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WASHINGTON — In a Notice of Proposed Rulemaking (NPRM) published in the Nov. 10 Federal Register, the Federal Railroad Administration proposes to make Jan. 1, 2012, the effective date for implementation of conductor certification.

The rulemaking on principles, elements and methods of conductor certification was ordered by Congress in the 2008 Rail Safety Improvement Act.

The NPRM — preceding publication of a final rule, expected in early 2011 (ahead of implementation) — was developed through the FRA’s Rail Safety Advisory Committee (RSAC), comprised of stakeholders, including affected labor unions, railroads, suppliers, manufacturers and FRA safety experts.

The various stakeholders had many conflicting objectives for the rulemaking, and the NPRM is a consensus document that required compromise among all stakeholders.

The UTU was represented on the RSAC Conductor Certification Working Group by a team appointed by International President Mike Futhey:

  • * Local 1470 Chairperson Director David Brooks
  • General Chairperson (GO 049) John Lesniewski
  • UTU Training Coordinator and Local 528 Legislative Representative Ron Parsons
  • National Legislative Director James Stem
  • Alternate National Legislative Director John Risch
  • Local 645 Chairperson Vinnie Tessitore
  • UTU Rail Safety Coordinator for Designated Legal Counsel Larry Mann

The UTU will respond to NPRM with recommendations for improvement and change in the final rule — as will all stakeholders. The FRA will make the sole determination as to contents of the final rule.

Following are major provisions of the rulemaking. A link to a more detailed summary of the 53-page NPRM is provided at the end of this article.

  • Conductors who must be certified are defined as “the crewmember in charge of a train or yard crew.”
  • Trains are defined as freight and passenger trains on railroads that connect to the national rail network.
  • Conductor certification does not cover assistant conductors, brakemen, yard helpers, switchmen, utility men, switch tenders, flagmen or others not in charge of a crew.
  • Railroads must implement a formal process — to be approved by the FRA — for training conductors and determining they are competent.
  • To be qualified for certification, a conductor must successfully complete all instruction, training and examination programs required by the carrier. Conductors must also meet minimum federal safety standards, including minimum hearing and vision standards.
  • Passenger train conductors must have received emergency preparedness training to be certified.
  • Current conductors will automatically be certified (grandfathered).
  • Conductors may be decertified for between 30 days and three years, depending on the number of violations.
  • Conductors will be required to notify the railroad if convicted of operating a motor vehicle under the influence of drugs or alcohol, and will be decertified if found to have an active substance disorder.
  • Decertification may also take place when FRA safety regulations are violated (such as failing to take appropriate action to ensure a locomotive engineer adheres to train speed limits and signals and signposts, or fails to perform or have knowledge that a required brake test was performed).
  • Decertified engineers will not be allowed to work as a certified conductor while decertified, nor will decertified conductors be allowed to work as certified engineers. An exception is that a conductor, decertified for violating a 49 CFR Part 218 safety regulation, will be able to work as a certified engineer.
  • If the railroad permits, a decertified engineer or decertified conductor may work, for example, as a brakeman, a passenger train assistant conductor, or in another non-certified position.
  • If the railroad permits, decertification time may be used for retraining.
  • All crews are required to have a certified conductor assigned. The NPRM is crew consist neutral, but provides that a lone engineer must be certified as both an engineer and a conductor, or be accompanied by a certified conductor.
  • The process for appealing decertification can be extremely lengthy, and require an attorney-at-law. Mann cites a decertification he is challenging — involving an engineer — that has now dragged into its fifth year. Mann said streamlining the appeals process, before the final rule goes into effect, will be among the top priorities of the UTU.

Although conductor certification carries the risk of decertification, the UTU RSAC Conductor Certification Working Group said certification will enhance the proficiency of UTU members, making them ever more professional and indispensable.

Collective bargaining, not the FRA rulemaking, will determine whether a certified conductor receives additional pay.

Click here to read the 53-page Notice of Proposed Rulemaking.

Click here for a more detailed summary of the NPRM. 

Union Pacific will increase its capital spending by 25 percent to $3.25 billion in 2011, reports the Journal of Commerce.

UP capital exenditures in 2010 totaled $2.6 billion.

