New ADO List Posted
From Rob Newhouse
February ADOs for TCT Posted
Posted in News on 01.25.2012 8:36pm
January 28, 2012 UTU 911 Holiday Party
From Shawn Monahan
THE UTU 911 WILL BE HAVIN' THEIR ANNUAL CHRISTMAS PARTY THIS JANUARY 28TH (SATURDAY) AT THE KRAUS HARTIG VFW IN SPRING LAKE PARK. HAPPY HR. WILL START AT 5:00 & DINNER WILL BE PROMPTLY SERVED AT 7:00. ALL UTU MEMBERS AND A GUEST ARE INVITED. WE'LL BE HANDIN' OUT DRINK TICKETS AT 5:00. THE CATERER, DARYL LEDIN, PUTS OUT A FANTASTIC MEAL W/ LOTS OF DELECTABLE CHOICES. I CHALLENGE ANYONE, EVEN W/ DIET RESTRICTIONS, TO NOT BE TOTALY SATISFIED! THERE WILL BE SOME GREAT PRIZES HANDED OUT, SOME BRIEF, BUT SINCERE & HEARTFELT PRESENTATIONS, AND SOME VERY SPECIAL GUESTS OF HONOR.
DON FANNING IS 101 YRS. OLD & HE WILL BE THERE ALONG W/ SOME OTHER SPECIAL GUESTS AS WELL.
THIS THING IS TOTALY FREE
If your not 21 that's ok.
Just come if not for anything but the free food and drinks.
Link to directions in the upper right hand corner.
Posted in News on 01.21.2012 9:12pm
The 5 W's of submitting claims
From Rob Newhouse
Time Claims (5 Important W's)
As previously stated, probably the most essential element in the handling of a
grievance is getting the facts.
In the handling of time claims, the claim should contain the specific facts
involved in the grievance as well as reference to the specific rule which allegedly
has been violated. Such facts include what actually happened, the date of the occurrence,
the yard or run involved, the engine number, train number, etc.
Remember the Five W's:
Who is involved in the claim or grievance? Name(s) of person(s)
involved-anyone who can furnish information concerning the claim or grievance.
(Don't forget the supervisor or management representative who might
have caused the claim or grievance.)
When did the claim or grievance occur? On what day and at what time did
the act or omission take place which created theelaim. or grievance?
Where did this occur? Exact location-mile-post number, yard, industrial
track, terminal, etc. .
Why is this a claim or grievance? What has been violated? Agreements?
Supplement? Local agreements? Past practice? Law? Rulings or awards? In
order to have a legitimate claim or grievance, there must be a violation of
something. This ''Vi" directs your attention to that specific something which
has been violated.
What are the demands? What adjustments are necessary to completely correct
the injustice and to place the aggrieved member in some position he or
she would have been in had the grievance not occurred?
Posted in News on 12.07.2011 2:28pm
Entry Rates for New Hires (New Agreement)
From Rob Newhouse
Entry rates (monthly) for new hire train service employees will be paid in the following manner.
Year 1 – Training Rate (120 days) $765.88-wk, 8 Months -$4346.96-mo. (85%)
Year 2 - $4602.66-mo. (90%)
Year 3 - $4602.66-mo. (90%)
Year 4 - $4858.39-mo. (95%)
Year 5 - $5114.07-mo. (100%)
If a train service employee has no FRA reportable injuries and no formal discipline violations in service years two (2) and three (3), the employees will be compensated at 100% of the applicable rate of pay upon reaching the third anniversary date computed from the first day of training. See below.
Year 1 – Training Rate (120 days) $765.88-wk, 8 Months -$4346.96-mo. (85%)
Year 2 - $4602.66-mo. (90%)
Year 3 - $4602.66-mo. (90%)
Year 4 - $5114.07-mo. (100%)
A Train service employee who had reached his third anniversary date prior to the effective date of this Agreement, but not his fourth, and who had no FRA reportable injuries and no formal discipline in service years two (2) and three (3) will be compensated at 100% of the applicable rate effective on the date of this Agreement.
Posted in News on 10.05.2011 8:20pm
Contract Ratified
From Rob Newhouse
Ok it passed. Here's the email I got from General Chairman Nelson.
