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					Volume
Number 12/1
                       41/42                                                       December 2009 / January 2010




  www.utuia.org                                                                                                                          www.utu.org


     The Official Publication of the United Transportation Union

Rails withdraw staffing and consolidation proposal
NCCC: We encourage the exploration of opportunities for mutually beneficial solutions
   A month after the UTU filed a lawsuit in fed-       negotiations – that the UTU had no obligation
eral court to block a railroad demand to bargain       to bargain nationally over a carrier demand to
over “staffing and consolidation,” the carriers        eliminate conductor and brakemen positions on
have withdrawn that demand from their Railway          all through-freight trains.
Labor Act Section 6 notices.                              The UTU position – then, and now – is that
   In a letter to UTU International President          existing agreements relating to minimum train
Mike Futhey, the National Carriers’ Conference         crew size are negotiated on a railroad-by-railroad
Committee (NCCC), which represents most                basis through UTU general committees of
major railroads in national contract negotia-          adjustment, and any attempt by the carriers to
tions, said it “will withdraw, without prejudice,      change those agreements must be handled at the
the proposal set forth in the paragraph entitled       general committee level and not in so-called
‘Staffing and Consolidation’” in exchange for the      national handling where the major railroads
UTU dismissing, “without prejudice,” its lawsuit.      coordinate their bargaining through the NCCC.
                                                          The agreement by the NCCC to withdraw its
“Voluntary agreements are always                       “staffing and consolidation” demand – in
                                                       exchange for the UTU withdrawing its court
in the parties' best interests."                       action – followed a meeting between Futhey and
                                                       the NCCC’s chief negotiator, Ken Gradia, on
   “These undertakings,” said the NCCC, “are           Dec. 8.
made in connection with each party’s desire to            Said the NCCC in its letter to Futhey with-
facilitate pursuit of a successful resolution of the   drawing the demand, “During our Dec. 8, 2009,
2010 bargaining round without further litigation       initial conference on our respective Section 6
and are without prejudice to their respective          proposals for the 2010 bargaining round, we had
positions.”                                            a candid discussion about the parties’ respective      the exploration of opportunities for mutually
   The UTU interpreted the demand regarding            concerns and goals.                                    beneficial solutions to each side’s needs with-
“staffing and consolidation” as a renewed                 “In the course of that exchange, we affirmed        out restraint. In particular, we discussed the
attempt by the carriers to seek one-person crew        our shared conviction that voluntary agree-            benefits to both parties of eliminating poten-
operations. A federal court had ruled in March         ments are always in the parties’ best interests        tial impediments to successful negotiations
2006 – during the previous round of national           and our joint desire to facilitate and encourage       where feasible,” said the NCCC.


 SEPTA agrees: FELA rules                              Bus safety bill moving forward in House, Senate
                                                          WASHINGTON – Bus safety legislation is                •State annual commercial bus inspection pro-
    PHILADELPHIA – The Southeastern Penn-
                                                       inching forward in the House and Senate, and           grams as a prerequisite to receiving federal motor
 sylvania Transportation Authority (SEPTA) has
                                                       proponents are pushing Congress to complete            carrier safety grants.
 entered into a stipulated settlement with the
                                                       the legislation by mid-2010.                                                  A similar bill (H.R. 1396)
 UTU and other rail labor organizations, with-
 drawing an incorrect assertion that the Federal          The Senate Commerce                                                     awaits action by the House
 Employers’ Liability Act (FELA) does not apply        Committee in December vot-                                                 Transportation & Infrastructure
 to rail workers in SEPTA’s employ.                    ed to send to the Senate floor                                             Committee. The bill would
    The settlement came 11 months after the            for a vote a bill (S. 554, the                                             additionally require minimum
 unions filed a federal lawsuit challenging SEP-       Motorcoach Enhanced Safety                                                 performance standards for
 TA’s attempt to exempt itself from FELA cover-        Act of 2009) requiring passen-                                             retreaded motorcoach tires.
 age. It was alleged SEPTA had violated the            ger lap and shoulder belts on                                                 The American Bus Associa-
 FELA, the Railway Labor Act, and the Rail             long-distance buses, as well as                                            tion says some 750 million pas-
 Safety Improvement Act of 2008.                       improved firefighting equip-                                               senger trips are made annually
    SEPTA had posted incorrect notices that its
                                                       ment and stronger roofs and                                                by some 34,000 long-distance
 rail employees injured on the job were                seats and advanced window                                                  motorcoaches operated by
 required to seek compensation under a state           glazing to keep passengers from being ejected.         nearly 3,700 motorcoach companies.
 workers’ compensation plan and could not file            Additionally, the Senate bill would require:
 actions against SEPTA under the FELA.                    •Motorcoach operators to undergo periodic            Member, pinned by rail car, dies
    The state workers’ compensation plan pro-          safety reviews;
                                                                                                                 MINNEAPOLIS – BNSF conductor Samuel
 vides benefits inferior to the FELA.                     •A training curriculum and certification for                            W. Lundy, age 44 and a 17-
    SEPTA has agreed to post a corrected notice        each driver seeking a commercial driver’s license                          year member of Local 1000,
 that “Any rail employee who suffers a work-           (CDL) passenger endorsement;                                               was killed Dec. 29 when,
 related injury may elect to instead file a Feder-        •Tougher CDL testing;                                                   during a switching opera-
 al Employers’ Liability Act claim in either state        •Installation of on-board electronic data                               tion, a rail car jumped its
 or federal court.”                                    recorders that also track driver hours of service                          tracks and pinned him
    If you are injured on the job, the FELA and        and monitor tire pressure warning systems;                                 against a building.
 your UTU Designated Legal Counsel are the                •Drivers of buses that transport between nine                              Lundy was the eighth
 best friends you and your family have.                and 15 passengers to hold a CDL;                                           UTU member killed in 2009
                                                                                                                    Lundy
    A listing of UTU Designated Legal Counsel             •Safeguards preventing the use by CDL appli-                            in an on-duty rail accident.
 – attorneys who answer to the UTU – is pro-
                                                       cants of invalid or fraudulent medical certificates;    He leaves behind a wife and three children.
 vided at www.utu.org (click on “Designated                                                                      The National Transportation Safety Board
 Legal Counsel” in the blue tile box on the left          •Annual review of state medical examination
                                                       procedures by states;                                   and the Federal Railroad Administration are
 -hand side of the home page), or get a list from                                                              investigating. A member of the UTU Trans-
 local officers or general chairpersons.                  •Creation of a national registry of medical          portation Safety Team is assisting the NTSB.
                                                       examiners;
Page 2                                                                                                     December 2009 / January 2010 UTU News




