UTU Local 426   Spokane, WA

UTU Local 426 News.

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Subject: Court challenge on drug-test rule
Date: 08/14/2008

News

WASHINGTON -- The UTU, seven other rail labor unions, and BNSF Railway asked a federal appeals court here Aug. 13 to review a U.S. Department of Transportation rule that would require employees of all transportation modes -- including railroads, transit and bus operators -- to submit to direct observation urine collection for return-to-duty testing or follow-up testing. Because the rule, scheduled to become effective Aug. 25, requires disrobing by employees and direct observation of urine production, the District of Columbia Court Circuit Court is asked to consider whether the rule violates the Constitution’s Fourth Amendment protection against unreasonable searches. The court also is asked to consider if the new rule violates the Omnibus Transportation Employee Testing Act of 1991, which requires the use of testing procedures that promote, to the maximum extent practicable, individual privacy in the collection of specimen samples. The federal appellate court challenge leans heavily on a 1989 Supreme Court decision holding that "require[ing] employees to perform an excretory function traditionally shielded by great privacy, raise[s] concerns ..." The Supreme Court held in that 1989 decision that there must be a prior reasonable cause before requiring an employee to remove clothing. Earlier in August, the UTU and 32 other AFL-CIO unions petitioned DOT to reconsider implementation of the rule. In another Aug. 7 petition to DOT, the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) asked the agency to reconsider whether the rule is warranted, owing to the fact that the railroad industry has one of the lowest rates of positive tests -- less than 1 percent -- where screening is done randomly. The AAR and the ASLRRA also asked that the rule's implementation be delayed at least until November. BNSF is the lone railroad to join the unions in challenging the new DOT rule. Neither the AAR nor the ASLRRA joined in the court challenge. As for the petitions for reconsideration and delay filed with DOT, an unnamed DOT source indicated the agency would ask, as early as Aug. 18, for public comment on the petitions. This likely would result in an agency delay of at least 30 days in implementation of the rule, allowing DOT to review public comments. There is no timetable for the federal appeals court to act on the petition for review filed Aug. 13. Among the arguments made by rail labor in its Aug. 7 petition to DOT, the very low rate of positive tests in random-drug screening makes the new rule an unwarranted and significant expansion of existing direct observation testing. Such testing currently is restricted to such situations as where employees were found to have adulterated tests. Moreover, the new rule is vague on specifically what constitutes the requirement for additional direct observation of urine tests, and appears to give carriers wide latitude in ordering direct observation. The new rule, still scheduled for Aug. 25 implementation, adds new sections 40.67(b) and 40(i) to 40 CFR Part 40. It would be required that where return-to-duty or follow-up testing is performed, a same-sex observer is to request the employee "to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. After you have determined that the employee does not have such a device, you may permit the employee to return clothing to its proper position for observed urination." The new rule further requires the observer to "watch the employee urinate into the collection container. Specifically the observers must personally and directly watch the urine as it goes from the employee’s body into the collection container. If it is a multi-stall restroom, the observer must enter the stall with the employee." Of the new rule, UTU International President Mike Futhey said, "statistics do not warrant such invasive procedures based on vague wording and apparent wide carrier latitude for ordering direct observation tests." In joining with rail labor in the court challenge, BNSF said, "We believe that our employees are entitled to be treated with dignity and respect at the workplace, and this new regulation is an intrusion on employees." In addition to UTU and BNSF, those joining in the federal court challenge include: the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Maintenance of Way Employes Division, the American Train Dispatchers Assn., the Brotherhood of Railroad Signalmen, the Transportation Communications International Union, the International Brotherhood of Electrical Workers, and the National Conference of Firemen and Oilers.


