On the first day of the first-ever SMART Leadership Conference, Transportation Division President Jeremy Ferguson updated hundreds of SMART officers on the progress his administration has made in strengthening our union since his administration took office in 2019.
It was President Ferguson’s first opportunity to address a large, live assemblage of the union since the Second SMART General Convention in Las Vegas.
“We have accomplished so much together, much more than I ever imagined, with the new bonds that we have made and the promises to the delegates that we would unite this entire union for the betterment of all of our members,” he said.
He noted that the administration has made some rapid and meaningful progress, even with the challenges the membership as a whole has faced since 2019. He emphasized strides made in safety with the online Safety Condition Report introduced in early 2021, education and an accountability to membership.
Education-wise, the change from the old regional meeting model to a leadership summit such as the one in San Francisco and the regional training seminar models for a more locally-oriented experience was a shock to some, but the feedback has been largely positive from those who’ve attended.
“It was not easy to break from previous tradition, but I was adamant that we train to be the best. This week we are going to teach many important skills and values needed to be the best. We are going to lead the next generation to be better and more skilled than we are here today,” he said. “We are going to give them advantages that we were never afforded. That’s what true leadership does, they make it better for their successors.”
He noted that the years since his administration took office have been anything but normal.
“It’s been one challenge after another from court cases and other crises. There’s rail carriers’ implementation of PSR [Precision Scheduled Railroading] and refusal to reward their essential workers with a meaningful contract, brutal assaults on our bus and transit members, the supply-chain meltdown that’s followed, the exodus that is happening with good loyal workers being ground down by attendance policies and choosing to walk away from their hard-earned pensions just to have time with their family,” he said.
“Times have gotten tough here lately with such drastic shortages of bus drivers and railroad workers, but when things get tough, I know that the one thing we’re not afraid to do in the face of adversity is to show up and step up. We’re not fearful of the challenges that we see ahead after what we’ve been through.”
President Ferguson later in the day addressed a Transportation Division general session consisting of about 200 general committee and state board officers in attendance.
In it, he updated the audience on Presidential Emergency Board 250, saying that labor’s performance had the carriers on their heels. The railroads’ case essentially boiled down to “labor’s being greedy.”
“There’s no union on the outside. We’ve all got each other’s backs,” he said of the United Rail Unions, who pooled resources and stated labor’s case as a unified body before the PEB in July. “It is the best we could have done.”
Other topics included the in-progress relocation of the TD executive offices from North Olmsted, Ohio to a new site in Independence, Ohio. When the move is complete, that relocation will save a projected $2 million for the union over the new 10-year lease.
He urged officers to promote the benefits offered internally through the union, such as the TD Voluntary Short Term Disability and Discipline Income Protection programs rather than job insurance programs run by outside entities.
The cost of DIPP will decrease, effective Oct. 1, and more reductions will come in the future if the number of contributors to the program goes up.
“The more people we get in the fund, the lower we can go,” he said of the DIPP.
To close, the organizing department has been reinvigorated with new documents and an enthusiastic squad of people telling new hires why being a member of TD is the right choice. Chief of Staff Jerry Gibson heads up the department that has been inundated with new hires. “All our hard work is starting to pay off,” President Ferguson said.
SMART Transportation Division (SMART-TD) would like to take a few moments to update the thousands of essential rail workers whom we proudly represent, the rail shippers and customers, as well as the public at large on the real status of labor negotiations and about the serious factual misrepresentations that the Association of American Railroads (AAR) and railroad representatives are stating as “FACT” surrounding the “railroad labor negotiations and the need to avert a network shutdown.” Their claims are simply not true.
Let me be clear, rail labor is NOT looking to strike or shut down the nation’s economy at the expense of everyone. We want and deserve a fair agreement for our members. We strongly believe that a Presidential Emergency Board (PEB) will help us to garner that without the necessity of a strike. This does not mean that we will not do what’s necessary to get a fair agreement, but rather we expect the Railway Labor Act (RLA) to do its job as it has in the past so that it does not come to that. We are fully prepared to act if the provisions of the RLA get to the point of self-help or strike.
