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Business executives, especially those who reach the top rung becoming president and CEO of Fortune 500 corporate railroads, do not get told what to do all that often.

That is exactly what happened today when the Secretary of the Department of Transportation, Pete Buttigieg and Acting Secretary of the Department of Labor Julie Su dropped a couple of letters on the desks of CN CEO Tracy Robinson and CPKC CEO Keith Creel!

Most railroaders are familiar with that unique pit in your stomach you get when you see that you have registered mail you need to sign for. At the CN and CPKC railroads, the top execs got to experience that special feeling today. The Biden-Harris administration called them out for not giving rail workers the paid sick days they were told to!

The letters, which you can read below, pointed out that Buttigieg, Su, and, by extension, the president, are angry that our men and women have not been given the dignity of having the same paid sick leave protections as 80% of the workers in our country.

DOT-DOL-Letter-to-Mr.-Keith-Creel-RR-Paid-Sick-Time-9.25.24Download
DOT-DOL-Letter-to-Ms.-Tracy-Robinson-RR-Paid-Sick-Time-9.25.24Download

Su and Buttigieg discussed the fact that the other four U.S.-based Class I railroads have all begun working with rail labor to provide this sick time. Some of them have paid sick leave in place for every organized craft in their companies. They also looked to cut off the line of excuses they anticipated hearing from the railroads.

“As illness is not bound by any season, including national bargaining cycles, we encourage you to engage in these discussions today. This does not have to wait for national negotiations; your railroad should come to terms immediately with your labor unions.”

The secretaries pointed out that the lack of sick days was not only inconsistent with the rest of our industry and working population but also is not in the best interest of rail safety overall, saying, “ In an industry where workers’ constant attention is required to keep themselves and others safe, not providing workers sick days presents unnecessary risk that your company can fix.”

If the letter hadn’t already succeeded in getting the rail executives’ attention, it probably accomplished that goal by ending with, “As our administration has noted, we are not satisfied with the current trajectory of railroad safety in America and see no reason for the delay in making the rail industry safer.” 

The final shot over the bow that let Creel and Robinson know that Buttigieg and Su meant business is that under their signature line, the hits kept coming. That is where SMART-TD President Jeremy Ferguson, along with the presidents of other rail labor organizations were cc’d. So not only did they know they were in the crosshairs of the U.S. president, but that his administration let the biggest rail union in the country and our brothers and sisters across rail labor in on their communication.

On behalf of our CN and CPKC members, SMART-TD would like to thank Secretary Buttigieg and Acting Secretary Su for their continued support and that of President Biden.

We can’t agree any more with the contents of your letter and appreciate your willingness to press for fair treatment of rail professionals and our safety.

As a result of last year’s national rail negotiations, some TD freight rail members have gained — for the first time — paid sick leave benefits for train and engine workers for U.S.-based carriers on the East Coast.

In late April, GO-049 Mid-Atlantic District members ratified the first agreement for freight rail operating employees to receive paid sick days.

The agreement with CSX set a historic precedent, providing for five paid sick days, adding an option to convert personal days to sick days and cashing out sick time at the end of the year.

The lack of paid sick time within the railroad industry was highlighted in the media in 2022, when workers rejected a tentative national agreement that covered most railroad carriers and labor organizations, almost leading to a shutdown of the nation’s vital supply chain.

The operating crafts (which include engineers, conductors and trainmen) have what is perceived as the most demanding of working conditions of the railroad crafts due to the travel requirements, extreme weather conditions and the on-call nature of their positions. This agreement establishes a benefit in the railroad industry that many American workers already enjoy.

In addition to paid sick time, the agreement, which covers approximately 2,400 conductors and trainmen on CSX Northern line, also adopts the current attendance policy put in place by CSX into the collective bargaining agreement. Railroads in the past have been reluctant to negotiate attendance; this is another first for the operating workforce, as it subjects the former policy (now agreement) to negotiations if any changes are desired by either the carrier or the employees in the future.

“It’s refreshing and impressive to see the overwhelming support of the membership on this tentative agreement. It is also encouraging that SMART-TD and CSX leadership were able to sit down at the table and reach a consensus on items as important as these. I am hopeful this momentum will carry forward in future negotiations and help us collectively improve the working conditions and overall morale at CSX,” General Chairperson Richard Lee said.

Two other CSX committees, GOs 513 and 851, also reached similar tentative agreements in late May.

