The Ontario workshop will be held at the Hilton Ontario Airport hotel and the Cleveland workshop will be held at the UTU International offices in North, Olmsted, Ohio.

Attendance is limited to 35 registrants at the Ontario workshop and 24 registrants at the Cleveland workshop. Newly elected local treasurers are encouraged to attend.

Those interested in attending should contact Nancy Miller, executive assistant to the general secretary & treasurer, at (216) 228-9400, or email her at n_miller @utu.org, as soon as possible.

The three-day sessions will include all training and materials at no cost to local treasurers. The local is responsible for other costs associated with the treasurer’s attendance, including travel, lodging and meals. These expenses, as well as lost time or salary, may be reimbursed as an allowable expense if pre-approved at a local meeting.

The workshops will provide local treasurers with hands-on training on the responsibilities and reporting duties of their office, including instruction on direct receipts and Winstabs. The workshops will also focus on completion of mandatory filings for LM reports, Form 990 and Department of Labor requirements.

The Hilton Ontario Airport is located at 700 North Haven Ave. in Ontario. UTU corporate room rates of $84 per night, plus tax, are available and include free self-parking, breakfast buffet and airport shuttle service (Ontario Airport only). Rooms are based on availability and will only be held for our group until March 19. Reservations can be made by calling the Hilton directly at (909) 980-0400. Provide the code “UTU” when making reservations. Remember, attendance is limited to 35 registrants.

The workshop will be conducted from 9 a.m. to 5 p.m.

The Cleveland workshop will be held at the UTU International Headquarters at 24950 Country Club Blvd., Ste. 340, in North Olmsted. UTU corporate room rates of $78 per night, plus tax, are available at the Radisson Hotel Cleveland Airport located at 25070 Country Club Blvd., which is conveniently located adjacent to the UTU Headquarters. The Radisson hotel provides complimentary airport shuttle service to Cleveland Hopkins Airport and a breakfast buffet.

Rooms are based on availability and will only be held for our group until April 30. Reservations can be made by calling the Radisson directly at (440) 734-5060. Provide the code “UTU” when making reservations. Remember, attendance is limited to 24 registrants.

Training sessions will be conducted by UTU International Auditors Stephen Noyes, Bobby Brantley and Mike Araujo.

Because space is limited, attendees will be accepted on a first-come, first-served basis. 

Treasurers should bring a notebook computer and a USB flash drive.

For news regarding future workshops for local treasurers, visit the UTU website regularly at www.utu.org.

Bates

Just ask UTU District of Columbia Legislative Director Willie Bates about safety standards for rail-transit systems.

Unlike freight and passenger railroads, rail-transit systems are not bound by federal construction standards, nor are their workers in safety senstive positions governed by federal hours-of-service limitations, says Bates.

As a member of the Obama administration’s 20-person Transit Rail Advisory Committee for Safety, Bates is collaborating with his fellow committee members to draft federal regulations for 47 separate such systems that currently set their own safety rules and procedures.

Congressional action will be needed to put them in place, as a 1964 law prohibits federal oversight of transit agencies. Bates supports giving the Federal Transit Administration regulatory authority for transit-system safety, pointing to a 2011 National Transportation Safety Board report citing “inconsistent practices, inadequate standards and marginal effectiveness with respect to state safety oversight of rail-transit systems.”

Bates last year was named by Transportation Secretary Ray LaHood to the Transit Rail Advisory Committee for Safety for good reason. In 2009, Amtrak’s highest safety honor — the Charles Luna Memorial Safety Award — was bestowed upon Bates, who has worked injury-free for 25 years as an Amtrak conductor, and never had a safety-rules violation. The award is named for the UTU’s first International president, who later was an Amtrak board member.

And in 2011, the Governor of Virginia bestowed upon Bates the Governor’s Transportation Safety Award for rail transportation. Bates formerly was president and vice local chairperson for UTU Local 1933 in Richmond.