Local 64, Huron, S.D.                                                                                              Telma, 14-year-old son, Alfie, and nine-year-old
  UTU members are rallying behind their union                                                                      daughter, Janyssi. The UTU Auxiliary’s Magno-
brother, Cam Brock Jr., who on Nov. 12, lost his                                                                   lia Lodge in Jacksonville, Fla., has donated $500
house and contents to fire. Brock’s UTU brothers                                                                   to Telma Pena and the children.
and sisters have set up a relief fund to help him meet
his immediate need for clothing, food and other
                                                                                                                   Local 1183, Port Huron, Mich.
                                                                                                                     Legislative Rep. Fred Beidler and his family
essentials. Donations can be made to the “UTU                                                                      lost their home and all their possessions to a late-
Local 64 Cam Brock Jr. Relief Fund” through                                                                        night fire on Dec. 11, Michigan State Legislative
Round Bank of Waseca, 200 2nd St. N.E., Waseca,                                                                    Director Jerry Gibson reports, and the Michigan
MN 56093. “Brother Brock is a U.S. Marine veter-                                                                   State Legislative Board is seeking assistance from
an and one of UTU’s finest,” Minnesota State Leg-                                                                  fellow UTU members. “The Beidlers lost every-
islative Director Phil Qualy said.                                                                                 thing but the clothes on their backs,” Gibson
                                                                                                                   said. To assist the Beidler family, send a check or
Local 367, Omaha, Neb.                                                                                             money order to the Biedlers at 835 Virginia Ave.,
  More than 60 members and friends attended                                                                        Marysville, MI 48040.
this local’s annual fall barbecue dinner, sponsored
by the Yeager, Jungbauer & Barczak and Dins-              Conductor and UTU District of Columbia Legisla-          Local 1440, Staten Island, N.Y.
more law firms, Legislative Rep. Kevin Kresl              tive Director Willie Bates, left, displays the Charles     Local Secretary & Treasurer Vincent LaBella
reports. The dinner concluded with the awarding           Luna Memorial Safety Award presented by Amtrak.          thanks all 104 guests that attended the local’s first
of three Chuck Faulder Scholarships to Kaelyn                                                                      annual retirement/holiday/awards dinner on Dec.
Kerwin (daughter of Kevin), Kegan Casey (son of           Legislative Director Bates                               4. “This was the first time that Local 1440 was
Dick) and Alexandria Jamrozy (daughter-in-law             gets Amtrak’s Luna Award                                 able to recognize the hard work of its retirees,”
                                                                                                                   LaBella said. Members also congratulate track-
of Daniel). Since 2005, the local has presented
12 scholarships to members’ children. The fol-                William H. “Willie” Bates, an Amtrak con-            worker Thomas Poggi on his retirement. “He will
lowing day, 68 people participated in the local’s          ductor (Local 1933) and UTU District of                 always be remembered for his leadership skills and
golf tournament at Shoreline Golf Course in                Columbia legislative director, is the recipient         cooperative demeanor,” LaBella added.
Carter Lake, Iowa.                                         of Amtrak’s highest safety award for 2009,
                                                           which is named after the UTU’s first president.         Local 1554, Ogden, Utah
Local 432, Champaign-Urbana, Ill.                                                                                    The officers and members of this Union Pacific
                                                              Bates was awarded the 2009 Charles
  The regular monthly meetings of this CN (IC)                                                                     local have financed and commissioned a memo-
                                                           Luna Memorial Safety Award, established
local will continue to be held on the second                                                                       rial to honor three local members who have lost
                                                           in 1990 to recognize Amtrak employees
Wednesday of each month at 7 p.m., but the                                                                         their lives at the railroad’s 21st St. yard since
                                                           who “demonstrate the highest degree of
location has changed to the upstairs at Jupiter’s at                                                               1977, Local Chairperson Pat Winslow reports.
                                                           safety awareness.”
the Crossing, 2511 Village Green Pl., in Cham-                                                                     The memorial, which honors Michael Wagner,
                                                              In presenting the award to Bates, Amtrak             Jimmie Autry and Anthony Peterson, was erect-
paign, Legislative Rep. Grady Crippin reports.             President Joe Boardman said:                            ed on Sept. 14, 2009, the sixth anniversary of
Local 477, Newton, Kan.                                       “A consistent participant in safety pro-             Autry’s death. “Although it has taken almost a
  Secretary & Treasurer Brian Stephens reports             grams and various safety committees, Willie             year to complete, we would like to thank Brother
that the local has established a fund to benefit           commands respect in this area. Through                  Randy Browne, who piloted the project through
fellow member Sidney Unruh, who is currently               Willie’s commitment, dedication and daily,              completion, for a job well done,” Winslow said.
on disability due to treatments and surgeries for          active support of safety, he has been instru-
esophageal cancer. Send contributions to the               mental in helping the Richmond (Va.) train
Sidney Unruh Fund at Midland National Bank,                and engine service crew base achieve zero
527 N. Main, P.O. Box 427, Newton, KS 67114.               reportable injuries in calendar year 2008.
                                                              “Always preaching safety, Willie is a great
Local 607, Thayer, Mo.                                     mentor, often giving up working a premium
  More than 50 guests attended this local’s annu-          job in order to work overnight on a training
al Christmas dinner on Dec. 8, sponsored by the            session [which involves] the use of an engine
Hubbell, Peak, O’Neal, Napier & Leach law firm             and car to show less-seasoned employees how
in Kansas City, Mo., according to Local President          to handle such tasks as manually throwing
Chris Skaggs. Guests included General Chair-               switches, how to properly get on and off
person Steve Green, Associate General Chair-               equipment, how to cut cars and how to push
person Mike LaPresta and Missouri State Leg-               the 480-volt cables.
islative Director Ken Menges.                                 “When Willie talks to new hires, he
Local 792, Cleveland, Ohio                                 stresses that while they’re on the railroad,
  This Norfolk Southern local, along with BLET             safety is paramount. He reminds them how
Division 607, collected $5,120 from union                  dangerous the railroad is and how important
                                                           it is for them to pay attention to each and             Local 1785, Santa Monica, Calif.
employees, sales employees and management to                                                                         The members of this Big Blue Bus local are
purchase Giant Eagle grocery store gift cards for          every safety rule, so they can return home
                                                           safely each night.”                                     mourning the death of Sergio Lopez, 48, Local
their fellow furloughed or injured employees dur-
                                                                                                                   Chairperson Adhi Reddy reports. Lopez served
ing the Christmas season, Local Chairperson                   Bates hired on at Amtrak in 1986, and
                                                           works as a conductor based out of Richmond.             the local as delegate and legislative representative.
Alan Thompson reports. “Our goal was to hope-
fully collect $2,000. The money was divided                He has worked injury-free his entire 23-year            BNSF Railway GO 017, Chino, Calif.
evenly for each employee and the cards were pur-           Amtrak career, and never has had an operat-               William “Butch” Young retired as general chair-
chased so that they could be used for groceries,           ing rules violation, which Boardman called              person of this BNSF Railway General Committee
other gift cards or even gasoline for their vehicles.      “a manifestation of his belief that safety is           of Adjustment on Dec. 1. As previously reported,
There were 34 UTU and nine BLET members not                first and foremost.”
                                                                                                                   he was succeeded by his son, Danny Young. On
working for the season. I would like to thank all of          In March 2008, Bates was elected as the              Dec. 4, former UTU Coastlines General Chair-
the employees who participated,” Thompson said.            first African-America legislative director in           persons John Easley and Al Delyea joined UTU
                                                           the 140-year history of the UTU and its pred-
Local 934, Alliance, Neb                                   ecessor organizations, and also serves as pres-
                                                                                                                   Assistant President Arty Martin at a retirement
  Local President Brian Heitz reminds all mem-                                                                     party honoring Young at Fleming’s Prime Steak-
                                                           ident of Local 1933.
bers that this BNSF Railway local has a Web site                                                                   house & Wine Bar in Rancho Cucamonga.
                                                              Luna, who died in 1992, was president of
at http://utu934.webs.com.
                                                           UTU predecessor Brotherhood of Railroad
Local 1053, Selma, Ala.                                    Trainmen, and the UTU’s first president.
  This Norfolk Southern local and the Alabama              Luna also served as a member of the Amtrak
State Legislative Board have established a fund to         Board of Directors for more than 12 years,
assist a Norfolk Southern conductor who was                having been nominated and renominated to
critically injured in an automobile accident Sept.         the Amtrak board by Presidents Nixon, Ford,
6, State Legislative Director Ronnie Clements              Carter and Reagan.
reports. Josh Greenhill, 20, sustained multiple
fractures and internal injuries. Anyone interested       Local 1138, Miami, Fla.
in contributing to a fund to assist Greenhill             Local chairperson Alfredo Pena died in a
should send a check payable to “Roger Roberts”           motorcycling accident Dec. 11, CSX GO-851
(local chairperson), in care of the UTU Alabama          General Chairperson John Hancock reports.
State Legislative Board, 402-F South Decatur St.,        Pena, 42, was employed by the Florida East Coast          John Easley, Al Delyea and Assistant President Arty Martin
Montgomery, AL 36104.                                    Railway for 18 years. Pena is survived by his wife,       join Butch and son, Danny, at the Young retirement party.

                                                           www.utu.org / www.utuia.org
December 2009 / January 2010 UTU News                                                                                                                         Page 3


FRA denies one-person crew ban
   WASHINGTON – The Federal Railroad                   al safety regulations prohibiting use of one-              The FRA also said that the conductor certifi-
Administration has denied a joint UTU/BLET             person crews in yard or road operations.                 cation requirement, part of the Rail Safety
petition for an emergency order prohibiting the           Said the agency in denying the joint UTU/BLET         Improvement Act of 2008, “when implemented,
use of one-person crews in conventional and                 petition, which was filed in early June:            will provide additional support for the training
remote control yard switching operations.                          “FRA does recognize that, since these        and qualification of [remote control operators.]”
   In denying the joint UTU/BLET peti-                           particular one-person operations are
tion, the FRA, while acknowledging the                            new, we have no prior data with which         UTU/BLET: “No conditions exist where
high-priority safety concerns raised, said
it had “no factual evidence to support
                                                                  to compare conventional operations and
                                                                  have little prior experience with these
                                                                                                                one-person operations are safe.”
the prohibition against one-person crew                          operations. Accordingly, we intend to
operations at this time. Switchmen,                            monitor these operations very closely.              Concluded the FRA, “Because of the advances
trainmen, and RCOs routinely perform                                                                            in technology, we are seeing significant changes
                                                                     “As technology advances, FRA is also       in operations – many that never existed before.
tasks alone, even when on a two-person                            aware that the transfer of certain addi-
or three-person crew,” said the FRA.                                                                            FRA will continue to look very closely at these
                                                       tional tasks and responsibilities to a single individ-   changes when they occur.”
   Although the UTU has collective bar-                ual may result in ‘information overload’ and/or
gaining agreements in force with most rail-                                                                        UTU International President Mike Futhey
                                                       diminished ‘situational awareness.’ We believe
roads requiring at least one conductor on                                                                       said the fight against one-person crews “will
                                                       these conditions should be considered when chang-
each train start, there currently are no feder-                                                                 remain the UTU’s top priority – before the
                                                       ing work assignments or adding new technology.
                                                                                                                FRA and before Congress. We know, and the
                                                                                                                BLET agrees, having stated jointly with us in
FRA study documents relationship                                                                                the petition for the emergency order, that no
                                                                                                                conditions exist where one-person opera-
between work schedules, alertness                                                                               tions are safe.”

   A new Federal Railroad Administration               the study says is twice than normal for U.S. work-
report released in December is the latest confir-
mation that train and engine service employees
                                                       ing adults.
                                                          Variable start-time workers with erratic work
                                                                                                                  RRB tax rates will be
with variable start times report for duty less alert
than do those with fixed start times.
                                                       schedules, says the study, engage in supplementary
                                                       sleep on workdays because of scheduling issues
                                                                                                                  unchanged in 2010
   The study analyzed work/rest schedules and          that prevent them from planning adequate rest.                Earnings subject to Railroad Retirement
sleep patterns of U.S. railroad train and engine          Therefore, says the study, variable-start work-         Tier I, Medicare and Tier II tax rates – and
service personnel, and the relationship between        ers report for duty less alert than do fixed-start         those tax rates – remain unchanged in 2010,
these schedules and alertness.                         workers. In fact, the total number of labor hours          said the Railroad Retirement Board.
   Members of the UTU and BLET assisted with           performed at what the study terms “low effec-              •Employer & employee Tier I tax: . . .6.2%
the study, providing a log that each participant       tiveness” exceeds 10 million hours annually rail-          •Earnings subject to tax: . . . . . .$106,800
updated daily for two weeks.                           industry wide.                                             •Medicare tax: . . . . . . . . . . . . . . . . .1.45%
   Some two-thirds of the logs were kept by train         The FRA said this study provides a baseline for          (No cap on earnings subject to tax)
and engine service workers with variable start         future study after new hours-of-service regula-            •Employee Tier II tax: . . . . . . . . . . . .3.9%
times and what the study terms “significant start      tions – limiting hours of work each month and
time variability.” The other third of the logs were                                                               •Employer Tier II: . . . . . . . . . . . . . .12.1%
                                                       requiring mandatory uninterrupted rest periods –           •Earnings subject to tax: . . . . . . .$79,200
kept by workers with fixed work-start times.
                                                       are fully implemented.
   The study reveals that while train and engine

