General Chairman's Action Alert Page Updated 1/7/10

This page has been set up to communicate to all members concerns put forth by our General Chairman. The contents of this page are gathered from the General Chairman's emails to the BLE&T membership. I will try to publish the GC's comments as accurately as I can and any errors on this page are strictly my own.

New 1/7/10

                                            Subject: Federal Hours of Service questionnaire/surveys
Brothers & Sisters, We are approaching another historic turning point in our rail careers that will affect the number of hours we work, how much we earn, how much time off we get and the quality of our rest.  These issues make up the quality of life for ourselves and our families.
Federal Hours of Service questionnaire/surveys are being mailed out by the FRA to some of our membership.  If received, please take the time to carefully read and complete this important document.  Because we do not operate freight trains, this survey will hopefully provide the FRA with a snapshot of our work/rest requirements on commuter rail.
Fraternally, R. Darcy GC BLET/NJT

New 10/20/09

NTSSA - SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.

Brothers & Sisters,
New Jersey Transit expects compliance with all rules.
In light of recent disciplinary action, BLET members are advised to formally notify NJT in order to replace their worn safety protective equipment as soon as they show any sign of dirt, wear or degraded fit or adjustment. Personal Protective devices, such as safety glasses, ear protection etc. are NORAC compliance requirements which must be supplied, worn and maintained as required. Failure to do so may result in disciplinary action against BLET members.
All US employers are required to supply and maintain PPE. NJT is required by federal law to supply personal protective equipment (PPE). PPE includes ANY equipment necessary to protect an employee from work hazards. Depending on the work environment, required OSHA PPE may include hard hat, safety vests, belts, safety glasses, ear protection, skin protection or breathing protection.
Requesting PPE, reporting unsafe conditions, employer non compliance with federal state or local safety, sanitary or environmental regulations, or filing a complaint against an employer for failure to maintain a safe work environment is protected under OSHA whistle blower protection act and regulation. An employee who files an OSHA complaint is federally protected against employer discipline, retaliation, reprisal, harassment and intimidation. If you have any questions regarding your rights under these protections Contact your Division Local Chairman, but by all means comply with all rules, regulations and work requirements. We have these resources available to each member free of charge.
Request personal protective equipment when needed. Wear it when required. Comply with all rules.
Fraternally, R. Darcy GC BLET/NJT


Brothers & Sisters, Attached is a copy of the Meadows Sports Complex Letter of Understanding. Please read, keep and post copies ASAP. Service is scheduled to commence 7/26/09. This agreement applies to any Locomotive Engineer on NJT that is qualified on the Hoboken Division as of 5/20/09. Fraternally, R. Darcy

New 6/20/09
Subject: Help needed to document radio problems in Hoboken & MMC

Brothers & Sisters,
Radio transmission interference in Hoboken Terminal (near and about the Hill Yard) and MMC (near and about the Tower and Layover Yard) have been factors in at least two critical disciplinary events.
Members who experience radio interference or lack of transmission or reception there should report the condition to the Dispatcher, Operator or Yardmaster for documentation.
Interference has been recorded from police/EMS channels at Hoboken and foreign language (possible cell phone traffic) at the MMC. Please help record these conditions before another incident.
Fraternally, R. Darcy

New 5/23/09
Excerpts from NJ TRANSIT's Medical Policy 3.22
Non-Occupational Illness or Injury
Employee's Responsibility  

The employee is required to stay in contact with his/her immediate supervisor during his/her absence in order to keep the supervisor informed as to his/her availability for work.
Bus Agreement employees are required to submit a return to work note to their supervisors after three (3) consecutive working days have been missed.
All other employees are required to submit a return to work note to their supervisors after five (5) consecutive working days have been missed.
A physician's certification form (Exhibit 6) must be completed and sent to Medical Services at least every 30 days. The certificate must contain the following information:
The employee's name
The diagnosis and the date the illness/injury began
Date the services began and terminated
Disposition and expected date of return to work
Name, address, telephone and specialty of the physician.
Medical Services has the right to request a physician's note or certificate at any time. A request for medical documentation shall not in itself be deemed to be a disciplinary action. However, failure to provide such documentation to
Medical Services and/or failure to appear when summoned will result in denial of sick leave payment and will lead to disciplinary action up to and including termination of employment.
A return-to-duty physical examination and/or evaluation by an NJ TRANSIT physician may be required before an employee may return to work after an absence of ten (10) or more consecutive working days. This examination/evaluation must be completed before the employee will be permitted to return to work.
If an employee is absent for thirty (30) consecutive work days or longer and is unable to return to work, the employee must submit a physician's certificate or note to Medical Services providing the information described above. The employee may be required to undergo a physical examination and/or evaluation by an NJ TRANSIT physician each month as long as the employee is unable to work. However, the employee's supervisor and/or Medical Services maintain(s) the right to request a physical examination and/or evaluation at any time.
Failure to comply with a requested physical examination or evaluation will be reported by Medical Services to the appropriate supervisor and will lead to disciplinary action up to and including termination of employment.
Supervisor's Responsibility
The employee's immediate supervisor is responsible for staying in contact with an absent employee during the course of the employee's absence. The supervisor will forward any physician's certificates or notes submitted to him/her to Medical Services.
Medical Services Department's Responsibility
The Medical Services Department or a physician designated by Medical Services will examine the employee and determine if the employee is medically fit to return to work.  

