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Sheet metal and transportation workers exercised collective power to win laws and federal appointees who act in our interests

After extraordinary mobilization in recent years, union votes are translating directly to union jobs.

In 2020, SMART members voted to elect politicians to the United States House, Senate and the White House who pledged to prioritize union members and working-class families. In the years since, those politicians passed three job-creating laws — the Bipartisan Infrastructure Law, the CHIPS and Science Act and the Inflation Reduction Act — and President Joe Biden named a variety of pro-union appointees to federal positions in the Department of Labor (DOL), the Department of Transportation and beyond — making sure money from federal laws creates jobs for SMART members, both now and into the future

This is not the result of politicians rewarding SMART members for getting them elected. It is the consequence of members applying their collective power: first by voting in their interests, then by pushing legislators to make sure they kept their promises.

“It can’t be emphasized enough what a difference it makes when the people implementing funding and writing policy know that SMART workers are engaged in the political process,” said SMART General President Michael Coleman. “We have pro-union allies in federal offices that are making sure that new laws create jobs for our members.”

Funding from recently passed laws, coupled with federal appointees, leads directly to union sheet metal jobs

Some projects funded by federal legislation have already started bringing SMART members onto the jobsite. In Arizona, for example, SM Local 359 members are on the job building semiconductor manufacturing facilities for Intel — a project made possible in part by funding from the CHIPS and Science Act.

Other projects will break ground in the near future. The CHIPS Act is set to put East Coast SMART members to work for years to come: Thanks to a memorandum of understanding (MOU) between the U.S. Department of Commerce and semiconductor manufacturer GlobalFoundries that includes approximately $1.5 billion in direct funding, Local 83 sheet metal workers will soon arrive on a new, PLA-covered chip plant in Malta, New York. And in Burlington, Vermont, retrofit work on an existing GlobalFoundries chip plant is expected to exceed $35 million in federal funding, making the job a PLA-covered one and bringing Local 17 members on site.

Pro-union laws are one thing, but the people implementing those laws play a vital role after legislation is passed — and the federal appointees who make key funding and policy decisions are benefiting SMART members and their families across the country. The most high-profile figures work within the DOL. Since their appointments, Acting Labor Secretary Julie Su and DOL Wage and Hour Division Administrator Jessica Looman have successfully enacted rulemaking that expands job opportunities and puts money in SMART members’ pockets.

The primary example: Su, Looman and fellow pro-worker officials finally updated the Davis-Bacon and Related Acts, strengthening prevailing wage regulations and raising pay standards for SMART members and building trades workers across America. The updated regulations restore the DOL’s definition of prevailing wage — making it equivalent to the wage paid to at least 30% of workers in local communities (rather than the weakened 50%) — strengthen enforcement and modernize DOL’s definition of “site of the work” to account for current industry practices.

This rule update is particularly crucial at a time when publicly funded projects are breaking ground at an unprecedented rate, explained Coleman.

“By updating Davis-Bacon prevailing wage regulations for the first time in more than 40 years, the Department of Labor is working to ensure that construction workers employed on public works projects are paid what they deserve, helping lift more workers into the middle class and boosting the economies in cities, towns and neighborhoods from coast to coast,” he said. “This is especially vital as projects funded by the Bipartisan Infrastructure Law, the CHIPS and Science Act and the Inflation Reduction Act continue breaking ground — putting thousands of SMART members to work.”

Pro-union FRA notches slew of victories for SMART-TD members

The Federal Railroad Administration (FRA) of 2016–2020 made its name through anti-worker actions, most notably its attempt to pre-empt existing state laws that mandated two-person crews on freight trains. The post-2020 FRA, led by Administrator Amit Bose, has consistently prioritized the wellbeing of SMART-TD members — the workers who actually keep the trains moving, not the corporate CEOs who cast safety to the side in pursuit of shareholder profit.

In striking contrast to the previous administration, the current FRA announced a federal two-person crew rule in 2024, finally acting in the name of common sense, worker safety and SMART-TD railroad jobs. Following a public comment period that was extended multiple times, ultimately concluding in late 2022, the final ruling arrived in April 2024.

In late 2023, in the wake of high-profile rail safety incidents and two tragic trainee deaths, the FRA awarded SMART-TD more than $600,000 to develop and implement its own training program — providing union railroaders with education and programming designed with their safety in mind, not just efficiency and exorbitant profit-making.

Weeks later, the FRA again sided with railroaders over the carriers in its ruling on Union Pacific’s request for a variance to allow non-FRA-certified crews to run trains coming from Mexico to Port Laredo, Texas. FRA ruled that trains running from the border to Port Laredo must be operated by qualified and certified Union Pacific engineers and conductors, providing SMART-TD railroaders with the work they rightfully deserve.

Bose’s administration made another common-sense decision in favor of SMART-TD railroaders with the issuing of a final rule on emergency breathing apparatuses on trains carrying hazardous material. The rule requires railroads to provide emergency escape breathing apparatuses (EEBAs) for train crew members and other employees who could be exposed to an inhalation hazard in the event of a hazardous material, or hazmat, release. Railroads must also ensure that the equipment is maintained and in proper working condition and train their employees in its use.

