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Updated: 5/25/2005; 4:46:10 PM.

 


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Tuesday, April 19, 2005

AFL-CIO Executive Paywatch.
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UPDATE 1-Union Pacific sued; breach of duty claimed
Tue Apr 12, 2005 01:27 PM ET

(Adds details, company, analyst comment, safety data)

By Reshma Kapadia

NEW YORK, April 12 (Reuters) - Union Pacific Corp.(UNP.N: Quote, Profile, Research) , the largest U.S. freight railroad, said on Tuesday it has been sued by shareholders who claimed the board breached its fiduciary duty for allegedly disregarding problems related to railroad safety and compliance with governmental regulations.

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Cultural war's not over for today's Rosies

By SUSAN PAYNTER
SEATTLE POST-INTELLIGENCER COLUMNIST

We saw Rosie the Riveter's bulging bicep but never her bulging belly.

Once pregnant, the first women to enter "the trades" knew they'd better beat a fast exit as soon as they started to "show." The same once held for females who worked traditional women's jobs as teachers, nurses and bank tellers. I remember my own fifth-grade teacher's mysterious disappearance and the whispers about where she went.

The progress we've forged since those hideaway days is one spark for the celebration today at the 26th Annual Women in Trades Fair (free from 10 a.m. to 4 p.m. at Seattle Center's Fisher Pavilion). It's a networking, job-seeking, success-flexing event and several of those original "Rosies" will attend.

One measure of progress is that newspapers no longer write those cute "first woman" stories about women out on road crews, up on telephone poles and down in auto bays.

But we also rarely write about the problems still plaguing people like Burlington Northern-Santa Fe freight train conductor Jeanette Wallis, now eight months pregnant and several weeks out of money, options and luck.

For months, as she grew bigger and dangerously clumsy on the job, Wallis sought to switch to "light duty" in order to work as long as possible and save her money and her Family and Medical Leave Act benefits to use closer to the birth of her baby girl.

"Light duty" can be touchy and elusive. But it is often the only way a blue-collar woman who must lift, climb or dig can hold on to crucial checks and insurance coverage.

With one week of accrued vacation pay, no paid sick leave and no "retirement fund" benefits available to her until July (well after her due date), Wallis was feeling squeezed by more than her jeans.

She called the Railroad Retirement Board, the Brotherhood of Locomotive Engineers and Trainmen, the BNSF Employee Assistance Program, her supervisor, human resources and, finally, BNSF chief executive officer Matt Rose.

 
I called him too, just to get the gist of current policy on light duty for pregnant employees. But he never called back.

Next I was told to call or e-mail Dick Russack, vice president of corporate communications. But he never called or e-mailed back.

So I called Wallis' supervisor, who said regional spokesman Gus Melonas would have to respond. And he did, by reading me a statement from the manual: "BNSF complies with the FMLA in regard to pregnancy-related issues," he intoned. Beyond that, the company complies with union-negotiated leave benefits. As for light duty, those jobs are for folks injured on the job who can be expected to return immediately to work.

And that can be the prickly part, according to one of "the trades'" pioneers -- Nettie Doakes, the first African American line worker in the country who now runs apprenticeship programs for Seattle City Light.

"Only one 'species' gets pregnant," she laughed. But, if light-duty work is given on the basis of pregnancy instead of illness or injury, male employees can claim discrimination.

Even so, City Light seems to find ways to match "work processes" with physical capabilities often enough that the women in Doakes' program can stay on the job well beyond their sixth month of gestation. Well beyond the point where, at 29 weeks, Wallis nearly fell from a locomotive and reluctantly took herself out of the game.

Karen DeVenaro, who's an apprenticeship coordinator at City Light, is eight months along now, herself. And she said that, while desk jobs aren't always available for all who need them, pregnant laborers, utility construction workers and vault diggers there usually find other meaningful work long enough to avoid Wallis' pregnancy predicament.

And, with one month to go, that predicament is pretty dire.

"Just work as long as you're able. And good luck," is what Wallis heard over and over as she pursued and failed to find light-duty jobs.

"Well, that's the nature of the job," some told her. "Maybe your baby will be born premature (so she could come back to work sooner)," one male co-worker cheerfully said.

Finally, desperate, Wallis asked the Department of Health and Human Services for help. No dice. She had too much money in her bank account -- although it was just 300 bucks over the cost of her rent.

She was given a long list of "faith-based" charities. But they said that if DSHS couldn't help, neither could they. Unless, that is, she wanted to give the baby up for adoption.

Faced with a similar dilemma back in 1989, fellow BNSF conductor Janet Gryson (now with Amtrak) filed and won a lawsuit for light duty with the help of the ACLU.

The victory came long after it did Gryson any good, personally. But the suit did change railroad policy, although it didn't last. With the Burlington Northern merger with Santa Fe came new limitations on access to lighter jobs.

"Do they want to be mommies or railroad workers?" was one memorable sound bite at the time of Gryson's suit.

The answer is that today's Rosies want to be both. Maybe one of the workshops on empowerment at today's Trades Fair will help them find a way.


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Federal agency investigating Canadian Pacific Railway

State Wire

April 15, 2005 0415BC-MN--CANADIANP

MINNEAPOLIS (AP) - A federal agency is investigating whether the Canadian Pacific Railway violated regulations by shipping undeclared hazardous materials in Minnesota.

The Star Tribune, in a story for Saturday's editions, reported that the investigation follows allegations by the United Transportation Union that the railroad has not provided accurate information to crews about the contents of some trains.

