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The SMART Transportation Division achieved an organizing win May 1 with the National Mediation Board’s (NMB) certification of a representation vote for the Louisville & Indiana Railroad, which operates 106 miles of track running between Louisville, Ky., and Indianapolis.

Andy Goeckner of Local 453, who led the effort, took some time to detail the process that brought new members and a new property to the union.

What initiated the process?

Contrary to what some have incorrectly claimed online, this was 100% unsolicited on SMART-TD’s part. Multiple L&I employees had been reaching out to people in the industry expressing their disappointment with the representation they’d been receiving on the property. This had been happening since the end of 2023, and it wasn’t just one disgruntled employee — it wasn’t until we heard from multiple people that we decided to sit down and talk to the group.

What were some of the issues cited by people that they wanted to have changed?

Substandard representation, wages and agreements. Feeling that their property lacked support at the local level. Rather than encouraging or assisting their local union leadership to stand against the carrier and fight in disciplinary matters, the previous organization’s general committee and international took the path of least resistance, encouraging members to fold and sign waivers. Almost as if they couldn’t be bothered by a smaller group to do what needed to be done.

They also stated that pay and penalty claim issues were ignored when assistance was requested at the general committee or international level. Phones calls and emails were not returned. With negotiations for a new contract starting soon, many of them felt like their property had been put in a corner or a box and that they were not getting anything out of the dues they had been paying. Enough was enough, so they decided it was time to make a change and come to SMART-TD.

Once we got the message across that SMART-TD provided a dedicated alternative that would listen to and serve them properly, regardless of if it was a small or large property, the energy increased and was very positive. This wasn’t a case where just one guy was mad or upset about what was going on — it was multiple people, and many of them took on leadership roles as the effort advanced and gained strength.

How long had the prior organization represented the property?

L&I had been under the representation of the BLE for 20 years — since May 2004.

It’s been a month, what are some of the steps/improvements that our union is prioritizing?

The first thing SMART-TD did was to allow the new members to select what local they wanted to join. They chose Local 1518 in Indianapolis, and a new Local Committee of Adjustment (LCA) was created within. They were also placed into General Chairperson Rick Lee’s committee, as L&I was a prior B&O property before being short-lined.

The L&I members held an election and Zach Cochran is the new local chairperson. Brother Cochran has hit the ground running and is doing all he can to get great returns for people working at the L&I.

Our focus has been on improving communications and responsiveness, which were a weak point with the previous union. We are also in the process of training and assisting the local officers and addressing membership issues, including prepping for their next contract, which expires this fall.

Has there been any feedback so far?

I’ve been staying in touch with them to make sure the transition is smooth. A group of L&I members went to the 1518 meeting as soon as they were eligible to do so, and they were blown away by the reception that they got from Local 1518 officers and members. They welcomed them with open arms and gave them a standing ovation and applause at the local union meeting. They said they had not felt welcomed or included on any union level like that in a long, long time.

The SMART-TD rail union gets results

A total of 23 T&E workers for the short line — more than half of its total workforce — can now proudly call themselves members of SMART-TD after dealing with the frustration and dissatisfaction caused by inferior representation.

We welcome our new members from the Louisville & Indiana railroad and encourage others that are tired of subpar representation to join our SMART TD family. There is a reason we are the largest rail labor union in the United States, and we stand behind the winning record SMART-TD has produced for the people whom we proudly serve.

Beginning on January 1, 2025, members who are covered under the nationally negotiated railroad health & welfare plans will have their pharmacy benefits transitioned from Express Scripts, Inc., to Optum Rx. This includes H&W Plan numbers GA-690100 (SMART-TD Plan), GA-23000 (National Railroad Plan), and GA-46000 (Early Retiree Plan).

For additional information, please view the joint statement released by the CRLO (labor) and the NCCC (management), which includes a list of questions and answers.

