Former Vice President Robert “Bob” W. Earley, who served our union’s membership for decades, died June 7, 2022, at Jones Memorial Hospital in Wellsville, N.Y., after a short illness.
Robert Earley
Brother Earley, a member of Local 610 (Baltimore, Md.), began his railroad career in 1963 starting with the B&O Railroad and became an active member of the United Transportation Union. He became secretary of the B&O General Committee in 1981. As he continued his advance in the UTU, he served as a general chairperson and was elected ninth vice president at the seventh quadrennial convention of the United Transportation Union before his retirement in 1999.
During his railroad career, Brother Earley studied the history of railroad labor at Cornell University and furthered his education at the George Meany Center for Computer Studies and Labor Relations. Following his retirement, he maintained a strong connection with his union by donating to its political action committee and as a member of the SMART-TD Alumni Association.
“He will be remembered for his work ethic, generosity and kindness. He loved life and was young at heart,” his family wrote in his obituary.
Brother Earley was married to the former Ann Campbell, who survives. Also surviving are two daughters; a son; eight grandchildren; six great-grandchildren; a brother; and loving nieces and nephews.
There will be no visitation. A memorial celebration will be held at the convenience of the family at a later date.
The SMART Transportation Division offers its sincere condolences to Brother Earley’s family, friends and to those who knew him.
SMART-TD President Jeremy Ferguson’s testimony before the House rail subcommittee: June 14, 2022.
WASHINGTON, D.C. — SMART Transportation Division President Jeremy Ferguson told members of the U.S. House Subcommittee on Railroads, Pipelines and Hazardous Materials June 14 that freight railroads’ unchecked lust for profits is placing the safety of workers and the public at risk while causing further disruption to the nation’s transportation system.
In this photo courtesy National Legislative Director Gregory Hynes, SMART Transportation Division President Jeremy Ferguson prepares to testify June 14 before the U.S. House Rail, Pipelines and Hazardous Materials Subcommittee.
“The rail carriers are hell-bent on risking further injury to their employees as well as the American public and supply chain infrastructure by reducing or eliminating altogether the two crew members that control train movement in the cab of the locomotive,” President Ferguson said after detailing the accidents and injuries suffered by members in the period after he assumed leadership of the union. “Safety is not, nor should it ever be, negotiable.
“I assure you, accidents are occurring on short lines and yard jobs that operate with less than a two-person crew, but the rates and/or trends cannot be identified because the information is not captured,” he said. “In other words, the railroads have no idea what would happen if they reduced crew size, but it’s a gamble they’re willing to take for the sake of satisfying their insatiable appetite of improving their companies’ bottom line.”
Among the perils — a “steady, consistent and frightening trend” of railroads during their adoption of Precision Scheduled Railroading (PSR) of chopping their workforce, lengthening trains and focusing solely on profits at the cost of safety and service, Ferguson said. As a result, institutional knowledge also is walking out the door, leaving what was once “the premier blue-collar job” in the country struggling to find workers thanks to carriers’ adversarial measures toward employees, such as BNSF’s“Hi-Viz” attendance policy.
Statistics show that from 2020 to 2021 accidents and employee injuries both increased, Ferguson said. PSR’s penchant for long trains also has made workers’ jobs more difficult and less safe — increasing in-train forces that complicate train operations and exceeding the working range of hand-held radios. Communities are not immune from the effects as well — blocked crossings have disrupted local traffic patterns and hampered emergency services.
“Make no mistake, it’s railroad greed that I believe that has caused this committee to call us to be here today,” President Ferguson said. “I’m on record saying that the railroad industry is going to end up like Boeing. It’s not just the accidents that I’m referring to. It’s the lack of oversight and concern for the railroads’ constant capitulation to outside pressures that are creating the biggest dangers.
“I am not sounding the alarm here. I am screaming into the bullhorn for help,” he said. “If left unchecked, it’s my members who will end up maimed or killed, and it is America’s supply chain that will end up collapsed.”
Of note, in the panel featuring President Ferguson and other members of rail labor, only a single Republican had a question for the panel President Ferguson was on. It was not directed toward a labor representative.
