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SMART Rail, Mechanical and Engineering (RME) members employed by San Diego Trolley Inc. (SDTI) in San Diego, Calif., and North County Transit District (NCTD) in Oceanside, Calif., have elected a new slate of officers to guide Local 398 into the future.

Local 398 is responsible for the representation and enforcement of collective bargaining agreements for the majority of the public service employees within the SMART RME Department.

“There is an ongoing internal organizing campaign on both employers, and we have seen an increase in local union membership over the past 12 months. We look to build on that momentum, grow our local union membership and fight for the rights of our sisters and brothers,” said Financial Secretary-Treasurer Travis Malmin.

When Local 398 was relocated to San Diego, the members needed a place to come together. In a strong show of solidarity, SMART SM Local 206 opened the doors of McClees Hall to our brothers and sisters and provided space for members to gather for union meetings.

“Local 206 and Business Manager Dave Gauthier were gracious enough to allow us space to hold our membership meetings,” said Troy Teague, Local 398 vice president. “It is good to know that our union has resources that allow our members to meet and discuss their issues and concerns.”

Pictured, left to right: Travis Malmin (recording secretary/financial secretary-treasurer), Raymond (Joey) Flores (trustee), Troy Teague (vice president/ warden/conductor), Brandon Watson (president/local chairperson), Chache Rolison (trustee), Raymond Probst (trustee), Gabriel Puente (trustee). Not pictured: Juan Arias (trustee).

SMART and Local 398 are currently in contract negotiations with SDTI, aiming to secure a new agreement by the year’s end. Local union officers are engaging with each department in order to finalize additional proposals prior to the next bargaining session.

“I feel honored to be elected as the president and local chairperson of Local 398, and I look forward to obtaining the best possible outcome for my coworkers at SDTI,” said Brandon Watson.

October 4, 2024: The SMART Transportation Division proudly congratulates SMART Railroad, Mechanical and Engineering Division (MD) members for their achievement in ratifying collective bargaining agreements (CBAs) with three major rail carriers: BNSF, CSXT and Norfolk Southern.  

The newly ratified agreements will provide SMART-MD members with healthcare stability and annual wage increases through December 31, 2029. The five-year agreements guarantee an average general wage increase of 3.5% per year and include improvements in paid vacation and health and welfare benefits, maintaining a consistent employee monthly cost-share contribution. 

John McCloskey, General Committee 2 directing general chairperson, remarked on the significance of these agreements, stating, “GWIs of 18.8% compounded are almost unheard of in the freight industry, especially on a voluntary basis without concessions. I appreciate BNSF, CSX and NS negotiating with SMART-MD in good faith.” 

SMART-TD President Jeremy Ferguson told SMART News, “This is a milestone that underscores the strength and determination of SMART members in securing fair labor agreements. Congratulations to our brothers and sisters in the Mechanical Division!” 

In a strong show of unity, members voted in favor of the CBAs, with results reflecting significant support: 69% for BNSF, 68% for CSXT, and 62% for Norfolk Southern. This outcome highlights the commitment of SMART-MD’s members to engage in the ratification process and ensure their voices are heard. 

SMART-MD Director Peter Kennedy expressed gratitude to the members who participated, stating, “Thank you to the members that took the time to educate themselves about their agreement, and that participated in the ratification process. We are glad to have resolved negotiations with these major freight railroads. The remaining rail carriers need to follow the pattern that has been established by BNSF, CSXT and NS.” 

SMART General President Michael Coleman also praised the outcome, noting, “The members have passed their verdict on the agreements with BNSF, CSX-T and NS, with more than 60% voting in favor for each carrier. I am grateful for the determination and advocacy of the SMART-MD negotiating team, and I appreciate the leadership at BNSF, CSX-T and NS for resolving the next round of national negotiations without dragging out the bargaining process for years.” 

As we celebrate this victory, the SMART Transportation Division reaffirms its dedication to supporting all SMART divisions in their pursuit of equitable labor agreements. These successful ratifications serve as a powerful reminder that together, we can achieve meaningful progress and secure a better future for all rail industry workers. 

