CLEVELAND (Nov. 23, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) are challenging Amtrak over its actions in implementing its COVID-19 vaccine policy without the bargaining mandated by the Railway Labor Act. The unions filed suit today against the nation’s passenger railroad in the United States District Court for the Northern District of Illinois, Eastern Division.
The suit is similar to claims filed by the SMART-TD and BLET against Union Pacific (UP) and Norfolk Southern (NS) and the BNSF Railway (BNSF) regarding their vaccine policies. The unions have taken the position that Amtrak has no authority to unilaterally implement and enforce a COVID vaccination mandate among its employees, and that its actions in failing to negotiate terms of implementation violate the status quo requirement of the Railway Labor Act, thus engendering a major dispute.
SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:
“Amtrak has ordered all employees to submit proof prior to December 8, 2021, that they have received at least one vaccine shot, and submit proof by January 4, 2022, that they have received their final vaccine shot, or they will be subject to termination of employment. Amtrak is directly dealing with its employees instead of negotiating with us over its unilateral mandate.
“We have several objections to Amtrak’s unilateral implementation of its policies mandating them and illegally dealing directly with its represented employees. We will continue to fight on behalf of all SMART–TD and BLET members in an effort to stop Amtrak’s lawlessness in its tracks.”
The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
In this photo posted to Twitter by Evan Courtney, Local 84 member Terrence Dicks, in blue, the Amtrak conductor who was aboard the Sunset Limited during a fatal gun battle Oct. 4, comforts a Tucson police officer at the scene.
A DEA officer was killed, as was a suspect, and two other law enforcement officers were wounded when gunfire erupted inside Amtrak’s Sunset Limited train the morning of Oct. 4 while it was stopped at the Southern Arizona Transportation Museum in Tucson.
One suspect was in custody, according to media reports, and none of the 137 passengers or 11 crew members aboard the train were injured in the incident, which authorities said was precipitated by a routine search for illegal contraband and drugs aboard the train.
The identities of the slain DEA agent, the injured officers nor the suspects were not released at the time of this article’s publication.
“We express our most heartfelt sorrow to the law enforcement brothers and sisters of the DEA agent who was killed in this senseless act of violence, and we wish for rapid recoveries for the two wounded officers,” said SMART Transportation Division National Legislative Director Gregory Hynes. “We also express relief that the incident in Tucson did not result in additional casualties among the passengers and crew who were aboard the train.
“But that such an incident happened during a routine stop and search exposes a great flaw in the security measures currently used on our nation’s passenger rail system. We again call upon Congress to enact measures that bring the level of security screenings aboard the nation’s passenger trains to where they are in the nation’s airports.”
“Strong unions built the great American middle class. Everything that defines what it means to live a good life and know you can take care of your family — the 40-hour workweek, paid leave, health care protections, a voice in your workplace — is because of workers who organized unions and fought for worker protections.”
The words above could have been written or spoken by any of thousands of union organizers or leaders across the United States in recent decades. They could be part of the narration to a union video or the rousing prelude to a call-to-action at a union rally.
But they aren’t. Instead, they come from the Biden-Harris 2020 campaign website, which is peppered with promises to stand with regular working Americans, support the creation of good union jobs and strengthen collective bargaining and worker organizing.
We know campaign promises are one thing… and post-election actions and reality are another. So, what has the Biden-Harris Administration done for workers thus far? Are they walking their pro-worker talk? Below is a summary of actions to help working Americans under the first 100 days of the Biden-Harris Administration:
President Biden Fired Aggressively Anti-Union NLRB General Counsel
Just hours after his inauguration, President Biden took the unprecedented step of firing the sitting general counsel of the National Labor Relations Board, Peter Robb, who had been blasted as an anti-union zealot. During Robb’s tenure at the NLRB, the board significantly expanded employers’ powers, allowing them to search workers’ cars and personal items, eject union organizers from public spaces, withdraw union recognition more easily, discriminate against union members in the workplace, thwart protests, and disregard the rights of workers at subcontractors and franchises, among other harm done to workers’ rights. His assistant, who took over in his place and shares the same views, was next in line to replace him. Biden terminated her immediately thereafter. One of Robb’s priorities had been to try and limit the legality of Project Labor Agreements. Two suits filed by Robb aimed to create new case law on PLAs, which would have had disastrous impacts on work hours for all construction union members. They were rescinded by Robb’s Biden-appointed replacement.
