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Volume 4 1 / 4 2 December 2009 / January 2010 N u m b e r 1 2 / 1

www.utuia.org www.utu.org The Official Publication of the United Transportation Union Rails withdraw staffing and consolidation proposal NCCC: We encourage the exploration of opportunities for mutually beneficial solutions A month after the UTU filed a lawsuit in fed- negotiations – that the UTU had no obligation eral court to block a railroad demand to bargain to bargain nationally over a carrier demand to over “staffing and consolidation,” the carriers eliminate conductor and brakemen positions on have withdrawn that demand from their Railway all through-freight trains. Labor Act Section 6 notices. The UTU position – then, and now – is that In a letter to UTU International President existing agreements relating to minimum train Mike Futhey, the National Carriers’ Conference crew size are negotiated on a railroad-by-railroad Committee (NCCC), which represents most basis through UTU general committees of major railroads in national contract negotia- adjustment, and any attempt by the carriers to tions, said it “will withdraw, without prejudice, change those agreements must be handled at the the proposal set forth in the paragraph entitled general committee level and not in so-called ‘Staffing and Consolidation’” in exchange for the national handling where the major railroads UTU dismissing, “without prejudice,” its lawsuit. coordinate their bargaining through the NCCC. The agreement by the NCCC to withdraw its “Voluntary agreements are always “staffing and consolidation” demand – in exchange for the UTU withdrawing its court in the parties' best interests." action – followed a meeting between Futhey and the NCCC’s chief negotiator, Ken Gradia, on “These undertakings,” said the NCCC, “are Dec. 8. made in connection with each party’s desire to Said the NCCC in its letter to Futhey with- facilitate pursuit of a successful resolution of the drawing the demand, “During our Dec. 8, 2009, 2010 bargaining round without further litigation initial conference on our respective Section 6 and are without prejudice to their respective proposals for the 2010 bargaining round, we had positions.” a candid discussion about the parties’ respective the exploration of opportunities for mutually The UTU interpreted the demand regarding concerns and goals. beneficial solutions to each side’s needs with- “staffing and consolidation” as a renewed “In the course of that exchange, we affirmed out restraint. In particular, we discussed the attempt by the carriers to seek one-person crew our shared conviction that voluntary agree- benefits to both parties of eliminating poten- operations. A federal court had ruled in March ments are always in the parties’ best interests tial impediments to successful negotiations 2006 – during the previous round of national and our joint desire to facilitate and encourage where feasible,” said the NCCC. SEPTA agrees: FELA rules Bus safety bill moving forward in House, Senate WASHINGTON – Bus safety legislation is •State annual commercial bus inspection pro- PHILADELPHIA – The Southeastern Penn- inching forward in the House and Senate, and grams as a prerequisite to receiving federal motor sylvania Transportation Authority (SEPTA) has proponents are pushing Congress to complete carrier safety grants. entered into a stipulated settlement with the the legislation by mid-2010. UTU and other rail labor organizations, with- A similar bill (H.R. 1396) drawing an incorrect assertion that the Federal The Senate Commerce awaits action by the House Employers’ Liability Act (FELA) does not apply Committee in December vot- Transportation & Infrastructure to rail workers in SEPTA’s employ. ed to send to the Senate floor Committee. The bill would for a vote a bill (S. 554, the additionally require minimum The settlement came 11 months after the performance standards for unions filed a federal lawsuit challenging SEP- Motorcoach Enhanced Safety TA’s attempt to exempt itself from FELA cover- Act of 2009) requiring passen- retreaded motorcoach tires. age. It was alleged SEPTA had violated the ger lap and shoulder belts on The American Bus Associa- FELA, the Railway Labor Act, and the Rail long-distance buses, as well as tion says some 750 million pas- Safety Improvement Act of 2008. improved firefighting equip- senger trips are made annually ment and stronger roofs and SEPTA had posted incorrect notices that its by some 34,000 long-distance seats and advanced window rail employees injured on the job were motorcoaches operated by required to seek compensation under a state glazing to keep passengers from being ejected. nearly 3,700 motorcoach companies. workers’ compensation plan and could not file Additionally, the Senate bill would require: actions against SEPTA under the FELA. •Motorcoach operators to undergo periodic M e m b e r, pinned by rail car, dies safety reviews; The state workers’ compensation plan pro- MINNEAPOLIS – BNSF conductor S a m u e l vides benefits inferior to the FELA. •A training curriculum and certification for W. Lundy, age 44 and a 17- SEPTA has agreed to post a corrected notice each driver seeking a commercial driver’s license year member of Local 1000, that “Any rail employee who suffers a work- (CDL) passenger endorsement; was killed Dec. 29 when, related injury may elect to instead file a Feder- •Tougher CDL testing; during a switching opera- al Employers’ Liability Act claim in either state •Installation of on-board electronic data tion, a rail car jumped its or federal court.” recorders that also track driver hours of service tracks and pinned him If you are injured on the job, the FELA and and monitor tire pressure warning systems; against a building. your UTU Designated Legal Counsel are the •Drivers of buses that transport between nine Lundy was the eighth best friends you and your family have. UTU member killed in 2009 and 15 passengers to hold a CDL; Lundy A listing of UTU Designated Legal Counsel •Safeguards preventing the use by CDL appli- in an on-duty rail accident. – attorneys who answer to the UTU – is pro- cants of invalid or fraudulent medical certificates; He leaves behind a wife and three children. vided at www.utu.org (click on “Designated The National Transportation Safety Board Legal Counsel” in the blue tile box on the left •Annual review of state medical examination procedures by states; and the Federal Railroad Administration are -hand side of the home page), or get a list from investigating. A member of the UTU Trans- local officers or general chairpersons. •Creation of a national registry of medical portation Safety Team is assisting the NTSB. examiners; Page 2 December 2009 / January 2010 UTU News

