Author: lpoling

Home>Articles by: lpoling

It is an honor to represent you, the more than 203,000 SMART members who keep North America moving through thick and thin. We at the International in Washington, DC, strive daily to grow our union and win more opportunities for SMART members, from lobbying the federal government for rail safety policy to implementing innovative new strategies to help sheet metal workers travel to megaprojects.

And at the core of everything we do is the founding principle of SMART: We, the members, are the union.

As your general secretary-treasurer, I am committed to working with all of you to secure our collective future. Here are just a few highlights of what we have achieved:

  • In Southern California — with the help of the SMART International Political Action League (PAL), SM Local 104 (Northern California) and fellow building trades unions — SM Local 206 members helped secure San Diego’s first citywide project labor agreement (PLA) after electing pro-union city councilmembers and repealing the city’s PLA ban.
  • At Price Industries in Georgia, a rank-and-file member turned subsidized organizer, Donson Ha, has helped Local 85 achieve stellar growth among a largely Vietnamese-speaking workforce, with two Vietnamese shop stewards helping the local successfully organize in a so-called “right-to-work” state.
  • In Delaware, Local 19 was on the forefront of passing a custom fabrication bill that will protect sheet metal members by ensuring the jobsite standards we built and enforce are not undermined by nonunion competitors.

We’ve seen similar success in the Transportation Division — again, thanks to the active involvement of rank-and-file members and strong trade unionism at the local and state level:

  • Tireless advocacy by state legislative boards in Colorado and Virginia led to the advancement of rail safety legislation. In Colorado, legislation is being considered in the state House and Senate at the time of writing, while in Virginia — thanks in large part to the activism of SMART-TD railroaders who contacted their legislators — rail safety passed through both chambers of the state government before being vetoed by anti-union Governor Glenn Youngkin.
  • That follows the passage of two-person crew bills in Ohio, Kansas, Minnesota and New York in 2023, all of which were signed into law by those states’ respective governors — again, a direct result of the work put in by TD legislative boards and members in each state.
  • Members and local union officers across the country have attended Transportation Division regional training seminars in their areas in record numbers. This emphasis on targeted local education has paid off, with SMART-TD winning appeals at an elevated rate.

This is how we win. By getting active in our local unions; by mobilizing and voting for pro-union candidates; by standing in solidarity with our fellow SMART members, no matter who or where they are. I am proud to stand with every one of you as your union brother, and I hope we will all continue to fight for one another as we take on the challenges in the years to come.

In solidarity,

Joseph Powell
SMART General Secretary Treasurer

Brothers and sisters,

We’re building something great here.

In May 2019, months before I took office, the Federal Railroad Administration (FRA) under Donald Trump appointee Ron Batory tried to toss out more than two decades of our members’ and officers’ work to preserve two-person freight crews.

Just days after my administration took office in October, the big rail carriers sued in an attempt to challenge our crew-consist agreements to further open the gates for railroads to get what they wanted — cutting workers in the cab so they could make more money at the expense of safety and common sense.

When both these challenges emerged, we rose up as one union, and we engaged.

The carriers’ lawsuit was resolved in court, and through on-property contract negotiations, our general chairpersons dug in on crew-consist matters. Since that attack in October 2019, we’ve not only preserved the current state of crew consist in the cab, but we have opened, for the first time, paid sick leave and attendance to negotiations so we can make the lives of our members better.

On April 2, United States Department of Transportation Secretary Pete Buttigieg and FRA Administrator Amit Bose announced a rule cementing freight train crew size in the country. As a result, carriers will need to carry a very heavy burden of proof in the future if they want the federal government to permit them to cross the line we have drawn on rail safety and crew size. Predictably, the railroads have gone to court to challenge the rule because they can’t leave well enough alone.

