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Brothers and Sisters,
It’s time to set the record straight. I am certain many of you have seen the recent anti-labor articles that have been published regarding our recent win in the U.S. Court of Appeals for the 5th Circuit. That win has apparently struck a raw nerve with the carriers and the minions who eagerly await their master’s call. Make no mistake, that decision struck a fatal blow to the carriers’ plans to put you on the unemployment line. Rather than accept defeat, their apologists are trying to spin this loss into something that it is not. The long history of crew consist cannot be denied. For decades, we have battled with the carriers over their fevered attempts to cut costs and put your life at risk by down-sizing crews. This current round of negotiations is no different. They sought to eliminate your job and operate trains in perhaps the most dangerous way possible. Standing up for you, that’s what this case was about.
They have severely underestimated the fight in each and every one of us; the sheer grit and determination that we have to defend our families, our jobs, and the overall welfare of our co-workers and the general public alike. The truth that these apologists fear to admit is that in this Union, the dues-paying members are the Union — period. There is no divide between the “Union” and the “dues-paying members.” There is only a “Union.” We stand together now more than ever.
To salve their masters’ wounds, those “commentators” try to spin this as union officers protecting their own jobs. They know not of what they speak and their ignorance is evident in the web that they weave. They used nameless sources in an attempt to add credibility to a tall tale that anyone with true insight would know is far from factual. The fact remains that all officers in this newly elected SMART-TD administration are firmly united.
The Railway Labor Act protects agreements from being changed except through the processes provided for in Section 6 of the Act. The carriers had agreed to crew consist provisions years ago. Not only that, but to end the constant battle over crew consist, the carriers also agreed to moratoria provisions that barred any Section 6 Notice over crew consist until the last protected employee voluntarily left service. That event has not yet happened. These are the facts, but they are nowhere to be found in any recounting in the carriers’ favored publications. Rather, what you are treated to is the old worn song of the anti-unionist. The apologist who says trust the carriers, they only want what was best for you. Right. The carriers want to give you lifetime protections? At what cost? And when they decide they don’t like that deal any more, will they ignore it just like they have tried to ignore our moratoria provisions and put you on the street? These apologists assert that they have some inside scoop, yet I have never witnessed any “commentator” at the bargaining table. They are outsiders.
What else is missing? Acknowledgement of the only thing the carriers care about — their bottom line. Money comes before all else. That is evidenced by the unbelievable lengths they will go to argue that you are paid too much, that your insurance is too expensive, and that they are going broke as a result of the costs of our Agreements. You are the target in their zeal to improve their stock price. That is a sad fact that you will not find in any of those articles.
Another fallacy that is being sold — technology will do everything more safely. That simply is not true. Their technology is fallible. It doesn’t work like they wish it would nor as advertised. In fact, it’s not a matter of if it will break down, but when. We have collected thousands of Failure Reports across all Class Is and the data is terrifying. Never has the human element been more important in railroad operations. Engineers spend more time with their faces in multiple screens trying to manipulate and interpret the ambiguous systems than they do focusing on the territory ahead. Conductors are relied upon now more than ever, as they are the eyes and ears of the train crew, and we have the stories to prove it.
The articles also attempt to scare you by asserting that the carriers will unilaterally reduce crews at the end of the last-person-standing moratorium. That is not how the Act works. The expiration of the moratoria does not sunset crew consist. Rather, moratoria bar either party from serving a Section 6 notice to amend or change the current Crew Consist Agreements until the last protected employee leaves. Once that happens, then a Section 6 Notice can be served and the long and drawn-out process of the RLA engaged to negotiate the next generation of agreements.
Railroad workers have all been lied to long enough by management, and we can smell lies coming from a mile away.
As a word of advice to Railway Age, I would caution them against living in the past and trying to play SMART-TD against the BLET. We are working closely together in the Coordinated Bargaining Coalition (CBC) in national handling and on the various other disputes that the carriers have forced us into.
Brothers and Sisters, do not be discouraged, and do not be swayed by those with ulterior motives. We are in this fight together, and we are moving forward.
 

 
 
 

Jeremy Ferguson
President — Transportation Division

SMART Transportation Division officers and attendees of the Association of General Chairpersons — District 1 conference stand together at the conclusion of the meeting on Oct. 3.

