UTU NEWS
Volume 31 August 1999 Number 8 UTU NEWS
ONLINE EDITIONAUGUST 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
"I'm not going to beat around the Bush. We need Al
Gore in the White House."-- UTU Assistant President Byron A. Boyd, Jr., July
12, 1999, Washington, D.C.------------------------------------------------------
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 progress being made through the SACP process
("Inside SACP; what it means to you"), have your word
processing software or on-line editor search for the
text ##Q.IN THIS EDITION
--UTU will protect engineers: BLE attorney ........##A
--UTU asks STB to support new law on vans ......##B
--Metra conductor slain ...........................##C
--Conductor dies in cab of train ...............##D
--Amtrak funding brighter, but must improve .......##E
--UPUYC reaches tentative agreement ............##F
--Member pushes teen from tracks ..................##G
--President Little undergoes surgery ...........##H
AROUND THE UTU
--News from around the U.S. and Canada ............##I
MEMBERSHIP PROFILE
--Member preserves maritime connection .........##J
BUS DEPT. / STREET BEAT
--"Coach USA buyout prompts questions" ............##K
Editorial by Bernard J. McNelis
Vice President and Director, UTU Bus Dept.YARDMASTER REPORT
--"Diligence leads to UP agreement" ............##L
Editorial by Don R. Carver
Assistant to the President, Yardmasters' Dept.EDITORIALS
--Washington Week in Review .......................##M
--"Thank you all!" .............................##N
Editorial by Charles L. Little
UTU International President--"Philosophy of Pogo still very true today" ......##O
Editorial by James M. Brunkenhoefer
UTU National Legislative Director--Voices: Members share their opinions .........##P
--Feedback: Inside SACP; what it means to you .....##Q
by Ray Lineweber
UTU Nebraska State Legislative DirectorSPECIAL FEATURES
--UTU's closing statement at NMB ...............##R
--"The true UTU spirit" ...........................##S
Speech by Byron A. Boyd, Jr.
UTU Assistant President
Delivered at UTU Regional Meeting
Washington, D.C., July 12, 1999--Washington Quotebook ..........................##T
--Gore, Gephardt, Bonior praise UTU ........... ....##U
STATE WATCH
--News from UTU State Legislative Boards ........##V
SENIOR NEWS
--RRB report shows continued improvement ...........##W
--Retiree starts phone company ..................##X
--Clinton proposes prescription drug benefit .......##Y
--Richard "Dick" Estes succumbs to cancer .......##Z
--The Final Call ..................................##AA
TPEL HONOR ROLL
--Contributors' continued support recognized....##BB
FELA UPDATE
--It's easy to call a Designated Counsel ..........##CC
NOTICES
--Quadrennial Convention reminders .............##DD
--Healthcare enrollment choice ....................##EE
--Monthly apparel winner announced .............##FF
--UTU dedicates new Washington, D.C., office ......##GG
--Scholarship named for Chessers ...............##HH
--UTU policy concerning fees objectors ............##II
--UTUIA offers IRAs, flexibility ...............##JJ
====================================================
IN THIS EDITION
--UTU will protect engineers: BLE attorney ........##A
WASHINGTON -- The historical craft of locomotive engineer is not threatened with going out of existence if it is represented by the United Transportation Union (UTU), the top attorney for the Brotherhood of Locomotive Engineers (BLE) admitted at the conclusion of National Mediation Board (NMB) hearings on July 10.
During closing arguments on July 10 at the NMB, BLE's legal counsel, George H. Cohen, said that the UTU's Constitution and Unification Agreement will protect locomotive engineers' seniority and agreements if an election is ordered on the Union Pacific Railroad (UP) and the UTU wins the election.
Cohen's admission during his closing argument burst the bubble on the BLE's claim that the UTU is trying to "eliminate the craft of locomotive engineer."
"The BLE has been trying to whip up the false fear that locomotive engineers will cease to exist as an historic craft or class if the UTU wins an election on the Union Pacific Railroad," said Byron A. Boyd, Jr., UTU assistant president, who is a Union Pacific engineer. "But their attorney told the NMB just the opposite. They have been misleading their members and all locomotive engineers."
During his speech at the opening session of the Washington Regional Meeting, Boyd reported on the NMB hearings, which began on July 6 and concluded on July 10. Joining UTU General Counsel Clint Miller's legal team was former Secretary of Labor Ray Marshall, who served under the Carter Administration.
"I believe that the UTU presented a powerful and convincing case that shows one union should represent the employees who work in the engine cab," said Boyd. "There has been a lot of BLE hoghead hogwash saying that the UTU is trying to do away with the craft of locomotive engineer.
"Well, I'm an engineer from the Union Pacific Railroad," Boyd continued, "and there is no way the UTU is going to do away with the craft of locomotive engineer - or any other historical craft. Our Unity Agreement and Constitution prohibit it."
Boyd said, "In fact, during the BLE's closing argument on Saturday, their legal counsel, George Cohen, admitted that the UTU's Constitution and Unification Agreement will protect engineers' seniority and agreements if UTU wins the UP election, if an election is ordered by the Mediation Board. That's a very different tune than what the BLE's propaganda machine has been spewing out about the UTU trying to destroy the historical craft of locomotive engineer. Once again, the truth is out there."
The BLE's admission that the UTU will protect and preserve the historical craft of locomotive engineer is a blow to its core argument since scuttling unification. By admitting that the UTU Unification Agreement and Constitution would protect the rights and seniority of engineers, the BLE also pointed out that "only the collective bargaining agent" would change if a representation election was ordered by the NMB and the UTU won.
In his closing argument, BLE attorney Cohen said: "At the end of this procedure if this agency (NMB) were to grant this application (for a representation vote on the UP) and if this union, the UTU, was to win an election in a combined craft or class, at that point in time not only would all these seniority rosters and all these seniority rules remain in effect unchanged and therefore in our judgment effectively foreclose what anything could possibly constitute, quote, 'functional integration' but, as well, the historic craft autonomy would be applicable to the engineer craft, and Mr. Boyd was very clear, as indeed Article 80 of the (UTU) Constitution and the unification agreements spell out, what that means in the most simplistic terms is no collective bargaining agreement that affects the craft or class of engineers now internally within the governance of the UTU can be put into effect unless a majority of the engineers ratify that agreement. That was made crystal clear both in the document, the public relations piece, and the testimony of Mr. Boyd."
If a representation vote on the Union Pacific Railroad is ordered by the NMB, Cohen said, "All it is going to change is who is the representative and how many members they have and how much dues they are collecting. It isn't going to change craft autonomy. We have been told that. Craft autonomy for the engineers is alive and well."
When the hearings began, news reporters said that fewer than 300 persons attended a BLE rally planned to intimidate the NMB. The BLE had claimed that up to 1,000 persons participated.
The UTU and BLE will submit briefs to the NMB by August 2, and reply briefs by August 9. A decision is expected by the end of August.
--UTU asks STB to support new law on vans ......##B
WASHINGTON -- The UTU is asking the Surface Transportation Board (STB) to support creating regulations to protect railroad crews being transported by van and taxi services in the aftermath of the latest deadly accident in Illinois on July 1 that killed two persons and injured two more.
One of the dead, Gerry T. Bradshaw, 49, a conductor for 29 years on Norfolk Southern (NS), was president of UTU Local 768. Also killed was van driver Carol Miller, 55. Brakeman and Local 768 member Josh Irby, 28, of Decatur, and Engineer Gary Martin, 50, a BLE member of Oakley, Ill., also were injured in the crash.
The latest casualties add up to at least nine people -- union rail workers and van drivers -- who have been killed in collisions with trains while being transported in unregulated vans and taxis working for a railroad, according to news reports.
The van pulled onto the tracks and was hit by an NS freight train traveling an estimated 60 mph.
UTU members have complained in Illinois and elsewhere about over-tired van drivers and unsafe vehicles being used to transport them, but the carriers have not acted to resolve the issue.
"If the carriers won't provide safe transportation for our members," said Charles L. Little, UTU International President, "then we are asking for support from the STB before the proper regulatory authorities."
Illinois State Legislative Director Joe Szabo said that the transportation of rail crews in van-taxi services "is the top legislative priority in the state."
UTU officials recently told STB Chairperson Linda Morgan about the dangers and problems associated with unregulated van services transporting rail workers during a conference on Conrail integration issues. National Legislative Director James Brunkenhoefer told Morgan that the transportation of rail crew employees operated in "an unbelievably large loophole" with "exhausted drivers driving exhausted rail workers across state lines" and that "serious accidents" had occurred because of this situation. Morgan said she would look into the situation.
"Just days after Brunkenhoefer's statement, another serious - and deadly - accident occurred," said Little.
"I have great confidence that Linda Morgan will do the right thing. This latest accident makes it important that the STB jump on this issue immediately, or I fear more lives will be needlessly lost, especially during the current problems on Norfolk Southern," Little said.
Little said the STB needs to champion setting hours of service and vehicle safety standards for van services and create a strong method to enforce them. The UTU is actively organizing rail crew van service employees to try to improve working and safety conditions, and has been successful in organizing many Renzenberger employees in California and elsewhere.
--Metra conductor slain ...........................##C
A $25,000 reward was being offered by Chicago's Metra commuter railroad as this edition reached deadline for information leading to the arrest of the person or persons responsible for the shooting death of Wilbert Hooten, 64, a member of UTU Local 1290 in Chicago.
Hooten was shot aboard a train on July 17.
"It's a very sad situation, because Hooten was well liked by fellow employees, and was looking forward to retirement in a few months," said Joe Szabo, Illinois Legislative Director, who worked with Hooten.
At presstime, police said they were searching for two attackers who boarded the train in Chicago's West Pullman neighborhood.
--Conductor dies in cab of train ...............##D
MACEDONIA, Ohio - UTU member David E. Morrison, a Norfolk Southern (NS) conductor and local chairperson with Local 792, Cleveland, Ohio, died in the cab of his locomotive last month as it idled in NS's Ledge Road yard.
Summit County, Ohio, Medical Examiner Dr. Marvin Platt said Morrison suffered from high blood pressure and died of heart disease, according to reports.
The 60-year-old Morrison was discovered lying in the cab by co-workers, whose subsequent resuscitation efforts failed.
Morrison joined the Brotherhood of Locomotive Firemen & Enginemen in January 1960. He is survived by his wife and four children.
--Amtrak funding brighter, but must improve .......##E
WASHINGTON - Amtrak's financial outlook is looking brighter, but a new government report says the national passenger railway still may not meet a deadline to wean itself from federal subsidies.
"Compared to our prior assessment, Amtrak's outlook has improved, but significant risks to self-sufficiency remain," said the report, released July 21 by the Transportation Department's inspector general.
The report praises Amtrak's recent efforts at creating new businesses, such as an express package delivery service, as well as its marketing and privatization of food services.
"Some of the payoffs are uncertain at this time," the report says, "but many are likely to generate vitally needed revenue by the time Amtrak must be operationally self-sufficient."
Amtrak believes it will wean itself from federal funds in 2002, just ahead of its mandate.
But the report continued to disagree with some of Amtrak's projections. It says the railway must find ways to compensate for $695 million in revenue that might not be achieved from 1999 through 2002.
One key will be high-speed service in Amtrak's Northeast Corridor. The new "Acela" service starting later this year will speed passengers between Boston and Washington at up to 150 mph.
Any significant delays in introducing high-speed service would hurt Amtrak's chances at self-sufficiency, the inspector general said.
The report says Amtrak revenue and ridership continued to rise in the six months through March 31.
The 1997 Amtrak Reform and Accountability Act prohibits Amtrak from using any federal funds for operating expenses after fiscal 2002. Since its creation in 1971, Amtrak has received about $22.7 billion in operating and capital subsidies from the federal government.
--UPUYC reaches tentative agreement ............##F
CLEVELAND, Ohio -- Negotiations under the banner of the Union Pacific Union Yardmaster Council (UPUYC) have produced an agreement-in-principle with the Union Pacific Railroad (UP).
The agreement outlines a settlement of wage issues and addresses the seniority process affecting yardmasters in the new representation jurisdiction, including UTU and Transportation Communications Union (TCU) members.
The announcement of a tentative pact follows nearly two years of negotiations, according to Don Carver, director of the UTU Yardmaster Department.
Carver said negotiators will meet again August 2 in Chicago, Ill., to put the tentative agreement into contract language and ready it for a ratification vote.
"The trust, courage and leadership of UTU International President Charles L. Little and TCU International President Robert A. Scardelletti are to be credited with bringing us to this point," Carver said.
"Their faith in the UPUYC and their pioneering vision of cooperative negotiation is being borne out now in a workable solution to the issues raised by the UP's mergers and acquisitions," Carver said.
Carver, a principle negotiator in the effort, praised the expertise and assistance contributed by TCU International Vice Presidents Joel Parker and Joseph Condo.
Others singled out by Carver as vital in crafting the tentative agreement include former Chicago & North Western Chairperson David Just, former Missouri Pacific General Chairperson Mike Thompson, and former Southern Pacific General Chairperson A.C. "Rusty" Strain.
--Member pushes teen from tracks ..................##G
IOWA CITY, Iowa -- UTU member Keith Lucas is being hailed for his quick thinking and actions following an incident June 8 in which he kicked a teen-age girl away from his approaching train.
Lucas, an Iowa Interstate conductor and member of Local 258 at Savanna, Ill., has been railroading for 25 years. He was recently riding the front of a string of several freight cars through Iowa City when he noticed a girl walking too close to the tracks.
He yelled and ordered the engineer to sound the locomotive's horn and bells, but the 14-year-old girl didn't look up, Lucas said.
The train, moving about seven miles per hour, was seconds away from hitting the girl when Lucas ordered the engineer to put the train in emergency.
According to Robert Moore, transportation superintendent for the Iowa Interstate, "He then positioned himself at the front of the car to use his feet to kick her away from the train."
Despite his efforts, Lucas thought the train had struck the girl. He quickly called the dispatcher for help as the train rolled to a halt.
Walking back, he discovered that his life-saving efforts had been successful. The girl had rolled down an embankment, suffering only minor cuts and a chipped tooth.
