Another Positive Ruling

February 2009 Daily news updates www.ble-t.org ocomotive LEngineers& Trainmen News Published by the BLET, a division of the Rail Conference,• International Brotherhood of Teamsters Historic mural returns to BLET At more than 100 feet long, “History of Locomotives” an imposing piece of art. pg4

FMLA update: Another positive ruling esolution of the Family and Medical Leave Act (FMLA) continues to unfold in a positive manner for Rail Labor as aR group of FMLA arbitrators unanimously overturned additional carrier argu- ments on January 8. After receiving the December 2 Award, which sided unanimously with Labor, the carriers filed a request for interpretation. In the December 8 Award, a panel of three arbitrators ruled that the FMLA policies of the four largest Class I railroads (BNSF, CSXT, NS and UP) violate the industry’s national vacation and personal leave agreements. In the January 2 Award, the arbitrators unanimously rejected the carriers’ suggestions that: 1. Unscheduled leave should be treated differently from scheduled leave for purposes of their ability to force employees to use their paid leave as FMLA leave; Gary Knapp captured these Soo Line Sweethearts in LaColle, Quebec — with its distinctive castle-like ex-customs house and and Delaware & Hudson yard office — on January 29, 2008. Photo: copyright Gary Knapp 2. The BLET personal leave agreement should be treated differently than the other national personal leave agreements for FMLA substitution purposes. “I am pleased the arbitrators unani- BLET leads fight to halt mously agreed with our position,” BLET National President Ed Rodzwicz said. “I ask for patience from our members as SEPTA attack on FELA this lengthy legal process continues to n response to a claim by the South- Philadelphia transportation agency position. The case they’re relying on is unfold.” eastern Pennsylvania Transportation says FELA does not apply contradicted by every other case that has Approximately two years ago, the Unit- Authority (SEPTA) that the Federal decided this issue and is incapable of be- ed States Court of Appeals for the 7th Employers’ Liability Act (FELA) does to commuter rail workers. ing applied in an across-the-board man- Circuit affirmed a lower court ruling that notI apply to its commuter rail workers, ner, as SEPTA suggests. the law did not permit the carriers to the Brotherhood of Locomotive Engineers nia’s Workers’ Compensation Act.” “We will not allow SEPTA to inter- override collective bargaining agreement and Trainmen and other unions on the The suit was filed in the United States fere in the medical treatment of our provisions that gave workers control over property filed suit on January 16, seeking District Court for the Eastern District of members who are injured on the job, scheduling paid leave. The legal process to halt SEPTA’s attempts to force affected Pennsylvania, alleging that SEPTA’s ac- or to deprive our Brothers and Sisters has been ongoing ever since. workers on the job to submit to medical tion violates (1) the FELA, (2) the section of their rights under the FELA,” Rodz- Regarding the first interpretation treatment from the agency’s Workers’ of last year’s Rail Safety Improvement Act wicz added. “SEPTA’s action would ful- question, the Board: “unanimously Compensation department. prohibiting interference in a treatment ly justify our withdrawal from service, agree[d] that, just as no substitution SEPTA took this position in a January plan developed by a worker and his/her but we decided that doing so would have of such days for FMLA leave may oc- 15 letter to the General Chairmen for the treating physician, and (3) the Railway cast an unfortunate and unnecessary cur after such days are set, neither can various crafts in its Railroad Division, Labor Act. pall over the pre-Inaugural activities in it occur before those days are set. We stating that FELA “does not apply to SEP- Commenting on the situation, Nation- Philadelphia this weekend.” see no legitimate distinction between TA,” and that injured commuter rail work- al President Ed Rodzwicz said, “SEPTA Additional developments will be re- Continued on page 5 • ers would be handled “under Pennsylva- has taken an outrageous and untenable ported as they occur. •

The Brave Engineer Inaugural Journal Cab Concerns BLET closes a chapter National Secretary-Treasurer BLET expresses safety and security on the Casey Jones Bill Walpert shares concerns over plans for remodeled • Legacy. pg 2 his experience. pg 6 locomotives at Septa. pg 8 • [2 www.ble-t.org ] Engineers& Trainmen News

A chapter closes on the Casey Jones legacy e is the most iconic locomotive engineer in Amer- ican history — John Lu- ther “Casey” Jones, the brave engineer who sac- rificed himself to save his passengers. HPiloting the “Cannonball Express” on April 30, 1900, Casey Jones stayed at the throttle and gave his life in order to save his passengers as his train plowed into a stalled freight near Vaughan, Miss. His sacrifice reached legendary proportions when his roundhouse friend Wallace Saun- ders, an engine wiper, strung together “The Ballad of Casey Jones.” A professional song- writer picked up the ballad, polished the lyrics, and gave the world one of its most popular folk songs. While almost everyone knows the story of Casey Jones, not many know that he was a dues-paying union member. Jones worked for the Illinois Central Casey Jones in the cab of Engine No. 638 Shown in the window of the cab, his hand on Railroad and belonged to the Brother- the throttle, is John Luther “Casey” Jones, the “brave engineer” who lost his life on April As a member of the BLE, Casey Jones had hood of Locomotive Engineers and Train- 30, 1900, when the 638, pulling the Illinois Central “Cannonball,” was wrecked near life insurance through the Brotherhood’s men. He was a member of BLET Division Vaughn, Miss. In the gangway is J.W. “Bull” McKennie, who fired for two years for Casey. Locomotive Engineers’ Mutual Life and Acci- 99 in Water Valley, Miss. Photo taken in 1900 shortly after he was assigned to this engine, which was equipped dent Insurance Association. Casey’s widow, That Division, unfortunately, is be- with a six-chime whistle, glistening bell and glittering hand rails. Legend has it that Casey Janie Jones, benefited from two $1,500 ing closed after nearly 130 years of op- could make the whistle almost sing. policies. eration. In accordance with Section 37(b) of “Due to the historical importance of The BLET itself was founded as the surrendered its charter 1874. The Division BLET Bylaws, a Division with less than Division 99 — the fact that it was the Brotherhood of the Footboard on May was re-formed and a new charter was 12 active members must be merged with home division of Engineer Casey Jones, 8, 1863, making it the oldest labor union granted on September 6, 1880. A duplicate another Division. the most famous of all BLE members in the Western Hemisphere. In 1864, charter was issued on December 11, 1978, On December 2, 2008, the BLET Na- — Division 99 will remain a ‘de jure’ the union changed its name to Broth- after the 1880 charter was stolen. tional Division merged Casey’s Division Division,” NST Walpert wrote in a let- erhood of Locomotive Engineers, and “Casey Jones is an central component 99 with Division 23, which is located in ter to General Chairman John Koonce. in 2004, became Brotherhood of Lo- of railroad lore and we are proud to call Southhaven, Miss. “Although there will be no officers or comotive Engineers and Trainmen af- him a member of our storied organization,” Even though Division 99 is no more, active members of Division 99, retired ter it merged with the International BLET National President Ed Rodzwicz