And in a groundbreaking move that will put SMART-TD railroaders to work for years to come, the FRA awarded billions of dollars in funding — made available by the Bipartisan Infrastructure Law — to two high-speed rail projects in California and Las Vegas, finally making high-speed rail a reality in the U.S. The crucial provision: The railroad, Brightline West, committed to using an organized workforce. The railroad will be built by union members, including SMART Railroad, Mechanical and Engineering workers, and the highspeed trains will be operated by SMART-TD crews.

“The skills our conductors, engineers and yardmasters possess were not an afterthought when the plans for this rail line came together,” SMART-TD President Jeremy Ferguson said when the projects were announced. “They are invaluable to this project and woven into the fabric of what will make this high-speed rail project a success.”

Department of Energy’s clean energy industrial policy creates years of work for SMART members

The need for a clean energy transition has been made abundantly clear in recent years, as temperatures increase, seasons disappear, floods destroy city streets and wildfire smoke chokes our children when they try to play outside. Thanks to the industrial policy of the current Department of Energy (DOE), that clean energy transition is creating jobs for SMART sheet metal members — today, tomorrow and well into the future.

Examples are everywhere. SMART Local 177 members have begun working on a Microvast battery plant in Clarksville, Tennessee, while Local 36 members in St. Louis, Missouri, are on the job building an ICL-IP America, Inc., battery materials manufacturing facility. Both projects received DOE funding from $2.8 billion worth of awards from the Bipartisan Infrastructure Law.

Meanwhile, the sheet metal workers at Local 7 (Lansing, Michigan), Local 20 (New Carlisle, Indiana) and Local 177 (Spring Hill, Tennessee) are directly benefiting from the Department of Energy’s $2.5 billion loan to Ultium Cells. The loan, facilitated by the DOE’s Loan Programs Office, is helping finance the construction of new lithium-ion battery cell manufacturing plants in Michigan, Indiana and Tennessee, as well as Ohio — facilities that have Local 7, 20 and 177 members already on site.

The DOE Loan Programs Office also played a crucial role in putting SMART Local 110 and Local 4 members to work in Glendale, Kentucky, and Stanton, Tennessee, respectively. Ford received a $9.2 billion loan that helped kickstart its BlueOval battery facilities in both locations, and the funding has already paid dividends for union sheet metal workers — generating work for current members, bringing new workers into the union, helping both locals grow and keeping retirees’ pensions healthy.

And on the West Coast, the recently announced California Hydrogen Hub — one of seven hydrogen hubs funded by DOE through the Bipartisan Infrastructure Law — will leverage the state’s existing clean energy technology to produce hydrogen exclusively from renewable energy and biomass. Importantly, the hub has committed to requiring project labor agreements for all related projects, which will create an expected 220,000 jobs — including 130,000 construction jobs.

The United States Congress is not known for its ability to agree on anything. Anything, that is, except for the fact that large railroad companies are 100% incapable of self-regulation.

SMART-TD railroad union gives labor’s perspective

SMART-TD’s National Legislative Director Greg Hynes represented all rail operating crafts before the House Transportation and Infrastructure committee today. He joined NTSB Chair Jennifer Homendy, FRA Administrator Amit Bose, Deputy Administrator of PHMSA Tristan Brown, and David Arouca, national legislative director of the Transportation Communications Union (TCU) in testifying. The topic: Answer questions related to the current state of rail safety.

The second panel of the rail safety hearing before the House Railroads, Pipelines and Hazardous Materials Subcommittee is shown on July 23. SMART-TD National Legislative Director Greg Hynes is at right.

Can railroads be trusted?

Republican and Democratic congressional representatives, along with three members of the Biden/Harris administration, all put the Class I railroads on notice with a collective answer of NO!

When Brother Hynes was asked the direct question of whether big railroads can be trusted to self-regulate, he answered definitively: “Absolutely not, and I have a 150-year record to prove it!”

At one point in his line of questioning, Rep. Derrick Van Orden (R-Wisconsin) asked for everyone on the panel who works for the railroads to stand up and be recognized. He paused and followed it up with, “Let the record show reflect that no one stood up, because they didn’t bother to show up, even though they were invited to this hearing! BNSF, Union Pacific, and Canadian National were all invited to this hearing, and they are not here, and that is shameful. That is NOT OK.”

The time for union action is coming

Today’s hearing was not a close call — railroaders won big. The carriers not only lost, but they looked bad doing it! Everyone in the room knew what needed to be done: Pass the Railroad Safety Enhancement Act of 2024 and make the carriers accountable for the flatlined approach to improving rail safety that Precision Scheduled Railroading has encouraged.

We will continue to follow this story and stay alert as Congress throttles up its attention on these sister rail safety bills — the Railroad Safety Enhancement Act of 2024 and the Senate’s Railroad Safety Act of 2023.

SMART-TD President Ferguson speaks during the announcement of the two-person crew rule as FRA Administrator Bose (far left), BLET’s Vince Verna (left) and DOT Secretary Buttigieg look on.

