RESOLUTIONS
of the
Brotherhood of Maintenance of
Way Employes Division
of the
International
Brotherhood of Teamsters
As Adopted and Reaffirmed at the Second
Regular Convention of the National
Division held in Las Vegas, NV
June 21-23, 2010
return to the Pennsylvania Federation BMWED-IBT Constitutions & Bylaws page
BMWED IBT IN THE FOREFRONT OF RAIL LABOR
(REAFFIRMED)
WHEREAS, The ongoing and future contract negotiations are of the utmost
importance to the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters; and
WHEREAS, It is important that the Brotherhood of Maintenance of Way Employes
Division of the International Brotherhood of Teamsters be the leading participant in rail
labor’s struggle for full employment, fair wages and dignity on the job; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record to request the National Division President to take
all reasonable steps to ensure that the Brotherhood of Maintenance of Way Employes
Division of the International Brotherhood of Teamsters will be in the forefront of the rail
labor unions on issues of full employment, fair wages and dignity on the job.
ARTICLE XXIII, SECTION 9 CONTRACT APPROVAL
(REAFFIRMED)
WHEREAS, Article XXIII, Section 9 of the National Division Bylaws restricts a system from beginning negotiations with railway officials until the schedule to be negotiated has been presented to and approved by the National Division President or his designated representative; and
WHEREAS, Article XXIII, Section 14 states that it shall be the policy of the Brotherhood to establish uniform basic rules and rates of pay for members performing comparable work; and
WHEREAS, Article III, Section 8 of the National Division Bylaws states that the
National Division President shall have the power to suspend from office any National
Division or system division or federation officer who, without having obtained the
President’s permission, deviates from any uniform wages or rules and working conditions
policy that has been or shall be established; and
WHEREAS, The general chairmen, on a day‐to‐day basis, have contact with carrier
officers; and
WHEREAS, Many times the carrier or the Organization wishes to discuss changes in
wages, rules and working conditions; and
WHEREAS, Sometimes it would be beneficial to the members we represent if we
could initial an agreement at that time if the system division or federation officer only knew
what the National Division policy was on wages, rules and working conditions; Therefore, be it
RESOLVED, That National Division continue its policy concerning wages, rules and
working conditions; and, be it further
RESOLVED, That such policy and any changes in such policy be distributed to each
general chairman; and, be it further
RESOLVED, That a system division or federation can negotiate with carrier officers
without first getting National Division approval concerning changes in wages, rules and
working conditions so long as those negotiations do not involve changes in wages, rules
and working conditions below the standard set by National Division; and, be it further
RESOLVED, That if such negotiations result in a tentative agreement with the
carrier, that the general chairman will be authorized to initial such agreement pending the
approval of the National Division President or his authorized representative.
HONORING OF UNION PICKET LINES
(REAFFIRMED)
WHEREAS, The members of the Brotherhood recognize that only through solidarity
with their sister unions can we expect to prevail in our just demands with the railroads;
and
WHEREAS, The primary method to show solidarity with other railway unions is to
respect and honor their picket lines; and
WHEREAS, The Brotherhood can instruct a member to respect and honor the picket
lines of another union subject to prevailing law. The Brotherhood can and must encourage each of its members to respect and honor the picket lines of another union; Therefore, be it
RESOLVED, That it shall be the policy of the Brotherhood to honor the picket lines of
unions on strike. For clarification, the Brotherhood considers all locations on the lines of a railroad to be picketed where such lawful strike action has been taken by a union whether or not a picket sign is physically present; and, be it further
RESOLVED, That it shall also be the policy of this Brotherhood to represent, to the
best of our ability and means, any member of our Brotherhood who has been subjected to any disciplinary action by a carrier as a direct result of having voluntarily honored a
union’s picket line; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters reaffirm this policy of honoring picket lines when a sister union is on strike.
UNEMPLOYMENT BENEFITS
(REAFFIRMED)
WHEREAS, Members of our Organization drawing unemployment benefits are faced
with the continued rise in the cost of living; and
WHEREAS, The present daily benefits thereof are not sufficient to meet today’s high
cost of living; and
WHEREAS, The continued rise in inflation has placed extreme hardships on our
members; Therefore, be it;
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record requesting that said daily benefits be increased to
the amount consistent with the current cost of living; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
urge our National Division President to take this matter into consideration for handling in an expeditious manner.
RAILROAD EMPLOYEES’ MEDICAL RECORDS
(REAFFIRMED)
WHEREAS, Railroad employees do not pay into state workers’ compensation funds;
and
WHEREAS, Railroad employees are ineligible for state workers’ compensation
benefits; and
WHEREAS, State workers’ compensation acts provide that an employee receiving
workers’ compensation benefits automatically grants release of confidential medical
information concerning his/her injury to his/her employer as a condition of receiving
benefits; and
WHEREAS, The Railroad Unemployment Insurance Act does not require such
medical disclosure to the railroad employer as a condition of receiving Railroad Sickness
Benefits; and
WHEREAS, The Federal Employers’ Liability Act provides railroad employers with
unlimited liability for job‐related injuries to railroad employees; and
WHEREAS, Medical practitioners, clinics and hospitals rarely understand the
differences between medical information release requirements of the job‐related injury
compensation programs for non‐railroad and railroad employees; and
WHEREAS, Railroad claims agents frequently illegally obtain confidential medical
information about injured railroad employees by knowingly and falsely asserting to the
medical care providers that the injured railroad employee is covered by the information
release provisions of state Workers’ Compensation Acts; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record instructing BMWED ‐ IBT‐endorsed State
Representatives and Senators to introduce and/or support legislation requiring:
1. All licensed medical practitioners, clinics, hospitals and other medical
facilities to carry out a program to educate all of their employees with
access to medical records that railroad employees are not covered by
the Workers’ Compensation Acts and that medical information cannot
be released without the written consent of that employee.
2. Automatic suspension or revocation of the operating license(s) of any
medical practitioner, clinic, hospital or medical facility which releases
any medical records of any railroad employee to his/her employer or
that employer’s agent without the employee’s prior written consent.
3. Immediate notification of the railroad employee affected at his/her
last known address of the identity of any individual or corporation to
whom his/her medical records, or any portion thereof, are released.
4. Felony penalties including mandatory minimum prison sentence for
any railroad employer’s officer or agent who attempts to obtain any
portion of any other railroad employee’s medical records by asserting
that he is acting under state workers’ compensation statutes and/or
that the employee whose records are being requested is covered by
state workers’ compensation benefits.
5. Any medical practitioner, clinic, hospital or other medical facility to
immediately notify the State Attorney General of any request made for
any portion of any railroad employee’s medical records under the
pretense of workers’ compensation coverage to allow prompt
investigation and prosecution by the appropriate enforcement agency.
