Going on a Western mule deer hunt would be a trip of a lifetime for many hunters. For Keith Gilmer, a member of Sheet Metal Workers Local 19 from Bethel, PA, it was even more of a dream come true because 12 years ago, he didn’t know how many more chances he would have to hunt.
“In 2004, I found out that I was headed towards renal failure; my kidneys were shutting down,” Gilmer said. “I wasn’t sure how many more times I would be in my treestand.”
Luckily, Gilmer met a woman through his community volunteer work who offered to be tested as a potential donor and was a match. She donated a kidney, Gilmer recovered and the two were married in 2013. Now Gilmer treats each day and all those special moments in the woods as a gift.
An avid hunter for the past 45 years, Gilmer has harvested many whitetails with his bow, crossbow, rifle and handgun in Pennsylvania, but family commitments prevented him from going on a Western big game hunt. He finally got that chance when he saw an ad for the Union Sportsmen’s Alliance’s Brotherhood Outdoors TV series in his union magazine and applied to be a guest.
On November 20, 2015, Gilmer flew to Billings, Montana, and met up with Brotherhood Outdoors co-hosts Daniel Lee Martin and Julie McQueen along with his guide, Dale Denny of BearPaw Outfitters. The hunt kicked off exceptionally well the next day when the group spotted a very nice whitetail buck at first light. Gilmer’s hunting tag provided the option for a whitetail or mule deer, so although it took a lot of willpower, he decided to pass on the shot and hold out for a muley. Gilmer and the crew saw more than 100 deer that day, and about 40 percent were bucks, but Gilmer continued to be patient.
“The second day, we again saw plenty of deer, and just as we were going back to take a lunch break, we spotted some bedded mule deer – five does and one buck. That’s what I was hoping for,” Gilmer said.
When the buck and his does got up and headed over the next ridge, the hunters followed. They caught up with the deer just before they crossed over yet another ridge and headed into a canyon, and Gilmer got in position for a 120-yard shot on his first mule deer.
Does Gilmer get to give thanks for harvesting a mule deer buck just days before Thanksgiving or simply for the beautiful scenery and incredible opportunity?
Tune in to Brotherhood Outdoors on Sunday, March 6 at 11 a.m. ET on Sportsman Channel to find out. Visit www.BrotherhoodOutdoors.tv for full season schedule, photos, video clips and more.
Sneak Preview: https://www.youtube.com/watch?v=9y3IlLnsfy4&list=PLoPZxal6c47wfmOAyvYtM9mH30baSFLrW&index=38
Article by Kate Nation via Brotherhood Outdoors.
Author: paul
On January 26, 2016, SMART Sheet Metal General Committee 1 signed 17 new members that work for Bombardier at TriRail in Miami & West Palm, FL. After a long organizing campaign that lasted months, followed by a long round of negotiations, a five (5) year agreement was reached for members that perform mechanical and store house work for Bombardier.
The agreement gives members yearly General Wage Increases (GWI), bonuses and a cap on the cost of health care. According to General Chairman Joe Fraley, “the majority of these individuals have never been in a union prior to now. Because of this, we have and continue to spend time working individually with each worker on the enforcement of their new collectively bargained contract and what they can expect from their union. We look forward to using this success as a launching pad for further growth at here and at nearby facilities.”
Members planning to attend one or both of the SMART Transportation Division regional meetings this summer can now make reservations for either city. Details are available at the Transportation Division website at www.utu.org.
Regional meeting registration is available online now by going to the Meetings page and clicking on the respective city or by following the links below. Hotel information can be accessed by visiting www.utu.org and clicking on the “Meetings” box on the bottom of the homepage. Links to the host hotels, city visitor bureaus, and online car-rental are also available.
Click here to register online for the San Francisco regional meeting. Click here to register online for the Chicago regional meeting. Click here for the mail-in registration form.
Regional meetings will be held July 4-6 in San Francisco and July 25-27 in Chicago.
Each regional meeting will run for 2.5 days, ending early on the afternoon of the third day. The evening of the first day has been left unscheduled so you, your family and friends will be free to explore and enjoy the many offerings of the regional meeting cities.
All those attending the regional meetings must be registered in order to attend any planned social function. Children ages 11 and under who are pre-registered are complimentary.
The pre-registration fee for the 2016 regional meetings is $150 per member, spouse or child over age 11, the same fee charged the last eight years. Additional fees apply for the golf outings and family tours. You must make your own room reservations, and certain deadlines apply.
The $150 registration fee covers all workshop materials; a welcoming reception the night before the meeting; three lunches and one evening meal. Those wishing to attend only the workshops do not need to pay the registration fee. No one-day registrations are offered.
