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The Canadian National Railroad (CN) has sent their crews rolling through communities without access to essential safety documents, ranging from operating rulebooks to their Emergency Response Guides (ERGs). The railroad’s electronic document system recently failed without a meaningful backup, placing everyone on or near their trains at risk.  

This situation raises serious safety concerns, especially as CN’s freight trains travel extensively across both the U.S. and Canada. 

Help SMART-TD track the impact of this problem. If you work for CN, fill out the safety condition report for every incident. The form is available on the SMART App and SMART-TD’s websites. 

CN railroader and Michigan’s Alternate State Safety and Legislative Director Eric Stanger told SMART News, “The idea that there is not an adequate contingency plan in place for this is mind blowing.” Brother Stanger went on to say, “In any other circumstance, CN would be handing out discipline for not having these documents, but because it’s on them, they are insisting the workforce violate their own operating rules.” 

App outage leads to risky business 

CN’s Comply365 app, which provides train crews with electronic access to rulebooks, timetables, federally mandated ERGs, track charts and other vital information, crashed this week. 

The app’s sudden loss stemmed from a systemwide software update gone wrong, leaving crews without critical resources as they navigate complex rail routes and handle hazardous materials from Canada to the Gulf Coast. 

Paper backups still needed, according to feds 

A recent ruling from the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) acknowledge that electronic systems can fail.  

They ruled that readily available physical copies of hazardous materials paperwork are required. Their decision is grounded in common sense: computers crash, our trains should not.

CN got an exception that’s unsafe for our members 

PHMSA granted CN a special permit in 2020 allowing them to use an entirely paperless system to provide hazmat data to their crews. This permit required a “reliable and readily available backup plan.” The current scenario, with Comply365 being unavailable in some areas for over a week, proves that those requirements were not met by CN. They did NOT hold up its end of the agreement, and SMART-TD members are at risk.  

Many of our CN brothers and sisters have not been able to access the backup software, known as Content Locker. After long hold times with the IT desk, many of them have not been given any solutions to the problems with their devices.  

Safe operations are further hampered because, while trains run 24/7, CN technical support closes from midnight through 6 a.m. daily.  

Backup failure causes problems 

Even when it works, Content Locker is out of date. The version of the ERG available on Content Locker is from 2020. Under normal circumstances, this would be disqualifying for any Class I railroad.  

Providing printed copies of the 2024 ERG for their employees, at a whopping $0.05 per page, was considered by the railroad to be too costly an investment in employee safety.  

PHMSA waiver nears its end date 

This is not the best time for CN to highlight that the system they’ve taken on a trial run is down or to try to obtain thousands of printed ERGs. Their special permit from PHMSA is currently up for renewal! 

So, for now, CN has every crew on their system running with outdated emergency response guides as their only available resource. Of course, that’s WHEN they’re available.  

Workers run with old info, deal with tech crashes 

Many of the CN members of SMART-TD report that they are also working with outdated timetables, and some are running without their daily bulletins. These crews must rely on conversations with other crew members to learn about temporary speed restrictions, work authorities, and other critical information that keeps them safe and out of trouble while navigating their day-to-day activities.  

Content Locker occasionally freezes their “Zebra” tablets, the technology platform provided by the railroad. The conductor/engineer must reboot and reconfigure the program each time to regain access to timely safety information.  

For anyone who has ever been on a 15,000-foot mixed freight train going 50 mph, you need answers to help keep your train on the rails and in compliance. Every document is essential, formally required, and crews do not have time to leisurely shut down and restart troubled tech when they need the information they contain.  

A carrier without a plan 

As SMART News found out in conversations with CN members, this is not the first time CN has had a systemwide outage of Content365. In 2022, the system was down for approximately three days. Despite this prior outage, CN hasn’t come up with a better solution in two years. This is unacceptable for worker and public safety. 

It could have been worse 

SMART News was able to contact CN members in multiple general committees, and we are happy to report that not all of these territories have had the same level of complications from the outage.  

General Chairperson Kenneth Flashberger of GCA-987 (Wisconsin Central) reported that his crews reported very little disruption in their service. In his territory, the outage inconvenienced crews for less than a day. The workaround provided by CN was successful, and crews consistently have had access to the data they needed via Content Locker.  

