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Image credit: Metropolitan Transportation Authority of the State of New York, CC BY 2.0 https://creativecommons.org/licenses/by/2.0, via Wikimedia Commons”

Funding from the Bipartisan Infrastructure Law helped jumpstart two enormous projects on the East Coast in January, creating jobs for SMART sheet metal workers and bettering the working conditions of SMART Transportation Division members. In Baltimore, SMART TD Alt. National Legislative Director Jared Cassity joined Amtrak officials, President Biden and others to kick off the B&P Tunnel Replacement Program. The Civil War-era tunnel will be replaced by the brand-new Frederick Douglass Tunnel, increasing reliability, capacity and speed from 30 mph to a peak of 110 mph. Not only will this save commuters time on the largest rail bottleneck between Washington, DC and New Jersey; thanks to a new project labor agreement (PLA), both SMART sheet metal workers and SMART Transportation Division members working at Amtrak stand to benefit.

“The sorely needed replacement of the B&P Tunnel represents one of the largest infrastructure projects in the region,” SMART General President Joseph Sellers said at the time. “It will improve the lives of Amtrak riders and the SMART TD members who work those trains, and the PLA covering the project will ensure the job is completed by highly skilled workers — lifting local communities up in the process.”

The PLA, negotiated by Amtrak and the Baltimore-DC Building and Construction Trades Council, will cover the replacement of the Warwick Bridge and is the first of its kind under a 2021 Memorandum of Understanding (MOU) between Amtrak and North America’s Building Trades Unions (NABTU). The MOU will pertain to Amtrak’s major civil engineering projects moving forward, including the remaining phases of the B&P Tunnel Replacement Program, and will help put SMART sheet metal members to work on critical infrastructure jobs across the country.

The project will also improve working conditions for SMART TD Amtrak employees. The B&P Tunnel is Amtrak’s oldest tunnel on the Northeast Corridor, and it has endured a range of age-related maladies, including excessive water infiltration, structural deterioration and delays that impact more than 10% of trains during the week. Now, thanks to the receipt of funding from the Bipartisan Infrastructure Law — as well as a $450 million contribution from the state of Maryland, which will combine with Amtrak’s intended commitment of approximately $750 million — the SMART TD members on those trains can look forward to performing their duties with significantly less hassle.

“Our members are ready to take on this work, and we as an organization are ready to bring in new members and elevate the working class throughout this nation.”

Further north, $292 million in infrastructure funding is spurring the completion of the Hudson Tunnel modernization project, which will rehabilitate the old North River Tunnel connecting New York and New Jersey, build a new tunnel and improve reliability for the 200,000 passengers who traverse the tunnel each weekday. President Biden visited New York City to champion the project on January 31, 2023, where he noted that this phase of the project would create 72,000 jobs.

“Yesterday in Baltimore, I announced that we’re building [the B&P Tunnel project] under the new project labor agreement. And we’re making sure there is [a PLA] here as well,” Biden said.

Funding for the modernization project faltered under the previous president’s administration. But thanks to the passage of the Bipartisan Infrastructure Law in 2021, construction can resume in earnest for this crucial phase. This alone put tens of thousands of union members to work — and once the tunnel has been fully modernized, it will vastly improve working conditions for SMART Transportation Division members working at Amtrak and regional transit systems.

“Since the passage of the Bipartisan Infrastructure Law, we’ve seen time and again how important critical infrastructure projects are for our members — both the sheet metal members who work on these projects, and the transit workers who keep our country moving every day,” said General President Sellers. “We applaud the pro-labor leadership of Congress and the Biden administration in putting these funds directly towards projects that benefit working people.”

In addition to New York and Baltimore, the AP reports, infrastructure law funding will spur work on the Brent Spence Bridge, which connects Kentucky and Ohio; the Calcasieu River Bridge in Louisiana; a commuter rail project in Illinois; the Alligator River Bridge in North Carolina; a transit and highway plan in California; and roadways in Oklahoma, Pennsylvania and Mississippi.

“Funding from this law — along with renewed investment from private companies — is creating a level of opportunity across our country that is almost unheard of,” SMART Assistant to the General President Darrell Roberts remarked. “Our members are ready to take on this work, and we as an organization are ready to bring in new members and elevate the working class throughout this nation.”

Tell us about yourself and your career at Amtrak.

