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LOS ANGELES — For 15 years, Thomas L. Mitchell worked a Ponzi scheme targeting and draining the retirement funds of retired LACMTA bus workers, many of whom were UTU members.

The con artist will now spend his next nine years in federal prison – having pleaded guilty to mail fraud, according to The Los Angeles Times. And while Mitchell has been ordered to return to his victims millions of dollars in ill-gotten gains, it is likely the scores of retirees, whose comfortable retirement was ruined by the cheat, will never recover their money.

Federal prosecutors said Mitchell promised high investment returns in exchange for access to the victims’ retirement funds. Only a small fraction of the money was placed in legitimate investments, with most of the funds financing a lavish lifestyle for Mitchell, according to prosecutors

The federal judge who imposed the nine-year prison sentence described Mitchell’s scheme as a “remarkable level of deception” driven entirely by “greed.” A federal prosecutor said Mitchell “was able to lead a luxurious lifestyle by stealing the life savings of hard-working men and women who only sought a dignified retirement. For his criminal conduct, Mitchell richly deserves his nearly decade-long prison sentence.”

As UTU General Secretary & Treasurer Kim Thompson pointed out in a leadership column in 2010, while “the vast majority of investment advisers, investment firms and financial planners are trustworthy professionals, an encounter with only one dishonest individual could devastate your retirement.”

Thompson recommended retirees heed 10 steps suggested by best-selling author Charles Murray, a resident scholar with the American Enterprise Institute:

1) Every deal is a potential scam: Recognize that fraud is an act of deceit by one party intended to induce another to part with something of value.

2) Map out your goals before shopping or investing: There’s a difference between “buying” and “being sold.”

3) Avoid mixing business with pleasure: According to the National Institute of Justice, the attempt to defraud is more successful if a person knows or knows of the offender.

4) Don’t get greedy: Remain calm and dispassionate.

5) Be suspicious of “inside information,” “hot tips” and “one-time offers”: Why you instead of Tom-Dick-and-Harry?

6) Educate yourself: Beware of getting all your information from the seller.

7) Double check all facts: A cheat doesn’t want himself or his deal scrutinized.

8) Don’t wilt when the heat is turned up: It takes a secure person to say “no” to pressure and manipulation.

9) A promise is only as good as the person behind it.

10) Scams copy the same methods used in legitimate business dealings: Spotting the difference can be difficult. Five tell-tale signs:

* Something is promised that borders between reasonable and too good to be true.

* Victims typically know or know of the swindler.

* A sense of urgency exists.

* A cheat doesn’t want himself or the deal scrutinized;

* High-pressure sales tactics are used.

Says GS&T Thompson: “There are many investment instruments including your own UTUIA annuities that are available in which to place retirement funds that can provide the necessary security and still provide a cash stream in retirement years.

“In speaking with a financial adviser, find out what their experience has been. Check their credentials and demand other client references. And never write a check directly to an individual. Your payment should be to the investment firm or to the investment fund itself. A request for direct payment to an individual is a big red flag!

“Remember, your retirement funds represent a lifetime of savings, and there is no ‘do-over,’” Thompson warned.

For too many years, many railroads have tied managerial bonuses to low reportable injury rates among employees, creating a culture of fear through harassment and intimidation – a culture that discourages the reporting by workers of on-duty injuries and allows railroads to claim an industry safety award accompanied by glowing press releases as to its low employee-injury rate.

After collecting file drawers full of verified complaints from members of carrier harassment and intimidation following an on-duty injury, the UTU’s National Legislative Office was successful in shepherding through Congress the Federal Rail Safety Act of 2007.

It purpose is to protect rail workers from retaliation and threats of retaliation when they report injuries, report that a carrier violated safety laws or regulations, or if the employee refuses to work under certain unsafe conditions or refuses to authorize the use of any safety related equipment.

An employer also is prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.

Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.

What was missing was tough enforcement of the law – but no more.

