Volume 43 April 2011 Number 4

www.utuia.org www.utu.org The Official Publication of the United Transportation Union UTU sets up collective bargaining defense fund

A collective bargaining defense fund has been created by the UTU International to counter union-busting efforts in state legislatures throughout the country. As widely reported, anti-union right-wing extremists are targeting labor unions for destruc - tion by pushing legislation to revoke public- employee collective bargaining rights, prohibit payment of union dues through payroll deduc - tion, curtail union-member PAC donations, and require that unions conduct union-treasury- draining annual representation elections. “The attack on public-employee unions is not the end game,” said UTU International Presi - dent Mike Futhey. “The end game is destruction of all labor unions in America. Today’s battle tar - gets public employees. If the extremists succeed, airline, and railroad unions are next.” An assault on the Railroad Retirement System and its Tier II benefits also has been suggested by some union-busting advocates. One right-wing blog is predicting the end of labor unions in America, recklessly blaming collective bargain - ing for scores of society’s economic ills. “Right-wing extremists are terrified by our Hero co-pilot Jeff Skiles, second from left, who was the co-pilot of the US Airways jet that safely crash landed on the Hudson River in in 2009, and two unidentified flight officers, join with UTU General Chairperson Jim Nelson (CP, GO Continued on page 10 261) at a rally in Madison, Wis., in support of collective bargaining rights. NMB officials join negotiations Three killed when In an effort to facilitate a new national rail and many smaller railroads. Some 40,000 UTU train rams crew van agreement between the UTU and most of the members employed by those railroads are covered KELSO, Wash. – A van shuttling BNSF work - nation’s railroads, two members of the National by the national agreement. ers to Vancouver, Wash., was struck by a BNSF Mediation Board attended the ninth negotiating The national agreement came open for amend - freight train at a private crossing here March 23, session between the UTU and the Nation - ment Jan. 1, 2010, and remains in force killing two van passengers and the van driver, and al Carriers’ Conference Committee until amendments are concluded under critically injuring another pas - (NCCC) in late March. provisions of the Railway Labor Act. senger. NMB members Linda Puchala, a Demo - The two sides have been pursuing inter - Killed were conductor crat, and Elizabeth Dougherty, a Republi - est-based bargaining in their talks. Interest- trainee Chris Loehr , 28, of can, met with both sides as facilitators. based bargaining involves joint problem Seattle; engineer and BLET The UTU is the only rail union not in solving whereby both sides seek to under - member Thomas J. Kenny, 58, mediation with the carriers, and the board stand the needs of the other. It differs from a 22-year BNSF employee of members’ appearance was not in a mediat - demand-based bargaining, where each Shoreline, Wash.; and the ing role. Once the sides enter mediation, Puchala side’s list is endless. Loehr Coach America Crew Trans - the NMB takes charge of negotiations. “Our negotiating team has been armed port driver, Steven Dean “We continue to make progress through with a solid understanding of carrier eco - Sebastian, 60, of Castle Rock, Wash. interest-based bargaining toward develop - nomics and fact-based arguments justifying Loehr signed on with BNSF in January after his ing a common framework recognizing the our Section 6 notice that was prepared by honorable discharge from the U.S. Army. He was needs of both sides, and we remain pre - our general chairpersons,” Futhey said. an Iraq combat veteran, according to his family. pared to reach a voluntary agreement with In addition to UTU lead negotiator Pres - Critically injured and hospitalized is UTU the carriers,” said UTU International Pres - ident Futhey, UTU officers on the negoti - member and conductor Dwight L. Hauck , 51, of ident Mike Futhey. ating team include Assistant President Auburn, Wash., a member and trustee of UTU Dougherty “At the March session, the negotiations Arty Martin; National Legislative Director Local 324 with 22 years of railroad service. James Stem; UTU International Vice Pres - were focused on specific issues with partic - The Longview Daily News reported the shuttle idents Robert Kerley and Delbert Strunk; and ipation by the NMB officials,” Futhey said. “Non- van had just departed a BNSF yard at Kelso and General Chairpersons John Lesniewski (CSX, referable proposals were exchanged and positions was crossing the tracks at the private crossing discussed.” Non-referable proposals mean that GO 049), Pate King (NS, GO 680) and Doyle Turner (CSX, GO 347). when struck by a northbound freight train with a proposals now on the table cannot be put before consist of three locomotives and 106 carloads of a third-party presidential emergency board were Negotiations also continue between the grain. The Seattle-bound train had originated in that to occur. NCCC and two other rail-labor coalitions – both Crookston, Minn. of which are in the mediation phase. “A tenth negotiating session is scheduled for The BNSF operating employees in the van One coalition includes the Transportation late April, and we have been promised continued reportedly had brought a train from Seattle to Communications Union, the American Train assistance by the NMB,” Futhey said. Kelso and were being transported by Coach Dispatchers Association, the International Asso - The NCCC represents BNSF, CSX, Kansas America Crew Transport to Vancouver for City Southern, Norfolk Southern, Union Pacific Continued on page 10 overnight lodging. Page 2 April 2011 UTU News AArroouunndd tthhee UUTTUU Local 117, Vancouver, Wash. Lo cal 756, San Antonio, Texas Following a 36-year career with Union Pacific Local Secretary & Treasurer Mike Araujo that began with working as a tie-gang foreman, advises all members that this Union Pacific Local Chairperson Andy Traverso retired March local’s website address has been changed to 31, Acting Local Chairperson Jeff Cubley http://0756.utu.org. reports. Throughout his career, Traverso served this local as secretary & treasurer, vice local Local 768, Decatur, Ill. chairperson, local chairperson and delegate. He The Cornerstone Tavern and the Brennan Law also served as vice general chairperson of UP GO Offices, P.C. (designated legal counsel), are spon - 953. Cubley said Traverso is looking forward to soring Larry-Palooza, a tent party to benefit member fishing, golfing and extensive travel with his Larry McVay , an NS conductor who lost his right arm and leg in a switching accident Jan. 3, Secretary wife, Carlene. Friends may contact him at atra - conductor Bruce Bachman, in full uniform, [email protected]. & Treasurer Dan Calhoun reports. The event, tells kindergarteners at Harvey Oaks Elementary which will be held from noon to 7 p.m., April 30, School about “The Little Engine That Could.” Local 340, Connellsville, Pa. outside the Cornerstone Tavern at 1190 Southside Members of this CSX local joined hundreds of Guest reader Bruce Bachman Dr. in Decatur, Ill., will feature a silent auction, other working men and women at a rally outside conducts classes his way 50/50 raffles, food and entertainment. The Corner - the Maryland State Capitol on March 21 to sup - stone is owned by UTU member Craig “Woody” port organized labor and collective bargaining March was “back to school” month for Wilson . For more information, or to make a dona - rights, Vice Local Chairperson Ed DeMott Amtrak conductor Bruce Bachman . tion, call Calhoun at (217) 454-5040. Calhoun also reports. Local Chairperson Bill Conrad , Vice Not only was he attending full conductor noted that at the local’s February meeting, members Local Chairperson Mike Lowery , Treasurer training last month – which he successfully collected $320 for Vice Local 1216 Chairperson John Gladem , Jeff Weaver , Harry Landis , Al completed – he was volunteering as a guest Matthew Crawford , who has been unable to work Pichura , Mike Bobb , Local 340 Historian Tom reader at his children’s elementary school as for an extended period due to illness. In other news, Kramer and DeMott were in attendance, along part of the school’s Read-A-Thon program. Local Legislative Rep. Carl Draper was a guest on with Maryland State Legislative Director Larry Bachman, in complete uniform, read a radio station WZUS’s Labor’s Voice radio show Fri - Kasecamp , Local 600 Chairperson Dan Strang , book to two first-grade classes and a kinder - day, Feb. 25. The show is dedicated to working peo - Local 631 Chairperson Tom George , Baltimore garten class. ple and their issues and discusses everything from community outreach to charity to workers’ rights. Division Safety Team Chairman J.R. Wagner The book? “The Little Engine That and BLET member Dave Everline. “We are Could ,” of course. proud to say that we were the largest group of Local 1440, , N.Y. “This is a big deal for this school,” Bach - Former Local President and Secretary & Treasur - rail labor from the state of Maryland. This event man said. “They usually invite local media er John P. Burman died March 12, according to was a reminder that, in addition to the daily personnel, or what we think of in little Oma - Secretary & Treasurer Darrell Jicha . A 38-year fight we have at CSX to ensure our brothers and ha, Nebraska, as celebrities.” employee of the , Burman sisters are treated fairly, we must also join was a third-generation worker on the railroad. His “They had a blast with this book, learning together to make our voices heard on the leg - grandfather and mother both worked at what was about the different trains and what each of islative front,” DeMott said. originally the B&O on Staten Island, which later them do,” Bachman said. “I truly enjoyed became the MTA’s Staten Island Railway. A Local 378, Cleveland, Ohio answering questions from the kids about memorial railroad run is being planned for April, Safety committee members at Cleveland’s what my job involves and where I go when I Jicha said. In other news, Secretary & Treasurer Collinwood Yard have teamed with the Cleve - am on the train.” Vincent LaBella noted the retirements of Norman land Food Bank to support the 2011 Harvest for Making his classroom debut even more Gilby , Thomas Poggi and Stephen Cyriacks , who Hunger program, member Jerry Lambert special was the fact that Bachman’s seven- were honored at the local’s second annual holiday reports. Members gathered outside the city’s IX year-old daughter, , was a member and service-recognition awards dinner in Decem - Center during the Autorama custom car show to of one of the first-grade classes at Harvey ber. Also recognized were Union Members of the collect nonperishable food items and $800 in Oaks Elementary. He and his wife, Melanie, Year Bill Crocco (vice president) and Jerry Rug - cash, held a safety cookout that netted $1,000 also have a nine-year-old son, Brandon, and giero (vice general chairperson). International from employees, and are selling discount a five-year-old daughter, Bailee. Vice President Delbert Strunk and Staten Island coupons to various events to raise money for the Railway management were also in attendance. Cleveland Food Bank. “We are also donating Along with his book and his tales from the our ‘doers for dollars’ hours. After each employ - rails, Bachman also gave all the students jun - Local 1608, Chatsworth, Calif. ee donates 40 hours of service to the food bank, ior conductor caps, courtesy of Amtrak. The members of this LACMTA local congratu - CSX will donate $400 per person to the food Bachman hired out with Amtrak in April late recent retirees Raymond Andrews and bank,” Lambert said. 2010. He had worked as an assistant conduc - Patricia DeArmond , whose careers began on tor on the extra board and is looking forward June 29, 1973, and Nov. 13, 1983, respectively. Local 407, Charleston, S.C. to his promotion as full conductor with the “Our local wishes them the best of luck in their The members of this joint Norfolk completion of his training last month. A retirement,” said LCA Secretary Jack Dedrick . Southern/CSX local held its second annual member of UTU Local 1525 at Carbondale, Christmas party at the Holiday Inn Express in Ill., Bachman said he is looking forward to Local 1951, Albany, N.Y. Summerville last December and admission serving as a volunteer reader again. On April 18, Vice Local Chairperson Michael Doherty will once again be participating in the required an unwrapped present for a young boy or “My husband has never been so excited Boston Marathon to raise money for the Dana- girl, Local Secretary & Treasurer Mike Corrigan about a job as he is with being an Amtrak Farber Cancer Institute. Over the past eight reports. More than 100 presents were collected conductor,” Melanie said. “When he talks and presented to the Omar Shriners, known for years, Doherty has raised more than $55,000 for about the railroad, he just lights up! He was cancer research at the institute. He said he has their charitable work with children, of which very proud to participate in the Read-A- conductor Bradley “Scott” Blalock is a member. already raised $8,000 toward his goal of $10,000 Thon and is proud to work for Amtrak. for 2011. To contribute, send checks payable to The party was sponsored by the designated legal They are a great employer.” counsel firm of Rossman, Baumberger, Reboso, Dana-Farber Marathon Challenge (DFMC) to Michael Doherty, 76 Pike St., Tewksbury, MA Spier & Connolly in Miami. 01876, or visit www.runDFMC.org/2011/miked. Local 504, Wheeling, W. Va. A fund has been established at the Victory CSX GO 851, Jacksonville, Fla. Baptist Church to assist member David General Chairperson John Hancock retired Archer , who was injured in a rail collision March 31 after 33 years of Aug. 10, 2010, fellow member Norbert service. Prior to his 12 years as “Steve” Carroll reports. Following surgery to general chairperson, Hancock repair a herniated disc in his neck, Archer has also served five years as vice suffered from sleep deprivation, memory loss general chairperson and nine and other ailments and is still unable to return years as chairperson of Local to work. A married father of three, Carroll said 1011 at Hamlet, N.C. “Broth - Archer is “admired by everyone who has er Hancock was, and still is, a worked with him. He is a hard worker, always great mentor, and I am fortu - on time, always in a good mood, and willing to nate in being able to rely on go the extra to get the job done.” To assist Hancock his counsel and advice,” said Guests at the Local 407 Christmas party included the Archer family with bills and expenses, send newly elected General Chairperson John D. UTUIA Field Supervisor Malcolm “T-Bone” Morrison, contributions to the Victory Baptist Church, Whitaker . The members of the general committee Danny Kelly, Scott Blalock, Howard Spier, a Shriners P.O. Box 807, Grantsville, WV 26147, or call and office staff wish Hancock and his wife, Sandy, representative and Danny Cockrell. Carroll at (304) 639-7016. the very best during his retirement.

