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This is the second in a series of safety alerts issued by the UTU Rail Safety Task Force.

The task force was appointed by International President Mike Futhey in response to a spike in railroad on-duty employee fatalities.

This safety alert focuses on the job of protecting the point while riding rail cars.

In such situations, here are facts to consider and questions to ask yourself as part of assuring you return home to your family in one piece:

  • Are you controlling the movement to really allow stopping within half the range of vision? Are you really protecting yourself?
  • Have you considered walking as a safer alternative in some cases?
  • From how far away can you see a one-inch gap in switch points? In daylight, it’s about 130 feet, at most. And the average railroad issued lantern casts light for approximately 70 feet
  • Do you know how many feet per second are you moving at 10 mph? The answer is 15-feet per SECOND; and at 8 mph, it is about 12-feet per second.
  • Now contemplate that you are protecting the point during daylight, with a single engine shoving 10 loaded lumber cars on flat grade at 15 mph. Now, you see a gapped switch. It will take you 8.6 seconds to stop.
  • If you are shoving too fast,, are you rolling the dice?
  • Now contemplate what would happen if the shoving movement at 15 mph were a crossover lined into a cut of cars, or a car left out to foul.
  • In such a situation should you consider stopping the movement and walking ahead to inspect and protect?
  • There have, recently, been a great number of shoving-related fatalities and career ending injuries in our industry. Please be careful. Always maintain situational awareness. It’s very dangerous out there, and your family wants you back home in one piece.

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU assistant Arizona state legislative director
Steve Evans, UTU Arkansas state legislative director
Jerry Gibson, UTU Michigan state legislative director
Scott Olson, UTU Arizona state legislative director

For more information on the UTU Rail Safety Task Force, visit the task force’s interactive Web page by clicking:

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

July 3, 2009

The nation’s major railroads have asked a federal court to permit them to violate existing collective bargaining agreements with the UTU and the BLET when the railroads implement new hours-of-service regulations that take effect July 16.

 The soon-to-be-implemented hours-of-service limitations are directed by Congress in the Rail Safety Improvement Act of 2008 (RSIA), whose intent is to reduce train-crew fatigue and improve the quality of life of train crews.

The lawsuit was filed by the carriers in U.S. district court in Ft. Worth, Texas, and the UTU and the BLET intend to mount a vigorous defense.

The carriers acknowledge in their lawsuit that they intend to implement the new regulations as they see fit; and, in so doing, may violate existing labor agreements with respect to wage guarantees.

“Quite simply, the railroads have asked the court to overturn their collective bargaining agreements with the UTU and the BLET,” said UTU International President Mike Futhey. “The carriers want court approval to disregard collective bargaining agreements in violation of the Railway Labor Act.

“In fact,” said Futhey “the Rail Safety Improvement Act provides expressly for collective bargaining on this issue, containing a provision permitting general chairpersons to negotiate a better balance between time off and earnings, while preserving guaranteed time off.

“This lawsuit is not about assuring the safety of its employees,” Futhey said. “This lawsuit is all about protecting the carriers’ profits. It is nothing more than the carriers’ attempt to put the entire burden of the new hours-of-service limitations on the backs and pocketbooks of their employees.”

BNSF, CSX, Kansas City Southern, Norfolk Southern and Union Pacific, who jointly filed the lawsuit, asked the court to declare that any dispute, arising out of their unilateral implementation of the new hours-of-service regulations, is a “minor” dispute under the Railway Labor Act, which requires binding arbitration. “All railroads would benefit financially at the expense of employees and safety if this carrier lawsuit is successful,” Futhey said.

The carriers acknowledge in their lawsuit that they have national and local contracts that include express written agreements, and implied agreements based on past practice, whose intent is to ensure a minimum number of train crews. These agreements relate to guaranteed assigned work, employee pools and extra boards.

But because the provisions of the Rail Safety Improvement Act will impose a cap on hours worked, the carriers want unilaterally to change existing contracts to put on employees the entire financial brunt of the hours-of-service changes. The carriers want to reduce the employees’ guaranteed payments to, as they say in their lawsuit, “reflect the employee’s unavailability.”

