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

sender immediately and delete the message and any attachments.

Flexible Spending Account enrollment begins in October

CLEVELAND, July 17 — Registration for the money-saving Flexible Spending Account (FSA) begins in just over two months, and members are encouraged to take advantage of this valuable new health and welfare benefit.
The benefit has been in place on the Burlington Northern-Santa Fe property for some time, so BLET National Vice President Dennis Pierce is familiar with the FSA program.
“With three children at home, two wearing glasses and two wearing braces, I dedicate money to my FSA every year and have never left any money in the account,” Pierce said.
The benefit is new to BLET members working under the National agreement.
“What many members should know is that the Flexible Spending Account allows engineers to use pretax dollars to pay for covered medical expenses and covered childcare expenses that they would otherwise pay for with after tax dollars,” Vice President Pierce said. “The end result is that all money dedicated to the FSA is treated like any other income tax deduction or 401k contribution; it lowers the engineer’s taxable income at the end of the year. For every dollar put in the FSA, most engineers will save at least 25 to 30 percent of those dollars in tax liability that can then be spent on covered expenses.
“Covered medical expenses include prescription co-pays, Doctor visit co-pays and deductibles, costs for braces, glasses and contact lenses not covered by insurance, as well as many every day ‘over the counter medications’ like Tylenol and Maalox,” Pierce said.
BLET National President Ed Rodzwicz stressed the importance of membership participation in the Flexible Spending Account during his welcoming address at the Eastern Union Meeting Association convention on July 7.
“It uses pre-tax dollars and members will realize significant savings,” President Rodzwicz said. “It works for you and it saves you money. Please take advantage of this plan — it’s a great benefit for our members.”
However, the benefit will be lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to sign up once open enrollment begins.
Open enrollment begins each year in October for the following year and a form is available to calculate each member’s predicted medical expenses for that year.
Members will be able to choose to participate in one of two programs:
• The first program, Health Flexible Spending Arrangement (Health FSA), allows members to use tax-free dollars to pay for health care benefits such as the following: doctor co-pays; drug co-pays; dental co-pays or other dental expenses not covered in our dental plan; vision co-pays or additional eye care not covered under the national plan; and over-the-counter medications (cold medicine, decongestant medicine, aspirin, Tylenol or their generic equivalent, etc…). The 2008 program offers savings of $120 to $3,600 per year, but the savings are subject to change in the upcoming benefit year.
• The second program, Dependent Care Assistance Program (DCAP), allows members to use pre-tax dollars for certain dependent care expenses, such as out-of-pocket dependent care expenses for childcare or care for physically or mentally handicapped dependants. The 2008 program offers savings of $120 to $5,000 per year, but the savings are subject to change in the upcoming benefit year.
More details will be provided when open enrollment begins. BLET members are encouraged to monitor the BLET website and newsletter for details regarding this money-saving plan.

Thursday, July 17, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4664

© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

FW: [BLET SR GCA E-mail Blogg] Modified Peer Trainer Agreement - New Rate Effecti...

New Peer Trainer Rate in effect on BLET UP Southern Region GCA Effective June 1, 2008 $250.00 per day for classroom training.
Effective July 1, 2008 the classroom rate goes to $282.73 per day
All other aspects of the agreement remain in tact as far as rates of pay and days of compensation.  The 115% or classroom rate for field peer trainers remains intact.
Click HERE to view the agreement in PDF

Benefit rate increase for railroad unemployment and sickness benefits

(The U.S. Railroad Retirement Board issued the following on June 2.)

CHICAGO — The maximum daily benefit rate payable for claims under the Railroad Unemployment Insurance Act increases to $61 from $59 in the new benefit year, which begins July 1, 2008. Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods, so maximum benefits for biweekly claims will total $610.

During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period. Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will, therefore, normally not be required to serve another waiting period because of the onset of the new benefit year.

To qualify for normal railroad unemployment or sickness benefits in the benefit year beginning July 1, 2008, an employee must have had railroad earnings of at least $3,075 in calendar year 2007, not counting more than $1,230 for any month. Those who were first employed in the rail industry in 2007 must also have at least five months of creditable railroad service in 2007.

Under certain conditions, employees with 10 or more years of service who do not qualify in the new benefit year on the basis of their 2007 earnings may still be able to receive benefits after June 30, 2008. Ten-year employees who received normal benefits in the benefit year ending June 30, 2008, might still be eligible for extended benefits, and ten-year employees may be eligible for accelerated benefits if they have rail earnings of at least $3,200 in 2008, not counting earnings of more than $1,280 a month.

Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board (RRB) office, or the agency’s Web site at www.rrb.gov. Also, as an alternative to applying for unemployment benefits through the mail, unemployment claimants can instead file applications online. Likewise, subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail and employees can also access information about their individual railroad unemployment insurance account statements online. These account statements provide a summary of the unemployment and sickness benefits paid under the Railroad Unemployment Insurance Act to rail employees.

To access these online services, employees must first establish an RRB Internet Services account. For security purposes, first time users must apply for a Password Request Code, which they will receive by mail in about 10 business days. To do this, employees should click on “Benefit Online Services” and select “request a PRC.” Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet. Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services. Employees who have already established online accounts do not need to do so again. Although claimants cannot currently file applications or biweekly claims for railroad sickness benefits over the Internet, the RRB is planning to add the online filing of sickness claims in the future.

Claimants with questions about unemployment or sickness benefits should contact the nearest RRB office. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

Claimants can find the address and phone number of the RRB office serving their area, and also get information about their claims and benefit payments, by calling the toll-free RRB Help Line at 1-800-808-0772. The RRB Help Line is an automated telephone service available 24 hours a day, 7 days a week. Field office locations can also be found by visiting www.rrb.gov.

Wednesday, June 04, 2008
bentley@ble.org

http://www.ble.org/pr/news/headline.asp?id=22402

© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

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

Reroute Miles Livonia - Houston

Brothers,

 

I just got off the phone with Gary Taggart regarding the reroute miles on the long pool B372 RE47 running between Livonia – Lafayette – Alexandria and Houston via the BNSF due to the bridge being out.  Carrier has agreed to pay the additional 50 miles for the long pool because the total miles exceeds the mileage built into the trip rate.  This would only be payable when you work from Lavonia – Lafayette – Alexandria back to Houston.  If a crew deadheads the additional miles will not be payable. 

 

Those payments should begin effective today.  Any crews that made trips over this territory prior to June 27, 2007 should fax a list of those trips and trains worked to our office so we can present a list to Labor Relations for payment.  Fax 504-371-4756.

 

Please distribute this to all of our membership so they can be properly compensated for this service.

 

If you have any questions, please give me a call.

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.

 

Effective Date of New Rates BLET 2007 National Agreement

From: CLIFFJOHNSON@UP.COM [mailto:CLIFFJOHNSON@UP.COM]
Sent: Thursday, June 28, 2007 9:09 AM
To: Gil Gore
Cc: 'BDMac'; 'Mike Young'; 'D. W. Hannah'; 'C. R. Rightnowar'; larrybumpurs@utugo577.com; PGKENNY@up.com; Tim Donnigan; tjutu27@hotmail.com; TAZABAWA@up.com; ROROSCO@up.com; TERRYOLIN@UP.COM
Subject: Re: Rates on new BLET National Agreement

Gil,
In TCS, the new rates (other than trip rates) will go into effect immediately for all jobs called 7/1/07 or later.  We are making the final updates today and tomorrow so they can be viewed via the RJ R function anytime after Saturday.  The TCS trip rates have been computed but we cannot put them into the TCS system until after we close out the last half of June.  Once we close June (on July 5th), we will immediately start putting in the new trip rates with this process being completed by Saturday the 7th.  Employees will start being paid the new trip rates as soon as we load them, some as early as the 6th.  Because TCS is a very old, outdated system, the loading process is manual, cumbersome and time consuming.  Once we get the new trip rates loaded in TCS, we will run a repay program to go back to reprocess all trip rated timeslips from 7/1/07 to the date the final load was completed.   This is the process we run for each increase.  
For those territories that are fortunate enough to be cutover to CMTS, the new rates, including trip rates, will go into effect immediately on 7/1/07. The regular, non-trip rates, have already been entered and we are completing the trip rates today.  All will be available for viewing starting tomorrow.
The report of trip rates and offsets that we maintain on the timekeeping web page which is available to all employees, should be on-line by the end of next week.  
With regard to the back pay, this is a very complex and time consuming process and we want to make sure we get it right.  It is our goal to make the payments by the 60 day time line referenced in the agreement , if at all possible.  That would put us near the end of August.  We have meetings scheduled with Labor Relations at various stages along the way to keep them updated on our progress.  If there is some unforeseen delay, it will be communicated to you by their office.
Thanks,
Cliff Johnson
Sr. Director - Timekeeping Operations
1400 Douglas Street - STOP PNG07
Omaha, NE 68179-0710

Phone: 402-591-2003  Fax: 402-591-2122
Email: cliffjohnson@up.com
Gil Gore" <thegores1@cox.net>