Growing up as a young boy in the inner city of Washington, DC was very tough, but it built me into the man I am today. A memory at the precipice of my mind that I will never forget is losing my mother at the age of six years old. My life was split in two, and I felt like no one cared about me anymore. I did whatever I felt like doing, I skipped class and eventually stopped going to school for prolonged amounts of time. School became obsolete to me, and I opted for hanging out in the streets with older guys getting into things we had no business getting into.

My uncle did his best to raise my siblings and me, but it was becoming too much for him to handle holding down a job and keeping us out of trouble. He was left with the hard decision of separating us. I never knew who my father was, so my sister and I were sent to live with her father. It was the first time I lived in Kenilworth projects in DC; we had very little money and resorted to second-hand things as our source of having what we needed. Being the tallest of my eight siblings, hand-me-down clothes never really fit quite right. Pants were “high water,” shoes too tight, and sweaters with sleeves way too short. Living in poverty really lit a fire of determination within me to work and earn a living for myself.

It was living in the projects that spurred me to learn the type of work ethic I needed to survive. I was surrounded by negative influences: I saw people selling and doing drugs, drinking very young and stealing to make it through the day. Fortunately, I had a very loving step mother who — despite the mischievousness of my siblings and I — doted on us, instilled routine and structure, and steered us in the right direction. Looking back on it all, I am so grateful for her impact in my life.

I finished high school, had no trade and was not prepared for college. The summer following my high school graduation, I remember wondering to myself what my career would look like. I had dreams of having a family, with a loving home and a white picket fence, but it seemed unattainable at the time. I refused to sulk in what it would look like to not have these things, and focused on how to achieve these goals. That’s when I decided to attend the Diesel Institute of America and get a trade in diesel mechanics.

Having this trade opened the door for me to be hired at Amtrak as a laborer in 1984. After four years of hard work, I was given a promotion with the responsibility of operating locomotives and yard engines. One year following this promotion, I was given the opportunity to test for apprenticeship as a sheet metal pipefitter. I passed the test, and in 1989 I headed to Beech Grove, Indiana, as a member of the last apprenticeship class for Amtrak. Four years later I completed my apprenticeship and soon after was appointed as lead pipefitter in recognition of my hard work ethic.

As I saw my efforts start to be noticed, I grew the confidence to apply for a management role and got the position over 100 other applicants. After four and a half years working, commissioning new high speed rail trainsets and locomotives in Colorado and Pennsylvania, I decided to resign from management and focus again on helping raise my kids and being a sheet metal pipefitter. I had still been paying union dues to SMART, and I knew that by making this decision I could live comfortably and start my dreams of having and raising a family.

What advice would you give to a young person considering getting into this field?

The advice I have for the youth entering this field is to think about the long term and where you see yourself in the near future. My path started by getting into a trade: working with diesel engines, which transformed into working in sheet metal. This is a great field, and you can’t go wrong working in it. Start while you’re young and able to grow and advance with the technology, and hone the skills you’ll acquire along the way. Even if your plans and ambitions change later on, make sound decisions that will help you grow into a better version of who you are today.

My spouse at the time was able to raise our two beautiful daughters in our new home solely off the salary of a sheet metal pipefitter. It has been a very rewarding and providing career, and I would recommend it to the young folks trying to make a living for themselves and/ or their families.

What has been your involvement with SMART?

My involvement with SMART began by dispersing contract information along with information pertaining to the fields that spell out the SMART acronym to fellow pipefitters within the union. To further my commitment to the union, I ran for an officer’s position as financial secretary-treasurer. The local union needed my leadership and steady hand in order to get back in good standing.

During my time, we were successful in balancing the budget, getting membership dues up to date and passing a major audit. I took pride in servicing our members, and it was noticed by our General Chairman John McCloskey. He recommended I apply for the financial secretary-treasurer position for SMART General Committee II for passenger rails. I applied for the role and accepted the opportunity to serve as a board member while holding my place as financial secretary-treasurer for Local 363. With this new level of responsibility, I was able to travel across the country not only to audit 10 local books, but to fulfill my dream of exploring the United States.

SMART General Committee 2
SMART General Committee II

How has working for our union helped you?

Working with the union has helped me to understand what it means to be a part of something bigger, while also being a great contributor to my society and community closest to me. I believe we are all here to help serve one another in varying capacities, and the union was my avenue to serve. Because the union opened its doors for me to give back to my people, I was able to reflect on how I was truly walking in my calling. For that I am grateful.

Tell us something that might surprise people to know about you.

