ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:


In March, the System Council Executive Board unanimously approved by referendum, the appointment of Brother Dave Banducci (Local 708) to the System Council Executive Board position recently vacated by Brother Jim Prizmich. We welcome Brother Banducci and look forward to working with him in the future.

The IBEW Rail Department has recently compiled a local union guide concerning the handling of Railroad Retirement taxes for local union officers and/or employees. This guide is to be used as reference when deducting, reporting and paying Railroad Retirement taxes for local union officers and/or employees. If your Local Union provides officer salaries, then you are required to withhold the applicable Railroad Retirement taxes. This also applies to any “lost time” reimbursed wages by the local union. Tax deductions are not required for salaries under $25.00 gross per month. Additionally, Local Union officers are considered “employees” of the local union; therefore, each local is required to withhold Federal Income tax from the salaries or reimbursed “lost time” wages as well as issue a W-2 at the end of the year. I have been informed that the IBEW Rail Department is currently compiling a guide concerning Federal Income tax withholding and reporting. It is my understanding that a complete guide will be provided to each local for their future reference.

I have recently been advised that the Office of Labor-Management Standards (OLMS) will be publishing its Semi-Annual Regulatory Agenda notice of an intended rulemaking to revise Form LM-30 (Labor Organization Officer and Employee Report). The rulemaking is intended to review questions of policy and law concerning reporting requirements and will focus on changes resulting from a 2007 regulatory revision of the Form and instructions. This revision significantly altered the old Form LM-30 and instructions which had not changed in over 40 years. Despite circulation of the new Form LM-30, fundamental questions regarding the scope and extent of the reporting obligations are unanswered and litigation challenging some aspects of the form is pending. In light of uncertainty, the pending regulatory action, pending litigation, and the approaching filing deadline, OLMS has determined that it would not bring enforcement actions based upon a failure to use a specific form to comply with the statutory obligation to report certain financial information. OLMS will refrain from initiating enforcement actions against union officers and union employees based solely on the failure to file the report required by the Labor-Management and Reporting Disclosure Act (LMRDA) using the new 2007 form, as long as individuals meet their required filing obligation in some manner. OLMS will accept either the old Form LM-30 or the new one for purposes of this non-enforcement policy. Both the old and new forms together with instructions are available at www.olms.dol.gov. Reports filed on the old Form LM-30 should follow the old instructions.

During the week of March 2^nd, the System Council staff met to discuss our 2009 agenda and the upcoming Positive Train Control (PTC) project on the Union Pacific. Federal legislation has mandated that the railroad industry install and implement PTC by the year 2015 for anywhere passenger and freight traffic operate jointly, or where poison or toxic inhalation hazardous materials are transported. This covers virtually the entire Union Pacific system. This on-going project will include the installation, servicing and maintaining of locomotive equipment as well as signal and wayside equipment within the telecommunications network. Efforts are currently underway to retrofit approximately sixty-two CBTC (PTC) equipped locomotives at the North Platte facility. Nonetheless, we are scheduled to meet with the Carrier again in April to discuss further the implementation of the project as it relates to Telecommunication, Signal and Mechanical Department employees. In anticipation of the up-coming April meeting, the System Council staff together with International Representative Jim Myers, met with BRS representatives on March 18^th to discuss the fundamentals of the project and the extent of work involved in its implementation.

During the month, the System Council began preparation with three third party dispute cases scheduled for arbitration later this year. We also have been finalizing submissions for our upcoming cases before PLB 7001 with the UPRR, scheduled for May 13, 2009. On March 3^rd, AGC Randy Shell toured the KCS facility at Shreveport, LA and later met with the officers of LU 1829. On March 11^th, VGC Pat Perry attended “New Officers” training for North Platte Local 1920, which was conducted by 11^th District International Rep John Bourne.

Please find hereto attached the following which can be disseminated and/or

 

1. RRB Labor Member Speakman’s March 2009 newsletter;
2. RRB “Scheduled Informational Conferences” March 2009;
3. RRB Job Vacancies list for March 2009;
4. Article from “Politico” concerning the EFCA;
5. Federal Register including changes to 29 CFR Parts 403 & 408 “Labor Organization Annual Financial Reports"

With best wishes, I am
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2