Subject: Wage Back Pay
Date: 07/22/2008

News

UTU National Agreement back pay provisions National agreement: 1. Effective July 1, 2005, 2 and ½ %GWI applied (previous COLA rolled out). 2. Effective July 1, 2006, 3% GWI applied (previous COLA rolled out). 3. Effective July 1, 2007, 3% GWI applied (previous COLA rolled out). 4. Effective July 1, 2008, 4% GWI applied. Re-grossing has taken place from July 1, 2005 to June 30, 2008. The pay date will be August 19th, 2008. Earnings statements will be available starting 08/19/08. In order to view all the re-grossed records, employees will need to put 2008 in the option for the pay period section under option 5A. This will produce an earnings statement that only includes re-grossed records dated from 07/01/05 to 06/30/08. Due to the length of the 816 the only option available will be to email the earnings statement.


Subject: FMLA Update
Date: 07/13/2008

News

In 2005 the court held that "if a Collective Bargaining Agreement (CBA) gives employees the right to determine when, or in what manner, they take accrued vacation and/or personal leave, an employer cannot force employees covered by that CBA to use such vacation and/or personal leave at a time of the employer's choosing". The Supreme Court decided not to disturb the lower courts' decision. The Court ruling required the Organizations to arbitrate weather or not Vacation and Personal Leave days are protected by CBA's. The International has informed me an Arbitration agreement was signed by BNSF, CSX, NS and UP with UTU, BLET, BMWE, BRS, ATDA, NCFO, SMWIA, TCU, IBEW and IAMAW. Outside counsel shall handle the arbitration on behalf of the unions for this national agreement question. The question presented to the Board pursuant to this Agreement shall be as follows: "Do the carriers’ policies requiring employees to substitute paid vacation and/or paid personal leave for unpaid FMLA leave violate the requirements of the national vacation and/or national personal leave agreements." Link to the Arbitration Agreement http://utu386.org/FMLAArbitration.pdf


Subject: New rate Tables and trip rates
Date: 07/02/2008

News

New rate tables have been posted the rate tables and trip rates that came into effect Jyul 1, 2008 http://utu386.org/payrates/


Subject: The United Transportation Union has ratified the national rail agreement.
Date: 06/13/2008

News

The United Transportation Union has ratified the national rail agreement covering wages, rules and working conditions. 45,000 ballots were mailed, 40 percent of those eligible to vote cast ballots. 18,076 votes were cast, with 15,313, or 85 percent, voting in favor of the agreement. The ratified agreement is retroactive to Jan. 1, 2005, and remains in force through Dec. 31, 2009. Per Side Letter #1, the carriers will make all reasonable efforts to pay the retroactive portion of such general wage increases as soon as possible and no later than sixty (60) days after the date of this Agreement.


Subject: BNSF project hits high gear
Date: 05/14/2008

News

SANDPOINT — Anyone who has recently crossed the Long Bridge has undoubtedly seen the construction crews and massive cranes set up at Dog Beach as part of a BNSF Railway project to replace aging piers and pilings. A 30-person construction crew will use the cranes and barges to make safety upgrades to 650 feet of railroad trestle on the north end of the bridge, said BNSF spokesman Gus Melonas. The support piers in question are more than 100 years old and their replacement was found to be of critical importance to maintaining safe operations, according to an encroachment permit filed by BNSF. The project, which began last month and will continue through October, is progressing according to plans, with workers currently building an emergency access road before barges arrive later this week, Melonas said. BNSF is working with water patrol to ensure the safety of boaters and swimmers while construction takes place, and Melonas asks all residents to be mindful of the work, especially once the barges arrive. Fifty trains use the bridge on a daily basis, and by timing the work in shorter intervals, train schedules will not be interrupted during the project, Melonas said. The railway is the only east/west link for the Transcontinental Northern lines and Amtrak, handling an estimated half-million gross tons of freight per day, according BNSF’s encroachment permit application. It is because the rail line handles so much, and such and array of, material that makes these safety repairs is so important, and Sandpoint Fire Chief Robert Tyler said preparing for emergencies and disasters involving the railroad are of utmost importance. Tyler and several members of his department are members of the Region 1 Hazardous Material response team and have been trained to plan for and handle hazmat disasters. Using the analogy of a boulder sitting atop a mountain that could come tumbling down at any minute, Tyler said an emergency could happen at any moment or could be avoided for years. “The ‘what ifs’ are very scary,” said Tyler, who noted that he has seen what he calls the “white train,” which carries nuclear waste, cross the train bridge. Tyler said that he is close to getting 1,000 feet of boom from Kootenai County, which would be crucial to containing on any hazardous material in the water if a derailment were to happen on the bridge. With proper material, training and use of the city-owned fire boat, Tyler said he feels confident that his team could handle an emergency involving a train derailment. Tyler is currently working with the City Council to decide the level of service his team is expected to deliver with the city’s fire boat.


