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Effective Jan. 1, UTU members taking certain brand-name drugs will be required to pay more for them unless they switch to generic or preferred versions.

Members who choose to stay on the non-formulary/non-preferred drug will be subject to the non-formulary/non-preferred copay.

If you are using one of the drugs noted below, contact your physician and request a prescription for one of the preferred alternatives to avoid paying the higher price.

A mailing will occur on Dec. 1 to members affected by this change.

These formulary changes are made quarterly.

The preferred alternative to Activella (0.5-0.1 mg) is estradiol-norethindrone acet (1-0.5 mg), Prempro or Premphase.

The preferred alternative to Alamast is cromolyn sodium, Patanol or Optivar.

The preferred alternative to Altace is ramipril capsules.

The preferred alternative to Ambien CR is zolpidem tartrate IR (generic Ambien)

The preferred alternative to Cimzia is Humira, Enbrel or Remicade.

The preferred alternative to Ertaczo is econazole nitrate, ketoconazole or nystatin.

The preferred alternative to Lorabid is cefdinir.

The preferred alternative to Ortho Tri-Cyclen Lo is Trinessa, Tri-Previfem or Tri-Sprintec.

The preferred alternative to Quixin is ciprofloxacin, tobramycin sulfate, Zymar, Vigamox or Iquix.

The preferred alternative to Retin-A Micro is tretinoin gel.

The preferred alternative to Retin-A Micro Pump is tretinoin gel.

For rail employees covered under the health and welfare provisions of the national railroad agreement, health care insurance cost contributions rise beginning Jan. 1, from the current $170.96 per month to $200 monthly, owing to increases in health care costs under the plan.

The carrier monthly payment rate for other than on-duty injury health care insurance also will rise Jan. 1, from $1073.76 per employee per month to $1,273.41 per month. Carriers pay 100 percent of the plan’s administration costs.

The 15 percent of health care insurance costs for medical, dental and vision benefits paid by employees in 2010 will reach the 2010 monthly cap on employee health care insurance contributions. Without that cap, employee costs per month would be higher in 2010.

Owing to the rise in health care costs nationwide, the national rail plan’s health care costs will rise by 18.8 percent in 2010 compared with 2009, while costs of the dental plan will rise by 1.8 percent, and the vision plan by 2.5 percent.

UTU general chairpersons on Nov. 2 served on railroads represented by the National Carriers’ Conference Committee (NCCC) the UTU’s intended amendments to agreements affecting rates of pay, rules and working conditions.

Such notices are required by Section 6 of the Railway Labor Act and are served on each other by parties to existing agreements.

The national rail contract between the UTU and railroads represented by the NCCC became amendable on Jan. 1, 2010.

The existing contract will remain in force until tentantively negotiated amendments are presented to UTU members and ratified under the craft autonomy provisions of the UTU Constitution.

During this round of national contract negotiations with the UTU, the NCCC will be the chief bargaining representative for BNSF, CSX, Kansas City Southern, Norfolk Southern, Soo Line, Union Pacific and numerous smaller railroads.

Other railroads, including Amtrak and U.S. operations of Canadian National, negotiate individually with the UTU.

Some 40,000 UTU members are affected by these national contract talks with the NCCC, and the resulting agreements frequently set patterns for other negotiated rail agreements.

UTU International President Mike Futhey, who headed the UTU team that negotiated the most recent member-ratified amendments to the existing agreement, will lead the UTU negotiating team in this round of collective bargaining. Members of the negotiating team will be selected later in November.

Other rail labor unions will negotiate their own agreements with the NCCC.

