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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.”

For nearly two decades, sheet metal professionals have encouraged public and private entities to inspect fire and smoke dampers, to maintain they’re in working order based on design guidelines. Dampers save lives, and when they’re misused, broken or compromised in any way, they can no longer perform their function — allowing building occupants to get out of danger and helping first responders enter to gain control.

In the last year, the National Energy Management Institute (NEMI), the National Fire Protection Association (NFPA), the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA) and local sheet metal unions and training centers across the country came together to educate fire professionals — from firefighters to captains, fire marshals and fire inspectors — on the updated city, state and regional fire codes, how dampers work and obstacles to look for, and who to call with questions.

Sheet metal professionals share their industry knowledge with fire professionals in order to save lives. And in the process, they create a bridge where information can flow, said Josh Hunter, NEMI southeastern field representative.

“We want to garner relationships with the fire marshals, fire inspectors and also with the contractors,” he said. “We invited officials with the local [union] in the area, too, so they know there is a resource in their area they can call. We try to get everyone on board and networked together.”

By the end of 2023, the fire life safety and smoke control systems presentation had been held in cooperation with the union and training sides of the International Association of Sheet Metal, Air, Rail and Transportation (SMART) workers, including Local 104 in Northern California; Local 28 in New York; Local 88 in Las Vegas; Local 85 near Atlanta; Local 16 in Portland, Oregon; Local 105 in Southern California and Local 10 in Minnesota.

“We’re trying to get more involved in making sure the fire dampers are being inspected regularly as they’re supposed to be,” said Steve Langley, business manager of Local 85.

“We cover the whole state of Georgia and three counties in Alabama,” added Schuyler Worthey, Local 85 business agent and former testing, adjusting and balancing (TAB) and fire life safety technician. “So, it’s very important for Local 85 to stay in contact with them. My line is always open to them to contact me.”

Most of the classes have included two sections: inspection and demonstration. In many cities, fire professionals are invited to get up close with working and non-working dampers, provided by the local or regional area, and experience stairway pressurization and/or smoke control systems through demonstration units. Fire professionals also are given the newest edition of the SMACNA manual.

Sharing information is key to saving lives and ensuring buildings are safe.

“It’s an awareness,” said Kenneth Boskett, TAB and fire life safety instructor for Local 88. “These are fire professionals. They know what they’re doing. There’s a curtain that divides what we input into fire life safety and what they know about what we put into fire life safety. When they’re made aware, they can start making considerations.”

“It’s about creating the relationships with the inspectors and educating them on what we do,” said Dion Abril, executive administrator of the Western States Council, which brings unions and contractors together. “We also provide them with the tools and the knowledge to ask contractors during the inspections the correct questions and to understand what the process was for the inspection, the maintenance. We’re helping them gain the tools they need to enforce what is already in the fire code.”

At Sheet Metal Workers Local 104 Bay Area Industry Training Fund, fire professionals witnessed damper failure and experienced various air pressure differentials due to a simulator on site.

“They’re used to what normal is in the correct building, but when things go wrong, they don’t have that experience of how failures change things,” said Pat Pico, training coordinator at Local 104 and Testing, Adjusting and Balancing Bureau (TABB) Hall of Fame member. “We were able to show them different types of failures for fire-smoke damper components, failures we see out in the field, and components that are not regularly tested.”

Feedback from fire professionals at all locations has been overwhelmingly positive, and the communications lines have opened. Some of the classes were requested through NEMI based on the previous presentation’s success, Hunter said.

“When I get out in front of these fire professionals, I’m throwing a lot of information at them, but as they look at the dampers, roll them around in their hands, open and close them, you see we are giving them information they can really use,” said Chris Ruch, NEMI director of education.

“The collaboration with NFPA and SMACNA has been invaluable. NFPA can provide regional, state and city code updates and information. SMACNA introduces them to the correct installation, so they not only know what they’re looking at, they have the literature to refer back to. And the locals and contractors give them local ties to call when they have a question and a training center to visit for more information.”

“There are a lot of agencies that refer to the NFPA standards for their state or city fire codes. It’s a big deal to have them working with us,” Hunter added. “They’re known across the United States. They are a source for states to develop code.”

More presentations are on deck for 2024, to be held in training facilities, where applicable, and NEMI is working on getting the fire life safety and smoke control systems presentation included in firefighter academy trainings. Connecting local fire professionals to local fire life safety professionals and their training facilities is important to keep the flow of information open and continuing ongoing training, Hunter said.

“We’d like to hold the classes at training facilities,” he said. “It builds the fire inspectors and marshals’ confidence in the certification the [SMART] members hold.”

