SMART Transportation Division’s Indiana State Legislative Board’s Executive Committee announced this week that it has unanimously voted to support U.S. Sen. Mike Braun’s run for governor in Indiana. This is no surprise to railroaders, who have followed Braun’s advocacy for our issues in Washington.
SMART-TD has endorsed U.S. Sen. Mike Braun in the Indiana governor’s race.
Sen. Mike Braun stands with us. He has proven this through his actions, not just his words. Now is our opportunity to stand with him. Braun has proven himself worthy of SMART-TD’s support in Indiana’s primary election May 7, as well as in the general election this November. Please consider giving his campaign your personal support as well.
Braun stood up for us. He pushed for us to get the dignity of paid sick leave before the press had made it a national issue and before any of the carriers had begun to consider it as an option. He and Sanders made our sick leave a national issue, and less than two years later, 86% of us now work under agreements that include the paid sick days Sen. Braun envisioned.
As if that were not enough reason for this union and all of rail labor to rally around him, Sen. Braun also co-sponsored the Railroad Employee Equity and Fairness (REEF) Act and the Railway Safety Act, which seeks to codify two-person crews into federal law and provide us with many other common-sense safety initiatives, like regulating defect detectors and limiting train length.
“The decision to endorse Mike Braun for governor was an easy one to make. It is based on one of our core values — we support those who support us! Mike Braun is a consistent supporter of rail safety and rail workers. We look forward to joining with Mike Braun in 2025 to continue the work of strengthening rail safety here in Indiana at the state capitol.” — Indiana SLD K.O. Edwards
In his official endorsement, SMART-TD Indiana State Legislative Director Kenny Edwards said: “The decision to endorse Mike Braun for governor was an easy one to make. It is based on one of our core values — we support those who support us! Mike Braun is a consistent supporter of rail safety and rail workers. We look forward to joining with Mike Braun in 2025 to continue the work of strengthening rail safety here in Indiana at the state capitol.”
“I would like to start off by saying that this decision by President Biden’s administration is historic for SMART-TD members and all rail labor. Today’s ruling codifying the two-person freight crew not only demonstrates this administration’s dedication to the safety of this country and our workforce, but it also shows their respect and acknowledgment of our men and women and the work they do. They see our value to this nation’s economy and security. Every railroad professional should take pride in this accomplishment and recognition. We are too often undervalued. Today is a day we should all remember. When this rule came open for public comments, SMART members stood up and spoke with over 13,000 responses to the FRA. Today, we all celebrate the result and the essential proof of the value of the labor of the people aboard the nation’s freight trains. This effort defines what it is to be a union and the power of workers to stand as one. We did it together as a SMART-TD family, and I am unbelievably proud to be the president of this union in what is a defining moment for our industry where safety finally and deservedly came first.”
— SMART-TD President Jeremy Ferguson
INDEPENDENCE, Ohio (April 2, 2024) — After a multi-year effort by SMART-TD members and leadership, DOT Secretary Pete Buttigieg announced today that there will be a minimum of TWO certified rail crew members assigned to the cab of freight trains in the nation. The Federal Railroad Administration (FRA) ruling on the Notice of Proposed Rule Making (NPRM) finally puts safety first for our industry. With this action, President Joe Biden’s Department of Transportation (DOT) delivered on a promise made in 2020, which supports our ongoing struggle to force railroads to responsibly operate their trains.
SMART Transportation Division President Jeremy Ferguson speaks during the announcement of the FRA’s two-person crew regulation on April 2.
Today’s announcement solidifies the role of freight conductors in this country. It comes after a long fight between SMART-TD and the Association of American Railroads (AAR), the railroad companies it represents and the hedge fund operators who own many of the nation’s railroads. SMART’s members participated by sending 13,000 comments to the FRA on the regulation. TD President Jeremy Ferguson and our union’s national and state legislative officers relentlessly pushed lawmakers and government officials to understand the safety ramifications of a nation with single-person freight train crews. President Ferguson attended and testified at the FRA’s public hearing on this regulation in December 2022 and delivered 20 minutes of firsthand accounts to FRA officials demanding they take this step to protect the country from the railroad companies’ greed.
