UTU News Digest - Thursday, March 2, 2000

UTU Daily News Digest

Information of interest to operating railroad and transportation employees

Thursday, March 2, 2000

WASHINGTON: Sen. Dorgan to Oppose CN-BNSF Rail Merger at STB Hearing

WASHINGTON -- U.S. Sen. Byron Dorgan, D-N.D., said Wednesday that he intends to vigorously oppose the pending rail merger involving Canadian National (CNI) and Burlington Northern Santa Fe (BNI), a wire service reported.

Dorgan will testify at a four-day hearing on railroad merger policy the U.S. Surface Transportation Commission has slated for next week, largely in response to the pending transaction.

The merger, which will cap a decades-long consolidation of the U.S. rail industry, in which 63 major U.S. railroads have dwindled to less than a handful is "wrong," Dorgan said.

The merger "has nothing to do with the beneficial interests of the country," he said in an address to the Alliance for Rail Competition.

The group represents the interests of "captive shippers," largely agricultural commodity, chemical and utility coal shippers that have no choice among rail service providers.

The pending merger will only further restrict competition, Dorgan told the group.

ARKANSAS: Four Teens Die in Train Accident

HUMPHREY -- Four teens who were killed when their pickup truck was struck by a train may have been startled by the unusual path of the locomotive, the Associated Press reported.

The victims -- two eighth-grade girls and two high school boys -- were returning from an off-campus lunch break Wednesday when the train plowed into their vehicle from the west.

Most of the 28 trains that pass through the crossing each day cross from the east, witnesses said.

"These kids weren't trying to beat the train -- they just didn't see it," said Michael Hodges, who witnessed the crash. "By the time (the driver) realized it was coming, it was too late."

Witnesses said warning signals were working at the crossing and that the engineer on the Pine Bluff-to-Brinkley train was blowing its whistle. They said the truck appeared to stop as the students looked east for a train - but not west - at the crossing about 40 miles southeast of Little Rock.

The dead were driver Cliff Morgan, 16; Ashley Caviness, 14; Brady Frizzell, 14; and Danielle White, 13. They attended Humphrey Junior and Senior high schools, which share a campus.

"They were all well respected, well liked by everybody at school. They were all wonderful kids," Superintendent Don Henley said. Classes were canceled for the rest of the week and counselors will be available.

Tim Ables, an uncle of one of the victims, said he was angry that the railroad crossing doesn't have gates that block the roadway as a train approaches

Union Pacific Corp. spokesman Mark Davis said the state Highway and Transportation Department decides where crossing arms are needed, not the railroad. State police and Union Pacific officials were investigating.

OHIO: Cleveland-Columbus train service likely to be delayed and downsized

COLUMBUS - Conflict about the cost of running a Cleveland-to-Columbus passenger train has pushed back the start date and threatens to limit service to one train, the Cleveland Plain Dealer reported.

Service between the two cities, originally predicted to begin early this year, is unlikely before late next year or sometime in 2002, state and railroad officials said yesterday. And when service does start, they said, only one train is likely, not two as originally planned.

CSX Railroad, which owns most of the corridor tracks, has estimated it could cost more than $60 million for improvements to accommodate the Cleveland-Columbus passenger service. But the Ohio Department of Transportation budgeted only $32 million for the two-year pilot project and an additional $3 million annually for operating costs.

The initial plan involved two trains - one leaving each city simultaneously - to attract business customers, said Kathy Wigton, a member of the Cleveland-Columbus Passenger Rail Steering Committee. With only one train, a Columbus business person would not reach Cleveland until after lunch, she said.

"If there is not enough frequency, how can you build ridership?" Wigton asked. "It’s almost like setting up something that is doomed to failure. We think we will still get riders, but it is one of those things that will limit the project."

The passenger service was proposed to help ease congestion during a 10-year rebuilding and widening of Interstate 71 from Cleveland to Columbus. A train tentatively is scheduled to leave Cleveland at 6:30 a.m., arriving in Columbus at 9:22 a.m. The train would then leave Columbus at 10:30 a.m., arriving back in Cleveland at 1:22 p.m. Another round trip would begin in the late afternoon.

Wigton said it would be at least spring before the steering committee is prepared to make recommendations to the Ohio Rail Development Commission. It will take at least 18 months after that to implement the service, she said. And that’s only if CSX, the state and Amtrak, which will operate the trains, can agree on costs.

