“Stay calm and carry on” has always been the best advice during challenging times. It is appropriate advice for UTU members and employees as we move forward following the October 10 merger arbitration award.
That arbitration ruling makes the merger look very similar to the merger we were initially promised — the merger the UTU membership and I voted for in 2007.
The arbitrator recognized that maintaining the historical governance of the UTU was important by ruling that the UTU’s cherished craft autonomy, along with general committee autonomy, be preserved post-merger; and that changes to the UTU Constitution not be unilaterally made by the SMWIA executive council.
As required by the arbitration decision, I met with new SMWIA General President Joe Nigro, who took office July 1. The meeting was productive and positive.
At a meeting in early November of all incoming UTU International officers — a meeting traditionally held between a quadrennial convention and those officers being seated — we discussed the events of the past four years.
We agreed unanimously that UTU members’ interests have been vigorously defended, and it is now time to move forward — discussing with the SMWIA the rights and traditions of both organizations, and to collaborate constructively in finding the most efficient and equitable means of resolving any further outstanding differences, including pending litigation.
I know that I speak for Joe Nigro, as well, when I say that the leadership of both the UTU and the SMWIA has, as our highest priority, the delivery to our members of the wages, benefits and working conditions they expect and deserve. We also share a commitment to our loyal employees, who serve our members on a daily basis.
In the meantime, I assure you that our United Transportation Union and our United Transportation Union Insurance Association are each financially strong and are continuing to grow stronger notwithstanding this deep and lengthy recession.
As we put substantial merger-related litigation expenses behind us, and continue managing our other costs wisely, the UTU’s monthly surplus will continue to grow and allow for improved member representation.
The UTU and its predecessor unions have persevered and prospered for nearly a century and a half by being resolute in representing our members and flexible in the face of changing demands and events. It is a formula that has served our members well and will continue to serve us well.
The head-cold and flu season is upon us, making it time to lower your risk of disease and illness by receiving a flu shot and pneumonia vaccine – and if you or your spouse is covered by Medicare, you won’t bear the cost and do not require a doctor’s referral.
The flu shot is an annual event, as the flu vaccine is formulated each flu season for the most probable flu virus.
You may only reqire one pneumonia shot in your lifetime, and if you are at least 65, have a chronic illness such as diabetes, or have a heart or lung disease, your risk of contracting pneumonia is higher.
Health care providers suggest you consult your physician about health risks and your need for these shots.
If you are a railroader and covered by Medicare, it is important that billing go to Railroad Medicare and that your Railroad Medicare card is on file.
Providers new to Railroad Medicare and those who have supplied services to Railroad Medicare patients for years may have new staff that might file your claims to the wrong Medicare contractor in error. This can happen when they don’t notice that your Health Insurance Claim Number (HICN) is different from Social Security Administration (SSA) Medicare patients.
Because Railroad Medicare HICNs vary from the SSA Medicare format, it’s important that your provider’s staff review your card to verify the number prior to billing Railroad Medicare.
Railroad Medicare beneficiaries have the same benefits as Social Security beneficiaries, but only one national carrier — Palmetto GBA Railroad Medicare, which processes all Railroad Medicare Part B claims.
If you are concerned that your provider is having problems submitting your claim correctly, call the Palmetto GBA Beneficiary Contact Center at (800) 833-4455, or (877) 566-3572 for those with hearing impairments.
If you have non-claim specific questions about your coverage with Railroad Medicare, you may visit the “My RR Medicare” page on Facebook at www.facebook.com/myrrmedicare.
WASHINGTON – It’s now official. Conductor certification, mandated by the Rail Safety Improvement Act of 2008, became effective Jan. 1.
In a final rule, published by the Federal Railroad Administration Nov. 9, railroads were ordered to implement, by Jan. 1, a formal training program for certifying conductors and a formal process for training prospective conductors, thus ensuring job competency.
The FRA’s final rule on conductor certification follows many of the provisions of locomotive engineer certification, with a number of improvements the UTU, joined by the BLET, was able to obtain.
Following are highlights of the final rule, which ran almost 300 pages in the Nov. 9 Federal Register.
* While the railroad and its employees must comply with the final rule, there is no limitation on any rights the employee may have under a collective bargaining agreement
* Conductors currently employed will be grandfathered for from one to three years, with one-third of those conductors required to be tested for certification in 2012, 2013 and 2014. Beginning in 2015, one-third of the total conductor workforce will be recertified each year.
* Each railroad, in submitting its proposed certification program to the FRA for approval, must simultaneously submit it to the presidents of the UTU and BLET, which will have 45 days to comment. The intent is to encourage coordination by carriers with local union officers in formulating the certification program, and to gain a supporting statement from the general committee of jurisdiction.
