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The Legislature in Nebraska’s capital of Lincoln is not known to be a hotbed of activity for rail labor lobbying success stories, but SMART Transportation Division’s newest State Legislative Director (SLD) Andy Foust is actively making moves to change that. In his first week on the job, Brother Foust introduced two strong pieces of legislation that have gained bipartisan support. 

Nebraska State Legislative Director Andy Foust

The Legislature has initial hearings scheduled in March for SMART-TD’s two-person crew bill as well as a blocked crossings bill. Brother Foust’s 2PC bill, LB 31, was put forward by state Sen. Mike Jacobson, (District 42) sponsoring. The bill also has picked up traction in Nebraska’s unicameral Legislature by adding an impressive list of seven bipartisan co-sponsors, including Sens. Jane Raybould (District 28); Danielle Conrad (District 46); Tom Brewer (District 43); Lynne Walz (District 15); Myron Dorn (District 30); George Dungan (District 26) and Sen. Robert Dover (District 19). 

LB 31 was referred to Nebraska’s Transportation and Telecommunications Committee and is slated to have its first hearing before the committee March 6.

At its core, LB 31 is a bill regulating two-person train crews on all freight trains that travel within the borders of Nebraska. However, it also includes language that aims to levy fines against rail carriers for violations of the two-person crew. The fines start off as low as $250 for the first infraction (which is already around the same rate as paying a basic day to a second employee) and quickly goes up to be as high as $10,000 on a third offense and stays at that rate for additional offenses going forward. 

Foust and Sen. Jacobson have included the series of fines to ensure that there is no financial incentive for carriers to bypass the law, if approved by legislators. With $10,000 on the line for every train they improperly crew, carriers will not be able to chalk violations up as the cost of doing business and continue their pursuit of using single-employee engine crews augmented by roving (expeditor) conductors in company vehicles. As the UP and Norfolk Southern have both publicly spoken of plan to start experimenting with this new vision of rail crews in the near future, Brother Foust’s bill is well timed to stomp it out and defend the craft of on-board freight conducting. 

The blocked crossings bill, LB 234, sponsored by Sen. Walz also has been referred to the Transportation and Telecommunications Committee and is scheduled for a first reading, also on March 6. In LB 234, Foust and Walz have established a requirement for the railroad companies to report to the Nebraska State Highway Patrol and state Public Service Commission annually. Their report will need to include the number of public complaints each carrier received about blocked crossings. The report will also go into the specifics surrounding each complaint. They will have to report data on each complaint they receive to include information such as the dates, locations of the blocked crossing, the duration of time that each crossing was blocked, and the action taken by the railroad company to resolve the complaint. 

Making records of the complaints may be tedious enough for the railroads to handle, but the last requirement is going to prove to be the part the companies like the least. This bill is looking to force the carriers to put into public record what efforts they make to listen to the people of Nebraska, be accommodating corporate neighbors and to respond to residents’ needs and concerns. 

It is our hope that with this bill’s passage that carriers such as UP, BNSF, KCS and others there then engage in some much-needed self-reflection. It will be very telling about their corporate outlook on the role of being a considerate community partner when they attempt to massage language to talk about how the Precision Scheduled Railroading business model of ever-longer trains is compatible with access to emergency services and the free flow of vehicle traffic in the state’s rural and urban areas alike.

SMART-TD applauds the collective efforts of SLD Foust and the Nebraska state senators for doing the people’s work. You are all taking the path less traveled to defend our members and citizens of your state and are doing a wonderful job at pulling on the threads of PSR itself. With momentum around the country in state legislatures, we have every intention of helping you succeed in unraveling it!

Please help SLD Foust, and all of SMART-TD’s legislative team to achieve this overarching goal. It is the challenge that defines our time in the rail industry.

For information on how to contact your state legislators to support these and other bills being considered in Nebraska and beyond, please follow this link to the SMART-TD’s Legislative Action Center.

In the June 2021 Talking SMART episode, we dug into freight rail safety issues that affect both railroad workers and the safety of communities around the country. Our featured guests were SMART Transportation Division Kansas State Legislative Director Ty Dragoo and former Transportation Division Nebraska State Legislative Director Bob Borgeson.

SMART Kansas SLD and freight rail safety expert Ty Dragoo
Ty Dragoo

Brother Dragoo followed his father into the railroad industry and hired on as a conductor for Union Pacific in 2005. He has served as a legislative representative of Local 1503 in Marysville, Kansas, been the state’s legislative director since 2010 and helped lead efforts to create a transportation safety task force in his state. Ty spoke with us about his work in Kansas, including two-person crew legislation and the downsides of so-called precision scheduled railroad.

