WASHINGTON, D.C. – SMART Transportation Division President Jeremy R. Ferguson and National Legislative Director Gregory Hynes met with U.S. Rep. and Transportation and Infrastructure Chairman Peter DeFazio (D-Ore.) earlier this week, alerting him to carriers’ inadequate efforts to protect essential transportation workers during the coronavirus pandemic.

DeFazio
President Ferguson told the chairman about field reports from SMART-TD members that some bus, transit carriers and freight railroads are failing to provide adequate personal protective equipment (PPE) as well as CDC-approved cleaning supplies and cleaning protocols to prevent the spread of COVID-19.
Federal agencies also have not taken substantial regulatory action to protect our members who are deemed essential workers through this national emergency, they told DeFazio.
Ferguson made particular note to the chairman about the freight rail industry, where the Federal Railroad Administration (FRA) activated an emergency docket pushed by Class I carriers and the American Short Line and Regional Railroad Association (ASLRRA) that cuts corners on inspections and safety measures in reaction to the pandemic.
Ferguson informed DeFazio that these measures are intended to be enacted in the event there is a workforce shortage caused directly by COVID-19. However, worker furloughs are “at the highest level ever,” and none of those emergency provisions should take effect until all furloughed workers are activated, our leadership said.
Chairman DeFazio was “attentive to our requests and is acutely aware of transportation workers’ needs” through the pandemic, NLD Hynes said.
“He’s fully aware of the shortcomings of the carriers’ and federal agencies’, especially FRA’s and FTA’s failed response to our COVID-19 requests for action through our Emergency Order petition,” Hynes said.

A bipartisan group of 14 members of Congress — seven Democrats and seven Republicans — pledged support to SMART Transportation Division’s petitions to the administrators of the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) seeking protection for railroad and transit workers during the COVID-19 pandemic.
“Our transit and rail workers are essential to the health, safety, security and transport of people within and between our communities along with the transport of critical goods and freight across the country,” the legislators wrote. “It is important that steps are taken to mitigate against the spread of the virus within the workforce, minimize exposure while workers are performing their duties, and ensure sufficient staffing.”
U.S. Reps Greg Stanton, a Democrat from Arizona, and Brian Fitzpatrick, a Republican from Pennsylvania, were the lead signatories.
“As you work to identify additional measures to protect these essential transportation workers, we ask that you consider and give full and fair consideration to the recommendations SMART-TD outlined in its petitions for worker protections and sanitation standards to protect against the virus,” the representatives wrote.
The members of Congress who signed the letter also included U.S. Reps Tom Malinowski (D-N.J.); David B. McKinley (R-W.Va.); Grace F. Napolitano (D-Calif.); Christopher H. Smith (R-N.J.); Sharice L. Davids (D-Kan.); Rodney Davis (R.-Ill.); Jesus G. “Chuy” Garcia (D-Ill.); Fred Upton (R-Mich.); John Garamendi (D-Calif.); Mike Bost (R-Ill.); Adriano Espaillat (D-N.Y.); and Don Bacon (R-Neb.).
On March 20, SMART-TD President Jeremy Ferguson called on FRA Administrator Ron Batory and FTA Acting Administrator K. Jane Williams to make the carriers regulated by their agency implement sanitation and preventive measures in accordance with Centers for Disease Control and Prevention (CDC) guidelines.
Neither agency has responded to the joint request by SMART-TD and the Brotherhood of Locomotive Engineers and Trainmen (BLET) to FRA or SMART-TD’s request to FTA. FRA did grant safety waivers to Class I carriers on March 25.
“These members of Congress recognize that SMART-TD members and others in transportation labor continue to fill an essential role as the United States copes with the coronavirus pandemic,” SMART-TD National Legislative Director Gregory Hynes said. “Their continued support is appreciated where others seem not to be interested in protecting these essential workers.”
Read the letter here. (PDF)

SMART-TD National Legislative Director Greg Hynes

In an interview to appear in the April edition of Trains Magazine, SMART-TD National Legislative Director Greg Hynes was interviewed about key issues and industry trends including Precision Scheduled Railroading (PSR), two-person crews, autonomous trains and the effect presidential elections have on the railroad industry.

In the interview, Hynes spoke about how PSR is a threat to jobs, the industry and the public because fewer safety inspections are being performed with fewer people and that there is a blatant disregard by Class I management toward fatigued and ill individuals who aren’t being allowed time off.

When asked if autonomous train technology could come to the U.S., Hynes responded:

“Where they have the autonomous trains out in Australia is on a route that doesn’t have any grade crossings, there are no people nearby, and it’s basically out in the middle of nowhere. But if you try to do that in the United States, where you have thousands and thousands of grade crossings, it will be a really bad thing. The people on a train are the first responders in every crossing incident. You won’t have that with an autonomous train.”

