Volume 42/43 December 2010 / January 2011 Number 12/1

www.utuia.org www.utu.org The Official Publication of the United Transportation Union Conductor certification coming Jan. 1, 2012 WASHINGTON – In a Notice of Proposed •CSX General Chairperson (GO 049) John Rulemaking (NPRM) published in the Nov. 10 Lesniewski ; Federal Register, the Federal Railroad Admin - •UTU Training Coordinator and Local 528 istration proposes to make Jan. 1, 2012, the () Legislative Rep. Ron Parsons ; effective date for implementation of conductor •National Legislative Director James Stem ; certification. •Alternate National Legislative Director The rulemaking on principles, elements and John Risch ; methods of conductor certification was ordered by Congress in the 2008 Rail Safety Improve - •Local 645 (LIRR, Babylon, N.Y.) Chairper - ment Act. son Vinnie Tessitore ; The NPRM – preceding publication of a final •UTU Rail Safety Coordinator for Designat - rule, expected in early 2011 (ahead of imple - ed Legal Counsel Larry Mann . mentation) – was developed through the FRA’s The UTU will respond to NPRM with recom - Rail Safety Advisory Committee (RSAC), mendations for improvement and change in the which is comprised of stakeholders, affected final rule – as will all stakeholders. The FRA will labor unions, railroads, suppliers, manufacturers make the sole determination as to contents of and FRA safety experts. the final rule. The various stakeholders had many conflict - ductor Certification Working Group by a team Following are major provisions of the rulemak - ing objectives for the rulemaking, and the appointed by UTU International President Mike ing. A detailed summary is posted at www.utu.org. NPRM is a consensus document that required Futhey: (Click on “Transportation Safety,” and then compromise among all stakeholders. •Local 1470 (Edmonston, Md.) Chairperson “Engineer & Conductor Certification.”) The UTU was represented on the RSAC Con - David Brooks , now retired; Continued on page 10 OSHA fines BNSF for harassing injured UTU member A UTU member will collect more than Kansas City, Kan.), targeted for discipline after ordered to inform each of its employees in its $95,000 assessed BNSF by the Occupational being injured on the job, didn’t feel so helpless Kansas Division – in writing – of their whistle - Safety & Health Administration (OSHA) for after his local chairperson, Joe Lopez , attended a blower rights. violation of the Federal Rail DLC seminar on whistleblower rights. “This case and the work of our DLC shows that Safety Act. With assistance from General Chairperson Jim federal law protecting whistleblowers has teeth OSHA found BNSF guilty Huston (BNSF, GO 009) and committee Secre - and can be used to stop the intimidation and of intimidating and harassing tary Rex Pence , a case was presented to OSHA, harassment faced by our members,” Futhey said. the injured UTU member, who which administers the law applying to whistle - reported his workplace injury blower protection. “UTU members who think they have been to the FRA. “An employer does not have the right to retal - retaliated against for reporting workplace injuries The monetary award covers iate against employees who report work-related should discuss the matter with a UTU DLC, their Huston back wages, compensatory injuries,” said OSHA. general chairperson or state legislative director,” damages, attorney’s fees and In addition to the monetary penalty, BNSF was Futhey said. punitive damages. This is the first major award by OSHA after UTU Interna - Know your ‘whistleblower rights’ tional President Mike Futhey requested UTU designated Every UTU freight and passenger rail mem - first-aid treatment, or for following a physi - legal counsel (DLC) ramp up ber needs to know that federal law protects cian’s orders, a physician’s treatment plan, or efforts to assist members whose them from employer retaliation – and threats medical advice. whistleblower rights have been of retaliation – when they report to the carrier This protection is known as “whistleblower Pence or a government agency alleged violations of protection,” and the federal law is enforced by violated. safety or security laws or regulations, or alle - BNSF employee Ronald Helm (Local 1532, the Occupational Safety & Health Administra - gations of fraud, waste or abuse of funds tion (OSHA), which is an agency intended for rail safety or security. of the U.S. Department of Government agencies Labor. Knorr elevated to board include federal regulatory Complaints must be filed or law enforcement agen - with OSHA within 180 days Kenneth Knorr has been appointed to the cies, and members of UTU Executive Board in the wake of the res - Congress or their staff. of the alleged employer retaliation. ignation of Troy Johnson . Knorr formerly This protection, provid - Relief may include reinstatement served as alternate to that board. ed by the Federal Rail Safety with the same seniority and benefits, Knorr, of Local 1031, Savannah, Ga., Act of 2007, also extends to employees who backpay with interest, compensatory dam - serves his local as chairperson and delegate. refuse to work under certain unsafe condi - ages (including witness and legal fees), and He also serves as assistant general chairper - tions, or refuse to authorize the use of any punitive damages as high as $250,000. son of CSX Transportation General Committee safety or security related equipment. A rail employee may file the complaint GO 851. Retaliation, including threats of retaliation, directly with OSHA, or may contact a UTU “Congratulations on your elevation as a full is defined as firing or laying off, blacklisting, designated legal counsel, general chair - member of the board. This office looks for - demoting, denying overtime or promotion, person or state legislative director for ward to working with you and providing any disciplining, denying benefits, failing to rehire, assistance. assistance you might require in the fulfillment intimidation, reassignment affecting promo - A listing of UTU designated legal counsel is of the duties of your new position,” UTU tion prospects, or reducing pay or hours. available at www.utu.org, or may be obtained International President Mike Futhey wrote An employer also is prohibited from disci - from local or general committee officers or Knorr. plining an employee for requesting medical or state legislative directors. Page 2 December 2010/January 2011 UTU News AArroouunndd tthhee UUTTUU Local 100, Oakland, Calif. Local 1440, Staten Island, N.Y. Former UP/SP engineer Michael Litwin , 69, The officers and members of this local congratu - died Nov. 30 after battling melanoma, Local late fellow members Leudy Acosta , Charles Chairperson Daniel C. Fretty reports. “Mike was DeAngelis Jr. , David Olivo , Joseph DiCosmo a long time legislative representative and delegate and Maureen McKeever, who received commen - for this local. He attended seven UTU Interna - dation awards from the Metropoli - tional conventions as a delegate and served on the tan Transportation Authority, Local Secretary & Constitution Committee in 1999. He was a Treasurer Vincent LaBella reports. Trackmen staunch supporter of the one man/one vote refer - Acosta, DeAngelis and Olivo stopped a man while endum movement that has shaped the UTU as we he was severely assaulting a woman at the know it today,” Fretty said. “He will be missed by Annadale train station. Engineer DiCosmo and those who lived and worked with him, not only conductor McKeever were able to stop their train locally, but internationally, through his tireless before hitting a man, who was making a suicide efforts on behalf of the organization.” attempt. “These five members displayed the Retired UTU member Gary Dillon, center, and his courage and desire to help people in need during Local 117, Vancouver, Wash. fellow climbers unfurl the West Virginia state flag atop emergency situations. We are proud of their Amtrak conductor Paula Dennis , who hired Mount Kilimanjaro to honor fallen mine workers. efforts. They displayed real heroism,” LaBella said. out in train service Aug. 12, 1976, on Burlington Northern at Spokane, Wash., during the era of Retiree reaches new heights Local 1674, Los Angeles “Lit Al” Valenzuela, 13, son of Los Angeles Virginia Slims and the to honor fallen mine workers Junction Railway Company Local Chairperson women’s rights movement, Some UTU members will go to great Al Valenzuela , is the current California short- retired Dec. 29, according to lengths to honor their fallen brothers and sis - track speed skating champion in the “midget Legislative Rep. Larry ters. Local 915 member Gary Dillon , howev - division,” his proud father reports. He is also Drawdy . Dennis was one of er, went to great heights: 19,340 feet, the ranked thirteenth in the nation in his age group the first women to hire out in summit of Tanzania’s Mount Kilimanjaro. in short-track speed skating and is the first His - train service after courts panic to win the “midget division” state title. ordered railroads to hire Dillon climbed Kilimanjaro in October to honor the 29 men who lost their lives in Though not sponsored by Local 1674, “Lit Al” women in all positions, April 2010’s coal-mine explosion at the proudly wears his UTU 1674 skin suit when com - Drawdy said. “Paula and a Upper Big Branch mine in Whitesville, W. peting in local and national competitions. Dennis very few endured, and forced Va., about a mile from Dillon’s home. He attitudes and perceptions to eventually change for worked in the mining industry for a brief time women that followed. Paula always spoke her before signing on with the railroad. mind and supported the underdogs, and those who could not help themselves. She mastered the The 61-year-old retired CSX locomotive art of getting on and off moving equipment as engineer and Marine Corps veteran said he safely as anyone I ever witnessed. You’ve come a picked Kilimanjaro “because the mountain long way, baby!” Drawdy said. looks like a monument. It stands alone on a plain out in the middle of nowhere. It’s the Local 492, Sacramento, Calif. highest freestanding mountain in the world.” UTU Alumni Association member William When Dillon reached the peak Oct. 5, he “Hank” Stiles was one of 15 volunteers from two unfurled an American flag that had flown railway organizations who joined forces to clear over the U.S. Capitol in honor of the Upper several tons of rock and dirt from the Tunnel No. Big Branch miners, and a West Virginia flag. “Lit Al” Valenzuela 1 cut on the historical Placerville Branch rail He also read aloud the names of those who died in the disaster. line, Vice Local Chairperson Kenneth L. Rogers Local 1801, Martinez, Calif. reports. Crews from the El Dorado Western Rail - “I took along a list of short biographies Former Local Chairperson Larry Partridge retired way Foundation and the Folsom, El Dorado and that I started to read,” he said, “but I got too Nov. 16, and his fellow members wish him a long Sacramento Historical Railroad Association emotional to finish.” and healthy retirement, Local Chairperson Danny donated more than 75 hours of personal labor to The eight-day trek to the top took Dillon’s Kimmel reports. Partridge hired out as a switchman ensure safe passage through the cut for pedestri - group of six climbers – one Canadian, an on Southern Pacific in July 1968. A summer job ans, cyclists, equestrians and trains. Their service Irishman and three men from the United while attending college turned into a 42-year career, was featured in an article published by the Moun - Kingdom – through five distinct temperate Kimmel said. “Larry was elected local chairperson in tain Democrat . The Placerville Branch ran from zones, ranging from rain forest at the base of 1976 and went on to spend 23 years as a full-time Folsom to Placerville, Calif., and was abandoned the mountain to glacial ice fields at the top. union officer. He served as acting vice general chair - by Southern Pacific years ago. Dillon’s climbing companions, who were person in 1981, and in 1982 was elected to the posi - all familiar with the mine disaster, allowed tion of general chairperson on the SP switchmen’s Local 587, Greenfield, Mass. him to lead the final climb to the summit. general committee.” Partridge will be joining the Retired member Chester L. Ciepiela was In recent years, Dillon has climbed one ranks of the retired with his mother, Evelyn, a retired recently going through his cellar and found a peak a year, including Oregon’s Mount Hood SP clerk, and his wife, Marian, who recently retired number of old railroad and union items from and California’s Mount Whitney; Pico de after 35 years as a Contra Costa County librarian. when he was still working. The items include Orizaba, Mexico’s highest peak; and Argenti - switch keys, cuff straps (two-buckle), “Cliff Mer - CN (GTW) GO 217, Toledo, Ohio na’s 22,841-foot Aconcagua, the highest Duane V. Bartaway was elected chairperson of rit” comic books, an unused star lantern, a brake peak in the Western Hemisphere. club and other items. Anyone interested in them this Canadian National (Grand Trunk Western) “I have my sights set on Bolivia next,” he yardmaster general committee Nov. 24. Bart - for a collection or for a museum can contact said. “There is a 22,000-foot volcano there I away, pictured below at right, being sworn in by Ciepiela at (518) 664-6192. would like to climb. International GS&T Kim Thompson, is a mem - Local 759, Newark, N.J. “I am surrounded by mountains here in ber of Local 1962, Toledo, Ohio. Robbie Roth, son of Community Transporta - West Virginia, and they are good training,” tion employee Eddie Roth , died after suffering Dillon said. “I love hiking and climbing. a seizure Nov. 26, General Chairperson Calvin And, thankfully, I have a wife who is very Studivant reports. Robbie, 17, is also survived understanding.” by his mother, Debbie, and brothers Steven Adventurer Dillon has also tried scuba div - and Brandon. “We would like the Roths to ing – including a shark dive – and skydiving. “I know that all of the UTU family expresses tried a little of everything before I finally set - their condolences and that we share their tled on this mountain climbing stuff,” he said. grief,” Studivant said. Local 845, Seattle Local 1378, Wilmington, Del. The new voice of Local 845 has arrived, recent - Scott Stone, 28, son of Delaware State Legislative Director William Stone , died in October following ly elected Local Chairperson Brent Azus reports. a long and courageous battle with muscular dystro - “I have been working on getting a website put phy. In addition to his father and mother, Deborah UP GO 927, Tyler, Texas together for our local,” said Azus, who assumed Stone, Scott is survived by his fiancee, Jessica Carlos Wallace has been elected secretary of this office Jan. 1. “It is still in the works, but we would Rapolla. Also surviving are three brothers and one Union Pacific (T&P) general committee, General like all members of Local 845 to have a look at sister. The family suggests memorial contributions Chairperson Troy Johnson reports. Wallace, a their new website.” The address of the website is be sent to Muscular Dystrophy Association, 600 UTU International organizer, also serves as local www.utulocal845.yolasite.com. Reed Rd., Suite 104, Broomall, PA 19008. chairperson and delegate of Local 11 at Houston.

