Terri Poole Taylor Kerns, 52, of Local 1971 (Atlanta, Ga.) lost her life to COVID-19 on Friday, September 10. Diagnosed with COVID-19 on August 24, she was hospitalized Sunday, August 29 with severe chest pains. After suffering from cardiac arrest, she passed in the early hours of Sept. 10.
Graduating from high school in 1987, Kerns worked in the food industry before deciding on a career change. She hired out with Norfolk Southern, where she would work for 20 years, earning her engineer and conductor certifications and working her way up to the position of yardmaster.
In her free time Kerns enjoyed family vacations on the beach. Her true passion was spending time with her husband, children and grandchildren.
“Terri had a great love for her family. Family was everything to Terri, and she left an indescribable imprint on all of us,” her younger sister Joy Poole said.
She’s survived by her husband of 21 years, Paul Henry Kerns Jr. aka PJ; four children, Drew (Sadina) Kerns, Shadonna Kerns, Madison Kerns and Dominique Kerns; two grandsons, Ameer and Zelmeer Kerns; two sisters, Rhonda (James) Poole Farley and Joy (Greg Cowan) Poole; and many in-laws, nieces, nephews, aunts, uncles and cousins. Kerns is preceded in death by her parents, Oddis Theodore Poole Jr. and Patsy Mitchell Arey; grandparents; mother-in-law, Bonnie Jo Kerns; niece, Mariah Turner; nephew, Andrew Sifford; and great nephew, Xander Tucker.
SMART-TD offers their sincere condolences to all who knew and worked with Kerns, as well as her friends and family.
Jaime Garcia-Perez, 48, a member of our union for more than 15 years out of Local 23 (Santa Cruz, Calif.), passed away Sept. 3 from complications of COVID-19. He was an operator for the Santa Cruz Metro ParaCruz.
“Jaime, who worked at ParaCruz for nearly 17 years, had an unwavering work ethic and the utmost respect from everyone here at Metro. He was an integral part of ParaCruz from Day One,” GCA Vice General Chairperson Nathanael Abrego and General Chairperson James Sandoval said in a letter to membership. “A hard-working man and full of passion, integrity, and respect. When the workday got hard, we leaned heavily on the ‘Jaime Factor’ because he counted as two drivers. He was that good. You can always count on him to ensure our riders got to their destination on time.
“Jaime was loved by all who knew him. He will be missed.”
Brother Garcia-Perez is survived by his wife of 25 years, Dawn; daughter, Madison; and son, Kaden.
The SMART Transportation Division is mourning two union brothers who have died in recent weeks because of COVID-19.
Member Thurman Wheeler, 47, of Local 1348 (Centralia, Wash.) passed away on April 30 after being hospitalized for nearly two weeks with the virus. He was a Union Pacific conductor on the Portland east to Hinkle, Ore., pool.
“Thurman was liked and loved by all, and his loss is being felt very hard here in Portland,” said member Jeff Cubley of Local 1574. “He was an excellent person to work with, and he worked his tail off to provide for his family.”
Condolences also can be sent to Brother Wheeler’s wife:
19945 NE Clackamas Court
Portland, OR 97230
SMART Transportation Division Local 225 (Bellevue, Ohio) is mourning the passing of its president, Jason Ruffing, from COVID at age 40 on April 21.
Brother Ruffing was the local’s president for more than six years, served as LCA-687C secretary and was a past trustee of the local. He hired out with Norfolk Southern as a conductor in 2003 and was a certified remote control operator before becoming an engineer.
“Jason was well respected from his peers and the membership,” Local Chairperson Michael Bishop said. “Jason absolutely enjoyed helping anyone whether they needed it or not. He was the type of guy who would drop what he was doing to come help you out at any time. Jason will be missed dearly by his railroad brothers and sisters. Godspeed, Jason.”
President Ruffing loved to cook and grill during the local’s annual picnic, and never shared the secret ingredients of his special recipe spice mix.
A favorite pastime was camping at Tall Timbers campgrounds in Port Clinton, Ohio, and he taught CCW classes in his spare time, his obituary stated.
He served as a volunteer firefighter in Willard and Attica, was a supporter of Second Amendment rights and of the rights and freedoms we all have as Americans.
Brother Ruffing is survived by his parents, sisters, brothers and a number of other relatives.