The efforts of the Transit Rail Advisory Committee are supported by the UTU National Legislative Office, which is educating congressional lawmakers on the importance of standardized federal safety standards for rail transit systems.

This Journey for Justice, which involves other labor organizations, follows a December holiday toy drive benefitting children of the locked-out workers.

Beginning with a solidarity rally in Fargo Feb. 22, the Journey for Justice will make stops in Illinois, Indiana, Iowa, Minnesota and Ohio.

Cooper Tire & Rubber locked out more than 1,000 workers at its Findlay, Ohio, plant just after Thanksgiving, while American Crystal Sugar locked out some 1,300 of its workers at seven facilities more than six months ago, refusing to negotiate.

Journey for Justice leaders are using social media – Twitter and Facebook – to help publicize the effort on behalf of the locked-out workers, which is expected to add to the collection of non-perishable foods for their families.

“These anti-union employers think nothing of treating their workers as nothing more valuable than a used No. 2 pencils, to be discarded at will,” said UTU Alternate National Legislative Director John Risch, who formerly was state legislative director in North Dakota.

Said Minnesota State Legislative Director Phil Qualy: “These loyal and productive workers — our union brothers and sisters — have been locked out of their life-long jobs through no fault of their own. As fellow middle-class Americans and trade unionists, their plight is our plight and they need and deserve our help.”

In North Dakota, where the Bakken Shale reserve is being drilled, some 450,000 barrels of crude oil daily are being pumped – so much that pipelines are at capacity and BNSF and Canadian Pacific (Soo Line) tank cars are originating up to 300,000 barrels of crude oil daily to refineries along the Gulf Coast. In fact, the state estimates that as drilling expands, railroads could be hauling as much as 700,000 barrels of the black gold in tank cars.

In western Canada, meanwhile, CP and Canadian National are hauling increased quantities of crude oil from the Alberta tar sands south across the border, destined to refineries along the Gulf Coast – a 1,700-mile rail route through Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

Union Pacific, which is sharing in the southbound haul of crude oil, also reports sharp increases in drilling and construction materials headed north to the oil drilling fields. Kansas City Southern is gearing up for southbound loads of crude oil to Texas and Mexico, where new refinery terminals are under construction.
 
As for natural gas drilling, the Marcellus Shale field, stretching underground from Ohio to Pennsylvania and into West Virginia, is providing CSX and Norfolk Southern with sharp increases in carloads of sand, cement, drilling rig parts, chemicals, pipe and rock headed to the drillers. As natural gas drilling increases, even more carloads are in store for CSX and NS, which serve the Marcellus Shale region.

NS says it has quadrupled the number of carloads of materials headed to drillers, growing to a current 24,000 carloads annually in just two years, while CSX is hauling some 13,000 cars annually of materials to the drillers. There is also a smaller backhaul of waste and debris.

NS said it has hired – or is hiring – an additional 200 conductors to handle the increased business.

Then there is the growth of ethanol, which has soared from 2 billion gallons of production annually to 13 billion gallons of the past 10 years – much of it moving by rail. Federal law requires all gasoline to include a 10 percent blend of ethanol, and European nations are increasing their imports of ethanol from the U.S.

Caltrain operates south from San Francisco to San Jose and Gilroy.

TransitAmerica Services, Inc. (TASI), a subsidiary of Herzog Transit Services, will replace Amtrak as operator of Caltrain beginning May 26, following a rebid process by the Joint Powers Board that controls the commuter operation. Amtrak has operated Caltrain since 1992. TASI won a five-year operating agreement that begins in May.

The UTU has reached an agreement with TASI, recognizing the UTU as the representative of conductors and assistant conductors who will be hired by TASI. The agreement governs rules, rates of pay and working conditions for conductors and assistant conductors on TASI, giving first right of hire to Amtrak employees who are working in the service as of May 25.

In the event that the number of Amtrak conductors and assistant conductors who apply for employment on TASI — and who are hired — exceeds the number of positions available at startup, such applicants will be placed on hiring pool list for subsequent employment.

