UTU Daily News Digest

 

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Information of interest to operating railroad and transportation employees

Monday, December 13, 1999

CALIFORNIA: Key L.A. official backs move to break up MTA

LOS ANGELES -- The focus of the political drive to break off an independent San Fernando Valley transit system shifted abruptly Friday as a top Los Angeles official moved to embrace a regional pact that would pursue the proposal, the Los Angeles Times reported.

Chief Legislative Analyst Ron Deaton, who had bottled up the proposal, reluctantly recommended that the city join the county and eight cities in pursuing a split from the Metropolitan Transportation Authority.

Deaton had been pressed by Councilwoman Laura Chick and County Supervisor Zev Yaroslavsky, among others, to relinquish his stranglehold on the issue.

City Council members had been waiting for Deaton to complete his analysis and recommendation before acting on the proposal.

Despite his written advice, Deaton insisted that a breakaway district had yet to prove it can survive financially. He suggested the council reconsider in a year, and pull out of the joint powers authority--the group considering the breakaway plan--unless a transit district is viable.

Deaton said a Valley zone would face a deficit of $70 million over the next three years if it is forced to accept a proposal by the MTA. The MTA has offered to pay $69 per hour per bus for services it would turn over to the new agency.

"This is the most serious challenge to the zone's feasibility," Deaton wrote in a report to the council Friday. "Clearly . . . if this gap cannot be closed, there cannot be a San Fernando Valley Transit Zone."

On Wednesday, Yaroslavsky wrote to Los Angeles officials, complaining that the city's refusal to sign on was "the only thing holding up progress" in the effort to dismantle the MTA.

Chick said she was prepared to force the issue in the council had Deaton not acted.

The council's top advisor said he was recommending the city join "to accommodate other member agencies" and to make sure that other cities share part of the $140,000 cost for a financial study on the MTA's subsidy proposal.

"I'm pleased," Yaroslavsky said of Deaton's action. "For the Valley Transit Zone to work, it is going to require the city's involvement."

First proposed two years ago, the idea of a Valley Transit Zone has been bogged down in financial negotiations and politics. State legislation that would have doomed the idea by requiring the zone to match wages and benefits paid by the MTA was vetoed by Gov. Gray Davis in early October, giving the proposal new life.

At issue is how much the MTA is willing to pay for the services it will no longer provide. Consultants for the agency estimate the MTA is spending $103 per hour per bus on its Valley service, but that the zone could provide the service for about $88 per hour.

Yaroslavsky and Chick said Friday they believe the joint powers authority will be able to find a way to make the Valley Transit Zone financially feasible.

"It has worked in other areas, including the San Gabriel Valley. I don't know see why we can't make it work in the San Fernando Valley," Chick said.

The officials said poor bus service provided to the Valley by the MTA is an incentive to make it work.

"The agency there now is not meeting the mass-transit needs of the San Fernando Valley," Chick said.


OHIO: Railroad posts reward in conductor's assault

AKRON - A conductor who was attacked and beaten last week at a rail yard said he was impressed by his company's offer of a $10,000 reward for the arrest and conviction of the assailant. But he said it won't ease his concerns about working conditions, the Cleveland Plain Dealer reported.

Jeffrey Weisgarber said last Monday's incident was the second time in three years that he has been attacked while working for the Wheeling & Lake Erie Railway Co., based in Brewster, Ohio.

"It is a good start for all the problems we have been having," he said yesterday. "There is no security on Wheeling property."

Weisgarber said that in January 1997, when he was at a rail yard in Cleveland about 1 a.m. one night, two men assaulted him, breaking his nose and kicking him so many times that he still has back problems. Those men were never arrested.

On Monday, he got a ride from the Brewster headquarters to Akron, where he was to drive a train back to Brewster. According to the police report and Weisgarber, he was working on the train under the Ohio 91 bridge at Interstate 76 and Gilchrist Rd. at 2:30 a.m. when a man came out from behind a pillar and attacked him.

He was repeatedly hit in the face but fought back, and the attacker ran away.

Weisgarber had bruises and swelling on his face from the incident. He expects to return to work soon.