For the seventh time in recent months, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has taken strong action against a railroad for violating the law – and fully protecting the whistle-blowing employees who suffered harassment and intimidation by the offending carrier.

In the latest OSHA action, Union Pacific was ordered in August to pay more than $600,000 in back wages, punitive damages, compensatory damages and legal fees to three employees for improper termination and suspension – all in retaliation for reporting workplace injuries, said OSHA.

Said OSHA: “Union Pacific Railroad has created a climate of fear instead of a climate of safety. The company must take immediate steps to change this unacceptable pattern of retaliation.”

One UP conductor working out of Kansas City, Mo., was terminated after making repeated complaints to the railroad’s hotline about fall and trip hazards, missing roadway signs, other safety issues and reporting that a supervisor had violated safety procedures during a field test, said OSHA. The conductor was also cited for having a tattoo the railroad deemed as creating a hostile work environment – a tattoo OSHA said commemorated his prior military service.

A second conductor, working out of Kansas City, was suspended without pay after making several complains about “rough spots on the track,” said OSHA.

And a UP engineer, working out of Tucson, Ariz., was improperly terminated after reporting a workplace injury, said OSHA in imposing the awards and fines.

Separately in August, OSHA ordered BNSF to pay a conductor $300,000 to cover back wages, attorney’s fees and damages for improperly suspending her after she reported an injury. According to OSHA, the conductor twisted a knee in a BNSF yard in Seattle.

Although BNSF officials followed her to the emergency room, according to OSHA, the railroad later accused her of failing to report the injury in a timely manner and suspended her for 30 days without pay. BNSF also assessed her points, alleging she needed additional knowledge, training or behavior focus, said OSHA, which called that action “disciplining an employee who reports a work-related personal injury.”

In other recent OSHA actions:

* Norfolk Southern was ordered to pay a former employee more than $122,000 in compensatory and punitive damages, plus attorney fees, for improper termination after the employee reported an on-duty injury. OSHA also issued a startling statement validating what many UTU members have long suspected – that Norfolk Southern’s culture of employee harassment and intimidation permitted the railroad to “maintain the appearance of an exemplary safety record and continue its 22-consecutive-year record as recipient of the E.H.Harriman Gold Medal Rail Safety Award.”

According to OSHA, the injury occurred in a NS yard in Jamestown, N.C., while the worker was removing spikes. Fearing loss of employment, the worker did not report the injury until a re-injury occurred. The employee was subsequently terminated.

* Metro North Commuter Railroad was ordered to promote a worker and pay him more than $130,000 in compensatory and punitive damages, plus legal fees, for improperly discriminating against him by classifying the injury as not work-related and denying him a promotion.

* A Wisconsin Central conductor was awarded more than $125,000 in compensatory and punitive damages, plus legal fees, following unlawful harassment and intimidation as the result of reporting an injury.

* Union Pacific was ordered to rehire a machinist it had fired following the reporting of a work-related injury.

* BNSF was ordered to rehire a conductor after being found guilty of improper retaliation after the conductor filed an injury report.

In all cases, OSHA ordered the railroads to provide training on whistle-blower rights to its managers, supervisors and employees, and to notify employees of their rights to be able to file complains without fear of retaliation under the Federal Rail Safety Act.

A rail employee may file a whistle-blower complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.

A listing of UTU designated legal counsel is available at http://www.utu.org/, or may be obtained from local or general committee officers or state legislative directors.

To view a more detailed OSHA fact sheet, click on the following link:

