Archive for the ‘Two-person crews’ Category

N.J. SLD Sabol meets with DOT Secretary Buttigieg

 
New Jersey State Legislative Director Ron Sabol met with federal Department of Transportation Secretary Pete Buttigieg in Westfield, N.J., an encounter that was later featured in a video produced by the DOT and then shared on Buttigieg’s official Twitter account in conjunction with Labor Day on Sept. 6.

Sabol, of Local 1447 (Newark, N.J.), met Buttigieg, the former mayor of South Bend, Ind., on Aug. 9 and discussed his career as a freight rail conductor, remote-control operator and as a SMART-TD union officer.

“I got involved in my union right away, and that’s because of safety,” Sabol told Buttigieg. “Railroading is the most dangerous job in the country.”

A member of the SMART-TD National Safety Team, N.J. SLD since December 2016, and also his local’s president, Sabol reminded the Transportation Secretary of something that sometimes is lost among the public.

“Our railroads and bus operators, which we represent as well, they’re first responders,” he said.

Sabol recalled the efforts made by TD members to help evacuate people in tunnels during the Sept. 11, 2001, terrorist attacks on New York City.

“They’re heroes.”

Sabol also said that the passage of infrastructure legislation will improve with an expansion of service, better accessibility to riders and improved safety for a number of TD members.

“The best part of my job is being able to help people,” Sabol said. “As you the mayor were able to help all those people, I do it at a different level with a different group of people.”

Buttigieg’s Department of Transportation and the Federal Railroad Administration will be increasingly important as regulatory efforts develop to make the Rule of 2 — a certified conductor and certified engineer — enforced on freight trains throughout the United States.

The Biden administration announced earlier in the year that FRA is revisiting the Notice of Proposed Rulemaking regarding freight train crew size and would be prioritized at some point in the autumn.

Senate bill benefits Amtrak, bus, transit members

WASHINGTON, D.C. — The U.S. Senate today passed the Infrastructure Investment and Jobs Act, its $1.2 trillion bipartisan legislation, by a 69-30 vote, sending the bill to the U.S. House of Representatives for consideration and taking a step to end a substantial period of largely flat federal investment in the nation’s roads, rails and bridges.

The bill contains $786 billion to address a backlog of national infrastructure needs, $66 billion for Amtrak and $39 billion for public bus, transit and subway systems.

“This legislation marks the end of a long period of stagnation in the upper chamber of Congress when it comes to putting additional money into the nation’s infrastructure,” SMART Transportation Division National Legislative Director Greg Hynes said. “There was a lot of talk of Infrastructure Week and the like in prior years, but nothing ever was accomplished with the bills dying in the Senate. Now we see a strong effort to protect bus and transit workers to shield them from assaults and a major influx of money that will allow Amtrak to provide expanded service and help its national passenger service to flourish. These are very encouraging signs and the bill’s passage is a major win for our Amtrak, bus and transit members.”

Absent from the Senate bill was a two-person freight crew provision that was passed through the U.S. House of Representatives’ infrastructure bill known as the INVEST in America Act (H.R. 3684). Yardmaster hours of service, also in the INVEST Act, suffered the same fate.

The 10 bipartisan senators who authored the Infrastructure Investment and Jobs Act did not include those items when writing the more than 2,700 pages of the legislation, and no amendment adding a 2PC provision was introduced by senators as the bill was considered for passage. Only bipartisan amendments were considered during the amendment process, and no Republican senators offered to co-sponsor the two-person-crew or yardmaster hours of service items as an amendment.

This does not close the door on national two-person crew bill efforts with House leaders, including Transportation and Infrastructure Committee Chairperson Peter DeFazio, Railroad Subcommittee Chair Donald Payne and other supporters of rail safety, working to find a vehicle to get a legislative solution passed. Regulatory efforts via the federal Department of Transportation and the Federal Railroad Administration will be intensified.

“We ask that members continue to be loud and clear about rail safety and the importance of a certified conductor and certified engineer being in the cab to elected officials via phone call, letter, and email and also by raising public awareness on social media,” Hynes said. “We have come further than we ever have in getting national two-person crew legislation accomplished this cycle. The battle is not over, and there is much more to be done.”