www.utu.org / www.utuia.org April 2011 UTU News Page 3 Rail labor seeks remote limits, better cabs Federally mandated improvements to locomo - operation of remote control locomotives. It is tive cab security and comfort, along with time to do so, they said, and the regulation should enforceable remote control operation (RCO) include a prohibition of RCO on mainline track. regulations, are being sought by the UTU and “The manufacturers of the remote control the BLET in joint comments filed with the Fed - locomotive technology in use today designed the eral Railroad Administration. software and equipment for switching operations, Significantly, the FRA is being asked to ban not mainline movements,” the organizations said. remote control operation on mainline track. Additionally, the organizations seek a regula - The two organizations responded to an FRA tion mandating remote control operator units “be Notice of Proposed Rulemaking to update, con - as simple in design and uncluttered with any solidate and clarify existing locomotive safety function not necessary for safe operations.” regulations. The UTU and the BLET also asked the FRA to Following are the requests made by the two develop an improved electronic record-keeping organizations to the FRA: Locomotive cab security Rail labor asks FRA to develop A fatal shooting of a conductor, and wounding tives – as well as locomotives already equipped of the engineer, by a street thug in New Orleans with air conditioning – maintain an interior cab system to track on-duty hours in June 2010 highlight the imperative of climate of between 60 degrees and 80 degrees enhancing crew member cab security. But sealing Fahrenheit. system for employee on-duty hours in remote con - trol service. Under the FRA’s current record-keep - the locomotive cab also requires adequate air As for window glazing, the two organizations ing, they said, it is difficult to compare accurately conditioning and improved window glazing (bul - said, “If a glazing is available that can protect the number of employee hours worked in remote let-resistant material). operating employees from most of the firearms control switching versus conventional switching. Extreme heat in the cab can accelerate crew available to common criminals, then FRA fatigue, slowing reaction time and compromising should require the installation of such glazing on “Switching hours must be accurately recorded train safety. the locomotives.” so that the number of accidents, incidents and fatalities can be compared on an apples-to-apples Requested of the FRA is a requirement that all The UTU and the BLET note that the FRA basis,” the UTU and the BLET said. newly purchased and reconstructed locomo - has yet to issue enforceable regulations for the Improved locomotive seats also are requested. The organizations said railroads continue to scrimp on proper seating on new locomotives Commuter rails seek to delay PTC without regard for the safety or health of crew Some 24 commuter railroads, members of the PTC can prevent train-to-train collisions, members – an effort to save a mere $220 on a American Public Transit Association (APTA), unauthorized train movement into a work zone, $2.2-million locomotive. have asked Congress to delay for three years halt movement of a train through a switch left in “Improper and unsafe seats have caused many implementation of the life- and limb-saving tech - the wrong position, and stop speeding trains. injuries and illnesses to operating crews in the nology offered by positive train control (PTC). Also testifying was rail labor, which supports past decades, and now is the time for FRA to Los Angeles Metrolink and Chicago Metra are the 2015 implementation date. accept the scientific facts and offer requirements the only two commuter lines opposing the delay. Emphasizing that many deaths – passenger and for specifications of locomotive seats on occupied The APTA asked that the deadline for imple - crew – could have been saved and will be saved by locomotives,” said the UTU and the BLET. mentation of PTC on routes be PTC, the rail labor organizations told the sub - Said UTU International President Mike Futhey: delayed for three years – from Dec. 31, 2015, to committee, “There is no such thing as federal reg - “Safety regulations with real teeth in them are long Dec. 31, 2018. ulatory overreach when it comes to returning our overdue. The cooperative effort of the UTU and members safely to their families.” the BLET is much more likely to secure meaning - Said UTU National Legislative Director James ful safety regulations than if we acted separately, Stem: “Implementation of PTC is a small price to because the task before us is just too difficult for Mother of UTU pay for saving lives and limbs. PTC, long advo - either of us to work independently.” cated by the National Transportation Safety Said BLET National President Dennis Pierce: president dies Board, will become an integral part of the safety “BLET and UTU remain united and unwavering overlay protecting passengers, the public and in our commitment to the safety and security of MEMPHIS, Tenn. – Coy Marie Bradshaw train crews.” our members.” Futhey, age 89, mother of UTU International President Mike Futhey, died April 3 in a nursing home here. She was active in the Auxiliary of the UTU, BLET ratify pacts on MBCR UTU and its predecessor, UTU-represented conductors and assistant con - Chairperson Don Wheaton “for their participa - Brotherhood of Railroad ductors on Massachusetts Bay Commuter Railroad tion in securing substantial improvements to Trainmen, and served as (MBCR) have ratified a four-year agreement cov - wages and working conditions in today’s difficult president and legislative ering wages, benefits and working conditions. economic environment. representative for UTU The agreement is retroactive to July 2009, and “It is through their extraordinary efforts that Auxiliary Lodge 755 in may be reopened for amendment in July 2013 the negotiating team was able to add ground - Memphis. under provisions of the Railway breaking enhancements such as Active politically as a Labor Act. conductor certification pay and increased pay for release time,” Futhey precinct official, she also BLET-represented engineers on taught Robert’s Rules of MBCR also ratified a new four- Previsich said. Order to high school students, was a PTA year agreement. The UTU and The Transportation Communi - president, a softball coach, held numerous the BLET negotiated jointly to cations Union and shopcrafts pre - offices in her church and was a member of reach those separate craft agreements, with the viously were released from mediation with MBCR the Order of the Eastern Star. expectation that a better agreement for each craft by the National Mediation Board, but the sides In addition to son Mike Futhey, Mrs. would result if negotiations were held jointly. have returned to the bargaining table. Futhey had three daughters – Bette Little and Included in the UTU amended agreement MBCR, operated under contract by Veolia Gloria Crawford, both of Memphis, and the with MBCR are retroactive pay, a signing bonus, Transportation, transports more than 131,000 late Nancy Bass – as well as 13 grandchil - a 13.7 percent overall increase in wages by July riders daily between Boston and outlying areas. dren, 22 great-grandchildren and two great- 2013, certification pay for conductors, a cap on great-grandchildren. healthcare cost-sharing, and a provision that dis - Her husband, Malcolm Futhey Sr., who cipline records will not be retained beyond a Online bill payers: died in 2003, was a member of BRT Lodge maximum of 36 months (other than substance Update UTU address 489 at Memphis, later UTU Local 1420. He abuse violations, which are subject to record- served as his local’s secretary and treasurer keeping under federal law). To ensure timely payment of your UTUIA and local chairperson, serving more than The deal also includes an increase in compen - premiums and UTU Alumni Association dues, 1,000 members. He also served as his local’s sation for release time – from the decades-old 50 be sure to update your online bill-payment insurance representative. percent of the full-time rate to 62.5 percent. account to reflect the UTU’s and UTUIA’s new address: 24950 Country Club Blvd., Suite 340, The elder Futhey also served as deputy UTU International Vice President John Pre - North Olmsted, OH 44070-5333. After May 1, president under UTU predecessor visich, who assisted with the negotiations, com - use of the former 14600 Detroit Ave., Brotherhood of Railroad Trainmen President mended General Chairperson Roger Lenfest and Cleveland, OH, address may cause your pay - Parke Kennedy. Assistant General Chairperson Dirk Sampson ment to be returned by the post office. (both, Amtrak, GO 769), along with Local 898 www.utu.org / www.utuia.org Page 4 April 2011 UTU News

