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Sumwalt

Robert Sumwalt, chairman of the National Transportation Safety Board (NTSB), reported some preliminary findings Monday afternoon of his agency’s investigation into the Amtrak-CSX train collision that occurred Feb. 4 near Cayce, S.C.
The train had 139 passengers and eight crewmembers on board. The engineer and conductor in the cab of the locomotive were killed and six passengers remain hospitalized, two in critical condition. SMART TD conductor Michael Cella of Local 30 in Florida was one of two Amtrak crewmembers killed in the accident.
Based upon the event data recorders located within the Amtrak locomotive, Sumwalt said, Amtrak Train 91 was not speeding at the time of the collision.
He said Amtrak’s data recorder had the following information:

  • The train horn was sounded for three seconds at the seven second mark before the collision.
  • The train was traveling at a maximum speed of 57 mph in a 59-mph zone.
  • The engineer moved the throttle to idle and had applied the emergency brakes before the collision.
  • At the time of the collision, the train had reduced its speed to 50 mph.

Sumwalt stated that the reason for the 59-mph speed limit in the area was attributable to track signals being inoperable due to CSX performing upgrades to their track signal system to switch over to positive train control (PTC). He said a track warrant system was in place, and Amtrak had been given clearance to operate in the area.
As previously reported by Sumwalt, a switch had been thrown to allow a CSX train to back into a side track. The switch had never been released back to its original position, and the Amtrak train entered the track where the CSX freight train was parked instead of continuing on the main track.
Sumwalt said that the CSX dispatcher had been notified that the siding operation had been completed and so gave Amtrak clearance to proceed through.
Typically, when the dispatcher is given notification that such a proceeding has been completed, it means that the switch has been moved back into position. The NTSB is investigating as to why the switch had been locked into position for the siding.
Sumwalt reported that interviews with CSX’s engineer, conductor, trainmaster and dispatcher had been conducted Monday along with some of Amtrak’s crew.
Additional interviews are planned for Tuesday. No information about the content of the interviews was released.
The information provided in Monday’s press conference is considered preliminary, and no conclusions should or can be drawn until the NTSB’s investigation is complete and official causes are released by the agency.

A current SMART Transportation Division conductor and a former member were killed when Amtrak Train 91 traveling from New York to Miami collided early Feb. 4 with a stationary CSX freight train east of Columbia, S.C.
Brother Michael Cella, 36, of Orange Park, Fla., was a conductor out of Local 30 in Jacksonville, Fla. He, along with the train’s engineer, Michael Kempf, a former SMART TD member out of Georgia, died in the accident, which injured more than 100 passengers, in Cayce, S.C.
Cella hired on with Amtrak as an assistant conductor in July 2008 and became a full member of SMART TD in September of that year.
The National Transportation Safety Board (NTSB) is investigating the collision that happened about 2:30 a.m. Feb. 4 when the Amtrak locomotive hit the locomotive of the parked CSX train head-on.
Train 91 was carrying eight crew members and 139 passengers, Amtrak said on a posting on its website.
“We are cooperating fully with the NTSB, which is leading the investigation, as well as working with FRA and CSX. CSX owns and controls the Columbia Subdivision where the accident occurred,” Amtrak said in a statement on Twitter. “CSX maintains all of the tracks and signal systems. CSX controls the dispatching of all trains, including directing the signal systems which control the access to sidings and yards.”
NTSB Chairman Robert Sumwalt also said during a news conference that CSX owns and operates the tracks that the Amtrak train was traveling. A switch that was “lined and locked” in the position to divert traffic onto the track where the CSX train was parked is being considered a cause of the accident.
“Key to this investigation is learning why the switch was lined that way,” Sumwalt said.
“We were able to see that it was actually literally locked with a padlock,” he said when asked by a reporter if there was any physical indication that the switch was faulty.
A statement issued by CSX offered condolences to the families of Cella and Kempf and said that the carrier was focused on providing assistance and support to those affected by the accident.
Sumwalt said that the forward-facing video recorder from the Amtrak locomotive had been recovered and was already transported to the NTSB offices in Washington D.C. for investigation.
The event recorders from both trains were still being sought, he said.
“Fully operational positive train control could have avoided this accident,” Sumwalt said.
In a tweet, NTSB said it expected to release additional information at 4 p.m. Eastern Feb. 5.
The Cayce accident is the third fatal incident in three months involving Amtrak trains. A derailment off an overpass in Washington state in December killed three passengers, and an occupant of a garbage truck that was struck by an Amtrak train Jan. 31 near Charlottesville, Va., also died.
Follow this link for video of the NTSB investigation.