"I am afraid to go out there and do my job," he said. "What will happen next time?"

Weisgarber, 43, of Beach City, said he has worked for Wheeling & Lake Erie since 1993. "A reward is something they should have done years ago," he said.

The railroad purchased a half-page newspaper advertisement, which ran yesterday. It said those with information should call the Akron police detective bureau.

That was news to the detectives, who knew nothing about the case, since it was an assault. Captain Rick Mullins said the department now has the information if anyone calls. He said he was impressed the company would pay such a high reward for an assault case.

Bill Callison, vice president of law and government relations for the railroad, said the company is concerned about its employees.

The Wheeling & Lake Erie Railway Co. employs 350 people and runs its trains over 800 miles of track in Ohio, West Virginia and Pennsylvania.


ILLINOIS: RTA passes budget; more cash on way for CTA, PACA and METRA

CHICAGO -- All three Chicago-area mass-transit systems should have more money to work with next year, according to the Regional Transportation Authority, which passed its 2000 budget Thursday, the Chicago Tribune reported.

The budget calls for increases in funds for day-to-day operations and major projects, thanks to state and federal largess.

The RTA gets money from sales taxes and government grants and borrows more through bonds.

It distributes the money to the Chicago Transit Authority and the suburban Pace and Metra transit systems.

The agency projects that its pool of operating money will grow almost 7 percent next year, to $881 million--largely because sales tax collections are expected to grow about 4 percent, said Joe Costello, the RTA's chief financial officer.

However, higher labor and fuel costs are expected to drive up expenses more than 10 percent, to $738 million, he said. 

The rest of the operating money will go toward construction and renovation projects, like installing air conditioning on CTA buses.

Combining that and other funds, the RTA expects to have $826.5 million for capital projects next year, almost 50 percent more than it did this year.


NEW YORK: Fire disrupts train service in NYC

NEW YORK -- A fire in Penn Station made a mess of thousands of shopping excursions and holiday visits on the last weekend before Christmas, the Associated Press reported. 

Trains came to a halt on Amtrak and suburban commuter railroads after a two-alarm fire was reported Sunday in a communications shed at 3:17 p.m. on one of the busiest travel days of the year. 

Penn Station slowly filled with smoke and was evacuated for four hours as Amtrak passengers waited through hours-long delays up and down the East Coast. 

There were no reported injuries, but service was suspended for hours on Amtrak, the Long Island Rail Road and New Jersey Transit, stranding thousands of travelers. 

Amtrak reported delays for Northeast Corridor trains between Washington, D.C., and Boston. Trains heading south from Boston were stopping at New Haven, Conn., and northbound trains were halted in Newark, N.J. Trains began running through Penn Station again by the early evening. 

In New York, Penn Station was filled with would-be passengers lugging shopping bags. A performance of "The Christmas Carol" at the Theater at Madison Square Garden was delayed for an hour, but a New York Rangers game was played as scheduled. 

"I came in to see the tree," said Gus Brandstatter of Howell, N.J., referring to the 100-foot-tall Christmas tree in Rockefeller Center. "It looks like I'm staying here."

The damage to switching and signal equipment was extensive. Some Long Island Rail Road trains into the station experienced 15-minute delays this morning, and some were diverted to stations in Brooklyn and Queens. Service was normal for Amtrak and New Jersey Transit. 

"What burned had controlled all the switches and the signals," Amtrak spokesman Russell Hall said. 

Fire department officials said the blaze was suspicious. Investigators were seeking to interview homeless people, who sometimes visit the area around the shed.


NEBRASKA: Each Union Pacific commodity business group surpasses $1 billion in annual revenue

OMAHA -- For the first time ever, all six Union Pacific Railroad commodity business groups have each surpassed $1 billion in annual revenues, the railroad said in a press release. 

Latest to hit the billion dollar milestone was the Automotive business group, which transports finished cars and trucks as well as auto parts for General Motors, Ford, DaimlerChrysler, Toyota and other customers.  The Automotive group contributes nearly 11 percent of Union Pacific's annual revenues, which are projected to approach $9.9 billion in 1999. 

