THE LOCOMOTIVE NGINEER ENEWSLETTER · FEBRUARY 2002 BLE ready to defend crafts ing crafts on the Kansas City Southern, the National Advisory Board to suspend dues assessment after March, Mediation Board has given KCS management until Feb- ruary 22 to submit certain information regarding the April collections; NMB collects cross-utilization data on KCS cross-utilization of employees working in the operat- ing crafts. The BLE’s Advisory Board passed a motion on BLE International President Don M. Hahs said, In a January 28 letter, the NMB requested that January 31 that will suspend the temporary dues “The Executive Committee has determined that the assessment after two months of implementation. March and April assessments, coupled with other KCS management provide the following information: BLE members will be assessed the additional $25 funds that are available, should provide adequate fi- • The total number of persons employed by the Carrier and working in each of the crafts or classes for March and April only. nancing to defend the BLE on the Kansas City South- of Conductor, Trainman, Brakeman, Switchman, At its upcoming February meeting, the Board will ern in the event the National Mediation Board issues revisit the issue to determine if further action is nec- an adverse ruling.” essary. Regarding the BLE’s defense of historic operat- See Kansas City Southern, Page 7 Discussions on Teamsters, other AFL-CIO remote control affiliates support BLE arbitration ongoing Are the carriers obligated The parties had not yet arrived Rail Labor Division resolution toughens sanctions for raiding to assign remote control opera- at an arbitration agreement tions to locomotive engineers? when the Newsletter went to Since the January issue The resolution is pending man, hostler, and hostler This is the question the press. General Chairmen for Locomotive Engi- of the before the TTD Executive helper, and combine them BLE is preparing to submit for all general committees with neer Newsletter went to Committee before heading to into a single craft of “train arbitration. agreements on the six proper- press, the BLE Inter- the full AFL-CIO Execu- and engine service employ- On January 14, 2002, ties have been kept up to date national Division has tive Committee for ap- ees.” United States District Judge on the negotiations and have continued to receive proval (the full text of Should the NMB create Joan Gottschall held that the offered suggestions and assis- support from various the resolution appears a single craft on any carrier, dispute between six major car- tance that will ensure that ev- AFL-CIO bodies and on Page 4 of this issue). it would force a representa- riers and the BLE is a “minor ery reasonable argument affiliates, including The UTU, which tion election on that prop- dispute” under the Railway against the carriers’ rash ac- the International Brother- dropped out of the AFL-CIO to erty to determine which Labor Act that must be arbi- tions gets presented in the ar- hood of Teamsters, in its avoid sanctions, is raiding BLE union would represent the trated. The federal judge is- bitration. struggle to thwart raiding membership by attempting to new craft. This would allow sued an injunction against any The court’s injunction does attempts by the United change operating craft struc- the UTU to use its greater strike or job action by the BLE not allow the carriers to extend Transportation Union. ture in the railroad industry numbers as leverage in in response to the carriers’ remote control operations be- The Rail Labor Division and forcing a series of repre- raiding the BLE — while implementation of remote con- yond terminal operations. of the AFL-CIO’s Transpor- sentation elections. attempting to destroy it. trol technology “in their termi- Judge Gottschall made it clear tation Trades Department In essence, the UTU is With the threat of an at- nal operations in and around that the carriers could not use passed a resolution in early seeking to take over the BLE tack by a non-affiliate loom- terminals.” the restraint she placed on February, which would pre- by asking the National Media- ing, nearly a dozen AFL- Since the Judge issued her BLE to service customers out- vent unions such as the tion Board to eliminate the his- CIO unions — representing order and injunction, BLE side terminals with locomo- UTU from rejoining the toric operating crafts of loco- more than two million mem- counsel has been engaged in tives operated by remote con- AFL-CIO for a period of five motive engineer, conductor, discussions with counsel for trol without locomotive engi- years. brakeman, switchman, fire- See Affiliate Support, Page 4 the carriers regarding the for- neers, absent agreement with mat the arbitration will take. the BLE. • Amtrak Reform Council recommends dismantling of Amtrak The Amtrak Reform Council October if it does not receive the nec- pick its most desirable parts.” marred by poor infrastructure and “pulled the trigger” on Amtrak in a re- essary funding (see related article, The Rail Labor Division of the TTD equipment maintenance, major acci- port to Congress on February 7, saying page 6). filed a lawsuit on January 22 to stop dents, constant delays, and nationwide Amtrak is irreversibly flawed and Rail Labor was critical of the pro- the ARC’s efforts to destroy Amtrak. labor strikes. It has gotten so bad that should be broken up to give the free posal and dismissed it — as well as the However, it failed to persuade a federal British citizens have scheduled a na- market an opportunity to improve ARC itself — as “biased.” judge to block release of the council’s tional boycott of the railways in March. America’s passenger rail system. “The ARC has never been a legiti- report (see related article, page 6). “The Amtrak Reform Council… has The U.S. House Transportation mate panel,” said Sonny Hall, President Many of the ARC’s recommenda- wasted far too many taxpayer dollars Committee has scheduled a hearing on of the AFL-CIO’s Transportation tions for dismantling and privatizing advancing already-rejected ideas,” February 14 to review the proposal. Trades Department (TTD). “It was Amtrak have been tried before in Great TTD President Hall said. Amtrak has requested $1.2 billion in stacked with people who walked in the Britain — but the results have been The ARC’s report says that Amtrak federal assistance, and said it will door on a mission to breakup Amtrak disastrous for the country’s traveling cease many long-distance routes by and allow private interests to cherry- public. The British rail system is See Amtrak’s Future, Page 6
Brotherhood of Locomotive Engineers Since 1863, a tradition of forward thinking Page 2 Locomotive Engineer Newsletter · February 2002 RETIREMENT NEWS Railroad Retirement benefit changes
The Railroad Retirement and Sur- is age 60 and has 30 years’ service, his tirement annuities to employees with would be payable in these cases. vivors’ Improvement Act of 2001 (P.L. or her spouse can now receive an an- less than ten years (120 months) of rail- 107-90), enacted on December 21, 2001, nuity at age 60 without any age reduc- road service if they are credited with 8. How are railroad retirement makes a number of major changes to tion if the spouse’s annuity beginning at least five years (60 months) of rail- widow(er)s’ benefits affected by the the Railroad Retirement Act. The leg- date is January 1, 2002, or later. road service after 1995. Benefits pay- new law? islation restores full early retirement able on the basis of this provision are Under prior law, the widow(er)’s eligibility at age 60 for railroad employ- 3. What was the not retroactive and are tier I benefit, before any reductions for ees with 30 or more years of service; railroad retirement not payable for months other benefits, was generally equal to eliminates the maximum provision that maximum provision prior to January 2002, but the amount of the tier I benefit that the had previously capped some employee eliminated by the are payable beginning employee received at the time of his or and spouse railroad retirement ben- new law? January 1, 2002, to those her death; and a widow(er)’s tier II ben- efits; reduces the basic eligibility re- Under prior law, with five years of service efit was generally equal to 50 percent quirement for an employee annuity the total amount of after 1995. Employees of the tier II benefit that was payable from 10 to 5 years of service if per- monthly annuities previously denied ben- to the employee at the time of his or formed after 1995; and provides in- payable under the efits for insufficient