Year: 2014

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railyardA short quiz for you. If you had anything to do with the safe movement of a 10,000 ton freight train, does it make sense for you to routinely show up to work tired? Hint: NO.

That’s the problem we have today in the freight rail industry. Too many tired employees are involved in operating trains and maintaining electric signal systems. But there are solutions: curb the unpredictable work schedules and hours worked and end the practice of gaming the rules on how railroads “count” the hours worked by their signal employees.

So here’s a quick glimpse into the tired lives of members of the two TTD affiliates that are leading the charge for common sense reforms – the SMART Transportation Division and the Brotherhood of Railroad Signalmen.

Although current rules limit a work shift to 12 hours and mandate 10 hours of undisturbed rest after a shift, the boss can call an employee to work at any time after that 10-hour period of rest with two hours’ or less notice. Here’s a real world example. You are a rail worker, and you have just spent the day on yard work. You finally get cleaned up, sit down to eat a hot meal, start thinking about a nap when the phone rings and you find you have less than two hours to prepare yourself for a full shift. Sound fair?

Congress and the Obama Administration need to change what are referred to as “hours-of-service” laws by moving the required 10 hours of undisturbed rest from immediately after service to immediately before service. Effectively, these workers should be given 10 hours’ notice before being expected to report for work. This gives them the predictability they need to get the appropriate amount of rest before their shift starts rather than after they leave work. Or, as an alternative, they should be assigned predictable work schedules. Neither happens today.

Signal employees face a different problem with the same outcome. At issue are definitions of “covered work.” For example, when a signalman on duty is digging a ditch in order to install a railroad signal, the time spent digging the ditch does not count toward the hours-of-service limit. Only certain work is counted. Huh? Yes, somehow in the freight rail industry digging a ditch for a signal system installation is not considered work and apparently doesn’t lead to any fatigue. This must change too.

The freight rail industry is a place where men and women can secure middle-class careers. But too often their working lives are spent in a state of chronic fatigue. If our government closes the regulatory loopholes and stops employers from using technicalities to evade or game the rules, we will have a safer freight rail industry.

 (The preceding appeared on the website of the Transportation Trades Department of the AFL-CIO.)

union_pacific_logoOMAHA, Neb. – Profiles in Diversity Journal recently recognized Union Pacific as one of the nation’s 25 Most Influential Companies for Veteran Hiring. The only railroad on the list, Union Pacific was selected for its commitment to veteran hiring, progressive reservist policies and dedication to supporting employee veterans.

“Union Pacific understands and values the skills veterans bring to the workforce,” said Roy Schroer, Union Pacific’s vice president of Human Resources. “The military instills a strong work ethic and world view that strengthens our organization at all levels.”

In 2013, Union Pacific hired more than 800 military veterans, including 95 disabled veterans. These veterans make up approximately 25 percent of all new hires in 2013. During the last five years, 24 percent of Union Pacific’s hires have been veterans, and overall, veterans comprise about 20 percent of the company’s workforce. Leadership and teamwork skills, wide-ranging areas of expertise gained during their service, familiarity with nontraditional working hours and experience working outdoors are just some of the characteristics that make military personnel a good fit with jobs at Union Pacific.

Union Pacific actively recruits veterans through its involvement with military transition offices, military education offices, reserve and National Guard units, career fairs, information sessions, employer panels, resume review assistance and by serving on local military committees and boards.

The railroad’s progressive reservist policy is one example of how Union Pacific supports its reserve, active duty and veteran employees, and their families. All employees called to active duty are compensated for any difference between military and company pay, and Union Pacific continues benefit coverage for deployed employees and their families. In addition, the employee resource group UPVETS is devoted to attracting, developing and retaining employees who are military veterans.