Amendment to VSTD plan covers certified voluntary addiction treatment

In our ongoing effort to support the well-being of our union members, we are pleased to announce a significant update to the Voluntary Short-Term Disability (VSTD) plan. Participants now have the opportunity to receive benefits starting on day 1 while voluntarily enrolled in certified drug or alcohol treatment programs.

Transportation workers face irregular schedules, fatigue, and high levels of stress — factors that can sometimes lead to the use of alcohol and drugs as coping mechanisms. Recognizing these challenges, the SMART General Executive Council (GEC) has taken a proactive step to help our members who may be struggling with addiction.

With this First Amendment, VSTD plan participants can utilize their benefits while undergoing voluntary, certified addiction recovery programs. It’s important to note that this plan does not cover treatments mandated by an employer or court.

In addition to this new benefit, the GEC approved a Second Amendment waiving the elimination period between the first day of a disability and the date benefits begin for members voluntarily undergoing certified drug and alcohol treatment programs. Once a certificate of completion is received, payments will be made retroactively, effective back to day 1 of disability.

“We hope this change in the VSTD encourages our union brothers and sisters who might be struggling with addiction to seek help,” said SMART-TD President Jeremy R. Ferguson. “No one in this organization should feel they won’t have support if they seek treatment. If this amendment encourages someone to proceed with that step, the change has done its job.”

If you or someone you know is struggling with addiction, we urge you to take advantage of these new benefits. The SMART-TD VSTD plan is here to support you on your path to recovery. Together, we can create a healthier, more supportive environment for all our members.

For more information on the VSTD plan and the new amendments, please follow this link or call our administrator, Southern Benefits, at 844-880-1071.

Brother Keith Shambaugh and his family had their lives permanently altered when he was hit by a truck while riding his motorcycle in early May.

Keith Shambaugh poses with his son in this family photo.

Shambaugh, president of Local 600 in Cumberland, Md., since 2022, was broadsided on U.S. 50 in Augusta, W.Va. His injuries required amputation of his right leg above the knee, both his arms were seriously injured along with numerous other serious injuries. 

An online fundraiser has been set up to help support him and his family as he faces a long and arduous rehabilitation period and not be able to return to his profession as a locomotive engineer.

Married with one child, Brother Shambaugh has been involved for years as a local officers, first serving as trustee in 2008, alternate legislative representative in 2009 and president in 2022.

He began working for CSX as a conductor in October 2000. He completed his training in the spring in 2008 and established seniority as engineer, the profession he has worked since.

“We would appreciate if you could support this effort to secure some much-needed funds for their family,” Maryland State Legislative Director Larry Kasecamp said.

INDEPENDENCE, Ohio (June 10, 2024) — The SMART Transportation Division has begun the process of formulating Section 6 notices to be served on rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC), which will include proposals to improve wages, benefits, and working conditions. 

As mandated by the Railway Labor Act and the current national agreement, these Section 6 notices will be served on or about November 1, 2024, to become effective no earlier than January 1, 2025. The serving of Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. Rail carriers represented by the NCCC have also been working on their own Section 6 notices, which they will serve at or about the same time SMART-TD’s notices are served. 

All affected SMART-TD officers and members are invited to submit proposals for the organization’s Section 6 notices. Members may submit their proposals by the following means: 

Email (preferred): Section6@smart-union.org 

Fax: (216) 228-5755 

Mail: SMART-TD President, 6060 Rockside Woods Blvd. N., Ste. #325, Independence, OH 44131 

Proposals received on or before July 24, 2024, will be catalogued and forwarded to a Section 6 Review Committee comprised of General Chairpersons from across the country, who represent members in the affected crafts. After the Section 6 Review Committee fine tunes those suggestions, a final draft will be forwarded to the entire Association of General Chairpersons, District No. 1, for final review and approval. On or after November 1, 2024, General Committees will begin serving those final Section 6 notices.  

In addition to the above, SMART-TD will be conducting a randomized membership survey to help define the issues for prioritization during negotiations. To ensure that you are eligible to participate in surveys, and to stay up to date on future developments, members are encouraged to register for the Member Portal and log in to the SMART-TD website at www.smart-union.org, and/or download the SMART Union app from the Google Play or Apple Store.  

