Division 272 Engineer's Newsroom
The latest NEWSFLASH from the BLE&T
UPDATED: 7/9/11

New 6/23/11

A victory for rail workers as Supreme Court upholds FELA negligence standard

CLEVELAND, June 23 — Rail Labor scored a major victory today as the United States Supreme Court rejected an argument by CSX Transportation that would have made it much more difficult for railroad workers to be compensated when they are injured on the job as a result of a railroad’s negligence. The case — CSX Transportation, Inc. v. McBride — originally was brought by BLET Division 742 member Robert McBride, who was injured while working for CSX. The claim was filed pursuant to the Federal Employers’ Liability Act (FELA) by Brotherhood of Locomotive Engineers and Trainmen Designated Legal Counsel John Kujawski. Under the FELA, a railroad worker who is killed or injured on the job may recover damages if the injury or death results in whole or in part from the railroad’s negligence. Dissatisfied with the jury’s verdict in McBride’s favor, the railroad appealed to the Seventh Circuit Court of Appeals, complaining that the instructions given to the jury did not include one requiring that it apply a higher “proximate cause” standard, meaning that McBride needed to prove that the railroad’s negligence was the main or direct cause of the accident. The Seventh Circuit denied the railroad’s appeal. Writing for a 5–4 majority, Justice Ruth Bader Ginsburg held that the jury instruction “proper in FELA cases … simply tracks the language Congress employed, informing juries that a defendant railroad caused or contributed to a plaintiff employee’s injury if the railroad’s negligence played any part in bringing about the injury.” The Court also noted that jury instruction “sought by CSX would mislead” a jury in the proper application of the law. “The Supreme Court today vindicated an important right for BLET members and all railroad workers,” said BLET National President Dennis R. Pierce. “Our congratulations go out to Brother Bob McBride and his family, whose 7-year struggle for justice concluded successfully today. “I also want to congratulate BLET Designated Legal Counsel John Kujawski and the team he assembled to fight for Brother McBride’s rights,” Pierce added, “and to thank retired BLET General Counsel Harold Ross for coordinating Rail Labor’s friend of the court brief, which demonstrated the continuing need for the protections afforded by the FELA.”
Thursday, June 23, 2011 bentley@ble.or

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New 4/16/11
Rail safety program dropped in deal
Quoted from Congress.org

By CQ Staff

Freight railroads scored a quiet victory in the negotiations that produced the fiscal 2011 spending package. The measure headed to the House floor Thursday would cut off funding for a rail safety program created in response to a fatal California train collision in 2008.

The Railroad Safety Technology Program, funded at $50 million in fiscal 2010, uses grants from the Federal Railroad Administration to help states and freight railroads install crash avoidance systems, particularly in high-risk areas, including on lines that frequently carry hazardous materials.

A law (PL 110-432) that requires railroads to install "positive train control" technology by 2015 was enacted after the 2008 accident, in which a commuter train controlled by an engineer talking on a cell phone plowed into a freight train, leaving 25 people dead and 130 injured.

But the railroads argue that the technology — which stops a train if an operator misses a safety signal — provides too little benefit at too great a cost. They also take issue with the Federal Railroad Administration’s implementation of the mandate.

A provision cutting off the grants was part of a House-passed spending bill for the balance of fiscal 2011 (HR 1) and survived in the spending package legislation cleared April 9 (PL 112-8).

The safety equipment was a priority of former House Transportation and Infrastructure Chairman James L. Oberstar, D-Minn. But with Oberstar defeated in last year’s elections and Republicans now in control of the House, the rail industry is getting more sympathy from lawmakers.

During a March 17 hearing that touched on the mandate, Pennsylvania Republican Bill Shuster, chairman of the House subcommittee with jurisdiction over railroads, said the railroad administration should "reduce . . . regulation that doesn’t have a cost-benefit that is stopping companies — railroads in this case — from spending money on things that would have an impact on safety."

Shuster and other Republicans also argued that the retrofit mandate could cost up to $10 billion for railroads, with little operational benefit. That money, they said, would be better invested in improving rail infrastructure.

Shuster has said he plans to address what he views as the shortcomings of the positive train control requirement as part of the rail title his subcommittee will contribute to the House’s surface transportation reauthorization bill.

Kathryn A. Wolfe writes for CQ.

BLET, UTU support FMLA improvements

New 8/9/10

The Family and Medical Leave Act currently does not address the unique working conditions of railroad operating employees. Through no fault of their own, rail workers may not always meet the minimum criteria of 1,250 hours worked per year set forth in the current FMLA regulations.

CLEVELAND, August 6 — The Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union are jointlysupporting a House bill to amend the Family and Medical Leave Act (FMLA) to clarify eligibility requirements for railroad workers.