Federal Railroad Administrator Amit Bose speaks as SMART-TD President Jeremy Ferguson and U.S. Transportation Secretary Pete Buttigieg listen in Washington D.C. on April 2.
National Legislative Director Greg Hynes and Alternate National Legislative Director Jared Cassity orchestrated outreach to every state in the U.S., mobilizing our members to stand up and take part in the public comment period, resulting in our record-setting number of submissions.
Cassity had this to say: “It is no secret that the railroads in this country have been relentlessly pursuing a way to cut our rail crews down to one person. They have poured millions of dollars into pursuing technology that allows them to do this. These corporations are open with the fact they see more value in the trajectory of their stock prices than the safety of this country or the well-being of the conductors and engineers who are the bedrock of our economy. This fight raged for years and, as a union family, we stood toe to toe with the railroads. I want to thank our members for staying engaged in this fight.”
The announcement of this new regulation comes as a relief to all rail workers and to all concerned with rail safety in America. SMART-TD National Legislative Director Greg Hynes gives credit for this win to the collective effort of railroad workers and the state legislative committees throughout SMART’s organization.
“This announcement didn’t come out of thin air. It came from the hard work and dedication of SMART-TD’s men and women!” Hynes said. “Two-person crew regulations have been discussed for years through multiple presidencies and even more sessions of Congress. The men and women of this union have never relented or allowed this issue to get pushed to the side. Our state legislative directors have taken up this fight state after state. Our members have made their voices heard from coast to coast on this issue. Today we reach a place where our vigilance and persistence have paid off. This administration got it done.”
Transportation Secretary Pete Buttigieg announces FRA’s two-person crew ruling on April 2 in Washington, D.C.
The regulation, often mired in partisan struggles, was not a certainty. SMART-TD state legislative committees worked relentlessly to get a dozen states to set a minimum crew size. Our work would continue should the regulation change under a future administration.
Cassity continues, “We have every right to celebrate today’s ruling from the Biden administration, but we cannot for one second think this fight is over. We must stay informed, involved, and on offense. These railroads aren’t used to losing. They will come out swinging to argue against the reality that our people matter, and we have got to be ready for it. SMART-TD remains vigilant, and we ask you to continue to stand with us.”
Attendees at the announcement of the two-person crew freight regulation take a group photo April 2, 2024.
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If you’re interested in speaking more about the ruling on two-person freight rail crews, we’d be happy to connect you with:
SMART Transportation Division President Jeremy Ferguson
President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mich., was elected president of SMART’s Transportation Division in 2019.
President Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the 2019 national rail negotiations for the union.
SMART Transportation Division National Legislative Director Gregory Hynes
Greg Hynes is a fifth-generation railroader and was elected national legislative director in 2019.
Hynes served on the SMART Transportation Division National Safety Team that assists the National Transportation Safety Board with accident investigations, from 2007-2014.
In 2014, he was appointed to the Federal Railroad Administration’s Railroad Safety Advisory Committee (RSAC), which develops new railroad regulatory standards.
Hynes was appointed the first chairperson of the United Transportation Union’s Rail Safety Task Force in 2009 and served in that capacity until being elected SMART Transportation Division alternate national legislative director at the Transportation Division’s 2014 convention.
SMART Transportation Division Alternate National Legislative Director Jared Cassity
Jared Cassity, a member of Local 1377 (Russell, Ky.), was elected to the office of alternate national legislative director at the Second SMART Transportation Division Convention in August 2019 and became director of the union’s National Safety Team in June 2021.
Cassity started his railroad career with CSX in September 2005 and was promoted to engineer in 2008.
In addition to his elected roles, he has been a member of the National Safety Team since 2014, where he was subsequently elected to the position of Alternate Director (East) for the NST in 2016. Likewise, he was elected by his fellow peers of state directors to serve as the directors’ representative on the CSX Safety Model Executive Board in 2013.
Our union, Local 1503 in Marysville, Kan., the Kansas State Legislative Board and GCA 953 mourn the loss of Brother Benjamin “Ben” Berger.
Benjamin Berger of Local 1503.
A strong union brother always willing to do his part for his union, his community, and his family, he was reported missing earlier this week and his body was found late Thursday night. Unfortunately, authorities say he did not survive a car wreck on Saturday, February 17, the day he went missing.