                                                       Delegates ratify amendments to UTU Constitution
service workers report longer daily sleep than
most U.S. adults, they suffer poor sleep quality

                                                       to accommodate the closure of Canadian locals
and high stress levels – particularly those with
variable start times.
   Some eight percent of train and engine service
workers surveyed reported they suffer from a              UTU delegates have voted to make numerous             UTU Constitution to reflect the current num-
medical condition called “sleep apnea” – a rate        amendments to the UTU Constitution to                    ber of International vice presidents (seven,
                                                       accommodate the demographic changes                      including one from the Bus Department), as all
                                                       brought about by the required closure of all             attritions previously approved by delegates have
CN’s IC yardmasters                                    Canadian locals.                                         taken place.

join UTU membership
                                                          Although some Canadian members remain, all               And the board of directors will be comprised of
                                                       are assigned to U.S.-based locals.                       11 members – the International president, assis-
                                                          Ballots were returned by 62 percent of del-           tant president, GS&T, national legislative direc-
   Some 50 yardmasters employed by Illinois                                                                     tor, and seven vice presidents (including one
                                                       egates, with 96 percent voting to amend the
Central Railroad (an operating subsidiary of                                                                    from the Bus Department).
                                                       UTU Constitution. The ballot proposal,
Canadian National) are now UTU members
                                                       having received well in excess of the
following those yardmasters’ decision to merge
their Illinois Central Yardmaster Association
                                                       required two-thirds majority, becomes effec-             Rail carloads, employment
                                                       tive Jan. 27, 2010.                                      down sharply, data show
into the UTU.
                                                          None of the amendments affect any rights
   The National Mediation Board certified the
                                                       conferred upon UTU members by the UTU
transfer of representa-
                                                       Constitution, nor do the amendments make any
tion on Dec. 17, noting
                                                       change to representation or process.
that the agency “grants
requests for transferring                                 “The practical effect of the approved
certifications absent                                  amendments is to be able to fulfill – given the
evidence of fraud or gross abuse in the merger or      absence of Canadian members – the require-
election.”                                             ments of the UTU Constitution with regard
   UTU International President Mike                    to the make up of the Board of Directors, the
Futhey congratulated retired General                   Board of Trustees and the Executive Board,”
Chairperson Warner Biedenharn (GO 433,                 said UTU General Secretary and Treasurer
Illinois Central), Director of Strategic               Kim Thompson.
Planning John Nadalin and Tim Ti l l m a n o f            UTU delegates approved amending Articles
the IC Yardmaster Association for their                2, 6, 10, 11, 12, 19, 21, 22, 32, 36, 37, 38, 41,
“dedication and effort.” The Illinois Central          57, 59, 63, 64, 66, 73, 83, 91, 93, 96, 97, 98 and          Train and engine service employment on the
Yardmaster Association was formed in 1950.             99 to the UTU Constitution. In each of these             nation’s major, or Class I, railroads in November
   Illinois Central, long known as the Main Line       articles, language referring to “Canadian” will          fell to its lowest point over the past 12 months,
of Mid-America, connects Chicago with New              be removed.                                              according to Surface Transportation Board data.
Orleans and Birmingham, Ala. The IC was                   For example, the amendments now provide                  The number of Class I train and engine service
acquired by CN in 1998 as an operating subsidiary.     that a member at large of the UTU will be elect-         employees fell 15 percent since November 2008,
   The Railroad Yardmasters of America, which          ed to the Executive Board in place of a position         to 56,477 in November 2009.
was organized in 1918, affiliated with the UTU         reserved for a Canadian member.                             Total Class I rail employment has declined
in 1985.The yardmaster craft – as are all crafts          Also, the UTU national legislative director           almost 10 percent since November 2008, to
within the UTU – is guaranteed by the UTU              will become a member of the Board of                     147,047. Compared with 1967, which is the base
Constitution autonomy and craft representa-            Trustees – a position formerly held by a Cana-           year for STB data collection, total Class I employ-
tion, as well as protective advantages and             dian officer.                                            ment is down some 75 percent – 147,047 in
strength associated with UTU membership.                  Additionally, the amendments change the               November 2008 versus 593,568 in 1967.

                                                         www.utu.org / www.utuia.org
Page 4                                                                                             December 2009 / January 2010 UTU News


            Your safety is our number-one priority
           hat should have been a                                                                                            tion and Federal Aviation Adminis-

W          joyous holiday season
           ended tragically Dec. 29
with the death of Brother Samuel
                                                                                                                             tration safety officials; the NTSB;
                                                                                                                             other labor organizations, academ-
                                                                                                                             ics, and key congressional staff dis-
Lundy in a switching accident in                                                                                             cussing and pushing for improved
Minneapolis.                                                                                                                 workplace safety improvements.
   Brother Lundy was the eighth                                                                                                 Our state legislative directors sim-
UTU member killed in the line of                                   By Mike Futhey, International President                   ilarly are involved, on a daily basis,
duty during 2009. In grieving, I am                                  (216) 228-9400; president@utu.org                       in investigating member concerns
inspired by the somber words of                                                                                              and working with state officials and
Local 1000 President John Hagger-                                                                                            lawmakers on workplace safety
ty: “If this could have happened to          Within the UTU, we have three          situational awareness and keep it at     issues.
him, it could happen to any of us.”       separate safety initiatives. This is in   its highest level.                          Finally, our Designated Legal
   Railroaders work in one of the         addition to our efforts at the negoti-       Additionally, the UTU partici-        Counsel are an essential component
most – if not the most – dangerous        ating table; initiatives with other       pates in the Federal Railroad            of our workplace safety efforts.
industries in America, where acci-        labor organizations; communica-           Administration sponsored Switch-         These attorneys are uniquely quali-
dents, rather than resulting in sprains   tions with federal regulatory agen-       ing Operations Fatalities Analysis       fied in bringing civil actions against
and broken bones, too often result in     cies, Congress and state legislatures;    (SOFA) working group, whose mis-         railroads under the Federal Employ-
career-ending injuries and death.         and our Designated Legal Counsel          sion is to develop recommendations       ers’ Liability Act (FELA), which is
   There is no stronger bond among        program.
labor organizations, and the work-           Last year, I created the UTU Rail
ing men and women in America,             Safety Task Force, whose mission is             “If this could have happened to him, it could
than the joint objective of improv-       to identify and communicate best                happen to any of us.”
ing workplace safety.                     practices and techniques to improve
                                                                                    for reducing fatalities in switching     one of the best friends railroaders
                                                                                    operations.                              have in pressuring railroads to
                                                                                       The UTU also has a 13-member          improve workplace safety.
                                                                                    Transportation Safety Team to assist        Please visit the various safety-
                                                                                    National Transportation Safety           related pages on the UTU Web site
                       utunews@utu.org                                              Board investigators in determina-        to keep informed and stay up to date
              Mike Futhey, International President                                  tion of facts in rail-related acci-      on best practices designed to bring
                        president@utu.org                                           dents. Members are selected based        you home safely to your family.
                Arty Martin, Assistant President                                    on knowledge of operating rules and         And when you do spot a work-
                        asstpres@utu.org                                            understanding of general railroad        place safety problem, please inform
         Kim Thompson, General Secretary and Treasurer                              operations, train movements and          your local legislative representative
                           gst@utu.org                                              dispatching. They receive training       and your state legislative director at
            James Stem, National Legislative Director
                      jamesastem@aol.com
                                                                                    in NTSB investigative techniques.        your earliest convenience, providing
                                                                                       In Washington, the UTU                as many facts as you are able regard-
                           Contact the UTU:                                         National Legislative Office spends a     ing location and the nature of the
                  Phone (216) 228-9400; fax (216) 228-5755                                                                   safety problem.
                                                                                    considerable portion of each work-
      For the latest news, visit www.utu.org regularly; also, sign up               day in meetings with FRA, Federal           I pledge to each of you that work-
          on the UTU Web site to receive news alerts via e-mail.                    Transit Administration, Federal          place safety will remain the UTU’s
                                                                                    Motor Carrier Safety Administra-         single-highest priority.



