International Association of Sheet Metal, Air, Rail and Transportation Workers

PEB 248 issues report in NJT/labor dispute

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

Transportation Division News

A rally against right-to-work was held in Mis-souri, Sept. 12, and was attended by hundreds ofunion members from across the state, includingmembers of SMART. Governor Jay Nixon (D)vetoed the right-to-work legislation June 4 at theSMART Sheet Metal Local 36 facility. Sincethen a battle has been raging in the state to getthat veto overturned. “The SMART TD Missouri State Legislative

Board was privileged to work with a great groupof labor leaders who spent tireless hours meetingwith our friends in their districts since the end ofthe regular session in May,” Missouri State Leg-islative Director Ken Menges said. “Since theend of session, with canvasing efforts, phonebanks, urgent member meetings and local meet-ings nearly 20,000 letters, cards, phone calls andvoicemails were delivered to legislators at thecapitol.”A special veto session was held Sept. 16 to

override Gov. Nixon’s veto of the legislation. Tooverride the veto, the republican supermajorityneeded 109 votes, but failed by a vote of 96-63.The legislators voting to sustain the veto includ-ed 20 Republicans, 42 Democrats and one Inde-pendent.“This victory demonstrates the importance of

elections and being involved in the political are-na,” Menges said. “Without a Democratic gover-nor and grass roots efforts by our members tosecure bipartisan support, Missouri would be aright-to-work state today. Our friends on both

Continued on page 10

Joseph Sellers Jr., SMART General President • Rich McClees, SMART General Secretary-Treasurer • John Previsich, President, Transportation Division

FRA announces final rule to help prevent runaway trainsWASHINGTON – The

Federal Railroad Adminis-tration (FRA) issued a finalrule to prevent unattendedtrains that carry crude,ethanol, poisonous byinhalation (PIH), toxic byinhalation (TIH) and otherhighly flammable contents

from rolling away. Railroad employees who areresponsible for securing a train will now be per-manently required to communicate with anotherqualified individual trained on the railroad’ssecurement requirements to verify that trains andequipment are properly secured. “Today’s rule is part of the Department of

Transportation’s comprehensive effort to bolsterthe safety of trains transporting crude oil and oth-er highly flammable contents,” said U.S. Trans-portation Secretary Anthony Foxx. “Verifyingthat a train has been properly secured is a com-mon sense solution to prevent accidents.”The final rule will go into effect 60 days from

publication in the Federal Register. Exterior lockson locomotives will also be required by March 1,2017, and must be utilized when a locomotive hasbeen left unattended.The new rule requirements include:

• A qualified and trained railroad employee toproperly secure the equipment and verification ofthe securement with a second trained and quali-fied employee;• Additional communication, including job

briefings among crew members responsible forthe train securement;• Properly installed and utilized exterior locks

on locomotives;• The setting of sufficient handbrakes;• Removal of the train reverser; and• The proper use of train air brakes.The rule applies to the following trains left

unattended on a mainline, siding and rail yard:• Trains carrying any PIH and TIH hazardous

materials; and• Trains carrying 20 or more cars of other high-

hazard flammable materials.

“Where the Federal Railroad Administrationcan take smart steps to quickly raise the bar onsafety, it will, and that is exactly what we aredoing today. Requiring that an additional,trained individual double-check that the hand-brakes have been set on a train will help stop pre-ventable accidents,” said Acting AdministratorSarah Feinberg. “While today’s rule came out of

Volume 47 • Number 6 October 2015

Conductor dies in CN

switching accident

Continued on page 10

Presidential Emergency Board 248 has issuedits recommendations to settle the four-year con-tract dispute between New Jersey Transit (NJT)and the Rail Labor Coalition of 14 unions repre-senting 4,300 union workers.The recommendations on the major issues of

wages and health insurance contributions fallmuch closer to the terms proposed by the Coali-tion than those proposed by NJT, although theBoard did backload its wage recommenda-tions to accommodate the railroad’sbudgetary concerns.The PEB found that the Coalition

proposals were appropriately based onsettlements in the commuter industry,while the company’s unprecedented reliance ona state worker concessionary contract was notpersuasive.Coalition spokespersons said, “The Presiden-

tial Emergency Board, composed of three veter-an, distinguished neutrals, has proposed termsthat represent a reasonable compromise approachto settlement. We sincerely hope that New JerseyTransit will now take this opportunity to bringthis protracted dispute to an end.”The board’s recommendations are non-bind-

ing, and the parties now have 120 days to reachagreement based on the recommendations.

Summary of PEB 248’s RecommendationsThe Board recommended wage increases total-

ing 18.4 percent in compounded wage increasesover 6.5 years or 2.6 percent per year. Whenincreases for health insurance were factored in,the recommendations totaled 17.7 percent overthe term or 2.5 percent a year.“Over the years wage settlements at NJT have

closely followed the general trend of wagechanges at the other large commuter railroads inthe region, including LIRR, Metro-North,S E P TA and MBTA. ...The Board’s recom-

mendations are consistent with the averageannual uncompounded wage increases at the fourother large commuter rail carriers. The averageannual wage increases at all four of these com-muter railroads is 2.6 percent, the same nominalwage rate increase recommended by the Board.”Although the board recommended an increase

in health insurance contributions and anincrease in co-payments, it rejected NJT’s pro-

posal for a new and inferior insurance planand their proposal to make employeesresponsible for 50 percent of excise taxesincurred as a result of the AffordableCare Act.“The Carrier’s proposal falls outside the

current health insurance contribution trends inthe industry. Our recommendation would movethe employees’ contributions from 1.8 percent to2.5 percent, which we do not consider an unwar-ranted increase.”The PEB rejected NJT’s proposal to eliminate

employee ridership passes. The Board also reject-ed NJT’s proposal to reduce amounts to new hire401(a) contributions and also recommended pro-visions for conductor certification pay.What Happens NextThe Coalition and NJT have until November

12 to negotiate a voluntary agreement. If noagreement is reached by that time, either side orthe Governor can invoke a second PresidentialEmergency Board. That PEB will select the mostreasonable final offer. Its recommendations againwill be non-binding. The parties will then haveuntil March 11, 2016, to reach a voluntary agree-ment. If no agreement is reached, self-help(strike) would then be possible.The Coalition believes PEB 248’s recommen-

dations provide a fair compromise and the basisof a voluntary agreement. New Jersey Transit isstill evaluating the recommendations and decid-ing on its next steps. No negotiations have yetbeen scheduled.

Labor prevails in Missouri

Ryan D. Edwards, 27, of Schererville,Ind. was fatally injured July 25 while per-forming switching operations at CanadianNational Markham Yard in Homewood, Ill.Edwards (Local 1299 of Schererville, Ind.)hired out in August of 2011.Throughout his career with the railroad,

Edwards worked as an intermodal operator atBNSF and as a freight train conductor atboth CSX and CN. While at CSX, Edwardsgraduated number one from his trainingclass.Edwards attended Columbia College in

Chicago. He was an avid St. Louis Cardinalsbaseball fan and could often be seen wearinga Cardinals hat. Edwards married his wife, Victoria, May

22, 2010, and welcomed her two children,Edward and Emily, as his own. They laterwelcomed his son Ryan “RJ” into their fami-ly. He loved his family tremendously.Edwards leaves behind wife, Victoria; their

three children Emily, Edward and Ryan; hisparents Nicole and John; his siblings Scottie,Tyra and Joshua; his great grandmother;grandparents and many other friends andfamily.SMART TD General Chairperson Adren

Crawford (Canadian National GO 433)reports, “The NTSB is investigating alongwith the SMART TD National Safety Team.Please keep his family and friends in yourthoughts and prayers during this very diffi-cult time.”

Page 2 October 2015 SMART TD News

Around the SMARTAround the SMART TDTD

www.smart-union.org / www.utu.org / www.utuia.org

UTUIA Field Supervisor David Landstrom,Director of Organizing Rich Ross and Auxiliaryof the UTU President Kathryn Hastings were onhand throughout the meetings to share theirexpertise with members. Thompson organized themeetings with the help of Local President JohnCain, Local Chairperson Brad Warren, LocalInsurance Representative Nate Hubenka, LocalChairperson Wilfred Olmos and Legislative Rep-resentative John Niles.

Local 903, Jacksonville, Fla.Joseph E. Kight, 71, of Jacksonville, Fla., died

Monday, Aug. 3. Kight was a retired Florida EastCoast Railway engineer. He was first admitted toSMART TD (formerly the United TransportationUnion) on May 1, 1994 and held the position ofassistant general chairperson (GO 851). He is sur-vived by his wife of 50 years Judy Kight; his chil-dren Stacie (Jacob) Wyss and Joseph Bubba (Bar-bara) Kight; brother Gene Pyle (Ruth) Kight; andgrandchildren Conner, Clayton, Fenwick, Kaylaand Kennedy.

Local 1582, Albany, N.Y.

Pine Hill Bus lines Local 1582 held their firstannual barbecue and picnic August 1, 2015, at theRobert Post Park, Kingston, N.Y. reports ViceLocal Chairperson Odysseus Stefanis. “The ideafor our local to hold the first annual picnic waspresented by our newly elected Local ChairpersonStu Elkins,” Stefanis said. “Under his currentterm, Elkins saw a need for our members to be ableto get together at least once a year. The operatingnature of the motor coach industry due to varyingscheduling and a 24/7 work environment makes italmost impossible for any of the drivers to social-ize outside of work, much less foster a sense ofunion solidarity. We also hope to include opera-tors of Adirondack Transit Lines (also Local1582) in the future.” The local would also like torecognize attendees Vice President RosemondDessalines and Calvin Sharpe, who were bothinjured on the job in separate accidents. The localwould also like to recognize David Weinberger,who, at age 87, is still operating a motor coach.“We, the leadership of Pine Hill Local 1582, wantto especially thank these three drivers for theirdedication to service and recognize the sacrificesthey have made. We recognize the inherent dan-ger of this occupation and it is our unyielding goalto strive and serve all our members during bothgood times and bad.”

Local 1732, San Jose, Calif.LCA Secretary Rebecca Gettleman reports thelocal sufferedthe loss of 45-year-member MarkSimmons unexpectedly at the age of 64. Simmonshired out with the Atchison, Topeka and Santa Ferailroad in 1970. He came to Amtrak in 1986 andspent most of his years working on the CaliforniaZephyr between Emeryville, Calif. and Reno,Nev. Simmons leaves behind wife Kim and sonSean. A fund has been set up to help the familyfinancially during this difficult time. Contribu-tions may be sent to Mark Simmons BenefitMemorial Fund, c/o Kim Simmons, 1495 TomFowler Drive, Tracy, CA 95377.