The International Association of Sheet Metal, Air, Rail and Transportation (SMART) Railroad, Mechanical and Engineering Department (MD) members employed on BNSF, CSX-T and Norfolk Southern Railway have voted to ratify their respective collective bargaining agreements (CBAs). Members voted in favor of the CBAs by 69% (BNSF), 68% (CSX) and 62% (NS).

With these agreements ratified, SMART-MD members employed by BNSF, CSX-T and NS have secured healthcare stability and annual wage increases through December 31, 2029.  

The CBAs on each respective rail carrier are essentially identical, consisting of a five-year term that provides for annual general wage increases (GWI) that average out to 3.5% per year, improvements for paid vacation, as well as improvements to health and welfare benefits without changing the employee monthly cost-share contribution of 15% of the carriers’ monthly payment rate. The CBAs also resulted in the creation of new benefit design for employees that desire to have employee-only coverage under a high deductible health plan at a reduced employee monthly cost-share contribution. 

“GWIs of 18.8% compounded are almost unheard of in the freight industry, especially on a voluntary basis without concessions,” said General Committee 2 Directing General Chairperson John McCloskey. “I appreciate BNSF, CSX and NS negotiating with SMART-MD in good faith and allowing us the opportunity to engage with the members throughout the ratification process.” 

“Thank you to the members that took the time to educate themselves about their agreement, and that participated in the ratification process. We are glad to have resolved negotiations with these major freight railroads. The remaining rail carriers need to follow the pattern that has been established by BNSF, CSX-T and NS,” added SMART-MD Director Peter Kennedy.

“The members have passed their verdict on the agreements with BNSF, CSX-T and NS, with more than 60% voting in favor for each carrier,” said SMART General President Michael Coleman. “I am grateful for the determination and advocacy of the SMART-MD negotiating team, and I appreciate the leadership at BNSF, CSX-T and NS for resolving the next round of national negotiations without dragging out the bargaining process for years. I am glad these railroads recognized that our members deserve to be compensated fairly with wage increases coming to them in real time, rather than years after the fact.” 

SMART Rail, Mechanical and Engineering (RME) members working for Norfolk Southern, BNSF and CSX will soon receive ratification information ballots from the American Arbitration Association regarding tentative agreements reached with the respective carriers on August 22.

The ratification vote will run from Monday, September 9, through Thursday, October 3; members will have until 11:59pm on Thursday, October 3 to cast their vote for their respective tentative agreement. The votes will be counted and announced on Friday, October 4. Please take the time to read through the relevant ratification information carefully. If members have questions, they should not hesitate to contact their SMART representatives.

The SMART Railroad, Mechanical and Engineering Department (SMART-MD) has reached tentative agreements with CSX, Norfolk Southern and BNSF Railway that will be sent to the membership for a vote in the days ahead. 

Section 6 notices for national negotiations are not allowed to be served until November 1, 2024; however, these tentative agreements were reached on an individual carrier basis, rather than under the national umbrella. The tentative agreements, if ratified, would resolve the next round of national negotiations for SMART-MD and each respective rail carrier.

Each five-year tentative agreement provides for annual general wage increases — effective July 1st of each calendar year — totaling 17.5% (over 18.75% when compounded), as well as paid vacation days for new-hire employees and the accelerated qualification and accrual of paid vacation for tenured employees. There are also improvements to health and welfare benefits, including the extension of health and welfare coverage for surviving dependents, male sterilization procedures (i.e., vasectomy), as well as substantial increases for vision frame allowances from $115 to $250 every two years. In addition, the orthodontia lifetime maximum benefit would increase from $1,000 to $2,500 per covered individual. 

The tentative agreements provide for a new individual employee-only health insurance benefits coverage that is not mandatory and will only apply to employees that select such coverage. Employees that select this new benefit will have a reduced monthly cost-share payment, capped at 10% of the carrier’s monthly payment rate. Employees that do not select the new individual employee-only health insurance benefit will continue to have their traditional employer-provided health insurance benefits, as well as a monthly cost-share payment of 15% of the carrier’s monthly payment rate. Employees that entirely opt out of their employer-provided coverage will now receive $200 per month instead of $100.  