All Norfolk Southern operating general committees have ratified an agreement and completed negotiations with the carrier gaining five paid sick days, additional financial compensation and addressing scheduling and quality-of-life concerns. Yardmasters also reached an agreement that provides paid sick time.

UP GO reaches crew-consist agreement

Out west, GO-953 ratified a crew-consist agreement, preserving the in-cab role of the conductor until national negotiations reopen. The ratified agreement provides for a substantial signing bonus, work protections and no rules changes regarding road/yard switching.

General Chairperson Luke Edington of Local 286 (North Platte, Neb.) negotiated the successful agreement with assistance from Vice General Chairperson Zach Nagy and Vice President Brent Leonard.

GO-953 has members in 48 TD locals and represents workers in Union Pacific’s Eastern, Pacific Northwest and Idaho territories (former Chicago-Northwestern Railway Co.), Kyle, Nebraska Central and Portland Terminal railroads and the Wichita Terminal Association.

Property-specific negotiations continue with BNSF and remaining segments of CSX and UP, while talks with Norfolk Southern have concluded. The SMART website will continue to be updated with the latest information about continued negotiations and the substantial gains these agreements bring to our members’ quality of life.

CSX facts

  • Five paid sick days with option to convert two personal days
  • Unused sick days converted to cash
  • Incorporates more lenient carrier attendance policy
  • Covers ~2,400 members

UP facts

  • A $27,500 signing bonus upon the contract’s ratification
  • Continues to require the conductor’s position as being based in the cab of the locomotive
  • 30 years of protections for brakemen/switchmen, with assignments abolished

NS facts

  • T&E workers get five paid sick days with the option to convert up to two personal leave days to on-demand sick days
  • Unused personal leave days can now be carried over and accumulated indefinitely, with no limitations
  • Yardmasters get four paid sick days with the option to convert up to three personal leave days

INDEPENDENCE, Ohio — The International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) is proud to announce a Tentative Agreement (TA) has been reached with the Union Pacific Railroad that, among other things, provides paid sick leave to about 6,000 of UP’s conductors and trainmen. SMART-TD President Jeremy Ferguson is calling this TA a win for the quality of life for thousands of railroaders on the frontline of America’s economy today and for generations to come.

The Union Pacific general chairpersons met in the SMART-TD board room during their negotiation sessions. On the left side of table are General Chairperson Scott Chelette (GO-927), General Chairperson Joey Cornelius (GO-569) and General Chairperson Gary Crest (GO-887). On the right side are General Chairperson Roy Davis (GO-577), and General Chairperson Luke Edington (GO-953). 

“Our members made it very clear in 2022 that quality-of-life issues and the ability to provide stability for their families in times of medical crisis was of the utmost importance. On-demand sick days that do not amount to discipline from their employer are a historic step in the right direction for these men and women, and I am very proud of the effort that our General Chairmen on the UP properties put in to make this happen,” Ferguson said.

“In this industry, everything is earned, and nothing is given. These five GCs worked tirelessly to get this TA done for our SMART-TD rail members. This organization listens to our members and their voices guide our mission 100% of the time. Today is a great example of us being able to impose our conductors and trainmen’s will on the carriers to bring them a better quality of life and peace of mind for their families.”

“Union Pacific has been running freight trains in this country since Lincoln signed the Pacific Railway Act in 1862. Today for the first time they have agreed to provide their frontline employees with the dignity of paid sick leave. It’s a proud day for our men and women.”

SMART-TD President Jeremy R. Ferguson

UP, which is the largest freight railroad in the U.S., has 45,400 employees. The TA announced will affect upwards of 5,900 conductors and trainmen.

For his part in the TA negotiation, General Chairman Roy Davis of GO-557 said: “It took a lot of hard work to get here, but in the end, it all came together. All five of the UP General Chairs stuck together in these negotiations and it paid off with this great TA.” Brother Davis also added that “It only took UP about 160 years to figure out that people get sick and that it doesn’t make sense to fire them for it!”

Brother Scott Chelette, GC of GA-927, wanted it to be highlighted that: “The three medical occurrences we negotiated for in December’s contract didn’t help our members in assigned service. With this TA, we were able to convert them into on-demand sick days available to assigned and unassigned boards alike. Now our yardmen and all our road crews can benefit from these days without UP being able to deny the requests.” Chelette also wanted it known that this win wasn’t just accomplished by himself and the other four GCs.

