Author Archive

Former VP Donald Carver passes away

Former Vice President Donald Carver, who led the United Transportation Union Yardmasters Department from 1987 until his retirement in 2003, passed away January 11, 2022, one day prior to his 79th birthday, his family announced.

Carver

Brother Carver had a 41-year career on the railroad that began when he hired out in April 1962 as a switchman on the Louisville & Nashville Railroad. He joined UTU predecessor union the Brotherhood of Railroad Trainmen (BRT) in May 1962 before becoming a yardmaster and an officer in the Railroad Yardmasters of America (RYA), rising to general chairperson and a national vice president in the 1970s in that union before its merger with UTU.

In 1987, Carver was elected UTU assistant to the president/yardmasters and he served in that capacity before being elevated to vice president in 2003. In total, 29 of Carver’s 41 years were as a union officer.

The late Jim “J.R.” Cumby, Brother Carver’s immediate successor in leading the Yardmasters Department, wrote a tribute to Carver in an issue of the UTU News published after Carver’s retirement in September 2003:

“Don was an indefatigable road warrior. When the carriers raised the qualifying days worked to seven for carrier-paid insurance, Don went to bat for our part-time officers. With assistance from the negotiating committee, Don ensured all our part-time officers working on the railroad at least one day per month retained carrier-paid insurance benefits,” Cumby wrote in the November 2003 UTU News.

Carver left “some mighty big shoes” to fill in representing the union’s members, Cumby wrote.

Carver’s role with the union hadn’t closed quite yet. In 2004, he served on a blue-ribbon committee to shape union technological efforts for the union as it headed into the 21st century.

After announcing his retirement, Brother Carver closed his final farewell column to the membership with a traditional Irish blessing:

“May the road rise up to meet you, May the wind be always at your back, May the sun shine warm upon your face, And the rain fall soft upon your fields. And until we meet again, may God hold you in the palm of His hand.”

He is survived by his wife of 59 years, Dianna Mae, and two children, the Rev. Dr. Richard Carver Jr. (Stephanie) and Marla Sanders (Chris); five grandchildren; three great-grandchildren; and his brother, David. He was preceded in death by his parents, Rev. Dr. Edward and Alene Carver, and his sister Beth Ostercamp.

A celebration of Brother Carver’s life will take place 12:30 p.m. Monday, Jan. 17, 2022, at Schoppenhorst Underwood & Brooks Funeral Home, 123 Winning Colors Dr., Mt. Washington, Ky. Interment will follow at Bethany Memorial Cemetery, 10917 Dixie Hwy., Louisville.

The SMART Transportation Division offers its sincere condolences to the Carver family, his friends and the union brothers and sisters who knew him.

Click here read Carver’s full obituary or to leave condolences.

SMART-TD, BLET rail unions initiate steps to strike BNSF properties over new ‘Hi-Viz’ attendance policy punishing sick rail workers during the pandemic

CLEVELAND, Ohio, (January 13, 2022) — Yesterday, members of the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation union (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) who work for the BNSF Railway initiated steps to go on strike following the railroad’s announcement of its so-called “Hi-Viz” attendance policy, which SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce called “the worst and most egregious attendance policy ever adopted by any rail carrier.”

Presidents Ferguson and Pierce said the impending policy, which BNSF plans to implement on February 1, repudiates numerous collectively bargained agreements currently in place throughout the BNSF system. It is so restrictive that employees would be penalized for missing work to attend the funeral of an immediate family member.

“This unprecedented BNSF policy repudiates direct and clear contract language and, in application, will attempt to force our members to report for duty without regard for their medical condition as we struggle to come out of a pandemic,” the presidents said. “It also stands to take away any ability by our members to avoid working fatigued when they are routinely called without warning due to the complete lack of reliable train lineups, thus creating the potential for an even more unsafe railroad operation. So-called ‘forced overtime’ in an industry where safety is so critical not only repudiates our agreements, it stands to enact irreparable harm on hundreds of full-time employees whose non-workplace obligations prevent them from being at work every day of their life.”

