DECATUR, Ill — SMART Transportation Division Illinois State Legislative Director Bob Guy was on hand March 30 as state Gov. J.B. Pritzker announced a $200 million investment in about two dozen state projects to improve the flow of freight on rail and road.
Among the 22 projects and most important to TD membership is $10 million to complete funding for a $75 million grade-crossing improvement in the city of Decatur to eliminate a chronically blocked crossing near the Midwest Inland Port.
The creation of the overpass at Faries Parkway and the Norfolk Southern will separate the Norfolk Southern tracks from regular vehicle traffic, eliminating a notorious bottleneck that has been blocked by trains for as long as 17 hours at a time.
“Railroad operating employees know all too well that the overwhelming amount of fatalities and injuries in our industry occur at railroad grade crossings or are due to trespassing events,” SLD Guy said. “It’s a train crew’s worst nightmare to strike a vehicle or pedestrian at or near a crossing. Grade separation projects like this one provide a win-win situation for workers and communities alike. Removing the opportunity for a tragedy at an at-grade crossing while also freeing up the flow of vehicular traffic, especially at a time when crossings are blocked for longer times due to increased train length, improves safety for rail workers, emergency responders and communities as a whole.”
“From the Ballast” is an open column for SMART Transportation Division rail members to state their perspective on issues related to the railroad industry. Members of the union are encouraged to submit content by emailing to news_TD@smart-union.org. Columns are published at the union’s discretion and may be published in the SMART TD newspaper.
The term “getting railroaded” has its origins in the 1800s. Landowners would use it when the rail companies stole land in order to lay down new track. It has evolved these days to describe generally being cheated or bullied. Unfortunately, the originators of the term who perfected the practice are still bullying, but now it is focused on their own employees.
Today’s corporate railroads may not be stealing land, but they are stealing our jobs, our time and our safety. With Precision Scheduled Railroading (PSR), the number of railroad jobs has dropped 30%. Thousands of jobs were done away with even as we kept our country going through a pandemic. More were eliminated as the carrier executives chased an operating ratio that enriched the shareholders and railroad owners.
As headcount diminished, time was stolen as those still employed were forced to work more hours with new attendance policies that leave little time for family or rest. This led to a worker exodus that even further decreased employees and time.
This all resulted in workers’ safety being stolen. Pushing workers to the point of fatigue and making doctor’s appointments all but impossible to schedule have hurt workers’ health. Cutting inspection times and maintenance has led to more breakdowns and derailments. Growing train lengths have increased these dangers as well. In short, workers are all still getting railroaded.
Some have conceded that these companies and their lobbyists are too powerful. This mentality is understood, but we’ve seen challenges like these defeated before. Child labor, segregation and unsafe working conditions were all beaten back by unions. There’s no doubt that the odds seemed insurmountable at the time and yet they overcame them.
They did this because they had one big thing going for them. They were on the right side. Well, so are railroaders. In the last few years, we have seen customers, the public, news media and even politicians from both parties start talking about the dangers of PSR and one-person rail crews. Five years ago, it was ridiculous to think that major media outlets would have reports on these issues or even be concerned about, but they have and they are and progress is being made.
This happened because railroaders spoke out. They wrote emails, met with representatives and even used social media to spread the word. If all of us, together, made an effort to do the same, we could win this battle.
So, please use the resources that are available — take some time and write an email to your representative. Talk with leaders at a City Council meeting. Make some handouts and pin them on a board. Go to a union meeting and suggest something to inform your community. Do some philanthropy and talk about railroad issues. Put up an informative table at a festival. Do something to fight back. It’s hard to quiet 100,000 voices ringing. Every person who learns about this corporate greed and corruption is another crack in their armor. It’s easy to give up, but let’s stand strong together and let them know that the days of getting “railroaded” are now over.
This article was submitted by an active member of SMART Transportation Division Local 445 (Niota, Ill.) who works for BNSF and chose to remain anonymous. We thank him for his submission and his continued advocacy in union matters!
