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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

Union members mobilize before their rally.

Members hold a banner at their rally Dec. 13.

New Mexico

Ohio

Wyoming

K2 Radio

Tags Capitol Hill, Jared Cassity, precision scheduled railroading, Sen. Bernie Sanders, solidarity rally

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 21^st 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.

Tags Federal Railroad Administration, FRA, two-person crews

More than five dozen Democratic members of the U.S. Senate and the House sent a letter to President Joe Biden advocating that the government guaranteed paid sick leave for freight rail workers.

“It is literally beyond belief that rail workers are not guaranteed this basic and fundamental human right. Therefore, we urge you and your administration to do everything within your authority to guarantee rail workers the seven paid sick days that they desperately need through executive action.,” the letter stated.

“Through Executive Order, agency rulemaking, and any other applicable authority, we ask that you take quick and decisive action to guarantee these workers paid sick leave.”

The release of the letter comes before a Dec. 13 rally scheduled to take place on Capitol Hill organized by SMART-TD and other rail-labor organizations in the wake of federal imposition of a National Rail Agreement on Dec. 2 that was rejected by SMART-TD operating crafts.

Read the letter below.

2022.12.09_Biden_Sick_Leave_Letter Download

Tags Congress, Washington D.C.

The AFL-CIO Transportation Trades Department (TTD), of which the SMART-TD and -MD are members, released the following statement on behalf of rail unions regarding next steps in our push forward on reforms to a freight rail industry that is failing its workers and the American people:

“Across this nation, the American people have been awakened to the importance of freight rail workers to the national supply chain and our economy. More importantly, they have learned that the workers who are single-handedly responsible for the success of this industry have been mistreated while they’ve held these companies together through a pandemic and a historic supply chain crisis.

While rail unions successfully secured historic pay increases and other benefits for their workers with the support of President Biden, the railroads and their bought and paid-for allies in Congress refused to meet our demands for the basic human right of paid sick leave in bargaining. However, it should be made clear that the lack of paid sick leave is merely a symptom; so-called “Precision Scheduled Railroading” (PSR) and its cut-to-the-bone business model is the virus plaguing the rail industry and America’s freight commerce network. This virus exists for one reason, and one reason alone: corporate greed.

Let us be clear. The fight to guarantee paid sick leave for rail workers is not over and we will not back down until we win. We are committed to aggressively pursuing further action by both parties in Congress and the President, including the strategic use of legislation and Administration action, such as federal regulations and oversight, that will once and for all hold the rail industry accountable.

We stand united with workers and are grateful to the American people who have heard our call: in one of the most profitable industries in the richest country in the world, there is no excuse for rail workers to go another day without immediate action to correct this glaring injustice. But we must also remain focused on the underlying problems that remain for workers and the industry, which cannot be solved through paid sick leave policies alone.

The American people should know that while this round of collective bargaining is over, the underlying issues facing the workforce and rail customers remain. Over the last seven years, the freight railroad industry has moved to a business model that has cut their workforces to the bone, devastated worker morale by creating unsustainable working conditions across the industry, and put the safety of their workers and the American public at risk. This business model, which the industry termed “Precision Scheduled Railroading” (PSR), is not meant to improve service or reduce costs for shippers and consumers. Instead, it is meant to squeeze, with precision, every last penny of profit out of their operations for the benefit of a handful of ultra-wealthy investors who have contributed nothing themselves to the success of this industry.

Prior to PSR, if an employee needed to call in sick, they were nearly always allowed to “mark off,” and would be replaced by the next person on the roster. However, after cutting 30% of the workforce, there are no backups, and in an effort to keep trains moving, the rail industry needed a “stick” to keep employees in line. Management dusted off their rulebooks and decided to begin disciplining employees for missing work – a right they always retained but never used. If railroad workers spoke up, they risked being targeted. And in an era of mass furloughs, railroaders were rightfully worried that tomorrow would bring a pink slip.

