DISTRICT 19 NEWSLETTER
INTERNATIONAL ASSOCIATION OF MACHINIST & AEROSPACE WORKERS VOLUME EIGHT ISSUE ONE MARCH , 1999
President and Directing General Chairman, Robert L. Reynolds
Secretary Treasurer, Windell Gregory
PRESIDENT DIRECTING GENERAL CHAIRMAN'S REPORT
Dear Sisters and Brothers:
In this issue of the District 19 Newsletter, I would like to address two subjects.
The first subject is the Retention of Seniority Rule contained in the December 18, 1987 National Agreement. From time to time, it comes to my attention that promoted machinists who have been paying dues or a monthly fee equivalent thereto discontinues such payment without any action being taken by the local lodge to ensure that promoted machinists discontinue retaining and/or accumulating seniority.
Promoted machinists subject to the provisions of Article 7 (Seniority Retention) of the December 18, 1987 Agreement, promoted prior to January 1, 1988, were required to pay either the monthly dues or an appropriate monthly fee to continue to accumulate seniority. Failure to do so subjects them to having their seniority frozen as of the last day of the last month in which they paid such dues or fee.
Machinists promoted on or after January 1, 1988, are required to maintain their good standing membership or forfeit their seniority completely. Every machinist should carefully inspect their respective seniority roster for any errors that may be contained therein and to make sure that promoted machinists who fail to comply with the provisions of Article 7 do not improperly continue to retain and/or accumulate seniority.
Each local lodge financial secretary treasurer should immediately contact his local's servicing machinist general chairman in the event that a promoted machinist fails to comply with the Retention of Seniority Agreement in order that the matter can be promptly handled as deemed necessary and appropriate.
The other important subject I wish to discuss is our Machinists Nonpartisan Political League and the importance of the elections in the year 2000. The members of the lAM National MNPL Planning Committee recently voted to recommend that local lodges contribute $1.00 per member per year to our MNPL Educational Fund in lieu of the 30 cents per member previously recommended.
The increase is needed to keep our IAM members fully informed on the legislative issues vitally important to each of us and to keep each member informed on their respective congressional representatives positions and/or actions concerning those issues. Whether we like it or not, we are governed by legislation in almost every aspect of our life. If we do not become and remain politically active, those who are politically active will determine our future.
Issues such as the potential privatization of Social Security and Railroad Retirement, the future of Medicare and Medicaid, a patient's bill of rights, the minimum wage issue, an expansion of NAFTA, the Republicans' scheme to enact the "team act" and a "comp-time bill" along with other legislation important to us all will probably be determined in large part by who is elected in the year 2000
If we wait or stand idly by expecting someone else to take up the fight in our behalf, we will lose the war with corporate America. If we become politically active on a local, state and national level and support our MNPL by contributing the amount per member previously referred to herein to our MNPL Educational Fund or by making a personal contribution to our MNPL General Fund, we can and will successfully elect candidates in the year 2000 that will be worker and family friendly.
I urge the members of every local affiliated with District Lodge 19 to make their respective contributions to our MNPL Educational Fund as quickly as possible.
In closing, I want to again urge every member to attend your local lodge meetings, take part in the deliberation concerning lodge business and support your local lodge officers and committee who work hard at representing lAM members everyday.
D. R. Babcock
Burlington Northern Santa Fe Railway (BNSF) –
The proposed agreement with BNSF to combine the BN and SF Traveling Mechanic Agreements was rejected by a majority of the Traveling Mechanics, who cast ballots in the ratification process. As a result thereof, we have met in conference with the Carrier to discuss the reasons why the proposal was rejected.
The Carrier took note of our comments and indicated they would review this matter As of the date this report was prepared, we are still waiting for the Carrier's response to our recommendations to amend the proposal to make it palatable to the membership involved. At this time we are still uncertain as to what changes, if any, the Carrier will propose in this matter to reach a resolution thereof. We remain cautiously optimistic that the Carrier will be willing to amend its proposal and an agreement can be finalized.
When further developments occur regarding this matter the membership involved will be informed accordingly.