http://www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf

KANSAS CITY, Kan. — A BNSF Railway yard worker, Thomas F. Bleyenberg, a member of UTU Local 5, Kansas City, Mo., was killed Mon., Aug. 15, when he became trapped between two rail cars at the carrier’s Argentine Yard here.
Bleyenberg was working a two-person remote control assignment with a third student-operator, according to reports.
Bleyenberg, 52, of Independence, Mo., was pronounced dead at the scene, according to the Associated Press. He had been a UTU member since 1994.
Bleyenberg is the seventh UTU member killed in an on-duty accident in 2011, the fourth in a yard accident, and the fourth in fewer than 30 days.
The National Transportation Safety Board, assisted by the UTU Transportation Safety Team, is investigating.
Local 5 officers are organizing a “Christmas in October” on Oct. 8 to help Brother Bleyenberg’s family, to give a little TLC to their house and property, Missouri State Legislative Director Ken Menges reports.
Local 5 Legislative Rep. Curt Jones says the Bleyenburg house needs a little painting and winterizing and this event will give a chance for all Tom’s friends and union brothers and sisters to do something that the family will remember for a lifetime.
If anyone would like to help or donate please contact Curt Jones at molocal_5@yahoo.com or State Legislative Director Ken Menges at moutu@embarqmail.com or call (573) 634-3303.
 

Former International President Tom DuBose
(1991-1995)

Having served as a member and as chairperson of UTU national negotiating committees, and as a UTU International officer for 28 years, I found that the failure to reach an agreement on the national level carries the risk of having third party recommendations placed in effect by Congress.

In my 36 years of service, those decisions by Congress never were in favor of the worker – even when Democrats controlled both the House and Senate.

In today’s increasingly conservative and anti-labor political climate, allowing a presidential emergency board and Congress to determine our contract terms would be the same as our adopting the Section 6 notices of the carriers.

No national agreement has ever been perfect. This agreement is extraordinary in terms of what other labor unions have been able to achieve. A failure to ratify this agreement could be devastating to our membership.

Assistant President Arty Martin

Without the negotiated $200 monthly cap on employee health care contributions, they could rise to $355 monthly by 2015 under the formula in the existing contract.

That cap alone is worth more than $5,000 over the life of this agreement. In fact, not a penny of the wage increases negotiated is to be offset through higher health care insurance contributions for 6½ years, which is 1½ years beyond the term of this agreement. For many members, there could be a reduction in out-of-pocket costs for doctor visits and prescription drugs.

In addition to the 17-percent wage increase, which is actually 18.24 percent when compounded, we have negotiated additional pay for every FRA-certified job, a faster process for new hires to reach full pay, cash payments to those still under the five-year service scale, no work rules concessions and a process for local negotiations on alternative compensation, compensation enhancement and electronic bidding and bumping.

General Chairperson (NS GO 680) Pate King

I’m still feeling the devastating effects of PEB 219 in 1991, which were imposed by a Congress where Sen. Ted Kennedy (D-Mass.) and Rep. John Dingell (D-Mich.), both longtime friends of labor, chaired the key Senate and House transportation committees.

I shudder to imagine what the current anti-labor chairman of the House  Transportation & Infrastructure Committee, John Mica (R-Fla.), might have in store for us if we vote down this agreement and turn our fates over to third parties.

This agreement deserves to be ratified on its merits. It is the very best agreement we could gain in this difficult economic and political environment.

International Vice President Delbert Strunk

This is the best deal out there by far: The wage increases, the cap on monthly employee health care contributions, significant savings that can be realized with decreases in generic drug co-pays and added coverage such as personalized medicine, improved entry rates for new hires, certification pay, and no work-rules concessions.

Additionally, general chairpersons have the opportunity to negotiate issues on the property relative to electronic bidding and bumping, as well as enhanced benefits. This is especially important for NS and CSX committees.

Every cent that could be gained at the negotiating table was squeezed from the carriers. No other organization has done better, period! This agreement should be ratified by our members.

International Vice President Robert Kerley

In a time of unprecedented global economic uncertainty, high unemployment rates and stagnating or retreating wages for most working Americans, this agreement provides for wage increases that far exceed anticipated increases in the Consumer Price Index, plus affordable and superior health care benefits that include the addition of state-of-the-art services and enhancements never before available to UTU members.

All this is without any work rule concessions that have historically accompanied such gains. I wholeheartedly endorse this proposal for ratification.