SMART members, allies submitted 13,000 comments in favor of the regulation

On April 2, 2024, after a yearslong effort by SMART-TD members and leadership, United States Department of Transportation (DOT) Secretary Pete Buttigieg and Federal Railroad Administration (FRA) Administrator Amit Bose announced that there will be a minimum of two certified rail crew members assigned to the cab of freight trains in this country. At long last, a nation-spanning two-person crew regulation has been implemented in the U.S.

The FRA ruling on the Notice of Proposed Rulemaking (NPRM), originally released in 2022, finally puts safety first for the railroad industry. And with this action, President Joe Biden’s Department of Transportation delivered on a promise made in 2020, supporting our ongoing struggle to force railroads to responsibly operate their trains.

“Today’s ruling codifying the two-person freight crew not only demonstrates this administration’s dedication to the safety of this country and our workforce, but it also shows their respect and acknowledgment of our men and women and the work they do,” SMART-TD President Jeremy Ferguson said the day the rule was published. “They see our value to this nation’s economy and security. Every railroad professional should take pride in this accomplishment and recognition.”

The finalization of a federal two-person crew regulation comes after a long fight between SMART-TD and the Association of American Railroads (AAR), the companies it represents and the hedge fund operators who own many U.S. railroads. (A little more than a week after the FRA’s announcement, railroads challenged the action in appeals court.)

The decision also represents a sea change in federal railroad policy.

SMART-TD members rally for a two-person crew rule in Duluth, Minn.

From 2017 to 2020, SMART-TD leaders and members battled against an anti-worker FRA that withdrew a proposed two-person crew regulation and attempted to pre-empt individual state two-person crew laws. In contrast, the current FRA re-proposed federal two-person crew policy, asked for stakeholder input and received it. Secretary Buttigieg and Administrator Bose have both met repeatedly with railroaders and union leadership throughout their respective terms, and they actively encouraged those who are most impacted by railroad policy — the workers who keep the trains moving — to let decision makers know what conditions are like on America’s rail system.

From International leadership to rank-and-file railroaders, our union has done just that, pursuing decisive action in the name of union jobs and rail safety.

“When this rule came open for public comments, SMART members and allies stood up and spoke with over 13,000 responses to the FRA. Today, we all celebrate the result and the essential proof of the value of the labor of the people aboard the nation’s freight trains,” Ferguson continued. “This effort defines what it is to be a union and the power of workers to stand as one. We did it together as a SMART-TD family, and I am unbelievably proud to be the president of this union in what is a defining moment for our industry — a moment when safety finally and deservedly came first.”

SMART-TD leaders testified during an FRA hearing on two-person crews.

After the rule was put forward by the FRA in 2022, a lengthy public commenting period was initiated — and then extended. Members took advantage with their tens of thousands of comments. And while railroaders were making their voices heard, TD President Ferguson and our union’s national and state legislative officers relentlessly pushed lawmakers and government officials to understand the safety ramifications of a nation with single-person freight train crews. Ferguson attended and testified at the FRA’s public hearing on the regulation in December 2022 and delivered 20 minutes of firsthand accounts to FRA officials, demanding they take this step to protect the country from the railroad companies’ greed.

Meanwhile, SMART-TD National Legislative Director Gregory Hynes and Alternate National Legislative Director Jared Cassity orchestrated outreach to every state in the U.S., mobilizing our members to stand up and take part in the public comment period — resulting in our record-setting number of submissions.

And during nationwide rail labor rallies in winter 2022, SMART-TD members and fellow rail workers sounded the alarm on precision Scheduled railroading, blocked crossings, the need for two-person crews and more, with a Washington, DC, rally drawing dozens of congressional allies.

“It is no secret that the railroads in this country have been relentlessly pursuing a way to cut our rail crews down to one person. They have poured millions of dollars into pursuing technology that allows them to do this,” Cassity said. “These corporations are open with the fact that they see more value in the trajectory of their stock prices than in the safety of this country or the well-being of the conductors and engineers who are the bedrock of our economy. This fight raged for years, and as a union family, we stood toe to toe with the railroads. I want to thank our members for staying engaged in this fight.”

Hynes gave credit for this win to the collective effort of railroad workers and state legislative committees throughout SMART.

“This announcement didn’t come out of thin air. It came from the hard work and dedication of SMART-TD’s men and women!” Hynes said. “Two-person crew regulations have been discussed for years, through multiple presidencies and even more sessions of Congress. The men and women of this union have never relented or allowed this issue to get pushed to the side. Our state legislative directors have taken up this fight state after state. Our members have made their voices heard from coast to coast on this issue. Today, we reach a place where our vigilance and persistence have paid off. This administration got it done.”

The regulation, mired in partisan back-and-forth throughout the rulemaking process, was not a certainty — as demonstrated by the fact that it was announced nearly two years after proposal. During the long wait for federal action, SMART-TD state legislative boards worked unceasingly to get a dozen states to set a minimum crew size, and our work will continue should the regulation change under a future presidential administration.

“We have every right to celebrate this ruling from the Biden administration, but we cannot for one second think this fight is over,” Cassity added. “We must stay informed, involved and on offense. These railroads aren’t used to losing. They will come out swinging to argue against the reality that our people matter, and we have got to be ready for it. SMART-TD remains vigilant, and we ask you to continue to stand with us.”