ser- her death. creased benefits for some widow(er)s. Railroad Retirement vice would have to file a The new law establishes an “initial The following questions and an- Act to an employee new application for ben- minimum amount” which yields, in ef- swers describe the changes in railroad and spouse was lim- efits. fect, a widow(er)’s tier II benefit equal retirement benefit provisions brought ited to a maximum geared to the Employees with five years of ser- to the tier II benefit the employee would about by this legislation. employee’s average monthly earnings vice after 1995 may qualify for a tier II have received at the time of the award prior to retirement. This maximum pro- benefit based on age and service at age of the widow(er)’s annuity. It does this 1. Why have the early retirement vision was intended to create a “rea- 62. A tier I benefit is also payable by by adding a “guaranty amount,” ini- provisions of the new law been called sonable cap” based on an employee’s the Board, but only if the employee has tially set at 50 percent of the employee’s a restoration of 60/30? earnings immediately prior to retire- an “insured status” under Social Secu- tier II, to the 100 percent tier I and 50 Legislation effective in 1974 pro- ment. rity Act rules (usually 40 quarters of percent tier II benefits provided under vided for full annuities for all employ- However, the provision had the un- coverage), counting both railroad re- prior law. ees who were age 60 and had 30 years intended effect of reducing benefits for tirement and social security-covered This “guaranty amount” will be off- of service and full annuities at age 60 long-service employees with moderate earnings. In such a case, the retiree set each year by the dollar amount of for their spouses. Prior to this legisla- earnings and those with no earnings, would qualify for a social security ben- the cost-of-living increases payable in tion, only female employees were eli- or low earnings, in the 10-year period efit based on nonrailroad social secu- both the tier I and tier II benefits pro- gible for full 60/30 benefits. While 1983 ending with the year the employee’s rity earnings credits alone, and a tier I vided under prior law. Consequently, legislation retained the provision for annuity began. In an extreme case, it railroad retirement benefit based on such a widow(er)’s net benefit payment early retirement at age 60 for employ- could cap benefits at an amount pre- combined social security and railroad will not increase until such time as the ees with 30 years of railroad service cluding payment of most, or even all, of retirement earnings credits. The tier I widow(er)’s annuity, as computed un- and for their spouses, the 1983 law im- the tier II benefits and supplemental benefit would, however, be reduced by der prior law with all interim cost-of- posed a reduction for early retirement annuity otherwise due. any social security benefit also payable. living increases otherwise payable, ex- in the social security level tier I rail- In 2001, the average monthly em- If a retiree has no qualifying social ceeds the widow(er)’s annuity com- road retirement benefits awarded em- ployee benefit reduction under the security coverage, only a tier II benefit puted under the initial minimum ployees retiring before age 62 and their maximum provision was $164, and the would be payable. Examples of persons amount formula. spouses. Tier II railroad retirement average spouse reduction was $78. without social security coverage could benefits, paid over and above tier I ben- be Federal civil service employees hired 9. What would be a basic ex- efits, remained payable for both em- 4. Will those employees and prior to 1984, or some state or munici- ample of how this initial minimum ployees and spouses at age 60 without spouses affected by the maximum pal employees previously not covered amount works? an age reduction. provision, but whose annuities be- by social security. Assume that a 68 year-old widow The new law amends the Railroad gan before January 1, 2002, see an becomes entitled in June 2002 to a rail- Retirement Act by eliminating the tier increase in their monthly annuity 6. Will employees with five years road retirement widow’s annuity. The I age reduction in 60/30 cases for em- rates? of service also be eligible for railroad widow is not entitled to any social se- ployees whose railroad retirement an- If an employee’s annuity began be- retirement disability annuities? curity benefits. The employee had been nuities begin January 1, 2002, or later, fore January 1, 2002, any annuity re- Such employees may qualify for an receiving a railroad retirement annu- even if they retire before they attain age duction required by the railroad retire- annuity based on total and permanent, ity of $2,000 a month, comprised of a 62. The spouses of such employees will ment maximum will be removed effec- but not occupational, disability, and tier I benefit of $1,200 and a tier II ben- also be eligible for full annuities at age tive January 1, 2002, but no retroactive only if they have a disability insured efit of $800. Consequently, the widow’s 60. Such 60/30 annuities can begin with payments will be made for months prior status (also called a “disability freeze”) tier I benefit on her annuity beginning the first full month the employee and/ to 2002. The removal of any benefit re- under Social Security Act rules, count- date is $1,200. Her tier II benefit under or spouse is age 60. ductions applied to affected annuitants, ing both railroad retirement and social prior law (50 percent of the employee’s The Railroad Retirement Board es- about 2,600 retired employees and security-covered earnings. Unlike with tier II) is $400; and, under the new law, timates that the average annuity pay- 12,000 spouses, should be completed by a 10-year employee, a tier II benefit is her “guaranty amount” is $400. Her able to an employee retiring in 2002 June 2002. Such annuitants can expect not payable in disability cases until the railroad retirement widow’s annuity as with 30 or more years of service would to receive accrual payments in late May employee attains age 62. And, the of June 2002 would be $2,000. be about $2,400 under the new law. 2002 retroactive to January, and in- employee’s tier II benefit will be re- Next, assume a cost-of-living ad- Under prior law, the amount would creased regular monthly payments re- duced for early retirement in the same justment (COLA) payable in January have been about $2,100 because of the flecting their new rates beginning with manner as the tier II benefit of an em- 2003 yields a 4 percent increase in tier required reduction in the tier I benefit. the monthly payment due on June 1, ployee who retired at age 62 with less I benefits and a 1.3 percent increase in 2002. Notices are being sent by the than 30 years of service. tier II benefits, for a total dollar amount 2. Will the beginning date of an Board to all affected annuitants in of $53.20. This amount is offset from the employee’s annuity determine January 2002 advising them accord- 7. Will the survivors of employ- $400 guaranty amount, reducing it to whether his or her annuity is com- ingly. ees with five years of service after $346.80, so that the $2,000 amount pay- puted under the new law? Notices are also being sent in Janu- 1995 be eligible for benefits? able to the widow (before any deduc- If the employee’s annuity began ary to employees whose spouses may A deceased employee with five tion for the Part B Medicare premium) before January 1, 2002, and was have been previously advised by the years’ service after 1995 must still have does not change. The amount payable awarded when the employee was un- Board to defer filing for spouse benefits a “current connection” with the rail in- to the widow will increase only when der age 62, his or her tier I benefit will because of the adverse effects of the dustry in order for survivor annuities the tier I and tier II amounts computed remain reduced for early retirement maximum provision, as their spouses to be payable by the Board, rather than under prior law with subsequent cost- after December 31, 2001. The tier I ben- would now want to consider filing for the Social Security Administration. For of-living increases exceed $2,000. As- efit awarded such an employee’s railroad retirement benefits. both a tier I and a tier II benefit to be suming that the COLA remains at a spouse will also be reduced for early payable, an “insured status” under steady 4 percent, this would occur with retirement, regardless of whether the 5. How has the basic service re- Social Security Act rules at the time of the COLA payable in January 2010. The spouse retires at age 60 or 62, and re- quirement of 10 years of creditable the employee’s death, using combined average COLA paid over the last five gardless of the date the spouse’s an- rail service been changed by the new railroad retirement and social security nuity begins. law? covered earnings, is also required. Oth- See Retirement, Page 3 However, if a disability annuitant The new law provides railroad re- erwise, only a tier II survivor benefit Locomotive Engineer Newsletter · February 2002 Page 3 RETIREMENT NEWS No change in federal income tax provisions
