BLET Central Region GCA

2009-03-30T13:12:00.001-07:00

FRA cracks down on harassment of injured rail workers

CLEVELAND, March 30 — BLET National President Ed Rodzwicz today hailed action by the Federal Railroad Administration to crack down on the harassment and intimidation of injured rail workers.

In today’s Federal Register, the FRA published a worker-friendly interpretation of 49 CFR Part 225-Harassment and Intimidation Prohibition. The FRA now interprets harassment and intimidation of workers to occur when railroad supervisors accompany injured employees into an examination room.

“Workers often feel uncomfortable or intimidated when a representative of railroad management enters the doctor’s examination room after the worker has sustained an on-the-job injury,” President Rodzwicz said. “On behalf of all BLET members, I thank the FRA for clarifying this point and improving the protection of injured rail workers.”

There are exceptions to the rule — a railroad supervisor can enter the exam room if the injured employee issues a voluntary invitation, or if the employee is unconscious or unable to communicate and the supervisor’s input is needed to provide material information to the physician.

The rule came about after injured workers complained that unwelcome railroad supervisors entered exam rooms in an attempt to persuade doctors to issue less severe diagnoses. The less severe the diagnosis, the less likely the injury would have to be reported to the FRA.

The FRA can issue harsh financial penalties to rail companies for harassing and intimidating workers.

“This new rule protects the privacy of our members and allows them to have the same doctor-patient confidentiality that all Americans enjoy,” President Rodzwicz said. “The BLET sees this favorable interpretation as a step in the right direction by the FRA.”

A copy of the interpretation is available on the BLET website at:
http://www.ble-t.org/pr/pdf/49CFRPart225H&I.pdf

Monday, March 30, 2009
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4786

Harassment & Intimidation Interpretation From FRA

2009-03-30T07:37:00.001-07:00

Brothers,

Attached and below is the FRA interpretation of 49 CFR § 225.33(a)(1) prohibiting harassment and specifically addressing railroad supervisors going into the examination room during the exam of injured employees.

Please distribute this information to our membership.

Fraternally,

Gil Gore

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

Railroad Accidents/Incidents: Reports

Classification, and Investigations

AGENCY: Federal Railroad

Administration (FRA), Department of Transportation.

ACTION: Notice of interpretation.

SUMMARY: FRA is issuing this notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room. This notice of interpretation informs the regulated community as to when such behavior constitutes harassment or intimidation calculated to discourage or prevent the reporting of an accident, incident, injury or illness. This document is not intended to address or impact statutory provisions related to providing ‘‘prompt medical attention, as enforcement of those provisions fall within the jurisdiction of the U.S. Department of Labor.

FOR FURTHER INFORMATION CONTACT:

Douglas H. Taylor, Staff Director,

Operating Practices Division, Office of

Safety Assurance and Compliance, FRA,

1200 New Jersey Avenue, SE., RRS–11,

Mail Stop 25, Washington, DC 20590

(telephone 202–493–6255); or Zeb

Schorr, Trial Attorney, Office of Chief

Counsel, FRA, 1200 New Jersey Avenue

SE., RCC–11, Mail Stop 10, Washington,

DC 20590 (telephone 202–493–6072).

SUPPLEMENTARY INFORMATION:

I. Background

Section 225.33(a) of Title 49 of the Code of Federal Regulations requires each railroad to ‘‘adopt and comply with a written Internal Control Plan addressing the railroad’s policies and procedures regarding accident/incident reporting. This section further requires that such Internal Control Plans include, at a minimum, a ‘‘policy statement declaring the railroad’s commitment * * * to the principle, in absolute

terms, that harassment or intimidation of any person that is calculated to discourage or prevent such person from receiving proper medical treatment or from reporting such accident, incident, injury or illness will not be permitted or tolerated * * *.’’ The FRA Guide for Preparing Accident/Incident Reports also notes that ‘‘many railroad employees fail to disclose their injuries to the railroad or fail to accept

reportable treatment from a physician because they wish to avoid potential harassment from management or possible discipline that is sometimes associated with the reporting of such injuries.’’ FRA Guide, Ch. 1, p.8. The FRA Guide goes on to state that supervisory personnel and mid-level managers in some instances ‘‘are urged to engage in practices which may undermine or circumvent the reporting of injuries and illnesses.’’ Id. FRA is aware of incidents in which a supervisor or other railroad official (hereinafter collectively referred to as the ‘‘supervisor’’) has accompanied an injured employee into an examination room, or other room in which the injured employee received medical treatment (hereinafter collectively referred to as the ‘‘examination room’’). While FRA is concerned that injured employees in such situations may not receive complete or prompt medical treatment, responsibility for ensuring that such treatment is afforded has been assigned by Congress to the Department of Labor. FRA is concerned that when accompanied by a supervisor an injured employee may be discouraged or otherwise prevented from reporting an accident, incident, injury or illness. Similarly, a supervisor may influence the type or extent of medical treatment afforded the employee in an effort to affect the reportability of that injury. Although concerns have been expressed as to the need for a railroad to determine

the extent of an employee’s injuries, FRA does not believe that such concerns outweigh the potential pitfalls and problems associated with the practice of having supervisors accompany injured employees while they receive care from their physicians. Moreover, physicians are in the best position to evaluate the health of injured employees and the presence of a supervisor during such examinations would not, in most cases, add any value to the treatment of an employee and would, in general, be a distraction to both the employee and the physician.

The purpose of this document is to articulate a general principle regarding what behavior constitutes harassment or intimidation in violation of § 225.33(a)(1) in the particular context of supervisors accompanying injured employees in examination rooms. The interpretation contained in this notice reflects the longstanding position of FRA regarding this practice. This document is not intended to address or impact the meaning or application of the statutory provisions contained in 49 U.S.C. 20109 related to providing ‘‘prompt medical attention,’’ as enforcement and application of those provisions fall within the jurisdiction of the U.S. Department of Labor

II. Interpretation

A. General Principle

Harassment and intimidation occur in violation of § 225.33(a)(1) when a railroad supervisor accompanies an injured employee into an examination room, unless one or more of the exceptions listed in section II(B) of this notice exists.

B. Exceptions

FRA recognizes that there are limited circumstances in which it is appropriate, and indeed preferable, for a supervisor to accompany an injured employee into an examination room. Thus, FRA believes that limited exceptions to the general principle articulated in section II(A) of this notice are necessary. Consequently, FRA recognizes the following limited exceptions:

(1) The injured employee issues a voluntary invitation to the supervisor to accompany him or her in the examination room. The injured employee must issue this invitation freely, without coercion, duress, or intimidation. For example, an injured employee may seek the attendance of a supervisor where the supervisor is a friend. This exception does not encompass invitations issued by third parties, including physicians, unless the invitations are made pursuant to the request of the injured employee.

(2) The injured employee is unconscious or otherwise unable to effectively communicate material information to the physician and the supervisor’s input is needed to provide such material information to the physician. In these circumstances, the supervisor is assisting the injured employee in providing information to the physician so that the injured employee may receive appropriate and responsive medical treatment.

Issued in Washington, DC, on March 24,

2009.

Jo Strang,

Acting Deputy Administrator, Federal

Railroad Administration.

[FR Doc. E9–6953 Filed 3–27–09; 8:45 am]

BILLING CODE 4910–06–P

From: Policy, Kathleen [mailto:policy@ble-t.org]
Sent: Monday, March 30, 2009 8:39 AM
To: _General Chairmen US GCA; _Legislative Chairmen US GCA
Cc: Tolman, John; Pontolillo, Tom; Stephen J. Bruno
Subject: harassment & intimidation interpretation

The FRA issued the attached notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room.

Kathleen Policy

Legislative, Political & Regulatory Coordinator

Brotherhood of Locomotive Engineers and Trainmen

Teamsters Rail Conference

25 Louisiana Ave. NW

Washington, D.C. 20001

Office: (202) 624-8766

Cell: (202) 552-9328

Fax: (202) 624-3086

policy@ble-t.org

www.bletdc.org

Railroad Retirement Tier I and II Earnings Limits Increase

2009-01-20T06:35:00.001-08:00

January 19, 2009 | 11:40 a.m. CST

The amounts of compensation subject to Railroad Retirement Tier I and Tier II payroll taxes will increase in 2009; however, the Tier I tax rate on employees and employers remains unchanged.

Tier I and Medicare Tax in 2009 will remain at 6.20 percent and 1.45 percent respectively; however, the maximum amount of an employee's earnings subject to the 6.20 percent rate will increase to $106,800 in 2009 from $102,000 in 2008.

Railroad Retirement Tier II tax rate on employees will remain at 3.9 percent in 2009, and the rate on employers will remain at 12.1 percent; however, the maximum amount of earnings subject to Railroad Retirement Tier II taxes will increase to $79,200 in 2009 from $75,900 in 2008.

The unemployment insurance tax rates on railroad employers in 2009 will range from 2.15 percent (the minimum basic rate of 0.65 percent plus the 1.5 percent surcharge) to a maximum of 12 percent on monthly compensation up to $1,330.

If you have questions about Railroad Retirement, or railroad unemployment and sickness benefits, please visit the Railroad Retirement Board (RRB), or call your local RRB office. See Year 2009 Railroad Retirement and Unemployment Insurance Taxes for more information on Tier I and II taxes.

FMLA update: Another positive ruling

2009-01-10T15:43:00.001-08:00

CLEVELAND, January 9 — Resolution of the Family and Medical Leave Act (FMLA) continues to unfold in a positive manner for Rail Labor as a group of FMLA arbitrators unanimously overturned additional carrier arguments on January 8.

After receiving the December 2 Award, which sided unanimously with Labor, the carriers filed a request for interpretation. In the December 8 Award, a panel of three arbitrators ruled that the FMLA policies of the four largest Class I railroads (BNSF, CSXT, NS and UP) violate the industry’s national vacation and personal leave agreements.

In the January 2 Award, the arbitrators unanimously rejected the carriers’ suggestions that:

1. Unscheduled leave should be treated differently from scheduled leave for purposes of their ability to force employees to use their paid leave as FMLA leave; and

2. The BLET personal leave agreement should be treated differently than the other national personal leave agreements for FMLA substitution purposes.

“I am pleased the arbitrators unanimously agreed with our position,” BLET National President Ed Rodzwicz said. “I ask for patience from our members as this lengthy legal process continues to unfold.”

Approximately two years ago, the United States Court of Appeals for the 7th Circuit affirmed a lower court ruling that the law did not permit the carriers to override collective bargaining agreement provisions that gave workers control over scheduling paid leave. The legal process has been ongoing ever since.

Regarding the first interpretation question, the Board: “unanimously agree[d] that, just as no substitution of such days for FMLA leave may occur after such days are set, neither can it occur before those days are set. We see no legitimate distinction between the two. The carriers are therefore not permitted to require substitution of paid personal leave and/or single vacation days for FMLA leave before those days are set.”

Regarding the second, the arbitrators wrote that they: “similarly see no distinction that would vary the impact of our Award, which we intended to apply to [the BLET] agreement’s subject matter just as it does to all the others. Our Award therefore bars substitution of paid personal leave under the BLET national personal leave agreement.”

The unions are now preparing for the remedy phase of the arbitration. It is expected that a decision on that issue will be issued sometime this spring. Attorneys Mike Wolly and Margo Pave of the firm Zwerdling, Paul, Kahn & Wolly, P.C., are handling the case for BLET and several other Rail Labor unions.

More information regarding subsequent hearings will be made available on the BLET website.

Friday, January 09, 2009
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4754

BLET, labor win big in FMLA arbitration

2008-12-09T07:23:00.001-08:00

CLEVELAND, December 8 — In a decision received this afternoon, a panel of three arbitrators has ruled that the Family and Medical Leave Act (FMLA) policies of the four largest Class I railroads (BNSF, CSXT, NS and UP) violate the industry’s national vacation and personal leave agreements. Among the victors are BLET members working for these railroads.

The BLET, along with ten other unions, had challenged carrier policies that required workers to use paid vacation and personal leave when taking FMLA leave in certain circumstances. Nearly two years ago the United States Court of Appeals for the 7th Circuit affirmed a lower court ruling that the law did not permit the carriers to override collective bargaining agreement provisions that gave workers control over scheduling paid leave. When the Supreme Court declined to hear the industry’s appeal, the stage was set for the arbitration of the matter.

The arbitration panel held that “the parties’ contracts at issue here do, as the District Court posited … ‘grant employees rights in addition to the accrual of vacation and/or personal leave, such as the right to determine when to use their accrued vacation and/or personal leave.’ … In all cases, employers may not unilaterally change scheduled vacations without good cause and appropriate notice. … [O]nce those days are set, no unilateral employer changes may occur without meeting specified contractual standards. These are not insignificant contractual benefits.”

The panel also found that “clear contract language and similar consistent arbitral precedent protect use of personal leave days and individual vacation days from arbitrary or unreasonable unilateral employer action unrelated to operational needs or other contractual standards.” The Award states “The carriers’ policies requiring employees to substitute paid vacation and/or paid personal leave for unpaid FMLA leave do violate the requirements of the national vacation and/or national personal leave agreements.”

According to the Arbitration Agreement, the Award becomes effective on December 16, 2008. On that date, the Agreement provides that “the carriers will immediately discontinue the invalidated provisions of [their] policies.” The arbitrators then will consider “the appropriate remedy for employees who were required to use paid leave for FMLA leave in violation of the national vacation and/or national personal leave agreements.” Assuming no agreed-upon extensions, initial submissions on that question will be due January 15, 2009, and reply submissions on January 30. A hearing then would be held by February 13, with a decision to be issued by April 14.

BLET National President Ed Rodzwicz congratulated those who made this victory possible, and thanked the BLET membership for their patience. “I want to congratulate, first and foremost, Mike Wolly, Margo Pave and the legal team who put on a great case, and our General Chairmen who persisted in keeping this struggle alive on the property and providing us with the data we needed to win. I also want to express my most sincere thanks to the Brothers and Sisters on BNSF, CSXT, NS, and UP for hanging in there throughout the many years that have passed while we fought to vindicate their vacation and personal leave rights.”

The Award is available for download as a PDF from the BLET website at:
http://www.ble-t.org/pr/pdf/JSCaseNo3750.pdf

BLET, UTU jointly petition FRA for review of EO 26

2008-11-17T14:59:00.001-08:00

CLEVELAND, November 17 — The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the United Transportation Union (UTU) filed a joint Petition for Review of Emergency Order 26 on November 14, requesting that the Federal Railroad Administration make specific exceptions to the Order in the name of safety.

The Emergency Order was issued on October 7, 2008, and significantly limits employee use of personal electronic devices in locomotive cabs. The ban applies to any electronic device that was not provided to the railroad operating employee by the employing railroad for business purposes.

