REGULAR CONVENTION - Brotherhood of Railroad Signalmen
Transcription
REGULAR CONVENTION - Brotherhood of Railroad Signalmen
Brotherhood of Railroad Signalmen REGULAR CONVENTION July 14 – 18, 2014 • LAS VEGAS, NEVADA Brotherhood of Railroad Signalmen — 2010 Officers’ Report 1 PRESIDENT PRESIDENT EMERITUS SECRETARY-TREASURER W. Dan Pickett C.J. Chamberlain Jerry C. Boles VICE PRESIDENTS Floyd E. Mason Joe L. Mattingly Dennis M. Boston Kelly A. Haley Mark J. Ciurej John D. Bragg TRUSTEES DIRECTOR OF RESEARCH Mike K. Owens R. Gus Demott William L. Duncan Mike S. Baldwin GRAND LODGE REPRESENTATIVES Jim M. Finnegan Tim M. Tarrant NATIONAL LEGISLATIVE DIRECTOR Leonard Parker, Jr. RETIRED OFFICERS W.A. Class, Jr. M.B. Frye W.B. Harwell, Jr. W.W. Lauer W.A. Radziewicz W.R. Saar, Jr. V. Van Artsdalen B.M. Wilson George E. Jones Charlie A. McGraw Kim T. Poole W.H. Little RETIRED REPRESENTATIVE W. DAN PICKETT Welcome to the 51st Regular Convention of the Brotherhood of Railroad Signalmen. We welcome your participation in one of our Brotherhood’s oldest and most cherished traditions, as the Brotherhood enters its 113th year of service to our members. This is the seventh Regular Convention that we have held in Las Vegas, Nevada, with the first convening here at the 38th Regular Convention in 1970. Over the last four years, our organization has faced many challenges: the ever-evolving technology of railroad signaling, the Congressionally mandated installation of Positive Train Control, the assault on our collective bargaining agreements by so-called “railroad policies;” the future of Signalmen Certification is still undetermined, just to name a few. However, our members have always been adaptive to technological and other changes that face our craft. We are proud to lead this organization, and we commend our members for making our nation’s railroad network the safest mode of transportation in the country. As our members strive to maintain that high standard, it is important to remember that the purpose of our organization is to promote the interests and general welfare of our members; to provide methods for relief of sickness and distress; to instill the principles of trade unionism and unity, so that members may secure the recognition of rights to which they are justly entitled; to advance and elevate the profession of railroad signaling; to educate our members so that their happiness, prosperity, and general well-being may be enhanced; to perpetuate our organization on the basis of truth, justice, and brotherly love. Our move from the Chicago area to Washington, D.C., President JERRY C. BOLES in 2004, has placed our organization in a much better position of responding to assaults on our jobs and benefits, such as when Congressman Paul Ryan introduced a budget in 2012, which passed the Republican-controlled House, that sought to reduce our members’ Railroad Retirement benefits. Thankfully, due to our educational efforts, and with the help of all Rail Labor and our friends in the Senate, the Senate refused to approve those changes. This attack on our benefits is a reminder that we must remain constantly vigilant to ensure that our members are well represented when laws, regulations, retirement system changes, safety matters, and even governmental budgets are discussed and decided in Washington, D.C. Each officer and delegate to this Convention is charged with the serious responsibility of determining the direction of the Brotherhood. We are confident that this Convention, through the democratic practice of open discussion and careful deliberation, will make decisions in the best interest of your Brother and Sister Signalmen and the Organization as a whole. This Convention also provides an important opportunity for Signalmen to renew old acquaintances and forge new friendships. These ties reflect the common bond and spirit that has always bound Signalmen together in the endeavor to achieve collectively the things that we are unable to achieve individually. We are certain that the spirit of brotherhood, unity, and harmony will prevail during this important week as we continue to advance the proud heritage of the Brotherhood of Railroad Signalmen. Secretary-Treasurer FLOYD E. MASON Vice President JOE L. MATTINGLY Vice President DENNIS M. BOSTON Vice President MARK J. CIUREJ Vice President KELLY A. HALEY Vice President JOHN D. BRAGG Vice President LEONARD PARKER, JR. MICHAEL S. BALDWIN National Legislative Director of Research Director 2 Brotherhood of Railroad Signalmen — 2014 Officers’ Report JIM M. FINNEGAN Grand Lodge Representative TIM M. TARRANT Grand Lodge Representative TABLE OF CONTENTS President’s Report ........................................................ 4 Transportation Trades Department ................................ 9 Report of the Grand Executive Council ...................... 10 Report of the Grand Board of Trustees ....................... 14 Financial Report .......................................................... 17 Vice Presidents’ Activities .......................................... 24 FELA Directory........................................................... 49 Official Publications .................................................... 50 BRS Conventions 1908–2014 ..................................... 52 Grand Lodge Headquarters ......................................... 53 BRS Membership 2010–2014 ....................................................................................... 57 In Memoriam ................................................................................................................ 58 Railroad Retirement Board ........................................................................................... 60 Agreement Status .......................................................................................................... 64 National Railroad Adjustment Board ............................................................................ 66 Special Boards of Adjustment ....................................................................................... 68 National Railroad Adjustment Board — Case Handling Status ................................... 69 Minor Disputes ............................................................................................................. 80 Resolutions — 2010 Convention .................................................................................. 82 Union Plus ..................................................................................................................... 82 Legal Aid Program ........................................................................................................ 83 National Legislation Report........................................................................................... 84 General Counsel’s Report ............................................................................................ 86 Federal Railroad Administration Report ....................................................................... 88 Signalmen’s Political League ........................................................................................ 93 MIKE K. OWENS Grand Board Trustee R. GUS DEMOTT Grand Board Trustee WILLIAM L. DUNCAN Grand Board Trustee Brotherhood of Railroad Signalmen — 2014 Officers’ Report 3 Regular Convention President’s Report The following report of the activities of the Brotherhood of Railroad Signalmen (BRS) Grand Lodge Officers is submitted in accordance with Article I, Section 86, of the Brotherhood’s Constitution: “Under the guidance and direction of the President and Secretary-Treasurer a full and complete printed report of the official acts of the Grand Lodge Officers shall be made at each regular Convention.” This report covers the period from April 1, 2010, through March 31, 2014, and will be supplemented by reports from the Grand Executive Council and Grand Board of Trustees. Grand Lodge Offices There have been three changes to Grand Lodge Officers, one change in office on the Grand Board of Trustees, and three changes in the position of Grand Lodge Representative since the previous Convention Report. President — The 2010 Convention reelected W. Dan Pickett to his fifth full term as President. Brother Pickett has been a BRS union officer for 40 years and began full-time service for the BRS when he was appointed Grand Lodge Representative in October 1980. Following a brief assignment at headquarters, he was assigned to Washington, D.C., as National Legislative Representative. Brother Pickett held that position until he was elected Vice President of the Southeast Region in 1985, then elected to the position of BRS President in 1992. Brother Pickett began his railroad career as a lineman’s helper for the Norfolk and Western Railway in July 1965. Secretary-Treasurer — The 2010 Convention reelected Walt Barrows to his third full term as SecretaryTreasurer. Brother Barrows was subsequently appointed as the Labor Member of the Railroad Retirement Board by President Obama and confirmed by the Senate in September 2011. Brother Barrows resigned at that time. Jerry Boles who was elected to his third full term as Vice President 4 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Headquarters at the 2010 Convention, was elected to fill the unexpired term of Brother Barrows on October 10, 2011. Brother Boles was assigned to Grand Lodge W. DAN PICKETT in August of 1997 President as a Grand Lodge Representative. In August of 1999, he was assigned to the position of Publications Editor. Beginning in 1981, Brother Boles served in the positions of Local Vice President, Local Recording-Financial Secretary, Local Chairman, and General Secretary-Treasurer. Vice President National Railroad Adjustment Board (NRAB) — The 2010 Convention elected Kelly Haley to his first full term in this office after the retirement of Brother Charlie McGraw. On October 10, 2011, John Bragg was elected to this position when it was vacated by Brother Haley. Brother Bragg held the position of Director of Research prior to his election. Vice President East — The 2010 Convention reelected Floyd Mason to his fifth full term as Vice President East. Brother Mason had previously served as Vice President at Grand Lodge and presently maintains an office in Denver, North Carolina. Vice President Midwest — The 2010 Convention reelected Joe Mattingly to his fourth full term as Vice President Midwest. Brother Mattingly served as Vice President of the Northeast prior to his election as Vice President Midwest. The Vice President Midwest is presently headquartered in Trenton, Kentucky. Vice President Commuter, Passenger, Transit/ Political Director — The 2010 Convention reelected Dennis Boston to his fourth full term as Vice President Commuter, Passenger, Transit/Political Director. Prior to his election as Vice President Commuter, Passenger, Transit/Political Director, Brother Boston served as the National Legislative Representative for the BRS in Washington, D.C. Brother Boston presently maintains an office in Centreville, Virginia. Vice President West — The 2010 Convention elected Mark Ciurej to his first full term as Vice President West following the retirement of Brother George Jones. Brother Ciurej held the position of Grand Lodge Representative prior to his successful election. Brother Ciurej currently maintains an office in Kansas City, Missouri. when John Bragg was elected to the position of Vice President — NRAB in October 2011. Brother Baldwin was appointed by President W. Dan Pickett to the position of Grand Lodge Representative in May 2010. He is currently assigned to Grand Lodge Headquarters in Front Royal, Virginia. Jim Finnegan was appointed to the position of Grand Lodge Representative in October 2010, and is currently assigned to Grand Lodge Headquarters in Front Royal, Virginia. Tim Tarrant was appointed to the position of Grand Lodge Representative in October 2011, and is currently assigned to Grand Lodge Headquarters in Front Royal, Virginia. Officers Emeritus — The Grand Executive Council acted in July 1992 to honor former President C.J. “Chuck” Chamberlain with the title of President Emeritus. Brother Vice President Headquarters — The 2010 Convention reelected Jerry Boles to his third full term as Vice President Headquarters. On October 10, 2011, Kelly Haley was elected to this position when it was vacated by Brother Boles. Brother Haley held the position of Vice President – NRAB prior to his election. Trustees — The 2010 Convention reelected Mike Owens, Kim Poole, and Gus Demott as Trustees. Brother Owens served as Chairman of the Grand Board of Trustees. Brother Poole served as Secretary of the Grand Board of Trustees, and Brother Demott was the third Trustee. As a result of the retirement of Brother Poole on December 12, 2013, Bill Duncan was elected to fill that unexpired term. Currently, Brother Owens serves as Chairman, Brother Demott serves as Secretary, and Brother Duncan serves as Member. Representatives — Leonard Parker, Jr., serves as National Legislative Director. Brother Parker was appointed in April of 1999 by President W. Dan Pickett, and he currently has an office in Washington, D.C. Mike Baldwin currently serves as Director of Research. Brother Baldwin was appointed to that position Brotherhood of Railroad Signalmen — 2014 Officers’ Report 5 Chamberlain served as President from 1967 to 1977, at which time he resigned to become the Labor Member on the Railroad Retirement Board. Brother Chamberlain served on the Railroad Retirement Board for 15 years, retiring May 31, 1992. Retired Officers — During this reporting period, George Jones, Charlie McGraw, and Kim Poole joined the ranks of retired Grand Lodge officers, which include Brothers C.J. Chamberlain; W.A. Class, Jr.; M.B. Frye; W.B. Harwell, Jr.; W.W. Lauer; W.A. Radziewicz; V.M. Speakman, Jr.; and Val Van Artsdalen. National Negotiations 2009 The last round of National Negotiations began in December 2009, and concluded with a decision from Presidential Emergency Board 243. The BRS joined with five other unions to form a coalition called the Rail Labor Bargaining Coalition (RLBC). As the President of the BRS, I oversee the negotiations of our National Agreement, and I also served as the Chair of the RLBC. For more detailed information on the last round of National Negotiations see the Grand Executive Council’s Report. Amtrak Negotiations Just prior to the 50th Regular Convention in July 2010, and after the Officers’ Report was finalized, the BRS and Amtrak held their first collective bargaining session in May 2010. In June 2012, the BRS and Amtrak entered into mediation after several unsuccessful attempts at bargaining a voluntary agreement. In September 2013, the parties entered into an agreedupon interest arbitration process in an attempt to reach agreement. The decision reached by the three-member board in the interest arbitration process followed both the freight pattern and what Amtrak had asserted as its pattern. For more detailed information on Amtrak Negotiations, see the Vice President Commuter, Passenger, Transit/Political Director’s Report. Safety Training — Hazardous Materials The BRS and eight other rail labor unions continue to 6 Brotherhood of Railroad Signalmen — 2014 Officers’ Report participate in a hazardous materials training program for railroad workers that educates BRS members and other rail employees how to recognize the dangers and know the proper response procedures when working around hazardous materials. This training program was done in conjunction with the National Labor College (NLC) until its closing in 2013. Since then, the International Brotherhood of Teamsters (IBT) has taken up the NLC’s role in order to continue the training. The Rail Worker Hazardous Materials Training Program is funded by federal grants through the federal government’s National Institute of Environmental Health Science, Department of Transportation, and Department of Energy. The objective of the training is to provide rail workers with the skills and knowledge necessary to protect their health, as well as the health of their coworkers and community. The program offers a Hazardous Materials Instructors Training – Train the Trainer Course, Chemical Emergency Response Training, Radiological Transportation Training, as well as other training. These training courses are presented over five-day and six-day periods and the program covers travel expenses, meals, and offers stipends for most rail workers to attend. Courses are presented in Houston, Texas, and other various locations throughout the United States. The BRS actively supports this program through letters of endorsement for grant applications and by having a BRS representative on the program’s Advisory Board. Since 1990, the Rail Workers Hazardous Materials Training Program has provided training to over 30,000 rail workers from the nine cooperating rail unions. Railroad Retirement Board Representing the BRS, as well as those labor groups that participate in Railroad Retirement, I serve as Chair for those groups dealing with Railroad Retirement Board (RRB) issues. This year the RRB will observe the 79th Anniversary of the enactment of the Railroad Retirement Act of 1935. In addition to paying retirement and survivor benefits to railroad employees and their families, subsequent legislation also authorized the payment of unemployment and sickness benefits to rail workers. The National Railroad Retirement Investment Trust (Trust) was established by the Railroad Retirement and Survivors’ Improvement Act of 2001. The sole purpose of the Trust is to manage and invest Railroad Retirement assets. The Trust is a tax-exempt entity independent from the federal government. As of September 30, 2013, trust-managed assets and RRB assets held in reserve totaled almost $26 billion. The RRB, which is headed by a three-member board appointed by the President and confirmed by the Senate, is an independent agency in the executive branch of the federal government. The current members of the Board are Chairman Michael S. Schwartz, Management Member Jerome F. Kever, and Labor Member Walter A. Barrows. Brother Barrows served the Brotherhood of Railroad Signalmen as Secretary-Treasurer from 1999 to 2011, when he was appointed to serve as Labor Member. Barrows is the fourth BRS member to assume this important post, following in the footsteps of V.M. Speakman, Jr., C.J. Chamberlain, and A.E. Lyon. The RRB, which is headquartered in Chicago, Illinois, maintains a network of 53 field offices across the country to serve the needs of railroad employees. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 7 Affiliations Committee, representing railroad management, and the CRLO, representing 13 major labor organizations. The CRLO functions as the negotiating body for the participating labor organizations in all national negotiations relating to health and welfare benefit issues and I serve as Vice Chair of this body. The AFL-CIO represents 12.5 million members, including 3 million members in its community affiliate, Working America. The AFL-CIO was created in 1955 by the merger of the American Federation of Labor and the Congress of Industrial Organizations. Grand Lodge Headquarters The BRS continues to be an active participant in the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). The AFL-CIO is a voluntary federation of 56 national and international labor unions. Richard L. Trumka was re-elected as President of the AFL-CIO in 2013, at the Federation’s 27th Convention in Los Angeles, California. On the same day, Elizabeth “Liz” Shuler was reelected SecretaryTreasurer of the AFL-CIO, and Tefere Gebre was elected to the post of Executive Vice President. Within the AFL-CIO is the Transportation Trades Department (TTD), which was founded in April 1990, and is an umbrella organization of the AFLCIO. I serve on the TTD Executive and Financial Committees. TTD represents the interests of several million aviation, rail, transit, trucking, highway, and ship workers before Congress, the Executive Branch, and independent government agencies. Through TTD, the working men and women who are represented by the Department’s 32 affiliated unions have a strong, united voice in Washington, D.C. Within the TTD is a sub-group called the Rail Labor Division (RLD) and I also serve as the Chair of this division. The RLD, of which BRS is a very active member, focuses TTD resources on issues that are of specific interest to railroad employees. The Rail Labor Division of the TTD consists of nine other railroad unions. The Cooperating Railway Labor Organizations (CRLO) was created in 1991 to ensure that railroad employees have a strong voice in establishing and maintaining their health and welfare benefits. The National Health and Welfare Plan, a collectively bargained plan, is administered by the Joint Plan Committee, which consists of the National Carriers’ Conference 8 Brotherhood of Railroad Signalmen — 2014 Officers’ Report The Grand Lodge of the Brotherhood of Railroad Signalmen is located at 917 Shenandoah Shores Road in Front Royal, Virginia, and it serves as the Brotherhood’s headquarters. The headquarters was relocated to Virginia, from Mount Prospect, Illinois, in December of 2004. This relocation has saved the union tens of thousands of dollars each year in reduced travel expenses and property taxes. Additional activities and developments during this reporting period are outlined in greater detail in other sections of this report. This report reflects the Brotherhood’s continued active involvement and participation in the wide variety of activities and issues involving Signalmen. The report also reflects the continued commitment to providing BRS members with effective, progressive representation in keeping with our 113-year tradition of the Brotherhood of Railroad Signalmen. Regular Convention Transportation Trades Department During this reporting period, the Transportation Trades Department, AFL-CIO (TTD), Rail Labor Division remained a vital tool for BRS members. The Rail Labor Division consists of eleven labor organizations with membership in the freight and passenger rail sector. The Rail Labor Division was created to promote collective action and cooperation among rail unions in the policy arena. Today, it is the main coordinating body for rail policy and legislation within the labor movement. The Transportation Trades Department of the AFL-CIO represents the interests of several million A bold voice for transportation workers workers in the aviation, maritime, rail, transit, trucking, highway, and related industries. The TTD is the transportation policy and legislative arm of its parent organization, the National AFL-CIO, which represents more than nine million workers in the United States. Ed Wytkind is the President of the Transportation Trades Department and Larry Willis is the SecretaryTreasurer of the Transportation Trades Department. Organizations currently affiliated with the Transportation Trades Department: (Rail Labor Division members are denoted by bold type) • • • • • • • • • • • • • • • • • • Air Line Pilots Association Amalgamated Transit Union American Federation of Government Employees American Federation of State, County and Municipal Employees American Federation of Teachers American Train Dispatchers Association Association of Flight Attendants-CWA Brotherhood of Railroad Signalmen Communications Workers of America International Association of Fire Fighters International Association of Machinists and Aerospace Workers International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers International Brotherhood of Electrical Workers International Longshoremen’s Association International Organization of Masters, Mates & Pilots International Union of Operating Engineers Laborers’ International Union of North America Marine Engineers’ Beneficial Association • National Air Traffic Controllers Association • National Association of Letter Carriers • National Conference of Firemen & Oilers, SEIU (NCFO/SEIU) • National Federation of Public and Private Employees • Office and Professional Employees International Union • Professional Aviation Safety Specialists • Sailors’ Union of the Pacific • Sheet Metal, Air, Rail and Transportation Workers • Transportation Communications International Union • Transport Workers Union of America • UNITE HERE! • United Mine Workers of America • United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union • United Transportation Union-SMART WEBSITE: TTD.org TWITTER: @TTDAFLCIO Brotherhood of Railroad Signalmen — 2014 Officers’ Report 9 Regular Convention Report of the Grand Executive Council In accordance with Article I, Section 66, of the Brotherhood’s Constitution, this segment of the Officers’ Report will outline the official activities of the Grand Executive Council (GEC) for the period of January 1, 2010, to March 31, 2014. The GEC, which consists of the President, SecretaryTreasurer, and six Vice Presidents, held eight regular meetings and six special meetings during this reporting period. The schedule of meetings from this reporting period is outlined in another section of the Officers’ Report. Each regular meeting of the GEC follows an agenda with 25 to 30 items that are reviewed, discussed, and acted on as needed. Some agenda items, such as Grand Lodge finances, claims handling, legislative issues and negotiations, are included on the agenda for each meeting. Other items, including legal matters, training, railroad mergers, and safety issues, are added to the agenda in accordance with ongoing activities. At the beginning of this reporting period, much of the GEC’s attention was focused on preparations for the 2010 Convention. The Convention was held July 26–30, 2010, in Orlando, Florida. Throughout this reporting period, the GEC worked on safety initiatives involving federal regulatory protection for employees who work on or about railroad tracks, and provisions on the use of signal technology and testing procedures for new technology. Monitoring of the employee on-track safety issue continued throughout the past four years and the results are much better during this reporting period than the last. We are pleased to report that no fatal roadway 10 Brotherhood of Railroad Signalmen — 2014 Officers’ Report worker accident has occurred to any BRS member during this reporting period. Rail Safety Advisory Committee A major development in 1996 was the FRA’s establishment of a Rail Safety Advisory Committee (RSAC), comprised of representatives from rail labor, management, and the railroad equipment supply industry, to make recommendations regarding railroad safety issues. The BRS has been an active member of the RSAC from the outset and continues to have a leading role in RSAC activities. During this reporting period, the Organization continued to work not only on unfinished RSAC tasks that were initiated prior to 2010 but also on several new tasks. Some of the more notable RSAC tasks initiated after the 2010 reporting period that have an impact on signalmen are: Minimum Training Standards, Dark Territory, Electronic Device Distraction, Fatigue Management Plans, and Risk Reduction. National Negotiations The last round of National Negotiations began in December 2009. The BRS joined with five other unions to form a coalition called the Rail Labor Bargaining Coalition (RLBC), with President Pickett serving as Chairman. The RLBC was comprised of the following railroad unions: Brotherhood of Railroad Signalmen; Brotherhood of Locomotive Engineers and Trainmen (BLET-IBT); Brotherhood of Maintenance of Way Employes Division (BMWED-IBT); National Conference of Firemen and Oilers (SEIU); Sheet Metal Workers’ International Association (SMWIA); and International Brotherhood of Boilermakers (IBB). International Union; American Train Dispatchers Association; International Association of Machinists and Aerospace Workers; International Brotherhood of Electrical Workers; and Transport Workers Union. After negotiations moved into its second year, with virtually no tangible progress toward a settlement, the RLBC applied for mediation services with the National Mediation Board (NMB). The NMB responded by appointing Senior Mediator Terri Brown to the case on January 12, 2011. The PEB ended its fact-finding investigation on November 5, 2011, and the White House released the PEB’s report the same day. While not labeling the UTU Agreement a “pattern,” PEB 243’s recommendations were obviously influenced by that breakaway settlement. On the downside, the PEB report included healthcare cost shifting to the employees that was phased in and eventually increased until it matched the employee cost shifting contained in the UTU Agreement. On the upside, the PEB recommended a General Wage Increase package that was more generous than the wage package found in the UTU Agreement, even outpacing the projected inflation rate. The compounded General Wage Increase provided in the National Agreement added more than 20% to member wages over the term. In separate negotiations, three months later, the United Transportation Union (UTU) reached a tentative agreement with the National Carriers’ Conference Committee (NCCC), which was subsequently ratified by their rank and file. Afterwards, the NCCC declared that the UTU Agreement established a pattern that the rest of rail labor must follow to reach any voluntary agreement. The RLBC and the other Rail Labor Unions rejected the UTU Agreement as a pattern and chose not to follow suit. The rest of Rail Labor believed that the UTU had given up too much in the way of health and welfare benefits and employee contributions, and the general wage increases were too low given the rail carriers’ financial successes since the last round of bargaining. Subsequent mediated negotiating sessions only reinforced that the parties were at an impasse, and the NMB subsequently released the affected Labor Organizations from mediation on September 6, 2011. Under provisions of the Railway Labor Act, this triggered a 30-day cooling off period. As expected, and before either side could engage in self-help, President Obama established Presidential Emergency Board (PEB) 243 to help resolve the stalemate. He appointed five members to PEB 243 on October 6, 2011, with instructions to investigate and make non-binding recommendations in the dispute between the 11 Rail Labor Unions and the NCCC. The 11 Rail Labor Unions included the RLBC unions and the Coalition of Rail Unions, which was comprised of the Transportation-Communications Hearings were subsequently held in Washington, D.C., on October 13–20, 2011. During the hearings, the Brotherhood of Railroad Signalmen, the 10 other rail unions, and the NCCC made comprehensive presentations to the PEB covering wages, work rules, and health and welfare. To address the BRS’s responsibility differential that the Organization was seeking for maintenance employees, PEB 243 recommended a “non-binding study and fact-finding designed to focus upon the job responsibilities of a Signal Maintenance employee and Signal Installer.” On November 17, 2011, after nearly two years of negotiations, the NCCC and the BRS reached a voluntary tentative six-year agreement, based on the PEB recommendations. While we recognize that the agreement contained phased-in healthcare cost shifting to the employee, it provided six general wage increases applied on July 1 of each year 2010–2014 and on January 1 of 2015, of 2.0%, 2.5%, 4.3%, 3.0%, 3.8%, and 3.0%, respectively. The first two general wage increases resulted in retroactive back pay. In general, members received retroactive wages and an additional lump sum totaling about $3,000 or more. Over the period, the base Signalman’s rate changed from $25.10 to $30.14 per hour, which equates to a 20.08% increase in wages. In addition, the tentative agreement contained no work rule changes. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 11 That tentative agreement, which was unanimously endorsed by the BRS Negotiating Committee and unanimously ratified by the affected General Chairmen, was overwhelmingly approved by a membership vote on February 2, 2012. Amtrak Negotiations During this reporting period, our National Railroad Passenger Corporation (Amtrak) members had been seeking a fair contract since November 1, 2009, when the Organization filed its Section 6 notice. The BRS is a member of the Passenger Rail Labor Bargaining Coalition (PRLBC), which consists of the BRS and the Brotherhood of Maintenance of Way Employes (BMWED). To complicate this round of bargaining, the BRS and the BMWED are the only organizations that have yet to enter into an agreement with Amtrak. The other Unions have agreed to terms that were inferior to the package found in the National Agreement. Our position has always been that BRS members employed by Amtrak should get no less than what is included in the national package. After almost four years with no progress, in September 2013, the PRLBC finalized an agreement with Amtrak to arbitrate and settle the contract dispute as provided in Sections 7 and 8 of the Railway Labor Act. This arbitration agreement provided for a three-person panel that met to hear arguments and review evidence from the parties and then determine which of the two patterns that BRS- and BMWED-represented Amtrak employees will fall under: the current Amtrak pattern established by other organizations or the National Agreement pattern. The hearings were held for seven days in January 2014. Amtrak members can expect their new contract to be in place on or before April 1, 2014. Under the terms of the arbitration agreement, the neutrals’ decision is not subject to appeal or membership ratification. Organizing There was organizing activity during this period; 21 new members employed by the Madison Terminal Railway; 5 new members employed by the Chicago, Fort Wayne and Eastern Railroad; and 5 new members employed by Summit Signal, Inc. had to establish their first collective bargaining agreement and all are members of Local 236. 