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

Volume 118 ■ Number 3 www.bmwe.org May/June 2009 MIDWEST SYSTEM FEDERATION RATIFIES AGREEMENTS BMWED Members Reach Agreements on both the Soo Line and the LS&I Railroads he Brotherhood of Maintenance of The new deal with Soo will provide TWay Employes, Midwest System for current and retroactive wage Federation membership finalized ratifi- increases of 17% over the life of the cation of its Tentative Agreements with contract. In addition all rates of pay both the Soo Line Railroad and the will be adjusted upward by 95 cents Lake Superior & Ishpeming Railroad. in June 2009 and a special wage On April 24, 2009, at the close of adjustment to all rates will take place the business day, the vote was count- in June as well. Effective as soon as ed and the Soo Line Agreement was possible after July 1, 2009 the ratified by an overwhelming margin. BMWED members at Soo will be There was a 79% ballot return with transferred under the National Health 84% of those voting in favor of the and Welfare Plan. The agreement Agreement. BMWED members at also provides for a number of rules LS&I also ratified their agreement. changes and binding arbitration on a The Soo tentative Agreement was remaining four issues. reached on Wednesday, March 18, After four years of bargaining, 2009 after a framework for a settle- agreement was also finally reached ment had been reached on February with LS&I and ratified by the mem- 20, 2009. bers. The new agreement, which is “I am very gratified with the fact that scheduled to expire at the end of we had such a positive response from 2009 also provides for general wage Midwest System Federation General Chairman Mark Wimmer, left, reviews our members,” said Midwest System increases (including retroactive) of new contract with Assistant General Chairman Gene Bell. Federation General Chairman Mark 17% over the five year period. This and Welfare Plan but administered by Mark Wimmer. “I know at times it was Wimmer. “The last fifty months of bar- will mean an accumulative increase a local third party administrator. very frustrating but we stuck together gaining has been a long hard road for averaging 18.3% over the five year “I have to thank all of our members and got the job done.” us to get to this point. Our members period. The agreement was also at both the Soo Line and the LS&I for Approximately 500 of the MIdwest at Soo have been very patient and at changed to include the members at supporting each other and their bar- System Federation members will be least 84% of them think we got it LS&I under coverage that is virtually gaining unit throughout the tedious affected by the new deals reached right.” identical to that of the National Health process,” offered General Chairman with Soo Line and LS&I Railroad. BMWED TO CONDUCT SURVEY OF TRACK INSPECTORS Survey Data to Document “Real World” Inspection Challenges he BMWED will soon be mailing a conducting their own independent railroad operations, and the BMWED the scope of the territory they general- Tsurvey form for the purpose of evaluation of track inspection under survey will be used as a means to ly cover allow for proper inspection of documenting the daily challenges and a mandate contained in the Rail identify problems and improve condi- the track and whether such speed and obstacles confronting track inspec- Safety Improvement Act (RSIA) of tions under which visual track inspec- appropriate scope should be regulat- tors. The survey is intended to pro- 2008. As president, I believe tions are conducted.” ed by the Secretary.” vide BMWED track inspectors with an strongly that it is in the best interest As background, the RSIA requires FRA has been charged by the independent and anonymous means of our track inspectors for BMWED the Secretary of Transportation, by Secretary to fulfill the RSIA mandate to document the “real world” chal- to directly and independently solicit Oct. 2010, to transmit to both the and issue a report to Congress. FRA lenges and pressures they face in their views so that we can represent House and the Senate “a report con- will likely contract with a third party performing quality and thorough track those views in future legislation or taining the results of a study to deter- polling firm to conduct interviews inspections under part 213.7 of the rulemaking by the Congress and/or mine whether— and/or surveys with a limited number Track Safety Standards. FRA.” (1) the required intervals of track of track inspectors in response to the “Data derived from our survey will “Our highly skilled and dedicated inspections for each class of track RSIA mandate. While it is unclear at allow us to bring the views and per- track inspectors are routinely used should be amended; this time exactly what questions the spectives of BMWED track inspec- as scapegoats to be blamed every (2) track remedial action should be FRA will ask track inspectors or what tors directly to lawmakers and deci- time there is a derailment or track amended; the Congress will do with the FRA sion makers on Capitol Hill and at caused accident,” said BMWED (3) different track inspection and report, it is clear that BMWED must the Federal Railroad Administration Director of Safety Rick Inclima. repair priorities or methods should be be positioned to influence a positive (FRA),” said President Freddie “Both BMWED and the Congress required; and outcome for our track inspectors and Simpson. “This is particularly impor- recognize the importance of quality (4) the speed at which railroad rail safety. tant given the fact that FRA will be track inspections to the safety of track inspection vehicles operate and See Survey on Page 11

★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Benefit Rate Increase for Railroad Unemployment and Sickness Benefits he maximum daily benefit rate an employee must have had railroad mail, unemployment claimants can other business with the RRB over the Tpayable for claims under the earnings of at least $3,200 in calen- instead file applications online. Internet. Employees are encouraged Railroad Unemployment Insurance dar year 2008, not counting more than Likewise, subsequent biweekly claims to initiate an online account while still Act increases to $64 from $61 in the $1,280 for any month. Those who for unemployment benefits may be employed so the account is estab- new benefit year, which begins July 1, were first employed in the rail industry filed online rather than through the lished if they ever need to use these 2009. Benefits are normally paid for in 2008 must also have at least five mail and employees can also access or other select RRB Internet services. the number of days of unemployment months of creditable railroad service information about their individual rail- Employees who have already estab- or sickness over four in 14-day regis- in 2008. road unemployment insurance lished online accounts do not need to tration periods, so maximum benefits Under certain conditions, employees account statements online. These do so again. Although claimants can- for biweekly claims will total $640. with 10 or more years of service who account statements provide a sum- not currently file applications or During the first 14-day claim period do not qualify in the new benefit year mary of the unemployment and sick- biweekly claims for railroad sickness in a benefit year, benefits are payable on the basis of their 2008 earnings ness benefits paid under the Railroad benefits over the Internet, the RRB is for each day of unemployment or sick- may still be able to receive benefits Unemployment Insurance Act to rail planning to add the online filing of ness in excess of seven, rather than after June 30, 2009. Ten-year employ- employees. sickness claims in the future. four, which, in effect, provides a one- ees who received normal benefits in To access these online services, Claimants with questions about week waiting period. Initial sickness the benefit year ending June 30, 2009, employees must first establish an unemployment or sickness benefits claims must also begin with four con- might still be eligible for extended bene- RRB Internet Services account. For should contact an RRB office by call- secutive days of sickness. However, fits, and ten-year employees may be security purposes, first time users ing toll free at 1-877-772-5772. only one waiting period is required eligible for accelerated benefits if they must apply for a Password Request Claimants can also find the address during any period of continuing unem- have rail earnings of at least $3,325 in Code, which they will receive by mail of the RRB office serving their area ployment or sickness, even if that 2009, not counting earnings of more in about 10 business days. To do and get information about their claims period continues into a subsequent than $1,330 a month. this, employees should click on and benefit payments by calling this benefit year. Claimants already on Application forms for unemployment “Benefit Online Services” and select toll-free number. Most RRB offices the rolls will, therefore, normally not and sickness benefits may be “request a PRC.” Once employees are open to the public from 9:00 a.m. be required to serve another waiting obtained from railroad employers, rail- establish their online accounts, they to 3:30 p.m., Monday through Friday, period because of the onset of the road labor organizations, any Railroad will be able to file their applications except on Federal holidays. Field new benefit year. Retirement Board (RRB) office, or the and biweekly claims for unemploy- office locations can also be found by To qualify for normal railroad unem- agency’s Web site at www.rrb.gov. ment benefits as well as conduct visiting www.rrb.gov. ployment or sickness benefits in the Also, as an alternative to applying for benefit year beginning July 1, 2009, unemployment benefits through the

