News In Brief

Bargaining Update

Immediately after the carriers presented their outrageous demand on June 28, 2000, calling for the unilateral right to subcontract any and all railway construction work, the BMWE requested a proffer of arbitration from the National Mediation Board.

Even though it was clear that bargaining was deadlocked, the NMB refused to proffer abitration. Instead, after almost four months, the NMB scheduled bargaining sessions on November 14 and 15 and December 11 and 12. Despite these meetings and the virtually indisputable deadlock, the NMB continued to serve the carriers' interest by not proffering arbitration.

The Board's inaction puts the fate of the 45,000 members of the BMWE and the rest of rail labor in the hands of the new anti-labor Bush Administration. The last Bush Administration's presidential emergency board was PEB 219 which every BMWE member knows was disastrous, causing incredible suffering and deterioration of conditions.

The UTU agreement with the carriers reached on September 22 has yet to be sent out for ratification. It is the BMWE's understanding that it has still not been sent out for ratification because of differences between UTU and the carriers regarding various details of the agreement. As reported earlier, because of the nature of the issues resolved it has no application to the BMWE.

Railroad Retirement Update

On January 3, 2001 Rep. Bud Shuster (R-PA) introduced HR 180 which is identical to HR 4844, the retirement legislation originally supported by the railroads and the rail unions except for the BMWE and the BLE. Despite the fact that HR 4844 passed by a vote of 391 to 25 in the House on September 7 and 83 Senators signed a letter of support, a handful of conservative Republicans — Senators Phil Gramm (TX), Don Nickles (OK) and Pete Domenici (NM) — killed the bill in the 106th Congress at the end of last year.

The carriers have agreed to extend the agreement reached in September of last year with the BMWE which guarantees BMWE members the same post-retirement medical benefits as members of the other crafts would receive in the event the bill passes in return for the BMWE not opposing the legislation in the new 107th Congress. A final written agreement will be completed in the very near future.

STB New Rules Don't Protect Rail Workers from "Cramdown"

In comments submitted to the Surface Transportation Board on November 17, 2000, the Rail Labor Division of the AFL-CIO Transportation Trades Department declared that the Board's proposed new rules to govern rail mergers "will do nothing to reduce labor-management conflict over cramdown."

"For two decades now, thousands of rail workers have seen their hard-earned collective bargaining rights destroyed because the STB and its predecessor agency, the Interstate Commerce Commission, gave railroad management free reign to abrogate contracts and trample on the rights of workers in the name of merger mania," TTD President Sonny Hall said. "We had hoped the new STB rule would put an end to the cramdown policy; however, as presently drafted, the STB's proposal uses some good sounding words but does little to reverse course and protect the collective bargaining agreements of railroad employees. We are hopeful that the STB in the final rule exercises its authority to end this perverse policy."

The rail unions took particular issue with new language in the proposed rule whereby the STB would only be required to provide "adequate" protection for rail employees affected by a merger. The comments pointed out that such language is, in fact, at odds with the Board's governing statute which provides that a rule cannot be adopted that will result in protective conditions that do not provide a "fair arrangement for employees."

Underscoring the almost 20-year tilt against employees during merger proceedings, the comments noted that the STB has never ruled that an arbitrator went too far in allowing a collective bargaining agreement to be broken. And the ICC and STB have overturned arbitrators who refused to rule in favor of rail management.

While the rail unions agreed with the Board that it would be best if rail labor and management could negotiate a resolution to this problem, they stressed that under current STB precedent, the process is skewed heavily towards management and leaves the rail carriers with no incentive to negotiate.

"The railroads make a take it or leave it offer knowing that they can get whatever they want through arbitration or from the STB," said Rail Labor Division Chair Edward Dubroski. "As our comments point out, the STB's latest proposal does nothing more than pat rail employees on the head and send them back to the bargaining table where nothing has changed and where all the
cards are stacked in favor of rail management."

Union Pacific's Long Arms

"The long arms of Union Pacific Corp. will reach deep into his [George W. Bush] administration," reported Frank N. Wilner in trafficWORLD on December 4, 2000.

Wilner was referring to the facts that Vice President elect Dick Cheney is a former UP Board member (joining in 1993 and resigning last August) who was recruited by retired UP chairman and Reagan Transportation Secretary Drew Lewis, "who similarly used his influence to propel the career of Bush's announced chief of staff Andrew Card."

Card, 53, is a former Massachusetts Republican legislator (1974-1983) who failed in a 1982 bid to become governor. He joined the Reagan administration in 1983 as director of the Office of Intergovernmental Affairs.

"While UP chairman in 1991, Lewis recommended that Card be hired to succeed William H. Dempsey as president of the Association of American Railroads. Dempsey successor Ed Harper confirmed this to Rail Intelligence," said Wilner. "But while the rail industry search committee was interviewing candidates for the AAR post in fall of 1991, Transportation Secretary Sam Skinner announced he was leaving and Lewis supported Card's nomination. ... Card was sworn in as transportation secretary on Feb. 24, 1992, and departed when Bill Clinton took office in January 1993."

When Card helped organize the transition to the Clinton administration, his aide was Steve Hart, who subsequently was senior vice president at the AAR before departing to help with George W. Bush's campaign.

"Union Pacific also reaches into the House and Senate and the Surface Transportation Board," Wilner reported. "UP is corporate America's 41st most generous campaign-cash giver, providing congressional candidates with more than $1.5 million in each two-year election cycle. UP chief lobbyist Mary McAuliffe is said to have helped raise at least $100,000 more for the failed presidential run of Sen. John McCain, R-AZ, who also made campaign use of UP's private jet and remains chairman of the Senate Commerce Committee. McAuliffe also is a longtime personal friend of STB Chairman Linda Morgan."