Trains closed the interview asking how the 2020 presidential election will impact railroads and unions. Hynes noted that whoever is in the White House determines who runs the FRA.

“If we see a continuation of what we have right now, it will not be good for rail safety or labor. This current administration has not been friendly to labor at all. Rail safety is not their primary function anymore, as we saw in their decision to not implement a national crew-size rule. How is that in the best interest of safety? It’s all about protecting the railroads’ bottom line, but that’s not the FRA’s job.”

To read the full interview, check out the April print issue of Trains Magazine.

If approved as-is, a federal budget proposal for the 2021 fiscal year released Monday, Feb. 10, by President Donald Trump would reduce funding for Amtrak, the Federal Railroad Administration (FRA) and underfund the Railroad Retirement Board (RRB).
Amtrak, the national passenger rail carrier, would see a 50 percent reduction in funding from the 2020 budget, with long-distance routes again in jeopardy of losing federal funding.
“Despite Amtrak’s success and the critical service it offers to so many, President Trump’s budget would slash funding for Amtrak by more than half,” the AFL-CIO Transportation Trades Department (TTD), of which SMART-TD is a member, said on Twitter. “These proposed cuts would apply to the Northeast Corridor, the busiest rail corridor in the country, and Amtrak’s broader national network, which serves low population areas.”
The low-population areas would include Kansas, Montana, Wyoming, and Arizona and, according to the administration, “would be better served by other modes of transportation like — wait for it — intercity buses,” TTD tweeted.
Amtrak has been a frequent target of the administration, with Trump seeking to cut funding for the national rail carrier every year he has been in office. The future of long-distance routes such as the Southwest Chief was jeopardized in 2018, and it took an outcry by legislators in both houses of Congress to preserve the routes through the 2019 fiscal year while the FAST Act, which expires this autumn, preserved it in fiscal year 2020.
The FRA, which has received about $3 billion in the past two Trump-era budgets, is targeted for nearly $1 billion in reductions.
In contrast, funding for the Federal Transit Administration (FTA) would increase by $300 million to $13.2 billion.
Finally, the Railroad Retirement Board (RRB) would be underfunded if Trump’s proposed budget goes through, board sources say.
The RRB requests $141,974,000 for administrative costs and $13,850,000 to help fund its IT upgrade efforts for a total of $155,824,000. The request will support 880 full-time equivalent (FTE) staff.
However, the president’s budget requests $114,500,000 for administrative and $5,725,000 for IT for a total of $120,225,000. The President’s budget would only support 672 FTE, which is 208 less than the agency’s request level and 119 less than the current level of 791 FTE.
The agency’s budget through the Trump administration’s term has remained flat at $113.5 million annually with an additional $10 million provided each year to help RRB’s efforts to modernize its IT infrastructure. Trump proposes to allocate $120.225 million to the agency in the next fiscal year.
“RRB needs a minimum of 880 full-time equivalent (FTE) staff to sustain mission critical operations. Stagnant administrative budgets coupled with cost-of-living salary increases for Federal employees have resulted in severe understaffing,” a message from RRB’s Office of the Labor Member said. “The impact of this understaffing is being felt in the agency’s customer service and its ability to accomplish mission critical goals.”
It stands to note that presidential budget proposals typically serve as a starting point for Congress as its members begin the task of setting the fiscal course for the country in an election year and rarely, if ever, are approved without alterations.
“The good news about the president’s budget would be that it will most assuredly be dead on arrival in the U.S. House,” SMART Transportation Division National Legislative Director Gregory Hynes said.
However, the proposed budget does serve as an indicator of where the administration’s budgetary priorities are.

Legislative Representative Jordan Boone of Local 445 (Niota, Ill.) reports that National Legislative Director Greg Hynes will be speaking Sunday at a rally in support of the Safe Freight Act (H.R. 1748/S.1979) national two-person crew legislation.
The rally is scheduled to begin at 10:30 a.m. local time at the Keokuk Labor Temple at 301 Blondeau St. in Keokuk, IA 52636. Members from the region are invited to attend to show their support for the legislation.
Representatives of the Brotherhood of Locomotive Engineers and Trainmen also are expected to be in attendance to speak as are politicians including Democratic presidential candidate U.S. Sen. Bernie Sanders, Iowa. Rep. Jeff Kurtz and Iowa House candidate Emiliano Vera.
Sanders is expected to publicly endorse S.1979 during an event at the Keokuk school complex, 2001 Orleans Ave., Keokuk, 52636, to take place at 12:30 p.m. local time.
H.R. 1748 currently has 133 co-sponsors while the Senate version of the bill has 15.