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Following suit with the other General Committees of Norfolk Southern, General Chairperson Dan Weir (GO-348), and General Chairperson Joe Borders (GO-346), representing yardmasters on Norfolk Southern properties, announced that on June 2 they reached an agreement with the carrier to provide quality-of-life enhancements for all Norfolk Southern yardmasters.

NS yardmasters will be granted, effective Jan. 1, 2023, and continuing each year after, four paid sick days to be used during the calendar year with unused sick days being paid out at the end of the year. In addition to the four paid sick days, NS yardmasters will be allowed to use up to three personal leave days or single days of vacation as paid sick days after a yardmaster has exhausted the annual sick leave provided in the agreement.

To further enhance this agreement, NS yardmasters’ personal leave days, due but not taken, will be allowed to be carried over to the following year and accumulated without a cap on the number of days that can be banked. NS yardmasters in good standing or whose employment status has been terminated may elect to receive payment for all or any portion of accumulated personal leave days. In the event of the death of the yardmaster, the personal leave days accumulated will be paid to the member’s estate.

Both General Chairman Weir and Borders, along with Alternate Vice President Chris Bartz agreed early on that they would stand firm to get the best possible agreement for the yardmaster craft on Norfolk Southern regarding sick pay. After numerous negotiations, calls and deliberations, the agreement was reached.

GCs Borders and Weir thanked both SMART-TD President Jeremy Ferguson and Alt. VP Bartz for their leadership and guidance in getting a positive agreement for the membership.

NS becomes first Class I railroad to negotiate paid sick leave for all craft railroaders

ATLANTA, and INDEPENDENCE, OH, June 5, 2023 – Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced today that they have reached an agreement with representatives for their final group of craft employees – yardmasters – to provide up to seven paid sick days per year.

The agreement will immediately provide nearly 300 Norfolk Southern yardmasters with four new days of paid sick leave per year while also offering them the flexibility to use up to three additional days of existing paid time off as sick leave.

With this agreement, Norfolk Southern is the first Class I railroad to have negotiated paid sick leave agreements for 100 percent of its craft workforce.

“This agreement will provide our hardworking yardmasters the time they need and deserve to take care of their personal wellbeing,” said Jeremy Ferguson, President of SMART-TD. “I want to thank Norfolk Southern for their partnership on this deal, and for leading the industry as the first railroad to sign sick leave agreements for every one of our dedicated union members. And most importantly, I want to thank our SMART-TD general chairmen, Joe Borders and Dan Weir, for negotiating this important new benefit for Norfolk Southern yardmasters.”

This final paid sick leave agreement for yardmasters builds on the momentum from the comprehensive quality-of-life package that NS and SMART-TD negotiated last month for another group of SMART-TD members – conductors and trainmen. The conductor and trainmen agreement, which included paid sick leave, was ratified by union membership last Friday.

“Following national labor negotiations, we committed to address quality of life issues for our craft railroaders. With today’s agreement, we make good on that promise,” said Norfolk Southern President and CEO Alan Shaw. “I am proud of our team for working collaboratively with union leadership over the last four months to reach agreements that benefit all of our craft colleagues.”

Although this agreement is an important milestone for paid sick leave, Norfolk Southern remains actively engaged with all its labor partners to further explore and negotiate the quality-of-life benefits that will have the greatest positive impact for its employees and position Norfolk Southern as an industry leader and employer of choice.

Read a synopsis of the agreement.

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About Norfolk Southern

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have moved the goods and materials that drive the U.S. economy. Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and is the largest rail shipper of auto products and metals in North America. Norfolk Southern also has the most extensive intermodal network in the eastern U.S., serving a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.

About SMART-TD

SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. More information about the union is available at www.smart-union.org.

On June 2, 2023, SMART Transportation Division members represented by General Committees of Adjustment GO-898, GO-687 and GO-680, have voted to ratify their tentative agreement with Norfolk Southern and will benefit from increased wages, as well as improvements to their quality of life.

Eligible members participating in the vote approved the new contract with approximately 60% in favor of ratification.

