Subject: EO-26 Operation testing for Conductors
Date: Mon, 27 Oct 2008

Allow me to share what I think is a significant development
concerning the Operation Testing Section of Emergency Order 26,
Section (e)(2).

Today, I had a meeting with the FRA Region 1 staff in Boston. It
was the result of a letter I sent to both CSX and FRA on October 3,
2008. The letter was in regards a report I had received that CSX
was compiling a list of cell phone numbers from T&E employees for
the purpose of operational testing in connection with EO-26. When I
received my copy of EO-26, I noticed that operational testing by
"cold calling" was expressly prohibited. I mistakenly assumed that
this prohibition extended to any occupant of the locomotive cab on
a moving train.
The significant part of (e)(2), page 26 & 27, states: "When
conducting tests and inspections under 49 CFR 217, a railroad
officer, manager or supervisor is prohibited from calling the
personal electronic or electric device or the railroad-supplied
electronic device or electrical device used by a locomotive
engineer while the train to which he locomotive engineer is
assigned is moving."
I was advised by FRA that this prohibition does not extend to the
Conductor on the very same moving train because only engineer is
referenced in the Order. I was shocked at this advise, and it
confirmed my suspicion that CSX, and I suppose other carrier's,
will use this tactic for operational testing against our members.
I guess forewarned is forearmed. I was hoping you would circulate
this information to our Brothers in the Association of General
Chairpersons District 1, and the National Association of State
Legislative Directors. if you deem this information important.

Fraternally yours,
George T. Casey
General Chairman, GO-081
Legislative Director/Chairman, LO-024