Website Xconomy.com is reporting that BNSF Railway will begin using aerial drones equipped with cameras to “conduct regular inspections of railway infrastructure and rights of way.”
According to the Federal Aviation Administration website, any operation that does not meet the statutory criteria for a public aircraft operation is considered a civil aircraft operation and must be conducted in accordance with all FAA regulations applicable to the operation.
A recent report in the St. Cloud Times says BNSF received an exemption to operate unmanned aerial vehicles for “evaluation and analysis of railroad infrastructure and operations.”
The Minnesota Senate Committee on Transportation and Public Safety and the Senate Committee on Judiciary have approved legislation requiring two qualified train-crew personnel on all trains in the state with bipartisan support.
Senate File 918 is now before the full Minnesota Senate.
“The policy language is very narrow to assure that we can prevail under any test of federal pre-emption from the carriers,” said SMART Transportation Division Minnesota State Legislative Director Phillip Qualy. “We are emphasizing public safety as we must because that is what this is about. We have set forth that Amtrak and passenger rail operations are included under this legislation.”
“In event any train should run with one person, the second and subsequent fine is for $1,000 for each train.”
In his testimony before the Committee on Judiciary March 19, Qualy said, “Railroads have two persons on all trains. Our S.F. 918 poses no undue burden on commerce. Regarding grade crossing emergency response, for the railroad workers of Minnesota, I submit that we simply cannot leave injured persons lying unattended in the ditches of Minnesota.” Read Qualy’s complete testimony here.
Unfortunately, Qualy said, the Republican-controlled House of Representatives has so far refused to hear companion legislation House File 1166, to date.
“We are sending a letter of appeal to the Republican leadership with the amended Senate language that originated from bipartisan Senate recommendations,” he said.
“We’ve had a good week thus far, but we are far, far away from passing this state legislation into law. The Minnesota Legislative Board thanks all of our members who attended the hearings this week. We also want to thank our good friend, Mr. Larry Mann, who assisted the board and testified in support of this important legislation.”
“The board thanks Minnesota Assistant State Legislative Director Nicholas Katich (1067), Designated Legal Counsel Cortney LeNeave and Ron Barzcak, Minnesota AFL-CIO Legislative Director Jennifer Schaubach, and most importantly, State Sen. Ann Rest (DFL-Dist. 45), who authored and sponsored this legislation.
WASHINGTON – Last week, U.S. Sen. Al Franken asked the Federal Railroad Administration to consider rerouting trains carrying volatile Bakken crude oil from North Dakota so they do not pass through Minnesota’s biggest cities.
For Franken, the possibility of rerouting is an integral part of a comprehensive response to a recent rash of fiery oil train derailments that also includes stabilizing Bakken crude before it is loaded into stronger tanker cars.
By John Previsich, SMART Transportation Division President –
Today, people who work in a unionized environment are facing challenges unlike any that have come before. The current political climate is fostering attacks not only on organized labor, but also on the rights and entitlements of workers in every industry.
From “right to work for less” bills being introduced all over the country to continual attacks on retirement and health care benefits, today’s workers are more in need of strong and effective representation than ever before. Your union is a leader in advocating on behalf of its members in every forum – from our regulatory and legislative efforts in Washington, D.C., and the state houses, to the day-to-day representation of our members at the local level – no union does a better job of representing the interests of its members.
However, the current political climate makes it much more challenging to achieve the successful outcomes that our members deserve. Budget squabbles and funding decisions made by elected officials affect each and every one of our members every day. Who gets elected really does matter and it is critically important that our members consider carefully their choice of candidate when they cast their votes.
Candidates for public office who support issues important to unionized labor deserve our votes. Those who will vote against our interests do not. Your union is developing new communication tools that will keep our members informed about which candidates deserve our support.
A key component of good representation and good citizenship is education and training. In the centerfold of this publication, you will find information on the 2015 SMART Transportation Division Regional Meetings. The focus of this year’s meetings is education, training and what it means to be a union member.
With no meetings held in 2014 because of our need to have two conventions, that hiatus provided an opportunity to renew and invigorate the regional meeting format for 2015 and beyond.
New offerings include workshops on the rights and responsibilities of all local officers, from the local president to the trustees, and comprehensive training for local chairpersons and local legislative representatives.
If you currently hold any local office or believe that you may want to run for election in the future, these workshops are designed to tell you everything that you need to know to be an effective representative of your fellow members. These workshops are not restricted to officers – they are designed to be informative for all members who have an interest in how business is properly done at the local level.
Also new to the meeting agenda are enhanced workshops for our bus members designed to address issues of interest to members in the bus industry.
