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Barrilleaux

Alternate International Vice President Larry Barrilleaux, 61, has retired, effective Jan. 15.

A member of Local 1836 at New Orleans, Barrilleaux began his railroad career in 1973 as a switchman on Texas Pacific/Missouri Pacific Railroad in New Orleans, La.

In 1975, he was elected secretary of General Committee GO TMP.

He attended Delgado Community College and received an associate degree in business administration in 1980.

Barrilleaux was elected to various offices in Local 1880 before being appointed vice chairperson in 1993. In 1995, he was elected general chairperson of GO TMP for switchmen at the New Orleans Terminal on Union Pacific Railroad.

Barrilleaux participated in negotiations from 1996 to 1998 to protect union members during the merger of the Union Pacific Railroad with the Southern Pacific Railroad, and the subsequent merging of Local 1880 into Local 1836.

Has served as local legislative representative for his local since 1998.

In 1999, he attended The National Labor College in Silver Springs, Md., for training in union organizing. He worked on a successful organizing campaign in 1999 on the Louisiana & Delta Railroad in south Louisiana.

“I have enjoyed working for the UTU and I sincerely appreciate the support provided to me during my years as part of the organization,” Barrilleaux said. “While I look forward to enjoying my retirement, I will miss being a part of our team and the organization.”

UTU International President Mike Futhey commended Barrilleaux’s service to his fellow workers and to the UTU. 

More than 50 UTU members turned out Jan. 15 to participate in an informational picket of Progressive Rail, Inc., outside the company’s Lakeville, Minn., headquarters.

Those members from UTU Locals 64 (Huron, S.D.), 650 (Minneapolis, Minn.), 911 (Minneapolis, Minn.), 1000 (Minneapolis, Minn.) and 1614 (St. Paul, Minn.) were there in a show of solidarity with their fellow members employed by the company.

Photo Credit: Workday Minnesota

UTU Minnesota State Legislative Director Phil Qualy said railroad workers employed by Progressive Rail, Inc., chose to organize and joined the UTU in 2010. The union reached an agreement with PRI in February 2012.

According to Qualy, UTU members employed by PRI were awarded a 15% pay increase over five years, seniority rights, arbitration-process rights, scope rules and recognition under the Railway Labor Act following their first contract.

Since the initial certification by 11 of 12 PRI workers, PRI management has fired or retaliated against eight of those UTU members, Qualy said. PRI replaced them with anti-union employees and has not collected union dues from them, nor has it allowed union communications on the property.

Qualy also said that since the ratification of the 2012 agreement, PRI managers have created a sham union with former Dakota, Minnesota & Eastern anti-union scab workers and a quasi-carrier officer and that the National Mediation Board has approved a representation election between the UTU and the PRI management organization on Jan. 29, 2013. 

“As the UTU’s Minnesota state legislative director, I want to extend my highest compliments to our local UTU officers,” Qualy said. “With their assistance, we had numerous UTU/SMART members who had never stood in solidarity on a picket line before experience the strength of fraternalism and activism.”

Qualy also thanked UTU International Executive Board member Phil Craig and UTU International Organizer W.W. Lain for their participation and counsel throughout this effort.

“We show up and support our guys,” Qualy said. “It doesn’t matter if it’s 1,000 members or it’s one member, we’re going to stand as the UTU for our brothers and sisters.”

PRI is a shortline subsidiary of the Canadian Pacific Railway.

Corey Plath, president of UTU Local 911, representing workers at Progressive Rail, talks to workers on the informational picket line. Photo Credit: Union Advocate.

 

Stewart Howe (left) and Mike Bargmann are appealing Progressive Rail’s grounds for firing them last year. Photo Credit: Union Advocate.

The UTU joined other affiliates of the Transportation Trades Department of the AFL-CIO on Jan. 14 in submitting comments on the Federal Motor Carrier Safety Administration’s (FMCSA) Notice of Proposed Rulemaking (NPRM) on Patterns of Safety Violations by Motor Carrier Management. 

Bus operators that blatantly and repeatedly disregard federal safety laws should have their operating authority revoked or suspended, the TTD said in its comments.

“With the rise of unsafe bus carriers that under previous Administrations managed to evade federal safety regulators, we have made it a priority to remove bad actors in the bus industry from our roads,” the TTD said. “This crack down will lead to safer bus transportation for the American people.”

The proposed rule sets procedures to suspend or revoke the operating authority of bus carriers that demonstrate a pattern of willful disregard for safety regulations, and establishes stiffer penalties for noncompliance. The rule also goes after those ordered out-of-service by the DOT from simply re-applying for operating authority under a new name, a common practice according to FMCSA Administrator Anne Ferro.

The TTD and its affiliates have long argued for increasing enforcement of federal safety regulations and cracking down on motor carriers that try to evade compliance.

In May 2012, the FMCSA ordered 26 curbside bus operators (those that pick up and drop off on city streets, not from an established bus terminal) to discontinue service because of their threat to public safety. FMCSA found that each carrier had committed several offenses.

