STRAIGHT TRACK

Tuesday, March 30, 2004

Freight-Car Congestion Is Worrying Union Pacific March 31, 2004 Freight-Car Congestion Is Worrying Union Pacific By DON PHILLIPS Freight congestion has spread across the Union Pacific railroad system, especially in Southern California and the Southwest, raising concerns about delays in agricultural shipments and international trade if a solution is not found before the rail freight rush begins in late summer and fall. In Southern California, some railroad people are calling the situation a small-scale meltdown - similar to, though not yet as bad, as the one that spread from Houston across the Union Pacific system in 1996. Dozens of trains daily are parked on sidings because they cannot get into or out of the Los Angeles Basin. So far, the slowdown has not affected international trade through the ports of Los Angeles and Long Beach, according to railroad officials and analysts, but the analysts are keeping a wary eye on the situation. Asian traffic has taken an unexpected upturn in the last few months, with a spike in shipping containers from Asia and a new flow of export grain to China. "At current delay levels, it's not having an effect on trade," said James J. Valentine, railroad analyst for Morgan Stanley. "But keep in mind this is a slow time of year,'' he said, adding that if Union Pacific "doesn't get its problems straightened out before the rush, then it will have an effect on freight flow." The severity of the problem can be traced partly to Union Pacific's effort to provide premium service to one of the largest American carriers by rail, United Parcel Service. U.P.S. has begun a new coast-to-coast premium service that requires high-speed train shipment to Dallas, Atlanta and New York. The New York train dispatched from Los Angeles on Tuesday is particularly time-sensitive because it is scheduled to arrive in time for package delivery on Friday rather than the following Monday. To keep the train on time on the busy, largely single-track segment between Los Angeles and El Paso, called the Sunset Route, railroad dispatchers clear other trains onto sidings far ahead of the U.P.S. train, sometimes hours ahead. At times, trains are stalled because their crews have reached the maximum tour of duty under federal law of 12 hours, and no rested crews are available. It can take a week to sort out such situations. "The hot trains are a challenge, particularly on the Sunset," said Robert W. Turner, Union Pacific's senior vice president for corporate relations. Executives at other railroad companies said Union Pacific and U.P.S. were discussing possible solutions, but neither company would comment. Union Pacific and Burlington Northern Santa Fe, the country's two largest railroad companies, handle all the long-distance rail freight traffic to and from the Western states. Burlington officials said their line, which shares port traffic with Union Pacific, continues to operate largely on time but has been forced to make changes including the operation of more heavily loaded container trains on its main line from Los Angeles to Chicago. Almost all Asia trade now moves by rail to and from the Midwest, Southwest and East, and there would not be enough trucks and drivers to handle even a small part of it. Citing the seasonal rush of Asia commerce as retailers gear up for the Christmas season, Mr. Turner said 965 new train crew members are graduating this quarter from the railroad's training center, 1,400 are beginning training and a further 1,600 are scheduled for training in the third quarter. "We're pretty sure our crew base will be adequate by the fall rush," Mr. Turner said. Last week, Morgan Stanley downgraded its rating of Union Pacific stock to underweight from equal weight, partly because of the operations problems. Its latest freight-customer survey ranked Union Pacific near the bottom in service among seven major North American railroads, exhibiting "the sharpest drop of any railroad" since a survey last June. Only CSX, one of the two big Eastern railroads, ranked lower. "The low scores, significant negative feedback from customers, and no signs of improvement in the weekly operating metrics were key catalysts" for the downgrade, Morgan Stanley said. This operating data, reported by rail companies to the Association of American Railroads, gives evidence of Union Pacific's problems. Freight cars on line, which can be used as a measure of congestion, were at a high of 325,634 in the week ended March 19. The average time for a freight car in yards has also spiked upward. At West Colton, the major yard for Southern California, the average time was up to 49.0 hours in the latest week from 30.8 hours in the first quarter of 2003. Average train speed, which was 24.8 m.p.h. in the first quarter of 2003 and 22.1 m.p.h. in February, was down to 21.5 m.p.h. in the week ended March 19. This is more important than the slight differences might indicate. Mr. Turner said Union Pacific estimated that each decrease of one mile an hour required 250 extra locomotives, 5,000 extra freight cars and 180 extra employees to make up for the decrease in efficiency. Although the reasons for the Union Pacific's problems can be traced in part to surprising growth in rail traffic, a bigger reason is a serious miscalculation of how many engineers and conductors would stop working when a relaxation of rules of the Railroad Retirement Board took effect early last year. "We admit we got caught short of people," Mr. Turner said. "We're not contesting that. What we're doing is fixing it." He said Union Pacific had tried to predict the number of retirements - convening focus groups, taking surveys and even hiring the Gallup Organization to poll employees. At first, he said, the predictions seemed to be correct. "Then, when June rolled around and everyone was vested for vacation in 2003, the attrition rate took off," Mr. Turner said. The shortages led to overworked crews and poor labor relations that further worsened the problem, according to union officials. James M. Brunkenhoefer, national legislative director of the United Transportation Union, said Union Pacific had been "operating on the very edge" for two years, ignoring union warnings of coming shortages. When the traffic increase began last fall, the railroad pushed its employees to work harder and punished those who tried to take time off, he said. "The railroad took a punitive attitude toward people who had already worked to exhaustion," Mr. Brunkenhoefer said. "You're threatening people to go to work who have already worked too much." Mr. Turner replied, "If people are not working or following the labor agreements, we'll deal with them."                             Copyright 2004 11:44:11 PM    feedback []  trackback []   Google It!

Asbestos bill bad news for rail workers Take the Message to Work:  Download This Flyer Today   Tell it to Washington:   Protect Rail Worker Rights   Don’t Be Deceived  For Railroad Workers, There Is Nothing “Fair” About The “Fairness In Asbestos Injury Resolution Act”   n n n n n RAILROAD COMPANIES WANT CONGRESS TO TAKE AWAY YOUR RIGHTS TO SUE FOR ASBESTOS INJURIES IF the big railroads get their way, Congress will pass S. 1125 – the so-called “Fairness in Asbestos Injury Resolution Act” – that will do away with some of your injury compensation rights under a federal law known as FELA. FELA is the only way you can be fairly compensated for a work-related injury or disease.  But the railroads want to make it even easier for them to run away from their responsibilities.  All because they want to make more money on the backs of their workers, many of whom have suffered greatly from asbestos exposure. DON’T believe their lies – there is no asbestos lawsuit crisis in the railroad industry.  No railroad has ever gone under because of it.  Their large profits are in no danger, even though railroad workers are. RAILROADS already get a substantial legal break under FELA by not having to pay “punitive damage” awards that other companies might have to pay.  Railroads don’t need another sweetheart deal at your expense. IF S.1125 PASSES, ALL WORKERS LOSE! Contact your U.S. Senators today. Tell them S. 1125 is UNFAIR TO WORKERS and ask them TO VOTE AGAINST S. 1125 !! Click here to Contact Your Senators Or Call The U.S. Senate Switchboard At 877/331-2000 12:31:52 PM    feedback []  trackback []   Google It!

Saturday, March 27, 2004

Lawyers, leaders capitalize on railroad workers' injuries Lawyers, leaders capitalize on railroad workers' injuries 03/26/04 Alison Grant Plain Dealer Reporter The racketeering conspiracy at Lakewood-based United Transportation Union has cracked open a window to years of deal-making between lawyers and union leaders over claims brought by injured railroad employees. Four UTU officials have pleaded guilty in a scheme to collect thousands of dollars from outside lawyers and help cement their power in the nation's largest railroad operating union. In return for paying as much as $30,000 each, the lawyers were put on a list of "designated legal counsels" who handled personal-injury lawsuits for rail workers. It was a coveted appointment: The 1908 federal law governing liability in such cases permits unlimited damages for rail workers because their jobs are so hazardous and their injuries often so severe: amputations and crushings. Most injured workers in the United States are covered by workers' compensation, a no-fault system from the New Deal era that assures benefits to employees for work-related injuries. Employers are responsible for the insurance cost. In contrast, the Federal Employers' Liability Act the rail industry's version of workers' comp is fault-based: Employees must prove the employer is liable at least in part for the injury. Once that bar is cleared, though, FELA has no set menu of damage awards, as workers' comp does, nor does it have a cap on settlements. Because the law does provide for debate over liability, rail unions found they fared better with a known pool of lawyers, skilled in rail litigation, who could counter sophisticated legal teams from railroads bent on reining in injury settlements. The UTU's designated legal counsel system developed into a petri dish for abuse, prosecutors say, with lawyers giving money to union leaders to gain access to lucrative injury cases. UTU officers admitted in court the cash went toward their election campaigns and for personal use. The cozy deal at UTU had been whispered about for years but never proved. Now, Edward Gallagher, the assistant U.S. attorney in Texas who handled the case, said the case may be only the opening salvo of an investigation. There are 13 rail unions, and many of the same lawyers who were designated counsels for the UTU had similar status with other unions. How it began A story published Aug. 6, 1998, in the dusty west Texas town of El Paso was the thread that started the attorney-union scam unraveling. Victor Bieganowski, a local lawyer, had been accused of insurance bilking, the El Paso Times reported. But it wasn't the fraud charge that piqued Roger Griffeth's curiosity when a phone call to UTU's headquarters alerted him to the story. Instead, it was Bieganowski's status as a UTU-designated counsel. He had almost no experience in rail cases, the tipster told Griffeth. Griffeth at the time was UTU general secretary-treasurer - akin to the chief financial officer of a corporation - and running a losing race to replace Charles Little as union president. Cleaning up the designated-counsel system was central to his platform. Griffeth had heard plenty of gossip during three decades as a railman about attorneys and union officers milking injury cases. As secretary-treasurer, he became aware that designated counsels were writing checks to the union for no apparent reason. Griffeth came to believe attorneys were financing his rival, but he never saw records that pinned down his theory, he told The Plain Dealer recently. He notified the Department of Labor's inspector general's office in Cleveland about his hunch that Bieganowski had paid Little to become a designated counsel. The Department of Labor transferred the case to a Southern district and called in the FBI. It crossed the desk of a persistent agent, Cindy Rosenthal. "She bit into it like a dog," Griffeth said, "and never let go." Rosenthal referred questions about the case to Gallagher, the federal attorney, and Gallagher declined to comment on Griffeth's account. But he said that the former union officer, now retired in Atlanta, "is one of those people pushing reform, and he's been a welcome force." Charges and changes The government investigation stretched more than four years as dozens of attorneys worked out deals and testified in Houston. In September last year, a grand jury indicted Byron Boyd, international president of the UTU until the executive board suspended him this month; the man Boyd had replaced in 2001, Charles Little; and two other union officials. The four pleaded guilty to labor racketeering conspiracy and agreed to cooperate in a continuing investigation. They face up to 20 years in prison and a $250,000 fine at their sentencing June 10. Paul Thompson, the UTU's new international president, told a meeting of designated counsels last week that "I would be less than candid if I did not tell you that these charges and guilty pleas are devastating to this organization and have placed a black mark on this union and on the DLC program." Thompson had been assistant president and moved up automatically when Boyd was removed. The union has announced a new code of ethics that prohibits lawyers from trying to influence union politics and bars union members from soliciting gifts or money from lawyers. To head a new ethics board, UTU's board appointed Joshua Javits, the son of former U.S. Sen. Jacob Javits and a past chairman of the National Mediation Board, a dispute resolution agency for railroads and rail unions. The UTU's public mea culpa has not quieted questions about the role of lawyers in the transactions. Thirty-seven lawyers were granted court-ordered immunity to testify about UTU deals. They gave information on 159 incidents of money changing hands. The lawyers, identified by numbers in the indictments, made up most of the designated counsels working for the UTU between 1995 and 2003. None faces prosecution for payoffs to get access to injured workers, although Gallagher said he would pursue anyone he suspects lied to the grand jury. "Our focus all along was on the union officers who were abusing their offices," Gallagher said. "The attorneys were witnesses in our case." The union has not dismissed any designated counsels, although a few have resigned, UTU spokesman Frank Wilner said. Joseph Weninger, whose Sacramento law firm has designated counsels at 12 rail unions, said he believes the prosecution was politically motivated. "This is done to paint the unions as corrupt and greedy. They're just an easy target for the Bush administration," he said. But Weninger said his firm has firsthand knowledge that there was corruption. A union official solicited two partners for money, Weninger said, and they refused. Image takes a hit The scandal in Texas is tainting what have long been regarded as some of the most corruption-free, by-the-book unions in the country. Until this month, no sitting rail union president had ever been removed. The Department of Labor has issued few administrative sanctions against rail unions. Court entanglements have been rarer still. John McCown, former public relations officer for the Cleveland-based Brotherhood of Locomotive Engineers, fears the Texas trials have injured other rail unions' prestige and power, too. "If there was trouble that would come in the door," McCown said, "it would be these damn attorneys." The straight-arrow image came in part from the absence of organized crime that at times has invaded other unions. But Griffeth says a moblike system sprouted at the UTU. "It's like a mafia," he said. "The attorneys . . . control our union, period. You don't get elected president unless you've got a large amount of attorneys financing your campaign." Griffeth says union leaders were Masons and kept a lid on the deals by perverting that fraternal organization's creed of secrecy, urging confidantes to "Keep it on the square" - a Masonic vow of silence. Griffeth once belonged to the Masons but dropped out when he saw their grip on the union, he said. Wilner had no comment on Griffeth's description of former UTU leaders. He said the union's focus is on righting the damage done by a few officers. In the wake of the UTU case, rail unions are bracing for renewed attempts to modify or throw out the FELA law that covers injured workers. But they insist the law is good today for the same reason it was good at the turn of the century - giving employers a strong incentive to make railroads a safe place to work. To reach this Plain Dealer reporter: agrant@plaind.com, 216-999-4758 9:11:53 AM    feedback []  trackback []   Google It!

Thursday, March 25, 2004

"Replacement Workers" must be banned! Saturday, March 20, 2004 "Replacement Workers" must be banned!  CN's use of "replacement workers" was unprecedented and disturbing. The struggle for stronger legislation must continue, so as to defend the integrity of our legal right to strike in the future. Besides the lobbying which the CAW and others will continue to do, individual worker involvement is crucial -- politicians listen to voters (sometimes). If you want to send a letter to Minister of Labour Claudette Bradshaw, with a copy to your local M.P., and your creative juices aren't flowing, here are some words you might want to use: "During the recent strike of 5000 CAW workers, CN used replacement workers, both Canadian and American, for the first time in modern railway history. "Studies show that strikes and lockouts last longer, are more bitter and violent, and take longer to heal when workers see their jobs stolen while they are taking legal job action. Public safety is jeopardized when untrained or semi-trained "replacements" are responsible for safety-sensitive job functions -- such as repairing and inspecting trains. "That's why B.C. and Quebec have banned the use of replacement workers during legal strikes and lockouts. It is urgent that the federal government do likewise." http://www.cnstrike.com/ # posted by Admin @ 2:49 PM 5:42:55 PM    feedback []  trackback []   Google It!

Wednesday, March 24, 2004

UTU MAC Reform Caucus grows like a weed   UTU has a few friends left by Anonymous ADVICE TO CLEVELAND MAC is still growing like some kind of uncontrollable weed that Cleveland doesn't know how to kill without coming off looking even more evil than they are. Information about MAC and the corruption within UTU is appearing on workplace walls and people are actually reading it. Is all this potentially subversive activity getting reported back to Cleveland or are they operating in the dark. As the MAC takes shape it starts to look more like a network of terrorist cells and not a corporate pyramid with a titular head at the top like the UTU. Yet Cleveland is still attacking Roger. No doubt he is a master organizer and has given UTU members the hope and direction to move ahead with reform. But at what point does MAC take on a life of its own? The Team better be worried about that, not about discrediting Roger whose stock is still outperforming Byron's and even Paulie's. ON TEAM CREDIBILITY What would you do if you had invested some of your hard earned money in a Mutual Fund only to discover that some of the fund's managers were maximizing their profits at your expense? Would you take a wait and see attitude and hope that the Company employing the criminals would root them out? If a few criminals were identified and removed would you feel relieved and let your bets ride confident that the remaining managers were honest? Would you suspect that there could be more bad apples not yet identified and pull your money out of that company's hands alogether? Would you be really cynical and accuse the company of having a screwed up corporate culture and pull your money out? Would you call for investigations and oversight of the industry in order to keep others from being victimized? Would you call for a strengthening of regulation of such business and business in general in order to protect the public? There are any number of responses to such an experience. Some UTU members are being accused of jumping ship in part because they are disgusted by corruption in the UTU. Is it unreasonable for them to think that not all the bad apples have been removed? The Feds don't seem to think so with their talk of other unindicted known and unknown conspirators in the RICO Enterprise. We will see if they are correct in the near future. Contrary to some posts here, the Team was not doing anything to identify and expel the guilty without being pressured by the members. Paul Thompson himself was defending Boyd in word and action until the guilty plea. Now the members are supposed to rally around Thompson, trust the Team to clean house itself and go back to sleep. UTU'S REAL FRIENDS UTU members thinking only of themselves would be wise to abandon ship and stop financing a potentially useless and corrupt organization. Where to go is a difficult question to answer. We all have the right to be wrong. The more difficult choice is to hang in there and attempt to do the right thing by exerting the force of your membership in order to bring about the house cleaning and reform that are the only things that will save UTU. The International President and his Team cannot save UTU. The government and carrier allies that the Team thought it had seem to have turned against them. Even the loyal UTU members in their disorganized support cannot save her. Only a membership organized and committed to reform can do the job now. The only friends UTU has left are those who have joined and those who are inclined to join a movement like MAC. Oh, and Roger is their current ringleader. Looks like he's a good friend to UTU too. MAC - www.reformit2004.org Posted on Mar 24, 2004, 9:50 AM 10:59:23 AM    feedback []  trackback []   Google It!