it will not disappear entirely, according members may elect to remain in Divi- Brotherhood of Teamsters. said. “Although Division 99 is now merged BLET archives to BLET National Secretary-Treasurer sion 99, or transfer to any division of According to BLET archives, Division with another Division, we are happy to

Bill Walpert. their choice.” 99 was originally founded in 1869, but preserve its historical significance.” • Photos:

T h e Ba l l a d Of Ca s e y Jo n e s This version was considered by Come all you rounders if you want to hear On April 30, 1900, that rainy morn, A story ‘bout a brave engineer, Down in Mississippi near the town of Vaughan, Janie Jones, Casey’s wife, to be the Casey Jones was the rounder’s name Sped the Cannonball Special only two minutes late ‘Twas on the Illinois Central that he won his fame. Traveling 70 miles an hour when they saw a freight. most accurate representation of Wallace’s original version. Mrs. Jones Casey Jones, he loved a locomotive. The caboose number 83 was on the main line, Casey Jones, a mighty man was he. Casey’s last words were “Jump, Sim, while you have the time. spent much of her life refuting some Casey Jones run his final locomotive At 3:52 that morning came the fearful end, With the Cannonball Special on the old I.C. Casey took his farewell trip to the Promised Land. of the vulgar references other versions made about her husband. Casey pulled into Memphis on Number Four, Casey Jones, he died at the throttle, The engine foreman met him at the roundhouse door; With the whistle in his hand. Said, “Joe Lewis won’t be able to make his run Casey Jones, he died at the throttle, So you’ll have to double out on Number One.” But we’ll all see Casey in the Promised Land.

If I can have Sim Webb, my fireman, my engine 382, His wife and three children were left to mourn Although I’m tired and weary, I’ll take her through. The tragic death of Casey on that April morn. Put on my whistle that come in today May God through His goodness keep them by His grace Cause I mean to keep her wailing as we ride and pray. Till they all meet together in that heavenly place.

Casey Jones, mounted the cabin, Casey’s body lies buried in Jackson, Tennessee Casey Jones, with the orders in his hand. Close beside the tracks of the old I.C. Casey Jones, he mounted the cabin, May his spirit live forever throughout the land Started on his farewell journey to the Promised Land. As the greatest of all heroes of a railroad man.

They pulled out of Memphis nearly two hours late, Casey Jones, he died at the throttle, Soon they were speeding at a terrible rate. Casey Jones, with the whistle in his hand. And the people knew by the whistle’s moan. Casey Jones, he died at the throttle, That the man at the throttle was Casey Jones. But we’ll all see Casey in the Promised Land.

Need more coal there, fireman Sim, (Lyrics from www.trainweb.org) Open that door and heave it in. Give that shovel all you got Casey Jones And we’ll reach Canton on the dot [ FEBRuary 2009 3]