Agreement with SMART-TD provides greater flexibility for railroad, improves service for customers and enhances quality of life for employees
OMAHA, Neb., (March 25, 2023) — Union Pacific has reached a tentative crew consist agreement with General Committee 953, part of its largest union, The International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD).
The proposed agreement makes no changes to the current conductor position staffing each train as part of a two-person crew, provides long term job protection to current employees and gives the railroad greater flexibility to deploy brake or switch persons to work either in the yard or outside the yard. The proposed agreement, if ratified, closes Union Pacific’s current Section 6 Notice to redeploy Conductors on this committee.
“We are pleased that Union Pacific is focusing on quality of life for our conductor workforce,” said Jeremy Ferguson, president of SMART-TD. “Along with the scheduling enhancements, which were part of last year’s national agreements, we have an opportunity to positively impact our conductors by giving them fixed days off and greater certainty about their weekly assignments.”
“This agreement with SMART-TD reflects Union Pacific’s commitment to enhance the quality of life for our employees through predictable, scheduled shift work while giving us greater scheduling flexibility that will also improve customer service,” said Beth Whited, executive vice president – Sustainability and Strategy and CHRO. “We are working to finalize the contract details as quickly as possible.”
Union Pacific (NYSE: UNP) delivers the goods families and businesses use every day with safe, reliable and efficient service. Operating in 23 western states, the company connects its customers and communities to the global economy. Trains are the most environmentally responsible way to move freight, helping Union Pacific protect future generations. More information about Union Pacific is available at www.up.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 Thursday, March 23 – after 15 months of negotiations – the TCU & Shop-Craft Coalition reached a tentative agreement with Amtrak to settle each organization’s respective Section 6 notices for this round of bargaining. The coalition is comprised of the SMART Mechanical Department (MD), the Brotherhood of Railway Carmen (BRC), National Conference of Firemen & Oilers SEIU 32BJ (NCFO), International Association of Machinist and Aerospace Workers (IAMAW), Transport Workers Union (TWU), American Railway Airline Supervisor Association (ARASA), International Brotherhood of Boilermakers (IBB) and the Transportation Communications Union (TCU).
“We appreciate the patience of our members, and we will be providing all the details of this great agreement,” the coalition said in a press release announcing the agreement.
The specific terms of the agreement have been approved by the Amtrak Board of Directors; the details will be presented to SMART MD members for ratification in the coming weeks. This article will be updated.
Atlanta, GA, and Independence, OH, (March 23, 2023) — Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced Thursday that they are discontinuing formal negotiations regarding conductor redeployment to focus their efforts on implementing other immediate quality-of-life improvements for their employees.
“Over the next year, SMART-TD and Norfolk Southern have the opportunity to work together to implement important predictability improvements for our conductor workforce,” said Jeremy Ferguson, president of SMART-TD. “These scheduling enhancements, which were part of last year’s national agreements, have the potential to make an immediate positive impact for our conductors by giving them fixed days off and greater certainty about their weekly assignments. The willingness of NS to step back from plans to change to a ground-based conductor model is a welcome show of good faith in the negotiation process.”
Under the terms of the national agreements, Norfolk Southern and SMART-TD have a mid-June deadline to negotiate the details of these scheduling enhancements. Given this limited window, Norfolk Southern has withdrawn its current Section 6 bargaining notice on conductor redeployment to fully focus on collaboratively implementing these enhancements and other quality-of-life priorities.
“Norfolk Southern is committed to working with labor partners, including SMART-TD, to identify and negotiate benefits that will have a meaningful impact on our employees’ quality of life,” said Wai Wong, vice president, Labor Relations at Norfolk Southern. “While redeployment of conductors to ground-based shift-work will provide more predictable jobs and minimize time away from home, there are a number of other priorities that our labor partners would like to address, and we are committed to working together to make immediate progress.”
