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Greg Hynes, SMART-TD national legislative director

It’s difficult to imagine trying to pass off reducing the braking power of a freight train as a safety precaution, but that is exactly what BNSF attempted to do recently in a request to the FRA for a variance to increase the allowable amount of flow from 90 CFM to 120 CFM.

In their request, BNSF states that in order to reduce the slip/trip/fall risk that goes along with conductors and carmen walking a consist looking for leaks in a brake line, that they think it’s safer to depart the train with up to 120 CFM of flow and assume it will be able to stop when it has to.

FRA put out a Notice of Proposed Rule Making (NPRM) requesting public comments on BNSF’s request, and SMART-TD’s National Legislative Department was happy to oblige them. Below you can read SMART-TD’s response to FRA from Brother Greg Hynes, SMART-TD’s national legislative director.

BNSF-NPRM-Air-Flow-increase-Comments-FINALDownload

With the new year in full swing, it’s time to begin applying for scholarships for the 2023-24 school year. If you have a child or grandchild in college or about to attend college, now is the time to do your research and apply.

Some scholarships you might consider applying for are administered by the SMART-TD Auxiliary, UTUIA and Union Plus.

The Auxiliary of the United Transportation Union Scholarship by the SMART-TD Auxiliary is available to members of the SMART-TD Auxiliary who are in good standing, their children, step-children, grandchildren or step-grandchildren aged 25 or younger. This $1,000 scholarship is renewable for up to four years (for a total of $4,000) and the application period is January 1 – March 31. See the SMART-TD Auxiliary website for official rules and requirements and for instructions on how to apply.

The UTUIA administers a number of different scholarships. Of note is their college scholarship and trade school scholarship programs. Each kind of scholarship is available to UTUIA insurance policyholders, their children or grandchildren and offers 50 $2,000 scholarships. The college scholarship is renewable up to four years and the trade school scholarship is renewable up to two years. See the UTUIA website for official rules and requirements and instructions on how to apply to these and other scholarships offered by the UTUIA. The application period is Jan. 16 – March 31.

Union Plus awards $500 – $4,000 scholarships to members of participating unions, their spouses and their dependent children. Applications are due by January 31 each year. Visit the Union Plus scholarship page to learn more. Below is a list of SMART members who won scholarships from Union Plus last year.

Name of Scholarship Winner & AmountSMART LocalAffiliated SMART Member
Dalton Altimus – $500TD Local 426Scott Altimus
Katelyn Bale – $1,000SM Local 73Raymond Bale
Ethan Beightol – $500TD Local 631Aaron Beightol
Maya Garcia – $1,000SM Local 104Angelo Garcia
Zachary Palazzotto – $1,000TD Local 645Andrew Palazzotto
Erin Robinson – $2,000SM Local 17William Robinson
Marissa Ward – $550SM Local 486James Ward

SMART-TD features 16 scholarship programs on our scholarship webpage from our affiliates and other outside organizations within the rail, bus and airline industries that you, your children or grandchildren may be eligible for. At the bottom of the page are links to free scholarship databases that also may be of interest.

SMART-TD does not maintain its own scholarship program, nor does it oversee or otherwise play any role in the administration of any scholarships listed on our website. The scholarship programs listed on our website are solely responsible for the administration of their own scholarships. Any questions about these scholarships should be directed to the individual program and not SMART-TD.

If you know of a transportation-related scholarship that is not listed and that our members or their children or grandchildren may be eligible for, please let us know by emailing news_td@smart-union.org. Please include the sponsor, name of scholarship and the web address where more information can be found.

The Sheet Metal Division of SMART maintains its own scholarship page exclusively for Sheet Metal members and their families.

On November 4, 2022, the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse published information titled “Pre-employment Investigations for Drug and Alcohol Program Violations.” The Clearinghouse notice (see below) is a reminder to certain employers regarding a change requirement that went into effect Jan. 6, 2023.  On that date, three years of violation data will become available in the Clearinghouse and a pre-employment Clearinghouse query will satisfy the requirement to investigate whether a prospective driver had previous drug and alcohol program violations, as required by 49 CFR 391.23(e). This query will also satisfy the requirements of 49 CFR 40.25.