You were previously advised that the BNSF approached this organization to inquiry whether or not we would be agreeable to negotiate a consolidated agreement which would be applicable to all IAM&AW machinist apprentices on the BNSF. We have discussed this matter in conference with the Carrier and are hopeful an agreement acceptable to all parties can be reached in the near future, We are uncertain at this time what the outcome of these negotiations will be; however, the Carrier has indicated a willingness to discuss modifying the entry rate provisions applicable to apprentices. As further developments occur regarding this matter, all interested parties will be kept informed.
The BNSF advised by letter dated January 14, 1999, its intent to close the Galesburg Work Equipment Shop and transfer the work and employees to Brainerd, Minnesota on or after April 15, 1999. As a result thereof this matter has been discussed in conference with the Carrier and an implementing agreement has been reached relative to implementation of this transaction. We are pleased to advise the Carrier has made a commitment that no machinists will be furloughed as a result of this transaction. Furthermore, the Carrier has agreed, in the implementing agreement, to enhance benefits relative to home protection and the costs of relocation.
The support and solidarity of the local committees and membership involved in this transaction was a critical factor in achieving the goals contained in the implementing agreement. We sincerely appreciate the support by the local Committees and membership involved.
Soo Line Railroad Company –
The ongoing discussions with the Soo Line Railroad Company to update the Summary Plan Description of the Soo Line Health and Welfare Benefit Plan for union employees has been concluded. All employees should have received a new Summary Plan Description of the health and welfare benefit plan as of this date. In the event any SOO Line member has not received the new updated Summary Plan Description they should contact their local chairman and/or their servicing general chairman.
The Summary Plan Description for the new Vision Care Program has also been completed and all machinist craft employees on the SOO Line Railroad should have a copy tbereof Once again, in the event anyone does not have a copy of this Summary they should contact their local chairman and/or their servicing general chairman.
The implementation of the High Performance Work Organization on the Soo Line is still proceeding. The review committee is scheduled to meet on March22, 1999, to review the current status of this process. In the event any machinist craft employee has any comments, questions or concerns relative to the HPWO they should contact their local chairman and their servicing general chairman.
The Mechanical Services Safety Advisory Board is scheduled to meet on March 29, 1999, to discuss the ongoing implementation of the FRA's Safety Assurance and Compliance Program. It is our understanding the recommendations issued by the FRA relative to this program have been implemented. In the event any members have any questions, concerns or comments relative to this process they should contact their local chairman and/or servicing general chairman.
Duluth Missabe & Iron Range Railway Company
Negotiations are continuing with the DM&IR to update the Schedule Rules Agreement. As we previously reported significant progress has taken place in these negotiations and we anticipate finalizing an updated Schedule Agreement in the near future. When an agreement has been finalized the Carrier will be obligated to provide all IAMAW members on the DM&IR with a copy (hereof for their future reference. We will continue to keep all parties concerned informed regarding the status of these negotiations.
We recently received information the DM&IR intended to have a mass vacation in its car shop affecting some machinist craft employees. We have had some discussions with the Carrier regarding this matter and are hopeful, based upon these preliminary discussions, a resolution thereof is possible which would be to the satisfaction of everyone concerned. Be assured it is our intent to continue to pursue this matter and try to reach a resolution thereof. We will keep all of those concerned regarding this matter informed as further progress takes place.
Duluth, Winnipeg & Pacific Railway Company -
We are continuing our efforts to resolve our Section 6 Notice relative to wages, rules, health and welfare benefits, etc. with the DWP. As of this date we still have not reached a tentative agreement with the DWP. We will continue to exert all of our efforts to resolve this outstanding Section 6 Notice and try to reach an agreement equitable to all concerned.
A. F. Carrillo
Union Pacific-Southern Pacific Western Lines -
The Carrier has sent us a proposed A&WE Mechanic Agreement with seniority boundaries; however, in reviewing the proposed agreement we have noted several errors in the agreement. Due to this the parties will meet during the month of March 1999 and you will be advised of the developments.