www.utu.org / www.utuia.org December 2010/January 2011 UTU News Page 3 FRA moving to require rail-crew respirators WASHINGTON – Railroads will be required final publication of the rule, and smaller railroads roads issuing them to train and engine service by the Federal Railroad Administration to pro - would be required to comply within 30 months. workers. The UTU said train and engine crews vide respirators for train- and engine-service The UTU, in commenting to the FRA on the already carry a lot of equipment, and a permanent workers hauling hazardous materials. proposed rule, urged that the respirators be per - mounting would ensure availability of the respira - The Rail Safety Improvement Act mandated manently mounted in the cab rather than rail - tors in the event of a hazmat release. that the FRA impose such a requirement through a rulemaking, which is in its final stages toward implementation. First Student drivers say ‘YES’ to UTU However, the effective date could still be two RIVERSIDE, Calif. – School years away under a draft FRA proposal that is in good system they had under bus operators employed by First the process of being finalized. the UTU and voted to rejoin Student here have voted to the UTU by a vote of 56 to Inhalation injuries have caused two crew return to the UTU after a year 36,” Morr said. deaths and more than 660 injuries over the past of being represented by another decade, the FRA said. Following the vote to organization. return to the UTU, Morr The FRA proposes that the respirators be Bonnie Morr and John Eng- praised “the organizing ener - capable of protecting train and engine workers land, both UTU alternate vice gy and determination” dis - for at least 15 minutes following a release of haz - presidents, responded when played by First Student opera - ardous materials, giving them time to escape the many of the 116 First Student tors Roman Lara , Felita cab and move to safety. bus operators in Riverside indi- Moore and Chris Hubbell – The FRA proposes that Class I railroads com - cated a wish to restore UTU all previous officers of Local ply with the requirement within two years of representation. 1496 when the UTU held “The workers at this property realized what a representation one year ago. FRA specialist Alert commuter crew saves life STOUGHTON, Mass. – An “He wasn’t coherent,” alert and ever vigilant Massachu - Gibbs told the Boston Herald . wins DOT honor setts Bay Commuter Railroad “He told me he wanted to rest. An FRA safety specialist has been honored crew – that recognized the differ - I said, ‘This isn’t the place to d ence between a bag of clothes l do it.’” a r

with an Excellence Award by the U.S. Depart - e H between the tracks and a human n “We’re trained to do this,” o

ment of Transportation for what Transportation t s

being – saved a life in this Boston o

B said Gibbs, age 54 and with

Secretary Ray LaHood called “his role in uncov - : t i

suburb Dec. 9. d e 17 years of service as a con - r ering the widespread failure of a Class I railroad c

