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An open letter from the office of SMART-TD President Jeremy Ferguson

Dear Brothers and Sisters,

Earlier today, I advised our Rail General Chairpersons involved in national bargaining that the cooling-off period after our release by the NMB will be ending Monday, July 18, at 12:01 a.m., and if a Presidential Emergency Board is not appointed by then, there will be the opportunity to engage in self-help. A copy of that letter can be found here.

According to the governing provisions of the SMART Constitution, a strike action over a national contract dispute must first be approved by a two-thirds vote of the affected General Chairpersons. This method, which has been carefully written and democratically required by our delegates, provides a quick and effective way to obtain strike authority from our members. As noted in my letter, our General Committees have so far shown unanimous support for exercising our right to legally strike, if and when the opportunity presents itself. This result does not come as a surprise, given the railroads’ abysmal treatment of our members over the last 2+ years, and their ongoing refusal to make any move toward a contract that is even remotely worthy of your consideration in a ratification vote.

As noted in my letter to our General Chairpersons, this approval does not automatically constitute authorization to engage in a strike. Final authorization will come in a separate notice from this office, and will be widely distributed using every communication tool available to us. The earliest this office could issue that notice could be on or after 12:01 a.m. on Monday, July 18, 2022. However, if President Biden establishes a Presidential Emergency Board (PEB) prior to this date, which is generally expected under these circumstances, no strike authorization can be issued during the PEB process.

With that being said, preparation for the possibility of a strike is well under way. We will soon be distributing materials to all affected SMART-TD Locals, which will include explicit detailed instructions. We will also be electronically distributing picketing materials so our members may choose which signs they want to display. This method of distribution provides the added benefit of avoiding any potential delays that might result from mass printing and mailing these materials from a central location.

Your national negotiating team is more determined than ever to obtain a contract that provides the fair compensation, meaningful improvements in quality of life, and better healthcare that we rightfully expect and deserve. To the carriers and their media pundits who are trying to cast us in a negative light: Your bogus rhetoric might resonate with the hedge fund managers, Wall Street investors, and billionaire cronies you cater to, but the hard-working people who earn you your all-time record-breaking profits aren’t buying it. Make no mistake, we are prepared and willing to exercise every legal option available under the Railway Labor Act to achieve our goals.

Fraternally,

Jeremy R. Ferguson
President, Transportation Division

The United Rail Unions issued the following statement on June 15, 2022:

Following the conclusion of our third week of compulsory mediation conducted by the National Mediation Board (NMB), the rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition pursuant to Section 5 First of the Railway Labor Act, received a proffer of arbitration from the NMB.

As previously stated, all of the carriers’ proposals to date serve as an insult to our collective membership. These essential employees carried the railroads to their record profits throughout the last several years. As much as the rail unions would have preferred to reach a voluntary settlement, this has become the only viable path to reaching a satisfactory conclusion. The chiefs of all 12 rail unions wish to thank the NMB members and the assigned mediators for their efforts in trying to bring us to a voluntary agreement, and for their recognition that such an agreement was not possible under the current circumstances.

With regard to the proffer of arbitration, the NMB urged the parties to enter into an agreement to resolve the dispute via binding arbitration in accordance with Section 8 of the Railway Labor Act. If either party rejects the NMB’s proffer, or fails to respond prior to the deadline of 5 p.m. (EDT) on June 16, 2022, the parties will enter a 30-day “cooling-off” period where the status quo is maintained. While each rail union has its own process for considering whether or not to accept the NMB’s proffer, it is anticipated that we will unanimously reject it in the coming days. 

At any point during the aforementioned 30-day cooling off period, President Biden may appoint a Presidential Emergency Board (PEB), which typically consists of three to five members. The PEB will conduct a hearing and issue a recommendation regarding settlement of the dispute. The issuance of the PEB recommendation starts another 30-day cooling-off period.

During this second cooling-off period, the parties may choose to accept or reject the PEB’s recommendation. If either party rejects the PEB’s recommendation, or if the cooling-off period expires and the dispute has not been resolved, either party may engage in self-help.

If this happens, it is expected that Congress will intervene and end self-help by passing legislation to resolve the dispute. To address this possibility, we have already mobilized our legislative departments to get the message to our elected representatives. In addition to these efforts, we are urging our members to begin reaching out to their U.S. senators and House representatives to voice their support for a labor-friendly PEB, and, if necessary, labor-friendly legislation to bring this round of bargaining to a successful conclusion. The time to make our collective voices heard is now!