The final piece of our puzzle will be getting federal legislation passed to preserve the current safe level of staffing inside the cabs of the freight locomotives we operate. The Rail Safety Act of 2023 (RSA) has been long stationary in Congress. Together, we can get it moving. We will need to work for it, but we can do it. When the two-person crew rule was up for public comment, this union rallied together and created enough pressure in Washington, DC, that we could not be ignored. SMART-TD can and must do the same for the bipartisan RSA.

We also must work with equal focus to resolve the current state of danger that our bus and transit members have faced for far too long. Employers have made safety a low priority when solutions are staring the bosses right in the face. Things in Washington are moving in the right direction, but not fast enough.

The Federal Transit Administration (FTA) heard and heeded our comments in April when it ruled on the creation of on-property safety plans and on overall national safety plans for public transportation. Our practical solutions — protective barriers for operators, not making them deal with money matters, adding security on buses and transit, tougher punishments for attacks on the members we represent and all other bus and transit workers — can be done. There’s no rational reason for these public transit agencies not to join forces with us on protecting our members.

Most importantly, FTA’s rule states that our men and women will have seats at the table to make decisions on safety measures being taken at their respective workplaces. They will have a level playing field. Employers or managers will not be able to dominate on matters of safety, and if their bosses don’t follow through on the plans our members help form, FTA will step in and enforce them or take away their federal funding.

We in this union refuse to shy away from challenging injustice. It is an energy that we have worked to reignite and stoke the past five years. The results we’ve achieved on the two-person crew, elsewhere in the halls of power on the national and state levels, in negotiations and all around our union speak for themselves.

The same positive outcomes won’t be long in coming to enhance the safety of our bus and transit members. The FTA rule moves us forward. Together we can face all that is ahead for our organization with confidence.

In solidarity,

Jeremy R. Ferguson
President, Transportation Division

The Government of Canada has aspirational goals to achieve a net-zero society by 2050. To help reach those goals and move our national ambitions forward, the construction industry must lean into “Building It Green.” Buildings and construction have been identified as among the three primary sources of greenhouse gas emissions.

In 2021, Canada’s Building Trades Unions (CBTU) launched a national project to integrate climate literacy into the skilled construction trades’ education and training. The new Building It Green program is Canada’s most comprehensive climate-focused construction curriculum. Funded by Employment and Social Development Canada’s Union Training and Innovation Program (UTIP), Building It Green is a national training program to strengthen the construction industry’s ability to support journeypersons, apprentices and training instructors as they manage the emerging and pressing needs of climate change. Transitioning Canada’s workforce to net-zero and ensuring our members receive the skills required to lead the change — without losing jobs — is critical to our economy.

The project’s advisory committee includes affiliate members of the CBTU and national training directors from coast to coast. I would like to recognize and thank Training Coordinator and President of SMART Local 280 (Vancouver, B.C.) Jud Martell. Brother Martell is a member of the Sheet Metal Industry Training Board and provided his expertise and valuable input on the curriculum development for our trade-specific training.

On February 6, 2024, the program was officially launched at the IBEW Local 586 Training Centre in Ottawa, with Minister of Employment, Workplace Development, and Official Languages Randy Boissonnault present. A public webinar on Building It Green climate literacy training — by tradespeople, for tradespeople — was held on February 15. There were also workshops at the CBTU Legislative Conference in April for those who attended.

Ontario organizing blitz

Local 235 is in the southwestern portion of Ontario, servicing the Sarnia, Windsor and Chatham areas. The region is experiencing unprecedented work in all sectors, driven largely by the NextStar battery plant and the Gordie Howe Bridge projects.

The local is currently performing an organizing drive to sign up members for NextStar contractors that are providing building services installations, architectural panels, clean rooms and roof installation, along with numerous members working on the seven-plus buildings at the Gordie Howe Bridge site.

Over the span of five days, four organizers and two International representatives canvassed the Local 235 region. They spent one day canvassing the Sarnia area, three days in the Windsor and Tecumseh areas and the final day in Chatham, handing out pamphlets with QR codes that link to a SMART landing page. Simultaneously, a coordinated blitz was launched on Facebook and Instagram, advertising and promoting the same landing page and upcoming work opportunities.

