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ONLINE VERSION DECEMBER 1998
BMWE 1998 : April - June

April

April was a busy month as the BMWE made final preparations for the fast approaching Grand Lodge Convention. On Sunday, April 5, 1998, in Panama City, Florida, former employees of the Atlanta & St. Andrews Bay Railroad Company finally received their settlement payments after four long years of legal battles. On April 8, 1998, 10 named current and former employees of Amtrak filed a race discrimination class action against Amtrak. The BMWE Pennsylvania Federation was also included as a plaintiff. Enthusiasm was high as newly organized members of the BMWE from the Florida East Coast Railway held their first Lodge meetings during the month and elected officers. Many of the in-house organizers continued their union efforts by accepting leadership positions in their lodge.

"This case is designed to eliminate the pattern and practice of discrimination which Amtrak commits in assessing discipline and in promotions," said Anthony Rochon, Vice Chairperson on the Pennsylvania Federation. Rochon has received the highest praise from many on Amtrak who have been involved with the case. "It was Brother Rochon's single-minded commitment to stopping Amtrak's actions that took this case off the planning board and into the courtroom and he should be commended for never giving up hope," said activist Bill Regan, former president of BMWE Lodge 987, Consolidated Rail System Federation.

April 6, 1998, St. Augustine, Florida

PHOTO - Left to right, James Knight, Seaboard Federation General Chairman, installs Subordinate Lodge 2914 Officers, Mark Ferris, President, Tom Taylor, Secretary-Treasurer and Local Chairman, T. J. Fleming, Chairman, Auditing Committee, Jerry Bell, Vice President, B. C. Reeves, Recording Secretary, George Holman.

Retirement Celebration

PHOTO - Ron and Janet Trauger

Ronald and James Trauger, both Amtrak employees and 23-year members of the BMWE, Lodge 3014, along with their sister Joyce Tippett and their spouses, honored their father Ron Trauger with a celebration in April, after he retired with 45 years of service on the railroad. During those 45 years, Trauger, an engineer and member of the UTU, worked on the same line as it went from the Pennsylvania Railroad to the Penn Central to Conrail to Amtrak. To commemorate the occasion, Sandra Quinn, wife of Pete Quinn, also an Amtrak employee and 22-year member of the BMWE, Lodge 3014, wrote the following poem:

Extra! Extra!

Extra! Extra! Read All About It!
Ron Trauger Retires after 45 Years of Service.

Tonight we are here to honor
Engineer Trauger at his retirement.
He decided to call it quits after a
45-year stint.

He was a dedicated employee.
He never was late.
He was up at the crack of dawn.
Just ask Janet his mate.

Ron operated the train through the
snow, wind, and rain
He always showed up for work
even if he was in pain.

Yes, Ron operated the train for 45 years.
Now the remaining employees are
going to shed tears.

Ron Trauger was a hard worker
and a good friend to many.
He also was very generous, he'd
give you his last penny.

So after 45 years Ron is call it quits.
Without him AMTRAK will be the pits.

Ron Trauger was dedicated to his
job and his family as well.
If his family were ever asked to
trade him they would not sell.

Unfortunately Ron missed many
family parties and affairs.
You couldn't keep him from his job
even with a hundred stares.

Now Ron Trauger will have time to
to out for a jog.
Let's hope he doesn't sit around and
get fat as a hog.

There will now be a lost of
time to travel and play.
Ron can even spend much more
time in the hay.

Maybe he'll take up knitting
or try to sew.
But I think he might be better
in the garden with a hoe.

Now maybe he'll have more
time to baby-sit.
I heard he can be pretty good with a mitt.

More time will be available for
Joyce Ann, Ronnie, and Jim.
It will be nice to kibitz
before Ron's eyesight is too dim.

So here's to you Ron Trauger
we give you a salute.
Now it's time to start spending
all of your loot.

It won't be east in the beginning,
You might even experience some stress.
But we're sure Ron Trauger can get
out of any mess.

So "ALL ABOARD" everyone,
join in the fun.
Let's all continue to party until
we can see the sun.

