SMART - TD Local 306

Serving Sioux City, Mason City & Eagle Grove on UPRR Former C&NW Lines


OSHA explains process of whistleblower resolution - 8/21/2015

OSHA explains process of whistleblower resolution

WASHINGTON - The Occupational Safety and Health Administration today issued policies and procedures* for applying a new process for resolving whistleblower disputes. The new process is an early resolution process that is to be used as part of a regional Alternative Dispute Resolution (ADR) program. The ADR program offers whistleblower parties the opportunity to negotiate a settlement with the assistance of a neutral, confidential OSHA representative who has subject-matter expertise in whistleblower investigations. The Administrative Dispute Resolution Act* requires that each federal agency “adopt a policy that addresses the use of alternative means of dispute resolution and case management.”

“OSHA receives several thousand whistleblower complaints for investigation each year,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Alternative Dispute Resolution process can be a valuable alternative to the expensive and time consuming process of an investigation and litigation. It will provide whistleblower complainants and respondents the option of exploring voluntary resolution of their disputes outside of the traditional investigative process.”

OSHA piloted an ADR program in two of its regions from October 2012 to September 2013. The pilot proved that the early resolution ADR process is a successful method for helping parties to reach a mutual and voluntary outcome to their whistleblower cases. The pilot program demonstrated that having staff dedicated to facilitating settlement negotiations provides an efficient and effective service that is highly desired by complainants and respondents alike.

The success of the early resolution ADR process has resulted in the agency making it available to all of its regions. This directive does not prohibit OSHA whistleblower offices from offering complainants and respondents other alternative dispute resolution processes, such as third-party mediation.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws. For more information, please visit www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

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Legislative, Alt. Legislative Rep. elections planned - 8/17/2015

Legislative, Alt. Legislative Rep. elections planned

Members and SMART Transportation Division (TD) Local officers are reminded elections for the positions of Legislative Representative and Alternate Legislative Representative are being conducted this autumn by all TD Locals, with nominations to be taken at the October 2015 meetings.

Generally, those eligible for these four-year positions include all members in good standing (including those in E-49 status) who are registered voters in the state in which they reside and whose dues have been paid in a timely manner (in the month preceding the month in which they are due).

All members, as well as Local Secretaries, are advised to take steps to ensure membership addresses are up to date, as federal law requires all members to receive notification via U.S. mail of the elections at least 15 days in advance of the tabulation date. For those Locals conducting these elections by mail, the ballot will serve as the required notice. Addresses can be updated via the home page of the Transportation Division’s website at http://utu.org/. The SMART Constitution requires all members to keep their addresses up to date with the union.

Copies of Special Circular No. 31, as well as the pamphlet, “How to Hold Elections for Legislative Representative and Alternate Legislative Representatives,” both of which offer guidance for these elections, have been distributed to all Local Presidents and Secretaries. Copies can be obtained from the Transportation Division’s website at http://utu.org/secretary-treasurer-forms/, where a Department of Labor guide on conducting elections is also available, or from the Transportation Division’s main office in Cleveland, Ohio.

Nominations meetings should be held by each Transportation Division Local in October 2015, and elections should follow a month later. Depending on action taken by the membership at the nomination meeting, or provisions of the Local’s bylaws, elections can be conducted by mail or as floor elections (i.e., walk-in elections at a meeting).

Nominations may be made from the floor at the nomination meeting. Nominations do not require a second. You may self-nominate. Those who cannot attend the nomination meeting can submit a nomination via petition. At least five members eligible to vote shall sign nomination petitions, which should be delivered to the Local Secretary prior to the nomination meeting or presented at the meeting. Local Secretaries should ensure all members know how to contact them for purposes related to these elections. 

For more information, contact the Transportation Division’s office in Cleveland, Ohio, by calling (216) 228-9400, by sending e-mail to president_td@smart-union.org, or by writing to SMART Transportation Division, 24950 Country Club Blvd., Ste. 340, North Olmsted, OH 44070-5333.

View ”Special Circular No. 31 – August 2015″ here.

View “How to Hold Elections for Legislative Representatives and Alternate Legislative Representatives” here.

View Department of Labor publication on conducting local elections here.