The process was delayed because CSX was tardy in delivering cost estimates, mainly because it was involved with Norfolk Southern Railroad in acquiring Conrail, said William S. Tompos, acting director of the ORDC.

"They gave us a big, broad range of costs, but it doesn’t fit into our budget," Tompos said. "If we cannot get that down, we would be in trouble."

Limiting service to one train shouldn’t make a big difference in ridership figures, Tompos said. With one train, officials predict 81,970 riders a year; another 6,000 with an additional train.

"One train with two round trips will hopefully come within those budgetary constraints," Tompos said. CSX officials said operating two trains would have required building 17 miles of track between Shelby and Greenwich, driving up the cost.

A meeting between state, CSX and Amtrak officials is expected this month, he said.

Gordon Mott, assistant vice president of passenger service for CSX, said he could not discuss specific figures. But part of the company’s problem will be shuffling freight train schedules, he said.

VIRGINIA: Norfolk Southern Announces 916 Employees Take Voluntary Early Retirement

NORFOLK -- Norfolk Southern Corporation (NYSE: NSC) said yesterday that 916 of 1,180 eligible non-agreement employees elected to participate in its voluntary early retirement program, the carrier said in a press release.

The program allowed active, vested non-agreement employees with at least 10 years of service and who will be 55 or older in 2000 to add three years to their years of service and three years to their age in calculating their Norfolk Southern pension benefits. Applications were accepted between February 1 and February 29, and the retirements are effective today.

The program is one of the steps Norfolk Southern is taking to manage its operating expenses in the year 2000 and beyond and to adjust the size of its workforce to meet changing business demands.

CALIFORNIA: MTA will split cost of Five Points

NORTHWEST DISTRICT -- Burbank's plan to untangle one of the city's most congested intersections just got a shot in the arm -- an $8.7 million grant from the L.A. County Metropolitan Transportation Authority, the Los Angeles Times reported.

The grant, formally accepted by the City Council on Feb. 22, saves Burbank almost half of the $18.2-million cost to realign the notorious Five Points intersection at the center of town.

With the MTA funding, city traffic engineers agree to adhere to the agency's design standards for the work, which will likely begin in January. City officials said accepting the MTA money won't change the scope of the project.

After the redesign, Five Points -- where Victory Boulevard, Burbank Boulevard and Victory Place meet at a five-way juncture -- will become a standard four-way intersection. In the proposal, the stretch of Victory Boulevard that enters the intersection diagonally from the west will be bent south and connected to Burbank Boulevard. The configuration resembles the shape of a banana.

Burbank workers will also widen the bridge under Burbank Boulevard east of the intersection. The width of the street will double, from four lanes to eight.

The City Council approved the Five Points realignment on March 23 in anticipation of a Los Angeles developer's proposal to build a $200-million retail center a block north of Five Points.
The city anticipates a sharp increase in the number of cars using the intersection once Zelman Development Co. builds the project, which is being called Burbank Empire Center.

Zelman agreed to pay the city $10 million for improvements needed to accommodate the project. Tague did not say how much of that would go toward Five Points. The City Council is scheduled to consider the development May 2. Even if the council doesn't approve the center, Burbank will forge ahead with the Five Points realignment, Tague said.

Before work can begin, Burbank must acquire four properties on the boundaries of the intersection. The city is negotiating with the owners of State Farm Insurance, Burbank Animal Hospital, a Chevron gas station and El Burrito Loco. Tague would not say how much the city has offered for the properties.

CALIFORNIA: La Canada may join Glendale on bus plan

LA CANADA FLINTRIDGE -- La Canada Flintridge officials have hopped on the bandwagon with Glendale in its push to take over Metropolitan Transportation Authority Bus Line 177, which serves both communities, the Los Angeles Times reported.

The La Canada Flintridge City Council voted unanimously to go forward with the deal. City officials said the takeover would save La Canada Flintridge $152,000 a year.

The line operates along the Foothill Corridor from Duarte to the Glendale Galleria, stopping at the Jet Propulsion Laboratory in La Canada Flintridge. MTA has proposed the cities enter into an eight- to 10-year contract to provide service from JPL to the Galleria. MTA's private contractor would provide service from JPL east to Duarte. A proposed target date for taking over the line is April 10.

