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Local 16 meets with Oregon Gov. Tina Kotek

From Delaware to Oregon, sheet metal local unions are winning state legislative victories, helping put SMART members to work and improving the well-being of their communities.

On July 26, members of SMART Local 19 (Philadelphia, Pa.) joined Delaware Governor John Carney at the state capitol, where Carney signed into law a regulation that expands prevailing wage to include custom fabrication. Local 19 had pushed for this legislation for years, said Local 19 Political Director Todd Farally.

“This ensures that every worker that performs custom offsite fabrication, including ductwork and commercial signage, is paid the proper family-sustaining wage,” he explained. “Local 19 and the other mechanical trades, along with our sponsors, worked diligently to get this law passed.”

In the past, bad-faith developers had used custom offsite fabrication as a loophole to pay workers less and undermine area contractors, even when fabrication was taking place on materials for prevailing wage projects. By helping build a coalition to bring custom offsite fabrication under prevailing wage — a coalition that included state Senate Majority Leader Bryan Townsend, House Labor Committee Chair Ed Osieski, Representative Kim Williams, Senator Jack Wagner, contractor SSM Industries and others — Local 19 and other area unions will protect Delaware workers and contractors alike.

Local 19 with Delaware Gov. John Carney

“This is exactly why it is vital for our members and all workers to be engaged in the political process,” Farally added. “When we fight, we win!”

In Oregon, meanwhile, SMART Local 16 built a powerful group of allies, including the National Energy Management Institute (NEMI), to help pass House Bill 3031, which relates to indoor air quality in schools. If school districts receive funding to improve indoor air quality, the law would require indoor air quality assessments of K–12 school facilities every five years and the use of carbon dioxide monitors in all K-12 buildings to help confirm that all school ventilation systems are operating correctly, and that staff is notified right away of any deficiency or issue. It also mandates the review of an independent third-party mechanical engineer to ensure the proper corrections are made for the best results. Importantly for SMART members, labor standards contained in the bill will require that skilled, trained and certified workers perform the work — creating good, family-sustaining jobs.

The process began all the way back in November 2021, according to Local 16 Regional Representative/ Political Coordinator Russ Benton. That’s when Local 16 began meeting with politicians and candidates on both sides of the aisle.

“Over the next 12 months, [Local 16 Business Manager] Brian Noble and I met with every legislator that would meet with us regardless of political affiliation,” Benton explained. “This turned out to be incredibly important at the end of session due to the Senate Republican walkout.”

A crucial part of the successful campaign was developing a partnership with the state Department of Education. Local 16 worked with pro-labor Lane County Commissioner Joe Berney to start bringing federal funds to Lane County. The local also began cultivating relationships with key players in the education sector, such as the president of the Oregon School Board Association and the executive director of the Oregon Department of Education (ODE), as well as political allies like state Senator James Manning. Finally, Local 16 made the strategic decision to hire a grant writing contractor to help Oregon school districts and local educational agencies secure federal infrastructure bill funding to improve school buildings. Crucially, the grant writer would only write applications for projects under a PLA.

All those steps helped build a strong coalition to push for the passage of indoor air quality legislation, Benton explained. Local 16’s strong relationship with ODE led to the state publicizing SMART’s services on its website, promoting union sheet metal workers as the skilled technicians ready to perform indoor air quality work. ODE also sent a communication to school superintendents seeking initial school districts to participate in the grant-writing and application process.

The results have been immediate, Benton said.

“Within two days of the first communication from ODE, we had 22 school districts apply. Within two weeks, we had 33 school districts. Within three weeks, we had 40 school districts willing to sign project labor agreements.”

And on June 23, 2023, the local’s political relationships proved successful, ensuring the passage of HB 3031.

“Connecting with leadership on both sides of the aisle was incredibly important and made all the difference,” Benton concluded. “In the most hostile political environment in our state’s history, we passed a bipartisan IAQ bill.”

On April 4, 2022, members from across SMART gathered in Washington, D.C. to hear from SM Local 40 (Hartford, Conn.) Regional Manager John Nimmons about important indoor air quality (IAQ) legislation for sheet metal workers in Connecticut — based on an earlier legislative effort championed by SM Local 25 (Northern N.J.) Business Manager Joe Demark — that demonstrates how vital it is for SMART members to advocate in their local governments.

