BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION Of The International Brotherhood Of Teamsters

Volume 118 ■ Number 1 www.bmwe.org January/February 2009 Rail Safety Bill and Funding Signed into Law Congress Mandates Random Drug and Alcohol Testing for MofW Employees rucial revisions of federal rail safety and injury of workers and citizens. With specific goals of reducing of Transportation to establish minimum Cstatutes were signed into law on The RSIA requires the FRA to accident and injury rates, the new law training standards for each class and October 16, 2008. The first omnibus rail engage in extensive reviews, reports, contains many significant changes craft of safety-related rail employees safety legislation since 1970, the 315- studies, pilot projects, all of which is affecting BMWED members including: and equivalent rail contractors; page Rail Safety Improvement Act of required to lead to expansive rule-mak- • Provisions requiring the Secretary Other provisions address heath and 2008 (RSIA) also contains an Amtrak ing. The new law requires the FRA, of Transportation to complete a track welfare matters of rail workers such as: re-authorization and authorization for carriers, and labor to approach safety inspection time study within two years • Provisions prohibiting railroads expenditures on expanded high-speed regulation from a scientific/ to determine whether track inspection from denying, delaying or interfering rail operations. statistical basis rather than the speeds and territory size should be with medical or first aid treatment of The RSIA builds on the work of the approach of ‘this is how we’ve regulated, and if inspection frequency injured workers; BMWED and other rail labor organiza- always done it’. and remedial action should be amend- • Provisions requiring regulation of tions that, along with the leadership of The BMWED will encourage the ed; camp cars to protect the health of rail- Cong. James Oberstar (D-), newly appointed leadership of the FRA • Provisions requiring each Class I road employees and contractors utiliz- Chairman of the House Transportation to effectively implement the RSIA by railroad and intercity/commuter passen- ing camp cars by April 1, 2010, with full Committee, refused to accept that the seeking complete funding by Congress ger railroad to develop a safety risk compliance of the regulation by wholesale federal regulatory failure of of the programs contained in the law reduction program (RRP) to reduce December 31, 2010; and enforcement of safety laws and rules and cooperating with its monitoring accidents, injuries, and fatalities; and • Adopting radiation exposure limits was leading to purposeless death progress. • Provisions requiring the Secretary See Rail Safety Bill on Page 11 BMWED System Federations Announce Merger Allied and Southern Pacific Atlantic Federations Combine Resources he governing bodies of the Allied City Southern, Union Pacific and a the railroads consult one another in tions will have a larger pool of TFederation and the Southern number of short line railroads. The their effort to thwart the union’s efforts resources,” said BMWED Southeast Pacific Atlantic Federation of the federation represents members in 27 to improve conditions for its members. Region Vice President Randy Cook. Brotherhood of Maintenance of Way states that stretch from the Atlantic This merger will go a long way in level- “I commend the officers of the newly Employes Division convened in Coast to Gallup, NM. ing that playing field.” merged Allied Federation and con- Kansas City, MO on December 10, The Allied Federation is the product “By combining the two federations, gratulate the members on this historic 2008. The purpose of the meeting of numerous mergers that have been the members of both former federa- achievement.” was to finalize a merger between the achieved over a period of almost two two federations. The merger was decades and includes at least nine successful and the newly created fed- former federations. eration will retain the name, Allied “I would like to extend my congratu- Federation. lations to the officers and members of The Allied Federation will now rep- both the Allied and the former resent more than 7,000 members of Southern Pacific Atlantic Federation,” the Brotherhood of Maintenance of said BMWED National Division Way Employes Division of the President Freddie Simpson. “It is International Brotherhood of gratifying to see these two great orga- Teamsters and currently maintains nizations come together in an effort to offices in Hendersonville, TN (suburb better represent our members. Both of Nashville), Longview, TX and have great histories and I am sure Humble, TX. Dennis Albers was that together they can achieve even elected to head the new federation as more for their members.” Southwest Region Vice President Roger Sanchez pictured with newly General Chairman and offered, “I am “Realizing that the rail industry’s elected Allied Federation Officers: Seated left to right, Vice Chairman proud of each and every one of the mergers have had a huge impact on Pedro Amaro, Vice Chairman Malcolm Davison, Vice Chairman Larry officers and board members that had the way they deal with their employees, Phillips, First Vice Chairman Terry Miracle, General Chairman Dennis the vision to make this happen. Our federations like the Allied have sought Albers, Roger Sanchez, Vice Chairman Jeffrey Finch, Vice Chairman Nate respective members will be the bene- merger partners that would place its Trawick, Vice Chairman Scotty Niswonger. Standing left to right, Vice ficiary of a more efficient and stronger members in a better position to deal Chairman Russell Farmer, Vice Chairman Brian Thies, Vice Chairman David organization.” with management,” said BMWED Lopez, Vice Chairman Roy Griffith, Vice Chairman Len Buckley, Vice The Allied Federation represents Southwest Region Vice President Chairman Andrew Shelton, Vice Chairman Larry Wright, First Vice members employed at CSX, Kansas Roger Sanchez. “It is no secret that Chairman Bill Palmer, First Vice Chairman W. G. "Bubba" Foehr.

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Roadway Worker Protection Saving Lives is Priority One here are hundreds of pages of plete text of the regulation, which can and communication systems, electric requirements of this part. Tfederal regulation applicable to be found on the BMWED website traction systems, roadway facilities or Each employer shall guarantee the railroad industry and the workers (www.BMWE.org) by clicking “links,” roadway maintenance machinery on each employee the absolute right to who make it run. And while all these then “safety related links” and then or near track or with the potential of challenge in good faith whether the regulations play a role in the safety of “Roadway Worker Protection.”Your rail- fouling a track, and flagmen and on-track safety procedures to be railroad operations, none is more road’s “Roadway Worker On-Track watchmen/lookouts as defined in this applied at the job location comply with important to the lives of BMWED Safety Program,” which you are section.” (See 49 CFR 214.7, the rules of the operating railroad, members than the Roadway Worker undoubtedly familiar with, must comply Definitions) Thus, the regulation cov- and to remain clear of the track until Protection regulations. with all the provisions of the Federal ers any railroad worker or contractor the challenge is resolved. (Emphasis The Roadway Worker Protection regulation. to a railroad engaged in these road- added) (RWP) regulations were promulgated way worker duties on railroads across Each employer shall have in place into law on January 15, 1997; more Saving Lives is First Priority the nation. a written procedure to achieve prompt than seven years after BMWE first peti- The sole purpose of the Roadway and equitable resolution of challenges tioned the Federal Railroad Administra- Worker Protection (RWP) regulation is On-Track Safety made in accordance with Sections tion to adopt regulations for the protec- to “prevent accidents and casualties What exactly is “on-track safety? 214.311(b) and 214.313(d). tion of Roadway Workers. BMWE’s caused by moving railroad cars, loco- Under the regulation, on-track safety is 1990 Petition for Rulemaking was dri- motives or roadway maintenance defined as “a state of freedom from the Section 214.313, Responsibility of ven by the unacceptable death toll of machines striking roadway workers or danger of being struck by a moving Individual Roadway Workers BMWE members being struck and kill- roadway maintenance machines.” railroad train or other railroad equip- Each roadway worker is responsi- ed by trains and equipment in prevent- (See 49 CFR 214.301(a)) In other ment, provided by operating and safety ble for following the on-track safety able on-track safety accidents. While words, the regulation exists solely to rules that govern track occupancy by rules of the railroad upon which the every BMWED member is covered un- protect and preserve the lives and personnel, trains and on-track equip- roadway worker is located. der the regulation any time they are out limbs of Roadway Workers. A ment.” (See 49 CFR 214.7, Definitions) A roadway worker shall not foul a working on the tracks, most members Roadway Worker is defined under the Unfortunately, this “state of freedom track except when necessary for the likely have never been provided access regulation as “any employee of a rail- from the danger of being struck by a performance of duty. to the actual Federal regulation, 49 road, or of a contractor to a railroad, moving train or equipment” has been Each roadway worker is responsible CFR Part 214 C, Roadway Worker Pro- whose duties include inspection, con- less than absolute and not yet fully to ascertain that on-track safety is tection. Every BMWED member should struction, maintenance or repair of realized. Although the RWP regula- being provided before fouling a track. familiarize themselves with the com- railroad track, bridges, roadway, signal tions have considerably reduced on- Each roadway worker may refuse track fatalities since becoming law in any directive to violate an on-track 1997, fatalities to Roadway Workers safety rule, and shall inform the BMWEBMWE DDivisionivision continue to occur with alarming fre- employer in accordance with Section quency, with 2008 being the worst year 214.311 whenever the roadway work- JOURNAL CONTENTS for Roadway Workers since the RWP er makes a good faith determination regulation became law. that on-track safety provisions to be applied at the job location do not Jan./Feb. 2009 ■ BMWE DIVISION JOURNAL ■ VOLUME 118 ■ NUMBER 1 An Unacceptable Toll The BMWED Journal is the official news publication of the Brotherhood of Maintenance of Way Employes Division comply with the rules of the operating of the International Brotherhood of Teamsters Between 1997 and 2008, forty (40) railroad. (Emphasis added) Freddie N. Simpson Perry K. Geller, Sr. Randall Brassell Roadway Workers have been struck Sections 214.311 and 214.313 give President and Editor Secretary-Treasurer Associate Editor and killed on the tracks in preventable members an absolute right to chal- The BMWED Journal (ISSN 1049-3921 /USPS 067640) is published bi-monthly-6 times annually at 20300 Civic on-track safety accidents. These terri- lenge in good faith anytime on-track Center Drive, Suite 320, Southfield, Michigan 48076-4169. Periodicals postage paid at Southfield, Michigan and ble tragedies are a reminder of just safety at the worksite does not com- additional mailing offices. how dangerous and unforgiving MW ply with the regulation and the rules ATTENTION POSTMASTER: work is and how quickly lives can be of the operating railroad. Send address changes to BMWED, 20300 Civic Center Drive, Suite 320, Southfield, Michigan 48076-4169. lost. In 2008 alone, there were seven Subscription Price: U.S. and Canada—$20.00 (U.S.) per year, in advance. (7) Roadway Worker fatalities nation- Right to a Good Faith Challenge wide; the highest one year total in the If you do not have full compliance www.bmwe.org history of the RWP regulation. In order with on-track safety, it is vital to your Rail Safety Bill and Amtrak A Vice President Speaks 9 to reverse this unacceptable toll, we safety and the safety of your co-work- Funding Signed into Law 1 Legal Aid Program List 10 must all redouble our efforts and find ers to make a good faith challenge BMWED System Federations Why Choose A BMWED- ways to halt this preventable carnage under Section 214.313. The law pro- Announce Merger 1 Designated FELA Attorney? 10 and assure that every Roadway vides you with this right, and it is an Roadway Worker Protection 2 Vice chairman Guy Sackett Retires 10 Worker makes it home alive every absolute right protected under the law. Director of Government Affairs We Want To Hear From You 10 workday. The only way we will achieve When making a good faith challenge, it Danny Gates Retires 3 Article XV, Section 8 -Transfer this is through better understanding of, is vitally important to make your inten- Robert J. “Bob” Williamson Deceased 3 Refunds 10 and full compliance with, the Roadway tions clear by saying the words “Iam Lodge Secretary-Treasurer’s Sol Hammons Jr. Deceased 12 Roll of Honor 3 Leon Fenhaus Appointed Worker Protection regulations. making a good faith challenge.” In this Death Benefits 3 Director of Government Affairs 12 way, there will be no misunderstanding Everyone is Responsible for On- that you are not only “questioning” on- President’s Perspective 4 Centenarians 12 Track Safety Message from Teamsters track safety but also exercising your General President Jim Hoffa 4 Employers and employees each have Federally-protected absolute right to Directory 5-8 responsibilities for compliance under “challenge in good faith” the on-track Secretary-Treasurer’s Report 9 the RWP regulations. Those responsi- safety provisions in effect at the job bilities include the specific provisions location. Remember, once a legally articulated in (49 CFR 214) Sections protected good faith challenge is initiat- 214.311 and 214.313 as follows: ed under Section 214.313, each chal- lenging employee has the absolute Section 214.311, Responsibility of right to remain clear of the track until Employers the challenge is resolved under the Each employer is responsible for carrier’s written challenge resolution the understanding and compliance by procedures. © BMWED 2009 All rights reserved. its employees with the rules and the See Roadway Worker on Page 11