The landing page analytics revealed a total of 52 submitted interest forms. Local 473 (London, Ontario) Organizer Patrick Gordon scheduled numerous in-person meetings, some leading to organizing campaigns with nonunion companies. Additionally, they compiled a list of close to 70 potential new members with various levels of experience.

From left to right: Bowen LaFave, Scott McQueen, Patrick Gordon, Craig Taylor, Tim Last and Carm Corsaro

Excellent job by Patrick Gordon setting up pinned locations of nonunion sites in the area so time was not wasted finding sites and workers. Outstanding job by the organizers involved: Tim Last of Local 537 (Hamilton, Ontario), Bowen LaFave of Local 30 (Toronto), Carm Corsaro of Local 285 (Toronto), Patrick Gordon and International Representatives Craig Taylor and Scott McQueen.

Recognition of dedication

On February 29, 2024, International Representative for Atlantic Canada Leonard Day retired. Brother Day joined Local 437 (Saint John, New Brunswick) in 1984 and became a journeyperson in 1986. He served in various roles in his local union, including trustee, vice president and business manager/financial secretary-treasurer from 2002–2014. He held numerous positions at the national level as president of the Eastern Conference, president of the Canadian Council of Sheet Metal Workers and Roofers, and on the Board of Trustees for the Local Union & Council Pension Plan.

In 2014, he was appointed by former General President Joseph Nigro as International representative and sat as a board member on both the General Presidents’ Maintenance Committee for Canada and the National Maintenance Council for Canada.

On behalf of all the members, thank you for your years of dedication and service, and may you enjoy a long and healthy retirement with your wife, Della, your family and especially the grandkids!

I remain, fraternally yours, 

Chris Paswisty
Director of Canadian Affairs

On December 18, 2023, the Biden-Harris administration announced regulations that will implement President Biden’s executive order requiring project labor agreements (PLAs) on federal construction projects costing $35 million or more. The executive order is expected to create jobs for SMART members and provide life-changing pay and benefits to workers nationwide.

Local 33 journeyperson Tori Wilson (center, holding sign) with Secretary Julie Su and fellow tradeswomen

“The finalizing of President Biden’s executive order requiring project labor agreements on large-scale federal projects is a lifechanging win for union members and construction workers across the country,” SMART General President Michael Coleman said in response. “PLAs have been lifting working families into the middle class for generations — extending union-won, family-sustaining pay and benefits to local communities while bringing complex jobs to completion on time (and saving taxpayers’ money).”

The regulations and finalization of the executive order — initially signed in 2022 — were unveiled during an event in Cleveland, Ohio, where Local 33 members took center stage alongside Acting United States Labor Secretary Julie Su, General Services Administration Administrator Robin Carnahan, Congresswoman Shontel Brown and others. Local 33 journeyperson and owner of signatory contractor WTD Mechanical Fatima Ware introduced Secretary Su at the event.

Fatima Ware (left) with Congresswoman Brown
Secretary Su and Fatima Ware

“Project labor agreements employ highly skilled workers,” Su said in her remarks. “Contractors, subcontractors and unions know what they’re getting into from the outset. And these agreements help guarantee a consistent supply of well-trained workers. All of that helps ensure the work gets done right — and it prevents delays and disruptions. So this new rule is going to save taxpayer money.”

In a video shared to social media after the event, Su and Local 33’s Ware discussed the importance of PLAs — for workers and contractors alike.

“PLAs help because of the amount of money you pay your workers, right?” Ware said. “If there’s no PLA in place and you get a contractor that doesn’t have union workers, then they may be paying their workers $10, $15 an hour, maybe $20–30, and what skill level are you getting?

“You know that if you are going through the union, you are getting skilled workers that have craftsmanship, quality, and the knowledge and education to be able to complete a project on time, on task, the right way.”

