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44

The Official Publication of the United Transportation Union

N u m b e r 4

Volume April 2012

www.utu.orgwww.utuia.org

Continued on page 10

Conservatives pressing attack on working familiesPublic transportation funding, transporta-

tion jobs, workplace safety, Railroad Retire-ment and Medicare are under a mean-spiritedand sustained attack by congressional conser-vatives who are trying to muscle their agendathrough Congress prior to the November elec-tions.

The UTU and Sheet Metal Workers Inter-national Association – now combinedinto the Sheet Metal, Air, Rail andTransportation Workers (SMART) –along with other labor organizations,public interest groups, congressionalDemocrats and moderate Republicans,are working on Capitol Hill to blockthese attempts, which could be devastat-ing to working families.

UTU National Legislative DirectorJames Stem and SMWIA Director ofGovernmental Affairs Jay Potesta outlined theconservatives’ agenda that has surfaced in pro-posed congressional transportation reautho-rization and budget legislation:

• Cut $31.5 billion in federal transporta-tion spending, which would threaten some500,000 American jobs.

• Eliminate federal spending for Amtrakand expansion of intercity rail-passengerservice and high-speed rail, with a directimpact on jobs associated with that service.

• Gut federal spending for the Alaska Rail-road, which would force elimination of scoresof train and engine workers represented by theUTU.

• Delay implementation of positive traincontrol, which is a modern technology toreduce train accidents and save lives and limbs.

• Eliminate federal spending for expansionof local and regional transit serv-ice as Americans scramble to findalternatives to driving in the face ofsoaring gasoline prices. The federalspending cut would prevent thereturn to work of furloughed work-ers from budget-starved local tran-sit systems and likely cause layoffsof still more transit workers.

• Encourage privatization oflocal transit systems, which would

open the door for non-union operators eager topay substandard wages and eliminate employeehealth care insurance and other benefits.

• Remove any requirement for shuttle-vanoperators, whose vehicles cross state lines,from paying even minimum wage or overtime,a proposal, which if enacted, could lead toapplying that legislation to interstate transitoperations.

• Eliminate Railroad Retirement Tier Ibenefits that exceed Social Security benefits

Sadly, there is a part of “no” that rail-roads just can’t understand. So, onceagain, the Department of Labor’s Occu-pational Safety and Health Administra-tion (OSHA) has hit a railroad in thewallet for violating an employee’s rightsas protected under the Federal RailroadSafety Act of 1970, which was supple-mented by the Rail Safety ImprovementAct of 2008.

The latest wallet-lightening fine wasimposed by OSHA against Union Pacif-ic for retaliating against a Pocatello,Idaho, based locomotive engineer whowas forced to work and prevented fromseeking medical treatment for amigraine headache, blurred vision,dizziness, vomiting and a bloody nose.

OSHA found that the engineer’ssupervisor – who also was ordered to paya portion of the fine – used “threats andintimidation to dissuade the engineer from seek-ing or gaining access to medical care during hisshift.”

Yes, the UP supervisor chose to order an illlocomotive engineer, whose situational aware-ness was clearly compromised, to operate thetrain.

Said OSHA in imposing more than $25,000 inpunitive and compensatory damages, plus attor-ney fees: “It is critically important that UnionPacific Railroad employees know that OSHAintends to defend the rights of workers to report

OSHA fines Union Pacific for threats, intimidation

Stem

SShheeeett MMeettaall,, AAiirr,, RRaaiill aanndd TTrraannssppoorrttaattiioonn WWoorrkkeerrss

even though railroads and rail employees pay100 percent of those benefits through payrolltaxes, with no federal funds contributing toTier I benefits that exceed what is paid bySocial Security.

• Replace direct federal spending onMedicare in favor of handing out vouchers tobe used to purchase private insurance, which

will undercut the viability of Medicare.• Provide large tax breaks to million-

aires and preserve tax breaks for WallStreet hedge funds that cater to thewealthy, while cutting by two-thirds fed-eral assistance to veterans and publicschools.

The UTU member-supported politicalaction committee (PAC) is helping tofund election campaigns by labor-friend-

ly candidates, and a labor-wide “get-out-the-vote” drive will go door to door across Americain support of labor-friendly candidates inadvance of November elections.

In the meantime, UTU and SMWIA legisla-tive offices will continue their education cam-paign on Capitol Hill, visiting congressionaloffices to explain the economic devastation thecurrent conservative agenda would impose onworking families.

safety concerns. We will bring the full force of thelaw to make sure workers who are retaliatedagainst for reporting health and safety concernsare made whole.”

Incredibly, this was the sixth time since 2009that OSHA has found Union Pacific in violationof an employee’s rights enumerated by the Feder-al Railroad Safety Act of 1970 and the Rail Safe-ty Improvement Act of 2008. BNSF, Metro-North Railroad, Norfolk Southern and Wiscon-

sin Central also have been penalized byOSHA for similar violations.

In late 2011, Union Pacific wasordered immediately to reinstate anemployee and pay him back wages, com-pensatory and punitive damages andattorney fees totaling more than$300,000 after the employee was sus-pended, without pay, and then terminat-ed after notifying UP of an on-the-jobinjury.

The Federal Railroad Safety Act of1970 extended whistleblower protectionto employees who are retaliated againstfor reporting an injury or illness requiringmedical attention. The Rail SafetyImprovement Act of 2008 added addi-tional requirements ensuring injuredworkers receive prompt medical atten-tion, and established prohibitions on car-rier intimidation and harassment ofinjured workers aimed at ending a culture

that placed the winning of carrier safety awardsand year-end managerial bonuses as a higher pri-ority than treatment and prevention of injuries.

The purpose of these laws, passed by Congressafter the UTU documented a railroad culture ofharassment and intimidation against injured andill workers, is to protect rail workers from retalia-tion and threats of retaliation when they reportinjuries or illness, report that a carrier violatedsafety laws or regulations, or if the employee

Cartoon by member Alan Nash of Local 257

Potesta

April 2012 UTU News

www.utu.org / www.utuia.org

Local 1687, Belen, N.M.The first meeting of bus employees of First

Transit in Farmington, N.M., was held Feb. 29 atthe Marriott Hotel in Farmington, and the fol-lowing individuals were elected as officers of thelocal committee of adjustment, Secretary &Treasurer Donald A. Gallegos Sr. reports:Stephen Moots, local chairperson; CynthiaOlguin, vice local chairperson, and KathrynStrube, local secretary. International Vice Presi-dent Bonnie Morr also met with the employeesto discuss negotiations for their first contractwith the company.

Local 1869, Williamson, W. Va.At their monthly meeting Feb. 28, the members

of this Norfolk Southern local voted to make a$500 donation in supermarket gift cards toJacob’s Well Mission, a local charity that pro-vides hot meals to the needy. Local Vice Presi-dent Stephen Mosley reports that the vote washeld at the suggestion of Local Trustee GaryMosley, who had made personal donations to thecharity in the past. The charity also providesclothing to residents in need. “The whole experi-ence was very humbling and I am glad to be a partof it,” Mosley said. “As a local, we are hoping thatwe can continue to give more donations to themission in the future and that this might inspireother locals to give to charities in their areas.”

Local 1933, WashingtonMore than 40 members from various Amtrak

locals attended a UTU town hall meeting hereMarch 20, Legislative Rep. Samantha Roys-ter-Cunningham reports. Guest speakersincluded International Vice President JohnPrevisich, Alternate National LegislativeDirector John Risch, District of Columbia Leg-islative Director Willie Bates, GO 726 Gener-al Chairperson Dirk Sampson, Vice GeneralChairperson Charlie Yura, UTUIA FieldSupervisor Malcolm “T-Bone” Morrison andDesignated Legal Counsel P. Matthew Darby.Members received updates about Amtrak con-tract negotiations, conductor certification andwhistleblower protection, and had the oppor-tunity to sign voter-registration cards andapply for absentee ballots. Monthly UTU PACcontributions were increased by $800 as aresult of new members registering. The otherlocals participating in the meeting were 838,1370, 1470 and 1522.

bers on the MTA Staten Island Railway,” LaBellasaid. Hahl can be reached by email at [email protected] or by phone at (917) 755-1564. In other news, LaBella reports that con-ductor Anita Serrano, 61, died March 9. Shehad worked for the Staten Island Railway since1999. Members of the local send their prayers toher son, Christian Serrano, who is a locomotiveengineer for the railway. LaBella also noted thatBarbara A. Briggs, the mother of General Chair-person Thomas Wilson, died last month.

Local 194, Elkhart, Ind.Local Chairperson, Treasurer and Legislative

Rep. James E. Ball Jr. is looking to add anothertitle to the front of his name: state senator. A

Norfolk Southern conduc-tor/engineer, Ball, 40, has for-mally entered the race forIndiana’s Senate District 12.A U.S. Army veteran, Ballsaid he was inspired to run bythe thousands of workers whostood at the Statehouse inopposition to the right-to-work bill, which was authoredin the Senate by his opponent

in the fall election, State Sen. Carlin Yoder, R-Mid-dlebury. Ball said 60 to 70 percent of Hoosiers did-n’t want the bill to pass and that the Senate has “losttouch with working families.” He is a member of theVFW, the American Legion, the Knights of Colum-bus and the Eagles. He and his wife, Angela, havethree children. For more information, call (574)361-6156 or email [email protected].

