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On April 1, 2008, V. M. Speakman, Jr., Labor Member of the U. S. Railroad Retirement Board, released dates and locations for RRB informational conferences currently scheduled for calendar year 2008. Anyone who is looking forward to retirement, or simply seeking additional information regarding unemployment benefits and eligibility, sickness benefits and eligibility, or any other Railroad Retirement Board related issue should consider attending one of these informational conferences. The schedule of conferences is attached here for all those interested. Registrations begin at 8:00 AM on the date of the conference, with the programs beginning at 8:30 AM and ending at 12:30 PM.
In the very near future each of us, as members of the United Transportation Union, will be called upon to cast a ballot for ratification of the proposed National Agreement. In an effort to assist the membership in understanding the content of the proposal, the General Committee Officers will be in attendance at meetings throughout the area under our jurisdiction as indicated on the schedule here of meetings denoting the date, time and location.
Included on the bottom of the schedule are additional informational conference dates scheduled by the International and/or the NS UTU General Committee(s) where B&O General Committee members have graciously been invited to attend also. Meetings are open to all UTU members regardless of Local membership affiliation.
It is imperative that as many members as possible be in attendance at the meetings to understand the seriousness of the vote, as well as, the content of the Agreement. The scheduled meetings are very tight in time due to the impending vote and distribution of the Agreement which should commence some time around the middle of May 2008.
On March 25, 2008 the Association of General Chairperson's - District 1 (United States rail) unanimously endorsed ratification of the tentative UTU 2008 National Agreement while meeting in Houston, TX, pursuant to Article 91 of the UTU Constitution. This endorsement followed a comprehensive discussion regarding the tentative agreement, as well as the finalized Questions and Answers associated with that Agreement.
The body of the tentative 2008 National UTU Agreement can be found here.
A copy of the Q&A's, along with the endorsement of the Association of General Chairpersons, District 1, are available here.
Myth #1: Union wages are responsible for companies relocating to foreign countries.
It’s not inaccurate to say that some jobs (e.g., manufacturing jobs) have been moved from the Midwest and Northeast to the South in order to take advantage of a non-union environment, a lower standard of living, and less stringent government regulations regarding environment protection and workers’ rights. It’s a fact. And there’s no arguing that unions are partially to “blame” for that. Even auto manufacturers in faraway Japan have heard about the built-in benefits of setting up shop in the American South; that’s why they install their factories down there.
Replacing a union forklift driver earning $17.50 per hour in Cleveland, Ohio, with a non-union driver earning $10.50 per hour in Tuscaloosa, Alabama, might be enough of an inducement for a factory owner to pick up stakes and relocate to Dixie, particularly if he had a large number of employees. Moreover, there’s not much a union can do about these wage differentials, other than try to organize as many sites in the South as possible, in order to level the playing field.
But a company that moves its operation to a foreign country isn’t doing it to avoid paying a union wage; it’s doing it to avoid paying an American wage. Where being able to pay a non-union forklift driver $10.50 per hour instead $17.50 per hour represents an opportunity to trim costs, the prospect of moving abroad is seen as a shrieking bonanza.
Moving an operation to Asia or Latin America is not a case of union vs. non-union. It’s a case of a decent standard of living trying to compete with the permanent underclass of a fledgling economy. It’s no contest.
And to suggest that it’s somehow organized labor’s fault that businesses are forced to exploit the foreign labor market is to perpetuate a lie. The United States could go non-union overnight, and you’d still have businesses seeking foreign labor. Why? Because the wage differentials are simply too staggering, too alluring, even compared to work being done in the U.S. for the federal minimum wage.
Posted by JEL on Tuesday, March 04 Eastern Standard Time (97 reads)
The B&O General Committee office has received several inquiries relative to how the Hours of Service requirements are applied to, and how much a conductor or trainmen are entitled to be paid for, audiometric (hearing) testing being conducted by the Carrier pursuant to CSX System Bulletin 103, as mandated by 49 CFR Parts 227 and 229.