10:43:51 AM    feedback []  trackback []   Google It!

Legislation Proposed to Upgrade RCO Requirements

Legislation could target UTU jobs

WASHINGTON, D.C. -- A legislative provision to shift remote control jobs from ground service employees to locomotive engineers -- and cause those ground-service employees to become unemployed -- is expected to be introduced in Congress Wednesday, March 24, at the request of the BLE. The legislation, in the form of an amendment, is expected to be offered before the House Transportation and Infrastructure Committee. The amendment is to H.R. 3550, a highway construction bill. The amendment is expected to be offered by Rep. Mike Capuano (D-Mass.) "This carefully crafted amendment would require "operators of remotely controlled locomotives to receive the same type and level of training and oversight as operators of locomotives not operated remotely," said UTU National Legislative Director James Brunkenhoefer. "This means all remote control operators would be locomotive engineers," Brunkenhoefer said. "Previous efforts by the BLE to encourage resolutions at local government levels to ban remote control operations had no more effect than shooting blanks, because only the Federal Railroad Administration has authority to regulate remote control operations. But this legislation to limit remote control operations to certified locomotive engineers is a real bullet aimed at UTU members and their families," Brunkenhoefer said. UTU President Paul Thompson said, "The impact of this legislation, if it were passed by Congress, would be to put ground-service employees in the unemployment line without health-care benefits. When the UTU negotiated its remote control agreement with the carriers, a key element was to protect all members of all crafts. The history of the UTU is one of protecting all crafts and it is painful to see the other organization supporting legislation that would benefit one craft at the exclusion of the other." Brunkenhoefer said the UTU would oppose this amendment with every ounce of its strength and urged UTU members, their families and retirees to telephone Rep. Capuano and urge him, in a polite fashion, to withdraw it. Rep. Mike Capuano of Massachusetts may be reached by calling (202) 225-5111.

March 23, 2004

Tuesday, March 23, 2004

Railroad CEO Compensation CRTS Update #03-25 Sunday, March 21st, 2004 at 14:20 EST Railroad CEO Compensation Fell 8 Percent During 2003: (Except for UP's Davidson and BN's Rose) By Christopher Dinsmore Despite a decent year at Norfolk Southern Corp., the total compensation of the railroad's top executive slipped about 8 percent in 2003, according to the company's proxy statement filed with the Securities and Exchange Commission. Besides outlining executive compensation, the annual proxy statement invites shareholders to the company’s annual meeting and presents directors up for election to the railroad’s board. This year's annual meeting will be at 10 a.m. May 13 in St. Louis. David R. Goode, Norfolk Southern's chairman, president and chief executive, received a compensation package valued at nearly $10.7 million in 2003, down from $11.6 million in 2002. The package included salary, bonus, stock options, restricted stock awards, long-term incentive plan payments and a variety of other income. Goode's compensation slipped because he was awarded fewer stock options. That drop was somewhat made up for by awards of restricted stock, which Goode must hold at least three years. While Goode's compensation slipped, the compensation of top executives at two of the nation's other three top railroads rose. Richard Davidson, the chairman, president and chief executive of Union Pacific Corp., the nation's largest railroad, saw his compensation rise 15 percent to $18.7 million last year. Matthew Rose, the chairman, president and chief executive of No. 2 Burlington Northern Sante Fe Corp., saw his compensation increase 6.8 percent to nearly $5.4 million. CSX Corp. has not yet released its annual proxy statement. Norfolk Southern had a decent 2003 with earnings up 16 percent to $535 million on revenue of nearly 1:41:29 PM    feedback []  trackback []   Google It!

Saturday, March 20, 2004

CAW members vote "yes" to tentative agreements Friday, March 19, 2004 Press release: CAW members vote "yes" to tentative agreements Members of the Canadian Auto Workers’ Union have voted to accept tentative agreements reached by their union with Canadian National Railway last Monday. The vote puts an end to a four-week strike by 5,000 workers against CN Rail. The strike was launched on February 20 and affected CN operations from Vancouver to Halifax. Members of CAW Local 100 (shopcraft workers) voted 69 % in favour of the agreement, while members of CAW Council 4000 (clerical, customer service, and intermodal yard workers) voted 81% in favour. In a joint statement, Local 100 president Bryon DeBaets and Council 4000 president Rick Johnston thanked workers for supporting the union’s recommendation. “We are tremendously proud of the struggle and sacrifices made by our members and their families over the past four weeks,” they said. “Through your efforts, we have shown the management of this railway that commercial success is not enough. The workers, who are the authors of that success, must be treated with dignity and respect.” Johnston and DeBaets also warmly thanked the 400 owner-operators (intermodal truck drivers who are also CAW members) for honouring picket lines and incurring financial hardship throughout the work stoppage even though they were not yet in a legal strike position. Owner-operators are currently voting on their own contract settlement, also reached last Monday. They also thanked members of other CN unions for supporting the strike in a variety of ways. Striking workers will begin returning to work commencing with the day shift on Saturday, March 20. [To download this in Railfax format, right-click here and choose "Save Target as..."] # posted by Admin @ 12:37 AM Wednesday, March 17, 2004 No discipline for strike-related activity  Much confusion has unfortunately been created in the past two days over this issue. This afternoon, we were able to achieve the following statement from CN, in writing: "This is to confirm that there will be no discipline for strike related activities up to today." Discipline includes dismissal. Further, CN has promised to "request that contempt actions be postponed." Now that the issue of members' discipline and jobs is resolved, we are still working to eliminate court charges brought by the Crown. Watch for news on this. No matter what happens, CAW will continue to provide legal defence to anyone charged. If we do not manage to get all charges dropped and there are fines, we will pay the fines. Thank you to all who have maintained our excellent picket lines over the past four weeks. In solidarity, Abe Rosner National Representative # posted by Admin @ 9:28 PM 11:49:30 AM    feedback []  trackback []   Google It!

Remote control of trains debated Remote control of trains debated By Mark Agee Star-Telegram Staff Writer John Hart watched in bewilderment as a Union Pacific locomotive repeatedly rammed rail cars until they toppled over in front of an oncoming freight train near the Stadium Drive crossing in Arlington last week. He said it looked as if the locomotive were piloted by a crazed or angry engineer. "He kept backing up and hitting it again," said Hart, who works for American Shell Center near the tracks on Division Street. "Everybody there was under the impression that he was hitting it on purpose." The engine was, in fact, being controlled remotely, and the operator was merely out of position to see the cars that he was hitting, Union Pacific officials later said. Although no one was hurt, the March 10 train accident has brought to Arlington a national debate between unions and railroads about the safety of remote-control switch engines and how they should be regulated. How the issue is resolved will have a large impact on the area. For more than a century, Fort Worth's Tower 55 has been one of the nation's largest crossroads for freight. The Alliance Intermodal Terminal and switching yard on the Tarrant-Denton county line includes the largest switchyard operated by Burlington Northern Santa Fe in Texas. Union Pacific has two major Tarrant County switchyards. All three major facilities use remote technology. The Brotherhood of Locomotive Engineers and Trainmen says remote-control locomotives are dangerous because they take one of the human operators out of the equation. "That's one less set of eyes and judgment you have," said Terry Briggs, chairman of the union's Texas Legislative Board. Union Pacific says the locomotives are safer -- for the same reason. "You eliminate the chance of miscommunication," Omaha, Neb.-based spokesman John Bromley said. Throwing the debate into starker relief, the east Arlington switchyard that is now using remote-control locomotives is the same one where an accident in December 2002 caused a derailment that left a rail car dangling over Texas 360. That derailment shut down the freeway for hours, and falling debris caused several traffic accidents. But police said the rail car easily could have fallen and caused a deadly pileup. The 2002 accident was caused by a conventional engineer-operated switch engine, but Briggs said the remote-control engines have made switchyards more dangerous. Conventional switch-engine operations use an engineer and at least one switchman on the ground to watch in front of the rail cars as the switch engine is pushing. With a remote-control switch engine, the switchman on the ground controls the train with a small transmitter attached to his vest. The switchman is completely responsible for the operation. The union is lobbying for federal regulations that would require operators to see in front of the cars they are pushing, among other rules. Currently, the Federal Railroad Administration offers only recommendations for the use of remote-control locomotives -- not requirements. The union would like the railroad administration to turn those recommendations into rules, because railroads are not enforcing them, Briggs said. For example, the railroad administration suggests that operators not ride on rail cars while they are controlling the engine that is pushing them. "The railroads have ignored that," Briggs said. "We have guys who are hanging on the side of a boxcar, with their lantern, with their radio, and operating the engine all at the same time." About 30 U.S. cities, including Shreveport, La., have banned the use of remote-control switch engines until more safety considerations are put into place. Bromley said that Union Pacific remote-control locomotive operations currently account for 21 percent of yard-crew hours. As the use of the engines spreads, the railroad is keeping close track of safety statistics, Bromley said. "We have not had a single accident where it was the fault of the technology," Bromley said. "They were all human error, as was the accident in Arlington. They would have still happened with a human engineer." The injury rate for Union Pacific remote-control locomotives was 5.2 percent lower than conventional operations in 2003, measured in injuries per 10,000 job starts, Bromley said. Remote-control locomotives had a slightly higher total accident rate, with 0.1 percent more wrecks, Bromley said. Federal Railroad Administration spokesman Steven Kulm does not yet have numbers available but said Canadian railroads have used the remote-control locomotives for more than a decade and found them to be safer. The Canadian national railroad, which pioneered the technology in the 1990s, claimed a 50 percent drop in rail-yard accidents, according to a report sent to U.S. railroad officials in 2000. "In general, remote-control locomotives were deemed that they had a safe enough record in Canada that we allowed their use in switchyards," Kulm said. Senators John McCain, R-Ariz., and Ernest Hollings, D-S.C., leaders of the Senate Committee on Commerce, Science and Transportation, asked the Federal Railroad Administration to study the safety of remote-control locomotives. They wrote in a September letter that "little data exists to judge the safety experience of this technology in the United States." The railroad administration will release a preliminary report sometime this spring, Kulm said. Briggs said that the research should have been done sooner, before the remote technology was so widely implemented. "The railroads needed to slow down," Briggs said. "Now the employees and the public are the ones being experimented on." Staff Writer Bryon Okada and Researcher Stacy Garcia Contributed to This Report. 11:38:54 AM    feedback []  trackback []   Google It!