BNSF’s new Hi-Viz policy is a points-based system which penalizes employees — who in many cases have no assigned days off — any time they take time off work for practically any reason. In a FAQ that BNSF sent out to its employees, the carrier claimed that they “must improve crew availability to remain competitive in the industry” and that their revised Hi-Viz program helps with this issue “by incentivizing consistent and reliable attendance.” BNSF goes on to claim that a reduction in absenteeism will improve predictability of work assignments. However, the affected employees and their unions have made clear that they view BNSF’s approach to this issue as a juxtaposition. That is: if the carrier instead focused its efforts on predictable scheduling of assignments and competent management of its furloughed employees, there would be no need to impose such draconian attendance policies.

“Our members have simply had enough of the treatment they are enduring from the BNSF Railway,” President Ferguson and President Pierce said. “The Company’s half-baked attempt to characterize this policy as an ‘improvement’ and an ‘incentive’ is nothing short of disingenuous, and outright insulting. Although BNSF will not admit it, it has implemented so-called Precision Scheduled Railroading and is attempting to do more with less by intimidating our members, under threat of discipline and/or termination, into working additional shifts while they continue to furlough junior employees. Our members have worked tirelessly to keep goods moving during a global pandemic, but the railroad is once again placing monetary profits over people to appease shareholders and Wall Street. Our membership is tired, frustrated and fed up with the treatment they continue to receive. As is the growing trend among all major rail carriers, the working conditions at BNSF have deteriorated to the point that there are many tenured employees leaving the railroad industry because they can no longer tolerate the treatment that they must endure on a daily basis. This new attendance policy may be the tipping point for what may be the ‘great railroad resignation.’”

On January 12, President Ferguson and President Pierce gave permission to their organizations’ respective BNSF General Committees of Adjustment to begin polling their membership regarding a withdrawal from service over this major dispute. Under the SMART Constitution, the union’s leadership may authorize a strike after the affected General Chairpersons obtain two-thirds majority approval from the Local Chairpersons under their jurisdiction. Under BLET internal law, a majority of the membership at any given railroad, or their Local Chairmen, must vote in favor of a strike and the National President and the General Chairmen must approve the date for any withdrawal from service.

Collectively, the unions represent more than 17,000 active members at the BNSF.

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

TD leadership applauds confirmation of Amit Bose to lead FRA

Amit Bose, who has been serving the Biden administration as acting administrator of the Federal Railroad Administration (FRA) since February 2021, was confirmed Jan. 12 by the U.S. Senate to become full administrator. This was a bi-partisan vote 68-29.

From left, SMART Transportation Division Minnesota State Legislative Director Nick Katich, Michigan SLD Don Roach, Amtrak employee Stefan Schweitzer, then-FRA Deputy Administrator Amit Bose, TD Local 168 (Chicago, Ill.) member Keisha Hamb-Grover and Illinois State Legislative Director Bob Guy stand at Chicago’s Union Station on Oct. 13. Bose was confirmed Jan. 12 as full administrator of the FRA.

Bose’s nomination by President Joe Biden had been put on hold by Republican U.S. Sen. Rick Scott of Florida after it had cleared the U.S. Senate’s Commerce, Science and Transportation Committee on Oct. 20, 2021.

“We are pleased and excited to continue our collaboration with Administrator Bose and the FRA as we press ahead on important safety issues such as regulating freight crew size,” SMART Transportation Division President Jeremy Ferguson said. “Our National Legislative Department and other members of our legislative team have had numerous conversations with Administrator Bose while serving in an acting capacity. We look to build upon the positive relationship that’s been established and on the progress that has been made already, and we congratulate him on his overdue confirmation.”

During his tenure, Bose already has shown that rail labor’s input will be sought, rather than disregarded by FRA. Under the Biden administration, FRA has publicly announced that it plans to reopen the Notice of Proposed Rulemaking (NPRM) regarding the regulation of a minimum freight crew size.

Bose was a guest during the October call of SMART-TD state legislative directors and made it clear that the agency will prioritize cooperative efforts between labor and the federal government such as the Confidential Close Call Reporting System (C3RS), the newly rechartered Rail Safety Advisory Committee (RSAC) and Fatality Analysis of Maintenance-of-way Employees and Signalmen group.

“The lines of communication between labor and FRA have been open ever since his nomination,” National Legislative Director Gregory Hynes said. “We’ve had productive dialogue from the start with Administrator Bose — rail safety is back on the table.”