INDEPENDENCE, Ohio — Hours after a lawsuit by rail carriers targeting our union over crew consist was announced Oct. 3, the Association of General Chairpersons — District 1 unanimously resolved to act in solidarity.
The resolution states:
“In response to the Carriers’ attempts to undermine bargaining and divide us, we, the members of District 1, resolve to act in solidarity in every effort to protect our members and our rights under the Railway Labor Act.”
Every general chairperson in attendance signed the resolution as the meeting concluded.
Transportation Division President Jeremy Ferguson praised the leadership of the General Committees for a quick and unified response at the conclusion of the District 1 conference in the Cleveland area that also finalized the Section 6 notices that will trigger the beginning of the next round of National Rail Contract negotiations.
“As we progress forward into this negotiating period and beyond, solidarity among our membership at all levels everywhere will drive us as we overcome the challenges ahead,” Ferguson said. “This unanimous resolution shows at the outset that we stand together and will speak with one loud, clear voice.”
On Oct. 3, the National Railway Labor Conference (NRLC) filed a lawsuit in federal district court in the Northern District of Texas.
President Ferguson stated that this attempt to undermine our collective bargaining agreements was not unexpected.
“It is not the first time that carriers have attempted this tactic,” he said. “We are well prepared to respond.”

ATTENTION: All SMART Transportation Division members employed by rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC).
As you are likely aware, on August 16, 2019, the SMART Transportation Division began the process of formulating Section 6 notices to be served on rail carriers represented by the NCCC, which will include proposals to increase wages, benefits and improve working conditions. In our communications, all officers and members were invited to submit proposals for the Section 6 notices to the SMART TD headquarters.
For those members who have already submitted proposals, we thank you for providing your invaluable input.
Members who have not yet responded are reminded that proposals are being cataloged through the month of September, and in October a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals and begin to fine-tune those suggestions into the notices to be served on the carriers.
In order for your proposal to be cataloged and considered by the Section 6 review committee, your proposal must be received in the Transportation Division office by September 30, 2019.
As a reminder, members may submit their proposals by email (preferred), fax or U.S. Mail:
Email – Section6@smart-union.org
Fax – (216) 228-5755,
or by writing to the attention of the SMART Transportation Division President at
24950 Country Club Blvd. Suite 340
North Olmsted OH 44070
Following this review process, the full Association of General Chairpersons, District No. 1, will be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.
In addition to membership submitted proposals, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.
“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.
The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART-TD notices are served.
Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.

The SMART Transportation Division is beginning the process of formulating Section 6 notices to be served on rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC), which will include proposals to increase wages, benefits and improve working conditions.
As mandated by the Railway Labor Act and the current national agreement, these Section 6 notices will be served on most of the nation’s rail carriers on or about Nov. 1, 2019, with changes to become effective no earlier than Jan. 1, 2020.
The serving of the Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own wage and rule notices that they will serve at or about the same time the SMART TD notices are served.
All officers and members are invited to submit proposals for the Section 6 notices to the SMART TD headquarters. In addition, SMART Transportation Division will conduct a membership survey to help define the issues for prioritization during negotiations.
Members may submit their proposals by email (preferred), fax or U.S. Mail:
Email – Section6@smart-union.org
Fax – (216) 228-5755
or by writing to the attention of the SMART Transportation Division President at:
24950 Country Club Blvd., Suite 340
North Olmsted OH 44070
The proposals submitted by members will be catalogued during the months of August and September. In October, a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals submitted and begin to fine-tune those suggestions into the notices to be served on the carriers.
The full Association of General Chairpersons, District No. 1, will then be convened to review and finalize the union’s Section 6 notices. Soon thereafter, the Section 6 notices will be reproduced and mailed to all U.S. general chairpersons for serving on the affected railroads on or about Nov. 1.
“All affected members will be kept informed regarding the Section 6 notices and developments in negotiations, when possible, through the SMART Transportation Division News and the SMART TD website,” said Transportation Division President John Previsich.
Under the Railway Labor Act, the current national agreement between SMART TD and NCCC will remain in effect until a new agreement is reached.

