Larry Miller Archives

An arbitrator’s recent decision in a Public Law Board case brought by the SMART Transportation Division against BNSF resulted in a victory over the carrier.

In September 2017, BNSF unilaterally altered the working conditions for SMART-TD members in GO-386, who serve in and around Superior, Wisconsin, under the guise of Article IX of the 1985 UTU National Agreement (ID service notice), after the parties were unable to reach an amicable agreement. The changes included consolidating many Thru-Freight Service Pools into a single pool, as well as altering working rules under the collective bargaining agreement.

General Chairperson Larry Miller (GO-386) initiated Section 3 arbitration with the assistance of SMART-TD Vice Presidents John Whitaker and Jamie Modesitt. The union argued that BNSF’s ID Notice and changes to the working conditions were improper under the conditions allowed by Article IX of the 1985 National Agreement.

After hearing the case Dec. 14, 2021, arbiter Joshua M. Javits issued his decision April 14, 2022. He found:

that BNSF utilized the Article IX process to make efficiency changes, even though there was no new Interdivisional Service established;
that all of the evidence presented at the hearing suggested that BNSF was attempting to alter existing rules and agreements between the parties in a manner not intended by Article IX; and
that BNSF’s unilateral changes to employees’ negotiated working conditions were unreasonable, or justified under the Article IX process, and that the BNSF’s actions had improperly altered the work conditions of previous collective bargaining agreements.

Javits directed BNSF to reinstate the rules and working conditions that were in effect prior to the carrier’s imposition of the changes in October 2017.

“GC Miller and the rest of GO-386, as well as Vice Presidents Whitaker and Modesitt, should hold their heads high and be proud of this win,” SMART Transportation Division President Jeremy Ferguson said. “These types of victories are the building blocks for labor’s future success. These battles surely are not glamorous and they take time. We need to remain focused, persistent and maintain our determination that we all will hold carriers accountable while battling as a unit against their unjust impositions such as these. This is a huge success for SMART-TD once again and shows we are defending the agreements and protecting members rights to a fair and reasonable interpretation of agreements, especially as we start down the same path of arbitration for the Hi-Viz attendance policy.”

In response to the decision, members of SMART-TD Local 832 (Superior, Wis.) and 1175 (Duluth, Minn.) issued the following letter:

We would like to take a moment to thank General Chairperson Larry Miller and 1st Vice Chairperson of GCA 386 Tim Flynn for their unwavering hard work which resulted in a favorable ruling for our members regarding the contested Article IX that was imposed upon us in Superior, Wis.

Our local membership as a collective felt we were being unfairly disenfranchised from longstanding agreements put in place to create equitable outcomes for all parties tasked with supporting the multiple customers who depend on our ability to service their needs year-round, 24/7. Whether it’s spring flooding events or 45 degrees below zero, the agreement stated all parties would work together to create a reliable pact that our customers and community could count on.

Somewhere along the way, that alliance was broken, and with it our resolve. A feeling of isolation, dismay and resentment fell over the membership, yet we carried on for multiple years. So did Larry, Tim and others to make our voices heard. It would be easy to dwell on the negative impacts and feelings of animosity that soon arose after and during this time. Looking forward, hopefully with collaboration this ruling creates an opportunity to once again bring everyone into the fold and create an environment of inclusivity instead of isolation.

To Larry, Tim and everyone behind the scenes we haven’t named, we want to thank you for never losing sight of what this favorable outcome would mean for the working environment and overall mental well-being of the Superior, Wis., terminal and their families. Once again THANK YOU!

We are proud to have you in our corner and grateful for your representation throughout this time.

Sincerely,

Your Brothers and Sisters

SMART-TD Locals 0832 Superior WI & 1175 Duluth, MN

The full case, Public Law Board 7986, Award No. 1, is available to view below in PDF form.

PLB_7986_Award_1 Download

As COVID-19 has spread across the country, some carriers and businesses have been caught flat-footed in dealing with the pandemic as indicated by field reports we’ve received from members.
The same cannot be said for front-line SMART Transportation Division members who have sprung into action to help their communities and fellow members cope with the effects of the coronavirus.

General Chairperson Justin Wolters has been providing cleaning supplies to members to help fight the spread of COVID-19.

General Chairperson Justin Wolters (GCA-449) was able to engineer an agreement with a local distillery that provided alcohol-based hand sanitizer to members free of charge.
“I explained our travel ban exemption and our lack of access to running water,” Wolters said. “They seemed more than happy to help our union.
“I decided I can’t rely on the carrier to protect the members, so our officers are donating cleaning materials daily and cleaning when they can.”
Attention to sanitation of work areas also has been a challenge that General Chairperson Larry Miller (GO 386) is doing his best to help meet by providing disinfecting wipes to workers in packages provided by the union.