* A conductor losing certification may work as an assistant conductor, brakeman, yard helper, switchman or utility employee, but cannot work as a locomotive engineer. If that individual holds both conductor and engineer certification, and the engineer certification is revoked, they may not work as a conductor.
* If the conductor certificate is revoked because of failing to control a train, violation of train speed, violation of brake test requirement, occupying main track without proper authority, tampering with safety devices, or an alcohol or drug violation, the decertified conductor may not work as a locomotive engineer. However, if the decertification is for violation of a rule covering shoving or pushing movements, or equipment left out to foul track, switches and derails, the decertified conductor may work as a locomotive engineer.
* The conductor must be trained by a qualified person on the territory over which that conductor will operate. If the certified conductor lacks territorial qualification, and has never been qualified on main track physical characteristics, that conductor shall be assisted by a person who is a certified conductor qualified on the territory, and NOT a member of the crew.
* If the conductor has been previously qualified over the main track territory, and the time limits have expired on their qualification, the conductor may be assisted by any knowledgeable person, including a member of the crew, other than the locomotive engineer on the crew, so as not to conflict with other safety sensitive duties.
* If the conductor lacks territorial qualification on other than main track, the conductor, where practical, shall be assisted by a certified conductor meeting the territorial qualifications. Where this is not practical, the conductor shall be provided an appropriate job aid, which includes maps, charts or other visual aids of the territory. This applies to all tracks on each territory.
* Territorial qualification is not required for short movements of one mile or less where track speed is 20-mph or less and movement is required to be at restricted speed, and the track grade is less than 1 percent.
Prior to revoking conductor certification, a railroad must:
* Provide notice of the reason for suspension, and an opportunity for a hearing before a person other than the investigating officer. Written confirmation of the notification shall be in accordance with the collective bargaining agreement. Additionally, the hearing shall be in accordance with the collective bargaining agreement, but shall be convened within 10 days after the certificate is suspended, unless the conductor asks for a delay.
* Provide, no later than convening the hearing and notwithstanding any collective bargaining agreement, a copy of the written information and a list of the witnesses the railroad intends to present at the hearing. The railroad shall grant a recess if the information is provided just before the hearing. If the information is provided through written statements of an employee, the railroad shall make that employee available for examination during the hearing.
* Not revoke certification or recertification if there is sufficient evidence that an intervening cause prevented or materially impaired the conductor’s ability to comply with requirements.
Additionally, with regard to conductor certification:
* The appeal procedures largely mirror engineer certification regulations.
* The training requirements for new conductors are significantly improved from current requirements. In addition to improved initial training, this rule requires recurrent training for all conductors every three years during the recertification process. The recurrent training must be identified in the certification plan filed with FRA, including changes in operating rules, operating practices, new federal regulations and new equipment in service.
“The implementation of conductor certification enhances the skills and safety performance of freight and passenger conductors, provides a federal license ensuring proper training of conductors, and establishes a new basis for resisting management pressure to violate operating rules and federal regulations,” said UTU International President Mike Futhey.
The final rule is a result of input from all affected parties, including labor, through the FRA’s Rail Safety Advisory Committee (RSAC).
The UTU was represented on this RSAC Conductor Certification Working Group by Local 645 Chairperson Vinnie Tessitore, Local 1470 Chairperson David Brooks, General Chairperson (GO 049) John Lesniewski, Local 528 Legislative Representative Ron Parsons, Alternate National Legislative Director John Risch, National Legislative Director James Stem, and UTU Rail Safety Coordinator for Designated Legal Counsel Larry Mann.
Click here to read the 278-page final rule on conductor certification.
Click here for more information on conductor certification.
Voters in Ohio overwhelmingly restored to public employees Nov. 8 their collective bargaining rights that a conservative majority in the state legislature – with support from Gov. John Kasich — chose to revoke earlier this year.
The mean-spirited legislative attack on collective bargaining rights was so repugnant to Ohio citizens that 1.3 million affixed their signature on petitions to place the law on the November general election ballot – a rare and not lightly taken action of direct democracy.
By nearly a two-to-one margin, Ohio voters overturned the law, sending it to the dust bin of political history, along with a strong message to conservative lawmakers that they best not again seek to trash workers’ rights to collectively bargain for wages, benefits and working conditions.
The New York Times called the landslide vote “a slap to Ohio’s governor, John Kasich, a prominent Republican who had championed the law.” Vice President Joe Biden said, “Fundamental fairness has prevailed.”