Biden-Harris Administration Issued Emergency Safety Protection Order
On Day 2, President Biden underscored that worker safety will be a top priority under his administration, signing an executive order directing OSHA to produce “clear guidance for employers to help keep workers safe from COVID-19 exposure.” This action aimed to save lives and protect workers who regularly face dangerous conditions while serving their communities during the pandemic. Strong enforceable standards built into the order require employers to develop workplace safety plans, implement science-based protection measures, train workers and report workplace COVID outbreaks.
Biden Appoints Amit Bose to Replace Former Rail CEO Ron Batory Atop FRA
On Jan. 21, President Biden appointed Amit Bose, who had served as deputy administrator for the Federal Railroad Administration (FRA) during the Obama administration, to the same position for his administration. Bose later was elevated to the position of FRA acting administrator and is in line to become the permanent FRA administrator.
“We’re excited to be working with Amit Bose,” said SMART Transportation Division National Legislative Director Gregory Hynes. “We’ve had several conversations and he understands and supports our issues. It’s a welcome new day for rail labor.
New Administration Set $15 Minimum Wage for Federal Contractors
President Biden signed an executive order that ordered the Office of Personnel Management (OPM) to establish a $15 minimum wage for all federal contractors.
President Biden Selected Union Steelworker to Lead OSHA
President Biden selected former United Steelworkers’ safety official James Frederick to lead the U.S. Occupational Safety and Health Administration (OSHA), signaling a commitment to tougher federal enforcement of workplace safety standards as the nation continues to battle a COVID-19 pandemic that has killed over 500,000 Americans. Frederick worked for 25 years in the Steelworkers’ health, safety, and environment department.
President Picked Building Trades Official to Lead Wage and Hour Division
Jessica Looman was the executive director of the Minnesota Building and Construction Trades Council before she was selected to head the Department of Labor’s Wage and Hour Division. She previously worked as general counsel for the Laborers District Council of Minnesota and North Dakota. In between, she served as the deputy commissioner of the Minnesota Department of Labor and Industry.
Her appointment is of particular importance and offers a very stark contrast with the previous administration, which issued an eleventh hour change to prevailing wage laws. If kept in place, the change would have had a disastrous impact on prevailing wages, pricing out high-road signatory contractors from projects. The change also would have given employers on public projects the leeway to pay someone performing commercial work the residential wage instead, which typically would be significantly lower.
President Selected Union Attorney to Lead FLRA
President Biden promoted union attorney Ernest Dubster to be the chairman of the Federal Labor Relations Authority (FLRA). This agency oversees disputes between the federal government and federal unions. Dubster previously worked as legislative counsel for the AFL-CIO and as a law professor teaching collective bargaining and arbitration.
President Fired Entire Anti-Union Federal Labor Board
President Biden’s work to rid the government of Trump’s anti-union appointees continued with his decision to oust the 10 members of the Federal Service Impasses Panel (FSIP). This panel decides contract disputes between federal unions and the government. It was stacked with anti-union picks that included leaders from the American Legislative Exchange Council, or ALEC, which crafts “right-to-work” (for less) legislation for state elected officials, as well as bills aimed at eliminating prevailing wages (including the infamous Act 10 bill in Wisconsin). The board also included appointees from the Heritage Foundation, and another individual from a top union-busting law firm. President Biden offered the 10 appointees the chance to resign, which eight did. The other two were fired. When those appointees were on the board, the government won 90% of the cases that came before the FSIP — meaning federal employee unions won only 10%.
