Labor had a lone representative Feb. 1 at the House Transportation & Infrastructure Committee discussion of transportation infrastructure and supply chain challenges as it convened under new chairman U.S. Rep. Sam Graves of Missouri.

Greg Regan, president of the Transportation Trades Department, AFL-CIO, testifies Feb. 1 before the House Transportation and Infrastructure Committee.

Greg Regan, of the Transportation Trades Department (TTD), AFL-CIO, a coalition that represents 37 transportation labor unions in air, maritime, railroads and trucking sectors, including SMART-TD, spoke about the recent and positive investments made by the federal government in the form of the Bipartisan Infrastructure Law (formerly the Infrastructure Investment and Jobs Act) and the CHIPS and Science Act.

“If we are serious about strengthening our national supply chain, we must also address the fundamental and structural problems that caused the crisis that cannot be solved by investment alone,” Regan said.

Choices made that put profits over workers and consumers played a large role in fueling the supply-chain crisis, with the nation’s large freight railroads and Precision Scheduled Railroading job cuts being prime culprits in the post-pandemic meltdown the nation endured, Regan said.

“Their decisions in the years leading up to the pandemic were not driven by better service, but rather by shareholder concerns,” he said. “Even as the system came crashing down around them, freight companies continue to rake in record profits while your constituents paid the price.”

For more details, see TTD President Regan’s written testimony.

The video of the complete hearing is available here.

Other witnesses participating in this hearing were Chris Spear of the American Trucking Association, Ian Jeffries of the Association of American Railroads, Jeff Firth of the Associated General Contractors of America and Roger Guenther of the Port of Houston.

In a letter to members, Wyoming State Legislative Director April Ford asked members in her state to reach out to state legislators and urge them to support train-length legislation. The text of her message is below:

“Legislators in Wyoming will be hearing a bill in the House Corporations Committee on Friday, February 3, to help keep Wyoming citizens safer and freight rail operations running more efficiently. HB 204 requires a train length to not exceed 8,500 feet in the state for the public safety. 

“Railroads are running longer freight trains than ever before, which means we are seeing more issues and blocked crossings than ever before. These longer trains are preventing emergency vehicles from responding to emergencies in a timely manner.  Minutes waiting at a blocked crossing can be critical to people who need emergency services. These longer trains are also causing issues on the tracks, which impacts Wyoming revenue.

“It can’t be stressed enough that emails to elected officials work; the more they hear from members here in Wyoming (like you), the harder it is for them to say no. Don’t let inaction thwart this opportunity to make train length the law in Wyoming.”

The Legislative Action Center has been set up for Wyoming residents to make their voices heard on this important legislation.

In a letter dated Jan. 25, the general chairperson of SMART Transportation Division’s GO 577 informed Union Pacific’s senior vice president of operations that the union was withdrawing from any participation in the company’s safety program effective Feb. 1, 2023.

GC Roy Davis served UP’s brass notice, saying that he and the union would no longer be part of the hypocritical exercise of hiding behind the existence of the UP’s Safety Program. In his letter, GC Davis said the program is, “nothing but a ruse that enables the Carrier to avoid proper scrutiny by the Federal Railroad Administration by putting ‘lipstick on a pig.’ “

In the letter posted below, Davis states that carrier’s decision to run single-person remote crews on the Houston hub is what forced his hand.

SMART-TD is unwavering in our commitment to protect the safety of the essential brothers and sisters who delivered the carrier a year of record revenue and profits in 2022, and we stand with GO 577 in its decision to protest this unilateral decision on the part of the Union Pacific Railroad.

Jose F. “Joey” Garcia, local chairperson of Local 168 (Chicago, Ill.), passed away suddenly in December at his home in Chicago.

Jose F. “Joey Garcia

Brother Garcia, 46, actively participated in our union since his railroad career began in 2005. An Amtrak conductor, Brother Garcia served as a legislative representative, trustee, vice local chairperson and finally as local chairperson.

“Joey was a funny and loyal friend,” General Chairperson Rick Pauli of GO 769 said. “He was a great advocate for the members of SMART-TD Local 168 and will be truly missed.”