“It is not our intention to unnecessarily complicate a fairly bright-line rule regarding the use of electronic and electrical devices,” BLET President Ed Rodzwicz and UTU President Mike Futhey said in their Petition for Review. “However, we do believe FRA should seriously consider those atypical situations in which EO 26 as currently written could inadvertently result in a diminution of safety, as compared to operating conditions and practices in effect prior to its promulgation.”

The Emergency Order came about because of the tragic accident in Chatsworth, Calif., which claimed the lives of 25 people on September 12 when a Metrolink passenger train collided with a Union Pacific train. Initial NTSB reports indicated the Metrolink engineer may have been distracted by use of a personal cellular phone while on duty.

“The safety of our members and the general public is the top priority of the Brotherhood of Locomotive Engineers and Trainmen, and these exceptions to Emergency Order 26 will make it much more effective,” BLET President Rodzwicz said. “The best way for our members to comply with the Emergency Order is to turn off their personal electronic devices, store them in their grips, and do not use them until you have been relieved from duty.”

BLET and UTU are seeking an exception to the Order banning the use of personal electronic devices while deadheading. While the unions agree that the Emergency Order seeks to improve safety, they argue that, “since deadheading crews have fulfilled their safety-related responsibilities — and in many cases are not on duty — they should not be restricted to ‘business purpose use’ only.”

To that end, the unions ask the FRA to rewrite a portion of the EO so that it reads: “A railroad operating employee who is deadheading may use a cell phone while within the body of a passenger train or railroad business car, or while inside the cab of a locomotive that is not the lead locomotive of the train on which the employee is deadheading.”

The use of cameras is also called into question. BLET and UTU argue that the EO appears to forbid photographic documentation by a train employee of safety hazards or violations of rail safety laws, regulations, orders or standards, which would actually diminish railroad safety.

On that issue, BLET and UTU ask for an exemption, which would read as follows:

“An electronic still or video camera may be used to document a safety hazard or a violation of a rail safety law, regulation, order or standard; provided, that (1) the use of a camera in the cab of a moving train may only be by a crew member other than the locomotive engineer, and (2) the use of a camera by a train employee on the ground is permissible only when (a) the employee is not fouling a track, (b) no switching operation is underway, (c) no other safety duties are presently required, and (d) all members of the crew have been briefed that operations are suspended. The use of the photographic function of a cell phone is permitted under these same conditions.”

Thirdly, the unions question a section of the EO that prohibits the use of electronic devices such (as calculators) to make computations. The BLET and UTU point out that a number of safety-critical computational functions are required in numerous circumstances if on-board systems fail or are not provided. These include managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length for speed restrictions and clearing track authorities.

A new section regarding exceptions to this portion of the EO should be added, and should be worded as follows:

“When mathematical calculations are required for safe train movement (e.g., managing correct horsepower per ton, calculating tons per operative brake, dynamic brake and tractive effort compliance, and correcting train length), it is permissible to perform such calculations by using an electronic calculator, or by using the calculator function of a cell phone or electronic timepiece.”

Finally, the unions petition the FRA to allow the use of Global Positioning Satellite tracking devices in order to gauge the accuracy of locomotive speed indicators, particularly when the designated measured mile lies within a temporary speed restriction of less than 30 miles per hour.

One effect of EO 26 is to preclude the use of a GPS device to calculate the speed of a train that is not equipped with a speed indicator because the train will not exceed 20 mph. Another is that the accuracy of a speed indicator determined within a slow order of 30 mph or less cannot be correlated with its accuracy at speed above 30 mph. Maintaining proper train speed is both safety-critical and demanded of a locomotive engineers.

The BLET and UTU petition the FRA to consider an exception to the EO for GPS devices, requesting that GPS tracking devices be allowed to verify the accuracy of the speed indicator in a controlling locomotive.

The joint Petition for Review was submitted to FRA today.

“BLET and UTU members will be kept apprised of the situation, and will be advised once FRA responds to our concerns,” Presidents Rodzwicz and Futhey said.

Monday, November 17, 2008
bentley@ble.org

Court of Appeals continues stays on direct observation rule

2008-11-14T19:37:00.001-08:00

CLEVELAND, November 13 — In an order issued yesterday, the United States Court of Appeals for the District of Columbia Circuit has extended its stay of the implementation of a Department of Transportation regulation that would require direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect on November 1.

The stay will remain in effect until the Court considers and rules on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement that were filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway.

The Court also issued the following briefing schedule:

· The Joint Brief of Petitioners is due on December 12, 2008.

· The Brief of Respondent DOT is due on January 12, 2009.

· The Joint Reply Brief of Petitioners is due on January 26, 2009.

In addition, the Court directed that the case be placed on the argument calendar on the first available date following completion of briefing.

Thursday, November 13, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4730

Railroad Employees Flexible Benefits Program

2008-11-07T17:50:00.000-08:00

Brothers,

I have been asked a question regarding the eligibility of engineers covered under the BLET National Agreement for Health and Welfare who are reduced to train service having an entitlement to continue enrollment in the BLET Flexible Spending Plan under the National Agreement. If a member is covered by the BLET H&W Plan for 2009 he/she would be entitled to continue participation in the Flexible Spending Plan throughout the course of the year 2009 even if reduced to train service subsequent to being locked into the BLET H&W Plan for the 2009 calendar year.

I have also provided below the information on the BLET National Division site with links to description of benefits and enrollment forms. Please encourage our membership to participate in this plan because our 2009 participation much reach 5% of our membership to retain the plan beyond 2009. They can elect to participate in as small an amount as $120 for the year ($10 per month deduction). The deadline for enrollment is approaching and it is imperative that those who want to participate enroll by November 12, 2008. This is a very good benefit that we do not want to lose.

Thanking you in advance for your efforts, I remain.
Fraternally,
Gil Gore

Railroad Employees Flexible Benefits Program

In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.

However, the program is in danger of being lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to contact United HealthCare for details when open enrollment begins.

Open enrollment for the plan will begin in the near future. Details on how to enroll will be provided on the BLET website and in the BLET newsletter once open enrollment begins.

In the meantime, the following information is being made available to BLET members so they can learn more about this money-saving plan.

2009 Enrollment Materials

Overview of Railroad Employees National Flexible Benefits Program for 2009 (PDF)

List of eligible carriers and Railroad Codes
(you will need these codes to complete your
enrollment forms) (PDF)

2009 Enrollment Form, Railroad Employees Flexible Benefits Program (PDF)

2009 Claim Form (PDF)

Over-the-Counter Medical Care Items Eligible and Ineligible for Reimbursement Under UnitedHealthcare Plans (PDF)

September 16, 2008
Flexible Spending Account will provide real savings

July 24, 2008
Flexible Benefit Plan information center now available

July 17, 2008
Flexible Spending Account enrollment begins in October

May 30, 2008
Flexible Benefits program allows members to save on health care expenses

Court of Appeals stays direct observation rule

2008-11-01T09:56:00.000-07:00

To All BLET Local Chairmen UP Southern Region

CLEVELAND, October 31 — In an order issued earlier today, the United States Court of Appeals for the District of Columbia Circuit has temporarily stayed implementation of a Department of Transportation regulation that would have required direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect tomorrow.

The stay will remain in effect until the Court considers and rules on an emergency motion filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway to stay the regulation until it has ruled on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement.

Friday, October 31, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4722

Health care cost sharing to increase slightly

2008-11-01T09:38:00.000-07:00

To All Local Chairmen BLET UP Southern Region

CLEVELAND, October 31 — Rail worker cost-sharing contributions toward health and welfare coverage will increase slightly next year, but the increase will not be as much as originally anticipated.
The monthly contribution will increase from $166.25 per month to $170.96 per month beginning January 1, 2009. However, it was expected that the rate would increase to as much as $192 per month.

Health care for all rail labor unions is negotiated jointly through the Cooperating Railway Labor Organizations (CRLO). CRLO is a joint policy holder with the carriers of the Railroad Employees National Health and Welfare Plan, and participates in annual rate-setting meetings on an equal footing with the carriers.

According to the CRLO, the favorable trend in the medical premium for 2009 is in large part due to the removal of almost 20,000 ineligible dependents from the Plan through the recent eligibility audit — a savings of about $30 million for 2009.

In addition, medical claims are predicted to increase at a far lower rate than the national average of all insurance plans due to the implementation of several significant plan improvements, such as Nurse Line, Custom Care Coordination, Disease management, Integrated Behavioral Health, and Wellness Programs (Healthy Weight and Smoking Cessation). All of these changes are designed to improve the health and medical treatment of participants, and thereby reduce the frequency and severity of illness.

The monthly premium rate for the medical portion of the Plan increased a very modest 2.1% to $1,061.46. The Life and Accidental Death and Dismemberment premium decreased 10% to $12.30, while the Dental Plan rate increased by 23.3% to $55.98. The Vision Plan rate remained the same at $10.00.

Employee cost-sharing amounts were set by the 2007 National Agreements at 15% of the premium rates for the above four components of members’ insurance coverage (Medical, Life, Dental and Vision). The total amount of the four components for 2009 is $1,139.74, which is an increase of $31.40, or 2.8% over 2008. The 2009 cost-sharing amount is thus 15% of $1,139.74, or $170.96, an increase of $4.71 over the current amount of $166.25.

“Our cost-sharing increase was far lower than expected and well below the national average, which is a significant accomplishment,” said BLET National President Ed Rodzwicz. “The BLET will continue to work diligently along with the CRLO to keep employee cost sharing to a minimum while moving ahead with the constant improvement of our membership’s benefits.”

Friday, October 31, 2008
bentley@ble.org

Flexible Spending Account Information

2008-10-04T07:18:00.000-07:00

From: Warren Dent [mailto:jwdent1@gmail.com]
Sent: Saturday, October 04, 2008 8:16 AM
To: All Local Chairmen
Subject: Flexible Spending Account Information

Brothers,

You have all seen the messages from the GCA and ND offices about the upcoming annual enrollment for the Flexible Spending Account plan option. Those messages have emphasized the necessity of our increasing the number of active participants in order to protect and preserve this valuable option. We have to have a minimum 5% of the membership participating in the plan or it is lost after December 2009. Current enrollment is below the 5% threshold. I am of the opinion that the reason for this is that most of our membership is in the dark about what the plan is or how they can benefit from it. I must admit that, until recently, I counted myself in that group.

Depending on an individual’s medical circumstances and number of dependents, some Brothers/Sisters have more to gain than others, but the truth is that everyone can derive a benefit from this plan. The minimum contribution is $120 per year but you can earmark up to $3600 annually for medical expenses. The designated annual contribution amount is evenly deducted via payroll throughout the year. The monies contributed are not subject to Federal Income Tax. Therefore, a minimum $120 annual contribution from one in a 25%-33% tax bracket, would net the individual a $30-$40 tax savings on monies he/she was going to spend anyway. Deductibles and co-pays for Doctors, Dentists, Optometrists and Specialists qualify for reimbursement under the plan as do prescription medications and some common over the counter meds. For your info, I have attached some information about over the counter medications that qualify for reimbursement.
Click Here for UHC OTC info

Click Here for IRS OTC info

Click Here for more OTC info

In addition to the medical plan there is also another plan covering dependent care costs, with a maximum annual contribution limit of $5000. While this option might impact a smaller percentage of the membership, for those who qualify, it can be a vitally important benefit.

Understand that contributed monies that go unused over the 12 month period are lost, so I am encouraging those electing to avail themselves of this opportunity to be wise when determining their contribution amount. Even with that in mind, it is easy to see where virtually every member, even if enrolled for only the plan minimum of $120 per year, stands to gain from participation in this plan.

I understand that United Healthcare will be mailing the FSA registration packet to each member sometime next week and we will have about 30 days to respond. I urge each of you to consider whether the plan is right for you. Even if you chose not to participate, I’m asking each of you to spread the word to your membership about the plan and its’ benefits so that they understand what it is about and have an opportunity to make an educated decision concerning their participation. I would hate to see us lose this valuable opportunity and agreement right due to a participation shortfall that was based on lack of knowledge and/or understanding. I just ask that you give it some thought and encourage all those Brothers/Sisters that you influence, or come in contact with, to do the same.

You can view informational articles about the Flexible Spending Account plan on the ND website at www.ble-t.org. If you have any questions, feel free to contact me and I will do my best to get them answered.

Fraternally yours,

Warren Dent

FRA clamps down on use of electronic devices

2008-10-03T15:54:00.000-07:00

CLEVELAND, October 3 — In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.

Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees’ use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.

The uses of electronic devices that are restricted by the Emergency Order include:

· the use of a mobile telephone or another electronic or electrical device to conduct an oral communication;

· placing or receiving a telephone call;

· sending or reading an electronic mail message or text message;

· playing a game;

· navigating the Internet;

· playing, viewing, or listening to a video;

· playing, viewing, or listening to a television broadcast;

· playing or listening to a radio broadcast other than a radio broadcast by a railroad;

· playing or listening to music;

· executing a computational function; and

· performing any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task.

All personal electronic devices — electronic devices not supplied by the railroad — must be turned off and any electronic earpieces must be removed while a train is moving; the only exception is that, when radio failure occurs, wireless communication devices may be used in accordance with railroad rules and instructions. Personal electronic devices also must be turned off with electronic earpieces removed when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train (e.g., during an air brake test). Operating employees may not use personal electronic devices for any purpose other than voice communications.

The use of a railroad-supplied electronic device by a locomotive engineer (including a remote-control locomotive operator) is prohibited while the train is moving or when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train. An operating employee other than a locomotive engineer may use a railroad-supplied mobile telephone or remote computing device in the cab of a locomotive for an authorized business purpose, after a safety briefing, provided that all assigned personnel on the crew agree that it is safe to do so.

A railroad operating employee may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. However, use of the device shall not excuse the individual using the device from the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad''''''''s operating rules and special instructions.

For freight train crewmembers, a railroad operating employee may not use a railroad-supplied electronic or electrical device for an approved business purpose while on duty outside the cab unless the following conditions are met: (1) the employee is not fouling a track; (2) no switching operation is underway; (3) no other safety duties are presently required; and (4) all members of the crew have been briefed that operations are suspended.

The Emergency Order does not restrict an operating employee from using the digital storage and display function of a railroad-supplied electronic device to refer to a railroad rule, special instruction, timetable or other directive. In addition, operating employees may use wireless communication devices as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing duties for the railroad.

In addition to being subject to discipline or dismissal for violating a railroad operating rule governing the use of electronic devices, willful violation of the Emergency Order could subject the violator to a substantial civil penalty. FRA also could move to disqualify a violator from performing safety-sensitive service temporarily or permanently.