INSURANCE FURLOUGHED EMPLOYEES
(REAFFIRMED)
WHEREAS, Furloughed employees lose their health insurance and other benefits
after four months of furlough; and
WHEREAS, These employees are least able to afford to pay the premiums to
continue coverage through their furlough period; Therefore, be it
RESOLVED, That the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters attempt to negotiate a contract to continue
insurance benefits to all furloughed employees holding seniority under a BMWED ‐ IBT
Agreement.
CONTRACTORS TO PAY RAILROAD RETIREMENT TAXES
(REAFFIRMED)
WHEREAS, The contracting out of work is one of the most important issues facing
our membership; and
WHEREAS, Thousands of our members have lost their jobs on account of
contractors performing Maintenance of Way duties and are unable to continue to provide a
decent standard of living for themselves and their families; and
WHEREAS, The contractor’s forces are not required to pay into the Railroad
Retirement system; and
WHEREAS, The National Carriers Conference Committee has announced through
past Section 6 notices that they have a work exit strategy to eliminate the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters’
forces; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters instruct the National Division President and the IBT General
President to do everything possible in order to see that all contractors and their employees
are required to pay into the Railroad Retirement system.
SHORT LINES
(REAFFIRMED)
WHEREAS, The Staggers Act deregulating the railroad industry was passed with the
support of rail labor; and
WHEREAS, The Surface Transportation Board (STB) has chosen to reinterpret the
Staggers Act to permit carriers to divest themselves of property to newly formed carriers
without paying protective benefits which have historically been required under the
Interstate Commerce Act; and
WHEREAS, Carriers across the United States are taking advantage of this new
interpretation of the Interstate Commerce Act by divesting themselves of property to
newly formed carriers, causing our Brothers and Sisters to lose jobs or be transferred to
the new carrier at reduced pay and benefits and without union representation; Therefore,
be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record requesting the National Division President and all
system division and federation general chairmen to negotiate agreements to provide any
active, furloughed or transferred employee with a successorship agreement and a
protective agreement which minimizes the adverse affect of such transactions.
JOB STABILIZATION
(REAFFIRMED)
WHEREAS, The drastic reduction in Maintenance of Way forces on railroads and
relocation of employees is a matter of grave concern to our Brotherhood because of the
unsettling effects that they have on our members, as well as the resultant reduction in
employment levels; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters reaffirm our desire to secure improved protection for
Maintenance of Way employees, not only for the benefit of the individual employee, but
also for the well‐being of rail transportation in the United States; and, be it further
RESOLVED, That we direct our National Division and system officers to do
everything within their power to secure the jobs of the Brotherhood’s members through
the negotiation of improved agreements and inclusion of proper safeguards in appropriate
laws.
FEDERAL EMPLOYERS’ LIABILITY ACT
(REAFFIRMED AS AMENDED)
WHEREAS, The Nation’s railroads have initiated a assault to repeal the Federal
Employers’ Liability Act (FELA); and
WHEREAS, Through the carriers’ efforts, many of our Nation’s Senators and
Representatives have been led to believe that an inferior state no‐fault workers’
compensation should replace FELA; and
WHEREAS, With the help of many of our elected friends of labor in both the House
and Senate, and the superior efforts of our appointed law firms; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters commend and encourage our elected friends and legal firms for their untiring and continuing efforts to protect and preserve FELA; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters pledge our support to our law firms and elected officials by
continuing to contact and write all of the Senators and Representatives who believe that
FELA should be repealed; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record empowering our National Division President to
join our elected friends and FELA firms in protecting rail labor’s FELA rights.
FELA EVALUATION FORM
(REAFFIRMED)
WHEREAS, At times our members experience on‐the‐job injuries and at times even
fatalities and, as a result, these members or their survivors have cause to seek out legal
counsel for recovery under the auspices of FELA; and
WHEREAS, It is the desire of the delegates of the Second Regular National Division
Convention of the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters to provide its membership with a list of
designated and approved names of law firms for their use if they so desire; and
WHEREAS, To insure that when any member does utilize a legal firm included on
such list for that purpose, they will continue to receive the utmost professional, courteous
and responsive legal assistance at the most reasonable fee allowable in a consistent
manner coast to coast; Therefore, be it
RESOLVED, That each BMWED ‐ IBT‐designated and approved law firm provide, to
each and every Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters member or their survivors retaining same, an approved form on
the date the retainer agreement is signed for the purpose of personally evaluating that
firm’s legal assistance and service to such member or their survivors during the handling of
that member’s legal case; and, be it further
RESOLVED, That such approved form shall be completed at the conclusion of such
member’s legal case by such member or their survivors and mailed to National Division,
with a copy to the respective general chairman, and that National Division shall retain and file such evaluations by corresponding approved law firms. Such file to be reviewed
annually by the National Division Executive Board to determine if the members’ or their
survivors’ evaluations deem that legal firm’s assistance and representation as acceptable,
and if any emerging pattern to the contrary exists, appropriate action will be undertaken;
and, be it further
RESOLVED, Such form shall be clearly and explicitly spelled out that such member
or their survivors do not, if at all possible, refer to such monetary settlement award, as such
evaluation does not concern itself with that matter.
NONDESIGNATED LAW FIRMS
(REAFFIRMED)
WHEREAS, It has long been the policy of this Brotherhood to select reputable law
firms of high standards to represent this Organization and its members; and
WHEREAS, These law firms have always been welcome to attend Brotherhood of
Maintenance of Way Employes Division of the International Brotherhood of Teamsters’
meetings such as National Division Conventions, National Association meetings, Regional
Association meetings and other National Division‐sponsored functions; and
WHEREAS, In recent times, representatives of other law firms who are not
recognized as appointed legal counsel and who were not invited by National Division
Officers of this Brotherhood are showing up at some of the scheduled aforementioned
functions, sponsoring hospitality rooms and attending Brotherhood receptions; Therefore,
be it
RESOLVED, That any uninvited firms or representatives of non‐designated firms
who willfully attend said functions without invitation from the National Division President or his designated representatives will cause their firms to not be considered now or in any future time for appointment to represent this Brotherhood and its members.
