Author: paul

Home>Articles by: paul

Local 23, Santa Cruz, Calif.

Santa Cruz Metropolitan Transit District bus operator Jose Polanco, center, is recognized for his
outstanding safety record and committed service to the community by a district official on Feb. 22.
Polanco developed a plan to identify thousands of safety repairs needed at community bus stops,
many that were near collapse and posed risk of injury to the public.

Local 60, Newark, N.J.
New Jersey Transit General Chairperson Pat Reilly retired effective Jan. 1 after 41 years of service, but the local’s stewardship remains in familiar hands. Reilly is succeeded by his brother and former Local President Mike Reilly. A third-generation railroader, Pat began his railroad career in 1971 as a brakeman with Erie Lackawanna Railroad and was promoted to conductor in 1974. Before becoming general chairperson, he held a number of union offices including vice local chairperson, delegate and vice general chairperson. He also held the positions of Grand Central Terminal assistant superintendent, National Transportation Safety Board accident investigator and FRA supervisor. Mike began his career in 1978 as a Conrail brakeman and was promoted to conductor in 1980. Besides service as local president, he has also held the Conrail positions of rules examiner, trainmaster and safety officer. The brothers have worked closely over the past few years on issues including passenger hours of service, conductor certification, the Local 60 Express (quarterly newsletter) and protection of assignments due to the devastation from Hurricane Sandy. Local 60 has approximately 1,100 members working as conductors and assistant conductors operating more than 700 weekday passenger trains over ten rail lines, including Amtrak’s Northeast Corridor.

Celebrating Pat Reilly’s retirement, from left, are retired conductor and uncle Jack Reilly (42 years of service),
retired General Chairperson Pat Reilly, General Chairperson Mike Reilly and former member and brother, Brian Reilly.

Local 243, Fort Worth, Texas
Retired member James “Hoppie” Lillard invites all active and retired railroaders in the Granbury, Texas, area to join the Granbury Railroader Club, which meets the first Monday of each month at 11:30 a.m. at the Spring Creek Barbeque in Granbury. The club is beginning its third year of regular gatherings and is open to all crafts. Also, Local 243 webmaster Steve Cline reminds all members that the local has a new website at www.utu243.org and that BNSF GO 393 General Committee of Adjustment has a website at http://utu393.org.
Local 313, Grand Rapids, Mich.
Kelsey Gibson, 21, daughter of Michigan State Legislative Jerry Gibson and his wife, Carmella, was seriously injured the morning of Jan. 29 in an automobile accident. A student at Grand Valley State University and recently engaged to be married, Kelsey was driving a Ford Escape when she was broadsided by a pickup truck in heavy fog. She remains hospitalized and in a coma. A fund for the Gibson family has been established at Fifth Third Bank. Send donations, payable to “FBO Kelsey Gibson,” with #7168002785 on the memo line, to: Stephanie Hickox, Fifth Third Bank, 3980 Alpine Ave., Comstock Park, MI 49321. “The doctors have told Jerry and Carmella that Kelsey is in for a long fight. There will be a lot of missed work and family expenses to be met,” said Local Treasurer Don Silseth. “If you can donate one day of pay, one half-day of pay, one hour of pay, great. If you can offer continued prayers, great. It’s all needed and appreciated.”
Local 587, Greenfield, Mass.
Local Chairperson James C. Falandes reports that long-time member and engineer James C. Dunn died Feb. 2 after a courageous battle with cancer. Survivors, in addition to his mother, include wife of 42 years, Beverly, his daughter and son-in-law, Sheristin and John Tedesco, and his beloved grandson, Johnny.
Local 1081, Glendale, Ariz.
BNSF Engineer and Local President Tommy G. Pate, who has served as both secretary and vice general chairperson of BNSF GO 20 General Committee of Adjustment, has been elected to the office of general chairperson following the elevation of former General Chairperson John England to the office International vice president. He assumed office Feb. 15. Since hiring out in 1978, Pate has also held the local union offices of treasurer and local chairperson. “Tom has been an active member of Local 1081 and played an important role in re-establishing the ‘E’ committee in the Phoenix area,” said Local Chairperson and Secretary Glenn Bay. “The members of Local 1081 applaud Tom on his achievements and wish him the best in his new endeavor.”
Local 1951, Albany, N.Y.
Vice Local Chairperson Michael Doherty will be running in his 10th Boston Marathon April 15 to raise money and awareness for the Dana-Farber Cancer Institute. Doherty, who serves as a board member of the Dana Farber Marathon Challenge, said more than 500 runners are participating in support of the institute. “Over the past 10 years, I have raised more than $70,000, including $4,000 so far this year. My goal for this year is $10,000,” Doherty said. “My wife is a cancer survivor and my father has been winning his battle with cancer for the past four years. Also, two of my yardmaster brothers were just recently diagnosed with the disease.” Tax-deductible donations payable to “DFMC” can be mailed to Michael Doherty, 76 Pike St., Tewksbury, MA 01876, or can be made online at www.runDFMC.org/2013/miked.
N.D. ‘Spring Swing’ meeting location changes
All active and retired members of North Dakota locals will have the opportunity to visit with UTU International and general committee officers and representatives from the Railroad Retirement Board, health-and-welfare benefit providers and designated legal counsel at a series of informational meetings from April 16-18.
UTU members in the area should note that the location of the April 17 meeting hosted by Local 525 has been changed. See the information below.
Members and their spouses are welcome to attend any of the three Spring Swing meetings, according to State Legislative Director Jim Chase.
“These meetings represent the best opportunity of the year to interact with UTU members from across North Dakota and western Minnesota,” Chase said. For further information, call (701) 223-0061 or send email to utu4nd@gmail.com.

