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Thursday, March 11, 2004 |
CN asks strikers to go back to work
MONTREAL -- Canadian National Railway Co. said yesterday that it offered the union representing 5,000 striking rail workers the option for a "cooling-off period" in which employees would return to work while bargaining resumes.
The offer, one of three options made by the company to leaders of the Canadian Auto Workers Union, came as hundreds of striking CN workers held rallies in eastern Canada yesterday.
Riot police once again broke up protests at CN's Taschereau yards in Montreal's west end. No injuries were reported. Police said three strikers were arrested on charges of mischief.
The strike by cargo loaders, mechanics and clerical workers is entering its fourth week. It is affecting railway employees, customers and shareholders, CN said.
"The union has the choice to continue the strike, but to resolve the dispute CN is ready to move forward," the company said in a statement.
CN made three proposals: A cooling-off period, binding arbitration where a third party would choose a settlement offer by either the company or the union, or allowing the CAW to submit what CN called "a final enhanced offer" for a vote by workers.
Union leader Abe Rosner called the offers "a positive sign." He said the union will weigh the options. But he said he does not favour binding arbitration.
"We want to continue negotiating," Rosner said.
Dozens of striking workers in Montreal blocked access by trucks to CN's intermodal yard, where cargo is transferred between trucks and trains. Police said the strikers refused to move, defying a court order limiting the number of pickets.
About 40 riot police steadily pushed the strikers back, away from the gates to the yard. One man, who had been spouting rhetoric against CN chief executive Hunter Harrison periodically through a megaphone, was carried off by police.
Union representatives claim the two sides were close to an agreement last Sunday on several points, including the issue of alleged harassment of employees.
But CN withdrew all new offers abruptly, saying union negotiators made a series of unrealistic demands.
The railway said the union asked the company to boost the original agreement negotiated Jan. 23 by more than 25 per cent.
"There is no economic basis to justify such an increase," CN said in its statement yesterday.
The workers, representing one-quarter of the railway's Canadian workforce, walked off the job Feb. 20 after rejecting a contract offer from CN that gave them wage increases of about three per cent for each of the next three years.
Union leaders had recommended the workers endorse the deal.
CN managers have stepped in as replacement workers. The company has also hired some retirees temporarily. The CAW charges the railway is also importing workers from the U.S. and has licence-plate information, names and photos to prove it. CN denies the charge.
Some trade groups have called on the federal government to intervene to put an end to the dispute, saying the Canadian economy should not be held ransom to the conflict.
Federal mediators have so far urged the two sides to restart talks.
But labour department officials say there is no plan to legislate an end to the impasse.
10:41:08 PM 
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Former UTU President Byron A. Boyd, Jr. pleads guilty
HOUSTON, Texas -- Former UTU President Byron A. Boyd Jr. pleaded guilty in federal court here Thursday, March 11, to one criminal count for which he was under indictment.
Boyd also retired from his positions as UTU president and president of the United Transportation Union Insurance Association (UTUIA).
“Today is a day of great sadness and personal regret,” Boyd said in a prepared statement issued following his plea. “I take full responsibility for my actions and make no excuses. What I have pleaded to is a burden that falls squarely on my shoulders, as it should. To all I am truly sorry for the anguish I have put you through.”
Boyd, along with former UTU President Charles Little, and two former UTUIA employees – Ralph Dennis and John Rookard – were principally charged last year by federal prosecutors with illegally accepting payments from attorneys who handle or had hoped to handle personal injury cases involving UTU members.
“My heart and prayers go out to all who have shown their love, kindness and support to my family and me,” Boyd said. “Your actions have been a light and confirmation of all that is good and I am most thankful.
“The UTU is truly blessed to have Paul Thompson and Dan Johnson now leading the international,” Boyd said. “They are deserving of unfaltering support. I know they will lead the organization with complete and unwavering dedication. My thoughts and prayers will forever be with the members and officers of the United Transportation Union.” |
| March 11, 2004 |
8:55:02 PM
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March 10, 2004, 10:10PM
By HARVEY RICE
Copyright 2004 Houston Chronicle
The guilty pleas of three officials in the nation's largest railroad operating union are the opening salvo in a bribery probe that could snare some Houston lawyers and officials in other unions, a federal prosecutor said Wednesday.
