Author: NCFO SEIU 32BJ

TTD in the News:

Food Supply Problems Pinned on Railroad ‘Negligence,’ Layoffs

Bloomberg Government
(Also published in Bloomberg Law, Bloomberg Environment and Bloomberg BNA)
Lillianna Byington
April 12, 2022

Labor unions are blaming freight railroad operators for cutting employees to streamline operations, contributing to rail delays and straining the nation’s food and energy supply chains.

Worker shortages caused by layoffs have hurt the U.S. economy by delaying freight rail shippers, the Transportation Trades Department, AFL-CIO told the Surface Transportation Board rail regulator in a letter released Tuesday. It specifically called out grain companies’ concerns about disruption on tracks operated by Union Pacific Corp., Burlington Northern Santa Fe, and Norfolk Southern Corp.

Rail labor unions, along with agriculture and energy shippers, say precision-scheduled railroading has allowed for leaner operations, but at the expense of job cuts and service problems. PSR is a strategy used by railroads to streamline their operations by adjusting their scheduling and using fewer rail cars.

SERVICE DISRUPTIONS

Politico Morning Pro
Alex Daugherty
April 12, 2022

SERVICE DISRUPTIONS: A new letter from the AFL-CIO’s Transportation Trades Department to the Surface Transportation Board argues that feed and grain shippers are being hurt by freight rail carriers who are unable to complete shipments due to staffing issues.

“The notion that our nation’s food supply chain is threatened by the continued negligence and intransigence of the railroad industry is both stunning and unacceptable,” TTD president Greg Regan wrote to the STB. “It is clear that a lack of oversight has allowed Class I railroads to operate in a manner that is harmful to shippers, employees, and the American public, and these issues will not resolve out of self-regulation by the carriers. We urge the Board to continue to delve into the service issues faced by shippers, and how these issues have been caused or exacerbated by an overly reduced workforce, T&E and otherwise.”

Aviation:

Your next American Airlines flight could be on a bus

The Washington Post
Nathan Diller
April 11, 2022

American Airlines is launching a partnership to provide travelers with connections between airports … by bus.

Beginning June 3, transportation company Landline will connect Philadelphia International Airport, one of American’s hubs, to Lehigh Valley International Airport (ABE) and Atlantic City International Airport (ACY). Tickets for those trips with Landline service will be available starting today.

“Our partnership with Landline is one more way we’re making it easy for customers to connect to American’s premier trans-Atlantic gateway in Philadelphia,” Brian Znotins, American’s vice president of network planning, said in a news release from the airline. “Customers can start and end their journey at their local airport, relax on a comfortable Landline vehicle, and leave the driving to someone else while they work or start their vacation early.”

Can ‘Buses-As-Flights’ Get Americans Out of Cars — And Planes?

Streetsblog
Kea Wilson
April 11, 2022

U.S. airlines are beginning to contract with bus companies to run on-the-ground “flights” between nearby cities — and advocates are suggesting that the intercity bus should no longer be ignored in the conversation about curbing car and plane dependency.

American Airlines sparked a curious mix of applause and outrage on Twitter last week when it was announced it would join the growing industry trend of replacing short-leg flights with “on-the-ground” alternatives — or, to be more precise, good old-fashioned buses and shuttles.

Tickets for those so-called “buses-as-flights” will be sold exactly as if they were connecting flights, through sites like Kayak and airlines’ own websites, and passengers and their luggage will be ferried directly from their homes to the airport — or, in some cases, directly from terminal to terminal — on buses branded to resemble American’s off-the-ground fleet.

EU ends airline exemption for cargo in passenger cabin

American Shipper
Eric Kulisch
April 12, 2022

European aviation regulators said Monday they won’t extend a safety exemption allowing airlines to carry critical supplies in the passenger cabin to make up for capacity lost when the pandemic closed down most commercial flights.

“The logistical challenges that arose in 2020 as a result of the COVID-19 crisis no longer exist to the same extent,” the European Union Aviation Safety Agency (EASA) said in a notice. The permission for cabin cargo expires July 31.

EASA was one of the first civil aviation authorities to exempt airlines from requirements to submit a supplemental type certificate for proposed structural modifications or changes to the approved use of aircraft systems. A large number of airlines repurposed a portion of their grounded fleets for dedicated cargo-only flights to take advantage of high demand and rates. An early driver of passenger-freighters was the urgent need for COVID medical supplies and protective equipment.

Transit:

Shoot the Whole Day Down: Subway Riders Don’t Like Mondays

Streetsblog
Dave Colon
April 11, 2022

Everybody’s working for the (long) weekend.

New transit data show that the Big Apple is more like the Big Garfield, with a population that simply hates Mondays. Subway ridership stats from October through March show that weekday subway ridership on Mondays was roughly 7 percent lower than it was for Tuesdays through Fridays (discounting holidays that fell on Mondays or other days of the week).