2009 Calendar Education & Training travels & Events ach year, the BLET’s Education March 1-6, 2009 and Training Department hits BLET Education the road to provide valuable & Training Department Eclassroom training to elected BLET Legislative Representative officers. Workshop “The BLET is a service organiza- The BLET Education & Training De- tion and our goal is to meet the needs 1 partment is coordinating a workshop for of the membership,” said, BLET Na- 8 all BLET Legislative Representatives at 9 tional Secretary-Treasurer Bill Walp- 7 Teamster headquarters in Washington, 4 ert, who is also Chairman of the Ed- 5 D.C. Registration is on a first come, first ucation and Training Department. served basis. Register online at http:// 6 “Members expressed a strong interest 11 www.ble-t.org/lr. For details, contact in more educational opportunities 10 Ken Kroeger, [email protected], or call close to where they live and work, so (216) 272-0986. the Education and Training Depart- ment travels the country each year March 22-28, 2009 conducting numerous workshops as 2 Advanced Local Chairman a service to the members.” Workshop 3 In 2008, the Education and Train- The BLET Education & Training Depart- ing Department traveled from coast On ment will conducted an Advanced Work- to coast, conducting workshops for shop for all BLET Local Chairmen at the Local Chairmen, Secretary-Treasur- The Road University of Illinois in Champaign, Ill. ers, Legislative Representatives and Prerequisites for the class include: Suc- General Chairmen. In all, more than cessful completion of the first Local Chair- 2008 Workshops 5. March 16-21: Local 2008 Regional 500 elected BLET leaders completed man Workshop; and you must be a cur- Chairman Workshop - Cham- Meetings training at these workshops in 1. January 27-30: rent Local Chairman or on the Local paign, IL 2008. Secretary Treasurer LM-2 8. June 15-19: Committee of Adjustment. Registration is The Department will ramp up their Workshop - Madison, WI 6. March 30-April 3: SMA - Montgomery, AL on a first come, first served basis. Register General Chairman Workshop training in 2009, due to the upcom- 2. February 24-27: Secretary 9. July 6-10: online at http://www.ble-t.org/lc. For de- — St Louis, MO ing triennial elections. The Brother- Treasurer Workshop — Dallas, TX EUMA — Sawmill Creek, OH tails, contact Ken Kroeger, Kroeger@ble-t. hood’s newly-elected officers will re- 7. November 2-6: Local org, or call (216) 272-0986. 3. March 2-5: Secretary 10. August 17-10: quire training so they can perform Chairman Workshop — National Treasurer Workshop IWC — San Louis Obispo, CA their jobs properly. Labor College, Silver Spring, MD July 5-9, 2009 Be sure to monitor the BLET web- — Jacksonville, FL 11. September 14-19: 71st Annual Eastern 8. December 14-17: site, www.ble-t.org, for the latest in- 4. March 9-14: Legislative SWCM - St Louis Union Meeting Association, Secretary Treasurer Workshop formation regarding upcoming Edu- Representative Workshop Philadelphia, Pa. — Cleveland, OH cation and Training Department — Washington, DC Brother Sean Simon, Vice President of workshops in your area. BLET Division 226 (Newark, N.J.), is Ar- rangements Chairman of the 2009 EUMA in Philadelphia, Pa. It will be held at the Hyatt Regency Philadelphia at Penn’s Land- ing (201 S. Columbus Blvd., Philadelphia, PA 19106: Phone: (215) 928-1234. The Increased risk for switching room rate will be $169 per night. To contact Brother Simon, call (609) 558-6405 fatalities around the holidays or email: [email protected]. July 28-August 1, 2009 Weather inter weather brings “Risk takes no holiday on the main focused on the tasks at hand Military Railway Service risk to switching railroad” during the busy holiday season. Reunion Advisory operations, and all The SOFA Working Group has “Stay on your feet, not on your Organizers are planning a large re- BLET members analyzed statistics dating to 1992, seat” union of MRS veterans who served during Injuries resulting whoW work in yard operations are and has concluded that the period The SOFA Working Group also WWII and Korea, which will be held at from slips, trips reminded to recognize special from December 22 to January 14 reported that injuries resulting Ft. Eustis, Va., as part of the Army’s Trans- and falls spikes switching hazards during winter is particularly problematic. from slips, trips and falls always portation Corps week. More details com- ing soon. Email Mark Metz for details: m- during Winter months. “While realizing that fatalities increase in winter months. The Switching Operations Fa- occur at all times of the year, Of 1,448 severe injuries, 605 [email protected]. months. talities Analysis (SOFA) Working there seem to be a cluster in this — 41.8 percent — resulted from Group recently issued its quar- 24-day period,” the report reads. slips, trips and falls. August 9-14, 2009 terly advisory for December, Jan- “It is not clear to the SOFA Work- Slips, trips and falls can occur 69th Annual International Western Convention, uary and February. The report ing Group why this should be. due to many things (oil, grease or Green Bay, Wisc. noted that switching fatalities and However, unfortunately, employ- other slippery substances, ballast, Brother John Reynolds, Wisconsin Cen- SOFA-defined severe injuries are ees engaged in switching opera- spike, etc…). However, members tral General Chairman and member of historically higher in winter tions have lost their lives around should be increasingly aware of BLET Division 209 (Green Bay, Wisc.), is months and members are urged the holiday season.” climatic conditions (snow, ice, • Chairman of the 2009 IWC in Green Bay, to take caution. Members are reminded to re- etc…) during winter months. Wisc. It will be held at Radisson Hotel & Conference Center Green Bay (2040 Air- port Drive, Green Bay, WI 54313: Phone: (920) 494-7300). The room rate will be NASLBC announces 2009 annual meeting $94 per night. To contact Brother Reynolds, call (920) 462-4509 or email: JReynolds- he National Association of State well as offering assistance to newly elect- The NASLBC was first established by a [email protected]. Legislative Board Chairmen ed Chairmen. Meetings are conducted in small group of concerned former BLE State (NASLBC) will convene their 2009 an open forum and associate BLET offi- Chairmen in 1975, and it has grown to September 13-16, 2009 annual meetin in Philadelphia, Pa., cers are always welcomed to attend and meet the demanding needs of the mem- 75th annual Southwestern at the Hyatt Regency-Penn’s Landing from partake in the activities (except closed bership through the years. Convention Meeting, Kansas June 30-July 3. meetings). The NASLBC is comprised of 38 State City, Mo. The meeting is scheduled to coincide It is expected that officers from the BLET Legislative Boards across the United States Mike Zennter, ST of Division 130, is with the Eastern Union Meeting Associa- National Division will be in attendance to and represents thousands of hard-working Host Chairman of the 2009 SWCM in tion (EUMA) annual convention, which make several informational presentations members of the BLET. Kansas City at the Hyatt Regency Crown will take place at the same hotel from July at the meeting, including National Presi- More information can be secured by Center (2345 McGee St., Kansas City, 5-9, 2009 dent Ed Rodzwicz, First Vice President Paul contacting Tim Smith, NASLBC Chairman MO 64108: Phone: (816) 421-1234). The The BLET State Legislative Board Chair- Sorrow, National Secretary-Treasurer Bill at: [email protected]; or Ken Kertesz, room rate will be $139 per night. To con- men convene annually for the purposes Walpert, and Vice President & National NASLBC Secretary-Treasurer, at: kkertesz@ tact Brother Zenner, call (816) 804-9107or of sharing legislative issues and ideas as Legislative Representative John Tolman. comcast.net. • email: [email protected]. [4 www.ble-t.org ] Engineers& Trainmen News Historic mural returns to BLET A significant piece of art history was returned to the Brotherhood of Locomotive Engineers and Trainmen in late October. n immense mural, titled “History of United States Locomotives,” originally commissioned by the BLET in 1937, came home to the Brother- hood after nearly a decade “on loan.” It isA a unique and interesting story. The mural was commissioned in 1937 to hang in the lobby of the Engineers Building in downtown Cleveland, the former national headquarters of the union. The massive mural stands nearly four feet tall and stretches 102 feet in length. In 2006, the Cleveland Artists Foun- dation published a report titled “Covering History: Revisiting Federal Art in Cleve- land 1933-1943.” The author describes the BLET mural as follows: “This monumental work consists of 15 panels, each depicting a stage in the development of railroad transportation in the United States. The simple figures, strong compositional patters and the sheer size of the mural (approximately 100 feet running) make it quite dramatic.”

