UTU NEWS
Volume 31 December 1999 Number 12 UTU NEWS
ONLINE EDITIONDecember 1999
----------- PROGRESS THROUGH UNITY -----------
A Service of the United Transportation Union
Public Relations DepartmentCharles L. Little
International President---
Paul C. Thompson
International General Secretary & Treasurer---
Editorial Offices:
UTU NEWS
14600 Detroit Ave.
Cleveland, OH 44107-4250
BEST WISHES FOR A HAPPY HOLIDAY SEASON
On behalf of the officers and employees of the United Transportation Union, we wish you and your family the most joyous of holiday seasons.
-- Charles L. Little, UTU International President -- Byron A. Boyd, Jr., UTU Assistant President -- Paul C. Thompson, UTU General Secretary/Treasurer ------------------------------------------------------
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 why transportation workers increasingly turn to the UTU for representation ("L&DRR employees vote UTU, boot BLE"), have your word processing software or on-line editor search for the text ##J.
IN THIS EDITION --BLE guilty of "collaboration" with VIA Rail ......##A --Senate confirms NMB appointments ...............##B --Cramdown deal in limbo ...........................##C --Two members killed in rail accidents ...........##D --Amtrak employees ratify new contract .............##E --BNSF Availability Policy catches flak ..........##F --Renzenberger, Cimarron drivers choose UTU ........##G --Member saves passenger's life ..................##H --NJ Transit member wins lawsuit against police ....##I --L&DRR employees vote UTU, boot BLE .............##J --UTU wins crew-consist payments for engineers .....##K --Steel line officers meet .......................##L --National Negotiating Committee appointed .........##M
AROUND THE UTU --News from around the U.S. and Canada ...........##N
MEMBERSHIP PROFILE --Auxiliary recruiting legislative directors .......##O
STATE WATCH --News from UTU State Legislative Boards .........##P
BUS DEPT. / STREET BEAT --"The future is what we make of it" ...............##Q Editorial by Bernard J. McNelis Vice President and Director, UTU Bus Dept.
YARDMASTER REPORT --"Yardmasters win benefits" .....................##R Editorial by Don R. Carver Assistant to the President, Yardmasters' Dept.
EDITORIALS --Your Railroad Retirement .........................##S --Two strikes...Strike Three? ....................##T --"The Power of One" ...............................##U Editorial by Charles L. Little UTU International President --"Union headed in right direction" ..............##V Editorial by Paul C. Thompson UTU General Secretary and Treasurer --"Pigeons Come Home to Roost in D.C." .............##W Editorial by James M. Brunkenhoefer UTU National Legislative Director --Voices: Members share their opinions ...........##X
SENIOR NEWS --Retiree's age seen as asset for mayor ............##Y --P.J. Fontana dies ..............................##Z --Travel Club sponsors Swiss Rail Tour ........... ##AA --The Final Call ................................##BB
FELA UPDATE --Information for UTU bus workers .................##CC
NOTICES --Monthly apparel winner announced ..............##DD --UTUIA offers lasting holiday gifts ..............##EE
====================================================
IN THIS EDITION
--BLE guilty of "collaboration" with VIA Rail ......##A
OTTAWA and CLEVELAND -- On October 22, the Canadian government's Labour Board found the Brotherhood of Locomotive Engineers (BLE) guilty of lying to union members in a representation election and guilty of "improper collaboration" with VIA Rail to eliminate the craft of conductor on the national passenger rail carrier.
The unprecedented ruling by the Canadian Industrial Relations Board (CIRB) -- also known as the Labour Board -- is the first time in history that a labor union has been found guilty by a national government of lying to union workers and collaborating with a carrier to reduce union jobs and destroy a historical railroad craft.
The CIRB's decision is a major victory for the United Transportation Union (UTU), which represented the affected VIA Rail conductors and assistant conductors.
"The BLE made history by being the only union ever found guilty by the government of Canada with improperly collaborating with a railroad company in order to eliminate 300 union jobs," said UTU International President Charles L. Little. "Imagine what they will say and do when 22,000 jobs are at stake on the Union Pacific Railroad!"
Little said that the BLE now has "zero credibility" after being found guilty of "flat-out lying" to union workers in the VIA Rail representation election.
"The Canadian Labour Board convicted the BLE of collaborating with VIA Rail to get rid of conductors, and they found the BLE guilty of flat-out lying in a representation vote," Little said. "Whatever the BLE says has zero credibility, and now the rest of the labor world knows what lies at the core of today's BLE leadership."
The Labour Board also said the BLE's representation of its members was incompetent. The board said, "The BLE failed to uphold a reasonable standard of competence in representing its members and, in this regard, is accountable to them for its shortcomings."
The Labour Board ordered BLE to pay all legal costs, and ordered VIA Rail and the BLE to comply with a series of measures that will give conductors and assistant conductors their rights - and possibly jobs - back. VIA Rail and BLE have been ordered to reopen the Crew Consist Adjustment Agreement in regards to selection process, seniority provisions, and the application of the Special Agreement negotiated between UTU, VIA Rail and Canadian National.
BLE'S COLLABORATION "The UTU decided to file our action at the National Mediation Board because of the BLE's collaboration with VIA Rail to destroy the craft of conductor and create a new craft called Operating Engineer," said Assistant President Byron A. Boyd, Jr. "The Canadian decision shows that UTU has been 100% right about our decision to push forward with a vote on the Union Pacific."
UTU Canada Vice President W.G. Scarrow, who testified at the hearing, said, "It's unfortunate that it took a Labour Board decision to bring about the fair resolution of this significant issue. Had the BLE accepted the UTU's help in the first place, it could have avoided being found guilty of 'collaboration' with VIA Rail and the sell-out of the historical craft of conductor."
The Labour Board found that the "BLE's failure to adequately and fairly balance the interests of all its members in circumstances that touched upon the very core of their employment relationship constitutes, in the board's view, a failure to represent the membership's legitimate interests. This failing to assume its responsibilities with integrity and competence amounts to bad faith as prohibited by the Code. The union's behavior is tantamount to the absence of representation within the context of collective bargaining."
ELIMINATE CONDUCTORS In 1997, VIA Rail sought to eliminate the crafts of locomotive engineer and conductor and to create a new classification called "operating engineer," whose duties were to include the present duties of locomotive engineers and the greater part of the conductor's duties. The board ordered a representation vote in September for one union to represent the new "operating engineer" craft, and the BLE narrowly won the election. The BLE signed a "secret agreement" with VIA Rail on May 12, 1997, that discriminated against conductors and only came to light as a result of a board hearing in April 1998.
According to the former UTU conductors and assistant conductors who filed the complaint with the board, the BLE acted in bad faith, lied in its campaign, and discriminated against them in matters of seniority, training, flow back, and other areas in its "collaboration" with VIA Rail.
Here are some highlights of the board's decision:
-- "What these proceedings have brought to light is the BLE's recklessness in telling conductors and assistant conductors that they would be able to return to similar positions on CN without assuring beforehand that these rights were indeed available."
-- "On all accounts, (BLE's) campaign representations appear to have been based on unverified facts and assumptions, for example, that conductors and assistant conductors would obtain the similar benefits and conditions as the locomotive engineers, that they would have equal access to training and that the Special Agreement would apply."
-- "The complainants have been successful in establishing that the BLE was not vigilant in protecting the job seniority interests of an important part of the bargaining unit. It relied on the majority vote to justify its action, without addressing the hard-core issues that affect almost half of the bargaining unit. The benefits obtained on behalf of the conductors and assistant conductors, which are, for the most part, directed at terminating their employment, pale in comparison to the generous benefits obtained for the locomotive engineers."
"IT DOES NOT MAKE SENSE" -- "Somehow, it does not make labour relations or business sense for BLE to have embarked on such a venture without a blueprint for change, a communications strategy, a support plan for displaced employees and financial objectives."
-- "This outcome points to an improper collaboration between the employer (VIA Rail) and the respondent union (BLE) to achieve a desired outcome for both parties at the expense of the rights of the minority and the most affected group of employees. The board considers such collaboration as unbecoming and contrary to section 94(1) and the spirit of the Code, which prohibits such practices."