Local 204, Pueblo, Colo.UTUIA Field Supervisor Charlie Skidmore

and his wife, Elaine, thank all of their friends andfellow members for the telephone calls, emails,cards and cookies expressing well wishes afterSkidmore experienced a heart attack while onthe road in February. “It was quite an experience,but I’m doing great and I’m happy to be back onthe job,” Skidmore said.

Local 240, Los AngelesAll railroaders and their friends and relatives are

invited to participate in the 11th Annual FSC RailClassic golf tournament at 2 p.m. Monday, May 14,at Sierra Lakes Golf Course, according to LocalChairperson Harry J. Garvin Jr. The cost of thefour-person scramble, shotgun-start tournament is$75 per person and includes a tri-tip barbecue,great prizes and great fun. Participants should com-mit and remit to Frank Carmona at 30250 PebbleBeach Dr., Sun City, CA 92586, by April 13. Con-tact Carmona at (951) 301-6525, (909) 770-3366or by email at [email protected].

Local 492, Sacramento, Calif.Photographs by retired former Secretary &

Treasurer Daryl Stinchfield are on display in thelobby of the West Valley Credit Union, 130 Sun-rise Blvd. in Roseville, Calif. New sets of imageswill appear every two weeks until the end of May.Since retiring from Union Pacific, Stinchfieldhas been polishing his craft as a photographer. Hesaid he will graduate with a degree in photogra-phy from Sierra College in May.

Local 607, Thayer, Mo.

Local 1440, Staten Island, N.Y.The members of this local congratulate Richard

Hahl following his elevation to the office of locallegislative representative, Secretary & TreasurerVincent LaBella reports. “Rich has the drive tolearn and the desire to serve, and he is committed toprotecting the safety rights of the represented mem-

Around the UTUAround the UTU

Mr. Skiba goes to WashingtonIf a picture is worth a thousand words, what’ll

250 words get you? An all-expense-paid trip tothe capital in Washington to schmooze withelected officials and top rail-industry lobbyists.

That’s what they got for UTU memberMatt Skiba.

A CSX conductor/engineer who alsoserves as vice local chairperson for Local 1105at Wilmington, N.C., Skiba noticed a link onthe CSX website for a railroad essay contest.

The contest was sponsored by railroadadvocacy group GoRail, inviting rail industryemployees nationwide to submit essays for achance to win a trip to Washington to par-ticipate in Railroad Day on Capitol Hill. It isan opportunity for railroads, shippers andother industry representatives to present aunified industry message to members of Con-gress.

In 250 words or less, participants were askedto submit an essay from one of three suggestedtopics. Skiba was one of four winners.

“Railroading wasn’t necessarily what I waslooking for, but I’ve come to appreciate theindustry, so I wrote about my pride andenthusiasm in the profession,” he said.

During his time in the nation’s capital,Skiba was introduced to UTU PennsylvaniaState Legislative Director Don Dunlevy,who later introduced him to Federal RailroadAdministrator Joe Szabo. While visiting theoffice of U.S. Rep. Mel Watt (N.C.), he alsohad the opportunity to meet UTU NationalLegislative Director James Stem.

“It was neat to be able to participate and tobe a rank-and-file guy getting an inside viewof the process. It was nice to be able to see thefaces of the people who work on these issues.To talk to them and thank them for address-ing issues regarding the fatigue law, and howwe are affected by it, and how we mightimprove it,” Skiba said.

“It was great to see the UTU participating tohelp set the agenda on the issues affecting us,”Skiba said. “I did mention to Mr. Szabo that itwas great to have someone in the FRA thatcame out of the ranks of the UTU – someonewho actually had their feet on the ballast.”

A graduate of the University of NorthCarolina, Skiba and his wife, J’vanete, havetwo daughters, ages seven and three.

“Matt is a bright young man, with good writ-ing skills and good interpersonal skills,” Stemsaid. “I expect he will become a fine union offi-cer. I hope we all can offer some encourage-ment for him to continue to participate.”

Pictured, from left, are First Transit employees Debra AnnDavis, Kathryn E. Strube, Martin “Stephen” Moots,Ermalinda Begaye (standing), Leslie R. “Butch” Griffin,Cynthia Olguin (kneeling), Jimmy H. Franks, Morr,Benny Dale Jr. and John Abney.

Local 1869 President Chad Blackburn, left, presents anenvelope containing gift cards to Jacob’s Well Missionoperator Janette O’Brian. They are joined by Local Secre-tary & Treasurer Jimmie Browning, right, and LocalTrustee Gary Mosley.

After watching the Mammoth Spring, Ark., Bears win theClass 1A Arkansas High School Basketball Championship,at Summit Arena in Hot Springs, Ark., three Local 607members visited the UTU monument there commemorat-ing the formation of the UTU in 1969. Pictured, from left,are Secretary & Treasurer Ryan King, Local Trustee GaryKing and Local President Chris Skaggs.

Conductor Matt Skiba, center, meets with FRA Admin-istrator Joe Szabo, left, and National Legislative Direc-tor James Stem while at Railroad Day on Capitol Hill.

Ball

April 2012 UTU News


Six state legislative directors retire

Republican Walker tried to limiteffectiveness of labor unions

Six state legislative directors – Wisconsin’sTim Deneen, Louisiana’s Gary Devall, Georgia’sHowell Keown, Nebraska’s Ray Lineweber,Montana’s Fran Marceau and Idaho’s GeorgeMillward – are retiring, or have recently retired.

Tim DeneenDeneen retired at the end of March. His

replacement is Craig Peachy.He hired out in 1969 on Chicago & North

Western (now part of UnionPacific), the third generationin his family in railroading. Hewas elected local chairpersonin 1974 and served continu-ously to 2006.

“With line abandonments,crew reductions and repeal ofthe Wisconsin Safe Train Law(fireman protection), I under-

stood the importance of the UTU legislativebranch and was first elected legislative represen-tative in 1980. I served continuously to 2006when I assumed the state legislative director’soffice upon the retirement of Tom Dwyer.

“I am very proud of our commitment andachievements. I believe we need to provide asmuch education to all our members as possible.Using the UTU News and the UTU website toeducate our members, we can give them pride inthe past, and an acceptance of the fact that thestruggles are ongoing. I encourage all members tobecome more active in the UTU, their commu-nities, and their government,” Deneen said.

Gary DevallLouisiana State Legislative Director Gary Devall

retired Dec. 15 as reported in the December

2011/January 2012 issue of UTUNews. David Duplechain hasassumed the office.

Howell KeownKeown is retiring May 30

after 34 years and 10 months ofservice.

He hired on for SouthernRailway (now part of NorfolkSouthern) in July 1977. In1995, he was elected alternatelocal legislative representativewhile in the hospital recover-ing from a motorcycle crash,and local legislative represen-tative in 1998, serving untilJanuary 2012. In 1997, he waselected local secretary & treas-

urer and has served in that position until January2012.

He became assistant state legislative directorin 2004 and the full-time state legislative direc-tor in 2007 upon the retirement of former direc-tor Danny Boyles. His replacement will be elect-ed after he retires.

“I am proud to have been able to serve themembers and hope to continue to serve after I

retire,” Keown said. “I may stillgo down to the capital andbang on some heads once inawhile.”

Ray LineweberLineweber retired at the end

of March. He hired on in May1969 as a brakeman on Chica-go, Burlington & Quincy (now

part of BNSF). He was elected local legislativerepresentative in 1979 and became a full-timestate legislative representative in 1982.

“I am honored to have had the support of thepeople who have swung the lantern and pulledthe throttle in Nebraska,” Lineweber said. “I willalways be indebted to the officers and membersfor their continued support.”

Fran MarceauMarceau retired in September 2011. Tom

Berrum has been elected to replace him.Marceau started as a switchman on Burlington

Northern (now BNSF) in1971. He was promoted toconductor in 1976.

He was elected alternatelegislative representative in1976. He was elected localchairperson in 1980. He alsoserved as delegate to five UTUconventions.

He was elected state legisla-tive director in 1989. He also served as treasurerof the UTU’s Association of General Chairper-sons, District 1.

“I want to thank the members for putting theirconfidence in me and giving me the privilege torepresent them,” Marceau said. “The UTU hasbeen very successful because we have active,involved members and I would ask them to giveTom Berrum the same support.”

George MillwardMillward, a member of Local 78 in Pocatello,

will be retiring in July.He started as a clerk on

Union Pacific in 1975. He waspromoted to engineer in 1978.

He was elected local vicepresident in 1981. He becameassistant state legislative direc-tor in 1986 and took over thepart-time state legislativedirector’s job in 1988.

He was a delegate in 1991where he was nominated for assistant nationallegislative director. He served as local chairper-son from 2002 to 2010. In 2009, he was elected tothe UTU International Executive Board and re-elected in 2011.

“I have worked with so many great people –former UTU International President FredHardin, Assistant President Arty Martin andInternational President Mike Futhey, formerGeneral Secretary & Treasurer Dan Johnson,some great state legislative directors – and allhave become lifetime friends,” Millward said.

“The opportunities this union has presentedme were incredible,” Millward said. “Everything Ihave done has always been for the gain of UTUmembers and their families, for their safety andworking conditions. That is what I will miss.”

