FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Wednesday, June 18, 2008 3:07 PM
To: All Local Chairmen BLET UP Southern Region

Subject: FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Brothers,

For your information I have attached some information received from our VP Lee Pruitt on benefits for active military personnel.  Click HERE to view this information in PDF.

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

Fraternally,

Gil Gore 

From: Lee Pruitt
Sent: Wednesday, June 18, 2008 2:55 PM
Subject: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Dear Sirs and Brothers:

                The attached file is an overview of the “Heroes Earnings Assistance and Relief Act (HEART) of 2008. I am sure that most of you are asked questions concerning pay and benefits for our members while performing their military commitments and on a military leave of absence. Some employers may in fact provide more than HEART requires however this law was enacted in June 2008 and is provided to all of you for your information and files. Please feel free to disseminate this information as you see fit.

Fraternally,

E. L. Pruitt

BLE-T

Vice President

12265 Home Port Drive

Maureapas, LA 70449

This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged.  This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any file attachments is strictly prohibited. If you have received this email in error, please immediately notify us by reply email to the sender. Please delete this email and its attachments from your system and do not retain any copies.

 

 

Notification of Symbol & Route Change Extended Haul

From: Terry Briggs [mailto:terry@tslb.org]
Sent: Thursday, May 29, 2008 4:42 PM
To: 'Gore, Gil'
Cc: 'KW Kemper'; 'J D Bullard '; 'GL Perrien'
Subject: RE: Notification of Symbol & Route Change Extended Haul Auto Train AOAHO 5/14/08

Brothers,

Here are the answers to your questions. I verified this information with FRA today and attached a file containing the extended haul regulations.

Q 1. Can an extended haul train once designated have is designation changed in route... IE if they want they train to do more than one pick up or set out in route, can they simply remove the extended haul designation?

A 1. Under 49CFR 232.213 an extended haul train must be designated in writing to FRA. If a train is to be removed from the list, that too must be done in writing. There is no provision for temporarily removing the extended haul designation for convenience sake. Of course we know that there will be a manager that will insist that the designation is removed, but when that happens then that location would become the initial terminal for the new train and it must immediately receive a class one initial terminal mechanical and air brake inspection. If the manger understands this requirement, I don’t believe they will want to remove the designation.

Please report any change to an extended haul designation to this office so we can forward the same to the FRA.

Q 2. How can a crew verify or tell if an extended haul train has done work in route?  We have crews that are instructed to make a pick up or set out in route on extended haul trains but they have no way to verify if they are out of compliance with the extended haul waiver.

A 2. When cars are picked up or set out enroute, by UP rule, the crew is supposed to document the event and notify the next crew what work was done. However, if the paperwork is lost for example, then the next crew would have no knowledge of previous set-outs or pick-ups. Under this scenario the crew could not be held liable for a willful violation of the regulations. Only a willful violation of a FRA regulation would subject an individual to a civil penalty. Even then, civil penalties are extremely rare.

I should note that 232.213(a)(5)(i) states that before any cars are added to the extended haul train they first must be inspected by a qualified mechanical inspector. This is a car man, not the conductor. See the attached definition of a qualified mechanical inspector.

I would also suggest that all pick-ups and set-outs on extended haul trains be reported to this office. Maybe we can identify a pattern of abuse by the carrier which could result in the waiver being revoked.

I also emailed Steve Beckwith, UP manager, for his input on question two. I forward his answer if he responds.

Q 3. Is setting out and picking up power in route considered a work event by FRA on an extended haul train?  Many times crews are instructed to pick up power to shuttle it to other locations and they are told that is not considered a pick up or set out under the extended haul waiver.

A 3. 232.213(a)(5) States that, except for the set-out of defective equipment, the train shall have no more than one pick-up and one set-out en route. This section does not separate locomotives and cars. They are both considered equipment (rolling stock). Therefore, FRA does consider a pick up or set out of a locomotive to be a work event. Again, report these occurrences and we will forward the information to the FRA.

I hope I have answered your questions satisfactorily. If you have any further questions, please let me know.

Fraternally,

Terry Briggs, State Legislative Chairman

Brotherhood of Locomotive Engineers and Trainmen - IBT

7083 Baker Blvd.

Richland Hills, TX 76118

817-285-7668

chairman@tslb.org

-----Original Message-----
From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Thursday, May 29, 2008 10:50 AM
To: 'terry@tslb.org'
Cc: 'KW Kemper'; 'J D Bullard '; 'GL Perrien'
Subject: FW: Notification of Symbol & Route Change Extended Haul Auto Train AOAHO 5/14/08

Brother Terry,

I am visiting Pecos at the hotel doing an inspection.  It is going well but while here, I encountered some questions from Brother Kemper and Bullard regarding the handling of extended haul trains.  If you could help with the following questions I would appreciate it.

1.   Can an extended haul train once designated have is designation changed in route... IE if they want they train to do more than one pick up or set out in route, can they simply remove the extended haul designation?

2.   How can a crew verify or tell if an extended haul train has done work in route?  We have crews that are instructed to make a pick up or set out in route on extended haul trains but they have no way to verify if they are out of compliance with the extended haul waiver.

3.   Is setting out and picking up power in route considered a work event by FRA on an extended haul train?  Many times crews are instructed to pick up power to shuttle it to other locations and they are told that is not considered a pick up or set out under the extended haul waiver.

Thanking you in advance for your efforts on behalf of our Brotherhood, I remain.

Fraternally,

Gil Gore

 

DOT Warning On Use of Anti-Smoking Drug Chantix

From: Gore, Gil [mailto:gilgore@bletsr.org] Sent: Friday, June 06, 2008 12:14 PM To: All Local Chairmen BLET UP Southern Region

Subject: FW: Chantix

Brothers,

Please review the link below for information from the ND regarding the use of the anti-smoking drug Chantix. Please distribute this information to all members on your electronic e-mail list.

Please Click HERE to view and PDF copy of the Memorandum.

Thanking you in advance for your cooperation, I remain.

Fraternally,

Gil Gore

From: Pontolillo, Tom [mailto:pontolillo@ble-t.org] Sent: Friday, June 06, 2008 11:59 AM To: _NDOfficers; _General Chairmen US GCA; _Legislative Chairmen US GCA; _ExecStaff Cc: Policy, Kathleen; Bentley, John; Magrath, Erin Subject: Chantix

Brothers,

A short while ago we received the attached copy of a Memorandum from the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance to the Drug and Alcohol Program Manager of the Federal Railroad Administration’s Office of Safety. The Memorandum concerns the anti-smoking drug Chantix, and states, in pertinent part, as follows:

The U.S. Department of Transportation reminds all transportation industries of the potential threat to public safety caused by the use of the anti-smoking drug Chantix. A recent independent study spoke of possible links to seizures, dizziness, heart irregularity, loss of consciousness, vision problems, diabetes, and more than 100 accidents. As a result, we strongly urge all transportation industry employers to include in their employee training materials appropriate information to address this issue. We also encourage employers to reiterate with their employees the need to report use of such medications when required by applicable DOT regulations or by company policies.

The Federal Aviation Administration has banned the use of Chantix by pilots and air traffic controllers, and the Federal Motor Carrier Safety Administration has urged medical examiners not to certify a commercial driver who uses this drug.

It would be greatly appreciated if General Chairmen and State Legislative Board Chairmen would distribute electronically this to Local Division officers under their jurisdiction if they have the capacity to do so.

Fraternally,

Thomas A. Pontolillo

Assistant to the President and Director of Research

Brotherhood of Locomotive Engineers and Trainmen