Distraction, fatigue are killers; don’t be a victim
   As chairperson of the National                                                                                            Don’t be a night owl
Transportation Safety Board – and a                                                                                            People are hard-wired to be awake
licensed commercial driver – I have                               A message to UTU members                                   during the day and asleep at night. If
learned that two of the biggest safe-
ty issues we face are distraction and
                                                                             from                                            possible, avoid driving during late
                                                                                                                             night and early morning hours.
fatigue, ones that we have all expe-                                 NTSB Chairperson
rienced and can readily address. Two                                                                                         Stay healthy
recent bus accidents that the NTSB                                  Deborah A.P. Hersman                                        See your doctor regularly, espe-
investigated illustrate the possible                                                                                         cially if you are having trouble sleep-
tragic consequences when we over-                                                                                            ing or staying alert during waking
look these factors.                       the crash risk is increased nearly six    diminished alertness due to inade-       hours. Ask your doctor or pharma-
                                          times when dialing, and more than         quate sleep. His sleep quality was       cist to suggest non-drowsy prescrip-
Driver, distracted, crashes bus           23 times when texting, compared           probably affected by his head con-       tion or over-the-counter medica-
   In 2004, a class trip to Mount Ver-    with driving without these distrac-                                                tions for you to use when driving.
                                                                                    gestion, difficulty acclimating to the
non, Va., ended abruptly as the           tions. Because multitasking with a        high mountain altitude, and incon-       Don’t drive drowsy
motorcoach in which the students          cell phone or other distracters fre-
were traveling struck an overpass.                                                  sistent use of a device used in treat-      Don’t start a trip if you are tired,
                                          quently occurs without incident,
                                                                                    ment of sleep apnea.                     and if you feel drowsy while driving,
   Eleven of the 28 passengers were
injured. The driver, who was talking                                                                                         pull over. By the time you feel
                                                                                                                             sleepy, you are probably already
on a hands-free cell phone at the time,   “It is professionalism that distinguishes safe drivers                             impaired. Naps and caffeine have
missed a sign advising vehicles of the
10-foot, 2-inch low clearance in the      from those who rely on luck.”                                                      been shown to have only a tempo-
                                                                                                                             rary benefit for alertness. Nothing
right lane.
                                                                                                                             beats a good night’s sleep.
   He also failed to notice that the      drivers can develop a dangerous, and         A tired driver is a dangerous driv-
motorcoach he was following had           false, sense of security.                                                          Professional drivers are safe
                                                                                    er. A Federal Motor Carrier Safety
moved into the left lane, as the sig-                                                                                           It’s professionalism that distin-
nage directed, to safely pass beneath                                               Administration study of large truck      guishes safe drivers from those who
                                          Sleepy driver a dangerous one             accidents found that 13 percent of
the 13-foot, 4-inch clearance center                                                                                         rely on luck. Safe drivers avoid using
of the arched bridge.                        Another danger zone for motor-                                                  wireless devices behind the wheel
                                                                                    truck drivers were fatigued at the
                                          coach operators is shown in an acci-                                               and ensure they are well rested to
   A common misconception is that                                                   time of their crash. So, how can you
hands-free cell phones are safer than     dent when a motorcoach returning                                                   put their passengers – and their own
                                          from a ski trip to Telluride, Colo.,      avoid being an accident statistic?
handheld devices, and therefore                                                                                              safety – first.
acceptable for use while driving. But     drifted off the road, struck a
                                          guardrail, descended an embank-
                                                                                    Get enough sleep                            (NTSB Chairperson Deborah A. P.
studies show that not only dialing,
                                          ment and overturned. Nine passen-           Most people need eight hours per       Hersman holds a commercial driver’s license
but also talking on a cell phone,                                                                                            with passenger, school bus, and air brake
regardless of the type, increases acci-   gers were killed and 43 passengers        night. Performance starts to decline
                                                                                                                             endorsements. She previously advised Sen -
dent risk.                                and the driver were injured. The          when sleep is reduced by even a few      ate Democrats on transportation issues,
   Among drivers of heavy vehicles,       probable cause was the driver’s           hours.                                   including bus safety legislation.)

                                                           www.utu.org / www.utuia.org
December 2009 / January 2010 UTU News                                                                                                                                 Page 5


State Watch                                                        News from UTU State Leg i s l a t i ve Boards
Arizona                                                 Maryland                                                           Texas
   State Legislative Director Scott Olson (L-             State Legislative Director Larry Kasecamp
1629), also chairperson of the UTU’s National          has been honored by the Maryland Central
Association of State Legislative Directors and         Labor Council with its coveted David J. Lewis
member of the UTU Rail Safety Task Force,              Memorial Award. Lewis, a seven-term con-
retired Dec. 1.                                        gressman, was a staunch friend of working
                      He hired out as a brakeman       families. Kasecamp has served on the execu-
                   on the Southern Pacific (now        tive board of the Western Maryland Central
                   part of the Union Pacific) in       Labor Council for 15 years.
                   1966.
                      “Because I was six foot four
                   inches tall, I was appointed
                   ‘inner guard’ of the local the                                                                         State Legislative Director Connie English
                   year after I started; that meant                                                                       Jr. recently presented a UTU lantern to Geri
      Olson        I watched the door and kept                                                                            Clark, who is assistant to labor member V.
                   the bad guys out of meetings,”                                                                         M. Speakman Jr. of the U.S. Railroad
joked Olson.                                                                                                              Retirement Board. In his presentation,
   Olson was later elected alternate local legisla-                                                                       English said Clark has been helpful in solv-
                                                                                                                          ing retirement or disability problems for
tive representative and vice local chairperson,
                                                                                                                          many UTU members in Texas. “The resolu-
legislative representative and local chairperson,       Pictured at the ceremony are, front row, from left,               tion is almost always in favor of the employ-
and was elected state director in 1998.                 Designated Legal Counsel Matt Darby, National                     ee. Thank you, Geri Clark, for the great job
   “It has been my distinct honor to serve the          Legislative Director James Stem, Kasecamp, Assis-                 you do!” he said.
                                                        tant National Legislative Director John Risch, Brian
members, and I have been fortunate to have had
                                                        Deriso (L-600), Shane Rosenberger (L-600) and
such great assistant directors,” he said.                                                                               tive Director Dan O’Connell said. “When the
                                                        Phil Hite (L-430). Back row, from left, Bob Suesse
   Assistant State Director Greg Hynes (L-              (L-600), Jeff Foreman (L-600), Mike Wilson (L-                  state legislature threatened to reduce NJT serv-
1081) was elevated to state director. Hynes had         600), Keith Young (L-600), John Poling (L-430),                 ice, Dick worked with passenger groups to fight
been elected assistant director for two terms and       Terry Horner (L-600) and Tim Galica (L-430).                    the cuts and lobby for more service. He contin-
Olson says “he is qualified to keep up the UTU’s                                                                        ued these efforts even after his retirement.”
reputation as a fighter for our members’ rights at    Gulf, Mobile & Ohio Railroad (now part of Illi-
                                                      nois Central) in 1967.
                                                                                                                        Wisconsin
the Arizona capitol and with our congressional
                                                                                                                           Wisconsin Governor Jim Doyle has signed
delegation.                                             Survivors include his wife, Nita Fowler, five                   into law legislation that requires the state’s
   NASLD Assistant Chairperson Don Dunlevy            children and 12 grandchildren.                                    superintendent of public instruction to include
of Pennsylvania has assumed the chairmanship                                                                            the history of organized labor and collective bar-
of that group, which will hold an election for        New Jersey                                                        gaining in the model academic standards for
assistant chairperson.                                   The state legislative board mourns the loss of                 social studies.
                                                      former secretary Richard “Dick” Venus (L-60,                         This is the first such legislation in the nation.
Mississippi                                           Newark). Venus began his career in 1947 with                         The legislation will allow for the history of
   Retired Mississippi State Legislative Director     New York Central Railroad, and later worked for                   workers and their unions to be taught in Wis-
Neal Fowler, 70, died following a lengthy illness.    Central Railroad of New Jersey, Conrail and                       consin public schools.
   A member of Local 1088 in Jackson, Fowler          New Jersey Transit, retiring in 1997.                                Many local labor leaders, including State Leg-
also served four consecutive terms as president of       He served as board secretary from 1976 to                      islative Director Tim Deneen, attended the sign-
the Mississippi State AFL-CIO.                        1983. “Dick understood the importance of UTU                      ing of the legislation in the governor’s confer-
   A resident of Vicksburg, Fowler hired out with     members being politically active,” State Legisla-                 ence room at the state capitol in Madison.

                                                                                       SEPTA’s Red Arrow operators
        Bus Department                                                                 vote new contract, new officers
       By Richard Deiser, vice president / director                                       PHILADELPHIA – Members of Local 1594, which represents more than
                                                                                       230 bus and trolley operators on the Southeastern Pennsylvania Transporta-
                                                                                       tion Authority’s (SEPTA) Red Arrow Division, on Dec. 13
                                                                                       ratified a new agreement that provides for increased wages,
I am optimistic for 2010;                                                              benefits and a signing bonus.
                                                                                          Additionally, on Dec. 11, Local 1594 members elected
we will build on success                                                               Waverly Harris their general chairperson. He is a 16-year
                                                                                       SEPTA employee and is qualified to operate buses, trolleys
   During my six months as Bus Department vice pres-                                   and rail cars.
ident, I have done my absolute best to meet many of                                       Also elected to Local 1594 posts were James Shedrick as
you, and I look forward to getting to know more of you                                 vice president, Eric Goodwin as secretary, Harold Jones as        Harris
in 2010. I still have a lot to learn and look to you for                               alternate delegate, and Dana Cherry as alternate legisla-
guidance.                                                                              tive representative. A runoff election will be conducted for the posts of vice
                                                                                       chairperson, delegate and legislative representative.
   Hopefully many of you will attend a regional meet-
                                                                                          The Local 1594 negotiating team, for the new contract, included Harris,
ing for training and fraternity.
                                                                                       Brian Caldwell and Kevin Baldwin.
   During 2009, we experienced the thrill of victory and the agony of                     They were assisted by Calvin Studivant, UTU International Bus Depart-
defeat, but that is the nature of labor/management relations in these                  ment alternate vice president; Billy Moye, UTU International representa-
troubling times. I’m encouraged that 2010 will bring an upturn in the                  tive, and Don Dunlevy, Pennsylvania state legislative director.
economy and our devotion to duty will be recognized more favorably.
   No UTU International officer can succeed on their own, and I thank                         Santa Monica’s Big Blue ‘Holiday’ bus
everyone involved in this huge, cooperative effort – especially Mike
F u t h e y, Arty Martin, Kim Thompson and my alternates, Calvin Studi-
vant and Bonnie Morr, for making this an administration of which we
all can be proud.
   I could not ask for a better assistant than Cara McGinty at the UTU
International office, who regularly accomplishes the impossible. The
Legal Department always provides sound advice. All the staff at the
UTU International go out of their way to be helpful, and make one feel
that we are all part of a large union family striving to help each other.
   If you have questions on bus safety, please pass them along. I will do
my best to have them answered.                                                           Santa Monica, Calif.’s, Big Blue Bus rolled out its popular, fully wrapped holiday bus
   Later this year, the UTU News will feature photos of men and                          on Saturday, Nov. 28. Sponsored by Cirque du Soleil’s production of KOOZA, the bus
women in armed forces uniform. Please send those photos to the Pub-                      remained in service throughout the season. The bus operators employed by Big Blue are
                                                                                         members of Local 1785 at Santa Monica.
lic Relations Department in Cleveland at “utunews@utu.org.”
                                                        www.utu.org / www.utuia.org
   2010 national rail contract negotiations are underway
Page 6                                                                                  December 2009 / January 2010 UTU News                        December 2009 / January 2010 UTU News                                                                                                                 Page 7




