ORSL Inquiry

Robbie:
As you note in the SSI Instruction below, "all speeds are subject to modification by speed restrictions indicated under individual subdivision special instructions". The speed of trains over 80 TOB on the Seligman Subdivision is the "individual subdivision special instruction " that modifies the speed shown in the SSI. A 16,000 ton grain train would have over 80 TOB and therefore is 55 mph at the locations identified in Item 1(D) Speed – Other, Note there are additional speed restrictions in Item 1(D) for WWD Freight trains between Kingman and Topock.
Prior to merger, former Santa Fe was working on making the railroad a two speed railroad (70 and 55). Following merger and with signal system going to 4 signal aspects, this became a reality. You may be thinking about the old instructions that required trains over 90 TOB to operate at 45 mph. The other Subdivisions you mention do not have the grade conditions found on the Seligman Sub so the instruction stating "includes trains 100 TOB and over" covers the operation on those Subdivisions. As you know, the Seligman Subdivision is one of the most unique on the railroad and requires more specific instructions. Again, those instructions are outlined in the timetable and supersede the SSI. The SSI instruction requiring trains over 100 TOB to operate at 45 mph is an old BN instruction and still applicable on some portions of the former BN. The railroad you operate on is a two speed railroad. The only restrictions to 45 speed are grade conditions or car kind specific.
K. McReynolds
Supt Operating Practices
_____________________________________________ From: Cunningham, Michael R Sent: Wednesday, January 28, 2009 5:17 AM To: McReynolds, Kevin C Cc: 'jjohnson316@cableone.net'; 'jrjohnnyb@yahoo.com'; 'harpo@citilink.net' Subject: SSI 100 TOB
Kevin,
I have seen your previous email about the speed restrictions for trains up to and over 100 TOB. In the examples you gave you did not adress a train such as a 16,000 ton grain train that is over 100 TOB. I do realize that on the Seligman Sub any westbound train over 80 TOB is 55 mph. The SSI gives a more restrictive speed for trains over 100 TOB. The problem I am seeing here is the fact that the only thing that is said in the Seligman Sub timetable about trains over 100 TOB is for solid doublestack trains. On the Gallup, El Paso, Clovis and Coronado subs there is a line that states "including trains 100 TOB and over". Why has this line been included in all of the other subdivisions and excluded from the Seligman Sub? If this line were to be added to the Seligman Sub I believe it would take care of all the confusion.
Thank You,
Robby Cunningham
In the individual division timetables, the number at the bottom of the schedule column entitled "Miles to Next Station" indicates total miles on the subdivision.
1. Speed Restrictions
All speeds are subject to modification by speed restrictions indicated under individual subdivision special instructions.
Passenger trains will be governed by freight train speed if passenger train speed is not specified under individual subdivision special instructions.
All trains consisting entirely of passenger equipment as well as locomotives without cars (light engines) will be considered passenger trains and may operate at passenger speeds where provided. This includes Amtrak, commuter trains, business cars and passenger equipment modified to serve as track inspection, track geometry or similar test cars. Refer to 1(B) regarding maximum authorized speed of engines (locomotives).
Unless defined differently in the individual subdivision special instruction, tons per operative brake (TOB) is defined as the gross trailing tonnage of the train divided by the total number of control valves.
Maximum Speeds Permitted
Freight trains up to 100 TOB.................................................60 MPH.
Trains 100 TOB and over......................................................45 MPH.
Trains handling empty cars...................................................55 MPH.
Exceptions:
1. Passenger/commuter equipment.
2. Empty articulated double stack equipment.
3. Empty coal trains may operate at a maximum authorized
speed of 60 MPH if train list indicates no speed
restricted equipment in train.
4. AutoMax Cars. (Refer to 1(C) regarding empty intermodal
Gallup Sub
1. Speed Regulations
1(A). Speed—Maximum
