Archive for the ‘Leadership Messages’ Category

Reminder: Section 6 proposals due by Sept. 30

ATTENTION: All SMART Transportation Division members employed by rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC).

As you are likely aware, on August 16, 2019, the SMART Transportation Division began the process of formulating Section 6 notices to be served on rail carriers represented by the NCCC, which will include proposals to increase wages, benefits and improve working conditions. In our communications, all officers and members were invited to submit proposals for the Section 6 notices to the SMART TD headquarters.

For those members who have already submitted proposals, we thank you for providing your invaluable input.

Members who have not yet responded are reminded that proposals are being cataloged through the month of September, and in October a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals and begin to fine-tune those suggestions into the notices to be served on the carriers.

In order for your proposal to be cataloged and considered by the Section 6 review committee, your proposal must be received in the Transportation Division office by September 30, 2019.

As a reminder, members may submit their proposals by email (preferred), fax or U.S. Mail:

Email – Section6@smart-union.org
Fax – (216) 228-5755,

or by writing to the attention of the SMART Transportation Division President at

24950 Country Club Blvd. Suite 340
North Olmsted OH 44070

Following this review process, the full Association of General Chairpersons, District No. 1, will be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.

In addition to membership submitted proposals, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.

“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.

The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART-TD notices are served.

Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.

Happy Labor Day From GP Sellers

Brothers and sisters, let me wish you and your family a Happy Labor Day.
This past month, we completed our Second SMART General Convention where transportation and sheet metal members stood together to work on focusing on the future to position our Union for the rapid changes coming to all our industries.
We worked to stay ahead of the curve to better serve Sheet Metal and Transportation Division members. We need to unify our voice and our vote to fight against anti-union and hostile influences that put members, families and our communities at risk. We worked on ensuring greater representation, organizing efforts, protecting registered apprenticeships, rail, bus and transit safety.
We learned all too well that elections have consequences, and the 2020 election is on us. We need to be laser focused on protecting our members and our careers by supporting our union values.
Ten years ago, a group of anti-union politicians were elected with disastrous results. Their immediate priority was to push through attacks on collective bargaining across the United States along with the passage of right-to-work laws from coast to coast. Due to the 10-year reapportionment of state and federal seats, they got to choose their voters and cemented their position in government. Unfortunately, bad policy is contagious and is also threatening to infiltrate the Canadian government in the upcoming federal election.
This time, we are taking their power to harm working families away and fighting back to build a better future for members and all working families.
Labor Day is a day founded to honor workers — the women and men who make sure both our nations are running straight and true. Remember the sacrifices of previous generations of workers that we honor on this and every Labor Day. Make sure you are signed up for the Political Action League or TD PAC and recognize the sacrifices and the foundation they made for us were not in vain.
Fraternally,

Joseph Sellers, Jr.
SMART General President

Seeking proposals for Section 6 notices

The SMART Transportation Division is beginning the process of formulating Section 6 notices to be served on rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC), which will include proposals to increase wages, benefits and improve working conditions.

As mandated by the Railway Labor Act and the current national agreement, these Section 6 notices will be served on most of the nation’s rail carriers on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.

The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART TD notices are served.

All officers and members are invited to submit proposals for the Section 6 notices to the SMART TD headquarters. In addition, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.

Members may submit their proposals by email (preferred), fax or U.S. Mail:

Email – Section6@smart-union.org

Fax – (216) 228-5755

or by writing to the attention of the SMART Transportation Division President at:

24950 Country Club Blvd., Suite 340
North Olmsted OH 44070

The proposals submitted by members will be catalogued during the months of August and September. In October, a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals submitted and begin to fine-tune those suggestions into the notices to be served on the carriers.

The full Association of General Chairpersons, District No. 1, will then be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1.

“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.

Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.

SMART TD Regional Meeting: President Previsich says FRA action will not go unchallenged

SAN DIEGO, Calif. — In closing remarks to the SMART Transportation Division Regional Meeting July 3, TD President John Previsich said that recent actions of government agencies under the umbrella of the federal Department of Transportation will not go unchallenged.

Actions by the Federal Railroad Administration (FRA) and the Federal Motor Carrier Safety Administration (FMCSA) regarding safety issues have shown that those agencies have stepped away from their duties of overseeing the safety of communities and of the nation’s transportation workers, he said.

