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UTU Bus Department logoWASHINGTON – A Final Rule has been issued by the Federal Motor Carrier Safety Administration (FMCSA) prohibiting bus (including school bus) drivers and truck drivers, operating in interstate commerce, from using hand-held cell phone while operating their vehicles.

Also inncluded in the ban are drivers of small passenger vehicles designed to transport between nine-and-15 passengers.

The final rule will become effective in late December, and violation subjects drivers to stiff fines and loss of their commercial driver’s license.

An exemption permits the use of a hand-held device for communicating with law enforcement or other emergency services while the vehicle is in operation.

The ban exempts the use of hands-free devices located in close proximity to the driver where the driver need only press a single button. The FMCSA said stops can be avoided “by using hands-free” devices with a speakerphone function or a wired or wireless earphone.

In 2010, the FMCSA banned text messaging by bus (including school bus) and truck drivers while operating their vehicles in interstate commerce.

“When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” said Transportation Secretary Ray LaHood. “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”

Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense.

Additionally, states will suspend a commercial driver’s license (CDL) after two or more serious traffic violations. Commercial bus and truck companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.

The FMCSA said that “using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event.

“Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event,” said the agency.

In 2010, the FMCSA banned text messaging while operating a bus or truck in interstate commerce.

To read the Final Rule on the cell-phone ban, click here.

Revisions to the Anthem Voluntary Short Term Disability (VSTD) plan that better reflect the actual claims experience of our rail members and adjust to the prevailing market rate for this type of coverage will become effective Jan. 1, 2012.

Revisions to the Lincoln National Life Short Term Disability plan for bus members are being evaluated and should be available within the next 60 days.

The UTU Board of Trustees has carefully studied the various options available to our group and concluded that these revisions are warranted and necessary for the long-term health and viability of the plan.

First and foremost, our focus is to maintain a basic “safety net” of coverage for our members while balancing plan costs with plan benefits.

The revisions below are effective Jan. 1, 2012. If you currently do not participate in the Anthem VSTD plan because you had previously waived coverage, you are not affected by these revisions.

•The monthly premium has changed to $34.50 per month from $31 per month.

•The plan no longer provides benefits for alcoholism or drug addiction treatment at a rehabilitation center or other institution approved for such treatment.

•The benefit period has been reduced to 26 weeks for all disabilities.

Except for these revisions, there are no other changes to the plan or its operation.

There are no new pre-existing condition exclusions to satisfy under the revised plan.

If you have already satisfied the 12-month pre-existing condition exclusion period, or are in the process of satisfying it, then your status will carry forward to the revised plan. Your enrollment date under the original plan will apply to the revised plan.

If you become a member of the plan, for the first time, on or after Jan. 1, 2012, you will be subject to a 12-month pre-existing condition exclusion period (the same provision as existed under the original plan).

If you incur a disability that commences on or before Dec. 31, 2011, your disability benefits (for the entire period of that disability) will be calculated based on the original plan benefits in effect prior to the Jan. 1, 2012, revisions. All disabilities that commence on or after Jan. 1, 2012, will be subject to the revised plan guidelines.

Your benefits remain 100% tax-free.

If you own a UTUIA disability plan, you may continue to collect those benefits with no offset to your Anthem disability benefits 

The premium change will be made effective with your December 2011 pay. This will happen automatically through your local treasurer to ensure your coverage is not interrupted. There is nothing for rail members to do to continue this valuable coverage.

If you decide to leave the plan, you must notify us with a waiver form (available on the UTU website), completed and mailed to the International. Once we receive your waiver form, we will contact your local treasurer to discontinue deductions and make any necessary refunds to you. 

Once you submit a waiver form, you will no longer be eligible to participate in the plan. If you wish to re-enroll at a later date, you will be subject to full underwriting at your expense, with no guarantee of acceptance. If you are accepted, you will be required to satisfy a new 12-month pre-existing condition exclusion period.

Waiver forms should be mailed to: Attn: Dora Wolf, United Transportation Union, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333.

In 2009, the UTU introduced the Anthem (VSTD) plan and made preparations for the initial enrollment. The plan has received overwhelming support from our rail members, with more than 40,000 enrolled. Since its inception, UTU members have become eligible for over $25,000,000 in disability benefits. While we never want to see our members sick or injured, we are excited that the Anthem plan was available when they needed it.

 

amtrak locomotive; amtrak car; amtrakWASHINGTON — Congress, unable to agree on very much lately, has agreed on funding for Amtrak, bus transportation, commercial aviation and transit through Sept. 30, 2012.

