2008 Bulletin Board Archives

Central 5 Engineer Vacations

It's that time of year to request your 2009 vacation.

Vacation bids are due by Dec. 7th.

Brother Thomas Vacation Reminders:

* Please bid for all your weeks allowed and in order of preference. Whatever is most important to you. You  should bid for that first. You will either receive it or be assigned a week as close to it as possible.

* Omaha vacations will be bid as always. The month prior to the month you want to go on vacation i.e. May 1st for a week in June.

* Please bid for all single weeks you would like now.

* Both CNW  and Omaha vacations are allowed up to 3 weeks to be used as single vacation days.

* CMS gives ZERO latitude to move anyone, so please bid wisely.

* Anyone not bidding on vacation will be arbitrarily assigned their weeks.

* You can bid through the CMTS Portal or submit your bid in writing addressed to Mike Thomas and place it in the BLET 333 mailbox.

IMPORTANT INFORMATION ABOUT train check

This was emailed to me by Brother Johnstone to share with everyone. It concerns the train check feature on DPU trains. This is a BNSF Safety Briefing letter. BNSF Safety Briefing

Changes coming to BLET Short Term Disability plan

CLEVELAND, November 18 — The BLET is pleased to announce a number of changes to the BLET Short-Term Disability Insurance Plan effective January 1, 2009.       These changes will impact you if you are an eligible employee working on a railroad that participated in the Wage Rules portion of the National Agreement dated December 16, 2003.

Two parts to the Plan are being offered as outlined below:

Part A – Non-Occupational Disabilities

Effective January 1, 2009, the current plan covering both occupational and non-occupational disabilities will be modified:

• Part A will pay $402 per week for non-occupational disabilities only. This is an increase from $362 per week.
• Occupational disabilities will not be covered.
• Each eligible member will also be insured for $50,000 of Accidental Death and Dismemberment (AD&D) coverage.

NOTE:
• This plan change will not impact members with current claims. Those members who have a date of disability prior to January 1, 2009 will continue to qualify for the $362 per week benefit for occupational or non-occupational as determined by the Plan.
• Claims for occupational disabilities prior to January 1, 2009 will continue to be administered as they are today, making them subject to repayment upon receipt of a FELA settlement (repayment after a personal injury settlement).

Part B – Occupational Disabilities

Effective January 1, 2009:
• Part B will be voluntary.
• The cost will be $23 per month and will be payroll deducted with your monthly union dues.
• The weekly benefit for occupational disabilities will be $402 per week.
• Each eligible member will also be insured for $50,000 of AD&D coverage.
• The benefit will not be subject to repayment upon receipt of a FELA settlement (no repayment after a personal injury settlement).
• The benefit will not be considered taxable income.

NOTE:
• Eligibility for Part B will be driven by your eligibility for Part A. You will have two options if you become ineligible for Part A: Pay $40 directly to the BLET Trust Fund by the 10th of the month for Part A and continue your payroll deduction of $23 for Part B or drop out of Part B. If you choose to drop out of Part B, you may discontinue the $23 payroll deduction. However, you may not resume coverage for Part B until a subsequent annual enrollment period.
• Participation in this additional occupational coverage is not required. If you wish NOT to participate, you must notify us in writing by completing and returning the attached form prior to December 1, 2008. Your completed form should be sent to the Secretary-Treasurer of your Local Division. If you are a BLET member and do nothing, you will be automatically enrolled in Part B effective January 1, 2009.
• Members opting out of Part B coverage effective January 1, 2009, will not be eligible to enroll for the coverage until the next annual enrollment period.
• UTU members may purchase Part B coverage by making an annual payment of $276 to the BLET Trust Fund.

If you have any questions, please contact the undersigned.

Fraternally yours,

Jim Bradford
BLET Short-term Disability Administrator
(216) 241-2630, ext. 205 or email Bradford@ble-t.org

OPT OUT FORM
PART B – BLET SHORT TERM DISABILITY INSURANCE PLAN
 

Flexible Benefit Plan enrollment materials now available

 
CLEVELAND, October 21 — BLET members should be receiving their Railroad Employees Flexible Benefit Plan enrollment package from United Healthcare, which were mailed last week.

The BLET National Division strongly encourages all eligible members to participate in this money-saving plan.

