Archive for the ‘Transportation’ Category

SMART Statement on Biden Administration

SMART was stunned and horrified by the attempted coup at the U.S. Capitol building two weeks ago, which was encouraged by Mr. Trump and resulted in the murder of a U.S. Capitol police officer.  Despite this attack on our beloved country, healing is coming soon. Today, Joseph Biden and Kamala Harris were sworn in as President and Vice President of the United States. Before even taking office, President Biden had already shown that he will prioritize working Americans and that unions will have a seat at the table in the Biden administration.

The Biden-Harris Transition Team has engaged with unions, including SMART. Our very own David Bernett, NEMIC Administrator and member of Local 12-SM in Pittsburgh, PA, served as a volunteer on the U.S. Department of Labor Agency Review Team for the Biden-Harris Transition. SMART attended meetings with various Transition teams and emphasized our members’ priorities, including two-person crews, protecting our pensions, rail safety, indoor air quality, bus driver assaults, prevailing wage, and action to help our members during the COVID-19 pandemic. SMART even met with a member of the Transition COVID-19 Advisory Board to discuss the importance of indoor air quality and the value offered by our union and its high-skilled workforce.

President Biden has been listening. Boston Mayor Marty Walsh was nominated to serve as Labor Secretary and lead the Department of Labor.  He is a member of the Laborers and has fought for working families his entire career. In addition, Pete Buttigieg was nominated to serve as Transportation Secretary and lead the Department of Transportation. He has committed to addressing worker needs and invest in our infrastructure. SMART applauds these nominations.

The Biden administration will stand up for our members and their families after four years of empty promises. SMART looks forward to working with the Biden administration and will hold the administration accountable to its promises to build an economy that lifts up American working families.  SMART will keep its membership informed every step of the way.

SMART-TD Safety Condition Report is launched for members to submit info about unsafe conditions

To address the growing safety concerns of our membership, we have implemented a universal Safety Condition Report that is now available on the SMART-TD website for all members to use.

This form will become the primary tool to report and collect data concerning unsafe working conditions, including COVID-19 issues, from all members. Organizational information such as Craft, Local, Carrier and General Committee are loaded based on a member’s selection using defined database values, ensuring an accurate submission so that the officers responsible for acting on the report are directly and timely informed.

Members are presented a default list of safety hazards (including COVID-19) to choose along with identifying the state and location of the unsafe condition. Additionally, the form will dynamically update based on the members’ input, creating a customized report. After submission, an automated email to the General Chairperson and State Legislative Director with jurisdiction is sent as an initial notification. Full details of the Safety Condition Report are then accessed by these officers via the TD Connect portal along with printing and exporting capabilities for further collaboration with Local officers so that the unsafe conditions can be addressed.

Rail members, please note: The Railroad Technology Event report remains as a separate reporting mechanism due to the amount of detail and complexities that topic requires.

It is important to note that the data collected by this Safety Condition Report and the information within are kept and used solely within our SMART Union computer system and are used by SMART-TD officers to assist in addressing the issues presented by members.

“Membership safety and well-being is a founding principal of this Union, but we cannot assist without being properly informed of the unsafe issues facing our fellow brothers and sisters.” SMART-TD President Jeremy Ferguson stated. “These reports are to enhance our safety efforts as many carriers lack proper and effective reporting mechanisms. Our SMART Constitution lists safety as our local legislative representatives’ primary mission, stating ‘They shall report to their Locals regarding the handling of all alleged unsafe or unsanitary working conditions found to exist, or reported to them, within their jurisdiction. They shall undertake to correct such conditions through appropriate measures consistent with the local and national policies of the Transportation Division.’ Therefore, we ask that you also forward this information as soon as possible to your local legislative representative or other SMART Union officer for proper handling. If you are unsure who they are or how to contact them, please contact our office.

“It is imperative that we all accept the personal responsibility to properly document known unsafe conditions, acts and security concerns. If more people would take the time to do this we could, over time, address most of the long-standing concerns we have. Without documentation, nothing will ever change — the issues and concerns will continue to remain and often grow until a very unfortunate situation such as an injury, accident or fatality brings to light what many knew was a problem long ago but failed to address.”