Friday, March 19, 2004

On BLE's lawsuit against UTU Local 650 Saturday, March 13, 2004   JW Babler General Chairman United Transportation Union GCA (former C&NW Railway Co.) 307 West Layton Street Milwaukee WI 53207   Dear Brother Babler, Concerning the issue of this local’s handling of claims submitted by non-member trainmen who have elected to maintain membership in Brotherhood of Locomotive Engineers Division 333: This local received a certified letter dated September 14, 2003 addressed to Local Chairman DJ Riehle signed by BLE Division 333 Local Chairman ML Mercier. BLE Local Chairman Mercier wrote as follows: “It was vote(sic) at the last meeting to send all B. of L.E. Division 333 Trainmen claims to you via certified mail. Please notify me in writing if there is someone other then(sic) yourself, designated to handle trainmen claims. If there are any forms your members fill out when submitting their claims please forward me a copy.   Brother D.L. Heinze was appointed Vice Local Chairmen(sic) to address our division trainmen concerns. He has been instructed to contact you on any concerns our members have regarding the trainmen schedule or vacation changes.”   I responded under date of September 16, 2003 in part as follows: “Claims for which further appeal is sought on behalf of trainmen members of Division 333 should be hand delivered to the local’s Sergeant-at-Arms at the commencement of the monthly meeting of UTU Local 650. The time and place of the meeting is 8:00PM, third Wednesday of each month at Amtrak Station, 730 Transfer Road.” The UTU Local 650’s September 2003 General Membership meeting subsequently approved my response. My letter, as of this date, has not been acknowledged or responded to by any representative of BLE Division 333, nor has any delivery of claims as instructed ever been made. Since that time I have often been on railroad property at the same time as Mr. Mercier or Mr. Heinze and no discussion of the subject has ever been initiated by either person. I have received various notices of attempted delivery of certified mail since September 14, 2003 that I believe may have emanated from Mr. Heinze since the indicated zip codes of origin are in the general area of his residence, and since I have no reason to expect any other certified mail from those zip codes. I have not picked up the mail associated with those notices and I presume they have been returned to the sender(s). Since I work an irregular schedule, including afternoon and night hours, as well as trips out of town which include an away-from-home layover, the post office is not always available to me when I return home, and the travel to the location is an inconvenience.   Those trainmen who desire to submit claims for further appeal have the option of bringing them to the regular monthly local meeting, sending them by regular mail or leaving them in designated locations at various railroad on-duty locations, primarily the yard office at South St Paul, where this local has a pigeon-hole mailbox, and at Valley Park yard office in Shakopee, Minnesota, where they can be left with one or another of the yard employees who is an officer of this local. No enrolled and dues-paying member of UTU 650 submits claims for further handling by certified mail, and such method of delivery is not an acceptable procedure, since it is burdensome and unnecessary, and to my knowledge has never been attempted.   Your office has informed me that in December 2003 BLE President Hahs authorized the organization’s General Counsel to file “an appropriate lawsuit” alleging that Local 650 and the UTU “have engaged in conduct that breaches their duty of fair representation to all members of the trainmen’s craft.” You further reported that the contemplated lawsuit was not filed after discussion between UTU General Counsel Miller and BLE General Counsel.   Neither I nor any other officer of this Local have received any verbal or written instruction or advisory from Mr. Miller or any other representative of the UTU’s International Office in Cleveland concerning the application of the doctrine of “duty of fair representation” in this matter, or of any general policy that has been formulated by the Organization on the matter.   Under these circumstances I must necessarily rely to a considerable degree by my own understanding of the issues at hand.   1.)                  It is a matter of record that this Local has handled numerous claims submitted by trainmen who belong to BLE Division 333, and that favorable settlement has been made on their behalf in many. This Local’s report on claims settled in 2003, copy of which has been provided to your office, indicates an amount of in excess of one thousand dollars for BLE trainmen.   2.)                  BLE Division 333 has asserted its right to unilaterally and without discussion determine the manner in which claims are delivered to this local, thus usurping the right of the membership to make that decision. They have in addition demanded a method of delivery that is more burdensome to the local officers who handle the claims than that required of enrolled and due-paying members of UTU Local 650, and disregarded the clear instructions of this Local.     3.)                  BLE Division 333 has in effect asserted its right to act as an agent of BLE trainmen in their relations with UTU Local 650. They apparently rely for support for this position on the legal doctrine of “duty of fair representation.” I do not believe that any court has ever placed a construction on DFR that assumed it would take place in the context of bi-lateral relations between two or more labor organizations. It has, throughout its legal history, addressed the rights of individual workers vis a vis a labor organization which held exclusive collective bargaining rights. What BLE Division 333 is asserting here is its right to dictate claims handling policy of UTU Local 650, and to demand superior rights for its members than those accorded the enrolled and dues-paying members of UTU Local 650.   4.)                  Implied in this stance of BLE Division 333 is even further usurpation of the right of UTU Local 650 to govern its affairs directed by the authority granted under the UTU Constitution. Article 44 of the United Transportation Union Constitution, effective November 1, 2002, states that:   “Every member of the United Transportation Union grants complete authority to the United Transportation Union and any of its constituted representatives to act in said member’s behalf for the purpose of disposing, in any manner, of any and all of said member’s claims, complaints, or grievances against their employer, and to submit such claims, complaints or grievances for determination to any person, board, or other tribunals provided by law or otherwise as may be deemed to be necessary.” (Emphasis added.)   The unmistakable logic of BLE’s assertion of its right to act as an agent for its trainmen members is to assert that bi-lateral jurisdiction to “dispose of claims, complaints, and grievances” brought forth by BLE trainmen members exist and is shared by the UTU and BLE. It, or ought to be, evident that an exercise of this right would logically and inevitably co-exist with a right of oversight and review of any decisions made by UTU Local 650 concerning disposition of claims, and therefore provide BLE trainmen, or BLE Division 333 as an agency, with equal standing with enrolled and dues paying members of UTU Local 650 in deciding policy and disposition of claims. The BLE’s implicit assertion of its standing to act as an agent for its trainmen members in negotiating handling of their claims with UTU Local 650 clearly oversteps the scope of duty of fair representation, which is limited to a review of hostile discrimination, and expressly excludes the consideration of the merits of exercise of bona-fide judgment, or even negligence and ineptitude. Any infringement on the exclusive right of UTU Local 650 to determine the disposition of grievances is clearly incompatible with the provisions of the UTU Constitution and, if allowed to prevail, would grant the BLE, as an agent for its trainmen members, the authority to nullify or amend decisions of the UTU regarding handling of claims, complaints and grievances.   5.)                  As is generally known, the duty of fair representation was first announced in a 1944 Supreme Court case decided under the Railway Labor Act, Steele vs Louisville & Nashville Railroad. In the Steele case, the Brotherhood of Locomotive Firemen was the exclusive bargaining agent for firemen employed by the railroad. The railroad employed both Negro and white firemen, but the constitution of the Brotherhood prevented Negroes from joining the union. The ruled that an agreement negotiated by the Brotherhood and the L&N that discriminated against Negro firemen was illegal, because the right of exclusive representation given the union under the Railway Labor Act carries with it an obligation to exercise that right without hostile discrimination. Other actions alleging a failure to provide fair representation have arisen since in other circumstances, such as hostile discrimination against an individual who WAS a member of a union, and against an individual who chose not to join the union.   6.)                  None of the above circumstances fit this situation sufficiently to provide guidance for this Local as to its duty of fair representation in relation to trainmen who elect to maintain membership in the Brotherhood of Locomotive Engineers. UTU Local 650 solicits the membership of ALL employees, without discrimination or distinction, in the trainmen’s craft and class of service. BLE Division 333 solicits trainmen membership on the basis that such membership allows trainmen to meet their fundamental obligation to maintain union membership as a condition of employment, while paying lower dues than members of UTU Local 650 and BLE Division 333 further assures these prospective members that UTU Local 650 will handle all their claims and assume the entire expense of the processing. In fact, BLE Division 333 Local Chairman Mercier has even been heard engaging in locker room boasting that UTU members’ dues will be rising even higher as a result of the BLE’s impending lawsuit. None of this, to my mind, indicates any sincere interest in the specific interests of the trainmen members of BLE Division 333, simply an aggrandizing interest in diminishing the membership of UTU Local 650 in favor of Division 333.   7.)                  In circumstances that I am familiar with where a union has exclusive bargaining rights, but there is no provision of the collective bargaining agreement requiring union membership, such as among public employees in the State of Minnesota, there is a reciprocal obligation imposed to pay so-called “fair-share” dues, less than the dues paid by enrolled union members, but sufficient to support the administration of the contract by the union.     8.)                  In the absence of such “fair share” obligations on the part of trainmen who elect to join BLE Division 333 rather than UTU Local 650, the entire burden of financing the administration of the contract falls exclusively upon the members of UTU Local 650. This can have no other meaning than that the trainmen members of BLE Division 333 are freeloading on the backs, and pocketbooks, of their fellow workers, asserting through their agent, BLE Division 333, that they are entitled under the doctrine of duty of fair representation to have all of the privileges and none of the obligations of membership.   9.)                  It is a matter of record that claims handling on the part of UTU Local 650 is continuous and voluminous, to the extent that the officer of this local who processes the local penalty claims for which monetary remedy is sought handles hundreds of them each year. In order to support this effort, UTU Local 650 pays this local officer an average of four (4) lost time days each month. Even granting this individual this amount of paid time off each month, it is virtually impossible to handle the entire volume of claims, and review of our finances shows no room for enlargement of this lost time payment.     10.)               For BLE Division 333 to cynically and with gross opportunism solicit the membership of trainmen on the basis of lower monthly dues and promise them that the financial burden of handling their claim will fall entirely on UTU Local 650 is an indefensible affront to any elementary concept of fairness and equity, not to say trade-unionism. The prevailing circumstances do not seem to me consistent with considerations that have entered into prior adjudication of DFR litigation. It is BLE Division 333’s demands and assertions on us, rather than UTU Local 650’s conduct of its affairs, which meet the Supreme Court’s definition of conduct constituting failure of duty of fair representation—that is: “so far outside a wide range of reasonableness as to be irrational.” It is obvious that what is fundamentally in evidence here is not a failure of UTU Local 650 to meet is DFR obligation under the law but the failure of non-member trainmen to pay their “fair share” of the cost of administering their claims. Any just resolution of this matter should provide reciprocal obligations which in my opinion could only be met by requiring BLE trainmen to pay the same assessment as that given by UTU Local 650 members to cover the operation of the Local Committee of Adjustment, the subordinate body of the Local which handles penalty time claims. Without such reciprocity, BLE’s claims of failure of duty of fair representation are transparently dishonest, self serving and hypocritical.   Trusting this account is helpful to you, I remain,  Sincerely and fraternally yours, DJ Riehle Local Chairman, UTU (650A) =============================================  United Transportation Union Local 650 1063 Albemarle Street St Paul MN 55117   JW Babler, General Chairman United Transportation Union GCA (former C&NW Lines) 307 W Layton Ave Milwaukee WI 53207 Thursday, March 18, 2004 RE: BLE Civil Action Dear Brother Babler,                 I am in receipt of Civil Action No. 04-1161 DWF/AJB filed by the BLE in US District Court, Minnesota and inquiry from Mr. Kevin Brodar requesting review.                 You should have my letter to you dated March 13, 2004 addressing this matter, which I trust you will provide copy of to Mr. Brodar.                 I have reviewed the BLE complaint and note the following:   1.)                  Plaintiff EJ Bauer(sic), actually ES Bauer, is a former member of the BLE and presently a member of UTU Local 650. 2.)                  Plaintiff CJ Benjamin(sic) is actually CS Benjamin. 3.)                  Plaintiffs Bauer, Benjamin, Schwendeman and Pietsch received payments from Union Pacific in year 2003 for claims handled on their behalf by UTU Local 650 in the respective amounts of $1313.85, $250.00, $1609.95 and $91.60. (Reference: Annual Claims Report issued by UTU Local 650 Vice Local Chairman DW Halverson.) 4.)                  The complaint states that (17.)...“during August and September 2003, the ...plaintiffs...filed claims with UP. And further (18.)...”UP later denied the claims...” and (19.) (BLE Local Chairman Mercier)...” On October 21, 2003, by certified mail, sent (the claims) to UTU Local 650 local chairman David J Riehle for handling of each claim.” I have Certified Mail Notice Attempt of Delivery form dated “10-22” for Article No. 70033 1010 0001 8707 0959” which may be the article referred to. The notice states that the article could be picked up at Rice Street Post Office, 40 Arlington Street, St Paul MN 55117. It is not correct that I “refused” this item. I did not pick up this item. 5.)                  UTU Local 650 does not have a collective bargaining agreement with BLE Division 333, and BLE Division 333 has not established bilateral relations with UTU Local 650 governing BLE trainmen. UTU Local 650 does not recognize any authority possessed by BLE Division 333 to negotiate on behalf of UTU Local 650 concerning handling of trainmen claims submitted for further handling by BLE trainmen. 6.)                  Concerning Assertion No. 14: BLE Division 333 Local Chairman Mercier sent a certified letter dated September 14, 2003 to Local Chairman Riehle This letter is not attached to the complaint although my reply is. In the letter he states that “It was vote(sic) at the last meeting to send all BL of E Division 333 Trainmen claims to you via certified mail.” UTU Local 650 recognizes no right possessed by the membership of BLE Division 333 to determine the form in which claims are delivered to this Local. While we deny that BLE Division 333 possesses any right to bilateral negotiations with UTU Local 650 on behalf of BLE trainmen members, I did respond in letter dated September 16, 2003 and informed them of an acceptable method for BLE Division 333 to deliver claims initiated by BLE trainmen members and collected by Division 333 to this Local. 7.)                  The acceptable method of delivery of claims to this Local for further appeal has been and continues to be by regular US mail or deposit in various designated locations at Union Pacific yard offices. By its letter of September 14, 2003, BLE Division 333 elected to disregard this established procedure and assert its authority to dictate to Local 650 how claims emanating from BLE trainmen members would be delivered and received. 8.)                  BLE Division 333 by its complaint is asserting that BLE trainmen have a different and superior right to delivery of claims to UTU Local 650 than that possessed by members of Local 650, and one that is not accorded to members of Local 650. 9.)                  This Local has no record of any member of  Local 650 complaining that the customary method of delivery of claims is inadequate. 10.)               Neither BLE Division 333, Local Chairman Mercier nor “BLE Vice Local Chairman in Charge of Trainmen Claims DL Heinze” has ever responded, either verbally or in writing to my September 16 letter. It is plain to me that BLE Division 333 has utilized their demand that this local accept certified mail delivery of BLE trainmen claims as a provocation to support their frivolous lawsuit. Sincerely, DJ Riehle Cc: Kevin Brodar =================================== Brothers: Brother Eric Bauer has informed me that he never authorized the BLE, either verbally or in writing, to use his name as a plaintiff in this lawsuit, and further, that the BLE never informed him that his name would be used. Fraternally, DJR   1:05:17 PM    feedback []  trackback []   Google It!

Thursday, March 18, 2004

Gamst on the the Complexities of Car Handling Prof. Frederick C. Gamst, working rail and expert on the anthropology of work (speciality in railroad operations), describes the complexities of car handling. Print this and carry it on your person. When they tell you that a chimp could do your work or when they tell you that experience is irrelevant and that a 30 or 60 day RCO wonder can operate safely, throw this in their face:   In North America, railroad switching occurs within the confines of a central or satellite yard of a terminal, from a main track both within and outside of main-track yard limits, and in settings of industrial yards and spurs apart from a terminal's central yard.  Both road freight-train crews and yard switch-engine crews do switching (marshalling).  Crews conduct switching every day of the year, around the clock.  Thus, switching is in fair weather, subfreezing cold, torrid heat, intense wind, rain, snow, fog, and blowing dust, including in pitch-black settings.  All tracks are "live," i.e., can have rolling equipment move in any direction at any time by one's own or another engine and, accordingly, a track must not be fouled by one's body.  "Kicked" free rolling cars are usually quiet in their approach and thus railroaders sometimes call them "silent death."  A single car's weight can range from about 23 tons empty to over 130 tons loaded and may move in "cuts" (drafts) of several to many thousand tons and in lengths of up to a mile, or more.  Footing can be insecure, on rough crushed rock ballast and with depressions in the ground and debris strewn between tracks.   Many variably sequentially interacting and simultaneous tasks compromise a crewmember's situational awareness while on the ground switching.  The tasks include reading and comprehending a switch list (of cars to be moved to a particular location); giving and receiving manual signals by hand, lantern, and fusee (flare); giving and receiving voice-radio signals; monitoring voice-radio traffic to help maintain situational awareness; hanging on to the side of rolling equipment; climbing on and dismounting from such equipment; applying and releasing car hand brakes; aligning track switches; kicking cars; dropping cars; riding cars to a coupling; reading car identifying letters and numbers; judging the speed and closing distance of cars to be coupled to other cars, often while riding on the side of the lead car of a movement; observing close clearances and obstacles such as switch stands and rails; safeguarding pedestrians and automotive vehicles in the vicinity; knowing the location of other crewmembers and other impacted railroaders; thinking about particular chess-like moves in the efficient switching of cars; thinking about an overall schedule for the day's work to be done, often with reference to movements of other engines and trains and always with reference to the complex code of railroad operating rules; at rare times, being the person on the scene who has to attend to an injured or killed human, employee or other; and walking in the dynamic switching environment.   ---Frederick C. Gamst is Professor Emeritus. He has a long-term involvement in and contributions to industrial and organizational ethnology within the broader field of the anthropology of work. His specializations comprise the social and industrial relations and social organizations of railroad work. He has 42 years firsthand experience with the railroad industry, as an operating employee, trade union officer, university researcher, and professional consultant--in North America, Australasia, China, Europe, and Africa. From the Society of the Anthropology of Work of the American Anthropological Association, he received its 1995 Conrad Arensberg Award for his development of the anthropology of work, industry, and organizations. Gamst's activities in the Horn of Africa (Ethiopia, Somalia, Eritrea, and Djibouti) include over three decades of extensive basic research, applied work, professional service including election and campaigning monitoring (in war-torn Oromia, of the 23 million Oromo), publications, and technical reports. In the Horn, he has studied interplay of the social organization, economy, and cultural patterns of agrarian peoples and their problems of development--among the Amhara, Falasha/Beta Esrael, and Qemant. And he has studied the adaptations to change of one of Africa's few foraging peoples, the Wayto hippopotamus hunters of Tana. Gamst has published over 100 articles, chapters, proceedings, and shorter works; produced more than 100 consulting reports and technical papers on the railroad industry and related matters; prepared numerous reviews; and has written or edited 12 books, monographs, and documentaries. His biographical information is found in Who's Who in the East, Who's Who in America, and Who's Who in the World, and Harvard Business School's Profiles in Business and Management: An International Directory of Scholars and Their Research. Gamst has just retired from the Anthropology Department to a ranch in Cheyenne, Wyoming. He may be reached by e-mail at mailto:fcgamst@aol.com. 4:11:25 PM    feedback []  trackback []   Google It!

Railworkers Strike Chokes Freight Traffic in Canada Railworkers Strike Chokes Freight Traffic in Canada by Chris Kutalik A recent large-scale strike at Canada's biggest railroad gives evidence that work stoppages at critical choke points in the economy can increase leverage in workplace struggles. More than 5,000 mechanics, inter-modal yard workers, and clerks from Canadian Auto Workers Local 100 began walking pickets after their contract with Canadian National Railway (CN) expired on February 20. The strike hit freight traffic hard in Canada, especially at the railroad's nine inter-modal terminals, critically important centers in transportation networks where cargo containers are moved between trains and trucks. By early March, 47 percent of CN's inter-modal freight traffic had been shut off. This damage to the company has occurred even though the union was forced to carefully limit the strike-while still trying to maximize leverage-in order to avoid government intervention. Railroad strikes in Canada are frequently met by quickly passed legislation that brings strike activity to a halt. As a consequence, CAW leaders made it a point to choose targets selectively, according to Abe Rosner, a former Canadian Pacific worker serving as CAW's field rep for the strike. The union, for instance, did not encourage members of other unions at the railroad to walk out, but it did ask them not to do work done by CAW members. Similarly, the union chose on a short-term basis to have members of other CAW locals in industries served by CN treat cargo as "hot goods" (cargo not to be handled). DRIVEN BY THE RANKS According to Rosner, morale on the picket line was strong up to press time. Rosner noted also that the pickets had taken on a "nationalist character" with the frequent appearance of Canadian flags on the line-a reaction to both CN's use of U.S. scabs and its current Tennessee-born CEO E. Hunter Harrison. In Winnipeg, strikers picketed the homes of 23 scab workers in the area. According to the union, seven other workers were brought into Winnipeg-area work sites from the United States. In some cities, rank-and-file members tried to surpass the limits of the strike. Riot police were called out March 5 to clear a picket line at the Montreal terminal after 50 workers blocked incoming truck traffic. The blockade shut down traffic on a main Montreal highway for three to four hours. Close to a 100 picketers blocked March 8 dozens of trucks from entering a terminal in Winnipeg for three hours. "This is not the [leadership of the] union's strike, it's the workers' strike," states Rosner. "We brought a tentative agreement to the membership weeks before the strike and they voted it down. But the union leadership got the message loud and clear, and we're all in it together." Local 100 members voted mid-February by a little over 60 percent to reject the contract. Despite wage and benefit increases in the tentative agreement higher than most other agreements found on Canada's railroads, rank-and-file members were angry over years of what Rosner describes as CN's "brutal treatment." A rollback of a newly introduced discipline system-which many railworkers perceive as unnecessarily harsh-has developed as a key union demand in the strike. The union has criticized the system for its "heavy suspensions, 'deferred suspensions', and harassment of employees for real or perceived safety and rules violations." Expectations also ran high among rank-and-file members for larger wage and benefit increases than the agreement offered. The railroad's operating ratio (a comparison of operating income compared to costs) is one of the best in the industry, with operating income increasing from $1.4 billion to $1.7 billion in 2003. Workers frustrated by bearing the brunt of a dramatic reduction in the workforce after CN's privatization in 1995-a drop from roughly 36,000 workers to 18,000-expected to receive a greater share from the new profits. The union is now demanding bigger wage increases, better pension benefits, a signing bonus, and a bonus system based on the operating ratio. STRENGTH DOWN THE LINE Because CN is a key shipper of auto parts and because the CAW represents workers both on the railroad and in the auto plants, the strike has spilled over into the auto industry. In the strike's first week Ford was forced to send home thousands of workers at several plants in southern Ontario as CAW members refused to load or unload CN freight cars. Close to 1,200 workers at the St. Thomas plant were sent home mid-shift due to a lack of parts coming from CN freight cars. Work at some plants was also shut down when autoworkers refused to load parts onto CN cars. About 250 workers were sent home from the Windsor Essex plant after refusing to load V-6 engines. CAW intra-union leverage has also been increased by its organized presence at the inter-modal terminals. CAW Council 4000 currently represents 400 freight truck owner-operators that contract with Canadian National at the terminals. Although the drivers are in a different bargaining unit and can't legally strike before their contract expires in late March, the owner-operators have refused to cross the rail workers' pickets. CN has attempted to use third party truckers (truckers who they don't normally contract with) to move containers to different work sites, prompting the union to extend pickets to these sites as a counter-tactic. The railroad has also been attempting to use the drivers as a longhaul freight alternative to its stalled rail shipments. The company is asking for deliveries over thousands of miles rather than the local and regional short hauls that the drivers are normally contracted for, drawing the ire of drivers. Talks between the union and the company broke down over the March 6-7 weekend. As Labor Notes goes to press, CN has announced that it would "enhance its offer" and asked for the union to submit the conflict to binding arbitration. According to a Reuters report, Gary Fane, head of CAW's transportation department, replied that the union rejected the offer in favor of "a properly negotiated collective agreement." Fane added, "We don't want a cooling-off period. In fact, we want to heat things up." 2:06:57 PM    feedback []  trackback []   Google It!