The withdrawal of the Section 6 notice on conductor redeployment removes the mandatory requirement for the parties to bargain over the issue, though voluntary discussions remain an option. SMART-TD and Norfolk Southern will continue listening to NS employees, relying on their input to guide the focus of their joint efforts and discussions going forward.
Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have safely 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.
In the aftermath of February’s rail disaster in Ohio, the U.S. Senate Commerce Committee held a key hearing March 22 on “Improving Rail Safety in Response to the East Palestine Derailment” to get to the bottom of what went wrong in the accident and to discuss the bipartisan Railway Safety Act of 2023.
SMART Transportation Division Ohio State Legislative Director Clyde Whitaker answers a question March 22 in the rail safety hearing before the U.S. Senate Commerce Committee in Washington, D.C.
The committee had an all-star cast of witnesses who testified, including: two U.S. senators; Ohio Gov. Mike DeWine; East Palestine resident Misti Allison, who represented the community; National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; Norfolk Southern CEO Alan Shaw; Association of American Railroads (AAR) CEO Ian Jeffries, and SMART-TD’s Ohio State Legislative Director (SLD) Clyde Whitaker. To begin the hearing, U.S. Sens. Sherrod Brown and JD Vance kicked off the day explaining in detail the bill, S.B. 567, they’re putting forward.
Brown began his comments by thanking the witnesses for testifying and referred directly to SLD Whitaker, calling him “an unrelenting advocate for safe working conditions for his members and all people working in Ohio railroads.”
Brown then went on to discuss why this legislation is so necessary.
“Norfolk Southern followed the Wall Street business model,” he said. “Boost profits and stock price by eliminating, over the last decade, 38% of its workforce.”
He went on to describe Precision Scheduled Railroading (PSR) perfectly, saying, “They cut cost to boost profits. The communities along their route be damned!”
Vance followed Brown, and in a tone very similar to the testimony he gave March 9 in front of the Senate’s Committee on Environment and Public Works, laid out that the intention of the bill is not to put the government in charge of day-to-day operations of America’s railroad companies like the bill’s outspoken opponents would like the public to believe. He addressed that concern of the rail carriers who have made it known that they feel the legislation is an overreach by Congress, where he stands on that issue by stating plainly that, “You cannot on the one hand beg the government to bail you out of a labor dispute three months ago and then say that it’s ‘big government’ to have proper safety standards in the way that you conduct your railroads. It’s a ridiculous argument, and it doesn’t pass the smell test.”
Gov. DeWine followed the Buckeye State’s senators and weighed in heavily on behalf of the residents of East Palestine. He started by describing life as it was in the village of 4,700 leading up to events of Feb. 3, 2023. He walked the committee through the Norman Rockwellian Friday night where the community was keenly focused on the high school basketball game in progress until the unthinkable happened.
“Life stopped being normal for everyone in this community — it stopped feeling safe — when 38 cars of that Norfolk Southern freight train, carrying hundreds of thousands of pounds of hazardous materials, hurtled off the track. In an instant, life turned upside down,” he said.
DeWine went on to describe the tough questions facing residents of East Palestine revolving around their physical health as well as the viability of their community’s future.
These points were driven home by witness Misti Allison. Allison, a resident of East Palestine for the last four years, was testifying in front of the Senate committee on behalf of her community. In her own words, her goal was “to put a face on this chemical disaster.”
In addition to emphasizing DeWine’s points in reference to the health concerns swirling around in East Palestine, she shared other details about a community shattered. Among the issues she brought to the committee’s attention were home equity of the residents, the viability of local businesses and the concerning contradictions in the results of various sources of environmental testing of air, water and soil samples.
The most-telling and unique issue she brought to light was the still-developing mental and emotional health concerns of the community post-derailment. She pointed out the ramifications the derailment has had especially among the youth of East Palestine in her written testimony: “Kids are not allowed to play on the playground because it hasn’t been cleaned. So the kids now play a game they invented called ‘EVACUATION’ during recess. This train derailment has robbed our kids of their childhood, and perhaps more.” she said.