The need for paid sick leave is only greater in this environment of strict discipline enforced by ruthless managers that were told to cut costs by any means. To most railroad managers, the solution was to furlough all possible employees, and rule over those remaining with an iron fist. Forced overtime went from being rare to a routine, multi-day occurrence. In fact, fatigue is now one the most dangerous issues facing employees. That is why the rail industry fought tooth and nail to deny paid sick leave to workers. They know that they cannot sustain their unsafe, greed-driven business model without putting the health and safety of workers on the line. In other words, denying workers sick leave isn’t an oversight but rather a core, intentional feature of the freight railroads’ business model.

In April, the railroads were called before the Surface Transportation Board (STB) for a three-day hearing on “Urgent Issues in Freight Rail Service.” The railroads were scolded not just by the STB and rail unions, but by rail customers across the spectrum. From grain shippers to chemical distributors, every witness pinpointed the same issue: that poor rail service is the result of years of irresponsible cost-cutting and the hostile work environment for remaining employees. And despite their public scolding and promises to make improvements, all of these metrics have continued to decline. Six months later, staffing levels are even lower than before, and freight embargoes of shippers are higher than ever.

And it is not just rail workers who are suffering. The freight railroads have created an economic crisis for all Americans by failing to meet the service needs of their customers. They have shamelessly crippled our supply chain, driving up prices for consumers on our most essential goods. What’s more, by forcing sick or fatigued workers to perform their jobs, they are knowingly risking public safety in our communities every single day. All of this for the sake of eking out a few extra dollars to further pad the pockets of their CEOs and Wall Street.

We will share our concerns about the freight rail industry’s behavior in greater detail before the Surface Transportation Board’s public hearing next Tuesday, Dec. 13, regarding Union Pacific’s refusal to accept goods for shipment because they’ve undermined their own capacity to ship them. We also applaud the Federal Railroad Administration for holding a public hearing next Wednesday, Dec. 14, on train crew size safety requirements, which is a fundamental safety issue and another example of the railroads willingly jeopardizing the welfare of their workers and safety to fuel more profits.

Ahead of these public hearings, rail workers will rally in front of the US Capitol on Tuesday, 12/13 from 1 to 3 p.m. to highlight the need to address all of these issues within the freight rail industry. Additional details will follow.

The wins for rail workers that resulted from a Presidential Emergency Board appointed by President Biden with further improvements facilitated by the Biden Administration are indeed historic. They include a 24% pay raise with back pay, which is the biggest wage increase in 45 years; a $5,000 bonus for every worker; an increase in travel disbursements for maintenance of way workers; no increase in health insurance copays or deductibles; no changes to two-person crew staffing; and more.

But rail workers, the unions who fight for them, and our partners in government must work together to hold this industry accountable for their actions and reconcile the long-term consequences of their greed. By prioritizing profits over people, they have failed workers, customers, and consumers. We need a freight rail system that works for the entire country. It is time for a reckoning.”

American Train Dispatchers Association (ATDA)

Brotherhood of Locomotive Engineers and Trainmen-IBT (BLET)

Brotherhood of Maintenance of Way Employes Division-IBT (BMWED)

Brotherhood of Railroad Signalmen (BRS)

International Association of Machinists and Aerospace Workers (IAM) District 19

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB)

International Brotherhood of Electrical Workers (IBEW)

National Conference of Firemen and Oilers, SEIU (NCFO, SEIU)

International Association of Sheet Metal, Air, Rail and Transportation Workers Railroad, Mechanical and Engineering Department (SMART MD)

International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division (SMART TD)

Transportation Trades Department, AFL-CIO (TTD)

Transport Workers Union of America (TWU)

Tags AFL-CIO Transportation Trades Department, solidarity rally

As prescribed by the Commerce Clause of the U.S. Constitution, the SMART Transportation Division acknowledges the ability of Congress to legally impose the Tentative National Rail Agreement upon the operating-craft employees represented by the SMART-TD. While it is unfortunate that our members were not able to approve the agreement in which they work under, we thank the President, House Speaker, Senate leadership, and Cabinet members for their support at the negotiating table and on the floor of Congress in an attempt to achieve more for our members.

It is extremely disappointing that 43 Senators voted to prioritize the corporate greed of rail carriers and CEOs over the needs and quality-of-life improvements that our members so desperately deserve. Because of Precision Scheduled Railroading, our members are forced to work more hours, have less stability, suffer more stress and receive less rest. The ask for sick leave was not out of preference, but rather out of necessity. No American worker should ever have to face the decision of going to work sick, fatigued or mentally unwell versus getting disciplined or being fired by their employer, yet that is exactly what is happening every single day on this nation’s largest freight railroads.