Agreements have been reached with CAE Vanguard at Sacramento, California (wheel work). Union Pacific machinists can work for CAE Vanguard or transfer to Roseville, California locomotive plant. The issue of subcontracting the wheel work to CAE Vanguard was resolved by acquiring a union contract for wages, rules, etc. with CAE Vanguard.
Formal Hearings -
We have had numerous formal hearings due to machinists allegedly sustaining injuries on duty (IOD) and allegedly not reporting it in a timely manner. Due to this, it is requested that any IOD be reported as soon as possible. Fill out the required accident report and make sure you keep a copy of the accident report. On the west coast the Union Pacific Railroad has advised its supervisors to place time limits on machinists' work. Should any machinist be disciplined for not complying with the Carrier's unilateral time limits, please advise your local chairman immediately. District 19 is handling this matter with the Carrier.
This UPRR has also unilaterally imposed an Absenteeism Policy which is unjust; is attempting to add to their unilateral tox-testing policy (random testing); and requiring safety shoes (amended rule). District 19 is in the process of handling these important issues with labor relations.
We have been served a notice by the UPRR to transfer the work and employees from Eugene, Oregon to Roseville California, Hinkle, Oregon, and Portland, Oregon. A conference will be held shortly to reach an implementing agreement.
As you will note, 1999 started off with many problems and District 19 will do its best to resolve them.
Amtrak -
A tentative wage agreement has been reached with this Carrier for wages, rules, etc.
Presently, the wage agreements have been sent out for ratification. As soon as we receive the ratification total we will advise our Amtrak membership if the proposed wage agreement has been approved or disapproved.
In some instances the Carrier has required a reenactment of the IOD. Be very careful as the Carrier by the reenactment is attempting to place the blame on the injured employee and will use the reenactment in a formal hearing against the employee.
Should there be a witness to the IOD acquire a copy of their report. Keep the local chairman informed of your IOD so in the event there is a formal hearing he can properly prepare your case!
J. A. Coker and R. L. Elmore
CSX Transportation Inc. -
As you know, the CSX-T Shopcraft Coalition has met with CSX-T on several occasions in the past few months to discuss the Carrier's new Discipline Policy. CSX-T put this new Discipline Policy into effect in January 1999.
The Senior Mechanical Department managers have assured us that they intend to administer the policy in a fair and equitable manner in keeping with their recently announced "New Social Compact". With that in mind, we are cautiously optimistic that the policy will be administered in the manner in which it was explained to us. While the Shopcraft Coalition has not signed a formal agreement on it we do recognize that the policy appears to be a better policy than they had before. Therefore, based on the foregoing we have endorsed the policy, with the right to withdraw our support and endorsement if it is felt that the policy is being administered unfairly or in a manner inconsistent with our discussions and understanding with CSX-T. In regards to the Conrail merger the IAM&AW has appealed the arbitration decision we received concerning the machinists in the Conrail Engineering Department going to Norfolk Southern and CSX-T. CSX is still trying to hire machinists at most of their locations on the system.
To our members who work on Amtrak the machinists have reached a tentative agreement with Amtrak and it has been put out to the members for ratification.
J. R. Cronk and M. A. Hill –
Amtrak-
Although our Section 6 negotiations have at long last culminated in an acceptable agreement we will begin the process anew in only nine short months. All Amtrak locals should start discussing with their respective membership what issues are of importance to them in this upcoming round of negotiations.
C-2 employee Protection-
Hearing dates before Arbitrator Richard Mittenthal have been scheduled for April 14-16, 1999, in Washington, D.C., a decision should follow thirty to sixty days thereafter, which will be retro-active to May31, 1998.
High Speed Rail -
Continuing pretty much on schedules. All are encouraged to take advantage of all training offered in anticipation of HSR whether or not they later choose to apply for a HSR position.
New Jersey Transit -
Concerning Section 6 (wage & rules) negotiations, the Carrier has not moved from their previous position; i.e., BRC settlement. Several groups in mediation, additional dates have been requested following which a decision on the direction of our negotiations will be made. As circumstances develop your local committee will advise.