--Senate confirms NMB appointments ...............##B
On its last day of business before the holiday recess, the U.S. Senate confirmed all three appointments to the National Mediation Board.
On November 19, Magdelena Jacobsen, Ernest W. DuBester, and Francis Duggan were named to the board.
As this issue of the UTU News goes to press, there is no other news to report. For the latest developments, access the UTU website at http://www.utu.org.
--Cramdown deal in limbo ...........................##C
WASHINGTON -- In a matter of hours -- some even say minutes -- a historic deal to end cramdown in railroad mergers collapsed in labor's face.
Edward R. Hamberger, president of the Association of American Railroads, and Richard Trumka, secretary- treasurer of the AFL-CIO, cemented a deal on November 10 in which the railroads agreed to a moratorium on efforts to repeal labor agreements after a merger, known as "cramdown," and the unions agreed to support STB reauthorization.
"Cramdown" refers to past practices at the Surface Transportation Board (STB) which allow merging railroads to override or modify collectively bargained agreements between themselves and their employees to complete the merger.
The deal is in limbo because Hamberger and Trumka believe they agreed to different things, according to carrier and labor sources.
The quick about-face by the AAR's Ed Hamberger drew the wrath of labor, and further soured labor relations following on the heals of the BNSF Availability Policy.
The UTU had worked with Senator Michael Crapo (R- Idaho) to introduce an "anti-cramdown" bill that was gaining momentum. The bill worried railroads because they feared cramdown being made illegal by Congress.
DEAL INCLUDED MORATORIUM The cramdown deal agreed to by AAR and rail labor included a moratorium until the end of 2002 under which no Section 4 notices could be filed. In return, rail labor agreed to support "clean" Surface Transportation Board (STB) reauthorization legislation.
However, labor now says all bets are off jeopardizing "clean" reauthorization of the Surface Transportation Board. The railroads want the regulatory agency authorized without shipper-sponsored amendments that could reduce carriers' market power. For the unions, the cramdown issue has become a priority exceeded only by wages and benefits.
Now, the unions may be reaching out to the shippers in a maneuver to help end cramdown together because the carriers reneged on their promise.
Although the STB ostensibly does not have labor- management authority, the agency can authorize carriers to abrogate negotiated agreements in order to achieve the benefits of a merger that it has approved.
In a news release issued following the agreement, the Transportation Trades Department of the AFL-CIO said: "The deal includes a moratorium...that expires at adjournment sine die of the 107th Congress, which runs through the end of 2002."
An AAR release referred to a "framework" for ending cramdown, but made no reference to the agreement's beginning or how long the moratorium would last.
The railroads say Hamberger believed the deal called for a six-week moratorium. During that time, the two sides would agree on new rules to end cramdown, and labor unions would help railroads lobby Congress to pass a clean STB reauthorization bill, one without any of the provisions sought by captive rail shippers. Only then would railroads continue the moratorium.
Trumka and other labor leaders believed the railroads had agreed to honor a 36-month moratorium on cramdown while the two sides worked to craft legislative language permanently ending it.
Unions launched a drive to obtain signatures on legislation introduced by Sen. Crapo and the UTU to ban cramdown before the agreement was reached.
There was some speculation that Hamberger may have gone beyond what his members were prepared to grant, and that the carriers set him up as a "straw dog."
AAR has said the rails "continue to support the framework agreement" and will continue the cramdown moratorium "through the end of the year so that negotiators have time to finalize the details that still remain to set the new process in place."
The Senate, meanwhile, approved by a 96-to-3 vote the re-appointment of Linda Morgan as chairperson of the STB on the first day after the agreement was reached. The carrier/union agreement had cleared a labor blockade to prevent her confirmation.
MORGAN THANKS UTU After her reappointment, the first person Morgan called to thank for helping her win reappointment was UTU International President Charles L. Little.
"Linda Morgan's reappointment is a win-win situation for rail labor and the American people," said Little. "UTU is proud to be the only rail transportation union to stand behind Linda Morgan from beginning to end."
Little said that Morgan earned her reappointment because she helped rail labor get fairer deals working under stringent conditions in the last couple of railroad mergers.
"Linda Morgan has given her word and she has lived up to her word," said Little. "She is a fair and honest friend to labor. And she is against cramdown and helped us reach our goal of ending it."
Little pointed out that all other rail unions, including the Brotherhood of Locomotive Engineers, opposed Morgan.
"UTU is always a leader, even if it makes us unpopular with some rail labor unions," Little said. "Sometimes when you're a leader you find that you stand alone. That's okay when what you are doing proves to be right. It's okay to be a loner, but it's never okay to be a loser. UTU and all of rail labor are winners with Linda Morgan."
--Two members killed in rail accidents ...........##D
Investigators are seeking the causes of two fatal train accidents that killed three people in Nebraska and Iowa.
UTU member Paul Schmidt, a 23-year-old Union Pacific (UP) conductor and member of UTU Local 329 in Boone, Iowa, was killed Nov. 17 when he jumped from a moving freight train before it struck an unoccupied grain train near Alton, Iowa. The engineer, who did not jump, was slightly injured. The collision also took the life of a van driver who was parked nearby waiting to shuttle rail-crew members.
UP brakeman Richard C. Heidvogel, 57, of Plattsmouth, Neb., a member of Local 367 at Omaha, Neb., died Nov. 17 when he was struck by a freight car in a moving train. He had worked for the railroad for 35 years.
The fatalities brought to nine the number of UP employees killed in accidents this year.
The crash near Alton was the second accident involving a UP train in Iowa last month. A train collided with a tractor on Nov. 7 near Buckeye. The train's engineer was killed, and the conductor and the operator of the tractor were injured.
The UTU Transportation Safety Team has been dispatched to the accidents.
--Amtrak employees ratify new contract .............##E
CLEVELAND -- UTU members working as conductors and assistant conductors on Amtrak have overwhelmingly approved a contract retroactive to December 1995 that addresses work rules, rates of pay and working conditions through the remainder of this year.
"Essentially, this is the same package that was effective May 8, 1996, for workers under national handling, with a few differences specific to Amtrak operations," said General Chairperson A.L. Suozzo, who heads UTU General Committee of Adjustment GO-769.
"The centerpiece of the agreement is the crew-consist issue, which dominates the agreement," Suozzo said. "Those matters consumed an enormous part of our time, and that's why it took as long as it did to reach this agreement. In fact, the moratorium period expires Monday (November 1, 1999), and it's time again to serve Section 6 notices on Amtrak."
The agreement calls for four wage increases totaling about 9.75% (plus a 56-cents-per-hour cost of living allowance), a lump-sum payment (3% of 1995 earnings), a $400 signing bonus, and a possible second lump-sum payment.
Crew-consist provisions in the agreement include a "savings-sharing formula" that produce special payments to conductors and assistant conductors under specific circumstances.
In addition, the pact calls for merging of Northeast Corridor workers' seniority rosters with off-corridor workers' rosters, so that off-corridor employees will begin accumulating seniority in on-corridor service, and on-corridor employees will begin accumulating seniority in off-corridor service.
Under the agreement, workers will also be allowed to take a week of vacation in single days without any change in the work days needed in the preceding calendar year to qualify for a vacation.
Also addressed by the contract are work rules and provisions related to discipline and appeals.
"Obviously, this was a long and difficult negotiation, and I'm pleased that the contract was ratified overwhelmingly," said Suozzo. "I want to thank (UTU International President) Charlie Little, (UTU Assistant president) Byron Boyd and (UTU International Vice President) Pete Patsouras for their help in bringing about this contract."
"I'm very pleased about the outcome of the vote, as well as the level of participation," said UTU International Vice President Pete Patsouras. "More than 75% of those eligible to vote did so."
--BNSF Availability Policy catches flak ..........##F
WASHINGTON, D.C. -- Burlington Northern Santa Fe Railroad (BNSF) has the right to implement its onerous Availability Policy.
The question everyone is asking: Are they dumb enough to do it?