Local 64, Huron, S.D. Telma, 14-year-old son, Alfie, and nine-year-old UTU members are rallying behind their union daughter, Janyssi. The UTU Auxiliary’s Magno- b r o t h e r, Cam Brock Jr., who on Nov. 12, lost his lia Lodge in Jacksonville, Fla., has donated $500 house and contents to fire. Brock’s UTU brothers to Telma Pena and the children. and sisters have set up a relief fund to help him meet his immediate need for clothing, food and other Local 1183, Port Huron, Mich. Legislative Rep. Fred Beidler and his family essentials. Donations can be made to the “UTU lost their home and all their possessions to a late- Local 64 Cam Brock Jr. Relief Fund” through night fire on Dec. 11, Michigan State Legislative Round Bank of Waseca, 200 2nd St. N.E., Wa s e c a , Director Jerry Gibson reports, and the Michigan MN 56093. “Brother Brock is a U.S. Marine veter- State Legislative Board is seeking assistance from an and one of UTU’s finest,” Minnesota State Leg- fellow UTU members. “The Beidlers lost every- islative Director Phil Qualy s a i d . thing but the clothes on their backs,” Gibson said. To assist the Beidler family, send a check or Local 367, Omaha, Neb. money order to the Biedlers at 835 Virginia Ave., More than 60 members and friends attended Marysville, MI 48040. this local’s annual fall barbecue dinner, sponsored by the Yeager, Jungbauer & Barczak and Dins- Conductor and UTU District of Columbia Legisla- Local 1440, Staten Island, N.Y. more law firms, Legislative Rep. Kevin Kresl tive Director Willie Bates, left, displays the Charles Local Secretary & Treasurer Vincent LaBella reports. The dinner concluded with the awarding Luna Memorial Safety Award presented by . thanks all 104 guests that attended the local’s first of three Chuck Faulder Scholarships to Kaelyn annual retirement/holiday/awards dinner on Dec. Kerwin (daughter of Kevin), Kegan Casey (son of Legislative Director Bates 4. “This was the first time that Local 1440 was Dick) and Alexandria Jamrozy (daughter-in-law gets Amtrak’s Luna Aw a r d able to recognize the hard work of its retirees,” of Daniel). Since 2005, the local has presented LaBella said. Members also congratulate track- 12 scholarships to members’ children. The fol- William H. “Willie” Bates, an Amtrak con- worker Thomas Poggi on his retirement. “He will lowing day, 68 people participated in the local’s ductor (Local 1933) and UTU District of always be remembered for his leadership skills and golf tournament at Shoreline Golf Course in Columbia legislative director, is the recipient cooperative demeanor,” LaBella added. Carter Lake, Iowa. of Amtrak’s highest safety award for 2009, which is named after the UTU’s first president. Local 1554, Ogden, Utah The officers and members of this Union Pacific Local 432, Champaign-Urbana, Ill. Bates was awarded the 2009 Charles local have financed and commissioned a memo- The regular monthly meetings of this CN (IC) Luna Memorial Safety Award, established rial to honor three local members who have lost local will continue to be held on the second in 1990 to recognize Amtrak employees their lives at the railroad’s 21st St. yard since Wednesday of each month at 7 p.m., but the who “demonstrate the highest degree of 1977, Local Chairperson Pat Winslow reports. location has changed to the upstairs at Jupiter’s at safety awareness.” The memorial, which honors Michael Wagner, the Crossing, 2511 Village Green Pl., in Cham- In presenting the award to Bates, Amtrak paign, Legislative Rep. Grady Crippin reports. Jimmie Autry and Anthony Peterson, was erect- President Joe Boardman said: ed on Sept. 14, 2009, the sixth anniversary of Local 477, Newton, Kan. “A consistent participant in safety pro- Autry’s death. “Although it has taken almost a Secretary & Treasurer Brian Stephens reports grams and various safety committees, Willie year to complete, we would like to thank Brother that the local has established a fund to benefit commands respect in this area. Through Randy Browne, who piloted the project through fellow member Sidney Unruh, who is currently Willie’s commitment, dedication and daily, completion, for a job well done,” Winslow said. on disability due to treatments and surgeries for active support of safety, he has been instru- esophageal cancer. Send contributions to the mental in helping the Richmond (Va.) train Sidney Unruh Fund at Midland National Bank, and engine service crew base achieve zero 527 N. Main, P.O. Box 427, Newton, KS 67114. reportable injuries in calendar year 2008. “Always preaching safety, Willie is a great Local 607, Thayer, Mo. mentor, often giving up working a premium More than 50 guests attended this local’s annu- job in order to work overnight on a training al Christmas dinner on Dec. 8, sponsored by the session [which involves] the use of an engine Hubbell, Peak, O’Neal, Napier & Leach law firm and car to show less-seasoned employees how in Kansas City, Mo., according to Local President to handle such tasks as manually throwing Chris Skaggs. Guests included General Chair- switches, how to properly get on and off person Steve Green, Associate General Chair- equipment, how to cut cars and how to push person Mike LaPresta and Missouri State Leg- the 480-volt cables. islative Director Ken Menges. “When Willie talks to new hires, he Local 792, Cleveland, Ohio stresses that while they’re on the railroad, This Norfolk Southern local, along with BLET safety is paramount. He reminds them how Division 607, collected $5,120 from union dangerous the railroad is and how important Local 1785, Santa Monica, Calif. employees, sales employees and management to it is for them to pay attention to each and every safety rule, so they can return home The members of this Big Blue Bus local are purchase Giant Eagle grocery store gift cards for mourning the death of Sergio Lopez, 48, Local their fellow furloughed or injured employees dur- safely each night.” Chairperson Adhi Reddy reports. Lopez served ing the Christmas season, Local Chairperson Bates hired on at Amtrak in 1986, and the local as delegate and legislative representative. Alan Thompson reports. “Our goal was to hope- works as a conductor based out of Richmond. fully collect $2,000. The money was divided He has worked injury-free his entire 23-year BNSF Railway GO 017, Chino, Calif. evenly for each employee and the cards were pur- Amtrak career, and never has had an operat- William “Butch” Yo u n g retired as general chair- chased so that they could be used for groceries, ing rules violation, which Boardman called person of this BNSF Railway General Committee other gift cards or even gasoline for their vehicles. “a manifestation of his belief that safety is of Adjustment on Dec. 1. As previously reported, first and foremost.” There were 34 UTU and nine BLET members not he was succeeded by his son, Danny Yo u n g . On working for the season. I would like to thank all of In March 2008, Bates was elected as the Dec. 4, former UTU Coastlines General Chair- the employees who participated,” Thompson said. first African-America legislative director in persons John Easley and Al Delyea joined UTU the 140-year history of the UTU and its pred- Assistant President Arty Martin at a retirement Local 934, Alliance, Neb ecessor organizations, and also serves as pres- party honoring Young at Fleming’s Prime Steak- Local President Brian Heitz reminds all mem- ident of Local 1933. bers that this BNSF Railway local has a Web site house & Wine Bar in Rancho Cucamonga. Luna, who died in 1992, was president of at http://utu934.webs.com. UTU predecessor Brotherhood of Railroad Local 1053, Selma, Ala. Trainmen, and the UTU’s first president. This Norfolk Southern local and the Alabama Luna also served as a member of the Amtrak State Legislative Board have established a fund to Board of Directors for more than 12 years, assist a Norfolk Southern conductor who was having been nominated and renominated to critically injured in an automobile accident Sept. the Amtrak board by Presidents Nixon, Ford, 6, State Legislative Director Ronnie Clements Carter and Reagan. reports. Josh Greenhill, 20, sustained multiple fractures and internal injuries. Anyone interested Local 1138, Miami, Fla. in contributing to a fund to assist Greenhill Local chairperson Alfredo Pena died in a should send a check payable to “Roger Roberts” motorcycling accident Dec. 11, CSX GO-851 (local chairperson), in care of the UTU Alabama General Chairperson John Hancock reports. State Legislative Board, 402-F South Decatur St., Pena, 42, was employed by the Florida East Coast John Easley, Al Delyea and Assistant President Arty Martin Montgomery, AL 36104. Railway for 18 years. Pena is survived by his wife, join Butch and son, Danny, at the Young retirement party. www.utu.org / www.utuia.org December 2009 / January 2010 UTU News Page 3 FRA denies one-person crew ban WASHINGTON – The Federal Railroad al safety regulations prohibiting use of one- The FRA also said that the conductor certifi- Administration has denied a joint UTU/BLET person crews in yard or road operations. cation requirement, part of the Rail Safety petition for an emergency order prohibiting the Said the agency in denying the joint UTU/BLET Improvement Act of 2008, “when implemented, use of one-person crews in conventional and petition, which was filed in early June: will provide additional support for the training remote control yard switching operations. “ F RA does recognize that, since these and qualification of [remote control operators.]” In denying the joint UTU/BLET peti- particular one-person operations are tion, the FRA, while acknowledging the n e w, we have no prior data with which U T U / B L ET: “No conditions exist where high-priority safety concerns raised, said to compare conventional operations and it had “no factual evidence to support have little prior experience with these one-person operations are safe.” the prohibition against one-person crew operations. Accordingly, we intend to operations at this time. Switchmen, monitor these operations very closely. Concluded the FRA, “Because of the advances trainmen, and RCOs routinely perform in technology, we are seeing significant changes “As technology advances, FRA is also in operations – many that never existed before. tasks alone, even when on a two-person aware that the transfer of certain addi- or three-person crew,” said the FRA. FRA will continue to look very closely at these tional tasks and responsibilities to a single individ- changes when they occur.” Although the UTU has collective bar- ual may result in ‘information overload’ and/or UTU International President Mike Futhey gaining agreements in force with most rail- diminished ‘situational awareness.’ We believe said the fight against one-person crews “will roads requiring at least one conductor on these conditions should be considered when chang- remain the UTU’s top priority – before the each train start, there currently are no feder- ing work assignments or adding new technology. FRA and before Congress. We know, and the BLET agrees, having stated jointly with us in the petition for the emergency order, that no FRA study documents relationship conditions exist where one-person opera- between work schedules, alert n e s s tions are safe.” A new Federal Railroad Administration the study says is twice than normal for U.S. work- report released in December is the latest confir- ing adults. RRB tax rates will be mation that train and engine service employees Variable start-time workers with erratic work with variable start times report for duty less alert schedules, says the study, engage in supplementary than do those with fixed start times. sleep on workdays because of scheduling issues unchanged in 2010 The study analyzed work/rest schedules and that prevent them from planning adequate rest. Earnings subject to Railroad Retirement sleep patterns of U.S. railroad train and engine Therefore, says the study, variable-start work- Tier I, Medicare and Tier II tax rates – and service personnel, and the relationship between ers report for duty less alert than do fixed-start those tax rates – remain unchanged in 2010, these schedules and alertness. workers. In fact, the total number of labor hours said the Railroad Retirement Board. Members of the UTU and BLET assisted with performed at what the study terms “low effec- •Employer & employee Tier I tax: . . .6.2% the study, providing a log that each participant tiveness” exceeds 10 million hours annually rail- •Earnings subject to tax: ...... $106,800 updated daily for two weeks. industry wide. •Medicare tax: ...... 1.45% Some two-thirds of the logs were kept by train The FRA said this study provides a baseline for (No cap on earnings subject to tax) and engine service workers with variable start future study after new hours-of-service regula- •Employee Tier II tax: ...... 