The numbers? The average on a Monday is 2,815,166 million rides over the six month period. The per day average for non-Mondays was 3,026,371 million.

The four-day weekend pattern reflects the new reality of hybrid work schedules, where employees must be at their actual brick-and-mortar job site only twice or thrice per week.

Rail:

Rails and regulators battle publicly over service issues

Freightwaves
Joanna Marsh
April 12, 2022

The spring meeting of the North East Association of Rail Shippers (NEARS) saw three Class I railroads seeking to persuade rail shippers and other stakeholders that they are working hard to improve rail service.

For instance, the Class I railroads all told rail shippers that they are taking aggressive steps to increase their ranks of train and engine crews so that they have the capacity to meet demand. Absences due to the COVID-19 pandemic exacerbated service issues, they said at the gathering last week in Baltimore.

The Surface Transportation Board doesn’t appear convinced. At the same time this meeting was underway, the STB announced that it will conduct a two-day public hearing in late April to gather testimony not only from the railroads but other stakeholders, including shippers and even unions, over whether deteriorating rail service stems from deeper issues related to precision scheduled railroading (PSR), an approach that seeks to streamline operations.

U.S. lawmakers hear pros, cons of STB regulation

Progressive Railroading
Julie Sneider
April 2022

The U.S. House Subcommittee on Railroads, Pipelines and Hazardous Materials held a hearing March 8 to collect stakeholder input on the Surface Transportation Board’s (STB) role in regulating the freight-rail industry.

The proceeding was held as the subcommittee’s members prepare for STB reauthorization legislation, subcommittee Chair Donald Payne Jr. (D-N.J.) said in prepared remarks.

Speakers included House Transportation and Infrastructure Committee Chairman Peter DeFazio (D-Ore.) and representatives from Amtrak and the freight-rail industry, such as rail shippers, associations and unions.

Amtrak makes $3.3B grant request for FY2023

Progressive Railroading
April 11, 2022

Amtrak is seeking $3.3 billion in total grant funding for fiscal-year 2023, as part of the national intercity passenger railroad’s annual appropriation request from Congress.

With the recent enactment of the Infrastructure Investment and Jobs Act (IIJA), Amtrak is entering a new era with a historic level of federal investment for capital projects and “a clear plan to transform and grow our business,” Amtrak President and CEO Stephen Gardner said April 8 in a statement after submitting to Congress the railroad’s general and legislative annual report.

Transportation:

Low-Carbon Fuel Standards Hit Snags Beyond West Coast States

Bloomberg Law
Zach Bright
April 12, 2022

A low-carbon fuel standard to cut vehicle emissions is moving ahead in Washington state but running into roadblocks elsewhere, leading some experts and opponents to pin blame on what they called a flawed policy.

Washington’s nearly $17 billion transportation plan (S.B.5974) signed March 25 makes it the third state—after Oregon and California—to implement a low-carbon fuel standard. Starting next year, fuel producers can earn credits for meeting steadily stricter carbon reduction targets, a policy that exceeds the national Renewable Fuel Standard with a wider array of gasoline and diesel beyond biofuels.

It’s the tool of choice advocates have pushed for in multiple states, seeking to lower greenhouse gas emissions and tackle climate change.

Ports and Maritime:

West Coast port labor talks carry high stakes for economy, midterms

Politico
Eleanor Mueller
April 11, 2022

More than 22,000 unionized workers at nearly 30 ports along the West Coast are set to begin renegotiating their contract next month against the backdrop of an already imperiled supply chain, a historically tight labor market and looming midterm elections.

The whirlwind of economic and political factors significantly ups the stakes for the talks, which take place every six years and have in the past stalled traffic at the busiest ports in the U.S. The Biden administration plans to keep close tabs on the talks — and intervene immediately should a breakdown appear imminent.

Washington State Ferries in need of new recruits

King 5 News
Chris Daniels
April 11, 2022

A March 8 report from the ferry system states staff shortages are “unprecedented” in the ferry system’s 70-year history.

Officials with Washington State Ferries acknowledge it is short staffed and in need of dozens of new recruits.

“It’s not good, quite honestly. We don’t have enough people to sail the vessels right now,” Washington State Ferry spokesman Ian Sterling said on Monday as he stood outside the Seattle Maritime Academy. “We need to hire, train, and get people out on the water.”

Workers and Unions:

Congrats! You formed a union. Now comes the hard part.

Vox
Rani Molla
April 12, 2022

Union membership in the US has been in decline for decades, but there’s recently been a potential shift. Seventeen corporate Starbucks locations in the US have voted to form a union since the end of last year, and another 170 or so are slated to vote in the coming weeks and months — all in an industry where unionizing is rare. And in early April, workers at a Staten Island Amazon warehouse also voted for a union, making them the first to organize in a company known for quashing organizing. These successful votes are historic, and they’re an optimistic sign for unions in America.

