Meeting Point #12

Inside
CP Safety	Railroad College
Exhausted UP Workers	Inquest Findings
Cultural Evolution	General Chair
Local Chair	Grumpy Old Conductor

The members of Local 771 (BNSF Needles, Ca.) are participating in a fatigue countermeasures package facilitated by the same company who performed the Canalert study, Circadian Technologies Inc. (CTI). It seems BNSF bought CTI's package which includes lifestyle training: circadian issues and concepts, sleeping concepts and management, fatigue and alertness issues and concepts, mental and physical wellness and work and homelife issues; Engine Cab improvements; napping facilities at terminals for delayed out-going crews and in-coming commuters; time windowed "Bid Pack" crew scheduling , including away-from-home terminal call windows; improved motel accommodations; the provision of white-noise generators in sleeping rooms; more reliable and accessible crew line-ups and even taxi cab improvements. As well, the local is negotiating a lay-off and fatigue policy to prevent the assignment of fatigued employees. Thanks to Douglas Gordon, UTU co-coordinator of the project, who has been most helpful by providing me with a wealth of information.

Union Pacific has just announced the formation of a task force to manage workforce fatigue as part of its renewed safety effort in its Fatigue Management program. The company has created the position of director of alertness assurance, who will oversee the project.

All this pro-activity is not necessarily a product of instant enlightenment; five railroad giants have swallowed forty US carriers, who are now under intense scrutiny by government regulators due to a rash of fatal accidents.

Regardless of the reasons for the attention, prevention of rail worker fatigue is an idea who's time has come.

- CSX, one of the nation's largest freight carriers, says it will hire about 500 new conductors yearly until the year 2002. In an attempt to save costs in doing this, the company has recently privatized the training of potential new hires. This breaks with the industry standard of hiring "off the street" and providing full on-the-job training.

CSX has begun this process by contracting universities to offer courses in Freight Railroad Conductor Training. The idea is to provide the railroad with a qualified pool of potential employees ready for entry level jobs. Students are charged $3,750 for tuition, testing, and application fees, in addition to travel costs and room and board for the eight-week course.

This move comes on the heels of CSX's $10.2 billion deal with Norfolk Southern (NS) railroad to buy and divide between them the routes of Conrail. These two giants will now dominate freight rail in the eastern half of the United States. The privatization of employee training, along with crew cuts, unsafe working conditions, and skimping on equipment maintenance, is part of the rail bosses' drive to boost their profits by lowering the wages and working conditions in the industry.

Joel Warner, assistant vice president of human resources for CSX, told the Atlanta Journal Constitution, "People thought of the railroads as a dead or dying industry. The railroads are growing, and we're making a lot of money, and we're happy about that."

Several universities, including University of Florida- Jackson, have received funding from CSX to run the schools, which will not only train workers, but also conduct background checks on those who apply. CSX official Warner explained that the course is also designed to weed out those people who are unable to endure working conditions on the railroad. "This job is not for everyone," he said.

The Journal Constitution went on to explain, "Railroads run 24 hours a day, seven days a week, in all weather conditions. People entering the work force are expected to work strange hours, be away from home over long periods and are likely to be called to work at any time."

Completion of the course does not guarantee a job with CSX. The worker will "be a leg up on other applicants for the $35,000 to $50,000 a year job," as Warner put it. All that graduates are guaranteed is an interview. Of the 33 applicants so far, 29 have been offered jobs.

The materials from the Florida Railroad Institute highlight the good pay and benefits received by those who work in rail. But as Jason Holloway, a 20-year-old graduate of CSX's first Railroad Institute class explains, "What they don't tell you is that for this good paying job, in addition to carrying out the duties of trainman, they expect you to be a mechanic and a clerk, as well as be computer literate!

The skills learned at any of CSX's railroad schools are no different than those learned by any railworker in the traditionally company-sponsored trainmen or conductor schools - switching tracks, locking down a brake, hauling 85- pound couplers, and hanging onto a rolling car. But the bosses hope railworkers' financial stake in staying on the job and recouping their "investment" will help to guarantee they remain loyal employees. In the past, several new hires, after being trained, have left to take advantage of hiring "bonuses" of up to $40,000 being offered by other rail companies facing labor shortages similar to those at CSX.

