FTA has not yet implemented worker safety provisions in the Bipartisan Infrastructure Law.

WASHINGTON – Today, 20 labor organizations representing transit drivers and other transportation workers urged Secretary of Transportation Pete Buttigieg and Federal Transit Administration (FTA) Administrator Nuria Fernandez to immediately implement the safety provisions in the Bipartisan Infrastructure Law (BIL) to protect transit workers from assault.

Four months after the passage of the BIL, the FTA has yet to implement these safety provisions. Meanwhile, transit workers continue to face danger on the job.

Assaults against transit workers have long been a concern but dramatically increased during the last three years of the pandemic, as did assaults on other frontline transportation workers like airline and airport workers.

Labor unions representing frontline transit employees have responded to this crisis over the years through legislative and regulatory measures, most recently securing several provisions in the BIL to protect transit workers.

Because of the BIL, the FTA is now statutorily required to collect accurate data on transit workforce assaults, to reform its Public Transportation Agency Safety Plan (PTASP) process to include worker voices and incorporate measures to reduce the risk of assault in every transit system, and to update its national safety plan to address the risk of assault and public health concerns.

The unions wrote: “Our members include bus and rail transit operators, station agents, car cleaners, mechanics and other frontline workers, all of whom are at risk of assault and worse each day they arrive at work. President Biden committed to protecting these workers and that promise was enshrined into law as part of the BIL. Before, and particularly during the COVID19 pandemic, these workers have laid their lives on the line every day to ensure Americans have access to safe, reliable transportation, and we must not turn our backs on them another day.”

Signers of the letter include the Transportation Trades Department of the AFL-CIO (TTD) and the nation’s largest transit unions, including the Amalgamated Transit Union (ATU), Transport Workers Union of America (TWU), International Association of Sheet Metal, Air, Rail and Transportation Workers–Transportation Division (SMART-TD), International Brotherhood of Teamsters (IBT), and Transportation Communications Union/IAM (TCU).

The letter was also signed by the following unions: Air Line Pilots Association (ALPA), American Federation of State, County and Municipal Employees (AFSCME), American Train Dispatchers Association (ATDA), Association of Flight Attendants–CWA (AFA), Brotherhood of Maintenance of Way Employes–IBT (BMWED), Brotherhood of Railroad Signalmen (BRS), International Association of Machinists and Aerospace Workers (IAMAW), International Brotherhood of Boilermakers (IBB), International Longshoremen’s Association (ILA), International Organization of Masters, Mates & Pilots (IOMM&P), International Union of Painters and Allied Trades (IUPAT), National Conference of Firemen & Oilers, SEIU (NCFO), Office and Professional Employees International Union (OPEIU), and Professional Aviation Safety Specialists (PASS).

Read the letter here.

The AFL-CIO Transportation Trades Department, of which the SMART Transportation Division is a proud member, released the following statement on March 1 after President Joe Biden’s State of the Union address.

Greg Regan and Shari Semelsberger, president and secretary-treasurer of the Transportation Trades Department, AFL-CIO (TTD), issued the below statement in response to President Biden’s first State of the Union (SOTU) address to the nation.

“From the passage of the American Rescue Plan to the biggest investment in infrastructure in our nation’s history, the first year of the Biden Administration was a capstone year of legislative victories for transportation labor unions and working people.

“Chief among these legislative victories is the Bipartisan Infrastructure Law (BIL), a once-in-a-generation investment across every sector of our transportation network — and an unprecedented investment in workers. 

“We proudly represent 36 labor unions whose members will be put to work during the implementation of this historic legislation, ushering in a new era of manufacturing, construction, and transportation job creation. We applaud President Biden for putting union job creation and worker empowerment at the center of his governing agenda.

“We welcome the progress of the White House Task Force on Worker Organizing and Empowerment, which recently released a report outlining 70 recommendations to empower workers, including an initiative to increase worker awareness of their federally protected rights to organize and establish a resource center for information on unions and collective bargaining.

“We urge Congress to heed the President’s call to pass the Richard L. Trumka Protecting the Right to Organize (PRO) Act, which would help workers collectively bargain for better wages, benefits, and working conditions.

“We look forward to continuing to work with President Biden and the Administration to create good union jobs, invest in America’s transportation infrastructure, and expand collective bargaining for every transportation worker in the nation.”