On November 1, a federal arbitrator ruled that BNSF could impose its Availability Policy on operating employees immediately. But the railroad has agreed with its unions not to do anything until at least after the New Year.
Meetings between UTU leadership and BNSF management are being held to try to convince the railroad to agree to an alternative and to never implement the highly resented policy.
In fact, many are saying this is the biggest labor relations snafu in the last 10 years, and it has severely damaged the atmosphere going into national contract talks.
Although the federal arbitrator, Richard R. Kasher, ruled in BNSF's favor at the Public Law Board, he chastised the railroad.
"Implementation of the Availability Policy may, unfortunately, have a long-term negative impact upon the parties' (unions and carrier) relationship," Kasher said.
When the Public Law Board issued its decision, UTU International President Charles L. Little said, "The BNSF has lost a lot more than it won. Unless it decides to do the right thing and pull back this Availability Policy as a gesture of good faith, relations between labor and management will remain poisoned for some time."
Complicating the situation is the fact that BNSF is the only railroad that has broken its agreement to abide by the Work/Rest Principles/Guidelines negotiated by the National Wage and Rules Panel last spring. The result is that any agreement made during national negotiations now carries the taint of BNSF's reneging on work/rest guidelines.
While strongly criticizing BNSF, Kasher said, however, that the Work/Rest Guidelines "did not vitiate BNSF's management prerogative to unilaterally regulate attendance through the issuance of the 1999 Availability Policy." Therefore, although BNSF agreed to abide by the Work/Rest Guidelines, it was legally free to break its word.
Little was a main witness to stop BNSF from implementing the Availability Policy. Kasher wrote in his decision that Little made a strong argument for holding BNSF to its agreement to abide by the work/rest guidelines negotiated at the Wage and Rules Panel.
"Insofar as the 'intent' of the Work/Rest Guidelines/Principles are concerned," Kasher wrote, "the testimony of UTU President Little was persuasive. This Board found his testimony regarding how the UTU viewed the principles and purposes of the Work/Rest Guidelines to be compelling."
Kasher said the board decided not to make a ruling nor issue a finding "regarding the reasonableness" of the BNSF Availability Policy. However, Kasher wrote, "certain provisions of the Policy have the flavor of unreasonableness."
Kasher criticized BNSF for doing little to work with its labor unions. "It is also clear that the BNSF expended minimal effort to work with responsible organization representatives to fashion an arrangement which would satisfy both of these critical needs," he wrote.
--Renzenberger, Cimarron drivers choose UTU ........##G
Two representation elections held last month will bring about 350 transportation employees into the UTU.
On November 5, ballots from about 100 full- and part- time drivers from Renzenberger, Inc., were tabulated by the NLRB, the majority of which were cast in the UTU's favor.
Five days later, the NLRB counted ballots from approximately 250 drivers employed by Cimarron and the majority favored UTU.
That's about 800 employees from the two companies that have selected the UTU in 1999. The drivers of both companies transport rail crews in and around rail yards and from location to location.
Organizers whose efforts were instrumental in the victory included Brenda Moore, David Lyall, Bill Koehn and Tom Bisignani.
--Member saves passenger's life ..................##H
CHICAGO -- A Chicago rail commuter is thankful that a UTU member with emergency response training, good judgment and an unflappable disposition happened to be the conductor on duty one afternoon last October.
A BNSF Suburban train was departing Chicago's Union Station October 28 when conductor Mary Jones of UTU Local 171 in Aurora, Ill., was informed that one of the passengers needed medical attention.
When Jones reached the passenger, she noticed her face was purple and she was struggling for air. A former licensed respiratory therapist prior to beginning her railroad career, Jones assessed the situation and immediately performed the Heimlich Maneuver, dislodging a breath mint that had become stuck in the passenger's throat.
"Mary's quick actions saved a life, thanks to her own good judgment and a lot of training," said Les Onak, a trainmaster at BNSF's Suburban Operations. "All of our conductors and engineers receive certification in CPR and the Heimlich Maneuver for both adults and infants."
--NJ Transit member wins lawsuit against police ....##I
JERSEY CITY, N.J. -- Just ask Local 800 member George Kreitz: You can fight city hall, with the help of UTU designated legal counsel.
Kreitz was operating a New Jersey Transit passenger train last year in Montvale, N.J., when, traveling about 55 mph, he struck an automobile at a grade crossing, killing the woman driver.
Montvale police arrived quickly on the scene and questioned Kreitz. Seeing discarded beer cans in the adjacent passenger car, they decided to take him to the police station for a urine test.
Once there, Kreitz and others showed the officers copies of federal regulations which prohibit such tests being conducted on railroad workers involved in a highway-railroad grade crossing accident unless there is probable cause to suspect the employee is impaired by alcohol or drugs.
After the urine test the police spirited Kreitz out of the back door of the police station, to avoid New Jersey Transit supervisors and transit police who were waiting for him in the front, to take him to a nearby hospital for further testing of his blood for the presence of drugs and/or alcohol. All tests came up negative.
Kreitz cooperated fully during the ordeal. "He was clean as a whistle and he knew it," said New Jersey State Legislative Director Daniel J. O'Connell. "This was an unfortunate accident in which Mr. Kreitz had no culpability."
Designated Legal Counsel Larry Mann was contacted by O'Connell regarding the matter. Mann told O'Connell that the actions of the Montvale police were illegal and that Kreitz was entitled to bring a lawsuit for damages against the police.
With the UTU's assistance, Mann took the case and a settlement was reached recently between the parties.
"This case is particularly egregious," Mann said. "Had the police officer not been shown the regulations, he could have said, 'I didn't know that.' He was also told by the official from the railroad that he shouldn't be doing that."
Local police "simply do not understand the law on this issue, and once we apprise them, they wake up. It's a matter of education," Mann said. "The mere presence of beer cans does not constitute probable cause," Mann said. "There must be clear indications, such as slurred speech, red eyes or other factors."
As a token of his appreciation, Kreitz donated $365 to the union's Transportation Political Education League. "As a UTU engineer he realizes how important it is for our union to be politically active," O'Connell said.
The settlement sends a strong message to the municipalities in New Jersey and elsewhere on the correct manner in which these incidents should be handled, O'Connell noted.
--L&DRR employees vote UTU, boot BLE .............##J
WASHINGTON, D.C. -- After seven years of waiting for the BLE to do anything for them, the operating employees of the Louisiana & Delta Railroad (L&DRR) turned to the UTU for representation.
Following a vote, the UTU was unanimously selected as the new collective bargaining agent by the operating railroad employees of the L&DRR.
The Brotherhood of Locomotive Engineers (BLE) had been voted representative of the train and engine service employees on the L&DRR, but for seven years nothing was done to secure a contract with the carrier.
The workers were dissatisfied with the BLE and requested that the National Mediation Board (NMB) hold a representation election, similar to the one that is expected to be held in the future on the Union Pacific Railroad, between the UTU and BLE.
Of 16 voters on the L&D eligible to vote, 15 cast votes for the UTU. The BLE did not receive one vote.
The L&D operates about 100 miles of track between Lafayette and Thibodaux, La., according to Local 1836 Vice Local Chairperson, Delegate and Legislative Representative Larry Barrilleaux, who assisted in the organizing effort.
The L&D workers approached the UTU after seven frustrating years waiting for the BLE. "The BLE had won a representation election in 1992 but had never gotten the employees an agreement," Barrilleaux said. "They (the employees) finally said enough is enough.
"We explained to them that we (the UTU) don't go anywhere we aren't invited," Barrilleaux said. But the members told him, "We aren't getting what we feel we need from the BLE."
"We gave them 'A' cards and 14 of 16 came back," Barrilleaux said. "They said they felt they could get better representation from the UTU. They were impressed with the UTU website and saw some things they liked, and they realized it was a union on the move," he said.
Barrilleaux said the members were treated to a visit from Membership I, that representatives from the UTUIA met with them, that UTU designated legal counsel met with them, and that Louisiana State Legislative Director Tyrone Boudreaux attended a meeting. "They knew what they were going to get from us: equal representation and a chance to help themselves," Barrilleaux said.