Railroad Retirement The enactment of Public Law 107- Thus, the entire annuity amount paid 90 (H.R. 10) did not change the way to an employee before age 62 based on railroad retirement annuity payments age or occupational disability exceeds are treated under Federal income tax the amount that would be payable un- questions? provisions. der the Social Security Act and is taxed For Federal income tax purposes, like a private pension. This situation Contact one of these RRB Field Offices for answers most Railroad Retirement Act annuities changes when the individual attains age are divided into two components. The 62. At that point, a part of the annuity first component is the amount, if any, immediately becomes equivalent to what On December 21, President Bush Duluth, MN: (218) 720-5301 which is equivalent to what the annu- a reduced age social security benefit signed the Railroad Retirement & Fargo, ND: (701) 239-5117 itant would have received under the would be. That portion of the annuity is Survivors’ Improvement Act of 2001. Fort Worth, TX: (817) 978-2638 Social Security Act if rail service had thereafter subject to the more lenient BLE members planning to take ad- Harrisburg, PA: (717) 221-4490 always been covered by that Act instead tax provisions applicable to social secu- vantage of the new law by opting for Houston, TX: (713) 209-3045 of the Railroad Retirement Act. The rity benefits. early retirement, or those with spe- Huntington, WV: (304) 529-5561 second annuity component for Federal As a result of enactment of H.R. 10, cific questions on how this will im- Indianapolis, IN: (317) 226-6111 income tax purposes is the amount, if annuities awarded to individuals on or pact their retirement should contact Jacksonville, FL: (904) 232-2546 any, in excess of what social security after January 1, 2002, on the basis of the U.S. Railroad Retirement Board. Joliet, IL: (815) 740-2101 would have paid to the annuitant if it 30 or more years of rail service will not A complete copy of the text of Kansas City, MO: (816) 426-5884 had always covered rail service. be reduced when individuals are under H.R. 10 is available on the U.S. Little Rock, AR: (501) 324-5241 The annuity component that is age 62. Such an unreduced 30/60 an- House of Representatives website Louisville, KY: (502) 582-5208 equivalent to a social security benefit is nuity, just like a reduced 30/60 annuity, at: http://www.house.gov. Mesa, AZ: (480) 610-5990 taxed like a true social security benefit. will not have a social security equiva- Telephone Numbers for major Milwaukee, WI: (414) 297-3961 The part of the annuity that exceeds lent component until the annuitant at- RRB field offices are listed below: Nashville, TN: (615) 736-5131 what social security would pay is taxed tains age 62. Until then, the entire an- Albany, NY: (518) 431-4004 New Orleans, LA: (504) 589-2597 like a private pension. This is an impor- nuity amount will be taxed like a pri- Albuquerque, NM: (505) 346-6405 New York, NY: (212) 264-9820 tant distinction because the effective tax vate pension. Altoona, PA: (814) 946-3601 Newark, NJ: (973) 645-3990 rate on social security benefits is lower After the individual attains age 62, Atlanta, GA: (404) 331-2841 Oakland, CA: (510) 637-2973 than the effective tax rate for private a part of the annuity will be taxed un- Baltimore, MD: (410) 962-2550 Omaha, NE: (402) 221-4641 pensions. Private pension payments, der the more lenient tax provisions ap- Bellevue, WA: (206) 553-5483 Philadelphia, PA: (215) 597-2674 after adjustment to compensate for pre- plicable to social security benefits. How- Billings, MT: (406) 247-7375 Pittsburgh, PA: (412) 395-4634 viously taxed contributions made to the ever, before and after attaining age 62, Birmingham, AL: (205) 731-0019 Portland, OR: (503) 326-2143 pension plan by employees during their employees receiving unreduced annu- Boston, MA: (617) 223-8550 Richmond, VA: (804) 771-2997 working years, are taxed like ordinary ities will have more income subject to Buffalo, NY: (716) 551-4141 Roanoke, VA: (540) 857-2335 income. tax than they would if they received re- Charlotte, NC: (704) 344-6118 Sacramento, CA: (916) 498-6654 When a rail employee receives an duced annuities. This is true because Chicago, IL: (312) 751-4500 Salt Lake City, UT: (801) 524-5725 annuity before age 62 on the basis of 30 they will be receiving more money, not Cincinnati, OH: (513) 684-3188 Scranton, PA: (570) 346-5774 or more years of service, or because of because of any change in the way Fed- Cleveland, OH: (216) 522-4053 Spokane, WA: (509) 353-2795 an occupational disability, no part of the eral income tax provisions apply to Rail- Covina, CA: (626) 339-9993 St. Louis, MO: (314) 539-6220 annuity is equivalent to a social secu- road Retirement Act annuity payments. Decatur, IL: (217) 423-9747 St. Paul, MN: (651) 290-3491 rity benefit. This is true because social Finally, provisions of the Railroad Denver, CO: (303) 844-4311 Tampa, FL: (813) 228-2695 security does not pay benefits based on Retirement Act have long exempted an- Des Moines, IA: (515) 284-4344 Westbury, NY: (516) 334-5940 age to anyone before age 62, and it does nuities from State income tax. This was Detroit, MI: (313) 226-6221 Wichita, KS: (316) 687-5973 not pay occupational disability benefits. not changed by H.R. 10. •
Retirement amount on her annuity beginning date 12. When is this provision effec- can expect to receive any accrual pay- (before any reduction for dual benefits) tive and to which widow(er)s does ments, retroactive to February, in late Continued from Page 2 is $1,500. The widow is also entitled to it apply? April 2002, and increased regular a social security benefit, based on her Effective February 1, 2002, but not monthly payments reflecting their new years, including the COLA payable in own earnings, of $1,100 a month. retroactively payable before that date, rates beginning with the payment they January 2002, was 2.4 percent. Thus, at the time her railroad re- the widow(er)s’ guaranty provision ap- receive on May 1, 2002. Letters are be- tirement widow’s annuity begins, her plies to all widow(er)s whose annuities ing sent in January to affected 10. What if the widow(er) is also net annuity would be $600 and her to- begin February 1, 2002, or later, and to widow(er)s on the Board’s rolls advis- entitled to social security benefits? tal combined social security and rail- some, but not all, widow(er)s on the ing them of the change in the law, and Widow(er)s’ tier I benefits will con- road retirement benefits would be rolls before the effective date. also advising them as to whether they tinue to be reduced for entitlement to $1,700. While legislation enacted in 1981 will receive an increase. Widow(er)s social security, certain public service Again assume that a cost-of-living provided a new formula for computing who are due an increase do not need to pensions and dual railroad retirement adjustment (COLA) payable in January tier II benefits, most awards to take any action or contact the Board. entitlement. However, while 2003 yields a 4 percent increase in tier widow(er)s continued to be made un- widow(er)s’ railroad retirement annu- I and social security benefits and a 1.3 der the pre-1981 formula during a sub- 14. How can individuals find out ities will be reduced by subsequent so- percent increase in tier II benefits. sequent 5-year transition period. Those more information about how these cial security and applicable public ser- The total dollar amount of this widow(er)s’ annuities reflecting this changes affect them? vice pension cost-of-living increases, widow’s tier I and tier II benefit in- pre-1981 formula are not affected by the The Board is making every effort the total amount of combined benefits creases would be $39.90. This amount new amendments. Also, many of the to notify by mail all parties affected by will not decrease from the total payable is