As of late spring 2022, multiple Connecticut State Senate bills, the most prominent being the Act Improving Indoor Air Quality in Public Schools (SB 423), are making their way through the legislative process with the backing of a labor coalition comprising SMART, the Connecticut Education Association (CEA), the American Federation of Teachers (AFT), the United Auto Workers (UAW) and more. Despite a deeply divided political climate, SB 423 garnered overwhelming bipartisan support, with Connecticut Gov. Ned Lamont allocating $90 million in his proposed budget to IAQ. Importantly, Nimmons noted, “We got the language in [the bills] that we wanted, that will bring the work to us.”

“When we are involved in the legislative process from the start, we can ensure that the most qualified technicians — SMART members — are the people making sure our schools and buildings are up to par in terms of IAQ.”

The legislative journey started in February 2021, when Jeremy Zeedyk from NEMI met with Nimmons to talk about IAQ bills they hoped to pass. After forming a task force containing SMART, SMACNA, the Testing, Adjusting and Balancing Bureau (TABB), the UAW, various education and health commissioners, the state department of labor and more, Nimmons and several task force partners created a subcommittee, the Coalition for Healthy Air in Schools, which included contractors, teachers, school nurses and others. In weekly meetings, aided by labor lobbyists in Hartford and the state building trades, the worker-powered subcommittee hammered out the details of a bill that would meet the needs of all parties. “These are all the little coalitions that we had going along, and we used each one of them to pull [the bill together],” Nimmons said. “We didn’t get here overnight.”

In some ways, this legislation was years in the making: SMART members supported the candidacy of the retired teacher-turned-state senator who is now championing the bill. Additionally, it took working with a variety of parties — from the state commissioner of labor to the local vocational teachers union — to make sure every detail of the bill met high labor standards: using Connecticut OSHA requirements, providing adequate IAQ reporting procedures and whistleblower protections, and expanding the standards of existing schools to also apply to new construction.

The impact the bills will have on SMART members is tremendous: They will be the workers called upon to retrofit and construct facilities to meet improved IAQ standards. “This will dramatically change the work hours for my local,” Nimmons explained.

General President Joseph Sellers addresses the SMART South East District Council in Fort Lauderdale, Fla. in early May, outlining the IAQ work opportunities included in the recently passed infrastructure legislation.

The Connecticut IAQ bills are closely modeled on legislation currently in the pipeline in New Jersey — which, similarly to Connecticut, could never have found forward progress without the efforts of SMART, particularly Local 25 Business Manager Joe Demark and NEMI Director of Training Chris Ruch. Currently, Demark is working to push the bill through the New Jersey Assembly, following prior collaboration with former N.J. Senate President Steve Sweeney. And while the bill has yet to become law, Demark, Ruch and John Hamilton, chief operating officer of TABB, are striving to make sure the legislation includes strong language that will benefit SMART members. As Demark noted, lawmakers — even those with a blue-collar background — don’t always have the knowledge or experience to guarantee that HVAC and IAQ work goes to technicians with the right levels of expertise. It’s crucial that SMART sheet metal workers make their presence felt throughout the legislative process for the benefit of local unions – and the local communities whose lives will be impacted.

“Government officials and communities across North America are beginning to realize how important indoor air quality is for keeping our kids, families, friends and neighbors safe and healthy,” SMART General President Joseph Sellers explained. “When we are involved in the legislative process from the start, we can ensure that the most qualified technicians — SMART members — are the people making sure our schools and buildings are up to par in terms of IAQ.”

“This is going to mean a lot of work hours for our people,” Demark added.

SMART has been instrumental in working to pass IAQ legislation across the country. In Nevada, Assembly Bill 257 requires all public and charter schools in the state to assess and upgrade (if needed) their HVAC and filtration systems once federal money already allocated for this purpose becomes available at the state level. “With fire and life safety, and now with indoor air quality, members will have more opportunities to branch out into other aspects of being a sheet metal worker to increase hours and market share,” SMART Local 88’s (Las Vegas) business manager at the time, Jeff Proffitt, said in June 2021, when the bill passed. In California, meanwhile, AB 841 — signed into law in 2020 — will direct more than $600 million in energy efficiency funding to test, adjust and repair HVAC systems in public schools. The best part for SMART members: The legislation requires the work be performed by a TABB-certified technician to receive funding.

Whether in New Jersey, Connecticut, California, Nevada or beyond, IAQ legislation is emerging as a potentially bipartisan issue with robust benefits for local communities — and stellar work opportunities for SMART members. To begin lobbying for IAQ bills in your state, contact your local union leadership or director of government affairs.