Ben was a Union Pacific conductor and a proud member of Local 1503. He hired out in North Platte, Nebraska, in 2011 and was with SMART-TD for all 13 years he has been on the rail. Berger also donated his time away from the rail to his community as a member of his local volunteer fire department.
With Brother Berger’s passing, SMART-TD is asking our union brothers and sisters to lend support to Ben’s wife and family in their time of need. Kansas State Legislative Director Ty Dragoo, a fellow member of Local 1503, has organized an online fundraiser to benefit Brother Berger’s loved ones. If able, please donate in memory of our fallen brother.
The SMART Transportation Division offers its sincere condolences to Brother Berger’s friends, family, his Local 1503 brother’s and sisters and all who knew him in this difficult time of loss.
Sam Nasca, the dean of active SMART Transportation Division state legislative directors, who led union efforts for at least 32 years in the state of New York, passed away on Feb. 14, 2024, at the age of 90.
New York State Legislative Director Sam Nasca passed away Feb. 14 at age 90.
Brother Nasca first joined the union in 1959 and was in his 64th year as an active member of our organization. He hired out as a trainman and worked for the Erie, Erie Lackawanna and Conrail railroads. He was the last active SMART-TD officer who had been a member of the union prior to the merger that created the United Transportation Union (UTU) in 1968.
“Brother Nasca was a reliable and trusted leader since well before some current national officers had even hired on,” National Legislative Director Gregory Hynes said. “He had a major effect on the progress our union has made in New York.”
SLD Nasca’s noteworthy longevity resulted in him being a well-respected advocate for labor in the state capital of Albany and in his hometown. In December 2023, Nasca was honored for his nearly three decades of leadership with the Hornell City Democrats in the town where he lived.
Three days later, on Dec. 8, 2023, Gov. Kathy Hochul signed a two-person crew bill, fulfilling a long-term goal of the union in the Empire State and making New York the third state that year to pass and put into law a two-person crew provision.
Having had the opportunity to sign similar legislation a year earlier, Nasca and his SLB’s persuasive effort toward Hochul undoubtedly had an influence in making the 2PC bill into law the second time around.
“You do not accomplish things legislatively by giving in after a single setback,” Alt. National Legislative Director Jared Cassity said. “He and the New York State Legislative Board took Gov. Hochul’s failure to sign in 2022 to heart and got the bill signed the year following.”
As a sign of respect, Nasca was among the final people to be named to the SMART-TD Executive Board at the 2019 TD Convention in Las Vegas prior to that body’s dissolution. He also took part in multiple negotiations during his long, distinguished career on the bus and rail properties in his state to achieve just contracts for workers.
He had also contributed to the union’s political efforts from the first day as a member of the Brotherhood of Railway Trainmen. He remained a contributor to TD PAC until his death.
Brother Nasca served in the United States Air Force from 1952-1957, based primarily in Texas and Germany, and received a Good Conduct Medal and the National Defense Service Medal.
He is survived by two daughters and two sons; eight grandchildren and a great-grandson. He is also survived by two brothers; several nieces and nephews; and his companion, Judy Masti.
Calling hours are 1-4 p.m. Feb. 25, 2024, at the Bishop-Johnson & DeSanto Funeral Home, 285 Main Street, Hornell, N.Y. Relatives and friends are invited to join his family at St. Ann’s Church, 31 Erie Avenue, Hornell where a Mass of Christian Burial will be celebrated at 10 a.m. Feb. 26, 2024.
The SMART Transportation Division offers its heartfelt condolences to SLD Nasca’s family, friends the New York SLB and our membership in the Empire State. Brother Nasca’s life and legacy as a labor advocate serves as an example of unyielding commitment to the cause of the worker that we all can learn from and use as an inspiration.
“Charlie was well liked by everyone he came across and loved by those privileged to know him well. Constantly smiling and showing off pictures of his wife, fur babies, family, and his quail, Charlie was of good character and always projected a happy soul,” LC Relic wrote in the fundraiser. “He will forever be remembered.”
Visitation is scheduled 2 to 3 p.m. Friday, February 16, 2024, at Finch Funeral Chapel in La Vernia, Texas, with a memorial service beginning at 3.