SMART Transportation Division President John Previsich addresses the closing session of the San Diego Regional Meeting at the Hilton Bayfront Hotel on July 3.

The FRA’s withdrawal of a Notice of Proposed Rulemaking (NPRM) in May plus a similar action within days by the FMCSA that withdrew a notice regarding bus operator safety is a starting point to what will be a challenging period for our union, Previsich said.

All options, including litigation, are being explored to challenge what Previsich had described in testimony before a U.S. House Subcommittee as FRA’s abdication of its safety oversight responsibilities by withdrawing a Notice of Proposed Rulemaking regarding minimum crew size. Attorneys general from every state that have implemented legislation requiring two-person freight crews are being invited to join with labor to protect the state laws.

The effort will address FRA’s abuse of authority by withdrawing the NPR, ignoring the comments that were overwhelmingly in favor of a two-person crew rule and the agency’s attempt to pre-empt state laws. It will be a “concerted” effort with other labor organizations.

Previsich said that the union is planning on a multi-faceted approach to take on FRA while also challenging Congress to pursue legislation to correct FRA’s refusal to oversee safety on the nation’s railroads.

Attendees at the July 3 closing session of the San Diego Regional Meeting listen to TD President John Previsich’s remarks at the Hilton Bayfront Hotel.

State legislative action surrounding two-person rail crews also will be ongoing, he said, and more details of our efforts as well as additional actions for members to take will be communicated in the near future.

“There is going to be a big push coming,” Previsich said. “We are going to reach out to you when the proper time comes and ask for your assistance. I think your members will be proud of their union and where we’re going with this.”

To do something immediately, members should take the time to watch the video of the House subcommittee hearing. There they will see who supports our efforts, and what opponents are saying.

All brothers and sisters should then contact their legislators directly to explain our issues to their U.S. House and Senate representatives, and why the current bills regarding transportation safety are important. An in-person visit, an option advocated by National Legislative Director John Risch during the Regional Meeting’s opening session, helps to personalize and drive these issues home no matter what political party the public official identifies with.

The TD Legislative Action Center is a one-stop repository that has information on federal bills advocating bus and transit operator safety, freight rail crew size and yardmaster safety.

Our brothers and sisters also should donate to the SMART TD PAC.

“There’s nothing more important in this environment today — in this political climate that we’re in — that we get access, and we get access through PAC,” Previsich said.

On the second day of the meeting, SMART General President Joseph Sellers, Jr. addressed the new leaders in attendance and encouraged them to take advantage of all resources available to them in both the Washington, D.C., and in the Cleveland offices.

The TD Regional Meeting theme — “Your Union Leading the Way” — was particularly appropriate this year — members “need to understand that ‘Your union’ is our union … 200,000 members are part of our union,” Sellers said. “And ‘leading the way’ means you leading the way, meaning us leading the way meaning leaders and members leading the way.”

In a time of upheaval in the industries that SMART members are employed in, efforts to grow the organization will continue to be a priority, and officers will take an important role in those efforts.

“We must continue to grow. We must organize, organize, organize — internal organizing, external organizing, making sure every worker is a SMART member,” Sellers said.

SMART General President Joseph Sellers, Jr., delivers opening remarks on Tuesday, July 2, the second day of the SMART Transportation Division Regional Meeting in San Diego, Calif.

From all levels of the union, it is up to everyone to take responsibility for the safety of themselves and build and maintain a strong foundation and maintain a powerful and nimble network that can take collective action to protect ourselves and the legacy our union represents, Sellers said.

“I want to make sure that we continue to build that foundation, that we continue to form this union so that future generations will have the same opportunity, enjoy that same representation, enjoy the same benefits of a collective bargaining agreement and enjoy a retirement particularly at a time when many people won’t have a retirement or work pension.”

Support from the SMART Army has brought results — members’ efforts beat back Right to Work For Less legislation in Washington one day after a call for mobilization at the state’s Capitol, and helped to get two-person crew legislation passed in Colorado and Nevada this year. They’ve also mobilized to defend proposed pension changes in Congress.

“As we build that, we will do better,” he said.

To join, text SMART Army to 21333.

In closing the meeting, Previsich announced that the 2020 TD Regional Meeting will be held in its home base of Cleveland, Ohio, at the Hilton Cleveland Downtown from Aug. 24 to 26.

The three-day San Diego meeting at the Hilton Bayfront Hotel featured more than 30 educational workshops intended to assist officers and strengthen our union at every level.