Please be aware the Clearinghouse contains only information about a driver’s drug/alcohol testing history when employed by FMCSA-regulated employers. If an employer is considering an applicant who was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.), that applicant’s information would not be reported to the Clearinghouse. In these situations, the employer still is required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 40.25.

For any questions, please contact FMCSA’s Drug and Alcohol Clearinghouse at clearinghouse@dot.gov.

Pre-employment investigations for Drug and Alcohol Program Violations

Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as set forth in 49 CFR 391.23(e)(4) and 382.413(b). 

Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)(1)-(3) and 382.413(a)). Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.

Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.

NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 382.413(c), since this information is not reported to the Clearinghouse.

Annual query requirements have not changed.

Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.

Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information.

The amounts of compensation subject to Railroad Retirement Tier I and Tier II payroll taxes will go up in 2023, while the tax rates on employers and employees will stay the same. In addition, unemployment insurance contribution rates paid by railroad employers will include a surcharge of 1.5%, down from 3.5% in 2022, due to an improved employment outlook since the beginning of the pandemic.

Tier I and Medicare Tax — The Railroad Retirement Tier I payroll tax rate on covered rail employers and employees for 2023 remains at 7.65%. The Railroad Retirement Tier I tax rate is the same as the Social Security tax, and for withholding and reporting purposes is divided into 6.20% for retirement and 1.45% for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20% rate increases from $147,000 to $160,200 in 2023, with no maximum on earnings subject to the 1.45% Medicare rate.

An additional Medicare payroll tax of 0.9% applies to an individual’s income exceeding $200,000, or $250,000 for a married couple filing a joint tax return. While employers will begin withholding the additional Medicare tax as soon as an individual’s wages exceed the $200,000 threshold, the final amount owed or refunded will be calculated as part of the individual’s federal income tax return. 

Tier II Tax — The Railroad Retirement Tier II tax rates in 2023 will remain at 4.9% for employees and 13.1% for employers. The maximum amount of earnings subject to Railroad Retirement Tier II taxes in 2023 will increase from $109,200 to $118,800. Tier II tax rates are based on an average account benefits ratio reflecting Railroad Retirement fund levels. Depending on this ratio, the Tier II tax rate for employees can be between 0% and 4.9%, while the Tier II rate for employers can range between 8.2% and 22.1%.

Unemployment Insurance Contributions —  Employers, but not employees, pay railroad unemployment insurance contributions, which are experience-rated by employer. The Railroad Unemployment Insurance Act (RUIA) also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount. The accrual balance of the Railroad Unemployment Insurance Account was $112.7 million on June 30, 2022. Since the balance was below the indexed $100 million threshold (currently $137.9 million), but above the $50 million indexed threshold (currently $67.0 million), this results in a 1.5% surcharge in 2023. There was a surcharge of 3.5% in 2022 and 2.5% in 2021.

As a result, the unemployment insurance contribution rates on railroad employers in 2023 will range from the minimum rate of 2.15% to the maximum of 12.0% on monthly compensation up to $1,895, an increase from $1,755 in 2022.

In 2023, the minimum rate of 2.15% will apply to 80% of covered employers, with 6% paying the maximum rate of 12.0%. New employers will pay an unemployment insurance contribution rate of 2.82%, which represents the average rate paid by all employers in the period 2019-2021.

Tax TypeRate – EmployeeRate – EmployerAnnual Taxable MaximumAnnual Tax Amount Employer
Tier 1 – Medicare*1.45%1.45%No MaximumNo Maximum
Tier 1 – Railroad Retirement6.20%6.20%$160,200.00$9,932.40
Tier 2 – Railroad Retirement4.90%13.10%$118,800.00$15,562.80
Total12.55%20.75%$25,495.20
*Additional Medicare Tax: Employees will pay an additional 0.9% Medicare Tax on earnings above $200,000 (for those who file an individual return) or $250,000 (for those who file a joint return). This additional Medicare tax rate is not reflected in the tax rates shown above.