The railroad's largest commodity business group is Coal (22 percent of revenues), followed by Industrial Products (19 percent), Intermodal (17.5 percent), Chemicals (16 percent) and Agricultural Products (14.5 percent). 

"Each of our commodity groups is making significant contributions to what we anticipate will be almost 9 percent revenue growth this year," said Jack Koraleski, Executive Vice President Marketing. "Within every group, we are gaining market share and growing revenue and volume. Our growth momentum is being helped by stronger demand than we anticipated."  During the week before Thanksgiving, UP's 7-day volume hit 178,700 carloads -- the highest in history. 

"Certainly, the key has been accelerating operational improvements across the board," Koraleski said.  He cited substantial improvement in UP's network velocity -- train speeds -- as the catalyst for major gains in dozens of operating measures, including car cycle times and locomotive availability. 

"Steadily improving operating performance is the single biggest factor in earning customer confidence in our ability to deliver," Koraleski said. "Overall, we expect to grow our revenues by nearly $800 million this year. This sets the stage for continued growth in 2000 and beyond."


TEXAS: Royalty owners win class action status in suit against Union Pacific Resources

HOUSTON -- Fleming and Associates announced that more than 27,000 royalty owners from across the State of Texas have been granted class action status in their fight against the Ft. Worth-based Union Pacific Resources Group, Inc. (NYSE: UPR), a press release said. 

Also included as defendants in the suit are four entities affiliated with the parent company (UPRG):  Union Pacific Resources Company, Union Pacific Fuels, Inc., Union Pacific Oil and Gas Co., and Union Pacific Austin Chalk Company. 

The lawsuit, filed in Brenham, Texas by the Houston-based law firms of Fleming & Associates, L.L.P. and Looper, Reed, Mark & McGraw, Inc., and the Brenham firm of Moorman, Tate, Moorman, Urquhart & Haley, L.L.P., seeks to recover damages owed to the royalty owners.  The class action certification order, signed on December 7 in state court in Brenham, allows parties owning royalty interests under leases located in the State of Texas to seek recovery for underpayment of royalties from Union Pacific Resources for natural gas production occurring during the first quarter of 1994 through the present. 

"Under Texas law, Union Pacific Resources has a duty to these royalty owners to market their gas diligently," said Robert R. Herring, Jr., Fleming & Associates.  "Union Pacific Resources failed to market the gas diligently in this case because they simply sold the gas to an affiliate and paid royalty on the proceeds from this sham transaction, instead of on the proceeds that UPR actually received on the open market."  Herring estimated the damages as approaching $100,000,000.  "While discovery has not been completed, we believe the damages will be substantial." 

The lawsuit alleges that Union Pacific Resources engaged in a deliberate scheme aimed at lowering royalty payments to the royalty owners.  "The net effect of UPR's slight-of-hand operations was to take dollars away from a lot of folks who depend on these checks to make ends meet," said Will Bowen, former teacher and class action suit representative.  "What they did was quite clever.  They shifted the value of the natural gas production away from the point where the royalties were calculated to a position downstream in a wholly owned subsidiary.  They sold the natural gas through a process of inter-affiliate sales from one wholly owned subsidiary to another at an arbitrary price.  These controlled transfer prices were then used as the basis to calculate our royalty payments." 

"UP Fuels, one of the wholly-owned players in this calculated drill, was sold by Union Pacific Resources for $1.35 billion to Duke Energy in early 1999," Herring said.  "We believe that after this sale Union Pacific Resources has continued to market the gas to Duke Energy based on arbitrary and artificial index prices rather than marketing the gas with due diligence in order to obtain the best deal reasonably possible.  Essentially we believe that the practice of short-changing the royalty owners continues today." 

In a separate case in federal court, Union Pacific Resources Corp. and five other oil and gas companies reportedly agreed to pay a $71 million settlement for underpaid royalties on oil production which when combined with other individually negotiated settlements is estimated to total more than $276.3 million.


ILLINOIS: Amtrak's Kentucky Cardinal service showcased for Louisville area customers

CHICAGO -- Amtrak's newest train, the Kentucky Cardinal, rolled into the station in Jeffersonville, Ind., Saturday morning, ending a 20-year absence of passenger rail service in the Louisville metropolitan area, a press release said.