Major elements of the UTU’s Section 6 notices include:

  • Complete and permanent elimination of existing service scale (entry rates of pay).
  • Complete and permanent elimination of the two-tier pay system.
  • A series of general wage increases, effective Jan. 1, 2010, and every six months thereafter.
  • Cost of living adjustments.
  • A crew calling window structure or no less than a 10-hour call.
  • A process to resolve fatigue issues relative to cross-craft utilization, inaccurate line-ups and manipulation of pool crew boards caused by paper deadheading and dropping of turns.
  • Compensation for certifying as a conductor (certification to be established by the FRA as directed by the Rail Safety Improvement Act of 2008).
  • Peer related craft pay for training periods.
  • Carriers to give first employment consideration to qualified conductors furloughed from other railroads.
  • Furloughed employees called back to work will be guaranteed a minimum of 60 days of work and pay.
  • Increased meal allowances.
  • Restrictions on transferring, consolidating, combining or centralizing yardmaster assignments.
  • Establishment of a formula for yardmaster extra boards.
  • Enhanced benefits under the NRC/UTU Health and Welfare Plan and the Railroad Employees’ National Health and Welfare Plan (GA-23000).

UTU Section 6 notices were developed beginning with recommendations offered by UTU members.

A committee of general chairpersons from the Association of General Chairpersons, District 1, reviewed and fine-tuned those suggestions, which were then approved by the entire Association of General Chairpersons, District 1.

To view the UTU Section 6 notice, click here.

To view the carriers’ Section 6 notice, click here.

The Centers for Medicare & Medicaid Services has announced that the standard monthly Part B premium will be $110.50 in 2010.

However, most Medicare beneficiaries will not see an increase in their monthly Part B premiums in 2010 because of a “hold-harmless” provision in current law. Monthly premiums for most beneficiaries protected by the “hold-harmless” provision will be $96.40, the same monthly Part B premium as in 2009.

Some beneficiaries will pay the new standard monthly premium of $110.50 in 2010. These beneficiaries are not subject to the “hold-harmless” provision because they are new Medicare Part B enrollees during the year, they do not have their Part B premiums withheld from railroad retirement or social security benefit payments, or they are subject to the income-related additional premium amount (as explained below).

The Part B monthly premiums for some beneficiaries will increase again in 2010, depending on an individual’s or married couple’s modified adjusted gross income. The income-related Part B premiums for 2010 will be $154.70, $221.00, $287.30, or $353.60, depending on the extent to which an individual beneficiary’s income exceeds $85,000 (or a married couple’s income exceeds $170,000), with the highest premium rates only paid by beneficiaries whose incomes are over $214,000 (or $428,000 for a married couple). The accompanying tables (hyperlink to tables can be viewed by clicking here) show the 2010 Part B premiums based on income. The Centers for Medicare & Medicaid Services estimates that about 5 percent of Medicare beneficiaries with Part B will pay higher premiums in 2010 based on their incomes.

The Social Security Administration (SSA) is responsible for all income-related monthly adjustment amount determinations. To make the determinations, SSA uses the most recent tax return information available from the IRS. For 2010, in most cases that will be the beneficiary’s 2008 tax return information. If that information is not available, SSA will use information from the 2007 tax return.

Those railroad retirement and social security Medicare beneficiaries affected by the 2010 Part B income-related premiums will receive a notice from SSA by December 2009. The notice will include an explanation of the circumstances where a beneficiary may request a new determination. Persons who have any questions or would like to request a new determination should contact SSA after receiving and reviewing their notice.

(The preceding release was issued by the Railroad Retirement Board in October 2009.)

The Rail Safety Improvement Act of 2008 made the first significant amendments to hours-of-service laws in nearly 40 years.

In response, the FRA issued an interim statement of agency policy and interpretation, which poses significant problems for train- and engine-service employees with regard to employee safety and earnings.

The UTU and the BLET now have jointly asked the FRA to reconsider portions of their interim statement of agency policy and interpretation. The new rules would impact more than 85,000 train- and engine-service employees who are members of the UTU and BLET.

Significantly, the UTU and BLET are asking the FRA to revisit its interpretation of how to determine whether an employee has received the statutorily required amount of off-duty time as prescribed by the Rail Service Improvement Act (RSIA).

