UTU News. June2008
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Volume 4 0 June 2008 N u m b e r 6 www.utuia.org www.utu.org The Official Publication of the United Transportation Union News and Notes U.S. rail members ratify Accidents take members Three UTU members – Eli A. Locklear, James Wilson, and David C. Goolsby – have U T U national agre e m e n t been killed in separate incidents. By overwhelming margins within each craft, “ A d d i t i o n a l l y,” said Futhey, “the UTU was L o c k l e a r, 46, a CSX conductor and member of Local 1011 at Hamlet, N.C., was killed May members of the United Transportation Union the only union to gain continuation of a COLA, 26 when he was crushed by tons of coal while have ratified a new national rail agreement beginning in 2010, while a new agreement is unloading a train. He was part of a two-person covering wages, rules and being negotiated. The COLA put crew that was unloading a 97-car train at working conditions. some $7 more per day in members’ Progress Energ y ’s Weatherspoon Plant when he The ratified agreement is pockets while we were at the nego- either fell or was pulled down into the coal. retroactive to Jan. 1, 2005, tiating table this round. Wilson, 35, a UP conductor and member and remains in force through “ We also retained, undis- of Local 923 in Dalhart, Texas, was riding on Dec. 31, 2009. turbed, our locally negotiat- top of a train car that was being pushed in an Amarillo, Texas, yard when he fell and was “In the face of recurring ed crew-consist agreements, hit by the train. He died at the scene. news reports of overall wage and the carriers retreated G o o l s b y, 47, a Union Pacific switchman, declines in American industry, tens of from their attack on the Federal was killed June 8 in Houston, Texas, when thousands of American job losses, and Employers’ Liability Act (FELA),” a train ran him over during a switching reductions in health-care benefits and Futhey said. accident. He was a member of Local 1892 pensions for millions of workers, UTU mem- Voting closed at midnight, June 9, and the bers covered by this agreement gain a 17-per- in Houston. American Arbitration Association, which cent wage hike, retroactive pay, no change in work rules, an increase in the meal allowance, conducted and tabulated the telephone bal- First Coast workers sign loting, reported that 18,076 votes were cast, Employees of First Coast Railroad, Fernan- and a cap on health-care contributions with dina Beach, Fla., a property of rail holding no reduction in health-care benefits,” said with 15,313, or 85 percent, voting in favor of company Genesee & Wyoming, have voted UTU International President Mike Futhey. the agreement. Some 45,000 ballots were to be represented by the UTU. Effective Jan. 1, 2010, new hires will gain mailed, meaning 40 percent of those eligible The 31-mile switching railroad was health-care coverage in just 30 days, rather to vote cast ballots. acquired from CSX in April 2005 by G&W than the previous 120 days. The tentative agreement sent out for ratifica- subsidiary Rail Link. It provides switching tion was reached Jan. 23, following more than services at the Port of Fernandina, Fla. “The ratified agreement also provides for arbitration to settle the dispute over entry rates 38 months of negotiations with the National Organizing assistance was provided by Carriers’ Conference Committee, which repre- retired General Chairperson Warner Bieden- tied to training, and with arbitrators we will have a hand in choosing,” Futhey said. The sents BNSF, CSX, Kansas City Southern, Nor- harn Jr. (GO 433), and General Chairperson folk Southern, Union Pacific and numerous (GO 347) Doyle Turner (Local 1962). arbitration process will begin within 30 days under terms of the ratified agreement. Continued on page 10 Federal court urges SMART constitution AKRON, Ohio – A hearing was held in federal voted last year to approve the SMART merger. the merger on hold until the case, and any district court here May 28 on a motion by former UTU members were unaware, for example, of appeals, run their course. UTU International President Paul Thompson, six conflicts between the two constitutions. Futhey said he understood the judge to say that UTU International vice presidents, and the UTU By agreement of the parties, the TRO has “it would be in the best interests of all concerned to national legislative director to intervene in been extended twice. On April 10, the TRO put together a SMART constitution and resubmit the case challenging the merger between was extended into early June to permit the merger to the UTU members for ratification. the UTU and