BMWE Division Reduced Federal Income Tax JOURNAL CONTENTS Withholding for Many RRB Annuitants May./June 2009 ■ BMWE DIVISION JOURNAL ■ VOLUME 118 ■ NUMBER 3 The BMWED Journal is the official news publication of the Brotherhood of Maintenance of Way Employes Division he Railroad Retirement Board the RRB withholds taxes as if the of the International Brotherhood of Teamsters T(RRB) has adjusted the railroad annuitant were married and claim- ing 3 allowances. The annual Freddie N. Simpson Perry K. Geller, Sr. Randall Brassell retirement benefits of almost President and Editor Secretary-Treasurer Associate Editor 130,000 beneficiaries to apply the threshold amount for 2009 had The BMWED Journal (ISSN 1049-3921 /USPS 067640) is published bi-monthly-6 times annually at 20300 Civic new Federal income tax withhold- originally been set at $1,584.51. Center Drive, Suite 320, Southfield, Michigan 48076-4169. Periodicals postage paid at Southfield, Michigan and ing rate as required under the The Recovery Act increased the additional mailing offices. American Recovery and 2009 threshold amount to ATTENTION POSTMASTER: Reinvestment Act of 2009 $2,230.51. Send address changes to BMWED, 20300 Civic Center Drive, Suite 320, Southfield, Michigan 48076-4169. (Recovery Act). Form RRB W-4P, Withholding Subscription Price: U.S. and Canada—$20.00 (U.S.) per year, in advance. The Internal Revenue Service Certificate For Railroad Retirement (IRS) revised the income tax with- Payments, is used by U.S. citizens www.bmwe.org holding rates and tables that are or legal residents for U.S. tax pur- Midwest System Federation Secretary-Treasurer’s Report 5 used to calculate Federal income poses. Annuitants can use Form Ratifies Agreements 1 A Vice President Speaks 5 taxes for United States citizens RRB W-4P to request: • no Federal taxes be withheld BMWED To Conduct Survey Around The Brotherhood 6 based on tax cuts in the Recovery Of Track Inspectors 1 Act. from their railroad retirement Railroad Retirement Board Information payments, Benefit Rate Increase for Related to the American Recovery The RRB implemented the new Railroad Unemployment and Reinvestment Act of 2009 7 tax tables beginning with monthly • Federal taxes be withheld based on the marital status and Sickness Benefits 2 Posas Brothers Can Cook 8 payments received on April 1, 2009. The new rates apply to with- and the number of allowances Reduced Federal Income Tax Administrative Accountant 8 Withholding for Many holding from the non-social security they want to claim, RRB Annuitants 2 Centenarians 8 equivalent benefit (NSSEB) portion • an additional amount be with- RRB Issuing Statements Danger Zone — The of tier 1, tier 2, vested dual bene- held from their railroad retire- of Service 3 Potential to Foul 9 fits, and supplemental annuity pay- ment payments. Union Plus Financial Help What Is The Railway Labor ments. The revised tax tables will Annuitants who wish to adjust Available to Tackle Hospital Act and How Does It Work 9 remain in use for the remainder of withholding from their NSSEB and Health Care Costs 3 Roll of Honor 10 2009. tier 2 benefits, vested dual benefit, President’s Perspective 4 Death Benefits 11 In the absence of a request not and supplemental annuity pay- Message from Teamsters Words of Wisdom 11 to withhold Federal income tax or ments must complete Form RRB General President Jim Hoffa 4 BMWED Legislative Issues – to withhold tax at specific amounts, W-4P and send it to the RRB. An 110th Congress 12 the RRB will withhold taxes only if annuitant is not required to file the combined portions of the Form RRB W-4P. NSSEB portion of tier 1, tier 2, Annuitants who have questions vested dual benefit, and supple- regarding their tax liability should mental annuity payments are contact the nearest office of the equal to or greater than an annual IRS or visit their Web site at threshold amount. In that case, www.irs.gov. © BMWED 2009 All rights reserved.

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2 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ RRB Issuing Statements of Service

ach year, the U.S. Railroad Filing these proofs with the RRB in ployment insurance account state- name just as it appears on the ERetirement Board (RRB) prepares advance will streamline the benefit ments through the RRB’s Web site. Form BA-6 or a previously fur- a “Certificate of Service Months and application process and prevent pay- To use these additional online ser- nished printout of service and Compensation” (Form BA-6) for every ment delays. vices, an employee must first estab- compensation, along with the other railroad employee who received cred- For employees who received sepa- lish an RRB Internet Services requested information. itable railroad compensation in the ration or severance payments, the account. For security purposes, first Any other discrepancies in Form previous calendar year. The forms section of the form designated time users must apply for a Password BA-6 should be reported promptly in will be mailed to employees by the “Taxable Amount” shows the amounts Request Code, which they will receive writing to: Protest Unit-CESC, U.S. RRB during the first half of June. of any separation allowance or sever- by mail in about 10 business days. Railroad Retirement Board, 844 While every effort has been made ance payments that were subject to To do this, employees should click on North Rush Street, Chicago, Illinois to compile and keep current the railroad retirement tier II taxes. This “Benefit Online Services” and select 60611-2092. The employee must addresses of all active railroad information is shown on the form “request a PRC.” include his or her social security employees, those for whom com- because a lump sum, approximating Employees can also request that number in the letter. Form BA-6 also pensation was reported in 2008 but part or all of the tier II taxes deduct- printouts of their individual railroad explains what other documentation who have not received Form BA-6 ed from such payments made after retirement records of service months and information should be provided. by July 1, or need a replacement, 1984 which did not provide additional and compensation be mailed to The law limits to four years the period should contact the nearest RRB tier II credits, may be payable by the them. A PIN/Password is not during which corrections can be field office. RRB upon retirement to qualified required to use this service. It can made. Form BA-6 provides employees employees or to survivors if the be accessed simply by visiting For most employees, the address of with a record of their railroad retire- employee dies before retirement. www.rrb.gov, clicking on “Benefit the RRB office serving their area is ment service and compensation. The amount of an allowance included Online Services” and selecting the provided on the form along with the While the form has no cash value, in an employee’s regular compensa- “Request Service & Compensation RRB’s nationwide toll-free number the information shown is used to tion is shown under “Compensation History” option. (1-877-772-5772). Most RRB offices determine whether an employee Amount.” If the employee’s name was in- are open to the public from 9:00 a.m. qualifies for benefits and the amount Form BA-6 also shows, in the sec- complete on Form BA-6, and he or to 3:30 p.m., Monday through Friday, of those benefits. tion designated “Employee she has not yet contacted an RRB except on Federal holidays. It is important that employees Contributions,” the cumulative amount field office to correct it, the employee To view sample Form BA-6, click on review their Form BA-6 to see of tier II railroad retirement payroll should enter his or her first and or type the address shown below: whether their own records of service taxes paid by the employee over and middle initials and his or her sur- http://www.rrb.gov/pdf/opa/pr0905.pdf months and creditable compensation above tier I social security equivalent agree with the figures shown on the payroll taxes. While the RRB does form. In checking the 2008 compen- not collect or maintain payroll tax sation total, employees should be information, the agency computes this Union Plus Financial Help Available to aware that only annual earnings up amount from its compensation to $102,000 were creditable for rail- records in order to advise retired road retirement purposes in that year, employees of their payroll tax contri- Tackle Hospital Health Care Costs and that $102,000 is the maximum butions for Federal income tax pur- amount shown on the form. To assist poses. s hospital costs soar and prescriptions, food, and other employees in reviewing their service Employees should check their Ahealth insurance coverage household expenses. It was such a credits, the form also shows service name, address, birth date and sex tightens, more American families big relief after I used the $1,000 to credited on a month-by-month basis shown at the top of the form. The than ever before are being thrown pay off what I owed for the for 2007, 2006, and 2005, when the social security number box has been into a financial tailspin. Unexpect- surgery.” creditable compensation maximums removed from the form, although the ed health care costs are the The Hospital Care Grants are were $97,500, $94,200, and $90,000, last 4 digits of the social security number one cause of bankruptcy part of a new $3 million safety net respectively. In addition, the form number are still displayed above the with 1.5 million American fam- initiative introduced this year by identifies the employers reporting the employee’s name. If only the first five ilies losing their homes every Union Plus to assist union mem- employee’s 2008 service and com- letters of the employee’s surname are year due to unaffordable medical bers facing financial hardship dur- pensation. shown or his or her birth date shows costs. ing the recession. Union SAFE Besides the months of service as 99- 9999, and the sex code shows Passing comprehensive health provides a wide array of benefits, reported by employers, Form BA-6 as U(nknown), it means the RRB is care reform is essential, but for including financial counseling, col- shows the number of any additional verifying his or her social security immediate financial relief, Union lege savings grants, disability service months deemed by the RRB. number with the Social Security Plus is providing $1,000 Hospital assistance, and help aimed at Deemed service months may be cred- Administration. Otherwise, if the per- Care Grants to help union fam- fighting foreclosure. ited under certain conditions for an sonal identifying information is incor- ilies who are saddled with steep Union members who have had employee who did not work in all 12 rect or incomplete (generally cases hospital bills. The grant money, a Union Plus Credit Card, months of the year, but had creditable where the employee’s surname has which never needs to be re- Mortgage, or Insurance policy tier II earnings exceeding monthly more than 10 letters and the form paid, helps union families get a for one year and who face out-of- prorations of the creditable tier II shows only the first 10 letters) or handle on household bills and pocket hospital expenses (after earnings maximum for the year. the address is not correct, the gain some much-needed peace of insurance) that are at least 10% However, the total of reported and employee should contact an RRB mind. of household income for a hospital- deemed service months may never field office. The field office can then Union member Kristan McArthur, ization of the union member, exceed 12 in a calendar year; and no correct the RRB’s records. This is of Dallas, GA, says the $1,000 spouse or dependent within the service months, reported or deemed, important in order to prevent identity grant she received helped her cope last 12 months are eligible to apply can be credited after retirement, sev- or security-related problems that with the emotional and financial for grants. erance, resignation, discharge, or could arise if the employee wants to stress she suffered following The Hospital Care Grant is just death. use certain Internet services available surgery to repair a crushed ankle- one of the many ways that Union Form BA-6 also shows the number on the RRB’s Web site at bone. Plus is working to keep union of months of verified military service www.rrb.gov. “The Union Plus Grant helped members healthy – both physically creditable as service under the Employees may view their railroad me a lot,” McArthur says. “There and financially. Railroad Retirement Act, if the service retirement service and compensation was a lot of pressure on me to For more information and to was previously reported to the RRB. records, get estimates of their future pay off the hospital bills, but how apply for a Hospital Care Grant, Employees are encouraged to submit annuities, apply for, as well as claim, could I do that when I wasn’t even visit www.UnionPlus.org/ proofs of age and/or military service railroad unemployment benefits, and able to work? I still had to pay for HospitalGrant. in advance of their actual retirement. access their individual railroad unem-