Subject:
Date: 04/30/2008

News

The following times and locations have been established to hold the meetings regarding the UTU National Agreement. We will be meeting joint with the UP local from here in Spokane. Super 8 Motel I-90 and Argonne 2020 N Argonne Spokane Meetings are scheduled for 9 AM and 1 PM. John Fitzgerald and Jay Sholmeyer will both be present to conduct the meetings. They will be arriving on the evening of the fourth and departing a 5 o’clock flight on the 5th. I have attached a document that could be distributed and posted at Yardley and Hauser and Wenatchee. If you know anyone that can post these ASAP please reply. If you have any suggestions or see anything wrong with these arrangements, please contact me. Respectfully, Scoter Pischel UTU 0426 S&T


Subject: Engineer gets $2.6M for fume-caused asthma
Date: 04/30/2008

News

A Lucas County, Ohio, Common Pleas Court jury yesterday (April 28) awarded $2.6 million to a former Conrail locomotive engineer for the asthma he developed from inhaling diesel fumes, the Toledo Blade reports. Frank Battaglia, 65, of Canton, Mich., worked for several years as an engineer in the locomotives used to move rail cars in metro Detroit train yards. Lawsuits can be filed where the incident occurred or where the company does business. The attorney who represented Mr. Battaglia said Judge Denise Ann Dartt had ruled that his asthma was a result of inhaling the fumes and that there were violations of both the Federal Employers Liability Act and the Locomotive Inspection Act. After a week of testimony, a jury deliberated about five hours to decide the amount of damages. The attorney said it is against federal regulations for diesel fumes to be in the cabin of a locomotive. (This item appeared April 29, 2008, in the Toledo Blade.)


Subject: UPDATE YOUR MAILING ADDRESS -- NOW!
Date: 04/07/2008

News

Not having a current address on file with the International could prevent those affected by the tentative national rail agreement from receiving the package allowing them to vote on that agreement. Those packages will be mailed in mid-May. Additionally, the UTU International pays hundreds of dollars a month to the U.S. Postal Service because many members do not let the union know they have moved, and their monthly copy of the UTU News must be returned to the International. If you have moved and are not sure the UTU has your new address, or if you are planning to move, please inform the UTU International and your local secretary of your new address. You can update your address via the UTU Web site (www.utu.org) by clicking on the "Address Change" button on the home page. You also can inform the UTU International by e-mail at directory@utu.org, or phone the International at (216) 228-9400, ext. 336.


Subject: Q&A For Tentative Agreement
Date: 04/03/2008

News

The Questions and Answers for the tentative national agreement are now available for review at the link. http://utu386.org/QATentativeNatAgmt.pdf


Subject: Teneative Agreement Update
Date: 03/31/2008

News

March 25, 2008 The Association of General Chairperson (Dist 1) have approved the tentative national agreement, and will be mailed to members by late May for a ratification vote. Beginning in April Local meetings will be held where International vice presidents and general chairpersons will explain the agreement, respond to member questions. Meeting schedule will be posted as soon as it is available. Contract synopsis 2008 National Proposal