Others testifying in the first panel Tuesday included FRA Administrator Amit Bose, who spoke on rail worker fatigue, long trains and the effects of PSR on Class I operations, and National Transportation Safety Board Member Thomas Chapman.
Additional witnesses on President Ferguson’s panel included Roy L. Morrison of the Brotherhood of Maintenance of Way Employes Division; Don Grissom of Brotherhood of Railway Carmen Division; TCU/IAM; transportation consultant Grady C. Cothen, Jr.; Nathan Bachman of Loram Technologies; and Norfolk Southern COO Cindy Sanborn who also represented the Association of American Railroads (AAR).
The United Rail Unions issued the following statement June 9, 2022:
The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their third week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.
These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.
The rail unions remain united in their effort to negotiate a fair agreement and stand together in rejecting all proposals that the rail carriers have advanced in our mediation sessions. Our members are the backbone of the rail network and they have earned a contract that recognizes their contributions. None of the carrier proposals to date come close to that; instead the carriers continue to advance proposals that insult the very employees that made their record profits possible.
Enough is enough, the only pathway to resolving this dispute is for the NMB to put forth a proffer of arbitration to move the dispute to the final steps of the Railway Labor Act.
Additional information will be provided as developments warrant. We appreciate your continuing support.
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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).
The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.
Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.
The United Rail Unions issued the following statement June 2, 2022:
The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their second week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.
These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.
In spite of the unions’ best efforts to negotiate a fair agreement, the NCCC and the rail carriers that it represents still refuse to make a comprehensive settlement proposal that our members would even remotely entertain. In fact, the carriers continue to advance proposals that insult the hard-working union members who have carried our nation through the pandemic.
Although all of the involved unions would prefer to reach a voluntary agreement, it has become quite clear at this point that the rail carriers will not bargain in good faith to that end. For that reason, all of the involved rail unions are again requesting that the NMB put forth a proffer of arbitration to move our contract dispute through the remaining steps of the Railway Labor Act.
Additional information will be provided as developments warrant. We appreciate your continuing support.
The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).
The Brotherhood of Maintenance of Way Employes Division (BMWED) and SMART Mechanical Division (SMART-MD) are also bargaining as a coalition.
Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.
The two-person crew bills introduced in New York state, Assembly Bill 1287B and Senate Bill 3953B, have passed both chambers of the state Legislature as of Tuesday, May 31. Both bills have been combined into Senate Bill 3953 and are now headed to the desk of Gov. Kathy Hochul (D) for signing.
The SMART-TD New York State Legislative Board urges all SMART members in the state to contact Governor Hochul and tell her to sign the two-person crew bill – Senate Bill 3953 — into law.
“We need our members to contact the governor’s office, urging her to sign the bill so we can wrap this effort up,” TD N.Y. State Legislative Director Sam Nasca said. “This is a big accomplishment, and a lot of effort went into this by a lot of members and others, which I want to offer my deepest thanks.”
A 1996 graduate of Marlington High School in Alliance, Ohio, Brother O’Brien was a member of the Louisville Baptist Temple, the Civil Air Patrol, the NRA and was a part of his high school wrestling team. He enjoyed skydiving, going to shooting ranges and spending time with his dog and family.
A 23-year member of CSX Local 1374, Brother O’Brien was both a certified conductor and engineer.
“I only knew Erik from some phone calls over the years, and he seemed to be a great person,” said GO 049 General Chairperson Rick Lee. “He was a loyal member of UTU/SMART.”
Brother O’Brien is survived by his parents, Daniel and Denise (Boyce) O’Brien; wife, Catherine (Welton); son, Caiden John O’Brien; brother, Shane (Jodi) O’Brien; as well as several nieces, nephews, aunts, uncles, cousins and friends. He was preceded in death by his paternal and maternal grandparents.
A visitation is scheduled Friday, May 27 at the Louisville Baptist Temple, 6565 Columbus Road NE, Louisville, OH 44641, from 4 p.m. to 7 p.m.. A funeral service will be held privately and he will be interred at Fairmount Memorial Park.