DESIGNATED (FELA) COUNSEL
(REAFFIRMED)
WHEREAS, The United States Supreme Court has recognized the compelling need
and constitutional right of the Brotherhood of Maintenance of Way Employes Division of
the International Brotherhood of Teamsters to protect our members’ rights under the
Federal Employers’ Liability Act and related statutes by, among other things, establishing
legal aid programs to advise workers who are injured to obtain legal advice and to
recommend specific lawyers; and
WHEREAS, The membership relies on its elected officers to administer this
constitutionally protected legal aid program and to advise members how to seek and retain
competent and fair legal counsel having demonstrated expertise in these matters; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters has exercised its constitutional right to provide its
injured members such advice and specific recommendations by creating a system of
designated legal counsel committed to our members’ best interest and who faithfully
maintain and carry out the Brotherhood’s legal aid program by:
(a) Explicitly agreeing to participate in this constitutionally protected professional
relationship pursuant to Brotherhood standards of fairness and accountability;
(b) Demonstrating continuing proven expertise in the complex statutory protection
embodied in FELA;
(c) Agreeing to charge reasonable fees, keep necessary expenses to a minimum, and
to provide free advice to any member regarding his or her injury;
(d) Actively supporting and participating in Brotherhood conferences, legislative
activities, education/training programs and other lodge meetings or activities as requested
by Brotherhood Officers; and
WHEREAS, The United States Supreme Court has also declared that lawyers
accepting employment within our designated counsel system also share the Brotherhood’s
constitutional right and protection in carrying out the Brotherhood’s plan for contacting
and advising injured workers to obtain legal advice and to recommend specific
Brotherhood‐approved lawyers; and
WHEREAS, The Brotherhood has a compelling need and interest i n strengthening
the protective benefits of the designated counsel system and eliminating the possibility of
mistaken impressions harmful to our legal aid program; and
WHEREAS, Allowing non‐designated legal counsel to be present or participate
before, during or after any sanctioned union activity, meeting, or function would breach the
constitutionally protected professional relationship established between the Brotherhood,
its members, and designated legal counsel; and would also mislead members who may
mistakenly believe that non‐designated legal counsel are approved by the Brotherhood and
share the same relationship and commitment to the Brotherhood as designated legal
counsel as outlined above; Therefore, be it
RESOLVED, That it shall be the policy of the Brotherhood of Maintenance of Way
Employes Division of the International Brotherhood of Teamsters that only properly
designated legal counsel and their authorized representatives be invited to participate in or
otherwise be present before, during or after meetings, social activities or other functions of
the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters National Division, system divisions/federations, or subordinate
lodges; and, be it further
RESOLVED, That it shall also be the policy of the Brotherhood of Maintenance of
Way Employes Division of the International Brotherhood of Teamsters that, along with
Brotherhood Officers themselves, only designated legal counsel, or their staff, be
authorized by the Brotherhood to initiate contact with any member who may require
information concerning the advisability of obtaining legal advice, or advice recommending
specific lawyers employed within this constitutionally protected legal aid program.
SOLIDARITY: LEGISLATIVE AND PROTECTIVE DEPARTMENTS
(REAFFIRMED)
WHEREAS, The legislative arena has a tremendous impact on issues which
traditionally have fallen under the jurisdiction of the Protective Department of the
Brotherhood, and likewise, the activities of the Protective Department seriously impact the issues facing the Legislative Department; and
WHEREAS, The collective efforts and consensus building between the Legislative
and Protective Departments are required to advance all issues which impact on our ability to represent our members; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters call for a greater unity to advance the issues which face our
members in general to a successful conclusion.
ANNUAL SICK LEAVE
(REAFFIRMED)
WHEREAS, There are Maintenance of Way employees who do not have annual sick
leave agreements; Therefore, be it
RESOLVED, That the National Division President exert his best efforts to obtain
agreements providing an adequate number of paid sick leave days for all Maintenance of
Way employees which would not interfere with the present Supplemental Sickness
benefits.
WORK SEASON
(REAFFIRMED)
WHEREAS, Many of our members are employed seasonally; and
WHEREAS, Much of their seasonal work could be performed over a longer work
season; and
WHEREAS, A longer work season would help our members accumulate more
months of service for step rate increases, and extended employment benefits; and
WHEREAS, A shorter standard work week would allow our members more time off
while serving to extend the work season; Therefore, be it
RESOLVED, That the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters attempt to negotiate a shorter standard work
week with no reduction in pay.
OPERATION LIFESAVER
(REAFFIRMED)
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters is concerned with the improvements and
maintenance of railroad grade crossings; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters’ efforts in the engineering of grade crossings and
their assurance of proper visibility is essential in prevention of many train/vehicle
accidents; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters’ members recognize the potential dangers to
trespassers, fishing off railroad bridges, crossing through railroad cars in yards, and
children playing around and on railroad tracks as well as throwing objects at passing
trains; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters endorse and support the grade crossing safety program known
as “Operation Lifesaver;” and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters encourage our membership to become “Operation Lifesaver”
presenters, in hopes of eliminating deaths to young children around railroad tracks, and at countless train/vehicle collisions each year. If just one life is saved in making “Operation Lifesaver” presentations, then the time spent is well worth it.
POSITIONS AND VACANCIES NATIONAL DIVISION
(REAFFIRMED AS AMENDED)
WHEREAS, It is the wishes of the delegates assembled at this Second Regular
National Division Convention to reaffirm Resolution No. 23 of t he 43rd Grand Lodge
Convention regarding the advertising of jobs at National Division; Therefore, be it
RESOLVED, By the delegates of the Second Regular National Division Convention of
the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters, that all new positions and vacancies, except those subject to
reappointment of the current employee and those not covered by the election process of
our Constitution, be advertised in the BMWED Journal and on the BMWED Website so that our membership who wish to apply for these jobs may do so.
NATIONAL WORKER’S MEMORIAL
(REAFFIRMED AS AMENDED)
WHEREAS, Railroad and industrial management has adopted oppressive cost‐
cutting measures in the industry that has brutalized working conditions for BMWED
members and has resulted in tremendous profits for the owners and the overpaid
managers; and
WHEREAS, This downsizing has resulted in management creating working
conditions and work procedures with the cooperation of their allies in the government
regulatory agencies, particularly with the FRA which have left scores of hard‐working
BMWED members dead since 1988 in the United States and Canada, and many more
mutilated; and
WHEREAS, The sweat and blood which our members have spilled on the railroad
tracks to create a life for themselves and their families is directly related to the corporate greed of the owners and the bonus‐hungry railroad managers; and
WHEREAS, This slaughter is responded to by railroad management with a callous
disregard to the truth of this situation, which results in rail road management defrauding
and insulting our dead and mutilated Brothers and Sisters and responding to the situation; and
WHEREAS, Our Union will not permit the further insults of management to
continue; Therefore, be it
RESOLVED, That the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters institute a system of honoring and recognizing
those members of our Union who lost their lives in the line of duty in FRA reportable
accidents; and, be it further
RESOLVED, That their contributions and sacrifice to our Brotherhood be
acknowledged and that their families are made aware of our appreciation with a
permanent reminder for them in the form of a memorial brick, purchased by the National Division and engraved with the name and Lodge number of their loved one, to be
workers on the grounds of the National Labor College in Silver Spring, MD; and, be it
further
RESOLVED, That the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters present to the families of all Brothers and Sisters
who were members and lost their lives on the job since January 1, 2010, an official
certificate documenting the location and placement of a memorial brick in their loved ones
honor; and, be it further
RESOLVED, That the National Division President request from all general chairmen
the names of all Brothers and Sisters who were members and lost their lives on the job in FRA reportable accidents beginning January 1, 2010, and that their names and all that may follow be displayed in a place of honor as part of the National Worker’s Memorial in Silver Spring, MD; and, be it further
RESOLVED, In the event any member of the Brotherhood of Maintenance of Way
Employes Division of the International Brotherhood of Teamsters is killed while on duty
for their respective employer, at least one system officer from the deceased’s respective
system federation and the National Division President, or one of his or her agents, should make every effort possible to attend the funeral of the deceased member.