She was treated at a local hospital and released.
Moore confirmed what most UTU members know: train conductors constantly deal with motorists trying to outrun trains at crossings and pedestrians taking shortcuts over dangerous railroad tracks.
Moore said Lucas "was shaken up a little, but he was very focused and knew what his responsibilities were."
--President Little undergoes surgery ...........##H
UTU International President Charles L. Little had surgery on June 25 at The Cleveland Clinic for colon cancer.
The cancer was detected during Little's annual medical checkup, and his doctor reports that he is "cancer free" following surgery with no further treatment necessary.
"Early detection can save your life," said Little. "I recommend that you and your family get regular medical checkups."
AROUND THE UTU --News from around the U.S. and Canada ............##I
LOCAL 23, SANTA CRUZ, CAL. Bus operators have ratified a new three-year pact that includes a cumulative 10.75% wage increase, and improves disciplinary procedures and sick-leave and vacation-time accrual, said Local Chairperson Ian McFadden. Meanwhile, the local will gain 14 jobs this month when Highway 17 Service, established after 1989's earthquake, is absorbed into the Santa Cruz Metropolitan Transit District.
LOCAL 281, MILWAUKEE, WIS. The annual Milwaukee Road Alumni Picnic will be held on the last Sunday of the month (August 29), according to Local President James J. Brando. For information, contact Brando at (414) 761-0219, or write to him at 2902 W. Woodward Dr., Franklin, WI 53132.
LOCAL 469, MADISON, ILL. The annual picnic in June, sponsored by UTU Designated Legal Counsel Lance Callis and the Midwest Railroaders, drew some 600 attendees, according to Secretary and Treasurer John I. Payer. On hand were International Vice President Kim Thompson and Field Representative Sam Hale, along with the UTU's education and training coach Membership I. Members also collected $2,580, which was presented to the widow of recent cancer victim G.S. Harbaugh by T.G. Ward and Bobby Maurer.
LOCAL 473, LA GRANDE, ORE. The annual picnic will be held August 11 at Riverside Park at 2 p.m., with a union meeting preceding it at noon, said Secretary and Treasurer Larry J. Romine. Attending will be General Chairpersons Lavon Nelson and Arthur Martin III, as well as Associate General Chairperson Dean Hazlett. For information, contact Romine at (541) 963-5241.
LOCAL 768, DECATUR, ILL. Members working for the Illinois & Midland Railroad are proud to note they've made it through the first six months of 1999 without a reportable injury, according to Local Chairperson B.L. Jern.
LOCAL 770, HEAVENER, OKLA. Thanks to the local's sponsorship, Mark Dunaway's son and Mack Hinds' daughter were granted a week at the American Legion's Boys State and Girls State programs, which give junior-level high school students a chance to study leadership issues at a state university.
LOCAL 924, RICHMOND, VA. Active and retired railroaders and their families are invited to the 20th Annual Railroad Picnic, organized by the local and sponsored by Designated Legal Counsel Hajek, Moody & Mann, according to John Henry Hines. The picnic begins at 2 p.m., on October 2, at Shelter #1 in Richmond's Bryan Park, with a full menu supplied, and a horseshoe tournament planned. For information, contact Local President Margaret Fiala at (804) 748-8149.
LOCAL 1188, OKLAHOMA CITY, OKLA. A fund has been established to aid UTU members whose property was destroyed or damaged by tornadoes last May, said Local Chairperson Kenny Fox, who noted T.M. Pouder's home, car, and personal possessions were destroyed, I.E. Wilkerson's home was severely damaged, and other members lost family in the disaster. A number of UTU locals and general committees have already responded generously. Send contributions to: Tornado Relief Fund, P.O. 892626, Oklahoma City, OK 73189.
LOCAL 1462, BOSTON, MASS. Fans at the Second Annual Billy Flaherty North Side vs. South Side Railroader's Hockey Game in May, sponsored with Local 262 in Boston, witnessed a classic match, according to Local President E. B. Radovich. Despite a heart-stopping North Side rally, the South Side proved triumphant with an 11-to-10 win. All proceeds from the event are given to Amtrak New England Division employees battling cancer. The "Conductor Curtis Standberry South Side MVP Award" was presented to Gerry Caturano (L-1361, New Haven, Conn.), and the "Conductor Billy 'Zeke' Marsden North Side MVP Award" was presented to engineer Chris Barnard. Special thanks go to Dave Toman, and to L-1462's Secretary and Treasurer Dave Bowe. Photos can be viewed at <http://www.nesportsnet.com/bfhockey>. Teams from other railroads are being sought for future events. Contact Radovich at (617) 823-4407, or <railroadmn@aol.com>.
LOCAL 1670, LAREDO, TEX. A member driving for Valley Transit was recently reinstated to his position thanks to an arbitration handled by Local Chairperson Tony Urbina, Jr., and International Vice President Bernie McNelis, while another member received a partial back-pay award due to the efforts of Alternate Vice President Percy Palmer, Urbina, and Vice Chairperson Adan Cantu. Meanwhile, the local is working to ensure its members' rights under new management of the transit operation.
LOCAL 1760, DETROIT, MICH. Secretary and Treasurer Gerald S. D'Ortenzio is seeking volunteers to help Jim Vallimont cook at the Metro Detroit Operation RedBlock Second Annual Family Picnic, set for 11 a.m. to 7 p.m. on August 14, at Site #2 of the Parkland Community Park, 6750 Ann Arbor Trail, Dearborn Hts., Mich. For information, contact D'Ortenzio at (313) 522-1043.
LOCAL 1874, WINNIPEG, MB Members are mourning the recent death of retiree George Sidney (Willis) Archibald, 85, who regularly attended meetings and served as Sick Committee Chairperson, according to Secretary Dan Coutts. Sympathy cards may be sent to Mrs. G.W. Archibald, 202 - 697 St. Anne's Rd., Winnipeg, MB R2N 3Y8.
LOCAL 1895, CHICAGO, ILL. Thomas Hall, a member of Life Source, which matches blood and organ donors with those in need, was recently told his bone marrow offers someone a chance to live, according to Local Chairperson Larry Grutzius, who said Hall faces long and painful medical procedures as the price of his selfless generosity.
LOCAL 1908, BUFFALO, N.Y. Members of the local recently staged a surprise party at the Walden Terminal for school bus driver David McGoldrick, who celebrated his 80th birthday on June 17, according to retired former International Vice President and Director of the UTU Bus Department Trudy Weber. McGoldrick had retired in 1985 after 39 years with a graphics company, but joined the local and began driving a bus in 1991 after the law forcing drivers to retire at 65 was repealed.
AUXILIARY OF THE UTU A new lodge is being formed in the Kansas City area, with membership open to any UTU member's relative. To learn more or to join, contact Phyllis Nowlin at (816) 373-7153. Meanwhile, the organization's National Legislative Director Dorothy Arrington is looking for individuals interested in serving as state legislative directors. For information, write to her at 920 Kings Lane, Mineola, TX 75773, or contact the Auxiliary's headquarters at (614) 459-4443.
MEMBERSHIP PROFILE --Member preserves maritime connection .........##J
George P. Micka IV wants future generations to know about "rails that sailed," and from all indications, his efforts are likely to succeed.
The phrase refers to the carferry fleets of the Pere Marquette, the Chesapeake & Ohio, the Ann Arbor and the Grand Trunk railroads that for a century provided a shortcut across Lake Michigan for those wanting to circumvent the congestion around Chicago.
Such service began in November 1892 when the wooden- hulled Ann Arbor No. 1 sailed from Kewaunee, Wisc., to Frankfort, Mich., and remained critical to efficient shipping until just after the Mackinaw Bridge was built in 1957. The last such ship, run by the Ann Arbor Railroad, sailed in 1981.
Brother Micka is a member of Local 313, Grand Rapids, Mich., a local that helped run the ships out of Ludington, Mich. "I grew up in the area, and watched the workers, including a cousin, load the ships," Micka said. "I've just always been fascinated by them."
Today, he's restoration coordinator for the Society for the Preservation of the SS City of Milwaukee. Considered the last classic railroad carferry, the 350- ft. triple-expansion steamer carried up to 30 railcars, on four sets of tracks, across Lake Michigan for 50 years, from 1931 until 1981. Now in Elberta, Mich., and designated a National Historic Landmark, the ship is open for tours and can be seen online at <http://www.carferry.com>.
"Thirty-nine were built, and only five still exist, with the SS City of Milwaukee the only one designated for preservation," explained Micka, who needs donations to aid the effort.
For more information, contact Micka by calling him at (616) 755-8755, write to him at 1308 W. Summit Ave., Muskegon, MI 49441, or send him e-mail at sscitymilw@aol.com.
BUS DEPT. / STREET BEAT --"Coach USA buyout prompts questions" ............##K
Editorial by Bernard J. McNelis Vice President and Director, UTU Bus Dept.The Bus Department continues to face challenges in the transit industry.
Coach USA's recent buyout by Stagecoach Holdings, Ltd., of London, England, is certainly new to the industry. At this point and time, we do not expect any immediate impact on the companies on which we hold representation rights. I have discussed this matter with an officer of Coach USA, and he has informed us that there are no plans to change the operation of Coach USA, nor any of their subsidiaries. Stagecoach also owns or has interest in companies in the United Kingdom, Sweden, New Zealand, Portugal, Australia and Finland, and has about 12,000 buses. The Stagecoach group also runs rail units in the United Kingdom through a subsidiary.
I have been in contact with local unions in New Zealand and the United Kingdom which are affiliated with the International Transport Federation (ITL) and whose members work for subsidiaries of Stagecoach. Several of those unions, under the ITL, are currently in contract negotiations. We will learn more about Stagecoach as those negotiations proceed, as well as from our investigations into the background of Stagecoach. From some of the information we have received, Stagecoach has been, and continues to be, a profitable company.
We also know that, regardless of what Coach USA representatives tell us, we need to be cautious as to what can possibly happen and what legal ramifications, if any, such a takeover may have on UTU members. Once again, after a review of the takeover, we do not perceive any problems. In addition, there have not been any changes to any of the properties where we hold representation.
In unity there is strength.
YARDMASTER REPORT --"Diligence leads to UP agreement" ............##L
Editorial by Don R. Carver Assistant to the President, Yardmasters' Dept.The diligence and dedication of the Union Pacific Union Yardmaster Council has proven to be up to the task.
An agreement in principle was reached July 22, 1999, on a contract to cover all Union Pacific yardmasters. The new contract will cover existing yardmasters as well as those employees whose representation jurisdiction was gained in the 1997 National Mediation Board-conducted representation election.
Details of the new contract will be published following completion of the negotiations.
-- General Chairperson James Cumby and CSXT officials reached accord on a comprehensive yardmaster training agreement that covers those former Conrail yardmasters under the jurisdiction of GO-342. The agreement provides for one hour of training pay for each tour a new yardmaster is being trained. Continuing education and training of current yardmasters is addressed in the new agreement. These provisions will keep the yardmaster skills updated as new technology enters their workplace.
-- Buffalo & Pittsburgh clerks ratified a relocation and moving package. The B&P is centralizing its clerical forces and moving them from Punxsutawney, Pa., to Rochester, N.Y. The B&P clerks and yardmasters are represented by the UTU Yardmaster Department under the jurisdiction of GO-247.
-- Former Conrail Local 1962 Chairperson Jack Miller of Detroit, Mich., has retired following more than two decades of dedicated service representing the yardmaster craft. We give Jack a heartfelt thanks and wish him the very best in his retirement.
EDITORIALS
--Washington Week in Review .......................##M
What a week it was in Washington this July! Really, what a special 10 days we had in our nation's capital. Those who were there -- and it was a record 1,300 members -- saw the UTU at its best, writing a new chapter in our proud history.
It began July 6 at the National Mediation Board hearings on whether there will be a representation vote on the Union Pacific Railroad. It ended on July 15 as everyone was going home after hearing Vice President Al Gore, Democratic House Leader Richard Gephardt, and Democratic House Whip David Bonior praise the UTU and its leadership.
What happened within that timeline is what writing rail labor history is all about. The UTU stuck to its guns about following through with the NMB action, and presented a powerful case.
Then on Monday, Vice President Al Gore said, "I believe very deeply in the UTU." After he finished speaking, he plunged into the crowd of more than 2,000 UTU members and their families, who will forever live with that highlight tape holding a special place in their memories.
Then there was the next Speaker of the House, Dick Gephardt, extolling the virtues of the UTU's political action arm. He credited the UTU as being "one of the few unions who have helped us (Democrats) so much" in elections. And he said: "You can be assured that when we win the House back we will have the UTU in our head everyday."
That was followed by the next House Majority Leader, Bonior, saying that UTU President Little "has put the whole issue of organizing up front where it belongs." A very brave statement, indeed. Then Bonior talked about integrity and said, "Byron Boyd has earned a reputation for integrity and telling it like it is." And, "Jim (Broken Rail) is an absolute fantastic crusader for working men and women in America. He is an asset and I'm honored to work with him."
What a week -- or 10 days -- it was in Washington. Now you know where the UTU stands with the people who count. We are moving fast into the 21st Century.
--"Thank you all!" .............................##N
Editorial by Charles L. Little UTU International PresidentThis column is about saying "thank you."
First, I want to thank all of you who have wished me well since my surgery. Your kindness and good words mean a great deal to me.
Let me assure you that I am feeling fine and already back to work. I look forward to seeing many of you in Miami Beach later this month
As you can imagine, the last thing I thought would happen this summer is I would have surgery for colon cancer. Ever since I turned 50 years old, I have been religious about annual medical checkups. It was during this summer's checkup that my doctor said the tests showed I had cancer in my colon near my appendix.
The rest was easy - or as easy as surgery can be. I was operated on at the world-famous Cleveland Clinic at the end of June and they took out part of my colon - and appendix. My doctor tells me that the post-operative tests show that I am now "cancer free." For that I am grateful to God.
At the Washington Regional Meeting, I told the opening session via videotape about my surgery. But the key to my message was very simple: Regular medical checkups and early detection of health problems can save your life.