The package includes an enrollment form, a claim form, and a plan description. These forms are also available for download from the BLET website at:
http://www.ble-t.org/fsa

Members who do not have their forms yet may download them from the website above, or they can contact United Healthcare at (877) 311-7849.

In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses.

Members must enroll in the plan by November 12, 2008. Additionally, a minimum number of BLET members must enroll in the program or it will be terminated.

Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to enroll in the program using the materials mailed by United Healthcare last week.

If you have any questions, please contact United Healthcare at (877) 311-7849.

(As an aside, the United Healthcare mailings contain a form explaining online enrollment. However, this option is only available to those members who are already enrolled in the Flexible Benefits Plan. First time users cannot enroll online, and all who wish to enroll, whether it be a new enrollment in writing or reenrollment online, must enroll by November 12, 2008.)

2009 Enrollment Materials

 Overview of Railroad Employees National Flexible Benefits Program for 2009

List of eligible carriers and Railroad Code (codes to complete your enrollment forms)

2009 Enrollment Form, Railroad Employees Flexible Benefits Program

2009 Claim Form

 September 16, 2008
Flexible Spending Account will provide real savings

July 24, 2008
Flexible Benefit Plan information center now available

July 17, 2008
Flexible Spending Account enrollment begins in October

May 30, 2008
Flexible Benefits program allows members to save on health care expenses

RR retirement Final Rule

Attached and below is reference to the final rule regarding payments from the RR Retirement System pursuant to Court Decree or Court-Approved Property Settlement.  The law has been changed to continue Tier II benefits to former spouses even after the death of an employee effective August 17, 2007. 

This is important information for all members who have the misfortune to have recently gone through or are going through a divorce with instructions that they provide the same to their legal representation in the matter.

Payments Pursuant to Court Decree or Court-Approved Property Settlement
 

Powerpoint Presentation on Engineer Certification

 Below are two Powerpoint presentations on Engineer Certification submitted by Brother Johnstone. If you do not have Powerpoint viewer you can download it free here Powerpoint Viewer.

  FRA (Conklin) Presentation on Engineer Certification

FRA (Strang) Presentation on Engineer Certification

Notification of Symbol & Route Change Extended Haul

I came across this Q and A email on Extended Haul Trains and thought I'd pass it along....
 
Brothers,

Here are the answers to your questions. I verified this information with FRA today and attached a file containing the extended haul regulations.

Q 1. Can an extended haul train once designated have is designation changed in route... IE if they want they train to do more than one pick up or set out in route, can they simply remove the extended haul designation?

A 1. Under 49CFR 232.213 an extended haul train must be designated in writing to FRA. If a train is to be removed from the list, that too must be done in writing. There is no provision for temporarily removing the extended haul designation for convenience sake. Of course we know that there will be a manager that will insist that the designation is removed, but when that happens then that location would become the initial terminal for the new train and it must immediately receive a class one initial terminal mechanical and air brake inspection. If the manger understands this requirement, I don’t believe they will want to remove the designation.

Please report any change to an extended haul designation to this office so we can forward the same to the FRA.

Q 2. How can a crew verify or tell if an extended haul train has done work in route?  We have crews that are instructed to make a pick up or set out in route on extended haul trains but they have no way to verify if they are out of compliance with the extended haul waiver.

A 2. When cars are picked up or set out enroute, by UP rule, the crew is supposed to document the event and notify the next crew what work was done. However, if the paperwork is lost for example, then the next crew would have no knowledge of previous set-outs or pick-ups. Under this scenario the crew could not be held liable for a willful violation of the regulations. Only a willful violation of a FRA regulation would subject an individual to a civil penalty. Even then, civil penalties are extremely rare.

I should note that 232.213(a)(5)(i) states that before any cars are added to the extended haul train they first must be inspected by a qualified mechanical inspector. This is a car man, not the conductor. See the attached definition of a qualified mechanical inspector.

I would also suggest that all pick-ups and set-outs on extended haul trains be reported to this office. Maybe we can identify a pattern of abuse by the carrier which could result in the waiver being revoked.

I also emailed Steve Beckwith, UP manager, for his input on question two. I forward his answer if he responds.

Q 3. Is setting out and picking up power in route considered a work event by FRA on an extended haul train?  Many times crews are instructed to pick up power to shuttle it to other locations and they are told that is not considered a pick up or set out under the extended haul waiver.

