Volume 34 October 2002 Number 10 www.utuia.org www.utu.org The Official Publication of the United Transportation Union THE VOICE OF TRANSPORTATION LABOR “There can be no excuse for intimidation and harassment of injured employees because a supervisor is more concerned about a safety award than a safe workplace.” UTU International President Byron A. Boyd Jr. NewsNews && NotesNotes FRA warns rail managers Railroad fatalities rise against worker intimidation WASHINGTON, D.C. – Government data issued in mid-August indicates railroads reported fewer WASHINGTON, D.C. – Railroad manage- issues, it can prevent proper treatment besides train accidents during 2002’s first five months, ment nationwide has been put on notice by the violating a person’s privacy.” compared with the same period last year, but Federal Railroad Administration (FRA) that The agency listed specific examples of what employee and trespasser fatalities were up over intimidation and harassment of employees could constitutes intimidation or harassment “calculat- that same span, according to Progressive Railroad- result in individual liability that includes civil ed to prevent or discourage” injured employees ing magazine. Some 646 U.S. railroads reported fines and prosecution by a U.S. attorney. from receiving proper medical treatment: 5,535 accidents/incidents through May, compared FRA’s stern written warning follows discus- •Asking a physician to provide/prescribe that with 6,835 for the same 2001 period. Those rail- sions between UTU International President roads recorded 382 fatalities during 2002’s first five an injured employee take only non-prescription months, about the same as the 2001 period. Rail- Byron A. Boyd Jr., Federal Railroad Administra- drugs; roads recorded 10 employee fatalities, 43.9% more tor Allan Rutter and FRA safety chief George •Asking a physician to provide/prescribe that than the seven they recorded during 2001’s first Gavalla. Boyd told Rutter and Gavalla, “There an injured employee take only over-the-counter five months, and 17.8% more tresspasser fatalities can be no excuse for intimidation and harass- drugs sold at lower than prescription strength, but than the same period last year. ment of injured employees because a supervisor is in doses that equate to prescription strength (e.g., more concerned about a safety award than a safe requesting that a physician tell an employee to EPA warns of diesel exhaust workplace.” take three times the recommended over-the- WASHINGTON, D.C. – An Environmental Pro- Boyd provided FRA with evidence of employ- counter dosage of a painkiller when the physician tection Agency (EPA) report concludes after a ee harassment, including numerous incidents would otherwise prescribe a prescription-strength decade of study that inhaling diesel exhausts from where a carrier supervisor interfered in the emer- dosage of the drug to the employee); large trucks and other sources over time can cause gency room treatment of an injured employee. •Accompanying an injured employee into cancer, the Associated Press reported. The finding The purpose, explained Boyd, was to influence the examination room without a truly volun- is expected to buttress the government’s push to the doctor to limit treatment so that the injury reduce exhaust-pipe emissions by requiring clean- tary invitation. (An exception would be if the would not be reportable to the FRA and thus employee is unconscious or very groggy and the er-burning engines and diesel fuel with ultra-low jeopardize the railroad’s winning of a safety sulfur content. While acknowledging uncertainties supervisor is providing relevant information to about the long-term health effects of exposure to award. the attending physician. Also, if the supervisor diesel exhausts, the report said studies involving “The FRA is very concerned about injured does not intend to influence the treatment or both animal tests and occupational exposure sug- employees receiving proper medical treatment,” alter reportability, or if the supervisor is merely gest strong evidence of a cancer risk to humans. the FRA said in a letter sent to carriers. “If the injured person feels restricted in discussing these Continued on page 10 Elections in locals set for November NS shuts yard Two members In accordance with the UTU Constitution, elec- tions for certain positions as designated in Article 57, lines 1-4 and 11-12, will be held during the at UTU urging killed on the job month of November 2002. This election notice is HARRISBURG, Pa. – Norfolk Southern CLEVELAND, Ohio – Two UTU members to advise that nominations for local officers (presi- (NS) abruptly shut down Enola Yard outside were killed and one seriously injured in recent dent, vice president, secretary/treasurer, three- Harrisburg, Pa., last month after the United incidents. member board of trustees), local committee(s) of adjustment (chairperson, one or more vice