The carriers also say they intend to prohibit employees from self-scheduling themselves to comply with the new hours-of-service regulations, a practice recognized by existing contracts.

The railroads assert in the lawsuit that “they have the right, consistent with existing agreements, to take all steps necessary to effectuate the RSIA-mandated changes in hours-of-service rules.”

By contrast, say the carriers, the UTU and the BLET “contend that the actions taken by the carriers to effectuate the RSIA-mandated changes in hours-of-service rules would override the parties’ agreements in violation of the Railway Labor Act’s restrictions on unilateral changes in agreements.

The railroads want the court to issue a declaration that “the RSIA-related disputes alleged herein are minor and subject to arbitration under [the Railway Labor Act].”

The joint UTU-BLET reply to the lawsuit will be reported at www.utu.org upon its filing with the federal district court.

UTU Rail Safety Alert No. 1 (revised)

(Following is the first safety alert, revised June 22, issued by the UTU’s recently appointed Rail Safety Task Force.

UTU International President Mike Futhey appointed the task force in response to a sharp spike in railroad on-duty employee fatalities.

The UTU and the Brotherhood of Locomotive Engineers and Trainmen also have petitioned the Federal Railroad Administration for an emergency order to prohibit the use by railroads of one-person operating crews, including in remote control operations.)

SAFETY ALERT NO. 1 (revised)

While the UTU has consistently taken exception to single-person operations, in reality it exists today. Accordingly, our members should be aware of the safest course in an unsafe situation.

UTU members working in single-person operations are strongly encouraged to question any order by a railroad official to perform any activities that may result in an injury, loss of limb or life — short of insubordination.

If your request to be relieved of such a task is denied, please immediately contact your local chairperson, general chairperson, local legislative representative or state legislative director for further handling.

In doing so, document these actions as soon as you are able, providing as much information as possible, including witnesses, times, dates, locations and names of all involved.

Following is the proper procedure to handle any types of incidents you feel cannot be safely accomplished by a one-person operation:

1) Call for help, such as a utility employee and/or the mechanical department to assist with the function while the RCO operator maintains control of the RCL transmitter (belt pack) and provides three-step protection. All blue flag rules still apply.

Following are FRA regulations relating to the functions of a “utility employee.”

A utility employee properly attached to a train or yard crew, per the requirements of 49 CFR 218.22(c)(1), (2), (3) and (4), may go on, under or between rolling equipment that the crew is called to operate to perform any of the six functions permitted by 49 CFR 218.22(c)(5), without blue signal protection.

The following are the only six functions permitted:

  1. Set or release hand brakes.
  2. Couple or uncouple air hoses and other electrical or mechanical connections.
  3. Prepare rail cars for coupling. (This means opening knuckles, adjusting drawbars, arranging air hoses etc. It does not mean making repairs, such as changing a knuckle or replacing an air hose.)
  4. Set wheel blocks or wheel chains.
  5. Conduct air brake tests to include cutting air brake components in or out and position retaining valves.
  6. Inspect, test, install, remove or replace a rear-end marking device or end-of-train device.

Under all other circumstances, a utility employee working on, under, or between railroad rolling equipment must be provided with blue signal protection in accordance with §§ 218.23 through 218.30 of Subpart B to Part 218.

2) If help is not available, notify management that you are concerned the function you are being required to perform is unsafe, and that you would prefer not to perform the function.

3) If the carrier official (supervisor, manager) insists that you perform the unsafe function anyway, tell him/her you feel this would place your personal safety in jeopardy and ask that they reconsider your request.

4) If the carrier official denies your request, perform the function as instructed, taking every safety protection available, including:

  • Making sure everyone working on both ends of the yard knows where you are, and that you are about to be on your own under or between cars on the track and without blue-flag protection.
  • Make sure the belt pack is set to prevent the locomotive from moving.
  • Secure cars on a cut located on the oppose side of where the locomotive is attached (to prevent rollback).
  • Keep a constant eye and ear out for any movement whatsoever.
  • Keep the belt pack on, to ensure the man-down feature is operable (or as near as safely possible without creating a tripping hazard), just in case it’s needed.