Along with supporting and representing our fellow union members, he was a loving father of two beautiful children he adored.

Along with representing his fellow union members, he was a loving father of two beautiful children he adored. Brother Garcia is survived by his children, father, three siblings and several family and friends who will miss him dearly.

“On behalf of all the men and women of Local 168, I extend deepest condolences to the family and friends of Brother Garcia,” said Nate Hatton, local chairperson of LCA-769.

Please keep his family in your thoughts and prayers.

In a letter sent Jan. 5, 2023, to the CEOs of the seven Class I railroads operating in the United States as well as to Association of American Railroads (AAR) President/CEO Ian Jeffries, Federal Railroad Administrator Amit Bose warned them that “incremental” changes to carriers’ training, qualification and certification programs have in some cases not solved numerous deficiencies identified by FRA audits over the past 18 months.

“Please be advised that FRA is committed to pursuing enforcement action if a railroad’s resubmitted certification program continues to fail to address the deficiencies identified by FRA,” Bose wrote. “Accordingly, whenever FRA conducts its audit of your railroad, FRA will take into account those opportunities FRA has already provided your railroad to correct or address previously identified deficiencies.

“I want to remind industry that the quality and adequacy of these certification programs are fundamental to ensuring that your operating crews are properly trained to safely perform their assigned duties,” Bose wrote. “This starts with certification programs that clearly meet the minimum training and qualification standards.”

Read the full letter below.

The amounts of compensation subject to Railroad Retirement Tier I and Tier II payroll taxes will go up in 2023, while the tax rates on employers and employees will stay the same. In addition, unemployment insurance contribution rates paid by railroad employers will include a surcharge of 1.5%, down from 3.5% in 2022, due to an improved employment outlook since the beginning of the pandemic.

Tier I and Medicare Tax — The Railroad Retirement Tier I payroll tax rate on covered rail employers and employees for 2023 remains at 7.65%. The Railroad Retirement Tier I tax rate is the same as the Social Security tax, and for withholding and reporting purposes is divided into 6.20% for retirement and 1.45% for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20% rate increases from $147,000 to $160,200 in 2023, with no maximum on earnings subject to the 1.45% Medicare rate.

An additional Medicare payroll tax of 0.9% applies to an individual’s income exceeding $200,000, or $250,000 for a married couple filing a joint tax return. While employers will begin withholding the additional Medicare tax as soon as an individual’s wages exceed the $200,000 threshold, the final amount owed or refunded will be calculated as part of the individual’s federal income tax return. 

Tier II Tax — The Railroad Retirement Tier II tax rates in 2023 will remain at 4.9% for employees and 13.1% for employers. The maximum amount of earnings subject to Railroad Retirement Tier II taxes in 2023 will increase from $109,200 to $118,800. Tier II tax rates are based on an average account benefits ratio reflecting Railroad Retirement fund levels. Depending on this ratio, the Tier II tax rate for employees can be between 0% and 4.9%, while the Tier II rate for employers can range between 8.2% and 22.1%.

Unemployment Insurance Contributions —  Employers, but not employees, pay railroad unemployment insurance contributions, which are experience-rated by employer. The Railroad Unemployment Insurance Act (RUIA) also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount. The accrual balance of the Railroad Unemployment Insurance Account was $112.7 million on June 30, 2022. Since the balance was below the indexed $100 million threshold (currently $137.9 million), but above the $50 million indexed threshold (currently $67.0 million), this results in a 1.5% surcharge in 2023. There was a surcharge of 3.5% in 2022 and 2.5% in 2021.

As a result, the unemployment insurance contribution rates on railroad employers in 2023 will range from the minimum rate of 2.15% to the maximum of 12.0% on monthly compensation up to $1,895, an increase from $1,755 in 2022.

In 2023, the minimum rate of 2.15% will apply to 80% of covered employers, with 6% paying the maximum rate of 12.0%. New employers will pay an unemployment insurance contribution rate of 2.82%, which represents the average rate paid by all employers in the period 2019-2021.