The Artists Artists Earl J. Neff and Leo Nowak were hired for the project in 1937. The The 100-foot long mural chronicles the mural shows the progression of locomo- progression of railroading in the United tives in America, from a legendary race States, highlighting the evolution of between a steam powered rail car and a locomotives from the earliest days of horse drawn wagon, to the sleek stream- railroading until 1937 when the mural lined steam engines of the mid 1930s. was completed. Neff, a prominent artist, painted many other murals in the Cleveland area dur- across the street to the union’s other sky- ing the Depression era. Nowak rose to scraper office building, the Standard fame shortly after completion of the Building. BLET mural. He became one of the ear- The mural was removed from the lob- liest illustrators of the Superman comic by of the Engineers’ Building when it was books, working out of the DC Comics demolished in 1989. The mural was placed studio in Cleveland (the city where Su- in storage in the Standard Building while National Division held its Christmas par- After retrieving it from the Cleveland perman was created). union leaders decided what to do with it. ty there twice over the years. Artists Foundation, the BLET made a $500 Neff and Nowak were paid $700 for However, a new owner brought change donation to the non profit organization. the mural. Loaned to NBA Franchise to the franchise. And while the fortunes The BLET hired a moving company A young architect who was hired to of the team have improved, the mam- to retrieve the mural, and it was returned Mural’s History help BLET leaders design their new of- moth BLET mural wasn’t part of their to BLET headquarters on October 30. The mural graced the lobby of the En- fices in the Standard Building also hap- rebuilding program. gineers’ Building for more than 50 years. pened to be working with the Cleveland Back Home In the late 1980s, the city of Cleveland Cavaliers National Basketball Associa- Mural Mistakenly Donated It is unlikely the BLET will let the mu- was enjoying a renaissance. Tax payers tion franchise on their new arena. She The new owner, Dan Gilbert, reno- ral out of its possession again. It is a pow- had just approved funding for a new ma- became aware of the BLET mural and vated The Depot Room and removed the erful piece of art that evokes awe and jor league baseball field and a new indoor suggested it a loan involving the Cava- mural. The Cavaliers organization, clear- wonder in those who view it. arena for the city’s professional basketball liers. ly unaware of their legal obligation to Temporarily, the mural is in storage while team, the Cleveland Cavaliers. BLET attorneys drafted a legal docu- return it to the BLET, donated it to a lo- renovations are made to put it on permanent As good as this was for the city, it ment that gave the Cavaliers ownership of cal Cleveland art gallery. That gallery, in display at BLET headquarters in Cleveland. spelled bad news for the BLET. Develop- the mural, so long as it was displayed in turn, donated it to another gallery. The The BLET is also considering ways to re- ers seeking to capitalize on the building their facilities. If they were to remove it, mural exchanged hands several times produce the mural, such as calendars, post boom in downtown Cleveland convinced then it had to be returned to the union. before it would up in the hands of the cards, and high quality prints. members of City Council that the loca- The Cavaliers organization spent more Cleveland Artists Foundation. “We’re ecstatic to have the mural back tion of the Engineers’ Building would be than $50,000 to clean, restore and mount Unaware that the mural had been mis- home where it belongs,” BLET National a perfect location for a new hotel. They the mural on aluminum backing. The takenly donated, Tom Grdina, Manager Secretary-Treasurer Bill Walpert said. “I successfully convinced city leaders to ag- murals were displayed in a special court- of the BLET’s Standard Building, decided encourage all BLET and Teamster mem- gressively pursue acquisition of the En- side lounge for season ticket holders on a whim to contact the Cavaliers re- bers to come see it in person as photos gineers’ Building from the BLET with dubbed “The Depot Room,” which the garding the mural. After finding out it do not do it justice because of its immense the threat of imminent domain. Cavaliers decked out with a railroad was no longer in their possession, Tom size and scale.” Rather than spend millions in a lengthy theme to compliment the murals. played detective for several weeks, mak- NST Walpert also thanked Tom Gr- lawsuit, BLET leaders at the time agreed The murals were on display there for ing countless telephone calls to track down dina for his dogged determination to to sell the building to the city and move more than a decade. In fact, the BLET the location of the beloved mural. track down and reclaim the mural. • [ FEBRuary 2009 5]

L a s t R u n s Members of BLET Division 421 (Buffalo, N.Y.) held a retirement party to honor William P. “Bill” Brady following his Last Run

Warren S. Stone held the Brotherhood’s highest office from 1903-1924. An oil portrait on November 7, 2008 of Brother Stone, right, is similar to an image in the recently re-acquired “History of From left: Jim Louis, New York State Legisla- Locomotives” mural. tive Board Chairman; Tom Roberts, Conrail (SAA/CSX-Northern District) General Chair- man; Retiree Bill Brady; and Ed Rodzwicz, BLET National President.

Chairman of the New York State Legisla- tive Board. He served the Brotherhood as Local Chairman of Division 544 prior to its merger with Division 421. rother Brady hired out on the “He one of the priceless assets of Divi- Lehigh Valley Railroad in Feb- sion 421,” said Chairman Louis, also a ruary of 1966 and earned pro- Division 421 member. “Bill rarely missed motion to Locomotive Engineer a meeting and was always there to men- Bin March of 1968. He joined the BLET tor many of the officers and the members on November 1, 1973. of our division.” “He has worked for the Lehigh Valley, His son Ryan, has followed is father Peter M. Arthur, the longest-serving President in Brotherhood history (1874-1903), Conrail and then CSX for 42 years with railroad footsteps and is now a conductor may also appear in the mural. a spotless safety record,” said Jim Louis, for CSX. •

