama said.
Javits is a self-employed mediator and arbitrator for labor-management, pension, commercial, contract and a variety of other disputes. He served on PEBs in 2007 and in 2009. From 1993 to 2001, Javits was a Partner at Ford & Harrison L.L.P., where he also served as Executive Director of the Labor Relations Association of Passenger Railroads. He was appointed as chairman and member of the National Mediation Board (NMB) from 1988 to 1993, where he was responsible for administering the Railway Labor Act governing labor relations in the airline and railroad industries. He was a labor-management arbitrator of record in more than 100 cases between 1985 and 1988, serving on numerous arbitration panels, including the AAA, the Federal Mediation and Conciliation Service and the NMB.
Wesman has been a full-time labor and employment arbitrator since 2000 and has practiced arbitration/mediation since 1981. She has arbitrated disputes in a wide array of industries, including railroads, aerospace, police and fire departments and public and private universities. She was previously associate professor of Strategy and Human Resources/Industrial Relations at Syracuse University from 1981 to 2000. She was also an adjunct professor at the Rochester, New York, Extension Division of Cornell University from 1990 to 2000.
Vaughn has been a full-time neutral arbitrator and mediator specializing in labor and employment disputes since 1984. He has served on three previous railroad industry PEBs. He has been handling railroad cases since 1984 and has issued hundreds of awards. His current public law board appointments include Burlington Northern Santa Fe Railway (BNSF) and United Transportation Union (UTU), CSX and the Brotherhood of Locomotive Engineers and Trainmen – Teamsters (BLET), and BNSF and Brotherhood of Maintenance of Way Employes – Teamsters (BMWET). He holds numerous umpireships and panel appointments, including Railway Labor Act panels withUnited Continental and Air Line Pilots Association, USAir and Association of Flight Attendants, and UPSA and Teamsters.

railyard, train yard; trainsWASHINGTON – The nation’s freight rail industry this week will outline for the Surface Transportation Board (STB) the various negative impacts of a proposal to force non-market based requirements on railroads at the request of the National Industrial Transportation League (NITL). The proposal calls for the STB to override market forces by forcing Class I railroads to turn over to their competitors substantial portions of rail traffic which moves across tracks they own and have spent billions to build, maintain, and upgrade so taxpayer’s don’t have to.

Specifically, the NITL proposal would give a small group of shippers the right to demand that in some cases where one railroad serves their facility, the serving railroad must transfer or “switch” loaded rail cars to competitors. In addition to increased operating and infrastructure costs, other impacts of the proposal would include things such as: an increase in the number of locomotives and rail cars needed; increased dwell and delay time; increased fuel use; reduced network efficiency; and increased risk for employee injury due to additional handling and switching requirements.

“This proposal is a solution looking for a problem,” Association of American Railroads (AAR) President and CEO Edward R. Hamberger stated. “Railroads already voluntarily switch traffic when it makes economic sense for all parties.”

Hamberger also noted that other existing STB regulations provide various options if a shipper believes its rates are unreasonable. In fact, of the 46 shipper complaints filed with the STB since 1996, 37 of the complaints were decided in favor of shippers or settled through commercial negotiations.

“Freight railroads are among those American industries with very high fixed costs, as they operate on infrastructure they own, maintain and continuously upgrade,” Hamberger said. “Since 1980 alone, average inflation adjusted rail rates are down 42 percent, while railroads have spent more than $550 billion to build, maintain and upgrade track, signals, bridges, tunnels, and equipment. But this proposal would undermine the benefits all rail customers have seen thanks to these investments, and would all but ensure a return to the days when most rail customers were unhappy.”

Under the NITL proposal, the freight rail industry could lose about 13 percent of its annual net income – roughly equivalent to what the industry spent in 2010 on capacity expansion projects designed to benefit all shippers. If the proposal were adopted, it would ensure that railroads could not recover all of their fixed costs, which would lead to postponed maintenance, deferred capital upgrades and expansion programs, service quality declines, and negative impacts to all shippers.

“Railroads work with their customers and find market-based solutions that serve American businesses all across the country, and help ensure freight rail lives up to its mission to power our economy,” Hamberger said. “This proposal ultimately would serve the interest of a small group of shippers, but have far-reaching and long-term negative impacts on all rail customers. As American businesses and our economy are coming back from the recession, we just can’t afford to get this wrong.”

whitehouselogoWASHINGTON – President Barack Obama, March 20, signed an executive order creating a second Presidential Emergency Board to help resolve an ongoing dispute between the Long Island Rail Road and some of its unionized employees.

The appointment of a second PEB means that a strike by members of the International Association of Sheet Metal, Air, Rail and Transportation Workers and other union employees that could have come as early as March 21 will now be put off until July at the earliest.

PEB 245 will provide a structure that allows the two sides to attempt to resolve their disagreements. In the 60 days following its establishment, the PEB will obtain final offers for settlement of the dispute from each side, and then produce a report to the president that selects the offer that the board finds to be the most reasonable.

The board’s report is not binding, but the party whose offer is not selected would be prohibited by law from receiving certain benefits if a work stoppage subsequently occurs. If the two sides fail to reach a compromise based on the recommendations of the second PEB, LIRR workers can legally strike as early as July 19.

“I am obviously disappointed that New York’s Metropolitan Transportation Authority rejected the findings of PEB 244,” said SMART Transportation Division President John Previsich. “While the board’s recommendations did not include everything our members on the LIRR were seeking, I do think they provided an equitable framework for resolving this matter without a work stoppage.”

The first PEB recommended that the LIRR pay wage increases totaling 18.4 percent over six years (2.9 percent per year) and that employees begin contributing to health insurance premium costs. After factoring in the recommended employee health insurance contributions, the board’s recommendations will produce net wage increases of 2.5 percent per year.

