610 Auburn Ravine Rd. Suite C Auburn Ca. 95603
Office 530-823-7510 Fax 530-823-7215
SAFETY HOTLINE
800-864-6993
CALIFORNIA STATE LEGISLATIVE BOARD
BROTHERHOOD OF LOCOMOTIVE ENGINEERS & TRAINMEN
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
TIMOTHY L. SMITH, CHAIRMAN
610 Auburn Ravine Rd., Suite C, Auburn, CA 95603 (530) 823-7510; FAX (530) 823-7215; Tsmith@sbcglobal.net
Do these issues mean anything right now? Severe
highway congestion getting worse each year. Aviation in continuous
decline with increased cancellations, delays and bankruptcies. Permanently
rising fuel costs for transportation. Jobless claims through the roof
and no money coming into the state’s tax coffers from the unemployed or
the businesses where they would spend their earnings if they had good
jobs. Honestly, do these things mean anything to you right now? Please
don’t fall for the scare tactics of State Senator (Doug) LaMalfa in
which he purchased a full-page ad to persuade everyone to sign on to
another initiative to destroy the dream and the promises of the first
high-speed rail system in the nation. High-speed rail provides
congestion relief, mobility, time savings, convenience, creates millions
of jobs nationwide, a catalyst to real estate market renewal, tourism
renewal, transportation safety and reliability, energy savings (which
lessens our dependence on foreign oil), is sustainable with renewable
sources of energy, lowers our carbon footprint and is profitable. State,
federal and private funding will make this a reality. There are private
firms standing in line and expressed great interest in getting
involved, but they won’t budge until the state and federal government
make the initial investment move for the beginning stages of
construction. The “train to nowhere” slogan LaMalfa uses is a red
herring! The very best place to start building this project is in the
Central Valley where the train can easily obtain a top speed of 220 mph,
and the costs of construction would be a lot less because of the rural
area it would traverse. Compare this fact to starting the building
process in Los Angeles. Eminent domain issues would slow the process
down, and the costs would be the highest of anywhere else on the
proposed route. Additionally, the current Amtrak route would be
blended into this finished section of high-speed rail until such time as
the entire route is finished, thusly resolving the train to nowhere
notion. HSR will put many people back to work and will exponentially increase our state’s and nation’s tax base. Let’s not be penny wise and pound foolish. We need high-speed rail and the sooner the better! If not now ... when? Tim Smith
Chairman's
Editorial Comment:
Dear Brothers and Sisters,
During the national negotiations over our health and welfare coverage, it seems apparent that the carriers were feeling pretty sure of themselves. They stated during these negotiations that they could easily afford to pay for the increase in costs of health and welfare. They said they just didn't want to!
Imagine that!
We fall under the rules of the Railway Labor Act, as you all may know. We are not allowed to strike whenever we feel compelled to. If we did strike without going through the process prescribed by the Act, it could be construed as a “wild cat” strike, which could cost each of us our homes and our future livelihoods as Congress could attach the costs of such a strike to all participants. It has happened in the past.
So, in good faith, we ask for assistance and proceed through the mediation process outlined in the Railway Labor Act. An impasse was reached and we sought self help! The President assigned a Presidential Emergency Board to assess the differences between what the unions wanted and what the carriers wanted, as represented by the Association of American Railroads. They were to come up with their version of a settlement to be agreed upon by the carriers and labor during the following 30 day cooling off period of which we are currently in...I thought!
While negotiating with the carriers during the current cooling off period, they didn't seem to budge. If so, not by much! I wonder why they were so confident in their position?
My feeling is that they knew they were in the “drivers seat” in the House of Representatives, with a bought and paid for leadership. Bring in Boehner, Cantor, Mica and others; the odds were 100% for the carriers getting all they wanted, and 0% for labor that they would win any meaningful concessions. Why, you may ask?
Two days ago the House leadership suspended the rules of the House in order to create a bill which would not require committee hearings and would fast track, once passed, to the Senate for their say in the matter. With the GOP and Tea Party in charge of the House as the majority, passage of this bill would be simple. This bill would thereby force us to not be able to provide “self help” by way of a strike, upon completion of the 30 day cooling off period on December 7th (E.S.T.). It would force us to accept whatever they deemed fair regarding our dispute...either pertaining to the PEB 243 recommendations or without regard to them at all. The House could do whatever they wanted.
Note: So you know, the carriers take all of the credit through the introduction of technology, such as remote control and distributive power, amongst other things, as being the sole source of their great productivity over the years. They say it had nothing to do with the efforts of the work force at all! Doesn't that chap your hide! That's funny, I thought we were running those trains all these years...silly me!
If the House bill passed, the Senate would have to vote on the bill as well. On a side note, Senator Reid felt that a Senate bill extending the cooling off period another 60 days would help the situation and fix the carriers claim that a strike during the Christmas season would severely impact the nation's economy. My feelings on this...the carriers would complain even in February that a strike during the Valentines' Day season would severely impact the nation's economy. Nothing would change, and the House leadership would still be in the carrier's back pocket.
