state directors tapped to ‘get out the vote’ · state directors tapped to ‘get out the...

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The Official Publication of the United Transportation Union

N u m b e r 9Volume September 2008

www.utu.orgwww.utuia.org

Arbitrator Peterson namedin entry-rates contract dispute

Veteran arbitrator Robert E. Peterson has beenagreed upon by the UTU and the carriers to set-tle the dispute over entry rates tied to training.

The recently ratified national rail agreementprovided for a three-person arbitration panel thatwill include UTU International President MikeF u t h e y, the railroads’ chief labor negotiatorRobert Allen, and Peterson serving as the neutral.

The entry-rates arbitration will be heard byPeterson Dec. 4-5 in Washington, D.C.,because of the earlier unavailability of Allen.An award is expected within 30 days of thehearing dates.

October UTU News to feature2008 election re c o m m e n d a t i o n sThe October 2008 edition of the U T U N e w s w i l lcarry recommendations for the upcoming congres-sional elections. The recommendations are madein conjunction with the UTU’s national legislativeoffice and state legislative directors. The UTU willnot tell you how to vote. However, the UTU willoffer recommendations of candidates that will workfor greater job security, increased workplace safetyand comprehensive and affordable health-careplans designed for working families.

State directors tapped to ‘get out the vote’

D i r e c t - o b s e rvation drug test rule challenged

News and NotesNews and Notes

NASHVILLE – When labor-friendly Democ-rats took control of both the House and Senatein 2006 for the first time in a dozen years, withDemocrats gaining 31 House seats, House Speak-er Nancy Pelosi said later, “We owe a great dealof gratitude to the UTU.”

International President Mike Futhey promisedat a regional meeting here Aug. 20 that the UTUwould do even better this Election Day, by help-ing to put long-time UTU friend Barack Obamain the White House while increasing the labor-friendly majorities in the House and Senate.

“The UTU is putting its money where itsmouth is,” Futhey said in announcing theappointment of four energetic UTU state legisla-tive directors to a special committee whose mis-sion is to mobilize a get-out-the-vote campaignin the so-called battleground states essential toan Obama victory. Battleground states are thosewhere neither presidential candidate has over-whelming support, making the state up for grabs.

UTU Illinois State Legislative Director JoeSzabo, already serving as a transportation policyadviser to the Obama campaign, will chair the four-member committee, which also includes MichiganState Legislative Director Jerry Gibson, ColoradoState Legislative Director Rick Johnson, and IdahoState Legislative Director George Millward.

Battleground states currently include Col-orado, Florida, Indiana, Iowa, Ohio, Michi-gan, Missouri, Nevada, New Mexico, Penn-sylvania, Virginia and Wisconsin. “Our job isto educate, encourage and energize voters,who include UTU members, retirees, their

families, friends and neighbors,” Szabo said.Essential to a successful effort is receiving help

from the UTU Auxiliary, and Auxiliary Presi-dent Carol Menges pledged her organization isprepared to work closely with the Szabo team.Additionally, other UTU state legislative direc-tors will be called upon for their special expertise.

A similar strategy, on a smaller scale, was insti-tuted by Futhey in Louisiana in May, helping

underdog and labor friend Don Cazayoux capturea congressional seat controlled by Republicansfor 33 years.

The successful two month UTU effort of tele-phone calling and door-bell ringing was led byLouisiana State Legislative Director GaryDevall, with assistance from legislative directorsin adjoining states.

In a July 5 letter to Futhey, Obama promised to“preserve the sanctity of Railroad Retirementand the Federal Employers’ Liability Act (FELA)and push for a fair process to receive and main-tain a Commercial Driver’s License. My adminis-tration will push for Amtrak, commuter rail, andpublic transit system funding, ensuring strongemployment levels well into the future.

From left, UTU State Legislative Directors Jerry Gibson (Michigan), Joe Szabo (Illinois), Rick Johnson (Colorado) andGeorge Millward (Idaho) after being named to a special committee that will focus on getting out the vote for Barack Obama.

“The UTU is putting its money whereits mouth is,” Futhey said.

Continued on page 10

The U.S. Department of Transportation hasdelayed until Nov. 1 a new drug-testing rule thatwas scheduled for implementation Aug. 25.

The UTU, seven other rail-labor unions andBNSF Railway separately have challenged thelegality of the new rule in federal court. There isno timetable for the federal appeals court to acton the petition for review filed Aug. 13.

The new rule, now delayed until Nov. 1, wouldrequire employees of all transportation modes –including railroads, transit and bus operators – tosubmit to direct observation urine collection fol-lowing an invalid test, and provide the carrierwith discretion to require direct observation forreturn-to-duty or follow-up testing.

Because the rule would require disrobing byemployees and direct observation of urine pro-duction, the District of Columbia CircuitCourt of Appeals has been asked by the UTU,

the other unions and BNSF to considerwhether the rule violates the Constitution’sFourth Amendment protection against unrea-sonable searches.

The court also is asked to consider if the newrule violates the Omnibus TransportationEmployee Testing Act of 1991, which requiresthe use of testing procedures that promote, to themaximum extent practicable, individual privacyin the collection of specimen samples.

BNSF is the lone railroad to join the unionsin challenging the new DOT rule. Neither theAAR nor the ASLRRA joined in the courtc h a l l e n g e .

The federal appellate court challenge leansheavily on a 1989 Supreme Court decision hold-ing that “require[ing] employees to perform anexcretory function traditionally shielded by great

Continued on page 10

September 2008 UTU News

www.utu.org / www.utuia.org

tragically killed on Aug. 9 in a boating accident onLake Martin. Tatum retired from CSX Railroad in2005 after 40 years of dedicated service, State Leg-islative Director Ronnie Clements r e p o r t e d .

Local 807, Tucson, Ariz.Secretary Thomas F. Moore Jr. reported that

the following members have retired this year:Broderick Ross on January 1; Don Cable onMarch 1; Mike Floyd on April 1; Dick French,Jerry Tappero and Dave Hampton on May 1; D.Mike Snyder on June 1; and Pete Ochoa andTim White on Sept. 1. Members of the local thathave passed away in 2008 include Rick Bennett,Chet Fricker and Ray Ledenican.

Local 933, Jefferson City, Mo.This Union Pacific local, in conjunction with the

Missouri Auxiliary of the UTU, will host a two-dayaffair Sept. 19-20, including a fish fry, information-al seminar and barbecue. The fish fry will be heldSept. 19, from 4 p.m. to 10 p.m., at the Wa r d s v i l l eLions’ Club in Wardsville, Mo. The following day,Sept. 20, the Auxiliary of the UTU will hold itsstate meeting at 8:30 a.m. at the same location, fol-lowed by a noon luncheon and the informationalseminar at 1 p.m. The barbecue dinner will begin at4 p.m. Representatives from UnitedHealthcare, theRailroad Retirement Board, Union Pacific HealthSystems and UTU designated legal counsel will bepresent. All active and retired railroaders areencouraged to attend. The local will also be spon-soring a golf outing on Sept. 19. For more informa-tion, contact Local President Dennis Menges a t(573) 634-7962, member Delmer Brown at (573)782-4105, Kenny Menges at (573) 634-3033, orsend e-mail to [email protected].

Local 1477, Dearborn, Mich.Donnie L. Carter, 59, former assistant state leg-

islative director of the UTU’s Michigan State Leg-islative Board, passed away Aug. 14. Carter, a 39-year member of the UTU, began his railroad serviceon Penn Central, which later became Conrail. Hehad also served as the legislative representative andtreasurer of UTU Local 1477 at Dearborn. He is sur-vived by his wife Sandra, and a daughter, Meghan.

Local 1558, Bergenfield, N.J.The following UTU members, all employed by

the Rockland Coaches Division of CoachUSA,were recently honored for their years of service.They are: John Miller (38 years), J e r r yBenowitz (36), Robert Suhey (34), H e n r yE r b e c k (34), Arthur Dunn (32), John Basil(31), Ronald Drolshagen (31), Gary Everett(30) and Kevin Grant ( 3 0 ) .

Local 607, Thayer, Mo.

Local 14, Cincinnati, OhioRetired member John E. Pyles said that the

“railroad stories really flowed” at the NationalRail Roaders’ Camping Association get-togetherfrom July 13-20 in Gladewater, Texas. Familiesfrom Florida, Ohio, Nebraska and Illinois partic-ipated in this year’s event, with some staying inrecreational vehicles and some in area motels.Next year’s outing will be held in Mackinaw City,Mich., Pyles said. For more information aboutthe association, visit www.nrrca.org.