A brief history of the fight for two-person crews

May 28, 1992: A regulation in Arizona is adopted stating railroads in the state “shall maintain a minimum of two operating employees in the control compartment of the lead locomotive unit of a train.” 

May 12, 1993: West Virginia Gov. Gaston Caperton signs a bill amending a 1931 state law. The new law states “no railroad may permit or require any crew controlled locomotive power unit, including helper units, that is not attached to a train to be operated by a crew of fewer than two persons.” 

Dec. 15, 1997: A two-person crew state law, the first in the nation, is backed by the United Transportation Union and referred to by Gov. Tommy Thompson as “the UTU bill.” The legislation is signed and implemented in Wisconsin, making it the first to legislate crew size. 

March 2000: Wyoming’s Legislature passes a two-person crew bill in the state. It is vetoed by Gov. Jim Geringer. 

July 6, 2013: The brakes are disengaged on a train with a single-person crew in Lac-Megantic, Quebec, Canada. The train, carrying crude oil, derails and explodes in the middle of the town, with 47 people losing their lives. 

July 23, 2013: Transport Canada bans all single-person crews from trains carrying any amount of hazardous materials in the country. 

Aug. 2, 2013: A federal two-person crew size bill, H.R. 3040, which would establish a minimum freight crew size in the U.S., is introduced by initial sponsors Reps. Michael Michaud and Chellie Pingree in the U.S. House. It gains 82 cosponsors before the congressional session’s conclusion. 

Aug. 29, 2013: FRA’s Railroad Safety Advisory Committee (RSAC) convenes an emergency working group to examine appropriate freight rail crew sizes. 

Spring 2014: SMART Transportation Division and the BLET announce a joint effort, including model bill language, to get legislation passed to maintain two-person crews on the state level. 

April 9, 2014: FRA announces its intent to create a rulemaking on train crew staffing in the future. 

Sept. 10, 2014: Sens. Richard Blumenthal and Charles Schumer introduce S. 2784, the Rail Safety Improvement Act of 2014 (including a two-person crew provision) in the Senate. 

April 13, 2015: U.S. Rep. Don Young introduces the Safe Freight Act (H.R. 1763), which would establish a minimum crew size. It gains 69 cosponsors prior to the session’s conclusion. 

Sept. 8, 2015: California Gov. Jerry Brown signs two-person crew legislation. 

March 15, 2016: The FRA, under President Obama-appointed Administrator Sarah Feinberg, issues a Notice of Proposed Rulemaking (NPRM) to set a minimum freight crew size and opens comments. 

Aug. 15, 2016: Comment period closes on the NPRM. More than 1,500 comments were received in favor of the rule, while 36 were received against. 

Jan. 3, 2017: Rep. Young reintroduces the Safe Freight Act (H.R. 233) to establish a minimum crew size. It gains 120 cosponsors. A companion bill is introduced in the Senate by Sen. Heidi Heitkamp of North Dakota and gains 13 cosponsors. 

June 8, 2017: Gov. Brian Sandoval of Nevada vetoes a two-person freight crew bill after its passage. 

May 25, 2018: Gov. Larry Hogan of Maryland vetoes a two-person freight crew bill after its passage in the state General Assembly. 

March 2019: Rep. Young again introduces a version of the Safe Freight Act (H.R. 1748). It gains 141 cosponsors in its lifetime. A companion bill (S. 1979) is introduced in the U.S. Senate by Sen. Edward Markey and gains 15 cosponsors. 

March 21, 2019: Colorado Gov. Jared Polis signs two-person crew legislation into law for his state. 

May 14, 2019: Nevada Gov. Steve Sisolak signs a two-person crew bill into law. 

May 23, 2019: FRA and its Trump-appointed administrator, ex-Conrail CEO Ron Batory, announce the withdrawal of the NPRM from 2016 that sought to set a minimum freight crew size. FRA also declares state two-person crew legislation pre-empted.  

July 16, 2019: FRA’s decision to withdraw the crew size NPRM is challenged in court by SMART-TD and multiple states. 

Aug. 9, 2019: Defying Batory’s order of pre-emption, Illinois Gov. J.B. Pritzker signs into law a bill requiring two-person crews in his state. 

Oct. 30, 2019: Indiana Railroad, a shortline that uses single-person crew operations, sues the state of Illinois over its two-person crew law with the backing of the Association of American Railroads and the American Short Line and Regional Railroad Association, nullifying the law. 

June 11, 2020: Washington state’s two-person crew law takes effect. It was signed by Gov. Jay Inslee earlier in the year after nearly seven years in limbo. 

July 27, 2020: Gov. Laura Kelly and the Department of Transportation in Kansas announce the state’s intent to establish a minimum crew size. Implementation of this regulation is blocked by the state’s attorney general. 

Feb. 23, 2021: After a legal battle, a Ninth Circuit Court of Appeals victory for the union is achieved. The Trump-era FRA’s decision to throw out the crew-size NPRM and the declaration of pre-emption are reversed. The Rule of Two is sent back to the U.S. DOT/FRA for re-evaluation. 