 General Chairperson (CSX GO 049) John Lesniewski

Lesniewski, John; John Lesniewski; G0-049; GO 49; General ChairmanIt would be irrational for our UTU membership to forsake a 17 percent general wage
increase (18.24 percent when compounded), certification pay and a condensed  new-hire service scale for the alternative of an imposed settlement decided by a third party. Historically, having a third party-imposed settlement has fared poorly for labor.

Entering these negotiations, I didn’t anticipate we could roll back our members’ health care contributions to $200 monthly and freeze them for 6½ years. The health care cost issue isn’t going away, and we met it head on, minimizing the impact on UTU members in a responsible way.

We cannot simply bury our heads in the sand and ignore the current state of the economy, escalating health care costs, the high unemployment rate, and recent wage and health care settlements made by other organizations that are well below what we have negotiated.

Alternate International Vice President Doyle Turner

Our members need to consider today’s double digit increases in health care costs.
The proposed UTU national rail contract maintains your health care insurance contribution at $200 while improving coverage.
 
The agreement also provides a 17-percent increase in wages (which is more than 10 percent in excess of projected inflation over the life of the agreement), plus service-scale enhancements, FRA certification pay, a special wage adjustment for yardmasters of 12.5 cents per hour, and a supplemental sickness benefit increased to $3,333 per month.

I fully support this proposed agreement and urge a “yes” vote.

 National Legislative Director James Stem

This is a very good agreement, regardless of economic conditions; but it is especially good given its increase over price inflation. No previous agreement provided wage increases so far above the Consumer Price Index without significant rules changes, as does this agreement.

Also to be considered is how the U.S. House of Representatives, controlled by political extremists, is attempting to reduce Railroad Retirement, Social Security and Medicare benefits, eliminate Amtrak and slash transit subsidies.

It would not be wise for us to ask Congress, already in gridlock over economic issues, to legislate an agreement based on recommendations of a presidential emergency board.

Workers are under sustained attack. This agreement provides significant financial improvement and economic stability for our families. Any other option would be a big gamble we cannot afford to take.

Long Island Rail Road car inspector Russell DeCeck, 48, a member of Local 722, Babylon, N.Y., was killed Sunday, Aug. 14, when he reportedly came in contact with the third rail while working at the carrier’s Babylon yard in West Islip, N.Y.
DeCeck, of Coram, N.Y., had 28 years of service. He joined the UTU in 1989.
“On behalf of our entire membership in the UTU family our thoughts and prayers are with Russell’s family and close friends,” LIRR General Chairperson Anthony Simon said. “We are all heartbroken over this tragic loss. This accident is a reminder of just how dangerous railroading can be, and shows the importance of continuing the fight in keeping our members safe.”
DeCeck is the sixth UTU member killed in an on-duty accident in 2011, and the third in a yard accident.

WASHINGTON – Passenger and commuter train conductors and engineers face new hours-of-service rules effective Oct. 15 under a final rule published Aug. 12 by the Federal Railroad Administration.

The new rules differ in certain areas from hours-of-service regulations imposed on freight railroad employees.

Among the differences is that passenger and commuter train hours-of-service regulations are more stringent for assignments between 8 p.m. and 4 a.m.; there is no cumulative-hours limit for passenger and commuter train crews; passenger and commuter train operators must submit certain employee work schedules for scientific study to determine schedule-specific risks of fatigue; and passenger and commuter carriers must take steps to mitigate fatigue among crews on-duty between 8 p.m. and 4 a.m.

The FRA said that based on its “understanding” of current fatigue science, and information received through the Railroad Safety Advisory Committee (RSAC), FRA determined that the requirements imposed on train employees by the Rail Safety Improvement Act of 2008 were not appropriate for passenger train employees.

The FRA said that while it “agrees that [a 10-hour call requirement] would provide predictability as to when an employee will be called to work, adopting a 10-hour call requirement is not possible at this time, as it was not a part of the proposed rule … The regulation requires labor involvement in the determination of fatigue mitigation tools to be applied, so there may be opportunities to voluntarily make use of this schedule practice.”

