For decades, Warren Buffett has reigned as one of the most-recognizable brands in American business. He leads BNSF’s parent company, Berkshire Hathaway Inc., and his decisions play a large role in the direction of the rail industry.

Buffett and Berkshire’s reach extends into industries all over the globe. It influences many common U.S. business sectors, from insurance, real estate, and the energy sector down to jewelry stores and the groceries we buy labeled Kraft or Heinz.

It is easy to understand why the alleged “Oracle of Omaha” and his annual letter to investors is widely read. His words are embraced by the owning class, who dream of hoarding even a fraction of Buffett’s great fortune. This year, Buffett complained in great detail about BNSF as well as railroading in general.

First and foremost, Buffett expressed his disappointment that BNSF’s revenue and profits fell last year. He also noted that our new contract provided raises that were “far beyond the country’s inflation goals.”

Nobody in the SMART Transportation Division is regularly found in Forbes or Fortune magazine. Still, our interpretation of his letter is that, in his billionaire opinion, the raises our members earned in the 2022 National Agreement were “too much” and that what it did to Berkshire Hathaway’s stockholders was “disappointing” because they — the ownership — deserved more.

Let’s be crystal clear, his statement never stated that BNSF lost money. His disappointment is that an overdue raise for the people who actually do the work cut into the obscene amount of profit they wanted to make. The 92-year-old billionaire, sadly, did not make as much off workers’ backs as predicted.

SMART-TD will not apologize to Buffett or anyone else on Wall Street for our men and women getting paid what they have rightfully earned while keeping this nation’s economy humming.

He went on to describe how BNSF’s profit margins have fallen relative to the other Class I railroads and promised that these “margin comparisons can and should improve.”

Maybe that’s why he decided to have BNSF cut the jobs of maintenance workers, pipe fitters and other unionized workers across the railroad. These men and women many with mouths to feed, were shown the door the VERY WEEK after his public-facing letter.

Our union hears this loud and clear. If the profits being returned to the stockholders are disappointing, the answer for Berkshire Hathaway and BNSF obviously isn’t for the company to try harder to grow, to earn new business, or expand its relationship with the customers they have; it is to increase the operating (Profit) ratios. The easiest and most-expedient way to do that is to start handing out pink slips and furloughs because the executives and shareholders MUST get theirs first and foremost.

We know what it looks like when railroad-owning hedge funds start managing railroads based on operating ratios and profit margins. Safety goes out the window, trains get longer, brake inspections get rushed, extra boards get smaller, PO days get canceled, maintenance workers are axed. Life gets harder at home and more hazardous for those on the job.

If Berkshire Hathaway’s profit isn’t growing fast enough, the executive perspective is it’s far cheaper to buy additional whips than to add more horses to the team. This is the same mentality used by Wall Street to run our industry into the ground since 2017.

Buffett went on to discuss the work conditions that our members/his employees face. He discussed how he works in an “always-comfortable office” while railroaders are doing their work in harsh winter conditions that are both “tiring and dangerous.” If these are actual concerns he holds, SMART-TD and our General Chairpersons would be happy to discuss more structured rest schedules, the end to BNSF’s ridiculous “Hi-Viz” attendance policy, as well as the implementation of the many safety protocols and redundancies our union has long advocated.

Additionally, if Buffett and Berkshire Hathaway’s upper management are truthfully concerned with the level of danger for their employees, they could follow Norfolk Southern’s lead and join the Confidential Close Call Reporting (C3RS) program as the FRA, NASA, and the Department of Transportation have been suggesting. This way, they can enable the safety benefits for their employees that other railroads have realized by participating in this program. It’d be preferable to going down the dangerous path of crew-size reductions and automation.

Along those same lines, another change Buffett and BNSF CEO Katie Farmer could make for safety is not to follow through on the planned job cuts for workers in the nation’s heartland.

Cutting 362 jobs in crafts charged with inspections, safety compliance, and making pivotal repairs to the tracks and rolling stock does not square with any concern expressed for worker safety. It does line up roughly 100% with the OTHER comments made about easing the “disappointment” of Berkshire’s stockholders. Buffett’s letter also laments that “a growing percentage of Americans are not looking for the difficult, and often lonely employment conditions inherent in some rail operations.”