View “Order of Supplies form” here

Additional resources for conducting elections can be found here.

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NTSB Study: ECP brakes out-perform other systems - 7/27/2015

NTSB Study: ECP brakes out-perform other systems

Washington, D.C. – As part of its ongoing investigation of the derailment of a crude oil unit train in Casselton, North Dakota, the National Transportation Safety Board produced a Train Braking Simulation Study, which it placed into the investigation docket. The study was prompted by recent North American crude oil and ethanol train derailments that resulted in the release of large volumes of flammable liquids that endangered persons, property and the environment.

The study shows that Electronically Controlled Pneumatic (ECP) brake systems out-performed distributed power configurations, which in turn out-performed conventional brake systems. The study provides detailed description and analysis of each rail braking system and the stopping distances they achieved under various circumstances.

“Over the last decade, the NTSB has investigated a number of catastrophic flammable liquid unit train derailments. Our recommendations have called for improved technologies that can reduce or minimize the risk of derailments. Improved braking capabilities are but one part of the equation in making rail transportation safer,” said NTSB Chairman Christopher A. Hart.

The NTSB considered emergency and full service brake applications on uniform grade, tangent track with clean, dry rails. The study also evaluated the effect of different net braking ratios, which measure the amount of force applied by the brake shoes against the wheels. While ECP brake systems performed best, increasing the net braking ratio for any brake system substantially improved its stopping performance.

The NTSB’s investigation of the Casselton, ND accident is ongoing. Analysis of the accident, along with a determination of probable cause, will come later when the investigation is completed.

To read the study, click on the following link: http://go.usa.gov/3Gz6P.

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Furloughed members may be entitled to benefits - 7/24/2015

Furloughed members may be entitled to benefits

In light of the recent furloughs by Union Pacific and BNSF railroads, below is a Q&A offered by the Railroad Retirement Board (RRB) addressing common questions about unemployment benefits.

To be eligible for unemployment benefits from the RRB, furloughed members must have had railroad earnings of at least $3,600 in 2014 and must also have five months of service in 2014 with a railroad. If you do not meet these requirements, you may be entitled to unemployment benefits from your state of residence.

Click here to learn more about the benefits the RRB offers in which you may be entitled to. Click here for claim forms from the RRB.

Unemployment and sickness benefits for railroad employees

(Published July 2015 by the Railroad Retirement Board)

The Railroad Retirement Board (RRB) administers the Railroad Unemployment Insurance Act, which provides two kinds of benefits for qualified railroaders: unemployment benefits for those who become unemployed but are ready, willing and able to work; and sickness benefits for those who are unable to work because of sickness or injury. Sickness benefits are also payable to female rail workers for periods of time when they are unable to work because of pregnancy and childbirth. A new benefit year begins each July 1.

The following questions and answers describe these benefits, their eligibility requirements, and how to claim them.

1. What are the eligibility requirements for railroad unemployment and sickness benefits in July 2015?
To qualify for normal railroad unemployment or sickness benefits, an employee must have had railroad earnings of at least $3,600 in calendar year 2014, counting no more than $1,440 for any month. Those who were first employed in the rail industry in 2014 must also have at least five months of creditable railroad service in 2014.

Under certain conditions, employees who do not qualify on the basis of their 2014 earnings may still be able to receive benefits in the new benefit year. Employees with at least 10 years of service (120 or more cumulative months of service) who received normal benefits in the benefit year ending June 30, 2015, may be eligible for extended benefits, and employees with at least 10 years of service (120 or more cumulative months of service) might qualify for accelerated benefits if they have rail earnings of at least $3,637.50 in 2015, not counting earnings of more than $1,455 a month.

In order to qualify for extended unemployment benefits, a claimant must not have voluntarily quit work without good cause and not have voluntarily retired. To qualify for extended sickness benefits, a claimant must not have voluntarily retired and must be under age 65.

To be eligible for accelerated benefits, a claimant must have 14 or more consecutive days of unemployment or sickness; not have voluntarily retired or, if claiming unemployment benefits, quit work without good cause; and be under age 65 when claiming sickness benefits.

