Entry-rate dispute heads to work-rules panel

4 1

The Official Publication of the United Transportation Union

N u m b e r 2Volume February 2009

www.utu.orgwww.utuia.org

Two members die in mishapsTwo UTU members, Lenard E. Noice a n d

Craig Curtis Lang, have died in separatei n c i d e n t s .

BNSF locomotive engineer Noice, a mem-ber of Local 1168 in Clovis, N.M., died Jan.16 while on a run between Clovis and Ft.Sumner. He was 59.

“He was a really good person,” New Mexi-co State Legislative Director Dennis Bacasaid. “He was a person you could count on;he was one of the good guys. He will bemissed.”

UP switchman Lang, 41, a member ofLocal 367 at Omaha, Neb., was killed Jan. 28at a UP yard in Council Bluffs, Iowa.

Investigators say it appears Lang steppedoff a train he was riding and was struck by acoal train going in the opposite directionaround 6 a.m.

He was pronounced dead at the scene.(A memorial fund has been established for

Brother Lang. See page 2.)

News and NotesNews and Notes

Continued on page 10

Continued on page 10

Entry-rate dispute heads to work-rules panelThe dispute between the

UTU and the National Car-riers’ Conference Commit-tee over entry-level rates ofpay is headed to a nationalwage and rules panel as aresult of an arbitrationaward finalized Jan. 22.

UTU International Pres-ident Mike Futhey issued adissent to the award, whichwas written by arbitratorRobert Peterson and agreedto by the railroads’ partisan,former carrier chief labornegotiator Robert Allen.

P e t e r s o n ’s decision holdsthat the issue of entry rateswas “addressed or consideredas part of the give-and-take”of the 2004/2008 collectivebargaining round, and thatthe issue may now be han-dled by a national wage andrules panel, first created dur-ing the 1996 round ofnational negotiations.

Members of the panelare appointed by the par-ties. The carriers typicallyappoint the chairman ofthe National Carriers’Conference Committee and carrier vice presi-dents of labor relations.

The UTU members typically include theUTU international president and members ofthe UTU national negotiating committee.The panel’s meetings are scheduled on mutual-

ly agreeable dates in the same fashion asnational negotiations.

Futhey said in his dissent, “This dispute doesnot involve the give-and-take at the bargainingtable in the 2004/2008 round. Rather, it con-cerns the deferred price the carriers agreed to

UTU officers face trial by boardCLEVELAND – Internal trials before the

UTU Executive Board began Feb. 3 for fourUTU International vice presidents accusedof being agents of a competing union andfailing to follow the directives and policies ofthe UTU International president in viola-tion of their oath of office and various provi-sions of the UTU constitution.

On trial are UTU International Vice Presi-dents John Babler, Vic Baf-foni, J.R. “Jim” Cumby andTony Iannone.

Similar charges were filedagainst former UTUNational Legislative Direc-tor James Brunkenhoefer,who died Dec. 19, and for-mer International Vice Presidents Roy Bolingand John Fitzgerald, who retired Feb. 2.

The trials grew out of the vice presidents’actions after a federal court issued an injunction inDecember 2007 halting implementation of amerger between the UTU and the Sheet MetalWorkers’ International Association (SMWIA) toform The International Association of Sheet Met-al, Air, Rail and Transportation Wo r k e r s .

pay in the involved sideletters” to the 2002 UTUNational Agreement.

“The Board,” Futhey said,“simply should have foundthat the parties are obligatedto establish the nexusbetween entry rates andtraining/experience,” andthat should be done “com-pletely outside” of the give-and-take in the 2004/2008round “because the commit-ment to make that nexusremains outstanding fromthe 2002 round.”

Futhey added that hewill use all tools at his dis-posal – including legisla-tive pressure on the carri-ers – to achieve a success-ful outcome of the entry-level pay issue on behalf ofnew hires.

The UTU position goinginto arbitration was thatonce conductors and yard-masters are hired, trainedand given full responsibili-ties, those conductors andyardmasters should be paidfull service scale, meaningthe same rates of pay as their

peers with similar training and responsibilities.Although some railroads have scrapped entry-

level rates for newly hired and fully trained con-ductors and yardmasters that are given fullresponsibilities, it is the industry norm to paythem less for the first five years.

Entry-level rates of pay were first agreed to dur-

UTU International President Mike Futhey, right, met recently in Washington with Robert Szabo, executivedirector of Consumers United for Rail Equity (CURE), an advocacy group of captive rail shippers, to dis-cuss legislative issues of mutual interest. CURE-inspired legislation, backed by House Transportation &Infrastructure Committee Chairperson Jim Oberstar (D-Minn.) and Senate Commerce Committee Chair-person Jay Rockefeller (D-W. Va.), would require the Surface Transportation Board to be more aggressivein its oversight of the remaining major railroads – just seven major systems today, versus almost 40 whenthe Staggers Rail Act was passed in 1980. CURE also supports legislative proposals to place railroads underthe same antitrust laws as all other American industry. (See President Futhey’s column, page 4)

In halting the merger, the court ruled that theSMART constitution did not accompany theballoting materials. The court urged that a newmerger agreement, including the SMART con-stitution, be negotiated and that a new ratifica-tion vote be held.

On Feb. 2, Federal Judge John R. Adams, fol-lowing a Jan. 30 hearing, denied a request by thevice presidents to halt or delay their internal trials.

Judge Adams said in thehearing that through theiractions there was evidencethe vice presidents attemptedto impede the constitutionalauthority of UTU Interna-tional President Mike Futhey,who has been attempting to

follow the court’s instructions that the mergeragreement be renegotiated and re-voted.

The International vice presidents, said JudgeAdams, are acting “not in their own right, but aredoing it at the behest of some third party – acompeting union.”

The charges against the vice presidents were

Federal Judge John Adams:Defendants “are acting noton their own behalf but onbehalf of the SMWIA.”

Page 2 February 2009 UTU News

www.utu.org / www.utuia.org

fatally injured on Jan 28, Local 646 Secretary &Treasurer Chris Nelson reported. Lang was struck

and killed by a train in UnionP a c i f i c ’s rail yard here. Newsreports indicated he hadstepped off a coal train onwhich he was riding and wasstruck by a train coming inthe opposite direction. Lang,who is survived by his wife,Lisa, and two children, was41. Send contributions to the“Craig Lang Memorial Fund”at Peoples National Bank,

306 West Erie, Missouri Va l l e y, IA 51555.

Local 650, Minneapolis, Minn.Locals 650 and 1614 (St. Paul, Minn.), which

represent road and yard workers on the UnionP a c i f i c ’s former C&NW lines in the Twin Cities,south-central Minnesota and Northern Iowa, heldtheir annual joint Christmas party on Dec. 15,Chairperson Randy Raskin reported. Guestsincluded State Legislative Director Phil Qualy a n dretired State Legislative Director Willis Croon-q u i s t, and a good time was had by all, Raskin said.

Local 832, Superior, Wis.John C. McDonough, a former Wisconsin

assistant state legislative director, passed awayJan. 20, State Legislative Director Tim Deneenreported. McDonough, a conductor for the GreatNorthern Railroad and Burlington NorthernRailroad for 47 years, retired in 1989.

tor Thomas P. Aird on Feb. 2. “Tom was diag-nosed with cancer in late 2008. He carried on acourageous battle with this disease with muchlove from his family, friends and coworkers. Hewill be dearly missed by all,” Seggerman said.

Local 646, Council Bluffs, IowaMembers have established a memorial fund for

the family of Craig Lang, a UTU member who was

Local 204, Pueblo, Colo.Emuel “Skip” L. Skidmore, 80, the father of

UTUIA Field Supervisor and Colorado AssistantState Legislative Director Charles Skidmore,passed away Jan. 11. A member of InternationalBrotherhood of Electrical Workers Local 12 since1960, Emuel Skidmore was a U.S. Navy veteran,and a member of the Elks and Eagles lodges. Inlieu of flowers, donations may be made in “Skip”Skidmore’s name to the IBEW #12 BrotherhoodFund, 2901 Farabaugh Lane, Pueblo, CO 81005.

Local 240, Los Angeles, Calif.Penny Lee, the wife of current board of trustees

member and former Local President Ralph J. Leepassed away Jan. 11, Local Chairperson HarryGarvin Jr. reports.

Local 298, Garrett, Ind.This CSX local has a new Web site address at

www.utu298.com, reports Local ChairpersonJamie Modesitt. The railroad’s 2009 Train andEngine Service Operating Rules Study Guide, alocal calendar and a wealth of other informationcan be found there.

Local 367, Omaha, Neb.This Union Pacific local held its annual raffle

for charity in December, raising $1,645 for theHeart Ministry Center. The center raises funds toassist disadvantaged children during the Christ-mas season, said Legislative Rep. Kevin Kresl.First prize was awarded to member MikeMedeirous, who received Kansas City Chiefsfootball tickets. Second prize was awarded toMary Pat Contreras, wife of member Jim Contr-eras, who received a GPS navigator. The eventwas coordinated by Local President Phi lTamisiea , a strong believer in communityinvolvement, Kresl said. The local has donatedmore than $7,000 during the past several years.

