CLEVELAND — Greg Regan, president of the 37-union coalition Transportation Trades Department of the AFL-CIO (AFL-CIO TTD) of which SMART-TD is a member, reminded attendees Tuesday, July 9, that labor’s collective efforts brought the needs of bus, transit, passenger and freight rail to the public eye.
But a change in the country’s leadership could reverse our progress. Labor needs to stick together.
“If you go back three and a half years ago or so, rail labor issues, transit labor issues were kind of hidden. Not a lot of people had a lot of awareness of the issues working people in those industries were facing,” Regan said. “We had rampant problems in the freight rail industry. We had a growing Amtrak service, but people were looking to cut them. Same with commuter rail. In transit we had people being beat up constantly.”
Railroad and transit union campaigns woke people up
Federal lawmakers didn’t begin to take notice until the 2022 national rail labor dispute that brought attention to draconian attendance policies, the lack of paid sick days and the strategies rail carriers were using to ensure record profits for companies.
“People were waking up,” Regan said. “That got an amount of attention that I’ve never seen in a contract dispute where people were on the side of the workers.”
The East Palestine disaster in February 2023 also highlighted the risks to people who live in communities that tracks run through.
“If things go wrong, the consequences can be very severe,” Regan said. “We cannot let federal lawmakers and the administration forget what happens when things go poorly, and we’re pushing.”
Labor’s persistence will be important in getting the Railway Safety Act and other measures passed that protect bus and transit.
“This does not happen without the advocacy of rail labor and the labor movement more broadly,” Regan said. “We are the ones on the ground. We see the problems and we see the opportunities.”
Unions pry the door open for important advances
Labor’s voice has helped to move infrastructure legislation forward that will result in more jobs for unionized labor. Keep the momentum going, press for more service where it is needed. This will eventually create more jobs as well, Regan said.
“When we look at where we can go from here, there’s a lot of opportunity and a lot of risk,” Regan said.
Receptive leadership of the federal agencies overseeing the rail and transit industries is in place, Regan said. The current administration listened, and the Federal Railroad Administration and Federal Transit Administration acted to protect union members and improve safety conditions.
“We did that together and we look forward to that, but we can’t do it without the right people in charge,” he said.
On June 13, Greg Regan, president of the AFL-CIO Transportation Trades Department (TTD), of which the SMART Transportation Division is a member, sent a letter to President Joe Biden regarding recent attacks on Surface Transportation Board Chairman Martin Oberman. The text of the letter is reproduced below.
The Honorable Joseph R. Biden President of the United States The White House 1600 Pennsylvania Avenue NW Washington, DC 20500
Dear President Biden:
On behalf of the Transportation Trades Department, AFL-CIO (TTD) and the totality of rail labor as represented by our affiliated unions, I write to reaffirm our strong support for Surface Transportation Board (STB or Board) Chair Marty Oberman and Board Member Robert Primus. We vehemently object to the sentiments expressed by Freedom Bloc, Revolving Door Project, and RootsAction (the coalition) in a May 17th letter urging you to relieve Chair Oberman and replace him with Member Primus. We firmly believe that removing Chair Oberman or failing to reappoint him would undermine the significant progress the Board has made during his tenure.
Surface Transportation Board Chairman Martin Oberman
The coalition’s request for Chair Oberman’s removal is in direct response to the Chair’s authorization of a merger between Canadian Pacific Railway (CP) and Kansas City Southern Railroad (KCS). The Chair’s vote in favor of the transaction is no reason to remove him from his position or to not re-nominate him. Compared to the four railroads that dominate the U.S. freight rail network, CP and KCS are comparatively minor players. It must be recognized that the merger was literally “end-to-end”; CP and KCS had one point of connection and they did not compete head-to-head for business. There was no compelling evidence of a real decrease in competition. Further, rejection of the transaction would not have enhanced competition or decreased concentration in the industry in any significant way.
The primary issue plaguing the freight rail industry is not corporate concentration, but rather the implementation of an operating business model known as Precision Scheduled Railroading (PSR). PSR prioritizes profits above all other goals, including rail safety, reliable freight rail service, and workplace dignity. Recent high-profile derailments like the one in East Palestine, Ohio are a direct consequence of rail operations under the PSR model. Simply put, PSR is well on its way to destroying the freight rail industry and poses a direct threat to the safety of our communities and economic well-being of our country.
