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Saturday, November 08, 2003

BMWE NEWS RELEASE

October 27, 2003

Poll indicates BMWE support for BMWE/Teamster merger


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Health-care agreement ratified
CLEVELAND – United Transportation Union members have ratified a new health-care insurance plan, locking in improved benefits at lower costs than any other rail union has achieved.

The agreement, affecting almost 43,000 UTU members employed by most of the nation’s major railroads, plus numerous short lines, was ratified by 60 percent of those who voted. Votes were counted and reported by the American Arbitration Association, which conducted the entire voting process.

November 6, 2003

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CLEVELAND, October 31 -- The Brotherhood of Locomotive Engineers has reached a landmark contract agreement with the Texas-Mexican Railway that allows for the safe implementation of remote control operations and provides major pay raises.

"It's a good agreement," said BLE Tex-Mex General Chairman George Leyendecker. "There's nothing like it in the land."


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Brother Bob Webb comments on the mass defection of post-85ers from the UTU to the BLE&T of the Teamsters Union:
 
November 4, 2003
 
UTU Local 240, C&T
Harry J. Garvin III, Local Chairman
7365 Carnelian, Suite 227   
Rancho Cucamonga, CA 91701
 
Hi Harry,
 
This is an update regarding the mass movement, exceeding 100 in Los Angeles of post-'85 UTU members defecting into the new BLE&T Division of the Teamsters Union. They anticipate passage of the current BLE/IBT merger vote, noting that BMWE has also made preliminary inquiries to merge into the Teamsters as well. 
 
The group has expressed dissatisfaction with the UTU in swelling numbers, it seems mostly around the lack of road overtime, particularly on runs where they expire on the hours of service with absolutely no additional pay. They fault the UTU for not correcting this with future "Trip Rates" and cite the Las Vegas-Yermo example; a $206 Trip Rate for 171 mile run, with overtime not occurring until after 10' 43." It is feared that this will be reflective of our future Trip Rates as well. Also mentioned repeatedly is the national overtime rate (when rarely experienced) that is lower than straight time for most heavy equipment operators.  
 
More regarding overtime; One of the leaders of the movement states that everyone in his Brakeman's class is divorced, primarily because the railroad requires them to work nights, weekends and holidays away from their families for straight time, and..."the UTU hasn't ever done anything about it, why not give the Teamsters a chance? How many Teamsters work more than 8 hours, weekends or holidays without overtime or a night differential?"
 
They cite the recent 14% pay raise obtained by TCU, BRS and Amtrak compared to our 12% raise under the 2002 Agreement and state that RCO paid for the increased post-'85 deadhead under Trip Rates which will result in zero overall increased cost to the carrier.  Also concerning Health and Welfare $100 month CO-pay, 3% GWI "push-back" and half of future COLA givebacks, they have committed to stay in the UTU long enough to vote NO on the proposal because "compared to the clerks, were already paid up."
 
Copies of former BLE President John Sytsma's letter to Fred Hardin in 1984 detailing the Lake Erie Plan are being circulated. Highlighted in the letter was BLE's offer to run Engineer and CO-Engineer (from the ranks of UTU Conductor's) without Firemen, Brakemen or caboose for new business at 175% of the current pay rate, including all miles. The plan eliminated arbitraries except ITD and FTD which would begin after 30" for all. It provided protection for Brakemen by attrition.
 
This was an effort (rebuked by the UTU) to head off the oncoming disaster which became the 1985 Agreement. The group is well aware of the discrimination against post-'85 that eliminated future arbitraries, productivity payments, etc., and that those pro-funds denied them what eventually amounted to 33% of our pay on the SP. They determine if the UTU had found a way to agree to the Lake Erie Plan, possibly by merging with the BLE early on instead of trying to take it over, we would all be making 75% more right now, plus all Conductor's would have the skill of operating the locomotive, especially of concern in the light of future PTC operations. They are concerned about the UTU's inability to protect from future engineer only operations.
 
They resent the UTU encouraging them to support UP/SP merger implementing and hub agreements that protected the larger earnings of pre-'85 employees, while sacrificing $50 a day in reduced crew and meal allowances, plus 65 miles in off-assignment penalty and run-arounds. They feel that only because of these and other wage losses are the railroads willing to pay pre-'85 employees much higher wage protection (which includes pro-fund earnings) on the backs of extremely lower wages for post-'85. They know pre-'85 will eventually all be gone, leaving the UP with a windfall, again because of UTU agreements.  
 
The list goes on.... "UTU condones UP officer borrow-outs to cover manpower shortage created by railroad." Recognizing the high percentage of furloughed employees that did not return when recalled, the defecting group blames this on our national agreement pay rate and road overtime rules. Also that future "Trip Rates" will eliminate extra earnings for "step up" pay during manpower shortages. Again, a future loss as a result of a UTU agreement.
 