"We must all hang together or most assuredly we shall all hang separately." - Benjamin Franklin We must fight for safer rail-crew vans s reported in this issue of Even in states without shuttle-van UTU News , a conductor safety regulations, reports of unsafe Atrainee and a locomotive IInntteerrnnaattiioonnaall conditions and driver actions should engineer were killed in a horrendous be reported to state legislative direc - accident when the carrier-provided PPrreessiiddeenntt’’ss tors to assist them in convincing shuttle van in which they were rid - CCoolluummnn lawmakers for the need to pass ing was struck by a moving train at a By Mike Futhey, International President appropriate safety legislation. private highway-rail grade crossing. (216) 228-9400; [email protected] If accidents or injuries do occur A second conductor was critically while a passenger in a carrier-sup - injured and the van driver also was plied shuttle van, contact a UTU killed. appeared to be under the influence eral chairpersons whether their state designated legal counsel for advice. An investigation will determine of alcohol or other drugs. has legislation regulating shuttle- The names and contact informa - the cause of this tragedy. In states where we have gained van service, and to include details to tion for UTU designated legal The UTU has long fought for bet - laws regulating shuttle vans, mini - ter shuttle-van safety, and we have mum driver-hiring qualifications been successful in only a few states and disqualification standards have We will continue lobbying Congress in gaining passage of legislation to been imposed, along with maximum for federal regulation of shuttle vans improve shuttle-van safety. hours-of-service limitations, driver As tragic as this accident was, it drug-testing requirements, annual assist our operating crews in making counsel can be obtained at may be the spark to convince more state DOT inspections of the vans, appropriate reports of safety viola - www.utu.org, or from local officers, state legislatures of the need to reg - and state DOT certification of vehi - tions that can be pursued with state general chairpersons, or state leg - authorities. islative directors. Bald tires and drivers so tired they fall asleep at the wheel ulate shuttle-van service. cle maintenance inspections and As our state legislative directors repair records. have documented time and again, We have also been successful in [email protected] shuttle-van drivers are almost gaining requirements for fully func - always non-union and required to tioning heat and air conditioning, Mike Futhey, International President [email protected] work long hours under horrendous secure locations for baggage and ful - Arty Martin, Assistant President working conditions. ly operational seat belts. [email protected] Understandably, driver turnover Our national legislative office will Kim Thompson, General Secretary and Treasurer is substantial, which has frustrated continue lobbying for federal regula - [email protected] James Stem, National Legislative Director previous efforts to organize these tion of shuttle vans, as vans carrying [email protected] drivers. eight or fewer passengers are exempt from laws and regulations applying Contact the UTU: We have documented far too Phone (216) 228-9400; fax (216) 228-5755 many shocking incidents of shuttle to larger passenger vehicles. vans with bald tires, van drivers so I am asking state legislative direc - For the latest news, visit www.utu.org; also, sign up tired they fell asleep at the wheel or tors to advise local officers and gen - on the UTU website to receive news alerts via e-mail. We need your ideas to reduce accidents, injuries he Federal Railroad Admin - The FRA hopes this indicates istration’s Risk Reduction that injured Amtrak employees are TProgram is a voluntary indus - A message to UTU members now seeking and receiving appropri - try-wide initiative to reduce acci - ate care; and that other railroads will dents and injuries and build a strong from FRA Associate learn from Amtrak’s success and safety culture by expanding the Administrator for Safety implement similar programs. toolkit to analyze and manage risk. The FRA appreciates the UTU’s Eventually, these assessments will Jo Strang assistance in providing this invalu - complement other programs such as able data and input to the investiga - safety inspections of railcars and tion team. When and where the injury reporting. understanding of that agency’s remove the punitive policies and team is successful in mitigating risks We are currently drafting a regu - whistleblower regulation for railroad practices that invite or induce retal - and hazards identified, safety is lation requiring railroads to develop employees, and other factors that iatory harassment and intimidation. improved for railroad employees and comprehensive risk reduction pro - can contribute to solving harass - Amtrak is one railroad that has the public. grams. ment problems. taken strides in this direction. An Advanced Notice of Proposed The FRA Risk Reduction Pro - Rulemaking was published in the gram affects every railroader Federal Register in December, and through timely reporting of employ - We encourage railroads to remove punitive we are currently reviewing the com - ee injuries and illnesses. policies that invite or induce retaliatory ments received. However, in order Additionally, an FRA team is col - to obtain as much stakeholder input lecting data on current practices harassment and intimidation as possible, we plan to conduct a and is seeking ways to prevent public hearing. harassment and intimidation of Using what they have learned, In implementing its Safe 2 Safer In the meantime, we would injured railroad employees. our Risk Reduction Program team program, Amtrak has taken positive appreciate receiving comments and The data is collected from FRA conducted numerous presentations steps to improve its safety culture. suggestions from UTU members, complaint and enforcement records for UTU members on their rights The FRA Risk Reduction Program which should be sent to the UTU and directly from rail labor organiza - regarding work-related injuries. The team noted that, as a result, the National Legislative Office, which tions. team learned a tremendous amount number of injuries reported by will collect and forward them to the The FRA also is working with about current conditions railroad Amtrak employees has risen as FRA’s Risk Reduction Program outside sources, including the Occu - employees face daily. expected, and the number of OSHA team. pational Safety and Health Admin - The FRA also is strongly encour - whistleblower cases reported by Thank you for your involvement istration (OSHA), to gain a clearer aging railroads to take actions that employees has decreased. in building a strong rail safety culture.

