Author: bnagy

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This past week, SMART-TD’s Kansas Legislative Board engaged thousands of voters at the Kansas State Fair. Through their well-executed public outreach, the SMART-TD railroad union educated fairgoers about the dangers of long trains and blocked crossings. It was a message the public was ready to hear, as ordinary Kansans are on track to compose and mail an expected 3000 postcards demanding legislative action from their state representatives.  

The public wants new laws for shorter, safer trains

SMART-TD’s Kansas Safety and Legislative Director, Ty Dragoo, spearheaded the outreach project.  

“Any time you get to meet people you wouldn’t normally come in contact with and hear the stories of their personal interaction with the railroads, it is an eye-opener,” Dragoo stated. “The men and women working on the railroad are with them on their issues. We don’t want 15,000-foot-plus trains that block entire towns for hours at a time, and neither do they. To be able to have that conversation and follow it up by saying, ‘This is what our union is doing to fix it,’ and asking for their support is a powerful thing. The response we got from the people of Kansas was resounding support. As members and leaders of SMART Transportation, we need to do more of this kind of outreach.” 

A successful model to engage the public

At their dedicated booth, Ty Dragoo worked alongside volunteers from the state’s legislative board and SMART-TD Vice President Brent Leonard to connect directly with the public.  

It seemed that almost everyone had a story about a train that blocked roadways for hours, disrupted their daily lives, and some situations proved fatal.

Attendees were attracted to the booth by a video loop highlighting a recent Kansas derailment. They could then discuss their own stories with SMART-TD staff.

Fairgoers then sent their personal experiences to their state legislators on postcards. Thousands of signed individual heartfelt notes about rail safety and excessive train lengths were mailed courtesy of SMART-TD. 

The railroads cannot be trusted to look after community safety, so it falls to the SMART-TD railroad union to advocate for both rail workers and the public. Ordinary people will act to protect their communities if given the chance.  

Let Dragoo’s work at the Kansas State Fair serve as a model for initiatives in other states. It underscores the importance of meeting the public, amplifying their concerns, and organizing their support for vital legislative changes. State by state, SMART-TD can pave the way for safer railroads and stronger communities across the nation. 

The Canadian National Railroad (CN) has sent their crews rolling through communities without access to essential safety documents, ranging from operating rulebooks to their Emergency Response Guides (ERGs). The railroad’s electronic document system recently failed without a meaningful backup, placing everyone on or near their trains at risk.  

This situation raises serious safety concerns, especially as CN’s freight trains travel extensively across both the U.S. and Canada. 

Help SMART-TD track the impact of this problem. If you work for CN, fill out the safety condition report for every incident. The form is available on the SMART App and SMART-TD’s websites. 

CN railroader and Michigan’s Alternate State Safety and Legislative Director Eric Stanger told SMART News, “The idea that there is not an adequate contingency plan in place for this is mind blowing.” Brother Stanger went on to say, “In any other circumstance, CN would be handing out discipline for not having these documents, but because it’s on them, they are insisting the workforce violate their own operating rules.” 

App outage leads to risky business 

CN’s Comply365 app, which provides train crews with electronic access to rulebooks, timetables, federally mandated ERGs, track charts and other vital information, crashed this week. 

The app’s sudden loss stemmed from a systemwide software update gone wrong, leaving crews without critical resources as they navigate complex rail routes and handle hazardous materials from Canada to the Gulf Coast. 

Paper backups still needed, according to feds 

A recent ruling from the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) acknowledge that electronic systems can fail.  

They ruled that readily available physical copies of hazardous materials paperwork are required. Their decision is grounded in common sense: computers crash, our trains should not.

CN got an exception that’s unsafe for our members 

PHMSA granted CN a special permit in 2020 allowing them to use an entirely paperless system to provide hazmat data to their crews. This permit required a “reliable and readily available backup plan.” The current scenario, with Comply365 being unavailable in some areas for over a week, proves that those requirements were not met by CN. They did NOT hold up its end of the agreement, and SMART-TD members are at risk.  

Many of our CN brothers and sisters have not been able to access the backup software, known as Content Locker. After long hold times with the IT desk, many of them have not been given any solutions to the problems with their devices.  

Safe operations are further hampered because, while trains run 24/7, CN technical support closes from midnight through 6 a.m. daily.  

Backup failure causes problems 

Even when it works, Content Locker is out of date. The version of the ERG available on Content Locker is from 2020. Under normal circumstances, this would be disqualifying for any Class I railroad.  

Providing printed copies of the 2024 ERG for their employees, at a whopping $0.05 per page, was considered by the railroad to be too costly an investment in employee safety.  

PHMSA waiver nears its end date 

This is not the best time for CN to highlight that the system they’ve taken on a trial run is down or to try to obtain thousands of printed ERGs. Their special permit from PHMSA is currently up for renewal! 

