National Legislative Office

Welcome to the website of the National Legislative Office of the Brotherhood of Locomotive Engineers and Trainmen, a division of the Rail Conference of the International Brotherhood of Teamsters.

This site is intended to be a resource for BLET members, as well as anyone who is interested in the legislative and regulatory activities of our union.

As the site evolves it is our hope that it will be a useful tool in helping the BLET to continue to maintain, expand and deepen its relationships with Congress, labor leaders, government agencies and the general public.     Read Vice President Tolman's welcome message...

May 8, 2012

BLET marks 149th anniversary today; prepares for 150th in 2013

CLEVELAND, May 8 — As the Brotherhood of Locomotive Engineers and Trainmen (BLET) marks its 149th anniversary today, National President Dennis R. Pierce announced the formation of a special committee to help the Organization celebrate its 150th anniversary in 2013.

“Our Brotherhood will celebrate its 150th anniversary on May 8, 2013, and set yet another benchmark for the North American labor movement,” President Pierce said. “In an effort to ensure that our observance of this historic event is truly memorable, I am establishing the BLET’s 150th Anniversary Planning Committee. The committee will work as a group to prepare our celebration and will be comprised of members and officers, active and retired, who will plan, coordinate and execute a very special commemoration of our Brotherhood’s major milestone. I am confident that our team’s effort will produce a celebration that all BLET members will point to with pride.”

The BLET is the oldest labor union in the United States, founded as the Brotherhood of the Footboard on May 8, 1863 in Marshall, Mich. In 1864, delegates changed the name of the organization to Brotherhood of Locomotive Engineers (BLE), the name it held for 140 years. In 2004, the BLE merged with the International Brotherhood of Teamsters and became BLET. The BLET is the founding member of the Teamsters Rail Conference. Today, the union represents 55,000 hard working professional locomotive engineers and trainmen throughout the United States.

President Pierce said details regarding the 150th anniversary celebration will be announced as plans become finalized over the next several months.

NTSB cites fatigue in fatal 2011 rear-end collision

CLEVELAND, May 8 — The National Transportation Safety Board has determined that crew member fatigue was a major cause of a fatal rear-end collision involving a BNSF coal train and a standing maintenance of way equipment train in Red Oak, Iowa, that occurred on April 17, 2011.

Killed in the accident were BLET Division 642 President Tom Anderson, 48, and his conductor, UTU member Patricia Hyatt.

“Once again, this investigation draws attention to the dangers of human fatigue,” National Transportation Safety Board Chairman Deborah Hersman said in a statement. “The human body is not designed to work irregular schedules, especially during the circadian trough, when our bodies are at their lowest alertness.”

At its April 24 hearing in Washington, D.C., the NTSB determined that both crew members were asleep at the time of the accident. Representing the BLET at the hearing were Carl Fields, Coordinator of the Safety Task Force (STF), and Dan Lauzon, a STF Primary Investigator.

“The striking coal train conductor’s and the engineer’s irregular work schedules contributed to their being fatigued on the morning of the collision,” the NSTB concluded. “Based on the conductor’s and the engineer’s irregular work schedules, their medical histories, and their lack of action before the collision, both crew members on the striking coal train had fallen asleep due to fatigue.”

The NTSB also concluded that the absence of Positive Train Control (PTC) contributed to the accident, although it likely would have not prevented this particular accident, which occurred while the BNSF coal train was governed by restricted speed operating rules.

Additionally, the absence of crashworthiness standards for modular locomotive cabs contributed to the severity of damage to the locomotive cab of the striking coal train.

In responding to the release of the NTSB’s Report, BLET National President Dennis R. Pierce said: “While we applaud the Board’s acknowledgement of the unacceptable risks posed by crew fatigue, the Report published on April 17 should have expanded on the fact that the accident occurred during the circadian trough, and that the crew was operating into the direction of a rising sun. Any experienced locomotive engineer or trainman can tell you that these particular operating environments pose an identifiable risk when operating at restricted speed.

“The NTSB also failed to address the other issues concerning restricted speed operations — including harassment of crews for operating too slowly at restricted speed — that we raised in our response to Safety Recommendation R-11-10, which was issued in connection with this accident and four others,” Pierce added. “And we remain unwavering in our opposition to NTSB’s reiterated recommendation that railroads be required to install inward-facing video cameras and engage in constant surveillance of operating crews for disciplinary purposes.”

FRA issues Safety Advisory 2012-02 regarding restricted speed

CLEVELAND, May 8 — The Federal Railroad Administration (FRA) published Safety Advisory 2012-02 on April 25 to remind railroads and their employees of the importance of complying with restricted speed operating rules.