A fund has been set up for Erik’s son, Caiden, and checks may be made out and sent to the funeral home with the name Caiden O’Brien in the memo. The funeral home handling the fund is Cassaday-Turkle-Christian Funeral Home, 75 S. Union Ave., Alliance, Ohio 44601. Memorial contributions may also be made to the NRA, 11250 Waples Mill Road, Fairfax, VA 22030 or to Gideons International, P.O. Box 97251, Washington, D.C. 20090.
Members of the SMART Transportation Division and other unionized rail workers came together for a day of protest May 10 outside the North American Rail Shippers (NARS) annual meeting.
Early in the day, SMART TD Kansas State Legislative Director Ty Dragoo, New Mexico State Legislative Director Don Gallegos, TD Auxiliary President Kathryn Seegmiller and many other union members, spouses and supporters spent hours outside and around the Kansas City Marriott Downtown in Kansas City, Mo., to draw attention to Class I carriers’ Precision Scheduled Railroading scheme, BNSF’s “Hi-Viz” attendance policy and the fact that National Rail Contract negotiations are approaching a third year.
“We had people joining in just walking by, people honking showing support as they drove by,” Dragoo said. “We had people from many different Class 1 railroads there, not just BNSF.”
Some of the protesters outside the North American Rail Shipper conference hold signs May 10 in Kansas City. (Photo courtesy Kansas SLD Ty Dragoo)
Dragoo thanked many of the lead organizers of the event, including SMART-TD National Safety Team Alternate Director — East and Kansas State Legislative Secretary Dan Bonawitz (Local 1409, Kansas City, Kan.), Kansas State Alternate Legislative Secretary Mike Scheerer (Local 94, Kansas City, Kan.), Legislative Representative Tim Alexander (Local 1532, Kansas City, Kan.) and Local 1532 Trustee Matt Collins, as well as 1532 member Jason Bluett and member Rodney Sparks of Local 5 (Kansas City, Mo.).
“Dan Bonawitz and his team have done a tremendous job getting the word out. These events are crucial as we wage the war of public opinion in legislatures across the country and congress,” Dragoo said. “Citizens need to know that their communities are in danger not only by reducing crews from a public safety standpoint, but the economic impact that has on communities when good union jobs leave. We will keep the fight up and we won’t back down!”
The demonstration outside the NARS gathering, which was attended by C-suite-level executives from many of the Class I freight railroads, was not the only coordinated demonstration that has taken place.
“The goal of this informational picket was to raise awareness with the public of the BNSF Railway policies that are not only degrading our workforce and harming our families but directly impacting our communities and increasing the cost of goods for all Americans,” he told newspaper reporter Mark DeLap. “The informational picket was also an effort to spotlight how BNSF Railway is directly at fault for the regressive policies causing these hardships.
“We, as families, friends, employees and retirees, have never experienced such an antagonistic approach to a workforce and their employees before,” Knutson said.
SMART TD Local 445 was in attendance at the May 15 rally in Ft. Madison Iowa.
Another rally was hosted by the Lee County Labor Chapter on Sunday, May 15 in Ft. Madison, Iowa. Dozens showed up at the informational protest and a news crew from ABC-affiliate WQAD8 was on hand to interview the protestors about their dissatisfaction with the Class I carriers.
There are two more informational protests scheduled in the greater Chicago area on May 25 and 26.
The first protest will be at the CN Glass Palace on Wednesday, May 25 at 5:30 a.m. Those attending should meet up on the corner of Ashland Ave. and Maple Rd.; or 1657 Maple Rd., Homewood, IL 60430. For more information see the first picture at the end of this post.
The second protest will be Thursday, May 26 at 5:30 a.m. at the Union Pacific Proviso Yard at 5050 W. Lake St., Melrose Park, IL 60160. For more information, see the second picture below.
Additional events will continue to be organized at all levels in order to inform the public and other groups about the concerns of rail workers.
May 27 is the last chance for local officers to book a room for the SMART Transportation Division Regional Training Seminar from June 7 to 10 at the historic St. Anthony Hotel in San Antonio, Texas.
This three-day event is an exciting opportunity for local leadership to engage one on one with union experts and is a true “regional meeting” meant to help fulfill the need for local officer trainings closer to home. The cost for TD local officers to attend the seminar is $50. Registration for the event is through the SMART website.
