UTU NEWS
Volume 31 July 1999 Number 7 UTU NEWS
ONLINE EDITIONJULY 1999
----------- PROGRESS THROUGH UNITY -----------
A Service of the United Transportation Union
Public Relations DepartmentCharles L. Little
International President---
Roger D. Griffeth
International General Secretary & Treasurer---
Editorial Offices:
UTU NEWS
14600 Detroit Ave.
Cleveland, OH 44107-4250------------------------------------------------------
WELCOME TO
THE VOICE OF TRANSPORTATION LABOR
"The United Transportation Union is the preeminent rail and transportation union in North America. Under the steady leadership of Charlie Little, the UTU is growing in membership and in financial strength."
-- Missouri Gov. Mel Carnahan
June 16, 1999, St. Louis, Mo.
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TABLE OF CONTENTS
The UTU NEWS On-Line Edition takes advantage of the
search-and-find features in your word processing
software or on-line editor. For example, to learn about
the UTU's challenge to current drug-testing practices
("UTU files suit over drug-test adulterants") have your
word processing software or on-line editor search for
the text ##B.
IN THIS EDITION
NMB to hear UTU vs. BLE on July 6 ................##A UTU files suit over drug-test adulterants .....##B No Conrail meltdown--yet .........................##C DuBose supports Little, BLE initiative ........##D New UTU building named for Al H. Chesser .........##E Passenger rail cars to be safer ...............##F AROUND THE UTU
News from around the U.S. and Canada .............##G Members share duties training engineers .......##H BUS DEPT. / STREET BEAT
"Interesting facts from the AFL-CIO" .............##I Editorial by Bernard J. McNelis Vice President and Director, UTU Bus Dept.
O.N.E. Bus pursues appeal .....................##J Coach USA buyout has no immediate impact .........##K YARDMASTER REPORT
"Yardmasters ready for the challenge" .........##L Editorial by Don R. Carver Assistant to the President, Yardmasters' Dept. EDITORIALS
Showdown at the NMB ..............................##M Will Norfolk Southern change? .................##N "A labor union united" ...........................##O Editorial by Byron A. Boyd, Jr. UTU Assistant President
"Railroad discipline system serves no one" ....##P Editorial by James M. Brunkenhoefer UTU National Legislative Director
Voices: Members share their opinions .............##Q Feedback: Better start looking for answers ....##R BLE sold VIA Rail workers down the river .........##S STATE WATCH
News from UTU State Legislative Boards ........##T MONTHLY FEATURE
"UTU ready for the 21st Century" .................##U by UTU International President Charles L. Little Speech delivered at St. Louis Regional Meeting June 14, 1999 SENIOR NEWS
RC& D's Kelley makes it happen .................##V Lawmakers still seek Social Security reform ......##W LVRR, 712th TROB, PRR veterans to reunite .....##X T.F. Moore, Jr., D.D. Lewis pass away ............##Y The Final Call ................................##Z FELA UPDATE
Who can you turn to? ............................##AA NOTICES
UTU Canada boasts new website ................##BB Health care providers out of the loop ...........##CC Monthly apparel winner announced .............##DD Regence Blue Cross/Blue Shield slated ...........##EE UTUIA offers Ultimate Par Policy .............##FF ====================================================
IN THIS EDITION --NMB to hear UTU vs. BLE on July 6 ................##A CLEVELAND -- As the National Mediation Board (NMB) begins hearings July 6, two top officers of the Brotherhood of Locomotive Engineers (BLE) admit their union is split down the middle, troubled financially, paralyzed, and intentionally provoked the UTU. The BLE's number-two officer charged its president with scuttling unification to save his job. BLE First Vice President Ed Dubroski, who is facing off against BLE President Clarence Monin in a bitterly contested recall election, said in a letter to members that Monin "provoke(d) the UTU into going back to the NMB" to save his job. In his June 14 State of the Union speech at the St. Louis Regional Meeting, UTU International President Charles L. Little told the 1,000 UTU members at the Regal Riverfront Hotel that the BLE itself has now confirmed it was internal politics and deception that scuttled unification, not UTU finances or anything else. Little said that a "civil war" inside the BLE prompted its president into intentionally "provoking" the UTU into reactivating its NMB petition. "The BLE is engaged in a civil war," said Little. "It is a house divided, and it will not stand. The UTU is a house unified. We will stand, and we will prevail." Little added, "The BLE provoked this latest confrontation, and now it's up to the NMB to do its job and provide a safe haven for a representation vote on the Union Pacific." The NMB hearings on the UTU's petition to hold a representation election for the craft or class of Train and Engine Service Employees on the Union Pacific Railroad will take place July 6-9. Briefs are due by August 2 and reply briefs by August 9. The matter will be ready for decision then, the NMB said, and a decision is expected by the end of August. The hearing will begin at 10 a.m. on Tuesday, July 6, at the NMB's headquarters in Washington, D.C. On May 11, the UTU requested that the NMB reactivate this proceeding after being notified on May 10 by the BLE that it was withdrawing from unification discussions. In 1961, the NMB used a similar hearing procedure when it found Flight Deck Crewmembers (pilots, co-pilots, flight engineers) was a proper craft or class on United Airlines. The BLE announced it is planning a rally in Washington, D.C., on July 6 to intimidate the NMB from authorizing a representation election on the Union Pacific Railroad. The BLE's mobilization team, called the "brownshirt army" according to a letter by BLE's Iowa state legislative director that was part of federal court documents, will lead the rally. In St. Louis, Little told the UTU members about how the BLE is calling its mobilization team a "brownshirt army." "For anyone who remembers," Little said, "the brownshirts operated in Germany in the 1930's. They were a contemptuous group, and have no place in America or in the American labor movement. They are an affront and slap in the face to every World War II veteran and every American. Their formation by the BLE speaks to the lowest form of leadership and paranoia." In regard to the BLE's planned July 6 rally, he said, "Regardless of the BLE brownshirts and their tactics in Washington, D.C., or elsewhere, we believe the NMB will make a decision by the end of August allowing a representation election on the Union Pacific." The BLE's troubled finances are also playing a big part in the recall against its president. BLE General Secretary-Treasurer Russell W. Bennett told the Washington, D.C.-based Daily Labor Reporter in its May 26 edition that "the union (BLE) is in financial trouble." He said he recently reported to the membership that the union "operated in the red in 30 of the past 34 months." "The BLE is in financial trouble, not the UTU," said UTU Assistant President Byron A. Boyd, Jr. "This blows the lid off their fabricated reason for pulling out of unification. It shows how their leadership has totally misled its members." Boyd pointed out that on May 10 the accounting firm of Ernst & Young completed its final audit of UTU 1998 finances. The UTU's audited financial statements indicate that UTU finances are sound and stable. The UTU has $43 million in the bank; the UTUIA has assets of about $221 million and record reserves of approximately $33 million. In contrast, the BLE has not yet filed its 1998 LM financial report with the Department of Labor, which was due in March. In addition, Bennett's letter to members showed the BLE general fund was in the red for the last three years, and that its strike fund had only about $32,000. On May 20, Bennett won a court decision permitting him to send out recall ballots. Monin's request for a temporary restraining order was denied by Judge Ann Aldrich of the U.S. District Court for Northern Ohio. Bennett told the Daily Labor Reporter that recall ballots were being mailed to approximately 30,000 active members and must be returned on or before July 27. He said the BLE constitution provides that recall must be approved by a simple majority of Said the UTU's Boyd: "This story in the Daily Labor Reporter confirms that UTU has been telling the truth and the BLE has been lying to us and its members." In his letter to BLE members, Dubroski said, "President Monin has proved to me that he is willing to risk all in his effort to keep his position, even if it means putting the members of the BLE as a whole at risk, as he has done by provoking the UTU into going back to the NMB." He also said: "Our Constitutional process has broken down, and our brotherhood is nearly paralyzed, not because of the Statement of Principles (with the UTU), but because of the manipulation of information and officers by our International President. "Our Advisory Board is split down the middle...President Monin has proven himself unworthy of the trust of the members and officers of this organization, and we cannot begin to put our house in order while he remains in office." --UTU files suit over drug-test adulterants .....##B by Eric J. Eakin UTU NEWS Staff Writer CLEVELAND -- The UTU has filed suit in the U.S. Court of Appeals for the Ninth Circuit in San Francisco seeking to overturn federal regulations which prohibit an employee's urine sample from being re-tested in the face of an indication for adulterants. When urine samples are taken from transportation workers for drug and alcohol testing, the sample is split into two parts, one of which is tested, the other of which is retained in case of error or dispute. "The issue related to adulteration has caused a problem," Designated Legal Counsel Larry Mann, who filed the lawsuit on the UTU's behalf, said. "If there is a positive drug reading under the current regulations, the employee has the right to have the split sample tested." However, when the sample has been judged to be adulterated with some foreign substance, that is not considered a positive and the employee cannot demand that the split be tested to verify the accuracy of the alleged adulteration, and can be fired as a result, Mann explained. "We believe that not allowing the employee to have his or her split sample re-tested for adulteration is a violation of the due process of law," Mann said. DOT TO PROPOSE CHANGES The Department of Transportation (DOT) later this summer is expected to reveal proposed changes in drug and alcohol testing regulations, and the issue of adulteration and testing split samples is expected to be addressed in the new rules In the meantime, Mann said, "There are a number of railroad workers who have lost their jobs because they allegedly have an adulterated sample and they can't get it re-tested." Lamar Allen, the drug and alcohol testing program administrator for the Federal Railroad Administration, who conducted the drug and alcohol testing workshops at the recent Los Angeles and St. Louis Regional Meetings, said the biggest problem continues to be with the collection of urine for drug testing. He said the DOT this summer will be issuing a proposed rulemaking covering several