Tax TypeRate – EmployeeRate – EmployerAnnual Taxable MaximumAnnual Tax Amount Employer
Tier 1 – Medicare*1.45%1.45%No MaximumNo Maximum
Tier 1 – Railroad Retirement6.20%6.20%$160,200.00$9,932.40
Tier 2 – Railroad Retirement4.90%13.10%$118,800.00$15,562.80
Total12.55%20.75%$25,495.20
*Additional Medicare Tax: Employees will pay an additional 0.9% Medicare Tax on earnings above $200,000 (for those who file an individual return) or $250,000 (for those who file a joint return). This additional Medicare tax rate is not reflected in the tax rates shown above.

Note: Tier 1 Medicare and Tier 1 Railroad Retirement tax rates are equivalent to Social Security tax rates set for 2023. Tier 2 Railroad Retirement tax rates do not apply to employees subject to Social Security.

Below are PDFs of various releases from the RRB on 2023 tax rates:

RRB Program Letter 2023-02 (PL 23-02)

RRB Reminders for 2023 (G-34)

Railroad Retirement and Unemployment Insurance Taxes in 2023 (NR 2207)

The Federal Railroad Administration published a safety bulletin Dec. 29 regarding an unintended release of a train’s air brakes while stopped at a signal. The text of the advisory as published in the Federal Register is reproduced below.

FRA is issuing Safety Advisory 2022-02 to make the rail industry aware of a recent issue encountered by a train crew that experienced an unintended brake release of a train’s automatic air brakes while stopped at a signal, and to recommend steps addressing the unintended release of train air brakes.

Background

On June 22, 2022, during a significant thunderstorm, a crew consisting of a locomotive engineer and conductor operated a conventionally powered, intermodal train with 3 head-end locomotives, 47 loaded cars, and 6 empty cars, totaling 9,204 feet in length and 7,392 tons in weight. The engineer stopped the train on a downhill grade of 0.9-1.18% near the signal governing the train’s movement, set the train’s air brakes at approximately 12 pounds, and fully set the locomotive consist’s independent brakes. After being stopped for approximately 3 hours, the engineer and conductor, located in the lead locomotive cab, observed the train roll towards the signal interlocking displaying a stop indication. This train experienced an unintended automatic brake release. The locomotive consist’s independent brakes remained fully applied but due to the grade, tonnage and wet rail could not solely hold the train without the automatic air brakes also being applied.

At that time, an opposing train on the same track was preparing to cross through the interlocking in front of the rolling train. The locomotive engineer of the rolling train applied full-service airbrakes and full dynamic braking but was not satisfied that the brakes were working effectively or fast enough. The conductor operated the emergency brake valve and stopped the train short of the signal and the train that was preparing to cross through the interlocking.

The crew then contacted the dispatcher and railroad management to report the unintended brake release and the conductor set a sufficient number of car handbrakes to hold the train on the grade.

FRA’s investigation of the rolling train’s event recorder, positive train control (PTC) system, and engine data logs, revealed: the PTC system had operated properly and would have initiated an emergency brake application upon reaching the signal; the Trip Optimizer was off; and the lead locomotive and consist did not cause the unintended brake release. Instead, FRA determined that, after approximately three hours with the air brakes set, the air pressure slowly bled down from some of the cars’ auxiliary reservoirs, likely causing localized brake releases.[1] The initiation of the brake release would enable the accelerated release functionality by taking some air from the emergency brake reservoirs and directing it back into the brake pipe resulting in a substantial number of adjacent car brakes releasing. Potentially contributing factors causing the train’s unintended movement included the downhill grade, wet rail, and the train’s tonnage.

Due to the potential for air brake system leaks, FRA prohibits unattended trains from depending solely on air brakes to hold equipment.[2] While the aforementioned rolling train was attended, it nevertheless engaged in an unintended movement.

Based on FRA’s review of this incident, and its awareness of other train incidents involving an unintended air brake release under similar circumstances, FRA believes operating guidance is warranted to help reduce the likelihood of similar unintended air brake releases, and therefore makes the following recommendations.

Recommendations

1. Train crews should not expect a service rate or emergency brake application to indefinitely maintain application of a train’s air brakes.