Now, the Senate could just vote on the passed House bill knowing that the House bill would probably force labor to accept the no strike clause and accept the PEB 243 recommendations. Remember, the President created this PEB. If the Democrats in the Senate voted against the House bill as mentioned above and allowed the strike to take place, they become a divided body, non-supportive of their parties President and his PEB. Politically, not a good thing for them.
You ask the question, would the President then sign the bill once passed by the House and Senate? Based on his PEB's recommendations, and with the pundits saying that the national economy is at stake...he would probably sign it, in my humble opinion.
The thing that galls me the most is that the House leadership gave the railroad carriers a slam dunk on their stance against labor. This is what I call gunboat negotiations! In other words, take what the carriers give you and like it...or else! I thought we were in a 30 day cooling off period based on the Railway Labor Act process? Does that mean that we also must negotiate in good faith during this time with the carriers and Congress?
Again, this is my opinion, but I feel strongly that the House leadership interfered with the intent of the Railway Labor Act by discussing, threatening and actually doing what they did in the last few days. The cooling off period wasn't over yet. Now, I am steamed about something else....I need another cooling off period as it would apply to the House leaderships actions! They went to the media and interfered with our negotiations. How fair is that? Again, Corporate America has compromised our Government by buying the votes of many in Congress! The House leadership has compromised the Railway Labor Act provisions by eagerly doing their master's bidding. Throw 'em out!
The carriers can't lose and railroad labor is again forced to take the few crumbs from the dinner table that the elitist railroad CEO's will give us. So what do you think of that? The “Robber Barons” are still alive and well!
Fraternally and sadly,
Tim Smith, State Chairman
CSLB/BLET/IBT Rail Conference
AMTRAK * BNSF * CAL-TRAIN * COASTER * METROLINK * PACIFIC HARBOR LINES * UNION PACIFIC
“SAFETY, OUR COMMITMENT”
California State Legislative Board
Brotherhood of Locomotive Engineers and Trainmen
International Brotherhood of Teamsters
Timothy L. Smith, Chairman
610 Auburn Ravine Rd., Suite C, Auburn, CA 95603 (530) 823-7510; (530) 823-7215 FAX Tsmith@sbcglobal.net
TALKING POINTS-NOVEMBER 2011
NOTE: Items in red are either new; for clarification; or are ongoing!
IF YOU WANT ME TO ATTEND A FUTURE DIVISION MEETING, PLEASE LET ME KNOW AS SOON AS POSSIBLE SO THAT I MAY PUT IT ON THE CALENDAR!
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The Sheet Metal Worker's Union prevailed in the lawsuit against the UTU. The UTU will shortly be enjoined into the Sheet Metal Worker's Union. We may see some changes in membership...
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This office along with the California Labor Federation has created a Communication Committee to aid labor and the California High Speed Rail Authority in progressing this project forward.The project is leaps and bounds ahead of any other corridor in the USA and will produce thousands of good paying jobs including operational jobs. There are many opponents of the High Speed Rail Project in California. A new Business Plan was filed with cost projections which address the project building process into 2033. With the cost of living adjustments and the economy in California and the nation, the projected total with these things in mind would be $98 billion. They still feel that it would be profitable, even with a very conservative ridership total. 450,000 jobs...most of which would be permanent, would be created, and the cities and counties in the Central Valley would greatly benefit from the upswing in jobs and economic vitality.
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The CSLB Motivational Video, was fully funded by the North American Railway Foundation ($19,000). We have distributed over 150 videos nationwide! The video has been shown at three conventions this last season, and the requests have come from not only the National office, but General Chairmen, other State Chairmen, and many division representatives. Congratulations to each of you for your patience and well wishes for this project to pay off. I hope it makes a difference.
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Whistleblower protection, which was codified into law (the Rail Safety Improvement Act of 2008), has been given over to OSHA for regulatory oversight. This office has been trained in its use, and I can assure you that this is a new “tool in our belt”. In short, the railroad management cannot retaliate against employees whenever we turn the carrier in to OSHA or FRA for:
a. Violating the HIPPA laws which protect our privacy when at a medical facility, or for not providing for our immediate medical needs when we get injured on duty or for interfering with our care. The carriers will do just about anything to prevent a reportable injury...including coercion with the medical staff, etc...
b. Retaliating against us for turning in Safety issues.
c. Retaliating against us for turning in hazardous materials issues.
This Whistleblower protection will provide for us whenever we are retaliated against by the carrier, the right to sue for back pay as well as punitive damages...which is a first! There have been many judgements against the carrier...punitive damages, which was never collected before are now being collected. I have seen a judgement for $150,000 in punitive damages in addition to the FELA claim and attorneys fees. Please use this tool we now have. ONGOING
5. Cell phones and electronic devices....no tolerance...an employee was caught in the act of making statements on his Facebook page while on a moving train....he is facing the music now, but it isn't a tune any of us would like. Discipline from carrier and FRA along with large fine!
TURN THEM OFF...PUT THEM AWAY WHILE ON DUTY! ONGOING
6. Please call HOTLINE 1-800-864-6993 or email CSLB office Tsmith@sbcglobal.net and advise of the use of Remote Control Operations going outside of the yards and terminal areas. The National is compiling this information in order to show a trend of railroads pushing the envelope and taking this flawed technology out on the main line. ONGOING! NASLBC is now involved and will also comply.