Following is how each UTU craft voted in ratifying the national agreement with most major railroads. The votes were certified by BallotPoint.
Craft
For
Against
Conductors
59%
41%
Yardmen
67%
33%
Brakemen
63%
37%
Engineers
53%
47%
Firemen/Hostlers
59%
41%
Yardmasters
68%
32%
Total:
60%
40%
Posted in News on 09.04.2011 8:54am
Synopsis Posted on Member Forum
From Rob Newhouse
Yet another reason to join the member forum... I have posted the contract synopsis in there as an attachment so you can download it yourself if you want.
The forum is going to provide a quick and easy way to share documents so make sure that you join and tell your co-workers to join as well.
Posted in News on 08.03.2011 1:54pm
Ratification of Proposed National Agreement
From Rob Newhouse
July 29, 2011
All Members Under Nation Handling
Re: Ratification of Proposed National Agreement
Although we anticipated sending the proposed National Agreement out for ratification sooner, delays were incurred in reaching a final agreement on the Questions and Answers. As a result, and in order to ensure adequate time is made available to have the documents finalized and printed, the proposed agreement will be mailed out for ratification on Friday, August 12, 2011 and the balloting period will remain open until 4:00pm Eastern Time on Friday, September 2, 2011 at which time they shall be counted.
As in the past, only valid ballots cast will be counted.
Fraternally yours,
M.B. Futhey Jr.
International President
Posted in News on 08.03.2011 12:18pm
Contract Meeting with International Schedule released
From Rob Newhouse
MINNESOTA
> UTU NATIONAL CONTRACT MEETINGS!
>
> Minneapolis/St. Paul: Wednesday, July 27th, 2011 10:AM
> St. Paul Trades and Labor Building
> (UTU Minneosta Office-Main Room)
> 411 Main Street, St. Paul, MN 55102
> Across from Exel Centre, Parking
> at rear of building.
>
> Willmar: Wednesday, July 27th, 2011 7:PM
> Willmar Holiday Inn, State Hwy
> 12
>
> Duluth/Superior: Thursday, July 28th, 2011, 1:PM
> Proctor Blackwoods Banquet Center
> State Highway 2 and Boundary Ave.
>
> YOUR UTU NATIONAL CONTRACT PRESENTATION COMMITTEE
> IN ATTENDENCE: UTU NLD JAMES STEM, UTU I-VP JOHN BABLER, UTU
> V-GC-NS/B&O JEREMY FERGUSON.
>
> FOOD AND REFRESHMENTS WILL BE PROVIDED. PLEASE POST ON
> UTU BULLETIN BOARDS AND FORWARD TO UTU LOCAL EMAIL LISTS.
>
> YOUR TENTATIVE CONTRACT WILL BE A PRESENTEDAND OPEN Q&A SESSION WILL
> FOLLOW. (WATCH FOR POSSIBLE UPDATE ON WILLMAR LOCATION). ATTEND AND BE
> INFORMED ON YOUR NATIONAL CONTACT!
>
> UTU MEMBERS: BNSF, CN, CP, DME, UP, RRVW, MDW, PROGRESSIVE RAIL:
> PLEASE ATTEND THIS MEETING!
>
>
Posted in News on 07.20.2011 1:20pm
Check out our new Member Forum
From Rob Newhouse
Click on Member Forum on the right hand side of the page and sign up.
I'm still working the kinks out but let's give it a shot.
Update: Please when choosing a user name use your actual name. If I don't get an actual name so that I can verify that you are a member of UTU911 I will not allow you access to the forum.
**************************************************************
UTU Local 911 reserves the right to ban any user from this board. By applying for access to the forum you agree to the following terms.
All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of UTU Local 911 (unless UTU Local 911 is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this UTU Local 911 web site does not mean that UTU Local 911 has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message to standish83@gmail.com. This forum is not monitored 24/7."
**************************************************************
Posted in News on 05.04.2011 6:52pm
UTU, rails in tentative new 5-year agreement
From Rob Newhouse
A tentative new five-year national rail agreement covering wages, benefits and working conditions has been reached between the UTU and the National Carriers' Conference Committee (NCCC).