President Biden Issued Buy American Executive Order That Closed Previous Loopholes
While the Trump administration used the right-sounding “Buy American” words and rhetoric, it never put into place policies to effect meaningful change regarding the purchase of American-made goods and services. Five days into office, President Biden signed an executive order that directed the federal government to strengthen its Buy American standards. This required more of the product to be made in the United States, cut red tape for buying these items, and made it easier for small and medium sized manufacturers to get federal contracts. The government spends about $600 billion a year on American-made products and is expected to add another $400 billion as part of Biden’s Build Back Better program.
President Named Far More Labor-Friendly NLRB General Counsel
The week after firing Peter Robb as NLRB general counsel, President Biden named Peter Sung Ohr as the NRLB’s acting general counsel. A career NLRB attorney, Ohr had been the board’s regional director of Region 13 in Chicago. Now as the NLRB’s top attorney, he gets to choose many of the cases the board hears and write directives that tell regional offices how the NLRB should enforce the law. In his first week on the job, Ohr repealed a dozen Trump-era anti-worker directives that had targeted unions. He also threw out a case that would have prevented unions from negotiating commonsense neutrality agreements with employers.
President Issued Order to End Federal Private Prisons
Near the end of his first week in office, President Biden issued an executive order directing the federal government to stop contracting with private prisons. Private prisons are for-profit ventures that reduce prison employee wages and take jobs from union corrections officers. Training and security standards are often much lower at private prisons. According to a 2012 study by The Sentencing Project, private prison employees earn an average of over $5,000 less than government employee prison staff and receive 58 fewer hours of training, leading to higher employee turnover and decreased prison security. In addition, a 2016 Justice Department report found that private prisons had a 28 percent higher rate of inmate-on-inmate assaults and more than twice as many inmate-on-staff assaults. According to the American Federation of Government Employees (AFGE), which represents employees with the Federal Bureau of Prisons, federal prisons staffed by union employees are “more cost-effective, more efficient and much safer than their for-profit counterparts.”
Biden Signed Executive Order Calling for Union Labor to Build New Climate Infrastructure
Realizing that the shift to clean energy is a tremendous opportunity to create jobs, President Biden signed an executive order directing the federal government to lead the way by focusing public dollars on American-made products, including renewable energy goods and clean vehicles, and that high labor standards be attached to every federal incentive for clean energy. The president also explicitly called for investments communities that produce coal and other fossil-fuels to create good jobs in new industries and by cleaning up abandoned mines and wells.
President Biden Signed Order Mandating Masks on Interstate Travel
President Biden underscored his commitment to the safety of air, rail and transit employees and passengers with a mask mandate that covers anyone who flies, takes a passenger train like Amtrak, or travels on busses such as Greyhound or Peter Pan that cross state lines. This order was followed up on January 29 by the Centers for Disease Control, as directed by the president, and imposes a mask requirement on all public transportation systems including rail, vans, bus and motorcoach services.
In an announcement of the order sent to Federal Railroad Administration stakeholders and partners on January 31, an FRA representative wrote the following: “Science-based measures are critical to preventing the spread of COVID-19. Mask-wearing is one of several proven life-saving measures, including physical distancing, appropriate ventilation and timely testing that can reduce the transmission of COVID-19. Requiring masks will protect America’s transportation workers and passengers, help control the transmission of COVID-19, and aid in re-opening America’s economy.”
Per Biden’s Order, OSHA Released New COVID-19 Safety Guidance
OSHA issued enhanced COVID-19 safety guidance to help employers and their employees implement a COVID-19 prevention program and better identify risks that could lead to exposure and infection.
Employee Advocate Appointed Senior Advisor on Unemployment Insurance
The Biden-Harris administration selected Michele Evermore for the newly created role of senior advisor on unemployment insurance within the DOL’s Employment and Training Administration. Evermore previously worked as a senior policy analyst at the National Employment Law Project, a non-profit that supports low-wage and unemployed workers. Evermore has been a prominent pro-worker voice throughout the pandemic, both as an expert in explaining the federal assistance available to workers, and as a vigorous advocate who addresses the inequities of unemployment assistance.