o t

The MBCR crew, with engineer o ductor. “It’s good to know to maintain their fleet of equipment up to the h federal standards.” Chris Holm at the throttle and P John Gibbs (left) and Chris Holm when it happens you can snap right to it.” Honored was FRA Motive Power & Equip - conductor John Gibbs (Local 898, ment Specialist Timothy McQuaid, of FRA’s Boston) in charge, brought the six-car train to a An MBCR spokesperson told the Herald , “It’s Region 4 office in Chicago. The railroad was halt after the locomotive’s headlight pierced the hardworking, quick-thinking men like Chris CN, and the violations McQuaid document - dark and illuminated what turned out to be an Holm and John Gibbs that show what an excel - ed occurred within Region 4, which includes intoxicated man who had stumbled onto the lent job the men and women on the commuter Illinois, Indiana, Michigan, Minnesota and tracks. rail do every day.” Wisconsin. “Because of McQuaid’s efforts,” LaHood said, “the railroad committed to upgrading their Iowa Northern members ratify pact inspection and oversight processes, improving UTU-represented conductors and engineers on “We will continue to look for railroad and oth - safety on our nation’s freight corridors.” Iowa Northern Railway have ratified their first er unorganized transportation workers who want McQuaid’s award reads: agreement covering wages, ben - and need union representation,” Turner said. “We “[McQuaid] demonstrated efits and working conditions. are trying hard to bring parity in wages, work rules superior initiative, leadership, Iowa Northern T&E and benefits to the unorganized. and tenacious attention to employees chose the UTU as “Among gains workers obtain with UTU rep - duty in finding widespread their collective bargaining resentation include job security, a defined griev - failure of a Class I railroad to agent in November 2008. ance procedure and discipline rules, a work sched - conduct proper mechanical The agreement was negoti - ule that enhances their quality of life, and a inspections on their equip - ated with the assistance of defined set of benefits and work rules,” Turner McQuaid ment and locomotives. UTU Alternate Vice President said. “These are benefits workers cherish and they “Over the course of the past Turner Doyle Turner. won’t obtain them without joining a union.” year, Mr. McQuaid reviewed hundreds of reports Iowa Northern, headquartered in Cedar from his inspectors, studied the reports on Rapids, operates more than 160 miles of former mechanically caused accidents on the railroad, Rail workers: take Chicago, Rock Island & Pacific track. It also con - and conducted countless inspections across the nects with the Cedar Rapids & Iowa City Rail - region to determine, first hand, the widespread sleep, fatigue survey way, which is represented by the UTU. failure by the railroad to maintain their fleet of An educational website focusing on sleep, equipment up to federal standards. sleep disorders and fatigue management has been “He deployed his inspectors to the key termi - created in a collaborative effort among the UTU, Two treasurers’ nals, inspecting for the mechanical defects iden - the Brotherhood of Locomotive Engineers and workshops planned tified as the causes for the derailments…[and] Trainmen, the Federal Railroad Administration, sleep medicine experts at Harvard Medical The UTU International is conducting two discovered a consistent failure on the railroad’s treasurers’ workshops at its headquarters in part to correctly identify and repair these defects. School, and Boston Public Radio station WGBH, which is Public Broadcasting’s largest producer of North Olmsted, Ohio, March 7-8 and March “He personally conducted scores of inspections educational web and television content. 9-10. Attendance at each workshop will be and interviews with employees to ascertain the limited to 24 registrants. Input from UTU railroad members, nation - level of managerial culpability…thoroughly doc - wide, is essential to the project. Those interested should contact the umenting his findings. office of the general secretary and treasur - UTU members are encouraged to complete an er to register. Call (216) 228-9400, or e-mail “During a joint FRA/railroad senior manage - anonymous, online survey that should take no Executive Assistant Nancy Miller at ment meeting, the railroad acknowledged the more than 15 minutes to complete. [email protected]. seriousness of their shortcomings, identified the To respond to the questions and complete the The deadline to register is Feb. 28. need for improved training standards, focus on survey, go to the following website: UTU corporate room rates of $78 per safety rather than performance, and began track - www.zoomerang.com/Survey/WEB22BBLH - night, plus tax, are available at the Radis - ing all mechanical inspections performed by their SEXZA personnel. son Hotel Cleveland Airport, 25070 Country Additional information on the project and its Club Blvd., North Olmsted, adjacent to the “In addition, the railroad has committed to website – “Sleep Health for Railroaders” – is UTU. Make reservations at (440) 734-5060. upgrading their inspection and oversight process - available by going to the following website: Mention “UTU” when making reservations. es,” the FRA said. http://sleep.med.harvard.edu/ext/railroaders/ www.utu.org / www.utuia.org Page 4 December 2010/January 2011 UTU News Negotiations are progressing e continue to make between yard assignments and at progress in negotiations to away-from-home terminals. Wamend the national rail IInntteerrnnaattiioonnaall Of importance to our bus and agreement, affecting some 40,000 transit members, we are working col - UTU members employed by BNSF, PPrreessiiddeenntt’’ss lectively with other labor organiza - CSX, Kansas City Southern, Nor - tions to improve – through regula - folk Southern, Union Pacific and CCoolluummnn tion and legislation – workplace safe - many smaller railroads represented By Mike Futhey, International President ty and quality of life. by the National Carriers’ Confer - (216) 228-9400; [email protected] For our highly trained and skilled ence Committee (NCCC). airline members, we are working to The national rail contract was solve some of the unimaginable opened for amendment in January round had stretched aimlessly into We are utilizing a health care con - workplace conditions they endure. 2010. The existing agreement their third year. Within 30 days, our sulting firm to produce hard data on We represent pilots and flight atten - remains in force until amendments new negotiating team reached an health care costs, and to assist both dants who can’t afford basic dental are concluded under provisions of agreement with the NCCC that was sides in exploring innovative solu - care and who qualify for food stamps. the Railway Labor Act. overwhelmingly ratified by our tions to slow the upward spiral of Education of members is a high We have held eight formal nego - membership. health care costs. priority. We are beefing up the edu - tiating sessions with the NCCC. A Again, this round, our negotiat - It is not good enough to say we cational offerings – air, bus and rail – simply want something, because at regional meetings, and building that list is endless. As our negotiat - on initiatives of several of our pro - Win/win agreement ing team did in January 2008, we are gressive rail locals to provide educa - achievable in 2011 utilizing interest-based bargaining – tional seminars at away-from-home joint problem solving whereby each terminals. side understands the needs of the ing team is relying on rock-solid Education includes communica - ninth is scheduled in January. Our other. objective is to reach a voluntary ten - research to counter carrier argu - tion, and within a few months we tative agreement that recognizes the ments that the recession requires In a collaborative atmosphere, we will launch a redesigned, expanded many and significant contributions employee give-backs. We have are negotiating toward a win/win and easier to navigate website at our members have made to soaring developed financial and economic agreement, which requires that both www.utu.org. railroad profitability. data on carrier profits and worker sides attempt solutions not antici - Cost control at the UTU Interna - productivity to justify our contract pated by either side individually, but tional – and within the UTUIA – is When I took office in January achievable jointly through com - 2008, negotiations in the previous demands. of great importance, and is being monality of interests. pursued through more efficient and

Airline, bus, railroad member education a top priority

[email protected] There are other issues high on our responsive delivery of services to our Mike Futhey, International President 2011 agenda: members and policyholders. [email protected] We are placing increased empha - I pledge that we will continue to Arty Martin, Assistant President sis on improving workplace safety represent our members with hon - [email protected] and security by expanding the role esty, ferocity, courage, resiliency and Kim Thompson, General Secretary and Treasurer of the Rail Safety Task Force. This [email protected] adaptability. includes working jointly with the James Stem, National Legislative Director The UTU will be recognized uni - [email protected] carriers to refine and improve provi - sions of the Rail Safety Improve - versally as representing hardworking Contact the UTU: ment Act, as requested by UTU men and women who deliver, with Phone (216) 228-9400; fax (216) 228-5755 members who participated in the integrity and dedication, essential transportation services to the Amer - For the latest news, visit www.utu.org; also, sign up task force’s exhaustive safety survey on the UTU website to receive news alerts via e-mail. on workplace concerns. Objectives ican economy, which remains the include the matter of time-off – envy of the world. We will keep pressing to improve, protect anuary brings a new session of require yardmaster assignments to Congress and the start of state be covered by hours-of-service Jlegislative sessions across the Officers’ Column provisions; require advance notice country. Our UTU legislative team Officers’ Column of interim release periods; and, a in Washington and our state leg - By National Legislative Director limitation on limbo time to a max - islative directors will be on guard James Stem imum of two hours for each tour of protecting the interests of our duty. members. (202) 543-7714; [email protected] While the UTU has many Two old UTU friends are in friends on both sides of the aisle, we charge of key transportation com - expect very few major policy issues mittees in the House and Senate. America has become too depend - eral Aviation Administration to to pass Congress the next two years Rep. John Mica (R-Fla.) now chairs ent on foreign oil and expanded include new safety provisions. given the divided government the House Transportation & Infra - railroad and public transit service (Republicans in charge of the structure Committee; and Sen. Jay •Work to pass improvements to can help reduce that dependency House; Democrats controlling the the Railroad Safety Improvement Senate). and provide not just jobs, but Act of 2008. Our members know 'No' to Social Security, excellent careers. Railroad Retirement •Growing funding for transit. While demand is growing, many We will seek improvements privatization transit systems have buses and com - muter rail cars stored because of a in hours-of-service laws Rockefeller (D-W. Va.) continues as shortage of operating funds. We will chairman of the Senate Commerce work to secure more flexible funding the solution to fatigue: “Just tell me While that may be disappoint - Committee. so service can be maintained and when I must report for work and I ing, we also expect there to be expanded. Among UTU legislative priori - will show up rested.” less opportunity for bad things to ties: •Work to prevent the weaken - Among improvements sought happen. •Growing passenger and ing or privatization of Social Secu - will be: A 10-hour call for all unas - freight rail transportation , rity and Railroad Retirement . signed road service; a provision to That said, we will keep pressing on including Amtrak, public transit •Work with our aviation part - allow regular yard jobs only eight and do our very best to protect the and commuter airline service. ners for reauthorization of the Fed - hours off-duty between shifts; interest of our members. www.utu.org / www.utuia.org December 2010/January 2011 UTU News Page 5 State Watch News from UTU State Legislative Boards “The Minnesota legislative board will contin - Wyoming ue to work with the Republican leadership as we Thanks to Local 1857 (Green River) and the have in the past. Where we can work together to UTU state legislative board, children in Green improve railroad safety, security, and service, River were visited by Santa Claus. UTU will be the leader at the table,” Qualy said. r a t