THE VETERANS’ PLEDGE
(REAFFIRMED AS AMENDED)
WHEREAS, A fundamental principle in representative democracy holds that the
people elected representatives must be permitted to advance the legislative preferences of
their constituents; and
WHEREAS, The House Rules Committee, which serves the House by framing debate
on legislation when bills are taken up on the House floor, is always bypassed in Veterans’ Affairs; and
WHEREAS, All bills emerging from the House Veterans’ Affairs Committee are
exempt from floor amendment because they are treated as non‐controversial and placed on
the Suspension of the Rules Calendar; and
WHEREAS, There are very few members of the House who sit on the Veterans’
Affairs Committee, leaving the majority of House members with virtually no opportunity to advance the legislative interests of their veteran constituents on the House floor; and
WHEREAS, The cost of each veteran bill is very expensive, and the VA budget is in
the billions; and
WHEREAS, Important legislation offering judicial review is of ten sidetracked, and
only modest legislation to provide compensation for those affected by Agent Orange was
passed; and
WHEREAS, Many other important health care issues are being sidetracked such as
Post Traumatic Stress; Therefore, be it
RESOLVED, That the National Legislative Department shall, to the extent possible,
contact all candidates for elective office of the United States House of Representatives and seek their pledge that, if elected, they will do whatever is necessary to represent the issues of the veterans.
ORGAN DONORS
(REAFFIRMED)
WHEREAS, There are members whose families are in dire need of an organ
donation; and
WHEREAS, Unless there are more who will step forward and donate organs people
will surely perish; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters be encouraged and encourage our Brothers and Sisters to be
organ donors.
PROPOSED RESOLUTION ON RETIREES
(REAFFIRMED AS AMENDED)
WHEREAS, At the present time, IBT has established a program that encourages
retirees’ participation; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters encourage all BMWED retirees to participate and contribute in
the IBT Retiree Affairs Program and the newly established TEAM (Teamster Education and Mobilization) Fund.
RUIA MILITARY SERVICE
(REAFFIRMED)
WHEREAS, Numerous railroad employees have served their country honorably and
well in various branches of the armed forces for periods in excess of twenty (20) years; and
WHEREAS, These military veterans receive military retirement pay as partial
compensation for their long military service; and
WHEREAS, If these veterans work for non‐military employers, they can become
eligible for state unemployment benefits in case of layoff and for workers’ compensation in case of injury; and
WHEREAS, The Railroad Unemployment Insurance Act (RUIA, Section 4, A‐1, ii)
prohibits payment of railroad unemployment benefits or railroad sickness benefits to
otherwise eligible railroad employees who are now receiving military retirement pay for
twenty (20) years or more of military service; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters solicit all BMWED‐IBT endorsed U.S. Representatives and
Senators to introduce and/or support legislation amending the Railroad Unemployment
Insurance Act to allow railroad employees collecting military retirement pay to also be
eligible for railroad unemployment and insurance benefits if they otherwise meet the
qualifications of these benefit programs; and, be it further
RESOLVED, That a report will be made to each Brotherhood of Maintenance of Way
Employes Division National Association meeting concerning the Brotherhood’s progress in
implementing this resolution.
PROVIDING BENEFITS FOR SURVIVING SPOUSE(S) AND DEPENDENT(S)
(REAFFIRMED)
WHEREAS, With current rules and regulations governing Railroad Retirement
benefits for a surviving spouse(s) and dependent(s), there is and has been a void in
concern with the interim between the death of the member and qualifying retirement age
of the surviving spouse(s) and dependent(s); and
WHEREAS, A surviving spouse(s) of a Maintenance of Way railroad worker who is
less than 60 years of age, who does not care for dependent children under the age of 18 or disabled children, and who is not disabled, is not entitled to any annuity under current law of the U.S. Railroad Retirement Act; and
WHEREAS, The surviving spouse(s) and dependent(s) of a Maintenance of Way
railroad worker that are not covered by continuation of the negotiated medical coverage;
and
WHEREAS, The surviving spouse(s) and dependent(s) who fall under such
circumstances are placed in a financial situation whereby they may very well become
destitute; and
WHEREAS, This Organization has a history of protecting surviving family members
of our Brothers and Sisters; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters encourage the National Division President to do whatever is
within his power to obtain benefits for surviving spouse(s) and dependent(s).
NATIONAL VACATION AGREEMENT
(REAFFIRMED)
WHEREAS, The stress and pressure on Maintenance of Way employees in the
workplace has been increasing in recent years; and
WHEREAS, Paid time off for the Maintenance of Way employees has become
increasingly important to the membership; and
WHEREAS, The National Vacation Agreement for non‐operating employees has not
been substantially changed since 1971; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record directing the National Di vision President and
negotiating committee to seek improvements in the National Non‐operating Vacation
Agreement providing for a decrease in the number of qualifying years for vacation and an increase in the number of vacation days allowed; and, be it further
RESOLVED, That the National Vacation Agreement be amended to provide that an
employee working less than his qualifying period will receive vacation on a pro‐rated
formula based on actual number of days of compensated service in the calendar year.
STB AUTHORIZATION: REFORMS TO PROTECT WORKERS AND THE PUBLIC INTEREST
(REAFFIRMED)
WHEREAS, With Surface Transportation Board (STB) reauthorization legislation
possible this year, Congress has the opportunity to rein in the power that mega‐rail carriers
exercise over workers, shippers and communities. Workers’ right s and job security must be
enhanced, safety must take on added importance, and Congress must end the outrageous
practice of discarding private union contracts at the mere request of merging railroads.
Unfortunately, the STB has typically adopted and implemented policies that ignore these
concerns and the effect they have on railroad employees and the overall public interest;
and
WHEREAS, Since the passage of the Staggers Act in 1980, the nation has witnessed
an unprecedented consolidation in the rail industry that has left thousands of workers out
of jobs and has vested unprecedented market power with a few mammoth rail carriers.