"The new Kentucky Cardinal strengthens Amtrak as a business because we are restoring an important market for our passenger rail system," said Ed Ellis, Amtrak Vice President.  "The Kentucky Cardinal fills a transportation gap for people in this area who can now take advantage of convenient rail travel to Indianapolis, Chicago and the rest of our over 500 destinations."

The Kentucky Cardinal broke a huge paper banner upon its arrival.  Those riding the train on its inaugural trip from Chicago disembarked the train and joined a reception co-hosted by dignitaries from Jeffersonville, Louisville, Amtrak and the Louisville and Indiana Railroad.  Following the ceremony, as the guest of honor, the Kentucky Cardinal was put on display for the general public for two-and-a-half hours.

"It's exciting to have Amtrak extend its service to our area," said Louisville Mayor David Armstrong.  "Louisville and Chicago have a lot to offer and traveling by rail has always been an enjoyable mode of transportation. This is a great opportunity for both cities."

"This is much bigger than I ever thought it would be, and I thought it would be big," said Jeffersonville Mayor Tom Galligan.  "This is a tremendous shot in the arm for the whole region.  I've had so many people come up and express gratitude because they are afraid to fly and don't want to drive.  It gives people access to be able to travel the whole country."

Peter Gilbertson, Chairman of the Louisville & Indiana Railroad said, "We hope this is the first step in a renewed regional awareness of the value of rail freight and passenger networks."

The southbound Kentucky Cardinal will depart Chicago Union Station each evening at 8:10 p.m. CST and arrive in Jeffersonville at 8:40 a.m. EST the following morning.  The northbound Kentucky Cardinal will depart Jeffersonville each evening at 10:25 p.m. EST and arrive in Chicago at10:05 a.m. CST the next day.  The station in Jeffersonville is located at500 Willinger Lane.  A limited number of parking spaces are available at the station.

Three days per week, the Kentucky Cardinal will operate between Chicago and Indianapolis as a section of Amtrak's Cardinal, a train that operates thrice-weekly between Chicago and Washington, D.C., via Indianapolis.  In Indianapolis, the Kentucky Cardinal will be joined with, and separated from, the Cardinal on the days of that train's operation.  On the remaining four days per week, the Kentucky Cardinal will operate independently between Chicago, Indianapolis and Jeffersonville/Louisville.

Passengers utilizing the Kentucky Cardinal will be able to connect in Chicago to Amtrak's national network of short and long-distance trains.  Same day connections can be made at Chicago to the California Zephyr serving Oakland/San Francisco, the Empire Builder serving Portland and Seattle, the Southwest Chief serving Los Angeles, the Lake Shore Limited serving New York and Boston, and numerous other trains to destinations throughout the country.


WASHINGTON: FRA consolidates docket with DOT 

WASHINGTON -- The Federal  Railroad Administration (FRA) has consolidated its docket operations with  those of other Department of Transportation operating elements, a press release said.

DOT's  nine separate docket facilities have been consolidated into the  Centralized Docket Management System and have been converted from a  paper-based system to an optical imaging system for more efficient  storage, management and retrieval of docketed information. This  conversion is intended to provide better service and more widespread  access to both the public and government users. This final rule  provides details of new docket filing procedures for FRA regulatory and  adjudicatory proceedings.


NEW YORK: Transit officials say no fare hike in city 

NEW YORK --  The tentative labor contract reached between New York City transit workers and the state agency that runs the city's buses and trains will not result in a fare hike, according to transit officials quoted in Friday's newspapers. 

The Daily News, in its Friday edition, quoted Metropolitan Transportation Authority Chairman Virgule Conway as saying: "I can assure you the effect is quite modest." 

The New York Times quoted Marc Shaw, executive director of the MTA, as saying the agency had already budgeted money to cover most of the wage increases in the contract. 

The contract, which still has to win approval from the transit union's 33,000 members, would provide a 12.5 percent increase in base pay over three years. Transit workers earn an average of $39,000. 

