Author: amyr

Home>Articles by: amyr

By UTU International President Mike Futhey

The National Mediation Board, which administers the Railway Labor Act, proposes changing the rules by which rail and airline employees choose labor union representation. The UTU supports the change.

The NMB rules for representation elections now require a majority of employees eligible to vote actually cast a ballot favoring a union before that union is certified as the bargaining agent. Those not voting are assumed to have cast a “no” ballot.

By contrast, the National Labor Relations Board, which administers labor law affecting the bus industry, certifies representation elections based on results of those actually voting — the universal standard in democratic elections.

The UTU submitted comments supporting the change. A final ruling by the NMB may be issued this month.

You might wonder why the NMB has been out of sync with universal democratic voting procedures. The answer is circumstances were markedly different when the rule was first imposed during the 1930s.

Back then, the NMB was concerned with company unions, racial discrimination, conflict among competing unions, lower reading comprehension among union members, primitive means of communication, and even communist agitators.

Two-thirds of the NMB workload in the 1930s involved purging outlawed company unions, which were controlled and financed by management. Requiring a majority of those eligible to vote (as opposed to a majority of those voting) more conclusively communicated to management an employee desire for an independent labor union.

African-American employees often were denied representation in company unions, and were discriminated against in hiring, assignments and discipline. Many railroads back then tried to deny ballots to African-American employees. By certifying representation elections based on the majority of those eligible to vote, the NMB advanced racial democracy.

In that earlier era, dozens of labor unions were in competition for representation, as it was not until 1954 that the AFL-CIO constitution prohibited “raiding” by its member unions. Thus, the NMB sought to “get it right” in determining which union the majority of employees favored.

During the 1930s, only 30 percent of workers held high school diplomas (versus more than 70 percent today), and voting was by mail ballot with detailed written instructions.

Communication also was primitive. This was no small concern, as under the Railway Labor Act, representation is system-wide. It may be hard to believe in this era of cell phones, but during the 1930s, it took up to five AT&T operators to complete long-distance calls, which cost up to $33 in current dollars. By requiring a majority of eligible employees vote in favor of representation, the procedure promoted a more informed vote as union supporters had incentive to educate members on each individual property and encourage them to vote.

Finally, during the 1930s, communist agitators advocated worker militancy. The NMB election procedures of that era sought to prevent a handful of agitators from rigging elections.

Circumstances have, indeed, changed. And that is why the NMB now proposes to bring its 75-year-old representation election voting procedures in sync with the universal rule of democratic elections.

Meanwhile, Congress currently has before it the Employee Free Choice Act, which affects our bus members covered under the National Labor Relations Act. Employers and their friends in Congress have so far blocked passage of that law.

The Employee Free Choice Act would do three things to level the playing field for employees and employers.

It would strengthen penalties against companies that illegally coerce employees from expressing support for union representation; it would require a neutral third party impose a contract when a company refuses to negotiate in good faith; and it would require an employer to recognize a union immediately if a majority of employees sign union-authorization cards.

The UTU supports passage of the Employee Free Choice Act.

WASHINGTON — Revisions to locomotive certification rules (49 CFR Part 240), effective Feb. 22, 2010, were issued by the Federal Railroad Administration Dec. 23, 2009.
Among the revisions:

  • Prohibits the practice of re-classiyfing any type of engineer’s certification to a more restrictive class or certificate while the certification is otherwise valid.
  • Requires each railroad to identify steps it might take in the event an employee fails a skills performance test, or the railroad finds deficiencies with an engineer’s performance during an operational monitoring observation, or unannounced ride.
  • Requires each railroad to describe the scoring system it utilizes in determining a locomotive engineer’s skills during an operational monitoring observation, or unannounced ride.
  • Requires that revocation of an engineer’s certification may only occur for reasons specified in the regulation.

To read the final rule, click on the following link:

“FRA revisions to engineer certification.”

The following questions and answers discuss the Railroad Retirement Board’s performance in the key areas of retirement applications, survivor applications, disability applications and payments, and railroad unemployment and sickness benefit applications and claims during fiscal year 2009 (October 1, 2008 – September 30, 2009).