Following are key provisions, as outlined by the FRA, of the new hours-of-service rules scheduled to go into effect for conductors and engineers on passenger and commuter trains Oct. 15 (unless otherwise noted):

* Limitations on time-on-duty in a single tour: 12 consecutive hours of time on duty or 12 nonconsecutive hours on duty if broken by an interim release of at least four consecutive hours in a 24-hour period that begins at the beginning of the duty tour.

* Limitations on consecutive duty tours or total duty: If employee initiates an on-duty period each day for six consecutive calendar days include at least one “Type 2” assignment (between 8 p.m. and 4 a.m.), employee must have 24 consecutive hours off-duty at the employee’s home terminal.

Additionally, if an employee initiates an on-duty period on 13 or more calendar days in a period of 14 consecutive days, then the employee must have two consecutive calendar days without initiating an on-duty period at the employee’s home terminal. Employees may be permitted to perform service on an additional day to facilitate their return to their home terminal.

These limitations on consecutive duty tours or total duty do not take effect until April 15, 2012.

* Cumulative limits on time on-duty: None.

* Mandatory off-duty periods: Eight consecutive hours (10 consecutive hours if time on duty reaches 12 consecutive hours).

* Specific rules for nighttime operations: Schedules that include any time on duty between 8 p.m. and 4 a.m. must be analyzed using a validated biomathematical model of human performance and fatigue approved by FRA.

Additionally, schedules with excess risk of fatigue must be mitigated or supported by a determination that mitigation is not possible and the schedule is operationally necessary and approved by FRA.

The analysis must be completed and required submissions made by April 15, 2012.

* Specific rules for unscheduled assignments: The potential for fatigue presented by unscheduled work assignments must be mitigated as part of a railroad’s FRA-approved mitigation plan.

* Use of fatigue science: Passenger train employees’ work schedules are to be analyzed under an FRA-approved validated biomathematical fatigue model with the exception of certain schedules (completely within the hours of 4 a.m. and 8 p.m., or nested within other schedules that have been previously modeled and shown to present an acceptable level of risk for fatigue, and otherwise in compliance with the limitations in the regulation).

UTU National Legislative Director James Stem added his perspective, saying the final rules:

* Provide a permanent separation from freight hours of service regulations because of the predictable work schedules of our intercity passenger and commuter rail assignments. Now we have two systems of HOS coverage – freight and passenger

* Require at least two days of rest every 14 days for all assignments, with some flexibility allowed for assignments not working after midnight (i.e., 6-1, 12-2, 1-12-1, 14-2.)

* Require, for the first time, use of a scientific validated biomathematical fatigue model tool to analyze all assignments for risk of fatigue.

* Require consultation and agreement between the carrier and general chairman on adjusting identified assignments for fatigue mitigation.

* Continue to require eight hours off-duty between assignments for passenger operations because of the predictable work schedules.

* Create a tool box of acceptable fatigue mitigation strategies that the carrier and the general chairman may select. Also there is encouragement to adopt a napping strategy, even for assignments that are only off-duty at an interim release location for 90 minutes.

* Require improved facilities at interim release locations of four hours or more.

* Require much stronger reporting requirements of all aspects of hours-of-service operations.

Said Stem: “These final rules recognize and maintain the significant contribution to safety that a defined reporting time makes for safety-critical operations. Our operating employees are professionals. When they know the time they must report for service, they show up rested and fatigue is not a factor.

“Also, a napping policy for our assignments that turn in fewer than four hours is a significant improvement for safety. Sleep scientists confirm that a 30-minute nap is a great fatigue mitigation tool.”

To read the final hours-of-service rule for passenger and commuter train conductors and engineers as published Aug. 12 in the Federal Register, click on the following link:

http://www.fra.dot.gov/rcc/content/pages/Passenger-Train-Hours-of-Service-Final-Rule-081211.pdf

A coalition of labor unions and community groups didn’t take back the Wisconsin state senate from anti-union extremists Tuesday night, Aug. 9, but voters enraged over the extremists’ political agenda did unseat two of the six senators targeted for recall.