Subject: BNSF planning repairs to Pend Oreille railroad bridge
Date: 03/24/2008

News

SANDPOINT - BNSF Railway is lining up equipment and materials at Dog Beach for a project to replace aging piers and pilings on its bridge across Lake Pend Oreille. The replacement project is expected to last from April 1 to Oct. 1, according to Gus Melonas, BNSF's spokesman for the Northwest region. “Much of the work will be done from barges,” he said. The railroad is replacing a dozen support piers at the north end of the locomotive bridge, which is on the east side of the U.S. Highway 95 Long Bridge. The railroad bridge's piers and wooden pilings were installed more than a century ago, according to an encroachment permit the railroad was seeking from the Idaho Transportation Department. The bridge work will be timed to keep trains rolling across the span. “We'll plan train movements with work activity each day,” said Melonas. The BNSF bridge is a cardinal east/west link for northern transcontinental freight lines and Amtrak. The bridge handles an estimated half-million gross tons of cargo shuttling to and from sea ports on the West Coast, the ITD permit request indicates. The permit was needed in order to extract a couple sections of guardrail next to the northbound lane of the highway. But the request was dropped because the BNSF's construction access was addressed through a right-of-way agreement the railroad negotiated with the state, said Barbara Babic, ITD's Panhandle spokeswoman. The right-of-way agreement was obtained by ITD so it can construct the Sandpoint bypass. The state paid $6.4 million for approximately 40 acres of railroad right of way, according to Idaho Transportation Board records. The marshaling of equipment and materials at Dog Beach is being questioned as preparations for the Sand Creek Byway. “That project has absolutely nothing to do with the byway in any way,” Babic said, referring to the BNSF repairs. The U.S. 95 re-routing project is anticipated to go out to bid soon, although opponents of the bypass are expected to file a preliminary injunction to keep the project from advancing while they sue the Federal Highway Administration and U.S. Army Corps of Engineers over permit approval of the bypass.


Subject: Havana overpass project set for summer
Date: 03/20/2008

News

By Mike Huffman Spokane Valley News Managing Editor If youre tired of waiting for that stalled train at Havana, some relief may be in sight for later this summer. Work is set to begin on the Havana Street overpass at the Yardley switchyard as early as August, which would be the latest development in the decades-long Bridging the Valley project to remove at-grade crossings in Eastern Washington and North Idaho. Glen Miles, transportation manager for the Spokane Regional Transportation Council, said that bids for the project, which has received federal funding, will be solicited soon. The overpass, which will be similar to that of Fancher Road to the east, is expected to cost about $15 million. Most savvy longtime area motorists avoid Havana like the plague between Trent and Broadway. About 60 to 100 Burlington Northern Santa Fe trains a day run through the crossing, and switching operations can cause it to be blocked up to 18 hours in a 24-hour period. But the overpass is expected to relieve congestion in the area, especially on Freya Street to the west and Fancher. Just for safety reasons alone, its the kind of project we like to see done, Spokane Valley Council Member Diana Wilhite said last year. The upgrade of Havana is just the latest chapter of the larger Bridging the Valley project, which calls for grade separations or closures of 75 railroad/roadway crossings in this area. The idea is to keep cars separated from trains by constructing overpasses and underpasses at the most heavily used crossings. Crossings that dont receive much traffic will be closed altogether, such as the one at Vista Road. The other part of the plan involves aligning the existing Union Pacific Railroad mainline with BNSFs tracks, thus taking crossings at Pines and the freeway and in the heart of Millwood at the paper mill out of the equation. Funding of the projects is always tricky business, as the joint nature of responsibility means that the owners of many wallets have to agree to loosen them for the same projects. The Park Road project, expected to cost about $16.5 million, had been next in line for work. Recently, though, city officials have been rethinking the priority list and want to see an overpass at Barker Road just south of Trent be the next job to be done. There is no traffic signal at the intersection, and further development in the area is causing more and more cars to use the crossing daily. Once the overpass is constructed, it would allow more commercial truck traffic to also get through to Spokane Industrial Park. It may be tricky to get funds transferred from one project to another, however. While the state may allow the transfer of its allocated $5 million in federal funding for the Park Road renovation to the expected $22.6 million overpass at Barker, its unlikely the $2 million set aside by the state Transportation Improvement Board will get the same approval. An underpass at Pines Road and Trent Avenue expected to cost $13.3 million would be done after Barker, with the Park Road job at No. 3.


