The Association of American Railroads has issued a safety alert for all railroads in North America.
The safety alert is to advise of the recent discovery of barbed wire found on safety appliances of a multilevel car.
This photograph was taken in the Quebec City, Quebec, area on March 26.
“Please distribute this information to coworkers, contractors, customers and all personnel who deal with these types of cars,” said James P. Grady, AAR assistant vice president for technical services.
The Obama Administration strongly opposes H.R. 1120, which would prohibit members of the National Labor Relations Board (NLRB) duly appointed by the president from taking any action.
If the president is presented with legislation that would undermine the functions of the National Labor Relations Board, his senior advisors will recommend that he veto the bill.
H.R. 1120 was introduced March 13 by Rep. David P. Roe (R-Tenn.) and has 25 co-sponsors.
The Obama administration said “This legislation hurts middle-class and working families, weakens the economy and undermines America’s economic competitiveness.
“H.R. 1120 would needlessly place the rights of millions of American workers in jeopardy and erode financial security and economic opportunity for middle class and working families. The National Labor Relations Act charges the NLRB with preventing and remedying unfair labor practices and defending the right of employees to join a union and bargain collectively with their employers.
“These protections are fundamental to growing the economy and creating jobs from the middle class out by ensuring better wages and working conditions for American workers and an open, fair, and prosperous economy for all.
“The Administration rejects the premise of this legislation, as the NLRB properly continues to act while courts resolve legal challenges to the President’s recess appointments, which the Administration believes are valid and constitutional.
“By depriving the NLRB of statutory authority, H.R. 1120 would compromise the President’s constitutional authority to make recess appointments.
“The legislation poses additional constitutional concerns because it would effectively remove the President’s recess appointees from office, authority that resides with the President. Rather than attempting to pass unfounded legislation such as H.R. 1120, the Congress should swiftly confirm the President’s nominees to the Board, which would resolve a situation that is of the Congress’s own making.”
All railroaders and their friends and relatives are invited to participate in the 12th Annual FSC Rail Classic golf tournament at 1 p.m. Monday, May 6, at Sierra Lakes Golf Course in Fontana, Calif., according to Local 240 Chairperson Harry J. Garvin Jr. The cost of the four-person scramble, shotgun-start tournament is $75 per person and includes a tri-tip barbecue, great prizes and great fun. At least one member of each foursome must be a railroader. Participants should commit and remit to Frank Carmona at 30250 Pebble Beach Dr., Sun City, CA 92586, by April 15. Contact Carmona at (951) 301-6525, (909) 770-3366 or by email at FSCRail@hotmail.com. The tournament is sponsored Carmona’s Collision Repair.
The Federal Railroad Administration is currently managing a comprehensive planning effort to define, evaluate and prioritize future levels of investment in the Northeast Corridor (NEC) through 2040.
This effort, launched in February 2012 and called NEC FUTURE, will produce a Service Development Plan that articulates the overall scope, alternatives and approach for proposed improvements, and a Tier 1 Environmental Impact Statement that evaluates and identifies ways to address broad, corridor-wide environmental impacts due to these improvements.
This process is a federally-required step before major construction to overhaul the corridor’s aging, unreliable, and congested infrastructure can begin.
The Obama Administration yesterday released its budget request for fiscal year 2014 and the President has once again put forth a plan for transforming and expanding train service in the United States.
The president is requesting $40 billion in passenger rail investment over the next five years, allocating $6.6 billion to the Federal Rail Administration for fiscal 2014, with increasing amounts each subsequent year through 2019.
“A well-functioning transportation system is critical to America’s economic future. Whether it is by road, transit, air, rail, pipeline, or waterway, Americans rely on our transportation system to move people and goods safely, facilitate commerce, attract and retain businesses, and support jobs,” the administration said in the budget request.
The request for $40 billion over five will fund the development of high-speed rail and other passenger rail programs as part of an integrated national transportation strategy.
This system will provide 80 percent of Americans with convenient access to a passenger rail system, featuring high-speed service, within 25 years.
The proposal also benefits freight rail and significantly restructures Federal support for Amtrak, to increase transparency, accountability, and performance.