All SMART-TD members are reminded that the current national agreement between the SMART-TD and NCCC will not expire on or after January 1, 2025. Under the status-quo provisions of the Railway Labor Act, the current national agreement will remain in effect. 

In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire department’s help.

Brother Franklin’s troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklin’s handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randy’s “Perfect work history” and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Carrier denies firearm rights

Franklin decided to challenge the carrier’s decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the state’s ability to protect Franklin’s rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

“Mike is one of our most seasoned LCs and was a great partner on this case,” Sale said. “We built a foundation in the initial investigation to support arbitration and legislation.” 

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

“(They) were tenacious and left no stone unturned,” said Franklin.

SMART-TD progresses a new gun law in Arkansas successfully

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555.   Excerpts and quotes from Franklin’s arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

“Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process,” Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklin’s bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklin’s employment being reinstated after he was targeted by UP’s unfair policy.

Union Pacific ignores the law

This would have been the end — if a railroad hadn’t been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklin’s lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didn’t care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

“They were basically spitting in the face of the state Constitution,” Sale said.

Supreme Court shoots down UP

Franklin and his attorney had come too far to roll over and give up. They took Franklin’s case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

‘This union never leaves one of its own hanging out to dry’

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklin’s determination to stand up to the carrier.

“As a state director, I’m proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach,” Sale said. “This was a case of everyone from the local office to my office and the general chairperson’s office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.” 

Franklin expressed great appreciation for the union’s efforts to resolve the matter.

“Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this,” Franklin said. “Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights weren’t taken from me.

“Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. It’s good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.”

This past weekend, the Brotherhood of Locomotive Engineers and Trainmen (BLET) President Eddie Hall desperately attempted to attack SMART Transportation Division in two separate incidents to distract from the fact that his union was more willing to partner with corporate greed than to serve the will of their own membership. In a move that looked more like it was copied from a rail carrier’s playbook than that of a labor organization, they chose to portray themselves as the victim rather than the responsible party.

Both attempts were anything but truthful and are, at a minimum, misleading, if not downright false. We hesitated in responding, as we recognize that our members and those of the BLET are not well served by a public battle, but after several inquiries, it is time we set the record straight.  

In one of the attempts, Hall based his logic on grudges he claims to hold against our organization surrounding what is known as “the Halloween Agreement” signed Oct. 31, 1985 — coming up on 40 years past. However, he needs to go back a few years further to 1982 and Presidential Emergency Board 194, which resulted in the Van Wort study commission findings. Maybe the facts will get in the way of his blame game, but nonetheless they are FACTS. Unfortunately, it would seem Eddie believes in the adage, “Never let facts get in the way of a good story.” However, as a labor leader, the things you say and do matter … and facts are FACTS.

Additional misleading statements he made are glaring. First, SMART-TD has NEVER represented Coaster, so his comments that they are not satisfied with us is an interesting twisting of the truth. Furthermore, his hypocrisy apparently knows no bounds as the Louisville and Indiana Railroad A-Card campaign was a direct result of three previous failed attempts by the BLET to raid SMART-TD properties.

There were some limited truthful statements Eddie made, including that we have welcomed new members into the SMART-TD family on the Louisville and Indiana Railroad. While we could share their reasoning for leaving the BLET for SMART-TD, we felt it best to have them explain that themselves in a future article. I think once everyone hears why they left, it will become very apparent as to why they came to SMART, and why others are reaching out as well.

It is also true that we are in the process of gathering A-Cards on the Indiana Harbor Belt Railroad after significant interest from some BLET members to join SMART. They cited recent issues with their general committee, poor agreements and a lack of transparency from officers … but the storyline became more interesting once it became known that Eddie reached out to his BLET group months before we became involved, asking them to A-Card SMART-TD! Again, the hypocrisy overwhelms.  