The outage affects safe operations 

By prioritizing electronic solutions over reliable, physical copies of crucial documents, CN has put its train crews and the public at risk. The bottom line is that CN failed to plan, and now SMART-TD’s men and women are at risk because of it.  

Any corporation willing to skirt federally mandated, common-sense safety protocols to avoid the cost of printing backup copies of timetables, rulebooks, track charts, and ERGs is not worthy of claiming “safety is a core value.” 

SMART Transportation Division President Jeremy Ferguson congratulates the American Train Dispatchers Association on their most recent accomplishment by organizing Genesee and Wyoming workers:

“While there are only six recognized Class I railroads in operation in the U.S. today, when it comes down to it, the Genesee & Wyoming’s footprint as a short line holding company makes it comparable to the nation’s biggest railroads. What the ATDA has accomplished with the G&W is a great thing for organized labor. As time goes by and the smaller railroads look at the bigger lines and decide to adopt the worst of the strategies those executives come up with, labor’s voice and our organizing efforts will grow in importance to protect the workers and the public. Congratulations to President Ed Dowell and the rest of the ATDA team for this victory!”

Genesee and Wyoming operates in 43 states and over 13,000 miles of short-line track.

Following the East Palestine derailment, the Federal Railroad Administration announced they were going to survey the safety culture of all Class I railroads. While one railroad interfered with these investigations, the FRA was able to complete their evaluation of the Burlington Northern and Santa Fe Railroad (BNSF).  

Their results, published this week, are both interesting and predictable.

BNSF managers are ignorant of real safety concerns

As shown in this graph, BNSF’s managers had a consistently high opinion of how safe the workplace is that they oversee. The more closely an employee works with an actual train, however, the lower their estimation of how safely the organization runs. Here is the reality check:

BNSF has room to do more for our safety — a lot more

The FRA’s overall findings show that BNSF’s corporate policies may lean into the idea that safety is the company’s highest priority, but that message doesn’t translate into policies by the time it reaches craft employees. Specific areas of concern include:

  • Clear reporting systems and accountability.
  • Open and effective communication across the railroad.
  • Mutual trust between employees and management.
  • Fair and consistent responses to safety concerns.
  • Training and resources are available to support safety.

A large part of FRA’s efforts to analyze the safety culture of the country’s largest railroads is based on the responses to interview questions given by employees. As part of the process, random railroaders from T&E, Maintenance of Way, Mechanical, Communications (dispatchers), and, of course, management are interviewed.

The FRA’s entire 150-page report is available to the public.

The employees operating the trains and the communities they pass through are not as safe as they could be, and railroad managers appear to be blind to this fact. Saying “safety first” on the BNSF website doesn’t result in safer trains. Earning trust, then investing in accountability, communication and training does.

WASHINGTON, D.C. — Five railroads recently requested a special waiver to run their trains free from the oversight of the mandated safety technology Positive Train Control (PTC). The Federal Railroad Administration (FRA) denied their request in part due to union objections.

Greg Hynes, SMART-TD’s national legislative director, explains that “our opposition was grounded in a commitment to protect our members and the public from the risks associated with operating trains without PTC.”

Class I carriers BNSF and Norfolk Southern, and passenger carriers South Florida Regional Transportation Authority, Caltrain, and the New Mexico Rail Runner Express requested the waivers. Railroads often request waivers to critical regulation that protect the communities through which they operate, but that can impact their operating expenses. In this case, the expense of keeping critical safety technology in good working order. Deferring that maintenance is one way they can cut costs.

Waivers such as this one is one strategy the railroads employ to undermine the regulations they perceive as burdensome; despite the positive impacts the rules have on public and worker safety. Freight carriers often prioritize production over safety, as they were trying to increase the speed of trains without the vital safety overlay of PTC.

“The FRA’s denial of this waiver request is a victory for rail safety and underscores the importance of adhering to established safety protocols,” Hynes said.

Jared Cassity, SMART-TD’s Alternate Legislative Director, added, “SMART-TD will continue to be a vigilant watchdog in the FRA’s public comment process. We are dedicated to ensuring that safety regulations are not compromised and that our members work in environments where safety is not negotiable.”