FMLA headline Award therefore bars substitution of paid personal leave under the BLET Former BLE Chiefs Continued from page 1 • national personal leave agreement.” the two. The carriers are therefore not The unions are now preparing for the permitted to require substitution of remedy phase of the arbitration. It is depicted in mural? paid personal leave and/or single vaca- expected that a decision on that issue tion days for FMLA leave before those will be issued sometime this spring. At- ome locomotive engineers in the union’s top office from 1903-1924. days are set.” torneys Mike Wolly and Margo Pave of the mural bear a striking re- Combined, the men led the Brother- Regarding the second, the arbitrators the firm Zwerdling, Paul, Kahn & Wol- semblance to two past leaders hood for more than 50 years. Arthur is wrote that they: “similarly see no dis- ly, P.C., are handling the case for BLET of the organization. While credited with keeping the organization tinction that would vary the impact of and several other Rail Labor unions. many engineers in the mural from unraveling during its tumultuous our Award, which we intended to apply More information regarding subse- are non-descript, a few were painted with early days. He brought the union from to [the BLET] agreement’s subject mat- quent hearings will be made available on great detail. the brink of collapse to one that was ter just as it does to all the others. Our the BLET website. • For example, the engineer in one pan- thriving when he died in office in 1903. el looks remarkably like former Grand Stone is credited with building the union Chief Engineer Warren Stone. into the wealthiest and most powerful Locomotive Engineers & Conductors In another case, an engineer looks a union in the world when he died in of- lot like former Grand Chief Engineer Peter fice in 1924. Mutual Protective Association M. Arthur. The mural was commissioned during Arthur was the longest-serving and most- the tenure of Grand Chief Engineer Al- 4000 Town Center • Suite 1250 • Southfield, MI 48075-1407 highly respected Chief in the BLE’s history. vanley Johnston, who served from 1927- (800) 514-0010 • (313) 962-1512 He served from 1874-1903. 1950. It’s possible that Johnston chose Stone was Chief during the BLE’s fi- to honor these past leaders in some Fax: (877) 633-1910 • E-Mail: [email protected] • Web: www.lecmpa.org nancial peak, and spearheaded con- small way by including them in the mu- struction of the union’s two downtown ral. However, this is merely speculation. headquarters building, the former Engi- All BLE officials from that era have neers Building (1910-1989) and the Stan- passed and no one is left to confirm dard Building (1925 to present). He held these suspicions. •

Job Protection Headquarters for Transportation Employees Since 1910 [6 www.ble-t.org ] Engineers& Trainmen News An inaugural journal BLET’s Bill Walpert was one of 2 million witnesses to President Obama’s inauguration By William C. Walpert National Secretary-Treasurer t was with excitement and a little trepidation that my wife Janet and I loaded our bags in our min- ivan and headed east to Wash- ington, DC. We were on the road to share in history—the inauguration of the 44th President of the United States—BarackI Obama. Upon arrival in Washington, the an- ticipation of a momentous event was pal- pable as we drove through the crowds. Patience was a necessity as we waited for the waves of tour buses to maneuver through the congested downtown streets. We checked into our hotel on Capitol Hill, only blocks from the site of the inauguration ceremonies on the Capitol Mall. After a quick dinner with First Vice President Paul Sorrow who had also just arrived from Ohio, we called it an early night once we had reviewed the jam- packed itinerary for the next few days. On Sunday we were fortunate enough to get tickets to the Ohio Gala held at the Luke SharrettLuke Mayflower Hotel, thanks to Vice President and National Legislative Representative Photo: John Tolman. At the gala we ran into sev- The Obama Express, a special Amtrak train, safely brings the president-elect and his family to Washington, D.C. eral BLET members, including Bill Ver- deyen, Indiana State Legislative Board Chairman, and his wife Sue; Herb Harris, Chairman of the District of Columbia Leg- islative Board; Bob Hagan, member of Division 757 and Ohio State Representa- tive. The effervescent mood of those present augured the feeling of the city as it readied for the historic inauguration. After attending several preliminary events, including a reception for Senate Majority Leader Harry Reid and a break- fast for the Democratic Governors’ As- Bill Walpert braves the cold sociation at the IBT headquarters, it was to witness the inauguration. finally inauguration day. On the sunny albeit bitterly cold day, we walked the few dren that she was a part of history. blocks to the National Mall and joined Once we made our way to the assigned the boisterous but polite crowds as they area where we were to watch history in the lined up for blocks. making we could only barely make out the The Midwest Ball allowed Brother Walpert to catch a glimpse of the President and First Lady. I was astonished at the demeanor of stage, but the excellent big screen and pub- those who waited patiently in the long lic address system allowed us to see and tude, estimated to be two million people, there, sharing in the jubilant atmosphere. lines. There was no shoving or cutting in hear everything that was going on. It was was in a buoyant mood, graciously al- When President Obama and his wife Mi- line. Everyone of the diverse multiethnic my impression that President Obama’s lowing lines to merge, smiling and flash- chelle entered the large hall, everyone throng was in high spirits and participat- speech was not designed to be an oratori- ing the peace sign. They were tired, some crowded to get a glimpse of the new pres- ing in the spirit of cooperation and the cal masterpiece, but a down-to-earth ac- standing since four a.m., and cold, but ident. They danced to the sounds of the sense of a new beginning. A young couple count of the obstacles America faces and their spirit was unflagging. National Coast Guard band and the Pres- ahead of us in the line talked of the great how we must address those hurdles in a That evening, thanks to Christie Bai- ident spoke to us, saying “let’s now get to opportunities available to America as the steadfast and unswerving line of attack. ley of the IBT, were able to procure tickets work putting this country back on track.” father held their weeks’ old baby. He com- Walking back from the Mall after the to the Midwest ball held at the convention Emotional and poignant words spoken mented that the infant can tell her chil- conclusion of the ceremonies, the multi- center. People from all walks of life were by our new Commander-in-Chief. • Think spring! ties unique to the Gatlinburg area (Dollywood theme Plan ahead for SMA in Gatlinburg, Tenn. park and Splash Country in nearby Pigeon Forge; It may still be winter, but it’s an excellent time aquarium; a hay ride through the Great Smoky Moun- to plan ahead for the first BLET regional meeting of the tains National Park; and a barbeque with live blue year — the 82nd annual BLET-BLET Auxiliary Southeast- grass music). ern Meeting Association (SMA) in Gatlinburg, Tenn. “Gatlinburg is a great family vacation,” said SMA Slated for June 7-11, 2009, guests will stay at the Park Chairman John Mason, who is organizing the conven- Vista Hotel & Conference Center, a destination in itself tion with the help of his wife Lori and the members of with rooms offering 360-degree views of the Great Smoky BLET Division 239 (Knoxville, Tenn.). Brother Mason is Mountains. Local Chairman of Division 239. Reservations can be made by calling the hotel — He also noted that a free trolley service runs be- which is located at 705 Cherokee Orchard Road, Gatlin- tween Gatlinburg and Pigeon Forge every 30 minutes burg, TN 37738 — at (865) 436-9211. More informa- all day long. tion about the hotel is also available online at www. Registration information and specific convention de- parkvista.com. Room rates are $103 per night. Deadline tails will be made available soon. for room reservations is May 1 — after that, rooms may The 2009 SMA will offer the traditional leisure time For more information, please contact Brother Mason courtesy Gatlinburg Chamber of Commerce not be available, or may be significantly more expensive activities, including the annual motorcycle ride and golf at: (865) 523-2684; or email [email protected]

