Court Vacates FRA Approval of KCSM Engineers Certification

SEPTEMBER 2020 Volume 34, Issue 6

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Published by the BLET, a division of the Rail Conference, International Brotherhood of Teamsters • ••• SEE PAGE 4 FOR LIST OF BLET-ENDORSED CANDIDATES Election 2020 ••• Court vacates FRA approval of KCSM engineers certification three-judge panel of the Unit- Transportation Workers (“SMART–TD”) searching the administrative record for the transfer of the air brake testing waiver in ed States Court of Appeals to the Agency’s actions in approving the rationale by which the agency allowed place for northbound trains, and inade- for the District of Colum- certification program. [KCSR] to certify the engineers of another quacy of hours-of-service recordkeeping, bia Circuit has vacated Fed- The Court agreed with the unions’ po- railroad, despite the former’s apparent lack finding that there had been no final agen- eral Railroad Administra- sition, holding that FRA “fail[ed] to proof control over [KCSM’s] crew members, we cy action so the Court lacked jurisdiction tion (FRA) approval of the Kansas City vide a reasoned explanation for its approv- come up empty-handed. And in a hunt for to address these objections. In doing so, ASouthern Railway (KCSR) certification pro- al of the materially altered engineer the reason that service under a foreign reg- the Court acknowledged FRA’s “shadowy gram under which locomotive engineers certification program administered by one ulatory system was credited to allow an ab- and unwritten processes make it difficult employed by a contractor of Kansas City of the railroads.” The Court further held breviated certification program, we hear for aggrieved parties to navigate the … ju- Southern de México (“KCSM”) have been that KCSM was under a statutory and reg- only crickets. risdictional constraints.” permitted to operate over Texas Mexican ulatory obligation to have its own engineer “… what we confront in this case is a to- BLET National President Dennis R. Railway (Tex-Mex) tracks in the United certification program, which requirements tal explanatory void. There is no reason— Pierce and SMART–TD President Jeremy States since July 10, 2018. Under the de- FRA failed to enforce, finding that: not one word—in the administrative record R. Ferguson applauded the decision. “We cision, the matter has been remanded to “By virtue of the Railroad Administra- for the Railroad Administration’s material congratulate the Court for exposing just FRA “either to ‘offer a fuller explanation tion’s passive approval system and the com- and consequential decision making on im- how much FRA has become captive to the of the agency’s reasoning at the time of the plete absence of any accompanying expla- portant matters of railroad safety. Not even railroad industry,” the Presidents said. agency action,’ or to ‘deal with the prob- nation for the agency’s approval of [KCSR’s] [KCSR’s] certification program itself, as sub- “This is a significant victory for Tex-Mex lem afresh by taking new agency action.’” modified engineer certification program, mitted to the agency, provides an explana- crewmembers, but is just one skirmish in This ruling followed a challenge by the the administrative record is devoid of any tion for the relevant determinations that the war to preserve well-paying American Brotherhood of Locomotive Engineers explanation or reasoning for the adminis- the Agency presumably reached.” jobs. We also thank all the counsel who and Trainmen (BLET) and the Transpor- trative steps taken and legal determinations However, the Court declined to rule on worked so hard on this case, especially tation Division of the International As- made by the agency in approving the engi- several other objections made by the unions Special Counsel Kathy Krieger for an out- sociation of Sheet Metal, Air, Rail, and neer certification program. Likewise, in that related to conductor certification, standing job.” • ARBITRATOR Happy APPROVES REPLACING AMERICAN CREWS WITH MEXICAN Trails CREWS IN LAREDO three-year contract struggle against actions by Kansas City Southern Railway Com- pany (KCS) and its affiliate Texas Mexican Railway (Tex- Mex) to replace BLET-represented crews Athat shuttled trains between Laredo Yard and the U.S.–Mexico border concluded on August 4th, when a majority of a Special Board of Adjustment (SBA) ruled in the Carriers’ favor. In July 2017, then-BLET General Chair- man C. M. Heise learned of the Carriers’ plans to replace Tex-Mex shuttle crews with CSX TRAIN Q01709 travels near Mentor, Ohio, on June 9, 2020. crews supplied by the Kansas City South- At the throttle is Brother Greg W. Lund, President of BLET ern de México (“KCSM”), another subsid- iary of KCS’s parent corporation, over the Division 421 (Buffalo, N.Y.). This was one of Brother Lund’s 9-mile route between the International last trips before his retirement on June 30, 2020. Brother Lund Bridge and Laredo Yard. When a year’s is now happily retired after 41 years of service. worth of discussion failed to produce a mu- Photo by Adam Vester, a CSX locomotive engineer tually acceptable resolution, the crew re- and member of BLET Division 382 in Buffalo, N.Y. placement was implemented on July 10, Continued on page 3 •

BLET President’s Message Rail bosses tighten the screws Contract ratified Your Union, Your Job, Carriers game RUIA system Members approve new deal Your Vote pg. 2 to the harm of workers pg. 5 with WNY&P pg. 6 Register• for News Flash email alerts at: www.ble-t.org/newsflash Follow us on Facebook: www.facebook.com/BLETNational• 2 WWW.BLE-T.ORG

BLET PRESIDENT’S MESSAGE BY DENNIS R. PIERCE Your Union, Your Job, Your Vote s I prepared to write result of that legal action, they im- ger supporter of Amtrak over the this month’s mes- mediately turned around and past 47 years than Joe Biden. As sage, I took the time once again are acting at the be- I said in 2016, “... that is their right, to review the Presi- hest of the railroads. This latest but there is one thing that we must dent’sA Message that I wrote just NMB attack, all to benefit the Car- all understand before the election ahead of the Presidential Elec- riers and harmful to rail workers, happens. CEOs are generally all tion in 2016. As part of that mes- is also now in the courts. the same. Whether they run large sage, I said the following: Again, regardless of your po- Class I Railroads, or empires like “As I have said time and time litical leanings, it is a true state- Donald Trump’s, their cut of the again, each and every member of ment that these actions by those corporate profits are more when the BLET has the right to vote as appointed by President Trump yours is less. If you don’t like the he or she sees fit. Our right to have come at the expense of hard policies that your CEO has put make personal choices about our working railroad Union mem- upon you in recent years, how can elected officials is one of the ben- bers. Perhaps even more harmful you expect anything but more of efits of living in a democracy, and was President Trump’s first ap- that treatment if you put a clone that right should never be tram- pointment to the U.S. Supreme of your CEO in the White House?” pled upon. Having said that, it is Court. That handpicked Justice That is just as true now as it was equally important that we as cast the deciding vote against pub- in 2016. union members do not allow the you really want a billionaire CEO ty and replaced it with a far less lic sector Unions in the Janus case, I have said since the election way that we vote in national elec- to appoint a Presidential Emer- influential body. He also ended undermining the very right of process started that we should tions to divide us. Our opponents gency Board who will recommend the regulatory effort that would public sector Unions to exist by make our decisions based upon would love nothing more than to your future wages, health care pay- have mandated two person requiring them to represent all facts and with a full understand- divide and conquer the labor ments and working conditions if crews, and then attempted to employees while being financial- ing of what each politician has movement, and much of what has our current round of national con- eliminate states’ rights to adopt ly supported by only some of those done for or to workers up to now. been said in the national elections tract negotiations does not pro- and enforce their own two per- employees. This is what has been Facts about what Donald Trump are proof of exactly that.” duce a voluntary settlement?” son crew laws. He also autho- lost on many Union members had previously done to hurt work- My comments then are just It is clear that in spite of my rized the use of non-certified/ since the Janus decision. Unions ing class Americans contributed as true now. I also added the fol- concerns, many BLET members non U.S. citizen locomotive en- are not entities in and of them- to the IBT’s presidential