When the BLE heard about UTU's inroads "some hot-shot BLE organizer from Cleveland called and said they were going to send a representative down, but our guy said, 'Don't bother. You've had seven years.' The BLE didn't even have telephone numbers or addresses on any of these guys except one," Barrilleaux said.
"I wouldn't treat my dog like we get treated from the L&D," said L&D employee Francis Poirier. "The wages and working conditions are terrible. I have more respect for animals than they have for us."
Said Poirier, "From everybody over here, you all are a godsend to us. I've been railroading for 20 years, and I don't know everything about it, but I know the difference between right and wrong, and we've been treated unjustly wrong.
"I speak for everybody when I say thanks" to the UTU. "We'd be where we are now and it would be the same for the next ten years" without the UTU, Poirier said.
Said UTU International President Charles L. Little: "The unanimous vote for the UTU and the complete shutout of the BLE speaks for itself. We are honored that the train and engine service employees of the L&DRR have chosen the rail-transportation union of the 21st Century to represent them. We look forward to the day when we will represent all train and engine service employees."
Director of Strategic Planning John Nadalin commended Barrilleaux and Local Chairperson Mark Allbright, Boudreaux and Field Supervisor Larry Chappel for their hard work in this election.
--UTU wins crew-consist payments for engineers .....##K
CLEVELAND -- The New Orleans Public Belt Railroad (NOPB) is required to continue paying a $15 basic day differential to all engineers, an arbitration board ruled.
The United Transportation Union (UTU) took the NOPB to arbitration because the railroad planned to stop paying some engine service employees the $15 differential the union felt they were entitled to receive. NOPB intended to cease payment of the $15 per basic day differential to certain locomotive engineers who the carrier said were receiving it as a result of payroll error and did not have an engineer's date prior to August 24, 1990.
But Arbitration Board 574 ruled on November 13 that the NOPB had to continue paying all engineers regardless of the date. The Board said, "NOPB is required to pay the $15 differential to engine service employees who do not have an engineer's date prior to August 24, 1990, the effective date of the NOPB-UTU Crew Consist Agreement, albeit such employees might otherwise be identified as non-protected employees under said Agreement."
"This is what happens when the UTU represents all operating crafts on a carrier," said UTU International President Charles L. Little. "We fight for the rights of the locomotive engineers we represent and get real results measured in real dollars."
Vice President Pete L. Patsouras, General Chairperson W.R. Kerry, Jr., and Past General Chairperson John M. Riolo represented the UTU and the engineers. UTU represents all operating crafts on the NOPB.
--Steel line officers meet .......................##L
CLEVELAND -- The first meeting of the UTU's Steel Conference General Chairpersons' Association, formed to establish and maintain closer relations between general committees on steel railroads, was held recently in Cleveland, Ohio.
According to Union Railroad General Chairperson J.J. Tierney of Local 1628, Pittsburgh, the association creates a greater opportunity for committees on steel railroads such as Bethlehem, LTV and Transtar to confer and cooperate on matters of mutual interest and concern, such as wages, working conditions and related matters. "We have had enough of divide and conquer," Tierney said. "Now, its progress through unity."
A photograph in the traditional print edition of this month's issue of the UTU NEWS depicts those who attended the first association meeting, including D.A. Till (Conemaugh & Blacklick Railroad); A.F. Kocielko (Elgin Joliet & Eastern); J.R. Lauren (Cuyahoga Valley Railroad); R.E. Trimm (South Buffalo Railway); D.W. Powell (South Buffalo Railway); association secretary/treasurer K.A. Larson (Duluth Missabe & Iron Range/Iron Range Div.); association alternate secretary/treasurer C.P. Larson (Duluth Missabe & Iron Range/Missabe Div.); M.W. Bailey (Chicago Short Line); G.K. Harden (Birmingham Southern); association vice chairperson T.J. Smith (Lake Terminal Railroad); J.R. Leasure (Bessemer & Lake Erie); Tierney; R.A. Camp (Bessemer & Lake Erie); R.C. Bryant (River Terminal); N.H. Hare (Cuyahoga Valley Railway); L.T. Moore (Cuyahoga Valley Railway); R.G. Sieber (Patapsco & Back Rivers Railroad); and C.A. Mayberry (Elgin Joliet & Eastern). Missing from the photo was J.W. Zemantauski (Union Railroad).
--National Negotiating Committee appointed .........##M
UTU President Charles L. Little has appointed the UTU's National Negotiating Committee.
Members of the committee include: Assistant President Byron A. Boyd, Jr., chairperson; Vice Presidents Daniel E. Johnson, Carl M. Vahldick and David L. Hakey; Assistant to the President-Yardmasters Donald R. Carver and Alternate Assistant to the President-Yardmasters Jerry D. Martin, and General Chairpersons A. Martin, J.T. Reed and D.G. Strunk, Jr.
"The date for the initial conference with the National Carriers' Conference Committee to discuss the parties' respective Section 6 Notices is November 30, 1999, and we will continue to keep all concerned advised of developments as they occur," Little said.
AROUND THE UTU --News from around the U.S. and Canada ...........##N
LOCAL 4, CHARNY, P.Q. Because Local 668 in Mont-Joli, P.Q., has been closed and its members transferred to Local 4, the annual election of local officers has been rescheduled for January, according to Secretary and Treasurer Louis- Francois Garceau, who notes there will be a meeting where members can declare their candidacy or press their campaigns on December 20, 1999.
LOCAL 77, NEW YORK, N.Y. The Seventh Annual Retired Trainmen's Reunion will be held January 17-22, 2000, at the Travelodge in Kissimmee, Fla., according to Local Secretary Paul Holland. Organizers have negotiated a special room rate good for two days before and two days after the reunion. Reservations should be made by December 12, 1999. Call the hotel at 1-800-327-1128 and refer to the "Retired Railroad Workers Group." For information about this growing gathering, contact Bill Dlhosh at (352) 873-6305 or Bob Christie at (914) 227-6002. Information about the hotel is available at <http://www.orlando.com/travelodge>.
LOCAL 105, LAS VEGAS, NEV. Acting Chairperson Jim McNealy and his committee, with the assistance of Alternate Vice President Percy Palmer, are continuing difficult contract negotiations with Coach USA. Issues still to be resolved include discipline, arbitration costs, wages, and benefits.
LOCAL 305, LINCOLN, NEB. Members recently concluded a two-day mini-seminar focusing on local issues, insurance and healthcare matters. Meanwhile, a fund has been set up to help Leon W. Krusemark and his family, who recently lost their home and possessions to fire, said Secretary and Treasurer Bryan D. Dance. For information, contact Dance at (402) 486-1409.
LOCAL 349, KANSAS CITY, MO. The Kansas City Locals' Association, comprising officers and committee members from UTU locals in the area, have been gathering to exchange ideas, promote education and work together on issues of mutual concern, according to Local Chairperson and Legislative Representative Al Nowlin. The association, which meets quarterly, is chaired by Nowlin, while Local 1403 (Kansas City, Mo.) President and Legislative Representative Andy Kinne serves as presiding officer.
LOCAL 469, MADISON, ILL. Plans call for the annual Christmas party to be held December 8 at the Croatian Hall in Madison, Ill., according to Local Secretary and Treasurer John I. Payer, who noted there will be drawings for dozens of prizes. Food and beverages will be provided by The Midwest Railroaders and Designated Legal Counsel Lance Callis, sponsors of the event.
LOCAL 472, WINDSOR, ONT. Local Chairperson Bill Boucas recently informed members that fellow Essex Terminal Railway employee Tim Booth is suffering from a terminal illness and his sickness benefits soon may be running out, said Legislative Representative Laura Reaume. Members have started a fund for Brother Booth, and donations can be mailed in care of Reaume at P.O. Box 77, Belle River, ON N0R 1A0.
