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OCTOBER 2009 PHYSICAL FITNESS TEST The following letter was sent to DC Shahade reguarding the voluntary Physical Fitness Testing for October 2009. The Union strongly encourages members NOT to participate in this testing. We also encourage any member who has volunteered to test to withdraw from participating. If you have any questions feel free to contact me. October 2, 2009
Deputy Chief Shahade:
The FOP has significant concerns regarding what we believe to be the premature implementation of the Amtrak Police Department Physical Fitness Program. We believe it is premature based on several reasons as follows:
1) The parties have not yet completed negotiating the details of the program as originally outlined and agreed to as a part of the prior contract negotiations. Although APD presented a preliminary plan and the FOP responded with its response that highlighted points of agreement and suggestions where we disagree, the Department has now unilaterally implemented its program without reaching agreement with the FOP on the total of the program.
2) Although it has been more than a year since the APD conducted its initial testing to establish the baseline standard, it has not designed, in any cooperative effort, individualized programs for each APD police officer for them to follow that will either maintain or improve their personal health, wellness or physical conditioning since the initial testing last year.
3) Submitting to a new round of testing at this point represents a waste of time and resources. Without having a fitness/wellness program to follow since the initial testing, one would expect the same, if not poorer results from this new test. For that reason we believe it to be redundant since we certainly won’t be testing the measure the results of the part of the program that has yet to be implemented. Conducting the initial standards testing at this time is putting the cart before the horse.
4) The blanket approach of applying a program that is to be gleaned by each officer by reading “Fit For Duty” is not what the FOP was told at the negotiations table would be the “individualized program” that would be followed in order to produce a more physically fit police force. We don’t know of any program whose participants were subjected to that had been done in this manner, let alone as having achieved this goal.
5) No serious proposal for participation in the health and fitness improvement portion of the program has been suggested or approved that defines how, where and when our officers are to participate, “on or off the clock”.
6) It is our experience with many of the police departments we represent who have implemented such physical fitness policies to this degree, that most of the injuries that occur as a result of participation do so during the periodic testing. Even the most comprehensive individual-designed programs result in sometimes a significant number of injuries during testing and many of these occur with officers who diligently adhere to their programs. We anticipate that testing those who have done nothing yet to improve their physical condition may well result in an even higher number of injuries that could be serious enough to lose a significant amount of regular duty time, if not to the extreme of career-ending for some.
7) Most of our major concerns regarding the programs components, remediation, periodic benchmark performance measuring, remediation and possible actions taken by the APD based on results, have not yet been fully disclosed, established or agreed to with the FOP.
As we asserted at the negotiations table, the FOP is just as committed to seeing this program is implemented. However, we want to see it done so sensibly, completely and in an appropriate manner in which both parties win as a result. Therefore, with concern for the safety of our officer as the paramount justification, we respectfully request that any further implementation of the testing component of the policy be suspended until we have had an opportunity to complete the agreed upon design and implementation of the policy. Only after a sufficient period of participation in individualized programs by our officers has occurred, with proper monitoring and counseling by the program’s assigned coordinators, should the results then be tested, followed by the appropriate actions of rewarding, remediating, or other appropriate response.
Until these issues are resolved we will advise our members against the requested “voluntary” participation in Physical Fitness Testing scheduled for this month.
Thank you for your time and anticipated cooperation in this matter. I look forward to receiving your response.
UPDATE
September 15, 2009
I am writing to you today because of the below news article published on September 11, 2009. As you can tell by the content of the article, the Fraternal Order of Police and the Amtrak Police Department are portrayed in a very poor light. I am here to tell you that Ms. Malkin has missed the mark completely. A counter-terrorism unit (the APD Mobile Tactical Unit) may be a necessary component for every Police Department on the war on terrorism but it is not the only component. Counter-terrorism must start with the regular patrol officer. It must start with you, the dedicated professional Law Enforcement Officers of the Amtrak Police Department.
Let’s look at the facts: The members of OSSSO spent 800 hours training. This unit spent 38.5% of their time training. The members of OSSSO are located in Washington DC and Los Angeles. Amtrak is a national passenger railroad. This small unit was at best a band aid approach to protecting the railroad. So then the question is who is protecting the railroad? The answer is very simple. The railroad is being protected by the Officers of the Amtrak Police Department.
Ms. Malkin never contacted the FOP to get the true story about OSSSO. We have contacted her to arrange a meeting to discuss this issue. We have the hard facts and the truth on our side. We will continue to move forward so that these facts come to light. We have also contacted Amtrak President Joseph Boardman to arrange a meeting to discuss many of the serious issues that face the Amtrak Police Department. With the support of the FOP, we are also pushing forward with members of Congress to address our issues.