subtracted from the $300 guaranty widow(er)s’ annuities currently being this legislation as soon as possible. before the cost-of-living adjustment. amount, reducing it to $260.10. In this paid under the 1981 amendment for- Railroad Retirement Board offices case, tier I is not actually payable be- mula are, because of subsequent cost- are open to the public Monday through 11. What would be a basic ex- cause it is reduced to zero for the so- of-living adjustments, already higher Friday, except on Federal holidays. Per- ample of how this would work? cial security benefit. The guaranty than the annuity that would be payable sons can find the address and tele- Assume that a 67 year-old widow amount is reduced by the tier I and tier under the new law. phone number of the Board office serv- becomes entitled in June 2002 to a rail- II cost-of-living increases, not the so- The Railroad Retirement Board es- ing their area by calling the Board’s road retirement widow’s annuity. The cial security increase. Her net railroad timates that between one-fourth and automated toll-free Help Line at 1-800- employee had been receiving a railroad retirement widow’s annuity (before any one-third of the widow(er)s on its rolls 808-0772, or from the Board’s Web site retirement annuity of $1,500 a month, deduction for the Part B Medicare pre- will have an initial minimum amount, at www.rrb.gov. comprised of a tier I benefit of $900 and mium) would be $564 (her increased computed as of their annuity beginning Patience on the part of annuitants a tier II benefit of $600. This widow’s tier II of $303.90 plus the reduced guar- date, that still exceeds their regular would be appreciated when contacting tier I benefit on her annuity beginning anty amount of $260.10). However, the annuity computation with cost-of-living Board offices, as a higher than usual date (and before any dual benefit re- total amount of combined benefits pay- increases. volume of calls is expected as a result duction) is $900. Her tier II benefit un- able rises to $1,708 because her social of this legislation. E-mail inquiries der prior law (50 percent of the security benefit was increased by the 4 13. When can these widow(er)s about this legislation can be sent to the employee’s tier II) is $300; and, under percent COLA to $1,144. expect to see this increase in their Board by going to the Board’s Web site the new law, her “guaranty amount” is monthly benefit? and clicking on “Send us a secure mes- $300. Her widow’s initial minimum Widow(er)s affected by this change sage” under “Latest News.” • Page 4 Locomotive Engineer Newsletter · February 2002 BLE NEWS
NTSB says truck BLE gains exclusive right to attend driver in 1999 Amtrak collision apprentice engineer training classes ‘impaired by fatigue’ Grand Trunk contract gives apprentice engineers increase of nearly $50 per basic day On February 5, the National The Brotherhood of Locomotive En- motion under agreements between the day guarantee at a rate of $900 ($180 Transportation Safety Board is- gineers and the Grand Trunk Western Carrier and the BLE, as well as other per day). sued a final report blaming the Railroad have signed a new contract matters related to apprentice engineer Brother Karakian noted that the fatal 1999 collision between an that gives the BLE the exclusive right training.” new GTW apprentice engineer basic Amtrak train and a tractor-trailer to attend apprentice engineer training The agreement, ratified by BLE day is greater than the basic day of any on the truck driver’s failure to classes. members on the GTW, was negotiated conductor on the GTW. stop when he heard the warning In addition, the BLE and GTW by BLE General Chairman John M. In the event apprentice engineers bells and saw the crossing gates. signed a Letter of Understanding, Karakian with assistance from Inter- are required to work on either the sixth The truck driver drove which gives apprentice engineers an national Vice-President Paul T. Sorrow. or seventh day in that work week, they around the safety gates at the immediate increase in pay of almost The agreement also establishes a union will be paid $180 for each additional day grade crossing in Bourbonnais, $50 per basic day. shop provision. in excess of five days worked. Ill., NTSB investigators said, re- According to the agreement, BLE The Letter of Understanding pro- The International Division com- sulting in a fiery crash that left representatives will attend the appren- vides apprentice engineers with an mends General Chairman Karakian, 11 people dead and 122 injured. tice engineer training classes, “for the eight-hour basic day of $180 per day Vice-President Sorrow, and the other It also caused an estimated $14.3 purpose of addressing apprentice en- over a five-day weekly guarantee. The members of the Grand Trunk Western million in damages. gineers in connection with familiariz- Letter of Understanding modified General Committee for their work in The driver felt he could cross ing them with their rights and obliga- GTW’s former six-day guarantee rate negotiating this agreement. • the tracks before the train tions with respect to training and pro- of $836.15 ($139.35 per day) to a five- reached the intersection, a judg- ment “likely impaired by fatigue,” the NTSB concluded. The truck tor of the IBB’s Railroad Division. “The Jr., President of the NCFO. driver had only three to five hours Affiliate Support Boilermakers urge the Board to con- On January 24, the Brotherhood of of sleep in the 38 hours before the Continued from Page 1 tinue its long-standing ruling for the Maintenance of Way Employes wrote a accident, the NTSB said. good of all rail workers.” letter to the NMB, clearly expressing The BLE’s Safety Task force bers — have pledged to support the The IBB represents more than the fact that it opposes modifications was an active participant in the BLE if it is forced to fight for its sur- 100,000 workers throughout the United to railroad crafts or classes, “such as NTSB’s entire accident investiga- vival. These unions have also directly States and Canada in construction, re- that sought by the UTU.” tion process, including its public contacted the National Mediation pair, maintenance, manufacturing and “BMWE continues to oppose NMB hearing and sunshine meeting, Board and specifically asked the NMB related industries. intrusion into matters of employee self- where the final report was intro- not to combine operating crafts in the On January 23, the American Train organization,” wrote BMWE President duced. BLE General Secretary- railroad industry. Dispatchers Department of the BLE Mac A. Fleming. Treasurer W.C. “Bill” Walpert, In recent weeks, 12 unions repre- contacted the NMB regarding the legiti- With more than 50,000 members, Chairman of the Safety Task senting more than 5 million members macy of separate operating crafts. the BMWE represents rail workers who Force, recognized the participa- have written letters to the National ATDD President Leo McCann wrote, build and maintain the railroad track tion of Safety Task Force mem- Mediation Board and to BLE Interna- “Throughout the railroads’ history and structures in the U.S. and Canada. bers Carl Fields of BLE Division tional President Don M. Hahs, urging there have been two operating crafts.” On January 31, the BLE received a 682 (Hammond, Ind.), Tom the NMB not to change existing craft Also on January 23, the BLE re- letter of support from the 240,000-mem- O’Brien of BLE Division 520 lines in the railroad industry and pledg- ceived a pledge of support from the ber International Association of Fire (Joliet, Ill.) and John P. Tolman, ing to support the BLE. Service Employees’ International Fighters (IAFF). Assistant to the International Since publication of the January Union-National Conference of Firemen “We are pleased to offer… our sup- President. issue of the Newsletter, the BLE has re- & Oilers (NCFO). The SEIU-NCFO rep- port for your efforts in defending NTSB investigators further ceived letters of support from six addi- resents more than 1.2 million members, against the attacks that have recently concluded that the crossing gates tional unions. including railroad shop laborers, util- been waged against your union by the and warning lights were working In a February 20 letter to President ity men, oilers, and other crafts. United Transportation Union,” wrote properly at the time of the crash, Hahs, the International Brotherhood of “The BLE has the full support of the IAFF General President Harold A. which happened on March 15, Teamsters lent its full support to the National Conference of Firemen & Oil- Schaitberger. 