So, for now, CN has every crew on their system running with outdated emergency response guides as their only available resource. Of course, that’s WHEN they’re available.  

Workers run with old info, deal with tech crashes 

Many of the CN members of SMART-TD report that they are also working with outdated timetables, and some are running without their daily bulletins. These crews must rely on conversations with other crew members to learn about temporary speed restrictions, work authorities, and other critical information that keeps them safe and out of trouble while navigating their day-to-day activities.  

Content Locker occasionally freezes their “Zebra” tablets, the technology platform provided by the railroad. The conductor/engineer must reboot and reconfigure the program each time to regain access to timely safety information.  

For anyone who has ever been on a 15,000-foot mixed freight train going 50 mph, you need answers to help keep your train on the rails and in compliance. Every document is essential, formally required, and crews do not have time to leisurely shut down and restart troubled tech when they need the information they contain.  

A carrier without a plan 

As SMART News found out in conversations with CN members, this is not the first time CN has had a systemwide outage of Content365. In 2022, the system was down for approximately three days. Despite this prior outage, CN hasn’t come up with a better solution in two years. This is unacceptable for worker and public safety. 

It could have been worse 

SMART News was able to contact CN members in multiple general committees, and we are happy to report that not all of these territories have had the same level of complications from the outage.  

General Chairperson Kenneth Flashberger of GCA-987 (Wisconsin Central) reported that his crews reported very little disruption in their service. In his territory, the outage inconvenienced crews for less than a day. The workaround provided by CN was successful, and crews consistently have had access to the data they needed via Content Locker.  

The outage affects safe operations 

By prioritizing electronic solutions over reliable, physical copies of crucial documents, CN has put its train crews and the public at risk. The bottom line is that CN failed to plan, and now SMART-TD’s men and women are at risk because of it.  

Any corporation willing to skirt federally mandated, common-sense safety protocols to avoid the cost of printing backup copies of timetables, rulebooks, track charts, and ERGs is not worthy of claiming “safety is a core value.” 

SMART Transportation Division President Jeremy Ferguson congratulates the American Train Dispatchers Association on their most recent accomplishment by organizing Genesee and Wyoming workers:

“While there are only six recognized Class I railroads in operation in the U.S. today, when it comes down to it, the Genesee & Wyoming’s footprint as a short line holding company makes it comparable to the nation’s biggest railroads. What the ATDA has accomplished with the G&W is a great thing for organized labor. As time goes by and the smaller railroads look at the bigger lines and decide to adopt the worst of the strategies those executives come up with, labor’s voice and our organizing efforts will grow in importance to protect the workers and the public. Congratulations to President Ed Dowell and the rest of the ATDA team for this victory!”

Genesee and Wyoming operates in 43 states and over 13,000 miles of short-line track.

Local 496 in Portsmouth, Ohio, has established an online fundraiser for the family of Joshua Bates, who died unexpectedly Sept. 5 from a heart attack while on the job.

Brother Bates was a conductor for Norfolk Southern and joined the union in May 2023.

“Joshua was not only a dedicated railroad brother but also a loving husband to Marie and a devoted father to their three beautiful children,” said Local 496 Secretary and Treasurer Benjamin Etterling. “His sudden passing is a tragedy that no family should endure, and it is during these dark times that we need to rally together.”

An online fundraiser has been established for Brother Bates’ family.

“The funds raised through this campaign will go directly to his family, assisting them with immediate expenses and ensuring they have the resources they need to navigate the challenging days ahead,” Etterling said.  “Every donation, no matter how small, will make a significant impact and provide much-needed comfort to Marie and the children.”

The SMART Transportation Division offers its sincere condolences to Brother Bates’ family, friends, his Local 496 brothers and sisters and all who knew him in this difficult time of loss.

Brother Bates’ obituary is available here.

In a significant victory for transit workers across Arizona, the state has enacted a new law, signed in July, which brings strict penalties for assaults on transit workers.

“Our transit workers play an essential role in our communities, ensuring safe and reliable transportation every day,” said Scott Jones, the SMART-TD transit union Safety and Legislative Director (SLD) for Arizona. “When it comes right down to it, my legislative board is sick and tired of people assaulting our brothers and sisters and getting away with it with just a slap on the wrist.”

Brother Jones worked diligently to navigate the complexities of Arizona’s divided state Legislature. His strategic approach and persistent efforts in rallying support were pivotal in overcoming the challenges posed by a fragmented legislative environment.

Jones was joined in his support of his crucial legislation by sponsor Sen. Justine Wadsak (17th District) as well as Rep. Consuelo Hernandez (D-21st District).