Chair Oberman recognizes the scope of these problems and champions real solutions to them. The call for his removal over the CP and KCS merger is not only unjustified but would be counterproductive to creating a safer, more effective freight rail system. To be clear, our objection to replacing Chair Oberman in no way diminishes our support for Board Member Primus. Mr. Primus has been an aggressive critic of the industry’s practices and we fully support his continued service on the Board as well.
The actions and approach of the current Board are a refreshing change from its predecessors, and Chair Oberman is due much credit for that change. We look forward to the Board’s continued attention to freight rail service issues exacerbated by the scourge of PSR.
By Andy Hauck, Wisconsin SMART Transportation Division State Legislative Director
On February 1 in Washington, DC, the U.S. House Transportation and Infrastructure (T&I) Committee held its first meeting of the 118th congressional session, and one member in particular wasted no time in informing rail labor that our truths and issues make him uncomfortable and that we essentially need to sit down and shut up.
Wisconsin SLD Hauck
The meeting was called to address delays and obstacles in the nation’s supply chain and how the money allocated by President Biden and the outgoing Congress in the Infrastructure Investment and Jobs Act (IIJA) should be used to address these problems. President Greg Regan of the AFL-CIO’s Transportation Trades Department (TTD) was the only voice of labor in this important conversation. The nation’s hugely profitable rail carriers were represented by Ian Jefferies of the Association of American Railroads (AAR). Representatives from the trucking industry, the port of Houston and a representative for corporate building contractors also took part.
Late in the hearing, Wisconsin Rep. Derrick Van Orden (a Jan. 6th-attendee-turned-U.S.-congressman) used his five minutes to ask softball questions to the industry reps before attempting to intimidate Regan, the sole labor representative.
AFL-CIO TTD President Regan
After being asked if he had any relation to former President Ronald Reagan (note the different spelling), TTD’s Regan chuckled and said, “No. He fired the air traffic controllers, and I have the privilege of representing them.” This light-hearted one-liner was quickly met with a response from Van Orden meant to put all of labor on notice. Van Orden said that he had read the written testimony offered by the AFL-CIO TTD — an umbrella organization representing hundreds of thousands of workers from nearly three dozen unions — and that he had some advice to offer: “Change your tone!”
Van Orden then went on to declare that while he is willing to work with anyone to solve problems, he didn’t appreciate the manner in which Regan stood up for all of us in the rail labor community. He was indicating to Regan and rail labor that he would not be moved by the ugly truths we have to share with him about the realities we face each day as workers in the industry. He was clearly offended by Regan’s audacity to point out in his written statement that rail carriers have been investing less into their own infrastructure since the onset of the job-cutting, profit-at-any-cost Precision Scheduled Railroading (PSR) operating model – despite their record profits, which could have been used to enhance safety in the railroad industry.
Two days following this committee hearing, on Feb. 3, the world found out that the “tone” of Regan’s written comments was all too warranted. Roughly 52 hours after Rep. Van Orden’s blanket dismissal of Regan and rail labor’s concerns, Norfolk Southern train 32N left the rails in East Palestine, Ohio. Then, on April 27, the reality of Regan’s concerns hit a little closer to home for the first-term congressman.
Rep. Van Orden
In Ferryville, Wisconsin – in Van Orden’s home district – a BNSF train not only derailed, but two intermodal cars fell into the Mississippi River. Thankfully for all involved, this derailment did not result in a fiery hazmat spill like the horrific scene in February on the Ohio/Pennsylvania border. Yet the visual of the twisted cars in the water might be enough to give Rep. Van Orden a new perspective. If the cars that cascaded into the river had been among the many on that train that contain dangerous chemicals, it could have contaminated the water supply of communities from southwestern Wisconsin all the way to New Orleans, the Gulf of Mexico and beyond.
No one wants to see anything even close to that scale happen, but the drone footage of the derailment in Ferryville demonstrates the validity and well-warranted urgency Regan and all of rail labor possess when it comes to matters of public and worker safety.
When faced with the reality of the rail carriers’ disregard for rail safety, rail labor does not have the luxury of being diplomatic. If our urgency and sense of impending catastrophe is unsettling to those who read it, it is based on reality, not hyperbole, as evidenced by the ongoing concern for the long-term impacts of the East Palestine derailment in Ohio and the surrounding areas. There is no way that President Regan could have given the concerns of his rail members the credence they deserved politely or in a comforting tone. The reality is that such concerns need to be shouted, rather than whispered. If the members of Congress who received Regan’s written statement were startled by what they read, they absolutely should have been. It’s what the situation warrants.
