Joseph Sellers Sr., age 77, the father of SMART General President Joseph Sellers Jr., died Thursday, Dec. 10 at Arden Courts, Warminster, Pa.
Sellers Sr. worked for 40 years as a sheet metal worker and was a member and union official for the SMWIA (now SMART) Local 19 in Philadelphia. Even after his retirement, Sellers Sr. remained involved in the union.
He is survived by his son, Joseph (Elizabeth) Sellers Jr., Elizabeth A. Sellers, Anne (Jay) Lavancher; and three grandchildren, Ashley Forsythe, Nicholas Sellers and Alexandra Sellers. Sellers Sr. is preceded in death by wife Elizabeth, parents Robert and Mary (O’Connor) Sellers, and four brothers and two sisters.
A funeral mass was held the morning of Wednesday, Dec. 16 at St. Bede the Venerable Church in Holland, Pennsylvania.
Memorial contributions may be made to the Alzheimer’s Association, Delaware Valley Chapter, 399 Market St., Ste. 102, Philadelphia, PA 19102 or to the Sheet Metal Workers Local #19 Scholarship fund, 1301 S. Columbus Blvd., Philadelphia, PA 19147.
Click here to view Sellers Sr.’s obituary or to leave condolences for the family.
NECN reported that MassODOT investigators are looking at possible causes of a Boston Red Line train that departed the station and ran for nine minutes without an operator, yet with passengers on board. The incident occurred early morning on Thursday, December 10.
The operator suffered minor injuries; no passengers were injured.
Every three years, the Railroad Retirement Board’s Chief Actuary conducts a study of the longevity of its annuitants, as part of a valuation of future revenues and benefit payments. The following questions and answers summarize the results of the most recent longevity study.
1. What were the study’s findings on the life expectancy of retired male railroaders?
The most recent data reflected a continued improvement in longevity. Using data through 2012, the study indicated that, on the average, a male railroader retiring at age 60 can be expected to live another 22.4 years, or approximately 269 months. Studies done three, six and nine years ago indicated life expectancies of 21.9, 21.3 and 20.7 years, respectively, for this category of beneficiary. The study also indicated that a male railroader retiring at age 62 can be expected to live another 20.7 years (248 months), while the previous three studies indicated life expectancies of 20.1, 19.6, and 19 years, respectively. A male railroader retiring at age 65 can be expected to live another 18.2 years (approximately 218 months). The previous studies indicated life expectancies of 17.7, 17.1, and 16.6 years, respectively, for this category of beneficiary.
2. How did these life expectancy figures compare to those of disabled annuitants?
As would be expected, disabled annuitants have a shorter average life expectancy than those who retire based on age. At age 60, a disabled railroader has an average life expectancy of 17.7 years, or 4.7 years less than a nondisabled male annuitant of the same age. Studies done three, six and nine years ago indicated life expectancies of 17.2, 16.4 and 15.8 years, respectively, for this category of beneficiary. Nonetheless, the difference in life expectancy at age 60 between disabled annuitants and annuitants who retire based on age has remained relatively stable, ranging between 4.7 and 5 years.
3. Are women still living longer than men?
In general, women still live longer than men. This is shown both in the Railroad Retirement Board’s life expectancy studies of male and female annuitants and by other studies of the general United States population.
For example, at age 60 a retired female railroader is expected on the average to live 25.6 years, 3.2 years longer than a retired male railroader of the same age; and at age 65, a retired female railroader is expected on the average to live 21.1 years, 2.9 years longer than her male counterpart. Spouses and widows age 65 have average life expectancies of 21.2 years and 19 years, respectively.
4. Can individuals use life expectancy figures to predict how long they will live?
Life expectancy figures are averages for large groups of people. Any particular individual’s lifetime may be much longer or shorter than the life expectancy of his or her age and group.
According to the study, from a group of 1,000 retired male employees at age 65, 930 will live at least 5 years, 820 at least 10 years, 655 at least 15 years, and 445 at least 20 years. Of female age annuitants at age 65, 590 will be alive 20 years later.
