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State Watch

ARIZONA
State Legislative Director Scott Olson reports that complaints by UTU members against carrier officials here for rules and testing violations are at an all-time high.

So far this year, the Union Pacific Railroad and the Burlington Northern Santa Fe have been found guilty of numerous violations by the Federal Railroad Administration and the Arizona Corporation Commission and fines will be levied.

In one case, Olson said, a UP official had instructed a yard foreman to call his engineer and tell him to come back to a join without giving him the distance. This was a violation of testing rules because the official knowingly caused a rules violation by the yard foreman because the distance was not relayed.

In another incident, BNSF officials were cited for a dark signal test violation when a train operating at maximum speed went by a dark signal that was supposed to be set to yellow. A stopped train was on the tracks just beyond the next dark signal. Luckily, the trainmaster in charge called the locomotive and told him to stop.

"This was very nearly a rear-end collision due to the officer's abuse of testing procedures. Thanks need to go out to Local 113 Chairperson Butch Young for getting this information to me so quickly," Olson said.

Olson is asking all UTU members to report any problems with signals to his office as soon as possible. Be sure to include the time, date, names of witnesses, and any communications with the dispatcher's office. He can be e-mailed at stolson@aol.com, or called at (602) 370-4961.

TEXAS
An amended version of House Bill 2922, which makes changes to a law regarding the obstruction of a street, railroad crossing or public highway by a train as a misdemeanor punishable by fine, was passed into law and took effect on Sept. 1, 1999.

According to Legislative Director Sam Arrington, the amended version states that train crews will not be issued a citation, nor will they ever have to sign for one. The citation will be directed to the carrier, and train crews will be relieved from having to show their drivers' licenses.

As amended, the law also extends the time a crossing can be legally blocked from five minutes to ten.

As originally filed, the bill would "bury us deeper between the old rock and a hard place," said Arrington.

He added, "In no way does this bill relieve train crews from their responsibility to cut a crossing, but it will put the blame where it belongs."

Arrington said that copies of the law will be forwarded to each legislative representative and noted that crews should keep a copy handy to show law enforcement officials how the new law reads.

Arrington praised the work of Assistant Director Connie English and stressed the importance of having an informed legislative team on the job "all day, every day."

VIRGINIA
Because of swift and thoughtful action by UTU members, CSX Transportation has issued a safety bulletin to all employees concerning the proper use of battery-operated lanterns.

Recently, Local Chairperson Jimmy Chapman (854) notified Assistant Legislative Director Margaret Fiala about a fire that appeared to have been caused by rechargeable lantern batteries. An investigation found that it was not the first fire resulting from similar circumstances.

Fiala notified Legislative Director Richard Jeskey, who in turn contacted James T. Schultz, a CSXT vice president and chief of safety. Schultz requested that Chapman send the lantern to the company's Jacksonville office for analysis.

Testing showed that when the posts of the batteries made contact with metal, a fire could develop. The company then issued the bulletin regarding the proper use of the lanterns and batteries.

"Because of Sister Fiala's and Brother Chapman's prompt actions in this matter, disastrous consequences for CSXT and their employees may have been averted," Jeskey said.

WISCONSIN
Local 312 Chairperson Timothy Deneen, assistant legislative director of the Wisconsin Legislative Board, has been invited by U.S. Representative Paul Ryan (Dist. 1) to serve as a member of the congressman's Labor Advisory Board.

Deneen/autoThe purpose of the board is to provide input and feedback on federal legislation and policy matters that have an impact on labor.

"Your participation on the Board will ensure I obtain input that will allow me to effectively represent everyone I was elected to serve. Our communication will allow me to work for you in Congress to the best of my ability," Ryan wrote in a letter to Deneen.

Deneen was one of the key players in the passage of Wisconsin's two-person train crew law.

"I know our members in Wisconsin are proud of all the work Tim Deneen does on their behalf. I congratulate Brother Deneen on this appointment," said International President Charles L. Little.


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