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.
“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.
Another state is making a two-person freight crew the law of their land.
On July 27, the Kansas State Department of Transportation proposed a regulation that requires railroads that operate in the state to maintain a two-person crew in the lead locomotive.
“Kansas now joins a growing list of states that believe federal inaction on this issue is too great of importance to public safety and our members’ safety,” SMART Transportation Division Kansas State Legislative Director Ty Dragoo said in an email to TD members in his state. “The work we have done, the years of relationship building, the local, county and regional meetings where we have presented our case, and above all else, your efforts in your communities have finally paid off.
“Today is the proudest day of my career and, indeed, my tenure as a member of this great union.”
“Kansas has faced issues ranging from crew member fatigue to derailments which pose a threat to our safety and security – but by maintaining the current practice of requiring a two-person crew we can ensure the health and safety of Kansas workers,” she said. “This proposed regulation is a commonsense, necessary measure to protect our state’s railroad crew members and keep every community along the tracks safe.”
Exceptions to the Kansas regulation include switching operations, brake testing, safety inspections, or while performing setouts in conjunction with road service.
“The benefits of the proposed rule and regulation is railroad and community safety, including the role two-person crews can play in helping to prevent potential accidents or derailments and in emergency situations,” the state said in its release.
The persistence of Dragoo and the state’s legislative board paid off after more than a decade of work. Dragoo previously helped to persuade legislators to introduce a two-person crew bill, H.B. 6057, back in 2016, but it died while in committee.
“All the outreach by Brother Dragoo, the Kansas SLB, SMART-TD members and other rail workers and concerned parties was instrumental in proving the point that a safe operation is one with a certified conductor and a certified engineer working in tandem with technology playing a supporting, not a supplanting, part,” SMART-TD President Jeremy Ferguson said. “This realization is one that transcends partisanship and ensures the continued safety of Kansas residents and rail workers.”
At the federal level, a number of states and rail labor unions continue to engage in a lawsuit against the Federal Railroad Administration (FRA) in the U.S. Court of Appeals Ninth Circuit. The federal agency, led by Donald Trump appointee Ron Batory, has attempted to prevent states from passing laws mandating a minimum train crew size.
There are more instances out there that have not been told. As the carriers continue to make their argument that the conductor role in the cab is superfluous and replaceable by technology, we need to prove to the public that this is simply not true.
If you are a railroader and you have a story to tell when having two on the crew made a difference, we would like you to share it with us.
In an interview to appear in the April edition of Trains Magazine, SMART-TD National Legislative Director Greg Hynes was interviewed about key issues and industry trends including Precision Scheduled Railroading (PSR), two-person crews, autonomous trains and the effect presidential elections have on the railroad industry.
In the interview, Hynes spoke about how PSR is a threat to jobs, the industry and the public because fewer safety inspections are being performed with fewer people and that there is a blatant disregard by Class I management toward fatigued and ill individuals who aren’t being allowed time off.
When asked if autonomous train technology could come to the U.S., Hynes responded:
“Where they have the autonomous trains out in Australia is on a route that doesn’t have any grade crossings, there are no people nearby, and it’s basically out in the middle of nowhere. But if you try to do that in the United States, where you have thousands and thousands of grade crossings, it will be a really bad thing. The people on a train are the first responders in every crossing incident. You won’t have that with an autonomous train.”
Trains closed the interview asking how the 2020 presidential election will impact railroads and unions. Hynes noted that whoever is in the White House determines who runs the FRA.
“If we see a continuation of what we have right now, it will not be good for rail safety or labor. This current administration has not been friendly to labor at all. Rail safety is not their primary function anymore, as we saw in their decision to not implement a national crew-size rule. How is that in the best interest of safety? It’s all about protecting the railroads’ bottom line, but that’s not the FRA’s job.”
The secretary & treasurer of SMART-TD Local 464 (Arkansas City, Kan.) rendered medical assistance to a teen who was found bleeding from a head wound on the side of the tracks in mid-February, saving the boy’s life.