DICK DAVIDSON DECLARES AN $18+ MILLION DOLLAR BONUS FOR 2003 BUT THE REST OF THE INDUSTRY SUFFERS DICK DAVIDSON DECLARES AN $18+ MILLION DOLLAR BONUS FOR 2003 BUT THE REST OF THE INDUSTRY SUFFERS.   The Article below appeared in Traffic World. Rail & Intermodal UP in a Jam Railroad struggles to keep network fluid as lack of power, crews slows service Union Pacific Railroad's mini service crisis is tying up freight while dragging down the company's earnings potential. Severe winter weather along with a shortage of locomotive power and the crews to run them has left trains stopped dead on their tracks for two and three days at a time across the 33,000-mile UP network. Although the current crisis is not of the magnitude that caused the railroad's meltdown in 1998, it threatens to impede UP's ability to take advantage of an improving U.S. economy. "Yes, it is affecting our ability to get the revenue growth that was predicted," said Greg Barbe, UP's vice president and general manager for industrial products. Based on economic growth projections, investments and overall system capacity, UP had forecast roughly 8 percent growth in its intermodal business and! 4 percent growth on the carload side for 2004. The service crisis, combined with $35 million in damages UP must pay as a result of an accident at a grade crossing, forced UP to adjust its earnings forecast. The company originally targeted a 30 to 40 percent growth over the $0.57 per diluted share it earned from continuing operations in the first quarter of 2003. However, last week UP Chairman and CEO Dick Davidson said the company will not meet the low end of that projection. The verdict in the grade crossing case alone will cost about $0.08 per diluted share. "Severe winter weather, c! ontinuing high fuel costs and lingering crew shortages primarily in the Western region" in January and February have hampered efforts to restore fluidity to the UP network, increasing costs and reducing revenue in the first quarter, Davidson said. Crew shortages are a continuing and seemingly growing concern behind service problems at several railroads over the last two quarters, including Burlington Northern Santa Fe Railway and CSX. But UP seems to have been hit harder and longer. In the week before Thanksgiving last year, an internal bulletin from vice presidents of the railroad's four operating regions conceded the railroad "should have hired sooner" more than 1,000 new employees, and asked current crews to work as many hours as possible during the holiday weekend. "I went home that night and stuck that bulletin on my refrigerator," said a UP locomotive engineer who did not want to be identified. "It's the first time I've ever seen UP admit to anything." The memo also was an indication, say union leaders, of not only poor planning at the railroad but also of a widespread atmosphere of employee abuse. "I've been with the railroad for 41 years and this is the worst I've ever seen it," said Richard Karstetter, general chairman for the United Transportation Union, which represents UP conductors. "It's a crisis now, but we've been telling them the dike has been breaking for three years. Their answer has been to step up disciplinary action against its labor force. However, we're overworked to the point of exhaustion, and it is getting to the point where our members are actually looking forward to being disciplined because it's the only way that they can get some rest." John Bentley, a spokesman for the Brotherhood of Locomotive Engineers and Trainmen, said work fatigue was an industry-wide problem. "Railroads in general are trying to get too much work done with not enough people and our members are suffering because of it," he said. Karstetter said UP has started to address the problem. "They're hiring, and we're starting to see a difference in places like St. Louis," he said. "But much of this was too little too late. There are trains stopped all over America, and it's going to take months to dig out of this mess." UP spokesman John Bromley acknowledged employees are getting more trip turns than normal but said the railroad is acting within the hours of service laws. "We've had a real problem getting people to stay marked up (available for work)," Bromley said. "In some instances there's been a high percentage of employees not available on weekends, and there has been disciplinary action taken to address that." Last year UP hired more than 2,500 engineers and another 1,000 in January of this year. The plan for 2004 is to hire 3,500 trainmen. UP customers, particularly those in the western portion of the UP system where the effect of the! labor shortage is biggest, have adjusted their transport plans accordingly. The Portland & Western Railroad, which interchanges lumber shipments with UP in the Pacific Northwest, is temporarily storing product in general-use boxcars until it can get high-end boxcars suitable for transporting finished paper. "They've closed down their temporary crisis center that they set up last year up here to help with the problem, but there's still a backlog" of inventory, said Ron Vincent, director of customer service for the P&W. "The weather has been worse this year than in previous years, which hasn't helped. But all things considered, they've been doing an excellent job of reacting." "The noise level from our customers has gotten quite loud," said Tom Shurstad, president of intermodal carrier Pacer Stacktrain, a big shipper of automotive parts on UP between Mexico, the United States and Canada. Because a lack of crews means having to park trains, "locomotives are no! t getting to destination fast enough before they have to turn around and go back," Shurstad said. He said UP was improving every day but "they haven't yet hit the right threshold." To do that UP has to increase the overall velocity of its network, which has shown a dramatic downturn in average train speed in 2004 versus the same time last year. Experts say every one mile-per-hour increase in average train speed results in 250 additional locomotives that wouldn't otherwise be available. UP wasn't placing a timeline on its recovery. "As we look to the remainder of the quarter, our outlook is unclear," said Davidson. "We are hopeful that a solid March performance will help us regain some of the momentum we lost earlier in the quarter. Once the difficult winter operating environment begins to improve, we continue to believe that our efforts will bear fruit." Thank you for your continued support, RRESQ www.rresq.com 10:28:34 AM    feedback []  trackback []   Google It!

Wednesday, March 17, 2004

Contract Vote Could End CN Rail Strike by Friday Contract Vote Could End CN Rail Strike by Friday Mon Mar 15, 5:10 PM ET By Charles Grandmont MONTREAL (Reuters) - The strike at Canadian National Railway Co. could be over by the end of the week, the Canadian Auto Workers (news - web sites) union said on Monday, as 5,000 workers prepared to vote on the latest contract offer from Canada's largest railway. Reuters Photo   "We will begin (the vote) tomorrow and we will try to have a final result for the whole country by Friday," CAW negotiator Abe Rosner said. If union members vote to accept the offer, the strike, now in its fourth week, would be lifted immediately. "It's a bit ambitious, but we have to do it because the strike will continue as long as there is not a positive vote," Rosner said. Meantime, logistical headaches for Canadian shippers will remain because the 5,000 mechanics, sales clerk and container yards workers will stay off the job until the results of the vote are known. CN carries more than half of all rail shipments in Canada. "Everybody will be holding their breath until the ratification vote," said Bob Ballantyne, the president of the Canadian Industrial Transportation Association. "I think, in this instance, the possibility of ratification is quite high." The CAW said the tentative three-year deal includes annual wage increases of 3 percent and scraps CN's new and much maligned disciplinary system, a sticking point that helped scupper an earlier contract offer. Nearly a quarter of CN's work force went on strike on Feb. 20 after rejecting the initial offer. The latest offer also contains a C$1000 ($750) back-to-work bonus and improved shift pay and pension formula. "We will await the results of the ratification vote, we hope that it is successful and we hope to have people back as soon as possible," CN spokesman Jim Feeny said. CN stock, which has lost 6.5 percent since the strike began, gained 31 Canadian cents, or 0.6 percent, to C$51.40 on the Toronto Stock Exchange on Monday amid a broad-based selloff. In New York, the stock closed up 46 cents at $38.76. FIRST DEAL REJECTED Union members caught their leadership off guard in February when they rejected a tentative agreement recommended by CAW negotiators. The first agreement offered the same 3 percent wage increases, but did not address discontent over CN's disciplinary practices. In the first full week of the strike, CN's overall traffic plunged 14 percent, as many shippers were forced to turn to more expensive truck deliveries to avoid bottlenecks at rail yards where containers are loaded between truck and train. CN managers and contractors stepped in to help with the workload and, by the second full-week of the strike, overall traffic was down only 5 percent. CN's network, which is Canada's biggest, also reaches the Gulf of Mexico through the U.S. Midwest. Its U.S. workers were not on strike. CN, North America's No. 5 railway, is the continent's biggest hauler of forest products and also a major carrier of chemicals, grain and automobiles. The nearly four-week long strike, the longest CN has faced in more than 15 years, contradicted initial industry expectations of a short disruption. But transport analysts also said last week the strike seemed to have had a milder impact than expected on the company's operations and profitability. "CN held to its belief that it would not hurt its operating leverage through drastic wage increases," said Merrill Lynch analyst Ken Hoexter in a research note on Monday. "We could see a bit of a rebound in the share price over the next few days," said the analyst, who reiterated a "buy" recommendation on the stock. ($1=$1.33 Canadian) 8:56:16 AM    feedback []  trackback []   Google It!

Highlights of CN Owner-Operator Settlement Wednesday, March 17, 2004 Highlights of Owner-Operator Settlement  A tentative agreement was reached at 0630 am Monday morning covering almost 400 Owner-Operators employed by Canadian National Transport Limited. The full text of the agreement can be downloaded as a Word document by right-clicking here and choosing "Save Target as..." This highlights document can be downloaded in Railfax format by right-clicking here. Duration: Term of three (3) years, from Jan. 1, 2004 to Dec. 31, 2006. Lump-sum payment: All Owner-Operators active on the date of ratification will receive a one-time amount of $1,000 as an insurance adjustment. Zone rates: All zone rates, including off-line moves, will be increased by $1.00 in each year of the agreement (total of $3.00 by 2006). This represents an average increase of more than three (3) percent per year. NOTE: This is the first time ever that zone rates have been addressed, and increased, in national negotiations. Highway rates: Increased by $.02 cents per mile in each year of the agreement (total of $.06 by 2006). Terminal time: At the CN intermodal terminals only, the shunt rate and waiting rates will be replaced by a single “terminal rate”. This new rate will be equal initially to the current wait time rate plus one dollar ($1.00), with two additional $1.00 increases in the remaining years of the agreement, for a total of current wait time rate plus $3.00 by 2006. Wait time at customer only (not CN terminal): To be increased by $1.00 in each year of the agreement. Fuel price: The price per litre paid by Owner-Operators will continue to be frozen. Safety Bonus: The safety bonus as per the present rules will continue to be paid . D.E.T.: The up to $100 monthly charge currently paid by Owner-Operators will stop after December 31, 2004. After that, Owner-Operators may be required to purchase a new handheld device. The charge will be capped at $500, payable in ten (10) equal monthly instalments starting January 2005. After that, the Company will pay all the monthly communication fees. Discipline: Before Owner-Operators are disciplined, they will receive notice of the allegations, have 24 hours to consult with a union representative, and have an opportunity in a meeting or teleconference, together with their union rep if so desired, to answer the allegations before the final decision is made. Short pay: If an Owner-Operator’s pay is short by $400 or more, he/she may demand special payment within no more than five (5) banking days. Recovery from strike impact: At each terminal, available work will be allocated to provide an average of 50 hours of work per week, in seniority order. Should available work run out, then junior Owner-Operators may be laid off temporarily. The Company may keep no more than 25 external brokers across the whole system during this period. This provision applies until August 31, 2004, when the 70/30 ratio in Appendix 1 will again apply. Intrazone moves: Any move at a customer which requires driving more than one kilometre on customer property, or being directed to an alternate facility where travel distance is more than one kilometre using a public road, will be paid as an intrazone move. New hiring: There will be no new hiring of Owner-Operators at a location without first consulting with the local shop steward. NOTE: This does not mean that the Union can veto new hiring, only that we must have an opportunity to raise our concerns before it happens. Employee and Family Assistance Program: CN’s EFAP program will be extended to cover Owner-Operators. # posted by Admin @ 9:04 AM 8:50:10 AM    feedback []  trackback []   Google It!

CAW AND CN REACH SETTLEMENT News Release: CAW AND CN REACH SETTLEMENT  [To download this in Railfax format, right-click here and choose "Save Target as..."] The Canadian Auto Workers’ Union and Canadian National Railway reached a tentative agreement this morning after round-the-clock bargaining in Toronto. If ratified during a vote to be held this week, the settlement will end a strike of 5,000 CAW members which began February 20. Some highlights of the agreement include: - An end to CN’s recently instituted discipline system, characterized by heavy penalties for real or perceived safety and rules infractions and lengthy suspensions, for the three-year duration of this contract. An immediate return to the disciplinary system and standards in place before January 1, 2001. Settlement of all outstanding discipline cases on the basis of the old system, with access to expedited procedures. - Wage increases of 3% in each year of a three-year agreement. - A return-to-work bonus of $1,000 for all strikers. - A commitment to improve the pension formula to 1.8%, whenever the pension improvement account is sufficiently funded in the future, to include all workers who retire after January 1, 2004, subject to approval by all CN unions - Afternoon and midnight shift differentials to be improved immediately to $.75 and $.80 immediately; and the midnight differential to be further improved to $1.00 per hour on Jan. 1, 2005; - Vision care to be improved from the current $150 to $250 on Jan. 1, 2005; - Elimination of the previously-negotiated “weekend worker” provision. - Elimination of Appendix B (Council 4000) and Appendix D (Local 100) - No discipline or reprisals for strike activity. Also this morning, CN and the CAW reached a settlement for the Owner-Operators, a unit of 400 intermodal truck drivers who were not on strike. Details will follow soon, as will ratification meetings. # posted by Admin @ 7:33 AM 8:46:03 AM    feedback []  trackback []   Google It!

Thursday, March 11, 2004

CN asks strikers to go back to work 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    feedback []  trackback []   Google It!

Former UTU President Byron A. Boyd, Jr. pleads guilty 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    feedback []  trackback []   Google It!

Union bribery probe could turn attention to Houston lawyers March 10, 2004, 10:10PM Union bribery probe could turn attention to Houston lawyers 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    feedback []  trackback []   Google It!

Locomotive Engineers Merge into the Teamsters 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    feedback []  trackback []   Google It!

TTD Resolution Calls for an End to Locomotive Remote 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    feedback []  trackback []   Google It!

Appeal of UTU EB Boyd Decision UTU Local 528 adds momentum to Appeal of UTU E Board Boyd decision. AND, another GUILTY plea in Houston. Chicago, Illinois Eleven Officers of Local 528 co-sponsor Appeal   3/10/04 - Houston, Texas John Rookard pleads guilty in open court.  9:41:31 AM    feedback []  trackback []   Google It!

Cdn Natl Rail Says Formal Talks With CAW Union Break Off 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    feedback []  trackback []   Google It!