Union Pacific frequently is recognized for its commitment to military veterans. The company received the inaugural Hiring Our Heroes Award for Post 9/11 Veteran Employment and Internships from the National Chamber Foundation and has been named a military-friendly employer 10 times by G.I. Jobs. The company is a member of the Army Reserve’s Employee Partnership Initiative, supports the Army Partnership for Youth Success program, and is a past recipient of the Freedom Award, the U.S. government’s highest employer recognition.

Union Pacific offers many unique employment opportunities for veterans, including train crew, diesel mechanics, diesel electricians, assistant signal workers and track laborers. Engineers in the computer science, electrical, civil and mechanical areas will find leadership opportunities in the Information Technology department or through the company’s Operations Management Training Program. Interested candidates can view job postings at www.UP.jobs.

Story provided by Steve Cooper at We Party Patriots
Addressing a crowd already energized from powerful speeches by Boston Mayor Marty Walsh and American Federation of Teachers (AFT) President Randi Weingarten, surprise speaker Bill Clinton made clear his position on job-creation and economic growth at the Building and Construction Trades Department (BCTD) National Conference on Monday: “Investment, not financial transactions.”
The 42nd president repeatedly assured the crowd of nearly 2,500 that, “We’ve just begun to scratch the surface,” in terms of investment and infrastructure opportunities in the United States. Clinton, whose appearance was entirely unannounced but made perfect sense given the involvement of both BCTD and AFT in the Clinton Global Initiative (CGI), cited painting Harlem roofs white as a bare bones example of energy-efficiency’s ability to create jobs. It put people to work without even beginning to harness the endless possibilities of the sophistocated upgrades and construction practices of the future, Clinton said.
But the undeniable charm of Clinton’s overall message was less technical than it was inspiring and, frankly, fed up. He admitted that the United States has one of the highest corporate tax rates in the world, but suggested that countless loopholes and a general culture of greed make this fact more or less moot. He hammered offshoring of profits, saying over one trillion dollars are overseas that should be brought home. How this money is returned to U.S. shores, however, is as important to Clinton as whether or not is happens. Again, he stressed the importance of putting this money to work, highlighting infrastructure banks. “It’s the proper way to invest in our economy because it works,” he said behind his now-trademark demi-specs. “These types of investments are a better job growth strategy than financial transactions.”
Clinton derided the current recovery, saying, “We are hiring people at only half the rate of other post-recession recovery periods.” With 100 years of practices since similar economic collapses, Clinton suggested there is no excuse for this rate of change. For the most part, he placed blame on economic policies championed by multi-national corporate interests and misconceptions about the value of a hard day’s work.
This was pitted against labor’s more pro-active efforts, especially workforce development. “Your apprenticeship training is astonishing,” Clinton said, eliciting massive applause. Earlier in the morning, BCTD President Sean McGarvey reminded the construction worker gathering that together their unions, members and partners were investing $1 billion dollars annually in apprenticeship. “The thing I like about the labor movement,” Clinton said, “we want everybody to get rich, we just want them to get rich by putting them to work.”

PHILADELPHIA – More Americans used buses, trains and subways in 2013 than in any year since 1956 as service improved, local economies grew and travelers increasingly sought alternatives to the automobile for trips within metropolitan areas, the American Public Transportation Association said in a report released on Monday.

The trade group said in its annual report that 10.65 billion passenger trips were taken on transit systems during the year, surpassing the post-1950s peak of 10.59 billion in 2008, when gas prices rose to $4 to $5 a gallon.

Read the complete story at The New York Times.

oil-train-railA push by Warren Buffett’s railroad to boost oil-shipment safety is meeting resistance from Hess Corp. and other companies that say the plan would mean a surge in costs and force them to scrap thousands of tank cars.

A series of accidents including a Quebec crash that killed 47 spurred Buffett’s BNSF Railway Co. along with Union Pacific Corp. to back new standards requiring older cars to be modified or junked. Shippers and railcar lessors balk at the potential cost of more than $5 billion and say carriers’ operating errors are to blame for fiery derailments like BNSF’s in December.

Read the complete story at Bloomberg Businessweek.