Prior to the Hall administration, our two unions operated well together. The presidents established a relationship based on integrity and a shared view that achieved improved quality of life for railroaders. This unified front before the carriers was vastly more important than petty differences between our organizations dredged from generations past. Mirroring the collaborative nature of two people working in the train cab, collaboration between SMART-TD and the BLET helped solidify crucial legislation and regulations regarding rail safety and in national negotiations that benefited all railroaders, regardless of union affiliation.

During the administration of past President Dennis Pierce, when a BLET-represented short-line property expressed interest in joining SMART-TD, our Organizing Department would pass on the opportunity as it was in rail labor’s best interest to keep the peace. However, that principle disappeared in an instant when BLET’s leadership changed hands and they began attempting to recruit membership on SMART-TD properties.

In short, there is not a “raiding problem” in rail labor. There is a representation problem. Like the weakest link in a chain, the BLET threatens to fragment the efforts of nearly a dozen other labor organizations with its current behavior. SMART-TD will not and cannot allow that to happen as it is imperative that all rail labor work together for the betterment of our members. My partnership with Pierce and our collective efforts to grow both unions illustrated this. We worked together to benefit all crafts with all unions, not just our own.

As seen with the Ancora debacle, BLET’s subpar representation threatens labor’s strength at the negotiating table. Their willingness to sell out or settle short drags down the standard of negotiations and adversely affects each and every one of you. This is precisely why so many are abandoning their ranks and are seeking our representation. We are not raiding their union — we are heeding the call. Their members see the successes and leadership of SMART and, understandably, they want to be a part of it.

Unfortunately, BLET’s attacks did not stop there as they turned their misguided focus on our Alternate National Legislative Director, Jared Cassity.

Anyone who knows Jared knows where he stands on safety, I assure you. Washington, D.C., knows it. The FRA and NTSB know it. The railroads definitely know it, and the BLET knows it (at least those who actively participate in using our electronic safety forms that Jared created). They have unquestionably benefited from his and this union’s relentless pursuit of achieving safer condition for all railroad workers across all crafts. Clearly, BLET’s fear of his recognition is greater than their desire to obtain the safest course and another sad attempt to distract from their inability to lead on any front.

To the BLET and your feeble effort to change the narrative, we see you for what you are, and we will continue to rise above it. The once-proud organization that has been branded as “the oldest rail labor union in the United States” is being run into the ground by the conduct of its leadership. They are desperate to change the narrative by changing the topic. Blind to the adverse effects it has on railroad workers and oblivious to the power they’re granting the railroads, BLET leadership has made known that they are poor in judgment and willing to abandon unionism in these misguided attempts to protect themselves. Former President Pierce’s leadership and commitment to solidarity are surely missed at this crucial time when we are on the verge of another round of national freight negotiations.

In closing, SMART-TD will remain focused on the 2025 national negotiations with the rest of rail labor and continue the heavy work of advancing safety legislation in the halls of Washington D.C. and in state capitals. We will continue to increase the momentum of our historic winning percentage in arbitration and stand up against the rail carriers. We stand behind the winning record SMART-TD has produced for the people we proudly serve. Hall and his BLET can continue using smoke screens, parlor tricks, and cartoons to gain social media likes while SMART-TD continues our focus on leading the industry and protecting our members.  

To our SMART-TD members and those that wish to join our family, my commitment to you and to rail workers across the country is unwavering. I will fight ignorance – not join it. I will stand with those who are willing to stand with us as I remain relentless in my pursuit of seizing power from corporate greed and giving it back to the members.

I welcome all of those who share this vision and passion to join SMART-TD.

Fraternally,

Jeremy R. Ferguson

President, Transportation Division

In this country, Memorial Day is a time when we remember service members who have passed on before us, then gather with friends and family around a barbecue grill and focus on what is important in our lives.

Brother Devan Harris of SMART-TD Local 1594 was killed on Memorial Day, May 27, 2024, in a drive-by shooting in Philadelphia.

SMART-TD Local 1594 member and SEPTA bus operator Devan Harris and his family were doing just that when their world was forever shattered last week.