UP said it will be purchasing as many as 200 new locomotives in 2011, upgrade numerous corridors to accommodate double-stack container cars, and replace a 100-year-old bridge across the Mississippi River at Clinton, Iowa, the Journal of Commerce reported.

Intermodal traffic (trailers and containers carried atop flatcars) continues to roar for Class I railroads.

During October, according to the Association of American Railroads, intermodal traffic soared by 14 percent versus October 2009.

Weekly during October, according to the AAR, Class I railroads transported an average of more than 235,000 trailers and containers – the highest weekly totals for any month since October 2007.

In fact, October 2010 was the 12th highest weekly monthly average on record, the AAR said.

WASHINGTON — One of first transportation challenges for federal rail transportation-project advocates — Democrats and Republicans — in the new Congress in 2011 will be how to preserve and allocate seed money for rail transit and high-speed rail projects.

Billions of dollars in congressionally directed dollars for rail transit and high-speed rail projects in New Jersey, Ohio and Wisconsin are expected to be returned to the federal treasury by Republican governors who have cancelled — or intend to cancel — such projects in those states.

In New Jersey, Gov. Chris Christie, citing serious state budget problems, already has canceled a proposed new rail tunnel under the Hudson River linking New Jersey and New York City, which was intended to ease train congestion in the current, century-old Hudson rail tunnel. Some $3 billion in federal money for that almost $10 billion project will be returned to Washington.

Newly elected Republican governors in Wisconsin (Scott Walker) and Ohio (John Kasich) have criticized federally funded high-speed rail projects proposed for their states, meaning $810 million in federal grants already sent to Wisconsin, and $400 million in federal grants already sent to Ohio, could be making a round-trip back to Washington.

But that doesn’t mean federal funding for rail transit and high-speed rail is dead. It may mean the already allocated funds for New Jersey, Ohio and Wisconsin — when returned to Washington — will be redirected to other rail projects in other states.

As the Economist magazine points out, the presumed new Republican chairman of the House Transportation & Infrastructure Committee — Rep. John Mica (R-Fla.) — is actually an advocate of “some” federally funded rail projects: projects, that, in Mica’s opinion, make economic sense. That term, of course, is one of art and not one of precision.

For example, Mica already has endorsed upgrading Amtrak’s Northeast Corridor linking Washington, D.C., Baltimore, Philadelphia, New York and Boston.

In fact, Amtrak President Joseph Boardman, a Republican and previously George W. Bush’s federal railroad administrator, already has outlined a plan to rebuild — at a cost of $117 billion — much of the Northeast Corridor to accommodate high-speed trains that could travel between Boston and New York in 84 minutes, and between New York and Washington, D.C., in 96 minutes. To learn more about that project, click on this link:

https://www.smart-union.org/news/amtraks-vision-for-n-e-corridor-bold-fast-6/

Mica also is supportive of high-speed rail in his own state, although he has suggested it be a less ambitious project, perhaps linking only Tampa with Orlando rather than extending south to Miami.

On Nov. 7, Amtrak’s Boardman announced an agreement with French National Railways and Bechtel Infrastructure Corp. to bid for the contract to design, build, operate, maintain and finance Florida’s planned high-speed rail line between Tampa and Orlando. 

Mica has yet to weigh in on California’s high-speed rail ambitions, linking San Diego with Los Angeles, San Francisco and Sacramento — a $40 billion project that already has received some $2 billion in federal seed money.

A Reuters report said Mica, as T&I Committee chairman, intends to reevaluate the Obama administration’s $10 billion in high-speed rail awards.

Mica is quoted as saying, “We had unelected officials sitting behind closed doors making decisions without any hearings or without any elected officials being consulted.” Reuters also quoted Mica as saying he wants to rely less on direct federal spending for high-speed rail and more on public-private partnerships.

Said the Economist magazine, “It will be interesting to see whether the Obama administration can convince the lame-duck Democratic congress to reassign the money or whether the GOP-run House [in 2011] will try to cancel the spending entirely.”

Mica will play a crucial role in that decision making.

If you want to voice your support for the Ohio and Wisconsin high-speed rail projects, click on the following link:

StandUpforTrains.org

A ray of sunshine for working families is emerging from otherwise bleak economic news: Many Americans are going back to work.

