UTU News Digest - Wednesday, March 31, 1999

UTU Daily News Digest

Information of interest to operating railroad and transportation employees

Wednesday, March 31, 1999

WASHINGTON: Rail unions question safety ahead of takeover

WASHINGTON – The Journal of Commerce reported today that Rail union leaders are linking staffing levels with safety problems on Conrail Inc. even as the Federal Railroad Administration steps up inspections before CSX Corp. and Norfolk Southern Corp. split up the carrier June 1.

"Everyone is aware there is a shortage of conductors and engineers, but we did not create the problem," said Jack McMillan, local chairman of the United Transportation Union in a letter to Conrail's Dearborn division manager.

He said: "If (UTU members) should report to work when they are exhausted, stressed or sick, after attempting to mark off and they should make a mistake resulting in one of the myriad of mishaps that could occur (including dismemberment or death) then disciplinary action is taken against the employee who did nothing more than attempt to comply with the rules."

Marking off means declining to be available for an assignment:

"When this happens, it sends a message to my newer employees that they should report for duty no matter what," he said. "Some people are wondering why we are having such a rash of mishaps. There is no doubt in MY mind as to the cause of it. I have outlined it in this letter."

UTU national legislative director James Brunkenhoefer said, "We're in a situation where we can't call 411. We have to dial 911. The A, B and C teams have gone to NS or CSX or taken buyouts and there is no D team."

"No one has taken any responsibility," he said. "There is a safety culture void. We think they are going to substitute a discipline process for a safety culture."

FRA has assigned an additional 30 inspectors on a temporary basis to assess Conrail safety. That group complements 33 inspectors that have been monitoring safety integration efforts for the past year.

FRA's moves came less than a week after a collision between a Conrail train and a Union Pacific train at an Illinois rail crossing. That wreck on the Dearborn division followed the deaths of four Conrail workers in train accidents in January. Two of the workers perished in an accident near Toledo.

Conrail spokesman Bim McGeehan said, "we continue to cooperate with the FRA as we move closer to split date. We have been meeting with the FRA on a regular basis." He said Conrail does not believe the recent accidents are merger-related.

Mr. McGeehan said, "Safety is and will continue to be our first priority at Conrail. We take great pride in our safety record. Conrail never experienced any month like January."

Asked about supposed train crew worker shortages on the Dearborn Division, Mr. McGeehan said, "We are attempting to provide the requisite number of crews. There needs to be ongoing training and qualification of employees based on natural attrition. What we are doing in the Dearborn division in terms of UTU crews is nothing different than we are doing systemwide. We do that under collective bargaining agreements."

Robert Godwin, general chairman on Conrail for the Brotherhood of Locomotive Engineers, said, "We are running on the fine edge. I see that same situation (train crew shortages) across the whole system. We have had retirements and we will have some more. Conrail didn't hire enough people. They are in a hiring mode now. Maybe they are pushing these kids (new workers) through too fast."

"It's not the kids' fault," he said. "They are not getting enough training time. That is the stuff that scares the living hell out of me. It's dangerous and it's going to get more dangerous before it gets better. I say a prayer every day."

INDIANA: Driver Survives after Train Dragged Her Car for Miles

ANDERSON, Ind. -- Her car was rear-ended in dense fog, launched into a moving freight train and dragged for miles along the tracks -- and a bruised and sore Amber Scott remembered nearly every detail.

"I was just sitting there, waiting for the train," Ms. Scott recalled Tuesday, a day after her brush with death. "I looked in my rearview mirror and I saw it (a truck) coming. I just gripped the steering wheel and closed my eyes."

When she opened them, she saw the driver's side door of her 1989 Pontiac Grand Am pinned to the train's side and the car's front stuck under it. The train pushed on, dragging the car and its frightened passenger with it.

The 20-year-old Ball State University student grabbed her cellular phone and called for help. Her first instinct was to call her mother.

"Mom! Mom! I need help," Patricia Scott heard her daughter scream. "Mom, I've been hit!"

With the roar of the train in her ear, Ms. Scott could hear only a voice on the phone -- maybe an answering machine.

"I was scared," she said. "But I just knew I couldn't sit there and be scared. I knew I had to help myself."

She called 911 twice, believing that police would be able to trace her call and find her. Her cries for help were barely audible over the steady roar of the engines.

"I'm being dragged ... by a train! Oh, please help!" she cried.

Ms. Scott said she briefly thought about rolling out her passenger side door but decided against it. Authorities estimated the train's speed at 30 mph. Her car was attached to a middle car of the Conrail train -- and the conductor had no way of knowing what happened.

"I scooted down in my seat some, and I just waited," said Ms. Scott, who was wearing her seat belt. "I prayed the whole time."

She doesn't remember much of what happened after her car hit a railroad signpost at another crossing and finally broke free. She was shaken up -- and the car was a wreck.

Ross Schroeder, 25, the driver of the pickup that slammed into Ms. Scott's car, has been cited for not having insurance. Authorities said the warning lights were working at the crossing, but there is no gate.

