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NORFOLK — Trucking companies and railroads heard Thursday morning by dib16550


									                                     Volume 13 / Issue# 4

                                           By GREGORY RICHARDS, The Virginian-Pilot

NORFOLK — Trucking companies and railroads heard Thursday morning they were losing a valuable cus-
tomer: Ford Motor Co.’s assembly plant here.

The trucks and trains they operate keep the Norfolk factory alive. They deliver raw parts and haul away fin-
ished F-150 trucks, ready for dealerships across the country.

It’s been that way since the plant opened in 1925, but that will end in 2008, Ford said, when it will close the

Ford is Norfolk Southern Corp.’s biggest customer, said Robert C. Fort, spokesman for the Norfolk-based rail-
road. While Norfolk Southern serves 30 auto assembly plants across the country, including 10 belonging to
Ford, he said, the railroad will notice the loss of the local plant.

“It’s not minor by any means,” Fort said. “It’ll have a considerable impact.”

He would not discuss specifics of the railroad’s service to the Norfolk plant, such as how many F-150s are
hauled by Norfolk Southern trains and how much money that business brings in. Automotive shipments
brought the railroad $997 million in revenue last year, its third-largest category and 11.7 percent of its total
$8.5 billion in sales.

Trains from Norfolk Southern or its predecessor railroads have served the facility since its opening, Fort said.

However, Fort said, some of the loss might be mitigated because F-150 production will be shifted to Ford
plants in Kansas City, Mo., and Dearborn, Mich., once the Norfolk plant closes. Norfolk Southern could gain
increased shipments from those locations, he said, because the railroad directly serves the Kansas City op-
eration and it carries some loads from the Dearborn factory through an arrangement with Union Pacific Corp.,
which is that facility’s main carrier.

Also, while Ford and General Motors Corp. have been closing factories, foreign auto makers such as Mer-
cedes-Benz, Toyota and Honda have been building and expanding U.S. assembly plants. In February, Don-
ald W. Seale, Norfolk Southern’s executive vice president of sales and marketing, told a meeting of stock
analysts that additional business from foreign-owned auto plants should offset “much” of the Ford and GM

The Norfolk & Portsmouth Belt Line Railroad Co. moves parts-laden rail cars the final stretch between the
plant and Norfolk Southern’s lines. Rail cars stacked with truck chassis destined for the Ford plant can be
seen from Interstate 464 in a rail yard in Chesapeake’s South Norfolk.

Dave Gooden, president of the Portsmouth-based Belt Line, could not be reached for comment Thursday on
the plant’s closing.

The railroads share with trucking companies the business of moving parts and finished vehicles to and from
                                                                                          Continued on page 9 “Ford”
                                                                 610 Auburn Ravine Rd #C
                                                                 Auburn, CA 95603
                                     169 Hidden Glen Dr          530-823-7510                      7608 Lucille Ave
                                     Auburn, CA 95603            530-823-7215 fax                  Bakersfield, CA 93308
                                     530-888-7074                800-864-6993 toll free            661-392-1002
   9621 Otter Way                    530-888-7174 fax                                              661-392-1241 fax                2031 Mullholland Dr
   Reno, NV 89521                                                                                                                  Fort Mohave, AZ 86426
   775-852-4426                                                                                                                    760-220-2711
   775-852-4465 fax                                                                                                                928-788-3242 fax

                                                                                                       Matt Beggs Division 126 / UPSP
                                                                                                       2904 Bralorne Ct
          Chuck Glick Division 20 / Amtrak                                                             Bakersfield, Calif. 93309
                                   4412 Josie Ave                                                      Ph (661) 831-4654
                      Lakewood, Calif. 90710                                                           Cell(661) 428-3747

      R. Dean Dodson Division 56 / UPSP                                                                Bruce J. Wyman Division 398 / BNSF
                              6816 Plum Way                                                            9494 Church Street
                                                                                                       Rancho Cucamonga, Calif. 91730
                Rancho Cucamonga, Calif. 91730
                                                                                                       Ph (909) 987-8385
                           Ph (909) 899-8251
                                                                                                       Cell(909) 576-7946
                                                                                                       Email:bloose.trainkiller@verizon. net