endorse- lowing in that message: and Union members across the gineers to operate trains within selves; they are a collective of ment in 2016. President Trump’s “Cast your vote as you see fit, country were convinced in 2016 our great nation, all at the ex- Union members working togeth- actions above, while in office, di- but do it without any misconcep- to vote for Donald Trump. I tru- pense of good American Union er to improve their workplace. rectly contributed to the IBT’s tions about what it is that you are ly do understand that they had jobs. Whether you agree with Never forget that an attack on any 2020 endorsement of Joe Biden. buying into. If you feel compelled hope in their hearts when they your Union’s political recom- Union is an attack on that Union’s Perhaps most important, our to vote for Trump, picture your cast that vote that a Trump Pres- mendations or not, these facts members; that also is true regard- next President stands to appoint railroad CEO as President of our idency would live up to the hype, are still true. President Trump’s less of your political views. the Presidential Emergency great nation. Look long and hard and that working class Americans handpicked FRA Administra- Coming full circle, on August Board that could address crew at whether or not your railroad would see gains. Unfortunately, tor has steadfastly worked 18, 2020, the International Broth- size in our industry, which stands CEO would change his spots sim- that has not happened in the against your best interests. erhood of Teamsters (IBT) an- to affect the jobs and direct live- ply by being given a position of working class America that you President Trump also appoint- nounced its endorsement of Joe lihood of each BLET member. great power in government. It’s and I labor in. Instead, many of ed two new members to the Na- Biden for President of the Unit- The track record above clearly never happened before, and there the concerns that I shared in my tional Mediation Board (NMB), ed States of America. This en- shows that the rail Carriers, and is no factual evidence that Don- 2016 message are our new reality. and it is those two who have dorsement was made by the Gen- employers in general, have been ald Trump will do anything dif- For example, it was President worked on behalf of the railroad eral Executive Board of the overwhelmingly favored by Pres- ferent from what he has always Trump who appointed former industry to make it harder for rail- International Union, after poll- ident Trump’s appointments. The done. He will further empower his Conrail CEO Ronald Batory to road employees to unionize. More ing Locals, Joint Councils and choice is yours, but I must again fellow CEOs to make and take be Administrator of the Federal recently, they have worked to force other subordinate units of the ask that you cast your vote very more, all at the expense of the Railroad Administration (FRA). SMART TD into arbitration re- Union. The majority of those carefully this fall. Your decision working class. That has been his In this important role, Admin- garding the meaning of its mor- units polled supported that en- will significantly impact how ef- lifelong business model and it’s istrator Batory has been far more atorium clauses on the Carriers’ dorsement, and the Internation- fectively your union will be able how he maintains his wealth. This the voice of the railroad indus- terms, even while the legal issues al Union moved forward based to protect your interests in the billionaire CEO has said that ‘hav- try, rather than the voice of the surrounding the Carriers’ attacks upon its internal polling. workplace, because electing the ing a low minimum wage is not a nation’s rail safety regulator. In on crew consist were still in the Since the endorsement, some wrong candidates will deprive bad thing for this country,’ and general terms, he ended the long- courts. BLET and other rail BLET members have publicly stat- your Union of the tools it needs complained that ‘wages are too standing regulatory structure of unions joined in the initial legal ed that they will again support to fight the Carriers. high.’ This is a man who consid- the Rail Safety Advisory Com- action to stop the NMB’s efforts Donald Trump in spite of the ers a bankruptcy a success because mittee, effectively eliminating favoring the rail carriers, and IBT’s recommendation, even Dennis R. Pierce he comes out ahead personally. Do your voice in matters of rail safe- while the NMB pulled back as a though there has been no stron- BLET National President Perhaps most important, our next President stands to appoint the Presidential Emergency Board that could address crew size in our industry, which stands to affect the jobs and direct livelihood of each BLET member. The track record above clearly shows that the rail Carriers, and employers in general, have been overwhelmingly favored by President Trump’s appointments. The choice is yours, but I must again ask that you cast your vote very carefully this fall. BLET NATIONAL DIVISION ELECTRONIC COMMUNICATIONS POLICY fficial communications between BLET reference to a specific request and can be used response; however, an e-mail message is not con- President to be aware of the opinions and sug- members and the National Division in future correspondence. sidered an official communication. gestions of the membership, while at the same require a hard copy of the correspon- The volume of e-mails received makes it im- Moreover, anonymous e-mails and e-mails time providing a timely response to the mem- dence,O bearing a signature, being received by the possible for the National President to answer all that do not provide sufficient information con- ber’s unofficial communication, if a response is National President to be considered an “official unofficial communications. Therefore, it is the cerning the sender to enable National Division necessary, without needlessly expending limit- communication.” This is to provide that the ac- policy of the BLET that e-mails addressed to the staff to confirm the sender’s membership status ed BLET resources. tual question(s) are addressed, and ensures that National President will be reviewed and forward- will not receive any reply or acknowledgement. Adopted at Cleveland, Ohio on July when official interpretations are made they have ed to the appropriate officer or staff for a timely This policy is intended to allow the National 22, 2010. • SEPTEMBER 2020 3

GENERAL PRESIDENT’S MESSAGE BY JAMES P. HOFFA Unions Are Even More Essential in the Time of COVID-19 orkers are facing ment offers some proven results. unprecedented The Teamsters, who repre- challenges in the sent more than a million essen- age of the coro- tial workers, are on the front navirus.W Many have lost their lines against efforts by politi- jobs, been temporarily laid off cians to provide overly broad, with no idea when they are go- blanket liability protection to ing to return or been forced to businesses, making it more dif- work despite the ongoing health ficult for workers or patrons to crisis. It has been a stressful time hold employers accountable if for millions across the country. they discard safety standards. But instead of letting anxi- While Teamsters and workers ety over an uncertain future get everywhere are ready to get back the best of them, many workers to work, there must be safety and are choosing to get organized. health standards in place that are Hardworking Americans, even effective and enforceable. If em- those toiling in sectors that have ployers purposefully discard safe- traditionally not been union- ty guidelines, this union is mak- friendly, are recognizing the val- ing sure that penalties will exist. ue that comes from member- Hardworking Americans are ship. As many struggle to get facing tough times right now. proper personal protective A union will ensure that they equipment and sanitized work- are protected. spaces, they understand that poll by Gallup found 64 percent stand that when workers orga- worker. They are also more like- coming together with co-work- of Americans approved of unions, nize, they get better pay, benefits ly to receive health insurance Fraternally, ers can have benefits. the highest level since 2003. Why, and working conditions. and retirement benefits and Even before COVID-19 took you may ask? Because in an age The median union worker work in a safer workplace. At a James P. Hoffa hold across the nation, union pop- of growing income inequality, makes $10,000 more annually time when there is so much at Teamsters General ularity was on the rise. A 2019 more and more people under- than the median non-union risk, joining the labor move- President Hardworking Americans, even those toiling in sectors that have traditionally not been union-friendly, are recognizing the value that comes from membership. As many struggle to get proper personal protective equipment and sanitized workspaces, they understand that coming together with co-workers can have benefits.