SMART-TD, alongside the Brotherhood of Railway Signalmen (BRS), the AFL-CIO’s Transportation Trades Department (TTD), and the Brotherhood of Locomotive Engineers (BLE), opposed the request.

SMART-TD closely monitors the FRA’s public comment process as part of the union’s unwavering commitment to rail safety. Our members are the most at risk, which is why we continuously advocate for regulations that prioritize the well-being of rail workers, the safety of rail operations, and the communities in which we operate.

The railroads’ waiver was under review through FRA Docket Numbers FRA-2010-0039, FRA-2010-0045, FRA-2010-0051, FRA-2010-0056, and FRA-2010-0060.

SMART-TD is the Transportation Division of the Sheet Metal, Air, Rail and Transportation Workers union. The union is the largest rail union in the United States and represents several operating crafts.

FRA’s denial letter to railroads

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SMART-TD comment

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Daily headlines about new railroad safety laws make it feel like every day is “Railroad Day on the Hill.” However, the formal event falls once a year on the legislative calendar, where rail union representatives share the many issues that face our industry with legislators in D.C.

Thirty-eight men and women represented SMART Transportation Division, the nation’s largest railroad union. They spread the gospel of the Railway Safety Act, the need for shorter trains, increased quality of life and our call for better safety inspections of rolling stock.

The SMART delegation represented 20 different states and held 130 meetings with any Congress member or staffer willing to listen throughout the day.

The event was organized by National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Legislative Department Chief of Staff Jenny Miller. The Legislative Department invited 13 other unions to participate in Railroad Day on the Hill.

President Jeremy Ferguson, multiple vice presidents, state legislative directors, alternate state legislative directors, general chairpersons, local legislative reps and state legislative vice chairs from across the country all were present.

Ohio senators support Railway Safety Act, REEF Act

Senator Warnock and his staff hosted a Constituent Coffee at the Capitol, in Washington, DC on May 1, 2024. (Official U.S. Senate photo by Renee Bouchard)

SMART-TD representatives started with a breakfast with Senator J.D. Vance of Ohio. Vance has proven himself to be a champion for rail safety and is the lead sponsor of the Railway Safety Act.  Transportation Division representatives discussed ways our union could help rally support for the RSA and the REEF Act.

The REEF Act is a bipartisan bill that will end an out-of-date tax on Railroad Retirement Board benefits awarded to rail employees who are furloughed or medically out of service.

Vance and fellow Ohio Sen. Sherrod Brown are with us and continue to strategize with SMART-TD on ways to build support for the RSA and REEF Acts.

America’s largest railroad union leaves a lasting impression

Following the successes of the day’s events, NLD Hynes expressed his gratitude to the army of SMART-TD leaders who made the trip.

“These men and women went above and beyond the call of duty to be here today. Because of them, we had a fantastic show of force in the halls of Congress. The validity of our issues speaks for itself, but when leaders from these different states show up to meet with their congressional and senate delegations, it makes an impact on these lawmakers,” he said. “They hear from Jared Cassity and me all the time, but when someone from home comes to meet with them in D.C., it puts a face to our issues in a unique way.

“I want to thank each one of them for making the effort to come out this year. With your help, we will deliver on the promise of the Railway Safety Act, the REEF Act, and all the issues that speak to the quality of life our members deserve and the dignity of the work they do each day.”

The Rail Workers Hazardous Materials Training Program has opened registration for its next four installments of hazmat/chemical emergency response training in Houston.

This training addresses OSHA- and DOT-required training in addition to procedures, different levels of response and worker protection in a hazardous materials emergency or release, weapons of mass destruction awareness and the incident command system.

The trainings are scheduled for the following dates at the Houston Fire Academy’s Val Jahnke Training Facility, 8030 Braniff Street, Houston, TX 77061:

  • Oct. 13-18, 2024
  • Jan. 12-17, 2025
  • Feb. 16-21, 2025
  • March 16-21, 2025

The Rail Workers Hazardous Materials Training Program is funded to provide this training by a federal grant from the National Institute of Environmental Health Sciences (NIEHS). The funding provides the following student expenses: travel, lodging and meals. In addition, an incentive of $175 per day is available to all training participants of these programs, except those who are able to secure regular pay through their employer, or are paid union officers.