The new Line 177 would serve JPL, Foothill Boulevard to La Crescenta Avenue, Montrose, Verdugo Hills Hospital, the United Artists Theatre on Verdugo Road, Glendale Community College and destinations within Glendale to the Glendale Galleria. Service hours would increase. Buses would operate every 15 minutes along Foothill Boulevard and every 30 minutes to the Galleria. Riders boarding in La Canada Flintridge would travel for free, the trip back would cost 25 cents.

The executive board of the La Canada Flintridge Chamber of Commerce and Community Assn. unanimously supports the plan. They had hoped to pursue advertising on the bus line, but learned Tuesday Glendale city officials don't allow it and see no reason to change its policy.

WASHINGTON STATE: Boeing declares an impasse in talks

SEATTLE -- The Boeing Co.'s engineering union vowed to challenge the aerospace company's declaration yesterday that contract talks are at an impasse, saying it is ready to negotiate, the Seattle Post Intelligencer reported.

Boeing negotiators sent the Society of Professional Engineering Employees in Aerospace a two-paragraph letter saying that because the two sides remain far apart, the company "considers the parties at impasse."

The union said the statement was mostly an empty gesture by a nervous employer, and promised to take its challenge to the National Labor Relations Board.

The company's announcement yesterday sent a nervous shudder through the engineering union's picket lines. But Boeing can't force any of its roughly 18,000 striking employees back to work, union leaders were eager to point out.

"The Boeing Co. is having a tantrum," Charles Bofferding, the union's executive director, told more than 1,000 striking workers at a rally yesterday. "This declaration has no impact on the strike."

Union leaders planned to try to force the aerospace giant back to the bargaining table. They say the two sides aren't at an impasse because the union wants to discuss ways to control health-care costs and proposals that would tie productivity gains to bonus payments sought by the union.

"We have a number of outstanding issues that we don't believe we have exhausted discussion on," said Phyllis Rogers, the union's counsel.

The union plans to file at least one charge with the NLRB, accusing the company of refusing to bargain. The board would have to investigate the charge, a process that could take weeks or months. If it finds Boeing refused to negotiate it could compel company to negotiators back to the table, according to Ray Willms, assistant to the board's regional director.

Boeing's statement doesn't change much at Boeing or at the bargaining table yet. The company is still considering its options, which include imposing portions of its last contract offer or extending the expired contract, according to Peter Conte, a company spokesman.

Labor experts said Boeing is trying to raise the pressure on striking workers and their union leaders as the strike heads into its third week. "By declaring an impasse what Boeing is doing is playing hardball," said Margaret Levi, director of the University of Washington's Center for Labor Studies. The company is saying "let us freak you out about what it means."

Boeing, however, refused to define exactly what its next step would be. The company hasn't decided if it will implement portions of its last contract offer or extend parts of the expired contract, Conte said.

"We are evaluating our options right now. It might become clearer" next week, Conte said.

The two camps are fighting over a new three-year contract for roughly 22,000 Boeing engineers and technical workers. Union members have already rejected two contract offers from the company. Union leaders rejected the last company initiative last Saturday.

The company cited the union's refusal to hold a vote on its last offer as one of the reasons it believes the two sides are at an impasse. The union is holding out for a lump-sum bonus, the protection of existing benefits, greater guaranteed wages increases and other issues.

Boeing's announcement created confusion on the picket lines throughout the Puget Sound Seattle region, as some striking workers were unsure whether the company could force them back to work. The union rushed to dispel any misconceptions at a meeting of more than a thousand members.

"The company can't tell us when it's time to go back to work," SPEEA's Bofferding told cheering union members at a Southcenter Mall cinema.

WASHINGTON STATE: Seattle Foes of Light Rail Renew Fight

SEATTLE -- The coalition of South Seattle residents and business owners recently withdrew the appeal it filed with Sound Transit last year challenging the $1.87 billion light-rail system as "a financial and environmental disaster," the Wall Street Journal reported.

Now, instead of fighting what it's convinced would be a losing battle at home, the group is launching a campaign to raise several hundred thousand dollars for a drive to persuade the federal government that Sound Transit's plans are racially discriminatory.

"Although Sound Transit would like to act like this is all over and done with, they're sorely mistaken," says George Curtis, a carpenter and member of the Save Our Valley board of directors. "This is discrimination, and we won't have it."

The 18-member Sound Transit board voted unanimously in November in favor of a street-level layout for South Seattle, and filed a detailed environmental-impact statement with the state and federal departments of transportation at that time.