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

2 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Director of Government Affairs Danny Gates Retires Lodge Secretary-Treasurer’s Roll of Honor

rother Danny Gates retired from he Local Lodge Secretary- paying Lodge bills, working with Bhis position as Director of TTreasurer plays a significant roll in National Division Auditors and the Government Affairs effective the operation of the Local Lodge and Lodge Auditing Committee, maintaining December 31, 2008. Brother Gates our union. The financial and business minutes of the Local Lodge, assisting held this position, headquartered in affairs of the Lodge are handled by the Local Officers in the overall operation Washington, DC, for the past seven Secretary-Treasurer. The Secretary- of the Lodge, and fulfilling other duties years. Treasurer receives all communications, as may be imposed upon him/her by Prior to his employment with Amtrak conducts the correspondence and has applicable law, including the execution and his subsequent position with the charge of the seal and records of the and filing of any required reports. BMWE, Brother Gates served in the U. Lodge. Additional responsibilities Below is the Secretary-Treasurer S. Navy Seabees for 6 years. During include keeping a correct financial and Roll of Honor recognizing those Local his time in the Seabees he served two membership account between the Lodge Secretary-Treasurers who have tours of duty in Vietnam. In November, Lodge and the System Secretary- held this important elective office for 10 1978 Brother Gates entered service as Treasurer and/or National Division or 20 years respectively. Please join a Trackman for Amtrak in the heavy Secretary-Treasurer, setting up Local us in honoring these Secretary- repair facility in Beech Grove, Indiana Lodge meetings, maintaining the Lodge Treasurers and thanking them for a job where he later worked as a B&B checking account and investments, well done! Mechanic. LODGE SECRETARY-TREASURER SERVICE PINS Brother Gates, a member of Consolidated Rail System Federation 10 YEAR SERVICE PINS Local Lodge 1980, served in a number NAME LODGE SYSTEM AWARD of BMWE positions during his career. Danny Gates Guadalupe Ramirez 0134 USD-W 10 Over his 30 year career Brother Gates Kenneth Knox 0176 CRSF 10 has served as Local Chairman, the System and National level, I can Timothy Russell 0424 AF-SE 10 System Federation Officer, CRSF Joint attest to his contribution to the Marcus Hood 0627 SOU 10 Protective Board Member, Indiana BMWED,” said BMWED National Clifford Whitaker 0725 AF-SE 10 State Legislative Director and in his Division Secretary Treasurer Perry Frankie Hawkins 0927 AF-SW 10 most recent capacity as Director of Geller. “As a long-time friend I know Keith Janes 1148 USD-NW 10 Government Affairs. how hard Danny has worked and Murphy Evans, Jr 1171 ICGF 10 Brother Gates says that he plans to what this Brotherhood has meant to Ronald Vaughn 1297 CRSF 10 just enjoy life and spend more time him.” Henry Bittner 1466 CRSF 10 with his wife of 43 years, Helen; their “It has been an absolute pleasure George Swanson, II 1489 MIDW-S 10 two sons and eight grandchildren. working with Danny over these past Gary Banks 1504 CRSF 10 Brother Gate’s motto has always years,” offered BMWED National Dan Overly 1788 USD-NW 10 been “just make a difference” and he Division President Freddie Simpson. Thomas Taylor 2914 SEAB 10 has done just that. He has led the “Hopefully Danny will stay active as a BMWED’s legislative battles on retiree and we won’t have a chance to LODGE SECRETARY-TREASURER SERVICE PINS Capitol Hill as its lobbyist and miss him. I would like to extend my 20 YEAR SERVICE PINS has had an integral part in legislation gratitude to Danny for his years of that has improved the lives of service to this Brotherhood and wish NAME LODGE SYSTEM AWARD BMWED members. him and Helen a long and happy Earl Stewart 0230 BURL 20 “Having worked with Danny at both retirement.” Joseph Kile 0505 CRSF 20 William Snell 0798 BURL 20 Mike Mc Quitty 0833 MT&PLS 20 Robert J. “Bob” Williamson Deceased Alan Stouder 0888 ASF 20 Robert Odle, Jr. 1107 ASF 20 he BMWED is sad to announce James Gleason 1214 BURL 20 Tthe death of Brother Bob Edward Obregon 1280 BURNOR 20 Williamson who passed away January James Ashlock 1302 BURL 20 2, 2009 at the age of 84. Brother Roger Stein 1316 BURL 20 Williamson, a resident of Grosse Dennis Franke 1320 BURL 20 Point, MI, previously served on staff at William Taylor 1547 FRISCO 20 Grand Lodge as Associate Editor of Khalid Sheikh 1709 MT&PLS 20 the BMWE Journal. Reed Leach 1854 AF-SE 20 Brother Williamson was born on A.J. Venturi 2414 AT&SF 20 July 25, 1924 in Wilkes – Barre, PA. Richard Hernandez 2416 AT&SF 20 He was the high school class valedic- Michael Schroeder 2600 FRISCO 20 torian and graduated from King’s Daniel Tropea 2775 CRSF 20 College also in Wilkes –Barre. Gene Anirina 3014 PENN 20 Brother Williamson served in the Gary Duke 3030 PENN 20 U.S. Coast Guard during World Frank Fuller 3073 PENN 20 War II and was honorably discharg- ed in 1946. He became a member of Consolidated Rail System Federa- tion Local Lodge 427 on August 1, DEATH BENEFITS 1963 and held the position of Associate Editor of the BMWE Robert J. “Bob” Williamson Journal from 1963 until his retire- ment in 1987. for which we are grateful,” said Report of Claims Paid during Nov. thru Dec., 2008 Brother Williamson, a devout BMWED National Division President NAME LODGE NUMBER SYSTEM NAME LODGE NUMBER SYSTEM Catholic, was a skilled figure skater Freddie Simpson. “Brother Williamson DAVID ADKINS 0130 AF HARVEY OHNSTAD 0249 BURNOR and enjoyed tennis. He also enjoyed will be missed.” FRANK BIALOBRZESKI 2800 CRSF EUGENE SIMPKINS 0627 SOU ROBERT H. BICK 3072 PENN SEBERT J. WILKINSON 0076 CRSF gardening and opera. Brother Williamson is survived by JAMES I. BRUCE 0338 AF “For quarter of a century Brother his wife of 46 years, Helen; sons, JULIAN CAPPELO 0866 CRSF PAID NOV. 1, 2008 TO DEC. 31, 2008 ...... $ 5, 500.00 LONNIE JOHNSON 1763 BURNOR AMOUNT PREVIOUSLY PAID...... $45,217,807.75 Williamson performed a valuable ser- Michael and John; and seven grand- JOSEPH J. LONG 3077 PENN TOTAL AMOUNT PAID TO DATE ...... $45,223,307.75 vice for the members of the BMWE, children. DEWEY L. MILLER 3011 PENN NUMBER OF CLAIMS PAID - 11

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JANUARY/FEBRUARY 2009 3 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ PRESIDENT’S PERSPECTIVE

s reported elsewhere in this edition of the Journal, 2008 proved to be Athe deadliest year in the history of the Roadway Worker Protection (RWP) regulations. Seven roadway workers were struck and killed by trains or MofW equipment in 2008, the single highest toll among roadway workers since the regulation became law in 1997. Sadly, 2009 has begun where 2008 left off, with two additional roadway worker fatalities occurring in January in New York and Arizona. This unacceptable toll has to stop and I am calling upon every single Freddie N. Simpson member to help us end this tragic cycle of death and sorrow. It is up to each of you to assure and demand that appropriate on-track safety is in effect man/lookout is the form of protection, ask yourself if such protection is sufficient for every single time you walk out on the track. We owe it to our families, and to the the task at hand and whether a higher form of protection is warrented based upon families of our co-workers, to keep each other safe out on the track every single all conditions present at the job location. If watchman/lookout is to be used, are day of our working lives. there enough watchmen to do the job? Does the terrain and other conditions pro- Together, we mourn the deaths of those we’ve lost already in 2009, and the vide required sight distances? Does the nature of the work interfere with your or a seven struck and killed in 2008, and all those roadway workers —- 42 in all —- coworker’s ability to see and hear the watchman/lookout warning? Can every who have perished in preventable on-track safety accidents since 1997. But member of the crew get to and occupy a designated place of safety at least 15 mourning the loss of our Brothers and friends is not enough. We must honor their seconds before the arrival of a train? Equally important, is the watchman/lookout memory and their sacrifice by standing up and committing to each other that we properly trained and equipped with an air horn, whistle or other audible device to will end this tragic cycle of death and sorrow. communicate a warning that is “distinctive and clearly signifies” the approach of a From tomorrow forward, I challenge each and every member to analyze and train? If the answer to any one of these questions is “no,” you have an absolute question every single aspect of on-track safety established at every work site right and obligation to make a Good Faith Challenge and remain clear of the track nationwide. Cutting corners or making do is not an option. Only full compliance until the challenge is resolved. and a demand from each of you for the highest level of on-track safety every single Every member is strongly encouraged to make a Good Faith Challenge to any day will get us to our goal of assuring that every member returns home to their and every directive that might put you or your co-workers in danger of being struck families at the end of every work shift. by a moving train or equipment. You have a legally protected right to challenge Virtually every BMWED crew nationwide, whether headquartered or production, under the law, and if you do not exercise that right every single time you feel that is working undermanned. There is tremendous pressure from management for the level of on-track safety is insufficient for the task at hand, you are risking your increased production and an expectation that you will get the job done regardless life and the lives of your co-workers. of manpower, weather, equipment or other factors. We cannot allow these factors Yes, making a Good Faith Challenge takes guts; but you are not alone. If you or management’s expectations to cloud our determination and resolve to protect have a concern, your co-workers very likely share that concern. As union mem- ourselves and our co-workers from the dangers of being struck by moving trains bers, our strength is our solidarity and unity. We must use our solidarity and and equipment. We must insist not only on the establishment of on-track safety; unity as a tool to confront unsafe conditions and demand they be rectified prior we must also insist on the highest and most effective levels of on-track safety. to stepping into the foul of any track. I commit to you that the BMWED will be As you know, watchman/lookout protection is a recognized form of on-track safe- there with you in support of your legally protected right to initiate a Good Faith ty under RWP rules. However, watchman/lookout protection is not “positive protec- Challenge. BMWED will stand with you to assure that every Good Faith tion” because the train retains its authority to move on the track. Several of the Challenge is properly heard and resolved in accordance with the law. And, I striking fatalities which recently occurred were under watchman/lookout protection. commit to you that BMWED will use every resource at our disposal to protect Whether protecting the track you’re working on or protecting the adjacent track, and preserve the lives of our members through legislation, regulation, collective watchman/lookout protection is a lesser form of protection because trains and bargaining and collective action. equipment are not withheld from movement under watchman/lookout protection. Mother Jones (1830-1930), the great labor activist said, “Pray for the dead, fight At your daily job briefings, each member has a right and an obligation to ask like hell for the living.” Together, in honor of our fallen Brothers and Sisters, and for questions about the job assignment and the form of on-track protection. If watch- the sake of our families and loved ones, we are committed to doing just that. Message from Teamsters General President Jim Hoffa