Passenger Freight
Includes trains 100 TOB and over
MP 0.0 to MP 10.1 ................................................................ 55 MPH*.
MP 27.4 to MP 58.7 ........................................ 90 MPH. ...... 55 MPH*.
MP 58.7 to MP 128.8, Main 2 .......................... 79 MPH. ...... 55 MPH*.
MP 58.7 to MP 85.9, Main 1 ............................ 79 MPH. ...... 55 MPH*.
MP 85.9 to MP 128.8, Main 1, WWD ............... 79 MPH. ...... 55 MPH*.
MP 85.9 to MP 128.8, Main 1, EWD ................ 90 MPH. ...... 55 MPH*.
MP 128.8 to 157.6, Main 2, WWD ................... 90 MPH. ...... 55 MPH*.
MP 128.8 to MP 157.6, Main 2, EWD .............. 79 MPH. ...... 55 MPH*.
MP 128.8 to MP 157.6, Main 1 ........................ 79 MPH. ...... 55 MPH*.
MP 157.6 to MP 284.5 .................................... 90 MPH. ...... 55 MPH*.
El Paso Sub
1. Speed Regulations
1(A). Speed—Maximum
Freight
MP 915.0 to MP 923.7, including trains over 100 TOB ............... 55 MPH.
MP 923.7 to MP 932.4, including trains over 100 TOB ............... 49 MPH.
MP 934.4 to MP 1155.1, including trains over 100 TOB ............. 49 MPH.
Coronado Sub
1. Speed Regulations
1(A). Speed—Maximum
Freight
MP 0.0 to MP 0.7 ........................................................................ 30 MPH.
MP 0.7 to MP 42.5, including trains 100 TOB and over .............. 49 MPH.
MP 42.5 to MP 44.0 .................................................................... 15 MPH.
MP 44.0 through dumper .............................................................. 2 MPH.
MP 44.5 to MP 45.4 .................................................................... 15 MPH.
West leg of wye at Platt ............................................................. 30 MPH.
Clovis Sub
1. Speed Regulations
1(A). Speed—Maximum
Freight
MP 655.7 to MP 897.6, including trains 100 TOB and over ........ 55 MPH.
(EXCEPTION: 35 MPH for westward trains averaging 90 tons to 105 tons
per operative brake and 25 MPH for westward trains averaging over 105
tons per operative brake between MP 856.3 and MP 879.0, Head End
Only.)
Unless otherwise restricted, the maximum speed for freight trains is 70
MPH provided:
1. Train does not contain empty car(s). Refer to SSI 1(C) for determining
speed for multiplatform, intermodal equipment.
2. Train does not exceed 8,500 feet.
3. Train does not average more than 80 TOB.
4. Engineer can control speed to 70 MPH without use of air brakes.
(If unable to control speed to 70 MPH on long descending grades, two
additional attempts are allowed to control speed with dynamic brake at
slower speeds before speed must be reduced to 55 MPH while
negotiating descending grade.)
Exceptions—Trains consisting entirely of intermodal equipment,
autoracks (equipment designed to carry automobiles/trucks) or a
combination of both
Seligman Sub
1. Speed Regulations
1(A). Speed—Maximum
Passenger Freight
East Winslow to Needles ..................................... 79 MPH. ....... 55 MPH.
MP 284.5 to MP 326.7, EWD ............................... 90 MPH. ....... 55 MPH.
MP 362.1 to MP 418.3 ......................................... 90 MPH. ....... 55 MPH.
MP 446.8 to MP 578.0, against the current
of traffic in DTB territory ................................. 79 MPH. ....... 55 MPH.
MP 484.0 to MP 514.0, Main 2 ............................ 90 MPH. ....... 55 MPH.
MP 465.8 to MP 578.0, Main 1 ............................ 90 MPH. ....... 55 MPH.
However, the maximum speed for freight trains is 70 MPH provided:
1. Train does not contain empty car(s). Refer to SSI 1(C) for
determining speed for multiplatform, intermodal equipment.
2. Train does not exceed 8,500 feet.
3. Train does not average more than 80 TOB.
4. Engineer can control speed to 70 MPH without use of air
brakes. (If unable to control speed to 70 MPH on long descending
grades, two additional attempts are allowed to control speed with
dynamic brake at slower speeds before speed must be reduced to 55
MPH while negotiating descending grade.)
Exceptions—Trains consisting entirely of intermodal equipment,
autoracks (equipment designed to carry automobiles/trucks) or a
combination of both:
• Same as above except train must not average more than 90
tons per operative brake under item (3).
Trains consisting entirely of loaded double-stack equipment:
• Same as above except train must not average more than
105 tons per operative brake under item (3).

