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Brotherhood of Maintenance of Way Employes www.bmwe.org Volume 113 Number 4 July/August 2004 BMWE/Teamster Merger Discussions On Track he merger talks between the strength, a merger with the IBT will The membership of the BLE in the As a preview of the potential to TBMWE and the International provide BMWE with unparalleled leg- US and Canada (now known as the grow the BMWE in a strategic merger Brotherhood of Teamsters (IBT) are islative clout in Washington, DC, with BLE&T) recently ratified their merger with the IBT, the BLE and IBT entered progressing well and are on track for the full force and strength of the IBT with the IBT by the overwhelming into a cooperative arrangement for reaching a tentative agreement to be Government Affairs Department, the margin of 81% in the US and 63% in organizing even before their merger voted on by the membership of IBT PAC Fund, and the 1.4 million Canada. The BLE members in the was ratified. In less than two years BMWE before years end. The BMWE members of IBT backing the US became part of the newly estab- this joint effort has racked up an and IBT Merger Committees, and the demands of the BMWE. lished IBT Rail Conference, while their impressive number of organizing vic- various sub-committees, have been Perry Geller, Acting Secretary- Brothers and Sisters in Canada tories for BLE&T. With the addition of meeting regularly to fashion an agree- Treasurer reaffirmed that the BMWE became part of the Teamsters Canada the Louisville and Indiana Railroad in ment that will be beneficial to the Committee was committed to ham- Rail Conference, an autonomous May 2004, the BLET has successful- membership of both organizations. mering out a merger agreement that Teamsters body in Canada with ly organized nine different shortline Acting President Simpson stated, would be “cost neutral” to the mem- Constitutional ties to the IBT railroads in less than 24 months. “I estimate that we have addressed bership. Brother Geller stated, “The International Union. These organizing victories have approximately 70-75% of the issues BMWE Merger Committee will not BLE&T President Don Hahs stated, brought more than 750 new members each side has brought to the table for negotiate a merger agreement that “I cannot say enough about the pro- into the BLET. The other shortlines resolution and inclusion into a merger results in a dues increase for BMWE fessionals from the IBT whom have recently organized by the IBT/BLE&T agreement. I am cautiously optimistic members. The Committee is working worked so hard to make this a suc- are Portland & Western; New York & that we can conclude these negotia- diligently to structure an agreement cessful transition for our organization. Atlantic; Great Western Railway of tions in the near future and soon pre- that provides synergies and efficien- The leadership of Jim Hoffa has clear- Colorado; St. Lawrence & Atlantic; sent a merger agreement to the mem- cies to strengthen our efforts at the ly embraced the team concept, and Utah Railway; Iowa, Chicago & bership for a vote.” bargaining table, in organizing, and in the various departments of the IBT Eastern; Indiana Southern; and the The key focus and purpose of a the legislative arena without a dues have worked with us to accomplish Texas-Mexican Railway. In addition, merger with IBT is to increase BMWE increase to the members. We fully our goals. Every time we have asked approximately 2800 former UTU train- collective bargaining strength and pro- expect this merger to be a win-win for the Teamsters for help, both before men in Canada also voted to join the vide BMWE with the additional finan- BMWE members, and look forward to and after the merger, they have been BLET and the Teamsters Canada Rail cial and personnel resources neces- joining our Brothers and Sisters of the there for us. They have attended our Conference. sary to gain what BMWE members Brotherhood of Locomotive Engineers rallies, helped us to lobby Congress BMWE has entered into a similar deserve at the bargaining table. Hand and Trainmen in the IBT Rail and state legislatures, and supported cooperative arrangement with IBT in in hand with collective bargaining Conference.” us in countless other ways.” See MERGER Page 7 Funding Approved for Maintenance of Way Fatigue Study n May 14, 2004 the Office of for two weeks. Participants will be way craft. Once the causes and studies involving train and engine per- OManagement and Budget (OBM) asked to document commute times, effects of fatigue within the mainte- sonnel and railroad signalman. issued OMB Control Number No. work hours, meal periods, and call nance of way craft are documented BMWE Acting President Simpson 2130-0561 approving data collection outs. They will also be asked to com- and analyzed through this study, we stated, “I encourage members to for a fatigue study entitled, Work ment on the circumstances involving can then work to address those participate in this survey study. We Schedules and Sleep Patterns of overnight accommodations when held issues in an appropriate manner.” will need widespread membership Maintenance of Way Employees. This way from home on company busi- Results from the study will be participation in order to collect study was first announced in the ness. Those who complete and sub- reported to the BMWE and FRA only statistically relevant data. Over the Jan./Feb. 2004 edition of the BMWE mit their diaries and questionnaires to as a whole, not individually. Foster- years, we have tried to get the indus- Journal. The fatigue study, sponsored Foster-Miller will receive a $75 gift Miller will delete the names of all par- try to address a number of conditions by the FRA and supported by the certificate in appreciation for partici- ticipants once the data has been that contribute to fatigue in the BMWE, is being conducted by the pating in the survey. compiled and participants have maintenance of way craft. I am independent firm of Foster-Miller, Inc. “Fatigue is a huge factor in our received their gift certificates. confident that this study will help of Waltham, MA. industry,” says Fred Simpson, Acting The study has two primary purpos- document the relationship between The overall purpose of the study is President of the BMWE. “The expan- es: (1) It aims to document and char- work schedules/working conditions to develop a better understanding of sion of territories, the erratic on-call acterize the work/rest schedules and and fatigue. Once the study results the work/rest schedules and sleep status of BMWE members, work week sleep patterns of maintenance of way are in, I am hopeful that we can patterns of maintenance of way work- variations, and inadequate away from workers (both production and head- utilize the data to address those ers and to evaluate the relationship home lodging and meal arrangements quartered employees); and, (2) It conditions that contribute unneces- between these schedules and fatigue. contribute to an environment where intends to examine the relationship sarily to fatigue among BMWE Foster-Miller has recently mailed a fatigue is the norm. This study is between these schedules and the members.” survey form and log book to 845 ran- expected to independently document level of alertness/fatigue of individuals BMWE will publish a summary of domly selected BMWE members what many BMWE members have who work these schedules under vari- the survey results in a future edition nationwide asking them to fill out the know for years: Job-related fatigue is ous conditions. of the Journal once the study is com- survey and keep a work/sleep diary an issue within the maintenance of FRA has recently conducted similar pleted.

Retirement Annuity Estimates and Applications for Unemployment Benefits Available Online he U.S. Railroad Retirement For annuity estimates, employees for unemployment benefits, using the Board’s field offices are available to TBoard has announced that rail- will access a “ Retirement Planner” Internet application, the Board will mail answer in-person, telephone, and road employees can now get esti- which will provide employee and biweekly claim forms to the employee written inquiries. mates of their future annuities and spouse estimates for employees who for completion. Although employees will Most Board offices are open to the applications for unemployment bene- have not yet retired under the not be able to file their biweekly claims public from 9:00 a.m. to 3:30 p.m., fits over the Internet. Railroad Retirement Act. The esti- over the Internet, the Board is planning Monday through Friday, except on Employees can access these new mates will be based on the service to add this service and other online Federal holidays. Addresses and services by visiting the Board’s Web and earnings records maintained by services in the future. phone numbers for all Board offices site at www.rrb.gov and clicking on the Board and will show the earliest These new services are part of the are available by calling the toll-free “MainLine Services” for directions on date the employee can receive a full Board’s plan to implement compre- RRB Help Line at 1-800-808-0772. establishing an RRB Internet Service annuity and, if applicable, the earliest hensive Internet services that will The RRB Help Line is an automated account. Once employees establish date he or she can receive a reduced expand access to information and telephone service available 24 hours their on line accounts, they will be annuity. Only railroad employees are allow the railroad public to conduct its a day, 7 days a week. Board office able to get annuity estimates for al1owed to access Retirement business with the agency online. For locations and phone numbers can themselves and their spouses, apply Planner; but employees can also use those who choose not to conduct also be found on the Board’s Web for unemployment benefits and con- the Retirement Planner to get annuity business over the Internet, the site, www.rrb.gov . duct other business with the Board estimates for their spouses. In addi- over the Internet. However, to ensure tion, employees can view and print security, employees must first go a summary of their current record Lost Dues Receipts Voided online to get a Password Request of railroad retirement service Code, which they win receive by months, compensation, and social The following Official Dues Receipts have been lost: mail in about 7 to 10 days. Em- security wages. By adding service ployees are encouraged to establish months, compensation, and wages H-0898203 through H-0898225; and C-1124183 online accounts so the account is in future years, they can also obtain These OFFICIAL DUES RECEIPTS were lost in the vicinity of DOU- ready whenever they need to use this an estimate based on projected GLAS, WYOMING; and WENATCHEE, WASHINGTON respectively. or other Internet services. Em- earnings. These receipts are hereby declared “VOID” and all members are cau- ployees who have already established For unemployment benefits, employ- tioned not to accept any as receipts. If you should learn of any person try- online accounts do not need to do so ees will be able to file an Internet ing to sell or use these receipts, please furnish the name and address of again. application. After an employee files this person to the Grand Lodge Secretary-Treasurer. B M W E JOURNAL CONTENTS

