railyard; train yard; yardA lot is being written about reducing America’s dependence on foreign energy; and increased domestic exploration of crude oil and natural gas is paying meaningful dividends to railroads – and, by extension, to their workers, whose jobs, wages and benefits are being made more secure.

In North Dakota, where the Bakken Shale reserve is being drilled, some 450,000 barrels of crude oil daily are being pumped – so much that pipelines are at capacity and BNSF and Canadian Pacific (Soo Line) tank cars are originating up to 300,000 barrels of crude oil daily to refineries along the Gulf Coast. In fact, the state estimates that as drilling expands, railroads could be hauling as much as 700,000 barrels of the black gold in tank cars.

In western Canada, meanwhile, CP and Canadian National are hauling increased quantities of crude oil from the Alberta tar sands south across the border, destined to refineries along the Gulf Coast – a 1,700-mile rail route through Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

Union Pacific, which is sharing in the southbound haul of crude oil, also reports sharp increases in drilling and construction materials headed north to the oil drilling fields. Kansas City Southern is gearing up for southbound loads of crude oil to Texas and Mexico, where new refinery terminals are under construction.
 
As for natural gas drilling, the Marcellus Shale field, stretching underground from Ohio to Pennsylvania and into West Virginia, is providing CSX and Norfolk Southern with sharp increases in carloads of sand, cement, drilling rig parts, chemicals, pipe and rock headed to the drillers. As natural gas drilling increases, even more carloads are in store for CSX and NS, which serve the Marcellus Shale region.

NS says it has quadrupled the number of carloads of materials headed to drillers, growing to a current 24,000 carloads annually in just two years, while CSX is hauling some 13,000 cars annually of materials to the drillers. There is also a smaller backhaul of waste and debris.

NS said it has hired – or is hiring – an additional 200 conductors to handle the increased business.

Then there is the growth of ethanol, which has soared from 2 billion gallons of production annually to 13 billion gallons of the past 10 years – much of it moving by rail. Federal law requires all gasoline to include a 10 percent blend of ethanol, and European nations are increasing their imports of ethanol from the U.S.

 In preparation for a new operator of Caltrain commuter service in Northern California, the UTU has moved to protect its members who choose to transfer from Amtrak to the new operator.

Caltrain operates south from San Francisco to San Jose and Gilroy.

TransitAmerica Services, Inc. (TASI), a subsidiary of Herzog Transit Services, will replace Amtrak as operator of Caltrain beginning May 26, following a rebid process by the Joint Powers Board that controls the commuter operation. Amtrak has operated Caltrain since 1992. TASI won a five-year operating agreement that begins in May.

The UTU has reached an agreement with TASI, recognizing the UTU as the representative of conductors and assistant conductors who will be hired by TASI. The agreement governs rules, rates of pay and working conditions for conductors and assistant conductors on TASI, giving first right of hire to Amtrak employees who are working in the service as of May 25.

In the event that the number of Amtrak conductors and assistant conductors who apply for employment on TASI — and who are hired — exceeds the number of positions available at startup, such applicants will be placed on hiring pool list for subsequent employment.

UTU-represented conductors and assistant conductors in Amtrak Zone CS-2 on May 26 will, as a result of the change in operators, have no Amtrak positions left to work, and will be placed in home terminal/displaced status under provisions of Rule 8 of the current collective bargaining with Amtrak.

Conductors and assistant conductors have rights to flow to other Amtrak zones as provided under the Amtrak agreement.

If those rights are not exercised within a five-day period beginning May 26, the Amtrak Zone CS-2 conductors and assistant conductors will become home terminal furloughed, as provided by Rule 9 of the Amtrak agreement. Conductors and assistant conductors under home terminal furlough who accept employment with TASI will continue to maintain seniority and employment rights with Amtrak until such time as recalled to service by Amtrak.

Amtrak conductors and assistant conductors working outside Zone CS-2 may submit an application to TASI for employment, but must be aware that if non-Zone CS-2 conductors or assistant conductors choose to leave active status with Amtrak for employment with TASI, Amtrak will not grant a leave of absence and those individuals will terminate their employment rights and seniority with Amtrak.

