WINTHROP, Minn. – Jim Brandt’s steel-toed boots treaded nimbly across the railroad ties as he scanned the track around him for loose bolts, unfastened clips, gaping switches — anything that could prove dangerous for massive trains.

Everything looked good, he confirmed with a quick nod; time to move on. The rest of the state’s 4,500 miles of rail awaited.

About 150 trains a day rattle throughout Minnesota, the eighth-largest rail network in the country. The mild-mannered Brandt is the only state inspector overseeing those tracks for safety.

Read more at the StarTribune.

whitehouselogoWASHINGTON – President Barack Obama, March 20, signed an executive order creating a second Presidential Emergency Board to help resolve an ongoing dispute between the Long Island Rail Road and some of its unionized employees.
The appointment of a second PEB means that a strike by members of the International Association of Sheet Metal, Air, Rail and Transportation Workers and other union employees that could have come as early as March 21 will now be put off until July at the earliest.
PEB 245 will provide a structure that allows the two sides to attempt to resolve their disagreements. In the 60 days following its establishment, the PEB will obtain final offers for settlement of the dispute from each side, and then produce a report to the president that selects the offer that the board finds to be the most reasonable.
The board’s report is not binding, but the party whose offer is not selected would be prohibited by law from receiving certain benefits if a work stoppage subsequently occurs. If the two sides fail to reach a compromise based on the recommendations of the second PEB, LIRR workers can legally strike as early as July 19.
“I am obviously disappointed that New York’s Metropolitan Transportation Authority rejected the findings of PEB 244,” said SMART Transportation Division President John Previsich. “While the board’s recommendations did not include everything our members on the LIRR were seeking, I do think they provided an equitable framework for resolving this matter without a work stoppage.”
The first PEB recommended that the LIRR pay wage increases totaling 18.4 percent over six years (2.9 percent per year) and that employees begin contributing to health insurance premium costs. After factoring in the recommended employee health insurance contributions, the board’s recommendations will produce net wage increases of 2.5 percent per year.
The recommendations were retroactive to June 2010.
“The recommendations of the first Presidential Emergency Board ignored the enormous burden that a 17 percent wage increase over six years without a single change in work rules or other cost offset would place on the MTA’s budget,” said MTA spokesman Aaron Donovan.
The members of PEB 245 are: Joshua M. Javits, appointee for chairman; Elizabeth C. Wesman, appointee for member; and M. David Vaughn, appointee for member.
“I appreciate that these dedicated individuals have agreed to devote their talent and years of experience working on labor-management disputes to help reach a swift and smooth resolution of this issue,” Obama said.
Javits is a self-employed mediator and arbitrator for labor-management, pension, commercial, contract and a variety of other disputes. He served on PEBs in 2007 and in 2009. From 1993 to 2001, Javits was a Partner at Ford & Harrison L.L.P., where he also served as Executive Director of the Labor Relations Association of Passenger Railroads. He was appointed as chairman and member of the National Mediation Board (NMB) from 1988 to 1993, where he was responsible for administering the Railway Labor Act governing labor relations in the airline and railroad industries. He was a labor-management arbitrator of record in more than 100 cases between 1985 and 1988, serving on numerous arbitration panels, including the AAA, the Federal Mediation and Conciliation Service and the NMB.
Wesman has been a full-time labor and employment arbitrator since 2000 and has practiced arbitration/mediation since 1981. She has arbitrated disputes in a wide array of industries, including railroads, aerospace, police and fire departments and public and private universities. She was previously associate professor of Strategy and Human Resources/Industrial Relations at Syracuse University from 1981 to 2000. She was also an adjunct professor at the Rochester, New York, Extension Division of Cornell University from 1990 to 2000.
Vaughn has been a full-time neutral arbitrator and mediator specializing in labor and employment disputes since 1984. He has served on three previous railroad industry PEBs. He has been handling railroad cases since 1984 and has issued hundreds of awards. His current public law board appointments include Burlington Northern Santa Fe Railway (BNSF) and United Transportation Union (UTU), CSX and the Brotherhood of Locomotive Engineers and Trainmen – Teamsters (BLET), and BNSF and Brotherhood of Maintenance of Way Employes – Teamsters (BMWET). He holds numerous umpireships and panel appointments, including Railway Labor Act panels withUnited Continental and Air Line Pilots Association, USAir and Association of Flight Attendants, and UPSA and Teamsters.