Why would Buffett help fund the fight against two-person crew regulations if he is so worried about this aspect of our lives?

Until Buffett and the machine at Berkshire Hathaway Inc., as well as the rest of the rail executives and their all-important stockholders, are ready to address workers’ issues in a serious, thoughtful way, the hard-working people represented by SMART-TD would appreciate it if they didn’t use the crosses we bear to shield themselves in their “always-comfortable offices.”

It is inappropriate to hide behind the dangers and hardships we endure on your behalf; hardships we tolerate for the good of our families, to gain wiggle room with stockholders who aren’t happy with the size of your dividend check. As a reminder, you and your fellow shareholders make money because of us, not in spite of us, even though the Association of American Railroads claimed otherwise in 2022 that “Labor Does Not Contribute to Profits.”

We are exploited enough in our day-to-day duties at BNSF and the other big railroads with inflexible attendance policies and a desire to place profitability over safety and humanity. You have no right to use our hardships to justify anything to the stockholders. You have no right to twist the worst aspects of our lives into a justification for a recommitment to longer trains, more grueling schedules, and a diminished commitment to appropriate staffing and safety. We resent the manipulation of your backhanded compliments on our toughness and ability to overcome our job conditions despite your lack of actual assistance.

Mr. Buffett, you have done nothing in this letter but show that the owning class believes in its own story that what they do in the comfort of their own office matters more than what happens where the boots hit the ballast, at all hours of the day and night and types of weather.

How can you justify telling the world that an overdue pay raise is problematic for stock dividends while you also use our lifestyle to hijack any empathy the public has for us to benefit you and your multi-billion-dollar conglomerate?

Railroaders are used to having their primary meal for the day come off the roller grill at a gas station, but even we can’t swallow this much hot garbage.

SMART-TD is not a publicly traded, market-driven organization. We don’t pretend to understand the motivations that led to this addition to your “Letter to Investors,” although we can speculate. We do, however, know railroading. One phrase you hear when conflicts arise in crew rooms that might be good advice — “Keep my name out of your mouth.”

Until Berkshire Hathaway, BNSF, and Buffett are willing to address the core quality-of-life issues on their railroad and put the people who do the work first, rather than using them as corporate propaganda, it would be wise to adhere to this invaluable wisdom.

SMART-TD Kentucky State Legislative Board | CSX & Norfolk Southern

The push for safer railroads in Kentucky has rolled out with the introduction of legislation requiring two-person freight train crews in both chambers of the state Legislature. SMART-TD Kentucky State Legislative Director (SLD) Jeff Mitchell’s crucial bill is gaining broad bipartisan support. Mitchell and SMART-TD urge all Kentucky members to contact their legislators and express their support for House Bill 33 (HB 33) and Senate Bill 47 (SB 47).  

FOLLOW THIS LINK to send a message to your representatives in Frankfort. You can choose from a prewritten letter or write your own. Do your part for rail safety in Kentucky and preserve safety and railroad jobs for generations to come. 

“Kentucky legislators are not used to getting large amounts of support from organized labor. If we can flood their inboxes with messages letting them know how this affects us and the towns we roll through, it won’t be something they’re going to forget,” said Mitchell. HB 33 already has been scheduled for a hearing in the House Transportation Committee in early March, so it’s urgent to show our support for this critical bill. 

HB 33 and SB 47 have garnered strong backing from both sides of the aisle.The House version has broad support; lead sponsor Kevin Bratcher (R) is joined by three fellow Republicans as well as three Democrats. Sens. Greg Elkins (R-28th Dist.) and Robin Webb (D-18th Dist.) are sponsoring the bill in the Senate. 

“When my legislative board and I began this process, we decided early on that we needed to keep party and politics out of this issue,” says Brother Mitchell. “We found partners in Frankfort on both sides of the aisle who could understand our members’ concerns and wanted to do right by them. Having a D or an R behind their name didn’t dictate whether they could picture coming around a curve on the side of a mountain with three miles of mixed freight pushing them, or if they thought having a second pair of eyes in the cab with a different angle of the signal was a safety feature worth keeping.”  

