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Tex-Mex employees vote on representation
LAREDO, Tex. - Train and engine service employees on the Texas-Mexican Railway are voting this week on whether they wish to be represented by the United Transportation Union or the Brotherhood of Locomotive Engineers.

Ballots were mailed June 14 by the National Mediation Board. The ballot count will be held July 15. There are some 120 eligible voters. All Tex-Mex train and engine service employees currently are represented by the UTU.

In 1999, the BLE filed an application with the NMB to represent just locomotive engineers on the Tex-Mex, who already were represented by the UTU along with train service employees. The UTU responded that the appropriate craft on Tex-Mex was train and engine service employees. In March 2000, the NMB ruled in favor of the UTU and dismissed the BLE application for insufficient showing of interest as the BLE had no authorization cards from trainmen.

BLE's most recent filing this year was for train and engine service employees in light of the March 2000 NMB conclusion that the appropriate craft on the Tex-Mex is train and engine service employees. Thus when the NMB ordered the Tex-Mex representation election May 31, it implicitly found again that a community of interest exists on the Tex-Mex.

Meanwhile, the UTU, which asked the NMB to order a winner-take-all election on Kansas City Southern, is awaiting a decision in that case.

The BLE application to seek a representation election on the Tex-Mex for train and engine service employees is considered recognition by the BLE that any historical craft distinctions that may have existed between the crafts have been blurred. That, of course, is the UTU argument in seeking a representation election on the KCS.

On most railroads today, train service employees hired since 1985 are required to accept promotion to locomotive engineer. Conversely, surplus engineers may exercise seniority and bump back to train service positions. Thus a post-85 employee -- and almost half of operating employees have been hired since 1985 -- may be a conductor one day and an engineer the next, which is what caused the historic craft distinctions to become blurred.



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BLE wins Tex-Mex vote
LAREDO, Tex. - Train and engine service employees on the Texas-Mexican Railway, currently represented by the UTU, voted 60 to 49 in favor of being represented by the Brotherhood of Locomotive Engineers (BLE) in a vote certified by the National Mediation Board (NMB). Results were announced Monday afternoon, July 15. Some 120 train and engine service employees are affected.

The election was called in response to a petition by the BLE following an NMB conclusion in March 2000 that there is a single craft or class on the Tex-Mex with the appropriate craft being train and engine service employees.

The UTU, separately, has asked the NMB to order a winner-take-all election on Kansas City Southern. The NMB has not yet ruled on the UTU petition.

"I congratulate BLE President Don Hahs on this hard-fought victory," said UTU International President Byron A. Boyd, Jr. "We will support the choice made by the employees on the Tex-Mex and we wish them well with their new representation. This vote does reaffirm our belief that all the operating employees should have a vote as to what organization will represent them.

"The good news is that the employees on the Tex-Mex have one single representative for the historical operating crafts, as is our position before the NMB in the KCS matter," Boyd said.

July 15, 2002


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UTU responds to unprovoked BLE&T raid
The UTU "will do everything necessary" to protect itself and its members from "aggression by the Brotherhood of Locomotive Engineers and Trainmen," UTU International President Paul Thompson told BLE&T President Don Hahs in a letter dated July 14.

The letter followed a plea by Hahs and Teamsters President James Hoffa to BLE&T officers and members to engage in a nationwide raid on the UTU intended to destroy the UTU as an organization. Railroad employees "need to be part of the Teamsters Rail Conference," Hahs and Hoffa said, telling BLE&T represented locomotive engineers that they are in "a unique position" in the cab to recruit UTU members into the Teamsters-dominated BLE&T.

Thompson responded to Hahs that "since being elevated to International president of the UTU, I have reached out to you repeatedly and done all I could to make peace with the BLE&T. I even suggested we review the original merger documents and try to address what concerns you had with those documents. You have responded that peace is impossible unless the UTU joins you in an affiliation with the Teamsters Union.

"Now you have dropped a bomb on the UTU with a new raid on our members," Thompson said, adding:

The BLE&T has turned to being dominated by a non-railroad union, having admitted its failure at effectively representing its membership.

The BLE&T claims its affiliation with the Teamsters provides a new-found strength through the power of one million Teamsters who supposedly will stand behind the efforts of rail workers to obtain higher pay and more secure jobs.

What the BLE&T fails to say is that the Teamsters' National Master Freight Agreement with trucking companies contains a no-strike clause and requires a reduction in the number of highway trailers that may move by rail.

Moreover, railroad labor negotiations still are governed by the Railway Labor Act, which is designed specifically to prevent interruptions to interstate commerce. Rail work stoppages typically result in government intervention, such as the 1982 Van Wart Study Commission, which produced devastating results.

