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The United Rail Unions issued the following statement July 15, 2022:

The Rail Unions who are bargaining as part of the Coordinated Bargaining Coalition and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition attended the Public Interest Hearings hosted by the members of the National Mediation Board on Tuesday, July 12, 2022, and we thank the National Mediation Board for their efforts to help the parties reach a voluntary agreement. Unfortunately, the nation’s rail carriers continue to refuse to negotiate an agreement that our members would accept.

As a result, and as was expected, President Biden announced today that he is appointing a Presidential Emergency Board before the expiration of the cooling-off period at 12:00 a.m. on Monday, July 18, 2022. The Presidential Emergency Board will have thirty days to convene, hear the positions of the Unions and rail carriers, and issue recommendations for settlement of the dispute. A second thirty-day cooling off period will begin when those recommendations are issued.

The Rail Unions remain united in their efforts, and are now working together in preparation of a unified case representing the best interests of all rail employees before the Presidential Emergency Board. Our unified case will clearly show that the Unions’ proposals are supported by current economic data and are more than warranted when compared to our memberships’ contribution to the record profits of the rail carriers.

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employes Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these Unions represent approximately 115,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

An open letter from the office of SMART-TD President Jeremy Ferguson

Dear Brothers and Sisters,

Earlier today, I advised our Rail General Chairpersons involved in national bargaining that the cooling-off period after our release by the NMB will be ending Monday, July 18, at 12:01 a.m., and if a Presidential Emergency Board is not appointed by then, there will be the opportunity to engage in self-help. A copy of that letter can be found here.

According to the governing provisions of the SMART Constitution, a strike action over a national contract dispute must first be approved by a two-thirds vote of the affected General Chairpersons. This method, which has been carefully written and democratically required by our delegates, provides a quick and effective way to obtain strike authority from our members. As noted in my letter, our General Committees have so far shown unanimous support for exercising our right to legally strike, if and when the opportunity presents itself. This result does not come as a surprise, given the railroads’ abysmal treatment of our members over the last 2+ years, and their ongoing refusal to make any move toward a contract that is even remotely worthy of your consideration in a ratification vote.

As noted in my letter to our General Chairpersons, this approval does not automatically constitute authorization to engage in a strike. Final authorization will come in a separate notice from this office, and will be widely distributed using every communication tool available to us. The earliest this office could issue that notice could be on or after 12:01 a.m. on Monday, July 18, 2022. However, if President Biden establishes a Presidential Emergency Board (PEB) prior to this date, which is generally expected under these circumstances, no strike authorization can be issued during the PEB process.

With that being said, preparation for the possibility of a strike is well under way. We will soon be distributing materials to all affected SMART-TD Locals, which will include explicit detailed instructions. We will also be electronically distributing picketing materials so our members may choose which signs they want to display. This method of distribution provides the added benefit of avoiding any potential delays that might result from mass printing and mailing these materials from a central location.

Your national negotiating team is more determined than ever to obtain a contract that provides the fair compensation, meaningful improvements in quality of life, and better healthcare that we rightfully expect and deserve. To the carriers and their media pundits who are trying to cast us in a negative light: Your bogus rhetoric might resonate with the hedge fund managers, Wall Street investors, and billionaire cronies you cater to, but the hard-working people who earn you your all-time record-breaking profits aren’t buying it. Make no mistake, we are prepared and willing to exercise every legal option available under the Railway Labor Act to achieve our goals.

Fraternally,

Jeremy R. Ferguson
President, Transportation Division

Former Vice President Robert “Bob” W. Earley, who served our union’s membership for decades, died June 7, 2022, at Jones Memorial Hospital in Wellsville, N.Y., after a short illness.

Robert Earley

Brother Earley, a member of Local 610 (Baltimore, Md.), began his railroad career in 1963 starting with the B&O Railroad and became an active member of the United Transportation Union. He became secretary of the B&O General Committee in 1981. As he continued his advance in the UTU, he served as a general chairperson and was elected ninth vice president at the seventh quadrennial convention of the United Transportation Union before his retirement in 1999.

During his railroad career, Brother Earley studied the history of railroad labor at Cornell University and furthered his education at the George Meany Center for Computer Studies and Labor Relations. Following his retirement, he maintained a strong connection with his union by donating to its political action committee and as a member of the SMART-TD Alumni Association.

“He will be remembered for his work ethic, generosity and kindness. He loved life and was young at heart,” his family wrote in his obituary.

