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Proposed Work / Rest Rules for Federally Regulated Rail Operating Employees

Starting in 1997, the Railway Association of Canada (RAC), in consultation with the UTU and BLE, began developing Work / Rest Rule recommendations to the Minister of Transport. If adopted by government, the proposed rules will effect all federally regulated operating employees.

The Work / Rest rules are intended to allow operating employees sufficient opportunity to obtain adequate rest between tours of duty and for alertness to be sustained throughout the duty period. To this end, the rules allow maximum time on duty of 12 hours in freight and passenger service, 16 hours in work train service and 12 hours for one tour of duty in the yard. Maximum on-duty time for more than one tour of duty in a 24 hour period is 18 hours (16 hours for yard service). Six hours continuous time off duty would be required to "reset" the clock to zero. Also, operating employees who go off duty after being on-duty in excess of 10 hours will be subject to at least 8 hours off duty, exclusive of call time (6 hours at the away from home terminal). Deadheading at the commencement of a duty period will be included in total on-duty time.

The rule also requires railways to implement fatigue management plans designed to reduce fatigue and improve on-duty alertness. The plans must consider employee work scheduling practices; education and training; on the job alertness strategies; rest environments; work environments; working under unusual conditions, and unique deadheading circumstances.

The work / rest rules are accompanied by a circular intended to provide guidance in the interpretation of the rules. The circular contains questions and answers regarding specific situations, defines the conditions under which a supervisor performing the function of an operating employee is subject to the rules and includes union participation in the development and implementation of fatigue management plans.

The circular also further details scheduling practices, unusual operating conditions, and rest and work environments. It requires railways to explore and implement scheduling practices that consider circadian rhythms and manage those points in time when circadian rhythms are most likely to cause an employee to be sleepy. It suggests that the fatigue management plans include napping policies; criterion for evaluating and upgrading existing rest facilities to provide the best opportunities for rest, and methods of minimizing adverse impact of work environment factors on employee fatigue, such as lighting, temperature and vibrations. The circular includes locomotive cab audio systems as an example of fatigue countermeasures.

The UTU holds that the rules should also include provision for 72 hours off-duty time for employees who have been available for work for seven consecutive days, and the requirement for eight hours notice prior to going to work. Also, together with the BLE, we oppose the definition of when a supervisor is subject to the rule. As it stands, supervisors are only subject to the rule after working as an operating employee; service as a supervisor prior to service as an operating employee is not used in the calculations for mandatory rest and maximum duty times.

Regardless of our differences with the RAC, this initiative will go a long way towards improving the safety and health of our members and will force railways to begin jointly implementing fatigue management plans.

Unfortunately, BC Rail is not a member of the RAC, nor are they federally regulated. However, when the rules are implemented, it will provide a strong incentive to address fatigue on this property.

~ D. Moorhouse ~

Green Goat Emerges Into Daylight

By Henry Reimer

Railpower Technologies has let its new hybrid locomotive out into the daylight at the Southern Railway of British Columbia yard in New Westminster for its first series of operational tests. Nicknamed the "Green Goat", RPRX #2001 is expected to introduce a new series of reliable low emission yard switcher technology to the railway market.

The locomotive is constructed on a traditional GP9 frame, but that is where the similarity in appearance ends. The long hood is low, so the engineer can see an unobstructed view in all directions. The cab sits high, and the short hood is also low. Traction power comes from a legion of lead-acid batteries, which take up the majority of space under the long hood. The batteries are kept charged by a small diesel prime mover, which runs only when required to keep the batteries charged. Since its only function is to charge the batteries, it runs at a constant speed when operating. Power is always available without delay from the batteries. As a result, the unit is much quieter than a conventional diesel-electric, and much more efficient and lower in pollution.

The unit did its operational load tests on Oct. 5, in the SRY yard. Railpower expects to announce a full longer term trial with a major railway in the near future. Meanwhile, it is working on the next generation hybrid, on which marries a gas turbine which operates on compressed natural gas.

This is an interesting company headed by a former BC Rail'er, Frank Donnelly. The research and construction efforts to improve locomotive technology are taking place right here in our own back yard!