5. Where can I access the Railroad Retirement Board’s longevity study?
The entire longevity study is available on the agency’s website at www.rrb.gov.
$5.4 billion — that’s how much public transit agencies collectively spend on buses and trains each year.
U.S. public transportation authorities are using taxpayers’ dollars to employ Americans. Well, sort of — there’s a lot of room for improvement. Thanks to weak laws and procurement rules, taxpayer dollars all too often reward low-road companies that pay poor wages and routinely game our domestic content rules to manufacture just the minimum here in America.
That’s why transportation unions have long supported policies that raise domestic content standards for transit and rail purchases made with federal funds — the same kind of laws found in the recently passed Fixing America’s Surface Transportation (FAST) Act. In addition to being the first long-term, bipartisan surface transportation bill in a decade, the FAST Act raises Buy America standards for transit vehicles from a 60 percent minimum to a 70 percent minimum domestic content.
This is a great next step in our effort to beef up transportation manufacturing jobs, but we aren’t stopping now: the goal must be 100% domestic content for publicly funded transit and rail equipment orders. Unfortunately, changes to procurement laws alone aren’t enough to get us there. In fact, a new report by economist Robert Pollin and the Political Economy Research Institute (PERI) shows more can and needs to be done to ensure that investments in our nation’s transportation infrastructure help sustain domestic manufacturing and the millions of jobs the sector supports. The report, titled Strengthening U.S. Manufacturing Through Public Procurement Policies, focuses on railcar procurements, but its lessons can be applied to the broader Buy America program.
The report finds that:
60 is the new 40. Under law, 60 percent of component production and 100 percent of final assembly of railcar manufacturing are supposed to happen in the U.S. However, as the authors show, for a variety of reasons, these standards amount to an overall requirement of only 40 percent domestic production.
Monitoring and enforcement standards are a weak link. Because few local transit agencies have adequate capacity to conduct audits in-house and public interest groups face major obstacles in obtaining relevant compliance information, the monitoring and enforcement of domestic content requirements leave much to be desired.
Too many waivers are still granted. Available evidence suggests that a significant number of domestic content waivers are being granted to contractors bidding on transportation procurement projects covered under Buy America. The good news? Under the Obama Administration, the wavier process has improved significantly. But there’s more work that needs to be done. The Department of Transportation needs to keep systematic records on waiver applications and decisions and to establish consistently high thresholds for granting waivers.
As the authors of the study point out, we must pair stronger laws with straightforward, effective measures that encourage public transportation agencies to consider the impact of their purchases here at home. Some of the plans outlined in the report — including changes to Request for Proposal (RFP) procedures — are the same kind of forward-thinking measures being pushed by the Jobs to Move America Coalition, of which TTD has been a member since 2013. They include incentivizing companies that bid on publicly-funded transportation equipment orders to describe the number and quality of jobs that would be created from a contract, and encouraging local transit authorities to select bids based on best value instead of just the lowest price. This new approach rewards employers that train their workers and make a genuine effort to hire people from disadvantaged populations including, for example, veterans and single mothers.
These kinds of smart procurement strategies act as a win-win for all parties involved: public transportation dollars help create good transportation manufacturing jobs here at home; transit agencies purchase high-quality, American-made components; and high-road manufacturers are rewarded for lifting labor standards and keeping buses and trains made in the USA.
In a letter dated Dec. 5, the National Mediation Board (NMB) certified the SMART Transportation Division as the official union of the train and engine service employees of the Central Maine & Quebec Railway (CMQR).
SMART TD invoked the services of the NMB Aug. 12, 2015, to investigate and determine who may represent the train and engine service employees of CMQR. These employees were previously unrepresented by a union.
NMB Investigator Cristina Bonaca held an election and out of the total 11 eligible employees, 10 voted for SMART TD representation, while one employee opted not to vote. Due to these results, Bonaca certified that SMART is the designated labor union and is authorized to represent CMQR train and engine service employees.