BLET National President Dennis R. Pierce strongly condemned the “blame the worker” tone of the Safety Advisory. He warned BLET members to be on alert as the Safety Advisory recommends that railroads “…increase the level of operational testing with regard to the operation of trains on main tracks at restricted speed.”

President Pierce said: “The NTSB, the Federal Railroad Administration, and the railroad industry should keep in mind that railroading is a complex system of operations and simply laying blame at the feet of operating employees will not get to the root cause of these accidents nor will it prevent similar accidents in the future. Indeed, everyone can — and should — go much further than simply conducting additional and burdensome compliance tests on operating crews.”

The Safety Advisory is a follow up to the National Transportation Safety Board’s (NTSB) Safety Recommendation No. R-11-10, issued on January 12, 2012. It also comes on the heels of a NTSB hearing held April 24 regarding the fatal rear-end collision involving a BNSF coal train and a standing maintenance of way equipment train in Red Oak, Iowa, which happened on April 17, 2011.

“Railroad operating rules governing restricted speed require that train crews be prepared to stop within one-half their range of vision,” the FRA wrote in the April 25 edition of the Federal Register. “During the previous 12 months, the railroad industry has experienced six rear end collisions that resulted in four employee fatalities, [and] eight employee injuries…. It appears these six incidents may have occurred because the train crews did not properly identify and comply with block and interlocking signal indications that required operation of their trains at restricted speed.”

The Safety Advisory indicates that main line rear-end collisions are seldom caused by one single factor, but stressed that train crew members must maintain constant situational awareness while in the cab.

“[E]ven slight lapses in situational awareness, particularly when operating trains on ‘Approach’ and ‘Restricting’ signal indications can lead to tragedy,” the FRA wrote.

FRA also warned against the practice of ‘‘self dispatching.’’

“Self-dispatching is the operation of a train based on assumptions about the locations of other trains. These assumptions are sometimes developed through overheard radio conversations among other train crew members.”

As part of Safety Advisory 2012-02, the FRA issued five recommendations to railroads. They are as follows:

1. Review with operating employees the circumstances of the six rear end collisions identified above.

2. Discuss the requirements of restricted speed and related operational tests at future instructional classes (and also as part of ad hoc coaching and briefings) for operating employees, with a focus on the railroad’s absolute speed limit for such operations, as well as requirements that ensure the ability to stop in one-half the range of vision. Special emphasis should be placed on situations in which the range of vision is limited (e.g., curves).

3. Evaluate quarterly and 6-month reviews of operational testing data as required by Title 49 Code of Federal Regulations (CFR) section 217.9, and, as appropriate, increase the level of operational testing with regard to the operation of trains on main tracks at restricted speed. A representative number of operational tests should be conducted on trains following other trains into an occupied block, particularly in high-density corridors. Operational tests should also include a review of locomotive event recorder data to verify compliance with restricted speed requirements.

4. Reinforce the importance of communication between crew members located in the controlling locomotive, particularly during safety critical periods when multiple tasks are occurring, including such activities as copying mandatory directives; closely approaching or passing fixed signals that require trains to operate at restricted speed; approaching locations where trains’ movement authority is being restricted; and during radio conversations with other employees or job briefings about work to be done at an upcoming location.

5. Review with operating employees the requirements of subpart C of 49 CFR part 220, and reinforce that the improper use of electronic devices during safety critical periods often leads to a loss of situational awareness and resultant dangers.

In his response to the NTSB Safety Recommendation No. R-11-10, President Pierce informed the NTSB that at least one BLET member is fighting to get his job back — with the help of his Local Division and his General Committee of Adjustment — after being dismissed for allegedly delaying his train by operating too slowly while traveling at restricted speed, in order to avoid failing a banner compliance test the Carrier had set up just ahead of his train.

In warning BLET members to heighten their vigilance when operating at restricted speed President Pierce said, “The FRA was provided a copy of our response to the NTSB, and I am outraged the agency is recommending that railroads expose our membership to even further harassment when they do not toe the line to an ‘efficiency above all else’ mentality. All BLET members are urged to exercise extra caution when operating at restricted speed to protect their safety and their jobs, and I am directing all BLET Local Chairman to immediately notify my office if one of our members is charged by a carrier with delaying the train or otherwise operating too slowly when being governed by restricted speed.”

ADDITIONAL INFORMATION

Full copy of FRA Safety Advisory 2012-02:
www.ble-t.org/pr/pdf/Safety_Advisory_2012_02.pdf

BLET response to NTSB Safety Recommendation R-11-10 regarding restricted speed:
www.ble-t.org/pr/news/newsflash.asp?id=5243

Teamsters Endorse Obama

The Teamsters Union Monday endorsed President Barack Obama for re-election with the enthusiastic support of the 2,000 Teamsters gathered at the 2012 Unity Conference.