12 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Additionally, when Transit America Services, Inc. (TASI) assumed the responsibilities for the operation of Caltrain after Amtrak lost that contract, it voluntarily recognized the BRS as the bargaining representative of the Signal Department Employees (22 members) who were previously employed by Amtrak. These members continue to belong to Local 153, represented by the Union Pacific General Committee. Job Responsibility Study The last round of collective bargaining, at which the BRS requested that signal maintenance employees be compensated at a higher rate because of the huge responsibility incumbent with those positions, concluded with the appointment of Presidential Emergency Board (PEB) 243. The PEB recommendation stated that the Maintenance Employee Differential issue “be sent back to the parties for a single non-binding study and fact-finding designed to focus upon the job responsibilities of a Signal Maintenance employee and a Signal Installer.” PEB 243 published its final report on November 5, 2011. In May of 2012, the BRS began meeting with the NCCC, which represents five Class I railroads, as well as many other smaller railroad properties that are part of national bargaining. • The Job Responsibility Study Committee held its first meeting on May 31, 2012, to begin the process of establishing the Committee’s operating procedures that would be followed throughout the entire study. • There were numerous document exchanges and conference calls leading up to the Committee’s second meeting on December 7, 2012, at which time the Committee’s operating procedures document was finalized. • The Job Responsibility Study Committee held its first field visit on April 10–11, 2013, in the Atlanta, Georgia, area — a CSX Transportation property. • The Job Responsibility Study Committee held its second field visit on September 25–26, 2013, in the St. Louis, Missouri, area — a Union Pacific property. The field visits included interviews with a variety of signal craft personnel and visits to signal locations in the field, all of which helped the Committee to have an understanding of the responsibility of signal maintenance employees. These meetings are ongoing and the facts gathered from these meetings will be used as necessary in the next round of collective bargaining. Rail Safety Improvement Act Changes to the industry imposed by the Rail Safety Improvement Act of 2008 are still significantly impacting our craft and many of these changes are still pending full implementation. Positive Train Control (PTC) has been at the forefront during this reporting period, but other changes include improvements to the Hours of Service Laws, and significant improvements to the Grade Crossing Safety Regulations. A more detailed analysis of these changes can be found in the Federal Railroad Administration Report later in this Officers’ Report. PTC installation has significantly increased our membership numbers during this reporting period. Some carriers negotiated contracting agreements; a few are using their current workforce; two Class I carriers chose to negotiate a helper’s agreement to facilitate the huge, federally mandated project. There has been an ongoing push from the carriers, since the Rail Safety Improvement Act of 2008 became law, to postpone the current December 31, 2015, PTC implementation deadline for a variety of reasons. The BRS has consistently held that PTC will save lives and the deadline is realistic if the carriers commit the resources. BRS Website In the third quarter of 2011, the BRS website, www.brs.org, was redesigned. This redesign included a members-only login area and free “brs.org” email accounts for all BRS members, active and retired. You can find more details in the Official Publications Report. Grand Lodge Offices changes in the Grand Executive Council. The 2010 Convention reelected Dan Pickett to his fifth full term as President; Walt Barrows was reelected to his third full term as Secretary-Treasurer; Kelly Haley was elected to his first full term as Vice President NRAB, to replace the retiring Charlie McGraw; Floyd Mason was reelected to his fifth full term as Vice President East; Joe Mattingly was reelected to his fourth full term as Vice President Midwest; Dennis Boston was reelected to his fourth full term as Vice President Commuter, Passenger, Transit/Political Director; Mark Ciurej was elected to his first full term as Vice President West, to replace the retiring George Jones; and Jerry Boles was elected to his third full term as Vice President Headquarters. Secretary-Treasurer Walt A. Barrows resigned his position on September 30, 2011, due to his appointment as Labor Member on the Railroad Retirement Board. Subsequently, President Pickett, convened the Grand Executive Council and the General Chairmen on October 10, 2011, to hold an election to fill the vacancy, as provided under Article I, Section 33, of the Constitution. That election resulted in Jerry Boles being elected to fill the term of SecretaryTreasurer; Kelly Haley elected to fill the term of Vice President Headquarters, vacated by Jerry Boles; and John Bragg elected to fill the term of Vice President NRAB, vacated by Kelly Haley. Federal Employers’ Liability Act Throughout this reporting period, the GEC monitored activities under the Federal Employers’ Liability Act (FELA). The BRS publishes a list of designated counsel in The Signalman’s Journal and on the BRS website. The Grand Executive Council continuously monitors this list to ensure that those listed maintain the highest of standards. BRS members are encouraged to provide information regarding FELA cases, including criticism or commendations regarding the service of designated counsel. During this reporting period, there were some Brotherhood of Railroad Signalmen — 2014 Officers’ Report 13 Regular Convention Report of the Grand Board of Trustees In accordance with the provisions of Article I, Section 78, of the BRS Constitution, the Grand Board of Trustees submits the following report covering its activities from the conclusion of the 2010 Convention through April 2014. Grand Board Trustee CHAIRMAN Mike Owens Following the election of the Grand Board of Trustees at the 2010 Convention in Orlando, Florida, the Board immediately convened, in accordance with Article I, Section 68, of the BRS Constitution, and elected M.K. Owens, Chairman; K.T. Poole, Secretary; and R.G. Demott, Board Member. In November of 2013, Board Secretary K.T. Poole announced his retirement. Grand Board Trustee Due to the retirement of SECRETARY Brother Poole, the BRS Gus Demott President, in accordance with Article I, Section 35, of the BRS Constitution, convened the Grand Executive Council and the General Chairmen to hold an interim election for the vacant Grand Board of Trustees position. On December 12, 2013, by a majority vote of those assembled, Brother W.L. Duncan, General Grand Board Trustee MEMBER Chairman of the Northeast William Duncan General Committee, was elected to fill the vacant position on the Grand Board of Trustees. Following the election of Brother Duncan, and in accordance with the BRS Constitution, Article I, Section 68, the Board immediately convened and elected M.K. Owens as 14 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Chairman, R.G. Demott as Secretary, and W.L. Duncan as Member. As required by Article I, Section 68, of the BRS Constitution, the Chairman of the Grand Board of Trustees caused the records of the BRS SecretaryTreasurer to be audited each year by a certified public accountant. The firm Geissler & Associates has performed those audits. Reports of the audits are on file; copies of the annual audit and quarterly financial reports have been issued in accordance with the Constitution. At the 2010 BRS Convention, Walt Barrows was reelected as BRS Secretary-Treasurer. The following year, Brother Barrows was appointed to the position of Labor Member at the Railroad Retirement Board. Subsequently, Brother Barrows submitted his resignation to the BRS President effective September 30, 2011. As per Article I, Section 34, of the BRS Constitution, the Chairman of the Grand Board of Trustees caused the books and accounts of the Secretary-Treasurer be audited by a firm of certified public accountants. The special audit, dated September 30, 2011, was conducted by the firm Geissler & Associates. In accordance with Article 1, Section 33, of the BRS Constitution, the BRS President convened the Grand Executive Council and the General Chairmen, which by a majority vote elected J.C. Boles as BRS SecretaryTreasurer. In June of 2010, the Board approved converting some of the cash assets into railroad stocks. At that time, the Brotherhood’s railroad investments were expanded to include the Canadian Pacific. As a result, the Brotherhood’s railroad holdings are in the UP, NS, CN, CP, KCS, CSX, and the BNSF through BerkshireHathaway stock. In March of 2012, the Board approved the purchase of a Xerox WorkCentre 7775 to replace the older copier at the headquarters. In October of 2012, the Board approved the installation of security cameras at the BRS headquarters in response to a break-in. In December of 2012, the Board approved new carpet and paint for BRS headquarters. The Brotherhood has operated out of the Front Royal headquarters since December 2004. The carpet and paint has taken some wear since then and needed to be replaced in order to maintain a clean, professional appearance that can serve the members well. In April of 2013, the Board approved the creation of a temporary office position at the headquarters, specifically, to scan numerous paper documents which take up valuable physical space. The scanned documents become more accessible to the Grand Lodge and staff because they are searchable by computer. The Board also approved the purchase of a production class scanner for the project. In April of 2013, the Board initiated and approved the Adoption of General Fund Investment guidelines. The Board and the Secretary-Treasurer have invested the funds of the Brotherhood with a conservative, union outlook and those investments have provided a moderate, relatively secure, income stream that meets our guidelines and principles as a Labor Organization. Fortunately, membership levels have been steady and investment returns have been good. However, that income is in a constant struggle against expenditures over which we have limited or no control. This includes such items as transportation, lodging, and staff health care. Further, legal, contractual, and political fights continue to test our resolve and our finances. The Board’s view is that the management of our finances must be both effective and conservative. In order to survive as an organization, we must manage our current, positive financial position in a manner that will help us to withstand possible leaner times such as those we have known in the past. The Trustees are available to discuss any issue pertaining to the financial matters of the Brotherhood and welcome earnest suggestions from any member to help provide for a more efficient operation of the Brotherhood. The Board wishes to note the invaluable service of Brother K.T. Poole. His efforts and dedication on this Board and to the Brotherhood are greatly appreciated and remembered. The Grand Board of Trustees considers it a true distinction to serve the members of this Brotherhood and we express our sincere thanks to the Grand Lodge Officers and office staff for their assistance and cooperation. It has been a genuine honor to serve in positions of such responsibility. We hope our efforts have exceeded the members’ expectations and contributed to making this a better Union. Following the 2010 BRS Convention, the official meetings of the Grand Board of Trustees were as follows: December 6-92010 June 6-92011 December 5-82011 August 5-82012 December10-14 2012 29-312013 July December10-13 2013 March 24-262014 10-112014 April GENERAL FUND FYTotal Ending Income Expenses Net Income Capital 6-30-09 — —— 3,647,718.67 6-30-10 4,841,979.32 4,428,496.03 413,483.29 4,061,201.96 6-30-11 5,006,621.04 4,945,657.89 60,963.15 4,122,165.11 6-30-12 5,298,304.43 4,719,472.89 578,831.54 4,700,996.65 6-30-13 5,801,843.14 4,673,011.911,128,831.23 5,829,827.88* 2,182,109.21 (2010-2013) *Increase in net income of $2,182,109.21 equals the increase in total capital. CONTINGENT FUND FYContingent Ending Increase DecreaseFund 6-30-09— —3,469,792.49 6-30-1073,056.11 6-30-11 — — 3,542,848.60 (50,968.40)3,491,880.20 6-30-1279,941.33 — 3,571,821.53 6-30-1381,955.13 — ** 3,653,776.66 234,952.57 (50,968.40) The contingent fund from 2009-2013 has grown from $3,469,792.49 to $3,653,776.66 for an increase of $183,984.17. ** COMBINED FUND FY Ending Combined Funds 6-30-09 Total increase of General Fund 2010-2013 Total increase of Contingent Fund 7,117,511.16 2,182,109.21 183,984.17 6-30-13 2,366,093.38 9,483,604.54 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 15 Regular Convention Financial Report This report covers a period of four years, beginning April 1, 2010, through March 31, 2014. Financial Audit Article I, Section 68, of the Constitution directs the Chairman of the Grand Board of Trustees to cause the records of the Secretary-Treasurer to be audited annually by a firm of certified public accountants. The Constitution also requires that a copy of the audit be forwarded to the Recording Secretary of each Local Lodge. The records of the Secretary-Treasurer have been audited in each of the last four fiscal years by certified public accountants from the firm Geissler and Associates. The fiscal year for Grand Lodge is from July 1 of one year to June 30 of the following year. Copies of the audit reports have been furnished to each Local Lodge and General Committee. Summaries of those reports have also been published in “The Signalman’s Journal” to provide all members with information regarding the financial condition of Grand Lodge. Financial Report Statements Financial Statements Numbers 1 through 7 on the following pages reflect all financial transactions for the four-year period beginning April 1, 2010. The reporting period closed March 31, 2014, in accordance with customary practice to allow time for preparation and printing of this report. Statement Number 1 lists total income to and disbursements from the General Fund and Contingent Fund for the four-year reporting period. This statement provides a ready reference for tracking changes in the funds since the last Convention report. All General Fund transactions for the reporting period are reflected in Statement Number 2. Statement Number 6 categorizes the travel expenses incurred by individual Grand Lodge officers and representatives during the four-year period. All Contingent Fund transactions for the reporting period are reflected in Statement Number 5. Statement Number 7 is the schedule of wages currently paid to Grand Lodge officers and representatives. 16 Brotherhood of Railroad Signalmen — 2014 Officers’ Report General Fund The information in Statement Number 2 indicates that the General Fund incurred a net gain of $2,340,725.76 for the four-year reporting period and when combined with the Contingent Fund resulted in a net gain of $2,532,473.04 for the four-year reporting period in the total funds of Grand Lodge. By contrast, the General Fund as of March 31, 2010, had incurred a net gain of $1,299,851.77, and combined funds had a gain of $1,499,985.91. The General Fund has two major sources of income. The investment income is explained under the Investment Income heading. The primary source of regular income (93.8%) for the General Fund is the per capita tax paid by members. Obviously, this income is directly related to the number of Signalmen working for employers at any given time. Your attention is directed to the membership section of this Officers’ Report. The chart found in that section shows our membership increased by 1,377 active full-dues members. Every increase of 100 members raises our income $54,120.00 annually. The gain of 1,377 members translates into an annual income of $745,232 in per capita tax. Contingent Fund Statement Number 5 indicates the Contingent Fund incurred a net income of $191,747.28 for the fouryear reporting period. By contrast, the Contingent Fund as of March 31, 2010, had incurred a net income of $200,134.14 for the preceding four-year period. Income for the four-year period included allocation from the General Fund in the amount of $317,404.00. The only major disbursement from the Contingent Fund was the Convention credit in August 2010, totaling $124,814.04 and no disbursements were made during the four-year reporting period as a result of strike activity. Investment Income While return on investment has always been an issue, it became more of a concern when the Constitution was first amended to allow income generated by the Contingent Fund to be transferred to the General Fund. A 1% change in our return on investment is currently about $52,000.00 annually for the Contingent Fund and increases to 78,000.00 with the new General Fund investments. The General Fund investment guidelines are as follows: The goal of the BRS investment strategy is to maintain some liquidity for payments during a strike, maximize return on income producing investments for continued use in the General Fund, produce growth on investments in equities, and protect the fund from any large losses. Fixed Income Allocation The foundation of a successful investment strategy is the asset allocation. In 2005 and 2008, the SecretaryTreasurer and the Grand Board of Trustees consulted investment advisors to review the asset allocation. Since the 2008 revision, the asset allocation for the Contingent Fund has remained unchanged. Equities Allocation Investment Allocation 35%– 70%— Fixed Income 30%– 6 5% — Equities 0%–10%— Cash 35% –70% — Secured investments (CDs, US Treasury, or Agency bonds) 0%–35%—Investment Grade bonds (including bond funds) 30%–85%— Large Cap US 5%–25%— Mid Cap US (excluding railroads) 5%–15% —Small and Mid Cap US Following this strategy, stock, bond and CD investments were made through an investment advisor at Wells Fargo Advisors and CDs were purchased through CD Securities. The current investment strategy has proven to be beneficial. During very volatile markets, the annualized rate of return for BRS investments held at Wells Fargo Advisors for the past four years was 12.57%. The current return on Contingent Fund CD investments at CD Securities is 1.15%. The total Contingent Fund investment income during the four-year period ending March 31, 2014, was $533,044.79 compared to $551,052.63 in the period ending March 31, 2010. In addition to the realized gains, booked as income, the Contingent Fund investments currently have $1,455,250.07 of unrealized gains. In May of 2013 the Secretary-Treasurer with the approval of the Grand Board of Trustees opened an investment account with Branch Banking and Trust after consulting with their financial advisors. A low risk investment strategy was adopted for the General Fund to get a better return on investment while CD rates hovered just over the 1% range. The fund was opened with an initial investment of $1,000,000.00 and has since generated a return on investment of just over 10% while the yield on CD’s continue at 1.78%. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 17 Statement No. 1 GENERAL FUND — April 1, 2010 through March 31, 2014 Income Disbursements Net Income (Loss) 2010 April–June1,231,521.97 1,468,785.90 (237,263.93) 2010–2011 July–June5,006,621.04 4,945,657.89 60,963.15 2011–2012 July–June5,298,304.43 4,719,472.89 578,831.54 2012–2013 July–June5,801,843.14 4,673,011.91 1,128,831.23 2013–2014 July–March4,681,330.50 809,363.77 19,678,895.32 2,340,725.76 ONTINGENT FUND — April 1, 2010 through March 31, 2014 C Income Disbursements Net Income (Loss) 2010–2014 Totals 22,019,621.08 3,871,966.73 2010 April–June18,218.00 45.10 18,172.90 2010–2011 July–June74,028.00124,996.40 (50,968.40) 2011–2012 July–June80,110.00 168.67 79,941.33 2012–2013 July–June82,148.00 192.87 81,955.13 2013–2014 July–March62,900.00 253.68 2010–2014 Totals 317,404.00 62,646.32 125,656.72 191,747.28 RECAPITULATION — April 1, 2010 through March 31, 2014 General Fund Net Income (Loss) Contingent Fund Net Income (Loss) 2010 April–June(237,263.93) Combined Funds Net Income (Loss) 18,172.90 (219,091.03) 2010–2011 July–June 60,963.15(50,968.40) 9,994.75 2011–2012 July–June578,831.54 79,941.33 658,772.87 2012–2013 July–June1,128,831.23 81,955.13 1,210,786.36 2013–2014 July–March809,363.77 62,646.32 2010–2014 Totals 18 2,340,725.76 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 191,747.28 872,010.09 2,532,473.04 Statement No. 2 GENERAL FUND — Profit & Loss — April 1, 2010 through March 31, 2014 Ordinary Income/Expense Income Convention Entertain, Donations217,204.00 Local/GC Accounting Fees 77,324.73 Interest 92,582.28 Interest Contingent Fund 533,044.79 Interest General Fund — BB&T 19,780.49 Membership Fees (Initiation) 198,200.00 Miscellaneous 152,695.30 Per Capita Tax 20,657,277.06 Per Capita Tax Late Fees -25.00 Sale of Supplies 70,931.43 Subscriptions 606.00 Total Income 22,019,621.08 Expense Contingent Fund Allocation 317,404.00 Contributions & Donations 118,008.95 Convention 853,173.41 Direct Taxes/Use Tax 10,512.14 Dep. Building 241,792.36 Dep. Other 178,864.12 2,137,645.80 Health & Welfare Benefits Office & Administrative Advertising 8,118.92 Bank Charges 30,203.35 Brokerage Management Fee 4,394.01 Building Expense 318,843.33 Express Mail Charges 35,720.11 Flowers 1,376.40 186,214.01 Food Service 67,899.25 Insurance Expense 45,952.02 Meeting Rooms Membership & Registration 110,026.43 Rent — Office/Storage 107,506.83 672,577.36 Supplies Total Office & Administrative1,588,832.02 Payroll Expenses Officer Salary Payroll Taxes Representative Salary Employee Salary Special Detail Salary Total Payroll Expenses 3,613,427.52 1,402,897.78 1,686,107.17 2,346,024.95 12,200.24 9,060,657.66 Pension — Retired Officers 188,672.95 46,876.32 Pension Benefits — Local 1546 Per Capita Taxes AFL- CIO 323,022.65 32,825.40 Assessments — AFL-CIO 113,017.50 TTD 34,080.00 TTD-Rail Labor Union Label 9,600.00 Total Per Capita Taxes 512,545.55 Postage Printing Professional Fees Accounting & Auditing Attorney Professional Services Total Professional Fees 119,277.82 41,786.61 86,985.00 351,561.29 183,150.91 621,697.20 Real Estate Tax 35,415.04 Ry Pub & Stat Data 81,921.03 Telephone 171,126.79 The Signalman’s Journal Articles 1,680.00 Binding 3,797.95 Print & Mail 350,856.16 Update — Print & Mail 13,051.74 Total The Signalman’s Journal 369,385.85 Education & Training 23,872.72 Travel Expenses Expenses — Travel Officers 1,199,736.52 Expenses — Travel Reps. 273,354.89 Expenses — Travel Special Detail10,589.52 Expenses — Travel Employees 21,030.05 Transportation Officers 1,212,682.35 Transportation Reps. 199,124.73 Transportation Special Detail 13,851.37 Transportation Employees 29,057.55 Total Travel Expenses 2,959,426.98 Total Expense 19,678,895.32 Net Ordinary Income 2,340,725.76 Net Income 2,340,725.76 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 19 Statement No. 3 GENERAL FUND — Balance Sheet Changes — April 1, 2010 through March 31, 2014 March 31, 2010 March 31, 2014 $ Change Assets Current Assets Checking/Savings Wells Fargo Bank — Checking 1,024,136.59 1,996,015.11 971,878.52 Wells Fargo Bank — CD 22,094.23 22,396.40 302.17 Wells Fargo Bank — SAS Relief 225.00 — (225.00) BB&T S&S Money Market — 26,690.46 26,690.46 Petty Cash 200.00 200.00 — Total Checking/Savings 1,046,655.82 2,045,301.97 998,646.15 Accounts Receivable Accounts Receivable 3,235.80 5,276.72 2,040.92 Total Accounts Receivable 3,235.80 5,276.72 2,040.92 Other Current Assets Securities (Bonds & CDs) 993,000.00 1,490,980.00 497,980.00 Securities (Stocks & Mutual Funds) — 988,696.02 988,696.02 Expense Advances 3,500.00 2,500.00 (1,000.00) Total Prepaid Expenses 50,222.35 119,086.43 68,864.08 Security Deposit 436.60 — (436.60) Total Other Current Assets 1,047,158.95 2,601,262.45 1,554,103.50 Total Current Assets 2,097,050.57 4,651,841.14 2,554,790.57 Fixed Assets Building Depreciation (263,714.58) (505,506.94) (241,792.36) Front Royal Original Cost 2,278,610.18 2,335,279.71 56,669.53 Land Front Royal Original Cost 81,663.00 81,663.00 — Office Furniture & Equipment Depreciation (324,417.30) (325,069.91) (652.61) Original Cost 424,595.77 402,823.28 (21,772.49) Telephone System Depreciation (30,783.81) (39,623.90) (8,840.09) Original Cost 39,623.90 39,623.90 — Total Fixed Assets 2,205,577.16 1,989,189.14 (216,388.02) Total Assets 4,302,627.73 6,641,030.28 2,338,402.55 Liabilities & Equity Liabilities Current Liabilities Other Current Liabilities Total Payroll Liabilities Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity General Fund Balance Total Equity Total Liabilities & Equity 20 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 4,161.84 4,161.84 4,161.84 4,161.84 1,838.63 1,838.63 1,838.63 1,838.63 (2,323.21) (2,323.21) (2,323.21) (2,323.21) 4,298,465.89 4,298,465.89 4,302,627.73 6,639,191.65 6,639,191.65 6,641,030.28 2,340,725.76 2,340,725.76 2,338,402.55 Statement No. 4 CONTINGENT FUND — Balance Sheet Changes — April 1, 2010 through March 31, 2014 March 31, 2010 March 31, 2014 $ Change Assets Current Assets Checking/Savings Wells Fargo Bank 12,335.91 46,262.61 33,926.70 Money Market 288,745.08 125,160.53 (163,584.55) Total Checking/Savings 301,080.99 171,423.14 (129,657.85) Other Current Assets AFL-CIO Housing Fund 120,002.64 141,783.05 21,780.41 A/R Items of Exchange — (11,585.22) (11,585.22) Securities (Bonds & CDs) 2,058,730.30 2,120,465.04 61,734.74 Securities (Stocks) 1,044,861.77 1,294,336.97 249,475.20 Total Other Current Assets 3,223,594.71 3,544,999.84 321,405.13 Total Current Assets 3,524,675.70 3,716,422.98 191,747.28 Total Assets 3,524,675.70 3,716,422.98 191,747.28 Liabilities & Equity Liabilities — —— Equity 3,524,675.70 3,716,422.98 191,747.28 Total Liabilities & Equity 3,524,675.70 3,716,422.98 191,747.28 Group Insurance Program The Brotherhood’s Group Insurance Program was initiated by the Grand Executive Council to provide an opportunity for BRS members to obtain supplemental insurance coverage at group rates. The Insurance Program currently provides access to a broad range of coverage for selection by BRS members on an individual basis. Programs Sponsored by BRS The BRS presently sponsors programs offered by two companies, Union Labor Life Insurance Company (ULLICO) and American Income Life Insurance (AIL). The Grand Executive Council endorsed ULLICO in 1990 for the purpose of offering a life insurance program to BRS members. AIL was endorsed in 1993 by the Grand Executive Council to provide a full range of programs, including whole life, term insurance, disability income protection, supplemental hospitalization, accidental hospitalization and a vision maintenance program. The BRS incurs no expense in making the group insurance programs available and the Brotherhood of Railroad Signalmen, and its officers and representatives receive no income from the plan administrators in connection with the Brotherhood’s Group Insurance Program. Plan administrators are directed to return any profits from the programs to the individual participants. Union Plus Insurance Union Plus offers a variety of insurance products, such as: Auto Insurance, UnionSecure Insurance, Pet Insurance, and Retiree Insurance. Visit the Union Plus website for more information on these programs — www.unionplus.org. Ongoing Program Evaluation The BRS continues to monitor the quality and service of the current plan administrators under the Program. The Brotherhood also continues to evaluate the need for making additional coverage available under the Program. This monitoring and evaluation is meant to ensure that Signalmen and their families participating in the Program receive the best value for their investment and know that the Program is responsive to the needs expressed by BRS members. To that end, concerns expressed by BRS members about AIL program administration have been addressed and will continue to be closely monitored. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 21 Statement No. 5 CONTINGENT FUND — Profit & Loss — April 1, 2010 through March 31, 2014 Income General Fund Allocation Total Income Disbursements Bank Charges Convention Credit Total Disbursements Net Income 317,404.00 317,404.00 842.68 124,814.04 125,656.72 191,747.28 Statement No. 6 OFFICERS’ EXPENSES — April 1, 2010 through March 31, 2014 WD PICKETT P WA BARROWS S-T JC BOLES S-T FE MASON VP DM BOSTON VP JL MATTINGLY VP MJ CIUREJ VP KA HALEY VP JC BRAGG VP GE JONES VP CA MCGRAW VP L PARKER JR GLR MS BALDWIN GLR GLR JM FINNEGAN TM TARRANT GLR MK OWENS T KT POOLE T RG DEMOTT T WL DUNCAN T TOTAL TRANSPORTATION 328,407.73 36,395.51 109,357.07 132,031.67 188,083.07 125,133.10 135,973.67 62,795.58 74,018.83 18,650.99 9,626.42 45,451.17 51,046.59 33,982.23 27,072.87 16,753.19 10,396.40 6,490.87 140.12 1,411,807.08 EXPENSES 286,030.01 43,997.85 116,626.63 194,688.71 149,150.81 145,342.07 111,680.00 64,098.87 85,678.28 23,240.91 3,383.94 84,546.94 68,113.87 42,938.15 26,755.04 7,684.35 12,519.18 6,507.44 108.36 1,473,091.41 TOTAL 614,437.74 80,393.36 225,983.70 326,720.38 337,233.88 270,475.17 247,653.67 126,894.45 159,697.11 41,891.90 13,010.36 129,998.11 119,160.46 76,920.38 53,827.91 24,437.54 22,915.58 12,998.31 248.48 2,884,898.49 Statement No. 7 SALARIES for Grand Lodge Officers EFFECTIVE JULY 1, 2013 PER YEAR President 141,103.63 Secretary-Treasurer Vice President 22 114,899.62 109,521.45 Brotherhood of Railroad Signalmen — 2014 Officers’ Report EFFECTIVE JULY 1, 2013 Grand Lodge Representatives PER MONTH 8,194.91 EFFECTIVE JULY 1, 2013 Grand Board of Trustee DAILY 331.51 Grand Executive Council Meetings DATELOCATION July 21–23 2010 December 8–9 2010 June 9–10 2011 October 10 2011 November 30 2011 December 7–8 2011 December 28 2011 Orlando, FL Front Royal, VA Front Royal, VA Front Royal, VA Conference Call Front Royal, VA Conference Call DATELOCATION January 3 2012 Conference Call April 5 2012 Conference Call May 29 2012 Conference Call August 7–8 2012 Front Royal, VA December 13–14 2012 Front Royal, VA June 12–13 2013 Front Royal, VA December 12–13 2013 Front Royal, VA General Chairmen’s Meetings Under Article I, Section 83, of the Constitution, the President convenes the General Chairmen at least once each year. Article I, Sections 32, 33, and 35, of the Constitution, provides that the Grand Executive Council and the General Chairmen will be convened whenever there is a vacancy of any Grand Lodge office for the purpose of holding an election to fill the vacant office. Article I, Section 65, of the Constitution provides that national notices to be served under Section 6 of the Railway Labor Act must be approved by a majority of the General Chairmen representing affected members. Similar approval is required for the national agreement ratification process. Pursuant to the foregoing, the following General Chairmen’s meetings were held during this reporting period: DATELOCATION October 22 2010 Las Vegas, NV August 25–26 2011 Dawson, PA October December 10 2011 Front Royal, VA (Trustee Election) 6 2011 Front Royal, VA (Ratification) October 4–5 2012 Front Royal, VA August 8–9 2013 Dawson, PA December 12 2013 Front Royal, VA (Trustee Election) Brotherhood of Railroad Signalmen — 2014 Officers’ Report 23 Regular Convention Vice Presidents’ Activities Brotherhood of Railroad Signalmen Vice Presidents, in accordance with Article I, Section 42, of the Brotherhood’s Constitution, are under the supervision and direction of the President. During this reporting period, assignment of the officers in the six Vice President positions has remained consistent with the Brotherhood’s previous operating practices. The following outline reflects the current assignment status of these offices. CONVENTION REPORT OF — Floyd E. Mason Vice President assigned to the East Region This is the Convention report of Floyd E. Mason, Vice President East for the period of April 2010 to March 31, 2014. The office of Vice President East, in connection with Grand Lodge officers, along with general committee officers, as well as local officers and members, have made some important improvements during the report period. About the East Jurisdiction The East jurisdiction ended the reporting period with 3470 members verses 3024 members from the previous reporting period, indicating an increase of 13%. The East jurisdiction includes CSXT (B&O, B&OCT, C&OCD/PM, CSXTN {former Conrail}, RF&P, Clinchfield, L&N/C&EI, SCL {w former A&WP}, and Monon), NSR (ERN former Conrail), N&W, Southern (including former CofGA), the Pan Am RR (former Springfield Term.), the D&H, the P&W, the NYS&W (1st CBA 2007), St. Lawrence and Atlantic, Conrail (referred to the Shared Asset Areas). Commuter operations over freight railroads include Tri-Rail, MARC, as well as VRE and potentially Sunrail. 24 Brotherhood of Railroad Signalmen — 2014 Officers’ Report FLOYD E. MASON Vice President East Region The membership levels increased steadily throughout the period despite the significant attrition. Negotiation of provisions covering Positive Train Control had the greatest impact to membership levels, and, to a lesser extent, expansion of signal systems, and, as in previous periods, protecting work and active involvement in disputes has contributed to these membership levels. Hiring continues on NSR and CSX and increases are expected on the Pan Am. In addition, we are presently engaged in a Representation election on Sunrail where maintenance and future construction work could add dozens of new members on that commuter/freight operation. The East administers 20 separate collective bargaining agreements and a variety of national, system and local agreements that apply to multiple properties. The territory covers 27 states, Washington, D.C., and part of Canada. There are 11 General Chairmen (6 full time), and two additional full-time Committee officers in the East Jurisdiction. Important Issues April 2010–March 2014 Representatives and Representation There were changes in the full-time General Chairmen positions as Mike Efaw was elected to head the B&O General Committee. There were changes in part-time General Chairmen also as Joe Clark was elected to the B&OCT position, previously held by Jeff Beal; Don Westbrooks filled the RF&P position, previously filled by Walter Moorehouse; and Eric McDonald became General Chairman of the Monon. Longtime Assistant General Chairman Bill “Cookie” Keebler passed away unexpectedly in April 2013, and a new full-time officer, Jason Worcester was appointed to take his place. In addition, Terry Hedges, the UGC General Secretary Treasurer retired and his position was filled by Les Miller. The B&O General Committee was returned to autonomous operation after a period of operation in Trusteeship by the BRS national organization. The relatively newly organized New York and Susquehanna Railroad is presently under its second Collective Bargaining Agreement after the second Section 6 process, following its joining the BRS. The NYS&W is part of the United General Committee and, has over this relatively short period, established new work rules that include reducing the total number of hours worked before overtime is paid from more than 60 to the present 45 hours, an increase in expense reimbursement of 11.2%, and the establishment of a 401(k) plan. It is encouraging to know that the new members of BRS Local 240, our newest chartered Local, have gained in wages and working conditions that have made joining the BRS, in addition to many other benefits, a good financial decision for these new members. Nathan Young is the Local Chairman for Local 240. CSXT Positive Train Control An agreement was made effective December 1, 2010. The Agreement addressed several concerns beyond CSXT’s potential need to subcontract, including maintenance pay: $1 to $1.20 per hour for maintenance, longevity pay $1 for 17 years, $2 for 25 years if working in maintenance positions and contracting is necessary. No contracting is presently occurring. One important aspect of the Agreement is the requirement to hire additional employees which has reduced any need for outside help. The Agreement required that CSXT hire and graduate from initial orientation every three weeks a class of Helpers until a total of 274 Helpers were added to perform construction of PTC. Importantly, the Agreement required the hiring of Assistant Signalmen to fill each maintenance vacancy created by employees moving to construction positions. In total, more than 500 new Signalmen were added to our roles, exceeding the rate of attrition as intended. Many separate local issues were resolved in connection with this Agreement and CSXT Shop Representation, which had been divided between various former com- ponent properties, was transferred to the SEGC. Shop employees were provided a one-time out, receive the maintenance pay increase but not longevity pay. NSR Positive Train Control The parties met regularly throughout the period that PTC Agreements were negotiated with other Class I Railroads. NSR’s initial position was that it could, and would, subcontract as much as possible on the Southern, due to a Scope Rule 1 (i) allowing contracting of “large installations,” move system gangs to N&W, ERN and without agreement changes install PTC. Alternatively, if it could not it would get the time frame for PTC installation extended beyond December 31, 2015. In the interim, all other Class I Railroads made agreements. At that time there were no extensions forthcoming and NSR requested to discuss subcontracting of PTC on N&W, ERN, and Central of Georgia, the agreement areas where subcontracting was not permitted. Our initial response, supported by all committees, was that NSR would have to eliminate Scope Rule 1(i), which allows so-called limited subcontracting. In addition, NSR sought extensive seniority district changes, including the elimination of the CofGa. The Agreement made was implemented fully by June 18, 2013. Some limited provisions went into effect May 31, 2013. Of interest, the Agreement reserves all PTC work to BRS (defined as all work not involving on-board or base station locations in the communication system). The Agreement allows contracting which will start June 18, 2013, in exchange for hiring ten new employees per month beginning March 2013, and continuing as long as contracting of PTC occurs on NSR. The Agreement provides maintenance employees $1.20 additional per hour and provides terms to extend both if a time extension is granted by the Government. The Central of Georgia merged into the Southern and members were paid lump sums that ranged from $5000.00 to $60,000.00 based on seniority, and provisions to protect their interests as part of the Southern Agreement were negotiated. Effective June 18, 2013, maintenance employee pay increased by $1.20 per hour, rolling in the skill differential, and limits were placed on the ability of NSR to contract on the Southern. We have worked through a number of implementation disputes as they arose through periodic meetings with NSR. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 25 An expanded Committee chaired by President Pickett has started building the necessary facts to support a conclusion of additional pay. Joint meetings, including interviews and field visits by both NCCC and BRS, have occurred on CSX near Atlanta and UP near St. Louis. The record is establishing a factual basis that may lead to additional pay based on the responsibility of our craft. Setbacks Job Responsibility — BRS Craft Specific Issue PEB 243 Chairing the group that presented to PEB 243, a joint presentation included testimony from Brothers Burton, technical trainer CSX, and Brother Snyder, BN Signal Maintainer. John Bragg, Mike Baldwin, and I prepared witness testimony, including questions and answers. The BRS negotiating committee and Brother Haley participated in editing and reviewing material with the witnesses. We made our argument to PEB 243 for additional pay for Signalmen based on the extensive responsibility of our craft, particularly members engaged in maintenance and FRA testing. Included in the record were material from the extensive training programs for Signalmen. We argued in the record that Signal Maintenance members should be provided rate increases based on their increased technical ability (including training and experience), the responsibility of maintenance positions due in large part to federal regulations, and the increased productivity Signal Maintenance employees provide the railroad. The Board (November 6, 2011), recommended a single fact-finding study, Responsibility Study, to involve representatives and/or witnesses from all Carriers which would lead to either a mutually agreeable solution, or barring that, provide a factual record for resolution in the Section 6 process in the upcoming round. Following bargaining on November 8 and November 16, 2011, a tentative agreement was reached. The Job Responsibility Study will determine facts in connection with the “productivity, technical ability, effort and job responsibilities” of Signal Maintenance employees. If agreement cannot be reached for the development of a factual record, a Neutral, confined to resolving areas of disagreement, will make a final determination. 