2 Dead, 1 Hurt In Train Crash Near Medford

Brothers,

It is with a heavy heart that I bring news to you that one of our Engineers BLET Div 523 member Richard Pendarvis and UTU Conductor Larry Williams were killed in a crossing accident when their train colided with a propane truck.  Brother Pendarvis was 52 years old and orignally hired on with Union Pacific in 1999.  Brother Williams was 53 and hired on with Union Pacific in 2002.
Please keep the Pendarvis and Williams famlies in your thoughts and prayers.
Below is a link to some news coverage of the incident.
Fraternally,
Gil Gore

. http://www.koco.com/news/17334888/detail.html

Limo Reporting Hotline Available Online

Brothers,

 

Thanks to Brother Scott Alexander’s assistance we now have a Limo Reporting Hotline where crews can enter information to correct limo issues.  The site is accessible from the claim webpage main page for each member.  If you as a local chairman need to file a report for a member, simply do a “Find a Member” search and select the AC / Limo Reporting link to file a record for that member.

 

It is imperative that everyone provide the requested detail information so that we can properly identify the who, what, when and where of the situation.  f our members will use this feature, it offers the opportunity to track limo delays along with excessive hours on duty by capturing that information into our online database. 

 

The site can be accessed by going to the New Claims Link on our website (www.bleupsrgca.com) or by going directly to the claims page at http://claims.upengineer.org/index.php and logging into the system to fill out the report.

 

I will put out a broad case message in the system to notify all members of the new feature when they log into the system and acknowledge the message.

If you are logging in to the WebClaims system for the first time, the default password is the last four digits of your EID #. It is highly recommended to change the password once you have successfully logged in to the system. You may do this by the "Edit Your Profile" link from the Main Menu.

Kudos to Brother Scott Alexander for his extra effort to set this system up so quickly.

 

Hoping you find this information useful, I remain.

Fraternally,

Gil Gore. 

 

DRUG TESTING FINAL RULE POSTPONED UNTIL NOVEMBER 1, 2008 - COMMENTS DUE BY SEPTEMBER 25, 2008

Brothers,

 

The attached was published in today’s Federal Register. In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) direct observation of follow up drug tests from August 25, 2008, to November 1, 2008.

 

To see an online version of this document Click HERE.

 

Fraternally,

Gil Gore

 

SUMMARY: In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) from August 25, 2008, to November 1, 2008. The Department is also requesting comments concerning the content of § 40.67(b) for 30 days. This section of the Department’s drug testing procedural rule requires employers to ensure that all follow-up and return-to-duty drug tests are directly observed.

DATES: The effective date of the revision of 49 CFR 40.67(b) published June 25, 2008 (73 FR 35970) is delayed from August 25, 2008, to November 1, 2008. Comments should be submitted by September 25, 2008.

See document for ways to deliver comments on this issue the DOT.

 

DOT delays mandatory direct observation regulation to November 1

http://www.ble.org/pr/news/newsflash.asp?id=4682

 

 

CLEVELAND, August 24 — The U.S. Department of Transportation is postponing

from August 25 to November 1 a new regulation that would subject employees

to mandatory direct observation during drug tests conducted when a

transportation worker returns to work after a positive drug test and

during follow-up drug tests.

 

The current DOT regulation, which will remain in effect for the time

being, requires direct observation of urine collection only after an

invalid test, and is discretionary during return-to-duty and follow-up

tests.

 

DOT has not delayed implementation of a related requirement that would

subject workers to a "strip search" in those situations when a direct

observation will be made. Section 40.67(i) states as follows:

 

"As the observer, you must request the employee to raise his or her shirt,

blouse, or dress/skirt, as appropriate, above the waist; and lower

clothing and underpants to show you, by turning around, that they do not

have a prosthetic device. After you have determined that the employee does

not have such a device, you may permit the employee to return clothing to

its proper position for observed urination."

 

It is expected that the postponement will be published in the August 25

Federal Register. Also, the DOT will open a 30-day public comment period,

during which time interested parties may comment on whether direct

observation should be mandatory in all return-to-duty and follow-up tests.

 

In mid-August, the BLET along with seven other rail unions and the BNSF

Railway, filed a lawsuit challenging both aspects of the new regulation on

the grounds that they violated the Fourth Amendment of the U.S.

Constitution, which protects citizens from unreasonable searches. The

joint petition for review was filed in the United States Court of Appeals

for the District of Columbia Circuit.

 

 

---

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Response to Second Class of Service Potision - Aggregate Rock Pools

From: Gore, Gil [mailto:gilgore1@gmail.com] Sent: Friday, August 22, 2008 5:54 PM To: All Local Chairmen Subject: Response to Second Class of Service Potision - Aggregate Rock Pools

Brothers,

Attached for your information is a copy of letters sent to the undersigned and UTU GC Johnson by the carrier taking an erroneous position regarding the payment of penalty claims for aggregate pools handling non-aggregate cars. Brother Johnson and I agreed to a joint letter opposing this position which is attached for your ready reference.