3.9% times and what the study terms “significant start tions – limiting hours of work each month and time variability.” The other third of the logs were •Employer Tier II: ...... 12.1% requiring mandatory uninterrupted rest periods – kept by workers with fixed work-start times. •Earnings subject to tax: ...... $79,200 are fully implemented. The study reveals that while train and engine service workers report longer daily sleep than most U.S. adults, they suffer poor sleep quality Delegates ratify amendments to UTU Constitution and high stress levels – particularly those with variable start times. to accommodate the closure of Canadian locals Some eight percent of train and engine service workers surveyed reported they suffer from a UTU delegates have voted to make numerous UTU Constitution to reflect the current num- medical condition called “sleep apnea” – a rate amendments to the UTU Constitution to ber of International vice presidents (seven, a c c o m m o date the demographic changes including one from the Bus Department), as all brought about by the required closure of all attritions previously approved by delegates have Canadian locals. taken place. CN’s IC yardmasters Although some Canadian members remain, all And the board of directors will be comprised of join UTU membership are assigned to U.S.-based locals. 11 members – the International president, assis- Ballots were returned by 62 percent of del- tant president, GS&T, national legislative direc- Some 50 yardmasters employed by egates, with 96 percent voting to amend the tor, and seven vice presidents (including one Central Railroad (an operating subsidiary of UTU Constitution. The ballot proposal, from the Bus Department). Canadian National) are now UTU members having received well in excess of the following those yardmasters’ decision to merge required two-thirds majority, becomes effec- Rail carloads, employment their Illinois Central Yardmaster Association tive Jan. 27, 2010. into the UTU. down sharply, data show None of the amendments affect any rights The National Mediation Board certified the conferred upon UTU members by the UTU transfer of representa- Constitution, nor do the amendments make any tion on Dec. 17, noting change to representation or process. that the agency “grants requests for transferring “The practical effect of the approved certifications absent amendments is to be able to fulfill – given the evidence of fraud or gross abuse in the merger or absence of Canadian members – the require- e l e c t i o n . ” ments of the UTU Constitution with regard UTU International President Mike to the make up of the Board of Directors, the Futhey congratulated retired General Board of Trustees and the Executive Board,” Chairperson Warner Biedenharn (GO 433, said UTU General Secretary and Tr e a s u r e r Illinois Central), Director of Strategic Kim Thompson. Planning John Nadalin and Tim Ti l l m a n o f UTU delegates approved amending Articles the IC Yardmaster Association for their 2, 6, 10, 11, 12, 19, 21, 22, 32, 36, 37, 38, 41, “dedication and effort.” The Illinois Central 57, 59, 63, 64, 66, 73, 83, 91, 93, 96, 97, 98 and Train and engine service employment on the Yardmaster Association was formed in 1950. 99 to the UTU Constitution. In each of these nation’s major, or Class I, railroads in November Illinois Central, long known as the Main Line articles, language referring to “Canadian” will fell to its lowest point over the past 12 months, of Mid-America, connects Chicago with New be removed. according to Surface Transportation Board data. Orleans and Birmingham, Ala. The IC was For example, the amendments now provide The number of Class I train and engine service acquired by CN in 1998 as an operating subsidiary. that a member at large of the UTU will be elect- employees fell 15 percent since November 2008, The Railroad Yardmasters of America, which ed to the Executive Board in place of a position to 56,477 in November 2009. was organized in 1918, affiliated with the UTU reserved for a Canadian member. Total Class I rail employment has declined in 1985.The yardmaster craft – as are all crafts Also, the UTU national legislative director almost 10 percent since November 2008, to within the UTU – is guaranteed by the UTU will become a member of the Board of 147,047. Compared with 1967, which is the base Constitution autonomy and craft representa- Trustees – a position formerly held by a Cana- year for STB data collection, total Class I employ- tion, as well as protective advantages and dian officer. ment is down some 75 percent – 147,047 in strength associated with UTU membership. A d d i t i o n a l l y, the amendments change the November 2008 versus 593,568 in 1967. www.utu.org / www.utuia.org Page 4 December 2009 / January 2010 UTU News Your safety is our number-one priority hat should have been a tion and Federal Aviation Adminis- joyous holiday season tration safety officials; the NTSB; Wended tragically Dec. 29 other labor organizations, academ- with the death of Brother Samuel ics, and key congressional staff dis- Lundy in a switching accident in cussing and pushing for improved Minneapolis. workplace safety improvements. Brother Lundy was the eighth Our state legislative directors sim- UTU member killed in the line of By Mike Futhey, International President ilarly are involved, on a daily basis, duty during 2009. In grieving, I am (216) 228-9400; [email protected] in investigating member concerns inspired by the somber words of and working with state officials and Local 1000 President John Hagger- lawmakers on workplace safety ty: “If this could have happened to Within the UTU, we have three situational awareness and keep it at issues. him, it could happen to any of us.” separate safety initiatives. This is in its highest level. Finally, our Designated Legal Railroaders work in one of the addition to our efforts at the negoti- Additionally, the UTU partici- Counsel are an essential component most – if not the most – dangerous ating table; initiatives with other pates in the Federal Railroad of our workplace safety efforts. industries in America, where acci- labor organizations; communica- Administration sponsored Switch- These attorneys are uniquely quali- dents, rather than resulting in sprains tions with federal regulatory agen- ing Operations Fatalities Analysis fied in bringing civil actions against and broken bones, too often result in cies, Congress and state legislatures; (SOFA) working group, whose mis- railroads under the Federal Employ- c a r e e r-ending injuries and death. and our Designated Legal Counsel sion is to develop recommendations ers’ Liability Act (FELA), which is There is no stronger bond among program. labor organizations, and the work- Last year, I created the UTU Rail ing men and women in America, Safety Task Force, whose mission is “If this could have happened to him, it could than the joint objective of improv- to identify and communicate best happen to any of us.” ing workplace safety. practices and techniques to improve for reducing fatalities in switching one of the best friends railroaders operations. have in pressuring railroads to The UTU also has a 13-member improve workplace safety. Transportation Safety Team to assist Please visit the various safety- National Transportation Safety related pages on the UTU Web site [email protected] Board investigators in determina- to keep informed and stay up to date Mike Futhey, International President tion of facts in rail-related acci- on best practices designed to bring [email protected] dents. Members are selected based you home safely to your family. Arty Martin, Assistant President on knowledge of operating rules and And when you do spot a work- [email protected] understanding of general railroad place safety problem, please inform Kim Thompson, General Secretary and Treasurer operations, train movements and your local legislative representative [email protected] dispatching. They receive training and your state legislative director at James Stem, National Legislative Director in NTSB investigative techniques. your earliest convenience, providing [email protected] In Washington, the UTU as many facts as you are able regard- Contact the UTU: National Legislative Office spends a ing location and the nature of the Phone (216) 228-9400; fax (216) 228-5755 considerable portion of each work- safety problem. For the latest news, visit www.utu.org regularly; also, sign up day in meetings with FRA, Federal I pledge to each of you that work- on the UTU Web site to receive news alerts via e-mail. Transit Administration, Federal place safety will remain the UTU’s Motor Carrier Safety Administra- single-highest priority. Distraction, fatigue are killers; don’t be a victim As chairperson of the National Don’t be a night owl Transportation Safety Board – and a People are hard-wired to be awake licensed commercial driver – I have A message to UTU members during the day and asleep at night. If learned that two of the biggest safe- from possible, avoid driving during late ty issues we face are distraction and night and early morning hours. fatigue, ones that we have all expe- NTSB Chairperson rienced and can readily address. Two Stay healthy recent bus accidents that the NTSB Deborah A.P. Hersman See your doctor regularly, espe- investigated illustrate the possible cially if you are having trouble sleep- tragic consequences when we over- ing or staying alert during waking look these factors. the crash risk is increased nearly six diminished alertness due to inade- hours. Ask your doctor or pharma- times when dialing, and more than quate sleep. His sleep quality was cist to suggest non-drowsy prescrip- Driver, distracted, crashes bus 23 times when texting, compared probably affected by his head con- tion or over-the-counter medica- tions for you to use when driving. In 2004, a class trip to Mount Ve r- with driving without these distrac- gestion, difficulty acclimating to the non, Va., ended abruptly as the tions. Because multitasking with a high mountain altitude, and incon- motorcoach in which the students cell phone or other distracters fre- Don’t drive drowsy sistent use of a device used in treat- were traveling struck an overpass. quently occurs without incident, Don’t start a trip if you are tired, ment of sleep apnea. Eleven of the 28 passengers were and if you feel drowsy while driving, injured. The driver, who was talking pull over. By the time you feel on a hands-free cell phone at the time, “It is professionalism that distinguishes safe drivers sleepy, you are probably already missed a sign advising vehicles of the impaired. Naps and caffeine have 10-foot, 2-inch low clearance in the from those who rely on luck.” been shown to have only a tempo- rary benefit for alertness. Nothing right lane. beats a good night’s sleep. He also failed to notice that the drivers can develop a dangerous, and A tired driver is a dangerous driv- motorcoach he was following had false, sense of security. er. A Federal Motor Carrier Safety Professional drivers are safe moved into the left lane, as the sig- It’s professionalism that distin- nage directed, to safely pass beneath Administration study of large truck guishes safe drivers from those who Sleepy driver a dangerous one the 13-foot, 4-inch clearance center accidents found that 13 percent of rely on luck. Safe drivers avoid using Another danger zone for motor- of the arched bridge. truck drivers were fatigued at the wireless devices behind the wheel coach operators is shown in an acci- A common misconception is that time of their crash. So, how can you and ensure they are well rested to dent when a motorcoach returning hands-free cell phones are safer than avoid being an accident statistic? put their passengers – and their own handheld devices, and therefore from a ski trip to Telluride, Colo., safety – first. acceptable for use while driving. But drifted off the road, struck a Get enough sleep studies show that not only dialing, guardrail, descended an embank- (NTSB Chairperson Deborah A. P. Most people need eight hours per Hersman holds a commercial driver’s license but also talking on a cell phone, ment and overturned. Nine passen- night. Performance starts to decline with passenger, school bus, and air brake regardless of the type, increases acci- gers were killed and 43 passengers endorsements. She previously advised Sen - dent risk. and the driver were injured. The when sleep is reduced by even a few ate Democrats on transportation issues, Among drivers of heavy vehicles, probable cause was the driver’s hours. including bus safety legislation.) www.utu.org / www.utuia.org December 2009 / January 2010 UTU News Page 5

