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"For us to get to this point that we could repeal right-to-work and get prevailing wage reinstated is a huge win for labor." — SMART Local 80 (Detroit) Business Manager Tim Mulligan Workers won a huge victory in Michigan in March 2023 month when the Democratic-controlled state legislature and governor kept their promises and repealed the state’s so-called right-to-work law, while also restoring prevailing wage legislation. Republicans passed right-to-work legislation in 2012, when they controlled state government. This forced unions to represent members who refused to pay union dues, and weakened our bargaining power. Since then, Michigan’s unionization rate has dropped significantly, and the state’s median wage has fallen below that of many other U.S. states. SMART members and union workers across Michigan worked tirelessly since 2012 to repeal the state’s right-to-work law.
Michigan Repeals Anti-worker “Right-to-Work” Law
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Michigan Repeals Anti-worker “Right-to-Work” Law

"I wasn't really sure what to expect. But after I got those first few paychecks as a second-year apprentice, my pay was about the same as I was making in the military as a specialist. And now that I'm a fourth-year apprentice, I'm making more than what I ever could have dreamed of." — Sean Thompson, SMART Local 66, Dupont, WA The SMART Heroes program graduated its 500th participant in March 2023, reaching this milestone in just over five years. The program provides accelerated sheet metal industry training, free of charge, to active-duty U.S. military men and women and recent veterans, helping them transition to family-sustaining, union careers once they leave military service. Learn more: https://www.smart-heroes.org
SMART Heroes, Veterans Celebrate 500th Grad Milestone
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SMART Heroes, Veterans Celebrate 500th Grad Milestone

"In those four cases, they found that [the owner of 360 Sheet Metal] owed over $200,000 in back wages to 20 workers and they assessed $115,000 in penalties for failing to pay prevailing wage in the shop." — Brian Noble, Business Manager, SMART Local 16 (Portland, Ore.) Wage theft and job misclassification are forms of exploitation that plague the construction industry, where far too many unscrupulous employers take advantage of employees. Across the United States and Canada, SMART is standing up for prevailing wages, battling wage theft and job misclassification, and helping workers get the pay and treatment they deserve. This video highlights recent victories by sheet metal workers in Washington state and Virginia.
Sheet Metal Union Wins Back Pay for Wage Theft, Job Misclassification
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Sheet Metal Union Wins Back Pay for Wage Theft, Job Misclassification

In a significant victory for SMART and freight rail safety, Ohio has become the ninth state to require a two-person crew on freight trains. The state legislation was passed on March 31, 2023. A few days before that bill was passed, SMART-TD Ohio State Legislative Director Clyde Whitaker testified before a U.S. Senate committee hearing that focused on conditions leading up to the February derailment and subsequent toxic chemical spills in East Palestine, Ohio, as well as the proposed Railroad Safety Act of 2023. "This derailment [in East Palestine] did not have to happen," said Whitaker. "And it makes it so much more frustrating for us to know that it was very predictable. And yet our warnings and cries for help over the last seven years have fallen on deaf ears. And the outcome was exactly as we feared. Now, the result is a town that doesn't feel safe in their own homes, businesses failing to survive and a railroad that prioritized its own movement of trains before the people in the community, as well as its workers." The committee also heard from Ohio Governor Mike DeWine, rail industry stakeholders and the state’s two U.S. Senators — Sherrod Brown and J.D. Vance. "Norfolk Southern followed the Wall Street business model: Boost profits and its stock price by eliminating over the last decade 38 percent of its workforce," said Sen. Brown. "These profits were spent on stock buybacks that benefit executives instead of iinvesting in workers and investing in safety. Instead, they compromise safety cut costs to boost profits, the communities along their route be damned View Whitaker's full testimony before the Senate committee here: https://youtu.be/kPQvTfk3Y8I
SMART-TD Testifies on Rail Safety, East Palestine at Senate Hearing
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SMART-TD Testifies on Rail Safety, East Palestine at Senate Hearing