www.utu.org / www.utuia.org April 2011 UTU News Page 5 State Watch News from UTU State Legislative Boards Missouri Kentucky Arizona

Pictured, left to right, are Local 349 (Kansas City) Legislative Rep. Delayne Wilson ; retired UTU Left to right are Shearer, Rahall, Hynes Auxiliary President Carol Menges; Ken Menges; and Pastor. Kander; Local 1403 (Kansas City) Legislative Rep. John Jancek , and Local 1216 (Kansas City) Leg - State Legislative Director David State Legislative Director Greg Hynes islative Rep. and Trustee J.J. Watson . Miracle , right, and retired Local 573 and Assistant State Legislative Director (Danville) member James P. Doss David Shearer (L-807, Tucson) recent - State Legislative Director Ken Menges recently protested legislative efforts to ly met with Reps. Ed Pastor (D-Ariz.) recently welcomed State Rep. Jason Kander reduce union members’ collective bar - and Nick Rahall (D-W.Va.). Rahall into the ranks of the UTU. “Jason is the gaining rights at a MoveOn.org rally at serves as the ranking Democrat on the state representative from the 44th District, Phoenix Park in Lexington. House Transportation and Infrastructure in Kansas City,” Menges said. “He has been Committee. The group discussed the a good friend of the UTU since he came to technical clarification amendments to Jefferson City. Jason serves on a number of Wisconsin the Rail Safety Improvement Act of important state committees. Jason also is Helen Deneen, 88, mother of Wisconsin State 2008 that the UTU has suggested. very active in veterans’ affairs and serves as a Legislative Director Tim Deneen, died March 28. captain in the Missouri National Guard. Tim’s son, Brendan, had been caring for her at her “This photo was taken in February in home. The family asks that remembrances be Donate to UTU PAC! Kander’s office after the UTU had delivered made in Helen Deneen’s name to hospice care or packets of information about Amtrak, high- a charity of the donor’s choice. Tim Deneen’s speed rail and the economic benefits of office address is: Suite 320, 7 Pinckney St., Madi - freight and passenger rail in the state to each son, WI 53703-4262. It doesn’t cost, IT PAYS! of the 163 representatives and 34 senators,” Menges said. Bus Department Bills to increase bus safety By Calvin Studivant, alternate vice president - bus introduced in Congress [email protected] WASHINGTON – Bipartisan legislation to improve motorcoach safety has Non-union drivers need our help been introduced in the House and Senate. A tragic bus accident in in March, Sen. Sherrod Brown (D-Ohio) and Sen. Kay Bailey Hutchison (R-Texas) which killed 15 passengers, has put an unfriendly spot - jointly introduced S. 453, the Motorcoach Enhanced Safety Act, which is co- light on low-fare tour bus drivers. sponsored by Senators Kristen Gillibrand (D-N.Y.) and (D- N.Y.). The driver of the ill-fated low-fare tour bus reported - ly had previously been charged with driving on a sus - In the House, Rep. John Lewis (D-Ga.) has introduced identical legislation, pended license, and it will be up to investigators to H.R. 873. determine the facts of this accident. The Motorcoach Enhanced Safety Act would: What we do know is that many low-fare tour bus • Require safety belts and stronger seating systems to ensure occupants stay companies that are non-union force their drivers to work under horren - in their seats in a crash. dous conditions at low pay – and often with little sleep. • Require improved commercial driver training . Currently, no training is It is common for non-union drivers employed by low-fare tour bus firms required by federal regulation. to sleep in their coaches between driving assignments. Many of these bus • Require anti-ejection glazing windows to prevent passengers from being companies have been cited for safety violations. easily thrown outside the motorcoach. reports that low-fare tour transport millions • Require strong, crush-resistant roofs that can withstand rollovers. of passengers annually and regulators rely on handwritten logbooks to • Require improved protection against fires by reducing flammability of determine if drivers are working with insufficient rest. the motorcoach interior. An official of Advocates for Highway and Auto Safety called the logs • Require better training for operators in the event of fire . “comic books” and alleged • Create a national commercial motor vehicle medical registry to ensure they are often falsified or not only medically qualified examiners conduct physical examinations of drivers. filled in at all. Non-union driver logbooks • Require a medical certificate process to ensure that all certificates are In fact, reported The New called ‘comic books’ valid and no unqualified operator is allowed to drive. York Times , the owner of the • Strengthen motorcoach vehicle safety inspections , including roadside low-fare tour bus involved in the New York City accident had been cited inspections, safety audits, and state and motor carrier programs for identifying previously by regulators for “several logbook violations.” vehicle defects. As proud union members, we must continue to organize the unorgan - • Require electronic on-board recorders (EOBRs) with real-time capabilities ized because the entire transit industry takes a hit when something goes to track precise vehicle location that cannot be tampered with by the driver. terribly wrong. At a recent Senate Transportation Subcommittee hearing in Washington, As union drivers, we cannot be forced to violate federal hours-of-serv - the chairperson of the National Transportation Safety Board testified that her ice regulations. And we can refuse to operate a bus that is unsafe without five-year-old soccer-mom van contains safety technology more advanced than fear of losing our jobs. is integrated into many motor coaches. It is our duty as union brothers and sisters to educate fellow drivers who NTSB Chairperson Deborah Hersman chided Congress and the Federal may think it okay when pressured to work multiple shifts without proper Motor Carrier Safety Administration for dragging their feet on bus safety leg - rest, or to operate an unsafe vehicle. islation and regulation. Above all, we must inform non-union drivers that the UTU negotiates She said that available technology, if installed on motor coaches, could pre - good contracts with competitive wages, health care and working condi - vent many accidents and save many more lives. NTSB recommendations to tions, allowing drivers to operate within the law. this end have been ignored by Congress and federal regulators for years, Hers - If we do not, their faults become our faults, as we are all viewed the man said. same by the public. We cannot afford to be looked upon that way. The American Bus Association reports that there are more than 720 mil - The UTU has set the standards for the transit industry. We will con - lion passenger trips by motorcoach annually, and bus travel has outpaced air tinue to raise the bar because we represent the finest transit and school and rail as the fastest growing mode of passenger transportion. bus operators in America.

www.utu.org / www.utuia.org Page 6 April 2011 UTU News April 2011 UTU News Page 7 It can happen to anyone

You are shoving into a clear track at night, but the mechanical- de partment forgot to remove the blue flag and derail protection device, and your train derails. You are removed from service and- the mechan ical personnel are not at the investigation to testify on your behalf. How long can you pay your bills until your discipline appeal is heard?

You are switching with two remote control locomotives. The controlling locomotive You are injured at work. What should you do? performs correctly; however, the second unit fails to drop amperage when throttling First, report the injury, even if it is minor. Call If you believe your injury was caused by the down, which results in an industry bumper post being destroyed. You are removed your boss and tell him or her about the injury, then complete the railroad’s negligence, or even if you are unsure, from service and the locomotive personnel are not at the investigation to testify on appropriate forms provided by the company as soon as possible. you should contact a UTU Designated Legal Your UTU local chairperson can assist you if you wish. your behalf. How long can you pay bills until your discipline appeal is heard? Counsel. Do not fear discipline or retaliation; you are If you are injured on the job, you have powerful rights under protected by law. the Federal Employers’ Liability Act (FELA). Federal law states that a railroad may not discharge, demote, That is why the UTU has chosen experienced attorneys to be suspend, reprimand or in any way discriminate against an em - its designated legal counsel, and recommends these lawyers to You set out bad-ordered locomotives on an incline and set hand brakes on ployee who notifies or attempts to notify the railroad of a work-re - its members and their families. lated injury or illness. each of the locomotives. Several hours later the locomotives roll out of the These lawyers are specialists in handling FELA claims and are Next, get medical treatment. You have the right to see experienced in dealing with trained railroad claim agents and rail - train onto the main line, causing power switch damage. The most likely cause the doctor of your choice. You do not have to see the company road lawyers. They also know the railroad industry. is defective hand brakes. You are removed from service and the locomotive doctor for any reason, including a second opinion. You should seek their counsel and advice at personnel are not at the investigation to testify on your behalf. How long A railroad many not deny, delay or interfere with medical or first aid treatment of an employee who was injured during the course the earliest opportunity if you feel you have a can you pay bills until your discipline appeal is heard? of employment. potential FELA case. Your railroad manager has no right to enter Remember that the railroad claim agent is an agent for the rail - road. A UTU Designated Legal Counsel is YOUR agent, and their You are driving your bus and, out of nowhere, an au - your examination room unless you allow it. job is to represent you. Your medical bills will be paid by your health-insurance plan, For more information, go to www.utu.org and click on the “Des - tomobile T-bones the bus. Nobody is injured, thank - except for co-pays. ignated Legal Counsel” link.