Wednesday, March 10, 2004

Appeal to President Thompson regarding Trial Board's Discipline Decision of suspended President Boyd Appeal to President Thompson regarding Trial Board's Discipline Decision of suspended President Boyd Roger Griffeth appeals (with the help of concerned members and locals) the UTU Executive Board ruling that suspended Boyd without pay, BUT . . . If you agree that this is an important step toward Internal Relief, then you or your UTU local should read, sign and return the petitions found at http://www.reformit2004.org/Individualappeal.htm http://www.reformit2004.org/appeallocal.htm Here is the letter:   Roger D. Griffeth 11 Danby Court Cartersville, GA 30121 March 9, 2004 Mr. Dan Johnson, GS&T United Transportation Union 14600 Detroit Avenue Cleveland, OH 44107 Fax Transmission – 216-228-5755 Re: Appeal to International President, Article 75 II (b) My name is Roger D. Griffeth. I am a member of UTU Local 1261, Atlanta, Georgia. This appeal is intended to comply with the provisions of Article 28, UTU Constitution, that requires members to exhaust all internal remedy available by appeal provided for in the Constitution. Pertinent facts of decision being appealed: Under letter dated March 2, 2004, the members of the UTU Executive Board published a written decision regarding the charges against Byron Boyd. (Exhibit A) The declaration of guilt was stated as follows: "…We the members of the International Executive Board of the United Transportation Union find you, Byron A. Boyd Jr., guilty as charged of violating Articles 16, 41, and 58 of the United Transportation Union Constitution…." As a result of this finding, the Trial Board accessed a penalty of "suspension" in two separate parts, Part 1, reads as follows: "…Byron A. Boyd Jr., on this date, March 2, 2004, you are hereby suspended from the office of International President of the United Transportation Union. Your suspension is without wages and is in effect for the duration of your term in office…." The preceding element of the Trial Board’s decision was proper in that it stated a conclusive penalty to a finding of guilt. Article 25, at or about line 85, requires that a penalty issued by the Trial Board "…shall be final and binding…" on the accused (Article 25, line 81-86) if found guilty. Further, because the guilty officer enjoys the right to an internal appeal for reversal of the Board’s decision, it is necessary for the discipline to be both "final and binding." This requirement properly invokes the internal "due process" rights of the accused, in that appeal can be submitted to the UTU Convention. After the Trial Board rendered their "final and binding" decision, they promptly reversed the finality of that decision and unbound Boyd from the assessment of the internal discipline. The Trial Board deferred the final disposition of their findings to a unrelated process outside the jurisdiction of the UTU. Part 2 of the action/decision of the Trial Board reads: "…This suspension will automatically be revoked and you, Byron A. Boyd Jr., will be automatically reinstated to your office as International President of the United Transportation Union with, all lost wages, if you are found not guilty, or if all charges are dismissed at the criminal proceeding to be held in Houston, Texas…." Basis of appeal – The basis of this appeal speaks to Part 2 of the penalty decision rendered by the Trial Board. The penalty of "suspension without pay", stated in Part 1 of the award, must be both "final" and "binding" on the accused internally without external loopholes. It appears that the Trial Board intended to grant an external body the authority of the delegates to revoke the final and binding decision set-forth in Part 1 of the award. By the UTU Constitution, the only authority to reverse or revoke the suspension of Boyd is the UTU Convention, and only if appealed by him under Article 26, lines 84-86. In deferring the final and binding penalty decision rendered in behalf of the membership, the Executive Board made a decision that was beyond the scope of the authority explicitly limited in Article 25, lines 81 – 86. This, of course, is not in keeping with the contractual provisions of our governing document, the UTU Constitution. Requested relief – Due to the action/decision taken by the Trial Board to establish a procedure that removes internal discipline matters to external tribunals without standing in accessing discipline for Article 16 violations, this appeal seeks to void the language of the Trial Board’s decision, Part 2, that reads: "…This suspension will automatically be revoked and you, Byron A. Boyd Jr., will be automatically reinstated to your office as International President of the United Transportation Union with, all lost wages, if you are found not guilty, or if all charges are dismissed at the criminal proceeding to be held in Houston, Texas…." Authority to bring appeal - Article 75 Appeals – Section II (b) provides that: "Actions or decisions of Trial Boards (Article 25, line 71) may be appealed to the International President, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date on which the action or decision occurred." The preceding sets-forth the authority of members to appeal actions or decisions of Trial Boards. Article 25 specifically describes the Executive Board as a "Trail Board" (lines 71 and 75) and the resulting decision is a decision of a "Trial Board". Notice to Parties – Copy of this appeal is being furnished to the Chairperson of the International Executive Board as required by Article 75 III - Procedures. Handling of this appeal - Due to the problems that may be associated with the outcome of the criminal matter in Houston, the possible adverse financial consequences of the Trial Board’s (Part 2) action/decision, I am requesting this appeal be decided by the International President upon receipt. Failing to receive the requested relief from the President, I am asking that this appeal, and/or any decision or action emanating from this appeal, also be considered as an appeal of the decision of the International President and docketed for a special session of the Board of Directors as soon as possible after the trial in Houston, however, no later than ninety days after receipt of this appeal. Additional Parties to this appeal – I have included with the hard copy of this submission appeals forwarded to me by other members requesting that they also be made party to this appeal. It is my understanding that others may be filed independently and forwarded to your office. Fraternally submitted,   Roger D. Griffeth Cc: James Houston, Chairman, UTU Executive Board Joint Appellants   10:25:33 AM    feedback []  trackback []   Google It!

Tuesday, March 09, 2004

Request for comments on BLE/IBT merger We received a request from a brother who is writing an article for LABOR NOTES on the IBT/BLE merger. He would appreciate hearing from any members who have an opinion or observation to make on this matter. Please contact Chris Kutalik at chris@labornotes.org 9:54:38 AM    feedback []  trackback []   Google It!

Website for Info on the CN strike CN Strike 2004 Website with latest information on the ongoing CN strike Thursday, March 04, 2004 CN Rail Traffic Drops As Strike Drags On  [Excerpts from Montreal Reuters dispatch] Container traffic at Canadian National Railway Co. dropped 26 percent last week from the week before because of a strike by nearly a quarter of its employees, but overall traffic was down just 3 percent, the company said on Thursday... Company figures show a 14 percent drop in overall freight traffic last week from the year-earlier period after a 9 percent year-on-year slide in the previous week... The strike, the longest at CN in more than 15 years, has thinned movements of railcars along Canada's biggest railway. But company officials refused to comment on the impact the strike was having on its revenues and profit... Some analysts say the extra costs caused by the strike have more than wiped out savings from unpaid wages. Deutsche Bank Securities analyst John Barnes said last week the strike could cut CN's first quarter profit by up to 10 percent... The strike is having an impact on major clients such as the Canadian Wheat Board, the biggest seller of wheat worldwide, which has complained of minor delays in deliveries, and in the forestry sector where CN is North America's biggest hauler of timber products... Lumber prices have risen 5 percent since the strike began, in part because of concerns of a railcar shortage, JP Morgan analyst Claudia Shank said in a research note this week. She said the pulp market could also be hit as CN transports up to 95 percent of pulp in some parts of Eastern Canada. "There is a risk of truck shortages as demand increases, particularly given the large volume of commodities that need to be transported," she said. Shippers like Abitibi-Consolidated Inc., the world's biggest newsprint maker, have already turned to trucks, although it normally moves 40 percent of its newsprint by rail... The union has said it would not submit new proposals to its members unless the company rolls back its new discipline system. Workers say the new rules bring "military discipline" to the workplace, union negotiator Abe Rosner said. The union is also seeking improvements in the pension plan, social benefits and shift premiums. 9:33:01 AM    feedback []  trackback []   Google It!

UPRR Harrassment and Excessive "Limbo Time"? Attached are copies of two recent letters from Neveda and California BLE representatives.  These letters set forth incidents that are occurring throughout the Union Pacific service unit.  UP managers are taking more liberties, provoking employees with agressive and harassing behavior.  Now some BLE members are fighting back.    LETTER 1 March 4, 2004 Mr. Thomas Jacobi Vice President Western Region Union Pacific Railroad 10031 Foothills Blvd. Roseville, California 95747   Dear Mr. Jacobi:   The purpose of this letter is to charge Superintendent Dan Shudak of the Roseville Service Unit with three violations of General Code of Operating Rules, Rule 1.6 those portions dealing with (1) Careless of the safety of themselves or others and (6) Quarrelsome or (7) Discourteous. Rule 1.6 Conduct is a level 5 rule and the penalty is dismissal.   I am requesting a fair and impartial investigation and hearing to determine Supt. Shudak’s responsibility in the incident that occurred at Carlin, Nevada and Elko, Nevada on December 24, and 25, 2003. I am enclosing a statement by engineer Scott Cairns from Portola, California concerning the incident. According to engineer Cairn’s statement Mr. Shudak drove from Roseville, California to Elko, Nevada in a raging snow storm to personally conduct a “swarm team” investigation at Elko and Carlin concerning a minor injury to engineer Cairn’s Conductor. In the end it turned out that the possible injury was not a lost time injury under the FRA guidelines. Mr. Shudak allegedly refused to dead head engineer Cairns home after the “swarm team” investigation because of the dangerous conditions on the freeway between Elko and Portola. If this statement is correct then Mr. Shudak placed himself in harms way and at the very least displayed a distain for his own safety. If i! t was as dangerous as Supt. Shudak contended he himself should not have made the trip to Elko. The second and third portions of this charge letter have to do with Quarrelsome and Discourteous behavior. It is my allegation that Supt. Shudak was in fact quarrelsome and discourteous as displayed in engineer Cairns’s statement.   I am requesting that all employees and managers involved in the above incident be request to testify. My witness list includes MTO Gauthier, MOP Korte, MYO Turville, Car Foreman Harris, MTM Woods and Conductor R. A. Brubaker.   The manner in which Supt. Shudak conducted his “swarm team” investigation was an alleged violation of Union Pacific Railroad policy Violence and Abusive Behavior in the Workplace attachment A. The portion that I’m referring to is the bullet point that says “ Threatening, intimidating, bullying, or abusing another person”. It is the belief of the Nevada State Legislative Board – BLE that the Union Pacific Railroad senior management condones this type of behavior. I base this statement on the fact that this is not the first complaint nor lawsuit on this issue that concerns Supt. Shudak. Further when you, Mr. Jacobi, were appointed to the VP of the Western Region employees were being instructed to sign a safety statement under threat of insubordination if they didn’t sign. Reportly those were your instructions to the managers asking the employees to sign the statement. That i! n itself is threatening and abusive behavior if in fact you did this. It is the belief of the Nevada State Legislative Board – BLE that threats and intimidation are part of the culture of the Union Pacific Railroad and are condoned and encouraged by the Union Pacific Railroad senior management staff. I have been with the UP since the merger of the SP and UP and I have not seen any evidence to dispute this belief.             Sincerely,   Joe Carter, Chairman, Nevada State Legislative Board – BLE   Enclosure: Engineer Cairns Statement   Cc: Mr. Dick Davidson Mr. Ike Evans Mr. Jim Young Ms. Barbara Schaefer, Senior VP Human Resources Union Pacific Railroad Mr. Dennis Duffy, VP Operations Union Pacific Railroad Mr. Phillip Anschutz Mr. Don Hahs, President BLE Mr. Raymond Holmes VP & NLR BLE Mr. Lee Pruitt, VP BLE Mr. Bill Hannah, General Chairman UP Western Lines, BLE Mr. Tim Donnigan, General Chairman Western Region General Committee of Adjustment Mr. Tim Smith CSLB Chairman, BLE All BLE Members in the State of Nevada   LETTER 2   Ray Enriquez Executive Committee California State Legislative Board Brotherhood of Locomotive Engineers and Trainmen Subject: Hours of Srevice   Alvin L. Settje Federal Railroad Administration Regional Administrator 801 I Street - Suite 466 Sacramento, CA  95814   Mr. Settje,   I find it necessary to report that the UPRR is abusing its crews by not relieving them in a timely manner, and to report a specific incident in which a crew was on duty 22 hours and 5 minutes. Currently in the Los Angeles Service Unit, it is not uncommon for train crews to be on duty 14, 15, 16 hours or greater. This excessive on duty time occurs despite a Los Angeles General Superintendents Bulletin which states:    “The Crew Utilization Policy is designed to ensure crews are relieved from their tour of duty before they exceed the Federal Hours of Service (HOS). The goal of this policy is to have crews at their final tie-up point prior to the expiration of their HOS.  The policy is not intended to compromise any laws or collective bargaining agreements.  The crew to be relieved, relief crew, train dispatcher and corridor manager and CMS must work together in order to utilize crews in the most efficient manner and promote the success of this policy.”   As you can see the bulletin asks for the cooperation of the crew to be relieved, relief crew, train dispatcher and corridor manager and CMS. I feel crews are cooperating when they inform the dispatcher, and or corridor managers that they are short on time.   I am familiar with the interpretation of hours of service violation versus “Limbo Time”. However, there should be no reason why a crew should have to endure a 22 hours 5 minutes shift. On 03/03 the train crew of GSMIKI-21 expired on the hours of service at Canyon on the Mojave Subdivision. They went on duty on 03/02 at Yermo, CA at 12:05. Over seven hours after their expiration of service at 07:15 I received a telephone call from the engineer asking, “what it would take to get off the train?” I called the corridor manager who had just come on duty about an hour prior to my call, and told me of all the dead trains he had to deal with. A little over an hour later the crew was relieved but still had an hour and a half ride to their home terminal.   In the situation described a 12,320 train was stopped on a 2.15 grade and could not be left unattended as per UPRR timetable grade seceurement rules. The purpose for this rule is obvious, it is to protect against the train moving or worse, a runaway caused by a release of brakes. I realize I am not the first person to argue the point that the notion of monitoring gauges and possible train movement is not considered performing service is totally ridiculous. Additionally, this is not merely a matter of whether the crew has or has not exceeded the hours of service, rather a safety concern. This crew was exhausted affecting their ability to stay awake to monitor the train thus defeating the purpose of the grade seceurment rule.   I believe the Hours of Service Law is seriously flawed to allow this kind of treatment to employees, and that situations like this poses a safety hazard to railroad crews, railroad property, and the surrounding communities.   The Los Angeles Service Unit is going through a meltdown all of which is a primary result of poor crew utilization and the carriers’ failure to relieve train crews prior to expiring on the hours of service. It is the position of the BLET Division 660, that if the UPRR could indeed fulfill their crew utilization policy the effect would be positive for all parties. The employee’s benefit is obvious, and the UPRR could increase their manpower for two reasons. 1, crews would not require 10 hours rest for working 12 hours, and 2, crews would not be so fatigued as to call in sick.   At this point I see no compassion or improvement of working conditions for UPRR employees and hope the FRA takes whatever measures necessary to help the situation.  Thank you for your attention to this matter.     Sincerely, Ray Enriquez BLET California State Legislative Board Executive Committee Division 660 Legislative Representative     Cc. George Elsmore Alisa Dwiggins Oliver Cromwell Stan Lewis Don Carroll Tim Smith Members of the Committe on Transportation & Infrastructure   Thank you for your continued support, RRESQ www.rresq.com 9:18:04 AM    feedback []  trackback []   Google It!

BLET and CPRS reach tentative agreement Hi Everyone,    This e-mail is to inform you that the BLET negotiators and C.P. Railway have reached a tentative agreement. The agreement has been reviewed by the Local Chairmen that comprise the GCA. After 10 hours of heated debate, it was agreed by majority vote to send this tentative agreement out to the membership for a ratification vote. A synopsis and ballot will be sent to your last known address. (make sure the BLET has your current address) All voting instructions and deadlines will be included in this mailing. BLET Divisions 357 & 494 will be having joint informational meetings to discuss this agreement. The dates of these meetings are still pending. The meetings will be held at the Teamsters hall in St.Paul, Mn.. When the dates and times are set I will send another e-mail and post the information on our bulletin boards. Fraternally, Gordon Kepka BLET Div. 357 Local Chairman blediv357lc@yahoo.com 12:32:37 AM    feedback []  trackback []   Google It!

Sunday, March 07, 2004

Miles Mulloy on the plight of the post-85 railroader Miles Mulloy on the plight of the post-85 railroader With all due respect to those who precede me in the American journey and given that I can not know their times and feelings and experiences that shape their opinions and that they can not know mine I try to avoid being boxed in by anyone philosophy. History at best is an incomplete record however I feel there is compelling evidence in our modern world to believe that, as we live history and our technology allows us to, we leave a record of the events that is without precedent. How to manage the changing crew consist in an environment of so many openly hostile and competing interests; may be beyond the capabilities of the people who represent the workingmen and women who operate the trains. My main motivation is to achieve what I believe is the best deal for myself. Unfortunately my experience has been less of an achievement in wage scale or working conditions or quality of life than it has been an exercise in avoiding disaster. In that light my experience seems to mirror that of the average railroader. Though it can't go without saying some railroaders clearly have it much better than their fellow railroaders whether they are engineer or trainman. Pre 85 trainman receives a productivity check each year that most boast of amounts in the thousands. The old head engineer is being paid by the mile to dead head the post 85 engineer is being paid by the hour. Hundreds of dollars difference in a days pay. Yet all pay the same amount in dues. The GC and LC will spend most of their time with collecting time claims for pre 85 members. Arbitraries that the post 85 engineer or conductor have lost. The same organizations that created post 85 railroader cannot represent fairly the interests of the post 85 railroader. Yet under the Railway Labor Act all railroaders are forced by law to allow the organizations that cause the problem to provide the solution. As I read history the people or organizations that cause the problems try to suppress the criticism of those they have offended and ultimately fall into a defensive position against their own members and start a propaganda campaign that will try to discredit the rebels. One would not think that the statement" the basic Law of capitalism is you or I do not you and I " and yet that is the results of the union actions that created the post 85 / Pre 85 dilemma and in my humble opinion is "the problem with the UTU and the BLE describing themselves as unions". They have a rather skewed view of unionism; I guess we could call ourselves capitalist unions. I am indeed looking for any forum to report my observations air my views and opinions and in any other way that I think that I may effect a change for the better for the post 85 railroader. So in the future and as you are willing to accommodate my writings I will gladly copy to you for your consideration my statements regarding the above-mentioned issues. Thanks for your efforts with your web page and the opportunity to contribute. Semper fi Miles Mulloy 12:34:43 AM    feedback []  trackback []   Google It!