I was present and testified with a full team of experts in front of the Surface Transportation Board (STB) on April 26th and 27th in Washington D.C., concerning the massive network disruptions, the negative effects of Precision Scheduled Railroading (PSR), and the pending supply chain collapse due to railroad mismanagement of their networks. Shippers don’t know when they will be serviced, and the workforce doesn’t know when we will be going to work. I was proud to testify to make it known that we fully support our customers’ efforts to have the reliable and consistent service that they not only deserve, but also contracted with the railroad(s) for. I made it clear then, and now do so once again, that we stand ready to do everything within our power to keep freight moving and to support this country’s supply chain and economy.
Much like the testimony delivered by the railroads and AAR at the STB hearings, again there’s a steady stream of lip service, half-truths and misleading innuendo trying to skew the truth about the status of negotiations. I would also note that, to date, the AAR has not put forth any data supporting the “fair” percentage wage increases they are proposing and “provide well-deserved compensation increases to our essential employees and are consistent with labor market benchmarks.” What they are purporting as fair is only fair in their eyes and obviously not seen as “fair” by their essential employees who are quitting their jobs in record numbers. I have been at the negotiating table. I have yet to see any fair proposals put forth by the carriers in three years of negotiations. The benchmarks they are using at the negotiating table were established well before the pandemic and inflation occurred. I would also cite the fact that due to the PSR scheme worker productivity is running at such a high level that it is literally about to snap like an overstretched cable or chain.
Assuredly, a 16% wage increase over five years is not acceptable by today’s benchmarks. The railroads’ plans to increase the employees’ share of healthcare costs to such a point that the raises become net-zero is not reflective of rail carriers’ record profits or of their desire to keep their “valued freight rail customers,” isolated from further network disruptions caused by lack of manpower. The proposed five-year increases also come below all standard cost of living metrics. The railroads these days are having a very difficult time attracting potential new employees because of their refusal to bargain in conjunction with today’s benchmarks, much in the same way that they refuse to acknowledge shippers’ need to have sufficient and reliable service in accordance with their common carrier obligations.
On multiple occasions, SMART-TD has stood up for shippers, while carriers lacked any interest in fixing the current shipping problems that worsen by the day. PSR is the reason. Everyone knows it. Legislation may be needed for a permanent fix to the problem, and I think that day is coming soon. The quickest fix is to stop the railroads from running such ridiculously long trains, which the current infrastructure can’t handle, and get back to basics now! Instead, they cajole shippers to help them save a few dollars of their record profits, wanting to tip the scales against the very people who do the work and who are chiefly responsible for getting the railroads their profits. This is appalling. By hanging the fear of service disruptions in front of the shippers, it would almost be comical if the current state of the supply chain situation were not so dire.
Meanwhile, the tales told by the mouthpieces of the carriers keep getting bigger and bigger. One such fish tale dangled in front of people mentions that labor seeks a 47% wage increase. Even the head of the National Railway Labor Conference can’t provide the evidence to document this whopper. The truth is the three biggest railroads at the negotiating table don’t want to part with ANY of their record profits, nor do they wish to reward the workers who have busted their asses for the last three years without a raise, to get them those record profits. The shareholders were rewarded with record buybacks of $10 billion. Where is the reward for the employees who are actually doing the back-breaking work to make those buybacks possible? With a stale contract that has been in effect since prior to inflation taking hold, the workers have nothing to show for their blood, sweat and tears, as well as the sacrifices they and their families have made.
Pouring on the risk and absurdity, the big 3 claim they wish to get a deal done given those “fair” proposals they’ve allegedly made. What they’re not telling everyone is that instead of negotiating with labor at the national table to get this deal done, they are instead more concerned with keeping up their mediation meetings in an attempt to get a crew-consist agreement completed to further reduce the rail workforce, thanks to the allegedly “fair” arbitrator selection process out of the previous National Mediation Board (NMB). Carriers again are attempting to go to one person occupying the cab of a freight train. (Their ultimate stated goal is zero crewmembers on trains frequently carrying hazardous freight.) Such a measure would put the safety of our communities at serious risk and the supply chain in dire jeopardy, more so than it is right now. Were carriers so concerned about a fair national agreement to stop service disruptions, one would think they would concentrate on the goal of a national agreement. Instead, carrier execs and their cronies are off for two weeks at a time trying to find a way to get rid of more employees rather than trying to come up with a fair and equitable agreement to keep the ones they now have. UNBELIEVEABLE, but not surprising!