Local 32, Glendale, Calif.Rich Arnold, a 22-year local chairperson and del-

egate to the past five UTU International conven-tions, retired Aug. 1. Arnold hired out as a brake-man with the Southern Pacific Transportation Co.in 1978 and was promoted to engineer in 1979.

Local 195, Galesburg, Ill.This local once again participated in Gales-

b u r g ’s annual Railroad Days celebration, whichwas held June 28-29. Local Chairperson J.M .S m i t h helped man the UTU display, where hun-dreds of UTU paper hats and coloring bookswere distributed to young visitors waiting to takebus tours of the BNSF Railway’s Galesburg Ya r dcomplex. The local also provided a bus to helptransport visitors on the tour, Legislative Rep.Ralph W. Linroth r e p o r t e d .

Local 240, Los Angeles, Calif.Local Chairperson Harry J. Garvin Jr. r e p o r t s

that the local will hold its sixth annual RailReunion and Retirement Dinner on Nov. 8,from 3 to 10 p.m., at the El Rancho Verde GolfClub in Rialto, Calif., for employees of SP, UP,Pacific Electric, and former SP/UP onMetrolink and Amtrak. The cost is $35 per per-son or $65 per couple and the deadline for reser-vations is Oct. 31. For more information, callGarvin at (909) 481-7261. Garvin also notedthe following retirements: Winston L. Garth o nJuly 1; Mike L. Jones on Sept. 1, and Jack L.H e a l y on Sept. 10.

Local 597, Des Plaines, Ill.The local is mourning the loss of terminal engi-

neer and former local president and chairpersonMark F. Doyle, who passed away July 23, report-ed Local Vice President Harry C. Lewis Jr. “Hewas a good engineer, member and family man andour local will miss his dedication and his abilityto step up and solve problems,” Lewis said.

Community support: What comes around, goes aroundSANTA CRUZ, Calif. – “When a union sup-

ports its community, the community supports theunion,” says Local 23 Chairperson Bonnie Morr.

This adage was proven several years ago dur-ing a 37-day strike by Local 23 when its mem-bers, without paychecks, dipped into their sav-ings to put gasoline in their own automobiles toprovide essential alternative transportation tothe elderly and neediest who were left withoutbus transportation.

The community didn’t for-get, and its overwhelming sup-port for Local 23 was crucial innegotiating a new three-yearcontract last month with theMetropolitan Transit District.“The community remem-bered, and our members bene-fitted at the bargaining table,”Morr said.

And once again, Local 23members delivered support to the communityafter fire destroyed four homes near Santa Cruz.

Among those who lost their homes was a co-worker, Chris Kane, a facilities maintenanceemployee of the Santa Cruz Metropolitan TransitDistrict, member of the Service Employees Inter-national Union (SEIU), and a single mother.

Local Chairperson J.M. Smith mans the UTU display atthe Galesburg annual Railroad Days celebration.

Local 650, Minneapolis, Minn.Members of this Union Pacific (C&NW) local

will hold their annual picnic on Sept. 17, at 5p.m, at the Croatian Hall, 454 2nd Ave. S., inSouth St. Paul. Dinner will feature hamburgers,hotdogs and brats and there will be a cash bar,Local Chairperson Randy Raskin reported.

Local 707, Marysville, Kan.S e v e n t e e n - y e a r-old Jace Bowhay, son of retired

Union Pacific engineer Dave Bowhay, recentlywon two world champi-onships at the LittleBritches National FinalsR odeo in Pueblo, Colo.Bowhay won the seniorboys’ steer wrestlingtitle, as well as the all-around senior boys’champion cowboy title.He was second in tie-down calf roping. In all,Bowhay won two sad-dles at the NationalFinals, along with 10belt buckles and $3,700 in scholarships.

Local 759, Newark, N.J.Victor Fabian, an employee of Community

Transportation, passed away on Aug. 5 after suf-fering a heart attack while playing with his son.“He had been a strong union supporter of hislocal and its officers and will be greatly missed,”reported Vice President Vic Baffoni.

Local 762, Montgomery, Ala.Edwin Donald “Donnie” Ta t u m, 63, of

Prattville, Ala., a retired member of this local, was

Malphrus

On July 24, the brothers and sisters of this BNSF local held their third annual Family Fun Day at the Thayer City Pool,Local President Chris Skaggs reports. Members and their families were treated to swimming, pizza and ice cream. Spe-cial guests included Missouri State Legislative Director Ken Menges, Springfield Division UTU Safety Coordinator LesWilson, General Chairperson Steve Green, Associate General Chairperson Mike LaPresta, and Paul Bonham fromHubbell, Peak, O’Neal, Napier & Leach in Kansas City.

Kane’s own mother and two brothers lived in theother houses destroyed by the fire. Four genera-tions of the family lived in those destroyed hous-es since 1972.

Immediately after hearing the news, Local 23member Brenda Malphrus organized a day-long clean-up, and helped to supply food anddrinks for others assisting the four families dev-astated by the fire.

Pitching in with Malphrus were Local 23Vice Chairperson Steve Prince and membersBrian McHale, Will Reagon and Mike Steber,all of whom brought their own family mem-bers, neighbors and friends with them to assistin the clean-up. They and other Local 23 mem-bers also contributed more than $900 to theburned-out families.

“We asked Chris what she needed, and shesaid, ‘elbow grease,’” Malphrus said in explaininghow and why she organized the clean-up.

Morr says Local 23 has a Good and We l f a r eOutreach Committee, which regularly springs toaction on behalf of members as well as the com-m u n i t y. “The families lost everything in the fireand our members are doing what they can to helpthose families put their lives back together. Wesupport the community and the community sup-ports us,” Morr said.

Jace and Dave Bowhay



Futhey appoints seven membersto Transportation Safety Team

Helping to ensure safe working conditions onrail carriers traditionally has been a principalresponsibility of the UTU national and state leg-islative departments.

To this end, International President MikeFuthey announced Aug. 7 that he is adding sev-en officers with state and local legislative respon-sibilities to the union’s Transportation SafetyTeam (TST). The TST assists the NationalTransportation Safety Board in investigations ofserious railroad accidents.

The seven are: Greg Boam, Oregon assistantstate legislative director; Gary Devall,Louisiana state legislative director; John Dunn,Local 756 alternate legislative representative;Jerry Gibson, Michigan state legislative direc-tor; Greg Hynes, Arizona assistant state legisla-tive director; Larry Kasecamp, Maryland statelegislative director; and Andres Tr u j i l l o, Flori-da state legislative director.

“One of my assurances, prior to election, wasto strengthen the role of state legislativedepartments, and provide additional dimen-sion and responsibility to the tasks of legisla-tive directors at the local level,” Futhey said.“These new TST members, representing geo-graphic diversity, have demonstrated theircommitment and loyalty to our members andwill bring new energies and ideas to the TST. ”

The seven new TST members are undergoingspecial training, which includes intensive coursework at the National Transportation SafetyBoard Academy. The training is similar to thatprovided NTSB accident investigators.

Upon certification by the NTSB, the newUTU TST members will achieve what is knownas “party status.” This permits them access tosealed-off accident sites, where they confiden-tially assist NTSB investigators.

When a serious rail accident occurs, one ormore TST members is dispatched to the scene,where they report to the NTSB investigator incharge for further assignment in assisting in theaccident investigation. In that role, the TSTmembers assist the NTSB in ascertaining factualdata relating to the accident.

The UTU’s TST members frequently providecrucial assistance by locating crew members andothers familiar with the territory where the acci-dent occurred, and who are familiar with themotive power, equipment and signal systems inuse, as well as characteristics of track and knowl-edge of rail operating rules. TST members alsomust possess special knowledge of hazardousmaterials that are hauled by railroads.

The UTU’s TST also performs another impor-tant service – one that benefits UTU members.A UTU member involved in an accident can

demand that a UTU TST member be presentduring questioning to serve as a witness to whatwas said.

UTU TST members can also assist UTU mem-bers in ensuring that a UTU officer is presentshould railroad officials seek to question a UTUmember – and that railroad officials not violateterms of the UTU contract with that carrier.

WASHINGTON – Railroads, the FRA andlabor organizations, including the UTU,launched on Aug. 12 a new and formal effort toimprove workplace safety through an emphasison cooperation and education and a de-emphasison aggressive discipline.

FRA Administrator Joseph Boardman termedthe effort “a new risk-based approach to identifyand correct safety issues before they result intrain accidents and employee injuries.” Its offi-cial name is the Risk Reduction Program (RRP).

