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NMB logo; National Mediation BoardWASHINGTON – Most Railway Labor Act Section 3 arbitration cases will grind to a halt Sept. 30 if Congress does not pass a new appropriation for the National Mediation Board.

The federal government’s fiscal year ends Sept. 30 and Congress has not passed an appropriation to fund NMB-financed arbitrations for the 2012 fiscal year beginning Oct. 1.

The NMB  has thus advised arbitrators that they “cannot engage in any Section 3 work for fiscal year 2012 [beginning Oct. 1] until you have received a work order for fiscal year 2012, and that order has been signed and returned to the NMB.

“As a result, arbitrators do not have the authority to schedule any hearings for fiscal Year 2012. All arbitrators and parties are notified that no funds will be authorized for travel for the month of October,” said the NMB.

In the absence of a fiscal year 2012 appropriation, Congress could still pass – prior to Sept. 30 — what is known as a “continuing resolution,” which would extend fiscal year 2011 funding into fiscal year 2012. If that occurs, the NMB said it “will immediately issue work orders to arbitrators.”

The NMB said it “will make every effort to authorize some days that may be utilized for decisions in accordance with the NMB’s policy for the past five fiscal years. However, these authorizations will be made with minimal advance notice. These days may be used for hearing cases if no travel is involved (either because the parties travel to the neutral, or because the case is heard using the NMB’s online technology). The Anti-Deficiency Act precludes arbitrators from hearing cases for free,” said the NMB.

Questions should be directed to Darrell Dancer at the NMB at (202) 692-5055.

MARRERO, La. – CSX conductor Jonathan Batieste, 29, with a wife and four young daughters between the ages of three and 12, died unexpectedly Aug. 22 following a motorcycle accident.
Batieste, a member of UTU Local 1066 in New Orleans, signed on with CSX just 13 months ago. He was recovering from his injuries and was undergoing physical therapy when he developed a blood clot that claimed his life.
“This young family is in need of help,” said Louisiana State Legislative Director Gary Devall.
Donations may be sent to the “Jonathan Batieste Donation Account” at Capital One Bank, 3800 General de Gaulle Drive, New Orleans, LA 70114.

If you retired from railroad service on or after April 1, 1967, you may be eligible for a $2,000 retiree life insurance benefit.
Benefits are administered by MetLife for all retirees from railroads participating in the National Railway Carriers’ / UTU Health & Welfare Plan and the Railroad Employees’ National Health and Welfare Plan (formerly GA-23000).
To file a claim, or to obtain a change-of-beneficiary card, call the following toll-free number:

MetLife 1 (800) 310-7770.

Those who retire on disability are urged to contact MetLife soon after their retirement to ensure their eligibility for this benefit.
Retirees are urged to keep this notice with their other important documents and to keep the designated beneficiary up to date.
When filing a claim, it will be very helpful to know the date the employee last worked, the name of the employing railroad, and the employee’s Social Security number. These items will assist in the prompt processing of claims.

WASHINGTON – Federal Transit Administration bus-project and other transit funding – in danger owing to political squabbling — will remain in place at least through March 31, 2012, following House and Senate action to extend temporarily, for the eighth time since 2009, highway taxes that fund transit programs.

The House and Senate also agreed Sept. 15 to a new four-month extension of Federal Aviation Administration taxes that fund the Essential Air Services program vital to regional airlines that employ UTU-represented pilots and flight attendants. It was the 22nd temporary extension for this program since 2007.

The president said he will sign the temporary extensions into law, allowing more time for the House and Senate to continue attempts at reaching compromise on a permanent extension of transit and EAS programs that have been stalled for years.

The highway bill extension ensures that more than $4 billion from the Highway Trust Fund for Federal Transit Administration formula and bus programs will remain available for spending through March 31. Disagreement between the House and Senate on the number of years to authorize a new highway/transit spending bill is the reason for that stall.

A permanent FAA reauthorization, which includes the EAS program, is stalled over an inability to agree on future EAS subsidies, and an attempt by House Republicans to include in the bill a provision overturning a 2010 National Mediation Board rulemaking. That rulemaking changed the rules for representation elections from counting those not voting as “no” votes, to determining outcomes based only on those voting.