Secretary Su converses with union tradeswomen

The finalizing of the executive order comes on the heels of a string of PLAs won by local unions spanning the nation, from San Diego, California, to Baltimore, Maryland. As federal funding is funneled towards improving government facilities, infrastructure and more, the presence of PLAs on complex projects will be especially vital.

“SMART applauds the Biden- Harris administration for fulfilling its promise to our members, and for prioritizing the working men and women who are building our nation,” Coleman concluded. “We look forward to taking on the core infrastructure projects of the future.”

On Tuesday, January 9, the United States Department of Labor (DOL) issued its final rule to help workers and employers better understand how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This rule, which went into effect March 11, 2024, makes it harder for companies to misclassify workers, expanding access to employee protections such as overtime pay, Social Security benefits and more.

“Unions like SMART have long fought against the sordid practice of worker misclassification in the construction industry, where bad-faith companies categorize their workers as independent contractors in order to deprive them of the protections, benefits and pay they deserve — including minimum wage, overtime pay and workers’ compensation,” said SMART General President Michael Coleman on the day the rule was issued. “This anti-worker practice has been particularly harmful to immigrants and members of underrepresented communities. The final rule issued by the DOL today will protect tens of thousands of workers across the country, and all of us at SMART applaud Acting Labor Secretary Julie Su and the Biden administration for taking action.”

Watch to learn more about SMART local unions’ efforts to combat worker misclassification.

SMART’s Education Department has long offered training for newly elected local union business representatives and agents. But during unrelated efforts to better train union leadership, retired SMART General Vice President Tim Carter recently explained, “It occurred to us: The most critical position, the business manager, doesn’t have any formal training. All the training is learned by the seat of their pants.”

That changed last summer, when SMART hosted its first-ever business manager training in Nashville, Tennessee. The class, attended by local union business managers from across North America, is intended to ensure local leaders are as prepared as possible to represent SMART members to the best of their abilities.

“We essentially created a new program,” said SMART Director of Education Sam White. “It’s a little different than the new business agents class that they also have to take; it’s more about how to manage a local. And I think for our organization, you’re talking about a very important, strategic position that [had] no dedicated training.”

Experienced business managers and International staff came together to create a curriculum that will serve business managers for years to come. The training, which ran from 8 a.m. to 5 p.m. for three days, included guidance on advocating for members from SMART House Counsel Luke Rebecchi, an overview of the business managers’ SMART Constitutional responsibilities, interactive sessions on how to run meetings and how to work with SMART International staff, trainings on organizing and collective bargaining, and much more.

Attendees left not only equipped with new knowledge and skills, but with a sense of camaraderie with fellow leaders from across North America, Carter noted. That can only bolster their ability to advocate for members in every corner of the United States and Canada — now, they have peers to turn to for advice and cooperation, whether organizing for a new megaproject or entering contract negotiations.

“This class is a part of investing in ourselves,” SMART General President Michael Coleman told business managers at the training. “That’s our responsibility to our locals, to our members and to this organization. That’s our obligation: that we are at the top of our game, that we are moving faster than others, and that comes with the education.”

The San Diego City Council unanimously approved a seven-year citywide project labor agreement (PLA) that will apply to every city project that costs more than $5 million in the first two years and $1 million projects for the following years, rewarding a long effort by SM Local 206 and the San Diego Building Trades to raise working standards in the city. The vote, which took place on January 30, followed a successful referendum in November 2022, when San Diego citizens voted to repeal the city’s 10-year-old ban on PLAs.

“For decades, San Diego was a test lab for what comes when a greedy, conservative establishment runs a big city,” San Diego City Council President Sean Elo-Rivera told the San Diego Union-Tribune. “It doesn’t work. This place is too expensive, folks aren’t paid enough, and more and more people are wondering how the hell they will continue to live in San Diego.”

PLAs help prevent worker exploitation and construction delays by setting wages, safety standards and regulations at union-negotiated levels, providing stronger pay and organizing complex jobs to be completed on time (saving taxpayer dollars in the process). They also frequently include local hire requirements and goals for employing historically disadvantaged workers, such as homeless people, veterans and more.