The tentative agreement is retroactive to Jan. 1, 2010, and extends through Dec. 31, 2014.
The tentative agreement, which amends the existing national agreement, must be ratified by each affected UTU craft under the craft-autonomy provisions of the UTU Constitution. The existing national agreement remains in force under provisions of the Railway Labor Act.
Details of the tentative agreement are being withheld pending its presentation to a yet-to-be-scheduled meeting of the Association of UTU General Chairpersons. General chairpersons will then have 15 days to submit written questions. The questions and answers will be provided to all members prior to the ratification vote.
Railroads represented by the NCCC include BNSF, CSX, Kansas City Southern, Norfolk Southern, Union Pacific and many smaller railroads. Some 38,000 UTU members are affected by the tentative new agreement.
This is the first agreement reached this round of national bargaining with the NCCC. It was reached, voluntarily, without need for mediation. However, two members of the National Mediation Board -- Elizabeth Dougherty and Linda Puchala -- served as facilitators during the two most recent rounds of talks between the UTU and the NCCC leading to this tentative agreement.
UTU International President Mike Futhey thanked his negotiating team for "their hard work and long hours. I am confident our general chairpersons will react positively when the details of this agreement are presented to them."
In addition to UTU lead negotiator Futhey, the negotiating team includes Assistant President Arty Martin; National Legislative Director James Stem; UTU International Vice Presidents Robert Kerley and Delbert Strunk; and General Chairpersons John Lesniewski (CSX, GO 049), Pate King (NS, GO 680) and Doyle Turner (CSX, GO 347).
Futhey also praised retired UTU General Secretary & Treasurer Dan Johnson for his emphasizing, early in the process and through a series of opinion articles published on the UTU website, the value of interest-based bargaining whereby both sides strive to understand the needs of the other.
"Interest-based bargaining worked well for the UTU in reaching a ratified national agreement in 2008, and interest-based bargaining was instrumental again this round in guiding both sides to a voluntary tentative agreement," Futhey said.
Other labor organizations -- bargaining as part of two separate coalitions -- remain in negotiations with the NMB, and mediation has been invoked in those separate talks.
One coalition includes the Transportation Communications Union, the American Train Dispatchers Association, the International Association of Machinists, the International Brotherhood of Electrical Workers, and the Transport Workers Union.
A second coalition still negotiating with the NCCC includes the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Maintenance of Way Employes, the Brotherhood of Railroad Signalmen, the Brotherhood of Boilermakers and Blacksmiths, the National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association.
Posted in News on 05.04.2011 3:38pm
New Document Outlining Use of Electronic Devices
From Rob Newhouse
Copy and paste this link into your browser to see the document.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1UB9UK-vC8qb_RpXgM5wzktLh6OZYcK_3TC3ALCZgroLnN5V-XcD2Xz3T28eT&hl=en&authkey=CIqJmDc
Posted in News on 03.22.2011 12:03pm
Claiming Footboard Yardmaster Rate
From Rob Newhouse
In order to claim the Footboard Yardmaster Rate for an assignment worked,
you must change the job type from 08 to 06 when processing your tie-up.
ONLY change the job type when you are due the higher rate.
Under the terms of the St. Paul 24 Hour GEL Agreement, you are entitled
to the Footboard Yardmaster Rate when called off the 24 Hour GEL for Hours
of Service Relief, yard transfers or between-yard shuttle services when
these services are performed outside of existing start time brackets
(Paragraph 12 of the 24 Hour GEL Agreement).
Posted in News on 02.02.2011 10:40am
Holiday party
From Rob Newhouse
Hey all don't forget about our Christmas/Holiday party this Saturday. It's at kraus hartig vfw. The link is on the right side of the page. It starts with happy hour at 5. Dinner will be at 7. There will be door prizes and gift certificates.
Spouses are encouraged to come as well.
See you there!!
Posted in News on 01.26.2011 3:22pm
Attention all incoming and current officers
From Rob Newhouse
I need all of your telephone #'s, fax #'s, email addresses, and home addresses (if desired) for the website.
Please have them at the next meeting.
Posted in News on 01.02.2011 1:12pm
Questions for FRA on Hours of Service Law
From Rob Newhouse
Correspondence by letter with FRA...
