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Critical Information
BLET National Division to inform its members that a certain portion of
your National Division dues are not tax deductible as a miscellaneous
itemized deduction on your personal tax returns.
According to the National Secretary-Treasurer's office, the portion of the
National Division dues that is not subject to deduction as an Itemized
Deduction on a Form 1040 tax return is 13.56 percent for 2011. In other
words, 86.44 percent of your BLET National Division dues are tax
deductible.
The 13.56 percent reflects expenses associated with political lobbying
efforts by the BLET, which are not tax deductible.
The non-chargeable expenses reported on the union's Dues Objector Report
provides the basis for dues not subject to deduction.
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This message was sent by the BLET NewsFlash Service.
Food for thought for any
who are on Facebook, My Space, Twitter, or even
bloggers. Even if one is not on any social networking
sites, information posted by spouses, family, or even
friends can be hazardous to one's employment or a
civil lawsuit if the "other side" discovers
information about you on those sites.
Loose lips sink ships....
FRIEND REQUEST, POKE AND LIKE
If you know the above terms, you
are included in the number of railroaders
using Facebook.
In Straight
Track - Tangled in the Net,
Hoey & Farina discussed how a
railroader’s use of this technology could
affect his employment with the railroad
and his Federal Employers’ Liability Act
("FELA") injury claim. In this article,
Hoey & Farina will offer more in-depth
information on how to protect your job and
your FELA claim while using Facebook.
SECURITY SETTINGS
By default, your Facebook account
is ‘Public’ and everyone (even
your employer) can view your wall, photos,
info, etc. Your setting should be set to
“Friends” and you should know your
Friends.
Also, playing games, entering
contests, etc., on Facebook automatically
authorizes apps to interact with your
Facebook account. You can and should
monitor these apps.
To change / monitor your security
settings, log into your Facebook account,
click on the down arrow located near the
upper right of your screen and select
Privacy Settings. Under Control Your
Default Privacy you can select “Friends”
and under Apps & Websites you can
click on the X to monitor / delete any
apps.
‘HE HAS NO FILTER’
Have you ever heard the
expression that somebody doesn’t have a
filter - he just says anything? You must
have a filter on Facebook. Friends can
share your postings with others. And other
people can share your posts with other
people.
And, your Facebook records,
which includes posts, personal messages
and chats with Friends, can and will be
subpoenaed in litigation matters
such as an FELA injury claim.
This is very important for
several reasons.
First, posting anything
derogatory concerning your employer,
supervisors, etc., or what the railroad
may call privileged / confidential
corporate information could result in
disciplinary action by your employer.
Railroaders have been terminated for such
postings on Facebook.
Second, posting anything while
you are at work could also result in
disciplinary action by the railroad as it
may be against FRA and railroad rules to
be on your cell phone at work.
Third, with regards to a personal
injury claim, if you are not able to work
because of specific job restrictions, but
post that you did something outside your
restrictions – you may have compromised
the value of your FELA claim.
For example, you are unable to
work because of an injury and your doctor
gives you a lifting restriction of 10
pounds. However, you post on Facebook a
status, “There should be a limit on how
many times the same friend can ask you to
help move in one year. Third floor…no
elevator…not enough beer to cover that
dept!” You can’t work because of your
restrictions, but help move a friend? This
is the kind of information the railroad’s
attorneys will share with a jury after
having subpoenaed your Facebook records.
How do you think a jury will respond to
this information?
KEEP UP WITH TECHNOLOGY AND STAY INFORMED
Hoey & Farina will continue
to provide updates on Facebook and other
technology related matters that affect
railroaders. Please share your questions,
comments or stories on these issues or
other FELA matters with Hoey & Farina
at 888-425-1212 or info@hoeyfairna.com.
On 11/1/2011 11:34 AM
Here is something I think we all need to digest. It has to
do with trains that are called unit/cycle trains. This one in
question happens to be a coal train. Please read through the
explanation from the FRA regarding what is necessary and what is
not regarding air slips and air tests. Then share the
information with your members.
I hope this helps.
Fraternally,
Tim
Timothy Smith, State
Chairman
Calif. HSR Project
Coordinator
CSLB/BLET/IBT Rail Conference
CSLB/BLET/IBT Rail Conference
UP
train CLBSE (long beach – Provo) is a unit/cycle
coal train. The Class I air brake test is conducted
at Long Beach. By regulation the train is allowed
to travel 3000 miles before it is due another Class
I. §232.205 Class I brake test-initial terminal
inspection reads in part:
(a)
Each train and each car in
the train shall receive a Class I brake test as
described in paragraph (c) of this section by a
qualified person, as defined in § 232.5, at the
following points:
(4) A location where a unit
or cycle train has traveled 3,000 miles since its
last Class I brake test.
The
mileage from Long Beach to Provo, Utah is
approximately 760 miles. Prior to departing Provo,
the train receives a Class IA air brake test, due to
the fact that the train would travel over 1000 miles
from Long Beach and back.
The
original air slip from the Long Beach is the only
air slip required to be retained. The Class IA air
test at Provo does not require a new air slip to be
generated. The air slip generated at Long Beach
must be completed and maintained pursuant to
§232.205 Class I brake test-initial terminal
inspection, which reads in part:
(e)
A
railroad shall notify the locomotive engineer that
the Class I brake test was satisfactorily
performed and provide the information required in
this paragraph to the locomotive engineer or place
the information in the cab of the controlling
locomotive following the test. The information
required by this paragraph may be provided to the
locomotive engineer by any means determined
appropriate by the railroad; however, a written or
electronic record of the information shall be
retained in the cab of the controlling locomotive
until the train reaches its destination. The
written or electronic record shall contain the date, time, number of
freight cars inspected, and identify the
qualified person(s) performing the test and
the location where the Class I brake test was
performed.
Note
that the regulation does not require a train ID,
Telemetry No., etc.