Transportation Division News · 2019-01-04 · Tom Cahill, local chair- person of LCA-049 (CSXT -...

Tom Cahill, local chair-person of LCA-049 (CSXT- B&O) and vice presidentof SMART TransportationDivision Local 631(Brunswick, Md.), wasamong the presenters atthe first Trespasser andGrade Crossing FatalityPrevention Summit hostedby the Federal RailroadAdministration in late Octo-ber.

Cahill, a TD membersince January 1997, start-ed working on the railroadout of high school and

described to the audiencehis experience duringgrade crossing collisionsand trespasser incidents.

“None of the job inter-views or job descriptions inthe transportation sectorever covered what we’re

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

Transportation Division NewsVolume 50 • Number 10 • November 2018

l AroUnd sMArT Td: Contractwith Dallas regional RR OK’d, plusmore news from locals, Page 2.

l MoUrned: Cheyenne, Wyo.,Local 446 loses two brothers inaccident, Page 3.

l leAders’ ColUMns: Messages from General PresidentJoseph Sellers and TD PresidentJohn Previsich, Pages 4, 5.

l sTATe wATCH: Alternate NLDappointed to a federal DOT advisory committee, Page 5.

l CenTersPreAd: Find out whichlocals are the top contributors to theUTU PAC, Pages 6-7.

l nTsB MAkes rUling: Board says lax track maintenancecontributed to a 2017 ethanol trainderailment in Iowa, 1.

Inside this issue of the SMART TD News

International Association of Sheet Metal, Air, Rail and Transportation Workers

Local chairperson speaks ontrespasser/crossing fatalities

REMEMBERING SMART GPEMERITUS JOSEPH NIGRO

April 27, 1950 - oct. 24, 2018

In this image courtesy the Transportation Trades Department (TTD) of the AFL-CIO, Tom Cahill, local chairperson of LCA - 049, discussestrespasser/crossing fatalities from an engineer’s perspective Oct. 30 at the Federal Railroad Administration’s first Trespasser and Grade CrossingFatality Prevention Summit in Washington, D.C.

See General President Joseph Sellers’ column on Page 4.

WINNING CANDIDATESFROM SMART TD

ArizonArichard Andrade (member), re-elected toAriz. House District 29 seat.

illinoisMatt Hanson (member), elected to KaneCounty board, District 6.Bill Mathes (Alumni Association member),appointed 5th Ward alderman, Granite CityCouncil.

indiAnAJessica Bailey (spouse of member),elected to Porter County clerk of courts.

iowAMatt windschitl (member), speaker pro temIowa House, representing Iowa’s 17th dis-trict, re-elected to a new term.

neBrAskAMary Ann Borgeson (spouse of state leg-islative director), re-elected as DouglasCounty commissioner, District 6.

new Jerseydaniel o’Connell (retired member and statelegislative director), re-elected as DelranTwp. Ward 2 councilman.

oHioMichael sheehy (Alumni Association mem-ber), re-elected as state House representa-tive for District 46.

wyoMingstan Blake (member, current state legisla-tive director), re-elected as state House rep-resentative for District 39.

From left, SMART Transportation Division President John Previsich,Tom Cahill and Maryland State Legislative Director Larry Kasecamppose for a photo at the FRA Trespasser and Grade Crossing FatalityPrevention Summit.

WATCH THE SPEECHA video of Tom Cahill’s presentation to the FRA summit accompanies theonline version of this article at www.smart-union.org/td/

Continued on Page 11

Around the SMART TD

www.smart-union.org/td • www.utuia.org

November 2018 SMART TD News

Local 941, Columbus, Ga.

GCA - DGN, LCA D&W, Dallas, Texas

NJT conductor corrals wayward dog

Local 60 member Howard Kempton holds Shelby using amakeshift leash made from his tie on Oct. 20 in this photoprovided by Instagram user@daniellephant144.

Dustin Little volun-teers his time toread to studentsduring career dayactivities at WestSide Elementary inCedartown, Ga.Dustin, a conduc-tor on NorfolkSouthern, earnedkudos from hisstate representa-tive, Trey Kelley ofthe 16th District,who said he wasproud of Little’svolunteer work.

Local 240, Los Angeles, Calif.

The SMART TransportationDivision’s Dallas, Garland andNortheastern (DGN) member-ship overwhelmingly ratified anew seven-year agreement,SMART TD Vice Presidentdavid wier reported Nov. 1.

“General Chairperson BobbyTaylor (GCA – DGN) and ViceLocal Chairperson (LCA –D&W) danny Mahan did anexcellent job of bringing themembers’ concerns to thetable,” Wier said. “The newagreement provides substantialannual general wage increaseswith full back pay.”

The new agreement is forseven years, from Jan. 1, 2016,through Dec. 31, 2022, andprovides seven general wageincreases totaling 19.5 percent,with a cumulative wageincrease of 21 percent over thelife of the contract and full backpay.

The agreement provides:• 1.5 percent general wage

increase effective January 1,2016;

• 1.5 percent general wageincrease effective January 1,2017;





• 2.5 percent general wageincrease effective January 1,2022.Also coming with the ratifica-

tion are increased paid vacationtime for all employees andincreases in training pay andboot allowances with improvedbidding procedures.

In an age where it seems like everything isabout “me, me, me,” New Jersey Transit con-ductor and SMART TD Local 60 memberHoward kempton showed passengersaboard New Jersey Transit (NJT) Train 6923and a worried dog owner what it means to beselfless.

On Oct. 20, Judy Karamessinis Gunn andher dog Shelby were out for a walk in theSouth Mountain Reservation near SouthOrange, N.J., when Shelby’s leash broke andshe ran off.

At around 1 p.m., NJT Train 6923 wasapproaching the South Orange station whenpolice alerted the train engineer that a doghad been spotted on the tracks. The engineerinformed conductor Kempton about the dog,who then radioed to the dispatcher to stop thetrains in the area.

Kempton, with the assistance of a statetrooper, tracked down the scared pooch and,using the tie from his uniform, fashioned amakeshift leash for the dog and brought heraboard the train. NJT traffic resumed, and apassenger called Gunn via the phone numberon the tag on Shelby’s collar. Gunn and Shel-by were reunited at the Summit station.

A grateful Gunn posted on the NJT Face-book page: “Thank you Howard ... for savingmy little Shelby! She got away from me inSouth Mountain Reservation and I looked forher for two hours before I got the phone call.You are heroes and I am forever grateful!”

In his response to Gunn’s post, Kemptoncredited being in the right place at the righttime. “I’m glad I was at the right spot at theright time. I must say I couldn’t have done itwithout the South Orange police officer whopointed out to my engineer, Mike B., who theninformed me that there was a dog on thetracks. I want to thank the NJ state trooperwho also helped me to track Shelby down.”

Kempton has been a member of Local 60 inNewark, N.J. since 1998. SMART TD com-mends Kempton and all involved for theirefforts and wishes them and Shelby well.

A new contract providing a cumulative 21percent wage increase was ratified bymembers who work for the Dallas, Garlandand Northeastern Railroad, a subsidiary ofGenesee and Wyoming Inc.

Conductor/brakeman/switchmanJoseph M. Fischer of Local 240retired Oct. 1. He hired out April 21,1964, with Southern Pacific Railroad inFresno, Calif., as a switchman, thenlater transferred to Los Angeles as aconductor/brakeman. According toHarry garvin, chairperson of Local240, Fischer, 73, had been the local’soldest switchman with road seniority asof Sept. 21, 1972, with Southern Pac-ific.

Garvin said Fischer was the local’slast switchman who hired out in the1960s still working. Fischer worked onthe railroad for more than 54 years and8 months of service with Union andSouthern Pacific railroads.

“The officers and members of Local240 want to thank him for all his yearsas a member and wish him many hap-py years of long health in retirement,”Garvin said.

SMART Transportation Division con-gratulates Fischer and wishes him wellin his retirement.

The SMART Transporta-tion Board of Directorsannounced Oct. 2 that ithad elected Joseph s.Chelette, first vice chairper-son of GCA-927, to serveas an alternate member tothe Executive Board.

Brother Chelette, 42, ofFlint, Texas, joined SMARTTD in July 1996 and fills thevacancy created with JamieModesitt’s elevation to theboard. He is a member ofLocal 1337 (New Orleans,La.) and has served as alocal delegate, alternatelegislative representativeand as a local chairpersonbefore becoming first vicechairperson Jan. 27, 2015.

“I wouldlike tothank theBoard ofDirectorsfor havingthe confi-dence tonominate

and then to vote for me,”Chelette said. “I am veryhonored to serve on thisboard and support ourmembership to the highestlevel because that’s whatthey deserve. I have alwaysbeen willing to support ourofficers and our members,and I look forward to work-ing for them to better ourorganization.”

Local 1337, New Orleans, La.

Chelette

Local 363, Roanoke, Va.

Members of Local 363 collected school supplies andbackpacks that they donated to area students aspart of their SMART Army volunteer and activismefforts.

New officers were chosen tolead the Professional Yardmas-ters Association of America atthe association’s spring meetingApril 3 and 4 in New Orleans, La.General Chairperson Christo-pher Bartz (GCA - 256) wasnominated and elected by accla-mation for a second term as theassociation’s chairman. GeneralChairperson Michael Miele(GCA - 340) was nominated forvice chairman and was electedby acclamation. Brother Mielewill be serving his third consecu-tive term for the association, hissecond as vice chairman. Gener-al Chairperson Matthew Burkart(GCA - 341) was nominated forsecretary/treasurer, along withGeneral Chairperson JosephBuerger (GCA - 247). Secretballoting resulted in Burkart’selection.

The Professional YardmastersAssociation of America, previ-ously the J.D. Martin Council ofYardmaster General Chairper-sons after the late Jerry D. Mar-

tin, is made up of general chair-persons from railroads acrossNorth America and convenestwice a year to address currentand pending issues regardingthe yardmaster craft, which ismarking its 100th anniversary.One issue strongly supported bythe association is the Yardmas-

ter Hours of Service Act (H.R.3148), which would regulate thenumber of hours a yardmastercould work.

