Don't have an account yet? You can create one. As a registered user you have some advantages like theme manager, comments configuration and post comments with your name.
The General Committee office will be closed Friday, July 3rd, 2009 in observance of the Independence Day holiday. The office will reopen on Monday, July 6th, 2009.
With the 4th of July holiday approaching many will recall the Carrier shut down almost all operations this past Memorial Day on the day prior to the holiday, effectively abolishing all holiday covered assignments. As a consequence trainmen seeking to protect their holiday pay were sent scrambling for an active position to hold in order to protect service the day before the holiday; and many were unsuccessful in that endeavor because there were no assignments working in the terminal.
While the General Committee office did not have advance warning of the May 24th shut down in conjunction with the Memorial Day holiday in order to attempt to avert that catastrophe, the same cannot be said for the upcoming July 4th holiday wherein it is our understanding the Carrier intends to greatly curtail their operations both Saturday, July 4th and Sunday, July 5th, 2009. Consequently, following the Memorial Day fiasco, this General Committee immediately contacted the Carrier to solicit an Agreement to prevent a disruption of our members’ schedule when the Carrier annuls their assignment for the day before and/or after a holiday, as well as to prevent the loss of their holiday pay if the member doesn’t care about taking the extra day off, but simply does not want to lose their eligibility for holiday pay for doing so.
The June 24, 2009 Memorandum of Understanding found here accomplishes our goals. Under this understanding, whenever the Carrier annuls/abolishes a yard or road holiday covered assignment on the work day prior to and/or after the designated holiday, the affected conductor/trainman/yardman will be permitted to remain on their (shut down) position while waiting for reestablishment of the assignment (which will be specified in the holiday shut down notice). In addition, the employee choosing to wait out the return of their assignment after the holiday shut down can do so without fear of being penalized in the form of losing their eligibility to collect holiday pay so long as they protect the first work day before and after the holiday shut down period (the same as they would have protected the holiday itself, if the holiday were the only day the assignment was annulled).
The question has been posed to this General Committee as to whether we believe that single person RCO operations, or any single person train operations for that matter, are safe. Our answer is a resounding “NO” and we in the UTU are doing something about it!
In a letter dated March 10, 2009 General Chairperson Lesniewski wrote to D. R. Menefee, CSXT Director Train Accident prevention…
“As you know, in and around 2002 RCO Operations were pitched to both this Organization and, more importantly, to the FRA as a safe and efficient means of operation illustrating and emphasizing a two-person “pitch and catch” operation. Since that time however, no doubt due to financial consideration only, RCO operations at several locations throughout CSXT are evolving into a yard foreman/conductor only operation; which carries with it an all new set of challenges. While Crew Consist contractual provisions may permit the use of yard foreman only yard crews under stipulated conditions, I’m not so confident that safety considerations offer the same latitude.”
Since that time the parties have debated the safety of single person Remote Control Operations in subsequent correspondence and meetings, with yet another meeting in the offing. In the mean time, however, the General Committee has taken their concerns regarding this issue to higher level soliciting the assistance and advice of International President Mike Futhey and National Legislative Director James Stem. Both have responded with swift and decisive action. In a response letter dated June 8, 2009, National Legislative Director Stem responded challenging CSXT’s response to this General Committee’s concerns and writing:
“I will formally ask FRA what level of approval and partnership they have exercised in the establishment of CSX single person remote control assignments. Without a regulation covering Remote Control Operations, the general requirement of providing a safe place to work will provide the only common sense approach to a safety for these operations.”
International President Futhey was also already right on top of the issue. On June 11, 2009, President Futhey signed a joint petition to the Federal Railroad Administration in collaboration with BLET President Rodzwicz calling for “… an emergency order to prohibit the use of one-person operating crews, including remote control operations.”
A copy of the joint Futhey/Rodzwicz petition for an Emergency Order by the FRA can be found here.
National Legislative Director Stem’s June 8, 2009 response to General Chairperson J. E. Lesniewski, along with GC Lesniewski’s correspondence exchange with the Carrier regarding this issue, can be reviewed here.