My doctor tells me that we caught my cancer early and that it didn't spread. My hope is that you also take care of yourself and visit your doctor annually. Don't be afraid of bad news, but face it head-on and act to protect yourself and your family. This isn't the first time you've heard this message, but it's a message you should take to heart.
Second, I want to thank Byron Boyd for doing such an outstanding job at our Washington meeting. It was especially gratifying to hear Cong. David Bonior acknowledge Byron's "integrity," which is something I, and many others, have known about for years.
Third, I'd like to thank Vice President Al Gore, House Democratic Leader Dick Gephardt, and Bonior, for their words of praise about the UTU. I think this gives all of you an idea of what a prominent position this union really holds among the powers that be in Washington.
Fourth, I'd like to thank Al Chesser and Tom DuBose for their friendship and counsel. I believe the UTU should embrace its elder statesmen for their knowledge and sense of history. Al and Tom, it meant a great deal to this union to have you at this summer's Regional Meetings. See you next year.
Fifth, I'd like to thank my wife and family. None of us can do what we do without their support and inner strength. And all of you know what I mean.
Sixth and First, I want to thank all of you. You are why the UTU is considered the premier rail and transportation union in North America. I thank you for the opportunity to be your president these past four years, and I look forward to working in your best interests for many more years.
--"Philosophy of Pogo still very true today" ......##O
Editorial by James M. Brunkenhoefer UTU National Legislative DirectorMany years ago, presidential campaigns did not start until Labor Day of the election year.
The same timeline was often used for the offices of the United States House and Senate.
Now, the campaigns are consistent, constant and costly. There is no longer a battle of ideas.
Both parties energize their base by mudslinging and running for the middle. They show the political courage of Mary Poppins.
Why do they do this? They do it because it works.
Every year the electorate becomes increasingly disgusted and fewer people register and vote.
The richer and the more conservative you are, the more likely you are to vote. The politicians skew their campaign to these voters.
The lower you are in the social pecking order, the least likely you are to vote. You are the voter with the least to lose and the most to gain, but the campaign is never aimed at you.
The politicians get their money primarily from those in the upper income bracket who do not want to share anything with those people on the bottom.
The upper class likes when politicians tell them the government will give to those who have more.
Laws will be passed so that they will not be sued, just like your HMO. Your doctor no longer makes the decision as to what you need. It is your HMO, which is sworn to cut costs and to make profits, that makes the determination about your health, but they cannot be sued.
Big corporations, which create defective products, only fix the products because they might be sued. They want to change the rules of the game so that they can continue making products that hurt and maim consumers but limit their liability by putting caps on lawsuits.
The politicians have defined the money in the Social Security trust fund as an overage that can be disposed of. The bosses get the bonuses, the stock goes up, the stockholders are happy and the game goes on.
And some people wonder why we don't want to privatize railroad retirement so that the railroads can do the same thing to our trust fund.
Right now the Railroad Retirement trust fund cannot be looted. And I think you and I want to keep it that way.
Most people are mad at the politicians, but I am not. I blame the person I see in the mirror.
The politicians may be lying to us, but we know it and we continue to elect them because we prefer to hear the lies than deal with the truth.
It is not the politicians that need to change. They know in order to keep their jobs they have to do what we want them to do: Lie to us.
We need to stop blaming the politicians for lying because we ourselves are the biggest liars.
I must say that in the end, I agree with the philosophy of Pogo: We have met the enemy and he is us.
--Voices: Members share their opinions .........##P
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: IS ALCOHOL AND DRUG ABUSE AN ISSUE IN YOUR WORKPLACE?
"No, I don't think so. I work from St. Louis to Poplar Bluff on the Union Pacific as a conductor, and almost everybody in the pool has more than 20 years of seniority. We went through the drug culture in the late '70s and early '80s, and it's not a problem now. Everyone knows the penalties, and most are here to make a living. We're subject to random testing, and I've been tested myself. I don't like the deal that you're considered guilty until proven innocent." -- NORBERT SHACKLETTE, L-1823, ST. LOUIS, MO.
"I've been a public transit bus operator in Los Angeles for 20 years. I think drugs and alcohol were a problem, but it's not the big issue it was in the past. Most of us realize good jobs are not easy to come by. It's just nonsensical to lose your job to drugs and alcohol. If I saw someone not fit for work, I'd talk him into going home. Random testing doesn't bother me. The thought of random testing can keep someone from doing something stupid." -- HORTENSIA CLEWIS, L-1564, LOS ANGELES, CAL.
"I've been a yardmaster since 1970 with the NS, and with the Wheeling & Lake Erie since 1990. I think random testing is an absolute must. I know people feel it's a violation of their rights, but other workers have a right to know they're in a safe, drug-free zone. If you overlook someone who's impaired, it's almost criminal. I've confronted people, and I've had people go home after they argued with me. But I think fatigue is a much bigger problem than drugs and alcohol." -- JERRY FORTUNE, L-693, BREWSTER, OHIO
"I'm an engineer on the Florida East Coast Railroad and a local chairperson with 34 years of experience. I know most of the guys, and I don't think it's an issue on our railroad. We've had a couple incidents, but they're very few. Really and truly, I think fatigue creates and causes more derailments and accidents than anything else. It's the biggest killer of railroaders today. I don't think that random drug testing is necessary. I don't think it's right to accuse someone without cause." -- JOE KIGHT, L-903, JACKSONVILLE, FLA.
--Feedback: Inside SACP; what it means to you .....##Q
by Ray Lineweber UTU Nebraska State Legislative DirectorAs many of you know, the UTU is one of the key labor partners in the Safety Assurance and Compliance Program (SACP) process.
Working in partnership with the Federal Railroad Administration (FRA), the UTU's leadership made the initial investment in this revolutionary process when the BNSF incurred the tragedies of 1996. The UP brought SACP to their properties in 1997. CSX volunteered in early 1998, and yes, Norfolk Southern came to the table later in 1998 as well. Other railroads also have SACP processes, but I am not as familiar with them as the four major railroads. I am an active participant on BNSF and UP.
So what about SACP? I am sold on it, and I would like you to stay open to it as well.
Most of you know that I have been at war over safety for most of my railroad career. This is the finest tool, the greatest opportunity, and proven return on investment, I have ever seen in my 30 years.
No, I do not want you to take my word for it. I want you to review the comparisons of what we had and what we can have. I believe that all of you should think about new ways safety can be achieved. ----- BEFORE SACP: One Problem/Many Different Solutions, Many Times Over; WITH SACP: A Problem-solving Process.
BEFORE SACP: Labor and Management at Each Others' Throats; WITH SACP: Federal Railroad Administration Becoming the Facilitator, and Addressing Concerns with Labor and Management.
BEFORE SACP: One Solution One Place/Different Solution Another Place; WITH SACP: System-wide Solutions.
BEFORE SACP: "Gotcha!" Regulation; WITH SACP: Focused Enforcement/Enforcement Discretion.
BEFORE SACP: "WHO Done It?" WITH SACP: WHY Did It Happen and HOW Can We Keep It From Happening Again?
BEFORE SACP: Debilitating Discipline; WITH SACP: Non-punitive Education, with Morale-building Results.
BEFORE SACP: Adversaries; WITH SACP: Partners.
BEFORE SACP: Reaction; WITH SACP: Corrective Action Plan.
BEFORE SACP: More Foolish Rules; WITH SACP: Progressive Partnership Policies.
BEFORE SACP: QUANTITY of Enforcement; WITH SACP: QUALITY and EFFECTIVE Enforcement, IF NEEDED.
BEFORE SACP: Nitpicking; WITH SACP: Common Sense.
BEFORE SACP: Quality Programs (motion); WITH SACP: Involved Partners with Real Solutions (action). -----
By now, you have probably rolled your eyes a couple of times, had a few choice comments, and wondered if I should qualify for some random testing. However, I want to talk to you as one who has been involved in this from the beginning.
I know you can read the comparison chart, but I want to tell you how it is different this time.
NUMBER 1: Of equal importance to the UTU buy-in is the leadership of the FRA administrator.
FRA Administrator Jolene Molitoris has not let SACP become just another quality program. Under a typical quality program, the railroad officer makes the determination if the safety issue is legitimate based on his or her budget. With that economically challenged attitude, systemic safety problems have not been properly addressed.
SACP, on the other hand, is not under the dictatorship of a railroad manager, but rather a collaborative group, namely labor, management, and the regulator (FRA). This does vary from time to time, as some safety issues, in order to be resolved properly, require the involvement of external customers (other agencies, purveyors, connecting railroads, etc.)
It certainly has not been easy for labor and management to adapt to a new way of doing business. Of equal importance, it has not been easy for FRA to learn how to guide this partnership in the field. The FRA used to be part of the problem; now they are challenged to become part of the solution.
NUMBER 2: The whole world is doing business differently...we must do that as well.
The proliferation of instant communication -- faxes, e-mails, voice mails, more information, more managers -- well, it just isn't railroading as it used to be. Change is here. Today, you have to think twice before you communicate a comment or commitment. It used to be only a few people heard it and maybe they understood. Now, the immense capabilities of the paper trail, electronic and otherwise, affect a huge number of people immediately. Clearly, the day of the half-baked solutions of telling one person one thing and another person another thing are coming to an end...for employees, managers, and regulators alike.
Has it been frustrating? You bet it has. There were some times in the early meetings when we thought we'd never get through an issue. You had to read the minutes and sit with "the enemy" until some collaborative accord was reached. After getting through some of the initial obstacles, and after we began to know each other better, some of the walls of irrational distrust we had built up over the years began to crumble.
It helps if we know that working conditions for all the partners - labor, management, and the regulators - are changing. We shall not return to the past. People who invest in us as their representatives do not want excuses, finger-pointing or conflict. They want results, in the form of successful safety ventures...not in the boardroom, but on the ballast.
So what has SACP done for you lately?
Some simple snapshots of significant successes can be found on the following railroads:
BURLINGTON NORTHERN SANTA FE (BNSF): Empowerment Policy (protect or correct safety concerns);
UNION PACIFIC (UP): Crew Utilization (strategically planning an instruction to have crews at the tie-up point prior to 12 hours on duty);
CSXT: Individual Performance Policy (IDP) (education instead of discipline).
Some of our members who attended the Regional Meeting seminars requested the names of the SACP representatives from the respective railroads be placed in the UTU News. Per their request, the following list with telephone numbers and addresses is provided for you:
UNION PACIFIC (UP) John Previsich (650) 692-8883 Ray Lineweber (402) 474-6053
BURLINGTON NORTHERN SANTA FE (BNSF) Billy Cobean (503) 241-6251 Ray Lineweber (402) 474-6053
NORFOLK SOUTHERN (NS) Jim Clark (828) 252-6308 Delbert Strunk (419) 483-4476
CSXT Carl Cochran (305) 822-8735 Curtis Wall (813) 681-1593
ILLINOIS CENTRAL (IC) Warner Biedenharn (901) 537-0010 Joe Szabo (312) 236-5353
AMTRAK Tony Iannone (215) 564-1370
SOO LINE Call your Local Safety and Health Team
In addition to the samples I provided, there have been many, many successes as a result of the investments in time and talent of the legions of our members. Additionally, SACP is the main vehicle for us as we make significant strides in employee fatigue. We are now using new information about shift work, sleep patterns, and alertness to make system-wide changes, like napping policies and extra rest.
We don't just talk, and management doesn't laugh. This is serious stuff. We discuss, and sometimes just cuss, when somebody crosses us up. However, we all know we must work together, making fact-based decisions for progressive change and continued success to insure the safety revolution.
Please, keep your eyes open and accept this "new approach" to safety. It is not just a fad. It is our future.
SPECIAL FEATURES
--UTU's closing statement at NMB ...............##R
Following are highlights of the UTU's closing statement given to the National Mediation Board (NMB) by UTU General Counsel Clinton J. Miller, III, July 10, 1999, concerning the UTU's application to hold a representation election on the Union Pacific Railroad. The full text of the closing statement and the complete transcript can be found password-free on the UTU's website, http://www.utu.org.
The main issue here today concerns a craft or class determination by the board. The craft or class system of representation under the Railway Labor Act is designed to provide for an organized system by which employees can select representatives for collective bargaining purposes, and it is similar to NLRB bargaining unit determinations.
The board itself has stated that the most important consideration in craft or class determinations is "the intent of the Railway Labor Act in settling disputes and promoting stable labor relations."
The issue here is which grouping of employees will best be able to bargain with this carrier and provide effective representation of all employees who share the same work-related interests.
The representation manual in Section 5.1 identifies several factors that are relevant in doing a craft or class analysis. As the board has said, and I quote, "In determining craft or class issues, the board gives consideration to," and the factors are listed, "the composition and relative permanency of employee groupings along craft or class lines; the functions, duties and responsibilities of the employees; the general nature of their work; and the extent of community of interest existing between job classifications."
And of those factors, the board has stated in the ABX Air case, 22 NMB 131 in 1995, and in Airborne Express, 9 NMB at 118, and I quote, "The factor of work-related community of interest is particularly important." And UTU believes that this, at bottom, is a community-of- interest case.
To be sure, there has always been a strong community of interest among all operating employees, but this community of interest has been enhanced and accelerated in recent years by the transition to a mandatory line of promotion across all groups, by the increased ebb and flow between groups when the mandatory promotions take place, and by the Incidental Work Rules that both parties made agreements about with the carriers in 1985 and 1986.
BEST FOR SETTLING DISPUTES A craft or class of train and engine service employees, previously recognized by the board since 1993 on short-line carriers, would be the best for settling disputes and promoting stable labor relations with this carrier.
Operating employees have the same responsibility, which is to move locomotives and freight cars over the road from point to point in a safe and timely fashion, and in the yard, to gather, classify, break down and make up trains to accomplish that point-to-point movement.
Engineers and conductors share the duties necessary to control the direction and movement of locomotives, which, in turn, control the movement of the cars in the train. While the engineers operate the locomotive, they do so in response to the control of the conductor and assisted by trainmen or brakemen when they are required. That is dead clear in this carrier's operating rules.