But, with the large number of headline-grabbing rail accidents that have occurred since the committee hearing, including a major derailment in Rep. Van Orden’s backyard, the question becomes: Has the freshman congressman witnessed enough that he can see past the perceived tone of labor’s warnings regarding railroad safety to where he can recognize their merit? Can the freshman congressman appreciate the teamwork and structure (historically similar to the United States Military) that is required to move America forward?
The U.S. Senate currently has the Railway Safety Act of 2023 before it, bipartisan legislation sponsored by the senators of the states affected by the East Palestine derailment. Van Orden’s House of Representatives is also entertaining a companion piece of legislation but with important portions deleted, such as a measure that establishes a minimum two-person crew on freight trains and stops the industry’s attempts to run three-mile-long trains with just one person (or no one) on board.
The SMART Transportation Division, the nation’s largest freight railroad union, hopes that Rep. Van Orden can get on board with the provisions in this legislation and help to advocate for and pass unaltered the bill of Sens. Brown (D-Ohio), Vance (R-Ohio), Bob Casey (D-Pa.) and John Fetterman (D-Pa.) as they champion safety on America’s railroads. Considering his position on the House Transportation Committee, Van Orden’s support is of great importance.
Perhaps, after Rep. Van Orden heard rail labor’s concerns in February and witnessed the April 27th derailment in Ferryville, seeing will now result in believing for him.
Andy Hauck is a 28-year veteran of the Railroad industry and is the Wisconsin state legislative director for the SMART Transportation Division, a labor union comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel.
SAN FRANCISCO — Transportation Trades Department (TTD), AFL-CIO President Greg Regan emphasized that the resurgence of labor unions’ power has been very apparent as he addressed the general session Aug. 9, the second day of the SMART Leadership Conference.
It began as the nation coped with the pandemic and then as the Biden administration set its sights toward accomplishing true action on infrastructure.
“The labor movement drove the response,” Regan said. “We were the ones who delivered for working people every step of the way.”
Among the examples: Investments in the transportation sector through the CARES Act, which put SMART-TD members furloughed by Amtrak back on the job after the pandemic froze the nation’s transportation system, and the Bipartisan Infrastructure Law, which outlaid a historic level of funding for Amtrak and public transportation, among others.
“This is the type of legislation that every president since Richard Nixon has been trying to accomplish,” Regan said. “And it happened last year. That doesn’t happen without the strength of the labor movement pushing that legislation.
“This is a rebirth for this country. We have a massive amount of opportunity for infrastructure in this country right here and we cannot skip over that. We might want to go on and move on to the next fight, but we should take a moment to reflect on what a major accomplishment that was.”
Regan mentioned specifically the work of the legislative departments of both SMART and the Transportation Division on Capitol Hill.
Now, as national rail contract negotiations near the end of the line set forth by the Railway Labor Act and comment has opened for a Notice of Proposed Rulemaking (NPRM) by the Federal Railroad Administration to make a minimum two-person rail crew nationwide, transportation labor has a chance to flex its muscles again.
Regan took part, along with many unionized workers from multiple industries July 30 in Galesburg, Ill., as they stood together to draw attention to carriers’ treatment of rail workers.
“We are not going to buckle. They are not going to be able to split us,” he said. “There is a level of strength and solidarity I see in freight rail right now that is unmatched.”
As for getting the Rule of 2 finalized by the Federal Railroad Administration, Regan said he’s confident that the public and regulators will recognize that it’s a safety issue and non-negotiable, especially as the comment period progresses to its conclusion in late September. “We’re not going to back down. We’re going to stay together, we’re going to fight like hell and we’re going to deliver.”
From left, Local Chairperson Chris Bond (Local 513, Gainesville Texas); Local Chairperson Steve Groat (Local 329, Boone, Iowa); General Chairperson Matt Burkart (GCA-341); SMART Transportation Division President Jeremy Ferguson and AFL-CIO Transportation Trades Department President Greg Regan wait to deliver their testimony before the Surface Transportation Board on April 26, 2022.
Video recap of the damning testimony on rail carrier policies.