June 4, 2021: U.S. Rep. Peter DeFazio introduces the INVEST in America act, which contains a two-person minimum crew size provision that passes the U.S. House. During the reconciliation process with the Senate, the two-person crew element is removed from the bill. 

May 31, 2022: A two-person crew bill passes both houses of the New York Legislature, but Gov. Kathy Hochul fails to act on the bill. 

July 28, 2022: In response to the court order that remanded the NPRM back to FRA, President Biden’s FRA Administrator Amit Bose reopens the docket and solicitation for public comments on the NPRM. 

Dec. 12, 2022: FRA hosts a public hearing regarding the crew size NPRM. TD President Jeremy Ferguson and SMART members provide in-person testimony in support of the Rule of Two. 

Dec. 21, 2022: Comment period closes for the crew size NPRM. More than 13,000 comments are received in favor of the rule, with only 64 against. 

Feb. 2, 2023: A Norfolk Southern derailment in East Palestine, Ohio, draws attention to matters of railroad safety. 

March 1, 2023: The 2023 Railway Safety Act is introduced by U.S. Sens. Sherrod Brown and J.D. Vance of Ohio, which would establish a two-person crew throughout the country, among other safety measures. 

March 31, 2023: Ohio Gov. Mike DeWine signs a rail safety bill requiring two-person crews aboard freight trains. 

May 2023: Kansas Gov. Laura Kelly and the state Department of Transportation again announce the state’s intent to regulate a minimum crew size. 

May 24, 2023: Minnesota Gov. Tim Walz signs a rail safety bill requiring two-person crews aboard freight trains in the state. 

June 29, 2023: The Association of American Railroads sues on behalf of the carriers to challenge Ohio’s law. 

Oct. 11, 2023: Kansas implements its regulation requiring a minimum train crew size. 

Dec. 8, 2023: The New York Legislature passes two-person crew legislation for the second straight year. Given a second opportunity, Gov. Kathy Hochul signs the bill. 

March 8, 2024: Virginia Gov. Glenn Youngkin vetoes a two-person crew bill after it was passed by the Legislature. 

WASHINGTON, DC – The shop craft unions at Burlington Northern Santa Fe (BNSF) Railway are urgently calling upon the Federal Railroad Administration (FRA) to initiate unannounced focus inspections on all locomotives and rail cars owned and leased by BNSF Railway, and immediately issue non-compliance orders requiring BNSF to fix all found defects before being permitted to use such equipment, citing concerns over numerous defects that are allegedly being ignored and neglected by BNSF management.

The letter comes on the heels of BNSF’s recent announcement of over 362 furloughs in the shop craft unions, further exacerbating concerns over safety and maintenance practices. The defects and recent extreme cuts to the workforce pose serious safety risks to railroad operations and personnel.

Many furloughed employees may be forced to accept positions with lower pay and fewer benefits, potentially disrupting their lives and livelihoods.

In a letter addressed to FRA Administrator Amit Bose, the shop craft unions at BNSF highlighted their ongoing efforts to address safety and maintenance issues within the railroad industry. The letter referenced a meeting held on December 19, 2023, during which the shop craft unions presented evidence of significant workforce reductions within the mechanical departments of Class I freight railroads, including a staggering 41% decrease in employees since 2015.

Reports received by the shop craft unions indicate that BNSF managers that have been under pressure to perform work without an adequate number of workers, may have instructed workers to release locomotives and rail cars for service that have not been adequately inspected or repaired, effectively disregarding federally mandated safety inspections and fabricate of inspection reports, purportedly as part of cost-cutting measures aimed at maximizing shareholder profits.

“BNSF’s actions represent a reckless disregard for the safety and integrity of our nation’s railways,” said the shop craft unions. “BNSF has recently admitted in public filings that they would not be in compliance with federally mandated safety inspections, and we continue to be informed that BNSF has numerous FRA defects on their locomotives and rail cars. There is no shortage of profits for BNSF, and there is no shortage of work to be performed on BNSF equipment. There is simply an obscene shortage of workers and disregard for people at BNSF. By prioritizing cost-cutting over safety, BNSF is placing its employees and the public at risk. In light of these developments, we have urged the FRA to take immediate action to ensure the safety of BNSF operations. Random audits and focus inspections are essential to holding BNSF accountable and preventing further compromises to safety.”

The shop craft unions at BNSF are calling upon the FRA to prioritize the safety of railroad workers and the integrity of railroad operations by promptly conducting inspections of BNSF locomotives and rail cars located at or in transit to all BNSF Locomotive Maintenance Inspection Terminals (LMITs).

###

The Shop Craft Unions are, in alphabetical order: The Brotherhood of Railroad Carmen Division, TCU/IAM (BRC), the International Association of Machinists and Aerospace Workers (IAM) , the International Brotherhood of Boilermakers (IBB), the International Brotherhood of Electrical Workers (IBEW), the National Conference of Fireman and Oilers, Local 32BJ/SEIU (NCFO), the International Association of Sheet Metal, Air, Rail and Transportation Workers Mechanical Department (SMART MD), the Transportation Communications Union (TCU) and the Transport Workers Union of America (TWU).