26 Brotherhood of Railroad Signalmen — 2014 Officers’ Report The reporting period was not without setbacks. Important High-Speed Rail Projects intended to be a keystone program in the Obama Administration’s Economic Stimulus Program were canceled or delayed throughout the country. Particularly disappointing was the cancellation of the Ohio 3C Project intended to establish commuter service between Cleveland, Columbus, Cincinnati, (and Dayton). Myself, Eldon Luttrell and Kurt Mullins had made significant progress advocating for the interest of Signalmen for the project with Ohio State DOT Secretary Jolene Molitoris under then Governor Strickland. An election of a governor not friendly to our interests saw the projects and the hundreds of millions of dollars that could have supported additional good paying railroad jobs go by the wayside as politics trumped public interest. There was, however, significant progress in this area on a variety of commuter/freight rail projects. Commuter/Freight Rail Expansions Sunrail In November 2011, CSX abolished BRS-represented maintenance positions on a 60-mile segment of track engaged in the interstate commerce of freight, sold the line to the state of Florida, and our represented employees exercised seniority to other parts of CSX. A group involving myself, Gus Demott, SCL GC, along with Rich Edelman and Dan Pickett, and Signalmen from the SCL exercised extensive involvement at the state level opposing this move. Our efforts were strongly supported by Mike Williams and the Florida AFL-CIO. The BRS ultimately obtained a written commitment from FDOT that signal maintenance work would be performed on this segment by a Rail Carrier, preserving our right to organize railroad members and preserving the rights associated with RRB, FELA, and RLA to newly organized members if we were successful. The Agreement brought all signal maintenance work under BRS representation, provided a Rail Carrier was available to perform the work. Our Agreement additionally extended to Phase II of the construction work (Phase I was in progress and was lost during the fight to nonrailroad employees). The BRS is the only rail labor organization to expand membership over the Sunrail (FTA funded) project, as all other rail labor organizations gave up without a fight in exchange for protective benefits for their members. Many years prior, BRS preserved signal work on TriRail, a segment of freight/commuter rail service that runs from West Palm Beach to Homestead, Florida. The BRS was the only unionized rail labor signal employees to perform construction work and BRS continues to represent Signalmen after that line transferred from CSXT to the state of Florida (and is presently BRS represented). Following a lawsuit to enforce our Agreement about Sunrail with the state of Florida, a rail carrier, TASI, was ultimately awarded the signal maintenance work. We have established a Representation Election under RLA rules. The votes will be counted in April. Worchester to Boston — This office worked with VP Dennis Boston, and GCs Eldon Luttrell and Dave Ingersoll to successfully transfer CSXT members and representation from the CSXTN Agreement to MBCR. New York Line — Working with VP Dennis Boston, and GCs Eldon Luttrell and Dave Ingersoll, we transferred members and representation from the CSXTN Agreement to Amtrak. Michigan Line — Again, working with VP Dennis Boston, and GCs Eldon Luttrell and Dave Ingersoll members and representation were transferred from the NSR ERN Agreement to Amtrak. National Training Committee As Chair of the National Training Committee, I serve with VP Joe Mattingly, VP Mark Ciurej, and Trustee Chairman Mike Owens, along with President Pickett. Together, we have helped to develop Signal Training processes and our goal is to increase that effort consistent with mandates in the Rail Safety Act. We have begun the work to coordinate our efforts with a training group, working to develop training for all crafts in rail transit. Current Projects As chair of a bargaining committee with full-time GCs Luttrell, Demott, Duncan, Vincent and Efaw, we have worked on a voluntary effort to reduce the number of CBAs on CSXT. The effort of a little over a year has made progress, but our work has been substantially hampered by a constant rotation of CSX Labor Relations officers, including the dismissal of two, the reassignment of one, and the demotion of another. As we close the reporting period, we have started an initiative to bring journeymen and continue training to NSR. A committee headed by myself, GCs Luttrell, Everett and Mullins are establishing Committee and Local officers to work with NSR signal management to expand training in this area that is long overdue. Best Accomplishments If I had to point to progress on two issues that bring the most satisfaction over the reporting period, I would point to 1) the reduction in NSR’s ability to subcontract work, both in the present and to an even greater extent in the future once PTC systems are installed, and 2) preserving Rail Carrier status on Sunrail (previously CSX) and the resultant representation election. All three of the example line transfers above had the potential for Sunrail-like consequences. Through effort and some sacrifice we were able to hold onto BRS representation providing for the members that were doing the work to follow their jobs and retain a flow-back right through a leave of absence. These efforts and the effort on Sunrail has slowed these sham transactions, at least for now. Local Matters — There were a variety of local agreements made with terms beneficial to Signalmen during the reporting period with the assistance of this office. The resolution of these matters saved arbitration resources and brought fair settlements for our members. These settlements were developed in conjunction with then VP Boles and the arbitration department. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 27 CONVENTION REPORT OF — Joe L. Mattingly Vice President assigned to the Midwest Region This report covers activities from March 1, 2010, through March 31, 2014. The Midwest Region’s Office is presently headquartered in Trenton, Kentucky. The following is a list of some of Brother Mattingly’s activities that cover this reporting period: • Attended 50th Regular Convention July 26–30, 2010, in Orlando, Florida. • Attended BRS Grand Executive Council Meetings. • Attended regular and special meetings of BRS Local Lodges and General Committees when requested and as time and finances permitted. • Researched, prepared and assisted General Committees, Negotiating Committees and Local Lodges with Memorandums of Agreements, dispute resolutions, membership services and Section 6 contract proposals. • Assisted members with Labor Protective Benefits concerning Feb. 7 and New York Dock Protective Benefits. • Attended BRS Local and General Chairman’s Training Seminars. • Coordinated and attended Joint Midwest General Chairman’s Meetings. • Attended Transportation Trades Department – Rail Labor Division Meetings. • Serves as a member of the BRS National Responsibility Committee’s Work Study Group. • Attended the Railway Systems Suppliers, Inc. (RSSI) C&S Exhibitions. • Attended AAR Technical Conferences on railroad signaling and communications. • Served as a Communications & Signal Labor Member of the American Railway Engineering and Maintenance of Way Association. • Serves as a member of the BRS National Training Committee. • Attended Designated Legal Council Meetings. • Coordinated BRS Section 6 notices and assisted signal and communications employees on 28 Brotherhood of Railroad Signalmen — 2014 Officers’ Report the Dakota Minnesota & Eastern Railroad in reaching their first Collective Bargaining Agreement. Agreement Administration JOE L. MATTINGLY Vice President Midwest Reviewed claims and grievances as a member of the Review Committee and progressed claims and grievances as prescribed by Article I, Section 64, of the BRS Constitution. Lobbying legislative objectives of: • Brotherhood of Railroad Signalmen (BRS). • Transportation Trades Department, AFL-CIO (TTD). • American Federation of Labor and Congress of Industrial Organization (AFL-CIO). • Met with candidates holding and seeking public office to enlist support for issues supported by BRS members; Railroad Retirement Reform being the key issue. • Attended meetings with the Association of American Railroads, individual railroads, American Short Line Railroad Association, and the American Public Transportation Association. Attended meetings to address BRS issues with Federal agencies in the Washington, D.C. area. These agencies included: • U.S. Department of Transportation • U.S. Department of Labor • Federal Railroad Administration • Federal Transit Administration • National Labor Relations Board • National Transportation Safety Board • National Mediation Board • National Railroad Adjustment Board • U.S. Railroad Retirement Board • Public Law Boards • U.S. Surface Transportation Board Duties also involved addressing BRS issues with the following associations, committees, and institutes: • Association of American Railroads • American Public Transit Association • American Association of Arbitrators • American Railway Engineering and Maintenance of Way Association • Bureau of Labor Statistics • George Meany Center • National Carriers’ Conference Committee • High-Speed Ground Transportation Association • Railway Progress Institute • Volpe Safety Center Additional Assignments: FRA — Rail Safety Advisory Committee (RSAC): The Midwest Vice President continues to serve as one of the two BRS alternate voting members allotted to the Federal Railroad Administration’s Rail Safety Advisory Committee. The FRA/RSAC agenda is subject to change, including the possible addition of further proposed tasks under the Rail Safety Improvement Act of 2008. FRA — Fatality Analysis of Maintenance-of-Way Employes and Signalmen (FAMES): The Midwest Vice President continues to serve as a member of an industry task group with the Federal Railroad Administration to analyze roadway worker fatalities. The task group is named the Fatality Analysis of Maintenance-of-Way Employes and Signalmen (FAMES). The Mission of the FAMES group is to analyze all fatalities and select related incidents in order to make recommendations to reduce the risk of future occurrences and eliminate fatalities to roadway workers. FRA — Positive Train Control Implementing Work Group (PTC): The Midwest Vice President was assigned by President Pickett to an industry task group with the Federal Railroad Administration to develop implementing regulations for Positive Train Control (PTC) Systems and their deployment under the Rail Safety Act of 2008. Status of Section 6 Negotiations — Midwest Region: Alton & Southern Railway: Alton & Southern Railway employees belong to Local #132. They are members of the Union Pacific General Committee and are represented by General Chairman John McArthur and Assistant General Chairman Harry Doucet. During the 2010 round of negotiations, the A&S was represented by the National Carriers’ Conference Committee with respect to its National Section 6 notice. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. Belt Railway of Chicago: Belt Railway of Chicago employees belong to Local #194. They are members of the BRS Northeast General Committee and are represented by General Chairman Bill Duncan. During the 2010 round of negotiations, the Belt Railway of Chicago was represented by the National Carriers’ Conference Committee with respect to its National Section 6 notice. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 29 Canadian National Railway: (Grand Trunk Western) Grand Trunk & Western employees belong to Local #14. They are members of the BRS Northeast General Committee and are represented by General Chairman Bill Duncan. The Grand Trunk & Western’s current Agreement was signed on June 26, 2013, in Homewood, Illinois. The terms of the current Agreement run from July 1, 2010, to December 31, 2014. However, either party may serve a new contract notice after November 1, 2014. by Soo Line General Committee Chairman Keith Huebner. During the 2010 round of negotiations, the CP/Soo Line was represented by the National Carrier’s Conference Committee with respect to its National Section 6 notice. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. (Illinois Central Gulf) Illinois Central employees belong to Locals #51, #81, #107, #162, and #191. They are members of the Illinois Central General Committee and are represented by General Chairman Dave Picou. The terms of the current Agreement run from July 1, 2010, to December 31, 2014. However, either party may serve a new contract notice after November 1, 2014. (Dakota, Minnesota & Eastern Railroad Corporation — Iowa, Chicago & Eastern Railway) Soo Line Local #226 has incorporated the members of the Dakota, Minnesota & Eastern into its Local Lodge. BRS members on the Dakota, Minnesota & Eastern are represented by Soo Line General Committee Chairman Keith Huebner. The DM&E’s current Agreement was signed on August 1, 2011. The terms of the Agreement run from August 1, 2011, to January 1, 2015. However, either party may serve a new contract notice after July 1, 2014. On January 2, 2014, Canadian Pacific and Genesee & Wyoming Inc. announced that they have executed an agreement pursuant to which CP will sell the west end of its Dakota, Minnesota & Eastern (DM&E) line to G&W for continued rail operations. The west end encompasses approximately 660 miles of CP’s current operations. (Bessemer & Lake Erie) Bessemer & Lake Erie employees belong to Local #15. The General Chairman of the Bessemer & Lake Erie General Committee is Kevin Walker. Our current Agreement covers the Canadian National/Bessemer and Lake Erie Railroad members from January 1, 2005, through December 31, 2009. Via notice dated December 16, 2009, the Bessemer & Lake Erie General Chairman served a Section 6 notice on the Canadian National requesting to revise and supplement all existing agreements in accordance with its proposed notice. A tentative agreement was reached between the parties on February 6, 2014. The agreement ballot was sent to the membership on February 14, 2014, and was subsequently ratified. (Wisconsin Central — Signal & Communications Department Technicians) Wisconsin Central employees are members of BRS Local #239. They are members of the Wisconsin Central General Committee and are represented by General Chairman Butch Hillila. The current Agreement was signed on June 29, 2012, in Homewood, Illinois. The terms of the Agreement run from January 1, 2010, to December 31, 2015. However, either party may serve a new contract notice after November 1, 2014. The Wisconsin Central members have a newly codified agreement following major rule changes. Canadian Pacific Railway: (Soo Line Railroad Company) BRS members on the Soo Line belong to Local #226. They are represented 30 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Evansville Western Railway, Inc.: The Evansville Western (EVWR) employees belong to Local #46. They are represented by the Illinois Central General Committee and General Chairman David Picou. The Evansville Western’s current Agreement was signed on February 16, 2011, in Paducah, Kentucky. The terms of the Agreement run from March 1, 2011, to January 1, 2016. However, either party may serve a new contract notice after July 1, 2015. Indiana Harbor Belt Railroad Company: Indiana Harbor Belt employees belong to Local #3. They are represented by the Northeast General Committee and General Chairman Bill Duncan. During the 2010 round of negotiations, the Indiana Harbor Belt was represented by the National Carriers’ Conference Committee with respect to its National Section 6 notice. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. New Orleans Public Belt: The NOPB remains under the jurisdiction of the BRS’s Illinois Central Gulf General Committee. They are members of the Illinois Central General Committee and are represented by General Chairman David Picou. The current term of the NOPB contract has been extended under the provisions of the Railway Labor Act. May 13, 2013. It will remain in effect, without change, through December 31, 2016, and thereafter until changed or amended in accordance with the Provisions of the Railway Labor Act, as amended. Neither party will serve or progress prior to November 1, 2016, not to become effective before January 1, 2017. Paducah & Louisville: Paducah and Louisville Railway Inc. employees belong to Local #46. They are members of the Illinois Central General Committee and are represented by General Chairman David Picou. The current Agreement runs to January 1, 2014. However, either party can serve a bargaining notice after July 1, 2013. The BRS served a Section 6 notice dated December 2, 2013, and requested a conference in order to begin negotiations. The first negotiation meeting was scheduled for March 2014. (Signal & Communications) The Wheeling & Lake Erie Signal and Communication employees belong to Local #237. They are represented by the United General Committee and General Chairman Eldon Luttrell and Assistant General Chairman Jason Worcester. The current Agreement was signed in Brewster, Ohio, on June 26, 2012, and will remain in force until July 1, 2016. Neither party will serve or progress prior to January 1, 2016, not to become effective before July 1, 2016. Siemens Corporation (Formerly Invensys Rail): Siemens Corporation employees belong to Local #234. They are members of the Safetran General Committee and are currently represented by General Chairman Garry Harrod. The current Agreement runs through May 31, 2014, and will continue for one-year periods thereafter unless either party provides at least 60 days written notice prior to the contract expiration or the annual expiration date thereafter of its desire to terminate or modify. Plans to file a Desire to Modify Agreement Notice and NMB Form F-7 during March of 2014. Terminal Railroad Association of St. Louis: Terminal Railway Association of St. Louis employees belong to Local #132. They are members of the Union Pacific General Committee and are represented by General Chairman John McArthur and Assistant General Chairman Harry Doucet. During the 2005 round of negotiations, the Terminal Railroad Association of St. Louis was represented by the National Carriers’ Conference Committee with respect to its National Section 6 notice. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. Union Railroad: Union Railroad employees belong to Local #193. They are represented by the Union Railroad General Committee and General Chairman Jason Vincent. The current Agreement was ratified on Wheeling & Lake Erie: (Maintenance-of-Way) The Wheeling & Lake Erie Maintenance-of-Way employees belong to Local #237. They are represented by the United General Committee and General Chairman Eldon Luttrell and Assistant General Chairman Jason Worcester. The current Agreement was signed in Brewster, Ohio, on June 26, 2012, and will remain in force until July 1, 2016. Neither party will serve or progress prior to January 1, 2016, not to become effective before July 1, 2016. (Locomotive Mechanics) The Wheeling & Lake Erie Locomotive Mechanics employees belong to Local #237. They are represented by the United General Committee and General Chairman Eldon Luttrell and Assistant General Chairman Jason Worcester. The current Agreement was signed in Brewster, Ohio on June 26, 2012, and will remain in force until July 1, 2016. Neither party will serve or progress prior to January 1, 2016, not to become effective before July 1, 2016. National Negotiations: The BRS Midwest assignment has four (4) assigned properties represented by the National Carriers’ Conference with respect to the 2014 round of National Negotiations. They are the Alton & Southern Railway, the Belt Railway Company of Chicago, the Indiana Harbor Belt Railroad Company, and the Terminal Railroad Association of St. Louis. The new National Agreement was ratified on February 2, 2012. The terms of the current Agreement run through December 31, 2014. However, either party may serve a new contract notice after November 1, 2014, not to become effective before January 1, 2015. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 31 CONVENTION REPORT OF — Dennis M. Boston Vice President assigned to Passenger, Transit, and Commuter Operations This reporting period began on April 1, 2010, and continues through March 2014. The past 4 years have been even busier than my proceeding terms in office, DENNIS M. BOSTON and I would like to Vice President provide you with Passenger, Transit, and the details of what I Commuter Operations have been involved in, as well as provide you with an update on all General Committees that fall under the Passenger, Transit and Commuter Operations. As the jurisdictional VP, I continue to follow the Federal Government’s focus on High Speed Rail and growing the commuter and transit operations in the United States. Our union has stepped up its focus on these growing operations. The BRS has been a leader in working with the White House and Congress to expand, for our members, protections and benefits with all of the commuter authorities and new HighSpeed Rail and the passenger expansions. We have been saying for years that we will see a new growth in this area under my jurisdiction. It has come true over the last three plus years and we were at the table with the new entities and past partners fighting for the best agreements with protections that not only protected those who moved from a freight railroad to a transit and the hiring of new members, but also assured that those who made that move to a new operation would also be protected if they needed to return to a freight railroad. I have been elected by other crafts in bargaining coalitions with the BRS to be the Chairman and/ or Spokesperson for Rail Labor Bargaining Coalitions that have gone from bargaining directly with carriers to mediation and to Presidential Emergency Boards. Additionally, I was instrumental in preparing and providing testimony for the Amtrak Arbitration case. The Arbitration Board will issue its ruling on or before April 1, 2014. Although the BRS may not be the largest participant in these coalition bargaining units, we are among the most qualified negotiators in Rail Labor. 32 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Over the past 40 plus months, I have spent my time traveling to many Local meetings. I have met with Presidents of Amtrak, TASI, MBCR, NS, UP, and BNSF. I have also met with Vice Presidents and Chairmen of every group under my jurisdiction. I have met with the United States Secretary of Transportation, the Deputy Secretary of DOT, the FRA Administrator and many of his staff. In Massachusetts, I met with the Secretary of Transportation of MA, the President of the Senate, and the Lieutenant Governor. In Michigan I met with the Chief of Staff for the Governor, also the Lieutenant Governors of Illinois, Maryland, and Colorado. I have also met with numerous Senators of the United States and members of the United States Congress to promote the BRS membership as the most highly skilled craft in the Railroad industry. Amtrak Many changes took place in the Amtrak General Committees during this reporting period. My friend and Brother Bob Tirocchi decided to take a position with the Federal Railroad Administration. As many of you know, Bob was an Electronic Technician for Amtrak and for a short time at the beginning of his Railroad career, Bob worked on the Boston and Maine. Bob was most noted for being an eloquent speaker and being a very knowledgeable General Chairman for the New England General Committee. Many of us looked up to Bob for his guidance and assistance in a vast number of issues. Bob is missed and will always be a friend of the BRS and mine. The members of the New England General Committee agreed to join with the Amtrak Eastern General Committee; the Amtrak Eastern GC welcomed the Brothers into their committee. General Chairman Dave Ingersoll was re-elected to another term of office as General Chairman of the Amtrak Eastern General Committee. Dave has had numerous disputes with Amtrak. I think the number one issue has been the training programs Amtrak has put in place. The carriers neglect to train in accordance with the Agreement, which has lead the AGC to file numerous claims for their violations. There are many other claims and grievances but this is the one issue that is at the core of our existence within our highly skilled workforce. Also, the carrier is unwilling to provide a safety program that would empower our members to run the program, to develop protocols for violations, and to instruct the proper training across the system. Amtrak made a decision to hire an outside contractor to in-as-much take the fall for a training program that doesn’t work called Safe-to-Safer. Amtrak is now in worse shape as far as safety goes then at any other time in their existence. During this reporting period, it was also time to serve our Section 6 notice to the carrier. I don’t think there is a Signalman on Amtrak that has not heard of the campaign we developed to put a stop to the 8-year long holdout of coming to terms on our last agreement. The entire process was established by Amtrak management and pitted us against them. Amtrak says it decided to come to the table this time and negotiate with the unions in an attempt to make amends to the 8 years without a contract last time. Well, that is not how two organizations felt about what took place this time around. This time, Amtrak was greeted by one union who was willing to get a quick deal with Amtrak. For their craft union it meant taking less to get it and accepting far less than other unions were willing to give back. The BRS began to bargain on May 14, 2010. We met with the carrier almost every month in 2010. In 2012, we then entered mediation under the NMB as we saw no way to come to a voluntary agreement that would provide our members what they deserved. We were in mediation for all of 2012, and continued until July 2013. President Pickett and I met directly with the NMB numerous times to request a release from mediation and then to request a PEB. The meetings always ended up with the NMB members saying they understood and would contact us after they had a chance to deliberate this difficult issue. Each and every time it was another dead end for our members. We met with our coalition and decided to take a course of action that some may say was very risky. The fact is, we did what we felt was in the best interest of our members. We agreed to make a request to Amtrak to go jointly to an Arbitration Board with a short period of time for the board to begin the hearing and make their decision. Amtrak agreed with our coalition and we began the process of establishing an arbitration board. Amtrak, the BRS, and the BMWED came to terms of the Arbitration Board; ground rules if you will. We agreed on who the three-member panel would consist of; Ira Jaffe was selected as Chairman, Shyam Das and Herbert Fishgold as members. All was set for the case to begin. We met for weeks to develop our testimony and to prepare for what would likely be the carriers’ positions and rebuttal. On Monday, January 13, 2014, we began our case and the Arbitration case went into Saturday, January 18, 2014. As is common in PEBs and this type of Arbitration, the Chairman calls for the parties together in an attempt to settle our case without the Arbitration Board needing to write a detailed report. The two unions met with the Chairman and the carrier also met with the Chairman, but there was little appetite to play let’s make a deal with Amtrak. On March 26, 2014, the Arbitration Board released their findings in the case between Amtrak and the two Unions, BRS and BMWED. The Board did not grant us the ability to claim that the alleged pattern on Amtrak was actually not a pattern at all. Our case was built on the premise that TCU, UTU, and others may have agreed on and ratified similar agreements but they were not patterns, they all had different sections that could lead you to say that the separate union agreements were not the same, and therefore not a pattern. We are a bit disappointed but we made the best case we could have made with the facts we presented to the Board. The decision from the Board was a five-year deal, GWIs contained in the Amtrak Pattern through the end of 2014. For the last GWI, however, which is to take effect on January 1, 2015, the Board directs that the GWI be increased from the 1.5% that is part of the Amtrak Pattern settlements to an increase of 3.0%, with the additional 1.5% increase funded by the changes in health care plan design that were part of the Freight Pattern and which are ordered adopted as of the same date. The GWIs awarded, therefore, will be as follows: Total of 15.5% (3.1% over 5 years). While the two January 1, 2015, GWIs of 1.5% occur on the same day, it is intended Brotherhood of Railroad Signalmen — 2014 Officers’ Report 33 The Acting General Chairman of members in Local 236 is Mike Baldwin, Director of Research for the BRS. Mike does a very good job keeping track of the day to day activities in Local 236. LIRR that they be treated as two separate GWIs and thus will be compounded. We are meeting on April 16, 2014, with Ira Jaffe in a mediator role so that Amtrak and the Unions can agree on the implementation of the new agreement. Amtrak can’t seem to agree with us on what the implementation should state and its application. Balfour Beatty During this reporting period, our members felt the effects of the sluggish economy. BBRI found it difficult to find projects to bid on and maintain a full workforce. We worked with BBRI to give them some relief on work rules which allowed them to bid on work and at the same time receive temporary relief of work rules that kept our members working and not furloughing. There are two distinctive sides to the BBRI work-force; we have a construction side and a side that does maintainance for states and commuter authorities. Recently, the construction side has taken a big hit. What caused the drop in construction work? Perhaps it is the economy, and perhaps it’s the bidding process. We believe it is some of both. BBRI seems to be only bidding on small projects and not going after larger projects that may bring in more work for our members. We have continued to push for BBRI to be more aggressive and we have tried to get them work on BN where there were a number of projects in signaling allowed by an agreement with the BN and the BRS General Chairman. We will continue to push BBRI to be more aggressive in their bidding process. The members who work for BBRI are members of Local 236 where our construction locals are all located. 34 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Long Island Rail Road Bargaining Coalition (LIRRBC) has come a long way. I am the Spokesperson for the coalition. Our coalition has been through mediation and petitioned the NMB to be released and, finally in 2013, we were granted a release along with three other unions in our coalition. We agreed to go before a Presidential Emergency Board (PEB). The Board was made up of three senior neutrals from the railroad industry; the Chairman was Ira Jaffe, the Board Members were Roberta Golick and Arnold Zack. The dates were chosen as December 2–7, 2013. Our coalition selected The Guerrieri Law Firm to represent us. A Partner in the firm, Carmen Parcelli presented our case before the PEB. I testified on behalf of the LIRRBC in front of the PEB and after a week of long and very detailed testimony we concluded. As in most PEB’s the Chairman called just a few leaders from both sides into an early Saturday morning “mediation” session to give the parties one last chance to come to terms on what may be our last chance to settle before the PEB deliberates and provides the White House their report of PEB 244. As expected, the carrier was no more willing to make a deal than it was for the last three and a half years. We concluded the very long and stressful week feeling very good about our presentation to the Board. On December 21, 2013, the PEB report was issued from the White House. The report was favorable to the Unions in almost every area we wished to accomplish. All we needed now was to come to terms and turn the report into an Agreement. The report derived from our PEB was wage increase totaling 18.4% over six years (2.9% per year). The members would begin contributing to health insurance premium costs, starting at a contribution of 1.0% based on a member’s 40-hour workweek (cap) starting in June of 2006, then increases each year to 2015, ending up at 2.25% caped at the 40-hour workweek straight-time basis. No work rule changes were included in the PEB report. One craft, the Conductors, received a $10 per shift payment for becoming certified. We feel certain that this will give the BRS an opportunity to achieve the same $10 per shift when the DOT/FRA determines that our members fall under certification of our craft. The LIRR continues to stonewall any attempt to come to terms on a joint settlement and it appears in early April, we will be issued a second PEB by the White House. The unions will argue that the first PEB had it right. The second panel of senior railroad neutrals will be selected by the White House and review the first PEB’s report and make a recommendation. This unusual process of having two PEBs is allowed under Section 9(a) of the RLA. However, there are but a handful of cases that have gone to the second PEB. In all of those cases but one (the first PEB ever), the parties came together after the second PEB issued their report which was the same as the first PEB. I look forward to reporting to you at the BRS 51st Regular Convention that we got it done and our members received the wage increases they deserve. I, along with President Pickett, was able to go on a tour of the East Side Access Tunnels in New York. This project will bring trains from all 11 branches of LIRR into a new concourse being built beneath Grand Central Station in New York City. The new connection will increase LIRR trains into Manhattan and dramatically shorten travel times to all other locations. Our Brothers have worked hard to improve the transit needs of the people in and around NYC. Massachusetts Bay Commuter Railroad (MBCR) MBCR will soon become (KCS) of Keolis America. This carrier falls under my jurisdiction and I work with General Chairman Dave Ingersoll of the AEGC. Since our last Convention, I served as Spokesman for the Massachusetts Bay Commuter Rail Labor Bargaining Coalition (MBCRLBC). This contract was reported on in my last convention’s report and continues into this report. The coalition consisted of 12 separate craft unions and we were engaged in tough mediation with the Company. On April 8, 2011, we settled our outstanding issues with MBCR. There were only three other unions that settled outside of the coalition. I can report that all unions on MBCR have now settled and they settled for the same provisions established by the MBCRLBC. Also, during this reporting period the State of Massachusetts began talks with CSX and MBCR to transfer track that allowed for expansion of commuter service down into Wooster, MA. It was a win-win for us and MBCR. We transferred, by agreement, members of the CSX Local that had seniority on the former CSX line. We were able to protect the incoming CSX members and those who currently are working on MBCR. We are now in the process of working with a new carrier, Keolis. You will see that this is a trend in commuter contracts when the State is not the carrier and keeps an arm’s length relationship with the service provider and these new entities spun out of States accepting PRIIA money through the FRA then purchasing Freight Lines. The State then looks for an operator who in most cases is required to become a carrier and is required to comply with all of the Federal Laws and Regulations. The procurement process took well over two years and it pitted MBCR against Keolis, with our members in the middle. The new coalition bargaining unit represents BRS, BMWED, IAM, NCFO, TCU, and TWU. Our coalition is working directly with the new carrier to establish an Implementing Agreement that will secure our members, seniority, classifications, and their positions and H&W for existing past and new members as well. We will begin negotiations, as we are in our Section 6 notice period at this time with MBCR. We will need to also serve a Section 6 on Keolis, as they will become the new carrier on July 1, 2014. From there, we will enter into negotiations. This process will be moving along and while I do not have the final result in time for this report, I will be glad to provide updates when we caucus at the Convention. Metra We have been very active with disputes on Metra. We are in Section 6 negotiations and in May we entered into Mediation; we could not come to terms on an agreement with Metra. There are a number of unions that have signed and ratified agreements coming out of direct negotiations, as well as through mediation. We have had one goal from the start of negotiations and that is to come to the table and receive equal value for our members in Local 183. As one of the first unions to agree to accept H&W contributions with the understanding that our members would take additional wages during this period but equal in total compensation. In other words, our wage increases (slightly higher) than crafts that decided for their union/craft not to pay into H&W contributions, but with slightly less compensation. We will continue to fight for our principles in mediation and push for what we believe is fair and equal. Perhaps we will have additional information about this case at our Convention this July. Additionally, on Metra we have a Labor Management Committee that all unions are encouraged to attend. There have been many good items that Labor and Management work together on, safety being number one. With the backing of the company, safety committees are formed; leaders are selected and work in teams Brotherhood of Railroad Signalmen — 2014 Officers’ Report 35 to make suggestions on unsafe situations that arise. From the safety committees to the full labor management committee, everyone works to make Metra a safer workplace. There are always situations on any railroad project that you want fixed that your manager will not look at or take the time to listen to you about. On the Labor Management Committee, you can always push the issue all the way to the top to get another set of eyes to look at the issue. That includes both Labor and management. New Jersey Transit During this reporting period, our agreement was once again open for serving Section 6 notices and we have served. General Chairman Terry Maher arranged meetings that go into April and if there is little movement we will be discussing our options for moving the process in a more expeditious manner. The carrier continues to say that they are waiting for the Governor of NJ, Chris Christie. Terry was reelected as General Chairman during this reporting period. He also has a new assistant, Mark Culver. There have been many changes in management with NJT. PATH During this reporting period, the PATH Local/General Committee has elected a new General Chairman, Richard Clark. The committee has served their Section 6 notice and is in the process of negotiating but has not come close to agreeing on any portions of their notice. There is a great deal of work being done on PATH to update its signaling system. The system being installed is being done in sections of the railroad; contractors are performing aspects of the implementation of the new system. We have had a great deal of safety violations