The SMART Transportation Division expresses its sincere condolences to Brother Scherbarth’s family, his Local 210 brothers and sisters and all who knew him.
Tomorrow, February 13, 2024, Long Island, N.Y., will select the newest member of the United States Congress. With 435 seats in the House, it may not seem that this seat is particularly important to the well-being of SMART-TD members.
But it is.
Rarely in our nation’s history has Congress as a whole been so evenly divided between Republicans (268) and Democrats (260) with three independents who usually caucus with Democrats. It makes for a divided legislative branch with Republicans in charge in the House and Democrats controlling the Senate.
So, when an open seat is decided in an off-cycle special election like the one Long Island has tomorrow, its importance is magnified. Party affiliation doesn’t matter to this union. The only two groups we care about in the Capitol are W’s and A’s. That is to say those that are “with” transportation workers and labor at large, and those who are “against.”
As close as the House of Representatives is in the margin between the R’s and D’s, it is just as much of a dogfight between the W’s and A’s. SMART-TD is asking all of our members in New York’s 3rd Congressional District to go to the polls if they have not already voter early on Tuesday, Feb. 13th to support Tom Suozzi, whose voting record on transportation issues has him squarely on the W side.
During Suozzi’s time in Congress, before George Santos came onto the scene representing Long Island, our union was able to count on two things from him. He consistently consulted SMART-TD and our Alt. Vice President/General Chairperson from the Long Island Rail Road (LIRR), Anthony Simon, on all issues affecting our members.
Adding to Suozzi’s value to SMART-TD members in the House of Representatives is that when he and Congress were faced with transportation issues, especially affecting LIRR, he didn’t wait until his mind was made up on the issue to reach out to us. Some legislators have a relationship with labor unions where they feel obligated to reach out to us to explain their vote before or after it is cast. Suozzi treats GC Simon and our members as valued assets who contribute to him forming his opinion rather than as a voting bloc he needs to pacify or make sure is kept happy.
Suozzi is known to value our input and will continue to if we are able to ensure his opportunity to return to representing Long Island in the House. He is a valued partner in our union’s effort to promote safety in transportation as well as investing in the value we bring to our neighborhoods and the country.
SMART-TD is proud to stand with Suozzi tomorrow and, more importantly, for the duration of his time serving New York’s 3rd Congressional District. Please do your part to ensure this union’s future and get out to vote in tomorrow’s special election. Our brothers and sisters deserve to have Suozzi’s voice fighting for them while critical bills like the Railroad Safety Act of 2023, bills promoting the safety of transit workers, and other pivotal to us are crafted in our nation’s capital!
The deadline for the discounted hotel reservations for the March 4-7, 2024, Albuquerque, N.M., Regional Training Seminar has been extended. The new deadline is now Friday, Feb. 9.
The meeting will take place at the Embassy Suites by Hilton Albuquerque 1000 Woodward Place NE, Albuquerque, New Mexico, 87102. The event rate is $142 per night.
In 2023, SMART-TD’s state legislative boards and our National Legislative Department made tremendous progress making two-person crews the law of the land in multiple states across the country. Less than a month into 2024, Nebraska and New Mexico are carrying this momentum into this year’s legislative sessions.
Both of these states put bills into play in last year’s sessions, and both saw some success. New Mexico and SLD Don Gallegos were successful not only in getting a 2PC bill through committee on the House side, but as we reported last year, Gallegos and his state legislative board were also able to get the bill passed by the New Mexico House of Representatives on the floor and had the bill sent to the state Senate. Unfortunately, it was met with enough hesitation that the bill stalled.
In Nebraska, their brand-new SLD Andy Foust off of BNSF’s property in Lincoln, saw his state’s 2PC bill get stonewalled in committee where he rallied more support than anticipated, but the bill never received a vote. In the process, Foust and his team made a positive impression on the legislators in Lincoln, and they spent time between legislative cycles fostering those relationships.
This year, the inroads made last year by both Brother Foust and Brother Gallegos are looking to pay off. In the very early stages of both states’ legislative process, there have been distinct signs that legislators have become more familiar with the need to establish a minimum crew size aboard trains.