Included are the customer service performance goals the RRB set for fiscal year 2009 in its Annual Performance Plan. These goals are revised annually based on such factors as projected workloads and available resources. Also included is information on the RRB’s overall performance, as measured by the timeliness index developed by the agency.

1. How does the RRB measure overall timeliness for customer service?

The RRB developed an index to measure the overall timeliness of its customer service in four benefit areas: retirement applications; survivor applications; disability applications and payments; and railroad unemployment and sickness benefit applications and claims. This composite indicator, based on a weighted average, allows for a more concise and meaningful presentation of its customer service efforts in these benefit areas.

2. How timely, overall, was the customer service provided by the RRB in fiscal year 2009, as measured by this timeliness index?

During fiscal year 2009, the overall benefit timeliness index stood at 99.2 percent. This means that the RRB provided benefit services within the time frames promised in the Customer Service Plan 99.2 percent of the time. More detailed performance information for specific benefit areas is presented in the questions and answers that follow.

3. What standards were used by the RRB in fiscal year 2009 for processing applications for railroad retirement employee or spouse annuities and how well did it meet those standards?

Under the RRB’s standards, if you filed an application for a railroad retirement employee or spouse annuity in advance, the RRB will make a decision to pay or deny the application within 35 days of the beginning date of your annuity. If you have not filed in advance, the RRB will make a decision within 60 days of the date you filed your application.

Of the cases processed during fiscal year 2009, the RRB made a decision within 35 days of their annuity beginning date on 94.53 percent of employee and 95.21 percent of spouse applicants who filed in advance. Taking these employee and spouse cases together, 94.86 percent of this group met the agency’s standard for fiscal year 2009. Average processing times for employee and spouse applications were 17.5 and 12 days, respectively; the combined average processing time for these cases was 15 days.

Also, of the cases processed, the RRB made a decision within 60 days of their filing dates on 98 percent of employee and 96.4 percent of spouse applicants who had not filed in advance. Taken together, 97 percent of these cases met the agency’s standard. In these cases, the average processing times for employee and spouse applications were 22.1 and 20.7 days, respectively; the combined average processing time was 21 days.

The RRB’s goals in fiscal year 2009 were 92.75 and 96.8 percent timeliness, respectively, for those filing in advance and those not filing in advance.

4. What standards were used in the area of survivor benefits in fiscal year 2009?

Under the standards, if you filed for a railroad retirement survivor annuity and you were not already receiving benefits as a spouse, the RRB will make a decision to pay, deny, or transfer your application to the Social Security Administration within 60 days of the beginning date of your annuity or the date the application is filed (whichever is later). If you are already receiving a spouse annuity, the RRB will make a decision to pay, deny, or transfer your application for a survivor annuity to the Social Security Administration within 30 days of the first notice of the employee’s death. If you filed for a lump-sum death benefit, the RRB will make a decision on your application within 60 days of the date the application is filed.

Of the cases considered during fiscal year 2009, the RRB made a decision within 60 days of the later of the annuity beginning date or the date the application was filed on 94.4 percent of the applications for an initial survivor annuity. In cases where the survivor was already receiving a spouse annuity, a decision was made within 30 days of the first notice of the employee’s death in 95.4 percent of the cases. In addition, a decision was made within 60 days of the date the application was filed on 97.43 percent of the applications for a lump-sum death benefit. Average processing time for all applications for recurring monthly benefits (initial survivor applications and spouse to survivor conversions) was 17.8 days. The average processing time for lump-sum death benefit applications was 11.5 days.

The goals for fiscal year 2009 were 94 and 95.1 percent timeliness, respectively, for processing initial survivor applications and spouse to survivor conversions. For processing applications for lump-sum death benefits, the goal was 97.25 percent.

5. What standards were used by the RRB in fiscal year 2009 for processing applications for disability annuities under the Railroad Retirement Act?