SMART TD Trainman Brian P. Watts(Local 1201) is a hands-on kind of guy. Withhis hands and under considerable time con-straints, in all kinds of weather both day andnight, he works for Union Pacific as a train-man/brakeman. Also with those same handsand in a side-career as a cutman, he expertlytreats the physical damage to the faces of pro-fessional kickboxers between rounds. Bothcareers are demanding and require precisionand skill.As a cutman, time is of the essence. Watts

has exactly one minute between rounds toclose a bleeding wound on his fighter’s pum-meled face. The rules of kick-boxing dictatethat these injuries can be a cause for prema-ture match stoppage, which counts as a loss tothe injured fighter. Therefore, if the lacera-tion is bleeding then the bleeding must bestopped immediately so that the fight cancontinue. Cutmen in kickboxing are generally hired

by the promoter, rather than the fighter.They sit at ringside where they tend to thefighter between rounds. Typically, if there isswollen tissue on the fighter’s face, then thecutman applies an ice bag with firm pressure.If there is a bleeding laceration short ofrequiring stitches, a cotton swab soaked inpure adrenalin is applied with pressure toconstrict the blood vessels and ultimatelydecrease blood flow to the open wound.Avitene is then placed into the cut to inducecoagulation. All this must be accomplishedwithin one minute and prior to the beginningof the next round. The pressure to win, onboth the fighter and his cutman, is tremen-dous. One false move by either could make orbreak both careers.Brother Watts has been working as a cut-

man for about eight years and is an amateurkickboxer. His work as a cutman allows himto stay close to the sport and keeps him incontact with up-and-coming fighters. Heexplains, “My number one goal as a cutman istaking care of the fighter and instilling in himthe confidence that, so long as Brian is hereat ringside, he will be taken care of.” Watts received formal training as an emer-

gency medical technician (EMT) while serv-ing in the U.S. Army for four years. He waslater an EMT with the Moklumne FireDepartment in Lockeford, Calif. His knowl-edge and experience as an EMT only adds tohis skill as a cutman.The kickboxing promotion company that

hired Watts is named Glory. One of theirevents, Glory 23, took place at The HardRock Hotel in Las Vegas, Nev. August 7,2015 and was televised live on Spike TV.Watts was the cutman for Xavier Vigney andMatt Baker, both of whom are considered tobe premier American kickboxers. Vigney andBaker both won by decision after threerounds, respectively. Since winning is everything for a profes-

sional kickboxer and for his cutman, Wattscan expect to move on to even bigger andbetter matches. Whether on the railroad orin the corner at ringside, Watts has shownthat he is a proven winner.

From left: Matt Baker, Brian Watts and XavierVigney

Brian Watts maintainswinning record

Local 195, Galesburg, Ill.

Members and their families of this local partici-pated in the 2015 Labor Day Parade at Galesburg,Ill., Local President and Local Chairperson JoshM. Ginther reports. “Around 60 members andtheir families from Locals 195, 445 (Niota, Ill.)and 1423 (Galesburg, Ill.) participated in theparade,” Ginther said. Also in attendance wereIllinois State Legislative Director Bob Guy andGO 001 Associate General Chairperson ScottAnderson.

Local 240, Los Angeles, Calif.Local Chairperson Harry Garvin reports thatLocal 240 in conjunction with Locals 1422, 1770,1813 and 1846 (all located within the LA-Basinarea) had their 15th annual rail reunion andretirement dinner, Friday, November 6, 2015, atthe Sierra Lakes Golf Course, Country ClubDrive, Fontana, CA from 3 p.m. to 9 p.m. Costwas $35 per person or $75 per couple with pre-reg-istration or $40 per person at the door. Pre-regis-tration ended November 2, 2015. “Everyone waswelcome to come, all crafts of employment on anyrailroad, working or retired,” Garvin said.

Local 303, Springfield, Mo.Local Legislative Representative Jeff Nicholsreports this local sent two teams (yard vs. road) to

the Central Labor Council’s Bowl-A-Thon bene-fitting the Muscular Dystrophy AssociationAugust 30. “The ‘Yard Guys’ put a pretty goodwhippin’ on us ‘Road Guys’,” Nichols said. “Sev-eral other Springfield-area labor organizationsparticipated in the event, but Local 303 was theonly group to send two teams.”

Local 446, Cheyenne, Wyo.

Local Treasurer Tyler Thompson reports thelocal held special meetings for members August25-27. The meetings were held to inform mem-bers on agreements, benefits, UTUIA insuranceand railroad retirement. UP GO 953 GeneralChairperson Brent Leonard and Vice GeneralChairperson Rob Warth spoke to over 60 mem-bers August 25. On the second day, AnthonyLopez, a representative from the Railroad Retire-ment Board, spoke to 30 members and theirspouses on the benefits available to members. Thethird and final day featured Wyoming State Leg-islative Director Stan Blake, who provided expla-nations about the legislative process in the state.

Pictured from left: Tyler Roark, Billy Elbert, PresidentTim Latham, Josh Williams, Derek Felton, Brian Martin,Vice President Stacy Fielder, Dustin Calhoun, TrusteeRocky Jenkins and kneeling are Nichols and Jody Fisher.

Members of Local 446 attend benefit meetings held by the local.

Pictured from left: Local Chairperson Stu Elkins, Treasur-er Aaron Schwartz, Dave Bonanno, Judson Smith, Secre-tary and Treasurer Dennis Geisler, Phil Jones, Dave Wein-berger, Calvin Sharpe (Teamster Local 118), Vice Presi-dent Rosemond Dessalines, Robert Jones (kneeling) andVice Local Chairperson Odysseus Stefanis (top middle).

Submit your local or legislative stories toSMART Transportation Division byemail to: news_td@smart-union.org.

www.smart-union.org / www.utu.org / www.utuia.org

October 2015 SMART TD News Page 3

TTD urges exclusion of hair testing from billIn a letter to the leader-

ship of the Transportationand Infrastructure Commit-tee, the TransportationTrades Department, AFL-CIO (TTD), together withmember unions and coali-tion partners, is urging law-makers to follow establishedprotocol for developing fed-eral drug testing procedures

and exclude provisions for hair specimen testingfrom any House surface transportation bill.Historically, experts at the Department of

Health and Human Services (HHS) have deter-mined how and when new drug testing proce-dures should be administered. Those guidelinesare then used by the Department of Transporta-tion (DOT) to create federal drug testing stan-dards for bus and truck drivers, and other trans-portation employees.HHS has not determined whether hair is a

valid and reliable specimen for use in federal drugtests and has not issued technical guidelines per-mitting its use.

Despite this, a provision in the Senate’s ver-sion of the surface transportation bill would cir-cumvent HHS and allow bus and truck compa-nies to use hair samples to comply with DOTdrug testing.“The Senate has undermined the expertise of

scientists and potentially jeopardized the jobs ofthousands of bus and truck drivers with thisunproven testing method,” said TTD PresidentEdward Wytkind. “We urge the House to rejectthe Senate’s hair testing provision and ensurethat federal drug tests are backed by scientific andforensically sound evidence. Nothing less shouldbe acceptable.”Studies show that hair testing may have an

inherent racial bias. Darker and more porous hairretains some drugs at greater rates than lighterhair. Hair specimens can also cause individuals totest positive for drugs they never ingested, asdrugs from the environment can absorb into hairand cause positive results.“The science behind hair testing is question-

able and the drug test results it produces may bediscriminatory and could produce false positives,”Wytkind warned.

P&L engineers seal new deal

Enginners repre-sented by SMARTTD-representedand employed byPaducah andLouisville Railway(P&L) have rati-fied a new five-yearagreement.

The agreement provides for wage increases ineach year of the agreement with an initial annualadjustment of three percent, retroactive to Janu-ary 1, 2014, and additional adjustments of threepercent on January 1, 2015 and every year there-after through 2018. The total general wageincrease over the life of the contract is 15 per-cent, with a 16 percent cumulative increase.In addition to the general wage increases, the

agreement provides full back pay, an increase incertification and meal allowance payments;increases in 401K contributions; and a cap tohealth and welfare contributions for the familyplan over the life of the agreement. The agree-ment also establishes call windows for regularassignments, preserves cost of living adjustmentsand improves bereavement and personal leaveprovisions.“General Committee of Adjustment 436 (CN

Illinois Central) General Chairperson Jim Hern-don and Local 785 (Paducah, Ky.) ChairpersonClint Keeling did an outstanding job of bringingthe members’ concerns to the table and negotiat-ing an agreement with dramatic improvements inwages and working conditions,” said Vice Presi-dent Dave Wier. The P&L Railway is a 265-mile regional rail-

road that operates in Kentucky.

CATS maintenance workersvote ‘yes’ to new agreement

With over 75percent of thevoting member-ship in favor,

Local 1596 maintenance workers of CharlotteArea Transit System (CATS) based out of Char-lotte, N.C., ratified a new collective bargainingagreement. The new agreement is for three years starting

retroactively to June 30, 2015 and going throughJune 30, 2018.Leading the way, GCA TMM (Transit Man-

agement of Charlotte, Inc.) General ChairpersonCraig Patch helped negotiations, asking for con-tractual language changes, improvements to thepension plan and wage increases. Patch, Local Chairperson Billy Belcher, Vice

Chairperson Gary Moore and Local Board Secre-tary Michael Jenkins worked tirelessly on theagreement.“Brother Patch and I would like to thank Local

President James Hinton, Local Vice PresidentGerald Hudson and S&T Tony Sandle for theirhard work on getting this accomplished,” Alter-nate Vice President Bus-East Alvy Hughes said.

CATS is the largest transit Southeast Corridorsystem between Atlanta, Ga., and Washington,D.C. The transit system operates over 70 local,

express and regional bus routes, a light rail line,services for the disabled and vanpools. CATSmakes over 23,000,000 trips each year.

SEPTA members ratify pactTwenty-two months ago,

SMART Transportation Divi-sion Local 61 (Philadelphia)train service members workingat Southeastern PennsylvaniaTransportation Authority

(SEPTA) ratified their contract from the previousround. Now, for the first time in recent memory,these same members have ratified a new agree-ment governing the rates of pay and working con-ditions of conductors and assistant conductors onthat property prior to their next scheduled wageincrease. A vast majority of those voting, 87 per-cent, voted to ratify the agreement. The short-term pact runs through June 4, 2017 and includesgeneral wage increases, increased instructorallowance, increased uniform allowance andsame-sex spousal benefits among its provisions. Transportation Division Vice President John

Lesniewski, who assisted with negotiations,expressed his gratitude to General ChairpersonBernard Norwood, as well as his negotiatingcommittee consisting of Vice General Chairper-sons A.J. Bright, Michael Stevens, RaymondBoyer and General Secretary Nelson Pagan fortheir professionalism, tenacity and commitmentto finding an equitable agreement in a timelymanner for the benefit of our Local 61 members. SEPTA is a metropolitan transportation

authority that operates various forms of publictransit -- bus, subway and elevated rail, commuterrail, light rail, and electric trolley bus -- that serve3.9 million people in and around Philadelphia.General Chairperson Norwood and his commit-tee represent approximately 350 active rail mem-bers on this property.

