In last month's JOURNAL we incorrectly listed the address for the BMWE's Legislative Department. The correct address is 10 G Street, NE, Suite 460, Washington, DC 20002.

Conrail Carve-Up

As this JOURNAL goes to press, BMWE members on the former Conrail and CSX are voting on whether to ratify agreements based on the carve-up. Ballots will be counted on April 26 for CSX and May 3 for Conrail and the results will be published in next month's JOURNAL. In the President's Perspective on page 4 of this JOURNAL, President Fleming discusses the Conrail carve-up by CSX and Norfolk Southern.

Travel Allowance Arbitration

Arbitration on the second of two major travel allowance issues as held on April 27. This issue deals with the question of who is entitled to travel allowance. The railroads claim it only applies to regional and system production gangs; the BMWE knows that according to the Agreement's plain language, without a doubt the travel allowance was intended to apply to all traveling employees.

The BMWE won the arbitration on the first major travel allowance issue as announced at the Convention last year by Director of Arbitration Steve Powers. This issue dealt with the fact that the carriers who were paying the travel allowance were deducting the week-end meal allowance ($19 day) from the payment.

When the carriers began welshing on these important benefits that they had agreed to in the 1996 National Agreement, the BMWE took a number of steps to get them to keep their word. After the carriers obtained an injunction to stop a threatened BMWE strike, the District Court found that the dispute on the second issue was major. This victory by the BMWE was short-lived however. The railroad appealed and the Seventh Circuit Court of Appeals found (in a split 2-1 decision with a strong dissenting opinion) that the dispute was minor and ordered arbitration under Section 3 of the Railway Labor Act.

As noted, the BMWE won the first arbitration; a decision on the second is expected within 30 to 60 days.

Bargaining Survey

By now everyone should have received a copy of their April JOURNAL with an enclosed survey. And you may have already been contacted by a one-on-one committee volunteer. Completing the survey is an important opportunity to make your voice heard in the 2000 round of bargaining and stand in solidarity with your BMWE brothers and sisters to face the carriers. Don't miss this opportunity; complete the survey and return it by June 1.

AAR Files Suit Against DOT and FRA Over Roadway Workers Protection Regulations

On March 22, 1999, the Association of American Railroads filed a Petition for review of agency action by the Federal Railroad Administration in the United States Court of Appeals for the District of Columbia Circuit Court. The lawsuit is the railroad industry's response to FRA's Technical Bulletin issued January 19, 1999, which clarified FRA's interpretation of working limits established through the provisions of Exclusive Track Occupancy (ETO) under the Roadway Workers Protection regulations.

The AAR names Secretary of Transportation Rodney Slater, the Department of Transportation, FRA Administrator Jolene Molitoris, and the Federal Railroad Administration as Respondents in the suit alleging that FRA "improperly promulgated new requirements concerning exclusive track occupancy."

In response t this law suit, BMWE President Mac Fleming wrote to Administrator Molitoris in support of the Technical Bulletin and thanked the agency "for its efforts in support of roadway worker safety in the face of this most recent AAR challenge to these lifesaving provisions."

President Fleming noted that the BMWE has met with BNSF Railroad officials on numerous occasions in a good faith effort to address perceived problems raised by BNSF and other railroads regarding exclusive track occupancy. "However, these efforts proved unsuccessful due to the railroads' intransigent position with regard to their application of the provisions of ETO.

Now, after almost two years of discussions to resolve this issue, the carriers, through the AAR, have filed a lawsuit against the agency for issuing an interpretation which is clearly supported by the regulatory text of the rule and is consistent with the spirit and the intent of the Roadway Worker regulations," stated Fleming. The BMWE strenuously opposes the AAR's bad-faith legal challenge to these lifesaving rules and is currently gathering data in support of FRA's interpretation and regulatory authority to enforce the Roadway Worker Protection regulations.

United Service Workers Affiliate With TCU

The leaders of the United Service Workers of America, comprised of almost 30,000 members, voted to affiliate with the Transportation Communications International Union effective April 1, 1999.

Created in the 1950s with about 4,000 members, the USWA has traditionally represented workers in the petroleum, automotive and transportation industries. As it grew its jurisdiction expanded to cover employees working in construction, building service, public sector, service and manufacturing industries.

"Much of this growth not only can be attributed to USWA's progressive and experienced leadership, but also to its commitment to organizing," reported the TCU Interchange. "The USWA dedicates approximately 45 percent of its annual budget to organizing and affiliations. It also has on staff 48 professional organizers, who are energetic and dedicated to grassroots organizing. In 1998 alone USWA organized approximately 8,700 new members."

"This is truly a win/win situation," said TCU's president Bob Scardelletti, and Steve Elliott, former USWA president and new TCU international vice president. "This affiliation agreement is the foundation on which we will build our future growth and strength."

IBEW Railroad Department

In a referendum vote conducted from January through March 1998, International Brotherhood of Electrical Workers' locals voted to change the Tenth Vice Presidential District and create the IBEW Railroad Department. Previously, the Tenth District was the only one in the IBEW organized by industry-- railroads-- rather than geography.

Following the referendum, railroad locals were placed in their respective geographical districts where they will work more closely with their sister locals in other branches. "We believe this structure will be of tremendous benefit to our railroad locals and membership," said International President J. J. Barry. "This will facilitate the flow of information and enhance our organizing and education efforts, as well as foster a greater sense of solidarity within the Brotherhood."

Billion Here, Billion There

Wells Fargo/Norwest Bank's financing of the lockout at Oregon Steel's Pueblo, Colorado plant has cost nearly $1 billion in union deposits, including $3.5 million in the past three months from Minnesota unions. The unions withdrew that much from the bank to support the more than 1,000 Steelworkers who have been on strike or locked out for 19 months. If Norwest Bank chooses to "take on working families, you will be held accountable by working families and organized labor everywhere," said Mary Rosenthal, Minnesota AFL-CIO state director. (From Work In Progress, April 19, 1999.)