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MAY/JUNE 2009 3 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ PRESIDENT’S PERSPECTIVE

n April 16, 2009, President Obama held a press conference in OWashington, D.C. to announce his vision to build a network of high- speed rail corridors across America. This vision, coupled with $8 billion in funds earmarked for intercity passenger rail and high speed passenger rail in the American Recovery & Reinvestment Act of 2009 (“ARRA”), is the first major government investment for building a passenger rail transportation network in the U.S. since the creation of Amtrak over 30 years ago. The plan’s near-term goal is to establish Freddie N. Simpson 100-600 mile corridors connecting U.S. cities and communities. Ten existing freight rail routes have been identified under the plan as suitable candi- into the hearts of cities and towns were people can engage in business, com- dates for high-speed rail development. The longer-term vision of the Obama merce and leisure. President Obama said, “Imagine boarding a train in the cen- plan is to identify other routes, perhaps brand new lines or corridors, for the ter of a city. No racing to an airport and across a terminal, no delays, no sitting development of true high-speed rail similar to those operating in Europe and on the tarmac, no lost luggage, no taking off your shoes. Imagine whisking Japan. through towns at speeds over 100 MPH, walking only a few steps to public Initial funding for this strategic plan to develop high-speed passenger rail will transportation, and ending up just blocks from your destination. Now, all of you begin with the $8 billion already authorized under the ARRA. This investment know this is not some fanciful, pie-in-the-sky vision of the future. It is happening will be augmented by an additional $1 billion per year for passenger rail in the right now. It’s been happening for decades. The problem is, it’s been happening President’s proposed budgets for fiscal years 2010 through 2014. President elsewhere, not here” in America. Obama acknowledged these funds are just a “down payment” to the long-term I wholeheartedly agree with President Obama and his vision for a balanced goal of establishing a high-speed passenger rail network. These funds for devel- transportation system that includes expanding the vast potential of high-speed oping new high-speed rail corridors are in addition to the $1.3 billion appropriat- rail. It is long overdue. For the past eight years, we have had a president who ed to Amtrak under the ARRA for improving existing service and security and loathed federal investment in passenger rail and made yearly attempts to kill off bringing Amtrak’s Northeast Corridor between Washington, D.C. and Boston, MA Amtrak, America’s only national passenger railroad. But now we are poised to into a state of good repair. move high-speed passenger rail into the mainstream. Passenger rail is no The strategic plan announced by the White House calls for the rebuilding of longer a dirty word, and BMWED intends to play a key role in making the existing rail infrastructure to support new high-speed passenger rail service at President’s vision for high-speed passenger rail a reality. BMWED members speeds initially targeted for 90 MPH and increasing to 110 MPH as infrastructure have the skills, knowledge, and ability to perform the track work necessary to and train control systems are upgraded and improved. Higher speed rail will safely support a network of high-speed rail corridors nationwide. For years, come with time and a long-term investment. The way I see this strategic plan, it BMWED members in Amtrak’s Northeast Corridor have been maintaining the has the potential to be a win-win for all involved by finally placing high-speed rail tracks and related infrastructure that support train speeds of up to 150 MPH. transportation on par with other modes as part of a balanced transportation net- However, we are also aware that we will have to fight to gain our full share of work. Freight railroads will benefit from significant government investment in this new construction and maintenance work and I pledge to you that BMWED railroad infrastructure to upgrade existing tracks and increase capacity to sup- will do everything necessary to assure a substantial portion of this work accrues port high-speed rail. Railroad workers, including members of the BMWED, will to BMWED members. Our Brotherhood will remain active on Capitol Hill to realize expanded work opportunities rebuilding and maintaining the infrastruc- lobby for a significant share of new construction and the maintenance of these ture that will support expanded high-speed service. The American public will high-speed passenger corridors. We will sit down with the freight railroads in benefit from increased mobility, reduced congestion on our highways and at our order to protect our members’ rights to perform this work safely and efficiently. airports, and a reduction in destructive greenhouse emissions. And our nation And we will work with the White House and the Federal Railroad Administration will be provided additional options for safe, fast, and reliable transportation that to help direct stimulus funds to those corridors which have the greatest potential will reduce pollution and our dependence on foreign oil. for success in establishing high-speed passenger rail and creating and maintain- The beauty of train travel is that it has the potential to transport people directly ing jobs for our membership. Message from Teamsters General President Jim Hoffa

Cross Border Battle all along that the program should be toward the big-business concerns of n March 16, the Mexican govern- halted until the numerous safety, potential trade wars with our Mexican Oment announced that they will security, environmental and driver- neighbors. apply tariffs to 90 U.S. agricultural training issues were resolved. More Instead of applying tariffs to the and industrial products from 40 than 15 years have gone by since U.S. exports, the Mexican govern- states. This was done in direct retalia- NAFTA was passed, and still Mexico ment should consider better training tion to the wise decision of Congress has failed to meet their end of the bar- for their drivers. They should con- and the Obama administration to gain – something the press seems to sider that their drivers should not terminate the North American Trade be missing. be driven to the point of exhaustion Agreement’s (NAFTA) truck pilot (there are no hours-of-service program begun by the Bush adminis- Congress Halts Program regulations for Mexican drivers). tration. National publications are reporting The Mexican government should con- The Teamsters have remained on about the Mexican tariffs, but many of sider sending their drivers in cleaner, the forefront of the fight against cross- the news pieces are missing the point. safer trucks, not trucks with bald tires border trucking with Mexico because Few are actually talking about why and emitting dirty diesel fumes into we know firsthand how unsafe they Congress moved to halt the program. the air. would make U.S. highways. We said Instead, the publications are slanted See Hoffa on Page 11

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

any of us within the railroad industry have personally known someone Mwho has been killed in an on-the-job accident or heard the sad story about a friend of a friend whose life was cut short under such tragic circumstances. Sometimes the story makes the local news, but most of the time the news of these tragic events is simply whispered to the grieving family with no public mention and no public memorial. Those whose lives have been lost in workplace accidents are men and women just like us; people dedicated to their jobs and to the welfare and prosperity Perry K. Geller, Sr. of their families.

While we all intend on making it place safety and health, collective wish that the hands and the mortar- remain a living, breathing work in home from work each evening, we bargaining, and organized labor. boards of masons and bricklayers will progress, dedicated to the honor and understand all too well that tragedy Most of the workers’ national be idled as soon as the memorial is memory of those whose lives are lost can strike without warning and lives memorial will be constructed of simple completed and that no other bricks and to the coworkers, friends, and can be lost on the job. It happens bricks which will be replaced over will need to be laid. loved ones they leave behind. nearly 6,000 times per year in work- time, one-by-one, with those engraved Unfortunately, history tells us that In honor of those who have per- places across the United States. with the names of fallen workers. For this memorial will never quite be com- ished in the line of duty: Stay strong, Tragically, twelve railroad workers a contribution of $125.00, a brick can pleted. The worker’s memorial will stay safe, and stay united. have already lost their lives in on-the- be purchased in the name a fallen job accidents during the first 5 months Brother or Sister who died on the job of 2009. And for each workplace or from work-related dangers. death, there are undoubtedly many Several bricks have already been pur- A Vice President Speaks more close calls which by sheer luck chased for fallen rail workers by con- or divine providence had not resulted tributions donated by rail union mem- t’s that time again and we are gear- through the process, (this is not to in a tragedy. Just think about how bers attending the Railworkers’ Iing up for another battle at the say that any of the past contract bar- many close calls you’ve personally Hazmat Training seminars held on the National bargaining table. It seems we gaining campaigns have been just been involved in or witnessed during NLC campus several times each year. are no sooner through the last round alike). However, many of our mem- your career. This is the stark and Each memorial brick bears the name and it is time for the next. Question- bers have not been through an entire harsh reality that railroad employees of a fallen worker, the date of death aires have been sent out to the mem- round of bargaining under the RLA. live with every single day. and the name of their union or occu- bership with more We have a large number of new Faced with this reality, we are com- pation. Any member, Lodge, or to follow, meetings members with varying backgrounds. mitted to doing everything possible to System Federation/Division wishing to are being conduct- Some have had union experiences in improve the safety of rail workers and dedicate an individual brick for a fallen ed to discuss the other work places, some have not. all workers in all workplaces through- Brother or Sister can go to pending Section 6 Most likely, very few are familiar with out the United States. We are also http://www.nlc.edu/wmd_brick_form.p Notice (bargaining the Railway Labor Act or how it committed to honoring the memory of df. The college will keep track of the demands), discus- works. Most people not familiar with those killed on the job by helping to location of each memorial brick, and sions are being the RLA tend to think that rail bar- establish a fitting memorial to the vic- publish a directory of the names. conducted gaining is like traditional contract bar- tims of unsafe workplaces, work prac- Running through the monument will between the differ- gaining and are not aware that rail- tices, operating rules, and manage- be numerous granite benches, each ent rail crafts and road and airline employees are cov- ment directives. engraved with a special memorial everyone is looking toward the next ered under a completely different law. The National Labor College (NLC) message from supporting unions and round of bargaining. The simplest explanation of the RLA in Silver Spring, MD will soon be the organizations. I am proud to Obviously, proper preparation is key is that it was enacted in 1926 to pro- proud home of the only national mon- announce that the BMWED, with the to a successful effort but the most vide stability in the industry. And ument dedicated to workers killed on full support of the National Division important ingredient is the feed-back unlike the National Labor Relations the job. This new, national memorial Officers, has purchased one of these and input received from our rank and Act (NLRB) it takes a much more will be a fitting and lasting tribute to granite benches as a prominent and file members. It is important that involved approach in the way the par- all workers who have met their lasting tribute to members of the each member take the time to ties conduct collective bargaining. untimely demise, including all those BMWED who have paid the ultimate respond to questionnaires, attend We are educated about these issues BMWED members whose lives have price. The BMWED bench will be union meetings and voice opinions, or at Union Meetings, as well as our been lost in on-the-job accidents inscribed with the following words: just write or make a phone call to their concerns being addressed. since our founding in 1887. The “Dedicated to the memory and local representative. Having lived My years as a BMWED member memorial will also serve as a constant honor of BMWED members who through a number of contracts and and union representative has taught reminder to us that fighting for work- lost their lives in the line of duty having been involved in the bargain- me some important lessons. For place safety and health is the most building and maintaining our ing, I know how important it is to stay example, I know that participation and important thing we can do for our- nation’s railroads.” in touch with our members throughout high turn-out at local lodge meetings selves, our families and our cowork- Much of the labor for constructing the process. It is just as important translates into a more informed mem- ers. I can think of no better place to the memorial will be donated by union that our members understand the bership, as well as a more informed erect this memorial than on the craftsmen. And all the work from contract bargaining process and be union representative. The rank and peaceful grounds of the National quarrying the stone, to firing and aware of how it works. file are the eyes and ears of this Labor College where thousands of engraving the bricks, to transporting Those of us who have been around Brotherhood and it is important for BMWED members and other union- the materials to the site of the memor- long enough to have gone through a the representative to hear from the ists have studied and learned about ial, will be done by union members. couple of national agreements have members. labor/management relations, work- As I write this column, I can’t help but some idea of what to expect as we go See Vice President on Page 11