Class 1 railroads are not just servicing their own greed and that of Wall Street, they are working against serving their own customers, their own workforce, the families of their employees, the communities they serve and the American economy. This strategy will net them those short-term monetary gains they desire at the expense of the long-term viability of the American supply chain, our national security and the long-term health of the national economy.
Lastly, I find it very offensive that the railroads, via the AAR, would reach out to the shippers to assist their efforts in advocating for so-called “fair-minded” arbitrators with rail industry experience to the Presidential Emergency Board (PEB) to help facilitate what they perceive to be a reasonable agreement and avoid network disruptions. We all know that getting a good contract for the workforce will not only stop the bleeding, but it will also help employee morale and keep the supply chain moving. Absent an enticing contract, the current workforce will continue to shrink and worsen the situation more than any other factors possibly could. I can’t stop my members from leaving the industry, but the railroads can by offering a truly fair and equitable agreement with wage increases, no changes to healthcare costs and predictable scheduling, among other asks.
To the rail customers: I urge you to respond to the AAR’s request by telling them that you support SMART-TD and labor as we have supported you. We have faith that the Railway Labor Act process will work just fine, much like it always has since 1934, and you should too. Don’t let yourselves “get railroaded” by the AAR. America’s Class 1 railroads are attempting to “railroad” customers, railroad employees, their families, and the American public, as a whole, and “attention must be paid.” Don’t listen to their propaganda. Do your research and look at the facts for what they are. I can assure you, if the carriers get what they are proposing, things will only get worse and it will be their own fault.
Sincerely,
Jeremy R. Ferguson President, Transportation Division
SMART Transportation Division President-elect Jeremy R. Ferguson addresses the Second SMART TD Convention on Sunday, Aug. 11, in Las Vegas. LAS VEGAS – SMART GEC Member and Transportation Division (TD) Vice President Jeremy R. Ferguson of Local 313 (Grand Rapids, Mich.) was elected President – Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers, shortly after the opening August 11th of the union’s Second Transportation Division Convention at the Mirage Resort in Las Vegas. Ferguson was challenged for the office by fellow TD Vice President John England (Local 1674, Los Angeles, Calif.) and Robert “Bob” Keeley, former general chairperson of GCA 342 (CSX – Northern District) out of Local 1951 (Albany, N.Y.). Ferguson received 380 votes of the 440 ballots cast. “Get ready to go to work … It’s going to take the upmost dedication and determination, but we will fight the injustices to the end,” Ferguson said. “We will stand shoulder-to-shoulder, and I will lead from the front. Your voices will be heard, and you will hear my voice. “General chairpersons, state directors – you deserve more from us, and we will deliver.” Alternate National Legislative Director Gregory Hynes (Local 1081, Phoenix, Ariz.) was elected National Legislative Director, defeating Utah State Legislative Director F. Jay Seegmiller (Local 166, Salt Lake City, Utah) in a 255-to-185 vote. Hynes will succeed John J. Risch III, who previously announced he would not seek re-election. SMART TD National Legislative Director-elect Gregory Hynes addresses delegates Aug. 11 at the Second SMART TD Convention in Las Vegas. Incumbent TD Vice Presidents Brent Leonard (Local 202, Denver, Colo.), Calvin Studivant (Local 759, Newark, N.J.) and John D. Whitaker III (Local 1106, Rocky Mount, N.C.) were returned to office by acclamation. Also elected TD Vice President by acclamation were Alternate TD Vice President Chadrick Adams (Local 331, Temple, Texas), Executive Board Member and GCA 049 General Chairperson Jamie Modesitt and Joe M. Lopez, general chairperson of GCA 009 (BNSF). Additionally, General Chairperson D.B. Wier, Jr., (GCA 919, Terminal Railroad Association of St. Louis) of Local 469 was elected TD vice president, defeating General Chairperson Tom Pate (GCA 20, BNSF), president of Local 1081 in Glendale, Ariz., and General Chairperson Billy Moye (GCA CSX-SCL) of Local 1971 in Atlanta, Ga. Meanwhile, Alternate Vice President Bus – East Alvy Hughes (Local 1596. Charlotte, N.C.) defeated Bonnie Morr (Local 23, Santa Cruz, Calif.) and incumbent Vice President Bus