Jason Schwartz, a U.S. Marine Corps veteran who served in Operation Iraqi Freedom during the battle of Fallujah in November 2003 and a TD member since 2006, described the situation:
“Today I was faced with a decision that ultimately changed the outcome for a 16-year-old kid.
“I was called out of Oklahoma City and took a train north to Arkansas City. At 1705, a southbound Z-train dialed up the emergency tone for DS-21 and advised they may have seen a kid/body on the right of way of the main line, and he looked to be dead.
“I was stopped in the siding meeting the Z-train, and without hesitation I donned my gear and headed to the location where the body was said to be. I took to foot and walked … to check on what the Z-train was reporting.
“When I got 30 yards away from the body, I called out, ‘Hey boy, hey buddy, I’m here to help!’ I didn’t know if the person was dead or alive, but I still wanted to announce I was there just in case the person was in a mad state of mind. I got about 10 yards away and saw the kid was still breathing and radioed, ‘We need an ambulance asap, he’s still alive,’ I opened my phone to take a video to show he was alive when I arrived in case he died in between the time I found him and when paramedics arrived.
“I gave the kid my Carhartt coat to reduce the risk of shock and hypothermia and help talk to the kid to keep him conscious. The kid had a major blow to the center of his forehead where it appeared he went headfirst into the spike and rail, maybe causing a skull fracture, and mangled his face up pretty bad.
“He lost lots of blood but was conscious to answer a few questions,” Schwartz said. “It was hard to make out what he was saying due to the blood coming from a 1.5-inch gash in his mouth.”
Paramedics arrived and Schwartz helped to bandage the teen’s head wound and to carry him out to where the boy would eventually be airlifted to Oklahoma University Medical Center for treatment. A sheriff’s deputy reported to management
that the actions of Schwartz, who is also his local’s legislative representative and GCA-020 secretary, were considered to be life-saving.
“The sheriff deputy told the road foreman that I went ‘above and beyond,’ but I would have done it for anybody,” Schwartz said later in a phone interview.
A big factor was the mindset he gained from his nine years in the Marines — “seek and save” — didn’t allow him to be passive when the situation presented itself, Schwartz said.
That’s why he walked a mile and a half to the site, focused on stopping the boy’s bleeding and sacrificed his coat to stave off shock for the victim.
“My Marine Corps instinct was there to get up and help,” he said. “If I’m in a position to help, it was just first nature.”
Schwartz visited the teen, who apparently had fallen from a train he had jumped on, in the hospital. Schwartz, familiar with the stretch where he found the teen, said the train could have been going as fast as 50 mph. The teen had a broken nose, fractured cheekbone and went through surgery to have a titanium plate inserted to help stabilize his head injuries with additional surgeries slated for jaw and dental repair, Schwartz said.
The conductor later received a letter from the teen’s adopted mother and biological sister thanking him for his life-saving aid.
“They were very, very thankful, and let me know that he was doing well,” Schwartz said. “This easily could’ve been the worst-case scenario.”
The teen’s position close to the tracks where Schwartz found him put him in jeopardy of getting hit by a passing train, and a video of the scene taken by Schwartz shows that the teen collapsed on the ballast.
“For all the thousands in technology, not one penny of it would have detected that person next to the tracks,” Schwartz said. “He was inches away from the cattle guard on the leading unit. He could have been
struck by the step rungs … PTC is signal-to-signal. There’s nothing there to warn the crew of an object on or near the tracks.”
The efforts of a two-person crew in East St. Paul, Minn., helped to save a wandering five-year-old girl and reunite her with her family.
Near midnight Saturday, Feb. 1, SMART Transportation Division Local 1293 member Jarrod Campbell and BLET member Angela Knutson were operating a Union Pacific train through East St. Paul when they spotted something unusual alongside the tracks.
The shape looked strange to them, so Knutson stopped the train, and Campbell grabbed his lantern and left the cab to investigate.
Walking back, he discovered a five-year-old girl wearing a light jacket. She wasn’t wearing a hat or mittens and her sneakers were filled with snow.