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MAY/JUNE 2009 5 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ AROUND THE BROTHERHOOD BMWED Officers Meet in Kansas City IBT Rail Conference Meets On April 15, 2009, President Simpson invited all of the BMWED General The Teamster Unity Conference was held in Las Vegas, Nevada over a period Chairmen and National Division Officers to a meeting in Kansas, Missouri. The of seven days beginning May 1, 2009. Members of the IBT Rail Conference purpose of the meeting was to discuss the important issues that the BMWED decided to take advantage of the opportunity and met while the conference was will face in the coming months as preparations are made to prepare, assemble in session. and serve Sections 6 Notices (bargaining demands). Members of the Rail Conference, which includes representatives from the BMWED Officers came away from these discussions with a better grasp on BMWED, BLET and IBT International, met May 4th to continue moving the Rail the approach the Brotherhood will follow during the next several months during Conference agenda forward in the interest of the general membership of the IBT the on-going preparations. Rail Conference.

Unified System Division General Chairman Wayne Morrow discusses a point with Assistant to the President Steve Powers during a break at the Kansas City meeting. Congressman Oberstar Receives BMWED D.R.I.V.E. Pin

Northeast Regional Legislative Coordinator Jeffrey Bainter recently met with Congressman James Oberstar and presented him with a BMWED D.R.I.V.E. Pin. He, along with BMWED Director of Government Affairs Leon Fenhaus and Left to right: BMWED Southeast Region Vice President Randy Cook, Southeast Regional Legislative Coordinator Mark McCarty discussed the Employee BMWED and IBT Rail Conference Secretary-Treasurer Perry Geller, BMWED Free Choice Act and the American Recovery and Reinvestment Act with Oberstar. Western Region Vice President Dave Tanner. Congressman Oberstar, the Chairman of the Committee on Transportation and Infrastructure, is the longest serving Congressman in Minnesota history. Unified System Division Executive Committee Meet Congressman Oberstar has been in Congress since 1974 and is in his 17th term, representing the 8th District of Minnesota. The Unified System Division held it’s annual Executive Committee Meeting May 18 – 21, 2009 in San Diego, California. The purpose of the meeting was to allow the Executive Committee to review expenditures and the operations of the System for the previous year and to participate in its future direction. The committee members heard from a number of guest speakers and were provided with a general overview of the operations of the System.

Unified System Division Executive Committee, Officers and Staff. Jeff Bainter with Congressman James Oberstar. See Brotherhood on Page 10

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6 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Railroad Retirement Board Information Related to the American Recovery and Reinvestment Act of 2009 Special Extended Unemployment Benefits FAQ 1. Who will receive the special extended unemployment benefits? 9. I returned to work and am now unemployed again. Can my special extended unemployment period beginning date be changed? Railroad workers who previously were not eligible for extended unemployment benefits because they did not have 10 years of railroad service (120 cumulative It depends. Extended benefit periods are frozen periods once they are estab- service months) may be eligible for up to 65 days within an extended period lished. If you exhausted normal benefits and did not receive any extended consisting of 7 consecutive 2-week registration periods. unemployment benefits, we can change the beginning date of your special extended unemployment benefit period. If, however, you already received some And extended unemployment benefits but are now eligible for the additional 65 days, your extended benefit period beginning date can’t be changed. Instead, we will Railroad workers who were previously eligible for extended unemployment benefits change the ending date of your extended period to allow for the payment of any of up to 65 days may now be eligible for extended benefits of up to 130 days within additional days you may be entitled to. an extended period consisting of 13 consecutive 2-week registration periods. 10. How can I file my claims? 2. I have 8 years of railroad service and I ran out of my normal unemployment benefits on January 15, 2009. Am I eligible to receive the special extended Upon receipt of the unemployment claims, you may file your claims by mailing unemployment benefits? them to your local RRB office or by filing them over the Internet at www.rrb.gov. You will need to establish a PIN/password to file your claims over Yes, you would be eligible to receive up to 65 days within an extended period the Internet. consisting of 7 consecutive 2-week registration periods. Your extended benefit period would begin on January 16, 2009, and benefits would be payable provid- 11. What is the fastest way to get my benefits? ed that you were still unemployed and ready, willing and able to work. Filing your claims over the Internet and signing up for direct deposit help ensure 3. I have 20 years of railroad service and I exhausted my extended unemployment faster delivery of your claims and benefit payments. You should establish a benefits on February 27, 2009. Am I eligible to receive the special extended PIN/password account at www.rrb.gov now so that you can file your claims unemployment benefits? over the Internet once you receive notice that your extended period has been established. Yes, you would be eligible to receive an additional 65 days within an extended period consisting of a total of 13 consecutive 2-week registration periods. Your In addition, please notify your local RRB office if you have moved or if your extended benefit period would last an additional 7 consecutive 2-week registra- bank account information has changed. You may contact your local RRB tion periods past February 27. Benefits would be payable provided that you were office to sign up for direct deposit, make changes to your existing direct deposit still unemployed and ready, willing and able to work. information and update your address.

4. What effect will the new law have on sickness benefits? 12. When will you start paying these special benefits?

The extended unemployment benefit provisions of the American Recovery and Benefits paid under the Railroad Unemployment Insurance Act are financed from Reinvestment Act apply only to unemployment benefits. No additional extended taxes paid by railroad employers. However, these special extended unemployment sickness benefits are payable. If you have less than 10 years of service, you are benefits are being paid specifically from a $20 million appropriation provided under still not eligible for extended sickness benefits. If you have 10 or more years of the Recovery Act legislation. Many of our automated systems need to be changed service, you are still eligible to receive up to 65 days within an extended sick- to allow for this exception. We have started work on these changes and will keep ness benefit period consisting of 7 consecutive 2-week registration periods. you updated on our progress online at www.rrb.gov, and through announcements available by calling us toll-free at 1-877-772-5772 (1-877-RRB-5RRB). 5. What must I do to receive my special extended unemployment benefits? 13. What if I exhaust all of my normal, regular extended and/or special extended The Railroad Retirement Board (RRB) will mail notices to eligible employees unemployment benefits? who previously exhausted their rights to normal or extended unemployment ben- efits. The notice will provide them information about their extended unemploy- A new benefit year begins July 1, 2009. You may receive unemployment benefits ment benefit period beginning and ending dates. The RRB will also mail claim beginning July 1 or later if your railroad earnings were at least $3,200 in calen- forms for days in the extended period. If you do not receive a notice and you dar year 2008, counting no more than $1,280 a month. You can obtain an appli- believe you are eligible for these added benefits, you can contact your local cation for benefits at your local RRB office or file an application over the RRB office as outlined below. Internet at www.rrb.gov. Applications are also available through railroad employers and many labor organizations. If you file for unemployment benefits, 6. When will my special extended unemployment benefit period begin? your application must be received within 30 days of the first day for which you want to claim benefits, or you may lose benefits. In general, your special extended unemployment benefit period will begin the day after you exhausted any normal or regular extended unemployment bene- 14. Will the special extended unemployment benefits I receive because of the fits. Recovery Act count as income for federal income tax purposes?

7. What is the latest date that a special extended benefit period can begin? Yes. Under current law, all unemployment benefits are subject to taxation. We will report the amount of the special extended benefits you receive because of Special extended unemployment benefit periods can begin no later than the Recovery Act on the Form 1099-G you receive in January, along with all December 31, 2009. other railroad unemployment benefits paid to you during the previous year. Under another provision of the Recovery Act, however, there will be no federal 8. When will my special extended unemployment benefits end? income tax on the first $2,400 of unemployment benefits paid to you in 2009. This special rule applies only to unemployment benefits paid to you in 2009. Special extended unemployment benefits are being paid from the appropriation of $20 million provided by the American Recovery and Reinvestment Act. 15. How do I get more information? Payment of special unemployment benefits will stop at the end of a person’s extended unemployment benefit period or when the $20 million has been spent Please call your local RRB office toll-free at 1-877-772-5772 (1-877-RRB- – whichever comes first. 5RRB), or check our website at www.rrb.gov for further information.