The union’s chief safety officer hopes that the use of this form brings hazards that have been taken for granted or tolerated by workers to light.

“Sadly, we hear one particular scenario too often,” SMART-TD Chief of Staff Jerry Gibson said. “Someone says, ‘That has been an issue for a long time’ or ‘Everyone knows that is a problem’ at a particular property. Yet everyone assumes that someone else has written the unsafe condition up and unfortunately, no one has. The issue remains and the carriers use that against us by stating the very same thing — ‘That has been like that forever, and no one has said anything or taken issue with it.’

“This online reporting process is here to change that. Your union’s leadership wants to raise our safety standards. The carriers will no longer be allowed to dictate our level of personal safety … enough is enough. Only when we, as a collective group, choose to properly address our issues and concerns can we expect others to comply with those demands. It is the charge of the carrier to provide us with the proper training, security and safe work environment while doing so … and we will hold them accountable.”

The Safety Condition Report is accessible directly from the SMART-TD home page as both a banner and as a menu item — look for the blinking yellow caution signal.

“Please assist us with assisting you,” President Ferguson said. “All of our members deserve safe working conditions on the job and to return home safely. If there is an issue you want to report — report it.”

VSTD waiver of elimination period extended through February 2021

The SMART Voluntary Short Term Disability Plan (VSTD) has temporarily suspended the elimination period for COVID-19 disabilities. Previously, the waiver of the elimination period began in the month of March and extended through May of this year and then was once again extended until November 2020.

SMART, in conjunction with Southern Benefit Administrators, is pleased to announce that the waiver of the elimination period is being extended through February 28, 2021. Effective with all diagnosed COVID-19 disabilities beginning in the months of March 2020 through February 2021, the Plan’s elimination period will be waived. A member must usually be disabled for 21 days before benefits will begin on the 22nd day. With the waiver of the elimination period, members who have tested positive for COVID-19 will have earlier access to benefits.

The waiting period will be reinstated for COVID-19 disabilities beginning on or after March 1, 2021.

Click here for a pdf of this announcement.

We remember MLK

Dr. King

SMART-TD shares with the late Dr. Martin Luther King Jr. the dream that men and women should be judged not by the color of their skin, their nationality or religious beliefs, but by the content of their hearts.

Below is a link to Dr. King’s speech, delivered on Aug. 28, 1963, from the steps of the Lincoln Memorial, during the “March on Washington for Jobs and Freedom.” Recall too, that on the day of Dr. King’s 1968 assassination, he was in Memphis, Tenn., to support striking sanitation workers. He was truly friend of the labor movement.

Diversity is our strength.

To view Dr. King’s speech on YouTube, visit http://www.youtube.com/watch?v=jyR8h9iimw4.

FRA refuses to enhance passenger rail security in the wake of Capitol riots

Federal Railroad Administrator Ron Batory in a Jan. 14 letter to union leaders denied a request from the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) to issue an emergency order to safeguard passenger rail travelers and workers, even in the face of known threats and the potential for violence, according to the FBI.

“Regrettably, we received a response from FRA Administrator Ron Batory that denied our Emergency Order request from earlier this week,” SMART-TD President Jeremy R. Ferguson said. “It seems that the safety-first mentality has fleeted under his watch and now the agency is not even willing to strengthen or increase enforcement actions against those that may do harm to the people, equipment, or infrastructure of this nation’s rail system – a complete deviation from FAA, its sister agency under the same DOT umbrella.

“FAA has announced extremely aggressive measures to deter those willing to do harm from boarding commercial aircraft. It’s sad that FRA refuses to do the same.”

In his letter, Batory deferred to the Department of Homeland Security (DHS), which oversees the Transportation Security Administration (TSA), and encouraged rail labor to work with the carriers on bulking up security. This is in spite of the FRA being the primary agency responsible for regulating and enforcing passenger behavior, including the interference or assault of a train crew.

“While your petition correctly notes the differences in statutory and regulatory authorities between the Federal Aviation Administration and the FRA, which evolved based upon operational differences and legislative considerations, these differences do not provide a basis for FRA to take the requested action,” Batory responded. “Accordingly, FRA declines to grant your request for an emergency order. In addition, FRA does not believe it would be appropriate to introduce such an emergency order into the long-standing, well-established law enforcement partnerships between railroads and Federal, state, and local agencies.