SMART Transportation Division Colorado State Legislative Director Carl Smith reports that efforts by some state legislators to advance a Right to Work For Less bill were stopped in committee.
By a 6-3 vote, members of the state House’s Colorado House State, Veterans & Military Affairs Committee voted to postpone the bill indefinitely, effectively killing it.
It was the second time in two years that politicians in Colorado tried to undermine the right to union representation in that state, Smith said.
He said that many SMART members from both TD and sheet metal sides turned out Jan. 24 in Denver to have their voices heard by legislators.
The bill, this time known as HB18-1030 “Prohibit Discrimination Labor Union Participation,” was primarily sponsored by state Rep. Justin Everett and state Sen. Tim Neville, both Republicans.
Ten additional representatives and two additional senators also were signed on as sponsors of HB18-1030. The representatives were Perry Buck, Stephen Humphrey, Timothy Leonard, Kimmi Lewis, Patrick Neville, Kim Ransom, Lori Saine, Kevin Van Winkle, Dave Williams and Cole Wist.
The senators were Chris Holbert and Vicki Marble.
SMART TD members in Colorado are encouraged to vote accordingly the next time they see these politicians’ names listed on the ballot.

Washington, D.C. (January 31, 2018) – SMART Transportation Division announced today the introduction of the Safe Freight Act (S.2360) by U.S. Senator Heidi Heitkamp (D-North Dakota), which would require two crew members — one certified locomotive engineer and one certified conductor — on our nation’s freight trains.
S.2360 is a companion bill to H.R. 233, introduced in the House of Representatives by Congressman Don Young (R-Alaska). As of its introduction, the Safe Freight Act has five cosponsors in the Senate. H.R. 233 has 74 bipartisan cosponsors in the House of Representatives.
For several years, SMART Transportation Division has asserted that a minimum two-person train crew is a vital component of rail safety and sound public policy. In 2013, Transport Canada established a government mandate requiring two-person crews in response to the Lac-Mégantic oil train disaster when a freight train carrying 72 tank cars of crude oil derailed and exploded, killing 47 people after its single crew member left the train unattended. The United States has yet to follow suit with a federally promulgated rule or law, and only five states have implemented a two-person train crew requirement.
“We are very pleased that Sen. Heitkamp has introduced this vital rail safety legislation, said John Previsich, President of the SMART Transportation Division. “For the same reasons that we have a pilot and copilot on commercial jetliners, two qualified crewmembers are essential to the safe operation of trains through our nation’s communities. Bottom line economics should never be permitted to stand in the way of employee and public safety. The only safe way to operate a train is with two crewmembers on board the locomotive.”
Heitkamp has long supported requiring two-person train crews and is a key advocate for rail safety. On July 15, 2016, Heitkamp testified in favor of the pending two-person crew federal rule before the Federal Railroad Administration. The derailment of a crude oil train near Casselton, N.D., had led Heitkamp to launch an initiative to address emerging challenges in the wake of the state’s energy boom.
“When a disaster like the Casselton derailment sends shockwaves through our communities, we must do everything we can to prevent accidents and improve our ability to respond in the future,” Heitkamp said. “After the Casselton derailment, it was clear that having two crewmembers on board the train made all the difference to prevent the fire from escalating and threatening those living nearby. My legislation is a commonsense way to make our communities strong and safe while supporting an industry that is vital to North Dakota jobs and prosperity.”
S.2360 has been referred to the Senate Committee on Commerce, Science, and Transportation for further consideration.
Joining Heitkamp as cosponsors are U.S. Senators Tammy Baldwin (D-WI), Sherrod Brown (D-OH), Angus King (I-ME), Ed Markey (D-MA), and Elizabeth Warren (D-MA).