Subject: So where's my contract?
Date: 02/20/2008

News

So where’s my contract? Why can’t I see it? How can I vote on something I haven’t seen? Good questions. The answer to all those questions is that the UTU constitution provides for a number of specific steps before a tentative national agreement is presented to the membership for a ratification vote. The tentative agreement with BNSF, CSX, Kansas City Southern, Norfolk Southern and Union Pacific is currently being fleshed out in preparation for distribution to the membership for inspection and a ratification vote. As provided by the UTU constitution, general chairpersons affected by the tentative agreement prepared questions regarding its provisions and submitted those questions to the International. A subcommittee of the UTU negotiating committee has been sifting through the questions, eliminating duplicates and preparing the questions for the UTU negotiating committee to review. The UTU negotiating committee will then transmit the questions to the National Carriers' Conference Committee, and work with that carrier negotiating committee on responses. The full set of questions and answers will then be made a part of the tentative contract. On March 25, general chairpersons involved in national handling will meet in Houston to discuss with the UTU negotiating committee the questions and answers. Those general chairpersons will receive a full briefing on the tentative agreement at that time. Again, under provisions of the UTU constitution, the International president, on behalf of the UTU negotiating committee, will then transmit the entire document -- the tentative agreement along with the questions and answers -- to the membership for inspection and a ratification vote. That package, including voting instructions, should be mailed to the membership in early April. The UTU Web site, at www.utu.org, will advise members when the package is mailed, and also provide additional information. The UTU Web site, www.utu.org, should be considered the official source of information about the contract, and a special link has been created on the home page that provides access to the Section 6 notices originally served by the UTU and carriers, plus commentary on the tentative agreement. Affected members should regularly view the UTU Web site for that information -- and sign-up for e-mail alerts. There is also a link on the UTU Web site home page to sign up for e-mail alerts.


Subject: Northwest Division Employees Dig BNSF out of Snow
Date: 02/15/2008

News

After four days of blizzard conditions last week, Northwest Division crews dug out from a storm that pelted the Cascade Mountains with up to 96 inches of snow and temporarily halted BNSF traffic on both sides of the mountain range. Snow began falling early in the week, but by Thursday, Feb. 7, snow accumulation, coupled with winds gusting up to 100 mph in places, forced the closure of the state’s main highways and stalled rail traffic on BNSF’s Scenic and Stampede Subdivisions. Early Thursday, Doug Jones, general manager of the division, activated the Northwest Division Command Center to coordinate multiple logistics operations. These involved positioning trains and crews, and coordinating other storm recovery efforts with Transportation, Track, Signal, Structures, Electrical and Telecommunications. According to Glen Gaz, manager, budgets, Construction, personnel at the center coordinated operations continuously during the storm, which did not ease until late Sunday. In addition to coping with the sheer amount of snow, crews faced road closures due to slides and avalanches, which restricted access to tracks to begin recovery. Additionally, Gaz said that power outages meant relying on generators, but getting fuel to keep them powered became problematic due to road closures. To ease congestion, numerous trains were re-routed to the south on the Lakeside Subdivision, but warmer temperatures melted snow. This caused floodwaters to rise 2 to 5 inches above the rails for a distance of 400 feet at milepost 107.4 on the subdivision, halting re-routed traffic. After waters receded, crews began assessing the track structure to determine remedial requirements, which included placing rip-rap, dumping ballast and re-surfacing track. By Monday, main track across all subdivisions was clear, and trains were again operating. Afterward, Jones said a tremendous amount of effort was needed to get trains moving again. "I want to thank the men and women who worked injury free during this event. It has been a challenging year, with previous storms affecting us from Sandpoint [Idaho] to Pasco [Wash.], down to Keddie [Calif.]. Once again, the dedication and perseverance of our outstanding employees ensured we safely met our customers’ requirements," said Jones.