The SMART Transportation Division offers its heartfelt condolences to the families of Brother Wheeler and Brother Ruffing, to their union brothers and sisters in Locals 1348 and 225 and to all those who knew them.
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.
Hillside, Ill. – SMART SM Local 73 is partnering with Proviso Township and Jewel-Osco to provide added capacity for COVID-19 vaccine distribution efforts, with its union hall functioning as a vaccine injection site. More than 1400 vaccines were administered today between 9am and 4pm at the local hall in Hillside, just west of downtown Chicago, for residents of any of the 15 villages in Proviso Township.
“This wouldn’t be happening in Hillside today without Local 73 stepping up and helping out,” said Hillside Mayor Joseph Tamburino, who was at the vaccination site throughout the day. “They set the room up and did everything we asked them to do and it’s fantastic. Their facility is just perfect for this.”
The union hall effectively functioned as a one-day pop-up vaccine clinic. The site was thoroughly cleaned and prepped ahead of time and a sanitation crew will be coming Monday night and doing a deep clean of the space.
“This wouldn’t be happening in Hillside today without Local 73 stepping up and helping out.”
– Hillside (Ill.) Mayor Joseph Tamburino
“We are proud to partner with Proviso Township, Jewel-Osco and Mayor Tamburino to provide a safe, convenient location for members of our community to receive their vaccine,” said Local 73 President and Business Manager Raymond Suggs. He added that the local is looking to help with additional vaccination days in coming weeks, depending on vaccine availability.
Nationally, SMART is part of a coordinated effort by U.S. building trades unions to make their facilities available to President Biden’s COVID-19 Relief Task Force for U.S. vaccine distribution. In February, the Governing Board of Presidents of North America’s Building Trades Unions (NABTU) voted unanimously to offer more than 5,000 union halls and training centers to the vaccine distribution effort.
We are pleased to announce that the waiver of the elimination period is extended through June 30, 2021. So, effective with all diagnosed COVID-19 (Coronavirus) disabilities beginning
in the months of March 2020 through June 2021, the Plan’s Elimination Period will be waived. Members must usually be disabled for 21 days before benefits will begin on the 22nd day. This is known as the Elimination Period or Waiting Period. We are waiving this Waiting Period for positive COVID-19 (Coronavirus) disabilities. This change will expedite and
increase benefits for approved applicants so that you will have immediate access to money. The Waiting Period will be reinstated for COVID-19 (Coronavirus) disabilities beginning on and after July 1, 2021.
We are pleased that the Plan can take this action on your behalf. We wish you and your family health and wellness during these trying times.
Board of Trustees Mr. Joseph Sellers Jr.,
General President SMART
Mr. Jeremy Ferguson,
President-SMART Transportation Division
Mr. Joseph Powell,
General Secretary-Treasurer SMART
The SMART Voluntary Short Term Disability Plan is administered by:
Southern Benefit Administrators, Incorporated
P.O. Box 1449
Goodlettsville, Tennessee 37070-1449
Toll-Free: (844) 880-1071, Fax: (615) 859-0201
Long Island Rail Road (LIRR) implemented planned service cuts the morning of Monday, March 8, in spite of objections made weeks ago by union leadership and echoed by New York state senators just before the cuts went into effect.
This photo, provided by a LIRR worker to Alternate Vice President/General Chairperson Anthony Simon, shows a crowded Long Island Rail Road car early March 8, the day LIRR implemented service cuts.
Crowded cars and the potential for the early morning commute from places like New Hyde Park or Jamaica Station to become a COVID spreader event with no opportunity for social distancing, as shown by photos provided to SMART-TD Alternate Vice President Anthony Simon by frontline workers, thousands of whom he represents as general chairperson of GCA-505.
“These reductions have now made Long Island Rail Road service unsafe as far as allowing for social distancing is concerned,” Simon said.