amtrak_w_shadow_150pxWASHINGTON – Amtrak invites America to celebrate the many benefits trains bring to the nation at the seventh annual National Train Day on May 10, 2014. Trains are an integral part of daily American life and connect communities, provide jobs and economic development, support local businesses and attract funds for infrastructure improvement. From big cities to small towns, coast to coast and border to border, trains matter.
In addition to events in Philadelphia, Washington, D.C., Chicago and Los Angeles, Amtrak is supporting events in many local markets across the country served by America’s Railroad. Event offerings will vary to include train equipment displays, family-friendly activities and local dignitaries.
“Trains have long been important to the growth and prosperity of our nation and today Amtrak supports our national economy and connectivity by moving America where it wants to go,” said Amtrak President and CEO Joe Boardman.
“Amtrak is America’s Railroad. Trains came first, long before the interstate and the airport,” said Mayor Todd Barton of Crawfordsville, Ind. “From a presidential candidate campaigning across the country to a young scholar leaving home for school, trains take us where we need to go. They are important and should be celebrated.”
Boardman added that rail travel is a vital transportation alternative that is cost-efficient, environmentally friendly and in high public demand. In addition, intercity passenger trains matter because they connect rural communities with major metropolitan areas and afford passengers more than 500 destinations – an option that has become increasingly important as airline and bus companies reduce service to significant regions of America.
Details on National Train Day events and information on how to host a National Train Day event are available at NationalTrainDay.com.

triple_trailerConstituents in Illinois, Missouri, Kentucky and eight congressional districts – Pa. Dist. 9, Iowa Dist. 3, Colo. Dist. 4, Kan. Dist. 1, Kan. Dist. 2, Ill. Dist. 13, Ind. Dist. 4 and Mo. Dist. 8 – overwhelmingly disapprove increasing truck weight limits from the current 80,000 pounds to 97,000 pounds. Increasing truck weights range from a low of only 13 percent in Illinois to 19 percent in Colo. Dist. 4 (eastern Colorado). The research data from 5,080 interviews conducted between March 2013 to March 2014 clearly indicate that regardless of where you live, what your political viewpoint may be, or your gender and age, there is a convergence of opinion that heavier trucks are not wanted on U.S. Highways.
View the results of this survey by DFM Research conducted on behalf of the SMART Transportation Division.

Fort Worth-based BNSF Railway plans to hire 5,000 workers this year as part of a $5 billion investment in the railroad, Carl Ice, the company’s new president and CEO, said this morning during an interview on CNBC.
Ice, who recently took over the CEO post from Matt Rose, said the new jobs will be spread across the railroad’s many functions but that the biggest number will be in train crews to serve its growing business. The company is also adding 500 locomotives and recently announced plans to purchase 5,000 next-generation tank cars to haul crude oil from fields such as the Bakken Shale.
Read the complete story at The Star-Telegram.