NLD Hynes: Contact Congress to have Rule of 2 included in Senate infrastructure bill

You’ve probably heard in the news over the past few days that the U.S. Senate has agreed on a new bipartisan infrastructure package. This article is to provide facts, highlight the ongoing differences between the House’s infrastructure bill and the Senate’s infrastructure bill, show where we stand and what can be done to step up as we fight for public and worker safety and for the Rule of 2 — a certified conductor and engineer in the cab of freight locomotives.

  1. The bipartisan infrastructure bill is a product of the Senate, where a bill needs a simple majority to pass — that means 51 votes. However, unless a bill has 60 senators in solid support, it is vulnerable to a filibuster by any who oppose the bill and thus cannot pass. This bipartisan bill has been a big deal in the news because something is being done about the nation’s infrastructure as some senators from both parties came up with a bill by working together after a long, long period of partisan gridlock on Capitol Hill. Let’s remember that this Senate bill has only been in existence since last Sunday, Aug. 1 — about three days — and things can change quickly.
  2. While the news of this Senate bill is good in some ways because of its increased funding for Amtrak and transit and protections of bus members, the bill lacks the two-person crew provision that appeared in the INVEST in America Act that we worked to get passed by the U.S. House in July.
  3. The House gets a chance to make additions, subtractions, and changes to anything the Senate passes in what is known as the conference process. Be assured that our allies in the House will fight to have portions of their bill reinstated that were left out of this Senate bill, but, as it was when we first passed two-person crew legislation out of the House in 2020, the divided Senate remains an obstacle. Already, we have come farther than we did last year, and this is thanks to involvement from our membership as well as how we improved conditions for success in November 2020.
  4. So the door is NOT CLOSED on a legislative solution from Congress coming through with this bill. A senator could amend the bill to add the two-person crew provision before a vote. The conference process also takes time, and we have strong allies in the U.S. House in Transportation Chairman Peter DeFazio and Rail Subcommittee Chairman Donald Payne who worked to get the 2PC provision in the INVEST Act both times it passed the House. But it’s not DeFazio, Payne or the U.S. representatives who already voted in favor of the INVEST Act’s two-person crew provisions that we need to convince. Republican senators who helped to craft the “bipartisan” Senate bill didn’t include the provision in accordance with the wishes of their railroad industry allies.

So what can you do to help?

We need to be loud and persistent. We need all of you to help. With the work being done right now in Washington D.C. on the legislative, and later this year, on the regulatory channel, now is the time to mobilize across the nation to step up and get the Rule of 2 across the finish line. Red state, blue state, purple state, north, south, east and west. We need to call. We need to email. Share the image above on social media. We need to explain to people in Congress, especially senators:

  • That public and worker safety is non-negotiable. That lives have been saved because of the presence and combined actions of a conductor and engineer working together. That the people in the freight locomotive provide the same safety functions and duties as a pilot and co-pilot on an airliner. By disregarding the 2PC provision, American lives are going to be endangered.
  • That the two-person crew component within the original INVEST in America Act MUST be included as the Senate considers this bill. Anything less ignores rail worker safety and community safety, jeopardizes jobs and lets the railroads and their profiteering Wall Street masters dictate what they say is safe rather than what we KNOW is safe.

We have resources such as the LAC set up to message people. There are grassroots networks such as the Fight for Two Person Crews group on social media who can provide collective strength. We need to stand up and not be silent waiting for other people to do the work as we embark upon both the legislative and the regulatory paths to make the Rule of 2 the law of the land.

Keep in mind that second path — the regulatory one — to secure the Rule of 2 is via the Federal Railroad Administration where the agency would promulgate a rule establishing a minimum crew size. Under President Biden, FRA has announced that a reopening of examining a rule concerning crew size would be a priority of the agency this autumn as it attempts to fill the regulatory vacuum that was created under the prior administration.

More about that will be shared as time goes on, but we are farther along the legislative path than we ever have been. We need to use our collective voices to get our message out to Congress.

Let’s continue to persist, step up, go forward and get the word out to Congress. Please get in touch with your senators and talk about the Rule of 2.