In response to LIRR leadership’s implementation of the cuts, which reduced weekday service to the equivalent of what the system offers on the weekend, more than 3,000 unionized workers from SMART, SMART-TD and six other labor unions submitted the following message via email on March 8:
“WE THE UNDERSIGNED; ARE LIRR WORKERS WHO ARE OUTRAGED BY THE DECISION TO REDUCE SERVICE FOR LIRR RIDERS AT A TIME WHEN OPENING THE ECONOMY, CONTINUED DISTANCING, INCENTIVIZING CUSTOMERS TO RETURN AND PRIORITIZING THE USE OF FEDERAL DOLLARS IS CRUCIAL TO A FULL AND SAFE RECOVERY. WE ARE DISGUSTED THAT THE IMPLEMENTATION OF THESE CUTS AND THE INSENSITIVITY TO OUR QUALITY OF LIFE FOR OUR FRONT-LINE CRAFTS HAS DESTROYED OUR MORALE AND TRUST IN THE AGENCY. WE DEMAND YOU LISTEN TO YOUR “HEROES” AND RESTORE SERVICE FOR THE BETTERMENT OF OUR SYSTEM.”
In addition to Simon, SMART-Mechanical Division General Chairperson John McCloskey and TD yardmaster General Chairperson Michael Miele signed the letter addressed to New York Metropolitan Transit Agency Chairman and CEO Patrick Foye and LIRR President Phillip Eng.
“The MTA’s desire to outsource our work, disregard our membership’s quality of life and forget about what we have delivered throughout a global pandemic is inexcusable,” the union leaders stated. “We certainly hope you can get on the right track in winning us back for the good of this great railroad that we have built and have always been proud to serve. Until then, we will continue to work hard for our customers with the understanding that there is a lack of good faith and insufficient appreciation toward our members from leadership.”
Other unions that signed on to the letter included the Brotherhood of Railroad Signalmen; Transportation Communications Union; International Association of Machinists & Aerospace Workers; National Conference of Firemen & Oilers, SEIU 32BJ; Brotherhood of Locomotive Engineers and Trainmen; and Independent Railway Supervisors Association.
SMART Transportation Division Alternate Vice President and General Chairperson Anthony Simon and eight New York state senators took the CEO and chairman of the New York Metropolitan Transit Agency to task for planned service reductions for the Long Island Rail Road (LIRR).
The carrier plans to reduce weekday service to the equivalent of a weekend schedule beginning March 8, a move described by state Sen. James Gaughran and seven colleagues as operating LIRR as a “skeleton service.”
“We urge you to reconsider this decision and withhold implementation of the planned service reduction,” the senators wrote in their letter, dated March 3. “These ridership cuts will negatively impact countless essential workers, like the workers of the MTA, who rely on public transportation to earn a living, support their families, and contribute to our economy.”
In his letter dated Feb. 24, Simon communicated to MTA Chairman and CEO Patrick Foye that this course of action also did not seem to be a sound strategy as a potential spring economic awakening for New York City appears to be approaching.
Alternate Vice President and GCA-505 General Chairperson Anthony Simon appears Sept. 30 at a rally in New York City.
“While the MTA should be incentivizing customers back to the system, why would we choose now to reduce service further?” wrote GC Simon of GCA-505, which represents SMART-TD members employed by LIRR. “It makes no sense that riders should now have to return to a system with limited service opportunities and potential concerns for safe distancing capabilities when vaccine availability is improving and both federal and state leaders are attempting to stimulate the economy.”
The service reductions were supposed to last only until particular projects were completed by LIRR but could now be extended past the May 23 date that LIRR had given, according to Simon.
“Our members have weathered the effects of this pandemic as the heroes you’ve gratefully declared them to be time and time again. They have delivered to the riding public through some of the most difficult times in the history of our railroad,” Simon wrote. “Now is the time for them to continue delivering by leaving the adjusted weekday schedule as is and not seek a limited savings opportunity by creating a disincentive for our customers to come back.”
The order implements President Joe Biden’s Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, “to save lives and allow all Americans, including the millions of people employed in the transportation industry, to travel and work safely.”
In an announcement of the order sent to Federal Railroad Administration stakeholders and partners on Jan. 31, an agency 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.”
In addition to the CDC order, the Transportation Security Administration (TSA) anticipates issuing additional information and guidance.
John Bragg, Labor Member, Railroad Retirement Board
Brothers and Sisters,
It has been one challenging year for us all and many of you have been hit extremely hard by COVID-19 – if not by the virus itself, by the impact it has had on the railroad industry. As you may have heard, Congress recently enacted legislation to provide some financial relief.