State Watch N ews from UTU State Leg i s l a t i ve Board s Maryland State Legislative Director Scott Olson (L- State Legislative Director Larry Kasecamp 1629), also chairperson of the UTU’s National has been honored by the Maryland Central Association of State Legislative Directors and Labor Council with its coveted David J. Lewis member of the UTU Rail Safety Task Force, Memorial Award. Lewis, a seven-term con- retired Dec. 1. gressman, was a staunch friend of working He hired out as a brakeman families. Kasecamp has served on the execu- on the Southern Pacific (now tive board of the Western Maryland Central part of the Union Pacific) in Labor Council for 15 years. 1966. “Because I was six foot four inches tall, I was appointed ‘inner guard’ of the local the State Legislative Director Connie English year after I started; that meant Jr. recently presented a UTU lantern to Geri Olson I watched the door and kept Clark, who is assistant to labor member V. the bad guys out of meetings,” M. Speakman Jr. of the U.S. Railroad joked Olson. Retirement Board. In his presentation, Olson was later elected alternate local legisla- English said Clark has been helpful in solv- tive representative and vice local chairperson, ing retirement or disability problems for many UTU members in Texas. “The resolu- legislative representative and local chairperson, Pictured at the ceremony are, front row, from left, tion is almost always in favor of the employ- and was elected state director in 1998. Designated Legal Counsel Matt Darby, National ee. Thank you, Geri Clark, for the great job “It has been my distinct honor to serve the Legislative Director James Stem, Kasecamp, Assis- you do!” he said. members, and I have been fortunate to have had tant National Legislative Director John Risch, Brian Deriso (L-600), Shane Rosenberger (L-600) and tive Director Dan O’Connell said. “When the such great assistant directors,” he said. Phil Hite (L-430). Back row, from left, Bob Suesse Assistant State Director Greg Hynes (L- (L-600), Jeff Foreman (L-600), Mike Wilson (L- state legislature threatened to reduce NJT serv- 1081) was elevated to state director. Hynes had 600), Keith Young (L-600), John Poling (L-430), ice, Dick worked with passenger groups to fight been elected assistant director for two terms and Terry Horner (L-600) and Tim Galica (L-430). the cuts and lobby for more service. He contin- Olson says “he is qualified to keep up the UTU’s ued these efforts even after his retirement.” reputation as a fighter for our members’ rights at Gulf, Mobile & Ohio Railroad (now part of Illi- Wisconsin the Arizona capitol and with our congressional nois Central) in 1967. Wisconsin Governor Jim Doyle has signed delegation. Survivors include his wife, Nita Fowler, five into law legislation that requires the state’s NASLD Assistant Chairperson Don Dunlevy children and 12 grandchildren. superintendent of public instruction to include of has assumed the chairmanship the history of organized labor and collective bar- of that group, which will hold an election for New Jersey gaining in the model academic standards for assistant chairperson. The state legislative board mourns the loss of social studies. former secretary Richard “Dick” Venus (L-60, Mississippi This is the first such legislation in the nation. Newark). Venus began his career in 1947 with The legislation will allow for the history of Retired Mississippi State Legislative Director New York Central Railroad, and later worked for workers and their unions to be taught in Wis- Neal Fowler, 70, died following a lengthy illness. Central Railroad of New Jersey, and consin public schools. A member of Local 1088 in Jackson, Fowler New Jersey Transit, retiring in 1997. Many local labor leaders, including State Leg- also served four consecutive terms as president of He served as board secretary from 1976 to islative Director Tim Deneen, attended the sign- the Mississippi State AFL-CIO. 1983. “Dick understood the importance of UTU ing of the legislation in the governor’s confer- A resident of Vicksburg, Fowler hired out with members being politically active,” State Legisla- ence room at the state capitol in Madison. SEPTA’s Red Arrow operators Bus Department vote new contract, new off i c e r s By Richard Deiser, vice president / director PHILADELPHIA – Members of Local 1594, which represents more than 230 bus and trolley operators on the Southeastern Pennsylvania Transporta- tion Authority’s (SEPTA) Red Arrow Division, on Dec. 13 ratified a new agreement that provides for increased wages, I am optimistic for 2010; benefits and a signing bonus. Additionally, on Dec. 11, Local 1594 members elected we will build on success Waverly Harris their general chairperson. He is a 16-year SEPTA employee and is qualified to operate buses, trolleys During my six months as Bus Department vice pres- and rail cars. ident, I have done my absolute best to meet many of Also elected to Local 1594 posts were James Shedrick as you, and I look forward to getting to know more of you vice president, Eric Goodwin as secretary, Harold Jones as Harris in 2010. I still have a lot to learn and look to you for alternate delegate, and Dana Cherry as alternate legisla- g u i d a n c e . tive representative. A runoff election will be conducted for the posts of vice chairperson, delegate and legislative representative. Hopefully many of you will attend a regional meet- The Local 1594 negotiating team, for the new contract, included Harris, ing for training and fraternity. Brian Caldwell and Kevin Baldwin. During 2009, we experienced the thrill of victory and the agony of They were assisted by Calvin Studivant, UTU International Bus Depart- defeat, but that is the nature of labor/management relations in these ment alternate vice president; Billy Moye, UTU International representa- troubling times. I’m encouraged that 2010 will bring an upturn in the tive, and Don Dunlevy, Pennsylvania state legislative director. economy and our devotion to duty will be recognized more favorably. No UTU International officer can succeed on their own, and I thank Santa Monica’s Big Blue ‘Holiday’ bus everyone involved in this huge, cooperative effort – especially Mike F u t h e y, Arty Martin, Kim Thompson and my alternates, Calvin Studi- vant and Bonnie Morr, for making this an administration of which we all can be proud. I could not ask for a better assistant than Cara McGinty at the UTU International office, who regularly accomplishes the impossible. The Legal Department always provides sound advice. All the staff at the UTU International go out of their way to be helpful, and make one feel that we are all part of a large union family striving to help each other. If you have questions on bus safety, please pass them along. I will do my best to have them answered. Santa Monica, Calif.’s, Big Blue Bus rolled out its popular, fully wrapped holiday bus Later this year, the UTU News will feature photos of men and on Saturday, Nov. 28. Sponsored by Cirque du Soleil’s production of KOOZA, the bus women in armed forces uniform. Please send those photos to the Pub- remained in service throughout the season. The bus operators employed by Big Blue are members of Local 1785 at Santa Monica. lic Relations Department in Cleveland at “[email protected].” www.utu.org / www.utuia.org