Passage of this bill will be vitalfor the safety of the yardmastersand the union brothers and sis-ters whom they supervise, Bartzsaid.



S&Ts: Get trained for TD Connect systemRegistration is open for local treasurers who are interested

in attending workshops where they will learn how to use TDConnect to manage member records and to work with thenew eBill system.

Two sessions have openings:• Jan. 28, 29 & 30 in Minneapolis/St. Paul, Minn.; workshop

registration deadline is Jan. 21.• Feb. 11, 12 & 13 in Salt Lake City, Utah; workshop registra-

tion deadline is Feb. 4.A third workshop scheduled for early January in Kansas

City, Mo., already has filled to capacity. Three successfulsessions in the autumn all filled.

The sessions will run 9 a.m. to 5 p.m. all three days. Atten-dence is limited and will be filled on a first-come basis.

Additional information about these workshops, includinglinks to register, is available on the S&T Tools page onwww.smart-union.org/td/ or by calling Alyssa Patchin at216-228-9400.

S&Ts are also reminded to keep their email addresses cur-rent with the TD Updating Department to receive the FieldSupport Help Desk’s email newsletter.

Local secretaries and treasurers attend a TD Connect workshop in early October in New Haven, Conn., to learn about thenew ebilling system that will be rolled out in January. The workshop was the first of eight to occur through mid-Februaryacross the nation. More information about the workshops is available on the S&T Tools page of the SMART TD website.

Brakes eyedas NTSBlooks intofatal collision

Two members of Local 446 inCheyenne, Wyo., Jason Vincent Mar-tinez, 40, and Benjamin “Benji” georgeBrozovich, 39, died in October when theUnion Pacific (UP) train they were operat-ing hit the rear end of astopped train nearCheyenne, Wyo.

Martinez, an engineer,had been a member sinceNovember 2006 and wasa lifetime member of Vet-erans of Foreign WarsPost 1881. In his freetime, he enjoyed playingpool and softball, going toLas Vegas and gambling,and he was a DenverBroncos fan.

Brozovich, a conductor,had been a TD membersince June 2015 and hadbeen employed by UP for20 years. He loved motorcycles and theDenver Broncos. In his free time, heenjoyed motocross racing and golf.

SMART TD expresses its condolencesto the members’ families, friends, Local446 and all who knew them.

A preliminary report from the NationalTransportation Safety Board released inmid-November states that data retrievedfrom the event recorder of the train indi-cated that an emergency brake applicationfailed to slow the train as it descended agrade.

Positive train control (PTC) was active atthe time of the accident, NTSB said.

NTSB said further investigation willfocus on components of the train’s airbrake system, head-of-train and end-of-train radio-linked devices, train brakingsimulations and current railroad operatingrules.

Investigators will also determine if therailroad’s air brake and train handlinginstructions address monitoring air flowreadings and recognizing the communica-tion status with the end-of-train device, thereport stated.

Martinez

Brozovich

Around the SMART TD continued...

From left, General Chairpersons Matt Burkart (GCA - 341), Christopher Bartz (GCA - 256)and Michael Miele (GCA - 340), the newly elected leadership of the Professional Yard-masters Association of America, pose for a photo.

Yardmaster association leaders chosen

Locals 48 and 854, Norfolk and Portsmouth, Va.

Virginia State Legislative Director Ronnie Hobbs reported a large turnout for the annual oyster roast hosted by members from Locals 48 and 854. Hobbs said members from Locals 363 (Roanoke, Va.) and 662 (Richmond, Va.) also showed up for the Oct. 13 event.

Your newspaper. Your stories.Members, officers and alumni are invited to submit items for the SMART TD News.Whether it’s a tidbit from your local, the latest legislative success, a fundraiser or charity effort or a brother or sister who has a great story, we’re here to get the wordout. Email items to [email protected] and we’ll be in touch!

To our membership, wewould like to pray for all peo-ple in all parts of our countryand also all across the worldthat the good Lord helps us allso we all can live a peacefullife. We allare here forprecious lit-tle time, andlet’s allenjoy themoments oflife we haveon Earth.With all the disasters, hurri-canes, earthquakes and wild-fires, many of our member-ship and people have sufferedthis year. Please share withour friends and family what lit-tle we have and rememberthere is a tomorrow if we arealive. Enjoy the upcoming hol-idays, enjoy the winter, andwe will do more in 2019.

Please have a happy holi-

day season, new year andGod bless us all.

The year 2018 went by andwe accomplished much. A lothas happened in and aroundour country. We had two verysuccessful regional meetingsfor our officers and member-ship, where a lot of network-ing took place.

We have set up the Garde-na, Calif., First Student schoolbus Local 1909 and it is run-ning with 300-plus new mem-bers. We are close to havingthe Coach U.S.A. Anaheim,Calif., local established in thevery near future with 200-plusnew members. The Local1589 contract with CoachU.S.A. in suburban New Jer-sey has been negotiated —everything is done.

We are working very hard toorganize as many propertiesas possible 24/7 from WestCoast to East Coast.

A reminder that the elec-tions for local committees ofadjustment and delegates aregoing on — please partici-pate. We are ready to assistall elected officers in any waypossible, whatever trainingyou feel is needed, we arehere to support you all in anyway possible. Contact yourleadership and we will getthings rolling.

A special thanks goes out toevery elected officer for fulfill-ing the sometimes thanklessjob that you have volunteeredfor. Please continue to doyour best and ask us for anyhelp we can give to you, soyou can help our member-ship. Until next time, may Godbless America and us all.

Adhi ReddySMART TD Bus

Vice President216-287-9324

[email protected]



Joseph Sellers Jr.SMART General President

[email protected]

Richard L. McCleesSMART General Secretary-Treasurer

[email protected]

Contact us: [email protected]: 216-228-9400 Fax: 216-228-5755

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

T R A N S P O R T A T I O N D I V I S I O N

John PrevisichSMART Transportation Division President

[email protected] Risch

SMART Transportation Division National Legislative Director

[email protected]

Bus Department NewsA message from your Bus Department leadership

Reddy

NEWS IN BRIEFFRA reactivatessafety committee

A notice published in theFederal Register in lateSeptember announced thatthe Railroad Safety Adviso-ry Committee (RSAC)would be rechartered fortwo years after a period ofdormancy.

RSAC advises theadministrator of the Feder-al Railroad Administration(FRA) and makes recom-mendations on mattersrelating to railroad safety,resulting in a process thatallows stakeholders,including labor and indus-try representatives, to col-laborate before proposedrules are submitted.

The committee consistsof 40 representatives from29 member organizations,including SMART Trans-portation Division. It lastmet in May 2017, accord-ing to the RSAC website,and has been in existence

since 1996.A notice providing details

about the committee’s nextmeeting has yet to be post-ed to the RSAC site.FTA increasesdrug testing rate

As mandated by its drugand alcohol regulation, theFederal Transit Administra-tion (FTA) will increase theminimum rate of randomdrug testing from 25 per-cent to 50 percent of cov-ered employees foremployers subject to FTA’sdrug and alcohol regula-tion, effective January 1,2019. This change is dueto an increase in the indus-try’s ‘‘positive rate’’ asreflected in random drugtest data for calendar year2017.

The required minimumrate for random alcoholtesting is unaffected by thischange and will remain at10 percent for 2019.

In October, we lost one ofthe greats among us, a manwhose courage and dedica-tion to the members of ourunion was unparalleled — aman who made the forma-tion of SMART possible.

Throughout his life, andthrough his long and storiedcareer, Joe Nigro workedtirelessly for our memberswith every ounce of energyhe possessed.

Since his first day, step-ping into the Local 17 sheetmetal hall in Boston, Joenigro’s larger-than-life per-sonality left an impressionon each person he met. Hecould quickly deescalate asituation when he had to,and he always made timefor members and their fami-lies, no matter the situation.

As a leader, Joe’s deci-sions were based on thebest interest of the member-ship. He challenged unionleaders and political figures,

ensuring they were heldaccountable inkeeping their focus on thepeople who elected them toserve. That’s where he gotthe nickname “Members’President” — and it wasa title he wore as a badge ofhonor. Joe lived up to thatname by spending everyhour of his time focusing onwhat was best for our unionand our families.

Joe’s philosophy and lead-ership style was to “leadfrom the front.” That’sbecause Joe believed that atrue leader doesn’t standback behind the lines, butinstead jumps into the fight.They join the frontline

to share the same burdensas everyone else. In thatsame vein, he never askedothers to make sacrifices hewould not make himself.This leadership style helpedhim rise to the occasion inthe wake of the 2007 GreatRecession. Members, likeall working people, were suf-fering like at no other timesince the Great Depression.Joe successfully challengedleaders to make the samefinancial sacrificesthat members faced duringthe depths of the crisis.

As he worked to pick upthe pieces from that eco-nomic crisis, General Presi-dent Nigro simultaneouslysteered the historic mergerbetween the former SheetMetal Workers’ InternationalAssociation (SMWIA) andthe former United Trans-portation Union (UTU) toform SMART. His firm andfair leadership ensured its

successful completion as heguided it to the First SMARTGeneral Convention in2014.

I feel privileged in servingyou with General PresidentNigro during the formation ofour Union as your GeneralSecretary Treasurer. Everytime a member “leads fromthe front,” we honor hismemory. I, for one, know heis looking down at this

organization and member-ship with the pride and lovehe held for all of us duringhis all-too-brief time here.

Fraternally,

Joseph Sellers Jr.General President,

SMART

By JosephSellers Jr.

Joe Nigro’s legacy reminds us all to ‘lead from the front’SMART GENERAL PRESIDENT’S COLUMN

Please recycle

NOVEMBER 2018ISSN 2470-0304

SMART Transportation Division News (ISSN 2470-0304) is published seven times per year in the months of February, September, October andNovember with combined issues in the months of April/May, June/July and December/January by SMART Transportation Division, 24950 CountryClub Blvd., Suite 340, North Olmsted, OH 44070-5333. Periodicals postage paid at Cleveland, Ohio, and additional mailing office. POSTMASTER:Send address changes to: SMART Transportation Division News, 24950 COUNTRY CLUB BLVD., SUITE 340, NORTH OLMSTED, OH 44077-5333 • John Previsich, SMART Transportation Division President.