The ratified contract provides for:

  • Additional time off and scheduled rest days;
  • 5 paid sick days with the option to convert up to 2 personal leave days to on-demand sick days;
  • Unused personal leave days can now be carried over and accumulated indefinitely, with no limitations;
  • More predictable scheduling process to use paid leave and vacation days;
  • Compensation increases beyond those already provided for via national bargaining, with shift differential pay for weekend assignments;
  • Continuous detention/held-away pay beginning after 15 hours, paid continuously until the on-duty time at the away-from-home terminal;
  • Increased away-from-home terminal meal allowances;
  • More predictable work and flexibility in time off.

General Chairpersons Tommy Gholson (GO-898), Jim Ball (GO-687), David Phillips (GO-680), Assistant General Chairpersons Andrew Evans (GO-680), Jason Roberts (GO-898) and Brian Sharkey (GO-687), along with SMART-TD Vice President Brent Leonard, negotiated the now-ratified agreement.

Following the tabulation of votes on June 2nd, General Chairperson Ball said, “This is a proud day for all of us who were involved in getting this agreement hammered out. We got our brothers and sisters more compensation, better schedules, and the dignity that comes with having paid sick days so we can take care of our families and not get our coworkers sick in the meantime.”

General Chairperson Gholson said, “These changes have been a long time coming. Our members have been screaming especially for the quality-of-life upgrades that came with this agreement, but in this industry, those improvements have to be fought for. Nothing is given. We knew that going in, and with the help of Vice President Leonard, we got our members a great deal. We want everyone involved to know that we addressed every issue we set out to address and a little more, but the fight is far from over. We have momentum, and we aren’t done advocating for the front-line workers of Norfolk Southern.”

For his part in this win, GC David Phillips said, “This agreement is historic not only for what it brings to the table for the train service crafts, but it also raised the bar to the degree that engineers will see the quality-of-life enhancements negotiated by SMART-TD. The language we worked on for five months set a pattern and a high bar that required the carrier to extend those enhancements
to other crafts. As such, every member of our crew rooms are able to benefit from the fortitude of SMART-TD.

“I have worked as a SMART engineer, and speaking as a SMART engineer, it is very satisfying to see the hard work of SMART benefit those of us working in the Enginemen craft.”

Vice President Leonard was quick to recognize the hard work, professionalism, and experience that the NS general chairpersons brought to the bargaining table was the key to the success of this agreement. He said, “I want to start by congratulating the SMART-TD members of Norfolk Southern on the significant pay raises and quality of life improvements they just obtained. General Chairpersons Phillips, Gholson, and Ball deserve ample recognition for their dedication to hammering out this historic agreement. This is a big win for those General Committees and the members they represent.”

SMART-TD President Jeremy Ferguson’s reaction to the ratification announcement was, “The rail industry has always been built on the backs of conductors and trainmen. Our NS members and their elected representatives have stood up for themselves and demanded to be compensated both financially and with lifestyle improvements that are more in line with the importance of the work they do. I am excited to see these well-earned victories with sick days and schedule flexibility, and I am hopeful that this win for our NS brothers and sisters leads the way towards similar improvements across the industry.”

Many of us think of the SMART-TD’s Designated Legal Counsel as “The FELA guys” who come to our Local meetings.  Members in Minnesota learned DLC does a lot more for our organization.

The recent two-person crew victory in the state didn’t magically happen. It took many people and many years to pull, push, and drag it over the finish line, says SMART-TD Minnesota State Legislative Director Nick Katich.

And Designated Legal Counsel law firm Hunegs, LeNeave, and Kvas played a major part by stepping up and making a major contribution, he said.

“We got our bills through House and Senate Transportation committees and the next stops were in Judiciary,” Katich said. “While railroaders can speak to why a two-person crew is necessary, it takes a lawyer to testify before Judiciary and be able to cite case law off the cuff.”

HLK had a representative who, in two separate hearings, volunteered his time, talent and vocation to the betterment of rail labor and a successful outcome for the bill.