Note: Tier 1 Medicare and Tier 1 Railroad Retirement tax rates are equivalent to Social Security tax rates set for 2023. Tier 2 Railroad Retirement tax rates do not apply to employees subject to Social Security.

Below are PDFs of various releases from the RRB on 2023 tax rates:

RRB Program Letter 2023-02 (PL 23-02)

RRB Reminders for 2023 (G-34)

Railroad Retirement and Unemployment Insurance Taxes in 2023 (NR 2207)

SMART-TD’s testimony begins at 2:17:56

The Federal Railroad Administration (FRA) held its much-anticipated hearing Dec. 14 to receive public testimony on its Notice of Proposed Rule Making (NPRM) regarding a minimum train crew size.

As it was set up, representatives from just two Class I carriers — Union Pacific and Norfolk Southern — the Association of American Railroads (AAR) and representatives of the American Short Line and Regional Railroad Association (ASLRRA) spoke first, followed by labor representatives.

On its face, this setup seemed to work to the benefit of the testimony of labor — the SMART Transportation Division (SMART-TD), Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Trades Department of the AFL-CIO (TTD).

With the viability of the conductor profession on the line before regulators — a position that the carriers continually attempted to stress in testimony that from their perspective was “outmoded” or “obsolete,” carriers put forth their argument that single-person crews and nomadic conductors would in no way worsen the already frail condition of the freight rail industry.

The Precision Scheduled Railroading playbook would call the conductor position “the largest impediment to reduced Operating Ratios on the line” that the stakes were too high not to anticipate political theater.

To that end, economists and second-tier carrier executives alike offered flimsy, speculative and hard-to-follow arguments that were highlighted by the premise that UP and NS want to take conductors off of trains in order to improve the quality of life for their conductors. They peppered in the fact that short line operators are going to have difficulty petitioning FRA for variance on these rules based on “nominal” details such as the percentage of their trackage that is on grades, the tonnage of hazardous materials they haul, and the fact that their engines aren’t equipped with alerters.

Among other arguments made by carriers were that:

  • A roving conductor dispatched in a truck from the crew room can get to and change a knuckle in two-thirds the time a conductor on the train could.
  • Company-provided cell phones would be used to fill the safety gap created by removing the conductor. (A major shift from them being biggest safety concern for operating crew distraction for the last decade and ignoring the fact that FRA law states cell phones are to be off and store out of reach.)
  • Having a single employee is simpler, and simpler is safer.
  • A second employee creates a distraction for the engineer.
  • The negative effects of cognitive demand placed on engineers by rail technology is speculative in nature.
  • And of course, Positive Train Control is the answer to all things conducting.

All of the carrier presentations neglected that FRA’s chief duty is to apply regulations when necessary in matters of safe and efficient transport of goods and passengers across the United States. Nowhere does it say that the FRA’s job is to align itself so that carriers have the easiest course to make money.

Following lunch, FRA’s board received a steady diet of facts upon hearing labor’s side of the argument. Simple to follow, devoid of the pretzel logic used by the carriers and buoyed by the reality of working on the railroad in the 21st century was given by BLET Vice President Vincent Verna, AFL-CIO Transportation Trades Department President Greg Regan and SMART TD’s own President Jeremy Ferguson.

“There is no greater risk to the safety of railroad workers and the communities they serve than the consideration of a reduction in crew size in the cab of a locomotive,” Ferguson testified. “Having conductors on trains saves lives and prevents disasters in ways technology cannot. Artificial intelligence absolutely has a role to play, but it cannot replace authentic human intelligence in railroading.”

Everyone who has worked on a railroad has had a close call, one of the reasons why the bigger carriers don’t want to participate in the voluntary C3RS system. The likely outcome being that a huge flood of data would come in showing just how important the conductor is to avoiding accidents, like an engineer’s experience President Ferguson mentioned in which a conductor got a three-year-old boy off the tracks before he was struck by the locomotive.

