VOLUME 102 1ST QUARTER 2021 - Brotherhood of Railroad ...
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VOLUME 102 • 1ST QUARTER 2021
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Official Publication of the
BROTHERHOOD OF RAILROAD SIGNALMEN
WWW.BRS.ORG
VOLUME 102 • 1ST QUARTER 2021
DIRECTORY Coordinated Bargaining Coalition
NATIONAL HEADQUARTERS:
917 Shenandoah Shores Road
National Negotiations
Front Royal, VA 22630-6418
(540) 622-6522 • Fax: (540) 622-6532
Collectively, the CBC unions represent more than 105,000
signalman@brs.org railroad workers covered by the various organizations’
Jerry Boles, President national agreements, and comprise over 80% of the work-
(ext. 525) • jcb@brs.org force who will be impacted by this round of negotiations ..... 6
Mike Baldwin, Secretary-Treasurer
Agreements
(ext. 527) • msb@brs.org
Tim Tarrant, Vice President Headquarters Bombardier Signal Employees Join the BRS ............ 10
(ext. 528) • tmt@brs.org
Brandon Elvey, Vice President NRAB METRA Ratifies Agreement ..................................... 10
(ext. 524) • b.elvey@brs.org
Kurt Mullins, Director of Research
(ext. 572) • kmullins@brs.org Did You Know? ...................................................................... 3, 9, 10, 20, 24, 31
Quinn Norman, Grand Lodge Representative Transportation Labor Mourns the Loss of TTD President Larry Willis .................. 7
(ext. 573) • r.norman@brs.org
Chris Hand, Grand Lodge Representative
FAMES — Alerts and Reports ..................................................................... 8, 17
(ext. 566) • c.hand@brs.org Senate Confirms Pete Buttigieg to Lead the Department of Transportation .......... 9
WASHINGTON OFFICE: 2021 Standard Mileage Rate ............................................................................. 9
815 16th Street NW, 4th Floor
Washington, D.C. 20006 In Memoriam — Robert “Bob” D. Frank .......................................................... 11
Mike Efaw, National Legislative Director
917 Shenandoah Shores Road, Front Royal, VA 22630
Tips to Help Keep Your Health on Track — Pack an Emergency Kit ................... 14
(ext. 528) • mle@brs.org AFL-CIO Workers Memorial Day • April 28 ......................................................... 15
FIELD VICE PRESIDENTS: Do Buy List ...................................................................................................... 18
Joe Mattingly, Vice President Midwest Early Retirement Plan Increases Maximum ...................................................... 19
400 Contessa Lane, Trenton, KY 42286
(270) 466-0405 • jlm@brs.org 2021 Alcohol and Drug Testing Rates ............................................................... 20
Jim Finnegan, Vice President
Commuter/Passenger Don’t Buy List................................................................................................... 21
917 Shenandoah Shores Road, Front Royal, VA 22630
(540) 622-6522 (ext. 528) • jmfinnegan@brs.org NALC Stamp Out Hunger Food Drive ............................................................... 25
Cory Claypool, Vice President West Biden Names Marty Walsh as Labor Secretary ................................................. 28
917 Shenandoah Shores Road, Front Royal, VA 22630
(540) 622-6522 (ext. 528) • clc@brs.org Union Plus Bachelor’s Degree Completion Program .......................................... 29
Doug VanderJagt, Vice President East Union Sportsmen’s Alliance ............................................................................. 30
917 Shenandoah Shores Road, Front Royal, VA 22630
(540) 622-6522 (ext. 528) • drvanderjagt@brs.org The RRB Plans Improved Access to Toll-Free Service ....................................... 31
BRS Mobile App — Available for iPhone and Android ...................................... 32
BOARD OF TRUSTEES: Photo Highlights from NSGC–SJGC Quadrennial Meeting ................................ 33
Gus Demott, Chairman
P.O. Box 888, Clinton, SC 29325
(864) 938-0353
John McArthur, Secretary From the President ............................................................................................ 2
P.O. Box 960639, El Paso, TX 79996
(775) 846-1794 From the Secretary-Treasurer............................................................................. 4
Chris Natale, Member Railroad Retirement Questions & Answers ....................................................... 12
60 Oak Place, Babylon, NY 11702
(631) 587-0024 Washington Report ......................................................................................... 16
OFFICERS EMERITUS: Designated Legal Counsel ................................................................................ 22
V.M. “Butch” Speakman, Jr., President Emeritus
14212 Viola Place, Huntley , IL 60142 Benefits Directory............................................................................................ 23
Continuous Membership .................................................................................. 24
The Signalman’s Journal (ISSN-0037-5020) is published Obituaries ....................................................................................................... 26
quarterly by the Brotherhood of Railroad Signalmen
917 Shenandoah Shores Road, Front Royal, VA 22630-6418. Signalman’s Store ................................................. 34
Periodicals Postage Paid at
Front Royal, VA and additional offices. Photo Contest Winners for 1st Quarter 2021 ......... 36
POSTMASTER: Send address changes to:
The Signalman’s Journal,
The Brotherhood of Railroad Signalmen,
COVER: Replacing wire and upgrading the slide fenc-
917 Shenandoah Shores Road, Front Royal, VA 22630-6418. es in Badrock Canyon on the Hiline subdivision near
Subscription Rates: $10.00 per year, sold only in the
United States and Canada. Single copy price is $3.00.
Coram, Montana. Signalmen Charles Haupt, Local
119, and Todd Riggs, Local 87, tying in new wire
with crew helping.
Photo submitted by Chris Heaps, Jr., retired Mobile
Construction Signal Inspector and Local 87 member.
FROM THE PRESIDENT
Jerry C. Boles, BRS President
Ushering in a New Year
Dear Brothers and Sisters, and on top projects with the Northeast Corridor
As we turn the page on 2020 and usher in the new and New Jersey Transit, to name a few. Acting
year, I look forward, with hope. We stood in solidar- Administrator Bose has already reached out to my
ity and gave our all to push through as a pandemic office on numerous occasions to discuss FRA matters,
ravaged our nation and a divisive election season con- and I am hopeful, if confirmed, Signalmen and Labor
cluded. As we enter 2021, we have a vaccine to help will have an advocate for working people at the FRA.
combat the COVID-19 pandemic, and a new admin- President Biden nominated one of Labor’s own for
istration in the White House who has vowed to sup- Secretary of Labor, which would be a welcomed
port labor and include those leaders in plans for future change from the prior administration’s history of
legislation. union-busting appointees. Marty Walsh is the Mayor
I am encouraged of Boston and an active
by the early steps member of the Laborers’
President Biden has I encourage you to continue to stand in Union, Local 223, and
taken; his transition solidarity as Signalmen, Rail Labor, and the Boston Metropolitan
team has met with, Union Workers, as we face the challenges of District Council.