But while the hard-won union votes might be the most cinematic part, it’s not the end of the story. The lengthy and difficult process of negotiating a contract that benefits workers has only just begun — and its conclusion is far from certain.

Automation:

Tesla fans struggle to get loved ones on board with ‘full self-driving

CNN
Matt McFarland
April 11, 2022

Frugal Tesla Guy, a YouTube personality focused on Tesla, gives his passengers a speech to prepare them before he turns on “full self-driving.”

“I need you to understand that I have complete and total control. I’m behind the wheel. I have access to the brake, the accelerator and the steering wheel. Anytime it does something that I don’t feel is safe, I will take control of the car,” he says.

But the reassurances haven’t eased his wife’s concerns. She says the technology is often jarring and anxiety-inducing.

“If I’m reading, that’s when I’m like, ‘Oh good grief,’” Sadie Krueger told CNN Business. “It would be jerky or swerve just out of the blue. You’re like, ‘Whoa, are you drunk?’”

Amazon Drone Crashes Hit Jeff Bezos’ Delivery Dreams

Bloomberg
Spencer Soper and Matt Day
April 10, 2022

Jeff Bezos went on 60 Minutes in 2013 and pledged to fill the skies with a fleet of delivery drones that could zip parcels to customers’ homes in 30 minutes. Asked when this future would arrive, the Amazon.com Inc. founder said he expected drone deliveries to commence in the next five years or thereabouts.

Almost a decade later, despite spending more than $2 billion and assembling a team of more than 1,000 people around the world, Amazon is a long way from launching a drone delivery service.

A Bloomberg investigation based on internal documents, government reports and interviews with 13 current and former employees reveals a program beset by technical challenges, high turnover and safety concerns. A serious crash in June prompted federal regulators to question the drone’s airworthiness because multiple safety features failed and the machine careened out of control, causing a brush fire. While experimental aircraft are expected to crash during test flights, current and former employees say pressure to get the program back on track has prompted some managers to take unnecessary risks that have put personnel in harm’s way.

Amazon is still struggling to make drone deliveries work

The Verge
Emma Roth
April 11, 2022

A report from Bloomberg details the obstacles hampering Amazon’s efforts to get its delivery drone program off the ground, citing a high employee turnover rate and potential safety risks.

According to Bloomberg, there were five crashes over the course of a four-month period at the company’s testing site in Pendleton, Oregon. A crash in May took place after a drone lost its propeller, but Bloomberg says Amazon cleaned up the wreckage before the Federal Aviation Administration could investigate. Amazon spokesperson Av Zammit disputed this, saying that Amazon followed orders it received from the National Transportation Safety Board (NTSB) to document the event and move the drone.

USPS:

DeJoy says USPS will expedite midterm ballots, holds firm on electric trucks

The Washington Post
Jacob Bogage
April 12, 2022

Had the U.S. Postal Service incrementally made improvements over the years, Postmaster General Louis DeJoy says, Americans wouldn’t know who runs their mail agency. And DeJoy, the controversial leader of the mail service, wouldn’t be making “uncomfortable” changes at the Postal Service to make it fit for evolving consumer habits.

But when DeJoy, a former supply-chain logistics executive and conservative political donor, took over the Postal Service in June 2020, the agency was in dire shape. The coronavirus pandemic was on the verge of sidelining much of its workforce. Its complex transportation network was misaligned, a cardinal sin in DeJoy’s logistics world. The postal chief’s changes to fix what he saw as fundamental flaws cascaded into a mail-delay crisis before the 2020 presidential election that made DeJoy a household name.

Infrastructure:

Congress aims for next step to safeguard critical infrastructure

Roll Call
Gopal Ratnam
April 12, 2022

Lawmakers are looking to boost the U.S. government’s ability to safeguard from devastating cyberattacks on vital infrastructure sectors such as water supplies, electric utilities and pipeline operators.

The effort comes on the heels of a new law Congress passed as part of the fiscal 2022 omnibus spending bill that requires operators of critical infrastructure to report any cyberattacks they suffer to the Cybersecurity and Infrastructure Security Agency.

“How do we continue to mature the way the government engages with critical infrastructure – particularly those entities that are the most critical of the critical?” Rep. Yvette D. Clarke, D-N.Y., chairwoman of the subcommittee on Cybersecurity, Infrastructure Protection and Innovation of the House Homeland Security Committee said at a recent hearing.

Transportation Trades Department, AFL-CIO
www.ttd.org

NCFO MEMBERS: “UNION BUSTING IS HAPPENING IN LOUISVILLE”

Union members of the National Conference of Firemen & Oilers, SEIU 32BJ, spoke to members of the media this morning to spotlight their employer’s attempt to break their union.  Over the past few weeks, their employer, AAK, has used the services of two consultants in order to “survey” the union workforce.  The company gave these consultants access to members while they are on the clock, and many of them are concerned that the employer may have given them access to their personnel files.

