I apologize for the length of this statement but this is my twist to the tentative agreement coming down the pike; I’ll begin with this statement that I read from a member the other day.  “I hope everyone will join me and resign from the BLET”…….where is this thought coming from?  It is coming from a good Union member who is frustrated with what has gone on up to this point (myself included).  This brother is not alone in his frustrations; however I think there is a better way to get to a higher level and better working conditions in the future. There are some things that need to be understood first, philosophies changed, and sacrifices to be made.  Please believe me when I say that this is arguably the biggest turning point in the history of the Locomotive Engineers’ craft and surpasses the Halloween Agreement in 1985 by a gazillion miles.

Our anger should not be directed towards our Union, but rather towards the Union(s) who have brought us here and then blamed the BLE&T for all of the world’s problems.  Let us not forget the history from 1969 when the UTU was formed by a consolidation of many Unions.  The Switchmen, Firemen, Conductors, and Brakemen, all joined hands that year to do battle with the Carriers.  All of these had their own hierarchy, as did the BLE&T.

Because of the infighting and fractured fights against the Carriers, it sounded like a rational idea to form and collect their strength as one.  The UTU leaders convinced the merged union's membership that they could “lead them to the promise land and in future years, become the sole representing body for all of the operating crafts in North America.  This has been the UTU’s plan from the get go. They further asserted that “if just one union doesn’t agree to a tentative agreement, then it is a no go for all of the UTU!”  Well, look at them now.  Look at what they have done not only to themselves, but the other operating crafts, by always wanting to be “the first one on base”. The “first one to score a run” for all crafts.  The self proclaimed “saviors” of all of the operating crafts.  Here are some examples:

1.)                They were the first to sign an agreement to allow Road crews to pick up and/or set out in Yards.  That cut off a Switchman.         

2.)                They were the first to sign the crossing of craft lines from road to yard or visa versa and that subsequently allowed another road/yard move which cut off another Switchmen

3.)                They then were the first to implement system seniority which devastated local hire outs in the mid ‘70’s.

4.)                Once again they were the first when the 1985 HALLOWEEN AGREEMENT came...The disappearance of the Fireman and the original two tier pay system was part of this UTU agreement before it became part of the Presidential Emergency Board recommendation that was shoved up our Caboose.

5.)                Speaking of the Caboose, (vs.) F.R.E.D., the Carriers got rid of the Caboose and moved the two Brakemen and the Conductor to the head end.

6.)                Then the Carriers went after the second Brakeman.  For a price, this was the initial start up of the PRO-FUND that got even better for those who could survive the cut of the last remaining Brakeman.  

7.)                For us in the S.P. Western Lines, 1996 came along giving those Conductors who, to this point, had survived the cutting of jobs for more money, a lifetime TPA.  Who else got it?  Oh yeah, those who hired out AFTER 1996 got it, by giving those ‘new hires’ another tier of pay.  By this time, the UTU had been instrumental in sacrificing its youngest members for the old, and setting in motion certain agreements and new philosophies, that cut jobs and eventually created FOUR tiers of pay.  Those are the PRE-’85, POST ’85, POST ’96 and POST October 2, 2004 new hires.

8.)                The most blatant in recent history as it relates to the Engineers, is when they sacrificed the Yard Locomotive Engineer and any third Switchmen that were left, for RCL.  Once again the UTU had to be first and as a result, even the Switchmen, who were the first to get screwed twice by the UTU, now started eating their young. This is really something to be proud of!

Now comes 2011.  Less pay and a restructured Health Care System.   All of the above has now resulted in a tentative agreement for us Locomotive Engineers to vote on, because the UTU would not stand with all other Rail Labor, and fight.  They just had to be the “first” to sign again!  Only this time, they ruined not only their member’s chances at substantial gains in pay and Health Care, they effectively tied the hands of all remaining rail union’s leadership in our negotiations. The UTU’s motto for years has been “this is the best we can get,” and has never rang more true today, except in a much different way.  The UTU was incapable of bargaining alone and the Carrier’s knew this. The U Took Us is a sinking ship and they know it and so they took advantage of all of Rail Labor and took one last shot.  The shot heard around all of North America.  Their foolish leaders took a swipe at all Unions this time and their lockstep members, who have blindly believed them for years.  Hence, this so called “pattern settlement” that the Carriers argued before the P.E.B 243 and which the rest of rail labor argued against.