5) After being required to perform the function, report these occurrences to you local legislative representative, safety chairpersons and local chairpersons.

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU assistant Arizona state legislative director
Steve Evans, UTU Arkansas state legislative director
Jerry Gibson, UTU Michigan state legislative director
Scott Olson, UTU Arizona state legislative director

For more information on the UTU Rail Safety Task Force and its mission, click here:

https://www.smart-union.org/safety/smart-rail-safety-task-force/ 

By Kim Thompson
UTU General Secretary & Treasurer

Nobody spends someone else’s dollars as carefully as we spend our own.

The UTU International leadership is especially sensitive to the fact that members entrust us with their own hard-earned dollars, and every member rightfully expects their union to gain the most value for their dues money. We do not take this obligation lightly.

Since taking office in January 2008, we have instituted new cost controls and conservative investment policies that, even in the face of significant furloughs by rail carriers and problems in financial markets, have made the UTU more efficient and financially secure.

The International’s General Fund, as detailed in the most recent GS&T report, has grown since the Futhey administration took office almost 18 months ago — from $2.1 million to $4 million, which is a 90 percent increase.

The General Fund pays for International operations, including employee wages and benefits, travel tied to assistance provided general and local committees of adjustment, and headquarters rent.

Separately, our strike fund has grown by 45 percent, to $2.7 million, and our convention fund is on track to have the necessary minimum on hand to pay traditional and contemplated costs of the eleventh quadrennial convention in 2011.

Total International funds have grown from $7.5 million, when we took office in January 2008, to more than $13 million, which is an increase of more than 70 percent. This is in the face of sharp carrier cutbacks of employees — many being UTU members — in response to a sour economy.

Among cost-cutting actions was the reduction of one full-time administrative officer in the Cleveland headquarters and redistribution of that work to headquarters staff and other International officers. We have gone from 15 full-time International officers to 11, which is more than a 25 percent reduction.

Travel expenses have been reduced by combining International officer assignments and assigning officers geographically closer to the committees they are assisting. Every travel expense is checked to ensure it is necessary and proper.

Our International funds are invested conservatively so they are available when needed without undue risk of principal.

Our investment advisers are paid directly for sound financial advice and do not profit by moving our money from one investment alternative to another, or as a percentage of short-term investment gains. As a result, our International finances have withstood the effects of this recession and associated financial calamities far better than most organizations.

The UTUIA, meanwhile, earned more than $300,000 from operations during the first quarter of 2009. The UTUIA remains strong with more than $23 million in surplus, as recently validated through an annual audit.

As for the DIPP, premiums exceeded claims for the first quarter 2009, which boosted the fund’s balance. We continue monitoring this fund, as claims are tied directly to the level of carrier discipline.

We have met — and continue to meet — with carrier officers to discuss what we consider to be arbitrary discipline that unjustifiably damages employee morale, impeding our ultimate goal of providing world-class transportation service.

At the local level, we are assisting local treasurers through workshops, individual assistance and the UTU University to better equip them to carry out their duties in managing their local’s funds.

The financial state of the United Transportation Union is strong and secure, and we intend to keep it that way through careful spending and improved productivity within every department and through every activity of the International.

By Vic Baffoni,
Vice president, UTU Bus Dept.

Local UTU officers sacrifice much of their personal time, without compensation, to assist and serve their memberships, and they deserve recognition for their outstanding commitment.

That is what I intend to do in this month’s column.

Two such individuals deserving of recognition for their hard work and dedication are Lonnie Hookfin, president of Local 1496, Riverside, Calif., and David Ojeda, president of Local 1563, El Monte, Calif.

