Tennessee Governor Bill Haslam May 20 announced the appointment of SMART Transportation Division Tennessee State Legislative Director Roger “Adren” Crawford to the Tennessee Council for Career and Technical Education.
The TCCTE serves as an independent advocate for quality career and technical education programs and functions as an independent oversight body. It consists of 13 members appointed by the governor to serve in an advisory capacity to the Tennessee Board of Education, Tennessee Board of Regents, the governor and the general assembly.
Members of the council are appointed to serve six-year terms. Seven individuals are representatives of the private sector in the state and constitute a majority of the membership. Six individuals are representatives of secondary and post-secondary education, career and technical institutions, career guidance and counseling organizations within the state, and/or individuals who have special knowledge and qualifications with respect to the educational and career development needs of special populations.
“I appreciate the commitment of these men and women and want to thank them for their willingness to serve the state,” Tennessee Gov. Bill Haslam said. “Tennessee will be well represented on these boards and commissions.”
Crawford is a member of Local 339 at Jackson, Tenn., and serves as the local’s chairperson, legislative representative and delegate.
Author: amyr
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is reminding interstate truck and bus drivers that beginning May 21, all new USDOT physicals must be performed by a qualified health professional listed on the National Registry of Certified Medical Examiners.
“Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx. “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”
The new program, which was required by federal law and addresses four National Transportation Safety Board recommendations, sets baseline training and testing standards for medical professionals who perform commercial driver physicals and for tracking of driver medical certificates.
Today, approximately 22,000 medical professionals have completed the coursework and testing and are listed on the National Registry and another 27,000 have begun the certification process. Current medical certificates held by commercial driver’s license (CDL) holders will continue to be valid until the expiration date that is shown on the card. Only then will the driver need to seek a certified medical examiner to perform their new examination.
“We have certified thousands of health professionals to conduct driver exams – with more being added every day,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “The online database is easily searchable so drivers can schedule their medical certification exam with a qualified healthcare professional wherever they might be – coast to coast, including Hawaii and Alaska.”
A USDOT medical exam looks at a range of conditions to assess a driver’s ability to safely operate a commercial vehicle, including cardiovascular disease, respiratory and muscular functions, vision, and hearing.
All interstate commercial truck and bus drivers must pass a USDOT medical examination at least every two years in order to obtain a valid medical certificate, maintain their CDL, and legally operate a commercial motor vehicle.
Medical examiners on the National Registry will also be required to maintain and demonstrate competence through periodic training and recertification testing and those that fail to maintain federal standards will be removed.
FMCSA developed the National Registry of Certified Medical Examiners program as part of the agency’s commitment to enhancing the medical oversight of interstate drivers, and preventing commercial vehicle-related crashes, injuries, and fatalities. To learn more, visit http://nationalregistry.fmcsa.dot.gov.
The members of the Auxiliary of the UTU Scholarship Fund Board met in North Olmsted, Ohio, April 23-24, 2013. During the meeting, scholarships were drawn from the 53 applications submitted by Auxiliary members for the 2013-2014 school year. The board must “spend” at least 5 percent of our average annual net worth on scholarships to meet our Internal Revenue Service obligations. Through a random drawing, the board awarded eight (8) scholarships this year. These scholarships were drawn by Erika Diehl of the UTU Legal Department and Mary Kay Gubics, office secretary of the Auxiliary, in the presence of the Scholarship Fund Board members. The following are winners of the 2013-2014 Auxiliary Scholarships. Winners are listed in the order the applications were drawn. Congratulations to the scholarship winners! The Auxiliary of the UTU is proud to be able to help in the education of our Auxiliary family members.
2013-2014 Scholarship Winners:
Elisabeth Stansberry
Child of Barbara Moore, Lodge 28, of St. Louis, Mo.
Allison Tressler
Grandchild of Elaine Tressler, Lodge 565, of Toledo, Ohio
Haley Smith
Grandchild of Betty Lively, Lodge 170, of Fort Worth, Texas
Steven David Hatfield
Child of Kathy Callahan, Lodge 700, of Peeples Valley, Ariz.
Coltin Grasmick
Grandchild of Linda McComas, Lodge 3, of North Olmsted, Ohio
Curtis Mechler
Grandchild of Donna English, Lodge 489, of San Antonio, Texas
Drew Madsen
Stepchild of Lianna Madsen, Lodge 136, of Salt Lake City, Utah
Christine Hendron
Grandchild of Elizabeth Simmons, Lodge 932, of Belleville, Ill.
The members of the Auxiliary of the UTU Scholarship Fund Board met in North Olmsted, Ohio, April 22-24, 2014. During the meeting, scholarships were drawn from the 47 applications submitted by Auxiliary members for the 2014-2015 school year. The board must “spend” at least five percent of our average annual net worth on scholarships to meet our Internal Revenue Service obligations. Through a random drawing, the board awarded ten (10) scholarships this year. These scholarships were drawn by Faith Ann Feltmeyer of the UTU Legal Department, in the presence of the Scholarship Fund Board members. The following are winners of the 2014-2015 Auxiliary Scholarships. Winners are listed in the order the applications were drawn. Congratulations to the scholarship winners! The Auxiliary of the UTU is proud to be able to help in the education of our Auxiliary family members.