on PATH, the most egregious violation involved PATH BRS members diving out of the way of a train pushing flat-bed railcars with a conductor on the car with no lights on the rail car or on the conductor. After that, we have had members almost killed because of lax Roadway Worker protections; a Rule Book which has not been updated in years. When the FRA mandated that they make corrections and updates, the carrier once again fell short. After much discussion, the carrier has agreed to make the changes that Richie and his committee pushed to be added for the safety of the membership. There are issues every day that the carrier creates by not following FRA and Federal Regulations, including OSHA violations. Many of you have seen the Awards that have come out of PATH dealing with BRS members. PATH continues to cause OSHA complaints 36 Brotherhood of Railroad Signalmen — 2014 Officers’ Report and blatant violations of the Whistle Blower protections. The officers of the PATH General Committee and its Local Officers are doing their best to promote good standing with other Rail Labor Organizations and they have tried to have a daylong discussion with a FELA/FRA/OSHA/RLA conference to help train our members in these areas which we hope leads to more activity by Local Members. We also had other crafts stop by and add their experiences. Thank you to Marc and Eva from the Flynn & Wietzke Firm for helping us out all day. Richie continues to fight every day for our PATH members. Posey In June 2011, John Posey sold his company and we no longer represent them. Septa On April 4, 2013, the BRS lost Brother Bill Keebler. Bill served 45 years on the railroad, and as Assistant General Chairman of the Brotherhood of Railroad Signalmen. We miss his fire and compassion for his work and his commitment to our members here at the BRS. During this reporting period, we settled our long outstanding Section 6 issues. It was not without very difficult negotiations. We stayed pinned down on a few issues and we just couldn’t get the carrier to budge. We asked the Local to set up a special meeting to discuss with the members where we were at the bargaining table and listen to them about what they thought. After the meeting with the members, we agreed to put out a tentative agreement based on what we were able to accomplish at the bargaining table. We went back to the carrier and worked out an agreement based on the member’s comments. Then we worked with the General Committee and Local to get the tentative agreement out to the members and it was ratified. This agreement will continue until open for Section 6 notices after June 30, 2014. I wanted to provide some history on what has taken place prior to the BRS and Rail Unions showing up on Septa on the subway and light rail side. The largest transit union on the property is TWU; they always come to terms on an agreement when it is ratified on the rail side and others come in and begin negotiations based on the TWU deal. There has never been back pay paid to the rail side if the negotiations become delayed. Here is a little background on how SEPTA formed out to the 3R Act. It was in the early 70’s when all of the former Penn Central and NYC etal were declared bankrupt and the Federal Government created a panel to oversee and work through the creation of the 3R Act and created Conrail. What spun off from Conrail is now known as the SEPTA Rail side. Some of our members that came over from Conrail continue to work at Septa today. TASI (Formally operated by Amtrak) TASI (part of Herzog) became a new carrier as of April 2, 2012. They now operate the Commuter Service in the San Francisco Bay area, through an agreement with the Joint Powers Board (JPB). JPB is a board set up by the County and Communities in the San Francisco Bay area to alleviate congestion for their Cities and Communities and has a political Board of Directors that keeps a close eye on the operators. This is the new trend for commuter operations across the country. BRS saw this coming long before other crafts would acknowledge it. In this reporting period, the JPB became very frustrated with Amtrak, the carrier that they had contracted to run the service their way. JPB finally dumped Amtrak in a long bidding process. This process is becoming far to interment and is very stressful on our members and their families. If you look at this property, a former SP property transferred from the control of SP to JPB years ago. SP members in the beginning came over under protection of seniority to flow back to SP then UP. Those members today are down to a couple. When Amtrak took over the service, the unions helped the BRS members transfer to the new carrier. Then again, when TASI was formed as a carrier with FELA protection, RLA, NMB, and the golden nugget Federal Law 13(c) protects our members. Federal 13(c) requires the continuation of collective bargaining rights, and protection of transit employees’ wages, working conditions, pension benefits, seniority, vacation, sick and personal leave, travel passes, and other conditions of employment. Section 13(c) also requires paid training or retraining for employees affected by Federal assistance. When it was announced that TASI had been selected by the JPB to be the new carrier, the BRS set up a conference call with our General Chairman (the members on TASI are part of the UPGC). After that, we contacted all of the crafts willing to form a coalition for the purpose of H&W continuation at the same level of benefits as was in place under Amtrak. I was one of the appointed spokespersons for the H&W issues for all craft unions on the property. This process took months of very technical and detailed work looking at the coverage provided by TASI and ensuring that it would be as equal as possible. I give credit to my partners in the committee, TCU Secretary Treasurer Russ Orthout and his assistant Ellen Conboy, and I thank TASI’s staff for working for the members who receive these benefits. We actually provided benefits that were not required under 13(c), but the parties agreed that it would be the right thing to do in this very stressful environment. We completed all of our work and the BRS and eventually all of the other craft unions signed new contracts in April 2012. These are unusual waters we have been treading into, but, as usual, the BRS stepped up to the task and got the job done for our members. All of Rail Labor benefits from our knowledge and ability to adapt to changes in the Passenger, Transit and Commuter industry. Hurricane Sandy On October 29, 2012, Hurricane Sandy made landfall near Atlantic City, NJ. This Category 3 Hurricane caused Rail Operation Centers to be engulfed in water. In many locations the track was covered in debris or had been washed away by the powerful storm. Many stations were flooded, Signal systems were covered with salt water, and switches were covered with debris from the storm waters and operations ceased. After the storm, President Pickett, Secretary-Treasurer Boles, and I headed north to New Jersey to support our members. We ended up driving through a snowstorm that dropped close to a foot of snow onto the same area that had just been struck by Sandy which knocked out power to more homes and our railroads. Our members worked day and night walking through water that was up to their chest. We have stories of members saving lives, reaching down into raging waters to grab onto brothers to keep them from being swept away by the storm. All across the region and out to Long Island, we met with our members who were working long hours in the Signal shops repairing equipment as quickly and safely as possible to get it back in service so that families could get the help they needed and the community could get back to work. It was devastating to see all of the destruction left behind by Sandy. At the same time though, we saw members performing heroic acts and being fully dedicated to getting our Signal and Communication Systems repaired and then continue to work for hours testing and inspecting each system and then finally being able to call in to say the system is back in service. Our members were recognized, both Brothers and Sisters of the BRS, for doing the extraordinary and when asked why they worked so hard to get the Signal System back working safely, they simply said, “I did what everyone did.” In our eyes, these members at PATH, NJT, LIRR, and Amtrak are heroic in every way. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 37 CONVENTION REPORT OF — Kelly A. Haley Vice President assigned to Headquarters Convention report of Kelly Haley, Vice President Headquarters, covering activities from January 1, 2010, through March 31, 2014. At the beginning of this reporting period, Jerry C. Boles held the position of Vice President Headquarters, after his reelection at the 2010 Convention. That changed on October 10, 2011, when Brother Boles was elected to fulfill the unexpired term of SecretaryTreasurer Walt Barrows, who resigned his position to accept an Obama-appointment as the Labor Member on the Railroad Retirement Board. I was elected to Vice President NRAB at the 2010 Convention and subsequently elected to Vice President Headquarters to fulfill the unexpired term vacated by Jerry Boles’ election to Secretary-Treasurer. This report covers both those positions I filled during the reporting period. I attended the Brotherhood’s 50th Regular Convention July 26–30, 2010, in Orlando, Florida, where I was elected to my first full term as Vice President NRAB. During the year I served as Vice President NRAB, my duties included day-to-day claim and grievance pro- cessing, as well as participating as the BRS Labor Member before various Public Law Boards, Special Boards of Adjustment, and National Railroad Adjustment Boards. KELLY A. HALEY My main duties Vice President Headquarters throughout the reporting period include the administration and improvement of claim and grievance handling procedures. As a member of the Review Committee, I reviewed all unsettled disputes referred to Grand Lodge under Article I, Section 64, of the BRS Constitution. I prepared and reviewed submissions for cases scheduled for arbitration at the National Railroad Adjustment Board, Public Law Boards, and Special Boards of Adjustment, as well as researched and prepared for special arbitrations. I presented arguments before the NRAB and PLBs in cases supplemental to the ones presented by the current BRS member at the Board. I attended meetings and was a member of the Section 3 Rail Labor Subcommittee1. I assisted Local Chairmen and General Committee Officers on grievance issues, claims, and appeals, and provided results of research on arbitration decisions when required. I reviewed agreements, researched past agreements, and assisted with advice and language when requested. I attended all Grand Executive Council meetings and attended meetings of Local Lodges and General Committees, as assigned. I attended Accident Investigation Orientation for Section 3 of the Railway Labor Act (45 USC §153) — A 1934 amendment to the Railway Labor Act, adding Section 3 which established the National Railroad Adjustment Board consisting of four Divisions, each handling grievances from specific crafts or classes of employees. The Third Division covers maintenance of way employees, signal employees, clerks, and dispatchers. The other three Divisions cover other railroad crafts. 1 38 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Rail Professionals training in order to be qualified by the National Transportation Safety Board to join the NTSB on railroad accident investigations. During this reporting period, I worked closely with Vice President NRAB John Bragg and Grand Lodge Representatives Jim Finnegan and Tim Tarrant to revise and continually improve the Local Chairman’s Training program. We held Local Chairman’s Training as follows: • March 19–20, 2010 Front Royal, VA • October 7–9, 2010 Front Royal, VA • June 17–18, 2011 Front Royal, VA • July 28–29, 2011 Front Royal, VA • September 9–10, 2011 Front Royal, VA • April 20–21, 2012 Front Royal, VA • August 3–4, 2012 Front Royal, VA • October 9–10, 2012 New York City, NY • October 25–26, 2012 Pigeon Forge, TN • November 9–10, 2012 Front Royal, VA • Nov. 30–Dec. 1, 2012 Las Vegas, NV • March 15–16, 2013 Front Royal, VA • June 14–15, 2013 Front Royal, VA • October 4–5, 2013 Front Royal, VA Brother Jerry Boles and Kelly Haley both filled the Vice President Headquarter position during this reporting period. Each fulfilled their duties as Vice President Headquarters by attending, presenting, and preparing curriculum for General Chairman’s meetings and training: • August 23–26, 2011 Dawson, PA • October 4–5, 2012 Front Royal, VA • August 6–9, 2013 Dawson, PA I assisted with Recording-Financial Secretary training as needed, specifically, I was responsible for the training on the Membership Tracking database system when my schedule permitted as follows: • March 24–26, 2010 Front Royal, VA • February 23–25, 2012 Front Royal, VA • April 26–28, 2012 Front Royal, VA • June 28–30, 2012 Front Royal, VA • November 15–17, 2012 Front Royal, VA • March 7–9, 2013 Front Royal, VA • June 6–8, 2013 Front Royal, VA • October 10–12, 2013 Front Royal, VA I served as Trustee of Local 236, when that Local was temporarily placed in trusteeship by the Grand Executive Council, from March 19, 2012, until January 20, 2013. As Vice President Headquarters, I continue to jointly administer, with Vice President NRAB John Bragg, the Arbitration Department. We continuously strive to improve the claim and grievance handling procedures. I continue to serve on Fatality Analysis of Maintenance-of-Way Employees and Signalmen (FAMES) workgroup as a Labor member of the committee. More information is available on our website at www.brs.org. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 39 I continued to develop and refine the BRS Membership Tracking, Grievance Tracking, and other database systems for use by officers and staff at Grand Lodge and field officers. I made various modifications to those systems to meet our existing and changing needs with specific focus on user accuracy and efficiency. I also maintain the office network and computer systems at Grand Lodge Headquarters. Union Privilege: The Union Privilege Liaison duties were reassigned from Joe Mattingly, Vice President Midwest, to Kelly Haley in early 2011. I have attended the Union Privilege Liaison meetings and reviewed the various program benefits and program modifications as needed. I also review and approve all program mailings Union Privilege sends to members. A few of the programs reviewed and approved during this reporting period include the Union Plus Credit Card, Union Plus Program for Senior Life Insurance, Accidental Death Insurance, Union Plus Motor Club, Union Plus AT&T Wireless Discount Program, Hospital Accident Protection Program, Union Plus Mortgage Program, Union Plus Auto Insurance Program, and others. Additional information on Union Plus can be found on page 82 in this report and on the Union Plus website, www.unionplus.org. RSAC: On October 31, 2011, President Pickett assigned Vice President Kelly Haley, previously an alternate RSAC member, as a member on the Railroad Safety Advisory Committee (RSAC), replacing Vice President Joe Mattingly, who was assigned to fill the alternate RSAC member slot. We are currently allotted two voting members on the RSAC; President Pickett serves as the other voting member. During this period, I represented the BRS at numerous RSAC meetings. Other duties: • Reviewed, corrected, and drafted Bylaws for Local Lodges and General Committees, as requested. All Bylaws require the President’s approval before becoming effective. I worked closely with President Pickett, and at his direction, verifying that all Local- and General Committee-approved Bylaw revisions submitted were in compliance 40 Brotherhood of Railroad Signalmen — 2014 Officers’ Report with the BRS Constitution and various Labor laws. • Served on the Job Responsibility Study Committee as was established in the last National Agreement. • Fulfilled various assignments and prepared written responses as needed and directed by the President. • Designed workflow and process for office-wide scanning project to archive older paper files currently in storage at Grand Lodge. Each file is being sent through an optical character recognition process and indexed so that it is searchable. The project is estimated to take at least a year to complete, but the result will make huge strides in our long-term operational efficiency when trying to locate older documents. • Attended Labor/Management Section 3 Committee meetings. • Attended various IT Director meetings at the AFL-CIO headquarters as schedule permitted. • Performed general administrative duties as required at Grand Lodge Headquarters. CONVENTION REPORT OF — Mark J. Ciurej Vice President assigned to the Western Region This report covers activities from October 1, 2010 through March 31, 2014. The position of Vice President West is assigned to work with the two largest General Committees in the BRS, representing 43 percent of our membership: the Union Pacific General Committee (UPGC) with 2,898 members, represented by Locals 8, 9, 19, 24, 34, 39, 43, 72, 92, 98, 99, 108, 111, 126, 130, 132, 141, 152, 153, 155, 157, 168, 174, 179, 182, 206, and 229; and the Burlington Northern Santa Fe General Committee (BNSFGC) with 2,146 members, represented by Locals 20, 21, 33, 87, 119, 121, 129, 154, 156, 161, 172, 173, 185, and 188. The UPGC represents employees on the following former properties: UP, SP, MP, C&NW, SSW, D&RGW, TP, KATY, and the Idaho and Sedalia Railroad Co., LLC (Former Union Pacific Signal Shops in Springfield, MO). BNSFGC represents employees on the following former properties: BN, CB&Q, ATSF, NP, GN, FW&D, KCT, SLSF and SP&S. In addition, BNSFGC represents employees on the KCS (includes GWRR, South Rail Corp. Mid-South and Tex-Mex), DW&P, and Montana Rail Link, Inc. Agreements I served as part of the negotiating team on the last round of National Bargaining after assuming office on October 1, 2010, upon retirement of Vice President West, George Jones. Negotiations began in December 2009. During the negotiations, the BRS joined a coalition of five other unions (IBB, SMWIA, BMWEDIBT, BLET-IBT, and SEIU) called the Rail Labor Bargaining Coalition (RLBC). After two years of little progress, the RLBC applied for mediation with the National Mediation Board (NMB). Those negotiations lead to an impasse, and the NMB released the RLBC from mediation on September 6, 2011. President Obama then established PEB 243 before either side could engage in self-help. Hearings were held on October 13–20, 2011. The PEB Report included healthcare cost shifting that was phased in and eventually increased to match the UTU Agreement. However, we received a more generous wage package than the UTU Agreement, that, when compounded, added more than 20 percent in wages to our members. Additionally, PEB 243 recommended a non-binding study to address a responsibility differential based upon job responsibilities of BRS Signal Maintenance and Signal Installer employees. MARK J. CIUREJ Vice President West On November 17, 2011, the BRS and National Carriers’ Conference Committee (NCCC) reached a tentative six-year agreement, which was unanimously endorsed by the negotiating team, and unanimously ratified by the affected General Chairmen. The membership overwhelmingly approved the Agreement on February 2, 2012. The Agreement was signed on February 6, 2012, and shall remain in effect through December 31, 2014, and thereafter until changed or modified in accordance with the Railway Labor Act (RLA). No party shall serve or progress, prior to November 1, 2014, (not to be effective before January 1, 2015) any notice or proposal. KCS/GWWR/Mid-South/Tex-Mex Local Section 6 notices were served on July 14, 2010. Negotiations for these properties are handled locally by the General Chairman with assistance from this office. An agreement was reached on December 16, 2011, and will follow the National Agreement in effect subject to the provisions of Article 6, Section C, of the BRS National Agreement through November 1, 2014. New notices may be served on/after November 1, 2014, not to be effective prior to January 1, 2015. Provisions of the BRS National Agreement will apply to the respective KCS, Mid-South, GWWR, and TexMex Agreements. This was a rare occasion in which the negotiating team of General Chairman Mike Dake and Vice General Chairman Kelly Portlock was able to reach an agreement with this carrier prior to the National Agreement being ratified. Due to their diligence and hard work, we were able to accomplish the following agreement changes. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 41 This agreement increased the current rates of pay for KCS and GWWR Maintainers and Inspectors by $0.50 per hour, and $0.25 per hour for Maintainers and Inspectors on the Mid-South property. The KCS agreement amended the Scope Rule to include “stationary or fixed gas switch heaters and forced air blowers.” It also added “Detached Signalmen” classification with a starting pay rate of $25.36 an hour plus skill pay. A new paragraph was added to Rule 34 adding bid/ bump language to an open vacancy or new position was amended, Rule 59 increasing travel allowance to $22.00 per day when traveling less than 300 miles from home, and $30.00 per day for mileage traveled over 300 miles, subject to annual CPI adjustments. On GWWR the minimum call increased from 2 hours to 2.7 hours. Montana Rail Link Section 6 notices on MRL are handled locally by the General Chairman with assistance from this office. Negotiations are conducted collectively with the other non-operating crafts (BMWE, BRC, IAMAW, IBEW, NCF&O, and TCU). All the Crafts jointly negotiate pay, health and welfare, and quality of life issues. Each Craft then negotiates its own craft-specific provisions to reach a final agreement, which was accomplished on November 1, 2012, in full settlement of the Union’s Section 6 notice dated April 12, 2010. The next Section 6 notice cannot be served prior to April 1, 2016, not to become effective before January 1, 2017. This agreement provided general wage increases in line with the National Agreement with increases becoming effective starting on January 1, 2011, except for an additional $0.20 per hour increase to be rolled in on January 31, 2016, before calculating in the 3 percent increase. In addition to the pay increases, a $1,200.00 ratification payment was made to each eligible employee. Duluth, Winnipeg and Pacific (DW&P) Local Section 6 notice was served on June 14, 2010. Negotiations are handled locally by the General Chairman with assistance from this office. After more than three years of negotiations, an agreement was reached on November 8, 2013. The Agreement was sent out for ratification and was approved on January 2, 2014. This agreement provided the same general wage and insurance benefits as the National Agreement, as well as a 1 percent lump sum payment of straight-time earnings for the 12-month period November 1, 2010, through October 31, 2011, after application of the July 1, 2010, and July 1, 2011, general wage increases. This Agreement also provided a Memorandum of Agreement to allow BRS Wisconsin Central forces to perform signal construction work on the DW&P from December 31, 2013, to December 31, 2015, with a provision for either party to cancel this agreement after December 31, 2015, with a 30-day written notice. This Agreement provides that the Parties may serve and progress notices or proposals to amend the Agreement on or after November 1, 2014, not to become effective prior to January 1, 2015. Responsibility Study Committee I have attended all of the Responsibility Study 42 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Committee meetings with the NCCC which began on May 31, 2012. Once procedures were finalized, the Committee held field visits on the CSX in Atlanta, Georgia on April 10–11, 2013, and on the UP in St. Louis, Missouri, on September 25–26, 2013. The field visits included interviews of our signal craft members, as well as supervisors. We also looked at training facilities, dispatching centers, and signal installations in the field. Meetings are being scheduled for other Class I properties to give the Committee a clear understanding of the responsibility our members are faced with every day maintaining, testing, and repairing signal systems under their care, which will be used to support our position at the next round of national bargaining. Organizing Chicago, Ft. Wayne & Eastern (CF&E) On January 27, 2011, the National Mediation Board (38 NMB No. 27, Case No. R-7266), certified the BRS as the duly designated and authorized party to represent for the purpose of the RLA, the craft or class of Signalmen on the CF&E. This former Rail-America property, now Genesse & Wyoming, employs five Signal Maintainers. On October 10, 2011, a tentative agreement was reached, which established two classifications (Signal Maintainer and Signal Inspector), whose monthly rate was changed to an hourly rate. For the Maintainer, this conversion increased the rate of pay from $19.23 to $24.00 an hour, plus time and one-half for all hours worked in excess of 40 hours per week. The Agreement also established payment for noon-day meals when working off territory, and a meal payment after working more than ten consecutive hours. This Agreement went into effect on November 1, 2011, and remains in effect through December 31, 2016, and thereafter until changed or modified in accordance with the RLA. No party can serve any notice or proposal for changing the provisions of this agreement prior to October 1, 2016. Organizing Relco Locomotive Relco is a locomotive and rail car repair plant located in Albia, Iowa, with an average workforce of 100 employees. Organizing efforts started in 2009, and the election was lost due to the unlawful firing of four employees wanting to be organized. These dismissals from service were reported to the National Labor Relations Board (NLRB), which in turn charged Relco with violations of Section 8(a)(3), (4) and (1) of the National Labor Relations Act. Those violations were sustained by an Administrative Law Judge in March of 2011. At this time, a total of ten employees at this plant have been wrongfully dismissed. Relco appealed those dismissals all the way to the United States Court of Appeals for the Eighth Circuit in Minneapolis, Minnesota (8th Cir. Nos. 12-2111 & 12-2203). On August 27, 2013, the Board notified Relco that the Court sided with the NLRB. The Board ordered Relco to comply with its orders to provide back-pay, reinstatement, expunge from its records any reference of the unlawful disciplines, performance reviews, discharges, and to rescind all nondisclosure agreements, and other company rules that prohibit employees from engaging in protected union or concerted activities. The NLRB has notified me that Relco has failed to follow the above orders, and has now gone back to Court for enforcement. Montana Western The BNSF General Committee is still in the process of reacquiring the signal maintenance and construction work on this former property, located on the Copper City Subdivision. Between 1986 and 2003, this subdivision was operated by the Montana Western Railroad. It was returned to BNSF ownership in 2003. Employees are currently represented under a railroader agreement by the UTU. On April 8, 2005, the NMB issued its final ruling that the craft or class of Signalmen applies on the entire BNSF system, including the former Montana Western property. In an effort to resolve this dispute, on June 15, 2012, the Organization filed a claim under the UTU Agreement stating that the Carrier violated Article 23.4. This section states, “If there is a final, authoritative ruling that BNSF craft or class lines apply on the former Montana Western property, this agreement will be wound down in an orderly fashion.” The remedy asked for the Carrier to advise when the parties may meet to determine how to wind down the UTU Agreement. On August 21, 2013, the Carrier tried, and failed, to establish a new and dangerous interpretation of New York Dock (NYD), with a NYD arbitration hearing that was held concerning this property in Chicago, Illinois. On November 6, 2013, Chairman/ Neutral Member Marty Zusman gave his decision in Brotherhood of Railroad Signalmen — 2014 Officers’ Report 43 arbitration case: NYD: Article I, Section II Montana Western, STB Finance Docket No. 34330, stating, “There are many other issues raised herein by the parties to this dispute that are beyond the right of this committee to decide. There has not been a notice served. There is not a coordination occurring by any process covered by NYD. There is no implementing agreement. Article I Section 4 has not been initiated. No claims for protection have been submitted before this committee. There is nothing to interpret, apply or enforce whose origin gains legitimacy from the provisions of NYD. Accordingly, the questions submitted have been answered.” This Award does not affect the NRAB process on the claim over the “wind-down” provision, or the Committee’s option to file a Section 6 notice on the 2004 UTU Agreement, as it applies to the craft or class of Signalmen on the Montana Western. Nebraska Northeastern Line (NENE) On October 18, 2011, the STB [Docket No. FD 35644] issued a decision to allow BNSF to re-acquire and operate a 120-mile line between Ferry Station and O’Neill, Nebraska, formerly operated by the NENE. The STB’s exemption for the transaction took effect on November 17, 2012. On November 26, 2012, Carrier notified the Organization that it anticipated that sometime in 2013 it would serve a Section 4 notice, under New York Dock, to integrate the former NENE operation into the existing BNSF operation. As of this date, the Carrier has not served a Section 4 notice, and continues to use a contractor to perform signal work on this line. A claim for this work was filed and denied, waiting on conference. It must be noted that the BMWED filed a complaint in District Court (Civil Action No. 8:13-ev-249) on August 16, 2013, as a violation of Section 2 First and Seventh of the Railway Labor Act, asking the Court to enjoin the Carrier from failing and refusing to apply the CBA on this line. The Court ruled this to be a minor dispute and subject to arbitration. As of March 1, 2014, the Carrier has made an agreement with the BMWED to perform maintenance and construction work on this former property. We have requested to meet with the Carrier over this issue, but it has not yet responded with any dates. 44 Brotherhood of Railroad Signalmen — 2014 Officers’ Report National Transportation Safety Board Investigations Since taking office, I have attended, as a third party investigator representing the BRS, three accidents with the NTSB, as follows: • On May 24, 2011, there was a collision between two CSXT freight trains when a northbound train struck the rear end or a northbound train at Mile Post SG 314.0 in Mineral Springs, North Carolina, at 3:35 a.m., resulting in the death of two trainmen. NTSB No: DCA 11 FR 004. • On February 28, 2012, there was a grade crossing accident involving an Amtrak train colliding with a vehicle at Bissell Avenue, Granite City, Illinois at 11:58 a.m., while signal crossing maintenance was being performed at this crossing. This accident resulted in the death of the lone passenger of that vehicle. NTSB No: DCA 12 FR 004. • On November 15, 2012, there was a grade crossing accident involving a UP train and a flatbed trailer at Garfield Street, Midland, Texas, at 4:35 p.m. The flatbed tractor trailer was carrying 24 people seated on the trailer as part of a parade honoring Veterans. Four individuals suffered fatal injuries, five others sustained serious injuries, and 11 others were treated and released at the scene. AFL-CIO State Federations At the last Convention, due to the important need of our Locals to join the AFL-CIO State Federations due to commuter rail expansions in Florida, and almost every other state in this country, Grand Lodge committed to pay for half of the Locals’ monthly dues, if they joined the AFL-CIO State Federations where their members live. I am proud to state that numerous BNSF and UP General Committee Locals have joined the AFLCIO State Federation in almost every state west of the Mississippi. I was able to attend Local meetings where the President of the AFL-CIO State Federations from Colorado, Iowa, Missouri, Montana, Nebraska, Oregon, and Texas, were invited to explain the benefits of joining their Federation. At this time, there are many high-speed/commuter projects in the works in numerous states, and being affiliated with the AFL-CIO State Federations is needed to preserve our work whenever possible. At the state level, workers’ rights are under constant attack, such as changing child labor laws, right-to-work legislation, cuts in wages, dissolving pension funds in the private and public sector, etc. A united front is vital to stopping this attack against all of labor in this country. Carrier Policies It seems that a month does not go by without the Carriers’ implementing a new policy directly attacking our members’ rights and our collective bargaining agreements. Both Committees have requested numerous conference calls to discuss those policies to see if they crossed the line between a major or minor dispute. One such policy on the UP was deemed a “major dispute” by the BRS, when on July 16, 2013, the Carrier issued a new meal policy restricting the five rules in the agreement that provided for actual and necessary meal reimbursement, by limiting expenses for meals to $30.00 a day maximum reimbursement. To put it another way, the Carrier unilaterally created a daily perdiem rate for reimbursement of meals without negotiating this change to the CBA with the Organization. After numerous meetings with the Carrier in an attempt to get them to recind this policy, the Organization, on September 25, 2013, filed with the US District Court, District of Nevada, BRS v UP (3:13-cv-00526) for a declaratory order that the UP violated Section 2 Seventh and 6 of the Railway Labor Act, 45 USC § 152 Seventh and 156. The BRS respectfully requested the court to declare the UP’s refusal to reimburse employees for meals in accordance with the Agreement constitutes an abrogation and unilateral change to the parties’ 2010 Agreement and violates Section 2 Seventh and 6 of the Railway Labor Act; and to preliminarily enjoin UP from ignoring its duty to reimburse employees for meals in accordance with the 2010 Agreement. Again, after several meetings on this issue, the parties were unable to resolve this dispute. On October 23, 2013, the Organization, by letter, notified the Carrier that it was prepared to exercise self-help by engaging in a strike, work stoppage, picketing or other self-help against the Carrier some time on or after November 11, 2013, due to the Carrier’s unilaterally imposed meal expense policy. Due to this action, the Carrier immediately filed for a preliminary injunction with the Court; and most importantly, revised their meal policy on November 1, 2013, to allow for meals in excess of $30.00 a day. On November 19, 2013, the Court (Chief Justice Robert C. Jones) notified both parties that the motion hearing for preliminary injunction was scheduled for December 9, 2013, at Reno, Nevada. During this hearing, the Court ruled that this issue was a minor dispute since the Carrier rescinded their arbitrary $30.00 per day per-diem allowance. However, following testimony and closing statements, the Judge pointed out three areas concerning the Carrier’s existing meal policy that were troubling to him if he was the arbitrator assigned to this dispute. The Courts’ opinion on this meal policy will be extremely beneficial in any future arbitration cases concerning meal reimbursement where an agreement states, “actual and necessary” for meal expenses. In closing my report, this industry has changed dramatically in the last four years. Installation of PTC is well on its way. The Carriers have increased the monitoring of our members by installing a product called “Tellematics” that monitors the use of the company vehicle including seatbelt compliance, speed, location, if tool bins are open, rail wheels down, boom in use, etc. BNSF is also installing drive cameras that look forward and into the cab of the vehicle. Discipline issued to our members on the BNSF has increased to record numbers, and even though a large percentage of those cases have been overturned by the Board, they continue to be heavy-handed and closed-minded to any change. Hopefully in the future we can convince them that they can create a better and more productive work force if our members are allowed to work without having to constantly worry that they will be dismissed from service for a minor mistake or rule infraction. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 45 CONVENTION REPORT OF — John D. Bragg Vice President assigned to the National Railroad Adjustment Board (NRAB) The following report covers activities from April 1, 2010, through March 31, 2014, for Vice President NRAB John D. Bragg. At the beginning of this term, Kelly Haley held the position of Vice President NRAB. On October 10, 2011, that changed when Brother Haley was elected to Vice President Headquarters and I was elected to Vice President NRAB. ing meetings from 20122014. Since 2012, we have conducted nine Local Chairman Training sessions. I attended the BRS 50th Regular Convention, July 26–30, 2010, in Orlando, Florida, where I was appointed by President Pickett to serve as the Brotherhood’s Director of Research. Since my election to Vice President, I have participated as the BRS Labor Member in 27 arbitration hearings involving various Public Law Boards (PLB), Special Boards of Adjustment (SBA), and hearings held at the National Railroad Adjustment Board (NRAB) in Chicago, Illinois. I participated as Labor Member in one arbitration hearing concerning the National Labor Relations Act. I have attended Labor/Management Section 3 Committee meetings and Labor’s Section 3 Sub-Committee Meetings and attended regular Labor Member’s meeting at the NRAB. I attended meetings with the National Mediation Board (NMB). I also attended Railroad Organizations Arbitration Review (ROAR) meetings. I attended and participated in the following meetings: My regular duties as Vice President NRAB involve overseeing and improving claim and grievance handling procedures with General Committees and Locals. I am part of the Review Committee designated by President Pickett to review all unsettled disputes which have been submitted to Grand Lodge for further handling. I review and approve all submissions which are prepared by Grand Lodge Representatives Finnegan and Tarrant. I have provided research and guidance for BRS Legal Counsel. I performed administrative duties, research, and preparation for presenting disputes to the NRAB, Public Law Boards, Special Boards of Adjustment, and labor disputes under the National Labor Relations Act. I attended regular meetings of Local Lodges and General Committees when requested. I attended and participated in advanced training seminars conducted by other Labor Organizations. I was responsible for scheduling and conducting all Local Chairmen’s train46 Brotherhood of Railroad Signalmen — 2014 Officers’ Report JOHN D. BRAGG Vice President NRAB • BRS Executive Council meetings • Local Chairmen and General Chairmen training programs • Orientation meetings with new referees • NRAB Labor Member meetings • Labor/Management Section 3 Committee meetings • Labor’s Section 3 Sub-Committee meetings • ROAR meetings • NRAB meetings • NRAB adoption sessions • NMB meetings • NAA meetings • NMB Mediation Hearings • NARR meetings Section 3 Committee The Section 3 Committee is comprised of Labor and Management representatives from Class 1 freight railroads and commuter carriers. This Committee is charged with the responsibility to provide input to the National Mediation Board and implement guidelines for the handling of disputes. The Committee made several suggestions regarding the handling of disputes between the parties. During several meetings with the NMB, the Section 3 Committee sought to improve procedures for case handling that were unilaterally implemented by the NMB. The Section 3 Committee felt that some of the procedures set forth by the NMB potentially undermined the prompt and orderly settlement of minor disputes. The Committee expressed special interest on three particular changes implemented by the NMB: 1. Approval of funding for “Further Discussion” or “Executive Sessions” of minor disputes. 2. Monthly allocation of funding by the NMB for Section 3 cases. 3. The unilateral change by the NMB that requires arbitrators to render decisions on cases in three months instead of six. The Committee monitored six-month time limit for arbitrators to render a decision after hearing a case. In over 75% of the cases that were heard involving all Labor Organizations, the arbitrators complied with the six month rule. The Section 3 Committee felt that it was unnecessary to put additional pressure on arbitrators which could affect the quality of awards, particularly in complex contract interpretation cases that will have a long-term effect on the relationship of the parties. The monthly allocation of funds by the NMB turned the case listing process into a virtual lottery as the parties vied for the Section 3 funds that were made artificially scarce by the NMB’s well-intentioned, but ultimately counterproductive, allocation scheme. The NMB predicted that two-month waiting periods would result from its monthly allocation scheme. The Section 3 Committee asked, “Why should the parties wait an additional two months to have an out of service case heard when Congress has appropriated funds to resolve such disputes?” This is particularly true with respect to expedited discipline boards which could result in the resolution of out of service cases in less than two months in the absence of the NMB’s monthly allocation policy. Also, during this reporting period, the NMB essentially stopped all arbitration activity for periods of two to three months every year because of inadequate funding. The result of Government shutdowns and an ever decreasing budget required the NMB and NRAB to work under Continuing Resolutions. During this period of Continuing Resolution, the number of cases presented to arbitrators was severely limited. While a reduced number of cases were presented during this time, the arbitrators were not allowed any travel authority, and they were limited in the number of days to work in a given month. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 47 BRS Designated Council When Signalmen suffer a work-related injury or illness, BRS members or their families are encouraged to determine their rights and benefits under the Federal Employers’ Liability Act before agreeing to any settlement with the railroad employer. The Brotherhood of Railroad Signalmen has designated the attorneys listed in this directory to serve as qualified counsel for BRS members in employee injury cases covered by FELA. Attorneys are listed by state and are designated to serve BRS members living or working in the general region of their offices. Designation of FELA counsel is by authority of the BRS Executive Council only. BRS members are encouraged to provide information regarding FELA cases, including criticism or commendations regarding the service of designated counsel, and information on injuries and settlements. This information, which will be used in the continuing evaluation of this program, should be sent to W. Dan Pickett, President, Brotherhood of Railroad Signalmen, 917 Shenandoah Shores Road, Front Royal, VA 22630-6418. ALABAMA W.C. Tucker, Jr. Maples, Tucker & Jacobs, LLC 2001 Park Place North Suite 501 Birmingham, AL 35203 Tel. (205) 322-2333 www.mtandj.com Arizona Lloyd L. Rabb, III Rabb & Rabb, PLLC 1575 E. River Road Tucson, AZ 85718 Tel. (520) 888-6740 800-354-3352 www.1stinjurylaw.com CALIFORNIA John D. Gilbert Law Office of John D. Gilbert 2173 Salk Avenue Suite 250 Carlsbad, CA 92008 (760) 579-7604 800-499-9904 Jay A. Kaplan Kaplan Law Corporation 111 W. Ocean Blvd. Long Beach, CA 90801 Tel. (562) 435-8300 800-552-7526 www.kaplanlawcorp.com Anthony S. Petru Hildebrand, McLeod & Nelson Westlake Building 350 Frank H. Ogawa Plaza 4th Floor Oakland, CA 94612-2006 Tel. (510) 451-6732 800-447-7500 www.hmnlaw.com COLORADO John J. Rossi Rossi Vucinovich PC 3801 E. Florida Avenue Floor 4 Denver, CO 80210-2500 Tel. (303) 759-3500 800-325-4014 www.rcvpc.com 1000 Second Avenue Suite 1610 Seattle, WA 98104 Tel. (425) 646-8004 866-357-RAIL (7245) DISTRICT OF COLUMBIA Larry Mann Alper & Mann, PC 9205 Redwood Avenue Bethesda, MD 20817 Tel. (202) 298-9191 800-747-6266 FLORIDA Alva A. Hollon, Jr. Sams & Hollon, PA 9424 Baymeadows Road Suite 160 Jacksonville, FL 32256 Tel. (904) 737-1995 800-327-4552 MASSACHUSETTS MISSOURI TEXAS Thornton & Naumes, LLP 100 Summer Street 30th Floor Boston, MA 02110 Tel. (617) 720-1333 800-431-4600 www.tenlaw.com Jones, Granger, Tramuto, & Halstead www.jonesgranger.com Robert T. Naumes P. Matthew Darby Berman, Sobin, Gross, Feldman & Darby LLP 32 West Road Suite 210 Towson, MD 21204 Tel. (410) 769-5400 800-248-3352 www.bsgfdlaw.com Bauer & Baebler, PC 1716 South Broadway St. Louis, MO 63104-4049 Tel. (314) 241-7700 800-682-4529 www.raillaw.com NEBRASKA See Minnesota MICHIGAN Arvin J. Pearlman Arvin J. Pearlman & Associates, PC 24725 W. 12 Mile Road Suite 220 Southfield, MI 48034 Tel. (248) 356-5000 Howard A. Spier Rossman Baumberger Reboso 800-272-5400 www.pearlpi.com Spier & Connolly, PA 9155 S. Dadeland Blvd. Suite 1200 MINNESOTA Miami, FL 33156 Randal W. LeNeave Tel. (305) 373-0708 Hunegs, LeNeave 800-775-6511 & Kvas www.rbrlaw.com 1000 Twelve Oaks Center Drive ILLINOIS Suite 101 Daniel Petro Wayzata, MN 55391 The Petro Law Firm Tel. (612) 339-4511 180 N. Wacker Drive 800-328-4340 Suite 300 www.hlklaw.com Chicago, IL 60606 Tel. (312) 332-9596 6035 Binney Street 800-472-5729 Omaha, NE 68104 Tel. (402) 341-2020 Daniel J. Downes 800-342-3352 Ridge & Downes 101 N. Wacker Drive Yaeger & Weiner, PLC Suite 200 Gregory T. Yaeger Chicago, IL 60606 2701 University Avenue SE Tel. (312) 372-8282 Suite 202 800-624-2121 Minneapolis, MN 55414 www.ridgedownes.com Tel. (612) 345-9797 MARYLAND Drew C. Baebler MISSOURI Gene C. Napier Hubbell Law Firm, LLC Union Station 30 West Pershing Road Suite 350 Kansas City, MO 64108-2463 Tel. (816) 221-5666 800-821-5257 www.hubbellfirm.com NEW YORK Weldon Granger Robert M. Tramuto 10000 Memorial Drive Suite 888 Houston, TX 77210 Tel. (713) 668-0230 800-231-3359 Marc Wietzke UTAH OHIO Hatch, James & Dodge, PC 10 West Broadway Suite 400 Salt Lake City, UT 84101 Tel. (801) 363-6363 800-574-6310 www.hjdlaw.com Flynn & Wietzke, PC 1205 Franklin Avenue Garden City, NY 11530 Tel. (516) 877-1234 866-877-3352 www.felaattorney.com Andrew J. Thompson, Esq. Shapero | Roloff Co., LPA U.S. Bank Centre 1350 Euclid Avenue Suite 1550 Cleveland, OH 44115 Tel. (216) 781-1700 800-321-9199 www.shaperoroloff.com PENNSYLVANIA Mitchell A. Kaye Brent O. Hatch VIRGINIA Willard J. Moody, Sr. The Moody Law Firm, Inc. 500 Crawford Street Suite 200 Portsmouth, VA 23704 Tel. (757) 393-4093 800-368-1033 www.moodyrrlaw.com C. Richard Cranwell Coffey, Kaye, Meyers & Olley Two Bala Plaza Suite 718 Bala Cynwyd, PA 19004 Tel. (610) 668-9800 800-334-2500 www.felaattys.com Cranwell, Moore & Emick, PLC 111 W. Virginia Avenue Vinton, VA 24179 Tel. (540) 904-1621 888-635-6304 www.cranwellmoorelaw.com Michael Y. Kleeman George A. Thornton Kleeman & DiGiovanni, PC 1819 John F. Kennedy Blvd. Suite 350 Philadelphia, PA 19103 Tel. (215) 963-0187 800-221-5697 www.kleemanlawfirm.com TEXAS Sara Youngdahl WASHINGTON Thornton Mostul, PLLC 1000 Second Avenue Suite 3200 Seattle, WA 98104 Tel. (206) 621-0600 800-525-3352 www.nwrrlaw.com See Colorado The Youngdahl Law Firm, PC 4203 Montrose Drive Suite 280 Houston, TX 77006 Tel. (281) 996-0750 866-996-0750 www.youngdahl.com Brotherhood of Railroad Signalmen — 2014 Officers’ Report 49 Regular Convention Official Publications The BRS publications have been under the direction of two editors since the 2010 Convention. At the beginning of this reporting period, Jerry Boles managed the day-to-day operations of the Publications’ Department along with his other duties as Vice President Headquarters. When Brother Boles was elected to the office of Secretary-Treasurer in October 2011, Kelly Haley took over those duties when he was elected to fill Brother Boles’ vacated position, Vice President Headquarters. Brother Haley has previous experience with The Signalman’s Journal and other publications as he served as the BRS Publications Editor/Communications Director between 2001 and 2008. Brother Haley is also responsible for the BRS website — www.brs.org. The Signalman’s Journal The Signalman’s Journal, the official publication of the Brotherhood of Railroad Signalmen, is now in its 95th year of publication, the Journal strives to fulfill its original mandate to “publish such information as will be helpful and beneficial to the members of our craft.” The Signalman’s Journal is published quarterly. Regular features appearing in The Signalman’s Journal include the President’s Column, the Officers’ Directory, the Benefits Directory, a list of BRS-designated counsel in the FELA Directory, a listing of Signalmen receiving service pins in the Continuous Membership column, Obituaries, the AFL-CIO Do-Buy and Don’tBuy lists, and the Signalman’s Store. The Washington Report highlights the work and progress of the BRS Legislative Department. The purpose of the Washington Report is to inform and educate BRS members regarding political topics that are important to our craft and the labor movement as a whole. Feature Journal articles include photos and 50 Brotherhood of Railroad Signalmen — 2014 Officers’ Report reports from the BRS Convention, General Committee meetings, Local meetings, and joint and regional meetings. Also included are reports on national KELLY A. HALEY and local negotiaVice President Headquarters tions, federal legislation, and court decisions affecting Signalmen and their families, Railroad Retirement issues, and activities related to rail safety, especially rail safety initiatives involving the FRA. BRS publications also feature articles on training programs, BRS members at work, and other activities and events concerning officers and members. There have also been occasional Journal features highlighting the Union Plus credit card, mortgage, and legal service programs available to members. Member benefits regarding the Union Plus program can also be found on the Union Plus website at www.unionplus.org. The Signalman’s Journal Update — Discontinued The Committee on Laws, at the 2010 Brotherhood of Railroad Signalmen’s 50th Regular Convention, recommended discontinuance of The Signalman’s Journal Update. The Update, a quarterly issued, 4 to 8-page newsletter, focused on news and events important to the craft of signaling and other topics important to the rail industry. Due to the popularity and economical advantages of using electronic communication over print publication, the delegates voted to terminate publication of the Update. In the third quarter of 2010, the Organization mailed its final issue of the Update to its members. Publishing The BRS produces and completes the layout of The Signalman’s Journal and other needed publications in-house. The printing of The Signalman’s Journal is handled by Peake DeLancey Printers, LLC., a union printer located in Cheverly, Maryland. Distribution The Signalman’s Journal is mailed directly from our printer to all active and retired BRS members, numerous members of Congress, other labor organizations, and select railroad officials. Individuals paying a seniority retention fee are not entitled to a subscription to The Signalman’s Journal but may purchase a subscription for $10 per year. Circulation is currently 15,539, up from 14,014 as reported in the 2010 Officers’ Report. Past Journal issues can also be found posted on the BRS website in the public area. Photo Contest The Signalman’s Journal continues to host an annual photo contest, publishing photographs submitted by BRS members, depicting railroad scenes of signal equipment and Signalmen at work. With the increasing popularity of high-resolution digital cameras and broadband internet connections, more and more of the photo entries are coming to us in file format over the Internet. All active and retired members are encouraged to enter the popular contest. Prizes for the winners of the annual contest continue to include merchandise and gift certificates to the Signalman’s Store. For the complete rules, please see the entry form published in each fourth quarter Journal issue. All photos submitted become the property of the BRS. Members may send their pictures to tme@brs.org for submission in the photo contest. We prefer highresolution digital files if possible. Photos that need scanning may be mailed to BRS Grand Lodge at: 917 Shenandoah Shores Road, Front Royal, VA 22630, Attention: Teresa Embrey. The Website During this reporting period, the BRS website, www. brs.org, was completely updated and redesigned. The website redesign began in March 2011 and was brought online during the third quarter of 2011. The website is updated frequently with articles affecting Signalmen, working families, and the rail industry. We are proud that we were able to find and use a unionized provider to fulfill our web hosting needs. Unions-America is a fully unionized internet service provider offering ISP services, web hosting, and e-mail to unions and their members. Unions-America employees are members of Teamsters Local 767-M. Website features: • Events Calendar • Agreement Posting Area for General Committees • BRS Constitution • Document Download Area • Members-Only Area • Member Alerts Page • Email Registration: All BRS members (active and retired) may sign up for a no-cost “@brs. org” email account • Photo Gallery • News Feeds Area: UnionActive news feed AFL-CIO news feed Union Plus news feed • User-Specific Location Weather Forecasts • Signalman’s Store • Online Store/Shopping Cart System (PayPal friendly) • FELA Directory Page The website features an online registration process for BRS members to register for access to the membersonly area and to sign up for a “brs.org” email account. All BRS members in good standing (active and retired) may have a “brs.org” email account at no charge so long as they continue to be members in good standing. Each email account is equipped with virus filtering and spam blocking. The accounts are capped at 150 MB total server space and individual emails are limited to 10 Megabytes. The account can be set up as a standard POP3 account, interfacing with Microsoft Mail, Outlook, or other POP3 or IMAP compatible email program, or it can be accessed as web-based email using a web browser at mail.brs.org. We do not provide technical support to set up or troubleshoot email accounts on individual computers; however, detailed setup instructions are available on the website for various email programs. Of our active members, about 1900 have signed up for the members-only area of the website, and about 300 members have signed up for their free email account. It normally takes only one business day to have a member’s account activated. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 51 Regular Convention BRS Conventions 1908–2014 1ST Altoona, Pennsylvania January 1908 27TH Cleveland, Ohio August 1944 2ND New York, New York April 1908 28TH Jacksonville, Florida August 1946 3RD Philadelphia, Pennsylvania August 1908 29TH Milwaukee, Wisconsin August 1948 4TH Buffalo, New York June 1909 30TH Hamilton, Ontario August 1950 5TH New York, New York June 1910 31ST Los Angeles, California August 1952 6TH Boston, Massachusetts June 1911 32ND Chicago, Illinois August 1954 7TH Pittsburgh, Pennsylvania June 1912 33RD Washington, D.C. August 1956 8TH Detroit, Michigan June 1913 34TH Miami, Florida August 1958 9 Hazelwood, Pennsylvania June 1914 35TH Denver, Colorado August 1961 10 St. Thomas, Ontario June 1915 36TH August 1964 11 Chicago, Illinois Montreal, Quebec June 1916 New Haven, Connecticut June 1917 Chicago, Illinois August 1967 12 37TH 13 Baltimore, Maryland June 1918 38TH Las Vegas, Nevada August 1970 TH 14 Kansas City, Missouri June 1919 39TH New Orleans, Louisiana 15TH Kansas City, Missouri July 1920 40TH Quebec City, Quebec August 1976 16TH Cincinnati, Ohio 41ST Chicago, Illinois August 1979 17TH St. Louis, Missouri September 1924 42ND San Francisco, California August 1982 18TH New York, New York September 1926 43RD Las Vegas, Nevada August 1985 19TH Chicago, Illinois August 1928 44TH Lake Buena Vista, Florida July 1988 20TH Denver, Colorado August 1930 45TH Las Vegas, Nevada July 1991 21ST Chicago, Illinois August 1932 46TH Las Vegas, Nevada July 1994 22ND Chicago, Illinois August 1934 47TH Cincinnati, Ohio July 1998 23RD Chicago, Illinois August 1936 48TH Las Vegas, Nevada July 2002 24TH Toronto, Ontario August 1938 49TH Las Vegas, Nevada July 2006 25TH Denver, Colorado August 1940 50TH Orlando, Florida July 2010 26TH New York, New York August 1942 51ST Las Vegas, Nevada July 2014 TH TH TH TH TH 52 October 1922 Brotherhood of Railroad Signalmen — 2014 Officers’ Report July 1973 Regular Convention Grand Lodge Headquarters The Headquarters of the Brotherhood of Railroad Signalmen is located at 917 Shenandoah Shores Road in Front Royal, Virginia. The office building was built in 2004, and is approximately 13,000 sq. ft. The BRS Headquarters office space is divided into a large conference room, a small conference room, ten individual offices, three secretarial areas, a reference library, a lunch room, a mail room, a computer room, a membership area, an archive room, storage rooms, and closets. The BRS Grand Lodge Headquarters is conveniently located just 76 miles west of Washington, D.C. The following officers and representatives occupy the Brotherhood’s offices in Front Royal: President W. Dan Pickett, In October 2010, BRS headquarters received a first Secretary-Treasurer Jerry C. Boles, Vice President place award for outstanding landscaping from the — Headquarters Kelly A. Haley, Vice President — Beautification of Front Royal Committee (BFRC) in NRAB John D. Bragg, Director of Research Michael recognition of the improvements to the landscaping S. Baldwin, and Grand Lodge Representatives Jim M. surrounding the headquarters building. BFRC is an Finnegan, and Timothy M. Tarrant. The headquarters organization dedicated to the pursuit of beautifying staff includes Mrs. Jillian Lasky, Executive Assistant the scenic and historic community of Front Royal, to the President; Mrs. Teresa Embrey, Executive Virginia. Communications Assistant to the President; Mrs. In January of 2013, the headquarters’ interior was Cynthia Haley, Executive Assistant to the Secretarypainted and the carpet was replaced. Treasurer; Mr. Gene Moore, Executive Accounting Assistant to the Secretary-Treasurer; and four staff perThe archive room remains an attraction to visitors sonnel whose responsibilities include arbitration, memand guests. This room contains the original 1902 bership, reception, and general office duties. charter for the Brotherhood’s first local lodge and the In addition to the Front Royal offices, the Brotherhood rents office space in Washington, D.C.; Denver, North Carolina; Trenton, Kentucky; Kansas City, Missouri; and Centreville, Virginia. Vice President Mark Ciurej and a part-time secretary are assigned to the Kansas City, Missouri, office. Vice President Floyd Mason and a part-time secretary are assigned to the Denver, North Carolina, office. Vice President Joe Mattingly and a part-time secretary are assigned to the Trenton, Kentucky, office. Vice President Dennis Boston and a part-time secretary are assigned to the Centreville, Virginia, office and National Legislative Director Leonard Parker is assigned to the Washington, D.C., office. Brotherhood’s 1914 certificate of affiliation with the American Federation of Labor. The BRS also displays historical photos of BRS officers and mementos from various conventions and meetings. Historical documents and records, including Convention records, are maintained in this office as well. BRS officers and staff members are always pleased to welcome members who take time to stop by, say hello, and see the Brotherhood’s Front Royal headquarters. We encourage the delegates of this 51st Regular Convention to convey that message to members of their local lodges upon returning home and while making reports on the Convention in forthcoming meetings. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 53 Regular Convention Occupational Safety and Health Administration The Occupational Safety and Health Administration (OSHA) was created with the passage of the Occupational Safety and Health Act of 1970. Its purpose is to protect the safety and health of the men and women in the United States workplace. The general duty of an employer under OSHA requires that a worker be provided a place of employment which is “Free from recognized hazards that are causing or are likely to cause death or serious physical harm.” If the workplace is unsafe, OSHA is violated. 1978 and, instead, a Policy Statement was issued. That document explained what the FRA considered to be within its jurisdiction, and what would continue to be enforced by the Department of Labor. OSHA should have jurisdiction over safety regulations and supply coverage where FRA regulations fail to address a subject matter. In general, where the subject matter relates to operation safety (i.e. safe movement of equipment over rails), the FRA will exercise its jurisdiction. All other aspects are enforceable by the Department of Labor where the conditions are similar to those in any other U.S. industry. In addition to the federal The general duty of an employer under railroad safety laws and regulations, railroad workOSHA requires that a worker be proers are covered under vided a place of employment which is the various occupational safety and health laws. “Free from recognized hazards that are The OSHA law covers causing or are likely to cause death or railroad workers where serious physical harm.” If the workanother Federal Agency has not exercised authority place is unsafe, OSHA is violated. over the particular working condition involved. Therefore, it is necessary to determine whether the FRA issued a rule or regulation over a specific working condition. If not, the OSHA laws are applicable. It should always be kept in mind that all of the working conditions of a railroad worker are subject either to the railroad safety laws or the OSHA law. The intent is that there should be no gaps in safety law coverage. Amendments to the Federal Rail Safety Act (FRSA) transferred authority for rail carrier employee whistleblower protections to OSHA, and now include new rights and remedies. These amendments include whistleblower protection for rail carrier employees who request medical attention. In the early 1970s, the Nation’s railroads challenged OSHA’s right to enforce any of its safety regulations in the railroad industry. During the middle 1970s, the FRA considered adopting the federal OSHA standards as FRA standards. However, that rulemaking was terminated in 54 Brotherhood of Railroad Signalmen — 2014 Officers’ Report For more information on OSHA, FRSA, or other employee whistleblower protection provisions, including copies of the statutes and regulations, go to www.osha.gov. FactSheet Whistleblower Protection for Railroad Workers Individuals working for railroad carriers are protected from retaliation for reporting potential safety or security violations to their employers or to the government. On August 3, 2007, the Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109, was amended by The Implementing Recommendations of the 9/11 Commission Act (Public Law 110-53) to transfer authority for railroad carrier worker whistleblower protections to OSHA and to include new rights, remedies and procedures. On October 16, 2008, the Rail Safety Improvement Act (Public Law 110-432) again amended FRSA, to specifically prohibit discipline of employees for requesting medical treatment or for following medical treatment orders. requesting medical or first-aid treatment, or for following orders or a treatment plan of a treating physician. Covered Employees • Demoting Under FRSA, an employee of a railroad carrier or a contractor or subcontractor is protected from retaliation for reporting certain safety and security violations. • Denying overtime or promotion Protected Activity • Intimidation If your employer is covered under FRSA, it may not discharge you or in any other manner retaliate against you because you provided information to, caused information to be provided to, or assisted in an investigation by a federal regulatory or law enforcement agency, a member or committee of Congress, or your company about an alleged violation of federal laws and regulations related to railroad safety and security, or about gross fraud, waste or abuse of funds intended for railroad safety or security. Your employer may not discharge or in any other manner retaliate against you because you filed, caused to be filed, participated in, or assisted in a proceeding under one of these laws or regulations. In addition, you are protected from retaliation for reporting hazardous safety or security conditions, reporting a work-related injury or illness, refusing to work under certain conditions, or refusing to authorize the use of any safety- or security-related equipment, track or structures. You may also be covered if you were perceived as having engaged in the activities described above. In addition, you are also protected from retaliation (including being brought up on charges in a disciplinary proceeding) or threatened retaliation for Adverse Actions Your employer may be found to have violated FRSA if your protected activity was a contributing factor in its decision to take adverse action against you. Such actions may include: • Firing or laying off • Blacklisting • Disciplining • Denying benefits • Failing to hire or rehire • Making threats • Reassignment affecting promotion prospects • Reducing pay or hours • Disciplining an employee for requesting medical or first-aid treatment • Disciplining an employee for following orders or a treatment plan of a treating physician • Forcing an employee to work against medical advice Deadline for Filing a Complaint Complaints must be filed within 180 days after the alleged adverse action occurred. How to File a Complaint A worker, or his or her representative, who believes that he or she has been retaliated against in violation of this statute may file a complaint with OSHA. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographic area where the worker lives or was employed, but may be filed with any OSHA officer or employee. For more information, call your nearest OSHA Regional Office: continued on page 56 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 55 • Boston (617) 565-9860 • Payment of backpay with interest. • New York (212) 337-2378 • Philadelphia (215) 861-4900 • Atlanta (404) 562-2300 • Compensatory damages, including compensation for special damages, expert witness fees and reasonable attorney’s fees. • Chicago (312) 353-2220 • Dallas (972) 850-4145 • Kansas City (816) 283-8745 • Denver (720) 264-6550 • San Francisco (415) 625-2547 • Seattle (206) 553-5930 • Punitive damages of up to $250,000. OSHA’s findings and preliminary order become a final order of the Secretary of Labor, unless a party objects within 30 days. Addresses, fax numbers and other contact information for these offices can be found on the Whistleblower Protection Program’s website, www.whistleblowers.gov, and in local directories. Complaints may be filed orally or in writing, by mail (we recommend certified mail), e-mail, fax, or hand-delivery during business hours. The date of postmark, delivery to a third party carrier, fax, email, phone call, or hand-delivery is considered the date filed. If the worker or his or her representative is unable to file the complaint in English, OSHA will accept the complaint in any language. Results of the Investigation If the evidence supports your claim of retaliation and a settlement cannot be reached, OSHA will issue a preliminary order requiring the appropriate relief to make you whole. Ordered relief may include: • Reinstatement with the same seniority and benefits. Hearings and Review After OSHA issues its findings and preliminary order, either party may request a hearing before an administrative law judge of the U.S. Department of Labor. A party may seek review of the administrative law judge’s decision and order before the Department’s Administrative Review Board. Under FRSA, if there is no final order issued by the Secretary of Labor within 210 days after the filing of the complaint, then you may be able to file a civil action in the appropriate U.S. district court. To Get Further Information For a copy of the statutes, the regulations and other whistleblower information, go to www. whistleblowers.gov. For information on the Office of Administrative Law Judges procedures, decisions and research materials, go to www.oalj.dol.gov and click on the link for “Whistleblower.” This is one in a series of informational fact sheets highlighting OSHA programs, policies or standards. It does not impose any new compliance requirements. For a comprehensive list of compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory impaired individuals upon request. The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627. For more complete information: U.S. Department of Labor www.osha.gov (800) 321-OSHA DEP 8/2010 56 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Regular Convention BRS Membership 2010–2014 After a four-year, 8.7 percent increase that started in 2006, BRS membership grew during all years of the four-year reporting period. For the four years following the 2010 Convention total membership, including fee paying officials and dues exempt, grew from 10,254 to 11,836, an increase of 1,582. The chart below graphs the membership numbers by full dues paying members, fee payers, and dues exempt. The growth of full dues paying members is 1,377 members over the four-year period or a 15.1 percent increase. Membership Per Capita Audits To further improve membership reporting, audits on local per capita reports were continued and are performed upon receipt of each per capita tax report. We have continued our annual audits of membership records using seniority rosters. Audits have proven to be very valuable and are a necessary part of resolving underpayment or overpayment of per-capita tax to Grand Lodge. Communication Between Members and Financial Secretaries While computer programs and auditing have improved reporting, there is still concern that new signalmen are being employed without being contacted and joining the BRS. We have uncovered unreported membership changes with our roster audits. While the local secretary is charged with tracking and reporting the status of members in the local lodge, this responsibility cannot be done by one person. It requires effort on the part of each member of the local lodge. Lack of communication is the foundation of most membership reporting problems. Members do not inform the local secretary when a change in his status occurs. This is especially true when transfers take place. 10254 work on signal construction gangs. It has been strongly recommended that signal gang foremen be contacted by the financial secretary and encouraged to report new employees to the financial secretary, providing, at the very least, the new employee’s name, home address, and social security number. Membership transfers remain a problem. With increased construction territories, BRS members are more mobile and, as a result, membership transfers from one local lodge to another have increased. The Constitution provides for the transfer of members from one local lodge to another to occur on the first day of the calendar quarter following such a transfer. The transfer provision of the Constitution does not eliminate the need for communication from a member when he or she transfers to the jurisdiction of another local lodge. It remains the member’s obligation to start the transfer process through notification to his or her local financial secretary. While we look for ways to improve membership reporting, good lines of communication between members and the financial secretary are necessary. Each delegate needs to report back to his or her local lodge on the need for better communication between officers, local chairmen, and members of the local lodge. Only in this way will we stay better informed on the status of each BRS member. 11836 11517 11361 11485 11201 11034 10520 10502 10275 10173 10128 9896 Local officers and local chairmen are encouraged to work to ensure that communications are improved and the local financial secretary is made aware of membership status changes. One important aspect of this communication need concerns new members. In most instances, new signal employees are hired and go to 9361 9143 Apr-10 Apr-11 Apr-12 Apr-13 Apr-14 Dues Exempt Members, Fee Payers, & Regular Members Active Full Dues & Fee Payers Active Full Dues Brotherhood of Railroad Signalmen — 2014 Officers’ Report 57 In Memoriam JOHN TRUETT BASS 1922–2011 Retired BRS Vice President West, and member of Local 176, John T. Bass. Brother Bass began his signaling career in 1941 as a Signal Helper for the Louisville & Nashville Railroad. Brother Bass was elected as full-time General Chairman of the L&N General Committee in 1960. In 1967, Brother Bass was appointed Grand Lodge Representative. Brother Bass was appointed Vice President, filling the unexpired term of former Vice President R. T. Bates, in 1970. Brother Bass served as Vice President of the West until his retirement in April of 1984. W.D. “DINK” BEST 1923–2011 Retired BRS Secretary-Treasurer, W. D. “Dink” Best. Brother Best began his railroad career in December 1941 as a Signal Helper on the Pennsylvania Railroad. Brother Best was elected Local Chairman of Local 146 in 1957. He also served as Vice General Chairman on the Pennsylvania General Committee. In 1963, he was appointed as Grand Lodge Representative. In 1969, he became Director of Research; in 1972 he became Vice President Midwest; and Secretary-Treasurer in 1977. Brother Best served as Secretary-Treasurer for 11 years and retired in 1988. JOHN E. HANSEN, JR. 1931–2011 Retired member of Local 43. Brother Hansen began his railroad career in 1949 as a Signal Helper. In 1973, Brother Hansen was appointed to the position of Director of Research at BRS Grand Lodge; he was also appointed Vice President of the Northeast Corridor. At the 44th Regular Convention, Brother Hansen elected not to run for office, and in 1988 he returned to Boone, Iowa, where he resumed working for the C&NW until his retirement in 1992. RICHARD C. “DICK” HOWARD 1916–2012 Brother Howard began his railroad career as a Maintainer on the Pittsburgh division of the Pennsylvania Railroad and member of Local 62 in September of 1941. In 1947, Brother Howard came to Grand Lodge headquarters to work as the Office Manager. He later became the editor and manager of The Signalman’s Journal in October of 1948. On September 1, 1958, Brother Howard became Secretary-Treasurer of LABOR newspaper. 