The funding is for fiscal year 2012, which began Oct. 1. Earlier, Congress agreed to legislation extending FY 2011 funding until final agreement on FY 2012 funding could be reached.

AMTRAK

For FY 2012, Amtrak will receive $1.42 billion, or $64 million less than Amtrak received in FY  2011. The 1.42 billion includes $466 million for operations — 17 percent below operating assistance provided Amtrak for the previous fiscal year. The remainder, or $952 million, is for capital improvements and debt service — 3 percent above what was provided for capital improvements and debt service in FY 2011.

In a victory for Amtrak, Congress agreed to scrap an earlier House effort to eliminate the use of federal dollars for 26 state-supported Amtrak routes, which help fund some 150 regional passenger trains serving nine million passengers annually.

However, Congress chose to zero-out new funding for higher-speed rail. President Obama had proposed $3.6 billion for higher-speed rail for FY 2012 (and $53 billion over six years), and the Senate had proposed $100 million for FY 2012. Rep. Jerry Nadler (D-N.Y.), a member of the House Rail Subcommittee, said of the funding cut:

“I truly believe that it is the best we are going to do in this current economic climate. High-speed rail should be an option between any cities within a 500-mile radius, providing competitive trip times and fares, freeing up airspace and benefitting our environment, economy and national security. It makes no sense to abandon our efforts to develop high-speed rail in this country, so I hope the Republicans abandon their efforts to kill it.”

Congress also agreed to limit overtime payments by Amtrak to no more than $35,000 per employee, although there is an exemption if Amtrak finds that the cap for any specific employee would pose a risk to safety or operational efficiency.

BUS and TRANSIT

Congress voted $2.1 billion for the Federal Transit Administration, which includes an $18 million increase in funding for state and local bus grants to $8.3 billion for FY 2012. Also provided is $1.9 billion in grants for new bus and transit start-ups – an increase of $358 million from FY 2011. However, the legislation limits the federal share of new starts to 60 percent, which could pose problems for budget-challenged municipal transit agencies.

Congress has yet to agree on allowing a portion of federal dollars earmarked for new equipment and facilities to be used by municipalities and states for operations so as to retard elimination of bus routes and employee furloughs. The UTU National Legislative Office continues to educate congressional lawmakers on the importance of allowing such flexibility.

AVIATION

Congress funded the Essential Air Service program at $144 million for FY 2012, but included language limiting funds to communities that first received Essential Air Service grants in FY 2010 and FY 2011. Congress remains deadlocked on longer term authorization for the Essential Air Service program.

Additionally, the Federal Aviation Administration received $12.5 billion – an increase of $137 million from FY 2011 – for airports, facilities and equipment, as well as for the Next Generation Air Traffic Control System.

Two locals have placed holiday party announcements in the November issue of the UTU News, which may not reach all members in sufficient time to plan attendance.
To ensure that members have advance notice of the upcoming get-togethers, see the listing of announcements below:
Local 622, Birmingham, Ala.
All UTU members and their families are invited to the annual “Jimmy Lee Dorough” Christmas Party of this local Dec. 9 from 6 to 8 p.m. at the Whistle Stop Café, 1901 First Avenue in Irondale, Ala. Please notify Alabama State Legislative Director Ron Clements at (334) 264-8758 if you will be attending. “Merry Christmas, and we hope to see you there,” Clements said.
Local 768, Decatur, Ill.
Two Christmas parties are scheduled for members of this local next month, Local Chairperson Dan Calhoun reports. Local 768 and the Brennan Law Firm will hold their annual party Dec. 10 at 6 p.m. at the Mt. Zion Lions Club. The menu is a traditional holiday meal including ham, turkey, and all the fixins’. There will be music and the bar will be open for wine and beer. All railroaders and their spouses or a guest, from all crafts in and around the Decatur area, are invited. Reply to Larry Stephenson at (217) 428-1171 or Lloyd Holman at (217) 423-0210. For more information, call The Brennan Law Firm at (800) 816-7245. A members-only party in conjunction with the law firm of Callis, Papa, Hale & Szewczyk will be held Dec. 15 at 6:30 p.m. during the local’s regular monthly meeting at the IBEW Hall, 3390 N. Woodford St. in Decatur. Food and refreshments will be provided. Designated legal counsel will be on hand to provide members with a presentation and answer questions.
 

The UTU International is receiving questions from members regarding recommendations of Presidential Emergency Board 243, which was created under provisions of the Railway Labor Act after talks between other rail unions and the National Carriers’ Conference Committee (NCCC) broke down.