2. What is the daily benefit rate payable in the new benefit year beginning July 1, 2015?
Almost all employees will qualify for the new maximum daily benefit rate of $72. Benefits are generally payable for the number of days of unemployment or sickness over four in 14-day claim periods, which yields $720 for each two full weeks of unemployment or sickness. Sickness benefits payable for the first 6 months after the month the employee last worked are subject to tier I railroad retirement payroll taxes, unless benefits are being paid for an on-the-job injury. (Claimants should be aware that as a result of a sequestration order under the Budget Control Act of 2011, the RRB will reduce unemployment and sickness benefits by 7.3 percent through September 30, 2015. As a result, the total maximum amount payable in a 2-week period covering 10 days of unemployment or sickness will be $667.44. The maximum amount payable for sickness benefits subject to tier I payroll taxes of 7.65 percent will be $616.38 over two weeks. Future reductions, should they occur, will be calculated based on applicable law.)

3. How long are these benefits payable?
Normal unemployment or sickness benefits are each payable for up to 130 days (26 weeks) in a benefit year. The total amount of each kind of benefit which may be paid in the new benefit year cannot exceed the employee’s railroad earnings in calendar year 2014, counting earnings up to $1,860 per month.

If normal benefits are exhausted, extended benefits are payable for up to 65 days (during 7 consecutive 14-day claim periods) to employees with at least 10 years of service (120 or more cumulative service months).

4. What is the waiting-period requirement for unemployment and sickness benefits?
Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods. Initial sickness claims must also begin with four consecutive days of sickness. However, during the first 14-day claim period in a benefit year, benefits are only payable for each day of unemployment or sickness in excess of seven which, in effect, provides a one-week waiting period. (If an employee has at least five days of unemployment or five days of sickness in a 14-day period, he or she should still file for benefits.) Separate waiting periods are required for unemployment and sickness benefits. However, only one seven-day waiting period is generally required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year.

5. Are there special waiting-period requirements if unemployment is due to a strike?
If a worker is unemployed because of a strike conducted in accordance with the Railway Labor Act, benefits are not payable for days of unemployment during the first 14 days of the strike, but benefits are payable during subsequent 14-day periods.

If a strike is in violation of the Railway Labor Act, unemployment benefits are not payable to employees participating in the strike. However, employees not among those participating in such an illegal strike, but who are unemployed on account of the strike, may receive benefits after the first two weeks of the strike.

While a benefit year waiting period cannot count toward a strike waiting period, the 14-day strike waiting period may count as the benefit year waiting period if a worker subsequently becomes unemployed for reasons other than a strike later in the benefit year.

6. Can employees in train and engine service receive unemployment benefits for days when they are standing by or laying over between scheduled runs?
No, not if they are standing by or laying over between regularly assigned trips or they missed a turn in pool service.

7. Can extra-board employees receive unemployment benefits between jobs? 
Yes, but only if the miles and/or hours they actually worked were less than the equivalent of normal full-time work in their class of service during the 14-day claim period. Entitlement to benefits would also depend on the employee’s earnings.

8. How would an employee’s earnings in a claim period affect his or her eligibility for unemployment benefits? 
If a claimant’s earnings for days worked, and/or days of vacation, paid leave, or other leave in a 14-day registration period are more than a certain indexed amount, no benefits are payable for any days of unemployment in that period. That registration period, however, can be used to satisfy the waiting period.

Earnings include pay from railroad and nonrailroad work, as well as part-time work and self-employment. Earnings also include pay that an employee would have earned except for failure to mark up or report for duty on time, or because he or she missed a turn in pool service or was otherwise not ready or willing to work. For the benefit year that begins July 2015, the amount is $1,440, which corresponds to the base year monthly compensation amount used in determining eligibility for benefits in each year. Also, even if an earnings test applies on the first claim in a benefit year, this will not prevent the first claim from satisfying the waiting period in a benefit year.

9. How does a person apply for and claim unemployment benefits?
Claimants can file their applications for unemployment benefits, as well as their subsequent biweekly claims, by mail or online.