A statement from SMART-TD President Jeremy R. Ferguson on the passing of AFL-CIO President Richard Trumka:
“Brother Trumka was a distinguished, energetic and passionate leader — a true force whose presence will be missed by all who knew and worked with him in advancing the solidarity and selflessness that propels the American labor movement. We share in the sorrow of his passing and mourn with our brothers and sisters in labor. SMART-TD extends our most heartfelt condolences and will continue his legacy of standing up for the working class.“
Trumka was a keynote speaker at the 2019 SMART General Convention. Click below to view a highlight from his address to more than 1200 convention delegates.

Dear Sisters and Brothers,
Protests in both the United States and Canada have been used to focus upon racial justice in our communities. SMART stands united with those who are committed to peacefully work towards a racially just society that provides the freedom of opportunity to all.
Many of our fellow citizens are hurting. We cannot be silent in the quest to achieve much-needed social change. We equally stand against those who uphold racism, bigotry and violence. Make no mistake, fighting racism is a labor issue. Bigotry and racism have been used to prevent working people from securing a voice in the workplace for the course of our existence. It is used to divide and conquer by pitting workers against each other. This cannot continue and we must focus on real change and for reforms that address issues of racial and economic inequality.
Over the course of this pandemic, there has been a shift toward caring and empathy. Together, we protect each other. We want you to know that you are my sisters and brothers, that you are my community, that you matter to me! We were moved by our brother, Pastor Paul, “The only reason to look down on someone is to give them a hand up.”
Through our strategic plan we continue our enhanced commitment for systematic change for women and people of color within the industries we represent through our actions and dedicated resources across the United States, Canada and our Labor Movement. We will continue this path and focus to bring about real change. We encourage all members, our industry partners and our communities to join in these efforts.
One life lost is one life too many. Our deepest sympathies and heartbreak lie with the family of George Floyd as well as the many others whose lives were tragically cut short before him. We urge all to remember them through a peaceful struggle towards racial equality for all and we condemn those engaging in violence, the destruction of property and the loss of jobs.
Early this week, the headquarters of the AFL-CIO was damaged during clashes in Washington, D.C. As AFL-CIO President Richard Trumka noted, “We will clean up the glass, sweep away the ashes and keep doing our part to bring a better day out of this hour of darkness and despair.”
“Our work and dedication to the prosperity and freedom for all working families will continue.”

Fraternally,

A workers summit for union members from all over Nebraska is scheduled to take place on Monday, May 6 in North Platte, Nebraska.
Jim “Doc” Moore, a retired associate professor of labor history at Cornell University’s School for Industrial and Labor Relations, will moderate the meetings at 1 and 5 p.m. at the Ramada Inn and Suites, 2102 S. Jeffers St., North Platte, NE 69101.
Among scheduled presenters at the summit, which is open to all union members and their spouses, are Sue Martin, president of the Nebraska AFL-CIO; John Kretzschmar, director of the William Brennan Institute for Labor Studies at the University of Nebraska at Omaha; and SMART TD Nebraska State Legislative Director Bob Borgeson.
The summit is again being organized by Terry Sigler, a retired legislative representative of SMART TD Local 286 in North Platte who remains active in union matters, especially when it comes to safety. Among topics discussed at the successful inaugural meeting in April 2018 were the state’s two-person crew bills and OSHA funding.
“The purpose of the Workers Summit is to unite all the unions to better inform the membership of the issues that are important for their safety and welfare,” Sigler said.

With Workers’ Memorial Day (April 28) almost upon us, the AFL-CIO today released their annual report on deaths on the job. This year’s focus of the report was workplace violence.
According to the AFL-CIO, “Workplace violence is the third-leading cause of death on the job, resulting in more than 29,000 serious, lost-time injuries for workers each year.”
According to the report, in 2017, 5,147 workers lost their lives on the job as a result of traumatic injuries and each day, an average of 14 workers die due to on-the-job injuries. An estimated, 95,000 people die each year from occupational diseases.
The report also states that nearly 3.5 million workers in the public sector had work-related injuries and illnesses, with an additional 2.8 million injuries reported in the private sector. Due to limitations to the current injury reporting system and widespread under-reporting of injuries in the workplace, the AFL-CIO estimates that the true numbers are two to three times greater than these at about 7.0 million to 10.5 million work-related injuries and illnesses per year.
Click here to read the rest of the report from the AFL-CIO.
 
