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WASHINGTON – Responding to petitions for reconsideration to its Nov. 9, 2011, final rule on conductor certification, the FRA has delayed for six months the testing implementation dates and clarified other mandates affecting territorial qualifications and the definition of hostlers.

The FRA, in a Feb. 8 Federal Register notice, said that because its final rule was published Nov. 9, 2011, six months later than contemplated, carriers were not permitted sufficient time to formulate training programs and have them approved by the FRA in time for testing to begin March 1, 2012.

Therefore:

* By Sept. 1, 2012 (rather than March 1, 2012), each railroad (other than Class III) shall designate as “certified conductors” all persons authorized by the railroad to perform the duties of a conductor as of Jan. 1, 2012; and issue them certificates of certification.

* Class I and Class II (regional) railroads, Amtrak and railroads providing commuter services, will have until Sept. 30, 2012, to submit to the FRA for approval their programs for training, testing and evaluation. Class III (shortlines, switching and terminal) railroads will have until Jan. 31, 2013 to do so. The programs submitted by railroads will require collaboration with UTU general chairpersons.

* After Sept. 1, 2012, each railroad (other than Class III) shall designate as a “certified conductor” those authorized by the railroad to perform the duties of a conductor subsequent to Jan. 1, 2012, upon successful completion of testing, training and evaluation.

* After Dec. 1, no Class I or Class II railroad, Amtrak or railroad providing commuter service shall initially certify or recertify a conductor unless that conductor has been tested and evaluated. For Class III railroads, that date is April 1, 2013.

* No later than March 31 of each year (beginning in calendar year 2014), all railroads other than Class III railroads, shall conduct a formal annual review and analysis concerning the administration of its program for responding to detected instances of poor safety conduct by “certified conductors” during the prior calendar year.

* If a conductor lacks territorial qualifications on main 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 on main track physical characteristics of the territory over which the conductor is to serve, the assistant shall be a “certified conductor” who is not an assigned crew member.

* For a conductor who was previously qualified on main line physical characteristics of the territory over which the conductor is to serve, but whose qualification has expired for one year or less. and who regularly traversed the territory prior to the expiration of the qualification, the assistant may be any person, including an assigned crew member, who meets the territorial qualification requirements for main track physical characteristics.

* For a conductor who previously qualified on main track physical characteristics of the territory over which the conductor is to serve, and whose qualification has been expired for one year or less, but who has not regularly traversed the territory prior to the expiration of the qualification, or a conductor whose territorial qualification on main track has been expired for more than a year, the assistant may be any person, including the assigned crewmember other than the locomotive engineer, so long as the serving assistant would not conflict with that crewmember’s other safety sensitive duties and who meets the territorial qualification requirements for main track physical characteristics.

* As for qualification, and since territories differ in their complexity, railroads will be given discretion to determine how many times a conductor must pass over a territory to be considered to have regularly traversed a territory.

* Each of these territorial qualification issues will be included in each railroad’s plan filed with the FRA and will contain the input from general chairpersons.

Hostler Type Assignments Not Covered

* A person who moves a locomotive or a group of locomotives within the confines of a locomotive repair or servicing area — or moves a locomotive or group of locomotives for distances of less than 100 feet, and this incidental movement of a locomotive or locomotives is for inspection or maintenance purposes — is not subject to conductor certification requirements.

Theproposed new minimum training standards for those in in safety sensitive positions, announced by the FRA in aFeb. 7 Notice of Proposed Rulemaking (see link, below), will also apply to conductor certification training programs. “With many thousands of new employee coming on board in the near future, the new training standards will help provide adequate training,” said UTU National Legislative Director James Stem.

Click here to read the changes to conductor certification as published Feb. 8 in the Federal Register.

Click on the following link to read the proposed new minimum training standards for those in safety sensitive positions (that will also apply to conductor certification training):

https://www.smart-union.org/news/fra-proposes-new-minimum-training-standards/

Click on the following link to read about the Nov. 9, 2011, final rule on conductor certification:

https://www.smart-union.org/news/conductor-certification-clear-track-for-jan-1/

For transportation workers, our eyes are among the most important tools of our trade. Lose your eyesight and you lose your livelihood.

That’s why every transportation worker should be aware that an eye disease called glaucoma is the second leading cause of blindness, affecting more than three million Americans.

Glaucoma often is called a “sneak thief”, because it has no apparent symptoms. Undiagnosed glaucoma, which attacks the optic nerve, can rob us of 40 percent of our eyesight slowly, but progressively — and before we fully realize the problem. Once glaucoma robs us of our vision, there is no cure.

However, medication and/or surgery can slow down or prevent loss of vision.

While glaucoma has no symptoms, there are events you should be aware of – events that should send you immediately to an eye doctor:

* Any loss of vision

* Unexplained eye pain

* Unusual or unexpected eye redness

* Haloes

* Blurred vision

Those with a family history of glaucoma, those with diabetes, those with high blood pressure and those severely nearsighted or farsighted are most at risk of developing glaucoma.