If anyone thinks that leaving our Union over something so important as this vote, I want you to reconsider. I think that the better idea would be to stay solid and join the ranks that want to fight and shed themselves of a narrow minded and untruthful union forever.  That’s right, the UTU. 

The very definition of Solidarity reads like this; “Unity (as of a group or class) that produces or is based on community of interests, objectives, and standards.”  We owe it to ourselves to be solid and overwhelmingly vote yes on the H&W package for many reasons. You should have already read the e-mails from our Local Committee of Adjustment and from the General Chairman.  The resulting disaster that looms if this is turned down will not be sustainable for any of us.

Although not as good as we could hope, we must pass this agreement to fight off the vultures in Congress and even our President who we helped get elected. This also must be the last time that we ever have to deal with the UTU ever again.  It is time to realize that we are now, and will still remain, the highest paid member of the crew and for good reason.  We must all come to the realization that Ground Service is “entry level” to our craft of Locomotive Engineer.  I am not demeaning the T & Y employees but this has come to be fact in the railroad industry over the last twenty years. The UTU has made sure of this, with their insatiable desire to be first. 

The only way to survive this “round” of bargaining is to have the UTU be the FIRST TO FOLD, and join our ranks in the BLE&T!  We couldn’t survive the Decertification of our Union.  We would never survive the dismantling of the Railway Labor Act. We would never be able to provide for our families in the event of a catastrophic incident if we lose our rights under F.E.L.A. The Carriers are hoping this vote gets turned down so Congress can attach these devastating amendments to the PEB recommendations and make it Public Law. Thank you UTU, for putting all of rail labor in this mess.  Just like you did in 1985. You know, the “best deal” the UTU got for their members this “round”, wasn’t even what they were told they were going to get!  In effect, the UTU RAIDED their own membership first, by running them out.  Let’s not give up this chance we have waited for all of these years. This is a golden opportunity and instead of letting Congress dismantle our wages, rules, and Health and Welfare, let’s join together and finally DISMANTLE the UTU!!!

The BLET has the best representation, and leaders.  It is the highest skilled Railroad craft in the world, and will be the last to get off the train!  Remember also, that our on property negotiations are still on going and are said to be, much better than the UTU agreement.  Yeah, maybe not by much, but it is better.  

I am not alone in these sentiments.  This is happening all across America.  So let’s pass this agreement and we will then become first in getting rid of that nagging and discriminating Union who call themselves the UTU.

On the nation's railroads, we are hardly "at play in the fields of the Lord."  Ours is a man-made world of ballast and steel and diesel smoke.  But, as Marx said: "Man makes his own history, but not always in the way he chooses."  The lost forests which have fallen to make the ties on which we ran for 150 years have been lost forever.  Our union efforts to improve our workplace in the railroad industry make me think of one of the most poetic and startling epigrams, from Max Weber, the great German scholar-philosopher-sociologist (1864-1920).  He lamented the brutality of the Industrial Age.  Like Dickens, he saw the grinding poverty of the working class and feared that the humanity of workers was in danger of being annihilated (he was not a Marxist, but his clear-eyed documentation and meticulous analysis proved everything Marx said without the revolutionary hype or the false hope of a worker's paradise).  His discourses on religion are still worth reading.  He applauded the efforts of working people to reach for better wages and working conditions through labor organizations.  But, his estimation of the awful power of capitalism made him skeptical, fearful that "improvement" would not go very deep or last very long.  We can see that he was right about capitalism--it is creative and destructive--families, relationships, communities wither with the whims of the wealthy.  He feared that all our efforts to make industrial capitalism more fair and less dangerous--and make it worker-friendly (he would not have used that phrase)--were constantly undermined by the restless, ruthless, relentless forces of profit-seeking.  He said we may be only "gilding the iron cage."  We may improve upon the cage, air-condition it, make it less noisy and more comfortable, but it is still an iron cage.  We feel this most acutely in the cab of a locomotive.  Yet, Weber was not talking about just the machinery of industrialism.  He was talking about the society which supports this form of exchange, as well. Franklin Delano Roosevelt and his administration helped enact The New Deal by empowering working people to form unions and bargain collectively. The New Deal is under attack but those laws are still on the books.  We must protect our collective bargaining rights.  The Labor Movement can be proud to be seen trying to improve working conditions and make work safer. We will not shrink from our duty. "Human beings, by changing the inner attitudes of their minds, can change the outer aspects of their lives." [William James]

[All comments and criticisms are welcome.]

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 7^th (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