areas, including collection procedures, and UTU members need to be informed and involved in the process. DOT will be considering rule changes which would mandate standardized proficiency testing for all collectors; make third-party providers, like testing labs, liable for errors; institute standardized collection procedures to help insure the integrity of the collection process, and other changes, Allen said. The rules which mandate that the second part of a split urine sample can only be used to challenge positive findings, not adulterants, also will be part of the upcoming rulemaking, Allen said. The time for those with "shy bladders" to produce the required 45 milliliters of urine has been extended to three hours from two, Allen said. However, if the person being tested in a Federal random test, not for-cause testing, "expires" under the Hours of Service law before the testing is complete, he or she may walk away from the test, Allen said. "NEVER REFUSE A FEDERAL TEST" Allen also had a number of tips for UTU members attending the workshops. "Never refuse a Federal drug or alcohol test," he said. Instead, members should immediately write in the "Remarks" section of the collection form his or her specific concerns, and quickly follow up by calling carrier and union officials. Allen also said the second-hand pot smoke defense is not worth pursuing. "Passive inhalation won't be detected" by the latest generation of testing methodology, he noted. "You could stand in a closet with 20 pot smokers" and still test negative, he noted. Raising positive levels for opiate detection also is needed to "get rid of the poppy-seed positives," Allen said. Workers in various occupations have been known to add salt, Visine, bleach or vinegar to their urine samples, or to drink quarts of water to dilute them. Others have purchased pre-screened urine from private companies. Still others have used over-the-counter nitrate crystals to veil marijuana residue in urine or consumed special drinks that are said to flush out the urinary tract within an hour. THE NITRATES EAT THE EVIDENCE The nitrates hide the evidence of marijuana usage but leave a trail, Allen said. Those persons who are detected with such telltale high nitrate levels in their urine "are either dead or will die shortly," he noted. Many of the 72 laboratories licensed by the government to analyze urine samples have begun testing specifically for these adulterants, Allen said, and that has increased the number of UTU members and others who have been identified as refusing to provide random samples. The testing of hair follicles for drug use or other substances is unreliable, Allen noted. Hair tests, while more comprehensive and convenient, have been rejected for use by the federal government because they may be discriminatory, according to reports. Some studies show that drug traces remain in black hair up to 50 times longer than in blond hair. The Federal Railroad Administration also is looking at the safety impact of those persons who operate railroad trains across international boarders, such as Mexican and Canadian crews, as well as dispatchers in Canada who dispatch in the U.S. UTU MEMBERS CAN CHALLENGE RESULTS Because of the efforts of the UTU, railroaders are the only employees in the transportation industry who can challenge the testing results, Allen said. "You have the right to challenge a finding, unlike all others, who must get a lawyer," Allen told the meeting attendees. Individual carriers can conduct their own testing programs using their own authority, but their company programs cannot adversely impact the Federal programs, Allen said. The Federal Railroad Administration has determined that, since random drug positive rates continue to be below 1% of those tested, the railroad industry minimum annual random drug testing rate for 1999 will continue at 25% of covered railroad employees. --No Conrail meltdown--yet .........................##C CLEVELAND -- It's not a meltdown -- yet. Although some problems were expected with the split up of Conrail between CSX and Norfolk Southern, no one anticipated what has happened since June 1. Service disruptions, primarily along former Conrail territory in Pennsylvania, New Jersey, New York, Ohio and Indiana, are interfering with production schedules nationwide. The sub-par performance comes despite optimistic projections about smooth operations and traffic increases that both companies delivered right up until June 1. While the current situation on CSX and Norfolk Southern doesn't yet match the Union Pacific Railroad merger woes, the stakes this time may be much higher. Time is not on the side of either CSX or NS. Wall Street investors, shippers and lawmakers are petrified of a Union Pacific instant replay, and the news media is more aggressive with its coverage. There is less turmoil and fewer crew shortages on CSX than on NS, according to reports. Shippers say NS has more problems than CSX. In fact, some veteran rail observers say that conditions on NS are a lot worse a lot faster than happened on Union Pacific. As the UTU News was going to press, NS still didn't have an effective method for tracking Conrail trains. Railroad analysts say that the problems at CSX do not appear to be as troublesome as Norfolk Southern's. "It could be a very long and hot summer if CSX and NS don't fix the problems fast," said Byron A. Boyd, Jr., UTU Assistant President. "There are people in Washington waiting for any excuse to try to re-regulate the railroad industry. We think that would be a big mistake." CSX and NS are getting cooperation from former Conrail employees, and union officials are urging their members to help. "Our livelihoods and jobs depend upon helping CSX and NS," Jim Carrico, UTU's Indiana state legislative director, told Rail Merger Intelligencer. "But if they don't ask us for help, we can't help them. They're trying to divert too much too fast. NS doesn't want to listen to the people who actually do the job." In fact, both CSX and NS have reached out to the UTU to help solve their problems. CSX has been working cooperatively for some time with UTU officers, and asked for help in solving its Cleveland service problem. In what appears to be the first small step to opening itself to UTU input, NS CEO David Goode, at the urging of UTU President Charles L. Little, has called many UTU local officers seeking first-hand "unfiltered" information on his railroad's problems and possible solutions. "David Goode has taken the first small step in opening communications and reaching out to the UTU for help," said Boyd. "But there is still a long way for NS to go in changing its culture. The only way for NS to succeed long term is to start acting more like CSX where it comes to a union/carrier partnership." --DuBose supports Little, BLE initiative ........##D ST. LOUIS -- UTU President Emeritus G. Thomas DuBose told 1,000 UTU members at a June 14 UTU/UTUIA Regional Meeting luncheon that "taking on the BLE is not an easy job, but it can be done." DuBose praised International President Charles L. Little's leadership. "I've known Charlie Little a long time," he said. "We've laughed together, cried together and had a few fights. But I can truly stand here and say that he is the right man and he has the right plan for the UTU's long-term future. He has the ability, courage and foresight to lead the UTU into the 21st Century." DuBose was given a rousing ovation when he said, "If the BLE wants a fight, let's give them a fight. I believe in this union so much if need be I'll be the first casualty." DuBose's keynote luncheon speech capped a powerful showing of UTU solidarity. In his morning State of the Union speech, International President Charles L. Little was repeatedly interrupted with applause and standing ovations when he talked about unifying all rail operating employees under the UTU banner and taking on the BLE at the ballot box on the Union Pacific Railroad. Little succeeded DuBose, who served as president from 1991 to 1995. "I've come full circle and have never been any prouder of our union than I am today," DuBose said. "I echo everything President Little said this morning. This is a good union, a great union to serve." DuBose said, "I think President Little is on the right track with the BLE. I know he is committed to a peaceful merger. But he is also committed to a vote. With your help, we will win that vote." DuBose also acknowledged former UTU President Al Chesser, who supports the unity initiative and the NMB process. "Al knows the sacrifices four union presidents made 30 years ago to form the UTU," DuBose said. "For some reason, the BLE doesn't understand that unification is coming, with or without them," DuBose said. "UTU will be the cornerstone of rail and transportation labor in the 21st Century." DuBose criticized those who have been spreading false information about the UTU. "This union has nothing to hide," he said. "So, I have a real problem with people inside the organization making our internal business public business." --New UTU building named for Al H. Chesser .........##E WASHINGTON -- The UTU has named its new national legislative office building in Washington, D.C., in honor of former president Al H. Chesser. The building, previously the Amnesty International Building on Pennsylvania Avenue, will now be known as the Al H. Chesser Building. Chesser, 85, was UTU president from 1972 to 1979. "Al Chesser is what the UTU and transportation labor is all about," said UTU International President Charles L. Little. "We all owe him this honor and much more." "I want to thank the UTU and its great members for this honor," said Chesser. "It is a union that is ready for the 21st Century and is looking to the future, not the past." --Passenger rail cars to be safer ...............##F WASHINGTON -- The Transportation Department, aiming to reduce the number of injuries and deaths on rail passenger trains, issued its first rule ever on passenger railroad equipment last month. The rule requires new passenger cars put into service after November to be heavier and more fire resistant, with all of the new requirements in place by 2002. Older train cars can get waivers. Excluded from coverage are metropolitan and suburban short-haul railroads, such as the New York subway system and San Francisco's BART system, and tourist, excursion and historic railroads. The standards will require more steel, more fire- resistant materials and heavier steel collision posts but the new cars will cost roughly the same to make as existing cars, officials said. Some train windows will be made bigger so that people can get out of the cars more easily when crashes do occur. AROUND THE UTU --News from around the U.S. and Canada .............