Wyoming State Rep. Stan Blake , who is also S

r

e Virginia v state legislative director, said he attended a i R

n Margaret Fiala , who retired from CSX in e e

Green River budget meeting and heard that r

G November after 32 years of service, wasn’t the

e

there would not be enough money for Santa to h T first female among the ranks of trainmen, but old y s e

visit the town’s children. t r heads at CSX recall she was the first woman who u o c

Although the event – “Santa’s Arrival” – o considered train service a career. t o h only cost $1,500, the money was simply not in P When she hired on with CSX predecessor the town’s budget. From left to right are Local 1857 Chairperson Seaboard Coast Line in 1978, a Blake said he just thought that would be ter - Diana Archuleta and President Kim Collier, caboose was attached to every rible. “We need to keep Santa’s Arrival for the Blake, Janet Hartford and Bonnie Bigolin from train, there were dozens of kids,” he said. the Green River Chamber of Commerce. Class I railroads operating in Blake approached Local 1857 to see if they America, and the remote con - trol foreman job she worked in could cover the event’s cost. After the meeting The railroad union members just wanted to her final months wasn’t even with them, the local Chamber of Commerce ensure the Green River children had the contemplated. received $750 from Local 1857 and $750 from chance to see Santa Claus and have a memo - Fiala, the wife of Local 924 the state board. rable holiday, Blake said. Fiala (Richmond, Va.) Chairperson Jimmy Chapman , is said to have designed and Minnesota championed the 10/3 work-rest cycle, which orig - State Legislative Director Phil Qualy reports inated between Richmond and Rocky Mount, mixed, but optimistic, results from the 2010 gen - N.C. – an innovation that reduced absenteeism eral election. and led to the current 6/2 pool operation on CSX. Former U.S. Sen. Mark Dayton has been As Local 924 legislative representative, she elected governor, becoming the first governor to was a 24/7 advocate of workplace safety, and nev - serve from the Democratic Farm Labor Party er had a formal investigation over her career. (DFL) in 24 years, Qualy said. In later years, Fiala was elected assistant Vir - Minnesotans elected Republicans to lead both ginia state legislative director. the state Senate and House of Representatives “There are unique individuals who enter peo - for the first time in more than three decades. ple’s lives and make us better human beings for The House transportation chairperson is former Shown, from left to right, are L-1000 (Minneapolis) having known them,” said CSX General Chair - UTU member Mike Beard (R-Shakopee), who Legislative Rep. Wayne Newton; Gov. Mark Day - person John Hancock (GO 851) of Fiala. “She worked as a brakeman on the Chicago & North ton; Qualy and Local 911 (Minneapolis) Legislative was an innovator. She will be missed and we wish Western Railway from 1978 to 1984. Rep. Jack Wrich. her a joyous retirement.”

UTU school-bus driver A message to UTU Bus Department members avoids fatal crash from Alternate Vice President-Bus Calvin Studivant BUFFALO, N.Y. – UTU member and Buffalo school [email protected] bus driver Yolanda Luciano (Local 1908, Buffalo, N.Y.) is being hailed as a hero – likely saving the lives of one or more of the eight elementary school students aboard When Parks refused to back down, her First Student bus by engaging in a split-second emer - gency defensive driving maneuver on all Americans were raised higher a snowy street the afternoon of Dec. 8. December marked 55 years since Rosa Parks refused to give up her seat on a Montgomery, The automobile, its driver allegedly Ala., bus – “an act that challenged the moral conscience of an entire nation,” said President fleeing police – and perhaps traveling Obama in honoring her legacy. 100 mph before the crash, according Most historians date the beginning of the modern civil rights movement in the United to Buffalo television news reports – States to Rosa Parks’ act of courage on Dec. 1, 1955. appeared in Luciano’s windshield, The Montgomery bus boycott lasted 382 days and brought Parks to the coming directly at her bus. Luciano attention of the world. The Supreme Court subsequently struck down the Luciano abruptly steered the bus Montgomery ordinance under which Parks had been fined, and outlawed from a direct head-on impact with the blue Chevrolet racial segregation on public transportation. Impala, but it was still a head-on crash. President Obama said the Montgomery bus boycott “marked a turning “Everything went up in smoke and flames, just horri - point in American history…and the eventual outlawing of racial segrega - ble,” an eyewitness told WGRZ television news. Luciano tion and discrimination.” helped evacuate the children from the bus. Continued President Obama, “Rosa Parks and the many other leaders and Studivant “She really handled the situation well,” said General foot soldiers in that struggle for justice championed our Chairperson Dale McClain . “She saved lives.” founding principles of freedom and equality for all. As we commemorate the Only one student – a six-year-old – was injured seri - anniversary of the Montgomery bus boycott, I encourage all Americans to honor their legacy – the legacy of Americans who marched bravely, worked ously enough to be taken to the hospital with non life- tirelessly, and devoted their lives to the never-ending task of making our threatening injuries. The driver of the auto also was hos - country a more perfect union.” pitalized with unspecified injuries. In 1996, President Clinton presented Parks with the Presidential Medal of Local 1908 represents some 600 First Student drivers Freedom. She received a Congressional Gold Medal in 1999. and mechanics in Buffalo. Parks After her death in 2005, at age 92, Parks’ casket was placed in the rotun - da of the United States Capitol for two days – making her the only woman and second African-American in American history to lie in state at the Capitol. Send us your photos And congratulations to the brothers and sisters of Local 23 in Santa Cruz, Calif., who, under The UTU International is seeking good the leadership of Sister Sharon Hightower Toline , helped to organize a historical presentation railroad, bus and airline photos. of Rosa Parks and her legacy. On Dec. 1, the transit district reserved the front seat on buses as High-resolution digital photographs should be a dedication. e-mailed to “[email protected]”. Printed photo - On another note, I am happy to report that Southeastern Pennsylvania Transportation graphs should be mailed to UTU News, 24950 Authority employee Rhonda Taylor (Local 1594, Upper Darby, Pa.) had her termination case Country Club Blvd., Suite 340, North Olmsted, overturned in arbitration. Sister Taylor, out of work since February 2010, was reinstated with full OH 44070. Please include the UTU member’s back pay, minus 30 days for suspension, and the discipline will be expunged from her record. Gen - name and UTU local number, the name(s) of the eral Chairperson Waverly Harris , Vice General Chairperson Brian Caldwell , and members Cur - person or persons in the photo (left to right) and tis Fulmore and David Stinsman presented the case. I was honored to have provided assistance. any other pertinent information. All photographs become property of the UTU. www.utu.org / www.utuia.org Page 6 December 2010/January 2011 UTU News December 2010/January 2011 UTU News Page 7