UTU-represented conductors and assistant conductors in Amtrak Zone CS-2 on May 26 will, as a result of the change in operators, have no Amtrak positions left to work, and will be placed in home terminal/displaced status under provisions of Rule 8 of the current collective bargaining with Amtrak.

Conductors and assistant conductors have rights to flow to other Amtrak zones as provided under the Amtrak agreement.

If those rights are not exercised within a five-day period beginning May 26, the Amtrak Zone CS-2 conductors and assistant conductors will become home terminal furloughed, as provided by Rule 9 of the Amtrak agreement. Conductors and assistant conductors under home terminal furlough who accept employment with TASI will continue to maintain seniority and employment rights with Amtrak until such time as recalled to service by Amtrak.

Amtrak conductors and assistant conductors working outside Zone CS-2 may submit an application to TASI for employment, but must be aware that if non-Zone CS-2 conductors or assistant conductors choose to leave active status with Amtrak for employment with TASI, Amtrak will not grant a leave of absence and those individuals will terminate their employment rights and seniority with Amtrak.

Before making a decision on whether to apply for employment with TASI, the UTU recommends you review the TASI/UTU implementing and working agreements, which are available for inspection by clicking on the following link:

TASI/UTU implementing and working agreements

This agreement is modeled after the current Amtrak collective bargaining agreement, with some modifications and enhancements to reflect the new operator and the current round of negotiations with Amtrak.

The agreement preserves and enhances current crew consist and productivity allowances and retains years of service for vacation entitlement of Amtrak employees who are employed by TASI. In addition, the agreement provides for health and welfare benefits equivalent to those in the current Amtrak contract.

The negotiating team consisted of CO 769 Chairperson Dirk Sampson and Vice General Chairperson Charlie Yura. They were assisted by UTU International Vice President John Previsich.

“Chairpersons Sampson and Yura are to be commended for their leadership role in securiing for their members a first right-of-hire with the new operator, while maintaining for all of TASI’s UTU-represented employees wages and working conditions that are equal to, or exceed, those currently in place on Amtrak,” Previsich said.

The merger of the UTU and the SMWIA into the International Association of Sheet Metal Air, Rail and Transportation (SMART) Workers creates “new, vibrant and exceptional opportunities to organize the unorganized, become more efficient in our daily activities and make our highest calling the representation of the men and women of SMART,” the leadership said.

In the first meeting of the UTU and the SMWIA leadership with senior staff in late January, the committees formed in November began the development of joint objectives “to ensure we all pull in the same direction, build trust in one another and use members’ dues in the most efficient manner.”

Initial goals established include:

•Acceleration of public knowledge of SMART’s creation, especially through event staging, such as joint participation in rallies supporting collective bargaining rights. The two organizations will increase state activism efforts to slow and turn back efforts of anti-union lawmakers seeking to eliminate collective bargaining rights and impose right-to-work (for less) laws.

•Identifying opportunities for organizing the unorganized. This will be accomplished in the transportation area with the SMWIA’s larger organizing staff assisting UTU organizers, and leveraging the UTU’s strong state presence through state legislative departments to create opportunities for organizing contractors in the sheet metal and air conditioning industries.

•Joint federal and state legislative activity in furtherance of laws and regulations beneficial to all SMART members.

•Maximizing the use of SMWIA training facilities.

•Aggressive pursuit of federal grants to address safety and security issues.

•Focus on improving the quality of member health care insurance, at the lowest possible cost to members.

•Coordinate publications and websites of the two organizations.

•Provide financial savings, increase members’ services and reduce administrative expenses through a proficient structure by taking advantage of the financial strengths of each organization and comparing internal practices to determine how SMART might become more efficient and effective in its commitment to members.

•Coordinate information technology hardware and software improvements, link telephone systems, and share the numerous collective bargaining agreements and membership databases of the separate organizations.