Brother Earley was married to the former Ann Campbell, who survives. Also surviving are two daughters; a son; eight grandchildren; six great-grandchildren; a brother; and loving nieces and nephews.

There will be no visitation. A memorial celebration will be held at the convenience of the family at a later date.

The SMART Transportation Division offers its sincere condolences to Brother Earley’s family, friends and to those who knew him.

Follow this link to read Brother Earley’s official obituary.

The United Rail Unions issued the following statement on June 15, 2022:

Following the conclusion of our third week of compulsory mediation conducted by the National Mediation Board (NMB), the rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition pursuant to Section 5 First of the Railway Labor Act, received a proffer of arbitration from the NMB.

As previously stated, all of the carriers’ proposals to date serve as an insult to our collective membership. These essential employees carried the railroads to their record profits throughout the last several years. As much as the rail unions would have preferred to reach a voluntary settlement, this has become the only viable path to reaching a satisfactory conclusion. The chiefs of all 12 rail unions wish to thank the NMB members and the assigned mediators for their efforts in trying to bring us to a voluntary agreement, and for their recognition that such an agreement was not possible under the current circumstances.

With regard to the proffer of arbitration, the NMB urged the parties to enter into an agreement to resolve the dispute via binding arbitration in accordance with Section 8 of the Railway Labor Act. If either party rejects the NMB’s proffer, or fails to respond prior to the deadline of 5 p.m. (EDT) on June 16, 2022, the parties will enter a 30-day “cooling-off” period where the status quo is maintained. While each rail union has its own process for considering whether or not to accept the NMB’s proffer, it is anticipated that we will unanimously reject it in the coming days. 

At any point during the aforementioned 30-day cooling off period, President Biden may appoint a Presidential Emergency Board (PEB), which typically consists of three to five members. The PEB will conduct a hearing and issue a recommendation regarding settlement of the dispute. The issuance of the PEB recommendation starts another 30-day cooling-off period.

During this second cooling-off period, the parties may choose to accept or reject the PEB’s recommendation. If either party rejects the PEB’s recommendation, or if the cooling-off period expires and the dispute has not been resolved, either party may engage in self-help.

If this happens, it is expected that Congress will intervene and end self-help by passing legislation to resolve the dispute. To address this possibility, we have already mobilized our legislative departments to get the message to our elected representatives. In addition to these efforts, we are urging our members to begin reaching out to their U.S. senators and House representatives to voice their support for a labor-friendly PEB, and, if necessary, labor-friendly legislation to bring this round of bargaining to a successful conclusion. The time to make our collective voices heard is now!

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these Unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

SMART-TD President Jeremy Ferguson’s testimony before the House rail subcommittee: June 14, 2022.

WASHINGTON, D.C. — SMART Transportation Division President Jeremy Ferguson told members of the U.S. House Subcommittee on Railroads, Pipelines and Hazardous Materials June 14 that freight railroads’ unchecked lust for profits is placing the safety of workers and the public at risk while causing further disruption to the nation’s transportation system.

In this photo courtesy National Legislative Director Gregory Hynes, SMART Transportation Division President Jeremy Ferguson prepares to testify June 14 before the U.S. House Rail, Pipelines and Hazardous Materials Subcommittee.

“The rail carriers are hell-bent on risking further injury to their employees as well as the American public and supply chain infrastructure by reducing or eliminating altogether the two crew members that control train movement in the cab of the locomotive,” President Ferguson said after detailing the accidents and injuries suffered by members in the period after he assumed leadership of the union. “Safety is not, nor should it ever be, negotiable.

“I assure you, accidents are occurring on short lines and yard jobs that operate with less than a two-person crew, but the rates and/or trends cannot be identified because the information is not captured,” he said. “In other words, the railroads have no idea what would happen if they reduced crew size, but it’s a gamble they’re willing to take for the sake of satisfying their insatiable appetite of improving their companies’ bottom line.”

Among the perils — a “steady, consistent and frightening trend” of railroads during their adoption of Precision Scheduled Railroading (PSR) of chopping their workforce, lengthening trains and focusing solely on profits at the cost of safety and service, Ferguson said. As a result, institutional knowledge also is walking out the door, leaving what was once “the premier blue-collar job” in the country struggling to find workers thanks to carriers’ adversarial measures toward employees, such as BNSF’s“Hi-Viz” attendance policy.