“Consistent with your stated willingness ‘to work with the applicable agencies,’ we encourage you to work with railroads as they coordinate to provide for safe passenger rail service at the upcoming Inauguration and beyond,” Batory wrote.

Leaders from both SMART-TD and the BLET, two of the nation’s largest railroad labor unions, expressed concerns to FRA on Jan. 11 and to DHS on Jan. 13 about security vulnerabilities in passenger rail service in the wake of the Jan. 6, 2021, insurrection that occurred at the U.S. Capitol. While airport and air travel security administered by the FAA is well-equipped to react to bar those suspected of causing violence from air travel, no such measures are in place for passenger rail.

“Realizing years of neglect cannot be fixed overnight, we are demanding that significant changes to passenger rail protocol be granted immediately to protect against the imminent threat of danger that exists today,” President Ferguson and BLET President Dennis R. Pierce said. “It is our recommendation, as a minimal standard, that any regulation granted to prohibit the interference of a train crew’s duty be in line with that of aviation statutes and regulations.”

Among the remedies suggested by the union leaders to FRA was the establishment and implementation of a “No-Ride List,” which would mirror the FAA’s “No Fly List” and restrict people from using passenger rail. This solution also was shared with the DHS in the Jan. 13 emergency order request.

Amtrak, the nation’s largest passenger rail carrier, in a statement released Jan. 14 from CEO Bill Flynn, said that it was in favor of a “No-Ride List.”

“There is nothing more important than the safety of our employees. Since the start of the pandemic, our dedicated frontline employees have kept our trains running, providing a vital transportation service to essential workers. We join our labor partners in continuing to call upon Congress and the Administration to make assaults against rail workers a Federal crime, as it is for aviation workers, and to expand the TSA’s “No Fly List” to rail passenger service,” Flynn said.

“After last week’s violent attack on the U.S. Capitol, we are taking extra steps to continue ensuring the safety of our employees and customers in Washington DC and across our network as we prepare for the Inauguration. In addition to limiting ticket sales and requiring masks to be worn at all times, we are increasing our police enforcement to ensure strong compliance, remove noncomplying customers and ban those that don’t follow our policies,” Flynn said. “This includes deploying additional Amtrak Police officers onboard our trains and in our stations to support our frontline staff, and utilizing additional support from TSA and partner law enforcement agencies.”

As a precaution in advance of the inauguration of President-elect Joe Biden next week, two regional passenger rail carriers have announced service changes. The Maryland Department of Transportation stated it was halting traffic on three MARC lines from Jan. 17th to the 20th. Virginia Railway Express (VRE) said it will not operate trains Monday, Jan. 18 through Jan. 20 as well, citing security concerns.

DHS continues to weigh the emergency order request from the unions to implement a “No-Ride List” despite Batory’s rejection of the unions’ emergency order request and FRA’s failure to act.

SMART-TD Wins Another Victory in the Crew Consist Battle

On January 8, 2021, Arbitrator Wendell Bell issued his arbitration award regarding the process and procedure in arbitrating the Carriers’ (UP, BNSF, NS & KCS) attack on the Crew Consist Moratoria.

The arbitration, known as a “Procedural Public Law Board,” had the purpose of determining the terms of how any primary arbitration should proceed. Procedural PLBs 7959, 7960, 7961 & 7962 were a result of SMART-TD’s efforts disputing the improper action of the Railroads to prematurely re-open crew consist negotiations before the appropriate moratorium expired.

SMART-TD argued the Carriers improperly served their Notice to Arbitrate and failed to properly conference their suddenly new-found interpretations of the moratoria. SMART-TD not only prevailed in these arguments, it also secured a ruling ensuring the terms of the next round of arbitration will be conducted properly.