In a city that awards more than 100 contracts (approximately) for construction projects each year, San Diego’s new PLA promises years of work for SMART members and construction workers in an area growing ever more expensive to live in. That’s a big deal for working-class people across San Diego, and it’s due in large part to the determination and advocacy of unions like Local 206 in spearheading the successful Measure D referendum.

“I’m very proud to say that our members drove the bus on the passage of Measure D,” said Dave Gauthier, Local 206 business manager and financial secretary-treasurer. “We gave up our weekends and weeknights to repeal the largest PLA ban in the country. Negotiating for and winning this citywide PLA is literally the fruit of our labor, and I’m so happy to share this victory with the entire membership.

Local 206 Business Manager/Financial Secretary-Treasurer Dave Gauthier testifies to the San Diego City Council.

“Not only will this PLA provide new career opportunities for our community and more work for our members, it will also help us grow our membership numbers and our contractor base for years to come. We can proudly say that San Diego is now officially a union town!”

The victory on both Measure D and the citywide PLA negotiations demonstrates the importance of members getting involved in the political process. It also showed the power of solidarity across SMART and the labor movement, Gauthier explained.

“We couldn’t have done this without assistance from others in our union,” he said. “We received contributions from the SMART PAL (Political Action League) fund, the Western States Council PAC fund, the California State Building Trades Council and SMART Local 104 (Northern California). We organized a union-first campaign, and we should all celebrate the win together.”

After years fighting for thousands of sheet metal workers and their families as the president and business manager of SMART SM Local 19 (Philadelphia, Pa.) — and for SMART members across North America as a general vice president on the SMART General Executive Council — Gary Masino retired in early 2024.

Gary Masino

A third-generation sheet metal worker, Masino’s career began in the field, where he worked with the tools for approximately 20 years before becoming an organizer in September 2002. In 2006, he successfully ran for local office as a business agent, and in July 2011, he became president and business manager of Local 19. Several years later, former General President Joseph Nigro appointed him to serve as a SMART general vice president.

“I was honored to serve in that capacity and represent Local 19 at the table,” Masino said. “But after looking back on everything, by far the proudest moments of my career were when my two sons Gary and Eric decided to join Local 19, where they both served apprenticeships and are now working in the trade as journeymen.”

Masino took on a variety of leadership roles throughout his career: president of the Pennsylvania State Council of Sheet Metal Workers, president of the Mechanical Trades District Council of the Delaware Valley and vice president of the New Jersey State Council of Sheet Metal Workers. He also served as an executive board member of the Pennsylvania State Building Trades and the Pennsylvania AFL-CIO.

His leadership and industry expertise led former Philadelphia Mayor Michael Nutter to appoint him to the Philadelphia Department of Licensing and Inspection’s Board of Appeals in 2012, as well as the city’s zoning board in 2014. In 2015, then-Gov. Tom Wolf appointed Masino to his Transition Committee for Labor and Industry, later appointing him as a commissioner of the Delaware River Port Authority Board to lend his expertise in revitalizing the city’s historical ports. Current Pennsylvania Gov. Josh Shapiro later named Masino to his transition team as well, on the Workforce Development Subcommittee.

“I believe that everything I have, from the day I was born, wouldn’t have been possible without Local 19.”

Throughout Masino’s time as president and business manager, Local 19 organized aggressively to bring in new members, take on low-road contractors, elect pro-worker champions and pass legislation that benefited SMART members and working-class families. Masino’s tenure included historic, challenging times for workers: the aftermath of the Great Recession, during which Local 19 had 800 members out of work, and the COVID-19 pandemic. But years of organizing, strategic financial decisions and the appointment of full-time Political Director Todd Farally helped achieve membership growth, financial security and legislation that created work for members, putting the local in a position to secure its future.