Page 6 December 2009 / January 2010 UTU News December 2009 / January 2010 UTU News Page 7 2010 national rail contract negotiations are underway

UTU and carriers to UTU National Negotiating Committee Railway Labor Act amend agreement The UTU and most major freight rail- collective bargaining procedures roads have begun a new round of con- tract negotiations to revise rates of pay, rules and working conditions. These rail- Phase 1: Phase 2: Phase 3: roads coordinate their bargaining under Direct negotiation; NMB; NMB declares no time limit no time limit impasse, 30-day the umbrella of the National Carriers’ countdown Conference Committee (NCCC). begins if The railroads include BNSF, CSX, arbitration Mike Futhey Arty Martin Clint Miller Robert Kerley rejected Kansas City Southern, Norfolk South- International President Assistant President General Counsel Vice President ern, Soo Line, Union Pacific and many smaller carriers. Other railroads, includ- ing Amtrak and U.S. operations of Canadian National, negotiate individu- UTU and Mediation by Section 6 carriers agree National NMB proffers President NMB may notify UTU, ally with the UTU. Notices, which (within 10 days) Mediation binding names President of carriers free U.S. Congress either UTU or to confer; Board, which arbitration Emergency Some 40,000 UTU members are affected possible threat to exercise may intervene carriers may conferences either UTU, which either Board; report by these national contract talks, which fre- to commerce “self help” serve begin within 30 carriers or NMB party may reject due in 30 days quently set patterns for negotiated agree- days of notice may initiate ments on other carriers.

Delbert Strunk John Lesniewski Pate King Doyle Turner Vice President General Chairperson General Chairperson Alternate Vice President The existing agreement remains in GO 049 GO 680 force until negotiated amendments Agreement Agreement Arbitration Public Law Report are ratified by UTU members. UTU’s desired contract amendments The existing national agreement, Following are major elements of the UTU’s desired amendments, developed from member which became open for amendment on recommendations as approved by the Association of General Chairpersons, District 1. If NMB or President fails to act, Jan. 1, will remain in force until tenta- Award procedures end tively negotiated amendments are pre- Complete and permanent elimination of existing service scale (entry rates of pay). sented to UTU members and ratified under the craft autonomy provisions of Complete and permanent elimination of the two-tier pay system. the UTU Constitution. A series of general wage increases, effective Jan. 1, 2010, and every six months thereafter. In November, the NCCC and the UTU Cost of living adjustments. exchanged their desired amendments to Understanding the Railway Labor Act the existing national agreement. The two A crew calling window structure of no less than a 10-hour call. sides now will meet at regular intervals to A process to resolve fatigue issues relative to cross-craft utilization, inaccurate line-ups Contract negotiations are governed discuss those contract demands. by provisions of the Railway Labor Act and manipulation of pool crew boards caused by paper deadheading and dropping of In December, carriers withdrew one of (RLA). their demands, entitled “staffing and turns. consolidation,” in exchange for the Rail contracts never expire, but are UTU withdrawing a lawsuit alleging Ability to mark off to deal with fatigue-related problems and for family needs and amended periodically. that demand was inappropriate for emergencies. Negotiations begin with the national handling. Allow three attempts to pass the engine service exam. exchanging of desired amendments as The NCCC also is negotiating with oth- provided by Section 6 of the RLA. er rail labor unions whose contracts simi- Compensation for certifying as a conductor (certification to be established by the FRA If the sides can’t agree, either side larly became open for amendment Jan. 1. as directed by the Rail Safety Improvement Act of 2008). It is observed that the RLA bargain- may request assistance from the ing process seems “almost inter- Peer-related craft pay for training periods. National Mediation Board (NMB). minable,” because RLA contracts do Carriers to give first employment consideration to qualified conductors furloughed Only the NMB may release the par- not expire; and if the parties hit snags in from other railroads. ties from the bargaining table, and bargaining, the National Mediation strikes, lockouts and unilateral man- Board can prolong mediation in an Furloughed employees called back to work will be guaranteed a minimum of 60 days agement changes to contracts are pro- effort to gain a voluntary settlement. of work and pay. The Supreme Court said, “In the long hibited during mediation. lockout can occur after a mandatory ing, then select UTU University run, delaying the time when the parties can Increased meal allowances. Only the NMB may declare an impasse. cooling-off period. under Links. resort to self help provides time for tempers Restrictions on transferring, consolidating, combining or centralizing yardmaster It then recommends binding arbitra- Most frequently following a wide- Also available is a new book, to cool [and] helps create an atmosphere in assignments. tion, but both parties must consent. spread interruption in rail service, Con- Understanding the Railway Labor Act, which rational bargaining can occur.” If binding arbitration is rejected, gress steps in and imposes its own bind- published by Simmons-Boardman Establishment of a formula for yardmaster extra boards. To stay informed, log on to the President of the U.S. may appoint ing settlement – generally following rec- Books (1-800-228-9670), which www.utu.org to view important new Enhanced benefits under the NRC/UTU Health and Welfare Plan and the Railroad ommendations of the emergency board. developments. Also, sign up for e-mail an emergency board to make non- includes essays by UTU General alerts on the UTU home page. Carrier Employees’ National Health and Welfare Plan (GA-23000). binding settlement recommenda- To learn more about the RLA, visit the Counsel Clint Miller, arbitrator Section 6 notices may be viewed at To read the UTU’s entire list of contract amendments, and to read the NCCC’s desired tions. If those recommendations are UTU University on the Web at Frank Quinn, a former carrier labor www.utu.org by clicking on the “Nation- amendments, go to www.utu.org and click on the “National Rail Contract” link. rejected by either party, a strike or www.utu.org. Click on Organizing/Train- officer, and a member of the NMB. al Rail Contract” link.

www.utu.org / www.utuia.org www.utu.org / www.utuia.org Page 8 December 2009 / January 2010 UTU News