Building Trades
Mayor Walsh
and included, Labor 2021 with a renewed sense of Brotherhood. would be an advocate
Leaders as he appoints
key positions relevant JERRY C. BOLES — BRS PRESIDENT for expanding workers’
to the BRS and labor rights, strengthening col-
as a whole. lective bargaining, and
making good paying
Thus far, at the top of the appointee list, is Pete jobs a top priority. He knows the struggle families face
Buttigieg as the Secretary of the Department of daily, and would fight to improve life for the average
Transportation (DOT). Mr. Buttigieg has a vibrant American worker.
vision for the future of the U.S. as a leader in high-
speed rail and job creation through investments in The Surface Transportation Board (STB) also has a
infrastructure. Secretary Buttigieg was confirmed new Chairman, Martin Oberman. The STB regulates
by the Senate on February 3; since that day he has and decides disputes involving railroad rates, mergers,
engaged Labor to address concerns and find a path for- line sales, and other transportation matters.
ward for the DOT’s top priorities. Throughout the last There have been shake-ups at the National Mediation
four years, there was little priority given to investments Board and its associated agencies, as President Biden
in rail infrastructure; I am encouraged by Secretary rid them of anti-labor partisans and others who stood
Buttigieg’s early engagement on rail and labor issues. in the way of workers’ rights. Labor has implored the
With Secretary Buttigieg, I am waiting for the con- Administration to nominate a new pro-labor mem-
firmation of the Acting Administrator of the Federal ber to the NMB to fill a member’s expiring term and
Railroad Administration (FRA), Amit Bose. Mr. Bose to reappoint Linda Puchala, who has a pro-worker
has an extensive resume with experience at the FRA record. President Biden has appointed National Labor
2 The Signalman’s Journal 1st Quarter 2021
Relations Board Member Lauren McFerran as Chair As we look to the new year, let us remember this
of the agency; this as well as the the appointment quote from Henry Ford, “Coming together is a begin-
of Jennifer Abruzzo, currently Special Counsel with ning; keeping together is progress; working together is
the Communication Workers of America, as the new success.” I encourage you to continue to stand in soli-
General Counsel, are steps in the right direction. As darity as Signalmen, Rail Labor, and Union Workers,
with the previously mentioned changes, we are confi- as we face the challenges of 2021 with a renewed sense
dent this is a reflection on the Administration’s priori- of Brotherhood.
ties to give Labor a voice and strengthen the working
class in America.
Lastly, Jeffrey Freund has been appointed to serve as In Solidarity,
Director of the Department of Labor’s (DOL) Office
of Labor-Management Standards; he is very familiar
with the Railway Labor Act from his past work, and
should aim to assist labor with issues, education, and
the DOL’s regulatory issues. Jerry C. Boles — BRS President
DID
YOU
@ We may be keeping our distance,
but we are in this together.
KNOW?
The Brotherhood of
Railroad Signalmen
@ Stay Calm.
Stay Connected.
offers free email
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members and retirees. Stay Active.
Get your free BRS email account today,
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free email address.
The Signalman’s Journal 1st Quarter 2021 3
FROM THE SECRETARY-TREASURER
Mike Baldwin, BRS Secretary-Treasurer
Priority #1
Taking Care of Yourself &
Your Family During this Pandemic
As this pandemic continues to shape our everyday mental health. Beyond acknowledgment, it is even
lives, it is important to recognize the effects it has more important to take the steps to find support that
taken on our mental and emotional well-being. helps buffer against those effects when they are mak-
Simple disruptions to our everyday routines, social ing it difficult to function. It is ok not to be ok. Our
isolation, a 24-hour news cycle, and the uncertainty health & welfare plan has resources to help, and we
of what the future holds have real impacts on our encourage you to use them!
Don’t Let Life’s Challenges Derail You
We live in challenging times. To help
you navigate the challenges, we offer
24/7, confidential support as part of
your behavioral health benefits. From
day-to-day worries to bigger concerns,
help is available for whatever might be
troubling you, including:
• Stress or anxiety
• Depression
• Alcohol use
• Substance use
• Anger management
• Marital problems
United Behavioral Health services are available to you and
• Coping with grief and loss your covered family members as part of your National Railroad
• Domestic violence benefits, whether you’re enrolled in an Aetna, Highmark or
UnitedHealthcare medical plan. No matter which plan you have,
• Eating disorders remember to seek support from a behavioral health provider that’s
• Compulsive spending or gambling in the network to ensure you don’t pay more than you need to.
If you or someone you know is having suicidal thoughts, a Behavioral Health Advocate is a licensed profes-
sional who can provide caring support. Call 1-866-850-6212 anytime, day or night.
4 The Signalman’s Journal 1st Quarter 2021
Get Support from a Mental Health Professional
You can schedule an in-person appointment with a
licensed mental health professional or substance use
counselor who can listen to your concerns and help you
get back on track.
Due to COVID-19, you also have the option to
meet with a mental health or substance use provider
virtually — online or by phone. Keep in mind that
you will be responsible for your regular fixed-dollar
copayment for these services, just as you would for
an in-person office visit.
More Resources to Help Make Life a Little Easier
You and your family can also take advantage of the depression, available at no additional cost. Down-
following support to help you address life’s challenges. load it from the App Store® or on Google Play™.
Access tools and information online Get help for substance use
Find articles, self-care tools, caring providers, and Connect to a substance use recovery advocate
other mental health and substance use disorder who can help you chart a path to recovery, avail-
resources at liveandworkwell.com, available any- able 24/7. Call 1-866-850-6212.
time, day or night (access code: Railroad).
Let an Advocate be your guide
Explore ways to dial things down If you have questions, need help finding a net-
The Sanvello™ app offers expert tips to help you work provider, or wish to make an appointment,
dial down the symptoms of stress, anxiety, and contact a Behavioral Health Advocate:
1-866-850-6212
liveandworkwell.com
Access code: Railroad
Your privacy is important — That’s why we never share your personal records with your employer or any-
one else without your permission. All records are kept strictly confidential, in accordance with federal and
state laws.