“Seeing that we were outspent three-to-one, that recall elections are rare in American politics and that our effort to change the face of the Wisconsin legislature only began a few months ago, contributors to the UTU Collective Bargaining Defense Fund can be proud of the accomplishment of unseating two extremists, and, especially, the message the recall election sent anti-union politicians nationwide,” said UTU Alternate National Legislative Director John Risch.

The Wisconsin recall effort began after political extremists in that state legislature voted to curtail public-employee bargaining rights as a first step toward weakening labor-union power.

An anti-union agenda by political extremists in Ohio similarly energized labor and community groups there, culminating in a successful petition drive that puts the political extremists’ anti-union legislation to a direct voter referendum in Ohio in November.

And in Indiana, political extremists abandoned their effort to curtail public-employee collective bargaining rights after the pushback by labor and community groups began in Wisconsin and Ohio.

In all cases, the UTU Collective Bargaining Defense Fund played an effective role.

In Madison, Wis., Tuesday, a voter told the Capitol-Times newspaper, “I think the fact that this election is going on right now is a victory in and of itself. We put [the anti-union lawmakers] on the hot seat. I would have liked to have seen us run the table on them, but this is okay for now.”

The UTU’s political consultant, Dean Mitchell, noted that the Wisconsin recall elections are a “test run for organized labor in expanding and improving its get-out-the-vote message and efforts ahead of the 2012 presidential election, where Wisconsin will be one of the swing states. The UTU can be proud that the two senators successfully recalled are from the two voting districts in the state with the most UTU members registered.”

UTU National Legislative Director James Stem said the extremist agenda in Wisconsin, Ohio, Indiana and other states to privatize schools and weaken labor unions mirrors the efforts of extremists in Congress to fold Railroad Retirement into Social Security, privatize Social Security and Medicare, eliminate Amtrak and destroy organized labor.

 “The situation in Wisconsin allowed the UTU and other labor organizations to fine-tune our communication strategies,” Stem said. “We are very proud of the manner in which our active and retired members responded to our efforts. The UTU Collective Bargaining Defense Fund and the UTU PAC will continue to spearhead our efforts going forward to protect our collective bargaining rights and defend against these brazen attacks on the middle-class.

“We owe temporary Gov. Scott Walker a debt of gratitude for waking up the middle class to the battle being waged against them,” Stem said. “We will use the lessons learned in the Wisconsin recall to improve our efforts and communications in Ohio and in presidential and congressional elections in 2012.”

HOLLYWOOD, Fla. – Mike Futhey was elected to his second four-year term as president of the United Transportation Union Aug. 8 during the UTU’s 11th quadrennial convention here.

Futhey was re-elected by a vote of 453-34 against challenger Scott Cole, delegate from UTU Local 278.

Also re-elected Aug. 8 — by acclamation — were Assistant President Arty Martin, General Secretary & Treasurer Kim Thompson and National Legislative Director James Stem.

Election results for Aug. 9 include:

* Robert Kerley, Dave Wier, John Previsich and Delbert Strunk were all returned by acclamation as International vice presidents.

In other International vice president elections:

* Paul Tibbit defeated John Babler, 371-117.

* John Lesniewski defeated J.R. “Jim” Cumby, 420-68.

* Bonnie Morr defeated Calvin Studivant, 274-213.

Additionally, Alternate National Legislative Director John Risch was re-elected, defeating Jay Seegmiller, 378-105.

Also:

* Calvin Studivant was elected alternate vice president-east, Bus Department, by acclamation.

* Brian Donald was elected alternate vice president- west, Bus Department, with 337 votes, defeating Adhi Reddy (75 votes) and Robert Gonzalez (74 votes).

* Larry Barrilleaux,  R. W. “Red” Dare, John England, Troy Johnson, Doyle Turner and Daniel Young were elected alternate vice presidents, receiving a majority of votes (and more than 50 percent of ballots) among nine candidates for six alternate vice president positions. Defeated were Carl Farnie, Kevin King and Charles Piland.