Annual eye examinations can detect glaucoma and provide a treatment to slow or prevent it from robbing you of your eyesight.

 

FRA logoWASHINGTON – New minimum training and qualification standards are being proposed by the Federal Railroad Administration for rail workers in safety sensitive positions.

In a Notice of Proposed Rulemaking published Feb. 7 in the Federal Register, the FRA said affected employees would have to be trained and qualified in federal rail safety laws, regulations and orders. Those affected include train and engine workers, maintenance-of-way employees, and workers who inspect and repair freight and passenger cars and locomotives.

The FRA proposes that each railroad or contractor develop a training program designating the qualifications of each employee and them submit that program for agency approval. The training would consist of proficiency-based, incremental training modules, with workers required to demonstrate proficiency in one area before being permitted to accept additional instruction.

Employers would then be required to conduct periodic oversight of their own employees to determine compliance, and conduct annual written reviews of their training programs to close performance gaps.

The proposed rule is a requirement of the Rail Safety Improvement Act of 2008.

“Well-designed training programs have the potential to further reduce risk in the railroad environment,” said FRA Administrator Joe Szabo. “Better training can reduce the number of accidents, particularly those caused by human factors, which account for the vast majority of reportable accidents each year.”

The proposed new rule was developed with the input from officials in numerous federal and state government agencies, industry and labor.

UTU National Legislative Director James Stem said, “We need to start at the end of the pipeline. When you have a student, a new employee or an existing employee who is being trained on new equipment or new operating practices, what skills do we expect that employee to possess at the end of the training process? And then we’ll work back from that.”

Stem said many railroads, seeking to reduce training costs, have delivered self-directed, computer-based training, “leaving workers unprepared for the hazards of the job. Where there’s no instructor in the room, and all of the available information for the student is on the screen, if the student doesn’t understand the question, he or she has no one to ask. That student is then sent to the field.”

Stem said the proposed rule would create nationwide uniformity in training.

To read the FRA’s Notice of Proposed Rulemaking, click on the following link:

www.fra.dot.gov/rcc/pages/fp_321.shtml and then click on “Notice of Proposed Rulemaking”.

NMB logo; National Mediation BoardWASHINGTON – The House and Senate agreed Feb. 6 on legislation authorizing increased future funding for new air traffic control technology and the Essential Air Service subsidy program to rural airports as part of a reauthorization of the Federal Aviation Administration.

Lawmakers voted to scrap an attempt by House Republicans to overturn a 2011 National Mediation Board (NMB) ruling making organizing under the Railway Labor Act comport with rules of all other elections in the U.S. 

President Obama says he will sign the bill into law.

The NMB last year revised its rule on representation elections, providing that in all representation elections under the Railway Labor Act (which also covers airline employees), only ballots from those actually voting would be counted. Previously, those not voting were considered to have voted “no” for representation. In changing its outdated 75-year-old representation election rule, the NMB said no other elections in the United States count those not voting as having voted ‘no.’

The legislation does change NMB representation rules by requiring 50 percent of eligible employees sign an authorization card (rather than 35 percent) before a representation election may be held. The UTU has long required more than 50 percent before seeking a representation election on railroad and airline properties it seeks to organize.

The legislation also requires public hearings for future NMB rulemakings, and requires Government Accountability Office audits of the NMB every two years.

While continuing the Essential Air Service subsidy program for rural airports, the legislation does cut service to some rural airports, but not those served by Great Lakes Airlines, whose crews are represented by the UTU.

The legislation provides some $13 billion for airport improvements and $38 billion for Federal Aviation Administration air traffic control operations.

WASHINGTON – More than $826 million will become available to transit systems in the U.S. this year for modernizing and repairing vehicles, the Department of Transportation announced Feb. 6.

“An American economy that’s built to last must be built on a solid foundation, and when we have buses, transit facilities, and other equipment that’s in disrepair, we simply cannot afford to ignore them,” said Transportation Secretary Ray LaHood said. 

The recipients of these funds will be announced in July, LaHood said.

The following is a joint letter from UTU International President Mike Futhey and Sheet Metal Workers’ International Association General President Joe Nigro on the merger of the two organizations to become the Sheet Metal, Air, Rail & Transportation Workers (SMART).

Brothers and sisters:

Futhey

The merger of the United Transportation Union (UTU) and the Sheet Metal Workers’ International Association (SMWIA) into the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) became effective Nov. 30, 2011.

The two of us firmly believe that the time for conflict between our two great unions is over. It is time to heal our wounds and embark jointly on a productive and successful future.

Central UTU issues of craft and general committee autonomy are intact and not an issue. It is time to build a bigger, stronger and more effective organization in order to meet the many challenges facing you, our memberships.