Ms. Scott's family is thankful to have her home and safe. "Her presence of mind has just absolutely astounded me," her mother said. "I'm so proud of her. You know there had to be arms around her."

Said Ms. Scott: "It hasn't really all sunk in that I've made it through a real life and death experience. I feel like it was a miracle."

GEORGIA: Woman tries to beat train; escapes injury after car hit

GARDEN CITY, Ga. -- A woman police said was trying to beat an oncoming train lost when the CSX engine struck her Mercury Cougar and dragged it more than 60 feet.

Leticia Joachin of Savannah and two passengers, 18 and 36, were not injured, but the car she was driving was not so lucky. The driver's side door was smashed in and the windows were broken out.

"She tried to beat the train," said Officer Michael Parmalee. "All the traffic stopped, and she didn't."

Joachin was traveling northbound in the right lane on Ga. 21 about 4:15 p.m., when the railroad crossing lights and bell activated, indicating a train was approaching. Police said Joachin's view may have been blocked by the waiting traffic.

"(Trains) normally do stop coming across here since it's not gated," said Sgt. Mike Epley.

The train was only moving about 10 miles per hour when it hit the car, Epley said.

More than 30 minutes after the accident, the lights were still flashing and bell still ringing as officials had the car removed. The engine, which remained on the tracks during the investigation, had minor damage, Parmalee said.

Joachin is expected to be charged for failing to stop at the crossing. She declined comment on the wreck.

MICHIGAN: Attorney General to intervene in CSX suit

PLYMOUTH, Mich. -- Attorney General Jennifer M. Granholm will be holding a news conference at 1:45 p.m. today in Plymouth, where Main Street crosses the railroad tracks, in the parking lot of Bode's Corned Beef House, 280 North Main Street.

An announcement regarding Michigan's intervention in CSX Transportation's lawsuit against the City of Plymouth will be made. The lawsuit deals with how long trains can block railroad crossings.

NEW YORK: "Please" remains part of subway "courtesy"

NEW YORK -- A plan to speed subway service by having train conductors eliminate the word "please" from their boarding announcements been scrapped after officials admitted it was silly.

"It was an attempt to do a good thing but not necessarily in the best way," Transit spokesman Al O'Leary said today. Agency brass had suggested that conductors could help speed train service by dropping "please" from the phrase: "Please stand clear of the closing doors."

"If you add five seconds at every stop by saying 'please,' at the end of 60 stops, you're four or five minutes off schedule," O'Leary said previously, explaining why transit brass wanted conductors to edit their boarding spiels.

He added that some conductors went a bit overboard with their discourse. "We had found that in some stations, in the outer boroughs especially, the announcements were taking longer to make than it took to load and unload passengers," O'Leary said. The plan had left riders highly displeased.

"It's nonsense!" said Lynnette Taylor as she exited a train at Rockefeller Center on Monday. "If the conductors aren't respectful, a lot of people are not going to be comfortable riding the train."

The idea of cutting out "please" ran counter to a trend, anyway. Bridge and tunnel toll collectors are being ordered to say "thank you" and New York City taxis now have cheery recorded warnings to fasten seat belts.

Joe Rappaport, a spokesman for the Straphangers Campaign, a subway riders advocacy group, said the policy was "just silly. It just doesn't take up that much time to say `please,' and it adds some civility to a system that needs it."

MICHIGAN: New rail tunnel could boost trade in Detroit, Windsor

DETROIT -- The Detroit-Windsor rail tunnel may be upgraded as part of a broad effort to position southwest Detroit as an international gateway for trucking, shipping and rail delivery.

With the Ambassador Bridge now serving as the busiest international border crossing in North America, city and transportation officials are eager to expand or replace the two-rail tunnel, located just south of the Michigan Central Depot near Corktown on Detroit's near west side.

"An upgraded rail tunnel would be a great boost for the automotive industry as it would improve trade and boost parts delivery and productivity," said Detroit Mayor Dennis

Archer, who recently met with U.S. Transportation Secretary Rodney Slater to support new ownership of the tunnel.

"We also have secured $18 million to begin a plan to redevelop Junction Yard (at Livernois and Vernor) into a world-class intermodal facility. Right now, we have Canadian auto parts going through Detroit to Chicago by rail, and then the parts are trucked back to Detroit. It's very inefficient."

Last week, the federal Surface Transportation Board ruled that Canadian National Railway, which co-owns the tunnel with Canadian Pacific Railway, must sell its interest to its partner or another corporation. Canadian National owns a rail tunnel connecting Port Huron to Sarnia, Ontario.

Only one of the rail lines at the Detroit-Windsor tunnel is being used, and it is not high enough to accommodate rail cars with double-stacked cargo containers that can be loaded onto trucks or ships. Rail cars triple-stacked with new trucks, minivans and sport-utility vehicles can't make it through the tunnel either.

"We're getting by using one of the rail tunnel lines, but the competition is getting more intense," said Terry Liston, director of corporate services for Canadian Pacific in Montreal. "We're doing engineering studies now to see if we should upgrade the tunnel or build a new one."

