Author: paul

Home>Articles by: paul
Strunk

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.

Turner

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

 

Rail worker training in hazardous materials and chemical emergency response will be offered in Portland, Ore., Sept. 24-28, and in Houston, Texas, Dec. 3-7.

Sponsored by the National Labor College, the training focuses on the Occupational Safety and Health Administration and Department of Transportation requirements for response and worker protection following hazmat release or incidents involving weapons of mass destruction.

The training is funded by a federal grant for those residing within a 500-mile radius of the training sites, and includes a stipend of $625 for those losing pay from employers while attending training. Also covered by the federal funding is mileage reimbursement, meals, air travel and lodging.

For more information, send an e-mail inquiry to Henry Jajuga of the National Labor College at hjajuga@nlc.edu

Use the following links for registration forms. 

Completed application forms should be faxed, mailed or e-mailed to the Hazmat office as soon as possible, or register online at http://www.hazmatgmc.org:

Railway Workers Hazardous Materials Training Program
10000 New Hampshire Ave
Silver Spring, MD 20903
(301) 439-2440
(301) 628-0165 -fax
fthomas@nlc.edu

Registration forms for the two meetings are below:

Houston Hazmat Training Program

Portland Hazmat Training Program

MASON CITY, Iowa – Trainman Georgiy Soloviyov, 35, became the fifth UTU member killed on duty in 2012 following a Union Pacific yard accident here early July 31. Mason City is some 130 miles north of Des Moines, near the Minnesota border.

Soloviyov, of Stanhope, Iowa, and a member of UTU Local 867 (Des Moines) had seven years of service. Reports indicate he was part of a three-person conventional switching crew when pinned between two cuts of freight cars.

The National Transportation Safety Board and the Federal Railroad Administration are investigating, with assistance from the UTU Transportation Safety Team.

Four UTU rail members have been killed in accidents in 2012 and a bus member was murdered on the job. Ten UTU members were killed in on-the-job rail accidents in 2011, and eight in 2010.

George, as he was known, was a native of Kiev, Ukraine, who married an American serving there as a missionary. They relocated to the United States and George earned his American citizenship in 2004. Surviving, in addition to his wife, Lori, are two sons, Yuri and Aleksei, and two daughters, Tatyana and Katya.

 

The UTU and the Sheet Metal Workers International Association (SMWIA), along with two other rail labor organizations, have filed a complaint with the Department of Labor’s Occupational Safety and Health Administration (OSHA), alleging BNSF has expanded its harassment and intimidation of injured workers to include the targeting of witnesses.

In recent months, OSHA has imposed millions of dollars in sanctions against railroads – including BNSF – for violating federal laws that provide protections for injured rail workers and those reporting safety violations.

The UTU and the SMWIA – now combined as the Sheet Metal, Air, Rail and Transportation Workers (SMART) — along with the International Brotherhood of Electrical Workers and the Brotherhood of Locomotive Engineers and Trainmen — filed a complaint with OSHA July 31 alleging that BNSF officials in Montana are attempting “to interfere with an OSHA investigation into possible violations of the Federal Rail Safety Act” as reported by BNSF employees.

BNSF has written to possible witnesses, asking if they would “object” to having a BNSF representative present during their interview by OSHA investigators.

“Plainly,” states the rail organizations’ complaint, “any employee receiving a communication like this, however innocently couched from the company, will be intimidated by the knowledge that the company is looking over his/her shoulder insofar as providing information to OSHA is concerned.”

The Federal Railroad Safety Act of 2007 extended whistleblower protection to employees retaliated against for reporting injuries, illnesses or safety concerns. 

The complaint filed with OSHA says, “We do not know how BNSF was able to identify these employees as witnesses,” as OSHA previously rejected a BNSF demand that OSHA disclose to BNSF the names of employee witnesses. OSHA told BNSF that “such requests are wholly inappropriate and that OSHA will not comply with them.”

OSHA previously has made clear that “the safety of railroad employees depends on workers’ ability to report injuries, incidents and hazards without fear of retaliation.”