Statistics show that from 2020 to 2021 accidents and employee injuries both increased, Ferguson said. PSR’s penchant for long trains also has made workers’ jobs more difficult and less safe — increasing in-train forces that complicate train operations and exceeding the working range of hand-held radios. Communities are not immune from the effects as well — blocked crossings have disrupted local traffic patterns and hampered emergency services.

“Make no mistake, it’s railroad greed that I believe that has caused this committee to call us to be here today,” President Ferguson said. “I’m on record saying that the railroad industry is going to end up like Boeing. It’s not just the accidents that I’m referring to. It’s the lack of oversight and concern for the railroads’ constant capitulation to outside pressures that are creating the biggest dangers.

“I am not sounding the alarm here. I am screaming into the bullhorn for help,” he said. “If left unchecked, it’s my members who will end up maimed or killed, and it is America’s supply chain that will end up collapsed.”

Of note, in the panel featuring President Ferguson and other members of rail labor, only a single Republican had a question for the panel President Ferguson was on. It was not directed toward a labor representative.

Others testifying in the first panel Tuesday included FRA Administrator Amit Bose, who spoke on rail worker fatigue, long trains and the effects of PSR on Class I operations, and National Transportation Safety Board Member Thomas Chapman.

Additional witnesses on President Ferguson’s panel included Roy L. Morrison of the Brotherhood of Maintenance of Way Employes Division; Don Grissom of Brotherhood of Railway Carmen Division; TCU/IAM; transportation consultant Grady C. Cothen, Jr.; Nathan Bachman of Loram Technologies; and Norfolk Southern COO Cindy Sanborn who also represented the Association of American Railroads (AAR).

View video of the hearing.

Read President Ferguson’s full testimony

The United Rail Unions issued the following statement June 9, 2022:

The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their third week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.

These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.

The rail unions remain united in their effort to negotiate a fair agreement and stand together in rejecting all proposals that the rail carriers have advanced in our mediation sessions. Our members are the backbone of the rail network and they have earned a contract that recognizes their contributions. None of the carrier proposals to date come close to that; instead the carriers continue to advance proposals that insult the very employees that made their record profits possible.

Enough is enough, the only pathway to resolving this dispute is for the NMB to put forth a proffer of arbitration to move the dispute to the final steps of the Railway Labor Act.

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

This release is available in PDF form.

SMART Transportation Division President Jeremy R. Ferguson is scheduled to be a featured witness testifying next week in a hearing before the U.S. House Railroads, Pipelines, and Hazardous Materials Subcommittee.

SMART Transportation Division President Jeremy R. Ferguson

The hearing on freight rail safety is scheduled 10 a.m. June 14 at the 2167 Rayburn House Office Building in Washington D.C.

“I have great anticipation to again proudly represent the members of SMART Transportation Division and to state the truth about what rail labor is encountering, as we did before the Surface Transportation Board,” President Ferguson said. “The profiteering and safety-averse business operations carriers have adopted since starting Precision Scheduled Railroading have not improved service, safety or conditions for workers. In fact, all three of these areas have deteriorated. I look forward to addressing the representatives, giving specific examples of what is happening on the ground and stating the truth before the subcommittee.”

President Ferguson will have five minutes allocated to deliver testimony and then will answer any questions to him posed by subcommittee members.

FRA Administrator Amit Bose is also expected to testify on rail safety-related topics including train length, inspection procedures and other areas.

The session will be available to stream on the U.S. House website and links will be posted on our social media accounts for members to follow the hearing live.

The United Rail Unions issued the following statement June 2, 2022:

The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their second week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.

These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.

In spite of the unions’ best efforts to negotiate a fair agreement, the NCCC and the rail carriers that it represents still refuse to make a comprehensive settlement proposal that our members would even remotely entertain. In fact, the carriers continue to advance proposals that insult the hard-working union members who have carried our nation through the pandemic.

Although all of the involved unions would prefer to reach a voluntary agreement, it has become quite clear at this point that the rail carriers will not bargain in good faith to that end. For that reason, all of the involved rail unions are again requesting that the NMB put forth a proffer of arbitration to move our contract dispute through the remaining steps of the Railway Labor Act.

Additional information will be provided as developments warrant. We appreciate your continuing support.

View this release in PDF form.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employes Division (BMWED) and SMART Mechanical Division (SMART-MD) are also bargaining as a coalition.

Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

May 24 marks the rollout of the Membership 101 portion of SMART University, an online video-based educational resource designed for new SMART Transportation Division members to get acquainted with their union.