“These tentative agreements provide real wage increases and substantial improvements to paid time off that the railroads have historically fought us on, as well as improvements to health and welfare benefits with an added benefit option for those that want it,” said SMART Directing General Chairperson John McCloskey. “These tentative agreements, if ratified, take away the uncertainty of when the next round of national negotiations will be completed, and if and when annual pay increases will be implemented.”

 “It is now up to the members to decide whether these agreements meet their standards,” added SMART General President Michael Coleman. “I know that all of SMART-MD, officers and staff, will be engaging with the members on each railroad property, answering questions and providing them with ratification material so they can make an informed decision.”

From local union visits to new member organizing, the SMART RME Department is actively working to strengthen and grow our union. Read updates on the department’s recent activities:

SMART RME International representatives visit local unions

SMART RME International Representative Joe Fraley and RME Department Director Peter Kennedy have been engaging with RME members at union meetings, visiting Locals 78 (Little Rock, Ark.), 165 (Argentine, Kan.), 256 (Chicago, Ill.), 462 (Huntington, W.Va.) and 472 (Topeka, Kan.) To provide information about local representative training, member engagement and other resources that are available for officers and members.

“Keep an eye out for meeting notifications in the future — we will be visiting remaining locals in 2024,” said Kennedy.

Local 472 meeting attendees: Jacob Crump, David Samuels, Lloyd Long, Corey Kious, David Streeter, David Dains, Travis Morgan, Jesse Drake, Jesse Thomas, Preston Cummings, Brennan Walker, James Smith, Craig Snyder, Brady Haddock, Rich Mohr

RME Department conducts trainings for local union officers

In November 2023, General Committee 2 officers, with assistance from International representatives, provided training to local union chairpersons for claim and grievance handling, as well as the representation of members at disciplinary hearings. The training, held in Chicago, marked the second of its kind for local chairpersons. The department also held its first training for newly elected recording secretaries and financial secretary-treasurers in Washington, DC.

“These training courses are offered at no cost to the local unions, as costs associated with the training are covered by General Committee 2 and the International,” explained Fraley. “These sessions will continue In 2024, again at no cost to local unions. Each local is encouraged to send their elected officers to these courses.”

RME training in Washington, DC
Local 256 meeting attendees: Pete Fiore, Rick Flores, Jacob Orseno, Matthew Del Real, Gilbert Santiago, Christopher Pasowisty, Dominick Horne Sr., Erik Ortega, John Sutton

SMART RME wins National Mediation Board election for RailTerm employees

On November 16, 2023, the RME Department won a representation election for employees working at RailTerm. This marks another organizing victory for SMART as we work to bring new members into our union.

“Negotiations will begin in the near future,” said Fraley. “We are proud to represent the RailTerm employees and are ready to negotiate an agreement with the company.”

Topeka shop visit: Dave Samuels
Topeka shop visit: Randy Medilen

WASHINGTON, DC – The shop craft unions at Burlington Northern Santa Fe (BNSF) Railway are urgently calling upon the Federal Railroad Administration (FRA) to initiate unannounced focus inspections on all locomotives and rail cars owned and leased by BNSF Railway, and immediately issue non-compliance orders requiring BNSF to fix all found defects before being permitted to use such equipment, citing concerns over numerous defects that are allegedly being ignored and neglected by BNSF management.

The letter comes on the heels of BNSF’s recent announcement of over 362 furloughs in the shop craft unions, further exacerbating concerns over safety and maintenance practices. The defects and recent extreme cuts to the workforce pose serious safety risks to railroad operations and personnel.

Many furloughed employees may be forced to accept positions with lower pay and fewer benefits, potentially disrupting their lives and livelihoods.

In a letter addressed to FRA Administrator Amit Bose, the shop craft unions at BNSF highlighted their ongoing efforts to address safety and maintenance issues within the railroad industry. The letter referenced a meeting held on December 19, 2023, during which the shop craft unions presented evidence of significant workforce reductions within the mechanical departments of Class I freight railroads, including a staggering 41% decrease in employees since 2015.