Wytkind

Zanath family expresses

gratitude to the membershipIn a letter received by

the SMART Transporta-tion Division headquar-ters, Rob Zanath’s fami-ly wrote:“To all the SMART

Union Members,“We would like to

extend our sincerestgratitude for all of thelove and support you

have shown our family during this very diffi-cult time. Words cannot express how gratefulwe are for your kindness and compassion overthe past few months since Rob’s passing. Robwas blessed to have been a part of such a car-ing and giving community for the past 24years. Your overwhelming generosity of mon-etary donations given to our family at thisyear’s regional meetings was most appreciat-ed. We will continue to pray for all of you andask you to keep us in your thoughts andprayers as we begin to move forward and be atpeace as we cherish the memory of a loving,caring husband, father and son and are com-forted by the fact that Rob now resides in thepeace and happiness of heaven.”- The family of Robert ZanathRob Zanath worked in SMART Transporta-

tion Division’s (formerly UTU) Public RelationsDepartment for the past 24 years. Zanath diedMay 28, 2015.

Zanath

“Indeed, it was exciting to see the next genera-tion of members and their eagerness to join ourunion family.”

Brother Whitaker gavespecial thanks to the fol-lowing officers for theirattendance and support:SMART TD Director ofOrganizing Rich Ross;Vice General ChairpersonJoe Bennett; AssistantGeneral Chairperson JimBush; Florida State Leg-

islative Director Andres Trujillo; Local 1138 LocalChairperson Jim McCorkle; Local 1138 Vice LocalChairperson Jim Barlow and Local 903 Vice LocalChairperson Don Wolff.

You can opt out of paper delivery of yournext SMART Members’ Journal. You’ll get an email when each new issue is

posted — far earlier than you’d get it by mail. Going paperless saves resources to use for

organizing, growth and representing you andyour co-workers. Visit www.smart-union.org/GoDigital to

get started.

CSX GO 851 and Locals 903 and 1138 had a spe-cial opportunity to host a dinner for 25 Florida EastCoast (FEC) new hires Friday, August 7 at theCountry Kitchenlocated at 741 NorthU.S. Highway 1 inOak Hill, Fla. SMART TD Alter-

nate Vice Presidentand General Chairper-son John Whitaker(GCA 851) said,“This was a specialoccasion that we could just not pass up, since it gaveus the ability to meet with new members, while stillin training, to let them know who we are and whatwe do.

Florida East Coast railroaders hold new-hires dinner

Get your SMART Members’ Journal online

It will only take a revitalized labor movement,one where we all do our part, to bring back some-thing similar to those long-ago days when theAmerican middle class was at its greatest heights. This is our moment in time, and it starts with

us — each one of us. We control our own actionslike making the pledge that “yes, I will commit tocontribute, stick together and up my game.” We were uplifted by witnessing the hard work

and professionalism of the transportation andsheet metal leadership on display at the threeconferences our union held this past summer inPhoenix, Providence, R.I. and Washington, D.C. In order to attract people to the labor move-

ment and to our union, we must continue tostrive to improve upon the representation andbargaining strength we hold today.

We can achieve those improvements by ensur-ing that your leaders are up to the task, are readyto take advantage of new opportunities as they

emerge in this young century. This union has come far in our com-

bined history. Our generation must lookto the future, where we will be buildingand opening new markets and avenuesfor growth. Our forbearers witnessed the depths

of a Great Depression, fought throughthe horrors of war and came home tobuild this nation to levels of prosperity

never before seen in the world.

They are the giants. Now let’s honor them, onthe heels of the not-so-great recession, by build-ing on the foundation that they established. Let’shonor them by strengthening our union and revi-talizing our American labor movement.Then we can pass onward to future generations

their union of opportunity.

Fraternally,

Joseph Sellers Jr.

Defining today’s generation

Page 4 October 2015 SMART TD News

www.smart-union.org / www.utu.org / www.utuia.org

The generation that formed our foun-dation and built the American middleclass may be declining today in recordnumbers, but they have more than lefttheir mark on history. In the 1940s theystood up to fascism in Europe andaround the globe. To follow up on that achievement,

they came back to America to start andraise their families while leveragingtheir newly gained collective bargaining power tobuild the historic American middle class in the1950s.Today’s middle class rests on that one, which

was built by the hard work and dedication ofworking families who stood together under thebanner of the American labor movement.

Ironically, I have heard countless times on tel-evision and from the Republican campaign trailhow much the “1950s economy” is what they aimto replicate with their policies. However, they failto recognize one very important point: the econ-omy of the 1950s matched the high point ofunions’ share of the American workforce. At that time, one out of three Americans was

a member of a labor union.It is not by coincidence that the rise and

decline of the American middle class hasmarched in lock step with the rise and fall ofmembership in the American labor movement.The stronger we are, the better for everyone —our friends, neighbors and families — regardlessof union membership.

By Joseph Sellers Jr.

SMARTSMART

General President’sGeneral President’s

ColumnColumn

Joseph Sellers Jr.SMART

General Presidentjsellers@smart-union.org

Richard L. McClees,SMART

General Secretary-Treasurerrmcclees@smart-union.org

John Previsich,Transportation Division

Presidentpresident_td@smart-union.org

John Risch,Transportation Division

National Legislative Directorjrisch@smart-union.org

Contact us: news_td@smart-union.orgPhone (216) 228-9400; fax (216) 228-5755

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

T R A N S P O R T A T I O N D I V I S I O N

Bus DepartmentBy Calvin Studivant, Vice President-Bus

cstudivant@smart-union.org

SMART TD Bus Department working for a better futureDear members,The regional meetings have come to an end for

2015 and they were very educational for our mem-bers. At this year’s meetings we learned about theNational Labor Relations Act (NLRA) and theimportance it has for representing our membership. We learned the arbitration and mediation steps for

presenting cases before an arbitrator and we wereinformed on the FMCSA and DOT procedures formedical exams and the national registry of certified

Medical Review Officers (MROs). There was a myriad of educational classes made available for our bus

union representatives and based on the participation and feedback, Iwould say that the bus department achieved its goal of training ourleaders for tomorrow which was this year’s theme at both the WestCoast and East Coast regional meetings. The SMART TD Bus Department along with our National Legisla-

tive Director John Risch in Washington D.C. has submitted our com-ments in opposition of the proposal for hair follicle testing, and as thisissue unfolds we will keep our members informed. Congratulations are in order for the members of Local 1596 at Char-

lotte, N.C. They just ratified a new three-year agreement with Char-lotte Area Transit Systems (CATS). We fought for and got improvements to the pension plan, an increase

in wages for all three years of the agreement, as well as changes to con-tractual language designed to make the contract easier to follow.I would like to thank Alternate Vice President-Bus Alvy Hughes,

General Chairperson Craig Patch, Local Chairperson Billy Belcher,Vice Chairperson Gary Moore, Local Board Secretary Michael Jenk-ins, Local President James Hinton, Local Vice President Gerald Hud-son and Secretary and Treasurer Tony Sandle for their dedication andhard work in hammering out this agreement.

Studivant

It is not by coincidence that therise and decline of the Americanmiddle class has marched inlock step with the rise and fall ofmembership in the Americanlabor movement.

Our forbearers...built thisnation to levels of prosperitynever before seen in the world.

They are the giants. Now let’shonor them, on the heels of thenot-so-great recession, by build-ing on the foundations that theyestablished. Let’s honor them bystrengthening our union andrevitalizing our American labormovement.

The Federal Railroad Administration (FRA) is issuingthis safety advisory to emphasize the importance of timelyrepairing ballast defects and conditions on main tracks.The FRA notes that ballast defects and ballast conditionsthat are not repaired in a timely manner can lead to futuredefects.The FRA believes it is important for track inspectors to

be aware that ballast defects and conditions can cause track components to dete-riorate rapidly and compromise the stability of the track structure, and thatinspectors are trained to identify and repair ballast defects and conditions.This safety advisory recommends that track owners and railroads: (1) Assess

current engineering instructions on ballast safety and update them to providespecific guidance to track inspectors (designated personnel that are qualified toinspect and repair track) on how to identify and initiate remedial action under49 CFR 213.233(d) for ballast defects and conditions, as well as on the appro-priate remedial action to implement, particularly in areas with one or more addi-tional track conditions; (2) train track inspectors on the updated engineeringinstructions and this safety advisory to ensure they understand how to identifyand initiate remedial action for ballast defects and conditions in a timely man-ner, and understand the importance of such remedial action in preventing thedevelopment of unsafe combinations of track conditions; and (3) ensure thatsupervisors provide adequate oversight of track inspectors to achieve identifica-tion and remediation of ballast defects and other track conditions.

FRA issues advisory on ballast defects

This is our moment in time, andit starts with us - each one of us.

In order to attract people to thelabor movement and to ourunion, we must continue to striveto improve upon the representa-tion and bargaining strength wehold today.

Our rail members are aware thatnegotiations are underway on a nationalrail contract. The outcome of this roundof negotiations is important to othercrafts as well, because the results of anational rail contract traditionally influ-ence negotiations in all transportation-related industries. Below is a joint press release issued bythe participating organizations in therail labor Coordinated Bargaining Group:

October 20, 2015National Negotiations UpdateMembers of rail labor’s Coordinated

Bargaining Group (CBG), composed ofrepresentatives from the SMART Trans-portation Division, the Brotherhood ofLocomotive Engineers and Trainmen,the American Train Dispatchers Associ-ation, the National Conference of Fire-men and Oilers/SEIU, The Brotherhoodof Railroad Signalmen and the Interna-tional Brotherhood of Boilermakers, IronShip Builders, Blacksmiths, Forgers andHelpers met with the National CarriersConference Committee (NCCC) inChicago on October 14, 2015, to contin-ue negotiations on a new national rail

In order to promote an open dialogue ona wide range of issues, the parties havecommitted to keep such discussions con-fidential for the time being. I have commented in earlier columns

about the challenges that we face in thisround of negotiations. The carriers havemade demands that we believe areunwarranted given the productivity ofrail labor and the financial status of the

participating carriers. Rail labor, on the otherhand, believes that its demands improve thewages and working conditions of our members bya reasonable amount and are in line with theprosperity of the industry overall.

Your negotiating team and the CoordinatedBargaining Group are committed to obtaining afair and equitable contract for our members.Negotiations to-date indicate that this will notbe an easy task. I will keep you advised of laterdevelopments as they occur.To view the Section 6 notices go to

http://utu.org/2015-national-rail-contract/.

Fraternally,

contract. This meeting was the latest in aseries that commenced early in 2015.Although a final agreement is not yet

in sight, substantive progress was made inidentifying the issues of greatest impor-tance to both sides and serious discus-sions are ongoing. Both parties believethat a voluntary agreement is the desiredoutcome and to that end it was agreed tocontinue negotiations without the assis-tance of a third party. The next session isscheduled for November in Crystal City,Virginia, with additional meetings set forthe first quarter of 2016.

The above communication is very short ondetails. That is because at this stage of the nego-tiations the parties are in exploratory talks abouta number of issues, the majority of which will notbe included in a proposed agreement. Thedemands set forth in the Section 6 notices servedthis round are being thoroughly discussed andevaluated for inclusion in a proposed agreement.

www.smart-union.org / www.utu.org / www.utuia.org

October 2015 SMART TD News Page 5

National negotiations update: negotiations moving forward

The outcome of this round ofnegotiations is important to oth-er crafts as well, because theresults of a national rail contracttraditionally influence negotia-tions in all transportation-relatedindustries.