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MAY/JUNE 2009 7 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Posas Brothers Can Cook f you’ve ever been to Texas you tion in a number of categories. Iknow that just behind football and Judging the meat is based on baseball, barbequing is the next aroma, appearance, texture, taste, biggest sport. Smoking meat is not and presentation of the meat. Each just a pastime in Texas, according to cooking team rubs the meat with their the Posas family - it’s an art. The own special spices and with their own reigning 3 time World Champion marinade and baste the meat during cooking king of BBQ, Eddie Posas, the cooking process with a special resides in LaGrange, Texas. Eddie the sauce or “mop”. And, the flavor may eldest and his brothers, David, Joe depend on whether they use oak, and Pete have been competing in hickory, pecan or mesquite wood cooking competition for nearly three chips. decades as the “This Is It Cooking Eddie’s cooking talents were fea- Team”. tured in a television show that was Eddie Posas, along with his broth- shot in Austin, Texas during the 2003 ers, won the Fayette County, “Area Go “Star of Texas Show and Rodeo BBQ Texan Cook-off” three years in a row Cook-Off”, after Eddie won First and each time qualified them for the Place Brisket and Second Place world championship. They started Chicken and third place in Ribs. This cooking in 1982 and in 1984 Eddie’s Cook-Off is a 50 team, invitational team won the world championship at only cook-off which means that you the “Houston Livestock Show and have to place 1st, 2nd, or 3rd at a Rodeo World Championship cook-off to be invited. This feature is Barbeque Cook-off” competing still occasionally aired on The Food against 185 entries. They returned in Network Channel. At this same com- 1985 to the World Champion Cook- petition in March 2009, Eddie won Eddie Posas on the left and Pete on the right. Off and won the title of Reserve First Place Brisket, Second Place Grand Champion which was second Chicken and 9th place ribs. place in competition against 215 other Both Eddie and Pete, better known onship event in 2010, held each year Vice Chairman in 1998 and then entries. In February 2009 Eddie, Pete as “Tootie”, took prizes at the recent in Houston, Texas. Assistant General Chairman in 2000. and Joe, with each having their own Lee County “Charcoal Challenge” in Two of the Posas brothers, Eddie Eddie retired from his position with cooking teams in tow, cooked at the May 2009 of this year. One Hundred and Pete, have been long time the BMWE in April of 2005 due to dis- World Championship in Houston TX., cooking teams participated in the BMWED members and railroaders ability and continues to reside in and together won Second Runner Up event. Eddie won first place for best while brother David worked for LaGrange, Texas with his wife Jo Brisket and Sixth overall out of 513 pit and Pete won first place for best Southern Pacific Railroad for two Helen. Eddie has one daughter entries. Eddie competes in three or chicken. Pete also was crowned years before changing careers. Michelle married to Mike Koeth and four cook-offs a year, mostly in central “Area Go Texan Champion” which will Eddie Posas started work in the two grand children a boy 5, Mike Jr. Texas and continues to win competi- qualify him for the world champi- track department at Southern Pacific and a girl, Ema 8 weeks old. Eddie’s Railroad (now Union Pacific) on grandson Mike has already won a March 11, 1974 as a Machine couple of trophies at cook-offs, so Operator Helper. He was promoted to beware a new cooker is coming ADMINISTRATIVE ACCOUNTANT Lead Machine Operator and spent a and some day may be a railroader as National Division Headquarters is seeking applicants for the position of number of years training other BMWE well. administrative accountant. Candidates should have a degree in Accounting members on the operation and main- Pete “Tootie” Posas began his rail- or Finance, with a minimum of 3-5 years experience. Excellent Microsoft tenance of roadway equipment. road career as a Machine Operator Excel, Word, Quicken and various accounting software experience a must. Eddie then moved to the bridge for Southern Pacific Railroad on July Ideal candidate will excel in their attention to detail and accuracy, be a department and after a period as an 9, 1979 and still holds that position on self-motivated, independent and well organized person able to multi-task. Assistant and then a Pile Driver a Union Pacific Southern District Engineer became Lead Pile Driver Switch Gang. Pete, also is a member Duties will include: Engineer and spent the remainder of of Local Lodge 1338, held the position his railroad career training Pile Driver of Local Lodge Vice President from • Maintain bookkeeping and accounting records for 401K, pension and Operators. 1996 until 2008. investments. Eddie, a member of Local Lodge When Pete is not on the road, hunt- • Various general accounting tasks as required. 1338 of the Southern Pacific Atlantic ing or fishing, he resides in Giddings, • Assist the Executive Assistant to the Secretary-Treasurer and Federation, was first elected to the Texas with his wife Wanona, sons Controller with projects and assignments as requested. position of Local Lodge District Pete Jr. and Joshua, and his daughter • Maintain personnel files, oversee “new hire process” and update Chairman in 1988 until being elected Lindsey. Pete has one grandson, human resource related forms as needed. the BMWE’s Texas State Legislative Logan. • Provide administrative support for the Secretary-Treasurer, Executive Director. He held that position for Anyone interested in visiting Assistant to the Secretary-Treasurer and Controller. seven years. In 1996 he was elected Eddie Posas’ website can contact • Help to create and maintain new accounting policies and procedures as Second Vice Chairman followed by him at www.myspace.com/this_ manual. his election to the position of First is_it_bbqteam • Maintain confidentiality.

If you are energetic, self-confident, motivated and well-organized, we would like to hear from you as soon as possible. Benefit package includes Centenarians health, dental and optical insurance. Salary is commensurate with experi- “Happy Birthday” wishes to the following BMWED retiree who recently ence. celebrated his 100th birthday:

Please send resume to: George H. Dickson A New Concord, Ohio resident, Brother Dickson celebrated his 100th Job Opening, BMWED birthday on April 6, 2009. He last worked for the Baltimore & Ohio Railway 20300 Civic Center Dr., Suite 320 Company as a Trackman. Southfield, MI. 48076-4169 The BMWED extends its sincere best wishes. Happy Birthday!