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The SMART Transportation Division, formerly the United Transportation Union, is the largest rail union in the United States representing members in all operating crafts, including engineers, conductors, trainmen, switchmen and yardmasters.

SMART Transportation Division has completed a reorganization and expansion of its webpage dedicated to assisting secretaries & treasurers of Locals.
The page is at https://www.smart-union.org/td/secretary-and-treasurer-tools/. It features guidance for new secretaries & treasurers as they embark upon their responsibilities to their Local, easy access to various membership and insurance forms, useful tools, guides on filing mandatory reports and on holding elections and tips for using the record-keeping software WinStabs.
Some guides for Local leadership and forms from the IRS are not yet linked on the page. These will be updated as available.

The office of Designated Legal Counsel Willard J. Moody, Esq., based in Portsmouth, Va., has extended an offer of service to SMART Transportation Division members who may have been unjustly fired for alleged Family Medical Leave Act (FMLA) violations.
Television station WNYT NewsChannel 13 out of Albany, N.Y., reported in early January that CSX was investigating more than 30 SMART TD members after they took FMLA days over the Christmas holiday.
FMLA, passed in 1993, protects workers’ jobs and allows for unpaid leave from work for medical or family reasons.
Moody said in an email that about 150 CSX employees were taken out of service and targeted for investigation for the alleged violations. Pending the results of the investigation, those workers could lose their jobs.
“We believe that CSX’s handling of these employees may violate federal law. Accordingly, we are contemplating legal action on behalf of these individuals,” Moody said.
Moody said his office is available for a free consultation for workers who have been pulled out of service and are being subjected to adverse action by CSX for alleged abuse of FMLA leave.
“There are limitations on how railroads may treat employees who they believe may have misused FMLA leave, and we believe CSX may have overstepped its legal rights in doing what it has done to employees who are currently out of service,” Moody said.
To contact Moody or Nick Thompson, an attorney with Moody’s firm with experience in FELA and FMLA cases, call 800-368-1033.

SMART Transportation Division Colorado State Legislative Director Carl Smith reports that legislators in his state are again considering a Right to Work For Less bill.
This is the second time in two years that politicians are attempting to undermine the right to union representation in that state, Smith said. The bill, this time known as HB18-1030 “Prohibit Discrimination Labor Union Participation,” is scheduled to be heard in the Colorado House State, Veterans & Military Affairs Committee at 1:30 p.m. Wednesday, Jan. 24.
“Last year, we were able to provide excellent testimony and pack the room to defeat this bad legislation and send a strong statement on our thoughts about the bill,” Smith said.
Smith again asks members to unite to provide a strong turnout in opposition to this attack and is seeking SMART TD members in his state to testify before the committee in Denver.
To sign up, visit this link: https://goo.gl/forms/JhLmxn5Q9h4Dycyr2 or email Smith at ColoSMARTUnion@gmail.com.
The goal of this type of legislation ultimately is to reduce your wages – to take money out of your pocket and to further line the pocketbooks of businesses at your expense. Right to Work For Less bills are falsely portrayed by their corporate-friendly backers as anti-discriminatory or as preserving individual rights. In reality, this kind of legislation is a thinly-veiled attempt to bust unions, to jeopardize union members’ livelihoods by making workplaces more dangerous and to maximize business profits by paying you less.
In 2008, Colorado voters were on our side and overwhelmingly rejected a ballot initiative that tried to install Right to Work For Less legislation in the state.
But since then, Smith said, misguided anti-union legislators have continued to introduce Right To Work For Less bills.
In this latest attempt, Colorado Rep. Justin Everett and state Sen. Tim Neville, both Republicans, are the primary sponsors. Everett’s office phone number is 303-866-2927. Neville’s is 303-866-4873.
Ten additional representatives and two additional senators also are signed on as sponsors of HB18-1030.
The representatives are Perry Buck, Stephen Humphrey, Timothy Leonard, Kimmi Lewis, Patrick Neville, Kim Ransom, Lori Saine, Kevin Van Winkle, Dave Williams and Cole Wist.
The senators are Chris Holbert and Vicki Marble.
Once we have come together to crush this legislative attack on our union and others, SMART TD members in Colorado are encouraged to remember this betrayal and to vote accordingly the next time they see these politicians’ names on the ballot.