The request will be a boost for Amtrak, coming a day before the House Committee on Transportation holds a hearing on the railroad’s FY 2014 budget.
The hearing, Amtrak’s Fiscal Year 2014 Budget: The Starting Point for Reauthorization [which will be streamed live], will address Amtrak’s funding needs, as well as the coming rail reauthorization (the current law will expire at the end of this September).
Amtrak announced April 9 it had set a new ridership record during the first half of this fiscal year, and will be looking to translate its steady increase in popularity into an increase its funding for badly needed equipment purchases and infrastructure upgrades.
Passage of a reauthorization bill this year is uncertain, but the appropriations committees will determine how much federal funding each program gets.
Secretary LaHood is scheduled to appear before the House Appropriations transportation subcommittee on April 16.
President Obama’s $6.6 billion request breaks down in the following ways:
• $2.7 billion for “Current Passenger Rail Service,” including $800 million for Amtrak’s long-distance routes, $300 million for state corridors, $675 million for the Northeast Corridor and $925 million for “national assets” (defined as positive train control for passenger rail, rail stations, and “backbone rail facilities).”
• $3.7 billion for “Rail Service Improvement Program.” The budget request defines goals for the program as “Creating or improving passenger corridors, mitigating congestion bottlenecks in the rail system, improving intermodal freight rail capacity and comprehensive future planning.”
President Obama has put forth similar proposals in the past, and the biggest obstacle to implementing the program remains identifying new sources of funding.
The Administration identifies the “peace dividend” — money saved from drawing down the wars in Afghanistan and Iraq — as a major source of funding. However, House Republicans have rejected this proposal in its previous iterations.
The Administration is proposing that rail funding become part of the Highway Trust Fund (it would be repurposed into a “Transportation Trust Fund”). This would eliminate Amtrak’s dependence on the annual appropriations cycle, moving it a grant structure similar to highways and transit.
Osawatomie’s Railroad Day will honor the contributions of current and former employees of Union Pacific and Missouri Pacific railroads in Osawatomie, Kan., April 20. A variety of fun family activities are scheduled at Osawatomie’s Missouri Pacific Railroad Depot Museum, located at 628 Main St. The Railroad Day Museum Expo will run from 8 a.m. to 4 p.m. and feature information displays from area railroad museums and special displays of railroad artifacts. Osawatomie’s Railroad Day honors the hard work and sacrifices of the community’s Union Pacific and Missouri Pacific Railroad employees and retirees and their contributions to the community’s spiritual, cultural and economic development. For more information, visit the John Brown Museum State Historic Site’s page on Facebook.
MECCA, Calif. — Last week, a 10-month-old poodle-terrier mix was found tied to the railroad tracks.
An engineer spotted an old man walking near the railroad tracks and noticed that the man had left something behind. The engineer was able to stop the train in time using his emergency brakes and discovered the pooch still alive. The puppy’s hero remains unidentified.
Union Pacific Special Agent Sal Pina responded to the scene and questioned the perpetrator. It seems the family didn’t want the puppy and didn’t know what to do with him. The 78-year-old man was deemed to be senile and confused, seemingly not realizing what he had done, and no charges were pressed. He was released into the custody of his family with a warning that if the elderly man was ever spotted around the railroad tracks again Pina would file elderly abuse charges.
Pina said that the puppy tied to the tracks was “probably one of the worst things he’d seen,” adding, “I’ve never seen something like this.”
The puppy – which was named Banjo after old traffic signals some of which can still be seen on various railways – was taken to a vet and given a bath.
He was then turned over to Riverside County Animal Services where he has been put up for adoption.
“I would prefer to be someone who can treat him gently and give him the kind of love he needs right now, because he’s been through so much,” said Jo Marie Upegui, a veterinary technician who is caring for Banjo.
Banjo is described as being a very healthy and friendly pup by the vets who took care of him. Riverside County Animal Services is requiring interested adopters to email shelterinfo@rivcocha.org and share why their family would be the best for Banjo.