The unidentified strangers told some members they were there to address safety concerns.

“We believe we were lied to about why these people were here. They told some people they were here because of all the Human Resources complaints, and they even told some they were here from the government,” said James Bodenstadt, a union steward and 12-year employee of AAK.

After the strange accounts from members at AAK’s K1 and K2 facility, union staff investigated to find the true identity and purpose of their visit.  Using a phone number provided by a union member, union staff spoke with the consultants about their firm and the services they offer.  The consultant firm, MGMT consultants, advertises employee relations on their website.  By phone, a man who identified himself as the CEO of MGMT consultants explained their services in detail. 

“When I asked them what they did and verified their identity I spoke to a man who said he was the CEO of MGMT Consulting Group. He told me they go in, meet with employees and try to find someone who is disgruntled with the union and then they get them to sign other employees a decertification petition,” said Sam Elliott, the NCFO staff who lead the investigation.

Through the investigation, the union was able to acquire a sample invoice from MGMT Consulting listing their hourly rate at $400 per hour.  

“I have been working there [at AAK] for almost 20 years, trying to provide for my family in these tough economic times, and I find it unbelievable that the company I help make their money spent so much effort and money to keep guys from organizing and utilizing their union rights.” said Rod Boller, a union steward at AAK.

“This is what I want people to know – union busters are real and they’re lying to people in these meetings about the real reason they are there.  These people would not – they outright refused – to give me their full name or their business card.  I believe that’s because they really didn’t want us to know they were here to bust our union up,” said Terry Ralston, union steward at AAK’s K1 facility. 

Sen. Morgan McGarvey spoke alongside workers this morning.  He highlighted the urgent need to pass legislation, the PRO Act.  The Protecting the Right to Organize Act is legislation which would expand the protections related to employee’s right to organize and collectively bargain in the workplace. 

National Conference of Firemen & Oilers, SEIU 32BJ represents 3,000 members in the city of Louisville who work at distilleries, chemical processing, racetracks, and JCPS.

Rail Labor’s largest coalition reaches dead end on path to voluntary agreement

The Coordinated Bargaining Coalition (CBC) released the following statement on January 24, 2022:

After more than two years of bargaining with the major U.S. Class 1 railroads, discussions completely stalled last week. Accordingly, pursuant to the terms and conditions of the Railway Labor Act, top leaders of 10 rail unions applied to the National Mediation Board (NMB) for the assignment of a federal mediator to assist in our negotiations.

The Carriers represented by the National Carriers’ Conference Committee (NCCC) simply are not bargaining in good faith. This development is very frustrating, as the Unions in the Coordinated Bargaining Coalition have been at the negotiating table since November 2019. Throughout that time, despite our best efforts, the carriers have not made a comprehensive settlement proposal that we believe our members would even remotely entertain. In fact, the Carriers’ latest proposal is worse than bad faith; it is insulting.

After carrying our nation through the Pandemic, and as the carriers have posted record breaking profit margins due to their implementation of so-called “Precision Scheduled Railroading” practices, our members have earned, and rightfully expect a substantial contract settlement that recognizes the sacrifices they and their families make each day. Instead, the Carriers continue to push proposals that fail to even catch up to the cost of living. From the beginning of this round of negotiations, the CBC has adamantly refused to accept any type of concessionary agreement. Instead, the railroads continue to demand extreme changes to our members’ current benefits and attempt to unilaterally impose work rule changes that would further erode our members’ already taxed standard of living.

We anticipate that the involvement of the NMB will cause the industry to refocus on addressing the legitimate needs of the men and women whose labor generates their positive financial returns. In an effort to bring all affected members up to speed, the CBC’s latest proposal can be found at:

Coordinated Bargaining Coalition (PDF)

Additional information will be provided as developments warrant. We appreciate your continuing support, and we look forward to working with the NMB to reach a settlement that we can be proud of.

The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (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.

The National Conference of Firemen & Oilers, SEIU 32BJ welcomes Amit Bose as the new FRA Administrator.

The U.S. Department of Transportation announced on Thursday, January 13, 2022 that Amit Bose has been confirmed as the 15th Administrator of the Federal Railroad Administration (FRA). Nominated by President Biden on April 22, 2021, Mr. Bose, who was previously serving as Deputy Administrator, was confirmed by the U.S. Senate on January 12, 2022. He is the first person of South-Asian descent to lead FRA.

“The NCFO applauds the confirmation of Amit Bose to lead the FRA. His distinguished career at the New Jersey Transit and his leadership experience with the FRA across two administrations made him the ideal candidate for the job. We are confident that he will exceed expectations in his new role. His confirmation is timely as we need allies like him during the implementation of the historic Bipartisan Infrastructure Law, which includes the largest investment in passenger rail in decades. The NCFO looks forward to his administration making a positive impact on our members and partners in rail labor.”