Transportation Secretary Ray LaHood and Administrator Ferro have demonstrated that improving transportation safety has been the top priority on their watch, particularly by proposing rules that will strengthen operating and enforcement standards and ensure that unsafe bus operators are taken off the road.

Besides the UTU, the TTD represents 30 other affiliated unions, including several that represent workers who operate over-the-road buses and other commercial motor vehicles.

To read the TTD’s complete comments, click here.

OSHA logo; OSHAWASHINGTON — The U.S. Department of Labor’s Occupational Safety and Health Administration has signed an accord with BNSF Railway Co. announcing BNSF’s voluntary revision of several personnel policies that OSHA alleged violated the whistleblower provisions of the Federal Railroad Safety Act and dissuaded workers from reporting on-the-job injuries.

FRSA’s Section 20109 protects railroad workers from retaliation for, among other acts, reporting suspected violations of federal laws and regulations related to railroad safety and security, hazardous safety or security conditions, and on-the-job injuries.

“This is a tremendous victory for UTU members and all railroad workers employed by BNSF,” said UTU International President Mike Futhey. “The Obama administration’s efforts to stop the harassment and intimidation of employees concerned about safety in the workplace is a win for all workers. It is just one of the reasons why this union supported President Obama’s reelection.”

The major terms of the accord include:

•Changing BNSF’s disciplinary policy so that injuries no longer play a role in determining the length of an employee’s probation following a record suspension for a serious rule violation. As of Aug. 31, 2012, BNSF has reduced the probations of 36 employees who were serving longer probations because they had been injured on-the-job.

•Eliminating a policy that assigned points to employees who sustained on-the-job injuries.

•Revising a program that required increased safety counseling and prescribed operations testing so that work-related injuries will no longer be the basis for enrolling employees in the program. As part of the negotiations leading up to the accord, BNSF removed from the program approximately 400 workers.

•Instituting a higher level review by BNSF’s upper management and legal department for cases in which an employee who reports an on-duty personal injury is also assessed discipline related to the incident giving rise to the injury.

•Implementing a training program for BNSF’s managers and labor relations and human resources professionals to educate them about their responsibilities under the FRSA. The training will be incorporated into BNSF’s annual supervisor certification program.

•Making settlement offers in 36 cases to employees who filed whistleblower complaints with OSHA alleging they were harmed by one or more of the company’s previous policies.

“Protecting America’s railroad workers who report on-the-job injuries from retaliation is an essential element in OSHA’s mission. This accord makes significant progress toward ensuring that BNSF employees who report injuries do not suffer any adverse consequences for doing so,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

“It also sets the tone for other railroad employers throughout the U.S. to take steps to ensure that their workers are not harassed, intimidated or terminated, in whole or part, for reporting workplace injuries.”

“Ensuring that employees can report injuries or illnesses without fear of retaliation is crucial to protecting worker safety and health,” said Michaels. “If employees do not feel free to report injuries or illnesses, the employer’s entire workforce is put at risk because employers do not learn of and correct dangerous conditions that have resulted in injuries.”

To review the accord between OSHA and BNSF, click here.

Members covered by Aetna, Highmark Blue Cross Blue Shield or UnitedHealthcare seeking information about treatment options, chronic conditions or answers to other health-related questions can call a “nurse line” for answers 24 hours a day, every day.

This free service can help you with losing weight, managing stress, quitting tobacco and much more. More importantly, the nurse line offers you information, motivation, encouragement, and the one-on-one support that can make a real difference in your health: to stay well, get well or manage a health condition.

You or one of your dependents can call your plan’s nurse line for:

1. Learn about any health topic that concerns you;

2. Change a behavior, like smoking or overeating, that affects your overall health;

3. Gather information about a recent diagnosis;

4. Learn about symptoms for certain illnesses and diseases;

5. Find out about your medications;

6. Understand an upcoming test or procedure;

7. Make an informed medical or surgical health care decision;

8. Follow through with a treatment plan;

9. Manage a chronic condition, like asthma or diabetes, more effectively;

10. Understand treatment options;

11. Learn how to handle symptoms to avoid emergency room visits;

12. Find ways to reduce risks associated with the condition. 

To take advantage of this valuable resource, simply call the number on the back of your medical identification card anytime, or refer to the numbers below:Aetna: (800) 556-1555

Highmark Blue Cross Blue Shield: (888) BLUE-428

UnitedHealthcare: (866) 735-5685

Solis

The White House has confirmed today that Labor Secretary Hilda Solis will not return for President Barack Obama’s second term.

Prior to her confirmation as Secretary of Labor, Solis served as a member of Congress, representing the 32nd Congressional District in California from 2001 to 2009.

During her time in Congress, Solis’ priorities included expanding access to affordable health care, protecting the environment and improving the lives of working families.

In a statement, Obama called Solis “a tireless champion for working families.”

