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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:

CraftIn FavorOpposedResult
Conductor50.8%49.2%Pass
Engine Service50%50%Tie
Brakemen50.2%49.8%Pass
Yardmen39.8%60.2%Fail
Yardmaster62.5%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.

BLET members vote to ratify national rail agreement with the nation’s Class I railroads; operating craft (Train & Engine service) members of SMART-TD have voted to reject it, while TD yardmasters have voted to ratify their national agreement.

INDEPENDENCE, Ohio — Voting concluded midnight Sunday for members of the Brotherhood of Locomotive Engineers and Trainmen (BLET) as well as the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) on proposed new five-year collective bargaining agreements with the nation’s Class I railroads. BLET members voted to accept a tentative agreement reached on September 15; SMART-TD train and engine service members have voted to reject their proposed contract, while SMART-TD yardmaster members voted to accept. BLET and SMART-TD are the two largest rail unions, accounting for half of the unionized workforce on the nation’s largest freight railroads.

The five-year agreement ratified by BLET members and SMART TD yardmaster members addresses rates of pay, health & welfare, and other fringe benefits for approximately 24,000 locomotive engineers and other rail workers represented by the union who are employed by the nation’s Class I railroads.

A record number of eligible BLET members participated in the ratification vote with 53.5% voting in favor and 46.5% voting against.

Turnout among the more than 28,000 eligible SMART-TD members was also a record high. 50.87% of train and engine service members represented by SMART-TD voted to reject the TA, while 62.48% of SMART-TD-represented Yardmasters voted to ratify.  Representatives from SMART-TD will now head back to the bargaining table with the National Carriers Conference Committee (NCCC), which represents railroad management, to negotiate new terms for the affected train and engine service members.

“BLET is a membership-driven union.  In September, our National Wage Committee and our General Chairmen who represent freight rail workers unanimously agreed that the time had come for the membership to have a say on their contract,” said BLET President Dennis Pierce.  “Since then, we have worked to ensure that all of our members fully understand the wins and losses in the Presidential Emergency Board recommendations and how those recommendations were improved upon leading to the tentative agreement sent out for their consideration. In every communication we stressed that we were there to explain the tentative agreement, not to tell any member how to vote. Our goal was to get all involved members to cast a ballot — no matter how they voted.  With over two-thirds of eligible BLET members returning a ballot, a true majority of the membership has spoken and I want to thank them all for participating.  Rank and file member ratification of contracts is one of the core democratic principles of our Union.”

Under the provisions of the Railway Labor Act, the labor law for workers employed by railroads and airlines, contracts don’t generally expire, they become amendable. After the unions filed their Section 6 notices with the NCCC in November 2019, talks began in January 2020.

 “SMART-TD members with their votes have spoken, it’s now back to the bargaining table for our operating craft members,” said SMART-TD President Jeremy Ferguson. “This can all be settled through negotiations and without a strike. A settlement would be in the best interests of the workers, the railroads, shippers and the American people.”

A status quo agreement between SMART TD and management is in effect until December 8. Beginning on December 9, SMART-TD would be allowed to go on strike or the rail carriers would be permitted to lock out workers — unless Congress intervenes.

“The ball is now in the railroads’ court. Let’s see what they do. They can settle this at the bargaining table,” said Ferguson. “But, the railroad executives who constantly complain about government interference and regularly bad-mouth regulators and Congress now want Congress to do the bargaining for them.”

If there is a strike by SMART-TD or any of the other three rail unions that have rejected proposed contracts with the carriers, BLET and the other eight rail unions that have ratified agreements have pledged to lawfully honor their picket lines.

“We stood shoulder to shoulder with our brothers and sisters in SMART-TD and others in rail labor throughout this process, and we will continue to stand in solidarity with them as we approach the finish line in this round of negotiations,” said Pierce.

# # #

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry. Find out more at the SMART-TD site: https://www.smart-union.org.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters. More information can be found on the BLET website: https://ble-t.org/

Balloting to have your voice heard on the tentative National Rail Agreement (TA) closes 11:59 p.m. Eastern TONIGHT, Nov. 20, 2022.

We thank all of the members who have participated thus far by casting your vote. For those who have not yet voted, we wanted to provide a one-stop source of information that can be referred to prior to the close of balloting at 11:59 p.m. (Eastern) Sunday, Nov. 20, 2022.

Video of the Nov. 9 town hall meeting in Ohio.

BE INFORMED BEFORE DECIDING: Transportation Division President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce engaged in a candid, in-depth town-hall meeting with members of both unions Nov. 9 and fielded questions regarding all aspects of the TA. Please see above to watch.