2. If a train is stopped with air brakes set, and the train begins moving, the crew should immediately apply the emergency brake. After the train is stopped, the crew should set a sufficient number of handbrakes to secure the train from further unintended movement before releasing the brakes and recharging the train’s air brake system.

3. Each railroad should adopt and implement an air brake procedure consistent with Recommendations 1 and 2 that addresses unintended brake releases.

4. Each railroad should have an operating supervisor conduct a face-to-face meeting with each locomotive engineer and conductor to explain and reinforce the contents of this advisory.

FRA may modify Safety Advisory 2022-02, issue additional safety advisories, or take other appropriate necessary action to ensure the highest level of safety on the Nation’s railroads.

Issued in Washington, DC.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.

Footnotes

1.  FRA notes this type of prolonged pressure release would likely not be identified during a periodic single car air brake test. Back to Citation

2.  49 CFR 232.103(n)(2). Back to Citation


The Federal Railroad Administration’s Office of Railroad Safety issued the following bulletin on Dec. 20, 2022:

SUBJECT: Pre-Departure Inspections – Appendix D to 49 CFR Part 215 


The Federal Railroad Administration (FRA) is investigating a recent fatal accident when a train operating on the mainline struck a piece of angle iron protruding from a freight car on the adjacent main track. Based on FRA’s preliminary results from its ongoing investigation, the piece of angle iron appears to have been part of the freight car (not lading, but a repair to the carbody side top cord of a scrap metal gondola car) that was starting to dislodge from the carbody. It appears that the piece of angle iron was in this state when the car was pulled from the customer, moved to a yard, and then added to a different train on the main track. The angle iron, which was protruding into the foul of the adjacent track, pierced a locomotive cab window and fatally injured a member of the crew

The purpose of this Safety Bulletin, which is informal in nature, is to provide almost-immediate awareness to the industry that an accident or incident occurred resulting in a fatality or significant damage to property or the environment. Its purpose is to also provide the industry key information with which to brief or (re)train employees. As FRA completes its investigation, it may take additional actions with respect to this incident/accident. 

Specifically, in this Safety Bulletin, FRA requests that railroads review this Safety Bulletin with its employees to increase awareness of this hazardous condition that led to a fatal injury. FRA also reminds train crew members that when at locations where a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars (such as in customer facilities), prior to pulling any cars and only when it is safe to do so, to perform a proper visual inspection of freight cars for any protruding objects that may foul an adjacent track from a railcar, and if observing such a condition to immediately report it. See Appendix D to 49 CFR Part 215, Pre-Departure Inspection Procedure (excerpted below). 

Appendix D to Part 215 – Pre-departure Inspection Procedure 

At each location where a freight car is placed in a train and a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars, the freight car shall, as a minimum, be inspected for the imminently hazardous conditions listed below that are likely to cause an accident or casualty before the train arrives at its destination. These conditions are readily discoverable by a train crew member in the course of a customary inspection. 

1. Car body: 

(a) Leaning or listing to side. 

(b) Sagging downward. 

(c) Positioned improperly on truck. 

(d) Object dragging below. 

(e) Object extending from side. 

(f) Door insecurely attached. 

(g) Broken or missing safety appliance. 

(h) Lading leaking from a placarded hazardous material car. 

2. Insecure coupling. 

3. Overheated wheel or journal. 

4. Broken or extensively cracked wheel. 

5. Brake that fails to release. 

6. Any other apparent safety hazard likely to cause an accident or casualty before the train arrives at its destination. 

Issued: December 20, 2022 

The bulletin is available below in PDF form.

WASHINGTON – SMART Transportation Division organized rallies in multiple locations Dec. 13 to bring attention to rail-related issues, including maintaining the current safe level of a minimum two-person crew in the cabs of locomotives, paid sick leave for workers and an end to the carriers’ Precision Scheduled Railroading (PSR) scheme.

A solidarity rally took place at Capitol Hill days after the Dec. 2 federal imposition of a national rail contract on the SMART-TD and three other unions, drawing support from the AFL-CIO’s Transportation Trades Department, multiple unions from inside and apart from the rail industry, a bipartisan contingent of U.S. representatives and senators and others.