The recommendations were retroactive to June 2010.

“The recommendations of the first Presidential Emergency Board ignored the enormous burden that a 17 percent wage increase over six years without a single change in work rules or other cost offset would place on the MTA’s budget,” said MTA spokesman Aaron Donovan.

The members of PEB 245 are: Joshua M. Javits, appointee for chairman; Elizabeth C. Wesman, appointee for member; and M. David Vaughn, appointee for member.

“I appreciate that these dedicated individuals have agreed to devote their talent and years of experience working on labor-management disputes to help reach a swift and smooth resolution of this issue,” Obama said.

Javits is a self-employed mediator and arbitrator for labor-management, pension, commercial, contract and a variety of other disputes. He served on PEBs in 2007 and in 2009. From 1993 to 2001, Javits was a Partner at Ford & Harrison L.L.P., where he also served as Executive Director of the Labor Relations Association of Passenger Railroads. He was appointed as chairman and member of the National Mediation Board (NMB) from 1988 to 1993, where he was responsible for administering the Railway Labor Act governing labor relations in the airline and railroad industries. He was a labor-management arbitrator of record in more than 100 cases between 1985 and 1988, serving on numerous arbitration panels, including the AAA, the Federal Mediation and Conciliation Service and the NMB.

Wesman has been a full-time labor and employment arbitrator since 2000 and has practiced arbitration/mediation since 1981. She has arbitrated disputes in a wide array of industries, including railroads, aerospace, police and fire departments and public and private universities. She was previously associate professor of Strategy and Human Resources/Industrial Relations at Syracuse University from 1981 to 2000. She was also an adjunct professor at the Rochester, New York, Extension Division of Cornell University from 1990 to 2000.

Vaughn has been a full-time neutral arbitrator and mediator specializing in labor and employment disputes since 1984. He has served on three previous railroad industry PEBs. He has been handling railroad cases since 1984 and has issued hundreds of awards. His current public law board appointments include Burlington Northern Santa Fe Railway (BNSF) and United Transportation Union (UTU), CSX and the Brotherhood of Locomotive Engineers and Trainmen – Teamsters (BLET), and BNSF and Brotherhood of Maintenance of Way Employes – Teamsters (BMWET). He holds numerous umpireships and panel appointments, including Railway Labor Act panels withUnited Continental and Air Line Pilots Association, USAir and Association of Flight Attendants, and UPSA and Teamsters.

CHICAGO – A Chicago train driven by an apparently sleepy operator, which jumped its tracks and screeched up an escalator at one of the world’s busiest airports, could have caused untold death and destruction had the crash occurred during the day when the station is usually packed with travelers, a transportation expert said.

More than 30 people were hurt when the Chicago Transit Authority train mounted a platform and crashed at O’Hare International Airport around 3 a.m. Monday. Federal investigators, who have released little information on what may have caused the accident, were expected back on the scene Tuesday.

Read the complete story at the Associated Press.

North Dakota locals will hold their annual Spring Swing meetings April 23-25, State Legislative Director James M. Chase reports. These meetings provide an excellent opportunity to learn about your benefits as a member and to visit with SMART Transportation Division officers, general chairpersons and representatives from UTUIA, the Railroad Retirement Board, designated legal counsel and health-and-welfare benefit providers.
All members and their spouses are welcome to attend any of the three meetings and lunch will be served at the conclusion of each meeting. For further information, call (701) 223-0061 or send email to utu4nd@gmail.com. The schedule is as follows:
•Wednesday, April 23, Locals 887, 980, 1137 and 1137-RRVW; 1 p.m. meeting at the Fargo Howard Johnson Inn at 301 3rd Ave. N., in Fargo; (701) 232-8850.
•Thursday, April 24, Local 525; 2 p.m. meeting at the Hilton Garden Inn, 4301 James Ray Dr., in Grand Forks; (701) 775-6000.
•Friday, April 25, Local 1059; 1 p.m. at the Vegas Motel, 2315 N. Broadway Ave. in Minot; (701) 839-3000.

The Oakland Old Rails Club is planning its annual Old Rails Dinner and Get Together Sunday, April 27, at Dino’s Restaurant in Castro Valley, Calif. There will be a “no host” happy hour at noon, with dinner to follow at 1 p.m., Oakland Old Rails News Editor Richard Scholl reports.
The cost for dinner is $25 with a choice of steak with mashed potatoes or spaghetti, salmon alla bella with lemon butter sauce and rice, or broiled half spring chicken with mashed potatoes or spaghetti. Salad, vegetables, bread and butter, dessert and coffee are included, as well as tax and gratuity.
Tickets to the event will be on sale at the March and April meetings, by calling Secretary Gilbert Sanchez at (510) 533-4338, or by mailing your check to Sanchez at 5030 Trask St., Oakland, CA 94601.
Dino’s Restaurant is located at 3600 Castro Valley Blvd., Castro Valley, Calif.
OR3.14.indd

union_pacific_logoSAUGET, Ill. – Train conductor Barry Norman, a fifth-generation railway worker, climbed aboard the cab of a yellow and black locomotive with Union Pacific in bold red lettering. He along with Engineer Steve Burrow and Alton & Southern Railway Co. Police Chief Lindell Barton offered special rides Monday (March 24). Their goal – and those of others involved – was to save lives.
(Norman and Burrow are members of SMART Transportation Division Local 1929 at East St. Louis, Ill.)
The rides were part of UP CARES, Union Pacific’s Crossing Accident Reduction Education and Safety program. “Our goal is education and enforcement,” said Matt Backer, a patrolman for the Alton & Southern Railway police.
Read the complete story at the St. Louis Post-Dispatch.