“This truly was a team effort. Not only were we successful in having all 5 GCs stick together in the negotiations, but our legislative team was a big part of this,” he said. “The State Legislative Directors across UP’s territory as well as Greg Hynes and Jared Cassity in the National Legislative office worked behind the scenes to get Congress and state officials to apply pressure on UP to bargain with us in good faith. When you have the legislative team working hard and the membership amplifying their message every step of the way about our quality-of-life concerns, this TA is the kind of product we can achieve as a strong labor organization.”

Brother Luke Edington GC of GO-953, said: “All told, this TA provides our members with an unprecedented 8 days of on-demand paid leave for illness and well-being. This is the kind of achievement that makes the countless hours of work we put into this union movement worthwhile. This improvement to SMART-TD frontline workers’ lives is what makes it worthwhile answering the alarm clock every day of our careers.”

General Chairman Joe Cornelius of GCA 569 said: “We put a lot of time and thought in to make sure that everyone got cut in on this deal. The TA really is a win/win for our members. If they get sick, they can take a day off and not worry about losing that day’s pay, and for the first time, they won’t have to worry about being assigned any points toward discipline. One of the perks to this agreement that we insisted on is that it isn’t a ‘use-it or lose-it’ scenario. All unused sick days can be banked up to 60 days that keep rolling. If a member accumulates more than 60 unused days, UP will cut them a check to cash out the excess days. It’s a great parachute to have a 60-day buffer when things go wrong medically.”

Brother Gary Crest, GC of GO-887, said: “This TA has been a long time coming. It took 160 years to get here, but we aren’t done yet. There’s still a lot of work left to do to bring this railroad into the 21st century, and we are determined to do it.”

“I want to thank SMART-TD leadership for their support as we work together to create an environment where employees feel valued, supported and empowered to deliver exceptional service to our customers,” said Lance Fritz, Union Pacific chairman, president and CEO. “We are committed to continued collaboration with our labor partners and employees to further identify opportunities that support our best-in-class workforce.”

Please see the attached document to see the highlights of the tentative agreement. Local chairpersons will be receiving the verbiage soon and they will be providing it to the members for review as they consider ratification of the agreement.

2023.07.07_UP_letter_paid_sick_leaveDownload

Following suit with the other General Committees of Norfolk Southern, General Chairperson Dan Weir (GO-348), and General Chairperson Joe Borders (GO-346), representing yardmasters on Norfolk Southern properties, announced that on June 2 they reached an agreement with the carrier to provide quality-of-life enhancements for all Norfolk Southern yardmasters.

NS yardmasters will be granted, effective Jan. 1, 2023, and continuing each year after, four paid sick days to be used during the calendar year with unused sick days being paid out at the end of the year. In addition to the four paid sick days, NS yardmasters will be allowed to use up to three personal leave days or single days of vacation as paid sick days after a yardmaster has exhausted the annual sick leave provided in the agreement.

To further enhance this agreement, NS yardmasters’ personal leave days, due but not taken, will be allowed to be carried over to the following year and accumulated without a cap on the number of days that can be banked. NS yardmasters in good standing or whose employment status has been terminated may elect to receive payment for all or any portion of accumulated personal leave days. In the event of the death of the yardmaster, the personal leave days accumulated will be paid to the member’s estate.

Both General Chairman Weir and Borders, along with Alternate Vice President Chris Bartz agreed early on that they would stand firm to get the best possible agreement for the yardmaster craft on Norfolk Southern regarding sick pay. After numerous negotiations, calls and deliberations, the agreement was reached.

GCs Borders and Weir thanked both SMART-TD President Jeremy Ferguson and Alt. VP Bartz for their leadership and guidance in getting a positive agreement for the membership.

NS becomes first Class I railroad to negotiate paid sick leave for all craft railroaders

ATLANTA, and INDEPENDENCE, OH, June 5, 2023 – Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced today that they have reached an agreement with representatives for their final group of craft employees – yardmasters – to provide up to seven paid sick days per year.

The agreement will immediately provide nearly 300 Norfolk Southern yardmasters with four new days of paid sick leave per year while also offering them the flexibility to use up to three additional days of existing paid time off as sick leave.

With this agreement, Norfolk Southern is the first Class I railroad to have negotiated paid sick leave agreements for 100 percent of its craft workforce.