As a result of massive investment and new megaprojects from companies like Intel, Honda and more – spurred in large part by federal legislation like the Bipartisan Infrastructure Law, the CHIPS and Science Act and the Inflation Reduction Act – the Ohio State Building and Construction Trades Council estimates that more than 115,000 union workers will work full time from 2023 to 2025. The enormous number of jobs on these projects opens a huge window of opportunity for sheet metal workers for years to come, for both current and future SMART members. North America’s Building Trades Unions (NABTU) highlighted these opportunities during a “Meeting the Moment” event in Columbus in March. The event featured leaders and members from across the trades. SMART Local 24 Journeyperson McKenzie Quinn joined elected officials and others to talk about one thing: The more than $155 billion worth of projects currently breaking ground in Ohio. "I am very excited about the big jobs that are coming up," said Quinn. "We have many opportunities that they offer for those who are willing to work, work hard and learn new skills."
Union Building Trades Highlight OH Megaprojects, Jobs
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Union Building Trades Highlight OH Megaprojects, Jobs

SMART Army activists with sheet metal and transportation locals across the United States and Canada rolled up their sleeves and mobilized to serve their communities throughout the month of April . We spoke with Johnny Walker, Secretary for the SMART-TD Maryland State Legislative Board, about work SMART members did at Curtis Bay Elementary School in Baltimore to help clear brush, put down mulch, clean up a garden area and paint inside the school. "It was overall a great opportunity for all of us to get together," said Walker, "and kind of take a break from what we do at transportation and, you know, really give back to the community." We also spoke with SMART Local 280 (British Columbia) Business Representative Jeff Lind and about how members of his local turned out for the Vancouver Steps For Life Walk, helping the event sponsors to raise a total of $66k towards helping families who have suffered a workplace tragedy.
April is SMART Army Month of Community Action
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April is SMART Army Month of Community Action

GP Sellers Reflects on SMART's Pension Progress
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GP Sellers Reflects on SMART's Pension Progress

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SMART released the latest episode of SMART News on Tuesday, May 2. Episode eight features videos on organized labor’s success repealing so-called right-to-work in Michigan; SMART Heroes reaching the 500th graduate milestone; victories against wage theft in Virginia and Washington; SMART-TD’s rail safety efforts in the U.S. Senate; SMART members’ retirement security; and much more.

Watch individual videos from this episode:

SMART Local 80 Business Manager Tim Mulligan detailed the “travesty” of Michigan Republicans passing right-to-work legislation and taking prevailing wage away from union members in the Wolverine State; he also explained how organized labor worked with pro-worker elected officials to restore full collective bargaining power and prevailing wage in March of this year.

“Local 80, 7, 292 and actually our Transportation Division, we came together as one to get rid of right-to-work,” Mulligan told SMART News. “The repeal of right-to-work and the reinstatement of prevailing wage is so important for Michigan as a state.”

Later in the episode, International Training Institute Administrator Michael Harris and SMART Heroes graduates Kevin Moore and Sean Thompson spoke about the impact that SMART Heroes has had on their lives – as well as the other 500 military servicemembers and recent veterans the program has graduated over the last five years.

“I was honestly a little bit shocked at the level of camaraderie and brotherhood [in the union], that mimicked what I had in the [service],” said U.S. Army veteran Moore.

In other segments, SMART locals detailed recent victories on behalf of workers harmed by wage theft and worker misclassification; SMART-TD Ohio State Legislative Director Clyde Whitaker testified for rail safety in front of the U.S. Senate Commerce Committee; Local 24 members highlighted enormous megaprojects and job opportunities in central Ohio; and members in Maryland and Canada talked about their work serving their neighbors during the SMART Army’s month of community action in April.

Finally, SMART General President Joseph Sellers reflected on the progress our union has made on pension strength and security, progressing from the red zone, to the yellow zone, and finally to the green zone in January of last year.

“I wasn’t quite sure that I, during my working career, would have the opportunity to see a green zone National Pension Fund,” Sellers said in his interview with SMART News. “That was a really good process for us.”

Watch all episode eight segments here.

Freight rail safety was the focus of the March 2023 episode of the Talking SMART podcast. SMART-TD Alternate National Legislative Director Jared Cassity and SMART-TD Government Affairs Rep. Daniel Banks joined the podcast to discuss the fight to improve freight rail safety at both the state and federal levels in the weeks following the disaster in East Palestine, Ohio. 

The East Palestine derailment and other well-publicized accidents since have made clear what SMART-TD and rail labor have been saying for years: So-called “Precision Scheduled Railroading” is bad for workers, the public and the environment.

“It speaks to the seriousness of the devastation that has been done to the railroad industry since the implementation of Precision Scheduled Railroading, and it speaks to the fact that our predictions are now coming into fruition. And it’s both a shame and a frustration, and – to be quite frank – a very anger-filled reaction for us,” Cassity said. “It’s shocking to see all these derailments take place. … All of these things can be brought back to Precision Scheduled Railroading and what it’s done.”

