
TN State Legislative News
Director: Jerry Anderton
Medicare for Railroad Families
The Federal Medicare program provides hospital and medical insurance protection for railroad retirement annuitants and their families, just as it does for social security beneficiaries. Medicare has the following parts:· Medicare Part A (hospital insurance) helps cover inpatient care in hospitals and skilled nursing facilities (following a hospital stay), some home health care, and hospice care. Part A is financed through payroll taxes paid by employees and employers.· Medicare Part B (medical insurance) helps cover medically-necessary services like doctors’ services and outpatient care. Part B also helps cover some preventive services. Part B is financed by premiums paid by participants and by Federal general revenue funds.· Medicare Part C (Medicare Advantage Plans) is another way to get Medicare benefits. It combines Part A, Part B, and sometimes, Part D (prescription drug) coverage. Medicare Advantage Plans are managed by private insurance companies approved by Medicare.· Medicare Part D (Medicare prescription drug coverage) helps cover prescription drugs.The following questions and answers provide basic information on Medic are eligibility and coverage, as well as other information on the Medicare program.1. Who is eligible for Medicare?All railroad retirement beneficiaries age 65 or over and other persons who are directly or potentially eligible for railroad retirement benefits are covered by the program. Although the age requirements for some unreduced railroad retirement benefits have risen just like the social security requirements, beneficiaries are still eligible for Medicare at age 65.Coverage before age 65 is available for disabled employee annuitants who have been entitled=2 0to monthly benefits based on total disability for at least 24 months. There is no 24-month waiting period for those who have ALS (Amyotrophic Lateral Sclerosis) also known as Lou Gehrig’s disease.If entitled to monthly benefits based on an occupational disability, and the individual has been granted a disability freeze, he or she is eligible for Medicare starting with the 30th month after the freeze date or, if later, the 25th month after he or she became entitled to monthly benefits. If receiving benefits due to occupational disability and the person has not been granted a disability freeze, he or she is generally eligible for Medicare at age 65. The standards for a disability freeze determination follow social security law and are comparable to the medical criteria for granting total disability. Disabled widow(er)s under age 65, disabled surviving divorced spouses under age 65, and disabled children may also be eligible.Medicare coverage before age 65 on the basis of permanent kidney failure is also available to employee annuitants, employees who have not retired but meet certain minimum service requirements, spouses, and dependent children who suffer from permanent kidney failure requiring hemodialysis or a kidney transplant. The Social Security Administration has jurisdiction of Medicare for those eligible on the basis of permanent kidney failure. Therefore a social security office should be contacted for information on coverage for kidney disease.2. How do persons enroll in Medicare?If a retired employee or a family member is receiving a railroad retirement annuity, enrollment for both Medicare Part A and Part B is generally automatic and coverage begins when the person reaches age 65. For beneficiaries who are totally and permanently disabled, both Medicare Part A and Part B start automatically with the 30th month after the beneficiary became di sabled or, if later, the 25th month after the beneficiary became entitled to monthly benefits. Even though enrollment is automatic, an individual may decline Part B, if so desired; this does not preclude him or her from applying for Part B at a later date. Premiums may be higher if enrollment is delayed.If an individual is eligible for but not receiving an annuity, he or she should contact the nearest Railroad Retirement Board (RRB) office before attaining age 65 and apply for both Part A and Part B. (This does not mean that the individual must retire if presently working.) The best time to apply is during the 3 months before the month in which the individual reaches age 65. He or she will then have both Part A and Part B protection beginning with the month age 65 is reached. If the individual does not enroll for Part B in the 3 months before attaining age 65, he or she can enroll in the month age 65 is reached or during the next 3 months, but there will be a delay of 1 to 3 months before Part B is effective. Individuals who do not enroll during this Initial Enrollment Period may sign up in any General Enrollment Period (January 1 – March 31 each year). Coverage for such individuals begins July 1 of=2 0the year of enrollment.3. What is