1999. The accident occurred BLE. ers with thwarting any raiding attempts Copies of all letters are available when Amtrak’s City of New Or- “It is my understanding that UTU by the UTU,” wrote George J. Francisco on the BLE website. • leans smashed into a tractor- severed its ties with the AFL-CIO for trailer truck loaded with steel at the sole purpose of raiding the BLE,” a grade crossing. wrote Teamster General President An investigation by the Illi- James P. Hoffa. “Such action must not Resolution of the Rail Labor Division, nois State Police found that the be tolerated. Transportation Trades Department, AFL-CIO gates were not working correctly “Be assured that the Teamsters will at the time of the accident, but support the BLE in its campaign to con- Passed on February 7, 2002 that the driver, John R. Stokes, vince the National Mediation Board to drove past flashing red lights at refrain from changing its long term WHEREAS, the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) the crossing. During NTSB hear- definition of rail operating crafts to a is a voluntary federation of America’s unions, representing more than 13 million working ings, witnesses differed on single craft. We, like the BLE, under- women and men nationwide; and whether the crossing gate struck stand what it means to honor another WHEREAS, the AFL-CIO’s mission is to bring social and economic justice to our nation by the trailer as Stokes drove his union’s historical jurisdiction, and we truck across the tracks. Stokes enabling working people to have a voice on the job, in government, in a changing global vow to work closely with the BLE on economy and in their communities; told authorities after the crash this important issue,” Hoffa concluded. that he didn’t see the train ap- The Teamsters represent 1.4 mil- WHEREAS, the AFL-CIO seeks to promote and protect the rights, interests and safety of its proaching, and claimed the bells, lion workers in various industries, in- affiliates and members through solidarity, aggressive representation and education; lights and gates started after he cluding truck drivers and dock work- began crossing the tracks. ers. NOW THEREFORE, we hereby RESOLVE that any affiliate that leaves the AFL-CIO with the The Illinois police report On January 21, the International intent of raiding an affiliated union shall not be allowed back into the House of Labor for a agreed with the NTSB report in Brotherhood of Boilermakers, Iron Ship period of not less than five years; and concluding that Stokes was Builders, Blacksmiths, Forgers & Help- BE IT FURTHER RESOLVED that such organizations shall not be allowed to renew or apply for “physically impaired by extreme ers (IBB) wrote a letter to NMB Chair- sleep deprivation or fatigue.” Fed- any AFL-CIO membership status unless or until they merge with a labor organization that is man Francis J. Duggan, urging the NMB an affiliate of the AFL-CIO, or said organization is under new leadership; eral rules require truck drivers to to continue its definition of separate take an eight-hour break after 10 rail operating crafts. AND BE IT FURTHER RESOLVED that there shall be a 45 day grace period from the date of hours of driving, but Stokes re- “Today, just as in the past, there is adoption of this resolution for any organization to be notified of the charges and the changes portedly had a much shorter rest. an engineer and a trainman’s class and of this resolution. craft,” wrote Joseph A. Stringer, Direc- Locomotive Engineer Newsletter · February 2002 Page 5 CARRIER INCOME Burlington Northern Santa Fe ○○○○○○○○○○○○○○○○○○○ Canadian National Railway
On January 22, Burlington Northern Santa Fe Corp. said its Canadian National Railway Co. paid little heed fourth-quarter profits — before unusual — items fell to $472 to the recession in the fourth quarter of 2001, million. posting a 25% increase in profit over the same The Fort Worth, Texas-based transport giant, the No. 2 U.S. quarter one year ago. railroad behind Union Pacific, said net profits fell to 46 cents While the railway’s earnings were inflated by per-share from 65 cents per-share a year earlier. the acquisition of the Wisconsin Central Transportation Corp., it also managed Excluding unusual items, including a $42 million after-tax to control costs while finding 10% more revenue. charge for workforce reduction related costs, earnings were In the quarter, CN reported net income of C$296-million ($1.48 a share), com- 57 cents a share in the latest period. Freight revenues for the pared with C$237-million ($1.20) a year earlier. Revenue rose to C$1.54 billion 2001 fourth quarter were $2.27 billion, 2 percent lower on over 3 percent higher from C$1.39 billion. Of that, the acquisition of WC, effective on Oct. 9, contrib- ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○○○○○○○ ton-miles compared with the same 2000 period. uted net income of C$17 million (8¢) and C$129-million of additional revenue. Revenues fell to $2.3 billion from $2.34 billion a year earlier, in part because The company’s operating ratio, a measure of efficiency based on the per- of the loss of a major transport contract with giant automaker General Motors. centage of revenue needed to run the railway, improved by 2.2 points in the quar- BNSF’s earnings per share for the full year ended December 31, 2001, in- ter to an industry leading 66.1%. cluding unusual items, was $1.87 on a diluted basis compared with earnings of For the year, CN had income of C$978 million on an adjusted basis. That’s up $2.36 per diluted share in 2000. Operating expenses of $7.39 billion for full-year from C$879 million a year earlier. Excluding one-time items, CN had income of 2001 increased by $330 million or 5 percent on 2 percent higher ton-miles. Full- C$1.04 billion ($5.23), up from C$937 million ($4.67) in 2000. Revenue was C$5.65
year operating income fell to $1.79 billion from $2.15 billion in 2000. • billion, up from C$5.43-billion.
○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Canadian Pacific Railway CSX Transportation
Canadian Pacific Railway expects a CSX Corp., the parent company of CSX Trans- “tough first half” because of the eco- portation, reported on January 23 a fourth-quarter nomic downturn and possible drought 2001 profit of $65 million, or 31 cents per share, up conditions for grain crops in Western from $54 million, or 26 cents per share, the previ- Canada, company executives told a ous year. news wire service on January 22. CSXT operates the third-largest railroad in the The firm released fourth-quarter financial results on January 21. Profits, United States. The latest three-month period was the seventh consecutive quar- excluding nonrecurring items, fell 5 percent to C$118 million ($73.3 million), or ter CSXT has reported earnings exceeding the previous year’s earnings. 74 Canadian cents per share. In the final quarter of 2000, it earned C$124 mil- Despite the recession, surface transportation, which includes the rail and lion, or 78 Canadian cents a share. intermodal units, had its strongest earnings since the first quarter of 1999. Op- A severe drought in 2001 in southeastern Alberta and southwestern erating income was $246 million, excluding the litigation provision, up from $205 Saskatchewan drastically reduced CP’s grain shipments. While it is early in the million in the fourth quarter of 2000. year, a mild winter and the resulting lack of snow are again raising concerns ○○○○○○○○○○○○○ The recession and the slowdown in business following the events of Sept. 11 about moisture levels in Western Canada. drove down chemicals, autos, metals, paper, minerals and intermodal revenue As part of a cost-cutting operation in 2002, CP expects to abandon about 300 for the quarter, but coal remained solid. miles of under-used lines and to pare an undisclosed number of jobs. After cut- For 2001, CSX net income from continuing operations was $293 million, or ting more than 1,300 staff last year, CP employs about 16,900. $1.38 per share, compared to $186 million, or 88 cents per share, for 2000. Ex- CP will spend between C$10 million and C$12 million on cleanup of a Jan. 18 cluding the litigation provision, net income from continuing operations was $330 derailment of 31 ammonia cars at Minot, N.D. Total costs will depend on any million or $1.55 per share, an increase of 77 percent. •
lawsuits, but CP has an insurance policy that kicks in after C$7 million. •
○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Kansas City Southern ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Norfolk Southern Corp.