Assistant U.S. Attorney Edward Gallagher said investigators also will look into the possibility that some people committed perjury before the grand jury.
The United Transportation Union officers are the focus of the investigation, he said, and authorities also are looking into "the conduct and activities of attorneys."
Gallagher revealed the continuing investigation in his answer to a question by U.S. District Judge Sim Lake following a guilty plea by John Russell Rookard, 58, a board member for the United Transportation Union Insurance Association.
Gallagher told Lake that many of the attorneys listed in a plea agreement detailing Rookard's alleged crimes were from Houston.
The indictment of Rookard and three other union officials in September focused on allegations of the sale of access by attorneys to union workers injured on the job.
The indictment alleged that union presidents determined which attorneys were included on the union's designated legal counsel list, a coveted designation because it gave attorneys easier access to injured union members in potentially lucrative damage suits.
The 1908 Federal Employers Liability Act allows unlimited damages for railroad workers because their jobs are so hazardous.
Lawyers on the list were given union membership, which allowed them access to otherwise closed union meetings and the imprimatur of the union, authorities said.
At the time of the indictments, 56 designated legal counsels were listed on the union's Web site, six in Texas and five from the Houston area.
Rookard was top assistant to United Transportation Union International President Byron Alfred Boyd Jr., 57, who is scheduled to plead guilty today.
Charles Leonard Little, 69, of Leander, former union international president; and Ralph John Dennis, 51, former union insurance director, pleaded guilty last year.
The union, with headquarters in Cleveland, Ohio, has about 125,000 members nationwide in the railroad, bus, mass transit and airline industries.
Rookard faces a maximum sentence of 20 years in prison and a $250,000 fine after pleading guilty to a conspiracy charge under the federal racketeering statute. He agreed to forfeit the $45,000 he earned for his part in the bribery scheme.
Lake scheduled Rookard's sentencing for May 10. Rookard and the other union officials remain free on $100,000 bail pending their sentencing. They have agreed to cooperate with the government.
Under the plea agreement, Rookard is barred from holding any union offices or offices in any employment benefit plans.
2:02:10 PM
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Locomotive Engineers Merge into the Teamsters
--Ron Hume
On January 1st it became official. In response to a referendum in early December, the teamsters union (IBT) and the locomotive engineers union (BLE) merged. The engineers union, the oldest -- and one of the most conservative -- craft unions in the U.S. has been renamed the Brotherhood of Locomotive Engineers and Trainmen (BLE&T), and will become a division of the newly formed Rail Conference of the International Brotherhood of Teamsters.
Founded in 1863, the Brotherhood of Locomotive Engineers has zealously guarded its independence over the years, and since the 1960s has rebuffed the overtures of the United Transportation Union (UTU), the rail industry's largest labor organization, for a marriage of their own. The irony of the BLE being successfully wooed by the Teamsters is striking. The UTU and the BLE are natural merger partners -- between them they represent what is left of the running trades (which at one time included not only engineers and conductors, but fireman, brakeman, and flagmen which have now largely been eliminated). However, the BLE nixed not one, but two proposed mergers of the two unions in recent years, only to merge with the Teamsters shortly thereafter.
According to Teamsters General President James P. Hoffa, "The Teamsters have always had a vision for a seamless transportation union giving workers real power on the job and in the political arena. This historic merger brings us closer to our union's vision." The Teamster president claims that the merger creates "...a partnership to strengthen our ability to represent workers across the transportation spectrum."
Trainmen Now Welcome…
Notably, the new BLE&T will now, after 140 years of strict craft exclusivity, actively court trainmen into its once elite ranks. According to BLE&T union president Don Hahs, "The doors are now open and the structure in place. Throughout negotiations, it was our intent and the Teamsters' intent to allow the new organization (BLE&T) to represent trainmen under the umbrella of the IBT Rail Conference. We welcome trainmen with open arms."
