International Association of Sheet Metal, Air, Rail and Transportation Workers Long Island Rail Road General Chairperson Anthony Simon has issued the following statement on the deteriorating labor situation at the commuter railroad:
“I regret to report that negotiations have collapsed with New York Metropolitan Transportation Authority and all eight unions are now proceeding with strike plans for July 20.
“MTA rejected the counter offer we presented last Thursday (July 10). It presented no counter proposal. It continues to insist that the unions agree to a contract worth less than the value of the compromise recommendations of two Presidential Emergency Boards 244 and 245.
“MTA has clearly decided that provoking a strike is the course of action it intends to pursue. No further negotiations are scheduled.
“The strike will begin at 12:01 a.m. this Sunday (July 20). Riders should be aware that service will begin winding down well before then, perhaps as early as Wednesday (July 16), as the railroad needs to secure its equipment.
“The strike will be limited to Long Island Rail Road. It will not affect Amtrak, New Jersey Transit, Metro-North Railroad or PATH rail operations. Joint entrances will not be picketed.
Make no mistake about it. The timing of this strike, with its devastating impact on Long Island’s summer season, is MTA’s decision. The unions repeated our offer to agree to the requests of the New York Congressional delegation, area residents and businesses to delay the strike until September. MTA would not agree.
“The onus of this deadlock is solely on MTA. Two boards of renowned and experienced arbitrators have recommended a fair compromise settlement. We are willing to accept the recommendations. MTA is not. MTA admitted to us that they know that historically, the PEB recommendations are the basis for settlement. They told us they understand that the only way they can break this historical precedent is to take a strike. That is the course that they have chosen.”
Anthony Simon, SMART LIRR GO 505 General Chairperson and Union Coalition spokesperson
Author: matrixsuperadmin
Judge Peter Economus of the U.S. District Court for the Southern District of Ohio ruled Wednesday, June 11 in favor of a motion for summary judgment to permanently maintain the final three days of early voting.
“In-person early voting is restored on the three days immediately preceding all future election days for all eligible voters. Secretary of State Jon Husted shall be responsible for setting business hours for such voting to preserve the right of all Ohio voters to cast his or her vote with said hours to be uniform throughout the state and suitable to the needs of the particular election in question,” Economus said in the decision.
Earlier this year, Husted issued a directive setting uniform statewide early voting hours for the 2014 election that didn’t include any Sundays or the Monday before Election Day.
The court’s action follows a previous decision that restored early voting hours leading up to the 2012 election.
Secretary Husted said he would comply with the court’s ruling and hailed it as a vindication of his effort to impose uniform voting procedures statewide.
“I am pleased that the federal court has affirmed what I have long advocated – that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day,” Husted said.
Secretary Husted had urged the legislature to pass a law setting uniform early voting hours statewide but got little interest from his Republican colleagues.
“This ruling shows how important these last three days are to ensure equal access to the ballot, and the hours set by Secretary Husted should reflect that,” Ohio Democratic Party Chairman Chris Redfern said in a statement.
Democratic National Committee Chair Debbie Wasserman Schultz said 96,000 Ohioans cast their ballots during the final three days of early voting in the 2012 presidential election.
“This November and beyond, thousands more will be able to join them,” Schultz said.
The court case stems from a series of legislative actions last session when Republicans passed a far-ranging elections measure that reduced the early in-person voting period.
The railroad industry is warning the White House against some potential safety rules for trains carrying explosive crude oil, saying freight and passenger rail traffic could be disrupted for years if companies must obey 30 mph speed limits, install more sophisticated brakes and keep the trains manned at all times.
The arguments, contained in documents posted after a meeting this week between railroad officials and the Office of Management and Budget, also offer a preview of what steps the Obama administration may be considering in response to oil train crashes that have struck the U.S. and Canada in the past year. Those include a disastrous July 6 explosion that killed 47 people in Lac-Mégantic, Quebec, after an engineer left a train packed with North Dakota crude oil parked on a steep incline with brakes that may not have been properly set.
The Department of Transportation declined to comment on the documents. DOT submitted a draft rule proposal to OMB in April but has offered no details about what’s in it.
Read the complete story at Politico.
WASHINGTON — Congressional Republicans this week are trying to drive another spike, or two, into the heart of California’s high-speed rail program.
Daring a presidential veto, GOP lawmakers are deploying a Fiscal 2015 transportation funding bill to effectively block the federal Surface Transportation Board from issuing new permits for the California project.
Hammering home the point, House Republicans on Tuesday approved an amendment by Rep. Jeff Denham, R-Calif., that blocks any money from the $52 billion bill from going to California high-speed rail.
Read the complete story from Miami Herald.
BULLS GAP, Tenn. (WVLT) — “See tracks? Think train!” That’s the name of a new nation-wide safety campaign. Norfolk Southern and other railroads have teamed up with the non-profit, Operation Lifesaver.