“I introduced myself to her,” Campbell said. “She said that her name was Zoey and that she was cold and wanted her mom.”
The conductor out of the Altoona, Wis., local picked Zoey up and asked her if she would want to come into the locomotive where it was warm so she could meet Angela.
“She gave me a big hug and said thank you,” Campbell said.
Campbell carried Zoey through the snow and they went into the cab. There Campbell and Knutson comforted her by wrapping her in Campbell’s coat, giving her a spare pair of Knutson’s socks, using hand warmers to stave off the early signs of hypothermia and keeping her calm until EMS crews could arrive.
She had been reported missing to police about 45 minutes to a half-hour before the crew found her, Campbell later learned. The temperature was about 40 degrees Fahrenheit, and he said there was still eight to 10 inches of snow on the ground there.
The combined efforts of both crewmembers saved the girl from a possibly life-threatening situation at a time when rail carriers are looking to cut the conductor position from the cab in favor of technologies such as Positive Train Control. The carriers and Federal Railroad Administration argue that no data exists proving that a two-person crew is any safer than a single-person crew.
Zoey’s family would probably differ on that.
“It’s just miraculous that we were able to see her or find her,” Campbell said. “It sure wasn’t Positive Train Control that stopped and saved this girl.”
SMART Transportation Division Alternate Vice President J. Scott Chelette, general chairperson of GO 927, was featured in a television news report about the rail industry’s intention to eliminate the conductor from the cab of freight trains in the wake of Class I freight carriers implementing Positive Train Control (PTC).
Chelette was featured alongside West, Texas, Police Chief Darryl Barton on the report, broadcast Jan. 30 on KWTX-TV in Waco, Texas.
“The industry wants to take it a step further and thinks that because they have Positive Train Control that we don’t need a conductor on the locomotive anymore. That’s not the case,” Chelette said. “It’s just a failsafe. It’s just like your vehicle having an alert system.”
In May, the Federal Railroad Administration (FRA) withdrew its proposed rulemaking to require two-person crews on freight trains. The agency then went further and stated that all state laws concerning the subject were preempted by the ruling.
In response, SMART TD President John Previsich testified before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials in June at a hearing to address the FRA’s decision. In his statement, Previsich described the decision by the FRA as an abdication of its safety oversight duties.
In July, SMART Transportation Division further responded to the FRA by filing a lawsuit with the U.S. Court of Appeals Ninth Circuit Court, asking the court to overturn FRA’s ruling. According to Freightwaves.com, the states of Nevada, Illinois, Washington and California have joined in the fight for two-person crews as well. Nevada, Washington and the California Public Utilities Commission filed petitions with the Ninth Circuit court asking them to review FRA’s decision. Illinois joined the fight for two-person crews August 9, when the state’s governor signed a two-person crew bill into law.
At the SMART TD Regional Meeting in July in San Diego, President Previsich reiterated to members that the union would not take this decision lying down.
“There is going to be a big push coming. We are going to reach out to you when the proper time comes and ask for your assistance,” Previsich told attendees.
Illinois Gov. Pritzker (left) standing shoulder-to-shoulder with SMART TD Illinois State Legislative Director Bob Guy (right).
On Friday, August 9, Illinois Governor JB Pritzker signed Senate Bill 24 – the state’s two-person crew bill – into law.
“I want to thank and commend Governor Pritzker for honoring the commitment he made as a candidate to sign legislation requiring a crew of at least two individuals on a freight train, and that’s just what he did in signing Senate Bill 24 into law,” Illinois State Legislative Director Bob Guy said.
Illinois State Sen. Terry Link, who sponsored the bill, had this to say about the bill signing in a press release: “With federal bureaucrats failing to act to protect public safety, it is clear states must act on their own. This is simply a matter of protecting the general public. Two-person crews can react more efficiently to mechanical failures or equipment malfunctions and can potentially save lives in a serious situation.”