Change We Can Believe In fered the effects of a declining indus- vate-equity and hedge fund managers o president since Franklin D. trial base. More recently the housing earned more in 10 minutes than aver- NRoosevelt has had the opportuni- market’s disintegration spread the age workers earned all year. ty to positively impact the lives of pain to Southern California, Nevada, It wasn’t important anymore to every American that Barack Obama Arizona and Florida. Finally, America’s make sure middle-class workers has before him. He has inherited quite deep troubles swamped everyone earned decent wages. The Labor a mess, but I know that he is up to when the global financial system Department became a useful tool for the challenges that lie ahead. teetered on the brink of collapse. predatory employers. Labor Secretary Last month’s dreadful auto sales It didn’t happen by accident. It hap- Elaine Chao ignored flagrant union are just one indication of how bad pened because Wall Street captured busting and the widespread theft of things have gotten. GM and Ford’s our government and held the middle wages and benefits. U.S. sales plunged by a third in class hostage. Under the Bush Nor did it matter any more if people December, Chrysler’s by more than regime, America became a place were killed or maimed on the job or in half. where financial plunderers were transit or in their homes. OSHA simply Working families in Detroit and rewarded lavishly and work was no quit enforcing workplace safety rules. across the Midwest have long suf- longer respected. In 2007, the top pri- See Hoffa on Page 11

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

4 BMWED JOURNAL DIRECTORBMWEBMWED Y

THE OFFICIAL DIRECTORY OF NATIONAL DIVISION & SYSTEM OFFICERS AS OF FEBRUARY, 2009

FREDDIE N. SIMPSON Western Region WADE D. BIRNBAUM GREGORY S. KREIE SYSTEM OFFICERS President Staff Assistant Director of Education [email protected] MARK E. HEMPHILL [email protected] (202) 508-6444 Member [email protected] AFFILIATED SYSTEM PERRY K. GELLER, SR. P. O. Box 746 KEVIN EVANSKI Secretary-Treasurer 521 S. E. 10th Street Staff Assistant MARK R. McCARTY FEDERATION [email protected] Newton, KS 67114-0746 [email protected] Southeast Regional Coordinator (606) 931-0115 (316) 283-1470 Fax: 316-283-7264 4003 Rudy Martin Drive [email protected] PETER KENNEDY Owensboro, KY 42301-6646 Fax: 606-931-0008 Staff Assistant Cell: (202) 258-1408 Southwest Region Alton & Company [email protected] [email protected] CSX Transportation, Incorporated VICE PRESIDENTS BILL R. PALMER Former—Seaboard System Railroad, GARY E. KINNEY SONIA PETTAWAY Incorporated Chairman Southeast Region Staff Assistant Office Manager Company 324 West Whaley [email protected] (202) 508-6448 MacArthur Bridge P.O. Box 2767 [email protected] Manufacturers Railway Company J. R. COOK Longview, TX 75606-2767 TIMOTHY W. KREKE Norfolk and Portsmouth Belt Line Railroad 11467 Coates Highway (903) 758-7212 Fax: 903-753-1855 Staff Assistant RICK B. WEHRLI Company Brethren, MI 49619 [email protected] [email protected] Assistant to President Norfolk Southern Corporation (231) 477-5722 7774 Deertrail Drive Former—Des Moines Union Railway Fax: 231-477-5723 Northwest Region STEVEN V. POWERS Parker, CO 80138 Company [email protected] Assistant to President (303) 927-5263 or (303) 927-5273 Interstate Railroad Company MARK S. WIMMER [email protected] Fax: 303-927-5326 Norfolk & Western Railway Northwest Region Member [email protected] Company 18921 York Street, N.W., Suite F ROY ROBINSON Southern Railway Company DAVID D. JOYNT Elk River, MN 55330-3001 Member, National Railroad Adjustment Board, Company 5350 West Valley Road (763) 441-6355 Fax: 763-441-1741 Third Division Northeast Railroad Corporation Hastings, NE 68901 [email protected] [email protected] Secretary-Treasurer’s (Metra) (402) 463-0816 Terminal Railroad Association of St. Louis Fax: 402-462-2747 M. J. SCHAPPAUGH Department [email protected] Staff Assistant Southfield Office THOMAS R. McCOY, JR. NATIONAL General Chairman Southwest Region [email protected] 20300 Civic Center Drive DIVISION Suite 320 9300 Runyon Road Southfield, MI 48076 Catlettsburg, KY 41129-8753 ROGER D. SANCHEZ APPOINTEES (248) 948-1010 or (248) 359-2 (Ext.#) 2802 Quail Run Drive National Legislation Fax: 248-948-7150 JACK E. DAVID Humble, TX 77396-1864 President’s Department First Vice Chairman (281) 441-2824 Department RONALD J. COLUMBUS 1101 County Road 2375 Fax: 281-441-4529 Southfield Office Moberly, MO 65720-4200 20300 Civic Center Drive, Suite 320 Executive Assistant to the Secretary-Treasurer [email protected] Washington Office Ext. 605, [email protected] (660) 263-7480 Fax: 660-263-7481 Southfield, MI 48076 25 Louisiana Avenue, N.W., 7th Floor Western Region (248) 948-1010 or (248) 359-2 (Ext.#) Washington, DC 20001-2130 RICHARD L. PROCISE Fax: 248-948-7150 Fax: 202-508-6450 RICK FORBES Assistant Director, Information Systems Second Vice Chairman DAVID D. TANNER WILLIAM A. BON Ext. 607, [email protected] 2400 Washington Avenue P.O. Box 116 JEFFREY J. BAINTER Victoria, VA 23974-4700 General Counsel Robertson, WY 82944-0116 Coordinator (434) 696-2812 Fax: (434) 696-2914 Ext. 615, [email protected] MARK GOWING (307) 782-7775 300 N. Bliss Avenue [email protected] Muncie, IN 47304 Staff Assistant, Information Systems Fax: 307-782-7776 E. RANDALL BRASSELL Ext. 622, [email protected] [email protected] Cell: (202) 258-1507 Fax: 765-759-7580 ALFRED L. WARDELL Director of Communications [email protected] Secretary-Treasurer 242 W. Main Street, PMB 394 WILLIAM J. MARTINKO Northeast Region RR.1 Box 63BBB Hendersonville, TN 37075 National Division Auditor LEON R. FENHAUS Pamplin, VA 23958 (615) 521-4097 Fax: 615-824-2164 Director of Government Affairs P.O. Box 190 HENRY W. WISE, JR. [email protected] Brunswick, OH 44212-0190 3465 Smith Hill Road (202) 508-6447 Fax: 202-508-6450 Cell: (605) 390-2335 (330) 460-5630 Fax:330-460-5660 Slatington, PA 18080-3423 WILLIAM A. HILDENBRAND [email protected] ALLIED FEDERATION (610) 767-4940 [email protected] Executive Assistant to President Fax: 610-767-6452 (800) 752-8009 Ext. 602, [email protected] MARY MOCHER [email protected] MIKE GEKAS Southwest Regional Coordinator Staff Assistant, Financial Services (615) 338-0027 DONNA M. HORODKO P.O. Box 1658 Ext. 621, [email protected] Fax: 615-338-0209 Private Secretary 1414 Z Avenue Ext. 617, [email protected] LaGrande, OR 97850 STEPHEN M. MOCHER www.alliedfed.org Cell: (202) 731-8229 Fax: 541-963-4103 Government Reporting Services & Saint Andrews Bay Railway TIMOTHY McCALL [email protected] Ext. 604, [email protected] Appalachian & Ohio Railroad Director of Organizing EXECUTIVE BOARD Baltimore & Ohio Railroad 3121 Plantation Key Drive DONALD F. GRIFFIN MICHELLE OSBORNE Baltimore & Ohio Terminal Baton Rouge, LA 70816 Controller Northeast Region Director of Strategic Coordination and Chicago & Eastern Illinois Railroad (225) 752-3346 Cell: (225) 978-6503 Ext. 609, [email protected] Research & Ohio Railway Fax: 225-752-3347 PAUL R. BEARD 1727 King Street, Suite 210 CSX Transportation Incorporated [email protected] JASON L. RICHERT Member Alexandria, VA 22314 Former—Seaboard System Railroad National Division Auditor 2665 Navarre Avenue, Suite A (703) 548-1262 Fax: 703-563-9457 Louisville & Nashville Railroad CYNTHIA PESTA Ext. 611, [email protected] Oregon, OH 43616 [email protected] Seaboard Coast Line Railroad (419) 693-3801 Fax: 419-693-4227 Administrative Assistant to President CAROL SCHAEDIG Atlantic Coast Line Railroad [email protected] Ext. 610, [email protected] RICHARD A. INCLIMA Columbia, Newberry and Director of Safety Staff Assistant, Membership Services Laurens Railroad Southeast Region (202) 508-6449 Ext. 633, [email protected] Atlanta and West Point—The [email protected] BRENDA F. SEQUIN Western Railway of Alabama- GARY L. COX Arbitration Department Georgia Railroad (including Secretary JOSEPH J. KRALJIC Private Secretary to the Secretary-Treasurer Augusta and Summerville P.O. Box 24068 Chicago Office Northwest Regional Coordinator Ext. 608, [email protected] Railroad) 800 Concord Road 150 S. Wacker Drive, Suite 300 220 S. Prairie Avenue Atlanta Joint Terminals Knoxville, TN 37933-2068 Chicago, IL 60606-4101 Sioux Falls, SD 57104 JAMES A. SUPERFISKY El Dorado and Wesson Railway (865) 671-1384 Fax: 865-671-1386 (312) 630-9328 Cell: (202) 230-7997 Fax: 605-271-2031 Director, Information Systems Evansville & Western Railway Company [email protected] Fax: 312-630-9438 [email protected] Ext. 606, [email protected] High Point, Thomasville & Denton Railroad

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JANUARY/FEBRUARY 2009 5 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

