|
News |
|
The following positions were won by acclamation:
PRESIDENT - Thomas W. Pope
VICE PRESIDENT - Rony L. Jacobs
SECRETARY/TREASURER - Daxid K. Lee
TRUSTEE - Randall F. Boyette
TRUSTEE - Mark L. Hostetler
TRUSTEE - Richard A. Jones
AMTRAK VICE LOCAL CHAIRMAN - Helen G. Williamson
AUTO TRAIN VICE LOCAL CHAIRMAN - Charles C. Fowler
TIMETABLE ON SAFETY BILL PROVISIONS The following provides the timetable for when major provisions of the Rail Safety Improvement Act of 2008, directly affecting train and engine service employees, take effect. The president signed the previously House-Senate passed legislation into law on Oct. 17. Section 103. Railroad Safety Risk Reduction Programs: The carriers have four years after enactment of the law in which to develop such programs that must include methods to manage and reduce crew fatigue. Section 104. Postive Train Control: Class I and passenger railroads have 18 months after enactment of the law to submit plans for implementing PTC by 2015. Section 108. Hours of Service: Within nine months after enactment of the law, freight railroads must implement the required hours of service changes, including the reduction in limbo time. Section 401. Minimum Training Standards: Within one year of enactment of the law, DOT must issue minimum training standards. Section 405. Locomotive Cab Studies: The study on use of personal electronic devices in cabs due within one year of enactment of the law. The study of the locomotive cab’s environment is discretionary. In the case of both studies, implementing regulations are discretionary. (The FRA already has imposed an emergency order banning the use of personal electronic devices in cabs.) Section 406. Switch Position Indicators: Within one year of enactment of the law, DOT must publish regulations or guidance governing the use of technology in dark territory, which includes switch position indicators. Section 413. Emergency Breathing Apparatus: Within 18 months of enactment of the law, DOT must require emergency breathing apparatus for train crews Section 419. Prompt Medical Attention for Injured Train Crew members: This provision took effect immediately upon its enactment into law. See www.utu.org for more information on the Rail Safety Improvement Act of 2008, including a copy of 315-page the act itself. To view the act, look to the lower left hand corner of the home page and click on "2008 Rail Safety Bill."
October 6, 2008 Superintendent Salemme issued the vacation selection bid sheet and a cover letter for our 2009 vacations. As most of you noticed there were two errors in the cover sheet, I talked to Mr. Salemme and he assured me he would reissue the bulletin changing the due date to November 15, 2008 and removing the wording about junior employees first choice may have preference over your second or third choice. For 19 years it has always been that the most senior employee in each craft was given all his vacations weeks before the next senior employee was awarded theirs and it shall be done that way this year also.
As a reminder any employee who either submits an insufficient amount of requests or does not submit a bid will be forced assign any weeks that are left after the junior employee has been award their vacation picks.
As Americans begin figuring out how to wean ourselves from foreign oil, there is some good news, writes Pittsburgh Post-Gazette columnist Brian O'Neill.
Preliminary numbers from Amtrak show about 28.7 million riders rode the intercity trains in the past fiscal year, nearly 2 million more than the year before.
Better still, despite the system's fuel costs rising $100 million, the federal subsidy went up only about $49 million.
That was helpful not only to a country needing to move more people with less fuel, but to the millions of Americans who rode the rails on trips that average more than 200 miles.
With airlines cutting flights to survive and their shorter hops disappearing, passenger trains seem poised to fill in the blanks. But if Amtrak is to provide an attractive alternative to driving or flying, it needs more frequent, convenient and reliable service.
Three odd-hour trains a day from Pittsburgh one to Philadelphia, one to Chicago and one to Washington, D.C. won't cut it, and many cities don't even have it this good.
So it should be little surprise that the Senate voted 74-24 last week to approve a five-year, $13 billion bill to expand Amtrak service. It's only an authorization -- Congress hasn't appropriated any money yet -- but with a similarly overwhelming vote in the House, this authorization looks veto-proof.
Amtrak, which long has lived from hand to mouth, may finally do the kind of multiyear planning that could give America a national rail system worthy of the name.
This is an area of clear disagreement between the two presidential candidates. Sen. Barack Obama voted for the Amtrak bill. Sen. John McCain was among the 24 Republican senators voting no.