A bill called the Transportation Funding Fairness Act (TFFA), introduced by first-term U.S. Rep. Tom Malinowski (D) of New Jersey, would give more latitude for states to use federal funds to help pay for projects, such as the Gateway Tunnel between New York and New Jersey.
“The TFFA will clear one of the obstacles the administration has placed in the path of building Gateway, and other similar projects around the country,” Malinowski said in a press release. “Funding for infrastructure is one issue on which I think the Congress can make progress this year, and this bill can be an important part of that effort.”
The bill (H.R.731), introduced Jan. 23, had seven co-sponsors as of Jan. 28 and the endorsement of SMART Transportation Division and the Amalgamated Transit Union.
“SMART Transportation Division supports The Transportation Funding Fairness Act,” New Jersey State Legislative Director Ron Sabol said in the release. “It’s about time we get funding fairness for our much needed infrastructure projects.”
Read the full release from Malinowski’s office.

CLEVELAND, Jan. 20—The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Rail Air and Transportation Workers (SMART TD) are urging their respective memberships to contact members of the House of Representatives about co-sponsoring The Safe Freight Act of 2017 (H.R. 233), a bill that would mandate two-person train crews on freight trains—one certified locomotive engineer and one certified conductor.
Introduced by Congressman Don Young (R-Alaska) Jan. 3, 2017, The Safe Freight Act states in part: “Effective 30 days after the date of enactment of the Safe Freight Act of 2017, no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163.”
The current two-person crew bill mirrors legislation that was introduced in the 114th Congress, which garnered 69 co-sponsors in the House of Representatives.
Now is the time to speak up and voice your support for two-person train crews! All active and retired members of the BLET and SMART TD, as well as their Auxiliary Representatives, should contact their House Representatives and ask them to Co-Sponsor H.R. 233, the Safe Freight Act of 2017.
SMART TD and BLET members: Please visit the SMART TD Legislative Action Center (LAC) where you can easily find and contact your representative and urge him or her to support H.R. 233. Click here to visit the LAC and let your voice be heard!
Members can also call the U.S. Capitol Switchboard at 202-224-3121, and ask to speak with the House of Representative member from your Congressional District. Contact information can also be found online at: http://www.house.gov/htbin/findrep.
Earlier this month, the BLET secured a significant victory for rail workers from the highest court in the United States to protect two-person train crews. On January 9, the United States Supreme Court denied a petition filed by the Wheeling and Lake Erie Railway asking that the nation’s highest court review and set aside the 2015 finding by the Sixth Circuit Court of Appeals that the railroad’s use of managers in place of union conductors was a major dispute under the Railway Labor Act.
The issue of two-person train crews has been in the national spotlight since the July 6, 2013, derailment of a Montreal, Maine & Atlantic (MM&A) oil train in Lac-Megantic, Quebec, which killed 47 people and destroyed the center of the town. The MM&A train was crewed by a single person. Since that time, there has also been movement by major freight railroads to seek collective bargaining agreements to allow for widespread use of one-person train operations. SMART TD and BLET have lobbied to protect two-person crews as being paramount to safety.
“The nationwide fight over operating crew size is far from over, and we are urging all BLET and SMART TD Brothers and Sisters to contact their member of Congress on this extremely important issue,” BLET National President Dennis R. Pierce said. “In spite of what the railroads might say, technology has not advanced to the point that it can replace the eyes and ears of railroad professionals. Please do your part as the job you save may be your own.”
“We will continue our tireless and years-long work of supporting a minimum of two crew members on all trains. An overwhelming majority of Americans from both political parties support this measure: the American people have spoken and are in favor of this bill. It is past time for our government to get on track, do the right thing and support H.R. 233. This measure is a matter of domestic safety and security for railroad workers, passengers, our cities, towns and our entire nation,” said SMART TD President John Previsich.
President Pierce and President Previsich both thanked Congressman Young for introducing the bill.
A full copy of H.R. 233 can be viewed at:
https://www.congress.gov/bill/115th-congress/house-bill/233/text?r=61
 
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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.
The SMART Transportation Division (SMART TD) is headquartered in the Cleveland suburb of North Olmsted, Ohio. It is a broad-based, transportation labor union representing more than 125,000 active and retired railroad, bus, mass transit and airline workers in the United States. It is a division of the International Association of Sheet Metal, Air, Rail and Transportation Workers based in Washington, D.C.

amtrak car; amtrakProgressive Railroading reported that a bill passed by the Senate last week includes provisions requiring Amtrak to spend its profits from Acela and Northeast Regional service on projects in the Northeast Corridor (NEC). Read the entire story here.