May 6,2010
WASHINGTON OFFICE
NATIONAL LEGISLATIVE DEPARTMENT
304 PENNSYLVANIA AVENUE, S.E.
WASHINGTON, D.C. 20003-1147
(202) 543-7714
FAX: (202) 543-0015
E-MAIL: UTUNLD@aol.com
Ms. Jo Strang
Associate Administrator Of Safety
Federal Railroad Administration
1200 New Jersey Ave. SE
Washington, DC 20590
Dear Ms. Strang,
Please consider this a formal request for an interpretation of an hours of
service Issue.
1. Does a crew need to be rested to deadhead back to his home terminal?
2. Can a crew member have his rest interrupted to be given a call to deadhead back to his home terminal? The issue of course is whether or not interrupting his rest would be a violation.
We appreciate your efforts in improving the safety of the rail industry and look forward to your reply.
Sincerely yours,
James A. Stem Jr.
National Legislative Director
cc: Steve Green General Chairman, BNSF
Marc H. McKeon, FRA
Robert Lauby, FRA
U.S. Department
of Transportation
Federal Railroad
Administration
AUG 11 2010
Mr. James A. Stem, Jr.
National Legislative Representative
United Transportation Union
304 Pennsylvania Avenue SE
Washington, DC 20003
Dear Mr. Stem:
1200 New Jersey Avenue, SE
Washington, DC 20590
Thank you for your May 6, 2010, letter to the Federal Railroad Administration (FRA) in
which you requested interpretation and application of the Federal hours of service laws
(HSL) in answer to two questions posed in that letter.
Question 1: "Does a crew need to be rested to deadhead back to his home terminal?"
Based on the wording of both this question and your other question, I assume that you are
inquiring about deadheading that follows a period in which the members of the crew
involved initiated an on-duty period, Le., covered service. In addition, I assume that the
crew members are train employees, subject to 49 U.S.C. 21103 as amended by the Rail Safety Improvement Act of2008 effective July 16,2009 ("new Section 21103"), because they are not engaged in intercity or commuter rail passenger transportation and, therefore, they are not subject to the previous version of49 U.S.C. 21103 ("old Section 21103").
See 49 U.S.C. 21102(c). The answer to Question 1 requires consideration of new Section 21103's minimum rest requirements and its limitations on (1) time on duty in covered and commingled service, (2) time in or awaiting deadhead transportation from a duty assignment to the place of final release (commonly called "limbo time" because it is classified as neither time on duty nor time off duty), and (3) time in any other mandatory service for the railroad.
The short answer to Question 1 is, no, in most cases a crew member does not need to be
rested to deadhead back to the crew member's home terminal; that is, ordinarily, a crew member does not have to be rested in order to deadhead back to his or her home terminal if the home terminal is his or her place of final release. The exception would be if the time that a crew member spent deadheading back to the home terminal would result in the crew member's accruing more than the 30-hour monthly maximum for limbo time under new Section 21103(c) or the 276-hour monthly maximum for time on duty; time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release; or in any other mandatory service for the carrier under new Section 211 03(a)(l). In those exceptional cases, although the statute requires rest, in effect, until the end of the month to avoid violation of the monthly limitations, FRA would probably exercise
prosecutorial discretion, as stated in the agency's interim interpretations of the HSL, because
FRA believes the intent of the statute seems to favor providing extended periods of rest at the crew member's home terminal as opposed to the crew member's away-from-home terminal. 74 FR 30665, 30675 (June 26,2009)
As you know, new Section 21103(a) prohibits railroads from allowing or requiring a train employee to take any of a series off our specified actions. For example, new Section 21103(a)(3) prohibits a railroad from requiring or allowing a train employee to begin a new duty tour and report for covered or commingled service unless the employee has had a minimum off-duty period of 10 consecutive hours. However, time spent in deadhead transportation, in and of itself, is not time on duty, and the treatment of this time under both old and new Section 21103(b) is always determined by the events following the deadhead. In
particular, both old Section 21103(b)(4) and new Section 21103(b)(4) provide (1) that deadheading to duty is time on duty and (2) that deadheading from duty to the place of final
release is neither time on duty nor time off duty (colloquially, "limbo time"). In most cases, deadheading to duty is preceded by a statutory off-duty period because the employing railroad is sending the employee to a location to perform covered or commingled service.
