Volume 42/43 December 2010 / January 2011 Number 12/1 www.utuia.org www.utu.org The Official Publication of the United Transportation Union Conductor certification coming Jan. 1, 2012 WASHINGTON – In a Notice of Proposed •CSX General Chairperson (GO 049) John Rulemaking (NPRM) published in the Nov. 10 Lesniewski ; Federal Register, the Federal Railroad Admin - •UTU Training Coordinator and Local 528 istration proposes to make Jan. 1, 2012, the (Chicago) Legislative Rep. Ron Parsons ; effective date for implementation of conductor •National Legislative Director James Stem ; certification. •Alternate National Legislative Director The rulemaking on principles, elements and John Risch ; methods of conductor certification was ordered by Congress in the 2008 Rail Safety Improve - •Local 645 (LIRR, Babylon, N.Y.) Chairper - ment Act. son Vinnie Tessitore ; The NPRM – preceding publication of a final •UTU Rail Safety Coordinator for Designat - rule, expected in early 2011 (ahead of imple - ed Legal Counsel Larry Mann . mentation) – was developed through the FRA’s The UTU will respond to NPRM with recom - Rail Safety Advisory Committee (RSAC), mendations for improvement and change in the which is comprised of stakeholders, affected final rule – as will all stakeholders. The FRA will labor unions, railroads, suppliers, manufacturers make the sole determination as to contents of and FRA safety experts. the final rule. The various stakeholders had many conflict - ductor Certification Working Group by a team Following are major provisions of the rulemak - ing objectives for the rulemaking, and the appointed by UTU International President Mike ing. A detailed summary is posted at www.utu.org. NPRM is a consensus document that required Futhey: (Click on “Transportation Safety,” and then compromise among all stakeholders. •Local 1470 (Edmonston, Md.) Chairperson “Engineer & Conductor Certification.”) The UTU was represented on the RSAC Con - David Brooks , now retired; Continued on page 10 OSHA fines BNSF for harassing injured UTU member A UTU member will collect more than Kansas City, Kan.), targeted for discipline after ordered to inform each of its employees in its $95,000 assessed BNSF by the Occupational being injured on the job, didn’t feel so helpless Kansas Division – in writing – of their whistle - Safety & Health Administration (OSHA) for after his local chairperson, Joe Lopez , attended a blower rights. violation of the Federal Rail DLC seminar on whistleblower rights. “This case and the work of our DLC shows that Safety Act. With assistance from General Chairperson Jim federal law protecting whistleblowers has teeth OSHA found BNSF guilty Huston (BNSF, GO 009) and committee Secre - and can be used to stop the intimidation and of intimidating and harassing tary Rex Pence , a case was presented to OSHA, harassment faced by our members,” Futhey said. the injured UTU member, who which administers the law applying to whistle - reported his workplace injury blower protection. “UTU members who think they have been to the FRA. “An employer does not have the right to retal - retaliated against for reporting workplace injuries The monetary award covers iate against employees who report work-related should discuss the matter with a UTU DLC, their Huston back wages, compensatory injuries,” said OSHA. general chairperson or state legislative director,” damages, attorney’s fees and In addition to the monetary penalty, BNSF was Futhey said. punitive damages. This is the first major award by OSHA after UTU Interna - Know your ‘whistleblower rights’ tional President Mike Futhey requested UTU designated Every UTU freight and passenger rail mem - first-aid treatment, or for following a physi - legal counsel (DLC) ramp up ber needs to know that federal law protects cian’s orders, a physician’s treatment plan, or efforts to assist members whose them from employer retaliation – and threats medical advice. whistleblower rights have been of retaliation – when they report to the carrier This protection is known as “whistleblower Pence or a government agency alleged violations of protection,” and the federal law is enforced by violated. safety or security laws or regulations, or alle - BNSF employee Ronald Helm (Local 1532, the Occupational Safety & Health Administra - gations of fraud, waste or abuse of funds tion (OSHA), which is an agency intended for rail safety or security. of the U.S. Department of Government agencies Labor. Knorr elevated to board include federal regulatory Complaints must be filed or law enforcement agen - with OSHA within 180 days Kenneth Knorr has been appointed to the cies, and members of UTU Executive Board in the wake of the res - Congress or their staff. of the alleged employer retaliation. ignation of Troy Johnson . Knorr formerly This protection, provid - Relief may include reinstatement served as alternate to that board. ed by the Federal Rail Safety with the same seniority and benefits, Knorr, of Local 1031, Savannah, Ga., Act of 2007, also extends to employees who backpay