We want to thank each and every one of you for the outstanding job that you do. It is because of you that our passengers and employees are safe. Mr. Boardman has also conveyed to us how proud he is of the job performed by each Officer of the Amtrak Police Department. Stay safe.
How Obama Cronyism Threatens Rail Security
by Michelle Malkin
New Delhi. Mumbai. Chechnya. Madrid. London. The question isn't whether America will suffer a jihadi attack on our passenger rail lines, but when. So, why has President Obama neutered the nation's most highly trained post-Sept. 11 counterterrorism rail security team?
All signs point to business-as-usual cronyism and pandering to power-grabbing union bosses.
Amtrak's Office of Security Strategy and Special Operations (OSSSO) grew out of a counterterrorism and intelligence unit developed by the Bush administration in the wake of global jihadi attacks on mass transit systems. The office was staffed with Special Forces veterans, law enforcement officers, railroad specialists, other military personnel and experts who collectively possessed hundreds of years of experience fighting on the front lines against terrorism. Each member underwent at least 800 hours of rail security-related training, including advanced marksmanship, close quarters combat and protective security exercises OSSSO's mobile prevention teams acted as "force multipliers" working with local, state and federal authorities across the country to detect, deter and defend against criminal and terrorist attacks on mass transit. They conducted hundreds of show-of-force, uniformed and rail marshal rides.
OSSSO also provided security services for President Bush, the pope, the 2008 Democrat and Republican conventions, then-Democratic presidential candidate Barack Obama's campaign events and then-Democratic vice presidential candidate Joe Biden's Amtrak whistle-stop tours. The counterterrorism unit's push to conduct random passenger and baggage screening earned predictable criticism from civil liberties absolutists, but also garnered bipartisan praise on Capitol Hill. Even Democrat Rep. Sheila Jackson Lee of Texas hailed the rail security team's work last year.
"Let me congratulate them for being aware" of the threat to rail passengers, the chairman of a House homeland security subcommittee on transportation security told USA Today in July 2008. "(But) this has to be the new standard for Amtrak."
How will Congress react to the news that this high standard has been obliterated?
According to multiple government sources who declined to be identified for fear of retribution, OSSSO's East Coast and West Coast teams have not worked in a counterterrorism capacity since the summer. Their long arms were put under lock and key after the abrupt departures of Amtrak Vice President for Security Strategy and Special Operations Bill Rooney and Amtrak Inspector General Fred Weiderhold.
Weiderhold played an instrumental role in creating OSSSO's predecessor at Amtrak, the Counter-Terrorism Unit (CTU). He tapped Rooney to oversee the office. But Rooney was quietly given the "thank you for your service" heave-ho in May, and Weiderhold was unexpectedly "retired" a few weeks later -- just as the government-subsidized rail service faced mounting complaints about its meddling in financial audits and probes.As I reported in June, Weiderhold had blown the whistle on intrusion of Amtrak's Law Department into his financial audits and probes. A damning 94-page report from an outside legal firm concluded that the "independence and effectiveness" of the Amtrak inspector general's office were "being substantially impaired" by the Law Department -- which happens to be headed by Eleanor Acheson, a close pal of Vice President Biden.
Biden, in turn, is tight with the Fraternal Order of Police (FOP), the powerful union that represents the Amtrak Police Department. According to OSSSO sources, the APD brass have been aggrieved over the non-unionized counterterrorism unit's existence from its inception.
A West Coast OSSSO team member told me that union leaders blocked police credentialing efforts by his office for more than a year. An East Coast OSSSO team member told me that the FOP recently filed a grievance against one of its counterterrorism officers for assisting a train conductor who asked for help in ejecting a ticketless passenger.
Unlike the highly specialized officers at OSSSO, APD officers possess minimal counterterrorism training. Past studies show alarmingly low pass rates among APD patrolmen who have attended basic special operations classes, according to government sources. The Amtrak FOP continues to squabble over turf with the rival Teamsters union -- its leaders can't even agree on minimal physical fitness standards for its members, which have yet to be implemented.
Nevertheless, OSSSO is now under the command and control of the APD -- and federal stimulus funding specifically earmarked for the counterterrorism unit has now been absorbed by the police department.
Amtrak did not respond to my questions about OSSSO by my column deadline Thursday afternoon.