isting work equities were not being main- undisputed history of the century-long detailed factual and historical case. I ap- American crews replaced tained. Lastly, the GCA pointed to numer- practice, which the majority simply dis- preciate the work by retired Vice Presi- with Mexican crews in Laredo ous provisions in the so-called “Interchange missed as irrelevant. Holdcraft noted that dent Cole Davis and Vice President Alan Continued from page 1 • Agreement” between Tex-Mex and KSCM the majority failed to appreciate the un- Holdcraft, who provided constant assis- 2018. This came days after a federal judge where the two railroads agreed that all precedented nature of the changes the tance and advice to the GCA. And I thank enjoined a strike by the Tex-Mex crews, trains operating north of the border are Carriers had implemented and badly mis- retired General Counsel Mike Wolly and which had been supported by 98% of the considered Tex-Mex, not KCSM, trains. construed the road switcher rules in the Special Counsel Kathy Krieger for their members who cast a ballot. The GCA showed that Tex-Mex em- CBAs. Finally, he criticized the majority’s hard work on all aspects of the Laredo The arbitration hearing was held ex- ployees in Laredo lost over 25,000 pay reliance on the Carriers’ business ratio- case. Finally, I want to acknowledge the actly two years after the Tex-Mex crews hours as a result of the Carriers’ actions nale for the changes, because “that’s not National Division staffers, especially my had been replaced. The Chairman and and requested a cease and desist order the standard for determining compliance assistant Tom Pontolillo, who worked Neutral Member of the SBA was arbitra- and monetary relief for every affected with the Agreement.” tirelessly behind the scenes to help build tor Sidney Moreland IV. The BLET was Tex-Mex worker. BLET National President Dennis R. the case and craft the presentation. Re- represented on the Board by Vice Presi- The Carriers countered that what they’d Pierce expressed the National Division’s gardless of the outcome, this team should dent J. Alan Holdcraft; the Carrier was done was merely a change of interchange disappointment in the outcome of the ar- be proud of its efforts.” represented by its Vice President – Labor points, and that employees cannot claim bitration, and thanked those who have President Pierce also vowed that the Relations Maqui Parkerson. exclusivity to interchange service. Further, been at the center of the fight for the past struggle will continue. “This ruling is dis- The General Committee of Adjust- they said that the 1950 Agreements had three years, saying “As stated in the Or- appointing, to be sure. However, we will ment (GCA) argued that numerous pro- become defunct over time, and that the ganization Member’s dissent, the major- continue the fight. We will continue to lit- visions of the collective bargaining agree- control aspects in the Interchange Agree- ity missed the mark by a long shot with igate the refusal by the Trump Adminis- ments (CBAs) for locomotive engineers ment only dealt with customs requirements its decision. This ruling is an affront to tration’s Federal Railroad Administration and for conductors and trainmen were not pertinent to the CBAs. BLET’s Tex-Mex membership, and an at- to comply with its statutory obligations to violated by the Carriers’ actions. In gen- The Carriers also blamed Mexican law, tack on the collective bargaining rights properly regulate safety between Laredo eral, the GCA argued that the CBAs re- which limits the performance of railroad of all American workers. The Carrier was Yard and the International Bridge. We will served the work of moving Tex-Mex work to Mexican nationals, for their in- wrong in 2017 when it gave the jobs of also continue to pressure Congress to adopt trains on Tex-Mex property exclusively ability to provide work equities, and ar- hard working Americans to Mexican Na- reciprocal legislation, missing in the for Tex-Mex employees. More specifi- gued that they had complied with the tionals, it was wrong in 2018, and it’s Trump-negotiated USMCA (NAFTA 2), cally, the GCA pointed to 68 years of “close proximity” requirements of Na- wrong today.” to put U.S. locomotive engineers and train- practice under a pair of 1950 Agreements tional Agreement interchange rules be- “That said, I also want to acknowl- men on an equal footing with their Mex- specifying that all cross-border traffic cause Laredo Yard was the closest point edge some of the people who have been ican counterparts. And we will continue was to be exchanged at the border, me- to the Bridge. in the forefront of this struggle. I want to fight trade agreements that kowtow to morializing operations that had been es- A majority of the Board accepted the to thank former General Chairman Chris the multinationals, like KCS, that put prof- tablished in 1920. Carriers’ arguments and ruled against Heise and current General Chairman its before people.” • The GCA further argued that the Car- the GCA. In a separate Dissent, BLET Mike Ball for their leadership; I also want riers’ actions violated National Agreement Vice President Holdcraft wrote that the to specifically recognize the tremendous A copy of the 82-page Award interchange rules because the interchange majority’s decision contained “significant contributions made by Vice General and Dissent is available at: tracks designated by the Carriers were not errors.” For example, he pointed out that Chairman Alfonso Arellano, whom we www.ble-t.org/pr/pdf/ in close proximity to the border, and ex- the record was replete with proof of an called upon time and again to build a KCS.BLET.Final.Award.pdf 4 WWW.BLE-T.ORG

BLET LEGISLATIVE BOARD 2020 ELECTION ENDORSEMENTS EDITOR’S NOTE: These endorsements are based on recommendations from the various BLET State Legislative Board Chairmen. They represent the candidates who your elected BLET officers believe will best represent the interests of railroad workers and middle class Americans.