NCFO President Dean Devita & Secretary Treasurer Robert Smith

The NCFO is an affiliate of 32BJ SEIU,the Service Employees International Union, which has 2.1 million members dedicated to raising industry standards, making life better for working families and our communities, and building a fair economy.

The National Conference of Firemen & Oilers, SEIU 32BJ issues a statement regarding the devastation in south-central and mid-west states caused by tornadoes on Friday night.

“The NCFO would like to send our sincere condolences to the hundreds of thousands of families suffering due to the severe property damage, extended power outages, and loss of loved ones caused by the historic tornado outbreak that destroyed homes and businesses across Arkansas, Illinois, Kentucky, Mississippi, Missouri and Tennessee. Starting around 7:00 PM on Friday evening, 36 tornadoes wreaked havoc in the area for 9½ hours into the Saturday morning. With as many as 90 total lives lost and a death toll still rising, western Kentucky was the hardest hit with a third of the tornadoes spanning over 200 ruinous miles and killing upwards of 80 people in that state alone.

As rescue efforts continue to save lives and recover from damage while over 74,000 customers are still without power, we are heartbroken over the loss from this unusual tragedy. We all share in the sorrow with love, support, and kindness for all victims and their friends and family. Please keep them in your thoughts and prayers.”

— NCFO President Dean Devita & Secretary Treasurer Robert Smith

The NCFO is an affiliate of 32BJ SEIU, the Service Employees International Union, which has 2.1 million members dedicated to raising industry standards, making life better for working families and our communities, and building a fair economy.

Craig Greengberg came over to NCFO Chapter 320 in Louisville, KY as soon as her heard that we endorsed him. Pictured left to right: 320 President Tony Lee, 320 VP Jamie Kinder, 320 Political Committee Member Chris Laird, Louisville Mayoral Candidate Craig Greenberg, 320 Political Committee Member Terry Ralston, 320 Political Committee Member Greg Bass, 320 Political Committee Member Damon Lanier, 320 Political Committee Member Don Vest.

The NCFO announced today that we are endorsing Craig Greenberg in the Democratic Primary for Louisville Mayor. Members of our endorsement committee made the choice after thoroughly reviewing candidate questionnaires.

“Greenberg is the right choice for us because his plan includes a seat at the table for organized labor,” said Damon Lanier, Louisville Metro Housing Authority employee. “He seems eager, responsive, and most importantly, willing to be held accountable to labor. That’s why he earned our support.”

“I have family and friends who grew up in the West End of Louisville, and a lot of my coworkers at Housing Authority have ties to the West End, so for me his work on the West End Opportunity Partnership really affected my decision,” said Chris Laird, Louisville Metro Housing Authority employee.

“I pick winners every day, so I know Craig is the way to go!” said Don Vest, Chapter 541 President and Parimutuel Clerk at Churchill Downs since 1971.

The National Conference of Firemen & Oilers District of Local 32BJ/SEIU is a labor union which proudly celebrates over 100 years of service, both on and off the job, to thousands of workers and their families. Our organization’s members can be found working in a variety of occupational fields among both private and public employers throughout the United States. In Louisville, we represent 2,000 hardworking residents including JCPS custodians, Zoeller Pump, Cardinal Aluminum, AAK, and private sector factory workers. In the public sector, we represent 98 Louisville Metro Housing Authority Maintenance staff and 600 custodial staff for Jefferson County Public Schools.

“I am honored to have the support and trust of the hard-working individuals of NCFO SEIU and will not let them down,” Greenberg said. “I’ve assured them that, as with all members of organized labor, they will not only have a strong voice in my administration but a bigger voice in our city.”

The NCFO’s support reflects confidence in Greenberg’s ability to enact reforms for good government, transparency, and commitment to work with organized labor to build and strengthen our local economy.

The RUIA provides for payment of unemployment insurance (UI) benefits to eligible employees for days of unemployment and for the payment of sickness insurance (SI) benefits for days of sickness. Provided below are some frequently asked questions regarding those situations in which an employer’s vaccine mandate has adversely affected an employment situation. Please note that the answers to these questions are based on the assumption that the employee meets all necessary eligibility requirements. Instructions on filing for benefits are provided following the questions and answers.

Suspended or Furloughed Due to Rules Violations

1. Q: If my employer furloughs me, am I eligible to receive UI benefits under the RUIA?

    A: Yes. An employee furloughed by his employer is eligible for UI benefits.

2. Q: If my employer offers me the option to go on voluntary furlough, will I be eligible to receive UI benefits under the RUIA?

    A: No. In order to be eligible for UI benefits, an employee must not have left work voluntarily.