LOCAL 645, BABYLON, N.Y. More than 460 of Local President and Chairperson Joe Rutigliano's friends and relatives attended a recent dinner marking his retirement after 27 years as a conductor and 18 years as a union officer. Presentations were made by MTA Chairman E. Virgil Conway, Long Island Rail Road President Tom Prendergast and others, including UTU's New York State Legislative Director Sam Nasca, who made presentations on behalf of UTU International President Charles L. Little.
LOCAL 1405, ST. LOUIS, MO. Members are mourning the death of Legislative Representative Robert L. Hogg, who succumbed to cancer on October 27. A TPEL Dollar-A-Day member, Hogg was known for getting the younger generation involved with the union, said Missouri State Legislative Director Larry Foster. Succeeding Hogg as legislative representative is Alan R. Harbers.
LOCAL 1582, ALBANY, N.Y. A party was held early last month for retired drivers of Adirondack Transit Lines, said Local President Wes Wohl, who along with Secretary and Treasurer Russ Gaillard and Field Supervisor Jim Cribbs, helped organize the event. Also, a safety dinner was held for members of the local, where the company recognized John Kohland, Mike Mahar, Ed Nagy and Wohl as million-mile drivers.
LOCAL 1778, N. VANCOUVER, B.C. Members assembled November 10 at the North Vancouver passenger depot to meet longtime member and former Legislative Representative and Delegate Ray R. Davis when he returned from his last run prior to retirement. A reception for Davis followed. Meanwhile, the local's official newsletter (Meeting Point), co-published by members of Local 1923 (Prince George, B.C.), recently marked its 20th issue with a special commemorative edition that can be viewed on the locals' website at <http://www.ultranet.ca/utu>.
LOCAL 1886, HOUSTON, TEX. Resolution of local issues remains elusive as talks with the Port Terminal Railroad continue, according to Local Chairperson Carl T. Farnie, who also serves as GO- 803 general chairperson. International Vice President Kim Thompson recently became involved to help with issues involving the extra board.
LOCAL 1908, BUFFALO, N.Y. Members working for Laidlaw as National School Bus drivers last month ratified a new three-year pact by a 3-to-1 margin after rejecting two earlier contract proposals, according to International Vice President Bernie McNelis. Besides improved working conditions and an increase in the uniform allowance, the new contract will bring wage increases totaling more than 10%, and Laidlaw for the first time will contribute to members' 401(k) plans and their health plans. McNelis thanked General Chairperson Carolyn Scarsella, Vice Chairperson Dorothy Bryant, and Judith Wall, secretary to the local committee of adjustment, for their hard work and dedication to success.
UTUIA UNIT 10, FLORIDA Recently, members of the unit generously donated more than $2,000 to the UTU Hurricane Victim Fund during a family weekend and golf outing at Hickory Knob State Park in McCormick, S.C., according to Unit 10 president Clay Parker. The gathering, sponsored by Designated Legal Counsel Burge & Wettermark, also served as an opportunity to honor International Vice President Al Smith, who will retire at the end of the year, according to Unit 10 Secretary and Treasurer Tom Pope. Parker and Pope offered their sincere thanks to all who made the occasion a memorable and successful event.
MEMBERSHIP PROFILE --Auxiliary recruiting legislative directors .......##O
Dorothy Arrington is looking for a few good women -- or men -- and she promises "it'll be exciting and rewarding for those who take on the challenge."
Serving her second term as UTU Auxiliary National Legislative Director, Arrington and Auxiliary President Edythe M. Walter have their sights set on the Year 2000 elections and are determined to get UTU families registered and voting.
"We need our legislative people to get out and work for the next presidential election," said Walter. "If we don't, we'll end up with a Republican in the White House."
Arrington's challenge is to coordinate the efforts of the Auxiliary's various state legislative directors, and to do so in harmony with the activities carried out by the UTU's state legislative directors.
"We're seeking members who will assume the duties of state director," Arrington said. "All it takes is 2-4 days a month, and maybe 2-3 hours in those days, to get the job done."
Arrington's name probably sounds familiar because her husband, the recently retired Sam J. Arrington, served as UTU's Texas state legislative director. Between them, they share a wealth of political savvy.
Mrs. Arrington has been secretary and treasurer of UTU Auxiliary Lodge 851 in Mineola, Tex., for 15 years, and she knows what the 10,000 members of the Auxiliary can accomplish.
"We'll do what we did four years ago," Arrington said. "Our state directors will get the word out on the candidates we recommend. At the lodge level, we'll see if anyone needs help registering or a ride to the polls."
Auxiliary members interested in serving as state director are encouraged to contact Arrington by calling (903) 569-3677, or by contacting the Auxiliary's headquarters at (614) 459-4443.
STATE WATCH --News from UTU State Legislative Boards .........##P
Governor Gray Davis signed into law in October State Bill AB 15, a measure that mandates the installation of safety restraints on California school buses.
The new law requires that all school buses manufactured on or after January 1, 2002, that are sold in the state of California, be equipped with a passenger restraint system.
MARYLAND State Legislative Director Larry Kasecamp was recently elevated to the position of vice president of the Executive Board of the Maryland State and Washington, D.C., AFL-CIO.
Kasecamp represented the board at the state's AFL-CIO convention in Washington, D.C., from November 15-17, 1999, where organized labor's legislative agenda for the upcoming 2000 legislative session was outlined.
Congratulations Brother Kasecamp, and thank you for your dedicated work on behalf of all working men and women in Maryland and the District of Columbia.
NEW JERSEY The Board of Executives of New Jersey Transit has approved a policy granting one month of vacation to 50 New Jersey Transit executives, regardless of how long they have worked at the agency.
Unionized employees must accrue 11 years of service to the agency to achieve the same amount of vacation time.
The agency said the new policy is necessary to retain senior-level managers.
IOWA Five members of the Iowa Legislative Board were among the 25 participants who attended the Railway Workers' Hazardous Materials Training Program at the George Meany Center for Labor Studies in Silver Spring, Md., this past October, reports Legislative Director Pat Hendricks.
Bill Backoff (17), Steve Miller (228), John Waltzing (329) and Jim Sandman (418) were joined by Hendricks for four days of classroom study at the center, which included a simulated toxic chemical spill, clean up, and decontamination exercises in full hazmat responder gear.
All particpants received training certificates from the International Chemical Workers' Union Council.
"I am extremely proud of the voluntary effort put forth by each of these men," said Hendricks. "I am certain that the knowledge they gained by attending this class will enable each of them to react more professionally to a hazardous materials situation in their work life."
A photograph in the traditional print edition of this month's issue of the UTU NEWS depicts UTU Local 17 Legislative Representative Bill Backoff helping clean up after participating in a decontamination exercise during the Railway Workers' Hazardous Materials Training Program at the George Meany Center for Labor Studies in Washington, D.C.
TEXAS Sam Arrington retired November 1, 1999, after many years of service as a member of the UTU's Texas Legislative Board, the last four of which were spent as the board's director.
In his resignation letter to International President Charles L. Little, Arrington wrote: "It has been my privilege to serve as a union officer for 35 of the 41 years I have worked for the railroad. I look forward to a continued association with you and the many other good friends I have made in the UTU, but with the advantage of being able to brag about the joys of retirement."
As of November 1, former Assistant Legislative Director Connie English was elevated to the director's position. English is the legislative representative for UTU Local 489 at San Antonio, Tex. He has been a UTU member since 1972 and is employed by the Union Pacific Railroad.
VIRGINIA Legislative Director Richard Jeskey reports that, although a campaign by organized labor entitled "Get Out To Vote" netted a 2% increase in registered voters there, the Republican Party has gained control of both houses of the Virginia legislature for the first time in the 20th Century. "Two percent may not sound like much, but it added up to thousands of labor votes," said Jeskey. "However, in politics, the war never ends, and the true losers are
BUS DEPT. / STREET BEAT --"The future is what we make of it" ...............##Q Editorial by Bernard J. McNelis Vice President and Director, UTU Bus Dept.
Once again it is the Christmas season and from my family to you and yours we wish you a blessed, happy, healthy and safe Christmas and New Year.
Very shortly, it will be the new millennium. Many of us, I am sure, wonder what is going to happen, not only on January 1, 2000, but in the years ahead. How far will technology take us? What will happen to the labor market and unions in this new millennium?