                Art Ray Division 283 / UPSP
                                 1208 Jasmine Court
                             Brentwood, Calif. 94513                                                   Gary Watkins Division 553 / BNSF
                                  Ph (925) 634-5933                                                    5365 N McCall Avenue
                                  Cell(510)303-9296                                                    Clovis, Calif. 93650
                      Email:                                                     Fax(559) 299-4026

                                                                                                       Robert B. Frank Division 839 / BNSF
       Paul D. Turney Division 415 / UPSP                                                              PO Box 656
                                      P.O. Box 421                                                     Sonoma, Calif. 95476
                               Clayton, Calif. 94517                                                   Ph (707) 996-2559
                                Ph (925) 672-2882                                                      Fax(707) 996-6344

Gary Taylor Division 5 / UPSP/ 13733 Ramona Parkway Baldwin Park, Calif.91710/ Ph. (626) 337-0167/               Email:
Sean Morgan Division 65 / Amtrak / 407Commercial Avenue South San Francisco, Calif. 94080 / Ph (650) 871-8359 /
Peter Hinckley Division 144 / Amtrak / 1084 Creston Rd, Berkeley, Calif. 94708 / Ph (551) 524-2870               Email:
Evan Rivas Division 214 / PHL / 1265 115th St Los Angeles, Calif. 90059 / Ph (323) 569-7712 Cell(310) 420-7898 / Email:
Matt Schroedle Division 425 / UPSP / 1675 Record Ln Redding, Calif. 96001 / Ph (530)244-7880 Cell(530)227-3995 /
Napoleon “Nappy” Roper Div 662 / BNSF / PO Box 720958 Pinion Hills, Calif 92372 / Ph (760) 868-0030 Cell(310) 502-9015 /
Palmer B. Hewlett Division 664 / 7150 Benton Rd Paso Robles, Calif. 93446 / Ph (805) 467-0161 /        
                                                                                   Page 3


Long-term incentives, restricted stock, stock options figure into the pay structure at CSX,
Walter Industries, Quest Diagnostics, St. Jude Medical, Qwest Communications.

Stock-related compensation once again played a major role in the total earnings of several
finance executives, according to proxies recently filed with the Securities and Exchange

Oscar Munoz, executive vice president and chief financial officer of railroad giant CSX,
earned about $8.5 million last year. The bulk of his compensation -- more than $7.1 million -
- came from the company's long-term incentive plan, which paid out half in cash and half in
CSX shares. That payout was based primarily on the company's exceeding a two-year
(2004-2005) cumulative modified cash-flow performance target. Munoz also received a sal-
ary of about $546,000 and a bonus of about $835,000.

Other finance chiefs earned a big chunk of money last year from exercising stock options.

For example, William F. Ohrt, executive vice president and CFO of Walter Industries, netted
more than $4 million after exercising stock options. He also received $267,000 in restricted
stock in the water-infrastructure company, as well as a salary of $341,000 and a bonus of
$423,000. His total compensation for 2005: a little more than $5.1 million.

Robert A. Hagemann, senior vice president and CFO of Quest Diagnostics, earned more
than $4.1 million last year, including more than $3.4 million from gains on exercised stock
options. His $437,000 salary last year was only slightly higher than his salary in 2004; his
$288,000 bonus was about $80,000 less.

At St. Jude Medical, executive vice president and CFO John C. Heinmiller earned nearly
$4.3 million, including roughly $3.2 million from exercising options. His combined salary
and bonus worked out to a little more than $1 million.

Qwest Communications vice chairman and CFO Oren G. Shaffer received nearly $2.6 mil-
lion in restricted stock, which will fully vest on December 31, provided Shaffer is employed
by the company on that date. He also received a salary of $800,000, unchanged from the
past two years, and a bonus of $1.8 million, up from $1.68 million in 2004. His total compen-
Page 4                                                                                             Volume 13, Issue No. 4

                                                  United Press International
 ATLANTA, Mar 22, 2006 (UPI via COMTEX) -- A Georgia State University study suggests supervisors who believe they've
 been unjustly treated might vent their resentment by abusing their duties.

 Researchers found that supervisors engage in more abusive behavior when they perceive their employer is using unfair
 decision-making to allocate valued resources.

 For example, if a company doesn't seem neutral or respectful when distributing benefits and other attractive incentives, the
 boss may become rude, assign blame or publicly ridicule those that report to him or her.