“Fixing something after it breaks or writingrule-violation notices is increasingly unlikely toresult in significant additional gains in rail safe-ty,” Boardman said in introducing the RRP at ameeting attended by carrier CEOs, FRA seniorsafety staff, UTU International President MikeFuthey and officials of other labor organizations.

Creation of the RRP follows several risk-reduction pilot projects.

Its initiative is to “develop innovative meth-ods, processes and technologies to address thecontributing risk factors that result in train acci-dents and employee injuries,” Boardman said.

“For example, a conventional approach to pre-vent train derailments is to search for and fix anybroken joint bars that connect two sections oftrack. A risk-based strategy will focus on identi-fying the precursors that indicate a joint barmight break followed by proper preventive main-tenance before it fails,” Boardman said.

The RRP framework is intended to encourage“voluntary participation of railroads and labor onprojects that target specific risk categories such asconfidential close-call reporting systems, peer- t o -peer accident prevention strategies, and fatigue risk-management programs,” Boardman said. “It will benecessary for railroads to develop and strengthen

New FRA safety programs takes aim at railroad culturetheir safety cultures so that the risk-based approachto safety eventually becomes second nature.”

Futhey described carrier officers, labor officialsand FRA senior safety staff in attendance as “anx-ious to roll-up their sleeves and make this work.

“The UTU has a history of standing ready toparticipate in any program to help assure itsmembers return home to their families in onepiece,” Futhey said. “This program is intendedfinally to put to rest an adversarial culture thatsometimes exists in the railroad industry. The

Dunn Phillips

AlbaradoSchnabel

UTU supports a culture of education rather thana culture of discipline.”

Boardman also presented “distinguished publicservice” awards to the UTU, the BLET andUnion Pacific Railroad for their partnership intwo effective risk-reduction demonstration proj-ects – the Changing At-Risk Behavior (CAB)project, and the Safety Through Employees Exer-cising Leadership (STEEL) project.

The CAB project resulted in an 80 percentreduction of the targeted behavior, and theSTEEL project removed more than 75 barriers tosafety, Boardman said.

The awards recognized successful pilot projectson UP’s San Antonio and Livonia, La., serviceunits. UTU members recognized by Boardmanfor their participation in these projects were JohnDunn and Kelvin Phillips, both of Local 756,and Thomas Albarado and James “Greg” Schn-abel, both of Local 1836.

Boam TrujilloGibsonDevall Dunn Hynes Kasecamp

Members on D&Hratify new pact

UTU members on the Delaware & Hud-son (D&H), a subsidiary of the CP/Soo, haveoverwhelmingly ratified a new four-year con-tract with the carrier.

The members, employed as conductors,engineers, brakemen and yard workers, aremembers of Local 211 (Binghamton, N.Y.),256 (Watervliet, N.Y.), 318 (Hornell, N.Y.)and 498 (Allentown, Pa.)

The new contract includes pay raises equalto the recently ratified national rail contract,the payment of retroactive wage hikes, nowork-rules changes and an increase in mealallowance, among other improvements.

The contract was negotiated by New Yo r kState Legislative Director Sam Nasca a n dGeneral Chairpersons George Casey, S e a nK e a t i n g and Carmine Mastropietro, withassistance from Vice President Tony Iannone.



Al Franken, who is running for a Sen-ate seat in Minnesota.

All five inquired of the UTU’s posi-tion on rail issues, and all five recalledinstances where Sen. Obama and Sen.

Biden had stood up for unionized rail,transit and bus workers, and how Sen.Obama and Sen. Biden vocally andemphatically supported more local,state, regional and federal funding forpublic transportation.

In Denver, on the convention’sopening night, it was a dream cometrue for Amtrak 20-year machinistMike Fisher, who was given threeminutes in the spotlight to expresshis support for Sen. Obama.

Mr. Fisher, employed in Amtrak’sBeech Grove, Ind., shops, first metSen. Obama in April, at an Indi-anapolis campaign stop, after whichthe senator and his wife, Michelle,visited the Fisher home and sat withthem at their dining room table.

During that conversation, MikeFisher expressed concern for his job,given the perennial attempts by con-servatives in Congress to gut Amtrak.

Eight years ago, our nation was not piling up debts that will crush ourchildren and grandchildren, we were not paying $4 per gallon for gaso-line, and our neighbors were not being forced into the street by homeforeclosures. Even Republicans have mostly abandoned support of thisBush administration.

The challenges for the next administration – and the next Congress– will be immense. Change is essential, and Sen. Obama has broadappeal among working families for the economic policies he supports

that strengthen job security, expand health-care cov-erage, assure workplace safety, and halt employerattempts to weaken the organizing and contract-negotiating abilities of labor unions.

Your UTU hasn’t been treading water over thepast eight years. Based on our accomplishmentsduring the difficult Bush years, we have goodreason to envision being able to do more forworking families under an Obama adminis-tration and a Congress with an even larger

l a b o r-friendly majority.L e t ’s look back at our accomplishments. We achieved

Railroad Retirement reform, which restored, forcareer railroaders, the ability to retire at age 60with full benefits, and we gained an improvedannuity for surviving spouses.

We worked with labor organizations represent-ing all segments of the workforce to block efforts

to privatize Social Security and Railroad Retirement. Corporate down-turns have caused far too many vulnerable retirees to lose private-pensionbenefits, and we cannot allow Social Security or Railroad Retirement tobe turned into such a privatized program, leaving retirees holding the bag.

The UTU also took the lead in advancing a new rail-safety bill, that weexpect to be finalized soon. It is the first significant legislative loss for therail carriers in more than a generation – and the congressional majoritysupporting this bill assures the president will sign it.

At the Federal Railroad Administration, we have achieved gains intighter safety regulations, stepped-up enforcement and more harshcarrier fines.

Yes, there is far more to do on behalf of our members. Bus operatorss h o u l d n ’t face loss of their jobs because they received a traffic tick-

et while operating their automobile on vacation in a distant state.Workers shouldn’t face the indignity of having to be observedproviding a urine sample without reasonable cause.

These – and many other – issues of importance to our mem-bers will be addressed with a new administration and newCongress next year.

We take pride that most other unions lookwith awe at UTU’s abilities to deliver for itsmembers. Much of the credit must be given tothe UTU PAC, which helps to elect labor-friendly candidates – and keeps them in office.

Through unity, we will continue moving forward.

Brunkenhoefer

Pride in our progress, still work to do

Mike Futhey, International [email protected]

Arty Martin, Assistant [email protected]

Kim Thompson, General Secretary and [email protected]

James M. Brunkenhoefer, National Legislative [email protected]

Contact the UTU:Phone (216) 228-9400; Fax (216) 228-5755

WASHINGTON WATCHBy James M. Brunkenhoefer

[email protected]

Obama walks the walk with laborThe most successful military gen-

erals are those who care best fortheir troops, walk among theirtroops and listen intently to theirideas and concerns.

This week in Denver, BarackObama, who consistently expresseshis support for working families, aswell as improved rail and transitservice in America, reached out to aunion-represented railroader toaddress the Democratic NationalConvention.

Separately, Joe Biden, beforedeparting for Denver, visited theWilmington, Del., train station tovisit with Amtrak employees andpassengers. According to the Wilm-ington newspaper, Sen. Biden eventook note that the Amtrak conduc-tor, who usually manages his morn-ing commuter train to Washington,was not working that day.

For sure, the Obama/Biden ticket isone that walks the walk – not justtalks the talk – on working-familyissues, as well as rail and transit issues.I know. I heard it first hand in Denver,

while attending the DemocraticNational Convention.

Although I haven’t had the oppor-tunity yet to speak with Sen. Obamaor Sen. Biden directly, I did meet in

Denver with Congressman Jim Ober-star of Minnesota, chairman of theHouse Transportation Committee;House Speaker Nancy Pelosi; SenateMajority Leader Harry Reid; formerVice President Walter Mondale, and

M r. Fisher also mentioned to Sen.Obama his concern that a daughter-in-law had been denied reimburse-ment by a health insurer for surgeryfollowing a complicated pregnancy.

Sen. Obama invited Mr. Fisher tointroduce him a few days later beforean Indianapolis crowd of Obamasupporters. Then came the invita-tion to address the DemocraticNational Convention in Denver.

“After meeting him and talkingto him and seeing how down toearth he was with us and under-standing, he just sold me 100 per-cent,” Mr. Fisher said from the con-v e n t i o n ’s pod i u m .

“[Back in April], as soon as BarackObama came up on our front porchand shook my hand, he put me atease,” Mr. Fisher told the conven-tion delegates. “ We went inside,and Barack put his elbows up onthe kitchen table and listened. Itwas like talking with family. Itbecame clear that they are regularpeople. Barack and Michelle grewup dealing with the same chal-lenges most of us face. It’s prettyclear he can relate to working peo-ple and those who are struggling.”