Saturday, March 06, 2004

UTU Reform Caucus UTU Reform Caucus forming to Deal with Union Corruption MAC Reform Caucus I have received several phone calls and many e-mails from individuals who want to become more involved in the process of reforming "their" United Transportation Union. One way we can work together to advance our common goals for reform is to start a formal/informal caucus. Formal, in the sense that it will have a structure, and informal, in that it will not be sanctioned by the officers that control the UTU International. The concept of a caucus is not new, they have been around for a long time. In most successful reform campaigns by union members, caucuses have been the platform of the "grass roots" movement. No single individual is going to reform anything, it takes a concerted effort by those who believe that reform is required. Special interests groups within the UTU already have formal caucus structures, however their is no single caucus that represents the members "at-large". MAC will work with these other caucuses to promote the reform platform developed by MAC. Formal/Informal By-Laws Initially, the name of the caucus will be: Members Against Corruption (MAC). The purpose of MAC will be to act as an advocacy group for the benefit of union democracy, and the removal of corrupt UTU officers. Mission Statement The Mission of the MAC Caucus will be to eliminate corruption from the International UTU, using the internal relief provisions of the UTU Constitution and, in failing to secure reform from within, the appropriate relief from state and federal government agencies. Meetings The first meeting of MAC will be convened after a formal organizational structure is in place. Initially, volunteers that are willing to serve MAC as Chairperson, Secretary, and Treasurer will be appointed on a first come first installed basis. After receiving 50 membership applications, the positions will be automatically declared vacant, nominations taken, and an election will be conducted immediately. The term of office will be for 1 year, at which time a new election will be conducted. A recall of the Chairman, Secretary and Treasurer will take place at the request of 10 or more members. The Chairman, Secretary and Treasurer will act independently regarding his or her duties and responsibilities. After the Chairperson, Secretary, and Treasurer have met, the duties and responsibilities of each office will be determined, and made part of these by-laws. MAC will develop a program to communicate with local UTU officers and delegates regarding the Mission of MAC. The Chairman, Secretary, and Treasurer of MAC will serve on a voluntary basis, with no salary or reimbursements for personal expenses. Web Site The Chairman, Secretary and Treasurer will create an official web site for MAC members.   Membership The initial qualifications for membership in the Caucus will be UTU: Active or retired members of the UTU, or a past members that agree to support the goals of MAC, and who are willing to work to achieve them. Membership may be extended to others upon amendment of these by-laws by a majority vote of the members.  After an application for membership has been received, and eligibility has established by either the Chairman, Secretary, or Treasurer, members will not be referenced by name, unless permission has be granted by such member. Identification of members, names, e-mail addresses, will be confidential. Members  will be identified as Member #1, Member #2, etc. MAC members will not be required to pay dues, or initiation fees, however, donations will be requested specific projects, such as mailings to delegates, become necessary to support the mission statement of the MAC. Donations received by MAC will only be used to off-set documented expenses incurred for the promotion of reform. Reform Procedures Prior to the UTU International Convention, MAC will develop a recommendation list of candidates seeking International offices, and recommendations for proposed changes of the UTU Constitution. The By-laws of MAC are subject to change upon petition of five members. A majority of votes returned will be required to implement any change. Voting Procedures All voting will take place by e-mail.  Individual votes will be recorded and published on the MAC web site in the following manner:  Member #1 voted "YES" or "NO" on the issue proposed. Members will verify their vote by their member number. Business of MAC All business conducted by MAC will be published on the MAC web site. Including financial accounting receipts and disbursements. Donations will be recorded by member number such as:  Member #1 - $10.00 etc. NOTE Until such at time as someone else wants to take over, I will act as Chairman in order to facilitate the formation of MAC.  If you are interested in joining the "Members Against Corruption" send me an e-mail.  In your message provide your name and indicate if you are an active or retired member of the UTU, or a past member that agrees to support the goals of MAC. Upon receipt of your message, I will forward you an application for membership. Roger Griffeth    griffethr@bellsouth.net 9:39:45 AM    feedback []  trackback []   Google It!

Friday, March 05, 2004

Saint Paul Yard CPRS BLET Conductor sets record Straight March 1st 2004 TO: Don Hahs, Pres-BLET, James Hoffa, Pres IBT, V.P.'s, GC's, LC's, And Brother/sister members of the BLET, Rail Conference of the IBT. Most recently I have recieved a few articles pertaining to my occupation that I am directly involved in and have a responsibility in and share a responsibility and have an accountability to address. #1.  Letter from T. Bagas, MGR/FLD/Ops (operating a train under the influence. #2.  Newspaper article (overstating wages made by Engineers and Trainmen. #3.  Engineers/and /Conductors salary, as stated by D. Hahs, BLET President. Working in the T&E operating department, trying to comply with the company's policies & uniion agreements, has become the most notorious quagmire of controversy, uncertainty, management challenges, bad publicity, & dissillusionment on could ever imagine having to work with. While Mr. Bagas adresses the violation of the company's policies and operating rules and federal regulations, he fails to address the most important issue of all.  These people have no schedule.  The answer is as it was years ago, ASSIGNMENTS.  As many assignments as possible and the rest on the (cesspool) extra board.  But if the railroad is going to run everything in a cesspool as it is now the problems will never go away.  These are human beings, not robots, running these trains and as it is they have no schedule or specific time to work or play allowed. Secondly: There was a quote in the MPLS Star Tribune by Julie Forster from Robin Mullaney, Director of Employee Relations for CPRS stating that Conductors earned $70,000 a year and Engineers as much as $110,00.  NOW!  If I were to get time and one half for 260 yard starts which is my yearly average I would make only $67,000.  WAY SHORT of this $70,000 number quoted! I do NOT make time plus one half per yard start! Then BLET President D. Hahs stated that Engineers make $72,000 and that Conductors  make  $68,000.  [ editor's note: Now Mr Hahs estimates are possible with mostly pre 85 rail workers working 60-90 hour weeks but Mr Mulrooney's numbers are total fantasy.  Base rates for rail workers are actually quite low and for post 85ers they are so low that most new hires see railroading as not worth the effort and QUIT.  It's expected that the railroad will continue to portray the rail worker as an overpaid ape but disheartening to see union leaders doing the same thing.] I would like to address 5 issues that should be in the contract for THE OPERATING EMPLOYEES.  If they are not there the contract should be voted down and addressed to the congress. And if worse comes to worse one would be FORCED to work under the terms of a P.E.B. Better than throwing away one's arguments and SUBMITTING to an inferior contract. Remember the "Kiss" principle and "keep it simple." [editor's note: and here's a "kiss" principle-"better to die on one's feet than to live on one's knees."] 1.  Wages: $35 per hour for Conductors and $40 per hour for Engineers.  This is what the above mentioned numbers would indicate T&E would be making and I AGREE WE SHOULD BE!  This would be in line with what other skilled crafts -i.e., plumbers, pilots, carpenters, and even construction laborers-are earning.  Then rail workers have NO shift differentials and even NO "overtime after 40 hours" provisions out on the road.  Then rail workers desperately need something like "a Metro clause"-something to where they can earn more for working in metropolitan areas where the cost of living is way higher than other areas.  Perhaps  with these adjustments rail workers could make a decent wage based ON THE FOURTY HOUR WEEK. 2. RETIREMENT: 55/30 for T&E operating employees only.  If Teamster Pepsi drivers deserve 55/30 GOD KNOWS that RR T&E deserve AT LEAST that!  France and Canada and nearly all modern inducstrial countries have 55/30 for workers in this difficult industry-WHY NOT HERE!?  Those who answer the phone at all hours of the day and night to go out and operate in this dirty, difficult and dangerous environment deserve an early out. 3. Improvements to the health insurance and NO CO PAYS!  If the railroads want to subject people to this unhealthy lifestyle they should be picking up the bill.  [editor's note; and perhaps the Teamster medical people could be looking into just what this lifestyle is DOING to railroad workers' health? Some science FINALLY brought to bear on the subject?] 4. Assignments on the Road: Quality of life-slaves were not even called out 24/7!  There need to schedules so employees know when to work and when to play.  There has to be some extra boards to cover extras, layoffs and vacations BUT the whole road workforce should not be FORCED to work as extra men.  If the railroads could simply post as many assignments as possible then most road workers could have some kind of schedule then it would be possible for those who want it, to have a job and some time off [editor's note; in short A LIFE!].  Those who want to work like dogs could still work the extra board. 5. Contributing 401k plans, the same as most companies in the world have. Not counting pro fund shares [editor's note; ONLY collected by the dissappearing Pre-85 employees] in 2003 I earned $54,000 working yard jobs. I worked 158 afternoon jobs, 90 nights and 16 day jobs.  I worked every weekend some time and 1/2 workaheads and some time and 1/2 days off, and some overtime work so this number WAS NOT based on the 40 hour week.  Right along side of me is a guy with about five years seniority doing about the same thing who earned $38,000 dollars last year [editor's note; a number closer to what new hire railworkers CAN REALLY EXPECT ].  The real numbers FALL FAR SHORT of what company and union leaders are projecting! So I say to you; now that we are part of the Teamsters let's start acting like a team and utilizing the vast Teamster experience and WINNING some decent contracts.  And let's start NOW! D.A. Heath BLET # 357 Conductor CPRS Saint Paul Yard         9:36:40 AM    feedback []  trackback []   Google It!

Thursday, March 04, 2004

Letter UTUIA Board of Directors Remove Boyd from office Letter UTUIA Board of Directors Remove Boyd from office Roger D. Griffeth 11 Danby Court Cartersville, GA 30121 March 4, 2004 Board of Directors C/O Dan Johnson, GS&T UTU Insurance Association 14600 Detroit Avenue Cleveland, OH 44107 Faxed: 3/4/2004 - 8:50 am (Original forwarded Certified US Mail)                              Faxed to – 216-228-5755 Brother Johnson: As a policyholder, please accept this letter as a request for the UTUIA Board of Directors to remove International President Boyd from office. On March 2, 2004, an article appeared on the UTU web stating: The International Executive Board found Boyd guilty of violating the UTU Constitution and ordered he be "suspended" from office "without wages" and "for the duration of your current term." The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. The board also ruled Boyd's suspension "will automatically be revoked" and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22. As a policyholder it is my position that President Boyd violated the general fiduciary duties assigned by Article 12 of the UTUIA Constitution. My position is based on the fact that UTUIA President Boyd did knowing and willingly instruct former UTUIA employee Ralph Dennis to engage in improper and criminal activities. As a result, because of the UTU/UTUIA allocation formulas, UTUIA funds were authorized in violation of Boyd’s fiduciary responsibilities. Article 3 – Membership - I have requested, but have not yet received a copy of the UTUIA Constitution. The amended 1995 Constitution, Article 3, in part, reads as follows: "I pledge my honor to faithfully observe the Constitution of the United Transportation States, and the Constitution and By-Laws of the United Transportation Union Insurance Association ; to comply with the rules and regulations for the government of the United Transportation Union and the United Transportation Union Insurance Association;…to faithfully perform all the duties assigned to me to the best of my ability and skill; to so conduct myself at all times as not to bring reproach upon my union and at all times bear true and faithfull allegiance to the United Transportation Union and the United Transportation Union Insurance Association." In supporting a case for the violation of Article 3, certain facts have been clearly established that UTUIA President Boyd failed in his obligation: 1) to faithfully observe the Constitution of the UTU/UTUIA; 2) to comply with the rules and regulations for the government of the UTU/UTUIA; to faithfully perform all duties assigned to him to the best of his ability and skill; and to bear true and faithful allegiance to the UTU/UTUIA. The evidence is that the UTU Executive Board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement, as reported on the UTU web site. The facts in the UTU case were: 1) Boyd hired Dennis, 2) Boyd supervised Dennis, 3) Boyd is the International President, 4) Boyd was charged with the specific duty and responsibly to properly conduct the affairs of the UTU and the accomplishment of its objectives. 5) Dennis pleaded guilty of working under Boyd’s supervision to travel at union expense to take money from attorneys to enrich himself and Boyd. 6) The union suffered financially to the degree that union monies were expended for Dennis’ salary, pension benefit, and travel. 7) The members did not receive any benefit from Dennis and Boyd’s improper activities. 8) Union funds were expended in a manner not anticipated or directed by the membership, and It is also clear that UTUIA funds were used in conjunction with UTU funds to defraud policyholders of honest services. Letter dated January 12, 2004, addressed to Jim Huston from Dan Johnson: "…The balance of Mr. Dennis’s travel expenses related to this issue were expended from UTUIA funds, and the UTUIA will seek recovery of those funds…." While recovery is certainly desirable, the fact remains that Boyd breached his fiduciary duty to the UTU and the UTUIA, and that breach must be reconciled in like manner. Benjamin Cardozo literally wrote the book on fiduciary responsibility. Mr. Cardozo served as an Associate Judge (1914-1927) and Chief Judge (1928-1932) of the New York State Court of Appeals, Associate Justice of the United State Supreme Court (1932-1938), he remains one of the most influential and respected jurists of the twentieth century. His decisions in fiduciary responsibility defined many of the fiduciary standards that continue today. "Many forms of conduct permissible in a workaday world for those acting at arm's length, are forbidden to those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior. As to this there has developed a tradition that is unbending and inveterate. Entrenched uncompromising rigidity has been the attitude of courts of equity when petitioned to undermine the rule of undivided loyalty by the 'disintegrating erosion' of particular exceptions. Only thus has the level of conduct for fiduciaries been kept at a level higher than that trodden by the crowd. It will not consciously be lowered by any judgment of this court." Further, when the courts are called upon to review fiduciary relationships, the courts have developed a rigid, long standing, and entrenched position of not undermining the rule of responsibility of undivided loyalty. This, the courts have held for well over a 100 years, is the only way to keep to ensure a fiduciary can be trusted in the highest level of fiduciary responsibility. The UTUIA Board of Directors can easily understand that fiduciary liability imposes a much higher standard of performance. The Board should also understand that failure to fulfill fiduciary responsibilities is determined not so much by the fiduciary's actions as it is by results. If the property, dues, assessments, etc., with which the fiduciary is entrusted loses value or is used for personal gain as demonstrated in Dennis’ guilty plea, the financial assets of the UTUIA policyholders were obviously not kept safe. It is my position that the UTUIA Board of Directors has the authority, the fiduciary duty and the corresponding responsibility to remove Boyd from office immediately. The record will show that the UTU Executive Board acted responsibly and in the best interests of the UTU membership by allowing charges against Boyd, investigated the matter and finding him "guilty" of violating Article 16 of the UTU Constitution. Suspending Boyd from office was a stop-gap to prevent the continuing use of the union funds, but there are other ways to finance the follies of the UTU Enterprise – UTUIA funds. We have now passed beyond the point of reconciling Boyd’s union negligence and now the burden of fiduciary care to the policyholders fall squarely on the UTUIA Board of Directors. The UTUIA Board of Director’s own fiduciary’s responsibility is to determine if the best interests of the policyholders were served by allowing the President to hire individuals to assist him in controlling the UTU election process, the shaking down of attorneys, and the evasion of prosecution by authorities, at the expense and the detriment of the UTUIA and its policyholders. Boyd’s authority to expend UTU funds has been temporarily suspended, to the extent you allow UTUIA funds to continue in Boyd’s representation in the criminal trial, the Board members will be judged as co-conspirators. The Board should keep in mind that remedial action, a passive solution to the problem at hand doesn't work. Each of you have an affirmative duty to act, to put out the fire, not to stand back and watch while the forest is being destroyed. The Board has the responsibility to protect the UTUIA treasury now while the smoke is still in the air. In that the UTU Executive Board found Boyd "guilty" of breaching his fiduciary duty, the UTUIA Board of Directors now has an affirmative duty to step forward and act to protect the integrity of the UTUIA. Failing to act in this manner would breach the Board’s own fiduciary duty of loyalty and place their personal assets in harm’s way. In making their decision, the Board of Directors should be mindful of the consequences that follow if the President is not removed from office. If Boyd remains as President of the UTUIA, and continues to remain in office for the remainder of his term, the policyholders and the UTUIA will undoubtedly continue to suffer financially through the trial scheduled for March 22, 2004, and beyond during any appeals. Boyd will no doubt use all the resources of the UTUIA to call witness, most likely UTU officers, employees, and probably members to support himself and Rookard in various capacities. Boyd will also incur travel expenses that can no longer be assigned to the UTU. These expense will, if a verdict of guilty is rendered by the courts and appealed, continue well beyond the March 22, 2004, criminal trial. Such disbursements from the UTUIA treasury will have a negative impact on the assets of the UTUIA. Any dollars spent in his defense will result in a loss to the policyholders that must be reconciled. The UTUIA Board of Directors, as did the UTU Executive Board, should give careful consideration to their role in this matter. I'm sure the Board realizes that the UTUIA is a very delicate institution. It's strength and welfare is measured in terms of sales, profits, or shareholder dividends. It is also measured by the respect it has painstakingly earned through many years of trials and tribulations by the efforts of officers and members at every level of our association. It is measured by the respect of the policyholders that willingly choose to purchase UTUIA products and support the goals of the organization with their premium dollars. It is measured by government agencies that monitor the fiduciary requirements of our association. By politicians who can assist in providing needed legislation for the benefit of the policyholders. It is measured particularly by other fraternal benefit societies and commercial insurance companies that compete for insurance contracts. When the top guy tarnishes our reputation, what happens? The UTU and the UTUIA is weakened, and the members seek, not only union membership, but also insurance coverage elsewhere. Who suffers? Our officers, the UTUIA employees, our policyholders, and the proud heritage of our organization. UTUIA policyholders, and the Ohio Department of Insurance should be sent a message load and clear, the UTUIA Board of Directors will not overlook the misconduct of its highest officers, and will act responsibly when called upon to self-govern our organization. While the government goes after Boyd for criminal violations, the just and right works of our insurance fraternity and its integrity should be protected by enforcing the highest standard of ethics upon our leaders. It is for this reason I ask the members of the Board to weight all of the information available to you, the interests of the policyholders, and make a decision that will move the UTUIA forward – remove UTUIA President Boyd from office. Fraternally yours,   Roger D. Griffeth Attachment: Letter dated January 12, 2004, referenced herein   8:24:41 PM    feedback []  trackback []   Google It!