Under the Customer Service Plan, if you filed for a disability annuity, the RRB will make a decision within 100 days of the date you filed your application. If it is determined that you are entitled to disability benefits, you will receive your first payment within 25 days of the date of the RRB’s decision, or the earliest payment date, whichever is later.

Of the cases processed during fiscal year 2009, the RRB made a decision within 100 days of the date they filed an application on 62.5 percent of those filing for a disability annuity. The average processing time was 97 days. Of those entitled to disability benefits, 96.5 percent received their first payment within the Customer Service Plan’s time frame. Average processing time was 9 days.

The agency’s goals were 70 percent and 95 percent timeliness, respectively, for disability decisions and disability payments.

6. What were the standards for the handling of applications and claims for railroad unemployment and sickness benefits and how well did the RRB meet these standards?

Under the standards, if you filed an application for unemployment or sickness benefits, the RRB will release a claim form or a denial letter within 10 days of receiving your application. If you filed a claim for subsequent biweekly unemployment or sickness benefits, the RRB will certify a payment or a denial letter within 10 days of the date the RRB receives your claim form.

During fiscal year 2009, 99.5 percent of unemployment benefit applications sampled for timeliness and 99.34 percent of sickness benefit applications processed met the RRB’s standard. Average processing times for unemployment and sickness benefit applications were 0.4 and 3 days, respectively.

In addition, 99.8 percent of subsequent claims processed for unemployment and sickness benefits met the RRB’s standard for fiscal year 2009. The average processing time for claims was 4 days.

The agency’s goals for processing unemployment and sickness applications in fiscal year 2009 were 99.5 percent timely for unemployment applications and 99.25 percent timely for sickness applications. The payment or decision goal for subsequent claims was 99.8 percent timeliness.

7. How did the RRB’s performance in meeting its standards in fiscal year 2009 compare to its performance in fiscal year 2008?

Fiscal year 2009 performance met or exceeded fiscal year 2008 performance in the areas of employee and spouse applications (whether filed in advance or not), initial survivor applications, spouse to survivor conversions, lump-sum death benefits, unemployment and sick
ness benefit applications and claims, and disability payments. Average processing times in fiscal year 2009 equaled or improved fiscal year 2008 processing times in the areas of unemployment benefit applications and unemployment and sickness benefit claims. Also, for fiscal year 2009, the agency met or exceeded all of the customer service performance goals it had set for the year in its Annual Performance Plan with the exception of disability applications.

8. Can beneficiaries provide feedback to the RRB about the service they receive?

A Customer Assessment Survey form is available in every field office allowing beneficiaries to evaluate the service they received and suggest how the agency can improve its service. Persons not satisfied with the service they received may contact the manager of the office with which they have been dealing.

(The preceding release was issued by the Railroad Retirement Board on January 20, 2010.)

The sign-up deadline is nearing for the UTU Alumni Association’s “Pioneer Adventures of the Old West.”

This eight-day adventure starts in Phoenix May 9, 2010. It includes Sedona, Ariz., and the Montezuma Castle National Monument; a ride aboard the Grand Canyon Railway through Grand Canyon National Park; a visit to Monument Valley in southwestern Utah and Lake Powell; Zion National Park; Bryce Canyon National Park; dinner at the Bryce Canyon Country Rodeo; travel through the scenic Virgin River Gorge into southern Nevada and on to fabulous Las Vegas.

The rate is only $1,525 per person based on double occupancy. Airfare is additional. The price includes seven breakfasts and three three-course dinners, as well as airport transfers, hotel taxes, tips for baggage handling and a sightseeing program.

For more information, contact Landfall American Express Travel at (800) 835-9233, e-mail travel@landfalltravel.com, or access the UTU Alumni Association page of Landfall Travel’s Web site, www.landfalltravel.com/UTU.html.

This tour, arranged through internationally known Brendan Vacations, is open to all UTU Alumni Association members, family and friends; other UTU members are welcome to join them as space permits.

The United Transportation Union Insurance Association is looking for a special person to honor as its 2010 volunteer of the year.

Do you regularly volunteer at a hospital or nursing home? Do you lead a Boy Scout or Girl Scout troop or work with the handicapped? Are you involved in some other activity that benefits those in your community?