We begin now to implement the provisions of the merger agreement that recognizes the need for an orderly transition of our respective organizations.

Nigro

Change, at times, may be difficult, but both of us are committed to bringing our unions together in SMART by building on our strengths.

The UTU brings to SMART proven accomplishments before the National Mediation Board and in dealing with the Railway Labor Act, rail safety and state legislative issues. The SMWIA brings to SMART expert knowledge related to organizing and extensive training resources and facilities nationwide.

Combined as SMART, we create a large and powerful voice within the AFL-CIO and in advancing legislative objectives in Congress and state legislatures.

In the months ahead, we ask you to work with us collaboratively, creatively and with open minds to preserve the best practices of the UTU and SMWIA, and to become more efficient and cost-effective in conducting union business.

As we write this, committees are forming to work out the myriad details necessary to accomplish the merger.

We intend the implementation process to be transparent and welcome your involvement in building SMART into the best possible union for the sake of all our members. Both of us pledge our loyalty to the mission we now undertake.

—

The Sheet Metal Workers’ International Association (SMWIA), a member of the AFL-CIO and the Canadian Labour Congress, is 150,000 members strong, with 2,027 working in the railroad industry.

SMWIA members also work in construction, manufacturing, service and shipyard industries, primarily in HVAC systems as well as architectural and specialized metal fabrication.

The SMWIA’s earliest predecessor — the Tin, Sheet Iron and Cornice Workers’ International Association — was formed in January 1888. In 1924, the SMWIA name was adopted. Railroad shop workers have always been an integral part of the union.

GARY, Ind. – Michael M. Shoemaker, 55, a conductor and member of UTU Local 1383, was killed Jan. 30 in a switching accident on at U.S. Steel’s Gary Works here. Reports are that he was wedged between two freight cars.
Shoemaker, of Hobart, Ind., was an 10-year employee, of Gary Railway, which is owned by U.S. Steel.
Reports indicate he was working as a foreman in a three-person conventional switching operation when the car he was riding “impacted the side of the standing equipment that the crew had placed” on an adjacent track, pinning him.
The accident is being investigated by the Indiana Occupational Safety and Health Administration.
Shoemaker is the first UTU member to be killed in a rail accident in 2012. In 2011, there were 10 rail fatalities among UTU members; and 12 in 2010.

Clint Miller

UTU General Counsel Clint Miller will retire Nov. 1 at age 65. Until then, he will relinquish his daily office duties and serve as a consultant, on an as-needed basis, to International President Mike Futhey and the law department staff.

Miller has been a fixture in the UTU law department for 27 years – 21 of them as UTU general counsel.

“I have enjoyed my 27-year tenure with the UTU, and my work on behalf of rail labor over the past 32 years, because the job has permitted me to have a role in making the lives of working people better,” Miller said. “I have been fortunate in working for the UTU and have served with the finest officer corps at every level, and the finest employees in all of transportation labor.”

UTU International President Mike Futhey said: “In Clint Miller, the UTU has had a lawyer with the best interests of the membership at heart, and we look forward to the continued availability of his consulting services until his Nov. 1 retirement.”

WASHINGTON – UTU members can make a difference in Congress, and your emails and phone calls — as requested by the UTU International — helped derail an attempt by House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.) to permit longer and heavier killer trucks on more of the nation’s highways.

The enabling provision – to permit extended use of triple trailers and trucks weighing almost 100,000 pounds — was pulled from a proposed highway funding bill by committee members following significant public opposition made known to members of Congress.

Instead, the committee voted to delay consideration of the provision for three years so as to properly study the impact of longer and heavier trucks, which includes the shifting of freight from rails to the highway.

The Association of American Railroads, citing a study out of the Massachusetts Institute of Technology, estimated that extending, nationwide, current limited use of longer and heavier trucks would reduce rail traffic by 19 percent and put almost eight million more trucks on the road.

“Before we put the public safety at risk, we should do the study and make an informed decision,” said Rep. Jerry Costello (D-Ill.).

The Senate previously voted for a study on the issue.

 

A short video explaining the benefits of UTU membership, which was presented at the 2011 UTU regional meetings and the 2011 quadrennial convention, is now available online at www.utu.org.
The video notes the history of labor unions in the United States, which originated in the railroad industry, and the positive role the UTU plays in the transportation industry and in government.
“UTU: Stronger Than Ever” also examines the UTU’s role in public policy and its efforts to protect collective bargaining rights through the union’s Collective Bargaining Defense Fund. The Collective Bargaining Defense Fund was instrumental in working against political extremists in Wisconsin and Ohio, where politicians were recalled and anti-worker legislation was overturned.
The video is available through the UTU’s homepage at www.utu.org by selecting “About UTU” at the top of the page, then choosing the “UTU Publications and Videos” link.
To view the video, click here.