See you at the 2011 regional meetingS ! utu r egioNAl MeetiNg The 2011 UTU/UTUIA regional meetings have been designed to provide a grand sense of fra - Club Blvd., Suite 340, North Olmsted, OH 44070-5333, prior to the scheduled start of the regiStrAtioN ForM ternalism, lots of worthwhile education and tons of fun for the whole family. meetings or the registrant will be charged an on-site registration fee of $200. Registering before the regional meetings speeds sign-in procedures, helps organizers plan more accurately, As before, each regional meeting will run for 2 1/2 days, ending early on the afternoon of the and saves on meeting costs. each person attending the regional meeting, including family members and The pre-registration fee for the 2011 regional meetings is $150 per member, spouse or child guests, mUSt be registered in order to attend any event. Please note that these meetings last 2 1/2 third day. The evening of the first day has been left unscheduled so you, your family and friends over age 11, the same fee charged the last five years. Additional fees apply for the golf outings. days and conclude on the afternoon of the third day. Registration fees are $150 per person; children 11 will be free to explore and enjoy the many offerings of the regional meeting cities. You must make your own room reservations, and certain deadlines apply. years of age and under are complimentary. On-site registration is $200 per person. All fees must be paid in UtU meeting registration and hotel reservations can be made online by visiting U.S. funds. Canadian funds will be returned, possibly delaying your registration. If you have questions, consult The $150 registration fee covers all workshop materials; a welcoming reception the your bank. Registration forms with payment must be received at the UTU International by June 6 for the San www.utu.org and clicking on the “meetings” tile in the blue menu bar at the left-hand side Antonio meeting or June 20 for the New York meeting for the member/spouse to be considered pre-registered. of the UtU homepage. night before the meeting; three lunches and one evening meal. Those wishing to attend Ì Ì All those attending the regional meetings must be registered in order to attend any planned only the workshops do not need to pay the registration fee. No one-day registrations are which regional meeting will you be attending? San Antonio New York social function. Children ages 11 and under who are pre-registered are complimentary. The reg - offered. Arrival date: Departure date: istration form is printed on the right. You may cancel your regional meeting registration by June 6 for the San Antonio meeting or Transportation type: Ì Automobile Ì Air Ì Other A completed registration form listing each attendee, regardless of age, and complete pay - June 20 for the New York meeting without penalty. Please fax any changes or cancellations Member registration ment in U.S. funds must be received at the UTU International Headquarters, 24950 Country immediately to the UTU International Headquarters at (216) 228-5755. Name Local Title (if any)

Home address San Antonio, June 20-22 New York CitY , J ulY 4-6 City/State/ZIP Phone number ( ) Email Hilton PalaCio del rio Grand Hyatt new york Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals 200 S. a lamo St. 109 e. 42 nd St. at Grand Central terminal Day 3 Ì Lunch Ì No meal San antonio , tX 78205 new york , ny 10017 Spouse registration Ì San Antonio Ì New York Spouse name Title (if any) www.hilton.com www.grandnewyork.hyatt.com Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Hotel reservations: (800) HILTONS toll free; (210) 222-1400 direct; (210) 270-0761 fax Hotel reservations: (800) 233-1234 toll free; (212) 883-1234 direct; (212) 697-3772 fax Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Day 3 Ì Lunch Ì No meal Reservation code: UTU Reservation code: UTU Spouse/guest tour: Ì Sunday or Ì Monday ($35 per registered spouse, $75 per unregistered spouse in Daily room rate: $139 single/double, plus tax; $20 for each additional person; rates good for Daily room rate: $159 single/double, $184 triple, $209 quad, $259 Regency Club, plus San Antonio; $50 per registered spouse, $90 per unregistered spouse in New York) three days before and after the meeting, depending upon availability. tax. These room rates are only available Saturday, July 2, through Wednesday, July 6, or Child registration Ì San Antonio Ì New York Reservation deadline: May 18, or until all rooms being held for the UTU are reserved until all rooms held for the UTU are reserved. Parking: $35.50 per day valet; $22 per day self park Reservation deadline: June 9, or until all rooms being held for UTU are reserved. Child name Age Golf outing: The regional meeting golf outing will be held Sunday, June 19, at a course to Parking: Valet parking only: $47/six hours; $58/24 hours; limited self parking off site Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Ì Ì Ì Ì be determined. The cost is $80 per golfer, which includes golf, lunch and more. Golf outing: There will be no golf outing at this regional meeting . Day 2 Lunch Dinner Both No meals Day 3 Ì Lunch Ì No meal Overflow hotel: Overflow hotel: Child name Age Menger Hotel Roosevelt Hotel Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Ì Ì Ì Ì 204 Alamo Plaza 45 East 45th St. Day 2 Lunch Dinner Both No meals Day 3 Ì Lunch Ì No meal San Antonio, TX 78205 New York, NY 10017 (800) 345-9285; mention “UTU” (888) 883-3969; mention “UTU” Child name Age $119 single/double $199 single/double; $239 triple; $279 quad Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Ì Ì Ì Ì Cut-off date: May 18 (Rates good three days before/after meeting) Day 2 Lunch Dinner Both No meals Day 3 Ì Lunch Ì No meal Parking: $25/day or $6-$18 a day off site Cut-off date: June 11 Parking: $55 valet or self park Child name Age 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 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

guest registration Ì San Antonio Ì New York Guest name Relationship to member

Home address

City/State/ZIP Meals: Day 1 Ì Lunch Ì No meal Any dietary restrictions? Day 2 Ì Lunch Ì Dinner Ì Both Ì No meals Clockwise, from lower left: the Statue Day 3 Ì Lunch Ì No meal Clockwise from above: the Alamo; the Spouse/guest tour: Ì Sunday or Ì Monday ($35 per registered spouse, $75 per unregistered spouse in of Liberty; Times Square; the Manhat - San Antonio; $50 per registered guest, $90 per unregistered guest in New York) Riverwalk; Market Square tan skyline. Special needs? (Circle appropriate responses): Registrant / spouse / child / guest is: hearing impaired / visually impaired / in wheelchair / other: golf registration Ì San Antonio TWO SPOUSE TOURS SET UTU ARRANGES DISCOUNT AIRFARES , CAR RENTALS Name Handicap Name Handicap The UTU is arranging two different tours of local Continental Airlines is offering discounts of 2 percent to 10 percent off published fares to UTU members Name Handicap Name Handicap attractions at both regional meetings. They will be and others attending the San Antonio and New York regional meetings. To receive the discount, call your (Golf fees are $80 per golfer; include in total payment. Please provide names of others if foursome.) held the day before, as well as the first day of, both travel agent or Continental Airlines MeetingWorks at (800) 468-7022 and provide the Z Code ZJU3 and Payment options regional meetings. Agreement Code 535314 . There will be $20 service fee collected, per ticket, for all tickets issued through Check/money order enclosed (U.S. funds only) $ In San Antonio, there will be a cultural tour on Sunday MeetingWorks reservations or any Continental Airlines ticketing facility. The service fee is non-refundable Credit card Ì VISA Ì MasterCard and a mission tour on Monday. In New York, there will and applies to all itineraries, one-way or roundtrip. To avoid a service fee and receive an additional 3 per - Card number Exp. date Total charged $ be a city tour on Sunday and a Statue of Liberty/Ellis cent discount, book your reservations online at www.continental.com. Enter both the UTU’s Z Code and Signature Island tour on Monday. (Details at www.utu.org.) Agreement Code, with no space ( ZJU3535314) , in the Offer Code box. The additional 3 percent discount This form and payment of $150 per person over the age of 11, plus golf registration fees of $80 per golfer (if Note that tour fees are $35 for registered attendees, applies to published fares only. applicable) and spouse/guest tour fees (if applicable), must be received at the UTU International, 24950 Coun - try Club Blvd., Suite 340, North Olmsted, OH 44070-5333, by June 6 for the San Antonio meeting or June 20 $75 for non-registered attendees in San Antonio, and The UTU also has arranged with Avis Rent-a-Car to offer discounted rates to UTU members attending the for the New York meeting for the member/spouse to be considered pre-registered. Make checks or money orders payable in U.S. funds to “UTU Regional Meeting.” Those who do not pre-register for the regional meet - $50 for registered attendees, $90 for non-registered 2011 regional meetings. To reserve a car, contact Avis at (800) 331-1600 and use the UTU’s Avis Worldwide ing but choose to register at the meeting site will be charged a $50 penalty fee. Space on the tours is limited; attendees in New York. Discount (AWD) number: D150699 . Or reserve online at www. avis.com. reservations are first-come, first-served.