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Follow this link to register online.

For more information, call 202-624-6963 from 9 a.m. to 5 p.m. Eastern, Monday through Friday.

Amtrak General Chairpersons Francis Ariola (GO 663) and Rick Pauli (GO 769) are happy to announce a new tentative agreement with Amtrak. Ariola and Pauli’s committees represent over 2,100 Amtrak employees.

The seven-year tentative agreement includes:

  • A substantial general wage increase.
    • Short crew payments are included.
    • Retroactive to July 1, 2022.
  • Substantial paid parental leave.
  • Martin Luther King Jr. Day as a paid holiday.
  • Bereavement pay includes 3 workdays instead of 3 consecutive days off.
  • Overtime for employees who are on 3- and 4-day yard assignments on their relief days.
  • Increased training pay.
  • Compensation for deadheading to classes.
  • Increased new hire training per diem.
  • Increased conductor certification pay.
  • Pay protection for emergency annulments.
  • Dropped the “90% of the 75% and 80%” when working in the yard.
  • Current employees can keep AmPlan I health coverage.
  • Increased away-from-home expenses.

Details of the agreement will go out to the membership for ratification within the next few weeks. The balloting process will be conducted by TrueBallot, Inc.

UPDATE (Aug. 23, 2024): The Canadian government acted to intervene in the rail dispute in Canada the evening of Aug. 22. We are continuing to monitor the situation and will update our guidance to members as time passes.

As many of you are aware, a significant situation is unfolding across our northern border. It’s important for all SMART Transportation Division members to understand what this means and how it could impact us.

Solidarity with our Canadian brothers and sisters

SMART-TD stands firmly in solidarity with our Canadian colleagues who are working to negotiate an equitable agreement. We recognize the challenges they are enduring and support their fight for fair working conditions. Our Canadian brothers and sisters are standing firm, and we are committed to supporting their cause.

Current impact and future risks

At this time, major disruptions to American rail traffic have not occurred. However, this situation has the potential to impact our operations significantly if the flow of freight between the U.S. and Canada is interrupted for a long period as the result of a labor dispute. Rail’s busiest season is just around the corner, and any ongoing disruption could lead to delays and logistical challenges for us.

The Aug. 22 lockout

Canadian rail carriers chose to implement a work stoppage while grain is still in the fields and before the holiday rush for commercial goods. This timing is likely aimed at minimizing complications related to the movement of these critical commodities during peak periods. The Canadian government intervened, and rail labor in Canada has announced its intention to strike. The situation is very fluid and can change quickly, as it did hours after the lockout was announced Aug. 22.

What we can do

As members of SMART-TD, it is essential for us to stay informed about the situation and to support our Canadian colleagues. We need to be vigilant and prepared for any potential impacts on our own operations and advocate for a resolution that respects workers’ rights and ensures fair treatment across the industry.

For SMART-TD members who interchange with Canadian railroads at our national border, it is important to remember your rights in this situation. SMART-TD’s office wants all our crews to be fully aware of their rights to abstain from duties that jeopardize their safety. In the event that you encounter a picket line, Section 92 of Article 21B in the SMART Constitution states that “When a strike of any other nationally recognized labor organization is in effect and danger to the safety of our members exists in or about the area affected by the strike, and/or if there exists any substantial present or potential threat of danger to the members en route to or from their work, and/or to the members’ families, it is the policy of SMART to support its members in declining to enter the territory directly affected.”

If you are ordered to perform duties that include crossing a picket line that puts your safety at risk, you must immediately inform management that you are not willing to do so., You should then inform your local chairperson and give them a detailed explanation of the series of events.

In solidarity, we will continue to monitor the situation closely and update you on any developments. Let’s remain united and proactive, ready to address any challenges that may arise from this lockout.

Thank you for your continued support and commitment..

— SMART Transportation Division

JACKSONVILLE, Fla. (Aug. 21, 2024) — SMART Transportation Division negotiators have reached a tentative agreement with CSX that would provide raises and improvements in paid vacation and health care if ratified by members.