“We need to act in solidarity” on freight rail safety

Both Cassity and Banks emphasized the importance of pushing for freight rail safety regulation across the country. Federal legislation like the bipartisan Railway Safety Act of 2023 has already been introduced, along with bills in states across the country. Now, both guests said, SMART members, families and allies need to get involved and make sure the railroads and elected officials feel the pressure.

“We need the action. Today’s the day, and we need to capture the momentum – we need to act in solidarity,” Banks said, adding that members can get involved by texting “Rail Safety” to 67336 (message and data rates may apply).

Take Action Today to Support Freight Rail Safety!

“When it comes to combatting the railroads, what we need is membership engagement, membership interest, membership participation,” Cassity explained. “We need the members to win this fight … we have got to have the membership speaking, because they’re the constituents, they’re the influencers. The union is the voice of many, but we need the many voices to be speaking as one.”

At the end of this episode, SMART General President Joseph Sellers discussed what SMART is doing to recruit nonunion sheet metal workers and meet the workforce needs presented by megaprojects, infrastructure investment and more. Listen to the full episode here, or wherever you get your podcasts.

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.

Freight rail safety in the news

“From the Ballast” is an open column for SMART Transportation Division rail members to state their perspective on issues related to the railroad industry. Members of the union are encouraged to submit content by emailing to news_TD@smart-union.org. Columns are published at the union’s discretion and may be published in the SMART TD newspaper.

The term “getting railroaded” has its origins in the 1800s. Landowners would use it when the rail companies stole land in order to lay down new track. It has evolved these days to describe generally being cheated or bullied. Unfortunately, the originators of the term who perfected the practice are still bullying, but now it is focused on their own employees.

Today’s corporate railroads may not be stealing land, but they are stealing our jobs, our time and our safety. With Precision Scheduled Railroading (PSR), the number of railroad jobs has dropped 30%. Thousands of jobs were done away with even as we kept our country going through a pandemic. More were eliminated as the carrier executives chased an operating ratio that enriched the shareholders and railroad owners.

As headcount diminished, time was stolen as those still employed were forced to work more hours with new attendance policies that leave little time for family or rest. This led to a worker exodus that even further decreased employees and time.

This all resulted in workers’ safety being stolen. Pushing workers to the point of fatigue and making doctor’s appointments all but impossible to schedule have hurt workers’ health. Cutting inspection times and maintenance has led to more breakdowns and derailments. Growing train lengths have increased these dangers as well. In short, workers are all still getting railroaded.

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So, what do we do about it?

Some have conceded that these companies and their lobbyists are too powerful. This mentality is understood, but we’ve seen challenges like these defeated before. Child labor, segregation and unsafe working conditions were all beaten back by unions. There’s no doubt that the odds seemed insurmountable at the time and yet they overcame them.

They did this because they had one big thing going for them. They were on the right side. Well, so are railroaders. In the last few years, we have seen customers, the public, news media and even politicians from both parties start talking about the dangers of PSR and one-person rail crews. Five years ago, it was ridiculous to think that major media outlets would have reports on these issues or even be concerned about, but they have and they are and progress is being made.

This happened because railroaders spoke out. They wrote emails, met with representatives and even used social media to spread the word. If all of us, together, made an effort to do the same, we could win this battle.

So, please use the resources that are available — take some time and write an email to your representative. Talk with leaders at a City Council meeting. Make some handouts and pin them on a board. Go to a union meeting and suggest something to inform your community. Do some philanthropy and talk about railroad issues. Put up an informative table at a festival. Do something to fight back. It’s hard to quiet 100,000 voices ringing. Every person who learns about this corporate greed and corruption is another crack in their armor. It’s easy to give up, but let’s stand strong together and let them know that the days of getting “railroaded” are now over.

This article was submitted by an active member of SMART Transportation Division Local 445 (Niota, Ill.) who works for BNSF and chose to remain anonymous. We thank him for his submission and his continued advocacy in union matters!

Will Griffin (second from left) with his family and Vice President Kamala Harris

On Tuesday, April 12, SMART General President Joseph Sellers, Vice President Kamala Harris, Secretary of Labor Marty Walsh, AFL-CIO President Liz Shuler, Pennsylvania Gov. Tom Wolf and others rallied at the SMART SM Local 19 (Philadelphia, Pa.) union hall to publicize an important Department of Labor (DOL) initiative.

