OCTOBER 2012 ISSUE NUMBER 29

Safety Tip of the Month

Before I start pontificating on this months “Safety Tip”, I would like to take a minute to thank everyone who comes to work committed to 100% rules compliance and to working safely. Have you seen the numbers for the Keystone Sub-Division and for the Baltimore Division? It has been well over a year since our last injury on the Keystone. The Baltimore Division has worked over 1,000,000 man-hours without an injury. Considering the inherently dangerous nature of this job, these statistics are truly amazing. Thanks to all of you who read the “Safety Tip of the Month” and strive to apply these tips on the job every day. Also, I believe that those of you who care enough about the welfare of your brothers and sisters and take a few moments to report unsafe conditions by PI-82’s deserve a little bit of the credit for the great Safety numbers. Let’s keep up the good work. Remember to take your time, work safely and if you observe a potential safety hazard contact Safety Team Leader Ron Main so he can take the steps necessary to get it taken care of. Ron’s contact info is posted on the UTU 340 bulletin board at the “Callers” in Cumberland.

This month’s topic applies equally to Conductors and Engineers since we all get on and off equipment whether it

be locomotives or rolling stock. The Rules covering this subject are GS-11 and GS-12 in the CSX Safeway. Rule GS-

11 is perhaps the easiest Rule to understand in the Rulebook: do not get on or off moving equipment no matter how slow it is going. GS-12 is a bit more detailed. One of the most critical things to do is to always observe the area you

Is Mike McMarlin in this picture? Butler PA 1980.

are stepping onto before actually taking the step. If you cannot see well due to poor lighting conditions or weeds obscuring the ground, than do not step off the equipment. There are stories of Railroaders actually stepping off the sides of bridges since they never followed this simple Rule. Face the equipment and always maintain 3 points of contact, which means when taking that all important last step from the equipment to the ground have both hands firmly gripping the railings or grab irons. Also, remember to mount and dismount on the side away from main tracks and “live” tracks which could be a yard track with equipment moving on it. This month, focus on getting on and off equipment safely and improving your work habits.

Mike Lowery Elected Local Chairman

Brother Mike Lowery has been elected to the position of Local Chairman for the UTU 340 Local Committee of Adjustment C at a Special Meeting held in Cumberland on September 28th. As many of you know, Mike has been the Acting Local Chairman for the past 13 months when he stood up to do Bill Conrad’s job after Bill got hurt. It is indeed good news for Local 340 in general and LCA “C” in particular that Mike already has a good handle on what needs to be done and how to do it. It has been said that the job of Local Chairman is one of the most important in the whole organization as he or she is often the first line of defense against the Carrier concerning wages and discipline.

Many of you seem to have the misconception that the Local Chairman is there to baby sit you or pull your chestnuts out of the fire when need be. Be advised that is not how Brother Lowery will do his job. He will be there to assist you and guide you, but it is YOUR RESPONSIBILITY to do everything possible to help yourself, which includes following the Rules and educating yourself on important matters concerning the Railroad and YOUR Union! Mike’s phone number is at the bottom of the newsletter. Please don’t call him at odd hours about some trivial matter. If Mike does not answer, leave a message and he will call you back. You can also text him or contact him via e-mail at .

Nominations for Secretary & Treasurer

All members who are interested in holding the highly prestigious and important position of Secretary or Treasurer of UTU Local 340, be aware that nominations for both of these positions will be taken at the October Regular Meeting to be held on October 9 in Connellsville. Nominations may be made by petition or taken from the floor. Petitions must be signed by 5 members in good standing of UTU Local 0340 and be received prior to the meeting or at the meeting.

Conductor/CSX Cooperative Rates of Pay

The CSX Payroll Department added the general wage increases from the 2011 National Agreement for July 1, 2011 and July 1, 2012 to our UTU Cooperative Programs rate of pay which is currently $285.32. This applies to all of you who are working a craft covered by the UTU Agreement. CSXT just recently discovered these general wage increases were added, which increased the amount our members were receiving to $307.26. They have now removed these increases to the amount our members are paid under our Cooperative Programs.

Payroll will not go back 60 days to recover the difference they were paying due to this being their error, but effective immediately they are changing the maximum amount that can be claimed/approved for the these constructive codes back to $285.32.

Voting by Absentee Ballot & Early Voting

by E.D. DeMott Asst. Legislative Representative

I encourage all UTU 340 members who are subject to call and work the road to vote by absentee ballot or vote early depending on the rules of the state you reside in. This will allow you to avoid the stress of missing voting day if you are called out or will not make it back home in time to vote in the General Election on November 6th.