Substantive progress was madein identifying the issues of great-est importance to both sides andserious discussions are ongoing.

By John Previsich

SMARTSMART

Transportation DivisionTransportation Division

President’s ColumnPresident’s Column

State Watch News from SMART TD State Legislative Boards

California

Minnesota, Wisconsin

Governor Jerry Brown signed into law biparti-san legislation requiring a crew of at least twoindividuals operate all freight trains and lightengines September 8, 2015.National Legislative Director John Risch

praised the legislation saying, “I’m very pleasedthat California has joined Wisconsin, Arizonaand West Virginia in adopting these sensiblerequirements. Two crew members are vital toensuring that trains are operated safely and ourcommunities are secure.”

Nebraska

Nebraska members ride on and walk alongside the Nebraska Leg-islative Board's newly-acquired Burlington Northern mini train.

with Minnesota State Legislative Director PhilQualy represented the Minnesota legislativeboard, while Wisconsin State Legislative Direc-tor Craig Peachy, Alternate State Director JeffThompson and Legislative RepresentativesAndrew Hauck and Chris Tassone representedthe Wisconsin legislative board at the meeting.Qualy and Peachy report that both boards

have documented dozens of hazardous condi-tions, unsafe management directives to traincrews, lack of snow removal and many other safe-ty concerns.“Despite our best efforts to work with the CN

leaders who hold ultimate operating and budget-ary authority to improve CN, it appears CN man-agement is entrenched to deflect identifiablesafety concerns to maintain plausible deniabili-ty,” Qualy and Peachy said in a joint statement.“For the second quarter of 2015, CN reporteddecreased car loadings, flat operating revenues,operating income increase of eight percent, withan operating ratio that dropped 3.2 points to 56.4percent. Obviously, CN’s refusal to maintain andrepair physical plant safety issues is paying off forcarrier bonuses and the shareholders. Unfortu-nately, CN is another bad incident waiting tohappen.”As a result of the meeting, the FRA has

assigned Non-Regulated Safety Oversight Man-ager Melvin Smith to the CN property. Both theFRA and SMART TD have requested CN to joinin a Confidential Close Call Reporting Systempilot program.

Nebraska State Legislative Director BobBorgeson reports the state legislative boardrecently purchased a Burlington Northern minitrain. The board plans to use the mini train tohelp with SMART’s community outreach and forspecial events. The board has used the train forthe past 10 years at the Omaha Labor Day Parade.The mini train originally belonged to Harold

Jones of Crete, Neb. for the past 29 years. Jonesoperated the locomotive and its accompanyingcars for local festivals, school and communityevents.The Legislative Board used their newly

acquired mini train and borrowed two mini trainsin this year’s Omaha Labor Day Parade. Theboard had a record 190 attendees in this year’sparade.

Leadership of the Minnesota and Wisconsinlegislative boards met with the Federal RailroadAdministration and Representative Rick Nolan(D - Minn.) of the House Transportation andInfrastructure Committee to discuss unresolvedsafety issues on Canadian National Railway May28, 2015 in Duluth, Minn. Leadership from CNdeclined to attend the roundtable safety meeting.Alternate State Director Nick Katich, Leg-

islative Representative Dan Archambeau, LocalChairpersons Matt Koski and Ben Rhodes along

Your negotiating team andCoordinated Bargaining Groupare committed to obtaining a fairand equitable contract for ourmembers. Negotiations to-dateindicate that this will not be aneasy task.

Members of the SMART TD Minnesota and Wisconsinlegislative boards meet with the FRA and Rep. Rick Nolanabout safety issues on Canadian National Railway.

New England States State Legislative DirectorGeorge Casey reports that Local 262 (Boston)Secretary and Treasurer Richard Andreassi diedof a fatal heart attack Thursday, August 27, 2015. Andreassi worked as a conductor for Amtrak

out of Boston. He leaves behind a wife and sev-en-year-old daughter.

New England States

Locals 262 and 1462 are taking up a collectionon behalf of the Andreassi family. Contributionsshould be sent to SMART TD Local 262, 8 SaintBrendan Road, Dorchester, MA 02124. Memori-al contributions may also be made to the Jacque-line Andreassi Scholarship Fund, c/o BostonFirefighter’s Credit Union, 60 Hallet Street,Dorchester, MA 02124.

www.smart-union.org / www.utu.org / www.utuia.orgwww.smart-union.org / www.utu.org / www.utuia.org

Page 6 October 2015 SMART TD News

Furloughed members may be entitled to benefits from RRB

October 2015 SMART TD News Page 7

www.smart-union.org / www.utu.org / www.utuia.org

In consideration of our rail members who areimpacted by recent nation-wide furloughs, belowis a Q&A offered by the Railroad RetirementBoard (RRB) addressing common questionsabout unemployment benefits.Go to www.rrb.gov to learn more about the

benefits you may be entitled to while furloughed.

Unemployment benefits forrailroad employees(Published July 2015 by the Railroad Retire-

ment Board)The Railroad Retirement Board (RRB)

administers the Railroad Unemployment Insur-ance Act, which provides two kinds of benefitsfor qualified railroaders: unemployment benefitsfor those who become unemployed but are ready,willing and able to work; and sickness benefits forthose who are unable to work because of sicknessor injury. Sickness benefits are also payable tofemale rail workers for periods of time when theyare unable to work because of pregnancy andchildbirth. A new benefit year begins each July 1.The following questions and answers describe

these benefits, their eligibility requirements andhow to claim them.1. What are the eligibility require-ments for railroad unemploymentand sickness benefits in July 2015?To qualify for normal railroad unemployment

or sickness benefits, an employee must have hadrailroad earnings of at least $3,600 in calendaryear 2014, counting no more than $1,440 for anymonth. Those who were first employed in the railindustry in 2014 must also have at least fivemonths of creditable railroad service in 2014.Under certain conditions, employees who do

not qualify on the basis of their 2014 earningsmay still be able to receive benefits in the newbenefit year. Employees with at least 10 years ofservice (120 or more cumulative months of serv-ice) who received normal benefits in the benefityear ending June 30, 2015, may be eligible forextended benefits, and employees with at least 10years of service (120 or more cumulative monthsof service) might qualify for accelerated benefitsif they have rail earnings of at least $3,637.50 in2015, not counting earnings of more than $1,455a month.In order to qualify for extended unemployment

benefits, a claimant must not have voluntarilyquit work without good cause and not have vol-untarily retired. To qualify for extended sicknessbenefits, a claimant must not have voluntarilyretired and must be under age 65.To be eligible for accelerated benefits, a

claimant must have 14 or more consecutive daysof unemployment or sickness; not have voluntar-ily retired or, if claiming unemployment benefits,quit work without good cause; and be under age65 when claiming sickness benefits.2. What is the daily benefit ratepayable in the new benefit yearbeginning July 1, 2015?Almost all employees will qualify for the new

maximum daily benefit rate of $72. Benefits aregenerally payable for the number of days ofunemployment or sickness over four in 14-dayclaim periods, which yields $720 for each two fullweeks of unemployment or sickness. Sicknessbenefits payable for the first six months after themonth the employee last worked are subject totier I railroad retirement payroll taxes, unlessbenefits are being paid for an on-the-job injury.(Claimants should be aware that as a result of asequestration order under the Budget ControlAct of 2011, the RRB will reduce unemployment

and sickness benefits by 7.3 percent through Sep-tember 30, 2015. As a result, the total maximumamount payable in a two-week period covering10 days of unemployment or sickness will be$667.44. The maximum amount payable for sick-ness benefits subject to tier I payroll taxes of 7.65percent will be $616.38 over two weeks. Futurereductions, should they occur, will be calculatedbased on applicable law.)3. How long are these benefitspayable?Normal unemployment or sickness benefits are

each payable for up to 130 days (26 weeks) in abenefit year. The total amount of each kind ofbenefit which may be paid in the new benefityear cannot exceed the employee’s railroadearnings in calendar year 2014, countingearnings up to $1,860 per month.If normal benefits are exhausted,

extended benefits are payable for upto 65 days (during seven consecutive14-day claim periods) to employeeswith at least 10 years of service (120or more cumulative service months).4. What is the waiting-peri-od requirement for unemploy-ment and sickness benefits?Benefits are normally paid for the number of

days of unemployment or sickness over four in14-day registration periods. Initial sicknessclaims must also begin with four consecutive daysof sickness. However, during the first 14-dayclaim period in a benefit year, benefits are onlypayable for each day of unemployment or sick-ness in excess of seven which, in effect, providesa one-week waiting period. (If an employee has atleast five days of unemployment or five days ofsickness in a 14-day period, he or she should stillfile for benefits.) Separate waiting periods arerequired for unemployment and sickness benefits.However, only one seven-day waiting period isgenerally required during any period of continu-ing unemployment or sickness, even if that peri-od continues into a subsequent benefit year.5. How would an employee’s earn-ings in a claim period affect his or hereligibility for unemployment bene-fits?If a claimant’s earnings for days worked, and/or

days of vacation, paid leave, or other leave in a14-day registration period are more than a certainindexed amount, no benefits are payable for anydays of unemployment in that period. That regis-tration period, however, can be used to satisfy thewaiting period.Earnings include pay from railroad and non-

railroad work, as well as part-time work and self-employment. Earnings also include pay that anemployee would have earned except for failure tomark up or report for duty on time, or because heor she missed a turn in pool service or was other-wise not ready or willing to work. For the benefityear that begins July 2015, the amount is $1,440,which corresponds to the base year monthly com-pensation amount used in determining eligibilityfor benefits in each year. Also, even if an earningstest applies on the first claim in a benefit year,this will not prevent the first claim from satisfy-ing the waiting period in a benefit year.6. How does a person apply for andclaim unemployment benefits?Claimants can file their applications for unem-

ployment benefits, as well as their subsequentbiweekly claims, by mail or online.To apply by mail, claimants must obtain an

application from their labor organization,employer, local RRB office or the agency’s web-site at www.rrb.gov. The completed application

should be mailed to the local RRB office as soonas possible and, in any case, must be filed within30 days of the date on which the claimantbecame unemployed or the first day for which heor she wishes to claim benefits. Benefits may belost if the application is filed late.To file their applications — or their biweekly

claims — online, claimants must first establish anRRB online account at www.rrb.gov. Instructionson how to do so are available through the RRB’swebsite. Employees are encouraged to establishonline accounts while still employed so theaccount is ready if they ever need to apply forthese benefits or use other select RRB Internetservices. Employees who have already established

online accounts do not need to do so again.The local RRB field office reviewsthe completed application, whetherit was submitted by mail or online,and notifies the claimant’s currentrailroad employer, and base-yearemployer, if different. Theemployer has the opportunity toprovide information about thebenefit application.After the RRB office processes the