News, information for members of the UTU Alumni Association

UTUIA director post filled RRB scores high by Alumni Association member in satisfaction survey The Railroad Retirement Board (RRB) Retired Ohio State Legislative Director and The UTUIA is one of the nation’s few remain- earned a score of 88 out of a possible 100 in conductor William J. Thompson has been elect- ing union-friendly insurance companies. Where a recent American Customer Satisfaction ed to the United Transportation Union Insur- competing insurance companies frequently are Index (ACSI) survey. This is 19 points higher ance Association Board of Directors following engaged in anti-union activities, such as lobbying than the latest Federal government average his nomination to the post by the UTU Board of for corporate-favored public policy, the UTUIA of 69 and demonstrates a high level of satis- Directors. is an insurance company owned by union mem- faction with the services of the RRB. Thompson, a member of bers, and it operates solely for the benefit of The ACSI survey focused on railroad work- the UTU Alumni Associa- union families. ers who had recently retired and were receiv- tion, held the posts of assis- Other UTUIA board members include: ing monthly annuity payments from the RRB. tant Ohio state director and This segment of the agency’s beneficiary UTU International President Mike Futhey; population was originally surveyed in 2001 then state director from Assistant President Arty Martin; General Secre- and the current score reflects a six-point 1981 through his retirement tary and Treasurer Kim Thompson; National Leg- improvement over the previous score of 82. in 2002. islative Director James Stem, and independent The 2009 survey found the RRB scoring He hired out with the members Joyce Terbovich, a certified public highest (93) in the area of customer service, Thompson Akron, Canton & Yo u n g s t o w n accountant; Nicholas J. DeCicco, a registered with courteous and professional personnel Railroad in 1961, before it was principal with the National Association of Secu- providing clear and accurate information. acquired by Norfolk & Western Railway (now rity Dealers and a former president of Midwest This was a two-point increase over the 2001 part of Norfolk Southern), and was elected to score of 91. Telephone service was rated Life Insurance Co.; and Frank J. Riha, a certified highly at 82. Customers also had a high level posts of general chairperson, local chairperson and public accountant and former insurance examin- legislative representative of UTU predecessor of confidence in the RRB doing a good job, er supervisor for the State of Ohio Insurance with a score of 91. B r o t h e r h o od of Railroad Trainmen Lodge 432. Department. For more than 135 years, the UTUIA and its predecessors have served UTU (and UTU pred- ecessor unions’) members and their families with life, health and retirement protection products. Wild West tour deadline nears The sign-up deadline is The price includes sev- nearing for the UTU en breakfasts and three Palmetto expands hours Alumni Association’s “Pio- three-course dinners, as Palmetto GBA, a national Part B neer Adventures of the well as airport transfers, Medicare carrier that administers Old West.” hotel taxes, tips for bag- Medicare Part B health insurance for rail This eight-day adventure gage handling and a sight- workers and their families, has expanded starts in Phoenix May 9, seeing program. its railroad Medicare telephone hours in 2010. It includes Sedona, For more information, most geographic time zones. Ariz., and the Montezuma contact Landfall Ameri- Railroad Medicare Part B beneficiaries Castle National Monu- can Express Travel at can contact Palmetto GBA’s toll-free cus- ment; a ride aboard the Railway (800) 835-9233, e-mail travel@landfalltrav- through Grand Canyon National Park; a visit tomer service unit at (800) 833-4455, el.com, or access the UTU Alumni Associa- Monday through Friday, 8:30 a.m. until to Monument Valley in southwestern Utah and Lake Powell; Zion National Park; Bryce tion page of Landfall Tr a v e l ’s Web site, 4:30 p.m., for all time zones, with the w w w. l a n d f a l l t r a v e l . c o m / U T U . h t m l . exception of PST, which receives service Canyon National Park; dinner at the Bryce from 8 a.m. to 4 p.m. Canyon Country Rodeo; travel through the sce- This tour, arranged through internationally nic Virgin River Gorge into southern Nevada known Brendan Vacations, is open to all UTU The mailing address is Palmetto GBA and on to fabulous Las Vegas. Alumni Association members, family and Railroad Medicare Part B, P.O. Box 10066, Augusta, GA 30999. The rate is only $1,525 per person based on friends; other UTU members are welcome to double occupancy. Airfare is additional. join them as space permits.

T H E F I N A L C A L L

Following are the names of recently deceased members who maintained annual membership in the UTU Alumni Association (formerly known as the UTU for Life Program), according to reports received at UTU International Headquarters. These brothers and sisters will be missed by their many friends and by fellow UTU Alumni Association members.

Local Name City/State Local Name City/State Local Name City/State 2 Butler Jr., James Elkhart, Ind. 489 Frost, Jack Lewis San Antonio, Texas 1092 Lancaster, Astol T. Teague, Texas 2 Quigley, Richard W. Sylvania, Ohio 528 Jenkins, Laurence A. Hood River, Ore. 1137 McManus, John W. Dilworth, Minn. 14 Cook, Kenneth C. Jacksonville, Fla. 528 Wood, James F. Arlington Hts., Ill. 1172 White, Ed Corinne, W. Va. 14 Waltner, Leonard T. Hamilton, Ohio 646 Cunard, Kenneth L. Missouri Valley, Iowa 1263 Roberts, Joe L. Lake Park, Ga. 60 Dembowski, Gerard Gilbert, Ariz. 679 Christiano, Allesandro Surprise, Ariz. 1290 Janes, Marvin Mattoon, Ill. 60 Ehrenhofler Jr., Frank Nanuet, N.Y. 707 Rodwell, Charles W. Fairbury, Neb. 1313 Clements Jr., Jesse C. Amarillo, Texas 145 Schmidt, Gene O. Indianapolis, Ind. 740 Onderisin, C.E. Joliet, Ill. 1361 Tudhope, Norman A. Isle la Motte, Vt. 194 Waggoner Jr., Dewey F. Elkhart, Ind. 744 Deaubler, Richard F. Columbus, Ohio 1381 Sandford, Lyell G. Rogers, Ark. 195 Lippert, Walter L. Burlington, Iowa 783 Whitley, Paul A. Salisbury, N.C. 1382 Corbett, Robert J. Spring Hill, Fla. 200 Schroeder, Cleo D. North Platte, Neb. 792 Dills, Gerald B. Canton, Ohio 1393 Covert, Eugene C. Buffalo, N.Y. 219 Newlon, Birney S. Hannibal, Mo. 872 Teeple, Robert W. Omaha, Neb. 1447 Koenig, Charles W. St. Augustine, Fla. 225 DiPasquale, Gaetano M. Galena, Ohio 891 Johnson, G. Whitefish, Mont. 1524 Foster, Paul D. Bend, Ore. 234 Sutherland, Edmund R. Bloomington, Ill. 898 Fox, Charles E. Attleboro, Mass. 1534 Jackson, Clifford R. Hartford, Iowa 254 Jarvis, Richard D. Worcester, Mass. 903 Ware Sr., Raymond A. Jacksonville, Fla. 1574 Cross, Gerald G. Ocean Park, Wash. 258 Gavril, Richard A. Tooele, Utah 945 Luckey, Theodore C. Dodge City, Kan. 1713 Flint, David M. Marysville, Wash. 298 Connell, William S. Spring Hill, Fla. 970 Ashley Jr., Calvin V. Abbeville, S.C. 1770 Kennedy, Roy G. Bothell, Wash. 298 Small, Russell E. Huntington, Ind. 982 Quigley, John A. Spencerport, N.Y. 1823 Sutton, Richard L. Festus, Mo. 306 Maximona Jr., Peter Sioux City, Iowa 997 Gilliland Sr., Robert L. Rockhill Furnace, Pa. 1948 Fall, Arthur E. E. Palestine, Ohio 313 Coston, Richard L. Greenville, Mich. 1003 Youngblood, Fred L. Winfield, Ala. 1963 Carrico, Thomas E. Indianapolis, Ind. 363 Knouff, R.B. Salem, Va. 1011 Jones, Harry M. Rockingham, N.C. 1978 Todd, Harold A. Lunenburg, Mass. 367 Werner, Wayne D. Battle Creek, Neb. 1031 Shytle, John R. Madison, Ga. 1978 Valane, Peter J. Yonkers, N.Y. 414 Wishnousky, Fred La Salle, Que. 1075 Marken, Robert C. Stockbridge, Mich. Correction: Robert W. Clark, a member of Local 298 in Garrett, Ind., was 469 Koder Jr., Earl St. Louis, Mo. 1075 Smalley, Harold D. Trenton, Mich. incorrectly included in this column last month. UTU News regrets the error.

www.utu.org / www.utuia.org December 2009 / January 2010 UTU News Page 9 Don’t gamble with your retirement money! With the stock market fluctuating in value, now is the time to ensure a positive return on your money. Bet on a sure thing. UTUIA is currently paying four percent (4%) interest on IRAs and annuities. Although that rate can change from time to time based on UTUIA’s investment earnings, you will never earn less than UTUIA’s guaranteed three percent (3%) interest rate. Give UTUIA a call toll-free at (800) 558-8842, or complete and return the coupon below to receive more information.

Information, please

I would like more information on the following UTUIA life annuities. Please print. ❑ Traditional IRA ❑ Roth IRA ❑ Flexible Premium Annuity

Full name Date of birth UTU local number

Address City State ZIP Are you currently employed? Yes ❑ No ❑ Telephone number with area code Sex

Complete and mail to: UTUIA Sales Dept., 14600 Detroit Ave., Cleveland, OH 44107-4250 01/10

UTUIA seeks 2010 volunteer of the year The United Transportation Union Insurance If so, the UTUIA would like to know about it. A d d i t i o n a l l y, he or she will be honored at the Association is looking for a special person to A panel of judges at the UTU International 2010 UTU/UTUIA regional meeting nearest honor as its 2010 volunteer of the year. will review all submissions and select the 2010 his or her home, with all expenses paid by Do you regularly volunteer at a hospital or volunteer of the year. U T U I A . nursing home? Do you lead a Boy Scout or Girl The individual selected as UTUIA volun- Also, 20 runners up will be selected to receive Scout troop or work with the handicapped? Are teer of the year will receive a $1,000 U.S. Sav- certificates of appreciation for their volunteer you involved in some other activity that benefits ings Bond and a plaque of appreciation from efforts. those in your community? the UTUIA. Nominations must be received or postmarked by Friday, March 26, 2010. UNITED TRANSPORTATION UNION INSURANCE ASSOCIAT I O N The winning individual will be notified by reg- istered mail, and certificates of appreciation will 2010 Volunteer of the Year Nomination Form be forwarded to runners up as soon as possible. The decision of UTUIA judges is final. Previ- ous nominees may be nominated again; however, Name Local former Volunteers of the Year are ineligible to receive awards.