Since 1998, trains coming across the Mexican border to the United States in Laredo, Texas, have been run by crews from Mexico that are not certified by the Federal Railroad Administration (FRA). These crews have been taking trains into Port Laredo, where they receive an initial Class I inspection and brake test on U.S. soil.

This practice was established back in 1998, when Union Pacific requested a variance from FRA. The variance was reconfirmed in 2003, 2008, 2013, 2018 and was reapplied for in 2022. For years, the agency’s leaders responded to any request for renewal by saying, “Yes — if the railroad asked for it, it must be OK.”

But in 2023 — unlike the four prior requests — SMART-TD President Jeremy Ferguson, National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Kamron Saunders, Texas’s state legislative director, officially requested FRA put an end to this practice. Along with our allies in the AFL-CIO’s Transportation Trades Department and other rail labor organizations, SMART-TD submitted strong public comments that pointed out many holes in the logic.

In October, FRA released its ruling on UP’s variance request. The carrier will continue to be allowed to perform Class I brake tests 10 miles into the U.S. in its yard in Port Laredo, Texas. However, in a clear victory for labor, a new rule was added:

“13. All trains crossing the international bridge at Laredo and destined for UP’s Port Laredo Yard must be operated from the bridge to that Yard by a properly qualified and certified UP locomotive engineer and conductor.”

Local Chairperson Eddy Castaneda of Local 1670 (Laredo, Texas) is also vice general chairperson of the San Antonio Hub, and explained that he is highly excited about the news out of the FRA.

“It has been a long fight to get this work back, and this is a big win for us. It wouldn’t have been possible without everyone working together,” he said. “All the local chairs in the Laredo Hub — Scott Chelette, our general committee chair, and Kamron Saunders, our Texas state legislative director — as well as the International, have been relentless: working on Congress and the FRA to get these jobs back in the hands of FRA-certified crews.

“We are grateful for those of us here in Laredo, but we have a long fight still to go. There are many other border crossings and a lot more crew bases we need to fight for.”

President Ferguson was in Texas at a Houston rail labor rally shortly after the FRA released its ruling.

“The carriers involved gave our work to non-FRA-certified foreign national crews a long time ago to save a buck for their shareholders,” he said at the time. “Today, our members got back some work that is rightfully ours, and this country is safer and better off for it. I’m proud of the work SMART-TD has done to make this happen.”

Cassity said FRA’s action is a step towards normalizing cross-border regulation.

“It is great that we got this work back for our crews, but the big-picture win is that FRA listened to SMART-TD,” he explained. “They listened to the views of Kamron Saunders and didn’t blindly swallow whatever the railroads tried to sell them. This FRA isn’t afraid to deny the railroad what they want if it isn’t the safest policy for our workers and the country itself.”

For more information, read FRA’s ruling embedded below. 

2023.05.12-FRA-UP-Laredo-requestDownload
Greg Hynes, SMART-TD national legislative director

It’s difficult to imagine trying to pass off reducing the braking power of a freight train as a safety precaution, but that is exactly what BNSF attempted to do recently in a request to the FRA for a variance to increase the allowable amount of flow from 90 CFM to 120 CFM.

In their request, BNSF states that in order to reduce the slip/trip/fall risk that goes along with conductors and carmen walking a consist looking for leaks in a brake line, that they think it’s safer to depart the train with up to 120 CFM of flow and assume it will be able to stop when it has to.

FRA put out a Notice of Proposed Rule Making (NPRM) requesting public comments on BNSF’s request, and SMART-TD’s National Legislative Department was happy to oblige them. Below you can read SMART-TD’s response to FRA from Brother Greg Hynes, SMART-TD’s national legislative director.

BNSF-NPRM-Air-Flow-increase-Comments-FINALDownload

The SMART Transportation Division would like to thank all of you for your historic response to the FRA’s Notice of Public Rulemaking (NPRM) on Freight Train Crew Size. In the moment when our livelihood and the safety of all involved was on the line, SMART members, along with their friends and families, answered the bell in a profound way.

For months, we have been requesting your help in submitting comments to the FRA and in a record-setting demonstration of concern and support, you came through with flying colors. The FRA reports Dec. 22 that 13,090 submissions were received in their request for public comments that closed on December 21st. This outpouring of your information and personal reasons for wanting a minimum crew size of two will play a large role in the FRA’s process of determining their final ruling.

The next step in this process is for the FRA to announce its determinations. We at SMART-TD will be sure to keep you all informed as to how that process plays out. We appreciate your partnership with us in this project, and we look forward to continuing the fight as long as needed to keep our members safe and employed.

The Transportation Trades Department (TTD) of the AFL-CIO, as the umbrella organization representing all factions of rail labor, wrote the definitive submission stating our case.

The two unions representing in-cab freight personnel — SMART-TD and the Brotherhood of Locomotive Engineers and Trainmen (BLET) — submitted a joint statement accentuating the positions of the T&E employees in support of the NPRM. These submissions are linked below.

Once again, your activism and support are vastly appreciated. We thank you profoundly.

AFL-CIO TTD statement

SMART-TD/BLET statement

SMART-TD’s testimony begins at 2:17:56

The Federal Railroad Administration (FRA) held its much-anticipated hearing Dec. 14 to receive public testimony on its Notice of Proposed Rule Making (NPRM) regarding a minimum train crew size.