  • Tuesday, April 16, Locals 887, 980, 1137; 1 p.m. meeting followed by free lunch at the Fargo Howard Johnson Inn.
  • Wednesday, April 17, Local 525; 2 p.m. meeting followed by free lunch at the Hilton Garden Inn, 4301 James Ray Dr. in Grand Forks, N.D., (701) 755-6000.
  • Thursday, April 18, Local 1059; 1 p.m. meeting followed by a 6 p.m. social and 7 p.m. retirement banquet at the Minot Vegas Motel.

All active and retired members of North Dakota locals will have the opportunity to visit with UTU International and general committee officers and representatives from the Railroad Retirement Board, health-and-welfare benefit providers and designated legal counsel at a series of informational meetings from April 16-18.
UTU members in the area should note that the location of the April 17 meeting hosted by Local 525 has been changed. See the information below.
Members and their spouses are welcome to attend any of the three Spring Swing meetings, according to State Legislative Director Jim Chase.
“These meetings represent the best opportunity of the year to interact with UTU members from across North Dakota and western Minnesota,” Chase said. For further information, call (701) 223-0061 or send email to utu4nd@gmail.com.
•Tuesday, April 16, Locals 887, 980, 1137; 1 p.m. meeting followed by free lunch at the Fargo Howard Johnson Inn.
•Wednesday, April 17, Local 525; 2 p.m. meeting followed by free lunch at the Hilton Garden Inn, 4301 James Ray Dr. in Grand Forks, N.D., (701) 755-6000.
• Thursday, April 18, Local 1059; 1 p.m. meeting followed by a 6 p.m. social and 7 p.m. retirement banquet at the Minot Vegas Motel.

JEFFERSON CITY — After steadfast opposition from Democratic senators, the Missouri Senate gave first-round approval early Tuesday morning to a bill that would require public employee unions to seek annual consent in order to automatically deduct fees from members’ paychecks.

The final measure was the product of a compromise forged after a nearly eight hours of opposition from Senate Democrats. The original measure would have banned paycheck deductions outright for some unionized public employees.

Read the complete story at The Kansas City Star.

 

Click here to see a brochure that was mailed and emailed to all active and retired members in Maine and Wisconsin.