“I fear we would not have made it out of committee,” said Katich.  “We all owe a debt of gratitude.”

Please thank your DLC for all they do to support our Union, workplace safety, and worker rights.

SMART Transportation Division members represented by GO-953 who work on Union Pacific’s Eastern District, Pacific Northwest, and Idaho Territories ratified a crew-consist agreement that preserves the in-cab conductor position that had been at the center of a court battle and targeted by the carrier for transfer to a nomadic “expediter” role.

The three crafts participating in the vote approved the new contract with more than two-thirds (68.16% aggregate) voting in favor of ratification.

The ratified contract provides for:

  • A $27,500 signing bonus upon the contract’s ratification.
  • Continues to require the conductor’s position as being based in the cab of the locomotive.
  • 30 years of protections for brakemen/switchmen who have assignments abolished.
  • Continued use of brakemen/switchmen as needed.
  • No rules changes regarding switching between road and yard crews
  • Additional pay for assigned road and yard service performed with a reduced crew.
  • Expanded utility position that is paid $50.00 per hour and has a set schedule.
  • Overtime in pool freight.

General Chairperson Luke Edington of Local 286 (North Platte, Neb.) negotiated the successful agreement with assistance from Vice General Chairperson Zach Nagy and Vice President Brent Leonard.

“This was a challenging process, but the result is a contract that our members found to be to their satisfaction,” Edington said. “The conductor’s role is preserved at least until the next round of Section 6 notices in 2024.”

SMART-TD Vice President Brent Leonard had this reaction to ratification of GO-953’s agreement: “This agreement serves to protect the train & yard service crafts and ensures these crafts as the crafts of the future. SMART-TD is the only transportation craft with agreements protecting their position now and into the future and does so without tying their position to that of another craft. Despite the efforts of outsiders who tried to prevent train & yardmen from becoming the highest-paid railroad craft employees, SMART-TD members recognized their value and secured their future. I commend the SMART-TD members for recognizing this and overwhelmingly ratifying the agreement. SMART-TD will continue to lead and secure the future for our members.”

When GC Edington made the vote count known, SMART-TD President Jeremy Ferguson reacted by saying, “I am very pleased by the membership’s decision to ratify this agreement that all of the involved SMART-TD officers worked so diligently on making the best possible agreement we can all be proud of, while securing our member’s future. All of their hard work proves why we’re the biggest, the best and the first. Failure of the agreement would have led to a reopening of mediation over the carrier’s prior Section 6 notice and exposed the conductor’s position to the potential ‘redeployment’ that Union Pacific had sought.”

GO-953 has members in 48 TD locals and represents workers in Union Pacific’s Eastern, Pacific Northwest and Idaho territories (former Chicago-Northwestern Railway Co.), Kyle, Nebraska Central and Portland Terminal railroads and the Wichita Terminal Association.

Momentum is a powerful force. Right now, it is on rail labor’s side and our leadership is doing a great job of using it to the advantage of our membership. Monday, May 22, Joe Bennett, general chairperson of GO-851, and Brian Killough, general chairperson of GO-513 announced a tentative agreement with CSX to grant paid sick leave to its members.   

This announcement continues the progress that has been made by their counterpart in the northern region of CSX (GO-49) and by the general committees of Norfolk Southern. Paid sick leave has been the goal of railroaders for generations. It is not only the quality-of-life issue that defines our industry but also a validation of the dignity of our profession. Not only were Brothers Bennett and Killough able to get paid sick leave in this tentative agreement, but they were able to gain traction in several other areas as well.   