www.utu.org / www.utuia.org www.utu.org / www.utuia.org Page 8 December 2010/January 2011 UTU News UTU ni um Al UUTTUU AAlluummnnii AAssssoocciiaattiioonn news, information for members of the UTU Alumni Association UTU offers Italy tour; Alaska, Caribbean cruises A survey of some 200 UTU Alumni Associa - Itinerary includes London/Southampton tion members by Landfall Travel, the union’s des - (departure port), St. Peter Port, Cobh, Dublin, ignated travel provider, reveals that the group is Liverpool, Belfast, Greenock, Invergordon, ready to get out and see the world. South Queensferry, Paris. Rates start at $2,240 In December, more than 30 Alumni Associa - per person for an inside cabin; air additional. tion members and their spouses enjoyed the hol - idays at the Opryland Hotel and Resort in Cruise of Hawaii, Oct. 15 – 22 Nashville, Tenn. In August a group of more than Princess This seven-day Hawaiian cruise aboard Norwe - 80 Alumni Association members toured Alaska. Cruise Lines’ gian Cruise Line’s “Pride of America” will take place Oct. 15 – 22. “Here are the trips we are offering UTU Alum - “Crown ni Association members and friends in 2011, based Princess” Itinerary includes Honolulu, Maui, Hilo, Kona on the survey results,” said Ann Huber of Landfall and Kauai. Rates start at $1,350 per person for an Travel. “What they requested…we supply.” inside cabin; air additional. Call Landfall toll free at (800) 835 9233; check Genuine Italy tour, May 16 – 25 out the Alumni Association page on www.land - Tour includes Venice, Cinque Terre, Florence, falltravel.com or e-mail [email protected] San Gimignano/Tuscany, Montalcino, Orvieto, for more information. Assisi, Rome. Rate: $3,185 per person; air addi - These tours are open to all UTU Alumni Associ - tional. ation members, family and friends; other UTU members are welcome to join them as space permits. Cruise to Alaska, July 28 – Aug. 7 “Without a travel agent, you’re on your own!” This Holland America Cruise Line cruise to Three-day weekend cruise, Aug.12 – 15 Huber said. Alaska, July 28 – Aug. 7, runs 11 days (four days Aboard the “Majesty of the Seas.” Itinerary land; seven days cruising). includes Cococay and Nassau, Bahamas. Rates Itinerary includes Denali National Park start at $450 per person for an inside cabin, plus Medicare Part B (McKinley Explorer Rail), Fairbanks, Anchor - air if applicable. age, Seward, Ketchikan, Juneau, Skagway, Gla - Seven-day Caribbean cruise, Aug. 13 – 20 premiums rise cier Bay National Park, and College Fjord Scenic The Centers for Medicare & Medicaid Servic - Aboard the “Oasis of the Seas.” Itinerary Cruising. Rates start at $2,190 per person for an es says that while the standard monthly Part B includes Nassau, Bahamas; St. Thomas, Virgin inside cabin; air additional. premium will rise to $115.40 in 2011, most Islands, and St. Maarten. Rates start at $1,375 per Medicare beneficiaries will not see an increase in person for an inside cabin; air additional. Post-convention cruises their monthly Part B premiums. UTU members and retirees can enjoy a Royal This is because of a hold-harmless provision in Caribbean Cruise Line cruise – either a three-day British Isles cruise Aug. 16 – 28 current law that will freeze Part B premiums at weekend cruise or seven-day Caribbean cruise – This Princess Cruise Line cruise of the British the amount paid in 2010. following the UTU Quadrennial Convention in Isles aboard the “Crown Princess,” a 12-day tour, Hollywood, Fla. takes place Aug. 16 – 28. It is those who newly enrolled in Medicare Part B during 2010 who will pay the new $115.40 monthly premium in 2011. Additionally, those who do not have their Part Lifetime benefit level increased in 2011 B premiums withheld from Railroad Retirement The Railroad Employees’ National Early the lifetime maximum, an additional $7,300 or Social Security payments, or those subject to Retirement Major Medical Plan (ERMA) pro - may be applied in 2011 to eligible expenses income-related additional premium amounts will vides for lifetime maximum benefits, which are where medical service is provided on or after pay a higher premium in 2011. adjusted annually according to a formula negoti - Jan. 1, 2011. The income-related additional premium ated in 2001 by labor organizations and carrier The lifetime maximum is calculated through a threshold is annual adjusted income of $85,000 management. formula that utilizes the October 2010 consumer for individuals and $170,000 for married couples. For 2011, the lifetime maximum benefits price index data – as calculated by the U.S. The Centers for Medicare & Medicaid Servic - payable will be $126,200, according to United Department of Labor’s Bureau of Labor Statis - es estimates that only about five percent of Healthcare, the plan’s administrator. tics – for hospital and related services and physi - Medicare beneficiaries with Part B will pay high - For individuals who already have reached cian services. er premiums in 2011.

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 2 Fairchild, George L. Taylor, Mich. 486 Fitterer, William P. Laurel, Mont. 1011 Martin Jr., John U. Albemarle, N.C. 5 Ferguson, John T. Kansas City, Mo. 495 Dickerman, Eugene A. Henderson, Colo. 1075 McMurtrie, Douglas Port Charlotte, Fla. 60 Dame, Sidney L. Gorham, Maine 525 Ernst, Melvin A. Bismarck, N.D. 1137 Mertens, Roy L. Staples, Minn. 145 Watkins, Thomas E. Dublin, Ohio 590 Frommelt, W.A. LaCrosse, Wis. 1168 Kilmer, Leland M. Florence, Ariz. 199 Everman, Barton E. Creston, Iowa 622 Luther, Vermon L. Gardendale, Ala. 1200 Krentz, William E. Hamburg, N.Y. 202 Erickson Jr., Arvid E. Denver, Colo. 622 McPheeters, Frank T. Lenoir City, Tenn. 1313 Long, Jerry F. Lubbock, Texas 204 Ferraro, Sam F. Pueblo, Colo. 631 Phillips Sr., Francis E. Fairfield, Pa. 1334 Rainey, Charles L. Mendenhall, Miss. 265 Moore, Charles R. Chattaroy, Wash. 631 Stavinoha, Eugene F. Towson, Md. 1390 Nemeth, John C. Somerset, N.J. 277 Blais, Henry J. Thomaston, Conn. 730 Meadors, Allen V. Great Falls, Mont. 1390 Turner, Eugene T. Lake City, Fla. 286 Vohland, James H. Grand Island, Neb. 756 Gambrel, Robert H. Corpus Christi, Texas 1413 Chomyn, Henry A. Elizabethport, N.J. 298 Fineran, John J. Lockport, Ill. 771 Pratt, Roland C. Needles, Calif. 1433 Toler, James R. Seminole, Fla. 303 Hackler, Paul W. Marshfield, Mo. 792 Hocker, William A. Winter Haven, Fla. 1545 Smith Sr., Earl S. Ferriday, La. 309 Fabbri, Ralph C. Ashville, Pa. 832 Erkkila, Rudolph Superior, Wis. 1563 Donaldson, Robert Rancho Cucamonga, Calif. 313 Frazee, Edwin J. Savannah, Ga. 853 Earl, Russell G. Amory, Miss. 1597 Finlon, Donald R. Skokie, Ill. 320 Fenske, Kenneth R. Winter Haven, Fla. 855 Domrese, Lyle M. Spokane Valley, Wash. 1598 Waddell, Jimmy L. Woodbury, Ga. 367 Dimmitt, Rex L. Okeechobee, Fla. 886 Morrison, Cornelius E. Munising, Mich. 1780 Bouyear, Norman E. Independence, Mo. 376 Johnson, Houston Mount Washington, Ky. 886 Versailles, Francis J. Mesa, Ariz. 1929 Mohlman, Albert E. Belleville, Ill. 378 Paden, Harold R. Citrus Springs, Fla. 924 Soper, George E. Tappahannock, Va. 1949 Petrocelli, Anthony D. Old Bridge, N.J. 477 Oursler, Raymond E. Marion, Kan. 1000 Jernberg, Charles M. St. Cloud, Minn. www.utu.org / www.utuia.org December 2010/January 2011 UTU News Page 9

UTUIA offers protection against accidental death and dismemberment UTUIA policy now offers guaranteed approval for active transportation employees! UTUIA’s accidental death and dismemberment policy includes all the following benefits for a reasonable premium: •$180,000 for death caused by commom carrier •$90,000 for death caused by automobile •$60,000 for accidental death •$30,000 for dismemberment •Intensive care confinement benefits of: •$600 per day •$60 per day for family lodging •$30 per day for family meals •Up to $1,800 for air ambulance •Up to $300 for surface ambulance •Optional rider for spouse/children Information, please This policy provides benefits for acci - I would like more information on the Accidental Death and Dismemberment plan. dents and not sickness. Please print Some benefits provided to the policy owner are greater than those provided Full name Date of birth UTU local number under the optional family rider.