The Van Wart Study Commission came about after the BLE took its engineers out on strike in hopes it could make the locomotive engineer the highest paid crew member. That failed strike led to creation of the Van Wart Study Commission by the White House and Congress. The Van Wart Study Commission recommended a two-tier pay system, an increase in the basic day and no additional pay for the engineer.

The best contracts -- in the future, as in the past -- are those voluntarily negotiated and ratified by the membership. This has been the successful strategy of the UTU, which during the latest round of bargaining secured for its members across the board wage increases and obtained pay parity that resulted in huge increases for post-1985 employees. Additionally, with regard to health care, the UTU was the only organization that retained a zero-cost option for members, health care choices not available to other organizations and improved health care benefits.

The fact is that the Teamsters Union hasn't organized a major trucking company in almost 25 years.

Teamsters President Jim Hoffa promised when he took office that he would organize non-union Overnite Transportation, then owned by Union Pacific. The Teamsters abandoned attempts to organize Overnite and admitted failure of the colossally ignorant strike they called, which was the biggest flop since PATCO.

Some 12,000 flight attendants from Northwest Airlines recently disaffiliated with the Teamsters, saying the truck-driver dominated union had no interest in other crafts and disrespected them.

The Teamsters Central States Pension Plan is nearly bankrupt, and there is speculation that one aim of the Teamsters is to gain a sufficient number of railroad employees that they can make a grab for funds in the financially healthy Railroad Retirement fund -- a grab that would put current and future rail workers' pensions in jeopardy. I find it strange that the Teamsters contend that the reason the Central States Pension Plan is nearly bankrupt is due to the stock market. By contrast, the Railroad Retirement Trust Fund has earned approximately $7 billion over the past 30 months.

Separately, Thompson told UTU officers and members attending a regional meeting in Boston that, "Not in my administration will we ever become a member of the Teamsters organization."

July 14, 2004


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Thompson: 'We won't go to bottom of BLE&T roster'
NEW YORK CITY - One-person train crews are being encouraged by Wall Street analysts. These analysts are advisers to major railroad stockholders, who select carrier boards of directors and control the hiring and firing of senior rail officials.

The analysts are avoiding the term, "engineer only." The reason is because the United Transportation Union (UTU) holds crew-consist agreements that protect the employment of conductors. The Brotherhood of Locomotive Engineers and Trainmen (BLE&T) has no such agreements protecting the employment of engineers.

Burlington Northern Santa Fe CEO Matt Rose told analyst Scott Flower of Smith-Barney/Citigroup that productivity relating to train technology will be "high" on BNSF's agenda when contract negotiations commence this fall.

Flower observed that "train technology refers to the potential opportunity of one-man train crews operating a relatively large proportion of through trains."

One-person train crews "would be arguably the most significant cost savings event for the railroads in over a decade," said analyst James Valentine of Morgan Stanley.

There is speculation that the reason the BLE&T is pushing to include trainmen in the BLE&T's merger with the Teamsters is so that the Teamsters could gain control of trainmen contracts and extinguish the crew-consist agreements held by the UTU.

Repeatedly, BLE&T president Don Hahs has said he wants only "qualified engineers" on each train. UTU crew-consist agreements prevent the railroads from going to engineer-only operations.

Valentine, more specific than Flower, has been speaking to his investor clients about the new technology of Positive Train Control (PTC), designed, he said, "to automatically keep trains at proper distances from one another." PTC is similar to remote control technology in that it is computer driven. It is with PTC operations that carriers want to go to one-person crews.

Wall Street analysts have observed that when remote control technology (RCL) was introduced by carriers in the U.S., a neutral arbitrator ruled that RCL replaced the engineer and not the conductor. The conductor continued to send signals to the computer as the conductor had sent signals to the engineer.

In fact, during the arbitration hearing, BLE&T President Don Hahs conceded that no wheel of a train turns unless the conductor gives the order.

The result of RCL is that the engineer position in yard operations was eliminated and the conductor became the RCL operator. "This didn't have to happen and wouldn't have happened had the other organization accepted our invitation to jointly negotiate protective agreements," said UTU International President Paul Thompson. "It is a sad day when an organization plays politics with their memberships' jobs."

It was more than 10 years ago that RCL was first introduced in Canada. During negotiations in Canada on remote control, both the UTU and the BLE were initially involved in the negotiations with the carrier. During these negotiations, the BLE took the position that they no longer wanted to meet jointly with the UTU and talks broke down.