UTU in deal with Progressive RailMINNEAPOLIS — The United Transportation Union and Progressive Rail have finalized a

first-time collective bargaining agreement for Progressive Rail train and engine workers rep-resented by the UTU.

Progressive Rail is a shortline with four locations around Minneapolis, interchanging withmajor railroads.

UTU International Vice President John Previsich, who assisted in the negotiations – aidedby a mediator with the National Mediation Board – said the agreement “provides for signifi-cant wage increases with pay classifications equal for all, a grievance process and a senior-ity preference for assignments and bidding. Overall, this is an excellent first agreement thatdramatically improves wages, rules and working conditions for Progressive Rail employees.”

Previsich said the agreement received “overwhelming approval by the covered employees,who are to be commended for their solidarity and perseverance through a long and drawn-outnegotiating process.

Praised were the negotiating efforts of General Chairperson James Nelson (GO 261), “whowas instrumental in obtaining the fair and equitable agreement that the Progressive Railemployees deserve,” Previsich said. “Also deserving of recognition are Minnesota StateLegislative Director Phil Qualy and the officers and members of Local 911, Minneapolis, allof whom supported the negotiating effort during every step of the process.”

DeneenKeown

Marceau

Millward

Lineweber

Devall

Wisconsin Republican Gov. Scott Walker, thearchitect of anti-union legislation in his state,faces a recall election in June.

He becomes the first governor in Wisconsinhistory to face recall.

The UTU, through its Collective BargainingDefense Fund, worked with other labor organiza-tions to obtain almost one million signatures toforce the recall election, almost twice as many asrequired.

The New York Times reports that, in thenation’s history, only two governors have beenremoved from office through recall votes: Cali-fornia Gov. Gray Davis in 2003 and North Dako-ta Gov. Lynn Frazier in 1921.

A former White House counsel to PresidentGeorge H.W. Bush, C. Boyden Gray, was quotedthat the Walker recall election “has nationalimplications” as working families react to a stringof attempts by conservatives in many states torestrict collective bargaining rights and limit theability of labor unions to represent workers.

Also facing recall in June are Wisconsin

Wisconsin governor facing recallRepublican Lt. Gov. Rebecca Kleefisch and threeRepublican state senators, all of whom supportedthe anti-union legislation; while a fourthresigned from office prior to facing a recall elec-tion. That vacant seat will be filled also in theJune election.

In August 2011, two state senators who hadsupported Gov. Walker’s assault on collectivebargaining rights were successfully recalled andreplaced by more moderate lawmakers.

In 2011, the UTU Collective BargainingDefense Fund was instrumental in overturning,at the ballot box, an Ohio law restricting collec-tive bargaining rights.

Meanwhile, a federal court in March invali-dated portions of the Wisconsin law – one provi-sion requiring annual recertification of a union,and another denying workers the right to haveunion dues withheld from their paychecks. Bothwere found in violation of constitutional freespeech rights.

CSX is seeking workers inTennessee, Maryland and Alabama.

The company says it is looking to fill150 positions in Tennessee, mostly inand around Nashville; 140 jobs inMaryland, mainly in Baltimore andCumberland, and 90 positions inAlabama, primarily in Birmingham.

Find additional information and applyon CSX’s website (www.csx.com) byclicking the tab for “Working at CSX.”

CSX is hiring

April 2012 UTU News


Mike Futhey, International [email protected]

Arty Martin, Assistant [email protected]

Kim Thompson, General Secretary and [email protected]

James Stem, National Legislative [email protected]

Contact the UTU:Phone (216) 228-9400; fax (216) 228-5755

[email protected]

Fight back when intimidated, threatenedAworkplace culture of fear

and intimidation destroysmorale, saps productivity

and is against the law. Yet, toooften, that is the culture facing ourmembers.

The UTU was instrumental inconvincing Congress to make such aculture unlawful through passage ofthe Federal Railroad Safety Act andRail Safety Improvement Act.

Those laws, enforced by theOccupational Safety and HealthAdministration (OSHA), protectworkers from retaliation and threatsof retaliation when they reportinjuries, report carrier violations ofsafety laws or regulations, or are

By Mike Futhey, International President(216) 228-9400; [email protected]

InternationalInternational

President’sPresident’s

ColumnColumn

Railroads have created a climate of fearinstead of a climate of safety

SMWIA members build, erect, assemble, installdismantle and maintain sheet metal parts

Sheet metal workers on railroadsmust complete an apprentice program

The Sheet Metal Workers’ Inter-n a t i o n a l A s s o c i a t i o n(SMWIA) represents some

150,000 skilled men and womenemployed throughout the UnitedStates, Canada and Puerto Rico in theconstruction, manufacturing, service,railroad and shipyard industries.

More than 2,000 SMWIA mem-bers are employed by U.S. freightand commuter railroads andAmtrak.

Depending on the railroad, youmight be more familiar with thecraft called pipefitters or piper, tin-

SMWIA members active in railroading

ners or tin knocker, or plumbers. Weare all sheet metal workers.

Although our jurisdiction variesfrom railroad-to-railroad, the major-ity of work consists of pipe fitting onlocomotives and passenger coaches.We also perform pipe work in shops,yards, buildings and on engines of allkinds.

SMWIA members are responsiblefor building, erecting, assembling,installing, dismantling and main-taining parts made of sheet metal,copper, brass, tin, zinc, white metaland lead, as well as black, planished,pickled and galvanized iron of 10gauge and lighter.

We weld, braze and solder onlocomotives, cars and buildings. Wecut, thread, bend and braze air lines,water lines, gas lines, oil lines andsteam pipes on locomotives, coaches

and in buildings. We also inspectlocomotives, operate waste watertreatment plants, maintain roadwayequipment and service locomotiveson the road.

Our sheet metal workers areemployed in railroad bridge andbuildings departments, communica-tions and signals departments andmaintenance-of-way departments.They maintain the various stationsand buildings that the railroads ownor lease. They are responsible for sig-nage, plumbing, heating and airconditioning, drainage, roofing,locksmithing and switch heaters.

On Southeast Pennsylvania

For the latest news, visit www.utu.org; also, sign upon the UTU website to receive news alerts via email.

required to work under unsafe con-ditions.

Sadly, many carriers haveignored the laws, imposing disci-pline on workers reporting safetyproblems or injuries or seekingmedical attention.

Recent examples of carriers flout-ing the law include termination forcalling a railroad hotline to reportfall and trip hazards and dangerousicing on walkways; suspension forreporting an on-the-job injury, andrefusing to permit a locomotive

The sheet metal workers onBNSF, CSX and Union Pacific mustcomplete a three-year apprenticeprogram before they are journey-men.

On Norfolk Southern, sheet met-al workers have a two-year studentmechanic program before they arejourneymen. Currently, Amtrakdoes not have an apprentice pro-gram, but it is in the process of

“While we are fighting for freedom, we must see, among other things, that labor is free.”– President Woodrow Wilson

Transportation Authority, themajority of SMWIA members arecoach cleaners. We own a percent-age of the work force, and the mem-bership is assigned by percentageswhen vacancies occur.

SMWIA members have theoption of participating in an appren-tice program in which they maybecome mechanics.

developing a 12-week training pro-gram for new hires.

The SMWIA also represents some410 shipyard workers, including fed-eral employees at government’s ship-yards: Portsmouth Naval Shipyard inKittery, Maine; Norfolk Naval Ship-yard in Portsmouth, Va.; PugetSound Naval Shipyard in Bremerton,Wash.; and Pearl Harbor Naval Ship-yard in Honolulu. Our members atthese shipyards perform maintenancework on ships of the U.S. Navy.

The SMWIA also representsmembers at West Coast shipyardswho perform a variety of work oncruise ships, fishing vessels, vehicleferries and barges, and some demoli-tion of vessels for scrap.

Members also are employed by

Gulf Coast shipyards at Pascagoulaand Gulfport, Miss.; and NewOrleans.

Additionally, there are six non-shipyard metal trades councils whereSMWIA has members: Columbus,Ga.; Oak Ridge and Tullahoma,Tenn.; Amarillo, Texas; Albu-querque, N.M.; and Richland, Wash.

To learn more about the SMWIA,go to www.smwia.org.

A message from SMWIA

Director of Railroad

and Shipyard Workers

Larry Holbert

engineer to seek medical attentionfor dizziness, vomiting and blurredvision.

We have attempted to remedy theproblem at the bargaining table andin individual meetings with seniorcarrier officials – to no avail.

Fortunately, OSHA is takingthese violations seriously, imposingsignificant fines against carriers –sometimes in the hundreds of thou-sands of dollars – to cover backwages, punitive damages and attor-ney fees.

OSHA has also ordered the carri-ers to post notices regarding the lawand the ability of workers to notifyOSHA about violations, known aswhistleblower protection.

If you have been threatened,intimidated or disciplined for report-

ing safety hazards, injuries or seekingmedical attention, contact your gen-eral committee representative orstate legislative director with thefacts and they will assist you inreporting violations to OSHA.

I have imposed on UTU designat-ed legal counsel an obligation to

assist members, as necessary, afterthey have made a complaint toOSHA.

We know OSHA will act, as it hasnumerous times in recent months,saying, in imposing fines, “Railroadshave created a climate of fear insteadof a climate of safety.

“The safety of all workers isendangered when employers intimi-date injured workers so that theydon’t report injuries.”

