ALL LOCAL UNIONS
SYSTEM COUNCIL NO. 2

Dear Sisters and Brothers:

On May 15, 2009, the U.S. Court of Appeals issued their Opinion and Judgment denying petition to set aside the Department of Transportation’s new direct observation drug test regulations. DOT had imposed the new rules, which require partial disrobing and display of genitalia to a same-sex observer in order to inspect for cheating devices. This in itself appeared to violate the privacy rights of the individuals who would be subjected to such tests. However, based on the agency’s reasoning that people presumably buy cheating devices and that employees subject to follow-up testing are particularly likely to cheat, the Court ultimately held that DOT did not act arbitrary or capriciously in disseminating the mandatory direct observation rule. The Court held that employees who will be subjected to these guidelines will have already intentionally violated the rule against drug use and that returning employees have placed themselves in a very different position from their coworkers.

Legislation has been recently introduced in the House of Representatives that is designed to repeal many of the new Family and Medical Leave Act (FMLA) regulations which the Bush Administration implemented at the end of its term. I will keep you updated with any follow-up information concerning this matter as I receive it.

The annual IBEW Railroad Department Conference scheduled for the dates of July 13^th and 14^th, 2009 is quickly approaching. I have recently been advised that many local unions still have not registered their attendees. If you have any questions or trouble with the registration process please contact the IBEW Railroad Department at 202-728-6035 for assistance.

The Federal Railroad Administration (FRA) has recently began holding workshops across the country as they begin to implement President Obama’s vision and initiative for developing a cohesive national intercity and high-speed passenger rail network. This vision was set forth in FRA’s Strategic Plan for High-Speed Rail (HSR) announced by President Obama, Vice President Biden, and U.S. Transportation Secretary LaHood.  These workshops are being led by the FRA Administrators office who is reaching out to the rail community in several regions across the country to seek input on the Interim Guidance required to issue on or before June 17, 2009, for the $8 billion in grant funds provided by the American Recovery and Reinvestment Act of 2009 (ARRA) for high-speed rail corridors program, intercity passenger rail grants, and congestion grants. The workshops are to enable the FRA to discuss the HSR Strategic Plan with key stakeholders such as state departments of transportation, regional planning authorities, metropolitan leaders, associations and labor groups. On behalf of the IBEW, Assistant General Chairman Don Tortorice attended the meeting for the California Corridor on May 28, 2009. On the date of May 29^th, Assistant General Chairman Randy Shell and International Representative Fernando Huerta attended the workshop for the South Central and Gulf Coast Corridor.

During the week of May 5, 2009, I met and accompanied Assistant General Chairman Telecom Dave Starkjohann to various way-side locations to gain a better understanding of the Carrier’s upcoming Positive Train Control (PTC) project. On the date of May 8^th, this office and staff, as well as IBEW Rail Department Director Bohne, attended a follow-up meeting with Union Pacific personnel and BRS representatives to further discuss implementation of PTC.

On the date of May 1, 2009, Vice Chairman Pat Perry attended a Railroad Retirement Conference in Omaha, Nebraska. On May 12^th, Brother Perry attended a Northern Region update meeting with UPRR personnel. On the date of May 13^th, AGC’s Tortorice and Shell attended arbitration concerning our outstanding disputes with UPRR docketed with Public Law Board 7001. On May 28^th, VGC Perry attended arbitration at the NRAB-Third Division to which the IBEW was included as a third party to a dispute between the UPRR and BRS. On May 19^th, this office and staff attended a Shopcraft, Clerical, and Yardmaster Union Leadership meeting with UPRR General Director Labor Relations Andrea Gansen in Omaha, Nebraska.  On May 20^th, AGC Shell held a disciplinary investigation in Houston, Texas, and on May 21^st, met with Local Chairman, Colding, LU 1829, Shreveport, LA. Throughout the month of May, this office and staff have been finalizing preparations and arrangements for the upcoming June System Council Convention.

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

 

1. RRB Information, May 2009 - “Recovery Act Providing Special Extended Unemployment Benefits”;
2. RRB Information, May 2009 – “RRB Issuing Statements of Service”;
3. RRB Job Vacancies list for May 29, 2009.

With best wishes, I am
 

Fraternally yours,

Jim Wisniski

General Chairman, SC#2