58 Brotherhood of Railroad Signalmen — 2014 Officers’ Report ROBERT W. MCKNIGHT 1923–2012 Brother McKnight was The Signalman’s Journal Editor from 1973–1981. During Brother McKnight’s tenure as editor, The Signalman’s Journal received awards of outstanding achievement in the field of labor journalism (1978) and an award for general excellence (1980) from the International Labor Press Association. In 1981, Brother McKnight moved on to be the Manager of C&S Engineering at the Association of American Railroads. HARRY BRITTON SYKES 1925–2012 Retired member of Local 198. Brother Sykes began his 50-year career on the Clinchfield Railroad (CSX Transportation) in 1942. In 1950, he transferred to the Signal Department as a Helper, becoming a Maintainer in 1953. Brother Sykes served as the Clinchfield General Chairman for 35 years, from 1955-1990. EDGAR GUY MCGRIFF 1928–2012 Retired member of Local 16. Brother McGriff retired in 1991, completing 44 years of service, as a Signal Maintainer for CSX Transportation. Brother McGriff served as Local Chairman of Local 16 (Seaboard Coast Line). Brother McGriff was elected Vice General Chairman, under General Chairman G. G. Gross, of the Southeast General Committee. Brother McGriff acted as General Chairman for a couple of years when Brother Gross became sick and unable to fulfill his post. ARTHUR L. STRADER, JR. 1942–2013 Retired member of Local 138. Brother Strader began his career as an Assistant Signalman for the Richmond, Fredericksburg & Potomac Railroad in 1969. Brother Strader retired in 2002 as a Signalman for CSX Transportation headquartered at Doswell, Virginia. Brother Strader served as General Chairman for the RF&P General Committee. WILLIAM H. “COOKIE” KEEBLER 1949–2013 Known to his Union Brothers and Sisters as “Cookie,” Brother Keebler was well respected by the members he represented, as well as railroad carriers under his jurisdiction. Brother Keebler began his signaling career as a Signal Trainee in 1968. Brother Keebler was elected Trustee at the United General Committee’s Triennial meeting in 1987. Brother Keebler also served as Local Chairman for Local 53 before his election to Assistant General Chairman. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 59 Regular Convention Railroad Retirement Board The Railroad Retirement Board (RRB) is an independent agency in the executive branch of the Federal Government. The RRB’s primary function is to administer comprehensive retirement-survivor and unemployment-sickness benefit programs for the nation’s railroad workers and their families, under the Railroad Retirement and Railroad Unemployment Insurance Acts. As part of the retirement program, the RRB also has administrative responsibilities under the Social Security Act for certain benefit payments and railroad workers’ Medicare coverage. In fiscal year 2013, the RRB paid retirement-survivor benefits of some $11.6 billion to about 568,000 beneficiaries. The RRB also paid net unemployment-sickness benefits of $91 million (including almost $7 million in temporary extended unemployment benefits under the American Recovery and Reinvestment Act of 2009, the Worker, Homeownership, and Business Assistance Act of 2009, and subsequent reauthorizing legislation) to more than 26,000 claimants. At the end of fiscal year 2013, the average annuity paid to retired rail employees was nearly $2,450 a month, spouse benefits averaged $915 a month, and benefits for aged widow(er)s averaged $1,475 a month. The maximum biweekly rate for unemployment and sickness benefits was $680. Development of the Railroad Retirement and Unemployment Insurance Systems The RRB was created in the 1930s by legislation establishing a retirement benefit program for the Nation’s railroad workers. The railroad industry had pioneered private industrial pension plans, with the first industrial pension plan in North America established by a railroad in 1874. By the 1930s, railroad pension plans were far more developed than in most other businesses or industries, but these plans had serious defects which the Great Depression magnified. 60 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Retirement Program The economic conditions of the 1930s demonstrated the need for retirement plans on a national basis, Walter A. Barrows because few of the Labor Member — RRB Nation’s elderly were covered under any type of retirement program. While the social security system was in the planning stage, railroad workers sought a separate railroad retirement system which would continue and broaden the existing railroad programs under a uniform national plan. The proposed social security system was not scheduled to begin monthly benefit payments for several years and would not give credit for service performed before 1937, while conditions in the railroad industry called for immediate benefit payments based on prior service. Legislation enacted in 1934, 1935, and 1937 established a railroad retirement system separate from the social security program legislated in 1935. Such legislation, taking into account particular circumstances of the rail industry, had some precedent. Many laws pertaining to rail operations and safety had already been enacted since the Interstate Commerce Act of 1887. Since passage of the Railroad Retirement Acts of the 1930s, several other railroad laws have subsequently been enacted. While the railroad retirement system has remained separate from the social security system, the two systems are closely coordinated with regard to earnings credits, benefit payments, and taxes. A financial interchange links financing of the two systems by coordinating the portion of railroad retirement annuities that is equivalent to social security benefits with the social security system. The purpose of this financial coordination is to place the social security trust funds in the same position they would be in if the social security program covered railroad service instead of the railroad retirement program. Legislation enacted in 1974 restructured railroad retirement benefits into two tiers to coordinate them more fully with social security benefits. The first tier is based on combined railroad retirement and social security credits, using social security benefit formulas. The second tier is based on railroad service only and compares with private pensions paid over and above social security benefits in other industries. Unemployment Insurance Program The railroad unemployment insurance system was also established in the 1930s. The Great Depression demonstrated the need for unemployment compensation programs, and the Social Security Act of 1935 created State unemployment programs. While the State unemployment programs generally covered railroad workers, railroad operations which crossed State lines caused special problems. In some instances, one State denied compensation for unemployed railroad workers because their employers had paid unemployment taxes in another State. Although there were cases where employees appeared to be covered in more than one State, they often did not qualify in any. A Federal study commission, which reported on the nationwide State plans for unemployment insurance, recommended that a separate plan cover railroad workers because of complications with the State plans. Congress then enacted the Railroad Unemployment Insurance Act in June 1938. The Act established a system of benefits for unemployed railroaders, financed entirely by railroad employers and administered by the RRB. Legislation added sickness benefits in 1946. Railroad Retirement Act Under the Railroad Retirement Act, railroad workers with at least 10 years of service can receive retirement and disability annuities. Such annuities are also payable to workers with 5 years of service if performed after 1995. Provisions Full age annuities are payable at age 60 to workers with 30 years of service. For those with less than 30 years of service, reduced annuities are payable at age 62 and unreduced annuities are payable at full retirement age, which is gradually rising from 65 to 67, depending on the year of birth. Disability annuities can be paid on the basis of total or occupational disability. Annuities are also payable to spouses and divorced spouses of retired workers, widow(er)s, surviving divorced spouses, remarried widow(er)s, children, and parents of deceased railroad workers. Qualified railroad retirement beneficiaries receive Medicare coverage just like social security beneficiaries. As noted, the RRB pays retirement annuities to employees, as well as their spouses and/or divorced spouses, if the employee had at least 10 years of railroad service, or 5 years if performed after 1995. However, for survivor benefits, there is an additional requirement that the employee’s last regular employment before retirement or death was in the railroad industry. If a railroad employee or his or her survivors do not qualify for railroad retirement benefits, the RRB transfers the employee’s railroad retirement credits to the Social Security Administration, which treats them as social security credits. Financing Payroll taxes paid by railroad employers and their employees are the primary source of funding for the railroad retirement-survivor benefit programs. Railroad retirement taxes, which have historically been higher than social security taxes, are calculated, like benefit payments, on a two-tier basis. Railroad retirement tier I payroll taxes are coordinated with social security taxes so employees and employers pay tier I taxes at the same rate as social security taxes. In addition, both employees and employers pay tier II taxes to finance railroad retirement benefit payments beyond social security levels. The ratio of certain asset balances to the sum of benefit payments and administrative expenses determines tier II tax rates. Revenues in excess of benefit payments are invested to provide additional trust fund income. The National Railroad Retirement Investment Trust manages and invests railroad retirement assets. It invests these funds in non-governmental assets, as well as in governmental securities. Additional trust fund income derives from the financial interchange with the social security trust funds, revenues from Federal income taxes on railroad retirement benefits, and appropriations from general treasury revenues provided after 1974 as part of a phase-out of certain vested dual benefits. Railroad Unemployment Insurance Act Under the Railroad Unemployment Insurance Act, unemployment insurance benefits are paid to rail- Brotherhood of Railroad Signalmen — 2014 Officers’ Report 61 road workers who are unemployed but ready, willing, and able to work, and sickness benefits to railroad workers unable to work because of illness or injury. The RRB also operates a placement service to help unemployed railroaders secure employment. Benefit year — A new unemployment-sickness benefit year begins every July 1, with eligibility generally based on railroad service and earnings in the preceding calendar year. Up to 26 weeks of normal unemployment or sickness benefits are payable to an individual in a benefit year. Additional extended benefits are payable to persons with 10 or more years of service. Financing — Taxes on railroad employers under an experience-rating system finance the railroad unemploymentsickness benefits program. The RRB calculates each employer’s payroll tax rate annually on the basis of benefit payments to the railroad’s employees. Railroad Medicare The Medicare program covers railroad workers just like workers covered under social security. The Medicare program provides health insurance to persons ages 65 and older, as well as persons under age 65 who have been entitled to monthly benefits based on total disability for at least 24 months or who suffer from chronic kidney disease requiring hemodialysis or transplant. In addition to basic hospital insurance (Part A) financed by payroll taxes, there is an elective supplementary medical insurance (Part B) that covers many other medical services, such as doctor visits, durable medical equipment, and outpatient services that hospital insurance does not cover. Eligible railroad retirement annuitants and social security beneficiaries whose benefits are payable by the RRB are automatically enrolled under both plans, but the annuitant or beneficiary can decline Medicare Part B. Eligible non-retired persons must apply in order to obtain Medicare coverage. The RRB automatically enrolled some 27,000 beneficiaries for Medicare during fiscal year 2013. As of the end of that fiscal year, more than 468,800 persons were enrolled in the Part A plan, and over 449,600 62 Brotherhood of Railroad Signalmen — 2014 Officers’ Report (96 percent) of them were also enrolled in Part B. Palmetto GBA, a subsidiary of Blue Cross and Blue Shield, processes medical insurance (Part B) claims for railroad retirement Medicare beneficiaries. RRB Organization and Functions A three-member Board appointed by the President of the United States, with the advice and consent of the Senate, leads the RRB. The President appoints one member upon the recommendation of railroad employers, another upon the recommendation of railroad labor organizations, and the third, who is the Chairman, to represent the public interest. The Board Members’ terms of office are 5 years and expire in different years. The President also appoints an Inspector General for the RRB. Walt Barrows, former BRS Secretary-Treasurer, serves as the Labor Member on the Board. The primary function of the RRB is the determination and payment of benefits under the retirement-survivor and unemployment-sickness programs. To this end, the RRB employs field representatives to help railroad personnel and their families in filing claims for benefits, examiners to adjudicate the claims, and information technology staff, equipment and programs to maintain earnings records, calculate benefits, and process payments. The RRB also employs actuaries to predict the future income and outlays of the railroad retirement system, statisticians to analyze and provide data, and attorneys to interpret legislation and represent the RRB in litigation. The Inspector General employs auditors and investigators to detect waste, fraud, or abuse in the benefit programs. The RRB and the Federal Government As an independent agency in the executive branch of the Federal Government, the RRB reports on its operations to the President and the Congress. RRB officials also may testify at congressional hearings on issues related to the Railroad Retirement and Railroad Unemployment Insurance Acts. Congress has jurisdiction over the amounts available to the railroad retirement system for benefit payments and administrative expenses. The RRB works closely with other Federal agencies and with some State agencies. Its dealings with some of these agencies, such as the President’s Office of Management and Budget, the Office of Personnel Management, the Government Accountability Office, and the Department of Treasury, are similar to those of other executive branch agencies. Interactions with some others principally the Social Security Administration, the Centers for Medicare & Medicaid Services, State employment security departments and, on a smaller scale, the Department of Labor — are specifically related to the RRB’s various benefit programs. The RRB and the National Railroad Retirement Investment Trust The Railroad Retirement and Survivors’ Improvement Act of 2001 established the National Railroad Retirement Investment Trust. The sole purpose of the Trust is to manage and invest railroad retirement assets. The Trust is a tax-exempt entity independent from the Federal Government. The Act authorizes the Trust to invest the assets of the Railroad Retirement Account in a diversified investment portfolio in the same manner as those of private sector retirement plans. Before the Act, the law limited investment of Railroad Retirement Account assets to U.S. government securities. The Trust has seven trustees, with railroad labor unions and railroad companies each selecting three. These six trustees then select a seventh independent trustee. In turn, they hire professional staff to manage investment of the assets. While the Act does not delegate any authority to the RRB with respect to day-to-day activities of the Trust, the Act does provide that the RRB may bring a civil action to enjoin any act or practice of the Trust that violates the provisions of the Act or to enforce any provision of the Act. The Trust has no powers or authority over the administration of benefits under the Railroad Retirement Act. The RRB and the Railroad Industry The administrative organization of the RRB fosters close relations with railroad employers, employees, and their representatives. Two of the three Board Members are appointed on the recommendations of railway labor and management associations and labor and management officials have been active in the development of the railroad retirement and unemployment insurance programs since their inception. In addition, the RRB relies on railroad employers and labor groups for help in keeping railroad personnel informed about the benefit programs. The RRB conducts informational programs for railroad management and labor officials to acquaint them with the details of the benefit programs. These officials, in turn, educate railroad workers as to their benefit rights and responsibilities. Railroad employers and railway labor groups also assist the RRB with a joint placement program to find jobs for unemployed personnel. These joint placement efforts help to reduce the costs of the unemployment insurance program. The RRB has direct contact with individual railroad employees, in person or by phone, through its national network of 53 field offices. Field personnel explain benefit rights and responsibilities, help employees apply for benefits, provide related services for annuitants, and answer any questions related to the benefit programs. The RRB maintains field offices in railroad locales across the United States. RRB toll-free number (1-877-772-5772) The RRB also provides RRB customers with easy access to the agency’s field offices. The RRB’s headquarters is located at: 844 North Rush Street Chicago, Illinois 60611-2092 Information on the RRB is also available on the RRB’s website at: www.rrb.gov Brotherhood of Railroad Signalmen — 2014 Officers’ Report 63 Regular Convention Agreement Status The following summary reflects the status of working Agreements, as of March 1, 2014, between employers and their BRS-represented employees. This report notes whether there were any changes in the Agreements other than changes in the wage and fringe benefit provisions. Wage and fringe benefit negotiations are covered in other sections of this report. The date cited for each Agreement is the original date of the working Agreement. RAILROAD Alton & Southern Amtrak (Northern District) Amtrak (Pacific Division) Amtrak (Southern & Western Districts) Balfour Beatty Rail Systems Inc. Baltimore & Ohio (CSX) Baltimore & Ohio - Chicago Terminal (CSX) Belt Railway Company of Chicago Bessemer & Lake Erie Burlington Northern Santa Fe Central of Georgia (NS) Chesapeake & Ohio (CSX) Chesapeake & Ohio - Pere Marquette (CSX) Chicago, Central & Pacific Chicago, Fort Wayne & Eastern Clinchfield (CSX) Conrail (Shared Assets) CSX Northern Dakota, Minnesota & Eastern Delaware & Hudson Duluth, Winnipeg & Pacific Evansville Western Gateway Western Grand Trunk Western Idaho & Sedalia Illinois Central Indiana Harbor Belt Invensys Rail Kansas City Southern Long Island 64 Brotherhood of Railroad Signalmen — 2014 Officers’ Report DATEREMARKS 11-01-70 No revisions 09-13-99 Minor revisions 09-13-99 Obsolete 09-13-99 Minor revisions 08-15-04 Major revisions 05-01-69 Major revisions 05-01-69 Major revisions 08-08-96 Minor revisions 11-17-58 Minor revisions 01-01-01 Minor revisions 05-01-88 Obsolete 03-01-81 Major revisions 09-01-82 Major revisions 01-01-06 Obsolete 11-01-11 New Agreement 07-01-50 Major revisions 09-01-81 No revisions 12-14-98 Major revisions 08-01-11 New Agreement 07-17-91 Major revisions 04-21-81 No revisions 12-30-05 No revisions 12-31-89 Minor revisions 11-30-92 Major revisions 11-18-04 Minor revisions 09-01-76 Major revisions 05-14-94 Minor revisions 05-01-10 Major revisions 08-01-92 Minor revisions 12-05-89 PEB report issued RAILROAD Louisville & Nashville (CSX) L & N - C&EI (CSX) Massachusetts Bay Commuter (MBCR) Midsouth Montana Rail Link Monon (CSX) New Orleans Public Belt New Jersey Transit Norfolk & Western (NS) Northeast Illinois Regional Commuter Rail Corporation (Metra) Paducah & Louisville Peoria & Pekins Union Port Authority Trans Hudson (PATH) Providence and Worcester Richmond, Fredericksburg & Potomac (RF&P) Saint Lawrence & Atlantic Seaboard Coast Line (CSX) Soo Line Southeastern Pennsylvania Transportation Authority (SEPTA) Southern (NS) Southern Eastern Region North (NS) Springfield Terminal Summit Signal Transit America Services, Inc. Terminal Railroad Association of St. Louis Texas Mexican Union Union Pacific Railroad UP (MP-Communications) Wheeling & Lake Erie (Signal/Communications) Wheeling & Lake Erie (MofW) Wheeling & Lake Erie (Locomotive/Mech) Wisconsin Central Worldwide Signal Systems Intl. Inc. (Posey) DATEREMARKS 02-01-67 Major revisions 05-01-45 Major revisions 07-01-03 Minor revisions 05-02-86 Major revisions 10-20-87 Major revisions 09-01-49 Major revisions 01-16-63 No revisions 01-16-83 Minor revisions 10-01-57 Major revisions 03-01-84 Major revisions 09-01-89 No revisions 07-01-60 Obsolete 01-28-00 Minor revisions 06-12-74 Minor revisions 10-01-72 Major revisions 05-19-89 Major revisions 07-01-95 Major revisions 01-01-86 Major revisions 05-05-02 Major revisions 02-16-48 Major revisions 12-14-98 Major revisions 11-01-02 Minor revisions 09-01-12 New Agreement 01-18-12 New Agreement 07-13-50 Minor revisions 07-01-78 Major revisions 10-01-50 Major revisions 02-01-00 Major revisions 06-15-99 No revisions 10-08-03 Major revisions 10-08-03 Major revisions 10-08-03 Major revisions 01-24-06 Major revisions 07-11-00 Obsolete Brotherhood of Railroad Signalmen — 2014 Officers’ Report 65 Regular Convention National Railroad Adjustment Board The National Railroad Adjustment Board (NRAB) was established in 1934 when Congress amended the Railway Labor Act to establish a federally funded system for resolving minor disputes in the railroad industry. The NRAB, established under Section 3 of the Act, was assigned as the final arbiter of “disputes between an employee or group of employees and a carrier or carriers growing out of grievances or out of interpretation or application of agreements concerning rates of pay, rules, or working conditions.” Third Division The Board consists of four divisions, which have jurisdiction over disputes involving employees from the specific crafts assigned to each respective division. Disputes involving Signalmen are assigned to the Third Division. The four divisions of the NRAB consist of 34 Board members, 17 selected by the carriers, and 17 selected by the rail labor organizations. The Third Division consists of Designated Labor Representatives from the various Labor Organizations and Carrier Representatives usually assigned from Labor Relations Department from the various Carriers under the division jurisdiction. The Third Division’s labor members include the BRS Vice President assigned to the NRAB. The Railway Labor Act provides for the carrier and labor members to be compensated by the parties they represent. The administrative functions of the Board are funded through the National Mediation Board (NMB) and funding is subject to the Federal government budgeting process through the Office of Management and Budget (OMB). The NMB also compensates individuals assigned as referees or neutral members of the Board. While carrier and labor members of the Board have authority to issue awards without the participation of a neutral member, there are very few exceptions to the regular process of cases becoming deadlocked and requiring a referee decision. NRAB Jurisdiction In accordance with the Railway Labor Act, the NRAB has jurisdiction only in disputes which have been handled through the normal claim and grievance procedures at the local level. The “Uniform Rules of 66 Brotherhood of Railroad Signalmen — 2014 Officers’ Report Procedure” adopted by the NRAB along with the Rules of Procedure “Circular No. 1” require that the Board accept jurisdiction only when a case has been progressed through the regular appeals process on the property involved. JOHN D. BRAGG This includes the Vice President NRAB requirement for the parties to conduct a conference on the dispute and the employees to appeal to the highest officer designated by the carrier. The Board functions as an appellate body, whereby no new evidence or testimony can be presented. The Board is limited to addressing only arguments that have been raised on the property. However, the members of the Board have an obligation to consider any procedural issues that may be contrary to the Railway Labor Act or the Board’s Rules and Procedures. The Board is barred from addressing the merits of a case if it finds that the petitioning party has failed to comply with the Rules and Procedures of the Board. These cases typically receive an award indicating that the claim has been dismissed. Unsettled disputes referred to the Board must include a full statement of facts and any other supporting arguments and evidence pertaining to the case. Statements are limited to matters that were addressed during the local handling of the dispute. New arguments or evidence not discussed and presented during local handling are barred from consideration. As a result of the Board being considered an appellate body, the Railway Labor Act stipulates that the awards of the Board are considered final and binding upon the parties. Public Law Boards In 1966, Congress passed Public Law 89456 amending the Railway Labor Act in an effort to resolve an increasing backlog of undecided cases at the NRAB. This law provided for the use of Special Boards of Adjustment on individual railroads, commonly referred to as Public Law Boards, to resolve disputes otherwise referable to the NRAB. The objective of establishing Public Law Boards was to provide either party the means of withdrawing a dispute, which had been pending before the Adjustment Board for 12 months from the date the dispute (claim) was received by the Board. Public Law Boards, which are established at the request of either party in a dispute, include one member assigned by the carrier and one assigned by the union. Public Law Board matters involving BRS members are handled through the office of the President, in accordance with Article III, Section 27, of the BRS Constitution. The Vice President assigned to the NRAB serves as the BRS member on most Public Law Boards involving Signalmen. Public Law Boards, which are established by written agreement between the parties, generally operate without the rigid rules and formal procedures required for handling cases at the NRAB. While the carrier member and labor member of a Public Law Board are empowered to make an award in a dispute, the Board is typically joined by a referee who sits as the third member and renders decisions based on the information presented. As with awards from the National Railroad Adjustment Board, Public Law Board awards are final and binding when approved by not less than two members of that Board. The carrier and labor members are compensated by the parties they represent and the referee is compensated by the NMB. Cases referred to Public Law Boards are usually adjudicated on the line of road of the particular carrier. Special Boards of Adjustment There are other disputes that do not fall under the direct jurisdiction of the NRAB or PLBs, and therefore, Special Boards of Adjustment (SBA) are established for the adjudication of disputes involving numerous employee protective provisions, i.e., the February 7, 1965 Agreement, the Washington Job Protection Agreement, New York Dock Conditions, Oregon Short Line Conditions, and Mendocino Coast Conditions. Disputes arising from these provisions are adjudicated at Arbitration Boards or Special Boards of Arbitration. Unlike disputes that are handled at the NRAB or Public Law Boards, the parties are required to equally finance the cost of adjudicating those disputes, including salary and expenses of the referee. Appointment of Arbitrators The appointment of arbitrators to adjudicate railroad disputes in PLBs, SBAs, or at the NRAB is normally accomplished by agreement between labor and management. The NMB, however, provides special regulations for appointment to these positions as arbitrators are considered Special Government Employees. If the parties cannot agree to a referee, the Railway Labor Act provides a procedure for the NMB to appoint a referee. The Railway Labor Act provides that if the parties so agree, and the arbitrator named by the parties fulfills the NMB’s requirements, the NMB authorizes the referee to adjudicate the disputes. The referee’s expenses are paid by the NMB based on government standards; the compensation for such service is currently $300.00 per day. To be eligible for placement on the NMB’s roster of arbitrators, an individual must have personally adjudicated and issued at least five written arbitration awards, have 10 years of substantive experience in connection with collective bargaining or labor agreement administration in the railroad and/or airline industries, or demonstrated an exceptional understanding of labormanagement relations for at least 10 years. The NMB recognizes arbitrators that are currently members in good standing with the “National Academy of Arbitrators.” The Academy is an organization comprised of arbitrators, whose principal goal is administering rules of conduct for arbitrators, and providing a forum for addressing new issues in the arbitration industry. The NMB also requires that any individual designated as an arbitrator must be “wholly disinterested in the controversy to be arbitrated and impartial and without bias as between the parties” and must follow the required code of ethics established under Subsection III (a) of the NMB’s “Uniform Guidelines.” There are several organizations that represent arbitrators: the American Arbitration Association (AAA), the Society of Professionals in Dispute Resolution (SPIDR), the National Academy of Arbitrators, and the Association of Railroad Referees. These organizations provide a forum for arbitrators to review current continued on page 79 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 67 Regular Convention Special Boards of Adjustment Amendments to the Railway Labor Act in 1966 authorized the use of Special Boards of Adjustment to handle disputes that would otherwise be referred to the National Railroad Adjustment Board. The amendments provided for employees and individual carriers or groups of carriers to establish such boards on an individual craft basis. Such boards are generally referred to as Public Law Boards. Special Boards of Adjustment/Arbitration have also been established to handle more specialized disputes. A number of agreements and Interstate Commerce Commission/Surface Transportation Board orders Special Boards of Adjustment Referee Public Law Boards Referee SBA 596 (BRS vs. KCS) Sinclair Kossoff PLB 7313 (BRS vs. LIRR) Margo Newman PLB 7486 (BRS vs. Grand Trunk) Peter Meyers SBA 605 (Open Board) 68 resulting from carrier transactions such as line sales, mergers, and abandonments include employee protective conditions and provisions for establishing committees to adjudicate disputes involving application of those agreements and orders. The following summaries outline special board activities during this reporting period: SBA 954 (BRS vs. NJT) Gayle Gavin PLB 7499 (BRS vs. BNSF) Roger MacDougall Public Law Boards Referee PLB 7546 (BRS vs. IC) Ed Benn PLB 5622 (BRS vs. NS) Charlotte Gold PLB 7549 (BRS vs. CSX) David Twomey PLB 6459 (BRS vs. UP) Margo Newman PLB 7561 (BRS vs. WC) Peter Meyers PLB 6785 (BRS vs. IC) Andrea Knapp PLB 7584 (BRS vs. CSX) Roger MacDougall PLB 7188 (BRS vs. Metra) Ann Kenis Special Boards of Arbitration PLB 7270 (BRS vs. UP) Rodney Dennis BRS vs. SafeTran Brotherhood of Railroad Signalmen — 2014 Officers’ Report Regular Convention National Railroad Adjustment Board Case Handling Status During the reporting period from January 1, 2010, through December 31, 2013, the NRAB Third Division issued 1560 final awards on disputes involving Signalmen and the other crafts under the Division’s jurisdiction. During the previous reporting period, the Third Division had issued 2569 awards. During this reporting period, 454 BRS cases were added to the Third Division docket. During the previous reporting period, 599 BRS cases were submitted to the Board. The Board issued 434 final awards in BRS AWARDREFEREE 40254 Elizabeth C. Wesman 40255 Elizabeth C. Wesman Elizabeth C. Wesman 40256 40257 Jacalyn J. Zimmerman 40258 Jacalyn J. Zimmerman 40259 Jacalyn J. Zimmerman 40260 Jacalyn J. Zimmerman Jacalyn J. Zimmerman 40261 40262 Jacalyn J. Zimmerman 40297 James E. Conway 40298 James E. Conway 40299 James E. Conway James E. Conway 40300 40301 James E. Conway 40302 James E. Conway 40303 James E. Conway 40304 James E. Conway 40305 James E. Conway 40306 James E. Conway 40307 James E. Conway 40308 James E. Conway 40309 Ann S. Kenis 40310 Ann S. Kenis 40312 Ann S. Kenis 40313 Ann S. Kenis Ann S. Kenis 40314 RAILROAD UP UP UP NRPC(S) NRPC(S) NRPC(N) NRPC(N) NRPC(S) NRPC(N) UP UP UP UP UP A&S UP UP UP UP UP UP BNSF BNSF BNSF BNSF BNSF cases during the 2010–2013 reporting period. Those awards closed the record on cases docketed both before and during the past four years. The following summary lists NRAB awards issued in final resolution of BRS cases during this reporting period: Key to Decisions: S — Sustained, S/P — Sustained in part, DS — Dismissed, DN — Denied, WD — Withdrawn ISSUE Half time — off territory Half time — off territory Medical disqualification Dishonesty Dishonesty Denied hearing (accused) Excessive discipline Injury/accident (report) Dishonesty Affect of FELA settlements Agreement to be applied Falsifying records/reports Falsifying records/reports Dishonesty Injury/accident (report) Safety/carrier rules violation Injury/accident (report) Failure of employee to comply with agreement Dishonesty Burden of proof, on carrier to prove charges Injury/accident (report) Proper rate of pay Proper rate of pay Contracting, signal work Contracting, signal work Other crafts — doing signal work DECISION DN DN DS DN DN DN S/P S DN DS DN S/P S/P S/P DN DN DN DN DN DN DN DN DN DN DN DN Brotherhood of Railroad Signalmen — 2014 Officers’ Report 69 AWARDREFEREE 40315 Ann S. Kenis 40316 Ann S. Kenis 40349 Elizabeth C. Wesman 40350 Elizabeth C. Wesman 40351 Elizabeth C. Wesman 40352 Elizabeth C. Wesman 40353 Elizabeth C. Wesman 40354 Elizabeth C. Wesman 40355 Elizabeth C. Wesman 40408 Edwin Benn 40420 James E. Conway 40421 James E. Conway 40422 James E. Conway 40423 James E. Conway 40424 James E. Conway 40425 James E. Conway 40426 James E. Conway William Miller 40443 40444 William Miller 40445 William Miller 40446 William Miller 40447 William Miller William Miller 40448 40449 William Miller 40450 William Miller 40451 William Miller 40452 William Miller Elizabeth C. Wesman 40472 40473 Elizabeth C. Wesman 40474 Elizabeth C. Wesman 40476 Elizabeth C. Wesman 40477 Elizabeth C. Wesman 40478 Elizabeth C. Wesman 40479 Elizabeth C. Wesman 40480 Elizabeth C. Wesman 40481 Elizabeth C. Wesman 40482 Gerald E. Wallin 40483 Marty E. Zusman 40484 Marty E. Zusman 40485 Marty E. Zusman 40518 Marty E. Zusman 40519 Marty E. Zusman 40520 Marty E. Zusman 70 RAILROAD BNSF BNSF UP UP UP UP UP UP UP NIRC(METRA) UP UP UP UP UP UP UP NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) UP UP UP UP UP UP UP UP UP SCL (CSXT) UP UP UP NRPC(S) NRPC(S) NRPC(S) ISSUE DECISION Carrier permitting outside parties to install equipment DN Change shift DN Proper employee not called DN Proper rate of pay DN Carrier determines fitness and ability DN Overcoming disqualification DN Proper employee not called S Carrier determines fitness and ability DN Other crafts — doing signal work DN Based on seniority S Washington Job Protection Agreement DN Contracting, signal work DN Contracting, signal work DN Absenteeism DN Failure of proof by Carrier DN Failure of proof by Carrier S/P Injury/accident (report) DN Absenteeism S Absenteeism S/P Absenteeism DN Absenteeism DN Disproportionate/Equal discipline S/P Absenteeism S Absenteeism DN Absenteeism DS Absenteeism S Absenteeism DN Seniority, used for assignment to position DN Compensation for service S/P Taking company physicals DS Failed to make proper assignment DN Physical condition DN Assignment (when it is effective) DN Proper rate of pay S Proper rate of pay S Medical disqualification S/P Other crafts — doing signal work DN Safety/carrier rules violation S/P Excessive discipline S/P Injury/accident (report) S/P Change shift DN Change shift S/P Failure of employee to report DS Brotherhood of Railroad Signalmen — 2014 Officers’ Report AWARDREFEREE 40521 Marty E. Zusman 40522 Marty E. Zusman 40523 Marty E. Zusman 40524 Marty E. Zusman 40525 Marty E. Zusman 40526 Marty E. Zusman 40527 Marty E. Zusman 40528 Marty E. Zusman 40529 Marty E. Zusman 40530 Marty E. Zusman 40531 Marty E. Zusman 40532 Marty E. Zusman 40533 Marty E. Zusman 40534 Marty E. Zusman 40535 Marty E. Zusman 40536 Marty E. Zusman 40537 Marty E. Zusman William Miller 40568 40569 William Miller 40570 William Miller 40571 William Miller 40572 William Miller William Miller 40573 40574 William Miller 40575 James E. Conway 40576 Martin W. Fingerhut 40578 William Miller William Miller 40579 40584 Margo R. Newman 40585 Margo R. Newman 40586 Margo R. Newman 40587 Margo R. Newman 40588 Margo R. Newman 40589 Margo R. Newman 40599 Margo R. Newman 40600 Margo R. Newman 40601 Margo R. Newman 40602 Margo R. Newman 40603 Margo R. Newman 40604 Margo R. Newman 40605 Margo R. Newman 40606 Margo R. Newman 40607 Margo R. Newman RAILROAD NRPC(S) UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) UP P&W NIRC(METRA) NIRC(METRA) UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP ISSUE Insubordination Actual Expenses Holiday pay Holiday pay Proper rate of pay Carrier determines fitness and ability Carrier determines fitness and ability Carrier determines fitness and ability Absenteeism Mitigating circumstances Falsifying employment application Dishonesty Dishonesty Vehicle accident Safety/carrier rules violation Proper rate of pay Proper rate of pay Responsibility of employee Vehicle accident Prejudgment by carrier Absenteeism Vehicle accident Mitigating circumstances Injury/accident (report) Proper rate of pay Injury/accident (report) Absenteeism Arbitrary, capricious and unreasonable Medical disqualification Overcoming disqualification Failed to make proper assignment Proper employee not called Proper employee not called Proper employee not called Overtime vs. straight time Proper rate of pay Overtime vs. straight time Proper rate of pay Overtime vs. straight time Overtime vs. straight time Half time — off territory Failure to qualify Proper employee not called DECISION S DN DN DN S/P DN DN DN DN DN DN DN DN DN DN DN DN DN S/P DN DN S/P S/P DN DN DN DN S/P DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN Brotherhood