Bose has years of experience serving in the public sector. He has served two stints as FRA deputy administrator, and has served as FRA chief counsel, USDOT associate general counsel and USDOT deputy assistant secretary for governmental affairs including with former Federal Railroad Administrator and SMART-TD Illinois State Legislative Director Joe Szabo of Local 1290 (Chicago).

In addition to living along the Northeast Corridor in West Windsor, N.J., and working for New Jersey Transit, Bose helped establish and later served on the Northeast Corridor Commission. He also participated in structuring the commission’s cost allocation policy, helped the U.S. Department of Transportation (USDOT) deliver a $2.5 billion Railroad Rehabilitation and Infrastructure Financing (RRIF) loan to Amtrak for its next generation of Acela rail cars, and worked on the environmental review of a number of projects.

Union officers’ efforts yield better protections for N.J. transportation workers

SMART Transportation Division Bus Department Vice President Calvin Studivant and New Jersey State Legislative Director Ron Sabol spent a significant time brainstorming ways to protect members in Sabol’s state last year.

The ongoing coronavirus pandemic had added even more potential risk to our members working on New Jersey Transit (NJT) and other carriers. Beyond their daily duties of keeping things moving, the need for workers to enforce COVID safety measures increased the potential for conflict and violent incidents with dangerous outcomes for workers, riders and even the public.

Two assaults on NJT workers drew headlines through the autumn. A union tracking violence against NJT workers reported more than 130 instances of workers being attacked. Something needed to be done.

In response, Studivant and Sabol, in conjunction with SMART-TD legislative and legal leadership, developed and presented what became the Motorbus and Passenger Rail Service Employee Violence Prevention Act.

On Jan. 10, that legislation was signed into law by Gov. Phil Murphy.

“I’m very proud of what this law accomplishes in protecting transportation workers in our state,” Sabol said. “It took the help of many people on both our side, including National Legislative Director Greg Hynes and TD Designated Legal Counsel Safety Coordinator Larry Mann, the persistence of other labor organizations, and a receptive, bipartisan group of legislators to get this done.”

Assemblyman Daniel R. Benson (D-Dist. 14) and state Sen. Patrick J. Diegnan Jr. (D-Dist. 18) were the driving forces behind the versions of the Motorbus and Passenger Rail Service Employee Violence Prevention Act that ran concurrently in rapid fashion through both chambers of the New Jersey Legislature. On the Republican side, State Sen. Robert R. Singer (R-Dist. 30) also championed the bill that gained massive support from both parties in the Senate.

The Senate version, S-4071, passed unanimously Dec. 20 on a 39-0 vote. The Assembly version, A-6013, passed unanimously with a 76-0 vote the same day.

“We cannot thank Assemblyman Benson enough for his diligence and his amazing effort in putting in the time to make this legislation succeed,” Sabol said after the bill’s signing. “He spent hours engaging fellow legislators with in-depth discussions as he proposed and helped to advance the legislation. The same goes again with state Sens. Diegnan and Singer, who were instrumental in initiating and retaining the overwhelming bipartisan support the law gained, and, of course, Gov. Murphy.”

The Motorbus and Passenger Rail Service Employee Violence Prevention Act upgrades the penalty for all assaults on a motorbus or autobus operator, the operator’s supervisor and a rail passenger employee. It also empowers NJT, motorbus companies and all rail passenger service providers to ban riders from their transportation services for up to one year if the person commits an assault on a motorbus operator, the operator’s supervisor or a rail passenger employee.

If a deadly weapon was used during the assault, the rider may be banned for life.

“Transportation workers are far too often subjected to vicious attacks by irate passengers for simply doing their jobs,” said Benson, who serves as chairperson of the Assembly Transportation and Independent Authorities Committee. “Our bus and rail employees must be protected as they fulfill their critical duties on behalf of the hundreds of thousands of commuters in our state.”

“This bill, while long overdue, is right on time,” Vice President Studivant said. “The collaborative efforts to secure this piece of legislation is a testament to the men and women who face adverse conditions on a daily basis for simply doing their jobs of moving the people of N.J.”