UTU and carriers to                                         UTU National Negotiating Committee                                                                                                          Railway Labor Act
amend agreement                                                                                                                                                                                 collective bargaining procedures
  The UTU and most major freight rail-
roads have begun a new round of con-
tract negotiations to revise rates of pay,
rules and working conditions. These rail-                                                                                                                           Phase 1:                      Phase 2:             Phase 3:
                                                                                                                                                                Direct negotiation;                 NMB;             NMB declares
roads coordinate their bargaining under                                                                                                                            no time limit                 no time limit      impasse, 30-day
the umbrella of the National Carriers’                                                                                                                                                                                countdown
Conference Committee (NCCC).                                                                                                                                                                                            begins if
                                                                                                                                                                                                                       arbitration
  The railroads include BNSF, CSX,                   Mike Futhey              Arty Martin            Clint Miller             Robert Kerley                                                                             rejected
Kansas City Southern, Norfolk South-             International President    Assistant President     General Counsel           Vice President
ern, Soo Line, Union Pacific and many
smaller carriers. Other railroads, includ-
ing Amtrak and U.S. operations of                                                                                                                                               UTU and          Mediation by
Canadian National, negotiate individu-                                                                                                                     Section 6         carriers agree         National         NMB proffers                              President
                                                                                                                                                                                                                                       NMB may notify                                 UTU,
ally with the UTU.                                                                                                                                      Notices, which      (within 10 days)       Mediation            binding
                                                                                                                                                                                                                                         President of
                                                                                                                                                                                                                                                                names
                                                                                                                                                                                                                                                                                   carriers free   U.S. Congress
  Some 40,000 UTU members are affected                                                                                                                  either UTU or           to confer;       Board, which          arbitration                            Emergency
                                                                                                                                                                                                                                       possible threat                             to exercise     may intervene
                                                                                                                                                         carriers may         conferences         either UTU,         which either                           Board; report
by these national contract talks, which fre-                                                                                                                serve           begin within 30     carriers or NMB     party may reject
                                                                                                                                                                                                                                        to commerce
                                                                                                                                                                                                                                                            due in 30 days
                                                                                                                                                                                                                                                                                    “self help”
quently set patterns for negotiated agree-                                                                                                                                   days of notice       may initiate
ments on other carriers.
                                                                            John Lesniewski          Pate King

The existing agreement remains in
                                                    Delbert Strunk                                                            Doyle Turner
                                                     Vice President        General Chairperson    General Chairperson     Alternate Vice President

force until negotiated amendments
                                                                                GO 049                 GO 680




                                                       UTU’s desired contract amendments
are ratified by UTU members.
                                                                                                                                                                              Agreement           Agreement           Arbitration                                                                   Public Law
                                                                                                                                                                                                                                                                Report



  The existing national agreement,              Following are major elements of the UTU’s desired amendments, developed from member
which became open for amendment on                                                                                                                                                                                                                 If NMB or President fails to act,
                                                recommendations as approved by the Association of General Chairpersons, District 1.

                                                Complete and permanent elimination of existing service scale (entry rates of pay).
                                                                                                                                                                                                                        Award                             procedures end
Jan. 1, will remain in force until tenta-

                                                Complete and permanent elimination of the two-tier pay system.
tively negotiated amendments are pre-
sented to UTU members and ratified

                                                A series of general wage increases, effective Jan. 1, 2010, and every six months thereafter.
                                                                                                                                                                                               Understanding the Railway Labor Act
under the craft autonomy provisions of

                                                Cost of living adjustments.
the UTU Constitution.
  In November, the NCCC and the UTU
                                                A crew calling window structure of no less than a 10-hour call.
exchanged their desired amendments to

                                                A process to resolve fatigue issues relative to cross-craft utilization, inaccurate line-ups
the existing national agreement. The two
sides now will meet at regular intervals to                                                                                                             Contract negotiations are governed
                                                   and manipulation of pool crew boards caused by paper deadheading and dropping of
discuss those contract demands.
                                                                                                                                                      by provisions of the Railway Labor Act
  In December, carriers withdrew one of
                                                   turns.                                                                                             (RLA).
                                                Ability to mark off to deal with fatigue-related problems and for family needs and
their demands, entitled “staffing and
consolidation,” in exchange for the                                                                                                                     Rail contracts never expire, but are
                                                   emergencies.
UTU withdrawing a lawsuit alleging                                                                                                                    amended periodically.

                                                Allow three attempts to pass the engine service exam.
that demand was inappropriate for                                                                                                                       Negotiations begin with the
national handling.
                                                Compensation for certifying as a conductor (certification to be established by the FRA
                                                                                                                                                      exchanging of desired amendments as
  The NCCC also is negotiating with oth-                                                                                                              provided by Section 6 of the RLA.
er rail labor unions whose contracts simi-
                                                   as directed by the Rail Safety Improvement Act of 2008).                                             If the sides can’t agree, either side
                                                Peer-related craft pay for training periods.
larly became open for amendment Jan. 1.
  It is observed that the RLA bargain-                                                                                                                may request assistance from the

                                                Carriers to give first employment consideration to qualified conductors furloughed
ing process seems “almost inter-                                                                                                                      National Mediation Board (NMB).
minable,” because RLA contracts do                                                                                                                      Only the NMB may release the par-
not expire; and if the parties hit snags in        from other railroads.
                                                Furloughed employees called back to work will be guaranteed a minimum of 60 days
                                                                                                                                                      ties from the bargaining table, and
bargaining, the National Mediation                                                                                                                    strikes, lockouts and unilateral man-
Board can prolong mediation in an
                                                   of work and pay.                                                                                   agement changes to contracts are pro-
                                                Increased meal allowances.
effort to gain a voluntary settlement.
  The Supreme Court said, “In the long                                                                                                                hibited during mediation.                               lockout can occur after a mandatory                   ing, then select UTU University

                                                Restrictions on transferring, consolidating, combining or centralizing yardmaster
run, delaying the time when the parties can                                                                                                             Only the NMB may declare an impasse.                  cooling-off period.                                   under Links.
resort to self help provides time for tempers                                                                                                         It then recommends binding arbitra-                       Most frequently following a wide-                     Also available is a new book,
to cool [and] helps create an atmosphere in        assignments.                                                                                       tion, but both parties must consent.
                                                Establishment of a formula for yardmaster extra boards.
                                                                                                                                                                                                              spread interruption in rail service, Con-             Understanding the Railway Labor Act,
which rational bargaining can occur.”                                                                                                                   If binding arbitration is rejected,                   gress steps in and imposes its own bind-              published by Simmons-Boardman
                                                Enhanced benefits under the NRC/UTU Health and Welfare Plan and the Railroad
  To stay informed, log on to                                                                                                                         the President of the U.S. may appoint                   ing settlement – generally following rec-             Books (1-800-228-9670), which
www.utu.org to view important new
                                                                                                                                                                                                              ommendations of the emergency board.                  includes essays by UTU General
                                                   Employees’ National Health and Welfare Plan (GA-23000).
developments. Also, sign up for e-mail                                                                                                                an emergency board to make non-
alerts on the UTU home page. Carrier                                                                                                                  binding settlement recommenda-                            To learn more about the RLA, visit the              Counsel Clint Miller, arbitrator
Section 6 notices may be viewed at              To read the UTU’s entire list of contract amendments, and to read the NCCC’s desired                  tions. If those recommendations are                     UTU University on the Web at                          Frank Quinn, a former carrier labor
www.utu.org by clicking on the “Nation-         amendments, go to www.utu.org and click on the “National Rail Contract” link.                         rejected by either party, a strike or                   www.utu.org. Click on Organizing/Train-               officer, and a member of the NMB.
al Rail Contract” link.
                                                www.utu.org / www.utuia.org                                                                                                                                       www.utu.org / www.utuia.org
Page 8                                                                                                                December 2009 / January 2010 UTU News




   News, information for members of the UTU Alumni Association

UTUIA director post filled                                                                                                                         RRB scores high
by Alumni Association member                                                                                                                    in satisfaction survey
                                                                                                                                                   The Railroad Retirement Board (RRB)
   Retired Ohio State Legislative Director and                       The UTUIA is one of the nation’s few remain-                               earned a score of 88 out of a possible 100 in
conductor William J. Thompson has been elect-                     ing union-friendly insurance companies. Where                                 a recent American Customer Satisfaction
ed to the United Transportation Union Insur-                      competing insurance companies frequently are                                  Index (ACSI) survey. This is 19 points higher
ance Association Board of Directors following                     engaged in anti-union activities, such as lobbying                            than the latest Federal government average
his nomination to the post by the UTU Board of                    for corporate-favored public policy, the UTUIA                                of 69 and demonstrates a high level of satis-
Directors.                                                        is an insurance company owned by union mem-                                   faction with the services of the RRB.
                      Thompson, a member of                       bers, and it operates solely for the benefit of                                  The ACSI survey focused on railroad work-
                   the UTU Alumni Associa-                        union families.                                                               ers who had recently retired and were receiv-
                                                                                                                                                ing monthly annuity payments from the RRB.
                   tion, held the posts of assis-                    Other UTUIA board members include:
                                                                                                                                                This segment of the agency’s beneficiary
                   tant Ohio state director and                      UTU International President Mike Futhey;                                   population was originally surveyed in 2001
                   then state director from                       Assistant President Arty Martin; General Secre-                               and the current score reflects a six-point
                   1981 through his retirement                    tary and Treasurer Kim Thompson; National Leg-                                improvement over the previous score of 82.
                   in 2002.                                       islative Director James Stem, and independent                                    The 2009 survey found the RRB scoring
                      He hired out with the                       members Joyce Terbovich, a certified public                                   highest (93) in the area of customer service,
    Thompson       Akron, Canton & Youngstown                     accountant; Nicholas J. DeCicco, a registered                                 with courteous and professional personnel
                   Railroad in 1961, before it was                principal with the National Association of Secu-                              providing clear and accurate information.
acquired by Norfolk & Western Railway (now                                                                                                      This was a two-point increase over the 2001
                                                                  rity Dealers and a former president of Midwest
part of Norfolk Southern), and was elected to                                                                                                   score of 91. Telephone service was rated
                                                                  Life Insurance Co.; and Frank J. Riha, a certified                            highly at 82. Customers also had a high level
posts of general chairperson, local chairperson and               public accountant and former insurance examin-                                of confidence in the RRB doing a good job,
legislative representative of UTU predecessor                     er supervisor for the State of Ohio Insurance                                 with a score of 91.
Brotherhood of Railroad Trainmen Lodge 432.                       Department.
   For more than 135 years, the UTUIA and its