The Senators who opposed the measure all have paid sick days, as do their staff. Apparently, they believe the nation’s rail workers are “essential” to the American economy and supply chain, but not essential enough to deserve the same protection as them when becoming ill. By voting against that measure, these Senators made no illusions that they side with the decision that is most economically beneficial to their deep-pocketed corporate donors.

Our efforts to improve the lives of our membership will continue during future negotiations, as well as in the regulatory and legislative process. The American rail worker has spoken, as have the American rail shippers. The national freight rail network is broken, and the need for long-term rail reform is clear. Labor and shippers are united on this front. More must be done to reverse the harmful effects of Precision Scheduled Railroading and to right the ship for this nation’s economy and the hard-working members of SMART-TD.

Tags National Rail Contract, U.S. Senate

As the largest freight rail operating union in the United States, the SMART Transportation Division rejects the notion that any extension of the status quo cooling-off period would have a benefit to alleviating the current contract impasse.

The intransigence of the railroad carriers over the span of the more than three years of negotiations with all unions involved and to our union in the days since SMART-TD’s announcement of its voting results will not change with an extension.

Any consideration by Congress to the contrary would only further exacerbate the harm that has been done to our members, rail shippers, and the American economy.

The SMART Transportation Division does not support the notion of Congress intervening in our collective bargaining negotiations to prevent a strike. We firmly believe in the workers’ right to fight for their own best interests, as well as the best interests of their families. Unfortunately, threats to the economy have caused this Congress to believe that a strike aversion is the best course for this nation.

We implore them to not allow political pursuits or efforts to result in a scenario where we are forced to accept less than what is currently on the table, which includes the enforcement of the limited PEB recommendations and/or an extension of the cooling-off period.

Our members want and need sick leave, but even more so, they need relief from the damning effects of operational changes made by the railroads over the last five years. If Congress truly wants to take action to improve the industry for our members, then we recommend legislation that will work to reverse the devastation of Precision Scheduled Railroading.

As for this moment, we ask these elected leaders to stand with our essential workers and urge the House and the Senate to vote in favor of guaranteeing seven days of paid sick leave to rail workers.

Action today is a start, but the fight for rail workers continues.

Tags National Rail Contract, U.S. House Transportation and Infrastructure Committee

The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $182,700 to $188,000 beginning Jan. 1, 2023.

At the end of 2001, labor and management had agreed on various procedures to administer the annual changes in the amount of the lifetime maximum benefit under the ERMA Plan.

In conjunction with the formula established in 2001, a new lifetime maximum was calculated by utilizing the October 2022 consumer price index (CPI) data for Hospital and Related Services and Physician Services. The result is a lifetime maximum for 2023 of $188,000.

For individuals who have reached the lifetime maximum, the incremental maximum available is applied to eligible expenses submitted for dates of service on or after the effective date of the new maximum. For 2023, this amount will be $5,300.

This change will apply to all railroads and crafts participating in ERMA.

Tags ERMA, ERMA lifetime maximum benefit, GA-46000, Railroad employees national early retirement major medical benefit

Many railroad employees have served in the Armed Forces of the United States. Under certain conditions, their military service may be creditable as railroad service under the Railroad Retirement Act (RRA).

The following questions and answers provide information on how military service may be credited toward Railroad Retirement benefits.

1. Under what conditions can military service be credited as railroad service?

The intent behind the crediting of military service under the RRA is to prevent career railroad employees from losing retirement credits while performing active-duty military service during a war or national emergency period. Therefore, to be creditable as compensation under the RRA, service in the U.S. Armed Forces must be preceded by railroad service in the same or preceding calendar year. With the exceptions noted later, the employee must also have entered military service when the United States was at war or in a state of national emergency, or have served in the armed forces involuntarily. Military service is involuntary when an employee is required by law, such as Selective Service System conscription or troop call-up from a reserve unit, to leave railroad service to perform active duty military service.