The Signalman’s Journal 1st Quarter 2021 5
COORDINATED BARGAINING COALITION
NATIONAL
NEGOTIATIONS
January 22, 2021 — The Rail Unions as we move into 2021, fully cognizant that
comprising the Coordinated Bargaining it is our members who must ratify any vol-
Coalition (CBC), negotiating together untary agreement.
in the current round of National
Negotiations, have issued the following
statement: The unions comprising the Coordinated
Bargaining Coalition are: the American
The CBC and the nation’s Rail Carriers Train Dispatchers Association (ATDA);
first met concerning the November 1, the Brotherhood of Locomotive Engineers
2019, Section 6 Notices in January 2020. and Trainmen/Teamsters Rail Conference
Although the COVID 19 Pandemic has (BLET); the Brotherhood of Railroad
made meetings for groups of this size chal- Signalmen (BRS); the International
lenging, the parties continued to meet Association of Machinists (IAM); the
virtually to make presentations concern- International Brotherhood of Boilermakers
ing their proposals throughout 2020. (IBB); the National Conference of Firemen
Additional meetings have now been sched- & Oilers/SEIU (NCFO); the International
uled for early 2021. Brotherhood of Electrical Workers (IBEW);
the Transport Workers Union of America
While CBC and the Rail Carriers continue (TWU); the Transportation Communications
to share and discuss all aspects of what Union/ IAM (TCU), including TCU’s
would be necessary to reach a voluntary Brotherhood Railway Carmen Division
agreement, the Rail Carriers have not made (BRC); and the Transportation Division
any proposals worthy of consideration by of the International Association of Sheet
the membership of the CBC Unions. The Metal, Air, Rail, and Transportation Workers
parties will continue to meet in good faith (SMART–TD).
Collectively, the CBC unions represent more than 105,000 railroad workers covered by the
various organizations’ national agreements, and comprise over 80% of the workforce who
will be impacted by this round of negotiations.
6 The Signalman’s Journal 1st Quarter 2021
Transportation Labor Mourns the Loss of
TTD President Larry Willis
On November other crises head on, showing an unwavering dedication to
29, 2020, with his working people and their unions, and a deep-seated desire
wife and daugh- to help those suffering from circumstances beyond their con-
ter by his side, trol. In the aftermath of the September 11 terrorist attacks,
Transportation Larry took on the insurmountable challenge of restoring our
Trades transportation industry and balancing the security needs of
Department the country with the due process working people are entitled
(TTD) President to, successfully securing protections in our laws that lie at
Larry Willis, 53, the center of our homeland security regime. During the
succumbed to 2008 financial crisis, he played a pivotal role in shaping the
injuries sustained largest economic stimulus package for transportation invest-
on November 22 ments ever passed in the U.S. Even up until the week he left
in a tragic biking us, Larry continued to push for health care and economic
accident. assistance for those impacted by the COVID-19 pandemic
LARRY I. WILLIS and acted as a steady reminder that recovery from this crisis
TTD President Originally from
Northbrook, is not possible without the essential functions performed by
Illinois, Larry transportation workers.
lived in the Washington, D.C. area upon graduating Larry’s advocacy style was straightforward and effective: forge
from University of Iowa, returning to Chicago to attend meaningful relationships with leaders at all levels of govern-
John Marshall Law School before returning to D.C. to ment and across the political spectrum, build power through
work for the TTD. unity and find ways to work together to lift up all transpor-
TTD Secretary-Treasurer Greg Regan issues this tation workers. This approach is perhaps best exemplified in
statement of mourning and remembrance: the 2018 FAA Reauthorization bill. Under a Republican-
controlled Congress and White House, Larry’s leadership led
“We mourn today the shocking loss of a brother and fierce transportation labor to endorse one of the most pro-labor
advocate for working people. FAA reauthorization bills in U.S. history.
The transportation labor family and the entire workers’ Millions of people have had their lives improved because
rights community lost a leader, activist, mentor, and friend of the work Larry did, yet most of those people will never
when Larry Willis, President of the Transportation Trades know Larry’s name. For Larry, that didn’t matter. He was
Department, AFL-CIO (TTD), passed away yesterday. not motivated by fame or fortune – his end goal was always
For more than 20 years, Larry dedicated his life to the labor about doing the most good for the greatest number of people.
movement, working tirelessly to enhance the rights and live- Though his time with us has been cut short, Larry’s legacy
lihoods of those who work on the front lines of our transpor- will live on in the legislation he helped shape, the policy
tation system. In addition to serving as President, a position makers he reached through thoughtful, sophisticated argu-
he was elected to in 2017, Larry also served as Secretary- ments, the colleagues and staff he influenced and mentored,
Treasurer, Chief of Staff, General Counsel, and Legislative and the working people he dedicated his life to.
Counsel and Representative at TTD. His mastery of com- Larry graduated from the University of Iowa with a B.A. in
plex legal and regulatory issues set the foundation for TTD’s Political Science and earned a J.D. from the John Marshall
policy leadership and raised the bar for demanding and Law School. He was an active member of the D.C. Bar. He
enforcing worker protections throughout our nation’s trans- loved Camp Echo, biking, traveling with his wife, cheering
portation system. on his daughter at swim competitions, and playing tennis
During his tenure at TTD, Larry faced some of transporta- with his father. Larry is survived by his loving wife, Amy,
tion labor’s most daunting challenges. He met those and and beloved daughter, Samantha.”
The Signalman’s Journal 1st Quarter 2021 7
ROADWAY WORKERS FATALLY INJURED
BY TRAINS OR ON-TRACK EQUIPMENT
IN MULTIPLE TRACK TERRITORY
The Mission of the Fatality Analysis of Maintenance-of- • The risk of being struck by a train increases as the
way Employees and Signalmen (FAMES) Committee is maximum authorized speed of the track increases.
to analyze all fatalities and selected related incidents in
RECOMMENDATIONS:
order to make recommendations to reduce the risk of
future occurrences and eliminate fatalities to roadway • Do not foul a track without proper protection,
workers. including fouling the adjacent track to monitor
work being conducted.
FAMES, as of the date of this publication, has analyzed 89
individual cases, of which, 46 involved trains or on-track • Every roadway worker must understand the prede-
equipment where two or more tracks were present. Below termined place of safety, the speed of movement on
is the breakdown of the hazards and statistics pertaining to the track, protection on adjacent track (if needed)
those accidents. and any other unique conditions that could impede
your ability to detect a train.