®

In this photo from the first SMART General Convention in Las Vegas in 2014,from left, Transportation Division President John Previsich, then-SMART Gener-al President Joe Nigro and then-SMART General Secretary Treasurer JosephSellers Jr., pause for a picture together.



State Watch News from SMART TD State Legislative Boards

Multiple states

SMART TRANSPORTATION DIVISION PRESIDENT’S COLUMN

Unity can bring us victories — in 2019, the fight goes onWelcome to 2019, a year

of great significance formembers of SMART. Com-mencing with SMART TDGeneral Committee elec-tions early in the year fol-lowed by the TransportationDivision and InternationalConventions in August, thedemocratic processes of ourunion will position the organ-ization to face the chal-lenges that lie ahead.

The challenges are many.Labor protections are underattack, publicly fundedtransportation entities arefacing budgetary pressuresdue to unwise financial deci-sions of leaders with otherpriorities, and an increasing-ly conservative judicialbranch decides ever-fewercases in favor of organizedlabor.

Working people in everyindustry benefit when theirworkplace is organized and

wages, rules and workingconditions are bargainedcollectively. That success isthe reason that many forcesare working very hard toweaken unions and elimi-nate worker protections. Theanti-worker groups that areso opposed to unions spareno expense to attain theirgoals, and their efforts areongoing in every arena.From legislative activity toregulatory “reform” to judi-cial activism, the anti-unionattacks are never-ending.

Unions overall are fightingback. The recent electiondefeat of two-term Wiscon-

sin Gov. Scott Walker, aunion-hater of the highestdegree, is an indication thatlabor can be an effectivevoice to sway public opinion.

The importance of unionsin today’s political environ-ment cannot be overstated.Strong unions are neces-sary to counter the influenceof those who believe thatunions stand in the way ofprofits.

A strong voice is neces-sary to speak out to otherswho would seek successthrough shifting the cost ofbenefits from the employerto the employee. Or to say aloud NO when finances orconvenience comes at theexpense of safety. Withoutstrong unions, employees inour industry are subject todiscipline without the rightfor adjudication, have nowork rules to enforce andthey have no choice but to

accept whatever compensa-tion and benefits theemployer decides to give.

Our union relies on thesolidarity of its members forthe support necessary toensure that we remainstrong, that our voice isheard at the collective bar-gaining table, in the regula-tory offices, the legislativefront and every other arenathat affects our interests.

All of us who work in thetransportation industry knowthat safety is of the firstimportance. The strength ofour union allows us to be aleader in transportationsafety, and we will continuethat vigilance in the yearahead. We will also be atthe forefront in national railnegotiations that will com-mence later in the year, andour Legislative Departmentwill continue to be recog-nized at both the state and

federal levels as a leader inour industry.

Solidarity is defined as afeeling of unity among peo-ple who have a commoninterest. There is no greatercommon interest amongmembers of organized laborthan strengthening and sup-porting their unions. Withstrong member support,unions can demand theattention that their membersdeserve.

As we saw in the Wiscon-sin governor’s defeat andothers like it, unions can andwill make a difference.

In solidarity,

John PrevisichPresident,

Transportation Division

By JohnPrevisich

A group of legislative directors from sev-en states attended a facility walk-throughat the Transportation Technology CenterInc. (TTCI), a railroad testing and trainingsite northeast of Pueblo, Colo. It originatedas the Department of Transportation’sHigh Speed Ground Test Center to testseveral hovertrain concepts. When thoseprojects were completed, the site washanded to the Federal Railroad Adminis-tration. TTCI was formed on January 1,1998, as a wholly owned subsidiary of theAssociation of American Railroads (AAR).

The site is home to numerous test tracksand laboratories. Two test tracks are elec-trified. The Railroad Test Track (RTT,

named to differentiate it from the originalhovertrain tracks) is equipped with over-head catenary, while the Transit Test Track(TTT) is equipped with a third rail and asmall section of overhead catenary. Addi-tionally, there are numerous specializedtrack geometry test tracks, with specifiedirregularities introduced to test rail vehicledynamic response.

After the tour, TTCI facility leaders andthe SLDs had a roundtable discussionabout safety trends in the industry.

“A special thank you to FRA, TTCI, thestate of Colorado and brother Jim garrettfor setting up the meeting,” said KansasState Legislative Director Ty dragoo.

Pictured, from left, are Randy Russ, Oregon state legislative director; Don Gallegos, New Mexico state legislativedirector; Herb Krohn, Washington state legislative director; Jim Garrett, Iowa state legislative director; Pat McFall of theFRA; Ty Dragoo, Kansas state legislative director; Kamron Saunders, Texas state legislative director; and CurtSchmitz, Idaho state legislative director.

Washington, D.C.SMART Transportation Division Alternate National Leg-

islative Director greg Hynes was appointed to the federalDepartment of Transportation’s Advisory Committee onHuman Trafficking (ACHT) in early October.

“Your experience and leadership as a representative ofrail and labor will add valuable insights thatwill help further ACTH’s mission,” Secre-tary of Transportation Elaine L. Chao saidin a letter announcing Hynes’ appointment.

The committee, required by the Combat-ing Human Trafficking in Commercial Vehi-cles Act, consists of stakeholders from traf-ficking advocacy organizations, lawenforcement and trucking, bus, rail, avia-tion, maritime and port sectors, including industry and labor.

According to the release, the new 15-member committeeis to provide recommendations to Chao before July 3, 2019to prevent human trafficking.

A member of Local 1031, Hynes has served as alternatenational legislative director since 2014 and has served onthe Federal Railroad Administration’s Railroad Safety Advi-sory Committee (RSAC).

Hynes

Illinois

Members of the SMART TD Illinois Legislative Board joined other union mem-bers and activists to help get out the vote for labor-endorsed candidates, includ-ing TD member and victorious Kane County Board candidate Matt Hanson ofLocal 171 (pictured in center). Board Secretary Dennis Nee of Local 1895 (fourthfrom left), Assistant Illinois State Legislative Director Joe Ciemny of Local 1534(fifth from left) and Board Vice-Chairperson Jeff Votteler of Local 1597 (seventhfrom left) joined Hanson to canvass neighborhoods in Aurora, Ill. Local 1299Legislative Representative Justin Hamilton (not pictured) also took part.


November 2018 SMART TD News November 2018 SMART TD News


Page 7

I, (please print) , of Local ,proudly pledge to UTU PAC the amount indicated below annually, to be pro-rated monthly and collected with myunion dues.

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UTU PAC reports are filed with the Federal Election Commission, 999 E St. N.W., Washington, DC 20463, and are available for inspection from that agencyand appropriate state agencies. Contributions or gifts to UTU PAC are not deductible as charitable contributions for Federal income tax purposes.

UTU PAC contributions for 2017Your top-performing local legislative representatives

Alabama598 Mobile .37622 Birmingham 1.62762 Montgomery 1.89772 Sheffield .69847 Birmingham 1.471053 Selma .291291 Birmingham .851887 Fairfield .001972 Birmingham .44State Average .85

Alaska1626 Anchorage 1.04State Average 1.04

Arizona113 Winslow 8.67807 Tucson 3.921081 Glendale 17.581629 Phoenix 2.891800 Tucson 3.40State Average 7.29

Arkansas221 North Little Rock 1.15462 Pine Bluff 2.48507 Van Buren 5.77656 North Little Rock .68733 DeQueen 1.59950 West Memphis 3.91State Average 2.60

California23 Santa Cruz 1.6031 San Jose 7.7232 Glendale 0.8084 Los Angeles 2.37100 Oakland .49239 Oakland 1.28240 Los Angeles 5.53492 Sacramento .20694 Dunsmuir 1.47771 Needles 1.49811 San Bernardino 2.33835 Bakersfield 1.071201 Stockton .901241 Richmond .571252 Fresno .421422 Los Angeles 1.431544 Maywood 3.411563 El Monte 1.281564 Los Angeles 1.361565 West Hollywood 1.361570 Roseville 1.171581 Bakersfield 3.141607 Los Angeles 1.171608 Chatsworth 1.651674 Los Angeles 7.681694 Barstow .241701 Montebello .061730 Richmond .591732 San Jose .971741 San Francisco .061770 Los Angeles .831785 Santa Monica 1.091801 Martinez .411813 West Colton 1.971846 West Colton .64State Average 1.68

Colorado40 Denver .24201 Trinidad .97202 Denver 3.43204 Pueblo 4.65500 Grand Junction 3.37945 La Junta 1.861136 Sterling 2.26State Average 2.40

Connecticut277 Hartford 1.01328 New Haven 1.311361 New Haven 1.361672 New London 1.04State Average 1.18

Delaware1378 Wilmington 2.12State Average 2.12

District of Columbia1522 Washington 1.151933 Washington 2.40State Average 1.77

Florida30 Jacksonville 2.59903 Jacksonville .421035 Lakeland .751138 Miami 4.031221 Tampa .551312 Pensacola .501502 Wildwood 1.731504 Sanford 2.27State Average 1.60

Average UTU PAC contribution per member, per month in dollars for 2017Georgia

511 Atlanta 1.33535 Macon .74674 Augusta 1.17941 Columbus .30998 Waycross 1.591031 Savannah 1.671033 Atlanta .711245 Atlanta .631261 Atlanta .931263 Valdosta 1.171598 Manchester .691790 Fitzgerald .531910 Macon 1.741971 Atlanta .50State Average .98