UTU members are the backboneof railroad operations and deserverespect on the job as well as the rightto return home to their families inone piece.

The UTU was out in full force at therecent meeting of the Kansas Democrat-ic Party, State Legislative Director TyDragoo reports.

“We had a very informative meetingand attended a dinner where Pennsylva-nia Gov. Ed Rendell was the keynotespeaker. The Democratic Party has beena strong supporter of UTU and labor. Weappreciate their strides in continuing thefight to have Kansas workers provided asafe and fair environment in the work-place. Rep. Vince Wetta was a guest ofUTU. As a member of Local 794, Wettaprovides crucial insight on the housetransportation committee and we appre-ciate his efforts,” Dragoo said.

State Legislative Director Jay Seegmiller hasfiled to run for Utah’s 2nd Congressional District.The district is currently held by Democrat JimMatheson who has decided to run in Utah’s new4th District. “The 2nd District has been held bya Democrat for the last 12 years, so this is awinnable open seat,” Seegmiller said. “Currently

there are 11 Republicans, twoIndependents, one Constitu-tion Party member and threeDemocrats in the race, and Iam considered the front runneron the Democratic side.”

Seegmiller said he bringsworking family values thatbuilt Utah, and our nation, tothis race. “Utah’s spirit is root-ed in the belief that a hard day’s

work is rewarded with the ability to support fami-ly, friends, and community,” he said. “I fullyunderstand the importance of protecting FELA,Railroad Retirement and investment in Amtrak.”

In 2008, Seegmiller won election against thesitting Utah speaker of the House, a Republican,by a large margin. “It was the first time a sittingspeaker of the House had lost in a general elec-tion in 40 years,” Seegmiller said.

If you would like to know more about Jay’s raceand how you can help a fellow UTU member, logonto www.jayforjobs.com or call (801) 609-4JAY.

Left to right are Ryan Bohannon (legislativerepresentative, L-794, Wellington); KurkCrittenden (local chairperson, L-794); Wet-ta; Chad Henton (assistant state legislativedirector, L-506, Herington); BNSF GeneralChairperson Rex Pence and Dragoo.

April 2012 UTU News


Many of our bus locals have responded to a survey focusing on the health condi-tions of bus operators.

This is a very important step in identifying some of the health issues that we facewhile on the job.

The Transit Bus Operator Workplace Health and Wellness Survey, sponsored bythe Federal Transit Administration (FTA), is an effort to understand health, safetyand wellness issues faced by bus operators, and to learn how employers and laborunions are addressing these challenges.

Also responding to the survey were more than 200 transit companies.Specifically, the survey sought responses on:• The current state of bus operator health

and wellness;• Health promotion programs and policies;• The union local’s perspectives on bus

operator wellness and workplace health pro-motion programs, policies and activities;

• Identification of who does what to contribute to bus operator health promotion;• Opinions on how health promotion and wellness affect the work environment, driver retention

and transit operations.All information gathered in this survey will remain confidential, and the results will not indicate

specific locals, employers or employees.The results will be shared when made available by the FTA.

Bus operators take FTA survey

Bus DepartmentBy Bonnie Morr, vice president

[email protected]

State Watch News from UTU State Legislative Boards

Kansas

Utah Louisiana

Minnesota

We are trying to understand healthand safety issues of bus operators

Seegmiller

Morr

The Louisiana State Legislative Board recently held its reorganization meeting and elected David Duplechain (Local 1066, NewOrleans) the new state legislative director in the wake of the retirement of Gary Devall. Board members are (back row, left toright): Kevin Chassion (Local 1947, Lake Charles); Joe Bennett (Local 1458, DeQuincy, board chairperson); CollinsBrundige II (Local 976, Shreveport, secretary); Andrew Clackum (Local 659, Leesville, third vice assistant director); MikeRoe (Local 1337, New Orleans, assistant state director); front row, left to right: Wade Adams (Local 1501, Baton Rouge);Chris Christianson (Local 1545, Monroe, first vice assistant director); Anthony Starks (Local 781, Shreveport, second viceassistant director); Corby Acosta Jr. (Local 1836, New Orleans, alternate chairperson); Duplechain, and Charles Robinson(Local 1678, Minden).

The Minnesota state legislative board, which convenes quadrennially, recently met to elect officers and coordinate efforts. Thegroup also hosted Gov. Mark Dayton and UTU National Legislative Director James Stem. In the front row, left to right, areJack Wrich (Local 911, Minneapolis); State Legislative Director Phil Qualy; Dan Paradise (Local 1614, St. Paul, assis-tant state legislative director) and Brian Hunstad (Local 1177, Willmar). In the back row, left to right, are Wayne New-ton (Local 1000, Minneapolis); Geoff Bowen (Local 1175, Duluth); Tim Sparks (Local 1976, St. Paul); Matt LaBine(Local 650, Minneapolis); Steve Haus (Local 1292, Proctor) and Joel Anderson (Local 1067, Virginia).

Feds probe bus defectBuses manufactured over the past two decades

by Motor Coach Industries (MCI) are the objectof a federal investigation by the National High-way Traffic Safety Administration into whetherdrives shafts can dislodge during operation andcause bus operators to lose control of the coach.

The investigation is focusing on 4,000 MCI D-Series buses with a steerable rear axle and manu-factured between 1992 and 2012.

The Associated Press reports that the loss of adrive shaft is thought to have caused two fatalcrashes.

April 2012 UTU News April 2012 UTU News

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

Thinking of retirement? Here’s what you need to know

$2,000 death benefitavailable to most rails

Your family should know that a deathbenefit of $2,000 is available to eligiblerailroad retirees covered by theNRC/UTU Health & Welfare Plan andthe Railroad Employees’ NationalHealth and Welfare Plan (formerly GA-23000).

For more information, call MetLife at(800) 310-7770.

After a lifetime of hard work, UTU rail, busand airline members look forward to a secureretirement.

In an ideal world, it would be that simple. Inthe real world, careful planning and attention todetail are essential.

Topping the list of retirement concernsare money and health-care insurance; butyou also must present certain documen-tation prior to receiving benefits.

Sources of incomeAs a rule of thumb, between 70 and 80

percent of pre-retirement income is need-ed to enjoy a comfortable retirement, saysthe Social Security Administration.

Neither Railroad Retirement (covering careerrailroad workers), Social Security nor CalPERS(covering certain California public transit agencyworkers) was intended to be a retirees’ sole sourceof income, and thus will replace only about 40percent of pre-retirement income, says the SocialSecurity Administration.

Railroad Retirement, Social Security andCalPERS retirement benefits should be thought ofas part of a three-legged financial security stool –the other two legs to include other invest-ments, such as your home equity, certificatesof deposit, individual retirement accounts(IRAs), a 401(k) savings plan and wholelife insurance. (See the article, “Your UTU-IA helps provide secure retirements.”)

Those taking early retirement, or retir-ing on a disability, may be eligible for cer-tain supplemental benefits until they reachfull retirement age. If you are retiring early, youshould determine from your employer, Medicareand/or Railroad Retirement, Social Security orCalPERS, what supplemental benefits may beavailable to you.

Below are phone numbers and addresses for websitesthat can help you secure your plans for retirement.

UTU International(216) 228-9400www.utu.org

UTU Insurance Association (UTUIA)Toll free (800) 558-8842

www.utuia.org

United Healthcare GA-23111/Plan F(Medicare supplement)Toll free (800) 809-0453https://www.myuhc.com

UnitedHealthcare GA-46000/Plan E(Early retirement health insurance)

Toll free (800) 842-5252https://www.myuhc.com

U.S. Railroad Retirement BoardToll free (877) 772-5772

www.rrb.gov

Palmetto GBA(Railroad Medicare)Toll free (800) 833-4455www.palmettogba.com

Social Security AdministrationToll free (800) 772-1213www.socialsecurity.gov

MedicareToll free (800) 633-4227www.medicare.gov

CalPERSToll free (888) 225-7377www.calpers.ca.gov

Department of Veterans AffairsToll free (800) 827-1000

www.va.gov

Your UTUIA helps provide secure retirements

Begin your document search early

Be prepared to file for benefits

How long will you live after you retire, and will you have enoughmoney to live on comfortably?

Good question. That’s why – before you retire – you should think aboutpost-retirement economic security, because few things could be worsethan money running out during what are supposed to be carefree years.

A balanced retirement portfolio should resemble a three-legged stool.

The first leg is your Tier I Railroad Retirement, Social Secu-rity or CalPERS (the California retirement system for publicemployees), plus Tier II Railroad Retirement and/or anemployer pension.

The second leg is the equity in your home, plus your per-sonal savings, such as certificates of deposit and mutual funds.

The third leg of this financial stool are annuities, IRAs,401(k) plans and whole life insurance.

These three financial legs are the assets to support you through retire-ment. The fewer legs, or the lower value of any legs, could mean a lesssecure financial situation during retirement.

Determining available assets before you retire is essential. You may,

for example, choose to wait another year or two before retiring andbuild up assets in one or more legs of your financial stool.

Younger members are wise to consider these financial legs longbefore they retire.

The UTU Insurance Association can help build the third leg of yourfinancial stool prior to, and even during, retirement.

UTUIA whole life policies provide a death benefit whileaccumulating cash value. The death benefit protects yoursurviving family if you die; and the cash value becomesa source of tax-deferred savings available during yourretirement years.