NJT SBA 1050 is scheduled for Thursday, March 4, 1999.
No movement in Carrier position regarding Section 6 negotiations, still unwilling to raise pension benefit level.
Bangor & Aroostook Railroad –
Terms agreed to on implementing agreement for transfer of work and positions, date for move now June 1999, all members should have received a copy.
Bessemer & Lake Erie –
No movement in Carrier position regarding Section 6 negotiations, still unwilling to raise pension benefit level.
Conrail -
Actual date for control (or assumption) has been delayed, now said to be June 1999, safety and accident concerns weighing heavily. Award issued by Arbitrator Fredenberger regarding M of W work and members has been challenged by the Machinists with the Surface Transportation Board.
Delaware & Hudson Railway -
Nothing new to report at press time.
Long Island Railroad -
Next Section 6 meeting scheduled for March 18, 1999, will advise of outcome or movement, if any.
Metro-Nor1h Commuter Railroad
Initial meeting held; anticipate March meeting; however, not confirmed at press time, will advise of outcome.
Springfield Terminal Railroad -
Public Law Board scheduled for March 4, 999, with Arbitrator Robert O'Brien.
J. R. Duncan
Norfolk Southern -
The Norfolk Southern, CSX-T and Conrail merger transaction is still progressing. As you know, the best Agreement obtainable to protect the rights and benefits of our membership on these Carriers was signed on October 10, 1998.
However, as you had previously been advised, the Agreement did not resolve all the issues pertaining to the line of road work on roadway equipment to be performed on the former New York Central and the transfer of roadway equipment work from Canton to Charlotte and that arbitration may be necessary to resolve these issues
These issues were presented to a New York Dock arbitration paid on December 15-18 in Washington, D. C., and it was felt by all involved parties the hearings went well. However, on or about January 14, 1999, the alleged Neutral rendered his decision, which was not satisfactory to the IAM&AW and other crafts. Therefore, on February 12, 1999, the decision was appealed to the Surface Transportation Board by the lAM and the BMWE. It is not known at this time when the STB will rule on the appeal, however, you will be kept apprised of any progress and/or decision.
On January 7, 1999, eight cases which were a combination of NS and NW cases were presented to a PLB for adjudication. The decisions are expected next month.
Meridian & Bighee Railroad -
Our dispute concerning crystal clear language in the Agreement requiring the Carrier to participate in certain negotiations on its sale is still progressing through the courts with no known date of resolution.
Section 6 negotiations have started with this Carrier. Two meetings have been conducted and it appears that very difficult negotiations are ahead. In fact, after the two meetings the Carrier in an underhanded way declared an impasse and canceled further meetings. This required quick action during the Christmas holidays on the part of the IAMAW to handle with the National Mediation Board which was successfully done and a mediator has been assigned to this dispute. With the full support and cooperation of the membership on this Carrier we hope to bring the very difficult negotiations to a successful conclusion.
Amtrak -
On January 27, 1999, in Washington, D.C., the IAMAW Amtrak negotiating Committee finally reached what we firmly believe to be a fair and equitable agreement for the machinists on Amtrak even though it is not everything we had strived for. The proposed agreement has been distributed to our Amtrak membership and a ratification vote is currently underway.
On behalf of our negotiating Committee I would like to personally think all our members on Amtrak for your continued patience and support during these difficult negotiations.
D. E. Hall and T. L. Mitchell –
Union Pacific Railroad –
District 19 has received notices to transfer certain locomotive repair and service work from Eugene, Oregon to Portland, Oregon, Roseville, California and Hinkle, Oregon. This transfer is tentatively scheduled for May 17, 1999.
District 19 has scheduled meetings in Chicago, Illinois, to continue negotiations on the consolidated M of W agreement on the Union Pacific Railroad. These negotiations began after notice was served under the New York Dock Agreement on June 9, 1997, to consolidate controlling Agreement and seniority districts. We are cautiously optimistic that we can get an agreement. We are also going to discuss the Carrier's discipline policy, absenteeism, safety shoe policy, test period earnings, locomotive training and certification. As you can see, we have several items that must be addressed at this meeting.