application, biweekly claim forms aremailed to the claimant, and are also avail-

able on the RRB’s website, as long as he or sheremains unemployed and eligible for benefits.Claim forms should be signed and sent on or afterthe last day of the claim. This can be done bymail or electronically. The completed claim mustbe received by an RRB office within 15 days ofthe end of the claim or the date the claim formwas mailed to the claimant or made availableonline, whichever is later. Claimants must notfile both a paper claim and an online claim formfor the same period(s).Only one application needs to be filed during a

benefit year, even if a claimant becomes unem-ployed more than once. However, a claimantmust, in such a case, request a claim form from anRRB office within 30 days of the first day forwhich he or she wants to resume claiming bene-fits. These claims may then be filed by mail oronline.7. Is a claimant’s employer notifiedeach time a biweekly claim for unem-ployment or sickness benefits is filed?The Railroad Unemployment Insurance Act

requires the RRB to notify the claimant’s base-year employer each time a claim for benefits isfiled. That employer has the right to submit infor-mation relevant to the claim before the RRBmakes an initial determination on the claim. Inaddition, if a claimant’s base-year employer is nothis or her current employer, the claimant’s cur-rent employer is also notified. The RRB must alsonotify the claimant’s base-year employer eachtime benefits are paid to a claimant. The base-year employer may protest the decision to paybenefits. Such a protest does not prevent thetimely payment of benefits. However, a claimantmay be required to repay benefits if the employ-er’s protest is ultimately successful. The employeralso has the right to appeal an unfavorable deci-sion to the RRB’s Bureau of Hearings andAppeals.The RRB also conducts checks with other Fed-

eral agencies and all 50 States, as well as the Dis-trict of Columbia and Puerto Rico, to detectfraudulent benefit claims, and it checks withphysicians to verify the accuracy of medical state-ments supporting sickness benefit claims. 8. How long does it take to receivepayment?Under the RRB’s Customer Service Plan, if a

claimant filed an application for unemployment

or sickness benefits, the RRB will release a claim form ora denial letter within 10 days of receiving his or her appli-cation. If a claim for subsequent biweekly unemploymentor sickness benefits is filed, the RRB will certify a pay-ment or release a denial letter within 10 days of the datethe RRB receives the claim form. If the claimant is enti-tled to benefits, benefits will generally be paid within oneweek of that decision.However, some claims for benefits may take longer to

handle than others if they are more complex, or if an RRBoffice has to get information from other people or organ-izations. If this happens, claimants may expect an expla-nation and an estimate of the time required to make adecision.Claimants who think an RRB office made the wrong

decision about their benefits have the right to ask forreview and an appeal. They will be notified of these rightseach time an unfavorable decision is made on theirclaims.9. How are payments made?Railroad unemployment and sickness insurance bene-

fits are paid by the U.S. Treasury’s Direct Deposit pro-gram. With Direct Deposit, benefit payments are madeelectronically to an employee’s bank, savings and loan,credit union or other financial institution. New appli-cants for unemployment and sickness benefits will beasked to provide information needed for Direct Depositenrollment.10. How can claimants get more informa-tion on railroad unemployment or sicknessbenefits?Claimants with questions about unemployment or

sickness benefits, or who are seeking information abouttheir claims and benefit payments, can contact an RRBoffice by calling toll-free at 1-877-772-5772. Claimantscan also access an online service, “View RUIA AccountStatement” on the “Benefit Online Services” page atwww.rrb.gov, which provides a summary of the unemploy-ment and sickness benefits paid to them. To use this serv-ice, claimants must first establish an online account.Persons can find the address of the RRB office serving

their area by calling 1-877-772-5772, or by visitingwww.rrb.gov. Most RRB offices are open to the publicfrom 9:00 a.m. to 3:30 p.m., Monday through Friday,except on Federal holidays.

Financial survival tips for the furloughed member

• Go to your union officers. They may be able to give you tips or might be planning aprogram for furloughed workers. Make sure your address and contact information is currentwith your employer, your local union officers and utu.org.• Consider exercising your seniority.Use your seniority to transfer to another terminalor property. Many carriers often post temporary or permanent transfer opportunities for theiremployees.• Check your State’s website.Many states offer free programs to help you get back onyour feet and may also have a page dedicated to open job listings.• Head to unionplus.org.As a member of SMART Transportation Division you are enti-tled to benefits and discounts through Union Plus. Union Plus also offers hardship help andyou may be eligible for a job loss grant or for layoff assistance. You may also be eligible forhealth care if you’ve lost yours due to your situation.• Visit the AFL-CIO’s website. The AFL-CIO offers tips to help prevent foreclosure onyour home (http://www.aflcio.org/About/Community-Services/Preventing-Home-Foreclo-sure) and general tips for when you are unemployed (http://www.aflcio.org/About/Communi-ty-Services/When-the-Paycheck-Stops). Both of these pages can be found under the “AboutAFL-CIO” tab and by clicking on “community services.” The site also has tips for gettingthrough other financial issues called “NLC Invested” under the same tab that may be helpfulto you.• Visit workingadvantage.com.This site is in collaboration with the AFL-CIO and UnionPlus. It offers many discounts on many items including cell phones, automotive discounts, gifts,clothing, etc. With the holiday season coming up, this site may help your dollar go further.• Make a budget and scrutinize your spending.Making a budget is the most importantthing you can do because you will be able to understand where your money is coming from andwhere it is going. This will help you determine where you can afford to make cuts in yourspending.• Call creditors.Notify credit card companies and utility providers about your financial sit-uation and inquire about their hardship policies. Ask about making smaller payments until youreturn to work or see if other options are available. Your primary focus should be paying debtson time for anything that can be repossessed. Some landlords may offer you a discount duringthe time you are laid off. • Use cash. Studies show that people who do not use debit or credit cards are less likely tomake impulsive purchases. Those who use cash statistically spend about 20 percent less thanthose using plastic. Do not close your credit card accounts which can negatively affect yourcredit score, simply leave your credit cards at home so you are not tempted to rack up chargesthat you may be unable to pay off. If you need to use a credit card, choose to use one with thelowest interest rate.• Make a grocery list and stick to it. Sticking to a list will make you less likely to buyimpulsively and forget necessary items, which can quickly increase your spending each month.You may want to plan out each meal until your next shopping trip so that you don’t overspendand so that you know exactly what you need. This will also help you to use up items you alreadyhave on-hand. While making your list, check store circulars to see what’s on sale and where.You might also consider buying a cheaper off-brand than a more expensive brand-name prod-uct. Don’t forget dollar stores such as Dollar Tree where everything is $1.00. Be careful at thedollar store, some things are overpriced.• Clip coupons. Only clip the coupons for items you usually purchase and ignore couponsfor items you don’t usually buy. This will keep you from buying an item just because you havea coupon. The Sunday newspaper often has the most amount of coupons. Note that somestores will double your coupons, which means that coupon you’re holding is worth double ofwhat it says. Check store circulars to see what’s on sale. Also be aware that some stores don’taccept online coupons over a certain amount. If you buy something often such as toilet paper,check your brand’s website to see if the manufacturer is offering any coupons for that item.• Eat-in instead of going out. Buying groceries is cheaper than going to your local eateryand will last you longer. Eating at home will also save you on gas and tipping. Pack your lunchinstead of eating out each day. Even items on the dollar menu at fast food restaurants canquickly add up. If you need to eat out, choose your restaurant ahead of time and check theirwebsite for coupons.• Cancel email deals and sale alerts from restaurants and retailers. Cancelingthese types of emails will remove temptation and you can always sign up again later.• Buy used. Consider buying outfits or gifts at thrift stores, consignment shops or on theinternet. Shop local yard sales and garage sales. At yard sales, don’t be afraid to try to bundleitems or make an offer, most of the time the sellers will take less than the price marked. If youread a lot, check for books at yard sales or your local library. Most libraries now allow you toborrow online and are tablet and computer-friendly.• Hold off on large purchases and vacations. Consider changing your plans to makelarge purchases or to go on vacation. The timing might seem ideal for a family vacation, butyou may be furloughed longer than expected and may have to rely on the money you wouldhave spent on a vacation or large purchase. If you need to get out of the house, plan a picnicwith your family at a local park or check your community’s website for free entertainment. • Search for other sources of income. Sell unneeded items on the internet, hold a yardsale, babysit or do handy-work around your neighborhood for extra money until you get calledback to work.

Cutting back: easy ways to save money

Here are some options that may save you money dur-ing this difficult time:

• Cut cable/satellite TV or consider somethingcheaper such as a Fire Stick from Amazon.com, or aNetflix or Hulu account.• Cut back on electricity consumption by unpluggingappliances not in use; turn up the temperature in sum-mer and lower it in winter by a few degrees; turn offthe light and TV when not in the room; replace lightbulbs with high-efficiency bulbs; keep a clean air filterin your HVAC system; and consider using fans insteadof air conditioning.• Scrutinize your cell phone bill and re-evaluate yourdata plan. Take advantage of any cell phone discountsoffered by your employer; many railroads have negoti-ated a discounted rate for their employees. • Cut any unused memberships to clubs/gyms.• Make your own coffee/tea instead of buying singlecups from retailers. Bagged coffee is cheaper thanusing k-cups if you drink multiple cups a day.• Re-evaluate your car insurance coverage. Shoparound for discounts for bundling insurances or forlower rates for the same coverage.• Go paperless - some companies offer discounts if youswitch to online billing. This will also save you onpostage.

Helping our furloughed members: benefits and tips

UTU Alumni AssociationPage 8 October 2015 SMART TD News

www.smart-union.org / www.utu.org / www.utuia.org

News, information for members of the UTU Alumni Association

UTUUTUAlu

mniAlu

mni

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, according to reports received atSMART TD Headquarters. These brothers and sisters will be missed by their many friends and by fellow UTU Alumni Association members.

Retired North Carolina State Legislative Director Dickie Westbrook dies

Local Name City/State Local Name City/State Local Name City/State

R Barge, Norma Arnold, Mo.R Gunther, Virginia H. Summerville, S.C.R Hutcheson, Lewis R. Somerset, Ind.2 Anderson, Robert E. Elkhart, Ind.2 Brown Sr., Robert H. Mechanicsville, Va.6 Spears, Charles E. Camby, Ind.6 Spears, Larry F. Indianapolis, Ind.14 Knasel, Mauriel B. Covington, Ky.14 Mason, Willie L. Xenia, Ohio60 Rinaldi Jr., Leonard Andover, N.J.118 Ellison, Benny P. Nimitz, W.Va.204 Glenn Jr., James H. Pueblo, Colo.265 Murphy Jr., Robert C. Nampa, Idaho292 Voodre, Alfred E. Liverpool, N.Y.313 Norton, Jene E. Grand Rapids, Mich.324 Munday, T. D. Marysville, Wash.330 Brown, John J. Gepp, Ark.330 Reed, Hanford N. Poplar Bluff, Mo.339 Hyde, Forrest G. Haleyville, Ala.394 Cobb, R. F. Pittsfield, Mass.