The rail labor organizations urged OSHA to “immediately contact BNSF and sternly rebuke the carrier for this inappropriate conduct. The confidentiality protections in the Federal Railroad Safety Act’s governing regulations and OSHA’s Whistleblower Investigations Manual require nothing less.”

Additionally, the rail organizations cited a June 1 OSHA letter to BNSF stating that “OSHA assumes that BNSF [legal] counsel would be well aware of the conflict of interest that would inevitably arise if BNSF’s attorney were to represent both the corporation and non-managerial employees in a whistleblower case.” The complaint says, “Apparently, BNSF did not see fit to explain that conflict of interest when approaching these employees and offering to be their ‘liaison’ with OSHA.

“No railroad employee [should be] intimidated from filing a complaint initiating an OSHA investigation or from participating in such an investigation, or in any way retaliated against by his/her employer for doing so,” said the rail organizations in their complaint.

Between 2007 and 2012, OSHA received more than 900 whistleblower complaints under the Federal Rail Safety Act.

BNSF has a history of attempting to violate federal laws protecting workers. In March, following a complaint by the UTU and the SMWIA to the Equal Employment Opportunity Commission (EEOC), BNSF rescinded a proposed new rule that would have required its employees to provide highly personal medical information.

The UTU and the SMWIA told the EEOC that the BNSF would be in violation of the Americans with Disabilities Act, the Civil Rights Act and other federal statutes by requiring employees provide the railroad with doctor’s notes, diagnostic test results and hospital discharge summaries that could disclose non-workplace injuries and illnesses. BNSF rescinded the proposed new rule prior to EEOC action.

Delivering on the theme of the 2012 regional meetings – “We will not back down” – UTU International President Mike Futhey told more than 1,000 attendees at the Memphis meeting how the UTU is using every tool available – negotiations, legislative and legal — to defend its members’ jobs and workplace safety.

* On the Belt Railway of Chicago, where the carrier is demanding contract changes to permit one person crews at carrier discretion, the UTU has asked the National Mediation Board to declare a bargaining impasse. Belt Railway General Chairperson Chris Votteler’s negotiating team, assisted by International Vice President Delbert Strunk, faces a carrier that refuses to take crew consist changes off the table – three years following start of negotiations — even though the carrier is party to a moratorium on the issue.

“We will take every action necessary to protect our members’ jobs. We will not stand down on crew consist,” Futhey said.

* As to conductor certification — mandated by Congress and put into regulatory language by the Federal Railroad Administration – Norfolk Southern has filed an FRA-required certification plan without discussion and coordination with general chairpersons.

The NS proposed plan seeks to provide a pilot for remedial training only for conductors who have not traveled over a territory for 36 months, rather than the 12 months required in current agreements; and then seeks to place the burden of notification solely on the conductor rather than tracking the time period electronically. Additionally, the NS plan does not discuss procedures it will follow in an investigation even though FRA regulations require railroads to provide all documents and the list of witnesses prior to a hearing.

Futhey said the UTU will not permit “a tortured interpretation” of congressional and FRA intent, and will work to ensure every railroad follows the letter and intent of the law and regulations prior to the required Sept. 1 deadline for certifying conductors.

* In Pennsylvania, Norfolk Southern is attempting to disregard state safety laws and regulations through federal preemption affecting workplace safety at hump yards. “We will take every action necessary to prevent railroads from weakening workplace safety protections, whether at the state or federal level,” Futhey said.

* Pointing to millions of dollars in fines assessed by the Occupational Safety and Health Administration against railroads that have harassed, intimidated, disciplined and fired workers for reporting injuries and workplace safety concerns, Futhey reminded members that UTU designated legal counsel is pledged to assist in bringing and pursuing such complaints. Information on filing these complaints is available at the UTU website at www.utu.org by searching “OSHA.”