May

The BMWE Organizing Department didn't take a rest after its successful campaigns on the Atlantic & Gulf, Georgia & Florida and Florida East Coast railroads, but continued with strong efforts on the Dakota, Minnesota & Eastern. At 5:00 a.m. on May 12, about 2,500 BMWE members on the Burlington System Division went on strike against the Burlington Northern Santa Fe over a seniority issue. The railroad was successful later that morning in getting a temporary restraining order halting the strike and also on June 2 in Federal Court in Dallas, Texas when the judge ruled the dispute to be minor, forcing the BMWE to take the issue to arbitration.

Organizing on the DM&E

PHOTO - BMWE President Mac A. Fleming, left, with Lyle Ellias, in-house organizing committee member, at Ellias' home in Waseca, Minnesota.

PHOTO - President Fleming with John Kosman, center, organizer and member of the Burlington System Division, and Carl Stark, Organizing Department Staff Assistant, at New Ulm, Minnesota.

PHOTO - BMWE Director of Organizing Paul Swanson with Lyle Ellias.

President Fleming lent his assistance to the ongoing organizing campaign on the DM&E when he made house calls to workers on May 3 and 4 in Minnesota. Unfortunately, the carrier was successful in opposing the efforts of the BMWE and the campaign failed.

As reported in the June/July 1998 issue of the BMWE JOURNAL, in 1997 BMWE obtained the necessary number of authorization cards to bring to the National Mediation Board and force an election on the DM&E. The Organizing Department, with the able assistance of Leon Fenhaus, C&NW System Federation General Chairman, and others, mounted a hard fought effort to win the election.

In response, DM&E management created a company union, provided some employees with raises and other bonuses during the organizing drive and threatened to lay off 35 of the 85 MofW workers if the union drive was successful. When the votes were counted, 42 of the 85 workers returned their ballots. Although 38 voted for the BMWE, a majority of the 85 did not vote as required, so BMWE lost the election.

However, the NMB had failed to send out ballots to two MofW workers who were entitled to them. The BMWE filed a complaint with the NMB charging that the two ballots could have changed the outcome of the election and that the DM&E interfered with the vote.

While investigating this first election on the DM&E, the NMB found that although they made a mistake in sending out ballots, a mistake significant enough to affect the outcome, the company did not interfere with the election. The NMB did, however, after nearly a year, order another election. The company, realizing that the NMB would allow interference, increased its harassment tactics, and the BMWE lost the election.

Conrail Carve-Up Effects

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PHOTO - Jed Dodd, left with Bill Bon.

On May 8, 1998, a meeting was held at the Golden Lodge Steelworkers Hall in Canton, Ohio to discuss New York Dock Protective Conditions with Conrail MofW employees in preparation for the possible shutdown of the Canton shops by CSX and Norfolk Southern after they take over Conrail. Held by BMWE General Chairmen, Jed Dodd, Pennsylvania Federation, and Perry Geller, Consolidated Rail System Federation, the meeting was also attended by Grand Lodge Vice President Henry Wise and General Counsel Bill Bon.

Political Rally in Colorado

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PHOTO - "Mac is Back" proclaimed the flyer announcing President Mac A. Fleming as guest speaker at the BMWE Political Rally held in Pueblo, Colorado on May 23, 1998, at the Convention Center. Also speaking were Mike Thomas, BMWE State Legislative Director, who organized the event, Gil Romero, who talked about his bid for the U. S. Senate and the importance of participation in the political process and Ernie Hernandez, President of Local 2102 of the United Steelworkers, who talked about the ongoing struggle of his union with CF&I. Workers struck CF&I, whose most important product is steel rail, on Oct. 3, 1997.

June

June was another busy month during which BMWE members engaged in a variety of activities. After almost three years and over 60 bargaining sessions, the BMWE reached an agreement with Grand Trunk Western. After ratification by 96 percent of the members voting, the agreement was officially signed on June 12, 1998.

PHOTO - June 1, 1998, Cleveland, Ohio, Consolidated Railroad System Federation Convention, delegates, officers and guests.