The sister of UTU General Chairperson Anthony Simon (Long Island Rail Road, GO 505) died Sept. 15 following a long-struggle with cancer.
Cards of condolence may be sent to Simon at his general committee office at Suite 3, 200-B West Main St., Babylon, N.Y. 11702.

By General Secretary & Treasurer Kim Thompson

As a young railroad employee, I wondered why we had the wages and benefits that we had, why we had rules for assignments and for the work we performed. I wondered what could be done to make things right when things didn’t seem right. Only then did I attend my first local meeting.

I discovered local officers conduct the meeting in an orderly fashion and officers give reports related to their positions. I discovered that due to our collectively bargained agreement, a grievance process exists through which we can submit claims for violation of our rights. But what are those rights? What is the contract?

Further interest revealed that our “contract” is actually a compendium of many agreements made over a period of time. The Railway Labor Act provides that all agreements remain in effect until changed. They do not expire. This means that interpretation is required as to what earlier agreements have been changed by later agreements, and interpretation can be made only by the parties to agreement — the UTU and the carriers.

Had my local not held regular meetings, I would not have had an opportunity to learn the basics of how my union works. Had my local officers not conducted meetings in an orderly and professional manner, I would not have learned about my contract and how it is applied.

I don’t recall ever being invited to attend my first local meeting. Maybe I was invited, but too self-centered or all-knowing to care. Maybe I was too busy to take the time.

I have learned much about this industry in the years since my early local meetings, but the foundation for my understanding began there. I am eternally grateful for that opportunity, and for the desire to learn from a reliable source.

My message to you is to attend your local meetings.

Be active and take part in discussions. Ask questions of your local officers.  If so moved, run for local office. The more you become involved, the more of an asset you are to your union. 

Most importantly, ask a member to attend your local meeting, especially the young members. We can all make a difference.

The new national rail contract and its increased rates of pay become effective Sept. 16.

Sept. 16 is also the trigger date from which the carriers are pledged to make retroactive wage payments within 60 days.

Health care changes will be implemented after Jan. 1.

New rate tables can be found on www.utu.org by selecting “Documents” in the blue-line menu bar near the top of the homepage, then selecting “Rates of Pay.”

In Florida last week, the people prevailed as a federal district court ruled Florida voters have every right to restrict the state legislature’s ability to redraw the election map willy-nilly to favor incumbent members of Congress and the state legislature.

UTU Florida State Legislative Director Andres Trujillo and his state legislative board were in the thick of the battle, fighting for “fair election districts” that ensure voters decide their politicians rather than politicians deciding their voters.

Two incumbent Florida politicians unsuccessfully argued before the federal court that the U.S. Constitution gives state legislatures “complete discretion” in drawing the boundaries of election districts. The federal court ruled otherwise, saying Florida voters can bind their own state legislature through amendments to the state constitution, as they did at the ballot box in 2010.

Redrawing election districts to accommodate changes in population occurs in every state every 10 years following completion of the U.S. Census.

Frequently, the majority party in the legislature attempts to establish a political advantage for their party by manipulating the geographic boundaries of congressional and state legislature voting districts. The term is known as “gerrymandering” after 19th century Massachusetts Gov. Elbridge Gerry, who led an effort that so contorted congressional election districts in that state that one was said to resemble the shape of a salamander.

Gerrymandering “encourages the politics of division and extremism, and allows for the underrepresentation of Florida citizens’ interests, in legal, civil, legislative and government matters,” Trujillo said. The NAACP and American Civil Liberties Union agree, saying the state constitutional amendment to end gerrymandering in Florida strengthens protections for minorities.

Trujillo, with assistance from his state legislative board, arranged for the ballot initiative’s spokespersons to appear before public forums and newspaper editorial boards, solicited contributions to help fund state-wide advertising explaining the ballot initiative to voters, and helped organize petition drives to place the initiative before voters last year. On Election Day, the UTU Florida State Legislative Board helped to get out the vote. 

The federal court upheld the successful ballot-box initiative, meaning the Florida legislature is now prohibited from drawing voting-district lines to favor or disfavor any incumbent or political party. The legislature must, instead, use existing political and geographical boundaries such as city or county limits, and geographical features like canals, bays and oceans. The federal court said voters approved a valid regulation of the legislative process.