A 3. 232.213(a)(5) States that, except for the set-out of defective equipment, the train shall have no more than one pick-up and one set-out en route. This section does not separate locomotives and cars. They are both considered equipment (rolling stock). Therefore, FRA does consider a pick up or set out of a locomotive to be a work event. Again, report these occurrences and we will forward the information to the FRA.

I hope I have answered your questions satisfactorily. If you have any further questions, please let me know.

Fraternally,

Terry Briggs, State Legislative Chairman

Brotherhood of Locomotive Engineers and Trainmen - IBT

UP Drug and alcohol testing

 Currently, employees who test negative under the UP Drug and Alcohol Policy are mailed individual letters advising them of their test result. Effective June 1, 2008 these letters will be discontinued and employees who test negative will be able to go online to review and print their negative results.

UP Drug and Alcohol Testing

To access results, go to www.uservices.com or go to "Drug Testing Results" on the Employees site and follow these steps:
  • Click on "Toxicology Services."
  • Click on "UPRR Drug Testing Results."
  • Enter appropriate information: Employee ID number, Specimen ID Number or Chain of Custody Number (found on the top portion of the testing form) and date of collection.
  • Click "submit."

 

SUMMARY OF NEW BLUE FLAG PROTECTION RULE

Train or Yard crew: Train or yard crew members are permitted to work on, under, or between any Train or Yard crew: Train or yard crew members are permitted to work on, under, or between any railroad rolling equipment they are called to operate, without establishing blue signal protection.

Note: The train and yard crew exclusion only applies to the equipment they are called to operate.

Motive Power and Equipment Compliance Manual

Revised 3/06 5 - 7

They cannot assist another crew, unless blue signal protection is established (if the task warrants blue signal protection) or the entire crew (including the locomotive) is involved assisting another crew, provided that both crews are in communication with each other and are aware of the movements to be made.

Can a train crew member perform a mechanical repair (change a brake shoe) without establishing Blue Signal Protection?

Yes, if the repairs are performed on the equipment he/she is called to operate and he/she is not working as a Utility Employee.

Can members of one crew assist another crew, such as making a coupling at a road crossing, replacing or changing EOT batteries, or changing a brake hose without establishing blue signal protection?

NO - It would have to involve the entire crew, to include using the locomotive, to handle the equipment and assist the other crew. If only a few crewmembers assist the other crew, then blue signal protection must
be established.

Utility Employee (UE) is not restricted to any particular craft or job title. The UE may be any railroad employee, provided that all of the prerequisites contained in § 218.22(a) are met.

Worker means railroad employees assigned to inspect, test, repair, or service railroad rolling equipment and their components, including brake systems. Train and yard crews are excluded, except when assigned to perform such work on railroad rolling equipment that is not part of the train or yard movement they have been called to operate. The train and yard crew member exclusion is based on the rationale that the crew working together as an operating crew, with their assigned locomotive engineer at the controls of the locomotive, would have complete control over the movement of any rolling equipment on which they are working.

Railroad security forces or clerical personnel who board railroad cars for the purpose of checking lading for pilferage or vandalism, or store house employees loading or unloading cars (even when using a forklift) are not considered to be workers as defined in this part because they are not assigned to inspect, test, repair, or service the railroad rolling equipment. Therefore, blue signal protection is not required under the regulation. Fueling and sanding locomotives does not require blue signal protection, provided the tasks do not require the individual to go on, under, or between the locomotive.

The law only applies to “railroad workers”. The term “railroad worker” means an employee who is employed and paid directly by the railroad. Non-railroad employees (contractors, suppliers, etc.) are not required to use blue signal protection under Federal regulations.

FRA Blue Flag Protection for Workmen 49 CFR Part 218, is available on our Downloads page.

 

 BLET      Teamsters     Teamsters Rail Conference     Union Pacific     MyUP

LEGAL DISCLAIMER:
This is only a informational website only. Information and statements contained on this web site has been provided for the benefit of BLET Division 333 Members. The Brotherhood of Locomotive Engineers and Trainmen, Division 333 and this webmaster are not liable for discrepancies, omissions, opinions, whether     expressed, implied, false or misleading content. All content © 2008 Brotherhood of Locomotive Engineers and Trainmen Division 333.