BLET National President Ed Rodzwicz endorsed the Emergency Order on behalf of BLET members. "We applaud the NTSB for bringing this information forward promptly, and the FRA for acting quickly," Rodzwicz said. "Sadly, the use of electronic devices has literally become a life and death issue for all operating employees and compliance with the Emergency Order must be absolute," added Rodzwicz.

Click here to view or download FRA Emergency Order 26 in PDF format (30 pages):
http://www.ble-t.org/pr/pdf/FRAEmergencyOrder26.pdf

Teamsters offer Hurricane Ike Disaster Relief assistance in Louisiana, Texas

2008-09-29T18:53:00.001-07:00

CLEVELAND, September 24 — The Teamsters Disaster Relief Fund is accepting applications for assistance from members in Louisiana and Texas after Hurricane Ike damaged homes and property in early September.
Assistance is available to individuals and households in the following Louisiana counties who may have experienced a loss due to this disaster:
Acadian, Beauregard, Calcasieu, Cameron, Iberia, Jefferson, Jefferson Davis, Lafourche, Plaquemines, Sabine, St. Mary, Terrebonne, Vermilion, and Vernon Parishes.
To help increase awareness of this valuable assistance, members who live and work in Louisiana are asked to print and post the following notice at their places of work:
http://www.ble-t.org/pr/pdf/LAikedisasterflyer.pdf
Assistance is also available to individuals and houses in the following Texas counties:
Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington Counties.
To help increase awareness of this valuable assistance, members who live and work in Texas are asked to print and post the following notice at their places of work:
http://www.ble-t.org/pr/pdf/TXikedisasterflyer.pdf
If you or someone you know needs help, please call the Teamsters Disaster Relief Fund office at: (202) 624-8971. If you were impacted by the hurricane, please download and complete the "Request for Help" form available below. The completed "Request for Help" forms (including all requested documentation) must be returned to the Teamsters by Tuesday, October 28, 2008.
Members living in Louisiana who wish to apply for relief should print and complete the following “Request for Help” form:
http://www.ble-t.org/pr/pdf/LAikedisasterrelief.pdf
Members living in Texas who wish to apply for relief should print and complete the following “Request for Help” form:
http://www.ble-t.org/pr/pdf/TXikedisasterrelief.pdf
Wednesday, September 24, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4697
1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

2008-09-21T08:35:00.001-07:00

From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Sunday, September 21, 2008 9:56 AM
To: _NDOfficers; _Legislative Chairmen US GCA; _General Chairmen US GCA; _SpecialReps; _GIA; _ExecStaff
Subject: Spam:***, FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

Brothers and Sisters

Now you know why he selected Senator Biden, our friend.

Frats

John

John P. Tolman

Vice President and National Legislative Representative

Brotherhood of Locomotive Engineers and Trainmen

http://my.barackobama.com/page/community/post/obamaroadblog/gGg4pG

2 Dead, 1 Hurt In Train Crash Near Medford

2008-08-29T15:54:00.001-07:00

Brothers,

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

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

Limo Reporting Hotline Available Online

2008-08-29T02:39:00.001-07:00

Brothers,

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

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

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

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

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

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

Hoping you find this information useful, I remain.

Fraternally,

Gil Gore.

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

2008-08-26T07:42:00.001-07:00

Brothers,

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

To see an online version of this document Click HERE.

Fraternally,

Gil Gore

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

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

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

DOT delays mandatory direct observation regulation to November 1

2008-08-25T16:09:00.001-07:00

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

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

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

to mandatory direct observation during drug tests conducted when a

transportation worker returns to work after a positive drug test and

during follow-up drug tests.

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

being, requires direct observation of urine collection only after an

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

tests.

DOT has not delayed implementation of a related requirement that would

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

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

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

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

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

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

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

its proper position for observed urination."

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

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

during which time interested parties may comment on whether direct

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

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

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

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

Constitution, which protects citizens from unreasonable searches. The

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

for the District of Columbia Circuit.

---

This message was sent by the BLET NewsFlash Service.

To unsubscribe, go to http://www.ble-t.org

FW: Petition for Waiver of compliance

2008-08-18T07:44:00.001-07:00

Brothers,

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

Fraternally,

Gil Gore

Click HERE to view waiver from AAR and ASLRRA.

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

SWCM adds rooms for upcoming convention

2008-08-15T06:13:00.001-07:00

CLEVELAND, August 15 — Alternate hotel arrangements have been made for BLET members who plan to attend the Southwestern Convention Meeting (SWCM) in St. Louis next month.

Alternate arrangements became necessary when the BLET block of rooms at the St. Louis Hilton at the Ballpark became booked. SWCM Chairman Dave Grimes reports that the BLET has secured an additional block of rooms at The Millennium Hotel, which is within easy walking distance of the Hilton in downtown St. Louis.

Room rates at the Millennium Hotel are $135.00 per night, and reservations can be made by calling: (866) 866-8086 or (314) 241-9500. When calling, be sure to ask for the Brotherhood of Locomotive Engineers rate.

Members can also make your reservations by clicking here.

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

Brother Grimes still asks that anyone who currently has a room at the Hilton but has to cancel the reservation to please contact him so he can make the cancellation for you. He will be able to make sure the room goes to someone coming to the SWCM instead of going back into the hotel inventory.

Chairman Grimes also reminds members to submit their registration forms soon — they must be postmarked by August 29 to avoid a late charge. Reservations are available on the SWCM website:
http://www.swcmblet.org

Members can contact Brother Grimes at 573-776-8333 or dgrimes@boycomonline.com.

Hotel information and registration forms for the convention (including poker and golf tournaments) are available from the SWCM website: http://www.swcmblet.org

Unions challenge DOT's "strip search" regulation

2008-08-15T06:01:00.001-07:00

CLEVELAND, August 14 — The Brotherhood of Locomotive Engineers and

Trainmen, along with seven other rail unions and the BNSF Railway, has

filed a lawsuit challenging a new Department of Transportation (DOT)

regulation that would subject employees to a “strip search” during

mandatory drug tests.

The DOT regulation, which would become effective August 25, requires

railroads to directly observe urine collection in all federally-mandated

drug tests involving either a return-to-duty after a positive or invalid

test, or a follow-up test conducted after a positive or invalid test.

Prior to directly observing the specimen donation, the collector also

would be required to subject the worker to a “strip search,” because the

new regulation states as follows:

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

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

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

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

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

its proper position for observed urination.”

The DOT’s “strip search” regulation is being challenged, in part, on the

basis that the mandatory strip searches and observations violate the

prohibition against unreasonable searches contained in the Fourth

Amendment to the United States Constitution. In addition, review is being

sought to determine whether DOT complied with the rule making process of

the Administrative Procedures Act.

BLET National President Ed Rodzwicz blasted the new regulation.

“Forcing a railroad worker to submit to an embarrassing and humiliating

strip search and observed collection without reasonable suspicion is an

outrage,” he said.

Other unions participating in the lawsuit include: the Brotherhood of

Maintenance of Way Employes Division; American Train Dispatchers

Association; Brotherhood of Railroad Signalmen; Transportation

Communications International Union; International Brotherhood of

Electrical Workers; National Conference of Firemen and Oilers; and United

Transportation Union.

In a statement, the BNSF Railway Executive Vice President Carl Ice said:

“There is absolutely no tolerance for alcohol or drug use in our

workplace. But we also believe that our employees are entitled to be

treated with dignity and respect at the workplace, and this new regulation

is an intrusion on employees.”

President Rodzwicz said that if this regulation had been in effect since

FRA began keeping these statistics, almost 21,000 unnecessary strip

searches and direct observations would have been required, “needlessly

humiliating over 99.97 percent of all those required to submit to

return-to-duty or follow-up testing.”

President Rodzwicz also said there is no reason to justify the DOT’s

overly harsh and humiliating regulation.

“There is no documentation whatsoever of adulteration or substitution of a

return-to-duty test in the railroad industry, and not one of the nearly

11,000 return-to-duty and follow-up tests conducted in 2006 and 2007 were

invalidated because of adulteration or substitution,” President Rodzwicz

said.

The joint petition for review was filed on August 13 in the United States

Court of Appeals for the District of Columbia Circuit. The Court of

Appeals is expected to issue a schedule for conducting its review shortly.

Rooms going quickly for SWCM in St. Louis

2008-07-31T21:05:00.001-07:00

CLEVELAND, July 31 — BLET members planning to attend the upcoming Southwestern Convention Meeting (SWCM) in St. Louis should make reservations soon as hotel rooms are going quickly.

The 73rd annual SWCM will be held at the St. Louis Hilton at the Ballpark in downtown St. Louis, Mo., from September 14-18. Please call (314) 421-1776 for room reservations.

Chairman David Grimes and the members of BLET Division 42 have planned a number of activities for BLET members and their families, including: A “Texas Hold’em” poker tournament, with proceeds to benefit the BLET’s SWCM Scholarship Fund; a golf tournament at the Far Oaks Country Club; a trip to the St. Louis Zoo; a dinner cruise on the along the mighty Mississippi River; a shopping trip to Union Station; and a trip to the Missouri Botanical Garden.

Numerous educational workshops are also on the agenda for this year’s SWCM, including: a Radiation Training class; Local Chairman workshop; Secretary-Treasurer workshop; Legislative Representative workshop; and a workshop for new members to introduce them to the BLET and to instruct them how they can help their local officers.

The convention kicks off with opening ceremonies and the BLET closed meeting on September 15, and concludes the evening of September 18 with a banquet dinner and dance.

Hotel information and registration forms for the convention (including poker and golf tournaments) are available from the SWCM website: http://www.swcmblet.org

Flexible Spending Account enrollment begins in October

2008-07-21T01:12:00.001-07:00

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

Thursday, July 17, 2008
bentley@ble.org

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

Teamsters offer Disaster Relief assistance in Missouri

2008-07-03T09:29:00.001-07:00

CLEVELAND, July 3 — The Teamsters Disaster Relief Fund is accepting applications for assistance from members in the state of Missouri after severe storms and flooding caused major damage in the following counties:

Clark, Lewis, Lincoln, Marion, Pike, Ralls and St. Charles.

If you or someone you know needs help, please call the Teamsters Disaster Relief Fund office at: (202) 624-8971. If you were impacted by the storms, please download and complete the "Request for Help" form available below. The completed "Request for Help" forms (including all requested documentation) must be returned to the Teamsters by Monday, August 18, 2008.

To help increase awareness of this valuable assistance, members who live and work in the affected areas are asked to print and post the following notice at their places of work:
http://www.ble-t.org/pr/pdf/MOdisasterflyer.pdf

Members who wish to apply for relief should print and complete the following “Request for Help” form:
http://www.ble-t.org/pr/pdf/MOdisasterrelief.pdf

Thursday, July 03, 2008

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

2008-06-18T13:10:00.001-07:00

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

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

Brothers,

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

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

Fraternally,

Gil Gore

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

Dear Sirs and Brothers:

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

Fraternally,

E. L. Pruitt

BLE-T

Vice President

12265 Home Port Drive

Maureapas, LA 70449

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

DOT Warning On Use of Anti-Smoking Drug Chantix

2008-06-06T10:19:00.001-07:00

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

Subject: FW: Chantix

Brothers,

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

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

Thanking you in advance for your cooperation, I remain.

Fraternally,

Gil Gore

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

Brothers,

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

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

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

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

Fraternally,

Thomas A. Pontolillo

Assistant to the President and Director of Research

Brotherhood of Locomotive Engineers and Trainmen

Ed Rodzwicz new BLET President

2008-03-28T17:58:00.001-07:00

CLEVELAND, March 24 — Ed Rodzwicz is the new National President of the Brotherhood of Locomotive Engineers and Trainmen, effective immediately.

Former National President Don M. Hahs was removed from office on March 20 by order of the International Brotherhood of Teamsters, based upon the recommendations of a hearing panel appointed under Article XIX of the IBT Constitution. Brother Hahs has appealed the decision.

The decision came about after several months of investigation by the Independent Review Board (IRB) and the Article XIX panel. The panel indicated that it was unwilling to conclude that Brother Hahs committed embezzlement; however, it determined that Hahs violated his fiduciary duties to the BLET and its members in connection with the use and control of Cleveland Cavaliers basketball tickets purchased with union funds, travel expenses for his wife, and other personal expenses, thereby bringing reproach upon the IBT in violation of the IBT Constitution. The panel’s recommendation was reissued as a decision of IBT President James P. Hoffa.

In line with the Panel’s recommendations, General President Hoffa also imposed the following penalties upon National President Hahs, effective March 20: Brother Hahs is removed from his current office in the BLET and prohibited from holding any office or employment with the BLET or any affiliated benefit fund, the IBT or any IBT affiliate, until the current term of office for BLET National President has expired in 2010; Brother Hahs is suspended from membership in the BLET and IBT for one year, during which time he shall be barred from having any knowing contact, including social contact, with officers, employees and members of the BLET and IBT and any affiliated entities; and Brother Hahs is fined in the amount of $44,963.97. Members are cautioned against having any knowing contact with Brother Hahs during this one year period.

The decision must be approved by the IRB and the federal court.

Under BLET’s Bylaws, the First Vice President assumes the duties of the National President if the latter is unable to continue holding office for any reason. As General President Hoffa’s decision became effective immediately upon its receipt, BLET First Vice President Edward W. Rodzwicz assumed the duties of National President on March 20.

National President Rodzwicz advises that he is conducting a conference call with the BLET Advisory Board today to discuss the matter in more detail.

FW: [BLE NewsFlash] Teamsters endorse Barack Obama

2008-02-26T13:04:00.001-08:00

-----Original Message-----
From: bentley@ble-t.org [mailto:bentley@ble-t.org]
Sent: Thursday, February 21, 2008 9:11 AM
To: newsflash@192.168.127.13
Subject: [BLE NewsFlash] Teamsters endorse Barack Obama

Teamsters endorse Barack Obama

http://www.ble.org/pr/news/newsflash.asp?id=4587

WASHINGTON, D.C., February 21 - Teamsters General President Jim Hoffa
announced yesterday the union's endorsement of Sen. Barack Obama for
president. The endorsement is the first step in mobilizing the union's 1.4
million members and their families to elect Obama.

"Senator Obama understands the challenges working people face every day,"
Hoffa said. "He is the candidate in the best position to lead our movement
to restore the American dream for working people in this country. Senator
Obama will fight for better wages, real health care reform, stronger
retirement security, fair trade and an end to the outsourcing of good
jobs. He understands the importance of giving workers a voice at work and
will fight for strong unions to help rebuild America's middle class."

The endorsement decision follows a meeting in Austin, Texas, between Hoffa
and Obama, and completes a months-long process that included scientific
polling of Teamster members, surveys of local union and joint council
leaders and deliberations by the union's democratically elected General
Executive Board.