Kentucky is the newest battleground in the larger war for mandatory two-person crews. As of right now, our union is staying on the offensive. In 2024 alone, SMART-TD has already seen two states progress with 2PC legislation. Kentucky’s bill is being heard in committee this week, and Virginia’s 2-PC bill has passed through both chambers and is awaiting signature by that state’s governor. 

Please be part of this momentum by sending your message to your state senator and your state house representative. 

As a direct result of the powerful message we’ve sent to two state legislators and the work by Oklahoma’s State Legislative Board, a two-person rail crew bill will be heard in the House of Representatives’ transportation committee.

Yet H.B. 1075 needs your continued help to progress through the legislative process. Please continue to encourage the Transportation Committee chairpersons in the state House and Senate to move on this critical rail safety legislation by following the link in the email all Oklahoma members recieved from Brother Pense.

Our hearing for House Bill 1075 is Tuesday, February 27. There, SMART-TD Oklahoma State Legislative Director Kyle Pense and the sponsor of the bill, Rep. Ken Luttrell (R 37th Dist.), will have the opportunity to speak our truth to power.

Oklahoma State Legislative Director Kyle Pense

Oklahoma members continue to play a significant role in applying needed political pressure to push 2PC through the process. This month, Brother Pense sent out a call to action to our Oklahoma members, and they answered. SMART-TD members, their friends and family have emailed and sent numerous messages supporting 2PC. These strategically chosen targets received roughly 120 emails each from Oklahoma residents. 

“We don’t have the deep pockets of UP, BNSF, and CPKC,” SLD Pense said. “We are pushing this 2PC bill by pounding the steps at the state House.”

Brother Pense took over as Oklahoma’s State SLD in 2020. He and his legislative board have been relentlessly knocking on office doors at the capitol building in Oklahoma City ever since. After four years, more of those doors are opening now than ever before.

This is not the first time 2PC has been introduced in Oklahoma. It is the first time this union has shown our bottom-up strength of member outreach in this state House. The results are in. You are being heard. Your messages and the cumulative gains made have put this year’s effort in a better position to become law than it has in years prior. Please continue the momentum!

SMART Transportation Division began a new era in rail safety and worker protection by working with Norfolk Southern to accept and act on anonymous safety reports.

How it Works

The one-year pilot program, called the Close Call Reporting System (C3RS), is similar to one airline personnel use to hold their airlines accountable. Rail workers will share safety concerns through a secure website. NASA, acting as an independent party, will organize, anonymize and share the reports with the FRA. Under FRA guidance, improvements will be made by a joint committee including SMART-TD representatives, other rail labor and Norfolk Southern management.

As SMART Transportation Division President Jeremy R. Ferguson observes at left, General Chairperson Thomas Gholson signs the memorandum of understanding establishing the C3RS pilot program with Norfolk Southern.

A Long Time Coming

C3RS first came to the rail industry in 2007 when SMART-TD predecessor UTU and Union Pacific participated in an early version, running until 2013. They piloted the system in Bailey Yard, North Platte, Nebraska, the largest rail yard in the world. The program was highly successful; it increased safety, reduced critical incidents and rule violations. The program also greatly reduced employee discipline. Other Class III and passenger rail carriers began to benefit from the system around the same time.

The program requires voluntary agreement among the rail carrier, labor and the federal government. Despite the program’s success, UP refused to renew the program, effectively killing it. SMART-TD has engaged in an ongoing effort to reintroduce the program at all Class I carriers.

We Have Only Begun to Fight

After our 17-year effort, Norfolk Southern has decided to take the lead on rail safety and this C3RS agreement shows that CEO Alan Shaw is serious in his commitment to making NS the safest railroad by partnering with rail labor. SMART-TD President Ferguson, and General Chairpersons Tommy Gholson, James Ball, David Phillips, Dan Weir and Joe Borders began making real progress with NS executives in 2023, resulting in a signed agreement on February 15, 2024.

“For years we’ve watched the successes of the several short lines that have practiced under C3RS and because of that, for years, we’ve long been advocates,” said Gholson, who was instrumental in negotiating the pilot program.