Though Mr. McCain has been a longtime critic of Amtrak, his vote still surprised me, given passenger rail's rebound.
When I e-mailed his Senate office, a spokesman replied that while the bill had some good provisions, "after more than 35 years of subsidizing Amtrak, no one should believe that either the Congress or Amtrak will live up to the promises made in the bill in terms of funding or performance."
Six consecutive years of increased ridership and an increase of more than 6 million riders this year over 2003 is of no apparent consequence. The spokesman said Mr. McCain also objects to the $1.5 billion "earmark" for the Washington Metro system, and doesn't see these expenditures as national priorities.
Forget, if you can, that this is a presidential year. There can't be many single-issue voters on train travel and, given the overwhelming congressional support, it's possible that funding for Amtrak will arrive no matter who the next president is. Let's just talk about subsidies.
Mr. McCain's campaign Web site touts a $2 billion annual subsidy for "clean coal technology" and continuing the tax credits for wind energy until we reach "the point where renewable energy no longer merits the taxpayers' dollars." So Mr. McCain believes subsidies are OK in some cases. He's just not for using them to move more than 28 million people each year, not even if all those folks use less energy than they would driving or flying.
It should be clear to everyone by now that there will be no single solution to reducing dependence on foreign oil. More drilling? Yes. Nuclear energy? Yes. Hybrid cars? Yes. Wind energy and clean coal? Yes. More trains and mass transit?
How can that get a "no"?
All major forms of transportation are subsidized. Some subsidies just aren't obvious. Gasoline taxes maintain highways but don't pay for traffic cops, traffic lights, paving of city streets, road salting or local planners, and just try getting to work without them.
Unlike other pie-in-the-sky or wind-in-the-sky plans, trains could make an impact quickly.
For those who fancy war metaphors, passenger trains won't be the smart bombs in our energy fight, but the ground troops.
This Amtrak bill promises an 80 percent match to states providing 20 percent of funding for passenger rail improvements. The Ohio Rail Development Commission master plan includes $650 million to provide eight fast trains in each direction between Cleveland and Pittsburgh.
Even one more slow train would be helpful. The midnight train that arrives in Cleveland at 2:41 a.m. seems aggressively uninviting. With this bill, maybe there's another train coming.
(The preceding column by Brian O'Neill was published October 9, 2008, by the Pittsburgh Post-Gazette.)
In response to the NTSB announcement, Federal Railroad Administrator Joseph Boardman said his agency will issue an emergency order banning the use of all electronic devices, including cell phones, iPods and texting devices in locomotive cabs. Cell phone records of engineer Robert Sanchez show he sent a text message after receiving one about a minute and 20 seconds before the crash, the NTSB said. Sanchez sent his last text message at 4:22:01 p.m, said the NTSB. According to the freight train's onboard recorder, the accident occurred at 4:22:23 p.m. Records obtained from Sanchez's cell phone provider also showed that he sent 24 text messages and received 21 messages over a two-hour period during his morning shift, the NTSB said. During his afternoon shift, he received seven and sent five messages, the NTSB said. NTSB investigators are continuing to correlate times from Sanchez's cell phone, the train recorders and data from the railroad signal system, according to the Associated Press. ''I am pleased with the progress of this major investigation to date,'' acting NTSB Chairman Mark V. Rosenker said in a statement. "We are continuing to pursue many avenues of inquiry to find what caused this accident and what can be done to prevent such a tragedy in the future." NTSB spokesman Terry Williams declined to release information about who was exchanging text messages with Sanchez. In the days after the crash, several teenage train enthusiasts told a Los Angeles Times reporter that Sanchez sent them a text message just before the collision. The collision, which also injured more than 130 people, occurred on a horseshoe-shaped section of track in the community of Chatsworth. Investigators say the two trains were in sight of each other only for a few seconds before the crash. The freight engineer was able to apply brakes but brakes were never applied on the Metrolink train, according to news reports. Boardman issued the following statement the evening of Oct. 1: "Today’s announcement by the National Transportation Safety Board regarding the tragic Metrolink crash has made it clear that the use of cell phones and other personal electronic devices must be immediately addressed. "The bottom line is railroad operating employees cannot focus on their critical safety functions while engaging in phone conversations, texting or any other form of unessential electronic communication, often in violation of railroad operating rules. "The consequences of inattentiveness and distraction are simply too catastrophic to be addressed at the operator or