With regard to Hours of Service, be advised audiometric (hearing) testing, being mandated by federal regulations, is a condition of your employment. As such General Chairperson Lesniewski was informed by FRA Inspector Mike Long (Chicago Office) upon his inquiry that audiometric (hearing) testing performed under the federal regulation is treated by the FRA as service performed which requires action on the part of the employee "at the behest of the railroad". Consequently, FRA does not consider it on-duty "covered service" as such, but if the employee is not fully rested before or after the hearing test, it is commingled with covered service. This would work much the same as a trainmaster would be treated under HOS if he performed train service during his tour of duty. His trainmaster work is not considered covered service under HOS, but if he performs train or engine service during his tour of duty, both his time working as a trainmaster that day and the time he performs train service duties would be commingled and the most restrictive HOS conditions applied (in this case the 12 hours restriction on trainmen).
Posted by JEL on Friday, February 15 Eastern Standard Time (92 reads)
The FRA has issued a final rule to become effective April 14, 2008 directed at a program of operational testing and inspections, as well as train movement protection requirements placed upon our members that could result in a personal fine if the regulations are not followed. THIS IS VERY IMPORTANT READING FOR THE MEMBERSHIP!
An overview of the regulation can be found by clicking here. The complete text of the regulation can be found by clicking here.
Posted by JEL on Wednesday, February 13 Eastern Standard Time (102 reads)
(What follows is a DOT press release reproduced from the UTU International website... with emphasis added by the General Committee)
FRA MOVES TO REDUCE HUMAN-ERROR RAIL ACCIDENTS
WASHINGTON, D.C. – The Federal Railroad Administration has taken action to reduce train accidents caused by human error.
According to U.S. Transportation Secretary Mary E. Peters, reducing common mistakes that result in nearly half of all human-factor caused train accidents is the aim of a new federal regulation.
The new rule places greater accountability on both railroad management and employees for complying with basic operating rules, Peters said.
Under the regulations, employees will have a “right of challenge” should they be instructed to take actions that, in good faith, they believe would violate the rules.
Posted by JEL on Friday, February 08 Eastern Standard Time (169 reads)
There are a few rumors regarding the tentative UTU National Agreement that I feel the need to squash quickly. Initially, the rumor mill is stirring that the tentative UTU National Agreement before you now was available two years ago, and was rejected by the BLET. Nothing could be further from the truth. In fact the BLET national negotiating team was in attendance at our October 2006 UTU/NCCC negotiating session when much of the Agreement later accepted by the Rail Labor Bargaining Coalition Agreement was rejected by the UTU as unacceptable. The Agreement later accepted by the RLBC (which included the BLET on the National level) then set the pattern for other rail craft national agreements during this round. It took a yeoman’s effort on the part of the UTU National Negotiating team this past January to go beyond the pattern settlement with the enhancements I will describe below.
Regarding the Agreement itself, I implore the membership not to compare apples to oranges. Information has reached this office that some members are questioning why we didn’t realize certain benefits that BLET members received in their recent Agreement. The answer is simple… you didn’t give up what they did! In fact, you didn’t give up anything of substantial value!
To understand this whole situation, you must understand there is a difference between a CSXT System Agreement and a National Agreement that applies to all the major railroad carriers. Three BLET General Chairpersons on this CSXT property did not participate in the BLE National Agreement. Instead they entered into a System Agreement, for their territory on CSXT alone, wherein they integrated the system Schedule Agreements of the former B&O, SCL & L&N into a single agreement being administered by three General Chairpersons. In doing so they did garner several financial items that are quite desirable; including decreased detention time, HAFHT meal allowance, a sixth week of vacation for 30+ seniority employees, as well as stock and DDO's for perfect attendance. They also gave up a number of hotly contested items to secure these benefits that the UTU didn't give up with our tentative National Agreement.