“Every single day in this nation, a life is saved because of the actions of a two-person crew. When a train whistle is blown and a kid gets out of the way – that is a life that is saved in a moment. But you never hear about it because the railroads are not required to report it,” SMART-TD Alternate National Legislative Director Jared Cassity told the crowd of supporters at Capitol Hill. “PSR is a deadly animal to this entire nation. Public safety is under threat because of cuts for profit that the railroads are trying to make. They want to keep cutting. They want to keep taking crew members off trains — they’re going to do whatever they can do to keep making another dollar. We have got to put an end to it, but the only way we do that is that we all fight together and keep going.

“Keep talking to your brothers and sisters. Let them know that the fight continues — the only way that we win this battle is if everybody is out, everybody is fighting and everybody is loud and everybody is doing their part to make sure our job, our union, our solidarity is being fought for. You’ve got to be the leader at home. You’ve got to let your people know that the time is here, the time is now. We’re all in this fight together.

“When we leave here today, do not go home and think that you did your part. You have not done enough yet. We have not done enough yet. No one has done enough yet,” Cassity said. “We will get strong. We will get louder. We have got to continue.”

The rally at the Capitol was one of a series that took place in multiple states, including Colorado, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Ohio, Utah and Wyoming.

“These reforms aren’t going to happen on their own. We’re going to keep pushing to make them happen so we can deliver for railroad workers. At a minimum, every single railroad worker deserves paid sick leave and the guarantee of a two-person crew. These reforms will create a safer and better freight system for everyone,” said TTD President Greg Regan, who introduced a number of the speakers from Congress.

While Congress stopped a nationwide rail strike by imposing a contract on workers earlier this month, the devastating workplace conditions perpetuated by major rail corporations continue to prevail.

More than a dozen members of Congress addressed the rally, including: U.S. Reps. Donald Payne (D-N.J., Dist.10), Andy Levin (D-Mich., Dist. 9), Brian Fitzpatrick (R-Pa., Dist. 1), Don Bacon (R-Neb., Dist. 2), Jamaal Bowman (D-N.Y., Dist. 16), Jesús “Chuy” Garcia (D-Ill., Dist. 4), Alexandria Ocasio-Cortez (D-N.Y., Dist. 14), John Garamendi (D-Calif., Dist. 3), Bonnie Watson Coleman (D-N.J., Dist. 12), Pramila Jayapal (D-Wash., Dist. 7), Cori Bush (D-Mo., Dist. 1), Jimmy Gomez (D-Calif., Dist. 34), Rashida Tlaib (D-Mich., Dist. 13) and Ilhan Omar (D-Minn., Dist. 5) and U.S. Sens. Bernie Sanders (I-Vermont), Elizabeth Warren (D-Mass.), and Bob Casey (D-Pa.).

U.S. Sen. Bernie Sanders addresses the crowd at the Capitol Hill labor solidarity rally on Dec. 13.

“What you have shown the country is how outrageous this level of corporate greed is and how we have it in the rail industry and in other industries across this country,” said Sanders. “Tell the people that own this country that we are going to put an end to their greed.”

Sanders railed at the carriers’ refusal to meet workers’ demands for paid sick leave in the industry during the contract negotiations that concluded with the federal government imposing a contract on a majority of rail workers.

“The truth of the matter is, that if we had any justice in this country, we wouldn’t have to make that demand because this country would do what virtually every other major country on Earth does and guarantee paid family and medical leave.”

He also told workers that PSR will be in Congress’s crosshairs:

“You guys now have to do more with less. That’s their ideology — how do we work people to the bone so we can make $20 million a year? And that is why we have to put an end to Precision Scheduled Railroading,” Sanders said. “We’re going to bring not only the rail unions together, we’re going to bring the workers together to bring the justice that is long overdue.”

The D.C. rally was streamed live by the Rails, Tails and Trails podcast.