At a cookout in Philadelphia, Brother Harris and his girlfriend were enjoying their day with their daughter, Luna, when Devan killed in the senseless violence of a drive-by shooting.

Devan and his girlfriend, Constance Johnson-Walker, both are members of Local 1594. Together they were building a life for their 2-year-old daughter, Luna. As their SEPTA coworkers know, Devan was a dedicated father and the kind of union brother we grew to count on.

Brother Harris’s young family is counting on us. If you are able, please donate to the GoFundMe account SMART-TD established for Constance and Luna.

Our union sister needs the support of the SMART-TD family in her time of need.

Enrollment for the training track for local secretaries and treasurers at the SMART-TD National Training Seminar has hit its available capacity and has been closed.

The event will be held July 9 to 11 at the Hilton Cleveland Downtown, 100 Lakeside Ave. E., and still has a limited number of registration slots available.

The cost to register is $250 per person, and an overflow room block has spots remaining.

For more information, visit the SMART-TD website, the SMART Member Portal or email Nick Torres in the SMART-TD office (ntorres@smart-union.org).

The largest railroad union in North America scores another win for their members, this time as Minnesota Gov. Tim Walz signs four bills into law on the final day of the 2024 legislative session.

Minnesota State Legislative Director (SLD) Nick Katich and the State Legislative Board worked tirelessly to provide a 12-hour cap on yardmaster shifts, new insurance requirements and a complaint procedure for crew van services, and a state-run review of wayside detector operations.

“The 2023-24 Minnesota legislative biennium has been quite the ride. We passed 2PC last year and now are bringing more wins to the members,” SLD Katich said.

The SMART Transportation Division’s Minnesota State Legislative Board

Yardmasters protected from double shifts

This groundbreaking law defines new hours-of-service rules (HOS) that limit a yardmaster’s shift to 12 hours. Similar rules already protect conductors and engineers from overwork.

SMART-TD is pursuing this goal in multiple states, with an eye toward a national policy. Hats off to the Minnesota Legislative Board for being the first to get the job done.

This win protects railroaders throughout Minnesota as the yardmaster is at the center of everything that happens in a railyard. Due to investor-lead business practices, yardmasters have been forced to cover multiple yards remotely, and work up to 16 hour shifts. When working conditions become more stressful and include longer shifts, everyone’s job is less safe. This law will allow the overworked yardmasters to gain much needed rest which in turn can potentially save lives.

Double insurance requirements for contracted cab companies

SLD Katich and Minnesota’s legislative board assisted in getting the Crew Van Law passed which doubles the amount of uninsured/underinsured coverage to $2 million. It also creates a complaint process that is sent directly to the Minnesota Department of Transportation Rail Safety Office for crews regarding cabs hired by the railroad. MNDOT will investigate the complaints and enforce any penalties. This law will give our crews more control over their safety while being transported by outside cab companies.

State to examine wayside detectors

A third legislative victory mandates MNDOT to study the technologies and inspection practices of railroad wayside detectors. The study will support future legislation intended to protect all Minnesota residents from derailments and other unsafe railroad operations.

Finally, Minnesota’s legislative board passed legislation that helps railroad police officers uphold the law and investigate accidents without the influence of railroad managers.

Big support from legislators got things done

This was only possible because of the work put in by everyone involved and our friends in the legislature. Sen. Rob Kupec, Rep. Jeff Brand, and Sen. Jennifer McEwen carried our bills and represented our interests with diligence and passion. The chairs of Senate and House transportation committees, Sen. D. Scott Dibble and Rep. Frank Hornstein, have been tireless advocates for rail and worker safety, proving their dedication to doing what is right. These legislators are WITH US. The new laws would not have been possible without the work and support of the State Legislative Board and all the members who contacted their legislators.

Katich is ready to recalibrate the board’s focus until lobbying season begins again.

“I’m looking forward to getting back into the local meetings and reconnecting with everyone,” said Katich. “It’s been very hectic, and I am eternally grateful for the unwavering support the membership has shown me.”