2014-2015 Scholarship Winners:
Steven Sax
Child of Bonnie Sax, Lodge 28, of St. Louis, Mo.
James Ross Spain
Grandchild of Sylvia J. Trimmier, Lodge 170, of Fort Worth, Texas
Hannah Magrum
Grandchild of Wilma Kappel, Lodge 933, of Jefferson City, Mo.
Jackson D. Majher
Child of David C. Majher, Lodge 5, of Cleveland, Ohio
Mariah Flickinger
Child of Barbara Flickinger, Lodge 113, of Winslow, Ariz.
Allison Groves
Grandchild of Patricia A. Murphy, Lodge 500, of Indianapolis, Ind.
Ethan Grasmick
Grandchild of Linda M. McComas, Lodge 3, of North Olmsted, Ohio
Tyler G. Johnson
Grandchild of Karen Prather, Lodge 3, of North Olmsted, Ohio
Amanda F. Majher
Child of David C. Majher, Lodge 5, of Cleveland, Ohio
Nathaniel Coons
Grandchild of Betty Coons, Lodge 28, of St. Louis, Mo.
Presidential Emergency Board 245 determined May 20 that “the Unions’ final offer is the most reasonable” in the four-year-old bargaining dispute between the International Association of Sheet, Metal, Air, Rail and Transportation Workers and its allied unions and the Long Island Rail Road.
The PEB report sets in motion a final 60-day cooling off period. If no agreement is reached during that time, SMART and the other unions can strike on July 19 under provisions of the Railway Labor Act.
Under the RLA’s special 9A provisions for disputes involving commuter railroads, if the parties do not reach agreement after a first PEB issues its recommendations, a second PEB is convened to decide which side’s final offer is the most reasonable.
On Dec. 21, 2013, PEB 244 recommended a six-year contract with 17.9 percent in compounded wage increases. The board also recommended that employees begin paying health insurance premiums that reduced the net value of the proposed contract to 2.5 percent per year. The board rejected Long Island Rail Road’s proposal for sweeping pension, work rule, and other concessions.
In its report, the board notes that “the lack of notice and bargaining on substantial issues in the Carrier’s final offer is of significant concern … The Unions’ final offer, on the other hand, represents a reasonable balance addressing the priorities of both parties … It is noteworthy that the Unions’ assertion that real wage increases for LIRR employees, absent inflation, have not increased at all since 1991, was not challenged by the Carrier.”
“A strong union requires strong members,” said SMART General President Joseph Nigro. “The courage and fortitude these members exhibited shows that there is nothing stronger than the solidarity that comes when working families are united. They are proof of that.
“SMART will provide all the resources needed to ensure an agreement worthy of ratification by these members is produced. They have fought for and deserve every advance they make and will make in the future.”
“Our members on LIRR, led by General Chairperson Anthony Simon, are to be commended for their resolve in seeking the fair and equitable agreement to which they are entitled,” said SMART Transportation Division President John Previsich. “From the very beginning, SMART advised all concerned that management’s offer of a substandard contract was unacceptable and that we would not hold back in our efforts to obtain a just agreement.
“Throughout negotiations and mediation, our position was firm and consistent and management refused to listen. Now that our position is validated by both Presidential Emergency Board 244 and again with PEB 245, it is time for this issue to be resolved. We will not rest until our members receive the agreement that they deserve.”
SMART, along with its coalition partners Transportation Communications Union, International Association of Machinists and Aerospace Workers, and the National Conference of Firemen & Oilers-Service Employees International Union, submitted the recommendations of the first board to PEB 245 as its final offer.
MTA, which conducted the bargaining for Long Island Rail Road, rejected PEB 244’s recommendations as a basis for settlement. Instead, MTA proposed as its final offer what it claimed was equivalent value to a deal it reached on April 17, 2014, four days before PEB 245 hearings began, with Transport Workers Union Local 100 representing 35,000 New York City Transit Authority workers. The offer was for 11 percent in wage increases over six years, with a 2 percent employee contribution to health insurance, major pension concessions, and a new, reduced-rate progression for new employees.
PEB 245 decisively ruled for the unions. The three-member panel, comprised of renowned arbitrators Joshua Javits, David Vaughn and Elizabeth Wesman, wrote, “The Unions’ final offer … represents a reasonable balance addressing the priorities of both parties.”
In rejecting MTA’s final offer, the board found that there were no consistencies with any comparisons made by the MTA, and the lack of detail to any comparables did not prove that their final offer was reasonable. As PEB 244 noted, state employee agreements have virtually never constituted valid comparators or patterns for commuter railroads. The labor markets, skills, history, and operations are completely different.
SMART Transportation Division Alternate Vice President and General Chairperson Anthony Simon, spokesman for the SMART, TCU, IAM and NCFO-SEIU coalition, called upon MTA “to accept reality and sign the PEB-recommended contract immediately.”