Before making a decision on whether to apply for employment with TASI, the UTU recommends you review the TASI/UTU implementing and working agreements, which are available for inspection by clicking on the following link:

TASI/UTU implementing and working agreements

This agreement is modeled after the current Amtrak collective bargaining agreement, with some modifications and enhancements to reflect the new operator and the current round of negotiations with Amtrak.

The agreement preserves and enhances current crew consist and productivity allowances and retains years of service for vacation entitlement of Amtrak employees who are employed by TASI. In addition, the agreement provides for health and welfare benefits equivalent to those in the current Amtrak contract.

The negotiating team consisted of GO 769 Chairperson Dirk Sampson and Vice General Chairperson Charlie Yura. They were assisted by UTU International Vice President John Previsich.

“Chairpersons Sampson and Yura are to be commended for their leadership role in securiing for their members a first right-of-hire with the new operator, while maintaining for all of TASI’s UTU-represented employees wages and working conditions that are equal to, or exceed, those currently in place on Amtrak,” Previsich said.

In a joint message to members, the leadership of the UTU and the Sheet Metal Workers’ International Association (SMWIA) pledged “to move forward and grow, and place all hostilities behind us” as the two organizations strive to cement a seamless merger.

The merger of the UTU and the SMWIA into the International Association of Sheet Metal Air, Rail and Transportation (SMART) Workers creates “new, vibrant and exceptional opportunities to organize the unorganized, become more efficient in our daily activities and make our highest calling the representation of the men and women of SMART,” the leadership said.

In the first meeting of the UTU and the SMWIA leadership with senior staff in late January, the committees formed in November began the development of joint objectives “to ensure we all pull in the same direction, build trust in one another and use members’ dues in the most efficient manner.”

Initial goals established include:

•Acceleration of public knowledge of SMART’s creation, especially through event staging, such as joint participation in rallies supporting collective bargaining rights. The two organizations will increase state activism efforts to slow and turn back efforts of anti-union lawmakers seeking to eliminate collective bargaining rights and impose right-to-work (for less) laws.

•Identifying opportunities for organizing the unorganized. This will be accomplished in the transportation area with the SMWIA’s larger organizing staff assisting UTU organizers, and leveraging the UTU’s strong state presence through state legislative departments to create opportunities for organizing contractors in the sheet metal and air conditioning industries.

•Joint federal and state legislative activity in furtherance of laws and regulations beneficial to all SMART members.

•Maximizing the use of SMWIA training facilities.

•Aggressive pursuit of federal grants to address safety and security issues.

•Focus on improving the quality of member health care insurance, at the lowest possible cost to members.

•Coordinate publications and websites of the two organizations.

•Provide financial savings, increase members’ services and reduce administrative expenses through a proficient structure by taking advantage of the financial strengths of each organization and comparing internal practices to determine how SMART might become more efficient and effective in its commitment to members.

•Coordinate information technology hardware and software improvements, link telephone systems, and share the numerous collective bargaining agreements and membership databases of the separate organizations.

•Answer member’s questions regarding the separate constitutions, election of officers, conductor certification, contract provisions, application of the Railway Labor Act, National Labor Relations Act, Family and Medical Leave Act and equal opportunity laws.

•Ensure the senior elected leadership of both organizations participates jointly at UTU regional meetings and in the labor/management 2012 Partners in Progress conference in March.

“Combined as SMART, we create a large and powerful voice within the AFL-CIO and in advancing legislative objectives in Congress and state legislatures,” said the senior leadership of the UTU and the SMWIA.

The senior staff of the UTU and the SMWIA will continue to work jointly at the committee level in furtherance of these objectives, leading up to the 2014 SMART convention and keeping members informed through updates published on the websites and in the UTU and the SMWIA publications.

“SMART exists to service the interests of our joint membership,” the senior leadership said.


At a recent SMWIA/UTU meeting are, from left, SMWIA Secretary Treasurer Joe Sellers Jr.; SEPTA General Chairperson
Waverly Harris, who serves as chairperson of District 3 of the UTU’s Association of General Chairpersons;
UTU International President Mike Futhey; Long Island Rail Road General Chairperson Anthony Simon, who serves as
chairperson of District 1 of the UTU’s Association of General Chairpersons; SMWIA General President Joe Nigro;
UTU Assistant President Arty Martin, and UTU General Secretary & Treasurer Kim Thompson.