DUE TO FEDERAL ELECTION COMMISSION (FEC) REGULATIONS, OUR 2020 ENDORSEMENTS ARE VIEWABLE IN THE MEMBERS-ONLY AREA OF THE BLET WEBSITE: WWW.BLE-T.ORG/MEMBERS. SEPTEMBER 2020 5

Rail bosses tighten screws on workers, reps s freight rail traffic levels re- accommodate a return to work without plemented via a blitz of threatening letters ing holidays, excessive on-duty times bound strongly from the eco- being penalized economically for the po- to workers who took off from work on what and denied holiday pay claims. As a re- nomic slowdown caused by the sition in which the carrier’s furlough orig- are now, but were not then, viewed by the minder, even in the midst of a pandem- coronavirus (COVID-19) pan- inally placed them. Carrier as being “high impact” days. Most ic-stricken U.S. economy, BNSF report- demic,A railroad management has unleashed The GCAs have also reported that one of these are family-friendly days, included second-quarter earnings of more an unprecedented barrage of measures to or more carriers have recalled furloughed ing national holidays, and letters appar- than $1.13 BILLION in net earnings and manipulate recalls from furloughs, make employees who, after reporting for work, ently are being sent even in cases where an 61.1% operating ratio thanks to the already draconian attendance policies even are then furloughed for a second time. In permission to take the time off had been essential work done by employees who more punitive, and interfere with union at least one instance, an employee quit oth- granted to workers. are being targeted for discipline and representatives who fight to protect their er employment he had found, only to be “The carrier continues to remain in- punishment by this policy. members from this abuse. kicked to the street again by the railroad flexible when it comes to respecting work- BNSF also is attempting to pressure The BLET’s National Division and the without ever having performed service. ers’ attempts to have lives outside of work,” working local union representatives to not SMART Transportation Division both And, for workers receiving RUIA benefits, the union presidents said. “If a worker hap- take time off from work to represent their have received multiple reports from their a one-week waiting period during which pens to have chosen to engage in a family members. In some cases, local representa- General Committees of Adjustment on no benefits are paid could be triggered, de- event, to enjoy a holiday or some sort of tives are invited to conferences with the various Class I railroads indicating two pending upon the timing and duration of emergency cropped up on one of these un- railroad, then are denied the time off work specific types of recall-related conduct that this second furlough. known-until-now ‘high-impact’ days, he to attend the conference, forcing them to could jeopardize tens of thousands of dol- The leaders of both unions expressed or she can now expect to receive a threat- mark off for union business. When they lars in unemployment benefits. These ben- outrage over these actions. ening letter and have a watchful eye just do so, the railroad warns that their use of efits are paid pursuant to the Railroad Un- “Just when one thinks the carriers can’t waiting to issue punishment if they dare union business mark-offs is excessive and employment Insurance Act (RUIA), which possibly stoop any lower, they try to game have off time that coincides with another they, too, may fall subject to that Carrier’s is administered by the U.S. Railroad Re- the RUIA system to their benefit,” said of these days.” intensified attendance policy. tirement Board. BLET National President Dennis R. Pierce The unions’ General Chairpersons “Shame on BNSF for expanding their At least one carrier is disputing unem- and SMART-TD President Jeremy R. Fer- also pointed out that thousands of BNSF anti-worker attendance policy in a way ployment claims for all days later than guson. “Since RUIA tax rates are experi- operating employees remain furloughed, that is plainly anti-family,” Pierce and the date of a recall notice, regardless of ence-based, maybe the carriers are look- and that this reserve is more than suf- Ferguson said. “In no event will our when the furloughed worker actually re- ing to minimize next year’s hit. But cutting ficient to meet any service needs on union representatives be intimidated ceived the notice and irrespective of col- their losses on the backs of union mem- “high impact” days while, at the same into not performing the duties of their lective bargaining agreement provisions bers and their families in this fashion MPH is time, allowing reasonable time off from offices. Our members should keep in that provide the employee with a certain reprehensible.” 56 work. Further, they report that the Car- mind that Election Day in November 56number MPH56 of days within MPH which to report. In an August 14 letter,56 BLET and MPH rier continues to do nothing to address will determine whether these examples These provisions allow furloughed rail- SMART-TD General Chairpersons joint- long-standing problems with poor line- of unconscionable corporate misbehav- road workers to make necessary arrange- ly blasted BNSF management MPH for changes ups, denial of reasonable vacation and ior will continue to receive the approval ments to settle personal and family obli- to that Carrier’s56 attendance policy. 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FOR BR&CF managing MEMBERSHIP TODAY! your exposure tocost, risk? covering both you and your AreAre you you managing• managingReleasingAre you Track your your managing Authority exposureexposure your While exposure to Occupying to risk? risk? to Limits risk? PROTECT YOURPROTECT INCOME: YOUR APPLY INCOME: FOR BR&CF APPLY MEMBERSHIP FOR BR&CF TODAY! MEMBERSHIP TODAY!beneficiary 24/7* PROTECT YOUR INCOME: APPLY FOR BR&CF MEMBERSHIP TODAY! Brotherhood’s Relief & Compensation Fund PROTECT YOUR INCOME: APPLY FOR BR&CF MEMBERSHIP TODAY! • Receive your full daily benefit if PROTECT YOURPROTECT PROTECTINCOME: YOUR YOUR APPLY INCOME: INCOME: FOR APPLY BR&CF APPLY FOR FOR MEMBERSHIPPROTECT BR&CFBR&CF(717) 657-1890 MEMBERSHIP MEMBERSHIP YOUR • www.brcf.org TODAY! INCOME: TODAY! TODAY! APPLY FOR BR&CF MEMBERSHIP TODAY! Brotherhood’s Relief & Compensation FundApplication for you are decertified and decline Are you managing Brotherhood’syour exposure Relief & Compensation Membershipto risk? Fund (717) 657-1890 • www.brcf.org(717) 657-1890 • www.brcf.org to exercise your seniority Brotherhood’s Relief &Brotherhood’s Compensation Fund Relief & CompensationApplication for Fund Brotherhood’s Relief & Compensation(717) 657-1890 • www.brcf.org Fund Membership Application*Beneficiary for Accidental Death coverage is not available in Brotherhood’s Relief & Compensation Fund Brotherhood’s(717) 657-1890 Relief •& www.brcf.org Compensation FundMembershipCalifornia or Texas. Brotherhood’s(717) Relief 657-1890 & • Compensationwww.brcf.org Fund Application for Application for (717)PROTECT 657-1890(717) YOUR• www.brcf.org 657-1890 INCOME: • www.brcf.org APPLY FOR BR&CF (717)MEMBERSHIPApplication 657-1890 for Membership • www.brcf.org TODAY! 