Since the first class started, stories of the hardship imposed by CSX's training are becoming widely known in the Hialeah yard. Most students had to take out loans with Sea Board Credit Union - CSX's credit union - in order to afford the $3,750 tuition. Monthly payments are taken out of your pay check if you are hired.

Given the nature of the training, workers are unable to hold on to their former jobs during the course, resulting in further indebtedness. The program's organizers recommend as a typical housing option that trainees double up in a $179- per-week hotel room. If for any reason you resign after the end of the second week of class, no refund is given. While told they will get jobs in particular cities upon being hired by CSX, trainees were still forced to sign an agreement to relocate wherever CSX demanded. As a result, many were forced to other cities upon being hired by the railroad.

Newly hired trainmen also face the possibility of being reassigned out of the seniority district they originally hired into once they become conductors, if there is a reduction of the work force.

One of the new hires here said that the union is planning to file a grievance against the company's practice of forcing people to pay to get hired. Union officials indicated that they will demand that the trainees' money be fully reimbursed.

Kay Sedam is an engineer for CSX at the Hialeah yard and a member of United Transportation Union Local 1138.

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Submissions become the property of Meeting Point. We reserve the right to edit for brevity and clarity. The opinions contained herein are not necessarily those of the Editors or the United Transportation Union.

OMAHA, Neb. (AP) - Many of Union Pacific's safety problems have one simple cause - its employees are exhausted, the Federal Rail Administration chief says.

Jolene M. Molitoris said preliminary results of a safety inspection of the nation's largest railroad showed dangerous train maneuvers, dispatcher errors and missing freight information were the norm.

Her agency is midway through a 10-day, system-wide review of Union Pacific Railroad, prompted by a recent series of train wrecks that killed seven people.

``You have people who are working 7 days a week, 12-plus hours a day with no time off. When you are that tired it makes top performance and safety assurance impossible,'' she said. ``And that schedule isn't just for a week or so, it's constant.''

Molitoris met with Union Pacific President Jerry Davis, who said the company plans to hire 1,500 new workers by the year's end to help ease the heavy workload. He added that employees are limited by federal laws to working 12-hour days.

``We will do whatever it takes for as long as it takes until we are running the safest railroad in the United States,'' Davis said.

Hiring more employees also would allow more dispatchers to take road trips as part of ongoing training, Davis said. The company had been criticized for training dispatchers through videos instead of letting them see the actual routes.

He said the company would organize a safety team to address FRA concerns and hold a safety summit.

Getting a good night's rest won't solve all of Union Pacific's problems. Some dispatcher errors showed a basic misunderstanding of railroad rules, Molitoris said.

She pointed to a recent situation in which a dispatcher talked a train through moves against the current of traffic, a violation of federal and company rules that require written approval for such a movement.

Molitoris said the mistake could have resulted in a collision if it had not been immediately corrected.

Union Pacific has said the merger with Southern Pacific last year has not affected productivity. But Molitoris said supervisors are so overloaded with administrative duties that they were not performing required routine safety checks on trains.

The FRA inspection is to end next week. Molitoris said her agency will continue to work with Union Pacific on safety issues and will keep a senior official at the railroad's Omaha headquarters until changes are made.

6 Thou shalt not covet another Conductor's Tieup or Deal or covet another Yard Foreman's Quit

8 Thou shalt not worship thine collective agreement, for RJ is thine only God, and he will severely punish all who differ.

10 Thou shalt not delay trains with cabooses over pillow cases or soap, for God will show his wrath by unleashing the might of Lucifer, son of Darkness, and his mighty SBU.

KAMLOOPS—An inquest jury has recommended better communication between transportation agencies, more accurate tracking of rain and snowfalls and improved detection of mechanical problems to prevent train accidents like the one that took two lives March 26.

A four-day coroner’s inquest in a CN Rail derailment that killed conductor Don Fink, 45, and engineer Terry Gallis, 38, ended Friday after a five-member jury issued 12 recommendations.

Relatives of the victims and union members applauded the suggestions but said the will now watch carefully to ensure they are followed by CN and the ministry of highways.

CN official Christine Skjerven said the company would study the recommendations, but couldn’t say how many would be adopted or when they would be in place.