469 Dilday, George E. Granite City, Ill.469 Gaston, Donald H. St. Louis, Mo.483 Sharpe, Allen W. Toronto, Ont.524 Tobias, Ben L. Diboll, Texas528 Small, R. L. Mineola, Texas528 Taylor, Vanice E. State Road, N.C.533 Holmes, Robert V. Kansas City, Mo.610 Thomas, Travor P. Brooklyn, Md.623 Mays, Ronald L. Clifton Forge, Va.631 Teter Jr., Roy M. Elkins, W.Va.707 Zabokrtsky, Jackie L. Fairbury, Neb.769 Smith, Melvin W. Lynchburg, Va.771 Capps, Felix M. Umpqua, Ore.783 Thompson, Charles W. Greensboro, N.C.792 Barton, Thomas M. Defuniak Springs, Fla.904 Foster, Joe I. Hanson, Ky.911 Link, James E. Eagan, Minn.1016 Walker, Darrell J. Jennings, Okla.1059 Kittell, Richard D. Minot, N.D.1066 Costanza, Louis B. Covington, La.

1105 Scott, Franklin D. Wilmington, N.C.1137 Sundahl, James O. Moorhead, Minn.1168 Kendall, Henry F. Belen, N.M.1188 Haley, Robert W. Lexington, Okla.1263 Harrell, Jacky W. Macon, Ga.1365 Moss, Thomas E. Youngstown, Ohio1365 Neslund, Roy L. Chagrin Falls, Ohio1370 Dinwoodie, WM H. Sebastian, Fla.1377 Lee, Wetzel Z. Worthington, Ky.1393 Bigelow, Walter L. Hamburg, N.Y.1470 Lippy Sr., Irvin R. Fallston, Md.1477 Delarosa, Arnold Royal Oak, Mich.1502 Cook, Walter A. Sanford, Fla.1518 Morris, Gordon D. Huntington, Ind.1565 Strong, William J. Banning, Calif.1816 Conners, Bill D. Fremont, Ohio1918 Maxey, Richard W. El Paso, Texas1928 Marsh, Charles L. Toledo, Ohio1978 Short, Michael V. Toms River, N.J.

Retired North Carolina StateLegislative Director Richard“Dickie” Westbrook Jr., 64,died Aug. 23, 2015.Westbrook hired out in

1973 with Norfolk SouthernRailroad as a conductor andtrainman and had 39 yearsand seven months of serviceupon retirement in 2012.Soon after he hired out,

Westbrook became active with Local 1129(Raleigh, N.C.) and served as local chairperson oftrainmen and conductors for 30 years. During thistime, Westbrook also served as North Carolinaassistant state legislative director and then laterNorth Carolina state legislative director, a posi-tion he held for 14 years. Westbrook also servedhis local as delegate for one term. Westbrook fur-ther served his union brothers and sisters bydesigning and implementing OSHA training atUTU regional meetings for eight years.“Richard Westbrook worked almost 40 years in

train service positions and was elected many

WestbrookThe eighth annual fall luncheon and railroad reunion hosted by the Bay Area Railroaders was

held Saturday, Oct. 24, at Spenger’s Seafood and Fish Grotto at 1919 Fourth St. in Berkeley, Calif.All active and retired railroaders from all crafts were invited to attend.This year, a vegetarian pasta primavera was added to the menu. Lunch included Caesar salad,

rolls and butter, coffee, iced tea, a choice of grilled salmon, chicken romano, grilled sliced sirloinof beef with a mushroom glaze or vegetarian pasta. Entrées included a vegetable and potato side.Desert was your choice of chocolate truffle cake with raspberry sauce or a fruit plate for diabeticsand was included in your meal ticket.This year, “Old Rails Club” polo shirts were available for purchase at the luncheon. Sizes small

through x-large were $27; 2xl and 3xl were $29.50.Robert MacRae provided entertainment on the guitar. Fun was had by all in attendance.

Bay Area Railroaders hosted 8th annual reunion lunch

First BNSF woman engineer inducted into North Dakota Railroad Hall of FameAs a senior in high school, Ramona

“Mona” Allen-Dockter had a dreamto follow in her father’s footsteps andwork on the railroad. Dockter’s father,Clifford Allen (Local 1059 of Minot,N.D.) was a brakeman with the GreatNorthern Railroad and later theBurlington Northern Railroad inMinot, N.D.Dockter was initially rejected by

Burlington Northern, but she wouldnot be deterred. When the EqualRights Amendment passed in thestate in 1975, Dockter reapplied.Dockter’s dream came true when

she hired out as a brakeman for Burlington North-ern (now BNSF) railroad in 1975 and joined UTULocal 1344 (Mandan, N.D.).“At first, my father took pause,” Dockter said.

“He had barely talked about the railroad until Istarted working there. But then he was very sup-portive. My whole family was very supportive.”For several months, Dockter worked alongside

the men in the industry. Soon after, UTU memberand fellow co-worker Franky Hoffman (Local1344) and co-workers Ray Schlosser and Bill Stumpfencouraged Dockter to become an engineer.Dockter worked hard and after six months of

on-the-job-training and three weeksof classroom training, she becamethe first female engineer at Burling-ton Northern at age 19 in 1976.In 1974, only 46,923 employees

were women working in an industry of729,000 employees. Out of the 46,923women employees, only four were engi-neers. Dockter became number fiveand the first for Burlington Northern.“I want to say the hardest part was

ignoring the naysay-ers, people who didn’tbelieve in me, or peo-ple who didn’t want

me to do it,” Dockter said.As an engineer, Dockter was

on-call and had to adjust to theodd hours railroaders keep.“Unless you worked as a switch-

person, you were on-call,” Docktersaid. “When they asked you tocome in, you’d have 45 minutes toan hour to get to work.”The odd hours and being on-

call eventually took their toll onDockter. In 1984, after nine yearsin the industry, Dockter retired in

order to raise her family.“I never had the desire to go back. It (the rail-

road) had a time and place in my life. At that timeit was really hard to have children with the hours.It was very freeing when I did quit.”Although she faced challenges working for the

railroad, Dockter still remembers her time as anengineer fondly.“I loved the times when you’re on the train and

it’s a beautiful morning or beautiful evening. Youcan just see the rolling countryside and wonderful

landscape outside the win-dows.”In recognition of her

work with the railroad,Dockter was inducted intothe North Dakota RailroadHall of Fame at the NorthDakota State RailroadMuseum Aug. 16, 2015.“I think it’s an honor to

be inducted, but I thinkthere’s a lot of people whohelped me along the way,and I wish they could getthis award too.”Today, Dockter works as

a real estate agent.

National Legislative Director JohnRisch congratulates former co-workerRamona Dockter upon her inductioninto the Railroad Hall of Fame.

Ramona Dockter is inducted into the North DakotaRailroad Hall of Fame by Bill Engelter, chairman of theN.D. Railroad Hall of Fame committee at the N.D.Railroad Museum, Mandan, N.D.

times by his peers as their representative as localchairperson and as North Carolina State Direc-tor,” former National Legislative Director JamesA. Stem Jr. said. “Dickie worked hard for railroadworkers and all workers as their advocate. Heearned the respect of decision makers with hishonesty, integrity and perseverance.”Westbrook is survived by his wife Janie; two

daughters, Leslie (Travis) Collins and Tina (John)Dillabough; seven grandchildren, Zoie, Jalynn, Bel-la, Aaliyah, Keira, Joshua and Bridget; a brother,Dan; two sisters, Starla (Scott) Logue and TammyNewton; six nieces and nephews and many others.Memorial contributions may be made to Tran-

sition Life Care Hospice at 250 Hospice Cir,Raleigh, NC 27697.

October 2015 SMART TD News Page 9

www.smart-union.org / www.utu.org / www.utuia.org

Legislative representative nominations set for October 2015SMART Transportation Division members are

reminded elections are scheduled to be held thisautumn to fill the four-year legisla-tive representative and alternatelegislative representative positionsat each local. Nomination meetingsshould be held in October 2015,with elections held in November2015.In simple terms, the legislative

representative works with the statelegislative director to address unsafeor unsanitary conditions affectingthe local, and they work to correctsuch conditions through appropri-ate measures consistent with localand national policies of the union. They alsowork to urge all members to vote in all elections.The alternate legislative representative suc-

ceeds to legislative representative and fulfills theremainder of the four-year term if the legislativerepresentative resigns, retires, becomes incapaci-tated, dies, or for some reason cannot fulfill therequirements of the position. Also, if the legisla-tive representative cannot attend a meeting ofthe full state legislative board, the alternate canattend and represent the local.Each of these positions is an elective position.

Ordinarily, no one can be appointed to thesepositions. Candidates for these offices must bequalified (registered) voters. Candidates mustgarner a simple majority of valid votes cast to winelection to any elective Transportation Divisionoffice. (A simple majority can be thought of as 50percent of votes, plus at least one more.)Legislative representatives, alternate legisla-

tive representatives, and local committee ofadjustment officers assume their offices on Janu-ary 1 following the year of their election. If theyare filling a vacancy, however, they can takeoffice immediately.The process beginsFor the local’s secretary or secretary-treasurer,

the election process begins with an effort toupdate the membership roster, ensuring accurateaddresses are on file for each member. Our consti-tution’s Article 21B, Section 49, requires eachmember to keep the local secretary and treasureradvised of their current home address. Similarly,U.S. Department of Labor regulations and theLabor-Management Reporting and DisclosureAct (LMRDA) require the local to take steps toupdate addresses in advance of an election.Members can update their address by contact-

ing their local secretary, or can do so themselvesthrough a tab on the homepage of the Transporta-tion Division’s website at utu.org.Even if your local conducts a floor election,

where voting takes place at a physical location,rather than by mail, it’s important that youraddress is up to date. Your local secretary (or sec-retary-treasurer, as the case may be) needs to maila notice to all active members of the local toadvise them, at least 15 days in advance of tabu-lation, that an election is to take place. Thenotice will indicate when and where voting will

take place.If the local is conducting its election by mail,

the ballot itself must be mailed outat least 15 days in advance of thedate of tabulation, as the ballotserves as the notice of the elec-tion.Your secretary also needs to post

a notice at least 10 days inadvance of the meeting indicatingwhen and where nominations forwhich positions will take place.They need not mail this noticedirectly to members.NominationsNominations may be made by

any member in good standing from the floor atthe nomination meeting. Nominations do notrequire being seconded. Any member may self-nominate. If a member wishes to nominate him-self, or someone else, but can’t attend the meet-ing, he can make the nomination through a peti-tion. A nomination petition must state the nameof the nominee, the position for which he or sheis being nominated, and must carry at least fivesignatures of members in good standing.Note that because elections are being held this

autumn, that’s a good time to fill any other vacan-cies which may exist. If the vacant position is aLocal Committee of Adjustment (LCA) position,only members of that LCA are eligible to makenominations for the post and to vote in that elec-tion. In locals having more than one LCA for dif-ferent crafts, the secretary will provide a separateballot for all eligible voters of each craft workingunder the jurisdiction of the committee involved.Any member in good standing with seniority inone of the crafts represented by the LCA can runfor an office in that LCA.If only one member is nominated for a position,

that member can be declared elected by acclama-tion.

