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Good labor relations with elected officials can be summed up by knowing that the people who represent us in our state legislatures and Washington D.C. are familiar with our needs and concerns, and that they keep us informed on what is going on in their committee meetings and about legislation that might affect our membership.

Great labor relationships are when elected officials value our opinion and actively seek it out to help decide their votes and what legislation they write to bend the actions of government to the best interests of our membership. The latter is what is happening in Kansas under the leadership of State Legislative Director Ty Dragoo (Local 1503, Marysville, Kan).

In February of this year, Brother Dragoo was chosen to introduce Department of Transportation Secretary Pete Buttigieg and Congresswoman Sharice Davids (D-Kans., Dist.-3) at an event discussing the Bipartisan Infrastructure Law (previously known as the IIJA — the Infrastructure Investment and Jobs Act). This was a great showcase of the role that SMART plays in the labor community of the state. What’s more important is that on October 19, Secretary Buttigieg came back to the state to hold a series of events and round table discussions about how to move forward and Brother Dragoo was brought into the thinktank to be consulted. 

Labor Secretary Marty Walsh meets Kansas State Legislative Director Ty Dragoo on Oct. 19 in Kansas.

Along with Secretary of Labor Marty Walsh, Secretary Buttigieg and Rep. Davids, SLD Dragoo helped form discussions surrounding the implementation of federal dollars in both Kansas and nationwide. In one of the multiple events of the day, SLD Dragoo was the only representative of the labor community at the table with the White House contingent along with a handful of contractors. Brother Dragoo’s role in these important discussions is indicative of the expanding role SMART-TD is playing in recent days when it comes to forming public policy.

When asked about the day’s events, Brother Dragoo described how refreshing it is to be treated as a contributing player of the team rather than being viewed as an opponent. He went on to say that the access that our union has been given to the Biden team is unprecedented in his 12 years as the SLD of Kansas. 

In his words, “With past administrations, labor was considered and given a spot at the table on some issues, but with the Biden administration, the meeting doesn’t happen unless labor is represented.” 

Kansas State Legislative Director Ty Dragoo, left, meets with federal Transportation Secretary Pete Buttigieg on Oct. 19 in Kansas.

The emphasis the administration has placed on labor has given SMART added clout with Congress as well. SLD Dragoo receives calls weekly from Davids to discuss upcoming votes she has and how to best represent SMART members in Kansas.

“It’s this kind of a productive relationship that allows us to create a better future for our members,” Dragoo said. 

In the past year, Kansas has seen the fruits of these relationships in the form of 26 newly funded projects for the Kansas Department of Transportation. These projects are beneficial to Transportation Division and Sheet Metal members alike.

It’s said that change is inevitable, and it’s up to you whether you merely react to that change or if you become the agent of it. SLD Dragoo and SMART-TD’s National Legislative Department have positioned themselves well to have a big hand in what is to come in Kansas as well as in the rest of the country. 

“SMART really has become the leader of labor in Kansas,” Dragoo emphasized. “With continued support from SMART members, we can create better careers and a better country for all of us.”

IMPORTANT MESSAGE TO ALL SMART-TD MEMBERS SUBJECT TO NATIONAL RAIL NEGOTIATIONS

As you are likely already aware, SMART Transportation Division members will soon be voting on the 2022 Tentative National Rail Agreement. As required by Article 21B, Section 91, of the SMART Constitution, voting information will be mailed to all eligible members via USPS first-class mail.

In order to ensure that you receive your balloting materials in a timely manner, please take a moment to log in to the SMART Member Portal or the SMART App to verify or update your contact information as necessary.

It should be noted that Article 21B, Section 49, of the SMART Constitution states that it is the members’ responsibility to keep SMART-TD apprised of their current home address. It should also be noted that in most cases, the railroads do not provide employee contact information to the unions. In other words, if your employer has your current home address on file, it is not safe to assume that SMART-TD has that same up-to-date information on file!