In solidarity,

 

 

 

 

 

 

Greg Hynes
National Legislative Director — SMART-TD

Arbitrator finds that Section 6 bargaining regarding crew consist can begin

On July 28, 2021, a Neutral appointed by the National Mediation Board issued his ruling finding that on certain railroad properties, the current moratoria in those crew consist agreements do not prohibit the railroads from serving a Section 6 Notice regarding crew size. The properties affected or having no current moratorium include certain properties at BNSF, UP, NS and CN Railroads. Other properties not currently affected or involved may also be included in the future as moratoriums naturally expire. Please contact your local chairperson or general chairperson for specific details regarding your terminal or district.

The ruling comes after a nearly two-year battle between SMART-TD and the National Railway Labor Conference over the moratoria provisions and their effect. The arbitration was one of the largest conducted by SMART-TD and its predecessor union, UTU, in decades.

The ruling does not eliminate any current crew consist provision or requirement. The only thing it does is to open the door for bargaining to occur. The moratoria that previously prevented any mandatory bargaining on crew consist were predicated on the last remaining employees having hired on the railroad previous to the 1980’s. Today, less than 100 of these employees remain nationwide, and most are at, or near retirement age. 

Once a Section 6 is served, the Railway Labor Act requires both parties to engage in mandatory bargaining. The Act, however, does not mandate any particular outcome in such negotiations, it merely provides a process. In the event parties reach an impasse, the Act contains methods to avoid disruption to commerce through mandatory mediation and possibly intervention from the President of the United States and the U.S. Congress.

SMART-TD remains committed to protecting the jobs of today, as well as securing the jobs of the future. While only some General Committees will be involved in bargaining, the full support and effort of the International in assisting those Committees will continue.

DeFazio on PSR: ‘Wall Street’s goal is to get wealthier — no matter the impact’

U.S. Rep. Peter DeFazio of Oregon, chairman of the House Transportation and Infrastructure Committee, responded to a recent Fortune Magazine column by a pair of economists who defended the rail industry’s Precision Scheduled Railroading (PSR) scheme and accused unions of hampering productivity.

DeFazio

DeFazio, along with New Jersey Rep. Donald Payne Jr., who is chairman of the Subcommittee on Railroads, Pipelines and Hazardous Materials, were two of the main architects of the INVEST in America Act (H.R. 3684), a surface transportation reauthorization bill that encompasses substantial investment in the nation’s infrastructure as well as in the safety of the people who keep the country moving that passed the U.S. House on July 1.

“PSR is not some fancy optimization strategy to increase freight volume or improve operations and reduce emissions; rather, it is a business strategy promoted by Wall Street to boost short-term profits,” DeFazio wrote.

He noted in his column that shippers, communities and the rail workforce all have been negatively affected by PSR.

“Let’s not forget that prior to COVID-19, from 2015 to 2019, the freight railroad industry slashed the average size of its workforce by over 17%,” DeFazio wrote. “It’s little wonder that STB Chairman Martin Oberman has sought information about how such a reduction may be related to or contributed to recent shipper complaints.”

Read DeFazio’s full column.

The INVEST in America Act looks to protect bus and transit workers from assault, improve school bus safety and maintain safe freight rail operations. It contains increased funding for Amtrak passenger rail service and protects the environment, the public and rail workers alike by putting into law the Rule of 2 — that, like a pilot and co-pilot in the air — a certified engineer and a certified conductor remain present in the cab of freight trains when operated through the nation’s communities.

The bill is under consideration by the U.S. Senate, and SMART-TD members are encouraged to send messages to their senators to pass H.R. 3684 for the sake of public and worker safety.

Timebook suggestions sought

Members have been able to spend half a year now with the 2021 SMART-TD bus and rail timebooks that were revised last year with membersʼ input.

Weʼre sure there are things you like about the revisions and things that you would want to have changed about the timebooks so they are of the best use to you.

Now through August is your chance to make suggestions for any changes or improvements to the books with mid-September the deadline for local officers to place their orders for the 2022 edition.

Please send improvement suggestions in to Dora Wolf in the Updating Department at dwolf@smart-union.org.