Keep your eyes peeled for the Green Goat to turn up in trial service, and for more interesting locomotives to follow.

http://www.railpower.com

Recently, a member of Local 701 was fined $500 plus assessed costs of $75 for blocking a crossing with his train. According to our sources, Transport Canada was waiting when his train blocked a crossing for more than five minutes during a routine pick up. Charges were laid, and during the court proceedings, the judge commented that he thought the fine was quite large, considering the infraction. He was reminded that the prosecution was seeking the minimum fine, and that the maximum was $5000! Afterward, in discussions with union officers, Transport Canada officials indicated they intend to make a practice of fining train crews, rather than the companies, because they are frustrated by the railways simply paying the fines and continuing to violate the five minute rule. According to them, targeting the train crews will garner more attention.

Imagine if the blocked crossing resulted in a delay to an ambulance. Depending on the outcome, rather than face a fine, the conductor may very well face manslaughter charges!

Few issues of this newsletter go by without a reminder to our members that they must be vigilant in observing the rules. Next time you anticipate blocking a crossing at a meet or pick up, consider the consequences. Nothing is so important or so urgent that you can't take the time to do it safely, and within the law.

Where are the coolies in your poem, Ned?

Where are the thousands from China who swung

their picks with bare hands at forty below?

Between the first and the million other spikes

they drove, and the dressed-up act of

Donald Smith, who has sung their story?

Did they fare so well in the land they helped to

unite? Did they get one of the 25,000,000 CPR shares?

Is all Canada has to say to them written in the Chinese

immigration act?

FR Scott (1899 - 1985) was considered an important commentator on Canadian society and literature and a prominent participant in left-wing political activities. This poem was written in response to a poem by fellow poet Ned Pratt called "Towards The Last Spike", which was a tribute to the Scotsmen who did much of the planning for the construction of the CPR. The Chinese Immigration Act referred to in the last stanza was enacted in 1923 to keep out the wives of Chinese railroad workers. The Act was repealed in 1946.

1. I can see your point, but I still think you're full of shit.
2. I have plenty of talent and vision...I just don't care.
3. It sounds like English, but I can't understand a word you're saying.
4. Someday, we'll look back on this, laugh nervously and change the subject.
5. I will always cherish the initial misconceptions I had about you.
6. I don't know what your problem is, but I'll bet it's hard to pronounce.
7. Any connection between your reality and mine is purely coincidental.
8. I like you. You remind me of when I was young and stupid.
9. I'm not being rude. You're just insignificant.
10. Thank You. We're all refreshed and challenged by your unique point of view.
11. Yes, I am an agent of Satan, but my duties are largely ceremonial.
12. I'll try being nicer if you'll try being smarter.

 Little Bones

Lat 49 - 18’- 72" N

Lon.123 -05’-14" W

"Ahoy, ahoy, ahoy!"

"Greetins’ an salutations, ye renegade barnacle."

‘Tis another fine chronicle ye managed te get yer paws on, an just in time fer Christmas too. Well then, kick back an fill yer mug with rum, an yer boots with bilgewater, ‘cause in the din of inequity, ye can see the den of inequity, which seems te be company policy, lately.

"An what’s that ye say, Sea-Hound ?" "Oh ya, the floggins’ will continue until morale improves."

Top a the season to ye, and yers.

See ye on the High-Rails!

~ DL Moorhouse ~

In reaction to a trend of past wintertime injuries, BC Rail senior operations mangers began talking to the UTU executive and the Council Safety Advisor about ways to improve the safety of our members by modifying present practices. As a result, the full-stop entraining / detraining policy was implemented on a trial basis with the support of all parties.

Since the Nov. 1 implementation, this policy has been discussed at local meetings, at tailgate meetings with union safety reps., through e-mail dialog and personal contact. The reactions vary, but the consensus seems to be that crews are frustrated by the policy's effect on efficient switching operations, by the apparent inconsistency of the exemption for through-freight switching, and by the new risk of exposing themselves to the effects of slack action while the movement starts or stops.

In response, the North Vancouver Operations safety sub-committee wrote a letter to the Joint Safety Advisory Committee (JSAC) recommending that the policy be modified. The JSAC has taken this, and other comments under consideration and has recommended the policy be modified to allow entraining / detraining at a maximum speed of two mph, and that the policy be extended to through-freights. The revised policy acknowledges that there may be times in emergent situations where common sense must prevail, and concludes with the statement that "no job on this railway is so important that you can not take the time to do it safely".