JULY/AUGUST 2004 BMWE JOURNAL VOLUME 113 NUMBER 4 The BMWE Journal is the official news publication of the Brotherhood of Maintenance of Way Employes An International Union affiliated with the AFL-CIO and CLC

Freddie N. Simpson Perry K. Geller, Sr. Kent C. Turner President and Editor Secretary-Treasurer Director of Communications/Associate Editor Too much is at stake Nov, 2... The BMWE Journal (ISSN 1049-3921 /USPS 067640) is published bi-monthly-6 times annually at 20300 Civic Center Drive, Suite 320, Southfield, Michigan 48076-4169. Periodicals postage paid at Southfield, Michigan and YOUR VOTE ON NOV. 2 will determine whether working families have good jobs, additional mailing offices. affordable health care, education, workplace rights, job safely, civil rights, retirement ATTENTION POSTMASTER: security and more. Send address changes to BMWE, 20300 Civic Center Drive, Suite 320, Southfield, Michigan 48076-4169. Subscription Price: U.S. and Canada—$20.00 (U.S.) per year, in advance. ...To let them steal the election again. DELIBERATE VOTING RIGHTS violations in Florida and around the country in 2000 www.bmwe.org stole the votes from thousands of working families, people of color, retirees, persons with disabilities, new citizen voters and the poor. Lets make sure it doesn’t happen BMWE/Teamster Merger Benefit Rate Increase for Railroad again in 2004. Discussions On Track 1 Unemployment and Sickness Benefits 3 Act now to protect your vote. Funding Approved for TAKE A FEW SIMPLE STEPS now to make sure your vote is safe, secure and counted Maintenance of Way Fatigue President’s Perspective 4 on Nov. 2: Study 1 Secretary-Treasurer’s Report 5 Roll of Honor 6 Contact your local election office to check that you are registered to vote and find Retirement Annuity Estimates out where you should vote. Register immediately if you are not. It's easy to register and Applications for Death Benefits 6 online at www.myvotemyright.com or bmwe.org, where you also can request an Unemployment Benefits BMWE Legislative Issues Ð absentee ballot. Available Online 2 108th Congress 8 If you do not receive a registration card within three weeks of registering, call Lost Dues Receipts Voided 2 the election office to see if there is a problem. If there is, follow instructions to My Vote My Right 2 correct the problem or reregister. RRB Issuing Statements It is particularly important to check your registration or reregister if you have of Service 3 moved, changed your name or have not voted in recent elections.

A Call Home 3 Find out whether you can vote early if early voting is allowed in your community—do it.

Check with your local election office about any new voting procedures or ID requirements and opportunities to practice using voting machines.

For more information, contact your local or national union or the AFL-CIO Civil, Human and Women’s Rights Department, 815 16th St., N.W., Washington/ DC 20006 (e-mail: voting [email protected]). © BMWE 2004 All rights reserved.

2 BMWE JOURNAL RRB Issuing Statements of Service ach year, the U.S. Railroad service months deemed by the Board. and above tier I social security equiva- (generally cases where the employee’s ERetirement Board prepares a Deemed service months may be credit- lent payroll taxes. While the Board surname has more than 10 letters and “Certificate of Service Months and ed under certain conditions for an does not collect or maintain payroll tax the form shows only the first 10 letters) Compensation” (Form BA-6) for every employee who did not work in all 12 information, the Board computes this or the address is not correct, the railroad employee who received cred- months of the year, but had creditable amount from its compensation records employee should contact the nearest itable railroad compensation in the pre- tier II earnings exceeding monthly pro- in order to advise retired employees of Board field office. The field office can vious calendar year. These forms were rations of the creditable tier II earnings their payroll tax contributions for then correct the Board’s records. This mailed to employees by the Board dur- maximum for the year. However, the Federal income tax purposes. is important in order to prevent identity ing the first half of June. While the total of reported and deemed service Employees should check their name, or security-related problems that could Board has made every effort to com- months may never exceed 12 in a cal- address, social security number, birth arise if the employee wants to use cer- pile and keep current a file of the endar year; and no service months, date and sex shown at the top of the tain Internet services available on the addresses of all active railroad employ- reported or deemed, can be credited form. In order to protect privacy, only Board’s Web site. Employees can ees, employees for whom compensa- after retirement, severance, resignation, the last four digits of an employee’s request that printouts of their individual tion was reported in 2003, but who discharge, or death. Form BA-6 also social security number are shown. If railroad retirement records of service have not received Form BA-6 by July shows the number of months of verified the employee’s last name shows only months and compensation be mailed 1, or need a replacement, should con- military service creditable as service five letters, his or her birth date shows to them. And a PIN/Password is not tact the nearest Board field office. under the Railroad Retirement Act, if as 99-99, and the sex code shows as required to use this service. This ser- Form BA-6 provides employees with the service was previously reported to U(nknown), the Board is verifying his or vice can be accessed simply by visiting a record of their railroad retirement ser- the Board. Employees are encouraged her social security number with the the Board’s Web site at www.rrb.gov, vice and compensation. While the form to submit proofs of age and/or military Social Security Administration. clicking on “MainLine Services,” and has no cash value, the information service in advance of their actual retire- Otherwise, if the personal identifying selecting the “Request my Service & shown is used to determine whether ment. Filing these proofs with the information is incorrect or incomplete Compensation History” option. an employee qualifies for benefits and Board in advance will streamline the the amount of those benefits. It is benefit application process and prevent important that employees review their payment delays. For employees who Form BA-6 to see whether their own received separation or severance pay- A Call Home records of service months and cred- ments, the form, in the section desig- by H. M. Tummons itable compensation agree with the fig- nated “Taxable Amount,” shows the When my husband, the railroader, walks out the door to go to work, it’s not for eight ures shown on the form. In checking amounts of any separation allowance hours and then home. It’s for at least eight days. the 2003 compensation total, employ- or severance payments that were sub- He drives to work. But his drives are not just across town or an hour away from home. His ees should be aware that only annual ject to railroad retirement tier II taxes. shortest drive, since we have been together has been four hours and the longest has been earnings up to $87,000 were creditable This information is shown on the form approximately, twenty hours. So depending on where he is going is how much earlier he for railroad retirement purposes in that because a lump sum, approximating has to leave. year, and that $87,000 is the maximum part or all of the tier II taxes deducted But let me tell you a little bit about my railroader. He calls me so I don’t worry so much. He calls me while he’s on the road, when he stops for gas. He tells me about the weather amount shown on the form. To assist from such payments made after 1984 and the traffic and how he is doing. He tells me he loves me. employees in reviewing their service which did not provide additional tier II Once he gets to his destination we talk every night. Sometimes not for long and sometimes credits, the form also shows service credits, may be payable by the Board time flies while we talk. credited on a month-by-month basis for upon retirement to qualified employees But he lets me know how his day has gone and what he’s had for dinner. He wants to 2002, 2001 and 2000, when the cred- or to survivors if the employee dies know how my day went and to make sure that I’ve eaten. itable compensation maximums were before retirement. The amount of an Sometimes he calls me on his lunch break, just to tell me he loves me. $84,900, $80,400 and $76,200, allowance included in an employee’s His gang teases him about calling me, but he just tells them that they need to call home respectively. In addition, the form iden- regular compensation is shown under and let their “Sweeties” know that they are alright and to let them know that they are being tifies the rail employers reporting the “Compensation Amount.” Form BA-6 thought of. Being a railroaders wife could be a lonely life, but with a railroader like mine it’s not so employee’s 2003 service and compen- also shows, in the section designated hard and it’s not so lonely. But it’s the life I’ve chosen because of my love for this railroader. sation. Besides the months of service “Employee Contributions,” the cumula- So if you have to be away from the one you love for any reason, call them and tell them reported by rail employers, Form BA-6 tive amount of tier II railroad retirement you miss them or that you are thinking of them. But always tell them you love them! shows the number of any additional payroll taxes paid by the employee over Benefit Rate Increase for Railroad Unemployment and Sickness Benefits he maximum daily benefit rate be required to serve another waiting $2,825 in 2004, not counting earnings ment benefits, the Board will mail Tpayable for claims under the period because of the onset of the new of more than $1,130 a month. biweekly claim forms to the claimant for Railroad Unemployment Insurance Act benefit year. To qualify for normal rail- Application forms for unemployment completion. Although claimants cannot increases to $56 from $55 in the new road unemployment or sickness bene- and sickness benefits may be obtained currently file their biweekly claims over benefit year, which begins July 1, 2004. fits, an employee must have had rail- from railroad employers, railroad labor the Internet, the Board is planning to Benefits are normally paid for the num- road earnings of at least $2,800 in cal- organizations, any Railroad Retirement add this service and other online ser- ber of days of unemployment or sick- endar year 2003, not counting more Board office, or the Board’s Web site at vices in the future. Claimants with ness over four in 14-day registration than $1,120 for any month. Those who www.rrb.gov. As an alternative to ap- questions about unemployment or sick- periods, so maximum benefits for were first employed in the rail industry plying for unemployment benefits ness benefits should contact the near- biweekly claims will total $560. During in 2003 must also have at least five through the mail, unemployment est Board office. Most Board offices are the first 14-day claim period in a benefit months of creditable railroad service in claimants can instead file electronically open to the public from 9:00 a.m. to year, benefits are payable for each day 2003. Under certain conditions, through the Board’s Web site. This ser- 3:30 p.m., Monday through Friday, of unemployment or sickness in excess employees with ten or more years of vice can be accessed by visiting the except on Federal holidays. Claimants of seven, rather than four, which, in service, who do not qualify in the new Board’s Web site and clicking on “Main- can find the address and phone num- effect, provides a one-week waiting benefit year on the basis of their 2003 Line Services” for directions on estab- ber of the Board office serving their period. Initial sickness claims must also earnings, may still be able to receive lishing an RRB Internet Services ac- area, and also get information about begin with four consecutive days of benefits after June 30, 2004. Ten-year count. Employees are encouraged to their claims and benefit payments, by sickness. However, only one waiting employees who received normal bene- initiate an online account while still calling the toll-free RRB Help Line at 1- period is required during any period of fits in the benefit year ending June 30, employed so the account is estab- 800-808-0772. The RRB Help Line is continuing unemployment or sickness, 2004, might still be eligible for extended lished if they ever need to apply for an automated telephone service avail- even if that period continues into a sub- benefits, and ten-year employees may these benefits or use other RRB able 24 hours a day, 7 days a week. sequent benefit year. Claimants already be eligible for accelerated benefits if Internet services. After a claimant files Field office locations can also be found on the rolls will, therefore, normally not they have rail earnings of at least an Internet application for unemploy- on the Board’s Web site, www.rrb.gov.