##G LOCAL 2, TOLEDO, OHIO Member Ray Bottles, one of the last active trainmen that worked on the New York Central's 20th Century Limited has been chosen to participate in the introduction of the U.S. Postal Service's stamps commemorating great passenger trains. The five-stamp series will be unveiled August 26 at the Cleveland Convention Center at a ceremony to be attended by Cleveland Mayor Michael White and other dignitaries. U.S. Postal Service Communications Specialist Mark Reynolds is looking for others connected with the trains depicted (including the Daylight, the Congressional, the Hiawatha, and the Super Chief) and can be contacted at (216) 443-4803. LOCAL 4, CHARNY, PQ The growing local now boasts some 70 members in yard service, up from just 34 a year ago, said Secretary and Treasurer Louis-François Garceau, who now counts 175 members. LOCAL 7, NORTH PLATTE, NEB. Retired engineer Clifton A. Hiltabidel was recently presented a UTU Brass Lantern by International President Charles L. Little, who attended the annual spring dinner held in conjunction with Locals 200 and 286, both in North Platte, according to Local 7's President Jim Jackson. LOCAL 23, SANTA CRUZ, CAL. Bargaining resumed last month between the local and the Santa Cruz Metropolitan Transit District, according to Local Chairperson Ian McFadden, who noted that innovative negotiating techniques employed when talks opened in April led to the expeditious conclusion of the first phase of contract talks. LOCALS 78 & 265, POCATELLO, IDAHO Member Greg Farris (L-78) recently kicked off the 9th Annual Oakley Archibald Idaho State University (ISU) Rodeo Scholarship Fund Drive, according to UTUIA Field Supervisor George J. Millward. For the past eight years, the two locals have given a $500 scholarship to the ISU rodeo team in the name of the UTU and the late Brother Archibald, who was killed on his last run before retirement. A 12-gauge Browning shotgun donated by UTU Designated Legal Counsel Bricker, Zakovics, Querin, Thompson & Ritchey is being raffled off to raise funds. For information, contact Farris at (208) 233-8724, or Lin Whitworth at (208) 775-3773. LOCAL 446, CHEYENNE, WYO. The UTU's mobile education and training coach, Membership I, made a recent stop that coincided with a dinner for the local hosted by UTU Designated Legal Council Rossi, Cox, Kiker & Inderwish. In attendance were International President Charles L. Little and Assistant President Byron A. Boyd, Jr. During the evening, President Little presented retiree Fred J. Mueller with a 60-year service pin and a UTU Brass Lantern. LOCAL 473, LA GRANDE, ORE. Members this month are slated to begin participating in a 120-day work/rest pilot project that will make them the first on the Union Pacific to have pool turns with days off, according to Secretary and Treasurer Larry Romine. Those wishing to compare experiences and discuss related developments are encouraged to attend the local's regular meeting, held the second Wednesday of the month at 2 p.m. at 1209 Adams Avenue, Ste. G, in La Grande, Ore. LOCAL 818, FORT WORTH, TEX. After more than 32 years as an elected officer serving in two UTU locals, member Frank D. "Chester" Flanigan retired at the end of last month. Flanigan's plans for retirement include the establishment of a club for fellow rail retirees in the area. Those wishing to contact him should write to Box 162, Keller, TX 76248. LOCAL 1168, CLOVIS, N.M. In late May, Local President Richard K. Barnard presented Past Local Chairperson John Hays, Jr., with a special plaque on behalf of International President Charles L. Little recognizing Hays' many years of outstanding service as an ambassador for the Transportation Political Education League (TPEL) Fund. Hays, with 44 years of service on the BNSF, has served most of his career as either the yard local chairperson or the local chairperson representing conductors, and daily promotes the importance of contributing to TPEL. LOCAL 1608, CHATSWORTH, CAL. Growing at a phenomenal rate due to new hiring, the local is gaining about 40 new members every two weeks, said Local Chairperson Vic Baffoni, who encourages new hires to make a point of meeting their UTU officers to learn what their union offers them. Recently, members took pride in learning that Secretary, Treasurer and Delegate Franz VonKruger has been appointed to the UTU Constitution Committee. Meanwhile, the local's Cinco de Mayo celebration and its Juneteenth party were both resounding successes, marked by the attendance of numerous retirees. LOCAL 1709, PONTIAC, MICH. A family picnic set for July 18 will mark the demise of the old Grand Trunk Railroad (GTR), which formally ceased to exist at the beginning of July courtesy of the Canadian National's purchase of the Illinois Central (IC) and its plan to merge the GTR and IC. Called a "funeral" picnic, the event is being organized by the ladies of FAM-RAIL, a local chapter of the national Women/Wives Against the Railroad (WARR), according to FAM-Rail Chairperson Marlene Haines, wife of member Joseph R. Haines III. For information and directions to the picnic site, call (248) 627-3253. LOCAL 1813, WEST COLTON, CAL. Members recently sponsored their 21st Annual Two-Man Scramble Golf Tournament at Los Serranos Golf and Country Club in Chino Hills, Cal., where some 160 amateur golfers from various area labor unions participated, according to Local President L.A. Schweigert. Among players on hand were UTU International President Emeritus G. Thomas DuBose and International Vice President Dan Johnson. --Members share duties training engineers .......##H "In the past, training was left up to time," explained Mark E. Marquez, chairperson of Local 151 in Winslow, Ariz. "But today, with two-person crews, engineers have five times as much to learn, and about 50% less time." With that in mind, Marquez wastes no time in making sure BNSF conductors working the old Santa Fe lines get the training they need to become top-notch engineers. "The railroad realized no one hires out as a brakeman or switchman anymore. They had a training program in place for conductors, but not for engineers," Marquez said. "At a 1995 local chairperson's meeting attended by a BNSF vice president, I asked, 'Why not?'" Railroad officials hadn't realized the training deficiency existed, Marquez said. But one of the agreements negotiated by UTU General Chairperson C.D. "Bud" Davis called for a fireman-in-training program. "I said, 'Hey, if we have the agreement, we should administrate the program as much as possible,'" Marquez recalled. "So we sat down with a local road foreman, and figured out what to do." Early in the process, Marquez realized he'd need a hand, and he called on John England. Together, he and England, who serves as Local 1674 chairperson, legislative representative and delegate, became "coordinators of coordinators," helping about a dozen others on the old Santa Fe system administer the training program in a way that best prepares new engineers for the job ahead. "I've coordinated training for about 150 students," England said, "and it makes a difference. We end up retaining most of them in the UTU, and we get a better engineer because the program gives them time to concentrate on becoming the best engineer they can be." BUS DEPT. / STREET BEAT --"Interesting facts from the AFL-CIO" .............##I Editorial by Bernard J. McNelis Vice President and Director, UTU Bus Dept. -- From 1989 to 1997, the number of temporary workers employed by temporary agencies increased from 1.3 million to 2.4 million. -- Thirty percent (30%) of the workforce hold non- traditional jobs (part-time, temporary, on-call and independent contracting.) The vast majority of part-time and temporary workers receive little or no benefits. -- "Independent contractors" is a term probably most of us are not familiar with in respect to the labor movement. Companies are using contractors as a way of getting around identifying them as employees, thereby saving on pension and health benefits. -- An independent contractor is defined as one who obtains his own clients and customers to whom he supplies goods or services. Independent contractors account for 8.5 million workers. Only three percent (3%) of workers classified as contractors receive health or pension benefits. -- In Maryland, Delaware and Virginia, hundreds of chicken catchers employed by Perdue Farms became "independent contractors" when Perdue reclassified them. After the reclassification, the employees were no longer entitled to overtime, medical or pension benefits, vacation or profit-sharing options. -- In many careers in which women work, they are paid at a lower wage scale than their male counterparts. It is reported that women earn 74 cents for every dollar men earn. Clearly that is wrong and we should support equal pay equity. In unity there is strength. O.N.E. Bus pursues appeal .....................##J On May 25, Acting Regional Director J. Michael Lightner of the National Labor Relations Board's regional office in Newark, N.J., recommended that last April's election of the UTU as collective bargaining representative for the part-time drivers at O.N.E. Bus be upheld. However, O.N.E. Bus management has decided to pursue their appeal all the way to the NLRB headquarters in Washington, D.C., reports Bus Department Vice President Bernie McNelis. Until an official ruling is made by the NLRB, contract talks are on hold. --Coach USA buyout has no immediate impact .........##K Stagecoach Holdings Ltd.'s recent purchase of Coach USA should have no immediate impact on properties the UTU represents, reports Vice President Bernie McNelis. On June 17, 1999, McNelis spoke with a representative of Coach USA, who verified that business would continue as usual. The Coach USA spokesman stated they do not expect any changes to the current management operations of their subsidiaries at this time. YARDMASTER REPORT --"Yardmasters ready for the challenge" .........##L Editorial by Don R. Carver Assistant to the President, Yardmasters' Dept. Yardmasters are prepared to meet the challenge. The Union Pacific Railroad continues its unacceptable demands in the negotiations for a new contract to cover its yardmaster employees. A mediator has been assigned by the National Mediation Board in an attempt to bring peaceful resolution to this dispute. The Union Pacific Yardmaster Council is to be commended for their diligence in these difficult negotiations. In negotiations, as in life, good things often come neither easily nor quickly. Exemplary of Union Pacific tactics, five New York Dock Section 4 coordination notices were served on the council immediately following its first mediation session. The notices cover Union Pacific facilities in Portland, Stockton, Kansas City, East St. Louis and New Orleans. Mediation sessions were held in Omaha on June 8, 9 and 10. The next sessions are scheduled for August 2-5 in Chicago. New York Dock Section 4 negotiations are scheduled for July 19, 20, 21, and 22 in Kansas City. This year's Regional Meetings seem to be the best ever and are being well attended by yardmasters. The yardmaster surveys are not being returned as promptly as has been requested. Completing and returning the survey are essential to the viability of the results. Our target is the return of 80% of the surveys. If you have not returned the survey, please do so immediately. EDITORIALS --Showdown at the NMB ..............................