"It’s in our interest to run a safe operation, so anything to help us achieve that objective is a priority," she said.

Ministry lawyer Douglas Thomson would not comment on the recommendations until government officials have more time to study them.

The victims’ train fell into a 13-metre-deep sinkhole in the Fraser Canyon, about 16 km south of Lytton, after a massive landslide swept away the ground from underneath the tracks.

A geotechnical expert testified the slide would not have happened had the province not relocated the Trans-Canada highway and put it beside the CN tracks. That allowed haeavy rain and snowmelt to flow unabated through the landfill under both transportation lines, which saturated the ground.

The jury also endorsed the preliminary recommendations from an internal CN-union draft report on the accident. The report says the company may research a way to detect problems with the tracks in case they don’t break during an emergency; make it a priority for problem areas to be patrolled; investigate whether underground fibre optic communications line could be connected to an alarm system, and create a "hazard map" of the tracks from Jasper to Vancouver to identify potential trouble spots.

The inquest heard the landslide happened about 90 minutes before the victims’ train crashed at 6:05 a.m., but the sturdy CN tracks survived and hung suspended over the 70-metre-wide hole. No CN officials were aware of the problem because the alarm system sounds only when the tracks break.

The slide caused the derailment of three box cars from a sulphur train that was parked on one of the double set of tracks. A passing motorist spotted the sulphur cars about 6 a.m., but didn’t report the sighting until after the main accident happened. Two CP employees also saw the sulphur cars about the same time, but mistakenly believed there were CN people at the site.

Brian Gleason of the United Transportation Union said he hopes the recommendations will lead to an immediate increase in patrol vehicles, which drive on the tracks in front of trains looking for problems. The inquest heard patrols were reduced in recent years, and on the night of the accident weren’t in the area because the track was too busy.

"We do not want to see the loss of life, and the pain and suffering of another incident visited on other families," he said.

Like Gleason, David Brummund of the Brotherhood of Locomotive Engineers said he will vigilantly track the recommendations and believes they will make the canyon safer.

"Any improvements are better than nothing, especially if at the end of the day risk is minimalized," Brummund said.

Gallis’ sister, Kelly Zambrano, said the emotional and trying inquest was worth it because the recommendations should save another railroader’s life.

"I know my brother would be proud," Zambrano said. "We’ll keep a close eye on [the suggestions] to see what happens, especially before the spring run-off starts again."

Fink’s sister, Shirley MacEachern, said the jury covered all the important points. She said she will contact her MP to ensure Ottawa back up the recommendations.

"As emotional as this time has been, it has been a very healing time too," she said.

Before the jury retired for five hours to decide on the recommendations, chief coroner Larry Campbell said the inquest was not to find blame in the accident.

"The deaths of Donald fink and Terry Gallis will not be made in vain if changes are made to prevent the deaths of future railroaders," Campbell said.

Campbell’s sentiment was shared by Fink’s brother, Gerry Fink. He is comforted by the fact that the locomotive containing most of his brother’s remains is buried in the replacement embankment CN built under the tracks.

CN left the locomotive there because it would have caused more damage to remove it. But Fink believes his brother would want to be left there, helping guide safe passage of railroaders every day.

Let me sit on the right hand side
A'hold the throttle and johnson bar
Make that rough old hogger ride
At the other end in the old way car
Just watch him try to stay in the hack
When I start the train with air and slack
And hear him holler when his head I drove
Right in behind the crummy stove
As the train goes in to the next sag
And knock him out with slack in that drag
Let him lay there on the floor
Afraid to stand for fear he'll get more
I'd head right in on the longest track
And cut 'er off a long way back
When the hogger walks in, to him I'd say
Well, how was the ride you got today?

The UTU legislative department has determined that BC Rail occupational safety issues require full reporting and disclosure.

Look for the new HAZARDOUS CONDITION REPORT in your UTU terminal book. In addition to BC Rail Hazard Memo, please fill out this form and forward to the appropriate legislative department for furtherance to the Assistant Deputy Minister, BC Ministry of Municipal Affairs, the Engineering and Inspection Branch, and BC Rail Vice President,

The form will also help the legislative department track hazardous incidents and conditions.