“Over the last four years, Secretary Solis has been a critical member of my economic team as we have worked to recover from the worst economic downturn since the Great Depression and strengthen the economy for the middle class,” he said.

“Her efforts have helped train workers for the jobs of the future, protect workers’ health and safety and put millions of Americans back to work.”

The deadline for applying for a Union Plus scholarship is Thurs., Jan. 31.

Scholarship amounts range from $500 to $4,000. These one-time cash awards are for study beginning in fall of 2013. Students may re-apply each year.

For complete details click here.

By John Previsich, 
UTU Assistant President/ GS&T – 

Discipline in the railroad industry is a curious business. I recall that when I first hired out, I was proud of my new employment. The railroad had selected me over other well-qualified applicants, and I was sent to school and provided extensive on-the-job training before being allowed to mark up.

I thought the railroad that hired and trained me actually valued a good, responsible employee who was loyal to the company and who wanted to give a fair day’s work for a fair day’s pay.

And then I marked up. On my first trip for pay, we saw a burning fusee very close to the rail on the outside of the curve. Thanks to the engineer, we stopped short of the burning fusee, with plenty of room to spare. Nonetheless, two company officers climbed on board and told us we got lucky this time, but maybe next time the fusee would be a little harder to see or some other more difficult test might be coming our way. There was not a word of praise for the heads-up performance of the engineer or a welcome aboard to the new guy.

After the officers left, I asked the engineer what that was all about. He said those were the local managers and they were forced by their supervisors to perform a number of efficiency tests each month and that some portion of those tests were required to be failures — that some superintendents actually required a number of dismissals to ensure all of the other employees “got the message”.

He said if a manager refused to comply with the requirements, that manager would be looking for another job real soon – that managers sometimes were under pressure to produce test failures and dismissals without regard for the positive performance of the employees.

When asked how he knew about such matters, the engineer said he had been one of those managers, and as a result of his refusal to comply with such directives, he had been released back to the ranks. I shared my thoughts about having a good relationship with the company and that throughout the entire employment and training process all involved stressed repeatedly how much the company valued me and wanted to keep me around. The engineer said, “Kid, those were the guys who hired you and you won’t see them ever again. These are the guys that want to fire you, and they will be in your face every day until they are successful.”

That exchange occurred more than 30 years ago, and I never was fired. But I did become a union officer, and learned a great deal about how things work in a command and control environment.

To learn more about the UTU Discipline Income Protection Plan, click on the following link:

https://www.smart-union.org/td/dipp/

By Bonnie Morr
Vice President, Bus Department – 

Sen. Patty Murray, a Democrat from Washington State, is the new chairperson of the Senate Budget Committee, which makes decisions on how much of the annual federal budget is available for transit.

As chairperson, Sen. Murray will set the agenda and tone of Senate Budget Committee hearings and have substantial influence on committee’s Democratic majority.

We know Sen. Murray as a strong proponent of transportation investments, and a friend of organized labor. One Capitol Hill insider commented that being committee chairperson “will put her in a very powerful position to craft the entire federal budget.” A veteran Seattle transportation journalist said Sen. Murray has a 20-year history in the Senate of supporting federal transportation appropriations for local transportation projects.

Sen. Murray has consistently won endorsements from the UTU, and National Legislative Director James Stem and Alternate National Legislative Director John Risch have a close working relationship with her and her senior staff.

In this era of tight federal budgets and assaults on transit funding by conservative lawmakers, we will depend on labor friendly and transit friendly lawmakers such as Sen. Murray to defend and advance funding for local, state, regional and national transit funding.

November elections increased the number of labor-friendly members of the Senate and the House, and much of the credit goes to UTU members who contributed to the UTU PAC and who participated in get-out-the-vote drives nationwide.

Amtrak LogoThe U.S. Senate has confirmed Christopher R. Beall and Yvonne Brathwaite Burke as new members of the Amtrak Board of Directors for five-year terms.

Beall, of Oklahoma, is a partner at Highstar Capital, an infrastructure investment firm specializing in the transportation, environmental services and energy sectors. Previously, Beall was chief financial officer for Aslan Group, and an associate with a natural resources division of Lehman Brothers. He earned an undergraduate  degree in mechanical engineering from Oklahoma State University and a master’s in business administration from Harvard.

Burke, of California, a former member of the U.S. House of Representatives and the California Assembly, currently is a member of the California Transportation Commission. She previously served on the Los Angeles County Board of Supervisors while a partner at the law firm of Jones Day. Burke earned an undergraduate degree from the University of California, Los Angeles, and a law degree from the University of Southern California School of Law.

Other members of the Amtrak board include Chairman Thomas C. Carper, Vice Chairperson Nancy A. Naples, Transportation Secretary Ray LaHood, Amtrak CEO Joseph Boardman, Anthony R. Coscia, Bert Di Clemente, and former BNSF Vice President Jeffrey Moreland.