Idaho78 Pocatello 5.57265 Pocatello 2.051058 Nampa .41State Average 2.68

Illinois168 Chicago 2.53171 Aurora 1.40195 Galesburg 3.29196 Beardstown 4.61198 Peoria .51234 Bloomington 13.18258 Rock Island 1.10432 Champaign-Urbana 3.24445 Niota 3.10453 Clinton 10.08469 Madison 5.28528 Chicago 1.40577 Northlake 1.56597 Des Plaines 2.75620 Chicago 2.55653 Blue Island 2.72740 Joliet .40768 Decatur 1.02979 Salem .651003 Kankakee 1.191083 Villa Grove 2.001258 Elgin 2.671290 Chicago 3.011299 Chicago 1.561358 Danville 1.841402 Dupo 1.091421 Franklin Park 7.581423 Galesburg 1.431433 Elmwood Park 1.051494 Chicago 4.251525 Carbondale 3.531534 Chicago 3.541597 Chicago 2.611883 Riverdale 1.521895 Chicago 2.661929 East St. Louis 1.131973 Chicago 1.09State Average 2.84

Indiana6 Indianapolis 6.24194 Elkhart 2.51206 Peru 1.47298 Garrett 5.00333 North Vernon 2.37490 Princeton 4.16744 Frankfort 7.24904 Evansville 1.341202 Fort Wayne 1.761381 Hammond 1.391383 Gary .921518 Indianapolis 4.381526 Michigan City 2.281548 Indianapolis 2.331663 Indianapolis 4.20State Average 3.17

Iowa17 Marshalltown 2.86199 Creston 6.44228 Cedar Rapids 1.65306 Eagle Grove 1.72316 Clinton 1.80329 Boone 2.02418 Sioux City 1.27493 Waterloo 2.57646 Council Bluffs 1.78867 Des Moines 7.29State Average 2.94

Kansas44 Phillipsburg 4.0594 Kansas City 2.74412 Kansas City 3.99464 Arkansas City .59477 Newton 1.53495 Salina 1.56506 Herington 2.37527 Coffeyville 3.35533 Osawatomie .38707 Marysville 11.55763 Pittsburg 1.38774 Atchison 1.75794 Wellington 2.871227 Wichita 2.51

1409 Kansas City 2.271503 Marysville 9.841532 Kansas City 6.18State Average 3.47

Kentucky376 Louisville .12573 Danville .20630 Ashland .66785 Paducah .421190 Ludlow .261315 Covington 1.201316 Ravenna 2.061328 Louisville .401377 Russell 1.421963 Louisville .69State Average .74

Louisiana659 Leesville .28781 Shreveport 1.07976 Shreveport 2.791066 New Orleans .691337 New Orleans .811458 DeQuincy 2.101501 Baton Rouge 2.021545 Monroe 1.321678 Minden 1.071836 New Orleans .691947 Lake Charles 1.08State Average 1.27

Maryland430 Cumberland .91600 Cumberland .21610 Baltimore .57631 Brunswick .761470 Edmonston 7.371949 Baltimore .32State Average 1.69

Michigan72 Battle Creek 1.58278 Jackson .90313 Grand Rapids 6.92320 Saginaw 2.70886 Marquette 6.691075 Trenton 8.521183 Port Huron 2.131438 Lincoln Park .791477 Dearborn .321709 Pontiac 17.221760 Detroit 2.98State Average 4.61

Minnesota64 Waseca 2.23650 Minneapolis 4.80911 Minneapolis .691000 Minneapolis 2.151067 Virginia 6.531175 Duluth 2.401177 Willmar 1.771292 Proctor 4.061614 St. Paul 1.561976 St. Paul .85State Average 2.70

Mississippi427 McComb .39584 Meridian .82853 Amory .441088 Jackson .281334 Hattiesburg 1.39State Average .66

Missouri5 Kansas City 2.70185 Brookfield 1.72219 Hannibal 5.81226 Moberly 1.16259 St. Joseph 5.11303 Springfield 2.02330 Poplar Bluff .85349 Kansas City 2.51607 Thayer 2.30643 Kahoka 2.33933 Jefferson City 2.17947 Chaffee 1.921216 Kansas City 1.311388 St. Louis 2.651403 Kansas City 1.181405 St. Louis 5.101704 Kansas City .001780 Kansas City 6.191823 St. Louis 3.441975 Kansas City 1.71State Average 2.61

Montana3 Laurel 1.08486 Glendive 2.15544 Havre 4.38730 Great Falls 3.97891 Whitefish 5.121840 Glasgow 5.53State Average 3.71

Nebraska7 North Platte 3.06200 North Platte 2.94257 Morrill 1.27286 North Platte 5.53305 Lincoln 2.86367 Omaha 4.36626 McCook 3.02872 Omaha 8.93934 Alliance 2.28962 Alliance 3.74State Average 3.80

Nevada1043 Sparks 3.031117 Las Vegas 7.041775 Elko 3.09State Average 4.39

New England states254 Fitchburg 3.45262 Boston 2.07352 West Springfield .52587 Greenfield .60663 Bangor .34679 Attleboro .00898 Boston .141400 South Portland .151462 Boston 2.421473 Boston 2.12State Average 1.18

New Jersey60 Newark 1.73710 Newark .29759 Newark 1.70800 Jersey City 1.231390 Trenton .931413 Jersey City 2.061445 Elizabeth 1.311447 Newark 2.711558 Bergenfield .671589 New Brunswick .081702 North Brunswick .00State Average 1.16

New Mexico1168 Clovis 3.061687 Belen 3.65State Average 3.35

New York1 Buffalo .9529 Babylon 1.4095 Rensselaer .29153 Spring Valley .00167 Albany .35212 Albany .12256 Watervliet .71292 East Syracuse .00318 Hornell .54377 Salamanca .05394 Albany .78645 Babylon 2.52722 Babylon 1.991007 Syracuse .001370 New York .841393 Buffalo .421440 Staten Island .591566 Buffalo .001582 Albany .211705 Valley City .001831 Babylon 3.541908 Buffalo .001951 Albany .081978 New York 1.09State Average .69

North Carolina782 Asheville 3.46783 Spencer .771011 Hamlet .341105 Wilmington 1.171106 Rocky Mount .721129 Raleigh 2.511166 Charlotte 1.021596 Charlotte 1.241715 Charlotte .37State Average 1.29

North Dakota525 Grand Forks 1.33887 Harvey .83980 Enderlin 4.111059 Minot 1.281137 Fargo 2.311344 Mandan 3.75State Average 2.27

Ohio2 Toledo .7914 Cincinnati .55138 Lima .94145 Columbus 3.51225 Bellevue 1.29284 Cleveland 3.74378 Cleveland 1.16421 Conneaut 1.44440 Sharonville .83

UTU Political Action Committee Donation Form24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333

“To have a strong union, you must have a voice in your local union, attendyour local union meetings, and support and contribute to your PAC fund. Hereat Local 854, all members (100 percent) contribute to the PAC fund. We teachour new members by example. I am a proud Platinum Club member. When Igreet a new member with an application to join, they also receive a PAC formwith information that all 854 members support our PAC.”- Ronnie R. Hobbs, Local 854 Legislative Rep.

Ronnie R. HobbsLocal 854

Tommy G. PateLocal 1081

Chris H. WilliamsLocal 1709

Kenneth L. FriendLocal 508

Ty E. DragooLocal 1503

Lawrence J. MozenaLocal 872

Ellis Lowen LairdLocal 113

Brian J. HageleLocal 234

Charles A. Ring Jr.Local 707

Jarrod A. HudsonLocal 453

496 Portsmouth .00586 Willard 1.35601 Crestline .64792 Cleveland .46860 Middleport .00991 Steubenville .741365 Youngstown .841376 Columbus 1.311397 Columbus 2.191529 Walbridge .951816 Toledo 1.891928 Toledo .241948 Youngstown .681962 Toledo 1.63State Average 1.18

Oklahoma770 Heavener .42894 Tulsa .871016 Enid 1.181042 Oklahoma City 4.691188 Oklahoma City 1.551289 Tulsa 1.41State Average 1.69

Oregon471 Eugene 2.68473 La Grande 2.011573 Klamath Falls 1.781574 Portland 1.461841 Klamath Falls 3.98State Average 2.38

Pennsylvania61 Philadelphia .83172 Darby .00300 Philadelphia 1.32309 Altoona .00340 Connellsville .31386 Reading .07498 Allentown .44596 Albion .00632 Altoona .00816 Harrisburg 1.02830 Harrisburg 1.03838 Philadelphia 2.201006 Brownsville .071074 Freeport .001373 Philadelphia 1.791374 New Castle 1.261375 Philadelphia .441379 Pittsburgh .751418 Conway .361594 Upper Darby .771628 Pittsburgh .86State Average .64

South Carolina407 Charleston .61793 Columbia 1.16931 Greenville 1.78942 Florence .18970 Abbeville 1.061814 Spartanburg .65State Average .91

South Dakota13 Huron .32233 Aberdeen .26375 Edgemont .65State Average .41

Tennessee338 Chattanooga .57339 Jackson 3.37750 Knoxville 1.35753 Memphis .42974 Nashville .631162 Erwin .721301 Knoxville .181308 Bruceton/Hollow 1.021314 Etowah .001345 Knoxville .101346 Nashville .111420 Memphis .441557 Memphis .571703 Knoxville .00State Average .68

Texas9 Slaton 3.2511 Houston .6718 El Paso .8920 Beaumont .68243 Fort Worth 1.34293 Houston 1.04331 Temple 1.73439 Tyler 2.61489 San Antonio 3.02508 Smithville 16.00513 Gainesville 2.31524 Palestine 2.09564 Cleburne .77569 Ennis 3.09594 Mineola 3.04756 San Antonio 2.17773 Galveston 3.67818 Fort Worth .63821 Del Rio 4.89

823 Big Spring .40857 San Antonio 1.92878 Greenville .84923 Dalhart .75937 Mart 3.55940 Wichita Falls 2.54949 Sherman .15953 Victoria 3.49965 Dallas 1.451092 Teague 2.381205 Kingsville .861313 Amarillo 2.871524 Houston .511571 El Paso 3.321593 Brownwood 3.061670 Laredo 2.181886 Houston 1.891892 Houston .741904 Houston 3.791918 El Paso .771957 Silsbee 7.371974 Fort Worth 2.07State Average 2.46

Utah166 Salt Lake City 6.60238 Ogden 2.881294 Milford 2.891366 Salt Lake City 1.411554 Ogden 5.55State Average 3.87