M r. Fisher’s talk to the Democra-tic National Convention followedone by Rep. Jesse Jackson Jr. (D-Ill.) and preceded a talk by thepresident of the Chicago chapter ofthe Service Employees’ Interna-tional Union.

Mr. Fisher received roaringapplause for his final lines: “BarackObama is the only person I trust todo the right thing for all of us. That’swhy I’m here tonight and that’s whyhe’s my choice for president.”

I could not agree more.

“For sure, the Obama/Biden ticket is one that walks

the walk – not just talks the talk – on working-family

issues, as well as rail and transit issues.”

By Mike Futhey, International President

“We take pride that most other unions look with awe at UTU’s abilities todeliver for its members. Much of the credit must be given to the UTU PAC,which helps to elect labor-friendly candidates – and keeps them in office.”



The Bush Administration did it again.Secretary of Transportation Mary E. Peters extended the

right of foreign-operated trucking and transit companies tooperate across the U.S. border without requiring them toeven have a minimum of safeguards for U.S. citizens onU.S. roads.

The U.S. Department of Transportation requires U.S.licensed drivers to be tested, certified and comply withnumerous laws and rules.

Yet foreign drivers do not have to abide by any of these requirements.Equipment inspection, certification of ability to operate equipment, drug

testing and hours of service requirements have made our roads safer.The UTU has protested loudly and has a commitment from Rep. Jim Ober-

star (D.-Minn.), who chairs the House Transportation Committee, to over-turn Ms. Peters’ action.

We are committed to our members and the riding public to keep the roadssafe for them and their families.

The UTU Bus and Legislative Departments continue to fight the mandat-ed changes to drug testing (observed testing).

We have joined with the Transportation Trades Department of theAFL-CIO to make a concerted effort to protect our members’ personalr i g h t s .

To contact me, call the UTU International headquarters at (216) 228-9400, Monday through Friday, from 8:30 a.m. to 4:30 p.m., EDT.

Send e-mail to me at [email protected].

UTU protests extension off o reign vehicles in the U.S.

Bus DepartmentBy Vic Baffoni, vice president/director

[email protected]

State Watch N ews from UTU State Leg i s l a t i ve Board sAlabama

All active, auxiliary and retired members areurged to support Mayor Bobby Bright (D) in hisrun for the 2nd Congressional District, StateLegislative Director Ron Clements reports.

“This picture represents the power that theUTU has through its legislative department andmembership support,” Clements said.

Kansas

State Legislative Director Don Lindseyreports that three influential Kansas lawmakersrecently met with members of the state legisla-tive board to learn of union initiatives and con-

cerns and to express their appreciation forUTU’s support.

Lawmakers included State Rep. Jan Pauls(wife of Legislative Rep. Ron Pauls, Local 477,Newton), State Rep. Vince Wetta and StateRep. Dennis McKinney.

“Jan Pauls has served in the Kansas Housesince August 1991. She has always been therewhen UTU families needed her help,” Lindseysaid. “Rep. Vince Wetta, a retired member Local794, Wellington, is serving his first term in theKansas House and has been a breath of fresh airfor working men and women in Kansas. Vince

has done such a stellar job that he is runningunopposed in his re-election bid. Rep. DennisMcKinney, Greensburg, serves as Democraticminority leader in the Kansas House. He hasbeen a strong supporter over the years on UTUissues and has a close working relationship withthe Kansas State Legislative Board.”

New MexicoThird District Congressional candidate Ben R.

Lujan held a private meeting with UTU mem-bers on Aug. 15 in Clovis, Local 1168 LegislativeRep. Randy Dunson reports. “Lujan is from aunion home, the son of a steel worker and shouldbe a real friend to us in Washington,” Dunsonsaid. “We are endorsing 26 candidates in NewMexico and hope to change the political scenehere at home, and in Washington.”

Pictured above are Dale Barnett (legislative rep., Local762, Montgomery); Clements; Mary Ann Clements,Alabama state director for UTU Auxiliary, presenting aUTU PAC check to Bright, and Noah H. Flanagan,retired state director.

IndianaMembers of Local 383, New Albany, and

State Legislative Director Tom Henslerrecently attended a fundraiser for IndianaSenate Minority Floor Leader Richard D.Young (D- Dist. 47.)

“Senator Young has always been there forthe UTU and his commitment to all Indianaworking families has earned him the respectof all labor unions,” Hensler said.

“ With his help and leadership we will turnthis red state blue! The members of Local383 and all other Indiana locals pledge theirsupport to Senator Young in accomplishingthat goal.”

Pictured above, from left to right, are Mike Farnsley(vice local chairperson, L-383); Hensler; Young;Travis Wolfe (member, L-383) and Mark Sears (leg-islative rep., L-383).

Pictured above, from left to right, are State Rep. JanPauls, Lindsey, State Rep. Vince Wetta and StateRep. Dennis McKinney.

Pictured, from left, are New Mexico State LegislativeDirector Dennis Baca, Lujan, Scott Gibson of the lawfirm of Rossi, Cox, Vucinovich, Bremseth & Flaskamp,and Dunson.

2008 is election yearfor local leadership posts

Many UTU members will be focused on the candidates running for theU.S. presidency this autumn. But November 2008 also brings UTU membersa chance to renew their union leadership at the local level.

Special Circular No. 27 and an informational guide were recently sent tolocal presidents and secretary/treasurers to help them conduct the upcomingelections.

For those with a general curiosity, a simplified “short course” on the UTUelection process is now available on the UTU Web site, www.utu.org.

Special Circular No. 27 and its accompanying informational guide can beobtained from the UTU Web site by going to the home page and clicking on“Secretary/Treas. News & Tools,” in the blue area on the left-hand side.

Once on that page, click on “More forms...” at the bottom of the columnlabeled, “Forms and Documents.”

Information from the UTU Constitution that members should read: Arti-cle 7 (Eligibility for Office), Article 56 (Officers and Locals) and Article 57(Elections in Locals).

The UTU Constitution can be downloaded from the UTU Web site. Clickon “Awards/Agreements” in the red area in the upper-left-hand side of the homepage.

A link to the UTU Constitu-tion can be found on the“Awards/Agreements” page,under the column labeled,“Important Documents.”

Note that the last page of theUTU Constitution includes achart indicating which electionsare held in a given year.

Members with questions about theUTU election process are urged to contactthe UTU International.

ColoradoState Legislative Director Rick Johnson

reports many members of Local 202 in Denverhave recently joined UTU PAC or increasedtheir contributions.

Some 66 members either joined the politicalaction committee or increased their contribu-tions, Johnson said.

“Credit for this great work goes to Local VicePresident Kevin Seale and Treasurer Don Wood.They spent two days talking to members aboutUTU PAC and the 2008 election season. It paidoff.”

September 2008 UTU News September 2008 UTU News Page 7

www.utu.org / www.utuia.org www.utu.org / www.utuia.org

2008 Nashville Regional Meeting Scrapbook

Night Out at the Wildhorse Saloon

Kris Williams, who serves as president of Local 1957 in Sils-bee, Texas, and wife Wendy whoop it up at the WildhorseSaloon.

Local 1053 (Selma, Ala.) Delegate Jimmy Strickland andwife Lynn with one of the many full-size horse sculpturesat the Wildhorse Saloon.

Jay C. Roy and wife Michelle paused from hoofing it up for abite to eat. Roy, of Local 1245 in Atlanta, serves as localchairperson and secretary/treasurer of his local.

Chip and Melissa Waugh at the Wildhorse Saloon. Waughserves as vice general chairperson of his Metra/CN generalcommittee and also as local chairperson of Local 1258 inElgin, Ill.

Designated Legal Counsel Coordinator Mark Allen, left, with International PresidentMike Futhey. President Futhey expressed his gratitude for the hard work and assistanceprovided by UTU designated legal counsel at the Nashville and Denver regional meet-ings, and for all that designated legal counsel do year-round in support of the UTU andits members.

Attendees at the UTU Auxiliary’s workshop pose for a group photo on the grand staircase in theOpryland Hotel’s Magnolia lobby.

Two former Texas state legislative directors confer: former International President AlChesser, left, who gave a rousing speech in support of Barack Obama, and National Leg-islative Director James Brunkenhoefer.

Union Pacific General Chairperson Dean Hazlett (GO 953), left, was present-ed a UTU brass lanters by Assistant President Arty Martin for his years of serv-ice to the members of the UTU.