state level alone. "As a result, we will issue an emergency order explicitly prohibiting the use of personal electronic devices by railroad employees while operating trains and in other settings. Everyone involved with rail travel deserves the full attention and focus of train operators, without exception and without excuse.” The U.S. Department of Transportation has delayed until Nov. 1 a new drug-testing rule that was scheduled for Aug. 25 implementation. The UTU, seven other rail labor unions and BNSF Railway separately have challenged the legality of the new rule in federal court. That action remains pending. The new rule, now delayed until Nov. 1, would require employees of all transportation modes -- including railroads, transit and bus operators -- to submit to direct observation urine collection for return-to-duty or follow-up testing. Because the rule would require disrobing by employees and direct observation of urine production, the District of Columbia Circuit Court of Appeals has been asked by the UTU, the other unions and BNSF to consider whether the rule violates the Constitution's Fourth Amendment protection against unreasonable searches. The first meaningful rail safety bill in two decades is poised to become law later this year after the entire Senate, on Aug. 1, approved the Railroad Safety Enhancement Act, S. 1889. A separate and slightly different measure passed the House of Representatives in 2007 -- the Federal Railroad Safety Improvement Act, H.R. 2095. When Congress returns after Labor Day from a five-week recess that began this weekend, a joint House-Senate conference committee will iron out differences in the two bills and return a single, final version to both chambers for approval. President Bush is expected to sign that final measure, owing to its bipartisan support. As with the House bill, the Senate rail safety bill would make changes in the hours-of-service law and provide more rest time, and require railroads to reduce the limbo time imposed on train crews for which there is no compensation. It also would require railroads to develop safety-risk reduction programs, and expand mandatory employee safety training. At the request of the UTU, a provision in the Senate bill provides that hours-of-service changes affecting just passenger and commuter railroads would be delayed for three years to permit further study of such changes. Senate sponsor and long-time UTU friend Frank Lautenberg (D-N.J.) said of the bill, "A 21st-century rail system cannot run on safety laws from decades ago. We are risking people's lives by letting train crews work too long and leaving highway crossings unsafe. We need to decrease the risk of injury and death through smarter regulation and modern technology." UTU International President Mike Futhey thanked National Legislative Director James Brunkenhoefer for his "dogged efforts to break a legislative deadlock in the Senate and get this rail safety bill to the Senate floor where we knew we had the votes for its passage." Another longtime UTU friend, Senate Majority Whip Dick Durbin (D-Ill.), was instrumental in helping to clear the Senate calendar for the bill to receive a positive floor vote just hours before the Senate packed up for recess. “The Senate votes were there," Futhey said, "because of the grass-roots work of UTU active members, UTU for Life members and UTU Auxiliary members who made the phone calls and sent the e-mails to senators -- messages that provided concrete examples of how fatigue affects train crews and endangers the public." Given the grass roots-support generated for the bill, coupled with true-to-life horror stories involving train crews forced to work without sufficient rest, carriers were unable to stop the progress of the bills in the House and Senate. To view a comparison of the House and Senate versions of the rail safety bill, which next go to a conference committee, click here.
Today was Luther Belchers last day of service, he officially retired when train P609 stopped on Zero track in Hialeah yard this morning.
Luther hired out with UTDC on April 2, 1990 as a conductor and has worked for three contract operators over the past 18 years. Luther will be fondly remembered by the passengers for his saying "Please use all the doors people" and by his coworkers as Leave'em Luther for his almost fanatical obsession with keeping his trains on-time.
In recognition of Luther's 18 years of dedicated service to Tri-Rail he was awarded with a marble plaque with an HO scale Tri-Rail coach and a commemorative inscription affixed to it. Luther also received a Gold Seiko Railroad Approved Watch from the Union for his 18 years of unwavering support and participation in UTU Local 30.
On behalf of all your friend at Local 30 we wish you the best of luck and health as you embark on a new chapter in your life and remember Luther you will be missed but never replaced.
God Bless and Take Care Luther.
WASHINGTON -- The Federal Railroad Administration has implemented, effective June 16, a final rule imposing individual liability and civil penalties against rail employees proven guilty of failing to properly position switches and derails, not protecting the point on shoving movements, and not leaving cars in the clear of adjacent tracks and crossovers.