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United Rail Unions sue to block carriers from modifying Healthcare benefits without bargaining n August 5, 2020, 12 rail Aerospace Workers; the International health and welfare changes in accordance bers has left us with no choice but to en- unions whose members Association of Sheet Metal, Air, Rail and with the collective bargaining proce- force these legal rights in court. If and their families are cov- Transportation Workers, Mechanical dures outlined under the RLA; implemented without successfully ne- ered by the NRC/UTU Division; the International Association • issue a declaratory judgment that gotiated application, the carriers’ pro- Plan and the Railroad of Sheet Metal, Air, Rail and Transpor- health and welfare plan design changes posals could be extremely harmful to Employees National Health and Wel- tation Workers, Transportation Divi- are a mandatory subject of collective bar- our members and their families. Even Ofare Plan, filed suit against the nation’s sion; the International Brotherhood of gaining pursuant to the RLA; more outrageous, the process they are Class I railroad carriers in the United Boilermakers; the International Broth- • issue a declaratory judgment that attempting to impose would allow rail States District Court for the District of erhood of Electrical Workers; the Na- the NRLC may not force plan design carriers to reduce employees’ access to Columbia. tional Conference of Fireman & Oilers changes upon its employees without the medicines and doctors in the middle of The suit asks the court to force the District, Local 32BJ, SEIU; the Trans- agreement of the unions, to be achieved a pandemic. When they should be re- carriers to bargain in good faith with portation Communications Union/IAM; through the mandatory dispute resolu- warding the contributions of their es- the unions over mandatory subjects of and the Transport Workers Union. tion process of the RLA; sential employees with hazard pay, the bargaining. The involved issues have The rail carriers are: BNSF Railway • issue an order enjoining the NRLC rail carriers instead attempt to reduce been the subject of collective bargaining Company; Kansas City Southern Rail- from trying to force these health and medical benefits when they are needed for decades and are in fact part of the way Company; CSX Transportation; welfare changes via arbitration rather most. Events like these are why railroad carriers’ bargaining notices served on Grand Trunk Western Railroad Com- than addressing them in collective bar- managers were labeled as “Robber Bar- November 1, 2019 pursuant to Section 6 pany; Norfolk Southern Railway Com- gaining; and ons” over a century ago; their actions to- of the Railway Labor Act (RLA). At is- pany; Soo Line Railway Company; and • issue an order requiring the NRLC day are proof positive that the label still sue are carrier attempts to restrict access Union Pacific Railway Company. Also to engage in good faith negotiations with applies. Unfortunately for working class to certain medications and to forcibly named in the suit is the National Rail- the unions over their proposed health Americans, this is the way of many cor- reconfigure health care networks. way Labor Conference (NRLC), whose and welfare changes through the RLA’s porations across the country in Donald The unions are: the American Train National Carriers’ Conference Commit- major dispute resolution procedures. Trump’s America; essential employees Dispatchers Association; the Brother- tee (NCCC) is the designated bargain- The chief executives of the 12 unions are treated as expendable employees. We hood of Locomotive Engineers and ing agent of the railroads. issued the following statement concern- will not stand idly by while management Trainmen; the Brotherhood of Mainte- The unions have asked the court to: ing the lawsuit: attacks the core legal rights our mem- nance of Way Employes; the Brother- • issue a declaratory judgment that The railroads’ attempt to evade their bers enjoy. hood of Railroad Signalmen; the Inter- the carriers are obligated to bargain in legal obligation to bargain on these is- Updates will be provided as develop- national Association of Machinists and good faith with the unions on proposed sues of great importance to our mem- ments warrant. • COORDINATED BARGAINING BLET members ratify COALITION: new contract with WNYP NATIONAL y a unanimous vote, mem- nication between the parties with a fall The WNYP main line extends for bers of the Brotherhood of back provision that if communication is 190 miles from Hornell, on New York’s NEGOTIATIONS Locomotive Engineers and not accomplished within 24 hours, the southern tier to Meadville in north- Trainmen (BLET) have rati- documents will be mailed via U.S. Mail. western Pennsylvania. A branch 90 UPDATE, fied a new collective bargain- The negotiating team consisted of miles long extends from Machias, N.Y. ing agreement with the Western New National Vice President Mike Twombly, to North Driftwood, Pa., cresting the BYork & Pennsylvania Railroad (WNYP). Head of the BLET Short Line Depart- Allegheny Mountains at Keating Sum- JULY 31, 2020 It governs about a dozen members. ment, Special Representative Paul Aird, mit. Interchange is made with Norfolk argaining teams from 10 unions that Ratified on June 15, 2020, the agree- Director of the BLET Short Line Depart- Southern at Hornell, Meadville and make up the Coordinated Bargaining ment runs through 2025 and provides ment, and Frank Graves, the WNYP North Driftwood, and with Buffalo & BCoalition (CBC) for this round of nation- wage increases of about 25% over the Grievance Committee Chairman for Pittsburgh Railroad at Salamanca, N.Y. al freight rail negotiations participated in a Zoom life of the agreement. It includes an im- BLET Division 16. The WNYP mem- and Corry, Pa. Interchange is also con- conference with National Railway Labor Con- mediate $2.00 per hour increase in pay bership belongs to Division 16 and is ducted with Oil Creek & Titusville Line ference (NRLC) Chairman Brendan Branon and and general wage increases effective represented by the BLET’s Short Line (OCTL) at Rouseville, Pa. WNYP be- participating Carrier representatives on July 28, January 1 each year through January 1, Department. gan independent operations in 2001 af- 2020. This meeting was held for the sole pur- 2025, and also provides additional pay “I thank Brother Twombly, Brother ter concluding a long-term lease with pose of reviewing power point presentations for each tour of duty on remote control Aird and Brother Graves for their hard Norfolk Southern and obtaining cer- relative to each side’s respective positions on is- assignments. work on this contract,” BLET National tain property tax abatements granted sues contained within their Section 6 Notices. Personal Time Off was also improved. President Dennis R. Pierce said. “I also by Southern Tier Extension Rail Au- While there were no negotiations during the In addition, the Discipline and Investi- thank our WNYP membership for be- thority (STERA). WNYP is controlled Zoom conference, the meeting was beneficial to gation rule, Article 23, was modified to ing involved and making their voices by Livonia, Avon & Lakeville Railroad both sides in an effort to keep the process mov- provide for limited electronic commu- heard during the ratification process.” Corp. of Lakeville, N.Y. • ing forward in a good faith effort to achieve a voluntary agreement. The first formal negotiating session took place, in person, earlier this year on February 26 and 27 and a second meeting had been scheduled for March 31. This meeting was cancelled because of the COVID-19 pandemic, and all subsequent scheduled meetings were also cancelled. Tuesday’s conference was the first time the parties had convened in any manner since February. Members of the unions participating in the CBC will be kept apprised of further develop- ments on your contract negotiations as develop- ments warrant. Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations. • SEPTEMBER 2020 7

