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WASHINGTON, D.C. — Five railroads recently requested a special waiver to run their trains free from the oversight of the mandated safety technology Positive Train Control (PTC). The Federal Railroad Administration (FRA) denied their request in part due to union objections.

Greg Hynes, SMART-TD’s national legislative director, explains that “our opposition was grounded in a commitment to protect our members and the public from the risks associated with operating trains without PTC.”

Class I carriers BNSF and Norfolk Southern, and passenger carriers South Florida Regional Transportation Authority, Caltrain, and the New Mexico Rail Runner Express requested the waivers. Railroads often request waivers to critical regulation that protect the communities through which they operate, but that can impact their operating expenses. In this case, the expense of keeping critical safety technology in good working order. Deferring that maintenance is one way they can cut costs.

Waivers such as this one is one strategy the railroads employ to undermine the regulations they perceive as burdensome; despite the positive impacts the rules have on public and worker safety. Freight carriers often prioritize production over safety, as they were trying to increase the speed of trains without the vital safety overlay of PTC.

“The FRA’s denial of this waiver request is a victory for rail safety and underscores the importance of adhering to established safety protocols,” Hynes said.

Jared Cassity, SMART-TD’s Alternate Legislative Director, added, “SMART-TD will continue to be a vigilant watchdog in the FRA’s public comment process. We are dedicated to ensuring that safety regulations are not compromised and that our members work in environments where safety is not negotiable.”

SMART-TD, alongside the Brotherhood of Railway Signalmen (BRS), the AFL-CIO’s Transportation Trades Department (TTD), and the Brotherhood of Locomotive Engineers (BLE), opposed the request.

SMART-TD closely monitors the FRA’s public comment process as part of the union’s unwavering commitment to rail safety. Our members are the most at risk, which is why we continuously advocate for regulations that prioritize the well-being of rail workers, the safety of rail operations, and the communities in which we operate.

The railroads’ waiver was under review through FRA Docket Numbers FRA-2010-0039, FRA-2010-0045, FRA-2010-0051, FRA-2010-0056, and FRA-2010-0060.

SMART-TD is the Transportation Division of the Sheet Metal, Air, Rail and Transportation Workers union. The union is the largest rail union in the United States and represents several operating crafts.

FRA’s denial letter to railroads

FRA-2010-0060-0172_attachment_1Download

SMART-TD comment

SMART-TD-public-comment-on-5-railroads-subverting-PTCDownload

Dear SMART TD member:
Please click on the link below to sign (and please share) this online petition to the White House asking the FTA to approve funding that has long been earmarked for San Francisco’s Caltrain’s Peninsula Corridor Electrification Project (PCEP) a high-speed, electric commuter train system project:
https://petitions.whitehouse.gov/petition/support-9600-american-jobs-tell-fta-approve-funding-caltrain-electrification
The petition urges President Donald Trump to reverse Transportation Secretary Elaine Chao’s decision, which was to stop the project by placing $647 million in federal funding on hold. This transportation project has been years in the making and promises to replace Caltrain’s current diesel-fueled commuter trains with high-speed, electric commuter trains.
Sen. Diane Feinstein and Sen. Kamala Harris of Calif. released the following joint statement: “This decision is incomprehensible and will cause delays and millions of dollars of additional costs that could jeopardize the entire project.”
President Trump’s repeated campaign promises centered on safeguarding American jobs, creating thousands of new jobs and upgrading and developing our infrastructure. If that is still true, Trump must allow this project to move forward, as Caltrain PCEP will create nearly 10,000 jobs, not only in California, but in other states as well, including Utah, Texas, Virginia and Pennsylvania.
Please sign the petition and share it with your brothers and sisters of of all trades.

Railway Age reported that contractors on Caltrain’s Peninsula Corridor Electrification Project (PCEP) agreed to extend the deadline for first day of construction from March 1, 2017 to June 30, 2017.  This announcement was issued just days after the Federal Transit Administration (FTA) announced that the execution of a $647 million funding FFGA (Full Funding Grant Agreement) is now on hold, and will remain on hold until President Trump decides which federal funds will go where in his budget proposal to Congress. When/if completed, the years-long project will culminate in a cleaner, more efficient, high-speed commuter rail system in the busy San Francisco corridor, as diesel commuter trains will be replaced by electric trains. However, if the funds are not released by June 30, the project may be derailed permanently.  Read the complete article here.
To read more on the project, click here.
 
 

 In preparation for a new operator of Caltrain commuter service in Northern California, the UTU has moved to protect its members who choose to transfer from Amtrak to the new operator.

Caltrain operates south from San Francisco to San Jose and Gilroy.

TransitAmerica Services, Inc. (TASI), a subsidiary of Herzog Transit Services, will replace Amtrak as operator of Caltrain beginning May 26, following a rebid process by the Joint Powers Board that controls the commuter operation. Amtrak has operated Caltrain since 1992. TASI won a five-year operating agreement that begins in May.

The UTU has reached an agreement with TASI, recognizing the UTU as the representative of conductors and assistant conductors who will be hired by TASI. The agreement governs rules, rates of pay and working conditions for conductors and assistant conductors on TASI, giving first right of hire to Amtrak employees who are working in the service as of May 25.

In the event that the number of Amtrak conductors and assistant conductors who apply for employment on TASI — and who are hired — exceeds the number of positions available at startup, such applicants will be placed on hiring pool list for subsequent employment.

UTU-represented conductors and assistant conductors in Amtrak Zone CS-2 on May 26 will, as a result of the change in operators, have no Amtrak positions left to work, and will be placed in home terminal/displaced status under provisions of Rule 8 of the current collective bargaining with Amtrak.

Conductors and assistant conductors have rights to flow to other Amtrak zones as provided under the Amtrak agreement.

If those rights are not exercised within a five-day period beginning May 26, the Amtrak Zone CS-2 conductors and assistant conductors will become home terminal furloughed, as provided by Rule 9 of the Amtrak agreement. Conductors and assistant conductors under home terminal furlough who accept employment with TASI will continue to maintain seniority and employment rights with Amtrak until such time as recalled to service by Amtrak.

Amtrak conductors and assistant conductors working outside Zone CS-2 may submit an application to TASI for employment, but must be aware that if non-Zone CS-2 conductors or assistant conductors choose to leave active status with Amtrak for employment with TASI, Amtrak will not grant a leave of absence and those individuals will terminate their employment rights and seniority with Amtrak.

Before making a decision on whether to apply for employment with TASI, the UTU recommends you review the TASI/UTU implementing and working agreements, which are available for inspection by clicking on the following link:

TASI/UTU implementing and working agreements

This agreement is modeled after the current Amtrak collective bargaining agreement, with some modifications and enhancements to reflect the new operator and the current round of negotiations with Amtrak.

The agreement preserves and enhances current crew consist and productivity allowances and retains years of service for vacation entitlement of Amtrak employees who are employed by TASI. In addition, the agreement provides for health and welfare benefits equivalent to those in the current Amtrak contract.

The negotiating team consisted of GO 769 Chairperson Dirk Sampson and Vice General Chairperson Charlie Yura. They were assisted by UTU International Vice President John Previsich.

“Chairpersons Sampson and Yura are to be commended for their leadership role in securiing for their members a first right-of-hire with the new operator, while maintaining for all of TASI’s UTU-represented employees wages and working conditions that are equal to, or exceed, those currently in place on Amtrak,” Previsich said.