than $103 per night. tournament, as well as numerous family-fun opportuni- or [email protected]. • Photo: [ FEBRuary 2009 7]

>> Federal Employers’ Liability Act (FELA) receives disability payments. were from a collateral and thus not deductible. The railroads want to source, such that railroads Gardner was successful in There is no disability encourage the jury to payments to the RRA arguing that the trial court speculate on whether or not fund based on employee’s properly disallowed the plaintiff is properly receiving employment could not be setoff. Gardner and Eichel set-off for tier II a disability and/or a regular set off against employee’s are good law and a railroad’s annuity pension under the FELA award. request for a set off should be Railroad Retirement Act and denied in all cases. therefore improperly reduce (2.) FELA set off provi- tax benefits his damages and lost wages sions did not apply to Conclusion accordingly. The Tier I and RRA benefits. Based upon CSXT’s Tier II tax setoff and/or the tactics it is clear that the under the FELA annuity itself which the The defendant, CSXT’s, railroads are still attempting he Supreme railroads want to eventually position was unanimously to undermine FELA and Court in Eichel introduce in at all FELA rejected and Gardner’s attempting to limit the rights “BLET designated left no doubt, in trials is a ploy to alert the position was sustained. of their workers. Luckily, reversing the jury to plaintiff’s receipt of CSXT’s argument for a setoff BLET designated counsel are legal counsel are Second Circuit, an annuity. The defendant claiming that Gardner got a opposing these attacks on that receipt of disability railroads hope that the windfall at CSXT’s expense the rights of our railroad opposing these benefits under a Federal annuity amount will then be was rejected by the Gardner clients. Statute, the Railroad Retire- used to reduce plaintiff’s Court. In effect, CSXT Submitted by: attacks on the ment Act, was to be excluded wage loss or to paint him as claimed that it was, in effect, in all FELA trials as possible a “free loader” in direct required to pay twice for rights of our misuse by the jury out- contradiction to the Eichel Gardner’s lost wages; first, by weighed the value of such holding and the legislative contributing to the fund evidence. Eichel has been intent of the FELA. used to pay Gardner’s railroad clients.” good law since 1963 and it In CSX Transportation, disability annuity; and has not been changed. Inc. v. Gardener, 874 N.E.2d second, by paying Gardner Our firm has noticed 357 the Court of Appeals of for his lost wages as part of railroads now want to place the State of Indiana, in the FELA awardt. Gardner, John Collins and the Tier I and Tier II Rail- applying Eichel and the on the other hand, argued Pat Donoghue road Retirement tax before federal collateral source that the annuity he receives Collins, Collins & Donoghue, the Court and/or the jury rule held: pursuant to the RRA Fund P.C. 267 North St. seeking a set-off with the (1.) Disability annuities should not be regarded as Buffalo, NY 14201 intent of prejudicing the received by employees payment from the tort feasor Phone: (716) 885-9700 or plaintiff by claiming he is from the RRA (Railroad CSXT, but as payment from (800) 933-8195 not working because he Retirement Act) fund a federal “collateral source” Fax: (716) 885-9770

BLET Auxiliary BLET Auxiliary offers 2009 scholarships Editor’s Note: he BLET Auxil- must have a parent participat- Due to a printer’s error, iary offers $1,000 ing in the IWC. out of date scholarship scholarships an- In order to continue to be information from 2008 was nually to help the eligible for the joint Auxiliary- accidentally published last children of BLET IWC-EUMA scholarship be- month in the 2009 BLET and Auxiliary members real- yond the first quarter and/or Scholarship Directory. Be Tize their goals in life. semester, the recipient must advised the following is the There are two very strict maintain satisfactory academ- most up-to-date scholarship guidelines that must be met ic status. If the applicant is a information from the BLET in order to be eligible for Aux- graduate student or returning Auxiliary, and members iliary scholarships. First, the to school as a sophomore, ju- should disregard the Auxil- applicant must be a son or nior or senior, he or she must iary information published daughter of both an Auxil- have a 3.0 grade point average in the January issue. iary and BLET member (living or better to be considered. The or deceased), with each being applicant must also be accept- a member for two years. Sec- ed to an accredited school. The ond, the applicant must be deadline for all Auxiliary-ad- enrolled or accepted for en- ministered scholarships (in- rollment in an accredited uni- cluding joint EUMA and IWC versity, college or school of scholarships) is April 1, 2009. higher learning. Late applications will not be In addition to its own considered. scholarships, the Auxiliary is Auxiliary application forms administering one special are online at: http://www.ble- scholarship for the Eastern & Mary M. Collins Memo- arship must have a parent tauxiliary.net, or you can link Union Meeting Association rial Scholarship is for chil- participating in the EUMA. from the BLET Website under (EUMA) and two for the In- dren of members participat- The Auxiliary also offers a “Departments.” ternational Western Conven- ing in EUMA. This covers joint scholarship program for In addition to the application (IWC) in 2009. Auxil- Divisions, Auxiliaries and children of members partici- tion, the Auxiliary website iary membership is not a Members-at-Large in the fol- pating in the IWC. This covers provides scholarship appli- requirement to apply for these lowing states: Connecticut, Divisions, Auxiliaries and cants with more detailed in- three special scholarships. If Delaware, Illinois, Indiana, Members-at-Large in the fol- structions on the application applicants are not awarded Maine, Maryland, Massachu- lowing states: Arizona, Cali- process. one of these scholarships and setts, Michigan, New Hamp- fornia, Colorado, Idaho, Min- Mail completed forms to: a parent is not a member of shire, New Jersey, New York, nesota, Montana, Nevada, Anita J. Caruso, National Sec- the Auxiliary, then they are Ohio, Pennsylvania, Ver- New Mexico, Oregon, Utah, retary, 3341 S. 112th Street,