RRB Q&A Part 2 of 2: Unemployment and sickness benefits for railroad employees Editor’s Note: This is Part 2 employed and eligible for benefits. Claim igible for sickness benefits. letter within 10 days of receiving his or of a two part series of articles. forms should be signed and sent on or af- After processing the application, the her application. If a claim for subsequent Part 1 appeared in the last ter the last day of the claim. This can be RRB provides biweekly claims to the qual- biweekly unemployment or sickness ben- issue of the Locomotive done online or by mail. The completed ified employee as long as he or she is eli- efits is filed, the RRB will certify a pay- Engineers & Trainmen News claim must be received by the RRB with- gible for benefits and remains unable to ment or release a denial letter within 10 in 15 days of the end of the claim period, work due to illness or injury. Biweekly days of the date the RRB receives the claim he Railroad Retirement Board or within 15 days of the date the claim claims are made available for completion form. If the claimant is entitled to bene- (RRB) administers the Rail- form was made available online or mailed online (by those with an account at myR- fits, his or her benefits will generally be road Unemployment Insur- to the claimant, whichever is later. Claim- RB) or mailed to the claimant. Complet- paid within one week of that decision. ance Act (RUIA), which pro- ants must not file both an online and a ed claim forms must be received at the If a claimant does not receive a deci- vides two kinds of benefits paper claim form for the same period(s). RRB within 30 days of the last day of the sion notice or payment within the speci- for qualified railroaders: unemployment Once an individual submits a claim on- claim period, or within 30 days of the fied time period, he or she may expect an Tbenefits for those who become unem- line, all subsequent claim forms will be date the claim form was made available explanation for the delay and an estimate ployed but are ready, willing, and able to made available online only, and will no online or mailed to the claimant, which- of the time required to make a decision. work; and sickness benefits for those who longer be mailed. ever is later. Benefits may be lost if an ap- However, some claims for benefits may are unable to work because of sickness or Only one application needs to be filed plication or claim is filed late. Claimants take longer to handle than others if they injury. Sickness benefits are also payable during a benefit year, even if a claimant who know in advance that they will be are more complex, or if an RRB office has to female rail workers for periods of time becomes unemployed more than once. filing a sickness application or claim late to get information from other people or when they are unable to work because of However, a claimant must, in such a case, should include a signed statement ex- organizations, or under special circum- health conditions related to pregnancy, request a claim form from the RRB with- plaining why they are unable to meet the stances such as the current pandemic. miscarriage, or childbirth. A new bene- in 30 days of the first day for which he or required time frame. Regarding the payments authorized fit year begins each July 1. she wants to resume claiming benefits. As with claims for unemployment ben- under the CARES Act, after making nec- The following questions and answers These claims may then be filed online or efits, once a claim for sickness benefits is essary programming changes to claims describe these benefits, their eligibility by mail. submitted online, all subsequent claims processing systems, the RRB started pay- requirements, and how to claim them. will be made available online only, and ing extended unemployment benefits and The Q&A also details how the Corona- How does a person apply for will no longer be mailed. unemployment recovery payments on virus Aid, Relief, and Economic Security and claim sickness benefits? Claimants are reminded that while May 11, and May 28, respectively. As for Act, or CARES Act, affects the RRB’s ad- 11An Application for Sickness Benefits (SI- claim forms for sickness benefits can be payment of the additional monies related ministration of benefits under the RUIA. 1a) can be obtained from RRB.gov, a rail- submitted online, applications must be to the elimination of the 7-day waiting Part 1 of this Q&A (items #1-9) were pub- road labor organization, or a railroad em- mailed to the RRB. Statements of sick- period, the agency hopes to complete the lished in the previous issue of the Loco- ployer. Applications for sickness ness may be mailed with the sickness ap- needed programming changes for this motive Engineers and Trainmen News. benefits must be submitted to the agency plication or faxed directly from the doc- provision in the near future. The RRB by mail, or by fax at 312-751-7185. Subse- tor’s office to the RRB at 312-751-7185. will initially make retroactive payments How does a person apply for and quent claims may be completed online by Faxes must include a cover sheet from the to individuals eligible for the payments claim unemployment benefits? those with myRRB accounts. doctor’s office. listed above who had previously submit- 10Employees can apply for and claim un- An application including a doctor’s ted unemployment claims before moving employment benefits online or by mail. statement of sickness is required at the Is a claimant’s employer on to processing new claims. Individuals who have established an ac- beginning of each period of continuing notified each time a biweekly Claimants who think an RRB office count through myRRB at RRB.gov can sickness for which benefits are 12claim for unemployment or sickness made the wrong decision about their ben- log in and file their applications and their claimed. Claimants should make a spe- benefits is filed? efits have the right to ask for review and biweekly claims online. Employees are en- cial effort to have the doctor’s statement The RUIA requires the RRB to noti- to appeal. They will be notified of these couraged to establish their accounts while of sickness completed promptly since fy the claimant’s base-year employer each rights each time an unfavorable decision still working to expedite the filing process claims cannot be paid without it. time a claim for benefits is filed. That is made on their claims. for future unemployment benefits, and for The RRB suggests that employees keep employer has the right to submit infor- access to other online services. an application for sickness benefits on mation relevant to the claim before the How are payments made? To apply by mail, claimants must ob- hand, and that family members know RRB makes an initial determination on Railroad unemployment and tain an Application for Unemployment Ben- where the form is kept and how to use it. the claim. Benefits may not be paid at 14sickness insurance benefits are paid by efits (Form UI-1) from RRB.gov, or their If an employee becomes unable to work this time but the employee will receive Direct Deposit. With Direct Deposit, ben- labor organization or railroad employer. because of sickness or injury, the employ- a notice and have the right to appeal. In efit payments are made electronically to The completed application should be ee should complete the application and addition, if a claimant’s base-year em- an employee’s bank, savings and loan, mailed to the local RRB office as soon as then have his or her doctor complete ployer is not his or her current employ- credit union or other financial institu- possible and, in any case, must be filed the Statement of Sickness (SI-1b). If a claim- er, the claimant’s current employer is tion. New applicants for unemployment within 