As it was set up, representatives from just two Class I carriers — Union Pacific and Norfolk Southern — the Association of American Railroads (AAR) and representatives of the American Short Line and Regional Railroad Association (ASLRRA) spoke first, followed by labor representatives.

On its face, this setup seemed to work to the benefit of the testimony of labor — the SMART Transportation Division (SMART-TD), Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Trades Department of the AFL-CIO (TTD).

With the viability of the conductor profession on the line before regulators — a position that the carriers continually attempted to stress in testimony that from their perspective was “outmoded” or “obsolete,” carriers put forth their argument that single-person crews and nomadic conductors would in no way worsen the already frail condition of the freight rail industry.

The Precision Scheduled Railroading playbook would call the conductor position “the largest impediment to reduced Operating Ratios on the line” that the stakes were too high not to anticipate political theater.

To that end, economists and second-tier carrier executives alike offered flimsy, speculative and hard-to-follow arguments that were highlighted by the premise that UP and NS want to take conductors off of trains in order to improve the quality of life for their conductors. They peppered in the fact that short line operators are going to have difficulty petitioning FRA for variance on these rules based on “nominal” details such as the percentage of their trackage that is on grades, the tonnage of hazardous materials they haul, and the fact that their engines aren’t equipped with alerters.

Among other arguments made by carriers were that:

  • A roving conductor dispatched in a truck from the crew room can get to and change a knuckle in two-thirds the time a conductor on the train could.
  • Company-provided cell phones would be used to fill the safety gap created by removing the conductor. (A major shift from them being biggest safety concern for operating crew distraction for the last decade and ignoring the fact that FRA law states cell phones are to be off and store out of reach.)
  • Having a single employee is simpler, and simpler is safer.
  • A second employee creates a distraction for the engineer.
  • The negative effects of cognitive demand placed on engineers by rail technology is speculative in nature.
  • And of course, Positive Train Control is the answer to all things conducting.

All of the carrier presentations neglected that FRA’s chief duty is to apply regulations when necessary in matters of safe and efficient transport of goods and passengers across the United States. Nowhere does it say that the FRA’s job is to align itself so that carriers have the easiest course to make money.

Following lunch, FRA’s board received a steady diet of facts upon hearing labor’s side of the argument. Simple to follow, devoid of the pretzel logic used by the carriers and buoyed by the reality of working on the railroad in the 21st century was given by BLET Vice President Vincent Verna, AFL-CIO Transportation Trades Department President Greg Regan and SMART TD’s own President Jeremy Ferguson.

“There is no greater risk to the safety of railroad workers and the communities they serve than the consideration of a reduction in crew size in the cab of a locomotive,” Ferguson testified. “Having conductors on trains saves lives and prevents disasters in ways technology cannot. Artificial intelligence absolutely has a role to play, but it cannot replace authentic human intelligence in railroading.”

Everyone who has worked on a railroad has had a close call, one of the reasons why the bigger carriers don’t want to participate in the voluntary C3RS system. The likely outcome being that a huge flood of data would come in showing just how important the conductor is to avoiding accidents, like an engineer’s experience President Ferguson mentioned in which a conductor got a three-year-old boy off the tracks before he was struck by the locomotive.

Labor also discussed:

  • How “Menu Diving” in display screens keeps an engineer’s eyes off the rails.
  • How PTC is a safety overlay not intended to be a replacement of manpower and is inoperable at yard speeds.
  • How artificial Intelligence is not a substitute for authentic human intelligence when something goes wrong.
  • How the Railroad Technology graveyard is full of gizmos that were supposed to be “the answer”
  • How removing the conductor from the cab will increase blocked crossings — “the public’s No. 1 complaint”
  • How removing the conductor from the cab eliminates all ability of a train crew to fulfill its role as first responders in emergencies.
  • How advocating for conductors to remain on locomotives is advocating for avoiding unnecessary safety risks.

Single-person operations and the nomadic “expediter” model carriers are looking to pilot already have flaws that make the concept impractical on its face, Ferguson also said.

“God forbid an equipment failure occurs on the line of road without a conductor readily available to act in a moment’s notice, but especially if the train has an entire community blocked off. There is little a lone engineer can do in that situation,” Ferguson said. “I want to be realistic here. The only way that we can assure the safest course is protected during train operations is by maintaining two crewmembers in the cab of the locomotive.”

Counter to the double-talk carriers make about safety being their top priority, their business practices, ruthless cuts and a continued deterioration of service, as well as an express desire of wanting to cut even more employees, shows that the fight over crew size isn’t about better service or running a safer, more efficient railroad — it’s about the bottom line.

“The railroads have proven their willingness to make decisions that are not in the interests of safety, but rather are in the interests of profit and shareholder wealth,” Ferguson said. “Railroad safety isn’t just for the men and women working on the rails. It’s for everyday citizens that take for granted that the railroad is safe. Without a doubt, I can attest that the removal of the conductor, should it be permitted, from the cab of the locomotive will not just be catastrophic to all rail workers, it will be inimical to the American public.”

