A number of questions have arisen regarding the union’s ongoing educational efforts, Transportation Division Chief of Staff Jerry Gibson sat down for a Q&A clarifying the purpose of the 2022 SMART Transportation Division Annual Meeting and discussing how these efforts have changed as a result of the pandemic.

Amit Bose

Federal Railroad Administrator Amit Bose last week addressed a shippers’ conference and said that part of his agency’s rationale in approaching a minimum crew size rulemaking will be taking into consideration the carriers’ use of longer trains, Trains Magazine reported April 8.

“We think having a consistent standard for crew size across the country benefits the rail industry, benefits safety, and gives certainty on the regulatory environment when it comes to train safety,” Bose told the North East Association of Rail Shippers. “Also, coupled with that, don’t forget: The trains are running longer. The length of trains is growing.”

In 2014, FRA issued a Notice of Proposed Rulemaking (NPRM) on a minimum size for freight rail crews. Public comment was sought, thousands of Americans responded, including fire chiefs, police chiefs and emergency responders, with the vast majority of those submitted in favor of establishing a standard of at least a certified conductor and certified engineer present in the cab.

However, the NPRM was shelved by the Trump administration and former rail CEO Ron Batory in May 2019, who argued that there was no safety data to support the rule and tried to wipe out legislation passed by nine states that had ensured safe rail operations by establishing minimum freight crew sizes of two on a crew. Batory’s overreach was later struck down by a federal appeals court, and the NPRM was returned to FRA for consideration.

The agency has not relaunched the NPRM process for the minimum freight crew size rule, but when it does, Bose says FRA will be actively seeking comments from labor, the public and the carriers.

Read the full article from Trains Magazine.

The negotiating team is scheduled to engage in mediation for the latest national railroad contract on the following days:

  • March 31, 2022
  • April 6, 2022
  • April 11, 2022
  • April 20, 2022
  • May 4, 2022
  • May 5, 2022

We were released from mediation by the NMB on June 15. A proffer of arbitration was made, which the unions rejected. A 30-day cooling-off period began on June 17. The next scheduled meeting with the NMB for July 12 was fruitless. President Biden has issued an executive order establishing a Presidential Emergency Board.

A bill under consideration in the California Legislature would place employees of the Santa Cruz Metro under the umbrella of the state’s Public Employment Relations Board (PERB) to foster improved relations between public employees and management.

S.B. 957 was introduced in the state Senate by state Sen. John Laird (D) on March 17. The bill’s advance has happened in part thanks to the work of members of SMART-TD Local 23 in Santa Cruz, California State Legislative Board Director Louie Costa and General Chairperson James Sandoval (GC-SCM).

“The bill will protect Santa Cruz Metro workers from unfair labor practices moving forward,” Sandoval said. “It’s been a two-year project, and we still got work to do. This is absolutely huge.”

S.B. 957 would require employers and employees of the district to adjudicate complaints of specified labor violations before PERB as an unfair practice instead of in the superior court. By requiring the district to adjudicate claims before PERB, the bill would impose a state-mandated local program that would serve to harmonize relations between SCM management and labor.

“PERB jurisdiction will give us free oversight to make sure Metro bargains with our union in good faith during negotiations and gives us recourse in the event Metro commits unfair labor practices,” Sandoval said.

Members of the Santa Cruz Board of Directors received the appreciation of TD Local 23 and SEIU Local 521, which also represents some Santa Cruz Metro employees, for their support in getting the bill moved into consideration.

Among the supporters thanked were Kristen Petersen, Shebreh Kalantari-Johnson, Jimmy Dutra, Ari Parker, Manu Koenig, Rebecca Downing, Donna Meyers, Alta Northcutt and Laird.

“After a period of discord under the prior CEO, the support from the board has helped this bill advance along,” Sandoval said. “We’re going to do our best to make sure it gets fair consideration by state lawmakers.”

The bill is under review by the Senate’s Labor, Public Employment and Retirement Committee and is scheduled to be heard by the committee on April 18 at 3:00 p.m. The Judiciary Committee is scheduled to hear the bill on April 26 at 1:30 p.m.

Class I railroad officials have a two-day-long hearing before the federal Surface Transportation Board (STB) to prepare for later this month.

Reports from shippers to STB regarding poor service — the latest being a letter directly from the National Grain and Feed Association, a group representing more than 8,000 facilities — as well as a letter from Transportation Division President Jeremy Ferguson regarding precision scheduled railroading (PSR) and the self-inflicted worker shortages that have come with it have led up to the April 26 and 27 hearing.

The board, an independent and bipartisan federal agency charged with the economic regulation of various modes of surface transportation, primarily freight rail, announced the meeting April 7 in the light of indications of poor performance data.