iStock not considered eligible for any mont, Washington D.C., and Washington, Wisconsin, and Omaha, NE 68144-4709. For Auxiliary scholarships. West Virginia. Applicants for Wyoming. Applicants for the details, email Sister Caruso at:

Photo: The John Thomas Collins the Auxiliary-EUMA schol- Auxiliary-IWC scholarship [email protected]. • [8 www.ble-t.org ] Engineers& Trainmen News

A message from Photo of the Month Teamsters General President James P. Hoffa Change We Can Believe In No president since Franklin D. Roosevelt has had the opportunity to positively impact the lives of every Amer- ican that Barack Obama has before him. He has inherited quite a mess, but I know that he is up to the challenges that lie ahead. Working families across the Midwest have long suffered the effects of a de- clining industrial base. More recently the housing market’s disintegration spread the pain to Southern California, Ohio, Nevada, Arizona and Florida. Finally, America’s deep troubles swamped everyone when the global financial system teetered on the brink of collapse. It didn’t happen by accident. It hap- pened because Wall Street captured our government and held the middle class hostage. Under the Bush regime, Amer- ica became a place where financial plunderers were rewarded lavishly and work was no longer respected. In 2007, SEPTA cab concerns Philadelphia’s commuter rail system, Southeastern Pennsylvania Transportation Authority the top private-equity and hedge fund (SEPTA), is ordering 120 new Silverliner V railcars for $274 million, but the BLET is raising the red flag regarding the safety and managers earned more in 10 minutes security of the new units. After examination of a prototype, BLET First Vice President Paul Sorrow met with Philadelphia Mayor than average workers earned all year. Michael A. Nutter to make him aware of the BLET’s concerns. Brother Sorrow reports the meeting was successful and says the It wasn’t important anymore to make Brotherhood is currently engaged in discussions with SEPTA to make sure the new units include improved safety and security sure middle-class workers earned decent measures for the protection of BLET members and the traveling public. Photo: by H. Rumph Jr. wages. The Labor Department became a useful tool for predatory employers. Advisory Board December Activity Vice-President E.L. “Lee” Pruitt — Assisted general chairmen & members Labor Secretary Elaine Chao ignored of: UP-Western Lines; UP-Western Region; UP-Central Region; UP-Southern Region; In accordance with the BLET Bylaws, summaries of BLET flagrant union busting and the wide- UP-Tacoma Belt; Office duties, paper work, filing and calls. AdvisoryBoard members’ activities are published monthly: spread theft of wages and benefits. Vice-President & National Legislative Representative John P. Tol- Nor did it matter any more if people National President Edward W. Rodzwicz — National Division office: man — Assigned to BLET Washington, DC office; BLET Security Officer; General General supervision of BLET activities; General office duties; Various correspon- Office Duties, telephone, correspondence; Coordinate content of NLO website; were killed or maimed on the job or in dence & phone calls; President, Teamsters Rail Conference. Continued coordination w/ IBT Government Affairs Dept.; Coordinated PAC con- transit or in their homes. OSHA simply First Vice-President and Alternate President Paul T. Sorrow — Per- tributions; Attended RSAC mtgs. throughout December; Mtg. on hazmat issues; quit enforcing workplace safety rules. formed various duties in Office Administrator capacity; Various duties assigned Association of American Railroads mtg.; PTC interoperability briefing; Mtg. w. De- We opened our borders to dangerous to First Vice President; Various correspondence and telephone communications; partment of Transportation and Obama transition team; Advisory Board meeting, General supervision of Special Representatives; Thanksgiving; National Handing Cleveland; Organized Legislative Representative Workshop planning conference Mexican trucks and our markets to Chi- Working Group, National Division Office, Cleveland, Ohio. call; Attended various fundraisers. nese goods, but we didn’t require them National Secretary-Treasurer William C. Walpert — General supervi- Vice-President Marcus J. Ruef — Assigned to Amtrak; Port Authority to meet U.S. standards. sion of BLET financial, record depts.; ND office; BLET Education & Training Dept.; Trans Hudson (PATH); Long Island Railroad (LIRR); Southeastern Pennsylvania Trans- Somehow we forgot that our prosper- Internal Organizing, Mobilizing & Strategic Planning Dept.; Safety Task Force; portation Authority (SEPTA); New Jersey Transit (NJT); MNR; Norfolk Southern-All Meetings with vendors and financial institutions; Standard Building operations General Committees; Wheeling & Lake Erie; and NYAL; Study for PLB 7159, NS-S; ity and growth depended on a solid in- oversight; Joint Division Christmas party, Shreveport, La.; Joint Division Christmas PLB 7159 arbitration, Norfolk, Va.; Assist GC Dixon w/ letter, Septa; Letter to GC dustrial base. In the name of a pleasant party, Kansas City, Mo.; Advisory Board mtg., Cleveland. Knight, re: Speeding, NS-E; Dissent for PLB 7079, NEC; Div. 607 mtg. and Christ- fantasy called “free-trade” we sent our Vice-President