"We have been fortunate to have candidates throughout the Democratic
primary who are friends of working families and the Teamsters Union,"
Hoffa said. "We are pleased that all of the Democratic candidates have
focused on issues of importance to working people, including wages, health
care, retirement security, fair trade and outsourcing."

The union's endorsement immediately activates the union's 50-state
election program, with special emphasis on swing states.

"Senator Obama will stand with the Teamsters when it comes to fighting for
working families," Hoffa said. "This endorsement begins a partnership to
change America. Together we will reinvent the political process and give a
voice to those who have been ignored by the Bush administration for the
past eight years."

Hoffa emphasized Obama's commitment to rebuilding and strengthening the
national transportation infrastructure, a key priority of the Teamsters
Union.

"Senator Obama will fight to rebuild our transportation infrastructure,"
Hoffa said. "He will work with us to address critical issues from our
ports to our highways, rails and airports. We need a president who is
focused on rebuilding America and Barack Obama will be that president."

The International Brotherhood of Teamsters represents more than 1.4
million hardworking men and women throughout the United States, Canada and
Puerto Rico.

---
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What has the BLET done for me lately?

2008-01-30T19:50:00.001-08:00

CLEVELAND, January 18 — It’s a familiar refrain: “What has the BLET done for me lately?”

The answer is quite a lot.

BLET collective bargaining agreements provide our members with some of the highest blue collar wages in the United States, and also include important work rules that ensure our members’ safety on duty.

Often overlooked — but just as important — are the fringe benefits provided to BLET members as part of the Brotherhood’s collective bargaining agreements.

In 2008, BLET members on average will receive more than $31,000 in fringe benefits, according to the BLET’s 2008 Fringe Benefit Study.

The rail carriers will pay an average of $12,919.32 toward membership health care benefits — that’s $12,919.32 per member working under the National Contract.

This does not include what the carriers’ contribute toward the retirees’ health care plan, which is an additional $1,331.76 per member, per year. It also does not include benefits of $548.64 per member, per year toward the dental plan, and $121.92 per member, per year for the vision plan.

“Our medical benefits are among the best in the country,” BLET National President Don Hahs said. “Our members deserve every penny of this fringe benefit.”

These fringe benefits also extend to Railroad Retirement payments. In fact, nearly half of the $31, 282.02 that BLET members receive each year in fringe benefits goes toward Railroad Retirement payments.

For each Class 1 railroad worker covered by the National Contract, rail carriers will contribute $6,324 per year in Railroad Retirement Tier 1 taxes and an additional $9,183.90 per year in Railroad Retirement Tier 2 taxes. That’s a total of $15,507.90. (As a side note, the same railroad workers will each pay $6,324 per year in Tier 1 taxes and $2,960.10 in Tier 2 taxes.)

“Our Railroad Retirement system is strong and healthy, and I hope it’ll be that way for generations to come,” President Hahs said. “As economists provide a dire forecast for Social Security, it is good to know that our members can depend on the reliability of Railroad Retirement.”

The money values set forth in this study are computed on costs actually known as of January 2008, and the estimated value of fringe benefits accruing to operating employees is based on annual wages of $75,900 to $102,000, which are the maximum Tier 2 and Tier 1 Railroad Retirement taxes, respectively.

It should also be noted that the study does not take in to consideration vacations, holidays and other time off benefits, which vary by railroad, class of service and seniority.

“I am proud of the contracts negotiated by the BLET,” President Hahs said. “Railroad jobs are good jobs — the kind of jobs you can depend on to raise a family. The wages and work rules are just as important as the fringe benefits. So the next time someone asks, ‘What has the union done for me lately?’, you can point them to this study and show what the BLET is doing every day to provide its hard working members with decent jobs and decent benefits.”

Members may download a PDF of the 2008 Fringe Benefits report from the BLET website at:
http://www.ble-t.org/FringeBenefits2008.pdf

Friday, January 18, 2008

Supreme Court rejects carriers' attempt to reverse favorable FMLA ruling

2008-01-30T19:48:00.001-08:00

CLEVELAND, January 15 — On January 14, the U.S. Supreme Court announced that it will not consider overruling the favorable decisions obtained by Rail Labor in the ongoing Family and Medical Leave Act (FMLA) litigation.

By denying the carriers’ petition for a writ of certiorari, the Supreme Court decided not to disturb the lower courts’ decisions that the carriers may not rely on the FMLA statute to override BLET agreements. BLET’s legal position has now been fully vindicated.

While the federal court part of this dispute should be over, more work remains to be done.

Unless the carriers reconsider their position regarding settlement, individual BLET General Committees of Adjustment will now have to arbitrate the various claims that have been filed since the dispute started.

“This is an important victory for BLET members and all of Rail Labor,” said BLET National President Don Hahs. “We knew the carriers were violating our collective bargaining rights by forcing members to exhaust personal leave and vacation days prior to taking unpaid leave under the Family and Medical Leave Act. This victory was a long time coming, but it shows what Rail Labor can achieve when we work together.”

The January 14 announcement from the Supreme Court is the latest victory for Rail Labor in a legal dispute that dates to at least three years ago.

In 2005, a coalition of 11 unions challenged a decision made by the major rail carriers to force their employees to exhaust their vacation and personal leave days for FMLA purposes before taking the unpaid leave they are entitled to under federal law. On January 3, 2006, U.S. District Judge Wayne R. Andersen sided with the unions, ruling that the FMLA does not allow carriers to force employees to substitute paid vacation and personal leave for unpaid leave when existing collective bargaining agreements give the employees — not the carriers — the right to decide when to use their paid leave. The court held that “if a CBA gives employees the right to determine when, or in what manner, they take accrued vacation and/or personal leave, an employer cannot force employees covered by that CBA to use such vacation and/or personal leave at a time of the employer’s choosing.”

The carriers appealed the January 3 ruling in District Court, but a three-judge panel of the U.S. Court of Appeals in the Seventh Circuit unanimously upheld the favorable ruling on March 2, 2007. In May 2007, the entire Seventh Circuit Court of Appeals refused a carrier request for a rehearing, after which the carriers took their appeal to the Supreme Court.

Eleven Rail Labor unions are involved in the case. Mike Wolly and Margo Pave of Zwerdling, Paul, Kahn, & Wolly, P.C., are representing the interests of six of the 11 unions — Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Electrical Workers, American Train Dispatchers Association, Brotherhood of Railroad Signalmen, National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association.

President Hahs thanked Wolly and Pave for their leadership in helping Rail Labor achieve this important victory.

Tuesday, January 15, 2008

General Chairman Rightnowar re-elected

2008-01-30T19:46:00.001-08:00

CLEVELAND, January 16 — Charlie Rightnowar was reelected to the office of General Chairman at the Union Pacific-Central Region General Committee’s quadrennial meetings in St. Louis on January 8.

Brother Rightnowar is a member of BLET Division 724 (Salem, Ill.), and joined the Brotherhood of July 1, 1974. This is his third term as General Chairman of the UP-Central Region General Committee.

Also elected were: 1st Vice Chairman Ronnie Rhodes, Division 915 (Alexandria, La.); 2nd Vice Chairman Bob Law, Division 491 (Kansas City, Mo.); 3rd Vice Chairman Chuck Jones, Division 724 (Salem, Ill.); and 4th Vice Chairman Dave Grimes, Division 42 (St. Louis).

Kevin Leyerle of Division 81 (Kansas City, Kan.) was elected to the office of Secretary-Treasurer of the GCofA, while Norman Baker of Division 585 (North Little Rock, Ark.) was elected as Alternate Secretary-Treasurer. Nate Krig of Division 915 (Alexandria, La.) and Wes Taylor of Division 118 (Belleville, Ill.) were elected to the additional General Committee Executive Committee positions.

In attendance were: BLET Vice President Lee Pruitt; Union Pacific-Southern Region General Chairmen Gil Gore; Union Pacific-Western Lines General Chairman Bill Hannah; Teamsters representative David Cameron; Arkansas State Legislative Chairman Terry Todd; and former UP-Central Region General Chairman Dennis Penning.

Designated attorneys from the firms of Yaeger, Jungbauer & Barczak, Schlichter, Bogard & Denton, and Bauer & Baebler addressed the delegates.

The BLET’s UP-Central Region General Committee of Adjustment encompasses 22 BLET Divisions in six different states (Arkansas, Louisiana, Missouri, Illinois, Kansas and Iowa), and represents approximately 1,400 members.

Wednesday, January 16, 2008

FMLA update: Unions waiting for Supreme Court action

2007-11-07T08:45:00.001-08:00

CLEVELAND, November 6 — Several BLET members have contacted the National Division recently regarding the status of the Family and Medical Leave Act (FMLA) court ruling last reported on in May.
In that May 4 update, it was reported that all 11 active judges of the United States Court of Appeals for the Seventh Circuit unanimously rejected the request of the rail carriers to rehear the dispute over whether the FMLA allows management to override agreement provisions to require the employees to substitute their paid vacation and personal leave for unpaid FMLA leave.
That May 4 ruling upheld a March 2 ruling, which blocked carrier efforts to force employees to use their vacation and personal leave days for FMLA purposes, rather than at the times the employees choose as provided in the collective bargaining agreements.
Following that favorable ruling for Rail Labor, the carriers petitioned the Supreme Court for review of the ruling. Presently, the unions have until December 15, 2007 to file their oppositions to the petition. It then takes several months for the Court to decide whether it wants to hear the case. The Supreme Court usually grants petitions in less than a hundred cases from amongst thousands filed in any given year.
If the current schedule is adhered to, it is likely that the Court will not decide whether to take the case until later in the winter or early spring 2008. If the Court does grant the Carriers’ petition, the case then has to be fully briefed on the merits and set for oral argument. Under this scenario, oral argument would not occur until the Supreme Court’s next term, which begins next October. While the BLET and others in Rail Labor are fighting to end the FMLA injustice as quickly as possible, realistically, a final decision is well into the future.
Everyone involved should be reminded that the decision, as it stands, is a victory under the FMLA statute only.
The Carriers still maintain that even without the statute, the applicable collective bargaining agreements themselves allow management to require the employees to use the paid leave they have chosen for other purposes, e.g., vacation, for FMLA purposes. That dispute has to be resolved in Section 3 arbitration. So, in the meantime, members are advised to continue filing claims to document their FMLA disputes with management as the organization waits for the Supreme Court to act.
Eleven Rail Labor unions are involved in the case. Mike Wolly and Margo Pave of Zwerdling, Paul, Kahn, & Wolly, P.C., are representing the interests of six of the 11 unions — Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Electrical Workers, American Train Dispatchers Association, Brotherhood of Railroad Signalmen, National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association.
Tuesday, November 06, 2007
bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4539
© 1997-2007 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

FW: Reporting Events That Can Affect Railroad Retirement Benefits

2007-11-04T15:35:00.000-08:00

Brothers,

Please distribute this information to all members and retirees on your e-mail list.

Fraternally,

Gil Gore

From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Friday, November 02, 2007 9:14 AM
To: _BLE Employees; _ExecStaff; _General Chairmen US GCA; _GIA; _Legislative Chairmen US GCA; _NDOfficers; _SpecialReps
Cc: Policy, Kathleen; Pontolillo, Tom
Subject: Reporting Events That Can Affect Railroad Retirement Benefits

U.S. Railroad Retirement Board

Public Affairs 312-751-4777

844 North Rush Street 312-751-7154 (fax)

Chicago, Illinois 60611-2092 rrb.gov

For Publication November 2007

Reporting Events That Can Affect Railroad Retirement Benefits

Rights to benefits under the Railroad Retirement Act also carry responsibilities for reporting events that may affect the payment of these benefits to the employee or to members of the employee’s family. If these events are not reported, benefit overpayments can occur that have to be repaid, sometimes with interest and penalties.

Events that can affect the payment of a railroad retirement annuity and result in overpayments if not promptly reported include:

· social security or certain other benefit awards, and changes in the amount of such benefit payments;

· post-retirement work and earnings;

· the death of an annuitant;

· changes in marital status;

· a child leaving the care of a spouse or widow(er);

· a student ceasing full-time attendance.

The following questions and answers describe how these events affect railroad retirement benefits and what should be done to prevent overpayments.

1. How can the award of social security benefits result in a railroad retirement annuity overpayment?

The tier I portion of a railroad retirement annuity is based on both the railroad retirement and social security credits acquired by an employee and reflects what social security would pay if railroad work were covered by social security. Tier I benefits are, therefore, reduced by the amount of any actual social security benefit paid on the basis of nonrailroad employment, in order to prevent a duplication of benefits based on the same earnings.

The tier I dual benefit reduction also applies to the annuity of an employee qualified for social security benefits on the earnings record of another person, such as a spouse. And, the tier I portion of a spouse or survivor annuity is reduced for any social security entitlement, even if the social security benefit is based on the spouse’s or survivor’s own earnings. These reductions follow principles of social security law which, in effect, limit payment to the higher of any two or more benefits payable to an individual at one time.

Since 1975, if a railroad retirement annuitant is also awarded a social security benefit, the Social Security Administration determines the amount due, but a combined monthly dual benefit payment should, in most cases, be issued by the Railroad Retirement Board (RRB) after the railroad retirement annuity has been reduced for the social security benefit.

A person should notify the RRB when he or she files for social security benefits. If the Social Security Administration begins paying benefits directly to a railroad retirement annuitant without the RRB’s knowledge, an overpayment will occur. This frequently happens when a railroad employee’s spouse or widow(er) is awarded social security benefits not based on the employee’s earnings.

Also, annuitants who are receiving their social security benefits directly from the Social Security Administration must notify the RRB if their social security benefits are subsequently increased for any reason other than annual cost-of-living increases, such as a recomputation to reflect post-retirement earnings. As such recomputations are usually retroactive, they can result in substantial overpayments.

While social security benefit information is provided to the RRB as a result of routine information exchanges between the RRB and the Social Security Administration, it will generally not be provided in time to avoid such a benefit overpayment.

2. What other types of benefit payments, besides social security benefits, require dual benefit reductions in a railroad retirement annuity?

For employees first eligible for a railroad retirement annuity and a Federal, State or local government pension after 1985, there may be a reduction in tier I for receipt of a public pension based, in part or in whole, on employment not covered by social security or railroad retirement after 1956. This also applies to certain other payments not covered by social security, such as payments from a non-profit organization or from a foreign government or a foreign employer. However, it does not include military service pensions, payments by the Department of Veterans Affairs, or certain benefits payable by a foreign government as a result of a totalization agreement between that government and the United States.

The tier I portion of a spouse or widow(er)’s annuity may also be reduced for receipt of any Federal, State or local pension separately payable to the spouse or widow(er) based on her or his own earnings. The reduction generally does not apply if the employment on which the public pension is based was covered under the Social Security Act throughout the last 60 months of public employment. (This 60-month requirement is being phased in over a 5-year period ending March 1, 2009, and there are some exceptions.) In addition, most military service pensions and payments from the Department of Veterans Affairs will not cause a reduction.