chair- Transportation Union raised safety concerns A member working as a conductor on the persons and secretary), delegate and alternate del- about the design of the flat-switching facility CSXT was killed early September 2 when a rail- egate, will be accepted at all October 2002 local that opened in January, according to transporta- car attached to a CSXT train backed over him. meetings. Nominations may be filed by petition tion writer Bill Stephens at trains.com. Jerry W. Duncan, 52, a member of Local 904 at signed by at least five (5) eligible voters in the The railroad – which says the yard is safe and Evansville, Ind., was hit around 3:05 a.m. at the local, or may be made from the floor at the Octo- doesn’t require modifications – plans to reopen Atkinson Railroad Yard in Madisonville. He was ber 2002 meeting. Elections will be conducted by Enola soon, an NS official said. pronounced dead at the scene. mail ballot or at the local’s November 2002 meet- ing, dependent upon local bylaws or procedures. The UTU claims the bowl at the former Penn- Duncan reportedly was dropping off seven cars sylvania Railroad hump yard is graded too steeply at the Atkinson Yard and operating a rail switch and has caused cuts of cars to run through the when he was struck. Granddaughter earns scholarship bowl and into standing cuts of cars at the other The train was not being operated by remote end of the yard. The 14-year-old granddaughter of former UTU control, according to R.W. Marshall, Kentucky President Tom DuBose was awarded $1,500 for UTU officials pressed the matter during a reg- state legislative director, who visited the scene. educational purposes for an essay she wrote on ularly scheduled safety meeting September 11 in An Associated Press dispatch had wrongly sug- the life of her grandfather. Portions of her essay are reproduced on page 11. Continued on page 10 Continued on page 10 Around the UTU News from around the U.S. and Canada Local 17, Marshalltown, Iowa Local 590, Portage, Wisc. Nearly 100 active and retired Union Pacific At press time, Canadian Pacific Railway (CPR) employees and their families attended the local’s employees on the former Soo Line and Milwau- annual picnic, said Legislative Representative kee Road were set to participate in an emergency Bill Backoff, who thanked the local merchants response exercise, along with members of Local who donated door prizes and the designated law 911 in Minneapolis, Minn., that would involve firms who supported the event for making it a tipped tank cars, multiple fire departments, an air great success. Among those attending were Iowa rescue unit and a secret scenario that investiga- State Legislative Director Pat Hendricks, Iowa tors will be required to solve, according to Leg- 4th Congressional District Candidate John Nor- islative Representative Jerry Ott (L-911) and ris, Iowa House Representative Mark Smith, TPEL contributor Harry C. Lewis Jr. is flanked by (left) Local Chairperson Jim H. Nelson (L-590), who and National Association of Retired and Veter- U.S. National Legislative Director James M. Brunken- work together on a joint safety and health com- an Railway Employees (NARVRE) Area 4 hoefer and Assistant President Paul C. Thompson. mittee. Besides members of the two locals, others Director Ruth Elyea. participating will be officials from CPR, as well as Member’s gratitude those representing the city, county, state and fed- Local 84, Los Angeles, Cal. eral governments. Plans also call for the Federal Secretary/Treasurer and Delegate Richard bolsters TPEL fund Bureau of Investigation to film the event to use in Albitre is reminding the local’s Amtrak employ- its training programs. ees to keep him apprised of home addresses so UTU members realize the importance of ballots can be mailed out for November elec- investing in the union’s political action fund, Local 1088, Jackson, Miss. tions, as per Article 49 of the UTU Constitution. the Transportation Political Education League All are invited to join the nearly 50 Kansas City (TPEL). And, nobody realizes it more than Southern retirees who meet once a month for a Local 226, Moberly, Mo. Harry C. Lewis Jr. potluck lunch at the senior citizens’ building in Members of the local working for Norfolk Thanks to Lewis and thousands of other UTU Meridian, Miss., according to Retiree Program Southern and the Gateway Western railroads members, TPEL is the largest political action member Jimmy J. Rawson, who said there’s also have invited BMWE and BLE members to par- committee among rail labor unions, and the rea- a group that meets at the Chicken Basket Restau- ticipate in the flu- and pneumonia-shot clinic son why the UTU is successful at both the bar- rant in Meridian every Saturday morning for the local is sponsoring November 4 from 8 a.m. gaining table and in the halls of Congress and in breakfast. For times and dates, write to Brother to 9:30 a.m.