Richard K. Radek — ND Office; BLET Decertification mas party, NS-N, Cleveland; Div. 590 mtg., NS-N, Pittsburgh; Advisory Board factories overseas and pauperized the Helpline services; Director of Arbitration Dept; National Railroad Adjustment Board mtg., Cleveland; SBA 1063 prep and Executive Session, NS-N, Chicago; Assist (NRAB); Illinois Central; Wisconsin Central; Indiana Harbor Belt; METRA; Belt Rwy. VGC Wallace with investigation, NS-S, Manassas, Va.; PLB 7159 awards adop- workers left behind. Regulatory agencies of Chicago; Chicago Central & Pacific; Duluth, Missabe & Iron Range; Routine office tion, NS-S; Assist GC Quinn, LIRR; Holiday; Assist Div. 659 LC T. Curran prepare created to serve and protect the middle duties, Chicago and Cleveland; Mtg. w/ VGC Hill, re: Alexander (240.409) case; for investigation, NS-N; Research RCO issues, NS-S. class were allowed to atrophy. Our in- Nat’l Wage/Rules Committee, Septa; Mtg., re: PLB 6936 representation issues, CSX; Vice-President Dennis R. Pierce — Assigned to all CSX General Commit- frastructure crumbled. Remote control, manning case work, BRC; FRA Part 240.409 dockets this month: tees — Eastern Lines, Western Lines, Northern Lines, Conrail (SAA/CSX-Northern EQAL 05-59 (CSX), 00-42 (NS), 03-47 (BNSF), 07-14 (Septa), 07-32 (UP), 07-38 District) — and Indiana Rail Road, Alabama State Docks; Special projects, BNSF I have confidence that President (UP), 07-11 (VTI), 06-17 (KCS), 07-44 (NS), 02-04 (UP), 05-54 (CSX), 07-48 (UP). GCofAs; General office duties; Arbitration/ Public Law Boards, CSX-N, CSX-W, Obama understands the cause and the Vice-President Merle W. Geiger Jr. — Assigned to: BLET Trainmen’s De- CSX-E GCofAs; CSX SSA dispute resolution committee, Jacksonville, Fla.; Mtg,, consequence of our decay. He said he’ll partment; Kansas City Southern; Texas-Mexican Rwy.; Midsouth Rail; Southrail; BLET and CSX Executive Vice President Tony Ingram, Jacksonville; Mtg., BLET and review bad trade deals like NAFTA, and Gateway Western; CP Rail System/U.S.; Portland & Western RR; Great Western CSX management on rail safety bill impact, Jacksonville; BLET Christmas party, Kan- RR; Christmas dinner w/ Division 599 (KCS), Shreveport, La.; Mtgs. w/ GC Parker, sas City, Mo.; Advisory Board mtg., Cleveland; Public Law Board 6936, CSX-N, I believe him. I also expect him to sup- GC Clark, UTU and Kansas City Southern, Kansas City, Mo.; Christmas dinner w/ Chicago. port reforms that set standards for trade Division 573 (KCS), Greenville, Texas; Advisory Board mtg., Cleveland; Vacation; Vice-President Mike Twombly — Assigned to Delaware & Hudson; agreements, restore congressional over- Holidays; Research, correspondence and general office duties. Springfield Terminal; St. Lawrence & Atlantic; Montreal, Maine & Atlantic; Union sight and require reviews of existing Vice-President Stephen D. Speagle — Assigned to Burlington Northern Railroad; Birmingham Southern; New York, Susquehanna & Western; New England Santa Fe, Montana Rail Link, Pacific Harbor Line, Missouri & Northern Arkansas Central; South Buffalo Rwy.; Iowa, Chicago & Eastern; Indiana & Ohio; Indiana trade pacts. (M&NA), National Wage/Rule Committee; General office duties; Mtg. w/ GC Southern; Louisville & Indiana; Meridian Southern; Talleyrand Terminal Railroad; Pre- I expect him to start the long, slow Gibbons, BNSF, Fort Worth, Texas; Public Law Board 6659, PHL, Washington, pare for IC&E mtgs.; Various mtgs. w/ BLET Organizing Director Tom Miller; Advi- process of restoring our regulatory D.C.; Division 155 mtg., BNSF, Decatur; PLB 7151, BNSF, Chicago; Vacation; sory Board mtg., Cleveland; IC&E mtgs., Sioux Falls, S.D.; Mtg. w/ H. Ross, Merle agencies so they do what they are sup- Holiday; Mtg. w/ BLET General Chairmen and BNSF vice president, Fort Worth. Geiger and MMA, re: negotiations; Holidays; Prep. for IC&E Section 6 notices. posed to do. He has, for example, pledged that he will close the border to dangerous Mexican trucks. Locomotive Engineers And Trainmen News He supports the most significant la- Brotherhood Of Locomotive Engineers And Trainmen Periodicals Postage bor law reform in decades: the Employee A Division Of The Rail Conference, PAID Free Choice Act. Passage of that bill will at Cleveland, OH., restore some balance to the relationship International Brotherhood Of Teamsters between Wall Street and workers. Incom- BLET Publications Committee: Edward W. Rodzwicz, National President ing Labor Secretary Hilda Solis will re- Paul T. Sorrow, First Vice-President & Alternate President vive OSHA and fine abusive employers. William C. Walpert, National Secretary-Treasurer In short, he will effect change that we John P. Tolman, Vice-President & National Legislative Rep. John V. Bentley Jr., Editor can all believe in. www.ble-t.org (216) 241-2630 COPYRIGHT 2008, ALL RIGHTS RESERVED Fraternally, VOLUME 23 NUMBER 2 February 2009

LOCOMOTIVE ENGINEERS & TRAINMEN NEWS (ISSN 0898-8625) is published monthly by the Brotherhood of Locomotive Engineers & Trainmen, 1370 Ontario Street, Cleveland, OH 44113-1702. Periodicals postage paid at Cleveland, OH. James P. Hoffa POSTMASTER: Send address changes to Te a m s t e r s Ge n e r a l Pr e s i d e n t Locomotive Engineers & Trainmen News — BLET Records Department, • 1370 Ontario Street, Mezzanine Cleveland, OH 44113-1702. 2/09•