##M Beginning July 6, the National Mediation Board convenes hearings that will pit the future against the past. The board will ultimately have to decide if railroad labor should step forward into the 21st Century, or remain trapped in its 19th Century roots. We believe the NMB will agree with doing what's best for 21st Century union rail workers and ultimately sanction a "winner-take-all" election on the Union Pacific Railroad. The choice then will be simple. Vote for the UTU and get a union that is preparing for the 21st Century. Vote for a union that's Constitution and unity agreement guarantees autonomy for every craft-not just one. Vote for a union that is financially strong and stable. Vote for a union with the No. 1 PAC-our TPEL-in the transportation industry and in Washington. Vote for a union that stands together and where no craft can steal the jobs of another. Or vote for the 19th Century. Vote for them and vote for the end of jobs for conductors and assistant engineers. Vote for them and get a bankrupt union embroiled in paralyzing politics and an internal "civil war." Vote for them and you may end up without your job. There's only one real choice: UTU. We are the power of one union united to represent you in the 21st Century. --Will Norfolk Southern change? .................##N June 1 came and the world as Norfolk Southern knew it came to a grinding halt. Everybody thought there would be some problems with the Conrail carve-up, but nobody knew they'd be this bad this soon, especially on the NS. The Union Pacific Railroad learned-almost too late- that it needed to change its ways to overcome its meltdown. CSX has trouble spots with its Conrail acquisitions, but it is the industry leader in creating a working culture where UTU members are included in solving problems and making decisions. The wake-up call for the NS has come loud and clear. Now, NS needs to follow the example set by CSX and UP and change its corporate culture to include its union employees. NS CEO David Goode took a small step in that direction when he directly called UTU local chairpersons asking for their assistance in solving his railroad's woes. But it is only a small step. NS has a long way to go, and many big steps are needed. Fast. --"A labor union united" ...........................##O Editorial by Byron A. Boyd, Jr. UTU Assistant President The UTU has completed two very successful Regional Meetings in Los Angeles and St. Louis, and I have never seen our union more "united" since its founding 30 years ago. And it couldn't be happening at a better time. As the BLE implodes in its own bloody "civil war" and the truth about its finances and truthfulness becomes public, the UTU has come together in ways that are inspiring. Our union is financially strong, our membership is growing, and we are well prepared to take on the BLE at the National Mediation Board beginning July 6, and at the ballot box on the Union Pacific Railroad. It is especially gratifying to hear respected national leaders, like Missouri Gov. Mel Carnahan, single out the UTU for praise. The two-term Democratic governor, who is running against Republican John Ashcroft for the Senate, called the UTU the "preeminent rail and transportation union in North America" while applauding our leadership and financial strength. It is just as pleasing to hear the fire pour from President Emeritus Tom DuBose. In St. Louis, he joined former President Al Chesser as UTU senior statesmen who speak from the heart and tell it like it is. DuBose said it like it is when he said, "For some reason, the BLE doesn't understand that unification is coming, with or without them. UTU will be the cornerstone of rail and transportation labor in the 21st Century." He also raised everyone's heartbeats when he proclaimed, "If the BLE wants a fight, let's give them a fight. I believe in this union so much if need be I'll be the first casualty." At a time when BLE politics is paralyzing their brotherhood, DuBose showed that in the UTU, the union comes first. "I've come full circle and have never been any prouder of our union than I am today," he said. "I echo everything President Little said (this morning). This is a good union, a great union to serve." DuBose extended his praise to his former rival. "I've known Charlie Little a long time," he said. "We've laughed together, cried together and had a few fights. But I can truly stand here and say that he is the right man and he has the right plan for the UTU's long-term future. "He has the ability, courage and foresight to lead the UTU into the 21st Century." I've made no secret that Charlie Little is my friend, as well as our President. In Los Angeles and St. Louis, it was clearly evident that the members who attended those Regional Meetings agree with DuBose. Charlie Little is the man to lead the UTU into the 21st Century. He has proven his ability and courage. He is committed to doing what is right for your future. Under his leadership, the UTU has never been in better shape and more prepared for the future. --"Railroad discipline system serves no one" ....##P Editorial by James M. Brunkenhoefer UTU National Legislative Director Railroads are constantly searching for opportunities to save money. I would like to make a suggestion based on the premise that the current, most widespread, system of discipline serves no one well. It doesn't help the railroads and it doesn't help you. Under the current system, the carriers are the arresting officers, judges, the juries and the courts of appeal. Their system is people intensive and those people all have to be paid to arrive at an outcome that is as predictable as anything I can think of. If something goes wrong and you are the closest person to it, then you are going to spend some time on the street. The time off only can have a negative impact on your attitude. You will learn nothing except how nice it is to spend some time with your family. The railroads smile smugly and think that their dollar investment in taking you off the job is money well spent. You can be honest with them, if that time on the street helped you learn to be more proficient at what you do, write them and tell them. Send a copy to me. Why don't the railroads wake up to the realization that they need to get to the root cause of the problem? What is it that will make them understand that training, not discipline, will prevent accidents and injuries? Why don't they invest their money in real training instead of on carrier officers who run around in the middle of the night trying to find out why a wheel fell off and secretaries taking dictation from superintendents proffering charges against good employees who just happened to be in the wrong place? Why do they want to spend their dollars tying up officers, employees and witnesses in a hearing that everyone knows will end in dismissal or some other form of penalty? What is their compulsion to pay for stenographers transcribing the proceedings? We all know who is going to be found guilty. Nothing positive comes out of this event for either labor or management. In spite of that, they just keep on doing it. It's as if they believe that the beatings should continue until morale improves. They have been doing it for over a hundred years. Why don't they buy into the concept of accident prevention through training and thorough understanding of the elements of their employees' jobs and responsibilities? I don't mean posters on the wall in the register room; I mean accident prevention. I believe accidents and injuries and rules violations happen because of a lack of training. I also believe that if the carriers would take some of the dollars that they use in the discipline process and instead invest in additional training for the employees, they would be much more likely to get positive results such as reductions in accidents, injuries and rules violations and improved attitudes. Believe it or not, this is how it is done in most other industries. This is a winning formula and it works. CSX is already moving in this direction. Isn't it time for the railroads to catch up? The employees are the most valuable asset a company has. Why not treat them as such? --Voices: Members share their opinions .............##Q Periodically, the UTU NEWS will contact members at random to report their thoughts on a question of interest to the general membership. This month's question: ARE YOU SATISFIED WITH YOUR OCCUPATION? "My only complaint would be that LACMTA doesn't make life easier on our membership, which would lighten my workload. I drove a bus for 23 years before becoming a full-time local chairperson, secretary to the general committee of adjustment, and chairperson of the state legislative board. I'd consider retiring, but there's a great group of able officers here, and we really like doing what we can to help the membership. As long as they want me, I'll be sticking around." -- VIC BAFFONI, L-1608, CHATSWORTH, CAL. "I'm very satisfied, and have been as a railroad man for 35 years. I've raised three children on my earnings. One's a dentist, another's a chiropractor, and the third is a machinist, and it was all made possible by UTU benefits we've received through the years. I'm a general chairperson on BNSF, and by craft I'm a conductor who began on the Santa Fe. I've always liked railroad work. My wife used to tell me this was the only part of my life I didn't complain about." -- JACK HOLDEN, L-771, NEEDLES, CAL. "I'm a pretty happy railroader, I guess. I'm a promoted conductor on a switching job in the yard for BNSF, sometimes working some local freights and coal trains. I like the physical aspects, and like the guys I work with. I could see myself retiring from here. My father and my grandfather both did it, so my eyes were wide open when I started here. The lack of quality family time and difficulty coordinating schedules with my wife can be a problem, but the job pays a lot of money." -- MARK MILEHAM, L-113, WINSLOW, ARIZ. "I've been railroading for 27 years, and on the whole, I'm satisfied. But it's probably due to being a conductor AND a union officer. At the railroad, as a conductor for UP, I'm just working for the bucks, but as a local officer, I'm working for my fellow employees, which is very satisfying. Because I'm involved and at meetings, I hear what's going on, whereas others maybe only hear second-hand information, which can be wrong and frustrating. I like the idea of being of service." -- LARRY ROMINE, L-473, LA GRANDE, ORE. --Feedback: Better start looking for answers ....