The FRA said, however, that it will consider self-reporting "a strong reason for mitigation of the civil penalty, disqualification order, or other enforcement remedy."
The final rule also permits the FRA to conduct operational tests without a carrier officer present, and allows the required Switch Position Awareness Form to be discontinued.
The FRA rulemaking grew out of a Jan. 5, 2005, fatal accident on Norfolk Southern in Graniteville, S.C., involving the release of chlorine gas, and a similar accident on BNSF on Jan. 8, 2005.
UTU Alternate National Legislative Director James Stem, who represents the UTU on many safety issues before the FRA, said, "Railroad employees who understand how to work by the existing operating rules will see no change from the application of this new regulation. All three of these issues are just basic common sense railroading."
With regard to civil penalties, the FRA said:
"Considering the mandatory nature of these operating rules, it seems that there has been a high disregard for them either intentionally or unintentionally ... FRA is aware of the pressure to occasionally shortcut an operating rule in order to maintain or increase production.
"FRA's awareness is derived from inspections and investigations, as well as shared experiences from FRA personnel who have previously worked for one or more railroads. The good faith challenge procedures are intended to empower employees who choose to abide by the railroad's operating rules but are either intentionally or unintentionally given a non-complying directive."
The FRA's Final Rule also permits shoving movements without point protection when made in the direction of the circuited end of a designated departure track equipped with a shove light system under certain specified conditions. Section 218.99(e)(5) permits such movements when:
• The shove light system is demonstrated to be failsafe;
• The shove light system is arranged to display a less favorable aspect when the circuited section of the track is occupied;
• Written procedures are adopted and complied with that provide for a reliable means of determining track occupancy prior to commencing a shoving or pushing movement;
• The track is designated in writing;
• The track is under the exclusive and continuous control of a yardmaster or other qualified employee;
• The train crewmember or other qualified employee directing the shoving or pushing movement complies with the general movement requirements of paragraphs (b)(1) and (b)(2) of this section;
• All remote control shoving or pushing movements comply with the requirements contained in paragraph (c)(1) of this section; and
• The shove light system is continuously illuminated when the circuited section of the track is unoccupied.
Additionally, the FRA granted a six-month extension of the deadline for completion of training on the regulation and associated railroad operating rules. Training now must be completed by July 1, 2009.
The Federal Aviation Administration has banned the use by pilots and air traffic controllers of the anti-smoking prescription medication varenicline, which is sold by Pfizer under the name, Chantix.
A DOT official told the UTU June 4 that the Federal Railroad Administration and the Federal Motor Carrier Safety Administration may soon issue their own ban, which would affect rail workers and bus operators.
The National Institutes of Health says that vareniciline, commonly called a smoking cessation aid, works by blocking the pleasant effects of nicotine on the brain. The Associated Press reports, however, that the drug has been linked to dizziness, loss of consciousness, seizures and abnormal spasms and movements.
With no prohibition on the drug’s use currently affecting rail workers or bus operators, those taking the medication -- when prescribed by a physician -- may continue doing so; but obviously they should consult their physician if they work in a safety sensitive position.
Independent researchers at the non-profit Institute for Safe Medication Practices, told the Associated Press, "We have immediate safety concerns about the use of varenicline (Chantix) among persons operating aircraft, trains, buses and other vehicles, or in other settings where a lapse in alertness or motor control could lead to massive, serious injury."
The Federal Drug Administration, according to the Associated Press, said earlier this year that the connection between Chantix and serious psychiatric problems is "increasingly likely."
Guidelines issued by the U.S. Public Health Service mention links to depression and suicidal behavior, said the Associated Press, but the news agency reported that the guidelines also say the drug is effective in helping smokers stop smoking.
The Federal Aviation Administration, in banning the anti-smoking aid, said it is unaware of any aviation accident caused or contributed to by the drug. Pfizer, in a statement, reaffirmed its stand on the safety of Chantix, and said the label already contains safety warnings about driving or operating machinery.
The third annual “Train Safety Awareness Week” will take place Sunday, April 20 through Friday, April 26, as proclaimed by Florida Governor Charlie Crist. The week has been set aside to raise public awareness about the laws and hazards of being on, or near, railroad tracks, particularly at road crossings.