There are unique hazards while working on or near mul-
tiple tracks that increase the risks for Roadway Workers. • Care must be taken in establishing train approach
The FAMES committee has observed the following warning for all adjacent tracks. Roadway Workers
conditions through the investigation of numerous fatal must comply with watchman's warning even if they
accidents: cannot immediately determine the approach of any
oncoming trains or on-track equipment.
• Movements of trains and on-track equipment
occurred on tracks not expected. • Do not return to work until all watchmen have
given indication that it is safe to do so.
• A watchman's warning may not be for the train you
can see and expect. • Watchman/Lookout must give full attention to the
detection of approaching trains. A watchman/look-
• Impaired vision and hearing makes it difficult to
distinguish the direction and number of movements out must:
on multiple tracks. Identify multiple movements
• Watchman/Lookouts failures. Provide distinct and timely warnings
• Fouling the track when not necessary or without on- Maintain required sight distance
track protection. Never perform other duties
Of the 46 fatalities in multiple track territory analyzed Maintain a safe position, as discussed in the on-
by FAMES, 22 accidents (47 percent) were found to track safety briefing.
occur in territories involving more than two tracks. This
is a disproportional accident ratio, when compared to For more information, see the FAMES Watchman/
the entire rail network, as multiple track territory only Lookout alert.
accounts for 13 percent of the rail network.
The FAMES Committee consists of safety representatives from
FINDINGS: a cross section of rail labor, railroad management, and federal
regulators. FAMES is a continuous improvement process that
• Over half of the accidents occurred on an adjacent
relies on the candid sharing of available data and the views of its
track where work was not occurring. participants. To enable the process, FAMES explicitly refrains
• 30 percent of accidents involved a Watchman/ from making any findings regarding whether any past or present
practice or protocol satisfies any legal duty or standard of care.
Lookout either not performing their duties or the The views, opinions, and recommendations contained in this
fatally injured was the Watchman/Lookout. report are those of the FAMES Committee and do not necessarily
represent the views, opinions, or recommendations of any specific
• In one third of the accidents, the safety briefing railroad, labor organization, or governmental agency.
failed to identify conditions or was not conducted.
8 The Signalman’s Journal 1st Quarter 2021TTD Congratulates Secretary Pete Buttigieg on his
Senate Confirmation to Lead the DOT
Following the Senate’s vote to confirm Pete Buttigieg
as Secretary of Transportation, Greg Regan, Secretary-
Treasurer of the Transportation Trades Department, AFL-
CIO (TTD), issues this statement:
“Transportation labor congratulates Pete Buttigieg on his confir-
mation as Secretary of the U.S. Department of Transportation.
The challenges we face are daunting, but with President Joe
Biden, Vice President Kamala Harris, and now Secretary
Buttigieg at the helm, we have no doubt that America can and
will build back better.
Secretary Buttigieg understands the critical role working people
play in keeping America moving and our economy strong. The
fact that he will prioritize the health, wellbeing, and safety of
frontline transportation workers, as well as investments in the
systems they build, operate, and maintain, gives us hope that we
can conquer the COVID-19 crisis and build a better future for
working people across transportation.
PETE BUTTIGIEG
We look forward to working with Secretary Buttigieg to meet the
Secretary of the
short- and long-term needs of our transportation system and the
U.S. Department of Transportation
heroic frontline workers who continue to sacrifice so much in our
time of greatest need.”
DID YOU KNOW?
TITLE 49: TRANSPORTATION
§234.209 INTERFERENCE WITH NORMAL
FUNCTIONING OF SYSTEM
2021
(a) The normal functioning of any ing operations, where the warning
STANDARD
system shall not be interfered with system is not designed to accommo- MILEAGE RATE
in testing or otherwise without first date those activities.
Effective January 1, 2021,
taking measures to provide for safety (2) Not providing alternative meth- the standard mileage rate
of highway traffic that depends on ods of maintaining safety for the set by the Internal Revenue
normal functioning of such system. highway user while testing or per- Service will be 56 cents per
(b) Interference includes, but is not forming work on the warning sys- mile. The new rate com-
limited to: tems or on track and other railroad pares to a rate of 57.5 cents
(1) Trains, locomotives or other rail- systems or structures which may per mile in 2020.
road equipment standing within the affect the integrity of the warning
system’s approach circuit, other than system.
normal train movements or switch-
The Signalman’s Journal 1st Quarter 2021 9Agreements
BOMBARDIER
SIGNAL EMPLOYEES JOIN THE BRS
After a successful organizing campaign, that started between Camden and Trenton, New Jersey. The newest
in the late summer of 2020, Signal Workers at the members of the BRS perform signal maintenance and
Bombardier Transportation Company voted, unani- construction work on the 35-mile line.
mously, to be represented by the Brotherhood of Congratulations on a successful campaign and welcome to
Railroad Signalmen on February 4, 2021. Bombardier the BRS!!
operates and maintains the River Line light-rail system
NORTHEAST ILLINOIS REGIONAL
COMMUTER RAILROAD COMPANY
After serving notice under Section 6 of hourly increases to supplemental retirement
the Railway Labor Act in February 2019, accounts, and no rule changes other than
the Northeast Illinois Regional Commuter improvements to the bereavement policy.
Railroad Company (METRA) and mem- General Chairman Kevin Lavin stated the
bers of Local 183 reached a seven-year following, “The pandemic and associated
Agreement, which was officially ratified on issues made this round of bargaining particu-
February 24, 2021. larly difficult. Despite the tough negotiations,
The contract contains a lump sum sign- our bargaining committee fought hard and in
ing bonus of $3,400, compounded annual the end, the hard working members of Local
wage increases totaling 15.39% over the 183 made their voices heard and ratified the
term of the contract, including backpay, no Agreement.”
increase in monthly health care cost sharing,
DID YOU KNOW?
TITLE 49: TRANSPORTATION
§236.71 SIGNAL WIRES ON POLE LINE AND AERIAL CABLE
Signal wire on pole line shall be securely tied in on insulator properly
fastened to crossarm or bracket supported by pole or other support. Signal
wire shall not interfere with, or be interfered by, other wires on the pole
line. Aerial cable shall be supported by messenger.