SMART members and leaders from across the country met with the Biden-Harris administration on Wednesday, June 12 — bringing the voice of members and working-class families directly to the White House.

“This doesn’t just happen in any administration,” said SMART Local 7 (Lansing, Mich.) Organizer John Coleman.

The SMART Army delegation included members of Locals 85 (Georgia); 7, 80 and 292 (Michigan); 24 and 33 (Ohio); 26 and 88 (Nevada); 12, 19 and 44 (Pennsylvania); and 18 and 565 (Wisconsin). Joined by staff from the SMART Governmental Affairs Department, members met with Director of the Office of Public Engagement Steve Benjamin, United States Department of Labor Wage and Hour Administrator Jessica Looman, White House Climate Advisor Ali Zaidi and Betony Jones, director of the Office of Clean Energy Jobs, among others.

Local leadership shared updates on clean energy projects — staffed by SMART members — that are driving our nation’s transition to a sustainable future, as well as ways to partner with the administration and create jobs for union workers moving forward. The roundtable discussions also detailed how the federal government’s investment in American manufacturing and green energy is creating union jobs, plus actions taken to raise wages for construction workers and protect SMART members’ rights at work.

Daily headlines about new railroad safety laws make it feel like every day is “Railroad Day on the Hill.” However, the formal event falls once a year on the legislative calendar, where rail union representatives share the many issues that face our industry with legislators in D.C.

Thirty-eight men and women represented SMART Transportation Division, the nation’s largest railroad union. They spread the gospel of the Railway Safety Act, the need for shorter trains, increased quality of life and our call for better safety inspections of rolling stock.

The SMART delegation represented 20 different states and held 130 meetings with any Congress member or staffer willing to listen throughout the day.

The event was organized by National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Legislative Department Chief of Staff Jenny Miller. The Legislative Department invited 13 other unions to participate in Railroad Day on the Hill.

President Jeremy Ferguson, multiple vice presidents, state legislative directors, alternate state legislative directors, general chairpersons, local legislative reps and state legislative vice chairs from across the country all were present.

Ohio senators support Railway Safety Act, REEF Act

Senator Warnock and his staff hosted a Constituent Coffee at the Capitol, in Washington, DC on May 1, 2024. (Official U.S. Senate photo by Renee Bouchard)

SMART-TD representatives started with a breakfast with Senator J.D. Vance of Ohio. Vance has proven himself to be a champion for rail safety and is the lead sponsor of the Railway Safety Act.  Transportation Division representatives discussed ways our union could help rally support for the RSA and the REEF Act.

The REEF Act is a bipartisan bill that will end an out-of-date tax on Railroad Retirement Board benefits awarded to rail employees who are furloughed or medically out of service.

Vance and fellow Ohio Sen. Sherrod Brown are with us and continue to strategize with SMART-TD on ways to build support for the RSA and REEF Acts.

America’s largest railroad union leaves a lasting impression

Following the successes of the day’s events, NLD Hynes expressed his gratitude to the army of SMART-TD leaders who made the trip.

“These men and women went above and beyond the call of duty to be here today. Because of them, we had a fantastic show of force in the halls of Congress. The validity of our issues speaks for itself, but when leaders from these different states show up to meet with their congressional and senate delegations, it makes an impact on these lawmakers,” he said. “They hear from Jared Cassity and me all the time, but when someone from home comes to meet with them in D.C., it puts a face to our issues in a unique way.

“I want to thank each one of them for making the effort to come out this year. With your help, we will deliver on the promise of the Railway Safety Act, the REEF Act, and all the issues that speak to the quality of life our members deserve and the dignity of the work they do each day.”

As part of Women in Construction Week 2024, the SMART Women’s Committee called on union members to take part in a day of community service during the month of March, demonstrating the power of solidarity and spreading the word about the union sheet metal trade. And from coast to coast, SMART sisters answered the call.

Local 206 (San Diego) members, Building Trades Sisters, tradeswomen and allies taught an APR class at Southwestern College some hands-on skills making tissue boxes and picture frames!

Local 206 members pictured: Annet Del Rosario, Tatjana Sebro, Demetria Gamble, Kacey Grierson and Belen Martinez.

Local 63 (Springfield, Mass.) volunteered at Lorraine’s Soup Kitchen in Chicopee on March 29, 2024. From left to right: Brandie Benoit, Rebecca Sturtevant, Deb St. Peter and Rachel Murphy.

Local 2 (Kansas City) sisters celebrated Women in Construction Week by performing repairs at a local Youth Resilience Center, showing the meaning of union solidarity and the fulfilling careers available in our trade.

