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In accordance with the Constitution and Bylaws, the Constitution and Bylaws Committee was convened prior to Convention to consider all proposed amendments as submitted by May 1, 1998 and printed in the BMWE JOURNAL. The Committee, after careful consideration of each of the 81 proposals, then prepared its report, recommending either change or no change. After the delegates considered the Committee's main report, they considered the supplementary report which was comprised of new motions from the floor of the Convention which had not been published.

Left to right, standing, Advisor Gary Housch, John Kruk, Mark Hemphill, Advisor Ernie Torske, Bill Palmer, Dick Taylor, Chairman Jim Knight, Randy Cook, Perry Geller. Seated, Advisor Joel Myron, Secretary Leon Fenhaus, Vice Chairman Jed Dodd, Ron Bowden, Advisor Rich Lau, Rick Wehrli, Bruce Glover. Not pictured, Kent Turner, Advisor and Brenda Sequin, Staff Support.

No Dues Increase

On Tuesday afternoon, the delegates reached the point of the most vigorously debated question -- the recommendation of a dues increase -- a change to Article XIX, Section 3, Paragraph 2 of the Constitution and Bylaws. The recommendation was to change the formula from nine-tenths (9/10) to one and two tenths (1.2) of the average straight-time hourly rate-of-pay effective January 1998; from one and five one hundredths (1.05) to one and three and one half tenths (1.35) effective January 1999; and from one and two tenths (1.2) to one and three and one half tenths (1.35) effective January of each succeeding year. After considerable debate, a roll call vote was taken, the results being 204 votes yes, 297 votes no and 17 missing. The motion failed.

Heard at the Microphone During Debate on a Dues Increase

Jim Knight, Constitution and Bylaws Committee (Lodge 2067): The BMWE is approaching another national round. Large expenses are anticipated, just as we had in the last round, if not more. The union must be funded on a regular basis, so we don't want to wait to the end of the period for a big increase, we want to work with you collectively. We want to build on the success of the past and funding is needed to do that, and we want to continue to strive forward.

Mark Poss, Lodge 908: ... I am the group conscience of Lodge 908. They speak through me here, I, therefore, will not and cannot vote in favor of any and all proposals that will raise membership dues. Lodge 908 has spoken.

Ed Long, Lodge 482: ... I have in my hand here a pack of chewing tobacco that costs just about the same as what this proposal is costing me as a member once a month. If I have to give up this pack of chew to receive the benefits and enhancements that I'm getting by being a member in this Brotherhood, I'm more than willing to do that. And anyone that knows me, there isn't much of anything or anyone that comes between my pack of chew and myself.

Ron Friend, Lodge 741: ... We cannot, and Lodge 741 will not, support a dues increase until we have either a pay increase or action is taken to work towards reducing retirement for my brothers.

Rick Wehrli, Lodge 941: Today they referred to me as the cheapskate, the squeak, if you will. ... What we have today is we're spending more money on our existing services than we have coming in. It's pretty simple. If you don't pay for them, they're going to go away. ...

Gene Anirina, Lodge 3014: I'm opposed to this amendment. ... I think before you take money from the members that I represent, you have to curtail some of your expenses. I can't vote for something like this.

Frank Coleman, Lodge 547: Now I'm known as a cheapskate myself, but I want to ask a question of you brothers right now sitting here. How many of you would like to work for the carrier you're working for today and don't have a union? ... The delegates here were elected to be leaders and be the voices of the rank and file. We should take some accountability and responsibility today and vote the right way. Don't fall asleep at the wheel, fellows, because it will be a sad day when this union goes busted and we're out there working with nobody protecting our backs.

Legislative Assessment Passed

Jed Dodd proposed from the floor that the current $8 yearly assessment to be used for the Legislative Department be replaced with a $1 monthly assessment. This was a previously published proposal that the Committee originally did not recommend in anticipation of a general dues increase being passed. When that did not happen, the Committee supported this proposal. This motion was passed by a voice vote. During debate, delegates heard from included:

Jed Dodd, Lodge 3068: I consider $4 a year to be a relatively modest increase for the tremendous services that we get from our Legislative Department. At the end of the [PEB] 229 contract, the average maintenance of way worker is going to take home more than $4,500 a year each year because of the wages that were negotiated in that agreement. ... I consider $4 a year to be extremely modest, in fact, a bargain. ...