“I wanted to do all I can on my part to keep our members supplied with whatever I could get at our local stores,” said Miller, who was elected an alternate vice president at last year’s Second SMART-TD Convention. “I know it is not a lot, but it does make a dent. If we all pull together as the SMART-TD team, we will get through this.”
Member Mike Speier of Local 6 (Indianapolis, Ind.) took the initiative of purchasing a number of spray bottles from the dollar store, mixing up a bleach solution with four gallons that he purchased on his own, and then placing the filled spray bottles around the yard office.
“They can put posters up when the cows come home, but that’s not keeping us safe,” Speier said. “It’s cheap to do, I followed the instructions on Google and have been filling them up and giving them to the guys.

Mike Speier of Local 6 in Indianapolis, Ind., poses with his two daughters. Speier has been supplying fellow workers based out of the Avon, Ind., terminal with bleach water to help disinfect their work areas.

“If I keep my brothers and sisters safe and healthy, it ensures that I come home safe and healthy.”
If managers would give workers a bit of extra time to sanitize and disinfect their worksites — about 10 minutes — and allow the people to pull together, it’d help to reduce the risk of the coronavirus spreading, he said.
“You have a half-dozen guys buy bottles and bleach water, and we can really nip this in the bud,” Speier said.
Some members are doing their best to keep others informed.
On the West Coast, General Chairperson James Sandoval of the Santa Cruz Metropolitan Transit District and Local 23 (Santa Cruz, Calif.) alternate legislative representative, has been sharing information with members across TD locals and transit agencies alike to help spread information during the outbreak. In particular he is raising awareness about federal and state benefits that are available especially for those who may find themselves unable to work because they or someone they care for is dealing with COVID-19.
“Since we are in uncharted waters with this pandemic, it is extremely important to support each other and share information that may help because there is no book on this,” he said. “I have been sharing information with all District 3 general chairpersons, our International, our local labor counsel and other unions. We must step up to make sure nobody feels alone right now because things are changing at a rapid pace.”
Sandoval says that a cooperative effort has brought about shift adjustments at both Santa Cruz’s bus and paratransit properties by the carrier, which also has eliminated disciplinary procedures on sick calls, begun a no-question 10-day stay-at-home policy, supplied personal protective equipment and implemented bus sanitation practices.
“I couldn’t have accomplished improving our workplace strategy around COVID-19 to help protect our members without the support of my great team at our local. I have always believed that working together means we can get through anything — we will come out of this stronger than ever!”

Johnny Walker, legislative representative for Local 610 and secretary of the Maryland State Legislative Board, has been using his experience in the military and as a railroader to help pull people in his neighborhood and at his workplace together to cope with the stresses posed by the pandemic.
Walker wrote a guest column published on the SMART-TD website talking about how members will be essential in guiding the country through this challenge.

New Jersey State Legislative Director Ron Sabol also has been working closely with the state AFL-CIO to distribute information to members, especially members employed by New Jersey Transit, which has been particularly hard-hit by the pandemic.
He praised the efforts of General Chairperson Jerome Johnson (New Jersey Transit conductors) of Local 60 in Newark, as doing an exemplary job in keeping things moving in this time of crisis, as are other NJT members.
“He has been doing everything he possibly can to protect his members and the riding public. After all, NJT operates in and out of New York City,” Sabol said. “Our N.J. bus members as well have been dealing with fuller buses because of route cuts.”
These examples, as well as other members’ efforts that haven’t yet been reported to us at news_TD@smart-union.org, are what’s going to keep the country moving and our fellow brothers and sisters healthy as we all work through the challenge of this pandemic.
And don’t forget that there’s a form where members can report conditions not meeting CDC guidelines to prevent the spread of COVID-19.
Union leadership is reviewing each and every submission and is working to get those problem areas resolved, but keep in mind it is impossible for your general chairperson or state legislative board to adequately respond if the situations are not reported. The more details we receive, the better chance we have of getting them corrected.
“I read each and every one of these reports, and we all discuss it daily to ensure someone is following up with a corrective action plan,” said Transportation Division President Jeremy R. Ferguson. “Our general chairpersons are doing a fantastic job, and in many cases they are teamed up with our vice presidents in keeping the pressure on the carriers to get the unsanitary conditions and lack of supplies fixed. Our Legislative/Safety Department is following up on the national, state and local levels where needed to ensure members’ voices and concerns are being addressed.”
Chief of Staff Jerry Gibson of the TD President’s Office encourages members to reach out to him at jgibson@smart-union.org for ideas on how SMART-TD members can help pull together resources to assist each other during the coronavirus outbreak. This includes branding supplies with SMART decals so that people know that the union is helping to provide the materials that otherwise would not be available.