If an employee is receiving a disability annuity, tier I benefits for the employee and spouse may, under certain circumstances, be reduced for receipt of workers’ compensation or public disability benefits.

If annuitants become entitled to any of the above payments, they should promptly notify the RRB. If there is any question as to whether a payment requires a reduction in an annuity, an RRB field office should be contacted.

3. Can earnings cause railroad retirement overpayments?

Unreported post-retirement work and earnings in nonrailroad employment are a major cause of overpayments in railroad retirement annuities. Like social security benefits, railroad retirement tier I benefits and vested dual benefits paid to employees and spouses, plus tier I, tier II, and vested dual benefits paid to survivors, are subject to earnings deductions if post-retirement earnings exceed certain exempt amounts, which increase annually.

These earnings deductions do not apply to those who have attained full social security retirement age. Full retirement age for employees and spouses ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later. Full retirement age for survivor annuitants ranges from age 65 for those born before 1940 to age 67 for those born in 1962 or later.

For those under full retirement age throughout 2007, the exempt earnings amount is $12,960. For those under full retirement age throughout 2008, the exempt earnings amount will be $13,560. For beneficiaries attaining full retirement age in 2007, the exempt earnings amount is $34,440 for the months before the month full retirement age is attained. For beneficiaries attaining full retirement age in 2008, the exempt earnings amount will be $36,120 for the months before the month full retirement age is attained.

For those under full retirement age throughout a calendar year, the earnings deduction is $1 in benefits for every $2 of earnings over the exempt amount. For those attaining full retirement age during a calendar year, the deduction is $1 for every $3 of earnings over the exempt amount in the months before the month full retirement age is attained.

Annuitants who work after retirement and expect that their earnings for a year will be more than the annual exempt amount must promptly notify the nearest RRB field office and furnish an estimate of their expected earnings. This way their annuities can be adjusted to take the excess earnings into consideration and prevent an overpayment. Annuitants whose original estimate changes significantly during the year, either upwards or downwards, should also notify the RRB.

Retired employees and spouses, regardless of age, who work for their last pre-retirement nonrailroad employer are also subject to an earnings deduction in their tier II and supplemental benefits of $1 for every $2 in earnings up to a maximum reduction of 50 percent. This earnings restriction does not change from year to year and does not allow for an exempt amount. Retired employees and spouses should therefore promptly notify the RRB if they return to employment for their last pre-retirement nonrailroad employer, or if the amount of their earnings from such employment changes.

A spouse benefit is subject to reductions not only for the spouse’s earnings, but also for the earnings of the employee, regardless of whether the earnings are from service for the last pre-retirement nonrailroad employer or any other post-retirement employment. (Effective August 17, 2007, an annuity paid to a divorced spouse may continue despite the employee’s work activity.)

4. How do post-retirement earnings affect disability annuities?

Special restrictions limiting earnings to $700 per month in 2007 and $730 per month in 2008, exclusive of disability-related work expenses, apply to disabled railroad retirement employee annuitants.

In addition, any work performed by a disabled annuitant may be considered an indication of an individual’s recovery from disability, regardless of the amount of earnings. Therefore, any earnings by a disability annuitant must be reported promptly to avoid potential overpayments.

These disability work restrictions apply until the disabled employee annuitant attains full retirement age. This transition is effective no earlier than full retirement age even if the annuitant had 30 years of service. Also, a disabled employee annuitant who works for his or her last pre-retirement nonrailroad employer would be subject to the additional earnings deduction that applies in these cases.

5. What effect does railroad work have on an annuity?

No railroad retirement annuity is payable for any month in which an employee, spouse or survivor annuitant performs compensated service for a railroad or railroad union. This includes local lodge compensation totaling $25 or more for any calendar month, and work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary.

6. What should be done when a railroad retirement annuitant dies?

The RRB should be notified immediately upon the death of any retirement or survivor annuitant. Payment of a railroad retirement annuity stops upon an annuitant’s death and the annuity is not payable for any day in the month of death. This is true regardless of how late in the month death occurs and there is no provision for prorating such a payment. Any payments received after the annuitant’s death must be returned. The sooner the RRB is notified, the less chance there is of payments continuing and an overpayment accruing. The RRB would also determine whether any survivor benefits due are payable by the RRB or the Social Security Administration.

7. What are some other events that can affect payments to auxiliary beneficiaries, such as spouses and widow(er)s?

A spouse or divorced spouse must immediately notify the RRB if the railroad employee upon whose service the annuity is based dies. A spouse must notify the RRB if her or his marriage ends in divorce or annulment and a widow(er) or divorced spouse must notify the RRB if she or he remarries.

Also, benefits paid to spouses, widow(er)s and surviving divorced spouses that are based on the beneficiary caring for an unmarried child of the employee are normally terminated by the RRB when the child attains age 18 (16 for a surviving divorced spouse) or if a disabled child over age 18 (16 for a surviving divorced spouse) recovers from the disability. Therefore, the RRB must be notified if the child leaves the beneficiary’s care or marries.

Benefits are also payable to an unmarried child age 18 in full-time attendance at an elementary or secondary school or in approved home schooling until the student attains age 19 or the end of the school term in progress when the student attains age 19. (In most cases where a student attains age 19 during the school term, benefits are limited to the two months following the month age 19 is attained.) These benefits will be terminated earlier if the student marries, graduates, or ceases full-time attendance. Therefore, the RRB must be notified promptly to prevent an overpayment.

8. Can an annuitant contest a decision that he or she has been overpaid?

Annuitants who believe a decision regarding a benefit overpayment is incorrect may ask for reconsideration and/or waiver of the overpayment. If not satisfied with the initial review, the annuitant may appeal to the RRB’s Bureau of Hearings and Appeals. Further appeals can be carried to the three-member Board itself, and beyond the Board to Federal courts.

Annuitants are told about these appeal rights any time a decision is made regarding a benefit overpayment.

9. How can an annuitant find out if an event might affect his or her railroad retirement benefit payments?

Annuitants should contact the nearest field office of the RRB for information. In any situation, the best rule is “If in doubt, report.”

Annuitants can find the address and phone number of the RRB office serving their area by calling the automated toll-free RRB Help Line at 1-800-808-0772. They can also get this information from the agency’s Web site at www.rrb.gov. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

John P. Tolman

Vice President & National Legislative Representative

25 Louisiana Avenue, N. W. ,

Washington, D. C. 20001

office 202-624-8776

DC fax 202-624-3086

direct fax 216-694-0241

cell 216-272-1246

tolman@ble.org

bletdc.org

DEADLINE OCTOBER 26, 2007 for Flexible Spending 2008 Enrollment

2007-10-16T07:25:00.001-07:00

From: Gores, The [mailto:thegores1@cox.net]
Sent: Sunday, October 14, 2007 10:15 AM
To: All Local Chairmen BLET UP Southern Region

Subject: DEADLINE OCTOBER 26, 2007 for Flexible Spending 2008 Enrollment

Brothers,

As a follow up to my message below regarding the flexible spending option of the 2003 BLET National Agreement, I wanted to provide this additional message of encouragement for our members to enroll in this program. The pertinent language of side letter 8 is quoted and annotated below for your ready reference. It is imperative that we encourage our membership to enroll for at least the minimum amount offered ($120) which can easily be covered by over the counter medication purchases for your family during the year. With the rising costs of healthcare, this program will become more valuable to our membership as time goes on. We must get them to engage in order to preserve the benefit for all members for the future.

We have received several questions regarding what procedures qualify for reimbursement. Those rules are governed by the IRS regulations on Flexible spending. A good rule of thumb is if the procedure is medically required, then it is covered under the IRS rules. If the procedure is cosmetic only, it might not be covered. I have attached a PDF printout that contains the limited list of covered procedures from the UHC website. If you are considering a major procedure that is not covered by our health insurance, I suggest that you make direct contact with UHC (regardless of who handles your benefits) at 877-311-7849. With the use it or lose it provision in the agreement, you don’t want to make a maximum commitment ($3600) guessing if the procedure is covered or not. I know the purchase of prescription eye glasses not covered by our vision plan is covered by Flexible Spending as my family has used that provision to reach our maximum benefit a couple of years when we were a little short of our $2400 yearly goal.

Your assistance in encouraging our members to participate in this program is appreciated.

Fraternally,

Gil Gore

Click HERE to view a PDF copy of Side Letter 8 of 2007 National Agreement covering Flexible Spending

Click HERE to view a PDF copy of Flexible Spending Information from UHC

Click HERE to view a PDF copy of flex spending qualification info from UHC

From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Sunday, October 07, 2007 10:02 PM
To: All Local Chairmen BLET UP Southern Region
Subject: Flexible Spending 2008

Brothers,

Enrollment opportunity for a Flexible Spending Account (FSA) should have arrived in your mail box from United Health Care. This program is set up to allow you to pay for co-pays and other medical expenses with pretax dollars. Below is a partial list of items that qualify for this type of payments:

Doctor Co-pays

Drug Co-pays

Dental Co-pays or other dental expenses not covered in our dental plan.

Vision Co-pays or additional cost for eye care not covered under the national plan

Over the counter medications, IE cold medicine, decongestant medicine, aspirin, Tylenol or their generic brand, etc.

With the recent increase in Dr and Drug Co-Pays, this benefit can put real dollars in your pocket. As an example, if you have some major dental work scheduled (such as braces for your kids) up to $3600 of that expense can be paid with pretax dollars. If you are in a 25 – 33 % tax bracket, that amounts to as much as a $1200 reduction in the federal taxes that you pay. Your payments to the plan are spread out over 12 monthly payments (ie: if you elect the maximum you would place $300 per month into your flex spending account). If you elected the minimum $120 deduction you would have $10 per month deducted from your pay and placed into your flex spending account. You can receive payment from the account when you present a bill via the attached claim form. You must furnish receipts to be reimbursed for the expense. The plan also has a use it or lose it provision, ie, if you sign up for $2000 in flex spending deductions and only have expenses equal to $1900 then you would only be able to collect $1900 of the $2000 you put into your account. If you were in a 33% tax bracket, that would still net you $533 in savings for the year ($633 tax savings minus the $100 left in the account = $533 net savings).

While I know the use it or lose it function of the plan can be scary, you can easily meet the minimum deduction of $120 for the year just on over the counter medications which would yield you a net savings of $40 for the year if you were in a 33% tax bracket. My wife and I have put the maximum in her flex spending account for the last 8 years ($2400) and been able to provide receipts to receive a total refund every year. Our over the counter medicine for our family in the year 2006 came to $217. If you are on maintenance medications this program can put real dollars into your pocket allowing you to pay your co-pays with pretax dollars.

There is also a plan that will allow you to pay for dependant care (DCAP). I am not as familiar with this plan. The major difference as compared to the FSA plan is that you cannot collect more money than you have in your DCAP account. .

Additionally, I have attached Side Letter 8 of the 2007 BLET National Agreement. We must reach at least 5% participation by the year 2009 in order to retain this benefit. We need to reach this threshold. This is a benefit that will put real dollars into our members pockets and I encourage you all to enroll at an amount you are comfortable with to see how the plan works.

If you have any specific questions, I encourage you to contact UHC at 877-311-7849. Also please note that you must make this decision and return the form and HIPPA authorization no later than October 26, 2007.

Hoping you find this information useful and decide to participate, I remain.

Fraternally,

Gil Gore

MetLife adjusts BLET short term disability plan

2007-10-03T07:31:00.001-07:00

CLEVELAND, September 24 — An audit of the BLET Short Term Disability Plan conducted by MetLife and approved by the BLET Trust Fund Trustees has resulted in a reduction in weekly benefits.

Effective October 1, 2007, weekly benefits will be reduced from $402 per week to $362 per week.

The good news is that the reduction will not impact members with existing claims or those who have a disability date prior to October 1, 2007. They will continue to qualify for the $402 per week benefit. Only those claims with a date of October 1 or after will be adjusted to $362 per week.

The plan experience is monitored regularly and reviewed annually. A high number of claims forced the plan to pay more in benefits that it collected in premiums. This, in addition to the fact that we were unable to secure payment of a higher premium from the rail carriers, has forced the Trust Fund to adjust the benefits accordingly.

FW: Hahs Panel Set

2007-10-03T07:29:00.001-07:00

Teamsters
BLE President Faces Internal IBT Charges
In Use of Basketball Tickets, Other Expenses

Brotherhood of Locomotive Engineers President Don Hahs will face internal union charges of embezzling funds through the improper purchase of tickets to professional basketball games, and through other means, a spokeswoman for parent union International Brotherhood of Teamsters confirmed Sept. 21.

IBT General President James Hoffa Sept. 20 ordered that the charges be brought after receiving a recommendation that he do so from the Independent Review Board, a court-supervised panel that oversees anticorruption efforts at the Teamsters, according to Richard Murray, special investigator for the board. The recommendation came as part of a Sept. 13 investigative report in which the review board detailed the evidence against Hahs, Murray said.

The IRB report specifically charges that Hahs caused the Cleveland-based BLE to spend $48,880 on tickets for Cleveland Cavaliers basketball games between 2004 and 2006, and then used the tickets for his own personal purposes. In addition, the report alleges that Hahs caused the union to pay travel expenses incurred by his wife, Janice Hahs, between 2004 and 2006. The amount of the improper travel payments was $7,951.97, according to the board report.

BLE spokesman John Bentley Sept. 20 declined to comment on the charges, instead referring requests for comment to IBT headquarters in Washington.

BLE Merger With Teamsters

BLE comes under the jurisdiction of the IRB, which was established in a 1989 consent decree settling corruption charges brought by the government against IBT, because of the Jan. 1, 2004, merger of the rail union with the Teamsters, according to the report (235 DLR A-11, 12/8/03 ). The merger established the 59,000-member BLE has a division within the IBT's Rail Conference.

Hahs was first elected president of BLE in 2001, and had been a strong advocate of the merger (40 DLR A-2, 2/28/02 ). Elected at the same time was Secretary-Treasurer William Walpert. Both men were re-elected in 2005.

Although the board did not recommend charges against Walpert, the report states Walpert was involved in improper financial transactions and was "complicit in Hahs' basketball scheme."

Embezzling Funds

The board report charges that Hahs engineered a "scheme" to purchase the basketball tickets in a way that seemed designed to disguise his intent to use the tickets himself.

According to the report, BLE owns a 24-story office building in Cleveland where the union's offices are housed, but also where offices are rented out to other tenants. The union had established a nonprofit Ohio corporation, BLET Building Association, to manage the building.