In accordance with the requirements of the SMART Constitution, ratification voting will be conducted and overseen by an independent certified election services provider. Votes will be collected and tabulated using a secure telephonic voting system. In order to cast their votes, members will be required to provide the unique login information that will be mailed to their home address.

Additional information regarding the upcoming ratification vote, including the exact dates for mailing and tabulation of ballots, will be distributed to our members following the conclusion of the current Question and Answer period.

A link to the SMART Member Portal can be found here: https://www.smart-union.org/members/

The SMART Union app is available by texting the word APP to 67336 or for download on Apple’s App Store or Google Play.

BLET President Dennis Pierce (center, in black) and SMART-TD President Jeremy Ferguson at right, in blue, speak with the hundreds of attendees at the Houston Solidarity Rally on Oct. 17.

SMART Transportation Division President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce stood shoulder-to-shoulder as they answered direct questions from a standing-room-only crowd Oct. 18 at the annual Solidarity Rally for Rail Labor in Houston, Texas.

SMART Transportation Division President Jeremy Ferguson speaks during the Houston Solidarity Rally Oct. 17.

Hundreds of members and officers from SMART-TD, BLET and the Brotherhood of Maintenance of Way Employes Division (BMWED) — the nation’s three largest freight rail labor unions — gathered to address hot-button issues in the industry, including the tentative National Rail Agreement (TA), to be voted upon soon by TD members.

“It was a great opportunity again to collaborate with BLET President Pierce, to get the facts out there at a face-to-face event about what’s going on in our industry,” President Ferguson said. “SMART-TD, BLET and other unions went through more than two and a half years of negotiations. There’s a lot to unpack about where the industry is right now, and it was good for us to have a factual presentation about the PEB and how the tentative agreement was constructed.

“This was a very lively event, and one where we were able to get right down to an honest discussion about our members’ upcoming ratification process and the decisions that lie ahead,” he said. “Years ago, I don’t know if the degree of solidarity among these different unions would have existed. It’s open dialogue like this that’s a healthy way to combat some of the untruths that’s been floating out there regarding the tentative agreement. Both President Pierce and I are absolutely committed to working together as we continue to move forward, in solidarity.”

Along with President Ferguson, SMART General President Joseph Sellers and other officers enjoyed the hospitality of the Houston rally’s organizers. Special recognition goes out to General Chairperson Roy Davis and GCA Secretary Buddy Piland (GO 577) for putting the event together. As always, Local 1892 out of Houston was heavily involved in the hometown event, including Vice Local Chairperson Keith Green (LCA-577), Local Secretary & Treasurer Robert Maldonado, Legislative Representative Butch Boggess and retiree Dan Holak. General Chairperson Chris Alston (GCA-803) out of Local 1686, GCA Secretary Buddy Piland (GCA-577) out of Local 1205 and Darvin Scott of Local 524 also put in hard work at getting things rolling at the headquarters of SPJST Lodge 88.

Representatives from the SMART-TD Auxiliary, AFL-CIO, UTUIA, Railroad Retirement Board and NARVRE as well as United Healthcare, Highmark Blue Cross Blue Shield and a number of SMART-TD Designated Legal Counsel attended as well.

Local 1892’s Maldonado estimated that there were anywhere from 250 to 300 people in attendance, giving it the air of a “mini-regional” meeting, even after a two-year hiatus because of the COVID pandemic.

“GC Davis was telling me that 30 to 40 general chairpersons from throughout the country were in attendance and are looking forward to this event next year already,” Maldonado said. “Quite a few BLET GCs from the Texas/Gulf Coast area were in attendance as well. This rally is a multi-craft and multi-railroad (UP/BNSF/KCS/PORT TERMINAL RR) and from what I’ve been told, the biggest and best one held throughout the country.”

Maldonado said nine SMART locals participated as well as four BLET lodges and BMWED Lodge 1058.