Trujillo noted that the ballot initiative began in response to 430 separate elections for the legislature where only three incumbents were defeated. This was seen as evidence of the effect of past Florida gerrymandering to protect reelection of incumbents.                                                          

BOTKINS, Ohio – CSX conductor Dennis A. Hemme, 59, became the ninth UTU member to die in an on-the-job accident in 2011 when he reportedly was crushed to death here Sept. 8 during a mainline shove of a stalled train. Botkins is some 110 miles north of Cincinnati.
Hemme, with some six years of service, was a member of UTU Local 14 (Cincinnati) and is survived by his wife and three children.
Visitation will be Thursday, Sept. 15, 2 p.m. to 8 p.m., at Staley-Crowe Funeral Home, 7140 Plainfield Rd., Deer Park, Ohio 45236. Funeral Mass will be Friday morning, Sept. 16, at 10 a.m. at St. Michaels, 11144 Spinner Ave., Sharonville, Ohio 45241.
Just since July 25, six UTU members have been killed in on-the-job accidents.
For more information on UTU members killed on-the-job in 2011, click on the following link:
https://www.smart-union.org/td/memorials-to-utu-members-killed-on-the-job-in-2011/

Amtrak LogoWASHINGTON – House Republicans are supporting a budget plan that Amtrak says will eliminate all state-supported Amtrak service nationwide beginning Oct. 1 — the start of a new federal fiscal year.

Fifteen states currently provide Amtrak with subsidies in exchange for Amtrak operating additional intercity trains in their states that transport nine million passengers annually.

The Sept. 8 budget proposal would prohibit federal funds from being used for those state-supported trains.

While the Amtrak budget cuts – proposed by the House Transportation Appropriations Subcommittee — could likely pass the entire Republican-controlled Appropriations Committee and Republican-controlled House of Representatives, the provisions could face strong opposition in the Senate. Still, given the budget-cutting pressure in Congress, nothing is easily predicted.

The proposed budget cuts fly in the fact of a provision of the Passenger Rail Investment and Improvement Act of 2008 that encouraged Amtrak to leverage federal subsidies of 80 percent with state contributions of 20 percent to develop new intercity passenger routes and improve existing ones.

The Transportation Appropriations Subcommittee’s budget proposal would also:

* Restrict the use of federal funds for any overtime costs in excess of $35,000 for any individual employee.

* Require Amtrak to achieve savings through operating efficiencies, including modifications to food and beverage service, first-class service and long-distance routes.

“The House Republican plan is shortsighted and is the wrong policy for America,” said Amtrak President Joseph Boardman. “It will result in the loss of jobs and reverses significant progress made to use passenger rail to reduce U.S. dependence on foreign oil.”

Following are the 15 states — and the Amtrak trains — targeted:

* California: (Capitol Corridor, San Jose-Oakland/San Francisco-Sacramento/Auburn); Pacific Surfliner (San Luis Obispo-Los Angeles-San Diego); San Joaquin (Bakersfield-Oakland-Sacramento).

* Illinois and Wisconsin: (Hiawatha, Chicago-Milwaukee). Illinois: Lincoln (Chicago-St. Louis); Illini & Saluki (Chicago-Carbondale); Zephyr & Carl Sanburg (Chicago-Quincy).

* Maine: (Downeaster, Portland-Boston).

* Michigan: (Blue Water, Port Hurton-East Lansing-Chicago); Pere Marquette (Grand Rapids-Chicago).

* Missouri: Missouri River Runner (Kansas City-St. Louis).

* New York: Adirondack (New York City-Montreal).

* North Carolina: Carolinian (Charlotte-New York City); Piedmont (Charlotte-Raleigh).

* Oklahoma and Texas: Heartland Flyer (Oklahoma City-Ft. Worth).

* Oregon and Washington: Cascades (Eugene-Portland-Seattle-Vancouver).

* Pennsylvania: Keystone Corridor (Harrisburg-Philadelphia-New York City).

* Vermont: Ethan Allen (Rutland-New York City); Vermonter (St. Albans-Washington, D.C.).

* Virginia: (Extended Northeast Regional (Washington, D.C.-Richmond; Washington, D.C.-Lynchburg).