U.S. House Passed National Apprenticeship Act
With this new bill, union-sponsored registered apprenticeships will not only continue strengthening economic opportunities in every community, both large and small, they will also open pathways for more industries to recruit, train and expand productive and highly-skilled workforces.
President Biden Nominated Labor Attorney to Serve as NLRB General Counsel
President Biden appointed Jennifer Abbruzo, special counsel for the Communications Workers of America (CWA) and highly respected within the labor movement, to serve as the NLRB’s new general counsel. During her labor career, she provided legal counsel on numerous initiatives that advanced worker power. She previously served as deputy general counsel and acting general counsel at the NLRB. In her nearly 23 years with the agency, she helped to protect workers’ rights from numerous corporate attacks. Once confirmed, she will replace acting General Counsel Peter Sung Ohr.
Biden-Harris Moved to Eliminate IRAPs
In mid-February, the Biden-Harris Administration restricted funding for Industry Recognized Apprenticeships (IRAPs), an important step in rolling them back entirely. IRAPS are a dangerous initiative inspired by anti-union contractors aimed at undermining high-quality union apprenticeship programs and replacing them with a watered-down system of certifications. The IRAP program was the most serious political attack on building trades unions in over a generation. Cutting off IRAP funding is an important step in the fight to roll them back. Through his actions, President Biden took important steps to eliminate this existential threat to union apprenticeships. The Biden-Harris administration also brought back the Department of Labor’s Advisory Committee on Apprenticeship, which provides much-needed industry-based input on policy, quality assurance standards and equitable enforcement.
FRA Closed Comment Period on Proposed Rail Worker Fatigue Regulations
On Feb. 22, comments closed for a Notice of Proposed Rulemaking (NPRM) for which the Federal Railroad Administration (FRA) sought input on how to address the problem of rail worker fatigue. The regulations would require certain railroads to develop and implement a “fatigue risk management program” as one component of their larger safety programs. The notice and closing of the comment period shows movement by the Biden-Harris administration on a long-delayed component of the 2008 Rail Safety Improvement Act (RSIA), which requires railroads to create safety risk reduction programs to address the hazards that railroad workers face on a regular basis. SMART-TD filed its comments in conjunction with another union representing rail operating personnel ahead of the comment deadline.
Biden Signed Order Allowing Unions at DOD
The Defense Department employs about 700,000 civilian workers, about half of which are unionized. An executive order from the previous administration allowed the Secretary of Defense to eliminate collective bargaining rights for those employees at the DOD secretary’s discretion. An executive order by President Biden reversed this anti-union directive.
Biden Order Allowed DOL to Extend Unemployment Benefits to Those Who Refuse Work Due to COVID Concerns
Under the Biden-Harris administration, the Department of Labor released guidance extending unemployment benefits to workers who refuse to return to a job that is unsafe. The benefits eligibility now applies in circumstances where a worker refuses to return to work or accept an offer of work at a worksite that, in either instance, “is not in compliance with local, state, or national health and safety standards directly related to COVID-19.” These health and safety standards include those related to the wearing of face coverings, physical distancing, and the provision of personal protective equipment consistent with public health guidelines. This extended eligibility is specific to Pandemic Unemployment Assistance (PUA), a type of benefit created and federally funded by the 2020 CARES Act. PUA covers self-employed individuals, independent contractors, and other workers who are not covered by traditional unemployment insurance programs.
Major Court Victory for Freight Rail Labor Blocked Trump FRA Policy
In a legal victory that underscored the importance of electing presidents who will pick judges who understand worker issues, soon after President Biden was inaugurated, the United States Court of Appeals for the Ninth Circuit put common sense and safety ahead of profits and political favoritism. By vacating action by the Federal Railroad Administration (FRA) under the Trump administration to preempt all state laws and regulations concerning freight train crew size, the court ruling overturned one of the most blatant attacks on workers from the previous administration. While the decision was not a direct result of actions by the Biden Administration — the 3–0 ruling was made by judges nominated by Presidents George W. Bush, Barack Obama and Bill Clinton — the actions of President Biden and his appointees point toward a far more receptive audience in the nation’s capitol in the fight to maintain two-person crews.
