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Class I railroad carriers BNSF and NS declared an impasse this week in the mandatory bargaining over crew size under Section 6 of the Railway Labor Act (RLA). In declaring an impasse, the two railroads, represented by the National Railway Labor Conference (NRLC), seek federal mediation as required by the RLA. Union Pacific Railroad is not seeking mediation at this time.

Beginning in October 2019, most Class I carriers served notice under Section 6 of the RLA to force the SMART Transportation Division to bargain over crew size. Today crew size is determined by collective bargaining agreements implemented by Presidential Emergency Board 219 under then-President George H.W. Bush.

SMART-TD and the involved General Committees intend to continue to demonstrate the significant problems with the carriers’ plans and the current technology that carriers believe allows for a redeployment of conductors to ground-based positions.

SMART-TD General Committees and union leadership will continue to fight to protect the jobs of today as well as the jobs of the future and to ensure protection for SMART-TD members.

In the current episode of Talking SMART, we sit down with SMART TD President Jeremy Ferguson to talk about a subject that is foremost on the minds of many members. In February 2022, BNSF arbitrarily changed its attendance policy and took advantage of a pro-management judge to force (as of now… this episode was recorded in early March), a draconian “Hi-Viz” attendance policy upon the very members who have kept the company operational through the pandemic – and who earned BNSF record profits in 2021. President Ferguson also provides an update on contract negotiations with the national rail carriers.

A federal court in Texas ruled in favor of rail carriers this week, directing the SMART Transportation Division to negotiate over crew-consist without regard to moratoriums barring such negotiation.
U.S. District Court Judge Mark T. Pittman, a January 2019 Trump appointee, issued his ruling on February 10, 2020.
The case was filed Oct. 3, 2019, by BNSF, CSX, Kansas City Southern, Grand Trunk Western, Norfolk Southern, Illinois Central, Union Pacific, and the Belt Railway Company of Chicago asserting that the moratoriums in the various crew-consist agreements did not bar the carriers from reopening crew consist.
The judge, following the carriers’ arguments and ignoring any counter by the union, found that any dispute over whether the moratoriums barred reopening was a minor dispute, then nonsensically concluded that the union would have to negotiate while arbitrating over whether the union even had to negotiate in the first place.
“Unfortunately, this decision comes as no surprise. The court ignored the provisions of the RLA,” SMART-TD President Jeremy Ferguson said. “The judge sided with the carriers on every issue, not even recognizing our arguments or providing any real analysis. It is simply infuriating.”
Carriers are attempting to replace one of the crew members in the cab of the train with technology and to establish one-person operations. The crew-consist agreements that have been negotiated by the SMART-TD and its predecessor unions over many years stand in the way but are being undermined by this and other actions.
“As a group we are going to work together to correct the course that this ruling has put us on,” Ferguson said.
SMART-TD filed an appeal with the 5th Circuit Court of Appeals in New Orleans, La., on February 12, the day after the judge’s ruling was released.
In a related matter, the National Railway Labor Conference (NRLC), which represents the carriers, has requested that the National Mediation Board (NMB) appoint an arbitration board member to force a single arbitration over the more than two dozen crew-consist agreements that have been negotiated locally by various General Committees.
SMART-TD, and nearly two dozen of its GCs, have sued the NMB challenging the Republican members’ 2-1 decision granting the carriers’ request to appoint an arbitrator.
Judge Pittman’s ruling is available for review here.