Teamsters General President Jim Hoffa asked the crowd, “Do we want to endorse Barack Obama for President?” The response was a resounding “yes” and a standing ovation.

The General Executive Board gave Hoffa the authority to endorse Obama at a meeting last night, after months of surveying Teamster members. Several International Vice Presidents spoke from the floor to express their support of the endorsement.

Obama called in live during the conference to thank the Teamsters for their endorsement.

“Congratulations to James Hoffa on his re-election, and you could not have a better leader at the helm along with you than General Secretary-Treasurer Ken Hall. Thank you to every Teamster for your endorsement,” Obama said.

Obama thanked the Teamsters for keeping up the fight for working men and women. He called the November election a make-or-break moment for America. He listed his accomplishments, including saving the auto industry, and said his administration is fighting back against the war on workers.

“We have a common vision for where we want to take this country, one where everyone has a fair shot. I could not be prouder for your endorsement,” Obama said. “Let’s get to work. Let’s move this country forward.”

The room erupted into applause, as thousands of Teamsters rose to their feet.

April 20, 2012

Remember in November: An open letter from BLET National President Dennis R. Pierce

By Dennis R. Pierce
BLET National President

Dear Brothers and Sisters,

On April 16, 2012, the BLET National Division posted a News Flash article at www.ble-t.org warning our membership of the attack on our Railroad Retirement system that was included in Republican Budget Committee Chairman Paul Ryan’s Budget Plan. Since that time, the National Division has received many calls and emails from the membership, many of them curious as to exactly where in the Ryan Budget those attacks were found. To that end, I am including in this message an exchange that I had this week with a member, in this case a member that I have known personally for over 30 years. This Brother questions BLET’s facts, as was his right; unfortunately he also chose to question our motives. While our union is big enough for all opinions, it is imperative that we not get sidetracked when it comes to who is attacking working Americans, and what your National Division is doing to defend our way of life. My response sets the record straight on both accounts, and is shared for your information.

I would also like to address some of the other activity that has followed our April 16 News Flash. Most Rail Unions agree with BLET that we must not take attacks on our Railroad Retirement system lightly. That said, I cannot agree with any Rail Union that would suggest that we have defeated this attack and that we should now rest easily. Complacency is our enemy and anything but an all-out effort to continue to educate our members on who is trying to help them and who is trying to hurt them is a recipe for failure. While it is true that all of Rail Labor has mounted an aggressive lobbying effort with Congress against the Ryan Budget Plan, and while it is true that his Budget Plan is more than likely dead for now, it is not dead because of any Rail Labor success in the House of Representatives. The facts are that the House passed the Ryan Budget Plan on March 29th, in spite of our efforts and without removing the offending Railroad Retirement language. The only reason that Republican Ryan’s Budget Plan is dead for now is because the Democrats in the Senate refuse to bring it up for consideration.

However, the White House and control of both chambers of Congress is up for grabs on November 6. This is the backdrop for our effort to make sure that all members know who is trying to hurt them and who is trying to help them. If we are not vigilant, and we allow anti-worker politicians to take the Senate this fall, legislation like Ryan’s anti-Railroad Retirement Budget Plan will not only be resurrected, it will sail through the halls of both the House and Senate and to the President for his signature. Far from being the time to “stand down”; now is the time to stand proud and strong in our defense of working class America. Between now and this fall, we must all ask the tough questions, but our attention cannot be distracted from the facts. Join me in our effort to support politicians who support us, the hard-working Americans who made this country the proud land that it is.

The following is a reproduction of an email exchange between a 30 year-plus member and me:

• • •

To: BLET President’s Staff

A reading of the legislation you have targeted reveals no such information. Are you basing this newsflash on rumor or other unsubstantiated information received from a political enemy of the GOP?

Please verify where exactly in the proposed legislation one can find the “devastating effects” mentioned in your article. This would be a real service to BLET members, rather than scare-mongering for political purposes.

Many of your members find the proposed budget full of common-sense approaches to real financial problems faced by our nation and would appreciate a more even-handed approach to issues on the part of our BLET national officers.

Thank you for providing the information requested in an up-dated News Flash so members may be fully informed.

• • •

Dear Brother,

I asked my staff to forward your comments to me for response. While our policies don’t allow me to issue any official communications via email, I do think that I need to clarify a couple of things.