“Congratulations to Vice President Studivant, SLD Sabol and the New Jersey State Legislative Board for their outstanding work, and thanks to Larry Mann for his guidance in this victory,” National Legislative Director Greg Hynes said. “This legislation could be a great blueprint for other states to follow suit.”

Of note, Gov. Murphy also signed S.771, a second piece of legislation expanding workers’ compensation coverage to include injuries that occurs in employer parking lots. Both SMART-TD and the New Jersey Council of Safety and Health (COSH) supported the bill.

District court denies SMART-TD, BLET bid to halt Metra vaccine mandate

CLEVELAND, Ohio (January 7) — On January 6, the U.S. District Court for the Northern District of Illinois, Eastern Division, ruled against the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET), denying the unions’ preliminary injunction motions to stop Metra’s COVID-19 vaccine mandate.

The unions took the position that Metra had no authority to unilaterally implement and enforce a COVID vaccination mandate among its employees without the required bargaining pursuant to the Railway Labor Act (RLA). The unions contended that by failing to negotiate the terms of implementation, Metra violated the status quo requirement and, in turn, engaged in a major dispute. The court ruled in favor of Metra, finding the matter to be a minor dispute. The court also rejected the unions’ alternative argument that the mandate should be put on hold while the Adjustment Board decided the dispute.

SMART-TD and BLET are engaged in similar lawsuits to halt vaccination mandates on other rail carriers, including BNSF Railway (BNSF), Norfolk Southern (NS), and Union Pacific (UP).

“Needless to say we are disappointed in the outcome of this lawsuit, especially considering other federal judges blocked vaccine mandates,” SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce said. “We will continue to fight to protect the rights of our members during these historically difficult times.”

Read the ruling.

# # #

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 active and retired locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

FRA recruiting for safety inspector openings

The Federal Railroad Administration (FRA) has a number of positions open and is looking for candidates to fill these jobs.

Among the open positions are:

  • Rail Safety Inspector positions in Minnesota, New Jersey, New York and Wisconsin
  • grade crossing and trespasser Rail Safety Inspector positions in California, New York, Connecticut and Illinois
  • track Safety Inspector positions in Illinois, New Jersey, Texas and Virginia;
  • Railroad Safety Specialist positions concentrating on Kansas City Southern/Union Pacific that based out of Houston, Texas; Kansas City and St. Louis, Mo.; Chicago, Ill.; and Los Angeles, Calif.

“Recruiting is everyone’s business at FRA,” said David Kannenberg of FRA’s Office of Railroad Safety. “FRA is hiring!”

For a full slate of openings at FRA, visit USAJobs.gov.

GC Danny Young passes away unexpectedly

The SMART Transportation Division has been shocked and saddened to learn of the sudden passing of General Chairperson Danny Young (GO-017), a longtime leader in our union and member of Local 1081 (Glendale, Ariz.), on Dec. 31, 2021.

Young

Brother Young was born and raised in Winslow, Arizona. He was an avid athlete, winning a gold medal as a Junior Olympic wrestler and playing college football at Mesa Community College. He went on to graduate from Grand Canyon University with a Bachelor of Science in finance. He followed in his father’s footsteps to have a career with the Atchison, Topeka & Santa Fe Railway (now BNSF) and joined the union in April 1995. He was promoted to engineer in 1998.

Young became interested in unionism and became trustee for Local 1081 in 1999, then local chairperson the same year. In 2003, he was elected secretary of BNSF Railway General Committee GO-017 and then re-elected to the post in 2007. Young was elected second alternate vice president-West by delegates at the UTU Convention in 2007 and later was elevated to alternate vice president-West in 2009, the same year that he became a general chairperson. He continued as an alternate vice president for the union until Sept. 30, 2019 and served as a general chairperson for more than 12 years. He was a member of the SMART-TD team in the 2017 national contract negotiations and was a frequent presenter at regional meetings regarding first response in the event of transportation emergencies.

He is survived by his wife, Julie; his mother, Carol Young; his mother-in-law, Kathy Ball; his brother, Mike (Lisa) Young; his brother-in-law, Bobby Ball; his nephews Danny, Jordan, Nathan and Garrett; his great nephew Jace and his dogs Hank and Jake. Preceding him in death was his father, William “Butch” Young, who himself was a general chairperson.