IF YOU HAVE NOT RECEIVED A BALLOT: Ballots were mailed to the addresses that the union had on file for eligible members via USPS first class mail two weeks ago. If you have not received your ballot and you believe that you are eligible to vote, please contact the SMART-TD office and submit your request for a replacement ballot. For the quickest response, requests may be submitted by emailing ContractQuestions@smart-union.org. Replacement ballot requests may also be submitted by calling (216) 227-5424. When submitting your request, please provide your full name, home address, last 4 digits of your Social Security number and date of birth. Once your identity and eligibility are confirmed, you will be provided with the pertinent materials and instructions to cast your vote.

REGARDING H&W: Payment rates for the plans have been announced, pending ratification.

PLEASE REMEMBER THAT YOUR VOTE COUNTS! To have a say on this TA, all eligible members are encouraged to exercise their democratic rights as a member of our union.

INDEPENDENCE, Ohio, November 11 — At a November 9 Town Hall meeting, SMART Transportation Division President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce discussed the tentative National Rail Agreement with dozens of members from both unions.

A video recording of the Town Hall (approximately 1 hour and 45 minutes) is available on the BLET and SMART TD websites.

2023 payment rates confirmed for H&W plans

INDEPENDENCE, Ohio (Nov. 8, 2022) — Late last week, members of the Cooperating Railway Labor Organizations (CRLO) and the National Carriers’ Conference Committee (NCCC) convened to review and renew the payment rates for the nationally negotiated health & welfare plans including medical, dental, vision, and life/accidental death & dismemberment (AD&D) benefits.

Prior to last week’s meetings, SMART-TD and BLET mailed ratification ballots to eligible members who are covered under the above plans. If ratified, the agreement would restore the 15% monthly employee cost-sharing contribution (based on the monthly payment rates set annually) that was included in the past three National Agreements. The Tentative Agreement also would provide additional benefits for hearing, speech therapy, and autism-related therapies that are not currently covered by the plans. There are no other H&W cost increases in the Tentative Agreement.

Accordingly, SMART-TD and BLET members are advised that the following payment rates (and monthly employee cost-sharing contribution rate, if ratified) will become effective January 1, 2023:

BenefitMonthly Payment Rate
Medical + Rx (non-hospital association rate)$1,972.43
Dental$68.50
Vision$8.16
Life/AD&D Coverage$12.30
Total$2,061.39
15% Cost-Sharing Contribution (proposed)$309.21
Note that the above payment rates do not include costs for on-duty coverage or other administrative costs that are paid 100% by the carriers

The above confirmed payment rates, and therefore the proposed monthly employee cost-sharing contribution rate, came in lower than the previously provided estimates, which projected the 2023 monthly employee cost-sharing contribution rate to be $319.00. As further information, as part of the last National Agreement, the monthly employee cost-sharing contribution rate has been frozen at $228.89 since July of 2016. Had that freeze not been in effect, the 15% monthly employee cost-sharing contribution rates would have been as follows;

2016: $228.89

2017: $261.37

2018: $245.07

2019: $248.59

2020: $248.59

2021: $262.10

2022: $287.46

The 2023 15% monthly employee cost-sharing contribution rate of $309.21 represents a $21.75 increase over 15% of the 2022 premium rate, had the 15% monthly cost sharing not been capped in the last National Agreement. The Tentative Agreement under consideration now includes a similar cap that takes effect at end of 2024 and that cap is an improvement over the recommendations of the Presidential Emergency Board.

Voting on the 2022 Tentative Agreement will remain open until 11:59 p.m. on Nov. 20, 2022. Tabulation is set to occur and results will be announced on November 21.

INDEPENDENCE, Ohio, (Nov. 3, 2022) — The BLET and SMART-TD will host a joint town hall meeting next week to discuss the tentative national rail agreement. Members of both unions from all involved railroads are welcome to attend.

Details are as follows:

Time: 5:30 p.m., Wednesday, Nov. 9

Location: BLET National Division Headquarters, 7061 E. Pleasant Valley Road, Independence, OH 44131

SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce will be in attendance to answer membership questions.

A flyer for the November 9 Town Hall meeting is available.

For those who cannot attend, a video recording of the Town Hall meeting will be made available in the members’-only areas of the unions’ respective websites following the event.

Dates and locations of additional meetings will be announced as available.

ATTENTION: ALL SMART-TD RAIL MEMBERS SUBJECT TO NATIONAL HANDLING

Ballots have been sent out to all eligible SMART-TD members for voting on the 2022 National Rail Tentative Agreement. A PDF synopsis of the Tentative Agreement can be found here, and a full PDF copy of the Tentative Agreement can be found here.

As required by SMART Constitution Article 21B, Section 91, ballots were mailed via USPS first class mail to all eligible members at their last known address. Over the next several days, members will begin receiving ballot packages in standard #10 size envelopes containing information about the 2022 Tentative Agreement, a unique 12-digit access code and detailed instructions for casting telephonic votes using the BallotPoint election services voting system.