In addition, there will be an array of workshops with representatives from the Federal Railroad Administration, the Railroad Retirement Board and others to provide updates on numerous issues including federal certification, positive train control, the Rail Safety Advisory Committee, Confidential Close Call Reporting (C3RS), retirement benefits and much more. Also in attendance will be representatives from our health care providers to provide information and advice on matters of importance to you and your family.
And of course, the topic of national rail contract negotiations will be front and center, with the latest information and updates presented during the meetings. Your national negotiating committee will be in attendance at both meetings and this is your opportunity to talk in person with those who are directly involved in negotiating your contract.
Your union – your future. The strength of our organization begins with each and every member and our future depends on a membership that is motivated and trained to advance the union message. I am confident that our enhanced regional meeting agenda will prove valuable to all who are able to attend.
ATLANTA – The House Natural Resources Committee voted without opposition Thursday to a resolution urging the federal Environmental Protection Division to make its Clean Power Plan less stringent for Georgia.
Business and labor groups warned the plan would result in higher electricity rates and fewer jobs while environmental groups said compliance would trigger creation of different jobs and improve air quality.
OLYMPIA, Wash. – Washington state rail safety regulators March 19 recommended BNSF Railway Company be penalized for failing to timely report multiple hazardous material spills along state railways.
The Utilities and Transportation Commission (UTC) issued the formal complaint following a staff investigation into BNSF’s failure to report 14 releases of various hazardous materials, including crude oil, to the state within the required time period.
State rail safety rules require railroads to make a telephone report of the release of a hazardous material within 30 minutes of learning of the incident to the Washington State Emergency Operations Center’s (EOC) 24-hour duty officer.
The commission staff investigation found that between Nov. 1, 2014, and Feb. 24, 2015, BNSF committed 700 violations of this reporting requirement. Under state law, each day the company fails to report an incident constitutes a separate and distinct violation. The commission has the authority to impose penalties of up to $1,000 per violation, per day of state law or rule.
When a company fails to notify the EOC that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment. There could also be a delay in response and containment resources necessary to clean up hazardous material spills.
The violations were recorded as a result of the following incidents:
Nov. 5, 2014, Blaine – BP Cherry Point facility – crude oil spillage on tank
Nov. 17, 2014, Pasco – Pasco grain yard – 18-inch streak of diesel fuel on tank car
Dec. 8, 2014, Spokane Valley – BNSF Trentwood Station – tank car dripping gas/oil from bottom valve
Dec. 9, 2014, Seattle – Balmer Railyard/Interbay – shipment of hazardous solid waste reported leaking liquid identified as primary sludge
Dec. 9, 2014, Everett – BNSF Everett/Delta yard – two instances of shipments of hazardous solid waste reported leaking liquid
Dec. 9, 2014, Vancouver, BNSF Vancouver yard – shipment of hazardous solid waste reported leaking liquid identified as primary sludge
Dec. 10, 2014, Everett BNSF Everett/Delta yard – shipment of hazardous solid waste reported leaking liquid identified as primary sludge
Dec. 13, 2014, Quincy – Columbia subdivision – locomotive fire released 100 gallons of lube oil onto tracks
Jan. 12, 2015, Vancouver – BNSF Vancouver yard – seven tank cars found leaking crude oil
Jan. 13, 2015, Auburn – BNSF Auburn yard – six tank cars found leaking crude oil
Jan. 25, 2015, Seattle – BNSF Interbay yard – one BNSF locomotive mechanical problem spilled 100 gallons of lube oil
Feb. 12, 2015, Seattle – South Seattle storage facility – UTC inspector found crude oil leaking down the side of a tank car
In October 2014, commission staff sent BNSF a copy of the reporting requirements, and provided the company technical assistance to ensure that BNSF was providing proper notification to the commission regarding hazardous material incidents.
Staff also sent a letter to the regulated railroad industry on Feb. 4, 2015, emphasizing the requirement to provide reports and telephone the EOC within 30 minutes of learning of an event involving fatalities or injuries, the release of hazardous materials, or property damage greater than $50,000.
The companies were informed that failure to provide the required reports is a violation of commission rules and that staff may recommend enforcement action or monetary penalties for companies that fail to report incidents as required.
The company has an opportunity to request a hearing to respond to the allegations.
A SMART Transportation Division member was seriously injured and a BLET engineer was killed when a taxi hired by Union Pacific Railroad to transport the men rolled off the side of a freeway near the Interstate 680/Interstate 80 interchange, according to the California Highway Patrol.
The accident happened just after 1 a.m. this morning (March 17) in Fairfield, Calif.
Scott Moffitt, 51, who was seated in the left rear seat, was injured and engineer Alexander Sassman, 51, who was seated in the right rear seat, was killed. The taxi driver was also injured. Moffitt and the driver were taken to NorthBay Medical Center in Fairfield.