Members in those states, as well as anyone concerned with the preservation of good-paying railroad jobs, should contact Representatives Michaud and Ribble and ask that this legislation be tabled.

WASHINGTON, DC—Transportation Trades Department, AFL-CIO (TTD) President Edward Wytkind issued this statement applauding the Senate for including surface transportation bill (MAP-21) funding levels in its FY 2013 appropriations package (UTU-SMART is a member of the TTD):

“The Senate has wisely rejected the irresponsible cuts to mass transit and highways in the House Continuing Resolution (CR) funding bill, deciding instead to live up to the investment levels embodied in the MAP-21 reauthorization bill completed just nine months ago.

“Our roads and bridges are suffering from disrepair and transit budgets have been devastated at a time when more Americans than ever are riding public transportation. And while MAP-21 did not go far enough to protect the Highway Trust Fund from insolvency, it was a bipartisan bill that recognized the importance of these investments to our economy and job creation.

“The House version must be rejected – it would undo the progress from MAP-21, threaten good jobs and roll back spending to unacceptable levels. Let’s keep the promises made in MAP-21 and enact the Senate transit and highway funding levels.”

Retired former CSX (B&O) General Chairperson John T. “Terry” Reed, 71, died March 5.
Funeral services will be held March 11 at 1 p.m. at Floral Hills Memorial Gardens and Funeral Home at 5336 Old Taylor Mill Rd. in Taylor Mill, KY 41015.
The services will be preceded by a visitation at 11 a.m. and followed by a luncheon at 1:30 p.m. The funeral home’s telephone number is (859) 356-2151 and additional information can be found at the funeral home’s website at floralhillsmemorialgardens.com.
A private service for family and pall bearers will be held at 1:45 p.m.
Reed, a member of Local 14 at Cincinnati, Ohio, began his railroading career with the Baltimore & Ohio Railroad in Cincinnati on June 4, 1966.
He was accepted for membership by UTU predecessor Brotherhood of Railroad Trainmen later that year and maintained 37 years of continuous membership. He became active in the affairs of Local 1517 (later merged with Local 14) and was elected local chairperson in 1971 and served in that capacity until 1987. He also served as the local’s delegate at four UTU International conventions.
Prior to being elected as CSX (B&O) GO 49 general chairperson in 1992, he had served as both secretary and vice general chairperson of the general committee.
Reed was appointed to the UTU’s national negotiating committee in 1994 and 1999 and to the union’s national health and welfare agreement negotiating committee in 2002. He also served on the UTU wages and rules panel in 1996 and 2002.
Reed is survived by his wife, Phyllis, daughter and son-in-law, Melody and Alex Warner, and three grandchildren.
Flowers may be sent to the funeral home through the funeral home’s website.

On March 7, 2013, the organization was advised by the U.S. Department of Labor that they are instituting an investigation concerning the Voluntary Short-Term Disability policy we have through Anthem.

While the Department of Labor did not provide the full nature of its investigation, we intend to cooperate to make sure that the facts are fully developed.

 

 

Mike Futhey
President, SMART Transportation Division 

General Electric Co. (GE) and Caterpillar Inc. (CAT), the world’s largest locomotive makers, are rushing to develop natural gas-powered models in a potential shift from diesel’s six decades as the fuel of choice for railroads.

Three of the biggest U.S. rail carriers — Berkshire Hathaway Inc. (BRK/A)’s Burlington Northern Santa Fe LLC, Union Pacific Corp. (UNP) and Norfolk Southern (NSC) Corp. — are working with manufacturers on using gas as an alternative power source for freight trains. CSX Corp. is studying the technology.

Read the complete story from Bloomberg.

The Federal Railroad Administration has published a final rule, effective May 6, 2013, adding certain non-controlled substances with potentially impairing side effects to its standard post-accident testing panel. 

This rule will enact the addition of over-the-counter, legal drugs, (uncontrolled) such as Tramadol and a variety of sedating antihistamines, to the panel of drugs being tested for in post-accident testing only (not in random testing).