Posted by JEL on Thursday, February 07 Eastern Standard Time (124 reads)
The UTU entered this round of national negotiations faced with resolute determination on the part of the nation’s carriers, who were intent on breaking our crew consist agreements, consolidating T&E responsibilities into a single position, eliminating FELA and decimating many of our current entitlements. We left negotiations after a long battle having averted each of these carrier initiatives. Even further, after the National Rail Bargaining Coalition established a settlement pattern, I'm sure almost everyone expected that we too would end up with an identical agreement much the way all other settling crafts have. We didn't... we got that and much more! Without breaking the established “industry pattern” International President Mike Futhey and our UTU Negotiating Team were able to retain the Harris COLA at the expiration of the contract term, secure a $2.00 increase in HAFHT lunch payments, and roll back the 4-month waiting period for a new hire to receive insurance benefits. At the same time the UTU secured an avenue to arbitrate (rather than abandon) our dispute with regard to entry rates tied to training and qualifications; and also a commitment to negotiate and arbitrate as necessary our share of any savings the Carrier may realize in the future from nationalized health care. Given the current economic and political climate, and the obstacles we have faced from the onset of these negotiations, this is an excellent agreement by anyone’s standards. I heartily endorse ratification of this Agreement!
Posted by JEL on Friday, January 25 Eastern Standard Time (162 reads)
What follows is an important announcement from the UTU International website:
The United Transportation Union (UTU) and the National Carriers’ Conference Committee (NCCC) reached a tentative agreement Jan. 23 on wages, rules and working conditions retroactive to Jan. 1, 2005, and continuing in force through Dec. 31, 2009.
The tentative agreement, which must be ratified by some 46,000 affected UTU members, applies to conductors, brakemen, engineers, firemen, hostlers, switchmen and yardmasters employed by Burlington Northern Santa Fe, CSX, Kansas City Southern, Norfolk Southern, Union Pacific and smaller railroads party to the national agreement between the UTU and the NCCC.
After nearly three years of negotiations, a new bargaining team, headed by recently elected UTU International President Mike Futhey, reached the tentative agreement two days into resumption of talks.
Other members of the negotiating team were Assistant President Arty Martin, National Legislative Director James Brunkenhoefer, UTU International Vice Presidents John Babler, J. R. (Jim) Cumby and Robert Kerley, and UTU General Chairpersons John Lesniewski and Delbert Strunk.
Although the specifics of the tentative agreement will not be released until after discussion with affected (District 1) general chairpersons, Futhey said it provides for a 17 percent general wage increase over the life of the agreement, a retention of the cost-of-living adjustment (COLA), and a cap on health-care contributions. The wage increases also include retroactive payments covering the period July 1, 2005, to the implementation of the tentative agreement.
Additionally, the tentative agreement provides a mechanism for resolution of the entry-rates dispute, an increase in the held-away-from-home-terminal (HAHT) meal allowance, and, for the first time, contributions by the carriers to the yardmasters’ supplemental retiree medical insurance program.
Futhey thanked the negotiating team for their "participation and their contributions to the negotiating process. The UTU and the NCCC have made commitments to a cooperative process that returns the industry to a spirit of interest-based resolution of matters of mutual concern. This is a process that will pay dividends to the membership."
Members of the UTU National Rail Contract Negotiating Team are joined by U.S. Rep. Corrine Brown (D-Fla.) following signing of a tentative agreement between the UTU and representatives of the National Carriers' Conference Committee on Jan. 23 in Jacksonville, Fla. Brown heads the House of Representatives' subcommittee on railroads. Standing, from left, are UTU General Chairperson John Lesniewski, UTU Assistant President Arty Martin, Brown, UTU International President Mike Futhey, UTU Vice President John Babler and UTU Vice President J.R. "Jim" Cumby. Kneeling, from left, are UTU General Chairperson Delbert Strunk, UTU National Legislative Director James Brunkenhoefer and UTU Vice President Robert Kerley.