You may cancel your meeting registration 10 days prior to the first day of the meeting or the golf outing without penalty. Call the SMART Transportation Division at (216) 228-9400 or email PR_TD@smart-union.org immediately regarding any changes or cancellations.
If you choose to register by mail, you must submit a completed registration form listing each attendee, regardless of age. Complete payment in U.S. funds must be received at the SMART Transportation Division, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333, by June 19 for the San Francisco meeting or by July 3 for the Chicago meeting, or the registrant will be charged an on-site registration fee of $200.
Visit our meetings page on utu.org to take advantage of car rental discounts and to view more information on tours, golf, etc.
I would like to take this opportunity to thank every SMART member for your hard work in 2015, work that strengthens this union. It may not always be apparent, but along with union involvement, the day-to-day work you perform also reflects on our organization and on every member. I want to begin 2016 by recognizing the achievements and changes over this past year. The value of our combined strength is clear when we see local unions and members standing united, whether it be during election season, or while sharing resources to ensure that local union organizers and staff receive the proper education that helps them better represent you at the workplace.
With 2016 upon us, our legislative staff will work to ensure that your interests are served by getting a fair hearing on Capitol Hill and in the state capitols across the nation. We reached legislative milestones set through the passage of the recent FAST Act to improve America’s public transit and rail transportation systems. Thanks to the efforts of our legislative department, the FAST Act passed with sweeping bipartisan support and created provisions that include: protecting transportation members from assault; new tank car provisions protecting members and the general public; and, increased funding for transit and Amtrak operations.
This year promises to be an eventful year with the upcoming 2016 election. I thank those of you who provided input in response to the membership survey on the candidate that best represents our interests. Your voice matters, and if you haven’t done so already, I strongly urge you to make sure you and your family are registered to vote. There is nothing we can’t accomplish when our collective voices and action come together for a united purpose. Every single ballot makes a powerful impact and brings strength to our mission. Two years ago, Dan O’Connell, SMART TD’s State Legislative Director in New Jersey, ran for office in his hometown of Delran, N.J. and went to sleep on election night thinking he had lost by two votes. The next morning he woke to a flurry of messages congratulating him on his victory. During the night, absentee ballots brought him to a 15 vote lead. That’s the kind of impact your vote can make.
Brothers and sisters, we made a great deal of progress in the last year. I look forward to reporting back on the continued progress we will make in the coming year. Until then, I would like to wish each of you a safe and healthy New Year.
SMART, the International Association of Sheet Metal, Air, Rail and Transportation Workers, has endorsed Secretary Hillary Clinton as the union’s choice for President in the upcoming 2016 election.
Clinton stood out to members based on her strong leadership, experience, competency and unwavering support for working families. The selection process had input from a survey of the union’s U.S-based members and from its leadership at the local, regional, and national levels.
SMART General President Joseph Sellers, Jr., said, “She has the real-world experience and dedication that makes her the right candidate to serve the interests of America’s working families in these turbulent times.”
Sellers noted that “Secretary Clinton’s plans are detailed and well-reasoned. On the economy, she will build on our apprenticeship and training programs, expand and improve freight transportation and transit and address environmental concerns with investments in energy efficiency. All of these involve jobs that members earn their living in every day.”
SMART surveyed its diverse membership on the 2016 election in December. The poll focused on issues, not candidates, in order for member feedback to guide the union’s electoral efforts in every race, at every level, in 2016 and beyond.
Members overwhelmingly chose jobs and the economy as their most vital interest. On qualifications, members indicated they want leaders to possess the competency, broad experience and serious approach necessary to tackle the nation’s difficult domestic and international challenges.
These, combined with the membership’s preference, led the SMART General Executive Council to approve Secretary Clinton for the Union’s support. SMART will mobilize its members across the United States to help ensure that Hillary Clinton is elected to serve as the next President of the United States.
Sellers also acknowledged Senator Bernie Sanders, saying, “I thank him for his lifetime of unwavering support for working families and especially for ensuring that the everyday issues working families face are squarely addressed in this campaign.”
Republican legislators in Kentucky have proposed SB 9 which would restrict prevailing wage protections from future state-funded projects. The bill passed through the Senate Standing Committee on Appropriations and Revenue and is due for a full Senate vote.
Changes to the prevailing wage are a priority for the state’s Republican legislators and tea party under newly-elected Governor Matt Bevin.
The state’s House is controlled by Democrats however special elections next month might create a 50/50 split if Republicans can capture four seats that are up for grab. The bill covers new school construction along with renovations along with college campuses, public works projects and work on public facilities.