General Secretary and Treasurer Kim Thompson, right, talks withMike Lewis, delegate and member of Local 490, Princeton, Ind.Lewis is a full-time organizer for the UTU.

Riders in the Scott Belden Memorial Motorcycle Ride, which raises money for UTU PAC, prepare to head off down theNatchez Trace.

Regional meetings are great places to learn about all the benefits of UTU member-ship. Here, Susan Derby (secretary/treasurer, Local 1138, Miami), left, speakswith (left to right) UTUIA Director of Insurance and Marketing Tony Martellaand Field Supervisors Don Dysart and Chris Fly.

The dates and locations of the 2009UTU regional meetings have beenfinalized. They are July 6-8 at theWestin St. Francis in San Francisco,and Aug. 17-19 at the Sheraton NewOrleans in New Orleans. Check outwww.utu.org for details.

Coordinating the Nashville regional meeting were, from left, Larry Pigg (L- 974, Nashville, local chair-person and delegate); Alvy Hughes (L-1596, Charlotte, Transit Management of Charlotte generalchairperson, local chairperson); Jerry Anderton (L-338, Chattanooga, Tennessee state legislativedirector); Brian Houston (L-750, Knoxville, assistant state legislative director, local legis. rep.) andWilliam “Butch” St. John (L-1557, Memphis, associate general chairperson, legislative chairperson,local chairperson and delegate.)

Olivia Callahan, daughter ofJeff (L-753) and Brande,would vote for Barak Obamaif she could.

Peyton Lehr, daughter ofMatthew (L-305) and Holly,thinks Barak Obama should bethe next president.

C.J. Case, son of Donald (L-924) and Deborah, urgesmembers to vote for BarackObama.

Kennedy Terrill, daughter ofTim (L-1857) and Erin,wears her Barack Obamaemblem with cuteness.

Local 340 (Connellsville, Pa.)Chairperson Rick Kasecamp, seated,does research on a computer suppliedby CSX Operation RedBlock Coor-dinator Ben Kirkland.

Alfredo Peña (left) and Kenny Brookins, both ofLocal 1138, Miami.

Want to see more regional meeting photos?Go to the “Meetings” page of www.utu.org.

From left, AlternateVice President-SouthLarry Barrilleaux,Rick Lima (L-1502,Wildwood, Fla., localchairperson) and MarkInserra (L-1502, sec-retary/treasurer).

Local Name City/State Local Name City/State Local Name City/State

1 McClure, Ebert A. Inverness, Fla.2 Knecht, Donald E. Oregon, Ohio

113 Ratliff, Floyd W. Albuquerque, N.M.118 Fitzpatrick, Robert H. Hinton, W. Va.117 Brooks, Sam Hermiston, Ore.145 Latta, Norman W. Orient, Ohio194 Bruce, A.D. Alton, Ill.195 Reed Sr., John P. Galesburg, Ill.204 Easton, Allen Pueblo, Colo.232 Carson, Willard R. Trenton, N.J.239 Arnold, James F. Oakland, Calif.265 Ingelstrom, John E. Pocatello, Idaho298 Tracey, Jesse H. Syracuse, Ind.304 Purdy, Craig B. Pointe du Chene, N.B.311 Mahoney, Paul J. La Crosse, Wisc.313 Valladao, William R. Cicero, Ill.318 Hanford, Carl L. Montoursville, Pa.330 Brown, John J. Gepp, Ark.330 Palsgrove Jr., Emerson E. Cape Girardeau, Mo.353 Taylor, John C. Woodstock, Ont.432 Helmick, Wayne R. Gilbertsville, Ky.490 Schmitt, Paul B. Princeton, Ind.511 Campbell Jr., Thomas J. Powder Springs, Ga.556 Moore, Harry A. Renton, Wash.

586 Brehany, Edward F. Westlake, Ohio610 Porter Jr., Charles Woodbridge, Va.610 Richardson, Roy Haddix, Ky.631 Hamby, Harry L. Maugansville, Md.631 Shriver, James S. Knoxville, Md.645 McFadgion, Otis C. North Babylon, N.Y.655 Parks Jr., Stuard A. Bluefield, W. Va.763 Hamilton, Clarence D. Frontenac, Kan.783 Callahan Sr., Edward M. Lynchburg, Va.811 Tanner, Horace J. St. George, Utah830 Keel, Clyde L. Duncannon, Pa.854 Vaughan Jr., Foy K. Edenton, N.C.903 Bradford Jr., Archie J. Jacksonville, Fla.903 Cox, Carey L. Clarksville, Ga.924 Wright, Pembroke W. Colonial Heights, Va.997 Lepley, Terry K. Enola, Pa.

1066 Legnon Jr., Joseph D. Folsom, La.1074 Armen, Fred Bethel Park, Pa.1201 Crow, Richard E. Sacramento, Calif.1202 Cain, Jack E. New Haven, Ind.1290 Fitzgerald, Ronald L. Mantero, Ill.1290 Vollmer, Charles V. Kankakee, Ill.1328 Armstrong, Harold E. New Albany, Ind.1366 Osborne, Elden V. Magna, Utah

1370 Harrison, Richard H. Barnegat, N.J.1376 Nay, James A. Calabash, N.C.1382 Zellmer, Arthur H. Waunakee, Wisc.1390 Scheer, Alan E. Riverside, N.J.1393 Rountree, John A. Niagara Falls, N.Y.1400 Manning, Francis J. Island Pond, Vt.1402 Cox, George D. Dupo, Ill.1418 Arthur, Thomas J. Freedom, Pa.1438 Rock, Frederick C. Lincoln Park, Mich.1470 Davis, Verner A. Wilmington, Del.1503 Eickmann, Glen A. Ozawkie, Kan.1524 Golden Jr., Edward E. Houston, Texas1544 Hazlett, Ernest M. Mohave Valley, Ariz.1545 Springer, Joseph E. Pineville, La.1557 Collins, Daniel M. Olive Branch, Miss.1607 Parrish, Gilbert L. Hesperia, Calif.1638 O’Malley, Richard J. Rocky River, Ohio1765 Marsiglia, Anthony Grand Rapids, Mich.1780 Tilley, Franklin D. Kansas City, Mo.1886 McNeill, Donald J. Houston, Texas1918 Babb, Wilmore L. Kerville, Texas1971 Roberts, Horace D. Greenville, S.C.

T H E F I N A L C A L L

Following are the names of recently deceased members who maintained annual membership in the UTU Alumni Association (formerlyknown as the UTU for Life Program), according to reports received at UTU International Headquarters. These brothers and sisters willbe missed by their many friends and by fellow UTU Alumni Association members.

UTU Alumni Association serves retirees

Page 8 September 2008 UTU News


News, information for members of the UTU Alumni Association

The UTU Alumni Association is the newname of the program that serves retiredmembers of the United TransportationUnion.

Established by delegates in 1976 to aidunion retirees, the program had over theyears been called both the UTU Retiree Pro-gram and the UTU for Lifeprogram.

(This program hasno relation to lifetimeU T U m e m b e r s h i p ,which is awardedwhen a memberre t i res in goodstanding.)

The UTU Alumni Associa-tion is a voluntary, money-sav-ing program for transportation retirees fromall crafts.

UTU Alumni Association members enjoythe many benefits shown at the right.

The UTU Alumni Association is under thedirection of retired Florida State LegislativeDirector Carl Cochran, who works everyday to make sure the program serves theretired members of this union.

As a retired state director, Cochran is alsoin touch with state and national lawmakerswho hold sway over the Railroad RetirementSystem. He is an important aid to the UTU’sLegislative Department in protecting andimproving this vital program.

Retired UTU members in the U.S. andCanada, as well as those individuals nearingretirement or interested in pension and otherissues affecting transportation-labor fami-lies, are invited to participate in the UTUAlumni Association.

With annual dues set at only $9 (U.S.) peryear, membership in this fast-growing pro-gram doesn't cost – it pays!

Check out the UTU Alumni Associationpage on www.utu.org.

The UTU Alumni Association offers these benefits:• The U T U N e w s, the official publication of the UTU, covering items of interest toretired and active members, including developments affecting Railroad Retirementpensions. The publication will also include a quarterly insert with expanded newsand features for Alumni Association members;• Automatic listing in The Final Call, the notice of recent deaths carried in the

UTU News;• A UTU Alumni Association baseball-style cap;• An annual full-size UTU wall calendar, featuring beautiful transportation photos;• Membership in the nearest Alumni Association chapter;• Discounts on car rentals from National Car Rental in the U.S., Tilden in Canada;• Discounts at popular lodging chains, such as Wyndham Hotels and Resorts,

Days Inns, Red Roof Inns, and Super 8;• Discounts on cellular telephones and services from Cingular;• An important documents folder for keeping insurance policies, stock certificates, etc.;• A 41-page UTU/UTUIA Assets Manager to keep track of financial information;• A 36-page UTU/UTUIA Medical Manager for important medical information;• Automatic enrollment in the UTU Travelers’ Club, which sponsors world-wide

excursions at affordable, group rates;• Discounts on railroad art by noted railroad artist “Scotty.”