Al-Qaida operatives have repeatedly plotted to wreak havoc on our mass transit systems. And they will try, try again. American jihadi Bryant Neal Vinas recently gave the feds details about a plot to blow up a Long Island Rail Road commuter train in New York's Penn Station. As America marks the Sept. 11 anniversary and the "never forget" mantra echoes, an OSSSO team member told me, "There is no room for internal protectionism, vested interests of unions or asset-manipulating bureaucracies where the safety of our national passenger railroad is concerned." Does anyone else in Washington agree?
NOTICE It should also be noted that the same considerations were given to eligibility for nomination to office positions. We created a second opportunity to become a “member in good standing”, and thus eligible to run for office. Yet, as you will see from your ballots, some were still disqualified for failure to be ‘members in good standing”, and other positions received no nominees.
UPDATE Congressman Rush Holt is drafting an Amendment to the Transportation Appropriations Bill. Under this Bill, all funds allocated to Amtrak for Police and Security purposes shall be controlled by the police department and may only be expended for such purposes. In other words, it's the equivalent of how forfeited (seized) monies are controlled and spent by the police departments and not their governing bodies. We will keep you updated as this Amendment progresses. At some point we will seek your assistance in contacting the members of Congress from your state to ensure that this Amendment receives their support. Finally, the Amtrak Police Department is seeking volunteers to participate in the Physical Fitness Test in September. At this time the Union strongly recommends that our members DO NOT volunteer to participate. The Union fully supports a Department Physical Fitness Program. However, the Department has not established any protocols or procedures for the Physical Fitness Test. Also the Department has not had any meaningful discussions with the Union about this program. It is the Unions position that for a Physical Fitness Program to be a success, it must be combined with a Wellness Program. The Wellness Program will specifically tailor a nutrition and exercise program for each officer. This Wellness Program will begin to prepare each officer to successfully complete the Physical Fitness Test. We believe that since the Department has not developed this component of the Program, participation by our members in a voluntary Physical Fitness Test is both premature and meaningless. We will continue to work with the Department to ensure that a program is developed that will be a long term success. Stay safe. John R. Kosakowski Jr.
special employee advisory
May 23, 2009 A copy of the letter from FOP national President Chuck Canterbury has been added to the file archive.
2009 EXECUTIVE BOARD ELECTION NOTICE
The Amtrak Police FOP Lodge 189 Labor Committee will begin the Election process for elections of the FOP Lodge 189 Labor Committee Executive Board. An Election will be conducted after the close of the nomination period.
The following Executive Board positions are up for election: PRESIDENT; 1ST VICE PRESIDENT; SECRETARY; TREASURER; (6) REGIONAL VICE PRESIDENT’S - BALTIMORE/WASHINGTON, MIDWEST, NEW ENGLAND, NEW YORK, PHILADELPHIA and WESTERN; SUPERVISOR REPRESENTATIVE; COMMUNICATION OFFICER REPRESENTATIVE; SECURITY OFFICER REPRESENTATIVE.
To be eligible for Nomination for Election to an Executive Board position, a member must be a member of the FOP Lodge 189 Labor Committee for 3 years and be a member in Good Standing. Good Standing is defined as a member being current on all fees, dues and assessments to this Labor Committee. Member must submit a completed Nomination Form to the Election Committee by Monday June 8, 2009. The completed form must be E-mailed to the Election Committee at the following address:
Election Nomination Forms can be obtained from your Regional Vice President or downloaded from the FOP Union Web page under Amtrak FOP File Archives. After verification of a candidate’s eligibility, a confirmation E-mail acknowledging receipt of your nomination form will be sent to you. Thank you for your cooperation and support. If you have any questions feel free to contact the Election Committee.
Once the election is completed for the Union executive board there will be a election for Lodge 189 executive board members open to 189 members only.
April 3, 2009 DO NOT BELIEVE THE MISINFORMATION
JUST SAY NO
It has been brought to our attention that certain factions within this Union are spreading misinformation. Let us clear up some hard facts that they have not told you. They claim that there will be layoffs. We currently are right at our minimum manning number of 275 officers. Amtrak received an appropriation of $1.33 Billion in 2008. That appropriation is expected to increase next year to $1.49 Billion. This is the highest appropriation in the history of Amtrak. Amtrak received stimulus money from the 2009 Recovery Act of $1.3 Billion. Of this money $450 Million was specifically designated for Security and Fire/Life Safety Projects. We have a We need to hire more officers not reduce our manpower. We meet regularly with members of Congress to insist that our manpower is increased.
They also claim that you will all lose your job because of the Physical Fitness Standard. The only thing that has been established is the Departments minimum fitness standard. The Department has not even finished putting together a Physical Fitness Program for existing officers. Once the Program is established the Union and APD Management will then negotiated the parameters and implementation of the Physical Fitness Program.
