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★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ BMWED Rejects Presidential Emergency Board Recommendations – Bargaining Continues September/December, 2011 The International Brotherhood Of Of Teamsters Number 5 COOLING OFF PERIOD EXTENDED On October 31, 2011, the Federal Railroad Administration (FRA) issued new regulations which will vastly improve conditions of camp cars used to house rail employees. The new regulations are the result of BMWED’s sustained, decades-long effort to improve camp car condi- tions for BMWED members. The FRA ISSUES NEW CAMP CAR SAFETY AND HEALTH REGULATIONS Final Rule Reflects BMWED’s Sustained Effort to Improve Camp Car Conditions Final Rule incorporates numerous recommendations proffered by the BMWED in our written comments to rulemaking docket. The often cramped and unsani- tary sleeping and eating quarters installed in former freight rail cars or trailers will now have to comply with See Cooling Off Period on Page 2 See FRA on Page 2 BMWED President Simpson Reelected IBT International Vice President On November 18, 2011, after the ballots had been counted, BMWED President Simpson, and the entire Hoffa-Hall slate won their election to International office by a wide margin. BMWED President Freddie Simpson will continue to serve in his capacity as a Teamster International Vice President. Five hundred and ninety-seven local unions in the United States and Canada, including the BMWED and BLET, voted in the Teamsters Union International Officers election. The Office of the Election Supervisor announced that the margin of victory was large enough that there will be no need to resolve any challenged ballots. “The members of this great International Union have spoken and they chose the proven leadership of General President Jim Hoffa,” President Simpson said. “I’m proud to have the honor of serving another term with General President Hoffa, General Secretary-Treasurer Ken Hall, and the entire slate of Teamster officers. I look forward to continuing the fight for stronger wages and benefits for our members, and a living wage for all Americans.” Sign up for BMWED News Alerts and get the latest news sent directly to your email account. To sign up visit the BMWED webpage at www .bmwe.org, or send your name and email address to [email protected], along with a request to be added to the BMWED News Alert list. President Simpson addresses BMWED National Association members concerning PEB 243. n December 1, 2011 the BMWED reached agreement with the National Carriers’ Confer- ence Committee (NCCC) for a 60- day extension of what was meant to be the final mandatory 30-day cooling off period, in order to continue bargaining. The BMWED, along with ten other unions, including the rest of the Rail Labor Bargaining Coalition (RLBC), was released from media- tion on September 6, 2011, and pursuant to Section 5 of the Rail- way Labor Act, was issued a mandatory 30-day cooling off period. In order to avert a strike or lock-out prior to the expiration of that cooling off period, a five- O member Presidential Emergency Board (PEB 243) was appointed by President Barack Obama. Prior to the PEB hearings, the BMWED, along with the RLBC, joined forces with the other rail coalition led by the Transportation Communications International Union (TCU) for the purpose of presenting a unified case before the Board. PEB 243 convened beginning October 13, 2011 and heard argu- ments from both the rail unions and the National Carriers’ Confer- ence Committee (NCCC), who represent the freight railroads participating in national bargaining.

BMWED Rejects Presidential Emergency Board …rail cars carrying hazardous materi-als. In camp cars where occupants cook, live and sleep, a minimum of 120 square feet of floor space

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BMWED Rejects Presidential Emergency BoardRecommendations – Bargaining Continues

September/December, 2011

The International Brotherhood OfOf Teamsters

Number 5

COOLING OFF PERIOD EXTENDED

On October 31, 2011, the FederalRailroad Administration (FRA) issuednew regulations which will vastlyimprove conditions of camp carsused to house rail employees. Thenew regulations are the result ofBMWED’s sustained, decades-longeffort to improve camp car condi-tions for BMWED members. The

FRA ISSUES NEW CAMP CAR SAFETY AND HEALTH REGULATIONS

Final Rule Reflects BMWED’s Sustained Effort toImprove Camp Car Conditions

Final Rule incorporates numerousrecommendations proffered by theBMWED in our written comments torulemaking docket.

The often cramped and unsani-tary sleeping and eating quartersinstalled in former freight rail cars ortrailers will now have to comply with

See Cooling Off Period on Page 2

See FRA on Page 2

BMWED President Simpson ReelectedIBT International Vice President

On November 18, 2011, after the ballots had beencounted, BMWED President Simpson, and the entireHoffa-Hall slate won their election to International officeby a wide margin. BMWED President Freddie Simpsonwill continue to serve in his capacity as a TeamsterInternational Vice President.

Five hundred and ninety-seven local unions in theUnited States and Canada, including the BMWED and BLET, voted in theTeamsters Union International Officers election. The Office of the ElectionSupervisor announced that the margin of victory was large enough thatthere will be no need to resolve any challenged ballots.

“The members of this great International Union have spoken and theychose the proven leadership of General President Jim Hoffa,” PresidentSimpson said. “I’m proud to have the honor of serving another term withGeneral President Hoffa, General Secretary-Treasurer Ken Hall, and theentire slate of Teamster officers. I look forward to continuing the fight forstronger wages and benefits for our members, and a living wage for allAmericans.”

Sign up for BMWED News Alerts and get the latest news sent directlyto your email account. To sign up visit the BMWED webpage atwww.bmwe.org, or send your name and email address [email protected], along with a request to be added to the BMWEDNews Alert list.

President Simpson addresses BMWED National Association members

concerning PEB 243.

n December 1, 2011 theBMWED reached agreement

with the National Carriers’ Confer-ence Committee (NCCC) for a 60-day extension of what was meantto be the final mandatory 30-daycooling off period, in order tocontinue bargaining.

The BMWED, along with tenother unions, including the rest ofthe Rail Labor Bargaining Coalition(RLBC), was released from media-tion on September 6, 2011, andpursuant to Section 5 of the Rail-way Labor Act, was issued amandatory 30-day cooling offperiod. In order to avert a strike orlock-out prior to the expiration ofthat cooling off period, a five-

Omember Presidential EmergencyBoard (PEB 243) was appointed byPresident Barack Obama.

Prior to the PEB hearings, theBMWED, along with the RLBC,joined forces with the other railcoalition led by the TransportationCommunications InternationalUnion (TCU) for the purpose ofpresenting a unified case before theBoard.

PEB 243 convened beginningOctober 13, 2011 and heard argu-ments from both the rail unionsand the National Carriers’ Confer-ence Committee (NCCC), whorepresent the freight railroadsparticipating in national bargaining.

BMWED JOURNAL2

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BMWE Division

JOURNAL CONTENTSSEPTEMBER/DECEMBER, 2011 BMWE DIVISION JOURNAL VOLUME 120 NUMBER 5

The BMWED Journal is the official news publication of the Brotherhood of Maintenance of Way Employes Divisionof the International Brotherhood of Teamsters

Freddie N. SimpsonPresident and Editor

Perry K. Geller, Sr.Secretary-Treasurer

Randall BrassellAssociate Editor

The BMWED Journal (ISSN 1049-3021/USPS 067640) is published bi-monthly – 6 times annually at 20300 CivicCenter Drive, Suite 320, Southfield, Michigan 48076-4169. Periodicals postage paid at Southfield, Michigan andadditional mailing offices.

ATTENTION POSTMASTERSend address changes to BMWED, 20300 Civic Center Drive, Suite 320, Southfield, Michigan 48076-4169.

Subscription Price: U.S. and Canada—$20.00 (U.S.) per year, in advance.

www.bmwe.orgCooling Off Period Extended . . . . . . . 1 - 2, 8BMWED President SimpsonReelected IBT InternationalVice President . . . . . . . . . . . . . . . . . . . . . . . 1FRA Issues New Camp CarSafety and Health Regulations . . . . . . . . 1 - 2President’s Perspective . . . . . . . . . . . . . . 3 - 7BMWED Job Opening . . . . . . . . . . . . . . . . . 3Daniel Yack Joins BMWED Staff . . . . . . . . 3Happy Holidays . . . . . . . . . . . . . . . . . . . . . 4Joseph J. Kraljic Retires . . . . . . . . . . . . . . . 5A New Director of GovernmentAffairs Appointed . . . . . . . . . . . . . . . . . . . . 5Centenarians . . . . . . . . . . . . . . . . . . . . . . . . 5A Vice President Speaks . . . . . . . . . . . . . . . 6Standing Together . . . . . . . . . . . . . . . . . . . . 6Secretary-Treasurer’s Report . . . . . . . . . . . 7Leon R. Fenhaus Retires . . . . . . . . . . . . . . . 8Roll of Honor . . . . . . . . . . . . . . . . . . . . . 9 - 10

© BMWED 2011 All rights reserved.

2012 Railriad RetirementBenefit Increases . . . . . . . . . . . . . . . . . . . . 10Around the Brotherhood . . . . . . . 11, 14 - 16Democrat, Republican,Independent Voter Education . . . . . . . . . . 12Statement of Ownership . . . . . . . . . . . . . 12FRA Issues Regulations for ConcreteCrossties and Fasteners . . . . . . . . . . . . . . 13Poem—An Old Gandy Passed Away . . . . 13Retiree Earnings Limits toRise in 2012 . . . . . . . . . . . . . . . . . . . . . . . . 16Death Benefits . . . . . . . . . . . . . . . . . . . . . . 17Apply Now for a Union PlusScholarship . . . . . . . . . . . . . . . . . . . . . . . . 17BMWED Legislative Issues–112th Congress . . . . . . . . . . . . . . . . . . 18 - 19IHB Decision To Use BMWEDFor Project Pays Off . . . . . . . . . . . . . . . . . 20

Cooling Off PeriodContinued from Page 1

FRAContinued from Page 1

the rules issued by the FRA, includ-ing requirements for potable hot andcold water in all showers and sinks;requirements for testing, disinfectingand maintaining water supplysystems; an increase in minimumsquare footage of living space from50 to 80 square feet per occupant; amaximum of 4 occupants per campcar or trailer; one toilet, sink andshower for the first two persons

occupying a car with an additionaltoilet, sink and shower for each thirdor fourth person; improved sanita-tion and sewage disposal require-ments; improved food handling andstorage requirements; a maximumtemperature of 75 degrees Fahren-heit during hot weather and aminimum of 68 degrees during coldweather; prohibitions against the useof multi-level bunk beds; a suitablelockable locker for each occupant’spersonal belonging; restrictionsagainst noise under the control of

the railroad exceeding 55 dB(A); andrestrictions against locating campcars in the immediate vicinity ofswitching and humping of placardedrail cars carrying hazardous materi-als. In camp cars where occupantscook, live and sleep, a minimum of120 square feet of floor space peroccupant must be provided.

Additionally, the new regulationsrequire water supplied to the cars tomeet the EPA National PrimaryDrinking Water Standards for potablewater; compliance with electricalsafety standards; minimum lightingrequirements; vermin and pestcontrol; first aid kits; smoke alarms;carbon monoxide detectors; fireextinguishers; a means to notifyoccupants of impending weatherthreats such as thunderstorms,hurricanes, tornados, floods, etc.;and the posting of emergencyevacuation information and direc-tions and contact information for thenearest medical facility. Unlessotherwise provided by a collectivebargaining agreement, clean linens,soap, hand towels or hand dryers,and an individual shower towel mustalso be provided.

Under the new rules, a railroadshall, within 24 hours of receiving agood faith notice from a camp caroccupant or an employee labororganization, correct each non-complying condition on the camp caror cease use of the camp car assleeping quarters. In the event thatsuch a condition affects the safety orhealth of an occupant, such as, butnot limited to, water, cooling, heat-ing, or eating facilities, sanitationissues related to food storage, foodhandling or sewage disposal, verminor pest infestation, or electricalhazards, the railroad must immedi-ately upon notice provide alternativearrangements for housing andproviding food until the conditionadverse to the safety or health of theoccupant(s) is corrected.

The Norfolk Southern Railroad isthe only Class I railroad in the

country still utilizing camp cars. Allother Class I railroads have aban-doned camp cars in favor of utilizinghotels to house BMWED membersworking away from home.

“Our members who maintainand build track and related infra-structure for Norfolk Southernshould see significant and sustainedimprovements in camp car condi-tions” said Fred Simpson, Presidentof the Brotherhood of Maintenanceof Way Employes Division andTeamsters International Vice Presi-dent. “I’ve experienced the crampedand unsanitary conditions insiderailroad camp cars. I challengeNorfolk Southern to act as theupstanding corporate thoroughbredsthey profess to be and maintain theircamp cars over and above theseminimum standards set by theFederal Government.”

President Simpson said, “Thisfinal rule reflects a sustained, de-cades-long effort by the BMWED toimprove camp car conditions forBMWED members. I am pleased thatFRA has promulgated minimumhealth and safety standards soBMWED members on NorfolkSouthern will finally have a safer andmore healthful place to sleep after ahard day’s work. I want to thank ourNational Division and SystemOfficers, BMWED’s Safety andLegislative Departments, and ourmembership for helping bring anend to the most egregious condi-tions and abuses historically associ-ated with camp cars. I also want topublically thank the Federal RailroadAdministration for promulgating thisimportant regulation to protect thesafety and health of railroad employ-ees assigned to camp cars.”

The Final Rule becomes effectiveon December 30, 2011. The new rulecan be found at:http://www.federalregister.gov/articles/2011/10/31/2011-27818/safety-and-health-requirements-related-to-camp-cars

See Cooling Off Period page 8

The report and recommenda-tions of PEB 243 were released onNovember 5, 2011, and com-menced the final, mandatorycooling off period. Those recom-mendations made by the PEB,ignored the factual evidencepresented by the rail unions, andwith minor incremental changes,followed the voluntary agreementreached by the United Transporta-tion Union and the NCCC.

The BMWED craft-specificissues were referred back to “localhandling” and contains no methodto compel an agreement. In otherwords, the PEB made no attempt toresolve those issues, including

“away-from-home expenses.”BMWED has reluctantly agreed

to accept the recommendations ofPEB 243, provided the carriersagree to a reasonable adjustmentto “away from home expenses.”Without an increase, BMWEDmembers will be coping withincreased meal and travel costswithout an adjustment for morethan 15 years.