“Our members and all the hard working men and women on the Long Island Rail Road have waited long enough. We sincerely hope MTA will not stick to its twice-rejected position. We are fully prepared to strike on July 19 if MTA continues to stonewall the process,” Simon said.
To read the complete report of PEB 245, click here.
In representation elections held May 15 on both bus and rail properties, the SMART Transportation Division came out on top, keeping the Organizing Department’s 2014 undefeated streak alive.
Yet another division of First Student bus operators has joined the SMART fold as Kansas City, Mo., school bus drivers overwhelmingly selected SMART over both the International Brotherhood of Teamsters and the Service Employees International Union.
Of eligible voters, 107 selected SMART Transportation Division, 63 selected the Teamsters, 16 selected SEIU and just seven chose to vote for no union.
“This was a hard-fought campaign, but it was also a well-run campaign,” said Transportation Division Director of Organizing Rich Ross. “We won, and we won by a large majority because we spent a lot of time out there making our case. The operators wanted representation and chose the best bang for their buck.”
“We were out near the property every day at 4:30 a.m. to get our message across. The Teamsters came out in force with their parade truck, trying to block us from view, but the First Student operators found us.”
Ross lauded the efforts of Alternate Vice President-Bus Calvin Studivant and Southeastern Pennsylvania Transportation Authority General Chairperson Waverly Harris (1594) and Vice Local Chairperson Brian Caldwell (1594). He also thanked CSX and Norfolk Southern new-hire class instructor Justin Humphries Local 1291 Chairperson Jacob Lane for their dedicated service throughout the campaign and Local 759 member Sheny M. Mendez for acting as an interpreter for the company’s Spanish-speaking employees.
In Western Michigan, the train and engine service workers employed by Marquette Rail also said “SMART” when they opted for union representation.
With the assistance of Vice President Jeremy Ferguson, Ross concluded another successful campaign in the Great Lakes State.
The Genesee & Wyoming-owned short line operates over approximately 126 miles of Michigan track, primarily on rail route extensions from CSX and Norfolk Southern near Grand Rapids northward to Ludington and Manistee.
Marquette transports chemicals, paperboard, grain, salt, petroleum products and other commodities. It also serves as a storage agent for fleet owners requiring accommodations for seasonally inactive or off-lease rolling stock. Capacity is in excess of 500 railcars.
PHILADELPHIA – A CBS 3 I-Team investigation reveals the dangers when cars and people wind up in the path of trains along SEPTA’s Regional Rail Lines.
Eyewitness News Reporter Walt Hunter spoke exclusively with a veteran engineer and conductor who tell of the horrifying moments when wrecks happen.
Read the complete story at CBS News Philadelphia.
Conductor Ed Lyons is a member of SMART Transportation Division Local 61 at Philadelphia, Pa.
A White House-appointed mediation panel Tuesday rejected an MTA proposal for a Long Island Rail Road union contract for the second time, calling labor leaders’ offer of a 17 percent, six-year pact a “reasonable” solution.
In its nonbinding recommendation issued last evening, the three-member Presidential Emergency Board 245 called the LIRR unions’ proposal for the contract and, for the first time, employee health benefit contributions “a reasonable balance addressing the priorities of both parties.”
Read the complete story at Newsday.
DENVER – Burlington Northern Santa Fe Railway has been ordered to pay more than $526,000 in back wages and other damages to two workers following an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration. OSHA found that the company, based in Fort Worth, Texas, was in violation of the whistleblower provisions of the Federal Railroad Safety Act for terminating the employees in 2010 and 2011 for reporting a workplace injury that occurred at the company’s Havre, Mont., terminal.
“An employer cannot retaliate against employees who report an injury,” said Gregory Baxter, OSHA’s regional administrator in Denver. “OSHA recognizes that employers can legitimately have, and apply, policies to require prompt injury reporting; however, that is not what happened here. When employers mask their retaliatory intent through application of a policy or rule, they violate the law.”
The former employees submitted complaints to OSHA alleging violations of the anti-retaliation provisions of the FRSA. Because of these complaints, OSHA conducted an investigation and determined that the reporting of the work-related injury was a factor in each former employee’s termination, which is a direct violation of the FRSA. Burlington Northern has been ordered to pay back wages with interest, compensatory damages and attorney’s fees, while reinstating and expunging the two employees’ work records.
The reporting of an injury, regardless of an employer’s policy or deadline, is a protected activity under well-established law. The railway carrier failed to demonstrate that it would have taken the same unfavorable personnel action in the absence of the behavior protected by the FRSA.
Burlington Northern or the complainant may file objections or request a hearing before the department’s Office of Administrative Law Judges within 30 days of receipt of OSHA’s order. 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.
The freight rail industry faces a new tide of regulation that threatens what has been a remarkable industry comeback over the last three decades, from the depths of bankruptcy to one of the strongest industry sectors in the U.S. economy.
To put a finer point on it, the U.S. industry that the National Academies of Engineering called “the envy of the world” is under threat from U.S. regulators weighing a proposal that would smother freight rail growth and have a cascading impact on freight rail’s ability to deliver goods and products.
Read the complete story at Forbes.