Gholson also praised the efforts of the four other general chairpersons for their roles in constructing the C3RS framework. Alt. National Legislative Director Jared Cassity provided leadership by being a facilitator in the process and coordinating with the FRA.

SMART-TD: Out in Front

In a speech soon after the agreement’s signing, SMART-TD President Jeremy Ferguson said: “Rail labor has been out in front since the beginning. We have always advocated for the right to have a protected avenue to report safety concerns and injuries without fear of harassment, intimidation, or retribution.

“For far too long, this nation’s rail carriers have been complacent with their approach to safety. Obviously, this is something that can’t be reversed overnight, but we are hopeful that the corrective process can begin with a program like C3RS.

“There is no higher priority for SMART TD or the workers we represent than safety, not just for their own welfare but also for the communities in which they operate.”

Parliamentary procedures between the two chambers of the Virginia Legislature concluded Tuesday, and a two-person crew bill now awaits the governor’s signature.

“It was a big day and a big win in our state for rail safety for the public and the men and women who work on the railroad in Virginia,” Virginia State Legislative Director Ronnie Hobbs said.

According to Hobbs, the timeline for the governor to take action will progress in one of two ways. If Gov. Glenn Youngkin receives the bill while the Legislature remains in session, he has seven days to sign the bill and then a two-person crew minimum crew size will be the law.

If the bill is submitted to Youngkin after the Legislature concludes its business, Youngkin will have 35 days to act.

“I appreciate all the hard work our members have done — we’ll want one more major push by all of our Virginia SMART members to make sure the governor puts pen to paper to protect the public and workers,” Hobbs said.

Members are encouraged to send a message to Gov. Youngkin through the Legislative Action Center (LAC) letting him know that signing the bill is the correct course of action to keep safe train operations on Virginia’s rails.

The bill was supported by state Delegate Shelly Simonds in the House and state Sen. Jennifer Carroll Foy in the Senate.

SMART-TD promotes hazardous material response training in Houston

This article was contributed by Johnny Walker, SMART-TD Local 610’s legislative representative.

Rail conductors and all other crafts have a role to play in the event of a derailment or accident. In these situations, conductors are first on the scene. But unfortunately the vast majority of our people have limited, if any, training on how to triage these scenes when hazardous materials are involved. The SMART Transportation Division is engaged in closing this training gap by giving our members the tools they need to make them and their colleagues safer. 

Started in 1990 with funds from the National Institute of Environmental Health Sciences (NIEHS) and cooperation by nine rail union affiliates, the Rail Workers Hazardous Materials Training program (RWHMT) fills a much-needed gap in hazmat and first-responder training for rail workers nationwide. Since its founding, the RWHMT has trained over 27,000 railroad workers with courses that address the requirements of OSHA 1910.120 and DOT’s hazardous materials regulations (49 CFR, Part 172, Subpart H). Due to its success in 2008, the RWHMT has received additional funding from the U.S. Department of Transportation to conduct hazardous material instructor training courses, making it possible for more comprehensive courses and additional opportunities for railroad workers to attend.

Although FRA and OSHA share jurisdiction in regulating railroad worker safety and health conditions on property, railroaders do not have the same access to quality, comprehensive basic health and welfare or hazmat training as workers in many other industries. This is where the RWHMT comes in. 

“Training is vital because we don’t just rise up to the occasion; we fall to our level of training. We need to meet the 40-hour requirement in this limited amount of time to give the participants their certifications with the maximum amount of information and training, and we’re already behind the clock before our class starts.” 

Instructor Chad Yokoyama, SMART-TD Local 113

The course is no typical union convention or employer-mandated training. It is 100% paid for through grants, so there is no out-of-pocket cost to participants and a small stipend for lost work. Program  participants can expect from the moment they arrive in Texas, a week-long intensive course, which includes classroom and field training at the Houston Fire Department Val Jahnke Training Facility. It is also not a pass-fail job-dependent training; it is fun and factual, ensuring participants can return to their terminals with new knowledge and information gained in a comfortable stress-free, open union environment. 