In Nebraska, last year’s Transportation Committee Chairperson neglected to even put our bill to a vote in committee. This year’s bill was in the same committee and passed with an impressive 6-1 margin with a recommendation of passage by the full Legislature. One of the senators on the eight-member committee was vocal about her opposition to our bill until SMART-TD put out a Legislative Action Email Alert to our members of her district and they responded to it with enthusiasm.
The number of responses Sen. Carolyn Bosn received from our members/her constituents in Nebraska’s 25th District helped her remember that although BNSF and UP might provide campaign dollars there, SMART-TD members and the railroad families there are the ones who do the voting. The response from our members in Nebraska made Bosn think twice, and she ended up declaring “Present, Not Voting” rather than try to explain a “no” vote to Foust and our membership.
With Bosn opting not to vote in committee, the measure passed with a strong 6-1 vote. The rail safety bill, known as SB LB31, is now on its way to the floor of Nebraska’s full Legislature, where it awaits a vote and will hopefully make its way to Gov. Jim Pillen’s desk for a signature.
The bill has more than the impressive two 6-1 committee votes going for it. The bill is noted as a “Priority Legislation,” which means it is being fast-tracked to get a vote of the full Legislature. Along with its primary sponsor, state Sen. Mike Jacobson, Foust is proud to see that an additional 14 of the state’s legislators have signed on as co-sponsors. To say that some good work has been done to get a bill to this point that was not even given the courtesy of a committee vote in the last session is an understatement.
Moving ahead in New Mexico
In New Mexico, SLD Gallegos was successful last session in getting a 2PC freight train bill passed through their House of Representatives, but the clock ran out on the session while the bill was in the state Senate. 2024 is quickly becoming a very different story.
On January 23, Gallegos and SMART-TD’s State Legislative Board in New Mexico used the tracks laid last year to push this year’s version of their 2PC bill through the house at breakneck speed. The next committee hearing for the bill will be January 30 in the House Transportation, Public Works & Capital Improvements Committee where we hope to build on our momentum. For our members (especially LRs) attending the Regional Training Seminar in Albuquerque from March 5th through the 7th, it would be an excellent opportunity to get together with Brother Gallegos and the members of his state board to discuss their recent success and learn from the process they went through to get to this point.
Brothers Gallegos and Foust and the progress of the legislation they’ve been championing show that our organization is off and running to a great start.
The 3rd Congressional District of New York has consistently valued proven leadership — with the glaring exception of George Santos. Luckily for the people of Long Island and SMART-TD members in particular, we have an opportunity to right the ship in February.
Our union has an ally in this race with a proven track record of serving the district and our membership with consistency. Congressman Tom Suozzi is a known commodity in Long Island. We remember him over his six years in Congress that highlighted his advocacy for nationwide two-person crew legislation and for his role championing the Long Island Rail Road in Washington.
Suozzi has been a personal friend of SMART-TD Alternate Vice President and General Chairperson Anthony Simon for nearly two decades. While in office, Suozzi has a track record of consulting with Simon and your union on a regular basis using our organization as his sounding board for every decision and vote he made affecting the transportation industry.
Your union has rarely, if ever, had a better advocate. Suozzi has brought funding to both the subway and LIRR, among other projects, that have benefited our members.
Now he needs our help. We owe it to ourselves to bring consistent and reliable leadership back to Long Island’s 3rd Congressional District. Not only does Congressman Suozzi need our support Feb. 13, but he has arranged for all organized labor to show the world who he serves and why. Suozzi and his campaign are asking Long Islanders in the labor movement to take advantage of their ability to vote early and do it on the same day (Feb. 3) so that they can use the vote totals from that day to demonstrate our collective power.
SMART-TD and Simon are asking for your support. All members of our union and other labor organizations have been informed that Congressman Suozzi’s campaign is asking our men and women to cast their ballots at their local early voting locations on Feb. 3.
The goal is to show a noticeable spike on what they are calling Labor Votes Day and put Washington on notice that Representative Suozzi is coming back to Capitol Hill with a clear, distinct mandate that he is there to represent labor and our interest.
There are rallies for the congressman planned in multiple locations on Feb. 3 aimed at rallying labor and getting our collective voice heard that day. More information will be provided on these events as we get closer.