Points of Interest on the UPRR
Union Pacific Railroad said it reached Agreement to boost its investment in a Mexican railroad know as Ferromex to 26% of that Carrier's stock. The latest Agreement calls for the UP to purchase a 13% interest in the Mexican railroad from Constructora ICA construction company. The UP and ICA each acquired a 13% stake in Ferromex when it was created two years ago as the second privatized portion of Mexico's nationally owned rail system. The UPRR did not announce the terms of the deal, but the Carrier is understood to have paid a premium over the purchase price of approximately 375 million for its first stake.
A UP spokesman said the U.S. Carrier had no interest in seeking a greater financial interest in Ferromex or having a greater voice in its operation. UPRR officials refused to say whether their investment in Ferromex generated any equity income from their current holding. Thank you for your continued support in these trying times.
C. D. Johnson
Burlington Northern/Santa Fe Railway -
Meetings were held in December 1998 with Carl Ice and the Mechanical Department to discuss numerous issues such as the clocking in and out problem associated with the installation of time clocks at many locations and the related correspondence issued by Mr. Ice relative thereto as well as the problem with the Apprenticeship Agreements and other issues. As a result of these meetings we were successful in reaching an understanding with the Carrier to institute up to eight (8) minutes clean-up time and a five (5) minute end of shift allowance policy for clocking in and out.
In addition, we also had some very fruitful discussions with the Carrier in regard to Apprenticeship Agreements and are currently awaiting a draft of the proposed changes discussed. Rest assured you will be kept advised of any developments.
Also, in early January attended System Sac P Committee meetings in Fort Worth with BNSF RR and ERA representatives, wherein the labor members were successful in receiving a new policy letter of instructions for the reporting of injury. Copies of the aforementioned letter were sent out to all locals in January 1999.
Colorado & Wyoming Railroad -
On January 14' the first meeting in regard to our Section 6 notice was held with representatives of the Carrier. We are currently scheduling additional meetings.
Montana Rail Link -
Regrettably, we must report the Carrier has furloughed seven (7) machinists due to a reduction of forces.
R. J. McMullen
Conrail –
As reported in the previous issue of the District 19 newsletter President Directing General Chairman R. Reynolds along with District 19 general chairmen servicing machinists employed by either CSX-T, Conrail or Norfolk Southern have reached Implementing Agreements with CSX-T, NS and CRC (Tri-Party). However, the issues relative to Machinists and BMWE and other shop craft employees performing the repair and maintenance of MofW equipment could not be resolved with the Carriers. Consequently, these issues were part of the New York Dock dispute that the BMWE progressed to New York Dock arbitration in order to obtain an Implementing Agreement between the BMWE, CSX-T and NS. As a result, Neutral Referee W. Fredenberger issued a NYD award concerning these issues which ruled in the Carrier's favor. Consequently, this award is being challenged by the lAM with the Surface Transportation Board and in this regard the IAM has obtained the law firm of Guerrieri, Edmond and Clayman to pursue this Issue.
In related matters, CSX-T and NS have advised that the split date has been pushed back from March 1, 1999, to June 1, 1999. NS has advised they are in the process of reformatting the IAM/Norfolk and Western Railway Company (NW) Agreement dated Sept ember 1, 1949, with updates from the National Agreements and changes agreed to in the Implementing Agreement. This Agreement will govern on Conrail territory acquired by Norfolk Southern. District 19 general chairmen servicing machinists employed by either CSX-T or NS are in the process of reviewing point seniority rosters for the territory acquired from Conrail.
On Monday, December 21, 1998, workers and officials at the Conrail's Juniata locomotive repair shops (Altoona, PA) gathered to dedicate the first Norfolk Southern locomotive to roll off the plant's assembly line. Workers at the shops assembled the 200 ton locomotive from kits provided by General Electric. Fifty-seven more Dash 9A0 CW locomotives decked out in Norfolk Southern's sleek black and white livery, with the railroad's signature stallion on the front are scheduled to be built over the first six months of 1999. Furthermore, at the same time that this ceremony was taking place the workers at the shop were in the process of building the last locomotives of an order for another railroad that were EMD locomotives. This is the first in the history of railroading that a shop has ever at the same time built under the same roof different types of locomotives manufactured by two completely different Companies, GE and EMD.