In a fairly dense 35-page award, which cited U.S. Supreme Court and numerous lower-court decisions along with several arbitration awards, the Procedural Arbitrator set May 1, 2021, for the next round of arbitration, dependent upon funding approvals by the National Mediation Board. As currently constructed, the National Mediation Board consists of two Republican members appointed by President Donald Trump and one Democrat member. It is expected the make-up of the Board will change shortly once the nominations by President-elect Biden are confirmed by the U.S. Senate. Whether those changes will be able to take place prior to the selection of the next arbitrator or May 1st is unknown.

The railroads’ efforts to swiftly force a change to crew consist while still under the railroad-friendly Trump Administration is now unlikely due to the unwavering effort of SMART-TD. Since October 2019, when the railroads first ignited this fight, SMART-TD has defended our agreements against this attempted subversion by the carriers. We have and continue to tirelessly fight for our members’ livelihoods.

SMART-TD members can rest assured that their union will continue to fight to protect your crew consist agreements and livelihood, while seeking to secure the opportunities of the future in the rapidly changing and technology-laden railroad industry.

Security concerns change Biden’s Amtrak plans

President-elect Joe Biden has decided not to take Amtrak to his inauguration ceremony after security concerns intensified following the Jan. 6, 2021, insurrection at the U.S. Capitol, CNN reports.

Biden had planned a journey similar to the one he had taken from Delaware to D.C. as a U.S. senator when he commuted daily on the passenger rail carrier. He also took a ride on Amtrak into D.C. for his 2009 inauguration for his first vice presidential term.

However, the attack on the U.S. Capitol and additional threats detected by federal agencies led to the cancellation after Biden had initially announced his intention to take the train.

Read more on CNN.

Fundraiser established for Local 1846 member who passed from COVID

Angel Lomeli, a 14-year member of our union, passed away Jan. 5, 2021, from COVID-19. He was 48 years old.

Lomeli

Brother Lomeli was a member of Local 1846 (West Colton, Calif.) and worked as a trainman for Union Pacific.

“God gained the absolute best angel today, we miss you, but a soul as beautiful as yours will never be forgotten,” his family wrote on a memorial fundraiser page in his memory.

He is survived by his wife, five children and four grandchildren.

An online fundraiser has been established to assist Brother Lomeli’s family.

The SMART Transportation Division offers its deepest condolences to Brother Lomeli’s family, friends and his brothers and sisters out of Local 1846.

Rail unions petition Homeland Security to enhance passenger rail security after U.S. Capitol insurrection

CLEVELAND, Ohio (Jan. 13, 2021) — The leaders of two of the nation’s largest railroad worker unions urgently petitioned the Department of Homeland Security (DHS) in a letter Jan. 13 to enact a “No-Ride List” on passenger rail carriers after the deadly Jan. 6 insurrection in Washington D.C.

The International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) demanded that the DHS take immediate executive action to tighten passenger rail security in line with aviation security overseen by the Federal Aviation Administration (FAA).

“Even as of this hour, the only real requirement for a person to board a train is simply to have a ticket; nothing more, nothing less. There is no screening process. There is no TSA. And there are no significant statutes or regulations to penalize those willing to interfere with a train’s crew or to do harm on a train, especially not when compared to the airline industry,” Presidents Jeremy R. Ferguson of SMART-TD and Dennis R. Pierce of the BLET said in their emergency order request.

SMART-TD and BLET urge that DHS implement a “No-Ride List” that mirrors FAA’s No Fly List immediately by expanding 49 U.S.C. §114(h) to include the Federal Railroad Administration (FRA) and passenger rail carriers.

“By granting an extension of the statute and giving access to the FRA and rail carriers, there will be, at minimum, a line of protection against those known to pose a threat from utilizing rail to manipulate the country’s transportation system, and it will mitigate against unwanted, aggressive interaction or attacks on train crews,” the presidents wrote.

The petition to DHS for an emergency order follows a similar petition sent Jan. 11 to FRA urging it to act to prevent security vulnerabilities and to protect those who ride — as well as the essential workers who operate — passenger rail service in and around the nation.

Read the Emergency Order Request (PDF).