Do not give a recorded statement to the railroad’s claim agent. fully, but the informal company hearing results in you being taken out of service. Even with the help of your union, arbitration can take weeks. How

Mark Allen Baltimore, Md. Wood River, Ill. Granite City, Ill. Seattle, Wash.

Coordinator of Desig - (410) 769-5400 (618) 254-1127 (618) 452-1323 (206) 621-0600 nated Legal Counsel Cordova, Tenn. Richard J. Dinsmore E.J. Leizerman F. Daniel Petro Stephen M. Tillery

(901) 201-6846 Omaha, Neb. Toledo, Ohio Chicago, Ill. Swansea, Ill. (402) 341-2020 (419“ ) 243-1010 (312) 332-9596 (618) 277-1180 Ronald J. Barczak Protect yourself from the unexpected St. Paul, Minn. Daniel J. Downes Cortney S. LeNeave R. Edward Pfiester Jr. James . Vucinovich (612) 333-6371 Chicago, Ill. Minneapolis, Minn. Los Angeles, Calif. Bellevue, Wash. “ (312) 781-1852 (612) 339-4511 (323) 662-6400 (425) 646-8003 Charles H. Baumberger James L. Farina William W. McVay Anthony S. Petru Michael Warshauer with job insurance from the UTU Oakland, Calif. Atlanta, Ga. (510) 451-6732 (404) 892-4900 What is the Discipline Income Protection Program? This program pays you a specific amount Not every injury will require legal action, James H. Wettermark but it is worthwhile to get an opinion from Lloyd L. Rabb over a length of time if you are suspended, dismissed or removed from service by the carrier for al - a competent FELA lawyer soon after you leged violation of rules or operating procedures, provided that such violations are not on the list of The Designated Legal Counsel’s understanding of are injured to understand your rights and the culture and unique nature of railroading, cou - exceptions not covered. to see if you have a FELA claim. pled with their proven track records and the many resources available through the UTU, make them “ Chicago, Ill. uniquely qualified to represent your interests when What benefits are paid? You choose the level of benefits paid, from $6 to $200 per day, all at low Pittsburgh, Pa. Miami, Fla. (312) 939-1212 (412) 854-3250 injured. (305) 373-0708 monthly assessments. The term of benefits, from 250 to 365 days, depends on how long you have Robert E. Harrington Jr. Willard J. Moo“dy Jr. been enrolled in the program. Michael D. Blalock Chicago, Ill. Birmingham, Ala. Portsmouth, Va. Hoover, Ala. (312) 332-8811 Tucson, Ariz. (205) 933-9500 (757) 393-4093 (205) 823-8088 (520) 888-6740 Brent O. Hatch Thomas C. Wood Jr. Gene C. Napier Who sponsors the program? The UTU International sponsors Edward F. Brennan Salt Lake City, Utah Samuel J. Rosenthal Columbus, Ohio Kansas City, Mo. Belleville, Ill. (801) 363-6363 , Pa. (614) 337-2427 (816) 221-5666 the Discipline Income Protection Program. (618) 236-2121 (215) 923-8900 Michael L. Herzik Steve Young Robert T. Naumes Donald S. Britt Houston, Texas John J. Rossi Houston, Texas Boston, Mass. Sacramento, Calif. (713) 654-7800 Denver, Colo. (713) 333-3070 Who is eligible for coverage? UTU members may enroll as (617) 720-1333 (916) 447-8800 (303) 759-3500 Rick D. Holtsclaw Sara Youngdahl members on a voluntary basis. Frederick L. Nelson F. Tucker Burge Kansas City, Mo. Jerome J. Schlichter Houston, Texas Oakland, Calif. Birmingham, Ala. (816) 221-2555 St. Louis, Mo. (281) 996-0750 (510) 451-6732 (205) 251-9000 (314) 621-6115 Mitchell A. Kaye Larry Mann How do I get more information? Contact your field supervisor or local insurance representative, or David R. Paoli Edward S. Cook Bala Cynwyd, Pa. Michael F. Tello Rail Safety Coordinator Missoula, Mont. write to: UTU, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333, or email Atlanta, Ga. (610) 668-9800 Anoka, Minn. Bethesda, Md. (406) 542-3330 (404) 876-8100 Bradley M. Lakin (763) 427-0159 (202) 298-9191 John T. Papa P. Matthew Darby George Thornton www.utu.org / www.utuia.org www.utu.org / www.utuia.org Page 8 April 2011 UTU News UTU ni um Alu UUTTUU AAlluummnnii AAssssoocciiaattiioonn News, information for members of the UTU Alumni Association Retiree served as S&T of sleeping car porters union UTU Alumni Association member Winfred the height requirements; porters had to be tall late 1970s (now the Transportation Communica - Seymour , 94, a member of Local 202 in Denver, enough to pull down the upper berth of a sleeping tions Union). recalled recently his days as secretary/treasurer of car and change the sheets. “I wonder how many members of the brother - the Brotherhood of Sleeping Car Porters, the first Seymour spent 46 years as a conductor on the hood are still around,” he said. “That’s a good union formed and operated by African-Americans. railroad, mostly working on freight trains hauling question. Maybe others will contact the UTU Under the direction of its coal, wheat and Coors beer out of Golden on the when they read this. first president, A. Philip Ran - Denver-to-Pueblo run. “Working for the railroad was the best,” Sey - dolph, the union, founded in While working for Santa Fe, he got involved mour said. “I’m proud of those times. The union 1925, served as the representa - with the Brotherhood of Sleeping Car Porters as played an important role.” tive of 20,000 Pullman car a local secretary/treasurer. porters. Winfred was elected and served as the Interna - The union also played a tional secretary/treasurer of the brotherhood for Former C&NW chairperson dies major role in the civil rights 10 years, working with Randolph, William H. Donald F. “Monk” Markgraf , a former UTU movement, helping organize Fanning Bowe, C.L. Dellums. general chairperson on Chicago & North Western marches on Washington. Seymour retired in 1986, just before his 70th Railway (now part of Union Pacific), died March Seymour was born in 1916 in Pueblo, Colo. He birthday and after 46 years of service to the rail - 3 at age 81. A native of Antigo, Wis., Markgraf started working for The Atchison Topeka and the road. hired on at C&NW as a switchman in Milwaukee. Santa Fe Railway part-time in 1940. He worked The Brotherhood of Sleeping Car Porters He later became a member of Local 322, Milwau - as a chair car attendant on Colorado & Southern declined as the jet age changed the way Ameri - kee, and was elected its chairperson in 1960. In (part of BNSF) from Denver to Texline, Texas. cans traveled. By the 1960s, only 3,000 porters 1983, he was elected vice general chairperson of He rose to the rank of conductor. He couldn’t worked the rails; the union merged with the GO 225, and general chairperson in 1983. He serve as a Pullman porter because he didn’t meet Brotherhood of Railway and Airline Clerks in the retired in 1991. UTU offers tours, cruises for Alumni New Alumni Association One of the benefits of membership in the UTU Alumni Association are discounts on tours. Here are chapter to meet the latest offerings: Cruise to Alaska, July 28 – Aug. 7: This Holland America Cruise Line cruise to Alaska runs 11 Rail retirees in the Richmond, Va., area are days (four days land; seven days cruising). Itinerary includes Denali National Park (McKinley Explorer invited to the inaugural meeting of UTU Rail), Fairbanks, Anchorage, Seward, Ketchikan, Juneau, Skagway, Glacier Bay National Park, and Alumni Association Chapter 15. College Fjord Scenic Cruising. The cost is $2,140 per person. The meeting will be held at 11 a.m. on Tuesday, April 19, at the Golden Corral Post-convention cruises: UTU members and retirees can enjoy a Royal Caribbean Cruise Line Restaurant, 4050 Gaskins Rd., Glen Allen, cruise following the UTU Quadrennial Convention in Hollywood, Fla. Va. Three-day weekend cruise, Aug.12 – 15: Aboard the “Majesty of the Seas.” Itinerary includes Coco - Organizing the event is John Hines, a cay and Nassau, Bahamas. The cost is $450 per person. retired member of Local 924. His address is Seven-day Caribbean cruise, Aug. 13 – 20: Aboard the “Oasis of the Seas.” Itinerary includes Nas - 3520 Carolina Ave., Richmond, VA 23222. sau, Bahamas; St. Thomas, Virgin Islands, and St. Maarten. The cost is $1,375 per person. His telephone number is (804) 329-1086. He is being assisted by Ray Cunningham, a British Isles cruise Aug. 16 – 28: This Princess Cruise Line cruise of the British Isles aboard the retired member of Local 1933. You may con- “Crown Princess.” Itinerary includes London/Southampton (departure port), St. Peter Port, Cobh, Dublin, tact Cunningham by calling (804) 262-9303 or Liverpool, Belfast, Greenock, Invergordon, South Queensferry, Paris. The cost is $1,923 per person. e-mailing [email protected]. Cruise of Hawaii, Oct. 15 – 22: This is a seven-day Hawaiian cruise aboard Norwegian Cruise “UTU Alumni Association chapter meetings Line’s “Pride of America.” Itinerary includes Honolulu, Maui, Hilo, Kona and Kauai. The cost is $1,217 are an interesting and very enjoyable way to per person. bring together those with whom you worked for so many years. We know you will enjoy it,” Call Landfall at (800) 835-9233; check out the Alumni Association page on www.landfalltravel.com UTU International President Mike Futhey or email “[email protected]” for more information. These tours are open to all UTU Alumni said. Association members, family and friends; other UTU members are welcome to join them as space permits.