Kansas City Southern Railway Company DAVID R. LOPEZ CARSON J. DIEHL TONY H. ARCHIBALD CSX Transportation, Inc. Former—Louisiana & Arkansas Railway Vice Chairman Secretary-Treasurer Vice General Chairman Former—Consolidated Rail Lines (NYC) Company 137 N. Ohio Avenue 11800 W. Ridge Road 415 North A Street Pittsburgh & Lake Milwaukee-Kansas City Southern Clarksburg, WV 26301-2230 E. Springfield, PA 16411-9604 Albia, IA 52531-1258 Grand Trunk Rail System Joint Agency (304) 626-3633 Fax: 304-626-3063 (641) 932-3609 Guilford Transportation Industries Louisiana and North West Railroad Company [email protected] JACOB L. PEARS [email protected] (Springfield Mid-Louisiana Rail Corporation Terminal Railway Company) Boston and Vice Chairman Maine Corporation 1290 Airport Road ROY L. MILLER New Orleans Public Belt Railroad SCOTTY D. NISWONGER Indiana Harbor Belt Railroad Company Stoneboro, PA 16153-1808 Vice General Chairman Oklahoma-Kansas-Texas Railroad Company Vice Chairman Massachusetts Bay Commuter Railroad 4381 State Highway 156 Port Terminal Railroad Association P.O. Box 264 Monongahela Connecting Railroad Company Torrington, WY 82240-8444 Richmond, Fredericksburg and Potomac Cabot, AR 72023-0264 Norfolk Southern Corporation (307) 532-1941 Fax: 307-532-7739 Railway (including Potomac Yard) (501) 843-8237 Fax: 501-605-8222 Former—Consolidated Rail Lines (Penn [email protected] St. Louis Southwestern Railway Company [email protected] Central) Southern Pacific Transportation Company BURLINGTON DON E. WILLING St. Lawrence and Atlantic Railroad Company Eastern Lines LAURENCE J. PHILLIPS Vice General Chairman/Secretary-Treasurer Former—Texas & Louisiana Lines Vice Chairman NORTHERN SYSTEM BRADLEY A. WINTER 406 N. Daviess Street Texas-Mexican Railway Company 8 Washington Street, Unit C General Chairman Gallatin, MO 64640 Union Belt of Detroit Valparasio, IN 46383 FEDERATION 58 Grande Lake Drive, Suite 2 (660) 663-3995 or Cell: (402) 469-3810 Company (219) 242-8687 Fax: 219-242-8688 Port Clinton, OH 43452 (612) 332-7947 Fax: 660-663-2995 Former—Abilene & Southern Railway [email protected] Company Fax: (612) 332-6166 [email protected] MICHAEL D. FLOWERS Fort Worth Belt Railway ANDREW SHELTON Assistant General Chairman Company Vice Chairman [email protected] 402 East 1000 North Houston Belt & Terminal Railway 613 Myatt Street Burlington Northern Railroad Company Alexandria, IN 46001 Company Smyrna, TN 37167-4163 Former— CHICAGO & EASTERN Kansas, Oklahoma & Gulf (615) 220-3468 Fax: 615-220-0066 Oregon Trunk Railway PAUL KILGALLON Railway Company ILLINOIS SYSTEM [email protected] Camas Prairie Railroad Assistant General Chairman Missouri-Illinois Railroad Lake Superior Terminal & Transfer Railway DIVISION 59 Carriage Road Company NATHANIEL TRAWICK Company Clifton Park, NY 12065-7503 Missouri Pacific Railroad Vice Chairman Longview, Portland and Northern Railway (618) 548-0363 Company 7720 Breezewood Circle Company Chicago Heights Terminal Transfer Railroad JOHN W. GIBLIN, JR. New Orleans & Lower Coast Pensacola, FL 32534-4015 Montana Rail Link, Inc. Union Pacific System Railroad Company First Vice Chairman (850) 474-6399 Fax: 850-474-6959 Oregon, California & Eastern Railway Former—Missouri Pacific Railroad Union Terminal Railway R.R. 9, Box 9401 Company Company Company (St. Joseph, Missouri) Moscow, PA 18444 LARRY L. WRIGHT Saint Paul Union Depot (former Chicago & Eastern Weatherford, Mineral Wells & Vice Chairman Spokane International Railroad Company Illinois Railroad) RICHARD M. McLEAN Northwestern Railway Company Willamina & Grand Ronde Railroad Winston-Salem Southbound Railway 68 Caudle Lane Second Vice Chairman Indiahoma, OK 73552-2247 Company L. D. RILEY 30843 Dawson Street DENNIS R. ALBERS Cell: (918) 633-9777 General Chairman Garden City, MI 48135 [email protected] BRUCE G. GLOVER 3626 Hotze Road General Chairman General Chairman Salem, IL 62881 315 W. Main Street, Suite 20 THOMAS J. NEMETH BRIAN R. THIES 510 1st Avenue North #206 Phone/Fax: (618) 548-0363 Hendersonville, TN 37075-7324 Assistant General Chairman/Secretary- , MN 55403-1609 [email protected] [email protected] Vice Chairman Treasurer 2170 Lakeview Drive 4486 Emerson Road BILL R. PALMER Cutler, IL 62238-2202 BRENT T. TYRRELL TOM CARTWRIGHT South Euclid, OH 44121 [email protected] Vice Chairman-Secretary-Treasurer Vice Chairman/Secretary-Treasurer First Vice Chairman 510 1st Avenue North #206 338 Azalea Lane 324 West Whaley EDWARD W. LONG Minneapolis, MN 55403-1609 Lowell, IN 46356 P.O. Box 2767 Assistant General Chairman (219) 696-2848 Fax: 219-696-3716 Longview, TX 75606-2767 ATCHISON, TOPEKA & 3493 Webster Road ALLEN R. HOHBEIN [email protected] (903) 758-7212 Fax: 903-753-1855 Fredonia, NY 14063 Vice General Chairman [email protected] SANTA FE SYSTEM (716) 672-6322\ FEDERATION 736 Custer Drive W. G. FOEHR Mandan, ND 58554 First Vice Chairman (800) 835-2022 MARK J. WEYRAUCH COMMUTER 514 E. Main Street Vice General Chairman Humble, TX 77338 (316) 283-1470 RAILROAD SYSTEM P.O. Box 101 DULUTH, MISSABE & (281) 812-4443 Fax: (281) 540-4435 Ray, ND 58849-0101 DIVISION [email protected] Fax: 316-283-7264 IRON RANGE SYSTEM Atchison, Topeka & Santa Fe Railway (701) 568-2693 Fax: 701-568-2694 (732) 525-8488 or DIVISION TERRY W. MIRACLE Company MICHAEL J. GARISTO First Vice Chairman/Secretary-Treasurer Former—Illinois Northern Railway (732) 525-8674 Duluth, Missabe and Iron Range Railway Vice General Chairman P.O. Box 452 St. Joseph Terminal Railroad Company PMB 225, 936 Peace Portal Drive Harrogate, TN 37752 Company (800) 344-2718 Blaine, WA 98230 (423) 869-9996 Fax: 423-869-9882 Hutchison and Northern Railway Company, MICHAEL W. NAGLE Los Angeles Junction Railway (604) 576-2168 Fax: 604-576-2179 ((in NY, NJ, DE, CT, PA only) [email protected] General Chairman Wichita Terminal Association, Fax: 732-525-8951 6049 Seville Road Wichita Union Terminal Railway Company DUANE L. MAIER PEDRO AMARO Duluth, MN 55811-9608 Vice General Chairman Vice Chairman [email protected] (218) 729-9786 Cell: (218) 428-7246 903 Pleasant Street 203 E. Travis Street MARK E. HEMPHILL [email protected] Miles City, MT 59301-3323 New Jersey Transit Rail Operations, Laredo, TX 78040 General Chairman (406) 234-0543 Fax: 406-234-0544 (956) 712-0080 Fax: 956-712-0082 P. O. Box 746 Incorporated ALAN CAPLE Southeastern Pennsylvania Transportation 521 S. E. 10th Street First Vice Chairman DAVID L. CARROLL Authority L. A. BUCKLEY Newton, KS 67114-0746 525 Kenwood Avenue, Apt. 328 Vice General Chairman Vice Chairman [email protected] Duluth, MN 55811-2157 N 6126 Lacey Street 141 Iroquois Trail WILLIAM CAPIK Spokane, WA 99208-2440 Ona, WV 25545-9740 GARY W. MARQUART General Chairman JAMES R. SONNESON (509) 489-3080 Fax: 509-484-2068 P.O. Box 127 (304) 736-2255 Fax: 304-736-2112 Vice Chairman/Secretary-Treasurer Second Vice Chairman/Secretary-Treasurer [email protected] South Amboy, NJ 08879-0127 [email protected] P.O. Box 746 5629 W. Arrowhead Road 521 S. E. 10th Street STEVEN J. HOFFMAN Hermantown, MN 55811 MALCOLM B. DAVISON Newton, KS 67114-0746 Vice Chairman Vice Chairman P.O. Box 705 ROLAND GENE DAVIS 777 Congress Street Independence, KS 67301-0705 BURLINGTON SYSTEM Toms River, NJ 08753-8705 (620) 331-5189 Fax: 620-331-7957 Assistant General Chairman Cell: (908) 399-2187 ELGIN, JOLIET & [email protected] 1025 N. High Street DIVISION Newton, KS 67114-2311 SEAN D. GERIE EASTERN SYSTEM M. RUSSELL FARMER (402) 463-0234 Vice Chairman/Secretary-Treasurer Vice Chairman JOHN B. GARRARD P.O. Box 478 DIVISION 2418 Foster Sprouse Road, N.W. Assistant General Chairman Fax: 402-463-0226 Jim Thorpe, PA 18229-0478 Elgin, Joliet and Eastern Railway Company Thomson, GA 30824-3107 2221 250th Street [email protected] (706) 595-7778 Fax: 706-595-7709 Lincolnville, KS 66858-9833 THOMAS LEGNER [email protected] Burlington Northern Railroad Company General Chairman Former—Chicago, Burlington & Quincy CONSOLIDATED RAIL 2212 Ardaugh Avenue JEFFREY T. FINCH BESSEMER & LAKE Railroad Company SYSTEM FEDERATION Crest Hill, IL 60435 Vice Chairman Davenport, Rock Island & North Western (815) 955-5354 Fax: 815-730-9816 514 E. Main Street ERIE SYSTEM Railway Company (419) 734-9811 Humble, TX 77338 DIVISION Kansas City Terminal Railway Company DAVID W. CHRISTIAN (281) 812-4443 Fax: (281) 540-4435 Keokuk Union Depot Fax: (419) 734-7267 Vice Chairman [email protected] Bessemer and Lake Erie Railroad Company Toledo, Peoria & Western Railway Corp. 26 N. Hobart Road [email protected] Hobart, IN 46342-3356 ROY GRIFFITH MARK A. SHINE DENNIS L. CRAFT Amtrak (Albany-Rensselaer, New York Area) Vice Chairman General Chairman General Chairman Amtrak (Beech Grove, Indiana Shop) GREG PLUTA 900 South Irby Street, Suite 468 502 Reynolds Road 747 N. Burlington Avenue Amtrak (Kalamazoo, Michigan, to Michigan Assistant Chairman Florence, SC 29501 Greenville, PA 16125 Suite 312 City, Indiana Facilities) 444 E. Greening Road (843) 661-2199 Fax: 843-661-2179 Cell: (724) 866-2860 Hastings, NE 68901 Consolidated Rail Corporation Shared Assets Chesterton, IN 46304 [email protected] [email protected] [email protected] (Detroit, New Jersey, Philadelphia) (219) 926-5546