“Every department on this railroad that voted for representation: the carmen, maintenance of way, machinists, conductors and engineers bravely stood together and have chosen SMART TD as their representative. They believe that there is strength in numbers,” said SMART TD Organizer Larry Grutzius. “I was glad to be a part of their effort and to see how strongly these new members feel about taking the steps to gain fair compensation for their labor.”
“I’d like to thank Larry Grutzius for all the time and effort he put into winning this campaign,” Director of Organizing Rich Ross said. “We are looking forward to working with our brothers and sister on CMQR to help improve working conditions and their quality of life on the railroad.”
In a petition for rulemaking, Schneiderman asked the agency to require all crude transported by rail in the United States to achieve a vapor pressure of less than 9 pounds per square inch (psi).
On December 3, 2015, Congress passed H.R. 22, the Fixing America’s Surface Transportation Act (FAST ACT) by overwhelming bipartisan votes of 83 to 16 and 359 to 65 in the Senate and House respectively. The legislation is the first long-term surface transportation reauthorization in a decade and provides funding and policy changes for our nation’s highways, mass transit and rail systems. This landmark legislation includes a number of SMART TD policy priorities, many of which are outlined below.
“I’m very pleased with the legislation overall compared to some of the original proposals. The legislation was modified in both houses and in the conference committee to correct many of the harmful issues facing our membership,” SMART TD President John Previsich said.
“Our National Legislative Director John Risch and his team, working with other unions and allies did a stellar job on a very complex 1300-page piece of legislation that was passed through a very complicated legislative process.
Risch
“In difficult economic and political times, an effective legislative department makes all the difference and we have one of the best in the business.”
“Considering the makeup of the Congress, overall we are pleased with the policy provisions in this legislation, and that the law covers five years of authorization,” said Risch. “However, we are disappointed that much of the funding came from non-user fees. Freight railroads alone fund their own track and infrastructure. Using general funding for highways puts railroads at a competitive disadvantage because trucks are not paying their fair share of costs for highway construction and maintenance.”
Provisions to protect transit members from assault
Section 3022. Improved Public Transportation Safety Measures
This much-needed section will better protect our transit members by requiring the Federal Transit Administration to promulgate regulations to protect public transportation operators from assault.
The rulemaking will be required to consider the safety needs of drivers in different modes, including bus and light rail.
This provision was a direct result of a joint lobbying effort by SMART TD, the AFL-CIO’s Transportation Trades Department (TTD), AFL-CIO, the Transport Workers Union (TWU) and the Amalgamated Transit Union (ATU).
ECP brake mandate is maintained
The legislation largely protects the May 2015 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule that requires the use of electronically controlled pneumatic (ECP) brakes on certain high-hazard flammable trains (HHFTs), which SMART TD strongly supports.
While the legislation does require another study on ECP brakes, it also includes language supported by SMART TD that will ensure testing is done independently and objectively, and not by the railroads or other entities affected by the rule.
Additionally, the legislation neither prohibits DOT from moving forward with the May 2015 rule while the study is in progress, nor does it require DOT to issue a new rule dependent on the study’s findings.
The original Senate Commerce Committee language would have repealed the ECP rule and replaced it with a railroad-dominated study.
Inward-facing cameras cannot be used to retaliate against employees.
Working with Senator Richard Blumenthal (D – Conn.), SMART TD secured a provision stating that any in-cab audio or image recording obtained by a railroad carrier under this section may not be used to retaliate against an employee. Rail Subcommittee Chairman Jeff Denham (R – Calif.) reinforced this provision by specifically mentioning it in a House floor speech.
We are pleased the final bill removed a requirement for efficiency testing.
Removed harmful privatization language for transit projects
Working with TTD and other transit unions (TWU and ATU), SMART TD helped strip a harmful privatization provision from the legislation. The provision would have been an unprecedented giveaway to the private sector by allowing certain public-private partnerships to move to the front of the line for grant awards simply because the project included private money, with no minimum threshold.
This provision – if not changed – could have resulted in lost jobs, lower wages and diminished passenger rail and transit service.
