Resolution Demanding Justice for Injured Railroader Whistleblowers

Resolution Demanding Justice for Injured Railroader Whistleblowers

Whereas, railroad workers who are injured on the job have a right to a workplace free from management reprisal, harassment, crimination and discipline; and

Whereas, the rail carriers are involved in a systematic widespread wholesale violation of the law on an everyday basis when they discipline, harass, terminate and otherwise take reprisal against injured workers; and

Whereas the RSIA, which makes provision for whistleblower protections, has in fact done little or nothing to deter the carriers from this illegal and despicable behavior; and

Whereas the entire whistleblower process is so cumbersome and arcane, so long and drawn out, that most workers cannot or will not navigate their way through it; and

Whereas, a worker who does choose to assert her/his rights and make use of the law is in fact penalized by what is often further harassment from the carrier, and upon winning a verdict, finds that the carrier simply, as a matter of course – endlessly appeals any and all worker victories; and

Whereas, more than a thousand rails have filed whistleblower complaints, an indication of a widespread problem, an indication that the industry is rife with blatant abuse of the law; and

Whereas the individual fight of each and every whistleblower is a fight on behalf of the collective whole of all railroad workers;

Therefore be it resolved that RWU does hereby call out the law for what it is in practice – a sham and a farce that in fact appears to help the carriers more than the injured workers; and

Be it further resolved, that RWU work to create a “Whistleblower Coalition” of railroad workers who have been ensnared in this fiasco, in order to bring them together to share their experiences, wisdom, resources, information and ideas; and

Be it further resolved that RWU supports amending the law in order that upon winning, the worker be immediately be put back to work and receive full award pending any and all carrier appeal, and that the rail carrier face stiffer fines and penalties should such an appeal fail; and

Be it finally resolved that RWU calls upon rail labor to join with us in condemning this farce and to take action to bring justice to injured railroad workers.

Adopted by the RWU Steering Committee June 3rd, 2014

Railroad Workers United

Unity—Solidarity—Democracy: The Rank and File in Action!

railroadworkersunited.org  info@railroadworkersunited.org

(206) 984-3051  PO Box 1053, Salem, IL 62881

Casey Jones in #LacMegantic

Casey Jones in #LacMegantic

JP Wright

Come all railroaders cause I want ya to hear,

a story bout a fellow Engineer.

Tom Harding is the hogger’s name

and for the crimes of Ed Burkhart they’s  tryin’ to blame.

[CHORUS]

Ol’ fast Eddie’s train blew up that town,

He just keeps on spreading the disasters around,

Wisconsin, Quebec and overseas-

But they want to frame our brother, while ED runs free.

When the town of Lac-Megantic went up in flames,

Eddie saw nothing wrong with a one man train!

The Government said “OK, with one employee,”

and this oil boom is making a ton of cash for me.

The people of Lac-Megantic said it was not fair

for fast Eddie to go around railroadin’ everywhere.

Buyin’ short-lines just to run em’ in the ground,

making arrogant statements while we burn to the ground!

Now down in the good ol’ US of A,

there’s a big bad fight going on today.

On a short-line rail in Ohio land,

the W&LE wants to run one-man.

This fight's been going on for quite some time,

the workers have been out on the picket line,

The talks are stalled and at a stalemate,

because the "one-man plan" they won’t negotiate!

So people of Ohio, you’d better listen up!

what town do you want the railroad to blow up?

There’s was nothing safe about a one man train

when poor Lac-Megantic went up in flames!

[CHORUS]

Old fast Eddie, he blew up a town,

Now they want to spread disasters around,

A one man train you know it 'aint safe!

Say NO to the route the railroads want to take!

 While the unions are fighting in Washington Town,

we better get some boots down here on the ground.

Federal law trumps the law in the states,

all the tools in the box, is what it’s gonna take.

So listen to the moral of this story,

like Casey Jones of old in History.

The worker gets the blame, especially when dead,

Cause the government and railroads share the same bed!

 [CHORUS]

Casey Jones there’s a lot of them around,

Casey Jones won’t put the reverser down.