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

6 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JOHN WERR MARK S. WIMMER Lorain & West Virginia Railway C. T. BURKINDINE Company PACIFIC FEDERATION Secretary-Treasurer General Chairman Vice Chairperson New York, Chicago & St. Louis 8630 Raintree Road 18921 York Street, N.W., Suite F (916) 444-0943 7936 Kavanagh Road Railroad Company, including Tinley Park, IL 60477 Elk River, MN 55330 Baltimore, MD 21222 Nickel Plate, (708) 429-4909 Cell: (708) 743-4516 [email protected] Fax: (916) 444-2659 (410) 282-5194 Fax: 410-288-2768 Lake Erie and Western and www.bmwedpacfed.org [email protected] GENE A. BELL Clover Leaf Districts, and Wheeling & Lake Erie District Amtrak Assistant General Chairman CHARLES W. HANSLER FRISCO SYSTEM Pittsburgh & West Virginia Railway Former—Los Angeles Union Passenger 18921 York Street, N.W., Suite F Vice Chairperson Company Terminal Elk River, MN 55330 149 Andreas Road FEDERATION Amtrak (Mechanical Facility, Los Angeles [email protected] PAUL R. BEARD Andreas, PA 18211-9507 (918) 446-4677 California) (570) 386-1155 Fax: 570-386-2811 TERRENCE A. BARRETTE General Chairman Central California Traction Company [email protected] 2665 Navarre Avenue Harbor Belt Line Railroad Fax: 918-446-2799 Assistant General Chairman/Secretary- Suite A McCloud River Railroad C. PERRY RAPIER [email protected] Treasurer Oregon, OH 43616 Northwestern Pacific Railroad Company Vice Chairperson P.O. Box 468 [email protected] Petaluma and Santa Rosa Railroad Company Burlington Northern Railroad Company 309 Tillman Avenue River Falls, WI 54022 San Diego & Arizona Eastern Transportation Former—Quanah, Acme & Pacific Railway Greenville, OH 45331 (715) 425-0297 Company Company THOMAS M. MULFORD (937) 459-5335 Fax: 937-459-5336 [email protected] Sierra Railroad Company St. Louis-San Francisco Railway Vice Chairman/Secretary-Treasurer [email protected] Southern Pacific Transportation Company, Company 2665 Navarre Avenue JIM D. PETTY Western Lines Sand Springs Railway Company Suite A PAUL DOMINIC Assistant General Chairman Oregon, OH 43616 Former—Pacific Lines P.O. Box 954 Vice Chairperson RICHARD C. SANDLIN Stockton Terminal & Eastern Railroad 115 Walnut Street JEFFERY J. BAINTER Tucson, Cornelia and Gila Bend Railroad 503 Route 259 General Chairman Wilton, IA 52278 Ligonier, PA 15658 Assistant General Chairman Union Pacific System 5043 South 33rd West Avenue (319) 732-2574 Fax: 319-732-4158 (724) 238-7505 Fax: 724-238-7506 300 North Bliss Avenue Former—Sacramento Northern Railway Suite 105 [email protected] Tidewater Southern Railway [email protected] Tulsa, OK 74107 Muncie, IN 47304 Company ANTHONY ROCHON RICHARD E. DUSTERHOFT TIM HOFFMAN DANA R. SCONYERS Assistant General Chairman Vice Chairperson Assistant General Chairman Company Vice General Chairman/Secretary-Treasurer 3352 Lakota Lane, S.W. P.O. Box 5267 36512 Derby Downs Drive Valley & Siletz Railroad Company 19496 S. 4094 Road Alexandria, MN 56308-9130 Upper Marlboro, MD 20775-1267 Solon, OH 44139-2656 Claremore, OK 74019-1916 (320) 746-9613 LOUIS R. BELOW (301) 336-9442 Fax: 301-336-3895 General Chairman [email protected] CHARLES E. FORBES, JR. TROY A. BLUMHAGEN 510 8th Street Assistant General Chairman Vice Chairman Sacramento, CA 95814-1206 STEVE STEARN 1388 S.W. Heartwood Drive P.O. Box 161 (916) 444-0943, Ext. 306 Vice Chairperson Lee’s Summit, MO 64081 Drake, ND 58736-0161 NORTHEASTERN Fax: 916-444-2659 P.O. Box 223 Cell: (816) 289-1284 Fax: 816-600-5394 (701) 338-2068 SYSTEM FEDERATION [email protected] Perryville, MD 21903 [email protected] [email protected] (410) 658-6281 Fax: 410-658-6285 Amtrak () RICARDO C. CANCHOLA [email protected] Amtrak (South Station, Boston, Assistant Chairman/Secretary-Treasurer ILLINOIS CENTRAL Massachusetts) 510 8th Street Aroostook Valley Railroad Company Sacramento, CA 95814-1206 SEABOARD GULF FEDERATION Bangor and Aroostook Railroad Company (916) 444-0943 Fax: 916-444-2659 CSX Transportation, Incorporation [email protected] FEDERATION (270) 247-0600 MOUNTAIN & PLAINS Former—Consolidated Rail Corporation Fax: 270-247-0453 FEDERATION Former—New York Connecting Railroad (800) 418-7223 Penn Central—New York, New PENNSYLVANIA (904) 642-8076 [email protected] (719) 473-5866 or haven and Hartford Railroad Company FEDERATION (719) 473-5868 Fax: 904-642-7838 Amtrak (New Orleans Union Passenger Delaware & Hudson Railway Company (215) 574-3515 Terminal) Fax: 719-473-5863 Guilford Transportation Industries Amtrak Cedar Rapids & Iowa City Railway Company (Springfield Terminal Railway Company), Fax: 215-574-1910 Former—Jacksonville Terminal Company Cedar River Railroad [email protected] Main Central Railroad Company, CSX Transportation, Incorporated Chicago, Central & Pacific Railroad Portland Terminal Company www.pennfedbmwe.org Former—Seaboard System Railroad, Company Burlington Northern Railroad Company Lamoille Valley Railroad Company Incorporated Columbus & Greenville Railway Company Former—Colorado and Southern Railway Montreal, Maine & Atlantic Railroad Akron and Barberton Belt Railroad Company Gainesville Midland Railroad Company Gateway Western Railway, Company New York, Susquehanna and Western Amtrak Port Everglades Railway Illinois Central Railroad Fort Worth and Denver Railway Railroad Corporation Former—Penn Central Seaboard Coast Line Railroad Company Meridian & Bigbee Railroad Company Company Chicago Union Station Company (former-Seaboard Airline Railroad Company) MidSouth Rail Corporation Joint Texas Division of Chicago, STUART A. HURLBURT, JR. Washington Terminal Company Florida East Coast Railway Canton Railroad Company Mississippi Export Railroad Rock Island and Pacific Railroad General Chairman Norfolk Southern Corporation CSX Transportation , Inc. Northeast Illinois Railroad Corporation Company and Fort Worth and 135 Mick Lane Southern Railway Company Former—Consolidated Rail Corporation Paducah-Louisville Railway Denver Railway Company Oneonta, NY 13820-4316 Former—Carolina & Northwestern Railway Baltimore & Eastern Railroad Southern Pacific, Chicago, St. Louis Rock Island and Pacific Railroad (607) 988-7416 Fax: 607-988-9358 Company Company Corporation Company [email protected] Former—Chicago, Missouri & Western Colorado & Wyoming Railway Company Buffalo Creek Railroad JAMES D. KNIGHT Ironton Railroad Company, the Railway Company Denver and Rio Grande Western Railroad General Chairman DALE E. BOGART, JR. Company SouthRail Corporation Company 2153 Broadwater Drive Vice General Chairman/Secretary-Treasurer Penn Central-Pennsylvania Terminal Railway, Alabama State Docks Denver Union Terminal Railway Company Jacksonville, FL 32225 503 Fernwood Avenue Railroad Company, Pueblo Union Depot & Railroad Company Johnson City, NY 13790 HAYWARD J. GRANIER Company Pennsylvania-Reading Seashore Cell: (607) 725-6331 Lines T. TAYLOR General Chairman [email protected] Company Vice Chairman 1011 Paris Road, Suite 333 CHARLES M. MORGAN Maryland and Company 2153 Broadwater Drive Mayfield, KY 42066 General Chairman JOSEPH C. MATTIE Middle Fork Railroad Company Jacksonville, FL 32225 (270) 247-0636 3009 W. Colorado Avenue, Suite C-1 Vice General Chairman Company Colorado Springs, CO 80904 1215 Sherman Avenue VACANT [email protected] Former—Consolidated Rail Corporation TIM PETTY Hamden, CT 06514-1364 (See CSX Transportation, Inc.) Vice Chairman/Secretary-Treasurer First Vice Chairman/Secretary-Treasurer (203) 287-9737 Company P.O. Box 1250 MANUEL MEDINA Tinley Park, IL 60477-8050 Vice Chairman/Secretary-Treasurer JOHN P.TRACY JED DODD (270) 247-0600 3009 W. Colorado Avenue, Suite C-1 Vice General Chairman General Chairperson [email protected] Colorado Springs, CO 80904 563 Church Hill Road th SOUTHERN [email protected] 421 N. 7 Street, Suite 299 Augusta, ME 04330-8214 Philadelphia, PA 19123-3925 SYSTEM DIVISION (207) 623-1468 Fax: 207-622-1834 [email protected] MIDWEST [email protected] (800) 537-2194 KEVIN HUSSEY SYSTEM DAVID A. CONNER Vice Chairperson Fax: (865) 671-1386 FEDERATION Assistant General Chairman 12 Steinhardt Avenue NICKEL PLATE- P.O. Box 205 Old Bridge, NJ 08857-9672 [email protected] (763) 441-6355 WHEELING & LAKE Belgrade, ME 04917-0205 (732) 251-8486 Fax: 732-251-6460 CSX Transportation, Incorporated (207) 397-2844 [email protected] Former—Seaboard System Railroad, Fax: 763-441-1741 ERIE FEDERATION [email protected] Incorporated WILLIAM K. MANNING Durham and Southern Railway Company [email protected] (419) 693-3801 KENNETH E. HERRINGTON Vice Chairperson Norfolk Southern Corporation Iowa Interstate Railroad L.T.D. Fax: 419-693-4227 Assistant General Chairman P.O. Box 285 Seaboard Coast Line Railroad Company Lake Superior & Ishpeming Railroad 36 Walnut Street Prospect Park, PA 19076-0285 Former— and Northern Railway Company Grand Trunk Rail System Mechanicville, NY 12118-1040 (610) 461-8641 Fax: 610-461-0422 Company Northeast Illinois Railroad Corporation Former—Detroit, Toledo and Ironton [email protected] [email protected] Southern Railway Company Northern Indiana Commuter Transportation Railroad Company Former—Alabama Great Southern District Detroit and Toledo Shore Line MICHAEL B. CARTER GEORGE C. DAVIDSON Railroad Company Company Railroad Company Assistant General Chairman Vice Chairperson-Secretary-Treasurer Atlantic and East Carolina Former—Chicago, Milwaukee, St. Paul Norfolk Southern Corporation 32 N. Cobble Hill Road P.O. Box 2408 Railway Company and Pacific Railroad Company Norfolk and Western Railway Company Warwick, RI 02886-9307 Aston, PA 19014-2408 Central of Georgia Railroad Former—Minneapolis, Northfield and Former—Akron, Canton & Youngstown (401) 886-4747 (610) 485-4365 Fax: 610-485-4369 Company Southern Railway, Incorporated Railroad Company [email protected] [email protected] Chattanooga Traction Company

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JANUARY/FEBRUARY 2009 7 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

Cincinnati, New Orleans and SOUTHWESTERN Chicago, St. Paul, Minneapolis & CHARLES R. HOGUE CENTRAL Texas Pacific Railway Company Omaha Railway Company Vice Chairman Georgia Northern Railway FEDERATION Fort Dodge, Des Moines & P.O. Box 2290 SYSTEM DIVISION Georgia Southern and Florida Southern Railway Company White Salmon, WA 98672-2290 Railway Company (620) 795-2762 Minneapolis & St. Louis Railway (888) 827-2693 (920) 494-BMWE (2693) Kentucky & Indiana Terminal Company [email protected] Railroad Company Fax: (620) 795-2712 Minneapolis Industrial Railway Fax: 920-494-2694 Chicago and Western Indiana Railroad Live Oak, Perry and South Galveston, Houston and Henderson Railroad BILL C. JORDE [email protected] Georgia Railway Company Company Company Vice Chairman Louisiana Southern Railway Escanaba and Lake Superior Railroad Wisconsin Central Galveston Wharves 244 Dessa Lane Company Company Missouri-Kansas-Texas Railroad Company South St. Paul, MN 55075-1713 New Orleans Terminal Company Ogden Union Railway and Depot Company Texas City Terminal Railway Company (651) 552-8925 Fax: 651-552-8940 JOE LETIZIA Norfolk, Franklin and Danville Peoria and Pekin Union Railway Company [email protected] General Chairman Railway Company Portland Terminal Railroad Company 912 Redwood Drive Tennessee, Alabama & Georgia LARRY L. FOSTER South Omaha Terminal Railway Company Green Bay, WI 54304 Railway Company General Chairman Union Pacific System RODNEY D. MULDER Cell: (715) 572-7127 Tennessee Railway Company 1845 11000 Road Former—Mount Hood Railway Company Vice Chairman Valdosta Southern Railroad Oswego, KS 67356-8764 Union Pacific Railroad 4705 Dover Drive THOMAS DAFFINSON Cell: (620) 515-2664 Ames, IA 50014 VAE Nortrak - Birmingham, AL Plant Yakima Valley Transportation Vice Chairman/Secretary-Treasurer [email protected] (515) 292-7691 Fax: 515-292-1034 Company P.O. Box 413 [email protected] GARY L. COX VAE Nortrak - Cheyenne, WY Plant Osseo, WI 54758-0413 General Chairman TERRY D. WILLIAMS (715) 597-2611 P.O. Box 24068 Vice Chairman/Secretary-Treasurer W. E. MORROW DAVID R. SCOVILLE Knoxville, TN 37922-4902 810 South D. Street General Chairman Vice Chairman CHRIS PETERS McAlester, OK 74501-6119 [email protected] P.O. Box 850 P.O. Box 141845 Second Vice Chairman (918) 429-1893 Cell: (918) 916-0866 Lyman, WY 82937 Spokane Valley, WA 99214 3641 Town Hall Road SAMUEL J. ALEXANDER (307) 787-7058 Fax: 307-787-3100 (888) 875-2693 or (509) 474-0385 Junction City, WI 54443 Vice Chairman [email protected] Fax: 509-474-0386 (715) 457-2296 10724 Plum Creek Drive UNIFIED SYSTEM [email protected] Knoxville, TN 37922-1933 KENT L. BUSHMAN DIVISION First Vice Chairman/Secretary-Treasurer STANLEY W. WALDEIER M. L. SELLERS 28151 Buena Vista Drive Vice Chairman Assistant Chairman/Secretary-Treasurer (800) 525-1833 Rock Falls, IL 61071 1717 Parkhill Drive P.O. Box 285 (307) 787-7058 or (815) 626-6636 Fax: (815) 626-3297 Norwalk, IA 50211 Menlo, GA 30731-0285 [email protected] (515) 981-0596 Fax: 515-981-9680 (307) 787-7059 [email protected] D. JOE DEAN Fax: 307-787-3100 Assistant Chairman P.O. Box 850 Belt Railway Company of Chicago Lyman, WY 82937 Chicago and North Western Transportation (800) 525-1833 Company [email protected] Former—Chicago Great Western Railway Company