Kansas City Southern Industries Inc. said on January 31 that Norfolk Southern fourth-quarter profits more than doubled, helped by a surge in Corp. said on domestic coal shipments. January 23 that The railroad reported net income of $11.1 million, or 18 cents cost control measures helped its fourth-quarter and yearly earnings beat Wall share, compared with $3.6 million, or 6 cents, a year earlier. Street expectations despite the slow economy. Revenues increased 8 percent, to $145.5 million from $134.8 mil- The holding company, which owns the Norfolk Southern Railroad, earned lion. KCS said its net tons of coal shipped increased about 35 percent from third- $115 million, or 30 cents per share, in the three months ended Dec. 31, including quarter levels because of strong demand from utility plants. an after-tax gain of $12 million, or 3 cents per share, from the sale of a real It also said shipments rose for paper products, export grain, certain chemi- estate parcel. cal and plastics products and military shipments. These were partially offset by That compared with earnings in the fourth quarter of 2000 of $5 million, or 1 declines for domestic grain, food products, ore and mineral products, steel and cent per share, when the company took a work force reduction charge of $39 scrap metal shipments and intermodal products, mostly due to the slow economy. million, or 10 cents per share. Kansas City Southern said it expects coal revenues to decline in 2002 as the Revenues grew slightly to $1.53 billion, compared with $1.52 billion in the result of a contractual rate reduction at one customer and the expiration of an- fourth quarter of 2000, despite a 1 percent, or 20,600-unit, decrease in carloads. other contract. Annual profits rose to $375 million, or 97 cents per share, including an after- KCS said its equity earnings from its railroad in Mexico, Grupo TFM, tenta- tax gain of $13 million, or 3 cents per share, related to the 1998 sale of Norfolk tively increased $2.2 million and interest expense declined $1.7 million. It said Southern’s former motor carrier subsidiary, North American Van Lines Inc. In those improvements were partly offset by a $9.8 million increase in the income 2000, the company earned $172 million, or 45 cents per share, including a work
tax provision. • force reduction charge of $101 million, or 26 cents per share. •
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jump in grain shipments to Mexico, rose 8 percent, according to spokesman John Union Pacific Corp. Bromley. Consumer-related revenues, such as industrial products, chemicals and au- Union Pacific Corp., North America’s biggest railroad tomotive, dropped. Intermodal business, involving shipments carried on both rail operator, said on January 24 that fourth-quarter profits and other transport forms, such as trucks, rose 1 percent. shot up 20 percent amid a strong pickup in coal shipments. Results were helped by a 10 percent rise in worker productivity and a 20 The firm, which also owns a trucking operation, said that percent drop in fuel and utilities costs, Union Pacific said. quarterly net income was $275 million, or $1.06 share, up For all of 2001, net income rose 6 percent to $966 million, or $3.77 a share. from $229 million, or 90 cents. The 2000 fourth quarter For all of 2000, profits were $914 million, or $3.61 a share, before the after-tax figures excluded a $72 million charge for job cuts. charge for staff cuts. Operating revenues rose 2 percent to $3 billion from $2.95 Union Pacific, which has ridden a broad rally in rail stocks fueled by hopes billion. of a up swing in the U.S. economy, is up 12 percent over the last 12 months. • Energy-related revenues, mainly for carrying coal, were up 13 percent from the same three months ended Dec. 31, 2000. Agricultural shipments, including a Page 6 Locomotive Engineer Newsletter · February 2002 BLE NEWS ARC issues report over Labor’s objections
As part of the Rail Labor Division of the AFL- three branches of the government — legislative, ex- CIO’s Transportation Trades Department, the BLE ecutive and judicial — are charged with certain du- was one of 11 rail unions to file a lawsuit on January ties by the U.S. Constitution and these powers are “Instead of providing an objective 22 to block the Amtrak Reform Council (ARC) from separated through a system of checks and balances assessment of Amtrak’s operations, filing a report with Congress, which calls for which keep any one branch from be- the breakup of Amtrak. coming overly powerful. While the ARC has long pursued an agenda to Unfortunately, the lawsuit did not con- ARC performs a function that is “ex- dismember Amtrak.” vince a federal judge to block the release of ecutive in nature” by finding that the report, which ARC delivered to Congress Amtrak will not be operationally self- — Mark Filipovic, on February 7 (see related article, page 1). sufficient, eight of its 11 members Chairman of TTD’s Rail Labor Division, AFL-CIO The ARC “acted in an arbitrary and ca- were appointed by Congress and not pricious manner and contrary to law,” said the Executive Branch, which tradi- the Rail Labor Division (RLD), which repre- tionally fulfills this role in the sepa- sents the vast majority of workers in the ration of powers. After this finding, In addition to Rail Labor, Amtrak does have other passenger and freight rail industry. Amtrak must prepare a liquidation plan and Congress supporters. Transportation Secretary Norm Mineta “Instead of providing an objective assessment of must act on an expedited schedule to approve told the U.S. Conference of Mayors on January 24 Amtrak’s operations and finances as Congress in- changes to Amtrak or disapprove its liquidation; and that he would like Congress to give Amtrak $521 mil- tended, the ARC has long pursued an ideological • Vote on liquidation would occur through a joint lion in the 2003 budget, and speed up reauthoriza- agenda to dismember and then sell-off Amtrak to resolution of Congress which would violate the re- tion of its charter to continue providing passenger private interests,” said RLD Chair Mark Filipovic. quirements of Article I of the Constitution regarding rail service. “We’ve long known that the ARC is a rogue group how legislation is presented to the President. The plaintiffs in the suit were the unions of Rail wasting taxpayers’ dollars to achieve a result Ameri- “Congress has for good reason repeatedly voted Labor Division, Transportation Trades Department, cans do not want. But in the last few months the ARC to curb the funding and the work of the ARC,” said AFL-CIO; Brotherhood of Maintenance of Way Em- has taken its self-appointed missionary zeal to new, Sonny Hall, president of the AFL-CIO’s Transporta- ployes; Transport Workers Union of America: Broth- and illegal, extremes.” tion Trades Department, the RLD’s parent organiza- erhood of Locomotive Engineers; Transportation- Specifically, the suit filed in the U.S. District Court tion. “But by flaunting the law, ARC keeps muddying Communications International Union; International for the District of Columbia, contends that the ARC: up what should be a healthy national debate about Association of Machinists and Aerospace Workers; • In violation of the law, did not take into account passenger rail in this country. The courts can now Brotherhood of Railroad Signalmen; National Con- the actual assessments of an independent consult- complete the job that Congress started — to reign in ference of Firemen and Oilers, SEIU; International ant and the Department of Transportation’s Inspec- the ARC and stop it from ignoring its congressional Brotherhood of Electrical Workers; the Sheet Metal tor General when formulating its recommendation to mandate.” Workers International Association; the International Congress; Currently on Capitol Hill, the Bush administra- Brotherhood of Boilermakers; the Hotel Employees • Acted in “excess of its authority” by recom- tion and Congress are preparing to make decisions and Restaurant Employees International Union; and mending the breakup of Amtrak as a national sys- on the future of passenger trains in America. Amtrak the American Train Dispatchers Department, BLE. tem, when it was legally mandated to offer a plan for must be reauthorized this year, and numerous ideas The RLD is a division of the AFL-CIO’s Trans- a “restructured” national intercity passenger rail are being discussed on a future structure for train portation Trades Department, whose 34 member system; operation, ranging from giving Amtrak more money unions represent several million workers in the avia- • Was structured in violation of the Constitutional to breaking up the company into smaller, private com- tion, rail, transit, trucking, highway, longshore, mari- requirement for separation of powers. Each of the panies serving only major passenger corridors. time and related industries. •