SMART-TD arbitrates crew-consist dispute

On June 15 and 16, 2021, the simmering dispute between the SMART Transportation Division and carriers over crew consist finally reached arbitration before neutral party John LaRocca in Sacramento, Calif.

Class I railroads BNSF, UP, NS and KCS initiated a claim in October 2019, just prior to the opening of the current round of national contract handling, that asserted the moratorium provisions of various local agreements no longer barred the service of a Section 6 notice regarding the topic of crew consist.

At the arbitration, 13 SMART-TD General Committees presented their arguments against the National Railroad Labor Conference (NRLC), which represented the railroads involved.

The arbitration hearing was a result of a long court battle in which it was determined that the question of whether the moratorium language in the various agreements barred serving a notice was a “minor dispute” within the meaning of the Railway Labor Act and would have to be arbitrated.

The moratoriums were a result of negotiations in the late 1970s and early 1980s when the parties involved decided to lay to rest negotiations over crew consist until the last covered employee voluntarily separated. Despite the fact that the event has not occurred, the carriers have taken the position that the language of the moratoriums cannot be read to now bar negotiation over crew consist.

The railroads are seeking to bypass the agreed-upon wait time that bars such negotiation and to seek crew size changes now. SMART-TD argued that the language and intent of the moratoriums clearly bars any negotiation on crew consist until the last person standing is gone.

The arbitration was the largest conducted by the union in decades and was presented by a combined team of the SMART-TD International, SMART-TD Legal Department and multiple General Committees. A decision on the issue is expected by September 2021.

A ruling by LaRocca in favor of SMART-TD would leave current crew-consist agreements closed from negotiations until the expiration of the moratoriums. A ruling by LaRocca in favor of the carriers would open these agreements up for negotiation on the respective properties as the current round of national contract discussions continues.

TD leaders praise House passage of INVEST Act

CLEVELAND, Ohio (July 1, 2021) — SMART Transportation Division leaders expressed their appreciation as the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act (H.R. 3684) successfully passed out of the U.S. House of Representatives, 221-201, on July 1 with two-person crew and other transportation safety provisions important to TD members remaining intact.

“This bill is a great step ahead for the country as it works to repair years of inattention given to the country’s infrastructure,” SMART Transportation Division President Jeremy R. Ferguson said. “The INVEST Act also pays heed to many safety concerns expressed by labor — the essential workers who helped move our nation through the COVID pandemic — bus operators, freight rail workers and transit workers. We thank Peter DeFazio, Donald Payne and all those in the House Transportation and Infrastructure Committee who spurred H.R. 3684 to passage in the full House, and we now look ahead to consideration in the Senate and beyond.”

The INVEST Act is a surface transportation reauthorization bill that encompasses substantial investment in the nation’s infrastructure as well as in the safety of the people who keep the country moving. H.R. 3684’s components look to protect bus and transit workers from assault, improve school bus safety and maintain safe freight rail operations. It contains increased funding for Amtrak passenger rail service and protects the environment, the public and rail workers alike by putting into law the Rule of 2 — that, like a pilot and co-pilot in the air — a certified engineer and a certified conductor remain present in the cab of freight trains when operated through the nation’s communities.

“We’re very pleased that the House has wisely moved ahead today on the legislative path to ensuring that rail safety’s Rule of 2 is maintained with the INVEST in America Act, and that the bus safety provisions, Amtrak funding and other rail safety components stay in the bill,” SMART-TD National Legislative Director Greg Hynes said. “Now, similar to last year, the time has come to make it crystal clear to senators who might be on the fence that the safety aspects within this bill are not up for negotiation.”

“We truly thank and appreciate those legislators who supported the INVEST Act in its journey through the House and who listened to what we had to say,” Ferguson said. “There is more work to be done and a path to be cleared for this legislation in the Senate, and the members and officers of our union are ready to put in the time.”

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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.

Biden-Harris administration offers two paths to the Rule of 2


The paths to the Rule of 2 are open.
Path 1: The INVEST ACT (H.R. 3684, the House Infrastructure Bill) and Path 2: a regulatory priority of the Department of Transportation (DOT) and the Federal Railroad Administration (FRA) to revisit freight crew size.