Until the 1960's, most operating crews in road service had five or six employees to move trains; the engineer and head brakemen rode in the locomotive cab with a fireman, while the conductor and flagman, and swing brakeman, in some cases, rode in the caboose at the rear. They all participated in common tasks such as passing, reading and responding to signals that were necessary for the safe operation of the train.
Yard crews did the classification and sorting of cars, but, in general, they did the same sort of things. Every operating employee was responsible for lookout and communications. The engineer operated the locomotive subject to the control of the conductor over the direction and movement of the train, and the switchman threw switches, pulled pins and walked the train when necessary to locate trouble.
I would like to introduce a little bit of levity and tell a story about when conductors really conducted on a six-man crew, and it came from the late Fred Hardin, who was previous International President of UTU, and whose stories are numerous, and I wish I could classify and categorize all of them.
But he told me one time when he was a young man, he was flagging for his father, who was a conductor on Southern Railway, and it was a six-man crew. Fred rode on the head end; his father, the conductor, rode at the back. Before they departed to make their trip, his father came up and told the engineer - this is in the days of steam - and he told the engineer, "Do not stop at milepost 111.8. If you do with this length of train, you will cut the town of Spencer, North Carolina, in half, and we have been having trouble with them with their local ordinance about cutting the town in half for too long. You can last for six more miles up at the next water tower." And, of course, the engineer did exactly what Fred's father told him not to, he stopped at the milepost and cut Spencer in half.
"I THOUGHT HE WAS GOING TO HIT ME" And he told me, "Clint, I got down out of that engine, I turned and looked back at my father trudging down the ballast at me, and I thought he was going to hit me for letting him do it." And he says, "My father climbed right up aboard that engine and he told that engineer, 'You are relieved, get down out of this engine. I am going to get me somebody here that can take orders.'" And the engineer departed.
Now, that was in the days of a six-man crew. And we have heard testimony about how the tasks were shared and the conductor really conducted back then. We are down to two employees now who are performing the work of the former six. All kinds of lines have been crossed with respect to what functions are performed. As to whether a conductor could do that in this day and age, I don't imagine there would be too many engineers who would argue with David Hakey.
The employees today, particularly on short crews where we have gone from a six-man crew to a two-man crew, work in a very close proximity and have the same working conditions. They also work away, when they are on the road, from immediate supervision and instruction. They share the same odd hours in road service and they frequently spend their rest periods at away-from-home terminals together. They are also all subject to call while they are at home, if they are rested, under the Hours of Service Act.
The substitution of diesel power for steam led to the gradual elimination of the fireman position, while other developments, such as the elimination of cabooses, led to the elimination of many brakemen positions. Most through-freight service is accomplished on this carrier with a crew of a locomotive engineer and a conductor. As a result, those two positions now work together by themselves. They work in and out of the cab. They share primary responsibility together for the direction and the movement of the locomotive and the train.
Both BLE and UTU made agreements in 1985 and 1986 that provided for the performance of many duties by either train or engine service employees, such as handling switches, making head-end air tests, preparing reports, using communication devices, copying and handling train orders, and all of the work that was formerly performed by the fireman can be performed by both.
We heard about some arbitration cases that nibble around the edges, but there will always be arbitration cases about the meaning, interpretation and application of language, but the existence of the Incidental Work Rule, and particularly that the fireman position duties washed over both of them by means of the Incidental Work Rule, can't be denied. They both now perform some of the work of the other and they are much more dependent upon each other, having moved from a crew of six to two, than they were in the days of steam.
SUBJECT TO THE SAME RULES And it is obvious that all operating employees are subject to the same operating rules of UP when they operate the trains. These are not collectively bargained rules; these are the operating rules of the carrier necessary for safe operation of trains.
Our witnesses have illustrated the extent to which both conductors and engineers are subject to the same operating rules and both of them have to deal with their complexity. They share responsibilities expressly provided for in those rules such as calling and interpreting signals.
Both organizations have also collectively bargained schedule agreements, which the operating employees have, that contain, if not identical, then very many similar rules with respect to many subjects. The common collective bargaining agreement rules that we have talked about here are road/yard line of demarcation that deal with switching limits. Those can't be changed without an agreement from both organizations. Interdivisional service, similarly, can't be changed by the carrier without an agreement of both organizations. And we have also talked about common rules relative to vacations and extra boards.
The basis of pay is also common. While there are some differences in that engineers get certification pay, and conductors in most cases get productivity allowances or upfront money, short crew allowances, the basis of the basic pay is the same. The rates are different, but road employees particularly are paid under a complicated dual time and mileage pay scale, and in recent years, that basic day has been modified somewhat. The modifications to it have been and must be made simultaneously in both BLE and UTU agreements.
Under the 1996 national agreement, operating employees who are subject to entry rates get a 5% pay bump when they take the mandatory promotion to conductor, and they get another 5% increase when they take the mandatory promotion to engineer, making clear the relationship among the operating employees.
SUBJECT TO THE SAME DISCIPLINE With regard to discipline that is meted out by the carrier and not FRA disqualification, it is true only locomotive engineers are federally licensed and subject to federal rules with respect to disqualification. But with regard to the action by the carrier, which is what we are talking about when we talk about class and craft, both of them are subject to the same discipline for infractions of the operating rules because they share a joint responsibility for the safe movement of that train over the road.
We heard about some differences. It was interesting that they could only come up with four, having culled them from the hundreds and thousands, and tens of thousands, of cases. But it is apparent that in most instances, any infraction in an operating rule will result in the same or similar discipline to the conductor and to the locomotive engineer.
A degree of community of interest has existed for a long time between the groups as a result of employee movement back and forth between the historic crafts, which was known as ebb and flow, when that was from fireman to engineer. Switchmen and brakemen, in those days were the source of supply for conductors. With the elimination of the fireman, and with the 1985 agreement, that two-level system of promotion is now one.
NO TWO-TIERED LINE OF PROMOTION Every operating employee hired on the railroad must take promotion to conductor and must take promotion to engineer. There is no more two-tiered line of promotion. The mandatory line of progression is, beginning to end, for all operating employees, from the entry-level positions through the conductor or yard foreman positions, to locomotive engineer.
And it was technology and interest arbitration and agreements that eventually eliminated that fireman, and it was the same thing that eventually eliminated many brakemen from road trains.
The 1972 UTU agreement that used to be known as the "Fireman Manning and Training Agreement," the manning part dropped in 1986 when the fireman craft was eliminated by attrition, is the agreement by which locomotive engineers are trained. The 1978 UTU national agreement prior to the elimination of the fireman provided that firemen were the source of supply of engineers. The 1985 UTU national agreement, which eliminated firemen, changed that and created a system of mandatory promotion to engineer for post-November 1, 1985, carrier employees, and it also, as we previously discussed, contained the Incidental Work Rule.
The 1991 national agreement contained the mandatory promotion for all employees, not just post-'85 employees, and it also demonstrated the crew consist ruling of PEB 219, which became the agreement of the parties in Public law 102-29 and which led to - because mandatory arbitration was at the end of the process in 1991 - to the elimination of many brakeman positions, and the virtual elimination on this carrier of all brakeman positions on through-freights that did no switching enroute.
The significance of ebb and flow as to train and engine service employees is apparent, and it now is across the board, and not just between firemen, who are no longer there, and locomotive engineers.
We've heard from our General Chairperson testimony about the practical operation of that forced line of progression for post-'85 employees and the removal from service of ground service employees who fail engineer training. It truly is a mandatory line of progression. You fail to qualify as an engineer, you're out of the service of the carrier.
ALMOST 5,000 NOW WORKING, QUALIFIED We've even heard from the carrier by means of exhibit the effect of that mandatory line of progression, in that 1999 train service employees were promoted to locomotive engineer for the first quarter of 1999, and they received their certification. And almost 5,000 former train service personnel are now working and qualified in engine service.
This is not, however, to say that this case is purely a cross-utilization case, because it is not. And even the use of the terminology preponderance period is inappropriate, because it assumes two crafts. The issue here is whether these operating employees of this carrier constitute a single craft or class.
It is true that commencing in 1993 in the Florida East Coast case the board began to recognize a craft or class of train and engine service employees. And to date the board has consistently done that on small carriers. But Union Pacific is not a small carrier; it is the largest carrier in the country.
More importantly, where there is a mandatory line of promotion and ebb and flow, there's not going to be the same kind of cross-utilization found on smaller carriers where the employees must be jack of all trades. Under the promotion and ebb-and-flow rules and practice, the employee movement between job classification doesn't occur in a preponderance check period time frame, but it occurs as operational needs present themselves. Employees are promoted to engine service, rather than being temporarily cross-utilized. Also, I can't fail to emphasize again that there is a joint performance of many tasks under the incidental work rules, even with a promotion to locomotive engineer.
The community of interest and ebb and flow is not proven by cross-utilization as an arithmetic matter, but rather by the right and the obligation of the employees to move on a semi-permanent basis between positions and the obligation of both positions to perform joint tasks with a two-man crew.
There is, to be sure, evidence of cross-utilization in this context of movement to semi-permanent positions. Despite the inapplicability in our view of an absolute cross-utilization theory, there is evidence in this case that further bolsters the community of interest between these positions.
A STRONG COMMUNITY OF INTEREST In summary, at this point, there has been a strong community of interest that has always existed between train service and engine service operating employees. The separation into two crafts from the formerly completely separate promotion ladders has occurred, and has been eliminated, such that there is a single mandatory line of progression. Employees are hired for the entry-level positions who are expected to master all the duties as they move up the ladder to serve in more senior capacities and to obtain their FRA locomotive engineer certification. They move up quickly, sometimes more quickly than perhaps they should, but they all start out in the entry-level position.
I want to also point out that a lot of their training is on-the-job training and mentoring. I think that there was some telling evidence presented by the BLE about the value of that mentoring. This is cumulative training. It's not rocket science. It's something that you have to feel. As the BLE witnesses made clear, you know more about how to move a train by being out there and actually feeling it than you do by any schooling or simulator that you have. And that, we would submit, adds to the community of interest that we're talking about.
The employees who wash out, who don't end up qualifying as engineers, are terminated from employment, making it clear that this is a mandatory line of progression. Once they qualify, they have rights to flow back into the conductor craft if their seniority as an engineer will not permit them to hold a position. Thus, the operating employees, to UTU, now have a near total overlap in a community of interest with regard to collective bargaining agreement issues.
A GRADUAL TRANSITION This has been a gradual transition to a system of universal mandatory promotion that, to UTU, has eliminated the last line of practical demarcation between train service and engineer service employees.
The 1991 and 1985 UTU national agreements require all new hires to take that mandatory promotion to conductor, and then to engineer. The statistics provided by the carrier show that even as to pre-1985 employees, who could take voluntary promotion to engineer, over 2,000 of them out of approximately 10,000 are now working in engine service. The promotion among the post-1985 employees are 2,754 out of 8,120 now working in engine service. The total trainmen or ground service employees certified as engineers so far is 5,877, a quarter of all operating employees. The total of post-'85 employees subject to mandatory promotion plus the pre-1985 employees taking voluntary promotion amount to slightly over 10,000, or 43% of all operating employees.
The industry and this carrier are rapidly approaching a system wherein all employees will be on mandatory promotion track since post-85 hires are now in the majority on this carrier. Moreover, it was acknowledged, and we introduced evidence by a BLE vice president in public statements, that once this majority status occurs, there should be one craft or class, but UTU says that community of interest is not measured merely temporally; it exists now and on the basis of the factors that we discussed.
A CONSOLIDATED CRAFT Indeed, to us, the most analogous precedent for the Board to use in making a judgment in this case is the decision in United Air Lines, 3 NMB 56. Under a system of mandatory promotion, the relationship between train service and engine service employees is directly analogous to the relationship between flight engineers and pilots in the United case; and in that case, the Board found a consolidated craft of flight deck crew members.
Currently, the UP has almost 6,000 employees in train service who are qualified to perform engine service. That's about the same situation as existed at United, where the flight engineers were on a mandatory promotion track from flight engineer to co-pilot to pilot, and as the board said in that case, and I quote, "A greater community of interest is hard to find." Unquote. This is because once there is this kind of mandatory promotion, employees in the junior classifications have a direct interest in the bargaining relationship that the senior group has with the carrier.
A single craft or class would promote the stability of collective bargaining relationships in the settlement of disputes, which is the keystone to representation under the Railway Labor Act.
A consolidated craft of train and engine service employees would contribute to stability between the operating employees and the carrier. It would eliminate the need for the carrier to pursue dual-track negotiations over the same subjects with two different organizations. Because there's so much overlap in work rules, changes in the same rules, as we've said, often require agreements by the carrier with two organizations, neither of which has the power by itself to effectively change the rules. All three sides have to agree, and that can lead to intractable problems.
A COLLECTIVE-BARGAINING RELATIONSHIP Further, any agreement that affects the pay relationship of the whole crew, which is now two people, is unsettling to both unless it's done in a single collective bargaining relationship where the internal structure can take the measure of what's desired.
There will even be enhanced stability between employees. The United case indeed cited the prospect for dissension in the cockpit and the resulting potential safety concerns as one of the basis for consolidation of the flight deck crafts. The same point applies to the two employees who work together in train cabs, perhaps in spades.
With regard to the other issue in this case, the applicability of the railroad merger procedures, it seems to me that there is little doubt with respect to what's been presented, and by the carrier as well, of the ongoing nature of the negotiations relative to the hub implementing agreements. Moreover, they have at their edges caused changes in representation.
I want to make it clear that neither I personally nor UTU part company lightly with the brothers and sisters of the non-operating organization or the affiliates of the federation. Indeed, I personally started out life in this business representing the non-operating unions. However, when the community of interest is such that it appears obvious that the operating employees are deserving of a more stable collective bargaining relationship, to paraphrase liberally Victor Hugo, no federation is so powerful as an idea whose time has come. The idea here is a single craft or class of train and engine service employees, and we would ask that the board would so find.
Thank you, Madam Hearing Officer.
--"The true UTU spirit" ...........................##S
Speech by Byron A. Boyd, Jr. UTU Assistant President Delivered at UTU Regional Meeting Washington, D.C., July 12, 1999Following is the speech delivered by Assistant President Byron A. Boyd, Jr., at the opening session of the recent Washington, D.C., Regional Meeting on July 12, 1999.