Biden Announced Support for Amazon Organizing Drive
By announcing his support for Amazon warehouse workers in Alabama seeking to form a union, President Biden became the first president in over 70 years to come out strongly in support of a major union organizing drive. The last president who articulated this type of support was Franklin D Roosevelt. While the Alabama warehouse workers lost their election in April, the campaign — and the president’s public support — inspired them and other Amazon workers across the country.
House Passed Right-to-Organize Bill with White House Support
On March 9, the U.S. House passed the Protecting the Right to Organize Act, or PRO Act, which is the most significant worker empowerment legislation since the Great Depression. Among other improvements and reforms to outdated U.S. labor laws, it will:
Help ensure workers who win union recognition can reach a first contract quickly.
End employers’ ability to hire permanent replacements to punish striking workers.
Enhance the NLRB’s power to fine companies that violate labor law, up to $50,000 per violation.
Weaken so-called “right-to-work” laws in the 27 states that allow employees who benefit from union contracts to choose not to join or pay union dues.
In early March, President Biden encouraged Congress to pass the PRO Act and the House swiftly passed it. The president had articulated his support for labor law reforms during his campaign, but with the PRO Act now introduced in Congress, his support is a powerful tool in helping ensure that all Democratic Senators support the bill. As of press time, the bill was the Senate Committee on Health, Education, Labor and Pensions.
The American Rescue Plan
On March 11, President Biden signed into law the American Rescue Plan Act of 2021. The act is a $1.9 trillion relief plan that will jumpstart the American economy. It puts real money behind the president’s commitment to defeat the COVID-19 virus and to build back the U.S. economy back better than it was before the pandemic. This critical relief package has already delivered desperately needed federal support for hard-working Americans and will help rebuild our shattered economy with provisions that directly benefit SMART members.
The plan includes resources for COVID testing, logistics, vaccine production and distribution to save lives and reopen America. It secures health care coverage, extends unemployment benefits and provides direct cash support for tens of millions of American families. It also delivers badly needed state and local aid to safely reopen schools and keep our bus and transit systems safe. In addition, the legislation allocates $170 billion to education, with much of that funding targeted to updating ventilation systems — putting sheet metal members to work as we monitor air quality and retrofit those same buildings to rebuild America’s aging HVAC systems. For SMART brothers and sisters on Amtrak who were idled due to no fault of their own, $2 billion is provided to re-open routes and get them back to work.
Multiemployer Pension Relief
Included in the American Rescue Plan signed by President Biden is a provision allocating $86 billion for multiemployer pension plans facing financial uncertainty. Under the legislation, eligible plans will receive funding in an amount sufficient to ensure that full benefits are paid for the next 30 years, without any benefit reductions or any repayment obligations. Hundreds of multiemployer plans that cover millions of union members and retirees stand to benefit (SMART’s pension plans are currently financially healthy).
“Reckless Wall Street behavior, industry deregulation and employer abuse of corporate bankruptcy have threatened the financial security of millions who’ve worked hard, only to have that promise stolen from them,” said SMART General President Joseph Sellers in his March 2021 video message to members. “We now have a president who supports workers, retirees and their union. This administration put that commitment of ‘guarantee’ back into the ‘Pension Benefit Guarantee Corporation’ ” — without cuts to accrued benefits or taxation.”
Former Union Leader Confirmed as U.S. Secretary of Labor
On March 22, the U.S. Senate confirmed Marty Walsh as the U.S. Secretary of Labor. Known primarily for his work as the mayor of Boston, Mass. Walsh was previously a rank and file member of LIUNA who worked his way up in the trade. His appointment by the Biden-Harris Administration puts a union member in charge of the Labor Department for the first time in decades.