BMWED President FreddieSimpson offered, “I said at thebeginning of this process that theBMWED would not leave thebargaining table without makingimprovements in away from homeexpenses and living conditions fortraveling employees.”

On November 22, 2011,President Simpson advised the

NCCC that the BMWED intended toextend the cooling off periodscheduled to end on December 6,2011 until February 10, 2011, inorder to further negotiations withthe rail carriers, and spare thecountry and our members anational rail strike during theholiday season.

In a response to the BMWED’sintention to extend the cooling offperiod, the NCCC advised theywould agree to an extension aslong as the other two remainingcrafts without tentative agreementswould also agree to an extension.Those crafts, the Brotherhood ofLocomotive Engineers and Train-men (BLET), and the AmericanTrain Dispatchers Association(ATDA), both rejected that offer.

However, on December 1, 2011,both the BLET and the ATDAreached tentative agreements thatthey felt could be sent to theirmembers for ratification, prompt-ing the NCCC to agree to an exten-sion of the cooling off period withthe BMWED.

“The BMWED did not take thisaction because it was afraid tostrike. We took this action becausewe believe it gives our membersthe best opportunity to resolve theexpense issue quickly and fairly,steer clear from an interruption tocommerce and avoid a wage lossto our members and other unionmembers who would honor ourpicket lines,” said BMWED Presi-dent Simpson.

SEPTEMBER/DECEMBER 2011 3

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Freddie N. Simpson

P R E S I D E N T ’ S

PERSPECTIVE

Daniel Yack JoinsBMWED Staff

Daniel Yack joined the BMWEDstaff on July 1, 2011, filling theposition of Staff Assistant, Informa-tion Systems.

Daniel works in the Secretary-Treasurer’s Department inSouthfield, Michigan, where hisduties include help desk support,equipment troubleshooting andmaintenance, and website support.He is also responsible for prepara-tion of new equipment, repairingfaulty equipment, and is respon-sible for design, layout, and main-tenance of the BMWED website.

Daniel came to the BMWEDfrom Alliance Inspection Manage-ment where he worked as anAssistant Administrator. He holds aBachelor of Arts in business fromDavenport University where hemajored in computer information.

The Brotherhood is seekingapplicants to fill the position ofAssistant to the President StateLegislative Affairs.

This position will work underthe direction of the President,and the National LegislativeDirector, in the Washington, DCoffice. Responsibilities willinclude overseeing and coordi-nating legislative issues on thestate and local level, and coordi-nating state and local efforts byState Legislative Directors. Theideal candidate must havestrong organizational, adminis-trative, and writing skills, includ-ing computer and keyboardingskills, strong oral and writtencommunications skills, and theability to articulate BMWEDpositions on a number of issuesas directed by the President and

BMWED Job Openingthe Department Directors. Thecandidate must be a self starterwith the ability to handle multipletasks in a fast paced and highintensity work environment. Thecandidate must have excellentinterpersonal skills and the abilityto represent BMWED before themembership, the public, and thevarious agencies/entities withwhich the BMWED interacts.Experience in employee protectiveissues, legislation,and railroadsafety is desirable.

Starting salary commensuratewith skills and includes a fullbenefits package. The position willbe headquartered in the Washing-ton, DC office.

If you are a BMWED memberand desire to be considered for thisposition, please provide a detailedresume that includes the following

information:• Railroad employment

history.• BMWED offices and posi-

tions held.• A brief description of your

experience in any of thefollowing areas: employeeprotection, legislation, andrailroad safety.

• Writing samples.• Level of computer skills

(Word/Word Perfect).

Interested applicants shouldsend their resume to:

Freddie Simpson, PresidentC/O Job Openings

BMWED20300 Civic Center Drive

Suite 320Southfield, MI 48076-4169

LOCAL LODGESPlease notify the BMWED National Division of the passing of any retired BMWED member.

Call (248) 948-1010, extension 636.

Saddled with a disappointing report, and recommendations fromPresidential Emergency Board 243 (PEB), we have been mobilizing and

working very hard to overcome those recommendations. As if imposing

on us the UTU insurance give-backs weren’t bad enough, the PEB,in their infinite wisdom, referred“away-from-home expenses” backto “local handling.” In other words,they did nothing to correct theinequity of the current expenseallowances and rolled over for thefreight railroads.

I have said since the end of thelast bargaining round that BMWEDwould not leave the bargainingtable without having advanced theaway-from-home expense issue.Fifteen years is too long to gowithout an increase in expenses.Everyone, including the railroads,knows that travel and meal ex-penses have gone up dramaticallysince the last increase, and allow-ances should be increased accord-

ingly. Otherwise, our membersrequired to work away-from-homeend up subsidizing the railroads.Our members are the backbone ofthis industry, and the industry isreaping record profits while ourmembers struggle to keep up witha rising and unstable economy.

This issue affects thousands ofour members, many of whom haveno other alternative other than towork away-from-home.

With the situation movingforward with a strike or lock-outpending, and the real threat thatCongress would simply impose thePresidential Emergency Board’sunreasonable recommendations, Ihad advised the carriers of myintent to extend the cooling offperiod until February 10, 2012. This

commitment was made with theprospect of accomplishing twothings; provide an opportunity forhard bargaining over away-from-home expenses without the issuegoing on into perpetuity, and giventhe fragile state of the economy,spare the nation a rail strike duringthe busy holiday season while stillretaining our right to self-help. Thecarriers responded with an offer ofagreement to extend the cooling offperiod until February 8, 2012, witha mutual understanding that wewould make a good faith effort toresolve our bargaining dispute on avoluntary and expeditious basis,provided that all three remainingcrafts (BMWED, BLET and ATDA)agree to the extension. I wasnotified on November 29 by the

Presidents of both the Brotherhoodof Locomotive Engineers andTrainmen, and the American TrainDispatchers Association, that theywould not agree to the extension ofthe cooling off period.

On December 1, 2011, both theBLET and the ATDA reached a dealwith the carriers that they areattempting to ratify, prompting theNational Carriers’ ConferenceCommittee to agree to an extensionwith the BMWED. Accordingly, wewill continue to press for a volun-tary resolution to our issue of

See President’s Perspective Page 7

4

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BMWED JOURNAL4

National Division

President

Freddie N. Simpson

National Division

Secretary-Treasurer

Perry K. Geller, Sr.

Vice President of

Western Region

Dave Tanner

Vice President of

Southwest Region

Roger Sanchez

Vice President of

Southeast Region

Randy Cook

Vice President of

Northeast Region

Henry W. Wise, Jr.

Vice President of

Northwest Region

David D. Joynt

Bill R. Palmer

Chairman

Executive Board

Gary L. Cox

Secretary

Executive Board

Paul R. Beard

Member

Executive Board

Mark S. Wimmer

Member

Executive Board

Wayne E. Morrow

Member

Executive Board

Wishing You and Your FamilyA Happy Holiday Season

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5

Centenarians“Happy Birthday” wishes to the following BMWED retirees who recently celebrated their 100th birthday:

Aaron Holmes

A Valdosta, Georgia resident, Brother Holmes celebrated his 100th birthday on October 4, 2011. Brother Holmes retired from his position as an ExtraGang Laborer with Southern Railway in 1976.

Alphonso Hudson

A Madison, Florida resident, Brother Hudson celebrated his 100th birthday on October 27, 2011. Brother Hudson retired from his position as a Laborerwith the Georgia and Florida Railway in 1976.

Rosendo Lopez

A Compton, California resident, Brother Lopez celebrated his 100th birthday on October 19, 2011. Brother Lopez retired from his position as a Laborerwith the Southern Pacific Transportation Company in 1976.

The BMWED extends its sincere best wishes to these retirees. Happy Birthday!

SEPTEMBER/DECEMBER 2011

BMWED Legislative/Organizing RegionalAssistant Joe Kraljic retired effective November30, 2011. Brother Kraljic retires after 37 years ofservice.

Brother Kraljic began his railroad career in1974 with the Burlington Northern Railroad inMinneapolis, Minnesota, as a Track Repairman.He also held seniority as a Truck Driver, MachineOperator, Foreman, and Track Inspector.

Brother Kraljic was elected to the position ofSouth Dakota Assistant State Legislative Directorin 1984 and then to the Director position in 1989.He served as the State Director until PresidentSimpson appointed him to the position ofRegional Legislative Coordinator for the North-west Region. His responsibilities were laterexpanded when he was appointed Legislative/Organizing Regional Assistant.

President Simpson offered, “Joe has beenan asset to the BMWED for his entire career andwe wish him the best in his retirement.”

Joseph J. Kraljic Retires

Brother Kraljic and his wife Maggy plan toremain in Sioux Falls, SD, where he plans to stayactive in politics.

“Today in a America, unions have a secure place in our industrial life. Only a handful ofreactionaries harbor the ugly thought of breaking unions and depriving working men and womenof the right to join the union of their choice. I have no use for those—regardless of their politicalparty—who hold some vain and foolish dream of spinning the clock back to the days whenorganized labor was huddled, almost as a helpless mass.”

President Dwight D. Eisenhower

Charlie Hogue assumed the Director ofGovernment Affairs position effective with theretirement of Leon Fenhaus on November 1,2011. He previously served as a Vice Chairmanfor the Unified System Division.

Brother Hogue has served the BMWED in anumber of different capacities including LocalLodge Chairman. He served as a conventiondelegate to the past four consecutive BMWEDConventions and has also served as a delegateto the IBT International Convention. He wasassigned to the Bylaws Committee at the lastBMWED National Convention.

Brother Hogue started his career with thePortland Terminal Railroad Company where heworked in a number of different positions.

A New Director of Government Affairs AppointedHis political experience includes a term as

Mayor of Lyman, Wyoming, and a ten-year stinton a local legislative committee for the UnitedSteelworkers of America. He served on the NPTEmployees Federal Credit Union Board and theUinta County Joint Powers Board. He alsoserved as Board of Directors Commissioner forSkyline Hospital in White Salmon, Washington.

As well, Brother Hogue spent time workingin the Washington, DC office prior to assumingthe Director’s position.

President Freddie Simpson offered, “I haveknown Charlie for some time and have everyconfidence he will do a fine job as our newDirector of Government Affairs. I look forward tohaving Charlie on our team.”

If you have a special hobby or talent,hold public office, or have a story youwould like to share, we would like tohear from you. Share your story withour BMWED Brothers and Sisters inthe BMWED Journal.

Please send us your pictures and briefdetails along with a name, addressand telephone number.

You may email, or send by U.S. Mail

[email protected]

Or,

BMWED Journalc/o Randall Brassell

242 West Main Street #394Hendersonville, TN 37075

WE WANT TO

HEAR FROM

YOU

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BMWED JOURNAL6

Standing Together

James P. Hoffa, General President,

International Brotherhood of Teamsters

A Vice President SpeaksCorporations Are PeopleGive Me a Break

O

Henry Wise

BMWED

Vice President,

Northeast Region

n January 21, 2010, the U. S. SupremeCourt’s five conservativeJustices ruled that corpora-tions are people. In its 5-4decision the court ruled infavor of a right-wingconservative group, Citi-zens United, who had beenbarred from running ads fora movie attacking HillaryClinton during the 2008Presidential campaigns.

Without going intogreat detail, the result ofthe decision, simply stated,now allows corporations to

funnel unlimited money into political campaigns,sometimes under the cloak of secrecy. In fair-ness, it should be stated that the ruling alsoincluded unions. But, does anyone believeunions have the same purchasing power as bigcorporations? Of course not.

You may wonder why I write about a two-

year old ruling. The damage from the ruling isreaching its apex. For the past two years, corpo-rations have been free to spend as much as theywish in order to influence politicians and legisla-tion. The impact has been obvious.

The Koch Brothers (Koch Industries) andother corporate interests have managed toinfluence the political process in such a way thathas left us with a number of governors and lawmakers that have made it their mission todestroy unions and the middle class whileworking to eliminate any sensible regulation onindustry. Of course, the talking points are,reduce corporate taxes, eliminate regulations oncorporations, and through their benevolencethey will respond by creating thousands of jobs.So far, the only sign of job creation by thesecorporations has been in foreign sweat shops.

How crazy is it that corporations that arespread across the globe, and have no allegianceto any one country are treated as Americancitizens with all the individual rights that entails?

If corporations are people why are they notheld to the same legal standard as individuals?There are too many instances when corporationshave caused death and destruction only to gounpunished or simply pay a fine. A prime ex-ample of this was the Union Carbide Bhopal

Disaster which resulted in the deaths of 3,787people and was completely brought to closure bya $470 million settlement. If a real person causedthe death of another person through his or hercareless actions they would, at a minimum, becharged with manslaughter. Yet, corporationscontinue to cause harm to people and the envi-ronment with little or no accountability.

Without political change in this country, I seeno hope to reverse the damage done by thisruling. In my opinion, the only hope is thatregular Americans will wake up and vote in theirown interest. In order to do that they have tostop buying the right wing garbage beingspewed by certain individuals on AM radio andcertain TV fake news channels.

There appears to be a trend in the rightdirection. A number of state law makers havebeen recalled after initiating and supportinganti-worker legislation, and the fact that Ohio’sbill to strip public sector workers of bargainingrights was repealed by an overwhelmingmargin, are positive signs. But, corporate fundedpoliticians in Congress are still pushing aheadwith a number of union busting measures aimedat further weakening workers’ rights.

I read somewhere, “Human beings arepeople; corporations are legal fictions.” Humanbeings still have the power of the vote and canmake a difference. But, it requires each of usto make a commitment and make our voicesheard.

orporations with money to burn and the politicians they own are attacking our right

to collectively bargain. Collective bargaining

works—it works for the companies, the employ-ees and for America. Collective bargaining rightsmake a decent, middle-class life possible formillions of U.S. workers—the kind of life wherehealth care is affordable, we have a solid roofover our heads and where we have food on thetable. But many corporations and elected offi-cials are hell-bent on taking bargaining rightsaway. And it isn’t just organized labor they’reattacking.