Twelve members of the U.S. House of Representatives have co-signed a letter to the chairman of New York City’s Metropolitan Transportation Authority urging the MTA to reach a settlement with union employees of the Long Island Rail Road and avert a possible strike by those employees this spring.
The letter to MTA Chairperson and Chief Executive Officer Thomas F. Prendergast asks the MTA to “reconsider its decision to entirely reject the recommendations from Presidential Emergency Board (PEB) 244 or call for a second Presidential Emergency Board in order to avoid a work stoppage.”
The U.S. representatives from both sides of the political aisle representing constituents who may be affected by a work stoppage on the LIRR said “the recommendations issued by PEB 244 may not have included everything that either side had hoped; however, we believe that it could serve as a model for the types of concessions that can be made to move an agreement forward.”
On Jan. 15, the MTA announced that it was rejecting a proposed series of wage increases for unionized employees on LIRR totaling 18.4 percent over six years (2.9 percent per year) and that employees begin contributing to health insurance premium costs. The board’s wage recommendations are retroactive to the first year of the contract dispute, which has been ongoing for more than three years.
The board rejected MTA’s demand that workers accept three years of net zero wage increases, followed by two, two-percent increases over five years and rejected MTA’s demand for major concessions in pensions, including a permanent five-percent employee contribution.
In its recommendations issued Dec. 22, the PEB said the wage increases were comparable to recent commuter settlements in large cities like Chicago and Boston.
“If no consensus can be reached using the findings from PEB 244, we respectfully request the MTA call for another Presidential Emergency Board as a means to bring all parties closer together to an agreement to avoid a work stoppage,” the representatives’ letter said.
“In particular, we urge the MTA to reconsider its insistence on a wage freeze or concessions to fully pay for wage increases. According to findings from PEB 244, …it simply cannot be concluded that the MTA’s current financial position is one in which it is unable to pay for wage adjustments.”
Rep. Steve Israel (D-Dist. 3) said in a statement that the PEB “has already found that a contract can be negotiated without increasing fares.”
The letter to the MTA was signed by Reps. Israel, Peter King (R-Dist. 2), Timothy Bishop (D-Dist. 1), Carolyn McCarthy (D-Dist. 4), Gregory Meeks (D-Dist. 5), Grace Meng (D-Dist. 6), Hakeem Jeffries (D-Dist. 8), Yvette Clarke (D-Dist. 9), Jerrold Nadler (D-Dist. 10), Michael Grimm (R-Dist. 11), Carolyn Maloney (D-Dist. 12) and Joseph Crowley (D-Dist. 14).
“Due to the MTA’s unwillingness to accept the recommendations of PEB 244, and without their request for a second board, our labor coalition is prepared to strike as early as March 21. While we have said time and time again that this is not what labor wants for the riders at the MTA, it will be the sole result of the MTA’s unwillingness to take the next step,” said GO 505 General Chairperson Anthony Simon.
The MTA still has not announced whether it will seek a second presidential emergency board.
To read the full letter from the U.S. representatives, click here.