JULY/AUGUST 2004 3 PERSPECTIVEPRESIDENT’S THE BMWE IN CANADA History in the Making he BMWE in Canada is at a historic crossroad. On June 8, 2004, the TCanada Industrial Relations Board (CIRB) certified the Teamsters Canada Rail Conference (TCRC) - Maintenance of Way Employees Division as the representative of maintenance of way employees on the Canadian Pacific Freddie N. Simpson Railway. Under Canadian law, the CIRB is vested with the authority to render decisions regarding union representation and jurisdiction. This authority is simi- During the summer of 2003, the Canadian Auto Workers (CAW) seized upon lar to the authority vested in the National Labor Relations Board (NLRB) and the the “CCC Executives” expressed desire to separate from the BMWE by com- National Mediation Board (NMB) to render decisions regarding union representa- mencing a card signing campaign (raid) against the BMWE in Canada. The tion and jurisdiction in the United States. United Steelworkers of America (USWA), not to be outdone by the CAW, wrote a The certification of the TCRC-Maintenance of Way Employees Division culmi- letter to the System Federation General Chairmen in Canada stating, in part, nates a long cooperative joint effort by BMWE and IBT to unite the BMWE mem- “the USWA in Canada will not sit by as another Organization organizes BMWE bers in Canada with the members of other rail unions within the TCRC, including workers in Canada.” The USWA then commenced their own card signing cam- the Brotherhood of Locomotive Engineers, the operating employees formerly paign (raid) against the BMWE in Canada. The raids were strongly protested represented by the United Transportation Union, and the Railway Traffic by the Canadian Vice Presidents and the BMWE Grand Lodge President. The Controllers (Canadian Train Dispatchers). CAW raid petered-out. The USWA refused to stop its raids. And, the Canadian I feel an obligation as Acting President of BMWE to explain to you the circum- Labour Congress, the equivalent of the AFL-CIO in Canada, failed to enforce its stances which led to the current situation in Canada. And I also want to share own anti-raiding provisions. This total disregard for the jurisdictional and repre- with you my vision of a future where U.S. and Canadian maintenance of way sentational rights of BMWE by the CLC opened up the door for other unions to workers are once again united together for the common good of our members in raid BMWE in Canada as well. both countries. Even though a host of building trade unions in Canada elect their Canadian In order to fully comprehend the issues surrounding the Canadian move officers at-large through their international conventions, the CLC refused to allow towards separation from BMWE, one needs to gain an appreciation for the intri- the same accommodation to BMWE. Indeed, CLC’s Chairman Ken Georgetti (a cacies of Canadian labor law, and what has transpired internally within the Steelworker!) Refused to act on BMWE’s complaint against the USWA raid. BMWE over the past two years since Convention. During this same relative time period, Grand Lodge was following its Under the Grand Lodge Constitution, the BMWE is made up of six “Regions” Convention mandate by conducting exploratory merger discussions with several consisting of the Northeast, Southeast, Northwest, Southwest, Western, and unions including, but not limited to, the Steelworkers, the Operating Engineers, Canada. The Grand Lodge Vice Presidents and Executive Board members are and the Teamsters. As a result of these exploratory meetings, and after full con- nominated from their respective regions. At the 2002 Grand Lodge Convention, sideration and deliberation, the Grand Lodge Officers voted unanimously on a majority of the more than 500 BMWE Local Lodge Delegates from the U.S. behalf of our U.S. and Canadian membership to commence formal merger dis- and Canada, all of whom were elected through secret ballot by the membership cussions with the International Brotherhood of Teamsters (IBT). of each Local Lodge, voted to return to “at-large” elections for Grand Lodge Vice Both myself and IBT General President James Hoffa wrote letters to President and Executive Board positions, the system that prevailed until 1982. Steelworker President Leo Gerard advising him of the merger negotiations In “at-large” elections, every Local Lodge Delegate votes for every Grand Lodge between BMWE and IBT. I repeatedly asked USWA President Gerard to respect Officer position regardless of the candidate’s regional designation. This is in our union’s sovereign decision to negotiate a merger agreement between BMWE contrast to the previous system of “regional elections” where Local Lodge and IBT for our U.S. and Canadian membership. I also requested, in the Delegates were only allowed to vote for the Vice President and Executive Board strongest possible terms, that USWA immediately cease and desist their raid member from his or her “region.” against BMWE in Canada. The Steelworkers, however, encouraged and sup- You may ask, “why did the Delegates to Convention vote to change from ported by certain BMWE System Officers in Canada, refused repeated requests regional to at-large elections for Grand Lodge Officers?” A majority of Local to cease and desist their raid against BMWE. In light of USWA’s refusal, and in Lodge Delegates to the 2002 BMWE Convention obviously believed that “at- an attempt to protect the rights of BMWE members in Canada, I authorized a large”elections were fairer, more representative, and more democratic than joint BMWE/Teamsters card signing campaign in order to give our Canadian “regional” elections. After all, the Grand Lodge Vice Presidents and Executive membership a choice, through procedures of the CIRB, regarding which union Board members are vested with broad authority under the BMWE Constitution they wanted as their representative. and Bylaws to make decisions affecting every single member of the BMWE in A little over four months after I authorized this joint campaign, in a groundswell both the U.S. and Canada. Therefore, the Local Lodge Delegates acted to of support, more than 75% of the membership at CP Rail voluntarily signed assure their Lodge’s ability to vote for, and hold accountable, every Grand Teamsters cards. Those cards were submitted to the CIRB for certification. The Lodge Officer whose decision affects the membership of each Local. choice of BMWE members on CP rail to join the Teamsters Canada Rail At the time of the 2002 Grand Lodge Convention there were three BMWE Conference-Maintenance of Way Employees Division was certified by the CIRB System Federations in Canada. Less than three weeks after the close of on June 8, 2003. The CIRB will soon resolve a similar representation issue on Convention, the two System Federation General Chairmen of the Canadian the Canadian National Railway. Under Canadian Labor Law, the CIRB can certi- System Federation and the Eastern System Federation, respectively, signed a fy a union based upon an overwhelming majority of signed cards, or by conduct- letter, as “Executives” of the Central Committee for Canada (CCC), to the Grand ing and supervising a run-off vote where no clear majority is determined in the Lodge President expressing a strong desire to separate from the BMWE. The card count. closing paragraph of that letter stated, in part, “In view of the forgoing, we are Our former CP Rail members are now Teamsters. As this edition of the attaching our plan in accordance with the Canadian Resolution . . .” As informa- Journal goes to press, we are awaiting the imminent decision of the CIRB tion, the “Canadian Resolution” provides a procedure for Canadian separation regarding the Board’s determination resolving the representation issue on the from the BMWE. The “plan”referenced in the signed letter to the BMWE Canadian National Railway (CN). By all accounts, BMWE members on the President detailed the creation and structure of a new Canadian union with no Canadian National will soon be certified as Teamsters, Steelworkers, or possibly ties to the BMWE in the U.S. See PRESIDENT Page 7