OSHA logo; OSHACHICAGO – The U.S. Department of Labor’s Occupational Safety and Health Administration has found Grand Trunk Western Railway Co. and Union Pacific Railroad Co. in violation of the Federal Railroad Safety Act for suspending and/or disciplining five workers following the reporting of workplace injuries or illnesses.

“When employees are disciplined for reporting workplace injuries, safety concerns or illnesses, worker safety and health are clearly not the company’s priority,” said Nick Walters, OSHA’s regional administrator in Chicago. “More than 60 percent of the FRSA complaints filed with OSHA against railroad companies involve an allegation that a railroad worker has been retaliated against for reporting an on-the-job injury. This is unacceptable and a culture that must be changed.”

The department has ordered the companies to pay back wages, along with interest, punitive and compensatory damages, and attorney’s fees. The companies will also be required to remove disciplinary information from the employees’ personnel records and must provide whistleblower rights information to workers.

OSHA has ordered Grand Trunk Western Railway Co., a subsidiary of the Canadian National Railway, to pay four workers a total of $85,580.

A building and bridge carpenter will receive $29,671 in lost wages, less employment taxes, $2,119 in lost vacation pay and $10,000 in punitive and compensatory damages. OSHA’s investigation upheld his allegations that he was suspended for 20 days after reporting a workplace injury that occurred in South Bend, Ind., in December 2011.

A conductor will receive $29,671 in lost wages, less employment taxes, $2,119 in lost vacation pay and $10,000 in punitive and compensatory damages. He received a 60-day suspension from work after reporting a workplace injury that occurred in Lansing, Mich., in November 2011.

Another conductor working in Pontiac, Mich., can expect $1,500 in punitive and compensatory damages and no loss of wages after the employee was issued a 45-day suspension, which has not been served, for taking unauthorized leave in June and July 2012 for ongoing medical treatment. OSHA’s finding upheld that the medical treatment should have been an excused absence. Additionally, a conductor working in Battle Creek, Mich., will receive $500 in punitive damages and one day’s lost wages after he was issued a one-day suspension for reporting a workplace injury in February 2013.

Union Pacific Railroad Co. has been ordered to pay a brakeman $1,289.68 in lost wages, less employment taxes, and $10,000 in punitive and compensatory damages, along with interest and attorney’s fees. OSHA’s investigation upheld the brakeman’s allegation that the railway issued him a one-day suspension and required him to attend remedial simulator training after he was injured by battery acid fumes when investigating a possible fire in the engine room of a train in the Dupo Illinois Yard.

Either party in these cases 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, 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.

 

union_pacific_logoLike a train engineer blessed with good weather and clear tracks, Union Pacific has arrived ahead of schedule.

The railroad company’s $400 million intermodal facility in Santa Teresa broke ground in 2011, expecting to be operational in 2015. Instead the Omaha, Neb.-based company announced that it will have a grand opening ceremony on May 28, a year ahead of schedule.

Read the complete story at the Las Cruces Sun-News.

Representatives of the SMART Transportation Division’s Switching Operations Fatality Analysis Working Group (SOFA) urge railroad operating employees in northern states to exercise a heightened level of caution while working in late winter weather conditions. 

Minnesota State Legislative Director Phillip Qualy and Kansas State Legislative Director Ty Dragoo remind all train crews to be aware of freezing and thawing of snowpack and muddy conditions within the coming weeks.

With a significant snowpack, the increasing angle of sunlight rays and evening hours that remain well below freezing temperatures, the risk of derailment is significant due to ice build-up in rail flange ways.

“Switchrod channels that do not drain or are not cleared of ice pose a risk for overexertion and injury. Light overnight snows can obstruct hazards and create unsafe walking conditions,” Qualy said.

“Train operating crews must not ride cars into permanent or temporary close-clearance areas under any circumstance. As an additional reminder, hooded winter clothing can affect hearing and block peripheral vision.”