While the STB has a statutory obligation to consider “the interests of rail carrier
employees” affected by proposed mergers, not a single proposed transaction has been
rejected or significantly altered because of employee concerns. Workers are promised
generous New York Dock benefits, but in reality the railroads fight making these protective payments every step of the way by using long, drawn out legal proceedings to delay or escape fulfilling their obligations to employees; and
WHEREAS, Not only has the STB refused to protect employees, but it has used a
tortured interpretation of law to cancel out collective bargaining agreements made
between employees and railroads who later argue that the agreement interferes with a
pending merger or acquisition. The STB has extended its authority to justify almost any
change that the carriers request even if it is far removed from what is required to complete
a transaction. If the nation’s rail carriers want to make changes to private collective
bargaining agreements, then they should do what every other company with a collective
bargaining relationship must, sit down with the employees and negotiate an agreement.
Transportation labor calls on the Congress to finally put a stop to the practice of a federal agency trampling on the private contract rights of thousands of taxpayers who work on America’s railroads; and
WHEREAS, We are also concerned about the lack of attention that has been paid to
ensuring that rail transactions are completed in a manner that will not jeopardize the
safety of workers and the public at large. We need only look at the problems that Union
Pacific experienced as it attempted to complete its merger with Southern Pacific to
understand the terrible impact a merger can have on safety. The STB has recently entered into rule making designed to ensure that the safety concerns of rail transactions can be fully evaluated before approval is granted. While we support imposing new safety
requirements on merging railroads, we suspect that there will be attempts to weaken this
rule by excluding certain transactions or limiting the amount of information that rail
carriers must provide. It must be recognized that the STB has an obligation to ensure that the transactions it approves, regardless of the size or type of applicant involved, will not put workers or the general public at further risk; and
WHEREAS, Shippers and their employees who are dependent on rail transportation
also find themselves at the mercy of virtual rail monopolies. Transportation labor has long maintained that the reduction of competition in the rail industry causes devastating job cuts, harms the economy and communities, and is contrary to sound transportation policy. The massive consolidation also threatens the motor carrier sector where hundreds of thousands of our Brother and Sister Teamsters are employed. While operators in
competing transportation modes fight over market share, the gains on one side always
come at the expense of workers on both sides as carriers play the cut throat game of
downsizing and squeezing more out of fewer employees; and
WHEREAS, As rail mergers and other transactions continue to reduce
transportation options and market power is further concentrated, it is increasingly
important that the role of the STB be reexamined. While transportation labor continues to evaluate proposals to increase competition or address shipper‐carrier issues, we know
from first‐hand experience that massive and unrestrained consolidation in the railroad
industry without regard to the needs of shippers, communities and employees, and to the
transportation system itself, has been disastrous. We will continue to be mindful of this fact
as Congress considers rail competition proposals; and
WHEREAS, Some have suggested that the STB, as currently structured, is simply
incapable of fulfilling its public interest obligations and should be disbanded with its
responsibilities parceled out to other government agencies. While this is not a new
proposal, it has surfaced again because many believe the STB may have outlived its
purpose or is too close to the industry that it is charged with overseeing. Transportation
labor is seriously examining such a proposal. Meanwhile, to help guard against potential
conflicts of interest, we propose that STB members be subjected to a “revolving door”
policy curtailing their participation in the industry once their service terminates; and
WHEREAS, It is clear that Congress must take every opportunity to force the STB to
perform its statutory responsibility to protect the public interest and ensure that
protections embodied in statute are carried out in practice, and that voices other than
railroad executives are heard. Workers, shippers, communities, and state and local
governments deserve nothing less; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters direct the National Division President to urge all U. S.
Representatives and Senators to introduce and/or support legislation that will put a stop to
the Surface Transportation Board’s practice of granting the carriers the authority to make
wholesale changes to privately negotiated labor agreements; and, be it further
RESOLVED, That this legislation include provisions that would require the Surface
Transportation Board to use the same standards for reviewing mergers as the Justice
Department uses when reviewing mergers in other sectors of private industry; and, be it
further
RESOLVED, That Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters will work with the rest of rail labor to promote
any non‐violent means necessary to promote legislation that would rein in the power of
large railroads; and, be it further
RESOLVED, That Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters will advance the views expressed in this statement
to the current Administration and to the House and Senate authorizing committees.
ORGANIZING
(REAFFIRMED)
WHEREAS, There are millions of workers in the U.S., Canada and Mexico who suffer
abuses by their employers because they are unrepresented; and
WHEREAS, It is the obligation of all good trade unionists to bring the benefits and
protections of unionism to the unrepresented workers; and
WHEREAS, The strength of a labor union, thus its ability to deliver improvements in
working conditions and standards of living to its members is directly linked to its size and growth potential; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters membership’s future is directly linked to the long
term viability of their Union; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters direct the Organizing Department to put a plan together in
accordance with the current National Division Constitution and Bylaws that will result in
bringing Union benefits to our unrepresented Brothers and Sisters and result in real
growth of the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters; and, be it further
RESOLVED, That the National Division President and the Executive Board review
and modify said plan and authorize expenditures to meet the goal of bringing the benefits of union representation to the unrepresented and of sustaining real growth of the
Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of
Teamsters.
NATIONAL TRANSPORTATION STRIKE FOR COLLECTIVE
BARGAINING RIGHTS AND JUSTICE FOR TRANSPORTATION WORKERS
(REAFFIRMED)
WHEREAS, The right of American transportation workers to organize unions,
bargain collectively and to engage in concerted action is severely restricted, and at times
forbidden by the laws of government of the United States and the various judicial and
legislative bodies, and that the current imbalance in labor laws which favors organized
management needs to be corrected and reversed; and
WHEREAS, This imbalance in labor laws serves to deny workers the right to join
unions and further serves to restrict the ability of unions to bargain for our fair share of the
tremendous value which we produce; and
WHEREAS, There is a willingness among our elected politicians and judges at all
levels of government to function as the servants of organized management and to insure
that the laws function in a manner to preserve and enlarge the wealth of our employers at the expense of our jobs, working conditions and standard of living to the extent that if the present laws are not sufficient to protect the money of organized management, these same political servants will pass new legislation or issue new injunctions to insure that strikes are broken and that the transfer of the value produced by our labor is continued without interruption into the accounts of our employers; Therefore, be it
RESOLVED, That the Legislative Department draft legislation that will insure the
right of workers to organize and be represented by a union and that this right includes, but
is not limited to, card check recognition and the right to submit first contracts to binding arbitration when so requested by the union, the banning of all scabbing and the use of replacement workers, that no worker may be discharged without just cause, repeal of the Taft‐Hartley law, criminal sanctions for employers who engage i n unfair labor practices and mandatory imprisonment for those individuals who implement such illegal policies, an unrestricted right to strike and other such protections that emerge from our discussions on these topics with our sister organizations; and, be it further
RESOLVED, That this strike be maintained despite any order of any agency or
department of the government or the judiciary to the contrary until such time as it is
resolved with satisfactory legislation; and, be it further
RESOLVED, That in the event that any court and/or executive agency interprets the
law in a manner that conflicts with the clear language of the proposed legislation as
interpreted by organized labor or Congress in any way amends or repeals the law without the specific approval of organized labor, that the national transportation strike will resume until the conflict is resolved.