I’ve been saying it for months now: A war isbeing waged against American workers. Theeconomic survival we once took for granted isless and less certain. The dangers of plantclosures, unemployment, indebtedness andmedical catastrophe loom closer even as ourstandard of living slowly erodes.

Workers have always had to stand togetherand fight for a fair wage, health benefits and

C

retirement with dignity. And that’s why laborunions fit right in with the protesters who areoccupying Wall Street and dozens of other cities.

Today, the 99 percent are taking militant,nonviolent direct action in Lower Manhattan.They’re camped out in front of Los Angeles CityHall and the Chicago Federal Reserve Bank andin Boston’s Financial District. And, I am proud tosee that members of our Rail Conference, bothBrotherhood of Maintenance of Way Employesand Brotherhood of Locomotive Engineers andTrainmen, have been out standing tall with otherunion members and activists.

We must demand action to get our countryback on track. The crisis we have with jobs isn’t aRepublican problem or a Democratic problem. Itis time for both sides to come together to helpput Americans back to work for the good of ourcountry.

Fraternally,James P. Hoffa

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Perry K. Geller, Sr.

S E C R E T A R Y - T R E A S U R E R ’ S

REPORTP

lenty of questions have arisen regarding the emergening phenomenonknown as Occupy Wall Street. Does the movement help or hurt the

cause of organized labor? What is the purpose of the Occupy movementand how is it similar and different from the purpose of Organized Labor?

SEPTEMBER/DECEMBER 2011

What is the purpose of theOccupy movement and how is itsimilar and different from thepurpose of Organized Labor? Arewe natural allies with similar goals,or are we on completely differenttrajectories?

The answers to these questionsare not easily understood due tothe short history of the Occupymovement, the lack of a coordi-nated and identifiable leadershipwithin the movement, mixedmessages regarding its goals, itsquestionable sustainability over thelong term, and its inability torestrain a small minority of theradical “fringe” who have sulliedthe image of the movement byresorting to violence and vandalismrather than adopting themovement’s ideals of peacefulprotest and resistance.

However, these challengesaside, the Occupy movement ismaking an important social andpolitical impact and it continues togrow. What motivates the Occupymovement is not dissimilar to whatmotivates Organized Labor: adesire to reverse the growing gapin income inequality, a desire forgood jobs with living wages andbenefits, and a desire to preservethe middle class and the Americandream.

It is not a coincidence that themajority of Occupiers are young

adults. Nationwide, the unemploy-ment rate is stuck at a stubbornnine percent. However, the employ-ment rate for young adults age 16-29 is only 55 percent, meaning that45 percent of this age group iscurrently not employed. Recentcollege graduates, many saddledwith the crushing debt of studentloans, cannot find work in virtuallyany field, let alone their field ofstudy. And those without collegedegrees are even worse off due tothe slump in construction jobs andthe continued export of Americanmanufacturing jobs. Adding to theproblem for young Americans is afinancial/banking system that hasseverely curtailed lending andincreased the cost of credit forthose who need it most.

Today, nearly 6 million Ameri-cans age 25-34 currently live withtheir parents due to the lack of jobsand no opportunity for upwardmobility. But it’s not only studentsand other young adults that areaffected by the jobs crisis. Re-cently, hundreds of Afghanistanand Iraq war veterans across thenation have joined the Occupymovement to protest the lack ofjobs and opportunity for returningwar veterans.

The Occupy movement refersto themselves as the 99 percent.This is because the top one percentof the wealthiest American house-

holds control a disproportionateamount of our nation’s wealth.Whether or not you empathize withthe Occupy movement, BMWEDmembers, and all rail workers, areeconomically among the 99 percentstruggling to make ends meet in anation increasingly made up ofhaves and have-nots. From aneconomic standpoint, we have a lotin common with the students,senior citizens, and veterans whoare protesting as part of the Occupymovement.

While the rich get richer andcorporations hoard cash, thepoverty rate in the U.S. continuesto rise. According to the recentCensus Bureau Report titled “In-come, Poverty, and Health Insur-ance Coverage in the U.S.:2010,”the number of American’s living inpoverty rose for the third year in arow. According to the report, thepoverty rate in the U.S. is now over15 percent. Real median householdincome declined by 2.3 percentbetween 2009 and 2010, and thenumber of Americans withouthealth insurance is now almost 50million.

As working people, Labor canempathize with the economicissues of the Occupy protesters.Organized Labor has been fightingthese battles on behalf of themiddle class for over 100 years. Wehave been able to sustain this fight

because we are organized, becausewe have democratically electedleadership, and because we havestructure and the financial andorganizational support of ourmembership. The longevity of ourmovement, or any movement, isrooted in organization. Organiza-tion is what allows us to make andimplement strategic plans. Organi-zation is what gives us the ability toeducate and mobilize our member-ship in support of working familyvalues. And organization is whathas allowed us to sustain and bepart of the union movement sinceour founding as a Brotherhood in1887.

Yes, I have been inspired by thetenacity and “people power”demonstrated by those participat-ing in the Occupy protests. Theissues of the Labor movement andOccupy movement overlap quite abit and we seem to have a numberof issues in common. But tenacityand people power alone are notenough to sustain the Occupymovement over the long haul.They will need organization andstructure to survive over the longhaul.

Of course, I wish the Occupymovement well. The best advice Ican offer the Occupy movement isalso Labor’s rallying cry: Organize,Organize, Organize.

President’s PerspectiveContinued from Page 3away-from-home expenses, buthave not relinquished any legalright to self-help should thatbecome necessary.

Extending the cooling offperiod for 60 days will allow ourmembers to enjoy the Christmasand New Year holidays as a time ofpeace at home with their families,without being concerned about apending strike or some other actioninterfering with time that should bespent with friends and family.

This issue was not resolved in

the last round of bargaining andour members cannot wait five moreyears. The railroads can avoid anyfuture disruption to service bycoming to the table prepared tobargain fairly. Not to resolve thisissue would only mean a discor-dant and strained relationshipgoing forward. As it has been allalong, my hope is that we canreach a peaceful resolution to thisissue.

The hard work put into thiseffort by the BMWED BargainingCommittee and staff, coupled withthe support of the membership, hasbrought us to this point. I have no

doubt that, with your support, wewill reach a fair resolution of thisissue.

We can win this battle. We mustcontinue to show unity, not onlywithin our craft, but also with ourbrothers and sisters within theother rail crafts. We are on the rightside, and the honorable side of thisissue. No one should have to paytheir employer for the privilege ofcoming to work.

Bargaining will continue, andmembership support and input isvery important to the process. Stayin tune to how things are progress-ing and attend your local union

meetings, watch our website atwww.bmwe.org, and while visitingour website sign up for “BMWEDNews Alerts.”

Frederick Douglas once said, “Ifthere is no struggle, there can beno progress.” The BMWED hasstruggled forward for the past 125years and the progress is evident.We will continue to move forward.

Stay safe and enjoy yourholidays. I wish every BMWEDmember and family my sincerestwish for a very happy Christmas,and a healthy and prosperous NewYear.

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BMWED JOURNAL8

BMWED Director of GovernmentAffairs Leon Fenhaus retired effec-tive September 30, 2011, leavingbehind a career that spanned nearly40 years.

Brother Fenhaus has served themembership of the BMWED in onecapacity or another for the past 35years. He started his railroad careeron the Chicago & North WesternRailroad in June, 1972, as a Track-man, and was promoted to TrackForeman and Track Inspector. Hisrailroad career lasted until April,1984, when he began serving as afull-time union officer following anelection by the members in Septem-ber 1983.

At different times during BrotherFenhaus’s career with the railroad healso served the BMWED as the SouthDakota Assistant State LegislativeDirector. He also served as Secretary- Treasurer, and President for LocalLodge 960, chartered in Rapid City,SD. Lodge 960 later consolidatedwith Lodge 1071, chartered in Lusk,Wyoming. He was elected to theC&NW System Executive Board in1977, and his first full-time positioncame in 1984, after being elected toserve as a Vice Chairman. He waselected C&NW General Chairman inSeptember, 1988, and was thenelected to serve as Vice President forthe Northwest Region from Septem-ber, 2002 until 2008. In 2008 Presi-dent Simpson named him to fill theposition of Assistant to the Presi-dent. He held that position brieflyand was then appointed Director ofGovernment Affairs in 2009.

“Leon has served this Brother-hood well in every position he hasheld,” said President Simpson. “Histalents, and his loyalty to our mem-bers will be missed by all. Thecontributions he has made to thisunion over the past four decades areimmeasurable. I know I speak for allof the BMWED in wishing him a longand happy retirement.”

Brother Fenhaus will spend hisretirement at his home in RapidCity, South Dakota with his wifeCheryl. He plans to spend muchmore time with Cheryl, their threechildren and eight grandchildrenwhen he is not gardening or spend-ing time hunting or fishing.

Leon R. Fenhaus Retires

Cooling Off PeriodContinued from Page 2

Under Section 10 of the RLA, if a dispute substantially threatens essential transportation in any section of the country,the NMB notifies the President who may establish a Presidential Emergency Board (PEB). If so created, the PEB has 30days in which to investigate the dispute and report to the President during which the status-quo remains in effect. Theparties may choose to accept the recommendations of the PEB, negotiate their own agreement, or, after 30 days fromthe issuance of the PEB report to the President exercise Self Help, unless Congress takes action.

Change of Address RequestPlease remember to notify your System Division/Federation and/orthe National Division of any change to your address or telephonenumber. It is vital that this information be kept current. Railroademployers do not always provide this information to the BMWED.

“We have conceded no legalrights by our actions. We havemerely postponed the date we willconsider ourselves able to exerciseself-help, if that is the correct andnecessary course of action.

“We will continue to demandthat the railroads bargain over theseissues, and bargain fairly. It is

unbelievable that in a time when therailroads are making exorbitantprofits, they would not want toprovide the very people producingthose incredible profits with areasonable allowance withoutrequiring them to supplement theirown expenses. Our members whowork away from home, and awayfrom their families, should not haveto pay to go to work each day.”

Bargaining will continue during

the extension of the cooling offperiod. If an agreement is notreached by the end of that period,BMWED will review the status andprogress of those negotiations anddecide whether negotiations shouldcontinue.

Meanwhile, attend local unionmeetings, watch the BMWEDwebsite, and if you are not receiv-ing “BMWED News Alerts,” sign upat www.bmwe.org.

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SEPTEMBER/DECEMBER 2011

ROLL OFHONOR

10 yearM E R I T A W A R D

Sam Acosta USD-W 1517 2000Nicolas Aguilera AF-SW 1058 2001M D Ahlberg ICGF 0017 2000Vicente J Alamo USD-W 0968 1997Nathaniel E Allen USD-W 1054 2001Kevin A Allen USD-W 0941 1995Frank T Allred USD-W 1348 2001Max Alvarez USD-W 0779 1995Clarence Arcclesse Jr AF-SW 1058 2001Ricardo Arevalo USD-W 1227 2001Gilbert R Atcitty USD-W 0779 1997Del G Ball USD-W 0508 2001Chad J Barron AF-SW 2762 2001Johnie R Blanchett USD-NW 1847 2001Mario P Brito USD-W 1862 2001Deemar Calliston USD-W 1709 1997Gary D Carden AF-SW 0601 2001Tony D Cardwell USD-W 1054 2001Roberto Carreno USD-W 1002 1998Nathan A Casteel AF-SW 0965 2001Matthew Charley USD-W 0508 2001Santos Chavez Jr USD-NW 1152 2001Eric S Chouquer USD-W 1020 2001John W Clark USD-W 1709 1995Scott J Clay USD-NW 1152 2001Bennie K Claybourn ICGF 0017 2001D D Cordova USD-W 1516 1996Justin Cordova USD-W 0779 1999Adam G Cutshall USD-W 0779 2000Marlin R Danford AF-SW 1025 2001William A Dennison USD-W 0968 2000Austin A Dill AF-SW 1137 2001Orrin B Dotson USD-W 1020 2001Paul D Duffey USD-W 1517 1995Ruben J Duran USD-W 1227 2001Larry L Fairchild USD-NW 0377 2001Jeremy J Fitzwater USD-W 0686 2000Michael G Fordham USD-W 0779 1997David B Foster USD-W 0779 1997David D Fredericks USD-NW 1152 2001Joseph F Frustaci Jr USD-NW 0377 2001Harvey J Gabardi USD-W 0779 1997Arthur C Gallegos USD-W 0941 2000Gabriel Garcia USD-W 1020 1996Bradley A Givens USD-W 0227 2001Larry S Glover AF-SW 2762 2001Aaron S Goldenstein ICGF 0017 2000Samuel Gomez Jr AF-SW 2754 2001Enrique T Gonzales USD-W 0941 1993Brandon K Gorrell USD-W 0757 2001Samuel X Grant USD-W 0779 2000Keith W Guiles AF-SW 1365 2001Reyes Guzman Jr AF-SW 2754 2001Ryan M Hager USD-W 0757 2001Rodney D Harris USD-W 1216 2001Vernon L Harrison AF-SW 1058 2001Wilbert E Haywood Jr AF-SW 1058 2001Albert J Herrera USD-W 0779 1995Robert S Highberger USD-W 1517 1997Russell L Hill USD-W 0227 2001Randall L Hoff USD-W 0833 1995Clyde H Holmes USD-W 1054 2001Conley Holmes AF-SW 0514 2001Cameron C Hoppes USD-W 0473 1997Troy H Horrocks USD-W 1709 1997Jerric J Hudson AF-SW 1058 2001Michael J Hunsaker USD-W 1709 1995Matt N Hunsaker USD-W 0968 1997Jason E James USD-W 0779 1997Roland L Jesse Jr USD-NW 0342 2001