On April 26, SMART Transportation Division President Jeremy Ferguson and three members of the union shed light April 26 on the devastating effects Precision Scheduled Railroading (PSR) has had on customers and labor alike before the Surface Transportation Board (STB).
Their testimony came on the first day of STB’s hearing on “Urgent Issues in Freight Rail Service” convened in Washington, D.C.
“As professionals, it’s painful to watch our shippers get bad service or no service at all, much higher rates, destroyed product and equipment, and in some cases having to resort to shipping by truck whenever possible,” President Ferguson said. “I want to make our voice heard that we stand with the shippers who want our professional service to keep the supply chain open and keep this country’s economy moving.”
President Ferguson’s testimony will begin immediately upon clicking the image.
President Ferguson referred back to the “safest and most productive era” of railroading years ago with more service flexibility, proper maintenance and full extra boards that has now been sacrificed for the higher stock prices sought by Wall Street investors through the implementation of PSR.
“Thousands of men and women have been laid off with reckless abandon while no consideration has been given to the service that has ultimately been forsaken,” he said. “All that is known to us and our members at this point is that the railroads are dead set on achieving the lowest operating ratio attainable at any cost.”
“Railroading, once revered as one of the most-coveted blue-collar jobs in the world, is now hemorrhaging employees at unprecedented rates because of the abusive work environments PSR has created. Truth is, employees are leaving the industry faster than the railroads can hire.”
He referenced the “Hi-Viz” attendance policy that BNSF implemented in February several times, stated that its implementation has led to the departure of 1,000 workers who were forced to choose between trying to attain enough sleep to safely work their next shift or try to spend limited time with family for a undervalued employee that often has only one day off a month.
“Now, because of PSR, two choices exist for rail labor: Work or be fired,” President Ferguson said.
Brother Burkart’s testimony will begin immediately upon clicking the image.
General Chairperson Matt Burkart (GCA-341), a fourth-generation railroad worker, yardmaster and member of Local 1975 (Kansas City, Mo.), testified that the relative simplicity of railroading over its nearly two centuries in the United States is being violated.
“It takes three things to railroad: Power, crew and rail. That’s it. Something to pull it, somebody to move it and something to run on,” said Burkart, a former member of management. “You give us those three things and we can run all day long. We’re not running all day long right now.”
Burkart mentioned the lengthy trains PSR has brought, many which exceed 10,000 feet when yards and sidings were made to accommodate World War II-era lengths of 3,000 feet. Not only does it take more moves to build or put a train away, it also takes more time, thus burning through the crew base.
Brother Burkart also brought to light our equipment, including the hand-held radios supplied to our members, were not made to accommodate these types of train lengths either, stating that, “the radios do not work with the longer trains, hampering the crew’s ability to communicate when inspecting larger trains” he said.
“It just doesn’t make sense, it’s perpetuating manpower issues, it’s dangerous, and it’s not servicing our customers. All of it’s bad,” Burkart said.
And, lastly, BNSF, contrary to belief, has implemented PSR and has imposed its own data-driven metrics based on reducing resources and headcount for years, Burkart said.
He offered a pair of simple solutions looking back a decade and a half:
“It takes planning. It takes common sense,” Burkart said. “Two things can be legislated today: a maximum of 8,000 foot on trains. We don’t need these three-mile-long monsters running around. We need to disincentivize any reason to ever store a locomotive. In Donley Creek we have five miles of engines stored. There’s no reason for a train to sit without power.”
Brother Groat’s testimony will appear immediately upon clicking the image.
Also testifying was Local Chairperson Steve Groat (Local 329 — Boone, Iowa), a Union Pacific engineer, who mentioned the slower velocity caused by inadequate track maintenance, derailments and mechanical failures caused, in part, by long trains.
“Since the increase in train lengths, I’ve noticed more hard wear,” he said — broken cars split in half, drawbars and knuckles being left on the ground. “These train lengths increase the in-train force that stresses the components that don’t normally fail.”
Travel times for trains also have increased and locomotive use hasn’t been efficient, Groat told the board.
“This is like hooking up a 28-foot camper to a Toyota Prius and trying to drive to Colorado,” he said. “At what time do you expect the engine to fail or a component of the locomotive to fail?”
Brother Bond’s testimony will appear immediately upon clicking the image.