Local Chairman and Safety Team Members:

Below is communication from the SWE Division Manager of Field Training regarding request for clarification of rules brought up a recent Safety Briefings in Belen. I am forwarding for your use in the continued effort to get everyone involved in “Safety With”. In the past, I have forwarded you messages and will continue to do so as you request. John Fox will also be your source for Rules on the SWE Division. I will be getting with him to set up his mailing list so we can keep the communication going.
As info, John Fox forwarded these questions to Rules Group and the responses are in RED below.

K. McReynolds
Supt Operating Practices

_____________________________________________ From: Fox, John N Sent: Tuesday, February 03, 2009 8:21 AM To: Murray, Nathan A Cc: Meyer, Scott L; Swartzfager, Patton W; McReynolds, Kevin C; Fox, John N Subject: FW: A series of rules questions for clarification
Gentlemen:
In briefing of train crews at Belen on Monday, February 3, questions I was asked for clarification on rule questions listed below, which I forwarded to the rules department at Ft. Worth for the “correct” ruling as everyone has different opinion and interpretations of rules.
The question involved:
Safety Rule 13.1.1—Going Between Cars and Locomotives
GCOR 5.3.7—Radio Response
GCOR 6.5—Handling of Cars Ahead of Engines
The answers to the questions that were asked, the replies are shown in RED below.
When I do send questions in for interpretation, I’ll forward replies to you and other personal if you so do desire to receive and view.
Respectfully,
John N. Fox
Manager of Field Training
Southwest Division
864-5184 (office)
1-505-850-4584 (cell)

_____________________________________________ From: Fox, John N Sent: Monday, February 02, 2009 2:32 PM To: Adams, Douglas R Cc: Fox, John N Subject: A series of rules questions for clarification
Doug:

• • Safety rule 13.1.1  Going Between Cars or Locomotives

• • • • If I’m a engineer and the conductor request permission to go “in between” on our train, and I fully apply the independent brake and center the reverser and then I state on the radio “set and centered”, and not leaving the engine unattended, while the “conductor” is in between releasing hand brakes;
        May I as the engineer go release hand brakes on the engines? YES
        May I go M/U locomotives? YES
        May I go inspect the locomotives? YES

• 2)      GCOR Rule 5.3.7

• • • • While working on a train, I’m required to take “slack” to uncouple cars and going to make a set out, after stopping the train and going thru the procedures of “in between” to close the angle cocks:
        Am I required to use the words “back up” to get the slack to make the cut on the rail cars or is it allowable to use the phrase “slack or slack for pin” to uncouple the rail cars? BACK UP

• 3)      GCOR Rule 5.3.7 & GCOR Rule 6.5

• • • • I’m in the process of shoving 15 cars (using radio) on a clear track which has room for 40 cars in which I’ve taken a position in which to provide visual protection for the shove.
        My initial radio response to the engineer was back up 15 cars, clear track, room on the track for 40 (for information purposes)
        My next radio response to the engineer is “15 cars” after shoving 7 cars (which will make it 8 cars from the cut)
        While observing the shove and getting close to the cut;
        Am I “required” to state 8, 5, 3, 2, 1, 25 feet and stop while shoving the “clear track” in which no coupling would be made or once we’ve reached the required distance while continuing to observe the cars being shoved on the track, is it permissible to bring the engine to a stop by using the word “stop”? When protecting shove, must state the distances per 5.3.7 supplement
        

I’d appreciate a reply to these questions so I may forward on to the appropriate personal that asked.