Christopher J Jimenez USD-W 0968 1999Leonard O Johns Jr AF-SW 1058 2001Roderick L Johnson AF-SW 0601 2001Billy A Jones USD-W 0875 2001Anthony Jones USD-W 0875 1999Michael E Jones AF-SW 0450 2001Harry Joseph AF-SW 1058 2001Michael R Jospeh AF-SW 1058 2001John M Kemple USD-W 1709 1995Michel J Kerwood USD-W 0941 2000Thomas W Kleinert USD-W 1133 1995Virgil F Lacy ICGF 0017 2000William E Leroy AF-SW 1058 2001Eric M Litters AF-SW 0450 2001Thomas W Long Jr AF-SE 2167 2001Robert E Love USD-W 0875 1998Troy B Lungren USD-W 0833 1995Thomas Mailboy USD-W 0968 1998Gustavo Marquez USD-W 0216 2001Nathan Martinez USD-W 0875 1998Max M Mc Crosky USD-W 1020 2001Jeremiah I Mc Glasson USD-W 0833 1995Javier A Melendez USD-W 0941 1996Gary D Melton AF-SW 2729 2001Johnny O Milisits AF-SW 1137 2001Benji D Moore AF-SW 0450 2001Chad A Morehouse USD-NW 1847 1996Dewayne Morris AF-SE 1745 2001Daniel J Murphy USD-NW 1757 2001Jeffery D Nelson AF-SE 2163 2001Kenny J Owens AF-SW 0996 2001Gregory A Peck AF-SW 0688 2001Dewey E Perdue II USD-NW 0381 2001C D Perea USD-W 0941 1995Curry K Pitre AF-SW 1058 2001Shawn F Pollock USD-W 1517 2000Jason A Posegate USD-W 0508 2001Jeffrey Q Powell USD-W 1709 2000James A Reh USD-NW 1152 2001Armando L Rivera AF-SW 0675 2001John Robertson USD-W 1709 1998Claude K Robins USD-W 0407 2001Lance A Rodgers USD-NW 1847 2001Jacob R Rollins USD-W 1020 2001Victor H Salgado USD-NW 0377 2001Ruben J Sanchez USD-W 0968 2000Gerald C Sanchez USD-W 1516 1995Bonifacio G Sanchez USD-W 0779 1995Gregory S Seasword USD-W 1516 2001Mark A Shine B&LE 1115 1998Elton J Singletary AF-SE 2161 2001Sean W Smith USD-W 0941 1999Dell W Snow USD-W 1709 1998Troy L Staat USD-W 1517 1997Doug A Stover USD-W 0779 1997Wilfrido L Tapia USD-W 1709 1994Matthew R Taylor USD-W 0779 1997Chad Theobald USD-W 1709 1998Johnny Thibodeaux AF-SW 1058 2001C Thomas USD-W 0968 1998Johnny M Thomas AF-SW 1058 2001Johnny L Thompson Jr USD-W 0227 2001Travis Tom USD-W 0968 1999Everett W Tonyan III USD-NW 2853 2001Jason W Traywick AF-SE 1643 2001John R Tripp II USD-W 0508 1997Nick J Turpin USD-W 0779 2000Jeremy L Vaverka USD-NW 0381 2001Roberto G Verdugo USD-W 0227 2001S A Viator AF-SW 1058 2001Damian K Walker AF-SW 1058 2001Tedd C Weddle USD-W 0779 1997Rogers P Williams AF-SW 0564 2001Michael J Winchester Jr AF-SW 0450 2001Elgin W Woodley USD-W 0508 2001Fernando V Zavala USD-W 0968 1999

Martin R Acosta USD-W 0875 1991Jeffrey P Allen USD-W 0779 1990Ivan R Alto USD-NW 1879 1991

Wilfred B Alvarez USD-W 1402 1991Javier A Arellano USD-NW 1152 1991Cuauhtemo C Arteaga USD-W 0875 1991Ivan D Ballard AF-SW 2762 1991Lorenzo Barrios USD-W 0875 1987Shane A Beachler USD-W 1216 1991Timothy Begay USD-W 1020 1991Roger L Begay USD-W 1020 1991Roger Bekay USD-W 1020 1991Lorenzo Bekay USD-W 1020 1991Gary R Bennett USD-W 1020 1991Jefferson Bob USD-W 1020 1991Philip D Cardinal USD-W 1227 1991Jose Centeno USD-W 0779 1990William Y Cisco USD-W 1020 1991Emery C Curtis AF-SW 2921 1991George E Damian USD-W 0941 1990Hershal J Deputy III USD-W 0941 1984Fernando Edgar USD-W 1862 1991Donald R Elliott USD-W 1133 1991Luis J Estrada USD-NW 1152 1991Aaron R Fincher AF-SW 0564 1991Joseph S Flores USD-W 0875 1991D T Gonzales USD-W 0941 1990Benson Gordo USD-W 1020 1991Vernon J Groo USD-W 0968 1990Saul Gutierrez USD-W 0941 1990Joel W Hepler USD-NW 1152 1991Mark C Herring USD-NW 1152 1991Dan Hoskie USD-W 1020 1991Donald Hoskie USD-W 1020 1991Eduardo H Islas USD-W 1381 1991Jimmie James USD-NW 0377 1991 obertson P James USD-W 1020 1991Kodell A Jenkins USD-W 0875 1991James D Jerry AF-SW 0564 1991Wallace John USD-W 1002 1991R F Lange AF-SW 1012 1991Keith D Lounsbury USD-W 1227 1991Glen A Love AF-SW 2762 1991Paul E Maestas USD-W 1517 1989Jose A Magana USD-W 0968 1990Ronald J Manley USD-W 1133 1991David R Marin USD-NW 1847 1990Dirk W May USD-W 1020 1991James J Mc Caslin Jr USD-W 1381 1991Reuben F Mike USD-W 1020 1991Harrison Mike USD-W 1020 1991Jimmy Mike USD-W 1020 1991James R Morris USD-W 0686 1991Michael T Morrison USD-W 1381 1991Mark T Mueller AF-SW 2762 1991Armando E Nunez USD-W 0875 1991Porfirio Olivas USD-W 0941 1991Dale P Overholt USD-W 0779 1990Anthony L Paul USD-W 1381 1991Timothy A Pena USD-W 1020 1991Nicolas O Rivas USD-W 1227 1991Larry Robbins USD-W 1020 1991Jackie Robertson AF-SW 1176 1991Phillip L Robinson USD-W 0686 1991Sylvester Sandoval USD-W 1020 1991James M Saukerson USD-W 0686 1991Fredrich Schlickbernd USD-W 0899 1991Michael S Schmidt AF-SW 0564 1991Douglas D Schroller USD-W 1133 1991Anthony L Serrano USD-W 0779 1990Enrique Soriano USD-W 0085 1986Ricardo Sosa USD-W 1020 1991Jordan B Stewart USD-W 1020 1991Terry L Strong USD-W 1381 1991Daniel K Suemnick USD-W 1381 1991Victor M Tejeda USD-W 0227 1991Leo D Torres USD-W 1002 1989E Torrez USD-W 0941 1989Kirt Trathen USD-W 1709 1984Delamar L Tripp USD-W 1227 1991Geno A Valadez USD-W 1246 1991Juan C Valle USD-W 0875 1991Socorro J Vasquez USD-W 0968 1990Javier G Vazquez USD-NW 1152 1991Richard C Vossberg ICGF 0626 1986Glenn C Wagon USD-W 1246 1991Howard L Westbrook USD-W 0686 1991Steven M Williams USD-W 0899 1991Demetrius O White USD-NW 0377 1991Edison D Yazzie USD-W 1020 1991

Jorge Aguirre USD-W 0941 1980Jesus Alamo USD-W 0779 1979Phillip S Albarado AF-SW 1176 1981Lynn T Albert AF-SW 1048 1981George H Alcantar USD-NW 1152 1981Jose A Almanza USD-W 0941 1979Alejandro Almanza USD-W 0941 1977Alfredo Alvarado USD-W 0686 1981Abelardo A Aragon USD-W 0941 1981David Archuleta USD-W 0968 1978Robert D Archuleta USD-W 0968 1976Feliciano Arellano USD-W 1348 1981Brian D Asselin USD-NW 1046 1981Garth P Badura USD-W 0968 1979Salvador Baeza USD-W 0941 1981Leonard Bailey USD-NW 0377 1981Richard L Ballengee AF-SE 0130 1981Danny A Barber USD-W 0779 1978Roy A Barela USD-W 0941 1979David S Barnes PENN 3018 1978Kevin L Barnhart AF-SW 0965 1981Mike A Barone USD-W 1517 1973Guillermo V Barriga USD-W 1501 1981Carl F Bauer Jr AF-SE 1300 1981Michael T Becerra AF-SW 1365 1981Harrison Begay USD-W 1020 1981Ray Begay USD-W 0227 1981Taylor Belingachee USD-W 0227 1981Kevin R Bellinski PENN 3018 1975Vernon J Benally USD-W 0899 1981Robert Berard USD-W 0941 1977William H Berger PENN 3018 1978Gregory C Billington AF-SW 1365 1981Jeffery D Blankenship USD-W 1020 1981Gene Boatman USD-W 1516 1973Michael Bonham USD-NW 1788 1981Rickey Booqua USD-W 0779 1975Darnell C Bragg USD-NW 0377 1981Hayes Brown Jr AF-SW 2286 1981Lawrence R Brubaker PENN 3018 1978Murray E Bryars AF-SE 0916 1981Harold R Buch AF-SW 1365 1981David M Buchanan USD-W 1381 1981Phillip P Burbidge USD-W 0968 1979Robert A Butterfield USD-W 0968 1978Frank G Cady USD-W 0779 1978Robert Camacho Jr AF-SW 1025 1981Jesus C Canchola USD-W 0085 1981Daniel Cano USD-W 0779 1980Frank A Casados USD-W 0941 1974Tom S Chapa USD-W 0508 1981Hal Chatwin USD-W 1020 1981Maurilio C Chaves USD-W 1501 1980Ernest Chavez USD-W 1517 1976Sam W Chee USD-W 0508 1981Kelly B Christensen USD-W 0968 1980Gregory T Clark USD-W 1227 1981Larry K Clark AF-SW 1540 1972Michael D Closson PENN 3018 1975John D Coast PENN 3018 1976Steve G Comstock ICGF 0626 1981Christoph C Cooper PENN 3018 1979Vernon R Cooper Jr AF-SE 1643 1982Bobby Cordova USD-W 0779 1975Jose E Cordova USD-W 1517 1974Joe L Cordova USD-W 0941 1977Bradley S Cox AF-SE 0460 1981Gary Cranford AF-SE 1028 1981Willie Cummings Jr AF-SE 1643 1982Michael J Currans AF-SW 1011 1981Michael K Dalton USD-W 1227 1981Dale R Daniels USD-W 1517 1977William R Dart AF-SE 2624 1981Marvin L Davis AF-SW 1365 1981Peter J Debelak USD-NW 0721 1981John J Destefano PENN 3018 1977Sostenes C Diaz USD-W 0779 1980Tomas Diaz USD-W 0833 1977Dennis A Dinger PENN 3018 1976Jed Dodd PENN 3068 1977Michael E Donant PENN 3018 1975William D Dreadin AF-SE 0682 1981

Duane J Duey USD-NW 1071 1981Frank C Duran USD-W 1517 1978Jeffrey Duren USD-W 0473 1981Conrad J Dush USD-W 0473 1981Randy L Dutson USD-W 0968 1977James E Earll AF-SW 1365 1981Edward L Edwards USD-W 0779 1979Kenneth W Emerson AF-SW 1507 1981John L Englehardt USD-W 0325 1981Gonzalo R Escalante USD-W 0779 1979M Russell Farmer AF-SE 1643 1982Clifford F Featherhat USD-W 1227 1981Lee A Ferraro USD-W 0941 1981Bernardo R Figueroa USD-W 0508 1981Robert C Floyd USD-W 0968 1975Casey K Ford PENN 3018 1976Harry Francis USD-W 1020 1981Mark A Frazier AF-SW 1048 1981Kevin W Friend AF-SE 1028 1981Tommy E Gant AF-SW 0601 1981Jerry V Garcia USD-W 0779 1976Thomas A Garrison Jr PENN 3018 1975Donald L Gill Jr AF-SE 1509 1981Ron L Gifford USD-W 1517 1977Stanton L Gilliland III USD-W 1517 1978Gerald M Gillins USD-W 0686 1981Jerry Giorno USD-W 0779 1981David L Giuliano USD-W 0216 1981Brian B Gonzales USD-W 1517 1975Roberto Gonzales USD-W 0941 1979Ernesto Gonzales USD-W 0941 1981Ralph E Goodman AF-SE 0153 1981Roger L Gracey USD-W 0899 1979Hayward J Granier ICGF 1165 1973Walter A Gray PENN 3018 1975Frank G Greco Jr PENN 3018 1976James R Greenlese PENN 3018 1976Dennis Guillen USD-W 1517 1979John Gutierrez USD-W 0941 1975Manuel Gutierrez USD-W 0941 1979Jerome L Harlow AF-SE 0075 1981Allen J Havens USD-W 0779 1978Brit L Hemenway USD-W 1246 1981Reyes D Hernandez USD-W 0508 1981Howard L Hill USD-W 0941 1977Jimmy L Hill AF-SE 1643 1982Bruce A Hirschbrunner USD-W 0473 1981Randy A Hood PENN 3018 1976Frederick W Hugg USD-W 1246 1981Rodney S Iden PENN 3018 1979Gilbert Ingraham USD-W 1517 1975Carl J Ivie USD-W 0968 1979Laverne T James USD-W 0899 1981Elton K Jim USD-W 1020 1981Floyd Joe USD-W 1020 1981Walter R Johnson PENN 3018 1975Winston Johnson USD-W 1517 1974William K Johnson USD-W 1516 1975Duane C Jones USD-W 1516 1978Richard W Jones PENN 3018 1978Seth R Judd AF-SW 1365 1981Joseph L Kaesberg AF-SW 0965 1981Melvin G Kahl AF-SE 1028 1981Gary D Kilgore USD-W 0473 1981George C Kirby USD-W 1517 1981Mark T Kirkpatrick PENN 3018 1978Barry D Kleweno USD-W 1 216 1981David A Klock PENN 3018 1976Lindsey L Knepp Jr PENN 3018 1976Richard A Koteles PENN 3018 1978Edward A Kramer AF-SW 1365 1981Kim L Krefft USD-NW 0377 1981Timothy E Kula USD-W 0473 1981Allan R Lacy ICGF 0017 1980Kevin Lake AF-SE 1064 1981David E Lamarine USD-W 0941 1979Shirl Larsen USD-W 0779 1975James Lazar PENN 3018 1976Mack E Lee AF-SE 0338 1981James M Lee III USD-W 1196 1981Robert L Lehew AF-SW 1365 1981Lanny L Ley USD-W 0686 1981Martin T Lidie AF-SE 0695 1981Edward D Logan AF-SE 0130 1981Abel S Loya USD-W 1517 1980Richard J Lucero USD-W 0779 1975Willfred F Luna Jr USD-W 0941 1979Jake Marshall USD-NW 1847 1980 Benny I Martinez USD-W 1517 1979Harold B Martinez USD-W 1516 1973