of Railroad Signalmen — 2014 Officers’ Report 71 AWARDREFEREE 40608 Margo R. Newman 40609 Margo R. Newman Margo R. Newman 40610 40611 Margo R. Newman 40612 Margo R. Newman Margo R. Newman 40613 40615 Marty E. Zusman Marty E. Zusman 40616 40617 Marty E. Zusman 40618 Marty E. Zusman Marty E. Zusman 40619 40620 Marty E. Zusman Marty E. Zusman 40621 40622 Marty E. Zusman 40623 Marty E. Zusman 40624 Marty E. Zusman 40625 Marty E. Zusman Marty E. Zusman 40626 40627 Marty E. Zusman 40628 Marty E. Zusman 40629 Marty E. Zusman 40630 Marty E. Zusman Marty E. Zusman 40631 40632 Marty E. Zusman 40633 Marty E. Zusman 40634 Marty E. Zusman 40635 Marty E. Zusman Marty E. Zusman 40636 40637 Marty E. Zusman 40638 Marty E. Zusman 40639 Marty E. Zusman 40640 Marty E. Zusman 40641 Marty E. Zusman Marty E. Zusman 40642 40643 Marty E. Zusman 40644 Marty E. Zusman 40645 40653 40654 Steven M. Bierig 40655 Steven M. Bierig 40656 Martin W. Fingerhut 40657 Martin W. Fingerhut 40659 Martin W. Fingerhut 72 RAILROAD UP UP UP UP UP UP NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(N) NRPC(N) NRPC(S) NRPC(S) NRPC(N) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) NRPC(S) BNSF UP KCS KCS CR(SA) CR(SA) PanAm ISSUE DECISION Failed to make proper assignment DN Establishing other than Sat/Sun rest days DN Seniority, used for assignment to work S/P Based on seniority DN Based on seniority DN Based on seniority DN Assignment (when it is effective) S/P Failure to pass test DN Burden on Carrier to prove call made DN Proper employee not called DN Proper employee not called S/P Proper employee not called S/P Proper employee not called DN Availability S/P Availability S/P Availability S/P Availability S/P Officers, carrier doing signal work DN Proper employee not called DN Proper rate of pay DN Proper employee not called DN Proper employee not called DN Apply — if parties don’t like it, recourse is to bargain DN Insubordination S Vacation, begins — ends DN Error in computation of vacation days S/P Officials — supervision S/P Proper employee not called DN Proper employee not called DN Proper employee not called DN Proper employee not called DN Proper employee not called DN Officers, carrier doing signal work S/P Regular assignee DN Based requirements of rule S/P Based requirements of rule DN Contracting, signal work WD Transportation WD Insubordination DN Vehicle accident S/P Seniority lines/districts, restriction DS Protest seniority roster, time limits/etc. DS Drug test — Positive DN Brotherhood of Railroad Signalmen — 2014 Officers’ Report AWARDREFEREE 40683 Steven M. Bierig 40684 Steven M. Bierig 40685 Steven M. Bierig 40686 Steven M. Bierig Steven M. Bierig 40687 40825 Steven M. Bierig 40828 Lisa S. Kohn 40829 Lisa S. Kohn 40830 Lisa S. Kohn Lisa S. Kohn 40831 40832 Lisa S. Kohn 40833 Lisa S. Kohn Lisa S. Kohn 40834 40835 Lisa S. Kohn 40836 Margo R. Newman 40837 Margo R. Newman 40838 Margo R. Newman Margo R. Newman 40839 40840 Margo R. Newman 40841 Margo R. Newman 40842 Margo R. Newman 40843 Margo R. Newman Margo R. Newman 40844 40845 Margo R. Newman 40846 Margo R. Newman 40847 Margo R. Newman 40848 Margo R. Newman Margo R. Newman 40849 40850 Margo R. Newman 40851 Margo R. Newman 40852 Margo R. Newman 40853 Margo R. Newman 40854 Margo R. Newman 40855 Margo R. Newman 40856 Lisa S. Kohn 40897 Lisa S. Kohn 40898 Lisa S. Kohn 40899 Lisa S. Kohn 40900 Lisa S. Kohn 40901 Lisa S. Kohn 40902 Lisa S. Kohn 40903 Lisa S. Kohn 40904 Lisa S. Kohn RAILROAD KCS KCS KCS KCS KCS TexMex (KCS) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) UP UP UP UP UP UP UP UP UP UP UP A&S (UP) UP UP UP UP UP UP UP UP UP NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) ISSUE DECISION Insubordination DN Safety/carrier rules violation S/P Injury/accident (report) DN Injury/accident (report) S Injury/accident (report) DN Vehicle accident S/P Carrier permitting outside parties to install equipment DN Failed to make proper assignment DN Availability DN Safety/carrier rules violation DN Based on seniority DN Based on seniority DN Compensation for service DN 5-day notice DN Compensation for service DN Other crafts — doing signal work S/P Washington Job Protection Agreement DN Medical disqualification S/P Failed to make proper assignment DN Proper rate of pay DN Expenses — Meals S/P Based on seniority S Assignment (when it is effective) DN Microwave — code transmitting equipment DN Contracting, signal work DS Based requirements of rule S/P Proper employee not called DN Work off assignment DN Based on seniority DN Medical disqualification DN Based requirements of rule DN Based on seniority DN Establishment of seniority date DN Safety/carrier rules violation DN Painting WD Based requirements of rule DN Based requirements of rule DN Proper rate of pay DN Monthly rate DN Injury/accident (report) S Monthly rate DN Monthly rate DN Based on seniority DN Brotherhood of Railroad Signalmen — 2014 Officers’ Report 73 AWARDREFEREE 40905 Lisa S. Kohn 40906 Lisa S. Kohn 40907 Gerald E. Wallin 40908 Gerald E. Wallin 40909 Gerald E. Wallin 40910 Gerald E. Wallin 40911 Gerald E. Wallin 40912 Gerald E. Wallin 40913 Gerald E. Wallin 40914 Gerald E. Wallin 40915 Gerald E. Wallin 40916 Gerald E. Wallin Gerald E. Wallin 40945 40946 Gerald E. Wallin 40947 Gerald E. Wallin 40948 Gerald E. Wallin 40949 Gerald E. Wallin 40950 Gerald E. Wallin 40951 Gerald E. Wallin 40952 Gerald E. Wallin 40953 Gerald E. Wallin 40954 Gerald E. Wallin 40955 Gerald E. Wallin 40956 Gerald E. Wallin 40976 Marty E. Zusman 40977 Marty E. Zusman 40978 Marty E. Zusman 40979 Marty E. Zusman 40980 Marty E. Zusman Ann S. Kenis 41008 41017 Lisa S. Kohn 41018 Ann S. Kenis 41019 Ann S. Kenis 41020 Ann S. Kenis 41021 Ann S. Kenis 41022 Ann S. Kenis 41023 Ann S. Kenis 41024 Ann S. Kenis 41025 Ann S. Kenis 41026 Ann S. Kenis 41027 Ann S. Kenis 41028 Ann S. Kenis 41081 Lisa S. Kohn 74 RAILROAD NIRC(METRA) NIRC(METRA) BELT BELT BELT BELT GTW (CN) IC (CN) IC (CN) IC (CN) IC (CN) KCS GTW (CN) IC (CN) GWWR (KCS) GWWR (KCS) KCS KCS KCS KCS MRL MRL MRL MRL NRPC(N) NRPC(N) NRPC(N) NRPC(N) NRPC(N) SOO (CP) NIRC(METRA) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) SOO (CP) UP ISSUE DECISION Based on seniority DN 5-day notice DN Agreement to be applied DN Based requirements of rule DN Carrier determines fitness and ability DN Refusal to take alcohol/drug test DN Apply — if parties don’t like it, recourse is to bargain DS Injury/accident (report) DN Injury/accident (report) S Failure to qualify — other licenses S Failed to make proper assignment DS Absenteeism S Profanity/abusive language S Safety/carrier rules violation S Prejudgment by carrier S/P Failure of proof by Carrier S/P Violation of state and federal laws S Arbitrary, capricious and unreasonable DN Contracting, signal work DN Hearing in absentia DN Insubordination DN Arbitrary, capricious and unreasonable S/P Safety/carrier rules violation DN Injury/accident (report) DN Based requirements of rule S/P Based on seniority S/P Proper rate of pay S Proper rate of pay S Based requirements of rule S/P Dishonesty DN Based requirements of rule WD Contracting, signal work WD Failed to make proper assignment WD Based on seniority WD 25% of work load (Article 10B) WD 25% of work load (Article 10B) WD 25% of work load (Article 10B) WD Contracting, signal work WD Other crafts — doing signal work WD Contracting, signal work WD Contracting, signal work WD Contracting, signal work WD Other crafts — doing signal work WD Brotherhood of Railroad Signalmen — 2014 Officers’ Report AWARDREFEREE 41109 Patrick Halter 41110 Patrick Halter 41111 Patrick Halter 41112 Patrick Halter 41113 Patrick Halter 41114 Patrick Halter 41115 Patrick Halter 41116 Patrick Halter 41117 Lisa S. Kohn 41118 Lisa S. Kohn 41119 Lisa S. Kohn 41120 Lisa S. Kohn Lisa S. Kohn 41121 41122 Lisa S. Kohn 41123 Lisa S. Kohn 41124 Lisa S. Kohn 41125 Lisa S. Kohn 41126 Lisa S. Kohn 41127 Lisa S. Kohn 41128 Lisa S. Kohn 41129 Lisa S. Kohn 41130 Lisa S. Kohn 41131 Lisa S. Kohn 41132 Lisa S. Kohn 41133 Lisa S. Kohn 41134 Lisa S. Kohn 41135 Lisa S. Kohn 41136 Lisa S. Kohn 41137 Lisa S. Kohn Patrick Halter 41138 41172 41188 Edwin Benn 41189 Edwin Benn 41190 Edwin Benn 41191 Edwin Benn 41192 Edwin Benn 41193 Edwin Benn 41194 Edwin Benn 41195 Edwin Benn 41196 Edwin Benn 41197 Edwin Benn 41198 Edwin Benn 41199 Edwin Benn RAILROAD NRPC(N) NRPC(N) NRPC(N) NRPC(N) NRPC(S) NRPC(S) NRPC(N) NRPC(N) UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP NRPC(S) L&N (CSXT) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) NIRC(METRA) ISSUE Based on seniority Based on seniority Based on seniority Based on seniority Carrier officers performing signal work Proper employee not called Based on seniority Other crafts — doing signal work Proper rate of pay Proper rate of pay Based requirements of rule Compensation for service Compensation for service Proper rate of pay Proper rate of pay Proper employee not called Proper rate of pay Proper rate of pay Medical disqualification Microwave — code transmitting equipment Half time — off territory Improper displacement Contracting, signal work Burden on Carrier to prove call made Failed to make proper assignment Compensation for service Compensation for service Compensation for service Burden of proof, on carrier to prove charges Failed to make proper assignment Contracting, signal work Based on seniority Based on seniority Based on seniority Based on seniority Proper employee not called Based on seniority Proper employee not called Proper employee not called Based on seniority Based on seniority Based on seniority Based on seniority DECISION DN DN DN DN DN DN DN DS DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN WD S/P S/P DN S/P S/P DN S/P S/P S/P S/P S/P S/P Brotherhood of Railroad Signalmen — 2014 Officers’ Report 75 AWARDREFEREE 41200 Edwin Benn 41201 Edwin Benn 41202 Edwin Benn Edwin Benn 41203 41204 Edwin Benn 41205 Edwin Benn 41206 Edwin Benn 41207 Edwin Benn Edwin Benn 41208 41209 Edwin Benn 41210 Edwin Benn 41211 Edwin Benn Edwin Benn 41212 41213 Edwin Benn 41214 Edwin Benn 41215 Edwin Benn Edwin Benn 41216 41219 Patrick Halter 41224 Andria S. Knapp 41225 Andria S. Knapp 41226 Andria S. Knapp Andria S. Knapp 41227 41354 Andria S. Knapp 41379 James E. Conway 41383 Andria S. Knapp 41384 Andria S. Knapp Andria S. Knapp 41385 41386 Andria S. Knapp 41387 Andria S. Knapp 41388 Andria S. Knapp 41389 Andria S. Knapp 41390 Andria S. Knapp 41391 Andria S. Knapp 41392 Andria S. Knapp 41393 Andria S. Knapp 41394 Andria S. Knapp 41395 Andria S. Knapp 41403 Margo R. Newman 41404 Margo R. Newman 41426 Andria S. Knapp 41427 Andria S. Knapp 41428 Andria S. Knapp 41442 76 RAILROAD ISSUE NIRC(METRA) Seniority, used for overtime NIRC(METRA) Based on seniority NIRC(METRA) Proper employee not called NIRC(METRA) Failed to make proper assignment NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Proper employee not called NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority NIRC(METRA) Based on seniority KCS Mitigating circumstances BNSF Dishonesty BNSF Dishonesty BNSF Dishonesty BNSF Dishonesty BNSF Conduct (on duty improper) SCL (CSXT) Protest seniority roster, time limits/etc. BNSF Absenteeism BNSF Profanity/abusive language BNSF Injury/accident (report) BNSF Work under the control of the carrier BNSF Work under the control of the carrier BNSF Burden of proof, on carrier to prove charges BNSF Dishonesty BNSF Safety/carrier rules violation BNSF Dishonesty BNSF Medical disqualification BNSF Medical disqualification BNSF Falsifying records/reports BNSF Drug test — Positive UP Proper employee not called UP Call — O.T.–D.T. rules BNSF Other crafts — doing signal work BNSF Violation of state and federal laws BNSF Carrier officers performing signal work B&O(CT) (CSXT)Compensation for service Brotherhood of Railroad Signalmen — 2014 Officers’ Report DECISION S/P S/P S/P DN DN S/P S/P S/P S/P S/P S/P S/P S/P S/P S/P S/P S/P DN S S S S DN DS DN DN S DN DN S/P S S/P S DN S/P DN DN DN DN DN S/P DN WD AWARDREFEREE 41450 Roger MacDougall 41451 Roger MacDougall 41452 Roger MacDougall 41453 Roger MacDougall Roger MacDougall 41454 41455 Roger MacDougall 41460 41461 41462 41463 41464 41482 Andria S. Knapp 41515 Roger MacDougall 41516 Roger MacDougall 41517 Roger MacDougall 41518 Roger MacDougall 41519 Roger MacDougall 41520 Roger MacDougall 41521 Roger MacDougall 41522 Roger MacDougall 41558 Michael Capone 41559 Michael Capone 41560 Michael Capone 41561 Michael Capone 41562 Michael Capone 41609 Marty E. Zusman 41610 Marty E. Zusman 41611 Marty E. Zusman 41612 Marty E. Zusman 41613 Marty E. Zusman 41614 Marty E. Zusman 41615 Marty E. Zusman 41616 Marty E. Zusman 41617 Marty E. Zusman 41618 Marty E. Zusman 41619 Marty E. Zusman 41620 Marty E. Zusman 41621 Marty E. Zusman 41622 Marty E. Zusman 41623 Marty E. Zusman 41624 Marty E. Zusman 41625 Marty E. Zusman 41626 Marty E. Zusman RAILROAD BNSF BNSF BNSF PATH PATH PATH L&N (CSXT) L&N (CSXT) L&N (CSXT) L&N (CSXT) L&N (CSXT) BNSF BNSF BNSF BNSF BNSF BNSF BNSF BNSF BNSF MBCR MBCR MBCR MBCR MBCR UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP ISSUE Burden of proof, on carrier to prove charges Vehicle accident Fair and impartial, entitled to Absenteeism Excessive discipline Excessive discipline Outside employment Mitigating circumstances Mitigating circumstances Mitigating circumstances Carrier failed to allow Conduct (on duty improper) Fair and impartial, entitled to Fair and impartial, entitled to Fair and impartial, entitled to Failure of proof by Carrier Failure of proof by Carrier Failure of proof by Carrier Fair and impartial, entitled to Failure of proof by Carrier Excessive discipline Change in rest days Change in rest days Establishing other than Sat/Sun rest days Establishing other than Sat/Sun rest days Compensation for service Vacation — Emergency (Article 5) Work, under the control of the carrier Change in rest days Based on seniority Based requirements of rule Overtime vs. straight time Based on seniority Call — O.T. - D.T. rules Regular assignee Based on seniority Agreement Violation Medical disqualification Based on seniority Medical disqualification Contracting, signal work Contracting, signal work Seniority, used for assignment to work DECISION S/P DN S/P DN DN DN WD WD WD WD WD DN S/P DN DN DN S/P DN S/P DN DN DN DS S/P S/P DN S/P DN DN DN DN S/P DN S DN DN DN S/P DN DS DN S/P DN Brotherhood of Railroad Signalmen — 2014 Officers’ Report 77 AWARDREFEREE 41627 Marty E. Zusman 41628 Marty E. Zusman 41629 Marty E. Zusman 41630 Marty E. Zusman Marty E. Zusman 41631 41632 Marty E. Zusman 41633 Marty E. Zusman 41634 Marty E. Zusman 41635 Marty E. Zusman Roger MacDougall 41682 41683 Roger MacDougall 41684 Roger MacDougall Roger MacDougall 41685 41686 Roger MacDougall 41699 Margo R. Newman 41700 Margo R. Newman 41701 Margo R. Newman Margo R. Newman 41702 41703 Margo R. Newman 41704 Margo R. Newman 41724 41725 41726 41727 41728 41729 41730 41731 41732 41747 41748 41749 41750 41751 41752 41753 41754 41755 41756 41757 41758 41759 41760 78 RAILROAD UP UP UP UP UP UP UP UP UP BNSF BNSF BNSF BNSF BNSF NRPC(N) NRPC(N) NRPC(N) NRPC(N) NRPC(S) NRPC(N) I&S UP UP UP UP UP UP UP UP I&S I&S I&S I&S I&S I&S I&S I&S I&S I&S I&S I&S I&S I&S Brotherhood of Railroad Signalmen — 2014 Officers’ Report ISSUE Contracting, signal work Proper rate of pay Transportation Contracting, signal work Transportation Transportation Transportation Employees exclusive rights Change in rest days Fair and impartial, entitled to Based requirements of rule Fair and impartial, entitled to Failure of proof by Carrier Excessive discipline Proper rate of pay Based requirements of rule Based requirements of rule Based requirements of rule Seniority, used for assignment to position Fair and impartial, entitled to Contracting, signal work Contracting, signal work Employees exclusive rights Proper rate of pay Assignment denotes classification Helper Proper rate of pay Contracting, signal work Classification — Leading Signalman/Maintainer Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work DECISION DN DN S DN DN DN DS DN DN S S/P S/P S DN S S/P S/P S/P DN S/P WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD WD AWARDREFEREE 41761 41762 41763 41764 41765 41767 Patrick Halter 41768 Patrick Halter 41769 Patrick Halter Margo R. Newman 41778 41779 Margo R. Newman 41780 Margo R. Newman 41781 Margo R. Newman 41782 Margo R. Newman 41788 Patrick Halter 41789 41791 Margo R. Newman Margo R. Newman 41799 41800 Margo R. Newman Barry E. Simon 41801 Barry E. Simon 41802 41803 Barry E. Simon RAILROAD I&S I&S I&S I&S I&S GWWR (KCS) Midsouth (KCS) Midsouth (KCS) NRPC(N) NRPC(N) NRPC(N) NRPC(N) NRPC(S) UP KCS NRPC(S) PanAm ST (PanAm) P&W W&LE(MofW) W&LE(MofW) ISSUE Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Contracting, signal work Excessive discipline Dishonesty Excessive discipline Proper rate of pay Proper rate of pay Establishing other than Sat/Sun rest days Prejudgment by carrier Failed to make proper assignment Overtime vs. straight time Excessive discipline Other crafts — doing signal work Fair and impartial, entitled to Insubordination Falsifying records/reports Compensation for service Proper employee not called DECISION WD WD WD WD WD DN DN DS DN DN DS S/P S/P WD S/P DN S S/P DN S/P DN National Railroad Adjustment Board continued from page 67 trends in arbitration and provide training for referees and labor and management representatives involved in dispute resolution. Currently there are approximately 363 individual arbitrators listed on the National Mediation Board’s roster. However, a number of these individuals only handle airline disputes. During this reporting period, the NRAB Third Division utilized the services of approximately 115 arbitrators. Because of the number of available arbitrators compared to the work available, a number of arbitrators also have careers as college professors, practicing attorneys, or lecturers, and many hold permanent assignments on private and public arbitration panels. Section 3 Committee The Section 3 Committee is comprised of labor and management representatives from Class 1 freight railroads and commuter carriers. This Committee is charged with the responsibility to provide input to the National Mediation Board and implement guidelines for the handling of disputes. The Committee made several suggestions regarding the handling of disputes between the parties. The Committee reviewed the handling of cases at the NRAB and established revised guidelines for case progression. Instead of filing written submissions to the Board, the parties file electronic submissions. The arbitrator is required to submit his/ her decision electronically. This process reduces the total cost of copying thousands and thousands of pages and also eliminated the cost of mailing. The Committee additionally established a six-month time limit for arbitrators to render a decision after hearing the case. In most instances the arbitrators have complied with this rule, however, the NMB, during this reporting period, essentially stopped all arbitration activity for three to four months every year because of inadequate funding. The result of this shutdown required the NMB and NRAB to work under a Continuing Resolution until Congress passed a federal budget. During this period of Continuing Resolution, the number of cases presented to arbitrators was severely limited. While a reduced number of cases were presented during this time, the arbitrators were not allowed any travel authority, and were limited in the number of days to work during a given month. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 79 Regular Convention Minor Disputes Article I, Section 64, of the Constitution outlines the provisions for the handling of unsettled disputes growing out of the interpretation and application of BRS agreements. Section 64 provides that when a General Committee (or in the absence of a General Committee, the Local Grievance Committee) desires to pursue further handling of a claim or grievance that is not settled on the property, such case is referred to the President’s office for review. In accordance with the Constitution, the Review Committee includes the affected General Chairman and at least two others designated by the Grand Executive Council. During this reporting period, the Vice President Headquarters and the Vice President NRAB have served as the second and third member of the Committee, which includes four different officers: Charlie McGraw, Jerry Boles, Kelly Haley, and John Bragg. Brother Boles served with Charlie McGraw until Brother McGraw retired in September of 2010. Kelly Haley served with Jerry Boles until Brother Boles was elected to SecretaryTreasurer on October 10, 2011. Since that time, Kelly Haley, Vice President Headquarters, and John Bragg, Vice President NRAB, have served on the Review Committee. During the last four years, 639 unsettled disputes were referred to the President’s office and the Review Committee. During the previous reporting period, 814 cases were forwarded to the review committee. 80 Brotherhood of Railroad Signalmen — 2014 Officers’ Report The 639 cases received during this reporting period were handled in the following manner: Total cases designated for further handling ���������� 430 Cases docketed with NRAB ............................. 104 Cases docketed with PLBs ................................ 166 Cases docketed with SBAs .................................... 7 Cases handled under NLRA ................................. 1 Cases unassigned ................................................. 49 Cases held in abeyance ......................................... 0 Cases pending docketing .................................. 103 Third party cases .......................................................... 5 Total cases returned .................................................. 101 Cases settled ................................................................ 81 Cases withdrawn ......................................................... 21 Cases combined with other case .................................. 1 CONTRACT 201020112012 2013 Amtrak(New England) (NRPC) 7 4 1 Balfour Beatty (BB) 1 Baltimore & Ohio (CSXT) 1 3 6 11 BNSF Railway Company (BNSF) 11 40 34 29 C&O, Pere Marquette (CSXT) 11 1 2 (CSXT) 2 1 CSXT Northern (CSXT) 1 Railroad (CP) Gateway Western (KCS) 1 Grand Trunk Western (CN) 1 Idaho & Sedalia (I&S) C&O, Chesapeake District Illinois Central (CN) Indiana Harbor Belt (IHB) Invensys Rail (Invensys) Kansas City Southern (KCS) Long Island Rail Road (LIRR) Louisville & Nashville (CSXT) 2 Norfolk & Western (NS) 3 1 Norfolk Southern (NS) 1 4 4 35 15 27 7 Northeast Illinois Regional Commuter Railroad Corp. (METRA) NS Eastern Region North (NS) Pan Am Railways (PanAm) 1 & Potomac (CSXT) Seaboard Coast Line (CSXT) 7 Soo Line (CP) 1 3 1 3 1 4 1 of St. Louis (TRRA) 3 2 2 Union Pacific Railroad (UP) 4 Midsouth Rail Corp. (KCS) 1 2 Montana Rail Link (MRL) 4 Southern (NS) Springfield Terminal (PanAm) 1 National Railroad Passenger 2 13 3 1 3 4 2 2 1 2 1 3 3 1 3 Transportation Authority (SEPTA) 1 6 3 8 1 1 2 Terminal Railroad Association Union Railroad (UR) 4 2 Southeastern Pennsylvania 8 11 18 14 1 Richmond, Fredericksburg 10 3 Corp. (NRPC) 3 Providence & Worcester (P&W) Massachusetts Bay Commuter Railroad (MBCR) Auth (NJT) Port Auth. Trans-Hudson (PATH) Dakota, Minnesota & Eastern 28 201020112012 2013 New Jersey Rail Transit Baltimore & Ohio (Chgo Term.) (CSXT) CONTRACT 42 46 29 37 1 W&LE(Mech) (W&LE) 1 W&LE(MofW) (W&LE) 1 W&LE(S&C) (W&LE) 2 Wisconsin Central (CN) 1 1 1 1 164147 179149 Brotherhood of Railroad Signalmen — 2014 Officers’ Report 81 Regular Convention Resolutions — 2010 Convention In accordance with the provisions of Article I, Section 65, of the BRS Constitution, the 2010 Convention acted on resolutions pertaining to national negotiations, including proposals on working conditions, fringe benefits, employment security, and other collective bargaining issues. The Convention also addressed proposals for action on legislative matters and administration of Brotherhood services. The Convention, in consideration of the report of the Committee on Resolutions, acted on a total of five resolutions. The following is a summary of the resolutions (listed by the numbers assigned at the 2010 Convention) which were adopted by the Convention and the action taken on these matters: Resolution 1 — This Resolution addressed a moving policy for Grand Lodge Officers and Representatives. The Resolution suggested that moving expenses be allowed to return Officers and Representatives to their home upon retirement. This Resolution was rejected because the Resolution Committee noted, and the delegates agreed, that a similar benefit is not available to the membership upon their retirement and a policy is not needed. Resolution 2 — This Resolution sought to require the knowledge and consent of the General Committee before making changes to the list of designated legal counsel. While the Resolution Committee agreed with the intent of the resolution, it believed that it went too far and suggested that Grand Lodge should notify General Chairmen in the area affected prior to changes in the designated legal counsel list. The Resolution was not adopted. This matter remains on the agenda for further handling. Resolution 3 — This Resolution sought to establish a limitation to the number of consecutive days signalmen may be required to work. This Resolution was rejected because the Resolution Committee noted, and the delegates agreed, that this matter is best addressed by each General Committee consistent with its own needs. Resolution 4 — This Resolution sought to improve personal leave and vacation for our members. This Resolution was adopted and remains on the agenda for further handling. Resolution 5 — This Resolution sought to improve bereavement leave available to our membership. This Resolution was adopted and remains on the agenda for further handling. Union-Made for Union Members The Union Plus benefits are brought to you by Union Privilege through the AFL-CIO Union Plus exists through the Union Privilege organization. In 1986, the AFL-CIO created Union Privilege to provide consumer benefits programs to union members. Union Privilege uses the collective purchasing power of millions of union members to develop the Union Plus programs, which provide more quality, value, and service than comparable programs available to the general public. Kelly Haley, Vice President Headquarters, is currently assigned by President Pickett to monitor and offer direction on the Union Plus benefit programs on behalf of the Organization. Active and retired BRS members are automatically eligible for Union Plus benefits. Family members — including spouses, parents, and children — are often eligible for these exclusive benefits too, see the Union Plus website for eligibility details — www.unionplus.org. 82 Brotherhood of Railroad Signalmen — 2014 Officers’ Report In addition to the various benefit programs, Union Plus offers special assistance to union members who face financial hardship due to a layoff, strike, disability, or natural disaster. Union Plus programs are not just about savings, but also about the extra service and value available to union members. Union leaders are encouraged to share Union Plus discount and benefit information with members about the various programs. Handouts and flyers for posting and distributing at Local and General Committee meetings are easily downloaded from the Union Plus website — www.unionplus.org. Union leaders can also receive assistance by calling the Union Leader Line: (800) 472-2005 or (202) 293-5330 or emailing Leaders@UnionPrivilege. org. Regular Convention Legal Aid Program Federal Employers’ Liability Act — When on-thejob injuries or job-related illnesses occur in the railroad industry, employees are protected by the Federal Employers’ Liability Act (FELA). This law, enacted in 1908, gives railroad employees the right to recover damages from their employer for such injuries or illnesses. In many instances, damages for job-related injury or illness can be recovered through an informal settlement process. However, in many cases, employees have found it necessary to take legal action under the provisions of FELA in order to secure just compensation. While our Nation’s railroads have an obligation to provide a safe working environment and are liable for any injuries and illnesses caused in part by their negligence, securing proper compensation for job-related injuries and illnesses has always been a challenge for Signalmen and other railroad workers. Meeting this challenge often requires professional assistance. Providing such assistance is the continuing purpose of the Brotherhood’s legal aid program. Primary Goal — The legal aid program was initiated many years ago by the Grand Executive Council. The primary goal of the program is assisting BRS members and their families in protecting their rights in on-duty, job-related injury and illness cases. The Supreme Court has ruled that labor unions have the right to advise their members on obtaining legal help in FELA cases. Legal Aid Directory — The legal aid program provides a directory of experienced and qualified attorneys who are recommended by the BRS for assistance in handling railroad injury and illness cases. Since most individuals seldom utilize the services of legal counsel, especially in the highly specialized field of railroad injury compensation, the BRS has developed this directory of legal counsel. The directory, which is printed in each issue of The Signalman’s Journal and is available on the BRS website, lists strategically located BRS-designated legal counsel to assist members and their families in obtaining professional help. These attorneys are listed by state and are designated to provide services in the general regions of their offices. Designated Counsel Listing — The attorneys listed in the BRS directory are designated by sole authority of the Grand Executive Council and recommended as qualified counsel for members and their families in employee injury cases covered under FELA. For a current list of the Brotherhood’s designated FELA counsel please consult the BRS Designated Counsel section contained on page 49 of this report. Free Consultations — Designated FELA attorneys provide initial consultations for BRS members free of charge. They also provide advice on obtaining medical treatment, working with railroad claim agents, and other critical questions involved in any injury case. Designated FELA attorneys have further agreed to provide advice on such matters as wage continuation programs, “light duty” work programs, and other important considerations involved in the handling of employee injury and illness cases. FELA Education — In addition to providing assistance in injury and illness cases, BRS-designated counsel work to educate railroad employees on their rights and responsibilities under FELA. These designated attorneys and their representatives welcome the opportunity to address members at Local Lodge and General Committee meetings. Meetings attended by FELA counsel provide an excellent forum for answering members’ questions on injury and illness cases and for distributing other informational material concerning FELA rights. Whistleblower — The BRS Designated Counsel provide assistance and education regarding the Whistleblower laws, which are designed to protect employees and provide damage recovery when a rail carrier violates a “protected activity.” A Railroad commits a violation when it performs an “adverse action” against an employee because of an employee’s protected activity. Protected activities include reporting a workrelated injury, accurately reporting hours of service, requesting medical treatment for an on-duty injury, and others. For more details on Whistleblower, see the OSHA report on pages 54, 55, and 56. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 83 Regular Convention CONVENTION REPORT OF — Leonard Parker, Jr. National Legislative Director Economic Stimulus December 9, 2011 — H.R. 3630: Middle Class Tax Relief and Job Creation Act of 2012 was introduced by Representative Dave Camp (R-MI) and referred to committee. The bill passed the House of Representatives on December 13, 2011, and passed the Senate with amendments on January 23, 2012. The President signed the Act into law February 22, 2012. The Act provided an extension of the payroll tax reduction, extension, and reformation of federally funded benefits under the Emergency Unemployment Compensation (EUC) program for the remainder of 2012, and a freeze on Medicare Physician payment rates through December 31, 2012. Hurricane Sandy Relief Bill January 4, 2013 — H.R. 152: Disaster Relief Appropriations Act, 2013 was introduced by Representative Harold “Hal” Rogers (R-KY) and referred to committee. On January 15, the bill passed the House by a vote of 241–180, and passed the Senate on January 28, 2013, by a vote of 62–36. Signed into law by President Obama on January 29, 2013, the bill provided $51 billion for victims of the hurricane that battered the Northeast in late October 2012. The bill included: $16 billion in Community Development Block Grant money critical for rebuilding, $10.9 billion for public transportation projects, $13 billion to safeguard the Northeast against another catastrophic storm, $11.5 billion for FEMA’s disaster relief fund, $780 million for Small Business Administration disaster loans, and $118 million for Amtrak. National Mediation Board February 11, 2011 — H.R. 658: FAA Modernization and Reform Act of 2012 was introduced by Representative John Mica (R-FL) and referred to committee. The FAA Ruling passed February 6, 2012, when the Senate agreed to the Conference Report by a vote of 75–20. President Obama signed it into law February 14, 2012. The bill began as a funding reauthorization and directive of safety standards for the aviation industry and ended with the tacking on of amendments to the Railway Labor Act and tug of war over the shutdown of the aviation industry until the 84 Brotherhood of Railroad Signalmen — 2014 Officers’ Report bill became law. The law amends 75-year old labor practices, requiring the support of at least 50 percent of an employee group before a union representaLEONARD PARKER, JR. tion election can National Legislative Director be held, where previously there was no statutory requirement. A rewrite of a longstanding labor law deserves proper and due consideration through the normal deliberative process; attaching an unrelated and controversial labor provision in a much-needed aviation safety and security bill sets a dangerous precedent. OSHA April 6, 2011 — S. 743: Whistleblower Protection Enhancement Act of 2012 was introduced by Senator Daniel Akaka (D-HI) and referred to committee. The bill passed the Senate on May 8, 2012, and the House on September 28, 2012. The President signed the Act into law November 27, 2012. Ten critical areas were strengthened: broadened the definition of disclosure, deters retaliation through strengthened ability to impose disciplinary action, allows for “full and fair” relief for victims, holds agencies accountable for retaliatory investigations, extends whistleblower protection to TSA employees, promotes scientific integrity, allows OSC to file friend of the court briefs, ensures that whistleblower protections supersede agency NonDisclosure Agreements (NDAs), expands courts to which whistleblower claims can be brought, requires creation of Whistleblower Ombudsman in each Office of the Inspector General. The passage of this bill has had a significant positive impact on our members when an accident/injury occurs on the job. Transportation Appropriations Fiscal Year 2011 — H.R. 1473: Department of Defense and Full-Year Continuing Appropriations Act, 2011 was introduced by Representative Harold “Hal” Rogers (R-KY) on April 11, 2011, and referred to committee. Approved by the House of Representatives by a vote of 260–167 and by the Senate by vote of 81–19, the bill was signed into law by President Obama on April 15, 2011. The bill included no funding for high-speed rail in fiscal year 2011 and rescinded $400 million from the previous year’s funds for a total reduction of $2.9 from fiscal year 2010 levels. Fiscal Year 2012 — H.R.2112: Consolidated and Further Continuing Appropriations Act, 2012 was introduced by Representative Jack Kingston (R-GA) on June 3, 2011, and reported by the committee on the same day. The House of Representatives agreed to the Conference Report on November 17, 2011, by a vote of 298–121 and the Senate agreed to the Conference Report by a vote of 70–30 on the same day. It was signed into law by President Obama on November 18, 2011. It provided $1.6 billion in funding for FRA programs; the TIGER program received $500 million for grants to support significant transportation projects including highways and bridges, public transportation, passenger and freight railroads, and port infrastructure; $1.4 billion for Amtrak; and $0 for high-speed and intercity rail grants. Fiscal Year 2013–14 — H.R. 4348: Moving Ahead for Progress in the 21st Century Act (MAP-21) was introduced by Representative John Mica (R-FL) on April 16, 2012, and referred to committee. On June 29, 2012, the House of Representatives agreed to the Conference Report by a vote of 373–52; the Senate agreed to the Conference Report on the same day by a vote of 74–19. The bill was signed into law by President Obama on July 6, 2012. It is the first longterm authorization enacted since 2005 and funded surface transportation programs at over $105 billion for fiscal year 2013–14. MAP-21 created a streamlined and performance-based surface transportation program and builds on many of the existing highway, transit, and bike programs and policies. H.R. 3547: Consolidated Appropriations Act, 2014, was introduced by Representative Lamar Smith (R-TX) on November 20, 2013, and referred to committee. Signed by the President on January 17, 2014, it was approved by the House on January 15, 2014, by a vote of 359–67 and by the Senate on January 16, 2014, by a vote of 72–26. The bill provides $1.39 billion for Amtrak capital and operating grants, $47 million more than under sequestration. It also allows $81 million from the Hurricane Sandy Disaster Supplemental bill to be used to support Amtrak’s efforts to improve the safety and resiliency of its tunnels and ensure the reliability of passenger rail services in the Northeast Corridor. It does not provide any funds, beyond Amtrak funding, for intercity or high-speed passenger rail development. The bill provides no additional funding for the congressionally mandated implementation of Positive Train Control (PTC). The bill provides $600 million for the USDOT TIGER program; $126 million higher than what was provided last year and is enough to reverse all of last year’s sequester cuts and adds $100 million in new funding compared to last year’s pre-sequester levels. TIGER is a program that supports nationally significant transportation projects in a wide variety of modes, including highways and bridges, public transportation, passenger and freight railroads, and port infrastructure. While most federal transportation funding is doled out based on a preset formula, TIGER grants are competitively awarded based on the benefits a project offers to its region and the nation. The TIGER program was first created by the American Recovery and Reinvestment Act of 2009. Expanding TIGER is a major victory that will improve our transportation infrastructure and grow the economy. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 85 Regular Convention General Counsel’s Report CONVENTION REPORT OF — William L. Phillips Following are the Organization’s principal court and government agency cases during the Reporting Period. The affected General Committee is shown in parentheses. Case status is as of March 31, 2014. Some courts require, when BRS lead counsel is from out-of-state, that a local attorney also participate. Special thanks to Andy Thompson and Bob Tramuto for their volunteer service as Local Counsel during the reporting period. Duty of Fair Representation Among the best traditions of the Organization is providing fair, good-faith, and nondiscriminatory representation to each and every BRS-represented employee. Within the Reporting Period, there were no lawsuits alleging that the BRS had breached the Duty of Fair Representation (DFR). The Grand Lodge Officers and General Counsel congratulate all Local and General Committee Officers for their continued success in avoiding DFR exposure. Major-Minor lawsuits arise from actual or threatened Carrier action that the Organization believes would WILLIAM L. PHILLIPS change the BRS General Counsel Agreement. The Organization argues that the parties have a “major dispute,” therefore the court should enjoin the Carrier from changing the Agreement. The Carrier argues that the parties have a “minor dispute” subject to mandatory arbitration, therefore the court should enjoin the Organization from taking self-help measures such as a strike. Claims-Related Cases BRS and BMWED v. BNSF and New Mexico DOT (BNSFGC). Complaint filed by the Organizations in Albuquerque federal court seeking an injunction against NMDOT’s plan to lease BNSF lines for commuter operations. The court ruled against the Organizations, the federal appeals court in Denver did likewise, and the U.S. Supreme Court declined to hear the case. Case closed. BRS v. BNSF (BNSFGC). Petition filed by the BRS in Kansas City, Kansas, federal court to enforce three backto-work awards. The Carrier refused to include overtime in one claimant’s back pay and was late in returning two employees to service. Case pending. BRS v. CN-IC (ICGC). Complaint filed by the BRS in Chicago federal court seeking an injunction against unilateral changes to overtime for Traveling Maintainers and conversion of Signal Maintainer positions to Traveling Maintainer positions. The Carrier reversed the changes and agreed to expedited arbitration. Case closed. Claims-related cases arise when an employer refuses to arbitrate a claim or to comply with an arbitration award, or when either party seeks to have an award set aside. BRS v. CSX (L&NGC). Petition filed by the BRS in Chicago federal court to enforce driver compensation award on held-in-abeyance claims. The parties agreed to send unresolved cases back to the Board. Case closed. BRS v. Invensys (Safetran GC). Complaint filed by the BRS in Louisville federal court to compel Company to arbitrate grievance over contracting-out of inventory handling. The court did compel arbitration, but imposed conditions that were unacceptable to the BRS. The BRS filed an appeal with the federal appeals court in Cincinnati. The parties settled the matter. Case closed. 86 Major-Minor Lawsuits Brotherhood of Railroad Signalmen — 2014 Officers’ Report BRS v. UP (UPGC). Complaint filed by the BRS in Chicago federal court seeking an injunction against unilateral changes to travel allowance procedures. The parties agreed to expedited arbitration. Case closed. BRS v. UP (UPGC). Complaint filed by the BRS in Reno federal court seeking an injunction against unilateral changes to reimbursement of meal expenses. The Carrier counterclaimed for an injunction against the BRS. The court ruled in favor of the Carrier and enjoined the BRS from taking self-help. Case closed. Other Cases Anderson v. BRS (UPGC). Charge filed by a former Signalman with Equal Employment Opportunity Commission (EEOC) Chicago office, alleging racial and age discrimination in the BRS’s handling of his discharge claim. The EEOC found no violation. Case closed. County state court. The Carrier removed the case to Albany federal court. The BRS moved to dismiss all charges against the BRS. Case pending. DeHoyos v. BRS (UGC). Charge filed by a former Signalman with EEOC Chicago office, alleging national origin discrimination in the BRS’s handling of his dismissal claim. Case pending. BRS v. Edwards (UPGC). Complaint filed by the BRS in Robertson County, Texas state court, seeking recovery of around $70,000 embezzled from the former SWGC and Local Lodge 99. Judgment was entered against Edwards, who also served a prison term on federal criminal charges. After Edwards died, Bob Tramuto filed a Proof of Claim in probate court and negotiated a settlement. Case closed. Joint Ownership Cases (SEGC, UGC). The Massachusetts and Florida Departments of Transportation and CSX sought separate rulings from the Surface Transportation Board (STB) that proposed joint ownership transactions would not constitute acquisition of a railroad. The BRS unsuccessfully opposed the DOTs and CSX before the STB and federal appeals courts in Washington, D.C., and Boston. Cases closed. BRS v. Florida DOT (SEGC). Complaint filed by the BRS in Tallahassee state court over FDOT’s failure to honor an agreement involving signal maintenance and construction on SunRail commuter line. FDOT confirmed that Transit America, a rail carrier, will perform the maintenance. Case closed. KCS v. BRS (BNSFGC). Complaint filed by the Carrier in Shreveport, Louisiana, federal court seeking injunction against allegedly threatened BRS work stoppage over Carrier’s use of contractors to install PTC infrastructure. The parties agreed to expedited arbitration. Case closed. BRS v. Relco Locomotive. Unfair Labor Practice charges filed by the BRS with National Labor Relations Board (NLRB) Minneapolis Office, arising from discharge of four employees involved in BRS organizing campaign at locomotive repair shop. An Administrative Law Judge ruled against the Company on all counts. The NLRB issued a Cease and Desist Order, ordered reinstatement of all four employees with full back pay and benefits, and required the Company to post a notice informing all employees of their rights. The federal appeals court in St. Louis affirmed the NLRB. Case in enforcement stage. Local 231 v. K.D. Gerber (NSGC). Complaint filed by the BRS in Tuscarawas County, Ohio, state court seeking recovery of around $25,000 embezzled from the Local. Judgment was entered against the member, who repaid the money plus interest in installment payments. Andrew Thompson served as Local Counsel. Case closed. Campbell v. Amtrak (AEGC). Class action filed in D.C. federal court by a Signalman, 73 other employees, and the BMWED, alleging racial discrimination by Amtrak. The BRS and 14 other Amtrak organizations are not accused of discrimination, but were named as defendants because the outcome of the case might impact agreement provisions, such as seniority. Case pending. Clark v. CSX and BRS (UGC). Charges filed by a Signalman alleging racial and disability discrimination when he was removed from service. The Carrier had found an unopened 30-pack of beer in his company truck on company property during working hours. The N.Y. Department of Human Rights Syracuse office dismissed the charges for lack of sufficient evidence. The EEOC New York, New York, office did likewise. The employee sued the Carrier and the BRS in Onondaga Miller v. BRS (UPGC). Charge filed by a former Signalman with Illinois Department of Human Rights (IDHR) Chicago office, alleging the BRS mishandled his dismissal claim in retaliation for his having allegedly filed an earlier discrimination charge. The IDHR dismissed the charge for lack of substantial evidence. Case closed. Rail Labor Organizations v. BNSF (BNSFGC). Charges filed by the BRS and nine other Organizations with EEOC Minneapolis office, alleging that policy requiring self-reporting of broad range of medical information violates the Americans With Disabilities Act, Genetic Information Nondiscrimination Act, and pregnancy-related provisions of the Civil Rights Act. Cases pending. Thompson v. BRS (L&NGC). Charge filed by a Signalman with EEOC Atlanta office, alleging racial discrimination when the Committee filed a claim that the Carrier disregarded seniority by offering him training and testing for advancement to Signal Tech. The EEOC found no violation. Case closed. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 87 Regular Convention CONVENTION REPORT OF — Michael S. Baldwin Director of Research The Director of Research Office has been under the direction of two Grand Lodge Representatives since the last Convention. Mike Baldwin, who had been working in the arbitration department as a Grand Lodge Representative, was appointed by President Pickett in October of 2011 to take over as Director of Research when John Bragg vacated that position. Bragg was elected to the position of Vice President — NRAB. Federal Railroad Administration — Created by the Department of Transportation Act of 1966, the Federal Railroad Administration (FRA) is an agency under the jurisdiction of the U.S. Department of Transportation (DOT). The FRA’s mission is to enable the safe, reliable, and efficient movement of people and goods for a strong America, now and in the future. The FRA employs a total staff of about 800. FRA Administrator — On April 29, 2009, the United States Senate confirmed President Obama’s nomination of Joe Szabo as FRA Administrator. Szabo is the first FRA Administrator to be chosen from the ranks of railroad employment. Szabo began his railroad career in 1976 with the Illinois Central Railroad as a switchman; he most recently served as Illinois state legislative director for the United Transportation Union (UTU). FRA Emergency Orders 2010–2013 — Emergency Order No. 29, Notice No. 1 — The FRA is issuing this emergency order (EO or Order) to require that the New York State Metropolitan Transportation Authority’s MetroNorth Commuter Railroad Company (Metro-North) take certain actions to control passenger train speed at any location on main track where there is a reduction of more than 20 miles per hour (mph) in the maximum authorized passenger train speed. Under the EO, Metro-North must create and comply with an FRA-approved action plan that institutes modifications to its existing Automatic Train Control System or other signal systems. Until Metro-North completes the necessary modifications, the EO requires that two qualified railroad employees be present in the control compartment of Metro-North’s passenger trains when those trains operate over locations on main track where there is a required reduction of more than 20-mph in the maximum authorized passenger train speed. Emergency Order No. 28, Notice No. 1 — The FRA has determined that public safety compels issuance of this EO, which requires railroads operating on the general 88 Brotherhood of Railroad Signalmen — 2014 Officers’ Report system to implement additional processes and procedures to ensure that certain unattended trains and vehicles on mainline track or mainline siding outside of a yard or terminal are properly secured against MICHAEL S. BALDWIN unintended movement. Director of Research The FRA re-examined its regulations governing the securement of such equipment in light of the July 6, 2013, derailment in Lac-Mégantic, Quebec, Canada, which demonstrated the terrible consequences that can arise when a railroad accident results in a sudden release of flammable liquids. The FRA’s inspection data since January 2010 shows significant non-compliance with the FRA securement regulation. 49 CFR 232.103(n), with nearly 4,950 recorded defects in that time. Moreover, the FRA has seen a number of serious accidents during rail transportation of flammable liquids since 2009, and there has been significant growth in these types of rail shipments since 2011. These factors led the FRA to the conclusion that additional action is necessary to eliminate an immediate hazard of death, personal injury, or significant harm to the environment, particularly in instances where certain hazardous materials are involved. Emergency Order No. 27, Notice No. 1 — The FRA has determined that public safety compels issuance of this EO requiring the Gulf, Colorado & San Saba Railway (GCSR) of Brady, Texas, to discontinue operation of any train or rail vehicle under any circumstances over the highway-rail grade crossing at U.S. Highway 87 (DOT Crossing No. 024816B, milepost 66.65) on the GCSR rail line until GCSR implements and complies with procedures for safe operation over the crossing as approved by the FRA, or restores the proper functioning of the grade crossing warning system at U.S. Highway 87 and brings the grade crossing warning system into full compliance with FRA regulations, as determined by the FRA. FRA Safety Advisories 2010–2013: 2013–07 — Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail. In this safety advisory, the Pipeline and Hazardous Material Safety Administration (PHMSA) and the FRA are reinforcing the importance of proper characterization, classification, and selection of a packing group for Class 3 materials, and the corresponding requirements in the Federal hazardous materials regulations for safety and security planning. 2013–06 — Preventing Unintended Movement of Freight Trains and Vehicles on Mainline Track or Mainline Siding Outside of a Yard or Terminal. A recent catastrophic railroad accident occurred in Canada when an unattended freight train containing hazardous materials rolled down a descending grade and subsequently derailed. It is currently estimated that this accident resulted in 47 fatalities. In response, the FRA issued Emergency Order No. 28 regarding the securement of trains, and the FRA and PHMSA (collectively, DOT) are also issuing this safety advisory. This safety advisory discusses the circumstances surrounding the accident and makes certain safety-related recommendations to railroads operating in the United States. 2013–05 — Joint Failure on Continuous Welded Rail (CWR) Track. The FRA is issuing Safety Advisory 2013– 05 to remind railroad track owners about the importance of reviewing current, internal continuous welded rail plans and properly inspecting CWR joints to identify and correct locations that indicate potential joint failure that may cause a derailment. 2013–04 — Importance of Clear Safety Procedures for Temporary Removal From Service of Highway-Rail Grade Crossing Warning Systems and Wayside Signal Systems: The FRA is issuing this Safety Advisory 2013–04 to reemphasize the importance of clear and precise railroad safety procedures to ensure the safety of the traveling public and railroad employees when highway-rail grade crossing warning systems and wayside signal systems are temporarily removed from service for the purposes of testing, inspection, maintenance, or repair. The FRA previously made related recommendations to railroads regarding the importance of clear safety procedures to ensure the safety of highway-rail grade crossing warning systems and wayside signal systems in Safety Advisory 2002–01. 2013–03 — A fatality occurred during a railroad switching operation that involved a railroad employee kicking cars and subsequently going between rolling equipment. In response, the FRA is publishing this Safety Advisory 2013–03 to make recommendations to railroads regarding the adoption of car-handling procedures during flat switching operations at certain locations and to re-emphasize the importance of following procedures when going between rolling equipment due to the hazards involved. The FRA previously made related recommendations to railroads and their employees regarding going between rolling equipment in Safety Advisory 2011–02. 2013–02 — Low-Speed, Wheel-Climb Derailments of Passenger Equipment With “Stiff” Suspension Systems. The FRA is issuing Safety Advisory 2013–02 to alert railroads and other industry members about lowspeed, wheelclimb derailments of certain passenger equipment designs having “stiff” suspension systems. 2013–01 — Passing Stop Signals Protecting Movable Bridges. This safety advisory was issued to remind track owners, railroads, and their employees of the importance of ensuring that rails are properly aligned and movable spans are secured before permitting a train to pass a signal that is displaying a stop indication and protecting a movable bridge. This advisory was issued in response to an accident involving a derailment at an unsecured swing span bridge that moved while the train was on the bridge. 2012–03 — Buckling-Prone Conditions in Continuous Welded Rail Track. The FRA is issuing Safety Advisory 2012–03 to remind track owners, railroads, and their employees of the importance of complying with their continuous welded rail (CWR) plan procedures and reviewing their current internal engineering instructions that address inspecting CWR track to identify buckling-prone conditions. 2012–02 — Restricted Speed. The FRA is issuing Safety Advisory 2012–02 to remind railroads and their employees of the importance of compliance with relevant railroad operating rules when trains and locomotives are to be operated at restricted speed. This safety advisory contains a preliminary discussion of recent train accidents involving a failure to operate at restricted speed and makes recommendations to railroads to ensure employee compliance with the requirements of restricted speed operating rules. 2012–01 — Odorant Fade in Railroad Tank Cars. The FRA is issuing Safety Advisory 2012–01 to remind shippers and consignees of railroad tank cars containing odorized liquefied petroleum gas (LPG) of the importance of taking actions to ensure that a sufficient level of odorant remains in the LPG throughout the entire transportation cycle. 2011–03 — Bridge Walkway Hazards. This safety advisory was issued to remind each railroad bridge worker, railroad, and contractor or subcontractor to a railroad of the dangers posed by walking on unsecured sections of walkway and platform gratings, especially without fall protection. The safety advisory contained recommendations to the employers of bridge workers to ensure that this issue is addressed by appropriate policies, procedures, and employee compliance. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 89 2011–02 — Following Procedures When Going between Rolling Equipment. This safety advisory was issued to remind railroads and their employees of the importance of following procedures when moving between rolling equipment. This safety advisory contains various recommendations to railroads to ensure that these issues are addressed by appropriate railroad operating policies and procedures, and to ensure that those policies and procedures are effectively implemented. 2011–01 — Equipment Fouling Adjacent Tracks. This safety advisory was issued to remind each railroad and railroad employee of the importance of compliance with Federal regulations and railroad operating rules regarding rolling equipment being left in a location that is clear of any adjacent tracks. This safety advisory contained various recommendations to railroads to ensure that this issue was addressed by appropriate policies and procedures, and received employee compliance. 2010–03 — Staying alert and situational awareness. This safety advisory was issued to remind railroads and their employees of the importance of situational awareness and the need to stay alert whenever the job that is being performed changes, particularly in main track territory. This safety advisory contains various recommendations to railroads to ensure that these issues are addressed by appropriate policies and procedures. 2010–02 — Signal Recording Devices for HighwayRail Grade Crossing Active Warning Systems that are Interconnected with Highway Traffic Signal Systems. This safety advisory addresses “Safety Recommendations” issued by the National Transportation Safety Board (NTSB) that relate to railroad and highway signal recording devices at highway-rail grade crossings equipped with active warning systems that are interconnected with highway traffic signal systems. This safety advisory recommends that states, local highway authorities, and railroads install, maintain, and upgrade railroad and highway traffic signal recording devices at these types of grade crossings. This safety advisory also recommends that states, local highway authorities, and railroads conduct comprehensive periodic joint inspections of highway traffic signal pre-emption interconnections and use information obtained from any railroad and highway traffic signal recording devices during those inspections. 2010–01 — Safety Appliance Securement, Potential Failure of Welded and/or Notched Vertical Hand Brake Supports on FTTX Flatcars. The FRA is issuing Safety Advisory 2010–01 in order to provide guidance to interested parties concerning the inspection and repair of FTTX series flatcars that have welded vertical hand brake supports 90 Brotherhood of Railroad Signalmen — 2014 Officers’ Report that have been modified to accommodate a 10-inch wide hand brake step. FRA Railroad Safety Advisory Committee — In 1996, the FRA established the Railroad Safety Advisory Committee (RSAC) to develop new regulatory standards, through a collaborative process, with all segments of the rail community working together to fashion mutually satisfactory solutions on safety regulatory issues. Today, the full RSAC is represented by 39 organizations including Labor, railroads, suppliers, states, chemical suppliers, and passenger advocates. In addition, advisors from the Federal Transit Administration, National Transportation Safety Board, Transportation Security Administration, Canada, Mexico, and other diverse groups participate. The RSAC provides advice and recommendations to the Federal Railroad Administration (FRA) regarding the development of the railroad safety regulatory program, including issuance of new regulations, review and revision of existing regulations, and identification of non-regulatory alternatives for improvement of railroad safety. It is the FRA’s policy to utilize consensus recommendations of the RSAC as the basis of proposed and final agency action, whenever possible, consistent with applicable law, including guidance from the President. In considering whether to adopt RSAC recommendations, the Administrator weighs the interests of the public at large and the ability of the agency to administer, and, if necessary, to enforce, any requirements that would result from final agency action. The FRA will consult with the RSAC on a periodic basis regarding the development of its regulatory program, advising the RSAC of emerging issues, statutory requirements, and other identified needs. It is the intent of the FRA to consider the views of RSAC members in determining regulatory priorities. RSAC Tasks — Since its first meeting in April of 1996, the RSAC has accepted 44 tasks. The status for each of the tasks accepted between 2010–2013 are provided below: 2013–05 — Appropriate Train Crew Size. Evaluate whether and how crew redundancy affects railroad safety. Evaluate whether there are any types of railroad services or operations requiring redundant crew members. Evaluate whether there are acceptable methods to provide crew redundancy if redundancy is deemed necessary. Evaluate whether there is an appropriate train crew size for both passenger and freight operations necessary to ensure railroad safety. 2013–04 — Operational Testing for Securement of Rolling Equipment. To enhance safety by confirming that appropriate processes and procedures are in place to ensure that unattended trains and vehicles on mainline tracks or mainline sidings outside of yards or terminals are properly secured against unintended movement by ensuring that proper operational testing is conducted regarding securement of unattended equipment. 2013–03 — Securement Requirements. To ensure appropriate processes and procedures are in place to ensure that any unattended trains and vehicles on mainline track or mainline sidings outside of a yard or terminal are properly secured against unintended movement, and as appropriate, such securement is properly confirmed and verified. 2013–02 — Hazardous Materials Issues. Given the risk presented by the rail transportation of the various classes of regulated hazardous materials, ensure that appropriate processes and procedures are in place for such transportation by taking into consideration the differing hazards presented by different types and amounts of the materials and recommend, as appropriate, special handling and/or operational controls of trains and vehicles transporting such materials. Special handling and operational controls may include, but are not limited to, the classification of materials, identification of materials, route planning, movement, attendance, or any other recommended handling measure or operational control of trains and on-track vehicles transporting hazardous materials. 2010–01 — Minimum Training Standards and Plans. To establish minimum training standards for each class and craft of safety-related railroad employee and their railroad contractor and subcontractor equivalents, as required by the RSIA. Hours of Service — The FRA issued its Final Rule, and Interim Statement of Agency Policy and Interpretation on the Hours of Service Laws as Amended in 2008, which left Signalmen covered under two hours of service laws just as they were before. This interpretation defined a Signal Employee as, “…an individual who is ‘engaged’ in installing, repairing, or maintaining signal systems.” If a signalman did not perform any covered service, he or she would still be required to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. This language was copied verbatim in the FMCSA rule which further clouded the issue. Both the Association of American Railroads (AAR) and the BRS met with the FRA asking that it clarify the confusion surrounding what HOS records are required to be filled out by Railroad Signalmen who operate CMV’s. The positions taken by the AAR and the BRS were that Signalmen should fall under only one HOS Law and that should be the FRA’s HOS Laws. 2011–04 — Risk Reduction Program. To develop requirements for certain railroads to develop a Risk Reduction Program as mandated by the Rail Safety Improvement Act of 2008 (RSIA). The FRA issued its Second Interim Statement of Agency Policy and Interpretation on the Hours of Service Laws as Amended in 2008. The FRA has taken the position that operating a vehicle for the purpose of “installing, repairing, or maintaining signal systems” whether or not the operation of that vehicle is separated by a 10-hour rest period from performing covered service will be considered “on-duty time,” and therefore, will be covered by FRA HOS only. 2011–03 — Fatigue Management Plans. Provide advice regarding the development and implementation of regulations for Fatigue Management Plans and their deployment under the RSIA. Positive Train Control — In general, PTC limits incidents caused by human error. PTC’s predictive technology monitors a train’s current conditions against its speed and end-ofauthority limits. 2011–02 — Track Inspection Time Study. To consider specific improvements to the Track Safety Standards or other responsive actions related to the Track Inspection Time Study required by section 403 (a)-(c) of the of the RSIA and other relevant studies and resources. PTC Core Functions: 2011–01 — Electronic Device Distraction. To prescribe mitigation strategies, programs, and processes for governing the use of electronic devices which could cause distractions to railroad employees engaged in safety-critical activities. 2010–02 — Safety Technology in Dark Territory. To prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, as required by SEC. 406 of the RSIA. • Prevent train-to-train collisions; • Prevent overspeed derailments (Speed enforcement is part of the protection afforded by PTC. The regulation also mandates the enforcement of stop and flag orders that have been issued to protect malfunctioning highway-rail grade crossing warning systems.); • Prevent incursion into roadway worker work zones; and • Prevent movement through switches not properly lined. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 91 The BRS continues to push for the installation of PTC by the required deadline of December 31, 2015; however, many railroads are stating that they will not make the deadline. The FRA gave a report to Congress in 2012 that stated that it also believes that many railroads will not be able to meet the current deadline. Railroads have been looking at PTC technology for many years from a business standpoint and have even tested PTC-type systems on certain railroad lines to determine its benefits. Installing PTC and eventually using this technology on the entire railroad system is the right thing to do for the safe operation of rail traffic. Signal Employee Fatalities — Since the last Officers’ Report, which was presented at the 2010 BRS Convention, there have been no roadway worker fatalities involving our members. However, we did lose two of our brothers in work-related accidents. One fatality occurred when the truck a BRS member was driving collided head-on with a passing semi-truck while returning to the headquarters. And the second fatality occurred when a member’s truck was struck by a cut of empty flatcars. Even though these two incidents were not related to Roadway Worker Protection, they are a reminder that we must be alert at all times. Fall Protection — At the 2010 BRS Convention, it was reported that in a 1978 policy statement published in the Federal Register, the FRA established its jurisdiction over fall protection on signal structures. The statement essentially says that OSHA does not apply and that the FRA has jurisdiction. President Pickett previously asked the FRA to give jurisdiction back to OSHA or establish fall protection standards under FRA regulations for signal structures. It has been more than three decades since the FRA established that policy. During that time, the FRA has established fall protection on railroad bridges and ignored all other structures. While the FRA has not taken any tangible action on this subject outside of the agency, it has recently assigned fall protection for signal structures internally for review. In private conversations, the FRA has indicated that a rulemaking on fall protection will be forthcoming, but it has not indicated formally or informally when this will rise to the top of the FRA’s to-do list. With the agency still being overwhelmed by issues contained in the 2008 Rail Safety bill, it may be a while before we see any positive movement on fall protection. Signalmen Certification and Training — The RSIA established minimum training standards for railroad workers and provides for the certification of train conductors. In addition, within six months after promulgating conductor certification rules, the Department of Transportation Secretary must report to Congress on whether the certifica92 Brotherhood of Railroad Signalmen — 2014 Officers’ Report tion of other specified crafts and classes (including Carmen and Signal employees) is necessary to reduce the number and rate of accidents and incidents or to improve railroad safety. The final rule for Conductor Certification was in the Federal Register on November 9, 2011, and the rule became effective on January 1, 2012. As of yet, there has been no recommendation by the DOT Secretary about certification of other crafts. The FRA reached out to the BRS, along with other non-certified crafts, and posed the question of whether or not we would support the certification of Signalmen. The GEC met and by letter from President Pickett’s office, informed the FRA that if they chose to certify Signalmen, the BRS would expect to be involved in the writing of any regulation related to certification. Any action by the FRA on this topic will be delayed until the publication of the Training Standards final rule. Monthly Test Interval Waiver — It was reported at the 2010 BRS Convention that on January 4, 2010, the FRA published a waiver request from the Association of American Railroads (AAR) asking the FRA to expand the minimum monthly testing interval to a maximum of 35 days for various tests required under 49 CFR parts 234 and 236. The FRA in its response to the AAR request stated that it: “appreciates and understands the desire of AAR member railroads to receive additional flexibility in performing the required inspections and tests, after careful consideration of AAR’s petition, comments submitted to the docket, as well as evidence presented at the public hearing, the Board has concluded that granting the requested relief to AAR member railroads would not be in the public interest or consistent with railroad safety. Accordingly, the Board denies AAR’s request. In denying the request, the Board notes FRA’s well-established practice of exercising enforcement discretion when extenuating circumstances make it unduly burdensome for a railroad to perform the required inspection or test within the required 30 or 31 day period. The Board further notes that FRA Technical Bulletin S-04-01 reaffirmed FRA’s policy of exercising enforcement discretion in this context. The Board further notes that although the railroads’ stated intention in the context of this waiver petition is to continue to “target” completion within the 30-day timeframe (while having an additional 5 days of leeway to complete the required inspections and tests), the Board believes that providing an additional grace period by waiver to certain railroads, absent any unique safety circumstances, is not an appropriate use of FRA’s waiver authority.” The FRA’s response closes the books on this particular matter, and to date there have been no further waiver requests submitted by either the AAR or any of its member railroads requesting any expansion to the monthly testing intervals. Regular Convention Signalmen’s Political League Participation in the political process is at the forefront of everyone’s minds these days, and continues to be a fundamental tradition of the Brotherhood of Railroad Signalmen. Throughout our 111-year history, Signalmen have recognized the great importance of supporting political candidates for public office. The BRS, now more than ever, understands the importance of continued support by the candidates of working men and women, both at home and in the workplace. In 1972, the Brotherhood of Railroad Signalmen established a political action committee called the Signalmen’s Political League (SPL) in an effort to coordinate and expand the participation of individual members in political activities. Awards Program The BRS SPL awards program currently has four levels of contribution. Also, the quality and style of SPL gifts has been updated. President’s Club — This is the highest level of the Signalmen’s Political League program for members contributing $75 or more per month. This entitles the member to an SPL Watch, SPL Jacket, SPL Shirt, SPL Hat, and/or SPL Gold Pin with stone. Vice President’s Club — This level of the Signalmen’s Political League program is for members contributing in the range of $50 to $74 per month. This contribution entitles the member to an SPL Jacket, SPL Hat, and/or SPL Gold Pin. Senator’s Club — Members who contribute between $25 to $49 per month are entitled to an SPL Shirt, SPL Hat, and/or SPL Silver Pin. Representative’s Club — This is the lowest level of contribution to the Signalmen’s Political League that ranges between $10 to $24 per month. Members who contribute are entitled to an SPL Hat and/or SPL Silver Pin. To sign-up for the Signalmen’s Political League go to www.brs.org. The SPL sign-up form is located in the Member Resources Menu. An online account is needed to sign in to this members-only area. Members may also call Grand Lodge at (540) 622-6522 for an application form. Brotherhood of Railroad Signalmen — 2014 Officers’ Report 93 Mini Maglite Key Chain Mug 10 POINTS 20 POINTS Hat Glasses - Set of Six New contributors of at least $5 per month and current contributors who increase their monthly contributions by at least $10 qualify for recognition points. For each $1 increase you will receive 10 recognition points. You can redeem your points toward a single item or combinations of items where the points equal those you have been awarded. EXAMPLE #1: Joe Signalman’s pledge to SPL is $10 per month. For each $1 pledged in his monthly SPL contribution, he receives 10 SPL points, s o Joe has 100 r ecognition points to redeem toward SPL g ifts. J oe s elects a M ini-Magite for 20 points, a l ong sleeve shirt for 30 points, and Klein pliers for 50 points. Mag-Lite Flashlight 30 POINTS EXAMPLE #2: J oe S ignalman has been c ontributing $10 per month to SPL. Joe will receive 1 0 points per $ 1 of t he $ 10 increase, so he will receive 100 recogition points to redeem. Polo Shirts Navy Polo Gray Polo Jacket Twill Shirt - Navy Wrist Watch 100 POINTS Maglite and Leatherman Denim Shirt Maglite and Buck Knife 40 POINTS Twill Shirt - Khaki Tan Polo 50 POINTS Duffel Bag 5-inch Lock-Blade Knife w/Sheath 9-inch Klein Pliers Pocket Watch 200 POINTS Wool/Leather Coat