Wisconsin Rally; Wisconsin; Rally; protestYet another packet of right-to-work bills has made an appearance, this time in Pennsylvania. Pennsylvania legislators drafted House Bills 50, 51, 52 and 53 to become a “Right-to-Work” state.
Ten different unions marched in downtown Chambersburg, Pa., in protest of the bill over the weekend. If passed, the bills would allow non-union members the same benefits that dues-paying members receive, such as higher wages and benefits and union representation.
House Bill 50, sponsored by Rep. Daryl Metcalfe, seeks to end union membership or dues payment by non-members as a condition of employment.
House Bill 51, sponsored by Rep. Kathy Rapp,  seeks to prohibit unions from collecting dues from non-union public school employees.
House Bill 52, sponsored by Rep. Fred Keller, would prohibit unions from collecting dues from non-union state employees.
House Bill 53, sponsored by Rep. Jim Cox, seeks to prohibit unions from collecting dues from non-union local government employees. Rep. Stephen Bloom is also proposing House Bill 250, that would repeal a state law known as “maintenance of membership.” The bill would essentially allow dissatisfied union members to quit their union at any time, as opposed to a current 15-day window toward the end of contracts. Rep. Jerry Knowles also seeks to pass an umbrella bill that would prevent union membership from being a condition of employment in the private sector.
Metcalfe has introduced this union-busting legislation in every session over the past 14 years. This year is viewed as different, because Republicans control both the House and Senate of the Pennsylvania Legislature, as well as the governor’s seat.
Legislators in favor of the bill hope to introduce it to the House speaker soon.

Wisconsin Rally; Wisconsin; Rally; protestWhether we like it or not, union busting is a part of our world history. Unions have always fought against big business, government and those that would trample the everyday union worker.

The union busting that occurred last year in Wisconsin, Ohio, Arizona and other states continues today, with local and state governments trying to push through right-to-work (for less) legislation.

The death of the “Iron Lady” Margaret Thatcher makes us remember that union-busting is not just here in the United States, but is a world-wide issue. During her time in office from May 1979 to November 1990, Thatcher’s legacy of union busting was world renown. She was able to pass legislation to take away the rights of the union worker like none other was able to do before her.

Last year, Gov. Scott Walker tried to take a page out of Thatcher’s notebook when he tried to put through union-busting legislation in Wisconsin. Many were shocked when they heard about the legislation that Walker was trying to pass. Other states were quick to follow Walker’s example and tried to push through their own right-to-work and union-busting laws. This was our wake up call to come together in solidarity and fight like the unions fought in the days of Thatcher’s reign.

We must not allow ourselves to become complacent. For it is when we become complacent and stop keeping watch over our rights that we open ourselves up to our enemies’ strikes against us.

We must be diligent in our watch and stay informed about those who want to take away our rights as workers. One way to do this is to contribute to the UTU’s PAC fund. This fund enables us to stay alert and fight the legislation that would harm the middle-class worker and take away our hard-won rights.

Let Thatcher and Walker be reminders to us that we need to band together as unions in solidarity and continue to stay alert to fight against union-busting legislation.

 
 
 

WASHINGTON — Although 16 Republicans refused to be cowed by their conservative leadership, the House of Representatives last week succeeded in another attack on collective bargaining by voting to nullify a National Mediation Board ruling making representation elections for airline and railroad workers more democratic.

All Democrats in the House stood with the NMB and labor, and 16 Republicans crossed over to do the same; but it was not enough given the Republican majority.

The House action, nullifying the NMB ruling in favor of more democratic representation elections, is contained in a Federal Aviation Administration authorizing bill.

The 220-206 vote to nullify the NMB ruling through legislation is not the end. The anti-union provision does not appear in a companion bill previously passed by the Senate, which means a House-Senate conference committee will have an opportunity to remove the anti-union provision from the bill before it goes back to the two chambers for a final vote.

President Obama said he will veto the FAA authorization bill if the anti-labor provision appears in the final bill.

The provision in the bill, inserted at the request of airlines, is to overturn an NMB ruling last year that scrapped the undemocratic means by which airline and railroad representation votes, under the Railway Labor Act, are counted.

Prior to the NMB ruling, those not voting in representation elections were considered to have cast a “no” vote for representation. The NMB changed the rule to provide that a simple majority of those actually voting determine the outcome of representation elections.

Were Congress to succeed in overturning the new NMB representation election rule, the NMB procedure would be counter to all other elections.

Neither elections for Congress, the White House or even the PTA count as “no” votes those not voting. In fact, as documented by the Communications Workers of America, had the Republican-desired provision been in effect for 2010 congressional elections, not a single member of Congress would have been elected.