In a retirement message to Local 19 members, Masino noted several of his proudest accomplishments: establishing a Local 19 holiday fund for out-of-work or injured members, which evolved into a program that offers qualified members a $1,000 benefit; the creation of a retiree family benefit that increased the local’s death benefit; growing the local’s sub-benefit; significantly increasing the contribution into the local’s annuity in some areas; securing the pension fund; and negotiating some of the strongest contracts in the local’s history.

Masino brought the same drive to the SMART General Executive Council, working with fellow leaders at the International to pursue growth and legislative wins that are benefiting SMART members across our two nations.

“I’ve had a great career,” he concluded. “I believe that everything I have, from the day I was born, wouldn’t have been possible without Local 19.”

The SMART Transportation Division began a new era in rail safety and worker protection by working with Norfolk Southern to accept and act on anonymous safety reports.

How It Works

The one-year pilot program, called the Confidential Close Call Reporting System (C3RS), is similar to one that airline personnel use to hold their airlines accountable. Rail workers will share safety concerns through a secure website. NASA, acting as an independent party, will organize, anonymize and share the reports with the Federal Railroad Administration (FRA). Under FRA guidance, improvements will be made by a joint committee including SMART-TD and other rail labor representatives, as well as Norfolk Southern management.

A Long Time Coming

C3RS first came to the rail industry in 2007, when SMART-TD predecessor United Transportation Union (UTU) and Union Pacific (UP) participated in an early version, running until 2013. They piloted the system in Bailey Yard, North Platte, Nebraska, the largest rail yard in the world. The program was highly successful: It increased safety and reduced critical incidents and rule violations. The program also greatly decreased employee discipline. Other Class III and passenger rail carriers began to benefit from the system around the same time.

The program requires voluntary agreement among the rail carrier, labor and the federal government. Despite its success, UP refused to renew the program, effectively killing it. SMART-TD has engaged in an ongoing effort to reintroduce the program at all Class I carriers.

We Have Only Begun to Fight

After our 17-year effort, Norfolk Southern (NS) decided to take the lead on rail safety, and this C3RS agreement shows that CEO Alan Shaw is serious in his commitment to making NS the safest railroad by partnering with rail labor. SMART-TD President Jeremy Ferguson and General Chairpersons Tommy Gholson, James Ball, David Phillips, Dan Weir and Joe Borders began making real progress with NS executives in 2023, resulting in a signed agreement on February 15, 2024.

“For years we’ve watched the successes of the several shortlines that have practiced under C3RS, and because of that, for years, we’ve long been advocates,” said Gholson, who was instrumental in negotiating the pilot program.

Gholson also praised the efforts of the four other general chairpersons for their roles in constructing the C3RS framework. Alternate National Legislative Director Jared Cassity provided leadership by being a facilitator in the process and coordinating with the FRA.

SMART-TD: Out in Front

In a speech soon after the agreement’s signing, Ferguson said: “Rail labor has been out in front since the beginning. We have always advocated for the right to have a protected avenue to report safety concerns and injuries without fear of harassment, intimidation or retribution.

“For far too long, this nation’s rail carriers have been complacent with their approach to safety. Obviously, this is something that can’t be reversed overnight, but we are hopeful that the corrective process can begin with a program like C3RS.

“There is no higher priority for SMART-TD or the workers we represent than safety, not just for their own welfare but also for the communities in which they operate.”

SMART Administrative Assistant Jackie Miesner retired from the SMART International staff on February 1, 2024, bringing an end to a nearly 40-year career in our union.

SMART General President Michael Coleman (left) with Jackie Miesner
L-R: SMART Director of Gov. Affairs Steve Dodd, Jackie Miesner, former Director of Gov. Affairs Vince Panvini

Miesner began her career in 1986 and provided endless assistance to the SMART Departments of Governmental Affairs, Education, Production, Organizing and Strategic Campaigns — supporting local unions and members across North America with pride and devotion.

SMART is grateful for Jackie’s 38 years of dedicated service to our union, and we wish her a long and healthy retirement!