20yearM E R I T A W A R D

30yearM E R I T A W A R D

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BMWED JOURNAL10

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Jose L Martinez USD-W 0779 1976Ray C Martinez USD-W 0968 1980Jose H Martinez USD-W 0833 1975J E Mathis AF-SE 2163 1981Clarence Matthews Jr AF-SW 1048 1981Mark G Mattingly AF-SW 0965 1981David S Mc Creight USD-W 1517 1976Roger L Mc Donald USD-W 0968 1975Mike D Mc Quitty USD-W 0833 1973Ralph E Meadows AF-SE 0130 1981Robert A Medrano USD-W 0833 1976Thomas J Melesh USD-W 0508 1981Manny F Mendez USD-W 0508 1981Tony G Mendieta USD-W 1517 1978Melvin L Middleton PENN 3018 1980Juan Molina USD-W 0899 1981Manuel Montano USD-W 0941 1978Joey I Montoya USD-W 1501 1975Timothy L Moore USD-W 1517 1979Jose P Morales USD-W 1517 1978Lorenzo B Moreno USD-W 1517 1980Charles M Morgan USD-W 1517 1974James L Morris PENN 3018 1976Robert S Mostek USD-W 0473 1981Mark L Murphy USD-W 1516 1979Michael J Nelson USD-W 0968 1978Samuel Nixon Jr PENN 3018 1976Jose I Ordaz USD-W 0941 1981Douglas J Orender USD-W 0473 1981John A Parker AF-SE 0130 1981Keith J Peeks USD-W 1133 1979Bobby L Pendill USD-W 0779 1976Claude E Phellps III AF-SE 1643 1982Leroy A Pino USD-W 0686 1981Ralph H Prijatel Jr USD-W 1517 1974Fermin E Quintana USD-W 1501 1975Fred A Quintana USD-W 0833 1979David S Rae AF-SE 0153 1981Benito Ramon USD-NW 2853 1981Roger M Ring PENN 3018 1975Harry C Rittenhouse PENN 3018 1979Acension Rodriquez USD-W 0941 1981Pedro Rodriquez USD-W 0941 1981Scott N Ross USD-W 1517 1979Daniel T Rubio USD-W 0941 1973Thomas E Ruble USD-W 1517 1977Douglas C Rudat USD-W 0473 1981Lorenzo D Ruvalcaba USD-W 0968 1974Richard G Salazar USD-W 0833 1975Leobardo O Sanchez USD-W 0779 1977Charles W Sather USD-W 1020 1981Armando D Saucedo USD-W 1227 1981Donald R Schielder AF-SW 1100 1981Eric J Shemek USD-W 0473 1981Robert W Sires Jr USD-W 0833 1978Robert B Smalley PENN 3018 1978Daniel E Smith USD-W 1517 1979Tim R Smith USD-W 1517 1981Timothy L Snider AF-SE 1064 1981Keith K Spaulding PENN 3018 1975Chris M Spychalski USD-W 0508 1981Tim A Stanley PENN 3018 1977Owen J Steil USD-NW 1879 1974David G Stock USD-W 1054 1981Gary D Sugino USD-W 0968 1979Gumaro A Sustaita USD-W 1227 1981Alexander Teller USD-W 1227 1981Wayne D Thomas USD-NW 1788 1981Kenneth R Thrush PENN 3018 1975Jerry W Tom USD-W 1020 1981Ronnie D Toney AF-SE 0130 1981Paul J Trappe AF-SE 0885 1981Terry L Treat USD-W 0968 1973Jose F Trevino USD-W 0779 1977James C Trujillo USD-W 1517 1980Timothy J Valencia USD-W 0779 1975Gregorio E Vasquez USD-W 0941 1976Jim A Vigil USD-W 0779 1979Gabriel M Villarreal USD-W 0968 1977Alan L Waldschmidt USD-W 0779 1978Roy S Ward USD-W 0779 1979Dwight N White AF-SW 1011 1981Michael L Williams AF-SE 1028 1981Barry L Williamson PENN 3018 1974Chad F Winn USD-W 1227 1974Robert R Wood USD-W 0134 1981

Craig Woods AF-SE 1064 1981Roger D Wright AF-SE 0153 1981Gene A Wright SOU 0627 1981William C Wright USD-W 0508 1981Dennis R Wyckoff USD-W 0779 1977Dale L Yamutewa USD-W 0779 1978Charles R Yoast USD-W 1381 1977Randy D Yoder USD-W 1020 1981Steven G Zartman AF-SW 1353 1981George Zinn AF-SE 1064 1981Austin Zuniga USD-W 0941 1978

Paul M Archuleta USD-W 1501 1968Leland K Banks USD-W 1020 1971Perry Barnhill AF-SE 1857 1971Michael Braithwait USD-NW 1071 1971Kent L Bushman USD-NW 1152 1969Paul K Chamberlain USD-W 1020 1970Raymond L Cooper Jr USD-W 0941 1971Robert H Cross AF-SE 0665 1971J S Cruz USD-W 0922 1971Dennis L Cunard USD-NW 1788 1970Richard De La Rosa USD-W 1196 1968Kenneth Dermer AF-SE 0424 1971Douglas Dewald USD-W 1133 1971Ernesto R Espinoza USD-W 1862 1967Randy J Fetters USD-W 1381 1970Larry D Fowler AF-SW 1025 1971Earl H Galik AF-SE 1049 1971Arturo S Garcia USD-W 1246 1972Rafael V Garcia USD-W 0922 1971Librado T Gonzalez USD-W 0875 1971Erwin E Hammond AF-SW 1025 1971Everett W Harless Jr ASF 0568 1971Michael D Hayes AF-SE 1063 1971Mario M Heredia USD-W 0407 1971Robert A Herrman USD-W 1216 1971Thomas L Holleman USD-W 0922 1971Terry Hoffman USD-NW 0343 1971E T Holder AF-SE 0682 1971Ronnie K Huntley USD-NW 1788 1969Stuart A Hurlburt Jr N E 1368 1971Harvey R Johnson USD-NW 1152 1971Horace B Jones USD-W 1227 1970Milton I Karnick USD-NW 1879 1971Russell R Knipfel USD-NW 1757 1970John Kutscherenko AF-SE 1509 1971Joseph V Larsen USD-W 1402 1971James E Leffel CRSF 1056 1971Arthur Levering AF-SE 0695 1971Salvador R Lopez USD-W 0922 1968Kenneth R Lowry AF-SE 1049 1971Nicolas Lucero USD-W 1517 1970Lawrence Mack AF-SE 0025 1971Tony R Matlock ICGF 0017 1971Andrew P Markley III N E 1368 1971Robert A Mary USD-NW 1757 1971Terry L Mau USD-W 1133 1970James P Mc Cormick USD-NW 1879 1970David Meyer USD-NW 1788 1969Jonnie A Meyer USD-W 1216 1970John W Moeck AF-SW 0688 1971Lupe S Monarrez USD-W 0407 1971Fred Moore AF-SE 2619 1971Stanley Morris AF-SW 2286 1971Ted J Munch AF-SW 1048 1971Terry J Murray USD-W 1227 1971Thomas Nicholas AF-SE 0061 1971Vincent E O Toole USD-W 1133 1970Donald R Parthemer USD-W 1133 1971Joseph O Porter USD-W 0899 1969Orlando Rea Jr AF-SE 0993 1971Edward F Ribbing AF-SW 0601 1971Jose G Rivera USD-W 0875 1971Joaquin Salcido Jr USD-W 0922 1966Barry L Sarver AF-SE 1028 1971John R Sawvell USD-NW 1152 1971Vearline L Scarbrough USD-W 1196 1971Daniel G Seeberger USD-W 1133 1970Daryl L Shughart USD-W 1216 1971Leonard J Stohs Jr USD-W 1133 1971

Carles W Street ICGF 0017 1971Roy G Walter Jr USD-W 1054 1971Dennis D White USD-W 1133 1971

Amos Archuleta USD-W 0968 1954Jesus J Castillo USD-W 1862 1953Paul Cruz USD-W 1516 1953Robert E Gosser USD-W 1054 1956Roy L Hackwell USD-W 1709 1957Andrew M Hartley USD-W 0968 1953Joel D Herzog USD-W 0922 1961Kenneth E Hilbert USD-W 0922 1961Richard L Landers USD-W 1517 1953Jose M Lopez USD-W 0875 1953Juan E Miranda USD-W 0922 1961John Obregon USD-NW 1879 1962Clyde C Olson USD-W 1348 1953Jessie Patton USD-W 1196 1955Donald R Pisarczyk USD-W 1517 1956Leonard L Richie USD-W 0941 1953Juan P Sanchez USD-W 0968 1953Henry Schultz USD-W 0922 1960James Sewell AF-SW 1021 1953Rogelio Suarez AF-SW 1021 1953Tomas R Trejo USD-W 1709 1958Joe E Valdez USD-W 0968 1959

Jose Alvarado AF-SW 0366 1950Vernon C Brightwell AF-SW 0601 1944Ernest Broussard AF-SW 1048 1950Wallace J Broussard AF-SW 1048 1948Winston L Broussard AF-SW 1048 1946Gurves Citizen AF-SW 0944 1945O T Cranford AF-SW 0601 1949E V De Hayos AF-SW 1012 1947George E Dyer AF-SW 0601 1947Robert L Ehlers AF-SW 0996 1947Ygnacio B Gonzales AF-SW 2754 1935Alvis E Gossett AF-SW 0944 1946Jack Gray AF-SW 0564 1942Daniel G James AF-SW 0564 1943Leroy C Jenson BURNOR 1280 1943Joseph E Kestner AF-SW 0450 1949Luther T Kuykendall AF-SW 0601 1948Jack N Lowther AF-SW 1025 1942Hardy L Mc Cue AF-SW 0688 1947George J Mc Inturff AF-SW 0601 1947Phillip Moore AF-SW 1012 1948Everett B Perrien AF-SW 0944 1948Marcelo L Torres AF-SW 0675 1946Santiago Villasenor AF-SW 0366 1951Marshall A Walker AF-SW 0564 1943Melvin M Wiechmann AF-SW 0688 1947

ROLL OF HONORContinued from Page 8

40yearM E R I T A W A R D

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60yearM E R I T A W A R D

Most railroad retirement annuities, like Social Securitybenefits, are scheduled to increase in January, 2012 on thebasis of the rise in the Consumer Price Index (CPI) from thethird quarter of 2008, the last year a cost-of-living adjust-ment was determined, to the corresponding period of thecurrent year.

Cost-of-living increases are calculated in both the tier Iand tier II benefits included in a railroad retirementannuity. Tier I benefits, like Social Security benefits, willincrease by 3.6 percent, which is the percentage of the CPIrise.

Tier II benefits will increase by 1.2 percent, which is32.5 percent of the CPI rise. The vested dual benefit pay-ments and supplemental annuities also paid by the Rail-road Retirement Board are not adjusted for the CPI rise.

In January, 2012, the average regular railroad retire-ment employee annuity will increase $64 a month to $2,308and the average of combined benefits for an employee andspouse will increase $89 a month to $3,293.

For those aged widow(er)s eligible for an increase, theaverage annuity will increase $38 a month to $1,203.However, widow(er)s whose annuities are being paid underthe Railroad Retirement and Survivors’ Improvement Act of2001 will not receive annual cost-of-living adjustments untiltheir annuity amount is exceeded by the amount thatwould have been paid under prior law, counting all interimcost-of-living increases otherwise payable. Some 35 per-cent of the widow(er)s on the Board’s rolls are being paidunder the 2001 law.

If a railroad retirement or survivor annuitant alsoreceives a Social Security or other government benefit,such as a public service pension or another railroad retire-ment annuity, the increased tier I benefit is reduced by theincreased government benefit. However, tier II cost-of-living increases are not reduced by increases in othergovernment benefits. If a widow(er) whose annuity is beingpaid under the 2001 law is also entitled to an increasedgovernment benefit, her or his railroad retirement survivorannuity may decrease.

However, the total amount of the combined railroadretirement widow(er)’s annuity and other governmentbenefits will not be less than the total payable before thecost-of-living increase and before any increase in Medicarepremium deductions.

For most beneficiaries covered by Medicare, thestandard Part B premium generally deducted from monthlybenefits is expected to increase from the 2011 amount,with the Centers for Medicare & Medicaid Services ex-pected to announce the 2012 premium amounts in thecoming weeks.

In late December the Railroad Retirement Board willmail notices to all annuitants providing a breakdown of theannuity rates payable to them in January 2012.

2012 Railroad RetirementBenefit Increases

LOCAL LODGES SEND US YOUR PICTURESIf your local lodge has a special event that you would like covered, or

you would just like to see your local lodge members in the Journal, sendus a picture with a brief description of the meeting or event. The detailsshould include your name, telephone number, local lodge number andsystem division/federation. The picture – along with the details – may besent by e-mail or U.S. mail to the following addresses:

[email protected] orBMWED Journal, c/o Randall Brassell

242 West Main Street, #394Hendersonville, TN 37075

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11SEPTEMBER/DECEMBER 2011

Continued on Page 14

Left to right – Staci Gilbert, Tony Cardwell, Nate Trawick, Dave Scoville,

Brian Rumler, Russell Farmer, Charlie Miller, Gary Marquart, Richard

Principato, Tim McCall, Ricardo Canchola, Andrew Shelton, Larry Phillips

and Roger Sanchez.