This imagery is powerful and takes the importance of the Railway Safety Act of 2023 out of the realm of financial ramifications and puts it squarely in the arena of human rights.
SMART-TD Ohio State Legislative Director Clyde Whitaker’s testimony before the U.S. Senate Commerce Committee.
At the conclusion of Allison’s testimony, it was time for Brother Whitaker to take the rather large stage and speak our union’s truth directly to power. SLD Whitaker explained in detail the effects PSR have had on our industry from the ground level.
In July 2022, Whitaker filed a complaint with the Federal Railroad Administration (FRA) directly reporting that NS had been ordering their crews to disregard warnings from wayside defect detectors in his state and to keep their trains rolling after receiving alerts of hot bearings.
He informed the senators that he had personally cautioned the FRA months prior to the East Palestine derailment that carriers’ business practice and adherence to the PSR doctrine was putting our crews and communities in harm’s way.
“PSR has made the Class I railroads more than $160 billion in profit since 2015 while at the same time causing the greatest degradation of safety in modern day railroading,” he said in his written testimony. “As we have all seen in East Palestine, this cut-your-way-to-profit model is not sustainable and it is very, very dangerous.”
He further emphasized the impact of PSR on safety by talking about the current state of safety inspections of rolling stock and maintenance of equipment.
“No longer is identifying defects the goal of inspections. Instead, the goal is to minimize the time it takes to perform them or the elimination of them altogether, so the trains keep moving,” he said. “Compound this with the fact that the railroads are on a determined course to grow these trains to astronomical lengths and you have a predictable outcome, and that outcome is East Palestine.”
A member of the audience donned a hazmat suit while attending the U.S. Senate Commerce Committee hearing on railway safety March 22 in reference to the contamination that occurred in East Palestine, Ohio, after a Feb. 3 derailment.
Following Brother Whitaker was not an easy task for CEO Alan Shaw of Norfolk Southern. He was noticeably uncomfortable, and his opening statement was predictably a rehashing of the same talking points he has used since the spotlight turned to him and his company in early February.
When CEO Shaw and Ian Jefferies, president of the Association of American Railroads, completed their revisitation of industry jargon, the hearing was not over.
Each senator was given the opportunity to ask questions of the panel. Senators of both parties took turns flogging Shaw and Jefferies about the holes in the logic behind their arguments and pointing out the contradictions between their claims and what Whitaker (a certified conductor and engineer) was telling them his firsthand reality is.
Senator Ted Cruz (R-Texas), ranking minority member of the committee, was clearly deferring to SLD Whitaker’s expertise, when the stories of the two rail executives weren’t mirroring reality.
To sum up the committee hearing that took the better part of a day, it is safe to say that Sens. Brown and Vance seem to have assembled a piece of legislation that has wide support among their senate colleagues on both sides of the political spectrum.
SMART-TD would like to let Brother Whitaker know that his representation of our organization and of rail labor is a proud example of how we will continue to fight for our members and the communities they call home.
SMART Transportation Division President Jeremy Ferguson appeared with U.S. Sen. Sherrod Brown in Cleveland on Monday morning to discuss the bipartisan Railway Safety Act of 2023 as momentum for legislative action on railroad safety continues to build on Capitol Hill.
Sen. Brown started off the press conference by discussing how the rail industry has gotten itself into its current state of disrepair. He came out of the gates dropping uncomfortable realities such as, “Here’s the story. The rail lobbyists have fought against rail safety for a hundred years.”
Brown went on to lay out a list of parallels he sees between the current scenarios in the rail and banking industries. “When I first heard about Silicon Valley Bank, the first thing I thought was this is the same story. Corporate lobbyists with banks and railroads for 100 years have fought for weaker rules, weaker safety requirements. That’s what Norfolk Southern and the rail companies do. They lobby Congress. They too often get their way with the railroad’s regulators, and we see trains that derail much more frequently.”