The group’s safety train is making its way to 9 cities in Tennessee and Virginia. It’s all part of a 5 day, 364 mile trip to raise awareness about being alert and staying safe around railroad tracks.
From Cleveland, Tennessee to Lynchburg, Virginia — the train has one goal.
Read the whole story at Local8now.com.
United Food and Commercial Workers (UFCW) Local 1473 has announced that a 100 percent union grocer, Metro Markets, opened in Madison, Wisconsin Tuesday, June 10.
In celebration and support, the union has asked that union households show their support for the new store by wearing their union attire to the store Saturday, June 14. Union members and their households are asked to please thank the workers and management for giving the Madison area a 100 percent union option.
UFCW representative Chad Whiteside will be present at the store on Saturday from 8:30 a.m. until 10:00 a.m. to welcome anyone who wishes to show support for the store and union. If unable to attend during that timeframe, members are still asked to show up anytime on Saturday wearing their union attire.
Metro Markets is located at 6010 Cottage Grove Rd., Madison, Wis.
SEPTA moved Monday to impose management’s terms in a long-running labor dispute with Regional Rail workers, which union leaders said could prompt a strike that would halt all commuter rail service at 12:01 a.m. Saturday.
SEPTA’s goal apparently is to risk a strike now, when ridership is lower, than next winter, when more commuters and students rely on the system. Regional Rail trains carry about 126,000 riders a day.
“We need to get an agreement now,” SEPTA general manager Joseph Casey said Monday. “Seven thousand other SEPTA employees have already accepted this wage package, but these 400 are holding out.”
SEPTA chief labor relations officer Stephanie K. Deiger on Monday alerted union leaders that SEPTA had sent letters on Friday to Regional Rail engineers and electrical workers, describing its intent to give them raises proposed by SEPTA effective next Sunday.
Read the whole story at Philly.com.
If you find yourself in need of a doctor, and you don’t know if one practices near you, or if they participate in Medicare, and you have internet access, you can use the ‘Physician Compare’ tool at www.Medicare.gov.
Physician Compare is a website maintained by the Centers for Medicare and Medicaid Services (CMS), and it houses a wealth of information, including physicians’:
- Names
- Specialties
- Gender
- Addresses and phone numbers
- Hospital affiliations
- Medicare assignment status
- Language spoken
If you don’t know what kind of doctor you need, you can use an advanced search and pick the part of your body that you would like a doctor to examine. The search tool asks more questions and leads you to a listing of doctors in your area who would be a good fit for you.
The website also provides you with maps and driving directions. If you have a MyMedicare.gov account you can save the search results in ‘your favorites’ (at www.MyMedicare.gov).
If you are looking for a practice/group of doctors by specialty, Physician Compare can find these for you, as well.
If you do not have access to the Internet, you can either call 1-800-MEDICARE or our Beneficiary Contact Center, and Customer Service Staff can do the search with you on the telephone. You can reach our toll-free Beneficiary Customer Service Line at 800-833-4455, Monday through Friday, from 8:30 a.m. to 7 p.m. ET. For the hearing impaired, call TTY/TDD at 877-566-3572. This line is for the hearing impaired with the appropriate dial-up service and is available during the same hours Customer Service Representatives are available.
We encourage you to visit our Facebook page at https://www.facebook.com/myrrmedicare. We also invite you to join our listserv/e-mail updates. Just select the ‘E-Mail Updates’ in the ‘Stay Connected’ section on the lower left-hand side of our main webpage at www.PalmettoGBA.com/RR/Me.
Persons claiming retirement, disability, survivor, unemployment or sickness benefits from the Railroad Retirement Board (RRB) have the right to appeal unfavorable determinations on their claims. The following questions and answers describe the appeals process for persons whose claims under the Railroad Retirement Act or Railroad Unemployment Insurance Act are denied, or who are dissatisfied with decisions on their claims.
1. How does a person initiate a review of an unfavorable decision on a claim and what are the time limits?
For all claims under the Railroad Retirement and Railroad Unemployment Insurance Acts there is a three-stage review and appeals process within the RRB.
An individual dissatisfied with the initial decision on his or her claim may first request reconsideration from the RRB unit which issued that decision. An individual has 60 days from the date on which notice of the initial decision is mailed to the claimant to file a written request for reconsideration. This step is mandatory before an appeal may be filed with the RRB’s Bureau of Hearings and Appeals.
In cases involving overpayments, an individual has the right to request waiver of recovery and also a personal conference. In order for recovery of the overpayment to be deferred while a waiver request is pending, the waiver request must be in writing and filed within 60 days from the date on which notice of the overpayment was mailed to the beneficiary. A request for waiver received after 60 days will be considered but will not defer collection of the overpayment, and any amount of the overpayment recovered prior to the date on which the waiver request is filed will not be subject to waiver.