 The Georgia State scientists say perceived company injustices can lead a supervisor into depression and that can trans-
 late into strategic abuse.

 "Specifically, perpetrators tend to abuse subordinates who come across as weak and vulnerable -- subordinates who pro-
 ject the image that they are unlikely to fight back," they explain.

 The study is published in the spring issue of Personnel Psychology.

 Dear Friend:

 I am pleased to let you know that I recently reintroduced the California Wild Heritage Act, legislation that would protect
 more than 2.5 million acres of public lands in California as well as the free-flowing portions of 21 rivers. The bill would
 also establish the Sacramento River National Recreation Area.

 California’s wilderness and raw, natural beauty are an integral part of our state’s identity. This legislation will help preserve
 and protect more than 2.5 million acres of public lands for future generations, including some of the most magnificent ar-
 eas in our state.

 The California Wild Heritage Act, which has been introduced in the House by Congresswoman Hilda Solis (D-El Monte),
 protects these areas by designating public lands as “wilderness” and segments of California rivers as “wild and scenic.”
 These areas would remain open for recreational activities such as horseback riding, fishing, hiking, backpacking, rock
 climbing, hunting and canoeing. Mining and drilling would be allowed to continue in areas where they are already occur-
 ring, but any expansion of those activities would be prohibited.

 The legislation would also protect vital watersheds in our national forests, which are a source of California’s drinking water
 supply. In addition, the bill will help protect and preserve vulnerable ecosystems and threatened species of plants and
 animals, such as the Spring Run Chinook Salmon. The bill will also help create recreation and tourism related jobs by pro-
 viding funds for the development of visitor centers, trails and informational brochures. The legislation was developed after
 years of consultation with local communities, elected officials, recreation organizations, businesses, federal and state
 agencies and local property owners.

 Last year, the Senate passed the Northern California Coastal Wild Heritage Wilderness Act. That legislation, which Sena-
 tor Dianne Feinstein and I sponsored in the Senate and Representative Mike Thompson (D-St. Helena) sponsored in the
 House, would designate over 300,000 acres of public land in Del Norte, Humboldt, Lake, Mendocino, and Napa Counties
 as wilderness. The House has not yet considered the bill.

 We can ill afford to allow California’s natural heritage to slip through our fingers. Now is the time to protect that legacy and
 celebrate California’s wild lands along with the critical role they play in our tourism industry.


 Barbara Boxer
 United States Senator
CAPITOL TO CAPITOL                                                                           Page 5

Brothers and Sisters

Hopefully by now you have been informed that with your help we have reached our goal of 25%
of the Membership to vote in favor of the Petition.

We have been informed that the National Office will take the allotted time afforded by the Consti-
tution of 30 days to get the Ballots out due to everything that has to be done, (post office infor-
mation and assistance, printing and the administrative matters entailed.)

The National President Hahs has informed us also that even though every Division had ample
opportunity to vote yes or no on the Petition that it is his decision that there be an opposing letter
included with the Ballot that will tell all the bad things of allowing the Membership to Vote on their
National Officers.

Division 316 will also be afforded the same opportunity to include why giving the Membership the
right to vote on their National Officers will give us better representation by making these same
elected officers directly accountable to the Membership.

The date we have to have these letters to the National Division is April 10,2006.

We by NO means agree with President Hahs but will comply to get the Ballots to the member-
ship in a timely manner so we can get this voted on and to take effect at this Convention.

I’m sure that you probably know already, but there are a lot of General Chairmen that do not
want the Membership to have this vote and have made it known to the National President Hahs.
There is also NO ONE on the Advisory Board that wants the Membership to have this vote either
as they would be the first ones to have to be directly accountable to the Membership.

We need your help now in getting the message out to all the Membership we represent locally or
any that we or our members come into contact with. Lets take our Union back and get it away
from self serving people that thinks Engineers are doing great.
These people take our dues money and live in a life style that only we can imagine.
While our membership is working 12 hrs. And then waiting on relief for 2 to 4 hrs more in some
Our National Officers are worrying what Resort has the best Golf Course to hold our next meet-
ing at with the best 5 star hotel and is this bottle of wine worth $100.00. This all on the Member-
ships Money.

We will keep you all informed as to what is going on.
If you or anyone has any questions or concerns , Please Contact Me.