From the beginning of this century until about World War I, many in the labor movement felt their hard work for unionism was not paying off. Some labor leaders were losing hope. In 1902, Professor Carroll Daugherty wrote, "Most of the powerful ones (employers), believing that unionism was growing too strong and fearing further encroachments on their control of industry, decided to break off relations, and the years 1902 to World War I were characterized by a definitely increasing anti- unionism."
We all know that unions did not fail. After that period of time they grew slowly and, by 1956, unions were reaching their peak. The 1980's were the start of a decline in union membership and most of us know why. Now, unions are fighting back once again. UTU International President Charles Little has taken a proactive stance within our organization on all fronts to ensure the future of our great organization. The AFL- CIO became proactive in organizing to strengthen union membership as a whole.
I believe in the ability and dedication of many of our general and local committees and officers within our Bus Department who fight the never-ending battle on behalf of their members and for unionism. I also believe in our members. I know that we do not always agree on issues, or how to resolve them, but we all should agree that we are better off because we are unionized.
We should not sit and wait to see what the new millennium will bring. The new millennium will be what we, as people and unionists, make it.
In unity there is strength.
YARDMASTER REPORT --"Yardmasters win benefits" .....................##R Editorial by Don R. Carver Assistant to the President, Yardmasters' Dept.
The year is drawing to a close but Yardmaster committees continue to win benefits for their membership.
General Chairperson James R. Cumby has negotiated, and the affected membership has ratified, benefit increases covering the portion of the former Conrail purchased by CSX Transportation in northern New York. A training agreement, vacation pay computation agreement and meal period agreement were ratified. The training agreement provides for payment of wages, travel expenses and a $35 meal allowance when away from home for training. Vacation pay computation provides for vacation pay entitlement to be computed on a 1/52d basis or a straight-time day, whichever is greater.
The meal period agreement has brought resolution to a ten-year ongoing dispute in the State of New York. The agreement provides for an uninterrupted 30-minute meal period or an additional 45-minute payment if not allowed.
The GTW yardmaster committee has a proposed agreement out for ratification that establishes guaranteed extra boards, establishes a new calling procedure and provides for a 9% increase in the basic daily rate of pay for additional duties. These benefits are in addition to the 3% general wage increase applicable January 1, 2000.
The Amtrak contract is still in mediation. The November 9, 1999, mediation session did not move the parties closer to accord.
Past Long Island Rail Road Yardmaster General Chairperson P. G. Tramontano has retired. He served the committee for more than 20 years. We wish Tony and his wife, Vera, a long and prosperous retirement.
Jerry, Cathy, Dianna and I wish each of you a Happy Holiday Season.
EDITORIALS
--Your Railroad Retirement .........................##S
UTU is pushing to lower your retirement age and keep Railroad Retirement strong for the future. However, two unions, which are making false promises, are cavalierly promoting a plan that would bankrupt your Railroad Retirement.
The BMWE/BLE 55/30 Retirement Plan, according to the Railroad Retirement Board, will bankrupt your retirement system unless a big tax increase comes out of your pocket. In addition, RRB says that only 10% of all railroad employees age 55 would benefit, and that the maximum monthly retirement benefit in 55/30 would be less than 50% of that in a 60/30 retirement.
Yet BMWE and BLE say that's okay with them. In fact, both said that they would give up all pay raises for the length of the contract just to get 55/30. Do you want to give up all pay raises for at least four years? In addition, they both say that it's okay for their members to pay more out of their pockets in retirement taxes. And, incredibly, they say it's okay to keep cheating railroad widows from their rightful 100% pension.
UTU is working to lower the retirement age to at least 60/30 without raising your taxes, and getting you the largest annual pay raises we can. We also are committed to fixing the widow's benefit. And our plan will keep Railroad Retirement solvent and out of bankruptcy.
We all dream of retiring early. But dreams have a way of dissolving with the morning sun. UTU and at least a dozen other rail unions believe 60/30 and fixing the widow's benefit will help us all sleep better at night.
--Two strikes...Strike Three? ....................##T
As we begin national contract talks, the carriers have two big credibility strikes against them. Let us remind them of their most recent sins:
-- BNSF broke its word to abide by the Work/Rest Principles and imposed its onerous Availability Policy on employees, then gloated when it won an arbitration case. The result of BNSF's hollow victory is that they have been universally vilified and pilloried for their betrayal of union workers by the government, workers and Wall Street for this very dumb business practice. In short, BNSF single-handedly has poisoned the well regarding national contract talks.
-- The American Association of Railroads broke its word on ending cramdown, seemingly minutes after it made a deal with organized labor. Bad move. Very bad move by the AAR and the carriers.
--"The Power of One" ...............................##U Editorial by Charles L. Little UTU International President
In a few days, we'll be leaving one century and beginning another. Crossing this threshold in history allows us the opportunity to begin something new and exciting.
As you probably noticed on the front page of the UTU News and in its centerfold, the UTU is kicking off its slogan for the first part of the 21st Century - "The Power of One."
UTU believes in the power of one person to change the world. We also believe in the power of one union representing all of the historical operating crafts equally and fairly, and in this union's ability to change our work world for the better.
Now is the time for it to happen.
Today, you stand on the threshold of writing a proud new history. By taking the future in your hands, your union will have more power to do more things for you. As we adapt to our changing world, we must act with a clear vision and commitment to making the change necessary to survive and prosper.
During the last four years, we have built the UTU into the premier transportation union in North America. Sometimes it's lonely being a leader in the labor world, but sometimes there is no other choice. In August, the delegates overwhelming endorsed our plan for the 21st Century, and our commitment to change the paralyzing system that has encumbered rail unions for more than 100 years.
UTU is committed to being the union with the power to change your life for the better.
We are totally committed to fully protecting historical craft autonomy under the UTU Constitution for engineers, conductors, and trainmen as the single bargaining representative for all operating employees. In the UTU of the 21st Century, there will be locomotive engineers, conductors, and trainmen working side-by-side on the job - and at the negotiating table.
The UTU Constitution maintains historical craft autonomy for engineers, conductors, and trainmen with respect to seniority and ratification of agreements that affect them, thus fully protecting their rights. The BLE Constitution only guarantees this right for engineers, and doesn't permit other crafts a vote.
In the 21st Century, these internal union protections of the UTU Constitution for all crafts, including engineers, will be enhancements to a rational and efficient bargaining process. These protections foster consensus among employees so the carriers can be faced down with a single strong voice.
We are totally committed to ending the two-tier pay system for post-'85 employees. The year 2000 finds a different world than we faced in the early 1980s, and now we will have the power to fix our pay system.
And we are working diligently to lower the retirement age to at least 60 with 30 years' experience, plus bring pension equity to railroad widows. We want to do all of that, but without you having to pay another cent in retirement taxes.
One Union with the Power to do all of that...is what we have been building for you. Stay tuned and put the power -- your power -- to work.
--"Union headed in right direction" ..............##V Editorial by Paul C. Thompson UTU General Secretary and Treasurer
Since assuming office on September 1, 1999, I have worked with this administration to initiate several plans to make both the UTU and UTUIA more membership friendly.
Our senior management has held several strategic meetings to review our current operations and explore ways to improve them. At these meetings with our consulting actuaries we discussed offering new UTUIA products to better serve you.
We also met with Huntington Bank representatives to discuss improvements in our current banking arrangements in order to maximize investment income. As you may know, Minnesota Mutual will now handle UTU members' life insurance benefits under the NRC/UTU plan for most of our members. We have met with their senior management to review claim-handling procedures.
We also have met with representatives of Ernst & Young to discuss and review our financial condition and reporting procedures. Finally, we are currently re- negotiating the terms of our UTU credit card affinity program, which is under contract until May 27, 2000.
Turning to our internal operations, we are currently reviewing procedures to make sure UTU and UTUIA claim- handling procedures are up to date.
