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This week, President Donald Trump released his 2018 budget proposal, which includes severe funding cuts to Amtrak along with the elimination of federal support for Amtrak’s long distance train services.

Despite criticisms by some in Congress, Amtrak served approximately 31.3 million customers last year with many of its services performing at record years in both ridership and revenues. The elimination of long distance Amtrak routes would terminate passenger rail service in 23 states, resulting in fewer railroad jobs, which means less money in the Railroad Retirement Fund.

Please take a moment to contact your elected representatives in Congress to urge them to OPPOSE any federal budget cuts to Amtrak by clicking the link below and sending a pre-drafted message via the SMART TD Legislative Action Center.

Click HERE to urge your Representative to OPPOSE the President’s budget cuts to Amtrak!

RUGBY, N.D. – A 25-foot wall of snow stopped an eastbound Amtrak train in its tracks for twelve hours. Fortunately, no one was injured. Passenger services aboard the train remained operational, making the long wait more bearable. Read more from Bismarcktribune.com here.
 
 
 
 

BOSTON – The National Railroad Passenger Corp., better known as Amtrak, retaliated against a supervisory special agent in its inspector general’s office when he raised concerns about railroad safety, fraud and abuse involving an Amtrak contractor and when he supported a fellow agent’s safety concerns during an internal investigation, the U.S. Department of Labor’s Occupational Safety and Health Administration has found.
In early to mid-2010, the agent was investigating an Amtrak contractor that had been convicted in a New York state court for fraud in examining and testing concrete at building projects in the New York City area. This Amtrak contractor had performed testing on certain Amtrak tunnel projects. Strongly believing it was necessary for safety and security reasons, the agent raised safety concerns regarding work performed by this contractor on Amtrak projects.
Then, in October 2010, the agent gave Amtrak’s Dispute Resolution Office information and provided support for a fellow employee who had received a letter of reprimand after he raised safety concerns in a separate matter. The following month, the agent received his first-ever negative performance review. In March 2011, Amtrak notified him that – as a part of an overall reorganization – his position was being eliminated. In the course of the next few months, the agent applied for other positions, but was told that he lacked the required law enforcement training, despite a 40-year law enforcement career that included equivalent training. In June 2011, Amtrak notified the agent that he would be terminated due to his not being placed in a new position.
The terminated agent later filed a whistleblower complaint with OSHA. After concluding its investigation, the agency determined that the complainant engaged in protected Federal Railroad Safety Act activities when he raised concerns about safety issues related to work conducted by the Amtrak contractor and when he expressed his support of his fellow agent’s safety complaints. OSHA also found these protected activities contributed as factors in his termination by Amtrak.
“In this case, an employee was terminated for pursuing and reporting safety concerns. The employer’s retaliation is unacceptable and illegal. Federal law gives rail carrier employees the right to raise safety, health and security concerns with their supervisors without fear of retaliation. When retaliation occurs, it can have a chilling effect on employees and create a climate of silence where employees’ fear to speak up masks conditions that could impact their health and well-being, and that of their customers,” said Jeffrey Erskine, OSHA’s acting New England regional administrator.
OSHA has issued a notice of findings to Amtrak ordering it to take the following corrective actions:

  • Reinstate the employee to his former or a similar position with all rights, seniority and benefits he would have received had he not been discharged.
  • Pay him a total of $892,551, which is comprised of $723,332 in back wages plus $34,218 in interest; $100,000 in punitive damages; $35,000 in compensatory damages; plus reasonable attorney’s fees and costs.
  • Expunge from Amtrak’s records all references related to his discharge and exercise of his FRSA rights; make no adverse statements concerning his employment at Amtrak; and not retaliate or discriminate against him in any manner.
  • Post a notice to all railroad employees about their FRSA rights.

The employee and Amtrak each have 30 days from receipt of OSHA’s findings to file objections and request a hearing before the Labor Department’s Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the Secretary of Labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Commuter rail has been former Vice President Joe Biden’s method of transportation his entire career. During his 36-year run as U.S. Senator, Biden commuted daily from his home in Delaware to Washington D.C., then back home again – a three hour, roundtrip commute. On Friday, January 20, immediately after the inauguration, Biden kept with tradition and took the Amtrak home to Wilmington. See a video clip reported by CNN and posted on Youtube, here.
 