The tentative agreement synopsis is as follows:  

  • Provides five paid sick with the option to convert two personal days to paid sick days for conductors and trainmen. 
  • Unused sick days are converted to cash at the end of the year with the option to defer those payments into a 401(k).  
  • Incorporates the current 2023 CSX Revised Attendance Policy (the most lenient policy at CSX in decades) as a component of the CBA and is only subject to amendments under the provisions of the Railway Labor Act.  
  • Allows conductors to carry over up to 100 personal days from year to year rather than carrying over just 30 and losing the rest.  
  • Provides improved work/rest initiatives with the formation of a Joint Labor/Management Committee to implement “Smart Rest” options, which could provide for up to 24 hours off between tours of duty and voluntary rest day schedules.  
  • Reintroduces the safety boots program for trainpersons.  
  • Allows local union officials to be reimbursed for lost earnings when they mark off for vacation scheduling rather than just a basic day’s pay rate.  
  • Permits train service employees, when practicable, to drive themselves or their own crew within defined terminal switching limits under limited conditions.  

“We thank CSX CEO Joseph Hinrichs and Executive Vice President Jamie Boychuk for exhibiting flexibility and working with our union in a collaborative manner in reaching this tentative agreement,” SMART Transportation Division President Jeremy Ferguson said. “This serves as a vital first step to giving T&E personnel the paid sick time they deserve, and I am hopeful this accommodation will be soon extended to the employees working under the jurisdiction of all other rail carriers.”  

Brother Killough was quick to give credit for this TA coming together to SMART-TD Vice Presidents J.D. (John) Whitaker and Jamie Modesitt.   

“Brother Whitaker did a great job taking the lead on these negotiations, and Joe and I are excited about the end results. Not only did our team put us in a position to get the paid sick time our people need and deserve, but we got CSX to put the attendance policy into the Collective Bargaining Agreement,” Killough said. “That is a way bigger deal than most people realize. They can’t make a unilateral change to the attendance policy if this passes, and you can’t put a price tag on that kind of progress.”  

Bennett also brought the attendance policy up while he was discussing the advantages of this TA.   

“I’ve been working for CSX since 1998, and in the span of my career, they have had 4 or 5 different attendance policies. Each one was worse than the one it replaced,” he said. “Now we put ourselves in a good situation where they can’t just change our lives by simply sending out a system bulletin.”  

Another item in the agreement that both GCs brought up was the reinstatement of the boot program.   

“When CSX stopped providing safety boots for our men and women, it made a statement. It couldn’t have been a big enough expenditure to have made a real difference to them, but the money and implied downgrade in respect meant a lot to our guys,” Bennett said. “Hopefully, CSX agreeing to reinstate the program is just as good of an indicator of what is on the horizon as losing it was.”   

The boot program’s discontinuation was one of the first moves CSX made as E. Hunter Harrison embarked on implementing Precision Scheduled Railroading.  

Both Bennett and Killough went out of their way to point out that this tentative agreement is not written in stone. Bennett wanted it known that “We worked long and hard on forming this agreement and getting our members the paid sick time they obviously deserve, but it is up to individual locals to vote on whether or not this agreement gets ratified.”  

Per the SMART Constitution, each Local chair will be given the opportunity to cast a ballot, and the fate of this agreement will be decided by a simple majority of this vote.   

Both GCs have reached out to the locals they represent and provided the language of the tentative agreement. They are working to schedule conference calls with their local leaders in hopes of answering any questions they might have and ensuring that accurate information is being provided to the crew bases so they can make their decisions based on facts.  

SMART-TD is grateful to the leadership of Brothers Bennett and Killough for getting this agreement to this point. They have not only made us proud but have made strides to improve the lives of the SMART members they serve. We encourage all the members of these two general committees to read the agreement in its entirety and let your voices be heard in your local meetings. This union is in place to represent you. For SMART-TD to function properly, it requires that you take an active role, especially in matters of this level of importance.  

SMART-TD Minnesota State Legislative Director (SLD) Nick Katich along with the Minnesota State Legislative Board are proud to announce that the morning of May 24, Gov. Tim Walz has signed HF 2887, and a two-person crew minimum for freight trains is now officially the law of the land in the state. 

The massive transportation omnibus bill was passed by the state Legislature May 21st and, along with the minimum crew size provision mandating a crew of two, has infrastructure dollars to bring many more railroad jobs in passenger service to Minnesota.