Local Chairperson Chris Bond (Local 513 — Gainesville, Texas), an engineer, spoke about BNSF’s throttle and power limitations that had been rescinded April 15 after the STB hearing had been announced.
“The carrier has put profit over everything,” Bond said. “Over customer service, over employees, even over safety.”
Hi-Viz also has caused an employee exodus and a personnel shortage at the carrier when there wasn’t one before, Bond said.
“This new policy has employees resigning in record numbers. I have several employees who are facing discipline and possible dismissal right now,” he said, including a single mother who has staggered custody of her child, now facing potential termination as a result of Hi-Viz.
“With BNSF losing people because of resignations and terminations, they’ve attempted to recall furloughed employees that are hearing of the current work environment and choosing not to return,” Bond said. “The new conductor trainees who are hiring on are quitting almost right away.”
The testimony from SMART-TD was preceded by Transportation Trades Department, AFL-CIO President Greg Regan, who recently detailed PSR-related meltdowns that have adversely affected shippers.
“The workers represented by TTD-affiliated unions have been sounding the alarm on the state of the freight-rail industry for years,” he said. “It’s deeply unfortunate but completely predictable that we would find ourselves here today as both railroad employees and customers sit before you to express a shared simple fact — that today’s freight-rail network is not working for anyone other than railroad investors.”
Regan reminded STB members that Class I railroads shrank their workforce well before the pandemic by 29 percent over the last six years — about 45,000 jobs and were making the system less flexible by storing equipment.
“The elimination of jobs across all crafts of the freight rail network has undoubtedly contributed to operational breakdowns and service degradation, including the ability to operate, inspect, maintain and repair every component of a railroad.”
He mentioned service disruptions experienced by customers of BNSF, Union Pacific and Norfolk Southern in recent months.
“For as long as these railroads continue along their current path, these meltdowns and service degradations will continue,” Regan said.
Brotherhood of Locomotive Engineers and Trainmen Vice President Mark L. Wallace also testified on behalf of labor.
WASHINGTON – Greg Regan, President of the Transportation Trades Department (TTD) of the AFL-CIO, of which the SMART Transportation Division (SMART-TD) and SMART Mechanical Divisions (SMART-MD) are members, released the following statement in response to President Joe Biden’s Executive Order establishing a Presidential Emergency Board (PEB), which will delay any freight rail work stoppage or strike for 60 days upon taking effect Monday, July 18th. TTD is the nation’s largest transportation labor federation and represents 37 labor unions, including the 13 rail worker unions involved in the ongoing national contract negotiations:
“We commend President Biden for announcing a board of neutral arbitrators to investigate and report its findings and recommendations to help both parties work toward a resolution.
“After nearly three years of bad faith negotiations by the railroads, it is sad but not surprising that we arrived at this point in the bargaining process governed by the Railway Labor Act.
“Our goal from the beginning of this process has been to deliver a contract that freight rail workers could ratify, particularly as the railroads are raking in their highest-ever profits as workloads and work hours have increased exponentially. Throughout this process, the railroads have never made a contract proposal that these workers could reasonably accept.
“Just as they have failed in their responsibility to provide reasonable freight service for their customers and the American people, the railroads have also failed in their responsibility to their workers in their greedy quest to become modern-day robber barons.
“The reality is that these frontline workers are pandemic heroes who move essential cargo and goods through the supply chain, yet they have not received a pay raise in three years and are risking their personal health and safety every day on the job.
“The time has come for the nation’s railroads to be held accountable for their actions, and reconcile the long-term effects of their greed. The seven Class I railroads have raked in $146 billion in profits since 2015 while cutting 45,000 jobs in the same period.
“Quite simply, the facts are on our side and we look forward to the forthcoming recommendations of the presidentially-appointed arbitrators.”
“In a joint statement in response to the Executive Order, the 13 rail unions stated: ‘The Rail Unions remain united in their efforts, and are now working together in preparation of a unified case representing the best interests of all rail employees before the Presidential Emergency Board. Our unified case will clearly show that the Unions’ proposals are supported by current economic data and are more than warranted when compared to our memberships’ contribution to the record profits of the rail carriers.‘ “
Background:
Upon the formation of the Presidential Emergency Board (PEB), the Railway Labor Act (RLA) imposes a 30-day status quo period during which the Board will receive written submissions and hold hearings, and the parties are not permitted to exercise self-help. The Board would be required to issue its report within 30 days of its appointment. Once the Board issues its report, the RLA mandates another 30-day cooling off period as the unions and the carriers attempt to negotiate an agreement based on the PEB’s recommendations. If no agreement is reached at the end of that last 30-day period, then all restrictions on self-help are removed. Therefore, under the RLA, if a PEB is created and no agreement is reached based on its recommendations, the parties could exercise self-help in mid-September. Congress could take action at this point and mandate the Board’s recommendations or extend the cooling-off period.
