Tag: 2019 Section 6 notices

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On November 20, SMART Transportation Division (SMART-TD) General Chairpersons served on railroads represented by the National Carriers’ Conference Committee (NCCC) the SMART-TD’s intended amendments to agreements affecting rates of pay, rules and working conditions.

Such notices are required by Section 6 of the Railway Labor Act to reopen agreements. With this notice to the NCCC, and the NCCC’s earlier notice, the parties are set to begin the next round of bargaining.

While the national rail contract between the SMART-TD and railroads represented by the NCCC becomes amendable on January 1, 2020, the existing contract will remain in force until it is amended and ratified by SMART-TD members under the craft autonomy provisions of the SMART Constitution’s Article Twenty-One B (21B).

During this round of national contract negotiations with the SMART-TD, the NCCC will be the chief bargaining representative for matters pertaining to rates of pay, rules, and working conditions on behalf of BNSF, CSX, Kansas City Southern, Canadian National, Norfolk Southern, Soo Line, Union Pacific and numerous smaller railroads. Other railroads, including Amtrak, negotiate individually with the SMART-TD.
More than 40,000 SMART-TD members are affected by these national contract talks with the NCCC, and the resulting agreements frequently set patterns for other negotiated rail agreements.

SMART-TD President Jeremy R. Ferguson will lead the SMART-TD negotiating team. Members of the negotiating team will be selected early next month.

As noted in a press release on November 1, 2019, the SMART-TD will be joining with nine (9) other rail labor organizations who are participating in coordinated bargaining in this round of national negotiations.
Major elements of the SMART-TD’s Section 6 notices include:

  • Complete and permanent elimination of existing service scale (entry rates of pay);
  • A series of general wage increases, effective Jan. 1, 2020, and every six months thereafter;
  • Cost of living adjustments;
  • Shift- and weekend-differential pay;
  • Paid sick leave for all crafts, without censure or discipline;
  • Technology pay for daily required utilization of all in-cab and handheld reporting devices;
  • Additional rest opportunities and ability to miss work for family needs, quality of life, and doctor visits;
  • Additional training pay for all crafts, including compensation for qualification, re-qualification, and familiarization trips;
  • Carriers to give first-employment consideration to qualified conductors furloughed from other railroads;
  • Furloughed employees called back to work will be guaranteed a minimum of 60 days of work and pay;
  • Increased meal allowances;
  • Restrictions on transferring, consolidating, combining or centralizing yardmaster assignments;
  • Establishment of a formula for yardmaster extra boards; and
  • Enhanced benefits under the NRC/UTU Health and Welfare Plan and the Railroad Employees’ National Health and Welfare Plan (GA-23000).

SMART-TD Section 6 notices were developed beginning with recommendations offered by SMART-TD members. A committee of general chairpersons from the Association of General Chairpersons, District No. 1, reviewed and fine-tuned those suggestions, which were then approved by the entire Association of General Chairpersons, District 1.

To view the SMART-TD Section 6 notice, click here:
https://static.smart-union.org/worksite/PDFs/Agreements/2019+National+Rail+Contract/112019+–+Section+6+Notice.pdf

To view the carriers’ Section 6 notice, click here:
https://static.smart-union.org/worksite/PDFs/Agreements/2019+National+Rail+Contract/110119+–+NCCC+Section+6+Notice+-+SMART+TD.pdf

To SMART TD members whose carriers are in national handling:
Pursuant to the moratorium provision in the last national agreement, today was the first day the carriers were permitted to serve notice to open the next round of National Bargaining and negotiate a new agreement, and they have accordingly served us this morning.
As TD President, I wanted to let you know that we will be reviewing the carriers’ notice over the weekend. We will be responding to the carriers with our own Section 6 notice early next week. Our notice has been crafted and refined by our District 1 Rail General Chairpersons and the Section 6 committee awaiting the time to serve.
The carriers’ notice is linked for your review. The contents of their notice should not come as a surprise given the recent lawsuit filed regarding our crew-consist moratoriums. As usual, their notice contains unrealistic expectations of the outcome that they hope to achieve.
We will proudly be going into this national round of negotiations in solidarity not only with the BLET once again, but with an unprecedented group that includes the American Train Dispatchers Association, Brotherhood of Railroad Signalmen, International Association of Machinists, International Brotherhood of Boilermakers, National Conference of Firemen & Oilers/SEIU, International Brotherhood of Electrical Workers, Transport Workers Union of America, and the Transportation Communications Union. I look forward to standing shoulder to shoulder with BLET National President Dennis Pierce and the leadership of the other unions in our Coordinated Bargaining Coalition as we move ahead in this process.
 

In solidarity,


 
 
 

Jeremy R. Ferguson
President — Transportation Division

ATTENTION: All SMART Transportation Division members employed by rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC).
As you are likely aware, on August 16, 2019, the SMART Transportation Division began the process of formulating Section 6 notices to be served on rail carriers represented by the NCCC, which will include proposals to increase wages, benefits and improve working conditions. In our communications, all officers and members were invited to submit proposals for the Section 6 notices to the SMART TD headquarters.
For those members who have already submitted proposals, we thank you for providing your invaluable input.
Members who have not yet responded are reminded that proposals are being cataloged through the month of September, and in October a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals and begin to fine-tune those suggestions into the notices to be served on the carriers.
In order for your proposal to be cataloged and considered by the Section 6 review committee, your proposal must be received in the Transportation Division office by September 30, 2019.
As a reminder, members may submit their proposals by email (preferred), fax or U.S. Mail:
Email – Section6@smart-union.org
Fax – (216) 228-5755,
or by writing to the attention of the SMART Transportation Division President at
24950 Country Club Blvd. Suite 340
North Olmsted OH 44070
Following this review process, the full Association of General Chairpersons, District No. 1, will be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.
In addition to membership submitted proposals, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.
“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.
The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART-TD notices are served.
Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.

The SMART Transportation Division is beginning the process of formulating Section 6 notices to be served on rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC), which will include proposals to increase wages, benefits and improve working conditions.
As mandated by the Railway Labor Act and the current national agreement, these Section 6 notices will be served on most of the nation’s rail carriers on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.
The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART TD notices are served.
All officers and members are invited to submit proposals for the Section 6 notices to the SMART TD headquarters. In addition, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.
Members may submit their proposals by email (preferred), fax or U.S. Mail:
Email – Section6@smart-union.org
Fax – (216) 228-5755
or by writing to the attention of the SMART Transportation Division President at:
24950 Country Club Blvd., Suite 340
North Olmsted OH 44070
The proposals submitted by members will be catalogued during the months of August and September. In October, a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals submitted and begin to fine-tune those suggestions into the notices to be served on the carriers.
The full Association of General Chairpersons, District No. 1, will then be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1.
“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.
Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.