ns_LogoNorfolk Southern (NYSE: NSC) announced that its board of directors has unanimously rejected Canadian Pacific’s (NYSE:CP) previously announced unsolicited, low-premium, non-binding, highly conditional indication of interest to acquire the Company for $46.72 in cash and a fixed exchange ratio of 0.348 shares in a new company that would own Canadian Pacific and Norfolk Southern.

After a comprehensive review, conducted in consultation with its financial and legal advisors, the Norfolk Southern board concluded that the indication of interest is grossly inadequate, creates substantial regulatory risks and uncertainties that are highly unlikely to be overcome, and is not in the best interest of the Company and its shareholders.

Read more from StreetInsider.com.

FTAlogoWASHINGTON – The U.S. Department of Transportation’s Federal Transit Administration (FTA) has launched a nationwide transit-oriented development (TOD) initiative to encourage development near transit systems that boosts the local economy; provides easy access to jobs and services; and creates compact, mixed-use, walkable communities. The initiative supports the Ladders of Opportunity Initiative of the President and the Secretary of Transportation.

“Our TOD initiative will help community leaders think about how investment in transit can bring prosperity into low- and moderate-income communities,” said U.S. Transportation Secretary Anthony Foxx. “We’ve seen how investment in transit can lead to new housing stock, new jobs and new economic opportunities in areas that badly need them. To achieve results, we are offering to help local leaders create sound, equitable community-sensitive development plans.”

The National Public Transportation Transit-Oriented Development Technical Assistance Initiative focuses on supporting communities across the country. FTA has engaged Smart Growth America (SGA) to run the technical assistance and provide a variety of planning and analysis tools. Along with developing best practices and profiles of communities that have successfully implemented TOD, SGA will work on site with leaders in several communities to offer in-depth technical assistance tailored to local needs. The free technical assistance, which will be offered through a competitive process, will include planning for and managing economic development near transit through effective zoning and land use as well as expert advice on preserving affordable housing and securing advantageous commercial development, among other challenges.

“Transit-oriented development is critical to both the success of new transit projects and to the economy of the local communities they serve,” said FTA Acting Administrator Therese McMillan. “What’s particularly great about TOD is that it encourages people to use transit to reach jobs, education, medical care, housing and the other vital services they need. Our TOD initiative will help communities that are less experienced in the latest development tools and real estate market strategies to create stronger neighborhoods.”

The City of Richmond, one of seven cities chosen last spring to be part of DOT’s LadderSTEP initiative that focuses on revitalization as part of future transportation projects, will be among the first communities to receive TOD technical assistance along its planned 7.6-mile bus rapid transit line. Richmond’s Pulse BRT project received a $24.9 million Transportation Investment Generating Economic Recovery (TIGER) grant in 2014.

Community leaders can apply for technical assistance at the project’s website. The site also will assemble the best information and tools to support TOD planning and deployment as well as create a network that will provide information on funding and training opportunities, on-demand research and analysis, and peer-to-peer meetings and mentoring on topics of shared concern. Community leaders interested in learning more about the new TOD technical assistance are invited to join SGA for a December 10 webinar.

oil-train-railPORTLAND, Maine — Maine no longer will disclose to the public any details about shipments of crude oil by rail through the state, an official said Wednesday, a move that has angered activists who say the information is critical to public safety.

The state’s Department of Environmental Protection on Wednesday declined a reporter’s request for monthly volumes of crude oil shipped by rail, citing a June law that prohibits emergency responders from disclosing certain details about rail shipments of hazardous materials through the state.

Read more from the Bangor Daily News.

A congressional conference committee yesterday completed work on a five-year surface transportation bill that would strengthen tank-car safety standards, increase funding for transit and create a rail title that authorizes funding for Amtrak and intercity passenger-rail grants.

The Fixing America’s Surface Transportation (FAST) Act (H.R. 22) would fully fund a five-year $281 billion authorization for public transportation and highway programs.

Read more from Progressive Railroading.

Railroad bridge, ClevelandCLEVELAND –- Norfolk Southern owns the Conrail vertical lift railroad bridge, which is near the river’s mouth at Lake Erie, northeast of Willow Bridge.

This operational bridge, which fell under a Corps of Engineers bridge-replacement project in the 1940s, replaced an old, bulky swing bridge. Its span is 265 feet, and it stretches 98 feet above the Cuyahoga River. It remains a main rail-traffic thoroughfare.

Read more from Cleveland.com.

FMCSAWASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The Rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.