"Additionally, UP pays some $4 million annually to congressional and regulatory-agency lobbyists to advance UP economic interests. Among UP's contract lobbyists, at a cost of some $200,000 anually, is Ann Eppard, the former chief of staff to House Transportation and Infrastructure Committee Chairman Bud Shuster, R-PA."

The House Ethics Committee reprimanded Shuster on October 5, 2000, over the Pennsylvania Republican's ties to Eppard and other campaign-related improprieties, saying "by your actions you have brought discredit to the House of Representatives."

On January 4 Shuster announced his retirement from Congress effective January 31, citing health and family reasons for his decision. Transportation committee staff members told the Journal of Commerce that they did not believe that Shuster's past ethics problems were a factor in his decision to retire.

A UTU Member Writes BMWE President Fleming

Per your letter to the FRA, Ms. Brenda Hattery, RSAC, I applaud your attention to the concern of locomotive cab standards and the concerns of untreated sewage dumped on the right-of-way. This deplorable practice needs to be brought to the immediate attention of the FRA from all crafts because all employees, mostly in train service, maintenance and repair, come in contact with the contents of the locomotive facilities.

Although railroad management states otherwise, you don't have to go far to ask a railroader how unsafe they think their working environment is. I'm a 22-year UTU Conductor, and I've seen, smelled, breathed and tasted what a locomotive and the former cabooses were really like. The sanitation, at the time I last worked in 1998, was the poorest and the least maintained fleet that I can recall in recent history.

I developed lung disease from what is alleged to be caused by my employment. The members think that ‘it will never happen to me,' and I hope they're right, but unfortunately it will continue until our working air quality is cleaned up. We all know that working on the railroad cannot be totally free of harm, but improvements can be implemented to improve the sanitation issue on the railroads' locomotives, right-of-ways and Amtrak as well.

One other issue about the locomotive facilities, you state that the Microfor systems need over two hours to treat the bacteria to a safe level. I agree with this, but what if the holding tank has ruptured. When you can smell sewage from the outside of the engine, it's a good indication that the tank is cracked. These Microfor systems, as I understand it, are used in freezing weather without antifreeze.

Another issue is the Inca systems, which before the BNSF merger, were used primarily in cold climates. The FRA's report to Congress on "Locomotive Crashworthiness and Cab Working Conditions" in 1996 stated that 87 different compounds were used to treat, disinfect and deodorize the locomotive toilets. I can tell you first hand that this is unsafe and that over usage of chemicals is used instead of proper cleaning. Can you imagine the potential toxic clouds in the cabs we have to deal with. I can truly relate to how poor and unsanitary the roadbeds must be.

In closing, I appreciate your support to see that all affected railroad employees can benefit from a cleaner environment and thank you for your time.

Charles A. Wheeler, UTU Conductor

Amtrak Launches Acela Express and Frequent User Program

Amtrak formally launched its Acela Express service on November 16 when a train filled with dignitaries, including Transportation Secretary Rodney Slater, left from Washington, DC's Union Station and ran non-stop to New York in two hours, 26 minutes and on to Boston in three hours, 14 minutes. Revenue service began on December 11

Acela Express is the first "Tier II" equipment to be qualified by the Federal Railroad Administration. Under FRA's Passenger Equipment Safety Standards that took effect in May 1999, Tier II trains may carry passengers at speeds from 125 to 150 miles per hour. In tests Acela Express has reached 168 mph.

On November 29 Amtrak announced a new "Amtrak Guest Rewards" customer loyalty program similar to the frequent flyer programs run by major airlines. Complete terms and enrollment information are at the program's web site — www.amtrakguestrewards.com — or by calling 1- 800-307-5000 or in brochures obtained at certain stations.

In general, the program will run on a point system. A person will be awarded 400 points for enrolling (500 points if enrolling online), then two points per dollar spent on Amtrak travel (or 500 points for Acela Express/Metroliner trips, 750 points for first class). Points can then be redeemed for future Amtrak travel, airline miles, hotel stays, car rentals or gift certificates at participating companies.

How to Stay Union-Free Seminar Picketed

More than 300 union, student and community activists rallied outside a union-buster seminar held at a downtown University of Chicago facility Nov. 14. The "How to Stay Union-Free" seminar was held by one of the nation's most notorious anti-union law firms, Jackson & Lewis. The group's picket line forced participants to leave the conference through the back door, said Stewart Acuff, assistant director of the AFL-CIO's Midwest Region. Before the rally, more than 250 professors from UC and other universities signed a letter condemning the school for participating in the seminar.

California AFL-CIO Celebrates 100th Anniversary

One hundred years ago, on January 7-9, 1901, trailblazing unionists from around California filed into Pioneer Hall on Fourth Street in San Francisco to found the California State Federation of Labor, AF of L.

Then, as now, workers faced a solid front of anti-union employers often aided by conservative lawmakers and a court system intent on maintaining employer control over the workplace.

In order to fight back, the founding proclamation declared the group's purposes to be: to devise means for the complete organization of labor in California; to establish better communication between the labor unions of the State; to secure united and harmonious action in all matters affecting our welfare; to circulate labor literature and promote economic intelligence; to create a public sentiment more favorable to trade unions; to prevent unfavorable legislation and make known the enemies of organized labor; to collect statistics concerning California labor for the better information of our lawmakers; to see to the enforcement of all laws calculated to benefit the labor people; to prevent the growth of child labor; to prevent the practice of blacklisting; to unite our efforts for the universal eight-hour workday; to secure safety and sanitary conditions in mines, shops and factories; to maintain just and equitable wage schedules; to conduct a system of agitation for all union labels; to give scope and power to all authorized boycotts, and to endorse or protest, wherever our interests may be involved, in the name of the whole body of laboring people of California."