10 The Signalman’s Journal 1st Quarter 2021In Memoriam
ROBERT “BOB” D. FRANK • 1941–2021
Robert “Bob” D. Frank passed
away on January 29, 2021.
Brother Frank began his rail-
road career on the Chicago,
Burlington & Quincy Railroad
in February 1961. Brother
Frank spent many years in
Signal Maintenance, his last being a Signal Inspector
with the Burlington Northern Railroad. Brother Frank
served Local 103 in the capacity of Recording-Financial
Secretary and Local Chairman.
Most notably, Brother Frank served as General Chairman
of the Burlington Northern Railroad General Committee.
Brother Frank retired in 2000, after 40 years of dedicated
service.
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What do my dues pay for?
The Union doesn’t do
anything for me!
What good is the Union?
These are all questions we may have asked ourselves
or heard others asking. The truth is, “there is power
in a union” and it takes the dues and involvement of
all members to maintain that power, strength, and
solidarity; a fundamental involvement includes an
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The Signalman’s Journal 1st Quarter 2021 11Q
THE IMPORTANCE OF A
CURRENT CONNECTION FOR
Railroad Retirement Benefits
&A
Under the Railroad Retirement Act (RRA), a “current connection with
the railroad industry” is one of the eligibility requirements for both the
occupational disability and supplemental annuities payable by the Rail-
road Retirement Board (RRB). It is also a factor in determining whether
the RRB or the Social Security Administration pays monthly benefits to
survivors of a railroad employee.
The following questions and answers describe the current connection
requirement and the ways the requirement can be met.
How is a current connection determined the interval between the end of the last 30-month period
under the RRA? including 12 months of railroad service and the month
To meet the current connection requirement, an an employee’s annuity begins, or the month of death if
employee must generally have been credited with rail- earlier, can break a current connection, even with mini-
road service in at least 12 months of the 30 months mal earnings.
immediately preceding the month his or her railroad Self-employment in an unincorporated business will
retirement annuity begins. If the employee died before not break a current connection. However, if the busi-
retirement, railroad service in at least 12 months in the ness is incorporated the individual is considered to be an
30 months before the month of death will meet the cur- employee of the corporation, and such self-employment
rent connection requirement for the purpose of paying can break a current connection.
survivor benefits. Federal employment with the Department of
However, if an employee does not qualify on this basis, Transportation, National Transportation Safety Board,
but has 12 months of railroad service in an earlier Surface Transportation Board, National Mediation
30-month period, he or she may still meet the cur- Board, Railroad Retirement Board, or Transportation
rent connection requirement. This alternative generally Security Administration will not break a current connec-
applies if the employee did not have any regular employ- tion. State employment with the Alaska Railroad, as long
ment outside the railroad industry after the end of the as that railroad remains an entity of the State of Alaska,
last 30-month period which included 12 months of rail- will not break a current connection. Also, railroad service
road service, and before the month the annuity begins or in Canada for a Canadian railroad will neither break nor
the month of death if earlier. preserve a current connection.
Once a current connection is established at the time the
Is there an exception to these normal proce-
railroad retirement annuity begins, an employee never
loses it, no matter what kind of work is performed there- dures for determining a current connection?
after. Yes. A current connection can also be “deemed” for
purposes of a survivor or supplemental annuity if the
Can nonrailroad work before retirement break employee completed 25 years of railroad service, was
a former railroad employee’s current connec- involuntarily terminated without fault from his or her
tion? last job in the railroad industry, and did not thereafter
decline an offer of employment in the same class or craft
Yes. Full or part-time work for a nonrailroad employer in
in the railroad industry regardless of the distance to the
12 The Signalman’s Journal 1st Quarter 2021new position. (A “deemed” current connection does not tion, regardless of whether payment is made in a lump
satisfy the current connection requirement for an occu- sum or on a periodic basis.
pational disability.)
What if the buy-out agreement allows the
If all of these requirements are met, an employee may be
considered to have a “deemed” current connection, even employee to retain job rights and receive
if the employee works in regular nonrailroad employ- monthly payments until retirement age?
ment after the 30-month period and before retirement The RRB considers this type of buy-out to be a dismissal
or death. This exception to the normal current connec- allowance. When a monthly dismissal allowance is paid,
tion requirement was established by amendments to the employee retains job rights, at least until the end
the RRA and became effective October 1, 1981. It only of the period covered by the dismissal allowance. If the
covers employees still living on that date who left the rail period covered by the dismissal allowance continues up
industry on or after October 1, 1975, or who were on to the beginning date of the railroad retirement annu-
leave of absence, on furlough, or absent due to injury on ity, railroad service months would be credited to those
October 1, 1975. months. These railroad service months would provide at
least 12 railroad service months in the 30 months imme-
Would accepting a buy-out affect whether an diately before the annuity beginning date and maintain
employee could maintain a current connection a regular current connection. They will also increase the
under this exception? number of railroad service months used to calculate the
Generally, in cases where an employee has no option to railroad retirement annuity.
remain in the service of his or her railroad employer, the
Could the exception apply in cases where
termination of the employment is considered involun-
tary, regardless of whether or not the employee receives a an employee has 25 years of railroad retire-
buy-out. ment coverage and a company reorganization
results in the employee’s job being placed
However, if an employee has the choice of either accept-
under social security coverage?
ing a position in the same class or craft in the railroad
industry or termination with a buy-out, accepting the Yes. The RRB has considered the exception applicable in
buy-out is a part of his or her voluntary termination, cases where a 25-year employee’s last job in the railroad
and the employee would not maintain a current connec- industry changed from railroad retirement coverage to
tion under the exception. social security coverage and the employee had, in effect,
no choice available to remain in railroad-retirement-
An employee with 25 years of service is covered service. Such 25-year employees have been
offered a buy-out with the option of either “deemed” to have a current connection for purposes of
taking payment in a lump sum or of receiving receiving supplemental and survivor annuities.
monthly payments until retirement age. Could Where can a person get more specific infor-
the method of payment affect the employee’s mation on the current connection require-
current connection under the exception? ment?