the Sheet Metal Wo r k e r s Judge Adams to rule on the motion to “Failure to do that,” said Futhey, recalling the International Association. intervene, and it will remain in effect for judge’s words, “could result in lengthy litigation The merger would create the Inter- 10 days following his ruling. J u d g e and cause the memberships’ dues to be spent on national Association of Sheet Metal, Adams did not say when he would rule. legal fees. The judge said that there has got to be A i r, Rail and Tr a n s p o r t a t i o n At the May 28 hearing, Judge Adams a better way to spend union dues money.” ( S M A RT) Wo r k e r s . heard testimony from some of the pro- The merger’s scheduled Jan. 1, 2008, imple- posed interveners, as well as from UTU Warning issued on Chantix mentation was halted Dec. 27 when Federal International President Mike Futhey. The Federal Aviation Administration has District Court Judge John R. Adams issued a In addition to deciding whether to permit banned the use by pilots and air traffic con- temporary restraining order (TRO) in response to a Thompson and the others to intervene, the judge trollers of the anti-smoking prescription med- complaint that UTU members had not been given must rule on whether to grant a preliminary ication varenicline, which is sold by Pfizer a SMART constitution with the voting materials. injunction, which would supplant the TRO. under the name Chantix. On June 6, the Fed- As a result, the complainants said, UTU mem- Judge Adams said he now has sufficient infor- eral Motor Carrier Safety Administration sent bers did not have sufficient information on mation to make his ruling on a preliminary the following advisory to medical examiners: which to make an informed decision when they injunction. A preliminary injunction would keep “While we do not name any medications, such as Chantix, in FMCSA regulations, it appears that medical examiners should not cer- Railroad Retirement Board hikes benefit rate tify a driver taking Chantix because the med- ication may adversely affect the driver’s ability The maximum daily benefit rate payable for 14-day registration periods, so maximum benefits to safely operate a commercial motor vehicle.” claims under the Railroad Unemployment Insur- for biweekly claims will total $610. ance Act increases to $61 from $59 in the new A DOT official told the UTU June 4 that Application forms for unemployment and the Federal Railroad Administration and the benefit year, which begins July 1, 2008, the Rail- sickness benefits may be obtained from railroad road Retirement Board reports. Federal Motor Carrier Safety Administration employers, railroad labor organizations, any Rail- may soon issue their own ban, which would Benefits are normally paid for the number of road Retirement Board (RRB) office, or the affect rail workers and bus operators. days of unemployment or sickness over four, in agency’s Web site at www.rrb.gov. Page 2 June 2008 UTU News Local 23, Santa Cruz, Calif. ment to approximately 60 members and their wives. Member Rhiannon Axton reports that the The UTU Auxiliary provided a barbecue meal and local has put together a yearbook entitled The the law firm of Rossi, Cox, Vucinovich, Bremseth Transit Tribune for co-workers employed by the & Flaskamp provided refreshments and snacks, Leg- Santa Cruz Metropolitan Transit District. islative Rep. Randy Dunson r e p o r t e d . Local 171, Aurora, Ill. Local 1529, Walbridge, Ohio Local Chairperson Chris Ta u s served as coordi- Members of this CSX local are working to assist nator for the sixth annual Tri-State Rail Confer- brother Joe Lisk, who lost a leg in a switching ence held in Rolling Meadows on May 17. Speak- accident after a truck ran a crossing and struck ers at the meeting, which promotes unity and con- him, Secretary & Treasurer Mike Obrock report- structive relationships among UTU locals, includ- ed. Individuals interested in helping Lisk can ed International President Mike Futhey, Interna- send donations in his name to the CanDo Credit UTU Kentucky State Legislative Director David Mira- Union, 113 S. Main St., Walbridge, OH 43465, tional Vice President John Babler, State Legisla- cle, left, congratulates UTU member Mark Bruker after tive Director Joe Szabo, Federal Railroad Admin- the members of UTU Local 1190 presented Bruker with or call (419) 666-3113. “Brother Lisk was a good istration Rep. Mike Long and UTUIA Field a UTU jacket for his heroic actions. They are joined by union and family man and we are doing what we Supervisor Aaron Combs. “I believe this confer- Legislative Rep. Andy Volpenhein, second from left, and can to help him out,” Obrock said.