Danny loved to fish and travel the world. He was a lifelong, dedicated fan of the Arizona Cardinals. He was fun-loving, had the biggest personality and a laugh that was one-of-a-kind. He will be missed dearly by his family, friends and colleagues.

Private memorial services for the family will be held at a later date. In lieu of flowers, contributions in memory of Brother Young may be made to The Humane Society of the United States.

SMART Transportation Division offers its most sincere and heart-felt condolences to Brother Young’s family, friends and his brother and sisters in Local 1081 and GO-017.

Holiday message from TD President Jeremy Ferguson

Brothers and sisters,

One of our organization’s main goals this past year was to take the lead.

We have done that by making progress on numerous fronts — technologically, organizationally and contractually. While the results have not been rapid or easily gained, our focus on the work at hand and our solidarity are helping us to break through. There’s evidence of this in every member with whom I’ve met this year. We are laying the foundation for greatness, one step at a time. It’s a long process, but we all will be proud of the results in the end.

No doubt, the past two years have tested us, but it’s that core concern for each other — the solidarity that unites this union and the labor movement at large — that can overcome all challenges and setbacks. Whatever the future throws at us, it pales in comparison to our collective strength.

This next year will bring more improvements and chances for us to lead — locally, regionally and nationally. There will be more chances to educate, communicate, organize and protect. With your involvement and your support, what we can accomplish is limitless.

Please be safe this holiday season, and remember that, historically, from the week before Thanksgiving to the week after New Year’s Day is the most-dangerous time of the year regarding transportation accidents, injuries and fatalities. Please stay focused and vigilant at work, and let us continue to take care of each other!

The best gift we can give our loved ones during this holiday season is to return home safe, sound and healthy.

God bless all of you, and I wish you and your families a happy holiday season.

Fraternally,

 

 

 

Jeremy Ferguson
President — Transportation Division

Bill enhancing punishment for assaulting transit workers on desk of N.J. gov.

Legislation championed by the SMART Transportation Division that toughens penalties on passengers who do harm to transportation workers has passed both chambers of the New Jersey Legislature and has been sent to Gov. Phil Murphy’s (D) desk for his signature.

Assemblyman Daniel R. Benson (D-Dist. 14) and state Sen. Patrick J. Diegnan Jr. (D-Dist. 18) were the driving forces behind the versions of the Motorbus and Passenger Rail Service Employee Violence Prevention Act that ran concurrently in rapid fashion through both chambers of the New Jersey Legislature.

“Transportation workers are far too often subjected to vicious attacks by irate passengers for simply doing their jobs,” said Benson, who serves as chairperson of the Assembly Transportation and Independent Authorities Committee. “Our bus and rail employees must be protected as they fulfill their critical duties on behalf of the hundreds of thousands of commuters in our state.”

On the Republican side, State Sen. Robert R. Singer (R-Dist. 30) also championed the bill in the Senate.

“Unfortunately, there have been many instances where bus and train operators are assaulted by unruly passengers. People who engage in such abhorrent behavior are not only putting the lives of the operators at risk, but also the lives of all the passengers,” he said. “This legislation will significantly increase the penalty for such assaults, and act as a deterrent for future altercations.”

The legislation was crafted in response to incidents when two New Jersey Transit (NJT) employees were assaulted this past year. The Senate version, S-4071, passed unanimously Dec. 20 on a 39-0 vote. The Assembly version, A-6013, passed unanimously with a 76-0 vote on the same day.

While testifying as a proponent of the bills in both chambers, N.J. State Legislative Director Ron Sabol made it clear that it’s past time to toughen enforcement, especially after the on-the-job assaults by passengers on NJT employees.

“We thank legislators for their overwhelming support of this legislation,” Sabol said. “They’ve seen those heinous attacks on our members doing their jobs, stepped up and have done the right thing to protect transportation workers and the public.”

The bill upgrades the penalty for all assaults on a motorbus or autobus operator, the operator’s supervisor and a rail passenger employee. It also empowers NJT, motorbus companies and all rail passenger service providers to ban riders from their transportation services for up to one year if the person commits an assault on a motorbus operator, the operator’s supervisor or a rail passenger employee.