No. The determining factor for whether the exception
More information is available on RRB.gov or by con-
applies when a buy-out is paid is whether or not the
tacting an RRB field office. It is important to know that
employee stopped working involuntarily — not the pay-
while nearly all of the RRB’s 53 field offices are physi-
ment option. The employee must always relinquish job
cally closed to the public until further notice because of
rights to accept the buy-out, regardless of whether it is
the COVID-19 virus outbreak, they remain accessible
paid in a lump sum or in monthly payments. Neither
online and by phone. Customers are encouraged to con-
payment option extends the 30-month period.
tact their local office by accessing Field Office Locator
An employee considering accepting a buy-out should at RRB.gov and clicking on Send a Secure Message at
also be aware that if he or she relinquishes job rights to the bottom of their local office’s page. Customers who
accept the buy-out, the compensation cannot be used to prefer talking to an RRB employee can call the agency’s
credit additional service months beyond the month in toll-free number (1-877-772-5772).
which the employee severed his or her employment rela-
The Signalman’s Journal 1st Quarter 2021 13BE PREPARED — PACK AN EMERGENCY KIT
Tips to Help Keep Your Health On Track!
Every home and vehicle should have an
emergency kit stocked with supplies that
could potentially save your life in case of
an emergency. You don’t necessarily need
to pack every item we’ve outlined below.
Review the various items and then decide
which supplies are important to you and
your family based on your needs and cir-
cumstances. Families with pets and seniors
need to take them into consideration as
well when creating their kit. A sudden
emergency may mean you need to survive
on your own for several days, so at a mini-
mum, you need to have food, water, and
other supplies to last at least 72 hours.
What does a basic supply kit contain?
A basic emergency kit should include the following sup- • Prescription medications.
plies. Place items in plastic airtight plastic bags or con- • Over the counter medications, such as antacids,
tainers and store them in plastic bins or duffel bags. anti-diarrhea medications, and pain relievers.
• 1 gallon of water per day per person for at least 3 • Pet food and extra water for any pets you may have.
days and a 3-day supply of non-perishable food.
• Cash or traveler’s checks.
• Flashlight, hand crank or battery-powered radio,
and extra batteries. • Spare glasses or contact lenses, and contact
lens solution.
• Whistle, so you can signal for help.
• Sleeping bags for each person or at least a warm
• First aid kit, wet wipes, garbage bags and blanket for everyone.
garbage ties.
• A change of clothes and extra pair of shoes appropri-
• Pliers or wrench. ate for whatever climate you are traveling in.
• Manual can opener. • Important papers, such as medical insurance card,
• Local area maps, as well as maps of any destination identification, and any necessary bank account
you are headed to. information.
• Cell phone with chargers and a back-up battery, • A waterproof portable container should you need to
if available. store the papers safely.
• Car battery charger cables. • Matches stored in a waterproof container.
• Portable air pump for tires. • Paper supplies, such as paper plates, cups, and
plastic utensils.
What other emergency supplies should I con- • Pen or pencil and paper and some books, games or
sider adding to my emergency kit? other activities to keep children occupied.
If your family’s needs warrant it, you may want to think
about adding some of the items to the right:
14 The Signalman’s Journal 1st Quarter 2021Do I need to do anything to maintain my Where should I keep my emergency kit?
emergency kit? You never know where you will be if an emergency
Emergency kits need to be maintained to ensure that should occur so have a prepared supply kit ready for
everything is in working order, any used supplies your home, your car, and, if applicable, your work.
have been replaced, and your individual needs haven’t • Home — The kit should be easily accessible should
changed: you need to vacate your home quickly. Make sure
• Keep an eye on expiration dates and replace items that everyone in the household (other than young
as needed. children) knows where it is located.
• Canned food should be stored in a cool, dry area. • Vehicle — Always have an emergency kit in your
car in case you become stranded.
• If your kit contains boxed food, store it in tightly
closed plastic or metal containers. • Work — Have a kit at work in case something
should happen where you may need to shelter for a
• Throughout the year assess how your family needs minimum of a 24-hour period. Include any neces-
are changing and update your kit to reflect those sities you might need for that time period and store
changes. them in an easy to access grab and go bag.
OUR
SPEAK UP
FOR
SAFE JOBS
WORKERS MEMORIAL DAY • APRIL 28
The Signalman’s Journal 1st Quarter 2021 15WASHINGTON REPORT
Under Siege from Within
&
History is Made MIKE EFAW
National
Legislative Director
Surreal! That was the word one colleague used to General of California, and most recently a U.S. Senator
describe what it was like to be in the nation’s capi- from California. We wish her well in upholding the
tal on January 6, 2021. It will be a day that will live duties of her office.
in infamy—remembered as the day a violent mob
attempted insurrection at the U.S. Capitol, the cradle Presidential Election and the 117th Congress:
of modern democracy. President Trump had been mak- The Biden/Harris Ticket won the election with an
ing unsubstantiated claims of voter fraud and that the electoral college count of 306–232, and with record
2020 election had been stolen long before election day, numbers posted in the popular vote. I am certain
in a desperate attempt to hold onto his presidency. He that President Biden is assembling a top-notch cabi-
made a call to the Georgia Secretary of State, berat- net. President Biden has tapped Boston Mayor Marty
ing him and compelling him to “find” enough votes to Walsh as the Secretary of Labor, and former Mayor of
overturn the election. He filed numerous lawsuits that South Bend, Indiana, Pete Buttigieg, as Secretary of
were all dismissed by federal judges and Supreme Court Transportation. Mayor Walsh will be the first union
Justices that he put on the bench. When those efforts member to hold the post of Labor Secretary in 50 years.
failed, he called on his supporters. He urged them to go I am excited and hopeful the 117th Congress will be
to Washington on multiple occasions prior to the rally able to produce legislation favorable to our industry and
on that fateful Wednesday. This call to action to, in his in Labor’s best interests.
words, “stop the steal” brought thousands of his sup-
porters to Washington, D.C. President Trump addressed U.S. House of Representatives
his supporters calling them to “fight like hell” shortly Democrats held onto their majority, but it narrowed
before members of the group stormed the U.S. Capitol. considerably at 221 seats. Republicans hold 211 seats,
To that end, what started out as a protest erupted into with 3 seats being vacant.
chaos and escalated into a murderous riot, leaving five
dead and numerous more injured. Members of Congress House Democrats: The House Democrats held their
and their staff were kept safe from the violent horde as leadership elections remotely on November 18, 2020.
they ran amok through the capitol building vandalizing, The following representatives were elected to leadership
desecrating, and looting the halls and offices wherever positions in the 117th Congress: Nancy Pelosi—Speaker;
they could. Steny Hoyer—Majority Leader; Jim Clyburn—Whip;
Katherine Clark—Assistant Speaker; and Hakeem
However, the insurrectionists failed. Congress was resil- Jeffries—Democratic Caucus Chairman.
ient. Shortly after authorities quelled the throng, the
election certification went forward and Joseph R. Biden, House Republicans: The House Republicans held their
Jr., was declared the winner. leadership elections on November 17, 2020. The follow-
ing representatives were elected to leadership positions
Historic! With the results of the election certified and in the 117th Congress: Kevin McCarthy—Minority
President Biden and Vice President Harris sworn into Leader; Steve Scalise—Whip; Liz Cheney—Republican
office, history was made. Vice President Harris is the Conference Chairman; Gary Palmer—Republican Policy
first female to hold the office of Vice President. She is Committee Chairman; and Tom Emmer—National
the second person of color to hold the office of Vice Republican Congressional Committee (NRCC) Chair.