Demonstration Against Norfolk Southern Harassment

PHOTO - Left to right, Dave Waldo, John Haynes, Sam Sunzeri, Tom Mulford, Rick Parades, Bruce Tatum, Bob Rockey, Heather Zimo, Kent Bushman, Jeff Bainter, Ron Piklapp, Bill Tipton, Mike Flowers, Perry Rapier, Bill Zimo (AKA The Grim Reaper), Bob Jennings, Josh Hines, Michael Rapier, Mark Barbour.

PHOTO - Larry Piercy
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For hours in mostly heavy rain, BMWE members demonstrated in front of Norfolk Southern's offices in Fort Wayne, Indiana on June 16, 1998, while inside BMWE member Larry "Wilbur" Piercy was undergoing a formal investigation following his removal from service as Norfolk Southern continued its longstanding policy of intimidating and harassing injured members.

Piercy, a Vietnam Veteran who is one of the most decorated soldiers from Indiana and has two flight medals for over 50 hours in the air during the war, has almost 23 years of service with the railroad. On Friday, May 22, while moving spike kegs, Piercy injured his back. He reported pain to his immediate supervisor that day but did not fill out an injury report as he thought he might feel better over the Memorial holiday weekend. On Tuesday, upon filing an injury report, he was taken out of service for falsifying an injury report.

Piercy lives in Eaton, Indiana with his wife Marsha with whom he has one daughter, Jill, and two grandsons, Josh and Jared.

"This is a clear example of the unwritten policy on NS -- get hurt, get fired -- " said Paul Beard, BMWE General Chairman, who represented Piercy at the hearing. "If you are hurt and report it, then you face dismissal. This in turn, intimidates other employees into not reporting injuries."

Beard organized the demonstration "to focus attention on Norfolk Southern's continued intimidation tactics and cruel treatment of its injured workers" in order to win safety awards instead of good practices such as training, adequate manpower and proper equipment.

The demonstration merited good press coverage, with articles appearing in The Journal Gazette and The News@Sentinel.

@ Sub-heading W/PHOTO Nos. 19-25 = MofW ... Working On The Railroad

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While out photographing MofW workers on the Grand Trunk Western one hot, sunny day in June this year, we had the opportunity to talk briefly with Richard Olson, a tamper operator and 24-year member of the BMWE from Lodge 1664, Nickel Plate-Wheeling & Lake Erie Federation. Olson, age 45, from Monroe, Michigan, also has had a second career for a number of years -- performing as Elvis. We hope to catch his act sometime and do a JOURNAL story on him along with the other BMWE Elvis -- Silverio Silguero, Lodge 1152, Chicago -- who performed to the delight of all at the Grand Lodge Convention.

June 24 -- Day to Make Our Voices Heard

Hearings, forums, speak-outs, and rallies on June 24 were the beginning of the long-term effort to restore workers' right to join together in unions. From New York City to San Francisco, from Miami to Anchorage, thousands of union members and community supporters in more than 70 cities took to the streets to support the right of workers to improve their lives and futures through union membership.

In Chicago, workers testified before a panel of religious, community and political leaders about tactics their employers use to frustrate their organizing efforts. In Queens, N.Y., 300 limousine drivers and their supporters -- including AFL-CIO Secretary-Treasurer Richard Trumka -- rallied in front of the Last Radio Group Corp., which is trying to beat back efforts by workers to join the Machinists by claiming the drivers are 'independent contractors' and not employees.

AFL-CIO Executive Vice President Linda Chavez-Thompson marched with Denver construction workers whose employers have refused to respect the workers' choices. And in Baltimore, workers at the Deaton Nursing Home, along with religious, political and community supporters, got fired up for a scheduled July 8 representation election at a noisy rush hour rally.

A rally and walkout on June 22 by 200 Teamsters at the Atlanta Overnite Transportation Co.'s main terminal successfully pressured management to the bargaining table to discuss several issues, including its disciplinary treatment of union activists.

"There's a secret war in our workplaces," said AFL-CIO President John Sweeney. "If we stand together, we can stop it. When workers and communities join together, employer hostility toward our choices can be stopped."

From June 29, 1998, WorkInProgress.

