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NMB logo; National Mediation BoardWASHINGTON – Nicholas C. Geale, a Republican staff member of the Senate Health, Education and Labor Committee, was nominated by President Obama Dec. 17 to be a member of the National Mediation Board, which administers the Railway Labor Act affecting railroads and airlines.

If confirmed by the Senate, Geale would take the now vacant Republican seat on the three-person NMB — the two Democratic seats currently being held by Harry Hoglander and Linda Puchala. The Republican seat had been held by Elizabeth Dougherty, who voluntarily departed the agency earlier this year following expiration of her term.

Hoglander holds an expired seat and is awaiting Senate reconfirmation to a fourth term on the NMB, having been renominated by President Obama in May 2011. The law permits NMB members to continue serving, following expiration of their term, until a successor is confirmed or they are reconfirmed. Typically, Republican and Democratic nominees are paired for confirmation. Previously, Republican nominee Thomas Beck withdrew his name after the Senate failed to take action on his nomination.

If the Senate fails to act on these nominations (Geale and/or Hoglander) prior to Dec. 31, the president would have to make new nominations when the new Congress is seated in 2013.

Geale currently is director of oversight and investigations for Republicans on the Senate Health, Education and Labor Committee, a position he has held since 2011 when appointed by Sen. Mike Enzi (R-Wyo.). Previously, Geale was counsel to the Republican members of the committee. He has also served as counsel to the deputy secretary of labor during the George W. Bush administration, and as an assistant general counsel with the Washington Metropolitan Area Transit Authority. He earned a law degree from Georgetown University.

Amtrak LogoUTU Amtrak conductors and yardmasters are currently in mediation with regard to an amended wage, benefits and working conditions agreement.

The UTU and Amtrak are far apart on a few difficult issues.

At this time, the parties are exploring alternative methods of interest-based resolution. This may or may not work. The UTU and Amtrak have an accelerated schedule with dates in January.

It will be known at the end of these sessions whether this approach has any hope of success, or if it will be necessary to go down the traditional path of self-help under provisions of the Railway Labor Act.

Train and engine service employees on Birmingham Terminal Railway – a Watco property – have voted to be represented by the SMART Transportation Division.

Rich Ross, SMART Transportation Division’s director of organizing, thanked Alabama State Legislative Director Neil Elders and International organizers Mike Lewis and Calvin Studivant for their efforts. Also assisting in the organizing drive were Local 622 Chairperson Justin Humphries and Local 622 Vice Local Chairperson Jacob Lane, whom Ross praised for “their dedication and hard work during this campaign.” Ross also thanked International staff member Cara McGinty for her assistance.

Formerly known as Birmingham Southern Railroad, the 76-mile line provides service to more than 30 customers in the Birmingham, Ala., region, and connects with BNSF, CSX and Norfolk Southern.

OSHA logo; OSHAThe Federal Aviation Administration has issued a proposed policy statement to establish the extent to which OSHA regulations may apply to flight attendants onboard an aircraft in operation.

An FAA-OSHA memorandum of understanding (MOU) previously established a team to identify factors to be considered when determining when OSHA standards may apply to employees on aircraft in operation.

Section 829 of the FAA Modernization and Reform Act of 2012 instructed the FAA to develop this proposed policy statement setting forth circumstances in which OSHA requirements may be applied to aircraft crewmembers.

The proposed policy statement, subject to amendment following a public comment period, says that because the FAA does not have regulations addressing certain issues, OSHA’s hazard communication, blood-borne pathogens and hearing conservation standards can be applied to the working conditions of flight attendants onboard an aircraft in operation.

The proposed policy statement defines an aircraft “in operation” from the time the first crewmember boards the aircraft to when the last crewmember leaves the aircraft after completion of the flight. The FAA notes that in another MOU, the FAA and OSHA will establish procedures that can be used to identify other conditions where OSHA requirements would apply while ensuring that such requirements would not negatively affect safety.

To read the proposed policy statement, click on the following link:

http://www.gpo.gov/fdsys/pkg/FR-2012-12-07/pdf/2012-29631.pdf

By Assistant President John Previsich

We all know that drug and alcohol use can have a negative impact on users, fellow employees and the transportation industry.

That said, it must be emphasized that SMART members are to be commended for setting a compliance standard that places our airline, bus and rail members as leaders, second to none, in striving to achieve the drug and alcohol-free workplace that is essential to the safe and effective operation of our nation’s trains, planes and buses.