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these Unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

The United Rail Unions issued the following statement June 9, 2022:

The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their third week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.

These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.

The rail unions remain united in their effort to negotiate a fair agreement and stand together in rejecting all proposals that the rail carriers have advanced in our mediation sessions. Our members are the backbone of the rail network and they have earned a contract that recognizes their contributions. None of the carrier proposals to date come close to that; instead the carriers continue to advance proposals that insult the very employees that made their record profits possible.

Enough is enough, the only pathway to resolving this dispute is for the NMB to put forth a proffer of arbitration to move the dispute to the final steps of the Railway Labor Act.

Additional information will be provided as developments warrant. We appreciate your continuing support.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employees Division and SMART Mechanical Unions are also bargaining as a coalition.

Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

This release is available in PDF form.

The United Rail Unions issued the following statement June 2, 2022:

The rail unions who are bargaining as part of the Coordinated Bargaining Coalition (CBC) and the Brotherhood of Maintenance of Way/SMART Mechanical Coalition concluded their second week of compulsory joint National Mediation Board-mediated negotiations with the National Carriers’ Conference Committee (NCCC) yesterday.

These joint mediated negotiations, under the direction of the NMB board members themselves, resulted from the unions’ request to be released from mediation after more than two years of bargaining with the major U.S. Class I railroads.

In spite of the unions’ best efforts to negotiate a fair agreement, the NCCC and the rail carriers that it represents still refuse to make a comprehensive settlement proposal that our members would even remotely entertain. In fact, the carriers continue to advance proposals that insult the hard-working union members who have carried our nation through the pandemic.

Although all of the involved unions would prefer to reach a voluntary agreement, it has become quite clear at this point that the rail carriers will not bargain in good faith to that end. For that reason, all of the involved rail unions are again requesting that the NMB put forth a proffer of arbitration to move our contract dispute through the remaining steps of the Railway Labor Act.

Additional information will be provided as developments warrant. We appreciate your continuing support.

View this release in PDF form.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).

The Brotherhood of Maintenance of Way Employes Division (BMWED) and SMART Mechanical Division (SMART-MD) are also bargaining as a coalition.

Collectively, these unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.

CLEVELAND, Ohio (May 20, 2022) — The Coordinated Bargaining Coalition (CBC) Rail Labor Unions* are preparing for in-person mediation sessions before the National Mediation Board (NMB) in Washington D.C., May 24-26. The Unions hope this will help to settle their ongoing national contract dispute.

After more than two years of bargaining, which can only be described as unproductive due to the carriers’ refusal to make or accept any worthwhile offers of settlement, negotiations entered the mediation process in January 2022.

“We are determined to keep this process moving as prescribed by the Railway Labor Act,” the CBC Chiefs said in a joint statement. “In recent weeks, the Surface Transportation Board has held hearings to investigate freight rail service meltdowns. Members of Congress from both sides of the aisle have expressed concern about a rail workforce that is understaffed and fatigued. To further raise the public’s concern about these issues, our members have held public protests at shareholders’ meetings. Just as they have failed in their responsibility to transport goods and materials for shippers in a timely manner, the railroads refuse to take the contract negotiating process seriously. Our members deserve better, and they have earned the right to a contract that has substantial wage increases and no concessions to their healthcare coverage.”

Supply-chain disruptions worsened by the so-called Precision Scheduled Railroading (PSR) operating scheme and the carriers’ massive cuts to the labor force have contributed to inflation, empty shelves and higher prices. While Class I railroads continue to reap record profits in the last few years, rail workers who have transported goods and provided services all through the coronavirus pandemic have not seen their wages increase since July 2019.

“If the railroads intend to settle this round of bargaining with a voluntary agreement, as they claim, they must promptly come to the table and meaningfully engage with all of Rail Labor,” the presidents said. “Proper closure of this round of bargaining will not only benefit our hardworking members and their families; it will benefit our entire Nation by helping to alleviate the unprecedented resignations and staffing shortages, which are contributing to rising costs and supply chain issues. The time has come for our Nation’s railroads to be held accountable for their actions, and reconcile the long-term effects of their greed.”

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*The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

While waiting for a response to our recent request to the National Mediation Board that a proffer of arbitration be issued by the Board to move our contract dispute to the next level, CBC unions participated in two additional days of mediated bargaining sessions with NCCC this week.

Once again, the nation’s class 1 rail carriers showed just how far removed they are from the realities that their employees and shippers are experiencing. Without regard for the beating that these rail carriers took in front of the Surface Transportation Board a week ago, and ignoring their continued record profit reports, the rail carriers continue to advance proposals at the bargaining table that they have previously been told are unacceptable to the CBC Unions and our members.