 

In a win for labor, New Mexico Gov. Michelle Lujan Grisham signed House Bill 85 into law, prohibiting counties and other local entities from enacting their own right-to-work laws.
Sponsored by Democratic Reps. Daymon Ely and Andrea Romero, the bill-turned-law invalidates right-to-work resolutions passed in 10 counties and one village.
“The passage of HB 85 Union Security Agreements is a victory for all working families in New Mexico,” the New Mexico Federation of Labor, AFL-CIO said in a press release. “Deceptive and divisive ‘right to work’ laws have no place in our state.
“With HB 85 now signed into law, we hope county and municipal officials will focus on actually creating good jobs, promoting healthy communities, and making our state a better place to live for all working families.”
Click here to read more about the law from NM Political Report.

Trumka

In a memo dated May 31, AFL-CIO President Richard L. Trumka issued a statement to unions on President Trump’s proposed budget.
“This budget is the most significant betrayal yet of the working people President Trump claims to support. It is a blueprint for how to rig the rules of the economy to favor the wealthy and corporations, while taking away our freedoms and protections at work,” Trumka said.
Click here to read that statement.
Click here to read highlights of the proposed budget.

Proposed rule: “Competitive Passenger Rail Service Pilot Program”

FRA_logo_words The Federal Railroad Administration (FRA) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register August 22. This proposed rulemaking from the FRA is a direct result of Section 11307 of the FAST Act which requires FRA to implement a pilot program for competitive selection of petitioners other than Amtrak to operate up to three long-distance routes currently operated by Amtrak. The final rule will establish the procedures for interested parties to submit bids and the information that petitioners must submit to FRA. It will also establish the procedures for the Secretary to evaluate bids, and select and notify selected petitioners, should there be any.

SMART TD, TTD and all of rail labor opposed this concept and other privatization mandates as the bill was going through the legislative process and fought to remove it or include conditions that would protect workers and create a level playing field if it ever went into effect. In the end, while the pilot provision stayed in the final bill, a number of conditions were attached to it at our request and it was limited to three long-distance routes. Given the political realities we face on the Hill and the opposition to Amtrak that exists, this was not an easy task. 

TTD submits comments on proposed rule TTD_Fotor

Yesterday, September 6, the Transportation Trades Department (TTD) of the AFL-CIO commented on the proposed rule published by the FRA. Click here to read TTD’s comments.

National Legislative Director John Risch on TTD’s comments:

Risch
Risch

“The comments filed by TTD urge FRA to ensure that labor, service and Buy America rules that attach to this program are fully implemented. Specifically, TTD’s comments call on FRA to ensure that so-called 4R rail employee protections cover workers impacted by this program. As TTD notes in their comments, we think the law requires this result, but we need to make sure the FRA implements this in the right way. I should note that Rich Edelman, on behalf of the BMWE (which was not included in TTD’s comments since they are not members) also filed comments. Edelman, who has a strong background in this area of the law, goes into more detail on the legal background on the protections which should be helpful. It is important to note that both TTD and Edelman’s comments are on the same page. (Click here to read Edelman’s comments.) They demand 4R act protections and our comments have a whole section that talks about why they are legally needed to be applied and specifically ask that the proposed regulations be amended to require any winning bidder be responsible for those protections. We also are asking FRA to issue guidance to adopt them to this situation.

“TTD’s comments also urge FRA to adopt hiring preferences and procedures for Amtrak employees and to ensure that any new entity is covered by rail laws just like Amtrak is today.   

“We all need to keep this in perspective. Amtrak receives preferential pricing from the Class 1’s to operate over their track, something the Class 1’s have for years decried as inadequate. A new entrant will not likely receive nearly as good an operating rate as Amtrak currently does. If there is a winning competitive bidder on any of these three routes they will only receive 90 percent of the funding that Amtrak currently receives to provide the service making the bidding process even harder.”

SMART TD Testifies before FRA

Today, September 7, the FRA held a public hearing on the proposed rule. SMART Transportation Division National Legislative Director John Risch was at the hearing and testified on behalf of SMART TD. Click here to read his comments.

  John Risch, SMART TD National Legislative Director, testifies at FRA hearing