Local 418, Sioux City, IowaThis BNSF Railways local has a new Web site at

w w w.utu418.org, member Ryan Schooley r e p o r t-ed. “This Web site was created to better informand connect our members. We will update theWeb site on a continuous basis. If you have anysuggestions on ways to improve the Web site,please e-mail [email protected], orfeel free to speak your mind in our forums sec-tion,” Schooley said.

Local 446, Cheyenne, Wyo.Longtime local officer Roy W. Tibbetts III

retired Jan. 15 after nearly 47 years of rail serv-ice, wife Darlene Tibbetts reports. A UnionPacific conductor, Tibbetts had served his localas chairperson from 1970-2002, president from1979-2009, and as secretary of Union Pacific –Eastern District GO 953 from 1975-1983. Hism o t h e r, father and grandfather were all previousUP employees. “He will miss the railroad and allhis buddies, but will enjoy being able to sleep inhis own bed every night,” Darlene said. Sheadded that Tibbetts, father of Danton andLaDawn, looks forward to spending time in hisw o od s h o p .

Local 583, Fond du Lac, Wis.Local Chairperson Scott Seggerman contacted

UTU News to report the passing of long-timeWisconsin Central/Canadian National conduc-

As host of the History Channel’s Extreme Trainsseries, member Matt Bown examined railroad histo-ry, as well as the vital role trains still play today.

Make no Bowns about it,Extreme Trains are cool

Pan Am Railways conductor, unabashedtrain fanatic and UTU member Matt Bownalways had a dream: To ride the biggest,fastest, most awesome trains in America.

Bown, a member of Local 1400 in SouthPortland, Maine, got to live that dream ashost of “Extreme Trains,” an eight-part serieson remarkable trains that debuted on theHistory Channel in November.

Each episode focused on a particular typeof train, from steam to freight to high-speedpassenger, and featured worker interviews,local history, on-line dangers and, of course,famous wrecks.

Bown said he loved riding trains throughgorgeous New Mexico scenery; riding inthe cab over Cajon Pass in California; rid-ing at the head of the Acela going 150miles an hour; riding the cab and workingwith the crew on the Union Pacific steamlocomotive 844 for an entire week; ridingand working the Amtrak Empire Builderthat runs from Chicago to Seattle, andenjoying a rare ride aboard the Barnum andBailey circus train.

In the premiere episode, Bown rod ethrough the Allegheny Mountains ofPennsylvania with a 105-car, 15,000-toncargo of coal en route to a power plant.Along the way, viewers learned a bit abouthow coal is mined and loaded, the historyof the Johnstown Flood, how difficult it isto shoot the famous Horseshoe Curve andhow the Nazis planned to blow it up dur-ing World War II.

“I heard about plans for a show on trains,so I sent my photo and biography in, and theypicked me,” Bown said.

He and a crew of seven or eight spent a fewmonths taping the show. “The coolest partwas UP’s steam engine,” he said. “On a steamengine, going around a left-hand curve theengineer can’t see anything. I can’t believepeople used to do that. They ought to send allrail crews out to see what it was like.”

Bown said the railroads were very cooper-ative. “They (railroads) understood we werenot there to make them look bad. We didn’thave any trouble at all. NS even gave me ahardhat with my name on it.”

Bown said that his fellow UTU membersalso were very supportive. “The rail workerswere excellent. I do what they do, so theywere great. I wanted people to understandwhat railroading is all about, and they helpedme do that.”

Lang

Pictured, from left, are Joe Brown, Phil Tamisiea, Kresl,Yolanda Robinson, Fr. Tom Fangman and Dick Casey.

Local 1597 to host Ill., Ind.,Wis., Tri-State Conference

This year’s Tri-State Rail Conference,organized by Belt Railway of Chicago Gen-eral Chairperson Chris Votteler and Local1597 Secretary & Treasurer Tony Marchi,will be from 10 a.m. until 3 p.m. on March14, at the Raday Harry Lodge, 3220 W.145th St., Midlothian, Ill. The meeting isfree of charge to all UTU members. Coffeeand rolls will be served in the morning, as wellas a luncheon around 12 p.m.

UTU International Vice Presidents J o h nB a b l e r and Robert Kerley, Illinois State Leg-islative Director Robert Guy, Canadian Pacific(Soo Line) General Chairperson James Nelson,Alternate National Legislative Director J o eS z a b oand representatives from the Federal Rail-road Administration have been invited toattend, reported former Local 1433 President A lS c h o o. Topics to be reviewed include techno-logical advances, new safety rules, the FRA cell-phone ban, the CN-EJ&E merger and more.

Also in attendance will be Greg Hale andAaron Combs from the UTU InsuranceAssociation, Brenda Williams from the Rail-road Retirement Board, Charlene Paynefrom United HealthCare and Mary Schultzfrom BlueCross-BlueShield.

The conference promotes unity, strength,and constructive relationships among UTUlocals and members in Illinois, Indiana andWisconsin, and allows attendees to exchangeinformation on common issues rail employ-ees face, Schoo said. For more information,call Schoo at (815) 222-6159.

Kurt Olson and his wife, Rachele, the proud new parentsof Parker Tomas Olson, enjoy the UTU Christmas party.Olson will soon be training as a student engineer.

February 2009 UTU News Page 3


PHILADELPHIA – The UTU and other raillabor organizations have gone to federal courthere to obtain an order halting the SoutheasternPennsylvania Transportation Authority (SEP-TA) from unilaterally reneging on its responsi-bilities to injured workers under the FederalEmployers’ Liability Act (FELA).

A federal district court here was told by thelabor organizations Jan. 16 that the SEPTA is inviolation of three separate federal statutes, andcannot unilaterally abandon its responsibilitiesunder the FELA.

On Jan. 15, the SEPTA informed the UTUand other rail labor organizations that, in itsopinion, the FELA does not apply to that inter-state commuter railroad. The SEPTA assertion isbased on a local court decision.

The SEPTA asserts that under that local courtdecision, the SEPTA shares with the State ofPennsylvania, “sovereign immunity,” and thusmust provide permission to be sued.

As such, the SEPTA says it chooses not to besued, under provisions of the FELA, by employeesinjured on the job; but rather the SEPTA willprocess workplace injury claims under the Pennsyl-vania Workers’ Compensation Act. Such benefitsare far inferior to those available under the FELA.

In pursing injunctive relief – a federal courtorder halting the SEPTA from abandoning itsresponsibilities under the FELA – the rail labororganizations point to the SEPTA’s obligationsunder the FELA, the recently enacted Rail Safe-ty Improvement Act of 2008, and the RailwayLabor Act.

The labor organizations told the court that:•Section 51 of the FELA provides that “Every

common carrier by railroad while engaging incommerce between any of the severalStates…shall be liable in damages to any personsuffering injury…or death…while he isemployed by such carrier in commerce…result-ing in whole or in part from the negligence of anyof the officers, agents, or employees of such carri-er, or by reason of any defect or insufficiency, dueto its negligence….”

•Section 55 of the FELA provides that “Any

UTU challenges attack on FELA

FRA to limit engineer license restrictions

contract, rule, regulation, or device whatsoever, thepurpose or intent of which shall be to enable anycommon carrier to exempt itself from any liabilitycreated by [the FELA], shall to that extent be void.”

•Section 20109 of the Rail Safety Improve-ment Act of 2008 provides that a rail carrier“may not deny, delay or interfere with the med-ical or first aid treatment of an employee who isinjured during the course of employment.” Yet,the Pennsylvania workers’ compensation lawsprovide that an employee injured on the job mustbe treated by a doctor of the employer’s ratherthan the employee’s choosing. This would violatethe SEPTA’s obligations under the Rail SafetyImprovement Act of 2008.

•The Railway Labor Act requires that a carri-er wishing to alter the established rates of pay,rules or working conditions must serve notice tothat effect and collectively bargain over the pro-posed changes, and not unilaterally alter a col-lective bargaining agreement.

In fact, the labor organizations’ collective bar-gaining agreements with the SEPTA recognizethe right of SEPTA employees to pursue claimsunder the FELA. Thus, by unilaterally assertingthat its contract employees will no longer be cov-ered by the FELA, the SEPTA has changed thecollective bargaining agreements without firstexhausting the bargaining procedures under theRailway Labor Act.

UTU member Glenn Fry is recoveringfrom serious injuries he received when,while acting as a good Samaritan, wasstruck by a snow plow.

F r y, a CSX locomotive engineer andmember of Local 313 in GrandRapids, Mich., was on his way towork when he noticed a car go into aditch due to icy road conditions. Fry,an ex-Army sergeant, did what camenaturally as a UTU member andleader – he stepped up and assisted.

Fry and the other driver successfullyused Fry’s truck to pull the van from theditch. They were walking back to the vanto unhook the tow straps when a pickupwith a plow attachment crested the hillbehind them.

The 19-year-old driver of the plow truckreportedly tried to stop but could not. Hestruck Fry and the other driver from behindbefore ending up in the ditch.