Henry Friesen, Lodge 317: I was here four years ago when we voted on this eight dollars for the Legislative Committee, and I voted for it. ... So I haven't been able to see where this has helped us, at least in Canada. ... So I definitely am going to stand against it this time.

Kevin Hussey, Lodge 3068: Brothers, the railroads are spending billions to crush us. The corporate world is spending billions to crush us. They're buying judges, they're buying legislators. ... We better wake up and spend a few bucks if we want to survive.

Gerald Spencer, Lodge 1214: ... I'm not against taking the $8 a year as it stands right now. ... [But] if there's money needed, why isn't the information getting out to us prior, and out to the guys in the field? Show us where the money's going, where it's needed and stuff. ...

Bargaining Assessment Passed

William LaRue proposed the following from the floor: Effective January 1, 1999, each member shall pay a special assessment of one dollar per month. Funds derived from this special assessment shall be solely for the purpose of preparing for and carrying out the next general round of bargaining, including presentation before the Presidential Emergency Board and related activities. Such assessment shall be terminated on January 1, 2003, unless extended by the action of the delegation assembled in Grand Lodge Convention. This motion passed by a standing vote. Heard during debate:

William LaRue, Lodge 3089: ... Negotiations last time cost us $2,331,549.49. ... The facts are, that if we don't put something in the pot and we don't put in for negotiations ... You are going to have to make a choice how much you want to spend on negotiations. You can't continue to take $2 million out of the treasury, put on a show and walk in here and for less than one cent an hour tell me that I want more. I want more in Washington. I want early retirement. I want, I want.' If you want, you've got to pay for what you want. And right now we're not paying for it.

Allan Robertson, Lodge 207: I was sent here by the members I represent with a mandate, a clear mandate, and one of them being to make sure that there were no dues increases of any kind. ... We in Lodge 207 want to go on record right now here saying we will vote no again to any and all proposed dues increases.

Henry Jajuga, Lodge 227: ... It stands to reason if all of you brothers would like a little better house, you're going to pay a little more money. If you'd like a little better vehicle to drive, you're going to have to pay a little more money. If you'd like a little better working conditions, a little better agreement to work under and a little better people in there to negotiate our contracts for us, you've got to pay a little more money.

Johnny Oeth, III, Lodge 798: I'd like to go on record as Lodge 798 as voting no on this, as I did before, ... because that's why I'm here. ... As I said before, 798 is strongly against this.

Steve Mackey, Lodge 2405: I stand up here in support of this Grand Lodge Convention and I'm also here to support my Local Lodge 2405. ... You don't have to be a rocket scientist to figure out four years once a month per man, you're looking at $48 over the four-year deal. Now, $48 is probably going to come back to you in the first half check under the new contract. And if it don't, it will be in the first month. You've got to be able to think past your nose.

Henry Helfenbein, Lodge 125: My local lodge also gave me a mandate to come here and ensure that we were not going to have a dues increase, and I have to stand behind what my lodge told me to do. That's who I'm here to represent. And I have a further problem with Mr. LaRue's proposal here, and that is I would like to know how much of that money is going to come to the Canadian brothers if we get into a negotiation problem.

H. P. Wilson, Lodge 1300: [Brother Wilson received a standing ovation after his remarks.] Brothers, I'm for this because I've seen what happens in the southern coal fields as a former member of the United Mine Workers standing alongside Brother Trumka, which you guys in this hall got tingly and give him all your support of what you were going to do for the fight of the union in this country. Now I've been on picket lines where you dodge bullets. You don't worry about 10 cents. You worry about if you're going to get your head shot off. I've seen blood on the picket lines. I've been where it's tough. That don't make me special, but I'm going to tell you something right now. If you don't get prepared to get set and be prepared to stand for something and if you can't give a dollar to improve the livelihood of your families. Because when I look at you, I see little kids and I see wives, I see moms and dads that need taking care of, and the health fund ain't doing us any good, you need some money, you're not going to get it if you don't prepare to get in your pocket and give a quarter. Brothers, you supported Brother Trumka. This place was electrified. That image that just left is shamed by this kind of action.