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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 different crafts, including as bus and commuter rail operators, in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

Rail unions petition FRA to protect Amtrak passengers, personnel after U.S. Capitol insurrection

CLEVELAND, Ohio (Jan. 12, 2021) — The leaders of two of the nation’s largest railroad worker unions urgently petitioned the Federal Railroad Administration (FRA) and Department of Homeland Security (DHS) in a letter January 11 to prevent security vulnerabilities and to protect those who ride — as well as the essential workers who operate — Amtrak passenger rail service in and around the nation’s capital after the deadly Jan. 6 insurrection.

The International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) demanded that FRA and DHS take immediate executive action to tighten security and enhance punishments, and to increase personnel to a level that brings passenger rail security more in line with aviation security overseen by the Federal Aviation Administration (FAA) as the threat of political violence swirls.

“Realizing years of neglect cannot be fixed overnight, we are demanding that significant changes to passenger rail protocol be granted immediately to protect against the imminent threat of danger that exists today,” Presidents Jeremy R. Ferguson of SMART-TD and Dennis R. Pierce of the BLET said. “It is our recommendation, as a minimal standard, that any regulation granted to prohibit the interference of a train crew’s duty be in line with that of aviation statutes and regulations.”

Suspected insurrectionists continue to threaten further violence as the transition to President-elect Joe Biden’s administration approaches next week. Some of these have been relegated to the No Fly List overseen by FAA, preventing them from traveling by air, but no such restriction exists for the national passenger rail network. SMART-TD and BLET urge that a “no-ride” list that mirrors FAA’s list be enacted immediately.

Similarly, train stations lack security. Absent the screening protocols similar to those provided by the Transportation Security Agency (TSA) at the nation’s airports, armed riders with malicious intent could board an Amtrak train with weapons, putting passengers and rail workers at risk of injury or death. To remedy this, SMART-TD and BLET call for an additional law enforcement presence in the form of Amtrak police or, if manpower is insufficient, requests the Department of Justice or Department of Homeland Security bring in U.S. Marshals or TSA agents to take measures approaching those enacted by the airline industry.

A proportional presence of workers in the passenger compartments of Amtrak trains similar to that in the airline industry, with at least one conductor or assistant conductor present per 50 riders aboard also can enhance safety and the response aboard the train if an emergency does occur.

“SMART-TD is committed to safety, and we will accept nothing less. Our men and women risk their lives every single day as critical infrastructure employees in the railroad industry,” Ferguson said. “They have no way of knowing if an individual is violent, armed, or much less already flagged as a known risk to safety via the TSA’s No Fly List. Every encounter could serve as an agitation or provocation of an already aggravated individual to attack.

“Our members deserve better and the traveling public deserves better. We are willing and able to work with all applicable agencies to achieve this goal, but it must be done today.”

“Railroad workers have continued to serve the needs of the traveling public during these difficult times,” BLET President Pierce said. “Our members are hardworking Americans who put their lives at risk each day in the performance of their duties. In the aftermath of the violence in our nation’s capital last week, our members and the traveling public deserve increased protection during this time of ongoing political unrest. We stand ready to assist FRA, TSA and Homeland Security to help ensure the safety of our members and the traveling public.”

Read the PDF of the Emergency Order petition from the unions.

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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 different crafts, including as bus and commuter rail operators, in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

Norm Patterson Jr., LCA-020 vice local chairperson, passes away from cancer

Norman “Norm” Patterson Jr., 52, of Lubbock, Texas, vice local chairperson of LCA-020 and a member of Local 9 (Slaton, Texas), passed away Jan. 5 after a battle with cancer.

Patterson

A member of our union since 2006, Brother Patterson was a conductor for BNSF, and he had served as a vice local chairperson since 2014.

“He was very involved in his union and was always there to help his fellow brothers,” his family stated in his obituary. “If you were lucky enough for Norm to call you his friend, you were his true friend for life.”

Brother Patterson took great pride in his railroad job, his family wrote.

A memorial gathering to remember Brother Patterson is to occur in July. He is survived by his wife of almost 30 years, Brenda, and two sons, Austin and Tristan. He was preceded in death by his son, Hunter Ryan, who passed away in 2016 as a result of a car accident.

SMART Transportation Division offers its sincere condolences to Brother Patterson’s family, his brothers and sisters in Local 9, the SMART-TD members he was proud to represent in LCA-020, and to all those who knew him.

Click here to read the full obituary.