He went on to say, “We know what we need to do. That’s why I’ve introduced bipartisan legislation with my colleague, the new senator from Ohio. (Senator J.D. Vance) We want to address the number of (operators) on this train. The railroads, believe it or not, want a two- or three-mile train with 150 or 200 cars, with only one engineer on that train with no conductor. One engineer to drive a train that’s two to two and a half miles long with 150 to 200 cars. That makes no sense for the public interest.”
SMART Transportation Division President Jeremy Ferguson addresses the attendees at the press conference Monday, March 20, in Cleveland, Ohio.
Following Sen. Brown, SMART-TD President Jeremy Ferguson made a statement of support for the bill as well as his vision for the future of the rail industry.
“Sen. Brown has seen firsthand what the devastation looks like when we let profits dictate the safest course of action to take when moving America’s freight by rail,” President Ferguson said. “We look forward to working tirelessly with Sen. Brown and his team to realize his vision for a safer and stronger rail industry. This bill offers a chance for the nation to require the highly profitable rail corporations to take rational measures to get the industry to do what it’s designated to do. Which is move freight through our nation safely and efficiently.”
Ferguson then spoke directly to those in power, saying, “We owe it to the people of East Palestine, Ohio, and to all the communities that have railroad tracks running through them to have the members of Congress do the right thing. Take back control of our nation’s supply chain from Wall Street’s profit-at-any-cost mentality.”
President Ferguson rounded out his public statement offering this endorsement for the Railway Safety Act of 2023. “This bill has the potential to put safe operations into its rightful place as the gold standard for railroading, and not what the next quarterly report can bring.”
U.S. Sen. Sherrod Brown and SMART-TD President Jeremy Ferguson shake hands following the press event Monday, March 20, in Cleveland Ohio.
This statement summed up what rail labor has been saying since Hunter Harrison brought PSR to CSX in 2017. Our safety and our ability to provide a reasonable work-life balance for our loved ones does matter. The time is now to end the industry’s experiment with PSR and get back to safe, sensible and efficient railroading that preserves the safety of general public and of worker alike.
SMART-TD is very grateful to Sens. Brown, Vance and their colleagues who have sponsored this legislation for their leadership. We also are appreciative for the opportunity to make SMART-TD part of the discussion. The light they have shed on our issues and the amplification of our concerns has been incredibly helpful in our fight against PSR.
SMART-TD Ohio State Legislative Director Clyde Whitaker will be among those testifying at the hearing along with Jennifer Homendy, chair of the National Transportation Safety Board, a local first-responder from East Palestine and two carrier representatives.
SUBJECT: Highway-Rail Grade Crossing and Shove Movement Accident
The Federal Railroad Administration (FRA) is investigating a recent switching accident that resulted in a crew member fatality.
Based on FRA’s preliminary investigation, a conductor with 18 years of service was fatally injured when the tank car he was riding to provide point protection for a switching move was struck by a dump truck. The incident occurred at a private grade crossing in a steel plant as the train consist traveled southward.
The dump truck, traveling west, stopped at the private highway-rail grade crossing, then proceeded and collided with the car the conductor was riding, killing the conductor. It was nighttime, the yard was lighted, and the conductor had his lantern turned on.
Prior to the incident, the conductor was in communication with the engineer via radio. The private highway-rail grade crossing was equipped with passive warning devices and stop signs.
The purpose of this Safety Bulletin, which is informal in nature, is to ensure the railroad industry, including railroad employees, are aware of this recent accident that resulted in a fatality of an employee. As FRA completes its investigation, it may take additional actions with respect to this accident.
Although FRA’s investigation into this accident is ongoing, FRA notes the importance of ensuring pushing or shoving movements over highway-rail crossings are conducted safely, to include:
Proper training, periodic oversight, and application of appropriate railroad operating rules when determining whether the track is clear, and
Proper job briefings and communications between assigned crewmembers during pushing or shoving movements.