A claim has been made that your Medical deductable will increase to $300.00 per month. This is incorrect. The most your Medical deductible could go up to is $200.00 per month on July 1, 2010. Amtrak will have to provide documentation to justify this increase. It will be scrutinized by the Union to ensure that it is accurate. On July1, 2008 the monthly benefit deductible went up $.38 per month.
Finally, they claim that OSSSO are taking over the Police Department. Members of this Executive Board take steps each day with members of Congress to ensure this will not occur. We will continue to speak with Congress to ensure that the Amtrak Police Department continues to grow and received the support, manpower and resources that we need to protect the rails of this country.
They are seeking to have you change representation based on fear not facts. Do not believe their lies. They want to have the teamsters replace the Fraternal Order of Police. We must unequivocally denounce this change. The Fraternal Order of Police is the largest Police Organization in the United State. They have dedicated themselves to fighting for the rights of Professional Law Enforcement Officers. Their reputation with elected officials in both parties of Congress is beyond reproach. To achieve our next objectives of changing the retirement and the way we Collectively Bargain under the Railway Labor Act will require Federal Legislation. The passage of this type of Legislation will require a dedicated commitment from both parties of Congress.
This faction is making promises but they are not answering some very important questions. Ask these members the following questions:
· Can the teamster deliver bi-partisan support in Congress?
· How committed will they be to our issues?
· How much will your dues increase?
· Who will represent you?
· How many Law Enforcement Officers do they represent?
· What Departments do they represent?
The teamster cannot promise you the bi-partisan commitment of the FOP. They do not have the same support from both parties of Congress like the FOP.
Secondly, the percentage of Law Enforcement Officers that the teamsters represent is extremely small compared to the number of teamsters in the United States. This organization will not dedicate itself to your issues unless these issues will be beneficial to the majority of the total membership. They cannot commit themselves to getting you a Police type pension when the majority of their membership has to work to at least the age of 60.
Your dues will be increased if you join the teamsters. The teamsters want to add you to their organization so they can add more money to their general fund.
You will be represented by someone from outside of the membership who does not understand or appreciate your issues. The teamsters put a Union Representative in place to represent the officers of the Metropolitan Nashville Police Department who was convicted of conspiracy to commit murder. If the members of this faction are interested in having a stronger Union then they should get involved. Let them step up and get involved with the current Union to make it better. A new Union is not the solution. The teamsters are definitely not the answer.
The number of Law Enforcement Officers that they represent is extremely small. In fact the Metropolitan Nashville Police Department just recently decertified the teamsters as their bargaining unit.
Many of the complaints about the current Union stem from the poor job that this Executive Board has done communicating information to the membership. When we replaced the AFRP, we made a commitment to effectively communicate with the membership. We have not fulfilled this commitment. I take full responsibility for this failure. I am in the process of correcting this failure. The Union website will be update to make it more interactive. We will also be implementing a direct E-mailing program. Members with a personal E-mail address on file with the Union will receive regular updates to their personal E-mail. Members should ensure that the Union has a current personal E-mail address. The updates will also be posted on the Union Board and the Union website. We are also in the process of implementing web-based conferencing. Members will have the ability to log in and participate in an interactive nationwide union meeting on a bi-monthly basis. While we are setting up the web-based conferencing, we will conduct in-person Union meetings throughout the country to address the issue of change of representation and any other important issues that the members bring to our attention.
The Executive Board has been working very hard with members of Congress to address our retirement issues, Collective Bargaining under the Railway Labor Act and our manpower issues. An election to determine representation will significantly set us back. The FOP will be forced to suspend all these actives until the representation is determined. Any momentum that we have established in Congress will be lost.
Do not be misled by these members who do not have your best interest at hart. Before you sign any type of cards for the teamsters read them. It is imperative that you get answers to these key questions. If you did sign a change of representation card, it is not too late. You can still change your mind after reviewing all the facts. You can deliver a letter to the teamster’s organizers rescinding the change of representation card and demand the card is returned. Please send a copy to me for our files. We may need your letter to dispute your card.
The Fraternal Order of Police has dedicated itself to fight for the rights and issues of Law Enforcement. We will continue to fight for your rights. The membership must take an active role and help make our Union even stronger. Stay safe.
Fraternally yours,
John R. Kosakowski Jr.