Good morning, brothers and sisters. My name is Byron Boyd and I want to welcome you to Washington and the third Regional Meeting of this summer, and the last Regional Meeting of this century.
I am told that this meeting is the largest in UTU history. A few weeks ago in St. Louis we had more than 1,000 people at our Midwestern meeting. Last year in Toronto we had more than 1,200 members. Here in Washington, I am told that we have more than 1,300 UTU members coming together in a show of solidarity at a critically important time in this union's history.
Being here in such large numbers shows me the strength and vitality of the UTU.
Last week, when the National Mediation Board began its hearings on whether there will be a representation vote on the Union Pacific Railroad, I saw only around 30 protesters outside the board's building.
Independent news reporters said the BLE only had about 300 persons total at its rally. That's a lot less than the 1,000 they claimed participated - and at least half were not BLE members.
Well, we have about 1,300 UTU members here. I think that shows the true UTU spirit! I applaud all of you who are here this week. I applaud all of you who care so much about your union.
Brothers and sisters, I talked to my friend and your President just before I came up here this morning. Charlie's at home and as feisty as ever. He told me to tell you that he is feeling great. And he asked me if Broken Rail had bought me lunch in Washington this week.
Charlie is lucky because he is smart in more ways than one. He's smart because he believes in regular medical checkups, and that's why his doctor told him that he is now cancer free following surgery for colon cancer. Take this as an example for yourself and your family - regular medical checkups and early detection do save lives.
I know all of you join me in wishing Charlie a speedy recovery, and I know he's looking forward to seeing many of you in Miami Beach in August.
Usually at this time, I turn it over to Charlie and take a seat and listen. For those of you here who were also in Los Angeles or St. Louis, Charlie told it like he saw it.
He didn't mince words or shy away from any controversy. I intend to follow in that tradition. But before I do, I want to thank all of those people from the host committee who have worked so hard planning this Regional Meeting.
THANKS TO THE HOST COMMITTEE Special thanks go to members of the local planning committee headed by Steve Fritter, along with members of the Bus Department, Canadian rail members, and rail members from this area.
I thank all of you for your dedication and hard work on the UTU's behalf.
I must tell you that in St. Louis a few weeks ago, I heard a few things that made me very proud of the UTU.
First, I heard Missouri Governor Mel Carnahan call the UTU the "pre-eminent rail and transportation union in North America."
Think about what he said for a moment. One of this country's most-respected governors said the UTU is the number one union in all of North America representing rail and transportation workers.
It made me feel proud, and I hope it makes you feel proud, too.
Then I heard President Emeritus Tom DuBose stand up and say that Charlie Little is the right man and has the right plan for the UTU's long-term future.
Now, four years ago in Chicago, Tom and Charlie fought it out to see who would lead the UTU - and everybody knows that UTU politics can be pretty rough.
But here was this labor statesman from Georgia telling 1,000 people that he had come full circle and that his former opponent, and I quote, "has the ability, courage and foresight to lead the UTU into the 21st Century."
Here was Tom DuBose saying that he "has never been prouder of this union."
Brothers and sisters, this is one gentleman from Georgia who tells the truth and works to make this union better. Tom, why don't you stand and be recognized.
FIRE AND BRIMSTONE SPEAKER Now, I see Former President Al Chesser out there, too. Anyone who knows Al knows that he is a fire-and- brimstone speaker and has told a few colorful stories over the years. As many of you know, we have dedicated our new Washington, D.C., National Legislative Headquarters Building to Al H. Chesser in his honor. Al, stand up and take a bow.
Having heard both Al and Tom talk in Los Angeles and St. Louis this summer, I took a few notes and learned a few things about what I should do up here this morning.
What I learned is that you should tell it like it is, and don't hold back, which leads me to the number one headline in the UTU today.
You know what it is: "The UTU takes on BLE at the National Mediation Board."
I was there all last week, and I intend to give you an update on what happened.
I'm not going to repeat old news about why we are back at the Mediation Board. By now most of you have heard and read about the reasons both sides claim unification fell apart.
Many of you have probably read that the BLE's First Vice President accused the BLE President of deliberately provoking the UTU into going back to the National Mediation Board because of a recall election.
The BLE admitted it themselves. They scuttled unification because of internal politics. It had nothing to do with finances or what a future dues structure would be. So, the UTU had no other place to go but to the Mediation Board.
Last Tuesday, July 6, through Saturday's closing arguments, the UTU and BLE presented their cases at a formal hearing of the Mediation Board.
I believe that the UTU presented a powerful and convincing case that shows one union should represent the employees who work in the engine cab.
There has been a lot of BLE hoghead hogwash saying that the UTU is trying to do away with the craft of locomotive engineer.
Well, I'm an engineer from the Union Pacific Railroad and there is no way the UTU is going to do away with the craft of locomotive engineer - or any other historical craft. Our Unity Agreement and Constitution prohibit it.
In fact, during the BLE's closing argument on Saturday, their legal counsel, George Cohen, admitted that the UTU's Constitution and Unification Agreement will protect engineers' seniority and agreements if UTU wins the UP election, if an election is ordered by the Mediation Board.
That's a very different tune than what the BLE's propaganda machine has been spewing out about the UTU trying to destroy the historical craft of locomotive engineer.
Once again, the truth is out there.
CONTINUATION OF HISTORICAL CRAFTS The UTU wants to make sure the historical crafts continue well into the 21st Century, as I testified to last week.
What we want to do away with is paralyzing union politics that keep all historical crafts from being represented the way they deserve.
What we want to do away with is the BLE selling out thousands of conductors and trainmen to put a few more dollars in their members' back pockets...like they did on VIA Rail, Soo Line, and the Montana Rail Link.
What we want to do is protect the jobs of members in every historical craft, not to enrich one craft at the expense of others.
Think about when you fly in an airliner on American or Delta or United or another airline. What if that plane was flown by only a pilot because his union went to the airline company and told them that the pilot would do the co-pilot's job for an extra $50 a trip and would fly the plane alone? How would you feel?
Or would you feel better knowing that there was both a pilot and co-pilot in the cockpit because both jobs are necessary for the safe and efficient operation of an airliner, and the single union that represents both workers cannot sell one out for the other?
Sounds like the right thing to do, doesn't it? That's what we want to do.
We believe it is in everyone's long-term best interest for one union to represent railroad operating employees in the cab as we enter the 21st Century.
It's about time...and now is the time for it to happen.
The UTU believes there should be at least two persons operating a train - a locomotive engineer and a conductor working in close partnership.
What does the BLE believe?
Just ask those former conductors who worked on VIA Rail, the Soo Line and the Montana Rail Link.
STEP INTO THE 21ST CENTURY The National Mediation Board will ultimately decide whether rail labor should step forward into the 21st Century, or remain trapped in its 19th-Century roots.
We know that 19th-Century-minded union leaders want to keep things the same forever. You know who those people are.
But both Charlie Little and I decided that we needed to be 21st-Century union leaders and challenge the status quo, because this union - and all unions - have to change with the times or perish. There are better ways to represent working people more effectively.
We could have stood pat and slapped backs with the guys at the AFL-CIO and in the other rail unions.
We could have huffed and puffed and rattled the sabers and do what they do. But that's not Charlie's style, it's not my style, and it's not this union's style. We are not defenders of the status quo.
The UTU was born 30 years ago because it was in the best interests of the members in many crafts.
We believe that for your sake and for the sake of all historical operating crafts, the National Mediation Board should do what's best for 21st-Century union operating rail workers - not 19th-Century-minded labor leaders.
We believe they should authorize a representation election on the Union Pacific Railroad and let the rank- and-file decide their future.
Charlie said it in Los Angeles and St. Louis, and I am saying it here: UTU intends to win that election!
We are united on that issue from coast to coast. At our Los Angeles Regional Meeting, the International officers unanimously passed a resolution to "stay the course with our Union Pacific representation petition to the National Mediation Board."
You know, I've heard a lot of talk about where the UTU stands with the AFL-CIO today. The BLE is trying to make a federal case about it. So, let me ask you a question.
Where do you think the airline pilots union stands with the federation? How about the carpenter's union?
Both are members of the AFL-CIO. Both pay their dues and take part in federation activities across the country. And both have had Article XX sanctions leveled against them recently just like the UTU.
WON SOME AND LOST SOME The UTU and BLE have a long history of disputes with each other at the AFL-CIO. We've won some and we've lost some.
Disputes inside the federation are sometimes messy, but the UTU is still at the labor table. Just like the airline pilots and carpenters and a few other unions.
It's too bad that some union leaders don't like us. But Charlie and I are not here to be buddies with those guys.
We're here to represent you. We're here to protect your jobs. We're here to protect your future. We're here to make sure that no other union sells out your job and your craft as the BLE has done on VIA Rail, the Soo Line and the Montana Rail Link.
We expect the NMB to make a decision by the end of August. Then we will know if there will be a winner- take-all representation election, we hope, this fall on the Union Pacific. That election would be followed by other representation elections on other railroads.
And at the end of day, we expect that the UTU will represent all of the historical crafts equally and honorably as our Constitution and Unification Agreement pledge.
UTU ELECTION YEAR It's no secret that this is an election year in the UTU. One sure way to tell is to see how outrageous some union politicians will become just to get elected. This time is no exception. But I believe in my heart that UTU delegates and members know how to separate fact from fiction.
They know who truly has the UTU's best interests at heart, and they know in their hearts who is truly honest and who is not.
Four years ago in Chicago, and I'm sure some of you remember it was the worst heat wave in the Windy City's history, the delegates elected a new leadership team.
They embraced the "Blueprint for a New Beginning" and the promises made by a talented team lead by Charlie Little.
I am proud to report that we have lived up to the Blueprint and kept those promises.
We are financially strong and stable with more than $44 million in assets compared to only $16.7 million for the BLE.
While the UTU's assets are increasing, the BLE's are declining, and their strike fund is nearly depleted.
On the other hand, the UTUIA has record assets of more than $221 million and record reserves of $35 million.
Our membership is growing and we are organizing in the airline industry to spread our umbrella over other transportation modes. We've restructured, automated and computerized the International to make it more efficient.
BOOSTED POLITICAL CLOUT We've boosted our political clout across the U.S. and Canada, and here in Washington. Our voice is the most listened to in this city's corridors of power when it comes to transportation issues.
That's why we will be visited at this meeting by Vice President Al Gore, Minority Leader Richard Gephardt and Minority Whip David Bonior.
With our support in the 2000 elections, I hope we will invite back President Gore, Speaker Gephardt and Majority Leader Bonior in 2001.
Under Charlie Little's leadership, we have set a proactive and positive agenda for the 21st Century.
It is gratifying to be recognized as North America's number one rail and transportation union.
Notice I emphasized transportation. The UTU's roots are in rail labor, but it's future lies in also representing workers in other transportation industries.
The UTU is proud to represent bus operators, like those here from SEPTA in Philadelphia and from Charlotte. We are proud to represent our school bus drivers.
We are continuing to expand our organizing efforts at bus operations nationwide, and we have been successful at organizing van services like Renzenberger out west, which transport rail crews.
We have built up a head of steam that has resulted in many positive results for our union.
PREPARED FOR THE FUTURE The UTU is prepared to represent you effectively in the 21st Century. We are a union of brothers and sisters of many crafts in various transportation modes who look out for each other and do what is right.
In Los Angeles and St. Louis, Charlie took time to recognize those UTU leaders who have done so much to make this union better every day. I want to do the same thing today.
With only one exception, I am honored to tell you that every International officer stands united.
With only one exception, I am honored to tell you that every International officer has poured his heart and soul into protecting your future and your job.
With only one exception, I am honored to tell you that every International officer is working with your best interests at heart.
With only one exception, the leadership of your union is working diligently every day to make the UTU the best it can possibly be.
So, just as we did in Los Angeles and St. Louis, I want to acknowledge those who have made the UTU their life's work.
At the head of that list are two people who are not here today. You know about Charlie Little. The other is Vice President Dan Johnson whose passion for the UTU and integrity are second to none.
Please permit me a moment to acknowledge our International officers and those in other leadership positions this morning. But before I do, I want to thank everyone who helped us prove our case beyond a doubt last week at the Mediation Board.
I know some of them have gone home, but let me thank Paul Thompson, Arty Martin, John Babler, David Hakey, Lavon Nelson, Bob Carter, and Sammy Rudel, who did an outstanding job on the witness stand.
Assisting our General Counsel Clint Miller was Jim Linsey of the New York firm of Cohen, Weiss and Simon. Also working with us is one of the great labor secretaries, Ray Marshall, who held that job in Jimmy Carter's administration.
Brothers and sisters, I can't tell you how impressed I was with this team and what they did. And I must tell you how fortunate the UTU is to have Clinton J. Miller as our general counsel.
Now let me acknowledge our International officers and other leaders.
Once again, get on your feet Paul Thompson. Then there's Larry Davis, who announced in St. Louis that he is retiring at the end of the year. Thanks for all you've done, Larry, and we will miss you.
I'd like Al Smith, Bruce Wigent, Kim Thompson, Pete Patsouras, Rick Marceau, Guy Scarrow, and John Armstrong to get on their feet.
Now, I'd like Bernie McNelis and Percy Palmer from the Bus Department to stand. Don Carver and Jerry Martin from the Yardmasters Department, get on your feet.
OUTSTANDING STATE DIRECTORS It's time to recognize some of our outstanding legislative directors, and stand when I say your name - Jim Stem, Steve Fritter, Bill Thompson, Dan O'Connell, Sam Nasca, Richard Jeskey, David Brickey, Jim Carrico, Don Beavers, Carl Cochran, J.P. Jones, Don Dunlevy, Tom Dwyer, Sam Arrington, Larry Foster, Dale Wheeler, Don Lindsey, Tyrone Boudreaux, Larry Kasecamp, Bobby Marshall, Jack Shaver, Joe Szabo, Ray Lineweber, George Casey, John Smullen, Fran Marceau, John Risch, Ken Minard, Jack Ramsey, Rick Davids, Jerry Anderton, Jack Pennybacker, David Slavin, George Bagby and Scott Belden.