“A big thank-you goes to the Houston-area Designated Legal Counsel Marc Zito, Sara Youngdahl and Clint McGuire for their continued support and sponsorship of this huge event. I don’t want to forget to thank SMART-TD Auxiliary 281 for their help with the decorations and SMART-TD Texas State Legislative director Kamron Saunders for sponsorship and support as well,” he said.

“I was told that this year’s rally was the best one yet and that having Presidents Ferguson and Pierce attend was a home run,” Maldonado said. “So we will start prepping for the 2023 Solidarity Rally next year. Everything is BIGGER in TEXAS.”

Next on President Ferguson’s schedule is a discussion at the Tacoma Regional Training Seminar occurring this week.

The hotel booking deadline has been extended for the SMART Transportation Division’s Regional Training Seminar (RTS) to take place Nov. 14 through 17, 2022, at the Hilton Branson Convention Center in Branson, Mo.

Single- and double-occupancy rooms can now be booked at the event through Oct. 28.

Attending an RTS is an exciting opportunity for local leadership and members to engage one on one with union experts to help fulfill the need for local training closer to home.

The cost for TD members to register to attend the seminar is $50.

Registration for the event is open and available online via the SMART website.

The RTS includes classes on local governance, the roles of local legislative representatives and local chairpersons in protecting members and on the SMART Constitution.

The classes are taught by national officers and other subject matter experts associated with SMART-TD.

President Jeremy Ferguson also is scheduled to appear to answer membership questions.

To register for the seminar, visit https://register.smart-union.org/.

Please note: Attendees are responsible for making their own hotel reservations.

Room blocks have been reserved at both the Hilton Branson Convention Center and the Hilton Promenade at Branson Landing.

The SMART TD event rate is $189 per night (single/double occupancy), as mentioned, the deadline for hotel reservations is October 28 for the event rate.

This special rate is available for members beginning Nov. 14, which is the registration day for the RTS.

Classes will begin on the 15th and run through the 17th.

For more information, contact Gerald Sale at 870-761-0643 or by email at smartarslb@yahoo.com.

Go here for a printable flyer about the event.

The Federal Railroad Administration (FRA) announced Sept. 22 that the public comment period for the two-person crew size Notice of Proposed Rulemaking (NPRM) has been extended.

Stakeholders now have an additional 60 days to show their support for the minimum crew size of two in the cab of trains nationwide. The previous deadline was Sept. 26.

“This extension was requested by congressional Republicans on the Transportation and Infrastructure Committee and was granted by the FRA,” National Legislative Director Greg Hynes said.

He also pointed out that extensions are normal under rules of this magnitude: “It allows concerned members of the public and railroad workers alike to continue to support the truth — that safe train operations in this country are best maintained by following the Rule of Two.”

A public hearing on the matter also will be scheduled in the near future, FRA said in its Federal Register notice.

The deadline for the public to comment is now Dec. 2, according to the notice published.

As of midday Sept. 22, the NPRM had nearly 10,500 comments.

SMART-TD Local 653 (Chicago) is proud to announce the recognition of Legislative Representative Orlando Rojas as the winner of the 2022 Charlie Hayes Award for his work in the greater Chicago labor community.

On Sept. 30, Legislative Representative Orlando Rojas of Local 653 (Chicago) was honored with the Charlie Hayes Award for his labor work. Pictured, from left, are Illinois State Legislative Chairperson Jeff Votteler (Local 1597 – Chicago); Illinois Assistant State Legislative Director Joe Ciemny (Local 1534 – Chicago); Brother Rojas and Illinois State Legislative Director Bob Guy (Local 234 – Bloomington, Ill.).

This award is given by an organization known as Chicago Jobs With Justice (JWJ), which has a mission of training and developing activists in the community by building a permanent coalition of organizations to support ongoing worker outreach and workplace oversight.