On March 16th, for their 2024 Women in Construction Week Service Project, Local 17’s Women’s Committee, the Big Sister Association of Greater Boston and Girls at Work worked with 15 young women aged 8–18 and their Big Sisters to build picnic tables for organizations in the Boston area. Volunteers included seven SMART sisters, one husband and five other tradeswomen from the Electricians, Elevator Constructors, Plumbers and Carpenters unions.

“At the end of the day, we raised $11,830 from individual donors, contractors and unions,” said Local 17 Business Development Rep. Shamaiah Turner. “We built six picnic tables. Three tables were donated to the Brookview House, which is a charity focused on getting homeless women and children stabilized. Three tables were also donated to Boston elementary schools that work with the United Way. One of the successes of the day was working with a 14-year-old who is a freshman at a vocational school. She was thinking of doing a criminal justice or nursing track. At the end of the project, she stated that she was going to also consider metal fabrication.”

The SMART Education Department held its Organizing II class in Chicago, Ill., during the week of May 13th. Organizing II focuses on strategic research and application and dives deeper into the strategies and tactics learned in Organizing I, such as salting, voluntary/internal organizing committees, and top-down, bottom-up and pressure campaigns.

Throughout the department’s three-class organizing sequence, participants develop, revise and initiate an organizing plan in consultation with their business managers. In Chicago, participants worked together to research their companies and began putting together detailed organizing plans focused specifically on their selected companies. Each of the 26 attendees presented the research they found on their companies and the organizing strategies they plan to implement. They were also the first group to receive the new Herrmann Whole Brain assessment and training to help them understand how the way people think can impact their success as organizers.

“A special thank you to the SMART Strategic Campaigns Department for supplying research materials for each participant for their selected companies,” said SMART International Instructor Richard Mangelsdorf.

Attendees will continue their work in December in Organizing III, where they will explore the final component for their organizing plans: how to effectively impact their selected companies through partnerships with community, political and economic organizations.

By Hallie Jennerman, Local 18 organizing director

SMART Local 18 (Wisconsin) hosts COMET — Construction Organizing Membership Education Training — classes annually in January for our second-year apprentices and newly organized members. In 2024, our Organizing Department held 11 classes across Wisconsin for the nine contract areas, with approximately 180 attendees. The goal is to have the members attend early in their membership to showcase the union movement, as well as the importance of being informed and involved. Local 18’s COMET class aims to forge growth in our membership through organizing, growth in our markets, growth in our benefits through additional hours worked, and to give those behind us a future by creating engaged, active members who will carry our union forward and organize all unrepresented sheet metal workers.

COMET provides an incredible opportunity for members to understand our union contracts during a question-and-answer session with frequently asked topics. Members dive into our benefits on the local and national level. We explain the varying dynamics for retirement with the National Pension Fund (a defined benefit) and the difference of the local pension fund (a defined contribution), along with the impact provided by the SASMI benefit in the form of untaxed healthcare funding.

After introductions, we start our eight-hour day with the SMART MAP (Members Assistance Program) presentation on suicide prevention, mental health awareness, substance abuse and addiction. This conversation leads us to the many resources available to us as members: SMART MAP, the SMOHIT Helpline and our local health plan EAP (employee assistance program). Our takeaway from these discussions is that we have members active in their communities having a positive impact.

SMART Army activities are also discussed and promoted. We have a joint presentation with our local contractors’ association to explain challenges they face and the benefits of being industry partners. Our Local 18 health plans receive ample time for the members to understand medical billing and payments, as well as coverages and options to best suit their family needs. We have seen increased benefits for dental, vision and lost wages payment for jury duty. Local 18 members also enjoy the benefits of the Midwest Coalition of Labor. This is a group of labor organizations that have bargained for discounted services ranging from free Allstate Roadside Assistance, life and AD&D insurance, financial planning, web-based college, scholarships, discounts on insurance, legal help, tax prep — and the list goes on.

With the help of the SMART Education Department’s new COMET 2.0, our class also takes a deep dive into labor history, emphasizing the importance of organizing for our collective success. Wisconsin is a perfect example of what working families can lose through elections and legislation — a further reminder to all members that elections have consequences and every vote matters.

We are excited about the possibilities ahead, and we are committed to empowering all our members with the knowledge and resources they need for success.

The SMART MAP mental health sessions have been evolving since they began more than a decade ago to combat the high suicide and substance use disorder rates among construction workers. Participants in the class become SMART MAP mentors, as they learn to be mental health first responders, peer counselors able to lend a listening ear and guide SMART members to local resources.

The three-day session offers theoretical as well as practical knowledge and the basic skills necessary for crisis intervention. SMART MAP general mental health sessions provide information about substance abuse disorder and relapse, motivational interviewing, confidentiality and ethics, legal issues, marijuana, health insurance and treatment center options, suicide prevention, aftercare programs and how to change the culture of the union and help end the stigma of addiction and other mental health issues.