In the wake of that PEB 243’s recommendations, the Brotherhood Railroad Signalmen, the International Brotherhood of Electrical Workers, the International Association of Boilermakers & Blacksmiths,the International Association of Machinists, the National Conference of Firemen & Oilers, the Sheet Metal Workers International Association, and the Transportation Communications Union, including its Carmen Division have reached a tentative agreement with the NCCC, which are said to “mirror exactly” the PEB’s recommendations.

The other rail unions have resumed negotiations with the NCCC to consider the PEB recommendations, as required by the Railway Labor Act.

References to the UTU’s ratified agreement are extensive in the PEB recommendations. Out of respect to the other organizations, an analysis of those findings will be provided our membership after the other organizations complete the negotiation process.

 To read PEB 243, click on the following link:

11-07-11:  President Releases Railroad PEB Report #243
  

 

FRA logoWASHINGTON – The Federal Railroad Administration, in response to inquiries about when it is permissible for an employee directing the movement to operate a motor vehicle in the context of a pushing or shoving movement, has issued the following advisory:

The central concern in each situation is whether the practice violates the prohibition in the Railroad Operating Practices regulations at 49 CFR 218.99(b), which states, in part:

No unrelated tasks. During the shoving or pushing movement, the employee directing the movement shall not engage in any task unrelated to the oversight of the shoving or pushing movement.

Factual circumstances may dictate whether an operation is safe and in compliance with the regulations.

Question 1: Do the Railroad Operating Practices regulations allow an employee to make an initial determination that the track is clear from a motor vehicle in which the employee is operating prior to the initiation of the shoving or pushing movement?

Answer:  While there may be some risk involved when an employee is both determining that the track is clear and operating the motor vehicle, the regulation does not strictly prohibit the same person from doing these tasks simultaneously when the movement has not been initiated and oversight of the movement is not required. However, if the terrain is uneven or the view is obstructed, the person may occasionally have to operate the vehicle at a slower speed or even stop the vehicle in order to accurately determine that the track is clear. 

Question 2: Do the Railroad Operating Practices regulations allow an employee to determine that the track is clear from a motor vehicle in which the employee is operating while simultaneously directing a shoving or pushing movement that is in motion? 

Answer:  Although there is no strict prohibition, the FRA is concerned that an employee who operates a motor vehicle while the shoving or pushing movement is in motion may not be adequately overseeing the train movement.

One of the stated purposes of the prohibition against engaging in any task unrelated to the oversight of the shoving or pushing movement was that it “increases the probability that the controlling employee will be in a position to reduce the severity of any accident that might occur.” (73 Fed. Reg. 8442, 8476) The cited language in the preamble to the rule immediately follows a recap of the fatal accident in Manlius, N.Y., which led to the issuance of FRA Safety Advisory 2007-01.

That fatal accident involved a carman whose vehicle was dragged a considerable distance before the employee directing the movement was contacted to stop the movement. The preamble language clarified that the “no unrelated task” provision was added as a compromise in exchange for the FRA giving up the proposed requirement that the leading end of the movement be continuously kept in sight by the employee directing the movement. 

The FRA recognized that “a ‘continuous observation’ requirement would force more employees either to walk or ride the point – creating an even greater vulnerability that someone could get hurt.” (73 Fed. Reg. 8476) The same type of argument could be made regarding an employee directing the movement who is instructed or elects to drive a vehicle while the shoving or pushing movement is in motion. 

With these concerns in mind, the FRA determined that an employee must not simultaneously direct a shoving or pushing movement while operating a motor vehicle of any type, except as follows:

* An employee may operate a motor vehicle to a point where he or she can visually determine that the track is clear, pursuant to 49 CFR 18.99(b)(3)(i).  After stopping the motor vehicle and determining that the track is clear for a specified distance, the employee directing a shoving or pushing movement may give an initial instruction to the engineer to start a shoving or pushing movement for the specified distance.

* After giving the initial instruction, the employee may operate the motor vehicle while the shoving or pushing movement is in motion. 

* After visually determining that the track is clear for an additional specified distance, the employee directing a shoving or pushing movement must stop the motor vehicle in order to provide any additional instructions to the engineer. This process may be repeated until the shoving or pushing movement is completed. 

* The FRA recognizes “that employees can safely make shoving or pushing movements without continuously observing the leading car (i.e., the leading end of the movement) for the entire distance of the movement.” (73 Fed. Reg. 8477) However, to the extent possible, the FRA would expect an employee to observe a shoving or pushing movement in progress and be able to take appropriate action to minimize the severity of any unexpected derailment or accident that might occur.