In spite of the cultural impact of this policy, members may soon see the benefit of reducing the strain on ankles, knees and hips resulting from frequent entraining / detraining -- as have members from other railroads who have been working under a similar policy for years -- and ultimately may see a reduction in injuries. And we have already seen a side benefit; this new policy has generated a lot of discussion about safety and has heightened safety awareness.

Remember, you still have the option to stop the movement to get on and off.

~ DLM ~

An election for local chairperson was held upon the resignation of Steve Edgar.

Ballots received 77

Returned due to change of address 6

Spoiled 3

Counted 68

Brian Gleason 46

Greg Couch 22

Brian can be reached at:
(604) 591-1667

Fax (604) 591-1683

Cell (604) 612-2774

The Brotherhood of Locomotive Engineers (BLE) has voted not to merge with the United Transportation Union (UTU). The 17,251-to-7,425 vote against merger was certified by the American Arbitration Association (AAA) on Monday, Dec. 10. In October, UTU members voted six to one in favor of merger in a vote also certified by the AAA.

Brothers and Sisters.

William Blake (1757 - 1827) said: "To generalize is to be an idiot." We have that problem on the railway. Too many people, Unionized and Management alike, make too many general statements about too many things with absolutely no basis of fact. In other words, don't let the facts get in the way of a good story!

Take safety for example. We all know that the majority of employees go about their business in a safe and efficient manner. Management on this railway would prefer to concentrate on employees in the "deadbeat" category rather than acknowledge the positive efforts of 95% of those doing a good job thereby creating an atmosphere of mistrust and loathing. The ultimate result of this management style is the total destruction of morale.

Another example of management's desperation is the stigmatization of those employees who understand and exercise their collective agreement rights. Do what we say when we say it regardless of the degradation of the collective agreement. Those who choose to exercise their rights are considered to be "non-co-operative", a general statement of no particular worth again leading to the atmosphere of loathing and mistrust.

On the Union side, many members have the audacity to make statements such as "The Union isn't doing anything!" Generalizations such as this only serve to undermine the positive efforts and due diligence of those attempting to protect the rights of workers. Individuals who utter nonsense of this nature only serve themselves. It is far easier to "generalize" than to gather facts by asking questions, attend Union meetings or, heaven forbid, get involved!

For too long, Management has relied on the pointing of fingers, singling out and stigmatizing individuals to assert their authority. Management has an obligation to set an example, and not get caught stepping in their own freshly excreted waste!

On a lighter note, I would like to wish you and yours a Very Merry Christmas and a Happy and Prosperous New Year!

D.G. Byron

Local Chairperson

Local 1923

As he rode his bike along the edge of the rail yard, the droopy hemlock branches whipped past his shoulders and kept him hidden. Nail could not be sure which tracks of boxcars would be leaving on the mile-long train he planned to stow-away on and which would stay, but he took a chance and jumped up on an empty flatcar. It was starting to get dark and Nail figured he could stay out of sight where he was. The car carried stacks of lumber when it was loaded, and it was a good guess some sawmill up north would want to fill it up again. Nail had stashed his bike in the thick trees and brush alongside the yard, and now he was getting his backpack tucked against the ten foot high bulk-head that kept the lumber from sliding past the ends of the car. Straightening up, he was face to face with a huge work-clothes clad man, who until Nail startled him had been quietly inspecting the wheels, brakes and running gear of the boxcars leaving on the train.

"Whoa, scared the shit outta me," he said, eyes wide.

"Sorry," Nail said.

"Sorry?" he said, "What the hell are you doing here kid, this isn't some playground."

"I was going to catch a ride on the train," Nail said.

"And you're going to ride here?" the Carman asked, pointing at the open-decked flatcar.

"Well, if this one's going I am," said Nail.

"Jesus," the Carman said, "Its winter past Squamish you know, this thing'll be covered in snow. You'll be shaking like a dog pooping peach pits before you even get that far." He thought about it for a minute, "Why don't you go on the passenger tomorrow morning?"