T HE F INAL C ALL

Following are the names of recently deceased members who maintained annual membership in the UTU Alumni Association, 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 7 Graves, Virgil C. North Platte, Neb. 792 Sliwinski, Eugene J. Cleveland, Ohio 1393 Jowdy, Samuel J. Walland, Tenn. 72 Charkowski, Earl T. Kalamazoo, Mich. 811 Hemerling, Joseph San Bernardino, Calif. 1458 Creduer, Spurgen J. Duson, La. 145 Marker, Daniel L. Cincinnati, Ohio 823 Griffith, Jay M. Big Spring, Texas 1501 Dooley, Jimmy L. Simpson, La. 201 Beaty, Raymond L. Trinidad, Colo. 830 Wagaman, Harry M. Chambersburg, Pa. 1534 Golden, Marlin C. Woodville, Ala. 238 Bundy, Charles I. Portola, Calif. 838 Hall, Warren J. Wilmington, Del. 1544 Estes, George M. Whittier, Calif. 240 Hansen, Nick Murphy, Texas 891 Gregg, J.R. Whitefish, Mont. 1607 Wilson, Ellis E. Los Angeles, Calif. 305 Gesch, William F. Lincoln, Neb. 904 Graham, Jack G. Evansville, Ind. 1637 Holbrook, Douglas E. Wishram, Wash. 322 Markgraf, Donald F. Milwaukee, Wis. 934 Faustman, Robert W. Bellevue, Neb. 1722 Abel, Harold M. Columbia, Pa. 324 Woitte, Dale L. Edmonds, Wash. 1031 Henderson, Patrick Richmond Hill, Ga. 1722 Cramer, Paul D. Millersville, Pa. 333 Vance, Everett L. North Vernon, Ind. 1074 Marocco, Elmer D. Aliquippa, Pa. 1722 Kuhn, Guy X. York, Pa. 418 Beacom, Thomas A. Somers, Iowa 1088 Somerville, William West Monroe, La. 1780 Melichar, Ken Kansas City, Mo. 464 Baker, John E. Tulsa, Okla. 1137 Stenberg, J.C. Bullhead City, Ariz. 1790 Turner, Marcus Fitzgerald, Ga. 556 Province, David E. Lacey, Wash. 1221 Lambert, James M. Parrish, Fla. 1883 Lambert, Ronald H. Antioch, Ill. 587 Hart, Edward East Longmeadow, Mass. 1238 Bylund, Bennett E. Eugene, Ore. 1948 Husband, Benjamin F. Dawson, Pa. 706 Dorton Jr., Daniel F. Roanoke, Va. 1315 Bellamy Jr., Fred Independence, Ky. 1949 Galloway, Charles A. Bear, Del. 753 Phillips Jr., Cecil B. Cape Coral, Fla. 1374 Stephens, Shalmer J. Youngstown, Ohio 772 Grisham, Harry T. Sheffield, Ala. 1389 Edwards, H.E. Russell, Ky. 773 Muesse, Edgar F. LaMarque, Texas 1390 O’Connell Jr., Michael Mount Laurel, N.J. www.utu.org / www.utuia.org April 2011 UTU News Page 9

Accidents can happen to anyone, at any time Protect yourself and your family from accidents, on and off the job, for less than $1 per day The UTUIA’s new accident indemnity plan provides you with money when you need it most: when you’ve had an accident and cannot work. Benefits are paid for emergency treatment; hospital confinement; exams; phys - ical therapy; ambulance service, and more. Use the money for whatever you want: mortgage payments; car payments; medical expenses. The choice is yours. The UTUIA offers two levels of benefits; you choose the level of protection you and your family desire. 8 All benefits are paid directly to you. 8 Benefits are paid at full value, regardless of any other insurance you have. 8 Benefits will never be reduced. 8 Your premium does not increase with age. 8 You will never be singled out for a rate increase. 8 Guaranteed renewable to age 80. 8 No physical required. Information, please I would like more information on UTUIA’s accident indemnity plan. Call or email today: Please print

(800) 558-8842 Full name Date of birth UTU local number

[email protected] Address City State ZIP

Call the toll-free number above, email the Sex Male KKFemale Telephone number with area code address above, or send in the coupon at right to request a plan benefit brochure. Certain Mail to: UTUIA, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333 04/11 conditions and exemptions may apply.