UTUIA annuities and individual retirement accounts (IRAs)earn guaranteed interest that is tax deferred until you draw down

the balance. You may invest in UTUIA annuities up to age 85. ExistingIRAs and/or employer 401(k) plans may be rolled over into a UTUIA IRA.

To learn how the UTUIA can help make your retirement more secure,talk with a UTUIA field supervisor, or call the UTUIA toll-free line at(800) 558-8842.

Whether you are about to pull the pin or drop off your final passenger, here is a brief guide to assist you in applying for and

transitioning into retirement. Those nearing retirement age might also wish to review this centerfold – especially with regard

to financial planning.

Preparing for retirement can seem like a second full-time job. For sure, gaining an understanding of – and properly

applying for – Medicare, Railroad Retirement or Social Security is no minor task. Understanding your financial

needs in retirement is also of crucial importance.

And, staying in touch with your industry and former co-workers – made possible by the UTU Alumni As-

sociation – surely has mental-health advantages.

This guide is merely a guide. Ultimately, each person is personally responsible for applying properly

for retirement benefits and managing their post-retirement assets.

Monthly benefitsRailroad Retirement and Social Security annu-

itants and their spouses will receive monthly ben-efit checks directly from the federal government.

It is wise to arrange, when applying for retire-ment benefits, to have the checks deposited

electronically into your bank account.Whether it’s Railroad Retirement, Social

Security or CalPERS, those agencies willrespond to your request for estimates ofmonthly retirement benefits available toyou and your spouse. One of your first pre-

retirement chores should be to obtain thisestimate, because those benefits will be the

foundation of your post-retirement income. Youmay also wish to speak with a certified financialplanner, and/or a UTUIA field representative,about post-retirement financial issues.Time to retire

Filing for retirement benefits – and investigatingMedicare health care options – should begin at leastthree months prior to your planned retirement date.

Filing for benefits generally is accomplished byvisiting a Railroad Retirement, Social Security orCalPERS field office, where you will be asked to

provide various documents necessary for theprocessing of retirement benefits payable toyou and your spouse. (See the article, “Beginyour document search early.”) Informationon the location of field offices may beobtained by calling the toll-free telephonenumbers listed on the opposite page.During the pre-retirement interview, you

may determine that there is an advantage toyou or your spouse waiting a little longer to drawretirement benefits. Be sure to enquire about limi-tations on post-retirement earnings, and how suchearnings may reduce Railroad Retirement, SocialSecurity or CalPERS benefits.

With some advance planning and atten-tion to detail, the transition from employment toretirement should be smooth sailing. The besttime to begin the process is now!

To apply for Railroad Retirement or SocialSecurity benefits, you must provide certain infor-mation, and it is suggested you begin the processat least three months prior to your anticipatedretirement date.

You will need the following information to reg-ister successfully for benefits:

•Proof of age: An original birth certificate ora certified copy (not a photocopy). If a birth cer-tificate is not available, the Railroad Retire-ment Board or Social Security will advise youhow to proceed.

•Proof of marriage: An original or a cer-tified copy (not a photocopy) of the marriagecertificate.

•Proof of military service. To be eligible formilitary credits, you will need a copy of your dis-charge papers (DD-214). Note: When you weredischarged, you likely were encouraged to file acopy of your DD-214 with the recorder of deedsin your hometown.

•A copy of your most recent IRS form W-2from your employer (filed with your tax return).

Railroad employees contemplating retirement areeligible to receive a “Retirement Made Easy” kit fromUnited Healthcare. To obtain the kit, rail employeesshould call United Healthcare at (800) 842-5252.

Also, if you have dependent children, youshould have available original or certified copiesof their birth certificates.

Transportation employees who are planning toretire should be aware of what steps to take andwhat documents are required when applying foran annuity from the Railroad Retirement Board(RRB) and for Social Security benefits. Beingprepared can prevent needless delays and ensurethat payments begin as soon as possible afterretirement. To ensure a smooth and speedyprocess, applicants should:

• Contact the RRB or Social Security at leasta year in advance of retirement to obtain esti-mates and discuss any unique or unusual circum-stances that might affect your annuity.

• Secure in advance original or certifiedcopies of required documents, such as proofs ofage, marriage, and any military service claimed.Photocopies cannot be accepted. Applicants fordisability annuities are required to submit sup-porting medical information and should have asmuch medical documentation and informationavailable as possible at the time of filing.

• Be prepared to provide Social Securitynumbers and relevant information (such asdates of birth, marriage, divorce) for spouses, for-mer spouses, and children.

• Be able to provide banking information fordirect deposit of benefit payments.

• Be able to provide details regarding non-railroad pensions or jobs, such as dates workedand employer identification numbers (EIN), forboth the employee and spouse.

• File in a timely manner. The RRB acceptsannuity applications up to three months inadvance of an annuity beginning date, whichallows the agency to complete the processing ofmost new claims by a person’s retirement date.

• Be sure to sign the application and return allpages to the RRB and Social Security.

Applications are filed through the RRB’s fieldoffices. Applicants may file in person or by tele-phone and mail. Those filing in person may do soat any RRB office or at one of the office’s cus-tomer outreach program service locations.Applicants filing by telephone receive the sameinformation and instructions that are provided tothose filing in person; forms requiring signaturesand other documents are then handled by mail.

The addresses of all the RRB’s field offices are

available on the agency’s website at www.rrb.govor by calling the RRB’s toll-free number at (877)772-5772. This number, which provides access tothe agency’s field office representatives, also pro-vides automated menus 24 hours a day, sevendays a week. RRB field offices are open to thepublic from 9:00 a.m. to 3:30 p.m., Mondaythrough Friday, except on Federal holidays.

Medicare is the primary health insurance forretirees and their spouses. It is available for thoseover age 65, those under 65 with certain disabil-ities, and those of any age with permanent kid-ney failure. It consists of Parts A, B, C and D.

Part A helps cover inpatient care in hospi-tals and a skilled nursing facility, hospice andhome health care.

Part B helps cover doctors’ services, hospi-tal outpatient care and home health care, aswell as some preventive services to helpmaintain your health and to keep certain ill-nesses from getting worse.

Part C is a Medicare advantage plan simi-lar to an HMO or PPO – health plans run byMedicare-approved private insurance com-panies. Medicare advantage plans generallyinclude Parts A, B and D.

Part D is a prescription drug program pro-vided by a Medicare-approved private insur-ance company to help cover the cost of pre-scription drugs.

You should enroll in Medicare Parts A, Band D when you are first eligible. If you delayenrollment, you will be subject to additionalcosts for the coverage.

Railroad employees should call the RailroadRetirement Board’s toll-free information line at(877) 772-5772 for enrollment and other infor-mation, or Palmetto GBA at (800) 833-4455.

Non-railroad employees should call Medicareat (800) 633-4227, or visit www.medicare.gov.Medicare can send you a handbook, “Medicare& You,” explaining all aspects of Medicare, orthe handbook may be ordered or downloaded atthe Medicare website.

What is Medicare?Your decades in the rail, bus or airline industry

and as a UTU member need not come to an endwhen you retire. Retired members can stay intouch through membership in the UTU AlumniAssociation, whose dues are $9 annually.

UTU Alumni Association membershipprovides the following benefits:

•A subscription to the UTU News;• An embroidered UTU baseball cap;•An annual UTU wall calendar, which

contains scenic transportation photographs;•Automatic enrollment in the UTU Trav-

elers’ Club, which sponsors world-wide tripswith other UTU retirees;

•Hotel, rental car and cellphone discounts;•A documents portfolio for filing insurance

policies, wills, and other important papers;•A assets-manager booklet for recording

legal, insurance, financial and estate infor-mation, and a medical manager booklet forrecording your complete medical history;

•Automatic listing in the Final Call inUTU News, which alerts members to thedeath of friends and former coworkers.

To join the UTU Alumni Association andstay in touch with friends and coworkers andnews about the industry and your formeremployer, send a check for $9, plus your mail-ing address, to: UTU Alumni Association,24950 Country Club Blvd., Suite 340, NorthOlmsted, OH 44070-5333.

Join UTU Alumni

Continuing income is major concern for most retirees

Local Name City/State Local Name City/State Local Name City/State1 Schulenberg, David G. Dunkirk, N.Y.