The seminar includes classes on local governance, the roles of local legislative representatives and local chairpersons in protecting members and on the SMART constitution. The classes are taught by national officers and other subject matter experts associated with SMART-TD.
TD President Jeremy Ferguson also is scheduled to meet attendees during this highly anticipated event in the heart of San Antonio’s downtown within walking district of the city’s Riverwalk and other attractions.
There will be plenty of opportunities to ask questions, share ideas and to build union solidarity.
CLEVELAND, Ohio (May 20, 2022) — The Coordinated Bargaining Coalition (CBC) Rail Labor Unions* are preparing for in-person mediation sessions before the National Mediation Board (NMB) in Washington D.C., May 24-26. The Unions hope this will help to settle their ongoing national contract dispute.
After more than two years of bargaining, which can only be described as unproductive due to the carriers’ refusal to make or accept any worthwhile offers of settlement, negotiations entered the mediation process in January 2022.
“We are determined to keep this process moving as prescribed by the Railway Labor Act,” the CBC Chiefs said in a joint statement. “In recent weeks, the Surface Transportation Board has held hearings to investigate freight rail service meltdowns. Members of Congress from both sides of the aisle have expressed concern about a rail workforce that is understaffed and fatigued. To further raise the public’s concern about these issues, our members have held public protests at shareholders’ meetings. Just as they have failed in their responsibility to transport goods and materials for shippers in a timely manner, the railroads refuse to take the contract negotiating process seriously. Our members deserve better, and they have earned the right to a contract that has substantial wage increases and no concessions to their healthcare coverage.”
Supply-chain disruptions worsened by the so-called Precision Scheduled Railroading (PSR) operating scheme and the carriers’ massive cuts to the labor force have contributed to inflation, empty shelves and higher prices. While Class I railroads continue to reap record profits in the last few years, rail workers who have transported goods and provided services all through the coronavirus pandemic have not seen their wages increase since July 2019.
“If the railroads intend to settle this round of bargaining with a voluntary agreement, as they claim, they must promptly come to the table and meaningfully engage with all of Rail Labor,” the presidents said. “Proper closure of this round of bargaining will not only benefit our hardworking members and their families; it will benefit our entire Nation by helping to alleviate the unprecedented resignations and staffing shortages, which are contributing to rising costs and supply chain issues. The time has come for our Nation’s railroads to be held accountable for their actions, and reconcile the long-term effects of their greed.”
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*The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).
Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.
U.S. Rep. Peter DeFazio delivers his statement on PSR.
“We are at a point of crisis, and we have to deal with that crisis meaningfully,” U.S. House Transportation and Infrastructure Chairman Peter DeFazio (D-Ore.) said. “Freight service in the United States in America, we used to have the best freight rail in the world, is abysmal.
“The evil ghost of Hunter Harrison lives on. The legacy of this man is disgusting, what he did he has addicted the CEOs of the rail industry to watching the ticker on Wall Street and using their resources to benefit their shareholders and not run railroads like railroads.”
DeFazio mentioned an unlikely alliance — shippers, energy and chemical companies, oil companies, big agriculture and rail labor — coalescing as Class Is’ service-averse PSR scheme continues to rake in record profits and benefit shareholders and CEOs.
“We’ve got to act more decisively and more quickly,” DeFazio told the STB members. “We’re going downhill here really quickly. You’re not there to protect the bottom line of these railroads and the CEOs’ bonuses. You’re not there even for the shippers’ bottom line. But are there to make this system work better, keep costs lower and be competitive.
“I want freight railroads to be successful … but that success should be defined by the amount of freight they move across the nation, the amount of greenhouse gas they prevent and the safety of their employees and the communities they traverse. Stock buybacks, dividends can’t be the measure of success for freight rail in this country.”
Surface Transportation Board Chairman Martin Oberman was appointed by President Biden in January 2021 after 29 percent workforce cuts that began before the COVID pandemic’s start — a total of more than 45,000 employees — these cuts can be linked to the current deteriorated service.
Surface Transportation Board Chairman Martin Oberman testifies before the subcommittee on May 12.