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8 BMWED JOURNAL ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Danger Zone — The Potential to Foul he BMWED Department of Safety a track that the individual or equip- of an individual or equipment within present at the worksite and the nature Thas received numerous calls and ment could be struck by a moving four feet of the field side of the of the work being performed. All emails from concerned BMWED train or on-track equipment, or in any near running rail.” But it does Roadway Workers-In-Charge (RWIC) members and officers regarding the case is within four feet of the field not state that. The definition clearly and every Roadway Worker are conflicting messages being sent to side of the near running rail.” recognizes that persons or equip- strongly encouraged to err on the side the field by certain railroad manage- (Emphasis added) ment located beyond the four foot of safety every time and any time the ments regarding “the potential to The FRA definition of fouling a measurement but otherwise posi- “potential” to foul a track is deter- foul” a track. Some railroads do not track is inclusive of any “individual or tioned “in such proximity” to a track mined to exist. adequately address the clear and item of equipment in such proximity to could also be struck by a train or Here is one scenario: A boom truck present danger surrounding the a track that the individual or equip- on-track equipment under certain parks five feet from the near running “potential to foul.” And members on ment could be struck….” In the opin- conditions. rail. Under the FRA definition of “foul- at least one railroad, the BNSF, ion of BMWED, the term “in such Turning to another FRA definition, ing a track,” the truck is positioned have advised that their carrier has proximity” is a clear recognition of the the definition of Roadway Worker outside the four foot measurement or soon will remove current refer- “potential” to foul. makes specific reference to “the and is theoretically in the clear, even ences to the “potential to foul” in its The FRA definition of fouling a potential” to foul under 49 CFR, Part though it would not be unreasonable Roadway Worker Protection (RWP) track unequivocally confirms that the 214.7 Definitions: for the involved workers to determine training and related documents. area “within four feet of the field side “Roadway Worker means any that the truck or the workers are posi- BMWED believes that ignoring or min- of the near running rail” is within the employee of a railroad, or of a con- tioned in such proximity to a track that imizing the substantial dangers asso- fouling space and persons or equip- tractor to a railroad, whose duties they could be struck. Now let’s say ciated with the “potential to foul” is ment positioned within that four foot include inspection, construction, that the boom truck operator is going both a foolish and dangerous mistake fouling envelope will be struck by a maintenance or repair of railroad to off-load a rail from the boom truck. which threatens the lives of BMWED passing train or on-track equipment. track, bridges, roadway, signal and The operator does not anticipate the members. However, it is the opinion of the communication systems, electric trac- rail or the boom moving into the four As you are undoubtedly aware, the BMWED that the definition of fouling tion systems, roadway facilities or foot fouling envelope, but the potential Federal Railroad Administration (FRA) a track also includes the area im- roadway maintenance machinery on to foul clearly exists because the is solely responsible for interpreting mediately beyond the four foot or near the track or with the potential equipment and the materials being and enforcing its regulations; however, fouling envelope where individuals of fouling a track, and flagmen and handled are positioned “in such prox- BMWED does have a very strong or equipment in such proximity to a watchmen/lookouts as defined in the imity to a track” that they could be opinion concerning references to the track could be struck. Individuals section.” (Emphasis added) struck. Under this scenario, the boom “potential to foul” under the Roadway and equipment positioned outside It is clear that the definition of truck operator or RWIC must establish Worker Protection regulations. the four foot measurement but “in Roadway Worker includes employees on-track safety protection because the The RWP regulations do not specif- such proximity to a track that they or contractors on or near the track or potential to foul exists. ically define what constitutes the could be struck” must therefore be with the potential to foul a track. It is Here is another common scenario: “potential to foul.” The regulation protected. the opinion of BMWED that the term A backhoe is digging a trench parallel does, however, define fouling a track It is clear to BMWED that the defin- “potential to foul” was left purposely to the track and is positioned 5 feet under 49 CFR, Part 214.7 Definitions ition of fouling a track is not strictly ambiguous under the regulation to from the near running rail. The back- as follows: limited to the area within four feet of provide Roadway Workers in the field hoe is theoretically “in the clear” but “Fouling a track means the the near running rail. If that were the the ability to make case-by-case certainly has the potential to foul placement of an individual or an case, the definition would simply read determinations regarding the potential because it is positioned “in such prox- item of equipment in such proximity to “Fouling a track means the placement to foul based upon specific conditions See Danger Zone on Page 11 What Is The Railway Labor Act and How Does It Work his Fall, the Union will begin bar- the moratorium period expires, the obligated to maintain the status quo; od”, after which they can exercise self Tgaining with the country’s major agreements can be amended, but oth- however, if the ten days pass without help. railroads as well as the nation’s rail erwise remain in effect as previously Board intervention, the Union and At the end of the 30 day cooling off passenger railroad – Amtrak. All of agreed to until changes are agreed Railroad can exercise self help. Self period, the President has discretion to this bargaining will be subject to the upon. This is the “status quo”you help after termination of conferences appoint an Emergency Board to Railway Labor Act, the federal law often hear about. This November, the happens very rarely as the party who investigate the dispute and provide a which governs labor relations in the Union will be able to serve written received the notice of termination of recommendation to settle the dispute. rail and airline industries. notices on the railroads, and the rail- conferences almost always seeks the During the time the Emergency Board The Railway Labor Act is the coun- roads in turn on the Union, seeking Board’s intervention. investigates the dispute and for anoth- try’s oldest labor law, first passed in modifications to the agreements. Once the Board assumes jurisdic- er 30 day cooling off period following 1926 and substantially amended in These notices are required by Section tion, it is granted extreme latitude in issuance of the Board’s report, the 1934, the Act is unique in that the 6 of the Act and the notices are com- its handling of the parties during parties must maintain the status quo. 1926 version was the product of an monly called “Section 6 notices.” mediation. The parties may remain in While the Emergency Board report is agreement between labor and man- After the parties serve Section 6 mediation for an extended period. For not binding on the parties, Congress agement enacted into law by notices, they begin the bargaining example, BMWED was in mediation often uses the recommendation to Congress. The Railway Labor Act fol- processes set forth in the Act. During with Amtrak for over seven years legislate a resolution to the dispute, if lowed several very unsuccessful that period, the parties must maintain before a new contract was executed in the parties engage in self help follow- attempts to govern railroad labor rela- the “status quo”, which means the early 2008. However, at some point, if ing the end of the 30 day cooling off tions, the last of which, the Union cannot strike and the Railroad the parties cannot reach agreement period. A very good example of such Transportation Act of 1920, led to the cannot change terms in the agree- and the Board determines it cannot action is Congress’s imposition of the Shopmen’s Strike of 1922, a two-year ment or lock out employees. If the get the parties to an agreement, the PEB 219 recommendations upon the losing struggle which took the shop- parties cannot reach agreement, Board will proffer binding interest arbi- Union in 1991. craft unions a generation to restore either party may terminate confer- tration as a means of ending the dis- The point of this discussion is to let their position within the industry. ences. Once this termination is pute. Interest arbitration is a process you know that bargaining under the Under the Railway Labor Act, announced, either party has ten days where a third party issues a decision Railway Labor Act can take many agreements do not expire. Instead, to invoke the services of the National which imposes a new agreement on months to complete. Indeed, in 1969, agreements generally run for a period Mediation Board, an independent fed- the parties. Under the Railway Labor the Supreme Court characterized of years; the “moratorium” period eral agency, to assist the parties in Act, interest arbitration is voluntary, if these bargaining processes as “pur- where the parties agree they can’t continuing bargaining. If the Board one party refuses to arbitrate, the par- posefully long and drawn out” and seek to change the agreements. After becomes involved, the parties are ties enter a 30 day “cooling off peri- See Labor Act on Page 11