Many major railroads are experiencing changes in their culture of safety. Union Pacific has proposed new safety initiatives in cooperation with the UTU (See UTU News July 97). CN Rail has revamped their safety program, created the position of a full time regional UTU safety officer under the direction of local safety committees and created a safety ombudsman position. CP Rail attributes steady safety improvements to employee efforts, a continued focus on safety by management, and a new three-day educational program to reduce derailments. The company has hired a staff ergonomist to assist in the layout of new locomotives.

These railways have in common a commitment to safety at the executive level and employee involvement.

Unfortunately, UP and CN senior management initiated changes in response to fatal accidents: UP after a head on collision near San Antonio and a number of other incidents, CN after the accident at Edson.

My experience as a safety representative has shown that our railway's culture of safety is one of control. Except for rare instances, accident investigations are performed solely by management, safety committee minutes are regularly edited and sanitized, important and complex issues are stonewalled or redirected. Safety and contractual issues are confused. Open discussion of safety issues has been met with the demand for proof: names, dates and places--which effectively limits frank dialogue and creates suspicion of pending discipline.

Early this year, the Council of Trade Unions withdrew from the Joint Safety Advisory Committee after disagreement with the company over terms of reference and the level of union involvement. The UTU withdrew from OH&S participation over disagreement of representation. The Teamsters have now withdrawn from N. Van. OH&S participation, questioning the effectiveness of the committee.

Will it take a fatal accident for our safety programs to evolve beyond trite slogans and trinket giveaways?

Ironically, we have recently seen an attempt at cultural change in the form of Bulletin #21, (now ensconced in the monthly bulletin). The bulletin reiterates the long-standing safety procedure of entraining and detraining at a speed slower than walking speed (defined now as 4 mph.).

From what I see, crews are having trouble accepting the cultural changes this edict brings. Some argue that the bulletin is just another rule created to place blame squarely on the injured party, some believe it is a precursor to eight-hour yards, others say they can easily get on or off faster than "walking speed"- they've been doing it that way for years. The real reason for the edict, I think, is in reaction to a rash of moving equipment injuries.

Our work habits and practices are deeply ingrained, change cannot easily be brought about without commitment by the parties involved. In typical fashion, the railway haven't shown much support for the changes that Bulletin #21 brings.

It sounds corny, but we must work together in order to be effective. Unfortunately, our culture--on both sides--is deeply ingrained. Change comes slowly, but changes are happening in the North American railroad community.

The following appeared in the Vancouver Sun, Letters to the Editor, Aug. 18, 1997

Mark Startup of the Retail Merchants Association of British Columbia accuses the labor movement of being "big business" (Unions should look inward for change, Aug. 8). Given the garbage strike and the recent CAW convention, this point may seem timely. But to see how inaccurate Mr. Startup's remark is, we need only imagine how a business would look if it were run like a union.

Instead of forcing people's wages down, company presidents would try to increase wages. Instead of firing people, they would find ways to employ them in good times or bad.

Presidents and chief executives would have to have their decisions ratified by a majority of employees. The salaries of company heads would be voted on by the employees. Company perks would be strictly limited and could be controlled by employees.

In short, if big business were a union, it would be democratic, accountable and dedicated to providing everyone with a decent living. Instead, business is undemocratic, accountable only to itself and concerned with making profits at the expense of the employees.

As a result of discussions between UTU, CUTE 1 and BCR executives regarding the slow pace of cab upgrades, the railway gave a commitment to have all lead units upgraded to CCO negotiated standards (ovens, sinks, etc.) before Oct 15th. (I know what you're thinking-- you'll believe it when you see it). In the interim, if there is a fully equipped unit in the lead consist the railway will ensure it is marshalled as lead.

When the committee meets again in October they will be discussing the design of new locomotives. If you have any ideas for improvements of future motive power now is the time to let your engine cab committee representative know. Your reps. are: David Moorhouse, John Holliday (1778), Harry Ulch, Rick Morgan (1923).

There is a new MK (now Boise Locomotive) 5000 HP unit on the property as a demo that the railway intends to test in pusher and lead service. The unit has a twelve cylinder CAT engine, two integrated display screens in place of the usual gauges and are "quiet cab" (but not isolated) design. It only has two doors to the outside, and is not quite up to our standard but has been approved by our union with the understanding that if the railway decided to purchase similar units they would have the necessary requirements. If you have the opportunity to ride in one, your input would be appreciated.