U.S House Transportation and Infrastructure (T&I) Chairman Rep. Peter DeFazio (D) of Oregon and Railroad Subcommittee Chairman Rep. Donald Payne Jr. (D) of New Jersey, both allies to the cause of safe rail operations, said this about the intention of the Biden-Harris administration to prioritize freight-crew size:

“This announcement by the Biden administration is welcome news for both the safety of railroad workers and the public,” DeFazio said. “I encourage the administration to align their proposals with the INVEST in America Act, which requires the risks be fully understood before allowing LNG to be transported by rail tank car and sets reasonable crew size requirements.”

“The two-crew rule will prevent accidents from occurring and save lives,” Donald M. Payne Jr. said. “The airline industry has required two pilots per flight for years and it has helped protect millions of passengers from harm. Two-person crews in the freight rail industry will protect freight trains and communities from a dangerous derailment. I applaud the Biden administration for continuing the great work of the Obama administration and supporting this policy nationwide.”

SMART-TD asks members to remain informed of the progress of the INVEST Act with its two-person crew requirement in the coming weeks and to be ready to get the word to their senators and to FRA about how both the conductor and the engineer are essential in safe rail operations in our country when the time comes.

INVEST Act passes committee with safety measures, including two-person crew, intact

After a session that began the morning of June 9 and carried on overnight into the pre-dawn hours of June 10, the INVEST in America Act passed out of the U.S. House Transportation and Infrastructure Committee with two-person crew and other provisions important to SMART Transportation Division members intact.

“We are one step closer to success,” SMART Transportation Division National Legislative Director Greg Hynes said. “This was a marathon session, but one that had the best possible outcome for our members. We thank the committee members for their work and now turn our focus to getting the legislation’s passage in the full House.”

The bill, H.R. 3684, a five-year, $547 billion surface transportation reauthorization bill, now moves to the full House for consideration after passing the committee 38-26. Two Republicans, Brian Fitzpatrick of Pennsylvania and Jenniffer Gonzalez-Colon of Puerto Rico, voted along with 36 Democrats on the committee to pass the bill.

Peter DeFazio, chairman of the U.S. House Transportation and Infrastructure Committee, bangs the gavel after passage of the 2021 INVEST in America Act on June 10. (Screen capture from House T&I Committee YouTube)

“I commend my colleagues for their hard work helping craft these two bills to deliver what Americans expect and deserve: safe roads and bridges, reliable transit options and a robust passenger rail network, wastewater systems that aren’t on the brink of failure, and a commitment to address the existential threat of climate change,” said Chair Peter DeFazio (D-Ore.). “In many ways, the choice couldn’t be easier—because the best part of rebuilding our infrastructure for the modern era is the incredible opportunity for our nation that comes with it. We’re talking millions of good-paying jobs that can’t be exported, real and sustained support for U.S. manufacturing, and the chance to make our nation a world leader once again. This is a once-in-a-generation opportunity that we can’t afford to miss.”

H.R. 3684 contains many provisions important to SMART-TD members.

The bill triples funding for Amtrak to $32 billion, allowing for enhanced service, ADA upgrades, and investments to renew and support service on the Northeast Corridor and long-distance and state-supported routes. Similar to a 2020 version of the bill, provisions of the legislation mandate two-person freight rail crews and take steps to address the problems of bus operator and transit worker assault as well as other issues faced by SMART-TD’s bus, rail and transit members.

Early Thursday, U.S. Rep. Scott Perry of Pennsylvania withdrew Amendment 091 that would have struck the two-person crew freight requirement.

Before his withdrawal, Perry argued in a glitchy video that Positive Train Control and technology made creating a federal crew standard unnecessary.

“It should be one or the other, not all the technology and then also with all the manpower. All it does is add additional cost to the freight rail system and the cost to consumers,” he said before his withdrawal.

The INVEST in America Act and how it protects TD members

A surface transportation reauthorization bill introduced June 4 by chair of the House Committee on Transportation and Infrastructure Peter DeFazio (D-Ore.) has a wide-reaching positive impact for members of the SMART Transportation Division.