The carrier expressed dissatisfaction and despair with the position taken by the BLE, indicating very clearly that were there an orderly and unified process, the benefits and conditions accruing to employees would be superior. Disregarding this guidance, the BLE refused to enter into meaningful negotiations and the process continued in a different direction. The position taken by the BLE sadly resulted in the issue being submitted to arbitration.

Throughout the entire negotiations, the UTU was very willing to work to protect both engineer and train-service positions. It was the BLE that refused to sit with the UTU during these negotiations, which led to the arbitration award eliminating yard engineer positions in Canada.

When RCL raised its head in the U.S., once again the UTU offered the BLE 50 percent of remote control positions. BLE President Don Hahs said he would accept only two engineers on each remote control assignment - identical to the agreement the BLE negotiated on Montana Rail Link, where the BLE represents both engine and train service employees.

The BLE made the decision to fight RCL in the United States; and, for a second time, failed to represent its membership. The UTU, while not holding the contract for engineers, again attempted to protect engineers by negotiating with most of the major railroads protective positions for locomotive engineers in addition to train service employees.

However, the BLE again refused to accept such protections on behalf of engineers simply because the UTU, and not the BLE, had been the organization to negotiate the protection.

It is envisioned that PTC similarly could be positioned to replace the engineer on through-freight trains - leaving the conductor as the surviving member of the train crew.

In fact, the New York City subway system recently announced its intent to eliminate the engineer's position on its subway trains as it shifts to computerized operations that will leave the conductor as the surviving crew member.

So long as the UTU holds crew-consist agreements, carriers have no choice but to offer new one-person crew technology to conductors rather than engineers. This, said one Wall Street analyst, is why the BLE&T must gain control of trainmen if it is to make the engineer the surviving train-crew member. The UTU's Thompson said, "There is no way the UTU will roll over and not protect its crew consist agreements and be forced to accept leftover positions from the bottom of the BLE&T seniority roster."

In discussing PTC, Thompson said PTC has not yet been proven to meet the safety standards the UTU insists be in place for all operating crews. Here again, new technology is proceeding forward and both the BLE and UTU, sometime in the future, will once again be faced with how to address the issue.

In the past, both organizations fought new technology only to lose the fight completely. "The UTU," said Thompson, "learned long ago that in order to properly protect the membership from the loss of their livelihoods, it is always in our best interest to represent our membership instead of fighting a losing battle.

"Today, on all the major carriers, UTU-represented employees have crew consist agreements providing protection to UTU members. The UTU may have lost positions, but only through attrition," Thompson said. "In addition, UTU members have protection from the adverse affects of RCL. The BLE&T has no agreement providing for crew consist protection in the face of changing technology." "For the BLE&T," Thompson said, "it is much easier to blame the UTU for all of their failures regarding crew consist than to admit to its membership that time and again the BLE&T has failed to properly represent them. The UTU will always work to protect all crafts," Thompson said.

Unfortunately, in both Canada and the U.S., the BLE&T declined to be part of those arrangements."

July 23, 2004


-- Edited by Troll at 19:13, 2008-03-27

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No free lunches
Imagine you ran a restaurant. Imagine some customers bring in uncooked food and use your stove, utensils, supplies, air conditioning, tables and chairs, but pay you nothing. Your paying customers would have to pick up the difference.

That's what happens when trainmen join the other organization but expect the UTU to negotiate their contracts and protect their seniority. UTU dues-paying members pick up the costs of protecting those freeloaders and it's wrong.

This is happening because the other organization has been raiding our membership with the lure of reduced and free dues. The objective is to destroy the UTU. Until the other organization eliminates our crew consist protection, it can't negotiate engineer-only agreements as it unsuccessfully sought with its Lake Erie Plan, but did accomplish on Canada's VIA Rail.

The maintenance of membership and seniority accumulation fees UTU general committees are implementing require everyone who derives benefits from the UTU to pay for those benefits.

And now a word to those who bolted to the other organization for reduced dues. How long can they last? Engineers pay more than $27 per month to the other organization, and face an $11 monthly increase in another year, making their International dues $38 monthly versus $20.50 for the UTU.

Do you think you will still be paying cut-rate dues to the other organization if the UTU is destroyed?

November 11, 2004


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Unstable & Irrational

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I don't believe any of them could run a restaurant.

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Judging from the pics I have seen, it doesn't look like Boyd ran by too many.

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BlackDog wrote:

Judging from the pics I have seen, it doesn't look like Boyd ran by too many.




I believe it was on Purdy's site where someone penned this:

"Byron (choked down too many steaks with management) Boyd"



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ISO 9001 Reading Material
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