NEBRASKA OHIO TEXAS STATE LEGISLATIVE DIRECTORS SPENCER MORRISEY THOMAS J. NEMETH ROBERT CHAVEZ, SR. P.O. Box 156 4486 Emerson Road 1901 Springwood Drive ALABAMA GEORGIA MAINE 548 Jackson South Euclid, OH 44121 Mesquite, TX 75181 JAMES “TERRY” FRANKS MARCUS HOOD JOHN P. TRACY Tecumseh, NE 68450 (216) 382-7122 Cell: (972) 824-9945 361 8th Avenue East 3470 Georgia Highway 15 North 563 Church Hill Road (402) 335-2181 Fax: (216) 382-5583 Guin, AL 35563 Warthen, GA 31094-4024 Augusta, ME 04330-8214 Fax: 402-335-4021 UTAH (205) 468-2171 (478) 552-0727 (207) 623-1468 OKLAHOMA PHILLIP O. SCOTT Fax: 478-553-1758 Fax: 207-622-1834 NEVADA LEONARD W. TREKELL 2002 S. 1840 W. ARIZONA VACANT 421 Colorado Syracuse, UT 84075 GREGORY S. KREIE IDAHO MARYLAND North Enid, OK 73701 (801) 525-1958 25 Louisiana Ave., N.W., 7th Floor ALAN E. HEMMERT STEVE STEARN (580) 233-2548 Washington, DC 20001-2130 P.O. Box 355 P.O. Box 223 VERMONT (202) 508-6444 Paris, ID 83261-0355 Perryville, MD 21903-0223 OREGON VACANT Fax: 202-508-6450 (208) 945-0949 (410) 658-6281 NEW HAMPSHIRE MIKE GEKAS Fax: 410-658-6285 CALVIN R. PRESTON Southwest Regional Coordinator ARKANSAS ILLINOIS 129 Mountain Road P.O. Box 1658 SCOTTY D. NISWONGER TIM PETTY MASSACHUSETTS Epsom, NH 03234 1414 Z Avenue P.O. Box 264 P.O. Box 1250 JAMES A. TEAGUE (603) 736-9949 LaGrande, OR 97850 VIRGINIA Cabot, AR 72023-0264 Tinley Park, IL 60477-8050 33 Dinley Street Cell: (202) 731-8229 GREGORY L. MARSTON (501) 843-8237 (270) 247-0600 Dracut, MA 01826 NEW JERSEY Fax: 541-963-4103 400 Melody Lane [email protected] (978) 710-3429 KEVIN HUSSEY Crewe, VA 23930-1066 CALIFORNIA 12 Steinhardt Avenue PENNSYLVANIA (434) 645-7496 FREDERICK W. HUGG INDIANA MICHIGAN Old Bridge, NJ 08857 WILLIAM K. MANNING Fax: 434-645-1859 3635 Charqui Court JEFFREY J. BAINTER ARCHIE LHAMON (732) 251-8486 P.O. Box 285 Oroville, CA 95965 Northeast Regional Coordinator 55647 Giddings Court Fax: (732) 251-6460 Prospect Park, PA 19076-0285 WASHINGTON (530) 534-4844 300 N. Bliss Avenue Mattawan, MI 49071 (610) 461-8641 RUSS PITNER Muncie, IN 47304 (269) 668-2263 NEW MEXICO Fax: 610-461-0422 220 86th Street, N.W. COLORADO Cell: (202) 258-1507 Fax: 269-668-4360 FRANK DAVID Tulalip, WA 98271 MICHAEL A. SACCOMANO Fax: 765-759-7580 P.O. Box 416 RHODE ISLAND (360) 659-4411 2100 W. 100 Avenue, #152 MINNESOTA Vanderwagen, NM 87326-0416 MICHAEL BESSETTE Denver, CO 80260 IOWA MICHAEL DeROSA (505) 778-5794 261 Ann Street WEST VIRGINIA (303) 404-9058 RON HOFFMAN 2236 Maple Lane Cumberland, RI 02864 GLENN R. HAYES, JR. 1607 9th Avenue, S.W. Maplewood, MN 55109 NEW YORK (401) 575-0854 P.O. Box 15255 CONNECTICUT Cedar Rapids, IA 52404 (651) 777-8205 ROBERT M. WINTER Charleston, WV 25365 DAVID CERRITO (319) 364-2180 5590 Robinson Road SOUTH CAROLINA (304) 837-7960 18 John Street MISSISSIPPI Sodus, NY 14551-9702 BRYANT D. MOSES Branford, CT 06405 KANSAS MURPHY EVANS, JR. (315) 483-4324 705 S. Church Street WISCONSIN (203) 315-8311 ROBERT STORER 2405 Whitetail Circle Fax: 315-483-4324 Florence, SC 29506 MICHAEL J. KOZIARA 2641 N. Donmyer Road West Point, MS 39773 (843) 669-8177 909 Eastwood Street DELAWARE Solomon, KS 67480 (662) 494-8592 NORTH CAROLINA Holmen, WI 54636 GUY DOUGLAS (785) 655-2771 WARREN D. ERNEST SOUTH DAKOTA Cell: (608) 317-9755 7 Berwick Court MISSOURI 1423 Weststone Drive JOSEPH J. KRALJIC Newark, DE 19702 KENTUCKY CHARLES E. FORBES, JR. Charlotte, NC 28208 Northwest Regional Coordinator WYOMING (302) 836-0662 MARK R. MCCARTY 1388 S.W. Heartwood Drive (704) 756-7135 220 S. Prairie Avenue KRISTINA DELGADO Southeast Regional Coordinator Lee’s Summit, MO 64081 Fax: 704-392-5967 Sioux Falls, SD 57104 P.O. Box 1761 FLORIDA 4003 Rudy Martin Drive Cell: (816) 289-1284 Cell: (202) 230-7997 Casper, WY 82602 WILLIAM L. GLISSON Owensboro, KY 42301-6646 Fax: 816-600-5394 NORTH DAKOTA Fax: 605-271-2031 (307) 234-6510 9212 Riverview Drive Cell: (202) 258-1408 DOUGLAS M. ERHART Fax: 307-234-6510 Riverview, FL 33578 MONTANA 1203 - 27th Street, N.W. TENNESSEE Cell: (813) 426-5338 LOUISIANA LYLE LAMBERT Mandan, ND 58554 SAMUEL J. ALEXANDER JACK W. MYERS 201 Flynn Avenue, W. (701) 663-1633 10724 Plum Creek Drive 6827 N. University Avenue Bainville, MT 59212 Fax: 701-663-5714 Knoxville, TN 37922 Carencro, LA 70520-5244 (406) 769-2611 (865) 531-9865 (337) 896-4197 Fax: 865-671-1384 Cell: (337) 781-1129

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

8 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ SECRETARY-TREASURER’S REPORT

n January 28, 2009, BMWED testified before the Committee on OTransportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials. The Subcommittee requested our comments on the following topics: (1) The role of freight and/or passenger rail in the U.S. econo- my; (2) the impact of the current economic crisis on the railroad industry and its worker; and (3) the benefits and importance of investing in freight and/or passenger rail. The Subcommittee hearing was held, in part, to assist the Obama Administration in understanding the role of railroads in our nation’s Perry K. Geller, Sr. economy as part of its overall effort to shape an economic stimulus plan.

Our oral testimony was presented by BMWED emphasized that unionized portation congestion in major corridors cheap with unqualified workers and BMWED Director of Government rail workers have a collectively bar- across the U.S. and create new, good contractors who lack experience and Affairs Leon Fenhaus. BMWED point- gained wage and benefit structure that paying railroad jobs for those involved do not have overall responsibility for ed out that rail transportation is among forms the backbone of the U.S. econo- in Amtrak’s expansion. BMWED the entire operation. the most energy efficient means of my and will help sustain it until other encouraged the Subcommittee to The full text of BMWED’s written tes- moving goods and people and empha- sectors of the economy rebound. insure that the expansion of passenger timony can be accessed through the sized how important rail transportation BMWED also encouraged the rail is not allowed to be done on the BMWED website at www.bmwe.org. is to the current and future needs of Subcommittee to assure that railroad the U.S. economy. transportation continues to provide jobs Although railroads carry more ton- and benefits for railroad employees. miles of freight than trucks, fuel usage BMWED highlighted a number of A Vice President Speaks by rail is dwarfed by rubber tired trans- schemes occurring within rail trans- portation. In 2005, the Class I railroads portation developed for the purpose of ver the next few years a large pation in our union and providing rep- used 4,098 million gallons of fuel com- circumventing collective bargaining Onumber of BMWED elected offi- resentational education is the key pared to a whopping 24,411 million agreements and the application of fed- cers and staff will retire. Like the rail- ingredient for the continuation of com- gallons for combination trucks. These eral laws intended to govern railroads roads, the union is losing a large por- petent and professional union repre- statistics demonstrate how increased and railroad employees. There have tion of its work force and will be look- sentation of our members. reliance on rail transportation can con- been a number of new passenger rail ing to train and motivate a number of Recognizing the urgent need to tribute to the overall goals of a “green operations that have been created as new union leaders. Fortunately, the prepare for our future needs the economy” by reducing fuel usage, non-railroad operations, even in situa- BMWED has a BMWED has made local leadership reducing emissions, and reducing con- tions where the service is provided on pool of more than education a priority. President gestion on our nation’s highways. rail lines that are owned, or were 35,000 prospec- Simpson has designated a new The productivity of rail employees owned, by a railroad and are still being tive applicants to Director of Education, Gregory Kreie, also contributes to the overall health of used for interstate freight and passen- draw from - the with a singular focus on membership the economy and the viability of the ger operations. The result has been membership. education. Local Lodge Leadership industry. Employee productivity in the that persons performing railroad work Beginning in Seminars have been initiated in an railroad industry increased by 42 per- on these lines are not covered by rail- 2004, the nation's effort to provide Local Chairman and cent between 1997 and 2006, far out- road laws, rates of pay and benefits. railroads began Secretary-Treasurer training. And, pacing productivity in other sectors of Good railroad jobs are being undercut hiring new employ- many of the federations have initiated the economy and proving rail employ- by these schemes. Long-term railroad ees in large num- their own training programs focused ees to be among the most productive employees are being denied employ- bers. Some sources speculated that on union leadership training. workers in America. BMWED also tes- ment on lines they have worked and the railroads would hire as many as However, all of the training and tified that reasonable railroad wages maintained for decades, and safety is 80,000 new employees extending over encouragement in the world will be of and benefits provided under union con- compromised when railroad operations a six-year period from 2004 through no use unless you, the membership, tracts benefit the economy by helping and maintenance functions on individ- 2010. While the economic downturn take the initiative and get involved sustain middle class families and giving ual lines are contracted to multiple enti- will probably have some impact on with your local lodge or federation. them the means to own a home, pur- ties and no one entity has overall those numbers, we know that the The livelihood of working men and chase durable goods, and provide responsibility or accountability for safe- BMWED's rank and file has already women are improved economically and higher education for their children. ty. BMWED encouraged the taken on a different look. In large mea- personally as members of a union. Collective bargaining in the railroad Subcommittee to put an end to these sure, our members are younger and in Even those who have not yet had an industry as of 2007 resulted in a $11.6 corporate schemes and assure that all many cases college educated. It opportunity to be a part of a union ben- billion payroll for approximately 167,000 railroad operations, both freight and reminds me of the old adage, “Out with efit because many employers are overwhelmingly unionized rail employ- passenger, remain subject to all laws, the old and in with the new.” Maybe a forced to compete with union employ- ees of the nation’s Class I railroads. regulations, and statues applicable to better way of stating it would be,“We’re ers for workers. In order to continue Collective bargaining also resulted in railroads and railroad employees. losing a lot of experience and we need the good fight we need new blood and these employees being covered by a BMWED commended the to prepare for the future.” new ideas. I would ask each of you to national health insurance plan that paid Subcommittee for its work in the last With nearly 38 years of railroad get involved with your union. If you out approximately $1.7 billion in health Congress in passing the Passenger seniority and 30 years as a full-time have no interest in a leadership role, at benefits to rail workers and their Rail Investment and Improvement Act union officer, I've seen a lot of least support your local lodge and dependants in 2008. These collectively of 2008. The Act provides generous changes in both the railroad industry make your voice heard. bargained benefits reduce the burden multi-year authorization for Amtrak cap- and within the BMWED. Careers with Randy Cook, Vice President on local and state governments already ital improvements and establishes a both have become increasingly more Southeast Region saddled with the cost of caring for the coherent plan for the development and challenging and sophisticated over Member Rail Conference uninsured and the underemployed. growth of Amtrak which will ease trans- the past years. Encouraging partici- Policy Committee

