Train and engine, mechanical and maintenance of way employees on Columbia & Cowlitz Railway in Washington state – all represented by the UTU — have ratified their first agreement since voting “UTU yes” in October 2011. They are members of UTU Local 1348.
Negotiations were led by UTU International Vice President Paul Tibbit and UTU Assistant President Arty Martin.
Tibbit praised the efforts of members Sean Kibbee and Eddie Steed, “who worked with the membership every step of the process and fully explained the tentative agreement. They presented their case very well and in a professional manner and we achieved nearly everything we sought,” Tibbit said.
Columbia & Cowlitz Railway is part of the Patriot Rail group and operates in southwest Washington state.
The FRA amended its conductor certification rules in February, delaying the time for testing conductors, extending the time for formulating training programs and amending the territorial qualification requirements.
By Sept. 1, 2012, each railroad shall have grandfathered as “certified conductors” all persons who were performing conductor duties as of Jan. 1, 2012. This includes conductors on Class I, Class II, Amtrak and commuter railroads, and means they must have issued “certified conductor” certificates to those conductors.
After Sept. 1, Class I and Class II railroads, as well as Amtrak and commuter railroads, must designate and issue certificates to all persons authorized to perform as conductors between Jan. 1, 2012, and Dec. 1, 2012.
Class III railroads, after Sept. 1, must designate and issue certificates to all persons authorized to perform as conductors between Jan. 1, 2012, and April 1, 2013.
After Dec. 1, 2012, Class I and Class II railroads, as well as Amtrak and commuter railroads, may not initially certify or recertify a person as conductor unless that person has been tested and evaluated in accordance with FRA conductor certification rules.
For Class III railroads, that date is after April 1, 2013.
In all cases, testing and evaluation must be conducted under FRA-approved carrier certification programs. Class I and Class II railroads, as well as Amtrak and commuter railroads, have until Sept. 30 to submit to FRA for approval their programs for training, testing and evaluation of conductors. The programs must be approved by the FRA no later than Dec. 1. For Class III railroads, the submission date is Jan. 31, and the approval date is April 1.
General chairpersons have 45 days to file comments, objections, and alternative plans with the FRA.
The railroads are required to conduct annual reviews of their programs and respond to detected instances of poor safety conduct by certified conductors.
If a conductor lacks territorial qualification on mainline track physical characteristics, that conductor shall be assisted by a person who meets the territorial qualification requirements.
For a conductor who has never been qualified over the particular territory, the assistant shall be a certified conductor who is not an assigned crew member.
If the conductor was previously qualified, but such qualification has expired for one year or less, and who has not regularly traveled over the territory prior to the expiration, the assistant may be any person, including an assigned crew member who meets the territorial qualification requirements.
If the qualification expired more than one year, the assistant may also be any person, so long as the duties of the assistant do not conflict with his safety duties and he is qualified for the main track physical characteristics and that person is not the assigned locomotive engineer.
UTU-represented yardmasters employed by Canadian National Railway’s Illinois Central Railroad have reached a new tentative agreement following mediation assistance from the National Mediation Board. A March tentative agreement was rejected by the membership, which will now vote, through Sept. 15, on the new tentative pact.
Negotiations were led by UTU International Vice President Paul Tibbit and UTU General Chairperson Doyle Turner (GO 347).
“This tentative agreement, as with others negotiated with Class 1 railroads, is intended to bring parity in wages, benefits and work rules to the thousands of employees in the railroad industry, along with the many other protections offered by union membership,” Turner said. “The seniority, scope and discipline rules these members now enjoy are what makes union membership valuable.”
Illinois Central connects Chicago with New Orleans and Mobile, Ala., and also reaches Omaha, Neb., and Sioux City, Iowa. Canadian National gained control of Illinois Central in 1998.
This year’s annual open enrollment for active railroad employees covered by the National Railroad Health & Welfare plans (NRC-UTU and GA 23000) may be completed online during September and October.
You start the open enrollment process by going to the “Alerts and Important Dates” section on the Railroad Information Depot home page (www.rrinfodepot.com). During the open enrollment period in September and October, you can link directly into the railroad enrollment services secured portal.
The new web-based open enrollment period will be available 24/7, and will provide the following capabilities:
• Step-by-step review of personalized benefit election choices with links to everything needed to enroll for the upcoming year.
• Links to your medical provider’s network.
• A quick and easy way to update your information.