Bus operators employed by Brega Transport Corp. that provide service for Transport of Rockland in Rockland County, New York, have voted for representation by the SMART Transportation Division.
Of the eligible voters who participated in the election, 46 selected SMART TD, 21 voted for no union representation and 11 for voted representation by another organization.
The vote brings 89 new members to the SMART TD’s Bus Department.
SMART TD’s Director of Organizing Rich Ross praised the efforts of Alternate Vice President – Bus and Organizer Calvin Studivant, along with Local 1594 officers Waverly Harris and Brian Caldwell for their efforts throughout the campaign.
“They braved the elements and put boots to the ground to get SMART TD’s message out to the drivers,” Ross said.
Ross also thanked Vice President – Bus Bonnie Morr, Rockland Coaches GO RCL General Chairperson Helaine Parsons and New York State Legislative Director Sam Nasca for their assistance with the campaign.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced a proposed rule to establish a drug and alcohol clearinghouse for all national commercial driver’s license (CDL) holders. The clearinghouse would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.
“Safety is our highest priority, and we will continue to embrace new tools and opportunities that protect the travelers on our nation’s roads,” said U.S. Transportation Secretary Anthony Foxx. “Today’s proposal will help ensure dangerous drivers stay off the road, while encouraging the employment of the many safe drivers who follow our drug and alcohol requirements.”
Current federal regulations require employers to conduct mandatory pre-employment screening of a CDL driver’s qualifications based upon his or her driving record. However, there has not been a single federal repository recording positive drug and alcohol tests by CDL holders that employers would be able to search to ensure that the driver is able to perform safety-sensitive duties.
The proposed rule announced today would create such a repository and require employers to conduct pre-employment searches for all new CDL drivers and annual searches on current drivers.
“We are leveraging technology to create a one-stop verification point to help companies hire drug and alcohol-free drivers,” said FMCSA Administrator Anne S. Ferro. “This proposal moves us further down the road toward improving safety for truck and bus companies, commercial drivers and the motoring public everywhere.”
Under the proposed rule announced today, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private, third party USDOT drug and alcohol testing laboratories would be required to record information about a driver who:
Fails a drug and/or alcohol test;
Refuses to submit to a drug and/or alcohol test; and
Successfully completes a substance abuse program and is legally qualified to return to duty.
Private, third-party USDOT drug and alcohol testing laboratories also would be required to report summary information annually. This information would be used to help identify companies that do not have a testing program.
To ensure the privacy of drivers involved, each CDL holder would need to provide his or her consent, before an employer could access the clearinghouse.
Drivers who refuse to provide this information could still be employed by the truck or bus company; however, they could not occupy safety-sensitive positions, such as operating a commercial motor vehicle.
It is a violation of federal regulations to drive a truck or bus under the influence of controlled substances or alcohol. Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs. Carriers must randomly test 10 percent of their CDL drivers for alcohol and 50 percent of their CDL drivers for drugs each year.
For each of the past three years, federal and state safety inspectors have conducted approximately 3.5 million random roadside inspections of commercial vehicles and of their drivers.
In 2013, on 2,095 occasions, or in 0.23 percent of the unannounced inspections, a CDL holder was immediately placed out-of-service and cited for violating federal regulations governing alcohol consumption. In 2012, FMCSA records show that there were 2,494 violations of this regulation.
In 2013, on 1,240 occasions, or in 0.13 percent of the unannounced inspections, a CDL holder was placed immediately out-of-service and cited for violating federal regulations governing controlled substances. In 2012, FMCSA records show that there were 1,139 violations of this regulation.
In addition to random testing, truck and bus companies are further required to perform drug and alcohol testing on new hires, drivers involved in significant crashes, and whenever a supervisor suspects a driver of using drugs or alcohol while at work.
The proposed rule announced today was directed by Congress in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century Act.
For a copy of the Federal Register announcement, click here.

CSX_logoCSX Corporation announced its fourth quarter and full-year earnings for 2013 Jan. 15. The railroad reported net earnings of $426 million or $0.42 per share for the fourth quarter. These earnings were down from the same quarter in 2012, with earnings of $449 million or $0.44 per share. Earnings dropped $37 million from the third quarter of 2013.

The railroad also reported that revenue for the quarter increased by five percent to $3 billion. The increase was due to merchandise and intermodal markets.

“Supported by the strength of an expanding economy, we delivered six percent volume growth in the quarter, despite another sharp decline in coal,” said Michael J. Ward, who acts as chairman, president and chief executive officer for the company.

Annual net earnings for 2013 came in at $1.83 per share, up from 2012’s $1.79 per share. Revenue increased for the year by two percent to $12 billion, a record for the company. Operating income came in at $3.5 billion and the operating ratio increased to 71.1 percent for the year.

Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

 

ns_LogoNorfolk Southern published its fourth quarter and full-year earnings for 2013 January 22. The railroad reports a fourth quarter net income of $513 million or $1.64 per diluted share. Net income was 24 percent higher than recorded earnings for the same quarter 2012. Fourth quarter earnings were also up $31 million over third quarter earnings for the same year.

NS reported that the operating ratio improved five percent to 69.4 percent for the quarter. Operating revenues for the railroad totaled $2.9 billion, up seven percent from the same quarter last year. Income from railway operations was up 23 percent at $881 million.

For the year 2013, operating revenues for the railway reached $11.2 billion, up two percent over 2012. Income from railway operations came in at $3.3 billion for the year, four percent higher than last year. Net income rose nine percent higher than the previous year at $1.9 billion. Diluted earnings per share also saw an improvement of 12 percent at $6.04. Overall, the railway’s operating ratio improved by one percent to 71.0 percent for the year.

“Norfolk Southern’s team of safety and service-oriented employees drove our record-setting fourth quarter results through increased productivity, efficient network operations, and continued revenue gains,” Wick Moorman, NS CEO, said. “In 2014, we plan to invest $2.2 billion, a 12 percent increase over 2013, to maintain safe railway operations, purchase locomotives and freight cars, and support growth and productivity initiatives.