Please do your due diligence as a SMART member and as an American, and double check that your voter registration is up to date and that you know where your early voting location is. This is our moment to return sanity to New York’s 3rd Congressional District and to return a champion for our union to Washington!
Any of us who has had a conversation in a crew room, locker room or a locomotive about politics knows that there is a 50% chance that things could get awkward in a way that’ll take more than a few minutes to clear the air. When in a 10-square-foot metal box with another alpha personality for 12 hours and you have another 12 hours to look forward to the next day, we all know that it is good practice to avoid getting into the vortex of politics or religion.
Most of us have learned that lesson the hard way and have some colleagues we don’t like working with because of it. This is symptomatic of the fact that politics has no place in a bus garage or in railroading. What should matter on the job (as well as when transportation issues are discussed on Capitol Hill) are safety, common sense and getting the job done.
Your union agrees with you on this topic 100%. Our true north is keeping our members safe and properly compensated for the essential role they have in this nation’s economy. As part of our mission to accomplish these two goals, we keep as close an eye on Congress and the state legislatures as bus operators keep on traffic signals and pedestrians and railroaders keep on the track ahead.
Unlike some unions that simply choose a party and blindly support the candidates in that party, SMART-TD is laser-focused on analyzing candidates’ voting histories more than their campaign promises when we choose to endorse in any race from City Council to the presidency. The conclusion of this research is often that the Democratic candidate for a given office is more in line with the values and goals of SMART-TD on rail, bus and transit issues, but that’s NOT always the case. Just like you take a serious approach to your daily tasks on the job, our union’s national and state legislative teams do the same.
The process of breaking down each race is done pragmatically and without predetermined outcomes. As a result, a study our union’s political consultant presented at SMART’s most-recent leadership meeting showed that our Political Action Committee, (PAC) had a breakdown of 80% donations to Democrats and 20% to Republicans. As a frame of reference, our closest rail labor partner, the Brotherhood of Locomotive Engineers, had a ratio of 96% Democratic support to only 4% Republican in the same timeframe.
As it turns out, there is no political party with a monopoly on common sense or a focus on doing the right thing by transportation workers, the nation’s economy or the safety of the communities we live and work in. Co-author of the Railway Safety Act of 2023, U.S. Sen. J.D. Vance (R-OH) recently said in The Hill, (a D.C. newspaper) “These rail lines pass frequently through Republican areas, small towns with a lot of Republican voters. How can we look them in the eye and say, we’re doing a good job by you? If we choose the railroads over their own interests, we can’t.” While the words align with what our union fights for daily, it is the fact that he recognizes the need for change in rail safety and introduced the legislation that will hold the most weight when considering whether to endorse Vance for a new term when the time comes.
Arizona State Legislative Director Scott Jones, left, poses with U.S. Sen. Josh Hawley during 2023’s Railroad Safety Day on the Hill.
Missouri U.S. Sen. Josh Hawley is a polarizing national figure. However, he was one of just a half-dozen Republicans in the Senate who voted to give seven days of paid sick leave to all railroad employees in late 2022. He also supports the bipartisan Railway Safety Act of 2023 that Vance and his fellow Ohio Sen. Sherrod Brown introduced. Last week, Hawley signed on as a cosponsor to the Railroad Employee Equity and Fairness (REEF) Act to stop the practice of targeted federal taxes on our brothers and sisters who are furloughed or can’t work because of a medical disability. He has stood with SMART-TD members on these three rail issues that hit close to home for a large segment of our membership. When he signed on as a cosponsor to the REEF Act, our union emailed the news to all our members in Missouri along with a prewritten thank you to send to the senator’s office.
Unlike some other unions, our union is always open to supporting legislators whose prime motivation is our people — looking out for your safety and that of the communities where you live and work.
Please keep this fact in mind when considering whether to donate to SMART-TD’s PAC and also when you consider what union you should belong to in the first place.
Additionally, this is a good perspective to keep in mind when SMART-TD does endorse a candidate in a political race. There is no need for skepticism. If you hear any chatter that SMART-TD’s endorsements are one-sided or biased, that is 100% correct. We are unapologetically on the side of YOU and YOUR LOVED ONES who rely on you.
SMART-TD is proud to be known for this bias and not any obsession with partisanship.