4 BMWE JOURNAL

when, on June 8, 2004 (the very day and attorney fees/expenses of the SECRETARY- the election was scheduled), the lawsuit they filed against the Bro- CIRB certified the Teamsters Canada therhood. Essentially, their lawsuit Rail Conference as the new represen- sought to require that our members’ TREASURER’S tative of maintenance of way employ- dues paid to Grand Lodge be used to ees at CP Rail. pay the costs and compensatory Upon such determination by the damages of their reckless lawsuit. Board, the General Chairmen of the Thankfully, none of these remedies Pennsylvania Federation and Eastern were ordered by the Court. Rather, the REPORT System Federation, jointly filed suit in Court ordered a postponement of the U.S. District Court seeking a “prelimi- election originally scheduled for June nary and permanent injunction” 8, 2004 to give the appropriate Cana- against the BMWE. This lawsuit by dian authorities (e.g., the CIRB) an Lawsuit postpones election of Grand Lodge President two former Grand Lodge Officers opportunity to resolve the representa- sought a court order to declare that tion issues involving maintenance of s reported in the last edition of the BMWE Journal, the System Federation General way employees in Canada. Unfortu- Aformer BMWE President Mac A. Fleming retired, Chairmen in Canada were eligible to nately, however, it may well be that the vote in the special election for BMWE membership of the Pennsylvania Fed- effective April 14, 2004, after an extended medical leave. President. The lawsuit also sought eration and the Eastern System Fed- bers at Canadian Pacific Railway (CP) compensatory damages against the eration end up saddled with the ex- to join the Teamsters Canada Rail BMWE union, and sought BMWE penses associated with their General Conference-Brotherhood of Grand Lodge payment for the cost See SECRETARY Page 7 Maintenance of Way Employees Division has been certified by the Canadian Industrial Relations Board LOCAL LODGE SECRETARY-TREASURERS (CIRB). A similar certification or order to resolve virtually identical represen- ARE AWARDED SERVICE PINS tational issues on the Canadian The following Brothers have been awarded Service Pins in recognition of their National Railway (CN) was imminent dedicated service as Secretary-Treasurer of their respective local lodges: as this edition of the Journal went to 10 YEAR SERVICE PINS press. We can debate how and/or why this has happened in Canada, NAME OF SECRETARY NAME OF LODGE NO OF LODGE but the bottom line is that Canadian Curtis L. Martin Hinton 0130 maintenance of way employees have Ken E. Abeyta Denver 0014 made their choice on the CP, and the William H. Speer, Jr. Wahlen City 0090 CIRB will soon certify the member- James D. Tortorelli Fisher Peak 0204 ship’s choice at CN as well. Larry J. Cottrell Klamath Falls 0236 Because of the situation involving David L. Bowman Wabash Peru 0287 Canadian separation from BMWE, Tim Boehm Mandan 0306 many rank-and-file members and offi- David R. Scoville Colfax 0325 cers of the BMWE in the U.S. ques- Robert Steele Greenfield 0347 tioned the eligibility of the Canadian Michael Mayo Herington 0376 Perry K. Geller, Sr. Ronald A. Randolph Boone 0437 System Federations to vote for Matthew Tollison Hickory 0525 President in the special election origi- Everett W. Harless, Jr. Pulaski 0568 Immediately following Brother nally scheduled for June 8, 2004. Carlen R. Rodewald Fort Dodge 0626 Fleming’s announcement, Acting Many U.S. members argued that the Carter L. Wilson Liberty 0665 President Freddie Simpson ordered a Canadian System Federations should Eddie G. Gorham Advance 0686 special election to fill the remaining not be allowed to vote in a special Michael D. Letcher Great Falls 0735 unexpired term for President in accor- election for Grand Lodge President Barry S. Stepp Cincinnati 0885 dance with Article I, Section 7(b) of inasmuch as the Canadian System Wayne J. Sarapata Norfolf & Portsmouth 0995 the Grand Lodge Constitution and Federations would no longer be affili- Charles W. Hoskins Success 1047 Bylaws. The date for the special elec- ated with the BMWE Grand Lodge in Robert N. Alley Sheridan 1074 Wade E. Fisher M. O. Lodge 1175 tion was set for June 8, 2004. the United States. Roy J. Storkson Wilson 1189 However, a lawsuit filed by two former In light of such eligibility questions, Michael E. Hanks Jefferson 1252 Grand Lodge Officers resulted in the and in view of the CIRB’s imminent Steven L. Selfors Minot 1326 U.S. District Court ordering a post- decision to certify a union other than Robert K. Hamel Buffalo 1334 ponement of the special election until BMWE in Canada, Acting President David C. Stanger Ogden 1348 at least September 8, 2004. Simpson brought the U.S. member- Steve Wagner Liberty 1377 Article I Section 7(b) of the BMWE ship’s concerns regarding the Danny R. Hill Pulask 1427 Constitution and Bylaws states, in part, Canadian eligibility question before Fermin E. Quintana Subordinate 1501 “In the event of a vacancy in the office the Grand Lodge Executive Board for Ken Kots WM J. Biros Memorial 1514 of President or Secretary-Treasurer, discussion and deliberation. After a John W. Reynolds Burlington 1533 John E. Miller Nineveh 1632 the President or Secretary-Treasurer full review of the facts, and after Jack R. Clarkston Roachdale 1649 shall immediately set a date for a extensive debate on the merits, a Timothy Watts Jackson 1745 special election and promptly give determination was reached that the Thomas J. Hede Tamaqua 1923 notice thereof to all Grand Lodge Canadian System Federations were Dennis L. Wall Lincoln 1980 Officers and System Division and ineligible to vote in the special elec- Tim L. Funk Freemans 2415 Federation General Chairmen, who tion due to the fact that they would no Joseph Gagnon Lovell Lake 2820 shall be the duly qualified electors to longer be affiliated with the BMWE Charles L. Scholes Effingham, IL 2834 fill such vacancy for the remaining term Grand Lodge. The decision to exclude W. H. Whitaker Grand Junction 2838 of office and shall cast their votes in the System Federation General Leroy G. Paulson Black Hills 2852 accordance with the provisions of Chairmen in Canada from voting was Robert D. Boncouri South Pekin Local 2854 Dennis P. Rill 3016 Article XXII, Section 14.... The election made to protect the right of self-deter- 20 YEAR SERVICE PINS must be held not more than sixty (60) mination of BMWE members in the days from the date the vacancy U.S. to elect, through their System NAME OF SECRETARY NAME OF LODGE NO OF LODGE occurs, or the date it becomes known Federation/Division General that a vacancy will exist....” Chairman, their choice of President of Colin F. Johnson Terminal 0799 Bernard M. Shannon, Jr Hub City Lodge 1935 As reported elsewhere in this the BMWE. This decision by the Michael G. Vodhanel 3007 Journal, the choice of BMWE mem- Board proved sound and correct