Casey Jones on the W&LE,

is needin' quite a bit of solidarity!

Come all you trainmen and you engineers

All you workers from both far and near

Let's support our fellow workers on the W&LE

And together in this fight we can make history!

Railroad Workers Memorial Day is Friday, June 13th

Railroad Workers Memorial Day is Friday, June 13th

Railroad Workers United will observe Railroad Workers Memorial Day once again this Fathers’ Day Friday, June 13th, 2014. This will be the sixth year that we have observed a day in honor of all fellow railroad workers killed on the job. The initial inspiration for Railroad Workers Memorial Day came when Jared Boehlke, a young conductor, was killed on Mothers’ Day, 2009 while working a single employee RCO job in the bowl in Selkirk, NY. RWU called for a day of remembrance and action for that Fathers’ Day Friday a month later. Since then, we have called on railroad workers and their allies to wear black shirts every year on this date as a way to not just remember and honor those killed on the job, but to take action in support of better safety measures to prevent such tragedies.

Each year we have tended to focus on a specific incident, issue, or rail property. At the RWU Convention in Chicago, those present tentatively agreed to focus on Metro North, the New York based commuter railroad with a horrendous safety record. In the last twelve months Metro North has suffered a series of train wrecks and track worker fatalities. In the wake of a wreck that killed four passengers and injured dozens more, the FRA has cited the railroad as having a “deficient safety culture”. Federal inspectors found more than 7,000 defects and deficiencies within the Metro North Railroad system over ten years. Among the problems revealed in the report were track inspections that found broken or cracked joint bars, loose rail braces and missing bolts. FRA inspections found five times as many issues per 100 miles of track as similar inspections on other commuter railroads!

For a railroad long considered the “gold standard” for the region’s commuter systems, the recent debacle on MN has now revealed that the railroad in fact has lacked safety features that had been in place on some other railroads for decades. Apparently, glaring safety issues had gone unnoticed and unreported for years, a powder keg waiting to explode, as it did in 2014. Without a safety program designed to recognize and 

eliminate hazards, rather than simply focus on worker behavior, any railroad is a disaster waiting to happen.

To assist with Railroad Workers Memorial Day actions, please contact RWU at info@railroadworkersunited.org or call 206-984-3051. We have posters and stickers, and can provide you with a union-made-in-the-USA black RWU T-shirt to wear on Fathers Day Friday.

RWU Resolution in Support of Dignity & Respect

 RWU Resolution in Support of Dignity & Respect 

Whereas, all working people deserve dignity and respect on the job; and 

Whereas, unions have historically been the means by which workers have collectively banded together to 

defend their dignity and to win respect of their employers; and 

Whereas, the North American rail carriers have undertaken a concerted effort in recent years to demean 

and degrade rail workers along with their sense of dignity; and 

Whereas, this effort by the rail carriers includes but is not limited to: 

 Constant surveillance upon and interference with railroad workers in the course of their daily duties; 

 A major increase in discipline for all sorts of “infractions”, both in number of workers disciplined and 

in the severity of the discipline meted out; 

 A record number of firings and terminations; 

 Harassment and reprisal taken against workers who report injuries; 

 Failure to abide by OSHA findings when cited by the regulatory agency for violations; 

 Implementation of draconian attendance policies which restrict workers from taking needed time off 

work and which call for harsh discipline if/when a worker violates such a policy; 

 Relentless violation of the union agreement, accompanied by endless denials of claims; 

 Blaming workers for every accident and injury rather than fixing the underlying hazards. 