“The Minnesota Legislative Board began working on minimum crew size in 2015,” Katich said. “At that time, Phil Qualy was director, and I was his assistant. We passed it in the House once and the Senate once, but never together.” Katich was elected in May 2020 after Qualy’s retirement and continued the fight.

The 2023 legislative session in Minnesota has been very fast-paced and intense. Minimum crew size began as its own bill in the Senate with a companion in the House. It was heard and passed through all committees with the railroads very actively opposing it.

“It was difficult when the railroads were testifying to keep a straight face,” commented Katich. “Some of their claims were so false or misleading it would make you sick. Our job was to help the lawmakers see through the smokescreen and we did just that.”

While the stand-alone bills made it back to the floor of both chambers, time was running out to act on them individually, so the decision was made to include the policy in the omnibus bill.

“Our motto with this legislature has been ‘Take yes for an answer,’” Katich said. “Whatever keeps us moving forward.”

In addition to minimum crew size, rail labor chalked up some other wins too. The Northern Lights Express, Amtrak’s passenger service between Duluth and Minneapolis, has been fully funded at $194.7 million. This allows access to matching funds from the Bipartisan Infrastructure Law and means more work opportunities for our members. Two more state rail safety inspectors, additional funding for passenger rail corridor studies and railroad-provided first responder training are also included.

“We all need to thank our bill’s chief authors, Sen. Jen McEwen (Dist. 8) and Rep. Jeff Brand (Dist. 18A), as well as Transportation Committee Chairs Sen. Scott Dibble (Dist. 61) and Rep. Frank Hornstein (Dist. 61A) for guiding our legislation over the finish line. Their fierce advocacy for rail labor will not be forgotten.

“I would like to personally thank the Minnesota Legislative Board for their unwavering support and confidence, the local officers who volunteered to pitch in, and the members and retirees for keeping track and sending encouragement. I would also add that I would like to thank our friends in the Minnesota AFL-CIO. They had our backs and watched for the railroad lobbyists lurking around where they shouldn’t be.”

Minnesota becomes the third state this year to require two on a crew, following Ohio and Kansas.

SMART-TD would like to congratulate SLD Katich and his team on a job very well done, and we would like to point out that this is the first year of this biennium and we are all excited to see what comes out of year two!

Each year, the U.S. Railroad Retirement Board (RRB) prepares a Form BA-6, Certificate of Service Months and Compensation, for every railroad employee with creditable railroad compensation in the previous calendar year. The RRB will mail the forms to employees during the first half of June. Anyone with compensation reported in 2022 who has not received Form BA-6 by July 1, or who needs a replacement, should contact an RRB field office by calling toll-free at 1-877-772-5772. A statement can also be requested online by clicking the “Request Documents” button at RRB.gov/myRRB, or by using the toll-free number’s automated menu at the end of the recorded greeting to request a statement of service months and compensation.

Form BA-6 provides employees with a record of their Railroad Retirement service and compensation. The information shown is used to determine whether an employee qualifies for benefits and the amount of those benefits; therefore, it is important that employees review their Form BA-6 to see whether their own records of service months and creditable compensation agree with the form.

When reviewing the 2022 compensation total, employees should be aware that only annual earnings up to $147,000 are creditable for Railroad Retirement purposes in that year, and that $147,000 is the maximum amount shown on the form. In addition, the form shows service credited on a month-by-month basis for 2021, 2020, and 2019, when the maximum creditable compensation was $142,800, $137,700, and $132,900, respectively. The BA-6 also lists the employer(s) reporting the employee’s 2022 service and compensation.

Besides the months of service reported by employers, Form BA-6 shows the number of any additional service months deemed by the RRB. Deemed service months may be credited under certain conditions to an employee who did not work in all 12 months of the year, but had creditable Tier II earnings exceeding the monthly proration of the creditable Tier II earnings maximum for the year. However, the total reported and deemed service months may never exceed 12 in a calendar year, and no service months (reported or deemed) can be credited after retirement, severance, resignation, discharge or death.