The Next Step The Next Step As a result of the official "post" on the UTU’s web site announcing that: "The International Executive Board found Boyd guilty of violating the UTU Constitution and ordered he be "suspended" from office "without wages" and "for the duration of your current term." It is obvious that the Executive Board found Boyd guilty of not performing the duties and responsibilities of his office. It is also clear that the Board intended to fix a penalty that would fall into one of the three categories (censure, suspension, or removal from office) provided for in Article 25. The penalty of "suspension" fell into that category, with the stipulation "without wages" would appear to properly apply as well. However, the Board’s decision that Boyd’s discipline: "will automatically be revoked" and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed…" is completely out of line and, in my opinion, violates the language and the spirit of Article 25. I received a number of phone calls and e-mails from members with concerns that the decision to defer final disposition of the Article 16 violation to a jury in Houston, was improper, and asked me to address the matter. Keep in mind that I have not yet received an advance copy of the Executive Board’s decision as did the International, and I am working off the assumption that the report on the official web site for the UTU is correctly stated, if so, this is how I see the matter. Article 16 is the authority provided by the membership to allow one individual to control the UTU. Article 16 is also the portal to the legal duties and responsibilities under the LMRDA. Article 25 requires the Executive Board to conduct trails when a violation of Article 16 is alleged by a member after supporting evidence has been presented. Article 25 allows the President to defend himself against the charges at the hearing. Article 25 requires the assessment of a penalty when the President violates Article 16. After the penalty is assessed, Article 25 provides closure to the trial proceedings and the penalty is final and binding unless it is reversed upon appeal as provided in Article 26. Article 26 provides the President the opportunity to appeal the trail board’s penalty at the next UTU convention. Article 26 is the only review authority available to an international officer to reverse discipline. Article 25 provides for two bites of the apple for the President. First, to defend himself at the trial, and second to appeal at the convention, both, which are internal union procedures. I was always told that when someone uses the words like "but" or "however" that everything stated before that means nothing. For example, the Executive Board found Boyd guilty and suspended him without pay, but if the jury in Houston finds him "not guilty" then the members will be bound by the jury’s decision and not the union’s decision, and Boyd will be reinstated with back pay. Or if the jury finds him "guilty" then he will remain the President and his suspension, without pay, will continue for the remainder of his term in office. I especially have a problem with the language "…if the jury finds him "guilty" then he will remain in office the President and his suspension, without pay, will continue for the remainder of his term in office…" If Boyd is found "guilty" and appeals the jury’s verdict, he will be removed from the duties of his office by law, however, he will continue to be the President while the verdict is under appeal. If he is later found "not guilty" based on some legal technicality, he will be restored to office with back pay, as a matter of law. http://www4.law.cornell.edu/uscode/29/504.html TITLE 29 > CHAPTER 11 > SUBCHAPTER VI > Sec. 504. Whenever any person - (1) ...has been barred from office or other position in a labor organization as a result of a conviction, and (2) has filed an appeal of that conviction, any salary which would be otherwise due such person by virtue of such office or position, shall be placed in escrow by the individual employer or organization responsible for payment of such salary. Payment of such salary into escrow shall continue for the duration of the appeal or for the period of time during which such salary would be otherwise due, whichever period is shorter. Upon the final reversal of such person's conviction on appeal, the amounts in escrow shall be paid to such person. Upon the final sustaining of such person's conviction on appeal, the amounts in escrow shall be returned to the individual employer or organization responsible for payments of those amounts. Upon final reversal of such person's conviction, such person shall no longer be barred by this statute from assuming any position from which such person was previously barred. Can you see where I'm coming from?  If the law states that Boyd is entitled to back pay upon final reversal of the conviction, and the Executive Board based their penalty decision on the outcome of the trial in Houston, can the UTU really withhold Boyd’s pay after the "guilty" verdict in Houston is appealed through the federal court system?  One might believe that the Executive Board’s penalty decision to suspend Boyd "without pay" for the remainder of his term if the jury in Houston finds him "guilty", but the law appears to grant back pay upon reversal. The Board’s decision would have been more appropriately stated: "Boyd is suspended from office, without pay, for thirty days." The jury in Houston will determine what happens from that point. If Boyd is found "guilty" the law protects his salary while his case is under appeal. If the jury finds Boyd "not guilty" not a problem. What is look like to me, and I'm a nut so pardon me for a minute, the Executive Board found Boyd guilty, but is going to allow a jury in Houston determine his punishment.   (Remember everything before the "but") If the published decision of the Executive Board is not worded as the UTU web site would make one believe, then I can only apologize and redraft this editorial. For the meantime, what I am having trouble understanding is: 1) Where is the final and binding decision of the union for the Article 16 violation? I can understand the finding of "guilt" and a resulting penalty with a suspension of a fixed time period, however, I have a hard time understanding why the union's "jury of peers" and their finding of "guilt" can now be subject to reversal by a group of people in Houston who have no idea of what Article 16 is, nor the standard by which the union judges corrupt union officers. This authority was granted to the union by law, not the courts.   2) Will the jury in Houston be told that the Executive Board found the President guilty of Article 16 and the standard used to determine that guilt? No. 3) Will the U.S. Attorney be prosecuting Boyd for violating Article 16? No 4) Will the jury in Houston be told that in addition to the unrelated criminal charges being addressed in the court, they will also be required to judge Boyd based on the union's internal policies. No 5) If the jury in Houston finds Boyd "not guilty" of the criminal offense, does that mean he did not violate Article 16? No, what it means is that the U.S. Attorney failed to meet the government’s burden of proving "beyond a reasonable doubt" that Boyd was guilty. 6) Did the Executive Board find that Boyd was guilty based on the standard of "some evidence" as established by the U.S. Supreme Court for internal union trials? Yes Boilermakers v. Hardeman, 401 U.S. 233 (1971). 7) Did the Executive Board find Boyd guilty of violating Article 16? Yes 8) Is Boyd going to get another bite of the apple in Houston? Yes 9) Is it possible that Boyd did all of the things the indictment said he did, and could be found "not guilty" and be returned to office with pay and no penalty for violating Article 16? Yes 10) Is the Executive Board’s decision to allow another tribunal (that does not have standing in this internal matter) to assess the penalty in keeping with Article 25 of the UTU Constitution? That remains to be seen. So, where do we go from here? First we need to understand where we’ve been so we don't get lost. Fact: The determination was made that Boyd violated his fiduciary duties in that he did not discharge his financial duties faithfully and efficiently. Fact: Irregularity and neglect was found in the indictment and supported by Dennis’s plea agreement. Fact: Trustee Johnson failed to act on the violation and bring charges against Boyd. Johnson declined to bring charges against Boyd based on advice of an attorney hired by Boyd. The Board of Directors granted approval for Johnson to violate the exact requirements of Article 22, by approving the advice given to Johnson by the attorney hired by Boyd. A member brought charges against Boyd and Johnson. Fact: The Executive Board found Boyd guilty based on the information in the indictment and Dennis’s plea agreement, which was the same information the attorney hired by Boyd and the Board of Directors advised Johnson not to bring charges against Boyd. Problem: The discipline assigned to Boyd by the Executive Board may be reversed contingent upon the outcome criminal charges dealing with unrelated matters, such as Boyd’s involvement with taking money from attorneys in return for designations on the UTU’s FELA approved attorney list, three counts of union embezzlement, and two counts of witness tampering. Let me explain it another way. Paul likes to use railroad terms, so Case #1 - A railroad employee is involved in using drugs off-duty and is involved in an accident. He is arrested, indicted and awaiting trial. The railroad finds out about incident, investigates the matter, dismisses the employee. The carrier will await the outcome of the trail before final disposition of the case is resolved in court.  In this matter the verdict is relevant to the charges brought against the employee by the railroad. Case #2 – A railroad employee is on-duty driving a company vehicle and has an accident and is caught using drugs. He is arrested, indicted and awaiting trial. The railroad investigates the matter, a drug test is introduced as evidence, and the railroad dismisses the employee for violation of Rule G based on the positive results of the drug test. The carrier’s rule was violated and the outcome of the criminal matter is irrelevant to the discipline issued by the railroad for a violation of Rule G. What we have in this matter is the equalivent of the facts in Case#2. So now a decision must be made. Fact: The union’s rule (Article 16) has been violated. Should the fiduciary officers of the UTU have moved to protect the best interests of the members by assessing a final and binding decision which would have required Boyd to appeal internally, or should the jury in Houston be allowed to replace the responsibility of the Executive Board, and take away the authority of the members to hear his appeal at the convention?  Article 75, II (b) provides for the following: "Actions or decisions of Trial Boards may be appealed to the International President, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date on which the action or decision occurred. The General Secretary and Treasurer shall docket the appeal and present all papers relating to the appeal to the International President." "The International President will promptly render a decision on the appeal which shall be final and binding on all parties unless appealed to and reversed or modified by the Board of Directors. Appeals to the Board of Directors must be filed with the General Secretary and Treasurer within ninety (90) days from the date of the decision by the International President." What’s wrong with our Constitution? The Constitution does not contemplate that the International President would be found guilty of violating Article 16 in a union tribunal. Again, let look back and see what has happened. Fact: When the Executive Board proceeded with the charges, Boyd requested that Thompson represent him at the trial. Logical Assumption: Both Boyd and Thompson knew or should have know that Boyd might have actually been found guilty. Fact: If found guilty, Thompson would be elevated to the position of President. Fact: Disregarding the conflict of interest, Thompson represented Boyd at the trial. Boyd was found guilty. Fact: Thompson was elevated to President. In order to proceed with an appeal, an appeal of the trial board’s decision must be made to the President.  Just so happens, the current President is the same individual that has already taken the position that Boyd was not guilty. Now, Thompson, who knew or should have anticipated an appeal, must rule on the validity of the appeal submitted under Article 75. A conflict of interest that can only be resolved by the Board of Directors. While all of this is taking place, the UTU still has an indicted President who has been found guilty by the Executive Board temporarily under suspension awaiting the outcome of criminal charges that are unrelated to the union. The members now have to wait until the trial in Houston is over, and any appeal is completed before the Article 16 penalty can be validated. In the meantime UTU members still don’t where they stand with a President who has violated their trust and confidence and has yet to be officially disciplined, and may possibly never be disciplined for his violation of the Constitution. From now, until who knows when, the UTU remains under a dark cloud of suspicion. The fact is, if unchallenged, the Executive Board’s decision could set bad precedent for future trials. To find one guilty, and not access a definitive final and binding decision is not good business. What if this matter had been discovered internally and never found it’s way to the courts? What would the penalty have been for the Article 16 violation? Whatever the penalty decision agreed upon by the Board under those circumstances, should be the same penalty now. In the event the trial in Houston develops evidence of wrongdoing on the part of other International officers, and criminal indictments are issued in other federal or state jurisdictions against other individuals. How will the Executive Board handle the penalty accessed to the those found guilty, await the outcome of there trials as well? The old saying "justice delayed is justice denied" properly applies in the decision reached by the Executive Board. So, where do we go from here? I have no problem with appealing the Executive Board’s penalty decision to the President/Board of Directors. The trial will be over before the Board of Directors could rule on the appeal, but the penalty concept created by the Executive Board should not be allowed to stand, as it circumvents the due process of internal justice for both the members and the accused. Should the Executive Board’s decision be appealed? I’m leaving this up to you, the members of the UTU that visit this site, and feel the union is worth saving. If the appeal is submitted, it will not be by me as an individual – I will require a minimum of twenty-five individual members or 10 locals to co-sponsor the appeal. If your decision is to proceed, I will require signatures on individual appeals or action taken by locals. If I am the only one that will stand against the International, then we all might as well remain complacent and resolve ourselves to sit back and do nothing. It’s time to stand-up and be counted, or forever hold your peace. One monkey can show his ass, but he can make no show. Think about it, talk to others, formulate your position based on common sense, the decision rendered by the Executive Board, and the Constitution – not what I say. Bring this up at your next meeting, debate the issue then take a vote and get involved with your future.  To print the appeal letter, click on "File" on the top left corner of screen, select "Print.." Hopefully the letter will print on one page. Click here to print an appeal letter as an individual member. Click here to print an appeal as a local unit. Print some of the individual appeals out and pass them around the property.  Make sure a phone number is somewhere on the appeal just in case I need to get in touch with someone.  After the appeals have been signed, send them to me at the following address: Roger D. Griffeth, 11 Danby Court, Cartesville, GA - 30121 My phone number is 770-383-9503 if you have any questions.  8:19:14 PM    feedback []  trackback []   Google It!

One Big Union in Transportation? One Big Union in Transportation?  --Ron Hume                 The last twenty-five years or so has seen dramatic changes in the transportation industry, many brought on by deregulation. “Rationalization” of the nation’s railroads has cost hundreds of thousands of good union jobs over the past few decades. Meanwhile the myriad craft unions that the workforce has been historically divided into have all seen their numbers shrink, in some cases dramatically. It has become increasingly burdensome for each of these unions to support separate union structures and bureaucracies. Like many unions in basic industry, rail unions are driven to seek merger partners in face of dwindling memberships.                 But in the case of the recent Brotherhood of Locomotive Engineers (BLE) – International Brotherhood of Teamsters (IBT) merger, there is a little more to it than this. Having rebuffed not one, but two previous merger attempts proposed by the United Transportation Union (UTU), the BLE found itself on the defensive. After failing to acquiesce to its overtures, the trainmen’s union launched an all-out assault on the engineers union. First, the UTU cut a backroom deal with the major rail carriers to implement remote control locomotives (RCO) across the country in major yards, eliminating thousands of engineer positions . In addition, the UTU announced its intention to launch a series of winner-take-all elections on the nation’s freight railroads, contests that the UTU, in a numerically stronger position, felt it could win. In effect, this action on the part of the UTU amounted to a raid of the BLE. Having been sanctioned by the AFL-CIO, the UTU unceremoniously pulled out of the federation, where it is free to continue its raiding. With its back against the wall, under attack by the much larger UTU, the relatively small BLE sought refuge in a merger with the IBT.                 But ironically, many aspects of the proposed UTU-BLE merger (which had been so unpalatable to the engineers just a few short months earlier), appear nearly identical to the consummated IBT-BLE union. When the UTU unsuccessfully courted the BLE, enginemen rejected the proposal, citing a number of reasons, including the following: That the smaller BLE would play second fiddle to the larger UTU; That the craft of engineer would better be served by an exclusive union of enginemen only, not one combined with trainmen and others; That a merger would denigrate the craft of engineer, paving the way ultimately to the destruction of engineer as a distinct craft; and that such a merger would result in a top-heavy bureaucracy of the combined leadership of both unions. Whatever the merit of these fears regarding the proposed UTU merger, it would appear that the actual IBT merger does indeed embody all of this. The BLE is in fact, the junior partner in the merger to the much larger Teamsters; the BLE, as part of the merger is now the BLE&T, no longer strictly an enginemen’s craft union; and the bureaucracy of both unions has been preserved. Had the BLE not been so on the defensive, one can’t help but wonder whether the rank-and-file would have been so enthusiastic to vote for the IBT merger.                 Whatever the case, the marriage has been consummated. So what is the potential of this new organization? Like most union mergers in recent years, proponents of the IBT-BLE union point out a number of advantages to the new formation. The BLE&T will now have access to the vast resources of the much larger Teamsters union, including lawyers, research, finances for organizing, lobbying, etc. Then of course, there is the “strength in numbers” argument, simply put, that bigger is better. Finally, and perhaps most importantly, advocates of such a strategic alliance between rail workers and workers in the trucking industry claim that the new IBT-BLE&T has the potential to vastly increase the power of workers in the entire transportation industry.                 What can engineers expect in terms of “service” from their new parent union? For years, union membership in trucking has been in steady decline. In the face of deregulation, the Teamsters union has been unable or unwilling to organize over-the-road freight. Today, most trucking giants like J.B. Hunt, Fed Ex, and others operate non-union. A few years ago, the IBT half-heartedly engaged in a strike at Overnight, and has walked away unsuccessful. In fact, the Teamsters is hardly a transportation union any longer, as the vast majority of its membership is employed in other sectors of the economy. In addition, the union has a long history of conservative politics, mob influence, active collaboration with management, sweetheart deals with corporations and a lack of internal union democracy. Given its track record, engineers would be wise to expect little in the way of service, and organize and demand much.                 What about this idea of a “seamless transportation union”? For years, beginning with the American Railroad Union of the 1890s (the nation’s first industrial union), transportation workers have realized the pressing need for a cross-craft, and in more recent years, a cross-mode union of all transportation workers. Such a union could provide its membership (and, in addition, the entire labor movement!) with a powerful tool in dealing with today’s giant carriers. The ability to, in effect, shut down whole regions, or even the entire country, could go a long way toward rebuilding the strength of organized labor. Refusing to scab on each others’ strikes, including the refusal to handle freight which has been rerouted from modes under strike, would vastly increase the power of workers in both trucking and rail. Add inland waterways and air freight workers into the mix, and in theory, you have an invincible combination.                 However, we are hardly there right now. For starters, the UTU is very much on the outside, not just of the IBT, but of the AFL-CIO. Trainmen, yard masters, switchmen and enginemen of the UTU must somehow be included if such a seamless transport union is to exist. The contradiction and hostility between these organizations, and the animosity between the crafts of trainman and engineer must be overcome. In fact, the entire archaic and cumbersome craft union structure on the nation’s railroads still remains to be done away with before we can even really talk about building a powerful industrial union in transportation.                 Such a union is not merely built by the amalgamation of previously existing craft unions under a new umbrella. Unions with long histories of bloated bureaucracies, undemocratic practices, racism and sexism and craft elitism and exclusivity, union scabbing, sweetheart contracts and cozy labor-management relations cannot simply merge and by magic, create a stronger union. It is up to the rank-and-file of both unions (and that of the UTU, other rail unions, and other workers in the transport industry as well) to break out of the old craft union structure, to build a democratic movement, to demand decent contracts, to make a commitment to organizing, to break with the “republicrat” political machine that has in effect outlawed their right to strike, (to break the law if necessary!), and to act on the principle that an injury to one is an injury to all. Without all of this, what potential that may actually exist in the new IBT-BLE union will only be squandered. 1:12:12 AM    feedback []  trackback []   Google It!