“This agreement will provide our hardworking yardmasters the time they need and deserve to take care of their personal wellbeing,” said Jeremy Ferguson, President of SMART-TD. “I want to thank Norfolk Southern for their partnership on this deal, and for leading the industry as the first railroad to sign sick leave agreements for every one of our dedicated union members. And most importantly, I want to thank our SMART-TD general chairmen, Joe Borders and Dan Weir, for negotiating this important new benefit for Norfolk Southern yardmasters.”

This final paid sick leave agreement for yardmasters builds on the momentum from the comprehensive quality-of-life package that NS and SMART-TD negotiated last month for another group of SMART-TD members – conductors and trainmen. The conductor and trainmen agreement, which included paid sick leave, was ratified by union membership last Friday.

“Following national labor negotiations, we committed to address quality of life issues for our craft railroaders. With today’s agreement, we make good on that promise,” said Norfolk Southern President and CEO Alan Shaw. “I am proud of our team for working collaboratively with union leadership over the last four months to reach agreements that benefit all of our craft colleagues.”

Although this agreement is an important milestone for paid sick leave, Norfolk Southern remains actively engaged with all its labor partners to further explore and negotiate the quality-of-life benefits that will have the greatest positive impact for its employees and position Norfolk Southern as an industry leader and employer of choice.

Read a synopsis of the agreement.

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About Norfolk Southern

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have moved the goods and materials that drive the U.S. economy. Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and is the largest rail shipper of auto products and metals in North America. Norfolk Southern also has the most extensive intermodal network in the eastern U.S., serving a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.

About SMART-TD

SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. More information about the union is available at www.smart-union.org.

JACKSONVILLE, Fla. (April 28, 2023) — Conductors and trainmen on CSX northern lines ratified an agreement for paid sick time today.

SMART Transportation Division GO-049 negotiated the deal with CSX Transportation earlier this month, but it still faced approval by the membership and local officers. Today, SMART-TD General Chairperson Richard Lee announced that the agreement was ratified by the majority of ballots returned.

The lack of paid sick time within the railroad industry was highlighted in the media in 2022 when workers rejected a tentative national agreement that covered most railroad carriers and labor organizations, almost leading to a shutdown of the nation’s vital supply chain.

Since then, CSX reached agreements with several non-operating-craft labor organizations. However, CSX and other Class I carriers failed to reach an agreement with any operating-craft labor organization. The operating crafts (which include engineers, conductors and trainmen) have what is perceived as the most demanding of working conditions of the railroad crafts due to the travel requirements, working in the elements and the on-call nature of their positions. This agreement establishes a benefit in the railroad industry that the majority of the American workforce already enjoy.

In addition to paid sick time, the agreement, which covers approximately 2,400 conductors and trainmen on CSX Northern line, also adopts the current attendance policy put in place by CSX into the collective bargaining agreement. Railroads in the past have been reluctant to negotiate attendance and this is another first for the operating workforce as it subjects the former policy (now agreement) to negotiations if any changes are desired by either the carrier or the employees in the future. In return, the carrier gained flexibility and cost savings through provisions that allow conductors and trainmen to drive company-provided vehicles under certain conditions and also settled a long-term dispute between the SMART-TD and CSX regarding assignment placement.

“It’s refreshing and impressive to see the overwhelming support of the membership on this tentative agreement. It is also encouraging that SMART-TD and CSX leadership were able to sit down at the table and reach a consensus on items as important as these. I am hopeful this momentum will carry forward in future negotiations and help us collectively improve the working conditions and overall moral at CSX,” GC Lee said when asked about his overall feelings on the issues and outcome of the process.

Upon the initial announcement of the tentative agreement being reached, SMART Transportation Division President Jeremy, Ferguson said, “We thank CSX CEO Joseph Hinrichs and Executive Vice President Jamie Boychuk for exhibiting flexibility and working with our union in a collaborative manner in reaching this tentative agreement. This serves as a vital first step to giving T&E personnel the paid sick time they deserve, and I am hopeful this accommodation will be soon be extended to the employees working under the jurisdiction of the other General Committees at CSX as well.”

About SMART Transportation Division GO-049

SMART Transportation Division GO-049 (General Committee of Adjustment) is based in Jacksonville, FL. The General Committee negotiates and maintains property agreements for approximately 2,600 railroad employees in the northeastern quadrant of the United States including several short-line carriers and CSX Transportation. GO-049 is one General Committee of 62 that make up SMART-TD, the largest freight railroad labor union in the United States.