I have more than 38 years of perfect attendance, and I have only been tardy once. And on June 26, 2023, I will celebrate 39 years with Amtrak. The third thing people may be shocked to know about me is that I was a councilman for the Town of Fairmount Heights and that I ran for mayor of my town, only losing by 16 votes. The last thing others may be taken aback by is that I was a member of the team that broke the record for fastest train travel at a speed of 161 miles per hour. This was while I was working in Philadelphia, commissioning high speed trainsets. I guess you could say I am full of surprises.

What are you most proud of?

I would without question say that I am most proud of my daughters Whitney and Juel Downing, who bring a smile on my face at the sheer thought of them. Since birth they have been my pride and joy, something I desired and worked hard for ever since I was a young man. As adults they have exceeded my expectations by earning their bachelors’ and masters’ degrees. Growing up they have given me no issues whatsoever, and I can confidently say I have model children who have grown to become contributing members of society. This brings me the utmost pride.

On Thursday, March 23 – after 15 months of negotiations – the TCU & Shop-Craft Coalition reached a tentative agreement with Amtrak to settle each organization’s respective Section 6 notices for this round of bargaining. The coalition is comprised of the SMART Mechanical Department (MD), the Brotherhood of Railway Carmen (BRC), National Conference of Firemen & Oilers SEIU 32BJ (NCFO), International Association of Machinist and Aerospace Workers (IAMAW), Transport Workers Union (TWU), American Railway Airline Supervisor Association (ARASA), International Brotherhood of Boilermakers (IBB) and the Transportation Communications Union (TCU).

“We appreciate the patience of our members, and we will be providing all the details of this great agreement,” the coalition said in a press release announcing the agreement.

The specific terms of the agreement have been approved by the Amtrak Board of Directors; the details will be presented to SMART MD members for ratification in the coming weeks. This article will be updated.

Amtrak officials joined representatives from the U.S. Department of Transportation, the state of Maryland, SMART TD Alt. National Legislative Director Jared Cassity and President Biden to kick off the first phase of the B&P Tunnel Replacement Program in Baltimore. The Civil War-era tunnel will be replaced by the brand-new Frederick Douglass Tunnel, increasing service reliability, capacity and speed from 30 mph to a peak of 110 mph. Not only will this save commuters time on the largest rail bottleneck between Washington, DC and New Jersey; thanks to a new project labor agreement (PLA), both SMART sheet metal workers and SMART Transportation Division members working at Amtrak stand to benefit for years to come.

“The sorely needed replacement of the B&P Tunnel represents one of the largest infrastructure projects in the region,” said SMART General President Joseph Sellers. “It will improve the lives of Amtrak riders and the SMART TD members who work those trains, and the PLA covering the project will ensure the job is completed by highly skilled workers – lifting local communities up in the process. Our members look forward to applying their professionalism and craft to this vital work.”

The PLA, negotiated by Amtrak and the Baltimore-DC Building and Construction Trades Council, will cover the replacement of the Warwick Bridge and is the first of its kind under a 2021 Memorandum of Understanding (MOU) between Amtrak and North America’s Building Trades Unions (NABTU). The MOU will apply to Amtrak’s major civil engineering projects moving forward, including the remaining phases of the B&P Tunnel Replacement Program, and will help put SMART sheet metal members to work on critical infrastructure jobs across the country.

Once completed, the new Frederick Douglass Tunnel will vastly improve the lives and working conditions of SMART TD Amtrak workers.

The B&P Tunnel is Amtrak’s oldest tunnel on the Northeast Corridor and, according to an Amtrak media release, a single point of failure for both MARC and Amtrak trains. The 1.4-mile tunnel connects Baltimore to Washington, DC, and endures a range of age-related maladies, including excessive water infiltration, structural deterioration and delays that impact more than 10% of trains during the week. All of this not only impacts the lives of commuters; it complicates the work SMART TD members perform on a daily basis.

Now, thanks to the receipt of funding from the Bipartisan Infrastructure Law – as well as a $450 million contribution from the state of Maryland, which will combine with Amtrak’s intended commitment of approximately $750 million – Amtrak workers can look forward to performing their duties with significantly less hassle.

“As the workers who safely transport passengers to their destinations every day, SMART TD members know better than anyone how vital it is for our rail infrastructure to be up-to-date and geared towards safety,” Cassity said. “The B&P Tunnel replacement will benefit commuters and Amtrak workers for generations to come, and we applaud Amtrak, the state of Maryland and the federal government for pursuing it.”

Jose F. “Joey” Garcia, local chairperson of Local 168 (Chicago, Ill.), passed away suddenly in December at his home in Chicago.