In the legislation entitled the Continued Assistance to Rail Workers Act of 2020, as outlined below, Congress essentially extended the benefits created by the CARES Act. In addition, Congress has finally granted some relief from sequestration – though not permanent. The legislation grants temporary relief from sequestration beginning 10 days from enactment through 30 days after the date on which the Presidential declaration of emergency for COVID terminates. This means that railroad employees will no longer have their regular unemployment and sickness benefits reduced for sequestration during the specified time period. In addition, the temporary relief is not retroactive to any earlier period of time.
Similar to the CARES Act, this legislation provides for the following benefits:
A recovery benefit of $600 per two-week unemployment registration period. The duration is for registration periods from December 26, 2020, to March 14, 2021. This amount is down from $1,200 per registration period in the CARES Act.
Extended unemployment benefits for employees who have otherwise exhausted benefits. These are payable for claims starting after enactment and on or before March 14, 2021. No extended benefits are payable after April 5, 2021.
Waiver of the seven-day waiting period for unemployment and sickness benefits. This was also extended to March 14, 2021.
As with previous legislation, the RRB will update the information on its website with the details regarding these benefits.
In addition, the Railroad Retirement Board’s (RRB)’s budget for fiscal year (FY) 2021 has been finalized. In the annual funding legislation, Congress provided for $123.5 million in appropriations for the RRB, which includes $9M for IT investment initiatives. Unfortunately, the total amount provided remains the same as FY 2020, but there was a change of allocation. The amount allocated for IT investment initiatives was decreased from $10M for FY 2020 to $9M for FY 2021, which translates to an increase in the agency’s general administrative budget from $113.5M for FY 2020 to $114.5M for FY 2021. This $1M increase in the general administrative budget will help cover some of the annual cost increases that the agency anticipates.
As a reminder, the agency is still facing pressure from short-staffing in field service offices and at RRB headquarters. RRB is still experiencing high call volume due to COVID-19 related issues, and anticipates the annual spike in calls that generates through January of each year. Those calling the agency’s toll-free number in January commonly ask about income tax statements, which will be mailed out by January 19, 2021. The RRB will not accept requests for duplicate tax statements until February 1, 2021.
With most RRB field offices still closed to the public because of the pandemic, the agency is again reminding customers of the self-service options available to them to help avoid lengthy wait times. I encourage all railroaders to set up a myRRB.gov account on the RRB.gov website to help avoid any possible delays. Customers can request the following documents online by visiting RRB.gov/myRRB:
Letters verifying income and monthly benefit rates
Service and compensation statement
Replacement Medicare card
Duplicate tax statement (CY 2021 available after January 31, 2021)
In addition, railroad employees who have established myRRB accounts can log in and:
Apply for and claim unemployment benefits
Claim sickness benefits
Check the status of their unemployment or sickness benefit claims
View their railroad service and compensation history
Get an estimate of retirement benefits
To establish an account, employees should go to RRB.gov/myRRB and click on the button labeled SIGN IN WITH LOGIN.GOV at the top of the page. This directs them to login.gov where they will be guided through the process of creating an account and verifying their identity — which takes about 20 minutes to complete. Once an employee’s identity is verified, they will be prompted to sign in to their account and then return to myRRB.
In closing, I would like to wish everyone in the rail community a healthy and happy 2021!
Brother Miguel “Mike” Gaitan, 64, an active SMART Transportation Division member out of Local 1241 (Richmond, Calif.), passed away Friday, December 11, 2020, from COVID-19.
Brother Miguel Gaitan of Local 1241 in Richmond, Calif., passed away Dec. 11 from COVID-19. He was 64 years old.
An engineer with BNSF, he joined our union in February 1995.
“Fellow employees state that Mike was hard-working, respected and kind,” California State Legislative Director Louis Costa said. “He always made railroad get-togethers with his union brothers and sisters a priority.
“Mike was larger than life, his kindness, his funny laugh and his ability to be a leader in the railroad family was not rivaled,” Costa said. “He will be deeply missed.”
Brother Gaitan is survived by his wife, Alice, and four children, Megan, Mike Jr., Santiago and Dolores. He also had two grandchildren.
Services for Brother Gaitan are 10:30 a.m. to 12:30 p.m. Tuesday, Dec. 22, 2020, at Cano Funeral Home, 2164 E. Martin Luther King Jr. Blvd., Stockton, CA 95205, where flower memorials also may be sent.
The SMART Transportation Division offers its heartfelt condolences to Brother Gaitan’s family, his friends and to all of his brothers and sisters in Local 1241.