In November of 2003 CSXT notified its’ labor organizations of a change they were instituting in their Family Medical and Leave Act (FMLA) Policy requiring employees to substitute paid personal leave days and vacation leave for unpaid FMLA leave under various specified conditions. This change in policy, which the Carrier’s vigorously argued was permitted by FMLA regulations, assaulted the collectively bargained rights and benefits of our members to schedule their own paid personal leave days and vacations; as well as their entitlements to claim supplemental sickness benefits for their own illness on some properties (such as our Rule 100, Section 15, Provident benefits) and legislatively garnered privileges such as Railroad Retirement Board sickness benefits.
Since that time the various labor organizations, working in concert with one another, have defeated the measure in Northern Illinois District Court (December 28, 2005 – see here), in the U.S. Seventh Circuit Court of Appeals (March 2, 2007 – see here), at the U.S. Supreme Court (January 14, 2008 – see here), in arbitration under the Railway Labor Act (December 2, 2008 – see here), and now in the penalty phase of the arbitration (June 1, 2009).
It is now game, set and match and THE LABOR ORGANIZATIONS HAVE COME OUT ON TOP! As most of you know, CSXT discontinued this FMLA policy in December 2008 in the face of the arbitration board's initial decision on the merits. Now, the Carrier’s must pay a penalty day for their indiscretions whenever an employee requested unpaid FMLA leave, but was forced to take paid leave, if the employee filed/progressed a penalty claim on a timely basis for being so forced.
Effective Monday, June 8, 2009, CSXT has re-designated the Labor Relations Officer where conductor/trainmen/engineer trainee rules violation (penalty) claims should be sent. Those claims, formerly addressed to T. Kerkezi Jr., should now be addressed to J. S. Deakins, Manager Labor Relations, at the same mailing address as Mr. Kerkezi. These penalty claims (not discipline claims) should be addressed:
J. S. Deakins - CLAIM APPEAL CSXT Manager, Labor Relations 500 Water Street, J-455 Jacksonville, FL 32202
An updated "Where Do I Send My Appeals?" cheat sheet is available on this web site at any time under the "Local Chairpersons" tab; and can be found now by clicking here.
Local Chairpersons using LCAT need not worry. They only need to change the name on their claim appeals from T. Kerkezi to J. S. Deakins. LCAT will automatically direct them to the proper office when you select "send to LR" and press "save" in the claim action screen.
The American Recovery and Reinvestment Act of 2009 (Recovery Act), signed into law by President Obama on February 17, 2009, contains a number of provisions that affect railroad retirement annuitants and railroad workers. Not the least of these provisions is one that provides up to 13 weeks of special extended unemployment benefits for certain railroad workers who have exhausted their rights to the benefits normally provided under the Railroad Unemployment Insurance Act (RUIA). For more information regarding these provisions, please review the May 2009 publication of U.S. Railroad Retirement Board Labor Member V. M. Speakman, Jr. here.
In April 2009 the Railroad Retirement Board announced one-time economic recovery payments ($250 each) that will be made to nearly 540,000 railroad retirement beneficiaries under the American Recovery and Reinvestment Act (Recovery Act) signed into law by President Obama on February 17, 2009. For details, a copy of the April 2009 news release from RRB Labor Member V. M. Speakman, Jr. can be viewed here.
Printable pay rate tables flowing from the recently ratified Buffalo and Pittsburgh March 31, 2009 Schedule Agreement are now available under the "Rates Of Pay" tab on this website.
Pay rate tables that became effective July 1, 2007 (with increases rolled into each B&P employee's retroactive pay) can also be found by clicking here.
Pay rate tables that became effective July 1, 2008 can also be found by clicking here.
Pay rate tables that wil become effective July 1, 2009 can also be found by clicking here.
(What follows is an important announcement regarding continuation of Health and Welfare coverage under COBRA for furloughed employees found on the UTU International's website.)
COBRA subsidy info available soon
The American Recovery and Reinvestment Act of 2009 (ARRA), which was signed into law by President Obama on Feb. 17, 2009, may temporarily reduce the premium you have to pay to purchase Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage under the medical, dental and/or vision plans for yourself and your qualified dependents, if you meet certain criteria.
All potentially affected employees will be receiving a notice from United Healthcare that will be sent by April 18, 2009, if they experienced a COBRA qualifying event at some time from Sept. 1, 2008, through Feb. 16, 2009.