If so, the UTUIA would like to know about it.

A panel of judges at the UTU International will review all submissions and select the 2010 volunteer of the year.

The individual selected as UTUIA volunteer of the year will receive a $1,000 U.S. Savings Bond and a plaque of appreciation from the UTUIA.

Additionally, he or she will be honored at the 2010 UTU/UTUIA regional meeting nearest his or her home, with all expenses paid by UTUIA.

Also, 20 runners up will be selected to receive certificates of appreciation for their volunteer efforts.

Nominations must be received or postmarked by Friday, March 26, 2010.

The winning individual will be notified by registered mail, and certificates of appreciation will be forwarded to runners up as soon as possible.

The decision of UTUIA judges is final. Previous nominees may be nominated again; however, former Volunteers of the Year are ineligible to receive awards.

The Volunteer of the Year program is an opportunity for the men and women of the UTUIA to let their fraternal lights shine.

It also provides an opportunity for UTUIA to recognize its volunteers for their outstanding contributions to others.

Nomination forms should be mailed to: UTUIA Volunteer of the Year, Attn.: Tony Martella, Director of Insurance, 24950 Country Club Blvd., Suite 340, Cleveland, OH 44070.

Do not forget to include a separate sheet of paper describing the applicant’s volunteer activities.

By UTU International President Mike Futhey

What should have been a joyous holiday season ended all too tragically Dec. 29 with the death of 44-year-old UTU Local 1000 member Samuel Lundy in a switching accident in Minneapolis. He leaves behind a loving wife and three children.

Brother Lundy was the eighth UTU member killed in the line of duty during 2009. We grieve for each of them, and I am inspired by the somber words of Local 1000 President John Haggarty, who observed — and this applies to each of our fallen brothers — “If this could have happened to him, it could happen to any of us.”

Railroaders work in one of the most — if not the most — dangerous industries in America, where accidents, rather than resulting in sprains and broken bones, too often result in career-ending injuries and death.

Death and dismemberment stalk operating crews every moment of their working hours, and there is no greater priority — none! — than returning home to our families in one piece.

Worker safety is the number-one priority of every labor union, and the UTU works closely with every labor organization in this effort. There is no stronger bond among labor organizations, and the working men and women in America, than the joint objective of improving workplace safety.

Within the UTU, we have three separate safety initiatives in place. This is in addition to our efforts at the negotiating table; our joint initiatives with other labor organizations; our communications and meetings with federal regulatory agencies, Congress and state legislatures; and our Designated Legal Counsel program.

Progress is being made, but we cannot, should not, and will not retreat from this fight. It is the most vital duty we owe our membership.

Our most recent safety initiative was the creation, earlier this year, of the UTU Rail Safety Task Force, whose mission is to identify and communicate best practices and techniques to improve situational awareness and keep situational awareness at its highest level.

Additionally, the UTU participates with other labor organizations and rail management in the Federal Railroad Administration sponsored Switching Operations Fatalities Analysis (SOFA) working group, whose mission is to develop recommendations for reducing fatalities in switching operations. The SOFA group has developed best practices for yard workers to help ensure their safety.

The UTU also has a 13-member Transportation Safety Team that assists National Transportation Safety Board investigators in on-the-scene determination of facts in rail-related accidents. Members of this team are selected based on their knowledge of operating rules and understanding of general railroad operations, train movements and dispatching. Team members also receive special training in NTSB procedures. A team member was on the scene within hours of Brother Lundy’s death to assist the NTSB in its investigation.

In Washington, the UTU National Legislative Office spends a considerable portion of each workday in meetings with FRA, Federal Transit Administration, Federal Motor Carriers Safety Administration and Federal Aviation Administration safety officials; the NTSB; other labor organizations, academics, and key congressional staff discussing and pushing for improved workplace safety improvements.

Our state legislative directors similarly are involved, on a daily basis, in investigating member concerns and working with state officials and lawmakers on workplace safety issues. These efforts include gaining state regulations requiring safer walkways alongside yard tracks, improved sanitation and crew facilities, and protecting bus operators from unruly passengers.