“The railroads could not possibly have screwed up this stuff anymore than they are doing on their own. There’s nothing we could do to make it worse right now. It is in terrible shape as has been indicated by members of the committee and at our hearing,” Oberman said. “They’ve cut labor to below the bone, really. They have thousands of locomotives that they’ve mothballed … That’s the big picture. That’s the overview that concerns me most. In order to make up for their shortage of labor, they’re overworking and abusing the workforces they have. Long-term employees are literally leaving. So you’re not only [dealing with] a shortage of workers but you’re losing a tremendous amount of institutional knowledge.
“Rail labor reports particular difficulty directly caused by increased job uncertainty, worsening working conditions and insufficient incentive,” he said. “I am not optimistic about significant improvement in service in the near term.”
The STB’s April 26 hearing resulted in a unanimous rulemaking mandate made days later that Class I carriers be required to detail on-time performance for first- and last-mile service, submit recovery plans and provide frequent updates to the board. A notice of proposed rulemaking also would provide emergency relief for rail customers in urgent need of rail service.
U.S. Rep. Steve Cohen asks about the BNSF “Hi-Viz” policy.
U.S. Rep. Steve Cohen, a Tennessee Democrat, brought up the “Hi-Viz” attendance policy that BNSF enacted in February, noting a letter he received from a 13-year retired veteran engineer that talked about the new challenges the punitive points-based attendance policy had given him in facing his medical challenges.
“Demands on employees have only increased,” Cohen said. “These unreasonable expectations are driving people out of the industry. They’re doing the minimum, which the federal government requires on FMLA and some other things, but they ought to be doing more than the minimum to bolster the workforce, care for their employees and bolster the rail industry in general.”
The low workforce levels are making it harder for service to recover, these “irresponsible” business cuts and layoff decisions by the railroads have also made people not want to come back, Oberman said.
“What could not be more clear is that the railroads do not have significant redundancy. It’s quite clear to me that they don’t have a cushion. As I have said many times, you wouldn ‘t send a football team out on the field without a backup quarterback. But what the railroads have done is just that,” he said. “They have set the rail crew levels at levels when they have no backup. So when there was COVID, when there’s a vortex, when there’s any disruption of workers getting to the job, the trains stopped running.
“Remember, when you lay off an experienced engineer or conductor and there’s no assurance they’ll come back and many of them did not — they went into other industries. To replace that person under FRA restrictions and just general common sense requires six months of training.”
U.S. Rep. Troy Nehls gives incorrect information about rail workers’ salaries.
U.S. Rep. Troy Nehls (R-Texas), railing against inflation and union density in the rail industry, himself produced some inflated and inaccurate estimate of the average Class I rail employee’s salary as being $137,000.
“At the hearing we had two weeks ago, the railroads came in and proudly proclaimed that they were trying to hire new conductors at $52,000 a year, not $137,000, and when I asked them how they were going to compete with Wal-Mart hiring truck drivers at $110,000, they didn’t have an answer,” Oberman countered.
U.S. Rep. Stephen Lynch of Massachusetts clears up misinformation by U.S. Rep. Troy Nehls about salaries of rail workers.
Nehls’ inaccurate statement also was later corrected by Rep. Stephen Lynch of Massachusetts, who also noted that rail workers were not rewarded for working through the pandemic and that nation rail contract negotiation have dragged on for more than two years.
“You can see the attention that the railroads have given to labor when you look at how much they’ve cut the labor force and how much they’re not respecting and looking out for their best interest, you can see that. They’re giving more money to their shareholders. There hasn’t been one major bonus or pay raise in those couple years that they’ve been working us out of COVID. No hint towards that,” STB member Robert Primus said.
STB Member Karen Hedlund also referred to the longer trains PSR uses that frequently dwarf the sidings on the lines, causing congestion and obstructing passenger rail’s on-time service and suspects that STB will need to address it.
“There’s one long-distance line that was above 80 percent,” she said. “Some of the shorter lines perform over 80 percent, but the long-distance lines do not perform well. When there’s a three-mile-long train in front of a little Amtrak train, the three-mile-long train may not be able to get out of the way for many, many miles.”