The FRA will not include the results of this testing in post-accident reports, nor release its results to the railroads or tested employees. It is being used, according to the FRA, to conduct research studies on the effects these non-controlled substance may have on accidents and incidents in the rail industry, among affected railroad workers.

The FRA believes that the use or abuse of these substances is a possible contributing factor in rail accidents and incidents, and its hoping that this rule by itself will deter the use, misuse or abuse of some non-controlled substances.

Employees may authorize a release of the tests’ results to themselves and their employer by giving permission, however, the FRA did not specify what form of communication constitutes “permission by the employee.” Therefore, it is important that UTU members be aware that releasing these test results is purely voluntary and that anyone coercing them to do so, orally, in writing or by any other means, may be subject to action by the affected employee in legal or administrative venues. 

SMART Transportation Division National Legislative Director James Stem noted that the UTU, along with others in rail labor, filed official comments with FRA’s Director of Drug and Alcohol Programs, Lamar Allen, opposing the rule.

Local officers are requested to post this information and inform UTU members at the union meetings and in briefings as appropriate.

Questions regarding this matter may be directed to the UTU’s national legislative office.

To review the final rule, click here. 

Employers and employees covered by the Railroad Retirement Act pay higher retirement taxes than those covered by the Social Security Act, so that railroad retirement benefits remain higher than social security benefits, especially for career employees.

The following questions and answers show the differences in railroad retirement and social security benefits payable at the close of the fiscal year ending Sept. 30, 2012. They also show the differences in age requirements and payroll taxes under the two systems.

1. How do the average monthly railroad retirement and social security benefits paid to retired employees and spouses compare?

The average age annuity being paid by the Railroad Retirement Board (RRB) at the end of fiscal year 2012 to career rail employees was $2,975 a month, and for all retired rail employees the average was $2,365. The average age retirement benefit being paid under social security was over $1,235 a month. Spouse benefits averaged $880 a month under railroad retirement compared to $590 under social security.

The Railroad Retirement Act also provides supplemental railroad retirement annuities of between $23 and $43 a month, which are payable to employees who retire directly from the rail industry with 25 or more years of service.

2. Are the benefits awarded to recent retirees generally greater than the benefits payable to those who retired years ago?

Yes, because recent awards are based on higher average earnings. Age annuities awarded to career railroad employees retiring at the end of fiscal year 2012 averaged nearly $3,510 a month while monthly benefits awarded to workers retiring at full retirement age under social security averaged some $1,750. If spouse benefits are added, the combined benefits for the employee and spouse would total $4,890 under railroad retirement coverage, compared to $2,625 under social security. Adding a supplemental annuity to the railroad family’s benefit increases average total benefits for current career rail retirees to over $4,920 a month.

3. How much are the disability benefits currently awarded?

Disabled railroad workers retiring directly from the railroad industry at the end of fiscal year 2012 were awarded almost $2,900 a month on the average while awards for disabled workers under social security averaged about $1,190.

While both the Railroad Retirement and Social Security Acts provide benefits to workers who are totally disabled for any regular work, the Railroad Retirement Act also provides disability benefits specifically for career employees who are disabled for work in their regular railroad occupation. Career employees may be eligible for such an occupational disability annuity at age 60 with 10 years of service, or at any age with 20 years of service.

4. Can railroaders receive benefits at earlier ages than workers under social security?

Railroad employees with 30 or more years of creditable service are eligible for regular annuities based on age and service the first full month they are age 60, and rail employees with less than
30 years of creditable service are eligible for regular annuities based on age and service the first full month they are age 62.

No early retirement reduction applies if a rail employee retires at age 60 or older with 30 years of service and his or her retirement is after 2001, or if the employee retired before 2002 at age 62 or older with 30 years of service.

Early retirement reductions are otherwise applied to annuities awarded before full retirement age, the age at which an employee can receive full benefits with no reduction for early retirement. This ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later, the same as under social security.

Under social security, a worker cannot begin receiving retirement benefits based on age until age 62, regardless of how long he or she worked, and social security retirement benefits are reduced for retirement prior to full retirement age regardless of years of coverage.