Subject: Tentative agreement! UTU - BNSF
Date: 01/26/2008

News

The United Transportation Union (UTU) and the National Carriers’ Conference Committee (NCCC) reached a tentative agreement Jan. 23 on wages, rules and working conditions retroactive to Jan. 1, 2005, and continuing in force through Dec. 31, 2009. The tentative agreement, which must be ratified by some 46,000 affected UTU members, applies to conductors, brakemen, engineers, firemen, hostlers, switchmen and yardmasters employed by Burlington Northern Santa Fe, CSX, Kansas City Southern, Norfolk Southern, Union Pacific and smaller railroads party to the national agreement between the UTU and the NCCC. After nearly three years of negotiations, a new bargaining team, headed by recently elected UTU International President Mike Futhey, reached the tentative agreement two days into resumption of talks. Other members of the negotiating team were Assistant President Arty Martin, National Legislative Director James Brunkenhoefer, UTU International Vice Presidents John Babler, J. R. (Jim) Cumby and Robert Kerley, and UTU General Chairpersons John Lesniewski and Delbert Strunk. Although the specifics of the tentative agreement will not be released until after discussion with affected (District 1) general chairpersons, Futhey said it provides for a 17 percent general wage increase over the life of the agreement, a retention of the cost-of-living adjustment (COLA), and a cap on health-care contributions. The wage increases also include retroactive payments covering the period July 1, 2005, to the implementation of the tentative agreement. Additionally, the tentative agreement provides a mechanism for resolution of the entry-rates dispute, an increase in the held-away-from-home-terminal (HAHT) meal allowance, and, for the first time, contributions by the carriers to the yardmasters’ supplemental retiree medical insurance program. Futhey thanked the negotiating team for their "participation and their contributions to the negotiating process. The UTU and the NCCC have made commitments to a cooperative process that returns the industry to a spirit of interest-based resolution of matters of mutual concern. This is a process that will pay dividends to the membership."


Subject: FRA says BNSF violated utility employee rules
Date: 01/19/2008

News

CHICAGO — A Federal Railroad Administration (FRA) investigation has confirmed a September 2007 UTU complaint that Burlington Northern Santa Fe supervisors violated federal law when they allowed yard-service employees to perform functions of a utility man / road crew and then ordered them to return to their yard assignments. In a December 31 letter to UTU Illinois Legislative Director Joseph C. Szabo, FRA reported that the practice, known as “attaching,” is illegal if the so-called “utility employee” is returned to his yard duties after finishing his work with a road crew. “Concurrent service,” or rotating an employee back and forth from yard work to road work during the same shift, is a violation Part 218.22 of Title 49 of the Code of Federal Regulations, wrote FRA Region IV Administrator Laurence H. Hasvold. “The railroad is allowed to detach an employee from a yard crew and assign him to assist a road crew as a utility employee only upon completion of his yard assignment,” said Local 1494 Local Chairperson John Lynch. “When he’s finished they have to send him home — otherwise his work would be in violation of the regulation. He may also be entitled to further compensation for performing the duties of a utility employee, which in our yard falls under the duties of a herder position.” But that’s not what Lynch saw happening over a period of several years at BNSF’s Corwith Yard, a busy intermodal ramp on Chicago’s Southwest Side. Lynch told “Hot Topics” he saw BNSF supervisors order members of yard crews to “attach” themselves temporarily to road train crews so they could attach, test and arm the electronic End of Train (EOT) warning device. But instead of letting such employees mark off when finished with their EOT duties, the supervisors sent them back to their switching assignments. Lynch said he was suspicious about BNSF’s practice and complained about it to supervisors. Each time he complained, he said, the supervisors tried to assure him the carrier was in compliance. Still suspicious, Lynch brought up the matter with the FRA and the UTU. “In February 2007 I attended an FRA seminar at our general committee reorganization meeting in Kansas City,” Lynch said. “I raised the utility man issue with the FRA officials and with James A. Stem Jr., the UTU’s alternate national legislative director. They confirmed these actions were a violation of the federal regulation. We told the railroad they were doing it wrong, but they still didn’t believe us. I then reported about five random incidents to Joe Szabo, and he wrote them up and forwarded the information to the FRA.” Hasvold said interviews with BNSF supervisors and employees confirmed that the practice has been discontinued. He said the FRA would not request the carrier be fined for the violations.