The BLET Building Association purchased basketball tickets for both regular season games and playoff games between 2004 and 2006, according to the report. These tickets were provided to Hahs, who reportedly kept them in his desk and used them, or distributed them to others, solely at his own discretion, the report alleges. Hahs then caused the union treasury to reimburse the BLET Building Association for the cost of the tickets, according to the report. As secretary-treasurer, Walpert had knowledge and oversight over the payments, the report states.

When questioned, Hahs characterized the payments to the BLET Building Association as a series of loans, although the loans were never repaid, according to the report. Hahs also gave investigators inconsistent explanations for the purchase of the tickets, the report stated. The report characterized one of the explanations--that the tickets were used as promotional gifts to tenants and potential tenants of the BLE building--as "a sham."

The payments for traveling expenses for Hahs' wife were more straightforward, according to the report. In a number of instances when Janice Hahs accompanied her husband on business trips, the BLE president simply added her traveling expenses, mostly the cost of airline tickets, to his own expense report. Janice Hahs was neither an employee nor a member of the union, the report stated, and there was therefore no legitimate reason why the union should pay her expenses.

Hahs defended himself to investigators by telling them it was long-standing practice and policy for the union to pay the traveling expenses for the spouses of officials when they attended union meetings or conventions together, according to the report. However, no written union policy of this kind ever existed, board investigators stated, and the testimony of current and former officials indicated that Hahs had exceeded any informal limits that had existed in the past.

Former prosecutor Edwin Stier, a former prosecutor with long experience in Teamsters affairs, told BNA Sept. 20 that the board historically has been very strict in cases involving misuse of union funds. "There have been cases where officials have been punished when there was only a couple of hundred dollars involved," Stier said.

"What's important in these cases is not the amount of money, but the intent," he added. "There have been cases where the amount of money is small, but the circumstances call for serious action," against union officials with corrupt intent, Stier said.

Several Alternate Procedural Steps

Murray said that procedures in place between the board and IBT could lead to any one of a number of outcomes for the accusations against Hahs.

Now that Hoffa has ordered that charges be brought, the next step is the appointment of three union officials to form a panel to hear evidence and decide what penalties, if any, should be imposed. The three-member panel has broad discretion, Murray said, from declining to impose any penalties at all, to permanent expulsion from the union.

The three-official panel is required to report back to the board within 90 days, Murray continued. The board then makes a determination on whether the panel's action is adequate, he said. The board is free to impose additional punishment if it decides the panel decision was too lenient, he said.

FW: Charges Against Hahs

2007-10-03T07:28:00.001-07:00

The president of the Brotherhood of Locomotive Engineers and Trainmen (BLET), Don Hahs, has been charged with embezzling tens of thousands of dollars from the union.

Read more at: http://www.tdu.org/node/1479

Read the IRB charges against President Hahs at: http://tdu.org/files/hahsirb.pdf

From the International Brotherhoof of Teamsters official website:

The Independent Review Board ("IRB") is a three-member panel established by the Consent Decree to investigate and take appropriate action with respect to "any allegations of corruption," "any allegations of domination or control or influence" of any part of the Union by organized crime, and any failure to cooperate fully with the IRB.

The IRB operates under rules approved by the United States District Court in 1992. The IRB consists of three members, one designated by the Attorney General of the United States on behalf of the Government, one designated by the IBT, and a third member chosen by the Government and Union designees.

The initial members of the IRB served until the 1996 Convention when they were each renominated and confirmed by the Court to serve five-year terms lasting until the 2001 Convention. The Union and the Government designated new members following the 2001 Convention. The Government designated former Attorney General Benjamin R. Civiletti (now a partner in the firm of Venable, Baetjer, Howard & Civiletti). The Union designated former United States Attorney for the District of Columbia Joseph E. diGenova (now a principal at the firm of diGenova & Toensing). In accord with the Rules approved by the Court, Mr. Civiletti and Mr. diGenova jointly designated William H. Webster (a partner in the firm of Milbank, Tweed, Hadley & McCloy) to continue serve as the third member of the IRB. Mr. Webster was formerly a judge on the United States Court of Appeals, Director of the Federal Bureau of Investigation and Director of the Central Intelligence Agency.

Under the Consent Decree and the Rules approved by the Court, the IRB has authority to hire staff. Pursuant to this authority, the IRB has engaged former Investigations Officer Charles Carberry as Chief Investigator and authorized Mr. Carberry to retain additional investigators and staff. Mr. Carberry and his staff maintain an office in New York City. The IRB maintains a hotline at (800) CALL IRB.

For background info you can read the entire Consent Decree: http://www.irbcases.org/pdfs/ConsentDecree.pdf

Effective Date of New Rates BLET 2007 National Agreement

2007-06-28T07:35:00.001-07:00

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

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

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

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

BLET Members Vote YES for New Contracts

2007-06-21T17:28:00.001-07:00

By a majority of 2-1, Brotherhood of Locomotive Engineers and Trainmen members nationwide voted in favor of the new freight rail contract negotiated by the Rail Labor Bargaining Coalition. The BLET members’ votes were the first in the coalition to be counted. Later in June the votes from the other unions: Brotherhood of Maintenance of Way Employes Division; Firemen and Oilers; Sheetmetal Workers; Train Dispatchers; Railroad Signalmen; and Boilermakers will be counted.

“These results show that this is a strong national contract that will benefit our members,” said Don Hahs, National President of the BLET. “Our members will see increases in wages and a cap on health and welfare contributions. We worked hard to negotiate the terms of this new five-year contract. Together with the other members of the Rail Labor Bargaining Coalition we were able to keep the carriers at bay.”

The national five-year contract covers more than 17,000 freight rail workers on part of CSX, Union Pacific, Burlington Northern Santa Fe, and Kansas City Southern.

“When the carriers served their section six notices in 2004 they had staffing and consolidation in their sites,” said Hahs. “But we stood together and won a good contract with worthwhile improvements.”

Along with the national contract, votes were counted for the Burlington Northern Santa Fe on property agreement. The results were 10-1 in favor.

“I want to congratulate our general chairmen for helping communicate with our members about the many benefits this new contract will provide,” said Hahs. “I believe this contract is further evidence of the increased power rail labor has now that we have merged with the Teamsters Union and are a part of the Teamsters Rail Conference.”

Tuesday, June 19, 2007
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4493

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

2007-05-21T06:20:00.000-07:00

Tentative national contract in the mail, available online

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

2007 Tentative National Contract

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

FW: Urge Congress to put a stop to limbo time

2007-04-03T07:20:00.000-07:00

Urge Congress to put a stop to limbo time

CLEVELAND, April 3 -- When they return from their Easter recess later this month, members of Congress will consider rail safety legislation. The BLET and its allies in Rail Labor are urging Congress to include a provision to eliminate limbo time in the bill.

Limbo time is one factor that aggravates fatigue. The industry’s manipulation of the Hours of Service Act by leaving crews stranded for unconscionable lengths of time began with the Supreme Court’s 1996 “limbo time” decision.

In order to eliminate limbo time, your member of Congress must demand an end to limbo time be included in rail safety legislation. For the next two weeks, your member of Congress will be in your home district for the Easter recess. The BLET is asking all members and their families to contact their members of Congress during these two weeks to urge them to include the limbo time provision in the bill.

“For the past year and a half, we have been collecting data from BLET field officers concerning excessively long work tours,” BLET National President Don Hahs said. “The data provided to us has been gathered from railroad records, and is stunning.”

During the Easter recess, members will likely be in their home districts. Now is the time to visit, call, email or write your Member of Congress to tell them that you want limbo time eliminated as part of any rail safety bill. BLET members can give their Representatives first hand knowledge about the problem of limbo time.

BLET members can find their Representative by going to:
http://www.bletdc.org/action/congress/

It is these first hand accounts provided by BLET members that can be most effective in persuading Congress to act on limbo time, Vice President Tolman said.

“Members of Congress are elected by the people,” Vice President Tolman said. “They respond to their constituents’ stories. BLET members are the best advocates for their position.”

Tuesday, April 03, 2007
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4448

2006 BLET BYLAWS AVAILABLE ONLINE

2007-03-17T07:28:00.000-07:00

CLEVELAND, March 15 — An electronic copy of the new 2006 BLET Bylaws is now available in the Members Area of the Brotherhood’s website.
The Bylaws, available for download and printing as a PDF, are in effect as of today — March 15, 2007. The new Bylaws reflect changes approved by delegates at the BLET’s First Quadrennial Convention in June of 2006.
The BLET National Division is providing an electronic copy of the Bylaws to the membership while the document is being printed. The current bylaws provide that the National Division will furnish a copy of the bylaws to each member without cost upon request from the division Secretary-Treasurer.
The Bylaws are available at:
http://www.ble-t.org/members/bylaws
Thursday, March 15, 2007
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4446
© 2006 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

FW: Appeals court upholds Rail Labor's position in FMLA case

2007-03-12T09:30:00.000-07:00

CLEVELAND, March 8 — Rail Labor scored another major court victory in its ongoing battle to protect workers’ rights under the Family and Medical Leave Act (FMLA).

On March 2, the three-judge panel of the U.S. Court of Appeals in the Seventh Circuit unanimously upheld the District Court’s January 3 ruling in favor of the unions’ challenge to the major rail carriers'''' decision to force employees to use their vacation and personal leave days for FMLA purposes, rather than at the times the employees choose as provided in the collective bargaining agreements. The Court held that in order to do that, the carriers first have to bargain changes in the agreements under the Railway Labor Act.

“This is a hard fought victory for hard working railroaders,” said Don Hahs, National President of the Brotherhood of Locomotive Engineers and Trainmen. “Many unions worked together to achieve this outcome, which is yet another sign of our unity and strength.”

However, he cautioned that the carriers would possibly appeal the decision.

“We’re not out of the woods yet,” President Hahs said. “It’s possible the carriers could appeal the decision again through the court system, or may attempt to take cases to arbitration. It would be unfortunate if railroads choose to do so, as we are confident any other court or arbitrator would rule on Rail Labor’s behalf.”

According to its decision, the Court “focus[ed its] discussion on the important principle at stake, rather than the intricate differences between various collective bargaining agreements.”

The Court rejected the carriers’ argument that reconciling the FMLA and the RLA meant that “the FMLA, being the newer and, in their view, the more specific Act, trumps the RLA and controls the situation, thus giving the carriers authority to unilaterally institute its anti-stacking policies.” In the Court’s opinion, the more specific needs of the railroad industry, its “special characteristics [and] unique problems,” and how Congress determined they should be addressed — through mandatory Section 6 bargaining — prevail over the FMLA provision that merely permits employers to require substitution. The Court put it this way:

“Section 152 Seventh of the RLA tells railroads what they must not do — change working conditions except in the manner dictated by the agreements or in § 156, which requires notice, a conference, and, in some cases, mediation. Section 2612 of the FMLA simply tells employers what they may do — require substitution — not what they must do. A reasonable conclusion is that, while substitution is allowed, the carriers cannot require substitution without complying with procedures set out in the RLA. Using those procedures, the carriers can bargain for substitution provisions.”

The Court also recognized that the rights contained in the National Vacation Agreements and supplements were “the subject of hard bargaining [and t]he right to time one’s vacation and, to a perhaps slightly lesser degree, personal leave, is a hard-won right of railroad workers.”

“It would seem quite odd indeed,” the judges said, “that this elaborate process, and the decades of bargaining, can be wiped out by unilateral action on the part of the carriers, based on a statute which says they may require substitution, but which says nothing about the process for instituting a substitution requirement.”

The bottom line: “The carriers must comply with the RLA in implementing their actions under the FMLA. In short, the FMLA does not allow the carriers to violate contractual obligations protected by the RLA regarding paid vacation and personal leave time.”

“Obviously, this is a major victory for rail labor,” said Mike Wolly and Margo Pave of Zwerdling, Paul, Kahn, & Wolly, P.C., successfully represented the interests of five of the eleven rail labor unions involved in the case, in addition to BLET — the IBEW, ATDA, BRS, NCFO, and SMWIA. "The dispute is not yet over, but this is a major step toward ultimately upholding the members’ contract rights. We appreciate all your help in providing us with the necessary factual basis for supporting the arguments we were able to make on your behalf and we congratulate you on achieving this victory that we will work equally hard to preserve.”

A copy of the 7th Circuit Court’s decision is available on the BLET website at:
http://www.ble-t.org/pr/pdf/FMLADecision.pdf

Friday, March 09, 2007

Summary of tentative RLBC/NCCC agreement

2007-03-05T20:19:00.000-08:00

CLEVELAND, March 5 — The following is an outline summary of the major elements of the tentative agreement reached February 28, 2007, between the Rail Labor Bargaining Coalition (RLBC) and the National Carriers’ Conference Committee (NCCC). This outline is not intended to provide a comprehensive description or analysis of the Agreement.

The BLET will hold a meeting the week of March 19, 2007, to provide detailed information to the General Chairmen. Additionally, a packet of information explaining the tentative agreement in detail will be sent to each member as part of his or her ratification ballot. It is expected that the agreement will become effective June 1, 2007, if ratified by the membership.

WAGES

 General wage increases on the following schedule:

July 1, 2005 – 2.5%
July 1, 2006 – 3.0%
July 1, 2007 – 3.0%
July 1, 2008 – 4.0%
July 1, 2009 – 4.5%

HEALTH & WELFARE

 Expansion of in-network benefits and co-pays to employees who cannot obtain them today effective on July 1, 2007.

• In-network availability for over 90% of all employees, up from 75% today.

• Changes to in-network co-pays to pay for network expansion as follows:

• Visit to family doctor from $15 to $20.

• Visit to specialist from $15 to $35.

• ER visit (when not admitted as patient) from $30 to $50.

Prescription drugs:
• Retail - $10 generic; $20 brand name; $30 non-formulary.
• Mail order - $20 generic; $30 brand name; $60 non-formulary.

 Employee cost-sharing payments are 15% of monthly premium (employees currently pay about 14-15% through employee contributions starting on January 1, 2007 to pay for enhanced network coverage.

 Cost share adjustments will be made on January 1, 2008; January 1, 2009 and January 1, 2010.

 Employee cost sharing on January 1, 2010 will be capped at $200 per month, or 15% of the January 1, 2009 rate whichever is greater. There will be no increase during the period unions and railroads bargain over next contract.

 Elimination of the “Harris COLA.”

 Carriers will withdraw all work rules proposals regarding staffing/consolidation, manpower utilization and productivity improvements, and job actions.

Monday, March 05, 2007

BLET, RLBC reach tentative agreement with NCCC on national contract

2007-03-01T07:05:00.000-08:00

WASHINGTON, D.C., February 28 — Today, the Rail Labor Bargaining Coalition (RLBC), comprised of the members of seven rail labor unions, reached a tentative agreement on a national contract with the National Carriers’ Conference Committee (NCCC), which represents the interests of America’s freight rail corporations.