                                                                  Wild West tour deadline nears
predecessors have served UTU (and UTU pred-
ecessor unions’) members and their families with
life, health and retirement protection products.
                                                                     The sign-up deadline is                                                                      The price includes sev-
                                                                  nearing for the UTU                                                                           en breakfasts and three
 Palmetto expands hours                                           Alumni Association’s “Pio-                                                                    three-course dinners, as
    Palmetto GBA, a national Part B                               neer Adventures of the                                                                        well as airport transfers,
 Medicare carrier that administers                                Old West.”                                                                                    hotel taxes, tips for bag-
 Medicare Part B health insurance for rail                           This eight-day adventure                                                                   gage handling and a sight-
 workers and their families, has expanded                         starts in Phoenix May 9,                                                                      seeing program.
 its railroad Medicare telephone hours in                         2010. It includes Sedona,                                                                       For more information,
 most geographic time zones.                                      Ariz., and the Montezuma                                                                      contact Landfall Ameri-
    Railroad Medicare Part B beneficiaries                        Castle National Monu-                                                                         can Express Travel at
 can contact Palmetto GBA’s toll-free cus-                        ment; a ride aboard the Grand Canyon Railway                             (800) 835-9233, e-mail travel@landfalltrav-
 tomer service unit at (800) 833-4455,                            through Grand Canyon National Park; a visit
                                                                                                                                           el.com, or access the UTU Alumni Associa-
 Monday through Friday, 8:30 a.m. until                           to Monument Valley in southwestern Utah and
                                                                  Lake Powell; Zion National Park; Bryce                                   tion page of Landfall Travel’s Web site,
 4:30 p.m., for all time zones, with the                                                                                                   www.landfalltravel.com/UTU.html.
 exception of PST, which receives service                         Canyon National Park; dinner at the Bryce
 from 8 a.m. to 4 p.m.                                            Canyon Country Rodeo; travel through the sce-                               This tour, arranged through internationally
                                                                  nic Virgin River Gorge into southern Nevada                              known Brendan Vacations, is open to all UTU
    The mailing address is Palmetto GBA
                                                                  and on to fabulous Las Vegas.                                            Alumni Association members, family and
 Railroad       Medicare       Part     B,
 P.O. Box 10066, Augusta, GA 30999.                                  The rate is only $1,525 per person based on                           friends; other UTU members are welcome to
                                                                  double occupancy. Airfare is additional.                                 join them as space permits.




                                                   T         H      E           F       I     N     A   L              C           A     L       L

                   Following are the names of recently deceased members who maintained annual membership in the UTU Alumni Association (formerly
                   known as the UTU for Life Program), according to reports received at UTU International Headquarters. These brothers and sisters will
                   be missed by their many friends and by fellow UTU Alumni Association members.
Local    Name                           City/State               Local    Name                               City/State                Local       Name                                      City/State
    2   Butler Jr., James                   Elkhart, Ind.          489   Frost, Jack Lewis               San Antonio, Texas              1092     Lancaster, Astol T.                           Teague, Texas
    2   Quigley, Richard W.               Sylvania, Ohio           528   Jenkins, Laurence A.               Hood River, Ore.             1137     McManus, John W.                           Dilworth, Minn.
   14   Cook, Kenneth C.                Jacksonville, Fla.         528   Wood, James F.                   Arlington Hts., Ill.           1172     White, Ed                                  Corinne, W. Va.
   14   Waltner, Leonard T.              Hamilton, Ohio            646   Cunard, Kenneth L.             Missouri Valley, Iowa            1263     Roberts, Joe L.                              Lake Park, Ga.
   60   Dembowski, Gerard                   Gilbert, Ariz.         679   Christiano, Allesandro                Surprise, Ariz.           1290     Janes, Marvin                                  Mattoon, Ill.
   60   Ehrenhofler Jr., Frank              Nanuet, N.Y.           707   Rodwell, Charles W.                   Fairbury, Neb.            1313     Clements Jr., Jesse C.                     Amarillo, Texas
  145   Schmidt, Gene O.               Indianapolis, Ind.          740   Onderisin, C.E.                            Joliet, Ill.         1361     Tudhope, Norman A.                        Isle la Motte, Vt.
  194   Waggoner Jr., Dewey F.              Elkhart, Ind.          744   Deaubler, Richard F.               Columbus, Ohio               1381     Sandford, Lyell G.                              Rogers, Ark.
  195   Lippert, Walter L.              Burlington, Iowa           783   Whitley, Paul A.                     Salisbury, N.C.            1382     Corbett, Robert J.                         Spring Hill, Fla.
  200   Schroeder, Cleo D.            North Platte, Neb.           792   Dills, Gerald B.                      Canton, Ohio              1393     Covert, Eugene C.                              Buffalo, N.Y.
  219   Newlon, Birney S.                 Hannibal, Mo.            872   Teeple, Robert W.                      Omaha, Neb.              1447     Koenig, Charles W.                      St. Augustine, Fla.
  225   DiPasquale, Gaetano M.             Galena, Ohio            891   Johnson, G.                       Whitefish, Mont.              1524     Foster, Paul D.                                   Bend, Ore.
  234   Sutherland, Edmund R.          Bloomington, Ill.           898   Fox, Charles E.                    Attleboro, Mass.             1534     Jackson, Clifford R.                         Hartford, Iowa
  254   Jarvis, Richard D.              Worcester, Mass.           903   Ware Sr., Raymond A.               Jacksonville, Fla.           1574     Cross, Gerald G.                        Ocean Park, Wash.
  258   Gavril, Richard A.                  Tooele, Utah           945   Luckey, Theodore C.                Dodge City, Kan.             1713     Flint, David M.                          Marysville, Wash.
  298   Connell, William S.              Spring Hill, Fla.         970   Ashley Jr., Calvin V.                Abbeville, S.C.            1770     Kennedy, Roy G.                              Bothell, Wash.
  298   Small, Russell E.              Huntington, Ind.            982   Quigley, John A.                  Spencerport, N.Y.             1823     Sutton, Richard L.                               Festus, Mo.
  306   Maximona Jr., Peter             Sioux City, Iowa           997   Gilliland Sr., Robert L.       Rockhill Furnace, Pa.            1948     Fall, Arthur E.                          E. Palestine, Ohio
  313   Coston, Richard L.             Greenville, Mich.          1003   Youngblood, Fred L.                   Winfield, Ala.            1963     Carrico, Thomas E.                       Indianapolis, Ind.
  363   Knouff, R.B.                           Salem, Va.         1011   Jones, Harry M.                  Rockingham, N.C.               1978     Todd, Harold A.                          Lunenburg, Mass.
  367   Werner, Wayne D.              Battle Creek, Neb.          1031   Shytle, John R.                        Madison, Ga.             1978     Valane, Peter J.                              Yonkers, N.Y.
  414   Wishnousky, Fred                   La Salle, Que.         1075   Marken, Robert C.                Stockbridge, Mich.           Correction: Robert W. Clark, a member of Local 298 in Garrett, Ind., was
  469   Koder Jr., Earl                    St. Louis, Mo.         1075   Smalley, Harold D.                   Trenton, Mich.           incorrectly included in this column last month. UTU News regrets the error.


                                                                    www.utu.org / www.utuia.org
December 2009 / January 2010 UTU News                                                                                                                                                    Page 9




     Don’t gamble with your
     retirement money!
      With the stock market fluctuating in value, now is the
     time to ensure a positive return on your money.
      Bet on a sure thing. UTUIA is currently paying four
     percent (4%) interest on IRAs and annuities.
     Although that rate can change from time to time based
     on UTUIA’s investment earnings, you will never earn less
     than UTUIA’s guaranteed three percent (3%) interest rate.
      Give UTUIA a call toll-free at (800) 558-8842, or complete
     and return the coupon below to receive more information.

                                                                                                       Information, please
                                                          I would like more information on the following UTUIA life annuities. Please print.

                                                               ❑ Traditional IRA ❑ Roth IRA ❑ Flexible Premium Annuity
                                                          Full name                                                                         Date of birth            UTU local number


                                                          Address                                                       City                                 State                 ZIP


                                                          Telephone number with area code                      Sex
                                                                                                                               Are you currently employed?     Yes   ❑        No   ❑

                                                         Complete and mail to: UTU IA Sales Dept., 14600 Detroit Ave., Cleveland, OH 44107-4250                                         01/10




UTUIA seeks 2010 volunteer of the year
  The United Transportation Union Insurance                        If so, the UTUIA would like to know about it.                         Additionally, he or she will be honored at the
Association is looking for a special person to                     A panel of judges at the UTU International                          2010 UTU/UTUIA regional meeting nearest
honor as its 2010 volunteer of the year.                        will review all submissions and select the 2010                        his or her home, with all expenses paid by
  Do you regularly volunteer at a hospital or                   volunteer of the year.                                                 UTUIA.
nursing home? Do you lead a Boy Scout or Girl                      The individual selected as UTUIA volun-                                Also, 20 runners up will be selected to receive
Scout troop or work with the handicapped? Are                   teer of the year will receive a $1,000 U.S. Sav-                       certificates of appreciation for their volunteer
you involved in some other activity that benefits               ings Bond and a plaque of appreciation from                            efforts.
those in your community?                                        the UTUIA.
                                                                                                                                         Nominations must be received or postmarked
                                                                                                                                       by Friday, March 26, 2010.
  UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION                                                                                       The winning individual will be notified by reg-
                                                                                                                                       istered mail, and certificates of appreciation will
                         2010 Volunteer of the Year Nomination Form                                                                    be forwarded to runners up as soon as possible.
                                                                                                                                          The decision of UTUIA judges is final. Previ-
                                                                                                                                       ous nominees may be nominated again; however,
    Name                                                                                               Local
                                                                                                                                       former Volunteers of the Year are ineligible to
                                                                                                                                       receive awards.
    Address                                                                                                                              The Volunteer of the Year program is an
                                                                                                                                       opportunity for the men and women of the
                                                                                                                                       UTUIA to let their fraternal lights shine.
    City                                                            State                              ZIP
                                                                                                                                         It also provides an opportunity for UTUIA to
                                                                                                                                       recognize its volunteers for their outstanding
                                                                                                                                       contributions to others.
    Telephone number                                                  Dates of volunteer activities
                                                                                                                                         Nomination forms should be mailed to: UTU-
                                             ❑        ❑                 $                                                              IA Volunteer of the Year, Attn.: Tony Martella,
    Total volunteer time (hours, minutes)   Weekly   Monthly          Value of contribution (if applicable)                            Director of Insurance, 14600 Detroit Ave.,
                                                                                                                                       Cleveland, OH 44107-4250.
    Please attach a separate sheet of paper describing volunteer activities.
    The more documentation you can provide, the better.                                                              1/10                Do not forget to include a separate sheet of
    UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION, 14600 DETROIT AVE., CLEVELAND, OH 44107-4250                                    paper describing the applicant’s volunteer
                                                                                                                                       activities.