New 4/19/09

Brothers & Sisters,
The Stuck Diesel Reverser Repair modification currently being installed on NJT F-40PH & GP-40 diesels (30 to date) does not conform to the BLET/NJT GCA approved design for the protection of our members. No Plexiglas shield has been installed.

It is strongly advised that no member attempt to perform this procedure or even open the high voltage electrical cabinet doors unless the locomotive is shut down, the battery switch is opened and battery cables disconnected.
Please post this at all locations. It is vital to the safety of our members that this procedure not be performed by BLET members until such protection has been certified by the BLET as installed properly on all locomotives regardless of instruction stickers, printed instructions or directions to open high voltage electrical cabinet doors unless the engine is shut down, battery switch is open and battery cables disconnected. The BLET will certify that such modifications and protective devices are completed and installed properly on each modified locomotive before revising this recommendation.
The BLET General Committee supports the membership right to a safe workplace and will certify safe operating practice in this instance through the representation process.
Please post this message ASAP at all sign-up locations Bulletin Boards and Web Sites.
Fraternally, R. Darcy GC BLET/NJT

Brothers & Sisters,
On April 3, 2009, our General Committee officially entered into the FRA Confidential Close Call (C3) Reporting Agreement with NJT. We are now part of a Labor/Management Agreement which includes the UTU, ATDA, FRA and NJT. For more details follow this link.
This is an historic event for our membership, but just one step in our unions goal of ever better representation on NJT. The BLET NJT/GCA did an outstanding to bring us this far with unanimous support. They represented our issues and interests well and will continue to do so through the long process of making this happen. Looking back someday, this will be the start of a better, safer work place. .
They deserve our support and encouragement for their participation.
Fraternally, R. Darcy GC BLET/NJT

New 2/15/09

Brothers & Sisters,
MMC car wash machine ACTIVELY records max speed.  If the lights go red or you exceed speed with any part of the train (even after the light goes out or you are by it), the carwash goes into a shut down fault.
An MMC carwash shut down fault must be manually reset from inside the carwash.  That's where the speed readout is and will come from should the train be overspeed.  If you pull up to the carwash and it is flashing red, the carwash is in shutdown fault.  
Do not make the mistake of speeding in the MMC carwash.  Clear the wash before you resume yard speed. If you get a student, reinforce this information along with the 10 MPH speed monitoring sensors located at MY entrance to Morrisville Yard (not the crossing).
Fraternally, R. Darcy

New 3/5/09
www.njtblet.com

Brothers & Sisters,

With high membership interest, the BLET General Committee is now linking to an hosted and moderated by members, for their use only. It supplements and enhances both division unofficial web sites by allowing BLET/NJT members to communicate and share ideas and opinions in real time. It is not intended to replace or act as report of what goes on in division meetings. It is a private membership discussion board unaffiliated with the BLET GCA

The BLET/NJT General Committee believes the idea has enough membership interest and is of value for BLET union members to be a success. In addition to supplementing Division meetings, a well run discussion board fits well with our union's goal of uniting all BLET NJT members and organizing representation into an interesting exchange of ideas. As with any Union forum, we ask all who participate in the unofficial BLET NJT Discussion Board to respect your brother's and sister's rights to privacy and dignity, attend your division meetings and give support to your union.

Our thanks to Brother Dave (Steamroller) Petersman for the web talent, driving digital force and conceptual vision of what he wanted to do and persistence to accomplish the task. He made it look easy and happen so fast.

Nothing stops Dave.

The BLET GCA thanks Brother Dave Decker for the time, effort and database skills to bring this General Committee into the Twenty First Century and define its vision for the future. You took it home. You are The Man.

Many members and officers contributed and continue to do more in order to get the effort up and moving. Once up, it will be easier to maintain.

There are even more members needed to connect to each other by becoming mobilization captains at the local division level. The more that participate the easier the job will be for all. Our General Committee supports this effort 100%.