No Change in Organization Structure

A number of proposals dealt with changes to the structure of the BMWE, including elimination of system divisions and federations; elimination of regions; reorganization of vice presidents' jurisdiction. All of these proposals failed. Related to these proposals were several that called for ways to merge systems. These proposals also failed. Heard during debate on elimination of systems:

Sean Ferris, Lodge 3023: ... These reform proposals [eliminating systems] are undertaken for two very important reasons. One is that it makes dues uniform, which is essential. And, number two, so that representatives are available across the system federation lines into regions. ...

Jim Knight, Chairman, Constitution and Bylaws: ... It would create territories that conflict with the properties as they exist today. It's somewhat of an administrative nightmare. We don't know who would absorb that responsibility. ... We [the Committee] saw it as a destruction of the system as we have it today without a way to mend it.

On merging systems through the Grand Lodge Organizing Department:

Rene Pena, Lodge 121: The proposal is to merge or consolidate the systems and locals. I mean if we're talking about change and the railroads are merging, we, as local lodges, we've got to start somewhere, and it's got to start from Grand Lodge ...

Bill Glisson, Lodge 2655: I stand against this proposal. This is [system] business, not Grand Lodge or the Organizing [Department's] business, and any kind of realignment or mergers is up to the members of that local or [system].

On merging systems using the following method: If 30 percent of the membership of each system sign a petition that they desire to merge, a vote is taken separately in each system, and if 50 percent of those voting desire to merge, then the systems will merge.

Allen Hohbein, Lodge 306: ... In today's world I believe our organization is slow moving to react to the changes that we have to face with the carriers that are merging to ever greater and greater size. ... When you deal with [a large number of systems] employed by one carrier, the carriers use the divide and conquer' over and over again.

David Collins, Lodge 536: I am 100 percent against this for one reason, that's that 30 percent that's written in there. ... Sometimes ... I have had nine people show up at my meetings. That means three people can vote to make a merge. ... Sixty percent of the voters is the only way I would vote for anything of this way.

Gary Hart, Lodge 1847: I'd like to speak in favor of this proposal ... What we need to do is find a structure in which we can more effectively stand up for the rights and improve the lives of the rank-and-file members who are working. We can do this by effecting mergers between the [systems] so that there will be a more efficient representation of the workers who are working for the same carrier.

Roger Sanchez, Lodge 1507: I rise against the amendment for two reasons. Number one is, maybe certain [systems] out there ... don't have as much funds as a lot of other [systems] because some might be bigger compared to some of those that are smaller.

No Direct Elections

Jed Dodd proposed from the floor that "all Grand Lodge Officers will be directly elected by the rank and file in a secret ballot vote rather than through the current method of selecting officers through the delegate process." This motion failed. Heard during debate:

Jed Dodd, Lodge 3068: ... I would appeal to your sense of duty to our union and to our future to support this proposal. Our union is in grave jeopardy. Yeah, we had a decent national agreement, one that I supported, and two months later, the railroad management and the government cooperated by stealing it from us through a merger scheme. No sooner is the ink dry on that agreement than the government cooperates and takes it away. The only way we can effectively fight this is with our rank and file, and the only way we can fight this effectively with the rank and file is if we energize it and trust them to lead us properly through this period, and that requires that they directly elect the officers of the union. ...

Raymond Ash, Lodge 1246: Brothers, in our electoral system, we have what is called a silent majority. They remain silent until events so anger or affect them that they rise up making their voices heard at the ballot box. I believe the underlying resistance to direct elections can be traced to a fear of this sleeping giant. ...