The funding levels that was in effect for the 2018 fiscal year for both the National Mediation Board (NMB) and for the Railroad Retirement Board (RRB) remain steady for the 2019 fiscal year in the “minibus” budget bill that was signed by President Donald Trump.
The RRB will receive $123.5 million — $113.5 million will go to administrative costs with the $10 million balance funding RRB’s initiative to improve its information technology structure.
“Based on the last cost estimate provided by the RRB, with this funding level, the agency will have received nearly half of the total cost of its IT overhaul,” National Legislative Director John Risch said.
Funding also held steady for the NMB, which provides dispute-resolution processes between rail unions and carriers through mediation, representation and arbitration between labor and management.
The board last fiscal year received a boost in its funding to $13.8 million in part to help it work through a number of pending Section 3 cases. That funding level stays, although not all those Section 3 cases were heard — the board made a move over the summer to close many cases that were unfunded, more than three years old and had not advanced in the process.
Those cases could be reopened if a party involved in the aged-out cases writes a letter to the NMB’s director of arbitration services.
NMB had about 6,400 cases to deal with overall at the end of October.

For immediate release
July 7, 2017
As part of our ongoing effort to conclude national contract negotiations, the Coordinated Bargaining Group (CBG) met with the nation’s freight rail Carriers (NCCC) for three days during the week of June 26th. These efforts were part of our ongoing mediation process, mandated by the Railway Labor Act when the parties have been unable to reach a voluntary agreement, and managed by the National Mediation Board.
Despite the CBG’s best efforts to reach a fair agreement with the NCCC, the mediation process took a step backwards on Thursday, June 29th, when the Carriers presented new, onerous bargaining positions. Their new contract demands would have the employees not only paying more per month towards their monthly insurance premiums, but would also make drastic changes in the amount the average employee pays when medical services are needed. Combined with the Carriers’ outlandish demands for this dramatic cost-shifting, they suggested we agree to below-standard General Wage Increases with no retroactivity, and, for certain crafts, harmful work rules changes that would have employees doing more work for less pay in many circumstances.
It is clear from the Carrier’s latest contract demands that they are emboldened by the potential of management-friendly recommendations that could come from a Presidential Emergency Board appointed by President Trump, and ultimately be imposed on the employees by a Congress that already has enacted or is pushing for changes in longstanding labor laws that protect employee rights.
We of course are frustrated by the Carriers’ hard-line attitude. But we will not let this stand in our way. In spite of this latest turn of events, the CBG will not give up its efforts to achieve a voluntary settlement that is fair and protects our members’ best interests. We therefore requested and have been granted additional mediation sessions later this month. This is not by any means the end of the road. The Railway Labor Act makes it the duty of both labor and management “to exert every reasonable effort to make agreements.” We take that obligation seriously. Be assured that we have been working very hard on your behalf and we will continue to pursue every available avenue to achieve a fair contract settlement worthy of your consideration.
The Carrier’s latest offer is neither a fair settlement, nor a settlement that we expect our members would ratify. So that you all are fully aware of what has been proposed, and in an effort to bring all affected members up to speed, the Carrier’s latest proposal, with a brief synopsis, can be found at
https://static.smart-union.org/worksite/ContractNeg/NCCC_2017-06-29_Synopsis_and_Proposal.pdf
More information will be forthcoming after the mediation sessions scheduled later this month. We appreciate your continuing support.
# # #
The Coordinated Bargaining Group is comprised of six unions: the American Train Dispatchers Association; the Brotherhood of Locomotive Engineers and Trainmen (a Division of the Rail Conference of the International Brotherhood of Teamsters); the Brotherhood of Railroad Signalmen; the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers; the National Conference of Firemen and Oilers / SEIU; and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers.
Collectively, the CBG unions represent more than 85,000 railroad workers covered by the various organizations’ national agreements, and comprise over 58% of the workforce that will be impacted by the outcome of the current bargaining round.