Virginia48 Norfolk .79363 Roanoke .45623 Clifton Forge 2.19662 Richmond .14706 Roanoke .92769 Alexandria 1.87854 Portsmouth 23.68924 Richmond .73971 Crewe 2.301601 Appalachia .08State Average 3.32

Washington117 Vancouver 3.27161 Seattle .07324 Seattle 1.81426 Spokane 1.65556 Tacoma 2.51845 Seattle 1.85855 Spokane 1.89977 Pasco .941238 Vancouver .741348 Centralia 1.881505 Spokane 2.071637 Wishram 1.271713 Everett .841977 Seattle .54State Average 1.52

West Virginia118 Hinton .06504 Wheeling .22605 Grafton 1.67655 Bluefield .00915 Handley 2.031062 Huntington .141172 Mullens .001327 Peach Creek .151386 Parkersburg .001869 Williamson 1.61State Average .59

Wisconsin281 Milwaukee 4.69311 La Crosse 3.94312 Madison 7.69322 Milwaukee 4.45581 Green Bay 2.27582 Stevens Point 1.73583 Fond du Lac 4.31590 Portage 2.51832 Superior 4.721293 Altoona .81State Average 3.71

Wyoming446 Cheyenne 3.04465 Gillette 1.73866 Rawlins 1.76951 Sheridan 3.311279 Greybull 4.251280 Casper 1.491857 Green River 4.66State Average 2.89

Local Amount

Arizona 7.29Michigan 4.61Nevada 4.39Utah 3.87Nebraska 3.80Montana 3.71Wisconsin 3.71Kansas 3.47New Mexico 3.35Virginia 3.32Indiana 3.17Iowa 2.94Wyoming 2.89Illinois 2.84Minnesota 2.70Idaho 2.68Missouri 2.61Arkansas 2.60Texas 2.46Colorado 2.40Oregon 2.38North Dakota 2.27Delaware 2.12District of Columbia 1.77Maryland 1.69Oklahoma 1.69California 1.68Florida 1.60Washington 1.52North Carolina 1.29Louisiana 1.27Connecticut 1.18New England states 1.18Ohio 1.18New Jersey 1.16Alaska 1.04Georgia .98South Carolina .91Alabama .85Kentucky .74New York .69Tennessee .68Mississippi .66Pennsylvania .64West Virginia .59South Dakota .41

How does yourstate stack up?(Average UTU PAC contributions permember, per month)

(Average UTU PAC contributions per member per month)

Local City Amount

854 Portsmouth, Va. 23.68Ronnie R. Hobbs, Legislative Rep.

1081 Glendale, Ariz. 17.58Tommy G. Pate, Legislative Rep.

1709 Pontiac, Mich. 17.22Christopher H. Williams, Legislative Rep.

508 Smithville, Texas 16.00Kenneth L. Friend, Legislative Rep.

234 Bloomington, Ill. 13.18Brian J. Hagele, Legislative Rep.

707 Marysville, Kan. 11.55Charles A. Ring Jr., Legislative Rep.

453 Clinton, Ill. 10.08Jarrod A. Hudson, Legislative Rep.

1503 Marysville, Kan. 9.84Ty E. Dragoo, Legislative Rep.

872 Omaha, Neb. 8.93Lawrence J. Mozena, Legislative Rep.

113 Winslow, Ariz. 8.67Ellis Lowen Laird, Legislative Rep..

If You Want a Say…Give a Dollar a Day..



News and information for our retirees andmembers of the SMART TD Alumni Association

Are you getting close to retirement? you can get the Td news & other benefits for just $9 a year!Call 216-228-9400, email [email protected] or visit www.smart-union.org/td/alumni for info.

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

Following are the names of recently deceased members who maintained annual membership in the SMART TDAlumni Association, according to reports received at SMART TD headquarters. These brothers and sisters will bemissed by their many friends and by fellow SMART TD Alumni Association members.

Local Name City/State Local Name City/State

2 Morrison, Leonard J. Russellville, Ala.�226 Clawson, Richard M. Moberly, Mo.�243 Beaver, Gary P. Sherman, Texas�292 Drumm, Robert W. Ilion, N.Y.�313 Bowne Sr., Donald B.Grand Rapids, Mich.�386 Fair, Richard B. York, Pa.�577 Knox, Gerald L. Belvidere, Ill.�630 Ward, James E. Ashland, Ky.710 Adedeji, Olumuyiwa Elizabethport, N.J.�744 Thorne, John W. Lima, Ohio�792 Barnett, Harold E. Cambridge, Ohio�830 Fuhrman, James D. Dauphin, Pa.830 Hysong II, Donald F. Frackville, Pa.845 Clark, Billy J. Waurika, Okla.�903 Weathers Jr., William E. Jacksonville, Fla.�

911 Potvin, Richard J. Minneapolis, Minn.�1000 Dickson, Carl J. Anoka, Minn.1315 Denham, Harry B. Erlanger, Ky.�1413 Kiernan, Matthew R. Gambrills, Md.1440 Olivo, David Ozone Park, N.Y.1470 Moore, John E. Lecanto, Fla.�1505 Stark, Ronald E. Pasco, Wash.�1678 Cooper, James Shreveport, La.�1975 Smith, Daniel W. Rineyville, Ky.

RAIL RETIREMENT BOARD NEWS ROUNDUPCPI increase bringsa boost in benefits

Most Railroad Retirementannuities, like Social Securi-ty benefits, will increase inJanuary due to a rise in theConsumer Price Index (CPI)from the third quarter of2017 to the correspondingperiod of the current year.

Cost-of-living increasesare calculated in both theTier I and Tier II benefitsincluded in a RailroadRetirement annuity. Tier Ibenefits, like Social Securitybenefits, will increase by 2.8percent, which is the per-centage of the CPI rise. TierII benefits will go up by 0.9percent, which is 32.5 per-cent of the CPI increase.Vested dual benefit pay-ments and supplementalannuities also paid by theRailroad Retirement Board(RRB) are not adjusted forthe CPI change.

In January, the averageregular Railroad Retirementemployee annuity willincrease $60 a month to$2,808, and the average ofcombined benefits for anemployee and spouse willincrease $86 a month to$4,078. For those aged wid-ow(er)s eligible for anincrease, the average annu-ity will increase $34 a monthto $1,398. However, wid-ow(er)s whose annuities are

being paid under the Rail-road Retirement and Sur-vivors’ Improvement Act of2001 will not receive annualcost-of-living adjustmentsuntil their annuity amount isexceeded by the amountthat would have been paidunder prior law. Some 52percent of the widow(er)s onthe RRB’s rolls are beingpaid under the 2001 law.

If a Railroad Retirement orsurvivor annuitant alsoreceives a Social Security orother government benefit,such as a public servicepension, the increased Tier Ibenefit is reduced by theincreased government ben-efit. Tier II cost-of-livingincreases are not reducedby increases in other gov-ernment benefits. If a wid-ow(er) whose annuity isbeing paid under the 2001law is also entitled to anincreased government ben-efit, her or his railroad retire-ment survivor annuity maydecrease.

However, the total amountof the combined RailroadRetirement widow(er)’sannuity and other govern-ment benefits will not beless than the total payablebefore the cost-of-livingincrease and any increasein Medicare premium deduc-tions.

The cost-of-living increase

follows a Tier 1 increase of 2 percent in January 2018,which had been the largestin six years.

In late December the RRBwill mail notices to all annui-tants providing a breakdownof the annuity rates payableto them in January.Sequestration cutssome RRB benefits

The U.S. Railroad Retire-ment Board (RRB) willreduce railroad unemploy-ment and sickness insur-ance benefits by 6.2 percentas required by law.

The adjusted reductionamount is based on revisedprojections of benefit claimsand payments under theRailroad UnemploymentInsurance Act. It will remainin effect through Sept. 30,2019, the end of the fiscalyear. Reductions in futurefiscal years, should theyoccur, will be calculatedbased on applicable law.

The daily benefit rate is

$77, so the 6.2 percentreduction in railroad unem-ployment and sickness ben-efits will reduce the maxi-mum amount payable in atwo-week period with 10days of unemployment from$770 to $722.26.

Certain railroad sicknessbenefits are also subject toregular Tier I RailroadRetirement taxes, resultingin a further reduction of 7.65percent. Applying the 6.2percent reduction to thesesickness benefits will resultin a maximum two-weektotal of $667.01.

These reductions arerequired under the BudgetControl Act of 2011 and asubsequent sequestrationorder to implement the man-dated cuts. The lawexempts Social Securitybenefits, as well as RailroadRetirement, survivor anddisability benefits paid bythe RRB from sequestration.

When sequestration firsttook effect in March 2013,railroad unemployment andsickness benefits were sub-ject to a 9.2 percent reduc-tion. This amount was thenadjusted to 7.2 percent inOctober 2013, 7.3 percent inOctober 2014, 6.8 percent inOctober 2015, 6.9 percent inOctober 2016, and 6.6 per-cent in October 2017 asrequired by law.

In fiscal year 2017, theRRB paid net unemploy-ment-sickness benefits ofalmost $105.4 million toapproximately 28,000claimants.Retirees can earnmore, avoid penalty

Railroad retirement annui-tants subject to earningsrestrictions can earn more in2019 without having theirbenefits reduced as a resultof increases in earnings lim-its indexed to averagenational wage increases.

Like Social Security bene-fits, some Railroad Retire-ment benefit payments aresubject to deductions if anannuitant’s earnings exceedcertain exempt amounts.These earnings restrictionsapply to those who have notattained full Social Securityretirement age. For employ-ee and spouse annuitants,full retirement age rangesfrom age 65 for those bornbefore 1938 to age 67 forthose born in 1960 or later.For survivor annuitants, fullretirement age ranges fromage 65 for those born before1940 to age 67 for thoseborn in 1962 or later.

For those under full retire-ment age throughout 2019,the exempt earnings amountrises to $17,640 from

Continued on Page 9

The August online & September 2018 issues of the SMARTTransportation Division News incorrectly listed AlumniAssociation member Irvin S. Tongret of Uhrichsville, Ohio,(Local 1928) as deceased. Brother Tongret advises friends that heis alive and well. SMART Transportation Division News regretsthis error and apologizes to Tongret and his family for the mistake.