Moffitt is a member of Transportation Division Local 1570 at Roseville, Calif.
The taxi was transporting the two UP employees from San Jose to Roseville.
Union Pacific Railroad has applied for permission to haul liquefied natural gas, which would add another combustible cargo to a U.S. rail network already being criticized for transporting ethanol and crude oil through populated areas.
The Omaha-based railroad said the application for a permit from the Federal Railroad Administration is in response to a request for liquefied natural gas transportation from an existing customer. Union Pacific operates 32,000 miles of track in the western United States, which is home to many natural gas production and storage installations.
Employers and employees covered by the Railroad Retirement Act pay higher retirement taxes than those covered by the Social Security Act, so that railroad retirement benefits remain higher than Social Security benefits, especially for “career” employees who have 30 or more years of service.
The following questions and answers show the differences in railroad retirement and Social Security benefits payable at the close of the fiscal year ending Sept. 30, 2014. They also show the differences in age requirements and payroll taxes under the two systems.
1. How do the average monthly railroad retirement and Social Security benefits paid to retired employees and spouses compare?
The average age annuity being paid by the Railroad Retirement Board (RRB) at the end of fiscal year 2014 to career rail employees was $3,180 a month, and for all retired rail employees the average was $2,535. The average age retirement benefit being paid under Social Security was nearly $1,305 a month. Spouse benefits averaged $945 a month under railroad retirement compared to $635 under Social Security.
The Railroad Retirement Act also provides supplemental railroad retirement annuities of between $23 and $43 a month, which are payable to employees who retire directly from the rail industry with 25 or more years of service.
2. Are the benefits awarded to recent retirees generally greater than the benefits payable to those who retired years ago?
Yes, because recent awards are based on higher average earnings. Age annuities awarded to career railroad employees retiring at the end of fiscal year 2014 averaged about $3,710 a month while monthly benefits awarded to workers retiring at full retirement age under Social Security averaged nearly $1,815. If spouse benefits are added, the combined benefits for the employee and spouse would total $5,135 under railroad retirement coverage, compared to $2,720 under Social Security. Adding a supplemental annuity to the railroad family’s benefit increases average total benefits for current career rail retirees to nearly $5,170 a month.
3. How much are the disability benefits currently awarded?
Disabled railroad workers retiring directly from the railroad industry at the end of fiscal year 2014 were awarded almost $2,870 a month on the average while awards for disabled workers under Social Security averaged over $1,235.
While both the Railroad Retirement and Social Security Acts provide benefits to workers who are totally disabled for any regular work, the Railroad Retirement Act also provides disability benefits specifically for employees who are disabled for work in their regular railroad occupation. Employees may be eligible for such an occupational disability annuity at age 60 with 10 years of service, or at any age with 20 years of service.
4. Can railroaders receive benefits at earlier ages than workers under Social Security?
Railroad employees with 30 or more years of creditable service are eligible for regular annuities based on age and service the first full month they are age 60, and rail employees with less than 30 years of creditable service are eligible for regular annuities based on age and service the first full month they are age 62.
No early retirement reduction applies if a rail employee retires at age 60 or older with 30 years of service and his or her retirement is after 2001, or if the employee retired before 2002 at age 62 or older with 30 years of service.
Early retirement reductions are otherwise applied to annuities awarded before full retirement age, the age at which an employee can receive full benefits with no reduction for early retirement. This ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later, the same as under Social Security.
Under Social Security, a worker cannot begin receiving retirement benefits based on age until age 62, regardless of how long he or she worked, and Social Security retirement benefits are reduced for retirement prior to full retirement age regardless of years of coverage.
5. Does Social Security offer any benefits that are not available under railroad retirement?
Social Security does pay certain types of benefits that are not available under railroad retirement. For example, Social Security provides children’s benefits when an employee is disabled, retired or deceased. Under current law, the Railroad Retirement Act only provides children’s benefits if the employee is deceased.
However, the Railroad Retirement Act includes a special minimum guaranty provision that ensures that railroad families will not receive less in monthly benefits than they would have if railroad earnings were covered by Social Security rather than railroad retirement laws. This guaranty is intended to cover situations in which one or more members of a family would otherwise be eligible for a type of Social Security benefit that is not provided under the Railroad Retirement Act. Therefore, if a retired rail employee has children who would otherwise be eligible for a benefit under Social Security, the employee’s annuity can be increased to reflect what Social Security would pay the family.
6. How much are monthly benefits for survivors under railroad retirement and Social Security?
Survivor benefits are generally higher if payable by the RRB rather than Social Security. At the end of fiscal year 2014, the average annuity being paid to all aged and disabled widow(er)s was $1,515 a month, compared to $1,220 under Social Security.