The UTU Collective Bargaining Defense Fund played a meaningful role in overturning the law, with active and retired UTU members in Ohio helping to organize public demonstrations, circulating petitions to place the law on the November ballot, and assisting in voter registration and get-out-the-vote drives that involved knocking on doors and providing rides to the polls.
The phrase repeated to Ohio voters a million times over by UTU volunteers was, “Don’t let others decide your future.”
UTU Ohio State Legislative Director Glenn Newsom spent months visiting locals and directing mail and phone messages to active and retired UTU members about the importance of voting and encouraging others to vote for repeal of the law.
This was the second victory for the UTU Collective Bargaining Defense Fund. In July, two anti-labor senators, who had voted in favor of a law similar to the one in Ohio, were removed from office in Wisconsin following a recall effort with strong UTU participation. Democrats and union leaders there now hope to channel momentum from the Ohio victory into an effort to recall Wisconsin Gov. Scott Walker.
The UTU, as a subcontractor to Amtrak, is in the final stages of developing a training manual – “Emerging Incidents Procedures” – for some 8,000 front-line Amtrak employees.
“The manual will be used as part of Amtrak’s 2012 Block Training cycle to assist frontline employees aboard trains, in stations and on platforms in developing skills related to situational awareness, observation, communication and response,” said UTU Training and Education Coordinator Bruce D. Feltmeyer
These Amtrak employees include conductors, assistant conductors, engineers, lead service attendants and on-board service employees.
“In preparation for developing the training manual, we performed an assessment of the Amtrak workplace culture by working with Amtrak police and utilizing electronic surveys and feedback from UTU regional meeting workshops,” Feltmeyer said.
“The assessment revealed the most prevalent problem was employees dealing with unruly passengers, which occurs not only at Amtrak, but at all ground service public transportation facilities in the United States,” Feltmeyer said.
“The training course will introduce scenario exercises and an array of techniques in understanding and dealing with them,” Feltmeyer said.
In November, the course materials will be delivered to Amtrak during UTU-team administered “Train-the-Trainer” session for 38 Amtrak facilitators.
Heroism has no timetable, no expectation, no formula. It is displayed instantaneously and accompanied only by rare courage. Enter, center stage, two UTU heroes – Amtrak conductors Richard d’Alessandro and Loxie Sanders – a couple of regular rails, represented by the UTU and seemingly little different than neighbors down the street. Richard d’Alessandro with Federal Railroad Administrator Joe Szabo Their time of extreme selfless bravery came the night of June 24, when a tractor-trailer, traveling at high-speed, plowed directly into Amtrak’s westbound California Zephyr near Lovelock, Nev. The crunch of steel meeting steel at a highway-rail grade crossing is gut wrenching; the derailing of rail passenger cars, unnerving; the sudden and rapid spread of all-consuming fire, deadly; and the presence of thick smoke, terrifying. It was at that moment that d’Alessandro and Sanders became heroes. Nobody nominated them. Nobody asked them. Nobody expected it of them. Such is heroism. With passengers disoriented, injured and frightened — many seemingly hopelessly trapped in two burning passenger cars – d’Alessandro and Sanders demonstrated why highly trained passenger-train conductors are essential for passenger and train safety. d’Alessandro, initially knocked unconscious by the horrendous collision, awoke to find he was lying outside his passenger car on the ground, an arm broken and finger missing. In complete disregard for his own life, and ignoring his painful injuries, d’Alessandro climbed back into the flaming cars in search of disoriented and injured passengers. First one, then another, and still another, he led and assisted them to safety through emergency exit windows and into waiting arms on the ground. Only when the two no longer could hear voices or find additional passengers did they take leave of the burning passenger cars. Transportation Secretary Ray LaHood with Loxie Sanders Then Sanders, suffering smoke inhalation and a severely burned hand, remembered conductor Laurette Lee. Where was she? Once again, he climbed back into the mouth of burning and smoke-filled hell. Finding her dead beneath a metal door, Sanders lifted her body and carried it outside and away from the inferno. Among the first to visit d’Alessandro and Sanders in the hospital following the accident was Amtrak President Joseph Boardman, who had taken the first available flight from Washington, D.C., to be at the scene of this horrific accident that claimed six lives and would have claimed many more had it not been for the selfless actions of d’Alessandro and Sanders. On Nov. 3, d’Alessandro (UTU Local 166, Salt Lake City) and Sanders (UTU Local 1525, Carbondale, Ill.) were formally recognized in Washington, D.C., by the U.S. Department of Transportation for heroism. In presenting the awards, Transportation Secretary Ray LaHood cited both for saving lives “that went above and beyond the call of duty.” And what did these two still humble heroes have to say after receiving the awards? They credited their classroom training, exercises and structured debriefings required under 49 CFR Part 238 as giving them the knowledge and tools. Heroism, of course, can’t be legislated or regulated. Heroism comes from the heart and soul, and will long be remembered by dozens alive today only because when tragedy struck, well-trained and dedicated Amtrak conductors d’Alessandro and Sanders were present.