Amtrak to layoff 1,000, would own, operate and main- maintenance. But the ARC Amtrak’s Future tain the tracks, property and saw what it wanted to see, cut long distance routes Continued from Page 1 stations now under Amtrak’s heard what it wanted to control. This was tried in Great hear, and today did what it Amtrak President George ernment regulators to become should be relieved of policy- Britain and failed miserably, always wanted to do — with Warrington announced on operationally self-sufficient by making duties and land Rail Labor noted. taxpayers picking up the January 31 that Amtrak will 2002, Amtrak has suffered ownership. After a transi- “Every step of the way, the tab.” eliminate 300 management po- from increased costs because tion period, private opera- ARC ignored the facts and told According to TTD Presi- sitions and 700 agreement po- of the September 11 attacks. tors would be allowed to the fables it wanted to tell,” dent Hall, organized labor sitions in an effort to boost the Amtrak has increased its secu- compete for contracts to run said TTD President Hall, who will not turn to Capitol Hill railroad’s bottom line. rity costs by $16.5 million be- specific routes. Under the is also President of the Trans- to fight for the survival of The layoffs are expected to cause of the terrorist threat. ARC’s plan, a new subsid- port Workers Union. “In over Amtrak in its current form. cut Amtrak’s operating costs In addition, the Amtrak iary of Amtrak would con- four years as a ‘fact-finding’ “Transportation labor by $110 million. The railroad Reform Council’s report, which duct train operations, ulti- body you think they would will now mobilize to ensure will also eliminate discretion- calls for the dismantling of mately franchising out some have seen what an abysmal Amtrak as a national sys- ary spending and will reduce Amtrak, has resulted in a loss or all routes through com- failure privatized rail has been tem obtains the federal re- capitol spending by $175 mil- of business for the railroad. petitive bidding. in places like England, with its sources it needs in FY lion. Amtrak said that while it Amtrak says it has lost $52 Another subsidiary rampant delays and shoddy 2003,” he said. is not cutting routes at this million due to the ARC’s re- time, it may have to cut some port, which has scared away long distance routes in the investors and other business near future. partners. billion in funding necessary for Savannah-Miami; leans; The 300 management posi- Amtrak will need $1.2 bil- the railroad to maintain cur- • Crescent: New York City- • Sunset Limited: Orlando, tions represent about 10 per- lion to fund its operations in rent service levels: Atlanta-New Orleans; Fla.-New Orleans-Los Angeles; cent of the current manage- Fiscal Year 2003. • Kentucky Cardinal: Lou- • Capitol Limited: Wash- • Texas Eagle: Chicago- ment workforce. Approxi- BLE International Presi- isville, Ky.-Chicago; ington-Pittsburgh-Chicago; San Antonio; mately 100 mangers will face dent Don M. Hahs says that he • Cardinal: Washington- • Three Rivers: New York- • California Zephyr: Chi- immediate layoff while the re- believes the cuts are a direct Cincinnati-Chicago; Philadelphia-Pittsburgh-Chi- cago-Emeryville, Calif.; maining 200 will receive 4-6 result of years of under-fund- • Pennsylvanian: Philadel- cago; • Empire Builder: Chicago- weeks notice. The 700 agree- ing from Congress and the ill- phia-Pittsburgh-Chicago; • Twilight Shoreliner: Bos- Seattle/Portland, Ore.; ment positions represent conceived actions of the • Silver Palm: New York- ton-Washington-Newport • Southwest Chief: Chi- about four percent of Amtrak’s Amtrak Reform Council. Savannah, Ga.-Tampa, Fla.- News, Va.; cago-Kansas City, Mo.-Los An- unionized workforce, and the On February 4, Amtrak re- Miami; • Lake Shore Limited: Chi- geles; and cuts will come primarily from leased the following list of • Silver Star: New York- cago-Boston/New York; • Coast Starlight: Seattle- the shop crafts. routes that may be cut if Con- Savannah-Miami; • City of New Orleans: Chi- Portland, Ore.-Los Angeles. • Under pressure from gov- gress does not provide the $1.2 • Silver Meteor: New York- cago-Memphis, Tenn.-New Or- Locomotive Engineer Newsletter · February 2002 Page 7 BLE NEWS BLE ready to defend crafts on KCS
ber 15, 2001, for all periods employed Kansas City Southern by the Carrier in the Engine Service and Continued from Page 1 Train Service crafts or classes, and the date each person entered the craft or Yardman (i.e. Train Service crafts); and class covered by the seniority roster. Locomotive Engineer, Fireman, Hostler, • An analysis of the numbers and Hostler Helper (i.e., Engine Service percentage of time persons employed crafts) on June 15, 2001 and Septem- in the Train Service craft or class have ber 15, 2001. spent doing tasks in the Engine Service • The number of employees hired craft or class, for the period of June 15, into a Train Service craft or class by 2001 and September 15, 2001. the Carrier before November 1, 1985, • For any employee hired in the who were employed by the Carrier and Train Service craft or class before or working in a Train Service craft or after November 1, 1985, the number and Roland P. Wilder Jr., left, will represent the BLE before the National Mediation Board to class as of June 15, 2001 and Septem- percentage of such employees receiv- protect historic rail operating crafts. He discusses case material with, from left, ID Staff ber 15, 2001. ing or holding certifications as Locomo- Attorney T.C. Brennan and General Secretary-Treasurer W.C. Walpert. • The number of employees hired tive Engineers for each year between into a Train Service craft or class by 1985 and 2001. the Carrier after November 1, 1985, who • The number of employees in the scale and incentives or extra pay for Employees exists on KCS,” the UTU were employed by the Carrier and Train Service craft or class who re- trainmen with the pay scale and incen- attorneys wrote. working in a Train Service craft or ceived a seniority date in the Engineer tives or extra pay for engineers. To help in the defense of historic class as of June 15, 2001 and Septem- Service craft or class during the period • Define the concept of cross utili- operating craft lines before the NMB, ber 15, 2001. from June 15, 2001 and September 15, zation and the concepts of ebb and flow, the BLE has retained the services of the • The number of employees hired 2001. as well as the differences, if any, be- Washington, D.C. law firm Baptiste & into a Train Service craft or class by • The names of any trainmen who tween the two concepts. Wilder, P.C. Roland P. Wilder Jr. will the Carrier before November 1, 1985, are not certified but currently being • Describe the locomotive remote represent the BLE at the NMB. who were employed by the Carrier and trained for engineer certification. control technology and which employ- Mr. Wilder has appeared hundreds working in an Engine Service craft or • Copies or a list of all operating, ees will be using the new technology. of times before the NMB on behalf of class as of June 15, 2001 and Septem- safety and/or incidental work rules that In a February 1 letter to the NMB, various labor clients. ber 15, 2001. apply to both trainmen and engineers. attorneys for the United Transporta- The firm primarily represents la- • The number of employees hired • Copies or a list of all operating, tion Union objected to the time frame bor unions and has years of experience into a Train Service craft or class by safety and/or incident work rules that of June 15, 2001 to September 15, 2001, presenting cases before the NMB in the Carrier after November 1, 1985, who apply only to trainmen. stating that the time period was too both the railroad and airline industries. were employed by the Carrier and • Copies or a list of all operating, short. In addition to the BLE and the Interna- working in an Engine Service craft or safety and/or incidental work rules that “This is not a ‘preponderance tional Brotherhood of Teamsters, class as of June 15, 2001 and Septem- apply to only engineers. check’ to determine in which craft em- Baptiste & Wilder have represented ber 15, 2001. • Job descriptions for engineers. ployees should vote, but rather an in- mechanics, flight attendants and fleet • The seniority rosters covering the • Job descriptions for trainmen. vestigation as to whether a single craft service employees in hearings before period June 15, 2001 through Septem- • Compare and contrast the pay or class of Train and Engine Service the NMB. • Quick-thinking train crew averts potential disaster