President; the first was Charles Curtis, who served under
President Herbert Hoover. Vice President Harris was for- Senate: The U.S. Senate is a 50–50 tie thanks to a run-
merly the District Attorney of San Francisco, Attorney off election sweep by Democrats in Georgia. If a vote in
16 The Signalman’s Journal 1st Quarter 2021the Senate is a tie, Vice President Harris will be the tie We are expecting a lot of movement in the 117th
breaking vote. Congress. We will be keeping track of legislation that
Agency Notes: Some of the key members of the U.S. is important to Signalmen, and the interests of our
Department of Transportation (USDOT) leader- members is at the forefront of our lobbying efforts.
ship have been announced. Those of interest to us Remember to visit our website at www.brs.org and
are Marty Oberman—Chair, Surface Transportation follow us on Facebook. We will be putting legislative
Board; Amit Bose—Deputy Administrator, Federal updates out on those forums.
Railroad Administration; and Nuria Fernandez—Deputy
Administrator, Federal Transit Administration.
views of its participants. To enable the process, FAMES explicitly
refrains from making any findings regarding whether any past or
present practice or protocol satisfies any legal duty or standard
of care.
The views, opinions, and recommendations contained in this
report are those of the FAMES Committee and do not necessarily
January 31, 2021: At approximately 2:00 pm, a 60-year- represent the views, opinions, or recommendations of any specific
old male track laborer with 41 years of service was mark- railroad, labor organization, or governmental agency.
ing ties when a tamper unexpectedly
travelled forward and fatally struck
the laborer. The tamper operator,
with 28 years of service, stated he
had to drop the tamping heads to
stop the machine.
Take Away
While this recent tragedy has not
yet been analyzed, the FAMES
Committee reminds all roadway
workers to remain vigilant. Ensure
that during the on-track safety
briefing, identify if RMMs will be
present and take actions to manage
any additional risks associated with
their presence. Last, but not least,
remember to always establish clear
communication between Roadway
Maintenance Machine operators
and workers on the ground and
maintain proper clearance.
The FAMES Committee consists of safety
representatives from a cross section of
rail labor, railroad management, and fed-
eral regulators. FAMES is a continuous
improvement process that relies on the
candid sharing of available data and the
The Signalman’s Journal 1st Quarter 2021 17The U.S. Department of Transportation (DOT) has made it very easy to find union-made tires by
requiring that each tire carry a code that shows the company and the location of the plant that
manufactured the tire. DOT requires that each tire sold in the United States carry a code that looks
something like this: DOT BE XX XXX XXX. The two letters or numbers that follow the DOT identify a
particular factory as listed below.
» BE: B.F. Goodrich, Tuscaloosa, Ala. » JU, PC, UK: Goodyear, Medicine » CF: Titan Tire, Des Moines
Hat, Alberta
» BF: B.F. Goodrich, Woodburn, Ind. » JH, MN, PK: Titan Tire, Freeport,
» DA: Dunlop, Buffalo, N.Y. Ill.
» VE, YE, YU, 8B: Bridgestone/
Firestone, Des Moines, Iowa » DA, 1DA Falken Sumitomo, » B plus serial #: Titan Tire, Bryan,
Buffalo, N.Y. Ohio
» D2, E3, W1, Y7: Bridgestone/
Firestone, La Vergne, Tenn. » JN, MJ, PY: Goodyear, Topeka, » CC: Yokohama Tire, Salem, Va.
Kan.
» 2C, 4D, 5D: Bridgestone/
Firestone, Morrison, Tenn. » JE, MC, PT: Goodyear, Danville, Va.
» UP: Cooper, Findlay, Ohio » JF, MM, PJ: Kelly-Springfield,
Fayetteville, N.C.
» UT: Cooper, Texarkana, Ark.
All tires made at the above locations are made by members of the United
Steelworkers (USW). Make sure you use this easy-to-follow guide to buy union-
made tires.Early Retirement Plan Increases Maximum
T
he lifetime maximum benefit for each indi- An important consideration for individuals thinking
vidual covered under The Railroad Employees about retirement is health coverage after retirement.
National Early Retirement Major Medical The information below summarizes the eligibility
Benefit Plan (UnitedHealthcare’s Policy GA-46000) requirements under the National Early Retirement
is adjusted each year based on the medical cost com- Major Medical Benefit Plan.
ponent of the Consumer Price Index. As of January
1, 2021, this maximum will increase to $175,700.
Eligibility Rules Enrollment Is Necessary
For Age Annuitants: When you retire, your railroad will not report you to
• You apply for a 60/30 annuity for which you are UnitedHealthcare as a retiree eligible for GA-46000.
eligible: You must enroll yourself and your family with
UnitedHealthcare. You can do this in two ways:
on or after the date you reach age 60, or
• You can purchase GA-23111, Plan E supplemental
anytime during the three months before your coverage. Your eligibility for GA-46000 will be veri-
60th birthday, provided you continue working fied when your enrollment for that coverage is pro-
into, or received vacation pay during, the month cessed. ID cards for both GA-46000 and GA-23111
before the month in which you turn age 60. will be sent to you. A booklet explaining the Plan E
On the day before you apply for your annuity, you benefits and an Enrollment form can be obtained by
must be covered (other than under COBRA) under The calling UnitedHealthcare.
Railroad Employees National Health and Welfare Plan. • You can complete and return the “Retiree and
For Disability Annuitants: Dependent Information” form found in the center
of the GA-46000 employee booklet. Your eligibility
• You have a current connection with the railroad
will be verified and a GA-46000 ID card will be sent
industry.
to you. You can obtain a GA-46000 booklet from
• You have applied for a disability annuity to which your employer or union representative.
you are entitled.