Also:

* Dale Barnett was elected “Engine Service Member” on the Board of Appeals, defeating Daniel O’Connell, 369-116.

* Donald Seyer was elected, by acclamation, “Road Service (Train Service) Member” on the Board of Appeals.

* Dale Welch was elected, by acclamation, “Yard Service (Train Service) Member” on the Board of Appeals.

* Dirk Sampson was elected, by acclamation, “Commuter Authority Member” on the Board of Appeals.

* Alvy Hughes was elected “Bus Department Member” on the Board of Appeals, defeating Adhi Reddy, 379-106.

Also:

* Steve Dawson, Mike Anderson, Steven Mavity, George Millward and Robert Resendez were elected, by acclamation, to the Executive Board. Phil Craig defeated Harry Garvin, 346-140, in election for alternate to the Executive Board.

Terms of elected officers and alternates begin Jan. 1, 2012.

Per an arbitrator’s ruling in the pending litigation and arbitration of whether the merger agreement between the UTU and the Sheet Metal Workers International Association (SMWIA) is an enforceable agreement, a parallel election is being held for officers of the Sheet Metal, Air, Rail and Transportation (SMART) Workers Union.

Each of those elected Aug. 8-10 to a UTU position was also elected to the same-named position in SMART.

As to the parallel SMART election, Arbitrator Michael Gottesman required that “if SMWIA so requests,” the UTU convention will hold separate elections for officers of UTU and of SMART. SMWIA General President Joe Nigro has so requested. Accordingly, after nominations for each UTU officer position are closed and the election completed, nominations and elections for the corresponding SMART officer positions are being opened.

Arbitrator Gottesman said the required vote on SMART-officer positions should in no way suggest he has reached a decision.

The holding of the convention and procedures for election are provided for in the UTU Constitution. It is available for viewing by clicking on the following link:

https://static.smart-union.org/worksite/PDFs/UTU_Constitution_012710.pdf

TULSA, Okla. — A BNSF employee and UTU member was killed in a yard accident here Aug. 4 when a vehicle in which she was riding was struck by a flatcar during a hump operation, according to the Oklahoma Highway Patrol and reported by the Tulsa World newspaper.
Deborah Ann Beeler, 39, of Claremore, was pronounced dead at the scene from multiple injuries, reports the newspaper. She was a member of UTU Local 1289 since July 2005.
According to the newspaper report, Beeler was riding a 2010 Kubota RTV that was crossing BNSF’s Cherokee Yard tracks around 2:15 a.m., Aug. 4, when it was hit on the passenger side by the flatcar that was moving by gravity off the hump. She reportedly was pinned in the RTV for two hours before Tulsa Fire Department rescue workers could free her.
Beeler is survived by her husband, Michael, and sons Tyler, 11, and Wyatt, 9.
UTU Local 1289 member Randy Battenfield, 27, who reportedly was operating the RTV, was not injured, according to the newspaper. Battenfield became a UTU member July 1, 35 days prior to the accident.
Beeler is the fifth UTU member killed in an on-duty accident in 2011, and the second in a yard accident.

Total train and engine employment on Class I railroads increased by 7.49 percent in June 2011 versus June 2010, although not all major railroads increased hiring.

T&E headcounts on CSX and Canadian National (U.S. operations) declined in June 2011 versus June 2010, but all other railroads increased their headcounts — primarily through recalls from furlough.

The following table shows the changes in headcount for June 2011 versus June 2010, as reported by the U.S. Surface Transportation Board:

 CLASS I RAILROAD JUNE 2011 JUNE 2010     +/-
BNSF16,41415,032+ 1,382
CSX10,84110,928–      87
CN (U.S.) 2,134 2,325–     191
KCS 1,289 1,196+     93
NS11,78310,610+ 1,173
SOO 1,435 1,423+     12
UP20,21518,127+ 2,088
AMTRAK 3,410 3,348+     62