Wednesday, March 03, 2004

FIRST SMALL STEP IN UTU REFORM   FIRST SMALL STEP IN UTU REFORM  Thanks to the efforts of former UTU International Secretary and Treasurer, Roger Griffeth, the UTU Executive Board has suspended International President Boyd, without pay. You can read about the charges Roger filed against Boyd and the details of the hearing in Cleveland at Rogers website:  www.reformit2004.org  There you will also find the entire Federal indictment against Boyd, et al., Charlie Little’s guilty plea, information about the possible use of union money to finance Boyd’s legal defense, and plenty of other interesting reading. If you are grateful for Roger’s efforts to bring about this first small step toward reforming the UTU and if you think more should be done in this direction, sending him a few dollars might just be the best investment you could make to this end. After all we are up against the millions (although dwindling) of dollars of our dues money that the current UTU political machine has at its disposal.  And unfortunately, the Executive Board’s action in itself will not heal the UTU. Removing one individual from office, even if he is a big part of the problem, will not correct the burden of an undemocratic, member-funded political machine that views rail workers and other labor organizations as the enemy and the carriers as its friends. The decision itself has been called into question by one online poster: The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. Dennis awaits sentencing. For that he is found guilty and suspended. Now comes the second part: The board also ruled Boyd’s suspension “will automatically be revoked” and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22. If he is guilty of the first part how does the second part relieve him of guilt? At least to me they seem to be separate issues.   But more and more members are calling for more member action to reform their union. They are talking about a special convention where a new vote on officers can be taken, informed about the indictments this time. Perhaps a recall provision can be added to the UTU constitution, something that was proposed at the last convention but soundly ridiculed by the Boyd Team and rejected by the Delegates. Many Delegates are regretting that decision. This small beginning offers us an  opportunity to make history by taking back our union from those who have hijacked it for personal gain. Will you take part in the difficult work ahead? 12:27:16 PM    feedback []  trackback []   Google It!

UTU Exec Board Letters to Boyd and Johnson UTU Exec Board Letters to Boyd and Johnson   Following are the written decisions of the International Executive Board: March 2, 2004 Mr. Byron A. Boyd, Jr. International President United Transportation Union 14600 Detroit Ave. Cleveland, OH 44107 Dear Brother Boyd, The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 24, 2004, in Cleveland, Ohio. For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial. On February 25, 2004, the EB met in the UTU headquarters building to deliberate. Upon completion of that deliberation, the EB voted and reached the following decision: "We the members of the International Executive Board of the United Transportation Union find you, Byron A. Boyd Jr., guilty as charged of violating Articles 16, 41 and 58 of the United Transportation Union Constitution." Further explanation: Article 16 The EB finds you guilty of violating lines 1 through 7 that read in part, "The International President shall be the executive head of the United Transportation Union, exercise general supervision over its affairs and interests including all subordinate bodies and shall preside at all sessions of International conventions. The International President may employ sufficient personnel and such other assistance as necessary to properly conduct the business and affairs of the United Transportation Union." The EB also finds you guilty of violating lines 13 through 17 that read, "Subject to Article 17, the International President shall perform all duties and responsibilities assigned under the Constitution and such other duties and responsibilities as may be necessary for the proper conduct of the affairs of the organization and the accomplishment of its objectives." You are found guilty of violating Article 16 for employing and directing the activities of Ralph Dennis who has pled guilty by and through his Plea Agreement before the United States District Court, Southern District of Texas, Houston Division, signed and dated October 2, 2003, to, "...conspiring with others to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) through the commission of two or more predicate acts, namely Honest Service Mail and Wire Fraud, and Interstate Transportation in Aid of Racketeering, and state commercial bribery, and embezzlement from a labor organization, in violation of Title 18, United States Code, Section 1962(d)." Article 41 The EB finds you guilty of violating Article 41, lines 39 through 42, which reads in part, "... to so conduct myself at all times as not to bring reproach upon my union and at all times bear true and faithful allegiance to the United Transportation Union." The EB decision finding you guilty of violating Article 41 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003. Article 58 The EB finds you guilty of violating Article 58, lines 25 and 26, that read in part, "...at all times conduct yourself as becomes a member of the United Transportation Union;" and lines 34 and 35 that read in part, "... you are expected to exercise good judgment and common sense in order to advance the best interest of the United Transportation Union." The EB decision to find you guilty of violating Article 58 is based on the aforementioned Plea Agreement of Ralph Dennis and your criminal indictment before the same court dated November 13, 2003. The EB, as provided by Article 25 of the United Transportation Union Constitution, assesses you, Byron A. Boyd Jr., the following penalty: "Byron A Boyd Jr., on this date, March 2, 2004, you are hereby suspended from the office of International President of the United Transportation Union. Your suspension is without wages and is in effect for the duration of your current term in office. This suspension will automatically be revoked and you, Byron A. Boyd Jr., will be automatically reinstated to your office as International President of the United Transportation Union with, all lost wages, if you are found not guilty, or if all charges are dismissed at the criminal proceeding to be held in Houston, Texas." The International Executive Board of the United Transportation Union, issues this decision and remains Fraternally yours, s/ Jim A. Huston, Chairman s/ John Risch, Secretary s/ Joe Boda, Member s/ Steve Dawson, Member s/ Craig Good, Member ----------------------------------- March 2, 2004 Mr. Dan E. Johnson General Secretary and Treasurer United Transportation Union 14600 Detroit Ave. Cleveland, OH 44107 Dear Brother Johnson: The International Executive Board of the United Transportation Union (EB) has reached a decision based on your trial held February 23, 2004, in Cleveland, Ohio. For your ready reference and for the benefit of explanation to those copied, I have enclosed a copy of the original charge letter, your response and the EB letter providing notice of trial. Upon reading the original charge letter, the EB did have some concerns and your letter to us responding to the charges fell far short of addressing those concerns. Having missed your ample opportunity to adequately respond, we proceeded to trial. There is another concern we have regarding your office providing UTU members with relevant information in situations involving an internal UTU trial. Plaintiff Griffeth requested a number of documents from your office as he prepared for your and Brother Boyd's trials. While some of the information he requested might have been properly denied, it was improper to deny every one of his requests. One excuse cited at trial why information was not provided to Plaintiff Griffeth was that he failed to list the specific line number on an LM2 report. Your representative (who also represented Brother Boyd) repeatedly claimed that Plaintiff Griffeth had "no evidence" in either trial. To base one's defense on the claim of "no evidence" after denying Plaintiff Griffeth access to the only source for that "evidence" makes a mockery of justice. It is the view of this EB that any member of the Board of Trustees who knows of any irregularity shall promptly file charges to the EB for review. We on the EB view Article 22, lines 10 and 11, referring to your duty as a member of the Board of Trustees and reading in part, "...where irregularity or neglect is found, it shall promptly prefer charges to the Executive Board,...," as the strongest constitutional protection our members have in seeing that the financial affairs of our great union are conducted honestly. However, your explanation at trial as to why you did not file charges as required by Article 22 was sufficient to satisfy the EB that a reasonable person could have made the same decisions you did, based on the information you had at the time. On February 25, 2004, the EB met in the UTU headquarters building to deliberate and after reviewing all the facts associated with the charges, the EB voted and reached the following decision: We the members of the International Executive Board of the United Transportation Union, issue you this decision and remain. Fraternally yours, s/ Jim A. Huston, Chairman s/ John Risch, Secretary s/ Joe Boda, Member s/ Steve Dawson, Member s/ Craig Good, Member March 2, 2004 10:55:36 AM    feedback []  trackback []   Google It!

Boyd Suspended Without Pay Paul Thompson elevated to international president CLEVELAND – United Transportation Union Assistant President Paul C. Thompson will assume the duties of the Office of President of the UTU following the March 2 decision of the UTU International Executive Board to suspend from office President Byron A. Boyd Jr. The UTU Constitution provides for Thompson’s elevation. The International Executive Board found Boyd guilty of violating the UTU Constitution and ordered he be “suspended” from office “without wages” and “for the duration of your current term.” The board found Boyd guilty of violating the UTU Constitution with regard to hiring and directing of UTU employee Ralph Dennis, who pleaded guilty in federal court to charges of racketeering, fraud, bribery and embezzlement. Dennis awaits sentencing. The board also ruled Boyd’s suspension “will automatically be revoked” and that Boyd would be reinstated with all lost wages if he is found not guilty of federal criminal charges currently pending in Houston, Texas, or if the charges are dismissed. That trial is scheduled to begin March 22. Separately, UTU General Secretary and Treasurer Dan Johnson was found by the International Executive Board “not guilty” of charges of violating the UTU Constitution and was specifically exonerated. “It is with heavy heart that I assume the duties of president,” Thompson said. “Byron Boyd’s vision at the negotiating table gained for our members unprecedented job security and an improved standard of living. This was accomplished in the face of Republican control of the House, Senate and White House, which has emboldened employers elsewhere to cut employment, wages and health care. “My first action upon taking the office,” Thompson said, “was to reach out to former presidents Al Chesser and Tom DuBose. Each pledged his advice and support during this very difficult period. I shall be calling upon them frequently as we begin a healing process and continue our leadership role among other organizations. “At this difficult moment in our history, be assured I will dedicate all my energies to maintain this union as one of the strongest. We should not forget it was the UTU that led the successful fight to increase Railroad Retirement benefits, emergency funding for Amtrak and federal dollars for bus operator training,” Thompson said. “The UTU won job protection in the face of carrier implementation of new technology. The UTU negotiated trip rates, which ended the two-tier wage system, put to bed forever carrier attempts to increase the basic day, and provided members with predictable pay checks with fewer computational errors,” Thompson said. “And the UTU negotiated some of the best bus operator and bus mechanic contracts out there.” General Secretary and Treasurer Dan Johnson said that Thompson, a locomotive engineer, “is among the UTU’s strongest advocates for preserving craft autonomy. He has been a key and effective member of the national negotiating team and one always willing to assist other officers in preparing for difficult grievance and arbitration proceedings.” March 2, 2004 1:09:31 AM    feedback []  trackback []   Google It!

Worldwide day backs railways MEDIA STATEMENT 25/02/2004                                                   For immediate release   Worldwide day backs railways   Rail workers in over 45 countries worldwide will be backing railways as an essential means of transport as part of the fifth ITF (International Transport Workers' Federation) global rail action day on 31 March 2004. The day underlines the message of 'Safety First', and brings together over a quarter of a million rail workers in activities to promote the positive benefits of well run, safe rail networks. Participants choose the most appropriate activity for their national situation - from handing out flowers and leaflets to explain rail's ecological benefits to the sounding of horns across Latin America at midday to remember colleagues who have died in accidents. Meanwhile in Lille rail workers will attend a rally hosted by French trade unions and the ITF's regional arm the ETF. Mac Urata, Secretary of the ITF's Inland Transport Section, commented: "Every country has its own experience of rail, whether it be of networks cherished and supported by governments and public, or systems under threat from privatization, deregulation and deskilling. What they all have in common is a workforce who realise that safety has to be the first priority."   For more information contact ITF press officer, Sam Dawson, direct line: + 44 (0)20 7940 9260. E-mail:dawson_sam@itf.org.uk International Transport Workers Federation ITF: HEAD OFFICE, ITF House, 49 - 60 Borough Road, London SE1 1DS,Tel: + 44 (0) 20 7403 2733, Fax: + 44 (0) 20 7375 7871, Email:mail@itf.org.uk 12:56:29 AM    feedback []  trackback []   Google It!

Rail worker’s asthma case called first of its kind Rail worker’s asthma case called first of its kind   (The following story by Mark Reiter appeared on the Toledo Blade website on February 23.)   TOLEDO, Ohio -- Two years ago, a jury in Lucas County Common Pleas Court awarded $625,000 to a railroad employee who contracted asthma from inhaling diesel fumes while working as a locomotive engineer.   At the trial in the lawsuit brought against Norfolk Southern Corp. by Rodney Cutlip, medical experts testified that his asthma was caused by exposure to diesel fumes on the job.   The jury also heard from Mr. Cutlip’s co-workers who testified about ill-fitting and poorly maintained doors on locomotive cabs that allowed diesel fumes to get inside, and said they often used duct tape to seal the cracks.   The jury’s verdict stands because the Ohio Supreme Court declined in December to consider the railroad’s appeal.   While the courts have held railroads liable for similar workplace conditions that have caused cancer, it is believed to be the first for an employee who got sick from inhaling diesel fumes.   "This is the first case of its kind in the country. There had never been a case in which an employee successfully claimed that diesel fumes caused asthma," said E.J. Leizerman, a Toledo attorney who represented Mr. Cutlip.   According to Mr. Leizerman, his client filed the suit, in part, to get Norfolk Southern to address the fumes in the engineers’ compartment, providing a safe workplace for him and his co-workers.   The jurors heard testimony from employees about the railroad’s practice of operating trains in "long hood forward," which placed the locomotive engineers at the back of the engine and the smoke in front of them, thereby exposing them to more fumes.   In addition, Mr. Cutlip’s co-workers testified that Norfolk Southern often engaged in "deadheading," a practice in which engineers were kept in train locomotives at the end of their work shift. Instead of using vans to get the employees home, they were returned to a train yard in a passenger car behind the engine, where they were subjected to the down-wind path of diesel fumes.   Despite the jury award, Norfolk Southern has not addressed the issues raised at Mr. Cutlip’s trial, said John Bentley of the Brotherhood of Locomotive Engineers in Cleveland. The union represents about 35,000 engineers, conductors, and other employees.   "There is no evidence that Norfolk Southern made any improvements to locomotive cabs to reduce the possibility of diesel exhaust entering the cabs. There is not evidence the railroad improved insulation in the cabs or anything of that nature," he said.   Rudy Husband, a Norfolk spokesman, said the railroad would not commenton the Cutlip case, and it has a policy of not talking about lawsuits filed against the company. He also would not discuss the conditions of locomotives or its practices of long hood forward and deadheading.   Mr. Leizerman said Norfolk did not appeal the jury verdict to the U.S. Supreme Court. He said the railroad settled the case with his client, paying him the $625,000 jury award and about $100,000 in interest.   Mr. Cutlip sued his employer under the Federal Employers’ Liability Act, a federal law that provides compensation for railroad employees who were injured on the job.   Enacted by Congress in 1908, the law is used as the basis for civil lawsuits for injuries resulting from a railroad’s negligence, and covers everything from dismemberment, hearing loss, and carpal-tunnel to other health problems caused by exposure to asbestos, chemicals, and solvents.   The law allows railroad employees to sue for compensatory damages, but it does not allow them to receive punitive damages.   Last year, the U.S. Supreme Court upheld a $5.8 million West Virginia jury award to six retired Norfolk Southern employees who believed they were exposed to asbestos at their workplace.   The court ruled that workers, who all have asbestosis, may win damages for their fear of contracting asbestos-related cancer.   Tom White, a spokesman for the Association of American Railroads, said FELA lawsuits cost the industry about $1 billion annually in jury verdicts like the Cutlip case and out-of-court settlements, administrative costs, and attorney fees.   "Lawsuits are filed virtually on anything. They are an unfortunate fact of life in business today, and an awful lot of lawsuits are filed," Mr. White said. "It is definitely a high cost of doing business.   "We are the only industry covered by this law. It puts a greater burden on the railroad than any other business facing employee-related injury cases," he said.   Monday, February 23, 2004 12:52:32 AM    feedback []  trackback []   Google It!

Last update: 5/25/2005; 4:31:39 PM.