Other contracts finalized at the Conrail Juniata locomotive shops in 1998: Component re-manufacturing for various short line and regional railroads - rebuilt for Egypt; 50 each case and pans, 4 each I 2445E oil engines' 24 each traction motors, and 4 each turbo chargers, built for Argentina, wide gauge wheel sets and idlers.
Contracts finalized at the Conrail Hollidaysburg Car Shop (Hollidaysburg, PA) in 1998: Replaced fasteners in 1900 open top hoppers for Johnstown America Company - Assembled 75 centersills for Johnstown America Company Light repairs on 89 flat cars for PJTX & BPPX.
R. C. Moore
Toledo, Peoria & Western RaiIway -Negotiations resumed on February 5, 1999, with the
Carrier for an agreement on this recently organized property. After getting off to a slow start, it appears the Carrier is willing to work towards addressing issues of wages, rules, health and welfare, etc. The next meeting is scheduled for March 5, 1999.
Gateway Western Railway -
A final proposal has been submitted by the Carrier and is being submitted to District 19 and Grand Lodge for their approval and presentation to the membership for ratification.
Northeast Illinois Regional Commuter Railroad (METRA) -
A ratification ballot was conducted in relation to the Carrier's latest proposal to settle the Northeast Illinois Regional Commuter Railroad Section 6 Notice. The balloting resulted in the membership not ratifying the proposal as presented. Our next negotiating session is scheduled for April 6, 1999.
Union Pacific Railroad (Chicago & North Western)
The furlough of scale and work equipment inspectors continues in spite of the seasonal track work beginning in the near future. All efforts are being made to provide those affected with alternative employment.
Negotiations are scheduled to resume on the Union Pacific Railroad Section 4 NYD notice in relation to consolidating all agreements affecting work equipment mechanics on the UP component lines. The date of March 10, 1999, has been set for these very important negotiations.
District 19 is currently in the process of addressing Carrier implemented policies, such as the Safety Shoe Policy and Absenteeism Policy. We will continue to keep the members informed of the developments on these two very controversial issues.
The Carrier is currently hiring journeyman machinists and apprentices at the Proviso Diesel Shop in the Chicago area. Anyone unemployed and interested in working in the Chicago area should contact the Chicago officer for further information.
Grand Trunk Western Railroad -
On February 17, 1999, negotiations continued in relation to the outstanding Section 6 notice on this property. The Carrier presented an offer for consideration by the members of the coalition involved in these negotiations. We are currently awaiting a formal written proposal before forwarding to District 19 and Grand Lodge for approval for ratification.
In anticipation of the Surface Transportation Board's approval of the transaction between the Canadian National Railway and the Illinois Central Railroad, preliminary discussions have begun with these two Carriers to address the anticipated transfer of work from the Grand Trunk's Battle Creek, Michigan locomotive facility to the IC's Woodcrest shop in the Chicago area. These discussions are scheduled to resume on March 1, 1999 at Illinois Central headquarters.
F. D. Nalley
Union Pacific Railroad -
Negotiations on the consolidated roadway mechanics' agreement are continuing The Carrier continues to hold a significant number of disciplinary investigations.
VMV Enterprises, Inc. -
VMV is in the process of hiring several machinist apprentices.
Louisiana and Northwest Railroad -
States Rail Corporation of Dallas, Texas, has decided to finalize the purchase of the L&NW. This puts us back to trying to get the current owners to bargain in good faith for a settlement of the Section 6 negotiations.
Illinois Central Railroad -
The Carrier and the lAM have begun preliminary discussions concerning the transfers of work which will occur after the Surface Transportation Board approves the Canadian National application to purchase the ICRR.
Alstom USA -
The Company continues to hire new employees as the work increases at Hornell, New York.