covered by Part A (hospital insurance) of the Original Medicare Plan, the traditional fee-for-service plan available nationwide?Medicare Part A is designed to help pay the bills when an insured person is hospitalized. The program also provides payments for required professional services in a skilled nursing facility (but not for custodial care) following a hospital stay, some home health care, and hospice care.There is a limit on how many days of hospital or skilled nursing care Medicare helps pay for in each “benefit period.” A benefit period begins the day a patient goes to a hospital or skilled nursing facility. It ends after a person has not received any hospital or skilled nursing care for 60 days in a row. There is no limit to the number of benefit periods a person can have.When a patient receives Part A benefits, he or she is billed by the hospital only for the deductible amount, any coinsurance amount and any noncovered services. The remainder of the bill from the hospital, as well as bills for services in skilled nursing facilities or home health visits, is sent to Medicare to pay its share.Benefits are ordinarily paid only for services received in the United States or Canada. Part A also covers hospital stays in Mexico under very limited conditions.4. What are the Medicare Part A deductible and coinsurance charges in 2008?For the first 60 days in a benefit period, a Medicare patient is responsible for paying a deductible, which for 2008 is the first $1,024 of all covered inpatient hospital services. The daily coinsurance charge that a Medicare beneficiary is responsible for paying for hospital care for the 61st through the 90th day is $256 in 2008. If a beneficiary uses “lifetime reserve” days, he or she is responsible for paying $512 a day for each reserve day used in 2008. Lifetime reserve days are an extra 60 hospital days a beneficiary can use if illness keeps him or her in the hospital for more than 90 days; a beneficiary has only 60 reserve days during his or her lifetime and the beneficiary decides when to use them.In addition, the daily coinsurance charge a beneficiary is responsible for paying for care in a skilled nursing facility for the 21st through the 100th day is $128 in 2008.5. What are some of the services covered by Part B (medical insurance) of the Original Medicare Plan?Part B covers physicians’ services, outpatient medical and surgical services, and many other medical and health services in and out of medical institutions. More information on specific services is available by calling 1-800-MEDICARE (1-800-633-4227) or by looking at www.medicare.gov and selecting “Find Out What Medicare Covers.”There is an annual deductible for Part B services ($135 in 2008). After the deductible is paid, Medicare will generally pay 80 percent of the approved charges for covered services during the rest of the year; the beneficiary is responsible for paying the remaining 20 percent of the cost.Claims for Part B benefi ts filed on behalf of railroad retirement beneficiaries in the Original Medicare Plan are generally handled by Palmetto GBA on a nationwide basis. Palmetto GBA is a private company that contracts with the RRB and Medicare to pay Part B claims for railroad retirement beneficiaries.Palmetto GBARailroad Medicare Part B OfficeP.O. Box 10066Augusta, GA 30999-00011-800-833-4455Part B generally does not pay for services outside the United States. There are rare emergency cases where Part B can pay for care in Canada or Mexico.6. What is the Medicare Part B premium in 2008?The standard premium is $96.40 in 2008. Monthly premiums for some beneficiaries are greater, depending on a beneficiary’s or married couple’s modified adjusted gross income. The income-related Part B premiums for 2008 are $122.20, $160.90, $199.70, or $238.40, depending on the extent to which an individual beneficiary’s income exceeds $82,000 (or a married couple’s income exceeds $164,000), with the highest premium rates only paid by b eneficiaries whose incomes are over $205,000 (or $410,000 for a married couple). The income thresholds increase annually by indexing to the Consumer Price Index. Some individuals also pay premium surcharges because they enrolled late for Part B.7. How much can Medicare Part B premiums increase for delayed enrollment?Premiums for Part B are increased 10 percent for each 12-month period the individual could have been, but was not, enrolled. However, individuals age 65 or older who wait to enroll in Part B because they have group health plan coverage based on their own or their spouse’s current employment may not have to pay higher premiums because they may be eligible for special enrollment periods. The same special enrollment period rules apply to disabled individuals, except that the group health insurance may be based on the current employment of the individual, his or her spouse, or a family member.Individuals deciding when to