When the Teamsters initiated a representation drive on our members in Local 1496, who work for Laidlaw Transit in the Riverside area, Lonnie spent hours explaining to his membership the many benefits and advantages of UTU representation and solidarity.

David, a friend of Lonnie’s, volunteered to help and came to Riverside and gave to the members of Local 1496 the perspective of another local on how to work together and resolve internal issues.

This willingness and commitment to assist fellow officers and members, to help them identify, improve and advance their mutually beneficial goals for the betterment of all, is very important to labor-union members everywhere, and especially to those working for Laidlaw Transit.

It also forms the foundation of the UTU and its predecessor labor organizations; it is upon this foundation that the UTU has built 40 years of success.

If you are seeking a solution to a problem in your local, or are looking for information and advice on better serving your fellow workers, you always have brothers and sisters ready to assist.

Together, nothing can stop us.

WASHINGTON – The UTU and 30 other trade unions have jointly written members of Congress in opposition “to any proposal” that would pay for health care reform “by altering the tax treatment of employer-provided health care.

“We believe this would be a step in the wrong direction that could jeopardize the overall reform effort,” wrote the 31 trade unions.

“Over 160 million Americans receive their health coverage through the workplace, either as an employee, dependent or retiree. Both Congress and the president have said health care reform will build on what works and have assured Americans they can keep the coverage they have if they like it. This makes good political and policy sense.

“Eliminating or capping the tax exclusion for employer-provided health care benefits – based on income, the premium level or a combination of the two – would threaten to undermine this primary source of health care coverage for most Americans.

“First, it would remove a key incentive that employers have in providing the benefit. This could lead employers either to change substantially or eliminate health care plans.

“Second, if workers have to pay what amounts to a tax increase at possibly both the federal and state levels, that could lead younger, healthier workers to pass up employer-sponsored coverage for less comprehensive plans. This would drive up the cost of coverage for older, less healthy workers, leading to the unraveling of employer-sponsored coverage.

“Contrary to the arguments put forward by proponents of proposals to eliminate or cap the tax exclusion for employer-provided health care benefits, this would not be an effective means for containing health care utilization and costs and curbing so-called “Cadillac” health care plans.

“Instead, it would simply penalize persons who happen to be in plans that have higher costs because of factors beyond their control – that is, plans with more older workers, plans covering geographic areas with higher costs or plans sponsored by small businesses that have higher administrative costs.

“Over the past several years, almost all of our members have sacrificed wages in bargaining in order to keep decent health care coverage. These hard-working people are already in immense economic distress. Imposing what amounts to a tax increase upon them is unfair and very unpopular.

“In 2009, a national survey done by Lake Research Partners, shows that 80 percent of likely voters said they are opposed to taxing health benefits. The president campaigned against eliminating the tax exclusion of health care benefits and the public overwhelmingly agreed with this position.

“It’s obvious the American people want health care costs lowered, not increased. They expect the Congress to make coverage more affordable, not less. Any result to the contrary may undermine their support for the program.

“For all the foregoing reasons, we urge you to oppose any proposals to alter the tax treatment of employer provided health care,” said the letter to Congress.

WASHINGTON — The Federal Railroad Administration has issued an interpretation of its regulations on employer harassment and intimidation of injured employees — welcome pointers to help rail workers, injured on the job, know their rights.

The interpretation focuses on situations where a carrier supervisor or other rail official accompanies an injured employee into an examination room. Specifically, the FRA has defined what actions by a carrier official constitutes harassment or intimidation calculated to discourage or prevent the reporting of an accident, incident, injury or illness.

Said the FRA:

“49 CFR Pat 225 [of its safety regulations require] each railroad to adopt and comply with a written Internal Control Plan addressing the railroad’s policies and procedures regarding accident/incident reporting.

“[The regulation] further requires that such Internal Control Plans include, at a minimum, a policy statement declaring the railroad’s commitment … to the principle, in absolute terms, that harassment or intimidation of any person that is calculated to discourage or prevent such person from receiving proper medical treatment or from reporting such accident, incident, injury or illness will not be permitted or tolerated.