06/28/2007 08:10 AM
Cliff,
Can you shed some light on when UP expects to have the new rates in effect established under the 2007 BLET National Agreement?  It is my understanding that the effective date of the agreement is July 1, 2007.  Is the UP computer system going to begin paying those rates effective July 1, 2007 or at a later date?
Additionally, does the timekeeping dept have any projected information or timeline regarding the payment date and method of payment regarding the back time contained in the agreement?
Thanking you in advance for your effort to gather this information, I remain.
Sincerely,
Gil Gore

 

BALLOT ON TENTATIVE NATIONAL CONTRACT IN THE MAIL AND AVAILABLE ONLINE AT BLE-T WEBSITE

Tentative national contract in the mail, available online

CLEVELAND, May 17 — A complete copy of the BLET national contract, a synopsis of the agreement, and a back pay estimator are now available on the BLET website. Per the BLET bylaws, a synopsis of the agreement and a ballot were mailed to all active BLET members today. The ballots are due by June 15, and results will be announced shortly thereafter. The tentative agreement includes general wage increases totaling 17 percent (18.2 percent compounded over the life of the agreement), which will remain effective until December 31, 2009. For BNSF members, the BNSF tentative agreement will be enclosed with the National proposal. Those members will have two ballots — a blue ballot for the National and a green ballot for the BNSF vote. Both ballots can be returned in the same postage paid envelope. The tentative agreement provides members with retroactive pay. To help the members calculate what their back pay might be based on past earnings, the National Division has posted a “pay estimator” on its website. It should be noted, however, that not all compensation is subject to general wage increases, therefore, the dollar amounts that are generated from the back pay estimator may be different from actual back pay amounts. The BLET reached the agreement through the auspices of the Rail Labor Bargaining Coalition (RLBC), which represents seven rail labor unions whose contracts cover nearly 85,000 rail workers (or 65 percent of the carriers’ employees). In addition to the BLET, the unions participating in the RLBC are the American Train Dispatchers Association, Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen, International Brotherhood of Boilermakers, National Conference of Firemen and Oilers/SEIU, and the Sheet Metal Workers’ International Association. Members who do not receive a National ballot may call the office of National Secretary-Treasurer Bill Walpert at (216) 241-2630, ext. 227, or e-mail: ballotrequest@ble-t.org. Those who do not receive a BNSF ballot can also call NST Walpert’s office, but should e-mail: ballotrequest-bnsf@ble-t.org. Copies of the BNSF agreement are available on the BNSF-MRL General Committee’s website: http://www.blet-bnsfmrl.org. To download the National agreement and synopsis, or to use the back pay estimator, please visit the BLET website at: http://www.ble-t.org/2007contract

2007 Tentative National Contract

Per the BLET bylaws, a synopsis of the agreement and a ballot were mailed to all active BLET members on May 17. The ballots are due by June 15, and results will be announced shortly thereafter. The tentative agreement includes general wage increases totaling 17 percent (18.2 percent compounded over the life of the agreement), which will remain effective until December 31, 2009. For BNSF members, the BNSF tentative agreement will be enclosed with the National proposal. Those members will have two ballots — a blue ballot for the National and a green ballot for the BNSF vote. Both ballots can be returned in the same postage paid envelope. The tentative agreement provides members with retroactive pay. To help the members calculate what their back pay might be based on past earnings, the National Division has posted a “pay estimator” on its website. It should be noted, however, that not all compensation is subject to general wage increases, therefore, the dollar amounts that are generated from the back pay estimator may be different from actual back pay amounts. The BLET reached the agreement through the auspices of the Rail Labor Bargaining Coalition (RLBC), which represents seven rail labor unions whose contracts cover nearly 85,000 rail workers (or 65 percent of the carriers’ employees). In addition to the BLET, the unions participating in the RLBC are the American Train Dispatchers Association, Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen, International Brotherhood of Boilermakers, National Conference of Firemen and Oilers/SEIU, and the Sheet Metal Workers’ International Association. Members who do not receive a National ballot may call the office of National Secretary-Treasurer Bill Walpert at (216) 241-2630, ext. 227, or e-mail: ballotrequest@ble-t.org. Those who do not receive a BNSF ballot can also call NST Walpert's office, but should e-mail: ballotrequest-bnsf@ble-t.org. Copies of the BNSF agreement are available on the BNSF-MRL General Committee’s website: http://www.blet-bnsfmrl.org. NATIONAL CONTRACT SYNOPSIS OF AGREEMENT BACK PAY ESTIMATOR (Pops up in new window) 2007 National Contract News Thursday, May 17, 2007 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4474 © 1997-2007 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org