Pictures courtesy of Riverside County Animal Services
WASHINGTON — Amtrak ridership increased in the first half of fiscal year 2013 (Oct. 2012 – March 2013) and March set a record as the single best month ever in the history of America’s Railroad®. In addition, October, December, and January each set individual monthly records.
Rebounding strongly from service disruptions caused by Superstorm Sandy and other severe weather, Amtrak ridership grew 0.9 percent in the first six months of fiscal year 2013 as compared to the same period the prior year. In all, 26 of 45 routes posted ridership increases and Amtrak expects to end the fiscal year at or above last year’s record of 31.2 million passengers.
“The continued ridership growth on routes across the country reinforces the need for dedicated, multi-year federal operating and capital funding to support existing intercity passenger rail services and the development of new ones,” said Amtrak President and CEO Joe Boardman.
Northeast Corridor ridership, which took a significant hit from Superstorm Sandy, is seeing a solid recovery and is predicted to show gains for the full fiscal year, despite being down 1.2 percent for this six-month period. Ridership on state-supported and other short distance routes is up 2.7 percent and long-distance ridership grew 0.5 percent.
Routes with notable ridership growth in the first six months of fiscal year 2013 include: Palmetto (+10.5 percent), Coast Starlight (+10 percent), Illini/Saluki (+9.8 percent), San Joaquin (+8.9 percent), Piedmont (+8.6 percent), Wolverine (+8.2 percent), Vermonter (+6.7 percent), Carolinian (+6.3 percent), Keystone Service (+5.2 percent), Springfield Shuttles (+5.2 percent), Downeaster (+4.8 percent), Pacific Surfliner (+4.3 percent), and Pennsylvanian (+4.3 percent).
The Railroad Retirement Act provides disability annuities for railroaders who become totally or occupationally disabled. Medicare coverage before age 65 is also available for totally disabled employees and those suffering from ALS (amyotrophic lateral sclerosis) or chronic kidney disease.
The following questions and answers describe these disability benefits, their requirements, and how to apply for them.
1. How do railroad retirement provisions for total disability and occupational disability differ?
A total disability annuity is based on permanent disability for all employment and is payable at any age to employees with at least 10 years (120 months) of creditable railroad service and, under certain conditions, to employees with five to nine years (60-119 months) of creditable railroad service after 1995.
An occupational disability annuity is based on disability for the employee’s regular railroad occupation and is payable at age 60 if the employee has 10 years (120 months) of railroad service, or at any age if the employee has at least 20 years (240 months) of service. A “current connection” with the railroad industry is also required for an occupational disability annuity. The current connection requirement is normally met if the employee worked for a railroad in at least 12 of the last 30 consecutive months immediately preceding his or her annuity beginning date.
If an employee does not qualify for a current connection on this basis, but has 12 months of service in an earlier 30-month period, he or she may still meet the current connection requirement. This alternative generally applies if the employee did not have any regular employment outside the railroad industry after the end of the last 30-month period which included 12 months of railroad service and before the month the annuity begins or the date of death. Full or part-time work for a non-railroad employer in the interval between the end of the last 30-month period including 12 months of railroad service and the month an employee’s annuity begins, or the month of death if earlier, can break a current connection.
2. Under what conditions can disabled employees with five to nine years of service be eligible for railroad retirement disability annuities?
Employees with five to nine years (60-119 months) of service after 1995 may qualify for an annuity based on total and permanent, but not occupational, disability if they have a disability insured status under social security law. A disability insured status is established when an employee has social security or railroad retirement earnings credits in 20 calendar quarters in a period of 40 consecutive quarters ending in or after the quarter in which the disability began.
Unlike the two-tier annuities payable to a 10-year employee, disability annuities payable to five-year employees are initially limited to a tier I social security equivalent benefit; a tier II benefit is not payable in these cases until the employee attains age 62. And, the employee’s tier II benefit will be reduced for early retirement in the same manner as the tier II benefit of an employee who retired on the basis of age rather than disability at age 62 with less than 30 years of service.
3. How do the standards for total disability and occupational disability differ?
An employee is considered to be totally disabled if medical evidence shows a permanent physical and/or mental impairment preventing the performance of any regular and gainful work. A condition is considered to be permanent if it has lasted or may be expected to last for a continuous period of at least 12 months or result in death.