Subject: AETNA WARNS COVERAGE MAY STOP WITHOUT VERIFICATION
Date: 01/17/2008

News

Aetna will soon begin sending FINAL NOTICES to all employees eligible for coverage under the Railroad Employees' National Dental Plan who have not yet provided the required proof to verify their dependents’ eligibility for this coverage. Aetna began to seek verification of eligible dependents last year. To date, many members have not responded to this request or supplied proof of their dependents’ eligibility for coverage, placing continued coverage in jeopardy. If you have not yet responded to previous requests for this information, it is imperative that you do so immediately. Failure to respond to this FINAL NOTICE will result in the termination of coverage for your eligible dependents, not only under the dental plan but also under the medical plan. It is vital that UTU members who have not yet responded comply immediately with this request for dependent verification to avoid any potential discontinuation of coverage for their eligible dependents. Failure to provide the required proof by March 15 will result in termination of dependent benefits. This dependent eligibility audit is being conducted in accordance with understandings reached between rail management and rail labor. Aetna has established a toll-free help line at (866) 682-5619. It is staffed by customer service representatives specially trained to answer questions about the verification process and the required documentation. If you have not received any requests for dependent verification from Aetna, please call Aetna’s help line at the number above immediately to begin the process.


Subject: Berkshire adds 29,600 shares to its stake in BNSF railroad
Date: 01/11/2008

News

OMAHA, Neb. - Billionaire Warren Buffett's company bought 29,600 more shares of Burlington Northern Santa Fe stock, giving Berkshire Hathaway ownership of 17.4 percent of the nation's second-largest railroad. He said he is willing to buy up to 25%. Documents filed with the Securities and Exchange Commission on Thursday reveal that Berkshire bought the stock Monday when Burlington Northern's stock dipped below $77 a share. The filing said Berkshire paid $76.55 for each of the shares. Buffett's company now owns 60.9 million shares of BNSF. Berkshire officials do not typically comment on the company's stock holdings, and a company spokeswoman said no one was available to comment Thursday. But Buffett and Berkshire vice chairman Charlie Munger discussed their interest in railroads at last year's annual meeting. They said railroads have become an appealing investment because they are healthier today than in past years, something Buffett and Munger said they were slow to realize because of past poor performance in the industry. Shares of Burlington Northern, which is based in Fort Worth, Texas, rose $2.21, or 2.8 percent, to $80.06 Thursday. Berkshire's Class A stock gained $3,800, or 2.9 percent, to $134,200 Thursday. Berkshire also invested early last year in two other railroad companies, Norfolk Southern Corp. and Union Pacific Corp., but Berkshire cut its holdings in those two railroads in the second half of 2007. A November filing showed that Berkshire reduced its Union Pacific stake to 4.5 million shares by the end of September. That's less than half of the 10.5 million shares Berkshire previously said it owned last March 31. That same November filing said Berkshire held 1.9 million shares of Norfolk Southern as of Sept. 30. Previously, Berkshire had said it owned nearly 6.4 million shares of Norfolk Southern. Berkshire owns furniture, insurance, jewelry and candy companies, restaurants, natural gas and corporate jet firms and has major investments in such companies as The Coca-Cola Co. and Wells Fargo & Co.