I'd also like to acknowledge Danny Boyles from Georgia. Danny is filling in for Wiley Vaughn, who passed away last week. Wiley was one of the UTU's great statesmen and we will miss him. In honor of Wiley Vaughn, and since we already had a moment of silence in his honor, I ask that we all give him a big round of applause.
Now, I know that many of you Canadians are wondering when I was going to get to Tim Secord. So, get on your feet, Tim. You do one hell of a great job for the UTU in Canada.
And then there's Broken Rail. Get up on your feet, James. I want to thank you for all of the hard work you do day in and day out here in Washington. It's a major reason why 98% of UTU-endorsed candidates won their races in the last elections.
All of you also should know that our TPEL is the number one labor transportation PAC in the U.S., and has helped put us at par with the carriers in Washington.
I thank all of you for your hard work and dedication. It's nice to stand up and take a bow, but we still have a lot of hard work to do.
In a speech given in April, UP CEO Dick Davidson acknowledged that it was rail labor, primarily the UTU, that saved the UP's bacon.
Well, once again there is a major railroad merger and once again the bacon is frying.
I have to tell you that we have been working closely with CSX and hammering away at Norfolk Southern to try to help straighten things out. We have told NS in no uncertain terms that it must change its culture or face failure. We have told the Surface Transportation Board the same thing.
NS knows that if the Conrail carve-up fails, the railroad industry may very likely be re-regulated to death by Congress.
NS FACING A TWO-EDGE SWORD So, NS is facing a two-edged sword: Do they change their culture, or do they risk having Washington re- regulate the railroad industry?
We are watching Norfolk Southern and CSX very carefully. So is the news media. So are the shippers. So are the truckers. So are the politicians.
If things don't get cleared up in Elkhart and Cleveland and Toledo and Harrisburg and Chicago and in the other trouble spots soon, we may have a meltdown that affects the whole country. It could make the Union Pacific meltdown look like small potatoes.
We've been to this dance before and the music gets old real fast.
These next few weeks are critical while the auto industry is retooling for the 2000 model year, and the coal mines slow down.
Nobody can afford a long, hot summer on America's railroads and more gridlock and confusion. If NS is ever to change its ways and follow the trend to better working relationships with its union workers, like we now have with CSX, they should seize the opportunity before it is too late.
They know they don't have much time to turn things around. They should learn from the Union Pacific's mistakes and not let corporate egos damage their business and long-term financial health.
TRIPLE WITCHING HOUR If the UTU was a company traded on Wall Street, some financial gurus might say that the UTU will be at a triple witching hour in the last six months of this century.
First, we have the Mediation Board action and a possible representation election this fall on the UP. Second, we have the quadrennial election of International officers in late August in Miami Beach. And third, we will be negotiating a new national agreement.
One of our major goals is ending the entry-rate pay and dual basis of pay for post-1985 members. Our intention is to make sure that the most productive rail workers in the world are paid accordingly.
I believe that we finally have the leverage to accomplish these goals. After decades of declining railroad employment, thousands of new operating employees are being hired.
Now, more than at any other time in the last 30 years, the carriers need our expertise to keep pace with truckers and other forms of transportation.
The carriers know they need experienced union operating employees to compete in the 21st Century. They know they need the skills and ideas of the "new" UTU.
Norfolk Southern and CSX need you -- and the UTU -- more than ever.
Today, every North American railroad is learning the true value UTU members bring to the job every day.
I have had the privilege of attending about 17 question-and-answer "shoot-outs" with Charlie Little all across the country. We've had them 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.
We answer every question asked, and the reception has been very positive.
THIS UNION HAS NO SECRETS Brothers and sisters, this union and the International officers who stood before you a few moments ago have nothing to hide. This union has no secrets. This union has nothing to be ashamed of.
In my opinion, there is only one officer who should be ashamed of his conduct in office, and all of you, and he, knows who it is.
A few people have asked me about allegations recently published on a web page by a certain candidate for high office in this union.
Because it is so important that our membership maintain confidence and trust in this organization, I want to address the matter directly.
Since the termination for good cause of a relative of that candidate who was employed at the International, this union has probably been the subject of more investigations than any other organization in America.
In each case the UTU cooperated fully with Federal authorities. The allegations were proved to be without merit, and in each case we were given a complete bill of good health. We are absolutely confident that the same will occur again.
Our operation is an open book, and we have been thoroughly audited annually by the nationally prominent certified accounting firm of Ernst and Young.
I suggest that no union is as well documented and exact about its finances as we are.
However, on a personal level I must say that it is the height of reckless and irresponsible conduct to follow a pattern that each time you seek high office you make allegations against your union that are knowingly false in an effort to smear honest and hardworking union officers for a selfish short-term political agenda.
It also appears that by spreading these falsehoods, he hopes to give aid and comfort to a competing labor organization, the BLE.
However, I am confident that the government, and as importantly the membership, will again reject such unethical and immoral conduct.
In the meantime, we must respect his and every other UTU member's right of expression. Believe me brothers and sisters, the truth will ultimately win out.
This union is doing things the right way for its membership's future.
In St. Louis, Tom DuBose said that President Little is on the right track with the BLE.
Tom said he knew that Charlie was committed to a peaceful merger.
And he said that "for some reason, the BLE doesn't understand that unification is coming, with or without them."
THE TOP UNION IN ITS FIELD I agree with Tom DuBose and Governor Mel Carnahan and all of the others who say that the UTU is the top union in its field on this continent.
The UTU will be the cornerstone of rail and transportation labor in the 21st Century. We will be the model of what a progressive and passionate union should be in the 21st Century.
We have only one true mission: To protect your jobs. To ensure the continuity of all historical crafts. To better your livelihoods. To better your working conditions. To improve your safety. To help you support your families with a stronger sense of security for the future.
Together we can do it. Together we can write a new chapter in the history of transportation labor. Together the UTU can fulfill the century-old promise of Eugene Debs.
Together we will march into the 21st Century as a union ready to take on the world.
God bless you.
--Washington Quotebook ..........................##T
NOTE: Below are examples of what leading politicians in the U.S. capital said about the UTU during the recent UTU/UTUIA Regional Meeting in Washington, D.C., held July 11-14, 1999, at the Hyatt Regency Washington (on Capitol Hill):
"I believe very deeply in the UTU. I'm proud that a recent report called the American rail worker the most productive worker in the entire world." -- U.S. Vice President Al Gore.
"You can be assured that when we win the House back, we will have the UTU in our head every day." -- House Democratic Leader Richard Gephardt (D-Mo.).
"Byron Boyd has earned a reputation for integrity and telling it like it is. Jim (Brunkenhoefer) is an absolute fantastic crusader for working men and women in America. He is an asset and I'm proud to work with him." -- House Democratic Whip David E. Bonior (D-Mich.).
--Gore, Gephardt, Bonior praise UTU ........... ....##U
NOTE: The following appears in a special supplemental section ("1999 Regional Meetings Scrapbook") included with this month's traditional print version of the UTU NEWS. Also included in that supplement are numerous photographs of people and events associated with the three UTU/UTUIA Regional Meetings held in 1999.
WASHINGTON -- Vice President Al Gore led off a trio of Democratic heavy-hitters who addressed the attendees at last month's Washington, D.C., Regional Meeting.
Speaking to a crowd of nearly 2,000 UTU members, their families and guests at the Hyatt Regency Washington Hotel on July 12, Gore said that he has had a "long-standing, warm and supportive relationship" with North America's top rail and transportation union for 25 years.
"I will never forget the role that you played for President Clinton and me," Gore said. "I'm here to tell you that I'm going to work just as hard to earn your endorsement on my own, and I'll tell you why. I believe very deeply in the UTU. I'm proud that a recent report called the American rail worker the most productive worker in the entire world. I believe in you."
Gore's speech was animated and passionate, a far cry from the stereotyped "wooden politician" the Washington press corps has unfairly labeled him. And it could not have come at a better time. The meeting was the largest in the union's history.
Gore went on to tell the crowd that he believes "our country does better when organized labor is treated with respect and has real power and the ability to negotiate."
"I'm proud that in the six-and-a-half years that President Clinton and I have been in the White House, President Clinton has vetoed every single anti-labor bill that has come across his desk. And if these anti- labor forces keep trying that in the year 2000, with your help, I'll stop them!" he said.
The Vice President was followed on Tuesday by Rep. Richard A. Gephardt (D-Mo.), the House Minority Leader, who during a luncheon speech thanked the UTU for being "one of the few unions who have helped us (Democrats) so much" in elections and asked for help to reclaim control of the House of Representatives.
"You can be assured that when we win the House back, we will have the UTU in our head everyday," Gephardt said.
In closing, he told the crowd that "when we get to the issues of Amtrak and Railroad Retirement and railroad safety, and whether or not you're going to be paid a living wage and have the right to bargain collectively, whether or not we're going to put up with scab workers in this country or permanent replacements, we're going to remember who supported us and where our help came from. We are going to be there for you."
Rep. David Bonior, the House Democratic Minority Whip of Michigan, had nothing but praise for the UTU's top leadership.
On Wednesday, he told UTU members that International President Charles L. Little "has put the whole issue of organizing up front where it belongs."
He said that "Byron Boyd has earned a reputation for integrity and telling it like it is," and said that "Jim (Brunkenhoefer) is an absolute fantastic crusader for working men and women in America. He is an asset and I'm honored to work with him."
Bonior said he believed better safety conditions on the nation's railroads should be negotiated during collective bargaining, but added, "If you can't get them at the bargaining table, we in Congress will step in."
Bonior credited the UTU with "helping protect full funding for Amtrak" and said the "UTU is an important voice in the political debate."
STATE WATCH --News from UTU State Legislative Boards ........##V
GEORGIA As a result of complications related to his recent illness, Georgia State Legislative Director Wiley Vaughn passed away July 8, at Emory University Hospital in Atlanta, Ga. He was 56.
According to new Georgia Legislative Director Danny Boyles, Vaughn was admitted to Emory University Hospital in June and had emergency surgery early last month. He was recovering in a rehabilitative wing of the hospital following the surgery, but was moved to the intensive care unit after developing complications. He died in the intensive care unit.
A funeral service was held for Vaughn on July 10, at Antioch Baptist Church II in Milan, Ga.
At the request of his family, donations in Vaughn's honor should be made to the Arbor Baptist Church, 1137 Merrimac Drive Extension, Fitzgerald, GA 31750.
The Wiley Vaughn Benefit Fund, established to help defray the cost of medical expenses, is also accepting donations. Contributions should be sent to the Wiley Vaughn Benefit Fund, c/o Warshauer & Woodruff, 2700 The Grand, 75-14th Street NE, Atlanta, GA 30309-3645.
Vaughn was diagnosed with a cancerous brain tumor in March and had undergone two surgical procedures.
Vaughn joined Local 824 of the Brotherhood of Railroad Trainmen as a freight brakeman on the Seaboard Atlantic Line in 1961.
During his career, Vaughn held various offices in UTU Local 1790 at Fitzgerald, Ga., including local chairperson and legislative representative.
He is survived by his wife Linda, son Brian, and daughter, Heather.
LOUISIANA The 1999 Louisiana Legislature concluded with fairly good news for UTU members, reports Legislative Director Tyrone Boudreaux.
On July 2, H.B. 2158, which places an "hours of service" limit on all drivers of contract carrier limousine services, was signed into law by Governor M.J. Foster.
Drivers are now limited to 10 hours of service per day, with eight-hour rest periods required between shifts and no more than 70 hours of service in an eight- day period.
H.B. 808, which criminalized the entering of railroad property without proper authority, was killed in committee.
And H.B. 773, the railroad vandalism bill, was indefinitely deferred. Passage of this bill could easily have resulted in a charge of "criminal vandalism" against an employee involved in a train derailment, Boudreaux explained.
"These were major accomplishments," said Boudreaux, adding that both H.B. 808 and H.B. 773 were pushed very hard by the railroad industry.
Unfortunately, the crew consist bill H.B. 2009 lost in committee by a six-to-four vote. However, Boudreaux asked that all UTU members in the district of Rep. Kay Iles contact her office to express their appreciation for her efforts to support this legislation.
TENNESSEE Together at the 1999 Regional Meeting in St. Louis, Mo., were the Elliott brothers, including Charles (974), W. "Denny" (338) and Randal (974) Elliott, all of Tennessee and all active supporters of the UTU's Transportation Political Education League (TPEL).
Randal and Denny are both Dollar-a-Day members of TPEL and Charles is a Gold Club member.
"The Elliott brothers are active in their locals and are strong supporters of TPEL. The leadership they provide is a strong factor in making the UTU such a success in Tennessee," said Tennessee Legislative Director Jerry Anderton.
A photograph of the three brothers appears in the traditional print edition of this month's issue of the UTU NEWS.
VIRGINIA State Legislative Director Richard Jeskey reports that the second annual UTU Benefit Golf Tournament and Seminar of Virginia/West Virginia, organized by UTUIA Field Supervisor Joe Fletcher, was held June 3 at the Countryside Golf Course in Roanoke, Va.
The tournament and a raffle raised $1,184 and the proceeds will be contributed to the cost of the Habitat for Humanity home which was built by UTU Insurance Association volunteers. Forty-six participants took part in the two-day event.
Jeskey said that not only was the golf tournament a great success, but the seminar held the following day proved to be an invaluable tool for all those who are active and interested in the union process.
The tournament was won by the foursome of David Ayers, Bart Thornton, and Jimmy Atkinson, all of UTU Local 559 at Roanoke, Va., and Mike Berton of the BLE.
"The fact that both UTU and BLE players united to become victorious proves that we can join together and become a first-place team," Jeskey said.
SENIOR NEWS
--RRB report shows continued improvement ...........##W
The U.S. Railroad Retirement System's funds have shown a general improvement over the past 12 months, and barring any sudden, large decrease in railroad employment, the pension and unemployment insurance system should encounter no cash-flow problems during the next 25 years.
According to the 1999 annual report recently released by the U.S. Railroad Retirement Board (RRB), the balance of the rail retirement trust funds reached nearly $16.5 billion at the end of fiscal year 1998, up from $15.4 billion at the end of the 1997 fiscal year.