enroll in Medicare Part B must consider how this will affect eligibility for health insurance policies which supplement Medicare coverage. These include “Medigap” insurance and prescription drug coverage and are explained in the answers to questions 8 through 11.8. What is Medigap insurance?Many private insurance companies sell insurance to help pay for services not covered by the Original Medicare Plan. This kind of insurance is called “Medigap” for short. Policies may cover deductibles, coinsurance, copayments, health care outside the United States and more. Generally, individuals need Medicare Part A and Part B to enroll. A monthly premium is charged.When someone first enrolls in Medicare Part B at age 65 or older, he or she has a 6-month “Medigap open enrollment period.” During that time, the individual has a right to buy the Medigap policy of his or her choice regardless of any health problems. The company cannot refuse a policy or charge the individual more than all other open enrollment applicants. If an individual does not buy a policy when first eligible, the cost may go up or the desired policy may not be available.More detailed information about Medigap policies is available in the publication Choosing a Medigap Policy: A Guide to Health Insurance for People with Medicare, available by calling the Medicare toll-free number 1-800-633-4227 or going to www.medicare.gov and clicking on “Find a Medicare Publication.”9. Do Medicare beneficiaries have choices available for receiving health care services?Yes. Under the Original Medicare Plan, a beneficiary can see any doctor or provider who accepts Medicare and is accepting new Medicare patients. Or a beneficiary can choose a Medicare Advantage Plan (Part C). In limited instances, other Medicare Health Plans may be available. To find out which plans are available in an area, beneficiaries should go to www.medicare.gov and select “Search Tools” at the top of the page and then “Compare Health Plans and Medigap Policies in Your Area.” Or, they can call 1-800-633-4227.10. What is Medicare Advantage?Medicare Advantage Plans combine Medicare Part A and Part B coverage, and are available in most areas of the country. A beneficiary must have both Medicare Part A and Part B to join a Medicare Advantage Plan, and the individual must live in the plan’s service area. Medicare Advantage Plan choices include regional preferred provider organizations (PPOs), health maintenance organizations (HMO’s), private fee-for-service plans and others. A PPO is a plan under which a beneficiary uses doctors, hospitals, and providers belonging to a network; beneficiaries can use doctors, hospitals, and providers outside the network for an additional cost. Under a Medicare Advantage Plan, a beneficiary may pay lower copayments and receive extra benefits. Most plans also include Medicare prescription drug coverage (Part D).For those in a Medicare Advantage Plan, information on out-of-pocket cost is available by calling 1-800-633-4227 or by going to www.medicare.gov, selecting “Se arch Tools” and then “Compare Health Plans and Medigap Policies in Your Area.”11. How do Medicare prescription drug plans work?Medicare offers voluntary insurance coverage for prescription drugs through Medicare prescription drug plans and other health plan options.Medicare contracts with private companies to offer beneficiaries prescription drug coverage. These companies offer a variety of options, with different covered prescriptions, and different costs. Beneficiaries pay a monthly premium, a yearly deductible and part of the cost of prescriptions. Those with limited income and resources may qualify for help in paying some prescription drug costs.Medicare prescription drug plans are voluntary. To enroll, individuals must have Medicare Part A and/or Part B. Beneficiaries can join during the period that starts 3 months before Medicare coverage starts and ends 3 months after the first month of Medicare coverage. There may be a higher premium if an individual doesn’t join a Medicare drug plan when first eligible, and he or she does not have other prescription drug coverage that, on average, covers at least as much as standard Medicare prescription drug coverage. In most cases, there is no automatic enrollment to get a Medicare prescription drug plan. Individuals enrolled in Medicare Advantage Plans will generally get their prescription drug coverage through their plan.More information about Medicare prescription drug plans is availab le in the publication Your Guide to Medicare Drug Coverage. The Medicare and You handbook lists the Medicare prescription drug plans available in a beneficiary’s area. Free personalized information is available online or by calling the Medicare toll-free number. Free personalized counseling is also available from the local State Health Insurance Assistance Program (SHIP) and other local and community-based organizations.
