Related Articles

On Track Toward the 21st Century

January/February 1999 IBEW Journal

Railroad Division Ready for New Challenges

 Like so many other industries in North America, railroads are undergoing significant change. Among the many issues facing the industry are: the growing penchant for railroad mergers, which greatly affects workers, workplace safety, health and pension plans, technology and government actions.

Together, these make up a full plate of issues. As shown at the first IBEW Railroad Conference held in July 1998, the recently reorganized IBEW Railroad Branch is well positioned to deal effectively with these and other matters.

In a referendum vote conducted from January through March 1998, IBEW locals for a package of changes to the Brotherhood's Constitution, among which was an amendment to eliminate the Tenth District Vice Presidential District. This district was the only one in the union organized by industry -    railroads - rather than geography. Following the referendum, railroad locals were placed in their respective geographical districts, where they will work more closely their sister locals in other branches and with the officers and staff in those districts.

The old district operation has been moved from suburban Chicago to the IBEW International Office in Washington, D.C., and reorganized as the Railroad Department. Former Tenth District Vice President Daniel L. Davis is now the department director. Director Davis, along with International Representatives Jean Hurtubuise in Washington and N. Ray Cobb in North Carolina, continue to work with railroad locals, as they did before. "We believe this structure will be of tremendous benefit to our railroad locals and membership," said International President J.J. Barry. "Operating in Washington will give the department better access to the key agencies whose decisions affect our U.S. railroad members. Our railroad locals and their members will not only be represented by the same individuals who worked in the district, but they will also work more closely with our International staff in the districts. This will facilitate the flow of information and enhance our organizing and education efforts, as well as foster a greater sense of solidarity within the Brotherhood."

Conference Tackles the Issues

"We must dedicate ourselves to organizing the unorganized..."

"We must promote and establish the IBEW through positive relationships with our members and our communities by the use of economic, social and political involvement."

These statements exemplify the spirit that prevailed at the 1998 IBEW Railroad Conference, the first held since the reorganization of the branch, last summer in Scottsdale, Arizona.

Director Davis led the discussion on the issues facing the Railroad Branch and emphasized that the challenges of the future will best be met through "positive, motivational and inspirational leadership" at all levels of the IBEW.

Prior to the opening session of the 1998 Railroad Department Conference, Director Davis led a workshop entitled, Handling Claims and Grievances in the Railroad Industry. Delegates then separated into buzz groups to discuss typical claim and grievance scenarios and come up with possible solutions -- which were then discussed and critiqued.

International Secretary-Treasurer Edwin D. Hill delivered the keynote address. He noted that the U.S. government entity overseeing railroads - the Surface Transportation Board - has been little more than a rubber stamp for the companies. Not a single merger has been rejected by the STB since 1980. Thousands of jobs have been lost in the industry and collective bargaining agreements have been allowed to be canceled by the agency charged with protecting the interests of railroad workers and the public.

Secretary-Treasurer Hill spoke of the passage by the U.S. Congress of the Intermodal Surface Transportation Efficiency Act, or ISTEA. Among the act's provisions is language providing increasing levels of funding for high speed rail lines and electro-magnetic levitation trains. The latter is especially important because it relies heavily on the work of the skilled work of the railroad crafts like the IBEW. Secretary-Treasurer Hill added that the IBEW has some experience with this mode of transportation. "Our largest labor-management pension fund, the National Electrical Benefit Fund," he said, "has invested in an experimental magnetic levitation system in the Pittsburgh. We consider this a sound investment not just from the financial point of view, but also as an investment in the skills and future employment prospects of our members."

Secretary-Treasurer Hill also emphasized the impact that legislative and administrative actions have on the railroad industry, and said that a strong IBEW-COPE was therefore essential to the well being of IBEW railroad members. He joined Director Davis in honoring those railroad locals that are strong supporters of IBEW-COPE: Local 589, Jamaica, L.I., New York; System Council #6, Ringgold, Georgia; Local 362, Washington, D.C., and Local 656, Birmingham, Alabama.

A representative of the Federal Railroad Administration (FRA) representative addressed delegates on the safety issue. He said that the FRA needed new positions for inspections to meet their goals of zero injuries and deaths in the industry. He spoke of fatigued employees being a top priority of the FRA and that there must be changes to require railroads to have programs addressing fatigue, with labor involvement in the process. He spoke of incidences of intimidation and harassment by railroads to keep injured employees from reporting and seeking treatment of workplace injuries--a situation that the U.S. government, through the Federal Employees Liability Act (FELA), takes very seriously. The IBEW has pursued remedies to these problems under the applicable provisions.

Delegates also discussed the major railroad merger which was pending at that time, the acquisition of parts of Conrail by Norfolk-Southern (NS) and CSX. When railroad mergers are allowed by the Surface Transportation Board (STB), the New York Dock Protective Conditions are generally applied for the protection of employees. Implementing agreements between unions and the merging railroads are required for transactions involving the work force. In the acquisition of Conrail, the STB denied the carriers' proposals that they be given the right to change labor agreements unilaterally. The IBEW has subsequently reached agreement with both companies that existing labor agreements at the acquiring carriers will cover workers. That is, those parts of Conrail acquired by Norfolk-Southern will be covered by the existing Norfolk-Western agreement; those acquired by CSX will be covered by the contract in effect at that carrier. This ensures continued protection of IBEW members at the former Conrail affected by the acquisition.

Attorney Mike Wolly discussed the Railway Labor Act (RLA), explaining to delegates the difference between major and minor RLA. In addition, he spoke about disputes that arise under the Americans with Disability Act (ADA). Under the ADA, he said, there should be no discrimination by an employer because of a disability and that legitimate seniority systems are not affected by the ADA in job selection.

Other speakers were the International Vice Presidents Frank Carroll of the Second District, Lawrence Rossa of the Third District, Paul Witte of the Fourth District, Mel Horton of the Fifth District, Jerry O'Connor of the Sixth District, Orville Tate of the host Seventh District and Carl Lansden of the Tenth District. All pledged support and willingness to develop a close working relationship with railroad locals and the Railroad Department. Director Davis was praised for his dedicated service to the IBEW and received two plaques--one from General Chairman G.A. Heinz, System Council No. 9, and one presented by Vice General Chairman Jerry Richardson, on behalf of Local 1984, Waycross, Georgia.