                                                                    www.utu.org / www.utuia.org
Page 10                                                                                                 December 2009 / January 2010 UTU News


UTU efforts improve crew facilities in Illinois
   After two years of work spearheaded by the                                                                            with the commission. These complaints includ-
UTU’s Illinois Legislative Board, the state’s rail         “A major contribution came from                               ed Kansas City Southern’s shelter at East St.
carriers, rail labor, the Illinois AFL-CIO and the         UTU’s Larry Mann, an expert on rail-                          Louis; the Iowa Interstate crew base at Silvis;
Illinois Commerce Commission have completed                road safety and sanitation standards.”                        Norfolk Southern’s 55th Street crew shelter in
a rulemaking updating the commission’s sanita-                                                                           Chicago; Alton & Southern’s yard in East St.
tion and shelter standards for railroad employee             Guy said a major contribution to the rulemak-               Louis; CSX’s Barr Yard in Riverdale, and the
facilities.                                                ing process came from UTU’s Larry Mann, an                    Canadian Pacific crew shelters at Bensenville
   “The revisions were long overdue,” said Illi-           expert on railroad safety and sanitation standards.           Yard.
nois State Legislative Director Bob Guy, who               “Larry is absolutely the best in the business.”                  In all cases, the commission found in favor of
                     noted that several of the rules         The effort stemmed from a series of com-                    the UTU and ordered the carriers to update their
                     were so antiquated that mod-
                                                           plaints filed by the Illinois Legislative Board               facilities.
                     ern public-health experts con-
                     sidered them primitive.
                        “The rules for lockers dated       UTU members inaugurate Northstar
                     back to the time when lockers            Northstar, Minnesota’s first commuter rail
                     were made of wood,” Guy said.         line, began regular operations Nov. 16 after
                        “The sanitation measures           13 long years of planning and lobbying by
       Guy           for track crews working out-          UTU members and others.
                     side of yard limits had been             UTU and BLET members operate five
written before the development of portable                 trains from Big Lake to Minneapolis each
chemical toilets,” he said, “and the language              weekday morning, with another five return-
regarding separate locker rooms, toilets and               ing in the evening. In addition, there is one
showers for female employees was way behind                train daily for reverse commuters.
the times.”                                                   Three trains head to Minneapolis and
   Guy said the effort to update the commission’s          back on Saturdays and Sundays, with addi-
rules began more than two years ago when his               tional trains offered for special events such
predecessors, Joe Szabo and retired Assistant              as Vikings games.
Legislative Director John Burner, joined the                  According to Metro Transit, which oper-
state’s other rail labor groups in reviewing lan-          ates the service, people rode Northstar
guage of the Illinois Administrative Code.                 trains 33,112 times during the first 15 days of
   “Rail labor, the carriers, the commission –             operation, which included the Thanksgiving
everybody had to be in it and contributing input           holiday. Daily ridership averaged 2,207,
right from the beginning,” Guy said.                       which is in line with planned goals.




                             THE UTU INTERNATIONAL STAFF:
                                  HERE TO SERVE YOU
          BONNIE STOFFER                                              TOM REDMOND                                                 JEANNE LATEVOLA
   Bonnie Stoffer is a billing auditor for the                Tom Redmond is a service representative for                   Jeanne Latevola is a sales and underwriting
UTU. She started as a clerk in the Updating                the UTUIA. He started in 1998, first in the                   assistant for the UTUIA. She started in 2007 as
Department in 1980 and headed the Keypunch                 Claims Department. In 1999, he assumed his                    a UTUIA marketing and sales representative.
                   Department for three years                                 present responsibilities. Red-                                She assumed her current posi-
                   before assuming her present                                mond confirms and records                                     tion in 2008. “I process life-
                   position in 2002. “I oversee the                           changes in insurance coverage                                 and health-insurance applica-
                   financial statements of more                               and helps policyholders identi-                               tions, communicating with
                   than 50 locals,” she said. “I                              fy the benefits their insurance                               field supervisors and members
                   check on the accuracy of local                             provides. “I estimate I have                                  as needed. I forward sales leads
                   treasurers’ billings, check the                            produced about 18,000 letters,                                to the field supervisors and
                   status of dues collections,                                endorsements and other docu-                                  order supplies. I order reports
                   retirement dates, answer tele-                             ments in the last ten years,” he                              that are necessary for under-
phone calls from members and treasurers about              said. “I truly enjoy helping our members so that              writing, like medical records, exams and pre-
billings and reconcile shortages and overages. I           they can make well-informed decisions about                   scription checks. I worked for the Erie Lack-
enjoy helping the members with their problems              their insurance coverage. It’s sort of a humbling             awanna years ago and am happy to be back. The
and treasurers with their billings. I love my treas-       experience.”                                                  people at the UTU are a pleasure to work with.”
urers; I love my job.”




         Meet your UTU Designated Legal Counsel
      There is no more dangerous work environment than on the railroads,               safety hazards, and every aspect of the FELA. They are the UTU Designated
   where injuries too often are severe. The Federal Employers’ Liability Act           Legal Counsel, chosen for their special knowledge and experience. Their job
   (FELA) makes railroads accountable for unsafe working conditions. Rail-             is to represent you. This continuing column introduces you to all of the UTU
   roads retain skilled attorneys to protect their interests. You also have access     Designated Legal Counsel. For a complete listing, go to the UTU home page
   to skilled and experienced attorneys who understand the railroad industry, its      at www.utu.org and click on the blue tile, “Designated Legal Counsel.”

                      MICHAEL F. TELLO                                                                       R. EDWARD PFIESTER JR.
                      Tello & Associates                                                                     Pfiester & Russo
                      2150 Third Avenue North, Ste. 10                                                       2000 Riverside Dr.
                      Anoka, MN 55303                                                                        Los Angeles, CA 90039
                      (763) 427-0159                                                                         (323) 662-6400
                      (800) 760-2850 toll free                                                               (800) 344-3352 toll free
                      info@tellolegal.com                                                                    rep@pfiesterlaw.com

   As a former local chairperson for 25 years, I can tell you nothing is simple        After more than 30 years of trying FELA cases, the two biggest errors I see
   anymore. Changes to the Americans with Disabilities Act (ADA), the Fam-             injured railroaders and their families make are: 1) not listing ALL items of
   ily & Medical Leave Act (FMLA) and the Federal Rail Safety Act (FR S A )            railroad fault/negligence by ALL railroad departments and 2) waiting to
   affect all railroaders. The complicated interaction of these laws with the          contact designated legal counsel (DLC) for free consultation. Remember,
   FELA means that knowledgeable and experienced DLC are more important                DLC give free, confidential advice – without obligation.
   than ever to protect your rights. Call a DLC for a free consultation.

                                                             www.utu.org / www.utuia.org
December 2009 / January 2010 UTU News                                                                                                                                                      Page 11



UTUIA SCHOLARSHIP: A KEY TO SUCCESS
                                                                                                              A message from UTU International
                                                                                                                   President Mike Futhey

                                                Scholarship                             Education is the key to success, and the key to an education can be a
                                                                                      United Transportation Union Insurance Association scholarship.