For Publication ; March 2008
Benefits Under Railroad Retirement and Social Security
Employers and employees covered by the Railroad Retirement Act pay higher retirement taxes than those covered by the Social Security Act, so that railroad retirement benefits remain higher than social security benefits, especially for career employees.
The following questions and answers show the differences in railroad retirement and social security benefits payable at the close of the fiscal year ending September 30, 2007. It also shows the differences in age requirements and payroll taxes under the two systems.
1. How do the average monthly railroad retirement and social security benefits paid to retired employees and spouses compare?
The average age annuity being paid by the Railroad Retirement Board (RRB) at the end of fiscal year 2007 to career rail employees was $2,405 a month, and for all retired rail employees the average was $1,890. The average age retirement benefit being paid under social security was over $1,050 a month. Spouse benefits averaged $710 a month under railroad retirement compared to $505 under social security.
The Railroad Retirement Act also provides supplemental railroad retirement annuities of between $23 and $43 a month, which are payable to employees who retire directly from the rail industry with 25 or more years of service.
2. Are the benefits awarded to recent retirees generally greater than the benefits payable to those who retired years ago?
Yes, because recent awards are based on higher average earnings. Age annuities awarded to career railroad employees retiring at the end of fiscal year 2007 averaged over $3,005 a month while monthly benefits awarded to workers retiring at full retirement age under social security averaged nearly $1,400. If spouse benefits are added, the combined benefits for the employee and spouse would approximate $4,200 under railroad retirement coverage, compared to $2,100 under social security. Adding a supplemental annuity to the railroad family’s benefit increases average total benefits for current career rail retirees to over $4,235 a month.
3. How much are the disability benefits currently awarded?
Disabled railroad workers retiring directly from the railroad industry at the end of fiscal year 2007 were awarded $2,590 a month on the average while awards for disabled workers under social security averaged about $1,035.
While both the Railroad Retirement and Social Security Acts provide benefits to workers who are totally disabled for any regular work, the Railroad Retirement Act also provides disability benefits specifically for career employees who are disabled for work in their regular railroad occupation. Career employees may be eligible for such an occupational disability annuity at age 60 with 10 years of service, or at any age with 20 years of service.
4. Can railroaders receive benefits at earlier ages than workers under social security?
Railroad employees with 30 or more years of creditable service are eligible for regular annuities based on age and service the first full month they are age 60, and rail employees with less than 30 years of creditable service are eligible for regular annuities based on age and service the first full month they are age 62.
No early retirement reduction applies if a rail employee retires at age 60 or older with 30 years of service and his or her retirement is after 2001, or if the employee retired before 2002 at age 62 or older with 30 years of service.
Early retirement reductions are otherwise applied to annuities awarded before full retirement age—the age at which an employee can receive full benefits with no reduction for early retirement. This ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later, the same as under social security.
Under social security, a worker cannot begin receiving retirement benefits based on age until age 62, regardless of how long he or she worked, and social security retirement benefits are reduced for retirement prior to full retirement age regardless of years of coverage.
5. Does social security offer any benefits that are not available under railroad retirement?
Social security does pay certain types of benefits that are not available under railroad retirement. For example, social security provides children’s benefits when an employee is disabled, retired or deceased. Under current law, the Railroad Retirement Act only provides children’s benefits if the employee is deceased.
However, the Railroad Retirement Act includes a special minimum guaranty provision which ensures that railroad families will not receive less in monthly benefits than they would have if railroad earnings were covered by social security rather than railroad retirement laws. This guaranty is intended to cover situations in which one or more members of a family would otherwise be eligible for a type of social security benefit that is not provided under the Railroad Retirement Act. Therefore, if a retired rail employee has children who would otherwise be eligible for a benefit under social security, the employee’s annuity can be increased to reflect what social security would pay the famil y.