In addition, Vice President Larry Davis and I are working on improvements in Railroad Retirement and health and welfare benefits. Brother Davis has been handling these matters the past several years and has done an outstanding job. Since Larry will be retiring January 1, I have been attending meetings in order to be in a position to assume these duties after January 1. I will certainly miss Larry and his contributions to this organization.
As 1999 and the 20th Century come to an end, I want you to know that our union is headed in the right direction, with all officers and staff working together toward one goal. UTU is financially sound, which allows us to do more for the membership, like improving education programs. President Little, Assistant President Boyd and myself will be working on improved educational benefits for our Regional Meetings.
We have recently mailed letters to all of our treasurers, encouraging them to try our new data software using Microsoft Access. This software was prepared by Matt Dolin and others on our UTU staff, and is an excellent tool that will go a long way in making their jobs easier. It will also reduce the time they currently spend on year-end reports. Treasurers interested in this new program should try and start using it effective January 1, 2000.
I want to thank all of our UTU members for their support and help in making the UTU the best in its field in the labor movement.
--"Pigeons Come Home to Roost in D.C." .............##W Editorial by James M. Brunkenhoefer UTU National Legislative Director
We had anticipated a rather slow wind-down to this session of Congress. Instead, we got an extremely intense final month.
During November, we had been working intensely on getting co-sponsors for H.R. 3091, a bill that would allow railroad operating employees, who have worked or been available for work for seven consecutive days, to choose up to 72 hours off, without interruption. This bill was born because of the harsh BNSF availability policy, and so far we have gotten almost 150 co- sponsors.
In another ongoing issue, rail labor wants to change the merger procedures known as "cramdown" now used at the Surface Transportation Board. Cramdown allows the carriers to change or cancel contracts at the time of a merger, and has been unfairly abused by the railroads.
UTU believes that the greatest response against cramdown is through legislation, and with the help of Idaho State Director Dale Wheeler, we worked with Sen. Michael Crapo (R-Idaho) to introduce legislation - S. 1590 - to correct the situation. We will continue to work to pass this bill.
While all of this was going on, rail labor, with the help of AFL-CIO Secretary/Treasurer Richard Trumka, attempted to reach a negotiated settlement on cramdown with the Association of American Railroads. But that agreement fell apart shortly after it was announced. This is a disappointment not only to UTU, but for all in rail labor. We will continue to press for the passage of S. 1590 to end cramdown in the Congress.
Others in rail labor felt that the best way to correct the "cramdown" situation was to personally attack STB Chairperson Linda Morgan. But getting Morgan removed would not have corrected the situation. Unfortunately, the continued personal attacks against this Clinton appointee caused many people to lose focus of the real issue.
UTU believed that this approach was a big mistake. Morgan's name was sent up for renomination in August, and some unions spent almost three months on their vendetta against her. In the closing days of this Congress, Morgan's nomination was finally approved by a vote of 96 to 3. But that didn't end the vicious attacks. One union went so far as to call Vice President Gore a liar over this issue, and also attacked Sen. Fritz Hollings, the ranking Democrat on the Commerce Committee. They did not destroy Linda Morgan, but they sure didn't make any new friends for their union.
During that same week, President Clinton sent to the Senate his nominees for the National Mediation Board - Maggie Jacobsen, Ernie DuBester and Frank Duggan. On the evening of November 19, 1999, all three were approved unanimously by the United States Senate.
I think this all says two things. It shows the effectiveness of your union, and the ineffectiveness of other approaches.
If rail labor is to be effective on Capitol Hill, it must decide whether to conduct itself in a responsible, professional manner that deals with the issues forcefully while respecting other people's views, or to use confrontational, childish methods that repeatedly fail.
I always try to learn from my mistakes and failures so that I will not repeat them. I would suggest that some of our brothers and sisters do likewise.
--Voices: Members share their opinions ...........##X
The UTU NEWS regularly contacts members at random to report their thoughts on a question of interest to the general membership.
This month's question: WHAT HAS YOUR WORK EXPERIENCE TAUGHT YOU ABOUT LIFE?
"I'm a Burlington Northern Santa Fe conductor, and I've spent 33 years working on the railroad. I think the biggest thing I've learned is to have more patience. When I was younger, I wanted everything done now, not later. But I've learned that a railroad doesn't always work that way. It's the same to have patience with people, and not to expect everyone to be perfect. Personally, I've been lucky and was slightly injured only once, but I've learned you can be hurt in the blink of an eye, so I tell new hires to work safely. I've also learned that time with my family is very important." -- STEVE W. LOUCKS, L-947, CHAFFEE. MO.
"I'm a field supervisor, with 30 years of seniority as a conductor on the Grand Trunk Railroad, and eight years of experience as a union officer. I've learned that even though carriers would like us to work until we drop, life is much more than our workplace, and we need to spend time with our families. I'm paid well, but I missed a lot of family experiences working for the railroad. My work in union offices has helped me develop a lot of people skills and leadership skills. But recent trends in the industry, especially the mergers that are uprooting people, have made me less patient." -- DAVID HIATT, L-734, BATTLE CREEK, MICH.
"I've been railroading for 29 years. I'm a conductor, and I work on a road switcher for Norfolk Southern. I think the job teaches you to be aware of your surroundings, and I think you carry that home with you. I'm more aware of the dangers that always surround me, but especially those involved at railroad crossings. I've been involved in two crossing accidents, one of which resulted in a fatality, but I've seen more near- misses than I can count. Due to mergers and two-man operations, you have to learn to be patient with new hires, to teach them while you're concentrating on doing your job." -- BEN DORWARD, L-498, ALLENTOWN, PA.
"I began working on the Santa Monica Municipal bus Lines in 1977 at age 37 as a bus operator, and now I'm a training instructor. I've found out it's easier to work with people than work for them. It's easier to work as a team. It's important to be patient, with people and traffic. This area's got the highest concentration of traffic in the country. A good driver doesn't necessarily make a good operator. You have to know how to deal with stress and with people. Tourists from around the world come here. Some don't speak English, so you have to be patient with them." -- GEORGE W. BANKS, L-1785, SANTA MONICA, CAL.
SENIOR NEWS
--Retiree's age seen as asset for mayor ............##Y
For someone deemed "too old" and devoid of "fresh ideas," retired member E.E. "Casey" Hayes, at age 71, seems to be doing fine.
Earlier this year, Hayes entered the mayoral race in Commerce City, Col. He spent relatively little money campaigning, and his candidacy was considered a long shot. The sitting mayor declined to seek re-election but endorsed the opposition, tagging Hayes with the "too- old" and "no-fresh-ideas" labels.
Apparently, the voters in his blue-collar suburb of 17,000 held a different opinion and saw fit to vote for Hayes, who jokes that he's since been "sworn in and sworn at!"
At the heart of his campaign was a message Hayes wants to share with retired UTU members: "Get involved in your community!"
Hayes's record of involvement explains his electoral victory. His experience includes 12 years on the city council from 1960 to 1972; a tour of duty as a state representative from 1972 to 1980; duties as a Regional Transit District member from 1983 to 1986, and another stint on the council from 1986 to 1991.
Hayes can also point to a history of involvement in union affairs. A member of Local 202 in Denver, Col., Hayes hired on with the Rio Grande Railroad in 1948, worked as a switchman, and served as president of Switchmen's Union of North America (SUNA) Local 147 for a number of years. Following unification, he served as secretary/treasurer for nearly 15 years with UTU Local 1648. A contract change allowed him to work with Amtrak for a while, and he retired about 11 years ago.
Also active in the Adams County Historical Society, Hayes believes older citizens have a crucial role to play in their communities.
"You are at that time in life where you think things through before making snap judgments," he said of seniors. "You have dealt with adversity and the tough issues of life. In so many instances, there is a need for that maturity in community decisions. There is a real need for our generation, with our values, to be represented in government."
--P.J. Fontana dies ..............................##Z
Retiree Program member Paul J. Fontana, a member of the "Committee of 40" that wrote the Unification Agreement that led to the creation of the UTU and then crafted the union's constitution, died of a heart attack at his home on October 23, 1999. Brother Fontana was 79 years old.