The award Brother Rojas received is named after Hayes, a late congressman who served the state’s 1st District. Congressman Hayes was a labor leader in Chicago from 1938 to 1983. In addition to the 45 years he dedicated himself to organized labor, Congressman Hayes was also a leader in the civil rights movement, working alongside Rev. Martin Luther King Jr. to register voters in the South and was arrested in the 1980’s anti-apartheid demonstrations that were instrumental in the freeing of Nelson Mandela.

“I’m very happy for him and his family for the recognition,” said SMART-TD Illinois State Legislative Director Bob Guy, who was responsible for Rojas’s successful nomination. “Orlando epitomizes the essential work our commuter members performed during the pandemic and was gracious when accepting the award, in recognizing his fellow members in both passenger and freight service for the dedicated work they do during these still-challenging times.”

Brother Rojas is a conductor in passenger service for Metra, which provides commuter rail services in Chicago and the surrounding area. A member of SMART-TD for over 18 years, he has served in leadership roles in Local 653 for 15 of them, and both his interest in labor and in railroading have roots in his family history.

In the 1960s, his family immigrated to the United States from Mexico, and his grandfather settled in California. While in California, Rojas’ family worked in agriculture and were members of the movement led by Cesar Chavez and Dolores Huerta that organized farm workers. His family was on the front lines of United Farm Workers Union (UFW) and were part of the famous series of work actions known as the Salad Bowl Strike.

Following that movement, Brother Rojas’ family moved to the Chicago area. His father worked for the B&O railroad as a maintenance of way employee and was a member of the Brotherhood of Maintenance of Way Employes union.

When asked to comment on his achievement, brother Rojas had a reaction that typifies the selflessness that he was recognized for:

“I want to use this moment to recognize the accomplishments and work of all the unsung heroes in labor today,” he said. “There are so many men and women in our community carrying the torch of past leaders like Charlie Hayes. This community is standing on the shoulders of a wonderful history of the labor movement, and I want to acknowledge and thank everyone involved in building on their accomplishments.”

Rojas also mentioned that he intended to nominate SLD Guy for the award when he found out that Bob had beaten him to the punch and had already nominated him. 

Brother Rojas’ hard work and dedication to his job, family, union and community are a testament to his rich family history and is a point of pride for his family here at the SMART Transportation Division.

SMART-TD joins the Chicago Jobs With Justice campaign in congratulating Brother Rojas. We would also like to join them in thanking brothers Rojas and Guy for all they do.

The CEO of the National Association of Chemical Distributors seems to understand how to fix the railroads better than the carriers do.

Supply Chain Dive published an opinion article Oct. 17 by Eric R. Byer, who leads the National Association of Chemical Distributors (NACD), in which he laid out some basic blueprints to rebuilding the American railroad industry.

NACD’s Eric Byer

Written from the perspective of heavily rail-dependent customers, Byer does a great job of laying out an overhead shot of the current state of the rail industry, and then poses the question, “Why are we in this predicament?”

Refreshingly, his answer is, “Because the freight rail companies put us here.”

As his column puts it, the root of the labor dispute and poor service to the customers spawn from the same source. The advent and spread of Precision Scheduled Railroading (PSR) has enticed carriers to indulge in a buffet of greed and railroad labor, the nation’s supply chain and the railroads’ captive customers are paying the price for carriers’ short-sighted indiscretions.

The article points out another victim of the carrier’s overreach may well turn out to be the American economy. As Byer points out and as the Association of American Railroads put out to the media back in September, a rail labor stoppage will cost the country $2 billion daily. 

From the perspective of the rail customers, Byer points out the obvious. The fact is that manpower issues on the railroad are making it difficult for rail-dependent companies to function, meet supply deadlines and be profitable. This is not a new thought, but Byer’s angle on how to address the problem is very different from the traditional one taken by railroad executives. 