In encouraging the effort the BLET/NJT General Committee asks each member to update all Division mobilization contact information through their Local Division Secretary Treasurer/representative. Their updated division mobilization record will be the only gateway to unofficial BLET/NJT Discussion Board. A division member may register on the unofficial BLET/NJT Discussion Board www.njtblet.com by following instructions on the site , but members with missing or inaccurate division contact information will not be granted access to the web site. In order to ensure your access is granted, please confirm all of your contact information is up to date with your local division representative.

The unofficial discussion board address is: www.njtblet.com

Fraternally,

R. Darcy

GC BLET NJT

New 1/09/09

Brothers and Sisters,  
The below New Federal  Statute for Railroad Employees which prohibits any railroad carrier or person  from denying, delaying or interfering with the medical or first aid treatment  of an employee who is injured during the course of employment is provided to  update you and our members on this subject matter. I strongly encourage you to  post this information or your BLET Boards and disseminate to our members at  you Monthly Union Meetings. In fact, I encourage you to make sufficient copies  for each member to carry in their grip and show it to any officers that may  imply interference with medical treatment if someone is injured.         
Fraternally yours,   Don  Moates, General Chairman Brotherhood  of Locomotive Engineers and Trainmen CSXT -  Western Railroad Lines  

SEC. 419. PROMPT MEDICAL  ATTENTION.

(a) IN GENERAL.—Section 20109  is amended—
(1) by redesignating subsections (c) through (i) as  subsections (d) through (j), respectively; and
(2) by inserting after  subsection (b) the following: ‘‘(c) PROMPT MEDICAL ATTENTION.— ‘‘ (1)  PROHIBITION.—A railroad carrier or person covered under this section may not deny, delay, or  interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is  requested by an employee who is injured during the course of employment, the  railroad shall promptly arrange to have the injured employee transported to  the nearest hospital where the employee can receive safe and appropriate  medical care.
‘‘(2) DISCIPLINE.—A railroad carrier or person covered under  this section may not discipline, or threaten discipline to, an employee for  requesting medical or first aid treatment, H. R. 2095—46 or for following orders or a treatment plan of a treating physician, except that a railroad  carrier’s refusal to permit an employee to return to work following medical  treatment shall not be considered a violation of this section if the  refusal is pursuant to Federal Railroad Administration medical standards  for fitness of duty or, if there are no pertinent Federal Railroad  Administration standards, a carrier’s medical standards for fitness for duty.  For purposes of this paragraph, the  term ‘discipline’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note  of reprimand on an employee’s record.’’
(b) CONFORMING AMENDMENTS.—Section  20109 is amended—
(1) in subsection (d), as redesignated by subsection (a)  of this section—
(A) by striking ‘‘(a) or (b)’’ in paragraph (1) and   inserting ‘‘(a), (b), or (c)’’;
(B) by striking ‘‘(c)(1)’’ in paragraph  (2)(A)(i) and inserting ‘‘(d)(1)’’;
(C) by striking ‘‘(a) or (b)’’ in  paragraph (2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and
(2) in  subsection (e), as so redesignated—
(A) by striking ‘‘(c)’’ in paragraph  (1) and inserting ‘‘(d)’’;
(B) by striking ‘‘(c)’’ in paragraph (2) and  inserting  ‘‘(d)’’;
(C) by striking ‘‘(c)(3)’’ in paragraph (2) and  inserting ‘‘(d)(3)’’; and
(D) by striking ‘‘(c)’’ in paragraph (3) and  inserting  ‘‘(d)"
 

New 2/15/09

Brothers and Sisters,
Be advised that NJT is monitoring all speed compliance.  Penalties for over speed are severe.  Please check all Rule Compliance at all locations.
Fraternally, R. Darcy
Subject: FW: Speeding Morrisville Yard
Chiefs, The standard practice at Morrisville by some Engineers is to slow down to 10mph at the ROAD CROSSING just out of sight on the photo (est. 1 car length) Instead of at the  END OF ATC SIGN.
The max speed at the yellow boxes is 10 mph. The 10 mph restriction starts just a few feet east of the yellow boxes and must include the entire movement period.
The ARVIS SYSTEM reads car numbers and Train Speed and is set for 10 mph. The system is located just inside the (10mph)limits and must be complied with.
Excuses of "That's what we use to do or it's close enough" are unacceptable... Must have rule compliance.
Please make this part of discussion by Road Foremen while train riding and set up some Radar Tests and Down Load Reviews at MV.
Forward results of Field Testing/Radar, Download Reviews and Rule Briefings with Engineers/Names  
This information must be placed to file & have ready for review by the Feds during Audits when questions of decertification are challenged.
This is an acceptable practice and suggested by FRA, (When a large number of Engineers are making the same mistake.)
This is seen as a need for "education with follow up rule compliance testing" to correct the problem.
Thanks jim

New 1/25/09

Brothers & Sisters,
A recent incident involving a Locomotive Engineer getting sick at work raised questions that were not known at the time.  He was taken to an area hospital and in the course of treatment brought up questions regarding human rights and the right to privacy.
Thanks to designated council  Bob Goggins from Keller Goggins Law Firm of Philadelphia, we now have a better idea what we should know and do to protect these fundamental rights. (See SEC. 419. PROMPT MEDICAL  ATTENTION below-Web guy).