Jose F. “Joey Garcia

Brother Garcia, 46, actively participated in our union since his railroad career began in 2005. An Amtrak conductor, Brother Garcia served as a legislative representative, trustee, vice local chairperson and finally as local chairperson.

“Joey was a funny and loyal friend,” General Chairperson Rick Pauli of GO 769 said. “He was a great advocate for the members of SMART-TD Local 168 and will be truly missed.”

Along with supporting and representing our fellow union members, he was a loving father of two beautiful children he adored.

Along with representing his fellow union members, he was a loving father of two beautiful children he adored. Brother Garcia is survived by his children, father, three siblings and several family and friends who will miss him dearly.

“On behalf of all the men and women of Local 168, I extend deepest condolences to the family and friends of Brother Garcia,” said Nate Hatton, local chairperson of LCA-769.

Please keep his family in your thoughts and prayers.

The New York Post reported that Amtrak paid out over $2.3 million in annual bonuses to 10 executives in 2021, despite the carrier seeing its lowest revenues in a decade.

In the article published by the Post on Oct. 5, the bonuses were reported by Amtrak to be “earned incentives,” but it’s hard to understand the structure of an incentive program that paid an average 58.12% bonus to 10 executives in a year when the company was hemorrhaging money post-pandemic.

It’s also unclear what criteria these bonuses were based upon; The New York Post referenced a Freedom of Information Act request as the source of the salary data.

In regard to this report, SMART Transportation Division President Jeremy Ferguson commented: “Amtrak has received an influx of COVID-19-related government funds the past two years, and this is how they chose to use our tax dollars. Meanwhile, our members were the ones moving trains and the nation’s passengers daily in the face of a deadly pandemic. We will remember the value Amtrak puts on such ‘earned incentives’ when we negotiate the next contract for our Amtrak conductors and other members who worked on the front lines.”

According to the N.Y. Post report, Amtrak Deputy General Counsel William Herrmann’s base salary of $352,898 was compounded by an astonishing bonus of 85.29% for a total of $653,879. This bonus of over $300,000 was only enough to rank Mr. Herrmann fourth in overall compensation at Amtrak, but he did net the highest percentage of his salary in the bonuses, the Post reported.

In the same year these executives were apparently crushing their performance metrics to earn these bonuses, while in all probability working from isolation, the popular employment website Indeed.com put the average salary of an Amtrak conductor at $71,916 over the past 36 months.

Had the average conductor received the same 58.12% bonus these executives made on average, they would have received $41,797. At least one Amtrak general chairperson who was contacted and other Amtrak employees reported 0% in bonuses were received. In addition to not receiving bonuses, the Amtrak rank and file had a much different 2021 than their bosses. These men and women faced large-scale furloughs, and those who stayed working often were forced to chase work to terminals hours away from their homes. This led to distinct declines in their home time and their quality of life. Many of these conductors used Amtrak trains to deadhead themselves to work at their new terminals, which racked up an incalculable amount of uncompensated hours and indirectly allowed Amtrak to skirt federal Hours of Service regulations.

This blatant disregard for safety comes as no surprise when we look at the Section 6 notices that Amtrak has put forward in advance of the next contract negotiation. In these notices, the only item listed under the heading of “Safety” on the company’s vast wish list is that they expand random testing for drugs and alcohol. Apparently, that is the only safety concern facing Amtrak’s workforce in their view.

The executive bonuses might seem par for the course and typical for our day, but even by the standard we have come to expect in corporate bonuses, the Amtrak executives’ windfalls are exorbitant.

The New York Post pointed out in their article that in 2016, 2017 and 2018, Amtrak executives received much smaller bonuses and received no bonuses in 2015 and 2020. With the company ending the year in the red for the 51st consecutive time, it is difficult to imagine what spurred this windfall for the brass of this heavily taxpayer-subsidized company.

To put a bow on it, when asked about bonuses for conductors in 2021, one manager told his crews that, “Our bonus to you is that you kept your job.” It’s hard to encapsulate Amtrak’s view any better than that.

Read the New York Post article and an accompanying graphic breaking down the Amtrak executive pay and bonuses for the 10 executives.