You and I have known each other for a long time and I have never made a habit during that time of adding any untruths or misinformation to the serious issues we must deal with. I have long said that things are already too messed up based in the truth to make them worse by adding something that is not true. You obviously question the authenticity of the information that we recently reported, and you also suggest that we are working for some anti-GOP platform. While I may not convince you to share my political perspective, I do need to insure that you know that everything that we posted is true, and that the only platform that I am working for is our pro-union, pro-working class and pro-America platform.

To that end, my goal is to make sure that all members of our union know the truth about what any politician’s plans will actually do to them as working class Americans. Most of our members have very little in common financially with the wealthy corporate citizens of this country that have tremendous influence over the country’s political direction. Those citizens won’t need social security or railroad retirement when they retire, but working class Americans do and will. The influence of these corporate citizens, which is by design intended to give them more of the corporate profits by giving you less, has led these corporate sponsored politicians to put forth a barrage of anti-worker/anti-union legislation As a working class American, I am personally offended by those attacks. The union movement in this country was instrumental in building the middle class that the majority of our members belong to. We owe no one any apologies in my mind for working to make sure that the members we represent are treated fairly in the workplace, with good health care benefits and a decent retirement plan. For that reason, you will continue to see me identify the politicians of either party who push anti-worker legislation such as the recent Ryan budget plan.

To that plan, the Ryan Budget was adopted by the House of Representatives as House Concurrent Resolution (H. Con. Res.) 112, and the final product — the engrossed version, is attached. The relevant portion of the budget is Section 102, which sets forth levels of budgetary authority and outlays for fiscal years 2013 through 2022 by “major functional category.” Of particular interest to the News Flash is functional category 600, entitled “Income Security,” which is budgeted in Section 102(13) of the Resolution, on pages 27–28. The Resolution, by itself, provides no information about the proposed changes necessary to achieve the budget targets. Those details are provided in the report accompanying the Resolution, House Report (H. Rep.) No. 112–421, which also is attached.

The Report describes Function 600 as “the Federal Government’s income-support programs [that] include … benefits to railroad retirees.” Id. at p. 99 (emphasis added). The Report goes on to state that “[a]mong reforms that could be considered by the committees of jurisdiction” are the following:

Conform Railroad Retirement Tier 1 Benefits to Social Security Benefits. Tier 1 benefits for railroad retirees are supposed to mimic Social Security benefits, but they are more generous than Social Security in many ways. This option would conform Tier 1 so that its benefits would equal those of Social Security, with an estimated savings to taxpayers of $2 billion over 10 years.

Id. at pp. 100, 101 (italics in original).

We reported specifically on this item, pointing out that such changes “would eliminate the Rail-road Retirement Occupational Disability program, as well as the ‘60/30’ provision allowing for early retirement for railroad workers at age 60 if they have 30 years of service.” Further, that the “Ryan Budget fundamentally misconstrues the relationship between Railroad Retirement and Social Security, and ignores the fact that all Railroad Retirement benefits above Social Security — whether Tier 1 benefits or Tier 2 benefits — are fully funded by railroad workers and their employers; none of these benefits are funded from the general treasury.” The Report confirms that our reporting was accurate. Indeed, the letter to Chairman Ryan from the Association of American Railroads — also provided herewith — makes specific reference to this passage in the Report and draws the same conclusions as our reporting does in pointing out that there are no federal budgetary savings to be realized by pursuing such draconian changes.

Due to the number of inquires we have received, we will be making this information publicly available to help our membership become well educated on the issues of the day. America is again headed toward an election in which certain parties and candidates will use social and religious “wedge” issues as a way to get working class people to vote against their economic interest. As a labor organization, BLET’s function is not to give you spiritual or social advice, but to educate and inform members on the voting records of candidates on issues of economic security to BLET members and their families. In the end, we will all make our own decisions about the politicians who introduce and support legislation that hurts working class Americans. I believe I have a duty to ensure that all members know who supports the working class and who is trying to take away the benefits that you and I have both worked so hard for, in this case Railroad Retirement.

Fraternally,
Dennis Pierce
National President, BLET

• • •

ADDITIONAL INFORMATION

Link to H. Con. Res. 121 (70 pages)
http://www.ble-t.org/pr/pdf/H.Con.Res. 112 eh.pdf

Link to Resolution, House Report (H.Rep.) No. 112–421 (230 pages; offending language on Page 101):
http://www.ble-t.org/pr/pdf/H.Rep. 112-421.pdf

Link to House voting record on H. Con. Res. 112:

http://clerk.house.gov/evs/2012/roll151.xml

Link to Association of American Railroads letter to Rep. Paul Ryan regarding House Report 112-421:

http://www.ble-t.org/pr/pdf/AAR_Letter_Ryan_Budget.pdf

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