Fry suffered extensive injuries to hiships, pelvis, legs and arms. He had sur-gery to pin everything together and is nowrecovering in the Mary Free Bed rehabili-tation hospital in Grand Rapids, Mich.

Fry will be off his feet for an estimat-ed six months. If anyone is interestedin sending him cards or gifts, pleasesend them to 3015 Lincoln Lake Av e .N., Lowell, MI 49331.

Member injuredby snowplow

In a move likely also to affect conductor certi-fication when implemented in 2010, the FederalRailroad Administration has proposed limits ona carrier’s ability to reclassify a locomotive engi-neer’s certification to a more restrictive class.

The FRA also proposes to limit a carrier’s abil-ity to revoke an engineer’s certification for rea-sons other than are narrowly defined in federalregulations.

The proposed revisions to FRA safety regula-tions, published at 49 C.F.R. 240 (known as Part240 regulations) follow aggressive actionsagainst engineers by an unidentified rail-road – actions the FRA says violate theintent of federal safety laws and FRAsafety regulations.

The public has until March 2 to filewritten comments to the proposedFRA revisions of its regulations.

Engineer certification was orderedby Congress in 1988 through the RailSafety Improvement Act. Under the law, theFRA determines certification standards for loco-motive engineers (as it will for certification ofconductors in 2010 under provisions of the RailSafety Improvement Act of 2008).

Under the 1988 law, each railroad is responsi-ble for training engineers and certifying theymeet minimum federal standards, which includeproper application of a railroad’s rules and prac-tices for the safe operation of locomotives ortrains in the most demanding service the engi-neer will perform.

Certified engineers must undergo periodicretesting, and they risk having their certificationrevoked if they fail to comply with the railroad’srules and practices deemed essential for the safeoperation of trains as specified in the federal reg-ulations.

FRA regulations permit a carrier to revoke anengineer’s certification for only six specific typesof violations of operating rules and practices:

1) Failure to control a locomotive or train inaccordance with a signal indication that requiresa complete stop before passing it;

2) Failure to adhere to limitations concern-ing train speed when the speed exceeds the max-imum authorized limit by at least 10 miles perhour or a violation of restricted speed that caus-es a reportable accident or incident;

3) Failure to adhere to certain federallyrequired procedures for the safe use of train orengine brakes;

4) Occupying a main track or a segment ofmain track without proper authority or permis-

sion;5) Failure to comply with prohibitionsagainst tampering with locomotivemounted safety devices or knowinglyoperating a train with an unauthorizeddisabled safety device;

6) Incidents of noncompliance withthe regulations regarding the use or pos-session of alcohol and drugs.

The FRA also proposes to prohibitthe practice of reclassifying any type of engineer’scertification to a more restrictive class of certifi-cate or to a student engineer certificate duringthe period in which the certification is otherwisevalid. It also proposes to clarify its regulations toensure that all parties understand that revoca-tion of an engineer’s certificate may only occurfor the six reasons specified in the regulation.

The FRA also proposes to require each rail-road to identify the potential actions it may takein the event that a person fails a skills perform-ance test or that the railroad finds deficiencieswith an engineer’s performance during an opera-tional monitoring observation or unannouncedcompliance test or otherwise becomes aware ofsuch deficiencies.

First Coast Rail

workers ratifyUTU-represented train- and engine-service

employees of First Coast Railroad, FernandinaBeach, Fla., a property of rail holding companyGenesee & Wyoming, have ratified their firstcontract with the carrier.

All are members of Local 1972.The 31-mile First Coast Railroad operates on

former Seaboard Air Line Railway tracksbetween Seals, Ga., and Yulee, Fla. The trackswere once part of Seaboard’s main line through

coastal Georgia.The railroad also operates

the line between Yulee andFernandina, Fla. It is asubsidiary of Rail Link,

Inc.First Coast provides switch-

ing services at the Port of Fernandina, Fla., andruns west from the port through Yulee, Fla., andthen north to Seals, Ga., to a connection withCSX.

The new contract, negotiated over the lastyear, includes increases in wages, benefits andnumerous other protections, including a codifiedgrievance system. The contract was effectiveupon ratification and runs through the end of2012, General Chairperson Doyle Turner said.

“The seniority, scope and discipline rules thesemembers now enjoy are what makes union mem-bership valuable,” Turner said, “and they helpensure that these members will have the protec-tions they deserve.”

Turner thanked UTU International Presi-dent Mike Futhey and former CN general chair-person Warner Biedenharn for their supportduring the negotiations.

Moving?The UTU International pays hundreds of dol-lars a month to the U.S. Postal Servicebecause many members do not inform theunion they have moved. If you are planning tomove, please inform both the Internationaland your local secretary of your new addressat least six weeks in advance. Contact theInternational by phone at (216) 228-9400, ext.336, via email at “[email protected]” or logonto www.utu.org and change your addressvia the UTU Web site.



duced a frenzy of mergers, reducedhead counts and permitted monop-oly pricing. The carriers’ repeatedpromises to share the increasedwealth with employees evaporatedwhen the time for sharing arrived.

Now, our most effective responseis in the legislative arena, whererailroads need labor’s political sup-port to turn back captive shipperefforts to trim rail market power.

I met recently with the head of ashipper advocacy group to discusstheir legislative effort to require theSurface Transportation Board bemore aggressive in its oversight of

Mike Futhey, International [email protected]

Arty Martin, Assistant [email protected]

Kim Thompson, General Secretary and [email protected]

James A. Stem Jr., National Legislative [email protected] the UTU:

Phone (216) 228-9400; Fax (216) 228-5755

[email protected]

Now is the time to solve entry-rate pay problemWhile railroads oppose our efforts

to obtain for new hires equal pay forequal training, responsibility andaccountability, they are spendingtens of millions of dollars to defendtheir pricing power that pads theirbottom lines.

With NBC charging up to $6 mil-lion per minute for Super Bowladvertising, freight railroads boughttime to congratulate themselves ontheir impressive productivity, eventhough it is mostly the result of few-er train and engine service employ-ees taking on more responsibilities.

In 2008, freight railroads spentsome $40 million on lobbyists toprotect their monopolies; and mil-

lions more on radio, television,magazine and newspaper ads to cre-ate a positive image.

Railroads have become so prof-itable that Warren Buffett’s Berk-shire Hathaway fund has acquired22 percent of BNSF stock; andhedge funds, banks and investmenthouses now own about one-third ofrailroad stock shares.

During 4th quarter 2008, withmost industries on the financialropes, UP earnings rose 35 percent;BNSF earnings rose 19 percent;Norfolk Southern, 17 percent; andCSX, 16 percent.

Wall Street analysts say that coal,grain and chemical shippers – thosewith no effective alternatives to

shipping by rail – are so captive thatthe railroads will continue raisingtheir freight rates (which translateinto sharply increased profits) withlittle fear of losing the business.

Analysts report that railroads paidmillions in year-end bonuses to theirtop executives in December, while

fighting every attempt to eliminate atwo-tier wage structure that paysnew hires considerably less, eventhough they have equivalent skills,responsibility and accountability asfellow conductors and yardmasterswith at least five years of seniority.

Meanwhile, railroads haverenewed their push to eliminate thecraft of conductor and operate trainswith one-person crews. Having beenstopped by a federal court from mak-ing such demands in national han-dling, they are now pursuing thatobjective through local agreements.

For more than 40 years, rail laborhas assisted the carriers in reducinggovernment oversight and collect-ing federal subsidies, which pro-

the handful of major rail systemsthat now dominate the railroadmap. The shippers also are seekinglegislation placing railroads underthe same antitrust laws as all otherAmerican industries.

We are examining closely ourWashington relationship with carri-ers and shippers. Our lobbying pow-er before a Democratic-controlledCongress and White House may beour most effective tool to assureemployees are treated equitably atthe bargaining table.

We will also be continuing ourefforts before a wage and rules panelto convince carriers that the time isnow for reaching an equitable solu-tion to the entry-level pay problem.

We remain optimistic that carrierCEOs will recognize the value of hav-ing a joint coalition with organizedl a b o r, and together we can benefit fromthe railroad renaissance to where joband income security benefits workers aswell as executives and stockholders.

N o w, let’s do it together.

Our lobbying power before a Democratic-controlledCongress and White House may be our most effectivetool to assure employees are treated equitably at thebargaining table.

By Mike Futhey, International President

For the latest news, visit www.utu.org regularly; also, sign upon the UTU Web site to receive news alerts via e-mail.

UTU eyes group disability insuranceGroup disability insurance is an

essential financial backstop forUTU members, many of whom havebeen denied coverage because ofpre-existing conditions resultingfrom their railroad employment.

With help from my assistant gen-eral chairperson, Mark Cook, wecontacted numerous insurance com-panies.

Along with UTU General Secre-tary & Treasurer Kim Thompson,we were impressed with a group dis-ability policy available from Mutualof Omaha, an A+ rated insurancecarrier with more than $4 billion inassets.