At the same time, the railroad unemployment insurance system held a balance of $102.5 million, up significantly from the $85 million in the fund at the end of the last fiscal year.
The RRB is required by law to submit annual financial reports to Congress summarizing the condition of the rail retirement system, as well as the rail unemployment insurance system. In addition, the board is required every three years to submit an actuarial valuation. The last such valuation, which reflected a positive outlook, was submitted early last year.
As in years past, the study's authors examined three employment assumptions, using different patterns of changes in the rail work force for the 25 calendar years spanning 1999 to 2023. The projection of these components were combined and the investment income calculated to produce the projected balances in the accounts at the end of each projection year, the RRB said.
Analyzing data under optimistic, moderate and pessimistic employment assumptions, the 1999 report indicated positive balances at the end of the 25-year period under all three employment models.
In contrast, last year's report indicated positive balances at the end of the period analyzed only under the optimistic and moderate assumptions. Although an actuarial deficiency was indicated under the pessimistic assumption, no cash-flow problems were predicted until the year 2022.
The RRB said favorable employment, wage increases, and low inflation this year led to higher projected balances under all three employment assumptions studied.
The report recommended no immediate changes in the tax rate imposed on employers or employees.
The report on the health of the unemployment insurance system was also favorable. Even as maximum benefit rates rise 43% (from $44 to $63) from 1998 to 2009, experience-based contribution rates are expected to keep the unemployment insurance system solvent except under the most pessimistic employment scenario.
Even then, projections indicate only a small, short- term cash-flow problem may materialize in fiscal year 2002, with repayment of the loans resulting from the shortfall during the following fiscal year.
The unemployment insurance system report also recommended no financing changes at this time.
--Retiree starts phone company ..................##X
Too often, it seems the promised savings that accompany deregulation never materialize. But retired UTU member Bernard E. Lunak claims to have made telephone industry deregulation work in his favor, and believes it can work for all UTU members.
In many ways, Brother Lunak, of Local 525, Grand Forks, N.D., is an average rail retiree. He started as a clerk on the Great Northern in June 1948, and later that year went into train service. He joined the Brotherhood of Railroad Trainmen, was promoted to conductor in 1953, and retired from the Burlington Northern in April 1993.
Like other retirees, he moved to a more moderate climate, settling in Branson, Mo. And like the average retiree, he kept in touch with his children and family members by telephone.
"When I moved to Branson," Lunak said, "my phone bill shot up to $150 a month. I was talking to a lady one day about long-distance rates. She said her husband, a retired pilot, banded together with other airline employees, and they created their own phone service that was saving them money."
Lunak contacted those running the phone service, AirTel, to see if he could sign up as a customer, but was turned down.
After making a few more inquiries, Lunak found that if he did the legwork, put a group together and filed the correct paperwork, he could create a phone company for railroaders.
"That's how I started RailTel, the Railroad Employees Telephone Network," Lunak said. "It's great for retirees, but I think working railroaders could save a bundle with it, too."
Lunak said the service charges no fees, carries no obligations, and gives users their choice of a free 800 number, a calling card, or both.
"I think this service could probably save the average railroader about $40 a month," said Lunak, who invited interested parties to call him toll free at 888-401- 7631, or write to him at 201 N. Sunshine St., Branson, MO 65616, for more details.
--Clinton proposes prescription drug benefit .......##Y
The Clinton Administration has unveiled a Medicare proposal that would charge beneficiaries $24 a month for a prescription drug benefit.
The plan calls for Medicare to pick up half the cost of prescription drugs, up to $2,000 worth of medicines a year, when the program begins in 2002. Over the following six years, the premiums would rise to $44, while the limit on drug costs shared by the government would increase to $5,000.
The proposal also would include free preventive services, such as mammograms and prostate screenings for seniors.
The Administration estimated its proposal would cost about $118 billion over ten years, but the Congressional Budget Office estimates the cost at $168 billion.
Though the plan hasn't yet reached Congress, pharmaceutical companies and managed-care insurers are already planning a lobbying blitz to stave off price controls and protect their interests.
--Richard "Dick" Estes succumbs to cancer .......##Z
Retired UTUIA Field Supervisor Richard J. "Dick" Estes, 87, of Meridian, Miss., succumbed to metastatic colon cancer on May 18, 1999, according to information recently received at UTU International Headquarters.
A member of Local 1912, Mobile, Ala., Brother Estes was born February 21, 1912, in Meridian, Miss. He began his career on the AT&N Railroad as a brakeman and joined the Brotherhood of Railroad Trainmen in October 1939. He retired in April 1977.
Estes was a Mason and a lifetime member of the Hamasa Shrine Temple of Mobile, Ala.
Survivors include a daughter, three sisters, two brothers, and numerous nieces and nephews. His wife, Mildred, passed away June 21, 1998.
--The Final Call ..................................##AA
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 118 Reed, Arnold D. Rainelle, WV 283 Smith, N. J. Klamath Fls., OR 324 Ray, G. H. Seattle, WA 385 Spinola, Ralph P. Wappingers Fls., NY 693 Brooks, Chester L. Canton, OH 867 Porter, J. R. Grand Island, NE 1011 Smith, Aaron T. Troutman, NC 1042 Fuller, Ernest A. El Reno, OK 1066 White, Frank A. Slidell, LA 1328 Wilson, Marion E. Louisville, KY 1413 Komorowski, Alfred Jersey City, NJ 1423 Parkinson, Donald L. Knoxville, IL 1445 Stumpf, Harold A. Jersey City, NJ 1470 Pflieger, Carl F. Ballwin, MO 1525 Smith, Arvell E. Paducah, KY 1564 Wisser, David R. Orange, CA 1778 Rebagliati, Raymond Lillooet, BC 1882 Moen, Luther D. Finlayson, MN 1912 Estes, Richard J. Meridian, MS
TPEL HONOR ROLL --Contributors' continued support recognized....##BB
Below are benefactors of the UTU's Transportation Political Education League (TPEL) who have begun contributing more than $100 per year, or have increased their donations to more than $100 per year, within the last two months. This list is a regular feature in the UTU NEWS, honoring those men and women who help make this union and nation great.
* Denotes Retired Member
PLATINUM CLUB ($1,200 or more per year) NAME LOCAL CITY/STATE Futhey Jr., Malcolm B. 950 W. Memphis, AR Bricker, Monte 1574 Portland, OR Tello, Michael F. 1882 Minneapolis, MN
DOUBLE DIAMOND CLUB ($600 or more per year) NAME LOCAL CITY/STATE Hester, Richard A. 626 McCook, NE Ralston, Kenneth B. 626 McCook, NE Schroeder, Gary L. 626 McCook, NE Huston, James A. 1532 Kansas City, KS
DIAMOND PLUS CLUB ($400 or more per year) NAME LOCAL CITY/STATE Crater, Norman R. 311 LaCrosse, WI Wiemerslage, Mike T. 477 Newton, KS Babler, John W. 597 Des Plaines, IL Menges, Kenneth R. 933 Jefferson City, MO Wolk, Dennis F. 996 Ste. Genevieve, MO Draskovich, Richard 1503 Marysville, KS
DOLLAR-A-DAY CLUB ($365 or more per year) NAME LOCAL CITY/STATE Pointer, Freddy L. 98 Watsonville, CA Atkinson, Gary M. 283 Portland, OR Wesslund, Daniel M. 286 North Platte, NE Duffy, Richard K. 329 Boone, IA Emery, Jon R. 329 Boone, IA Teter, Clarence W. 329 Boone, IA Camp, Raymond A. 596 Albion, PA McKinley, Allen D. 605 Grafton, WV Skinner, Courtland H. 771 Needles, CA Tatum, Larry C. 1033 Atlanta, GA Rigg Jr., Howard A. 1227 Wichita, KS McCrary, Terry L. 1608 Chatsworth, CA Bechtol, Marlon E. 1674 Los Angeles, CA Smith, Kevin J. 1694 Barstow, CA Massey, Ruby K. 1715 Charlotte, NC Devasher, Douglas A. 1813 W. Colton, CA Dye, Lawrence T. 1933 Washington, DC Wallace, Causa 1933 Washington, DC
DIAMOND CLUB ($300 or more per year) NAME LOCAL CITY/STATE Pope, Tomas W. 30 Jacksonville, FL McConahay, Lee J. 200 North Platte, NE Boardman, William E. 256 Watervliet, NY Keith, Theodore L. 286 North Platte, NE *Layton, Harlan D. 305 Lincoln, NE Poole, Timothy H. 305 Lincoln, NE Drake, Dennis H. 331 Temple, TX Gaertner, Terry W. 473 La Grande, OR Brinkman, Leo M. 627 Wymore, NE Foote, John F. 627 Wymore, NE Lenfest Jr., Roger M. 898 Boston, MA Seyer, Donald J. 947 Chaffee, MO Farrell III, Walter 1066 New Orleans, LA Payne Jr., Thomas J. 1241 Richmond, CA Davis, Robert M. 1345 Knoxville, TN Walsh, Michael J. 1402 Dupo, IL Barrymore, Paul K. 1544 Maywood, CA Nelson, Lewis L. 1574 Portland, OR
GOLD CLUB ($100 or more per year) NAME LOCAL CITY/STATE *Robinson, Wesley A. 5 Kansas City, MO Gleason, Brian M. 84 Los Angeles, CA *Hubbell, Roman K. 84 Los Angeles, CA Wylie, John M. 84 Los Angeles, CA Blair, David L. 94 Kansas City, KS Powers, Stephen P. 94 Kansas City, KS Garza Jr., Juan 110 Laredo, TX Barrett, Craig B. 200 North Platte, NE Briney, Ricky D. 200 North Platte, NE Buntemeyer, Steven 200 North Platte, NE Cottle, Oscar J. 200 North Platte, NE Dawson, Timothy J. 200 North Platte, NE Diaz, Ricardo A. 200 North Platte, NE Donohoe, Will T. 200 North Platte, NE Edeal, Arlin D. 200 North Platte, NE Erdman, Rick G. 200 North Platte, NE Fair, Donald 200 North Platte, NE Grams, Jason C. 200 North Platte, NE Hale, Douglas W. 200 North Platte, NE Hasbrouck, Donald L. 200 North Platte, NE Hopper, Daniel J. 200 North Platte, NE Ion, James R. 200 North Platte, NE Kleinberg, Gabriel 200 North Platte, NE Loughry, Scott L. 200 North Platte, NE Robinson, Thomas P. 200 North Platte, NE Rockwell, Kim L. 200 North Platte, NE Schwanz, Kevin W. 200 North Platte, NE Shipley, Charles L. 200 North Platte, NE Smith, Clifford D. 200 North Platte, NE Songster, Kyle N. 200 North Platte, NE Trisdale, Jason A. 200 North Platte, NE Stewart, Wilford G. 202 Denver, CO Miller, Dennies E. 226 Moberly, MO Slavin, David T. 277 Hartford, CT Melvin, Michael W. 305 Lincoln, NE Oborny, Nicole J. 305 Lincoln, NE Tubbs, Danny R. 305 Lincoln, NE White, Kristina L. 305 Lincoln, NE Herzog, Thomas J. 322 Milwaukee, WI Streholski, Richard 322 Milwaukee, WI Warden, Joseph F. 322 Milwaukee, WI *Aspengren, William 329 Boone, IA Sims, Montie R. 331 Temple, TX Mullen, Mark J. 333 North Vernon, IN Osterman, David C. 446 Cheyenne, WY Bruins, James E. 473 La Grande, OR Dreher, Stephen R. 473 La Grande, OR Sirrine, Matthew W. 473 La Grande, OR Williamson, Robert C. 490 Princeton, IN Clark, Kenneth O. 492 Sacramento, CA St. Clair, Kenneth W. 559 Roanoke, VA Hosmeyer, Michael R. 605 Grafton, WV Satterfield, Robert 605 Grafton, WV Shay, Michael T. 605 Grafton, WV Brown, Ronnie J. 607 Thayer, MO Davis, Bruce A. 610 Baltimore, MD Burns, Patrick J. 626 McCook, NE Shields, Michael W. 626 McCook, NE Houk, James A. 629 Roanoke, VA Baring, Lewis R. 646 Council Bluffs, IA Welp, Gregory R. 650 Minneapolis, MN *Smith, William J. 724 Ft. Wayne, IN Oroark, Clarence D. 750 Knoxville, TN Pusley, Billy Mack 821 Del Rio, TX Collier, Wendell F. 866 Rawlins, WY *Paul, William J. 891 Whitefish, MT *Wagner, Roger F. 891 Whitefish, MT Belin, Andrew L. 942 Florence, SC Ramsak, Derek J. 1066 New Orleans, LA Brannan, James M. 1088 Jackson, MS Edmundson, Lois E. 1088 Jackson, MS Johnston, William R. 1088 Jackson, MS Musgrove, Larry L. 1088 Jackson, MS Pullen, Kevin H. 1088 Jackson, MS Spivey, Albert 1088 Jackson, MS Rodriguez, Armando 1117 Las Vegas, NV Devane, Chester A. 1129 Raleigh, NC Dalos, Robert C. 1137 Fargo, ND Lenius, Deborah L. 1137 Fargo, ND Payne, Earl D. 1188 Oklahoma City, OK *Hardin, Gilbert L. 1221 Tampa, FL *Kroenert, Lawrence 1299 Chicago, IL Stephens, B. Kyle 1313 Amarillo, TX *Lewman, Ralph L. 1381 Hammond, IN Devine, Thomas J. 1390 Trenton, NJ Nadalin, John A. 1397 Columbus, OH *Stephan, Frank 1433 Elmwood Park, IL *Spahr, Albert 1445 Elizabeth, NJ *Howard, Lige 1518 Indianapolis, IN McMiller, Alvin R. 1532 Kansas City, KS Kellam, William S. 1559 Yuma, AZ Puckett, Gerald C. 1559 Yuma, AZ *Schoenthaler, A. 1559 Yuma, AZ House, Sharia L. 1564 Los Angeles, CA Joyce, Allen L. 1570 Roseville, CA Griffin, James R. 1574 Portland, OR Monical, Joseph E. 1574 Portland, OR Niiranen, Brian W. 1574 Portland, OR Kalustian, Michael 1608 Chatsworth, CA Mann, Russell M. 1620 Elkhart, IN Price, Bryan S. 1620 Elkhart, IN Walker, Priscilla E. 1715 Charlotte, NC Wilkinson, Timothy 1715 Charlotte, NC Jackson, Odell 1780 Kansas City, MO Bingham, Barry N. 1800 Tucson, AZ Carrizosa, Martin 1800 Tucson, AZ Lynch, Douglas 1800 Tucson, AZ Martin, Justin E. 1800 Tucson, AZ Lambert, Ronald J. 1836 New Orleans, LA *Damstrom, Richard F. 1840 Glasgow, MT Boggs, William O. 1933 Washington, DC *Lambert, D. Michael C Pine Bluff, AR Pyles, Georgianna LA180 Cincinnati, OH
FELA UPDATE --It's easy to call a Designated Counsel ..........##CC
UTU Designated Legal Counsel attend many of your local meetings.