30 Russell, Thomas N. Jacksonville, Fla.

171 Zink, Eugene L. Rock Falls, Ill.

194 Layer, Fred E. Boulder, Colo.

211 Knapp, Wilford M. Hartselle, Ala.

262 O’Connor, John J. Dorchester, Mass.

281 Verona, Anthony J. Pewaukee, Wis.

338 Owens, Morris L. Chattanooga, Tenn.

471 Hellard, B.T. Saint Louis, Mo.

473 Draper, LeVern D. Union, Ore.

504 Weekly, George J. McMechen, W. Va.

610 Cullins, Billy J. Pasadena, Md.

610 Hornack, Paul Dundalk, Md.

643 Gustin, Larry R. LaFeria, Texas

645 Robert, Louis C. North Bellmore, N.Y.

653 Blaser, Donald E. Crown Point, Ind.

662 Little, Glenn C. Manassas, Va.

744 King, Donald L. Lafayette, Ind.

759 Roach, Leroy Las Cruces, N.M.

770 Ellis, Gary L. Poteau, Okla.

792 Noss, Raymond T. New London, Ohio

800 Brush Sr., Richard A. Matamoras, Pa.

886 Harris, Justin T. Holbrook, Mass.

898 Adams, Carl R. Westminster, Mass.

911 Stevenson, Arthur D. Gladstone, Mich.

945 Conditt, Eugene C. LaJunta, Colo.

971 Vernon, Ronald W. Crewe, Va.

982 Smith, Carl G. Remsen, N.Y.

1031 Lynes, Daniel N. Savannah, Ga.

1031 Morris, Elwyn G. Jesup, Ga.

1033 Davis, Albert R. Acworth, Ga.

1042 Burns, Jack A. Oklahoma City, Okla.

1058 Tucker, Elmer E. Bonners Ferry, Idaho

1221 Clark, Richard W. Tampa, Fla.

1292 Martinovich, John R. Two Harbors, Minn.

1345 Worley, Daniel P. Maryville, Tenn.

1366 Cunliffe, Leland A. Sandy, Utah

1373 McCarthy Jr., Charles E. Perryville, Md.

1375 Paul, William J. West Deptford, N.J.

1382 Watts, Gordon F. Brooksville, Fla.

1383 Gish, James T. Fort Mohave, Ariz.

1393 Burns, Joseph R. Buffalo, N.Y.

1477 Dick, Kenneth W. Livonia, Mich.

1502 Watkins, Milton S. Wildwood, Fla.

1525 Tate, Eddie R. Edwardsville, Ill.

1529 Wilson, Raymond R. Toledo, Ohio

1563 Malone Jr., Charles L. Riverside, Calif.

1565 Kahl, Melcher Cincinnati, Ohio

1570 Coad, Veon W. Auburn, Calif.

1628 Zepay, George W. North Versailles, Pa.

1760 Hendrix, Jack W. Northville, Mich.

1929 Baldwin, Richard M. Smithton, Ill.

1978 Coyle, John M. New City, N.Y.

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 receivedat UTU International Headquarters. These brothers and sisters will be missed by their many friends and by fellow UTU Alumni Association members.

UTU Alumni AssociationUTU Alumni Association

Page 8 April 2012 UTU News


News, information for members of the UTU Alumni Association

UTUUTUAlu

mniAlu

mni

Retirees keep railroad family alive with reunions

Railroad retirees in Colorado are invited to a luncheon hosted by former State Legislative DirectorJack Shaver.

The event will take place at 11:30 a.m. Wednesday, May 9, at Cinzzetti’s Italian Market, 281 W. 104thAve. in Northglenn.

Retirees from all unions and crafts, as well as their spouses, are invited, Shaver said.Former UTU International President Al Chesser will be the guest of honor.The cost per person for the buffet meal is $15, and reservations are required.Please mail checks by May 2 to Shaver at 16052A Deer Ridge Dr., Morrison, CO 80465.Contact Shaver at (303) 697-9794 or [email protected].

Chesser to attend Colorado retiree lunch

The reunions had their genesis as a Santa FeRailway softball team back in the 1950s, Zimmer-man said. “There’s eight or 10 of us left fromthat.”

That group and other co-workers and theirwives then started having dinners together backin the 1980s, Zimmerman said. But the wives gotbored with the railroad talk, and now it’s the menwho continue the tradition.

Zimmerman said he was at a funeral about 30years ago when he thought it sad that he only sawfriends from the railroad when somebody died.Soon after, he and Arter began visiting rail

friends all over Oklahoma, stopping by yards anddepots. Eventually they started scheduling regularget-togethers.

“I believe at our first meeting we had about 17come,” Zimmerman said.

While attendance at the meetings grew quick-ly, the group faces the realities of age as friends die.“About one in five cannot make our meetingsbecause of doctor appointments,” Zimmermansaid.

The retirees reunite every few months to remi-nisce about their hard work and the friendshipsthey forged on the railroad.

Harold Arter (left) and Jim Zimmerman

Railroading gets in your blood, and blood isfamily.

And families need reunions, and that is whatUTU retirees Jim Zimmerman and Harold Arterdo: they hold reunions for railroad retirees livingin and around Oklahoma City.

They have been doing it for nearly 40 years.(Zimmerman is a member of Local 1188, Okla-

homa City. He also served as Oklahoma state leg-islative director from 1975 to 1992. Arter was aconductor on the Santa Fe for years but ended upretiring from a homebuilding career.)

Group of friends from formerSanta Fe have met for 40 years

The group, now 40 strong, recently met atSpencer’s Barbeque in Midwest City. The oldestwas 93.

Zimmerman started on the Rock Island Line atage 20, earning $12 a day, and logged 42 years as arailroad worker, retiring in 1992. Like most of themen in the room, he knew all the others by name.

“These guys made up five-man crews, andsometimes we’d work a few weeks together andsometimes we’d work a few months together,” hesaid.

For more information on these meetings, callZimmerman at (405) 391-4250.

Retirees from the former Missouri Pacific andUnion Pacific enjoy a once-a-month gettogether in St. Louis, Alumni Associationmember Norbert Shacklette of Local 1823,St. Louis, reports. Three nonagenarians whomade it to the meeting include WendellHooks (seated; Local 1402, Dupo, Ill.; retiredIllinois Division conductor, 93 years old);Eugene Harmack (standing left; Local 1823;retired Eastern Division conductor, 91 yearsold) and Fred White (standing right; Local330, Poplar Bluff, Mo.; retired MissouriDivision conductor, 92 years old). All threewere the sons of railroaders.

276 years young

April 2012 UTU News Page 9


About 25 percent of railroad and airline workers admitthat sleepiness has affected their job performance

The results of a recent National Sleep Founda-tion study should get UTU members nodding inagreement.

The UTU National Legislative Office andUTU state legislative directors will be using theresults of this study to educate lawmakers and reg-ulators about the value of adequate sleep.

This is what the National Sleep Foundationreported:

• The people we trust to take us or our lovedones from place to place often struggle with sleep.

• Pilots and railroad operators are most likelyto report sleep-related job performance and safe-ty problems.

UTU seeks predictable work schedules for all members

• About 25 percent of railroad and airlineworkers in safety sensitive positions admit thatsleepiness has affected their job performance atleast once a week. This compares to about 17 per-cent of non-transportation workers.

• One in five pilots and almost one in five rail-road workers has made a serious error or had aclose call due to sleepiness.

• Six percent of transportation workers – air,bus and rail – have been involved in car accidentsdue to sleepiness while commuting to or fromwork. This compares with just one percent ofnon-transportation workers.

• Among all workers, airline and rail workersin safety sensitive positions report the most work-day sleep dissatisfaction.

• Almost two-thirds of rail workers in safetysensitive positions and one-half of airline workersin safety sensitive positions say they rarely or nev-er get a good night’s sleep on work nights.

• If given one more hour off between workshifts, over one-half of pilots and rail workers insafety sensitive positions report that they woulduse the hour for sleep.

• Transport workers have challenging sched-ules that compete with the natural need for sleep.

UTU National Legislative Director JamesStem says that “while there has been someimprovement in safety laws and regulationsaimed at combating fatigue affecting transporta-

The UTU International is seekinggood railroad, bus and airline photos.

High-resolution digital photographsshould be emailed to “[email protected]”.Printed photos should be mailed to UTUNews, 24950 Country Club Blvd., Suite340, North Olmsted, OH 44070. Includethe UTU member’s name and local num-ber, the name(s) of the person or personsin the photo (left to right) and any otherinformation. All photos become propertyof UTU.

We need your photos

Accidents can happen to anyone, at any time

I would like more information, please

I would like to learn more about UTUIA’s accident indemnity plan.(Please print)

Full name

Address

Telephone number with area code

City State

Sex Male Female

ZIP

UTU local numberDate of birth

Mail to: UTUIA, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333 04/12

� �

Protect yourself and your family from accidents,on and off the job, for less than $1 per day

The UTUIA’s accident indemnity plan provides you with money when youneed it most: when you’ve had an accident and cannot work.

Benefits are paid for emergency treatment; hospital confinement; exams; phys-ical therapy; ambulance service, and more.

Use the money for whatever you want: mortgage payments; car payments;medical expenses. The choice is yours.

The UTUIA offers two levels of benefits; you choose the level of protection youand your family desire.

8 All benefits are paid directly to you.

8 Benefits are paid at full value, regardless of anyother insurance you have.

8 Benefits will never be reduced.

8 Your premium does not increase with age.

8 You will never be singled out for a rate increase.

8 Guaranteed renewableto age 80.

8 No physical required.

Call the toll-free number above, email theaddress above, or send in the coupon at rightto request a plan benefit brochure. Certainconditions and exemptions may apply.

Call or email today:

(800) [email protected]

tion workers, those laws and regulations fall farshort of what is needed.

“There remains a total lack of predictable workschedules for safety critical operating employees,”Stem says. “And there remains a misapplicationof existing work-rest provisions that actuallymake fatigue-reducing applications worse, espe-cially for regularly scheduled yard assignments.

“For commuter airline pilots, the problem offatigue abatement is especially severe,” Stemsays. “Commuter airline pilots and flight atten-dants in safety critical roles are not furnishedlodging during break periods, requiring them touse public airport facilities, rather than hotelrooms, for rest periods.”