                                                Program                                 With college enrollment time upon us, we strongly urge all eligible persons
                                                                                      to take a few minutes to fill out the UTUIA scholarship application form print-
                                                                                      ed below and apply for a UTUIA scholarship. It will be one of the smartest
                                                                                      things they ever do.
DISTRIBUTION
  Fifty continuing $500 scholarships are awarded each year upon                                           This is the 36th year UTUIA is making available 50 con-
                                                                                                        tinuing $500 scholarships for its members, and the sons,
verification of enrollment for the fall term. The scholarships are pro-                                 daughters and grandchildren of its members. We are very
rated according to the number of UTU members in each of nine dis-                                       proud of our scholarship program, a pride that comes from
tricts. The names of the 50 scholarship winners for the academic                                        helping thousands of college students over the years.
year 2010/2011 will be drawn at UTUIA headquarters in Cleveland                                           We realize the amount awarded, $500 a year, doesn’t
after the March 31, 2010, deadline for submission of applications.                                      meet the full cost of the recipient’s education, but in this
                                                                                                        way we can help a larger number of students with educa-
ELIGIBILITY                                                                                             tional costs. They may use the scholarship money for
  Requirements for a scholarship applicant are that he or she be at                                     tuition, learning materials or other related expenses.
least a high school senior or equivalent; age 25 or under; be a UTU                     UTUIA scholarship winners will receive the full amount of the award each
member or UTUIA-insured member, the child or grandchild of a UTU                      year for up to four years of undergraduate study as long as they maintain a
member or UTUIA-insured member, or the child of a deceased UTU                        satisfactory academic record.
member or UTUIA-insured member. (If member is deceased please                           With a UTUIA scholarship, we hope to give the recipient the opportunity
include date of death). UTU members or UTUIA-insured members                          for a full-time education instead of a part-time education, day school instead
must be U.S. residents.                                                               of night school, higher education instead of basic training.
                                                                                        We are proud also in knowing that UTUIA scholarship recipients are
  Applicants also must be accepted for admittance, or already                         enrolled in some of the finest and most prestigious colleges and universi-
enrolled, for at least 12 credit hours per quarter or semester at a                   ties in the world. We also can point proudly to the many achievements of
recognized institution of higher learning (university, college or junior              past scholarship winners who have contributed so much to our great
college, nursing or technical school offering college credit).                        nation.
Graduate schools are not included. Families of full-time International                  UTUIA is proud and happy to provide these scholarships for they are an
o fficers are not eligible.                                                           opportunity for achievement. The success of deserving students is our
                                                                                      success and the benefits are boundless. The key to success is education,
AWARDS                                                                                and the key to education is a UTUIA scholarship. Take a minute to apply
 Scholarships are awarded on the basis of chance, not grades. A                       for the chance of a lifetime.
UTUIA scholar, however, is expected to maintain a satisfactory aca-                     As the saying goes: “If you think
                                                                                      education is expensive, try
demic record to keep the scholarship for the full four years.
                                                                                      ignorance.”
ADMINISTRATION
  The UTUIA Scholarship Committee decides whether individual                                                                                            Mike Futhey, President
                                                                                                                                                        UTU International
scholarships should be continued or discontinued. Each successful
applicant must provide annual proof of eligibility on or before a dead-
line set by the scholarship committee to qualify for a continuing
award. The day-to-day management of the program is handled by                                               UTUIA SCHOLARSHIP
the office of the UTUIA general secretary and treasurer.
                                                                                                        APPLICATION FORM 2010/2011
                                                                                                                                     (PLEASE TYPE OR     PRINT)
INVEST IN THE CHANCE OF A LIFETIME
  The UTUIA Scholarship Program is an open program. All eligible
students, regardless of previous grades or future plans that don’t                     STUDENT’S N AME                                                                      BIRTH DATE       /     /
                                                                                                               (LAST)                   (FIRST)             (M.I.)                       (M/D/Y)
happen to include college, are strongly urged to apply, to take five
minutes to invest in the chance of a lifetime, the chance for a better                 MEMBER’S NAME
                                                                                                                                                                            UTU Local #
                                                                                                                                                                               or
future.                                                                                                        (LAST)                   (FIRST)             (M.I.)          UTUIA Local Unit #

                                                                                       ADDRESS OF MEMBER


 UTUIA SCHOLARSHIP DISTRICTS
                                                                                       OCCUPATION
 District                                                              Scholarships
                                                                                       EMPLOYER
            Connecticut, Maine, Massachusetts, New Hampshire
   1        New York, Rhode Island, Vermont                                  4
                                                                                       STUDENT’S R ELATIONSHIP TO MEMBER
            Delaware, District of Columbia, Maryland, New Jersey,
   2        Pennsylvania                                                     5         COLLEGE YEAR, 2010-2011              ❐   FRESHMAN          ❐   SOPHOMORE      ❐   JUNIOR   ❐   SENIOR

            Alabama, Florida, Georgia, Kentucky, Mississippi, North
   3        Carolina, South Carolina, Tennessee, Virginia, West Virginia    10
                                                                                       SIGNATURE OF STUDENT
   4        Indiana, Michigan, Ohio                                          3
   5        Illinois, Wisconsin                                              4         SIGNATURE OF MEMBER

                                                                                       (Please include date of death if member is deceased.)

   6        Arkansas, Louisiana, Oklahoma, Texas                             6
            Iowa, Kansas, Minnesota, Missouri, Nebraska,                              Applications must be received no later than March 31, 2010.
   7        North Dakota, South Dakota                                       7        Please submit only one application per student. Incomplete,
                                                                                      photocopied or duplicate applications will not be accepted.
   8        Arizona, California, Colorado, Nevada, New Mexico, Utah          8        The application form printed on this page is the official UTUIA schol-
                                                                                      arship application form and is the only one you will receive. If you
   9        Alaska, Idaho, Montana, Oregon, Washington, Wyoming              3        need another application form, request one from the address below.
                                                                                      Please include your UTU local or UTUIA local unit number with your
                                                                                      request.
                                                                                      Complete the form above, cut it out (leaving address on reverse side,
                                                                                      if possible), and mail to:

                                                                                      UTUIA Scholarship Program
                                                                                      United Transportation Union Insurance Association
                                                                                      14600 Detroit Ave.
                                                                                      Cleveland, OH 44107-4250
                                                                    www.utu.org / www.utuia.org
                                                                                                           Periodicals Postage          Volume 41/42                                                       December 2009 / January 2010
                                                                                                         PAID at Cleveland, Ohio,       Number 12/1
                                                                                                              and Additional
www.utu.org / www.utuia.org                                                                                   Mailing Offices

   DEC 2009 / JAN 2010
          ISSN 0098-5937

Published monthly (except for                                                                                                                    www.utuia.org                                                                          www.utu.org




                                                                                                                                        NJT starts pilot close-call project
combined months of Dec-
ember/January and July/August)
by the UNITED TRANSPORTA-
                                                                                                                                           The Official Publication of the United Transportation Union
TION UNION, 14600 DETROIT
AVE., CLEVELAND, OH 44107-
4250 • Periodicals postage paid
at Cleveland, Ohio, and addition-
al mailing offices • Mike Futhey,
International President; Kim
Thompson, General Secretary &                                                                                                              A confidential close-call reporting system is up and run-     “The involved labor organizations, NJT and U.S.
Treasurer • This publication avail-                                                                                                     ning systemwide on New Jersey Transit, with the UTU,           DOT agencies worked closely to forge a quality memo-
able on microfilm from National
Archive Publishing, P.O. Box 998,                                                                                                       American Train Dispatchers Association and the Brother-        randum of understanding to ensure the program will
Ann Arbor, MI 48106.                                                                                                                    hood of Locomotive Engineers and Trainmen participating.       work on this property,” said NJT General Chairperson
POSTMASTER: Send address                                                                                                                   This is the first pilot project involving a passenger       (Local 60, Newark) Pat Reilly. “We all worked together
changes to UTU News, 14600                                                                                                              operation. The project does not apply to NJT trains oper-      with one goal in mind: a safer workplace.”
Detroit Ave., Cleveland, OH                                                                                                             ating over Amtrak and Conrail lines.
44107-4250.
                                                                                                                       Please recycle
                                                                                                                                           UTU members participating include                           The project permits an employee to make a



            This month’s winning photo:
                                                                                                                                        more than 1,200 conductors, assistant
                                                                                                                                        conductors and yardmasters.
                                                                                                                                                                                                       confidential report of safety concerns, and
                                                                                                                                           Sponsored by the Federal Railroad
                                                                                                                                                                                                       even violations of operating rules, while
                                                                                                                                        Administration, the project permits an                         receiving immunity.
                                                                                                                                        employee to make a confidential report
                                                                                                                                        of safety concerns, and even violations                           Reilly, a former accident investigator for the National
    The UTU Public Relations                                                                                                            of operating rules, while receiving                            Transportation Safety Board, and also a former FRA safe-
Department awards UTU gear                                                                                                                                                                Reilly
to the union member who sub-                                                                                                            immunity from sanction by the                                  ty inspector, said the project is “the best I have ever seen
mits the best photograph dur-                                                                                                           employer and the FRA.                                          in my 38-year railroad career. I believe this project will
ing the previous months.
    The winning photo will be                                                                                                              The object is for otherwise unreported or underreport-      identify and correct potential problems before they turn
published in the UTU News.                                                                                                              ed information on unsafe events be made available for          into a major problem or a possible accident.”
Exceptional photographs will
be included on the UTU Web                                                                                                              study by an on-property peer review team of labor, man-           The identity of those reporting close calls remains
site.                                                                                                                                   agement and FRA representatives.                               confidential, including any information as to date or
    The UTU would like to see                                                                                                                                                                          location of the event.
photographs or digital photo-                                                                                                              The analysis of this data will then be used to recom-
graphs of work-related scenes,                                                                                                          mend corrective action, which might include new or                Examples of close calls include running through a yard
such as railroad, bus or mass
transit operations, new equip-                                                                                                          improved training methods, changes in the physical             switch that does not result in an accident, improper
ment photos, scenic shots,                                                                                                              plant, changes in existing federal safety laws or regula-      blocking, and a train in non-signal territory that pro-
activities of your local, or pho-




                                                                                                                                                          Inside this issue of the UTU News:
tos of your brothers and sisters                                                                                                        tions, or changes in carrier operating rules.                  ceeds beyond its authority.
keeping America rolling.
    Printed photographs should
be mailed to UTU News,
14600 Detroit Ave., Cleveland,
OH 44107.
    High-resolution digital pho-
tographs should be in the JPEG
format and e-mailed to
“utunews@utu.org”.
    With each photograph,
please include your name and
UTU local number, the names
of the persons in the photo (left
to right), where the photo was
taken, and all other pertinent
information.
    All photographs submitted
become property of the UTU.         This photo of a Great Lakes Airlines aircraft was taken by Shane Lembke, a first officer with
    Remember to review your
                                                                                                                                        SLD Bates wins coveted            CDL-holder Hersman           National rail contract            Former SLD Thompson
                                    Great Lakes and member of Local 40, Denver. “A gorgeous sun rises in the background as
employer’s policies regarding
                                    Great Lakes ship 245GL is refueled in Phoenix, Ariz., for its early morning departure to Page,
                                                                                                                                        Amtrak safety award.              warns drivers of distrac-    negotiations are under-           n a m e d t o U T U IA
use of cameras on the property
or during work hours.               Ariz.,” Lembke said.                                                                                See page 2.                       tion, fatigue. See page 4.   way. See pages 6/7.               board. See page 8.

				
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