ORGAN DONOR COVERAGE
(REAFFIRMED)
WHEREAS, Organ, tissue and bone marrow donation is an unselfish act, done in the
spirit of true union compassion and solidarity; and
WHEREAS, Our members and families should not have to make material sacrifices
when they take this action; and
WHEREAS, Our current health benefit coverage does not include payment for
medical care for organ, tissue and bone marrow donation; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record and request the National Division President to take
all reasonable steps to make health coverage available to all donors who choose to make
organ, tissue and bone marrow donations part of our health coverage.
SUPPORT FOR RAIL LABOR COALITIONS
(REAFFIRMED)
WHEREAS, The need for greater numbers of union railroad members to unite for a
common cause; and
WHEREAS, It is important to make other unions aware of our struggles and the ever
present possibility of government intervention when forced to use self help; and
WHEREAS, It has become increasingly important to support labor‐friendly
candidates for every office from school boards to the United States Presidency; and
WHEREAS, The number of union railroad members has dramatically decreased
over the past two decades and this has created a need for more solidarity, cooperation and coordination between crafts at the local level; and
WHEREAS, The need exists to create and display unity for the good of all working
people; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record as supporting and encouraging rail labor coalitions
so long as they are formed for the good of all rail labor.
ATTENDANCE OF LODGE MEETINGS
(REAFFIRMED)
WHEREAS, The grassroots members have a strong desire to have an opportunity to
communicate directly with our National Division; Therefore, be it
RESOLVED, That the National Division President, Secretary‐Treasurer and Vice
Presidents attend as many lodge meetings as their schedules permit.
DISTRIBUTION TO DELEGATES OF PROPOSED RESOLUTIONS
(REAFFIRMED)
WHEREAS, It may be beneficial for the delegates to review the resolutions the
committee did not adopt; Therefore, be it
RESOLVED, That all future National Division Convention resolutions submitted to
the Resolutions Committee 45 days prior to the convention will be distributed to the
delegates with the Committee’s recommendation upon registration at the convention.
IMPACT OF HEALTH AND WELFARE PLANS FOR CANADIAN
MEMBERS COVERED UNDER U.S. NATIONAL AGREEMENTS
(REAFFIRMED)
WHEREAS, Canadian members working in Canada for American carriers are
covered by U.S. National Agreements including Health and Welfare plans; and
WHEREAS, Many of these same plan benefits and agreements can not or do not
work effectively for the Canadian members, and sometimes to their detriment; Therefore,
be it
RESOLVED, That the National Division, in its mandate to negotiate contracts for
benefits and agreements, keep in mind the impact and outcome they have on our Canadian members working for American carriers.
FIGHT DISCRIMINATION ON RAILROAD AND INDUSTRIAL PROPERTIES
(REAFFIRMED)
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters has an obligation to represent all its members
equally; and
WHEREAS, Railroad and industrial properties across the United States and Canada
have practiced and continue to practice discrimination; and
WHEREAS, Discrimination by the railroads and industries has caused hardship and
mental anguish to our members and is designed to divide our members against each other; and
WHEREAS, Several lawsuits against discrimination have been filed on behalf of our
Brotherhood members; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record to fight discrimination on railroad and industrial
properties across the United States and Canada with all of the commitment of which we are
capable, within the context of financially prudent allocation of resources.
ROLL OF HONOR MERIT AWARDS
(REAFFIRMED AS AMENDED)
WHEREAS, The BMWED Journal publishes a Roll of Honor indicating merit awards
for years of membership in the Brotherhood in 10‐year increments; and
WHEREAS, Our Brothers and Sisters take pride in their Union membership;
Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record that the Roll of Honor Merit Awards continue to be
awarded in 10‐year increments, by National Division, as follows: At 10 years, a certificate, and thereafter the appropriate Merit Award.
DUES DEDUCTIONS
(REAFFIRMED)
WHEREAS, The carriers have furloughed many members causing the Brotherhood
to raise dues locally, nationally, and on the system level to keep our services to our
members; and
WHEREAS, Dues and assessments have increased over the years along with
donations to the IBT DRIVE (Democratic Republican Independent Voter Education); and
WHEREAS, Dues, assessments, and donations all being taken out of one check a
month can be a financial strain on some members’ personal finances; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record requesting that the Brotherhood attempt to
negotiate a system that would allow all dues deductions, assessments, and donations be
taken out in equal installments each pay period in a month.
ELIMINATION OF CAMP CAR/TRAILER LODGING
(REAFFIRMED)
WHEREAS, There are railroads which persist in the archaic and repugnant practice
of lodging Maintenance of Way employees in camp cars/trailer facilities; and
WHEREAS, Carriers often choose to locate these lodging facilities in close proximity
of live, heavily used main tracks and/or railroad yards and/or highway or street road
crossings, thereby greatly inhibiting our members’ ability to receive a complete night’s rest;
and
WHEREAS, These lodging facilities do not provide our members with proper
privacy or individual space; and
WHEREAS, These lodging facilities often require our members to stand in line to
utilize an insufficient number of shower and washing facilities; and
WHEREAS, These lodging facilities are often not equipped with operating toilets,
forcing our members to continually relieve themselves in rented outdoor facilities often in
adverse weather conditions; and
WHEREAS, The members of the Brotherhood of Maintenance of Way Employes
Division of the International Brotherhood of Teamsters who are required to reside in these
lodging facilities have often brought to our attention the inequities in being lodged in such a subhuman and obnoxious fashion; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record as requesting the National Division President,
National Division Officers, and all parties involved in negotiating with any railroad
company, which still utilizes camp car/trailer facilities, to actively pursue agreements
which would permanently eliminate the use of camp cars/trailers for lodging our members.