6. How much are monthly benefits for survivors under railroad retirement and social security?
Survivor benefits are generally higher if payable by the RRB rather than social security. At the end of fiscal year 2007, the average annuity being paid to all aged and disabled widow(er)s averaged $1,165 a month, compared to $995 under social security.
Benefits awarded by the RRB at the end of fiscal year 2007 to aged and disabled widow(er)s of railroaders averaged more than $1,545 a month, compared to $820 under social security.
The annuities being paid at the end of fiscal year 2007 to widowed mothers/fathers averaged $1,470 a month and children’s annuities averaged $855, compared to $760 and $685 a month for widowed mothers/fathers and children, respectively, under social security.
Those awarded at the end of fiscal year 2007 averaged $1,590 a month for widowed mothers/fathers and $1,180 a month for children under railroad retirement, compared to $735 and $680 for widowed mothers/fathers and children, respectively, under social security.
7. How do railroad retirement and social security lump-sum death benefit provisions differ?
Both the railroad retirement and social security systems provide a lump-sum death benefit. The railroad retirement lump-sum benefit is generally payable only if survivor annuities are not immediately due upon an employee’s death. The social security lump-sum benefit may be payable regardless of whether monthly benefits are also due. Both railroad retirement and social security provide a lump-sum benefit of $255. However, if a railroad employee completed 10 years of creditable railroad service before 1975, the average railroad retirement lump-sum benefit payable is $960. Also, if an employee had less than 10 years of service, but had at least 5 years of such service af ter 1995, he or she would have to have had an insured status under social security law (counting both railroad retirement and social security credits) in order for the $255 lump-sum benefit to be payable.
The social security lump sum is generally only payable to the widow or widower living with the employee at the time of death. Under railroad retirement, if the employee had 10 years of service before 1975, and was not survived by a living-with widow or widower, the lump sum may be paid to the funeral home or the payer of the funeral expenses.
The railroad retirement system also provides, under certain conditions, a residual lump-sum death benefit which ensures that a railroad family receives at least as much in benefits as the employee paid in railroad retirement taxes before 1975. This benefit is, in effect, a refund of an employee’s pre-1975 railroad retirement taxes, after subtraction of any benefits previously paid on the basis of the employee’s service. This death benefit is seldom payable.
8. How do railroad retirement and social security payroll taxes compare?
Railroad retirement payroll taxes, like railroad retirement benefits, are calculated on a two-tier basis. Rail employees and employers pay tier I taxes at the same rate as social security taxes,
7.65 percent, consisting of 6.20 percent for retirement on earnings up to $102,000 in 2008 and
1.45 percent for Medicare hospital insurance on all earnings.In addition, rail employees and employers both pay tier II taxes which are used to finance railroad retirement benefit payments over and above social security levels.
In 2008, the tier II tax rate on employees is 3.90 percent and on rail employers it is 12.10 percent on employee earnings up to $75,900.
9. How much are regular railroad retirement taxes for an employee earning $102,000 in 2008 compared to social security taxes?
The maximum amount of regular railroad retirement taxes that an employee earning $102,000 can pay in 2008 is $10,763.10, compared to $7,803 under social security. For railroad employers, the maximum annual regular retirement taxes on an employee earning $102,000 are $16,986.90 compared to $7,803 under social security. Employees earning over $102,000, and their employers, will pay more in retirement taxes than the above amounts because the Medicare hospital insurance tax of
1.45 percent is applied to all earnings.
A NEW YEAR, A NEW START
Brothers and Sisters:
The membership of our union spoke through their delegates last August and chose a new team to lead us forward in these challenging times for labor unions.
We accept that challenge and pledge today -- as we pledged in August -- to move the United Transportation Union forward with the sole objective of protecting member jobs and improving wages, benefits and working conditions.
We pledge also to make this union all-inclusive, which means encouraging full and open debate and respecting all viewpoints as we strive for consensus decision making.