H.R. 5944, was introduced July 29 by Representatives Tim Bishop (D-NY), Bob Filner (D-CA), Mark Critz (D-PA) and Steven LaTourette (R-OH). The bill is the result of joint efforts by the BLET and the UTU. It has been referred to the House Education and Labor Committee.
“BLET Vice President and National Legislative Representative John Tolman, the BLET State Legislative Board Chairmen, and their UTU counterparts all throughout the country worked very hard over the past year to get this legislation introduced,” BLET National President Dennis Pierce said. “The next step will be to get this legislation passed and enacted so that it can begin to help our Brothers and Sisters who need to take leave but might not otherwise qualify.”
The bill would clarify FMLA eligibility requirements with respect to railroad workers subject to hours-of-service limitations, accounting for periods when such employees must be available for work. In short, the proposed legislation would include this availability time when calculating railroad worker eligibility for FMLA benefits.
If enacted into law, the bill would allow employees to be eligible for FMLA if the employee has worked at least 60 percent of the applicable total guaranteed time for the previous 12-month period; and has worked or been paid for not less than 504 hours (not counting personal commute time or time spent on vacation leave or medical or sick leave) during the previous 12-month period.
BLET Vice President Tolman said the legislation would go a long way toward improving the quality of life for BLET members.
“While this problem does not impact a large number of BLET members, its impact on the members it does affect is so dire that it is vital that we get this legislation passed,” Vice President Tolman said. “The National Division and National Legislative Office used, anonymously, several extremely moving, poignant letters and other communications to show Congress how important this problem is to our members and their families. It is a tragedy when any of our members can’t take time off work to deal with a health problem or a family member’s health problem. There is nothing more important.”  

Under the proposed changes to the FMLA, the time that railroad operating crews are required to be available for work will be included in the total hours worked per year, thus making them more likely to meet the FMLA eligibility criteria.

New 5/10/10
NMB levels the playing field
CLEVELAND, May 10 ˜ BLET National President Paul Sorrow today praised the National Mediation Board (NMB) for changing how it conducts representation elections, saying the new procedure will provide greater fairness to unorganized workers.

According to rules released by the NMB today and slated to be published in the Federal Register later this week, a simple majority of voters will determine the outcome of elections; whereas in the past, workers who did not participate in the election were counted as "no" votes.

Railroad and airline management have opposed the rule change. And even though it could still face legal challenges, President Sorrow hailed the proposed change as a major step in the right direction and believes it will make it easier for non-union workers to join the House of Labor.

The proposed rule change received widespread support. According to published reports, the NMB received letters supporting the change from 39 Senators, 179 Democratic House Members and 13 Republican House Members.

The new rule would read as follows:

"In conducting such investigation, the Board is authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized representatives in such manner as shall insure the choice of representatives by the employees without interference, influence, or coercion exercised by the carrier. Except in unusual or extraordinary circumstances, in a secret ballot the Board shall determine the choice of representative based on the majority of valid ballots cast."


Now here is something that labor has always known but management hasn't figured out yet:
The setting for a fatal injury rate more than double the rate for all workers, railroads are hazardous workplaces, especially for brake, signal, and switch operators; rail vehicles pose hazards even to workers in non-railroad occupations.
Read the report from the Federal Government's Bureau of Labor Statistics

For those of you who turn on you rest, Beware!
Read about the New Drowsy Driver Law passed in New Jersey.

Keep up to date on Remote Control:
Its not just for freight railroads any more
Remotely Controlled Trains are coming to a freight yard near you and on the biggest railroads the best employees are not being used to run them! Remote Control Technology. What's in it for you?

New Jersey Transit's Policy for Management Personnel!

1. Never walk without a document in your hands People with documents in their hands look like hardworking employees heading for important meetings. People with nothing in their hands look like they're heading for the canteen. People with a newspaper in their hand look like they're heading for the toilet. Above all, make sure you carry loads of stuff home with you at night, thus generating the false impression that you work longer hours than you do.
2. Use computers to look busy Any time you use a computer, it looks like "work" to the casual observer. You can send and receive personal e-mail, chat and generally have a blast without doing anything remotely related to work. These aren't exactly the societal benefits that the proponents of the computer revolution would like to talk about but they're not bad either. When you get caught by your boss - and you *will* get caught -- your best defense is to claim you're teaching yourself to use new software, thus saving valuable training expenses.
3. Messy desk Top management can get away with a clean desk. For the rest of us, it looks like we're not working hard enough. Build huge piles of documents around your workspace. To the observer, last year's work looks the same as today's work; it's volume that counts. Pile them high and wide. If you know somebody is coming to your desk, bury the document you'll need halfway down in an existing stack and rummage for it when he/she arrives.
4. Voice Mail Never answer your phone if you have voice mail. People don't call you just because they want to give you something for nothing - they call because they want YOU to do work for THEM. That's no way to live. Screen all your calls through voice mail. If somebody leaves a voice mail message for you and it sounds like impending work, respond during lunch hour when you know they're not there - it looks like you're hardworking and conscientious even though you're being a devious weasel.
5. Looking Impatient and Annoyed Always try to look impatient and annoyed to give your bosses the impression that you are always busy.
6. Leave the office late Always leave the office late, especially when the boss is still around. You could read magazines and storybooks that you always wanted to read but have no time until late before leaving. Make sure you walk past the boss' room on your way out. Send important emails at unearthly hours (e.g. 9:35pm, 7:05am, etc.) and during public holidays.
7. Creative Sighing for Effect Sigh loudly when there are many people around, giving the impression that you are under extreme pressure.
8. Stacking Strategy It is not enough to pile lots of documents on the table. Put lots of books on the floor etc. (thick computer manuals are the best).
9. Build Vocabulary Read up on some computer magazines and pick out all the jargon and new products. Use the phrases freely when in conversation with bosses. Remember: They don't have to understand what you say, but you will sound impressive.
10. Have 2 Jackets If you work in a big open plan office, always leave a spare jacket draped over the back of your seat. This gives the impression that you are still on the premises. The second jacket should be worn while swanning around elsewhere.

 

Always remember: A meeting that generates minutes is still a meeting regardless of whether anything positive was accomplished and that, in itself, is justification enough!

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