• You are covered under The Railroad Employees
National Health and Welfare Plan (other than by
COBRA) on the day before the latest of the follow- If you have any questions
ing dates: about your eligibility for
The date you reach age 60, GA-46000
The date you became disabled, or or the benefits provided
The date your railroad service equals 30 years. under the Plan,
If you retire and are eligible for GA-46000, you can Call UnitedHealthcare at
also purchase supplemental coverage under GA-23111,
Plan E. Generally, Plan E pays 70% of the expenses not
paid under GA-46000 and has a lifetime maximum of
1-800-842-5252
$500,000.
The Signalman’s Journal 1st Quarter 2021 19Alcohol and Drug Testing
MINIMUM RANDOM TESTING RATES FOR 2021 REMAIN UNCHANGED
The Federal Railroad Administration (FRA) announced BRS members need to be aware that this notice sets the
the minimum random testing rates for railroad workers minimum random testing rates, and the railroads remain
in the year 2021. free under their own policies to conduct random testing
Using data from Management Information System at higher rates. The BRS reminds its members that many
annual reports, the FRA has determined that because railroads have a zero-tolerance policy when it comes to
the industry random drug testing positive rate was below reporting to work under the influence of drugs or alco-
1.0 percent for the last two years, it has determined that hol. In many cases, a positive test result will result in
the minimum annual random drug testing rate for the being placed out of service.
period January 1, 2021, through December 31, 2021,
will remain at 25 percent of covered railroad
employees. In addition, because the industry- RANDOM DRUG RANDOM ALCOHOL
DOT AGENCY TESTING RATE TESTING RATE
wide random alcohol testing violation rate has
remained below 0.5 percent for the last two Federal Motor Carrier
years, the Administrator has determined that Safety Adminstration 50% 10%
(FMCSA)
the minimum random alcohol testing rate will
Federal Aviation
remain at 10 percent of covered railroad employ- Administration (FAA)
25% 10%
ees for the period January 1, 2021, through
25% Covered Service 10% Covered Service
December 31, 2021. Federal Railroad
Administration (FRA) 50% Maintenance of Way* 10% Maintenance of Way*
On June 12, 2017, maintenance-of-way
Federal Transit
(MOW) employees became subject to FRA ran- Administration (FTA)
50% 10%
dom drug and alcohol testing. For the calendar
Pipeline and Hazardous
year 2021, the FRA has set the initial minimum Materials Safety 50% N/A
annual random testing rates for MOW employ- Administration (PHMSA)
ees at 50 percent for drugs and 10 percent for United States Coast
50% N/A
alcohol. Guard (USCG)
* Random testing for MOW employees began on 6-12-2017
NOTE: Employers (and C/TPAs) subject to more than one DOT Agency drug and alcohol testing rule may continue to combine covered employ-
ees into a single random selection pool.
Please note that USCG covered employees may be combined with DOT covered employees in drug testing pools even though the USCG is part of
the Department of Homeland Security.
DID YOU KNOW?
TITLE 49: TRANSPORTATION
§236.59 INSULATED RAIL JOINTS
Insulated rail joints shall be maintained in condition to prevent sufficient track circuit cur-
rent from flowing between the rails separated by the insulation to cause a failure of any track
circuit involved.
20 The Signalman’s Journal 1st Quarter 2021AFL-CIO NATIONAL BOYCOTTS
HOSPITALITY, FOOD
TRANSPORTATION SUBMITTED BY
& TRAVEL United Steelworkers (USW)
SUBMITTED BY UNITE HERE! ➜ Palmero Pizza
When some labor
Please support the workers in these SUBMITTED BY
hotels by continuing to boycott Bakery, Confectionery, Tobacco
Workers and Grain Millers
disputes with
the following properties:
International Union (BCTGM) businesses cannot be
➜ CALIFORNIA: Hyatt Regency Santa
Clara, Hyatt Regency Sacramento,
Hyatt Fisherman’s Wharf San
➜ Mondelez International Snack
Foods (those made in Mexico)
resolved, the AFL-CIO
Francisco, Hilton Long Beach, Le
Meridien San Diego,
LEGAL supports its affiliates
Hilton LAX—This includes
the Crowne Plaza Hotel LAX,
Yokoso Sushi Bar, the Landing
SUBMITTED BY by endorsing their
Restaurant, Century Taproom,
American Federation of State,
and the Boulevard Market Cafe. County & Municipal Employees boycotts. A boycott is
➜ SEATTLE: Grand Hyatt Seattle
➜ Gleason, Dunn, Walsh & O’Shea
an act of solidarity by
and Hyatt at Olive 8 Seattle
➜ Mcdonald, Lamond,
Canzoneri and Hickernell voluntarily abstaining
OTHER
SUBMITTED BY Farm Labor from the purchase or
Organizing Committee (FLOC)
use of a product or
➜ Reynolds American, Inc.,
Vuse e-cigarettes service.
POLICY GUIDELINE FOR ENDORSEMENT OF AFFILIATES’ BOYCOTTS
The AFL-CIO Executive Council has developed policy guidelines that regulate how the federation endorses boycotts undertaken by its affiliates.
To get AFL-CIO sanction, boycotts should be directed at primary employers.
THE GUIDELINES INCLUDE THESE PROVISIONS:
➜ All requests to the national AFL-CIO for endorsement must be made ➜ The national or international union initiating the boycott is primarily
by a national or international union. responsible for all boycott activities; the AFL-CIO will provide
supplemental support.
➜ Any affiliated union with a contract in force with the same primary
employer will be contacted by the AFL-CIO to determine whether there ➜ Boycotts will be carried on the AFL-CIO national boycott list for a
is an objection to the federation’s endorsement. period of one year, and the endorsement will expire automatically
at the end of that time. National and international unions may
➜ Affiliates will be asked to provide the AFL-CIO with background
request one-year extensions of the listings for actions where an
information on the dispute in a confidential information survey. Prior to
organizing or bargaining campaign is actively in place. ■
endorsement of the boycott, the executive officers, or their designees,
will meet with the national union’s officers, or their designees, to (These guidelines were adopted by the
discuss the union’s strategic plan and timetable for the boycott, or AFL-CIO Executive Council in April 2011.)
other appropriate tactics, and to discuss the federation’s role.You can also read