President
March 10, 2009
2009 FOP DAY ON THE HILL
On Monday February 23, 2009 to Wednesday February 25, 2009 members of the Amtrak Police Lodge 189 Labor Committee were in Washington DC to participate in the National FOP Day on the Hill. National Day on the Hill is a program sponsored by the Grand Lodge of the Fraternal Order of Police. Members meet with members of Congress to address and seek support for National FOP Legislative issues as well as Amtrak Police Department issues.
This year our key areas of focus were a Police type of pension for the Amtrak Police Department, a change to the way we Collectively Bargain for a contract and Amtrak Police Department funding. Our members met with key members of Congress on the Homeland Security, Transportation and Appropriations Committees to address our issues and concerns. The members of Congress were very interested and concerned about the issues that we addressed with them. They have pledge to look into these issues and assist us any way they can. Our next step will be providing members of Congress with hard statistical numbers on the costs and advantages of moving the members of the Amtrak Police Department into a Police type of pension system. In order to provide this information, we will be hiring an actuary to determine the cost of moving the members from Railroad Retirement to a Police type of pension system. We will also to continue to supply members of Congress information on how our membership is forced to work with less manpower and outdated equipment.
In closing, I want to thank all the members who participated in 2009 FOP Day on the Hill. I also want thank those members who volunteered but were unable to participate because of budgetary restraints. Finally, I would ask the membership to take this opportunity to get involved to help us achieve our three objectives. If you are interested in being involved, please contact your Regional Vice President. Stay Safe.
Fraternally yours,
John R. Kosakowski Jr., President
May 15, 2008
PHYSICAL FITNESS ASSESSMENT
I have received numerous E-mails and phone calls concerning the upcoming Physical Fitness Test. Let me start by stating that the title is very misleading. THIS IS NOT A TEST. Currently the Amtrak Police Department does not have any Physical Fitness Standard. The purpose of this Physical Fitness Assessment is to assist the Department in developing a Physical Fitness Program and a minimum Physical Fitness Standard. The members were randomly chosen to represent a cross section of the Department. The members of the Department who were chosen are participating in this Assessment as part of an overall study being conducted by the Department to develop a Physical Fitness Program and a minimum Fitness Standard. The results of this assessment will help determine the current fitness level of the Department. You are required to participate and do your best at the various aspects of the assessment. Based on the results of this assessment, the computer job survey taken by randomly selected members and a panel of Amtrak Police Officers, the Department will begin to develop a Physical Fitness Program. Currently the Physical Fitness Program and minimum Fitness Standard are still in the Developmental stage.
The Union does not agree with the methods that the Department is using to conduct this study and have given the Department official notice as to our objections and concerns about these methods. The Union will continue to monitor the progress of this study. Our goal is to ensure that the Department works in conjunction with Union to develop a Physical Fitness Program and minimum Fitness Standard that will be beneficial to both our membership and the Department. I hope this information clears up any of the misleading information that was received by the members. If you have any further questions feel free to contact me.
Fraternally yours,
John R. Kosakowski Jr.
President
March 3, 2008
ELECTION COMMITTEE
The Amtrak Police FOP Lodge 189 Labor Committee will be conducting Executive Board Election this year. We are currently soliciting E-mails of interest from the membership for consideration of appointment to a position on the Election Committee. To be appointed to the Election Committee the members must have one year of service with the Amtrak Police Department and be an Amtrak Police FOP Lodge 189 Labor Committee member in Good Standing. The Election Committee will be responsible for conducting the election. Any member that is interested may submit an E-mail to President John Kosakowski at fop189lcpres@optonline.net . The deadline for all submissions will be March 19, 2008 at 5 PM EST. Thank you in advance for your cooperation.
The Amtrak Police FOP Lodge 189
Labor Committee Executive Board
January 21, 2007 - Union Avert Strike (Tentative Agreement)
Regarding the Tentative Agreement between Amtrak and Nine Unions -- below is a link to view the Tentative Agreement between Amtrak and The Brotherhood of Railroad Signalman which was signed on January 18, 2008. The Agreement for the other eight unions state the same. This Agreement has to be ratified by the their respective members. I suggest you read all twenty-five (25) pages very carefully and have a calculator handy to do the math. For example for the Contributions to Health Benefits (Cost Sharing) -- the total Cost Sharing amount to be deducted from their 40% retro pay totals $7486.50 -- also to be deducted COLA, Taxes and Retirement Taxes. Amtrak is offering 29.337% raise (6.087%, 3.25%, 2.5%, 3%, 3%, 4%, and 4.5%) (Example: A person making 40,000 x 29.337% will now receive 51735 and a person making 56000 x 29.337 will now get 72,429). The remaining 60% retro will be paid only if Amtrak receives funding.
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