Following the testimony of Verna, Ferguson and Regan, three conductors and one BLET Auxiliary member, the spouse of an engineer, did an excellent job reinforcing the vital role conductors play in our nation’s safety and commercial viability. 

The battle for two-person crews capped an important week for rail labor. Labor rallies occurred Dec. 13 in nine locations around the country, including at Capitol Hill, in conjunction with the STB hearing regarding UP embargoes and the FRA hearing to bring attention to the negative effects PSR has had on the rail labor workforce and the dangerous territory carriers have pushed the industry into.

National outlets, including CNN, have covered the fight to keep two on a crew, as part of our efforts.

There should be a word of caution attached to this positive attention. First, we are dealing with the federal government and Railroad Corporations, so we should absolutely be aware that just because logic is on our side, that absolutely does not ensure that we will win the day. On Dec. 14, your union leadership took the fight to the carriers and outclassed them. Now it is your turn to do the same. 

With just one day left in the submission period, SMART-TD asks all of you to submit comments to the FRA for this NPRM on two-person crews. We have almost 13,000 comments as of now and, this is not the time to let off the gas pedal, even though labor outshined the carriers’ efforts.

If you haven’t submitted a comment, please do. If you have submitted a comment, please have your spouse, children, parents and friends submit comments.

The SMART Transportation Division would like to thank Johnny Walker, (Local 610, Baltimore, Md.) , Nick Jochim, (Local 904, Evansville, Ind.), Jessica Martin (Local 594, Mineola, Texas), Natalie Miller of BLET Auxiliary’s Nebraska chapter, and SMART-TD Utah State Legislative Director Dan Brewer (Local 1554, Ogden, Utah) for providing additional testimony reinforcing why two should stay on the crew.

Follow this link to submit your comments in support of keeping two on a crew.

The governor of Kansas Laura Kelly (D) recently demonstrated her support for SMART-TD members and their safety by submitting comments to the Federal Railroad Administration (FRA) in support of a national two-person crew regulation.

Pictured in the governor’s office in April, left to right: Senator Carolyn McGinn (R); Mike Scheerer, LR Local 94; Troy Fansher, Local 1503; Governor Laura Kelly (seated); Nick Davis, Local 527; Ty Dragoo, SLD Kansas; Chad Henton, ASLD Kansas; Kyle Brooks, Local 1503.

“I am pleased to announce that Governor Kelly has joined our fight at the federal level,” Kansas State Legislative Director Ty Dragoo said. “We asked her to support our efforts with the proposed rulemaking by issuing comments from the state of Kansas, and she has shown once again that she is with rail labor.”

“As Governor of the state of Kansas, I directed my Department of Transportation to submit a proposed regulation requiring railroads that operate in the state to maintain a two-person crew in the controlling cab of the lead locomotive unit of each train. I believed that this was a needed step to preserve safe operation of the rail industry in Kansas. Having one person responsible for an 18,000+ ton train hauling hazardous materials jeopardizes the safety of our crews and the public at large,” Governor Kelly wrote in her comments.

Not only did Gov. Kelly write in support of two-person crews, she also cited instances of when two-person crews were necessary to protect her state during derailments and pointed out that as two persons currently operate trains on nearly all railroads in the state, no additional costs would be incurred by the regulation.

Follow this link to read Gov. Kelly’s full comments.

If you have not yet submitted your comments in support of a two-person crew regulation to the FRA, follow this link to do so now.

Follow this link to read the proposed rule.

SAN FRANCISCO — Federal Railroad Administrator Amit Bose didn’t elaborate on the Rule of 2 that his agency recently put forth for the public to weigh in on, but he made it clear as he spoke on the second day of the SMART Leadership Conference that the lines of communication at his agency are open.

And comments are encouraged, he said.

“We truly appreciate your insights in keeping us informed on a daily basis of the things you see and hear, especially when reporting potentially unsafe conditions,” Bose said.

Safety inspections and audits are up at the agency, and the Notice of Proposed Rulemaking (NPRM) on the Rule of Two, which requires a minimum of two crew members on trains, is open for public comment.

The past year and a half of work at the agency has been focused on undoing a questionable course taken under the prior administration in regard to safe rail operations, Bose said, so much of his time has been spent reorienting FRA so that safety is the end goal.

“I want you all to know that my North Star is and always will be safety. It’s about safety. The word ‘politics’ doesn’t enter into my thinking in any way in any part of my day,” Bose said. “I don’t know where politics was from January 2017 to January 2021, I can tell you that some of the decisions that the previous administration made, that word was definitely in there.”

Among the changes by Bose — a reactivation of the Rail Safety Advisory Committee (RSAC) and the resumption of safety audits of Class I carriers.

“FRA shares SMART’s commitment to make sure rail operations are safe for workers, rail passengers and the public,” he said.

Bose said that his agency has been and will remain available to hear worker concerns.

“We’ll act promptly to correct problems within FRA’s purview and, for matters that don’t, lend FRA’s voice to bring about workable solutions,” Bose said.

Transportation Division President Jeremy Ferguson thanked Administrator Bose for taking the time to appear before the union.

“He truly is pointing FRA in a good direction for our members’ safety and for a better rail system in the United States,” President Ferguson said.