Happy 4th of July

On the 4th of July, we celebrate the founding of the United States and the rights and liberties we enjoy as Americans. It is a time to look to the past and honor the sacrifices of prior generations that built this nation.

It is also a time to look forward and remember that freedom is not free. When we take our hard-earned blessings for granted, we risk losing them. We each must take responsibility to participate in our democracy, and to stand together as we continue building a nation that truly delivers on the promise of the American Dream.

As we spend time with our friends, family and loved ones this 4th of July, our union also celebrates what we have won for working families. We have a strong voice on the job and in our industry because of the hard work and victories of those who came before us.

Our union is also focused on the future – moving forward and actively shaping the industries we represent. That requires us to be nimble and resilient, adapting to the challenges we face. It is easy to get bogged down by challenges. Rather than look back, we must continually work to be forward-looking, charting our path forward as our industries evolve while the landscape around us continually changes.

Many generations have worked hard and sacrificed to win our freedoms, build our nation and protect our democracy. Let us show the same courage and character in defending those freedoms today, and in building our union for the future.

Happy 4th of July!

In Solidarity,

Joseph Sellers, Jr.
SMART General President

President Previsich testifies before House subcommittee

    SMART Transportation Division President John Previsich testifies Thursday afternoon before the House Subcommittee on Railroads, Pipelines, and Hazardous Materials.

SMART Transportation Division President John Previsich appeared before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials to testify on the state of the railroad workforce.

Rather than use his prepared written testimony, he delivered a statement in response to the testimony given earlier in the hearing by Federal Railroad Administration Administrator Ron Batory. In his statement, President Previsich told the representatives about issues crucial to the rail labor workforce, including what he described as FRA’s “abdication” of its safety oversight duties in the wake of its withdrawal last month of the Notice of Proposed Rulemaking regarding a minimum train crew size.

He also addressed questions posed by subcommittee members on subjects including Congress’s role in helping to ensure a safe working environment for rail workers, the national Safe Freight Act two-person crew legislation and the role of technology, including automation, and its effects on the rail labor workforce.

A video of President Previsich’s testimony and responses is embedded below.

Video of the full hearing containing President Previsich’s testimony as well as that of other railroad labor leadership in attendance is available here on YouTube.

On Memorial Day

Memorial Day is the day we all come together to remember every hero who sacrificed their lives for our freedom and security.

While we cannot pay them back for the ultimate sacrifice made by the greatest of our heroes, the least we can do is make the future brighter for their brothers and sisters at arms.

We also honor them through our SMART Heroes program, to recognize those who stood ready to make the ultimate sacrifice.  What better way to make a small down payment on our collective gratitude but with the promise of a bright future brought by a productive career in our industry.

While we stand somber remembering the ultimate sacrifices made for all of us, I urge you to also enjoy your day. Enjoy the extra time spent with your family, friends and loved ones.  Enjoy your backyard barbeque and social gatherings. But I ask you this: Please don’t forget who we are remembering and honoring when we do this.  Our gatherings honor our veterans—who were so willing to give of themselves to defend their brothers and sisters, and their country.

Unlike Veterans Day, which honors all who served, there is a difference about today. While we honor our veterans through our thoughts and actions, today exists to remember those who have not come home, to thank them and look out for the future of those who return.

Our men and women who serve learned to fight together as a team and as a family, and they look out for one another.  I am proud to honor them by welcoming them to our family.

Thank you, and may God bless and keep our fallen, our veterans and active military, our Union and our nation.

 

Fraternally,

 

 

Joseph Sellers, Jr

SMART General President

 

FRA just reduced the prospects of a safer railroad industry

By John Previsich, SMART TD President, and Dennis Pierce, BLET National President

On Thursday, May 23, 2019, we were informed that the Federal Railroad Administration (FRA) had released a notice, withdrawing a 2016 notice of proposed rulemaking establishing a minimum train crew size for most rail freight operations in the United States. This news was not surprising.

What is shocking, however, is the degree to which FRA has chosen to subordinate the safety of BLET and SMART TD members, other railroad workers, and the American public to the interests of the nation’s major railroads.

FRA’s reference to current crew sizes, which have existed for decades, as mere “crew redundancy” displays an astonishing ignorance of the findings of the agency’s own research studies, which establish — in detail and beyond dispute — the unique and specific duties of each crewmember.