Bill Londrigan, President of the Kentucky AFL-CIO, was on hand to testify against the bill. He argued that the prevailing wage is a public policy issue worth preserving due to it ability to take wages and benefits out of the factors used in competition thus giving local contractors, both union and non-union, a chance at capturing the work. This would allow local workers to be able to staff these jobs and ensure wages are reinvested in local communities – thus benefiting taxpayers.
The Supreme Court is set to hear the case Friederichs v. California Teachers Association on January 11. The case could weaken public sector unions by forcing a public sector ‘right to work’ law nationwide.
The court will determine whether public sector unions can continue to collect ‘fair share’ or ‘agency fees’ from non-members who benefit from the collective bargaining agreement negotiated by unions. This case could overturn the landmark case Abood v. Detroit Board of Education.
The Court has revisited the Abood case six times since its first announcement, most recently in last year’s decision in Harris v. Quinn. Strong majorities on the Court have reaffirmed the Abood ruling—five of those times unanimously—in every single case.
Every member of the current Supreme Court has either authored or joined in at least one of those supporting decisions. Last year, outlined in his writing in Harris, Justice Samuel Alito invited the current challenge by spending half of his lead opinion attacking the original Abood on First Amendment grounds.
Legal experts are divided as to what they expect the result of the case will be.
Start the New Year off right with this special offer, only for SMART members, at select Gold’s Gyms across the U.S. A 12 month contract is required. The promotion is only valid until January 10, 2016. Visit www.GoldsGym.com/Corporate for a list of participating locations.
The following is a report from the Transportation Trades Department (TTD) of the AFL-CIO on changes made by OSHA to the “Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security Act and the Federal Railroad Safety Act.
Whistleblower Protections for Medical Issues
SMART, the Transportation Trades Department and all of rail labor urged OSHA to reverse its decision to not consider section 20109(c)(1) of the Federal Railroad Safety Act (FRSA), which prohibits carriers from taking actions to deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment, a whistleblower provision. Labor Unions argued that OSHA had misinterpreted the statute and further that it would be illogical to prohibit a rail carrier from disciplining an employee for requesting medical treatment, but not to prohibit the carrier from denying, delaying or interfering with treatment. In response, OSHA reversed their decision, and a violation may be processed under whistleblower procedures.
Multiple Claims
The election of remedies provisions of the National Transit Systems Security Act (NTSSA) and FRSA each provide that an employee may not seek protection under those respective provisions and another provision of law for the same allegedly unlawful act of the employer. TTD commented that employees must have the right to seek relief under the whistleblower provisions of NTSSA and FRSA as well as their collective bargaining agreements and requested that OSHA adopt this interpretation. In response, OSHA noted that prior cases history (Koger v. Norfolk Southern Railway Co. and Mercier v. Union Pacific Railroad) permits a whistleblowers claim to proceed regardless of an employee’s pursuit of a grievance or arbitration under their collective bargaining agreement, and that this represents the current interpretation.
Similarly, Rail Labor requested that OSHA interpret the election of remedies provision of FRSA as not barring an employee from also pursuing a FELA claim. OSHA declined to make any changes to the rule, but stated that the provision generally would not bar a complainant from filing both claims. Because an FRSA claim would be seeking reinstatement, back pay, and damages resulting from an act of retaliation, whereas a FELA claim would be seeking damages from a workplace injury, the claims generally would not represent seeking protection for the same allegedly unlawful act of the railroad carrier. OSHA notes that employees routinely pursue a FRSA claim and a FELA claim concurrently in district court.
Definitions
TTD commented that OSHA should redefine “public transportation agency” and “railroad carrier” to include as covered employers owners, contractors and sub-contractors. Similarly, Rail Labor commented that OSHA should clarify coverage over joint employers, as current text does not include retaliation by owners who are not operators. OSHA responded that under NTSSA, a covered employer is a ‘‘public transportation agency,’’ defined as a publicly owned operator of public transportation. Under FRSA, a covered employer is a ‘‘railroad carrier”, defined as a person providing railroad transportation, and therefore the statute contains the specific definitions. OSHA declined to make changes. Finally, OSHA notes that NTSSA and FRSA specifically prohibit contractors and subcontractors from retaliation.
Medical Attention
TTD and Rail Labor commented on the exception to FRSA’s prompt medical attention provision in 49 U.S.C. 20109(c)(2) which permits a railroad carrier to refuse to allow an employee to return to work if the carrier believes this would violate safety standards. Both TTD and Rail Labor argued that this exception would allow carriers to abuse groundless medical refusals as a form of retaliation. TTD and Rail Labor asked OSHA to include a statement in the regulation that a railroad carrier’s refusal must be done in good faith and with a reasonable basis of medical fact, and that if the carrier is relying on their own standards, that these standards be established in official policy, medically reasonable, and uniformly applied. In response, OSHA declined to make changes, but stated that this represented a legitimate concern. OSHA stated that it believes that the safe harbor in 49 U.S.C. 20109(c)(2) requires the employers refusal to allow an employee to return to work be in good faith.