Something in Nails face told the tough old workman there wasn't much chance of that.

"Ok. Stay out of sight and we'll see about this."

Nail did as he was asked. Before long the Carman returned, this time with two other men.

"Here's our little Woody Guthrie," the burly workman explained.

The other men, who were dressed in work clothes as well, looked at Nail for a minute. The older of them asked, "Where are you going?"

Nail looked at the man, and decided to tell the truth. "I'm going on a trip."

"Where, like Whistler?" the younger of the train crew asked.

"No, I'm headed across Western Canada, but I want to follow the northern route," Nail answered.

"Oh yeah, rail-fan on a budget I'd guess," the older one said, smiling at the Carman. "Coast to coast on beans and toast." Then, looking at Nail, "Get on the second engine. Keep your head down until we leave the yard, then you can at least stay warm. And don't do anything stupid, like try and jump off the train 'cause you see some babe waving at you. I could get in some serious shit over this, so if anyone asks, you never talked to nobody, OK?"

Nail nodded and they all started walking.

"You really a rail-fan kid?" The Carman asked.

Nail reached in his backpack and pulled out his big sketch pad. He flipped through the pages until he came to the one he wanted. He showed it to the Carman.

"Wow, this is really good." he said, looking at a drawing Nail had made of a locomotive a week ago. Suspiciously, he asked Nail if he had drawn it. Nail got out the pencil in the side pocket of his pack, and in five or six quick strokes, drew a caricature of the mechanics startled face when he'd first seen Nail. Now the locomotive engineer and the train's conductor were looking too.

"Hey, that is pretty good. Looks like Bill here just filled his pants."They laughed, and Nail felt badly that he'd made fun of the man who'd introduced him to the train crew, and hadn't ended his trip before it started by calling the railway police.

"Here," Nail said, handing the grimy-handed carman his book. "Take a look."

The Carman turned the pages, looking at drawings of Lions Gate, cruise liners, tug boats, birds, dogs and some elderly natives from Mosquito Creek.

"Take any one you'd like," Nail said.

The Carman smiled and held up the locomotive with his own face in the corner, "Can I have this one?" he asked.

"Sure," Nail said, tearing it out and handing it to the smiling mechanical shop employee as he clambered up into the second locomotive's cab.

As the train crept out of the yard, Nail kept himself below the height of the engine's windows. From where he crouched he could see a small fridge, hotplate, and down in the nose, a washroom so small he couldn't see how a man as large as the Carman he'd met could even get in there.

Soon he had his face up to the window, watching as West Vancouver rolled by. The vibration of the 200 ton engines set off alarms in some of the cars parked close to the tracks. Other than that there was no sense of people being disturbed at all by the train. In fact the view into the windows of the condos they went past showed people going about the business of cleaning up after dinner, watching television and getting ready for bed as though there wasn't a mile long train anywhere near.

Nail learned then what a first-rate place to watch the world a train engine can be.

After chugging past Ambleside and leaving the built-up swank of waterfront West Vancouver, they entered and exited a long tunnel that seemed to mark the end of residential development. They went past the BC Ferries terminal, high and directly above Horseshoe Bay and soon the train was in more remote locations. With a commanding view of Howe Sound, Nail relaxed in one of the three big reclining chairs in the engine cab. From this ocean-side seat he could see lights far away on Vancouver Island, and what must have been Gibsons on the Sunshine Coast.

The moon was up, and a silvery glow glinted off the waters corrugated surface. With the low thrum of the diesel engines, the side-wall heaters pumping and the rhythmic rocking of the tall engine on the rails, Nail soon felt himself drifting off to sleep.

"Hey Kid, wake up," was the next thing he heard.

They were stopped, the ground was covered in snow all around, and the Conductor, a man about twice Nails age, was standing over him.

"Is something wrong?" Nail asked.

"Goddamn Right something's wrong," the Conductor said. "We were supposed to meet the southbound here half an hour ago and the pokey bastard still hasn't shown up. Come on up and have some breakfast. My name is John."

With that John turned around, opened the door at the nose of the engine and started out. The cold blast reminded Nail he hadn't really packed for winter. He grabbed his thin jacket and followed John into the rear of the lead locomotive. Once inside the section that held its engine, Nail was shocked at the size and noise coming from the 20 foot-long motor.