“Rail network reliability is essential to the Nation’s economy and is a foremost priority of the Board. In recent weeks, the Board has heard informally from a broad range of stakeholders about inconsistent and unreliable rail service. The Board has also received reports from the Secretary of Agriculture and other stakeholders about the serious impact of these service trends on rail users, particularly with respect to shippers of agricultural and energy products. These reports have been validated by the Board’s weekly rail service performance data.”

Board Chairman Martin Oberman went into additional detail about how job cuts in particular have hampered the carriers.

“I have raised concerns about the primacy Class I railroads have placed on lowering their operating ratios and satisfying their shareholders even at the cost of their customers.  Part of that strategy has involved cutting their work force to the bare bones in order to reduce costs,” he said. “Over the last six years, the Class Is collectively have reduced their work force by 29% – that is about 45,000 employees cut from the payrolls.

“In my view, all of this has directly contributed to where we are today – rail users experiencing serious deteriorations in rail service because, on too many parts of their networks, the railroads simply do not have a sufficient number of employees.”

Carriers summoned to appear include BNSF Railway Company, CSX Transportation, Inc., Norfolk Southern Railway Company, and Union Pacific Railroad Company. Executive-level officials from the other three Class Is also were invited to attend, as were labor organizations and shippers.

The hearing will take place at the Board’s headquarters in Washington, D.C., with each session beginning at 9:30 a.m.

The SMART Transportation Division is pleased to announce the first joint SMART Union Annual Leadership Conference. The event will replace the former TD Regional Meetings, which have had a two-year pandemic disruption. Please pay close attention to the following details as several changes have been made.

The 2022 Annual Leadership Conference is scheduled to take place Aug. 8-11 at the San Francisco Hilton Union Square, 333 O’Farrell St., San Francisco, CA 94102. The conference will be reserved for state board and general committee officers and the event includes the Sheet Metal Business Agents’ meeting.

Details regarding costs, registration and schedule for the 2022 Annual Leadership Conference will be communicated as finalized and will be posted in the Member Portal on the union website.


Regional Training Seminar model to continue

For SMART-TD local officers, we are excited to continue our training strategy established during the COVID-19 pandemic of true “regional meetings.” The Regional Training Seminar (RTS) model was established to provide training close to the local in efforts to reduce the sometimes-prohibitive financial expense related to sending officers to these educational events. By providing training at multiple geographic locations and dates throughout the year, it will greatly assist in removing some of the logistical obstacles for local officers who want to attend.

During 2021, SMART-TD held four RTS in strategic locations that provided thorough and practical training for local officers. All were very well attended and received. General Chairpersons and SLDs will identify locations where there’s a demand for training and assist with organizing the event. We encourage locals and their officers to reach out if they would like an RTS. Once host locations are identified and chosen, information will be shared on our website and social media platforms about how to attend. 

In addition, online SMART University training for members and officers will be made available in the very near future. In-person local secretary & treasurer workshops also will continue to be offered by SMART-TD and promoted on the TD Local Toolbox page when details are finalized.

Training is the backbone of our organization and SMART Transportation Division leadership is committed to bringing access to educational materials to all members and officers.

A more detailed article with additional information about the new structure of SMART-TD’s educational efforts will be released very soon.

CLEVELAND (April 6) — Leaders of the U.S. House of Representatives Committee on Transportation and Infrastructure are asking the Federal Railroad Administration (FRA) to take action on a 2008 Congressional mandate to address rail worker fatigue at Class I carriers, with a specific reference to attendance policies such as those imposed at CSX, Union Pacific, and BNSF.

In an April 6 joint letter to FRA Administrator Amit Bose, Rep. Peter A. DeFazio (D-OR), Chairman of the House Transportation and Infrastructure Committee, along with Rep. Donald M. Payne Jr. (D-NJ), Chairman of the Subcommittee on Railroads, Pipelines and Hazardous Materials, remind the FRA Administrator of the Rail Safety Improvement Act of 2008 (RSIA), which established a law requiring railroads to implement fatigue management and reduction plans.

U.S. Rep. Peter DeFazio

“The Congressional mandate to mitigate fatigue among crewmembers and other safety-related workers is now a decade late,” Rep. DeFazio and Rep. Payne wrote. “Crewmembers and other craft workers have raised their concerns about being excessively exhausted at work, which is worsened by PSR. These workers cannot wait any longer, and neither can the communities through which trains travel. To mitigate attendance policies that contribute to fatigue and help ensure all safety-related workers are rested and prepared to do the job safely, we respectfully urge your agency to issue the fatigue risk management program final rule without delay, require its swift implementation, and meaningfully enforce it to ensure that the 2008 bipartisan Congressional mandate is met.”