David Pryor, Amtrak conductor and member of SMART TD Local 168, loves his job on the commuter rail and shared his sentiments and experiences in a recent interview with The Atlantic.   Not only does the job provide him with the opportunity to travel, he also noted that being on the railroad continually restores his faith in humanity.
“In my 27 years, I’ve seen people helping complete strangers. It lets you see the world from a different perspective. There are still a lot of wonderful people in this world,” Pryor stated to Associate Editor, Bourree Lam.  Read the complete article here.
 

New trainsets to enter service in 2021; Station upgrades and improvements for track capacity and ride quality among infrastructure upgrades

amtrak_w_shadow_150pxWASHINGTON – Amtrak is contracting with Alstom to produce 28 next-generation high-speed trainsets that will replace the equipment used to provide Amtrak’s premium Acela Express service. The contract is part of $2.45 billion that will be invested on the heavily traveled Northeast Corridor (NEC) as part of a multifaceted modernization program to renew and expand the Acela Express service.
“Amtrak is taking the necessary actions to keep our customers, the Northeast region and the American economy moving forward,” said Amtrak President & CEO Joe Boardman. “These trainsets and the modernization and improvement of infrastructure will provide our customers with the mobility and experience of the future.”
The new trainsets will have one-third more passenger seats, while preserving the spacious, high-end comfort of current Acela Express service. Each trainset will have modern amenities that can be upgraded as customer preferences evolve such as improved Wi-Fi access, personal outlets, USB ports and adjustable reading lights at every seat, enhanced food service and a smoother, more reliable ride.
This procurement comes as demand for Acela Express service is as popular as ever, with many trains selling out during peak travel periods. The new trainsets will allow for increased service including half-hourly Acela Express service between Washington D.C. and New York City during peak hours, and hourly service between New York City and Boston.
“As more people rely on Amtrak, we need modernized equipment and infrastructure to keep the region moving,” said Chairman of the Amtrak Board of Directors Anthony Coscia. “These trainsets will build on the popularity and demand of the current Acela Express and move this company into the future as a leader in providing world-class transportation.”
The new trainsets will operate along the Washington – New York – Boston Northeast Corridor initially at speeds up to 160 mph and will be capable of speeds up to 186 mph and thus will be able to take advantage of future NEC infrastructure improvements.
Additionally, the trainsets use the base design of one of the safest high-speed trainsets. Concentrated power cars, located at each end of the trainset, provide an extra buffer of protection. The trainsets will also meet the latest Federal Railroad Administration (FRA) guidelines including a Crash Energy Management system.
“The next generation of Acela service will mean safer, faster and modern trains for customers throughout the Northeast,” said U.S. Senator Charles Schumer. “This investment will pay immediate dividends for businesses and travelers from Washington D.C. to Boston, and the fact that these new trains will be built in Upstate New York makes this project a win-win. These New York-made Acela trains will soon be zipping along the Northeast Corridor and – as a regular customer – I can’t wait for my first ride.”
“The Northeast Corridor is a national economic engine that carries a workforce contributing $50 billion annually to the national GDP,” said U.S. Senator Cory Booker. “Amtrak’s continued investment in modernizing its fleet will only serve to enhance this vital rail link between Boston and Washington D.C. while allowing for safer and faster travel at a time when passenger demand is expected to rise. Strengthening our nation’s infrastructure is essential to the economic growth of our region and the nation and this investment by Amtrak will help ensure the reliable service travelers expect.”
Amtrak is funding the trainsets and infrastructure improvements through the FRA’s Railroad Rehabilitation & Improvement Financing program that will be repaid through growth in NEC revenues.
“Amtrak is grateful for all of the support we have received from Congress, especially from Sen. Schumer and Rep. Reed who represents Hornell, New York – home of the Alstom facility,” said Boardman. “We would also like to thank Senate Commerce Committee Chairman Thune and Ranking Member Nelson and House Transportation Committee Chairman Shuster and Ranking Member DeFazio for their leadership on the FAST Act. Additionally, we appreciate the efforts of Senators Booker and Wicker for their support on the inclusion of the rail title, the first time Amtrak reauthorization has been included in surface transportation legislation.”
In addition to the trainsets, Amtrak is also investing in infrastructure needed to improve the on-board and station customer experience that will accommodate the increased high-speed rail service levels.  Amtrak will invest in significant station improvements at Washington Union Station, Moynihan Station New York, as well as track capacity and ride quality improvements to the NEC that will benefit both Acela Express riders and other Amtrak and commuter passengers.  Amtrak will also modify fleet maintenance facilities to accommodate the new trains.
The trainsets will be manufactured at Alstom’s Hornell and Rochester, N.Y., facilities, creating 400 local jobs.  Additionally, parts for the new trainsets will come from more than 350 suppliers in more than 30 states, generating an additional 1,000 jobs across the country.
The first prototype of the new trainsets will be ready in 2019, with the first trainset entering revenue service in 2021. All of the trainsets are expected to be in service, and the current fleet retired, by the end of 2022.
High-resolution photos, a video, fact sheet and other materials are available here.