Scenarios based on real events with group training modules determine what class participants know and what they should know when it comes to possible real-life situations they might encounter. As we have seen in East Palestine, Ohio, and other instances, when it hits the fan, it’s not time to come up with a plan. Rail workers need to fall back on our level of training, which the railroads do not always provide. 

After the initial classroom training, participants get the opportunity to don self-contained breathing apparatus (SCBA) and other more-intensive hazardous materials PPE, performing mock disaster scenarios to obtain a sense of what happens during and after such an incident. 

While participants will not have the opportunity to fight a fire or clean up an actual spill, they do experience some of the same training that fire academy recruits go through by being able to go through an escape house and watching a controlled hazardous materials burn involving a train that hit a school bus. During the controlled burn, instructors demonstrate the actual training for firefighter recruits through the use of controlled propane lines and static field instruction tools that mimick a real-life scenario. Our members will watch this scenario while speaking to real firefighters, creating conversations on how we can protect the community together. Railroaders are reminded that we are the first responders and can help mitigate life-and-death situations through training and knowledge, always reminding everyone not to exceed their level of training. While we are not Johnny Gage from the old show “Emergency!” or superheroes, we do need to ensure our own safety so that others will benefit from our training and knowledge. 

Another benefit of this training is that it is not railroad- or union-specific; a CSX BMWED member can attend it together with a TCU Amtrak member. We see that we all face the same issues and develop new solutions together. As we have seen in the recent coalition bargaining, we have more power in numbers while working together. We get a chance to talk to and ask questions to other crafts without prying company eyes or delaying our jobs. Instructors and guest speakers from various crafts, agencies and unions, along with the training scenarios, provide opportunities to ask other crafts and railroads what the protocol and FRA rules are versus what we may do daily. This way, participants can return with the knowledge to our terminals or crafts to create a better, safer working environment.

Michael Mrazik, of SMART-TD Local 610 in Baltimore, who attended the training with me, said it best: “I attended to gain ammunition for my arsenal of knowledge, and this course did not disappoint.” 

As Local 610’s legislative representative, I was impressed with the training. Many railroads’ in-house trainings might not cover topics as in-depth at these sessions, but the carriers would certainly punish them if they did not know it. 

Participants remarked that before this course, they knew the type of hazardous materials they were hauling, and that was it. They knew it was dangerous but never focused on what the dangers and health risks were. Nor did they realize how often they are around these dangers, even at home. Because of this training, if they ever come across a situation, they will know the dangers, signs, and symptoms and not become another casualty when a possible tragedy unfolds.

Participants receive certificates and an OSHA 10 card proving that they are educated and have the tools to protect our membership and the communities they live and serve in after completing the training. After three years, they have the opportunity to come back to polish their skills and retake the updated course. 

The first time I took this course, I was able to help our members, other workers, and contractors on site when our customer wanted us to follow OSHA standards, which were more stringent than our railroad rules. Because of this course, I knew to look at the safety equipment and ask for the training materials, only to find out these were grossly outdated and unserviceable. Even though the customer was forced to correct these issues, they were happy to update their equipment and implement the OSHA requirements, especially when they tried to no longer hold us to OSHA standards because I found deficiencies. We were happy to oblige, but if we didn’t follow these standards after being informed about the dangers, we would be responsible, and we are not going to put our membership at risk; SMART can’t and will not look the other way. 

Other past participants have remarked that this training has protected and saved members’ jobs because they had the tools and knowledge to hold employers accountable for safety violations. There is no excuse for anyone working in dangerous environments not to have access to the knowledge and proper materials to complete their jobs and come home safely. Many employers say that they train and act accordingly in various situations only to find out when it’s too late that the training and the actions were insufficient. 

While it will always take a joint partnership between the railroads and unions to make our operations safer for the communities in which we live and work, the Rail Workers Hazardous Materials Training Program and our unions continue to work tirelessly to pick up the slack, provide education and fight for legislation with safety in mind.

Johnny Walker is the legislative representative for SMART Transportation Division Local 610 in Baltimore, Md.