A secret deal between Canada's VIA Rail and the Brotherhood of Locomotive Engineers to operate trains without conductors or assistant conductors was uncovered and is now under assault by UTU. Both the BLE and VIA Rail were ordered by the Canadian Labour Relations Board (CLRB) to make known their secret deal to eliminate jobs.

At a hearing in front of the CLRB, a VIA Rail spokesperson said that it was VIA's intent to eliminate conductors with the help of the BLE beginning January 1, 1998. If that process was successful, the VIA spokesperson continued, his company was intent on eliminating the second engineer position, too.

UTU is vigorously defending the conductor positions on VIA Rail. The BLE's secret deal with VIA to eliminate jobs only harms the conductors and engineers by adding to job stress and irregular, long hours. UTU is currently involved in a representation election on VIA Rail with the goal of representing its engineers.

Union Pacific has assigned a task force to manage workforce fatigue as an important part of its renewed safety effort in its Fatigue Management program.

The task force will help develop an 8-pronged approach. A newly created position, director of alertness assurance, will oversee the project and work with the task force. Additionally, the director will work with a third party to help develop a crew scheduling pilot program.

This effort will require the involvement of train operations, crew scheduling and labor organizations. Beginning with the Midwest, UP will begin piloting crew schedules that make rest days and work times more predictable.

I would like to use the General Chairpersons' column to bring the members up-to-date on some of the issues with which the General Committee and the Railway have been dealing.

The arbitration on the method of operation for the Takla subdivision was concluded on September 8th and 9th and we are now waiting for the arbitrator's decision.

The Railway met with myself and CUTE 1 General Chairperson, John Ruddell, to discuss a manpower shortage the Railway is experiencing and expects to continue experiencing with their new winter operating plan. For those who don't know, this is a plan that would add an extra train per day between North Vancouver and Prince George when winter conditions dictate. The Railway came up with the idea of buying back annual vacation, so John and I took the time to explain why they could not do this under the terms of the collective agreement. Guess What? They said thanks for our candor and input but we are going to do it anyway. We filed an appeal with the Labour Board and an informal hearing was held. No agreement was reached at the information hearing. The Railway was requested by the Labour Relations Board to respond to our submission by September 9th. We were advised by B.C. Rail's Labour Relations Department on September 9th that the bulletin was being rescinded by letter and that would withdraw the offer.

The Railway has served material change notice as per Article 132 for Belt Pack Operation. CUTE 1 was also served. The first meeting is tentatively scheduled for September 29th. You will be kept up-to-date as this issue progresses.

We have had two days with the arbitrator on this issue with one more scheduled for September 26th. The first two days were spent showing the arbitrator what the job entails and what equipment requires a conductor pilot. I think both parties feel there may be an opportunity to negotiate this matter rather than arbitrate it. Only time will tell whether we can reach an agreement or not.

This arbitration is ongoing and I will update you when anything happens regarding this issue. Collective bargaining could affect this arbitration.

On August 18th the Railway met with myself and J. Ruddell, CUTE 1 General Chairperson, regarding the problems on Fort Nelson. The Railway explained the necessity for an eight crew operation and we examined what all considered, would be problems manning these assignments. No one expected the response to be what it was, and had we known we well may have done something different. As it turned out, I don't believe there was any necessity for all the panic to service these customers. It would appear that after the Union and the Railway put everything in place to meet the customers demands, the customer didn't seem to think it was necessary to load cars. As of September 11th this operation has been reduced to five crews, has been rebulletined, and is to be filled according to the collective agreement with no special arrangements in place. If there are any problems with filling these jobs we will review them at that time.

The hearing dealing with B.C. Rail's exemption from paying overtime was held on March 26th, 1997. As of this date we have not received a recommendation from the panel.

On September 10th the Joint Council met and the decision was reached to serve notice to enter into collective bargaining. This notice was served on September 11th and the Council requested dates, but the Railway was not prepared to set dates at that time. With the Railway's application to consolidate the unions from seven to three still before the Labour Relations Board, I suspect that is where the first meeting regarding collective bargaining will be. It would appear we will be facing most of the same problems we faced in 1995 regarding collective bargaining. You will be kept up-to-date as things progress.