Therefore, being rested prior to the deadhead-to-duty will maximize the employee's availability at the outlying location. Conversely, deadheading from duty to the place of final release is an activity that is usually followed by a statutory off-duty period. As noted above, deadheading from duty (i.e., from covered or commingled service) to the place of final release is treated as limbo time and, as such, does not require that the employee receive a minimum statutory off-duty period prior to beginning the deadhead. Therefore, an employee
does not have to be rested to return to his or her home terminal for the purpose of obtaining a statutory off-duty period following the deadhead.
Deadheading from duty to an interim release at a designated terminal is treated in the same
manner as above, i.e., the employee does not have to be rested to make this deadhead, and the time spent in the deadhead, like the time spent in the interim release, is not counted as time on duty. However, following the interim release, any time spent in covered or commingled service would be added to the time prior to the interim release, and the total must not exceed the maximum limitation for the duty tour of 12 hours in a 24-hour period.
Of final note, the above analysis holds true even if the deadhead to the home terminal in
question follows a period of 6 consecutive days in which the employee has initiated an on duty period, and the duty tour initiated on the sixth day ends at the away-from-home
terminal. See 49 U.S.C. 21103(a)(4). FRA addressed this circumstance in its interim statement of agency policy and interpretation, noting that in this situation, "deadheading
from a duty assignment to a place of final release, or deadheading unconnected to the
previous duty tour would remain neither time on duty nor time off duty...." 74 FR 30673.
Question 2: "Can a crew member have his rest interrupted to be given a call to deadhead
back to his home terminal? The issue of course is whether or not interrupting his rest would
be a violation."
The short answer to this question is, yes, the crew member's rest may be interrupted, and the interruption of the rest would not be a violation of the HSL. The scope of the prohibition in new Section 21103(e) against communication with train employees is fairly narrow. The
prohibition only applies to interruptions of the minimum of 10 hours of uninterrupted rest
under new Section 21103(a)(1), the interim rest under Section 21 103(b)(7), or the
supplemental rest under Section 21103(c)(4) that the employee must receive before
"remain[ing] or go[ing] on duty" as a train employee. As FRA understands this case, the
employee is being deadheaded to a point of final release and, therefore, the employee is not
on duty during the deadhead. Because the employee is not on duty, the interruption
of his rest period immediately prior to the deadhead is not an interruption of one of the
specified periods that must be undisturbed and, therefore, the interruption does not violate
Section 21103(e). Note, however, that the subsequent deadhead could result in a violation of a different provision of new Section 21103, such as the 276-hour monthly maximum or the
30-hour monthly maximum described above.
Again, new Section 21103(a)(3) provides that a railroad may neither require nor allow a train
employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. In addition, new Section 211 03(e) requires, in part, that during the minimum off-duty period of 10 consecutive hours, as provided under new Section 21103(a)(3), a railroad must not communicate in any manner that could reasonably be expected to disrupt the employee's rest. In other words, new Section 21103(a) establishes the minimum rest requirements to be satisfied in order for a train employee to remain or go on duty, and new Section 21 103(e) prohibits contact with the employee during that lO-hour period that is required to reset or restore the employee's availability. If the purpose of a deadhead is to return the employee to his or her home terminal or away from- home terminal to obtain a statutory off-duty period, and not to go on duty, then the deadhead is treated as deadheading from a duty assignment to the place of final release. As such, the off-duty period following a period of time on duty may be terminated to accomplish this deadhead. However, after the end of the deadhead, the railroad is required to give the employee an undisturbed statutory off-duty period of at least 10 hours prior to the train employee's going on duty in a future assignment. Other provisions of new Section 21103 may influence the minimum length of the statutory off-duty period following the deadhead, e.g., requiring additional rest under new Section 211 03(c)(4).
I appreciate the opportunity to review this matter for you.
Sincerely,
Associate Administrator for Railroad Safety/Chief Safety Officer
Posted in News on 12.14.2010 2:38pm