The rallies coincided with a hearing led by the Surface Transportation Board to examine Union Pacific’s service performance failures that have harmed the supply chain and preceded the public hearing before the Federal Railroad Administration regarding the Notice of Proposed Rulemaking (NPRM) regarding two-person freight crews.


Colorado

Members of SMART-TD rally at the overpass above BNSF’s Denver roundhouse and yards Dec. 13. (Photo courtesy Colorado SLD Carl Smith.)
Union members mobilize before their rally.
Members hold a banner at their rally Dec. 13.


Illinois

Members rally in the rain in Galesburg, Ill.

TSPR coverage of the event
WQAD


Michigan

Workers and supporters at a rally in Royal Oak, Mich.

WXYZ coverage


Minnesota

Northern News Now

Duluth News Tribune


Nevada

Nevada Globe

This is Reno

2 News


New Mexico


Ohio

Labor supporters rallied outside the Ohio statehouse on Dec. 13.

Wyoming

People turning out in Cheyenne in 15-degree temperatures with 25+mph winds and a -22-degree wind chill. “Huge shout out to Tammy Johnson, Wyoming AFL-CIO Executive Secretary, who helped me and did so much of the organizing,” said Wyoming SLD April Ford.

K2 Radio

SMART-TD’s testimony begins at 2:17:56

The Federal Railroad Administration (FRA) held its much-anticipated hearing Dec. 14 to receive public testimony on its Notice of Proposed Rule Making (NPRM) regarding a minimum train crew size.

As it was set up, representatives from just two Class I carriers — Union Pacific and Norfolk Southern — the Association of American Railroads (AAR) and representatives of the American Short Line and Regional Railroad Association (ASLRRA) spoke first, followed by labor representatives.

On its face, this setup seemed to work to the benefit of the testimony of labor — the SMART Transportation Division (SMART-TD), Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Trades Department of the AFL-CIO (TTD).

With the viability of the conductor profession on the line before regulators — a position that the carriers continually attempted to stress in testimony that from their perspective was “outmoded” or “obsolete,” carriers put forth their argument that single-person crews and nomadic conductors would in no way worsen the already frail condition of the freight rail industry.

The Precision Scheduled Railroading playbook would call the conductor position “the largest impediment to reduced Operating Ratios on the line” that the stakes were too high not to anticipate political theater.

To that end, economists and second-tier carrier executives alike offered flimsy, speculative and hard-to-follow arguments that were highlighted by the premise that UP and NS want to take conductors off of trains in order to improve the quality of life for their conductors. They peppered in the fact that short line operators are going to have difficulty petitioning FRA for variance on these rules based on “nominal” details such as the percentage of their trackage that is on grades, the tonnage of hazardous materials they haul, and the fact that their engines aren’t equipped with alerters.

Among other arguments made by carriers were that:

  • A roving conductor dispatched in a truck from the crew room can get to and change a knuckle in two-thirds the time a conductor on the train could.
  • Company-provided cell phones would be used to fill the safety gap created by removing the conductor. (A major shift from them being biggest safety concern for operating crew distraction for the last decade and ignoring the fact that FRA law states cell phones are to be off and store out of reach.)
  • Having a single employee is simpler, and simpler is safer.
  • A second employee creates a distraction for the engineer.
  • The negative effects of cognitive demand placed on engineers by rail technology is speculative in nature.
  • And of course, Positive Train Control is the answer to all things conducting.

All of the carrier presentations neglected that FRA’s chief duty is to apply regulations when necessary in matters of safe and efficient transport of goods and passengers across the United States. Nowhere does it say that the FRA’s job is to align itself so that carriers have the easiest course to make money.

Following lunch, FRA’s board received a steady diet of facts upon hearing labor’s side of the argument. Simple to follow, devoid of the pretzel logic used by the carriers and buoyed by the reality of working on the railroad in the 21st century was given by BLET Vice President Vincent Verna, AFL-CIO Transportation Trades Department President Greg Regan and SMART TD’s own President Jeremy Ferguson.

“There is no greater risk to the safety of railroad workers and the communities they serve than the consideration of a reduction in crew size in the cab of a locomotive,” Ferguson testified. “Having conductors on trains saves lives and prevents disasters in ways technology cannot. Artificial intelligence absolutely has a role to play, but it cannot replace authentic human intelligence in railroading.”