Previsich

Dear members,
On December 5, 2016, SMART Transportation Division issued a press release to announce that the unions participating in the Coordinated Bargaining Group (CBG) had requested that the National Mediation Board (NMB) mediate the group’s negotiations with the National Carriers Conference Committee (NCCC).
The decision to move the process forward with a request for mediation was made after our last negotiating session with the NCCC, when it became apparent that the prospect of reaching a voluntary agreement had grown significantly less likely, due in large part to the outcome of November’s elections. During negotiations, the organizations submitted a proposal that would provide the framework of an improved wage, work rule and benefit package that we believe our members have earned.
The carriers responded with an offer that was significantly less in every regard. Your negotiating team found the carriers’ demands for certain work rule changes unacceptable. In our opinion, these changes would compromise safety by creating a negative impact on rest and predictability. In addition, the carrier proposed unsatisfactory wage increases and dramatic cuts to our health care benefits, both of which were also unacceptable.
We have negotiated in good faith because we believe a voluntary agreement is in the best interests of our members and will continue to do so while in mediation. However, we stand firm in our conviction that our members deserve a better outcome than the carrier’s proposal and we will exhaust every avenue available to achieve a contract settlement with equitable compensation and benefit improvements that reflect the employees’ contributions to the carriers’ success. Additionally, we will not accept or propose a contract that adds to the already intolerable levels of unpredictability and rest deprivation that our members currently endure.
What’s next? The parties will engage in mediation as part of the dispute resolution process required by the Railway Labor Act. If a voluntary agreement is not reached in mediation, the process provides for a proffer of arbitration by the NMB, which, if refused by either participant, will then release the parties to engage in self-help (strike/lockout).
Moving through the Railway Labor Act to a strike is a long and arduous process, and requires that the parties exhaust every opportunity for settlement before a work stoppage disrupts the nation’s transportation system. However, the right to strike is a part of the process and the only person who can take away your right to strike is the President of the United States, who may intervene and appoint a Presidential Emergency Board.
In the event that we reach that point, I will be calling on all of our members to reach out to the White House and request that our newly elected President not interfere with our right to exercise self-help in our quest for a fair and equitable contract settlement.
To better explain the process that governs from this point forward, click on https://www.smart-union.org/td/washington/abridged-version-railway-labor-act/ to read an abridged version of a more detailed explanation of the Railway Labor Act.
Fraternally,
John Previsich
President, Transportation Division

WASHINGTON — The UTU and 17 other transportation labor organizations urged Congress Jan. 30 to pass a Federal Aviation Administration reauthorization without making what they called “drastic and unnecessary changes to the Railway Labor Act.”

Historically, any changes to the Railway Labor Act have been jointly agreed to by labor and management – a primary reason the law has been so effective in ensuring uninterrupted commerce and keeping paychecks flowing in the airline and railroad industries.

In fact, when the Railway Labor Act was passed by Congress in 1926, it was the product of joint agreement by labor and management – and that collaboration has continued since.

In this instance, the House Republican leadership is seeking to use FAA reauthorization as a vehicle to overturn a National Mediation Board (NMB) ruling that made union-representation elections in the airline and railroad industry conform to the rules of virtually every other election tally in America.

The House Republican leadership, at the instigation of airline management, is seeking to overturn that National Mediation Board ruling that updated the agency’s union-representation voting rule. Previously, those not casting a ballot in a representation election were considered to have cast a “no” ballot. Nowhere else in American society does such a rule exist.

The NMB changed the rule to provide for a majority vote of those actually voting in a union representation election. That change was affirmed by a federal appeals court after airline carriers challenged it in court. Failing in court, the carriers turned to their friends in the House.

The transportation labor organizations told Congress in their joint statement:

“A rewrite of long-standing labor law deserves proper and due consideration through the normal deliberative process. Acting otherwise directly conflicts with the non-partisan recommendations of the 1994 report of the Dunlop Commission on the Future of Worker-Management negotiations. Unilaterally changing that law without labor’s input and without due deliberation threatens to unravel its carefully balanced goals of labor stability and uninterrupted commerce.

“Rewarding the House Republican leadership’s desire to rewrite decades of long-standing labor law in a flash by inserting an unrelated and controversial labor provision in a much needed aviation safety and security bill, without notice, hearing or debate, sets an extremely dangerous precedent.

“We urge the Senate to delete the provision of the bill that would amend the RLA and pass the clean FAA reauthorization that all concerned recognize this country sorely needs and supports.”