Only employees who are losing coverage due to involuntary termination, which means that the employee stopped rendering compensated service due to a dismissal, a suspension or a furlough from employment, are eligible for the COBRA premium reduction. Involuntary termination status is determined by your former employer.
This group of employees may be eligible for the temporary premium reduction for up to six (6) months, and in some cases nine (9) months, beginning in March of 2009.
To help determine whether you qualify for the ARRA premium reduction, you should read the notice from United Healthcare carefully.
Members who either declined an earlier opportunity to enroll for COBRA, or elected COBRA but chose to discontinue the coverage, may be eligible for a second opportunity for enrollment and be eligible for the reduced COBRA premium.
The criteria for eligibility will be set forth fully in the notice from United Healthcare, and you are urged to read this notice very carefully, as there are certain timeframes in which you must elect this coverage.
If you are eligible for COBRA coverage for any reason other than the involuntary termination of the employee, including, but not limited to, resignation, retirement, disability, pregnancy leave or other voluntary leave of absence, then you will NOT be eligible for the reduced premium rate.
If you qualify for the reduced COBRA premium rate, you will be responsible for only 35 percent of the current COBRA monthly premium. The federal government will pay the remaining 65 percent of the cost.
This reduced cost would only be available to you beginning in March 2009. It is not available earlier, even if you were enrolled for COBRA coverage prior to March 2009.
If you were enrolled for COBRA continuation coverage in January and February of 2009, your payments for those months would remain at the standard COBRA premium rate and your rate for March and any subsequent months in which you were eligible for the premium reduction, would be at the reduced 35 percent premium rate.
Once you are no longer eligible for the reduced premium rate, you may continue your COBRA coverage at the standard premium rate, for up to the remainder of your COBRA eligibility period (18, 29 or 36 months).
You should note that although you may now be eligible for this second opportunity to enroll for COBRA continuation coverage, and elect COBRA coverage beginning on March 1, 2009, when the reduced premium rate took affect, your COBRA continuation coverage eligibility date does not change to March 1, 2009.
For purposes of determining how long you may continue your COBRA coverage (18, 29 or 36 months), your original COBRA eligibility date will govern.
The information to be received from United Healthcare will fully set forth all the details about the manner in which to enroll for COBRA at this time and how to obtain the ARRA subsidy.
Also, while the initial notice only pertains to those members who were involuntarily terminated and eligible for COBRA between Sept. 1, 2008, and Feb. 16, 2009, those employees involuntarily terminated after Feb. 16, 2009, will also receive a notice setting forth similar details.
Any questions members have regarding the ARRA COBRA subsidy provisions should be referred to United Healthcare at (800) 842-5252, or contact them at the following address: United Healthcare, Railroad Accounts, P.O. Box 150453, Hartford, CT 06115-0453.
With a remarkable 95% of eligible UTU Local 377 voters participating, the UTU – Buffalo and Pittsburgh Railroad Company tentative agreement has been ratified by a resounding 97% (for) – 3% (against) margin! The Agreement is now in the process of being signed, and is expected to be fully executed and placed into effect on March 31, 2009. As stated in Rule 33.3 of the newly ratified pact, retroactive pay dating from July 1, 2007 for active and retired employees will be paid within 45 days of the March 31st signing date.
The final vote tally, by craft, when balloting was closed on Friday, March 27, 2009 at 12 noon, was as follows:
The General Committee wishes to thank the members of Local 377 for taking the time to vote their concerns and exhibit an interest in their future. We would also like to express our appreciation once again for the patience these members demonstrated while waiting for an Agreement worthy of ratification.
Finally General Chairperson Lesniewski would personally like to thank International President Futhey for his support during negotiations, as well as the members of his negotiating team for their assistance, encouragement and contributions during negotiations. The UTU negotiating team consisted of General Chairperson J. E. Lesniewski (Chairman), Vice General Chairperson S. C. Mavity, Local Chairman H. R. Mahaffey (377) and International Vice President C. A. Iannone.
B&P members received a copy of the new March 31, 2009 Agreement with their ballot, labeled as a “tentative” Agreement. That “tentative” tag no longer applies. A fully executed copy (which includes the effective date and signatures) is now available by clicking here or at any time by clicking "UTU Agreements" on this website.