No Change To Strike Fund

The Constitution and Bylaws Committee recommended that monies in excess of $15 million dollars in the current strike fund may be used at the discretion of the President, with the approval of the Executive Board, to defray expenses incurred by rank-and-file members to attend education seminars and activities sponsored by the BMWE. This proposal failed. Heard during debate:

Rich Minser, Lodge 3095: Education is one of our most valuable assets to build a strong and organized union. ... The question here is, how can the union better serve its members? The answer is education. Thank you for any support you can offer on this issue.

Allen Hohbein, Lodge 306: ... It is not an educational fund, it is a strike fund with specific purposes, to provide for strike benefits. I close by saying, leave the Strike Fund alone.

Randy Caldwell, Lodge 711: ... I appeal to you to raise the working man from the trenches, and I appeal to your sense of dignity that there is only one way to raise the working man from the trenches, and that is through education. ... This proposal does not call to eliminate the Strike Fund. It call to cap it off. It call to take excess monies and use them to educate our membership. ...

David Tanner, Lodge 918: ... We need to increase the Strike Fund, not decrease it. I quote a message directly from the Western Region worded as they had me word it to you. Keep your money-grubbing hands off our Strike Fund.'

Key Resolutions Adopted

More than 50 resolutions were either submitted to or proposed by the committee. Many subordinate lodges submitted resolutions dealing with the same subject. When that was the case the Resolutions Committee, which convened prior to Convention, combined them to avoid unnecessary duplication. The first 28 resolutions in the Committee's report were so-called "reaffirmed" resolutions; resolutions previously approved by previous conventions and "resolutions that we live by almost daily," said President Fleming. These first 28 were passed in a block by the delegates and dealt with subjects including: strike fund, contracting out, unemployment benefits, short lines, job stabilization, Maintenance of Way Political League, Federal Employers Liability Act, memorial plaque, Veterans' pledge, retirees. Other resolutions passed included the following:

Left to right, standing, Advisor Don Bartholomay, Advisor Larry Borden, Rick Phillips, Tom McCoy, Roger Sanchez, Advisor Ken Deptuck, Advisor Paul Swanson, Advisor (Credentials) Jim Superfisky. Seated, Vice Chairman David Joynt, Chairman Hayward Granier, Secretary Mark Wimmer, Greg Barbati, Gary Cox. Not pictured, Ron Liberty, Committee Member and Donna Horodko, Staff Support.

Resolution No. 29 - Consolidation of Unions

It was resolved that the delegates go on record to request that the Grand Lodge President explore all avenues to the feasibility of affiliation, etc. with all other rail and/or non-rail unions.

Resolution No. 32 - National Vacation Agreement

It was resolved that the National Vacation Agreement be amended to provide that an employee working less than his qualifying period will receive vacation on a pro-rated formula based on actual number of days of compensated service in the calendar year.

Resolution No. 33 - Labor Party

It was resolved that the BMWE continue its affiliation with the Labor Party and called upon the Grand Lodge to ensure that the BMWE is adequately represented at the Labor Party's first Constitutional Convention in November 1998 and successive conventions of the Labor Party. Also, that the support of the BMWE be shown by using the JOURNAL to frequently report on the activities of the Labor Party. It was also resolved to encourage officers and members to join the Labor Party and to encourage and promote the Labor Party generally within the trade union movement.

Roger Bobby, proposed an amendment to the Labor Party resolution that called for support of the Labor Party rather than affiliation and that Grand Lodge involvement would be funded only by a special account set up to receive voluntary contributions. Heard during debate:

Roger Bobby, Lodge 2825: ... Brothers, we heard much debate about the need for additional dues to fund the operation of this Brotherhood. The amount that Grand Lodge requested was not passed. We also heard many brothers state their opposition to the dues increase. Again, this gives Grand Lodge an additional one cent per month based on only three years' of expenditures expressly for this cause. ...

Jim Knight, Lodge 2067: ... Brother Roger Bobby wisely pointed out to me that it was a penny per member, but I guarantee you, we're getting our penny's worth. ... It's the greatest thing we've got going right now.