EligibilityTo be eligible to vote, all dues and assessments

must be paid within the time frame specified bythe constitution. Article 21B, Section 49, indi-cates dues are to be paid in advance, before thefirst day of the month in which they are due. Eli-gibility to be nominated is similar. This means, forexample, that to be nominated at the Octobermeeting, the nominee must have paid all duesobligations in September. To vote in November,the voter must have paid all dues obligations inOctober.Those in so-called E-49 status are eligible to

run for office, but they cannot make nominationsand they cannot vote. If elected, acceptance ofpay from the company or the union creates a duesobligation.More informationMembers are encouraged to consult Article

21B of the SMART Constitution for informationregarding elections. Unless an item within Arti-cle 21B directs you to a further stipulation out-side of Article 21B, only the provisions found

within Article 21B are applicable to Transporta-tion Division elections. The local electionprocess is addressed directly by Article 21B, Sec-tion 57.Also, election information and guidelines have

been distributed to all Transportation Divisionlocal presidents and local secretaries, as well as togeneral chairpersons, state legislative directorsand Transportation Division international offi-cers.Members can consult their local officers to

examine this information, or they can visit theTransportation Division’s website at utu.org, clickon “S&T Tools,” and on the resulting page, clickon “More forms…” at the bottom of the columnmarked “Forms and Documents.”Special Circular No. 31 describes the constitu-

tional provisions involved in the legislative elec-tions this autumn, and the “How to Hold Elec-tion…” pamphlet gives hands-on guidance toconducting elections and includes samples ofnotices that can be posted.There are many provisions not covered by this

article, including those which address candidates’rights and permitted means of campaigning.Those with election questions are urged to callthe Transportation Division office at (216) 228-9400. It’s always easier to address issues inadvance rather than after the fact.

OSHA explains process for whistleblower early resolutionThe Occupational Safety and Health Adminis-

tration (OSHA) issued policies and procedures forapplying a new process for resolving whistle-blower disputes. The new process is an ear-ly resolution process that’s to be used aspart of a regional Alternative DisputeResolution (ADR) program. The ADRprogram offers whistleblower parties theopportunity to negotiate a settlement withthe assistance of a neutral, confidential OSHArepresentative who has subject-matter expertise inwhistleblower investigations. The AdministrativeDispute Resolution Act requires that each federalagency “adopt a policy that addresses the use ofalternative means of dispute resolution and casemanagement.”“OSHA receives several thousand whistleblow-

er complaints for investigation each year,” saidAssistant Secretary of Labor for OccupationalSafety and Health Dr. David Michaels. “The ADRprocess can be a valuable alternative to the expen-sive and time consuming process of an investiga-tion and litigation. It will provide whistleblower

complainants and respondents the option ofexploring voluntary resolution of their disputes

outside of the traditional investigativeprocess.”OSHA piloted an ADR program in

two of its regions from October 2012 toSeptember 2013. The pilot proved thatthe early resolution ADR process is a suc-

cessful method for helping parties to reach amutual and voluntary outcome to their whistle-blower cases. The pilot program demonstratedthat having staff dedicated to facilitating settle-ment negotiations provides an efficient and effec-tive service that is highly desired by complainantsand respondents alike.The success of the early resolution ADR process

has resulted in the agency making it available to allof its regions. This directive does not prohibitOSHA whistleblower offices from offering com-plainants and respondents other alternative disputeresolution processes, such as third-party mediation.For more information, please visit: www.whistleblowers.gov.

Auxiliary Local 200 holdsfirst annual golf outing

Wisconsin State Legislative Director CraigPeachy reports that Auxiliary of the UTU Local200 held their first annual golf outing August 8.Local 200 Auxiliary President Niki Wallace

said, “The Auxiliary is your ally, we are here tohelp and assist in any way we can with providingmembers with the comfort and assistance that isneeded for many occasions. We want to be ableto help where we can and to educate our mem-bers on their spouse and family members’ bene-fits.”“It was a great day of fun for all that attended

and Sister Wallace did a fantastic job of educat-ing our members and their spouses of the manybenefits that the UTU Auxiliary has for ourmembers and their families. She is working veryhard to strengthen and grow the number of Aux-iliary members,” Peachy said.

Former Kan. SLD Lindsey diesFormer Kansas State Legislative Director

Donald F. Lindsey Jr., 67, died Aug. 20, 2015.Lindsey served in the U.S. Army Reserves from

1967 until 1973 and received an honorable dis-charge.Lindsey hired out with Missouri Pacific/Union

Pacific in 1966 as a conductor and had more than 43years of railroad and union service upon his retire-ment. He served his union as secretary-treasurer forLocal 533 (Osawatomie, Kan.) for 40 years as well aslegislative representative and delegate for 21 years. Lindsey was also elected Kansas state legislative

director for six consecutive terms from 1988 until hisretirement in 2010. He served as the UTU represen-tative for BNSF System SACP, serving on two sub-committees.Lindsey is survived by his wife Judy; two daugh-

ters, Suzanne Barbour and Ericka Hart; two sistersPam Cook and Cheryl Meinig; brother Steve Lind-sey; five grandchildren and many nieces, nephews,relatives and friends.Memorial contributions may be made to the Mia-

mi County Cancer Foundation and sent in care ofPenwell-Gabel Funeral Home, 605 O’Neal Ave.,Osawatomie, KS 66064.

www.smart-union.org / www.utu.org / www.utuia.org

Page 10 October 2015 SMART TD News

Continued from page 1The U.S. Department of Transportation’s

Federal Transit Administration (FTA) announceda proposed rule to establish a PublicTransportation Safety Program underFTA’s new safety oversight authorityestablished by the Moving Ahead forProgress in the 21st Century Act(MAP-21). The proposed rule wouldcreate an overall framework for FTAto monitor, oversee and enforce safetyin the public transit industry, and isbased on the principles and practicesof Safety Management Systems(SMS).“Every day, millions of Americans take pub-

lic transportation to get to work, school, med-ical appointments and other important destina-tions,” said U.S. Transportation SecretaryAnthony Foxx. “This new program will help usensure that transit continues to be a safe way toget around, and a safe place to work.”The proposed rule would implement FTA’s

authority to conduct inspections, audits, andexaminations; testing of equipment, facilities,rolling stock, and the operations of a publictransit systems; and for FTA to take appropriateenforcement actions, including directing theuse or withholding of Federal funds and issuingdirectives and advisories. The rule would estab-lish SMS as the foundation for FTA’s safety pro-gram, which focuses on organization-wide safe-ty policy and accountability, proactive hazardidentification and risk-based decision-making.The proposed rule also defines the contents

of a National Public Transportation Safety Plan

(National Safety Plan), which FTA expects topublish in a separate Federal Register notice for

public review and comment in thenext several months. The NationalPlan will include safety performancecriteria for all modes of public trans-portation, minimum safety perform-ance standards for transit vehiclesused in revenue operations, the defi-nition of “state of good repair,” aSafety Certification Training Pro-gram and other content determinedby FTA.

“With transit ridership at its highest levels ingenerations, and our nation’s transit agenciesfacing increased pressure to meet the demandfor service, we must continue to ensure thatsafety remains the top priority,” said FTA Act-ing Administrator Therese McMillan. “Thisrulemaking is a major step forward in establish-ing FTA’s safety regulatory framework, as allfuture safety-related rules, regulations and guid-ance will be informed by the Public Transporta-tion Safety Program.”Public comments on the proposed rule must

be received by October 13, 2015.Earlier this year, FTA announced a proposed

rule to increase oversight responsibilities ofState Safety Oversight Agencies (SSOAs) forrail transit systems, and the publication of afinal interim safety certification training pro-gram. By early 2016, FTA expects to issue afinal SSOA rule, as well as a notice of proposedrulemaking to establish permanent trainingprovisions.

FRA announces final ruleto prevent runaway trains

a lesson learned from the Lac-Mégantic derail-ment, FRA will not hesitate to take additionalactions to keep the rail system in the UnitedStates safe.”On July 6, 2013, an unattended 74-car freight

train carrying Bakken crude oil rolled downhilland derailed in Lac-Mégantic, Quebec. Forty-seven people died and many more were injured.While the Canadian government found thatthere were nearly 20 causes of the accident, amajor cause was that the engineer of the train didnot properly secure the train.Since the Lac-Mégantic derailment, DOT has

taken more than 30 actions, including regula-tions, emergency orders, and safety advisories, toprevent train accidents and improve the safety ofhigh-hazard flammable trains.

FTA proposes rule to establish transit safety program

Labor prevails in Missouri

Union families have betterchance at upward mobilityWhen it comes to reaching for the American

Dream, those who live in states and communitieswhere unions are strong are more likely to have achance to be upwardly mobile according to newresearch released in September.Among working class families, union member-

ship makes a significant difference in the abilityof their children to rise out of poverty. “Unionjobs may be more stable and predictable, whichcould produce a more stable living environmentfor children, and union jobs are more likely toprovide family health insurance.”While the lack of economic mobility in Amer-

ica has become the new normal for many Amer-ican families, the study finds that much of this isdue to the decline in the unionized share of theworkforce.The report finds that Americans today have

less economic mobility and fewer opportunitieswhen compared to their counterparts in otherindustrialized countries. “A U.S.-born child bornin the bottom 20 percent of the income distribu-tion,” for example, has a “7.5 percent probabilityof reaching the top 20 percent as an adult, com-pared to 11.7 percent in Denmark and 13.4 per-cent in Canada.”The report says, “union jobs may be more sta-

ble and predictable, which could produce a morestable living environment for children, andunion jobs are more likely to provide family

health insurance.”Even nonunion workers benefit when they

live in communities or states with a strong unionfoundation. “It has been shown that unions pushup wages for nonunion workers, for example, andthese wage gains for nonunion members couldpass on to their children,” the report said.The report was written by a team of econo-

mists led by Harvard University EconomistRichard B. Freeman; Eunice Han, professor ofeconomics at Wellesley College; and David Mad-land and Brendan V. Duke, both from the Centerfor American Progress.

The SMART Department of Education hasbeen working with local unions from across theorganization on developing strategic plans aimedat building power for members at each affiliatelocal.This includes the discussion and development

of strategic research as well as an introduction toidentifying strengths, weaknesses and opportuni-ties tailored to each geographic area and industrymembers operate in.Organizers at these classes work together and

share resources and ideas cemented by their indi-vidual experiences. All Transportation Division local union lead-

ers and activists are encouraged to attend theseimportant sessions where they can share andlearn new tactics and strategies to assist in betterserving the membership. Contact the SMART Department of Educa-

tion at ccarlough@smart-union.org for furtherinformation.

Continued from page 1

sides of the aisle will need our help in winningtheir next election.“This victory will be short-lived as the republi-

cans have already said that they will introducethe legislation in the next session that begins Jan-uary 6, 2016. With large donations from wealthydonors, the Republican Party has vowed tofinance campaigns against both our democraticand republican friends who made this victorypossible.”