Labor also discussed:

  • How “Menu Diving” in display screens keeps an engineer’s eyes off the rails.
  • How PTC is a safety overlay not intended to be a replacement of manpower and is inoperable at yard speeds.
  • How artificial Intelligence is not a substitute for authentic human intelligence when something goes wrong.
  • How the Railroad Technology graveyard is full of gizmos that were supposed to be “the answer”
  • How removing the conductor from the cab will increase blocked crossings — “the public’s No. 1 complaint”
  • How removing the conductor from the cab eliminates all ability of a train crew to fulfill its role as first responders in emergencies.
  • How advocating for conductors to remain on locomotives is advocating for avoiding unnecessary safety risks.

Single-person operations and the nomadic “expediter” model carriers are looking to pilot already have flaws that make the concept impractical on its face, Ferguson also said.

“God forbid an equipment failure occurs on the line of road without a conductor readily available to act in a moment’s notice, but especially if the train has an entire community blocked off. There is little a lone engineer can do in that situation,” Ferguson said. “I want to be realistic here. The only way that we can assure the safest course is protected during train operations is by maintaining two crewmembers in the cab of the locomotive.”

Counter to the double-talk carriers make about safety being their top priority, their business practices, ruthless cuts and a continued deterioration of service, as well as an express desire of wanting to cut even more employees, shows that the fight over crew size isn’t about better service or running a safer, more efficient railroad — it’s about the bottom line.

“The railroads have proven their willingness to make decisions that are not in the interests of safety, but rather are in the interests of profit and shareholder wealth,” Ferguson said. “Railroad safety isn’t just for the men and women working on the rails. It’s for everyday citizens that take for granted that the railroad is safe. Without a doubt, I can attest that the removal of the conductor, should it be permitted, from the cab of the locomotive will not just be catastrophic to all rail workers, it will be inimical to the American public.”

Following the testimony of Verna, Ferguson and Regan, three conductors and one BLET Auxiliary member, the spouse of an engineer, did an excellent job reinforcing the vital role conductors play in our nation’s safety and commercial viability. 

The battle for two-person crews capped an important week for rail labor. Labor rallies occurred Dec. 13 in nine locations around the country, including at Capitol Hill, in conjunction with the STB hearing regarding UP embargoes and the FRA hearing to bring attention to the negative effects PSR has had on the rail labor workforce and the dangerous territory carriers have pushed the industry into.

National outlets, including CNN, have covered the fight to keep two on a crew, as part of our efforts.

There should be a word of caution attached to this positive attention. First, we are dealing with the federal government and Railroad Corporations, so we should absolutely be aware that just because logic is on our side, that absolutely does not ensure that we will win the day. On Dec. 14, your union leadership took the fight to the carriers and outclassed them. Now it is your turn to do the same. 

With just one day left in the submission period, SMART-TD asks all of you to submit comments to the FRA for this NPRM on two-person crews. We have almost 13,000 comments as of now and, this is not the time to let off the gas pedal, even though labor outshined the carriers’ efforts.

If you haven’t submitted a comment, please do. If you have submitted a comment, please have your spouse, children, parents and friends submit comments.

The SMART Transportation Division would like to thank Johnny Walker, (Local 610, Baltimore, Md.) , Nick Jochim, (Local 904, Evansville, Ind.), Jessica Martin (Local 594, Mineola, Texas), Natalie Miller of BLET Auxiliary’s Nebraska chapter, and SMART-TD Utah State Legislative Director Dan Brewer (Local 1554, Ogden, Utah) for providing additional testimony reinforcing why two should stay on the crew.

Follow this link to submit your comments in support of keeping two on a crew.

The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $182,700 to $188,000 beginning Jan. 1, 2023.

At the end of 2001, labor and management had agreed on various procedures to administer the annual changes in the amount of the lifetime maximum benefit under the ERMA Plan.

In conjunction with the formula established in 2001, a new lifetime maximum was calculated by utilizing the October 2022 consumer price index (CPI) data for Hospital and Related Services and Physician Services. The result is a lifetime maximum for 2023 of $188,000.