The Labor Department reports that 151,000 jobs were added during October, following four successive months of job losses.

On the nation’s railroads, thousands of train and engine (T&E) workers are being recalled to work.

Union Pacific Chairman Jim Young told Wall Street analysts in late October that UP had put some 1,100 furloughed workers back to work during the third quarter 2010, and that all furloughed UP workers would be back on the job in coming months. Young said he expects UP to be hiring additional employees in 2011.

At Norfolk Southern, according to the Journal of Commerce, all furloughed T&E workers have returned to their jobs, and NS will be hiring an addtional 1,550 T&E workers this year — and may hire an additional 1,800 in 2011, albeit many replacing those who will retire.

Although train and engine jobs on the nation’s Class I railroads had been cut by some 20 percent between June 2007 and June 2009, there has been a steady increase in T&E jobs in 2010, especially over the past few months, according to U.S. Surface Transportation Board data as reported to the agency by the railroads.

In June 2007, the nation’s Class I railroads employed 69,298 workers in train and engine jobs.

By June 2009, the number of T&E jobs on Class I railroads had declined to 55,434 — a decline of some 20 percent in T&E jobs from the June 2007 level.

Beginning this past June, however, the number of T&E jobs began rising significantly, climbing back to 61,444 in September, or only about 11 percent below the June 2007 level of T&E employment, according to STB data.

The STB has not yet reported October T&E employment, which is expected to show another rise.

With rail traffic strong and expected to remain so, there is confidence that the number of T&E jobs will continue rising on all railroads during the fourth quarter.

Another strong ray of sunshine is found in an observation by the British-based Economist magazine in its Oct. 30 issue:

“America has far more going for it than its current mood suggests. It is still the most innovative economy on earth, the place where the world’s greatest universities meet the world’s deepest pockets. Its demography is favorable, with a high birth rate and limitless space into which to expand.

“It has a flexible and hard-working labor force. Its ultra-low bond yields are a sign that the world’s investors still think it is a good long-term bet. The most enterprising individuals on earth still clamor to come to America.”

BNSF has appointed Greg Fox as executive vice president, operations, succeeding Carl Ice, who has been promoted to president and chief operating officer.

Fox will be responsible for engineering; mechanical; transportation; safety training and operations support; and resource protection, said BNSF in a press release.

Since May 2007, Fox was vice president of transportation at BNSF, and previously was vice president of engineering and vice president of technology services.

He joined BNSF predecessor Burlington Northern in 1984 as a management trainee, and later was a trainmaster, terminal trainmaster and terminal superintendent.

Fox earned an undergraduate degree in finance and transportation management from the University of Colorado.

It was a boomer of a third quarter for major railroad profits.

Blockbuster earnings were reported by Canadian National, Canadian Pacific, CSX, Kansas City Southern, Norfolk Southern and Union Pacific as railroads exercised market pricing power and enjoyed robust increases in freight shipments.

  • Canadian National reported its third quarter profit rose by 21 percent, and its operating ratio declined from almost 63 percent in the third quarter 2009 to 60.7 percent for the third quarter 2010. Operating ratio is the railroad’s operating expenses expressed as a percentage of operating revenue, and is considered by economists as a basic measure of carrier profitability. 
  • Canadian Pacific reported that while its third quarter profit declined owing to an extraordinary one-time real-estate sales gain the previous year’s third quarter, its operating ratio improved from more than 76 percent in third quarter 2009 to 73.7 for the third quarter 2010.
  • CSX reported its third quarter profit climbed by 43 percent, and its operating ratio improved from 73.9 in the third quarter 2009 to 69.1 for the third quarter 2010.
  • Kansas City Southern reported its third quarter profit doubled, and its operating ratio improved from 78.3 percent in the third quarter 2009 to 73.5 percent for the third quarter 2010.
  • Norfolk Southern reported its third quarter profit increased by 47 percent, and its operating ratio improved from 72.8 percent in the third quarter 2009 to 69.6 percent for the third quarter 2010.
  • Union Pacific reported its third quarter profit soared by 51 percent — its most profitable quarter ever — and its operating ratio improved from 73.8 percent in the third quarter 2009 to 68.2 percent for the third quarter 2010.