Due to the NCCC’s refusal to negotiate a fair agreement in good faith, all CBC Unions again request that the NMB proffer arbitration to the parties to stop the endless delays by the rail carriers.

As we advised in January and April, we had hoped that the involvement of the NMB would cause the industry to refocus on addressing the legitimate needs of the men and women whose labor generates their positive financial returns. That has not happened, and there is no indication that it will without allowing the remaining steps of the Railway Labor Act to play out to compel a favorable settlement.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD). Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.

Follow this link for a pdf of this release.

The negotiating team is scheduled to engage in mediation for the latest national railroad contract on the following days:

  • March 31, 2022
  • April 6, 2022
  • April 11, 2022
  • April 20, 2022
  • May 4, 2022
  • May 5, 2022

We were released from mediation by the NMB on June 15. A proffer of arbitration was made, which the unions rejected. A 30-day cooling-off period began on June 17. The next scheduled meeting with the NMB for July 12 was fruitless. President Biden has issued an executive order establishing a Presidential Emergency Board.

February 28, 2022 — By letter dated February 24, 2022, the rail bargaining coalition made up of the Brotherhood of Maintenance of Way Employes Division of the Teamsters Rail Conference and the Mechanical Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers Union petitioned the National Mediation Board (NMB) for a proffer of arbitration, requesting to be released from further mediation sessions. If granted by the NMB, the proffer of arbitration is the next step in the process towards self-help and a potential Presidential Emergency Board to settle their contract dispute with the nation’s rail carriers.

The Coordinated Bargaining Coalition (CBC) unions, which are likewise in negotiations with the same rail carriers, support the BMWED/SMART Mechanical request to be released from mediation and agree that the parties are at an impasse and should be allowed to move the contract dispute to the next steps of the Railway Labor Act’s negotiation process. Although the CBC Unions are also in mediation with their next NMB-mediated bargaining session scheduled in March, the CBC made it clear to the NMB upon entering mediation that there is little, if any, hope of reaching a voluntary agreement in light of the rail carriers’ refusal to bargain in good faith with any of the rail unions. Therefore, the CBC fully expects to be making the same request for a release, and once all rail unions are released from mediation, the CBC will stand alongside the BMWED/SMART Mechanical Coalition through the final steps of the Railway Labor Act negotiation process to bring the bargaining round to a successful conclusion.

A copy of BMWED/SMART Mechanical’s February 23, 2022, letter to the National Mediation Board can be found by clicking here.

The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.

Brothers and sisters:

As we enter this new year, it is important to reflect on where we have been, what challenges we have faced and what accomplishments we have made together. I am excited about our future and can say, with certainty, we are more prepared now than ever to face it head-on, with the best interests of our fellow brothers and sisters at the forefront.

While the last few years have had their share of trials, I am confident better days are ahead.

Amit Bose, President Joe Biden’s nominee to lead the Federal Railroad Administration, was confirmed Jan. 12 after a long wait. His ascension is one more step toward a common-sense regulation of freight rail crew size with safety, not profits, in mind. TD leadership looks ahead with great anticipation as we continue building the relationship we have established with him and the federal Department of Transportation.

I am also pleased to note that the Biden administration nominee for the vacant position on the National Mediation Board, Deidre Hamilton, was installed. This creates a 2-to-1 Democratic majority and a much more labor-friendly board than what we have had to deal with the last four years. This confirmation likely spurred NMB to work on the logjam of requested representation elections ignored by the previous administration. Our Organizing Department has six cases filed and reported that ballots are out on five. We are hopeful we’ll be able to welcome these properties into the SMART family soon.

I hear you loud and clear that better working conditions (removing bad attendance policies and getting better quality of life) are at the top of your list of things that need fixed as soon as possible.

Of course, NMB will play a key role as we, along with the other Coordinated Bargaining Coalition unions, announced in late January that national rail contract discussions had reached an impasse. They will select a mediator whom we hope will move negotiations past the past two years’ worth of insulting offers that the carriers have presented and into a truly constructive and realistic phase. Our members deserve nothing less after moving America’s freight during this pandemic. I hear you loud and clear that better working conditions (removing bad attendance policies and getting better quality of life) are at the top of your list of things that need fixed as soon as possible. That is why we challenged BNSF’s draconian and punitive Hi Viz attendance policy. We will stand up to mistreatment of our members, especially when carriers continue to crow about record profits.