 

union_pacific_logoUnion Pacific announced their full-year earnings for 2013 as well as their fourth quarter earnings. The company stated that the fourth quarter of 2013 was their best quarter yet with records set.

The railroad reported a net income of $1.2 billion or $2.55 per diluted share for the fourth quarter, a 16 percent increase over last year. Last year’s results for the same quarter were only $1 billion or $2.19 per diluted share.

Operating revenue saw an increase of seven percent to more than $5.6 billion. The same quarter last year only saw an operating revenue of $5.25 billion. Operating income was up 14 percent, totaling $1.97 billion. UP’s operating ratio was a fourth quarter record at 65.0 percent.

“For the first time in six quarters, we reported overall volume growth, despite significantly weaker coal shipments,” said CEO Jack Koraleski. “The fourth quarter wrapped up another tremendous year for Union Pacific, with our overall financial performances exceeding all previous milestones.”

For 2013, UP reported a net income of $4.4 billion or $9.42 diluted share, up from 2012’s reported net income of $3.9 billion or $8.27 per diluted share. Operating revenue saw a record $21.96 billion for the railroad in 2013. Operating income also saw an increase of 10 percent, coming in at more than $7.4 billion. The 2013 operating ratio for the railroad was also a new record, coming in at 66.1 percent.

“As we look at 2014, we see signs that the economy is slowly strengthening. We’re well-positioned for economic growth and are confident in our ability to deliver on our customer’s growing transportation needs,” Koraleski said. “We’ll continue our unrelenting focus on both safety and service to our customers. We strongly believe in the power and potential of the Union Pacific franchise to drive even greater financial performance and shareholder returns in the years to come.”

 

KCS_rail_logoKansas City Southern Lines reports record fourth quarter revenues and record full-year 2013 revenues. The railroad saw an eight percent increase in revenue to $616 million over the fourth quarter of 2012.

Net income totaled $114 million or $1.03 diluted earnings per share for the quarter, a 12 percent increase over the same quarter last year. They also saw a two percent increase in carloads for the fourth quarter.

KCS’s operating income also saw an increase to $196 million for the quarter, a full 13 percent higher than 2012. Operating ratio came in at 68.1 percent for the railroad. Operating expenses also increased by six percent to $420 million for the quarter.

Full year 2013 revenue came in at a record $2.4 billion, up six percent over 2012. Carloads for the year increased two percent to 2.2 million. Operating income for the year is being reported at $739 million, an increase of 10 percent over 2012. The operating ratio for KCS was 68.8 percent for the year, a 1.1 point improvement over 2012.

“The year 2013 proved to be another very good year for Kansas City Southern,” said President and CEO David L. Starling. “2013 marks the fourth consecutive year KCS has recorded a double-digit percentage increase in its adjusted earnings per share. We expect to maintain our excellent growth momentum in 2014 and beyond.”

 

cp-logo-240Canadian Pacific Railway, Canada’s second-largest railroad, said fourth-quarter profit more than quintupled. Net income surged to C$82 million ($74 million), or 47 cents a share, from C$15 million, or 8 cents, a year earlier, and earnings per share for 2014 will rise 30 percent or more from last year, CP said. 

Since taking over in June 2012, Harrison has cut jobs and shut rail yards to bolster profit and close the operations gap with larger rival Canadian National Railway, his former employer. CP reported record operating ratio, a costs-to-revenue measure of efficiency, for the last quarter and said it expects more improvement this year. The railroad’s operating ratio improved to a record 65.9 percent in the quarter from 74.8 percent a year earlier, and the company said it’s targeting 65 percent or lower this year. 

“This was a solid quarter, with decent operating numbers,” Jason Sei
dl, a Cowen & Co. analyst in New York who rates the shares market perform, said in a telephone interview. “The guidance is for a minimum of 30 percent growth. This year they did much better than their original guidance, so if they do that again this year, they will be well above the consensus.” 