•Answer member’s questions regarding the separate constitutions, election of officers, conductor certification, contract provisions, application of the Railway Labor Act, National Labor Relations Act, Family and Medical Leave Act and equal opportunity laws.

•Ensure the senior elected leadership of both organizations participates jointly at UTU regional meetings and in the labor/management 2012 Partners in Progress conference in March.

“Combined as SMART, we create a large and powerful voice within the AFL-CIO and in advancing legislative objectives in Congress and state legislatures,” said the senior leadership of the UTU and the SMWIA.

The senior staff of the UTU and the SMWIA will continue to work jointly at the committee level in furtherance of these objectives, leading up to the 2014 SMART convention and keeping members informed through updates published on the websites and in the UTU and the SMWIA publications.

“SMART exists to service the interests of our joint membership,” the senior leadership said.

At a recent SMWIA/UTU meeting are, from left, SMWIA Secretary Treasurer Joe Sellers Jr.; SEPTA General Chairperson
Waverly Harris, who serves as chairperson of District 3 of the UTU’s Association of General Chairpersons;
UTU International President Mike Futhey; Long Island Rail Road General Chairperson Anthony Simon, who serves as
chairperson of District 1 of the UTU’s Association of General Chairpersons; SMWIA General President Joe Nigro;
UTU Assistant President Arty Martin, and UTU General Secretary & Treasurer Kim Thompson.

Congratulations go to Art Rayner, the United Transportation Union Insurance Association’s man of the year for 2011.

The competition Art faced from our other dedicated and determined field service representatives demonstrated that the UTUIA is financially strong and growing. And the UTUIA will grow even stronger as our merger with the Sheet Metal Workers International Association into SMART eventually allows 150,000 additional trade unionists to join the UTUIA through purchase of insurance and investment products.

For 2011, the UTUIA’s assets grew by $3 million, its annual revenue topped $17 million, and it produced a surplus (net income after costs are deducted) of almost $2 million.

The UTUIA’s investment portfolio is generally conservative, primarily invested in government and corporate bonds and companies with the highest credit ratings, with just 15 percent of assets invested in stocks and real estate.

Our field supervisors have been provided with new technology that better helps them provide insurance advice, while the number of UTUIA insurance products has increased.

The UTUIA is working to determine what changes in its constitution are required to make its products available to our new SMWIA brothers and sisters (the current constitution limits sales to transportation workers). The key to improving further the UTUIA’s financial performance is growing sales volume, and inclusion of non-transportation workers represented by the SMWIA is essential.

As the UTUIA’s financial performance improves from inclusion of SMWIA’s 150,000 members and increased sales, product offerings can be widened.

As it has been for 135 years, the mission of the UTUIA, an insurance company owned by its trade-union members, remains the same. It is to promote the general welfare of its members; disseminate information about life, health and annuity products that provide for the security of its members and their families; provide uncompromising service quickly, efficiently and professionally; and engage in volunteer activities through its local units.

The UTUIA recognizes its obligations to its members and shall constantly strive to live up to the ideals of the fraternal benefit system.

For more information on the UTUIA and its products, including links to UTUIA field service representatives, click on the following link: 

www.utuia.org.

Combined with the tens of thousands of messages from others, the House Republican leadership has pulled back a planned vote Feb. 17 on a draconian transportation bill that would cost jobs, menace transportation safety and threaten the future of Railroad Retirement.

As phone call, email and fax communications flooded House offices in Washington – many from UTU members asked to voice their concern — House Speaker John Boehner (R-Ohio) delayed at least for another week a vote on H.R. 7, the misnamed American Energy and Infrastructure Jobs Act.

Boehner’s fellow Republicans were refusing to get in line with the speaker,  taking note of voter displeasure with the bill. Separately, President Obama said he would veto the measure if it reached his desk.

The fight is not over.

“Your contacts with Congress helped make this postponement of a vote necessary,” said UTU National Legislative Director James Stem. “With Congress in recess next week, and House members back in their districts taking the voters’ pulse, it is important you continue to call and email your House representative and renew your plea that they vote “no” on H.R. 7, the misnamed American Energy and Infrastructure Jobs Act.”