7. Please call HOTLINE 1-800-864-6993 or email CSLB office Tsmith@sbcglobal.net and advise of any “long trains” the carrier may be creating. Anything around 10,000 ft or longer would probably be a starting point. The National is also compiling this information. We have noticed that the carrier is pushing it again, and probably hoping we won't notice. The list is slowly growing. This office has established a spread sheet for a data base in order to log these trains into a usable archive for any future action we may end up taking against long trains. ONGOING! NASLBC is now involved and will also comply.
8. There is an initiative created through the State Legislative Boards to address the maximum temperature in the locomotive cab. Currently, there are only regulations which affect the minimum temperature. This is ongoing, and this office will advise of its progress. ONGOING
9. If there are any hours of service violations, please call HOTLINE 1-800-864-6993 or email CSLB office Tsmith@sbcglobal.net and advise of the issue with the facts. CSLB will write up issue to FRA for resolution and advise. Please be sure you are doing a proper tie up...otherwise, we have to forget about the FRA violation since they would be forced to give the complainant a violation as well. ONGOING
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We are currently working on enhancing our Capitol to Capitol magazine as well as our CSLB website. The need we have is to make them as professional looking as we are able with our limited resources. If any of you would like to receive these magazine issues and for some reason are not getting them, please advise. I will place you on the mailing list. Call 1-800- 864- 6993. If no answer, leave your name, division # and your mailing address. You may also email me at: Tsmith@sbcglobal.net. I will take care of the rest! ONGOING!
11. The UPRR is running trains with uncovered hazardous waste (Asbestos Brown). These trains must be run consistent with regulations governing the safe movement of these materails. If any of you see your carrier running hazardous materials waste in similar manner, please advise this office. 800-864-6993 Resolved!!!!
12. The UPRR keeps piling on the requirements for operating crews to enter more and more information on a running tally on the job briefing books. Enough is never enough! We are
never busy enough to comply with more and more requirements and demands by this carrier and their constant add ons to what we are already overloaded with. The Superintendent of
UPRR Northern California feels that their tact of constant changes is perfectly OK. Please
advise this office of any changes that make your job more dangerous due to carrier changes.
ONGOING
13. This office was charged with writing to the CEO's of both BNSF and UPRR regarding the need for better identification on vehicles moving within the yards and terminals of our railroads throughout California. Additionally, I inquired as to obtaining ID's which should
be visible on the visors of each contract van used to haul our members. UPRR is looking
into both proposals. BNSF only sent a critique letter from the CEO Executive Secretary letting me know that the CEO goes by a different title and address than the one I used. There's some sincerity for you. ONGOING!
14. The NASLBC (National Association of State Legislative Board Chairmen) was granted funding to create and provide to each member across the United States a BLET National Support Information card. BRCF Insurance is the entity which bankrolls the NARF funding efforts. I thank NARF and BRCF for their great assistance in helping the BLET with things like this card and our Motivational Video! You each should have enough for your entire division now! Cards were sent to each Division L/R.
15. There is currently an initiative underway for California voters to sign on to what is called a “Paycheck Protection” proposal. If they receive enough signatures (you'll see these Tea Partier's out in front of grocery stores, etc...) this initiative will be put before the voters to be decided...again! DO NOT SIGN THE PAYCHECK PROTECTION INITIATIVE!!! Tell your family and friends to follow your lead by NOT signing this harmful initiative.
If successful, your political representation both in the California Legislature and Congress will be wiped out! This initiative forces the BLET to get yearly signatures from each and every PAC fund contributor. With 2,000 members to contact in this state and one L/R in each Division (20) plus myself (21)...our PAC fund would be impossible to maintain. This is another move by big business to silence your voices by eliminating our ability to help fund the campaigns of the candidates who represent and stand for our quality of life. This is another tentacle of the whole “war on unions” that Big Business via the Koch Brothers (ex. Wisconsin and Ohio Public Union destruction) is waging. ONGOING!
THIS IS CRITICAL TO OUR FUTURES! GET THE WORD OUT...PLEASE!
16. The U.S. Government Accountability Office (GAO) distributed an assessment of the fatigue issue as it pertains to aspects of the RSIA of 2008 law that was passed. Within this paper, the GAO made its recommendations as follows: “FRA should, among other things, assess the fatigue risk of work performed during the night hours and develop data from pilot projects and waivers to help assess fatigue issues. The Department of Transportation raised concerns about findings related to the oversight process and provided additional clarifying information. Based in part on this additional information, GAO withdrew part of a recommendation. GAO also made other clarifications in the report.” I will keep you apprised as this effort moves forward and becomes more clear.
17. Keep a close watch on the 99% movements which are taking place nationwide. You will learn a lot about the critical and primary problems this country and its economic vitality face. You will also see the complaints about big business and the upper 2% of the population that has benefitted greatly over the last 11 years.
CHECK OUT OUR NEW WEBSITE AT: WWW.CALSLB.NET
BE SAFE OUT THERE, AND SHARE THE INFORMATION!
YOU ARE THE UNION!