Tentative agreement includes scheduling, paid sick leave

ATLANTA and INDEPENDENCE, OH, (April 28, 2023) — Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced Friday that they have reached a ground-breaking, system-wide tentative agreement. The agreement would offer a comprehensive suite of new benefits and workplace enhancements to improve quality of life for Norfolk Southern’s conductors.

“This agreement underscores the progress we can make when SMART-TD and Norfolk Southern come together to improve the lives and workplace experience of our hard-working members,” said Jeremy Ferguson, president of SMART-TD. “I want to thank Norfolk Southern for their partnership, and most importantly, our tireless SMART-TD leaders – Jim Ball, Tommy Gholson, David Phillips, Drew Evans, Brian Sharkey, and Jason Roberts – for working collaboratively to reach this extremely positive outcome for Norfolk Southern conductors.”

The new agreement contains meaningful improvements that will transform the conductor experience, including:

  • Technology-driven enhancements that offer all conductors scheduled days off and greater certainty around their weekly assignments.
  • Tools and work-rule changes that provide greater transparency and flexibility to enjoy their vacation and other paid time off.
  • Higher reimbursement for meals when away from home, and additional compensation when working weekends and spending time away from home.
  • Up to seven days of paid sick leave, including five new paid sick days and the option to use two days of existing leave, to care for their personal well-being.

“I have a deep appreciation and respect for the contributions that my craft colleagues make to our company, our customers, and the U.S. economy,” said Alan H. Shaw, president and CEO of Norfolk Southern. “Coming out of national negotiations, we committed to taking a comprehensive look at quality of life at Norfolk Southern. With this agreement, we are leading the industry’s efforts to provide more predictable work and greater support for the wellbeing of our craft railroaders.”

“I am incredibly proud of the work we’ve done with our labor partners at SMART-TD to reach this landmark deal,” said Wai Wong, vice president, Labor Relations at Norfolk Southern. “This agreement is the culmination of many honest, open discussions with our General Chairmen about our employees’ perspectives and priorities. I look forward to building on the foundation of trust we’ve laid as we continue working together to improve quality of life for our dedicated railroaders.”

The tentative agreement, which is subject to member ratification, also satisfies the parties’ obligation to discuss scheduling enhancements and other related items that were part of last year’s national agreements. The agreement would go beyond those obligations, however, underscoring Norfolk Southern’s and SMART-TD’s mutual commitment to holistically improve quality of life and enhance their shared team’s ability to safely deliver reliable and resilient service as a customer-centric, operations-driven organization.

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About Norfolk Southern

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have safely moved the goods and materials that drive the U.S. economy. Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and is the largest rail shipper of auto products and metals in North America. Norfolk Southern also has the most extensive intermodal network in the eastern U.S., serving a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.

About SMART-TD

SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. More information about the union is available at www.smart-union.org.

Paid sick leave has been the goal of railroaders for decades. It is not only the quality-of-life issue that defines our industry, but also a validation of the dignity of our profession. As you can tell from the photograph attached to this article, we are not the first generation of railroaders who have felt strongly about this topic. For a railroad to function safely, carriers know providing sick days is essential, yet the executives opt to pay themselves huge bonuses and engage in profitable stock buybacks with the money it would take to provide it. Instead of being accommodating to the labor forces toward their basic human needs, management tends to extend their appreciation to those who do the work by handing out hats and trinkets on occasion. To pour salt in the wounds, they have also tightened their attendance policies to unreasonable expectations over the years to force employees, out of duress, to go to work when sick.

On April 3, however, the tentative agreement reached between SMART-TD General Committee GO-049 and CSX is a tremendous step forward for T&E personnel on the CSX Northern Mid-Atlantic District. The tentative agreement synopsis is as follows:

  • Provides five paid sick with option to convert two personal days to paid sick days.
  • Unused sick days are converted to cash at the end of the year with the option to defer those payments into a 401(k)
  • Incorporates the current 2023 CSX Revised Attendance Policy (the most lenient policy at CSX in decades) as a component of the CBA and only subject amendments under the provisions of the Railway Labor Act.
  • Provides improved work/rest initiatives with the formation of a Joint Labor/Management Committee to implement “Smart Rest” options, which could provide for up to 24 hours off between tours of duty.
  • Settles a long outstanding issue on displacement and utilization of employees in displaced status
  • Permits train service employees, when practicable, to drive themselves or their own crew within defined terminal switching limits under limited conditions.