Whereas these attacks are detrimental to our mental and physical health, make for a stressful, dangerous 

and unsafe work environment, erode our sense of self-worth and endanger union solidarity; and 

Whereas, constantly responding to discipline and “individual” problems on an individual basis diverts union 

resources -- in terms of time, energy and finances – into a defensive posture, eroding the power and 

effectiveness of the union; and 

Whereas, since these attacks are universal and involve the entire railroad workforce, it must be met with a 

concerted defense by the collective effort of the workforce; 

Whereas, filing paper – whether it be claims, grievances, complaints, whistleblower complaints, etc. – is an 

important tactic but is clearly not enough to deter the carriers from escalating this wholesale attack; 

Therefore, be it resolved that Railroad Workers United (RWU) condemns this arrogant and despicable 

attack by the rail carriers upon our dignity, integrity and solidarity; and 

Be it further resolved that RWU calls on all railroaders to resist this universal attack by creative means; 

and 

Be it further resolved that RWU calls upon the union leadership to acknowledge the reality of this 

omnipresent situation and commit resources to organizing their membership to fight this scourge; and 

Be it finally resolved that RWU constitute a Committee on Workers’ Dignity & Respect that will identify 

and address issues that demean and degrade workers. 

This Resolution adopted at the Fourth Biennial RWU Convention 

April 3rd

 & 4th, 2014 Chicago, Illinois 

Railroad Workers United 

Unity—Solidarity—Democracy: The Rank and File in Action! 

railroadworkersunited.org  info@railroadworkersunited.org 

(206) 984-3051  PO Box 1053, Salem, IL 62881 

RWU Position on MN Wreck and the Call for Inward Facing Cameras

RWU Position on MN Wreck and the Call for Inward Facing Cameras

In the wake of the Metro North wreck, public officials are calling for stepped up efforts to install inward facing cameras in locomotives. The article below is an example:

http://utu.org/2013/12/09/senators-put-cameras-on-train-tracks-engineers/

This poorly conceived notion mistakenly believes that cameras that keep a sharp eye on the engine crew will be the elixir that magically takes care of all safety issues on the railroad, including the chronic problem of crew fatigue. This is ludicrous. We cannot help but wonder how public officials would react to have video cameras taping their every move on the job? Where they make the decisions, like the one that Senator Charles Schumer did, to favor more parking lots over safety at Metro-North. We can only imagine how insulted they would feel about such a proposal, yet they are quick to stick cameras in the faces of workers without a second thought.

Currently, the railroads have a policy against cell phone usage and texting while in the cab of a locomotive. The federal government has declared it illegal.  But does this totally eliminate cell phone use on trains? No! Because there will always be those that are willing to roll the dice and play the odds that they will not get caught. If your train successfully completes its tour-of-duty without incident, no one will ever know that you used your phone en route. And it is the same with cameras. If your train successfully completes its tour-of-duty without incident, no one will ever know what you did up there, including sleep, drink, smoke, or nod off. No one is watching the movie, just as no one is monitoring your phone calls. But if something goes wrong, only then is the cell phone record reviewed, the camera tape reviewed. Of course, by then it is too late and the damage has been done and the train is in the ditch, the loss of life has already occurred.

The call for inward facing cameras is an insult to every railroad worker. The insinuation is that if we were only supervised more strictly, then we would all follow the rules, refrain from making mistakes, and never let the lack of sleep, distractions, etc. interfere with our work ethic. Inward facing cameras blame workers for accidents and insinuate that we are breaking the rules and not doing our jobs. And they let the carrier off the hook. Cameras do not ask why a worker fell asleep, nodded off, or failed to run the train in accordance with all rules, speed restrictions, etc. They are reactive, not proactive, and do absolutely nothing to tackle the hazards that are lurking in the background, hazards that ultimately are responsible for workplace accidents.

Railroad Workers United believes that trains wreck because of underlying hazards that must be eliminated. We achieve this with a proactive approach that honestly investigates these hazards and examines the reality of crew fatigue, task overload, adequate training, the lack of necessary safety appliances and technologies, and all the rest. We do not keep trains from wrecking by explaining (after they wreck) that this or that employee did not do his/her job.