The BA-6 form also indicates the number of months of verified military service creditable as service under the Railroad Retirement Act if the service was previously reported to the RRB. Employees are encouraged to submit proofs of age and/or military service in advance of their actual retirement. Filing these proofs with the RRB in advance will streamline the benefit application process and help prevent payment delays.

For employees who received separation or severance payments, the section of the form designated “Taxable Amount” shows the amounts of separation allowance or severance payments that were subject to Railroad Retirement Tier II taxes. This information is shown on the form because a lump sum, approximating part or all of the Tier II taxes deducted from such payments made after 1984, which did not provide additional Tier II credits, may be payable by the RRB upon retirement to qualified employees or to survivors if the employee dies before retirement. The amount of an allowance included in an employee’s regular compensation is shown under “Compensation Amount.”

Form BA-6 also shows, in the section designated “Employee Contributions,” the cumulative amount of Tier II Railroad Retirement payroll taxes paid by the employee over and above Tier I Social Security equivalent payroll taxes. While the RRB does not collect or maintain payroll tax information, the agency computes this amount from its compensation records in order to advise retired employees of their payroll tax contributions for federal income tax purposes.

In the lower-right corner of the form, there is a field that indicates if the employee is eligible to claim unemployment or sickness benefits. The RRB provides detailed instructions for reviewing the form on the agency website at RRB.gov/BA6.

There are instructions on the back of the form and the web page on how to file a protest if service and compensation totals are incorrect. The law limits to four years the period during which corrections to service and compensation amounts can be made. Also, if personal information is incorrect or incomplete, such as the name, birthdate, or address, the employee should contact an RRB field office to have it corrected. For most people, the address of the RRB office serving their area is provided on the form along with the RRB’s nationwide toll-free number (1-877-772-5772).

A CSX locomotive operated by a two-person crew powers a train with a mix of freight and tanker cars.

New rail safety rules mandate two-person crews for freight trains traveling in Ohio and require wayside defect detectors be installed 10-15 miles apart.

In 1993, newly elected President Bill Clinton was taking the reins from George H.W. Bush. “Home Improvement,” “Murphy Brown,” and “Murder, She Wrote” were winning the ratings war in American broadcast television (streaming hadn’t been invented yet), and the state of Ohio had passed its most-recent rail safety legislation.

The worlds of politics, entertainment, and railroading have changed dramatically in the 30 years since. On Ohio’s transportation front, freight carrier Conrail has been split among Norfolk Southern and CSX Transportation, trains have tripled in length/tonnage, and technology has revamped every conceivable aspect of the industry, yet the Ohio legislative body has seen zero reason to adapt with the times … until today.

On March 31, Gov. Mike DeWine signed into law House Bill 23 (H.B. 23), which is the state’s transportation budget. This budget included in it two items known as the Ohio Rail Safety Bill with a two-person crew minimum for all freight trains traveling inside Ohio, as well as verbiage that regulates the use of wayside-defect detector technology in the Buckeye State.

WATCH: SMART-TD Ohio State Legislative Director Clyde Whitaker testified about rail safety issues before a U.S. Senate committee in March 2023.

Unfortunately, it wasn’t just the hard work and dedication of SMART Transportation Division Ohio State Legislative Director Clyde Whitaker that got these two common-sense rail-safety legislative components across the finish line. As we are all aware, the Feb. 2 Norfolk Southern train derailment in East Palestine near the Pennsylvania border and the industry scrutiny that followed played a large role in forcing state leaders to do some overdue soul searching about safeguarding the state’s communities from the greed of the nation’s rail carriers.

“I’m glad lawmakers placed party politics aside and worked together for the greater good, as the government should. These bipartisan efforts have placed safety above the false narratives of the railroads,” Whitaker said. “Safety of our members in the locomotive cab is now intact, and the public will be much safer going forward. Though a major victory, we do have a lot more to accomplish in Ohio.”