A member of UTU Local 427 in McComb, Miss., Fontana had retired in 1982 after 40 years of service as an engineer on the Gulf, Mobile & Ohio and the Illinois Central.
During World War II, he served in the Pacific with the 43rd Infantry Division, 172nd Infantry Regiment, Company H, and was awarded two Bronze Stars, a Silver Star for gallantry and a President Unit Citation.
Fontana was a member of the board of directors of the Brotherhood of Locomotive Firemen and Enginemen when he was chosen in 1967 as a member of the committee elected to form the UTU.
He is survived by his wife of 59 years (Augusta), two daughters, a son, a sister, 12 grandchildren and 11 great-grandchildren.
--Travel Club sponsors Swiss Rail Tour ........... ##AA
Members who love rail travel and harbor a taste for overseas adventure have an opportunity to experience both, thanks to the latest travel package being sponsored by the UTU Travelers Club.
The Switzerland Rail Tour, scheduled for April 3-11, 2000, includes everything a traveler looks for in an unforgettable vacation package, including a nearly unbeatable price.
The itinerary will take participants from Chicago, Ill., through Frankfurt, Germany, to Zurich, Lucerne, Vitznau, Zermatt, Interlaken, Lauterbrunnen, Montreaux, Brienz, the top of Mt. Rigi, through the 12-mile Lotschberg Tunnel, and to other memorable sightseeing attractions.
Travel will be accomplished via jet, boat, train and bus, as members will have the services of a deluxe motorcoach and professional, multilingual tour director. (This tour requires walking to and from trains and hotels in city centers.)
UTU members who sign up for this package will particularly appreciate the European rail experience. The Glacier Express will take travelers through some of the most breathtaking mountain scenery in Switzerland. A "rack" railway to Gornegrat, at an elevation of 10,272 feet, affords participants awe-inspiring views of the Matterhorn, as well as many other truly majestic peaks. At 11,333 feet above sea level, in the Eiger and Jungfrau mountains, travelers will visit the highest railway station on the continent, and a cogwheel train will take members and their guests all the way up to Kleine Scheidegg. Other trains on the itinerary include the Salon Bleu and the Crystal Panorama, to be ridden en route to Interlaken.
Other experiences include the viewing of a typical Swiss Folklore Show, visits to a historic castle, the beautiful Glacier Garden, a world-famous covered bridge and Jesuit church, a 30-mile tunnel scheduled for completion in 2004 that will connect northern and southern Europe, and some time to do a little shopping for wood carvings and other souvenirs.
This deluxe package includes roundtrip airfare between Chicago and Zurich on Lufthansa, accommodations at superior tourist hotels, breakfast each morning, supper every evening, luggage handling at hotels, tickets for all rail links and the boat excursion on Lake Lucerne, and more!
Priced at just $1,799 (double occupancy, plus $137 in taxes), this package may well represent the travel bargain of a lifetime.
For information, a complete itinerary and a reservation form, interested parties should act today by calling toll-free 1-888-280-7657, or write to Lynn Westphal Tours, 33015 Hollow Tree Oval, N. Ridgeville, OH 44039.
--The Final Call ................................##BB
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 R Linsely, Mrs. Richard Wyoming, MI 72 Reams, Mertin L. Battle Creek, MI 145 Johnson, Joseph C. Gahanna, OH 195 Gregory, Gene Chariton, IA 201 Martin, George R. Trinidad, CO 212 Shanno, William C. Rensselaer, NY 262 Vallely, Joseph Canton, MA 300 Grow, W.H. Abington, PA 300 Yarosz, Walter Aldan, PA 330 Hughes, Julious G. Fairfield Bay, AR 419 Chando, John J. Woodbury, NJ 427 Fontana, Paul J. Brandon, MS 453 Epperson, H.J. Mattoon, IL 477 O'Keefe, Leo J. Newton, KS 564 Jacobs, Sr., Thomas A. Dallas, TX 565 Hutchison, Forrest M. Destin, FL 631 Holder, Woodrow N. Middletown, MD 650 Waschbusch, Anton A. St. Paul, MN 653 Heniff, Russell G. Bridgeview, IL 655 Roberson, Olen R. Wise, VA 663 Luttrell, L.H. Augusta, ME 821 Garner, Arnold C. Burnet, TX 823 Greer, Leslie M. Sweetwater, TX 866 Baker, J.R. Dubois, WY 931 Watson, Eugene H. Greenville, SC 971 McGhee, James H. Vinton, VA 1000 Walinski, T.E. St. Paul, MN 1016 Parker, Wayne A. Yukon, OK 1031 Morgan, Francis M. Savannah, GA 1042 Vance, Robert S. Hinton, OK 1053 Hicks, Curtis K. Lawley, AL 1058 Shirley, James R. Nampa, ID 1074 Long, Albert W. Pittsburgh, PA 1137 Wilson, Merle J. Grand Forks, ND 1312 Kelly, Warren A. Pensacola, FL 1379 McGuire, James W. Pittsburgh, PA 1381 Hoekstra, Clarence Lincolnshire, IL 1458 Hernandez, Harry E. Houston, TX 1502 Mizell, Harvey N. Wildwood, FL 1526 Bombich, James L. Michigan City, IN 1591 Peterson, Andrew F. Camp Creek, WV 1736 Lab, R.O. Durand, MI
FELA UPDATE --Information for UTU bus workers .................##CC
This column is directed to UTU bus members.
Even though you have all the benefits of being a member of the UTU, it is important for you to remember that you are not covered by the federal law which applies to those railroad employees who may be injured or killed while working on the job. That law, called the Federal Employers' Liability Act (FELA), only applies to members who are employed by railroads.
That does not mean, however, that bus members do not have rights if they get hurt at work. It simply means that the law that is applicable in that situation is a state law, not a federal law.
Every state has such a law; it's called workers' compensation, and it describes the benefits which injured employees may be entitled to receive in case of on-the-job injury. Generally, those laws make sure that all of your medical bills are paid and that you are compensated for the majority of your wage loss. In many instances they also provide for some retraining if you are unable to do your regular duties at work.
Since workers' compensation laws are state laws, not federal laws, each state has different rules and regulations. While UTU Designated Legal Counsel are familiar with FELA law, many of our lawyers are not trained to handle claims for non-railroad on-the-job injuries. Nevertheless, and this is the main purpose of this column, you should always feel free to contact a UTU Designated Legal Counsel if you need help. Even if the lawyer is not familiar with the particular law in your state, he or she will be able to refer you to someone with that expertise.
If you have other legal problems, most of our Designated Legal Counsel will be able to help you within their own offices, or else send you to someone who can help. Even though you don't work for a railroad, you have every right to call on UTU Designated Legal Counsel for help when you need it.
Monte Bricker, Coordinator Designated Legal Counsel 1-888-241-7076
NOTICES
--Monthly apparel winner announced ..............##DD
This month's lucky winner of his choice of any item of apparel bearing the UTU logo is Paul L. Wisek of Marion, Illinois.
Brother Wisek is a member of Local 620 in Chicago, Ill., which represents workers employed by the BNSF.
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 Wisek!
--UTUIA offers lasting holiday gifts ..............##EE
Have you ever stopped to think about what you could have done with the money you spent on Christmas gifts in the past? If you are like most parents and grandparents, you go overboard. But what usually happens to those gifts? Do they end up in the corner, rarely played with -- or worse yet, broken? Why not give your little ones a lasting gift this Christmas?
Permanent life insurance provides living benefits and is a wonderful way to provide a legacy for your youngsters. What better way to show them you care! Permanent life insurance is very inexpensive at young ages, and premium-paying choices are endless, since premiums can be paid in one payment, over a five- or ten-year period, for the whole of life, or anything in between.
Give a gift that keeps on giving by contacting your UTUIA representative, or by calling the UTUIA Marketing and Sales Department today toll-free at (800) 558-8842, Ext. 211.
====================================================
UTU NEWS ONLINE EDITION
DECEMBER 1999
====================================================
PROGRESS THROUGH UNITY
UTU Home Page | 1999 UTU News Index
Copyright © 1997 United
Transportation Union
Last modified: December 14, 1999