The inability to tie up for sufficient rest and family time without penalty to guarantee or other earnings protection is a huge issue. Even after being away for several days at a time, train crews can be called back on duty in 8-10 hours at home terminals. They feel the UTU failed to accomplish anything to increase their quality of life in the latest agreement. In fact, now they will have to work more to pay Health and Welfare contributions. They have grown impatient as more and more members end up in divorce court with children who do not know their dads. They see no end to this and can find no reason to be encouraged by the UTU in the future. 
 
These are the major complaints, earnings and time away from home. They feel insult is added to injury when asked to pay more for medical in the middle of an agreement and loose disability insurance as well. I don't know if that was the straw that broke the camels back, because the overtime issue has been brewing for years. I do know they realize what we've been doing obviously hasn't worked and can at least get some satisfaction by taking action of some sort of change via the Teamsters in a "what have we got to loose" fashion. All can tell you is to expect a loss of members, because they are a determined, disgusted and bitter bunch.
 
I have suggested that they call the General Chairman's office and voice their concerns. But I can't promise them Kevin will get the UP to pay us more, even though one might think a little more overtime could be less expensive than a continuos training expense. I also cannot argue with others doing the same job as me, risking life and limb, spending just as much time, if not more away from their families for half the pay. 
 
I don't know how much satisfaction post-'85 will get from the Teamsters, only time will tell. But they state the obvious, that railroad operating employee's earning ability has been devastated over the period the UTU has been in existence. It's also very apparent to all of us that the fighting between the unions to retain a diminishing number of members has cost us a fortune in wages. Many are completely fed up with those results.
 
Please feel free to forward this. I will send it to our General Committee and International after I hear from you as they both have expressed appropriate concern for issues in Los Angeles.
 
                                                                                Bob Webb, Local 240
                                                                                        Los Angeles
 

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Brother Bryan Lewis answers an RCO's question about links between Box use and abdominal pain:
 
Canac Belt Packs:
I was particularly concerned about the electro-magnetic pulses eminating from the boxes and from the units given the incidence of cancer tumors in users of older mobile phones and those living in the vicinity of high-tension power lines, ( I am aware that there is no scientific link established medically, but business has a vested interest in maintaining that disconnect).   In the Federal Beltpack regulations, there is a small reference to the issue and it is dismissed and referred to the Volpe Center for monitoring, (CFR  02/14/01; volume 66; number 31; page 10342).   I feel like a laboratory rat out there and with exposures ranging form 50 to 60 hours a week, I am wondering when my first abdominal tumor will show up. 
 
Anyway, to date, the major problem with wearing beltpacks is the back and neck strain.  It is not an acute problem but one that is definitely accumulative.  I have been lucky on occasion to be called off my regular RCO job for extra running with an engineer and the absence of the vest and beltpack is a noted and welcome relief to my upper back, (spinal area between and just below the shoulder blades) and lower neck vertebrae that results in an ache.   It is more of an annoyance than anything else, but what will be the cumulative effect, I wonder?
 
Brian Lewis
UPRR - Oakland, CA
 

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From the Federal Railroad Administration website: Of particular interest is an item found at the bottom of the document under New Developments which has the FRA changing position once again on the matter of Remote Control Operators operating while riding moving equipment.

RCL-Questions and Answers

RCL Operations Under FRA Regulations

New Developments:

Riding Cars
- After reviewing RCL operations for over a year, FRA is taking the position that RCO’s who are operating the RCL, regardless of the technology used, should not ride on the side-moving equipment under any circumstances. This does not include locomotive or caboose steps or platforms.

Main Track RCL Operations - The Notice of Safety Advisory 2001-01 was written to address the use of RCL technology in “switching” operations only. If this technology is used for “train” operations on the main track, FRA has several immediate concerns that need to be addressed before this occurs:

1. The current RCO training programs on file with FRA are not adequate for train operations. FRA would expect RCO’s to receive the same training on the basic fundamentals of train operations as any other locomotive engineer. This would entail significantly more classroom and on-the-job training. A new training program would have to be developed and submitted to FRA for approval.

2. The current technology may not be sufficient to conduct train operations. This technology was designed for yard switching operations and basically controls movements by the independent brake. This would be inappropriate for train movements.

3. FRA believes railroads would have to develop instructions and procedures to govern these operations. For example, RCO’s should be required to be located in the cab of the locomotive, out of harms way, while operating from point A to point B. The RCO’s should be in a position to observe air gages and other monitors during these operations.


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