JULY/AUGUST 2004 5

James E. Brown C&NW 1097 1973 Joseph N. Blowey CRSF 0201 1972 David E. Fotos CRSF 0201 1989 Donald J. Cheever Jr CRSF 0201 1972 Willie R. Brooks FRISCO 1600 1982 David Garrity CRSF 0201 1989 Hal R. Choate FRISCO 0493 1972 David H. Christian CRSF 0201 1974 Brian D. Gedicke FRISCO 0493 1993 ROLL OF C. R. Clark FRISCO 0518 1972 Stanley M. Gentry FRISCO 0745 1993 Luis R. Colon Vasquez SP ATL 0376 1981 Charles D. Clark CRSF 0201 1973 Gerald P. Courtney Jr CRSF 0201 1983 Arthur J. Gerrish Sr CRSF 0201 1987 Richard D. Clayton C&NW 1046 1974 Alfrazier Dean FRISCO 2600 1982 Destrey Gibson FRISCO 0355 1992 James R. Connor AEF 0670 1974 Timothy J. Farr Jr SP ATL 0376 1979 Mark F. Gorman CRSF 0201 1988 Daniel E. Considine CRSF 0201 1972 David J. Fitzgerald CRSF 0201 1979 Robert P. Goscinak CRSF 0201 1988 HONOR James K. Copeland FRISCO 0493 1972 Richard Flynn FRISCO 1600 1980 Wade L. Grider FRISCO 0361 1993 James D. Craker FRISCO 0493 1972 Leonard Ford-bey CRSF 2627 1976 Gary A. Griggs FRISCO 0493 1992 Larry L. Curl SOU 0627 1974 James D. Gibbons FRISCO 0745 1982 Carl W. Hamrick FRISCO 0493 1992 Curtis D. Davis FRISCO 1251 1971 Thomas L. Greenwood FRISCO 1251 1982 David R. Haskins CRSF 0201 1985 James R. Deaton FRISCO 0493 1972 Bradley C. Hamilton BURL 1105 1980 Van E. Helm UN PAC 0918 1993 Ronald R. Dumais CRSF 0201 1972 Brian D. Hirchert BURL 1105 1980 John J. Hickey CRSF 0201 1989 Danny R. Elliott FRISCO 0745 1972 R Tommy Hulsey FRISCO 1600 1982 Michael W. Hill FRISCO 1251 1991 Dominick Fauci C&NW 1046 1974 John J. Hussey CRSF 0201 1979 Tommy D. Howerton FRISCO 0355 1992 Michael J. Flaherty CRSF 0201 1968 Ernest S. Jim UN PAC 0918 1981 Aaron D. Hurst FRISCO 2600 1993 John J. Ford CRSF 0201 1970 James B. Johnson FRISCO 0493 1983 Keith D. Jones FRISCO 0493 1992 Thomas Glenn CRSF 0201 1967 Rodger M. Johnson BURL 1105 1982 Marion E. Jones FRISCO 0493 1991 year Herman T. Goodwin CRSF 0201 1966 George N. Jones FRISCO 2033 1982 Curtis A. Jordan CRSF 0201 1988 Jerry J. Hagan SP ATL 0376 1973 Mark S. Kruse AT&SF 2410 1984 Mark H. Jordan CRSF 0201 1991 60 Freddie L. Hampton FRISCO 2600 1972 John W. Lamons Jr UN PAC 0918 1981 John M. Lentz CRSF 0201 1989 Jerry W. Hankins BURL 1105 1973 Norman E. Long Jr CRSF 0201 1974 Rafe A. Lovelace FRISCO 0493 1992 MERIT AWARDS Joseph L. Hansis CRSF 0201 1970 Bradley Morgan SP ATL 0376 1977 Jesus A. Lujan UN PAC 0918 1990 Everett W. Harless Jr ASF 0568 1971 Robert W. Morris CRSF 0201 1979 William F. Lyons CRSF 0201 1989 LODGE MEMBER John T. Hepperly C&NW 1046 1974 Denis P. O Connell CRSF 0201 1980 Charles N. Mac Lean CRSF 0201 1989 NAME SYSTEM NUMBER SINCE Robert F. Horgan CRSF 0201 1972 Stephen C. O Malley CRSF 0201 1978 John F. Maisey CRSF 0201 1986 William A. Davis FRISCO 0518 1944 Jack L. Huffman BURL 1105 1972 Peter Popczuk CRSF 0201 1989 M. D. Makinen UN PAC 0918 1991 James W. Dyal FRISCO 0493 1944 Robert W. Jackson BURL 1105 1972 Joseph L. Powers CRSF 0201 1978 Dennis S. Mann FRISCO 0493 1993 W. L. Evans FRISCO 0493 1943 Robert L. Jensen BURL 1105 1974 Michael A. Rivera AT&SF 2418 1984 Michael K. Marshall FRISCO 0493 1993 Walker W. Hance FRISCO 0493 1944 Bill W. Johnson AEF 0670 1974 Paul G. Robertson CRSF 0201 1976 Donald F. Martinez UN PAC 0918 1992 Allen J. Merrill CRSF 0201 1942 Bruce W. Johnson CRSF 0201 1973 Richard C. Ryder CRSF 0201 1980 Jim W. Mc Bee UN PAC 0918 1992 William A. Morgan FRISCO 2600 1944 L. D. Keifer BURL 1105 1972 Pablo Sanchez UN PAC 0918 1981 Bernie G. Mc Bryde SP ATL 0376 1992 James A. Pringle UN PAC 0918 1936 James D. Kelsey FRISCO 1251 1972 Robert P. Schultz FRISCO 0745 1982 Douglas F. Mc Clellan CRSF 0201 1990 John R. Smith FRISCO 1251 1943 Kenneth J. Kendall BURL 1105 1973 Gary R. Stall BURL 1105 1980 James L. Mc Cord CRSF 0201 1984 Alfrod G. Taylor FRISCO 1547 1944 Michael W. Kendall BURL 1105 1972 Brian E. Sullivan CRSF 0201 1977 Douglas A. Mckay CRSF 0201 1989 Dennis L. Keraghan CRSF 0201 1970 Jim E. Watson UN PAC 0918 1981 Michael J. Meurling CRSF 0201 1989 Russell A. Larimer BURL 1105 1970 G. E. Welker FRISCO 0745 1982 Gregg R. Moister CRSF 0201 1989 Henry Lee UN PAC 0918 1967 Derek T. Wood CRSF 0201 1975 Kenneth R. Monden FRISCO 0361 1993 Paul F. Liebfried CRSF 0201 1971 Richard L. Monroe FRISCO 0745 1993 Raymond H. Lobato UN PAC 0918 1971 Paul R. Morris FRISCO 0518 1992 Jimmy E. Loftis FRISCO 0493 1972 Gregory L. Moseley FRISCO 0518 1992 year Perry G. Logan C&NW 1046 1974 Dave N. Mullaney CRSF 0201 1987 Robert L. Lucas FRISCO 1600 1971 Joseph J. Murphy CRSF 0201 1987 Thomas R. Mangiafico CRSF 0201 1972 Scott P. Murphy CRSF 0201 1989 50 Jose G. Martinez UN PAC 0918 1968 year Joe M. Neves CRSF 0201 1989 MERIT AWARDS Jose G. Martinez UN PAC 0918 1968 Robert T. O Brien CRSF 0201 1985 Trinidad P. Martinez UN PAC 0918 1966 10 Gerald D. Olson FRISCO 0745 1992 Luther A. Massey Jr FRISCO 2033 1972 Larry M. Owens FRISCO 0493 1992 LODGE MEMBER MERIT AWARDS NAME SYSTEM NUMBER SINCE David Mc Afee FRISCO 0493 1972 Tony L. Owens FRISCO 0493 1992 Timothy J. Mc Carthy III CRSF 0201 1972 John P. Perrin CRSF 0201 1987 Eleroy C. Ayers BURL 1105 1950 LODGE MEMBER John E. Belfur FRISCO 1600 1952 Tim A. Mc Cluskey BURL 1105 1971 Philip S. Perusse FRISCO 0355 1992 Dean A. Mc Donald FRISCO 0518 1972 NAME SYSTEM NUMBER SINCE Frank L. Ponzer FRISCO 0493 1992 Thomas P. Carter FRISCO 1251 1948 Dirrick R. Adams FRISCO 0745 1994 Andrew Felix C&NW 1071 1944 Thomas J. Mc Kinnon Jr CRSF 0201 1972 Jeffrey L. Pyle FRISCO 0493 1993 Paul D. Mc Lain C&NW 1125 1974 Alvin W. Andres Jr SP ATL 0376 1984 Clifford M. Rees FRISCO 2600 1993 