ORC&B historyThis month, SMARTTD takes a look backat one of our prede-cessor unions, theOrder of Railway Con-ductors and Brake-men (ORC&B) as wecelebrate the union's150 year anniversary. Formed in 1868 as the “Conductor’s Brother-hood,” by T.J. “Tommie” Wright and a small bandof Illinois Central conductors in Amboy, Ill., theORC&B was the second-oldest railway union inthe United States.The first international convention of the Conduc-tor's Brotherhood was held later that year inColumbus, Ohio, and the Brotherhood adoptedthe name, “Order of Railway Conductors of Amer-ica.” This name was changed to the Order ofRailway Conductors and Brakemen in 1954,about 15 years before it merged into the UTU.


November 2018 SMART TD News Page 9

SUMMARY ANNUAL REPORT FOR THE SMART GROUP VSTD PLAN AND

TRUST

This is a summary of the annual report for the SMARTGROUP VSTD PLAN AND TRUST, (Employer IdentificationNo. 34-1031303, Plan No. 506) for the period January 1, 2017,to December 31, 2017. The annual report has been filed withthe Employee Benefits Security Administration, as requiredunder the Employee Retirement Income Security Act of 1974(ERISA).

BASIC FINANCIAL STATEMENTThe value of plan assets, after subtracting liabilities of theplan, was $7,939,637 as of December 31, 2017, compared to$5,215,314 as of January 1, 2017. During the plan year, theplan experienced an increase in its net assets of $2,724,323.This increase includes unrealized appreciation or depreciationin the value of plan assets; that is, the difference between thevalue of the plan's assets at the end of the year and the valueof the assets at the beginning of the year, or the cost of assetsacquired during the year. During the plan year, the plan hadtotal income of $19,767,920. This income included employeecontributions of $18,065,164 and earnings from investmentsof $1,049,514. Plan expenses were $17,043,597.These expenses included $2,163,323 in administrative ex-penses and $14,880,274 in benefits paid to participants andbeneficiaries.

YOUR RIGHTS TO ADDITIONAL INFORMATIONYou have the right to receive a copy of the full annual report,or any part thereof, on request. The items listed below are in-cluded in that report:1. An accountant's report;2. Assets held for investment;3. Transactions in excess of 5 percent of the plan assets; and4. Insurance information including sales commissions paid byinsurance carriers.

To obtain a copy of the full annual report, or any part thereof,write or call the office of the Plan Sponsor:SMARTPlan Sponsor1750 New York Avenue, Suite 600Washington, DC 2000634-1031303 (Employer Identification Number)216-228-9400

You also have the right to receive from the plan administrator,on request and at no charge, a statement of the assets and lia-bilities of the plan and accompanying notes, or a statement ofincome and expenses of the plan and accompanying notes, orboth. If you request a copy of the full annual report from theplan administrator, these two statements and accompanyingnotes will be included as part of that report. These portions ofthe report are furnished without charge.

You also have the legally protected right to examine the an-nual report at the main office of the plan:SMART1750 New York Avenue, Suite 600Washington, DC 20006

and at the U.S. Department of Labor in Washington, D.C., orto obtain a copy from the U.S. Department of Labor upon pay-ment of copying costs. Requests to the Department should beaddressed to: U.S. Department of Labor, Employee BenefitsSecurity Administration, Public Disclosure Room, 200Constitution Avenue, NW, Suite N-1513, Washington, D.C.20210.

SUMMARY ANNUAL REPORT OF THE SMART DISCIPLINE

INCOME PROTECTION PROGRAM

This is a summary of the annual report of the SMART Discipline Income Protection Program,EIN: 34-1031303, for the period January 1, 2017, through December 31, 2017. The annual re-port has been filed with the Employee Benefits Security Administration as required under theEmployee Retirement Income Security Act of 1974 (ERISA).

BASIC FINANCIAL STATEMENT

The value of plan assets, after subtracting liabilities of the plan, was $-3,222,553 as of Decem-ber 31, 2017, compared to $-2,395,869 as of December 31, 2016. During the plan year, the planexperienced a decrease in net assets of $826,684. This decrease includes unrealized appreciationand depreciation in the value of the plan assets at the beginning of the year of the cost of assetsacquired during the year. During the plan year, the plan had a total income of $14,597,480 in-cluding participant contributions of $14,064,097 and earnings from investments of $533,383.Plan expenses were $15,424,164. These expenses included $1,192,562 in administrative ex-penses and $14,231,602 in benefits paid to participants and beneficiaries.

YOUR RIGHTS TO ADDITIONAL INFORMATION

You have the right to receive a copy of the full annual report, or any part thereof, on request.The items listed below are included in that report:

1. An accountant’s report;2. Financial information and information on payments to service providers, and3. Assets held for investment.

To obtain a copy of the full annual report, or any part thereof, write or call the Discipline IncomeProtection Program, SMART Transportation Division, 24950 Country Club Blvd, Suite 340,North Olmsted, OH 44070-5333; telephone 216-228-9400. The charge to cover copying costs willbe $13.00 for the full annual report or $0.50 per page for any part thereof.

You also have the right to receive, on request and at no charge, a statement of the assets and li-abilities of the plan and accompanying notes, or a statement of income and expenses of the planand accompanying notes, or both. If you request a copy of the full annual report, these twostatements and accompanying notes will be included as part of that report. The charges to covercopying costs shown above does not include a charge for the copying of these portions of the re-port because these portions are furnished without charge.

State Watch continued...

$17,040 in 2018. For benefi-ciaries attaining full retire-ment age in 2019, theexempt earnings amount,for the months before themonth full retirement age isattained, increases to$46,920 in 2019 from$45,360 in 2018.

For those under full retire-ment age, the earningsdeduction is $1 in benefitsfor every $2 of earningsover the exempt amount.For those attaining fullretirement age in 2019, thededuction is $1 for every $3of earnings over the exemptamount in the monthsbefore the month full retire-ment age is attained.

When applicable, theseearnings deductions areassessed on the Tier I andvested dual benefit portionsof Railroad Retirementemployee and spouse annu-ities, and the Tier I, Tier II,and vested dual benefit por-tions of survivor benefits.

All earnings received forservices rendered, plus anynet earnings from self-employment, are consideredwhen assessing deductionsfor earnings. Interest, divi-dends, certain rental incomeor income from stocks,bonds or other investmentsare not considered earnings.

Part B premium to be raised $1.50

The Centers for Medicare& Medicaid Services (CMS)announced that the stan-dard monthly Part B premi-um will be $135.50 in 2019,a slight increase from $134in 2018. However, someMedicare beneficiaries willpay slightly less. By law,Part B premiums for currentenrollees cannot increaseby more than the amount ofthe cost-of-living adjust-ment for Social Security(Railroad Retirement Tier I)benefits.

Since that adjustment is2.8 percent in 2019, about 2 million Medicare benefici-aries will see an increase intheir Part B premiums butwill still pay less than$135.50. The standard pre-mium amount also willapply to new enrollees inthe program, and certainbeneficiaries will continueto pay higher premiumsbased on their modifiedadjusted gross income.

The monthly premiumsthat include income-relatedadjustments for 2019 willrange from $189.60 up to$460.50, depending on theextent to which an individ-ual beneficiary’s modifiedadjusted gross incomeexceeds $85,000 (or

$170,000 for a marriedcouple). The highest rateapplies to beneficiarieswhose incomes exceed$500,000 (or $750,000 fora married couple). TheCMS estimates that about5 percent of Medicare ben-eficiaries pay the largerincome-adjusted premiums.

Beneficiaries in MedicarePart D prescription drugcoverage plans pay premi-ums that vary from plan-to-plan. Part D beneficiarieswhose modified adjustedgross income exceeds thesame income thresholdsthat apply to Part B premi-ums also pay a monthlyadjustment amount. In2019, the adjustmentamount ranges from $12.40to $77.40.

The Railroad RetirementBoard withholds Part B pre-miums from benefit pay-ments it processes. Theagency can also withholdPart C and D premiumsfrom benefit payments if anindividual submits arequest to his or her Part Cor D insurance plan.

Additional informationabout Medicare coverage,including specific benefitsand deductibles, can befound at www.medicare.gov.

Continued from

Rail Retirement Board news roundup

Members of the SMART TD team who took part in the second annuallabor/legislative gun shoot were, from left, State Legislative Director F. JaySeegmiller, state Rep. Craig Hall (R - Dist. 33), state Rep. Robert Spendlove(R - Dist. 49) and Local Chairperson Wade Wilde (LCA - 953D).

Utah

www.smarttdmerchandise.com


Page 10 November 2018 SMART TD News

TO SHOW YOUR UNION PRIDE.THE

Are you proud to be a member of SMART Transportation Division?Would you like to show everyone else just how proud you are? Visit the SMART Transportation Division website at www.smart-union.org/td and click on the “Gear” tile to order official SMARTTD apparel and memorabilia.The SMART TD items at the revampedwww.smarttdmerchandise.com site are sold through American Prod-ucts and are union-made and/or are made in America. All items carry a 100 percent quality guarantee against defects in mate-rials and workmanship.Volume discounts on customized orders are available to SMARTTD locals. All of the featured items can be ordered by credit card directlythrough www.smarttdmerchandise.com, or call American Prod-ucts’ toll-free telephone number: 800-272-5120.

Bumper sticker

Lapel pin

2019 railroad paid holiday schedule

Rail employees working under thenational agreement between SMARTTransportation Division and theNational Carriers’ Conference Com-mittee will receive 11 paid holidays in2019:

new year’s day, Tuesday, Jan. 1•Presidents day, Monday, Feb. 18•good Friday, Friday, April 19•Memorial day, Monday, May 27•independence day, Thursday,•July 4 labor day, Monday, Sept. 2•Thanksgiving day, Thursday,•Nov. 28day after Thanksgiving, Friday,•Nov. 29Christmas eve, Tuesday, •Dec. 24Christmas day, Wednesday, •Dec. 25new year’s eve, Tuesday, •Dec. 31

Happy Holidays!