U.S. Rep. Donald Payne Jr.

In the letter, Rep. DeFazio and Rep. Payne lay the cause of fatigue at the feet of the nation’s Class I railroads. The industry’s self-inflicted problems, such as inaccurate train lineups and the implementation of harsh attendance policies, contribute greatly to rail worker fatigue.

“We believe that attendance policies that not only contribute to fatigue but also penalize workers for taking off when fatigued or ill simply cannot co-exist with any serious fatigue risk management program,” the Representatives wrote. “Rather, these policies could incentivize employees to show up to work fatigued in order to avoid reprimand or termination. They also ignore the unfortunate reality that crewmembers already have unpredictable and unreliable schedules, which makes this line of work difficult for many, even before policies that further restrict their lives and abilities to obtain proper rest.”

Rep. DeFazio and Rep. Payne are also highly critical of the industry’s implementation of the so-called precision scheduled railroading (PSR) business operating model.

“Class I carriers have substantially reduced the size of their workforces since implementing precision scheduled railroading (PSR) at the behest of Wall Street investors. Unions representing railroad workers and individual workers have sounded the alarm on rail worker fatigue, which they believe is worsened by the deployment of PSR and the resulting push to do more work with nearly one-third fewer people on the job.”

Leaders of the nation’s two largest railroad unions, which represent the nation’s train operating crews, applauded the April 6 letter.

“We want to make it clear that we are fighting attendance policies at all Class I carriers. Fatigue has long been a problem at CSX, UP, BNSF, NS and other rail carriers, but it has been made much worse because of extreme job cuts resulting from the implementation of PSR coupled with the industry’s determination to force harsh attendance policies upon the remaining workforce,” said SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce. “SMART-TD and the BLET have also put the issue on the table in our national negotiations, currently in mediation, demanding that all imposed attendance policies be rescinded with negotiated attendance contract rules to take their place. On behalf of our members, we thank Representative DeFazio and Representative Payne for shining a light on this pressing issue in our industry and being vocal leaders for rail worker safety.”

Read the representatives’ letter (PDF)

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

CLEVELAND, Ohio (April 6, 2022) — The nation’s two largest railroad unions continue to gather allies and momentum as they oppose the imposition of precision scheduled railroading (PSR) tactics by Class I carriers that put safety and the health and lives of working people at risk.

SMART Transportation Division President Jeremy Ferguson, Association of Flight Attendants-CWA President Sara Nelson, President of the Air Line Pilots Association Capt. Joe DePete and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce meet April 4 at the Transportation Trades Department, AFL-CIO Executive Committee session in Washington, D.C.

At the April 4 Executive Committee meeting of the Transportation Trades Department, AFL-CIO (AFL-CIO TTD), a pair of airline unions pledged to support rail labor in the fight against unfair PSR-related practices such as BNSF’s “Hi-Viz” attendance policy, which requires rail workers to be available to work 29 of 30 days or risk being penalized. Additionally, the AFL-CIO TTD adopted language in its legislative agenda that encourages railroads to work together with rail labor to reconsider overly punitive attendance policies.

Capt. Joe DePete, president of the Air Line Pilots Association (ALPA), and Sara Nelson, president of the Association of Flight Attendants-CWA, pledged to support rail labor in opposing egregious attendance policies. The airline union leaders also vowed to stand by rail labor in the current round of national contract negotiations. Railroad and airline unions are governed by the Railway Labor Act.

Despite record fiscal returns in 2021 and lip service on the part of Class I carriers showing appreciation for the “essential” job that rail workers performed to move goods and services 24/7 during the COVID-19 pandemic, the railroads have chosen to not treat their employees with dignity and fairness during negotiations.

“Supply-chain issues were highlighted in the news at the end of 2021, but the shelves were stocked. It’s not thanks to PSR — that’s resulted in the rail industry doing less with less while making more profit,” SMART-TD President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce stated. “Employees’ rewards for their work through COVID-19 are that they are being subjected to degrading attendance policies at the expense of their health and family lives.

“These carriers have cut past the bone and are well through the marrow. Now they are scrambling to get people to run their trains,” the presidents said. “What is the incentive for our members who do not have scheduled time off — instead only hours when they cannot be called back into work? What’s the incentive for our members who get punished when life events happen? Thus far our members have been the recipients of nothing but insulting offers at the bargaining table.”