Name Local

Address

City State/Province ZIP

Phone E-Mail

I wish to join the UTU Alumni Association. Enclosed is a check or money order payableto “UTU Alumni Association” in the amount of $9.00 (U.S.) for one year’s dues.Return to UTU Alumni Association, 14600 Detroit Ave., Cleveland, OH 44107-4250

UTU Alumni Association application(Please print)

September 2008 UTU News Page 9


The United Transportation Union InsuranceAssociation has named Gene LaHote as its 2008volunteer of the year.

LaHote is a retired member of Local 2, Toledo,Ohio. He also is a member of the UTU AlumniAssociation.

LaHote served the members of his local aspresident for 29 years. He also served as local leg-islative representative for 10 years.

LaHote is being honored for his myriad of vol-unteer work:

•He volunteers at the New Bay Park Hospitalin his hometown of Oregon, Ohio;

•He is involved with the American LegionPost 334 in Toledo, and Post 273 at MadieraBeach, Fla. In Toledo he serves as second vice,sergeant of arms and is a driver, taking veteransfrom the Toledo veterans’ hospital to the veter-ans’ hospital in Ann Arbor, Mich., every week.In Florida at Post 273, he would drive the post’svan to pick up and deliver patrons to the post.

•He volunteers for a huge fundraiser for needychildren held every year at Tropicana Field in St.Petersburg, Fla.

“Since retiring from the railroad after 39years, Gene LaHote wasn’t going to spend hisretirement in a rocking chair. He was alwaysvery busy while he was working, and he’s just asbusy now,” said wife Betty, who nominated himfor the award.

“Gene has been enjoying his retirement verymuch and his biggest pleasure is giving of histime and service where ever needed. He is a greatasset to this world and there should be more likehim,” she said.

As volunteer of the year, LaHote received a$1,000 U.S. Savings Bond and a plaque of appre-ciation. He and Betty also were invited to attendthe recent regional meeting in Nashville, wherethe awards were presented.

“You are an excellent example of the fraternalspirit,” International President Mike Futheywrote LaHote. “I congratulate you on this well-earned honor.”

Gene LaHote named UTUIA’s2008 Volunteer of the Year

Gene LaHote, shown with wife Betty, has been selected asthe UTUIA Volunteer of the Year for 2008.

WASHINGTON – The Bush administrationonce again gave “the bird” to organized labor,and gave a second one to Congress Aug. 4 inextending, for two more years, a test programallowing long-haul trucks from 100 Mexicantrucking companies full access to U.S. highways.

The Bush administration action, under provi-sions of the 1994 North American Free TradeAgreement (NAFTA), could also open the bor-der to Mexican buses, and validates UTU con-cerns that the Bush administration is serious ingiving Mexican-operated locomotives greateraccess to the U.S.

Reuters reports that the Bush administrationwaited for Congress to begin its five-week sum-mer recess before making the decision, eventhough legislation is pending that would end thepilot program and prevent the president and hisDOT from giving carte blanche U.S.-highwayaccess to Mexican truck and bus operators and,possibly, Mexican locomotive engineers.

By announcing the program on the first dayof the congressional recess, the Bush adminis-tration effectively prevented immediate con-gressional action to reverse the decisionthrough legislation.

The House Transportation Committee, onJuly 31, voted unanimously to end the pilot pro-gram, and the bill was slated to go to the Housefloor when Congress returns in September.

Although the legislative effort surely will bejump-started when Congress returns after LaborD a y, Senate conservatives loyal to the Bushadministration are certain to attempt to filibusterthe measure, and the president can be expected toveto any bill that passes the House and Senate.

“This anti-labor action by the Bush adminis-tration is another of so many reasons why, onElection Day in November, we must elect alabor-friendly president and increase the labor-friendly majority in Congress,” said UTU Inter-national President Mike Futhey. “Sen. BarackObama stands with labor on this and otherbread-and-butter economic and safety issues.”

“Opposition to opening the border by givingunrestricted U.S.-highway access to Mexicantrucks – and, perhaps, buses, and later Mexicanlocomotives and Mexican locomotive engineers

– “is not a matter of protectionism or dislike ofour Mexican neighbors,” Futhey said. “It is amatter of public safety and national security asmade clear by both Republicans and Democratsin Congress, as well as highway safety advocates,who oppose this Bush administration action.”

In 2007, the Bush administration’s DOTapproved a one-year pilot project to permit alimited number of Mexican trucks full access toU.S. roads, even though Congress indicated its

Bush extends Mexican truck access; are buses and locomotives next?disapproval, citing concerns over unresolvedsafety issues, including driver training, abilityto read highway signs in English, and vehiclesafety concerns.

Federal Motor Carrier Safety Administrationhead John Hill, a Bush appointee, defended theBush administration’s actions by saying it wasnecessary for economic reasons, meaning thepresident, as with so many truck, bus and railroadcompanies, places profits above safety.

How will your family survive financially when you die? Will they have toexhaust your savings? Will they be forced to sell your home? What about yourchildren’s education?

The month of September is dedicated to educating Americans about life insurance. According to theLife and Health Insurance Foundation, 81% of Americans say they need life insurance. If you’re one ofthe 81%, where will the money come from to pay for your funeral, monthly expenses, mortgage paymentsor car payments? What about your children? Will they be taken care of? Will they be uprooted from thecomforts of your home to live somewhere more affordable?

These are some very difficult questions that you need to ask your-self right now! September is the time to look at your family’s finan-cial future with open eyes. Do not put it off for one more minute.Call today before it’s too late.

Don’t makes excuses“Life insurance is too expensive – I can’t

afford it.” Not having life insurance can befinancially devastating to your family. It couldcost them the comforts of living the life you’veestablished. UTUIA has affordable insuranceplans to fit any budget.

“I have coverage through my employer. ”The coverage provided through your employ-er is not sufficient. Talk to your UTUIA rep-resentative and let him explain the differentinsurance plans available.

“I don’t have time right now. I’ll look intoit when things slow down.” You can put offcleaning out the garage, because you know itwill be there tomorrow. What you don’t knowis if you’ll be.

Information, please

I would like more information on UTUIA’s life insurance plans.

Please print

Full name

Address

Telephone number with area code

City State

Sex Male Female

ZIP

UTU local numberDate of birth

Complete and mail to: UTUIA Sales Dept., 14600 Detroit Ave., Cleveland, OH 44107-4250 09/08

❑ ❑

September is Life Insurance Awareness Month


Page 10 September 2008 UTU News

UTU protests new ruleContinued from page 1

State directors tappedContinued from page 1

Contracts pass on CP/Soo, Fore River

“I am proud to stand with UTU in our jointefforts to build an America that values the laborof every American and rewards it with a few basicguarantees – wages that can raise a family, healthcare if we get sick, and a retirement that’s digni-fied,” wrote Obama.

Many of UTU’s newest members already haveasked how they can help in the effort to electObama to the White House and elect otherlabor-friendly candidates to Congress.

More than a score of first-time attendees wereat the Nashville regional meeting, promptingGeneral Secretary and Treasurer Kim Thompsonto ask, “Who are these people who scurry every-where? They didn’t linger in the hallways. Theyscurry from educational session to educationalsession,” Thompson said, “and they keep askingquestions.

“It is this degree of enthusiasm that will servelabor well on Election Day and propel the UTUforward in the future,” Thompson said.

Blake Wincentsen of Cottage Grove,Minn., whose father Patrick is a member ofLocal 650 in Minneapolis, has been awardeda $1,000 Union Plus scholarship.

“ With credit so tight, prices rising and few-er loans available to students who want to

attend college, scholarshipprograms like these aremore important than ever, ”says Leslie Tolf, president ofUnion Privilege, the organ-ization that administers thescholarship program.

Blake has held a part-timejob for more than two yearswhile serving as captain of

her soccer team, keeping up excellent gradesand maintaining a wide array of interests.

One of her favorite activities is a mentoringprogram in which she “shadows” a neonatologistin the neonatal intensive care unit at her localhospital. Of that work, she notes, “It would beamazing if I could one day give parents that joy”of knowing their newborns are doing well.

She is planning to major in nursing, butmedical school may be in her future.