By UTU International President Mike Futhey – 
Congratulations go to Art Rayner, the United Transportation Union Insurance Association’s man of the year for 2011.

Art Rayner

Art was recognized for his sales and leadership performance – attributes that helped propel the UTUIA last year to one of its strongest financial performances.

The competition Art faced from our other dedicated and determined field service representatives demonstrated that the UTUIA is financially strong and growing. And the UTUIA will grow even stronger as our merger with the Sheet Metal Workers International Association into SMART eventually allows 150,000 additional trade unionists to join the UTUIA through purchase of insurance and investment products.
For 2011, the UTUIA’s assets grew by $3 million, its annual revenue topped $17 million, and it produced a surplus (net income after costs are deducted) of almost $2 million.
The UTUIA’s investment portfolio is generally conservative, primarily invested in government and corporate bonds and companies with the highest credit ratings, with just 15 percent of assets invested in stocks and real estate.
Our field supervisors have been provided with new technology that better helps them provide insurance advice, while the number of UTUIA insurance products has increased.
The UTUIA is working to determine what changes in its constitution are required to make its products available to our new SMWIA brothers and sisters (the current constitution limits sales to transportation workers). The key to improving further the UTUIA’s financial performance is growing sales volume, and inclusion of non-transportation workers represented by the SMWIA is essential.
As the UTUIA’s financial performance improves from inclusion of SMWIA’s 150,000 members and increased sales, product offerings can be widened.
As it has been for 135 years, the mission of the UTUIA, an insurance company owned by its trade-union members, remains the same. It is to promote the general welfare of its members; disseminate information about life, health and annuity products that provide for the security of its members and their families; provide uncompromising service quickly, efficiently and professionally; and engage in volunteer activities through its local units.
The UTUIA recognizes its obligations to its members and shall constantly strive to live up to the ideals of the fraternal benefit system.
For more information on the UTUIA and its products, including links to UTUIA field service representatives, click on the following link:
www.utuia.org.

U.S. Capitol Building; Capitol Building; Washington D.C.Never underestimate the impact of your communications to Congress.

Combined with the tens of thousands of messages from others, the House Republican leadership has pulled back a planned vote Feb. 17 on a draconian transportation bill that would cost jobs, menace transportation safety and threaten the future of Railroad Retirement.

As phone call, email and fax communications flooded House offices in Washington – many from UTU members asked to voice their concern — House Speaker John Boehner (R-Ohio) delayed at least for another week a vote on H.R. 7, the misnamed American Energy and Infrastructure Jobs Act.

Boehner’s fellow Republicans were refusing to get in line with the speaker,  taking note of voter displeasure with the bill. Separately, President Obama said he would veto the measure if it reached his desk.

The fight is not over.

“Your contacts with Congress helped make this postponement of a vote necessary,” said UTU National Legislative Director James Stem. “With Congress in recess next week, and House members back in their districts taking the voters’ pulse, it is important you continue to call and email your House representative and renew your plea that they vote “no” on H.R. 7, the misnamed American Energy and Infrastructure Jobs Act.”

Here are the facts on how damaging that bill, if passed into law, could be for UTU members.

* It would facilitate privatization of public transit system by directing more federal funds to systems that contract out at least 20 percent of the jobs.

* It denies transit systems the flexibility to use federal funds to maintain service and retain workers during times of economic crisis, as we now are enduring.

* It eliminates federal minimum wage and overtime requirements for van drivers that transport rail crews between terminals, meaning these already low-paid and fatigued drivers would become more of a safety hazard when transporting crews.

* It delays mandatory implementation of positive train control on passenger rail lines from late 2015 to late 2020.

* It allows freight railroads to implement alternatives to installing of positive train control, which would provide crews and the public far less protection.

* It eliminates grants for hazmat train-the-trainer program, which would dramatically reduce or end training programs at the National Labor College.

* It eliminates capital grants for states seeking to expand and improve Amtrak service.

* It reduces long-term capital funding for Amtrak, limiting Amtrak’s ability to upgrade tracks and bridges on the Northeast Corridor.