2. What are the second and third stages of the appeals process and their time limits?
If dissatisfied with the reconsideration or waiver decision on a retirement, disability, survivor, unemployment or sickness claim, a person may appeal to the RRB’s Bureau of Hearings and Appeals, which is independent of those units responsible for initial and reconsideration decisions. An appellant has 60 days from the date on which notice of the reconsideration or waiver decision notice is mailed to the claimant to file this appeal. This appeal must be filed using RRB Form HA-1, which may be obtained from the RRB’s field offices or the agency’s website, www.rrb.gov. The Bureau of Hearings and Appeals may, if necessary, further investigate the case and obtain reports through the RRB’s field representatives, designated medical examiners, and others who may be in a position to furnish information pertinent to the appellant’s claim. If the appeal involves questions of fact, the appellant has the right to an oral hearing before a hearings officer. In cases where an in-person hearing is held, it may be conducted in the RRB office closest to the appellant’s home. In some cases, video conferencing or phone hearings are held.
If not satisfied with the Bureau of Hearings and Appeals’ decision, an appellant may further appeal to the three-member Board, which heads the agency, within 60 days from the date on which notice of the Bureau of Hearings and Appeals’ decision is mailed to the appellant. The three-member Board ordinarily will not accept additional evidence or conduct a hearing.
3. What are the criteria applied to requests for waivers of retirement, disability, or survivor benefit overpayments, and unemployment or sickness benefit overpayments?
A person’s obligation to repay any erroneous benefit payments may be waived only if the following conditions are met:
(1) The person was not at fault in causing the overpayment; and (2) recovery of the overpayment would cause financial hardship to the extent that he or she would not be able to meet ordinary and necessary living expenses, or recovery would be against equity or good conscience. “Against equity or good conscience” is defined in the regulations of the RRB as meaning that the claimant has, by reliance on the payments made to him or her, or on notice that payment would be made, relinquished a significant and valuable right or changed his or her position to his or her substantial detriment.
In cases involving unemployment or sickness benefits, there is an additional requirement that the overpayment must be more than 10 times the current maximum daily benefit rate.
Persons requesting waiver may be asked to complete a financial statement on a form provided by the RRB.
4. What happens if a person’s appeal is not filed within the prescribed time limit?
Failure to request reconsideration or to file an appeal within the allocated time period will result in forfeiture of further appeal rights, unless there is good cause for the delay. Some examples of good cause include: serious illness; a death or serious illness in the appellant’s immediate family; destruction of important or relevant records; failure to be notified of a decision; an unusual or unavoidable circumstance which demonstrated that the appellant could not have known of the need for timely filing or which prevented the appellant from filing in a timely manner; or the claimant thought that his or her representative had requested reconsideration or appeal. If good cause is not established, further appeal is forfeited, except that the appellant may contest the determination that the request for reconsideration or appeal was not filed timely.
5. Are there avenues of appeal beyond the RRB?
Appellants dissatisfied with the three-member Board’s final decision may then file a petition with the appropriate U.S. Court of Appeals to review the Board’s decision. In cases involving retirement, disability or survivor claims, the petition for review must be filed within one year after notice of the three-member Board’s decision has been mailed to the appellant. In cases involving claims for unemployment or sickness benefits, the petition for review must be filed within 90 days of the Board’s decision notice.
6. Can employers contest the claims of their employees for unemployment and sickness benefits?
When an employer is a party to the claim for benefits, that employer may protest the payment of benefits, but such protests do not prevent the timely payment of benefits. However, an employee may be required to repay benefits if his or her employer’s protest is ultimately successful. The employer also has the right to appeal an unfavorable decision to the RRB’s Bureau of Hearings and Appeals.
7. Where can a person obtain retirement, disability, survivor, unemployment or sickness benefit appeals forms and assistance in completing the forms?
Requests for reconsideration of an initial decision must be in writing, but do not have to be on any specific form. The appropriate form for waiver of recovery of a benefit overpayment is ordinarily enclosed with the overpayment notice. As stated earlier, RRB Form HA-1, which must be used to appeal to the Bureau of Hearings and Appeals and the three-member Board, is available from the RRB’s Bureau of Hearings and Appeals, 844 North Rush Street, Chicago, Illinois 60611-2092, or online at www.rrb.gov. This form can also be obtained from any RRB field office, as can assistance in filing a request for review at each of the administrative levels.
Persons wishing to contact an RRB field office can call the RRB’s toll-free phone number at 1-877-772-5772. Claimants can also find the address of the RRB office serving their area by calling this toll-free number. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday
, except on Federal holidays. Field office locations can also be found by visiting www.rrb.gov.
CHICAGO (WLS) — A federal investigation into Metra’s operations has begun following three separate complaints that have raised red flags about safety.
Those three incidents happened within days of each other, one of them occurring a little bit south of the 35th Street station. The train was apparently speeding.
It happened last Monday morning on an inbound Rock Island train.
“Everyone screamed on the train when it was going so fast. It leaned and scared everyone,” said Metra rider Pat Boskey.
Read the complete story at ABC7 Eyewitness News.