Benefits awarded by the RRB at the end of fiscal year 2014 to aged and disabled widow(er)s of railroaders averaged more than $1,990 a month, compared to almost $1,170 under Social Security .
The annuities being paid at the end of fiscal year 2014 to widowed mothers/fathers averaged $1,800 a month and children’s annuities averaged $1,025, compared to $920 and $815 a month for widowed mothers/fathers and children, respectively, under Social Security.
Those awarded at the end of fiscal year 2014 averaged $1,925 a month for widowed mothers/fathers and $1,425 a month for children under railroad retirement, compared to $885 and $805 for widowed mothers/fathers and children, respectively, under Social Security.
7. How do railroad retirement and Social Security lump-sum death benefit provisions differ?
Both the railroad retirement and Social Security systems provide a lump-sum death benefit. The railroad retirement lump-sum benefit is generally payable only if survivor annuities are not immediately due upon an employee’s death. The Social Security lump-sum benefit may be payable regardless of whether monthly benefits are also due. Both railroad retirement and Social Security provide a lump-sum benefit of $255. However, if a railroad employee completed 10 years of creditable railroad service before 1975, the average railroad retirement lump-sum benefit payable is $1,005. Also, if an employee had less than 10 years of service, but had at least 5 years of such service after 1995, he or she would have to have had an insured status under Social Security law (counting both railroad retirement and Social Security credits) in order for the $255 lump-sum benefit to be payable.
The Social Security lump sum is generally only payable to the widow(er) living with the employee at the time of death. Under railroad retirement, if the employee had 10 years of service before 1975, and was not survived by a living-with widow(er), the lump sum may be paid to the funeral home or the payer of the funeral expenses.
8. How do railroad retirement and Social Security payroll taxes c ompare?
Railroad retirement payroll taxes, like railroad retirement benefits, are calculated on a two-tier basis. Rail employees and employers pay Tier I taxes at the same rate as Social Security taxes, 7.65 percent, consisting of 6.20 percent for retirement on earnings up to $118,500 in 2015, and 1.45 percent for Medicare hospital insurance on all earnings. An additional 0.9 percent in Medicare taxes (2.35 percent in total) will be withheld from employees on earnings above $200,000.
In addition, rail employees and employers both pay Tier II taxes which are used to finance railroad retirement benefit payments over and above Social Security levels.
In 2015, the Tier II tax rate on earnings up to $88,200 is 4.9 percent for employees and 13.1 percent for employers.
9. How much are regular railroad retirement taxes for an employee earning $118,500 in 2015 compared to Social Security taxes?
The maximum amount of regular railroad retirement taxes that an employee earning $118,500 can pay in 2015 is $13,387.05, compared to $9,065.25 under Social Security. For railroad employers, the maximum annual regular retirement taxes on an employee earning $118,500 are $20,619.45, compared to $9,065.25 under Social Security. Employees earning over $118,500, and their employers, will pay more in retirement taxes than the above amounts because the Medicare hospital insurance tax is applied to all earnings.
A SMART Transportation Division member working as a conductor for Canadian National Railway (Illinois Central) was crushed by a rail car in a switching accident March 15.
William C. Moses, 42, a 10-year member of the Transportation Division, was seriously injured in the accident that occurred about 3:30 p.m. in Fulton, Kentucky. He is a member of SMART Transportation Local 339 at Jackson, Tenn.
Moses was airlifted to Vanderbilt University Medical Center in Nashville where he remains in critical condition. He is married and has two children, ages 15 and 5.
Website Xconomy.com is reporting that BNSF Railway will begin using aerial drones equipped with cameras to “conduct regular inspections of railway infrastructure and rights of way.”
WASHINGTON – Last week, U.S. Sen. Al Franken asked the Federal Railroad Administration to consider rerouting trains carrying volatile Bakken crude oil from North Dakota so they do not pass through Minnesota’s biggest cities.
OLYMPIA, Wash. – Washington state rail safety regulators March 19 recommended BNSF Railway Company be penalized for failing to timely report multiple hazardous material spills along state railways.
Union Pacific Railroad has applied for permission to haul liquefied natural gas, which would add another combustible cargo to a U.S. rail network already being criticized for transporting ethanol and crude oil through populated areas.
Employers and employees covered by the Railroad Retirement Act pay higher retirement taxes than those covered by the Social Security Act, so that railroad retirement benefits remain higher than Social Security benefits, especially for “career” employees who have 30 or more years of service.
A SMART Transportation Division member working as a conductor for Canadian National Railway (Illinois Central) was crushed by a rail car in a switching accident March 15.