Biden Nominated Nation’s First Made in America Director
On April 28, President Biden named Celeste Drake as the nation’s first Made in America Director. The new position will shape and implement federal procurement and financial management policy to help carry out the president’s vision of future manufacturing focused on ensuring goods are made in America by American workers.
Drake joins the administration from the Directors Guild of America, where she served as the executive in charge of government affairs. Prior to joining the DGA, she served as the trade and globalization policy specialist for the AFL-CIO, where she led efforts to reform the labor rules found in NAFTA and the USMCA and to reform the process by which Congress oversees and approves trade agreements to protect American jobs.
Back in January, we met with Steve Dodd and Greg Hynes to talk about the 2020 election and what to expect from the Biden-Harris administration. We have brought them back for this Talking SMART episode to talk about the first 100 days of the administration and, more specifically, its impact on SMART members.
Brother Dodd is SMART’s Director of Governmental Affairs. He spoke with us about the many actions the Biden administration has already taken to support working families, including positive impacts of the passage of the American Rescue Plan on COBRA, unemployment benefits, multiemployer pensions, and funding for school HVAC retrofits. He also discussed the PRO Act and what it means for SMART members to have so many labor friendly people now appointed to top positions in the Biden administration.
Brother Hynes is a fifth-generation railroader and SMART TD’s National Legislative Director. He discussed how the Biden Administration, in contrast to the previous administration, now very much has an open door for labor and actively seeks input from unions on issues of concern to working families. Greg also touched on how the American Rescue Plan included funding to rehire furloughed Amtrak workers, the significance of new leadership at the Federal Rail Administration which is now re-prioritizing rail safety over corporate profits, and what it really means when politicians or rail carriers say we need to just “cut back on regulations.”
In addition, listen for the open mic segment with SMART General President Joseph Sellers at the end of this episode. He responds to multiple questions that have come in from SMART members asking about what steps the Biden-Harris administration has taken to address the multiemployer pension crisis.
As the COVID-19 pandemic raged across the nation, nearly all intercity passenger transportation ceased almost overnight. In 2020, air carriers ferried their fewest passengers in three decades, registering months with as much as 96% fewer boardings compared to the prior year. Amtrak saw its ridership decrease 97% as business travel along the profitable Northeast Corridor evaporated. As many as 800 motorcoach companies shuttered, and cruise lines ceased all operations in compliance with CDC orders. While the federal government has taken important steps to mitigate the devastation caused to transportation services, employees and communities, in many corners of the nation these effects have been catastrophic. As we emerge from the pandemic, it is imperative that we begin flying, riding and traveling again—and that we do so safely. Our national economic recovery, and the livelihoods of millions of transportation workers, depends on it.
The most essential factor in the restoration of passenger transportation is the promise that travel will be safe and that COVID-19 risks have been properly mitigated for passengers and frontline transportation workers. We wholeheartedly applauded President Biden’s common-sense Executive Order on Promoting COVID-19 Safety in Domestic and International Travel, which came during one of the darkest stages of the pandemic. At a time when new daily COVID-19 cases averaged over 150,000 and the vaccines were not available to the vast majority of Americans, this order mandated the wearing of masks on many forms of transportation for both workers and passengers. While enforcement has proven to be challenging at many transportation operations, this standard must remain in place until COVID-19 has been defeated.
Perhaps more important is the ongoing need to complete the most ambitious mass-vaccination campaign in world history. While mask usage and current levels of inoculation have begun to bear fruit in terms of passenger volume, many more vaccinations are required before travel across modes returns to pre-COVID levels. In this regard, there are three tenets of vaccination efforts that must be realized.
First, transportation workers, including flight crews, conductors, drivers and other at-risk employees must have access to vaccines. As of April 21, 2021, all states are allowing any adult to receive a vaccine, but in many cases rollouts have been uneven, and challenges have persisted particularly for employees who are frequently away from their place of residence where they qualify for vaccines. States and employers should continue to focus on making sure that the workers who put their lives on the line each day to keep intercity transportation running have the ability to receive vaccines, and should pursue remedies where challenges in doing so have arisen.