Joint pilot program encourages railroaders to confidentially report safety concerns

SMART Transportation Division officers flank TD President Jeremy R. Ferguson (center), NS CEO Alan Shaw (left of Ferguson) and FRA Administrator Amit Bose (right of Ferguson) at Thursday’s signing ceremony in Atlanta.

ATLANTA (February 15, 2024) – Norfolk Southern Corporation (NYSE: NSC), the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) along with the Federal Railroad Administration (FRA), signed an agreement Thursday to participate in the FRA’s Confidential Close Call Reporting System (C3RS).

The signing ceremony was held at the Atlanta offices of the U.S. Department of Transportation. With attendees from Norfolk Southern, the unions and FRA leadership, the ceremony officially kicked off the one-year partnership.

Norfolk Southern is the only Class I railroad participant in the program, which the company committed to in 2023. As part of the C3RS pilot program, covered Norfolk Southern employees can report safety concerns confidentially.

Railroaders at the company’s Atlanta; Elkhart, Indiana; and Roanoke, Virginia locations will participate in the pilot. Reports will be reviewed by a joint committee composed of Norfolk Southern and labor representatives, who will identify and implement safety improvements with the FRA’s guidance.


About Norfolk Southern
Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have safely moved the goods and materials that drive the U.S. economy.

Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid approximately 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and Norfolk Southern originates more automotive traffic than any
other Class I Railroad. Norfolk Southern also has the most extensive intermodal network in the eastern U.S. It serves a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as to major ports in the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.
Media Inquiries: media.relations@nscorp.com

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

About BLET
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 51,500 professional locomotive engineers and trainmen throughout the United States employed in both freight and passenger rail. Founded in 1863, BLET is the oldest union in the United States. The BLET also is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The Federal Railroad Administration’s Office of Railroad Safety issued the following bulletin on Feb. 13, 2024, in response to an industry fatality earlier this year. The text is reproduced below:


The Federal Railroad Administration (FRA) is investigating an accident that resulted in fatal injuries to a locomotive engineer during yard switching operations.

At the time of the accident, the fatally injured engineer, who had approximately 30 years of experience, was operating a locomotive on the east side of the yard and working with a conductor and brakeman to switch cars. Another crew was switching cars on the west side of the yard and had set out 35 cars.

At some point, those 35 cars from the west side of the yard track rolled uncontrolled towards the east, colliding with the locomotive, occupied by the engineer, that was located on the east yard
track switching lead. The collision ejected the engineer from the locomotive cab and the engineer succumbed to his injuries.

Although FRA’s investigation into this accident is ongoing, FRA is issuing this bulletin to remind railroads and railroad employees of the importance of ensuring rolling equipment is properly secured at all times, including ensuring:

  1. Employees understand the importance of complying with railroad rules for securement of
    rolling equipment;
  2. Railroads provide employees adequate training on railroad operating rules and procedures
    for proper securement of rolling equipment;
  3. Railroads provide employees appropriate periodic oversight of compliance with railroad
    operating rules and procedures for proper securement of rolling equipment;
  4. Railroads empower employees to seek immediate clarification of any safety rule,
    including rules related to the securement of equipment; and
  5. Railroads remind employees of the dangers associated with improperly secured rolling
    equipment.

The purpose of this Safety Bulletin, which is informal in nature, is to ensure the railroad industry, including railroad employees, are aware of this recent accident that resulted in a fatality of an employee. As FRA completes its investigation, it may take additional actions with respect to this accident.

For further information, please contact John Mayser, Operating Practices Specialist, at john.mayser@dot.gov or (202) 493-8008.

Issued: February 13, 2024


This bulletin is available below as a printable PDF.


Remember to use the union’s Safety Condition Report either through the website or the SMART app to alert officers to concerns about your property. Railroad workers who experience difficulty with Positive Train Control are also encouraged to fill out a Technology Event Report.

Rail safety legislation championed by the SMART Transportation Division’s Virginia State Legislative Board is on the cusp of landing on Gov. Glenn Youngkin’s desk.

The Virginia House on Wednesday followed the lead of the state’s Senate earlier passage of the two-person crew bill this week. Once it has gone through parliamentary procedures, it’ll be off to the governor’s desk.