Every UTU rail member wouldbe eligible – guaranteed coverageduring the open enrollment peri-od – regardless of existing healthc o n d i t i o n s .

Especially attractive is that thecoverage would allow members witha UTUIA disability plan to keepthat plan in addition to the Mutual

By Paul EmertGeneral Chairperson

Norfolk Southern GO 898

of Omaha plan without any reduc-tion in plan benefits.

This could be important to thoseseeking greater coverage than wouldbe offered by the Mutual of Omahaplan.

Also attractive is that the UTU-IA field supervisors support theMutual of Omaha plan and wouldassist members with questions dur-ing the open enrollment period.

Because of the size of our mem-bership and our collective buyingpower, premiums would be especial-ly low – about $25 per month,

through payroll deduction, for bene-fits of up to $1,500 monthly for up to12 months per disability.

The coverage would be for acci-dents or sickness, 24/7, on or off thejob, and would be tax free.

A similar policy – even if it couldbe purchased individually from aninsurance company – would cost ourmembers up to $100 monthly.

UTU officers have an obligationto do whatever is necessary to pro-vide for and protect the needs of themembership. This includes ensuringour members have income to protecttheir families and property duringtimes of sickness and injury. Thispolicy from Mutual of Omaha willdo just that.

The plan will require approval ofthe UTU Board of Directors andwould be available within 90 days ofsuch approval.

Watch the UTU Web site atwww.utu.org for updates.

(Paul Emert, general chairperson ofNorfolk Southern GO 898, was aUTUIA local insurance representativefor 26 years and has in-depth knowl -edge of insurance products and specialneeds of UTU rail members.)

Every UTU rail member would be eligible – guaranteedcoverage during the open enrollment period — regard-less of existing health conditions.

Mutual of Omaha

plan benefits:

✓ Guaranteed coverage

✓ UTU endorsed

✓ About $25 monthly cost

✓ 12-month benefit period

✓ $1,500/mo. max. benefit

✓ Tax-free benefits

✓ Mutual of Omaha rated A +

UTU rail members may soon have an affordable group disability insurance plan available to them



State Watch N ews from UTU State Leg i s l a t i ve Board s

Most bus, rail systemslack proper security

WASHINGTON – The first federal evaluation of mass-transit securityrevealed that more than 75 percent of the nation’s major bus and rail systemsaren’t meeting Homeland Security guidelines, USA Today reported.

By contrast, 96 percent of airlines are complying with security require-ments, according to a new report by the department. The report doesn’t iden-tify which rail and bus systems fell short.

The assessment comes as new Homeland Security Secretary Janet Napoli-tano says she plans to focus more on masstransit, possibly through “redeployment” ofresources from other areas.

“We’ve done an awful lot in the aviationworld,” Napolitano said last month. “Wecould pay more attention” to surface trans-portation security.

The department’s little-noticed evalua-tion, published on its Web site Jan. 15 justbefore Napolitano took office, found that 37of the nation’s 48 largest transit systemsaren’t complying with voluntary guidelinesset in 2007. There is no sanction for non-

compliance, said Paul Lennon, head of mass transit for the TransportationSecurity Administration (TSA).

Guidelines include training transit workers in security, running securitydrills regularly and sharing intelligence with other agencies.

“The threat is clearly real. Terrorists go after public-transportation sys-tems,” said Brian Jenkins, director of the National Transportation SecurityCenter of Excellence at San Jose State University.

Jenkins said major systems in cities such as New York and Washington havevastly improved security while smaller agencies “may not see this with thesame degree of urgency.”

The recent Homeland Security evaluation includes bus systems in the sub-urbs of Chicago and New York, and bus and light-rail systems in Buffalo, St.Louis and Sacramento. Such smaller systems might be appealing targets for“homegrown” terrorists who “operate fairly close to home,” Jenkins said.

A retirement reception was held recentlyin honor of Blaine Cleveland, assistantdirector of the Kansas State LegislativeBoard and member of Local 495, Salina.Several family members and friends attend-ed, including Blaine’s wife, Beverly. StateDirector Don Lindsey presented Blainewith a plaque and UTU Brass Lantern inappreciation of his more than 34 years ofservice to the board. “Blaine has the distinc-tion of being the longest serving legislativerepresentative in the history of the KansasState Legislative Board,” Lindsey said.

From left: Assistant State Legislative Director TyDragoo; Lindsey; former Assistant State LegislativeDirector Howard Ferguson and Cleveland.

South DakotaRick Davids, former state legislative director

and retired member of Local 233, Aberdeen, isrecuperating from brain surgery at a nursinghome in Hot Springs, S.D.

His wife, Judy, says Rick would love to hearfrom his old friends.

Send cards to him at P.O. Box 671, Edgemont,SD 57735-0671.

“Everybody really likes Rick,” said retiredWyoming State Legislative Director T.R. Shel-by. “He has been a good union member all hislife. Rick and I have been friends for more than30 years, and I know a note from his union broth-ers would cheer him up.”

North DakotaBNSF locomotive engineer and State Legisla-

tive Director John Risch thinks today’s trainhorns are too loud.

Risch was among a crowd testifying to legisla-tors last month for state aid to subsidize NorthDakota cities’ “quiet rail” efforts.

“We railroad workers wholeheartedly supportthis bill,” Risch told the lawmakers. “We likeblowing the whistle even less than people likehearing them.”

Colorado

UTU clout: Don’t think the UTU has clout withthe Obama administration? Consider the following:Sen. Obama was campaigning for the presidency inColorado. As he was walking a line of well-wishers,shaking hands and taking photographs, he saw aUTU logo being worn by State Legislative DirectorRick Johnson. He turned back to Johnson, pointed athim and said, “UTU!” “Obama lit up when he sawthat I was a member of the UTU,” Johnson said.“This kind of recognition will pay dividends for UTUmembers for years to come.”

Florida East Coast Railway dates to 1895,when it was incorporated by Henry Flagler, whowas co-founder, with John D. Rockefeller, of theStandard Oil Co.

By 1912, the railroad stretched from Jack-sonville to Key West, but the worst hurricaneever to hit the U.S. destroyed the line betweenMiami and Key West in 1935.

Portions of that trestle remain, and are seen onthe 125-mile drive along U.S. 1 to Key West.

Today’s FEC stretches some 600 miles withdouble track between Jacksonville and Miami,and the UTU represents both sides of the cab.

FloridaKansas

At FEC’s Bowden Yard in Jacksonville, from left, and allof Local 903, are engineer Gary Humphrey, conductorEvan Goforth and Local Chairperson Jim Bush, withGeneral Chairperson (GO 851) John Hancock at farright. In the backdrop is the FEC business car, St. Augus-tine, honoring America's oldest port.

Train horns today “are louder than they haveever been” and engineers are bound by federalrules to blow them without exception and atfull volume, Risch said, noting he now wearshearing aids.

Bill sponsor Sen. David Nething, R-Jamestown, wants the railroads’ fuel taxes madeavailable to cities to help them install quiet railcrossing protection.

Federal law allows trains to pass through thosecrossings without blowing their horns.

LACMTA negotiationsto begin in March

LOS ANGELES – Contract talks between the Los Angeles County Met-ropolitan Transportation Authority (LACMTA) andUTU-represented bus division employees on the car-rier will begin in March.

The contract expires at the end of June. Some 5,000UTU members are affected.

Contract talks will be lead by UTU General Chairperson James Williams. Key issues include elimination of pay tiers, job preservation in the face of

LACMTA budget cuts, and keeping employer pension fund contributionscurrent.

SEPTA positioning itselfto use federal stimulus

PHILADELPHIA – SEPTA’s board increased contracts to four engineeringfirms by $6.25 million last month to ensure there are ready-to-go projectswhen and if federal economic stimulus dollars arrive.

Between $225 million and $250 million in federal stimulus funding couldbe headed SEPTA’s way, SEPTA ChiefFinancial Officer Rich Burnfield said.

SEPTA has identified more than$400 million in projects, some ofwhich are already in the design phase, that will be ready to move quickly totake advantage of such funding, Burnfield said.

“It’s our understanding, based on what we are seeing in terms of legislationin Washington, you have to award contracts and commit funding for 50 per-cent of your allocation within 120 days,” Burnfield said.

Among the projects on the ready-to-go list are a $28 million renovation ofthe Girard and Spring Garden station on the Broad Street subway line and therenewal of the Croydon station on the R7 Trenton regional rail line. Otherprojects include the $14 million replacement of track at the Fern Rock shop,a $5 million replacement of a roof at the Woodland stop, and a $6.5 millionbridge rehabilitation program for five bridges.

Page 6 Page 7February 2009 UTU News February 2009 UTU News

www.utu.org / www.utuia.orgwww.utu.org / www.utuia.org

Some 4,300 UTU members in 38locals in 10 northeast quadrant statescomprise GO 049 (CSX).

Their general committee officersadminister their contracts some 1,000miles away on the outskirts of Jack-sonville, Fla. It is in Jacksonville – theheadquarters of CSX – where solu-tions to most member problems arebest achieved, owing to direct andtimely access to senior CSX officers.