An employee is considered to be occupationally disabled if a physical and/or mental impairment prevents the employee from performing the duties of his or her regular railroad occupation, even though the employee may be able to perform other kinds of work. An employee’s regular occupation is generally that particular work he or she has performed for hire in more calendar months, which may or may not be consecutive, than any other work during the last five years; or that work which was performed for hire in at least one-half of all the months, which must be consecutive, in which the employee worked for hire during the last 15 years.
4. How does the amount of a railroad retirement disability annuity compare to a social security disability benefit?
Disabled railroad workers retiring directly from the railroad industry at the end of fiscal year 2012 were awarded almost $2,900 a month on the average, while awards for disabled workers under social security averaged about $1,190.
5. When is early Medicare coverage available for the disabled?
In general, Medicare coverage before age 65 may begin after a disabled employee annuitant has been entitled to monthly benefits based on total disability for at least 24 months and has a disability insured status under social security law. There is no 24-month waiting period for those who have ALS (amyotrophic lateral sclerosis), also known as Lou Gehrig’s disease. The fact that an employee is initially awarded an occupational disability annuity does not preclude early Medicare coverage, if the employee’s physical and/or mental condition is such that he or she is totally and permanently disabled.
Medicare coverage on the basis of permanent kidney failure requiring dialysis or a kidney transplant is available not only to employee annuitants, but also to employees who have not retired but meet certain minimum service requirements, as well as spouses and dependent children. For those suffering from chronic kidney disease, coverage may begin with the third month after dialysis treatment begins, or earlier under certain conditions.
6. Do the railroad retirement disability annuity requirements include a waiting period similar to the one required for social security disability benefits?
Yes. A five-month waiting period beginning with the month after the month of the disability’s onset is required before railroad retirement disability annuity payments can begin. However, an applicant need not wait until this five-month period is over to file for benefits.
The Railroad Retirement Board (RRB) accepts disability applications up to three months in advance of an annuity beginning date which allows the agency to complete the processing of most new claims before a person’s actual retirement date. An employee can be in compensated service while filing a disability application provided that the compensated service is not active service and terminates within 90 days from the date of filing. When an employee files a disability application while still in compensated service, it will be necessary for the employee to provide a specific ending date of the compensation.
Compensated service includes not only compensation with respect to active service performed by an employee for an employer, but also includes pay for time lost, wage continuation payments, certain employee protection payments and any other payment for which the employee will receive additional creditable service.
7. What documentation is required when filing for a railroad retirement disability annuity?
Employees filing for disability annuities are required to submit medical evidence supporting their claim. Applicants should be prepared to furnish dates of hospitalization, names and dosages of medication, names of doctors, etc. Applicants may also be asked to take special medical examinations given by a doctor named by the RRB. If a disability applicant is receiving workers’ compensation or public disability benefits, notice of such payments must be submitted.
Sources of medical evidence for railroad retirement disability purposes may include, but are not limited to, the applicant’s railroad employer, personal physician and hospital, the Social Security Administration or the agency paying workers’ compensation or public disability benefits. This evidence generally should not be more than 12 months old. In addition, proof of age and proof of any military service credit claimed and a description of past work activity will also be required.
8. What is the best way to apply for a railroad retirement disability annuity or early Medicare coverage?
Applications for railroad retirement disability annuities are generally filed at one of the RRB’s field offices, or at one of the office’s Customer Outreach Program (CORP) service locations, or by telephone and mail. However, applications by rail employees for early Medicare coverage on the basis of kidney disease have to be filed with an office of the Social Security Administration, rather than the RRB.
To expedite filing for a railroad retirement disability annuity, disabled employees or a family member should call, write, or send a secure message via the RRB’s website, www.rrb.gov, to the agency’s nearest field office to schedule an appointment. For the appointment, claimants should bring in any medical evidence in their possession and any medical records they can secure from their treating sources, such as their regular physician. Employees who are unable to personally visit an RRB office or meet an RRB representative at a CORP service location may request special assistance, such as having an agency representative come to a hospital or the employee’s home. RRB personnel can assist disabled employees with their applications and advise them on how to obtain any additional medical evidence required or any other necessary documents or records.