3. Q: I have been furloughed, suspended or terminated because I refused to comply with my employer’s vaccine mandate. Am I eligible for UI benefits?

    A: Yes. In this case, the employee has not voluntarily left work and may be eligible for UI benefits.

4. Q: If I was disciplined for failure to comply with my employer’s vaccine mandate before being suspended or terminated, does it affect my eligibility for UI benefits?

    A: No. Having been disciplined for not complying with an employer’s vaccine mandate will not prevent eligibility for UI benefits.

5. Q: I attempted to comply with my carrier’s vaccine mandate, but failed to meet the deadline due to the 14-day waiting period following the final dose and have consequently been furloughed or suspended. Am I eligible for UI benefits?

    A: Yes. The employee may be eligible for UI benefits since (s)he did not voluntarily leave work.

6. Q: What if I have the option to accept a voluntary furlough under a negotiated agreement with my rail employer and rail union?

    A: If your employer and union have negotiated a special COVID-19 relief plan that you are eligible to join that delineates rights of furloughed employees, you may be eligible for UI benefits.

7. Q: How does the RRB determine whether employees will be eligible for UI under a negotiated plan?

    A: The RRB will consider an employee to be eligible for UI while the employee is furloughed under a negotiated plan if the negotiated plan is the only alternative to an employer-imposed furlough. In other words, where an employee chooses to participate in a COVID-19 negotiated plan that includes a period of furlough, rather than be subject to an employer-imposed furlough, the furlough under the negotiated plan will be considered to be an involuntary furlough for purposes of determining eligibility for UI benefits. Whether a negotiated plan may allow for UI eligibility for employees is fact-specific and determined by the RRB. If you are involved in negotiating a plan and would like to submit it for review, please send it to: [email protected]. Please remember, even if a negotiated plan may allow for UI benefits, the employee must still meet all other eligibility requirements for UI benefits, including not using any paid vacation days or personal days for the period claimed.

Religious and Other Accommodations

8. Q: If I have requested a religious or moral accommodation request from my carrier and have been placed on unpaid leave of absence, am I eligible for UI benefits?

    A: Yes. The employee in this case has not voluntarily left employment and may be eligible for UI benefits.

9. Q: What if I have requested religious or moral accommodation request from my carrier and have been placed on paid leave, am I still eligible for UI benefits?

    A: No. If an employee is getting full paid leave from his/her employer, the employee is ineligible for RUIA benefits. However, if the employer is paying benefits under an approved supplemental plan, the employee may still be eligible for RUIA benefits. See your employer’s HR representative if you are unsure if your paid leave is from an approved supplemental plan.

10. Q: I have been placed on an unpaid leave after being granted a medical accommodation request from my employer, but I have no medical evidence of an inability to work. Am I eligible for SI benefits?

       A: No. An employee must provide medical evidence of inability to work from an accepted medical provider to be eligible for SI benefits. In this case, the employee should apply for UI benefits.

11. Q: My employer denied my request for religious or moral accommodation from the vaccine mandate and as a result, I have been suspended or furloughed. Am I still eligible for UI benefits?

      A: Yes. In this case, the employee has not voluntarily left employment and may be eligible for UI benefits.

12. Q: My employer denied my request for medical accommodation request from the vaccine mandate and as a result, I have been suspended or furloughed. Am I still eligible for UI benefits?

       A: Yes. The employee has not voluntarily left employment and may be eligible for UI benefits. However, if the employee is or becomes unable to work due to a diagnosed medical issue, the employee instead becomes eligible for SI benefits. An employee must provide medical evidence of inability to work from an accepted medical provider to be eligible for SI benefits.

13. Q: If I decide to self-quarantine due to concerns about possible exposure to COVID-19, but am not experiencing any symptoms and have not been told by my employer to refrain from reporting for work, am I eligible for UI benefits?

       A: No. Among the eligibility requirements for UI benefits, an employee must be available for work. An employee who opts to self-quarantine is not available for work. However if the employee later becomes unable to work due to a diagnosed medical issue, the employee may then be eligible for SI benefits. An employee must provide medical evidence of inability to work from an accepted medical provider to be eligible for SI benefits.

Medical Leave/Medical Diagnosis

14. Q: If I test positive for COVID-19 am I eligible for SI benefits?

       A: Yes. If you test positive for COVID-19, you are eligible for SI benefits. Documentation of the positive test should be submitted with your SI application/claim and SI benefits will be payable until your doctor releases you to return to work.

15. Q: If my employer instructs me to quarantine and not to report for work due to exposure or possible exposure to COVID-19, will I be eligible for benefits?

       A: Yes. An employee who is quarantined is not available for work, and therefore not eligible for UI. However, if due to exposure or potential exposure to COVID-19, the employee is instructed to quarantine, the employee would be eligible for SI benefits. A copy of the instruction from the employer will serve as proof of the medical restriction. If the employee does not have a copy of the instruction from his/her employer, or if the instruction was not written, the employee may submit a completed RRB Form G-93 describing the direction received from the employer.