If a deadly weapon was used during the assault, the rider may be banned for life.

“It’s a great bill and could be a blueprint for other states,” National Legislative Director Greg Hynes said. “Congratulations to SLD Sabol and the New Jersey State Legislative Board for their outstanding work.”

Fundraiser established for family of late member of Local 1730

An online fundraiser has been established for the family of Local 1730 (Richmond, Calif.) member Charles F. “Chuck” Reiring, who passed away suddenly Dec. 14 at age 41.

Brother Charles F. “Chuck” Reiring passed away Dec. 14, 2021, at age 41. He is survived by his daughter, Dixie (pictured), his wife and son Charles III.

Brother Reiring joined our union in January 2018 and worked as a conductor for BNSF.

Fellow SMART-TD member Gary Brunt Jr. of Local 1544 (Maywood, Calif.) has established a memorial fund on GoFundMe in memory of Brother Reiring, with whom Brunt had trained when both hired on as BNSF conductors.

“There wasn’t a time he didn’t speak of how much he would want for his daughter, son, or wife, Angie to have. He will forever be remembered for his sacrifice, duty, and love for his family,” Brunt wrote.

Brother Reiring is survived by his wife of 18 years, Angie Vierra; his daughter, Dixie; and his son, Charles III.

Click here to visit the online fundraiser.

Former General Chairperson Jackie Pearson passes away

Jacqueline “Jackie” Y. Pearson, former general chairperson of GCA-STU and a former local chairperson for Local 1704 (Kansas City, Mo.), passed away Dec. 13, 2021, at the age of 55.

Pearson

Sister Pearson served more than four years in both of those officer positions as well as serving as her local’s trustee for more than a year.

“The SMART-TD Bus Department along with the entire SMART organization mourns her passing,” Bus Department Vice President Calvin Studivant said. “It was a pleasure working with Jackie, and she will be missed by those who knew her. We pass along our condolences and sympathy to her family and friends. May her memory always be a blessing.”

Visitation is scheduled 6 to 8 p.m. Dec. 22, 2021, at Watkins Heritage Chapel, 4000 Emanuel Cleaver II Blvd., Kansas City, MO 64130, with services conducted by Lawrence A. Jones & Sons Funeral Chapel scheduled for 11 a.m. Thursday, Dec. 23. Interment will take place in Memorial Park Cemetery.

Online condolences may be left here.

SMART-TD, BLET suits seek immediate halt to Amtrak vaccine mandate

CLEVELAND, Ohio, (Dec. 9, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) yesterday filed motions for a preliminary injunction, seeking to immediately halt a unilaterally implemented vaccine mandate imposed by Amtrak, and require the carrier to negotiate over the issue.

Through the motions, SMART-TD and BLET seek to restore and preserve the status quo that was in place prior to the implementation of the mandate.

This action is a follow-up to two November 23rd complaints filed by SMART-TD and BLET against Amtrak. In those suits, the unions allege, among other things, that the carrier’s unilaterally implemented vaccine mandate is a direct violation of the Railway Labor Act. The carrier made no effort to bargain with the unions over their vaccine mandate, or the effects of the mandate, despite the fact that the parties have long been engaged in negotiations for successor agreements, and that all parties have a duty to maintain the status quo regarding working conditions during such negotiations.

The SMART-TD and the BLET are actively embroiled in similar lawsuits with four other rail carriers: BNSF, Metra, Norfolk Southern (NS), and Union Pacific (UP). The litigation is pending in the U.S. District Court for the Northern District of Illinois.

In related news, two district courts have recently blocked enforcement of vaccine mandates for federal contractors. Most recently, on December 7, U.S. District Judge Stan Baker in Savannah, Ga., issued a nationwide injunction which temporarily halts the vaccine mandate issued by the Biden administration through an Executive Order.

SMART-TD and BLET will continue to monitor this case and other related legal challenges to determine if there is any impact on rail carriers.

President Ferguson and President Pierce issued the following joint statement: “The language contained in the Railway Labor Act is clear cut, and the carriers’ unilateral implementation of their vaccine mandates without negotiating with the union is a direct violation of the Railway Labor Act. We will continue to stand up for the rights of our members.”

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.