Mostly mirroring the identically named INVEST in America Act that passed the U.S. House of Representatives last summer but died in the Republican-held Senate, the 2021 version known as H.R. 3684 is a $547 billion five-year surface transportation bill with a two-person freight crew provision and encompasses other issues important to all TD members.

“Chairman DeFazio, Rep. Eleanor Holmes Norton and Rep. Donald Payne once again proved that they are receptive to the safety of and the needs of all SMART Transportation Division members,” SMART Transportation Division President Jeremy R. Ferguson said. “Every one of our members has a stake in this bill and in the protections and actions this legislation puts forth. We are thankful for the representatives’ work, and we support this effort to move the transportation industry ahead.”

The bill directs federal investments in roads, bridges, transit, and rail, re-imagines national transportation policies and helps put President Joe Biden’s American Jobs Plan that invests in American workers and communities into motion.

“The benefits of transformative investments in our infrastructure are far-ranging: we can create and sustain good-paying jobs, many of which don’t require a college degree, restore our global competitiveness, tackle climate change head-on, and improve the lives of all Americans through modern infrastructure that emphasizes mobility and access, and spurs our country’s long-term economic growth,” DeFazio said.

Of particular importance to TD members are the portions of the INVEST in America Act that cover bus, transit and freight rail.

“This bill is all-encompassing — seeking redesigns of bus operator compartments so that drivers are more protected, protecting transit workers from assault and looking into school bus safety. The representatives also heard our voices regarding almost every one of the concerns we have about the current state of the railroad industry — crew size, train length, the utility of Positive Train Control and safety investigations — to name a few,” National Legislative Director Greg Hynes said. “Elections have consequences, and with this legislation, we now have an avenue where many matters that are important to us can be resolved.”

What follows is a recap of some of the provisions within the bill most important to SMART-TD members:

Amtrak

  • The bill triples funding for Amtrak to $32 billion, allowing for enhanced service, ADA upgrades, and investments to renew and support service on the Northeast Corridor and long-distance and state-supported routes.

Bus

  • Creates a Federal Transit Administration (FTA) training center modeled on the successful National Transit Institute, but with a frontline employee mandate to focus on training for new technologies, safety and emergency preparedness.
  • Expands FTA’s safety plan to include a focus on passenger and personnel injuries, assaults, and fatalities; a risk management process to address transit worker assaults; a joint labor/management safety committee empowered to approve the safety plan; and a comprehensive frontline workforce training program on safety and de-escalation.
  • Prevents a transit agency from deploying an automated vehicle that duplicates, eliminates, or reduces the frequency of existing public transportation service or a mobility on demand service. Transit agencies considering transit automated vehicles and mobility on demand service are required to develop a workforce development plan describing how the automated vehicle will affect transit workers. Ensures transit workers are given fair notice if their job is jeopardized by a transit automated vehicle or mobility on demand service.
  • Authorizes FTA research on redesigning bus driver compartments to improve driver visibility, expand driver functionality, and reduce driver assault.
  • Directs the Transportation secretary to review the costs and benefits of requiring lap/shoulder belts in large school buses and to consider requiring seat belts in newly manufactured school buses. Requires newly manufactured school buses to be equipped with automatic emergency braking and electronic stability control systems. Directs the secretary to conduct research and testing on fire prevention and mitigation standards—including firewalls, fire suppression systems, and interior flammability and smoke emissions characteristics—for large school buses and consider issuing updated standards.