16. Q: If I report for work but am sent home by my employer because of possible exposure to COVID-19 through a coworker, but I am experiencing no symptoms, will I be eligible for benefits?

       A: Yes. See the answer to Question 15.

17. Q: If I am experiencing symptoms of COVID-19 and I am subject to instructions from a health care provider or public health official to quarantine, am I eligible for SI benefits during the period of the quarantine?

       A: Yes. An employee unable to work due to sickness is eligible for SI benefits. A copy of the quarantine instruction will be acceptable proof. If the employee does not have a copy of the instruction, or if the instruction was not written, the employee may submit a completed RRB Form G-93 describing his or her symptoms, and the instruction. The completed RRB Form G-93 will only be sufficient proof for one claim period. After the initial claim period, the employee will need to provide a copy of the quarantine instruction.

Filing Applications/Claims for Benefits during the National Emergency due to the COVID-19 Virus

• Railroad employees should sign up for online access through myRRB at RRB.gov. Employees can file for unemployment benefits as well as complete claims for both sickness and unemployment benefits online.
  • Employees can create a myRRB account by visiting https://rrb.gov/Benefits/myRRB and clicking on the button labeled “Sign in with LOGIN.GOV”.
    • Establishing a myRRB account gives workers a head start in the event that RRB unemployment or sickness benefits are needed by railroad workers in the case of carrier furloughs or illness. A myRRB account permits users to have instant access to: Apply for unemployment benefits, claim unemployment benefits, view Railroad Unemployment Insurance Act account info, claim sickness benefits, and view service and compensation.
    • The following information is needed to create a myRRB account through login.gov:
      • A current, state-issued ID;
      • An email address;
      • Enabling two-step authentication;
      • Providing basic information such as name, address, and phone number;
      • Social Security Number (SSN);
      • Address verification.
    • Once the user’s personal information is verified, login.gov will provide a personal key that will be needed to gain access and make changes to the account. This key should be written down and stored in a safe place.
• Employees who need to apply for sickness benefits can print the necessary forms. The Application for Sickness Benefits (Form SI-1a) must be submitted with the first claim. In lieu of the Statement of Sickness (Form SI-1b), employees may submit a copy of the quarantine instruction or a completed RRB Form G-93 describing the quarantine instruction. The documents should be mailed as directed below, or as noted, may also be faxed.
  • If mailed, the completed forms should be mailed to:

U.S. Railroad Retirement Board
PO Box 10695
Chicago, IL 60610-0695

• Due to the unique circumstances we are faced with, the RRB will accept sickness applications via fax, which will be reviewed on Tuesdays and Thursdays. The fax number is: 312-751-7185.

*****IMPORTANT NOTE******

Employees who are filing or claiming via paper forms through the mail and are experiencing significant delays should contact the RRB by phone at 877-772-5772 or by using the public e-mail address [email protected]. Please note: Do not include personally identifiable information, such as an SSN, as this e-mail box is not secure.

House passes historic $1.2 Trillion infrastructure bill

The National Conference of Firemen & Oilers applauds the House of Representatives on the passing of the H.R. 3684 Infrastructure Investment and Jobs Act. In a 228-206 vote on Friday night where 6 Democrats voted against and 13 Republicans voted in favor, the House hands Biden a major legislative victory within his first year in office.

The bipartisan bill may be a triumph for the President, but it is a huge win for all Americans. The spending package would provide $550 billion of new federal investments in bridges and roads, as well as energy systems and mass transit programs. It would create a program aimed at building and repairing bridges in rural communities, and one to expand internet connectivity in Tribal and rural communities. It would further provide funding to protect water systems, particularly in low-income communities. This bill will create millions of union jobs and improve the lives of working families across the country.

NCFO President Dean Devita stated, “This is the largest significant investment in transportation in 60 years. Especially for Amtrak, freight and commuter railroads. This action will finally kick the door down for investment into high-speed rail.”

We are grateful for the leadership from our President and the resolve of our Congress members to get this bill passed, and we look forward to working with our political partners on the implementation of this historic infrastructure deal.

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The NCFO is an affiliate of 32BJ SEIU, the Service Employees International Union, which has 2.1 million members dedicated to raising industry standards, making life better for working families and our communities, and building a fair economy.

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NCFO ENDORSES MURPHY FOR GOVERNOR

MURPHY HAD THE BACKS OF THE NCFO MEMBERS AT NJT; THE NCFO HAS HIS BACK!

The National Conference of Firemen & Oilers, 32BJ, SEIU (NCFO) is proudly endorsing Phil Murphy for Governor of the State of New Jersey.
We have had an opportunity to observe Murphy’s service as Governor of the State of New Jersey and Governor Murphy’s commitment and loyalty to the state, communities and citizens is undeniable.