To apply by mail, claimants must obtain an application from their labor organization, employer, local RRB office or the agency’s website at www.rrb.gov. The completed application should be mailed to the local RRB office as soon as possible and, in any case, must be filed within 30 days of the date on which the claimant became unemployed or the first day for which he or she wishes to claim benefits. Benefits may be lost if the application is filed late.

To file their applications — or their biweekly claims — online, claimants must first establish an RRB online account at www.rrb.gov. Instructions on how to do so are available through the RRB’s website. Employees are encouraged to establish online accounts while still employed so the account is ready if they ever need to apply for these benefits or use other select RRB Internet services. Employees who have already established online accounts do not need to do so again.

The local RRB field office reviews the completed application, whether it was submitted by mail or online, and notifies the claimant’s current railroad employer, and base-year employer, if different. The employer has the opportunity to provide information about the benefit application.

After the RRB office processes the application, biweekly claim forms are mailed to the claimant, and are also available on the RRB’s website, as long as he or she remains unemployed and eligible for benefits. Claim forms should be signed and sent on or after the last day of the claim. This can be done by mail or electronically. The completed claim must be received by an RRB office within 15 days of the end of the claim or the date the claim form was mailed to the claimant or made available online, whichever is later. Claimants must not file both a paper claim and an online claim form for the same period(s).

Only one application needs to be filed during a benefit year, even if a claimant becomes unemployed more than once. However, a claimant must, in such a case, request a claim form from an RRB office within 30 days of the first day for which he or she wants to resume claiming benefits. These claims may then be filed by mail or online.

10. How does a person apply for and claim sickness benefits?
An application for sickness benefits can be obtained from railroad labor organizations, railroad employers, any RRB office or the agency’s website. An application and a doctor’s statement of sickness are required at the beginning of each period of continuing sickness for which benefits are claimed. Claimants should make a special effort to have the doctor’s statement of sickness completed promptly since no claims can be paid without it.

The RRB suggests that employees keep an application on hand for use in claiming sickness benefits, and that family members know where the form is kept and how to use it. If an employee becomes unable to work because of sickness or injury, the employee should complete the application and then have his or her doctor complete the statement of sickness. Employees should note that they must indicate on the application whether they are applying for sickness benefits because they were injured at work or have a work-related illness. They must also indicate whether they have filed or expect to file a lawsuit or claim against a third party for personal injury. If a claimant receives sickness benefits for an injury or illness for which he or she is paid damages, it is important to be aware that the RRB is entitled to reimbursement of either the amount of the benefits paid for the injury or illness, or the net amount of the settlement, after deducting the claimant’s gross medical, hospital, and legal expenses, whichever is less.

If the employee is too sick to complete the application, someone else may do so. In such cases, a family member should also complete Form SI-10, “Statement of Authority to Act for Employee,” which accompanies the statement of sickness.

After completion, the forms should be mailed to the RRB’s headquarters in Chicago by the seventh day of the illness or injury for which benefits are claimed. However, applications received after 10 days but within 30 days of the first day for which an employee wishes to claim benefits are generally considered timely filed if there is a good reason for the delay. After the RRB receives the application and statement of sickness and determines eligibility, biweekly claim forms are mailed to the claimant for completion and return to an RRB field office for processing. The RRB also makes claim forms available for completion online by those employees who establish an online account. The claim forms must be received at the RRB within 30 days of the last day of the claim period, or within 30 days of the date the claim form was mailed to the claimant or made available online, whichever is later. Benefits may be lost if an application or claim is filed late.

Claimants are reminded that while claim forms for sickness benefits can be submitted online, applications and statements of sickness must be returned to the RRB by mail.

11. Is a claimant’s employer notified each time a biweekly claim for unemployment or sickness benefits is filed?
The Railroad Unemployment Insurance Act requires the RRB to notify the claimant’s base-year employer each time a claim for benefits is filed. That employer has the right to submit information relevant to the claim before the RRB makes an initial determination on the claim. In addition, if a claimant’s base-year employer is not his or her current employer, the claimant’s current employer is also notified. The RRB must also notify the claimant’s base-year employer each time benefits are paid to a claimant. The base-year employer may protest the decision to pay benefits. Such a protest does not prevent the timely payment of benefits. However, a claimant may be required to repay benefits if the employer’s protest is ultimately successful. The employer also has the right to appeal an unfavorable decision to the RRB’s Bureau of Hearings and Appeals.