Railroad officials said the problem was promptly corrected last year, but federal officials told the newspaper they are reviewing more allegations. CP has 1,239 miles of track in Minnesota, second in the state only to BNSF.

The trains allegedly contained unlisted cars carrying hazardous materials, such as propane, or empty cars with toxic residues, the newspaper reported. But the crews on the trains allegedly had no documents and were unaware of the cars, it said.

The trains had no accidents, however.

The alleged violations are serious, said Rep. James Oberstar, D-Minn., senior Democrat on the U.S. House Transportation and Infrastructure Committee, which has jurisdiction over railroads.

"It's illegal to move undeclared hazmat (hazardous material)," Oberstar said. He said emergency personnel need to know what chemicals are on trains, so they can properly respond if there's an accident.

The federal inquiry stems from a letter sent by Phillip Qualy, Minnesota legislative director of the UTU, to Larry Hasvold, regional administrator of the Federal Railroad Administration in Chicago, last August.

Qualy alleged "repeated movement of trains" with inaccurate cargo lists due to "the carrier's unsafe operating practices."

Hasvold wrote back to Qualy in November that a federal investigator had documented seven instances of noncompliance and that his office was recommending civil penalties against the railroad.

The final determination on violations and penalties is up to the agency's chief counsel, but 90 percent or more of recommended violations sent by regional offices are sustained, said Steve Kulm, the agency spokesman.

Penalties for violating regulations on hazardous-material shipping documents range from $2,000 to $32,500 per violation, though the high figure is not levied often, he said.

Railroad spokeswoman Laura Baenen said that as a result of federal concerns in August, the CP implemented a new verification process for trains departing its St. Paul yard. She said it includes additional required verification checks by UTU employees and local yard managers, resulting in 99.4 percent accuracy for trains leaving the St. Paul yard in March. When errors are discovered, she said, train crews are radioed with information about cars with hazardous materials.

However, the union official sent the agency another letter in February alleging other trains with undocumented cars carrying hazardous materials.

The union contends that an electronic scanning system sometimes fails to record some cars. The lists remain inaccurate, it says, because the CP no longer uses clerks to check the cars, leaving the task to overworked yardmasters and switch crews.

Baenen said the clerks were duplicating the work of switch crews and that the accuracy rate has been higher since clerks stopped doing the work.

Oberstar said the problem isn't limited to one railroad.

"The problem is not limited to the CP," he said. "It's industrywide, and we just have to get tougher with them."

Oberstar said a bill before Congress would step up enforcement and launch an investigation by the Government Accountability Office into the amount of undeclared hazardous material aboard trains.

 

Canadian Pacific Railway faces hazardous-material allegations

Randy Furst, Star Tribune

April 16, 2005 RAILROAD0416

The Canadian Pacific Railway is under investigation by the Federal Railroad Administration for violating federal regulations in the shipping of hazardous materials in Minnesota last year.

The investigation follows accusations by the United Transportation Union (UTU) that the railroad has not provided proper information to train crews about the contents of some trains when they pull out of state railroad yards, including its St. Paul yard.

The railroad's officials say the problem was promptly corrected last year, but federal officials say they are reviewing more allegations. The Canadian Pacific (CP) has 1,239 miles of track in Minnesota, second in the state to the Burlington Northern Santa Fe.

The trains allegedly contained unlisted cars carrying hazardous materials, such as propane gas, or empty cars with toxic residues. But the crews on the trains allegedly had no documents and were unaware of the cars. The trains had no accidents, however.

Rep. James Oberstar, D-Minn., senior Democrat on the U.S. House Transportation and Infrastructure Committee, which has jurisdiction over railroads, said this week that the alleged CP violations are serious. "It's illegal to move undeclared hazmat [hazardous material]," Oberstar said. He said emergency personnel need to know what chemicals on trains might injure or kill people in the event of a railroad accident.

The federal inquiry stems from a letter sent in August by Phillip Qualy, Minnesota legislative director of the UTU, to Larry Hasvold, regional administrator of the Federal Railroad Administration in Chicago. Qualy alleged "repeated movement of trains" with inaccurate lists due to "the carrier's unsafe operating practices."

Hasvold wrote Qualy in November saying that a federal investigator was able to document seven instances of noncompliance and that his office was recommending the assessment of civil penalties against the CP.

The federal agency's chief counsel makes final determination on violations and penalties, but 90 percent or more of recommended violations sent by regional offices are sustained, said Steve Kulm, the agency spokesman. He said penalties for violations of regulations of hazardous-material shipping documents range from $2,000 to $32,500 per violation, though the high figure is not levied often.

Laura Baenen, CP spokeswoman, said that as a result of federal concerns in August, the CP implemented a new verification process for trains departing its St. Paul yard. She said it includes additional required verification checks by UTU employees and local yard managers, resulting in 99.4 percent accuracy for trains leaving the St. Paul yard in March. When errors are discovered, train crews are radioed with information about cars with hazardous materials, she said.

However, the UTU's Qualy sent the agency another letter in February alleging other trains with undocumented cars carrying hazardous materials.

The union says that an electronic scanning system sometimes fails to record some cars. The lists remain inaccurate, it says, because the CP no longer uses clerks to check the cars. The union says that overworked yardmasters and switch crews are left to do the checking. The CP's Baenen said that clerks were duplicating the work of switch crews and that since clerks no longer do the work, the accuracy rate has been higher.

Oberstar said he's familiar with the alleged CP violations.

"The problem is not limited to the CP," he said. "It's industrywide, and we just have to get tougher with them." He said a bill before Congress would step up enforcement and launch an investigation by the Government Acountability Office into the amount of undeclared hazardous material aboard trains.


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