For individuals who have reached the lifetime maximum, the incremental maximum available is applied to eligible expenses submitted for dates of service on or after the effective date of the new maximum. For 2023, this amount will be $5,300.

This change will apply to all railroads and crafts participating in ERMA.

Many railroad employees have served in the Armed Forces of the United States. Under certain conditions, their military service may be creditable as railroad service under the Railroad Retirement Act (RRA).

The following questions and answers provide information on how military service may be credited toward Railroad Retirement benefits.

1. Under what conditions can military service be credited as railroad service?

The intent behind the crediting of military service under the RRA is to prevent career railroad employees from losing retirement credits while performing active-duty military service during a war or national emergency period. Therefore, to be creditable as compensation under the RRA, service in the U.S. Armed Forces must be preceded by railroad service in the same or preceding calendar year. With the exceptions noted later, the employee must also have entered military service when the United States was at war or in a state of national emergency, or have served in the armed forces involuntarily. Military service is involuntary when an employee is required by law, such as Selective Service System conscription or troop call-up from a reserve unit, to leave railroad service to perform active duty military service.

Only active-duty military service is creditable under the RRA. A person is considered to have been on active duty while commissioned, or enrolled, in the active service of the Armed Forces of the United States (including the U.S. Coast Guard), or while ordered to federal active duty from any reserve component of the uniformed armed forces.

2. What are some examples of creditable service performed by a member of a reserve component, such as the Army Reserve?

Any military service a reservist is required to perform as a result of a call-up to active duty, such as during a partial mobilization, is creditable under the RRA, so long as the military service is preceded by railroad service in the same or preceding year.

Annual training duty as a member of a reserve component of a uniformed service is also considered active duty and may be creditable, provided the railroad employee service requirement is met. The period of active duty for training also includes authorized travel time to and from any such training duty. However, weekend alone or evening reserve duty is not creditable.

Active duty in a state National Guard or state Air National Guard unit may be creditable only while the reservist was called to federal active duty by Congress or the president of the United States. Emergency call-up of the National Guard by a governor for riot or flood control would not be creditable.

3. What are the dates of the war or national emergency periods?

The war or national emergency periods are:

  • August 2, 1990, to date as yet undetermined.
  • December 16, 1950, through September 14, 1978.
  • September 8, 1939, through June 14, 1948.

If military service began during a war or national emergency period, any active duty service the employee was required to continue in beyond the end of the war or national emergency is creditable, except that voluntary service extending beyond September 14, 1978, is not creditable.

Railroad workers who voluntarily served in the armed forces between June 15, 1948, and December 15, 1950, when there was no declared national state of emergency, can be given Railroad Retirement credit for their military service if they:

  • performed railroad service in the year they entered or the year before they entered military service, and;
  • returned to rail service in the year their military service ended, or in the following year, and;
  • had no intervening nonrailroad employment.

4. How can military service be used to increase benefits paid by the Railroad Retirement Board (RRB)?

Railroad Retirement annuities are based on length of service and earnings. If military service is creditable as railroad service, a person will receive additional compensation credits for each month of creditable military service and railroad service credit for each active military service month not already credited by actual railroad service.

Creditable military service may be used in addition to regular railroad service to meet certain service requirements, such as the basic 10-year or 5-year service requirements for a regular annuity, the 20-year requirement for an occupational disability annuity before age 60, the 25-year requirement for a supplemental annuity, or the 30-year requirement for early retirement benefits.

5. Can United States Merchant Marine service be creditable for Railroad Retirement purposes?

No. Service with the Merchant Marine or civilian employment with the Department of Defense is not creditable, even if performed in wartime.

6. Are Railroad Retirement annuities based in part on military service credits reduced if other benefits, such as military service pensions or payments from the Department of Veterans Affairs, are also payable on the basis of the same military service?

No. While Railroad Retirement employee annuities are subject to reductions for dual entitlement to Social Security benefits and, under certain conditions, federal, state or local government pensions, as well as certain other payments, Railroad Retirement employee annuities are always exempt from reduction for military service pensions or payments by the Department of Veterans Affairs.