J. D. Frazee ICGF 0654 1953 Kenny R. Avery FRISCO 1600 1992 Samuel T. Gibson FRISCO 0518 1952 Sammie G. Metcalf FRISCO 0355 1972 John P. Roberts UN PAC 0918 1993 Ernest H. Millette CRSF 0201 1969 Mark T. Benecke FRISCO 0493 1992 Matthew L. Savor UN PAC 0918 1992 Elmer D. Gray FRISCO 0493 1948 Dana E. Bertini CRSF 0201 1989 Cecil Lape FRISCO 0745 1948 Cornelio Montoya Jr UN PAC 0918 1966 Chester A. Saylors FRISCO 0355 1993 Gary R. Neman BURL 1105 1971 Allen R. Birchfield FRISCO 0361 1992 Robert Shanley CRSF 0201 1988 Vivian Montoya UN PAC 0918 1953 Andrew J. Black CRSF 0201 1985 Cornelio S. Montoya Sr UN PAC 0918 1952 Cornelius P. O Leary CRSF 0201 1973 Robert Shaponick CRSF 0201 1987 Eddie J. Ousley FRISCO 2600 1972 Phillip T. Blair UN PAC 0918 1992 James M. Simpson FRISCO 0493 1992 Francisco M. Perez C&NW 0342 1944 Henry M. Blais CRSF 0201 1988 Mark C. Plumb FRISCO 0493 1952 John J. Pattelena CRSF 0201 1972 Jeffrey L. Smith FRISCO 1251 1992 Donald H. Pearce BURL 1105 1970 Justin D. Boyd FRISCO 0518 1992 Berlin St John III FRISCO 0493 1992 Marion M. Spackman UN PAC 0918 1951 Thomas E. Brabec BURL 1105 1992 Frank S. Stopyra CRSF 0201 1952 Ronald E. Pelletier CRSF 0201 1973 Samuel P. Starks FRISCO 0493 1994 Jose F. Pereira CRSF 0201 1971 Jeff S. Buelt BURL 1105 1992 Gregory A. Sumner FRISCO 1251 1992 James T. Thomas FRISCO 1547 1948 Robert A. Calhoun CRSF 0201 1990 Harold G. Vickery FRISCO 1600 1947 William A. Perry CRSF 0201 1970 Lance D. Sumner FRISCO 1251 1992 J. W. Philippi BURL 1105 1970 David A. Carpenter FRISCO 0493 1992 Paul L. Sylvester CRSF 0201 1992 D. R. Phillips FRISCO 0493 1972 Donnie R. Carter FRISCO 1600 1993 Richard D. Thomas CRSF 0201 1990 Jose M. Pinto CRSF 0201 1971 Ryan M. Case UN PAC 0918 1993 N Jeff Thomason FRISCO 0745 1993 C Eddie Pitts FRISCO 0518 1972 Nicholas T. Cibotti Jr CRSF 0201 1990 Robert B. Tribble FRISCO 1600 1993 Terry W. Prough C&NW 0342 1974 Richard C. Conlon Jr CRSF 0201 1988 Jerry D. Truitt FRISCO 2600 1993 Darrell R. Rasdall UN PAC 0918 1971 Gordon M. Corbett UN PAC 0918 1992 Derek C. Vance FRISCO 2600 1993 year William P. Rice CRSF 0201 1972 Jackie D. Couey FRISCO 1547 1992 John A. Wadlow Jr FRISCO 0493 1993 Stephen T. Rivers CRSF 0201 1972 David A. Courage CRSF 0201 1990 Robert L. Warden FRISCO 1251 1992 Arturo Romero UN PAC 0918 1973 John M. Cronin CRSF 0201 1985 Kenneth W. Waymire FRISCO 1547 1991 40 Kenneth D. Rose FRISCO 1251 1972 Daniel L. Dail FRISCO 0518 1993 Ronald A. Webb FRISCO 0493 1992 Joseph M. Donovan CRSF 0201 1989 MERIT AWARDS Robert L. Rothermich FRISCO 0493 1972 Keith W. Welker FRISCO 0745 1993 Randy T. Royston FRISCO 0493 1972 Timothy T. Donovan Jr CRSF 0201 1990 Kevin D. Wheeler FRISCO 2033 1993 Wayne K. Russell CRSF 0201 1972 Howard M. Dugger FRISCO 0361 1993 Brent D. Wilson FRISCO 0493 1993 LODGE MEMBER James V. Ferraro CRSF 0201 1992 NAME SYSTEM NUMBER SINCE Michael P. Sherer C&NW 1788 1974 Leonard W. Zorzonello CRSF 0201 1989 Jose I. Silveira CRSF 0201 1970 Vincete C. Aguilar C&NW 2853 1964 Dale L. Squibb UN PAC 0918 1973 Martin L. Hayes FRISCO 0518 1962 Ed R. Sundquist UN PAC 0918 1972 Maurice L. Sheldahl C&NW 1935 1954 David D. Tanner UN PAC 0918 1972 Harold G. Wood FRISCO 0355 1962 Donald G. Taylor FRISCO 1600 1972 Raymond A. Thomas FRISCO 0493 1972 DEATH BENEFITS Wayne D. Timmerman BURL 1105 1973 Robert T. Trujillo UN PAC 0918 1967 Terry E. Turner FRISCO 0493 1972 William D. Turner FRISCO 1600 1972 Jerry A. Underwood FRISCO 0518 1972 year John S. Volker BURL 1105 1971 Report of Claims Paid during May/June, 2004 Gene F. Waage BURL 1105 1973 30 Ray A. Wagstaff UN PAC 0918 1971 NAME LODGE NUMBER SYSTEM NAME LODGE NUMBER SYSTEM Boyd L. Warner UN PAC 0918 1973 FRED WURPEL JR. 3014 PENN DENTON S. PHILMAN 0540 SEAB MERIT AWARDS John L. Webb FRISCO 0493 1972 HERIBERTO O. CANTU 1021 MO PAC TIO C. PACHECO 0158 BURNOR John F. Williams UN PAC 0918 1973 RAYMOND D. PERRY 1393 ICGF JAMES H. LUTZ 1074 BURL LODGE MEMBER James E. Wilson C&NW 1046 1974 FRANK MOSES 0655 ICGF FRED GIVENS 3014 PENN NAME SYSTEM NUMBER SINCE Lonnie G. Wooten FRISCO 1547 1972 STANLEY SHESKY 1904 CRSF ROBERT C. GRIFFITH 1957 CRSF Dennis R. Albers AEF 1162 1972 Nicholas L. Yochum BURL 1105 1971 HERMAN F. MC CULLOM 2401 AT&SF CLAIR O. WILMOT 1159 N E Larry V. Allen FRISCO 1547 1972 KENDALL H. GREEN 0922 PACFED VICTOR RIZZONELLI 0190 CSF Anton J. Andersen BURL 1105 1973 JAMES R. JACKSON 1193 MO PAC GEORGES THIBAULT 0975 BMWE E Charles W. Angel FRISCO 0745 1972 WYONIDAS WELLMAN 1464 ASF AMEDEE A. LEBLANC 0110 BMWE E James M. Angel FRISCO 0745 1972 Mark Applegate SP ATL 0376 1973 LESTER L. HEUSTIS 0041 C&EI BRUNO TREMBLAY 0327 CSF Charles M. Artz III CRSF 0201 1968 RICHARD C. CHAMPAGNE 0987 CRSF LEONARD A. BOLAND 0026 BMWE E Dennis Barsamian CRSF 0201 1969 year LAWRENCE SCARPERROTTA 0305 CRSF MURRAY H. ADAMS 2697 WSF Kenneth D. Bergeron CRSF 0201 1971 CICILIO ROCHA 0410 C&NW AUGUST SHULIST 0093 BMWE E Manuel Bettencourt CRSF 0201 1970 HUBERT G. TAYLOR 0075 AEF JOSEPH E. MORIN 0290 BMWE E 20 FRANK LEE 2067 SEAB R. M. Black III FRISCO 2033 1972 Mike L. Bonacci BURL 1105 1973 MERIT AWARDS ROBERT M. WELBORN 2404 AT&SF Thomas J. Bonner FRISCO 1600 1972 JOHN RASILE 1657 CRSF PAID MAY 1, 2004 TO JUNE 30, 2004 $ 17,000.00 David H. Booth UN PAC 0918 1972 LODGE MEMBER TONY PIRAINO 2401 AT&SF AMOUNT PREVIOUSLY PAID $44,864,307.75 Roger R. Boudreault CRSF 0201 1971 NAME SYSTEM NUMBER SINCE ROBERT E. MORRISON 0682 AEF TOTAL AMOUNT PAID TO DATE $44,881,307.75 L. F. Box FRISCO 1600 1972 Ed E. Blackburn FRISCO 0493 1978 WALTER W. WECKWERTH 0961 BURL NUMBER OF CLAIMS PAID - 34