Settlements
Rail Labor requested modification of section 1982.111(d) of the rule to clarify how a settlement will affect other pending cases and other parties involved in a particular case, as employees may be pursuing multiple claims. OSHA declined to make this change, stating that it does not believe that any change in the procedures is necessary to accommodate this possibility. OSHA further states that both NTSSA and FRSA provide that a proceeding before the agency may be terminated on the basis of a settlement entered into by the Secretary, the complainant, and the respondent.
Enforcement of Orders
FRSA provides that if an individual does not comply with an order from the Secretary of Labor pursuant to the procedures in section 49 U.S.C. 42121(b), the Secretary may bring a civil action to enforce the order a district court. Similarly, NTSSA gives district courts authority to enforce orders issued by the Secretary., OSHA interprets the statute as not providing for an individual to bring an action to enforce an order themselves.
Rail Labor commented disagreeing with OSHA’s interpretation that only the Secretary of Labor may bring an action to enforce an order, disallowing the person on whose behalf an order was issued to do so. Rail Labor states that if OSHA’s interpretation is correct, OSHA would have unlimited discretion to enforce an order. Rail Labor asked that the section be revised to read that the Secretary will, in all but the most extraordinary circumstances, enforce an order. OSHA declined to make that change, calling any further explanation of when the Secretary may bring an action unnecessary.
Special Circumstance Waivers
The section entitled “Special Circumstances; Waiver of Rules” provides that, in circumstances not contemplated by the provisions of the rule, or for good cause, the Administrative Law Judge (ALJ) or the Administrative Review Board (ARB) may, upon application and notice to the parties, waive procedural provisions of the rule. For example, an ALJ may waive a missed filing date requirement if he or she believes there is good cause to do so. Rail Labor suggested that this will result in due process concerns and should be deleted. OSHA responded that because the rules cannot cover every conceivable contingency, there may be occasions where certain exceptions to the rules are necessary, and declines to delete the section.
Other
- The final rule has been revised to state that OSHA will request that the parties provide each other with copies of their submissions to OSHA during the investigation.
- The final rule added interest to the description of compensation, defined as the IRS interest rate for underpayment of taxes, compounded daily. OSHA will also require respondents to submit document of payment to the Railroad Retirement Board to ensure that employees are “made whole” in the receipt of compensation.
- American Short Line and Regional Railroad Association (ASLRRA) and the Association of American Railroads (AAR) asked OSHA to delete all reference to economic reinstatement, OSHA declined.
- OSHA revised the period for filing a timely petition for review with the ARB to 14 days rather than 10 business days.
- AAR requested payment by an employee of up to $1,000 in attorney’s fees to the employer if the ALJ determines a complaint was in bad faith or frivolous, OSHA declined to make the change.
- OSHA added the ability for employees to withdraw complaints orally.
- OSHA eliminated the requirement in the interim final rule that complainants provide the agency 15 days advance notice before filing a de novo complaint in district court. Instead, this section now provides that within seven days after filing a complaint in district court, a complainant must provide a file stamped copy of the complaint to the Assistant Secretary, the ALJ, or the ARB.
A crowd of several hundred supporters packed the SMART Sheet Metal Local 36 union hall in St. Louis to greet Secretary Hillary Clinton who discussed the economic issues facing America’s working families.
She emphasized an economic plan that would raise the minimum wage, use tax credits to attempt to lure U.S. businesses back to American soil and create a National Infrastructure Bank to help finance an overhaul of the nation’s infrastructure.
Her tax incentive proposal would use tax rebates to make it cheaper to hire American workers and utilize American plants as opposed to facilities and overseas workers while her infrastructure plans include upgrades to the nation’s railroads and an overhaul of America’s publicly owned buildings that would include energy efficiency retrofits. This type of retrofit work translates to tens of thousands of SMART sheet metal jobs and millions of new man hours in a rapidly emerging sector of the sheet metal and HVAC industries.
SMART Sheet Metal Local 36 was picked as a campaign stop not just due to the local’s high profile within the St Louis community but also due to new training facility which personifies a 21st century approach to training the workforce of tomorrow. The LEED-certified facility, that opened in 2011, underscores a commitment to construction excellence, energy conservation and the environment. It serves as a learning laboratory with a constantly updated curriculum on the latest technologies to produce the most knowledgeable, efficient and safe workforce.
This visit comes on the heels of an earlier visit from Senator Bernie sanders who stopped at the SMART 2015 BA Conference in Washington, DC in late July. SMART has not yet made an endorsement decision.