These practices have drawn the attention of media outlets such as Vice Magazine and UK’s The Guardian, as well as transportation labor at large. AFL-CIO TTD’s legislative agenda adopted April 4 states the following:

“Hi-Viz and similar policies serve to do nothing more than increase demands of an already exhausted workforce. For the dignity of these rail workers, their quality of life, and the safety of our nation’s freight railroad network, they must be abandoned and reconsidered.”

The leaders of SMART-TD and BLET will continue to work for intervention on the federal level, including at the Surface Transportation Board, Federal Railroad Administration, the Department of Transportation, the Department of Labor, Congress and in the White House itself, to stop in its tracks the dangerous and reckless nature of the path that the Class I rail carriers have chosen to take.

Also at the April 4 TTD Executive Council meeting, it was announced that five Republication U.S. representatives have contacted the BNSF Railway and encouraged its CEO to reengage with its operating unions to alter the highly-restrictive and punitive Hi-Viz attendance policy.

Read the TTD’s priority statement on rail attendance policies.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

CLEVELAND, Ohio (April 5) — Five Republican U.S. representatives have contacted the BNSF Railway and encouraged its CEO to reengage with its operating unions to alter the highly-restrictive and punitive “Hi-Viz” attendance policy.

From left, Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce, U.S. Rep. Don Bacon of Nebraska and SMART-TD President Jeremy Ferguson meet April 4 at the Transportation Trades Department AFL-CIO Executive Committee meeting in Washington, D.C.

In a letter to Brotherhood of Locomotive Engineers and Trainmen (BLET) President Dennis Pierce, SMART Transportation Division (SMART TD) President Jeremy Ferguson and BNSF CEO Katie Farmer, the representatives encouraged a reengagement over the punitive policy, which docks employees for taking time off for medical appointments or funerals.

“We write today out of concern for BNSF Railway’s recently established absenteeism policy, called ‘Hi-Viz,’ and the growing number of resignations that have occurred since its implementation,” the representatives wrote. “Even a modest number of those resignations may pose additional stress to our already strained supply chain.”

Among the letter’s signatories were Rep. Don Bacon of Nebraska, who met with President Pierce and President Ferguson on April 4 at a meeting of the Transportation Trades Department, AFL-CIO (AFL-CIO TTD) Executive Committee, the nation’s largest transportation labor coalition. Others signing included Brian K. Fitzpatrick of Pennsylvania, David McKinley of West Virginia, Jeff Van Drew of New Jersey and Chris Smith, also of New Jersey.

The Hi-Viz attendance policy requires rail workers to be available to work 29 of 30 days or risk being penalized. Thousands of well-paying unionized railroad jobs have been cut since implementation of the PSR strategy began in 2017. The Hi-Viz policy by BNSF and draconian attendance measures used by Class I railroads have led to additional attrition and a worker shortage as carriers try to undo the self-inflicted reductions they’ve made. President Pierce and President Ferguson said more than 700 BNSF operating employees have resigned since implementation of Hi-Viz on February 1, 2022.

The representatives concluded their letter by urging the BNSF to reengage in good-faith discussions with its unions to develop a more mutually acceptable attendance policy.

“We urge both sides to reengage in good-faith discussions to achieve a policy that works for all,” they wrote. “Only by working together can meaningful policies be developed, and mutual resolutions achieved … We view this as a crucial priority to maintaining a robust transportation system and a healthy supply chain.”

A PDF of the five representatives’ letter regarding Hi-Viz is available.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters

A large rally is planned in support of the United Mine Workers on Wednesday, April 6, in McCalla, Ala., to demand justice for the UMWA miners who have been on strike with Warrior Met Coal for an entire year.

“This strike MUST END NOW and we are going to remind Warrior Met that there is strength in numbers!” UMWA leadership posted on the organization’s website.

After about 850 UMWA-represented workers at Warrior Met facilities in Alabama sacrificed benefits, the company was lifted to profitability after its 2016 bankruptcy. However, the company has not reciprocated by returning a fair, good-faith contract for the workers, UMWA leaders say.

On April 1, 2021, members of four UMWA locals went on strike and have been demonstrating against the company ever since.

Donations may be made to fund the ongoing strike here.

Guests planning to show their solidarity at the rally include UNITE HERE!, The United Auto Workers, The United Food and Commercial Workers, The Association of Flight Attendants, and others.

Speakers will include UMWA President Cecil E. Roberts, International Secretary-Treasurer Brian Sanson and other labor leaders.

The event will begin at 11 a.m. local time April 6 at Tannehill State Park, 12632 Confederate Parkway, McCalla AL 35111.

SMART Transportation Division members are encouraged to show their solidarity with the UMWA. More information about how to participate or contribute is available from the UMWA District 20 office by calling 205-477-7500.