Kevin Hussey, Lodge 3068: ... What came up over and over and over again [yesterday] is that we have to get together with other unions so that we have a powerful voice. The Labor Party is that voice. They've helped us in our past round of negotiations just by meeting other people. They've opened doors for us in Washington. They've opened doors for us with the press, and to defund something like that that's helping us, helping us enormously, is idiocy. ...

Danny Gates, Lodge 1980: ... If everybody gets the JOURNAL in this room, you should remember the name Gus Owen from the Surface Transportation Board. Without the support and help of the Labor Party, we would have never got Gus Owen off that Board.

Randy Caldwell, Lodge 711: ... Brother Bobby's amendment ... takes the teeth out of the dog. ... I remind you, if you open the charter of the Labor Party, you're going to see that the United Mine Workers were one of the first people on board with the Labor Party. ...

Resolution No. 35 - Organizing

It was resolved that the delegates direct the Organizing Department put a plan together that will result in bringing union benefits to our unrepresented brothers and sisters and result in real growth for the BMWE. Further, that the President and the Executive Board review the plan and authorize expenditures that will meet the stated goal. During the discussion of this resolution, two of the representatives from the newly organized Florida East Coast Railroad spoke.

Mark Ferris, Lodge 2914: ... Brothers and sisters, I know what it's like to be unorganized. I know what it's like to be kicked down by the carrier and not have anybody there to pick you up or stand and support you. On the Florida East Coast for the last 30 years since the BMWE fought a bitter strike and the carrier won, we've been picking one another up off the ground. I'm going to tell you what, excuse my language, but it feels damn good to have a big brother on my side to help pick me up or stick up for me when the carrier starts picking on me. I speak in support of the Organizing [Department]. Two organizations tried to come down and organize us prior to this and it failed. Paul Swanson and his team, Tim McCall, Mark Barbour, Carl Stark, they came down and they had a vision and they had a game plan. Not only did they have that, but they followed it through. ...

Godfrey Brown, Lodge 2915: ... But I'm just here to say hats off to the BMWE for their effort trying to go out and reach people that's not organized, and I'd like to say I just thank God for the Brotherhood. You don't know how I feel right now today for the 20 years I've been employed on the Florida East Coast Railway and the difference that BMWE has made just since we organized. I heard someone in management say, I guess we've got to get used to dealing with BMWE because Jim Knight is a bulldog.'

Resolution No. 37 - Railroad Retirement and Medical Benefits

It was resolved that the delegates direct the Grand Lodge President to urge all U. S. Representatives and Senators to introduce and/or support federal legislation to base qualification for full railroad retirement pension benefits which would permit an employee with 30 years (360 months) of serve to retire at age 55; and further, that the Grand Lodge President negotiate into the next national agreement and similar agreements with individual railroads a provision requiring all railroad employers to pay full medical benefits to any employee with 30 years (360 months) of service who retire before age 65.

Resolution No. 47 - Fight Discrimination on Railroad Properties

It was resolved that the Convention go on record to fight discrimination on railroad properties across the United States and Canada with all of the commitment of which we are capable within the context of financially prudent allocation of resources.

After the conclusion of the Resolutions Committee Report, Russell Orr, Lodge 676, moved that a rejected resolution be reconsidered. This proposed resolution basically called for making whatever changes were necessary to take away the seniority of supervisors in the maintenance of way department. After considerable discussion, the motion failed. Heard during debate:

Russell Orr, Lodge 676: ... We've had a lot of trouble ... with supervisors that are paying dues ... breaking our union agreements, and then when they want to come back, having our general chairman to come back and having to defend them at the investigation.

Gerald Spencer, Lodge 1214: ... I think until you can come up with something where you can deal with people on a case-by-case basis, it's not fair to the supervisors we have working out there now that were good maintenance of way people before they were promoted and still carry on a lot of our beliefs with them. ...

Ron Friend, Lodge 741: ... To address the one brother that said we should continue to take their money as long as they're brothers and keep their seniority, anybody that knows me knows that I can put a fair amount of grub away, but can tighten my belt not to take their money. ...

Gary Fry, Lodge 3082: ... Very few of the supervisors have the best interests of the men. ... I'd like to take the money, but you know what, forget it.