The RSIA amended the statutory off-duty period by eliminating the option of eight consecutive off-duty hours, and required that the minimum statutory off-duty period be 10 consecutive hours in all cases (except in intercity passenger and commuter service).

The UTU and BLET assert that, “on its face, this change did nothing to force FRA to change its longstanding interpretation of how sufficient off-duty time is determined.”

Under the existing FRA method, a railroad is required to look back 24 hours at the employee’s on-duty time and determine if the employee had 10 hours of undisturbed rest in that window. If the answer is ‘yes,’ then the employee can work a full 12 hours. That approach is called the “fresh start look back” analysis.

But the FRA, in its interim statement of agency policy and interpretation, proposes to scrap the “fresh start look back” analysis and substitute what is called a “continuous look back” analysis.

A “continuous look back” analysis would require the railroads to look back at every moment during a duty tour to determine if the employee has had 10 consecutive hours of undisturbed rest in the 24 hours prior to that particular moment.

This new “continuous look back” approach would prohibit an employee from working the full 12 hours that are permitted by the law if they were to have more than a two-hour call.

The FRA’s proposed “continuous look back” approach not only adversely impacts an employee’s earnings, but interferes with a railroad’s need to maximize employee productivity.

In fact, the “continuous look back” approach also could result in more employees being forced to remain at away-terminal locations rather than returning home, which adversely impacts family life and imposes greater costs on a railroad.

For example, if an employee has a three-hour call — and this is generally of necessity in large metropolitan areas where commute times are long — the employee could only work 11 hours, because when the first minute of the 12th hour arrives, the railroad could not look back 24 hours and find 10 consecutive hours undisturbed hours off duty. (11 work + 3 hour call + 10 hours rest = 24 hours) Thus, the longer the call time, the less work the employee can legally perform.

For assignments with an interim period of rest, the most an employee could ever work is 10 hours. For an unassigned (extra board) employee who is working on call, the call time further reduces the amount of work time proportionally. If they get the typical two-hour call, the interim period of release is rendered moot.

10-hour call is best

The better solution would be to require a 10-hour call, which would permit 12-hour on-duty shifts, the UTU and BLET told the FRA. “It is obvious that an employee who is aware that they will be required to report for work in 10 hours is best able to schedule their rest so that they arrive at work in the most alert condition possible.

“The best medical evidence available establishes what the labor organizations have known for years: that employees will be most alert just after they wake up,” the UTU and BLET told the FRA. “We contend that an employee who sleeps or naps as close to their reporting time as possible, within reason, is the best rested employee and therefore the safest.”

In the joint statement signed by UTU International President Mike Futhey and BLET Acting National President Paul Sorrow, the FRA is asked to “reaffirm the long-standing ‘look back fresh start’ interpretation, which has served both safety and the industry well, and decline to adopt the proposed ‘continuous look back.'”

Click here to read the joint UTU/BLET submission to the FRA.

By UTU Assistant President Arty Martin

Early in our lives, we learn that success — whether it be graduation, being selected for a church choir, earning a spot on a sports team, or being hired to drive a bus, fly a plane or switch rail cars — requires preparation, following rules, and attention to the job.

Our union is structured to assure each of us the opportunity and right to guide our future under our collective bargaining agreements. Our responsibility is to understand our agreements, and learn to document carrier violations.

This is because we cannot expect the local chairperson, general chairperson or an International officer to know everything that is happening on a daily basis at each location.

Local officers, upon learning of your problems, have the responsibility to inform the general chairperson and/or state legislative director (the latter where safety issues are concerned). These officers then have the option, if necessary, of seeking assistance from the International.

The UTU constitution is very strong in preserving the autonomy of each local, with succeeding levels (general committees, state legislative boards and the International) prepared to assist in ensuring you obtain proper pay, benefits and working conditions as provided by your agreements.

At the International, we have one of the strongest and most successful law departments among labor organizations. History shows that the UTU does not hesitate to go to the court house on your behalf to enforce agreements.