Page 6                                                                            Volume 13, Issue No. 4

                                              Workday Minnesota

ST. PAUL — How would you feel about paving over an area nearly the size of Vermont to help big corpo-
rations like Wal-Mart eliminate unionized trucking and rail workers? Get ready for a shock. It’s been in the
planning for years.

One "NAFTA Corridor," up to 1,200 feet wide with separate lanes for passenger vehicles (three in each
direction) sandwiched between truck lanes (two in each direction) is projected to run along Interstate 35
from Laredo to the Canadian border.

The corridor will also contain six rail lines (three in each direction) and in addition a 200-foot wide utility
zone, consuming a total area of agricultural land and open spaces almost as large as the land area of the
state of Vermont, according to an article by writer Richard D. Vogel in the February 2006 issue of Monthly
Review magazine.
This corridor, and others associated with it, are intended to be a major part of a reorientation of US/North
American transportation patterns, especially container traffic, from west/east to south/north.

Since 1995, when NAFTA first went into effect, container traffic shifted through the Pacific ports of Mexico
has increased 450 percent -- and that is only the beginning.
The intent here is twofold:

1.) "Off shoring" unionized port jobs on the West Coast to new Mexican "mega-ports" like the multi-billion
dollar project planned for Punta Colonet — "the future Mexican Long Beach." (The Ports of Los Angeles
and Long Beach handle some 13 million containers annually an are, by far, the largest employers in Cali-
fornia.) Significantly, Wal-Mart has emerged as a key player in a $300 million expansion of Mexico's Pa-
cific port of Lazaro Cardenas, according to a report from Reuters News Service. The goal, creating an al-
ternative point of entry for goods headed to U.S. stores, was spurred on by the 2004 strike at the largest
U.S. container port complex in Los Angeles-Long Beach, as well as concerns over capacity, Reuters said.

2.) Using NAFTA protections to make the NAFTA corridors essentially long distance "enterprise zones"
traversed by super-exploited Mexican workers (truck and rail) unprotected by U.S. labor laws.

Even though this alternative shipping route is 30 percent longer from the Pacific Rim to U.S. destinations,
NAFTA Railway is offering customers a 15 percent savings on the cost of shipping containers through
Mexico as compared to Los Angeles or Long Beach.
The staggering dimensions of this union-busting project are so massive that they can only be financed
with major support from the U.S. and Mexican governments, both subservient to the same corporate inter-
ests. Promoters, Vogel says, "tout the system as the largest engineering project in U.S. history." Public
return on this multi-billion dollar investment (estimated up to $185 billion through Texas alone), he says,
"will be minimal, because, even though the NAFTA corridors will be toll roads, most of the profits will flow
to private entities under exclusive development agreements with the various state governments." Con-
struction is contemplated to be done through the utilization of temporary immigrant labor under Third
World wages and labor conditions through Bush's "guest worker" migrant program.

Probably the best way to visualize this immense boondoggle is as an "enterprise zone" free of "prevailing
wage" and other worker protections, extruded from Mexico through North America. The full extent of the
threat to unionized construction and transportation wages can only be guessed at.

Dave Riehle is local chairman for United Transportation Union Local 650, representing trainmen and loco-
motive engineers on the Union Pacific railroad.
For more information
For the complete article, go to
CAPITOL TO CAPITOL                                                                             Page 7

                                             Associated Press

Several Supreme Court justices expressed sympathy Monday for a railroad yard worker who was trans-
ferred to a more difficult job and then suspended without pay after she accused her supervisor of sexually
harassing her.

Justice Antonin Scalia joined Justice Ruth Bader Ginsburg in recognizing the hardship that the 37-day
suspension caused Sheila White as the forklift operator from Memphis, Tenn., worried how she would
feed her children or buy holiday presents for them.

But the conservative trio of Justice Scalia, Chief Justice John Roberts and Justice Samuel Alito also
voiced concern about whether Congress intended to shield workers who file sex or race discrimination
claims from any changes in their jobs.

The justices are being asked to set the legal standard for evaluating the seriousness of changes in em-
ployment made by supervisors who may be angry over a worker’s discrimination complaint.

Of the conservative justices, Justice Scalia appeared to be trying to find a way to rule in Ms. White’s favor
while protecting employers from what is already an explosion in the number of retaliation complaints filed
by workers.