Also, the Company continues to violate the National Labor Relations Act by harassing the local union officials. An additional unfair labor practices (ULP) charge was filed in February 1999.
L. W. Wickersham
Burlington Northern/Santa Fe -
Negotiations are ongoing to provide an improved consolidation agreement of the BN traveling mechanics and the ATSF work equipment maintainers under one controlling agreement.
During recent discussion regarding the Carrier's attendance policy with Chief Mechanical Officer Carl Ice and temporary Chief Mechanical Officer Richard Dennison, it was concluded that acceptable excused absences were not to be used to place an individual into the counseling and/or discipline portion of the attendance policy. Individuals who feel they have been unjustly dealt with in this matter are requested to provide the facts to their servicing general chairman.
Kansas City Southern Railway Company -
The Carrier recently served notice of its intention to move three machinists and their work from the Gateway Western Railway Company service facilities at East St. Louis, Missouri to the Kansas City Southern Railway Company service facilities at Pittsburg, Kansas, on or about May 1, 1999. A conference to discuss this matter was held on February 24, 1999. All affected parties will be kept appraised.
MidSouth Rail -
Contract negotiations are continuing with the Carrier on our October 13, 1995, wage and rules Section 6 notice. Every effort is being made to reach an agreement as soon as possible in a manner which will be both beneficial and acceptable to our members.
J. Weldon Granger
The carrier's actions after an employee is injured often times tells the intentions of the carrier. When the FELA was enacted in 1908, Congress in its infinite wisdom established a law that was in great demand at the time because of the abuses which were prevalent. That same law, almost a century later, continues to be the only true protection the railroad worker has available to them at a time when the consolidation of the railroad industry continues at a rapid pace. Unfortunately, the railroads have tried to undermine the effectiveness of the law by the way they handle workers who receive injuries on the job.
When an employee gets hurt on the job and reports the injury, the carriers have been routinely calling for investigations and charging the employee with various safety violations, despite the fact that the carrier may be held responsible under the FELA. The carrier then may discipline or dismiss the employee from service pursuant to the Railway Labor Act. What is the Carrier really trying to accomplish and are they being successful at it?
In recent depositions, a high ranking company official of a Class I railroad admitted that 100% of on-the-job injuries were investigated in accordance with provisions of the Railway Labor Act. Since the carrier is the judge, jury and executioner it is not hard to see why these investigations do nothing more than attempt to harass and intimidate the employee from filling out accident reports. From a legal standpoint it may mean more. If the injured employee is discharged for violating one of the various non-specific safety rules it may have a direct bearing on the employee's claim for future damages in an FELA action.
In 1987 the Supreme Court addressed this issue in Atchison, Topeka and Santa Fe Ry. Vbuell, 480 U.S. 557, 566-567 (1987). The court found that the Railway Labor Act should have no bearing on the rights of the injured worker's FELA claim and that the two Acts have different purposes. However, this has not diminished the carriers' position or their attempts to introduce the firing at trial. If they can get away with it in trial the jury may find a diminished recovery or even side with the carrier.
The real injustice of these investigations is the negative effect is has on the railroad worker who has received an injury on the job but is too intimidated to fill out an accident report in accordance with the company rules. It is our recommendation at Jones & Granger that the accident report be completed promptly and submitted to your supervisor. If you have any questions about how to complete one correctly, make sure that you contact your union representative or our office. It is much safer to fill one out immediately after the incident rather than wait several days to do so. By waiting to complete one, you subject yourself to almost certain discipline or dismissal.
On a separate issue, once an employee has been injured and a supervisor accompanies the injured employee to the hospital or doctor's office, can the supervisor sit in on the physical exam and treatment?
It is not appropriate for the supervisor to accompany the employee into the examining room unless requested by the injured employee. The injured employee has the right to privacy and should insist on that privacy.
At Jones and Granger we stand ready to serve the needs of your union. Give us a call without obligation at I/800-23l-3359 if we can help you. As always, it is a pleasure to be of assistance to your organization and we look forward to our future together.
Respectfully yours,
J. Weldon Granger
Designated Counsel, District 19