• The ability to add, delete, and/or change dependent information. (If you’re adding a dependent who is not listed, you will be required to send in the specified documentation before the dependent can be added to the plan. Information on what is needed and where to send it will be provided on the site.)
• The option to review enrollment information in Spanish.
• Flexibility to make multiple changes during the open enrollment period.
• An immediate confirmation statement once you complete your selections.
If you use the online portal, there is no need to mail any paper enrollment forms.
Additional information will be mailed to eligible railroad workers in September by Railroad Enrollment Services.
For those unable to enroll online, instructions on how to obtain a paper kit will be in the September mailing. You will not need to access the Railroad Enrollment Services portal if you elect to keep your current benefit options for the 2013 calendar year or do not choose to opt out.
For assistance with the online enrollment website, call Railroad Enrollment Services at (800) 753-2692.
Sleep, fatigue, workplace safety and quality of life are stitched together tighter than the seams on a major league baseball – and unpredictable work schedules can undo those stitches faster than a Stephen Strasburg 100-mph heater.
A new website, created by sleep scientists at Harvard Medical School, the Volpe National Transportation Systems Center and the Federal Railroad Administration – following anonymous survey input from train and engine workers represented by the UTU and the BLET – provides train and engine workers an interactive guide to a better understanding of factors that contribute to and inhibit proper rest.
The Railroaders’ Guide to Healthy Sleep website provides articles, videos, a game, a quiz and illustrations intended to help understand your body clock, recognize sleep impediments, reduce fatigue, stay alert and safe, and improve your quality of life.
Consider it high-tech chicken soup for the overworked rail struggling to balance work and family life.
Included are practical steps to combat fatigue by adjusting nap times and consumption of caffeine and other beverages and foods, and practical ways to deal with individual variations in sleep needs and the daily ups and downs in human alertness and sleepiness.
A quiz helps you determine how well you sleep, while an interactive game permits you to test your reaction time.
There also is information on sleep apnea and other sleep problems, and how to find sleep specialists in your neck of the woods.
Give the website a thorough test drive by clicking on the following link:
For many rails, the website may ensure your returning home in one piece – and for all rails, the website will help you achieve a better balance between work and family life.
In ice hockey, the scoring by one player of three goals is called a “hat trick.” In baseball, a player striking out four times in a single game is said to have earned a “golden sombrero.”
Norfolk Southern’s feat is to have earned from OSHA a still unnamed fifth significant sanction in recent months for violating – through harassment, intimidation and unwarranted discipline — the rights of injured employees or those attempting to report a safety concern.
While other railroads have earned one or more recent rebukes from OSHA, Norfolk Southern seems headed for a gold medal in this dubious category of employee harassment, intimidation and unwarranted discipline.
OSHA says the reason has been the railroad’s single-minded, if not narrow minded, determination to be declared the nation’s safest railroad – albeit through harassing, intimidating and disciplining workers not to report their workplace injuries.
Norfolk Southern denies the allegations and is appealing each of the OSHA actions.
BNSF, which also has been sanctioned numerous times by OSHA for similar violations of the rights of injured and safety-conscious employees, recently took the art of intimidation to a new level by attempting to coerce employee witnesses to its alleged violations to allow a BNSF attorney in the room when questioned by OSHA investigators. BNSF denies its intent is to intimidate those employees from being candid with OSHA investigators.
“Railroad workers throughout this country have the right to report an injury without fear of retaliation,” said Cindy Coe, OSHA’s regional administrator in Atlanta. OSHA, she said, “will continue to protect” rail workers from employer retaliation, and employers found in violation “will be held accountable.”
As reported by the Norfolk, Va., Virginian Pilot newspaper, four of the five OSHA-determined violations were announced within months of Norfolk Southern’s winning the railroad industry’s E.H. Harriman gold medal safety award in May for the 23rd year in a row.
“The Harriman program, in place for nearly 100 years, quietly ended with this year’s awards, though news releases about this year’s winners from Norfolk Southern and the Association of American Railroads did not explicitly state that the program was over,” reported the newspaper. “The industry group did not say why it ended.”
A Norfolk Southern spokesperson told the newspaper there was “no connection” between its OSHA-determined violation of employee rights under federal law and the ending of the Harriman program.
The UTU and other rail labor organizations have long held that the Harriman awards program encouraged carrier supervisors to harass, intimidate and discipline injured and safety-conscious employees in an effort to earn cash bonuses and promotions in conjunction with their railroad’s winning of a Harriman gold, silver or bronze medal.