We take office during an especially difficult time. Strong anti-union forces exist in the White House and control many of the regulatory agencies that make rulings affecting workplace issues.
Similarly strong anti-union forces retain influence in Congress, where our friends have only a razor-thin majority in the Senate. The carriers have been emboldened by these forces, which makes contract negotiation and grievance resolution time-consuming and extremely difficult.
Within our union, we face a difficult task related to a merger with the Sheet Metal Workers, whose implementation was temporarily halted by a federal court on the grounds that crucial information was withheld from the UTU membership.
That merger was a shotgun wedding, and regardless of what was said or done in previous months, the fact is -- as validated by a federal court -- that members did not have sufficient information to make an informed decision. In fact, it was revealed that some of the representations made to the membership were incorrect or distorted.
Shotgun weddings make for good movie comedy, but have no place in the real world of union mergers. As Dear Abby has always counseled, "If a marriage is right for the right reasons, and is one that can and will endure, the marriage can wait until next week, next month or next year."
It is time for the UTU membership to determine if we want and need a merger. Any merger proposed should be governed by conditions acceptable and beneficial to our members, as well as to the other union and its members.
To do this, it is appropriate to hold old-fashioned shoot-outs that bring the principals of all potential partners to various locations and allow the membership to question them. A union merger should not be negotiated in secret and sprung on the membership with a ballot attached.
So let’s catch our breath.
The UTU is financially solvent, and changes are underway to improve further our financial stability.
Moreover, we possess one of the most loyal, hardworking, diverse and union-knowledgeable memberships in North America, which means we have a lot to offer a potential partner. That partner similarly should have a lot to offer the UTU.
We will have more to say about this in the weeks ahead, and urge you to stay informed by going to www.utu.org on a daily basis, and signing up on the Web site for e-mail alerts.
We take very seriously your confidence in our ability to lead. We also take very seriously any advice you choose to offer, because a successful trade union requires checks and balances in the same manner as government and private-sector firms.
Let us hear from you, and thank you again for the confidence you have placed in our leadership abilities, as well as the confidence you exhibited in all the UTU officers you elected during the August 2007 convention.
In solidarity,
Mike Futhey, International President
President@utu.org
Arty Martin , Assistant President
AsstPres@utu.org
Kim Thompson, General Secretary & Treasurer
GST@utu.org
AS CONGRESS WINDS DOWN
By Brokenrail
As Congress hustles toward its year-end adjournment Dec. 21, lawmakers will be struggling to move as much legislation as they are able through what is a very fractured Congress -- fractured not only along party lines, but within within the two major political parties.
So-called Blue Dogs, or conservative Democrats, are not following their Democratic leadership in lockstep; and many Republicans are putting space between themselves and the Bush administration. It is not an environment conducive to productivity, much less the compromise traditionally required to gain passage of legislation.
Considered essential legislation to be passed before year-end is an omnibus appropriations bill for federal agencies, such as the National Mediation Board and Amtrak. The budgets for these agencies expired Sept. 30, and they have been operating on what is called a continuing resolution, which continues the previous fiscal year’s budget levels to keep the agencies from shutting down.
The failure of Congress to pass new spending bills is what has halted the operation of public law boards. There remains the unpleasant possibility that Congress will merely pass another continuing resolution for the NMB and Amtrak into early 2008 if Congress cannot agree on new spending bills before year's end. That could mean more time-outs for the NMB public law boards.
As for Amtrak, conservative Republicans can be expected to insert last-minute provisions into any new Amtrak’s budget bill to hamper its future. On the other side are Republicans, such as Sen. Kay Bailey Hutchison (R-Texas), who has spoken out in support of a national intercity rail passenger network that "connects other routes to each other. If we actually had done better by Amtrak all these years, we would require fewer subsidies" today, Hutchison said on the Senate floor.