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Steven G. Clewell BURL 0798 1977 Artemio Cervantes ICGF 0469 1987 Scott A. Bradley BURL 1832 1998 John Coffman AF-SE 1064 1977 Anthony Chorak ICGF 0469 1989 James F. Breckenridge BURL 0798 1990 Dennis L. Cohagan BURL 0798 1975 Curtis R. Clary AF-SE 1064 1981 Douglas L. Bryant ICGF 0469 1992 ROLL OF Eric D. Corrill USD-W 0216 1978 Eldon D. Cunningham BURL 0798 1980 John L. Byrnes BURL 0798 1995 Tommy E. Davis AF-SE 1064 1977 Kenneth R. Dearing ICGF 0469 1982 Rodger L. Coon BURL 0798 1992 Miguel Diaz ICGF 0469 1979 Okey C. Delaney III AF-SE 1064 1982 John C. Cromer BURL 0798 1995 Joseph Ellul ICGF 0469 1979 Sheldon W. Engle ICGF 0469 1981 Anthony M. Cruciani ICGF 0469 1995 John E. Feuerer PENN 3063 1975 Kenneth Ford ICGF 0469 1981 Scott R. Curley BURL 0798 1996 HONOR Dwight L. Foutch BURL 0798 1975 Le Roy R. Frank ICGF 0469 1988 Martin W. Devito ICGF 0469 1995 Rodger W. Freeman BURL 0798 1973 Donald S. Galligan ICGF 0469 1989 Daniel Estrada ICGF 0469 1996 Amos Fulford ICGF 0469 1979 Michael O. Gillette BURL 0798 1980 Michael A. Folden USD-W 0134 1998 Donald E. Furrow BURL 0798 1973 Jose J. Jauregui ICGF 0469 1988 Seth K. Frazee USD-W 0941 1998 Robyn L. Gerdes BURL 0798 1977 Juventino Lara ICGF 0469 1987 Robert M. Freeny ICGF 0469 1992 Ward G. Grade Jr BURL 1832 1977 Daniel C. Linstrot ICGF 0469 1987 Nelson Guitron ICGF 0469 1997 Jeffrey Griffin PENN 3063 1974 Jorge C. Ortiz ICGF 0469 1988 Larry C. Harper ICGF 0469 1992 Michael J. Hagarty PENN 3063 1975 Manual M. Palacios ICGF 0469 1987 Robert J. Hoerner ICGF 0469 1995 Michael J. Hagarty PENN 3063 1975 Guillermo Palomo ICGF 0469 1988 Maurice Jackson C&EI 0063 1997 year Mark S. Hartman BURL 0798 1976 Abel L. Pantoja ICGF 0469 1982 Nathan L. Johnson BURL 0798 1993 James F. Hays BURL 0798 1976 Miguel Perez ICGF 0469 1987 Delbert L. Jones ICGF 0469 1998 Pedro G. Herrera BURL 0798 1976 Donald J. Petrie ICGF 0469 1989 Kurt A. Kroner ICGF 0469 1989 60 Matthew S. Hooker CRSF 1980 2007 Juan J. Rivera ICGF 0469 1981 Marty B. Lopez USD-W 1216 1998 MERIT AWARDS John J. Hopkins PENN 3063 1974 Juan M. Rosales ICGF 0469 1987 Brian L. Lowery BURL 0798 1992 Dale R. Hopping BURL 0798 1976 Randy A. Rutledge BURL 0798 1983 David J. Mahoney BURL 0798 1994 LODGE MEMBER Ernest R. Hulstrom BURL 0798 1978 Frank Smith ICGF 0469 1988 Jose Medina ICGF 0469 1996 NAME SYSTEM NUMBER SINCE Saul R. Interial BURL 0798 1976 William V. Szendzial ICGF 0469 1988 Lester L. Miller BURL 0798 1990 C. B. Hedges BURL 0798 1947 Marshall L. Jackson BURL 0798 1977 Fidel G. Tejeda ICGF 0469 1988 Hector A. Munoz ICGF 0469 1995 Ralph Johnson PENN 3063 1937 Roger H. Johnson PENN 3063 1977 Rick C. Van Meter ICGF 0469 1986 Kecia D. Pugh BURL 0798 1993 Steve C. Martinez ICGF 0469 1952 Stephen G. Johnson BURL 0798 1976 Thomas E. Young ICGF 0469 1988 Bradley W. Ralston BURL 0798 1994 Walter A. Pfefferle BURL 0798 1947 Lynn N. Jones ICGF 0469 1978 Richard D. Younge BURL 0798 1981 Scott D. Ralston BURL 0798 1990 Cecil A. Schmidt BURL 0798 1941 David R. Keever BURL 0798 1977 Jose L. Ramirez ICGF 0469 1993 Milton L. Spangler BURL 0798 1941 Lester L. Lafferty AF-SE 1064 1979 Darin A. Ringo ICGF 0469 1995 James A. St Clair BURL 0798 1943 Gregg M. Lannholm BURL 0798 1979 Griffin Ringo ICGF 0469 1992 Daniel J. Lauer PENN 3063 1974 Phillip J. Rodriguez ICGF 0469 1990 Carmon K. Loui BURL 0798 1975 Martin W. Seiboldt BURL 0798 1990 Arthur G. Mac Bain PENN 3063 1976 Derek C. Shoemaker C&EI 1003 1998 Patrick R. Mac Neill PENN 3063 1976 year James E. Smith Jr BURL 0798 1990 Roger L. Mc Dermott USD-W 0899 1979 Todd N. Sorensen PACFED 1834 1998 Bobby G. Mc Elhenney ICGF 0616 1978 10 Leonard E. Stockdale BURL 0798 1996 year Dennis L. Mc Kee BURL 0798 1976 MERIT AWARDS Gary E. Tinsley ICGF 0469 1998 Michael A. Medina BURL 0798 1976 Carlos Torres ICGF 0469 1992 Alfredo Melesio ICGF 0469 1970 Michael C. Ward BURL 0798 1990 50 Abraham G. Mendoza BURL 0798 1975 LODGE MEMBER Mark D. White C&EI 0041 1998 MERIT AWARDS Carl E. Miller PENN 3063 1975 NAME SYSTEM NUMBER SINCE Ted E. Wisniewski ICGF 0469 1996 Steven E. Miller BURL 0798 1976 Carlos P. Andrews USD-W 1216 1998 Roland G. Yelm BURL 0798 1990 LODGE MEMBER Saul Z. Montoya ICGF 0469 1977 Doug W. Bertelsen BURL 0798 1990 NAME SYSTEM NUMBER SINCE Hayward L. Moore PENN 3063 1976 Ronald Roewer USD-NW 2853 1959 Howard C. Muchow BURL 0798 1976 Ray S. St Clair BURL 0798 1956 Robert L. Myers BURL 0798 1975 Continued from Page 6 John J. Yates BURL 0798 1955 Stephen W. Nelson BURL 0798 1973 AROUND THE BROTHERHOOD Alberto H. Nevarez BURL 0798 1975 William D. Oehlert BURL 0798 1975 Johnny Oeth III BURL 0798 1977 BMWED Members Attend Hazardous Material Training Michael A. Paris BURL 1832 1977 Jeffrey R. Pearce BURL 0798 1978 BMWED Members from around the country attended the Railworkers’ Leland W. Pendergrass BURL 0798 1974 year Dallas L. Peterson BURL 0798 1972 Hazardous Material Training Program offered at the National Labor College in John J. Petroski USD-W 0686 1979 Silver Springs, Maryland April 26 - May 1, 2009. The course is funded by a Tim P. Petty ICGF 0469 1971 federal grant from the Naional Institute of Environmental Health Sciences 40 Gary E. Pherigo BURL 0798 1976 MERIT AWARDS Dewey R. Prescott BURL 0798 1974 (NIEHS) in partnership with the National Labor College and eight rail unions. Karl Prince ICGF 0469 1980 LODGE MEMBER Antonio A. Puentes ICGF 0469 1973 NAME SYSTEM NUMBER SINCE Hilario U. Quiroga ICGF 0469 1977 Kenneth A. Bridgeman BURL 1832 1967 Arturo T. Ramirez BURL 0798 1976 Myrvle L. Duvall AF-SE 1064 1968 Ramon T. Ramirez BURL 0798 1978 James Lawrence BURL 0798 1962 Robert D. Reams BURL 0798 1978 Cornelio Montoya Jr USD-W 0918 1966 Terry W. Renwick BURL 0798 1976 Kenneth W. Rainey ICGF 0469 1963 Transito Reyes ICGF 0469 1975 Manuel Zavala ICGF 0469 1968 James D. Reynolds BURL 0798 1976 Mark W. Roberts USD-W 1020 1979 Victor Rodriguez BURL 0798 1976 David D. Rogers BURL 1832 1977 Trinidad Rojas ICGF 0469 1977 Robert Romo BURL 0798 1975 Robert D. Rorick PENN 3063 1975 year Alvin L. Rushing BURL 0798 1977 Michael W. Rushing USD-W 0686 1979 30 David A. Sabo PENN 3063 1975 Robert D. Showalter BURL 0798 1974 MERIT AWARDS John H. Smith ICGF 0469 1979 Charles G. Stevenson ICGF 0469 1978 LODGE MEMBER Nieves G. Tovar ICGF 0469 1978 NAME SYSTEM NUMBER SINCE Carl S. Turner BURL 0798 1976 Row 1-(L-R) Bill Fletcher, Randall Schreck, Bob Jordan, Jackson Powell. Kevin Adams PENN 3063 1977 James W. Wells BURL 0798 1977 Row 2- Michael Lowery, BJ Griego, Bob Alley. Gale D. Adwell BURL 0798 1970 Keith L. Williams USD-W 0899 1978 Juan T. Alcantar ICGF 0469 1976 Thomas H. Wilson BURL 0798 1972 Row 3- Michael Schori, David Person, Roger Snider. Jose R. Alvarez ICGF 0469 1977 Kirk A. Wunderlich PENN 3063 1976 Luis O. Alvarez ICGF 0469 1977 Benny R. Wylie USD-W 0686 1978 Dave A. Anders BURL 0798 1973 Dave A. Anders BURL 0798 1973 LOCAL LODGES SEND US YOUR PICTURES Harold J. Arnold Jr BURL 0798 1978 Martin A. Arteaga BURL 0798 1976 If your local lodge has a special event, or you would just like to see your David C. Ashby BURL 1832 1977 local lodge members in the Journal, send us a picture with a brief descrip- David K. Ashenfelter AF-SE 1064 1977 Paul E. Barker AF-SE 1064 1974 year tion of the meeting or event. The details should include your name, tele- George N. Bell PENN 3063 1975 phone number, local lodge number and system federation. Louis R. Below PACFED 0914 1977 20 The picture along with the details may be sent by email or U. S. Mail to John T. Bokoskie USD-W 0899 1979 MERIT AWARDS Dana D. Booth AF-SE 1064 1975 the following: Harold W. Boyce AF-SE 1064 1970 [email protected] Francis J. Brown PENN 3063 1974 LODGE MEMBER Lionel W. Brown USD-W 0899 1978 NAME SYSTEM NUMBER SINCE Or, William J. Buckland CRSF 0201 1976 Miguel M. Aguilera ICGF 0469 1980 J. J. Burciaga BURL 0798 1973 Lorenzo T. Alcantar ICGF 0469 1982 BMWED Journal Paul E. Burse USD-W 0216 1979 William J. Barcus ICGF 0469 1988 c/o Randall Brassell Roy Byers USD-W 0686 1978 Roger F. Beckman AF-SE 1064 1981 Roger G. Carter BURL 0798 1976 Cornell Burton ICGF 0469 1979 242 West Main Street, #394 Joseph E. Castaldi PENN 3063 1976 David R. Butler ICGF 0469 1980 Hendersonville, TN 37075 Gregg A. Clay BURL 0798 1974 Ricardo C. Canchola PACFED 0227 1984