That being said, this legislative victory didn’t occur solely because of what happened in East Palestine. By the time the state and national media turned their attention to Ohio’s railroads, Brother Whitaker had already done the work of preparing the legislation and had built relationships in the state’s Legislature that were required to seize the momentum created by the derailment. Whitaker had also filed complaints with the Federal Railroad Administration months prior to the derailment, citing Norfolk Southern’s tendency to override alerts from defect detectors in order to keep freight moving. The fact that he had identified the problem prior to it leading to the disaster, gave all of his information and arguments about the Ohio Rail Safety Bill additional credence.

Whitaker had also filed complaints with the Federal Railroad Administration months prior to the derailment, citing Norfolk Southern’s tendency to override alerts from defect detectors in order to keep freight moving.

Whitaker and his team knew it was the right time to bring substantive changes in Ohio laws that would help protect our members and the general public for years to come, continuing to solidify bipartisan coalitions in both the Ohio House and Senate and going toe to toe with the rail lobbyists who were sent to Columbus to do the bidding of the carriers.

But Whitaker didn’t do it alone — this accomplishment came as a result of work done both in the present and the groundwork laid by the hard work of prior State Legislative Board officers and SMART-TD members alike, who got the word out to their state legislators that the legislation was necessary.

“I believe in giving credit, where credit is due,” Whitaker said. “Stu Gardner, our former director who is now retired, helped lay the groundwork in this battle, and I’m thankful he had faith in me to finish leading the charge.”

In the end, SLD Whitaker, SMART-TD, railroad workers, railroad families and common sense came out with a hard-fought victory. 

On behalf of our members, and the members of every community the railroads roll through each day, SMART- TD would like to thank Gov. DeWine for his leadership on rail safety issues not only in Ohio but also on a national stage.

We would also like to thank the Ohio legislators and their staffs for their diligence and hard work on getting the legislation to the governor’s desk. SMART-TD is proud of the unbelievable work and professionalism we have seen from SLD Whitaker and the State Legislative Board as they shepherded the legislation through the legislative process, and most of all we want to thank all the conductors and SMART engineers who grind every day to move Ohio’s freight and protect its people by ensuring safe and effective rail operation.

Freight rail safety in the news

By a 19-2 vote, the Pennsylvania House Consumer Protection, Technologies and Utilities Committee advanced its comprehensive rail safety bill, H.B. 1028, out of committee May 3.

“This is a starting point,” said Republican Committee Chairman Rep. Jim Marshall (District 14) about the legislation. “This is an all-in approach.”

Democratic Committee Chairman Rep. Robert F. Matzie (District 16) was the primary sponsor of the legislation introduced April 25 that covers train length, two-person crews and wayside detectors.

““This is a unique situation relative to the severity of what happened in East Palestine, Ohio,” Matzie said before the bill’s passage through the committee. “We believe that rail safety does give us the purview to act. We believe time is of the essence. We don’t need another tragedy.”

H.B. 1028:

  • Fines carriers $10,000 for blocking rail crossings for more than five minutes.
  • Limits train lengths to 8,500 feet.
  • Permits rail labor representatives to have an active, participatory role while the state investigates rail safety matters.
  • Requires a two-person crew aboard freight trains and fines carriers who violate the provision.
  • Authorizes the state to inspect to ensure the functionality of wayside detectors in the state.
  • Authorizes a state study of hazmat/waste transport.
  • Create a reporting system when carriers operating trains carrying hazmat/waste report these to the state.

SMART Transportation Division Pennsylvania State Legislative Director Paul Pokrowka has been working for years to advocate for rail safety and to get similar legislation across the finish line.

“The incident February just across the border from our state in East Palestine brought attention nationwide to the importance of railroad safety,” he said. “Legislators in Pennsylvania have taken notice and have decided to do something about it. We appreciate their support and look to advance this legislation out of committee and into the full House and beyond — we thank Rep. Matzie and his staff very much for their help in advocating for H.B. 1028.”

Reps. Natalie Mihalek and Ryan Warner, both in the committee’s nine-member Republican minority, were the two votes against the bill’s advancement.

Neighboring Ohio had rail-safety legislation governing wayside detectors and crew size signed into law in late March.

Read the bill.