##R I have been a union member for 57 years and an officer at one level or another of a union for 45 years. I retired from active union service in 1992, but retained my union affiliation in two labor organizations. I am now, and always have been, a fraternal trade unionist, and not a businessman passing as a trade unionist. Our forefathers, as trade unionists, banded together because they believed that in unity there was strength, and further, that the injury of one was truly the concern of all. It was this strong belief in the principle of comradeship that gave them the strength of purpose to challenge the "Lords of Money" who found it most convenient to rigorously separate their love of God from the love of their fellow man. The spirit of brotherhood that developed amongst workers helped in the struggle to overcome the control over their lives by the titans of Industry and their anointed political allies in government, at both the federal and state levels. It was this spirit of fraternalism coupled with the daily struggles of past generations of trade unionists that made possible the benefits of life now enjoyed by the families of today's generation of workers. I do not believe that the disconnected rail unions of today will prove capable of providing the united action needed to meet the power struggles that lie ahead in the rail industry, because a house divided cannot stand. The industry power brokers and their political allies in government are determined to put together a few transcontinental corridors for freight traffic, dismantle Amtrak, and throw the rest of the industry to the "sharecroppers" now desperately trying to operate 500 marginal short lines, and hoping someday to gain open access to the tracks of the major trunk lines. In many ways, I see us backtracking to where we began: we started to build a national rail system by linking together the separate short lines of yesterday. Now we find ourselves in the ridiculous position of dismantling the very system we created to fasten the nation together, by chopping the system into pieces, so that managers of today can build corridors designed for freight traffic only, without the interference of passenger trains. I remind you that Amtrak, with the exception of the Northeast Corridor, must operate its trains on tracks owned by freight railroads. Remember that 28 years ago, these same freight railroads went out of the passenger train business, and they don't want to go back and try it again. I believe that the present high-speed corridor mentality is not in the best interest of our nation if it is developed at the expense of our one and only national system of passenger trains. Research dollars now being paid consultants for feasibility studies on select corridors might be better spent on rebuilding and retooling Amtrak, training employees for the tasks that lie ahead, rebuilding its shops, signal systems, infrastructure, tracks, stations, and expanding its service to communities not now being served, and most important, by improving the lives of its workers, and the safety of their workplace. While it is true that I am no prophet, I see little advantage to the nation to spend tax dollars on high- speed corridors while Amtrak begs for needed funds from a reluctant Congress to keep the national system operating under the threat of reducing capital and eliminating operating funds if Amtrak is not "self sufficient" by the year 2002. In my view, first things ought to be first, and preserving and expanding our national system takes precedence over the development of questionable high- speed corridors at taxpayer expense and over the opposition of the manager of freight railroads. My message to all rail workers is simple. We now have problems looking for solutions, and you and your fellow union members had better become part of the team looking for the answers. If you are content to leave it to somebody else, you will not like the answer they give you. Together, you and your unions had better start doing your own research for the solutions to the problems you will face in the 21st century. What will happen to the jobs, wages, benefits, pensions and the other items that will impact the lives of you and your family in the conglomerate world of tomorrow? It's time to look at your hole card and see what it will take to stay in the game. The other players already know what they hold. Time is running out, and the question remains of whether or not the rail labor unions, as now structured, will be ready and able to meet the challengers of tomorrow. If not, isn't it about time for a change, a consolidation of forces, and a renewal of the faith in fraternalism? I leave you with this thought, in the words of Edgar Guest: "Things are very few on earth, that wishes can attain. What'er we want of any worth- we've got to work to gain." Do not let the next generation of rail trade unionists condemn our generation for the most deadly of our judgments- indifference. Dan Collins UTU Local 1393 3919 Evelyn Drive North Olmsted, OH 44070 --BLE sold VIA Rail workers down the river .........##S The following letter to International President Charles L. Little was written by former VIA Rail conductor R.F. Scarrow, who had been a member of UTU Local 472 at Windsor, Ontario: ------------------------------------ Dear Brother Little: I am writing to you in regard to the elimination of my position of conductor at VIA Rail Canada. I am a former UTU member who was forced to become a BLE member due to a representation vote which was ordered by the Canadian Labour Relations Board between the unions. Although it appeared to me that the company (VIA Rail) was supporting the BLE campaign, and the membership numbers favoured the BLE, they won the vote with a narrow majority. During the campaign, the BLE in Canada made many election promises. International President C. Monin committed to "enhance the former conductor and assistant conductor's standard of living." I am sure your office has reference to the BLE rhetoric. Upon becoming our bargaining agent, the brotherhood put up a "questionable" fight to preserve our jobs and enhance our standard of living. Subsequently, they signed an agreement which allowed most of our work to be awarded to the Canadian Auto Workers and secured a "bonus" for their elite members (locomotive engineers) to perform the rest of our duties. In my opinion, there was also another "secret deal" signed to protect the position of locomotive engineer at VIA Rail. The tentative agreement was put to a vote and accepted. I believe the vote was stacked against the former UTU members because what many call a "bribe." The majority of the BLE members (locomotive engineers) at VIA received a "bonus" for wiping out our jobs. They sold us down the river for a handful of change. It is my position that the BLE failed to live up to their solemn promises and commitments. Their credibility and integrity as an organization representing all their members is a joke amongst railroaders. If they only knew what a union was. As a result, some of the former UTU members at VIA Rail joined forces and filed unfair labour practices charges against BLE. The decisions in these proceedings are yet to be announced. It is my wish to make all UTU members aware of the BLE's true agenda when it comes to representing anyone other than locomotive engineers. They sell their jobs to secure an increase in wages for their members. Sincerely R.F. Scarrow PS: In Canada, we denote the BLE to mean "Brotherhood of Large Egos." STATE WATCH --News from UTU State Legislative Boards ........##T CALIFORNIA State Legislative Director J. P. Jones reports progress on the UTU-sponsored bill (Senate Bill 200) that, if passed and signed into law, would require two qualified employees on every freight train operating in the state. One of these employees must be a qualified trainman, according to the legislation. Earlier this year SB 200 passed out of the State Senate Industrial Relations Committee and moved to the Senate Appropriations Committee for further consideration. The bill passed in committee on a party-line partisan vote, with all of the Republicans voting no, or against the UTU position. Members can help get this legislation passed by signing up for TPEL, Jones noted. FLORIDA State Legislative Director Carl Cochran reports that on May 21, 1999, Governor Jeb Bush signed into law House Bill 121 which created the Three Strikes Violent Felony Offender Act. Besides reclassifying certain crimes as felonies, the act defines the label of "three-time violent felony offender" and requires courts to impose certain mandatory minimum terms of imprisonment for such offenders. It now classifies as a felony the "shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm." "Three-strike violent criminals will see the inside of prison for longer periods under this bill," said Cochran. "This means, in the state of Florida, if someone throws a rock or shoots at one of our trains, it will be a felony." NEBRASKA UTU International President Charles L. Little recently presented Nebraska State Legislative Director Ray Lineweber with an "Award for Excellence" at the annual spring dinner held by UTU Locals 7, 200 and 286. The award recognized Lineweber's outstanding service to UTU members and his dedication to TPEL. "Although the award was given to me and has my name on it, it should go to all of our UTU members, who so unselfishly give of themselves," Lineweber said. "It is also a reflection of the leadership of President Little and Assistant President Boyd, who have been very supportive of all of our legislative and safety efforts." A photograph of the presentation appears in the traditional print edition of this month's UTU NEWS. SOUTH DAKOTA State Legislative Director Rick Davids is behind the efforts of two South Dakota senators to have enacted rules which would require all railroad equipment to be marked with reflective devices to reduce rail-highway crossing accidents. Senators Tim Johnson and Tom Daschle are proposing legislation, which is intended to reduce accidents in which motorists run into the sides of trains at poorly lighted crossings, which occurs in 20% of collisions at crossings, according to the Federal Railroad Administration. Getting these types of regulations enacted on the state level has been tried for the past eight to 10 years, Davids said, but the state level "is not the place to do it. You'd have to stop every car coming in at the border," Davids said. "I hope it works, I hope they get something done," Davids said. "We have a lot of unprotected country crossings and trains are easy to run into. Anything we can to do prevent our crews from picking up remains in the middle of the night, we support." WASHINGTON State Legislative Director Tom Retterath would like to thank all UTU members in the state who contacted their respective lawmakers in the last several weeks regarding funding for operation of the new Seattle to Vancouver, B.C., Amtrak run. The funding for this project was included in the transportation budget which was passed by the state legislature on May 19. Appropriation of $17.6 million was made to continue two daily round trips between Seattle and Portland and to fund the existing Seattle-Vancouver round trip, as well as an additional $6.3 million to add a second Seattle-Vancouver round trip. "Thank you very much for all the phone calls, personal contacts and e-mails," Retterath said. "Those contacts made a big difference." Retterath also offered the following highlights of other rail projects included in the transportation budget: -- $9.4 million to renovate Seattle's King Street Station; -- $15 million for a Sound Transit-Amtrak joint maintenance facility; -- $3 million for acquisition of up to six rail passenger cars to add capacity to existing trains; and, -- additional funds for railroad overpasses in Seattle, Auburn and Tacoma. MONTHLY FEATURE --"UTU ready for the 21st Century" .................