“We are not going to allow carriers to continue their pattern of harassment and intimidation of workers who are injured on the job,” Futhey said. “The FRA and OSHA recently signed a letter of intent to investigate jointly all complaints of carrier harassment and intimidation, and the FRA has informed each carrier of its intent to work with OSHA to end the long-standing practice of carriers disciplining injured workers “where the facts fail to support the charges. We are lawyered up, too, and will take this to wherever we must to protect the interests of our members.”

* Recalling the horrific murder of a UTU-member bus driver in Los Angeles, the fatal shooting of a train-crew member near New Orleans, and assaults on bus operators and intrusions into locomotive cabs by armed robbers elsewhere, Futhey said the UTU is working with lawmakers and regulators to implement better safeguards for its air, bus and rail members. The FRA recently imposed a requirement that all new and remanufactured locomotive cabs be equipped with secure cab locks.

“I promise every member that the UTU will stand shoulder-to-shoulder with our members to ensure their safety. Our voice will be heard,” Futhey said.

As to the state of the union, Futhey said the International’s general fund balance is improving as carriers bring back furloughed workers, that the UTU Insurance Association now has a $28 million surplus and is financially strong, and the Discipline Income Protection Plan (DIPP) is financially sound with more than $10 million in assets.

Futhey emphasized that while competing plans often seek ways to deny payment of claims, the UTU’s DIPP is aggressive in paying claims. Futhey cited an example of two workers on the same assignment on CSX – one covered by the UTU’s DIPP and the other by a competing plan – who were both suspended. “Where the competing plan denied the claim, DIPP paid the claim. End of story.”

As for the UTU’s disability insurance plan covering bus and rail members, Futhey said it has paid out more than $22 million in disability benefits for off-duty injuries and is proving to be a valuable benefit.

As to organizing, Futhey said that since January 2008, when he took office, the UTU has an unprecedented record of organizing one new property every seven weeks. One of the first post-merger coordinations has been the joint strengthening with the Sheet Metal Workers International Association of organizing efforts, which makes greater resources available for organizing transportation, building trades and production workers.

Futhey also explained how the UTU negotiating strategy in national handling has already paid off for rail members covered by the national rail contract.

“When we entered  national rail contract negotiations, our strategy was to hold the monthly cost sharing premium under $200 — rather than allow it to escalate to $300 or more — in exchange for somewhat higher copays,” Futhey said. “The Affordable Care Act now eliminates many of those copays, saving affected members out-of-pocket for many health care services while those members enjoy one of the lowest cost-sharing premiums in the public and private sectors.”

UTU International President Mike Futhey

BNSF reported a 16 percent increase in profit for the second quarter 2012 versus second quarter 2011.

BNSF’s second quarter 2012 operating ratio of 71.1 percent was a more than 3 percentage point improvement over second quarter 2011. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

BNSF operates in 28 states and two Canadian provinces

 

Canadian National reported a 17 percent increase in profit for the second quarter 2012 versus second quarter 2011. The railroad said its revenue was helped by a nine-day strike at Canadian Pacific – the additional traffic overcoming declines in coal, fertilizer and grain shipments.

CN’s second quarter 2012 operating ratio of 61.3 was unchanged from second quarter 2011. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

CN is primarily a Canadian railroad. Its U.S. holdings include what were formerly Detroit, Toledo & Ironton; Elgin, Joliet & Eastern; Grand Trunk Western; Illinois Central; and Wisconsin Central.

 

Canadian Pacific reported 20 percent drop in profit for the second quarter 2012 versus second quarter 2011, citing a nine-day strike.

CP’s second quarter 2012 operating ratio weakened to 82.5 percent from the second quarter 2011 operating ratio of 81.7. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

Canadian Pacific is primarily a Canadian railroad. Its U.S. holdings include Class I Soo Line and regional railroad Delaware & Hudson.

  

CSX reported a 1.2 percent improvement in profit for the second quarter 2012 versus second quarter 2011. CSX said a 27 percent jump in automotive traffic and an 8 percent increase in trailers and containers offset a significant decline in coal traffic volume.

The CSX second quarter 2012 operating ratio of 68.7 percent was an improvement over the 69.3 percent operating ratio for the second quarter 2011. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

CSX operates some 21,000 route miles in 23 states and the District of Columbia.