“Federal Railroad Administration Chief Administrator Szabo recently recognized the accomplishments of SOFA,”  Qualy said. “However, all credit goes out to each and every railroad worker in North America. It is astounding that we have not suffered a single SOFA fatality in more than one year. Our mission remains the same – zero fatalities.” 

It is recommended that all SMART TD members review the SOFA working group’s Safety Posting for the first quarter of 2014 found here. 

As always, in an effort to reduce injuries and fatalities, the SOFA Working Group asks that railroad employees practice the following five life-saving measures: 

  1. Secure all equipment before action is taken.
  2. Protect employees against moving equipment. 
  3. Discuss safety at the beginning of a job or when work changes. 
  4. Communicate before action is taken. 
  5. Mentor less experienced employees to perform service safely.

“As we approach the end of one of our worst winters in decades, we expect the railroads to clear hard crust snowpack from our yards, pick out switch-channels and sand walkways. We must anticipate and plan for the worst” said Qualy. “As train crews and members of the SMART TD, continue to be your brother and sister’s keeper for safety.”

Previsich
Previsich

By John Previsich, 
SMART Transportation Division President – 

2014 is shaping up to be a remarkable year in the history of our union. The SMART constitution is now finalized and we are moving forward with the ongoing effort to merge our two organizations into one.

For those who have not yet viewed the arbitration decision or the new SMART Constitution, they can be found on the Transportation Division’s website at www.utu.org by selecting merger under the Updates tab, or on the SMART website at smart-union.org by using the search term “constitution.”

In addition to the integration, a number of other issues will demand our attention throughout the year. To begin, we will have two conventions this year – one for the SMART Transportation Division (formerly UTU) from June 30 – July 2, 2014 and another for the SMART organization from Aug. 11 – 15, 2014.

As advised in my Jan. 24 letter to all SMART TD officers, general chairpersons, state legislative boards and local unions, proposed amendments to the SMART Constitution’s Article 21B may be submitted by any subordinate body of the Transportation Division no later than March 2, 2014.

Both conventions are equally important. Delegates at the Transportation Division convention will elect officers to serve the Division in the upcoming term starting Oct. 1, 2014. In addition, delegates will debate constitutional amendments that are submitted to the Transportation Division for consideration and will make recommendations on whether such amendments should be adopted or rejected by the delegates to the SMART convention.

Delegates to the Transportation Division convention are also delegates to the SMART convention and it is very important that our delegates attend both conventions to convey the wishes of their members to the governing body. If your local does not have a duly elected delegate and alternate delegate in place at this time, your local president or secretary should contact my office immediately at (216) 228-9400.

The Transportation Division staff stands ready to assist your local in ensuring your delegate or alternate will be seated at these conventions. In addition, Transportation Division locals may be entitled to have more than one delegate attend the SMART convention in August. Details on how to determine the number of delegates to which your local may be entitled and procedures for electing additional delegates will be published soon.

Another item of business in the coming year is the commencement of negotiations for a national rail contract. We will soon begin the process of formulating the Section 6 notices to be served on the carriers.

The process starts with input from our members in the field on what is important for a new contract, and that input is essential to the preparation of Section 6 notices that reflect the needs and desires of our membership.

Other issues of interest are implementation of the Affordable Care Act and its impact on the many health care plans that cover our members, mid-term congressional elections, our organizing efforts that have produced great results in both our short line and bus departments and our continued legislative success in fending off attacks on Railroad Retirement and Amtrak.

Overall, we look forward to the challenges that lie ahead and to the successes that we will continue to achieve on behalf of our members.

oil-train-railThe National Transportation Safety Board will hold a two-day public forum next month on the safety of moving crude oil and ethanol by rail, the agency said Thursday.

The NTSB has been warning for years that a common type of railroad tank car, known as the DOT-111, was not suitable for transporting flammable liquids and cited its tendency to puncture or rupture easily in derailments.

Read the complete story at The Modesto Bee.