That access makes a difference.Consider the success of the generalcommittee in eliminating a require-ment that potential hires pay fromtheir own pockets the approximate$4,000 tuition associated with school-ing at outsourced training facilities.

Working with the CSX Labor Rela-

GO 049 was an agreement allowingtrainmen hired after March 24, 2008,to choose a less comprehensivehealth-care plan beginning on theirfirst day of employment, with no costsharing contribution the first year.Otherwise, new hires do not gainhealth-care coverage until the fourthmonth of employment (after the firstmonth, effective Jan. 1, 2010).

The CSX’s Walbridge, Ohio, classification yard serves the auto industry, and also handlesiron ore and coal traffic arriving at the Toledo docks on Lake Erie. Discussing safety issuesare members of Local 1529, from left, Secretary & Treasurer and Legislative Rep. MikeObrock, Local President and Local Chairperson (E) Doug Losiewicz, Vice Local Chairper-son Bill Sterling, and Vice Local Chairperson Larry Faunt, who also serves as terminal safe-ty chairperson for all crafts. Losiewicz also is Local 1529’s webmaster (www.utu1529.org).

At Baltimore’s Locust Point Terminal, near historic Fort McHenry, CSX builds trainsheading south and west. From left are Local 610 yard foremen Zack Addair, John YeskerJr., Joseph Buie, Tom Desert and Robert Perlman. Desert is Local 610 president andvice local chairperson.

In Philadelphia, the CSX Eastside Yard is a former Baltimore & Ohio facility that participat-ed in the legendary “Alphabet Route” between East Coast ports and Chicago, involvingCentral of New Jersey, Reading, Western Maryland, Pittsburgh & West Virginia, Wheel-ing & Lake Erie, and Nickel Plate, with the routing CNJ-RDG-WM-P&WV-W&LE-NKP. From left are Vice Local 1373 Chairperson Brad Walter, Local 1373 President LeeMcKinney, trainman Mike Hodgson (L-1373), yardmaster and Local 1949 and Philadel-phia district safety chairperson Greg Lott, and Local 1373 Chairperson Mark Poserina.

Among CSX yards in Indianapolis, Ind., is the Avon general freight classification yard.From left are members from Local 1518: conductor Tim Sage, Local Chairperson ErikBelew, engineer Jeff Howard and conductor Bob Garrett.

GO 049 offices are in Jacksonville, Fla., giving the general committee immediate access toCSX executive offices. Reviewing the status of grievances are, from left, Vice GeneralChairperson Jeremy Ferguson (L-313), General Chairperson John Lesniewski (L-1534),and Vice General Chairperson Steve Mavity (L-298).

The CSX’s Garrett, Ind., yard serves local industry and receives road trains to and fromChicago. From left are Local 298 members, conductor and Legislative Rep. Bruce “Bo”Babbitt; engineer Kevin Decoursey, who is Local 298 secretary & treasurer and safety chair-person; and engineer and Local 298 Chairperson Jamie Modesitt. Local 298 is second inIndiana in average UTU PAC contributions and third in total UTU PAC contributions.Modesitt says his local boasts numerous fourth- and fifth-generation railroaders.

At Cumberland, Md., CSX operates a general classification yard, sorting traffic to andfrom Philadelphia, Baltimore and Richmond, Va. From left are Local 600 President JeffForeman, Local 430 conductor and RCO foreman John Shaffer, and Local 430 con-ductor J. D. Phillips.

GO 049 General ChairpersonJohn Lesniewski was elevated to hisoffice in July 2004, following theretirement of J.T. “Terry” Reed.Lesniewski hired out on the B&O inChicago in October 1972, and waselected Local 1534 chairperson inNovember 1982. After 26 yearsworking as a full-time trainman, hewas elected first vice general chair-

person of GO 049 in January 1999.He served on the national negotiat-ing committee during the 2004round of negotiations.

Says Lesniewski, “Our general com-mittee follows a single objective: Pro-vide our members professional repre-sentation through service, educationand full disclosure and disseminationof information.”

tions Department, GO 049 instituteda pilot project on former Baltimore &Ohio properties that assigned newhires to a CSX training facility nearAtlanta, with CSX paying the cost oftraining and putting the trainees onthe payroll immediately, with a bonuspaid upon completion of their firstand second year of service if theyremained injury and discipline free.

GO 049 officers, meeting regularly inJacksonville with CSX officials, puttogether a successful business plan, con-vincing CSX that bringing their trainingin-house could significantly increaseretention rates for new hires. CSX, theyobserved, was losing more than one ofevery three newhires within a year of

their first anniversary, imposing a consid-erable and unnecessary cost on the rail-road by using generic non-CSX trainingfacilities.

With GO 049 leading the way, allCSX general committees alsogained another valuable agreementfrom CSX. It ended a practice, rifewith opportunity for arbitrary dis-crimination, wherein CSX laborrelations officers cited adverse nota-tions on employee records to NMBneutrals without giving the employ-ee and UTU an opportunity torefute the charges through theirinvestigation rule.

A more recent accomplishment of

Better agreements deliver better working conditions

Beginning in 1933, CSXpredecessor Chesapeake &Ohio advertised its sleep-ing car services with amascot named, Chessie,and the slogan, “Sleep likea kitten.”

Chessie later gained amate, Peake, and they hadtwo kittens, Nip andTuck. During World WarII, Peake went off to fight,while Chessie promotedwar bonds. Images of the family adorned millions ofcalendars distributed by the railroad.

Following creation of Amtrak, Chessie promotedfreight service, but since has been retired, although theimage remains on many CSX freight cars.

History of the Chessie System Logo

JAMESTOWN, N.D. – On hot summer days,83-year-old Jim Carlascio and his fellow veteranscan be seen mowing the lawn at The All-Veter-ans Memorial at Fort Seward because “it has tobe done,” the Jamestown Sun reports.

For those who know him, it is no sur-prise.

Carlascio is this year’s recipient of theJamestown Area Chamber of Com-merce Outstanding Citizen of the YearAward.

(Carlascio is a member of Local 1344,Mandan, N.D.)

The annual award is given to some-one who has made a significant contri-bution to the community, as well as being well-known and respected throughout.

“Carlascio was one of the lead individuals forbringing the All-Veterans Memorial Wall here,”said Tara Kapp, membership and communica-tions coordinator at the Jamestown Area Cham-ber of Commerce.

Local Name City/State Local Name City/State Local Name City/State2 Frazier, Charles T. Oregon, Ohio2 O’Shea, Daniel E. Toledo, Ohio5 Murphy, Velorus V. Monett, Mo.5 Saker, William D. Fort Scott, Kan.

14 Fields, Paul H. Somerville, Ohio18 Combs, J.C. Springfield, Mo.98 Thomas, G.M. Watsonville, Calif.

145 McGuire, Samuel T. Houston, Texas171 Morsch, Byron J. Wataga, Ill.198 Marshall, William H. East Peoria, Ill.202 Wroblewski, Dennis T. Aurora, Col.204 Dunlap, Charles J. Wheat Ridge, Col.204 Stringham, Lawrence E. Yuma, Ariz.225 Jaynes, Ronald R. Attica, Ohio234 Goss, Almer C. Joliet, Ill.262 Cetenich, Robert D. Wakefield, R.I.278 Trattles, Owen R. Jackson, Mich.283 Tillman, Gerald D. Portland, Ore.298 Brown, Robert Lowell, Ind.298 Lemon, Elmer M. Peru, Ind.305 Coster, George H. Lincoln, Neb.316 Tehan, Carl F. Clinton, Iowa318 Kebach, J.I. Selinsgrove, Pa.318 Long, Herman F. Elysburg, Pa.322 Fritz, James M. Wisconsin Rapids, Wis.324 Kruger, H.A. Bothell, Wash.383 Lyons, William J. Louisville, Ky.385 Taylor, Frank E. Woodbury, Conn.445 Johnson, Robert D. St. James City, Fla.

453 Belangee, E.S. Clinton, Ill.493 Rees, William R. Colesburg, Iowa507 Mill, Harold Coweta, Okla.507 Watson, Melvin E. Central City, Ark.524 Young, Johnnie Paragould, Ark.527 Mathis, Claude C. Parsons, Kans.535 Sagnibene, Sam Macon, Ga.577 Dunaway, Thomas G. Springfield, Ill.586 Woodmansee, Charles J. Crestline, Ohio594 Adams, James L. Commerce, Texas622 Thompson, R.W. Vance, Ala.650 Fahey, John J. Broadview Heights, Ohio674 Law, Robert A. N. Augusta, S.C.756 Yancey, James L. Corpus Christi, Texas830 Inman, Shawn W. Carlisle, Pa.832 Hunter, Chad J. Eustis, Fla.832 White, William A. Superior, Wis.847 Hicks, Glendon S. Warrior, Ala.940 Jarvis, Billie H. Wichita Falls, Texas974 Katzenberger, Eddie J. Lynnville, Tenn.