“[M]any railroad employees fail to disclose their injuries to the railroad or fail to accept reportable treatment from a physician because they wish to avoid potential harassment from management or possible discipline that is sometimes associated with the reporting of such injuries.

“[S]upervisory personnel and mid level managers in some instances are urged to engage in practices which may undermine or circumvent the reporting of injuries and illnesses.

“FRA is aware of incidents in which a supervisor or other railroad official has accompanied an injured employee into an examination room, or other room in which the injured employee received medical treatment.

“Although concerns have been expressed as to the need for a railroad to determine the extent of an employee’s injuries, FRA does not believe that such concerns outweigh the potential pitfalls and problems associated with the practice of having supervisors accompany injured employees while they receive care from their physicians.

“Moreover, physicians are in the best position to evaluate the health of injured employees and the presence of a supervisor during such examinations would not, in most cases, add any value to the treatment of an employee and would, in general, be a distraction to both the employee and the physician.”

Thus, said the FRA in its interpretation of its regulations:

“Harassment and intimidation occur in violation of Section 225.33(a)(1) when a railroad supervisor accompanies an injured employee into an examination room, unless one or more [exceptions occur].”

The exceptions, said FRA, occur in “limited circumstances in which it is appropriate, and indeed preferable, for a supervisor to accompany an injured employee into an examination room … Consequently, FRA recognizes the following limited exceptions:

  1. “The injured employee issues a voluntary invitation to the supervisor to accompany him or her in the examination room. The injured employee must issue this invitation freely, without coercion, duress, or intimidation. For example, an injured employee may see the attendance of a supervisor where the supervisor is a friend. This exception does not encompass invitations issued by third parties, including physicians, unless the invitations are made pursuant to the request of the injured employee.”
  2. “The injured employee is unconscious or otherwise unable to effectively communicate material information to the physician and the supervisor’s input is needed to provide such material information to the physician. In these circumstances, the supervisor is assisting the injured employee in providing information to the physician to that the injured employee may receive appropriate and responsive medical treatment.”

Also, be reminded that the Rail Safety Improvement Act of 2008 provided for the following:

  • If the employee is injured on the job, the employer must provide the injured employee with transportation to the nearest hospital.
  • The injured employee may not demand to be taken to a more distant hospital, but the destination must be the nearest hospital and not an emergency center.
  • The employer is not required to transport the injured employee via an ambulance. They may be transported via a company vehicle.
  • A railroad is prohibited from disciplining, or threatening to discipline, an employee seeking medical treatment, or for following orders or a treatment plan of a treating physician.
  • Employees may bring an action against the railroad, under whistleblower provisions, for any violation; and, in addition to recovering back pay and reinstatement, they may recover, separate from a FELA action, compensatory damages, attorney’s fees and punitive damages up to $250,000.
  • Only the injured employee’s physician can certify when the injured employee is fit to return to work, but the railroad can then order an examination by its own physician to determine if the employee is fit, under railroad policies, to return to work, or should be kept off duty for a longer period.
  • If you are involved in a critical incident, such as a highway-rail grade-crossing accident or a train striking another employee or pedestrian, you may demand to be relieved from duty for the purpose of receiving counseling. In addition, you may receive immediate relief of service for the balance of the duty tour.
     

The Rail Safety Improvement Act of 2008 provides that no later than April 2010, the FRA must conduct a rulemaking to determine the principles, elements and methods of conductor certification.

The FRA says it is now prepared to move forward on that rulemaking with the assistance of a Rail Safety Advisory Committee (RSAC) working group comprised of representatives from labor, the carriers and the FRA.

In response, International President Mike Futhey appointed a UTU team to join the RSAC Conductor Certification Working Group that will collaborate to create a consensus on the procedures to be applied in certifying conductors.