Norfolk Southern said Nov. 3 it intends to hire 500 employees by year end, and add another 2,600 employees in 2012 to meet growing demand for service and to replace those retiring.
Hiring will be for conductors, as well as other crafts, including freight car repairers, machinists, signal maintainers, and track maintenance workers.
For more information, click on the following link:
WASHINGTON – The U.S. Surface Transportation Board has determined that only one major railroad – Union Pacific – was “revenue adequate” in calendar year 2010.
A railroad is considered “revenue adequate” if it achieves a rate of return on net investment equal to at least the current cost of capital for the railroad industry.
Revenue adequacy determines long-term financial sustainability – the ability to pay investors competitive returns as well as covering the cost of efficient operation, which includes obtaining capital for new equipment; to maintain existing track, bridges, signal systems and other capital assets; and to fund capacity expansion.
For 2010, the STB concluded that the current cost of capital for the railroad industry was 11.03 percent, and only Union Pacific achieved a rate of return equal to or exceeding that percentage. No railroad was found to be “revenue adequate” for calendar year 2009.
For 2010, the STB determined that Union Pacific achieved a rate of return on net investment of 11.54 percent; Norfolk Southern, 10.96 percent; CSX, 10.85 percent; Kansas City Southern, 9.77 percent; BNSF, 9.22 percent; Canadian National U.S. affiliates, 9.21 percent; and Canadian Pacific U.S. affiliates, 8.01 percent.
The Medicare Part B premium will rise by $3.50 monthly to $99.90 monthly beginning Jan. 1, according to the Centers for Medicare & Medicaid Services. This is the first increase in the Part B premium in two years.
For Medicare participants who first enrolled in 2010 and 2011, and have been paying as much as $115.40 monthly, the monthly premium will drop to to $99.90.
Because Medicare premiums are adjusted for higher-income retirees, some beneficiaries (fewer than 5 percent of all beneficiaries) will pay higher premiums in 2012, reaching as high as $319.70 monthly for individuals whose adjusted gross income exceeds $428,000 (married couple).
Only higher-income beneficiaries will pay an increased amount for Medicare Part D prescription drug coverage in 2012.
Additional information on Medicare coverage, including specific benefits and deductibles, can be found at http://www.medicare.gov/
WASHINGTON – While organized labor has more friends in the Democratic Party, and carriers have more friends in the Republican Party, there are many Republicans who are friends of organized labor – and the UTU’s bi-partisan approach to politics recognizes this.
One special Republican friend of the UTU is Rep. Steve LaTourette of Ohio, who serves on the House Transportation Appropriations Subcommittee, where Amtrak and transit funding is determined. Roll Call newspaper, which reports on all things Congress, recently called LaTourette, “The top GOP ally of organized labor in the House.”
Said Rep. Dennis Kucinich (D-Ohio) of LaTourette: “People from both sides of the aisle often line up to talk to him because they value his insight.”
Recently, LaTourette teamed with Rep. Rus Carnahan (D-Mo.) to introduce legislation allowing transit agencies to use some of their federal funding earmarked for new equipment, for operations instead, which would allow cash-strapped transit agencies to maintain service and keep drivers, who otherwise faced layoffs, on the job.
LaTourette also has been an advocate for consistent and reliable Amtrak funding; and earlier this year, he led 15 other Republicans to stand in opposition to an attack by the Republican leadership against the National Mediation Board’s changed rule making union representation votes more democratic.
As we approach the 2012 election year, the UTU PAC will stand by all our friends seeking reelection or election to Congress and state office, regardless of political party affiliation.
The UTU PAC works for and helps candidates we feel are capable and knowledgeable, and who recognize the problems that affect airline, bus, rail and transit workers.
For more information on the UTU PAC, and how UTU-member participation in the UTU PAC helps to protect your economic security and safe working conditions, click on the following link:
By UTU International President Mike Futhey
The head-cold and flu season is upon us, making it time to lower your risk of disease and illness by receiving a flu shot and pneumonia vaccine – and if you or your spouse is covered by Medicare, you won’t bear the cost and do not require a doctor’s referral.
Voters in Ohio overwhelmingly restored to public employees Nov. 8 their collective bargaining rights that a conservative majority in the state legislature – with support from Gov. John Kasich — chose to revoke earlier this year.