Canadian Pacific stock shares jumped 4.3 percent to C$165 at the close in Toronto, the biggest single-day increase since Oct. 23. The stock has gained 2.7 percent this year.

The 69-year-old Harrison, who came out of retirement to become Canadian Pacific’s CEO, insisted he still plans to lead the company for another two years before handing the reins to Chief Operating Officer Keith Creel. 

 

CN_red_logoCanadian National Railway Co. Jan. 30 said its fourth-quarter earnings increased to C$635 ($568 million), or 76 Canadian cents a share, up from C$610 million, or 71 Canadian cents, a year earlier, helped by higher petroleum product volumes and a stronger U.S. dollar. The company also boosted its quarterly cash dividend by 16 percent and reaffirmed its guidance for 2014.

The railroad, based in Montreal, was helped by strong energy markets. Revenue from the transport of petroleum and chemicals jumped 22% in the fourth quarter, while revenues from metals and minerals and forestry products also made double-digit gains. 

Revenue increased 8 percent to C$2.745 billion and operating expenses rose 5 percent to C$967 million. The company’s operating ratio rose to 64.8 percent from 63.6 percent. The operating ratio is the percentage of operating revenue consumed by operating costs, so an increase indicates a decline. 

“Key operating and service metrics remained solid, and we continued to drive incremental improvement in our broad safety record,” Chief Executive Claude Mongeau said in a statement. 

“CN sees good opportunities in 2014 in a number of markets, including intermodal, oil-and-gas-related commodities, Canadian and U.S. grain, and commodities related to the recovery in the U.S. housing market,” Mr. Mongeau said.

Stem-James.2011
James Stem

The Federal Motor Carrier Safety Administration has denied an application by motorcoach tours company Miami Nice Tours to operate bus tours in the United States by drivers who would be exempt from the commercial driver’s license (CDL) provisions of part 383 of the Federal Motor Carrier Safety Adminstration regulations.
The SMART Transportation Division’s Legislative office in September offered written testimony to the U.S. Department of Transportation to deny Miami Nice Tours’ application for the exemption.
The company sought to employ 50 European drivers to conduct approximately 87 motorcoach tours in the United States annually. While each driver would have been licensed to operate a motorcoach in his or her European country of residence, states here do not issue CDLs to non-residents. Part 383 requires motorcoach drivers to hold a CDL issued by a U.S. state.
Miami Nice Tours stated that they believed that these drivers were likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be obtained if they held U.S. CDLs and had sought an exemption from the FMCSA rules.
“The SMART Transportation Division thanks FMCSA Administrator Anne Ferro and her staff for making the proper decision on this application,” said SMART TD National Legislative Director James Stem. “The denial of the application not only adheres to our safety laws, but respects the rights of workers in this country who only seek opportunities for gainful employment.”
In testimony to the DOT, SMART TD National Legislative Director James Stem said: “The SMART Transportation Division opposes Miami Nice Tours’ application for exemption for several reasons. There is no way to check the claims of Miami that the drivers ‘are licensed to operate motor coaches in their respective country of residence’ and the status of their licenses, driving records, violations, etc. The qualifications and skills needed to hold and operate a CDL also include physical and dexterity requirements and there is no way to check that these drivers fulfill these requirements.
“There is no way to check the medical history of these drivers.
“While there is no “Keep American Jobs” provision for the hiring of American bus drivers, there are Buy American provisions for purchasing buses. So if we are to be concerned about supporting Americans who build buses, it only makes sense that we support Americans who drive them. To allow the importation of people from other countries to perform American work is tantamount to ‘exporting’ these jobs.
“The immense diversity that already exists in the state of Florida makes the argument for the need to have a driver from a specific country to be without merit. If Miami needs someone who is fluent in a specific language, what they need is a tour guide accompanying the group.
“If this was an airline that transports diverse people in their planes on domestic routes, they would not be asking for a waiver to their qualifications so they could have a non-American pilot fly the plane.
“For the above stated reasons, the request for an exemption should be denied.”