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The 13 unions involved in the national rail labor contract negotiations are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Maintenance of Way Employees Division (BMWED); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division and Mechanical Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD and SMART-MD, respectively).
Collectively, these Unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.
Pictured in the Governor’s office, left to right: Senator Carolyn McGinn (R); Mike Scheerer, LR Local 94; Troy Fansher, Local 1503; Governor Kelly (seated); Nick Davis, Local 527; Ty Dragoo, SLD Kansas; Chad Henton, ASLD Kansas; Kyle Brooks, Local 1503
In late April, members of the SMART Transportation Division joined Kansas legislators and Governor Laura Kelly at the state capitol in Topeka, where Governor Kelly officially proclaimed April 28th “A Day of Honor and Remembrance for Railroad Workers” in the state of Kansas.
Along with witnessing Kelly sign the proclamation, Mike Scheerer of LR Local 94 (Kansas City), Troy Fansher of Local 1503 (Marysville), Nick Davis of Local 527 (Coffeyville), Kansas State Legislative Director (SLD) Ty Dragoo, Alternate SLD Chad Henton and Kyle Brooks of Local 1503 joined the governor to discuss the vital role railroaders play in the state and in the nation at-large – as well as honor, recognize and remember the ultimate sacrifice some railroaders have made.
“Today reflects our ongoing relationship with Kansas’ government and the recognition that rail labor is vital to the state, and that we are appreciated,” Dragoo said. “It is a proud day for Kansas’ SMART Legislative Board.”
Dragoo also noted that Governor Kelly has been a steadfast champion of SMART TD members and all of rail labor throughout her time in state government. “She has proposed the two-person crew regulation and has been a steadfast wall of support when legislation is directed to harm our jobs,” he explained. “She has been there on every issue; she includes us in policy discussions, and we always have a seat in Kansas.”
The text of the proclamation is below:
WHEREAS, since the first railroad was chartered to carry freight and passengers in the United States in 1827, this nation’s railroads have been vital to the national economy and defense; and
WHEREAS, it is estimated that each American freight rail job supports 9 jobs elsewhere in the U.S. economy; and
WHEREAS, over one-fourth of all freight movement in ton-miles annually in this country occurs by rail, including many of the goods upon which Kansas residents and businesses rely; and
WHEREAS, thousands of passengers arrive, depart, and travel through Kansas on Amtrak passenger trains annually; and
WHEREAS, the rail lines crossing Kansas provide a vital transcontinental link facilitating the movement of this freight and these passengers; and
WHEREAS, the safe and efficient movement of the trains transporting this freight and these passengers through Kansas is due foremost to the dedication, professionalism, and knowledge of those employees who are directly involved in train movements, including Train and Crew Dispatchers, Maintenance of Way personnel, Signal Maintainers, Mechanical personnel, and fully staffed two-person Train crews;
NOW, THEREFORE, I, LAURA KELLY, GOVERNOR OF THE STATE OF KANSAS, do hereby proclaim the day of April 28, 2022, as
CLEVELAND, Ohio (March 7, 2022) — In conjunction with the Transportation Trades Department, AFL-CIO (TTD), the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) urge all members to engage in a petition drive to bring attention to the draconian and punitive attendance policies that have forced rail workers to live in constant fatigue.
This effort comes simultaneously with a letter by AFL-CIO TTD President Greg Regan to the federal Departments of Labor and Transportation in support of both unions’ request in late January for an investigation into all rail carrier attendance policies, not just BNSF’s recently imposed “Hi-Viz” policy that has sparked outrage among all affected employees.