##U by UTU International President Charles L. Little Speech delivered at St. Louis Regional Meeting June 14, 1999 Good morning, brothers and sisters. My name is Charlie Little and I'm here this morning to tell it like I see it. In Los Angeles a few weeks ago, I spoke my mind and set the record straight. Here in St. Louis, I intend to do the same thing. Since we met in Los Angeles, there are several new developments that deserve comment. But before I do, I want to welcome all of you who have come to this year's second regional meeting. Our meeting in Los Angeles was a big success with more than 600 people attending, and we expect this meeting in St. Louis to be even bigger. In fact, I'm told we have about 1,000 people here. I also want to take a moment to thank all of those people who have helped organize this meeting, including Larry Foster, Norbert Shacklette, Ken and Carol Menges, Richard and Deanna Duley, Andrew and Linda Kinne, Donald and Annette Davis, Lyman Frank, Kerri Frank, and Leslie Prenger. We appreciate your hard work and dedication to the UTU. TELL IT LIKE IT IS Now, as I did in Los Angeles, it's time to tell it like it is. And there's only one place to start, and that's with the BLE. You need to know that the story we told in L.A. about the break-up of unification talks has been confirmed in a letter by the BLE first vice president. You know the story. We learned by reading the BLE website on May 8 that their Advisory Board had announced they were withdrawing from unification. At 4:15 p.m. on Monday May 10, BLE President Clarence Monin finally sent us a letter saying they were not going to unify because they were concerned about UTU finances. Everyone now knows-and the BLE First Vice President has now confirmed-that it was a phony excuse. In fact, the BLE First Vice President Ed Dubroski admits in his letter that BLE President Clarence Monin posted the resolution withdrawing from unification on their website knowing that this action "would provoke the UTU" into reacting exactly the way we did. He said that President Monin deliberately "provoked the UTU into going back to the National Mediation Board." He said that President Monin is "willing to risk all in his effort to keep his position." Now, let me get back to the UTU's finances. You have heard by now that on the morning of May 10, Ernst & Young, one of the world's largest and most- respected accounting firms, finished their final audit of UTU's 1998 finances. They said the UTU's finances are strong and stable. That report by Ernst & Young was the BLE and Monin's worst nightmare. It popped the balloon on their cooked-up financial excuse. The Ernst & Young Report also deflated the hot air coming from a handful of self-serving UTU politicians, who "cooked the books" to make us look bad to further their own secret agenda. UNION FINANCES NOT TROUBLED Four years ago this union's finances were troubled. Today, they are not. But these few people think they know more than Ernst & Young and professional accountants. You know what, I'll take Ernst & Young's word any day. I'll take their word over any one who would actively work with the BLE and "cook the books" to destroy unification and hurt the UTU. Today, as the Ernst & Young report shows, the UTU has nearly $44 million dollars in the bank. Today, the UTUIA has record assets of more than $221 million dollars and record reserves of about $35 million dollars. But on May 8, the BLE said they were concerned about our finances, and that's why they called off the unification. Well, Ernst & Young has no concerns, and neither do we! If anyone should be concerned about finances, it's the BLE. In fact, in a recent article in the Daily Labor Reporter, the BLE's general secretary and treasurer admitted the BLE has been operating in the red for 30 of the last 34 months. Now, there isn't a business, union or family that doesn't operate in the red in some months. But 30 out of 34 months? Something's wrong there. Especially since the BLE's International dues are 40% higher than the UTU's dues. Even with higher dues, the BLE can't operate in the black. By their own admission, the BLE's general fund has been in the red for the last three years, and its strike fund is nearly depleted, with only about $32,000 dollars. The BLE has not yet filed its 1998 LM financial report with the Department of Labor, which was due in March. What are they trying to hide? In the real world, the BLE should be happy to unify with a financially strong partner like the UTU. But, once again, it appears that the BLE's timing was way off. They forgot we had Ernst & Young coming in on May 10. They forgot we have money, and that they don't. I think they must use Serbia's public relations firm. The Ernst & Young Report shows that the BLE's public excuse for pulling out of unification was a fraud. It was a cover story concocted to cover up much deeper problems in the BLE leadership in Cleveland and around North America. No, the real reason the BLE dropped out of unification is because Clarence Monin and some other officers ran scared from a recall. Monin chose to throw away unification because he couldn't take the heat and he didn't deal a straight hand. He couldn't stand up to a closed-minded BLE minority, and according to Ed Dubroski, he "misled and deceived" their officers and members. Monin chose to try to save his own skin by trading unification to keep his job. He and his cronies chose to betray the BLE membership to keep them from voting on a recall and on unification. Tell me, what happened to the myth of the BLE democratic process? Tell me, why did the BLE Advisory Board order their general secretary and treasurer not to send out the recall ballots he had ready to go on May 8? What was the deal? I think everyone in this room knows that answer. In fact, it took a Federal judge in Cleveland to right that wrong. The judge denied Monin and the BLE's request for a temporary restraining order to stop the recall. The judge said that the BLE membership should be allowed to vote on the recall, and that Monin and the BLE were wrong to stop it. The BLE recall ballots have been sent out. They are due back by the end of July. Right now it appears that the BLE is imploding from within. Their first vice president said that their "Brotherhood is nearly paralyzed" and their "Constitutional process has broken down." The BLE is engaged in a civil war. They are at war with each other. They are a house divided. Now, we hear rumblings that the BLE and the BMWE are discussing merger, again. In fact, the BLE's first vice president wrote that the president of the BMWE tried to wedge in between the UTU and BLE just days before we signed the Statement of Principles. TALK ABOUT STRANGE BEDFELLOWSTalk about strange bedfellows. The BLE didn't like it when we talked about the relationship between train and engine service. What will their members say about the linking of engine service and maintenance of way? What will they say about the golden parachutes their officers and BMWE officers will guarantee each other? I said it in Los Angeles, and let me repeat it here in St. Louis: The UTU is committed to operating unity. We bent over backwards to accommodate the BLE and its culture. We knew the real condition of BLE finances. But we truly wanted to create a new union where democratic principles and historical craft autonomy was honored. We wanted to take advantage of the power of one union representing all operating employees during this time of change in the rail industry. We have wasted enough time working in good faith with the BLE and trying to do what is right for the future of operating rail employees. We have exhausted our efforts and our patience working inside the "house of labor" to forge a meaningful and fair unification with the BLE. The UTU has done everything the AFL-CIO asked us to do in working with the BLE to unify during the last year. President John Sweeney and Tom Donahue know that only one union should represent operating railroad employees. They know we operated in good and open faith with the BLE. They know the UTU is sound financially. And they know we didn't kill unification-the BLE did. They also know the real reasons. And those reasons are not UTU finances or what the dues would have been in the new union. Remember that our dues are 40% less than the BLE's International dues. WINNER-TAKE-ALL ELECTION So, we have asked the National Mediation Board to sanction a winner-take-all representation election on the Union Pacific Railroad. We believe it is the NMB's duty to let the future take its course and allow a democratic election on the nation's largest railroad. We believe the NMB has enough facts to order the UP election, and will have even more facts after hearings in early July. Now you may have heard that the BLE is staging a rally in Washington, D.C., on July 6 to try to intimidate the NMB. It has also come to light that the BLE's mobilization team is being called a "brownshirt army." For anyone who remembers, the brownshirts operated in Germany in the 1930's. They were a contemptuous group and have no place in America or in the American labor movement. They are an affront and slap in the face to every World War II veteran and every American. Their formation by the BLE speaks to the lowest form of leadership and paranoia. Regardless of the BLE brownshirts and their tactics in Washington, D.C., or elsewhere, we believe the NMB will make a decision by the end of August allowing a representation election on the Union Pacific. And when we win the UP election -- And the next on CSX -- And the next on the Burlington Northern Santa Fe -- And the next one on the Norfolk Southern, and every other Class I railroad; when union members have spoken in a free democratic election not stymied by paralyzing BLE politics, there will be only one operating rail and transportation union left standing. And it will be the UTU. On that day, and let me repeat here what I said to your brothers and sisters in Los Angeles, the last words of BLE history will be written in the final chapter that began on May 8. That was the day its leadership backed out of the best unification deal in rail labor history in order to save their own skins. And in the process, the BLE betrayed its members, and also every other union member in North America. I'm a very easy person to understand. I tell you what I'm going to do. I tell you how I'm going to do it. And then I set out to get it done. Four years ago, when I was elected president of this great union, I told everyone what I was going to do. I put together my "Blueprint for a New Beginning," along with a talented team of UTU leaders, and I promised to get things done. I didn't really care about making friends, or creating enemies. I cared about fixing what was wrong, and kicking this union up a few notches. Along the way, I've made some new friends, and some new enemies. And you know something, I'm proud of both accomplishments. But this union needed a new beginning, and a new vision for the future. We needed to fix our finances, and we did. We needed to strengthen our organizing, and we did. We needed to restructure and reinvigorate the international, and we did. We needed to automate and computerize, and we did. We needed to boost our political clout, and we did. We needed to be proactive and set a positive agenda for the 21st century, and we did. Four years ago, the 21st century still seemed far away. But now it's about six months away. UNION PREPARED FOR 21ST CENTURY My goal has always been to prepare the UTU to be North America's number one rail and transportation union in the 21st century, and we have done that. The UTU must be a union that represents 21st century rail and transportation workers using leading edge techniques. We cannot be held captive to 19th century thinking that seeks to preserve the past at the expense of your jobs and your family's future. We care about preserving all of your jobs and crafts, not solely preserving a single craft. That's why we will press on with our mission to unify all train and engine service employees under the UTU umbrella, and we will not stop until we win. That's why we will continue to expand our organizing efforts