Save Our Valley, after weeks of silence, responded last month by revising a civil-rights complaint it had lodged last August with the U.S. Department of Transportation and the U.S. Department of Housing and Urban Development. Among the complaint's charges: that Sound Transit showed racial bias in planning to lay tracks in tunnels in largely white northern Seattle, while running tracks at street level in mostly nonwhite neighborhoods, like Rainier Valley. The revised complaints also accuse Sound Transit of failing to fully explore tunnels as an option for the valley and of neglecting to provide non-English-speaking valley residents with comprehensive information, says the group's lawyer, Mickey Gendler.

The group has long argued that for safety and aesthetic reasons, and for the financial health of local businesses, the tracks should run underground instead of along Martin Luther King Jr. Way South.

Save Our Valley's leaders are confident they will prevail. They note that other citizens groups have succeeded in stalling and amending federally funded construction projects by filing civil-rights complaints. Under the Civil Rights Act of 1964, Americans can petition the federal government to stop a federally funded project on grounds of racial bias. (Sound Transit's nearly $2 billion light-rail budget includes $944 million from the federal government.) They may also sue in federal court without waiting for a response to the petition.

Federal Transit Administration officials in Washington, D.C. say fewer than two dozen such complaints have been processed in the past three years and none resulted in the elimination of funding. But, the officials add, in virtually all of the cases, the complaints resulted in the plans being changed in some way.

Says Mr. Curtis, "Our complaints are strong and we've got a model to follow."

In 1995, residents of the El Sereno section of Los Angeles helped scrap a freeway project by alleging its construction would discriminate against the neighborhood's Latino residents. Their complaint, filed with the Federal Transit Administration, argued that the proposed freeway would deny the poor, mostly Latino El Sereno residents the same noise protections -- sound mitigation walls and tunnels -- that were planned for predominantly white and upscale Pasadena.

There are plenty of obstacles for the Seattle group. Among them: Most Rainier Valley businesses and resident groups now support the light-rail project. Backers of the surface design say it will spark economic development and bring new life to the corridor, which is lined with churches, dozens of small businesses and some low-income housing.

While many resident groups say they would prefer tunnels, they have accepted the surface design, fearing that opposing the plan might well take Rainier Valley off the light-rail map altogether, creating an even starker racial and economic divide in Seattle. The valley is a diverse patchwork of neighborhoods between Interstate 5 and Lake Washington in which more than 50 languages are spoken.

Sound Transit officials vigorously defend their plans and say there is no discrimination at work. "It's topography that set the design, not any racial bias," says Clarence Moriwaki, an agency spokesman.

Planners say tunnels make sense in hilly central and northern Seattle, while there's no reason to tunnel under a valley. The estimated price tag for putting the valley tracks underground is $400 million, an amount Sound Transit says it can't afford.

Mr. Curtis counters that Sound Transit board members are trying to raise $400 million to include Northgate, in northern Seattle, in the project's first phase. But Sound Transit board members say that expense would be justified because the extension would boost ridership an estimated 15%.

Jared Smith, regional transit manager for the city of Seattle, also defends the above-ground blueprint for Rainier Valley. "A lot of the issues that group [Save Our Valley] has raised have made this a better project," he says, referring to design modifications based on the group's concerns about safety. "But all of the decision makers have been very consistent in agreeing that the best thing for the Rainier Valley is at-grade light rail."

Save Our Valley, however, is far from giving up. Winning this fight will take time and money, and the group says it's prepared to spend both. Next week, group members will start paying visits to Rainier Valley residents and business owners, encouraging them to get involved; volunteers have already handed out hundreds of leaflets that say the light-rail system is "still fatally flawed and unfair."

Mr. Curtis, the board member, says the group also is preparing to expand fund-raising efforts beyond South Seattle, citing such potential donors as eastern Seattle's tech companies. According to Save Our Valley President Colleen Browne, a project manager for Seattle Public Utilities, the group has applied for nonprofit status, which, if granted, would make donations tax deductible and so encourage bigger checks. The group has raised about $100,000 since its creation two years ago.

Meanwhile, the group continues its attacks on the Sound Transit board's fairness. Messrs. Curtis and Gendler say Save Our Valley decided to forgo its appeal to Sound Transit last November based on the belief that the appeals process was biased. The two men say the group figured it had no chance of winning because the transportation agency itself appointed the hearing examiner in the case. Mr. Gendler notes that two other community groups, Friends of the Monorail and Citizens for Mobility, also withdrew appeals at the same time for the same reason.