Appointed by Futhey to the RSAC Conductor Certification Working Group are:

  • Local 1470 Chairperson Director David A. Brooks
  • General Chairperson (GO 049) John Lesniewski
  • UTU Training Coordinator and Local 528 Legislative Representative Ron Parsons
  • National Legislative Director James Stem
  • Local 645 Chairperson Vinnie Tessitore
  • Attorney Larry Mann, UTU’s rail safety coordinator to UTU Designated Legal Counsel

The UTU representatives are in agreement that certification conversely carries the risk of decertification, and that their role includes building into the rulemaking safeguards from unnecessary burdens, and ensuring the rulemaking proceeds as intended by Congress in the Rail Safety Improvement Act.

Notably, the UTU representatives are in agreement that conductor certification will enhance the proficiency of UTU members, making them ever more professional and indispensable.

The UTU representatives to the working group said that collective bargaining, not the FRA rulemaking, would determine whether a certified conductor receives additional pay.

A new federal law requires railroad workers to provide the Social Security numbers of their dependents.

The Medicare secondary payer statute and regulations contain a series of rules for determining whether Medicare is the primary payer for a person who has both Medicare and other health coverage.

In order to satisfy these regulations, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for administering health-related programs, has implemented new reporting requirements.

Consequently, the national railroad carriers, the UTU Health and Welfare Plan and the Railway Employees National Health and Welfare Plan (“The Plan”) are participating in an all-out effort to obtain Social Security numbers (SSNs) for all covered dependents (wives, husbands and children) in order to achieve compliance with these new reporting requirements.

In addition, the Medicare Health Insurance Claim Number (HICN) will also be required for any dependent eligible for Medicare.

In order to get this initiative underway, Railroad Enrollment Services will begin mailing information to those members identified with missing dependent SSNs and/or HICNs.

The members identified with missing dependent information should provide this information through a special direct mailing in early June.

Outlined below is a brief summary that will be included in the instructions you will receive from Railroad Enrollment Services:

  • If The Plan records do not show a SSN for any given dependent, you will be asked to provide all nine digits of the number. For information on how to obtain a Social Security number for a newborn child or newly adopted child, visit http://www.ssa.gov/pubs/10120.html.
  • If any dependent is Medicare eligible, Railroad Enrollment Services will ask you to provide all digits and/or characters of the HICN, which is on the front of the red, white and blue Medicare health insurance card under the words “Medicare claim number.”
  • By July 15, 2009, the Social Security number reporting form must be signed, dated and returned to Railroad Enrollment Services at the address provided in the mailing.

Please be assured that when Railroad Enrollment Services transmits the SSNs and/or HICNs to CMS, they will maintain all physical, electronic and procedural safeguards that comply with federal standards to guard your personal information.

For additional information regarding the new CMS federal law pertaining to this requirement, visit http://www.cms.hhs.gov/MandatoryInsRep/.

Here’s an opportunity to save a 44-cent stamp and better assure your UnitedHealthcare payments for GA-23111 plans and COBRA coverage arrive on time.

It’s called electronic funds transfer, or EFT, and it permits your UnitedHealthcare premiums for GA-23111 plans and COBRA coverage to be automatically deducted from your checking account, even when you are away from home.

Using EFT, says UnitedHealthcare, provides peace of mind that your insurance premiums reach UnitedHealthcare on time and that you always will pay the proper rate and that the proper amount will be deducted from your checking account.

Your EFT payments will show up on your bank statement.

To sign up with UnitedHealthcare for EFT:

  • Print out and complete the downloadable form provided below, and sign it.
  • Attach a void check.
  • Send the completed and signed form, with the voided check, to:
UnitedHealthcare
Railroad Accounts: EFT
450 Columbus Blvd.
CT030-13NA
Hartford, CT 06103

You should continue making your monthly payments by check until notified that your monthly automated withdrawal will occur. You will receive a “verification of electronic premium withdrawal” statement, which will replace the monthly billing statement. The statement will advise the date when the withdrawal will take place and the amount to be withdrawn.

Also, premiums must be paid through the current period in order to enroll.

Answers to questions can be obtained by calling UnitedHealthcare at (800) 842-5252.

Click here for the enrollment form.