30 days from the date the claimant ant receives sickness benefits for an inju- also notified. The RRB must also notify and sickness benefits will be asked to pro- became unemployed, or the first day for ry or illness for which he or she is paid the claimant’s base-year employer each vide information needed for Direct De- which he or she wishes to claim benefits. damages, it is important to be aware that time benefits are paid to a claimant. The posit enrollment. Benefits may be lost if the application is the RRB is entitled to reimbursement of base-year employer may protest the de- filed late. Claimants who know in advance either the amount of the benefits paid for cision to pay benefits. Such a protest does How can claimants get more that they will be filing an unemployment the injury or illness, or the net amount of not prevent the timely payment of ben- information on their railroad application or claim late should include a the settlement, after deducting the claim- efits. However, a claimant may be re- unemployment15 or sickness claims? signed statement explaining why they are ant’s gross medical, hospital, and legal quired to repay benefits if the employer’s Claimants with online myRRB ac- unable to meet the required time frame. expenses, whichever is less. protest is ultimately successful. The em- counts can log in to view their individual Persons can find the address of the If the employee is too sick to complete ployer also has the right to appeal an un- railroad unemployment insurance account RRB office serving their area by visiting the application, someone else may do so. favorable decision to the RRB’s Bureau statement. This statement displays the RRB.gov and clicking on Field Office Lo- In such cases, a family member should of Hearings and Appeals. type and amount of the claimant’s last five cator, or by calling the agency toll-free at also complete a Statement of Authority to The RRB also conducts checks with benefit payments, the claim period for 1-877-772-5772 and selecting the appro- Act for Employee (Form SI-10), which ac- other Federal agencies and all 50 States, which the payments were made, and the priate option from the automated menu. companies the statement of sickness. as well as the District of Columbia and dates that the payments were approved. The local RRB field office reviews the After completion, the forms should be Puerto Rico, to detect fraudulent benefit Individuals can also confirm the RRB’s completed application, whether it was mailed to the RRB’s headquarters in Chi- claims, and it checks with physicians to receipt of applications and claims. submitted online or by mail, and notifies cago within 10 days from when the em- verify the accuracy of medical statements In addition, claimants can call the the claimant’s current railroad employer, ployee became sick or injured. However, supporting sickness benefit claims. agency toll-free at 1-877-772-5772 to ac- and base-year employer, if different. The applications received after 10 days but cess information about the status of un- employer has the right to provide infor- within 30 days of the first day for which How long does it take to employment and sickness claims or pay- mation about the benefit application. an employee wishes to claim benefits are receive payment? ments. Individuals can send a secure After processing the application, bi- generally considered timely filed if there 13Under the RRB’s Customer Service e-mail to their local office by access- weekly claim forms are made available is a good reason for the delay. Upon re- Plan, if a claimant files an application for ing Field Office Locator at RRB.gov and on the RRB’s website, or are mailed to the ceipt, the RRB will process the applica- unemployment or sickness benefits, the clicking on the link at the bottom of their claimant, as long as he or she remains un- tion and determine if the employee is el- RRB will release a claim form or a denial local office’s page. • SEPTEMBER 2020 8

Advisory Board July 2020 Activity Locomotive Engineers And Trainmen News In accordance with the BLET Bylaws, summaries of BLET Advisory Board members’ activities are published monthly: Brotherhood Of Locomotive Engineers And Trainmen NATIONAL PRESIDENT DENNIS R. PIERCE: National Division Office, Independence, Ohio; sponsibilities; Huron & Eastern Section 6 negotiations; Local Division 16 monthly mtg.; NYS&W 7061 East Pleasant Valley Road General supervision of BLET activities; General office duties; Correspondence and telephone Section 6 negotiations, Cooperstown, N.Y.; CN-GTW monthly conference (Labor Management communications; Supervision of Office Administration; General Supervision of Special Repre- Resolution Conference). Independence, Ohio 44131 sentatives; President, Teamsters Rail Conference; Policy Committee, Teamsters Rail Conference; VICE PRESIDENT MICHAEL D. PRIESTER: Assigned to all BNSF (former ATSF, former C&S, Collective Bargaining Coalition/National Carriers’ Conference Committee mtg. CRI&P, FWD, former STL-SF, BNSF/MRL), Panhandle Northern, Great Western Railway of Colo- BLET Publications Committee: FIRST VICE PRESIDENT E.L. (LEE) PRUITT: National Duties include but not limited to: Trainmen’s rado; Missouri & North Arkansas, Montana Rail Link, Otter Tail; General office duties, telephone, Dennis R. Pierce, National President Dept.; National Publications Committee; National Legislative Board; Teamsters Rail Conference email, correspondence communications, etc.; Conference call with all BNSF GCs; Multiple BNSF E. “Lee” Pruitt, First Vice President & Alternate President Policy Committee; and PRAC; General office duties, telephone, email, correspondence commu- operations update conference calls w/ BLET GCs; Conference call w/ GC Psota and Local Chairmen. Stephen J. Bruno, National Secretary-Treasurer nications, etc. VICE PRESIDENT R.C. (RICK) GIBBONS: Assigned to: All Norfolk Southern General Com- John P. Tolman, Vice President & National Legislative Rep. NATIONAL SECRETARY-TREASURER STEPHEN J. BRUNO: General supervision of Account- mittees (Northern, Eastern and Southern Lines); Chicago, Ft. Wayne & Eastern; Indiana & Ohio John V. Bentley Jr., Director of Public Relations & Editor ing Dept., Record Dept., Online Services Dept., Tax Compliance Dept.; Safety Task Force; PAC (G&W); General office duties, telephone, email, correspondence communications; Vice President Bill Joyce, Art Director & Associate Editor and FEC reports and filings; Implementation and training for BLET membership database/Union duties; On duty at home office; BLET National Division officers and staff conference call; NS- www.ble-t.org (216) 241-2630 Track; Pension, STD, 457 plan Trustee; Mtgs. with vendors and financial institutions; Union Track Southern GCA mtg.; IORY negotiations, assisting GC Cole; PLB 7574, assisting GC Sturdivant, issues, development, testing, status updates; Merrill Lynch, BLET finance committee. NS-Southern Lines. COPYRIGHT 2020, ALL RIGHTS RESERVED VICE PRESIDENT & NATIONAL LEGISLATIVE REPRESENTATIVE JOHN P. TOLMAN: As- VICE PRESIDENT JAMES P. LOUIS: National Division Department Head, BLET Education & VOLUME 34 NUMBER 6 September 2020 signed to BLET Washington, DC office; General office duties, telephone and correspondence Training Dept.; Department Head of the BLET Internal Organizing, Mobilizing & Strategic Plan- communications, Washington, D.C.; Various receptions and office visits with members of Con- ning Dept.; Department Head, BLET Passenger Dept.; Assigned Amtrak; Keolis Commuter Ser- LOCOMOTIVE ENGINEERS & TRAINMEN NEWS (ISSN 0898-8625) gress and the leadership of both the GOP and Democratic parties, Washington, D.C. vices; Keolis Rail