Bob Borgeson

Brother Borgeson represented SMART in a state – Nebraska – with a high concentration of Transportation Division members, where he worked to bring greater public attention to the important work our members do. Bob spoke with us about the negative impacts of long trains, efforts to move two-person crew legislation in Nebraska, and the innovative media and outreach tools SMART has used recently to bring attention to key rail safety issues in his state.

In addition, listen for the open mic segment with SMART General President Joseph Sellers at the end of this episode. He responded to multiple questions that have come in from SMART members asking about what steps the Biden-Harris administration has taken to address the multiemployer pension crisis.

Return to Talking SMART index page.

Talking SMART is a member of the Labor Radio Podcast Network — working people’s voices, broadcasting worldwide 24 hours a day.

SMART TD Nebraska State Legislative Director Bob Borgeson invites all SMART members in his state to come out to Lincoln to participate in a Veterans Day parade at 2 p.m. this Saturday, Nov. 9.
“I hope for a good turnout,” he said.
A large portion of both the TD and Sheet Metal membership are veterans, and our union’s participation in these events help show an appreciation for U.S. armed forces veterans’ service to our country and the freedoms we in the United States enjoy.
TD Local 305 in Lincoln is the host Local for the event and has contributed toward defraying transportation costs for the event. Borgeson said other contributions to help offset those costs would be greatly appreciated and can be mailed to the Nebraska State Legislative Board’s office, 3333 S. 24th St, Omaha, NE 68108.
Checks should be made payable to the Nebraska State Legislative Board: NSLB LO030.
For additional information, contact Borgeson at (402) 679-0872 or SMARTDIRECTOR@cox.net.

A workers summit for union members from all over Nebraska is scheduled to take place on Monday, May 6 in North Platte, Nebraska.
Jim “Doc” Moore, a retired associate professor of labor history at Cornell University’s School for Industrial and Labor Relations, will moderate the meetings at 1 and 5 p.m. at the Ramada Inn and Suites, 2102 S. Jeffers St., North Platte, NE 69101.
Among scheduled presenters at the summit, which is open to all union members and their spouses, are Sue Martin, president of the Nebraska AFL-CIO; John Kretzschmar, director of the William Brennan Institute for Labor Studies at the University of Nebraska at Omaha; and SMART TD Nebraska State Legislative Director Bob Borgeson.
The summit is again being organized by Terry Sigler, a retired legislative representative of SMART TD Local 286 in North Platte who remains active in union matters, especially when it comes to safety. Among topics discussed at the successful inaugural meeting in April 2018 were the state’s two-person crew bills and OSHA funding.
“The purpose of the Workers Summit is to unite all the unions to better inform the membership of the issues that are important for their safety and welfare,” Sigler said.

The success of an initial workers summit held in the spring is leading to a second meeting to be held Aug. 3, reports Terry Sigler, a retired legislative representative of SMART TD Local 286 in North Platte, Neb.
Sigler said an April 6 meeting he organized drew about 100 members from various unions to during two sessions at the North Platte Quality Inn and Suites, 2102 S Jeffers St.
The second summit is scheduled for 1 p.m. Aug. 3 at the same location. Members from all unions are invited.
Confirmed to attend is state Sen. Mike Groene (R – Dist. 41). Invitations also have been extended to state Sens. Tom Brewer (Dist. – 43) and Steve Erdman (Dist. – 47) and U.S. Rep. Adrian Smith. Groene and Brewer were sponsors of a two-person-crew bill in the Nebraska Legislature.
“This will be a great opportunity to talk directly with them as we prepare to submit another two-person-crew bill with these senators’ help,” Sigler said.