1011 Snead, Jerry M. Ellerbe, N.C.1033 Harwell, Idus S. Conyers, Ga.1042 Roe, John D. Tulsa, Okla.1059 Schimetz, Thomas R. Minot, N.D.1074 Rhoades, Richard S. Strattanville, Pa.1075 Ullom, Roger W. Toledo, Ohio1137 Hanson, Harold V. Lake Park, Minn.1200 Kerber, Jack E. Portola, Calif.1216 Smith, Norman G. Gladstone, Mo.

1241 Brown, Charles W. Yarnell, Ariz.1245 Pless, Talmadge J. Lula, Ga.1299 Parks, Dale K. Homewood, Ill.1313 Myers, W.F. Benbrook, Texas1376 Pope, Warren E. Hilliard, Ohio1388 Dodson, Jack A. Ozark, Mo.1388 Robb, George B. Cordova, Tenn.1402 Rhoads, Arthur L. Jefferson City, Mo.1491 Donachie, Charles R. Scranton, Pa.1518 Miller, Paul R. Bellefontaine, Ohio1544 Kelso, Richard L. Oceanside, Calif.1557 Thornton, Albert Arlington, Tenn.1564 Gaines, Gary E. Los Angeles, Calif.1570 Baker, Fulton E. Citrus Heights, Calif.1597 Cleland, Clifford M. Crete, Ill.1626 Miller, Clellis E. Palmer, Alaska1628 Faupel, Henry B. Clearwater, Fla.1629 West Jr., Walter C. Glendale, Ariz.1638 Long, Leon A. Bay Village, Ohio1709 Beckley, George R. Muskegon, Mich.1709 Lambert, Joffre R. Muskegon, Mich.1770 Dufford, William J. Henderson, Nev.1929 Waichel, Leonard A. Belleville, Ill.1949 Roach Jr., Patrick J. Brick, N.J.

Correction: John J. Brown, a member of Local 330 who lives in Gepp,Ark., was erroneously reported in this column. “I am still alive andkicking,” he wrote. UTU News regrets the error.

T H E F I N A L C A L L

Following are the names of recently deceased members who maintained annual membership in the UTU Alumni Association (formerlyknown as the UTU for Life Program), according to reports received at UTU International Headquarters. These brothers and sisters willbe missed by their many friends and by fellow UTU Alumni Association members.



News, information for members of the UTU Alumni Association

UTU aligns with Landfall American Express Travel

His work with veterans affairs and volunteerwork throughout the community are the primaryreasons he is receiving the award.

Carlascio spearheaded a project to sell bricksthat people could inscribe to raise fundsfor the All-Veterans Memorial Wall atFort Seward.

In his opinion, it his greatest accom-plishment for Jamestown. He has soldclose to 1,400 bricks. “They sold like hot-cakes,” Carlascio said.

Even thought the memorial is com-plete and dedicated, Carlascio is still sell-ing bricks. There is still space availablefor bricks on the walkway around the

f l a g p o l e .Carlasico also visits nursing homes, basic care

and Alzheimer’s units. Last Christmas, Carlasicodonned Santa apparel and visited patients inmedical facilities. He currently serves as the pres-ident of the Disabled American Veterans chapterin Jamestown.

from motorcoach tours of the Southwest to cruis-es of the New England coastline.

The UTU anticipates offering its AlumniAssociation members two to three group-travelopportunities a year so they can meet, enjoy theirvacations and have fun.

The UTU has just signed a deal with LandfallAmerican Express Travel to offer members ofthe UTU Alumni Association great deals ont r a v e l .

UTU Alumni Association members are auto-matically enrolled in the UTU Travelers’ Club,which sponsors excursions geared to the interestsof retirees. The union’s new association withLandfall American Express Travel now opens upa world of travel opportunities for Travelers’ Clubmembers.

UTU Alumni Association members arebeing asked to log onto Landfall AmericanExpress Travel’s Web site (www.landfalltrav-el.com) so they can fill out a questionnaireabout their travel wants and needs.

With this data, the UTU will be able to offerTravelers’ Club members the travel opportunitiesthey seek, from all-inclusive resorts to cruises,

Landfall American Express Travel, through itspartnership with American Express (the largestpurchaser of travel products in the world), is ableto offer the lowest airline and leisure fares in theindustry.

UTU Alumni Association members, as well asactive UTU members, can save time and moneyon personal and business travel by dealing withthe professionals at Landfall American ExpressTravel.

“We do all types of travel and reservations,”owner Ann Huber said. “We are a full-serviceagency, not just the group trips. We will alwayssearch for the best trips to eliminate any hasslesfor the travelers.”

To contact Landfall American Express Travel,call toll-free (800) 835-9233, email“[email protected]” or write them at14724 Detroit Ave., Lakewood, OH 44107.

Alumni Association members: Take the Landfall Travel survey!

UTU retiree named ‘outstanding citizen’

Carlascio

R a i l roaders to picnicin St. Petersburg, Fla.

Retired member Joe Alenduff isagain organizing an annual picnic for rail-roaders in the St. Petersburg, Fla., area.

The event, scheduled for Sat., March21, will run from 11 a.m. to 3 p.m. at Shel-ter 15 in Ft. DeSoto Park in St. Peters-burg.

Coffee and iced tea will be furnished.Participants are urged to bring two cov-ered dishes to share, their own place set-tings and cups.

All railroaders, their friends and rela-tives are welcome and encouraged topass the word, Alenduff said.

Take U.S. 19 South, or Exit 17 on I-275at St. Petersburg and follow the signs.

For more information, contact Alenduffat (727) 522-6808 or send an e-mail tohim at [email protected].



A d d i t i o n a l l y, he or she will be honored at the2009 UTU/UTUIA Regional Meeting nearesthis or her home, with all expenses paid byU T U I A .

Also, 20 runners up will be selected to receivecertificates of appreciation for their volunteerefforts.

Nominations must be received or postmarkedby Monday, April 13, 2009.

The winning individual will be notified by reg-istered mail, and certificates of appreciation willbe forwarded to runners up as soon as possible.

The decision of UTUIA judges is final. Previ-ous nominees may be nominated again; however,former Volunteers of the Year are ineligible toreceive awards.

The Volunteer of the Year program is anopportunity for the men and women of theUTUIA to let their fraternal lights shine.

It also provides an opportunity for UTUIA torecognize its volunteers for their outstandingcontributions to others.

Nomination forms should be mailed to: UTU-IA Volunteer of the Year, Attn.: Tony Martella,Director of Insurance, 14600 Detroit Ave.,Cleveland, OH 44107-4250.

Do not forget to include a separate sheet ofpaper describing the applicant’s volunteer activ-ities.

UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION2009 Volunteer of the Year Nomination Form

Please attach a separate sheet of paper describing volunteer activities.The more documentation you can provide, the better. 2/09

Name

Address

City State ZIP

Telephone number

Total volunteer time (hours, minutes) Weekly Monthly Value of contribution (if applicable)

Dates of volunteer activities

Local

$❑ ❑

UNITED TRANSPORTATION UNION INSURANCE ASSOCIATION, 14600 DETROIT AVE., CLEVELAND, OH 44107-4250

The United Transportation Union InsuranceAssociation is looking for a special person tohonor as its 2009 Volunteer of the Year.

Do you regularly volunteer at a hospital ornursing home? Do you lead a Boy Scout or GirlScout troop or work with the handicapped? Areyou involved in some other activity that benefitsthose in your community?

If so, the UTUIA would like to know about it.A panel of judges at the UTU International

will review all submissions and select the 2009Volunteer of the Year.

The individual selected as UTUIA Volunteerof the Year will receive a $1,000 U.S. SavingsBond and a plaque of appreciation from theUTUIA.

UTUIA seeks 2009 Volunteer of the Year

UTUIA is currently paying 4.25 percent interest onIRAs and annuities. Although that rate can changefrom time to time based onUTUIA’s investment earn-ings, you will never earnless than our guaranteed 3percent interest rate.

Give us a call toll-free at(800) 558-8842, or com-plete and return thecoupon at right to receivemore information.

You’ll fall in love with our interest rate!

Information, please

I would like more information on the following UTUIA annuities. Please print.

Full name

Address

Telephone number with area code Sex

City State

Are you currently employed? Yes No

ZIP

UTU local numberDate of birth

Complete and mail to: UTUIA Sales Dept., 14600 Detroit Ave., Cleveland, OH 44107-4250 02/09

❑

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Traditional IRA ❑ Roth IRA ❑ Flexible Premium Annuity



DAVID R. PAOLIPaoli, Latino & Kutzman P.C.257 W. Front St., Ste. AMissoula, MT 59802(406) 542-3330(800) 816-9699 toll [email protected]

Injured workers or their families often fall prey to persuasive claims adjusterseager to gain a quick and cheap settlement for their railroad employers. Inorder to prevent yourself from falling prey to the railroad’s claims adjusters,it is vital to have the experience and expertise of UTU Designated LegalCounsel on your side. A DLC will make sure you receive the protection pro-vided by the FELA.