UTU seeks tougher hazmat protections Arbitrator named in A doubling in the number of damaged or leak - Current federal regulations provide no require - SMWIA merger dispute ing hazardous materials containers shipped by rail ment that safety devices be provided to protect has prompted the UTU and six other rail labor rail workers from exposure to hazmat. Pursuant to a March 4 ruling of a federal organizations to petition the Federal Railroad The labor organizations told the FRA that district court judge, an arbitrator has been Administration for enhanced safety standards to operating crews should be provided emergency named to determine whether the merger protect rail workers and the public. breathing apparatus when involved in the move - agreement between the UTU and the Sheet Rail labor is concerned that the FRA routine - ment of hazmat containers. Metal Workers International Association ly grants special permission for railroads to trans - Although there have been no injuries or (SMWIA) is an enforceable agreement. port damaged hazardous materials containers on known exposures, the risk of employee exposure mainline tracks to repair facilities. will only increase if the current rate of movement Georgetown University law professor In fact, the number of such requests has more approvals continues, the FRA was told. Michael H. Gottesman has been named by than doubled since 2007, subjecting rail workers “Railroads and shippers have a business inter - AFL-CIO President Rich Trumka as the arbi - and the public to an unacceptable risk of expo - est in timely review and approval of movement trator – a choice approved jointly by UTU sure, the labor organizations told the FRA. requests,” the labor unions told the FRA. International President Mike Futhey and “Railroads and shippers must do more to SMWIA National President Mike Sullivan. reduce the incidence of non-conformance,” the In his ruling, Federal Judge John Bates organizations told the FRA. Rail workers should be warned said a separate action brought by several Among changes sought by rail labor is advance UTU members, challenging the validity of the notification to rail workers and necessary protec - of damaged hazmat containers merger – alleging violations of Titles I and V tion when workers are in the vicinity of damaged containers transporting hazmat. or the Labor Management Reporting and “As soon as the backlog impacts their bottom Disclosure Act – is not within the arbitrator’s line, railroads and shippers will pressure FRA to jurisdiction and that he would delay a ruling Breaking news as it happens: accelerate the approval process. on that complaint pending the outcome of the “Such acceleration will undoubtedly diminish arbitration. Register for UTU News alerts the level of detail and due diligence now afforded Arbitrator Gottesman earned an under - each request, resulting in an increased probabili - The UTU International is trying to give graduate degree at the University of Chicago members as much information as it can, as ty of unintended consequences such as fire, and his law degree from Yale University. soon as possible. The UTU has created a spe - explosion or chemical exposure,” rail labor said. He teaches labor law, constitutional law cial email list so that UTU members may volun - In addition to the UTU, rail labor organiza - and civil rights at Georgetown University. tarily sign up to receive e-mail on important tions jointly providing the comments to the FRA UTU events. include the American Train Dispatchers Associ - Gottesman’s latest article, “The Role of Register for email alerts by visiting ation, the Brotherhood of Locomotive Engineers Labor in the 21st Century,” will be published www.utu.org and clicking on the “Email and Trainmen, the Brotherhood of Maintenance later this year by the Alerts” tile on the UTU home page. Be sure of Way Employes, the Brotherhood of Railroad Law Review. to double check the information for accuracy before sending your email registration. Signalmen, the Transport Workers Union, and As matters develop, further information will the Transportation Communications Union. be posted at www.utu.org. www.utu.org / www.utuia.org Page 10 April 2011 UTU News UTU sets up collective-bargaining defense fund Continued from page 1 most wealthy,” Martin said. “Without a right of approved an expenditure of $150,000 from the collective bargaining, a labor union becomes a union’s Education Fund to begin this effort. boots-on-the ground and knock-on-the-doors hollow social club.” Since its inception in March, thousands of dol - activism that helps elect labor-friendly lawmak - “The only people who have the capacity – lars have been contributed by state legislative ers from both the Democratic and Republican organizational capacity and muscle – to keep, as boards, general committees, UTU locals, UTU parties,” said UTU Assistant President Arty Mar - they say, the barbarians from the gate, is organ - retirees, designated legal counsel and rank-and- tin. ized labor,” said Vice President Joe Biden recent - file members. “By destroying labor unions, right-wing ly to an AFL-CIO audience. More is needed to help organize rallies, launch extremists will control legislatures and Congress, With approval of UTU state legislative direc - recall efforts of those voting to destroy organized with an expectation of imposing lower wages and tors and general chairpersons, the UTU Interna - labor, and for signs, bumper stickers, T-shirts with fewer benefits on working families, while further tional created the UTU Collective Bargaining slogans, and other activities to increase public increasing corporate profits and tax breaks for the Defense Fund. The UTU Board of Directors support for preserving workplace democracy and the union movement in America. “Our great-grandfathers fought with blood, sweat and tears to gain laws assuring our rights to Why donate to the collective bargaining defense fund? join a labor union of our choice and engage in collective bargaining,” Futhey said. “To sit idly by “All Americans should have the option of “The attack is aimed not just at public as a minority of right-wing zealots seeks to elimi - coming together to discuss wages and rules employees or unions, but intended to weak - nate those rights is to mock the sacrifices and with their employer, if they desire to do so. en or destroy the two-party political system gains of our forebears. It’s the democratic way.” — Rick Johnson, that has served this country so well. Every Colorado SLD citizen is at risk.” — General Chairperson “For labor, this may be our finest hour as we Mike Reedy (UP, GO 225) protest the most coordinated union-busting “It is put up or shut up for union members. efforts since the early 1900s.” We must stand up and fight for collective bargaining rights before they are gone forev - “When I saw what the Gov. John Kasich er.” — David Miracle, Kentucky SLD administration was trying to do to working families in Ohio, and then that the UTU had Negotiations “It is my responsibility to help those fighting established this fund, I knew my money Continued from page 1 for our rights.” – Gregory Farris, retired, would be well spent.” — Thomas Local 78, Pocatello, Idaho Szykowny, outside counsel to UTUIA ciation of Machinists, the International Brother - hood of Electrical Workers, and the Transport “It is very important to protect all that has Workers Union. “It’s very important that we help our brothers been fought for – by us and by our forefa - A second coalition also negotiating with the thers. We must protect the benefits, wages and sisters while we help ourselves at the same time. It’s the right thing to do.” — NCCC includes the Brotherhood of Locomotive and protections that we have earned.” — Engineers and Trainmen, the Brotherhood of General Chairperson Randy Pullen (CSX, General Chairperson James Williams (LACMTA) Maintenance of Way Employes, the Brotherhood GO 025) of Railroad Signalmen, the Brotherhood of Boil - “Labor is what made this country great. “The existence of organized labor will ermakers and Blacksmiths, the National Confer - Labor is what made the middle class. I depend on what working men and women do ence of Firemen and Oilers, and the Sheet Metal believe in what the UTU is doing.” — in the near future.” – UTU International Past Workers International Association. Designated Legal Counsel Steve Young President (1991-1995) Tom DuBose Motorcycle ride Yes, I want to contribute to the UTU Collective Bargaining Defense Fund set for San Antonio Enclosed is my check to help organize rallies, launch recall elections, and purchase T-shirts, signs and bumper stickers to help increase public awareness of union-busting activities. The sixth annual Scott Belden Memorial Motorcycle Ride, in honor of Amount: K $10 K $25 K $100 K $1,000 K Other the deceased Utah state legislative direc - tor and national legislative office chief of Name staff, will be held Sunday, June 19, at the San Antonio regional meeting. Address Advance registration is suggested by City State ZIP calling Local 857 (San Antonio) member Jerald Howell at (210) 846-9217 or Email address email to “[email protected].” On-site registration will also be available at the Send this form and your check to: UTU Collective Bargaining Defense Fund, United Transportation Hilton Placio del Rio. Howell also has Union, Suite 340, 24950 Country Club Blvd., North Olmsted, OH 44070-5333 information on motorcycle rentals. Meet your UTUIA independent directors Your United Transportation Union Insurance Association (UTUIA) offers a dent Mike Futhey, Assistant President Arty Martin and General Secretary & wide variety of insurance and investment products to transportation industry Treasurer Kim Thompson serve on both bodies. Four independent directors families at affordable rates. The UTUIA is governed day to day by an execu - also serve on the board of directors. Two are introduced below; two more will tive committee and overall by a board of directors. UTU International Presi - be featured next month.

NICHOLAS J. D ICICCO JR. WILLIAM J. T HOMPSON Longboat Key, Fla. Cuyahoga Falls, Ohio Nicholas J. DiCicco Jr. holds a bachelor of science degree William J. Thompson, retired Ohio state legislative direc - from John Carroll University (1955), is a Life Insurance tor, is a member of Local 792 at Cleveland. Thompson, a Management and Research Association (LIMRA) Leader - member of the UTU Alumni Association, held the posts of ship Institute Fellow (LLIF), a former Certified Senior assistant Ohio state legislative director and then state leg - Advisor (CSA), and a former registered principal with the islative director from 1981 through his retirement in 2002. National Association of Securities Dealers. He is the retired chief executive He hired out with the Akron, Canton & Youngstown Railroad in 1961, officer of Midwestern National Life Insurance Company of Ohio and is cur - before it was acquired by Norfolk & Western Railway (now part of Norfolk rently the chief executive officer of Corporate Benefits Advisors, LLC, a Southern), and was elected to posts of general chairperson, local chairperson business consulting firm. “As a director of UTUIA for a number of years, I and legislative representative of UTU predecessor Brotherhood of Railroad have seen great progress being made by the company in creating an operation Trainmen Local 432. “I have always recommended that UTU members pur - based upon financial stability and concern for its members and their families. chase insurance and investment products from the UTUIA because it is their It continues to be able to offer them quality, competitive products with the company. UTUIA is union owned, union operated and union proud. Few oth - assurance that promises made are promises kept,” DiCicco said. er companies can say that,” Thompson said.