We also work to build coalitions with other labor organizations, and often through the AFL-CIO, which carries the banner for almost 12 million working families.

The UTU’s membership in AFL-CIO — along with the UTU PAC — is a powerful tool for electing a labor-friendly candidates and influencing the passage of labor-friendly laws. I take pride that UTU International President Mike Futhey was just elected a vice president of the AFL-CIO, and named to its ruling Executive Committee.

I am reminded of the famous Norman Rockwell paintings of four basic freedoms: Freedom of speech, freedom of worship, freedom from want, and freedom from fear.

These freedoms are the soul of union brotherhood and sisterhood, as working men and women from diverse backgrounds and cultures come together to fight for individual and collective respect and workplace rights.

I also recall reading a famous speech by President Franklin D. Roosevelt, in which he proposed a Second Bill of Rights to guarantee a job with a living wage, freedom from unfair competition and monopolies, a home, medical care, education and recreation.

Much progress has been made, but more must be achieved. Together, through preparation and hard work, we must continue — with fire in the belly — the fight for what is right.

At the local level, members have the responsibility to fight for these rights also, beginning with identifying and properly documenting situations that hinder our very basic rights to a safe workplace, free of intimidation and harassment.

By Richard Deiser
Vice President, Bus Department

Kudos to Alternate Bus Vice President-East Calvin Studivant and Alternate Bus Vice President-West Bonnie Morr for being chosen as delegates to the AFL-CIO convention in Pittsburgh, where a highlight was President Obama’s speech that may be viewed on the UTU Web site at www.utu.org.

Calvin reports that he shook the president’s hand!

Congratulations also to UTU International President Mike Futhey on his election as an AFL-CIO vice president and his appointment to the federation’s Executive Council.

Several bus locals have been involved in contract negotiations, and the trend is towards shorter agreements in the hope that the economy will improve in the near future.

If that becomes reality, we will be able to negotiate wages and benefits from a far stronger position than in the current recession.

General Chairperson James Williams (Local 1564, Los Angeles) reports his members have ratified a new one-year agreement with the LACMTA after hard work and patience of all the committee members.

General Chairperson Nelson Manzano (Local 710, Elizabeth, N.J.; One Bus) praised the work done by Vice General Chairpersons James Powell and Jose Rivera in reaching a one-year agreement with Coach USA, holding the cost-sharing for health care.

Local 1558 in Westwood, N.J., (Rockland Coaches) reached a similar accord under the direction of General Chairperson Keith Mack, assisted by Mike Byrne, Helaine Parsons, Ed Pollard, Bob Panarotti and Abe Tsay.

Calvin Studivant’s Local 759 in Paramus, N.J., (Community Transit) won an important arbitration, which resulted in an employee being restored to work status with full back pay and benefits.

Also, General Chairperson Bill Koehn (Local 1670, Laredo, Texas; Laredo Metro) is keeping a watchful eye on bus inspections at the Mexican border.

The U.S. DOT has significantly reduced the number of buses inspected, leading to worries about safety, operator fatigue and equipment maintenance on these bus lines that operate far into the U.S. American companies cannot compete effectively when confronted by cheap labor, shoddy maintenance and falsified driver logs.

(The following information was released Sept. 30, 2009, by UnitedHealthcare.)

“We are concerned about the health and welfare of our members affected by the recent floods in Georgia and we have taken immediate action to offer:

  1. Assistance for members in locating an in-network care provider;
  2. Free help line for individuals in need of counseling.

Effective through Oct. 6, these measures apply to members residing in the following Georgia counties: Carroll, Catoosa, Chattooga, Cherokee, Clayton, Cobb, Crawford, DeKalb, Douglas, Forsyth, Fulton, Gwinnett, Newton, Paulding, Rockdale, Stephens, Walker.

Special assistance or accommodations

Members who have been displaced or whose network facility is not accessible and require assistance or special accommodations due to the flooding, should call the number on the back of their medical ID cards.