Some benefits may vary by the poli - Address City State ZIP cyholder’s state of residence. Sex Male KKFemale For more information, complete and Telephone number with area code mail the coupon at right or call the UTUIA, toll-free, at (800) 558-8842 . Complete and mail to: UTUIA, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333 01/11

UTUIA seeks 2011 volunteer of the year The United Transportation Union Insurance If so, the UTUIA would like to know about it. Additionally, he or she will be honored at the Association is looking for a special person to A panel of judges at the UTU International 2011 UTU/UTUIA regional meeting nearest honor as its 2011 volunteer of the year. will review all submissions and select the 2011 his or her home, with all expenses paid by the Do you regularly volunteer at a hospital or volunteer of the year. UTUIA. nursing home? Do you lead a Boy Scout or Girl The individual selected as UTUIA volun - Also, 20 runners up will be selected to receive Scout troop or work with the handicapped? Are teer of the year will receive a $1,000 U.S. Sav - certificates of appreciation for their volunteer you involved in some other activity that benefits ings Bond and a plaque of appreciation from efforts. those in your community? the UTUIA. Nominations must be received or postmarked by March 31. The winning individual will be notified by reg - UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION istered mail, and certificates of appreciation will 2011 Volunteer of the Year Nomination Form be forwarded to runners up as soon as possible. The decision of UTUIA judges is final. Previ - ous nominees may be nominated again; however, Name Local former volunteers of the year are ineligible to receive awards. The volunteer of the year program is an oppor - Address tunity for the men and women of the UTUIA to let their fraternal lights shine. It also provides an opportunity for the UTUIA City State ZIP to recognize its volunteers for their outstanding contributions to others.

Telephone number Dates of volunteer activities Nomination forms should be mailed to: UTU - IA Volunteer of the Year, Attn.: Tony Martella, K K $ Director of Insurance, 24950 Country Club Total volunteer time (hours, minutes) Weekly Monthly Value of contribution (if applicable) Blvd., Suite 340, North Olmsted, OH 44070- 5333. Please attach a separate sheet of paper describing volunteer activities. The more documentation you can provide, the better. 1/11 Do not forget to include a separate sheet of paper describing the applicant’s volunteer UTUIA, 24950 C OUNTRY CLUB BLVD ., S UITE 340, N ORTH OLMSTED , OH 44070-5333 activities.

www.utu.org / www.utuia.org Page 10 December 2010/January 2011 UTU News COLA to be paid; Tier I taxes drop Certification A cost-of-living adjustment was made Jan. 1 to became $202.90 monthly for operating craft Continued from page 1 UTU-member wages governed by the national employees, and $202.71 for yardmasters. •Conductors who must be certified are defined rail contract. The difference is due to the straight-time as “the crewmember in charge of a train or yard The amount of the COLA, based on a formu - equivalent-hours component in the national rail crew.” la contained in the national rail contract, is three contract formula that determines health-care •Trains are defined as freight and passenger cents per hour. insurance cost sharing. trains on railroads that connect to the national The COLA reflects a low rate of consumer Social Security taxes – and Tier I Railroad rail network. inflation. Retirement taxes – will be cut by two percentage •Conductor certification does not cover assis - tant conductors, brakemen, yard helpers, switch - By contrast, Railroad Retirement and Social points for employees for the entirety of 2011. men, utility men, switch tenders, flagmen or oth - Security benefits will be frozen at the 2010 level For Tier I, carriers and employees each will pay ers not in charge of a crew. in 2011 owing to the low rate of consumer infla - 6.20 percent on a maximum of $106,800 of tion as calculated by the U.S. Labor Depart - wages. ment’s Bureau of Labor Statistics. For Medicare, carriers and employees each will Current conductors to be The national rail contract also provides that pay 1.45 percent on all wages. grandfathered health care insurance cost sharing will increase For Tier II, carriers will pay 12.1 percent and slightly in 2011. employees 3.9 percent on a maximum of $79,200 •Railroads must implement a formal process – Effective Jan. 1, the employee contribution of wages. to be approved by the FRA – for training con - ductors and determining they are competent. •To be qualified for certification, a conductor must successfully complete all instruction, train - Foundation offers aid to rail daughters ing and examination programs required by the The John Edgar Thomson Foundation offers the “active role” of the railroad, may have been carrier. Conductors must also meet minimum fed - financial assistance to daughters of deceased rail - receiving disability or sick-leave benefits. eral safety standards, including minimum hearing road parents. Eligibility is dependent upon the and vision standards. The foundation, established in 1882 daughter and surviving parent remain - •Passenger train conductors must have and endowed by the will of Thomson, ing unmarried. received emergency preparedness training to be the third president of the Pennsylva - The monthly allowance made certified. nia Railroad, is accepting applica - under the grant may cover the peri - •Current conductors will automatically be cer - tions for aid. od from infancy to age 18; under tified (grandfathered). Thomson (Feb. 10, 1808 – May certain circumstances to age 22 to 27, 1874) was an American civil •Conductors may be decertified for between assist grantees who are pursuing 30 days and three years, depending on the num - engineer, railroad executive and higher education goals. industrialist. He was president of the ber of violations. from 1852 to The foundation also offers special •Decertification may occur for violations 1874 and oversaw the railroad’s con - health-care benefits. stemming from operation of their personal motor version from wood to coal. For further information contact vehicles, such as impaired driving. The deceased parent must have been in Sheila Cohen, Thomson Foundation, 201 •Decertification may also take place when the active employ of any railroad in the United S. 18th St., Suite 318, , PA 19103. FRA safety regulations are violated (such as fail - States at the time of death; the cause of death Phone (215) 545-6083 or (800) 888-1278 toll ing to take appropriate action to ensure a loco - need not be work related and the parent, while on free. E-mail: [email protected]. motive engineer adheres to train speed limits and signals and signposts, or fails to perform or have knowledge that a required brake test was TU International workers retire performed). Two veteran U •Decertified engineers will not be allowed to Two veteran UTU Interna- 1980 as a utility clerk in the work as a certified conductor while decertified, tional employees – Barb Hann Updating Department. She also nor will decertified conductors be allowed to and Bonnie Stoffer – have worked in data entry, and as a work as certified engineers. An exception is that “pulled the pin.” billing auditor. a conductor, decertified for violating a 49 CFR Hann, who retired Nov. 30, The widow of former UTU Part 218 safety regulation, will be able to work as was hired in 1989 in the Updat- International employee Bill a certified engineer. Stoffer, Bonnie has one son and ing Department and worked as a •If the railroad permits, a decertified engi - one grandson. You could always membership records clerk; claim Hann Stoffer neer or decertified conductor may work, for tell where Bonnie’s desk was: it example, as a brakeman, a passenger train adjuster; insurance representa- was always decorated for every tive; annuity representative and billing auditor. assistant conductor, or in another non-certi - holiday. fied position. Hann is married to Dennis and has three chil- ional President Mike Futhey UTU Internat •If the railroad permits, decertification time dren and two grandchildren. praised Hann and Stoffer as “hard workers dedi- may be used for retraining. Stoffer, who retired Dec. 31, was hired in cated to serving the UTU membership.” Certification makes conductors Discipline Income Protection Program: It Pays! professional, more indispensa ble •All crews are required to have a certified what is the discipline Income Protection Program? This program pays you a conductor assigned. The NPRM is crew con - specific amount over a length of time if you are suspended, dismissed or removed sist neutral, but provides that a lone engineer from service by the carrier for alleged violation of rules or operating procedures, pro - must be certified as both an engineer and a vided that such violations are not on the list of exceptions not covered. conductor, or be accompanied by a certified conductor. what benefits are paid? You choose the level of •The process for appealing decertification benefits paid, from $6 to $200 per day, all at can be extremely lengthy, and require an attor - low monthly assessments. The term of ben - ney-at-law. Mann cites a decertification he is efits, from 250 to 365 days, depends on challenging – involving an engineer – that has how long you have been enrolled in the now dragged into its fifth year. Mann said program. streamlining the appeals process, before the who sponsors the program? The United final rule goes into effect, will be among the top Transportation Union International sponsors the priorities of the UTU. Discipline Income Protection Program. Although conductor certification carries the risk of decertification, the UTU RSAC Conduc - who is eligible for coverage? UTU members in the U.S. and Canada may enroll tor Certification Working Group said certifica - as members on a voluntary basis. tion will enhance the proficiency of UTU mem - How do I get more information? Contact your field supervisor or local insurance bers, making them ever more professional and representative, or write to: UTU, 24950 Country Club Blvd., Suite 340, North indispensable. Olmsted, OH 44070-5333, or e-mail “[email protected]” or check out the Discipline Collective bargaining, not the FRA rulemak - Income Protection Program page on www.utu.org. ing, will determine whether a certified conductor receives additional pay. www.utu.org / www.utuia.org December 2010/January 2011 UTU News Page 11 UTUIA S ChOlARShIP : A K EY TO SUCCESS A message from UTU International President Mike Futhey