Biased hair testing methods rejected
SMART TD has strongly opposed the unfair and biased use of hair testing for drug tests.
SMART TD strongly opposed previous versions of this legislation that would have allowed companies to immediately begin testing an employee’s hair for drugs.
The final legislation would only allow companies to do so after experts at the Department of Health and Human Services have set guidelines for such testing.
Tank car safety standards
The legislation makes substantial improvements in tank car standards by requiring that all new tank cars are equipped with one-half inch thermal blankets.
All existing DOT-111 tank cars transporting flammable liquids are required to be upgraded to retrofit standards regardless of product shipped.
Alerters
The legislation requires DOT to promulgate a rule requiring working alerters in the controlling locomotive of each commuter and intercity passenger train.
Signal Protection
The legislation requires DOT to initiate a rulemaking for redundant signal protection for Maintenance of Way (MOW) workers.
PTC Grants
The legislation provides $199 million to finance a competitive grant program for PTC implementation on commuter railroads.
Funding: Amtrak and Transit
Transit programs will receive a 9 percent funding increase in Fiscal year 2016 over FY 2015 levels and 2 percent increases each year through 2020.
Amtrak is funded through the appropriations process; however, this legislation increases authorized FY 2016 funding levels for Amtrak by $60 million.
The Railroad Retirement Board (RRB) released its annual tax rates, Thursday, Dec. 3, 2015, for the upcoming 2016 year.
The Tier II tax rates are determined annually from a tax rate schedule based on an average account benefits ratio reflecting railroad retirement fund levels. Employer tax rates can range from 8.2 percent to 22.1 percent. Employee tax rates can range from 0 percent to 4.9 percent.
Experience Rating
In October 2015, each employer was sent a notice of their 2015 Railroad Unemployment Insurance Act (RUIA) contribution rate. If you have not received your notice, please contact the Quality Reporting Service Center.
Retirement and Survivor Benefits
Exempt Amounts for Annual Earnings Test for Less Than Full Retirement Age Annuitants: In 2016, the annual exempt amount for less than full retirement age annuitants is $15,720. The monthly exempt amount for the first year of retirement in 2016 is $1,310.
Exempt Amounts for Annual Earnings Test for Full Retirement Age Annuitants: In 2016, the annual exempt amount for full retirement age annuitants is $41,880. The monthly exempt amount for the first year of retirement in 2016 is $3,490.
No cost-of-living Increase: Annuitants will not receive a cost-of-living increase in 2016.
Unemployment and Sickness Benefits
Maximum Daily Benefit Rate: Under the Railroad Unemployment Insurance Act (RUIA), the maximum daily benefit rate is equal to 5 percent of the monthly RUIA compensation base, rounded down to the nearest multiple of $1.00. For days of unemployment and sickness in registration periods beginning on and after July 1, 2016, the maximum daily rate is $72.00. The maximum rate for registration periods beginning on or after July 1, 2017, is $72.00.
Monthly Compensation Base: The monthly compensation base under the Railroad Unemployment Insurance Act for calendar year 2016 is $1,455.
Qualifying Base Year Compensation: The amount of base year compensation required in 2016 to qualify for benefits in the benefit year beginning July 1, 2016, is $3,637.50.
Compensation of $3,637.50 is also the amount of creditable compensation required to end a voluntary leaving of work disqualification period in months in calendar year 2016. In addition, remuneration earned in calendar year 2016 from employment covered under the Act cannot be considered subsidiary remuneration if the employee’s base year earnings are less than $3,673.50.
Maximum Benefits: The monthly amount of base year 2016 compensation that can be counted in determining the maximum amount of normal benefits payable to an employee in the benefit year beginning July 1, 2017, is $1,879.
Maximum Monthly Compensation Base and the Earnings Test: For unemployment registration periods beginning July 1, 2017 and later, no benefits are payable for which the total amount of an employee’s earnings and other remuneration from railroad and non-railroad work for days in the period exceeds the monthly compensation amount of $1,455.