“We speak with one voice, shoulder-to-shoulder, in saying enough is enough. Congress must act to end these unsafe and life-sapping policies that punish workers with job loss. These severe and excessively harsh policies also penalize families by taking away what precious little time they have with their loved ones, leaving them dead tired and drained,” SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce said. “We thank TTD President Regan as our organizations continue to oppose draconian carrier attendance policies, such as the BNSF ‘Hi-Viz’ policy. These policies are clearly designed to further maximize carrier profits at the workers’ expense. Our unions will work jointly with TTD to raise awareness of these issues; they have gone unchallenged by our legislators and regulatory agencies for much too long.”
A case in point— according to a report in Business Insider published on March 4, five Democratic political leaders want an investigation by the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) into Amazon’s attendance policies, and we have one question for them:
When do railroad workers get their turn?
Warren Buffett, while not as rich as Jeff Bezos, was crowing about BNSF’s record 2021 profits. It just so happens that his railroad, which happens to be the largest in the nation, imposed the draconian and punitive “Hi-Viz” policy that is absolutely in line with what Amazon is doing — points, permanent records and punishment for people if life gets in the way of work. Other Class I railroads have similar attendance policies. All of these need to be examined closely so that all workers receive the stable work-life balance that they DESERVE.
We’ve seen members’ posts on the internet, we have taken the calls and we have read and responded to the emails from our memberships. This is a top priority for SMART Transportation Division and BLET leaders. We need to work together and unite for a positive change instead of directing anger and discontent inward. As we continue to work with our elected leaders for the same help and support, it stands to reason that we will be reminding Senators Elizabeth Warren, Bernie Sanders and Richard Blumenthal as well as Representatives Alexandria Ocasio-Cortez, Cory Booker and Cori Bush that they should push for answers from BNSF and other railroads with the same energy and focus that they are placing on Amazon.
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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.
WASHINGTON, D.C. — On April 20, union attorney Deirdre Hamilton was nominated by the president to serve on the National Mediation Board (NMB), the government body that facilitates labor-management relations in the aviation and rail industries. The 33-member union Transportation Trades Department, AFL-CIO (TTD), which represents millions of workers across the aviation, rail and broader transportation sectors and of which the SMART Transportation Division is a member, urges the U.S. Senate to quickly confirm her appointment to the board. “Deirdre Hamilton’s qualifications are impeccable, and it is clear she will bring to the NMB professionalism, integrity, and a deep commitment to the mission of the agency,” said Greg Regan, president of TTD. “We applaud the Biden administration for nominating someone with Ms. Hamilton’s depth of knowledge and experience, and who understands the critical role that the NMB plays for aviation and rail workers. We look forward to her swift confirmation by the Senate.” If confirmed, Hamilton will bring more than 20 years of valuable expertise and know-how to the NMB. She has significant experience before the federal courts and the NMB on a wide range of legal issues including union elections, mediation, contract enforcement, and major and minor dispute claims, and has amassed an in-depth knowledge of the Railway Labor Act. Regan further underscored the importance of Hamilton’s appointment to the NMB in the context of the COVID-19 pandemic and the resulting economic crisis. “Our nation’s rail and aviation industries support good middle-class jobs that are critical to the economy and the mobility of Americans. These sectors and the jobs they create will be even more important as our country seeks to recover from COVID-19 in the coming months and years,” Regan said. “NMB members have an important role to play in protecting the rights of the frontline workers – a goal that we know Hamilton is committed to.”
Members and leaders of the SMART Transportation Division as well as the AFL-CIO Transportation Trades Department, spelled out why U.S. freight railroads’ obsession with Precision Scheduled Railroading (PSR) increases the danger to the public and railroad workers alike. Journalist Aaron Gordon spoke with TD President Jeremy Ferguson and AFL-CIO TTD President Greg Regan about degradation in the safety culture of freight railroads because of PSR in an in-depth article published on March 22. “It’s going to end up like Boeing,” President Ferguson warned. Gordon’s article touched upon many topics that our members are unfortunately already well aware of, including: the severe reduction of rail employees which has greatly impacted safe operations, the increase of fatigue associated with the same demanding work but with a reduced work force, the practice of railroads to have inspectors spend less time inspecting cars, the deferral of needed maintenance and potential safety issues being glossed over so that dwell time is not increased. It paints a very realistic and clear picture of how the railroads’ operating ratios and profits have been placed well ahead of safety and all in the name of PSR. But by questing for those increased returns on Wall Street, the lessons learned from past operational mistakes could conceivably end up costing railroads in the long run, subjects interviewed in the article say. This article is essential reading, and it can be found on the VICE website.