Voting on the 2022 Tentative Agreement closes on Sunday, November 20, at 11:59 p.m. ET. Tabulation will occur and results will be announced on Monday, November 21.

To be eligible to vote, members must be employed by a carrier that is fully involved in national handling, and they must be actively working in one of the crafts covered by the tentative agreement (conductor, engine service, brakeman, yardman or yardmaster). Members who are employed by carriers that are partially subject to national handling (i.e., H&W only, or H&W and wages only) and members who are not working for any reason including sickness, disability, furlough, suspension and dismissal (commonly referred to as “E-49” members) are not eligible to vote.

If you are a SMART-TD member who meets the above eligibility requirements and you have not received your ballot by the week of November 7, you may contact the SMART-TD office by emailing ContractQuestions@smart-union.org, or by calling (216) 227-5424. In doing so, please provide your full name, home address, last 4 digits of your Social Security number and date of birth. Once your identity and eligibility are confirmed, you will be provided with a telephone number and a unique 12-digit access code to cast your vote.

SMART-TD URGES ALL ELIGIBLE MEMBERS TO EXERCISE THEIR DEMOCRATIC RIGHTS BY VOTING ON THIS TENTATIVE AGREEMENT.

ABOVE: Video from SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce explaining the National Rail Tentative Agreement.

Timeline showing the development of the National Tentative Agreement (PDF).

Due to the importance of the issue and the record response, the Federal Railroad Administration (FRA) has extended the comment period for the Noticed of Proposed Rulemaking (NPRM) on a two-person minimum freight crew size rule, the SMART Transportation Division National Legislative Department reports.

The new deadline for SMART-TD members, rail labor and the public to let their voices be heard in this pivotal conversation about the safety of U.S. railroad operations is now Dec. 21st, 2022.

“Please keep the pressure on and the pedal down as we fight together for our safety and our jobs,” said National Legislative Director Greg Hynes. “We’ve blown well past the level of comments that the prior NPRM received after it was introduced in 2016, getting almost 10 times the number of comments it received.

“There are a lot of things going on, but we need to keep spreading the word about the Rule of 2 and how it is essential to rail safety. If you have not commented on how important it is to maintain rail staffing at the current safe level, you still have time to do so!”

Members who have not yet posted a comment to the FRA in support of the Rule of 2, or who have a spouse or family member who would like to do so should please follow this link.

An instructional video about how to file a comment is available here.

The 2022 Tentative Agreement (TA) documents for Transportation Division members under national rail contract handling are available to be reviewed through the SMART Member Portal.

Both PDFs of the TA (with rate tables to be added) and the Questions and Answers that accompany it are ready for members to read and to seek clarification about prior to filling out ballots, which are to enter the mail system next week, kicking off the 21-day voting period.

It goes without saying that it is of the utmost importance that each member takes the time to read these documents. If you are having difficulty in accessing the documents or have questions, please contact your local leadership.

This agreement will set the table for our members’ financial security and quality of life for five years, and it is important to do a thorough review of the TA before making your voice heard through the ballot process.

It has been a long and difficult path to get to the point of having an agreement for rail labor to consider. This most important part of the process is up to each of you.

IMPORTANT MESSAGE TO ALL SMART-TD MEMBERS SUBJECT TO NATIONAL RAIL NEGOTIATIONS

As you are likely already aware, SMART Transportation Division members will soon be voting on the 2022 Tentative National Rail Agreement. As required by Article 21B, Section 91, of the SMART Constitution, voting information will be mailed to all eligible members via USPS first-class mail.

In order to ensure that you receive your balloting materials in a timely manner, please take a moment to log in to the SMART Member Portal or the SMART App to verify or update your contact information as necessary.

It should be noted that Article 21B, Section 49, of the SMART Constitution states that it is the members’ responsibility to keep SMART-TD apprised of their current home address. It should also be noted that in most cases, the railroads do not provide employee contact information to the unions. In other words, if your employer has your current home address on file, it is not safe to assume that SMART-TD has that same up-to-date information on file!

In accordance with the requirements of the SMART Constitution, ratification voting will be conducted and overseen by an independent certified election services provider. Votes will be collected and tabulated using a secure telephonic voting system. In order to cast their votes, members will be required to provide the unique login information that will be mailed to their home address.

Additional information regarding the upcoming ratification vote, including the exact dates for mailing and tabulation of ballots, will be distributed to our members following the conclusion of the current Question and Answer period.

A link to the SMART Member Portal can be found here: https://www.smart-union.org/members/

The SMART Union app is available by texting the word APP to 67336 or for download on Apple’s App Store or Google Play.