In addition, the BLE and IBT have already been organizing short line railroads throughout the United States. Over the past year, the two organizations have successfully organized seven different shoreline properties since July of 2002, signing up over 700 engineers and trainmen from seven different roads.
And most recently, on February 6th, the BLE&T scored a stunning upset victory over the UTU on Canadian Pacific Railway (CP). Last fall, the UTU successfully petitioned the Canadian Industrial Relations Board for a winner-take-all election on the transcontinental railway, believing that it could easily win in such a contest. Given that there are approximately 1,700 engineers at CP and approximately 2,800 trainmen, the latter represented by UTU, the UTU was confident of victory. However, at the time the petition was filed, the UTU leadership had yet to be indicted in federal court on racketeering charges, former UTU president Little had not confessed to such charges (see related article), and the BLE had yet to merge with the powerful Teamsters union. When the vote came down, a majority of 1,687 of the 3,173 votes cast were for the Teamsters Canada Rail Conference (the BLE&T affiliate in Canada). In a unit dominated by trainmen represented by UTU, the BLE&T managed to win by 201 votes.
BLE&T On a Roll
The BLE&T represents the first railroad union under the new IBT “Rail Conference”, and others may follow. Other AFL-CIO affiliated rail unions have contacted the IBT regarding possible mergers. The Brotherhood of Maintenance of Way Employees (BMWE) is currently in merger discussions with the IBT. In fact, the Teamsters Canada Rail Conference has recently applied for certification to represent members of the BMWE at CP and is awaiting the Canadian Industrial Relation Board’s decision. Furthermore, a similar request will be made for members of the BMWE at Canadian National (CN), Canada’s other major railway.
As a result of the BLE&T's upset on CP, it is unlikely the UTU will petition now for an election on the CN. However, who is to say just what the BLE may choose to do, now that it has been the surprise victor on the CP. Now that the new BLE&T is actively seeking trainmen, and in the face of the UTU’s weakened position, will the old engineer’s union begin some raiding of its own? Morale in the ranks of the UTU is at an all-time low. In the face of the BLE’s successful Teamsters merger, the looming scandal involving the UTU past and current leadership, combined with the startling defeat on the Canadian Pacific, some rank-and-file UTU members are weighing their options. Rumors abound of mass defections from the ranks of the UTU to the BLE. In such a climate, the BLE&T may begin attempts to actively woo the UTU membership. There is talk of entire locals going over to the BLE&T. Meanwhile, the UTU is being given the boot from its offices in AFL-CIO buildings due to its unaffiliated status. Most recently, the union’s Michigan Legislative Board was evicted from the Michigan AFL-CIO building in Lansing at the behest of the Teamsters and BLE&T.
11:42:05 AM
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| Press Release |
Source: International Brotherhood of Teamsters |
TTD Resolution Calls for an End to Locomotive Remote Control
Wednesday March 10, 5:38 pm ET
CLEVELAND, March 10 /PRNewswire/ -- The Executive Committee of the AFL- CIO's Transportation Trades Department (TTD) unanimously approved a policy resolution on March 7 that calls for an end to remote control train operations.
"It should now be clear, if there was any doubt, that remote control locomotives are dangerous and must be regulated or eliminated," the TTD resolution states. The resolution is highly critical of the Federal Railroad Administration for its "foot dragging" and failure to develop enforceable safety regulations. So far, the FRA has only issued "recommended minimum guidelines."
"Rail safety standards will not fall victim to corporate short cuts," said James P. Hoffa, Teamsters General President. "We will continue to fight on behalf of safe locomotive operations for all workers."
According to the TTD resolution, "The problem is that these guidelines, as the name suggests, do not actually require carriers to adopt all the necessary safety procedures and in general do not go far enough to ensure that this technology is implemented and utilized safely."
Don Hahs, National President of the Brotherhood of Locomotive Engineers and Trainmen (BLET), an affiliate of the Teamsters Rail Conference, applauded the resolution.
"The safety of all railroad workers should be Priority One. But that priority is difficult to achieve with 'minimum guidelines,'" President Hahs said. "I applaud the TTD for its actions. It's time someone stood up for these workers instead of meekly giving in to every carrier demand."