Diana Fortuna, the president of the Citizens Budget Commission, a business-backed monitoring group, said the preliminary labor agreement was so generous that it might force an increase in the $1.50 fare for subways and buses, according to the New York Times.


OHIO: Railroad will reopen line through east side 

HURON - Despite neighborhood protests, Norfolk Southern Corp. has decided to reopen an unused rail line in East Toledo that crosses several busy streets at grade, railroad and city officials disclosed last week, the Toledo Blade reported. 

At a city council committee hearing Oct. 21, Norfolk Southern officials said they had no firm plans to rebuild a dismantled piece of track and increase traffic on a connecting section that now is used only by trains serving a local refinery. 

But during a hearing here yesterday concerning blocked-crossing problems in northern Ohio, railroad spokesman Mike Scime confirmed that the track restoration will proceed. 

Norfolk Southern sees the old Toledo Belt track as a way to bypass congestion on CSX-owned tracks that it now uses to run trains between an Oregon rail yard and the former Conrail main line through Toledo that Norfolk Southern now operates.

But residents of the East Toledo neighborhoods through which the track passes fear that long, slow-moving trains will add to burdens they already suffer from trains on the CSX track, and that when trains stop they will impair emergency response and pose a hazard for schoolchildren.

Diana Shinaver, an East Toledoan who organized an anti-train petition drive, said Norfolk Southern's decision did not surprise her, but she hopes the protests have "forced them to take a look at our community."

City Councilman Robert McCloskey asked state legislators to help in addressing "this tyranny of the railroads" that has caused his east side district to be "besieged" by blocked crossings.

The joint hearing of the House transportation and public safety committee and the Senate highways and transportation committee was held primarily for testimony about several bills that would raise fines for trains that block road crossings.

"Current state code leaves a lot to be desired,'' said Paul Goldberg, Oregon's law director, who likened current blocked-crossing penalties to a "plastic hammer."

Officials from across northern Ohio urged legislators to find money for bridges over or under tracks through their communities so firefighters and schoolchildren no longer will have to worry about being delayed by trains. But in the meantime, they said, the crossing blockages must stop.

"When you hear that children, little kids, are crawling under trains to get to school, we can't have that,'' said Bill Ommert, Huron County's emergency management coordinator. "When you hear that firefighters are crawling under trains with their hoses to get to a fire, we can't have that.''

Trains now are forbidden to block road crossings for more than five minutes, but violations are minor misdemeanors punishable by a fine of no more than $1,000. And officials say only chartered cities can assess that full amount; the maximum fine a township can collect is $65.

Separate bills pending before the legislature would, if enacted, raise fines for trains that block crossings for more than 25 minutes; give villages, townships, and counties the same enforcement authority that cities now have, and provide for designating certain crossings as "no-stop" zones upon which trains would be required to keep moving. Northern Ohio has been plagued with stopped-train problems since June 1, when the Norfolk Southern and CSX Transportation railroads divided rail lines formerly operated by Conrail between them and began integrating those routes into their two networks. Computer glitches, crew management problems, and other merger-related difficulties caused congestion in rail yards that in turn led to trains being parked on tracks across the region.

State Sen. Scott Oelslager (R., Canton), chairman of the highways and transportation committee, remarked that Ohio witnesses' fears about grade-crossing problems were pooh-poohed when the federal Surface Transportation Board held hearings in 1998 concerning the Conrail transaction.

"These committees will be watching very closely - people's lives are at stake,'' he told CSX and Norfolk Southern representatives at the hearing yesterday.

Proponents hope that higher fines will persuade the railroads to keep more crossings clear.

"I know [the railroads are] working hard to alleviate the problems, but every once in a while you've got to raise the ante,'' said state Sen. Jeffry Armbruster (R., North Ridgeville), sponsor of the bill to strengthen rural areas' enforcement power and a highways and transportation committee member.

Ultimately, many speakers agreed, the grade-crossing solution is to build overpasses or underpasses at vital roads. Senator Oelslager said he was interested in a suggestion to set up a railroad-bridge prioritizing system similar to the one the Ohio Department of Transportation now uses to decide where to build roads.


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