“We thank CSX CEO Joseph Hinrichs and Executive Vice President Jamie Boychuk for exhibiting flexibility and working with our union in a collaborative manner in reaching this tentative agreement,” SMART Transportation Division President Jeremy Ferguson said. “This serves as a vital first step to giving T&E personnel the paid sick time they deserve, and I am hopeful this accommodation will be soon be extended to the employees working under the jurisdiction of the other General Committees at CSX as well.”

As noted in past SMART-TD articles and mainstream media concerning the national rail contract negotiations, labor made it clear to the hedge fund managers who run our country’s rail corporations that we are no longer willing to accept hollow attempts to make us feel like valued members of their Fortune 500 companies. SMART-TD leadership, along with the other 11 rail labor organizations, stated clearly that it was time to address the ridiculous gaps in our work/life balance.

By no means was 2022 the first time that railroad workers have pointed out the lack of sick days as a problem. For years we’ve been told that it doesn’t fit the railroad business model as they sell service to their shippers which requires a 24/7/365 operation to meet demands. The unique dependency on crew availability to keep railroads running has been used to justify carriers’ on-call work cycles and inordinately long workdays, leading to the inability for railroaders to be present for family events and holidays. The irony to the operational necessity is that railroads have reduced their labor head-count year-over-year to increase profits and simply force those left to work more and not allow them to take time off, even when sick.

In 2023, the world’s media has a newfound awareness of the struggles of the railroad work force along with the dangerous working conditions. With wall-to-wall news coverage of derailments and communities waking up to the evils of Precision Scheduled Railroading (PSR), carriers find themselves in the position of needing to prove to the American people that they are not monsters and that their industry is capable of responsibly self-regulating as they have since the 1800s. Through the hard work and persistence of SMART-TD and your activism, railroads have begun to recognize the humanity of their workforce.

In the past two weeks, SMART-TD has seen Norfolk Southern and Union Pacific begin withdrawing their Section 6 notices pursuing single-employee crews. NS has even gone as far as to implement a new plan that, among other things, reduces the length of their trains (for now) to 10,000 feet.

Many interesting questions come from the idea of conductors driving their crews. One is whether CSX will be able to require conductors to pick up other crews while in the company vehicles. The answer to that is a definitive no. If this TA is ratified, the conductor will only be responsible for transporting the members of his/her crew to perform duties associated with that conductor’s train or duties. In short, the conductor position will not be used as additional cab drivers to be dispatched throughout CSX’s yards. According to GO-049 General Chairperson Rick Lee, this proposed change has received positive feedback as our members will be in charge of their safe transport within terminals, thus not left up to a low-cost taxi vendors or disgruntled railroad managers forced to haul crews in addition to their management duties.

Perhaps the most important question from this development is this: If it is, in fact, possible to run a Class I railroad when employees have the “luxury” of being allotted sick days, why has this basic human dignity been held from us by management for so long? If we are doing away with the premise that railroads can’t function if their transportation employees aren’t duty bound to answer the bell every time they are called to work, then why aren’t all railroaders afforded the same treatment across all crafts and carriers?

Progress in the railroad industry has always been incremental, but the fact is that professionals in every other industry, with much more standard schedules and far more time off work, get paid sick leave. Rail workers need and deserve the same.

The new tentative agreement obtained by GO-049 has blazed a trail, poking a hole in the premise that operating crews can’t get sick time. It is precedent-setting that for the first time in the existence of American railroading that paid sick time will be afforded to transportation employees at a Class I railroad. This is a fact that we all need to take a moment to celebrate. But we also need to look at this development as a call to action to achieve paid sick leave for all of us, not just half the crew base in a slice of the country for 1/7th of the Class I carriers.

With matters as important as this one, it is pivotal to get the details correct. If President Ferguson, his administration, or GC Lee’s team was willing to settle for less than what our members deserved on the paid sick leave front, the opportunity was there. But what was important for our brothers and sisters in this historic decision was that we needed to get as much for the members as possible since the negotiation would set a precedent and needed to fit the work lifestyle of our T&E membership. It is hard to overstate the service GC Lee, Vice President Jamie Modesitt, and all others at GO-049 have done for conductors of all carriers with this negotiation. If this agreement is approved, it’ll be a standard-bearing precedent. We must continue the push to be fairly compensated for the essential work we do. Pending the ratification vote, this needs to be the new standard for agreements going forward.