The last couple of years have seen membership numbers drastically decline, but I am thrilled to announce we have a new local, 1706, opening up in the Kansas City area for approximately 200 new members working for Student Transportation of America. Vice President Calvin Studivant has been working closely with these new members and has completed their first fully ratified agreement. Congratulations to our new bus members, and welcome!

I have been fortunate to be invited and to attend a number of union meetings, Labor Day events and holiday cookouts recently. This allowed me the opportunity to openly talk with the membership and update them on the state of our UNION. I am looking forward to many more of these face-to-face meetings in 2022. I hear you loud and clear that better working conditions (removing bad attendance policies and getting better quality of life) are at the top of your list of things that need fixed as soon as possible.

It has been frustrating that we have not had our normal annual regional meetings the last two years, but I must say that I am proud of a number of our state legislative directors and general chairpersons who stepped up and took matters into their own hands. They organized “Regional Training Seminars” that consist of a variety of training and classes for local officers. I was honored to be asked to address the groups and spend time with those in attendance. SMART-TD provided a number of the facilitators and additional support and that, along with the hard work of the aforementioned SLDs and GCs, made all of them huge successes.

These have been so impactful that we are planning on additional seminars to be scheduled next year. If this is something you have an interest in attending, please let your SLD or GC know. I look forward to seeing more of you in the coming year at these meetings!

“Solidarity” is a word we throw around a lot, but it is always an adrenaline rush when you see it in action. I was excited to be invited and participate in a huge rally in Chicago in November to assist the Metra Passenger Rail Coalition. All Metra crafts were fighting for a good contract after being faced with what seemed to be never-ending mediation. VP Jamie Modesitt, Alternate National Legislative Director Jared Cassity and I didn’t need to be asked twice by GC Chip Waugh if we wanted in. The big blow-up rat and bullhorns blaring with the Chicago PD out to keep the crowd under control was exhilarating to say the least. We had local and state legislators and U.S. Reps. Chuy Garcia and Marie Newman show up to lend their support. It was yet another example of what organized labor can accomplish — together!

Your union also is continuing to get things done. We added many more features to the SMART app, making it more of a vital resource and advancing our technological presence. We’ve been able to adapt to a new way of leadership training with regional training seminars and coming soon our virtual educational efforts with SMART University. We are also developing a new website that will be more interactive, to name but a few.

There’s a lot going on and a lot more to come. I am excited and proud to be on this journey with you.

In closing, I ask that you do everything in your power to keep yourself and your fellow sisters and brothers safe on the job. Safety is a gift we give our families each and every day.

Please stay safe and God bless!

Jeremy R. Ferguson
President, Transportation Division


From the National Mediation Board:

Washington, D.C. – The National Mediation Board (NMB) is pleased to announce the arrival of new Board Member, Deirdre Hamilton. Ms. Hamilton was confirmed by the United States Senate on December 7, 2021. She was sworn in and assumed her position with the NMB on January 25, 2022.

Prior to becoming a Member, Ms. Hamilton worked as a staff attorney at the International Brotherhood of Teamsters (IBT), working exclusively with the IBT’s Airline Division. At the IBT she represented most of the crafts or classes within the airline industry — including pilots, flight attendants, technicians, and aircraft cleaners — at both commercial and cargo air carriers. Before that, Ms. Hamilton was a staff attorney at the Association of Flight Attendants. In her career, she has handled a wide range of legal matters including National Mediation Board elections and mediation, collective bargaining support, contract enforcement, and litigation of Railway Labor Act issues. Ms. Hamilton began her career as a legal fellow in the General Counsel’s office at the International Association of Machinists and Aerospace Workers.

Ms. Hamilton has been an active member of the Railway Labor Act legal community. She has served as a panelist at meetings of the American Bar Association’s Labor and Employment Law Committee and the Railway and Airline Labor Law Committee. She has also served as a Senior Editor for the ABA Railway Labor Act Treatise.

Ms. Hamilton is a graduate of Oberlin College and the University of Michigan Law School.

The National Mediation Board (NMB) is an independent agency created by the Railway Labor Act, which governs labor management relations in the railroad and airline industries. To avoid serious disruptions to the Nation’s economy and protect the public interest, the Act imposes on carriers and their employees the duty of settling disputes through negotiation, mediation, and arbitration. The NMB, headed by three Presidential appointees, has as its chief statutory responsibilities: (1) mediation of collective bargaining disputes; (2) determination of employee representation for collective bargaining processes; and (3) administration of a grievance arbitration system.