CLEVELAND, Ohio —Upon the announcement by President Joe Biden of his nomination of five candidates to serve upon the Amtrak Board of Directors, SMART Transportation Division President Jeremy Ferguson, in conjunction with the TD National Legislative Department, issued the following statement on April 29, 2022:

“As has been the case since the very onset of his administration, President Biden has taken a measured and conscientious approach in making choices for the good of the nation. He continues to prioritize the concerns of labor as he and the DOT pursue an unprecedented and historic transformation of the nation’s passenger-rail network. We appreciate this focus, and we pledge to remain actively engaged as the Build Back Better vision is pursued. We hope for a swift confirmation process for the nominees so that Amtrak can expand its service thanks to the Bipartisan Infrastructure Law and provide robust employment opportunities well into the future.”

Read more about the nominees here.

In April 2021, we met with Steve Dodd and Greg Hynes to talk about the first 100 days of the Biden administration. We have brought them back for this Talking SMART episode to talk about the first year of the administration and, more specifically, its impact on SMART members. 

Steve Dodd

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.

“This president has done something that all presidents have always talked about but never were able to accomplish,” said Dodd. “This Bipartisan Infrastructure bill, and now its implementation, means a great deal to not only sheet metal workers but all workers, whether they’re union or nonunion, across the United States.”

Greg Hynes

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.

“The most obvious are the appointments and the people that President Biden has surrounded himself with,” said Hynes. “He’s actually put competent people in charge of these agencies. And they are all very labor friendly, I mean, it comes from the top down.”

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.

Return to Talking SMART index page.

Talking SMART is a member of the Labor Radio Podcast Network — working people’s voices, broadcasting worldwide 24 hours a day.

CLEVELAND (Nov. 23, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) are challenging Amtrak over its actions in implementing its COVID-19 vaccine policy without the bargaining mandated by the Railway Labor Act. The unions filed suit today against the nation’s passenger railroad in the United States District Court for the Northern District of Illinois, Eastern Division.

The suit is similar to claims filed by the SMART-TD and BLET against Union Pacific (UP) and Norfolk Southern (NS) and the BNSF Railway (BNSF) regarding their vaccine policies. The unions have taken the position that Amtrak has no authority to unilaterally implement and enforce a COVID vaccination mandate among its employees, and that its actions in failing to negotiate terms of implementation violate the status quo requirement of the Railway Labor Act, thus engendering a major dispute.

SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:

“Amtrak has ordered all employees to submit proof prior to December 8, 2021, that they have received at least one vaccine shot, and submit proof by January 4, 2022, that they have received their final vaccine shot, or they will be subject to termination of employment. Amtrak is directly dealing with its employees instead of negotiating with us over its unilateral mandate.

“We have several objections to Amtrak’s unilateral implementation of its policies mandating them and illegally dealing directly with its represented employees. We will continue to fight on behalf of all SMART–TD and BLET members in an effort to stop Amtrak’s lawlessness in its tracks.”

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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.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

In this photo posted to Twitter by Evan Courtney, Local 84 member Terrence Dicks, in blue, the Amtrak conductor who was aboard the Sunset Limited during a fatal gun battle Oct. 4, comforts a Tucson police officer at the scene.

A DEA officer was killed, as was a suspect, and two other law enforcement officers were wounded when gunfire erupted inside Amtrak’s Sunset Limited train the morning of Oct. 4 while it was stopped at the Southern Arizona Transportation Museum in Tucson.
One suspect was in custody, according to media reports, and none of the 137 passengers or 11 crew members aboard the train were injured in the incident, which authorities said was precipitated by a routine search for illegal contraband and drugs aboard the train.
Video of the incident as it happened was captured by a live railfan cam at the museum station.
Terrence Dicks, a 20-year member of our union and a member of Local 84 (Los Angeles, Calif.) who was the conductor on the train when the gun battle happened, can be seen in a photo provided to The Associated Press and other media outlets on Twitter by passenger Evan Courtney providing comfort to a Tucson police officer who had responded to the scene.
The identities of the slain DEA agent, the injured officers nor the suspects were not released at the time of this article’s publication.
“We express our most heartfelt sorrow to the law enforcement brothers and sisters of the DEA agent who was killed in this senseless act of violence, and we wish for rapid recoveries for the two wounded officers,” said SMART Transportation Division National Legislative Director Gregory Hynes. “We also express relief that the incident in Tucson did not result in additional casualties among the passengers and crew who were aboard the train.
“But that such an incident happened during a routine stop and search exposes a great flaw in the security measures currently used on our nation’s passenger rail system. We again call upon Congress to enact measures that bring the level of security screenings aboard the nation’s passenger trains to where they are in the nation’s airports.”
SMART-TD initially called for such measures by federal agencies soon after the Jan. 6, 2021, insurrection at the nation’s capital.