Meanwhile, the National Sleep Foundation

offers the following advice to will help trans-portation workers obtain better rest:

• Use your bedroom only for sleep to strength-en the association between your bed and sleep. Itmay help to remove work materials, computersand televisions from your bedroom.

• Select a relaxing bedtime ritual, like a warmbath or listening to calming music.

• Create an environment conducive to sleepthat is quiet, dark and cool, with a comfortablemattress and pillows.

• If you can’t sleep, go into another room anddo something relaxing until you feel tired.

• Exercise regularly, but avoid vigorous work-outs close to bedtime.

• If you are experiencing excessive sleepinessduring work hours, contact your health care pro-fessional for a sleep apnea screening.

refuses to work under certain unsafe conditions orrefuses to authorize the use of safety relatedequipment.

An employer is outright prohibited from disci-plining an employee for requesting medical orfirst-aid treatment, or for following a physician’sorders, a physician’s treatment plan, or medicaladvice.

Retaliation, including threats of retaliation, isdefined as firing or laying off, blacklisting,demoting, denying overtime or promotion, disci-plining, denying benefits, failing to rehire, intim-idation, reassignment affecting promotionprospects, or reducing pay or hours.


Page 10 April 2012 UTU News

Continued from page 1OSHA fines UP

UTU DLC have pledgedto help members who complain

Job briefings can prevent serious injuries andfatalities, says the Federal Railroad Administra-tion in a switching fatalities and severe injuryupdate. The FRA cites 23 fatalities that haveoccurred as a result of what it terms “inadequatejob briefings.”

The FRA offers the following tips for “an effec-tive job briefing”:

• First, a job briefing is different from a safe-ty briefing. A job briefing is specific to upcomingwork and its interrelated and independent tasks.A safety briefing is more general, often occurringat the beginning of a shift;

• Ongoing communication is crucial amongemployees during the entire time switching oper-ations are being performed, including periodswhen tasks are changing or when anomaliesoccur. Thus, it is important always to monitor

Job briefings can save limbs and liveswork-in-progress, especially for anomalies. Whenwork changes occur, the employees involved maynot maintain current with these changes. Theymay be unaware of the tasks to be performed, andthis may place them in peril;

• All crew members should be empowered tostop work and request a job briefing;

• A job briefing is a two-way exchange ofinformation to reach an understanding of thetasks being performed. All should participate inthe job briefing, regardless of seniority. All shouldbe heard about concerns of upcoming work. Allshould understand the exact nature of work to beperformed;

• A job briefing cannot be standardized, gen-eralized or simply rule based. Switching acts canbe unique to circumstances and location. A brief-ing must be adequate and specific to the acts.

Fatalities have resulted even after a job briefingbecause the briefing was not adequate;

• At a minimum, a job briefing shouldinclude:

Who will act;What act is to be done;Where the act will occur;When the act will occur;Why the act is being done;

• An effective job briefing can prevent harmto employees monitoring switching operationsfor anomalies from what was planned. Stoppingwork when appropriate, and holding an effectivejob briefing, are part of safe operating practices.

For more information on FRA safety advi-sories, go to www. utu.org.

Railroad employees and/or their eligibledependents covered under the national railroadmedical, prescription drug, dental, vision and lifeinsurance benefits plans are now able to find infor-mation about those benefits at The Railroad Infor-mation Depot webpage: www.rrinfodepot.com.

(Note that this website pertains only to the nation-ally negotiated railroad health and welfare plans. Ifyou and/or your eligible dependents are not coveredby those benefits plans – and this includes Amtrakemployees – you should continue to seek informationabout your health care benefits from your employer.)

Each of the benefits administrators for railemployee health care insurance negotiated underthe national railroad medical, prescription drug,dental, vision and life insurance benefits planswill host a home page at the Railroad Informa-tion Depot. They include Aetna, Highmark,MetLife, Medco, VSP, and UnitedHealthcare.

By logging on to www.rrinfodepot.com, railemployees will find a central point of access for

Earlier this year, OSHA elevated in agencypriority its whistleblower protection efforts, plac-ing enforcement directly under OSHA’s assistantsecretary of labor. OSHA said the elevation wasan effort “to strengthen employees’ voices in theworkplace.”

A rail employee may file a whistleblower com-plaint directly with OSHA, or may contact his orher general chairperson or state legislative direc-tor for assistance.

UTU designated legal counsel have pledged toassist members, as necessary, after they havemade a complaint to OSHA.

A listing of UTU designated legal counsel canbe found on the UTU website (www.utu.org) ormay be obtained from local or general committeeofficers or state legislative directors.

information about health care benefits, regardlessof which benefits administrator provides coverage,such as:

• Alerts and important dates regarding annualopen enrollment periods;

• Current topics of interest and news on spe-cific health issues;

• Access to summary plan descriptions;• Information on medical care, mental health,

substance abuse, disease management, wellnessprograms, pharmacy, dental care, life insurance,vision care, and sickness benefits, regardless ofthe health care benefits administrator;

• Links to network providers, helpful tools andeducational materials, contact information, andthe various forms necessary for filing for benefits;

• A dedicated retirement section providinginformation and links to assist you in transition-ing into retirement;

• Railroad Enrollment Services information toensure you understand who is eligible for cover-age under your plan and the documentationrequired.

At the website, you will be able to navigateover a topic to read more about what it offers;and, if it’s what you are looking for, you will needonly to click on the topic to find more in-depthinformation.

A postcard was mailed to all railroad employ-ees covered by these plans announcing thelaunch of the new website.

The webpage is also available on the “HealthCare” page accessible from the UTU webpagehome page, www.utu.org.

Website offers wealth of medical informationThere is now a smartphone application (“app”)

for UTU members covered under the RailroadEmployees National Health and Welfare Plan orthe National Railway Carriers and UTU Healthand Welfare Plan.

The mobile app is available for users of iPhone,Blackberry and Droid platforms, and the app willlink to Aetna, Highmark BCBS, UnitedHealth-care and Medco.

The app will allow you to:• Obtain your member number and other per-

tinent information, and even allow you to print atemporary medical ID card;

• Obtain cost and quality data for certainproviders and services (transparency tools canhelp you make more informed choices);

• Access claims information, popular toolsand explanation of benefits;

• Find providers in your area, call them andobtain directions to the provider;

• Check benefits and coverage information.• Contact member services via phone or email.Here is how to download the app: Log onto the

secure member sites of Aetna (www.aetna.com);Highmark BCBS (www.highmarkbcbs.com);UnitedHealthcare (www.myuhc.com) or Medco(www.medco.com). You will need your secure userID and password to proceed. If not registered onthe site, you will have to do so when you log on.

Once logged on, you will find information onhow to download the provider’s app to your smart-phone. Remember that federal regulations oremployer policies may prohibit your using electron-ic devices, including smartphones, while on duty.

Smartphone appimproves health care

WASHINGTON – Few commodities are asessential to railroads and railroad jobs as coal.Fully 25 percent of railroad revenue, one-in-fiverailroad jobs and 40 percent of freight cars owetheir existence to coal, according to the Associa-tion of American Railroads.

But a proposal by the Environmental Protec-tion Agency (EPA) this week could put a crimpin coal’s future – imposing the first-ever limits ongreenhouse gas emissions from new power plantsand encouraging the substitution of natural-gasfired energy plants to generate electricity.

The EPA is accepting comments on its propos-al prior to finalizing the rule. If the EPA does notback down, coal interests are expected to mounta federal-court challenge to the rule, according tonews reports.

The senior Democrat on the House Trans-portation & Infrastructure Committee, Rep.Nick Rahall of West Virginia, said the ruling“could have a crippling effect” on coal produc-tion, effectively prohibiting the construction ofcoal-fired power plants and causing many of theexisting coal-fired power plants to be phased out.

The EPA said its ruling is “a common-sensestep to reduce pollution in our air, protect theplanet for our children, and move us into a newera of American energy.”

But the Edison Electric Institute, which repre-sents electric utilities, said that the EPA proposal“threatens the viability of coal.” News reportsquote experts who say that the EPA ruling, if itstands, could eliminate 15 percent of U.S. coal-fired plants.

China, meanwhile, uses more coal than theUnited States, Europe and Japan combined,according to The New York Times.

EPA proposal threatens coal, rail jobs

Moving?The UTU International pays hundreds of dollars amonth to the U.S. Postal Service because manymembers do not inform the union they havemoved. If you are planning to move, please informboth the UTU International and your local secre-tary of your new address at least six weeks inadvance. Contact the UTU International by phoneat (216) 228-9400, ext. 3908, via email at “ [email protected]” or log onto www.utu.org andchange your address via the UTU website.


April 2012 UTU News Page 11

UTU REGIONAL MEETING

REGISTRATION FORMRegistering before the regional meetings speeds sign-in procedures, helps organizers plan more accurately, andsaves on meeting costs. Each person attending the regional meeting, including family members and guests,MUST be registered in order to attend any event. Please note that these meetings last 2-1/2 days andconclude on the afternoon of the third day. Registration fees are $150 per person; children 11 years of ageand under are complimentary. On-site registration is $200 per person. All fees must be paid in U.S. funds. Canadianfunds will be returned, possibly delaying your registration. If you have questions, consult your bank. Registrationforms with payment must be received at the UTU International by June 4 for the Portland meeting and by July9 for the Memphis meeting for all members, spouses and guests to be considered pre-registered.