Only active-duty military service is creditable under the RRA. A person is considered to have been on active duty while commissioned, or enrolled, in the active service of the Armed Forces of the United States (including the U.S. Coast Guard), or while ordered to federal active duty from any reserve component of the uniformed armed forces.

2. What are some examples of creditable service performed by a member of a reserve component, such as the Army Reserve?

Any military service a reservist is required to perform as a result of a call-up to active duty, such as during a partial mobilization, is creditable under the RRA, so long as the military service is preceded by railroad service in the same or preceding year.

Annual training duty as a member of a reserve component of a uniformed service is also considered active duty and may be creditable, provided the railroad employee service requirement is met. The period of active duty for training also includes authorized travel time to and from any such training duty. However, weekend alone or evening reserve duty is not creditable.

Active duty in a state National Guard or state Air National Guard unit may be creditable only while the reservist was called to federal active duty by Congress or the president of the United States. Emergency call-up of the National Guard by a governor for riot or flood control would not be creditable.

3. What are the dates of the war or national emergency periods?

The war or national emergency periods are:

August 2, 1990, to date as yet undetermined.
December 16, 1950, through September 14, 1978.
September 8, 1939, through June 14, 1948.

If military service began during a war or national emergency period, any active duty service the employee was required to continue in beyond the end of the war or national emergency is creditable, except that voluntary service extending beyond September 14, 1978, is not creditable.

Railroad workers who voluntarily served in the armed forces between June 15, 1948, and December 15, 1950, when there was no declared national state of emergency, can be given Railroad Retirement credit for their military service if they:

performed railroad service in the year they entered or the year before they entered military service, and;
returned to rail service in the year their military service ended, or in the following year, and;
had no intervening nonrailroad employment.

4. How can military service be used to increase benefits paid by the Railroad Retirement Board (RRB)?

Railroad Retirement annuities are based on length of service and earnings. If military service is creditable as railroad service, a person will receive additional compensation credits for each month of creditable military service and railroad service credit for each active military service month not already credited by actual railroad service.

Creditable military service may be used in addition to regular railroad service to meet certain service requirements, such as the basic 10-year or 5-year service requirements for a regular annuity, the 20-year requirement for an occupational disability annuity before age 60, the 25-year requirement for a supplemental annuity, or the 30-year requirement for early retirement benefits.

5. Can United States Merchant Marine service be creditable for Railroad Retirement purposes?

No. Service with the Merchant Marine or civilian employment with the Department of Defense is not creditable, even if performed in wartime.

6. Are Railroad Retirement annuities based in part on military service credits reduced if other benefits, such as military service pensions or payments from the Department of Veterans Affairs, are also payable on the basis of the same military service?

No. While Railroad Retirement employee annuities are subject to reductions for dual entitlement to Social Security benefits and, under certain conditions, federal, state or local government pensions, as well as certain other payments, Railroad Retirement employee annuities are always exempt from reduction for military service pensions or payments by the Department of Veterans Affairs.

7. Are the unemployment and sickness benefits payable by the RRB affected if an employee is also receiving a military service pension?

Yes. The unemployment and sickness benefits payable by the RRB are affected if a claimant is also receiving a military service pension. However, payments made by the Department of Veterans Affairs will not affect railroad unemployment or sickness benefits.

When a claimant is receiving a military service pension or benefits under any social insurance law for days in which he or she is entitled to benefits under the Railroad Unemployment Insurance Act, railroad unemployment or sickness benefits are payable only to the extent to which they exceed the other payments for those days. In many cases, the amount of a military service pension precludes the payment of unemployment or sickness benefits by the RRB. Examples of other such social insurance payments are firefighters’ and police pensions, or certain workers’ compensation payments. Claimants should report all such payments promptly to avoid having to refund benefits later.

8. Can proof of military service be filed in advance of retirement?

Yes. Railroad employees are encouraged to file their military service proofs well before retirement to expedite the annuity application process and avoid delays caused by inadequate proofs. Proofs can be mailed to an employee’s local RRB field office, or placed in the secure lockboxes/door slots outside of an RRB field office’s doors. (Lockboxes and door slots are checked daily.) Employee information will be recorded and stored electronically until an employee retires. All evidence brought or mailed to an RRB office will be handled carefully and returned promptly.