When sick or injured you have a right to speedy treatment.  Nothing may interfere with that right.  You have the right to be taken to the nearest qualified medical treatment facility equipped to handle your condition.  Maplewood is not it.
If treatment is delayed or withheld for any reason, dial 911 and call for help.
When we are taken to a medical facility you have a right to privacy.  If a company representative should enter into the treatment area , you may ask them to leave.  It is your right.  If they refuse, they violate Federal Law and an individual may have legal recourse.  
If anyone should ask for a statement regarding an injury you have the right to pick the time and place, but not refuse.  If you are not ready to do it, you may mail it in, fax it, come in later or just postpone.  You cannot refuse.
The company has no right to medical information without your written permission.  They cannot take or steal it.  It is a violation of Federal Law.
I hope you never need it, but if you do, KNOW YOUR RIGHTS.
If in doubt, call the BLET representative near you. Our thanks to BLET Designated Council Bob Goggins for these guidelines.
Fraternally, R. Darcy GC BLET GCA  

1/8/09

Subject: F40 Locomotive cab electrical cabinet doors
Brothers & Sisters,
New Jersey Transit is modifying F40 Locomotive cab electrical cabinet doors (4122 & 4124) with laminate instruction card stickers.  The sticker instructs employees how to perform a stuck reverser mechanism repair procedure in the event that the locomotive becomes disabled.

The instructions direct the employee performing the procedure to open the lower high voltage cabinet and insert a crank and operate the reverser mechanism manually. NJT confirms that the lower cabinet still has voltage.  
BLET recommends NJT figure out a way to safely perform the procedure without opening the cabinet. We recommend not performing the procedure described in the laminated card until this safety issue is addressed. Fraternally,
R. Darcy    

9/27/08  

Brothers & Sisters,
Recent disciplinary action against one BLET member is based solely on the number of visits to NJT Employee Assistance Program.  NJT position changed regarding substance abuse counseling to include/count voluntary visits the same as mandatory counseling.  
Effective immediately the BLET recommends not using NJT Employee Assistance services for any reason unless mandatory or when involved in a critical incident (fatality counseling).   If in doubt call your union representative.
Fraternally, R. Darcy


Brothers and Sisters,  
Two more BLET members were recently injured while on duty.  Both were charged with violating NORAC Operating Rules.  Both were victims that went to work healthy and came home with long term, life changing injuries.    
Oil on motive power walkways is a violation of federal regulations (The Boiler Inspection Act).  A violation of any federal regulation or requirement must be reported for the protection of all employees and the riding public.  Violations or defects not repaired may not be used, placed in service or dispatched from a yard, terminal or repair facility.  
If any member discovers an equipment defect or unsafe condition they should report it immediately, document their compliance and inform their union representative.  Do not take on the added responsibility of using or operating defective equipment for NJT without being ordered to by some authority.  
If you are ordered to do something unsafe, violate a rule or regulation or witness the same contact your union representative  with details.  We want to know.  
Document it X 3.  You owe to your family.  You owe it to your brothers & sisters. You owe it to yourself.  
Fraternally, R. Darcy

SEC. 419. PROMPT MEDICAL  ATTENTION.

(a) IN GENERAL.—Section 20109  is amended—
(1) by redesignating subsections (c) through (i) as  subsections (d) through (j), respectively; and
(2) by inserting after  subsection (b) the following: ‘‘(c) PROMPT MEDICAL ATTENTION.— ‘‘ (1)  PROHIBITION.—A railroad carrier or person covered under this section may not deny, delay, or  interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is  requested by an employee who is injured during the course of employment, the  railroad shall promptly arrange to have the injured employee transported to  the nearest hospital where the employee can receive safe and appropriate  medical care.
‘‘(2) DISCIPLINE.—A railroad carrier or person covered under  this section may not discipline, or threaten discipline to, an employee for  requesting medical or first aid treatment, H. R. 2095—46 or for following orders or a treatment plan of a treating physician, except that a railroad  carrier’s refusal to permit an employee to return to work following medical  treatment shall not be considered a violation of this section if the  refusal is pursuant to Federal Railroad Administration medical standards  for fitness of duty or, if there are no pertinent Federal Railroad  Administration standards, a carrier’s medical standards for fitness for duty.  For purposes of this paragraph, the  term ‘discipline’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note  of reprimand on an employee’s record.’’
 
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