Address The Volunteer of the Year program is an opportunity for the men and women of the UTUIA to let their fraternal lights shine. City State ZIP It also provides an opportunity for UTUIA to recognize its volunteers for their outstanding contributions to others. Telephone number Dates of volunteer activities Nomination forms should be mailed to: UTU- ❑ ❑ $ IA Volunteer of the Year, Attn.: Tony Martella, Total volunteer time (hours, minutes) Weekly Monthly Value of contribution (if applicable) Director of Insurance, 14600 Detroit Ave., Cleveland, OH 44107-4250. Please attach a separate sheet of paper describing volunteer activities. The more documentation you can provide, the better. 1/10 Do not forget to include a separate sheet of paper describing the applicant’s volunteer UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION, 14600 DETROIT AVE., CLEVELAND, OH 44107-4250 a c t i v i t i e s .

www.utu.org / www.utuia.org Page 10 December 2009 / January 2010 UTU News UTU efforts improve crew facilities in Illinois After two years of work spearheaded by the with the commission. These complaints includ- UTU’s Illinois Legislative Board, the state’s rail “A major contribution came from ed Kansas City Southern’s shelter at East St. carriers, rail labor, the Illinois AFL-CIO and the UTU’s Larry Mann, an expert on rail- Louis; the Iowa Interstate crew base at Silvis; Illinois Commerce Commission have completed road safety and sanitation standards.” Norfolk Southern’s 55th Street crew shelter in a rulemaking updating the commission’s sanita- Chicago; Alton & Southern’s yard in East St. tion and shelter standards for railroad employee Guy said a major contribution to the rulemak- Louis; CSX’s Barr Yard in Riverdale, and the facilities. ing process came from UTU’s Larry Mann, an Canadian Pacific crew shelters at Bensenville “The revisions were long overdue,” said Illi- expert on railroad safety and sanitation standards. Yard. nois State Legislative Director Bob Guy, who “Larry is absolutely the best in the business.” In all cases, the commission found in favor of noted that several of the rules The effort stemmed from a series of com- the UTU and ordered the carriers to update their were so antiquated that mod- plaints filed by the Illinois Legislative Board facilities. ern public-health experts con- sidered them primitive. “The rules for lockers dated UTU members inaugurate Northstar back to the time when lockers Northstar, Minnesota’s first commuter rail were made of wood,” Guy said. line, began regular operations Nov. 16 after “The sanitation measures 13 long years of planning and lobbying by Guy for track crews working out- UTU members and others. side of yard limits had been UTU and BLET members operate five written before the development of portable trains from Big Lake to Minneapolis each chemical toilets,” he said, “and the language weekday morning, with another five return- regarding separate locker rooms, toilets and ing in the evening. In addition, there is one showers for female employees was way behind train daily for reverse commuters. the times.” Three trains head to Minneapolis and Guy said the effort to update the commission’s back on Saturdays and Sundays, with addi- rules began more than two years ago when his tional trains offered for special events such predecessors, Joe Szabo and retired Assistant as Vikings games. Legislative Director John Burner, joined the According to Metro Transit, which oper- state’s other rail labor groups in reviewing lan- ates the service, people rode Northstar guage of the Illinois Administrative Code. trains 33,112 times during the first 15 days of “Rail labor, the carriers, the commission – operation, which included the Thanksgiving everybody had to be in it and contributing input holiday. Daily ridership averaged 2,207, right from the beginning,” Guy said. which is in line with planned goals.

THE UTU INTERNATIONAL STAFF: HERE TO SERVE YOU

BONNIE STOFFER TOM REDMOND JEANNE LATEVOLA Bonnie Stoffer is a billing auditor for the Tom Redmond is a service representative for Jeanne Latevola is a sales and underwriting UTU. She started as a clerk in the Updating the UTUIA. He started in 1998, first in the assistant for the UTUIA. She started in 2007 as Department in 1980 and headed the Keypunch Claims Department. In 1999, he assumed his a UTUIA marketing and sales representative. Department for three years present responsibilities. Red- She assumed her current posi- before assuming her present mond confirms and records tion in 2008. “I process life- position in 2002. “I oversee the changes in insurance coverage and health-insurance applica- financial statements of more and helps policyholders identi- tions, communicating with than 50 locals,” she said. “I fy the benefits their insurance field supervisors and members check on the accuracy of local provides. “I estimate I have as needed. I forward sales leads treasurers’ billings, check the produced about 18,000 letters, to the field supervisors and status of dues collections, endorsements and other docu- order supplies. I order reports retirement dates, answer tele- ments in the last ten years,” he that are necessary for under- phone calls from members and treasurers about said. “I truly enjoy helping our members so that writing, like medical records, exams and pre- billings and reconcile shortages and overages. I they can make well-informed decisions about scription checks. I worked for the Erie Lack- enjoy helping the members with their problems their insurance coverage. It’s sort of a humbling awanna years ago and am happy to be back. The and treasurers with their billings. I love my treas- experience.” people at the UTU are a pleasure to work with.” urers; I love my job.” Meet your UTU Designated Legal Counsel There is no more dangerous work environment than on the railroads, safety hazards, and every aspect of the FELA. They are the UTU Designated where injuries too often are severe. The Federal Employers’ Liability Act Legal Counsel, chosen for their special knowledge and experience. Their job (FELA) makes railroads accountable for unsafe working conditions. Rail- is to represent you. This continuing column introduces you to all of the UTU roads retain skilled attorneys to protect their interests. You also have access Designated Legal Counsel. For a complete listing, go to the UTU home page to skilled and experienced attorneys who understand the railroad industry, its at www.utu.org and click on the blue tile, “Designated Legal Counsel.”

MICHAEL F. TELLO R. EDWARD PFIESTER JR. Tello & Associates Pfiester & Russo 2150 Third Avenue North, Ste. 10 2000 Riverside Dr. Anoka, MN 55303 Los Angeles, CA 90039 (763) 427-0159 (323) 662-6400 (800) 760-2850 toll free (800) 344-3352 toll free [email protected] [email protected]

As a former local chairperson for 25 years, I can tell you nothing is simple After more than 30 years of trying FELA cases, the two biggest errors I see anymore. Changes to the Americans with Disabilities Act (ADA), the Fam- injured railroaders and their families make are: 1) not listing ALL items of ily & Medical Leave Act (FMLA) and the Federal Rail Safety Act (FR S A ) railroad fault/negligence by ALL railroad departments and 2) waiting to affect all railroaders. The complicated interaction of these laws with the contact designated legal counsel (DLC) for free consultation. Remember, FELA means that knowledgeable and experienced DLC are more important DLC give free, confidential advice – without obligation. than ever to protect your rights. Call a DLC for a free consultation.

www.utu.org / www.utuia.org December 2009 / January 2010 UTU News Page 11 UTUIA SC H O L A R S H I P: A KE Y T O SU C C E S S A message from UTU International President Mike Futhey