The tentative agreement’s five-year term includes wage increases and ensures controls on health care co-payments. In the next month, ballot materials will be mailed out to freight rail employees for ratification.

“I congratulate the Rail Labor Bargaining Coalition for standing tall in these negotiations,” said Jim Hoffa, Teamsters General President. “This is a rallying day for rail labor. After 30 years, it’s a sign of labor‘s strength that union members from seven rail unions were able to effect a pro-worker agreement from the rail corporations. Being an essential link in the global supply chain, we knew all along that railroads were profitable, and now our members can benefit from their prosperity.”

The NCCC represents the interests of CSX, Norfolk Southern, Union Pacific, Burlington Northern Santa Fe and Kansas City Southern.

“More than 65,000 union rail members working on freight rail lines across America were well represented at the bargaining table by the RLBC,” Hoffa said.

The RLBC‘s members include the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Brotherhood of Maintenance of Way Employes Division (BMWED), divisions of the Teamsters Rail Conference. The RLBC also includes members of the National Conference of Firemen and Oilers, the Brotherhood of Railroad Signalmen, the Sheet Metal Workers, the International Brotherhood of Boilermakers and the American Train Dispatchers Association.

“We reached a positive outcome because of our unity,” said Don Hahs, BLET National President. “It was a team effort with all RLBC unions working together toward one goal - negotiating a strong contract for our members.”

“This agreement is a good example of the power of unity and solidarity,” said Fred Simpson, President of the BMWED and Teamsters Vice President-elect. “No single union could have achieved this outcome standing alone. I am proud of the RLBC unions and their members who collectively stood strong together throughout this difficult round of bargaining.”

The Teamsters Union was founded in 1903 and represents more than 1.4 million hardworking men and women in the United States and Canada.

Wednesday, February 28, 2007

BLET Health and Welfare Summary Plan Description

2007-02-22T21:21:00.000-08:00

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Thursday, February 08, 2007 9:33 AM
To: All BLET Southern Region Local Chairmen
Subject: BLET H&W SPD

Brothers,

Attached in PDF format is our Summary Plan Description (SPD) for the BLET Health and Welfare Benefits for 2007. Please distribute this to our membership and I will post the same to our website for future reference and use.

To view a PDF copy of this file click HERE

Fraternally,

Gil Gore

FW: BLET Health and Welfare Summary Plan Description

2007-02-18T03:00:00.000-08:00

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Thursday, February 08, 2007 9:33 AM
To: All BLET Southern Region Local Chairmen
Subject: BLET H&W SPD

Brothers,

To view a PDF copy of this file click HERE

Fraternally,

Gil Gore

CONGRESS GETS SERIOUS ON FATIGUE

2007-02-14T06:50:00.000-08:00

WASHINGTON, D.C. -- Rail-employee fatigue too often leads to deadly accidents -- on and off the railroad -- and it is time for a science-based regulatory approach to cure the problem, the chairman of the House Transportation & Infrastructure Committee said Feb. 13 at a Rail Subcommittee hearing investigating rail safety.

Rep. Jim Oberstar (D-Minn.) promised legislation that will bring the century-old hours of service statute into the 21st century and assure that rail employees in safety sensitive positions are properly rested. This approach has support from the Bush administration, with Federal Railroad Administrator Joseph Boardman advocating giving regulators authority to measure, modify and monitor each carrier's approach to reducing employee fatigue.

UTU National Legislative Director James Brunkenhoefer cautioned against scrapping the existing hours of service statute as Boardman proposed, urging, instead, that Congress retain the statute and give the FRA broad regulatory authority within the confines of the statute. Brunkenhoefer expressed concern that without a strong statute, future regulators, perhaps less concerned with rail safety than Boardman, might seek to dilute safety reglations aimed at reducing and eliminating employee fatigue.

Currently, railroads are the only mode of transportation where its federal safety regulator has no authority to adjust maximum hours of service and minimum uninterrupted rest periods. Boardman said the FRA would seek a consensus for such regulations through the Rail Safety Advisory Committee (RSAC).

In comments that appeared aimed at the railroads' chief labor negotiator, Bob Allen, the subcommittee's ranking Republican, Bill Shuster (R-Pa.), said it would be better if railroads and their labor unions could come to a negotiated agreement on safety issues because the federal government is likely to "screw things up worse." Rail Subcommittee Chairperson Corrine Brown (D-Fla.) suggested labor and railroad negotiators "lock the door" and not come out until they reach agreement.

Brunkenhoefer earlier had explained that Allen has steadfastly refused to discuss safety issues at the bargaining table even though the carriers had signed an agreement several years ago promising to do so. In fact, after carriers and labor agreed to language (in another area of safety) that was enacted into law by the Illinois legislature, the carriers then sued in federal court to overturn the law.

Rep. Grace Napoliatano (D-Calif.) chided rail carriers for lack of formal employee training aimed as assuring employees understand the dangers associated with sleep deprivation and science-based methods to manage their fatigue.

Also testifying was Tom Pontilillo, director of regulatory affairs for the Brotherhood of Locomotive Engineers and Trainmen, who said, "There is no question in our minds that safety degradation because of fatigue is a ticking time bomb in the rail industry."

Additionally, sleep scientist Steven Hursh, a consultant to the FRA, explained that sleep during daylight hours is not as restorative as nighttime sleep, and that as workers shift from days to nights, their internal body clocks, known as circadian rhythm, "get out of sync with sleep demands."

Under the statute, rail employees subject to hours of service limitations, may be kept on duty up to 12 hours, followed by only a single 10-hour rest period; and then be called back to work a second time for another 12-hour shift within a single 24-hour period.

Moreover, carriers may -- and often do -- require train crews to remain in the locomotive cab (to maintain locomotive security) for four, six or eight hours more after their 12-hour shift, followed by 10 hours off-duty, at the end of which they can be ordered to begin another shift.

Hours spent on the locomotive after the 12-hour shift are known as "limbo time" because they count neither as on-duty nor off-duty.

"Limbo time," Oberstar said, "can and has kept railroad operating crews effectively on-duty for well over 12 hours; and, in the case of the Union Pacific engineer involved in the 2004 Macdona, Texas, accident (which killed three), 22 hours (12 hours on-duty and 10 hours of limbo time)."

Oberstar observed that if a carrier ends an on-duty shift just one minute before the 12-hour maximum, the carrier is required to provide only an eight-hour rest period -- even if additional limbo time is involved -- before ordering a train crew back on duty. "Since the required eight or 10 hours of off-duty time includes commuting, leisure, and personal time, the duration of any period available for sleep could be even less than that," Oberstar said.

During questioning by subcommittee members, Brunkenhofer said, "Our membership lives in jet lag for their 30 year career. They don't know when they will be called to duty, how long they will be on the job, or when they will go home. The result is divorce, troubled children and destruction of family values." He asked that legislation be enacted to eliminate limbo time and prohibit carriers from calling train crews during their minimum rest periods.

Brunkenhoefer also thanked UTU officers on BNSF Railway for providing him with helpful data on fatigue and rail safety.

FW: January 1, 2007 COLA/H&W Cost Sharing

2007-01-29T17:47:00.000-08:00

From: Gil Gore [mailto:thegores1@cox.net]
Sent: Monday, January 29, 2007 7:29 PM
To: All Local Chairmen, BLET UP Southern Region
Subject: FW: January 1, 2007 COLA/H&W Cost Sharing

Brothers,

Below is a communication from the Chairman of the Western General Chairmen’s Association regarding the January 1, 2007 increase in health care premiums which is self explanatory. I have not received any notice from the National Division regarding this matter, but inquiries have been made and you will be provided with the response when it is received.

I have attached the pertinent language from the 2003 BLET National Agreement regarding increases in these payments (Click Here to view in PDF) along with a NRL Circular Letter outlining the increase in payments to each Organization provided by Brother Pierce (Click Here to view in PDF). I apologize for not providing this information sooner, but I was not provided copies this information until 6:45 pm this evening. Unless the math is incorrect, our contribution has been increased to $146.62 per month. Members covered under the UTU H&W plan for the year 2007 will be paying $148.98 per month. Your H&W enrollment status for 2007 is based on your working craft in September of 2006.

As noted by Brother Pierce below, we have requested that the ND confirm the math on the increase and will provide you with the results of that inquiry as soon as possible.

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

Fraternally,

Gil Gore

Organization	2000 Round Agreement Reference	Monthly Contribution
BLET	Article IV, Part B, Sect. 1(b)	$146.62
UTU	Article IV, Part B, Sect. 1 (f) of the 11-06-2003 Sup Agreement	$148.98
UTU Yardmasters		$146.46
TCU Clerks		$137.70
TCU Carmen		$137.95
BRS		$100.00
IAM		$122.39
IBB		$137.65
IBEW		$146.97
NCFO		$146.52
SMW		$146.52

From: Dennis Pierce [mailto:drpierce@blet-bnsfmrl.org]
Sent: Monday, January 29, 2007 6:45 PM
Subject: January 1, 2007 COLA/H&W Cost Sharing

To: All Local Chairmen, BNSF Northlines

cc: Western General Chairmen's Association, Don Hahs, Dennis Simmerman, Steve Speagle, Tony Smith, Tom Roberts

Brothers,

This is in reference to the many questions that we are currently fielding on the recent increase in the monthly employee cost sharing of Health and Welfare premiums. Yes, there was an increase on January 1, 2007. I am attaching a pdf copy of a November 2006 NRLC break down by Union showing the new monthly contributions.

I will also pass on what we have been able to piece together today in discussing this with BNSF. Article IV-Health and Welfare, Part B, Section 1, (h) of the 2003 BLET National Agreement allows the Carrier to raise the employee's monthly H&W contribution on January 1, 2007 up to 1/2 of the value of the monthly premium increase, but not to exceed 1/2 of the monthly value of the corresponding COLA. While I am not sure of the exact amount of the monthly premium increase, we are being told that is was $98.00 and some change. Accordingly, and per the Agreement, up to one half of that $98.00, or $49.00 per month, could have been pushed to the employee so long as it did not exceed 1/2 of the monthly value of the January 1, 2007 COLA increase.

While we haven't received anything from the ND to confirm this math, we are being told by BNSF that the NRLC calculated the monthly COLA value as follows. The NRLC used an average yearly hours figure of 2876 hours/per employee/per year to start the calculations. That was divided by 12 to get average monthly hours of 239.66. The January 1, 2007 COLA was 15 cents per hour, half of the COLA value is 7.5 cents per hour. 239.66 hours times one half the hourly COLA of .075 equals a maximum increase of $17.98 with rounding. That increase results in the new monthly BLET rate for those in the National H&W plan of $146.62.

We are copying the National Division so they can let us know if we have properly explained the Carrier's math, and more importantly, if the Carrier has properly applied the math that the agreement describes. We are not sure if the average monthly hours used by the NRLC of 2876 per year or 239.66 per month is consistent with previous average calculations, if it is we as a collective craft are working an average of 30-8 hour days per month on a National Basis.

We will also send this update hard copy and will also forward any additional information that we receive.

Fraternally,

Dennis Pierce

General Chairman

President Bush signs H.R. 5483

2007-01-17T08:30:00.000-08:00

CLEVELAND, January 17 -- President George W. Bush signed H.R. 5483, the Railroad Retirement Disability Earnings Act, into law on Friday, January 12.

“This bill will allow our retirees to earn more money to supplement their Railroad Retirement income,” said BLET National President Don Hahs. “Passage of this bill represents a victory for our Legislative Department, Rail Labor, but most importantly, our retirees.”

The U.S. Senate passed the bill by voice vote on December 9, and it was passed by the U.S. House of Representatives on September 28.

“Congratulations to all of those in rail labor who worked on this legislation,” BLET Vice President and National Legislative Representative John Tolman said. “I would especially like to thank those BLET members who wrote letters, called, faxed and emailed their Senators and Representatives. The signing of this legislation provides much needed relief for our Brothers and Sisters on disability.”

The new law will raise the outside earning limits of retired railroad workers from $400 to $700 per month. The measure becomes effective immediately, and will also create an indexing formula to provide for automatic increases in the future. The $400 cap was established more than a decade ago.

Wednesday, January 17, 2007

FW: Railroad Retirement Taxes for 2007

2007-01-17T07:58:00.000-08:00

2007 Maximum Railroad Earnings tax responsibilities

Tier I Earnings Limit $97,500 - you pay 6.20 % on all earnings up to the maximum of $97,500
Tier II Earnings Limit $72,600 – you pay 4.4% on all earnings up to the maximum of $72,600
Medicare 1.45% no limit – you pay 1.45% on all earnings no maximum

Program Letter 2007-03


To:	Certification Registration, Retirement and Unemployment Contact Officials
Subject:	Notice of Annual Rates (2007)
Date:	December 4, 2006

View this document in PDF

Please distribute this notice to all individuals within your organization who may need the information in connection with their work.

Prepared by:

Quality Reporting Service Center
Railroad Retirement Board
844 North Rush Street
Chicago, Illinois 60611-2092

Phone:	(312) 751-4992
Fax:	(312) 751-7190
E-mail:	QRSC@rrb.gov

Creditable and Taxable Compensation

The 2007 railroad retirement tax rates and maximum compensation bases are as follows:

	Tax Rate	Earnings Base
Employee Tier I	6.20%	$97,500
Medicare	1.45%	No Limit
Employer Tier I	6.20%	$97,500
Medicare	1.45%	No Limit
Employee Tier II	3.9%	$72,600
Employer Tier II	12.10%	$72,600
Railroad Unemployment Insurance	Variable	$1,230 per month

The Tier II tax rates are determined annually from a tax rate schedule based on an average account benefits ratio reflecting railroad retirement fund levels. Employer tax rates can range from 8.2 percent to 22.1 percent. Employee tax rates can range from 0 percent to 4.9 percent.

Experience Rating

In October 2006, each employer was sent a notice of their 2007 Railroad Unemployment Insurance Act (RUIA) contribution rate. If you have not received your notice, please contact the Quality Reporting Service Center.

Retirement and Survivor Benefits

Exempt Amounts for Annual Earnings Test for Less Than Full Retirement Age Annuitants: In 2007, the annual exempt amount for less than full retirement age annuitants is $12,960. The monthly exempt amount for the first year of retirement in 2007 is $1,080.

Exempt Amounts for Annual Earnings Test for Full Retirement Age Annuitants: In 2007, the annual exempt amount for full retirement age annuitants is $34,440. The monthly exempt amount for the first year of retirement in 2007 is $2,870.

Cost-of-living Increase: Annuitants will receive a cost-of-living increase effective December 2006. Tier I will increase by 3.3% and Tier II will increase by 1.1%. This increase is before adjustment for other benefits.