* It prohibits Amtrak from using specialized outside counsel to recover from those at fault in Amtrak collisions, likely causing Amtrak to bear full responsibility for deaths and injuries cause by a non-Amtrak entity – even where it is clear the other operator was solely responsible for the entire accident.

* It requires Amtrak to contract-out its food and beverage service to the lowest bidder, threatening 2,000 Amtrak jobs and contributions to Railroad Retirement by shifting those jobs to non-union low-wage, low-benefits operators.

* It makes permanent a pilot program that allows any passenger rail provider to bid for any of Amtrak’s routes.

* It prohibits California from using any highway, transit, or passenger rail funds for development of high-speed rail.

To contact your House member and urge a “no” vote on H.R. 7, the American Energy and Infrastructure Jobs Act, click on the following link:

www.contactingthecongress.org/

Then select your state, click on the name of your representative, and you have the information needed to send an email or fax, or make a phone call.

Freight rail, Amtrak and transit jobs, safety and Railroad Retirement are at risk if this bill is passed by the House of Representatives.

U.S. Capitol Building; Capitol Building; Washington D.C.There are occasions when something so horrible is pending in Congress that we ask your immediate help in taking to the phones and email to alert your lawmaker to the concerns.

In this case, it is especially important if you are represented in the House of Representatives by a Republican, because the Republican leadership is pressing to find enough votes to pass the bill later this week.

The bill is a blueprint for multi-year transportation spending – supported by an anti-labor House leadership – that would have a most negative impact on the job security of bus, rail and transit workers.

It is H.R. 7, the American Energy and Infrastructure Jobs Act, a wolf in sheep’s clothing if there ever was one. A better name would be the anti-jobs act.

Among the bill’s worst provisions are:

* It would facilitate privatization of public transit system by directing more federal funds to systems that contract out at least 20 percent of the jobs.

* It denies transit systems the flexibility to use federal funds to maintain service and retain workers during times of economic crisis, as we now are enduring.

* It eliminates federal minimum wage and overtime requirements for van drivers that transport rail crews between terminals, meaning these already low-paid and fatigued drivers would become more of a safety hazard when transporting crews.

* It delays mandatory implementation of positive train control on passenger rail lines from late 2015 to late 2020.

* It allows freight railroads to implement alternatives to installing of positive train control, which would provide crews and the public far less protection.

* It eliminates grants for hazmat train-the-trainer program, which would dramatically reduce or end training programs at the National Labor College.

* It eliminates capital grants for states seeking to expand and improve Amtrak service.

* It reduces long-term capital funding for Amtrak, limiting Amtrak’s ability to upgrade tracks and bridges on the Northeast Corridor.

* It prohibits Amtrak from using specialized outside counsel to recover from those at fault in Amtrak collisions, likely causing Amtrak to bear full responsibility for deaths and injuries cause by a non-Amtrak entity – even where it is clear the other operator was solely responsible for the entire accident. 

* It requires Amtrak to contract-out its food and beverage service to the lowest bidder, threatening 2,000 Amtrak jobs and contributions to Railroad Retirement by shifting those jobs to non-union low-wage, low-benefits operators.

* It makes permanent a pilot program that allows any passenger rail provider to bid for any of Amtrak’s routes.

* It prohibits California from using any highway, transit, or passenger rail funds for development of high-speed rail.

To contact your House member and urge a “no” vote on H.R. 7, the American Energy and Infrastructure Jobs Act, click on the following link:

www.contactingthecongress.org/

Then select your state, click on the names of your senators and representative, and you have the information needed to send an email or fax, or make a phone call.

Freight rail, Amtrak and transit jobs, safety and Railroad Retirement are at risk if this bill is passed by the House of Representatives.

 

 

As most railroaders can attest, there are times that procedures and operating rules set by the FRA or imposed by carriers can be difficult to understand. The language may seem vague, and the ballast-level application often is left up to interpretation, which leads to ambiguity and confusion.

Other rules and procedures are crystal clear, but the ballast-level application depends on an individual’s level of training and professionalism.

With conductor certification, this responsibility has been highlighted and enhanced, and retaining certification can depend on proper ballast-level application of operating rules.