with interest, compensatory dam - serves his local as chairperson and delegate. refuse to work under certain unsafe condi - ages (including witness and legal fees), and He also serves as assistant general chairper - tions, or refuse to authorize the use of any punitive damages as high as $250,000. son of CSX Transportation General Committee safety or security related equipment. A rail employee may file the complaint GO 851. Retaliation, including threats of retaliation, directly with OSHA, or may contact a UTU “Congratulations on your elevation as a full is defined as firing or laying off, blacklisting, designated legal counsel, general chair - member of the board. This office looks for - demoting, denying overtime or promotion, person or state legislative director for ward to working with you and providing any disciplining, denying benefits, failing to rehire, assistance. assistance you might require in the fulfillment intimidation, reassignment affecting promo - A listing of UTU designated legal counsel is of the duties of your new position,” UTU tion prospects, or reducing pay or hours. available at www.utu.org, or may be obtained International President Mike Futhey wrote An employer also is prohibited from disci - from local or general committee officers or Knorr. plining an employee for requesting medical or state legislative directors. Page 2 December 2010/January 2011 UTU News AArroouunndd tthhee UUTTUU Local 100, Oakland, Calif. Local 1440, Staten Island, N.Y. Former UP/SP engineer Michael Litwin , 69, The officers and members of this local congratu - died Nov. 30 after battling melanoma, Local late fellow members Leudy Acosta , Charles Chairperson Daniel C. Fretty reports. “Mike was DeAngelis Jr. , David Olivo , Joseph DiCosmo a long time legislative representative and delegate and Maureen McKeever, who received commen - for this local. He attended seven UTU Interna - dation awards from the New York City Metropoli - tional conventions as a delegate and served on the tan Transportation Authority, Local Secretary & Constitution Committee in 1999. He was a Treasurer Vincent LaBella reports. Trackmen staunch supporter of the one man/one vote refer - Acosta, DeAngelis and Olivo stopped a man while endum movement that has shaped the UTU as we he was severely assaulting a woman at the know it today,” Fretty said. “He will be missed by Annadale train station. Engineer DiCosmo and those who lived and worked with him, not only conductor McKeever were able to stop their train locally, but internationally, through his tireless before hitting a man, who was making a suicide efforts on behalf of the organization.” attempt. “These five members displayed the Retired UTU member Gary Dillon, center, and his courage and desire to help people in need during Local 117, Vancouver, Wash. fellow climbers unfurl the West Virginia state flag atop emergency situations. We are proud of their Amtrak conductor Paula Dennis , who hired Mount Kilimanjaro to honor fallen mine workers. efforts. They displayed real heroism,” LaBella said. out in train service Aug. 12, 1976, on Burlington Northern at Spokane, Wash., during the era of Retiree reaches new heights Local 1674, Los Angeles “Lit Al” Valenzuela, 13, son of Los Angeles Virginia Slims and the to honor fallen mine workers Junction Railway Company Local Chairperson women’s rights movement, Some UTU members will go to great Al Valenzuela , is the current California short- retired Dec. 29, according to lengths to honor their fallen brothers and sis - track speed skating champion in the “midget Legislative Rep. Larry ters. Local 915 member Gary Dillon , howev - division,” his proud father reports. He is also Drawdy . Dennis was one of er, went to great heights: 19,340 feet, the ranked thirteenth in the nation in his age group the first women to hire out in summit of Tanzania’s Mount Kilimanjaro. in short-track speed skating and is the first His - train service after courts panic to win the “midget division” state title. ordered railroads to hire Dillon climbed Kilimanjaro in October to honor the 29 men who lost their lives in Though not sponsored by Local 1674, “Lit Al” women in all positions, April 2010’s coal-mine explosion at the proudly wears his UTU 1674 skin suit when com - Drawdy said. “Paula and a Upper Big Branch mine in Whitesville, W. peting in local and national competitions. Dennis very few endured, and forced Va., about a mile from Dillon’s home. He attitudes and perceptions to eventually change for worked in the mining industry for a brief time women that followed. Paula always spoke her before signing on with the railroad. mind and supported the underdogs, and those who could not help themselves. She mastered the The 61-year-old retired CSX locomotive art of getting on and off moving equipment as engineer and Marine Corps veteran said he safely as anyone I ever witnessed. You’ve come a picked Kilimanjaro “because the mountain long way, baby!” Drawdy said. looks like a monument. It stands alone on a plain out in the middle of nowhere.