Scholarship Education is the key to success, and the key to an education can be a United Transportation Union Insurance Association scholarship. With college enrollment time near, I urge all eligible persons to Program take a few minutes to fill out the UTUIA scholarship application form printed below and apply for a UTUIA scholarship. It will be one of the DISTRIBUTION smartest things they ever do. Fifty continuing $500 scholarships are awarded each year upon This is the 37th year UTUIA is making available 50 verification of enrollment for the fall term. The scholarships are pro - continuing $500 scholarships for its members, and rated according to the number of UTU members in each of nine dis - the sons, daughters and grandchildren of its mem- tricts. The names of the 50 scholarship winners for the academic bers. year 2011/2012 will be drawn at UTUIA headquarters in Cleveland after the March 31, 2011, deadline for submission of applications. I realize the amount awarded, $500 a year, doesn’t meet the full cost of the recipient’s education, but in ELIGIBILITY this way the UTUIA can help a larger number of stu- Requirements for a scholarship applicant are that he or she be at dents with educational costs. They may use the least a high school senior or equivalent; age 25 or under; be a UTU scholarship money for tuition, learning materials or other related member or UTUIA-insured member, the child or grandchild of a UTU expenses. member or UTUIA-insured member, or the child of a deceased UTU UTUIA scholarship winners will receive the full amount of the member or UTUIA-insured member. (If member is deceased please award each year for up to four years of undergraduate study as long include date of death). UTU members or UTUIA-insured members as they maintain a satisfactory academic record. must be U.S. residents. With a UTUIA scholarship, we hope to give the recipient the Applicants also must be accepted for admittance, or already opportunity for a full-time education instead of a part-time education, enrolled, for at least 12 credit hours per quarter or semester at a day school instead of night school, higher education instead of basic recognized institution of higher learning (university, college or junior training. college, nursing or technical school offering college credit). UTUIA scholarship recipients are enrolled in some of the finest Graduate schools are not included. Families of full-time International and most prestigious colleges and universities in the world. We can officers are not eligible. point to the many achievements of past scholarship winners who have contributed so much to our great nation. AWARDS The key to success is education, and the key to education is a Scholarships are awarded on the basis of chance, not grades. A UTUIA scholarship. Take a UTUIA scholar, however, is expected to maintain a satisfactory aca - minute to apply for the chance of demic record to keep the scholarship for the full four years. a lifetime. As the saying goes: “If you ADMINISTRATION think education is expensive, try The UTUIA Scholarship Committee decides whether individual Mike Futhey, President ignorance.” UTU International scholarships should be continued or discontinued. Each successful applicant must provide annual proof of eligibility on or before a dead - line set by the scholarship committee to qualify for a continuing award. The day-to-day management of the program is handled by UTUIA SCHOLARSHIP the office of the UTUIA general secretary and treasurer. APPLICATION FORM 2011/2012 INVEST IN THE CHANCE OF A LIFETIME (P LeASe TYPe oR PRINT ) The UTUIA Scholarship Program is an open program. All eligible students, regardless of previous grades or future plans, are strongly STUdeNT ’S NAMe BIRTh dATe / / urged to apply, to take five minutes to invest in the chance of a life - (L AST ) (F IRST ) (M.I.) (M/D/Y) UTU Local # time, the chance for a better future. MeMBeR ’S NAMe or (L AST ) (F IRST ) (M.I.) UTUIA Local Unit #

AddReSS oF MeMBeR UTUIa S CHolarSHIP dISTrICTS oCCUPATIoN district Scholarships Connecticut, Maine, Massachusetts, New Hampshire eMPLoYeR 1 New York, Rhode Island, Vermont 5 STUdeNT ’S ReLATIoNShIP To MeMBeR Delaware, District of Columbia, Maryland, , Ë Ë Ë Ë 2 Pennsylvania 5 CoLLeGe YeAR , 2011-2012 FReShMAN SoPhoMoRe JUNIoR SeNIoR Alabama, Florida, Georgia, Kentucky, Mississippi, North 3 Carolina, South Carolina, Tennessee, Virginia, West Virginia 8

SIGNATURe oF STUdeNT 4 Indiana, Michigan, Ohio 5 5 Illinois, Wisconsin 4 SIGNATURe oF MeMBeR (Please include date of death if member is deceased .) 6 Arkansas, Louisiana, Oklahoma, Texas 5 Iowa, Kansas, Minnesota, Missouri, Nebraska, Applications must be received no later than march 31, 2011. 7 North Dakota, South Dakota 7 Please submit only one application per student. Incomplete, Arizona, California, Colorado, Nevada, New Mexico, photocopied or duplicate applications will not be accepted. 8 Utah 8 The application form printed on this page is the official UTUIA schol - arship application form and is the only one you will receive. If you Alaska, Idaho, Montana, Oregon, Washington, 9 Wyoming 3 need another application form, request one from the address below. Please include your UTU local or UTUIA local unit number with your request. Complete the form above, cut it out (leaving address on reverse side, if possible), and mail to: UTUIa Scholarship Program United Transportation Union Insurance association 24950 Country Club Blvd., Suite 340 North olmsted, oH 44070-5333 www.utu.org / www.utuia.org Periodicals Postage Volume 42/43 December 2010 / January 2011 PAID at Cleveland, Ohio, Number 12/1 and Additional www.utu.org / www.utuia.org Mailing Offices DEC 2010 / JAN 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 - TION UNION, 24950 COUNTRY The Official Publication of the United Transportation Union CLUB BLVD., SUITE 340, NORTH OLMSTED, OH 44070- 5333 • Periodicals postage paid at Cleveland, Ohio, and addi - tional mailing offices • Mike Pigskin to conductor: “It’s job security” Futhey, International President; Kim Thompson, General Secre - Keith Fitzhugh is a conductor trainee on Norfolk rity [in the National Football League]. Why risk losing a tary & Treasurer • This publi - Southern’s North District. cation available on microfilm good job with Norfolk Southern? from National Archive Publishing, He could be playing football with the New York Jets. “Working for Norfolk Southern is one of the most P.O. Box 998, Ann Arbor, MI If you think trading a National Football League play - prestigious jobs you can have,” Fitzhugh said. 48106. book for an operating employee’s rulebook is “I don’t want to give up what I have now, go PoStMaSter: Send address something akin to carrying the ball toward your back to playing football a couple of weeks and changes to utu News, 24950 own goal line, think again. Country Club Blvd., Suite 340, then be released again. I have to look out for North olmsted, oH 44070- Please recycle The 24-year-old Fitzhugh – who has made what’s best for me and my family,” he said. application for UTU membership when he com - pletes his probationary period in January – knows “To sacrifice what he did for his family is the the value of steady work and regular paychecks in most unselfish thing I’ve heard by a player in an economy thrown for a loss. sports,” Fitzhugh’s agent told the Associated Photo of the month “You can have a fine living working for the Press. railroad,” Fitzhugh said. “I think riding on a locomotive is one of the Fitzhugh Cut by the Jets pre-season, Fitzhugh responded coolest things,” Fitzhugh said. “I talked with my to an early December invitation to return as a parents about it. They have always thought highly of defensive back with a polite, “thanks, but no thanks.” Norfolk Southern, where it’s safety first.” Fitzhugh began conductor training with NS in Sep - Fitzhugh, a standout safety at Mississippi State Univer - tember, established seniority in November, and looks for - ward to membership in Local 511 in Atlanta. He was sity, was signed by the Jets in 2009. He was named by raised in nearby Hampton, Ga. USA Today as one of the top 200 college football players “For me, having job security is important,” said in the nation, and played as a senior in the East/West Fitzhugh, who is helping support his disabled father, a for - Shrine Bowl. mer truck driver. “I was released three times [twice by the At Mississippi State, he earned a degree in communi - Jets, once by the Ravens]. There is no job secu - cations, with a minor in marketing. Inside this issue of the UTU News :

Salute to wouNded warriorS : The Liberty Limited , carrying wounded war heroes from Walter Reed Army Hospital and Bethesda Naval Hospital north from Washington, D.C., to the Army/Navy football game in Philadel - phia, Dec. 11, receives a heartfelt 50-star salute from retired Army Col. Lex Bishop at Northeast Corridor milepost 81, Chase, Md. The two E-8 locomotives pulling the 19-car special – outfitted in former Pennsylvania Railroad livery – are owned by Bennett Levin, a railfan and friend of the UTU who, with his wife Vivian and son, Eric, first organized this trip Retiree Gary Dillon hon - Alert MBCR commuter See you at the upcoming UTU arranges tours, in 2005 to honor those who sacrificed so much on behalf of their fellow Americans. Levin reached out to other private varnish owners for use of their cars. The photo was taken by UTU friend Don Kalkman Jr., whose grand - ors miners with Kiliman - crew saves man’s life. UTU/UTUIA regional cruises for Alumni. father was a Pennsylvania railroad engineer from the 1920s to the late 1950s. jaro climb. See page 2. See page 3. meetings. See pages 6/7. See page 8.