FRA also disappointingly engages in self-serving fact selection in its attempts to negate the importance of the 2013 Lac-Mégantic tragedy and the Casselton, North Dakota, oil train derailment — and subsequent explosion and fire — to the crew size debate. And it simply ignores several subsequent accidents where a two-person crew saved the public from an even more horrific outcome.

In its rush to diminish the safety impact of common-sense crew size regulations, FRA also points to various regulations requiring risk analyses and the adoption of risk reduction plans by railroads. While our Organizations fully support such plans, we note that Congress mandated regulations governing these subjects more than a decade ago, but they have yet to be promulgated because of industry recalcitrance and obstructionism.

Also, the argument that two-person crews have not been proven safer — because of FRA’s failure to collect crew size data — while the data support a conclusion that single-person crews are not demonstrably less safe is mystifying in its logic, to be charitable.

Moreover, the federal rail safety regulator hints that there is no “specific requirement that would prohibit autonomous technology from operating a locomotive or train” in the absence of any human crewmember whatsoever as a means of “reducing accidents caused by human error.” If the ongoing grounding of the Boeing MAX aircraft has taught nothing else, FRA and the Department of Transportation should be mindful of the danger of transferring the risk of a human factors accident from operator to programmer when autonomous technology is implemented. For this reason, FRA’s declared “support [for] the integration and implementation of new automation technologies” on the nation’s locomotives should give everyone pause.

Lastly, the Agency’s invocation of the negative preemption doctrine is incredible. Both the industry and the Agency reject prescriptive safety regulations as a philosophical matter, because they supposedly require a “one size fits all” approach; indeed, this was part of the industry’s argument against the proposed rule.

In stark contrast to this philosophy, FRA’s invocation of negative preemption seeks to promulgate a prescriptive prohibition, regardless of the implications of its action on federalism. In so doing, the valid safety concerns expressed by supporters of the proposed rule such as National League of Cities — representing more than 19,000 cities, villages, and towns — and the Western Organization of Resource Councils are dismissed out of hand.

We frankly did not expect this Administration to complete this rulemaking, but we did afford the new Federal Railroad Administrator a fair opportunity to demonstrate that safety was his primary objective. Given the scope of this withdrawal, the Administrator has clearly failed the test, because he has placed corporate profits above public safety. Railroad safety has taken a giant step backward today, but our Organizations do not intend to let this development go unchallenged.

###

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 over 57,500 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

John Risch: FRA, Trump administration halt all crew safety efforts

Dear SMART TD,

Today the Trump administration did everything it could to stop all railroad crew safety issues.

In a Federal Register posting published at 4 p.m. today, the FRA formally withdrew the pending proposed rulemaking dating from 2016 that would have set a mandatory crew size on freight and passenger trains.

Withdrawal of Notice of Proposed Rulemaking: Train Crew Staffing | Federal Railroad Administration

But the notice went much further than that. It announced that not only will FRA turn a blind eye to the unsafe practices of single-person or no-person trains, the agency claims that its notice also nullifies all state laws and regulations that establish minimum crew standards.

President Donald Trump, DOT Secretary Elaine Chao and FRA Administrator Ron Batory have taken sides, and it’s with the railroads that want to eliminate operating crew members to the detriment of rail safety and to the detriment of the communities through which our members operate trains. We are considering legal action and other avenues to protect our members and the American public from the prospects of driverless trains.

The action today flies in the face of so-called conservative values and state’s rights. The federal government is refusing to protect the public and at the same time is prohibiting states from doing so by posting this federal notice.

This action undermines my faith in the FRA in being a fair and impartial overseer of safety in the railroad industry. Clearly, the railroad CEOs have their folks in power with President Trump and his administration. This action should put an end to any thoughts that this president and this administration is supportive of railroad workers.

It is now more important than ever that we pass a federal law requiring that every train in America have a minimum of two crew members. Those two crew members must be a federally certified conductor and a federally certified locomotive engineer.

It’s time to not only send an email message to your member of Congress, but it is time for every operating railroad worker to contact their member of Congress personally. Call their offices and ask to meet with them today.

We will not be stopped by today’s terrible decision. It makes us more committed than ever to pass a federal two-person crew law.