Unemployment and Sickness Benefits

Maximum Daily Benefit Rate: Under the Railroad Unemployment Insurance Act (RUIA), the maximum daily benefit rate is equal to 5 percent of the monthly RUIA compensation base, rounded down to the nearest multiple of $1.00. For days of unemployment and sickness in registration periods beginning on and after July 1, 2007, the maximum daily rate is $59.00. The maximum rate for registration periods beginning on or after July 1, 2008, is $61.00.

Monthly Compensation Base: The monthly compensation base under the Railroad Unemployment Insurance Act for calendar year 2007 is $1,230.

Qualifying Base Year Compensation: The amount of base year compensation required in 2007 to qualify for benefits in the benefit year beginning July 1, 2008, is $3,075.00.

Compensation of $3,075 is also the amount of creditable compensation required to end a voluntary leaving of work disqualification period in months in calendar year 2007. In addition, remuneration earned in calendar year 2007 from employment covered under the Act cannot be considered subsidiary remuneration if the employee’s base year earnings are less than $3,075.

Maximum Benefits: The monthly amount of base year 2007 compensation that can be counted in determining the maximum amount of normal benefits payable to an employee in the benefit year beginning July 1, 2008, is $1,589.

Maximum Monthly Compensation Base and the Earnings Test: For unemployment registration periods beginning July 1, 2007 and later, no benefits are payable for which the total amount of an employee’s earnings and other remuneration from railroad and non-railroad work for days in the period exceeds the monthly compensation amount of $1,195.

Year 2007 Railroad Retirement and Unemployment Insurance Taxes

PR 06-6 December 2006

View this document in PDF

Prepared by Public Affairs 312-751-4777

The amounts of compensation subject to railroad retirement tier I and tier II payroll taxes will increase in 2007. However, the tier I tax rate on employees and employers remains unchanged. Under the Railroad Retirement and Survivors’ Improvement Act of 2001, tier II tax rates are determined annually by an average account benefits ratio. Based on this ratio, the tier II tax rates on employees and employers will decrease in 2007. Railroad unemployment insurance tax rates paid by employers will continue to include a 1.5 percent surcharge in 2007.

Tier I and Medicare Tax.--The railroad retirement tier I payroll tax rate on covered rail employees and employers for the year 2007 remains at 7.65 percent. The railroad retirement tier I tax rate is the same as the social security tax, and for withholding and reporting purposes is divided into 6.20 percent for retirement and 1.45 percent for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20 percent rate will increase to $97,500 in 2007 from $94,200 in 2006, but there is no maximum on earnings subject to the 1.45 percent Medicare rate. The increase in the amount of earnings subject to railroad retirement and social security taxes is based on indexing to increases in average national wages.

Tier II Tax.--The railroad retirement tier II tax rate on employees will decrease by 0.5 percent, from 4.4 percent to 3.9 percent in 2007, and the rate on employers will also decrease by 0.5 percent, from 12.6 percent to 12.1 percent. The maximum amount of earnings subject to railroad retirement tier II taxes, however, will increase to $72,600 in 2007 from $69,900 in 2006. Tier II tax rates under the 2001 Railroad Retirement and Survivors’ Improvement Act are based on an average account benefits ratio reflecting railroad retirement fund levels. Depending on this ratio, the tier II tax rate for employers can range between 8.2 percent and 22.1 percent, while the tier II rate for employees can be between 0 percent and 4.9 percent.

Unemployment Insurance Tax.--Employers, but not employees, also pay railroad unemployment insurance taxes, which are experience-rated by employer. The basic tax rates range from a minimum of 0.65 percent to a maximum of 12 percent on monthly earnings up to $1,230 in 2007, up from $1,195 in 2006. However, the Railroad Unemployment Insurance Act also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount, and such a surcharge of 1.5 percent applied in 2004-2006. Since the accrual balance of the Railroad Unemployment Insurance Account was $114.8 million on June 30, 2006, which was less than the indexed threshold of $120.8 million, a surcharge of 1.5 percent will again be added to the basic tax rates in 2007, but will not increase the maximum 12 percent rate.

The unemployment insurance tax rates on railroad employers in 2007 therefore will range from 2.15 percent (the minimum basic rate of 0.65 percent plus the 1.5 percent surcharge) to a maximum of 12 percent on monthly compensation up to $1,230.

The 1.5 percent surcharge will not apply to new employers in 2007, and new employers will initially pay a tax rate of 3.75 percent, which represents the average rate paid by all employers in the period 2003-2005.

For 78 percent of covered employers, the unemployment insurance rate assessed will be 2.15 percent in 2007.

Jan 1 COLA Wage Increase

2007-01-09T20:10:00.000-08:00

Jan 1 COLA Wage Increase

Brothers,

Per the 2003 BLET and 2002 UTU National Agreements, we have a Cost Of Living Adjustment (COLA) coming January 1, 2007. I am confirming the amount with the ND but have been provided the below message from UP Timekeeping regarding the increase. An increase of $0.15 per hour equates to $1.20 per 8 hour basic day. As noted below, since we are still tied to TCS, the increases in our trip rates will not show up on our payroll information until the last half of December has been closed. At that time adjustments to the rate will be made and should reflect on your computer printouts. All other assignments should show the increase effective Jan 1, 2007. Also be aware, that the increase will not apply to those payments incorporated into the trip rates frozen by the 1986 BLET National Agreement.

BLET-supported railroad security bill becomes law in Calif

2006-10-14T18:48:00.000-07:00

BLET-supported railroad security bill becomes law in Calif.

CLEVELAND, October 4 -- After two years of work by the Brotherhood of Locomotive Engineers and Trainmen, California Governor Arnold Schwarzenegger signed a railroad security bill into law on October 1.

The law, known as the Local Community Rail Security Act of 2006, requires railroads to provide a detailed risk assessment of each rail facility in California by July 1, 2007. The law also calls on rail carriers to document their emergency response procedures in case of acts of sabotage or terrorism.

“This bill will make the railroads in California much more secure for our members and the general public,” BLET National President Don Hahs said. “In this post 9-11 era, it is imperative that we take all steps necessary to secure our nation’s railroads against the threat of terrorism.”

By January 1, 2008, rail carriers are required to develop and implement an infrastructure protection program to protect rail infrastructure in the state from acts of sabotage, terrorism, or other crimes. Railroad employees will receive specialized security training as part of the infrastructure protection program regarding how to recognize, prevent, and respond to acts of sabotage, terrorism, or other crimes.

The railroads’ own flagging rules were adopted in the bill. Codification included the use of yellow, red, and yellow/red flags and crew notification; accurate milepost markers; accurate whistle posts and two mile speed boards.

All points of the new law are covered by "whistleblower protection" with fines of up to $1 million. Additionally, this new law provides the protection of severability; if any entity finds a portion of the law invalid, the rest of it remains law.

The bill was signed after members in the state of California inundated the Governor’s office with phone calls, faxes and emails, according to BLET California State Legislative Board Chairman Tim Smith.

“With the efforts of several, we were successful,” Smith said. “First, I would like to thank BLET members of the state of California BLET who took the time to make phone calls, send faxes, email and letters to the Governor. Without your efforts, this would not have been possible.

“Barry Broad and Shane Gusman of CT-PAC were instrumental in carrying our bill forward,” he said. “Additional thanks go out to 1st Vice Chairman Darrel Azarcon.

“I would also like to thank my Executive Staff of Mike G. Holt, Secretary-Treasurer, and Diz Francisco, 2nd Vice Chairman, for their efforts and encouragement. Thanks also to the BLET National officers and the Teamsters.”

BLET State Legislative Boards have introduced Rail Security bills in state legislatures throughout the country.

“Congratulations to all the BLET members in California, who worked diligently with Tim Smith and the Legislative Board to get this bill passed and signed,” BLET Vice President and National Legislative Representative John Tolman.

For a copy of the bill, click here.

Wednesday, October 04, 2006
bentley@ble.org

2006-09-17T15:06:00.000-07:00

BLET members urged to register to vote

CLEVELAND, September 13 -- November’s elections are too important for the working men and women of this nation and it is imperative that all members register to vote and vote in November, according BLET Vice President and National Legislative Representative John Tolman.

“While we don’t believe that a designation of Democrat or Republican is the most important issue, it is important to remember who our friends are,” Vice President Tolman said. “We need to hold all elected officials who want our vote accountable, no matter their political party. Moving this country forward is the most important thing.”

The mid-term elections being decided on November 7 will decide the make up of the U.S. House and Senate. Additionally, many important state and local elections are being contested this year.

“Many issues that will affect the future of working men and women will be decided by the outcome of this election,” Vice President Tolman said. “Your vote on November 7 can hopefully turn the tides back towards working people and away from the corporate titans who value profits over people.”

Registering to vote has been made simpler by the U.S. Election Assistance Commission (EAC). The EAC was established by the Help America Vote Act of 2002 (HAVA). Central to its role, the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections. According to the text of HAVA, the law was enacted to, “… establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and for other purposes.”

The deadline for voter registration is coming up soon in many states. To register to vote, go to: http://www.eac.gov and click on Register to Vote on the left hand side.

NOTICE OF IBT ELECTION

2006-09-15T14:25:00.000-07:00

NOTICE OF ELECTION

International Brotherhood of Teamsters

The election of International officers is being conducted by mail ballot by the IBT Election Supervisor. The positions to be elected are General President, General Secretary-Treasurer, seven At-Large Vice-Presidents, three International Trustees and eleven Regional Vice-Presidents, five to be elected by members from the Central Region, two to be elected by members from the South Region and four to be

elected by members from the Eastern Region. (Three candidates for Regional Vice-President from the West Region and three candidates for Vice-President from Teamsters Canada, including the President of Teamsters Canada, were declared elected at the IBT’s 27th International Convention.

On or about October 6, 2006, Election Supervisor Richard W. Mark will mail a ballot to all IBT members. The Election Supervisor will perform all functions relating to the mailing and counting of ballots. If you do not receive a ballot by October 19, 2006, if your address has changed recently if you need a duplicate ballot, or if you have any questions about this election, call 1-888-428-2006 (in the Washington D.C. area, 1-202-429-0403) immediately.

TO BE ELIGIBLE TO VOTE, a member must have his or her dues paid through October, 2006. Members may become eligible by paying any unpaid dues and initiation fees at their local union by the close of business on November 10, 2006. Members whose dues are withheld by their employer under a check off provision in their collective bargaining agreement will not be declared ineligible to vote due to the employer’s failure to make timely payment of those dues to the local union. For a full statement of the rules governing voting eligibility, please see Article V of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election.

TO VOTE, fill in the oval to the left of the candidate(s) or slate(s) of your choice.

• A vote for a slate takes precedence over a vote for an individual candidate

• You can vote for individual candidates, whether or not they are on a slate, so long as the total number of votes cast (including a vote for a partial slate) is not greater than the total number of candidates to be elected to that office.

• After marking your ballot, insert the ballot into the “Secret Ballot Envelope.” Use of this envelope ensures voter secrecy. Place the Secret Ballot Envelope in the return envelope and seal and mail the return envelope. Your address information on the return envelope is required to identify you as an eligible voter. Do not obscure, change, cover or remove this information. Your vote will remain secret because the Secret Ballot Envelope containing your ballot will be separated from the return envelope and mixed with other Secret Ballot Envelopes before it is opened and your ballot is removed.

The Election Supervisor must receive your ballot by 9 a.m. EST on November 14, 2006. Only those ballots received by this date and time will be counted. The ballot count will begin after 10 a.m. EST on that day, at the IBT International Election Count Site in the Washington D.C. metropolitan area.

DO NOT GIVE YOUR BALLOT TO ANYONE TO MARK OR MAIL ON YOUR BEHALF. No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his or her vote and to cast and mail the ballot himself or herself. The Election Supervisor shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member's ballot by any other Union member, officer, business agent, steward or other person, including, but not limited to, recommending appropriate disciplinary proceedings against members involved, referring the matter to the Independent Review Board or the Government for appropriate action under law (including the Consent Order) and, when appropriate, disqualifying the candidate on whose behalf ballots were solicited. In addition, violation of this prohibition may subject the violator to criminal prosecution under all applicable provisions of the United States Code, including, but not limited to, 18 U.S.C. Sections 241, 1503 and 1509.

Onlline Election Reporting Now Available to STs

2006-09-15T04:17:00.000-07:00

Online election reporting now available to STs

CLEVELAND, September 14 — As BLET Divisions nationwide prepare for their Triennial Election of officers, the BLET National Division has made online reporting of nomination results available to Division Secretary-Treasurers.

At their September meetings, Divisions will hold nominations for the various local offices (including president, vice president, secretary-treasurer, and local chairman, among others).

Division Secretary-Treasurers can report the nominating results on the BLET website in the same area where they file their monthly reports (www.ble-t.org/streport). A new link has been added in the ST Report section for “report nominations” under the Triennial Elections area.

Secretary-Treasurers with technical questions regarding the website should direct them to Walt Schmidt, Director of Online Services, at Webmaster@ble-t.org.

Questions regarding a candidate’s eligibility for office should be directed to Dennis Simmerman, Assistant to the President, at Simmerman@ble-t.org or (216) 241-2630, ext. 255.

Thursday, September 14, 2006
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4355

BLET, UTU meet jointly with NCCC

2006-09-08T19:01:00.000-07:00

CLEVELAND, September 8 — The national negotiating teams from the Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union met jointly on September 6 in Kansas City with the National Carriers’ Conference Committee (NCCC), which represents most of the major railroads and many smaller ones.

“Our strong show of solidarity has let the carriers know that we are serious about negotiating a top notch agreement for our membership,” BLET National President Don Hahs said.

First Vice President Ed Rodzwicz and UTU President Paul Thompson joined President Hahs at the meeting. Members of the BLET’s National Negotiating Committee and members of the UTU’s negotiating team were also in attendance.

“This is a time of record profits and record traffic volume for the carriers,” Hahs said. “Those profits are due largely in part to our highly skilled and dedicated members, who deserve a larger piece of the pie.”

The BLET and UTU have scheduled a second joint negotiating session with the carriers for October.

It has been nearly two years since the sides exchanged Railway Labor Act Section 6 notices, which are demands for changes in wages, rules and working conditions. Under the Railway Labor Act, contracts do not expire, but continue in force until changes are agreed upon and ratified by the membership. Section 6 refers to the section of the law providing for the sides to exchange demands for contract changes. Cost-of-living adjustments (COLAs) are paid semi-annually during the period of contract talks.

The BLET continues to negotiate as part of the Rail Labor Bargaining Coalition (RLBC), a coalition of seven unions representing nearly 85,000 rail workers.

Members of the BLET negotiating committee include President Hahs, Vice Presidents Dale McPherson and Steve Speagle, and General Chairmen Tom Roberts, Dennis Pierce and Tony Smith. Also representing BLET at the meeting was Dennis Simmerman, Assistant to the President.

Friday, September 08, 2006
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4353