If you have any questions, please feel free to contact me.

Fraternally,

Gil Gore

To view the Joint Letter click HERE

To view the Carrier letter to BLET click HERE

To view the Carrier Letter to UTU click HERE

FRA Updates Quite Zones

Brothers,

FRA has updated their list of quite zones at the following link http://www.fra.dot.gov/downloads/safety/THRReport81408.pdf

Fraternally,

Gil Gore

FW: Petition for Waiver of compliance

Brothers,

 

Attached is a copy of the waivers from the AAR and ASLRRA filed jointly seeking a delay in the August 25, 2008 implementation date of amendments to Title 49 CFR § 40.67 which was issued by the Department of Transportation (DOT) on June 25, 2008 (73 FR 35961). Part 40 is incorporated by reference in § 219.701 of Title 49, CFR, Part 219, Control of Drug and Alcohol Use in Railroad Operations.  As you are aware by my previous message of 08-08-08, this provision involved “direct observation” of drug tests in certain conditions.  Please share this information with our members.  It is also posted to our e-mail blogg at http://bletsre-mail.blogspot.com/.  

Fraternally,

Gil Gore

Click HERE to view waiver from AAR and ASLRRA.

Click HERE to view Q&As from UP on direct observation testing.

Unions challenge DOT’s “strip search” regulation

CLEVELAND, August 14 — The Brotherhood of Locomotive Engineers and Trainmen, along with seven other rail unions and the BNSF Railway, has filed a lawsuit challenging a new Department of Transportation (DOT) regulation that would subject employees to a "strip search" during mandatory drug tests. The DOT regulation, which would become effective August 25, requires railroads to directly observe urine collection in all federally-mandated drug tests involving either a return-to-duty after a positive or invalid test, or a follow-up test conducted after a positive or invalid test. Prior to directly observing the specimen donation, the collector also would be required to subject the worker to a "strip search," because the new regulation states as follows: "As the observer, you must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. After you have determined that the employee does not have such a device, you may permit the employee to return clothing to its proper position for observed urination." The DOT’s "strip search" regulation is being challenged, in part, on the basis that the mandatory strip searches and observations violate the prohibition against unreasonable searches contained in the Fourth Amendment to the United States Constitution. In addition, review is being sought to determine whether DOT complied with the rule making process of the Administrative Procedures Act. BLET National President Ed Rodzwicz blasted the new regulation. "Forcing a railroad worker to submit to an embarrassing and humiliating strip search and observed collection without reasonable suspicion is an outrage," he said. Other unions participating in the lawsuit include: the Brotherhood of Maintenance of Way Employes Division; American Train Dispatchers Association; Brotherhood of Railroad Signalmen; Transportation Communications International Union; International Brotherhood of Electrical Workers; National Conference of Firemen and Oilers; and United Transportation Union. In a statement, the BNSF Railway Executive Vice President Carl Ice said: "There is absolutely no tolerance for alcohol or drug use in our workplace. But we also believe that our employees are entitled to be treated with dignity and respect at the workplace, and this new regulation is an intrusion on employees." President Rodzwicz said that if this regulation had been in effect since FRA began keeping these statistics, almost 21,000 unnecessary strip searches and direct observations would have been required, "needlessly humiliating over 99.97 percent of all those required to submit to return-to-duty or follow-up testing." President Rodzwicz also said there is no reason to justify the DOT’s overly harsh and humiliating regulation. "There is no documentation whatsoever of adulteration or substitution of a return-to-duty test in the railroad industry, and not one of the nearly 11,000 return-to-duty and follow-up tests conducted in 2006 and 2007 were invalidated because of adulteration or substitution," President Rodzwicz said. The joint petition for review was filed on August 13 in the United States Court of Appeals for the District of Columbia Circuit. The Court of Appeals is expected to issue a schedule for conducting its review shortly.

RRB final rule

From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Wednesday, August 13, 2008 9:45 AM
To: ALL LOCAL CHAIRMEN BLET SR GCA

Subject: FW: RRB final rule

Brothers,

Attached and below is reference to the final rule regarding payments from the RR Retirement System pursuant to Court Decree or Court-Approved Property Settlement.  The law has been changed to continue Tier II benefits to former spouses even after the death of an employee effective August 17, 2007.  If the employee passed away prior to that date, then this provision would not be applicable per my understanding of the change.

I would suggest that we get this information to all members who have the misfortune to have recently gone through or are going through a divorce with instructions that they provide the same to their legal representation in the matter.