If you live in Pennsylvania, railroaders are permitted to vote by absentee ballot due to the fact they may be absent from their regular voting place on Election Day. Go to www.votespa.com > “Voting & Elections” > “Types of Voting” > “Absentee Ballot” for more information. Early voting is not available to residents of the Keystone state.

Early voting is available to those of you who are residents of Maryland. Early voting begins on October 27th and continues through November 1st. Early voting centers will be open from 10 am until 8 pm each day of early voting except on Sundays when early voting centers will be open 12pm to 6pm. For the location of early voting centers near you visit www.mdearlyvote.com .

Early voting is also possible if you are a West Virginia resident. The regular period of early voting begins thirteen days before the election (November 6) and continues until three days before the election. Voting is available during regular business hours, plus, it is also available on any Saturday on or between the thirteenth and third days before the election. Check with the appropriate office for more information. Please contact your County Clerk's office to find out the location and times in your county.

The Importance of Underinsured & Uninsured Motorist Coverage by P. Matthew Darby Esq.

Part of every railroader’s daily existence is the process of deadheading from one work location to another. It is important to remember that under the Federal Employers Liability Act, CSX Transportation, Inc. is required to provide you with a reasonably safe place in which to work. This duty extends to the premises of third parties, including industry yards, hotels and any other place the railroad requires you to be in the furtherance of your work duties. Just like with most other cases, it is important that the railroad be made aware of any dangerous condition you may encounter any place you work. This can often make the difference between a successful case and one that is not.
In the context of deadheading, it is important to understand that PTI is considered an agent of the railroad. This means that legally, any negligence of PTI is considered to be the negligence of the railroad. Therefore, if the PTI driver violates a traffic rule or drives negligently, your FELA case would essentially proceed just as if the injury occurred

on railroad property. This would also be true if there was some defect in the PTI vehicle that caused or contributed to the accident. The lesson here is that if there is any aspect of the accident that was caused or contributed to by the PTI van driver, it is important that you record that fact. For example, if the van driver was not paying attention due to the fact he appeared to be fatigued so he did not react as quickly as he could have, make sure that this fact is noted in the CSXT injury report (Form PI-1A). That way, even if the main theory of the case is that another driver was negligent, the railroad will still be held in the case as a joint-tortfeasor; meaning that they would be required to pay any

verdict in the case.
However, what happens if the PTI driver was not negligent and you are injured in an accident? It is clear that you would be "covered" under the FELA, but since the railroad was not negligent, an FELA case would not be successful. Therefore, the only case you may have would be against the driver who caused the accident. What would happen if the PTI van was stopped at a red light and was rear-ended by another vehicle? Since the PTI van driver was not negligent, there would be no chance of a recovery under the FELA. Your only recovery would be against the other driver. That would be fine if the other driver has sufficient liability insurance limits, but what if the other driver only had minimum coverage?
Consider this scenario. You are in a PTI van that is rear-ended. You injure your neck and have to have surgery and miss two years from work, or maybe cannot ever return to work? The driver who caused the accident only has $20,000 in liability coverage? That means that even if you have lost wages of $250,000, you would receive $20,000 and that is all!
How can we avoid this outcome? The only way to protect yourself is to purchase Underinsured/Uninsured Motorist (UIM) coverage with high limits. I suggest that the limits be at least $1 million. UIM coverage applies when a motor vehicle accident occurs and the negligent driver does not have sufficient liability insurance limits to satisfy the damages you suffered as a result of the accident. The claim is then submitted to your UIM insurance company. If the case does not settle, a lawsuit can be filed just like any other personal injury case. In addition, your insurance rates cannot be increased if you pursue a UIM claim. Having sufficient UIM limits can be the difference between being completely compensated for your losses or losing everything you have worked for in your career.

Our Local recommends UTU Designated Legal Counsel Matt Darby for injuries and Whistle Blower issues. Matt is available at any time to discuss an issue with you. He may be reached at 800-248-FELA.

Local Chairman Mike Lowery (340-C) 240-217-5667

Local Chairman Lee Hodge (340-A) 724-322-5098

Local Chairman Mike Savage (340-D) 724-366-7346

UNION MEETING October 9th @1900 VFW CONNELLSVILLE

The UTU 340 Monthly newsletter is edited by Ed DeMott. All members are encouraged to contribute. Contact Ed at