We will concede however, that with the best training, adequate staffing, provisions for time off work and plenty of rest, lucid and easily understood operating rules, etc. generous applications of automatic train stop, cab signals, etc., that accidents are still possible. Train crews are human beings and as such, we are prone to make mistakes, become drowsy, to be impatient, confused, irritable, distracted. There is no camera technology in the world that can change this reality. And there is no camera technology that can prevent a train from wrecking. But there is a technology that canprevent trains from wrecking and it’s called Positive Train Control (PTC). So let’s get on with its installation and stop this foolish clamoring for inward facing cameras on locomotives.

Inward Facing Locomotive Cameras

Inward Facing Locomotive Cameras: The Fight Ain’t Over Yet

The fight against inward facing cameras has been dealt a severe one-two punch this past six months. First, the KCS began camera installation in the spring of 2013, and activated  them in July once a federal judge ruled the dispute to be “minor”. Then on January 13th, the Federal Railroad Administration (FRA) announced that it will begin the rulemaking process to lead to their wholesale implementation.

So while we are down, we are not out. We believe there are alternatives. And the issue is not simply one of cameras vs. no cameras. If (and we feel that is still if) cameras are fully implemented by the rail carriers, then countless questions remain. And these specifics must be mandatory subjects of bargaining; e.g. How long will the data be retained?

What is the purpose of the data? What actions of a crew caught on camera can be used against them for displiplinary purposes. Can audio be used? Under what circumstances can the data be examined and to what ends? These and countless other questions should have to be worked out with the unions. And while we believe that inward facing cameras can still be barred from locomotives, if/when they are installed, we must still insist on the right to bargain over exactly how they are to be used.

Railroad Workers United believes that the whole camera issue is bogus. There are alternatives. And cameras don’t necessarily fix hazards, they simply blame workers after the fact. See below for a full commentary on the issue.

Inward Facing Cameras: Coming to a Locomotive Near You?

In the wake of the terrible head on collision at Chatsworth, CA more than five years ago now, the National Transportation Safety Board (NTSB) made the unfortunate recommendation that inward facing cameras be installed on locomotives to observe crew behavior. Ostensibly, the idea behind this would be to ensure that railroad workers do not use electronic devices (phone and texting) while performing job related duties of train operation. The unions of the operating crafts as well as Railroad Workers United all issued statements opposed to such cameras when the NTSB issued their recommendation in 2011.

Unfortunately, the unions chose to focus their energy on a simple lawsuit that such cameras are a breach of their members' right to privacy. Given that cameras are common practice now in a myriad of workplace settings, and given the public outcry over cell phoning and texting endangering the lives of passengers and citizens, this was probably not the best strategy to win with. And in fact, when Kansas City Southern, earlier this year, unveiled their intention to install inward facing cameras, a federal judge predictably ruled against the right to privacy issue. Ruling it not a “major dispute”, the floodgates were opened to camera installation, the unions lacking any kind of a "Plan B."

The pretext for installation of inward facing cameras in locomotives is that the rail industry needs to ensure that cell phone usage and texting is eliminated in the name of safety. We remain skeptical of this claim. Make no mistake: Railroad Workers United is 100% opposed to the usage of cell phones when work is being performed. However, we do not see inward facing cameras as necessarily achieving this goal. Some workers will continue to use their cell phones regardless -- especially in cases of personal crisis, illness and/or emergency situations back at home. And their are ways to avoid the view of the camera as well (e.g the restroom).

The clamor for camera installation is a bogey man, distracting our attention from hazard elimination while shifting the blame for train wrecks onto workers. As can plainly be seen in the article on pages 2 & 3 of this issue of The Highball, had Metro North simply alleviated the hazard years ago with the implementation of simple, affordable and very commonplace technology, the terrible wreck of December 1, 2013 would not have happened, period.

RWU advocated in a 2010 resolution that rather than installing inward facing cameras, the industry install signal jammers that make it impossible to call/text while in the cab of a locomotive. This technology appears to be readily available and at least as cheap as cameras. But there is one major difference - this technology actually prevents cell phone usage whereas cameras do not. RWU's idea is proactive, fail safe and it works. Cameras are a reactive, after-the-fact implementation of technology that will not necessarily eliminate cell phone usage. (Note: If and when a worker must use a cell phone in an emergency situation, an override switch could be employed for this purpose and the train crew held accountable when making use of such switch).