Secondly, to further stimulate demand for domestic travel, it is essential that efforts to vaccinate the population broadly continue unabated. We are encouraged by the rates at which Americans are currently being vaccinated and we are optimistic for the sustained upward trajectory required for a return to normalcy.
Finally, such a return will also require international efforts. For both the safety of flight crews who travel through foreign airports and cities, and for renewed demand for international business and tourist travel, conquering the virus globally is also essential. This effort must not be neglected.
Over the last year, Congress recognized the crisis looming for intercity passenger transportation and its workforce, implementing a series of programs and emergency spending intended to keep workers on payroll and connected to critical benefits like healthcare, and to prevent against an economic collapse triggered by a wave of bankruptcies of major U.S. companies. These measures have been a vital lifeline and their continuing implementation will be instrumental in the return of intercity passenger service.
For airlines and airline contractors, the Payroll Support Program (PSP) has been extremely successful in protecting employees from the brunt of the rapid drop in air travel due to the pandemic, and hundreds of thousands of employees have continued to be able to pay their bills and seek medical care due to the program. Treasury should continue to disperse funds appropriated for the PSP, including through the American Rescue Plan, and continue to observe the firewall between government assistance and employee collective bargaining agreements included in the CARES Act and the Consolidated Appropriations Act, 2021.
Amtrak has also received substantial funding through COVID legislation, which will ensure that the rail carrier and its workforce are prepared to respond to increased demand as the pandemic abates. The American Rescue Plan required Amtrak to restore its long-distance service and recall all furloughed employees within 90 days — smartly ensuring that relief was directed to employees and service maintenance. The restoration of long-distance service, reduced to three times a week from pre-COVID daily service on most routes revitalizes critical connections between urban hubs and rural communities, and promotes the future of these lines by underscoring their reliability and consistent presence to the riders who rely on them. The recall of approximately 1,200 furloughed employees and prohibitions on further furloughs will not only benefit workers on the unemployment lines, but is required to meet the service demands that we hope and expect to see shortly. Amtrak must act to restore its service and employees in an expeditious manner, and should seek to comply with statutory requirements well in advance of Congress’ deadlines.
In the second COVID relief bill, H.R. 133, Congress wisely included the CERTS Act, which sought to provide funding to transportation entities that had previously received aid, including school bus contractors, non-transit ferry services and motorcoach operators. Despite its passage on December 27 of last year, the Trump administration Treasury took no actions to make the grants available to entities that badly needed them. We call on the Treasury to dispense these grants as soon as possible. This is particularly necessary given the dire straits the motorcoach industry currently finds itself in. Motorcoach operators previously provided over 500 million passenger trips per year, serving both urban and rural travelers. However, given how many companies have already closed their doors, or are on the precipice of doing so, if aid is not promptly dispersed, the post-COVID economy may find itself deeply lacking in critical intercity passenger bus service.
While Congress correctly did not provide direct aid to cruise line operators who have chosen to flag their vessels in foreign countries, the resumption of cruise line service is important for the recovery of cruise port cities like Miami, and the thousands of longshore workers who prepare these vessels for voyage. We call on the CDC to only revise its No-Sail Order when it is deemed safe to do so. We also urge the CDC to consider the health and safety of longshore workers in any future guidance on the resumption of cruise line travel.
Finally, one of the most impactful actions the federal government can take to restore intercity passenger transportation is passing legislation that makes bold investments in our nation’s infrastructure, which this body has consistently called for. There is a real opportunity right now for the federal government to make the types of generational investments into our transportation systems that will not only help us recover economically and restore passenger transportation to pre-COVID levels, but also to build a system that can once again be the envy of the world. We can modernize and upgrade across every mode, and expand service throughout the country, especially to communities that have historically been underserved. In doing so we can rebuild our economy, create jobs and support the millions of transportation workers who keep America moving.