SOURCE

NEW ITEMS AND A NEW WEBSITE

‘Minibus’ appropriations bill Trump signedprovides funding to the RRB and NMB

Funding levels thatwere in effect for the2018 fiscal year for boththe National MediationBoard (NMB) and for theRailroad RetirementBoard (RRB) are toremain steady for the2019 fiscal year in the“minibus” budget bill thatwas signed by PresidentDonald Trump.

The RRB will receive$123.5 million — $113.5million will go to admin-istrative costs with the$10 million balancefunding RRB’s initiativeto improve its informa-tion technology struc-ture.

“Based on the last costestimate provided by theRRB, with this fundinglevel, the agency willhave received nearlyhalf of the total cost ofits IT overhaul,” NationalLegislative DirectorJohn risch said.

Funding also heldsteady for the NMB,which provides dispute-resolution processesbetween rail unions and

carriers through media-tion, representation andarbitration between laborand management.

The board last fiscalyear received a boost inits funding to $13.8 mil-lion in part to help itwork through a numberof pending Section 3cases. That funding levelstays, although not allthose Section 3 casesstuck in the NMB’s back-log were heard — theboard made a moveover the summer toclose about 450 casesthat were unfunded,more than three yearsold and had notadvanced.

Those cases could bereopened if a partyinvolved in the aged-outcases writes a letter tothe NMB’s director ofarbitration services.

NMB had about 6,400cases to deal with in the2019 fiscal year at theend of October and hadworked through an esti-mated 6,422 cases inthe 2018 fiscal year.

FisCAlyeAr

Pending at Fy’s start

Pending at Fy’s end

Closed cases in Fy

2010 4,037 2,770 5,684

2011 2,770 2,384 4,294

2012 2,384 2,084 3,869

2013 2,084 4,328 4,332

2014 3,577 4,944 2,946

2015 5,133 6,240 2,702

2016 6,240 7,432 3,562

2017 7,455 8,546 3,057

2018 8,550* 6,408* 6,422*

Pending/closed Section 3 cases

* Estimates from National Mediation BoardSOURCE: NMB data

Logo watch


November 2018 SMART TD News Page 11

NTSB: UP track inspection failings caused2017 derailment of ethanol tankers in Iowa

The National TransportationSafety Board (NTSB) on Oct.30 ruled that flaws in UnionPacific’s approach to inspect-ing, maintaining and repairingdefects on the EsthervilleSubdivision helped to causea March 2017 derailment thatresulted in multiple tank carsspilling undenatured ethanolin Graettinger, Iowa.

A rail near a transition ontoa bridge broke, causing 20tank cars to derail in the acci-dent that happened at 12:50a.m. local time March 10,2017. Fourteen of the tankcars spilled 322,000 gallonsof ethanol, causing a fire thatburned for more than 36hours. Three nearby homeswere evacuated after theaccident, which caused anestimated $4 million in dam-age, including the destructionof 400 feet of track and a152-foot railroad bridge.

During the NTSB hearing,board member JenniferHomendy said she made a

review of a decade’s worth ofaccident data for UP and thenumbers showed one thing incommon.

“Every year, track defectsare the chief cause of acci-dents with UP,” she said.

Along Estherville’s 79-milestretch, Homendy said that102 defects of “marginal” and“poor” crossties were identi-fied over a two-year periodfrom 2015-17.

After the carrier receivedthe reports of rail or crosstiedefects, chief accidentinspector Michael Hiller saidUP didn’t take enough stepsto fix problems before theaccident.

“The inspectors were goingout and they were doing theirinspections, and they werereporting the conditions of thetie,” Hiller said. “In many cas-es – more than 100, as mem-ber Homendy pointed out –there were remediationefforts, and it’s clear, basedon our observations post-

accident, that the remediationefforts restored the track backto its minimum condition thatit needed to sustain traffic.

“We’re looking to see thatthings are not just restoredback to the minimum…weknow that doesn’t work. Ifyou’re finding 10 or 12crossties in a 39-foot sectionof track that are defective, it’snot a good practice to go inand replace two or three justto restore the track.”

Also contributing to theaccident was what NTSBdescribed as “inadequateoversight” on the part of theFederal Railroad Administra-tion (FRA).

While FRA inspectorsraised the carrier’s attentionto track defects — the agencyhad just initiated a compli-ance agreement in late 2016as a result of a fiery oil trainderailment in Mosier, Ore. —and some action was taken,

Hiller said not all enforcementmeasures, such as civilpenalties, were used.

NTSB investigators alsonoted that FRA inspectorsneglected to report somedefective crosstie conditions.

After the Graettinger acci-dent, Hiller said that the carri-er has shown “very goodresponse” to reports of tiedefects and maintenance andhas performed twice-weeklyinspections on the subdivi-sion in a post-accident agree-ment with FRA.

However, the NTSB didnote that there was one weekwhere the carrier inspectedthe subdivision only once.

“The extent of post-accidentactions, while welcome, hintsat the inadequacy of UP’spre-accident maintenanceand inspection program,”NTSB Chairman RobertSumwalt said. “The railroad issupposed to look for and fixunsafe conditions as a matterof course.”

Investigators survey the March 2017 derailment of a Union Pacific train carryingundenatured ethanol in Graettinger, Iowa in this photo courtesy the NationalTransportation Safety Board’s Flickr account.

talking about today,” Cahill said.“Nobody talked about the first timethat you hit a car at a grade crossingor strike a trespasser that’s on thetracks.”

Those incidents, Cahill said, alwayshave dual victims — the person orpeople who were struck and thetrain’s operating crew.

“I’ve been pretty lucky – some peo-ple have a trespasser injury or fatalityevery year,” Cahill said.

Factors such as the location of theoperator’s route and the time of dayplay roles in the frequency of tres-passer and grade crossing incidents,but the biggest factor is a distractedpublic, Cahill said.

The usage of personal electronicshas decreased situational awarenessof trains by pedestrians to “dangerouslevels,” he said. If a pedestrian is onor near tracks and distracted, the riskof an accident increases, especially ifthey’re wearing headphones or ear-buds or looking at their smartphone.

“You’d be surprised by the numberof incidents where a survivor wouldsay they never saw or heard theapproaching train,” Cahill said.Trauma for crew

Cahill described to attendees twotypical types of incidents that traincrews experience – a person is struckand killed instantly or a person orpeople are struck and then are inneed of immediate medical attention.

“In either case, after the train stops,it’s the conductor who is required towalk back to the carnage and do whathe can to assist the injured and sepa-rate the train to open the road cross-

ing for emergency responders’ vehi-cles,” he said.

It’s a 50-50 proposition whether theresponders arrive on the side wherethe victim is, if they don’t, then treat-ment could end up being delayed anda life could be lost.

Separating a train to accommodatethe emergency vehicles is always atwo-person operation, Cahill said,because handbrakes must be appliedto multiple cars by the conductorwhile the engineer remains in the cabto move the locomotive forward tomake room for emergency vehicles.

Cahill made special mention thatany reduction of a train’s crew to few-er than two people would likelyreduce the survival rate of victims oftrespasser-grade crossing incidents.

It also falls to the conductor, whousually sees the incident, to give firstaid and to direct first responders.

After the incident, Cahill said, theengineer often will second guesswhether the brakes were applied in atimely manner and whether the whis-tle was sounded in time or for a longenough period. While critical incidentprograms are offered by carriers togive people time off to recover andget counseling, the post-traumaticstress is difficult to overcome.

“It’s not always that easy,” Cahillsaid. “We take this home to our wives,to our mothers, to our children. Some-times it’s hard for them to understandwhy we can’t just shake it off.”

He told the audience that he’s seensituations where over-the-road work-ers have been traumatized to thepoint where they will change to yardservice to avoid going out on theroad.

Cahill said that there tends to be anuptick of incidences in the fall and theholiday seasons.

The days getting shorter reducesvisibility, depression may be setting inwith some people with the approachof the holidays and winter.

“The suicides are the absoluteworst for us because it’s generally notsomeone who sprints out at the lastsecond and decides to take their lifethat way,” Cahill said.

He said often the person is alreadyon the track, perhaps around a bend,awaiting the train.

“I’ve heard it too many times wherethe last thing the train crew sees orremembers is that person either look-ing up as the train approaches themor looking back as the train overtakesthem,” Cahill said. “It’s very difficult forthe train crew. There’s little you cando in those situations.

“It can take up to a mile for us tostop, and even if it doesn’t take thatlong, the damage is done as soon aswe strike the person. It’s traumatic.

“We get back up and we go on andwe continue out there. We just hopethat we never have another one.”What can be done?

Cahill presented a list of solutionsendorsed by SMART TD to reducethe number of grade crossing andtrespasser fatalities.

“We’re front line on this issue.SMART Transportation Division iscommitted to working with all thestakeholders to reduce crossing andtrespassing fatalities,” Cahill said. “Wewant to be a part of identifying theseareas and making sure that we’redoing everything we can to address

and fix these incidents one by one tomake things safer for the public andthe train crews.”

Among them:• More supplemental safety measures

such as four quadrant gates thatclose the entire crossing so carscannot bypass the gates, even inpoorly constructed intersections.

• Use more channelization devices,such as concrete medians, to keepvehicles from crossing over to drivearound gates.

• Install stationary horns at crossingsthat are pointed at motorists, anoption that is louder and morefocused in getting a driver’s atten-tion.

• Grade separations so that roads andtracks do not intersect are the bestway to prevent crossing accidents,Cahill said. “It’s a money issue, butthere’s nothing better than puttingthe motoring public above or belowthe railroad tracks,” he said.

• Install more fencing, especiallyaround rail yards and stations.

• Permanently close as many gradecrossings as possible.The major factor is increasing public

awareness, Cahill said. All gradecrossing and trespasser fatalities arepreventable, but he said that often thelast thing that people are thinkingabout when they approach a railroadtrack is that there is a 20,000-tonfreight train bearing down on them.