In solidarity,

John Risch
National Legislative Director
SMART Transportation Division

SMART TD supports bill to protect bus, transit operators

SMART Transportation Division leaders support the Transit Worker and Pedestrian Protection Act (H.R.1139) introduced by U.S. Reps. Grace F. Napolitano (D – Calif.) and Congressman John Katko (R – New York) on Feb. 11 that would make the workplace safer for bus operators and commuter rail workers nationwide.

Members of SMART TD are urged to contact their U.S. senators and representatives to get them to support this important legislation. Please visit the SMART TD Legislative Action Center to find out how to get in touch with your legislators and take action on this important legislation.

“While most interactions between SMART TD members and the passengers they serve are peaceful encounters, too often that is not the case,” SMART Transportation Division President John Previsich said. “Our members deserve the protections necessary to ensure their safety, health and well-being. This legislation will require transit agencies to develop risk-reduction programs to make bus and transit services safer for TD members, riders and pedestrians alike.”

Incidents of assault on public transit occur in the United States frequently and threaten the safety of SMART TD members, the riding public and pedestrians. Countless news reports involving violent acts by unruly passengers have left SMART TD bus operators and transit employees as victims of violence.

“You name it — our members have encountered it and have had to deal with these gruesome, violent occurrences. Yet we’ve seen little done about it. This legislation fulfills the need for adequate driver shields and mandatory de-escalation training,” said SMART TD National Legislative Director John Risch. “Thank you to Representatives Napolitano and Katko for refining this important piece of legislation and for being steady in their continuing commitment to making public transportation safer in the United States.

“Our pledge is to continue to work with Congress and the Administration to ensure transit workers and those who use public transit receive the protection they deserve.”

The Transit Worker and Pedestrian Protection Act requires that both rail and bus transit agencies (those not covered by the FRA) create risk-reduction plans to protect operators within two years of the bill’s passage and that the agencies submit those plans to the U.S. Department of Transportation (DOT) for approval.

Some components of these plans could include physical barriers to prevent operator assaults, de-escalation training for workers, driver-assistance technology to reduce accidents, ergonomic improvements to prevent operator injuries and modified specifications or retrofits to reduce visibility impairments for operators.

The bill also requires that any assault on a transit or bus operator be reported to the DOT’s National Transit Database.

“There is no higher priority than operator safety. Too often we’ve seen reports of drivers getting assaulted and having their lives irreversibly changed simply because they were behind the controls doing their jobs,” said Calvin Studivant, SMART TD Bus Department vice president. “The risk-reduction programs and other safety requirements that this bill puts in place will help to keep our members safe.”

The Bus Operator and Pedestrian Protection Act (H.R. 6016), a similar bill introduced by Napolitano and Katko last year, picked up co-sponsors from both parties in the U.S. House and received the endorsement of SMART TD and other transportation unions. U.S. Sen. Chris Van Hollen of Maryland introduced a companion bill to the 2018 legislation in the U.S. Senate and is doing the same with H.R. 1139.

The Transit Worker and Pedestrian Protection Act continues to build upon these efforts to eliminate bus and transit operator assaults, thus protecting workers, the riding public and pedestrians. It likewise receives SMART TD’s full backing.

An Important Message from SMART General President Sellers Re: Retirement Benefits

Today, November 30, is the date that was set as the deadline for the Joint Select Committee to agree upon legislation for troubled multi-employer pension plans and the impending insolvency of the PBGC.

Co-Chairmen Orrin Hatch (R-Utah) and Sherrod Brown (D-Ohio) released a statement that said, in part, “While it will not be possible to finalize a bipartisan agreement before November 30, we believe a bipartisan solution is attainable, and we will continue working to reach that solution.”

This means that the disastrous proposal we recently saw will not be moving forward at this time. It doesn’t mean that we should stop what we are doing. Thousands of SMART members answered the call to come together to protect our retirement. We need to ensure that multi-employer defined benefit pension plans that have made difficult decisions in the past to get on the right path aren’t harmed by attempts to help troubled plans. At the same time, we need solutions for those plans and for the PBGC to keep healthy plans on track.

Thank you for all your efforts, when we asked you to mobilize, you answered the call.

Thanks to you, Congress heard the voice of labor through over 40,000 calls, letters and emails from SMART sheet metal members and their Transportation Division brothers and sisters who joined in solidarity.

I encourage you to keep your eye on this issue as Congress continues to work on solutions in the future.

 

Fraternally,

 

Joseph Sellers, Jr

SMART General President