If any members have items they would like to see addressed in this spot, please let me know.

Greetings Brothers, as most of you are aware I’ve been off since the end of April with a broken leg. The cast came off Aug. 11th and I’m well on my way to a full recovery (good thing I’m not a horse).

Well collective bargaining is just around the corner. The Joint Council served notice on Sept.11th to the company to commence collective bargaining. It will be interesting to see the company’s approach. My gut feeling is that company is going to try to prolong negotiating, attempting to dissolve the existing council through the labor boards ruling on the company’s application to reduce the number of unions on the joint council. There is still a lengthy legal process to follow the labor boards ruling, should the joint council decide to appeal the ruling.

Another issue I feel should be raised at collective bargaining is, in the past four years the company has come to both the U.T.U and Cute#1 memberships with manpower shortages. Both memberships have been very loyal to uphold the standard of service the customers of B. C. Rail require. But still the labor relations department of this company persists in requesting concessions that we have fought long and hard to attain through fair collective bargaining. Quite simply put MORAL HAS NEVER BEEN SO LOW AS IT IS NOW, OUR RELATIONSHIP CANNOT SURVIVE ANOTHER BLOW AS IT HAS IN THE PAST. We just want some respect towards our collective agreement and at the bargaining table. I’m sure that a vast majority of the running trade employees feel the same way.

I am also quite sure that the railway will be hiding under the P.S.E.C. umbrella. We have been working for the past three years without a wage increase so as far as I’m concerned, the NDP can put their wage restraints where the sun doesn’t shine. Those wage restraints would mean something more if they applied them to all public servants (like politicians). I feel we don't fall under the PSEC guidelines, B. C. Rail competes in the open market--just ask the management, they' re always stating that fact.

Also a message to the labor relations department, just because we work a shitty job doesn’t mean we like it or that we agree with your philosophy. Most of us have families to support.

We are facing a long uphill battle, we have to show our solidarity as we have in the past to get through these times of uncertainty.

There I was, dreaming of a pleasant trip
Went to work, hogger was a prick
Slammed me around, slack in that drag
Thought he was smart just to brag

Head end man hired on for his hands
Left town for the northern lands
Has to be told what to do
Everything a question, what a crew

Showed them where the bear shits in the buckwheat
If the crew works out I'll give them a treat
Feel pretty useless you old twit
Know it all you grumpy old prick

I've seen officials come and go
Trains pushing ten feet of snow
Hiked trains, snow up to your ass
Gawd I wish this trip would pass

Bunkhouse up north stinking rat-hole
Short sleep, no rest, going home only goal
Switch a few cars, train handling in the bar
Useless cab driver in the taxi car

Passengers complaining, wrong lunch served
Dumped on the floor as the train swerved
Meals dripping down the walls
Hogger's got a lot of balls

Cement for brains, hardened fast
Adverse to change, stuck in the past
Tilting at windmills, shadow boxer
There it is, you grumpy old conductor

Eyes like piss holes in the snow
Move this train, got to go
Company squirming every which way
Cut us down, what more can I say?

Ugly meets all day long
Complaint list goes on and on
Growing old before your time
Grumpy old conductor counting dimes

It is with great sadness we record the passing of trainman Alan Armstrong after a long illness. Funeral details pending.

We may not be participating in the N. Vancouver OH&S committee, but we have not forgotten about our member's safety.

As a result of a suggestion at the last local meeting, Local 1778 will now convey safety matters brought up during the "Safety First" portion of the meeting on a posted bulletin.

Bulletin number one contains members concerns about how one crew's work practices affect others, wearing seatbelts in company vehicles, unqualified persons performing trainmen's work, blocks into the interchanges and entraining / detraining at a safe speed.

Don't just talk about it, do something! Bring your safety concerns to the next local meeting.

BC Rail has challenged local safety committees to spend their 1997 budgets and to develop themes and slogans for safety messages. Are you feeling warm and fuzzy now?

Rumor has it that there is now a one-man task force investigating the movement of trains without patrols. Local 1778 has long recommended that trains without patrols proceed at restricted speed through high-hazard areas.