Byer thinks the solution is to add more horses to the plow team rather than giving the farmer more whips. That is to say, creating a satisfied, fully staffed and not habitually broken workforce is a better fix than squeezing every minute carriers can legally get out those who are still working for them. 

He also discusses that, in addition to PSR, quality-of-life concerns led to the manpower shortage. He references the fact that our members are highly skilled professionals with extensive training who are subject to working standards that don’t meet the criteria of unskilled full-time workers.

It is good to know that there’s at least one CEO out there in Byer who can connect the dots between what he calls a “woefully inadequate” sick leave policy for workers, and American products not reaching the market, the subject of Surface Transportation Board and U.S. House hearings earlier this year.

Read Byer’s open column on supplychaindive.com

In a rare acknowledgment of the value railroaders bring to the table, New Jersey Gov. Phil Murphy (D) has named October 15 as “Railroad Workers Day”.

Gov. Murphy went on the record saying, “Through extreme weather events and a global pandemic, our state’s railroad workers have demonstrated extraordinary bravery despite significant obstacles. Their courage, as well as their role as the backbone of our state’s expanding transportation network, must not be overlooked. On October 15th – and every day – we honor the contributions of our workers not just as employees, but as New Jerseyans committed to promoting safety, efficiency, and economic activity in our local communities.”

By signing Senate Joint Resolution 86 (SJR 86), Gov. Murphy is giving a spotlight to rail labor in a moment when that light is desperately needed. As SMART-TD and other rail labor organizations engage in national rail labor negotiations with carriers who are willfully blind to the sacrifice and professionalism that our members embody, it is refreshing to hear that our answer to the call of duty has not gone unheard or unnoticed.

“Railroads continue to serve a crucial, and often overlooked, role in our society. Whether in transporting consumer goods or helping commuters get to and from work, we rely on rail services and railroad workers to keep our economy afloat,” said Assemblyman Daniel Benson (D), chair of the Assembly Transportation and Independent Authorities Committee. “By designating October 15th as New Jersey Railroad Workers Day, we carve out time to recognize the invaluable service railroad workers provide for the people of New Jersey.” 

N.J. State Sen. Patrick J. Diegnan (D) was the primary sponsor of SJR 86 and cited rail labor’s persistence through COVID-19 as one of the reasons he felt it necessary to push this resolution through. In reference to our efforts, Diegnan said, “Without their contributions, the pandemic’s adverse impact on New Jersey and its residents would have been exacerbated. These workers put themselves and their families at risk for the benefit of the entire state. This recognition is a token of our appreciation for the dedication and sacrifices of all railroad workers. I am extremely proud to be a part of establishing the annual ‘New Jersey Railroad Workers Day.’”

For his part, SMART-TD New Jersey State Legislative Director (SLD) Ron Sabol said, “The men and women moving freight and passengers through the pandemic were not only essential workers, they should be viewed as heroic. Wherever there is a crisis going on, you have railroaders putting it on the line to fix it.   Where there are wars, railroad infrastructure is always on the list of targets. Much is asked of our men and women, whether it means getting supplies to store shelves and nurses to their shifts during COVID or getting people out of the Ukraine to avoid civilian casualties. Railroad workers are getting it done everywhere you look. This consistent selflessness in times of chaos is why I thought it was important to get this bill done. These men and women deserve recognition and respect.”

SMART-TD would like to thank SLD Sabol, state Sen. Diegnan, Assembly Transportation Chairman Benson, Gov. Murphy and the state of New Jersey for putting in the work to get this bill through the legislative process. We look forward to celebrating Railroad Workers Day with you in your state for years to come.

NJ_rail_worker_resolutionDownload

The deadline for the booking discount for the SMART Transportation Division Tacoma Regional Training Seminar (RTS) has been extended one final time to 5 p.m. Pacific, Wednesday Oct. 19.

For SMART-TD members and officers planning to attend the event Oct. 24 to 27 at the Murano Hotel in Tacoma and stay over, that is your last chance to book a room and receive the $169 discount rate. Attendees should follow this link to get the hotel discount.