Meanwhile, the Amtrak Presidential Emergency Board, which is making recommendations for contract settlements affecting eight Amtrak unions, is separate from the budget process. But if the sides cannot agree and there is a strike, Congress will be asked to pass back-to-work legislation, which could mirror the recommendations of the PEB. The UTU and the SMWIA are not party to the PEB. We continue in negotiations with Amtrak management.
Other legislation we are following includes the already House-passed Federal Railroad Safety Improvement Act, H.R. 2095.
That bill guarantees 10 hours undisturbed rest, provides one 24-hour off-duty period every seven days, limits limbo time to a maximum of 10 hours monthly, strengthens whistleblower protection, improves employee training, increases investments in safe operation, and boosts the number of federal safety inspectors.
The Senate has a separate rail safety bill -- the Railroad Safety Enhancement Act, S. 1889 -- that was approved unanimously by the Senate Commerce Committee, but which still hasn’t reached the Senate floor. Even if passed by the entire Senate, the House and Senate versions would have to be sorted out in a House-Senate conference with the final measure sent back to the respective chambers for another vote. Thus, a safety bill cannot be expected to be finalized until next spring.
One bill the UTU has been working hard to kill is the railroads’ investment tax credit -- a $400 million subsidy for one of the most profitable industries in America. We made clear to the railroads that so long as they refuse to honor their commitment to address service scale tied to training, we would continue to block their investment tax bill. We keep our promises and are confident the bill will see no daylight so long as we continue our opposition.
We continue to push for legislation righting the wrong affecting bus members whose jobs require the prerequisite of a commercial driver’s license (CDL). Our objective is to reverse a current situation that puts a CDL in peril if the driver is ticketed for an offense involving their personal automobile.
"HILLARY IN '08," PLEDGES SMART
LAS VEGAS -- Hillary Rodham Clinton for president is a SMART choice.
Indeed, when Sheet Metal Workers International Association General President Mike Sullivan delivered to Hillary the SMWIA endorsement here Saturday morning, Nov. 17, he put the SMWIA on the same page as the UTU, meaning that when the two organizations officially merge on Jan. 1, the 230,000-member International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers will be solidly in the Hillary-for-president camp.
Clinton stood beside Sullivan, other SMWIA officers, and UTU International President Paul Thompson and UTU National Legislative Director James Brunkenhoefer as Sullivan made the endorsement before some 500 SMWIA -- and future SMART -- members and their families. Most were clad in golden ‘Hillary 2008’ t-shirts at SMWIA Local 88’s union hall here.
"Senator Hillary Clinton, we proudly endorse your candidacy for election to the nation’s highest office," Sullivan told her. "Under your leadership, we will benefit as individuals, as communities of common interest and as one nation under God and with liberty and justice for all."
Clinton responded to Sullivan: "We will stand together to rebuild the middle class and make sure that America's families are no longer invisible to the President of the United States."
Brunkenhoefer said the SMART endorsement holds "significant and far-reaching benefits to each of our members and the crafts we represent."
The UTU in August was the first labor organization to support Clinton, and she responded with written assurances that when she is sworn in as president on Jan. 20, 2009, the UTU (soon to be the transportation division of SMART) will be a partner in her administration.
In delivering the SMWIA endorsement, Sullivan said, "Hillary Clinton has the strength and experience to bring about the change SMART members and America’s working families need.
"Those of us in the labor movement have endured great hardship over the past seven years in representing the interests of our respective members, as well as carrying the torch for all working persons and their families," Sullivan said. "Hillary Clinton understands our issues. She knows the importance of sound policies and programs and will deal fairly and intelligently in addressing the energy crisis, fair trade, quality and affordable health care, funding collect and technical education and training, as well as protecting retirement security."
Sullivan pledged to back Clinton’s campaign with SMART’s human and financial resources. "SMART’s combined membership will work tirelessly to get the vote out in the primaries and then in the general election. Every member will be asked to contribute voluntarily to our respective political action funds to help get our message across," Sullivan said.