at bus operations, regional airlines and shortlines! That's why we plan to increase our political presence across the U.S. in preparation for the presidential elections in 2000. And that's why we cannot stop the momentum that has resulted in so many positive results for our union. As I stand before you today, I am proud to report that the UTU is prepared to tackle the challenges of the 21st century. Our "New Beginning" has firmly taken root. The UTU will begin the 21st century as North America's leading transportation union. Our finances are strong and stable. Our membership is growing. The UTUIA is at all-time highs. We are Y2K ready. And we are ready to take on the BLE in representation elections on the Union Pacific and across the U.S. THE BLE WILL NOT STANDThe UTU is not a house divided. We will stand, the BLE will not. We are a union of brothers and sisters of many crafts who look out for each other and do what is right. We do not sell out our brothers and sisters to put a few more dollars in our back pockets by taking away another person's job. Just ask those conductors on VIA Rail in Canada or the Montana Rail Link or the Soo Line about what the BLE did to their jobs. I am proud to report that every International officer, except one, stands with us. I am proud to report that every International officer, except one, has poured their hearts and souls into protecting your job and future in the rail industry. I am proud to report that every International officer, except one, is working with your best interests at heart. Eugene Debs' vision is within sight. The promise of unification will finally give operating employees the power of one to take on the mega-railroads. Our accomplishments have taken the hard work of many fine people. At the head of that list is Byron Boyd. Nobody works as hard as he does and covers as many miles as he does each year representing your interests. Byron is the best assistant president I can ever remember in UTU history. We share the same vision and principles. And, more importantly, we share the same passion to make a difference. We vowed not to sit on our hands. We said we would not suffer fools. We said we wanted to make history, not become a part of history, and that is what we are doing. We also know that we need a strong team at the International and in other leadership positions. People like Dan Johnson, Paul Thompson, Bob Earley, Larry Davis, Mike Futhey, Al Smith, Bruce Wigent, Kim Thompson, Pete Patsouras, Rick Marceau, Guy Scarrow, and John Armstrong. In the Bus Department, people like Bernie McNelis and Percy Palmer. In the Yardmasters Department, old pros like Don Carver. The UTU is also blessed with outstanding legislative leaders, like Larry Foster, Jim Stem, Jack Shaver, Joe Szabo, Bill Thompson, Ray Lineweber, Tom Dwyer, Sam Arrington, Larry Foster, Don Dunlevy, Dave Brickey, Pat Hendricks, and many others. Then there's Tim Secord in Canada. Everybody who knows Tim Secord knows he has his own unique way to get results. Now, you're probably asking yourself, "What about Brokenrail?" As you probably know, both Brokenrail and I are Texans. Now, you have to be pretty tough to be a unionist in Texas, and pretty darn street smart. Brokenrail's instinct, knowledge and "street smarts" about Washington and politics is of vital importance to Byron and me, and to everyone in this union. It is a major reason for our political success. It's a major reason why about 98% of UTU endorsed candidates won their races in the last elections. TPEL IS NUMBER ONE In fact, TPEL is the number one transportation political action committee in the U.S. and has helped put us at par with the carriers in Washington. Brokenrail knows how we made real history at the National Wage and Rules Panel with our landmark announcement this spring to eliminate serious work/rest issues. Brokenrail and the other true leaders in this union know that the wage and rules panel is our best hope for the best deal we can get on our major issues. First of all, the wage and rules panel, contrary to what a few misinformed politicians may think, is where we can get real results, like we did on work/rest issues. We have implemented many pilot projects to test different solutions at many different places. They are just that, pilot projects. Rest assured that there will be no implementation of any agreements without the ratification procedures in our Constitution being followed to the letter. The UTU is driving the agenda at the wage and rules panel. Now that the BLE has dropped out of unification, we believe we will be able to accomplish even more. We are working to end the entry-rate pay and dual basis of pay for post-1985 members. We intend to make sure that the most productive rail workers in the world are paid accordingly. Finally, after decades of declining railroad employment, thousands of new operating employees are being hired. We have been successful in organizing Renzenberger van drivers in California and in other places. We are on the upswing again. Since 1997, Byron and I have attended 17 general committee meetings and answered every question asked. Over the course of this administration, we have had question-and-answer "shoot-outs" in Chicago, Memphis, Seattle, North Platte, Des Moines, Cheyenne, Denver, Houston, Kansas City, Nashville, Jacksonville, Toronto, Vancouver, Victoria, New Orleans, Los Angeles, Roseville, Massillon, Ohio, and three in Cleveland. The drumbeat we are hearing is to continue going down the same track. From every corner of the union, we are being told to take on the BLE for the last and final time. From every corner of the union, we are hearing that our work in getting CSX and UP to enact new disciplinary programs are right on track. We are hearing that MEMBERSHIP I is making a big impact wherever it goes and is worth every cent. We are hearing that members are looking forward to more healthcare choices when BlueCross BlueShield comes on line January 1. I have said that we would like to get the national freight-handling contract finished as quickly as possible. I believe we can do that now that the BLE will no longer slow us down. You must understand this: I do not believe in being confrontational with the carriers, unless they offer no other alternative. I believe in beating them with facts and figures, and good, hard negotiating. I believe in seeking common ground where we can agree on issues that are good for you and good for your employers. We are very fortunate this time. The economy is booming and railroads need tens of thousands of new workers to compete. They need us more than at any other time in the last 30 years. They need us because if the Conrail carve-up fails, and right now there are many trouble spots, the railroad industry will be re-regulated to death by Congress. As I said, there already are problems popping up with this merger. Let me assure you, we are watching CSX and Norfolk Southern very carefully. We know what's going on in Elkhart and Cleveland. We know what's happening in Toledo and Harrisburg and Chicago. We know what's happening in Buffalo and other places. We have been to this party before. UTU WILL NOT TOLERATE ANOTHER UP We have told Norfolk Southern in particular to fix their problems. We have told them that we will not tolerate another UP situation for very long. They know it can be a long, hot summer if they don't get their act together. They also know the news media is watching. They know they don't have much time to turn things around. The Union Pacific learned how much they needed the UTU to climb out of its service crisis. We-you-saved that railroad. The carriers know that they need our expertise to keep pace with truckers and other forms of transportation. The carriers know they need professional union operating employees to compete in the 21st century. They know they need the "new" UTU. Now, Norfolk Southern and CSX need the UTU-and you- more than ever. Once again, it will be UTU members who will save their hides. But what we are doing is protecting our jobs, and making the case once again that UTU members are the best union rail employees in North America. That is why the time is now for the UTU! The 21st century will be our time to carry forward the torch of proactive unionism. By the end of this year, we will be in heavy negotiations on a new national contract. By the end of this century we will have beaten the BLE on the UP, and probably other railroads. As the 21st century begins, we will be the undisputed rail and transportation union in North America dedicated to representing our members with true grit and determination. Tim Smith and the members of Local 1391 in Lorain, Ohio, know about grit and determination. They also know what the UTU did to help them in their fight to keep the 104-year-old Lake Terminal Railroad operating at the steel mill. Ask them what we did to help them. Ask Ken Filipiak in Chicago what the UTU did to get him his job back at the Chicago Belt when he was fired for witnessing a fatal accident and not saying what the railroad wanted him to say. As long as I stand here as your president, I will fight for the Ken Filipiaks. I will fight for the small locals, like Local 1391 in Lorain. I will fight other unions who want to steal your jobs. DOING WHAT IS RIGHT And I will fight the carriers, at the negotiating table and in Washington, to do what is right for you. I am not concerned about saving my skin, unlike some other rail union presidents. I am not concerned about making friends and being liked by the carriers, or other union leaders. I have only one concern, and that is to give you everything this union can. So you make a good living. Have a good life. Raise your families in security. And feel pride in who you are and what at you do at your job. Thank you and God bless you. SENIOR NEWS --RC&D's Kelley makes it happen .................##V Retiree Paul R. Kelley, of Local 199, Creston, Iowa, will tell you there's life after 43 years of railroading, and it's a great time for "Making Things Happen." The 68-year-old Kelley last April was elected president of the seven-state North Central Resource, Conservation and Development Association (RC& D), an organization that uses the above quote as its motto. The RC&D program, with a $70-million budget, is administered by the U.S. Department of Agriculture as one of the few federal grassroots-driven programs where local people decide what issues are important and what projects will be adopted. "We're working on a dam for a nearby community facing a water supply problem," said Kelley. "We're also trying to set up Hispanics and other minorities in farming ventures to grow crops you usually can't get in Iowa. We're collecting pollen for pharmaceutical companies that make anti-allergy medicines, and we're looking at creating a domestic hazelnut industry. That's never been tried here and may be a failure, but someone has to be the cutting edge. We set it up, and if it works, we turn it over to someone and let them make a living." While Kelley is president of the RC&D Iowa League and a member of the national RC&D board of directors, he's also the devoted husband of a woman who gave him three boys, all now working for BNSF. Brother Kelley began rail work with the Chicago, Burlington & Quincy as a brakeman and member of BRT Lodge 99 at a time when work was hard to find and lay- offs frequent. "Every time I got laid off, I'd head back to Iowa State, where I studied horticulture, botany and forestry. I was offered management positions with the railroad and banks, but learned you couldn't work those jobs wearing overalls!" The greatest lesson he's learned, Kelley said, "is the importance of getting involved. We can learn a lot from our association with other human beings, and it's about the most important thing in life." --Lawmakers still seek Social Security reform ......