Within hours of Brother Lundy’s fatal accident, Minnesota State Legislative Director Phil Qualy called on “all railroad management teams voluntarily to clear our walkways of snow and ice, to rebuild and maintain the walkways at yard, industry, and mainline alike, and help us advance safety and service in this industry.”

Finally, our Designated Legal Counsel are an essential component of our workplace safety efforts. These attorneys are uniquely qualified in bringing civil actions against railroads under the Federal Employers’ Liability Act (FELA), which is one of the best friends railroaders have in pressuring railroads to improve workplace safety.

Please visit the various safety-related pages on the UTU Web site to keep informed and stay up to date on best practices designed to bring you home safely to your family.

And when you do spot a workplace safety problem, immediately inform the carrier, and also inform your local legislative representative and your state legislative director at your earliest opportunity, providing as many facts as you are able regarding location and the nature of the safety problem.

I pledge to each of you that workplace safety will remain the UTU’s single highest priority.

The UTU national rail contract negotiating team has been named by UTU International President Mike Futhey, who will serve as the UTU’s chief negotiator.

Other members of this bargaining round’s negotiating committee include Assistant President Arty Martin; International Vice Presidents Robert Kerley and Delbert Strunk; General Chairpersons John Lesniewski (GO 049), Pate King (GO 680) and Doyle Turner (GO 347); and UTU General Counsel Clint Miller.

Futhey headed the UTU bargaining team that negotiated the most recent member-ratified amendments to the existing national agreement.

The national rail contract between the UTU and railroads represented by the National Carriers’ Conference Committee becomes amendable Jan. 1. Both sides exchanged desired amendments affecting rates of pay, rules and working conditions on Nov. 2.

Railroads represented by the National Carriers’ Conference Committee include BNSF, CSX, Kansas City Southern, Norfolk Southern, Soo Line, Union Pacific and numerous smaller carriers.

Some 40,000 UTU members are affected by these negotiations, and the resulting amendments frequently set patterns for other negotiated rail agreements.

The existing national contract will remain in force until negotiated amendments are ratified by UTU members under the craft autonomy provisions of the UTU Constitution. Negotiations are governed by provisions of the Railway Labor Act.

Earlier in December, carriers withdrew one of their demands, entitled “Staffing and Consolidation,” in exchange for the UTU withdrawing a lawsuit alleging that demand was inappropriate for national handling.

The UTU interpreted that carrier demand as seeking one-person crew operations. A federal court had ruled in March 2006 — during the previous round of national negotiations — that the UTU had no obligation to bargain nationally over a carrier demand to eliminate conductor and brakemen positions on all through-freight trains.

To keep current on this round of national handling, stay tuned to our website www.utu.org.

The 24 days between Dec. 22 and Jan. 14 have proven the most deadly for railroad workers. More fatalities and career-ending injuries occur during this calendar period than any other.

With the holiday season upon us, we owe it to ourselves and our families to keep the season joyous and free from needless sorrow. Safety is a gift we keep giving our families.

Returning home to our families in one piece requires more than simply saying, “Be careful out there.”

Since 1998, the Switching Operations Fatalities Analysis (SOFA) working group — comprised of representatives from labor, management and the FRA — has devoted itself to bringing railroaders home to their families in one piece.

SOFA’s five lifesaving tips can save yours, as they have saved countless other railroaders from death and career-ending injuries:

  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.

The SOFA working group also warns of special switching hazards:

  • Close clearances
  • Shoving movements
  • Unsecured cars
  • Free rolling rail cars
  • Exposure to mainline trains
  • Tripping, slipping or falling
  • Unexpected movement of cars
  • Adverse environmental conditions
  • Equipment defects
  • Motor vehicles or loading devices
  • Drugs and alcohol

UTU members participating in the SOFA working group are Louisiana State Legislative Director Gary Devall, Minnesota State Legislative Director Phil Qualy and Kansas Assistant State Legislative Director Ty Dragoo.