Attorney Carter Phillips, who represents Fort Worth-based Burlington Northern Santa Fe Railway, warned
that a decision favoring workers probably will make matters worse for business.

He said retaliation claims more than doubled in the past decade, comprise more than 30 % of the Equal
Employment Opportunity Commission’s caseload and cost more than $130,000 each to resolve.

The railroad company wants the court to overturn a decision by the Cincinnati-based 6th Circuit U.S.
Court of Appeals that found that suspending Ms. White for 37 days without pay and transferring her to a
more physically demanding job were “materially adverse” changes in her employment.

Businesses warn they will be hamstrung if justices side with workers and create a “superprotected class”
of employees who can’t be disciplined or transferred once they file a discrimination complaint.

Ms. White, the only woman working at the railroad yard, complained that her foreman was sexually har-
assing her and that other workers disparaged her by saying a rail yard was no place for a woman.

A company investigation led to the foreman’s suspension and enrollment in sensitivity classes. But the
railroad also transferred Ms. White to work as a regular track worker, a more physically difficult job than
operating a forklift.

The railroad eventually rescinded its decision to suspend Ms. White—clearing her of insubordination
charges and compensated her for back pay.

A jury hearing her lawsuit rejected the sex discrimination charge but found in her favor on the retaliation
claim, awarding her $43,000.00.
Page 8                                                                                 Volume 13, Issue No. 4

                                           NTSB Press Release

Washington, D.C. - Member Ellen Engleman Conners, who served two years as the agency's Chairman, an-
nounced this week that she intends to leave the Safety Board on May 31.

In her April 17 letter of resignation to President George W. Bush, Member Engleman Conners said: "With
great humility and thankfulness, I tender my resignation as a Member of the National Transportation Safety
Board effective May 31, 2006. I wish to thank you for your inspirational leadership and your patient devotion
to our country during this most severe challenge to our freedoms. It has been a great privilege to serve in three
positions in your administration. Your vision for America has been my guide."

Member Engleman Conners joined the Safety Board on March 24, 2003, when she began a two-year term as
Chairman and Chief Executive Officer of the agency. Since the expiration of her Chairmanship in March 2005,
she has served as a Member of the NTSB. Her term as Member expires on December 31, 2007.

During her chairmanship, Engleman Conners successfully focused on reducing the number of open or non-
implemented NTSB safety recommendations to the lowest number since 1975, for which she received Aviation
Week's highest honor, the Safety Laurels award in 2003. She was also the recipient of the 2004 Harrison
Award for Public Service, from the Columbia Club, Indianapolis, Indiana, and the National Business Travel
Association Founder's Award in 2005.

Engleman Conners also served as the member on scene for numerous accidents, including the Staten Island
Ferry accident in 2003, the Baltimore water taxi capsizing in 2004, and most recently the Southwest Airlines
runway overrun in Chicago last December. She represented the agency in national media and before Congress.

Before joining the NTSB, Engleman Conners served as the Administrator of the Research and Special Pro-
grams Administration at the U.S. Department of Transportation. During her tenure she focused on improving
safety in the transportation of hazardous materials and the nation's 2.2 million miles of pipelines, including
leading the effort to successfully fulfill NTSB recommendations for the Office of Pipeline Safety, resulting in
their removal from the NTSB's "Most Wanted" list. She was responsible for the Office of Emergency Trans-
portation during September 11th, for which she received the Secretary of Transportation's 9-11 Distinguished
Service Medal and oversaw the design of the new Crisis Communication Management Center. She also co-
chaired the transfer of the U.S. Coast Guard to the new Department of Homeland Security, for which she was
the recipient of the U.S. Coast Guard Distinguished Public Service Award, its highest non-life-saving medal.

Prior to joining the U.S. Department of Transportation in 2001, she was a recognized and successful business
leader in Indianapolis, Indiana and has held a number of executive positions in the private sector. She is also an
officer in the U.S. Navy Reserve. Member Engleman Conners earned both a bachelor's and a Juris Doctor de-
gree from Indiana University, and has a Masters in Public Administration from Harvard University.

Member Engleman Conners' letter to President Bush is attached. NTSB Office of Public Affairs: (202) 314-
Member Engleman Conners' Letter to President George W. Bush

April 17, 2006

George W. Bush; President of the United States
 CAPITOL TO CAPITOL                                                                                       Page 9

White House

Dear President Bush:

With great humility and thankfulness, I tender my resignation as a Member of the National Transportation
Safety Board effective May 31, 2006.