FRA requests that railroads review this Safety Bulletin with employees to increase awareness of the dangers of pushing and shoving movements at highway-rail grade crossings. FRA also reminds railroads of the need to ensure all individuals involved in pushing or shoving movements are: (1) properly trained and qualified on how to conduct those operations safely; and (2) understand what “track is clear” means related to a highway-rail grade crossing.
Kansas is a state with a population of only 2.94 million people — ranking as the 35th largest state in the country, population-wise. In contrast to that number, according to the American Association of Railroads’ website, Kansas ranks sixth in the nation for distance of rail with 4,252 miles. With 16 railroad companies operating in the state and this high density of rail, the industry plays a very important role in the landscape of the Jayhawk State and keeps SMART-TD’s Kansas State Legislative Director (SLD) Ty Dragoo very busy.
Kansas State Legislative Director Ty Dragoo
Currently, Brother Dragoo is working for the good of our membership as well as the people of Kansas by fighting to pass Senate Bill 215, known as the Kansas Rail Safety Improvement Act (KRSIA). In SB 215, Dragoo and bill sponsor Sen. Carolyn McGinn (R-31st District) have built an aggressive package aimed at reversing the effects Precision Scheduled Railroading (PSR) has had on the highly rail-dependent state. The railroad lobby has strong roots in Kansas and SB 271 was introduced with components of SB 215. While SB 215 is the goal, SB271 is the start in a state that has not seen any railroad safety laws passed in five decades.
Sen. McGinn introduced SB 215 in the second week of February, and it was quickly assigned to the Senate Transportation Committee. To date, SB 215 has sat on a shelf in committee having not been given a hearing for five weeks while UP scattered rail cars across the state in a pair of high-profile derailments. However, through negotiations with legislative leadership Dragoo has secured hearings on SB 271 and action is anticipated.
SB 271 will limit freight trains to a length of 8,500 feet within the state’s borders.
In order to prevent accidents at rail crossings, the bill also creates a minimum distance between road crossings and standing equipment left in sidings. The bill states that rail cars in a siding can’t be any closer than 250 feet to the edge of a road. With this 250-foot gap, the bill seeks to create clear lines of sight for motorists to be able to adequately determine if the crossing is safe to use without rail cars impairing their view of potential oncoming trains.
All in all, this bill being backed by SMART-TD is positioned to bring about significant improvement to the quality of life for Kansas rail crews. Ending the era of unrealistically large train consists, reducing the number of critical incidents at road crossings make for an impressive list of safety enhancements in a state that has seen its share of rail incidents this month. On March 4 and March 12, two separate incidents involving Union Pacific trains resulted in a combined 31 cars of mixed freight leaving the rails in Riverdale and McPherson, Kan. Though neither of the two derailments were as devastating to the communities as the toxic spill in East Palestine, Ohio, that has been grabbing headlines nationally since early February. Two of the cars in the McPherson derailment did leak denatured alcohol and caused a grass fire.
No one was hurt in either incident and officials have assured both communities that there are no immediate or long-term health threats from these two derailments. Even with this being true, the timing of these incidents has shed light on the importance of Dragoo’s bill.
The facts on the ground dictate that it’s time for the legislators in Topeka to give Brother Dragoo’s legislation strong consideration. Residents and taxpayers throughout Kansas shouldn’t settle for anything less.
It is of the highest importance for all our members in Kansas, along with their family and friends, let their state senators know that they demand action on behalf of the Transportation Committee. They need to act as soon as possible. Please follow the link provided to SMART-TD’s Legislative Action Center and enter your address. It will give you the contact information of all your state and federal representatives, then click on your state senator and take a moment to send him/her even a 2–3-line message that encourages them to take up the issues of SB 271.
The time is now to push for the passage of rail safety legislation across our country. Please put your shoulder to the wheel and help SMART-TD’s legislative department in Kansas and in every other state do the work to safeguard our brothers and sisters as well as the communities we all live in.