If you go to those meetings, you will almost always have the opportunity to talk to a lawyer or a representative of a law firm about any legal concerns you may have.
You can also find counsel at the Regional Meetings and at many seminars that take place regularly around the country.
It is surprising to learn, therefore, that some UTU members don't know how to contact a lawyer when they need legal assistance.
Others think that getting hold of a lawyer is as hard as getting hold of a doctor. Not true.
Almost every UTU Designated Legal Counsel has a toll- free telephone number.
One of the most important functions of these lawyers is to respond to your calls and to give you free advice, whether or not you will eventually need a lawyer.
So, if you want to talk to one of the UTU Designated Legal Counsel, just reach out and call.
A directory of Designated Legal Counsel can be accessed on the UTU website at www.utu.org.
Monte Bricker, coordinator Designated Legal Counsel 1-888-241-7076
NOTICES
--Quadrennial Convention reminders .............##DD
The UTU 1999 Quadrennial Convention will begin August 23 and run through August 27 at the Fontainebleau Hilton Hotel in Miami Beach, Fla.
The delegates will elect International officers and will also consider amendments to the UTU Constitution.
Admittance onto the floor at the convention is restricted to delegates from individual locals. Officers, members and others may observe from a gallery at the rear of the convention floor.
--Healthcare enrollment choice ....................##EE
For the first time in 30 years, UTU members working under UTU contracts on major Class I railroads will have a choice in which company will provide their healthcare coverage.
Under the new National Railway Carriers and United Transportation Union Health and Welfare Plan, BlueCross BlueShield Plans administered by Regence Life and Health will now be options.
Enrollment forms will be mailed to eligible members' homes beginning August 23. You must return the enrollment materials in order to exercise your healthcare choices and to designate a beneficiary for life insurance coverage.
If you do not return the enrollment materials, you will automatically keep your current healthcare options. The enrollment period is from August 23 to October 1.
--Monthly apparel winner announced .............##FF
This month's lucky winner of his choice of any item of apparel bearing the UTU logo is Donald W. LeBaron of Centralia, Wash.
Brother LeBaron is a member of Local 1348 in Centralia, Wash., which represents workers employed by the Union Pacific Railroad.
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 LeBaron!
--UTU dedicates new Washington, D.C., office ......##GG
WASHINGTON, D.C. -- Retired former UTU President Al H. Chesser emphasized the importance of transportation labor's largest political action committee in a fiery and inspirational speech delivered on July 10 at a ceremony dedicating the UTU's new legislative headquarters here.
The new office facilities, dedicated in honor of the 85-year-old Chesser, are located in a building wholly owned by the UTU just a few blocks from the U.S. Capitol.
In his remarks, Chesser pointed out the direct relationship that exists between membership support of the union's TPEL and job security for unionized workers.
"During the 18 years beginning in 1961 that I served this great union as national legislative director and then as its president, we achieved effective improvements in safety and protective legislation for our members, and all of transportation labor, because of our close relationship with our proven friends here in Washington, D.C.," Chesser said.
"We remain the strongest, most efficient and effective transportation union in the U.S. and Canada, largely because of our efforts here, and because of the leadership and action taken by UTU International President Charles L. Little and Assistant President Byron A. Boyd, Jr.," Chesser declared. "And to their credit, they have working for them here in Washington National Legislative Director James Brunkenhoefer, better known to you as 'Broken Rail.' He's the tops in town. He knows where they hide the ball, and I rest well at night because he's here."
Regarding the dedication of the new legislative headquarters in his honor as the highlight of his life, Chesser expressed his appreciation to the UTU's officers and membership.
"I love this union," he said. "Never once has its integrity been questioned. We are responsible and respected by our neighbors. Never have we crossed the picket line of another labor organization. And never have we offered to take another's job at a cut-rate price."
The UTU's new legislative headquarters in Washington, D.C., are located at 304 Pennsylvania Ave. SE, Washington, DC 20003, and can be reached by telephone at (202) 543-7714, and by fax at (202) 543-0015.
--Scholarship named for Chessers ...............##HH
An endowed scholarship has been established at Southern Illinois University School of Law in Carbondale, Ill., in the name of Al H. and James A. Chesser.
Al H. Chesser served as president of the UTU from 1971 to 1979; James A. Chesser was his father.
According to United States District Court Judge David Herndon, who had served as a UTU designated legal counsel before his appointment to the bench, "This scholarship was established to honor the many years of hard and selfless work which Al Chesser devoted to helping not only rail workers, but each community in which he lived. The ethics, integrity and honesty which not only describe Al Chesser's approach to life, but that of his father, James A. Chesser as well, serve as an additional inspiration for the scholarship."
The first criteria for a recipient of the scholarship is that he or she either be a member of the UTU, or be the child, grandchild, niece or nephew of a UTU member. In the event a qualified candidate meeting that criteria does not apply, the scholarship will be awarded to a similar progeny of any AFL-CIO affiliated union.
The successful recipient must also satisfy the scholarship committee of his or her commitment to an ethical and honest approach to the legal profession.
The scholarship is available for awarding to a qualified applicant beginning with the 2000-2001 school term. "I believe the scholarship, at the present time, will award approximately $1,000.00 annually to the awardee," Herndon said. "As the endowment grows, that amount will also grow. It is my hope that word of this scholarship will reach UTU members and their progeny so that they may make themselves available for consideration should they care to do so."
As an endowed fund, the scholarship will be enhanced in the future by additional contributions. Contributions should be made through the Southern Illinois University Carbondale Foundation, located at Colyer Hall, Mailcode 6805, Carbondale, IL 62901.
--UTU policy concerning fees objectors ............##II
1. Any person covered by a UTU union shop or an agency shop agreement in the United States who elects to be a non-member has the legal right to object to political and ideological expenditures not related to collective bargaining, contract administration, or other activities germane to collective bargaining. Each non- member who objects shall pay the reduced fees.
To the extent permitted by law, a non-member cannot participate in Union elections as a voter or as a candidate; attend Union meetings; serve as delegate to the Convention, or participate in the selection of such delegates; or participate in the process by which collective bargaining agreements are ratified.
2. The objecting non-members shall provide notice of objection by notifying the International General Secretary-Treasurer of the objection by first-class mail postmarked during the month of September each year or within thirty (30) days after he/she first begins paying fees and receives notice of these procedures. The objection shall contain the objector's current home address. Once a non-member objects, the objection shall stand until revoked. Objections may only be made by individual employees. No petition objections will be honored.
3. The following categories of expenditures are chargeable:
a. All expenses concerning the negotiation of agreements, practices and working conditions;
b. All expenses concerning the administration of agreements, practices and working conditions, including grievance handling, all activities related to arbitration, and discussion with employees in the craft or class (or bargaining unit) or employer representatives regarding working conditions, benefits and contract rights;
c. Convention expenses and other union internal governance and management expenses;
d. Social activities and union business meeting expenses;
e. Publication expenses to the extent coverage is related to chargeable activities;
f. Litigation expenses related to contract administration, collective bargaining rights, and internal governance;
g. Expenses for legislative and administrative agency activities to effectuate collective bargaining agreements;
h. All expenses for the education and training of officers and staff intended to prepare the participants to better perform chargeable activities;
i. All strike fund expenditures and other costs of economic action, e.g., demonstrations, general strike activity, informational picketing, etc., that benefit members of the bargaining unit or craft represented by UTU;
4. The International shall retain a certified public accountant to perform an independent audit of the records of the International and subordinate units maintained by the International General Secretary- Treasurer. The International shall also retain a neutral referee for the purpose of determining the percentage of expenditures that fall within the categories specified in Section 3. The amount of the expenditures that fall within Section 3 shall be the basis for calculating the reduced fees that must be paid by the objector. The neutral referee shall also give an opinion concerning the adequacy of the escrow amounts maintained pursuant to Section 17, and later will verify the existence and the amounts of money in any escrow accounts.
5. The neutral referee shall complete the report no later than July 31. This report shall include an analysis of the major categories of union expenses that are chargeable and non-chargeable.
6. Each person entitled to receive the referee's report may challenge the validity of the calculations made by the neutral referee by filing an appeal with the International General Secretary-Treasurer. Such appeal must be made by sending a letter to the International General Secretary-Treasurer postmarked no later than thirty (30) days after issuance of the independent referee's report.
7. After the close of the appeals period, the International General Secretary-Treasurer shall provide a list of appellants to the American Arbitration Association (AAA). All appeals shall be consolidated. The AAA shall appoint an arbitrator from a special panel maintained by the AAA for the purpose of these arbitrations. The AAA shall inform the International General Secretary-Treasurer and the appellant(s) of the arbitrator selected.
8. The arbitration shall commence by October 1 or as soon thereafter as the AAA can schedule the arbitration. The arbitrator shall have control over all procedural matters affecting the arbitration in order to fulfill the need for an informed and expeditious arbitration.
9. Each party to the arbitration shall bear their own costs. The appellants shall have the option of paying a pro-rata portion of the arbitrator's fees and expenses. The balance of such fees and expenses shall be paid by UTU.
10. A court reporter shall make a transcript of all proceedings before the arbitrator. This transcript shall be the official record of the proceedings and may be purchased by the appellants. If appellants do not purchase a copy of the transcript, a copy shall be available for inspection at the International during normal business hours.
11. Appellants may, at their expense, be represented by counsel or other representative of choice. Appellants need not appear at the hearing and shall be permitted to file written statements with the arbitrator instead of appearing. Such statement shall be filed no later than fifteen (15) days after the transcript becomes available, but in no case more than thirty (30) days after the hearing closes.
12. Fourteen (14) days prior to the start of the first hearing, appellants shall be provided with a list of all exhibits intended to be introduced at the hearing and a list of all witnesses intended to be called, except for exhibits and witnesses that may be introduced for rebuttal. On written request from an appellant, copies of exhibits (or in the case of voluminous exhibits, summaries thereof) shall be provided to them. Additionally, copies of exhibits shall be available for inspection and copying at the hearing.
13. The International shall have the burden of establishing that the reduced fees set forth in the neutral referee's report are lawful.
14. If the arbitrator shall determine that more than one day of hearings is necessary, hearings shall be scheduled to continue from day to day until completed. The parties to the appeal shall have the right to file a brief within fifteen (15) days after the transcript of the hearing is available, but in no case more than thirty (30) days after the hearing closes. The arbitrator shall issue a decision within forty-five (45) days after the submission of post-hearing briefs or within such other reasonable period as is consistent with the rules established by the AAA.
15. The arbitrator shall give full consideration to the legal requirements limiting the amounts that objectors may be charged, and shall set forth in the decision the legal and arithmetic basis for such decision.
16. If an objector receiving an advance reduction wishes to continue objection, he/she shall continue to pay the reduced fees that he/she is currently paying until the neutral referee issues the report. As soon as possible after the issuance of the neutral referee's report, he/she shall pay the amount of the reduced fees calculated by the neutral referee. Persons objecting for the first time shall be sent a copy of the report prepared by the neutral referee for the previous year and shall pay the reduced fees as soon as possible.
17. Each month thereafter for all objectors, an amount shall be put in an interest-bearing escrow account equal to 25% of the reduced monthly fees, or such other greater amount as the neutral referee may recommend. All objectors from the previous year shall be paid the amount of non-chargeable money that is in the escrow account as determined by the neutral referee's report as soon as practicable after its issuance. The appropriate unit of UTU shall not, however, take its portion of the monies in the escrow account until fifteen days after the conclusion of the period within which an objector may appeal the report of the neutral referee, or upon the issuance of the decision of the arbitrator, whichever is later.
18. When the decision of the arbitrator is announced the monies remaining in the escrow account shall be distributed in accordance with the decision.
PERCENTAGE OF CHARGEABLE FEES DETERMINED BY NEUTRAL REVIEW FOR CALENDAR YEAR 1998
International.................67.0
GENERAL COMMITTEES OF ADJUSTMENT*, INCLUDING LOCALS UNDER JURISDICTION *) Unreviewed GOs will have 1998 average of chargeable percentages of GOs audited of 100.0 applied to any new objectors.
All General Committees and Local Committees .............................100.0
STATE LEGISLATIVE BOARDS** **) Unreviewed SLBs will have a 0% chargeable percentage applied to new objectors.
LO 005 California...........86.6 LO 026 Minnesota............75.7 LO 035 New York.............90.8 LO 038 Ohio.................92.7 LO 48 Texas.................64.9 Unreviewed Boards..............0.0
--UTUIA offers IRAs, flexibility ...............##JJ
UTUIA's Traditional IRA and Flexible Premium Deferred Annuity offer tax-deferred savings, which means tax is not paid on the interest earned until funds are withdrawn.
UTUIA also offers a Roth IRA which provides for the tax-free accumulation of funds once certain requirements are met.
UTUIA is currently crediting 6% interest on each of these products.
Start saving for your future today. Contact your UTUIA representative or call the UTUIA Marketing and Sales Department today toll-free at (800) 558-8842, Ext. 211., for more information on these outstanding tax- deferred and tax-free products.
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UTU NEWS ONLINE EDITION
AUGUST 1999
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