I wish to thank you for your inspirational leadership and your patient devotion to our country during this most
severe challenge to our freedoms.

It has been a great privilege to serve in three positions in your administration: Administrator of Research and
Special Programs, U.S. Department of Transportation; as Chairman of the National Transportation Safety
Board and as a Member of the National Transportation Safety Board. In each position I have worked to imple-
ment your management agenda, focusing on a citizen-based government with emphasis on reduced costs and
greater service. Your vision for America has been my guide.

I wish to thank Secretary of Transportation Norman Y. Mineta for his continued leadership and devotion to
our country and all of my colleagues at DOT and the NTSB who have focused on our mission of safety.

Again, with deepest appreciation, thank you for the privilege to serve. May God Bless you and Mrs. Bush and
may God Bless America.

Ellen Engleman Conners

Fort continued from page 1

the facility. Ford spokeswoman Anne Marie Gattari said she was unable to say how much of the busi-
ness was received by each mode of transportation, but she said F-150s traveling longer distances
are moved via train.

D.D. Jones Transfer and Warehouse Co. is one of the trucking companies hauling parts to the as-
sembly plant. Company President Robert Jones Jr. said he felt bad for the local Ford employees,
who he said are hard workers losing their jobs because of mistakes made over the years by Ford’s

He said his Chesapeake-based company will manage through the loss. Of his 80 truck drivers, about
20 haul freight related to the Ford plant and another three work in a warehouse he has leased out to
a Ford vendor.

“We’ll miss them, but we’ll get along OK,” Jones said.

He said he’s looking to the rapidly growing port of Hampton Roads as a source of future business.

How Thursday’s news will affect the sole trucking company that carries F-150s away from the plant is
unknown. Tim Thomas, manager of Allied Automotive Group’s Norfolk terminal, directed questions to
the company’s Decatur, Ga., headquarters. The company’s spokesman did not return calls for com-
Page 10                                                                    Volume 13 , Issue No. 4


Clues to how railway safety has gone off the tracks can be found in Transportation Safety Board
reports, which have documented the problems that have arisen as the railway companies gained
rule-making powers from the government, laid off staff and increased their reliance on technol-

In 2001, both Canadian National Railway and Canadian Pacific Railway requested and received
an exemption from some visual "pull-by" inspections. Both companies had laid off staff — up to
50 per cent each in some departments — in the 1990s, but they have invested heavily in technol-
ogy designed in many ways to do a better job in checking rail. Mobile X-ray machines can spot
faults and cracks. Another machine checks for rail geometry and "wayside inspection stations"
check for broken wheels and overheating axle bearings as trains pass, automatically sending
warnings to train crews and traffic control centers.

Because of technology, the companies say that when crews change on trains, the departing
crew no longer needs to give the train the once-over as the train slowly pulls away. (Pull-by in-
spections are still done for trains with dangerous goods or loads that can easily shift.)

"We were holding the outbound crew waiting for departure," says Jim Kienzler, CP's director of
regulatory affairs. "It was delaying train times. We're running near capacity on our tracks. Any
time we can take out of our system improves our capacity. And we were finding nothing (using

But on Nov. 12, 2004, 10 CN multi-platform container cars derailed near Lévis, Que. It was
caused by a cracked wheel, and could have been avoided had the practice of pull-by inspections
not been abandoned, the TSB says in its report.

"If a pull-by inspection had been done when the crews changed, the condition of the wheel might
have been noticed," the TSB wrote of the Lévis case.

The companies' logic? Automation and technology are supposed to give engineers the heads-up
when there's a problem. That's fine when computers and humans meet as they're supposed to,
but disastrous when they don't.

That's exactly what happened on Feb. 21, 2003, when the engineer and conductor of a CP Rail
train ignored the warning signs — and disobeyed safety procedures — resulting in an explosive
derailment in the early morning near Melrose, Ont., east of Belleville.
Seven of the 21 derailed cars contained liquefied petroleum and exploded when they hit a loco-
motive waiting in a siding. The fire burned for three days.

The train was also carrying anhydrous ammonia, a toxic, corrosive gas that can be fatal if in-
haled, ingested, or absorbed through skin. About 300 residents of Melrose were evacuated. Two
crew members from the waiting train suffered burns from the fireballs of the punctured tank cars.