The award is named after the late railroad baron Edward Henry Harriman who, during the late 19th and early 20th century, held financial control of Union Pacific, Southern Pacific, Illinois Central, Central of Georgia, plus other smaller railroads, a steamship line and Wells Fargo Express.
The UTU documented in 2007 that a Norfolk Southern supervisor posed as a clergyman to enter the hospital room of an injured worker. Once there, according to obtained evidence, he tried to convince the attending physician not to prescribe a particular medication, which would have required reporting the injury to the Federal Railroad Administration and putting the winning of a Harriman gold medal at risk.
The Federal Railroad Safety Act of 1970 extended whistleblower protection to employees who are retaliated against for reporting an injury or illness requiring medical attention. The Rail Safety Improvement Act of 2008 added additional requirements ensuring injured workers receive prompt medical attention.
Their purpose is to protect rail workers from retaliation and threats of retaliation when they report injuries or illness, report that a carrier violated safety laws or regulations, or if the employee refuses to work under certain unsafe conditions or refuses to authorize the use of safety related equipment.
An employer is outright prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.
Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.
UTU designated legal counsel have pledged to investigate and assist UTU members in bringing complaints under these laws.
A rail employee may file a whistle-blower complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.
A listing of UTU designated legal counsel is available at:
UTU members employed by New York’s Metropolitan Transportation Authority (MTA) and working in numerous crafts on Staten Island Railway have a new agreement retroactive to January 2007, following an award by a state arbitrator.
Negotiations had dragged for nearly six years, leading to the arbitration award. Under New York State’s Taylor Law guiding public-employee labor relations, strikes are not permitted.
The arbitrator, appointed by the state, rejected a request for a six-year agreement, meaning the almost 42-month agreement he imposed is already ripe for amendment, and UTU officers on the railroad are preparing to begin a new round of wage, benefits and rules negotiations even as members await retroactive pay under the arbitrated agreement.
“The MTA fought us every step of the way, throwing obstacle after obstacle in our path, such as filing unwarrented charges of bad-faith bargaining against the union when we filed for arbitration after 44 fruitless negotiating sessions,” said General Chairperson Tom Wilson (GO SIR).
Affected by the arbitration award are conductors, engineers, track maintenance, third-rail power, equipment maintenance, signal and electrical craft employees, all represented by the UTU.
Wilson and International Vice President Delbert Strunk, who assisted in negotiations and the arbitration, said the award includes full retroactive wage increases, additional sick days, union release time, night and weekend differentials, pension plan improvements, and a new grievance and arbitration procedure.
Wilson and Strunk praised former UTU Local 1440 President Jaime Brownell and all local and general committee officers — including General Committee Secretary Joe Palmieri and Local 1440 Secretary and Treasurer Vincent LaBella — for “truly tireless and unrelenting efforts during this difficult negotiating and arbitration process.” Wilson said that “the members of Local 1440 can hold their heads high as proud members of a union that will climb into the trenches and battle for their members. Delbert rolled up his sleeves and jumped in to show the might of the UTU International.”
Strunk also thanked UTU members who made contributions to a fund benefiting the financially and emotionally devastated family of his niece, Tori Swoape, who died in May.
Strunk said the outpouring of support, including cards, letters, phone calls and emails, helped “not only Tori’s family, but gave me a needed boost while away from family members during this emotionally difficult time while I worked on the arbitration award. In every way, on the job and away from the property, UTU members take care of their own, which makes the United Transportation Union America’s preeminent labor organization,” Strunk said.
The Metropolitan Transportation Authority was created by the New York legislature in 1968, and took over control and operation of the passenger service of Staten Island Railway in 1971 from Baltimore & Ohio Railroad (now part of CSX).
The UTU International is conducting a Treasurers’ Workshop at its headquarters in North Olmsted, Ohio, Oct. 29-31, 2012.
Attendance will be limited to 24 registrants.
Those interested in attending the workshop should contact the office of the general secretary & treasurer to register. Call (216) 228-9400, or email Executive Assistant Nancy Miller at n_miller@utu.org. The deadline to register is Oct. 12.
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 focus on completion of mandatory filings for LM reports, Form 990 and DOL requirements.
The workshop will be held at the UTU International Headquarters at 24950 Country Club Blvd. in North Olmsted, Ohio. 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 in the adjacent parking lot to the UTU Headquarters. Please note that rooms are based on availability and will only be held for our group until Oct. 12.