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JANUARY/FEBRUARY 2009 9 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Vice Chairman LEGAL AID PROGRAM LIST Guy Sackett Retires isted below is an updated list of the approved attorneys Moody, Strople, Kloeppel, Rossi, Cox & Vucinovich, P.C. & Higginbotham, Inc. 5000 Central Park Drive llied Federation Vice Chairman Lin the BMWED’s Legal Aid Program who can be called 500 Crawford Street, Suite 300 Suite 204 AGuy Sackett retired effective on for advice and assistance when needed in case of on- Portsmouth, VA 23704 Lincoln, NE 68504 October 31, 2008 after almost 39 the-job personal injury or death. TELEPHONE: (757) 393-4093 (402) 434-9288 years with the BMWED. BMWED members who are injured on the job, or the FAX: 757-397-7257 www.rcvpc.com TOLL FREE Prior to his dependents of members killed as a result of such injuries, NATIONAL: (800) 368-1033 Rossi, Cox & Vucinovich, P.C. career, both should ascertain their rights and protections under the www.moodyrrlaw.com 10900 NE 8th Street with the rail- Suite 1122 Federal Employers’ Liability Act (FELA) before attempting road and the any settlement with a railroad company. Moody, Strople & Kloeppel Bellevue, WA 98004-4456 (425) 646-8003 BMWED, Under the Legal Aid Program, in case of personal injury & Higginbotham Inc. 7400 Baymeadow Way, Suite 105 FAX: 425-646-8004 Brother or death while employed on a railroad, a BMWED member Jacksonville, Florida 32256 TOLL FREE Sackett or his family has access to competent legal counsel in mak- TELEPHONE: 904-256-0018 (866) 357-RAIL (7245) www.rcvpc.com served in the ing claims under the FELA. FAX: 904-256-0019 U. S. Army The BMWED-approved legal aid attorneys are well quali- TOLL FREE NATIONAL: (800) 368-1033 Thornton & Naumes, LLP from January fied to handle cases under the FELA. www.moodyrrlaw.com 100 Summer Street, 30th Floor 1966 until Boston, MA 02110 TELEPHONE: (617) 720-1333 Guy Sackett October 1969. Blunt & Slocomb, Ltd. Hubbell, Peak, O’Neal, Napier Moody, Strople & Kloeppel Brother 60 Edwardsville Professional Park & Leach & Higginbotham Inc. FAX: 617-720-2445 P. O. Box 373 Union Station 1201 Peachtree Street, N.E. TOLL FREE Sackett was deployed to Vietnam in Edwardsville, IL 62025 30 West Pershing Road, Suite 350 400 Colony Square, Suite 200 NATIONAL: (800) 431-4600 1967, 1968 and 1969. TELEPHONE: (618) 656-7744 Kansas City, MO 64108-2463 Atlanta, GA 30361 www.tenlaw.com Brother Sackett began his career FAX: (618) 656-7849 TELEPHONE: (816) 221-5666 TELEPHONE: 404-870-9020 with the Kansas City Southern TOLL FREE FAX: 816-221-5259 FAX: 770-373-4905 NATIONAL: (800) 323-5538 TOLL FREE TOLL FREE: (888) 358-6894 Railway on February 2, 1970 in www.bluntlaw.com NATIONAL: (800) 821-5257 www.moodyrrlaw.com We Want To Hear Gentry, Kansas as a trackman. He www.hubbellfirm.com served as Secretary-Treasurer for The Crow Law Firm Pratt & Tobin, P.C. From You Local Lodge 1540 before transferring 700 “E” Street Ingebritson & Associates, P.A. P. O. Box 179 membership to Local Lodge 564. In Sacramento, CA 95814 Attorneys at Law Route 111 at Airline Drive f you have a special January 1985, Brother Sackett was TELEPHONE: (916) 441-2980 Suite 1025 Medical Arts Bldg. East Alton, IL 62024 Ihobby or talent, hold pub- FAX: 916-441-3846 825 Nicollet Mall TELEPHONE: (618) 259-8011 lic office, or you would like elected to a full-time position with the TOLL FREE Minneapolis, MN 55402 TOLL FREE to share your hunting or BMWE. He has held the positions of NATIONAL: (800) 345-2889 TELEPHONE: (612) 340-8290 (800) 851-5562 Vice Chairman, Assistant General www.crowlaw.com FAX: 612-342-2990 fishing stories, we would like TOLL FREE Rossi, Cox & Vucinovich, P.C. to hear from you. Share Chairman and First Vice Chairman Daniel J. Downes, P.C. NATIONAL: (800) 282-6393 3801 E. Florida Avenue, Suite 905 your story with our BMWED with the former Missouri Pacific 111 W. Washington Street, Denver, CO 80210-2500 Brothers and Sisters in the Federation and most recently with the Suite 1100 Johnson & Hatch TELEPHONE: (303) 366-3501 BMWED Journal. Allied Federation. Chicago, IL 60602-2705 10 West Broadway, Suite 400 FAX: (303) 759-3180 Please send us your “Guy has been a dedicated advo- TELEPHONE: (312) 781-1852 Salt Lake City, UT 84101 TOLL FREE: (800) 325-4014 pictures or brief details cate for labor for almost 39 years and FAX: 312-781-1854 TELEPHONE: (801) 363-6363 www.rcvpc.com along with a name, address TOLL FREE FAX: 801-363-6666 and telephone number. You has worked full-time doing nothing (800) 624-2121 Rossi, Cox & Vucinovich, P.C. else for the past 24 years”, said Allied [email protected] Jones, Granger, Tramuto, Christy may email, or send by U.S. 1345 Corporate Center Curve Mail to the following: Federation General Chairman Dennis & Halstead Suite 101 Daniel J. Downes, P.C. P. O. Box 4340 Eagan, MN 55121 [email protected] Albers. “It will be impossible to 2400 Lake Park Drive, Suite 105 Houston, TX 77210-4340 TELEPHONE: (651) 688-7699 Or, replace the knowledge and experi- Smyrna, GA 30080 TELEPHONE: (713) 668-0230 Fax: 651-688-7785 ence that Guy has provided this BMWED Journal TELEPHONE: (404) 872-7759 FAX: 713-956-7139 TOLL FREE c/o Randall Brassell Brotherhood.” FAX: 404-872-9430 TOLL FREE NATIONAL (866) 900-FELA (3352) Brother Sackett and his wife Pam TOLL FREE TX ONLY: (800) 392-0620 www.rcvpc.com 242 West Main Street, #394 (888) 753-0533 NATIONAL: (800) 231-3359 Hendersonville, TN 37075 plan to spend their retirement in [email protected] www.jonesgranger.com Riverside, Missouri. Why Choose A BMWED-Designated FELA Attorney? NOTICE In this day of specialization, most try these lawsuits against the able railroad • Must have an established record of lawyers, like most doctors and other pro- counsel or too willing to settle a case for a successful litigation experience. Article XV, Section 8 - fessionals, tend to specialize. If you have quick dollar.” • Must furnish National Division with a tax problems, you go to a lawyer who Since most people don’t deal with summary of cases handled (insofar as Transfer Refunds knows the tax laws. If you have family lawyers except in a time of need, the such disclosure is consistent with “attor- matters to be handled, you go to a lawyer BMWED has a long-standing policy of ney-client” privilege). Sec. 8. Refunds of monthly who knows the laws about wills, estates, evaluating FELA law firms. Using estab- • Must charge a contingency fee of no dues, fees and assessments for probate, divorce, etc. That is why, if you’re lished guidelines, the BMWED chooses more than 25 percent. those who transfer outside the injured on the railroad, you need to go to the best to be on its approved or desig- • Must give injured members free jurisdiction of BMWED will only a lawyer who knows the Federal nated list which is printed twice yearly in advice in connection with their injury and be allowed for the months fol- Employers’ Liability Act (FELA). the BMWED Journal. render free assistance to them in related lowing the month the applicable FELA became law in 1908. Under Criteria used for evaluating FELA law matters. General Chairman involved FELA, an injured railroad employee or firms include: Because the BMWED recognizes the his/her family survivors have the right to importance of competent and fair legal receives a written request recover damages in court (state or feder- counsel for its members, it regularly moni- and/or a valid revocation of the vision—IBT loyes D i al). They have the right to a jury trial ay Emp tors the activities of the law firms on its list Dues Deduction Agreement Official Nationalntenance Division of W Credentialapproved counsel tative of nvestigate which can award damages based upon therhood of Mai a represen on and makes changes when needed. wage assignment authorization. Bro horized as consult and i expires aut Employes to credential credential is of Way e the railroad’s negligence that resulted in members. Th If you do not have a copy of the A notice pertaining to the The bearer of this d of Maintenanceinjury to our the employee’s injury or death. the B rotherhoo approved list of attorneys when you need by involving death or ked. ______Brotherhood’s dues refund accidents unless revo 1, 2 010 ______Choosing a BMWED-designated FELA January ______it, just call your system division or federa- Bylaws provision will be pub- ______tion office and they will give you names attorney is important because, as one ______lished semi-annually in the court case stated, “injured workers or their Issued to ______and other necessary information. In addi- ______Secretary-Treasurer Report of Title ______families often fall prey ... to persuasive ______tion, all approved attorneys are issued offi- ______the Journal or its successor irm ______claims adjusters eager to gain a quick and F ______surer cial BMWED credentials each year. If an ______/Secretary-Trea publication. Signed __ r, Sr. cheap settlement for their railroad employ- ______Perry K. Gelle attorney contacts you, be sure to ask for nt ______/Preside ers, or to a lawyer either not competent to Simpson his credential. Freddie N.