BMWED Offers OSHA Training CourseA group of BMWED officers and appointees participated in an OSHAStandards course held November 17 and 18, 2011, in Gallatin, Tennessee.The course was offered through a program at Volunteer State CommunityCollege by the BMWED. The course is provided through the OSHA Out-reach Training Program and is a 10-hour general industry course. Uponcompletion, the participants are provided with an OSHA card verifyingcompletion of the course.

BMWED Advanced OfficerEducational Program ContinuesThe BMWED held its second two-week-long officer training programOctober 16 - 28, 2011, at Volunteer State Community College near Nash-ville, Tennessee. The program offers a number of subjects that are gearedtoward enhancing representational skills.

The next program will commence January 8, and conclude on January 20,2011.

BMWED Advanced Officer Educational participants.

Around the Brotherhood

Local Lodge 409 Holds Annual PicnicAllied Federation Local Lodge 409 held its annual picnic and meeting inLansing, Michigan on June 10, 2011. General Chairman Dennis Albers andVice Chairman Larry Phillips were on hand to join in the festivities andaddress the members.

Local Lodge 409 members and guests take time out for a photo.

Local Lodge 409 retirees left to right sitting: E. Gamboa, P. Figeroa,

Ed McCormack and Leo Lazard. Standing left to right: Allied General

Chairman Dennis Albers, F. Rocha, Louie Gonzalez and Allied Vice

Chairman Larry Phillips.

Phillip Cornacchia Wins Award onsolidated Rail System Federation Local Lodge 882 member, Phillip Cornacchia was recently named Oneida County Senior Citizen of the Year. Brother Cornacchia is 95 yearsold and resides in Utica, New York. He is a lifetime member of the BMWED and still attends allof his local lodge meetings.

Congratulations Brother Cornacchia!

C

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BMWED JOURNAL12

Big Business spends big moneyin Washington to influence mem-bers of Congress and push theiranti-worker plans. They outspendworking families on politics bymore than 15-1.

Through grassroots politicalaction and aggressive lobbying onCapitol Hill and in State Houses andCity Halls across America, theBMWED and Teamsters havestopped some of the worst attackson working people.

But Big Business is pushingtheir agenda harder than ever. Thatmeans we have to fight backstronger than ever. And we have tomove forward with our own pro-grams, like improving job safety,fighting for affordable childcare,and stopping abuses by corporatehealth providers and insurancecompanies.

You can take a stand for work-ing families by contributing toDRIVE – the Teamsters’ politicalaction committee. BMWED dues

Democrat, Republican, Independent Voter Education

dollars cannot be directed towardthese activities and DRIVE dependson voluntary contributions. But,your contribution will supportgrassroots action by BMWED andTeamster families to stand up toBig Business interests.

And your membership to DRIVEwill help elect political candidateswho care about working people.Contributions to DRIVE support awide range of activities:• Keeping members and their

families informed on the keyissues that affect our future,including voter guides that showthe records of our Senators andRepresentatives in Congress.

• Rallies, news conferences, adver-tisements, and phone banks tobuild support on issues ofconcern to working people.

• Voter registration, and financialsupport for political candidateswho will stand up for workingfamilies. DRIVE is non-partisanand independent from anypolitical party.

If you ever doubt the impact ofpolitical decisions on the lives ofrailroad workers and their families,here are four important reasonswhy you should think again…andwhy DRIVE is so important.• The Railway Labor Act• The Railroad Retirement System• The Railway Unemployment

System Insurance Act• The Federal Employers’ Liability

Act

DRIVE contribution forms can beaccessed at the BMWED website atwww.bmwe.org, or by contactingthe BMWED National LegislativeDepartment.

“Employers and employees alikehave learned that in union thereis strength, that a coordination ofindividual effort mean an elimi-nation of waste, a bettering ofliving conditions, and is in fact,the father of prosperity.”

Governor Franklin D. Roosevelt(D-N.Y., 1929-1932), in addressbefore the New York Women’sTrade Union League, 6/18/29

“It is time all Americans realizedthat the place of labor is side byside with the businessman andwith the farmer, and not onedegree lower.”

President Harry S. Truman(1945-19530), 1948

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13SEPTEMBER/DECEMBER 2011

n April 1, 2011, FRA issued new rules governing concreteties and fasteners for FRA TrackClasses 1 – 5. The new rules estab-lish a 1/2-inch limit for rail seatabrasion (RSA), and limits forconcrete crosstie pad wear limits,missing or broken rail fasteners,loss of fastener toeload pressure,improper fastener configuration,and excessive lateral rail move-ment. FRA has also added a re-quirement for railroads to conductautomated inspection of concreteties to detect rail seat abrasion.Prior to issuance of the Final Rule,there was no federal criterion forevaluating the condition andeffectiveness of concrete ties inClass 1-5 track.

BMWED’s Department of Safetyrepresented the Brotherhood in thisrulemaking under the auspices ofthe Rail Safety Advisory Committee(RSAC). RSAC is a federally char-tered advisory committee whichprovides a forum for developingconsensus-based recommenda-tions to the FRA Administrator onrulemakings and other safetyprogram issues.

Upon review of the Final Ruleissued April, 1 2011, BMWED filed aPetition for Reconsideration inaccordance with the provisions of49 CFR § 211.29. BMWED’s petitionwas based upon a belief that failure

of the Final Rule to, (1) requirepersons fully qualified under§ 213.7 and whose territories aresubject to automated inspectionsbe provided with a copy of theexception report for rail seatdeterioration; and (2) failure tocompensate for the 1/8 of an inchcalibration variance allowed forautomated inspection equipment,was both unreasonable and not inthe public interest.

FRA has acknowledged thatconcrete tie rail seat deteriorationmay not be readily evident in anormal visual track inspection priorto track failure under load. FRAstated in the preamble to the FinalRule “that it would be a bestpractice for the track owner toensure that the person responsiblefor performing the frequencyinspections required by § 213.233be provided a copy of the exceptionreport, as all field-verified excep-tions are subject to all of FRA’sTrack Safety Standards.”

Nevertheless, the Final Rulepublished on April 1st did notrequire that the automated inspec-tion exception report be providedto, or made readily available to,individuals responsible for conduct-ing track inspection and restorationand renewal under traffic condi-tions. As a result, BMWED filed itspetition to amend the rule to

FRA Issues Regulations for Concrete Crossties and FastenersBMWED input helps shape the Final Rule

O require automated inspectionreports be provided or madereadily available to qualified 213.7track inspectors. BMWED arguedthat the automated inspection datawould assist track inspectors inlocating and monitoring “near butnot yet FRA-condemnable RSAconditions” in between automatedinspection cycles. The condem-nable limit for RSA is 1/2-inchunder the new regulation.

On September 9, 2011, inresponse to BMWED’s petition, FRAamended the Final Rule, effectiveNovember 8, 2011, in two signifi-cant ways. First, FRA amended therule to explicitly require that rail-roads make automated inspectionreports available to all relevant§ 213.7 persons whose territory issubject to the automated inspectionprovisions of the rule. And second,FRA amended the rule to requirethat automated inspection equip-ment must note all locationsindicating rail seat deterioration of3/8 of an inch and greater on theexception report. This requirementis intended to compensate for the1/8 of an inch of variance allowedfor in the calibration of automatedinspection equipment.

“History has proven that ourtrack inspectors are held respon-sible for derailments on concreteties due to rail seat abrasion,” said

Rick Inclima, BMWED Director ofSafety.

“If carriers are required byregulation to conduct automatedinspections for RSA under FRArules, it only makes sense thatcopies of those reports be madeavailable to BMWED track inspec-tors. If the automated inspectionequpment has a 1/8-inch calibrationvariance, safety dictates that theexception report must indicatewhen rail seat deterioration isdetected within 1/8-inch of thecondemnable limit,” Inclima said.

“Not only does this help trackinspectors protect the railroad fromderailments; it also gives trackinspectors additional informationand tools to protect their jobs andtheir livelihoods. The track inspec-tor is most often used as a scape-goat for track-caused derailments,so our goal was to ensure thatBMWED track inspectors haveaccess to all relevant informationabout the location and severity ofrail seat abration on their territo-ries,” said Inclima.

The April 1, 2011 File Rule canbe viewed at:http://edocket.access.gpo.gov/2011/pdf/2011-7666.pdf, and the Septem-ber 9, 2011 amendments to the ruleat:http://www.gpo.gov/fdsys/pkg/FR-2011-09-09/pdf/2011-23133.pdf.

An old gandy passed away, and as I stood solemn at his grave,I remembered how the railroad, had worked him like a —— slave!

I recalled how he was treated, it was oft —— like he was dirt!He never missed a day of work, though his aching back would hurt.

And no one really gave a damn, how much steel this gandy laid,or the ties he hand dug in, and tamped tight with a spade.

Yes —— as I began to reminisce, the age of steam meandered by,along with things this man endured, swinging pick and spiking tie.

How sweat profusely dripped, lifting rail and ties with tong.It was a six day work week, the day —— ten hours long.

How he suffered in the winter, he wore but tattered clothes.His hands were always numb, his feet felt like they were froze.

He swept the switch points clean, during the blizzard’s storm.There was no such thing as wind chill, no one cared if he was warm.

Forced to eat his lunch in misery, in the snow and in the rain.His railroad home —— a boxcar, but he never did complain.

Oh —— the switches he helped lay —— he shoveled tons of ballast.He often smelled of creosote, his hands were rough and callused.

An Old Gandy Passed AwayA poem by Arley M. Bischoff

He kept the track bolts tight, he did swing a spike mall hard,as he labored on the extra gangs, from Spokane to Appleyard.

I doubt if even God could count, the spikes this man has driven,just so he could feed his family, eking out a meager livin’.

This old timer couldn’t sign his name, he could barely read.But he never failed to pay his dues, he was a rare and special breed.

His customs, his religion, they were different, it was said.He spoke with heavy accent, still, like mine, his blood flowed —— red!

This old G. N. gandy was a brother, Italian, Filipino, Greek,from Wenatchee or —— Odessa, or perhaps from —— Wilson Creek.

Yes, because of men like him, the track was smooth and straight.Trains ran at their normal track speed, and they were seldom late.

St. Peter handed him a halo, he passed this life’s grueling test,for the lowly gandy is, the kind of man —— that God loves —— best!

Arley Bischoff has been a BMWED lifetime member for more than 50years. He is a member of Local Lodge 104 and resides in Harrington,Washington.

BMWED JOURNAL14

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Unified System Division Local Lodge 519Holds Quarterly Meeting

embers of USD Local Lodge 519 held their regular quarterly meeting onOctober 29, 2011 in Worthington, MN.Assistant General Chairman Rod Mulder was onhand and made a presentation to thoseattending.

M

Picture from left to right: seated Carlo Hurley,

Gerardo Lira, Mike Horley. Left to right standing:

Miles Birkett, Randy Waltz, Ed Nelson, Troy

Olsen and Paul Slater, Local President.

BMWED/National Labor College HoldsHazmat Training Program he BMWED and National Labor College sponsored a Hazmat training program October 10 -13, 2011 in Chinle, Arizona. BMWED members of the Navajo (Dine’) Nation attended the program.T

BMWED Members of the Navajo Nation pause for a group picture.

Allied Federation Local Lodge 1048 Holds RegularQuarterly Meeting

Burlington NorthernSystem Federation LocalLodge 309 Annual PicnicBNSF Local Lodge 309 held their annual picnicand meeting on August 27, 2011. Members andfriends of the Centralia, Washington Lodge metat Lake Mayfield Resort near Mossyrock, Wash-ington.

Local Lodge 309 members and guests take time

out for a picture.

Members of Local Lodge 1048 take

time out from their meeting for a

group picture.

AF Local Lodge 1048 met inLafayette, Louisiana on Saturday,November 12, 2011, and held theirregular quarterly meeting.AF General Chairman Dennis Alberswas on hand to discuss the reportand recommendations of PEB #243and other issues affecting the localmembership.

Continued on Page 15

Around the BrotherhoodContinued from Page 11 Northwest Region

Receives DRIVE

Award

Chicago & Eastern Illinois System Division ViceChairman/Secretary-Treasurer Tom Cartwrightrecently accepted the DRIVE award for highestcontributing region on behalf of the BMWEDNorthwest Region Association. The award waspresented during a recent meeting of the North-west Region association by former Director ofGovernment Affairs Leon Fenhaus.

Tom Cartwright (left) accepts award presented

by Leon Fenhaus.

15

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SEPTEMBER/DECEMBER 2011

Around the BrotherhoodContinued from Page 14

ansas State Legislative Delegates held their Legislative Convention in Newton, Kansas on June 30, 2011. John A. “Tony” Martinez waselected to serve as Kansas State Legislative Director. Brian Patterson waselected to serve as Assistant Kansas State Legislative Director.

Kansas State LegislativeConvention Convenes

Left to right: Joe Kraljic, Tony Martinez, Bob Storer and Brian Patterson

K

Members of Local Lodge 1074 take time out for a picture. General

Chairman Dennis Craft pictured far right.

Burlington System Division Local Lodge1074 Holds Regular Quarterly MeetingBURL Local Lodge 1074 held their regular quarterly meeting in Sheridan,Wyoming on September 10, 2011. Both General Chairman Dennis Craftand Vice Chairman Roy Miller were on hand to discuss national bargainingas well as other issues of interest to the membership.

Continued on Page 16

Burlington System Division LocalLodge 2852 Holds RegularQuarterly MeetingBURL “Black Hills” Local Lodge 2852 held their regular quarterly meetingin Newcastle, Wyoming on Tuesday, August 16, 2011. General ChairmanDennis Craft was on hand to discuss national bargaining, local agreements,claims and grievances and other issues.

Local Lodge 2852 President Glen Hackman offered, “It is encouraging tohave a General Chairman attend a local meeting and meet members faceto face.”