Adhi Reddy (Local 1785, Santa Monica, Calif.) for TD Vice President Bus. Article 21B, Section 35, of the SMART Constitution provides for a successor to the president of the Transportation Division in the event a vacancy occurs between conventions. To provide for such a contingency, delegates chose TD Vice President-elect Leonard to that position. Kentucky State Legislative Director Jared Cassity was elected Alternate National Legislative Director. Waverly Harris, TD Alternate Vice President Bus – East, was elected to that position by acclamation. Alternate Vice President Bus – West Guillermo Rosales was returned to that office, defeating Erskins Robinson, general chairperson of GCA SMB, out of Local 1785. Among five candidates for four TD alternate vice president positions, Scott Chelette, Gary Crest, Larry Miller Jr. and Christopher Bartz were elected. SMART TD Board of Appeals members elected by acclamation are Tim Flynn (engine services), Tessa Collins (road service), Rick Pauli (commuter), and Brenda Moore (bus). Incumbent Kevin Smith won an election and will return as the Board of Appeals yard representative. Elected to the TD Executive Board by acclamation were California Assistant State Legislative Director Mike Anderson, Dale Gerkin, John Dunn, Rex Allen and New York State Legislative Director Sam Nasca. Ohio State Legislative Director Stu Gardner was elected Alternate to the Executive Board by acclamation. The newly elected officers assume their roles officially on Oct. 1.
After nearly three years of mediation with Great Lakes Airlines in conjunction with the National Mediation Board, SMART Transportation Division-represented airline pilots employed by the company have finally reached an agreement with the carrier.
Following several requests by the pilots’ local representatives to the NMB to be released from mediation, the affected pilots and SMART representatives reached a tentative agreement in late June.
A four-year contract with significant wage increases and beneficial work-rule changes was approved Sept. 16 with 80 percent of the ballots cast in support of the deal. GO 040 General Committee of Adjustment Vice Chairperson Diane King reports that 92 percent of all eligible pilots voted.
Klundt
GO 040 General Committee of Adjustment Chairperson Matthew Klundt said many of the GLA pilots were exasperated by the long ordeal. “The word ‘strike’ kept coming up among our members at local meetings, but we were all relieved when we saw a light at the end of the tunnel in June. I personally thank Transportation Division President John Previsich, Vice President Jeremy Ferguson and other union officers for encouraging our members to let the process play out,” he said.
On average, airline captains will receive an immediate 20 percent pay increase, first officers an immediate 22 percent increase, and certified airline transport pilot first officers will see an immediate 50 to 55 percent pay increase, depending on what aircraft they are operating.
All Great Lakes pilots will then receive additional two to three percent wage increases each year, through 2017. Realistically, the increases will amount to about 5.5 to six percent per year with the longevity increases built into the agreement.
Other wage scales have also been negotiated for pilots operating jet airline service in anticipation of the carrier possibly purchasing those aircraft in the future.
Ferguson
“Hopefully, this will come to fruition soon as the number of passengers using Great Lakes’ services has been steadily shrinking due to competition providing faster jet service,” Ferguson said. “The airline’s flights have also decreased due to pilot shortages created by new Federal Aviation Administration regulations which resulted in GLA pilots being recruited by larger carriers. I think this agreement is a win for both sides.”
The airline currently operates only Beechcraft 1900D and Embraer EMB-120 Brasilia turbo-prop aircraft with available seating ranging from nine to 30 seats.
The new contract also contains the following provisions:
An increase in the daily allowance for expenses (per diem) rate from $1.35 to $1.50 per hour;
An improved discipline grievance procedure, allowing for formal investigations with proper notice, including written notification of the charges, time limits on the notice, time limits on when a hearing can be held, the right to cross examine company witnesses and the right to a transcript;
A limit on pairings or crew pairings that cannot exceed five calendar days (Airline work schedules consist of assignments called “pairings” that are a sequence of flights that begin and end at the same terminal.)