“Members showed up, and the groundwork we did with legislators in both chambers worked wonders in making this crew-size bill a success in the Legislature,” Virginia State Legislative Director Ronnie Hobbs said. “We’re just one signature away from maintaining current safe operating procedures on our state’s rails.”

Amendments made through the legislative review process reduced the scope of the bill. It had been initiated with provisions regarding train length and other safety matters.

The bill was supported by state Delegate Shelly Simonds in the House and state Sen. Jennifer Carroll Foy in the Senate.

Joint safety initiative provides employees confidential forum to report safety issues  

ATLANTA and INDEPENDENCE, OH (January 29, 2024) —  Norfolk Southern Corporation (NYSE: NSC), the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD), and the Brotherhood of Locomotive Engineers and Trainmen (BLET), in partnership with the Federal Railroad Administration (FRA), announced Monday their joint participation in an FRA Confidential Close Call Reporting System (C3RS) pilot program designed to enhance railroad safety. 

“NS is proud to partner with our labor leaders and FRA to make another industry-leading advancement in safety,” said Alan H. Shaw, Norfolk Southern President and CEO.  “We are committed to setting the gold standard for rail safety, and we are proud to be the first Class I railroad to deliver on our promise to co-develop and launch a C3RS program.” 

Under the one-year C3RS pilot, covered NS employees can report safety concerns with the certainty that such reports will not result in discipline. NASA will deidentify data and provide it for review by a joint committee of NS and labor representatives, who, with FRA’s guidance, will identify and implement corrective actions to improve safety. 

“This is huge step forward for the safety of our brothers and sisters at Norfolk Southern,” said SMART-TD President Jeremy Ferguson. “SMART-TD has been a long-time champion of C3RS, and this new program will allow our members to speak up when they see unsafe conditions without fear of negative repercussions. I would like to thank General Chairpersons James Ball, Joe Borders, Tommy Gholson, David Phillips, and Dan Weir for their unwavering commitment to bringing C3RS to their members.” 

“It should be the goal of everyone who works in the railroad industry to continually improve safety,” said BLET National President Eddie Hall. “Providing a confidential platform to report unsafe practices allows us to harness the power of every worker’s voice. NS and its CEO, Alan Shaw, should be applauded for taking this step. I hope that this will become a model for other Class I freight railroads.” Added Hall, “I also would like to commend the leadership shown by General Chairmen Scott Bunten, Dewayne Dehart, and Jerry Sturdivant who helped make this happen by negotiating on behalf of our NS members.” 

Participation in this C3RS pilot underscores NS, SMART-TD and BLET’s shared belief that collaboration and transparency are foundational pillars of an effective safety program. Key goals of the C3RS pilot program include: 

  • Collecting currently unreported unsafe practices, behaviors, or situations; 
  • Identifying and implementing corrective actions; and 
  • Sharing general trends and statistics to enhance railroad safety. 

Throughout the program, FRA will provide oversight, guidance, and support to the parties as they analyze safety data and work to effect positive change. 

“FRA’s C3RS program provides a useful industry-wide platform to gather valuable insights from frontline railroad workers when they experience close calls – helping to uncover risks and providing opportunities for railroads and their workers to take actions to prevent serious safety incidents,” said Amit Bose, FRA Administrator. “We appreciate BLET, NS, and SMART-TD’s collaboration on this important partnership, and FRA remains committed to further expanding participation in the C3RS program to advance safety.”

###

About Norfolk Southern 

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have safely moved the goods and materials that drive the U.S. economy. Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid approximately 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and is the largest rail shipper of auto products and metals in North America. Norfolk Southern also has the most extensive intermodal network in the eastern U.S., serving a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com

NS Media Inquiries: Media Relations; NS Investor Inquiries: Luke Nichols 

About the BLET 

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States employed in both freight and passenger rail.  Founded in 1863, BLET is the oldest union in the United States. The BLET also is the founding member of the Rail Conference, International Brotherhood of Teamsters. For more information visit the union’s website at www.BLET.org. 

BLET Media Inquiries: Jamie Horwitz 

About SMART-TD 

SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. More information about the union is available at www.smart-union.org

SMART-TD Media Inquiries: Ben Nagy