George Casey_Sen Warren_ Chris Weldon
From left: New England States SLD George Casey, Sen. Elizabeth Warren, Assistant SLD Chris Weldon

SMART TD State Legislative Director of the New England States, George Casey, reports that he and Assistant State Legislative Director Chris Weldon attended a presentation given by Senator Elizabeth Warren (Mass. – D) that focused on “America’s Agenda.” Mass. AFL-CIO executive board members.
“We discussed FAST Act repercussions on Amtrak and two-person crews,” Casey said.
According to Warren’s website, “America’s Agenda” is about the economic security of working families and what can be done to rebuild the middle class. Warren is currently traveling across Massachusetts, giving presentations on this agenda.
Click here to view a video on Warren’s agenda.

Federal Agency Charged Railroad Company Refused to Hire Qualified Machinist Due to Epilepsy

eeoc-logoSEATTLE — The Washington, D.C.-based National Passenger Railroad Corporation, better known as Amtrak, will pay $112,000 and provide other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

According to EEOC’s suit, Amtrak withdrew its job offer of machinist journeyman at its Seattle yard when it learned Shawn Moe had a history of three epileptic seizures over the course of his life. Amtrak cited safety concerns, despite Moe’s record of safely working a similar job and despite his neurologist verifying to Amtrak that his epilepsy was successfully controlled on medication, that he had been seizure-free for years, and that he was able to safely perform the essential functions of the job without limitation while on medication.

“The fact that I have epilepsy has never prevented me from safely doing my job, not in the years I worked for another locomotive company before I applied to Amtrak, and not at the railroad machinist job I found after Amtrak took back its job offer,” said Moe. “Amtrak’s decision to withdraw its offer hit my family at a particularly vulnerable time because my wife and I just had our first baby. I thought, what if other employers react as Amtrak did and I can no longer practice my trade? How would I support my family?”

The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against an employee because of his disability, and also requires an employer to assess a worker’s actual ability to perform job functions where potential safety concerns are raised. EEOC filed suit in U.S. District Court for the Western District of Washington [Case No. 2:15-cv-01269] after first attempting to reach a pre-litigation settlement through its conciliation process.

The three-year consent decree settling the lawsuit provides $112,000 to Moe in lost wages and compensatory damages. The decree also requires Amtrak to train its staff on hiring obligations and assessing reasonable accommodations under the ADA. Amtrak will also implement and disseminate a modified ADA policy, and will post a notice for employees about the consent decree and employees’ rights under the ADA.

EEOC Senior Trial Attorney May Che said, “Amtrak concluded that Mr. Moe presented a significant safety risk without assessing the actual likelihood of him having a seizure at all. In enacting the ADA, Congress stated that employers must rely on objective, factual evidence — not on subjective perceptions, irrational fears, and patronizing attitudes — about the nature or effect of a particular disability, or of disability generally.”

EEOC Seattle Field Director Nancy Sienko added, “One out of every 26 people will develop epilepsy at some point in their lives. Given that epilepsy reportedly affects 2.2 million Americans and affects each person differently, it is critical that employers do not base job decisions on stereotypes, but instead carefully consider an employee’s abilities.”

According to publicly available information and its website, www.amtrak.com, Amtrak is a publicly funded service, operated and managed as a for-profit corporation with headquartered in Washington, D.C. In fiscal year 2015, Amtrak served over 30.8 million passengers and had $3.2 billion in revenue, while employing more than 20,000 people nationwide.

EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its website at www.eeoc.gov.