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

10 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

Rail Safety Bill Continued from Page 1 Roadway Worker Hoffa Continued from Page 4 to workers from cargoes. fatally injured employees tested posi- Continued from Page 2 We opened our borders to dangerous The FRA was mandated to increase tive for marijuana, with use probably on Mexican trucks and our markets to its enforcement efforts by hiring 200 the day of the accident. The Safety Full Compliance Saves Lives Chinese goods, but we didn’t require more rail safety inspectors and support Board thereafter reviewed industry- Compliance with the RWP regula- them to meet U.S. standards. staff over four years as well as chang- wide post accident test data for acci- tions is mandatory under Federal Law Somehow we forgot that our prosper- ing how it measures safety improve- dents involving maintenance-of-way and employees and employers can be ity and growth depended on a solid ment and its reporting functions to employee fatalities. Post accident test held individually liable and subject to industrial base. In the name of a pleas- Congress. data provided to the Board by the FRA civil penalties for violation of the RWP ant fantasy called “free-trade” we sent Rail carriers are now required to show that over the 10-year period end- regulations. Most importantly, full com- our factories overseas and pauperized install positive train control (PTC) tech- ing January 9, 2007 (the date of this pliance is the means to achieve zero the workers left behind. Regulatory nology by December 31, 2015 on all accident), the post accident testing of Roadway Worker fatalities and end the agencies created to serve and protect main-line tracks where passenger and 26 maintenance-of-way fatalities result- cycle of death and serious injury. the middle class were allowed to atro- commuter railroads operate; ed in 5 positive test results, a 19.23 During 2003-2004, there were no phy. Our infrastructure crumbled. Congress also included the remain- percent positive rate. NTSB noted that Roadway Worker fatalities for a period I have confidence that President der of BMWED who were not already the positive rate for maintenance-of- of almost eighteen months, so we know Obama understands the cause and the safety-sensitive positions into provi- way employees is in marked contrast to that zero fatalities is achievable. consequence of our decay. Obama sions requiring all maintenance of way the post accident test results of cov- Productivity can never be allowed to said he’ll review bad trade deals like employees and contractors to be ered employees currently subject to take precedence over on-track safety. It NAFTA, and I believe him. I also expect placed under federal random drug and random testing (train, engine, dispatch- is a known fact that BMWED crews are him to support reforms that set stan- alcohol testing by October 2010; ing and signal). The Safety Board con- being worked shorthanded across the dards for trade agreements, restore Congress addressed the persistent cluded that post accident test data for country and that railroads are continu- congressional oversight and require underfunding of Amtrak by enacting fatally injured railroad employees indi- ally pushing for more production, often reviews of existing trade pacts. provisions authorizing $13.1 billion in cate greater alcohol and drug use at the expense of safety. Shortages in I expect him to start the long, slow passenger-rail spending over the next among maintenance-of-way employees manpower, tools, equipment, and track process of restoring our regulatory five years. Three-fourths of that amount than among railroad employees subject & time are not the responsibility of agencies so they do what they were is for Amtrak operations, capital and to random and post accident testing Roadway Workers, and we cannot supposed to do. He has, for example, debt service. While states can spend requirements. The Safety Board also allow these factors to influence our pledged that he will close the border some of the money on other rail lines, concluded that the FRA’s random alco- level of on-track safety protection. to dangerous Mexican trucks. He is no Amtrak would get at least an average hol and drug testing program has been Remember, full compliance saves lives. foe of regulation, having said that flex- of $1.93 billion in annual subsidies, up a deterrent to alcohol and drug use by ible and sensitive regulation can spur from $1.3 billion now. Note, the law covered employees, as evidenced by An Injury to One is an Injury to All private sector innovation and invest- authorizes expenditures up to those their significantly lower positive rate in Every day, Roadway Workers make ment in the energy sector. amounts; however, the actual dollar post accident tests than maintenance- important safety decisions about track He supports the most significant amounts provided to Amtrak each year of-way employees who are not subject quality, slow orders, train speeds and labor law reform in decades: the is part of the appropriation process to random testing. Thus, the NTSB rec- conducting MW operations in a safe, Employee Free Choice Act. Passage that can result in amounts less than ommendations to FRA included the fol- efficient, and productive manner. How- of that bill will restore some balance the maximum “authorized” amounts. lowing: ever, of all the safety-critical decisions to the relationship between Wall Additional detail on some of the pro- • “Revise the definition of “covered you make each day, nothing is more Street and workers. Incoming Labor visions is: employee” under 49 Code of Federal important than those decisions you Secretary Hilda Solis will revive Track Inspection Study Regulations Part 219 for purposes of make relative to on-track safety protec- OSHA and fine abusive employers. Within two years the Secretary of Congressionally mandated alcohol and tion. BMWED members know that we Of course, President Obama’s first Transportation shall complete a study controlled substances testing programs cannot leave on-track safety up to the order of business must be to resusci- to determine: to encompass all employees and railroads. We must all be our “brothers’ tate the economy. Then he has to re- • Whether intervals of track inspec- agents performing safety-sensitive keeper,” watch each other’s back, and store our ability to make things. And he tions for each class of track should be functions, as described in 49 Code of insist on full compliance with Roadway has to revitalize our government institu- amended; Federal Regulations 209.301 and Worker Protection every hour of every tions and rebuild our infrastructure. • Whether track remedial action 209.303.” day when we are out on the track. Fraternally, requirements should be amended; While the FRA has not yet acted on Nothing is more important to your fami- James P. Hoffa • Whether different track inspection the NTSB recommendation, Congress ly, your co-workers, and your union. Teamsters General President and repair priorities or methods should has now signed into law the following be required; language contained in Section 412 of • Whether the speed at which track the Rail Safety Improvement Act of sleeping quarters through the use of ferees were convinced by persons inspection vehicles operate and the 2008: camp cars, as defined in Appendix C unknown that it was acceptable to scope of the territory they generally • “Not later than 2 years following to part 228 of title 49 of the Code of reduce the protections for employees in cover are appropriate for proper the date of enactment of this Act, the federal Regulations, for employees camp cars below that previously inspection, and whether such inspec- Secretary of Transportation shall com- and any individuals employed to passed by both chambers. tion speed and territory scope should plete a rulemaking proceeding to revise maintain the right of way of a railroad Who actually was involved in this be regulated. the regulations prescribed under sec- carrier. process is unknown because the con- Not later than two years after the tion 20140 of title 49, The Senate also passed companion ference process is not public and those completion of the study, the Secretary Code, to cover all employees of rail- legislation in the Senate version of a legislative decisions are made in com- of Transportation shall prescribe regu- road carriers and contractors or sub- rail safety bill. While Section 410 in the plete privacy and anonymity. Although lations based upon the results of the contractors to railroad carriers who per- Senate Bill eliminated the House ver- the bill does mandate some improve- study. form maintenance-of-way activities. sion’s outright ban on camp cars, the ments by requiring indoor toilet facili- Drug and Alcohol Random Testing Camp Cars legislation still granted discretion to the ties, potable water, and other features Secretary of Transportation to outlaw to protect the health of employees The provisions of the law mandating The final statutory language is a dis- the use of camp cars. However, when housed in camp cars, it falls far short of maintenance of way employees and appointing substantial weakening of the two competing Bills went to a joint BMWED goals. BMWED is very disap- contractors to be placed under random language originally contained in the Bill House-Senate conference, the provi- pointed by the weak language on camp drug and alcohol testing by October that passed the House in 2007. That sions of both Section 202 in the House cars in the final bill and will continue its 2010, has its origins in the January legislation, which was strongly support- Bill and Section 410 in the Senate Bill decades-long efforts to gain safe, sani- 2007 fatal accident on the ed by BMWED, contained the following were superseded by the even more tary, restful, healthful, and appropriate Massachusetts Bay Commuter provision in Section 202 providing for railroad-friendly language contained in lodging for all BMWED members. Railroad where 2 employees were the elimination of camp cars: the present law that does not ban BMWED will continue to monitor killed and several others seriously • Camp Cars- Effective 12 months camp cars outright nor even provide for implementation of the Rail Safety injured. The National Transportation after the date of enactment of this their discretionary ban; but merely Improvement Act and periodically Safety Board investigated that tragic subsection, a railroad carrier and its includes additional health and safety report on its implementation and accident and found that one of the officers and agents may not provide standards for them. Obviously, the con- impact in future editions of the Journal.

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

JANUARY/FEBRUARY 2009 11 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Sol Hammons Jr. Deceased Leon Fenhaus Appointed Director of Government Affairs The BMWED is sad to announce resident Freddie Simpson has the death of Brother Sol Hammons Pnamed former Assistant to the who passed away at home Friday, President Leon Fenhaus to head the January 23, 2009 at the age of 77. Brotherhood’s Legislative Brother Hammons was born October Department, headquartered in 22, 1931 and was a resident of Washington, DC. Brother Fenhaus Kansas City, Missouri. He previously replaces retiring Director of served the BMWED as Vice President Government Affairs Danny Gates. of the Southwest Region until the time A former Track Department employ- of his retirement September 1, 1994. ee on the C&NW Railroad, Brother Having entered service on the for- Fenhaus has served the Brotherhood mer Wabash Railroad as a B&B for more than 36 years in both the Helper in July, 1950 he was quickly legislative and the protective side of promoted to the position of Crane the BMWED. Over the years he has Operator. In 1952 he took leave from held a variety of former positions with the railroad in order to enter the mili- the Brotherhood including; C&NW tary where he served in the Korean System Local Lodge 960 Secretary War. He left the military in 1954 and Treasurer and Legislative Delegate, returned to railroad service and his Sol Hammons South Dakota State Legislative Leon Fenhaus position as Crane Operator. Representative, C&NW System Vice In 1970 Brother Hammons was elect- Brother Hammons was a life-time Chairman, C&NW System General experience and knowledge to head ed to the position of Local Chairman for member of the BMWED and is a pre- Chairman, BMWED National Division that department,” said BMWED BMWE Lodge 301 and also to the vious recipient of a 50 year BMWED Vice President for the Northwest National Division President Freddie Wabash Federation Joint Protective Merit Award. Brother Hammons had Region, and most recently Assistant Simpson. “I have no doubt he will do Board. He served in those positions remained active as a retired member to the President. a great job serving in this capacity.” until 1972 when he was elected to of the BMWED until the final days of “Leon has always had a keen inter- Brother Fenhaus began his new serve out the unexpired term of his battle with cancer. est in legislative issues and has the duties on January 1, 2009. Wabash Federation General Chairman. “Sol was a true friend to the men He was reelected to the General and women of the BMWED and con- Chairman position in 1974, 1978 and sistently illustrated this through his 1982 and served in that position for 14 dedication and service to their well- Centenarians years until he was elected Vice being,” said National Division “Happy Birthday” wishes to the following BMWED retiree who recently cel- President for the Southwest Region in President Freddie Simpson. “Sol ebrated his 100th birthday: 1986. Brother Hammons served as dedicated his life to this organization Vice President until his retirement in and to our members. I am proud to Bernard C. Barkow 1994. He also served for many years have had Sol as a friend and I am An Athens, Wisconsin resident, Brother Barkow celebrated his 100th as the Chairman of the Southwest saddened by his passing.” birthday on January 5, 2009. He last worked for the Soo Line Railroad Region Association and served on Brother Hammons is survived by Company as a Section Foreman. numerous Grand Lodge Preconvention his three children, Nancy Lewis, Julie The BMWED extends its sincere best wishes. Happy Birthday! Committees. Bodine and Gary Hammons.

Periodicals Postage Brotherhood of Maintenance of Way Employes Division PAID 20300 Civic Center Drive Southfield, Michigan Suite 320 and additional offices Southfield, Michigan 48076-4169

recycled paper ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★

122 BMWED JOURNAL