6 BMWE JOURNAL

BMWE Legislative Issues – 108th Congress BMWE/Teamster Merger Discussions On Track Continued from Page 8 Continued from Page 1 will be given background checks similar months after enactment, to separate advance of finalizing a merger agree- every System Federation/Division will to those given to U.S. drivers; require Amtrak into two entities: (1) the Nation- ment with IBT. IBT and BMWE retain its authority to amend their carriers to retain shipping papers for al Railroad Passenger Corporation recently held a joint 2-day training Bylaws and structure as currently longer periods of time; and increase (NRPC) to provide overall supervision session on the National Labor allowed. penalties for those who violate federal of the restructuring of intercity passen- Relations Act for BMWE Union Pacific Elections for IBT International hazmat laws. These and other provi- ger rail; and (2) the American Passen- System Division officers and newly office and delegates to the IBT sions in the House and Senate reau- ger Railway Corporation (APRC), which organized BMWE members at Convention will be conducted under thorization bills will enhance the ability would be responsible for conducting Nortrak, a track component manufac- the applicable provisions of the IBT of workers to ensure that hazardous passenger operations, infrastructure turing plant in Cheyenne, WY. BMWE Constitution. BMWE officers and materials are transported in the safest maintenance, and related services. and IBT are also cooperating jointly members will be eligible to run for IBT way possible and, in the unfortunate The bill also creates a Long Distance on matters related to Amtrak, shortlin- International office and as BMWED case of an accident or terrorist attack, Route Restructuring Commission, ing, rail security, job protection, orga- delegates to the IBT International that first responders are properly whose seven members are to be nizing, asbestos tort reform, hazmat Convention. trained to address the problem and appointed by the President without any reauthorization, and a host of other In other merger related news, the ensure public safety. approval by the Senate or input from matters affecting BMWE members Canada Industrial Relations Board In addition, HMTA reauthorization stakeholders, including labor. The bill nationwide. (CIRB) certified the Teamsters must not be used as a vehicle by the also calls for the creation of an inter- Because the draft merger agree- Canada Rail Conference (TCRC) - industry groups to eliminate the state to manage rail operations and rail ment between the BMWE and IBT is Maintenance of Way Division, as the Occupational Safety and Health service (and related activities) on the still a work in progress, it is not possi- representative of maintenance of way Admninistration’s (OSHA) authority to Northeast Corridor (NEC). ble to address specifics in this article. employees on the Canadian Pacific protect hazmat employees. The bill does include some language However, some of the highlights and Railway. The certification, which on collective bargaining and employer goals of the draft merger agreement became effective on June 9, 2004, Amtrak (Reform; Reauthorization), status. Specifically, any entity providing include the preservation of BMWE culminates a long cooperative joint High Speed Rail inter-city passenger rail after the enact- autonomy, coordination of activities effort by BMWE and IBT to unite Senate Commerce Committee ment of this Act will be considered an with the BLE&T and the IBT Rail BMWE members on CP Rail with the Chairman John McCain (R-AZ) intro- employer for purposes of the Railroad Conference, coordination of rail other rail unions in the TCRC, includ- duced Amtrak reform legislation, that Retirement Act and the Railway Labor issues with other unions and the ing the Brotherhood of Locomotive similar to the Administration’s proposal, Act. In addition, a new passenger car- AFL-CIO, no dues increase for Engineers, the United Transportation would dismantle Amtrak, pass costs rier that replaces the services of a cur- BMWE members as a result of the Union, and the Railway Traffic along to the states, and insist that cer- rent carrier, is required to enter into an merger, increase BMWE collective Controllers (Canadian Dispatchers). tain services be turned over to the pri- agreement with represented employees bargaining strength and gain the addi- The CIRB is expected to rule on a vate sector or eliminated. that gives those employees priority of tional resources necessary to secure similar application for certification The bill introduced on April 8 would rehiring and establishes rates of pay stronger contracts for BMWE mem- pending before the Board for repre- require the Amtrak Board, within six rules and working conditions. bers, increase organizing and educa- sentation of maintenance of way tion within the BMWE, and provide employees on the Canadian National SECRETARY-TREASURER Continued from Page 5 BMWE with the political and legisla- Railway. In a press release dated tive clout of a 1.4 million member June, 9, 2004, Acting President Chairmen’s lawsuit. It is my humble opinion that the strong union. Simpson stated, “Today I congratulate By order of the United States District Court’s decision appropriately recog- Under the draft merger agreement, the maintenance of way employees Court for the Eastern District of nizes Canada’s right to self-determina- BMWE’s autonomy is preserved. on the Canadian Pacific Railway. At Michigan, the Honorable Judge Gerald tion and the sovereign authority of the BMWE will continue to elect its own long last, the Canada Industrial E. Rosen directed the parties’ counsel CIRB to resolve the issues involving Grand Lodge Officers, System Relations Board has acknowledged to draft an Order that postpones the representation of maintenance of way Federation/Division Officers, and their choice of the Teamsters as their election to fill the unexpired term of the employees in Canada. And the Court BMWE Convention Delegates from collective bargaining representative. BMWE Grand Lodge President until at has also appropriately recognized the among the ranks of the BMWE. Only And now, it is time for the CIRB to least September 8, 2004. This post- U.S. membership’s right to self-determi- BMWE members will be eligible to be resolve the representation issue on ponement of the election by the Court nation, including the right to elect their nominated and elected to BMWE the Canadian National as well. I am was expressly ordered to allow the BMWE President. It is unfortunate, office, including delegates to BMWE optimistic that if all goes well, the Canadian Industrial Relations Board however, that the legal posturing of two Conventions. The BMWE Division will maintenance of way employees of our (CIRB) additional time to resolve the former Grand Lodge Officers has continue to hold its Convention every two countries will soon be united representation issues in Canada. Since resulted in the postponement of the 4 years as currently provided in the under the banner of the International the Judge’s order, issued in May 2004, election and has prevented, at least Grand Lodge Constitution and Brotherhood of Teamsters.” the CIRB has certified the Teamsters temporarily, the qualified BMWE elec- Bylaws. In addition, the BMWE struc- Responding to questions regarding Canada Rail Conference-Brotherhood tors from carrying out their responsibili- ture of autonomous System a merger ratification vote in the of Maintenance of Way Employees ty to fill the unexpired term of President Federations/Divisions and Local United States, Acting President Division as the representative of CP in accordance with the Constitution and Lodges would remain largely unaffect- Simpson stated, “I have every confi- Rail maintenance of way employees in Bylaws of the BMWE. ed by the merger agreement, and dence in the membership of our great Canada. As mentioned above, the union to comprehend what’s at stake, CIRB will soon rule on similar represen- PRESIDENT’S PERSPECTIVE and I am very comfortable in putting tation issues involving the maintenance the fate of our union, and the fate of of way craft on CN. After these issues Continued from Page 4 each and every one of us, in their are resolved in Canada, and such CAW. The decision by the CIRB will Isn’t it high time that Canadian and hands. Every member has a vested results are reported to the Court, an be based upon the wishes of the U.S. railroad workers do the same interest in this merger, and I encour- election to fill the unexpired term of Canadian membership at CN, either thing? While the Canadian and U.S. age every member to actively partici- BMWE President will be scheduled. through a majority certification by the membership have taken different pate and vote when the agreement is The lawsuit filed against your union CIRB or through a run-off election paths to the same goal, I remain put before them in a ballot referen- by the Pennsylvania Federation and the supervised by the CIRB. Regardless, hopeful that all the maintenance of dum. We are all in this together, and Eastern System Federation resulted in just as at CP, the decision of the way employees in our two countries we will be guided by the will of the a postponement of the special election CIRB will be based upon the will soon be united under the banner membership.” for Grand Lodge President. The Court expressed will of the CN membership of the International Brotherhood of Additional updates regarding the did not find fault with the Executive through the exercise of each mem- Teamsters. United together, we will progress of merger discussions Board’s determination, nor did the Court bers’ sovereign right of freedom of be best positioned to take on the between BMWE and IBT will be pro- impose an injunction against Grand association and self-determination. multi-national railroad conglomerates vided in future editions of the BMWE Lodge or order Grand Lodge to pay The railroads in the U.S. and and protect the rights and standard of Journal, on the BMWE website their attorney fees and expenses as Canada have merged together into living of maintenance of way employ- www.bmwe.org and through other requested by the plaintiffs. larger and more powerful entities. ees throughout North America. means of communication.