And not only do the cameras fail to do what other technology can achieve, inward facing cameras can be intrusive, irritating, distractive and possibly downright dangerous. Train crews must be free to have candid conversations with one another, about the rules, their interpretation and meaning. In a difficult and/or confusing situation, a train crew needs to speak freely and reach agreement on how best to proceed. Fear of reprisal, taken later by the carrier after review of the films if/when a trip “goes bad” may cause workers to not confidently and candidly interact with one another. A train crew member may make a mistake, saying or do something that contradicts the rules and now, aware that s/he has been caught on camera,, may focus on it the rest of the tour of duty, causing distraction from the job at hand.

Finally, all railroad workers should oppose the use of cameras because they are just one more incursion of the employer, one more form of control and intimidation. If we are not free to be ourselves, to express ourselves, to discuss matters of importance to us; If we feel that the boss is always present, looking over our shoulder, we will not make very good union men and women. A worker who is afraid and paranoid is a worker who is constantly worried about protecting her/his own ass, not a worker who finds solidarity to come naturally. No Inward Facing Cameras!

www.railroadworkersunited.org

206-984-3051

v7 #1 winter. 

Cameras in Locomotive Cabs

Railroad Workers United

Unity   !"Solidarity   !"Democracy

!The Rank and File in Action"#

P. O. Box 1053   Salem, IL 6288 206-984-3051

www.railroadworkersunited.org  info@railroadworkersunited.org

Railroad Workers United Resolution On Alternative

Technologies to Cameras in Locomotive Cabs

 

Whereas,the National Transportation Safety Board (NTSB) in January 2010 made a recom-

mendation that inward facing cameras be used to constantly monitor train crew activities; and

Whereas,this recommendation by the NTSB is based on the NTSB's ongoing investigation

into the causes of the September 12, 2008, accident in Chatsworth, California involving a

Metrolink commuter train and a Union Pacific freight train; and

Whereas,this accident involved 25 fatalities and over 100 injuries; and

Whereas,the NTSB's ongoing investigation has unearthed preliminary information that the

engineer of the Metrolink commuter train was both sending and receiving multiple text mes-

sages while operating the train; and

Whereas,the NTSB has recommended that inward facing cameras with audio pick-up be

installed in the operating cab of all locomotives; and

Whereas,the NTSB has further recommended that railroad carriers be required to "regularly

review and use in-cab audio and image recordings (with appropriate limitations on public

release), in conjunction with other performance data, to verify that train crew actions are in

accordance with rules and procedures that are essential to safety;"

Therefore Be It Resolved,that Railroad Workers United (RWU) acknowledges that the use of

wireless devices -- including cell phones -- is, in fact, a distraction from the safe operation of

locomotives and trains; and 

Be It Further Resolved,that RWU supports an alternative to the highly intrusive video and

audio monitoring of train crews proposed by the NTSB in the operating cabs of all locomo-

tives; and

Be It Further Resolved,that RWU supports the installation of alternative non-intrusive tech-

nologies, including but not limited to:

!"Cell phone jamming equipment that automatically functions whenever the reverser of the

locomotive is not centered; and/or

! Alarm systems that sound if/when an active cell phone is brought into the cab of a locomo-

tive; and/or

! Sensors that detect cell phone signals and instigate a penalty application of the train brakes

when one is detected in the locomotive cab; and/or

! Other technologies of this type that actually prevent the locomotive from moving when

an active cell phone is present in the cab.

Be It Finally Resolved,that RWU offers this as an alternative counter to cell phone use, to be

considered by the appropriate authorities including, but not limited to, the railroad carriers, the

United Transportation Union (UTU), the Brotherhood of Locomotive Engineers and Trainmen

(BLET), the National Transportation Safety Board (NTSB), and the Federal Railroad

Administration (FRA).

This Resolution adopted by the members assembled at the RWU Second Biennial

Convention  Friday, April 23rd, 2010 in Dearborn, Michigan