WASHINGTON, D.C. - Not only is it now law, but it became effective immediately on Friday afternoon, Jan. 12, when President Bush signed the Railroad Retirement Disability Earnings Act, which raises from $400 monthly to $700 monthly the cap on outside earnings for recipients of Railroad Retirement disability benefits.

The new law means disabled rail workers can earn up to $700 monthly without suffering a reduction in their Railroad Retirement disability payments. In future years, the cap will be increased by a formula based on changes in the federally calculated cost-of-living index.

Those receiving the disability are afflicted with bad hearts, high blood pressure, failing eyesight and injuries received while on the job. While many were able to find menial work outside the railroad industry, the law previously limited their outside earnings to $400 monthly. Anything earned above that amount resulted in a reduction in disability benefits. 

The new $700 monthly cap is closer in line with what is permitted under Social Security. "This is going to make a meaningful difference in the lives of many disabled rail workers who struggle so to keep a roof over their family’s head, pay for prescription medication, buy groceries and clothing, and purchase medical care," said UTU International President Paul Thompson.

UTU National Legislative Director James Brunkenhoefer said that he had been lobbying Congress to raise the cap on outside earnings "since I was first elected to this job two decades ago. It has been a struggle, but one I pledged I would never abandon," Brunkenhoefer said.

“With assistance from the other rail organizations, and thousands of phone calls and e-mails to lawmakers from UTU members and retirees, we achieved passage of the bill this year," Brunkenhoefer said. "It was the right thing for Congress to do. And it was the right thing for the president to sign the bill into law."

Although the carriers previously opposed raising the earnings cap, "extensive good-faith discussions with them in December resulted in the railroads withdrawing their opposition and supporting the bill’s passage," Thompson said. 

Especially helpful in gaining passage of the bill were House members Jim Oberstar (D-Minn.), Corrine Brown (D-Fla.), Don Young (R-Alaska) and Steve Latourette (R-Ohio), and senators Mike Enzi (R-Wyo.), Dick Durbin (D-Ill.) and Ted Kennedy (D-Mass.).

Allowing the disabled higher outside earnings while retaining their full disability benefits will not create a financial burden for the Railroad Retirement system, Brunkenhoefer said. Currently, the Railroad Retirement Trust Fund totals some $27 billion. The estimated cost of this new law to the trust fund will be about $400,000 annually.

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Carrier Officers Can Be Sued Individually!

.29CFR§ 825.400   What can employees do who believe that their rights under FMLA have been violated?

(a) The employee has the choice of:

(1) Filing, or having another person file on his or her behalf, a complaint with the Secretary of Labor, or

(2) Filing a private lawsuit pursuant to section 107 of FMLA.

(b) If the employee files a private lawsuit, it must be filed within two years after the last action which the employee contends was in violation of the Act, or three years if the violation was willful.

(c) If an employer has violated one or more provisions of FMLA, and if justified by the facts of a particular case, an employee may receive one or more of the following: wages, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or, where no such tangible loss has occurred, such as when FMLA leave was unlawfully denied, any actual monetary loss sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages for the employee. In addition, the employee may be entitled to interest on such sum, calculated at the prevailing rate. An amount equalling the preceding sums may also be awarded as liquidated damages unless such amount is reduced by the court because the violation was in good faith and the employer had reasonable grounds for believing the employer had not violated the Act. When appropriate, the employee may also obtain appropriate equitable relief, such as employment, reinstatement and promotion. When the employer is found in violation, the employee may recover a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action from the employer in addition to any judgment awarded by the court.

(29 U.S.C. 209). SEC. 101. DEFINITIONS.

·         (29 U.S.C. 209). SEC. 107. ENFORCEMENT.

FMLA

“Carrier Doesn’t have the right to offset PLD and earned Vacation days in lieu of FMLA. Carrier lost this case in Federal Court. Carrier is refusing to cooperate. General Chairman, John Fitzgerald, wants all who are covered under FMLA and who are having their FMLA and Vacation days used needs to put in a timeslip for a basic day explaining it’s a violation of collective bargaining agreement.

In retaliation, the carrier is reviewing FMLA files for each employee on BNSF who has FMLA to see if the number of layoffs and the duration that coinsides with their FMLA. If it exceeds the FMLA and what their DR prescribes the carrier is filing investigation notices for fraud. The investigation notice uses the following terminology: 

“Attend investigation at the Terminal Superintendent’s Office for the purpose of ascertaining the facts and determining your responsibility, if any, in connection with your alleged indifference to duty, gross dishonesty, and intent to defraud BNSF when you laid off Family Medical Leave (FML) a total of ## occurrences in the months of --- and --- 2006, which is not consistent with the approved FMLA grant of # - # days every # month(s), according to documentation provided on (date of employee’s FMLA paperwork) by BNSF Benefits Coordinator, Marilyn Ehrhardt.”

Investigation notices are already being sent out to many and investigations are underway. Everyone who has FMLA needs to review their FMLA paper work to make sure they are in compliance with their FMLA lay offs and the amount of time your DR approves off. If you have questions about it, you should schedule an appointment with your DR and review your FMLA papers. A recommendation: DO NOT SIGN A MEDICAL RELEASE FORM!!!!!!!!!!!! Each Employee with FMLA should be claiming DR/Patient confidentiality. Make sure your DR understands not to release any info to the carrier.”

MUST READ!!!