JULY/AUGUST 2004 7 BMWE Legislative Issues – 108th Congress MWE’s Department of Government “Carriers must be required to follow DOT-DHS rail transportation security tence on a $256 billion bill would actu- BAffairs in Washington, D.C. is cur- security procedures, employees must plan. It authorizes $1.1 billion to ally mean cuts in real spending for rently working on the following legisla- be trained and afforded whistle-blower improve the safety and security of our Federal highway and transit programs tive issues. You may also track these protections, unregulated remote control rail infrastructure, communications and by almost $3.3 billion by FY 2009 and issues and more at our main website locomotive use must stop, and rail operational systems, and railroad would eliminate more than 150,000 www.bmwe.org (clicking on the yards, facilities and locomotives must employees, including $570 million to good jobs. BMWE Legislative link) or go to be secured .” improve the safety and security of the Senate and House conferrees met www.bmwewash.org for a complete On May 13, Reps. Eleanor Holmes Northeast corridor rail tunnels in New on June 9 and June 23 and approved a legislative update. (D-DC) and Jim Turner (D-TX) intro- York City, and money for upgrades to slate of non- controversial provisions of duced the Safe Transit and Rail the tunnels in Baltimore and the bill. What remains unclear is how Asbestos (FELA) Awareness and Investments for Washington, DC. Also included is the 73 member panel would tackle the At the end of April, after cloture was National Security Act (Safe TRAINS funding for redundant power, communi- No. 1 issue: total funding for the bill. not invoked on S. 2290, the Hatch-Frist Act). It was referred to the cations and train control systems to Transportation Secretary Norman asbestos bill, Senate Leaders Frist (R- Transportation and Infrastructure ensure continued operation in the Mineta sent a letter to the conferees TN) and Dashle (D-SD) asked Judge Committee. event of a catastrophe, and for new reiterating the administration’s opposi- Edward R. Becker, a former federal Rail Labor worked with the Select technologies, such as automated tion to the funding levels in both bills. judge, to mediate negotiations between Committee on Homeland Security to freight car inspection, right-of-way Congress passed a fourth extension defendant companies, insurers and include in the bill training language, security monitoring, and emergency of the current surface transportation organized labor. Judge Becker good whistleblower protections, and bridge repair systems. In addition, law that will keep highway and transit became involved in the issue last sum- adding the unions to a list of groups PREEMPT will provide grants for sta- programs running through July 31. mer at the request of Sen. Arlen that the Department of Homeland tion security, improved public aware- Specter (R-PA). Security is required to consult with. ness programs, additional canine Hazardous Materials Transportation In a press statement, AFL-CIO The Committee did not accept our rec- patrols and other measures to ensure Act (HMTA) Reauthorization President John Sweeney expressed ommendation that would allow for the public and employee safety. Transportation Labor worked with disappointment that after a year of removal from the industry management Rail Labor is reviewing the above staff on the House Transportation & In- intensive efforts the level of funding officials who willfully and dishonestly bills, and will work toward improving frastructure Committee and the Senate which business and insurers were will- harass employees for reporting security them as they make their way through Commerce, Science, and Transporta- ing to support was inadequate to fund concerns. Nor did they accept our the legislative process. tion Committee to craft a bipartisan fair compensation values for victims. request that labor unions be eligible to HMTA reauthorization bill that was TEA Reauthorization Nonetheless, Sweeney said the AFL- receive grant money to train their mem- included in the TEA-21 reauthorization CIO remains committed to seeking fair bers. On May 19, Senate Republican and bills. Some industry groups are urging compensation for asbestos victims. On June 1, Rep. Stephen Lynch (D- Democratic leaders ended their stand- conferees to sever the hazardous It remains unlikely that a bill will get MA) introduced the Rail Transit Safety off, and agreed to allow the six-year materials transportation title from the passed this year, however, if there is and Security Act of 2004 (H.R. 4476) transportation reauthorization bill to go final surface transportation reauthoriza- some progress on a consensus, that that would overhaul training for rail to conference. Minority Leader Dashle tion bill. The Transportation Trades De- would put the bill at the top of the workers, expand safety and communi- (D-SD) and Majority Leader Bill Frist partment (TTD) sent a June 4 letter to agenda for the next Congress. cations systems, and improve emer- (R-TN) agreed that Republicans would conferees stating that we strongly gency preparedness of America’s rail not sign a conference report that did oppose any attempt to sever the HMTA Rail Security networks and personnel. The bill will not reflect the bipartisan consensus title and urge the conferees to include On May 5, Ed Wytkind, President, authorize $640 million for improve- achieved when the Senate passed its a HMTA reauthorization in the final Transportation Trades Department, ments to Amtrak’s Northeast Corridor version of the bill in February. The TEA-21 reauthorization conference AFL-CIO, testified at a hearing on rail- tunnels; $2.5 billion for capital security negotiators will now have to work out report. road security chaired by Jack Quinn assistance grants; $1.35 billion for differences between H.R. 3550 (autho- The letter states that Transportation (R-NY), House Subcommittee on operational security assistance grants; rizes $283 billion) and S. 1072 (autho- labor believes that any HMTA reautho- Railroads, T&I Committee. and 50 million for research and devel- rizes $318 billion). The White House rization legislation Ð as a combination Wytkind stressed the need for a rail opment. The legislation incorporates has said that President Bush would of both House and Senate bills Ð must security bill that benefits from the the findings of the Northeast Rail veto either version because both include increased funding for training insight of front-line workers and gives Security Summit, which was held in exceed the $256 billion he recom- emergency responders and hazmat them the tools they need to help make Boston on April 30, and hosted by mended. employees; guarantee that all workers our rail system as secure as possible. Congressman Lynch. The Democratic Leadership of the who handle hazardous materials be He noted the Administration has done Also in June, Reps. Don Young (R- full House and the Transportation and provided general awareness/ familiar- little to harden the vulnerable rail tar- AK), Jack Quinn (R-NY) and Jon Porter Infrastructure Committee sent a letter ization, safety, and function-specific gets, ensure the training of employees (R-NV) introduced The Protecting dated May 20 to President Bush criti- training; retain existing law to forbid the or provide the level of funding that is so Railroads against Enemy Efforts cizing the inadequate funding provided removal of placards from hazmat ship- desperately needed for training, new through Modernization, Planning and in the Administration’s TEA-21 reautho- ments; ensure that drivers of Mexican technology deployment and infrastruc- Technology Act (PREEMPT). The bill rization. The letter highlights the fact and Canadian domiciled motor carriers ture improvements. He stated, (H.R. 4604) requires a comprehensive that the President’s continued insis- See LEGISLATIVE ISSUES Page 7 Periodicals Postage Brotherhood of Maintenance of Way Employes PAID 20300 Civic Center Drive Southfield, Michigan Suite 320 and additional offices Southfield, Michigan 48076-4169

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