www.utu.org / www.utuia.org April 2011 UTU News Page 11 Regional meetings offer UTU R EGIONAL MEETING education, fraternalism EGISTRATION ORM The 2011 UTU/UTUIA regional meetings have been designed to pro - R F vide a grand sense of fraternalism, lots of worthwhile education and tons Registering before the regional meetings speeds sign-in procedures, helps organizers plan more accurately, of fun for the whole family. and saves on meeting costs. Each person attending the regional meeting, including family members and As before, each regional meeting will run for 2-1/2 days, ending ear - guests, MUST be registered in order to attend any event. Please note that these meetings last 2-1/2 ly on the afternoon of the third day. The evening of the first day has been days and conclude on the afternoon of the third day. Registration fees are $150 per person; children 11 left unscheduled so you, your family and friends will be free to explore years of age and under are complimentary. On-site registration is $200 per person. All fees must be paid in and enjoy the many offerings of the regional meeting cities. U.S. funds. Canadian funds will be returned, possibly delaying your registration. If you have questions, consult UTU meeting registration and hotel reservations can be made your bank. Registration forms with payment must be received at the UTU International by June 6 for the San online by visiting www.utu.org and clicking on the “Meetings” tile in the blue menu bar at the left-hand side of the UTU homepage. Antonio meeting or June 20 for the New York meeting for the member/spouse to be considered pre-registered. All those attending the regional meetings must be registered in order Ì Ì to attend any planned social function. Children ages 11 and under who Which regional meeting will you be attending? San Antonio New York are pre-registered are complimentary. The registration form is printed on the right. Arrival date: Departure date: The pre-registration fee for the 2010 regional meetings is $150 per Ì Ì Ì member, spouse or child over age 11. Additional fees apply for the golf Transportation type: Automobile Air Other outings and spouse tours. You must make your own room reservations, Member registration and certain deadlines apply. Tours are booked first come, first served. The $150 registration fee covers all workshop materials; a wel - Name Local Title (if any) coming reception the night before the meeting; three lunches and one evening meal. Those wishing to attend only the workshops do Home address not need to pay the registration fee. No one-day registrations are offered. A completed registration form listing each attendee, regardless of City/State/ZIP age, and complete payment in U.S. funds must be received at the UTU International Headquarters, 24950 Country Club Blvd., Suite Phone number ( ) Email 340, North Olmsted, OH 44070-5333, 10 days prior to the scheduled start of the meetings or the registrant will be charged the on-site reg - Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? istration fee of $200. Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals You may cancel your registration by June 6 for San Antonio or June Ì Ì 20 for New York without penalty. Please fax any changes or cancella - Day 3 Lunch No meal tions immediately to the UTU International Headquarters at (216) 228- Spouse registration Ì San Antonio Ì New York 5755, or call (216) 228-9400. Spouse name Title (if any) Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? SAN ANTONIO , J UNE 20-22 Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals HILTON PALACIO DEL RIO Day 3 Ì Lunch Ì No meal Ì Ì LAMO T Spouse/guest tour: Sunday or Monday ($35 per registered spouse, $75 per unregistered spouse in 200 S. A S . San Antonio; $50 per registered spouse, $90 per unregistered spouse in New York) SAN ANTONIO , TX 78205 WWW .HILTON .COM Child registration Ì San Antonio Ì New York Hotel reservations: (800) HILTONS toll free; Child name Age (210) 222-1400 direct; (210) 270-0761 fax Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Reservation code: UTU Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Daily room rate: $139 single/double, plus tax; rates good for three days before and after the meeting, Day 3 Ì Lunch Ì No meal depending upon availability Child name Age Reservation deadline: May 18, or until all rooms being held for the UTU are reserved Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Parking: Valet: $35.50 per night; Self: $22 Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Golf outing: The regional meeting golf outing will be Day 3 Ì Lunch Ì No meal held Sunday, June 19, at the Pecan Valley Golf Club. The cost is $80 per golfer, which includes Child name Age transportation, golf, lunch and more. Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Day 3 Ì Lunch Ì No meal NEW YORK CITY , J ULY 4-6 Child name Age GRAND HYATT NEW YORK Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? 109 E. 42 ND ST. AT GRAND CENTRAL Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals NEW YORK , NY 10017 Day 3 Ì Lunch Ì No meal WWW .GRANDNEWYORK .HYATT .COM Tour: Ì Sunday or Ì Monday ($35 per registered child, $75 per unregistered child in San Antonio; $50 per registered child, $90 per unregistered child in New York) No. attending All rooms being held for the UTU at the Grand Hyatt New York have been reserved. Guest registration Ì San Antonio Ì New York The overflow hotel is the Roosevelt Hotel, 45 East Guest name Relationship to member 45th St., New York, NY 10017 (a seven-minute walk to the Hyatt). Telephone (888) 833-3969; mention Home address UTU when reserving rooms. Rates are $199 single/double, $239 triple, $279 quad. Room rates City/State/ZIP are good July 1 to July 9. Cut-off date for reserva - tions is June 11 or until all rooms being held for the Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? UTU are taken. Parking is $55 per 24 hours. Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Day 3 Ì Lunch Ì No meal Spouse/guest tour: Ì Sunday or Ì Monday ($35 per registered spouse, $75 per unregistered spouse in DISCOUNT AIRFARES , CAR RENTALS San Antonio; $50 per registered guest, $90 per unregistered guest in New York) Continental Airlines is offering discounted airfares to Special needs? (Circle appropriate responses): Registrant / spouse / child / guest is: UTU members and others attending the San Antonio hearing impaired / visually impaired / in wheelchair / other: and New York regional meetings. See the “Meetings” Golf registration Ì San Antonio page of the UTU website, www.utu.org, for details. Name Handicap Name Handicap The UTU also has arranged with Avis Rent-a-Car to offer discounted rates to UTU members attending the Name Handicap Name Handicap 2011 regional meetings. To reserve a car, contact Avis at (800) 331-1600 and use the UTU’s Avis Worldwide (Golf fees are $80 per golfer; include in total payment. Please provide names of others if foursome.) Discount (AWD) number: D150699 . Or reserve online Payment options at www.avis.com. Check/money order enclosed (U.S. funds only) $ Credit card Ì VISA Ì MasterCard TWO SPOUSE TOURS SET Card number Exp. date Total charged $ The UTU is arranging two different tours of local attractions at both regional meetings. The tours will Signature take place the day before, as well as the first day of, This form and payment of $150 per person over the age of 11, plus golf registration fees of $80 per golfer (if each meeting. Fees are $35 per registered spouse, guest applicable) and spouse/guest tour fees (if applicable), must be received at the UTU International, 24950 or child, or $75 per unregistered spouse, guest or child Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333, by June 6 for the San Antonio meeting or in San Antonio, $50 per registered spouse, guest or June 20 for the New York meeting for the member/spouse to be considered pre-registered. Make checks or child, $90 per unregistered spouse, guest or child in money orders payable in U.S. funds to “UTU Regional Meeting.” Those who do not pre-register for the New York. Check out www.utu.org for complete regional meeting but choose to register at the meeting site will be charged a $50 penalty fee. Space on the details. tours is limited; reservations are first-come, first-served.

www.utu.org / www.utuia.org Periodicals Postage Volume April 2011 PAID at Cleveland, Ohio, Number 4 43 and Additional www.utu.org / www.utuia.org Mailing Offices APRIL 2011 ISSN 0098-5937 Published monthly (except for www.utuia.org www.utu.org combined months of Dec- ember/January and July/August) by the UNITED TRANSPORTA - The Official Publication of the United Transportation Union TION UNION, 24950 COUNTRY CLUB BLVD., SUITE 340, NORTH OLMSTED, OH 44070- 5333 • Periodicals postage paid at Cleveland, Ohio, and addi - tional mailing offices • Mike Futhey, International President; Working families are under attack Kim Thompson, General Secre - By Robert Kerley their jobs and reduction of their negotiated wages and tary & Treasurer • This publi - health care and retirement plans are discussed. cation available on microfilm UTU International vice president from National Archive Publishing, A half century ago, Americans of every color, creed, P.O. Box 998, Ann Arbor, MI America’s soldiers and their families are sacrificing to faith and age stood shoulder-to-shoulder in the fight 48106. preserve liberty and ensure justice throughout the world. against racial and social injustice and made America a POSTMASTER: Send address As labor unionists, we can follow their example of better place for us all. changes to UTU News, 24950 service by remaining resolute in our struggle against We must renew that spirit, Country Club Blvd., Suite 340, injustice and the denial of human rights and dignity here North Olmsted, OH 44070- Please recycle reaffirm that message and at home. reignite that flame of righteous Liberty means freedom from tyran - indignation against this denial ny at home. Justice must be demanded of democracy and dignity in the in corporate boardrooms and the workplace. Photo of the month workplace. We must reach out to young Photo of the month Working men and women are under people for whom the American dream is becoming a leg - The UTU International is attack in states throughout America. endary paradise lost, and to the unorganized, because always looking for good pho - their future depends on our success. tos, and awards UTU gear to It is an attack on all that unions have monthly photo winners. fought so long and hard to achieve – Without strong labor unions and labor laws, America’s The UTU seeks photographs the right to organize and bargain col - middle class will disappear into a nation of masters and or digital images of work-relat - Kerley ed scenes, such as railroad, bus lectively for good wages and safe work - servants. or mass transit operations, new ing conditions. equipment photos, scenic America is better than that. Our cause is just. Our shots, activities of your local, or The attack is by those who cannot make their case at motives and our actions must be honorable, but photos of your brothers and sis - the bargaining table. Working families, whose purchas - unequivocal. ters keeping America rolling. Printed photographs should ing power sustains our economy, absolutely did not cause We must prevail, because the loss of these precious be mailed to UTU News, the economic collapse that has driven states into the red. rights will dishonor all who came before us, and resign 24950 Country Club Blvd., Suite 340, North Olmsted, OH Yet those families are now told that their breadwinners the generations who follow to lives of meager toil with - 44070-5333. don’t deserve a seat at the table when the elimination of out the just rewards of honest labor. High-resolution digital pho - tographs should be in the JPEG format and e-mailed to “[email protected]”. With each photograph, Inside this issue of the UTU News : 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. Remember to review your employer’s policies regarding use of cameras on the property or during work hours. This photo was provided by retired member Bill Wolf of Local 1780, Kansas UTU establishes collec - Amtrak conductor UTU seeking limits on Retiree Fanning served City, Mo.. It was taken at the Brunswick, Maine, station of the Maine Eastern tive bargaining defense Bruce Bachman gets use of remote-controlled as GS&T of porters’ Railroad, which runs scenic excursions along the Maine coast. fund. See front page. kids to read. See page 2. trains . See page 3. union. See page 8.