“ We know deep down in our hearts that ourdaughter will become a doctor,” say her par-ents, Pat and Lisa Wincentsen, “because of thedrive and determination she has shown.”

Blake’s mother is already in the medicalfield and is a member of the Minnesota Nurs-es Association, an affiliate of the UnitedAmerican Nurses, AFL-CIO (UAN).

Blake is one of 108 students representing40 unions awarded a total of $150,000 inUnion Plus scholarships. The awards aregranted to students attending a two-year col-lege, four-year college, graduate school or arecognized technical or trade school.

Please visit www.unionplus.org/scholar-ships for information on eligibility and toreceive a notification when the application isavailable for next year’s scholarships.

Union Privilege offers an array of UnionPlus benefits that save money for unionmembers and their families. Union memberscan visit www.unionplus.org to find outwhich programs their unions offer. Membersalso can access the site through www.utu.org.

Wincentsen

UTU member’sdaughter winsscholarship

At the Democratic National Convention in Denver, UTU International President Mike Futhey, left, and his wife, April,met with Senate Majority Leader Harry Reid (D-Nev.) and Colorado State Legislative Director Rick Johnson, far right.Futhey also met with House Speaker Nancy Pelosi, former Vice President Walter Mondale and other Democratic Partyleaders. (See President Futhey’s column, p. 4.)

privacy, raise[s] concerns….” The SupremeCourt held in that 1989 decision that there mustbe a prior reasonable cause before requiring anemployee to remove clothing.

In August, the UTU and 32 other AFL-CIOunions petitioned DOT to reconsider implemen-tation of the rule. That request is pending duringthe DOT-imposed delay.

The petition for reconsideration is based onthe fact that the railroad industry has one ofthe lowest rates of positive tests – lessthan 1 percent – where screening isdone randomly. That very low rate ofpositive tests in random-drug screen-ing makes the new rule an unwarrant-ed and significant expansion of exist-ing direct observation testing.

Moreover, the new rule is vague onspecifically what constitutes the require-ment for additional direct observation of urinetests, and appears to give carriers wide latitude inordering direct observation.

The new rule, now delayed, adds new sections40.67(b) and 40(i) to 40 CFR Part 40.

It would be required that where return-to-dutyor follow-up testing is performed, a same-sexobserver is to request the employee “to raise hisor her shirt, blouse, or dress/skirt, as appropriate,above the waist; and lower clothing and under-pants to show you, by turning around, that they

do not have a prosthetic device. After you havedetermined that the employee does not havesuch a device, you may permit the employee toreturn clothing to its proper position forobserved urination.”

The new rule further requires the observer to“watch the employee urinate into the collectioncontainer. Specifically, the observers must per-sonally and directly watch the urine as it goesfrom the employee’s body into the collectioncontainer. If it is a multi-stall restroom, theobserver must enter the stall with the employee.”

Of the new rule, UTU International Presi-dent Mike Futhey said, “statistics do not

warrant such invasive procedures basedon vague wording and apparent widecarrier latitude for ordering directobservation tests.”

In joining with rail labor in thecourt challenge, BNSF said, “We

believe that our employees are entitledto be treated with dignity and respect at

the workplace, and this new regulation isan intrusion on employees.”

In addition to UTU and BNSF, those joiningin the federal court challenge include: the Broth-erhood of Locomotive Engineers and Trainmen,the Brotherhood of Maintenance of WayEmployes Division, the American Train Dis-patchers Assn., the Brotherhood of Railroad Sig-nalmen, the Transportation CommunicationsInternational Union, the International Brother-hood of Electrical Workers, and the NationalConference of Firemen and Oilers.

New agreements have been reached on tworail properties with UTU-represented employees.

Almost eight in 10 CP/Soo Line employeesrepresented by the UTU voted to ratify a newf o u r-year agreement, retroactive to July 2005,affecting wages, rules and working conditions forconductors, brakemen, switchmen,firemen and hostlers.

The agreement largely mirrors thenational rail agreement recently rati-fied by UTU members. A difference isthat the CP/Soo Line agreement pro-vides for entry rates to reach 100 per-cent wage parity within three years.

CP/Soo Line also will implement anautomated yard-job selection process,which General Chairperson James Nelson (GO261) says will create additional UTU jobs andgive the UTU a voice in further developmentand enhancement of the process.

Also, a new time limit on grievances will speedthe handling of discipline cases and time claims.The agreement includes a COLA, propertyaccess to yard service, daily mark-up preferences,plus railroad national health-care plan benefits.

International Vice President John Babler, who

assisted with the negotiations, praised the effortsof Nelson, who thanked the local chairpersonsfor “their input and assistance. He also praisedthe 63 percent of members who returned ballots.The tentative agreement that was ratified was

reached in just two negotiating sessions,although Section 6 notices were served inNovember 2004.

“Jim Nelson jump-started what wereclearly stalled negotiations,” Babler said.“It was through Jim’s tireless efforts andpreparedness at the negotiations that agreat agreement was achieved for themembership.”

On Fore River Transportation, the for-mer Fore River Railroad, General ChairpersonGeorge Casey reports that a three-year agreementhas been reached, with a general wage increase of11 percent over the span of the agreement.

“ We improved the vacation agreement by reduc-ing eligibility time, and dropped to 20 years the eli-gibility for five weeks of vacation,” Casey said. “Themembers also are party to the GA-23000.”

“I also want to recognize the assistance ofLocal Chairperson Kevin Linnagan in reachingthis settlement,” Casey added.


September 2008 UTU News Page 11

Paula Grant has worn many UTU hats duringher career. She started with the UTU in 1988 asa computer operator, running the big mainframe

computer. She became a com-puter programmer in 1998,writing software in COBOLcode (ah, the good old days.)She moved to the Data EntryDepartment in 2005, enteringdata on members and theirinsurance. She became a localbilling auditor two years ago,

and helps local officers and members with theirdues and insurance billing problems. “I have real-ly gotten to see how the UTU runs,” she said.

Ashley Nitschke, who has worked as a fileclerk for the UTU since 2005, had better knowher ABCs. Without that, she’s sunk. Nitschke

helps keep arranged and organ-ized the more than 150,000separate and individual files inthe union’s main file room.Each file is color coded to helpensure it’s never lost or mis-filed. “I take care of the files,”Nitschke said. “I pull them soothers can work them, then I

put them back. The best part of my job is my boss,Jerry Palmer; he’s awesome. The worst part is thecorrespondence; it piles up so fast unless you keepat it. There’s always a flurry of paper aroundhere.” Ashley is the daughter of Cary Nitschke,UTU and UTUIA’s senior information systemstechnical specialist.

Jeff Weisbarth serves as director of the Mem-bership Services Department. He started in theSupply Department in 1975, moving to the

Research Department in 1978.Weisbarth deals extensivelywith health-care providers,answers questions abouthealth-care benefits and worksto resolve claim issues betweenmembers and the health-careproviders. Weisbarth alsoassists general chairpersons on

matters involving national agreement wage/ruleprovisions and researching claims and griev-ances, in addition to processing Public LawBoard and mediation requests to the NMB.“Members have an advocate in Cleveland whendealing with medical claim issues and I do all Ican to help obtain their full benefits,” he said.

THE UTU INTERNATIONAL STAFF:HERE TO SERVE YOU

PA U L A GR A N T ASHLEY NITSCHKEJEFF WEISBARTH

MITCHELL A. KAYECoffey, Kaye, Myers & OlleyTwo Bala Plaza, Ste. 718Bala Cynwyd, PA 19004-1514(610) 668-9800(800) 334-2500 toll freewww.felaattys.com

When you are injured on the job, you should call a UTU Designated LegalCounsel immediately. The railroads have attorneys and others workingagainst you; you need counsel to protect your rights. The UTU has selectedlawyers based upon their trial skills in handling FELA claims and dealingwith the complexities unique to the railroad industry.

TOM R. LETBETTERGarrett, Letbetter & Payne2500 Tanglewilde, Ste. 278Houston, TX 77063(713) 783-2200(800) 457-3352 toll [email protected]

“Kick.” “Penalty defect.” “CFR.” “In whole or in part.” “Retarder.” “MU.”“Sill step.” “Pin lift.” “GCOR.” If you have to explain terms like these for alawyer to understand how you were hurt, you are probably not talking to aUTU Designated Legal Counsel. There is no substitute for counsel desig-nated by the UTU because they know railroads and railroad law.