Services of Virginia, LLC; TransitAmerica Services, Inc.; Long Island Rail Road; is published monthly by the Brotherhood of Locomotive Engineers & Trainmen, New York & Atlantic; Metro-North; New Jersey Transit; PATH; SEPTA; PLB 5210, assisting PATH VICE PRESIDENT MARCUS J. RUEF: Chairman, National Railroad Adjustment Board (NRAB); 7061 East Pleasant Valley Road, Independence, Ohio 44131 GC McCarthy; National Division technology mtgs.; E&T issues; SBA 940, assisting NJ Transit GC National Mediation Board (NMB) Advisory Forum–Labor Member; Department Head, BLET Ar- Brown; Contract issues, assisting LIRR GC Sexton; Contract issues, assisting Amtrak GC Kenny; bitration Department; Assigned to CN-Wisconsin Central, CN-Illinois Central, Indiana Harbor USPS: 0002-244 ISSN: 0898-8625 Contract issues, assisting SEPTA GC Hill; Regional meeting and convention hotel planning and Belt, Metra (Chicago), CP Rail System/US (Soo); Arb. website development, NRAB, Chicago; As- related issues; IBT training. POSTMASTER: Send address changes to sist GC Semenek w/ discipline research and discipline appeals, CP; Assist GC Hau w/ discipline submissions and discipline appeals, WC; PLB 7667, adopt awards 206-211, CP; Connectivity as- VICE PRESIDENT MARK L. WALLACE: Assigned to all Union Pacific GCAs (Eastern Dis- Locomotive Engineers & Trainmen News — BLET Record Department, sessment for PLB 7166, CP; Executive session, PLB 7154 Case 275, IC; Mtg. w/ GC Hau and LR trict, Northern Region (former C&NW), Western Lines (Pacific Harbor Lines), Western Region 7061 East Pleasant Valley Road, Independence, Ohio 44131. 9/20 to discuss pilot claims, WC; PLB 7166 hearing, Referee Darby, CP; Further discussion DL 477, (Portland & Western RR), Central Region, and Southern Region); Utah RR; Longview Portland Referee Wesman, NRAB; Assist ISRR ratification vote count; NRAB admin. matters; Status mtg., & Northern and Longview Switching, and Portland Terminal; General office duties, telephone, re: Arb website development, NRAB. emails, correspondence, communications, etc.; On duty at home office; Assist UP GC’s with various on-property issues; Assist GC Leyshon w/ prep for PLB 7228 and hearing; Assist GC Geisler VICE PRESIDENT MIKE TWOMBLY: Department Head and designated representative of the Photo of the Month: September 2020 in preparation for PLB 7173; National Wage Team mtg.; Coordinated Bargaining Coalition mtg.; BLET National Short Line Division (NSLD) and Organizing Department with responsibility for Bargaining session w/ NCCC. hearings, conferences, appeals, First Division Appeals and all other daily business involving the JUST SOUTH OF SCENIC MT. SHASTA, Union Pacific locomotive 8734 travels northbound through Dunsmuir, Calif., NSLD assigned railroads in conjunction with Carrier Officers and advancement of BLET orga- VICE PRESIDENT J. ALAN HOLDCRAFT: Assigned to all CSX Transportation GCAs (Eastern along the Black Butte subdivision on its way to Klamath Falls, Ore., on July 28, 2020. Photo by Michael Huerta, whose brother Phillip nizing strategies and opportunities; NVP assigned to: CN–Grand Trunk Western; Springfield Lines, Western Lines, Northern Lines (Bombardier Transportation Services), Conrail Shared As- Terminal; Delaware & Hudson; St. Lawrence & Atlantic; New York Susquehanna & Western; Con- sets/CSX Northern District); KCS–Kansas City Southern/Louisiana & Ark. RR.; KCS–Texas Mex- is a Union Pacific locomotive engineer and member of BLET Division 692 (Tracy, Calif.). necticut Southern; New England Central; Louisville & Indiana; Huron & Eastern; Wheeling & ican Railway; KCS–Mid South Rail, South Rail, Gateway Western RR, Illinois Midland (G&W); Lake Erie; Tacoma Municipal Belt Line Railroad; National Short Line Division (Local Division General office duties, telephone, email, correspondence communications, etc.; Served as Board 16) railroads: Union Railroad, Belt Railway of Chicago, South Buffalo Railway, Western New York member on PLB 6884 w/ GC Spradlin; Served as Board Member on Special Board of Adjustment & Pennsylvania and Gary Railway; General office duties, telephone, email, correspondence com- regarding cross border dispute at Laredo, Texas; Served as Board Member on PLB 7239 w/ GC Billy munications, etc.; On duty at home office, NVB and NSLB Department Head combined daily re- Evans; Coordinated Bargaining Coalition /NCCC negotiations. Kansas DOT proposes safety rule requiring two-person train crews he Brotherhood of Lo- posed regulation is a common- possible given the make-up of the THE PROPOSED comotive Engineers and sense, necessary measure to protect House and Senate in Kansas. Re- Trainmen is applauding our state’s railroad crew members publicans have held control of both REGULATION the Kansas Department and keep every community along Chambers since 1993, and Kansas READS ofT Transportation (KDOT) for pro- the tracks safe.” has been a right-to-work state for posing a statewide two-person crew According to a KDOT press re- 62 years. But what a difference one AS FOLLOWS: regulation to help ensure safe train lease, “The benefits of the proposed election can make. We got a win K.A.R. [36-43-1]. operations within the state. rule and regulation is railroad and for labor.” Crew Requirements. On July 27, KDOT proposed the community safety, including the Other states with minimum train a. Railroads operating new safety regulation, which would role of two-person crews can play crew requirements are Wisconsin, within Kansas shall maintain a require railroads to maintain a min- in helping to prevent potential ac- Arizona, Oregon, California, West imum of two crew members in the cidents or derailments and in emer- Virginia, Colorado, Nevada, Wash- minimum of two crew cab of the lead locomotive while op- gency situations. Nearly all railroads ington, and Illinois. members in the control erating within the state. in Kansas are currently operating BLET National President Den- compartment of the lead Kansas Governor Laura Kelly two-person crews and will have no nis R. Pierce said: “I thank Gover- locomotive unit of a train. said: “Kansas has faced issues rang- increased labor costs from the im- nor Kelly and the members of the b. Compliance with ing from crew member fatigue to plementation of this regulation.” Kansas Department of Transporta- subsection (a) of this Section derailments, which pose a threat Brother Tyler Jones, Chairman tion for this proposed safety regu- shall not be required during Are you a photographer? The National Division’s images to the “Photo of the Month” section of the News- Please note only high resolution images can be to our safety and security — but of the BLET’s Kansas State Legis- lation. It is essential to have two crew switching operations, brake Public Relations Department, which produces the News- letter. If you’d like to submit a photo for consideration, used. Members are also encouraged to review their by maintaining the current prac- lative Board, said: “When I became members inside the locomotive cab testing, safety inspections, or letter each month, has received numerous inquiries lately you may call Editor John Bentley at (216) 241-2630, ext. employer’s policies regarding the use of cameras and tice of requiring a two-person crew Chairman in April of 2016, a two- to save lives and to ensure the safe from BLET members volunteering to contribute their 248, or you can email: [email protected]. other electronic devices while on duty. we can ensure the health and safe- person crew bill died in the com- operation of trains throughout the while performing setouts in • ty of Kansas workers. This pro- mittee. We didn’t believe a law was state of Kansas.” • conjunction with road service.•