Reports received by the shop craft unions indicate that BNSF managers that have been under pressure to perform work without an adequate number of workers, may have instructed workers to release locomotives and rail cars for service that have not been adequately inspected or repaired, effectively disregarding federally mandated safety inspections and fabricate of inspection reports, purportedly as part of cost-cutting measures aimed at maximizing shareholder profits.

“BNSF’s actions represent a reckless disregard for the safety and integrity of our nation’s railways,” said the shop craft unions. “BNSF has recently admitted in public filings that they would not be in compliance with federally mandated safety inspections, and we continue to be informed that BNSF has numerous FRA defects on their locomotives and rail cars. There is no shortage of profits for BNSF, and there is no shortage of work to be performed on BNSF equipment. There is simply an obscene shortage of workers and disregard for people at BNSF. By prioritizing cost-cutting over safety, BNSF is placing its employees and the public at risk. In light of these developments, we have urged the FRA to take immediate action to ensure the safety of BNSF operations. Random audits and focus inspections are essential to holding BNSF accountable and preventing further compromises to safety.”

The shop craft unions at BNSF are calling upon the FRA to prioritize the safety of railroad workers and the integrity of railroad operations by promptly conducting inspections of BNSF locomotives and rail cars located at or in transit to all BNSF Locomotive Maintenance Inspection Terminals (LMITs).

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The Shop Craft Unions are, in alphabetical order: The Brotherhood of Railroad Carmen Division, TCU/IAM (BRC), the International Association of Machinists and Aerospace Workers (IAM) , the International Brotherhood of Boilermakers (IBB), the International Brotherhood of Electrical Workers (IBEW), the National Conference of Fireman and Oilers, Local 32BJ/SEIU (NCFO), the International Association of Sheet Metal, Air, Rail and Transportation Workers Mechanical Department (SMART MD), the Transportation Communications Union (TCU) and the Transport Workers Union of America (TWU).

In May of 2023, SMART dealt a major blow to Union Pacific when, after four years, we successfully received an arbitration award that sustained our claim for protective benefits for five SMART Railroad, Mechanical and Engineering (RME) members that were furloughed by the carrier and replaced with contractors.

On October 1, 2019, Union Pacific sent a notice to SMART stating that it was furloughing nine employees working in the Water Service Department, and that the carrier intended to contract out the work. Union Pacific refused to follow the black letter of the collective bargaining agreement and instead arbitrarily selected which of the furloughed employees would receive protective benefits, denying benefits to others.

SMART filed a claim on behalf of the members that were refused protective benefits, and the case was heard before a Special Board of Adjustment in 2021. The claim was originally denied by the arbitrator; however, SMART asserted that the board’s decision was not based on the clear language of the agreement and filed a motion to vacate in district court. The court agreed with SMART and remanded the case back to the arbitrator, which meant going through the entire arbitration process a second time.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job. The money will go a long way.”

RME member Don Yei

The case was heard again in March 2023 — and SMART prevailed. Union Pacific was ordered to provide protective benefits to the members’ choosing based on the options set forth in the agreement. In total, these SMART members will receive more than $840,000 in protective benefits.

“Union Pacific is a huge railroad, and it fought hard to deny the members what was rightfully theirs,” said International Representative Joe Fraley, who handled the case. “But even when times got tough, the members had SMART’s back — and SMART had theirs. Together, we fought smarter, we fought harder, and we won. That’s what being SMART is all about.”

“I am honored and humbled to represent the members — the members are the real heroes here, and they deserve every penny that they will receive,” he added. “We would not have done it without all of us working together. We would not have done it without being SMART.”

For the victorious members, the case demonstrates the material difference of union solidarity.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job,” said RME member Don Yei. “The money will go a long way.”

During a financial secretary-treasurers meeting at SMART International headquarters in Washington, DC, several SMART Rail, Mechanical and Engineering (RME) Department members received their 15-year service awards. Pictured, left to right: Erik Marro from Local 31 (Harmon, New York); Rob Ussery of Local 78 (Little Rock, Arkansas); SMART International Representative C. Joseph Fraley of Local 31; Rob Kaminskey from Local 149 (New York City); and Arnold Fernandes from Local 139 (Boston, Mass.).