Allied Federation Holds Annual ExecutiveCommittee MeetingRetiring John Brewer Honored

he Allied Federation held their annual Executive Committee meeting in Abuquerque, New Mexico the week of September 19, 2011. The Boardmet for the purpose of reviewing federation records and to vote on anumber of issues before the Board.

During the meetings retiring Executive Committee Member John Brewerwas honored for his years of service to the BMWED, and for his 36 years ofrailroad service.

T

Allied Federation Officers and Executive Committee Members.

John Brewer, left,

receives plaque from

General Chairman

Dennis Albers.

General Chairm Dennis Craft addresses local members.

BMWED JOURNAL16

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Around the BrotherhoodContinued from Page 15

Members of Lodge 895 take time

from highway clean-up on July 30,

2011 for a picture.

Consolidated RailSystem FederationLocal Lodge Mem-bers Participate in“Adopt a Highway”

CRSF Local Lodge 895 recentlyvoted to participate in the “Adopt aHighway” campaign. Members ofthe Olean, New York Lodge performa clean-up four times a year ontheir designated two miles ofhighway.

T

Southern System Division HoldsQuadrennial Convention he Southern System Division held their Regular Quadrennial Convention the week of November 1, in Gatlinburg, Tennessee. Delegates gatheredfrom the Systems local lodges in order to elect new officers, review the pastfour years, and set the course for the next four.

Vice Chairman Samuel “Sam” J. Alexander was elected, and will succeedGary L. Cox as General Chairman. Brother Cox will retire effective with theend of his term on January 1, 2012.

Michael “Mike” L. Sellers was again reelected to another term as Vice Chair-man. Also, Marcus F. Hood was newly-elected to serve as a Vice Chairman.

Newly elected officers and Executive Committee Members. Front row, left

to right: Ben Crowe, James Dodson, Sam Alexander, Mike Sellers. Back

row, left to right: Dale Earnest, James Stith, Marcus Hood, Ricky Chambers

Newly elected full-time

officers, left to right,

General Chairman Sam

Alexander, Vice Chairman

Marcus Hood and Vice

Chairman Mike Sellers.

Learn more about the Teamsters

Human Rights Commission, and how

you can participate.

Contact BMWED

Vice President

Roger Sanchez at

(281) 354-4812,

or, by email at

[email protected].

hose railroad retirement annu-itants subject to earnings

restrictions can earn more in 2012without having their benefitsreduced, as a result of increases inearnings limits indexed to averagenational wage increases.

Like social security benefits,some railroad retirement benefitpayments are subject to deductionsif an annuitant’s earnings exceedcertain exempt amounts. Theseearnings restrictions apply to thosewho have not attained full socialsecurity retirement age.

For employee and spouseannuitants, full retirement ageranges from age 65 for those bornbefore 1938 to age 67 for thoseborn in 1960 or later. For survivorannuitants, full retirement ageranges from age 65 for those bornbefore 1940 to age 67 for thoseborn in 1962 or later.

For those under full retirementage throughout 2012, the exemptearnings amount rises to $14,640from $14,160 in 2011. For benefi-ciaries attaining full retirement agein 2012, the exempt earningsamount, for the months before themonth full retirement age is at-tained, rises to $38,880 in 2012from $37,680 in 2011.

For those under full retirementage, the earnings deduction is $1 inbenefits for every $2 of earningsover the exempt amount. For thoseattaining full retirement age in 2012,the deduction is $1 for every $3 ofearnings over the exempt amountin the months before the month fullretirement age is attained.

When applicable, these earn-ings deductions are assessed onthe tier I and vested dual benefit

Retiree Earnings Limits to Rise in 2012portions of railroad retirementemployee and spouse annuities,and the tier I, tier II, and vested dualbenefit portions of survivor ben-efits.

All earnings received forservices rendered, plus any netearnings from self-employment,are considered when assessingdeductions for earnings. Interest,dividends, certain rental income, orincome from stocks, bonds, orother investments are not consid-ered earnings for this purpose.

Retired employees andspouses, regardless of age, whowork for their last pre-retirementnon-railroad employer are alsosubject to an additional earningsdeduction, in their tier II andsupplemental benefits, of $1 forevery $2 in earnings up to a maxi-mum reduction of 50 percent. Thisearnings restriction does notchange from year to year and doesnot allow for an exempt amount.

A spouse benefit is subject toreduction not only for the spouse’searnings, but also for the earningsof the employee, regardless ofwhether the earnings are fromservice for the last pre-retirementnon-railroad employer or otherpost-retirement employment.

Special work restrictionscontinue to be applicable to disabil-ity annuitants in 2012. The monthlydisability earnings limit increasesto $790 in 2012 from $780 in 2011.

Regardless of age and/orearnings, no railroad retirementannuity is payable for any month inwhich an annuitant (retired em-ployee, spouse or survivor) worksfor a railroad employer or railroadunion.

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SEPTEMBER/DECEMBER 2011

DEATH BENEFIT DEPARTMENTREPORT OF DEATH BENEFIT CLAIMS PAID DURING JULY AND AUGUST, 2011

NAME CITY/STATE LODGE/SYSTEM/RR D.O.D.

JOHN BRATTA JR. TALLMADGE, OH 3018 PENN/LIFE 06/16/11WILLIAM M. CARTER BOWLING GREEN, VA 0338 AF/LIFE 08/12/11WILLIAM CATO JR. FRESNO, CA 2419 ATSFF/LIFE 06/09/11DOMENIC ESPOSITO FAIRLAWN, OH 1432 AF/LIFE 07/05/11NADIER FOSTER OKMULGEE, OK 1251 ATSFF/LIFE 07/12/11JESUS FUENTES LAREDO, TX 0366 AF/LIFE 01/17/02BRAULIO U. GARCIA ROCK SPRINGS, WY 0918 USD/LIFE 06/25/11LORENZO GARCIA CHENOA, IL 0694 ICGF/LIFE 03/26/11WALTER J. HAYDE ST PAUL, MN 0144 BURNOR/LIFE 07/19/11GLEN M. JOHNSON OSKALOOSA, IA 0342 USD/LIFE 06/25/11ERNIE S. LATTIN GREAT FALLS, MT 0735 BURNOR/LIFE 04/11/11CLAIR W. MC WHIRTER HERMITAGE, PA 3007 PENN/LIFE 06/23/11R. L. NICHOLS TEMPLE, TX 2410 ATSFF/LIFE 07/16/11CHARLES E. RIDGE SULLIVAN, IN 1063 AF/LIFE 06/08/11SIDNEY UCHYTIL BELLE PLAINE, IA 0381 USD/LIFE 06/17/11

PAID JULY 1, 2011 TO AUGUST 31, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,500.00AMOUNT PREVIOUSLY PAID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,363,307.75TOTAL AMOUNT PAID TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,370,807.75NUMBER OF CLAIMS PAID – 15

REPORT OF DEATH NOTICES RECEIVED DURING JULY AND AUGUST 2011

CRAIG J. AASEN SOIUX CITY, IA 1788 USD/UP 06/30/11LARRY P. BENNER ROCKFORD, IL 1302 BURL/BNSF 08/23/11CHARLES CORDELL LA RUE, OH 1900 CRSF/CSXT 07/26/11MARK A. DEMERANVILLE GERING, NE 0961 BURL/BNSF 07/23/11RICHARD D. GRAFF MARSHALLTOWN, IA 0381 USD/UP 07/28/11LYNN O. KUNKEL LINCOLN, NE 1320 BURL/BNSF 07/01/11THOMAS J. PRESTON MOHAWK, NY 0882 CRSF/CSXT 08/12/11BENITO S. SANCHEZ COUNCIL BLUFFS, IA 0216 USD/UP 05/01/11BARTON E. SMOOT ROYAL, IA 0519 USD/UP 03/09/11MIKE B. SNYDER CASPER, WY 1292 BURL/BNSF 05/16/11DANNY K. WINNER CORNING, OH 3080 PENN/NS 07/10/11

REPORT OF DEATH BENEFIT CLAIMS PAID DURING SEPTEMBER AND OCTOBER, 2011

NAME CITY/STATE LODGE/SYSTEM/RR D.O.D.

DOMINGO J. ALEMAN FRESNO, CA 2419 ATSFF/LIFE 07/08/11EMMITT W. BALDWIN PAMPLIN, VA 0572 ASF/LIFE 05/10/11THURMOND COCKRELL SALUDA, SC 1618 SOU/LIFE 09/15/11RUEL M. DANIEL WASKOM, TX 0564 AF/LIFE 09/20/11KENNETH W. GILLMORE NAMPA, ID 1381 USD/LIFE 08/24/11JOHN J. JAUCH PUEBLO, CO 1517 USD/LIFE 03/11/11MILO H. LARSON JACOBSON, MN 0706 BURNOR/LIFE 10/07/11MIKE MADRID SPRINGER, NM 2415 ATSFF/LIFE 08/13/11JOSE C. MAES BOISE, ID 0918 USD/LIFE 02/17/11JAMES D. STARLING SALTERS, SC 0563 AF/LIFE 08/10/11NORMAN J. STOUDT HAMBURG, PA 2780 CRSF/LIFE 10/04/05RALPH J. WISE PICKRELL, NE 0473 USD/LIFE 08/22/11ANDREW ZERA LIGONIER, PA 3008 PENN/LIFE 08/25/11

PAID SEPTEMBER 1, 2011 TO OCTOBER 31, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500.00AMOUNT PREVIOUSLY PAID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,370,807.75TOTAL AMOUNT PAID TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,377,307.75NUMBER OF CLAIMS PAID – 13

REPORT OF DEATH NOTICES RECEIVED DURING SEPTEMBER AND OCTOBER 2011

MICHAEL R BOZEK MORRISVILLE, PA 3014 PENN/NRPC 07/06/11STEVEN G. CLAYTON PALMYRA, MO 2621 BURL/BNSF 08/16/11ELMER C. HULSE WAKARUSA, KS 1216 USD/UP 08/28/11JOHN D. MERRELL CROYDON, PA 3014 PENN/NRPC 09/30/11TIM R. PRUDOM MARQUETTE, MI 1489 MIDW/LSI 10/04/11FILIP QUATTROCCHI N. ARLINGTON, NJ 2905 CRSD/NJT 09/14/11BRENT T. TYRRELL GARRETSON, SD 0908 BURNOR/BMWE 09/11/11

Washington, DC— Applicationsare now open for the 2012 UnionPlus Scholarship Program, whichprovides $150,000 in scholarships tounion members, their spouses anddependants.

To apply, visit UnionPlus.org/Education. This year’s application isentirely online—allowing students tocomplete their application over timeand save their responses. Theapplication deadline is January 31,2012.

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In addition to demonstratingacademic ability, applicants arerequired to submit essays of nomore than 500 words describingtheir career goals, detailing theirrelationship with the union move-ment and explaining why they aredeserving of a union scholarship.

Individuals must be acceptedinto an accredited college or univer-sity, community college or recog-nized technical or trade school at thetime the award is issued. Graduateschool students are also eligible forUnion Plus Scholarships. There is norequirement to have participated inany Union Plus program in order toapply.

Since 1991, Union Plus hasdistributed more than $3.2 million inscholarships to working families.

In addition to the Union PlusScholarships, the following benefitshelp union families afford highereducation:

• Scholarships to help unionmembers and leaders finish theirdegrees with an affordable, flexibleand convenient online program atthe National Labor College.

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BMWED JOURNAL18

BMWED Legislative Issues – 112th Congress

AMTRAK NATIONAL FACTS

The name “Amtrak” is theblending of the words “America”and “track.” It is properly used indocuments with only the first lettercapitalized. The railroad is alsoknown as the National RailroadPassenger Corporation.

HISTORICAL BACKGROUND ON

AMTRAK

• Amtrak was created by Con-gress in 1970 to take over thepassenger rail services previouslyrequired to be operated by privatefreight railroad companies in theUnited States. Those companiesshowed they had operated theservices at a net loss of millions ofdollars for many years.

• More than half of the railpassenger routes operated by thefreight railroad companies wereeliminated when Amtrak beganservice on May 1, 1971.

BASIC AMTRAK FACTS

• During FY 2010 (October 2009– September 2010), Amtrak wel-comed aboard more than 28.7million passengers, the largestannual total in Amtrak’s history. Anaverage of more than 78,000passengers rides more than 300Amtrak trains per day.

• Amtrak operates a nationwiderail network, serving more than 500destinations in 46 states and threeCanadian provinces on more than21,200 miles of routes, with morethan 20,000 employees. It is thenation’s only high speed intercitypassenger rail provider, operatingnearly 60% of its trains at topspeeds in excess of 90 mph/145kph.

• In FY 2010, Amtrak earnedapproximately $2.51 billion inrevenue and incurred approxi-mately $3.74 billion in expense. Nocountry in the world operates apassenger rail system without someform of public support for capitalcosts and/or operating expenses. In

2009, the most recent year forwhich data for other railroads isavailable, Amtrak’s farebox recov-ery (percentage of operating costscovered by revenues generated bypassenger fares) was the highestreported for any U.S. passengerrailroad.

• In 2010, an average of morethan 862,000 people every weekdaydepended on commuter rail ser-vices that used Amtrak-ownedinfrastructure, dispatching, sharedoperations, or rode commutertrains operated by Amtrak undercontracts with local or regionalagencies.

• Amtrak’s Northeast Corridor(NEC) is the busiest railroad inNorth America, with more than2,200 trains operating over someportion of the Washington-Bostonroute each day. More than a quarterof a million riders use the NEC onevery weekday, generating morethan 4.9 million daily passengermiles.

• If included among U.S. airlinesin 2008, Amtrak would rank 8th inthe number of passengers served.On average, there are nearly twiceas many passengers on an Amtraktrain than there are on a domesticairline flight.

• The Boston-New York-Wash-ington portion of the NortheastCorridor carried 10,375,209 passen-gers in FY 2010 on Acela Express,Regional Service or other trains.Three other corridors had ridershipthat topped one million or more:Pacific Surfliner Service (San Diego-Los Angeles-San Luis Obispo,2,613,604), Capitol Corridor Service(San Jose-Oakland-Sacramento-Auburn, 1,580,619) and the Key-stone Corridor Service (Harrisburg-Philadelphia-New York City,1,296,838).