This brings us to the proper application of one of the most important and consistent rules throughout the nation, which was put into place by the FRA to protect life, limb and property during circumstances that require the utmost attention to detail and all crew members’ undivided attention: restricted speed.

The foundation of restricted speed for all rail carriers is found at Code of Federal Regulations, Section 49, Part 236, Subpart G-Definitions § 236.812, dealing with speed restriction. It requires “A speed that will permit stopping within one-half the range of vision, but not exceeding 20 miles per hour.”

Many will read that statement and proceed at the limits of that definition — a speed of 20 miles per hour — completely overlooking the true intent of the regulation.

Restricted speed is not a posted speed that we strive to maintain. It is as crystal-clear a word that can be used in a procedure: Restricted based on circumstance –circumstance that only those in the locomotive cab can truly apply to ensure safe operation.

Is there a train ahead? Broken rail? Faulty signals? The circumstances surrounding the use of restricted speed may vary, but the importance of protecting life, limb and property never changes.

In short, restricted speed is a warning that something in front of you has the ability to get you fired, hurt or killed. 

When restricted speed is required, the warning should bring one out of your seat – make the hair on the back of your neck stand – because that is how dangerous the situation is at that point.

When speed is restricted, every element of your job should have your undivided attention, looking for what lies ahead — moving at a speed that will allow stopping in an instant when the unknown becomes known.

An in-depth job briefing among crew members is a must, and at times should include contacting the dispatcher for as much pertinent information as possible.

When speed is restricted, engineers and conductors must insist that each other drop all other activities, remain vigilant and attentive at the task at hand.

Conductors must be in position to stop the movement immediately should any doubt arise that the train is not under control using the provided emergency brake handle on their side of the locomotive.

With conductor certification, you are now held accountable, and it is only logical that you place the train into emergency 10 times than to gamble with your life once.

In some cases, we struggle to find examples of others’ misfortune to bring to light our urgency to comply with rules and procedures. Unfortunately, during 2011 there were five serious accidents where, according to the National Transportation Safety Board, crewmembers “failed to operate their trains at the required restricted speed.” Two of these accidents resulted in crew fatalities:

* Red Oak, Iowa, April 17, 2011, on BNSF

* Low Moor, Va., May 21, 2011, on CSX

* Mineral Springs, N.C., May 24, 2011, on CSX

* DeWitt, N.Y., July 6, 2011, on CSX

* DeKalb, Ind., Aug. 19, 2011, on Norfolk Southern

Be wise and learn from the mistakes of others who failed to follow rules, procedures and signal systems that were designed over decades to prevent such collisions.

The UTU Safety Task Force urges you to operate at a speed that will allow you to go home to your family in once piece — never allowing others to set your level of personal safety.

Fraternally,

UTU Safety Task Force

Greg Hynes

Steve Evans

Jerry Gibson

To read other Rail Safety Alerts from the UTU Rail Safety Task Force, click on the following link:

https://www.smart-union.org/safety/smart-rail-safety-task-force/

 

WASHINGTON – Federal spending on transportation projects, including aviation, highway, conventional and high-speed passenger rail and transit, would increase by 2 percent under a proposed fiscal year 2013 budget presented Congress Feb. 13 by President Obama.

Transit spending would increase by 105 percent.

The president’s budget request is the first step toward crafting a budget for FY 2013, which begins Oct. 1, but Congress never adopts a president’s budget as presented. The road between the president’s budget request and final congressional passage of a new fiscal year budget is a long and torturous path.

The president proposed the transportation spending increases using funds that will be saved as wars in Iraq and Afghanistan wind down. A core objective of the spending is to put more Americans back to work.

Bloomberg news reports that Republican congressional leaders immediately rejected the president’s budget proposal as being too expensive. House Speaker John Boehner (R-Ohio) told Bloomberg that the president’s budget is “a collection of rehashes, gimmicks, and tax increases.”
 
Obama countered that his budget request “allows us to invest in the things that will help grow our economy right now. We can’t cut back on those things that are important for us to grow. We can’t just cut our way into growth.”

Transportation Secretary Ray LaHood said the president’s budget “reflects our commitment to investing in an America that is built to last. A strong American economy depends on the roadways, runways, and railways that move people and goods from coast to coast and around the globe.”