While Canadian brothers and sisters have been included in SMART MAP sessions in the past, due to the pandemic, a session hadn’t made its way north since 2018. With some help from Patricia Pike, a Canadian-American dual citizen and CEO and founder CanAm Interventions, the SMART MAP session held in Toronto March 26-28 provided a tailored presentation.

“Since we’ve been doing education and training through SMART MAP the last 10 years or so, we’ve had Canadian members attend regular SMART MAP sessions,” said Chris Carlough, SMOHIT SMART MAP coordinator. “It’s not brand new, but the program we delivered this time was specifically designed for Canada.”

The key to a successful SMART MAP mental health session is a group of participants willing to share their experiences and engage with the speakers. The class was full with a long waitlist within 18 hours of the registration opening. Due to the need, SMOHIT allowed 57 members to attend the course, nearly double the size of a normal session.

Typically, having more than 25-30 participants takes away from the course’s intimacy and engagement. Not this time, said Jeff Bradley, SMOHIT program director.

“It was like a bunch of buddies going out together and talking,” he said. “It was cool.”

“We’ve had sessions before when you’re trying to pull out words, experiences, thoughts out of the attendees, but Canada wasn’t like that,” added Carlough. “It was a raucous event for three days.”

SMART MAP mental health sessions are typically held for local leadership, and the SMART MAP team also presents a peer-to-peer session for rank-and-file members. In July, the team returned to Toronto to impart skills and mental health knowledge to members of Local 285.

“We are doing peer training throughout North America, and we will be present in Canada in 2024,” Carlough said.

The combination of mental health sessions for leadership and peer-to-peer trainings for rank-and-file members helps bring awareness of mental health and substance use disorder to the entire local, from the top down, Carlough said.

“In the mental health trainings, we’re talking to people in the room directly,” Carlough said. “But we’re also talking about the people who they’re going to go back and help in their local unions.”

The success of the session is measured in the knowledge and skills gained and how members use that knowledge to help one another. During this session, members developed the confidence to talk about difficult subjects, see different perspectives on addiction, and understand the true definition of self-care and useful statistics, according to post-event evaluations.

“We can put this gained knowledge to use immediately,” one member said.

Another added, “Everything covered during this session has been well worth it, and I want to thank the team for all the work you do and help that was given to me.”

For additional information about future SMART MAP sessions, visit the SMOHIT website at www.smohit.org/smart-map.

For the first time in its more-than-50-year history, the International Training Institute (ITI) has hired a full-time curriculum writer on staff, Mark Colone.

The Pennsylvania native comes to the ITI after a long history of working with the union training fund on curriculum projects for more than 20 years. Colone was hired by MetaMedia Training International Inc., where he was instrumental in the development of the ITI’s curriculum library, including Core, architectural, welding, indoor air quality technician, fire life safety and testing, adjusting and balancing (TAB). He worked for the company for 16 years, first as an instructional designer and then as a senior instructional designer.

Colone and his team’s work on the Core curriculum was honored with CINE Golden Eagle, Bronze Telly and Grand Telly awards. He also has experience working on curricula and multimedia-based programs for other organizations including the Federal Emergency Management Agency (FEMA), NASA, the International Association of Firefighters (IAFF), and the Washington Metropolitan Area Transit Authority (WMATA), among others.

“I’m glad we were able to bring curriculum writing directly in house,” said Mike Harris, ITI administrator. “Mark worked closely with us before, but now, as part of the team, he can really help the ITI update its current curricula as well as help construct the future training materials apprentices will need to become successful sheet metal workers. It’s great to have him officially as part of the ITI staff.”

Joe Pickens officially joined NEMI as a field staff representative for the Midwest region on April 1. In this role, he serves as a liaison for local unions and members of SMART, helping identify solutions and opportunities in the market.

The Virginia resident entered the apprenticeship at SMART Local 100 in the Washington, DC, area in 2008. He graduated first in his class, also receiving a perfect attendance award for the five-year program. From the start of his career through 2021, Pickens worked for ADJ Sheet Metal. During his time there, the company tripled in size to more than 300 employees, and Pickens gained experience in many different areas of the industry.

This experience led to Pickens teaching a variety of courses at his local union’s training center, and in 2023 he was named training coordinator. Pickens became a general fund trustee in 2022, working with the business manager to oversee various funds and ensure accounts are in good standing at Local 100, where he is still a dues-paying member. He holds over a dozen industry certifications and has participated in extensive instructor training from the International Training Institute (ITI), the education arm of the unionized sheet metal, air conditioning and welding industry, over the years.

Congratulations, Brother Pickens!