LAWS AND REGULATIONS GOVERNING COMPANYPROVIDED
LODGING FACILITIES
(REAFFIRMED AS AMENDED)
WHEREAS, The Norfolk and Southern Railway Company persists in the archaic and
repugnant practice of lodging Maintenance of Way employees in camp car/trailer facilities; and
WHEREAS, There are currently federal, state and local laws, regulations and
ordinances which can be applied to these type of lodging facilities; and
WHEREAS, These facilities often are located in areas which, because of the high
noise levels, greatly affects our members’ ability to sleep at night; and
WHEREAS, These facilities are often maintained in an unhealthy, unsanitary and
unsafe fashion; and
WHEREAS, The carrier provides meals to our members prepared on site which are
reported to be of poor quality, unhealthy, and unappetizing; and
WHEREAS, These facilities normally fail to provide indoor restroom facilities or
sufficient sanitation facilities for members required to live in these lodgings; Therefore, be it
RESOLVED, That we now request that the National Division President use all
resources at his disposal to insure that all laws, regulations, and ordinances pertaining to
these types of facilities are closely monitored by the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters, and all necessary steps are taken to insure enforcement thereof; and, be it further
RESOLVED, That the National Division President instruct the Director of
Government Affairs and all state legislative directors to actively support and work to
establish legislation which would serve to relieve the intolerable living conditions members of the Brotherhood are currently subjected to until such time as the practice of
housing our members in these types of facilities has been eliminated; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters go on record as requesting the National Division President,
National Division Officers, and all parties involved in negotiating with any railroad
company, which still utilizes camp car/trailer facilities, to actively pursue agreements
which would permanently eliminate the use of camp cars/trailers for lodging our members.
ENJOIN THE RAILROAD RETIREMENT BOARD TO COLLECT
RAILROAD RETIREMENT TAXES FROM CONTRACTORS
(REAFFIRMED)
WHEREAS, Maintenance of Way workers and their respective carriers are
compelled to pay Railroad Retirement taxes; and
WHEREAS, Contractors performing Maintenance of Way work are not paying
Railroad Retirement taxes; and
WHEREAS, The carriers are saving millions of dollars by not contributing to the
Railroad Retirement system when they contract out Maintenance of Way work; and
WHEREAS, This unacceptable practice has caused the Railroad Retirement system
to be shorted of untold millions of dollars; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters encourage the National Division President and the IBT General
President to do whatever is within their power to seek legislation to allow the United States
Railroad Retirement Board to require Railroad Retirement taxes from the carriers and
contractors when Maintenance of Way work is contracted out.
CONTRACTING OUT
(REAFFIRMED)
WHEREAS, The unacceptable practice of contracting out has been utilized by many
carriers for buildings and rehabilitation projects, which properly should be performed by
Maintenance of Way forces, has been one of the most offensive elements in the drastic
reduction of our membership; and
WHEREAS, The practice of contracting out has been utilized by many carriers even
when they had regular employees available or were in the position to hire additional
employees in the Maintenance of Way departments; and
WHEREAS, This unacceptable practice has not only resulted in the decimation of
our membership, causing this Brotherhood undue financial strain, but also in the serious
deterioration of the railroad right‐of‐ways, facilities and equipment in both the United
States and Canada, because no attention is paid to tracks, bridges, buildings and work
equipment until they are almost unable to be used due to the lack of regular Maintenance of Way forces; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of the International
Brotherhood of Teamsters reaffirm our outraged opposition to this practice which deprives
our members of work; and, be it further
RESOLVED, That we empower the National Division President and the IBT General
President to explore every conceivable method, including negotiated rules, legal means,
legislative bans and all other conceivable means to end this unacceptable practice; and, be it further
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters implore the IBT General President, National Division President,
National Division Officers, systems, federations, local lodges and every member to be
diligent in our ongoing struggle fighting contracting out of Maintenance of Way work.
BMWED IBT ANNUAL SCHOLARSHIP AWARD
(REAFFIRMED)
WHEREAS, The Brotherhood of Maintenance of Way Employes Division needs to
educate members and their dependents to advance its agenda of protecting and preserving
the rights of workers; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division is an
aggressive leader in rail labor that is steadfast in its beliefs; and
WHEREAS, The leadership of the Brotherhood of Maintenance of Way Employes
Division understands the need for quality education to promote trade unionism; Therefore,
be it
RESOLVED, That the Brotherhood of Maintenance of Way Employes Division will
maintain a committee that will award annually two (2) scholarships to a member or their
dependent, with preference given to those furthering their education in the study of labor‐related subjects; and, be it further
RESOLVED, That the committee will establish and revise as necessary the criteria
for the awarding of an annual BMWED scholarship; and, be it further
RESOLVED, That the delegates to the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division approve the funding
necessary to award such annual BMWED scholarship; and, be it further
RESOLVED, That the delegates to the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division direct the National Division Executive Board to approve the funding necessary to continue the BMWED Scholarship program, and each scholarship shall be awarded annually in November to a BMWED member or dependent, with preference given to those applicants furthering their education in the study of labor‐related subjects. Each annual scholarship shall be in the amount of $2,000.00.
BMWED IBT SUPPORT OF LONGTERM VIABILITY OF AMTRAK
(REAFFIRMED)
WHEREAS, The future of Amtrak is uncertain and to a great extent many influences
within the federal government, railroad and private industry have initiated policy that is
detrimental to all of the workers in the many unions represented at Amtrak; and
WHEREAS, The Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters is a substantial part of the workforce affected and has worked diligently to oppose any policy that adversely affects its members; and
WHEREAS, The effects of drastic changes in the structure of t he company, train
routes or congressional mandates pertaining to labor could further devastate Amtrak and
its workers, adversely affect other workers in the railroad industry, and jeopardize the
stability of the Railroad Retirement system; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters call on the leadership to commit the resources necessary to
remain diligent and prevail in the struggle with those whose purpose is to destroy the
quality of life and standard of living of the workers on Amtrak.
ARTICLE XXI, SECTION 6
(REAFFIRMED)
WHEREAS, A few of the important objectives of this Brotherhood as prescribed in
the preamble of our Bylaws are “to exalt the character and increase the ability of its
members,” and “to use all honorable means to secure the passage of laws beneficial to our membership ...”; and
WHEREAS, There have been resolutions submitted which make personal attacks
against fellow Brothers; and
WHEREAS, Article XXI, Section 6 states, in part, that it shall be the duty of every
member to “ ... recognize any member in good standing as a Brother and never speak falsely
against or vilify the character of a member.”; Therefore, be it
RESOLVED, That the Resolutions Committee will not entertain and therefore will
not distribute any resolution that is in contradiction with the above.
RETIREMENT INSURANCE
(REAFFIRMED)
WHEREAS, The type of work performed by BMWED ‐ IBT members is very physical
and has led to physical disability and disabling occupational illness; and
WHEREAS, The cost of medical and prescription insurance is so expensive that it is
almost unobtainable for our retired or disabled members and their spouses and
dependents; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters encourage the National Division President to do whatever is
within his power to obtain improved benefits for our retired and disabled members and
their spouses and dependents.