Morr

By Bonnie Morr
Vice President, Bus Department

The UTU has gained a new First Transit property in Farmington, N.M., which is now in Local 1687 out of Albuquerque. Contract negotiations have begun.

We also are in the initial stages of organizing some 200 workers on a transit property and a light rail property in Southern California.

I am currently assisting Local 1741, whose members are employed by First Student in San Francisco as they prepare for two arbitrations, including a discipline issue and a workers’ compensation issue. In both cases we are seeking reinstatement of the members.

With assistance from the International Law Department, we recently completed a trial at the National Labor Relations Board over an unfair labor practice at a UTU property in Riverside, Calif., which had been closed without holding negotiations.

We are seeking from the NLRB a severance package for the 135 members who lost their jobs. Final briefs are due in mid-February.

Alternate Vice President Calvin Studivant has been working with Waverly Harris, general chairperson at Local 1574 (Southeastern Pennsylvania Transportation Authority) on numerous grievances where they have settled seven of 10 without having to go to arbitration.

At Local 1715, which represents drivers employed by Charlotte Area Transit System, a driver was reinstated with full back pay after Calvin Studivant defended the driver in arbitration.

In Washington, we are facing a battle with legislation introduced by the House Republican majority attacking transit operating assistance and pushing for privatization that would permit foreign-based operators to enter the U.S. market and access federal transit aid.

This legislation also attacks 13(C) protections of the Federal Transit Act that we worked so hard to protect. They require continuation of collective bargaining rights, and protection of transit employees’ wages, working conditions, pension benefits, seniority, vacation, sick and personal leave, and other conditions of employment, as well as paid training or retraining, when federal funds are used to take over a transit operation.

The UTU National Legislative Office and other transit unions are working to halt this attack, and donations to the UTU PAC will provide additional assistance in this election year.

By RICK JOHNSON
Colorado State Legislative Director

Safety is job number one for UTU-represented pilots employed by Great Lakes Airlines.

Yet their current contract with the carrier is substandard in terms of working conditions and wages that daily puts pressure on their ability to fly passengers safely.

The image of airline pilots earning high wages and access to company-paid top-flight hotel rooms does not apply to our Great Lakes brothers and sisters.

Under the current contract with Great Lakes Airlines, pilots are the lowest paid of any scheduled passenger airline in the United States.

On Great Lakes Airlines, a first officer can expect to make less than $15,000 in the first year. These pilots are professionals with extensive training and expertise, and some of them are paid less than entry-level retail and food service jobs.

Imagine a pilot on food stamps, or having to sleep in passenger lounges in airports. Don’t imagine. Just ask a Great Lakes pilot.

Their UTU Local 40 has been in negotiations with Great Lakes management for more than two years, with negotiations locked-down in difficult mediation under provisions of the Railway Labor Act, which also applies to airline workers.

Local 40 flight attendants, also represented by the UTU, recently ratified a new agreement, but negotiations dragged for – yes – 10 years! The pilots are hoping to reach an equitable settlement with Great Lakes Airlines more quickly.

In a recent poll of pilots, 97 percent supported a job action, but that is not possible until the National Mediation Board releases the parties from mediation.

Based in Cheyenne, Wyo., and with hubs in Albuquerque, N.M.; Denver; Los Angeles, Minneapolis and Phoenix, Great Lakes Airlines serves 48 of its destinations through federal subsidies provided by the congressionally created Essential Air Service program. The airline is the nation’s largest provider of Essential Air Service.

The pilots fly 30-passenger Embraer and 19-passenger Beechcraft aircraft.

UTU members can help their brothers and sisters at Great Lakes Airlines by contacting city council members in the cities Great Lakes serves, and by contacting members of Congress.

The message is straight forward: For the safety of the flying public, pilots on Great Lakes Airlines deserve a contract that provides for a livable wage and appropriate accommodations at layover points to ensure they receive undisturbed rest.

To contact your congressional lawmaker on behalf of our brothers and sisters at Great Lakes Airlines, click on the following link:

www.contactingthecongress.org/

Then select your state, click on the names of your senators and representative, and you have the information needed to send an email or fax, or make a phone call.