The TSB concluded the train derailed because of an overheated axle. A "hot box detector" had
indeed detected the overheating axle, and an automated warning was sent to the crew.
CAPITOL TO CAPITOL                                                                            Page 11

Standard operating procedures called for the crew to slow the train down and take it to the saf-
est place where a visual inspection could be conducted. Instead, the crew sped the train up be-
cause, at a siding a few kilometers away, another train was waiting for this one to pass.

"This increased speed contributed to an increase in the number of cars involved in the derail-
ment. Had the train slowed when the first alarm tone was received, the extent of damage and
the seriousness of the accident likely would have been reduced," said the TSB.

In its ensuing investigation, the TSB noted that the automated alarm was sent, but that's all it
was — a warning with no context. The train had to completely pass over the hotbox detector be-
fore the engineer knew via computer specifically what the problem was.
The railways changed that. After this accident, the warning outlining the specific problem is sent
immediately to the crew.

That highlights another problem: Automated audible messages won't work unless the crew is
awake and paying attention to those alerts. Such was the problem with another derailment later
that year.

On Oct. 19, 2003, a CP freight train eastbound for Toronto derailed at 11:18 p.m. because of a
burned roller bearing. The automated system worked as it should and had sent a message to
the crew about the roller bearing. But the crew wasn't listening. Their receiver was tuned to the
wrong channel.

The TSB suggested fatigue may have contributed to the accident, saying the crew had little or
no sleep in the past 24 hours. A locomotive engineer or conductor may work up to 18 hours in a
day — four more than a pilot, three more than a truck driver — and get less mandated time off,
the TSB noted.

In this case, the engineer had got off one train at 5:30 p.m. and was called back to work at 9:10,
taking over a train that would derail two hours later. So why are crews rushed back into service?
There are fewer of them, and there's more work in the booming business. Maintenance crews,
too, have been cut, a situation that may have led to a derailment on May 21, 2003, when a Ca-
nadian National train en route to Toronto went off the tracks in the village of Gamebridge, Ont.
About 250 tonnes of sulphuric acid was released and 50 people had to be evacuated.

The TSB says the train derailed because the track was in a state of disrepair. The report points
out that before 2002, it was the job of four workers to inspect track over a 116-kilometre tract
between North Bay and Washago. But after 2002, it became the job of two people, who also
had other inspection and maintenance duties on sidings and back tracks and inspectors no
longer walk the track, but drive it, looking for faults. It had been checked visually just two days
before the derailment.

"The track defects could have been more readily detected if the inspector had checked on foot,"
the TSB wrote. "The level of attention devoted to inspections in the area was not enough to
identify the gradual deterioration of track condition." But the TSB didn't blame the inspectors. It's
harshest words were for CN, which ignored protocol after a test car inspected and found 11
"urgent" defects and 27 "near urgent defects" in the track in April. Protocol would have slowed
down trains through that area until an up-close visual inspection was complete and repairs
                          CAPITOL TO CAPITOL
                          California State Legislative Board
                          Brotherhood of Locomotive Engineers & Trainmen
                          909 Armory Rd. #511
                          Barstow, California 92311-1633


                                                                     By Jonathan Weisman
                                                                       Washington Post

     WASHINGTON - For anyone who took fifth-grade social studies, how legislation turns to law always seemed
        pretty simple: The House passes a bill, the Senate passes the same bill, and the president signs it.

  But last month, Washington threw all that old-fashioned civics stuff into a tizzy when President Bush signed into
 law a bill that never passed the House. The bill -- in this case, a major budget-cutting measure that will affect mil-
      lions of Americans -- became a law because it was ``certified'' by the leaders of the House and Senate.

  After stewing for weeks, Public Citizen, a legislative watchdog group, sued Tuesday to block a law that aims to
   cut $40 billion over five years, charging that Bush and Republican leaders of Congress flagrantly violated the
  Constitution when the president signed it into law knowing that the version that cleared the House was $2 billion
                                          different from the Senate's version.

The issue is bizarre, with even constitutional scholars saying they could not think of any precedent for the journey
the budget bill took to becoming a law. Republicans are evoking an obscure Supreme Court ruling from the 1890s
        to suggest that a bill does not actually have to pass both chambers of Congress to become law.
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