* Under all circumstances, the engineer must stop the movement in one-half the specified distance, unless additional instructions are received.  (49 CFR 220.49)

Question 3: Do the Railroad Operating Practices regulations allow an employee directing the shoving or pushing movement that is in motion to determine that the track is clear while riding in a motor vehicle as a passenger? 

Answer:  There is no strict prohibition on an employee determining that the track is clear while riding in a motor vehicle as a passenger. Of course, if the terrain is uneven or the view is obstructed, it may not be factually possible to make the determination that the track is clear.  As always, the FRA will consider enforcement action when the circumstances show that the person could not make an accurate determination.

The published fax number for the UTU’s Discipline Income Protection Program (DIPP), (216) 227-5209, is not working.

Until the technical issues are resolved, those needing to contact the DIPP by fax should use this number: (216) 916-4845.

Watch www.utu.org/ for notice that the former fax line has been restored.

DIPP Administrator Angie Martinez can be reached by voice at (216) 228-9400, ext. 3015, or via email at dipp@utu.org.

We apologize for the inconvenience.

propeller; airplane propellerWASHINGTON – For more than four years, Congress has attempted, unsuccessfully, to pass a long-term commercial aviation funding bill to modernize airports and the national’s air traffic control system.

Two sticking points this year in reauthorization of the Federal Aviation Administration (FAA) are an extension of the $200 million Essential Air Service program and a National Mediation Board ruling affecting representation votes under the Railway Labor Act.

The Essential Air Service program — which subsidizes commercial air service to some 150 rural communities that, otherwise, would lose their air service because it is unprofitable — is provided primarily by regional airlines that employ UTU-represented pilots and flight attendants.

The NMB rule-change scrapped a 75-year curiousity of counting those who chose not to vote as having voted “no” for union representation. The new rule comported with every other democratic election — whether it be for the local PTA or for members of Congres — counting only those ballots actually cast in determining whether employees wish to be represented by a labor union.

However, conservative Republican leaders, such as House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.), want to scrap subsidies that assure air service to rural areas and overturn, through legislation, the NMB ruling.

While the Republican-controlled House of Representatives remains opposed to the Essential Air Service subsidies and the modernization of the rep-vote rule by the NMB, the Democratic-controlled Senate has pushed back. With no agreement, lawmakers have passed a series of short-term funding extensions that keep the nation’s commercial aviation network running while they continue to lock horns over the subsidy and vote-rule issue. As a result, long-term funding for airport and safety improvements is in liimbo.

The latest of 22 short-term extensions expires Jan. 31, and Mica is threatening to allow another partial shutdown of the system as occurred earlier this year when the House and Senate failed to agree, for a few days, on even another short-term extension.

Senate Majority Leader Harry Reid (D-Nev.) and Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.) remain committeed to not sacrificing the Essential Air Service program or allowing a congressional rollback of the NMB rule. President Obama has promised to veto any bill that does not preserve the Essential Air program and leave untouched the NMB ruling.

This congressional battle, as with so many other issues before Congress, has become, from Greek mythology, a Sisyphean struggle – a reference to King Sisyphus punished by being compelled to roll an immense boulder up a hill, only to watch it roll back down, and having to repeat this through eternity. 

A former treasurer of UTU Local 1006 (Brownsville, Pa.), Derek Klingman, has been indicted on charges of embezzling more than $9,300 from his local, reports the Pittsburgh Tribune-Review.

The newspaper reports the indictment alleges Klingman “wrote and cashed unauthorized union checks for his personal benefit.”

So far this year, four former UTU local treasurers – and seven more from other rail unions – have faced federal indictments alleging they unlawfully converted union funds for personal use.

The UTU International reports on these indictments not further to embarrass the individuals charged or their locals, but to provide a warning that improper handling of union funds can lead to federal criminal indictments resulting in prison sentences.

UTU treasurers with questions regarding proper handling of union funds should contact the general secretary and treasurer at UTU headquarters in North Olmsted, Ohio.

An indictment is a formal accusation or charge based on a finding by a grand jury that it is likely that the person charged committed the criminal offense described in the indictment and is the means by which an accused person is brought to trial. An indictment raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty in a court of law.

WASHINGTON – The Federal Railroad Administration’s chief legal counsel has been named deputy administrator – the agency’s number two position.

Karen Hedlund succeeds Karen Rae, who departed to take a post in the administration of New York Gov. Andrew Cuomo. Hedlund had been a Federal Highway Administration attorney prior to joining the FRA’s legal staff.