FRA DELAYS CIVIL PENALTY RULE
The Federal Railroad Administration has temporarily delayed an April 14 effective date to begin imposing civil penalties against railroad employees proven guilty of violations of certain operating rules. UTU Political Action Committee
As you know lately the transportation industry in Florida has been coming under attack by state and local government. In particular the Florida Department of Transportation along with CSX are working in collusion to to strip us of our rights under FELA and the RLA in the Central Florida Commuter Rail corridor which means that we would never be able to get Railroad Retirement here in south Florida. April 7, 2008Florida House Bill 1245 and Senate Bill 1512
Please take a few minutes to go to www.tri-rail.com , the website for the South Florida Rail Transit Authority and the commuter trains operated by our Sisters and Brothers. In it you will find a link to the "Save my Train" campaign they are engaged in. Please link to it and send your State Senator, no matter where you are in the State, an email requesting that Senate Bill 1512 be heard. The link will help you figure out who your State Senator is, if you are not sure. The Legislation would give Tri-Rail a dedicated source of funding instead of yearly subsidies and that is good for the system, the public and our Members. Please take the three minutes to help our Tri-Rail Sisters and Brothers, remember, today is them and tomorrow will be you.
Andres Trujillo March 2, 2008Local Chairman's Meeting
On The company will pay continuous time plus one hour at
time and one half under the following circumstances:
Only one payment per tour of duty will be
allowed. After you have completed the requirements of your
last train for the day (i.e. arrived at Miami Airport or Mangonia Park on your
last trip of the day) and you are required to operate another train in deadhead
or revenue service north of 79th Street interlocking, on the main
line from Miami Airport or south of Mocking Bird interlocking, on the main line
from Mangonia Park will be a new start and will be a minimum of eight
hours. Switching
Before making any moves the Conductor MUST
notify the
Beginning of
shift: One hour at time and one half for any switching moves
that maybe required for the protection of service (i.e. engine cut, unbury set,
add a coach or engine to front or back of set). End of
shift: Continuous time plus one hour at time and one half if
you move your set once you spot it at the designated drop off point (currently
this is the dump station on zero track) or you are required to operate your
train through the wash first and then spot it at the designated drop off
point. Eight hours at straight time rate if you are required
to handle any equipment that is not your own, this includes swapping out
locomotives or coaches or adding locomotives or coaches to your
set. Switching
Crews MUST document the name of the mechanical supervisor who
instructed you to make the move and the move that was made on their time
slip. Continuous time plus one hour at time and one half
for any moves other than spotting your own set. Tie-up time
Crews Deadheading back to West Palm Beach Station
will be allowed twenty (20) minutes from their arrival at the station for wash
up and paper work. Crews operating equipment into the West Palm Beach
Facility will be allowed thirty (30) minutes from the knock down time of the
Mocking Bird signal for travel time back to the station and wash up and paper
work.
March 1, 2008
Union Meeting Our next Union meeting is set for Saturday March 8, 2008 at 10:00 am at the La Quinta Inn located at 351 West Hillsboro Blvd. Deerfield Beach their phone number is 954-421-1004. Take I 95 to Hillsboro Blvd, exit and go east the hotel is on the north side (that's the left side for all you people who are directionally impaired) of the street before Highway US1. The following guest speakers will be attending: General Manager Sid Birckett UTU Florida State Legislative Director Andres Trujillo February 13, 2008
2008 Seniority Roster
The 2008 seniority roster is now officially posted in all crew rooms and in the Members section.
The roster will be revised and posted in January of each year and will be open to protest for a period of sixty (60) calendar days from date of posting. Protest on seniority dates will be confined to names added or changes made since posting the previous rosters. Upon an employee’s presentation of proof of error, such error will be corrected. Employees who are off on leave of absence, vacation, sickness, disability or suspension at the time the rosters are posted will be given sixty (60) calendar days from the date of their return to duty in which to protest. If no protest is made during this time, their seniority dates will be deemed correct. I apologize for taking so long to get out the roster but we had a problem getting the new hire's physical dates. February 8, 2008
Call to Action FE LA & RLA Under Attack
CSX and FDOT are working in collusion to to strip you of your
rights under FELA and the RLA in Florida. If passed as written now, this
action may affect not just the Central Florida Commuter Rail Corridor and CSX
employees (61 mile stretch) but it may also extend to other railroad properties
(ie:FEC and others) and to all their tracks in the State of Florida. IE:
ALL OF US LOSE FELA and RLA PROTECTIONS!!