7. Are the unemployment and sickness benefits payable by the RRB affected if an employee is also receiving a military service pension?

Yes. The unemployment and sickness benefits payable by the RRB are affected if a claimant is also receiving a military service pension. However, payments made by the Department of Veterans Affairs will not affect railroad unemployment or sickness benefits.

When a claimant is receiving a military service pension or benefits under any social insurance law for days in which he or she is entitled to benefits under the Railroad Unemployment Insurance Act, railroad unemployment or sickness benefits are payable only to the extent to which they exceed the other payments for those days. In many cases, the amount of a military service pension precludes the payment of unemployment or sickness benefits by the RRB. Examples of other such social insurance payments are firefighters’ and police pensions, or certain workers’ compensation payments. Claimants should report all such payments promptly to avoid having to refund benefits later.

8. Can proof of military service be filed in advance of retirement?

Yes. Railroad employees are encouraged to file their military service proofs well before retirement to expedite the annuity application process and avoid delays caused by inadequate proofs. Proofs can be mailed to an employee’s local RRB field office, or placed in the secure lockboxes/door slots outside of an RRB field office’s doors. (Lockboxes and door slots are checked daily.) Employee information will be recorded and stored electronically until an employee retires. All evidence brought or mailed to an RRB office will be handled carefully and returned promptly. 

If employees do not have an official record of their military service, their local RRB office will explain how to get acceptable evidence. 

9. How can an employee get more information about the crediting of his or her military service by the RRB?

More information is available by visiting the RRB’s website, RRB.gov, or by calling an RRB office toll-free at 1-877-772-5772. Persons can find the address of the RRB office servicing their area by calling the agency’s toll-free number or by clicking on the Field Office Locator tab at RRB.gov. RRB field offices currently offer limited in-person service by appointment. To schedule an appointment, call 1-877-772-5772. Individuals should bring a photo ID when visiting a field office, and, depending on guidance from the Centers for Disease Control and Prevention for the county in which the field office is located, may be required to wear an appropriate face mask. In such circumstances, if visitors do not have a mask, one will be provided for them. 

Dear Brothers and Sisters:

As you are undoubtedly aware, voting on the 2022 Tentative Agreement concluded yesterday evening at 11:59 p.m. Eastern time. I would like to sincerely thank each and every member who exercised their right to participate in this ratification, regardless of how you voted. While the final outcome is somewhat disheartening, I am proud to say that SMART-TD members turned out in record numbers, and your voices have been heard.

Before addressing the ratification vote results and our next steps, it is important to note that Article 21B, Section 91, of the SMART Constitution pertaining to national contract ratifications states, in pertinent part:

“A majority of the members voting of each of the crafts to be covered or affected by the terms of the proposed agreement shall be required to ratify the offer of settlement.”

This requires that each historic craft we represent (e.g., Conductors, Engine Service, Brakemen, Yardmen) must ratify for an agreement to ratify. 

It is also important to note that there are two separate agreements covering the affected SMART-TD members. Document “A” applies to members working in the crafts of Conductor, Engine Service, Brakemen, and Yardmen (collectively referred to as the “operating crafts”), while Document “B” applies specifically to Yardmasters. With that being said, the final results of SMART-TD’s ratification vote are as follows:

CraftIn FavorOpposedResult
Conductor50.8%49.2%Pass
Engine Service50%50%Tie
Brakemen50.2%49.8%Pass
Yardmen39.8%60.2%Fail
Yardmaster62.5%37.5%Pass

As a majority of the members voting of each of the operating crafts did not approve the 2022 Tentative Agreement, Document “A” has failed ratification. As a majority of Yardmasters approved the 2022 Tentative Agreement, Document “B” is ratified, effective November 21, 2022.

With respect to the operating craft members outlined above, SMART-TD has entered a cooling-off period that extends through December 8, 2022. The National Carriers’ Conference Committee (NCCC) has already indicated to us that they do not intend to engage in further bargaining over these issues. This has been their behavior to the other unions that have failed to ratify during this round of bargaining. Nonetheless, SMART-TD’s negotiating team will return to the table and invite the NCCC to reopen good-faith negotiations during this period.