Rep. Steven LaTourette (R-Ohio) and Rep. Jerry Costello (D-Ill.) introduced an amendment to remove the anti-union provision from the FAA reauthorization bill, and it was that amendment that was defeated by the 220-206 vote. The FAA reauthorization bill then passed the House by a 223-196 vote.

In threatening a veto of the FAA reauthorization bill if the anti-union provision remains, President Obama said the provision “would undermine a fundamental principle of fairness in union representation elections — that outcomes should be determined by a majority of the valid ballots cast.”

Earlier, airlines were turned back by a federal court in an effort to invalidate the NMB ruling, with the court giving deference to the experts at the NMB.

Republican members of the House, who refused to cast an anti-labor vote and joined with House Democrats were:

Mario Diaz-Balart (Fla.)

Jo Ann Emerson (Mo.)

Chris Gibson (N.Y.)

Michael Grimm (N.Y.)

Timothy Johnson (Ill.)

Walter Jones (N.C.)

Peter King (N.Y.)

Steven LaTourette (Ohio)

Frank LoBiondo (N.J.)

Todd Platts (Pa.)

Dave Reichert (Wash.)

David Rivera (Fla.)

Ileana Ros-Lehtinen (Fla.)

Jon Runyan (N.J)

Christopher Smith (N.J.)

Don Young (Alaska)

James Stem

By James Stem
UTU National Legislative Director

January brings a new session of Congress and the start of state legislative sessions across the country. Our UTU legislative team in Washington and our state legislative directors will be on guard protecting the interests of our members.

Two old UTU friends are in charge of key transportation committees in the House and Senate. Rep. John Mica (R-Fla.) now chairs the House Transportation & Infrastructure Committee; and Sen. Jay Rockefeller (D-W. Va.) continues as chairman of the Senate Commerce Committee.

Among UTU legislative priorities:

  • Growing passenger and freight rail transportation, including Amtrak, public transit and commuter airline service. America has become too dependent on foreign oil and expanded railroad and public transit service can help reduce that dependency and provide not just jobs, but excellent careers.
  • Growing funding for transit. While demand is growing, many transit systems have buses and commuter rail cars stored because of a shortage of operating funds. We will work to secure more flexible funding so service can be maintained and expanded.
  • Work to prevent the weakening or privatization of Social Security and Railroad Retirement.
  • Work with our aviation partners for reauthorization of the Federal Aviation Administration to include new safety provisions.
  • Work to pass improvements to the Railroad Safety Improvement Act of 2008. Our members know the solution to fatigue: “Just tell me when I must report for work and I will show up rested.”

Among improvements sought will be: A 10-hour call for all unassigned road service; a provision to allow regular yard jobs only eight hours off-duty between shifts; require yardmaster assignments to be covered by hours-of-service provisions; require advance notice of interim release periods; and, a limitation on limbo time to a maximum of two hours for each tour of duty.

While the UTU has many friends on both sides of the aisle, we expect very few major policy issues to pass Congress the next two years given the divided government (Republicans in charge of the House; Democrats controlling the Senate).

While that may be disappointing, we also expect there to be less opportunity for bad things to happen.

That said, we will keep pressing on and do our very best to protect the interest of our members.

UTU Michigan State Legislative Director Jerry Gibson knows the value of the UTU PAC in electing labor friendly lawmakers. He knows how to share those facts, also.

UTU Local 1075 Secretary-Treasurer John Purcell says he and other members of his Trenton, Mich., local had “no clue of what the UTU PAC was. No one had ever explained how it worked” until Gibson showed up at a union local meeting.

Purcell credits Gibson with educating the local’s members “on how PAC funds are used and the benefits the PAC provides. I started contributing myself immediately and began to encourage others to do the same,” Purcell said in a recent e-mail he sent Gibson.

“The value of the UTU PAC was further driven home after my attendance at the regional meetings where I learned what was being done in Washington D.C., and the impact of our PAC funds there,” Purcell said.

More recently, Purcell said the UTU’s get-out-the vote drive for the Nov. 2 elections was a success. Post cards sent members through a project of the National Legislative Office “reached the members’ homes and several contacted me and asked questions,” Purcell said.

“I provided information which included that the UTU PAC is not a partisan program and that it supports candidates that support us regardless of party affiliation,” Purcell said. “I used the information provided, which listed successful legislation that has improved safety and benefits.

“All of this resulted in 12 members either increasing their UTU PAC donation or becoming new donors all together,” Purcell said.

Purcell said he now writes a check to the UTU PAC in the amount of $265 per month, and 44 percent of Local 1075’s members now donate. He said his goal is to gain PAC contributions from 75 percent of Local 1075’s members.