After two years, an increase in the minimum monthly off days from 10 to 11;
A requirement that pilots not released from service within four hours of his or her originally scheduled release time shall be considered “involuntarily junior assigned.” Pilots may voluntarily pick up one junior assignment, with pay, at a minimum of four hours above guarantee, but involuntary junior assignments are now paid at 125 percent;
Vacation accrual rates converted from hours worked per month to weeks worked per year; third-year pilots will now be entitled to two weeks of vacation instead of one, and
A new agreement section listing hotel/lodging conditions and establishment of a union oversight committee on lodging.
After the tentative agreement was reached in June, several issues remained open for discussion that were resolved by memorandums of understanding. That led to a delay in the ratification vote until September.
Ferguson praised General Chairperson Klundt and Local 40 (Denver) President John Nolan for their patience throughout the negotiating and mediation process. “Both Matt and John were very driven during the entire process and were a huge asset to the negotiating team and their fellow pilots. They were instrumental in getting the final negotiations across the finish line,” he said.
In representation elections held May 15 on both bus and rail properties, the SMART Transportation Division came out on top, keeping the Organizing Department’s 2014 undefeated streak alive.
Yet another division of First Student bus operators has joined the SMART fold as Kansas City, Mo., school bus drivers overwhelmingly selected SMART over both the International Brotherhood of Teamsters and the Service Employees International Union.
Of eligible voters, 107 selected SMART Transportation Division, 63 selected the Teamsters, 16 selected SEIU and just seven chose to vote for no union.
“This was a hard-fought campaign, but it was also a well-run campaign,” said Transportation Division Director of Organizing Rich Ross. “We won, and we won by a large majority because we spent a lot of time out there making our case. The operators wanted representation and chose the best bang for their buck.”
“We were out near the property every day at 4:30 a.m. to get our message across. The Teamsters came out in force with their parade truck, trying to block us from view, but the First Student operators found us.”
Ross lauded the efforts of Alternate Vice President-Bus Calvin Studivant and Southeastern Pennsylvania Transportation Authority General Chairperson Waverly Harris (1594) and Vice Local Chairperson Brian Caldwell (1594). He also thanked CSX and Norfolk Southern new-hire class instructor Justin Humphries Local 1291 Chairperson Jacob Lane for their dedicated service throughout the campaign and Local 759 member Sheny M. Mendez for acting as an interpreter for the company’s Spanish-speaking employees.
In Western Michigan, the train and engine service workers employed by Marquette Rail also said “SMART” when they opted for union representation.
With the assistance of Vice President Jeremy Ferguson, Ross concluded another successful campaign in the Great Lakes State.
The Genesee & Wyoming-owned short line operates over approximately 126 miles of Michigan track, primarily on rail route extensions from CSX and Norfolk Southern near Grand Rapids northward to Ludington and Manistee.
Marquette transports chemicals, paperboard, grain, salt, petroleum products and other commodities. It also serves as a storage agent for fleet owners requiring accommodations for seasonally inactive or off-lease rolling stock. Capacity is in excess of 500 railcars.