##W Democrats and Republicans on a key House committee recently agreed with Clinton Administration officials to continue searching for a compromise Social Security rescue plan as wrangling continued in the Senate over what to do with budget surpluses. Events affecting Social Security generally affect the Tier I portion of Railroad Retirement benefits. House Speaker Dennis Hastert (R-Ill.) late last month emerged from a closed-door meeting with 25 members of the Ways and Means Committee to tell the press that the bipartisan session was a signal that Social Security reform is still possible this year. Among those participating in the session was Social Security Commissioner Kenneth Apfel, a sign observers interpret as promising. Rep. Bill Archer (R-Tex.), Ways and Means chairman, said both sides agreed to "expend every effort" to achieve reform of the pension system, which faces insolvency by 2034. Several rank-and-file lawmakers echoed the positive nature of the session, but some cautioned that tough decisions lie ahead. Meanwhile, Senate Democrats recently blocked a bill Republicans said would protect Social Security surpluses. The measure would require support of 60 of the 100 senators to approve using Social Security funds for tax cuts or increased spending. Democrats began their delay tactics after Republicans refused to let them offer an amendment that would set aside over the next 15 years $698 billion in surpluses that don't come from Social Security to revamp Medicare. The controversial amendment would reduce the money available for a tax cut sought by Republicans. "Given the choice between Medicare and tax cuts, or just tax cuts, our Republican colleagues are choosing just tax cuts every time," said Senate Minority Leader Tom Daschle (D-S.D.). --LVRR, 712th TROB, PRR veterans to reunite .....##X As summer begins in earnest, plans are coming together for reunions of veterans of the Lehigh Valley Railroad (LVRR), the 712th Transportation Railway Operating Battalion (TROB), and Indiana-area retirees from the Pennsylvania Railroad. The 17th Annual LVRR Reunion and Dinner will be held September 18, according to Eugene K. Schuler of Local 498, Allentown, Pa. The event, open to all crafts, will be held at the Plainfield Township Fire Hall, RD #1, Pen Argyl, Pa., on Rt. 115 in Northampton County. Doors open at 11 a.m., with dinner served at 1 p.m. Schuler noted that former UTU LVRR General Chairperson Jim Reilly, longtime chairperson of the reunion committee, was recently hospitalized, but is recuperating and looking forward to the event. In addition, Schuler and his wife Eleanor were recently inducted in the Pennsylvania Voters Hall of Fame at a special ceremony honoring those who participated in 50 or more consecutive general elections. For information, contact Schuler by writing to 1359 N. VanBuren St., Allentown, PA 18103, or by calling (610) 432-0631. Later that month, former members of the 712th TROB (including World War II and Korean War veterans) will be reuniting at the Executive Inn Riverfront in Paducah, Ky., September 23-26. For more information and to make plans to attend, contact Charles W. Sewell, 223 Cumberland Rd., Gilbertsville, KY 42044, or call (270) 362-8211. Meanwhile, Retiree Program member R.L. Brown of Local 1518, Indianapolis, Ind., said the 19th Annual Pennsylvania Railroad Reunion , hosted in Columbus, Ind., will be held Tuesday, July 13, and that meetings of the PRR veterans are always held on the second Tuesday of each month. Brown said the event, to be held in the Columbus, Ind., Holiday Inn, draws about 100 participants and will run from 9 a.m. to 2 p.m. For more information, contact Brown at (812) 376-8273, or write to him at 3170 Flintwood Dr., Columbus, IN 47203. --T.F. Moore, Jr., D.D. Lewis pass away ............##Y Thomas F. Moore, Sr., retired former UTU Board of Appeals Secretary and former Switchmen's Union of North America (SUNA) general chairperson on the Southern Pacific (SP) Western Lines, passed away after a long illness, just 15 days shy of his 83rd birthday, on June 8 in Tucson, Ariz. Brother Moore hired on with the SP as a switchman in 1937. As a charter member of SUNA Desert Lodge #60 (now UTU Local 1800), he held every local office. He was elected to SUNA's first GCA on the SP Western Lines, serving three terms as General Secretary, and was elected to the SUNA Board of Directors in 1953, holding that position until unification, when he began serving on the UTU Board of Appeals until his retirement in 1979. Daniel D. Lewis, retired Chesapeake and Ohio (North) general chairperson, died as the result of a heart attack on June 5 at the age of 66. Brother Lewis began his career as a switchman in 1956 on the Chesapeake & Ohio. He was elected local chairperson in 1978, secretary of his general committee of adjustment in 1979, and vice chairperson in 1983. In 1985, he became general chairperson, a position he held until his retirement in December 1996. --The Final Call ................................##Z Following are the names of members of the UTU Retiree Program who have died recently, according to reports received at the UTU International Headquarters. These brothers and sisters will be sorely missed by their many friends and by fellow UTU Retiree Program members. LOCAL NAME CITY 0006 Haniford, T.M. Cocoa, FL 0095 Harmon, D.E. Delmar, NY 0300 Leonard, John T. Jacksonville, FL 0322 Paape, Winfred A. Green Bay, WI 0432 Rodgers, John W. Palestine, IL 0440 Stingley, Raymond L. Jamestown, OH 0453 Laws, Carl J. Clinton, IL 0602 Courogen, Michael C. Sunbury, PA 0602 McMullen, Cecil C. Sodus Pt., NY 0656 Smart, Delphard E. Bryant, AR 0653 Seidel, Gordon T. Blue Island, IL 0860 McClelland, Roger D. Gallipolis, OH 0931 Herndon, John H. Grover, NC 1074 Cole, James B. New Stanton, PA 1376 Batt, Charles T. Johnstown, OH 1458 Myers, Martin Schriever, LA 1469 Smith, Cecil E. Whiting, KS 1538 Wallace, Dean E. Sun Cty. Ctr., FL 1634 Slyker, Glenn E. Huron, OH FELA UPDATE --Who can you turn to? ............................##AA All of us are aware of how dangerous railroading can be. How many of our wives, husbands or children know what to do in the event of injury? Do your dependents have a telephone number to call to get advice in the event of your death? It's not a question which is easily asked. Unfortunately, it is a necessary one. Most railroaders don't know how to handle these tragedies. Almost none of their dependents do, either. Unfortunately, railroad representatives have been known to take advantage of these families because they are grief stricken and without knowledge of their rights. This is one of the most important reasons that the UTU has appointed Designated Legal Counsel, in order to give advice under the most stressful circumstances. You owe it to your family and to your loved ones to sit down with them and to explain what can happen to you, and who they can turn to and trust in the event they need help. Monte Bricker, Coordinator Designated Legal Counsel 1-888-241-7076 NOTICES --UTU Canada boasts new website ................##BB UTU Canada has completed its Internet website. Previously, the UTU Canada site was a separate page off the UTU International's website (www.utu.org). You can access the page at <http://www.utu-canada.com>. --Health care providers out of the loop ...........##CC Effective May 31, 1999, Medical Associates of North Georgia, in Canton, Ga., will no longer be participating in the Atlanta, Ga., PPO, Managed Choice or Elect Choice networks, Aetna US Healthcare has announced. Also, Bayonne Hospital in Bayonne, N.J., has been terminated from the network. --Monthly apparel winner announced .............##DD This month's lucky winner of his choice of any item of apparel bearing the UTU logo is William F. Jones of Stone Mountain, Ga. Brother Jones is a member of Local 1033 in Atlanta, Ga., which represents workers employed by CSX/ L& N. These items are awarded every month by random drawing as a show of appreciation to the many members who have supported the UTU throughout the years. Congratulations to Brother Jones! --Regence Blue Cross/Blue Shield slated ...........##EE Ask people if they want more choice in taking charge of their family's healthcare, and the answer is a resounding, "YES." For the first time in more than 30 years, many railroad workers will be getting a new healthcare choice. The new United Transportation Union Health & Welfare Plan for UTU covered employees on the major railroads of NS, CSX, Conrail, BNSF, UP and KCS will give them a major new healthcare choice-Regence BlueCross/BlueShield. Open enrollment for the new UTU Plan will give about 43,000 members working under UTU contracts the option of signing up with a new healthcare plan, Regence Blue Cross/Blue Shield. If members want to change, then they must return an open enrollment form by October 1. So, now it's your choice -- finally. If you like your current healthcare plan-United Healthcare/Aetna-then you do not need to return your open enrollment form. But if you would like to change to Blue Cross/Blue Shield, then you must return your form. If you are a member of a Hospital Association, your dependents can be in BlueCross/BlueShield. It's time to think about your family's healthcare future, so watch for the open enrollment form coming next month. Eventually, the goal is for all UTU-covered employees to be eligible for the plan. --UTUIA offers ULTIMATE PAR Policy .............##FF UTUIA is proud to provide a permanent whole life policy that lets you choose the length of your premium paying period -- whether its one year or 30! Unlike other whole life insurance, the flexibility of ULTIMATE PAR is in the premium-paying period. This policy can be created to allow premiums to be paid for shorter durations than the lifetime of the insured. A limited premium-paying pattern allows you to make payments during the period when your earning power is high and relieving you of payments during later years when income decreases, such as at retirement. Under a limited premium-paying pattern, you can create a policy which is paid-up with a single premium, or the premium can be spread over any number of years you select. ULTIMATE PAR is especially suited for adults who wish to create a paid-up policy as quickly as possible, or to parents or grandparents who wish to provide a paid-up policy for their children or grandchildren. Issue ages are 0-70. Make your own choice about the schedule of your premiums by choosing UTUIA's ULTIMATE PAR. For more information, contact your UTUIA representative, or call the UTUIA Marketing and Sales Department today toll-free at (800) 558-8842, Ext. 211.
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UTU NEWS
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JULY 1999
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PROGRESS THROUGH UNITY
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