John N. Fox
Manager of Field Training
Southwest Division
864-5184 (office)
1-505-850-4584 (cell)

Guys:

Just to warn you all of the upcoming scream that will hit shortly. When were questioning George Wong on some vacation payments for 2009 it appears that there was an overpayment in 2007 to every employee (19,000 +) of about $400.00 dollars. So they are deciding now how to go about re-collecting the overpayment.

Pat

---

From: Wong, George A [mailto:George.Wong@bnsf.com]
Sent: Monday, February 02, 2009 1:59 PM
To: pat@santafeblet.com; Alan Holdcraft
Subject: Vacation rate error

Pat and Alan,

This is a follow up summarization of our conversation this afternoon. Early last week we began receiving inquiries from employees asking why vacation rates had gone down compared to last year’s vacation rates.

Melinda Cowin, in our Technology Services group, investigated these inquiries and found a mechanical error in the vacation qualifier program. As a result, each TYE employee who was paid vacation pay during 2008 on the basis of 1/52nd of his/her prior year’s earnings was overpaid.

We are still in the process of determining the full impact of the overpayments; however, it appears that on average most employees were overpaid about $400.

Over the next few days, we will verify the amounts of the overpayments and set up a reasonable plan for recovery for these overpayments.

We will also recalculate the 2009 vacation rates and put them into place as soon as we have accurate data.

As we get more details, I will update you on where things stand. In the mean time please let Melinda or me know if you have any questions.

Melinda Cowin – Technology Services 785-435-1330

George Wong – Director, TYE Compensation Systems 785-676-5178

Yaeger, Jungbauer and Barczak has just learned that the U.S. Govt has awarded damages against the UP RR in a federal whistleblower case in which our client claimed that his position was abolished for bringing safety concerns to a supervisor.  Client was a welder for UP.  He complained that he needed protection for himself and other workers when welding on double track.  UP abolished his job in one location after he made safety complaints to force him to go elsewhere in the company.  YJB and its attorney Karl Frisinger filed a Whistleblower complaint with OSHA.  OSHA awarded the following damages:
        1. Govt awarded reassignment to his UP Welder location and position that was abolished (and returned in GOOD STANDING)
        2. Govt. awarded $11,378.23 for increase in mileage that union client incurred travelling to his new work location during the time taken to process the Whistleblower complaint.
        3. Govt. awarded $5000 in compensatory damages that UP must pay to union client         4. Govt. awarded all of his attorney fees incurred (and RR shall continue to pay attorneys fees to YJB if necessary)
        5. Govt ordered that UP RR refrain from retaliating or discriminating against our client in the future for bringing this action
        6. Govt. ordered UP to now permanently display the Federal Notice entitled "Whistleblower Protection for RR Employees" in locations where employees can readily see it.
It is easy to see that this award provides far more to our client than an appeal under the Collective Bargaining Agreement could have provided.
The RR has 30 days to appeal this order.  If they do, we will fight on.  We will keep you posted.  No employee should fear any RR anywhere.  Yaeger, Jungbauer and Barczak is the nation's leader in fighting against RR harassment of employees.  YJB has other Whistleblower cases pending against other RR's including BNSF and CSX.  We will keep you infomed of the evolution of this important law and protection for union members.
Attached is the Order identifying remedies for UP violations of 20109 sent by the GOVT in this case..  I will send a follow-up email when the full Order is on our website. 
Bill Jungbauer BLET Designated Legal Counsel President Yaeger, Jungbauer & Barczak
Serving Injured Union Workers and their Families for 80 Years