In the 17 years since 1992, only four have been fatality free, and almost 12 percent of all on-duty employee fatalities have occurred during the 24 days between Dec. 22 and Jan. 14.

Staying vigilant and heightening your situational awareness — by following the SOFA working groups life-saving tips, by being aware of special switching hazards, and by encouraging increased communication among crew members, limiting task overload and focusing on the task at hand — is the most effective way to return home to your families in one piece.

And remember: almost as many injuries and deaths involve employees with many years of seniority as new hires.

Let’s not permit ourselves to drift into mental vacations. As the SOFA working group says, warnings “can be viewed as numbers on a page, but the loss of a railroad employee is real, and brings sadness to their family, co-employees and friends.”

The UTU Rail Safety Task Force extends a happy holiday greeting to all members and their families.

For more information on the UTU Rail Safety Task Force, and to communicate with the task force, click below:

http://utu.org/utu-rail-safety-task-force/

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU Arizona state legislative director

Steve Evans, UTU Arkansas state legislative director

Jerry Gibson, UTU Michigan state legislative director

By UTU International President Mike Futhey

As we begin this new round of bargaining with the railroads to amend our national rail contract, I am optimistic we will reach an equitable outcome — an agreement that benefits both parties.

The carriers and their contract employees cannot thrive without each other, meaning it is in both parties’ interest to jointly and harmoniously produce an outcome assuring competitive, world-class and safe railroads as well as a just wage, benefit and rules package.

Of course, there will be difficult issues to address along the way. The carriers are tough negotiators, as are we. To understand those difficult issues, I urge you to visit our UTU Web site at www.utu.org, and click on the “National Rail Contract” link, where you may read the UTU’s desired amendments as well as those of the carriers.

As difficult as these negotiations may be, I am confident the carriers share our view that it is not in the interests of either side to have a third party decide our contract terms. A voluntarily reached agreement is in both parties’ best interest.

Our negotiating committee, which is in the process of being selected, will have a single objective at each negotiating session: to produce a tentative agreement acceptable to our general chairpersons and our membership.

As is our proud and cherished guarantee under the UTU Constitution – a guarantee I will never surrender – each craft will exercise its autonomy in choosing whether to ratify the tentative agreement.

For benefit of our newer rail members, it is important to understand that under the Railway Labor Act, there is no contract expiration date, and the right to engage in self-help (strikes, lockouts and arbitrary management changes to contracts) is severely restricted. Our contract continues until amended.

Although we hope contract amendments can be negotiated quickly, there is no time limit on Railway Labor Act negotiated agreements. Thus it is also important to recognize that only the UTU contract provides that during contract negotiations, the carriers must pay twice yearly cost-of-living adjustments – payments that protect against inflation – beginning Jan. 1, 2011.

As the collective bargaining process moves forward, I pledge we will update the membership on a timely basis through postings at www.utu.org.

By Richard Deiser
Vice president and director, Bus Dept.

One of the most important issues facing the motor carrier industry is distracted driving.

Safe driving requires total concentration — not just on our own part, as we must also worry about other drivers not paying attention to what they are doing.

In fact, distraction can occur also in the locomotive cab and on the airplane flight deck.

As I write this column, the hot topic in the media is the airline crew that overflew their destination by over an hour. At first it was alleged that the captain and first officer were asleep. But, they later said they were using their laptops in an attempt to figure out the new method of crew scheduling.

The flight crew apparently was paying so little attention that they may as well have been asleep. There have been incidents causing death and injuries on the rails as well, such as when the locomotive engineer of a commuter train was on a cell phone and failed to see a signal.

In the past few months, there have been numerous bus accidents when either the operator or the other motorist was on a cell phone. The majority of states have now passed legislation barring the use of hand-held phones while driving. Massachusetts has gone so far as to ban any and all electronic device use by bus operators.

However, in an emergency, cell phones and communication devices can be useful, and even aid in assuring the safety of passengers.

We will be carefully monitoring legislation and policies affecting our membership and others engaged in providing transportation. In the interim, be safe and use common sense in the use of any communication device, whether personal or company provided.