Union members from Missouri pack the hall at an anti-right-to-work rally Sept. 12.

SMART dept. of education

works with locals

The California High Speed Rail AuthorityBoard met in Los Angeles June 9 to hear andgather public input on the proposed Californiahigh-speed rail line. Opposition to the project was organized and

well-funded by conservative groups and businessinterests opposed to passenger rail transport.While opponents came from outside the area,Sheet Metal Local 105 was able to ensure mem-bers’ voices were heard in support of the newconstruction and permanent rail jobs this projectwould create.No decision was made at this meeting as the

board decided to hold further meetings through-out the state so various voices can be heard.

SMART International Organizers Manuel Gonzalez andRaul Lopez along with Sheet Metal Local 170 organizersare pictured here supporting the California high-speed rail(also inside at the meeting were Sheet Metal Local 105organizers and members along with the Los Angeles/OrangeCounty Building Trades Council).

SMART supports high-speed rail

Nigro named General

President Emeritus by GECRetired General Pres-

ident Joseph Nigro wasunanimously approvedby the SMART Gener-al Executive Council(GEC) as the union’sgeneral president emer-itus.Brother Nigro, a career member of Sheet Metal

Local 17 in Boston, served as general presidentfrom July 2011 to May 2015.GP Emeritus Nigro led the union by stressing

accountability and transparency and by clearlymaking members’ interests paramount in uniondecisions at every level. At the same time, Nigroled the unprecedented merger of the SMWIA andUTU. The complex process was completed atSMART’s first general convention August 2014,where delegates elected him as the merged-union’sfirst general president.The GEC cited those and other lasting achieve-

ments in awarding Nigro GP Emeritus status. In anhonor closer to his roots, Local 17 recently namedthe main union hall facility in his honor.

www.smart-union.org / www.utu.org / www.utuia.org

October 2015 SMART TD News Page 11

School bus safest transportation for studentsBy NTSB Chairman Christopher A. HartOver the next few weeks, nearly 50 million

children will head back to school; more than 20million of those students, including my daughter,will ride on a school bus.When I talk about how to safely

transport children to and fromschool, and more specifically aboutschool bus safety, one of the firstquestions I am asked is “Why aren’tschool buses required to have seatbelts?” The answer isn’t simple, butI’ll explore it below.First, let me convey something

that is simple: school buses, with or without seatbelts, are the safest way to go to and from school!Your child is safer riding in a school bus, evenwithout seat belts, than any other way to get toschool, including your own car.Every year, more than 30,000 people are killed

on the nation’s roadways. In fact, motor vehiclecrashes are the leading cause of death for school-age children. Each year approximately 800school-age children are killed in motor vehiclecrashes during normal school travel hours (Sep-tember 1 through June 15, Monday through Fri-day, 6:00 a.m. to 8:59 a.m. and 2:00 p.m. to 4:59p.m.). The numbers are worst for teenagers driv-ing themselves to and from school, who are at thehighest risk of injury or fatality. The risk for teendrivers is about eight times higher than the riskfor teens driven by adults.Which children are safest? The ones on the

school buses. Of those 800 school-age childrenkilled in motor vehicle crashes per year, only 20 –or 2 percent – were school bus related. Five werepassengers on a school bus, and 15 were pedestri-ans approaching or leaving the bus. The other 98percent were children riding bicycles or motorcy-cles, or riding in or struck by passenger vehicles.School buses have the lowest injury and fatality

rates of all motor vehicles.I understand why I am so often asked the ques-

tion about school buses and seat belts. It’s naturalfor us, as parents, to question what appears to be

a glaring safety gap. We aretaught from the momentwe bring our childrenhome from the hospitalthat we need to have themproperly restrained in achild safety seat, and abooster seat as they growolder, and we constantlyhear the message that all ofus need to be buckled up

on every trip.The answer regarding school buses is that the

regulators and manufacturers have pursued aholistic total protection approach, rather thanjust focusing on seat belts. To understand howthis came to be, some history about school bussafety might be helpful.Back in 1977, school buses were redesigned

because they weren’t protecting students as wellas they should. As for the protection that we nor-mally associate with seat belts, regulations calledfor a design that was known as “compartmental-ization” because seat belts were not widely wornin 1977. Compartmentalization requires closelyspaced, energy-absorbing, high-backed, paddedseats which absorb crash forces and provide theprotection needed during a front or rear-impactcrash. And, as the statistics show, compartmen-talization works in those types of crashes. Experi-ence has shown that seat belts are an importantcomplement to compartmentalization in sideimpact and rollover crashes, but experience hasalso shown that side impact and rollover crashesare very rare.Other new rules were passed as well. Some of

these rules required a stronger roof to protect stu-

dents in a rollover and a stronger structure toensure safety during the most severe crashes.Others focused on the stop-arms, the bright (yel-low) color, the exterior lights and the rules forother motorists driving near the bus. The factthat students sit high above the ground in aschool bus is also an added safety benefit.Given the success of this holistic approach in

school buses, we have not recommended seatbelts, but we have pushed for continuing toexplore more holistic remedies to protect the stu-dents. Taken together, school buses are nowrequired to meet more federal regulations thanany other vehicle on the road.Remember, with or without seat belts, children

and teenagers are safest riding to and from schoolin the school bus.Have your child ride the school bus and know

that they are going to and from school in thesafest way possible.

Why become an Auxiliary member?

• Unites families of SMART transportation division;

• Eight 4-year scholarships of $1000 awarded every year;

• Stay connected on legislative issues that affect your,

family, spouse or relatives;

• Access to Union Plus discounts, scholarships and other

benefits.

Who can become a member?

• Spouse, family or relatives of a SMART TD or Auxiliary

member in good standing;

• Retired SMART TD members or employees;

• Employees of SMART TD at the International;

• Staff of state legislative boards, general committees or

the legislative office in Washington, D.C.

• Spouse, family or relatives of a deceased SMART TD

member that was in good standing at time of death.

ONLY $5 to join. Visit www.utu.org/auxiliary for an application.

UTU Insurance Association has BIG News!

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With three levels of coverage, even with pre-existing conditions, we may have aplan for you.

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To receive additional information on our new Final

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Information, pleaseI would like more information on UTUIA’s Final Expense Plan.

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Complete and mail to: UTUIA Sales Dept., 24950 Country Club Blvd., Ste. 340, North Olmsted, OH 44070-5333.

Full name Date of birth SMART TD Local

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Telephone number with area code

The Federal Railroad Administration (FRA) sent itsStatus of Positive Train Control Implementation reportto Congress. The report is mandated by the House ofRepresentatives Appropriations Committee and showsthat after seven years and significant assistancefrom FRA, most railroads will miss the Dec. 31,2015 positive train control (PTC) implementa-tion deadline that Congress established in 2008.“Positive Train Control is the most significant

advancement in rail safety technology in morethan a century. Simply put: it prevents accidentsand saves lives, which is exactly what we seek todo at the Department of Transportation everysingle day. We will continue to do everything in our pow-er to help railroads install this technology,” U.S. Trans-portation Secretary Anthony Foxx said.The National Transportation Safety Board (NTSB)

began calling for train control systems like PTC in 1969,and FRA was involved in establishing PTC standardswith stakeholders for more than a decade before the 2008mandate. Three years before Congress passed the PTC mandate,

FRA issued its final rule that established uniform PTCstandards for railroads willing to voluntarily install thetechnology.PTC prevents train-to-train collisions, over-speed

derailments, incursions into established work zone limitsand a train going to the wrong track because a switch wasleft in the wrong position.In 2008, Congress passed the Rail Safety Improvement

Act (RSIA), requiring all Class I railroads transporting

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Published bi-monthly (with twoextra issues per year in May andJuly each year for a total of eightissues) by SMART TD, 24950COUNTRY CLUB BLVD., SUITE340, NORTH OLMSTED, OH44070-5333 • Periodicals postagepaid at Cleveland, Ohio, and ad-ditional mailing offices • John Pre-visich, SMART TransportationDivisionPresident • This publication avail-able on microfilm from NationalArchive Publishing, P.O. Box 998,Ann Arbor, MI 48106.

POSTMASTER: Send addresschanges to SMART TD News,24950 Country Club Blvd.,Suite 340, North Olmsted, OH44070-5333.

OCTOBER 2015

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T R A N S P O R T A T I O N D I V I S I O N

This photo was taken by retired KCS conductor Philip Moseley of Local 1042

(Guthrie, Okla.) “I took this picture in Roanoke, Va. last July 4th weekend when I rode

a steam excursion of the newly restored N&W 611 ‘J’ class steam locomotive.”

www.smart-union.org /

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

Money-saving tips to help thefurloughed member. See pages 6 & 7.

BNSF’s first woman engineerinducted into N.D. Railroad-ers Hall of Fame. See page 8.

FRA issues advisory on bal-last defects. See page 4.

PEB 248 issues report onNJT/Rail Labor Coalitiondispute. See page 1.

Inside this issue of SMART Transportation Division News:

SMART Transportation Divi-sion is always looking for goodphotos,  and  awards  prizes  tomonthly photo winners.

SMART  TD  seeks  photo-graphs  or  digital  images  ofwork-related  scenes,  such  asrailroad,  bus  or  mass  transitoperations,  new  equipmentphotos, scenic shots, activitiesof  your  local,  or  photos  ofyour brothers and sisters keep-ing America rolling.

Printed photographs shouldbe  mailed  to  SMART  TD,24950  Country  Club  Blvd.,Suite 340, North Olmsted, OH44070-5333.

High-resolution digital pho-tographs should be in the JPEGformat  and  emailed  to“news_td@smart-union.org”.

With  each  photograph,please include your name andSMART  local  number,  thenames  of  the  persons  in  thephoto (left  to right), where thephoto was taken, and all otherpertinent information.

All  photographs  submittedbecome property of SMART.

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

FRA reports most railroads won’t meet PTC deadlinepoisonous-by-inhalation hazardous (PIH) or toxic-by-inhalation hazardous (TIH) materials and all railroadsproviding passenger service to implement Positive TrainControl by Dec. 31, 2015.

FRA has provided significant assistance and sup-port to railroads in order to help them become PTCcompliant. Those efforts include:•Providing more than $650 million to passenger

railroads, including nearly $400 million in RecoveryAct funding.•Issuing a nearly $1 billion loan to the Metropol-

itan Transportation Authority to implement PTC on theLong Island Rail Road and Metro-North.•Building a PTC testbed in Pueblo, Colo.•Working directly with the Federal Communications

Commission (FCC) and the Advisory Council on His-toric Preservation to resolve issues related to spectrum useand improve the approval process for PTC communica-tion towers.•Dedicating staff to continue work on PTC implemen-

tation in March 2010, including establishing a PTC taskforce.“The Federal Railroad Administration will continue to

use its resources and expertise to help railroads achievethe critical goal to have Positive Train Control imple-mented,” FRA Acting Administrator Sarah Feinbergsaid.

Volume 47 • Number 6 • October 2015 International Association of Sheet Metal, Air, Rail and Transportation Workers

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

Transportation Division News