The RRB also conducts checks with other Federal agencies and all 50 States, as well as the District of Columbia and Puerto Rico, to detect fraudulent benefit claims, and it checks with physicians to verify the accuracy of medical statements supporting sickness benefit claims. 

12. How long does it take to receive payment?
Under the RRB’s Customer Service Plan, if a claimant filed an application for unemployment or sickness benefits, the RRB will release a claim form or a denial letter within 10 days of receiving his or her application. If a claim for subsequent biweekly unemployment or sickness benefits is filed, the RRB will certify a payment or release a denial letter within 10 days of the date the RRB receives the claim form. If the claimant is entitled to benefits, benefits will generally be paid within one week of that decision.

However, some claims for benefits may take longer to handle than others if they are more complex, or if an RRB office has to get information from other people or organizations. If this happens, claimants may expect an explanation and an estimate of the time required to make a decision.

Claimants who think an RRB office made the wrong decision about their benefits have the right to ask for review and to appeal. They will be notified of these rights each time an unfavorable decision is made on their claims.

13. How are payments made?
Railroad unemployment and sickness insurance benefits are paid by the U.S. Treasury’s Direct Deposit program. With Direct Deposit, benefit payments are made electronically to an employee’s bank, savings and loan, credit union or other financial institution. New applicants for unemployment and sickness benefits will be asked to provide information needed for Direct Deposit enrollment.

14. How can claimants get more information on railroad unemployment or sickness benefits?
Claimants with questions about unemployment or sickness benefits, or who are seeking information about their claims and benefit payments, can contact an RRB office by calling toll-free at 1-877-772-5772. Claimants can also access an online service, “View RUIA Account Statement” on the “Benefit Online Services” page at www.rrb.gov, which provides a summary of the unemployment and sickness benefits paid to them. To use this service, claimants must first establish an online account.

Persons can find the address of the RRB office serving their area by calling 1-877-772-5772, or by visiting www.rrb.gov. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

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TTD: Commerce Committee bill should be scrapped - 7/10/2015

TTD: Commerce Committee bill should be scrapped

Washington, DC — Edward Wytkind, president of the Transportation Trades Department, AFL-CIO (TTD), issued this statement on the Comprehensive Transportation and Consumer Protection Act of 2015, introduced by Sen. John Thune (R – S.D.):

“At a time when our country’s transportation infrastructure is failing and disenfranchised Americans are desperate for work, bipartisan support is crucial to fund our nation’s highway and transit systems, and boost job creation.

“Instead of following a bipartisan model — as Senators James Inhofe (R-OK) and Barbara Boxer (D-CA) of the EPW Committee demonstrated last month — Commerce Committee Republicans are unwisely using their section of the surface transportation reauthorization bill to advance a partisan agenda that harms workers.

“The Thune bill includes a poorly veiled measure designed to blame workers and their unions for all port delays during a bargaining dispute. It also prematurely allows the use of hair specimens for drug testing of bus and truck drivers. These provisions have no place in any portion of the surface transportation reauthorization bill.

“Sen. Thune’s bill also fails to require rail carriers to provide emergency responders with information about the amount and type of hazardous materials moving through their localities — a commonsense measure that is critical to the efforts of first responders to save lives.

“The highway/transit reauthorization bill is one of the most important initiatives Congress will consider this year. Senate Commerce Committee Republicans must stop playing partisan politics with this already long-delayed transportation investment bill, and reject proposals that undermine the rights of employees and fail to support our transportation system.”

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SMART UTU Local 306

 

No job is so important, no service is so urgent that we cannot take the time to perform our work safely!


Your Local Officers are here to protect you - help us all by calling when you need assistance!  Don't settle for the carrier's attitutude toward you - be involved!

 

YOUR Union Meetings are:

Eagle Grove - 2nd Wednesday of each Month; Godfather's Pizza at 8:00 pm

Mason City - 3rd Wednesday in January, April, July, October; Pizza Ranch at 7:30 pm

Sioux City - 2nd Tuesday in March, June, September, December; Ramada Inn at 11:00