“This new law represents a new day in Arizona. If you put your hands on a SMART-TD member or any transit professional, you’re going to have to face real consequences,” Jones said.

“There were times when this bill was getting pushback from Democrats and Republicans alike, and [Wadsak] spoke our members’ truth to power and made everyone see this has nothing to do with politics,” he said. “It is a matter of right and wrong; safety versus violent chaos. She worked side by side with us, and our members and this state are safer for her efforts.”

As Arizona celebrates this new law, SMART-TD and its members can take pride in knowing that their voices made a significant impact. The protection and support of transit workers remain a top priority for SMART-TD, and this legislative victory is a clear demonstration of SMART-TD’s ongoing commitment to securing a safer future for all those who serve our communities through public transit and who use it.

Brothers and sisters,

For many Americans, Labor Day signifies the end of another summer, the start of school or just another welcomed day off from work.

For those of us involved in organized labor, it means so much more.

However, and whenever you are able to celebrate, I ask that you take time this Labor Day to educate those around you of how this country’s labor movement has impacted the working conditions for EVERYONE in this nation.

SMART-TD members participate in a Labor Day march in Ohio in 2023.

What this holiday is emblematic of is the celebration of the core values of SMART-TD and all Americans who built and are part of this country’s blue-collar middle class.

The contributions of the labor community keep that dream alive in this country today. The holiday’s a chance to reflect on the achievements of our predecessors. Their efforts provided the pathway to establishing lives today where the work you are willing to do ideally reflects your quality of life.

With that in mind, we ask that you and your family recognize that the fight is never over and that by intensifying your support for those engaged in labor fights, we can continue to extend that path here in the present.

This holiday weekend, I ask that we commit as union brothers and sisters to do two things:

First, we should reflect on these men and women who fought before and are fighting now. It strengthens this union and all of labor when we take the time to learn about labor history. Perspective is a powerful tool. The collective power of union solidarity is as important to our lives today as it was to workers in the 1800s. The stands we make against management’s greed are the same fights that have gone on for hundreds of years.

Second, this weekend is an opportunity for all of us engaged in the struggle to participate. We can take inventory of whether our commitment to our union is proportionate to what those who laid the groundwork before us have done. Child labor laws, minimum wages, the sanctity of health care being part of the compensation for our labor WERE NOT GIVEN TO US. They were fought for because we in labor took a stand.

The past four years have been among the most productive in the history of this country’s labor movement. Gains made by rail labor and also in the quality of life for working-class Americans across the country will be seen as key points in this era in American labor history.

Our movement’s recent progress was in no small part due to the actions taken by labor. It also was facilitated by people in power who value our viewpoint. Labor overall has benefited from a federal government that views laborers as experts in their respective fields, rather than CEOs and managers who dictate from on high, draw the largest paychecks and blatantly ignore the fact that labor contributes to their profits.

As we approach November, it is imperative that we factor this into our process of determining whom we should support. Do we want to face a resurgence of class warfare that threatens to erase historic gains and protections the labor movement has earned? Or do we want to see our progress be preserved and continue?

The world we live in provides many challenges to all in labor. We need every one of our proud members to be engaged to better the lives of all.

Let us keep the trails that were blazed by our predecessors clear, open, and accessible to all and make our own.

Please stay safe this holiday weekend!

In solidarity,

Jeremy R. Ferguson,

President, SMART Transportation Division

Following the East Palestine derailment, the Federal Railroad Administration announced they were going to survey the safety culture of all Class I railroads. While one railroad interfered with these investigations, the FRA was able to complete their evaluation of the Burlington Northern and Santa Fe Railroad (BNSF).  

Their results, published this week, are both interesting and predictable.

BNSF managers are ignorant of real safety concerns

As shown in this graph, BNSF’s managers had a consistently high opinion of how safe the workplace is that they oversee. The more closely an employee works with an actual train, however, the lower their estimation of how safely the organization runs. Here is the reality check:

BNSF has room to do more for our safety — a lot more

The FRA’s overall findings show that BNSF’s corporate policies may lean into the idea that safety is the company’s highest priority, but that message doesn’t translate into policies by the time it reaches craft employees. Specific areas of concern include:

  • Clear reporting systems and accountability.
  • Open and effective communication across the railroad.
  • Mutual trust between employees and management.
  • Fair and consistent responses to safety concerns.
  • Training and resources are available to support safety.

A large part of FRA’s efforts to analyze the safety culture of the country’s largest railroads is based on the responses to interview questions given by employees. As part of the process, random railroaders from T&E, Maintenance of Way, Mechanical, Communications (dispatchers), and, of course, management are interviewed.

The FRA’s entire 150-page report is available to the public.