The Transportation Trades Department, AFL-CIO, (TTD) is a coalition of 33 member unions, including the SMART Transportation Division, that provides a bold voice for workers in every mode of transportation – both in the private and public sector – and is devoted to protecting middle-class jobs, expanding collective bargaining, and ensuring modern, safe, and secure transportation operations and infrastructure.
Longtime Amtrak conductor Carol Jones, a local chairperson with SMART-TD Local 1361 out of New Haven, Conn., and a member of our union for 23 years, was featured in a “Sister Stories” video during SMART Women’s Week in early March. See the embedded video above to watch her story of coming up in the transportation industry and working as a pioneering woman in the passenger rail sector.
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.
“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.
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.
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.
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.
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.”
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.
In its preliminary financial report, Amtrak said that the COVID-19 pandemic has reduced ridership on the national passenger carrier by about 75% from pre-COVID levels.
While Amtrak leadership expects a slow rebound in ridership, with forecasts seeing an increase to about 40% of pre-pandemic levels by the close of the 2021 fiscal year as COVID-19 abates, the coronavirus has been a massive shock to the carrier.
Members of SMART-TD and other labor unions rallied in late September urging Congress to avoid Amtrak job cuts.
“Our dedicated employees continue to work tirelessly through the pandemic to keep this country moving, advance critical infrastructure and update technology and services, and provide safe transportation to customers,” said Amtrak President & CEO William Flynn. “However, without additional funding for 2021, we will be forced to further reduce service, defer critical capital projects and make more job reductions despite this important progress.”
The Republican-controlled Senate did not act on a pair of bills — the HEROES Act and the Moving Forward Act — passed by the U.S. House of Representatives that would have provided additional emergency funding for Amtrak to maintain employment and service levels as the nation continues to cope with the coronavirus. Instead, funding was maintained at 2020 levels by Congress.
Amtrak’s financial situation and the freight rail industry’s continued use of Precision Scheduled Railroading (PSR) practices were the focus of a U.S. Senate Commerce Committee hearing Oct. 21.
Amtrak President and CEO William Flynn repeated his plea for almost $5 billion in emergency funding to help the nation’s passenger carrier weather the continued downturn in ridership caused by the COVID-19 pandemic. The carrier has made drastic long-distance service cuts, going from daily to three trips per week on many routes. Furloughs for almost 2,000 Amtrak employees are scheduled to take effect in November.
“Virtually all of the CARES Act money has been spent,” Flynn told the committee. “These workforce adjustments are essential with current financial funding.”
A number of legislative actions, including the HEROES Act and the INVEST in America Act, while passed by the U.S. House of Representatives, have been stalled by Majority Leader Mitch McConnell in the GOP-controlled Senate. The emergency funding provided by such legislation would help the carrier rebound, Flynn said.
“Once the pandemic eases, Amtrak plans to grow,” he said.
A second panel featured a discussion of PSR.
Rudy Gordon, CEO of the National Grain and Feed Association, expressed concerns from a shipper perspective about the redeployment of furloughed railroad workers, saying that he fears delays in service and shipments on the part of rail carriers when the economy rebounds.
PSR has caused “a tipping point” at the expense of customer service, Gordon said, and said that if rail service erodes further at the expense of the carriers obtaining lower operating ratios (ORs) that the Surface Transportation Board should intervene.
“Across the sector, the pandemic continues to wreak havoc, threatening both the health and livelihoods of employees,” Willis stated. “At the same time, freight railroads, at the insistence of Wall Street investors and hedge fund managers, have pursued operating practices that undermine basic tenets of rail safety, ask frontline workers to do more with less, and threaten the reliable and efficient customer service that should be the hallmark of this industry.”
The lone labor representative invited to testify in person was Dennis Pierce, president of the Teamsters Rail Conference.
Other industry stakeholders appearing were:
Paul Tuss, executive director, Bear Paw Developing Corporation and Member, Montana Economic Developers Association
Frank Chirumbole, vice president global supply chain, Olin Corporation on behalf of American Chemistry Council
Kent Fountain, chairman, National Cotton Council
Ian Jefferies, president and chief executive officer, Association of American Railroads