The derailment of a 112- according to the BLE’s North sibly deaths — had it not been Brother Olson received eral public seldom considers car CP Rail train on January Dakota State Legislative Board for the quick thinking of the treatment at a local hospital as they watch trains go by 18 near Minot, N.D., claimed Chairman Mike Muscha. train crew members who noti- and was later released. The them at grade crossings, or the life of one local resident, After the derailment, the fied authorities regarding the conductor was also taken to pass through various towns injured two rail crew members, train crew members were able toxic spill,” Brother Muscha the hospital but required fur- and cities in Canada and the and forced officials to order the to detach the locomotive power said. ther treatment. United States.” evacuation of a portion of the consist from the train and use Brother Muscha also said The CP Rail train, which In speaking of the locomo- city of Minot. it to escape the immediate the derailment highlights the had originated in Edmonton, tive engineer, J. A. Olson, BLE However, the accident area, including the expanding necessity of two-man crews. If Alberta, with a destination of Division 160 Local Chairman probably would have been toxic vapor cloud. Brother only one crew member had St. Paul, Minnesota, was trav- Craig Thurow said, “Jim is a much worse had it not been for Olson continued to send a dis- been aboard and had been in- eling eastbound in air tem- very dedicated and conscien- the quick-thinking train crew tress signal from the cab of the capacitated during the derail- peratures between five to ten tious engineer, who is well members, whose actions prob- locomotive while making sev- ment, then there would have degrees below zero, as it ap- liked by all of his co-workers. I ably prevented further injury eral emergency calls with a been no one available to notify proached the location where speak for all the members of and death. cellular phone. local authorities about the the derailment occurred. Division 160 to say were con- According to BLE Special They proceeded to what deadly cloud of gas headed to- At BLE headquarters in cerned about the welfare of Representative Dave Ditzel, they considered a safe dis- ward the heavily populated Cleveland, BLE President Don Jim, and all those involved in who represented the BLE tance from the crash site, and area. Hahs commended the prompt this incident.” Safety Task Force at the scene ran from the area on foot to Minot resident John action of the train crew to re- The Federal Railroad Ad- of the accident, some 30 cars escape the toxic cloud. They Grabinger, 38, was found dead move themselves from harm’s ministration and the National derailed, including approxi- then warned motorists to turn in his yard, and tests deter- way. “Had they not acted Transportation Safety Board mately 15 tank-cars of anhy- their vehicles around and not mined his death was related to quickly to get out of the area, (NTSB) spearheaded the acci- drous ammonia, some of which to enter the spill site. Upon the derailment. Reports in the we would surely have had a dent investigation. The NTSB ruptured, causing a release of leaving the locomotive, they local press following the 1:47 much more tragic outcome to assumed supervision of the in- toxic fumes, which later cov- had the presence of mind to a.m. derailment indicated that this derailment,” he said. vestigation and has under- ered a significant portion of the bring along the train list and as early as 3 a.m., many people “Train crews each day rou- taken the process of accident city. hazmat papers, which helped were already seeking medical tinely move hundreds of tons cause finding. Typically, the Immediately following the state and local authorities care. More than 100 persons of hazardous materials, and in process leading to a final cause derailment and the hazmat re- quickly learn the danger of the were treated in the emergency virtually in an instant of time, determination by the NTSB lease, Locomotive Engineer toxic cloud. room at the local Trinity Hos- they can find themselves in a can take up to a year complete. J.A. Olson of BLE Division 160 “There were many reports pital, where 15 persons were fight for their lives,” he contin- The BLE dispatched its (Harvey, N.D.) and Conductor of injuries due to the toxic admitted, some in the intensive ued. “This is a part of railroad- Safety Task Force to the scene, Craig Benson, a member of the cloud that spread in the hours care unit. Others sought medi- ing that our people must live where the BLE was made a UTU, “made some quick deci- after the derailment, and there cal attention at the nearby with each and every day they party-of-interest in the NTSB’s sions that saved many more probably would have been Minot Air Force Base hospital. work, and something the gen- investigation. • lives and prevented injuries,” many more injuries — and pos- Page 8 Locomotive Engineer Newsletter · February 2002 BLE NEWS BLE strikes RailAmerica FEBRUARY 2002 shortline in Nova Scotia CALENDAR & EVENTS JUNE 16-20, 2002… 75th Southeastern Meeting Association, Virginia Beach, Va. In an effort to obtain their first-ever Brother Toole said. “The BLE asked for Chairman T.C. Emory is hosting the 2002 SMA at the Virginia Beach Resort Hotel & Conference Center from June 16-20, 2002. Discount room rates of $99 per night have been secured and the reservation contract, members of the Brotherhood and received a strike mandate from our deadline is May 24, 2002. Reservations can be made by calling (800) 468-2722 (in Virginia please call of Locomotive Engineers are on strike members, and in early August, we were (800) 422-4747). A dinner cruise is being planned as part of the festivities. Space is available on a against the Cape Breton & Central Nova in a strike position. The BLE bargain- first-come, first-served basis, so you must register as soon as possible if you are interested. For Scotia Railway (CB&CNS), a subsidiary ing committee continued to negotiate preregistration form, please contact Brother T.C. Emory at 4912 Euclid Rd., Virginia Beach, VA 23462. of RailAmerica. with CB&CNS and on Jan. 21, CB&CNS E-mail requests can be sent to:
THE LOCOMOTIVE ENGINEER NEWSLETTER PERIODICALS Decertification Brotherhood of Locomotive Engineers POSTAGE PAID AT Since 1863, a Tradition of Forward Thinking CLEVELAND, OH Helpline and additional mailing offices BLE Publications Committee: Don M. Hahs, International President Edward W. Rodzwicz, First Vice-President & Alternate President William C. Walpert, General Secretary-Treasurer (800) 393-2716 Raymond A. Holmes, Vice-President & U.S. National Legislative Rep. John V. Bentley Jr., Editor Contact us: www.ble.org • (216) 241-2630 The railroad industry’s Kathleen Policy, Associate Editor first and only hotline COPYRIGHT 2002, ALL RIGHTS RESERVED for engineers facing VOLUME 16 • NUMBER 2 • FEBRUARY 2002 THE LOCOMOTIVE ENGINEER NEWSLETTER (ISSN No. 0898-8625) possible decertification is published monthly by the Brotherhood of Locomotive Engineers, events, offered 1370 Ontario Street, Cleveland, OH 44113-1702. Periodicals postage paid at Cleveland, OH and additional mailing offices. exclusively by the POSTMASTER: Send address changes to Brotherhood of BROTHERHOOD OF LOCOMOTIVE ENGINEERS Records Department, 1370 Ontario Street, Mezzanine Locomotive Cleveland, OH 44113-1702. Engineers. 0202