The first flight of releases includes video primers on local meetings, the roles of local officers, how to approach a carrier investigatory hearing and other important topics for union members.

At this time, access to these videos is exclusively as a resource available in the Member Portal of the revamped SMART website. Instructions on how TD members can create an account to access the Member Portal are available on the website.

“This is an exciting project that we’ve been working on for some time,” SMART Transportation Division President Jeremy Ferguson said. “These videos can be accessed anytime and anywhere. In conjunction with our Regional Training Seminars and other training efforts, we’re hoping that these serve as building blocks to engage one another and to make our union stronger.”

Suggestions for future videos can be emailed to the TD President’s Department at president_TD@smart-union.org.

Additional educational efforts for union officers are forthcoming and are expected to be rolled out very soon.

Members of the SMART Transportation Division and other unionized rail workers came together for a day of protest May 10 outside the North American Rail Shippers (NARS) annual meeting.

Early in the day, SMART TD Kansas State Legislative Director Ty Dragoo, New Mexico State Legislative Director Don Gallegos, TD Auxiliary President Kathryn Seegmiller and many other union members, spouses and supporters spent hours outside and around the Kansas City Marriott Downtown in Kansas City, Mo., to draw attention to Class I carriers’ Precision Scheduled Railroading scheme, BNSF’s “Hi-Viz” attendance policy and the fact that National Rail Contract negotiations are approaching a third year.

“We had people joining in just walking by, people honking showing support as they drove by,” Dragoo said. “We had people from many different Class 1 railroads there, not just BNSF.”

Some of the protesters outside the North American Rail Shipper conference hold signs May 10 in Kansas City. (Photo courtesy Kansas SLD Ty Dragoo)

Dragoo thanked many of the lead organizers of the event, including SMART-TD National Safety Team Alternate Director — East and Kansas State Legislative Secretary Dan Bonawitz (Local 1409, Kansas City, Kan.), Kansas State Alternate Legislative Secretary Mike Scheerer (Local 94, Kansas City, Kan.), Legislative Representative Tim Alexander (Local 1532, Kansas City, Kan.) and Local 1532 Trustee Matt Collins, as well as 1532 member Jason Bluett and member Rodney Sparks of Local 5 (Kansas City, Mo.).

“Dan Bonawitz and his team have done a tremendous job getting the word out. These events are crucial as we wage the war of public opinion in legislatures across the country and congress,” Dragoo said. “Citizens need to know that their communities are in danger not only by reducing crews from a public safety standpoint, but the economic impact that has on communities when good union jobs leave. We will keep the fight up and we won’t back down!”

The demonstration outside the NARS gathering, which was attended by C-suite-level executives from many of the Class I freight railroads, was not the only coordinated demonstration that has taken place.

More than 100 people took part in informational pickets in Guernsey and Gillette, Wyo., Local 465 Chairman Kevin Knutson told the Platte County Record Times.

“The goal of this informational picket was to raise awareness with the public of the BNSF Railway policies that are not only degrading our workforce and harming our families but directly impacting our communities and increasing the cost of goods for all Americans,” he told newspaper reporter Mark DeLap. “The informational picket was also an effort to spotlight how BNSF Railway is directly at fault for the regressive policies causing these hardships.

“We, as families, friends, employees and retirees, have never experienced such an antagonistic approach to a workforce and their employees before,” Knutson said.

SMART TD Local 445 was in attendance at the May 15 rally in Ft. Madison Iowa.

A protest coordinated by TD officers, the SMART TD Auxiliary and other rail labor groups also occurred April 30 at BNSF parent company Berkshire Hathaway’s shareholder meeting.

Another rally was hosted by the Lee County Labor Chapter on Sunday, May 15 in Ft. Madison, Iowa. Dozens showed up at the informational protest and a news crew from ABC-affiliate WQAD8 was on hand to interview the protestors about their dissatisfaction with the Class I carriers.

There are two more informational protests scheduled in the greater Chicago area on May 25 and 26.

The first protest will be at the CN Glass Palace on Wednesday, May 25 at 5:30 a.m. Those attending should meet up on the corner of Ashland Ave. and Maple Rd.; or 1657 Maple Rd., Homewood, IL 60430. For more information see the first picture at the end of this post.

The second protest will be Thursday, May 26 at 5:30 a.m. at the Union Pacific Proviso Yard at 5050 W. Lake St., Melrose Park, IL 60160. For more information, see the second picture below.

Additional events will continue to be organized at all levels in order to inform the public and other groups about the concerns of rail workers.