Data show that our members take very seriously the responsibilities of their employment – the incident-free transport of passengers and freight and the safety of co-workers and the public with whom we interact on a daily basis.

We do, however, see occasional spikes that are cause for concern. Although infrequent, our attention is too often drawn to the needs of a member who has failed a drug or alcohol test or who is in need of assistance due to personal struggles with substance abuse.

Sometimes it is an experienced worker who made an error in judgment. Other times, it is a newly hired employee who may be coping with personal issues. Longer term employees may remember a time, just like in society as a whole, that tolerances were different than they are today. But society has moved on, and so has our industry. There is no place in today’s transportation business for drug or alcohol use in violation of federal regulations or company policy.

We are all aware of the challenges we face daily — from unpredictable work requirements and unscheduled (or non-existent) off-days to being on-call 24/7. The ability to balance work and off time can be difficult, at best, if not downright impossible at times.

Poorly conceived availability policies often put pressure on employees to report for service at times they shouldn’t, and the absence of meaningful RedBlock-type programs on many carriers leave the employee who received the surprise call no choice but to report for service or be disciplined for laying off on the call. The industry needs to change and you can rest assured that your union is doing everything to promote that change in the quickest way possible, both at the local and national levels.

Our message to members who decide to experiment casually with illegal use of drugs, or with alcohol or legal use of drugs in a manner that conflicts with the requirements of their employment is one word – DON’T!

For a member who struggles with compliance, we strongly encourage you seek help immediately. Dependency is a medical issue and there are many avenues available to you. From utilization of your health plan for professional assistance, to family, friends, church and co-workers, help is just a phone call away. Please make that call now – the safety of you and your co-workers, your job and even the economic security of your family depends on it.

amtrak locomotive; amtrak car; amtrakAmtrak Board Chairman Tom Carper has won endorsement from Senate Majority Leader Dick Durbin (D-Ill.) for renomination by President Obama. That nomination would require Senate confirmation.

Carper, a former mayor of McComb, Ill., has served on the Amtrak board since March 2008 and has been its chairman since January 2009.

Said Durbin in his letter to Obama, “Amtrak has made incredible progress under Chairman Carper’s leadership. Amtrak has broken all-time records for ridership, revenue and on-time performance during his tenure. Amtrak has also reduced costs significantly; outstanding debt has been reduced by over $1 billion and operating subsidies have been reduced by nearly $100 million.

“Chairman Carper has also helped under a new spirit of cooperation with Amtrak employees,” wrote Durbin to the president. “As you know, Tom Carper shares your vision to bring the next generation of high speed passenger rail to the United States. I believe nominating and confirming Tom Carper to another term on the Amtrak Board of Directors will help move us closer to achieving this vision.”

When Carper was confirmed to his first term on the Amtrak board in 2008, former UTU Illinois State Legislative Director Joe Szabo – now the federal railroad administrator – said Carper had a history of supporting expansion of rail passenger service in Illinois. “Tom comes to Amtrak with a level of experience and grounding in passenger rail that far exceeds that of the typical Amtrak board appointee, and his understanding of Amtrak’s political environment is second to none,” Szabo said at the time.

PAULSBORO, N.J. — A signal  problem and/or a bridge-locking defect may have been contributing factors in a Conrail bridge collapse and CSX train derailment here Nov. 30. Paulsboro is some 20 miles southeast of Philadelphia.

Some 12,500 gallons of the hazardous material vinyl chloride spilled into a creek from four derailed tank cars. There were no crew injuries. While some 60 of those in the area were treated for respiratory problems, none of the injuries was reported as serious.

News reports quote National Transportation Safety Board Chairman Deborah Hersman that there were possible problems with a track signal and/or the swing-bridge locking system.

Hersman said the CSX crew encountered a red signal, although the bridge was not in an open position to permit boat traffic on the creek below to pass. The crew, reporting the conflict, and after visually inspecting the bridge, was given authority by a dispatcher to cross the bridge, Hersman said. According to news reports, the locomotive and five cars had crossed the bridge at 8 mph when it collapsed.

Investigators from the National Transportation Safety Board are being assisted by members of the UTU Transportation Safety Team.

This is the second time the swing bridge has collapsed. In 2009, it collapsed causing the derailment of 16 coal cars of a 50-car coal train. It was repaired then and placed back in service.