Brothers and sisters of the SMART Transportation Division,
I wanted to take this opportunity to explain what the crew consist lawsuit that has been filed in federal court in Texas is about. From the questions we have received, it appears that there is some confusion.
The lawsuit, filed on October 3, 2019, by BNSF, CSX, Kansas City Southern, Grand Trunk Western, Norfolk Southern, Illinois Central, Union Pacific, and the Belt Railway Company of Chicago, attempts to challenge the crew consist moratoriums of various local agreements and force the Organization to bargain over crew consist on a national level in this upcoming round of national negotiations. As a bit of background, when the crew consist agreements were negotiated, the carriers agreed to a “moratorium” on negotiating over this topic. Under the Railway Labor Act, a moratorium serves to bar negotiations over topics for a defined period of time. The carrier is now insisting that we arbitrate the meaning of the moratorium provisions.
This is not the first time that the carriers have attempted to challenge the crew consist agreements they have entered into over the years. It seems that in each round of bargaining they raise this issue anew. And in each round, they have lost the argument. Although we have not yet been served with the lawsuit, we are ready to defend our agreements.
Interestingly, the lawsuit was filed on the same day we were holding the Association of General Chairpersons District 1 meeting. When notified of the suit, all 56 General Chairpersons, without exception, pledged to act in solidarity as we embark on the upcoming round of National Railroad contract talks. The signing of the resolution is but one example of the inseparability that we will exhibit going forward as we negotiate.
I have attached the lawsuit for your review, and I will keep you apprised as matters develop. With all the various media avenues that can be full of misinformation, I feel that it is extremely important that our members be aware of the facts of the situation.

In solidarity,

 

 
 
 

Jeremy Ferguson
President — Transportation Division

SMART Transportation Division officers and attendees of the Association of General Chairpersons — District 1 conference stand together at the conclusion of the meeting on Oct. 3.

INDEPENDENCE, Ohio — Hours after a lawsuit by rail carriers targeting our union over crew consist was announced Oct. 3, the Association of General Chairpersons — District 1 unanimously resolved to act in solidarity.
The resolution states:
“In response to the Carriers’ attempts to undermine bargaining and divide us, we, the members of District 1, resolve to act in solidarity in every effort to protect our members and our rights under the Railway Labor Act.”
Every general chairperson in attendance signed the resolution as the meeting concluded.
Transportation Division President Jeremy Ferguson praised the leadership of the General Committees for a quick and unified response at the conclusion of the District 1 conference in the Cleveland area that also finalized the Section 6 notices that will trigger the beginning of the next round of National Rail Contract negotiations.
“As we progress forward into this negotiating period and beyond, solidarity among our membership at all levels everywhere will drive us as we overcome the challenges ahead,” Ferguson said. “This unanimous resolution shows at the outset that we stand together and will speak with one loud, clear voice.”
On Oct. 3, the National Railway Labor Conference (NRLC) filed a lawsuit in federal district court in the Northern District of Texas.
President Ferguson stated that this attempt to undermine our collective bargaining agreements was not unexpected.
“It is not the first time that carriers have attempted this tactic,” he said. “We are well prepared to respond.”

NORTH OLMSTED, Ohio (October 3, 2019) — Today, the nation’s Class I rail carriers, along with a few other railroads, filed suit in federal district court in the Northern District of Texas in an attempt to undermine our collective bargaining agreements as well as the bargaining process under the Railway Labor Act.
The suit, filed just ahead of the beginning of the next round of national handling scheduled to begin with the Section 6 notice filing November 1, asserts that the carriers’ position that “the existing moratoriums do not bar their crew-consist-related proposals” is a minor dispute subject to arbitration.
As detailed in their complaint, this is not the first time that the rail carriers have attempted an attack on crew consist. SMART Transportation Division President Jeremy Ferguson, noting the carriers’ history of unsuccessful attacks on crew consist, stated, “this latest attempt is nothing new, and it will once again be met with a vigorous defense.”
The suit, denoted as BNSF Railway et al, v, Internat’l Assn. of Sheet Metal, Air, Rail and Transportation Workers—Transportation Division, has not yet been served on the SMART Transportation Division.
This article will be updated.

Much attention concerning the Quebec rail disaster has focused on the danger of transporting oil by rail. But pipelines come with hazards, too.

For example, a natural gas pipeline exploded in southeast New Mexico in 2000, killing 12. Earlier this year, an Exxon Mobil pipeline carrying Canadian crude ruptured in Arkansas, causing major environmental damage.

Read Jon Talton’s complete blog report at The Seattle Times.