According to the TTD, the FRA refused to act on the issue until prompted by Congressional action. Senate Commerce Committee Chairman John McCain and Ranking Democrat Ernest Hollings have asked the FRA to conduct a thorough safety audit of remote control locomotives.
"The direct interest and involvement of the Senate Commerce Committee has already forced the FRA to take another look at RCLs and we hope that this time the agency will address the problems that transportation labor -- led by the BLET and the Teamsters -- has long identified," the resolution states.
The TTD, BLET and Teamsters, however, are already skeptical of the audit. The FRA's reliance on self-reporting of accidents by railroad companies could yield questionable results.
"It is well known that self reporting of accident/incident data by railroads has been problematic," the TTD resolution states.
For example, self-reporting gives railroad companies too much leeway in determining what accidents are reported, and the ambiguity of current reporting guidelines will not permit conclusive findings. In addition, under current reporting guidelines, specific accident and incident reports can be modified by the railroads even after the safety audit is conducted by FRA and the initial report is given to Congress.
TTD represents 35 member unions in the aviation, rail, transit, trucking, highway, longshore, maritime and related industries. A copy of the resolution is available at: http://www.ble.org/pr/pdf/remotecontrol.pdf.
Founded in August 1903, the International Brotherhood of Teamsters is celebrating 100 years as a representative and advocate for working families.
Source: International Brotherhood of Teamsters
10:08:00 AM
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Cdn Natl Rail Says Formal Talks With CAW Union Break Off
DOW JONES NEWSWIRES
TORONTO -- Negotiations between Canadian National Railway Co. (CNI) and
its striking workers have broken off after a weekend of talks. "They
couldn't come to terms on an agreement," said Canadian National
spokesman Mark Hallman. No new formal negotiations between the company
and the Canadian Auto Workers have been scheduled, although Hallman said
informal talks would continue.
Canadian National has withdrawn the three-pronged offer made last week
to resolve the labor dispute, but the terms of the original tentative
agreement reached Jan. 23 remain on the table, he said.
The strike by 5,000 CAW members began Feb. 20 after the employees
rejected the tentative deal, which proposed annual 3% wage increases
over three years.
Canadian National later put forward three options: one that contained
similar wage increases plus a signing bonus and incentive plan; another
that included a 4% increase in the fourth year; and another that
involves
submitting offers to non-binding arbitration.
CAW officials weren't immediately available for comment. Hallman said
railroad operations remain "near normal" although the intermodal
terminals are experiencing a drop in traffic. The CAW represents
clerical, shopcraft and intermodal employees at Canadian National.
Web Sites: http://www.cn.ca and http://www.caw.ca -Monica Gutschi, Dow
Jones Newswires; 416-306-2017; monica.gutschi@dowjones.com
In a bulletin posted on its Web site, the Canadian Auto Workers said it
hoped to return to the bargaining table with Canadian National Railway
Co. (CNI) to reach a "successful conclusion."
Substantial progress had been made in the talks until the company
pulled all offers off the table, the union said. Only about C$10 million
separated the two sides when negotiations ended, the CAW said. However,
it noted that would be on a "one-time" basis and
not through ongoing benefit or wage enhancements.
According to the union, it sought wage improvements beyond the 3%
annual increase, the signing bonus, and a bonus system based on the
railroad's operating ratio. Canadian National has the lowest operating
ratio of all North American Class 1 railroads. The operating ratio is a
key measure of a railroad's efficiency.
The union also said the negotiators had made some progress on issues
such as the use of weekend workers, employment security and discipline.
"Clearly there is room here to bridge the gap - except that CN has
withdrawn all offers and gone back to square one," the union bulletin
noted.
"CN must return to the table and take up where the discussions left
off," the bulletin said. "Both sides have made important compromises to
get to where we were last night."
Web Sites: http://www.cn.ca and http://www.caw.ca
-Monica Gutschi, Dow Jones Newswires; 416-306-2017;
monica.gutschi@dowjones.com
Updated March 8, 2004 2:00 p.m.
1:45:31 AM
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