Freight rail

  • Requires the federal Department of Transportation (DOT) rescind any special permit or approval for the transport of liquified natural gas (LNG) by rail tank car issued before the date of enactment. Also prohibits DOT regulations on the transport of LNG by rail tank car from taking effect until DOT conducts a further safety evaluation. Directs the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA) to initiate an evaluation of the safety, security, and environmental risks of transporting LNG by rail.
  • Improves rail safety by addressing highway-rail grade crossing needs.
  • Requires a study on the effects of long trains.
  • Requires FRA to increase its roster of rail safety inspectors by 20 percent.
  • Requires FRA to collect data on train length and crew size when an accident occurs.
  • Requires the creation of a standardized FRA safety investigation process.
  • Requires FRA to engage in a public process before granting waivers from, or suspensions of, railroad safety standards and regulations.
  • Creates a federal blocked crossing program to collect data and enforce a 10-minute blocked crossing limit.
  • Has a two-person crew freight train mandate that, like the 2020 bill, has some exemptions for short lines and train length. These are:
    • The train operations are not on a main line.
    • The train does not exceed a maximum speed of 25 mph on territory with an average track grade of less than 2% for any segment of track that is at least two continuous miles.
    • The locomotives are performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including to or from the location where assistance is provided.
    • The locomotives are not attached to any equipment (except a caboose) and do not travel further than 30 miles from a rail yard.
    • A location where one-person operations were being utilized one year prior to the date of enactment of this bill, only if the DOT Secretary determines that the operation achieves an equivalent level of safety.

    Short-line exception
    In addition to the above, a train may be operated with a reduced crew, if the carrier has fewer than 400,000 total employee work hours annually and an annual revenue of less than $20,000,000.

    A train must be operated by a two-person crew (no exception), if:

    • It is transporting one or more loaded cares carrying material toxic by inhalation.
    • It is carrying 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block.
    • It has 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout its consist.
    • It is 7,500 feet in length or longer.
  • Has a cross-border provision for the southern border of the U.S.
  • Makes yardmaster employees subject to FRA’s hours of service protections.
  • Directs the FRA to take such actions as are necessary to ensure that certain older air brake control valves are phased out on rail cars operating in cold regions of the United States, an issue brought to light by SMART-TD leadership in 2019.
  • Directs the DOT to require railroad carriers to regularly report on failures of positive train control (PTC) systems.
  • Directs the Secretary of Transportation to issue a final rule on fatigue management plans within one year.

Transit

  • Establishes a working group to improve the musculoskeletal health of transit and commercial vehicle drivers by developing stronger ergonomic seating standards in transit and commercial vehicles. Requires the working group to compare design standards for women to those for men.
  • Provides funding for corridor planning and development of high-speed rail projects, reducing traffic congestion and shortening travel times.
  • Requires passenger and commuter railroad carriers to implement response plans and employee training in order to address assaults against both passengers and employees. The section also requires railroads to report annual assault data to FRA.

The bill is scheduled to be marked up by the U.S. House on June 9.

Read a section-by-section summary of the 2021 INVEST in America Act. (PDF)
Read the bill. (PDF)
Read a fact sheet about the bill. (PDF)

SMART-TD Leaders Pledge Support to 2021 INVEST in America Act

CLEVELAND, Ohio (June 4, 2021) – Leaders of the SMART Transportation Division today announced their full support of the 2021 version of the Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act.

DeFazio

The transformational $547 billion surface transportation reauthorization bill introduced today by House Transportation and Infrastructure Committee Chair Peter DeFazio of Oregon contains critical safety reforms for the bus, transit and freight rail industries. Similar to a 2020 version of the bill, provisions of the legislation mandate two-person freight rail crews and take steps to address the problems of bus operator and transit worker assault as well as other issues faced by SMART-TD’s bus, rail and transit members.

“Chairman DeFazio, Rep. Eleanor Holmes Norton and Rep. Donald Payne once again proved that they are receptive to the safety of and the needs of all SMART Transportation Division members,” SMART Transportation Division President Jeremy R. Ferguson said. “Every one of our members has a stake in this bill and in the protections and actions this legislation puts forth. We are thankful for the representatives’ work, and we support this effort to move the transportation industry ahead.”

“This bill is all-encompassing — seeking redesigns of bus operator compartments so that drivers are more protected, protecting transit workers from assault and looking into school bus safety. The representatives also heard our voices regarding almost every one of the concerns we have about the current state of the railroad industry — crew size, train length, the utility of Positive Train Control and safety investigations — to name a few,” National Legislative Director Greg Hynes said. “Elections have consequences, and with this legislation, we now have an avenue where many matters that are important to us can be resolved.”

A markup of the bill is scheduled to take place June 9.

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.