Kerley Robert D. Kerley, the senior vice president of the Transportation Division of the International Association of Sheet Metal Air, Rail and Transportation Workers, has retired, effective Feb. 28. The vice president vacancy in the Transportation Division will be filled by the elevation of Alternate Vice President Jeremy Ferguson by action of the Transportation Division’s board of directors. Kerley is a member of Local 303 at Springfield, Mo. He began his railroad career as a brakeman for the former St. Louis San Francisco in 1971. He was promoted to conductor in 1973, fireman in 1977 and locomotive engineer in 1978. He served the members of his local as fireman’s local chairperson in 1977, 1979 and 1983. He was elected full-time associate general chairperson on BNSF Railway (GO 001) in 1983 and re-elected to the post until 1999, when he was elected general chairperson. While continuing to serve as general chairperson, Kerley was elected alternate vice president-West, by delegates at the United Transportation Union’s convention in 2003, and served as secretary of the UTU District No. 1 General Chairperson’s Association for two terms. Since 2004, he has served on the UTU National Negotiating Committee. He also is a member of the UTU Wage and Rules Panel, which works to address ongoing collective bargaining issues at the national level. He was elected full vice president in 2007 and re-elected to that position in 2011. He also has served on the UTU Board of Directors since 2008 and was a member of the SMART General Executive Council. Reflecting on his career with UTU and SMART, Kerley said “I have thoroughly enjoyed every aspect of both my railroad and union careers and truly appreciate the many opportunities this organization has given me to provide for my loved ones and to serve the membership. I will certainly miss the many friends and colleagues I leave behind, and I wish you all the best in your continued efforts on behalf of working people.” Ferguson Ferguson, a member of Local 313 in Grand Rapids, Mich., was born in 1970. He started railroading in 1994 as a conductor on CSX at Grand Rapids. He was promoted to engineer in 1995. Ferguson was elected local legislative representative in 1995, local chairperson in 1996, and secretary of his general committee, CSX GO 049 in Jacksonville, Fla., in 2007. He was elected second vice general chairperson in 2008 and first vice general chairperson in 2011. He has also served as special representative and organizer for the UTU International starting in 1997. He is the father of two children and resides in Jacksonville, Fla. To fill the vacancy created by Ferguson’s elevation, the board of directors has appointed Long Island Rail Road GO 505 General Chairperson Anthony Simon to the office of alternate vice president. Simon was born June 11, 1963, and raised in the Richmond Hill neighborhood of Queens, New York. As GO 505 general chairperson, he represents the crafts of conductor, track worker, building and bridge worker, special service attendant, track supervisor, car repairman and car appearance personnel on New York’s Long Island Rail Road. He also serves as the chairperson of the Transportation Division’s Association of General Chairpersons District 1. Simon Simon hired on with LIRR in 1990 as a station cleaner and was promoted to assistant conductor in 1993. He was certified as a conductor in 1997 and began his career as a union leader soon after. He first served as a local committee of adjustment secretary and was elevated to the office of local secretary & treasurer in 2000. In 2006, he ran unopposed for the position of general chairperson of the largest union on the LIRR. Simon also served on the Constitution Merger Committee of SMART. Simon served on the Passenger Hour of Service working group with the Federal Railroad Administration’s Safety Advisory Committee. He organized and implemented a Hurricane Sandy Relief Fund to benefit railroad families in need following the storm and hosts an annual golf fundraiser in support of families on Long Island affected by autism. He and his wife, Ann, reside in Bethpage, N.Y., with their children, Nicole and Anthony Jr.
UTU Assistant President and International Vice President John Previsich has been named to the additional post of UTU general secretary and treasurer (GS&T) by the UTU Board of Directors.
Previsich also will continue handling assignments as an International vice president, but those assignments will be pared down given his new duties.
Previsich succeeds GS&T Kim Thompson, who retired Dec. 31. UTU International Vice President Delbert Strunk had been elevated to that post, effective Jan. 1, but Strunk chose, instead, to retire Dec. 31.
The UTU Board of Directors made additional appointments:
* UTU Alternate Vice President Troy Johnson becomes an International vice president, succeeding International Vice President Paul Tibbit, who retired Dec. 1.
* UTU Alternate Vice President John England becomes an International vice president, filling a position vacated by Strunk.
* Vice General Chairperson Jeremy Ferguson (CSX, GO 049) and General Chairperson Brent Leonard (Union Pacific, GO 953) become alternate vice presidents, filling the positions of alternate vice president vacated by Johnson and England.
Feltmeyer
Additionally, the United Transportation Union Insurance Association (UTUIA) Board of Directors elected Bruce Feltmeyer as general secretary and treasurer of UTUIA, succeeding Kim Thompson in that position. Feltmeyer also holds the position of director of staff at the UTU Headquarters in North Olmsted, Ohio.
Biographies of the new officers are available – or will become available in the case of Ferguson and Leonard – at http://www.utu.org/ by clicking on “About the UTU,” then clicking on “officers” and scrolling down to the names.
Feltmeyer’s biography is available at http://www.utu.org/ by clicking on “About the UTU,” then clicking on “UTU/UTUIA Staff” and scrolling down to his name.