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.
Train, engine and mechanical forces represented by the UTU on shortline Western Rail Road in Texas have ratified a new agreement reached with mediation assistance from the National Mediation Board.
Negotiations were led by UTU Vice President Paul Tibbit and UTU General Chairperson Doyle Turner (GO 347), who heads the UTU’s shortline outreach program.
“This agreement, as with others negotiated with shortlines, brings parity in wages, benefits and work rules to the thousands of employees in the shortline railroad industry, along with the many other protections offered by union membership,” Turner said. “The seniority, scope and discipline rules these members now enjoy are what makes union membership valuable.”
Western Rail Road, owned by Cemex, connects a quarry and cement plant at Dittlinger with Union Pacific’s Austin, Texas, subdivision. Dittlinger is four miles south of New Braunfels and about 50 miles south of Austin.
Medco and Express Scripts are now one company managing the prescription benefit for those whose health care plans include Express Scripts or Medco.
You should continue to refill your prescriptions as you normally would by using your current prescription drug ID card, member ID number, mail-order refill forms, www.medco.com, and the toll-free member services telephone number on your ID card.
The combined company is in the process of changing the name on all of its communications to Express Scripts. Until the renaming process is complete, you may see messages from both Express Scripts and Medco.
Frequently Asked Questions:
Who is Express Scripts?
Express Scripts, like Medco, is a prescription benefit manager. The combined company will now be known as Express Scripts.
How did Express Scripts get my prescription information?
Since Medco and Express Scripts have come together as one company to manage your prescription drug benefit, the information Medco had on file for you is now available to the merged company. Express Scripts will protect your private health information with the same level of security you’ve always received.
Do I use the same phone number I’ve always called?
Yes. Continue to call the number on your prescription drug benefit ID card.
Will my member ID number change?
No. Continue using your current prescription drug benefit ID card and the member ID number on the card.
Can I continue ordering new prescriptions as I normally would?
Yes. Continue to submit new home delivery prescriptions by mail or have your doctor send them via fax or ePrescribing. Also, continue using your member ID number, order forms, www.medco.com, and the toll-free member services number on your ID card.
Can I still order refills on the member website or by phone?
Yes. Continue to use www.medco.com or call the toll-free Member Services number on your ID card. You can also use the refill forms enclosed with your prescription orders.
Will my home delivery packages look different?
The packaging may look different because your medication may be shipped from an Express Scripts Pharmacy or the Medco Pharmacy, depending on factors including weather, medication supply, and the distance between the pharmacy and the delivery address. There may be differences between bottle caps, bottle colors, and the labels used. You may also notice changes in the materials used to package temperature sensitive medications. There will be no changes to your medications.
Can I still use the same participating retail pharmacy that I do today?
Yes. You can use the pharmacies in the current retail network.
What name changes might I expect to see?
The Express Scripts name and brand will begin appearing on most member communications around Sept.1. Some communications may still reference Medco along with Express Scripts until the name transition is complete. Below are some examples.
* Member website. The address will remain www.medco.com. The branding on the website will change to Express Scripts.
* Letters. Most letters to members will reflect the Express Scripts branding.
* Literature enclosed in home delivery packages. Information related to prescription orders will refer to Express Scripts and Medco.
* Member Services greeting. When you call, you will hear reference to Medco is now part of the Express Scripts family of companies.
What won’t reflect a name change as of Sept. 1?
Certain communications and organization names such as those listed below won’t change on September 1, but will likely change over time.
* Medco Pharmacy
* Accredo Health Group, Inc. (specialty pharmacy)
* Prescription drug ID cards for existing Medco cardholders
Train and engine, mechanical and maintenance of way employees on Columbia & Cowlitz Railway in Washington state – all represented by the UTU — have ratified their first agreement since voting “UTU yes” in October 2011. They are members of UTU Local 1348.
By Larry Mann, 
UTU-represented yardmasters employed by Canadian National Railway’s Illinois Central Railroad have reached a new tentative agreement following mediation assistance from the National Mediation Board. A March tentative agreement was rejected by the membership, which will now vote, through Sept. 15, on the new tentative pact.
In ice hockey, the scoring by one player of three goals is called a “hat trick.” In baseball, a player striking out four times in a single game is said to have earned a “golden sombrero.”
Attendance will be limited to 24 registrants.
Medco and Express Scripts are now one company managing the prescription benefit for those whose health care plans include Express Scripts or Medco.