gun rights Archives - SMART Union

In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire department’s help.

Brother Franklin’s troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklin’s handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randy’s “Perfect work history” and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Carrier denies firearm rights

Franklin decided to challenge the carrier’s decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the state’s ability to protect Franklin’s rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

“Mike is one of our most seasoned LCs and was a great partner on this case,” Sale said. “We built a foundation in the initial investigation to support arbitration and legislation.”

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

“(They) were tenacious and left no stone unturned,” said Franklin.

SMART-TD progresses a new gun law in Arkansas successfully

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555. Excerpts and quotes from Franklin’s arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

“Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process,” Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklin’s bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklin’s employment being reinstated after he was targeted by UP’s unfair policy.

Union Pacific ignores the law

This would have been the end — if a railroad hadn’t been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklin’s lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didn’t care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

“They were basically spitting in the face of the state Constitution,” Sale said.

Supreme Court shoots down UP

Franklin and his attorney had come too far to roll over and give up. They took Franklin’s case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

‘This union never leaves one of its own hanging out to dry’

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklin’s determination to stand up to the carrier.

“As a state director, I’m proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach,” Sale said. “This was a case of everyone from the local office to my office and the general chairperson’s office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.”

Franklin expressed great appreciation for the union’s efforts to resolve the matter.

“Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this,” Franklin said. “Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights weren’t taken from me.

“Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. It’s good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.”

Brothers and Sisters,
We, as organized labor, have always been strong advocates of the Second Amendment, as many of us are hunters and outdoorsmen. What many do not know is that there is a Labor Organization called the Union Sportsman Association that was formed for these very reasons. I ask that all of you visit the site and consider joining.
I’ve received a great number of emails on this issue, and I feel I need to say more.
During this tumultuous presidential campaign, there have been persistent claims that suggest we are at risk of losing our Second Amendment rights if Hillary Clinton is
elected our next president. This is simply not true.
In fact, this issue was discussed during the recent debate, when both candidates, Trump and Clinton, agreed that they would ‘try to get the guns out of the hands of people that should not have them’ i.e., criminals that should not be able to legally purchase a gun, according to existing laws. They both made similar comments regarding this issue.
Hillary has stated, as many others on both sides of the aisle have, that we need to have uniform laws in place to purchase and sell weapons, including a more thorough background check.
This does not, would not, and could not take away your Second Amendment rights, nor would it limit them. It simply strengthens procedures to ensure that those who qualify to own a weapon are allowed to do so, and those who do not qualify, cannot obtain one.
Donald Trump, despite his NRA endorsement, has flip-flopped several times on gun control. He stated in his book, The America We Deserve that he supported the ban on assault weapons. “I generally oppose gun control, but I support the ban on assault weapons, and I also support a slightly longer waiting period to purchase a gun,” Trump wrote.
I am a gun owner. In fact, I own several and have never had an issue with purchasing one, as I am sure most of you have not. Why? Because we are not criminals and we are of sound mind. Making gun laws more restrictive will not have any effect on my ability to own a weapon.
This issue has been spun by the Trump camp to persuade voters that Hillary will dismantle the Second Amendment, which is an outright lie.
To clarify this issue, here is what would need to happen to do away with the 2nd Amendment: The U.S. House of Representatives and Senate would have to draft an Amendment to the Constitution. It would then have to be approved by a two-thirds supermajority. Once it has been passed by both houses of Congress, the President would then have to sign it. As if this is not enough, the proposed amendment change would then be sent to each and every state in the nation for ratification. It would then require three-fourths of the states to vote in favor of the change…nearly impossible and exactly why we have had so very few constitutional amendments. So in short, not one person, nor one branch of government can make this change.
This issue surfaces as a diversion tactic in every election, and is simply a way for Trump to divert and distract members of labor away from the real issues like fair living wages, safe work environments and our retirement, among many quality of life issues. It reminds me of a quote that I read years ago and kept for good reason: “What does a politician do when they have no record of legislative accomplishments, or solutions to solve problems? They invoke the politics of fear.” And Donald Trump is a master at using the politics of fear to capture support.
Make no mistake, our quality of life is at stake if we cast our vote in the wrong direction. Do your own research on the real issues from both candidates and see what conclusion you come up. Vote for the person who has your best interest, and the best interest of your family, at the heart of their policies.
If we vote for a candidate who sparks our emotions on hot button topics that are not factual, we will all need our guns to feed our families because our wages will decrease (why do you think the railroads are waiting to finalize our contract until after the election results are known?).
Our healthcare benefits will be stripped, eliminated or at the very least triple what we are paying now. Our retirement will be taken away and rolled into social security. The list goes on and on.
Do you need more proof?
Trump’s choice for VP, Mike Pence, has voted to limit, reduce or take away your railroad retirement and has voted against numerous labor protection and wage bills in his political career. Do you think Pence’s views have changed? Of course they haven’t.
What about Presidential appointments?
The President appoints the administrator to several extremely influential positons that have a direct effect on transportation labor: Our safety – Administrator of the Federal Railroad Administration; our wages – National Mediation Board, Presidential Emergency Boards; our jobs – Surface Transportation Board; and, our retirement – Railroad Retirement Board.
Do you feel more comfortable allowing Donald Trump to make these choices or Hilary Clinton, who has a long history of supporting working family agendas – and over a 92% voting record on labor issues?
It does not matter who you like personally, what matters is this: Will the next president support those critical issues – jobs, wages, retirement—that matter to you and that matter to the health and wellbeing of your family?
Our job as Labor Legislative Leaders is to seek out and support those candidates who will support our industry, our quality of life and our working class values, regardless of party affiliation.
We have spent considerable time in vetting these candidates with background checks, research, voting record checks and personal interviews. Before you cast your vote, I ask that you create a score card listing all that is at stake, and consider what you’ll get to keep and all that you could lose.
To me the answer is clear: Trump’s manipulative lies and fear-based politics is simply not in the best interest of me, my family our industry and nation and it is my hope that all of you will come to the same conclusion and vote November 8^th for all SMART TD endorsed candidates .
Fraternally,
Jerry L Gibson Jr
SMART TD Michigan State Legislative Director
SMARTMSLB@Gmail.com