Canadian Pacific also plans to open a facility for short-haul intermodal service in Metro Detroit by the end of the year, Liston added. The facility would offer a staging area to transfer cargo easily from rail cars to trucks.

Plans for the Ambassador Bridge include a second span once the state completes $100 million in access improvements.

MASSACHUSETTS: Rail pact might get derailed

BOSTON -- A railroad union's aggressive lobbying campaign may have derailed an initiative to save taxpayers tens of millions of dollars by contracting out the repair and upkeep of the Bay State's commuter train fleet.

State transportation officials were expected to decide this week whether to yank the $150 million commuter train contract from rail giant Amtrak, which has performed the job for more than a decade, and hand it to one of a trio of major rail companies battling for the job.

Critics contend that mismanagement by the Washington-based Amtrak--along with archaic union work rules--have led to rampant overstaffing of train repair crews. They say millions of dollars could be saved by bringing in another railroad company to slash what they describe as a bloated payroll.

However, faced with a firestorm of opposition from the Amtrak workers union, officials at Massachusetts Bay Transportation Authority, which oversees the state's commuter rail system, are now looking at their options--including pulling the plug on the months-long bidding process, according to sources close to the process.

"This is a very big change," said one state official of the now faltering effort to allow other rail companies to compete for the train contract. "It takes a lot of courage to even consider doing this."

Ratcheting up the pressure, the Transport Workers Union--which represents 550 Amtrak employees at the Boston Engine Terminal near North Station, where the state's commuter trains are repaired and serviced--has raised the specter of a multimillion-dollar lawsuit and even a strike.

Between 150 and 250 rail workers could find themselves on the cut list if another company were to take over the train repair contract from Amtrak, according to industry sources.

During the past few months, three major bidders have emerged to possibly take over the $150 million, five-year contract: Paris-based Alstom USA Inc., which has teamed up with Boston-based Alternate Concepts Inc., whose owner, James O'Leary, is a former MBTA chief; Bombardier Inc. of Montreal; and Bay State Transit, a joint venture of Herzog Contracting Corp., a national transportation firm based in St. Joseph, Mo., and Boise Locomotive, another Midwestern rail firm in Boise, Idaho.

But railroad union officials believe they may have the trump card--Depression-era laws that make it difficult to fire railroad workers.

Even if another rail company were to land the contract, federal law would require that every position first be offered to current union workers. Moreover, any Amtrak employees that are laid off would be guaranteed six years of full pay.

Union officials warn that any attempt to ignore these Depression-era laws--and escape years of potentially onerous payments to downsized Amtrak workers--could land state transportation officials in court.

"If they are going to do this, they could very well end up paying ... millions and millions of dollars, and maybe tens of millions of dollars, in compensatory benefits for no good reason," said Richard Edelman, a Washington, D.C.-based attorney representing the railroad union.

Meanwhile, to bolster their case, railroad union members have gone to the Statehouse to lobby lawmakers and have even reportedly enlisted the help of two powerful South Boston politicians whose district includes a number of railroad union members: U.S. Rep. Joseph Moakley, D-South Boston, and state Sen. Stephen Lynch, also a South Boston Democrat. Neither Moakley nor Lynch could be reached for comment.

As union resistance mounts, Massachusetts Bay Transportation Authority, which oversees the state's commuter rail system, now appears to backing off on its plans to contract out the train repair contract now held by Amtrak.

To save money, the MBTA last year put out to bid the contract to repair and maintain its fleet of 80 locomotives and hundreds of coach cars. Amtrak has held the contract since 1987 as part of its larger pact with the MBTA to run daily operations of the entire commuter rail system.

Under the timetable for the bidding process, the MBTA's board was tentatively scheduled to vote this week on whether to award the train repair contract to another company or to stick with Amtrak.

But the issue was never put on the agenda for the MBTA's monthly meeting and state officials are now looking at a number of options. These include canceling the contract competition or going in the opposite direction and putting the whole commuter rail contract--not just train repair—out to bid, according to sources.

However, putting the whole commuter rail contract on the block would also short-circuit the current bidding process and could simply be a way of dodging what has become a controversial issue, some cautioned. Not that the idea doesn't have its supporters.

The contract to run the commuter rail system could be worth as much as $500 million over five years, officials have said.

"I guess if indeed they want to look into bidding the whole thing--if they are serious about that, that would be great," said Charles Chieppo, a director of the Pioneer Institute, a conservative think tank in Boston that pushes for a more competitive approach to providing government services.

But at least one of the companies fighting for the train contract is angered by the prospect that months of work may have hit a dead end.

Each of the big transportation companies has paid as much as $300,000 to make their case for the contract, according to an official working for one of the bidders.

Faced with opposition from the union representing the Amtrak workers, two of the companies bidding for the contract even held talks with other local unions to enlist their help.

One of the bidders, French rail giant Alstom, has even explored bringing in the Teamsters, who they believe would be more conscious of the bottom line, to replace the Amtrak railroad union if the company wins the bidding.

"You can't put people through an eight-month process and then change your minds," said a disgruntled source working with one of the companies bidding for the rail contract. It may just simply be a ship without a rudder."