S c h o l a r s h i p Education is the key to success, and the key to an education can be a United Transportation Union Insurance Association scholarship. With college enrollment time upon us, we strongly urge all eligible persons P r o g r a m to take a few minutes to fill out the UTUIA scholarship application form print- ed below and apply for a UTUIA scholarship. It will be one of the smartest DISTRIBUTION things they ever do. Fifty continuing $500 scholarships are awarded each year upon This is the 36th year UTUIA is making available 50 con- verification of enrollment for the fall term. The scholarships are pro- tinuing $500 scholarships for its members, and the sons, daughters and grandchildren of its members. We are very rated according to the number of UTU members in each of nine dis- proud of our scholarship program, a pride that comes from tricts. The names of the 50 scholarship winners for the academic helping thousands of college students over the years. year 2010/2011 will be drawn at UTUIA headquarters in Cleveland We realize the amount awarded, $500 a year, doesn’t after the March 31, 2010, deadline for submission of applications. meet the full cost of the recipient’s education, but in this way we can help a larger number of students with educa- ELIGIBILITY tional costs. They may use the scholarship money for Requirements for a scholarship applicant are that he or she be at tuition, learning materials or other related expenses. least a high school senior or equivalent; age 25 or under; be a UTU UTUIA scholarship winners will receive the full amount of the award each member or UTUIA-insured member, the child or grandchild of a UTU year for up to four years of undergraduate study as long as they maintain a member or UTUIA-insured member, or the child of a deceased UTU satisfactory academic record. member or UTUIA-insured member. (If member is deceased please With a UTUIA scholarship, we hope to give the recipient the opportunity include date of death). UTU members or UTUIA-insured members for a full-time education instead of a part-time education, day school instead must be U.S. residents. of night school, higher education instead of basic training. We are proud also in knowing that UTUIA scholarship recipients are Applicants also must be accepted for admittance, or already enrolled in some of the finest and most prestigious colleges and universi- enrolled, for at least 12 credit hours per quarter or semester at a ties in the world. We also can point proudly to the many achievements of recognized institution of higher learning (university, college or junior past scholarship winners who have contributed so much to our great college, nursing or technical school offering college credit). n a t i o n . Graduate schools are not included. Families of full-time International U T U I A is proud and happy to provide these scholarships for they are an o fficers are not eligible. opportunity for achievement. The success of deserving students is our success and the benefits are boundless. The key to success is education, AWARDS and the key to education is a UTUIA scholarship. Take a minute to apply Scholarships are awarded on the basis of chance, not grades. A for the chance of a lifetime. UTUIA scholar, however, is expected to maintain a satisfactory aca- As the saying goes: “If you think demic record to keep the scholarship for the full four years. education is expensive, try ignorance.” ADMINISTRATION The UTUIA Scholarship Committee decides whether individual Mike Futhey, President UTU International scholarships should be continued or discontinued. Each successful applicant must provide annual proof of eligibility on or before a dead- line set by the scholarship committee to qualify for a continuing award. The day-to-day management of the program is handled by UTUIA SCHOLARSHIP the office of the UTUIA general secretary and treasurer. APPLICATION FORM 2010/2011 INVEST IN THE CHANCE OF A LIFETIME (PLEASE TYPE OR PRINT) The UTUIA Scholarship Program is an open program. All eligible students, regardless of previous grades or future plans that don’t STUDENT’S NAME BIRTH DATE / / happen to include college, are strongly urged to apply, to take five (LAST) (FIRST) (M.I.) (M/D/Y) UTU Local # minutes to invest in the chance of a lifetime, the chance for a better MEMBER’S NAME or future. (LAST) (FIRST) (M.I.) UTUIA Local Unit #

ADDRESS OF MEMBER UTUIA SCHOLARSHIP DISTRICTS OCCUPATION District Scholarships Connecticut, Maine, Massachusetts, New Hampshire EMPLOYER 1 New York, Rhode Island, Vermont 4 STUDENT’S RELATIONSHIP TO MEMBER Delaware, District of Columbia, Maryland, New Jersey, 2 Pennsylvania 5 COLLEGE YEAR, 2010-2011 ❐ FRESHMAN ❐ SOPHOMORE ❐ JUNIOR ❐ SENIOR Alabama, Florida, Georgia, Kentucky, Mississippi, North 3 Carolina, South Carolina, Tennessee, Virginia, West Virginia 10

SIGNATURE OF STUDENT 4 Indiana, Michigan, Ohio 3 5 Illinois, Wisconsin 4 SIGNATURE OF MEMBER (Please include date of death if member is deceased. ) 6 Arkansas, Louisiana, , Texas 6 Iowa, Kansas, Minnesota, Missouri, Nebraska, Applications must be received no later than March 31, 2010. 7 North Dakota, South Dakota 7 Please submit only one application per student. Incomplete, photocopied or duplicate applications will not be accepted. Arizona, California, , Nevada, New Mexico, Utah 8 8 The application form printed on this page is the official UTUIA schol- arship application form and is the only one you will receive. If you 9 Alaska, Idaho, Montana, Oregon, Washington, Wyoming 3 need another application form, request one from the address below. Please include your UTU local or UTUIA local unit number with your request. Complete the form above, cut it out (leaving address on reverse side, if possible), and mail to: UTUIA Scholarship Program United Transportation Union Insurance Association 14600 Detroit Ave. Cleveland, OH 44107-4250 www.utu.org / www.utuia.org

Periodicals Postage Volume 41/42 December 2009 / January 2010 PAID at Cleveland, Ohio, Number 12/1 and Additional www.utu.org / www.utuia.org Mailing Offices DEC 2009 / JAN 2010 ISSN 0098-5937 Published monthly (except for www.utuia.org www.utu.org combined months of Dec- ember/January and July/August) The Official Publication of the United Transportation Union by the UNITED TRANSPORTA- TION UNION, 14600 DETROIT AVE., CLEVELAND, OH 44107- 4250 • Periodicals postage paid at Cleveland, Ohio, and addition- al mailing offices • Mike Futhey, International President; Kim NJT starts pilot close-call project Thompson, General Secretary & A confidential close-call reporting system is up and run- “The involved labor organizations, NJT and U.S. Treasurer • This publication avail- ning systemwide on New Jersey Transit, with the UTU, DOT agencies worked closely to forge a quality memo- able on microfilm from National American Train Dispatchers Association and the Brother- randum of understanding to ensure the program will Archive Publishing, P.O. Box 998, Ann Arbor, MI 48106. hood of Locomotive Engineers and Trainmen participating. work on this property,” said NJT General Chairperson (Local 60, Newark) Pat Reilly. “We all worked together POSTMASTER: Send address This is the first pilot project involving a passenger changes to UTU News, 14600 operation. The project does not apply to NJT trains oper- with one goal in mind: a safer workplace.” Detroit Ave., Cleveland, OH ating over Amtrak and Conrail lines. 44107-4250. UTU members participating include Please recycle The project permits an employee to make a more than 1,200 conductors, assistant confidential report of safety concerns, and conductors and yardmasters. Sponsored by the Federal Railroad even violations of operating rules, while Administration, the project permits an receiving immunity. employee to make a confidential report This month’s winning photo: of safety concerns, and even violations Reilly, a former accident investigator for the National The UTU Public Relations of operating rules, while receiving Transportation Safety Board, and also a former FRA safe- Department awards UTU gear Reilly to the union member who sub- immunity from sanction by the ty inspector, said the project is “the best I have ever seen mits the best photograph dur- employer and the FRA. in my 38-year railroad career. I believe this project will ing the previous months. The winning photo will be The object is for otherwise unreported or underreport- identify and correct potential problems before they turn published in the UTU News. ed information on unsafe events be made available for into a major problem or a possible accident.” Exceptional photographs will be included on the UTU Web study by an on-property peer review team of labor, man- The identity of those reporting close calls remains site. agement and FRA representatives. confidential, including any information as to date or The UTU would like to see location of the event. photographs or digital photo- The analysis of this data will then be used to recom- graphs of work-related scenes, mend corrective action, which might include new or Examples of close calls include running through a yard such as railroad, bus or mass transit operations, new equip- improved training methods, changes in the physical switch that does not result in an accident, improper ment photos, scenic shots, plant, changes in existing federal safety laws or regula- blocking, and a train in non-signal territory that pro- activities of your local, or pho- tos of your brothers and sisters tions, or changes in carrier operating rules. ceeds beyond its authority. keeping America rolling. Printed photographs should be mailed to UTU News, 14600 Detroit Ave., Cleveland, OH 44107. Inside this issue of the UTU News: High-resolution digital pho- tographs should be in the JPEG format and e-mailed to “[email protected]”. With each photograph, please include your name and UTU local number, the names of the persons in the photo (left to right), where the photo was taken, and all other pertinent information. All photographs submitted become property of the UTU. This photo of a Great Lakes Airlines aircraft was taken by Shane Lembke, a first officer with SLD Bates wins coveted CDL-holder Hersman National rail contract Former SLD Thompson Remember to review your employer’s policies regarding Great Lakes and member of Local 40, . “A gorgeous sun rises in the background as Amtrak safety award. warns drivers of distrac- negotiations are under- named to UTUIA use of cameras on the property Great Lakes ship 245GL is refueled in Phoenix, Ariz., for its early morning departure to Page, or during work hours. Ariz.,” Lembke said. See page 2. tion, fatigue. See page 4. way. See pages 6/7. board. See page 8.