SMART-TD is deeply grateful for GC Lee’s leadership as they have not only made us proud but have also honored the work of the railroaders in the picture featured along with this article and all those men and women upon whose shoulders this union is lifted.

SMART Transportation Division President Jeremy Ferguson and Adam West, secretary and treasurer of SMART-TD Local 744 in Lafayette, Ind., served as speakers during a press conference Feb. 9 demanding that rail companies provide seven days of paid sick leave to workers organized by U.S. Sens. Bernie Sanders and Mike Braun.

Both senators were among a majority that supported a sick leave measure in December that was blocked by filibuster.

“We are here today to send a very strong message to the CEOs in the rail industry, and that is that the American people are sick and tired of the type of corporate greed we are seeing in that industry,” Sanders, a Vermont independent who spearheaded support for a bill guaranteeing paid sick time. “At a time of record-breaking profits, that industry can and must guarantee at least seven paid sick days to every rail worker in America. In the year 2023, that’s not a whole lot to ask.”

Indiana Republican Sen. Braun framed it as a moral, correct and common-sense choice for business owners to take care of employees, treat them like family and help in worker retention.

“When I heard you didn’t have a guaranteed sick day, I wondered how could you get by with that in this day and age? You don’t know when you’re going to get sick,” Braun said. “It’s going to be an issue on keeping employees long-term.”

“Most of this stuff should be natural, and if you do it, it’s in the best interest of your company, long term.”

Local 744’s Adam West speaks at the press conference on Capitol Hill on Feb. 9.

Adam West of Local 744, the S&T out of Lafayette, Ind., and a 18-year conductor/engineer, stated the situation for workers in the operating crafts very plainly.

“When they get sick, they have to make a decision,” between working sick or facing the attendance policy of their carrier,” West said. “You are not going to get the preventive health care you need to stay healthy.”

President Ferguson thanked both senators for their ongoing support during last year’s contract impasse.

“This is a fight that needs to continue, and it is a challenge for all of us union leaders with the railroads, both freight and passenger because historically nobody has had paid sick leave,” President Ferguson said.

SMART-TD President Jeremy Ferguson addresses the press conference about paid rail labor sick time on Feb. 9.

Six Class I railroads last year spent $20 billion (not including CSX) on buybacks and dividends — $5 billion more than pay and benefits for the entire rail workforce, Sanders said. Plus, rail CEOs made $175 million in three years in a period after cutting 30 percent of its workforce while they implemented Precision Scheduled Railroading.

“They are doing extremely well and what did they do with those record-breaking profits? Did they spend it on making the rail industry safer? No they did not do that.  Did they spend that money on improving the horrendous working conditions today in the rail industry? No they didn’t do that,” Sanders said.

Watch highlights from the press conference in episode six of SMART News.

Harsh attendance policies put in place to force workers to do more with less, a key component of Precision Scheduled Railroad remain intact and have not yet been dismantled.

“Everybody’s seen how difficult it was for our operating employees to have scheduled days off, period,” President Ferguson said. “That is what we’re up against, so to continue now that the national contract dispute behind us, to see thatenergy still coming from our senators, still behind rail labor, not forgetting how bad it was last year … we are very, very thankful for that.”  

“People around the countries are seeing what these workers have to go through. We surely will bring legislation to the floor.”

Sanders, chair of the Senate Health, Education, Labor and Pensions Committee, sent a letter Feb. 8 to the CEOs of six Class I rail CEOs urging them to follow the lead of CSX, which made inroads to providing paid sick time to a limited group of 5,000 workers. The White House and DOT are also involved in ongoing talks with rail executives.

2023.02.08_RailSickLeaveLetterDownload

“I have news for executives in the rail industry,” Sanders said. “If they think that those of us in Congress who voted for seven paid sick days for workers are going to forget this issue, they got it wrong.”

Also speaking was President Greg Regan of the Transportation Trades Department, AFL-CIO, BMWED President Tony Cardwell, BRS Vice President Doug VanderJagt, BLET Vice President Vince Verna, and National Association of Chemical Distributors President Eric Byer.