JOHN T. PAPACallis, Papa, Hale, Szewczyk, Rongey & Danzinger P.C.1326 Niedringhaus Ave.Granite City, IL 62040(618) 452-1323(800) 851-3105 toll [email protected]

Knowledge is power. Knowing how the law applies to your circumstancesenhances your ability to protect yourself and your family, especially whenyou are injured. Whether hurt in a particular incident or by exposure topoorly designed equipment or dangerous substances like asbestos or lead, theUTU Designated Legal Counsel program gives you the experience, knowl-edge and power to protect yourself.

There is no more dangerous work environment than on the railroads,where injuries too often are severe. The Federal Employers’ Liability Act(FELA) makes railroads accountable for unsafe working conditions. Rail-roads retain skilled attorneys to protect their interests. You also have accessto skilled and experienced attorneys who understand the railroad industry, its

safety hazards, and every aspect of the FELA. They are the UTU DesignatedLegal Counsel, chosen for their special knowledge and experience. Their jobis to represent you. This continuing column introduces you to all of the UTUDesignated Legal Counsel. For a complete listing, go to the UTU home pageat www.utu.org and click on the blue tile, “Designated Legal Counsel.”

Meet your UTU Designated Legal Counsel

Entry-rate disputeto head to panelContinued from page 1

Officers face trial by Executive BoardContinued from page 1

LIRR’s Simon fights to retain ticket-booth jobsGARDEN CITY, N.J. – The Garden City

Hotel was a hub of activity last month when theMetropolitan TransportationAuthority (MTA) Board helda hearing on proposed fare, tolland service changes.

Long Island Rail Road Gen-eral Chairperson AnthonySimon was on hand to fight forhis members.

Tw e n t y L I R R t i c k e tbooths are on the chopping

block, categorized by the agency as the “leastutilized.” That has raised concerns by Simonand others for the safety provided by a liveperson as well as help when some senior riders

cannot operate the computerized ticketm a c h i n e s .

Floral Park Trustee Thomas Tweedy stated thatthe ticket attendants “should be among the lastpositions eliminated instead of the first.”

Simon agreed, noting that there are currently 30manned stations with 25 managers to oversee them.

Simon pointed out that across the street from thehearing a ticket clerk was present in the GardenCity station to assist customers along with a repaircrew sitting in wait “because they didn’t want to getembarrassed when the MTA board is here. Thatspeaks volumes for rideability and the confidencethe LIRR manager has for the machines.”

Simon later added that the union had madeconcessions of more than $400,000 several times

ing the carriers’ dark days of the 1970s, whenmany railroads – much like the automobileindustry today – were mired in financial lossesand facing poorer prospects.

The question put to the arbitrator Dec. 4 waswhether the carriers complied with their writtenpromise to deal with the entry-rates issue; and, ifnot, what is the appropriate remedy for the carri-ers’ non-compliance?

The UTU told the arbitrator that the remedyshould be an award that requires a 60-day negoti-ating period with a mandate that the parties sub-mit the dispute to interest arbitration if the dis-pute remains unadjusted after the 60-day negoti-ating period.

brought by rank-and-file UTU members, and arebeing heard under provisions of Article 25 of theUTU constitution.

Judge Adams held that the International vicepresidents on trial are “subordinate officers” ofthe UTU and that the “International president isthe executive head of the UTU, who alone exer-cises general supervision over its affairs [and] isthe person who establishes the policy” as provid-ed by the UTU constitution.

Said Judge Adams, “[The UTU International

officers standing trial] have arguably violated theiroath [and] refused to follow the directives of theInternational president under whom they serve.”

The court held that Futhey, in decliningto implement the merger, was following rul-ings of the court that the merger “processthat was utilized was defective” and that theInternational officers on trial, who are “sub-ordinate [to the International president]have chosen to go a different path, and havedone so, candidly. ”

Judge Adams said he found “troubling” thatthe International officers on trial are acting“as proxies…of another union [that] admit-tedly is paying them for their services…toobtain some personal benefit” and that thecharges against them “are about much morethan merely [free] speech.”

He said “there has been evidence [present-ed] which indicates that the SMWIA hasdevoted and directed substantial sums ofmoney toward this effort” and that the Inter-

Simon

Federal Judge John Adams:Futhey was following rulings of thecourt that the merger process was“defective.”

national officers on trial “are unwilling toparticipate in any efforts to try to resolve thismatter” and that there is “enough evidence inthe record to lead one [to conclude] that theyare acting not on their own behalf but onbehalf of the SMWIA.”

In a declaration provided the court prior tothe hearing, Futhey presented evidence thatformer UTU International President PaulThompson knew that the conflicts in the twounions’ constitutions would have permittedthe SMWIA, as a controlling union followingthe merger, to make changes in the UTU con-stitution “that we can never” get passed byUTU delegates.

Thompson, in comments recorded before heleft office, said that a number of constitution-al amendments previously approved by UTUdelegates would be reversed once the mergerwas consummated.

to keep the ticket windows open but was reject-ed. “This means one thing to me, one thing toour customers and my members: budget or nobudget problems, these ticket windows you wantclosed,” and vowed to fight for no closings.

Stations slated to have window closings areForest Hills, East New York, Kew Gardens,Oceanside, Nostrand Ave., Little Neck, Beth-page, Hewlett, Lindenhurst, Douglastown, NewHyde Park, Woodmere, Cedarhurst, Floral Park,Rosedale, Massapequa Park, Farmingdale, andNorthport. Floral Park, the last manned stationon the Hempstead line, is uniquely situated sinceit is the westernmost access to the main line andsituated for inter-island travel, Simon said.

White House doorsnow open to labor

WASHINGTON – After being shut out foreight years, the leaders of federal employeeunions felt good to be among those invited intothe fold by the new administration, accordingto Joe Davidson of the Washington Post.

“ Welcome back to the White House,” Vi c ePresident Biden told a group of labor leaderswho gathered in the East Room last month.They were there to meet with President Obamaand Biden and to witness the signing of execu-tive orders affecting federal contractors and theannouncement of the formation of the Ta s kForce on Middle Class Working Families.

After the meeting, the group moved to theBlue Room, where the boss-in-chief spokewith each union boss individually. That kindof thing simply did not happen under Presi-dent George W. Bush.

“Never” is the way Colleen M. Kelley, 10-year president of the National TreasuryEmployees Union, put it. “I never, ever wasinvited to meet with the president, and Inever did in eight years.”

John Gage, president of the AmericanFederation of Government Employees, saidit was his first time in the White House, buthe doesn’t expect it to be the last.

“It’s a pretty heady time for federal work-ers,” he said. “It’s certainly a coming out ofthe wilderness.”



Imbrogno serves the UTU and UTUIA as asecond shift computer operator. He earned adegree in business from Cleveland State Univer-

sity before starting with theUTU in 1997. “Working thesecond shift, I work unsuper-vised and at my own pace so Ihave to make sure that every-thing gets done in time. I runoff UTUIA insurance checks,D/IPP checks, claim requests,print monthly local-billing

statements, put updates on the computer net-work, and do many other tasks. Many jobs areonly run once a month so the end of the monthcan be hectic. I like that every day poses a differ-ent challenge.”

Oros serves the UTU and UTUIA as assistantdirector of the Information Services Department.He started with the union in 1976 as a clerk in

the Accounting Department.He took night classes to learncomputer programming and isabout to complete his degree inaccounting at Cleveland StateUniversity. He also earned hisfellowship with distinctionfrom the Life Office Manage-ment Association. “Most of

the work I perform revolves around the UTUIA,supporting the various insurance-related depart-ments. I am the behind-the-scene kind of guy,making sure things run smoothly and resolvingany problems that arise.”

Hann is an auditor in the union’s BillingDepartment. She started in 1989 in the Updat-ing Department. She has worked in the File

Room, and as a UTUIA insur-ance administrator, a claimsadjuster, and as an investmentrepresentative. She alsoearned an Associate of Cus-tomer Service designationfrom the Life Office Manage-ment Association. Her respon-sibility is to oversee the

billings of about 100 locals. “Members and localtreasurers call me with questions about member-ship status, insurance status and retirement ques-tions. We have terrific local treasurers; they areso conscientious about what they do. They real-ly care about their members.”

THE UTU INTERNATIONAL STAFF:HERE TO SERVE YOU

JAMES IMBROGNO JOE OROSBARB HANN

PHILADELPHIA – Amtrak conductor and UTU member Gregg Weaverrecently had the ride of his life.

Weaver, 55, of Fairless Hills, Pa., was one of about 40 “everyday Ameri-cans” picked by then President-elect Barack Obama and Vice President-electJoe Biden (D-Del.) to ride the train they took to the inauguration.

Weaver is a member of UTU Local 838,Philadelphia.

At the station, Weaver introduced Biden asObama, his wife Michelle, reporters and staffarrived in Wilmington, Del., on the 137-milepreinaugural, whistle-stop train trip from Philadel-phia to Washington.

Weaver noted that Biden sometimes had tosprint up the stairs at the station to catch his trainafter dropping off his children at school.