As BNSF is now privately held, it no longer reports detailed quarterly financial data, but the Journal of Commerce, citing a BNSF filing with the Securities and Exchange Commission, reported that BNSF’s third quarter profits soared 44.7 percent over the third quarter 2009. An operating ratio was not reported.

Meanwhile, the Railway Supply Institute reported that railroads are significantly increasing orders for new freight cars; while the Association of American Railroads reported that rail freight traffic for 2010 through early November is running 7.3 percent higher than for the same period in 2009.

Voters in California have approved a ballot proposition preventing the state or local governments from borrowing or redirecting to other budget projects any fuel tax or local property tax funds earmarked for transportation projects such as rail and transit.

The California ballot proposition, which was approved by more than 60 percent of voters, is in reaction to the recent shifting of transportation-earmarked funds to redevelopment projects and to close budget gaps.

Although UTU members participating in the Railroad Employees National Health and Welfare Plan and the National Railway Carriers and United Transportation Union Health and Welfare Plan (NRC/UTU) have received notices that they must provide Social Security and Medicare Health Insurance Claim numbers for dependents, many have failed to do so.

If the required information is not provided as directed, the dependents will be dropped from health care coverage on Jan. 31, 2011.

 
 

By International President Mike Futhey

What do the Nov. 2 congressional election results mean for UTU members and their families?

Consider these facts that are not always obvious:

  • While it is true that organized labor has more friends among Democrats, many of the Republicans elected Nov. 2 are friends of working families, and they received UTU PAC support and were on our voting recommendations list.
  • The UTU is a bipartisan union, historically and consistently looking beyond party labels to reward each and every friend of working families.
  • Among our Republican friends, for example, are Rep. Don Young of Alaska, and Sen. Orrin Hatch of Utah. Republican Sen. Hatch is one of the strongest congressional defenders of the Federal Employers’ Liability Act (FELA), while Republican Rep. Young has been one of the UTU’s most ardent supporters in the House of Representatives.
  • One of the most important congressional committees to UTU members — airline, bus and rail — is the House Transportation & Infrastructure Committee, where most legislation affecting the transportation industries originates. Among Transportation & Infrastructure Committee members, more than 66 percent — Democrats and Republicans — who were endorsed by the UTU won re-election Nov. 2.
  • In all congressional races Nov. 2, more than 60 percent of UTU endorsed candidates won election or re-election. Imagine if you could win a poker hand more than 60 percent of the time, or hit safely six of 10 times at bat as a major league ballplayer.
  • Despite the change in party control in the House of Representatives, UTU recommended candidates are still a majority, meaning the UTU National Legislative Office can continue to work successfully on issues that matter to our members — job security, safety, health care and retirement benefits, as well as adequate public funding for Amtrak and public transit.
  • Key regulatory agencies, such as the Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, National Mediation Board, and National Labor Relations Board, will continue to have labor-friendly majority control.
  • The UTU’s GOTV — “get out the vote” — effort this election year resulted in thousands of UTU members and families, who were not previously registered or hadn’t voted in the previous (2006) non-presidential election, registering to vote and casting ballots in congressional races.
  • In states where early voting is permitted, preliminary polling by GOTV shows that as many as 20 percent of UTU members and spouses who cast an early ballot had not voted in the 2006 non-presidential election. This proved important in close races.
  • On behalf of the UTU, GOTV — in partnership with UTU state legislative directors and the UTU Auxiliary — made more than 210,000 unique member contacts in 28 states via the postal service, e-mail and telephone calls, urging UTU members and their families to register to vote and to vote in this election.
  • By encouraging a higher percentage of UTU members to register to vote and to vote, we demonstrate to candidates the power of UTU endorsements — and, especially, that in close races, a UTU endorsement has great value to a candidate.
  • Candidates remember their friends in the same manner organized labor remembers its friends.
  • As the proverb says, “It’s not the will to win, but the will to prepare to win that makes a difference.” What the UTU PAC and GOTV demonstrate to candidates of all political stripes is that the UTU is a friend worth having.
  • The UTU has always had a great legislative program, but what we have accomplished this election through GOTV sets a new standard and benchmark to measure future advances.
  • When the new Congress is seated in 2011, we will be working closely with our old and new friends to continue advancing the UTU legislative agenda on behalf of our members.