The office of Walter Barrows, the labor member of the Railroad Retirement Board (RRB) announced changes to the board’s 2018 slate of informational meetings in a release distributed Wednesday.
Rail union officials and any interested rail employees within five years of retirement and their spouses are able to register for combined informational conference/pre-retirement seminars this year at the following dates and locations:
• March 23 in Roseville, Calif.;
• May 11 in Altoona, Pa.;
• Sept 21 in Bellevue, Wash.;
• Nov. 16 in Houston;
• Dec. 7 in Jacksonville, Fla.
The RRB still plans separate conferences and seminars at additional locations across the country. The board will post a schedule in the future on the RRB’s website (www.rrb.gov).
RRB field service managers will lead the combined programs and present the various railroad retirement benefits available to employees and their families and informational materials to attendees. The combined programs will close with a separate brief presentation spotlighting railroad unemployment and sickness benefits that will be conducted for those rail officials in attendance only.
More details on the informational programs, including registration forms, dates and exact meeting locations, will be available at www.RRB.gov under either Informational Conference Program or Pre-Retirement Seminars.

Local Secretary/Treasurers will find it easier to order supplies from the SMART Transportation Division office with the introduction of a fillable supply order PDF form on the SMART TD website.
All you have to do is visit the Local Toolbox and click under the Disbursements subheading.
After saving the file to your computer, you will be able to open the form using Adobe Acrobat Reader (get.adobe.com/reader) or if you have another program capable of reading PDFs.
Once you’ve filled out the PDF with your supply order, save the file on your computer and then email it as an attachment to SMART TD Supply Department Director Joe Shivak (jshivak@smart-union.org) to submit your order.
The cost of the supplies will be added to your “Supply Invoice Balance” on iLink and can be paid when working Step 4 of the monthly billing process cover sheet or as an extra disbursement to SMART TD. It is recommended that the Local’s supply invoice balance be paid off each month.
Orders for supplies still can be made by mail and by telephone, but orders using email will result in faster processing.
Only officers of a Local or the SMART TD President’s Department can make supply orders (including business cards) and the order must be approved by the Local in advance.

“Your Track to Health,” the web portal that distributes national railroad health and welfare plan information to SMART Transportation Division members, has added a new shorter URL for members to access.
To get the latest info on these railroad H&W plan offerings, TD members can go to either www,yourtracktohealth.com or to the shortened www.ytth.com in their web browsers as an alternative. Both addresses lead to the same site.
On the site, a page, “NEW BENEFITS FOR 2018: WHAT’S IMPORTANT TO KNOW”, presents healthcare modifications that accompany the new National Rail Agreement that was ratified by members last year.
Among the features:

  • An overview of benefits grid which outlines Medical and Prescription Drug benefit details;
  • A Summary of Benefits and Coverage (SBC) lookup option, which will let members know whether their benefits have changed and will take them to the applicable SBC; and
  • Links to access the Summary of Material Modification (SMM) Letters that were sent to members of the Railroad Employees National Health and Welfare Plan and the National Railway Carriers and United Transportation Union (NRC/UTU) Health and Welfare Plan.

Registration on the “Your Track to Health” site also allows members to access and make changes to their benefits and coverage, get contact information for benefits providers and provides healthy living tips.