The SMART TD event rate is $169 per night (single/double occupancy), the last deadline for hotel reservations is 5 p.m. Pacific Time Wednesday, Oct. 19 for the event rate.

This special rate is available for members who wish to arrive as early as Sunday Oct. 23 or stay through Saturday Oct. 29. Overnight hotel parking is $22 per vehicle and includes unlimited in-and-out privileges.

Attendees are responsible for making their own hotel reservations on the Hotel Murano website.

The cost to attend all three days of the RTS is $65. Registration is done through the SMART website at register.smart-union.org.

Special single-day registration added

Washington State Legislative Director Herb Krohn has announced that a special one-day admission registration has been created for TD members in the immediate area who want to attend the Tentative Agreement, FRA NPRM and crew-consist presentations and the Q&A with President Jeremy Ferguson at the RTS on Oct. 27.

Registration is available through the SMART website and includes breakfast and lunch.

Cost for the single day registration is $35.

Local leadership and members can engage one on one with union experts to help fulfill the need for local training closer to home.

For more information, contact Krohn at hskrohn55@hotmail.com.

View a printable flier for the RTS

Brothers and Sisters,

It’s no secret that Precision Scheduled Railroading (PSR) has devastated this industry. And it’s no secret that safety and service have suffered, but now the most vulnerable among us are being threatened. In the carriers’ pursuit to remove themselves from the limelight of regulatory authorities and neglected shippers, they are now blindly rushing new-hire trainees through unilaterally expedited training courses that have slashed educational curriculums in the hopes of being able to reflect an inflated headcount to remove the proverbial wolves from off their backs.

Today, in far too many Class I training courses, newly hired employees are receiving less than half of the standard training times that existed little more than a year ago. Without so much as an improved educational mechanism, the railroads are falsely claiming the ability to train in less time with less on-the-job experience. The material has not changed. The way in which the education is delivered has not changed. The only thing different is the abbreviated time frame, which is unacceptable and a danger to us all.

Exacerbating this issue is the fact that the railroads are not adequately staffed for on-the-job training. Currently, a concerning number of complaints have been received by our National Legislative Office pertaining to trainees being trained by newly promoted conductors. This practice is reckless, irresponsible, and a violation of the applicable regulations. A carrier should never task a recently promoted conductor with the training of another new hire employee unless it has received explicit approval from the union, and only in very limited circumstances. Permitting an employee with less than 12 months of service to train a new hire employee is not only a violation of the regulations, but it has resulted in injuries and fatalities in the past and we cannot allow it to continue.

Additionally, accidents and incidents involving newly promoted conductors (those which have graduated from these shortened training programs) are occurring. It is critical that we be made aware of these mishaps so that we can follow-up with the employee to offer assistance, where needed, and to ascertain that the carriers are reporting in compliance with the regulations and/or their internal operating rules and procedures. As you are aware, the FRA relies on the carriers to self-report or self-police, so it is vitally important that we can verify their compliance in order to ensure proper accountability.

Lastly, we are asking you to please be on the lookout for your new brothers and sisters. Keep a watchful eye over them, but also encourage them to report the concerns and shortcomings they have experienced both in the classroom and in the field to the Unsafe Condition Report on our website or the SMART-TD app. Let them know that it is OK to bring these issues to us, and that their reports will be kept confidential. If you see a wrongdoing, please let us know. For example, if they are assigned to an employee with less than 12 months of service, or if they are involved in an incident that could serve as an indicator for a lack of training, please report that to your local representative as soon as possible.

Local officers, if you receive a report of this nature, please promptly pass it up to your General Chairperson and State Legislative Director for further handling. We are all in this together, and we have to have each other’s back, but we also have to hold the carriers accountable and to ensure they meet their mandate to provide a safe working environment.

In solidarity,
Jeremy R. Ferguson
President, Transportation Division