“NCFO members must remember that it was Governor Murphy who has invested in New Jersey Transit, it was Governor Murphy who stood by our side concerning the Federal Employees Liability Act and it was Governor Murphy who just recently agreed to terms on a new collective bargaining agreement with the NCFO, it’s time for the NCFO members to vote for a true friend.”

– NCFO President Dean Devita

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“In such unprecedented times, New Jersey is in immediate need of a representative that exudes strong, principled leadership. I’m confident in his leadership to both protect and improve the lives of working families in the great State of New Jersey.”

– NCFO New Jersey Transit Chapter President Darren Lionakis

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Ultimately, our endorsement was acquired from our shared values of the working class and unions. We’re pleased to endorse a candidate who will partner with us to fight for quality and affordable healthcare, consumer rights, government, environmental standards, education, infrastructure and transportation.

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The NCFO is an affiliate of 32BJ SEIU, the Service Employees International Union, which has 2.1 million members dedicated to raising industry standards, making life better for working families and our communities, and building a fair economy.

An arbitrator has rejected the railroad industry’s attempt to utilize a never-before-used contract clause imposed by Congress 30 years ago to reduce the healthcare networks available to over 250,000 railroad workers and family members on the National Healthcare Plan for Railroad Employees. The decision is a major victory for railroad workers covered by national agreement health care plans, as their bargained-for right to choose their own medical network remains intact.

In early July of 2020, just over eight months after the current round of national bargaining had begun, the carriers’ representative — the National Railway Labor Conference (NRLC) — proposed reconfiguring the National Plan’s network structure in a way that would force many railroad worker into the cheapest area medical network immediately and then on a continual 3- to 5-year schedule without formal bargaining. 

The Cooperating Railway Labor Organizations (CRLO), which is the Rail Labor umbrella group that oversees plan administration in concert with the NRLC, rejected the proposal, stating that this was an issue for negotiations and pointing out that the carriers had made an identical proposal at the bargaining table. In late July, the NRLC demanded that the Unions agree to the proposal, and threatened to use the binding deadlock neutral process found in the 1991 National Agreement settlement to resolve the dispute.

This threat led the 12 Unions to file suit against the nation’s Class I railroad carriers in the United States District Court for the District of Columbia, asking the court to force the carriers to bargain in good faith with the unions over mandatory subjects of bargaining, such as their network structure proposal. The carriers’ defense was that this was a “minor” dispute under the Railway Labor Act, as it involved an administrative matter under the National Plan and, therefore, could be resolved by the “deadlock neutral” process that was included in national agreements for all unions that were imposed by Congress — and signed into law by President George H. W. Bush — in order to stop a national strike in 1991.

At an August 31, 2021 hearing before a Special Board of Adjustment chaired by Arbitrator Joshua M. Javits, the Unions documented the history of health care network development in the railroad industry, showing that the carriers’ proposal was anything but administrative in nature. They also showed the adverse impact the proposal would have on over a quarter million plan participants. The carriers countered that no “right to choose” existed in any national agreement, and that the deadlock neutral had the authority to decide the matter if the parties couldn’t agree.

In upholding the Unions’ position on the key question of network choice, Chairman Javits’ October 20 Award found

“that the Carriers’ proposal – in as far as it relates to the selection of network vendors – is an administrative matter. However, those elements of the Carriers’ proposal that reduce choice for Plan participants and result in only a single network vendor being available to Plan participants, constitutes a change in Plan design and, thus, is outside the deadlock neutral’s jurisdiction.”

The leaders of the prevailing Unions issued the following statement concerning this decision:

“This is a significant victory for the men and women covered by the national plans, and for their families. The carriers have been dragging their feet at the bargaining table while this dispute wound its way through the system. All the while, our members — essential employees, one and all — have continued to keep the country moving despite the Pandemic.

To the carriers, whose profits continued to flow in unabated, we say ‘The time for delay is over. Your workers have earned and deserve a new national agreement, one that reflects their true contribution to your bottom line.’ We remain ready to negotiate that agreement, and urge you to devote as much energy to that task as you invested in your failed effort to deprive your workers of their choice of medical networks.”

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The unions involved in the dispute are: the American Train Dispatchers Association; the Brotherhood of Locomotive Engineers and Trainmen; the Brotherhood of Maintenance of Way Employes; the Brotherhood of Railroad Signalmen; the International Association of Machinists and Aerospace Workers; the International Association of Sheet Metal, Air, Rail and Transportation Workers, Mechanical Division; the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division; the International Brotherhood of Boilermakers; the International Brotherhood of Electrical Workers; the National Conference of Fireman & Oilers District, Local 32BJ, SEIU; the Transportation Communications Union/IAM; and the Transport Workers Union.