The 2016 railroad retirement tax rates and maximum compensation bases are as follows:
Tax Type
Tax Rate
Earnings Base
Employee Medicare*
1.45%
No limit
Employer Medicare*
1.45%
No limit
Employee Tier I
6.20%
$118,500
Employer Tier I
6.20%
$118,500
Employee Tier II
4.90%
$88,200
Employer Tier II
13.10%
$88,200
*Additional Medicare Tax: Employees will pay an additional 0.9 percent Medicare tax on earnings above $200,000 who file an individual return or $250,000 (for those who file a joint return). This additional Medicare tax rate is not reflected in the tax rates shown above.
Note: Medicare and Tier 1 Railroad Retirement tax rates are equivalent to Social Security tax rates set for 2016. Tier 2 Railroad Retirement tax rates do not apply to employees subject to Social Security.
Washington — Edward Wytkind, president of the Transportation Trades Department, AFL-CIO (TTD), issued this statement in response to a House-Senate deal on a long overdue surface transportation reauthorization bill:
Wytkind
“The Fixing America’s Surface Transportation (FAST) Act is a bipartisan, long-term funding bill for our nation’s transit systems, highways, bridges and passenger rail networks that we are proud to support. The deal reached by House and Senate negotiators breaks the cycle of flat-line funding and short-term extensions that has strangled our economy and stunted job creation. We applaud Congressional leaders for their work on this important legislation and particularly want to thank Chairman Shuster, Ranking Member DeFazio, Chairman Inhofe and Ranking Member Boxer for their pursuit of a long-term bill.
“TTD and its member unions have never relented in our multi-year campaign to convince lawmakers to forge a bipartisan compromise on a long-term highway-transit bill that prioritizes funding growth and job creation. We applaud lawmakers for crafting a bill that makes great strides in reversing many years of neglect.
“The FAST Act strikes the right balance on many of the important policy issues that were considered in this legislation. The bill includes measures to address bus driver assaults, handles transit public-private partnerships in a more responsible manner, improves Buy America rules and makes improvements to rail safety and the transport of hazardous materials. Conferees wisely chose not to use this bill to attack the bargaining rights of port workers, adopted provisions that preserve the role of sound science in determining the appropriateness of hair specimen drug testing and rejected an attempt to force contracting out of public-sector engineering work.
“We are pleased that the FAST Act contains a multi-year Amtrak reauthorization that will help sustain America’s national passenger railroad, protect thousands of middle-class jobs and allow Amtrak and its employees to meet the soaring demand for rail transportation. Finally, the bill includes the reauthorization of the Export-Import Bank, which will help American manufacturers and their employees compete with foreign companies and support good middle-class jobs in this country.
“We urge both chambers to pass the FAST Act and send it to the President’s Desk for his signature.”
Frank “Dwayne” Adkins died Friday, Nov. 27, 2015, at his residence in Dupo, Ill. He was 84 years old.
Adkins, a member of SMART TD (then United Transportation Union) Local 1929 of East St. Louis, Ill., hired out as an engineer with the Alton & Southern Railway in 1956. Adkins served his members as local chairperson before being elected as general chairperson of General Committee of Adjustment ALS.
Adkins is survived by his wife of 37 years, Lori Adkins; son Doug (Barb) Adkins; daughter Jody (Tim) Ellers, step-children Marilyn (Buddy) Hollis, Kami (Darrell) Welch, Eric (Stephanie) Young and Shari (Eric) Hofstetter; 10 grandchildren; five great-grandchildren and other relatives and friends.
NECN
Every three years, the Railroad Retirement Board’s Chief Actuary conducts a study of the longevity of its annuitants, as part of a valuation of future revenues and benefit payments. The following questions and answers summarize the results of the most recent longevity study.
$5.4 billion — that’s how much public transit agencies collectively spend on buses and trains each year.
In a letter dated Dec. 5, the National Mediation Board (NMB) certified the SMART Transportation Division as the official union of the train and engine service employees of the Central Maine & Quebec Railway (CMQR).
New York Attorney General Eric Schneiderman has called on the 