They are also working in collusion to eliminate Rail Labor Unions off the
Central FL. Commuter project and to mitigate any remaining liabilities of
remaining existing contracts. THAT IS US!!!
Attached you will find copies of the testimony we gave in Committee in
Tallahassee on behalf of all of Rail Labor (unfortunately we were given only 3
minutes and only one Organization could speak for all). You will also find
attached copies of the Bill itself. The sovereign immunity and liability
provisions within it, in conjunction with existing US Supreme Court decisions
may serve to strip us of FELA and RLA protections.
Finally you will find a copy of a memo of meeting minutes between FDOT's
Secretary and CSX Officials wherein they lay out their plan to avoid labor
protections and labor unions.
WE NEED ALL MEMBERS, FROM ALL ACROSS FLORIDA AND ALL PROPERTIES
REPRESENTED TO CALL, FAX AND EMAIL YOUR STATE SENATOR AND STATE REPRESENTATIVE
AND TELL THEM YOU ARE OPPOSED TO THE LIABILITY AND SOVEREIGN IMMUNITY PROVISIONS
OF THIS PLAN . (CSX, FEC, AMTRAK, TRIRAIL AND NS)
Tell them also that it is unacceptable and shameful for the FDOT's
Secretary to be conspiring to get rid of your Labor Protections and to presume
you are "not efficient nor cost effective" and to preemptively strike down a
Union Employer from operating the Commuter Service. Railroads are making
record profits with Union Labor, WE CAN'T BE ALL THAT BAD!!!!
The Bill Number is SB 1666 sponsored by Senator Baker.
We need to do this in force. Please
post, share and discuss in all properties and Union Meetings, shake up your
phone tree and have Member's families call as well. please call Andres Trujillo @ (305)
819-7796 if you have
any questions.
January 12, 2008
2008 Vacation Pay The Following letter from Al Suozzo is to advise the Membership that General Manager Sid Birckett has agreed to right the wrong that Herzog committed against us when they left last year. Dear Members: As you know, there was a problem with the payment of 2008 vacations, which some looked at as if Veolia was trying to beat them out of their vacation in 2008. This was not true and requires an explanation. On June 21, 2007, I wrote to Herzog to remind them that anyone that had worked 130 days by July 1, 2007 was entitled to their 2008 vacation pay. It was only when 2008 rolled around that it came to light that Herzog had not paid anyone for vacation in 2008, and since Herzog was out of the picture, that left us between a rock and a hard place. Veolia initially took the position that Herzog was responsible for paying those that earned vacation by July 1, 2007 and Veolia would pay the rest. However, once General manager Sid Birckett realized our chances of getting Herzog to pay their share of the 2008 vacations was not very good at best, he agreed to assume the total liability for vacations in 2008. Accordingly, Veolia and General Manager Sid Birckett were not to blame for the vacation problem. To the contrary, they are making up for what Herzog should have paid. Accordingly, Sid Birckett and Veolia are owed our thanks for solving this problem. As always, I remain, Fraternally yours, A. L. Suozzo January 11, 2008
2008 Vacation Dispute We are currently in mid level talks with Veolia and Tri-Rail as to who got the money for our 2008 vacations. At this time the situation has not been resolved and your Union is asking everybody to stay calm, cool and united as we continue to work for a favorable resolution to the current dispute. Please rest assured that the UTU is diligently working on this and we again thank you for your patience and support. January 10, 2008
Switching In The Yard Although we have not received official notification that Bombardier has taken over all the switching, several members have been told by mechanics that all the training for bombardier has been completed. Also as a general observation it appears as though Bombardier is instructing all crews who come into the yard and are not on overtime to switch their own equipment. If it is true that Bombardier has finished the training and is still making Veolia crews switch then the UTU is instructing all employees to turn in a penalty time ticket for a days pay for performing Bombardier work if you are instructed to move any equipment even your own. Make sure that each penalty time slip you put in has the following information on them:
These penalty time claims will most certainly be denied so please make a copy of the slip before you submit it and then you must forward the copy along with the denial letter when you receive it to your Local Chairman for further prossesing, you may place this in the UTU mail box in Miami airport or the WPB Crew room.
Copyright © 2007 |