To view the document in PDF click HERE

Fraternally,

Gil Gore

From: Policy, Kathleen [mailto:policy@ble-t.org]
Sent: Wednesday, August 13, 2008 8:54 AM
To: _General Chairmen US GCA; _Legislative Chairmen US GCA
Cc: Tolman, John; Pontolillo, Tom
Subject: RRB final rule

Attached is the Railroad Retirement Board’s final rule regarding Payments Pursuant to Court Decree or Court-Approved Property Settlement, published in today’s Federal Register.

Kathleen Policy

Legislative, Political & Regulatory Coordinator

Brotherhood of Locomotive Engineers and Trainmen

Teamsters Rail Conference

25 Louisiana Ave. NW

Washington, D.C. 20001

Office: (202) 624-8766

Cell: (202) 552-9328

Fax: (202) 624-3086

policy@ble-t.org

www.bletdc.org

 

FW: Rooms for 2008 SWCM

Brothers,

 

For your info, please see Brother Grimes’ message below about the SWMA coming up in St. Louis MO.

 

Gil

 

From: D Grimes [mailto:dgrimes@boycomonline.com]
Sent: Wednesday, August 13, 2008 3:11 PM
To: Gil Gore; Jim Dayton; Bill Hannah; Bruce McArthur; Michael Young
Subject: Rooms for 2008 SWCM

 

Brothers:  Please forward the following message to your members;

 

Thanks,

 

Dave Grimes

 

Brothers:

 

As we have sold out our block at the Hilton for the 2008 SWCM in St. Louis we have secured a block of rooms at The Millennium Hotel.  This hotel is very nice and is only a block and a half from the Hilton and within easy walking distance.   We have a contract rate of $135.00 per night.  You can contact the hotel by phone at 1-866-866-8086 or 314-241-9500 and ask for the Brotherhood of Locomotive Engineers rate.  You can also make your reservations by following the link below.

 

http://reservations.synxis.com/LBE/rez.aspx?Hotel=11544&Chain=5303&lang=1&group=BLE&arrive=9/14/2008&depart=9/18/2008

 

Above is the link to access the reservation booking engine for our group. If you would like to get more information on the hotel, you can go through the website at www.millenniumhotels.com/stlouis.

 

Dave Grimes

573-776-8333

 

 

FW: RJ Santorelli, LR-1487514-D / su 16

-----Original Message-----
From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Wednesday, August 13, 2008 10:13 AM
To: All Locla Chairmen

Subject: FW: RJ Santorelli, LR-1487514-D / su 16

 

Brothers,

 

For your information, above is a discipline case that was apparently settled on Brother Hannah's Committee on property without arbitration.  The Carrier agreed to the reinstatement with pay but have now reneged on that commitment trying to offset lost earnings against monies that were made or should have been made during the suspension period.  It is also my understanding that a similar case is ongoing in Las Vegas off of Brother Dayton's GCA as well.

 

It is my suggestion that any settlements of outstanding discipline be run by this Office prior to signing any return to work documents.  We will work with legal counsel on developing some iron clad language to avoid this in

the future.

 

Click Here to view document HERE

 

Fraternally,

Gil Gore

 

 

BLET - CONFIDENTIAL COMMUNICATION

This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged.  The content of this message is for informational purposes only; provided to the membership of the BLET and should not be construed as any official position on the application of any contract language discussed in this communication and should not be used or referenced by anyone in future proceedings.  Any use of this information by anyone other than intended recipients is prohibited.

 

-----Original Message-----

From: Bill Hannah [mailto:dwh@bletupwl.org]

Sent: Tuesday, August 12, 2008 1:02 PM

To: 'Bruce MacArthur'; 'Chairlie Reightnowar'; 'Gil Gore'; 'Mike Young'; 'Tim Donnigan'

Cc: 'Lee Pruitt'

Subject: FW: RJ Santorelli, LR-1487514-D / su 16

 

Well - not that we didn't know the fight was coming, but this is the first

one I seen so far on the UP.

 

Bill

 

-----Original Message-----

From: BENATESCH@UP.COM [mailto:BENATESCH@UP.COM]

Sent: Tuesday, August 12, 2008 10:52 AM

To: Kristeen Clough; Bill Hannah

Subject: RJ Santorelli, LR-1487514-D / su 16

 

 

Deduction of outside wages request.

 

(See attached file: Santorelli,RJ_Outside

Earnings_LR-1487514-D_Hannah,DW.doc).

This message and any attachments contain information from Union Pacific

which may be confidential and/or privileged.

If you are not the intended recipient, be aware that any disclosure,

copying, distribution or use of the contents of this message is strictly

prohibited by law. If you receive this message in error, please contact the

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