“Joe, don’t worry about missing this train. It’swaiting for you to take you to your inauguration asvice president of the United States of America!”said Weaver, who described Biden as “Amtrak’s No.1 commuter.”

“It’s a great honor just to be his guest and be rec-ognized,” Weaver said.

Those chosen to accompany Obama and Bidento Washington represent the struggles and tri-umphs of Americans who make “extraordinarycontributions to the life of this country,” accordingto a statement by the Inaugural Committee.

“Each one of these families has their ownremarkable story to add to our American story,and we’re thrilled they’ve agreed to join us as wetravel to Washington,” said Josh Earnest, communications director for thec o m m i t t e e .

Weaver first met Biden decades ago, when he often worked on the eveningtrain that took Biden home each weeknight. For the last six years, Weaver has

worked on No. 2103, which leaves New York City about 6 a.m. and stops inWilmington at 7:35 a.m., where Biden would board. The train rolls intoWashington about 9 a.m., Weaver said.

Weaver would sometimes sit down to a cup of coffee with Biden, and theywould talk about their families.

Weaver considers Biden a friend, but he knowsthat Biden is much more than the regular guy heseems.

“The man’s so brilliant, I’m not in his league todiscuss politics,” Weaver said. “He gives me a reallyquick lesson on what’s going on in another country.I try to follow along.

“He said that ‘you guys are like family to me’speaking of the conductors, all the conductors.That’s kind of touching, you know, the vice presi-dent of the United States feels that way about meand the other conductors,” Gregg said.

Weaver says he will miss Biden’s smiling faceon the train every morning now that Biden isresiding in Washington, but hopes that the vicepresident will find a way to ride the train ono c c a s i o n .

Weaver and his wife Carol also were invited toattend the inauguration events, including one of theballs.

“I got to dance with the first lady, and my wifewith the president,” Weaver said. “I also was on theLarry King Show, met Denzel Washington, the pilotwho landed the plane in the Hudson, and a wholebunch of rock and rollers,” Weaver said.

Weaver said Biden “has been fighting for us since day one. That’s why I wasso honored. I got to introduce my friend.”

“A lot of congressmen ride my train and they are all now interested in theAmtrak cause and helping the railroads grow stronger,” Weaver said.

UTU member rides Obama inauguration train

UTU member Gregg Weaver, right, introduces Vice President-elect Joe Biden at the Wilmington, Del., Amtrak station.

CHICAGO – More freight trains will berolling through suburbs lining the Elgin, Joliet &Eastern Railway starting March 4 now that theline has been acquired by the Canadian Nation-al Railway, the Montreal-based railroadtold the Chicago Tribune.

After more than a year of regulatoryr e v i e w, hearings and contentious debate, theCN closed its $300-million deal to purchasethe EJ&E and took over the line Feb. 1.

Opponents vowed to continue theirfight against CN’s plans to re-route freighttraffic through their suburbs. They willurge a federal court in Washington thismonth to order regulators to reconsider approvalof the acquisition.

CN plans to use the EJ&E line, which runsfrom Waukegan to Joliet and Gary, so its cross-continental freight trains can bypass Chicago’scongested rail corridor.

tral line and onto the EJ&E tracks at a crossingjust south of Mundelein.

According to CN estimates, suburbs south ofthis connection, including Lake Zurich, Barring-ton and Hoffman Estates, will see an increase intrains of from five to 20 a day.

But suburbs along the former Wisconsin Cen-tral line, such as Buffalo Grove, would see adecrease in trains, from 19 to two a day, accord-ing to the CN projections.

Karen Darch, village president of Barringtonand co-chair of a coalition of suburbs opposed toCN’s plans, said authorities would begin warningresidents of the additional trains.

“Public safety is our No. 1 concern,” Darchsaid. “Given CN’s safety record, which has notbeen the best, we hope they will operate withextreme caution and follow adequate safety pro-cedures as they start to run those trains.”

The federal Surface Transportation Boardapproved the acquisition Dec. 24, but the deci-sion did not become effective until Jan. 23. Thedeal closed Jan 30.

CN says acquisition of the EJ&E will gener-ate greater rail efficiencies and environmentalb e n e f i t s .

“Streamlined rail operations, along withreduced congestion resulting from theacquisition, are critically important to theChicago region’s economy and its contin-ued role as one of America’s most importanttransportation hubs,” E. Hunter Harrison,CN’s president and chief executive officer,

said in a statement.CN said it had not yet determined how

many additional trains would be added start-ing March 4.

One likely scenario is that CN will begin byswitching trains off the former Wisconsin Cen-

CN completes purchase of EJ&E; traffic to be diverted

This month’s winning photo:

Periodicals Postage

PAID at Cleveland, Ohio,

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Mailing Offices

ISSN 0098-5937

Published monthly (except forcombined months of Dec-ember/January and July/August)by the UNITED T R A N S P O RTA-TION UNION, 14600 DETROITAVE., CLEVELAND, OH 44107-4250 • Periodicals postage paidat Cleveland, Ohio, and addition-al mailing offices • Mike Futhey,International President; KimThompson, General Secretary &Treasurer • This publication avail-able on microfilm from NationalArchive Publishing, P.O. Box 998,Ann A r b o r, MI 48106.POSTMASTER: Send addresschanges to UTU News, 14600Detroit Ave., Cleveland, OH4 4 1 0 7 - 4 2 5 0 .

FEBRUARY 2009

Please recycle

This month’s winning photo:The UTU Public Relations

Department awards UTU gearto the union member who sub-mits the best photograph dur-ing the previous months.

The winning photo will bepublished in the UTU News.Exceptional photographs willbe included on the UTU Website.

The UTU would like to seephotographs or digital photo-graphs of work-related scenes,such as railroad, bus or masstransit operations, new equip-ment photos, scenic shots,activities of your local, or pho-tos of your brothers and sisterskeeping America rolling.

Printed photographs shouldbe mailed to UTU News,14600 Detroit Ave., Cleveland,OH 44107.

High-resolution digital pho-tographs should be in the JPEGformat and e-ma i led to“[email protected]”.

With each photograph,please include your name andUTU local number, the namesof the persons in the photo (leftto right), where the photo wastaken, and all other pertinentinformation.

All photographs submittedbecome property of the UTU.

Remember to review youremployer’s policies regardinguse of cameras on the propertyor during work hours.

This month’s winning photograph was taken by Ryan Kertis, a student engineer out of Local1526, Michigan City, Ind. “This is a shot of the first new Nippon Shairo double-deck commutercars delivered to the South Shore (Northern Indiana Commuter Transportation District),” Kertissaid. “These are the first two cars of a 14-car order placed by the railroad.”


Strong contracts meangood jobs on CSX. Seepages 6/7.

UTU member Weaverrides the inaugurationtrain. See page 11.

Member Matt Bownrode trains to extreme.See page 2.

President Barack Obamaknows UTU when hesees it. See page 5.

Inside this issue of the UTU News:

4 1

The Official Publication of the United Transportation Union

Number 2Volume February 2009

www.utu.orgwww.utuia.org

WASHINGTON – Any federal funds flowing tofreight railroads as part of a stimulus package, or invest-ment tax credit or loans, should be accompanied by arequirement that the railroads not use the money fortechnology that eliminates jobs.

That was the principal message Jan. 28 of the UTU tothe House Rail Subcommittee,which sought public comment onthe current state and future of therail industry.

With the Obama administrationand Congress committed to puttingAmericans back to work and keep-ing them on the job, any actions byrailroads to use public dollars forelimination of jobs would be in vio-lation of public policy, said theUTU.

UTU National Legislative Director James Stem testi-fied that the slumping economy already is responsible forthe furlough of some 12 percent of train, engine and yardemployees, and more job cuts are expected.

“We hope that the requirements of receiving any fed-eral funds will neither promote nor allow a race to thebottom on wages or elimination of existing jobs,” Stemsaid.

He said that “at least one railroad is planning to pay forthe implementation of the positive train control (PTC)system required by Congress by attempting to operatetheir trains with only one employee on the train, andusing federal funds to accomplish the goal.”

Public safety is another reason why single crew-memberoperation of trains with PTC is not feasible, Stem said.

“The responsibilities of the railroad to operate safelyover public rail/highway grade crossings, to inspect themoving train at every opportunity, to open public cross-ings quickly when blocked by a stopped train, and tointeract with emergency responders are issues that arenot addressed by any PTC system, and such systems werenever designed to do so,” he said.

Two crew persons are required to make simple repairsand to interact with local emergency responders follow-ing a derailment, a grade-crossing collision, or a trespass-er injury or fatality. Over a recent five-year period, saidStem, more than 22,500 grade-crossing accidents, tres-passer fatalities and suicides on train tracks occurred inthe U.S.

“The use of federal funds to install a PTC system, whileattempting to experiment with single-person operation,would disregard the safety of other railroad crews, thecommunities that are served, and the customers’ wellbeing,” Stem said.

UTU: ‘Tie stimulus funding to rail jobs’

Stem

Documents

Entry-rate dispute heads to work-rules panel