Here are the facts on how damaging that bill, if passed into law, could be for UTU members.

* It would facilitate privatization of public transit system by directing more federal funds to systems that contract out at least 20 percent of the jobs.

* It denies transit systems the flexibility to use federal funds to maintain service and retain workers during times of economic crisis, as we now are enduring.

* It eliminates federal minimum wage and overtime requirements for van drivers that transport rail crews between terminals, meaning these already low-paid and fatigued drivers would become more of a safety hazard when transporting crews.

* It delays mandatory implementation of positive train control on passenger rail lines from late 2015 to late 2020.

* It allows freight railroads to implement alternatives to installing of positive train control, which would provide crews and the public far less protection.

* It eliminates grants for hazmat train-the-trainer program, which would dramatically reduce or end training programs at the National Labor College.

* It eliminates capital grants for states seeking to expand and improve Amtrak service.

* It reduces long-term capital funding for Amtrak, limiting Amtrak’s ability to upgrade tracks and bridges on the Northeast Corridor.

* It prohibits Amtrak from using specialized outside counsel to recover from those at fault in Amtrak collisions, likely causing Amtrak to bear full responsibility for deaths and injuries cause by a non-Amtrak entity – even where it is clear the other operator was solely responsible for the entire accident.

* It requires Amtrak to contract-out its food and beverage service to the lowest bidder, threatening 2,000 Amtrak jobs and contributions to Railroad Retirement by shifting those jobs to non-union low-wage, low-benefits operators.

* It makes permanent a pilot program that allows any passenger rail provider to bid for any of Amtrak’s routes.

* It prohibits California from using any highway, transit, or passenger rail funds for development of high-speed rail.

To contact your House member and urge a “no” vote on H.R. 7, the American Energy and Infrastructure Jobs Act, click on the following link:

www.contactingthecongress.org/

Then select your state, click on the name of your representative, and you have the information needed to send an email or fax, or make a phone call.

Freight rail, Amtrak and transit jobs, safety and Railroad Retirement are at risk if this bill is passed by the House of Representatives.

In this case, it is especially important if you are represented in the House of Representatives by a Republican, because the Republican leadership is pressing to find enough votes to pass the bill later this week.

The bill is a blueprint for multi-year transportation spending – supported by an anti-labor House leadership – that would have a most negative impact on the job security of bus, rail and transit workers.

It is H.R. 7, the American Energy and Infrastructure Jobs Act, a wolf in sheep’s clothing if there ever was one. A better name would be the anti-jobs act.

Among the bill’s worst provisions are:

* It would facilitate privatization of public transit system by directing more federal funds to systems that contract out at least 20 percent of the jobs.

* It denies transit systems the flexibility to use federal funds to maintain service and retain workers during times of economic crisis, as we now are enduring.

* It eliminates federal minimum wage and overtime requirements for van drivers that transport rail crews between terminals, meaning these already low-paid and fatigued drivers would become more of a safety hazard when transporting crews.

* It delays mandatory implementation of positive train control on passenger rail lines from late 2015 to late 2020.

* It allows freight railroads to implement alternatives to installing of positive train control, which would provide crews and the public far less protection.

* It eliminates grants for hazmat train-the-trainer program, which would dramatically reduce or end training programs at the National Labor College.

* It eliminates capital grants for states seeking to expand and improve Amtrak service.

* It reduces long-term capital funding for Amtrak, limiting Amtrak’s ability to upgrade tracks and bridges on the Northeast Corridor.

* It prohibits Amtrak from using specialized outside counsel to recover from those at fault in Amtrak collisions, likely causing Amtrak to bear full responsibility for deaths and injuries cause by a non-Amtrak entity – even where it is clear the other operator was solely responsible for the entire accident. 