The SMWIA Local 88 union hall here is one of almost 200 training facilities and union halls that will become available to UTU locals following the merger.
Following the UTU endorsement in August, Clinton said in a letter to UTU members:
* Amtrak, commuter rail and public transportation should be well funded.
* There should be a fair way of keeping a commercial driver’s license.
* Labor protections at both the Department of Labor and the Surface Transportation Board should be strengthened.
* Railroad Retirement and the Federal Employers' Liability Act (FELA) will be supported by her administration.
* All UTU members should be trained in safety and security.
* It is important that UTU members should not be abandoned on trains (limbo time) at the conclusion of their runs, or should be required to report to work fatigued.
Clinton also said she "supports" the UTU in its national contract negotiations with the railroads, "particularly on issues such as entry rates and training, and if the need should arise that a Presidential Emergency Board is required, it should be balanced and fair and not ignore the needs of UTU members.
"I promise UTU members that at noon, Jan. 20, 2009, they will once again have a friend and a champion at 1600 Pennsylvania Avenue," Clinton wrote the UTU members.
BROTHERS AND SISTERS;
HOME RUN ON RAIL SAFETY
WASHINGTON, D.C. -- House Republicans and Democrats reasoned and voted together Oct. 17 to give the Federal Railroad Safety Improvement Act, H.R. 2095, veto-proof majority approval -- 377-38. Now it is up to the Senate.
The House bill is intended to transform America’s railroads from a rolling and deadly pyrotechnics show by eliminating employee fatigue, improving employee training, increasing investments in safe operation, and boosting federal safety inspections.
"Railroads have been thumbing their noses at public safety, national security and their workers' well-being, and now a bi-partisan super majority in the House has shoved that arrogant thumb back up the railroads’ egos," said UTU International President Paul Thompson.
UTU National Legislative Director James Brunkenhoefer said, "Lawmakers are not going into an election year seen as lackeys to a railroad industry that places record profits ahead of employee and public safety. The bill’s supporters have put themselves on record that they want every railroader to return home to their family in one piece."
Mike Sullivan, who on Jan. 1 becomes general president of the International
Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers --
which joins the UTU with the Sheet Metal Workers International Association --
called passage of H.R. 2095 "the first of many legislative and bargaining
victories we anticipate by combining resources and energies to benefit each of
our 230,000 active members."
.
Among its provisions, H.R. 2095 would:
* Reduce limbo time to a maximum of 10 hours monthly, virtually eliminating it;
* Guarantee 10 hours undisturbed rest, and one 24-hour off-duty period every seven days;
* Strengthen whistleblower protections and permit conductors to refuse to authorize use of unsafe or hazardous equipment;
* Require certification of conductors;
* Establish minimum and uniform training standards, and periodic retraining;
* Mandate installation of positive train control by 2014;
* Require mainline switch monitors in dark territory;
* Require an almost doubling of FRA safety inspectors -- from 421 to 800 -- by 2011;
* Require a study of cab ergonomics and require emergency breathing apparatus in all cabs;
* Put an end to harassment and intimidation of workers who report personal injuries;
* Require prompt medical treatment of injured employees;
* Increase civil penalties for safety violations;
* Require that rail safety inspections performed in Mexico meet the same standards as those performed in the U.S.
* Change the name of the Federal Railroad Administration to the Federal Railroad Safety Administration, and require the agency to concentrate all its resources on safety.
Brunkenhoefer, who led the House lobbying effort on behalf of labor, said, "This House victory shows what happens when members want something and work hard by making the phone calls and sending the e-mails to ensure its achievement. Member efforts, which include UTU PAC contributions, were a crucial element of this victory," Brunkenhoefer said.
H.R. 2095 was introduced by Rep. Jim Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure Committee.
In the Senate, the Railroad Safety Enhancement Act, S. 1889, introduced by Sen. Frank Lautenberg (D-N.J.), chairman of the Surface Transportation Subcommittee, awaits Senate floor action after being unanimously approved by the Senate Commerce Committee.