If members have been displaced from their place of residence, customer care professionals will help them locate an in-network provider. In an emergency, members should seek treatment at the nearest medical facility.

OptumHealth providing a 24-hour help line

A free help line is available to members trying to cope with the emotional consequences of the floods. Staffed by experienced masters-level behavioral health specialists, the free help line offers callers assistance with a range of personal concerns including stress, anxiety and the grieving process.

Callers may also receive referrals to community resources to assist them with specific concerns such as financial and legal issues.

The toll-free helpline phone number is (866) 342-6892 and is available 24 hours a day, seven days a week for as long as necessary. This service is free of charge.

Resources and information are also available online in English at www.liveandworkwell.com and in Spanish at www.mentesana-cuerposano.com.

At UnitedHealthcare, we will provide those railroad members affected by the floods in the affected Georgia counties with the best possible services and support, and will do everything we can to help them through this crisis.”

By UTU International President Mike Futhey

We accept that managing employees isn’t a popularity contest. But it need not be an unpopularity contest.

I share with each of you the concern over ratcheted-up harassment, intimidation and excessive discipline. There is no more economic sense to make out of this than there is common sense.

I was recently told of an incident where an experienced conductor’s work was interrupted no fewer than 18 times over a six-hour period to quiz him on operating rules. Such unjustifiable scrutiny contributes to an unsafe workplace, as the results are used to punish rather than to educate.

When employees in safety-sensitive positions are put in a position where their primary focus at work is defending themselves, their ability to do their jobs efficiently and safely is jeopardized. That is not in the offending carrier’s best interest, certainly not in the customers’ best interest, and absolutely not in the best interests of operating efficiently and safely.

We are putting a coalition together with other labor organizations to stop this unwarranted activity. First, we want to hear from you. On the UTU’s home page, at www.utu.org,  there is a link to contact information for each of the International’s senior officers.

Please, tell us the problems, with examples and details. Help us to teach the carriers we are going to represent our members and are not going to be silent while our members continue to be harassed, intimidated and excessively disciplined to the point of putting their limbs and lives in jeopardy. These members cannot focus on doing their jobs efficiently and safely.

No member should constantly have to look over their shoulder.

As the carriers’ attempt at tortured interpretations and applications of our agreements, we will fight them in the courts in Fort Worth, we will fight them on the properties from Jacksonville to Norfolk to Omaha, and we will not go quietly into the night. We will stand and fight.

Our message to the carriers is simple: We want our members properly trained, and then we expect the carries to leave us alone and let us do our work efficiently and safely.

On behalf of our members, we will — in the words of former President Al Chesser — “stand and fight with fire in the belly for what is right.”

By Richard Deiser
Vice President, Bus Department

It was gratifying to see the large number of Bus Department local and committee officers and legislative representatives in attendance at the regional meeting in New Orleans. There were many long-time experienced veterans and many new faces.

President Futhey’s emphasis on organizing efforts will no doubt increase the need for training new officers in the future. The regional meetings continue to be a primary source of training for new and old. In New Orleans, we had seminars on what constitutes a grievance and preparing for arbitration by Dr. Francis X. Quinn.

Ernie Martinez (Local 1607), ably assisted by David Ojeda, conducted a two-part discussion on accident investigation.

The class on duties of local officers, taught by the International’s Director of Strategic Planning John Nadlin, was attended by an overflow crowd, as was the first-responder class directed by UTU organizer Billy Moye.

In addition, we had an open forum during which attendees had opportunity to discuss items of interest at their local and gather suggestions.

Everyone agreed that they came away having learned something new. I urge all the bus locals to send at least one officer to one of next year’s regional meetings. The few dollars you spend on training now can save thousands later.

Training also is available over the Internet through the UTU’s iLink connection to the UTU University.

The International also has booklets available, such as a manual for Bus Department chairpersons, and “Progress through Unity,” which is a compilation of materials from a number of previous regional seminars.