 

Civil penalties for school bus firms operating unsafe equipment have been increased, effective Dec. 27, by the National Highway Traffic Safety Administration.

The regulation applies to all schools or school systems who own or operate school buses. All school buses, whether in interstate or intrastate operation, must meet the federal standards.

The new maximum civil penalty for penalty for each violation involving school buses or school bus equipment is $11,000. The new maximum penalty for a series of such violations is in excess of $17 million.

To read the new rule, click on the following link:

http://www.gpo.gov/fdsys/pkg/FR-2012-11-27/pdf/2012-28694.pdf.

 

Stem

“Every Amtrak employee should be placed in a productive position that supports the needs of customer service and managed growth of operations,” UTU National Legislative Director James Stem told Congress Nov. 28.

“Amtrak operating crews are among the most productive workers in that system and our members are ready and eager to work,” he said in testifying before the House Transportation and Infrastructure Committee. “Assign us a train and provide for instructions and where to go, and our members will show up for duty and get Amtrak passengers to their destination safely and on time. We in labor are Amtrak’s partners.”

Stem praised Amtrak’s Next Generation Plan that “provides a road map for improved service and identifies the funding requirements. But for us to succeed, Congress must provide Amtrak with consistent and predicable multi-year funding for modernization and capacity upgrades. Amtrak’s Next Generation Plan for the Northeast Corridor will cut the transit time in half between Washington, D.C.’s Union Station and New York’s Penn Station, as well as between New York and Boston.

“What Amtrak really needs is dramatic increases in capital investments,” Stem said. “Capital spending to increase speeds and upgrade Amtrak’s infrastructure is the ticket to transporting American’s in a cost effective and energy efficient manner.”

Stem reminded lawmakers that “Amtrak also plays a central role in financing Railroad Retirement, which is a self-funding pension, unemployment and disability benefit program that covers almost one million active and retired railroad workers. Changes in the financial treatment of Amtrak, such as significant funding cuts or passenger rail privatization, could jeopardize the solvency of the system.

“Americans want a national intercity rail passenger network, and Amtrak is uniquely able to fill that need. Highways and commercial aviation will not alone meet the nation’s future passenger transportation needs and demands. The coordination of air and rail passenger services should be mandated to free more air slots and provide timely rail services for shorter travel distances.”

Stem also made clear labor’s “full support for the expansion of our freight rail capacity. Amtrak and our freight railroads work together as partners and both have capacity needs that can be mutual goals. We support the expansion of Amtrak services and understand that this expansion must also address the capacity needs of our freight rail partners.”

UTU National Legislative Director James Stem, right, testifies before the House Transportation and
Infrastructure Committee Nov. 28 with Amtrak President and CEO Joseph Boardman, left, and Amtrak
Inspector General Theodore Alves.

Palmetto GBA logoThe Railroad Retirement Board (RRB) has once again awarded its Medicare contract to Palmetto GBA, which will continue to handle Medicare Part B claims for Railroad Retirement beneficiaries.

The award, which was announced Sept. 28, names Palmetto as the Railroad Specialty Medicare Administrative Contractor (SMAC).

The transition to the new contract award does not have any impact on beneficiaries and Palmetto GBA’s beneficiary contact center telephone number and hours will remain the same.

Claims will continue to be processed as usual, and Palmetto is notifying beneficiaries’ doctors, practitioners and suppliers about the award of the SMAC contract. There will be no changes in how they bill Palmetto and no delays in claims processing, the company said.

Gina Jenkins, Program Manager for Railroad Medicare and SMAC, said the Palmetto team is looking forward to continuing its high levels of service to its beneficiary customers.

“While Palmetto GBA has held the Railroad Medicare contract for more than 10 years, many of the staff here at our Augusta office have processed claims and answered inquiries for Railroad Medicare beneficiaries for more than 35 years,” Jenkins said. “We look forward to being here for you and providing the highest levels of customer service that you have come to expect, and most certainly, deserve.”

Palmetto’s beneficiary contact center can be reached by telephone at (800) 833-4455, Monday through Friday, from 8:30 a.m. until 7 p.m., Eastern Standard Time (EST). The hearing impaired can call TTY/TDD (877) 566-3572. That line is for the hearing impaired with the appropriate dial-up service.

Beneficiaries can also reach Palmetto’s website at www.PalmettoGBA.com/rr/me or visit their Facebook page at www.Facebook.com/MyRRMedicare.