If the cooling-off period expires and an improved Tentative Agreement cannot be reached, self-help will be available commencing at 12:01 a.m. Eastern time, Friday, December 9, 2022. There will be no need for this office to conduct another vote seeking strike authorization, as the results of our July 2022 polling and the unanimous approval of the affected General Committees of Adjustment still apply.

Please note that this letter does not automatically constitute authorization to engage in self-help. Final authorization will come in a separate notice from this office. The earliest such notice could be issued would be on or after 12:01 a.m. on Friday, December 9, 2022. However, there is a distinct possibility that Congress may pass legislation to resolve this dispute and/or impose an agreement prior to the expiration of our current cooling-off period. In that event, no self-help authorization can be issued.

As additional information becomes available, updates will be shared with all SMART-TD members via email, the SMART Union website and Transportation Division social media pages.

With best wishes and sincere gratitude for your continued support, I remain

Fraternally yours,

Jeremy R. Ferguson
President – Transportation Division

Follow this link for a printable version of this letter.

Today and every day, I always take a moment to acknowledge and thank our SMART Transportation Division members who are fellow veterans of the United States military.

Our veterans are a source of pride to our organization for what they have contributed and sacrificed for the good of our union as well as our country. As a U.S. Army veteran, I hold a great affinity and a greater respect for the commitment our veterans made to a higher cause while in the military and then afterward to what your experience contributes to our union. Your leadership skills and emphasis on teamwork are in many ways the glue that holds our SMART-TD together in the face of the challenges we deal with on a daily basis.

We urge all of our SMART-TD military veterans to let us know the details of their military careers via the SMART app or Member Portal so that we can continue to recognize and amplify the importance of our veterans to our union. We also continue to periodically update our Veterans Services page with resources that may be beneficial to you and all our American heroes who work among us.

One of the key goals of my administration remains to give our military veterans the recognition they deserve for having answered the high call of defending the freedoms that we enjoy. Please encourage your fellow veterans in the union to communicate information about their service via the SMART app or Member Portal so they may be given the credit they appropriately deserve.

Each and every veteran should feel a sense of appreciation and honor on Veterans Day. On behalf of SMART Transportation Division, I offer my thanks to you and all U.S. military veterans for your and their service.

Fraternally,

Jeremy Ferguson
President — Transportation Division
U.S. Army, 1988-1991

Services, discounts and events

As an annual tradition, many businesses provide free services or discounts to veterans and there are a number of events nationwide honoring veterans. Please see the links below to some of those that are available this year.

Thomas Wall

Switchman Thomas A. Wall, 22, of Local 206 (Peru, Ind.) died suddenly on Oct. 19 after experiencing a flare-up of an autoimmune liver disease while at work. His family said that he was responding well to treatment and was looking forward to returning to work after undergoing a few more procedures.

A 2018 graduate of Speedway High School, Brother Wall enjoyed computer gaming and model railroading. After high school, he attended Michigan Tech University where he was a member of the Railroad Engineering & Activities Club. His dream job was to work for the railroad, a dream which came true when he hired on with Norfolk Southern earlier this year.

Brother Wall is survived by his parents Dennis (a retired railroader) and Crystal Wall; sister, Melanie Wall; grandparents, Russell and Janet Beery; many aunts, uncles, cousins and his newly-adopted cat, Nubbs. He was preceded in death by his mother, Terri L. (Glidewell) Wall; grandparents Carl and Jeanne Wall, Hubert Jr. and Gloria Ann Glidewell; as well as an uncle, Edward G. Wall.

Brother Wall enjoyed model railroading.

Donations for funeral costs may be sent directly to the family: Dennis & Crystal Wall, 2726 Patton Dr., Indianapolis, IN 46224.

SMART-TD offers our heartfelt condolences to the Wall family, Local 206 and to all who knew and worked with Brother Wall.

Follow this link to view Brother Wall’s official obituary or to leave condolences.