The employees operating the trains and the communities they pass through are not as safe as they could be, and railroad managers appear to be blind to this fact. Saying “safety first” on the BNSF website doesn’t result in safer trains. Earning trust, then investing in accountability, communication and training does.

WASHINGTON, D.C. — Five railroads recently requested a special waiver to run their trains free from the oversight of the mandated safety technology Positive Train Control (PTC). The Federal Railroad Administration (FRA) denied their request in part due to union objections.

Greg Hynes, SMART-TD’s national legislative director, explains that “our opposition was grounded in a commitment to protect our members and the public from the risks associated with operating trains without PTC.”

Class I carriers BNSF and Norfolk Southern, and passenger carriers South Florida Regional Transportation Authority, Caltrain, and the New Mexico Rail Runner Express requested the waivers. Railroads often request waivers to critical regulation that protect the communities through which they operate, but that can impact their operating expenses. In this case, the expense of keeping critical safety technology in good working order. Deferring that maintenance is one way they can cut costs.

Waivers such as this one is one strategy the railroads employ to undermine the regulations they perceive as burdensome; despite the positive impacts the rules have on public and worker safety. Freight carriers often prioritize production over safety, as they were trying to increase the speed of trains without the vital safety overlay of PTC.

“The FRA’s denial of this waiver request is a victory for rail safety and underscores the importance of adhering to established safety protocols,” Hynes said.

Jared Cassity, SMART-TD’s Alternate Legislative Director, added, “SMART-TD will continue to be a vigilant watchdog in the FRA’s public comment process. We are dedicated to ensuring that safety regulations are not compromised and that our members work in environments where safety is not negotiable.”

SMART-TD, alongside the Brotherhood of Railway Signalmen (BRS), the AFL-CIO’s Transportation Trades Department (TTD), and the Brotherhood of Locomotive Engineers (BLE), opposed the request.

SMART-TD closely monitors the FRA’s public comment process as part of the union’s unwavering commitment to rail safety. Our members are the most at risk, which is why we continuously advocate for regulations that prioritize the well-being of rail workers, the safety of rail operations, and the communities in which we operate.

The railroads’ waiver was under review through FRA Docket Numbers FRA-2010-0039, FRA-2010-0045, FRA-2010-0051, FRA-2010-0056, and FRA-2010-0060.

SMART-TD is the Transportation Division of the Sheet Metal, Air, Rail and Transportation Workers union. The union is the largest rail union in the United States and represents several operating crafts.

FRA’s denial letter to railroads

FRA-2010-0060-0172_attachment_1Download

SMART-TD comment

SMART-TD-public-comment-on-5-railroads-subverting-PTCDownload

The Rail Workers Hazardous Materials Training Program has opened registration for its next four installments of hazmat/chemical emergency response training in Houston.

This training addresses OSHA- and DOT-required training in addition to procedures, different levels of response and worker protection in a hazardous materials emergency or release, weapons of mass destruction awareness and the incident command system.

The trainings are scheduled for the following dates at the Houston Fire Academy’s Val Jahnke Training Facility, 8030 Braniff Street, Houston, TX 77061:

  • Oct. 13-18, 2024
  • Jan. 12-17, 2025
  • Feb. 16-21, 2025
  • March 16-21, 2025

The Rail Workers Hazardous Materials Training Program is funded to provide this training by a federal grant from the National Institute of Environmental Health Sciences (NIEHS). The funding provides the following student expenses: travel, lodging and meals. In addition, an incentive of $175 per day is available to all training participants of these programs, except those who are able to secure regular pay through their employer, or are paid union officers.

2024.08.26_hazmat_training-1Download

Follow this link to register online.

For more information, call 202-624-6963 from 9 a.m. to 5 p.m. Eastern, Monday through Friday.

Amtrak General Chairpersons Francis Ariola (GO 663) and Rick Pauli (GO 769) are happy to announce a new tentative agreement with Amtrak. Ariola and Pauli’s committees represent over 2,100 Amtrak employees.

The seven-year tentative agreement includes:

  • A substantial general wage increase.
    • Short crew payments are included.
    • Retroactive to July 1, 2022.
  • Substantial paid parental leave.
  • Martin Luther King Jr. Day as a paid holiday.
  • Bereavement pay includes 3 workdays instead of 3 consecutive days off.
  • Overtime for employees who are on 3- and 4-day yard assignments on their relief days.
  • Increased training pay.
  • Compensation for deadheading to classes.
  • Increased new hire training per diem.
  • Increased conductor certification pay.
  • Pay protection for emergency annulments.
  • Dropped the “90% of the 75% and 80%” when working in the yard.
  • Current employees can keep AmPlan I health coverage.
  • Increased away-from-home expenses.

Details of the agreement will go out to the membership for ratification within the next few weeks. The balloting process will be conducted by TrueBallot, Inc.