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SURVEY Continued from Page 1 Labor Act Continued from Page 9 Danger Zone — The Potential to Foul Continued from Page 9 The Brotherhood anticipates mail- designed to pressure the parties into imity that it could be struck,” especially clear of the track until the challenge is ing out the track inspector’s survey settling the dispute, because self-help if the digging bucket got hooked on a resolved. questionnaire with a postage paid is pushed so far into the future that it large root or boulder that shifted the FRA inspectors are expected to use return envelope to all BMWED-repre- makes more sense to make a deal backhoe towards the track. In this their best judgment regarding “proxim- sented track inspectors in July. than to hold out months or years for scenario, on-track safety protection ity” and the “potential to foul.” What BMWED will not ask respondents to the potential right to strike or lock out must be established because the constitutes proximity and potential is identify themselves by name or loca- employees. potential to foul exists. not a hard and fast rule, but rather is tion, absolutely assuring the anonymi- While one may argue the pros and In the end, the “potential to foul” a judgment call that must be based ty of all respondents. cons of the RLA and whether it is a really comes down to a judgment call upon the conditions present at the “It is vitally important to our craft and fair process for the rail unions, the by the Roadway Workers performing jobsite and the nature of the work our track inspectors that we have the BMWED has successfully improved the work. Under the law, manage- being performed. Members could be BMWED survey results in hand prior to the lives of its members and their ment cannot make the judgment from written up by FRA, or charged by rail- the commencement of any FRA rule- families consistently for more than a some front office or mandate that on- road management, even if they are making proceedings,” said President century, including the last 83 years track safety protection not be estab- located outside the four foot measure- Simpson. “The survey data will be under the RLA. lished. Establishing on-track safety is ment if it is determined that the poten- used by BMWED to document the daily the responsibility and sole purview of tial to foul exists. More importantly, challenges, pressures and obstacles Legislative Issues the Roadway Worker-In-Charge Roadway Workers positioned “in such confronting track inspectors in an effort (RWIC) and only one RWIC shall Continued from Page 12 proximity to a track” where the “poten- to improve the conditions under which have control over working limits on tial to foul” exists are at a substantial track inspections are performed. I the $8 billion in grant funds provided any one segment of track. risk of being struck and killed by pass- encourage every track inspector to fill by the American Recovery and Rein- If management tries to dictate that ing trains or equipment. out the survey and return it so that we vestment Act. BMWED representa- your crew must work without protec- BMWED strongly advises members can present “real world” views before tives were scheduled to attend six (6) tion because you are located 4’-6” to adhere to the spirit and intent of the the Congress and the Federal Railroad of the workshops. from the near running rail, the RWIC RWP regulation and not get hung up Administration in advance of anticipat- Employee Free Choice Act and/or the crew members have an on the four foot measurement. ed legislative and/or regulatory action absolute and lawfully protected right Members should establish on-track regarding track inspection.” In March 2009, the Employee Free to initiate a good faith challenge safety protection anytime and every Choice Act (S 560, HR 1409) was based upon “the potential to foul,” and time the potential to foul exists. Hoffa introduced. This legislation would to remain clear of the track until the When in doubt, members are strongly amend the National Labor Relations challenge is resolved. Of course, if advised to follow the guidance provid- Continued from Page 4 Act to establish an efficient system to the RWIC fails to provide a roadway ed in the company safety rule book: Serious Safety Concerns enable employees to form calls, join work group with on-track safety pro- “When in doubt, the safest course of or assist labor organizations, to pro- tection because the work being per- action shall be taken.” Sen. Byron Dorgan (D-ND) issued vide for mandatory injunctions for formed is 4’-6” from the near running For further information or clarifica- a statement after the Mexican truck unfair labor practices during the orga- rail, then it is the responsibility of tion, members may contact Rick announcement on tariffs, saying, nizing efforts, and for other purposes. members of the work group to initiate Inclima, BMWED Director of Safety, at “Congress shut down the pilot Although there have been signifi- a good faith challenge and remain [email protected]. Mexican trucking program over seri- cant setbacks, sponsors of the pro- ous safety concerns, and no trade labor Employee Free Choice Act agreement should obligate us to com- would make it easier to form unions promise our highway safety.” by allowing workers to organize by Words of Wisdom I could not agree more. majority sign-up, instead of being lim- “If maintenance of way employes wish to have their burdens made We stand with Congress for voting ited by their employers to secret-ballot to ban unsafe Mexican trucks as part elections. The effort to find more sup- lighter and their lives made brighter - if they wish to have their many griev- of the omnibus fiscal year 2009 port for the Employee Free Choice Act ances properly adjusted - the remedy lies within themselves. Whining will appropriations bill. There is no doubt has not been easy with the lines not help them. Prayers and petitions will be alike in vain. The only source that while the Mexican government drawn — Democrats vs. Republicans. of relief is organization. The only remedy is united, persistent action. Such boldly applies their tariffs, they would Opponents have already spent tens of action can only be had where the men engaged in it are possessed of be far better off raising their safety millions of dollars and are prepared to three sterling traits of character, to wit: courage, fidelity and fortitude - standards and meeting their obliga- spend millions more opposing the courage to undertake, fidelity to continue, and fortitude to endure without tions under NAFTA. In fact, a NAFTA Employee Free Choice Act. murmuring the trials and deprivations incident to all great movements for panel ruled in 2001 that the U.S. can At the end of March, BMWED keep the border closed because the establishment of better conditions, higher ideals and greater liberties Regional Directors Jeff Bainter and for the mass of mankind.” Mexico does not meet safety stan- Mark McCarthy actively worked on dards. - John T. Wilson Capitol Hill and met with personnel The Calcium Light - published 1901 James P. Hoffa from Senator Mitch McConnell, U.S. Teamsters General President House Reps. Brett Guthrie, Mark Schauer, John Boccieri, and André A Vice President Speaks Carson’s offices. Regional Directors Bainter and McCarty discussed the DEATH BENEFITS Continued from Page 5 BMWED’s position with regards to This round of negotiations will EFCA and other BMWED issues. have an impact on our working condi- As of April 2009, the Employee Free tions for years to come. I encourage Choice Act was placed on hold pend- Report of Claims Paid during Mar. thru Apr., 2009 each and every member to get ing action to be brought up in commit- tee after the Memorial Day break. NAME LODGE NUMBER SYSTEM NAME LODGE NUMBER SYSTEM involved in the process and stay APONTE-DIAZ 1664 NPW&LE GEORGE J. NERSEAL 0272 BURNOR involved. Attend local lodge meetings VINCENT J. BURKE 0961 BURL ALFRED MONDAY 0376 AF and stay informed. We can make this JOHN R. CANTERBURY 1832 BURL EDWARD P. MORRISSETTE 1490 MIDW the most successful bargaining round Change of DAVID CREAMER 0637 ICGF JOHN L. PALMER 0017 ICGF ever if we stay informed and stick JOSEPH G. DAIL 0563 AF ANGELO POLIGNANO 2775 CRSF THOMAS DENNIS 0711 PENN ROY SODERBERG 0144 BURNOR together. A Union is members united Address Request PEDRO C. GALLOSA 1862 PAC FED DOUGLAS TABOR 1657 CRSF together for the betterment of the FLOYD T. GUNTER 0309 BURNOR ALVIN J. WALTERS 0036 MIDW group. We all need to be involved in Please remember to notify EDGAR E. HENDRICKS 0239 USD GEORGE H. WHITE 1092 BURNOR OUR Union. your Federation office with any MELVIN E. HENRY 1058 AF JAMES E. HEWITT 0874 USD PAID MARCH 1, 2009 TO APRIL 30, 2009 $ 11,500.00 change of address or telephone WILLIAM D. JONES 1426 BURNOR AMOUNT PREVIOUSLY PAID $45,238,307.75 David D. Tanner number. JENARD M. LUNA 1082 MT&PLS TOTAL AMOUNT PAID TO DATE $45,249,807.75 Vice President, Western Region WILLIE R. MABRY 1600 FRISCO NUMBER OF CLAIMS PAID - 23

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MAY/JUNE 2009 11 ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ BMWED Legislative Issues – 110th Congress Railroad Anti-Trust Enforcement Act about and have been asking Rail support of actions of Senator John general fund to be available for high- he “Railroad Antitrust Enforce- Labor, including the BMWED and Rockefeller (D-WV) and Senator way programs. However, this would Tment Act of 2009” (S 146), spon- BLET for support in opposing S. 146. Frank Lautenberg (D-NJ) who are only apply if a surface transportation sored by Senator Herb Kohl, D-Wis., On Friday, May 29, 2009, the working on a comprehensive review of bill is not passed this year. was approved 14-0 by the Senate BMWED-IBT sent rail regulatory legis- Currently, the same trust fund pays Judiciary Committee on March 5, letters to all the lation. Their both highway and mass transit 2009. Five Republicans voted “pre- U.S. Senators urg- process will include accounts; however, it is barely support- sent,” including Senator Arlen Specter ing them to vote all stakeholders in ing its current programs. The American (PA). At that time, Specter said he against cloture on that arena: the rail- Association of State Highway and had some concerns but would not debate when and if roads, railroad Transportation believes this is not the hold up the bill. such a motion is employees, ship- way to go and would prefer passenger This legislation would strip the made on the bill. pers and the gener- rail to have its own account. antitrust exemptions applicable to rail President Simpson al public and Congressional Quarterly reported carriers under the Interstate states in this letter, attempt to fashion that the most notable increase in the Commerce Commission Termination “The problem with legislation that is proposed budget is $6.2 billion for a Act and would permit legal challenges the Bill is that it acceptable to all high-speed rail program. Of that total, in federal court for shippers who completely revers- groups and is in the $5.2 billion would come from the stim- allege they are overcharged because es current national public interest. ulus package and $1 billion is pro- they are captive to one railroad or rail transportation posed new spending. shippers who argue that “paper barri- policy and its pro- Amtrak FY 2010 Rail advocates are encouraged by ers” involved in a line sale illegally posed solution to and High-Speed support from the White House that raise the cost of their shipments. these disputes will Rail reverses President George W. Bush’s Furthermore, Justice Department create more uncer- Although it may administration opposition to funding antitrust lawyers would be able to reg- tainty and harm look like the fiscal Amtrak and passenger rail. ulate railroad mergers and rate than the purported 2010 Transportation The FRA’s proposed budget would changes. evils that it intends Director of Government Affairs, Department’s pro- increase by 71 percent from the fiscal Supporters of this legislation say to fix.” Leon Fenhaus posed budget may 2008 level. Part of that proposed railroads have used the exemption to On June 2, 2009, have similar spend- increase is attributed to the Obama unfairly raise rates. Because of merg- the Senate is scheduled to take a clo- ing levels than the previous years’ administration’s support of Amtrak, in ers, four Class I railroads provide 90 ture vote on a motion to proceed to spending levels, it does not, as the addition to the high-speed rail proposal. percent of rail transportation, which consideration of the bill. Sixty (60) proposed levels are only placeholders At press time, the FRA was con- leaves many areas with service from votes are required to limit debate and until President Obama finalizes plans ducting a series of High-Speed and only one railroad. Therefore, many proceed to consideration of the legis- to reauthorize those surface trans- Intercity Passenger Rail Workshops shippers have little or no choice but to lation. In the event a vote on the mer- portation programs that are set to in seven (7) major cities across the pay the railroad’s rate. its of S.146 does occur, BMWED has expire on September 30, 2009. county to seek input on the Interim This bill is part of the “re-regulation” requested the Senators to vote “no.” The President’s budget request Guidance FRA is required to issue for the railroads have been complaining BMWED has made this request in would allow for $36.1 billion from the See Legislative on Page 11

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