Five other corridors had rider-ship in excess of a half-millionpassengers:

• Empire Service (New York-Albany-Niagara Falls): 981,241

• San Joaquin service (Oakland-Sacramento-Bakersfield): 977,834

• Amtrak Cascades service(Eugene-Portland-Seattle-Vancouver, B.C.): 836,499

• Hiawatha Service (Chicago-Milwaukee): 783,060

• Lincoln Service (Chicago-St.Louis): 572,424

• Amtrak operates 15 longdistance trains on a national net-work of routes ranging in lengthfrom 764 to 2,438 miles.

• These trains provide the onlyAmtrak service in 23 states and at

nearly half of the stations they serve.• They are the only intercity

passenger transportation service inan increasing number of communi-ties.

• Amtrak-owned equipmentincludes Amfleet®, Superliner®,Viewliner® and other railroad pas-senger cars totaling 1,518, plus 459locomotives, 80 Auto Train® vehiclecarriers and 101 baggage cars.

• Amtrak-operated state-ownedequipment includes 140 railroadpassenger cars and 22 locomotives.

• Amtrak-owned propertyincludes 363 miles of the 456-mileNortheast Corridor connectingWashington, Philadelphia, NewYork and Boston, the busiest pas-senger line in the country, withtrains regularly reaching speeds of125-150 mph/201-2241 kph; a 60.5-mile track segment from NewHaven, Conn., to Springfield, Mass.;104 miles of up to 110 mph/177 kphtrack in Pennsylvania betweenPhiladelphia and Harrisburg, thefirst new high-speed corridor in the21st century; a 95-mile segment of95 mph/153 kph (soon to be 110mph/177 kph) track in Michigan thatuses the first high-speed positivetrain control system in revenueservice outside the NEC.

Amtrak is the only railroad inNorth America to maintain right ofway for service at speeds in excessof 100 mph, and its engineeringforces maintain more than 350route-miles of track for 100+ mphservice.

• Amtrak has 17 tunnels consist-ing of 29.7 miles of track and 1,186bridges consisting of 42.5 miles oftrack.

• Amtrak owns three heavymaintenance facilities inWilmington and Bear, Del., andBeech Grove, Ind., as well as othermaintenance facilities in Washing-ton, DC; New York City, Rensselaerand Niagara Falls, NY; Boston;Hialeah, Fla.; Chicago; New Orleans;Los Angeles; Oakland; and Seattle.

• Seventy percent of the milestraveled by Amtrak trains are ontracks owned by other railroads.Known as “host railroads,” theyrange from large publicly tradedcompanies based in the U.S. orCanada, to state and local govern-ment agencies and small busi-nesses. Amtrak pays these hostrailroads for use of their track andother resources required to operateAmtrak trains, with incentives foron-time dispatching. Those pay-ments were for more than 26million train miles (one train mile =a mile of track usage by each train)

in FY 2010 and totaled more than$136.9 million.

The six largest host railroads forAmtrak trains are:

• BNSF Railway, 6.8 million trainmiles

• Union Pacific Railroad, 6.19million train miles

• CSX Transportation, 5.90million train miles

• Norfolk Southern Railway, 2.49million train miles

• Canadian National Railway,1.46 million train miles

• Metro North Railroad, 1.34million train miles

STATE SUPPORT FOR AMTRAK

Fifteen states contract withAmtrak for the operation of trainsthat supplement the nationalAmtrak network by extending thereach of passenger rail services orprovide additional frequencies onAmtrak routes. State and regionalagencies pay most of the operatingcosts of these services, not coveredby farebox revenues. Continuedoperation of these state-supportedroutes is subject to annual contractsand state Legislative appropria-tions, along with Amtrak financialparticipation. In addition to operat-ing funds, many of these states alsoprovide funds for infrastructure orother capital improvements toAmtrak routes in their states.

AMTRAK SUPPORT TO STATES

In the state of Maryland alone,Amtrak employs 2,264 residentswith total wages in excess of $162million dollars annually. These arewages spent back into the state’seconomy. In addition, Amtrakspends approximately $45 to $46million dollars purchasing goodsand services within the state ofMaryland.

More money spent back into thestate’s economy. This is just one ofthe many states within our nationthat Amtrak invests in.

UNION JOBS

Amtrak employs approximately17,000 employees belonging to 13rail labor organizations. Theseemployees contribute into ournational railroad retirement planwhich accounts for about 12% of allnew money contributed into ourrailroad retirement. This is but oneof the critical reasons showing usthat Amtrak needs be fundedappropriately.

TELL YOUR CONGRESSIONAL LEADERS TO FUND AMTRAK

BMWED Legislative IssuesContinued on Page 19

Director of Government Affairs

Charlie Hogue

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19SEPTEMBER/DECEMBER 2011

DRIVE

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DRIVE dollars contributed byBMWED members like you go todefeat politicians who disrespectand trample on the rights and needsof workers like you.

Making a difference in day-to-day politics requires significantresources to lobby legislators tomake sure they cast votes that helpBMWED members and their fami-lies. It takes money to ensure thatgovernment agencies have theinformation necessary to properlyadminister existing laws and regula-tions and bargaining rights such asovertime, safety as well as a myriadof other issues we face every day.

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High-Speed Rail—U. S. SecretaryLaHood and Illinois Officialsbreak ground on Chicago High-Speed Rail Project

Secretary LaHood was joined byIllinois Governor Pat Quinn, U.S.Senator Dick Durbin, U.S. Congress-men Bobby Rush and Dan Lipinski,Chicago Mayor Rahm Emanuel andother state and local elected offi-cials, as well as business, labor andcivic leaders.

“Projects like this one areexactly why President Obama hasmade transportation such a big partof the American Jobs Act,” saidSecretary LaHood. “We have work-ers on site today, American factoriesproducing new supplies, and whenthe project is completed, people andgoods will move more quickly andeasily through the Midwest, makingthe region a better place to start abusiness or hire new workers.”

The $133 million constructionproject is funded through a $126million grant from the U.S. Depart-ment of Transportation’s high-speedintercity passenger rail program,with a $6.6 million contribution fromGovernor Quinn’s Illinois “JobsNow!” construction program. Thismarks the start of the second major

construction project in the Midwest,as work is also under way on theChicago-St. Louis High-Speed RailCorridor.

Workers will build a bridge tocarry 78 daily North-South MetraRock Island commuter trains andapproximately 60 East-West intercitypassenger and freight trains thatoperate on the Norfolk Southerncorridor.

The new bridge will allow alltrains to pass through withoutconflict and is designed to allow foradditional tracks to be added to bothcorridors to accommodate futuregrowth.

“The Englewood Flyover willmake life easier for tens of thou-sands of commuters every day andput people to work immediately,”Governor Pat Quinn said.

“This vital project will eliminatea problem spot and set the stage forfuture passenger rail growth whileboosting Illinois’ position at theeconomic engine of the Midwest.

Nearly two years ago, many ofus gathered here to announce $133million in funding—including $126million through the AmericanRecovery and Reinvestment Act—tobegin rebuilding the rail systemright here on the South Side ofChicago. When the EnglewoodFlyover project is complete, freightand passenger train will move moreefficiently, saving time and money.But, more importantly, as a result ofthis federal funding, the hard hitconstruction industry in the Chicagometro area will see 1,500 jobs—good-paying jobs that can’t beoutsourced.”

“If we are going to continuegrowing our economy, we needmore projects like this one, notfewer, which is why the AmericanJobs Act is so important,” SenatorDick Durbin said.

“The potential construction jobsand contracts from The Flyoverarrive right on time for residents andbusiness owners in the First Con-gressional District,” said Congress-man Bobby Rush.

“For years people living andworking in this neighborhood haveendured the smoke and noise fromidling trains in their community. Iam working hard to make sure thatwomen and minorities have everyopportunity to work and obtaincontracts and to participate as welay the groundwork for high speedrail that will carry our community,city, nation and economy forward.”

“Every day, nearly 1,300 trainspass through Chicago-making it oneof the busiest rail hubs in the UnitedStates,” said Chicago Mayor RahmEmanuel. “CREATE will invest incritically needed improvements toincrease the efficiency of passenger

and freight rail infrastructure,enhance the quality of life forresidents and ensure Chicagoremains a competitive destinationfor travel and trade.”

“There aren’t many projects thatdeliver this kind of bang for thebuck,” Congressman Dan Lipinskisaid. “As a linchpin of the CREATErail modernization project, it’s criticalto modernizing our aging railsystem, preserving our status asAmerica’s transportation hub, andboosting long-term job creation innortheastern Illinois. Having ob-tained the initial $100 million forCREATE back in 2005, I’m very gladwe’re finally breaking ground.”

Since the 1990s, Midwesternstates have planned an intercitypassenger train network that con-nects the 40 largest cities in theMidwest with over 60 roundtripsfrom downtown Chicago each day.The Englewood project will benefitpassengers traveling along animproved corridor from Detroit,which has been awarded severalgrants for construction projects toincrease speeds to 110 mph. Travel-ers from Cleveland, Indianapolis andCincinnati will also see fewer delaysthanks to the new bridge. Theproject is part of the Chicago RegionEnvironmental and TransportationEfficiency Program (CREATE), apublic-private partnership betweenthe state, city and railroads aimed atuntangling Chicago’s infamouslysnarled railroads where conflictscause delays across all modes oftravel.

A strict “Buy America” require-ment ensures U.S. manufacturersand workers receive the maximumeconomic benefits from this federalinvestment. The project will boostdomestic manufacturing of railwaysupplies. According to RailwaySupply Institute, Illinois railwaysuppliers account for over $4.5billion in sales each year, more thanany other state in the nation. U.S.DOT previously announced a $782million investment for a fleet ofnext-generation American-madetrains to operate across the Midwestand in California.

Thirty-two states across the U.S.and the District of Columbia arecurrently laying the foundation forpassenger rail corridors to linkAmericans with faster and moreenergy-efficient travel options. Todate, U.S. DOT has invested $10.1billion to put America on tracktowards providing new and ex-panded rail access to communitiesand improving the reliability, speed,and frequency of existing service.

STATE ISSUES

Wisconsin—As we witnessedearlier this year, organized labor and

its allies recalled 2 Republican statesenators who supported GovernorWalker’s anti-worker legislativeagenda, including the elimination ofcollective bargaining, in historicfashion. Despite more than $30million spent on the right in some ofthe most conservative districts in thecountry, two new Democrats arenow Senators, and the Republicanmajority in the Senate is a slim one-seat margin. Meanwhile, efforts topossibly recall Walker are gainingsteam, as the state part collectssignatures.

Ohio—Following the passage ofSenate Bill 5, which eliminatescollective bargaining, unions andtheir allies filed a Citizen’s Veto ofthe bill, which will now face votersthis November. If a majority ofvoters vote NO on Issue 2 (SB-5), thebill would be wiped off the state’sstatutes. To get the bill on theNovember ballot, organizers wererequired to collect nearly 300,000signatures. In response, 1.3 millionsignatures were submitted, includ-ing more than 20,000 Teamstersignatures. Issue 2 opponents (ourside) hold a steady lead in polls, butthe influx of right-wing money willmake the November election ex-tremely tight. The Teamsters have 15Lost Timers working with membersto encourage them to vote NO onIssue 2. (Since the Journal went topress, the election has been heldand the voters soundly rejected theanti-labor bill.)

Michigan—The Teamsters arefacing a number of threats in Lan-sing from right-wing politicians,including the looming battle overRight-to-Work (for Less). Addition-ally, a Right-to-Work bill aimedspecifically at the Michigan Educa-tion Association is also gainingground as well as a bill to prohibitcommunications of union activitiesat the work place. Earlier this year,the right wing passed an EmergencyFinancial Manager bill which allowsthe state to declare that cities are infinancial emergencies and appointofficials to eliminate collectivebargaining agreements. In response,unions and their allies are workingon a constitutional amendment toprotect collective bargaining in thestate as well as recalls of the worstof state legislators.

Indiana—Earlier this year, HouseDemocrats left the state for nearlyfive weeks to protest Republicanefforts to pass Right-to-Work (forLess) legislation. While the Demo-crats’ efforts succeeded this year, ahost of hearings on Right-to-Workhave been held and supporters of theanti-worker legislation will be makinga major push to pass the bill in 2012.

BMWED Legislative IssuesContinued from Page 18

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BMWED JOURNAL20

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arlier this year, the Indiana Harbor Belt Railroad, headquartered inHammond, Indiana, considered using railroad contractors to build a

yard expansion at their Gibson Yard. After discussions with ConsolidatedRail System Federation General Chairman T. J. Nemeth, and Vice ChairmanJeffrey Bainter, IHB management decided to utilize their own BMWEDemployees to perform the work without any participation by contractors.This work involved the building of four new tracks, each having an averagelength of 7524 feet. The existing tracks now have a total capacity of 1,298auto racks, which was extended by an additional 316 auto racks. Includedwith these tracks was the installation of 26 turnouts (switches), 14 of thesebeing cross-overs giving the yard maximum flexibility in the way the carscan be handled.

The track work was completed along with a “New Service” roadwayextending from McCook Avenue to Columbia Avenue approximately 9,320feet in length by 24 feet wide. In addition, was the installation of 425 feet ofnew storm drains, and, the relocation of four signals. Also, before any ofthis work could be accomplished, approximately one million cubic yards ofdirt and debris had to be redistributed to different areas of the yard. Over30,000 man hours of work was put into this project.

To no one’s surprise, the BMWED completed the track expansionsahead of schedule and $2 million dollars under budget.

CRSF Vice Chairman Jeff Bainter offered, “We had no doubt that ourhighly skilled and professional members would succeed. After all, that’swhat we have been doing for the past 125 years.”

The Indiana Harbor Belt Railroad is a Class III railroad that comprises320 miles of track in the Chicago area. The IHB Gibson Yard is probably thelargest auto-switching operation in the United States.

IHB Decision To Use BMWED

For Project Pays Off

E

Gibson Yard before (above) and after.