SMART-TD, FRA announce federal regulation requiring two-person freight crews

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“I would like to start off by saying that this decision by President Biden’s administration is historic for SMART-TD members and all rail labor. Today’s ruling codifying the two-person freight crew not only demonstrates this administration’s dedication to the safety of this country and our workforce, but it also shows their respect and acknowledgment of our men and women and the work they do. They see our value to this nation’s economy and security. Every railroad professional should take pride in this accomplishment and recognition. We are too often undervalued. Today is a day we should all remember. When this rule came open for public comments, SMART members stood up and spoke with over 13,000 responses to the FRA. Today, we all celebrate the result and the essential proof of the value of the labor of the people aboard the nation’s freight trains. This effort defines what it is to be a union and the power of workers to stand as one. We did it together as a SMART-TD family, and I am unbelievably proud to be the president of this union in what is a defining moment for our industry where safety finally and deservedly came first.”

— SMART-TD President Jeremy Ferguson

INDEPENDENCE, Ohio (April 2, 2024) — After a multi-year effort by SMART-TD members and leadership, DOT Secretary Pete Buttigieg announced today that there will be a minimum of TWO certified rail crew members assigned to the cab of freight trains in the nation. The Federal Railroad Administration (FRA) ruling on the Notice of Proposed Rule Making (NPRM) finally puts safety first for our industry. With this action, President Joe Biden’s Department of Transportation (DOT) delivered on a promise made in 2020, which supports our ongoing struggle to force railroads to responsibly operate their trains. 

Today’s announcement solidifies the role of freight conductors in this country. It comes after a long fight between SMART-TD and the Association of American Railroads (AAR), the railroad companies it represents and the hedge fund operators who own many of the nation’s railroads. SMART’s members participated by sending 13,000 comments to the FRA on the regulation. TD President Jeremy Ferguson and our union’s national and state legislative officers relentlessly pushed lawmakers and government officials to understand the safety ramifications of a nation with single-person freight train crews. President Ferguson attended and testified at the FRA’s public hearing on this regulation in December 2022 and delivered 20 minutes of firsthand accounts to FRA officials demanding they take this step to protect the country from the railroad companies’ greed.

National Legislative Director Greg Hynes and Alternate National Legislative Director Jared Cassity orchestrated outreach to every state in the U.S., mobilizing our members to stand up and take part in the public comment period, resulting in our record-setting number of submissions.

Cassity had this to say: “It is no secret that the railroads in this country have been relentlessly pursuing a way to cut our rail crews down to one person. They have poured millions of dollars into pursuing technology that allows them to do this. These corporations are open with the fact they see more value in the trajectory of their stock prices than the safety of this country or the well-being of the conductors and engineers who are the bedrock of our economy. This fight raged for years and, as a union family, we stood toe to toe with the railroads. I want to thank our members for staying engaged in this fight.”

The announcement of this new regulation comes as a relief to all rail workers and to all concerned with rail safety in America. SMART-TD National Legislative Director Greg Hynes gives credit for this win to the collective effort of railroad workers and the state legislative committees throughout SMART’s organization.

“This announcement didn’t come out of thin air. It came from the hard work and dedication of SMART-TD’s men and women!” Hynes said. “Two-person crew regulations have been discussed for years through multiple presidencies and even more sessions of Congress. The men and women of this union have never relented or allowed this issue to get pushed to the side. Our state legislative directors have taken up this fight state after state. Our members have made their voices heard from coast to coast on this issue. Today we reach a place where our vigilance and persistence have paid off. This administration got it done.”

The regulation, often mired in partisan struggles, was not a certainty. SMART-TD state legislative committees worked relentlessly to get a dozen states to set a minimum crew size. Our work would continue should the regulation change under a future administration.

Cassity continues, “We have every right to celebrate today’s ruling from the Biden administration, but we cannot for one second think this fight is over. We must stay informed, involved, and on offense. These railroads aren’t used to losing. They will come out swinging to argue against the reality that our people matter, and we have got to be ready for it. SMART-TD remains vigilant, and we ask you to continue to stand with us.”

Read the FRA’s rule.

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If you’re interested in speaking more about the ruling on two-person freight rail crews, we’d be happy to connect you with:

SMART Transportation Division President Jeremy Ferguson

President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mich., was elected president of SMART’s Transportation Division in 2019.

President Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the 2019 national rail negotiations for the union.

SMART Transportation Division National Legislative Director Gregory Hynes

Greg Hynes is a fifth-generation railroader and was elected national legislative director in 2019.

Hynes served on the SMART Transportation Division National Safety Team that assists the National Transportation Safety Board with accident investigations, from 2007-2014.

In 2014, he was appointed to the Federal Railroad Administration’s Railroad Safety Advisory Committee (RSAC), which develops new railroad regulatory standards.

Hynes was appointed the first chairperson of the United Transportation Union’s Rail Safety Task Force in 2009 and served in that capacity until being elected SMART Transportation Division alternate national legislative director at the Transportation Division’s 2014 convention.

SMART Transportation Division Alternate National Legislative Director Jared Cassity

Jared Cassity, a member of Local 1377 (Russell, Ky.), was elected to the office of alternate national legislative director at the Second SMART Transportation Division Convention in August 2019 and became director of the union’s National Safety Team in June 2021.

Cassity started his railroad career with CSX in September 2005 and was promoted to engineer in 2008.

In addition to his elected roles, he has been a member of the National Safety Team since 2014, where he was subsequently elected to the position of Alternate Director (East) for the NST in 2016. Likewise, he was elected by his fellow peers of state directors to serve as the directors’ representative on the CSX Safety Model Executive Board in 2013.