9. Can an individual continue to receive an employee disability annuity even if he or she does some work after it begins?
Special earnings rules apply to disability annuitants and they are more stringent than those that apply to annuitants who have retired on the basis of age and service. Disability annuities are not payable for any month in which the annuitant earns more than $810 in 2013 in any employment or self-employment, exclusive of work-related expenses. Withheld payments will be restored if earnings for 2013 are less than $10,125 after deduction of disability-related work expenses. Failure to report such earnings could involve a significant penalty charge.
These disability work restrictions cease upon a disabled employee annuitant’s attainment of full retirement age (age 65 for those born before 1938 to age 67 for those born in 1960 or later). This transition is effective no earlier than full retirement age, even if the annuitant had 30 years of service. Earnings deductions continue to apply to annuitants working for their last pre-retirement non-railroad employer.
If a disabled annuitant works before full retirement age, this may also raise a question about the possibility of that individual’s recovery from disability, regardless of the amount of earnings. Consequently, any earnings must be reported promptly to avoid overpayments, which are recoverable by the RRB and may also include penalties.
10. Does employment with a rail labor organization affect eligibility for a disability annuity?
Payment of an employee’s disability annuity cannot begin earlier than the day after the employee stops working in compensated service for any railroad employer, including labor organizations. Such work includes service for more than $24.99 in a calendar month to a local lodge or division of a railway labor organization. Also, work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary, is railroad work which must be stopped.
11. Must an employee relinquish employment rights in order to receive a disability annuity?
An employee can be in compensated, but non-active, service while filing a disability annuity application as long as the compensated service terminates within 90 days from the date of filing. However, in order for a supplemental annuity to be paid or for an eligible spouse to begin receiving benefits, a disability annuitant under full retirement age must relinquish employment rights.
12. How can individuals get more information about disability annuities?
More information is available by visiting the RRB’s website, www.rrb.gov, or by calling an RRB office toll-free at 1-877-772-5772. Persons can find the address of the RRB office servicing their area by calling the agency’s toll-free number or at www.rrb.gov.
The UTU International is conducting a local treasurers’ workshop at its headquarters in North Olmsted, Ohio, April 23-25.
Attendance is limited to 24 registrants.
Those interested in attending the workshop should contact the office of the UTU director of updating/auditing department. Call (216) 228-9400, or email Marilyn Spangler at mspangler@smart-union.org. The deadline to register in April 12.
While all local treasurers will likely benefit from this workshop, newly elected treasurers are strongly encouraged to attend.
The three-day session will include all training and materials at no cost to local treasurers. However, the local is responsible for all other costs associated with the treasurer’s attendance at the workshop. Lost time or salary, travel, hotel and meal expenses connected with attendance may be reimbursed if pre-approved at a local meeting as an allowable expense of the local.
The workshop will provide local treasurers with hands-on training on the responsibilities and reporting duties pertaining to their office, including direct receipts and Winstabs. It will also will focus on completion of mandatory filings for LM reports and Form 990 and DOL requirements.
The workshop will be held at the UTU International Headquarters at 24950 Country Club Blvd., Ste. 340 in North Olmsted. UTU corporate room rates of $78 per night, plus tax, are available at the Radisson Hotel Cleveland Airport, 25070 Country Club Blvd. in North Olmsted, which is conveniently located adjacent to the parking lot of the UTU headquarters.
Reservations can be made by calling the Radisson directly at (440) 734-5060. Provide the code “UTU” when making reservations. The Radisson hotel provides complimentary shuttle service to and from Cleveland Hopkins Airport and a complimentary breakfast buffet.
Training sessions will be conducted by UTU International Auditors Stephen Noyes, Bobby Brantley and Mike Araujo.
Space is limited and attendees will be accepted on a first-come, first-served basis. It is recommended that those attending make their hotel reservations at the time of registration.
Attendees should bring a notebook computer and a USB flash drive.