5. Does social security offer any benefits that are not available under railroad retirement?

Social security does pay certain types of benefits that are not available under railroad retirement. For example, social security provides children’s benefits when an employee is disabled, retired or deceased. Under current law, the Railroad Retirement Act only provides children’s benefits if the employee is deceased.

However, the Railroad Retirement Act includes a special minimum guaranty provision that ensures that railroad families will not receive less in monthly benefits than they would have if railroad earnings were covered by social security rather than railroad retirement laws. This guaranty is intended to cover situations in which one or more members of a family would otherwise be eligible for a type of social security benefit that is not provided under the Railroad Retirement Act. Therefore, if a retired rail employee has children who would otherwise be eligible for a benefit under social security, the employee’s annuity can be increased to reflect what social security would pay the family.

6. How much are monthly benefits for survivors under railroad retirement and social security?

Survivor benefits are generally higher if payable by the RRB rather than social security. At the end of fiscal year 2012, the average annuity being paid to all aged and disabled widow(er)s averaged $1,415 a month, compared to $1,165 under social security.

Benefits awarded by the RRB at the end of fiscal year 2012 to aged and disabled widow(er)s of railroaders averaged nearly $1,845 a month, compared to almost $940 under social security.

The annuities being paid at the end of fiscal year 2012 to widowed mothers/fathers averaged $1,700 a month and children’s annuities averaged $980, compared to $890 and $785 a month for widowed mothers/fathers and children, respectively, under social security.

Those awarded at the end of fiscal year 2012 averaged $1,640 a month for widowed mothers/fathers and $1,215 a month for children under railroad retirement, compared to $840 and $770 for widowed mothers/fathers and children, respectively, under social security.

7. How do railroad retirement and social security lump-sum death benefit provisions differ?

Both the railroad retirement and social security systems provide a lump-sum death benefit. The railroad retirement lump-sum benefit is generally payable only if survivor annuities are not immediately due upon an employee’s death. The social security lump-sum benefit may be payable regardless of whether monthly benefits are also due. Both railroad retirement and social security provide a lump-sum benefit of $255. However, if a railroad employee completed 10 years of creditable railroad service before 1975, the average railroad retirement lump-sum benefit payable is $995. Also, if an employee had less than 10 years of service, but had at least 5 years of such service after 1995, he or she would have to have had an insured status under social security law (counting both railroad retirement and social security credits) in order for the $255 lump-sum benefit to be payable.

The social security lump sum is generally only payable to the widow(er) living with the employee at the time of death. Under railroad retirement, if the employee had 10 years of service before 1975, and was not survived by a living-with widow(er), the lump sum may be paid to the funeral home or the payer of the funeral expenses.

8. How do railroad retirement and social security payroll taxes compare?

Railroad retirement payroll taxes, like railroad retirement benefits, are calculated on a two-tier basis. Rail employees and employers pay tier I taxes at the same rate as social security taxes, 7.65 percent, consisting of 6.20 percent for retirement on earnings up to $113,700 in 2013, and
1.45 percent for Medicare hospital insurance on all earnings. Beginning in 2013, an additional
0.9 percent in Medicare taxes (2.35 percent in total) will be withheld from employees on earnings above $200,000.

In addition, rail employees and employers both pay tier II taxes that are used to finance railroad retirement benefit payments over and above social security levels.

In 2013, the tier II tax rate on earnings up to $84,300 is 4.4 percent for employees and 12.6 percent for employers.

9. How much are regular railroad retirement taxes for an employee earning $113,700 in 2013 compared to social security taxes?

The maximum amount of regular railroad retirement taxes that an employee earning $113,700 can pay in 2013 is $12,407.25, compared to $8,698.05 under social security. For railroad employers, the maximum annual regular retirement taxes on an employee earning $113,700 are $19,319.85, compared to $8,698.05 under social security. Employees earning over $113,700, and their employers, will pay more in retirement taxes than the above amounts because the Medicare hospital insurance tax is applied to all earnings.