Vaccine cases consolidated in Illinois court

On Wednesday, U.S. District Court Judge John Lee consolidated multiple lawsuits that had been filed in the Illinois federal court, including ones by SMART Transportation Division and two other railroad unions challenging two Class I carriers’ implementation of coronavirus vaccine mandates. Both Union Pacific and Norfolk Southern announced in October that they would issue company-wide […]

Unions counter Norfolk Southern COVID vaccine mandate

CLEVELAND, Ohio, (Oct. 29, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) have responded to the suit Norfolk Southern Railway (NS) filed against them on Oct. 21, 2021, in the United States District Court for the […]

Unions file for injunctions against Norfolk Southern

CLEVELAND, Ohio (Oct. 28, 2021) — The SMART Transportation Division (SMART–TD) and Brotherhood of Locomotive Engineers and Trainmen (BLET) escalated their fight against Norfolk Southern Railway (NS) to stop the railroad from forcing locomotive engineers to work as conductors, and for disciplining those who don’t. The two unions each filed motions for preliminary injunctions yesterday […]

SMART-TD arbitrates crew-consist dispute

On June 15 and 16, 2021, the simmering dispute between the SMART Transportation Division and carriers over crew consist finally reached arbitration before neutral party John LaRocca in Sacramento, Calif. Class I railroads BNSF, UP, NS and KCS initiated a claim in October 2019, just prior to the opening of the current round of national […]

Ninth Circuit Ruling Favors Unions and States, Rejects FRA’s Attempt to Preempt State Crew Law

CLEVELAND, Ohio (Feb. 23, 2021) — Two of the country’s largest freight railroad unions achieved a favorable decision in the Ninth Circuit Court of Appeals on Tuesday regarding an attempt by the Federal Railroad Administration (FRA) to preempt legislation passed by a number of states that established a minimum of two-person operating crews on freight […]

SMART-TD Wins Another Victory in the Crew Consist Battle

On January 8, 2021, Arbitrator Wendell Bell issued his arbitration award regarding the process and procedure in arbitrating the Carriers’ (UP, BNSF, NS & KCS) attack on the Crew Consist Moratoria. The arbitration, known as a “Procedural Public Law Board,” had the purpose of determining the terms of how any primary arbitration should proceed. Procedural […]

President Ferguson: Setting record straight on anti-labor articles

Brothers and Sisters, It’s time to set the record straight. I am certain many of you have seen the recent anti-labor articles that have been published regarding our recent win in the U.S. Court of Appeals for the 5th Circuit. That win has apparently struck a raw nerve with the carriers and the minions who […]

Fifth Circuit vacates injunction in crew-consist case

Today, Aug. 28, the U.S. Court of Appeals for the 5th Circuit issued its decision in BNSF et al v. SMART-TD (Case No. 20-10162) concerning crew consist. This decision is a long-awaited victory for the Union. The appellate court vacated the injunction that forced SMART-TD General Committees to bargain over crew consist, despite the existence […]