RAILROAD RETIREMENT TIER 2 COLA INCREASES
(REAFFIRMED)
WHEREAS, The railroad retirement system is solvent in the foreseeable future; and
WHEREAS, Railroad workers pay extra for their Tier 2 benefits; and
WHEREAS, Railroad retirees are losing buying power every day; Therefore, be it
RESOLVED, That BMWED Local 2825 hereby directs the Burlington Northern
System Federation and the National Division to expend every effort to ensure that the Tier 2 benefits of railroad retirees are increased every year by at least the rate of inflation.
CONSOLIDATION OF SERVICES IN THE RAIL CONFERENCE
(REAFFIRMED AS AMENDED)
WHEREAS, The BMWE has merged with the International Brotherhood of
Teamsters into the Teamsters Rail Conference; and
WHEREAS, The BLE has merged with the International Brotherhood of Teamsters,
into the Teamsters Rail Conference; and
WHEREAS, The membership and officers of the BMWED are reaching maturity in
age to the point a large portion of members and officers will be retiring in the next 5 to 10 years and the National Division Officers are on record that a long range plan for BMWED, BLET and the Teamsters Rail Conference needs to be adopted with this in mind; and
WHEREAS, The delegates to the Second BMWED National Division Convention
desire unity in the rail industry among all Rail Unions; and
WHEREAS, The delegates at this Quadrennial Convention foresee additional benefits
to be derived from negotiating with the BLET for the purpose of identifying and reducing duplicate services provided by the individual Divisions; Therefore, be it
RESOLVED, The delegates to this Convention go on record stating unequivocally that
we believe many services to our members can be enhanced and accomplished by building the Teamsters Rail Conference into a streamlined efficient conference; and, be it further
RESOLVED, The delegates assembled here at the Second BMWED Convention go on
record to instruct the National Division, through its duly elected officers, to make every
effort to form a long range plan with BLET that takes into account the attrition rate of both Divisions, merges and/or coordinates departments or services for the purpose of
promoting Rail Conference unity and providing better services more efficiently; and, finally
be it
RESOLVED, That this resolution be made part of the record of this Convention and a
copy forwarded to IBT General President Hoffa, IBT Secretary‐Treasurer Keegel, Rail
Conference Director John Murphy, the principal officers of BLET and to the Teamsters Rail Conference Convention.
OCCUPATIONAL DISABILITY EARNINGS
(REAFFIRMED AS AMENDED)
WHEREAS, Our injured Brothers and Sisters who have been forced by railway injury
to “Occupational Disability” under the Railroad Retirement Act are currently limited in
earnings to $770.00 per month to offset medical costs; and
WHEREAS, Medical cost have went through the roof, and $770.00 per month which
has not been adjusted since 2008 covers only a fraction of their medical insurance costs; therefore, be it
RESOLVED, That the National Division Legislative Department use all means to
change the law to raise the $770 per month to $1,200 per month which sum will be
adjusted annually by the National Consumer Price Index.
“SUCCESSORSHIP RIGHTS”
(REAFFIRMED)
WHEREAS, The railway carriers disregard of their employees well‐being and quality
of life when they are considering a line sale or lease; and
WHEREAS, The stress on our members and their families when they see others
doing their former jobs in the community where they live, while they have to travel many miles to continue to work under their agreement; and
WHEREAS, “Successorship Rights” legislation would prevent these disastrous
consequences from happening; Therefore, be it
RESOLVED, That the National Division through its Legislative Department make
“Successorship Rights” a priority over the next four years, or until successfully
implemented; and, be it further
RESOLVED, That the National Division solicit the support of our fellow IBT in
making this an issue; and, be it further
RESOLVED, that the National Division solicit the support of our IBT Rail Conference
associates.
OSHA STANDARDS
(REAFFIRMED)
WHEREAS, The 7‐29‐91 Imposed Agreement requires the Carriers to provide
washroom facilities sufficiently proportionate for the crew size including tepid water,
sanitary soaps [and/or solvents] and toweling adequate for the number of employees; and
WHEREAS, There are no reasonably enforceable provisions to provide for adequate
washrooms (toilets) on away from headquarter work; and
WHEREAS, Despite the many efforts made to work with the Carriers to resolve these
fundamental humanitarian needs, and where it falls mostly on deaf ears; and
WHEREAS, In an industry worth over $60 billion per year; and
WHEREAS, We can put an astronaut on the moon, we should be able to have
provided to our members these simplest of human needs; Therefore, be it
RESOLVED, That the National Division make it a priority of our Legislative
Department to seek implementation of laws or regulations, and/or amendments to laws or
regulations, and to provide for extraordinary fines against Carriers who fail to provide
these human needs of our traveling members.
SUPPORT OUR TROOPS, VETERANS AND THEIR FAMILIES
(REAFFIRMED)
WHEREAS, As we currently have troops in harms way in Afghanistan, Iraq and other
locations throughout the world; and
WHEREAS, As many of our members have family members and friends currently
serving in harms way or have already served; and
WHEREAS, As our troops currently serving and those who served before them
deserve the support of all Americans; Therefore, be it
RESOLVED, That the delegates of the Second Regular National Division Convention
of the Brotherhood of Maintenance of Way Employes Division of t he International
Brotherhood of Teamsters go on record supporting those men and women currently
serving in the military and those who have served in the past.
OBSERVANCE OF MARTIN LUTHER KING, JR. HOLIDAY
(ADOPTED AS AMENDED)
WHEREAS, The third Monday in January is recognized by the Federal Government
and all fifty states as a holiday in honor of Dr. Martin Luther King, Jr.; and
WHEREAS, November 2, 1983, over twenty‐five years ago, President Ronald Reagan
signed into law recognizing the third Monday in January as a National Holiday in honor of Dr. Martin Luther King, Jr.; and
WHEREAS, There has been several attempts by the National Division President and
the negotiating committee to secure this day as a paid holiday for Maintenance of Way
employees; and
WHEREAS, Some twenty‐six years later, Dr. Martin Luther King, Jr. Holiday is not a
paid holiday for Maintenance of Way employees; and
WHEREAS, The National Holiday Agreement for Maintenance of Way employees has
not truly added a paid holiday since 1983; and
WHEREAS, The Committee on Diversity believe in order for Maintenance of Way
employees to celebrate the life of Dr. Martin Luther King, Jr. with service to their
communities, this issue must be resolved favorably during this round of negotiations;
Therefore, be it
RESOLVED, The Committee on Diversity for the Brotherhood of Maintenance of Way
Employes Division of the International Brotherhood of Teamsters go on record requesting
the National Division President and the negotiating committee t o use whatever means they
deemed necessary in adding Martin Luther King, Jr. Day as a paid holiday to the National Agreement for Maintenance of Way employees.
PAID TIME FOR UNION ACTIVITIES
(ADOPTED AS AMENDED)
WHEREAS, Many MOW employees are forced to travel excessive distances for work
opportunity; and
WHEREAS, Travel for work makes it impossible for many employees to participate