“It is critically important to educatethe public on their obligations andhow to stay safe when they’re aroundtrain tracks, rail yards and otherplaces where they may be tempted totrespass on the railroad,” he said.

Continued from Page 1

Cahill addresses FRA conference about trespasser and grade crossing fatalities


Page 12 November 2018 SMART TD News

Photo ofthe month

SMART Transportation Divi-sion is always looking for goodphotos and your picture canbe featured on this page as aPhoto of the Month.SMART TD seeks photo-

graphs or digital images ofwork-related scenes, such asrailroad, bus or mass transitoperations, new equipmentphotos, scenic shots, activi-ties of your local or photos ofyour brothers and sisterskeeping America rolling.Printed photographs should

be mailed to SMART TD,24950 Country Club Blvd.,Suite 340, North Olmsted,OH 44070-5333.High-resolution digital photo-

graphs should be in JPEG formatand emailed to [email protected]. We prefer horizontalphotos.With each photograph,

please include your name andSMART local number, thenames of the persons in thephoto (left to right), where thephoto was taken, and otherpertinent information.All photographs submitted

become property of SMART.Remember to review your

employer’s policies regardinguse of cameras on the proper-ty or during work hours.

Ronald Tynes, a retired NStrainman/brakeman out ofLocal 584 (Meridian, Miss.)and a SMART TD AlumniAssociation member, tookthis picture of an Alaska Rail-road (ARR) locomotive dur-ing an excursion trip on thatcarrier’s passenger line inMay.

Transportation Division policy concerning fees objectors1. Any person covered by a UTU, now SMART, union shop or anagency shop agreement in the United States who elects to be a non-member has the legal right to object to political and ideological ex-penditures not related to collective bargaining, contractadministration, or other activities germane to collective bargaining.Each non-member who objects shall pay reduced fees. In the publicsector, non-members can elect to pay their fair share of the costs ofcollective bargaining by paying the agency fees, or they have the rightto pay no fees.

To the extent permitted by law, a non-member cannot partici-pate in union elections as a voter or as a candidate; attendunion meetings; serve as delegate to the convention or partici-pate in the selection of such delegates; or participate in theprocess by which collective bargaining agreements are rati-fied.2. Notification of objection procedures:a. To be a non-member fee objector and pay reduced fees, the ob-jecting non-members shall provide notice of objection by notifying thePresident, Transportation Division of the objection by first-class mailpostmarked during the month of September preceding the calendaryear to which s/he objects, or within thirty (30) days after he/she firstbegins paying fees and receives notice of these procedures. The ob-jection shall contain the objector’s current home address. Once anon-member objects, the objection shall stand until revoked. Objec-tions may only be made by individual employees. No petition objec-tions will be honored. b. A non-member in the public sector: To be a non-member fee ob-jector and pay no fees, the objecting non-member shall provide no-tice of objection by notifying the President, Transportation Division ofthe objection by first-class mail during the period agreed to in his/herAuthorization for Fee Deduction form, if applicable. The objectionshall contain the objector’s current home address. Once a non-mem-ber objects, the objection shall stand until revoked. Objections mayonly be made by individual employees. No petition objections will behonored. Anyone who believes they are having dues improperly de-ducted must notify the President Transportation Division in writing im-mediately.3. The following categories of expenditures are chargeable: a. All expenses concerning the negotiation of agreements, practicesand working conditions; b. All expenses concerning the administration of agreements, prac-tices and working conditions, including grievance handling, all activi-ties related to arbitration, and discussion with employees in the craftor class (or bargaining unit) or employer representatives regardingworking conditions, benefits and contract rights; c. Convention expenses and other union internal governance andmanagement expenses;d. Social activities and union business meeting expenses; e. Publication expenses to the extent coverage is related to charge-able activities; f. Litigation expenses related to contract administration, collectivebargaining rights, and internal governance; g. Expenses for legislative and administrative agency activities to ef-fectuate collective bargaining agreements; h. All expenses for the education and training of officers and staff in-tended to prepare the participants to better perform chargeable activ-ities; i. All strike fund expenditures and other costs of economic action,e.g., demonstrations, general strike activity, informational picketing,etc., that benefit members of the bargaining unit or craft formerly rep-resented by UTU, now SMART.4. SMART shall retain a certified public accountant to perform an in-

dependent audit of the records of the Transportation Division andsubordinate units maintained by the President, Transportation Divi-sion. The Transportation Division shall designate an analyst for thepurpose of determining the percentage of expenditures that fall withinthe categories specified in Section 3. The amount of the expendituresthat fall within Section 3 shall be the basis for calculating the reducedfees that must be paid by the objector. The analyst shall also give anopinion concerning the adequacy of the escrow amounts maintainedpursuant to Section 17, and later will verify the existence and theamounts of money in any escrow accounts.5. The analyst shall complete the report no later than August 31. Thisreport shall include an analysis of the major categories of union ex-penses that are chargeable and non-chargeable.6. Each person entitled to receive the analyst’s report may challengethe validity of the calculations made by the analyst by filing an appealwith the President, Transportation Division. Such appeal must bemade by sending a letter to the President, Transportation Divisionpostmarked no later than thirty (30) days after issuance of the ana-lyst’s report. 7. After the close of the appeals period, the President, TransportationDivision shall provide a list of appellants to the American ArbitrationAssociation (AAA). All appeals shall be consolidated. The AAA shallappoint an arbitrator from a special panel maintained by the AAA forthe purpose of these arbitrations. The AAA shall inform the President,Transportation Division and the appellant(s) of the arbitrator selected. 8. The arbitration shall commence by October 1 or as soon thereafter

as the AAA can schedule the arbitration. The arbitrator shall havecontrol over all procedural matters affecting the arbitration in order tofulfill the need for an informed and expeditious arbitration.9. Each party to the arbitration shall bear their own costs. The appel-lants shall have the option of paying a pro-rata portion of the arbitra-tor’s fees and expenses. The balance of such fees and expenses shallbe paid by the Transportation Division.10. A court reporter shall make a transcript of all proceedings beforethe arbitrator. This transcript shall be the official record of the pro-ceedings and may be purchased by the appellants. If appellants donot purchase a copy of the transcript, a copy shall be available for in-spection at the Transportation Division during normal business hours.11. Appellants may, at their expense, be represented by counsel orother representative of choice. Appellants need not appear at thehearing and shall be permitted to file written statements with the arbi-trator instead of appearing. Such statement shall be filed no later thanfifteen (15) days after the transcript becomes available, but in no casemore than thirty (30) days after the hearing closes.12. Fourteen (14) days prior to the start of the first hearing, appellantsshall be provided with a list of all exhibits intended to be introduced atthe hearing and a list of all witnesses intended to be called, except forexhibits and witnesses that may be introduced for rebuttal. On writtenrequest from an appellant, copies of exhibits (or in the case of volumi-nous exhibits, summaries thereof) shall be provided to them. Addi-tionally, copies of exhibits shall be available for inspection andcopying at the hearing.13. The Transportation Division shall have the burden of establishingthat the reduced fees set forth in the analyst’s report are lawful. 14. If the arbitrator shall determine that more than one day of hear-ings is necessary, hearings shall be scheduled to continue from dayto day until completed. The parties to the appeal shall have the rightto file a brief within fifteen (15) days after the transcript of the hearingis available, but in no case more than thirty (30) days after the hearingcloses. The arbitrator shall issue a decision within forty-five (45) daysafter the submission of post-hearing briefs or within such other rea-sonable period as is consistent with the rules established by the AAA. 15. The arbitrator shall give full consideration to the legal require-ments limiting the amounts that objectors may be charged, and shallset forth in the decision the legal and arithmetic basis for such deci-sion. 16. If an objector receiving an advance reduction wishes to continuethe objection, he/she shall continue to pay the reduced fees thathe/she is currently paying until the analyst issues the report. As soonas possible after the issuance of the analyst’s report, he/she shall paythe amount of the reduced fees calculated by the analyst. Personsobjecting for the first time shall be sent a copy of the report preparedby the analyst for the previous year and shall pay the reduced fees assoon as possible.17. Each month thereafter for all objectors, an amount shall be put inan interest-bearing escrow account equal to 25 percent of the re-duced monthly fees, or such other greater amount as the analyst mayrecommend. All objectors from the previous year shall be paid theamount of non-chargeable money that is in the escrow account asdetermined by the analyst’s report as soon as practicable after its is-suance. The appropriate unit of the Transportation Division shall not,however, take its portion of the monies in the escrow account until fif-teen (15) days after the conclusion of the period within which an ob-jector may appeal the report of the analyst, or upon the issuance ofthe decision of the arbitrator, whichever is later.18. When the decision of the arbitrator is announced the monies re-maining in the escrow account shall be distributed in accordance withthe decision.

Percentage of chargeable fees determined by analyst for calendar year 2017

Transportation Division 81 percent

State Legislative BoardsLO 005 California1 72.6 percentLO 028 Missouri2 66.2 percentLO 054 Washington3 34.5 percentUnreviewed boards4 0.0 percent

General Committees of Adjustment, including localsunder jurisdiction

GO 001 BNSF5 100 percentGO 851 CSXT6 95.5 percentGO 927 Union Pacific7 98.8 percentUnreviewed committees8 99.6 percent

1 Calculated by applying the lowest of previous reviews of the applicable legisla-tive board providing the board has had eight or more reviews.2 Calculated based on Second and Third Quarter reports.3 Calculated based on Third and Fourth Quarter reports.4 Unreviewed state legislative boards will have a 0 percent chargeable percent-age applied to new objectors.5 Calculated based on First, Second, and Fourth Quarter reports.6 Calculated based on First, Second, Third, and Fourth Quarter reports.7 Calculated based on First, Second, and Third Quarter reports.8 Unreviewed general committees will have the historical average of chargeablepercentages of audited general committees, which is 99.6 percent, applied to anynew objectors.

Transportation Division News · 2019-01-04 · Tom Cahill, local chair- person of LCA-049 (CSXT -...

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Transcript of Transportation Division News · 2019-01-04 · Tom Cahill, local chair- person of LCA-049 (CSXT -...