“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said U.S. Transportation Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.” 

The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations, and penalties that may be imposed on entities found to have coerced drivers. 

“Any time a motor carrier, shipper, receiver, freight-forwarder, or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator Scott Darling. “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.” 

In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.

Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving, commercial driver’s license (CDL) requirements, drug and alcohol testing, the transportation of hazardous materials, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.  

Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted. The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions. STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.

In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to strengthen the coordination and cooperation between the agencies regarding the anti-retaliation provision of the STAA. The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other. 

For more information on what constitutes coercion and how to submit a complaint to FMCSA, see: www.fmcsa.dot.gov/safety/coercion. Please note: the Final Rule takes effect 60 days following its publication in the Federal Register.

This rulemaking was authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.  

For a copy of today’s Federal Register announcement, see: www.federalregister.gov/articles/2015/11/30/2015-30237/prohibiting-coercion-of-commercial-motor-vehicle-drivers.

* * *

The public, commercial drivers, motor carriers, and other industry members may file a safety, service, or discrimination complaint against a household goods moving company, bus, or truck company, including hazardous materials hauler or a cargo tank facility, by calling toll free 1-888-DOT-SAFT (1-888-368-7238) from 9:00 a.m. to 7:00 p.m., Monday through Friday, Eastern Time. Complaints may also be submitted through FMCSA’s National Consumer Complaint website at: http://nccdb.fmcsa.dot.gov.

FMCSA was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. Its primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. For more information on FMCSA’s safety programs and activities, visit: http://www.fmcsa.dot.gov.

OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes protecting employees who report violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, motor vehicle safety, health care reform, corporate securities, food safety, and consumer financial reform regulations. Additional information 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.

Railroad has tentatively agreed to pay $71,700 for faililng to timely report leaks of crude oil along the state’s railway system

BNSF_loco_K.D.McLaughlinOLYMPIA, Wash. — BNSF Railway has agreed to pay $71,700 for failing to timely report crude oil leaks and other hazardous material spills along the state’s railway under a proposed settlement agreement.

Read more from The Seattle Times.

As you prepare to head to the grocery store to pick up your Thanksgiving dinner ingredients, double check your shopping list to make sure your Turkey Day fixin’s are all union made in America.

Appetizers
  • Del Monte Blue Diamond Almonds—BCTGM
  • Kraft/Nabisco crackers—BCTGM
Turkey 
  • Boar’s Head—UFCWthanksgiving turkey
  • Butterball—UFCW
  • Foster Poultry Farms—UFCW
  • Thumann’s—UFCW
Cookware/Cutlery
  • Cutco knife—USW
  • All-Clad cookware—USW
Side Dishes
  • Ocean Spray Whole Berry Cranberry Sauce—IAM
  • Birds Eye vegetables—UFCW
  • Betty Crocker Specialty Potatoes—BCTGM 
Bread 
  • Pillsbury crescent rolls, frozen and bake rolls/breads—BCTGM
  • Pillsbury pie crusts—BCTGM
  • Stroehmann bakery products (for stuffing)—BCTGM
Dessert
  • Sara Lee pumpkin, apple pie—BCTGM
  • Mother’s Kitchen pies and cakes—BCTGM
  • Nabisco cookies—BCTGM
Other
  • Kellogg’s Corn Flakes (to top those sweet potato casseroles)—BCTGM 
  • Quaker Oats (for apple crisp)—BCTGM
  • What are some of your favorite union-made Thanksgiving ingredients? Log in and comment below. 

Search for more union-made food from Labor 411

oil-train-railSinking lease rates, weak crude prices and tough new safety measures for transporting oil by rail have spurred a resurgence in hauling ethanol on the U.S. rail network, as some train companies convert tank cars to carry more corn-based biofuels.

The trend emerged in the past six months and marks a shift in a years-long boom in transporting crude-by-rail after rail companies, such as Greenbrier and GATX, rushed to increase tank car capacity as the U.S. shale revolution took off five years ago.

Read more from Business News Network.

ns_LogoU.S. railroad operator Norfolk Southern Corp all but rejected a $28.4 billion acquisition offer by Canadian Pacific Railway Ltd on Tuesday, calling it “low-premium” and warning it would face significant regulatory hurdles.

While Norfolk Southern said it would carefully evaluate the offer, its sour response represents a setback to Canadian Pacific as well as its largest shareholder, William Ackman’s activist hedge fund Pershing Square Capital Management LP.

Read more from Reuters.