Everyone who has worked on a railroad has had a close call, one of the reasons why the bigger carriers don’t want to participate in the voluntary C3RS system. The likely outcome being that a huge flood of data would come in showing just how important the conductor is to avoiding accidents, like an engineer’s experience President Ferguson mentioned in which a conductor got a three-year-old boy off the tracks before he was struck by the locomotive.

Labor also discussed:

  • How “Menu Diving” in display screens keeps an engineer’s eyes off the rails.
  • How PTC is a safety overlay not intended to be a replacement of manpower and is inoperable at yard speeds.
  • How artificial Intelligence is not a substitute for authentic human intelligence when something goes wrong.
  • How the Railroad Technology graveyard is full of gizmos that were supposed to be “the answer”
  • How removing the conductor from the cab will increase blocked crossings — “the public’s No. 1 complaint”
  • How removing the conductor from the cab eliminates all ability of a train crew to fulfill its role as first responders in emergencies.
  • How advocating for conductors to remain on locomotives is advocating for avoiding unnecessary safety risks.

Single-person operations and the nomadic “expediter” model carriers are looking to pilot already have flaws that make the concept impractical on its face, Ferguson also said.

“God forbid an equipment failure occurs on the line of road without a conductor readily available to act in a moment’s notice, but especially if the train has an entire community blocked off. There is little a lone engineer can do in that situation,” Ferguson said. “I want to be realistic here. The only way that we can assure the safest course is protected during train operations is by maintaining two crewmembers in the cab of the locomotive.”

Counter to the double-talk carriers make about safety being their top priority, their business practices, ruthless cuts and a continued deterioration of service, as well as an express desire of wanting to cut even more employees, shows that the fight over crew size isn’t about better service or running a safer, more efficient railroad — it’s about the bottom line.

“The railroads have proven their willingness to make decisions that are not in the interests of safety, but rather are in the interests of profit and shareholder wealth,” Ferguson said. “Railroad safety isn’t just for the men and women working on the rails. It’s for everyday citizens that take for granted that the railroad is safe. Without a doubt, I can attest that the removal of the conductor, should it be permitted, from the cab of the locomotive will not just be catastrophic to all rail workers, it will be inimical to the American public.”

Following the testimony of Verna, Ferguson and Regan, three conductors and one BLET Auxiliary member, the spouse of an engineer, did an excellent job reinforcing the vital role conductors play in our nation’s safety and commercial viability. 

The battle for two-person crews capped an important week for rail labor. Labor rallies occurred Dec. 13 in nine locations around the country, including at Capitol Hill, in conjunction with the STB hearing regarding UP embargoes and the FRA hearing to bring attention to the negative effects PSR has had on the rail labor workforce and the dangerous territory carriers have pushed the industry into.

National outlets, including CNN, have covered the fight to keep two on a crew, as part of our efforts.

There should be a word of caution attached to this positive attention. First, we are dealing with the federal government and Railroad Corporations, so we should absolutely be aware that just because logic is on our side, that absolutely does not ensure that we will win the day. On Dec. 14, your union leadership took the fight to the carriers and outclassed them. Now it is your turn to do the same. 

With just one day left in the submission period, SMART-TD asks all of you to submit comments to the FRA for this NPRM on two-person crews. We have almost 13,000 comments as of now and, this is not the time to let off the gas pedal, even though labor outshined the carriers’ efforts.

If you haven’t submitted a comment, please do. If you have submitted a comment, please have your spouse, children, parents and friends submit comments.

The SMART Transportation Division would like to thank Johnny Walker, (Local 610, Baltimore, Md.) , Nick Jochim, (Local 904, Evansville, Ind.), Jessica Martin (Local 594, Mineola, Texas), Natalie Miller of BLET Auxiliary’s Nebraska chapter, and SMART-TD Utah State Legislative Director Dan Brewer (Local 1554, Ogden, Utah) for providing additional testimony reinforcing why two should stay on the crew.

Follow this link to submit your comments in support of keeping two on a crew.