 

Kansas City Southern reported a 70 percent improvement in profit for the second quarter 2012 versus second quarter 2011, citing a gain from financial restructuring along with a 23 percent boost in trailers and containers and a 15 percent gain in automotive revenue, which overcame a 24 percent drop in coal traffic.

KCS’s second quarter 2012 operating ratio of 70.5 was 1.2 percentage point improvement over the second quarter 2011 operating ratio of 71.7. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

KCS operates some 3,500 route miles in 10 states in the Central and South-Central U.S., as well as Kansas City Southern de Mexico, a primary Mexican rail line.

 

Norfolk Southern reported a 5.9 percent slide in profit for the second quarter 2012 versus second quarter 2011. Coal is a major source of revenue for Norfolk Southern, and a 15 percent plunge in coal revenue could not be offset by increases in revenue from automotive and chemicals traffic and trailers and containers.

NS’s second quarter 2012 operating ratio of 67.5 – a record quarterly low for the railroad — was a significant two-percentage-point improvement from the 69.5 percent operating ratio in second quarter 2011. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

Norfolk Southern operates some 20,000 route miles in 22 states and the District of Columbia.

 

Union Pacific profit rose 28 percent in second quarter 2012 compared with second quarter 2011. The railroad said higher freight rates and fuel surcharges, along with growing demand, offset weak coal volume. UP said it was the “best-ever quarterly results.”

Union Pacific’s second quarter 2012 operating ratio of 67.0 percent was a 4.3 percentage point improvement over the 71.3 percent operating ratio for the second quarter 2011. Operating ratio is a railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists to be the basic measure of carrier profitability. The lower the operating ratio, the more efficient the railroad.

Union Pacific operates some 32,000 route miles in 23 states in the western two-thirds of the U.S.

BNSF second quartaer results have not yet been reported.

If you’re part of a working family and attracted to some of the positions of the Tea Party, you had best check the bait for a barbed hook intended to reel-in labor unions, government-provided benefits such as Railroad Retirement, Social Security, Medicare and unemployment insurance, and workplace safety protection.

That was the unvarnished message from U.S. Rep. Steve Cohen (D-Tenn.) July 23, as he told some 1,000 UTU members at a regional meeting in Memphis that the Tea Party has become so extreme that it is driving from the Republican Party those of moderate political positions who once made bipartisan cooperation possible in Congress. “The Republican Party as we know it today is run by Tea Party extremists,” Cohen said.

He contrasted the approach of Democrats and moderate Republicans in Congress – who historically worked to create jobs and protect the middle class – with today’s Tea Party extremists, whom he said are committed to revoking collective bargaining rights, repealing workplace safety laws and regulations, and spending more supporting foreign wars than rebuilding a crumbling American infrastructure that would “create American jobs in America.

“I’m a liberal and I don’t hide it,” Cohen said. “I’m inspired by John F. Kennedy, Adlai Stevenson, Lyndon Johnson and Hubert Humphrey,” all praised by Cohen as having worked “to give people a step up” by a government “that provides for the common good.”

If Mitt Romney and Republicans beholden to the Tea Party win in November, said Cohen, “they are coming after you – your jobs, your working conditions and your economic standards.”

To combat the anti-union, anti-middle class Tea Party agenda, which Cohen said is bankrolled by conservative billionaires, the middle-class must contribute to union PACs, register to vote and help get out the vote on Election Day for candidates who support the middle-class. “This election is about [saving] the middle-class,” Cohen said.

Cohen, who spent 24 years in the Tennessee state senate before being elected to Congress in 2006, has a 100 percent voting record on issues of importance to working families, according to the AFL-CIO. He is a member of the House Transportation & Infrastructure Committee.

 

From left, Sheet Metal Workers International Association General President Joe Nigro, Rep. Cohen, and UTU International President Mike Futhey following Cohen’s talk to UTU members at the UTU regional meeting in Memphis, July 23.