Union members from all over Nebraska are invited to attend a Workers Summit on Friday, April 6 in North Platte, Neb.
Jim “Doc” Moore, a retired associate professor of labor history at Cornell University’s School for Industrial and Labor Relations, will moderate the meetings at 1 and 5 p.m. at the Quality Inn and Suites, 2102 S. Jeffers St., North Platte, NE 69101.
“The purpose of the labor summit is to unite all the unions and to better inform our members of the issues that are important for our safety and welfare,” said summit organizer Terry Sigler, a retired legislative representative of SMART Transportation Division Local 286 in North Platte.
Topics of discussion will include S. 1451 – the Railroad Advancement of Innovation and Leadership with Safety Act; S. 2360 and HR 233 – the Senate and House versions of the Safe Freight Act and cuts to the Occupational Safety and Health Administration’s budget.
Strategies about how to mobilize to have union workers’ voices heard will be discussed, and questions from attendees are welcome during the discussion.
SMART TD Nebraska State Legislative Director Bob Borgeson and Dean Mitchell, SMART TD political consultant of DFM Research in Minnesota, will be among the presenters.

two-person_crewLINCOLN, Neb. – A union that represents railroaders says its recent survey of Nebraskans shows that more than 80 percent support requiring two-person crews on freight trains.

“Because of the potential catastrophic tragedy that would result from a train accident of any nature, having two sets of eyes is a minimum safety requirement,” said Bob Borgeson, the state legislative director of the Sheet Metal, Air, Rail and Transportation (SMART) Union, which commissioned the poll.

Read the complete story at the Omaha World-Herald.

Legislation requiring two-person railroad crews in the states of Nebraska and Wyoming have been introduced in the respective state legislatures.
Nebraska State Legislative Director Bob Borgeson reports that state Legislative Bill 192, legislation requiring freight train crews in the state to consist of at least two persons, has been introduced in the Nebraska Legislature by seven state senators.
The bill introduces fines of $100 for the first offense, $250 for the second offense within three years, and $500 for all subsequent offenses committed by a rail management within a three-year period.
“No train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least two individuals. For purposes of this section, train or light engine used in connection with the movement of freight does not include hostler service or utility employees,” a portion of the bill reads.
The senators co-sponsoring the bill were Al Davis (Dist. 43), Mike Groene (Dist. 42), Ken Haar (Dist. 21), Sara Howard (Dist. 9), Rick Kolowski (Dist. 31), John Kuehn (Dist. 38) and John Stinner (Dist. 48).
Wyoming State Legislative Director Stan Blake reports that Senate File S.F. 0076, an act requiring freight trains in the state to be operated by a crew of not less than two persons, has been introduced in the Wyoming Legislature by three state senators and a state representative.
The act states “no railroad train or light engine used in connection with the movement of freight shall be operated in this state unless the train has a crew of at least two (2) individuals. As used in this section, ‘train or light engine’ does not include hostler service or utility employees.”
If passed, the legislation would take effect July 1, 2015.
It was sponsored by State Sens. Fred Emerich, Wayne Johnson and Chris Rothfuss and State Rep. Dan Zwonitzer.
 

two-person_crewLegislation requiring two-person railroad crews in the states of Nebraska and Wyoming have been introduced in the respective state legislatures.

Nebraska State Legislative Director Bob Borgeson reports that state Legislative Bill 192, legislation requiring freight train crews in the state to consist of at least two persons, has been introduced in the Nebraska Legislature by seven state senators.

The bill introduces fines of $100 for the first offense, $250 for the second offense within three years, and $500 for all subsequent offenses committed by a rail management within a three-year period.

“No train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least two individuals. For purposes of this section, train or light engine used in connection with the movement of freight does not include hostler service or utility employees,” a portion of the bill reads.

The senators co-sponsoring the bill were Al Davis (Dist. 43), Mike Groene (Dist. 42), Ken Haar (Dist. 21), Sara Howard (Dist. 9), Rick Kolowski (Dist. 31), John Kuehn (Dist. 38) and John Stinner (Dist. 48).

Wyoming State Legislative Director Stan Blake reports that Senate File S.F. 0076, an act requiring freight trains in the state to be operated by a crew of not less than two persons, has been introduced in the Wyoming Legislature by three state senators and a state representative.

The act states “no railroad train or light engine used in connection with the movement of freight shall be operated in this state unless the train has a crew of at least two (2) individuals. As used in this section, ‘train or light engine’ does not include hostler service or utility employees.”

If passed, the legislation would take effect July 1, 2015.

It was sponsored by State Sens. Fred Emerich, Wayne Johnson and Chris Rothfuss and State Rep. Dan Zwonitzer.

nebraska-mdAt a time when rail safety is making national headlines, the dangers of train travel and campaign cash are on a collision course in Lincoln.

Some state lawmakers are backing a plan to force the state’s two major railroads, Union Pacific and Burlington Northern Santa Fe, to run trains with no fewer than two crew members.

Read the complete story at Watchdog.org.