United Brotherhood of the Rainbow

PHOTO - Left to right, standing, Jawara Johnson, Calvin Lambirth, Wes Wilkins, Jim Knight, Floyd Maynard, Tim McCall, Mike Hall, Chuck Burkindine. Seated, Hakim Abdullah, Ronald Kelly, Richard Caldwell, Frank Coleman, Clarence Former, Anthony Rochon.

The fourth annual meeting of the United Brotherhood of the Rainbow was held in Atlanta, Georgia on June 26-28, 1998. The agenda included hearing from guest speakers, planning strategy for the Grand Lodge Convention, and a re-examination of the focus of the group. To that end, the UBR's mission statement, which is printed below, was discussed and reaffirmed. On behalf of UBR, President Frank Coleman, extended an invitation to all BMWE members to join UBR, which was founded at the 1994 Grand Lodge Convention. Dues are $50 per year with an initiation fee of $25. You can contact UBR by writing Secretary-Treasurer Clarence Former at P. O. Box 1133, Millbrook, Alabama 36054-1133.

"THE UNITED BROTHERHOOD OF THE RAINBOW"

This organization has been formed and created to be or act in the capacity as an auxiliary or even a booster for the BMWE. Our functions and goals are that "all BMWE members" are treated fairly and equal; also to educate our members on the responsibilities of being good union members and being more active at BMWE local and national meetings and demonstrations. Our aim is to educate our members by putting on workshops concerning the correct and appropriate way to file claims and/or grievances, learn more about collective bargaining agreements (contract), insurance benefits, retirement, etc. This organization also anticipates being actively involved in letter writing campaigns on a national level to lobbyists, Congressmen, Senators and the White House.

The UBR motto is "It is not so much as what your union can do for you, but what can you do for your union to make it better for all BMWE members!"

The UBR is the shot in the arm needed to help heal and bridge the gap between rank and file members and our union officials -- sort of a cure for the "Us and Them" syndrome -- By getting everyone on the same page, pulling together for the same goal, we can only become better and stronger as an organization.

The UBR -- an organization for all BMWE members -- invites you to come aboard, lend us your support and give us (UBR) your blessings to a concept and program that is long past due.

WASHOUT!

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Dedicated maintenance of way workers worked around the clock in 12-hour shifts from the end of June to the second week in August following a number of washouts on the Delaware & Hudson line in New York.

The first destruction occurred in the early hours of June 26 when a section of line near Keeseville, New York was washed out, causing a derailment of one diesel locomotive and the equivalent of 16 rail cars. In the days following the initial washout and derailment, the D&H experienced a total of 48 washouts of equal or lesser gravity than the derailment site, over a distance of 12 miles.

In many instances, reconstruction work was washed away in subsequent downpours and work had to resume "from square one," said a railway official. In other cases, workers had to cut their way in to the track and build or rebuild surface roads for trucks and other machinery to use.

The derailment caused the release of about 3,000 gallons of diesel fuel, a portion of which got into Lake Champlain. Containment booms were installed on Lake Champlain, below the derailment site, on the day of the derailment. The D&H worked with the New York Department of Environmental Conservation on the clean-up of the remaining diesel fuel.

"The locomotive looked like a Tonka Toy," said Stuart Hurlburt, BMWE General Chairman, in describing some of the scenes of the washout. A small Amtrak station now "looked like giant toothpicks." There was twisted track hanging some 50 feet in the air. One of the holes was reported to be as much as 150 feet deep, another 80 feet deep and 210 feet wide.

The cost of the clean-up and reconstruction was about $6.5 million, the railway reported in a press release announcing the reopening of freight train service on August 13. Amtrak passenger service reopened northbound on August 19 and August 20 southbound.

While the line was closed for repairs, rail traffic was detoured over trackage controlled by the D&H's owner, the St. Lawrence & Hudson Railway, the eastern subsidiary of Canadian Pacific Railway. Amtrak passengers were bused during the interruption.

When service first resumed, trains operated under "slow orders" and track gangs using special tamping machines traveled along the right-of-way, in between regular train operations, to help the ballast settle.

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