“With the FRA abdicating its safety oversight duties and choosing to protect railroad profits over public safety, it’s now more important than ever for states to take over that role to protect its citizens from corporate greed,” said Guy. “At a time when freight trains are increasingly longer and carrying the most hazardous of chemicals through our communities, common sense tells us that response time to critical incidents involving trains is surely enhanced when a safe and adequate train crew size of at least two individuals are deployed, which is already the industry norm today and should be well into the future.
“On behalf of our Illinois SMART TD members, I say thank you, Governor, for seeing through the opposition’s tired arguments and FRA’s unprecedented submission that flies in the face of public safety. Your signature on S.B. 24 sends a clear message that Illinois, the rail hub of the nation, is not ready to jeopardize its citizens’ safety while railroads continue their pursuit of the almighty dollar,” Guy said.
SMART TD’s Ohio State Legislative Board has given an update on H.B. 186 — a comprehensive rail safety bill that addresses two-person crews, safe walkways, rail yard lighting and blocked crossings — that was introduced to the Ohio House Transportation Committee on June 18.
Ohio State Legislative Director Stu Gardner reports that the bill will be held over from the summer session to this fall where it will be given priority. Although the bill is static for now, Gardner asks Ohio members to offer proponent testimony as to why you believe the bill should be approved by the committee in preparation for this fall.
“Your testimony is what is needed to convince these committee members that this bill is what we have said all along it is – a common-sense approach to railroad safety,” Gardner said in an email to Ohio members.
Gardner suggests members write up testimony on all four segments of the bill or just on a specific segment. The four segments of the bill are:
Two-person freight train crews;
Common-sense safe walkways within rail yards;
Common-sense illumination of rail yards;
Blocked crossings that obstruct and delay emergency vehicles
According to Gardner, there are two ways you can provide testimony to the committee. You may either do a written-only testimony or you may submit electronic written testimony prior to testifying before the committee at the next hearing. The House Transportation and Public Safety Committee is scheduled to meet Tuesday mornings at 11 a.m. in House Hearing Room 114 in the Ohio Statehouse in Columbus unless otherwise notified. Below are instructions from Gardner for submitting your testimony in either fashion.
Instructions for those wishing to testify before the committee:
Prior to committee:
The House Transportation and Public Safety Committee is scheduled to meet on Tuesday mornings at 11 a.m. in House Hearing Room 114 in the Ohio Statehouse in Columbus.
The committee notice typically goes out on Friday afternoon. The notice will confirm that H.B. 186 is up for a hearing and when and where the committee will convene.
The Ohio SLB will work with the chairman’s office and our policy team to get as much of an advanced notice as possible
Testimony is to be electronically submitted to the chairman’s office by 3 p.m. Monday afternoon.
A witness slip (fillable PDF) is to be completed prior to the committee meeting and should also be submitted electronically to the chairman’s office.
Testimony and the witness slip can be submitted at the same time and there is no need to send multiple emails.
Materials may be submitted to Matthew Taylor in Chairman Doug Green’s Office at Taylor@ohiohouse.gov.
Day of committee:
When the committee notice is distributed, SLD Gardner will make sure to relay the information and will draw attention to any changes that have been made to the committee’s location and start time.
Folks may arrive any time before the committee hearing begins.
There is no need to check in with staff so long as testimony was submitted properly.
Attendees may take a seat in the audience.
As committee begins, the chairman will announce the hearing of bills. As testimony begins on H.B. 186, the chairman will call each individual up by the name submitted on the witness slip.
After testimony has been given, the individual may remain in the committee room for the duration of the hearing.
Instructions for those wishing to submit written-only testimony:
Written-only testimony is for those who may not be able to attend the committee hearing to testify in person, or for those who may want to attend committee but do not wish to verbally testify.
Testimony is to be electronically submitted to the Chairman’s Office by 3 p.m. Monday afternoon, the day before the scheduled hearing.
The witness slip is to be completed prior to the committee hearing and should also be submitted electronically to the Chairman’s Office.
Testimony and the witness slip can be submitted at the same time, and there is no need to send multiple emails.
Materials may be submitted to Matthew Taylor in Chairman Doug Green’s Office at Taylor@ohiohouse.gov.