If employees do not have an official record of their military service, their local RRB office will explain how to get acceptable evidence.

9. How can an employee get more information about the crediting of his or her military service by the RRB?

More information is available by visiting the RRB’s website, RRB.gov, or by calling an RRB office toll-free at 1-877-772-5772. Persons can find the address of the RRB office servicing their area by calling the agency’s toll-free number or by clicking on the Field Office Locator tab at RRB.gov. RRB field offices currently offer limited in-person service by appointment. To schedule an appointment, call 1-877-772-5772. Individuals should bring a photo ID when visiting a field office, and, depending on guidance from the Centers for Disease Control and Prevention for the county in which the field office is located, may be required to wear an appropriate face mask. In such circumstances, if visitors do not have a mask, one will be provided for them.

Tags military service, Railroad Retirement Act, Railroad Retirement Board, RRB, veterans

Dear Brothers and Sisters:

As you are undoubtedly aware, voting on the 2022 Tentative Agreement concluded yesterday evening at 11:59 p.m. Eastern time. I would like to sincerely thank each and every member who exercised their right to participate in this ratification, regardless of how you voted. While the final outcome is somewhat disheartening, I am proud to say that SMART-TD members turned out in record numbers, and your voices have been heard.

Before addressing the ratification vote results and our next steps, it is important to note that Article 21B, Section 91, of the SMART Constitution pertaining to national contract ratifications states, in pertinent part:

“A majority of the members voting of each of the crafts to be covered or affected by the terms of the proposed agreement shall be required to ratify the offer of settlement.”

This requires that each historic craft we represent (e.g., Conductors, Engine Service, Brakemen, Yardmen) must ratify for an agreement to ratify.

It is also important to note that there are two separate agreements covering the affected SMART-TD members. Document “A” applies to members working in the crafts of Conductor, Engine Service, Brakemen, and Yardmen (collectively referred to as the “operating crafts”), while Document “B” applies specifically to Yardmasters. With that being said, the final results of SMART-TD’s ratification vote are as follows:

Craft	In Favor	Opposed	Result
Conductor	50.8%	49.2%	Pass
Engine Service	50%	50%	Tie
Brakemen	50.2%	49.8%	Pass
Yardmen	39.8%	60.2%	Fail
Yardmaster	62.5%	37.5%	Pass

As a majority of the members voting of each of the operating crafts did not approve the 2022 Tentative Agreement, Document “A” has failed ratification. As a majority of Yardmasters approved the 2022 Tentative Agreement, Document “B” is ratified, effective November 21, 2022.

With respect to the operating craft members outlined above, SMART-TD has entered a cooling-off period that extends through December 8, 2022. The National Carriers’ Conference Committee (NCCC) has already indicated to us that they do not intend to engage in further bargaining over these issues. This has been their behavior to the other unions that have failed to ratify during this round of bargaining. Nonetheless, SMART-TD’s negotiating team will return to the table and invite the NCCC to reopen good-faith negotiations during this period.

If the cooling-off period expires and an improved Tentative Agreement cannot be reached, self-help will be available commencing at 12:01 a.m. Eastern time, Friday, December 9, 2022. There will be no need for this office to conduct another vote seeking strike authorization, as the results of our July 2022 polling and the unanimous approval of the affected General Committees of Adjustment still apply.

Please note that this letter does not automatically constitute authorization to engage in self-help. Final authorization will come in a separate notice from this office. The earliest such notice could be issued would be on or after 12:01 a.m. on Friday, December 9, 2022. However, there is a distinct possibility that Congress may pass legislation to resolve this dispute and/or impose an agreement prior to the expiration of our current cooling-off period. In that event, no self-help authorization can be issued.

As additional information becomes available, updates will be shared with all SMART-TD members via email, the SMART Union website and Transportation Division social media pages.

With best wishes and sincere gratitude for your continued support, I remain

Fraternally yours,

Jeremy R. Ferguson
President – Transportation Division

Follow this link for a printable version of this letter.

Tags ratification vote results, SMART-TD President Jeremy Ferguson, tentative agreement, tentative national rail agreement