By UTU International President Mike Futhey

The right of workers to join a labor union and bargain collectively with employers over wages, benefits and working conditions is the foundation of workplace democracy.

Brave and dedicated trade unionists before us risked their lives, freedom and economic security fighting for collective bargaining rights, achieving victory first in 1926 with passage of the Railway Labor Act, and then the National Labor Relations Act in 1935.

For public-sector workers, the struggle took longer. Wisconsin was the first state to grant its workforce a right of collective bargaining in 1959. Federal workers gained a collective bargaining right in 1962.

It is ironic that Wisconsin was the first state to sanction public-employee collective bargaining because it is Wisconsin’s governor who this month invited massive civil unrest in his state by attempting to revoke that right.

Similar legislative efforts are underway in Ohio and Tennessee, and the movement to curtail public-employee collective bargaining rights could spread.

If the effort is successful, private-sector workers could then find their own collective-bargaining rights under attack. We are witnessing in Congress and in many state legislatures an anti-union animus stronger than it has been in decades.

To close our eyes to the struggle of state workers in Wisconsin, Ohio or elsewhere is to wake up finding our own collective bargaining rights gone.

That is why union members from across America — many from the United Transportation Union — have been participating in rallies, telephone and email communications efforts, petition drives and other activities in support of public employees whose collective bargaining rights are under attack.

Wisconsin State Legislative Director Tim Deneen and Ohio State Legislative Director Glenn Newsom are coordinating joint action with the targeted public-employee unions.

As a member of the AFL-CIO Executive Committee, I am working with the federation’s Transportation Trades Department to identify additional actions that might be taken to assist in fighting state attempts to restrict or eliminate public-employee collective bargaining.

The outrage is not that public employees must participate — with all segments of society — to close massive budget shortfalls.

The outrage is that Wisconsin Gov. Scott Walker wants to revoke the right of public employees to bargain over health care, pensions and working conditions, plus Scott wants to impose significant costs on workers and their unions by requiring annual representational elections and cancelling the state’s collection of union dues through payroll deduction.

This is all about union busting and not about closing budget shortfalls.

In fact, Christopher Policano, an official with the American Federation of State, County and Municipal Employees, said the union is willing to negotiate concessions with Gov. Walker, “but he wants to throw out the bargaining table.”

Wisconsin is not the only state with a big budget deficit. By contrast, in California, Michigan, New York and Pennsylvania, governors are collectively bargaining with state employees to find the least painful alternatives to balance state budgets.

In Pennsylvania, a spokesperson for Gov. Tom Corbett, a Republican, told The New York Times, “We’ll begin negotiations with the public-sector unions and anticipate we’ll conduct those in good faith.”

Many UTU members have inquired how they might join in solidarity with public employees under siege.

Begin with an AFL-CIO sponsored website, “States of Denial,” which provides opportunities for different levels of involvement. Click below to link to the “States of Denial” website:

www.aflcio.org/issues/states/

Click on the following link to see how you might help in Ohio:

https://www.smart-union.org/news/help-preserve-collective-bargaining-in-ohio/

And certainly consider joining, or increasing your contribution to, the UTU PAC, which works to elect union-friendly lawmakers to state legislatures and Congress.

BOSTON — A coalition of Massachusetts Bay Commuter Railroad (MBCR) unions, including those representing clerks, carmen, supervisors, signalmen and shopcraft workers, have been released by the National Mediation Board (NMB) from mediation.

The release paves the way for appointment of a Presidential Emergency Board (PEB) to make settlement recommendations for a wage, benefits and work-rules contract settlement under provisions of the Railway Labor Act.

The coalition unions rejected an NMB offer of binding arbitration.

The UTU and the Brotherhood of Locomotive Engineers and Trainmen are negotiating separately with the MBCR and are not included in the release. BLET members previously failed to ratify a tentative agreement, and the BLET and MBCR returned to the bargaining table.

Under special commuter railroad provisions of the RLA, a second PEB is possible if the sides cannot accept the recommendations of the first PEB. Self-help is not permitted until 30 days after a second PEB (should it be appointed) has made its recommendations.

(Note that Amtrak and freight railroads are governed by another provision of the RLA that provides for just a single PEB.)