Which regional meeting will you be attending? � Portland � Memphis

Arrival date: Departure date:

Transportation type: � Automobile � Air � Other

Member registration

Name Local Title (if any)

Home address

City/State/ZIP

Phone number ( ) Email

Meals: Day 1 � Lunch � No meal Any dietary restrictions?

Day 2 � Lunch � Dinner � Both � No meals

Day 3 � Lunch � No meal

Spouse registration � Portland � Memphis

Spouse name Title (if any)




Spouse/guest tour: � Sunday or � Monday ($35/tour per registered spouse; $75/tour per unregistered spouse)

Child registration � Portland � Memphis

Child name Age




Child name Age




Child name Age




Child name Age




Tour: � Sunday or � Monday ($35/tour per registered child; $75/tour per unregistered child) No. attending

Guest registration � Portland � Memphis

Guest name Relationship to member

Home address

City/State/ZIP




Spouse/guest tour: � Sunday or � Monday ($35/tour per registered guest; $75/tour per unregistered guest)

Special needs? (Circle appropriate responses): Registrant / spouse / child / guest is:

hearing impaired / visually impaired / in wheelchair / other:

Golf registration � Portland � Memphis

Name Handicap Name Handicap

Name Handicap Name Handicap

(Golf fees are $80 per golfer; include in total payment. Please provide names of others if foursome.)

Payment options

Check/money order enclosed (U.S. funds only) $

Credit card � VISA � MasterCard

Card number Exp. date Total charged $

Signature

Should additional space be needed, make copies of this form and attach to the original. Make checks ormoney orders payable in U.S. funds to “UTU Regional Meeting” and mail to UTU Regional Meeting, 24950Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333. Persons who do not pre-register for theregional meeting but choose to register at the meeting site will be charged an additional $50. Space on thetours is limited; reservations are accepted on a first-come, first-served basis.

The 2012 UTU/UTUIA regional meetings have beendesigned to provide a grand sense of fraternalism, lots ofworthwhile education and tons of fun for the whole family.

As before, each regional meeting will run for 2-1/2days, ending early on the afternoon of the third day. Theevening of the first day has been left unscheduled so you,your family and friends will be free to explore and enjoythe many offerings of the regional meeting cities.

UTU regional meeting registration and hotel informa-tion, as well as web links to make hotel reservationsonline, can be accessed by visiting www.utu.org andclicking on the “Meetings” box.

All those attending the regional meetings must be reg-istered in order to attend any planned social function.Children ages 11 and under who are pre-registered arecomplimentary. The registration form is on the right.

A completed registration form listing each attendee,regardless of age, and complete payment in U.S. fundsmust be received at the UTU International, 24950Country Club Blvd., Suite 340, North Olmsted, OH44070-5333, by June 4 for the Portland meeting or byJuly 9 for the Memphis meeting or the registrant will becharged an on-site registration fee of $200.

The pre-registration fee for the 2012 regional meetingsis $150 per member, spouse or child over age 11, the samefee charged the last five years. Additional fees apply forthe golf outings. You must make your own room reserva-tions, and certain deadlines apply.

The $150 registration fee covers all workshop materi-als; a welcoming reception the night before the meeting;three lunches and one evening meal. Those wishing toattend only the workshops do not need to pay the regis-tration fee. No one-day registrations are offered.

You may cancel your meeting registration 10 days priorto the first day of the meeting or the golf outing withoutpenalty. Call the International at (216) 228-9400 or [email protected] immediately regarding any changes orcancellations.

Portland, Ore., June 18-20:Hilton Portland Hotel, 921 S.W. Sixth Ave., Portland,OR 97204-1202, www.portland.hilton.com

Reservations: (800) 445-8667 toll free; (503) 226-1611 direct; reservation code: UTURoom rate: $139 single/double, plus taxes; ratesgood for three days before and after meeting,depending upon availability.Reservation deadline: May 14, or until all roomsbeing held for the UTU are reservedParking: $27/day valet; $18/day self parkGolf outing: The regional meeting golf outing willtake place Sunday, June 17, at the ReserveVineyards and Golf Club in Aloha, Ore. The cost is$80 per golfer, which includes golf, lunch and more.

Memphis, Tenn., July 23-25:The Peabody Memphis, 149 Union Ave., Mem-phis, TN 38103 97204-1202, www.peabodymem-phis.com

Reservations: (800) PEABODY toll free; (901)529-4000 direct; reservation code: 721939.Room rate: $134 single/double, plus taxes; ratesgood for three days before and after meeting,depending upon availability.Reservation deadline: June 18, or until all roomsbeing held for the UTU are reserved.Parking: $15/day valet; $10/day self parkGolf outing: The regional meeting golf outing willtake place Sunday, July 22, at Mirimichi inMillington, Tenn. The cost is $80 per golfer, whichincludes golf, lunch and more.

Get ready for the 2012regional meetings

Spouse tours, discountsAt the Portland regional meeting, the UTU isoffering a tour of the Columbia River Gorgeand a city tour, and at the Memphis regionalmeeting a tour of Graceland and the National

Civil Rights Museum. The union also hasarranged discounts on airfare and rental carsat both locations. Go to the “meetings” page

of www.utu.org for details.

After BNSF announced it would demand highly per-sonal information from employees relating to off-dutymedical procedures and issues, the UTU and the SheetMetal Workers International Association (SMWIA)asked the Equal Employment Opportunity Commission(EEOC) to investigate.The proposed new carrier rule, said the UTU and

SMWIA, is discrimi-natory and violatesfederal law by requir-ing workers to providehighly personal med-ical information.Within days, BNSF

rescinded the policyrather than face an EEOC investigation.As the UTU and SMWIA documented in their com-

plaints to the EEOC, BNSF had no statutory right toview the information – that its proposed rule was in vio-lation of the Americans with Disabilities Act, the Genet-ic Information Nondisclosure Act, the Civil Rights Actand the Pregnancy Discrimination Act by requiring thatemployees provide the railroad with doctors’ notes, diag-nostic test results and hospital discharge summaries.“Each day that BNSF’s policy remains in effect, more

Photo of the month

Periodicals Postage

PAID at Cleveland, Ohio,

and Additional

Mailing Offices

ISSN 0098-5937

Published monthly (except forcombined months of Dec-ember/January and July/August)by the UNITED TRANSPORTA-TION UNION, 24950 COUNTRYCLUB BLVD., SUITE 340,NORTH OLMSTED, OH 44070-5333 • Periodicals postage paidat Cleveland, Ohio, and addi-tional mailing offices • MikeFuthey, International President;Kim Thompson, General Secre-tary & Treasurer • This publi-cation available on microfilmfrom National Archive Publishing,P.O. Box 998, Ann Arbor, MI48106.

POSTMASTER: Send addresschanges to UTU News, 24950Country Club Blvd., Suite 340,North Olmsted, OH 44070-

APRIL 2012

Please recycle

Photo of the month

This photo of a Santa Cruz, Calif., natural-gas powered Metropolitan Transit Dis-trict bus was taken by Local 23 member Mario Espinoza. This photo was takenat the Santa Monica Boardwalk.


UTU member keeps fra-ternalism alive for 40years. See page 8.

Thinking of retiring? Ahow-to guide can befound on pages 6 & 7.

UTU local officer Skibawins rail essay contest.See page 2.

Utah State Legislative Di-rector Seegmiller runs forCongress. See page 5.

Inside this issue of the UTU News:

44

The Official Publication of the United Transportation Union

Number 4

Volume April 2012

www.utu.orgwww.utuia.org

The UTU International isalways looking for good pho-tos, and awards UTU gear tomonthly photo winners.The UTU seeks photographs

or digital images of work-relat-ed scenes, such as railroad, busor mass transit operations, newequipment photos, scenicshots, activities of your local, orphotos of your brothers and sis-ters keeping America rolling.Printed photographs should

be mailed to UTU News,24950 Country Club Blvd.,Suite 340, North Olmsted, OH44070-5333.High-resolution digital pho-

tographs should be in the JPEGformat and emailed to“[email protected]”.With each photograph,

please include your name andUTU local number, the namesof the persons in the photo (leftto right), where the photo wastaken, and all other pertinentinformation.All photographs submitted

become property of the UTU.Remember to review your

employer’s policies regardinguse of cameras on the propertyor during work hours.

BNSF rescinds rule after labor complains

SShheeeett MMeettaall,, AAiirr,, RRaaiill aanndd TTrraannssppoorrttaattiioonn WWoorrkkeerrss

employees face the likelihood of having their statutoryrights violated,” the UTU and SMWIA told the EEOC.“And once an employee’s rights are violated – that is,

once BNSF has been notified of the away-from-workmedical condition or event and has obtained the employ-ee’s statutorily-protected medical information – there isno way to undo the violation,” the UTU and SMWIA

told the EEOC.Additionally, said

the UTU andSMWIA, the medicalinformation thatBNSF sought was like-ly to reveal a disabilitythat is neither job

related nor consistent with business necessity, and is like-ly to result in BNSF obtaining genetic information.Moreover, the proposed BNSF rule would have dis-

criminated against women affected by pregnancy and/orrelated medical conditions, the UTU and SMWIA toldthe EEOC.Other labor organizations filed similar complaints with

the EEOC.

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