"Don't touch the bloody thing," John yelled over the dense slap of uncovered valve-lifters. "Its hotter than a two-dollar wristwatch."

Nail followed John up to the cab, where the Locomotive Engineer sprawled, hat over his eyes and slumped down in his chair behind his solid steel console. The panel was fitted with dozens of gauges, toggle-switches and lights, and had several different-sized levers sticking out at all angles. From underneath the hat Nail heard, "Have a nice nap Sonny?

There was a coffee pot on the hot plate, and John was opening the small oven. The smell of cooked bacon and eggs filled the cab.

"Here's a plate, here's a cup, help yourself," John said, "We've eaten."

As Nail shoveled in hot food, he noticed they were surrounded by snow-covered mountains. "Where are we?" he asked.

"Past Whistler Sunshine, and you can put Pemberton behind you too," the Engineman said. "We've already gone up two mountains, and down one, so you can guess what's next."

"Down another mountain?" Nail asked.

"Kids a fast learner," the Engineer said, and then, putting his plate down, "Holy Molasses, here they are."

Nail looked up at a nightmare. Hurtling toward them, snow flying out both sides, another set of giant locomotives were bearing down. They would never stop and Nail quickly thought about jumping. He might have if the other two weren't standing up slowly and waving. As the train whizzed by, Nail finally realized it was going by on another track. It didn't have to stop for almost two miles, so it was still going full speed.

"Did that train scare ya Kid?" the Engineman asked. "I guess we could have told you we were in the siding. Don't worry, John and I won't get you killed. Not as fast as cheap whiskey would anyway."

"My name's Joe," he said, extending his hand. "You want to stay up here with us or go back to your own little home?"

Nail wanted to stay in the cab and watched intently as the Conductor got out to line the switch back for their route.

Joe waited until John gave him the signal, then started slapping levers, coaxing the train into motion as the sound of escaping compressed air filled the cab.

They picked John up on the move, something he'd seen trainmen do in North Vancouver, big men leaping onto tiny ladders with a grace and economy of movement that seemed out of place with the loose clothes and rest of the their movement. It was as though only one part of the song had a good tune. They picked up speed and got the engine rocking from side to side again in a few minutes.

"Going down a steep hill now Nail," Joe said. "About as steep as railroads run on. Lucky for us all we've got are empties on this lightweight. Might even be able to stop at the bottom!"

Nail figured he'd get used to the way this old Popeye teased him, and count on the fact that Joe seemed to know what he was doing. For now he was going to look out the window and enjoy the ride.

to be continued….

Brothers and Sisters,

Well, another year is rapidly coming to a close. In the past year we have seen some big changes at BC Rail. As many of you know, we are going to see some more very big changes in the New Year. The Council of Trade Unions has had some preliminary discussion and received a basic overview of the Railway’s position. As of this date, other than our Brothers and Sisters involved in the intermodal part of BC Rail, we have not been given any specifics regarding what the changes will mean to you, the members. We have a meeting scheduled with BC Rail for January 29, 2002 at which time management says they will be able to tell us what is going to happen. Once we receive this information we will be scheduling meetings across the property to discuss this with you.

I would personally like to thank each and every one of you who supported the request to work to 80 hours and no overtime. This helped greatly in getting our laid off Brothers and Sisters back to work. I hope it doesn’t become necessary to request your support again but if we experience long term layoffs in the future we may then be forced to ask for your support.

I would like to congratulate Brian Gleason on his election to the position of Local Chairperson for Local 1778. I would also like to thank Greg Couch for assuming the Local Chairperson’s duties previous to the election, and his ongoing support for Local 1778 as Vice Local Chairperson.

As UTU members we know winter has come again, unlike some of management! I would ask everyone to be extra careful out there as this time of year makes our jobs more dangerous than usual. Take your time and work safely. We want you going home in the same condition as when you went to work.

All the Best to Everyone and their Families for the Upcoming Holiday Season.

~ Bob Sharpe ~

General Chair - GO 759 (BC Rail)

Phone: (604) 434-8075

Fax:(604) 434-9380

Cell: (604) 220-3488

rksharpe@axionet.com

02/23/2002