* It requires Amtrak to contract-out its food and beverage service to the lowest bidder, threatening 2,000 Amtrak jobs and contributions to Railroad Retirement by shifting those jobs to non-union low-wage, low-benefits operators.

* It makes permanent a pilot program that allows any passenger rail provider to bid for any of Amtrak’s routes.

* It prohibits California from using any highway, transit, or passenger rail funds for development of high-speed rail.

To contact your House member and urge a “no” vote on H.R. 7, the American Energy and Infrastructure Jobs Act, click on the following link:

www.contactingthecongress.org/

Then select your state, click on the names of your senators and representative, and you have the information needed to send an email or fax, or make a phone call.

Freight rail, Amtrak and transit jobs, safety and Railroad Retirement are at risk if this bill is passed by the House of Representatives.

Other rules and procedures are crystal clear, but the ballast-level application depends on an individual’s level of training and professionalism.

With conductor certification, this responsibility has been highlighted and enhanced, and retaining certification can depend on proper ballast-level application of operating rules.

This brings us to the proper application of one of the most important and consistent rules throughout the nation, which was put into place by the FRA to protect life, limb and property during circumstances that require the utmost attention to detail and all crew members’ undivided attention: restricted speed.

The foundation of restricted speed for all rail carriers is found at Code of Federal Regulations, Section 49, Part 236, Subpart G-Definitions § 236.812, dealing with speed restriction. It requires “A speed that will permit stopping within one-half the range of vision, but not exceeding 20 miles per hour.”

Many will read that statement and proceed at the limits of that definition — a speed of 20 miles per hour — completely overlooking the true intent of the regulation.

Restricted speed is not a posted speed that we strive to maintain. It is as crystal-clear a word that can be used in a procedure: Restricted based on circumstance –circumstance that only those in the locomotive cab can truly apply to ensure safe operation.

Is there a train ahead? Broken rail? Faulty signals? The circumstances surrounding the use of restricted speed may vary, but the importance of protecting life, limb and property never changes.

In short, restricted speed is a warning that something in front of you has the ability to get you fired, hurt or killed. 

When restricted speed is required, the warning should bring one out of your seat – make the hair on the back of your neck stand – because that is how dangerous the situation is at that point.

When speed is restricted, every element of your job should have your undivided attention, looking for what lies ahead — moving at a speed that will allow stopping in an instant when the unknown becomes known.

An in-depth job briefing among crew members is a must, and at times should include contacting the dispatcher for as much pertinent information as possible.

When speed is restricted, engineers and conductors must insist that each other drop all other activities, remain vigilant and attentive at the task at hand.

Conductors must be in position to stop the movement immediately should any doubt arise that the train is not under control using the provided emergency brake handle on their side of the locomotive.

With conductor certification, you are now held accountable, and it is only logical that you place the train into emergency 10 times than to gamble with your life once.

In some cases, we struggle to find examples of others’ misfortune to bring to light our urgency to comply with rules and procedures. Unfortunately, during 2011 there were five serious accidents where, according to the National Transportation Safety Board, crewmembers “failed to operate their trains at the required restricted speed.” Two of these accidents resulted in crew fatalities:

* Red Oak, Iowa, April 17, 2011, on BNSF

* Low Moor, Va., May 21, 2011, on CSX

* Mineral Springs, N.C., May 24, 2011, on CSX

* DeWitt, N.Y., July 6, 2011, on CSX

* DeKalb, Ind., Aug. 19, 2011, on Norfolk Southern

Be wise and learn from the mistakes of others who failed to follow rules, procedures and signal systems that were designed over decades to prevent such collisions.

The UTU Safety Task Force urges you to operate at a speed that will allow you to go home to your family in once piece — never allowing others to set your level of personal safety.

Fraternally,

UTU Safety Task Force

Greg Hynes

Steve Evans

Jerry Gibson

To read other Rail Safety Alerts from the UTU Rail Safety Task Force, click on the following link:

http://utu.org/safety/utu-rail-safety-task-force/