There is no more dangerous work environment than on the railroads,where injuries too often are severe. The Federal Employers’ Liability Act(FELA) makes railroads accountable for unsafe working conditions. Rail-roads retain skilled attorneys to protect their interests. You also have accessto skilled and experienced attorneys who understand the railroad industry, its

safety hazards, and every aspect of the FELA. They are the UTU DesignatedLegal Counsel, chosen for their special knowledge and experience. Their jobis to represent you. This continuing column introduces you to all of the UTUDesignated Legal Counsel. For a complete listing, go to the UTU home pageat www.utu.org and click on the blue tile, “Designated Legal Counsel.”

Meet your UTU Designated Legal Counsel

Says UTU Local 1470 member MichaelSternfeld, “When I was recalled to active dutyand served in Iraq in 2005/2006, I visited withSen. Biden during his fact-finding trip. If youwant a return to sane foreign policy andimproved passenger rail transportation, the Oba-ma/Biden ticket is the one.”

Biden’s son, Hunter, serves on the Amtrakboard of directors and, in stark contrast to manyformer Amtrak board members, Hunter Bidenactually rides Amtrak frequently – although notas frequently as his senator father.

UTU Illinois State Legislative Director Joe

Szabo, who serves as a transportation policyadviser to the Obama-for-president campaign,says that “freight railroaders, as well as Amtrakemployees, will be especially well-served with JoeBiden as vice president. This is because Sen.Obama has emphasized he wants a vice presidentwho will serve as a trusted adviser – and we knowthat Joe Biden’s advice on rail-labor issues will bethe same as if UTU members were doing theadvising,” Szabo says.

Support for Amtrak is especially importanteven to freight railroaders, because withoutAmtrak’s more than 20,000 employees con-

Biden brings ticket a lunch-pail perspective “If the UTU were able to pick a vice presi-

dential candidate for Barack Obama, wec o u l d n ’t have done better than Sen. JoeBiden,” says UTU National Legislative Direc-tor James Brunkenhoefer.

“The UTU has endorsed Joe Biden since he firstran for the Senate in 1972, and he has earned our

backing in everyelection since,”Brunkenhoefer said.“There isn’t a mem-ber of Congress whorelates better toworking men andwomen or is morep r o -Amtrak andpro-transit than JoeBiden. This guybleeds his blue-col-lar roots.”

Perhaps Biden’sfinest hour as apro-labor senator

occurred during the lowest point in negotiationswith Amtrak a couple years ago, when Biden tolda labor rally in Washington, D.C., that Amtrakemployees had been “waiting long enough” for awage increase and that he would support a strike.

Biden commutes on Amtrak almost everyworking day between his home in Wilmington,Del., and Capitol Hill, and makes it a point tochat at length with crew members about theirjobs, their work-related concerns and their fami-lies, Brunkenhoefer said.

tributing to the Railroad Retirement fund, Rail-road Retirement would be in severe long-termfinancial distress.

Were Amtrak foe John McCain to be elect-ed, Amtrak would be in McCain’s crosshairs.McCain, and other conservatives who supportprivatization of Amtrak, also support takingAmtrak employees out of Railroad Retire-ment, which could spell the eventual end ofRailroad Retirement.

General Chairperson Al Nowlin (GO 569)recalls a dinner in Independence, Mo. “Severalother UTU members were also there, includingLarry Foster, Kenny Backes and Andy Kinne,”says Nowlin.“When Sen. Biden entered theroom, he began shaking hands with people as hemade his way toward the stage. One of our grouptold Sen. Biden that he was with the UTU. Thesenator’s face lit up. He said that UTU has beenwith him since he first began his political career,and he would never forget the UTU. Then hehugged our UTU member like they were oldfriends, even though the only thing he knew ofhim was that he was with the UTU.”

UTU International President Mike Futheysays of Biden: “His roots are in communitieswhere blue-collar families carry lunch pails towork; and while Sen. Biden wears suits to workon Capitol Hill, he has never lost his lunch-pailperspective. He speaks his mind, he tells thetruth, he stands his ground and he supportsorganized labor at every opportunity.”

Biden

“He speaks his mind, he tells the truth,he stands his ground and he supportsorganized labor at every opportunity.”

This month’s winning photo:

Periodicals Postage

PAID at Cleveland, Ohio,

and Additional

Mailing Offices

ISSN 0098-5937

Published monthly (except forcombined months of Dec-ember/January and July/August)by the UNITED T R A N S P O RTA-TION UNION, 14600 DETROITAVE., CLEVELAND, OH 44107-4250 • Periodicals postage paidat Cleveland, Ohio, and addition-al mailing offices • Mike Futhey,International President; KimThompson, General Secretary &Treasurer • This publication avail-able on microfilm from NationalArchive Publishing, P.O. Box 998,Ann A r b o r, MI 48106.POSTMASTER: Send addresschanges to UTU News, 14600Detroit Ave., Cleveland, OH4 4 1 0 7 - 4 2 5 0 .

SEPTEMBER 2008

Please recycle

This month’s winning photo:The UTU Public Relations

Department awards UTU gearto the union member who sub-mits the best photograph dur-ing the previous months.

The winning photo will bepublished in the UTU News.Exceptional photographs willbe included on the UTU Website.

The UTU would like to seephotographs or digital photo-graphs of work-related scenes,such as railroad, bus or masstransit operations, new equip-ment photos, scenic shots,activities of your local, or pho-tos of your brothers and sisterskeeping America rolling.

Printed photographs shouldbe mailed to UTU News,14600 Detroit Ave., Cleveland,OH 44107.

High-resolution digital pho-tographs should be in the JPEGformat and e-ma i led to“[email protected]”.

With each photograph,please include your name andUTU local number, the namesof the persons in the photo (leftto right), where the photo wastaken, and all other pertinentinformation.

All photographs submittedbecome property of the UTU.

Remember to review youremployer’s policies regardinguse of cameras on the propertyor during work hours.

This month’s winning photograph was taken by George Landrock, an Amtrak locomotiveengineer and member of Local 117 in Va n c o u v e r, Wash. “This is a photo of B N S F ’s west-bound grain train passing the Va n c o u v e r, Wash., passenger depot. The train is headed for theRivergate grain facility to unload; it’s one of many in the Portland-Vancouver area.”


No kidding around: Seewhat happened inNashville. See pages 6/7.

Retiree Gene LaHote:UTUIA Volunteer ofthe Year. See page 9.

Brenda Malphrus askedfor elbow grease, andshe got it. See page 2.

UTU members: Getready to elect your localofficers. See page 5.

Inside this issue of the UTU News:

4 0

The Official Publication of the United Transportation Union

Nu mber 9Volume September 2008

www.utu.orgwww.utuia.org

WASHINGTON – The first meaningful rail-safetylegislation in two decades is poised to become law afterthe entire Senate, in August, approved the RailroadSafety Enhancement Act, S. 1889.

A separate and slightly different measure passed theHouse of Representatives in 2007 – the Federal RailroadSafety Improvement Act, H.R. 2095.

Now it is up to a joint House/Senate conference com-mittee to iron out differences in the two bills and returna single, final version to both chambers for approval.President Bush is expected to sign that final measure,owing to its strong bipartisan support.

As with the House bill, the Senate rail-safety billwould make changes in the hours-of-service law and pro-vide more rest time, and require railroads to reduce thelimbo time imposed on train crews for which there is nocompensation.

The Senate bill also would require railroads to developsafety-risk reduction programs, and expand mandatoryemployee safety training.

At the request of the UTU, a provision in the Senatebill provides that hours-of-service changes affecting justpassenger and commuter railroads be delayed for threeyears to permit further study.

Senate sponsor and long-time UTU friend Frank Laut-enberg (D-N.J.) said of the bill, “A 21st-century rail sys-

tem cannot run on safety laws from decades ago. We arerisking people’s lives by letting train crews work too longand leaving highway crossings unsafe.We need to decrease the risk of injuryand death through smarter regulationand modern technology.”

UTU International PresidentMike Futhey thanked National Leg-islative Director James Brunkenhoe-fer for his “dogged efforts to break alegislative deadlock in the Senateand get this rail-safety bill to the Sen-ate floor where we knew we had thevotes for its passage.

“The Senate votes were there,” Futhey said, “becauseof the grassroots work of active UTU members, UTUAlumni Association members and UTU Auxiliary mem-bers who made the phone calls and sent the e-mails tosenators – messages that provided concrete examples ofhow fatigue affects train crews and endangers the public.”

Given the grassroots support generated for the bill,coupled with true-to-life horror stories involving traincrews forced to work without sufficient rest, carrierswere unable to stop the progress of the bills in theHouse and Senate. To stay current, monitor www.utu.organd sign-up for UTU e-mail alerts.

R a i l - s a f e ty bill poised to become law

Lautenberg