The new five-year agreement will be put in front of TD members working in CSX’s Northern Mid-Atlantic District for a vote. SMART-TD’s GO 049 encompasses the former Baltimore & Ohio (B&O), former Conrail and former Pan Am and is led by General Chairperson Rick Lee.

“It’s refreshing to see that we are finally advancing in transparency and fruitful negotiations with CSX to address the issues at hand. Class I rail carriers traditionally stick together, play games with us and basically try to wait us out to uncertainty before offering any beneficial agreement changes that we seek, if they offer anything at all,” GC Lee said. “However, in order to get ahead of the potential situation like we went through in the 2020 rounds of bargaining that led to a PEB in 2022, SMART-TD GO 049 knew it was in the best interest of our members to avoid this potential circus in 2025 and engaged in early discussions prior to the actual contract moratorium deadline to test the waters.

“To that effect, as other discussions on national bargaining items quickly broke down, we were pleased to find that CSX CEO Joe Hinrichs and his team at CSX were willing to step up to the plate and not play games.

“Based on our advanced focus and collaborative efforts in an attempt to not delay pay raises and enhance benefits to those we represent, the tentative agreement (TA) reached with CSX today will not only allow our members to enjoy increases in their paychecks and significant AFHT meal reimbursements, but they will also enjoy distinct improvements to their quality of life with guaranteed vacation for new hires and accelerated vacation accrual for others with more seniority. Additionally, we were able to provide H&W benefit enhancements that our members have been seeking for many years.

“All in all, I’m very proud of the work of my team here at GO 049 has done to secure this agreement. If the TA is ratified, we will be able to avoid the projected multiple years of uncertainty and frustration, which falls into the ‘plus’ column alone.”

SMART-TD will release details about the tentative agreement to members as the choice is considered whether to ratify the tentative agreement. Terms include average wage increases of 3.5% per year over five years. Other details about improvements in paid vacation and health care will be provided in the near future.

GC Lee and his negotiating team for GO 049 was assisted by TD Vice President Jamie Modesitt in the negotiations.

The announcement of the tentative agreement comes months before the current National Railroad Agreement that took effect in late 2022 becomes amendable for the large U.S. rail carriers.

“I want to recognize the labor leaders who have stepped up to serve the best interests of their members and our employees in getting these historic deals done well in advance of their contracts even coming open for negotiation,” said Joe Hinrichs, president and chief executive officer. “CSX and our labor partners understand our employees don’t want to wait several years for their next pay raise. We thank the organizations for working with us to demonstrate that our ONE CSX culture and values aren’t just words, they are our collective path forward to an improved experience for both our employees and customers. We have also reached out to our other labor partners and look forward to promptly reaching agreements for all CSX union employees patterned on these same terms.”

CSX also announced on the same day that it reached tentative agreements with the Transportation Communications Union (TCU), the Brotherhood of Railway Carmen (BRC).

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SMART Transportation Division is the biggest rail union in the United States comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. Media contact: news_TD@smart-union.org.

The U.S. Senate has not forgotten its role in holding the big railroads accountable.

Maria Cantwell, the senator who heads the Committee on Commerce, Science and Transportation, confronted Union Pacific boss Beth Whited over an aborted safety review in a letter to the carrier.

The Federal Railroad Administration had to cancel the study this spring after they discovered UP coached their employees on how to respond to investigators. The railroad’s obstruction did not stop there, as they continued to drag their feet on providing answers.

Sen. Cantwell has now demanded all communications related to the aborted safety review. Cantwell gave the carrier until Aug. 9 to deliver.

Union Pacific should focus on safety instead of playing games

Cantwell noted in her letter that UP is going in the wrong direction regarding safety with a higher-than-average derailment rate than other Class I railroads.

Everyone at the SMART-TD railroad union, along with Sen. Cantwell, is very interested in hearing what UP has to say about why they felt the need to mislead the FRA, and what Whited and her company are doing to deliver meaningful safety measures.

Ms. Whited, we’re all ears.

Read Sen. Cantwell’s letter below

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