On April 8, the DOL Occupational Safety and Health Administration (OSHA) created a National Emphasis Program (NEP) on workplace heat hazards, launching a targeted effort to protect workers from the threat of heat-related illness which, as a result of climate change, has increased in 18 of the last 19 summers. Workers suffer more than 3,500 injuries and/or illnesses related to heat each year, with low-wage workers and workers of color disproportionately impacted. With the implementation of the NEP — which is effective starting April 8 and will remain in effect for three years unless canceled or extended — the DOL aims to protect workers in more than 70 industries, including those that employ SMART workers. Learn more at OSHA.gov/heat.

GP Sellers addresses the crowd at the Local 19 union hall in Philadelphia.

Facts on the NEP from OSHA:

The NEP is a nationwide enforcement mechanism for OSHA to proactively inspect workplaces for heat-related hazards in general industry, maritime, construction or agriculture operation alleging hazardous exposures to heat (outdoors and/or indoors).

  • This means that OSHA can now launch heat-related inspections on high-risk worksites before workers suffer preventable injuries, illnesses or fatalities.

The NEP encourages employers to protect workers from heat hazards by providing employee access to water, rest, shade, adequate training, and implementing acclimatization procedures for new or returning employees.

  • The NEP contains both enforcement and outreach/ compliance assistance components.

The NEP establishes heat priority days when the heat index is expected to be 80°F or higher. On heat priority days:

  • OSHA will initiate compliance assistance in the targeted high-risk industries.
  • OSHA will also continue to inspect any alleged heat-related fatality/catastrophe, complaint or referral regardless of whether the worksite falls within a targeted industry of this NEP.

OSHA will conduct pre-planned inspections in targeted high-risk industries on any day that the National Weather Service has announced a heat warning or advisory for the local area.

OSHA also recognizes that many businesses want to do the right thing by developing heat illness prevention plans to keep their employees safe.

  • On heat priority days, OSHA field staff will engage in proactive outreach and technical/compliance assistance to help keep workers safe on the job.
Vice President Kamala Harris speaking at SM Local 19.

In addition to the NEP, Vice President Harris, Secretary Walsh and President Shuler reaffirmed the Biden administration’s support for organized labor and working people across the country. Following an introduction by Local 19 third-year apprentice Will Griffin, in which he spoke about his journey in the trade and the benefits he’s experienced since joining SMART, Vice President Harris discussed planned improvements to schools and other local infrastructure using Bipartisan Infrastructure Law funding — improvements to be completed by members of organized labor, including SMART. “It will put thousands of union workers … and, yes, sheet metal workers, to work across the country,” Harris said.

“[The Bipartisan Infrastructure Law] will put thousands of union workers … and, yes, sheet metal workers, to work across the country,” Harris said.

“President Joe Biden and I are determined to lead the most pro-union administration in America’s history,” she added. “Because you see, we are clear and we know, each and every day in ways big and small, unions change lives. Unions negotiate better wages and safer working conditions for millions of workers around our country.

SMOHIT’s 2022 Safety Champions Conference is all virtual and will take place in your home or office.

This year’s conference theme is “Occupational Wellness” and focuses on the whole person — body, mind and spirit — in alignment with SMOHIT’s continuing mission to build and nurture a culture and climate of safety and health in the sheet metal industry. The conference is an excellent venue for sharing information, ideas and solutions that can be implemented at the local level right away. It creates a forum for dialogue and critical thinking about workplace mental health challenges and promotes help-seeking and help-giving, with an emphasis on suicide prevention.

The conference features interactive workshops facilitated by Phillip Ragain and Kevin Pope of the RAD Group; participation from a diverse group of attendees; skills development; a search for solutions to safety challenges in attendees’ areas; best practices; Safety Champion and Safety Design awards ceremonies; valuable raffle prizes; a gift welcome packet and much more. You must register by April 1, 2022 in order to receive your gift welcome packet.

Kevin Pope will also serve as keynote for the conference, speaking on the subject of lessons learned from leading high-performance teams. Pope is a retired 25-year Navy SEAL Master Chief with 11 international deployments, including eight combat tours. Throughout his career, he has managed the operational requirements for 8,600 personnel, including SEAL, SWCC, support technicians and civilian government employees deployed to 78 countries daily.

The conference is open to all SMART and SMACNA members in good standing.

For additional information and to register, visit https://us06web.zoom.us/meeting/register/tZItcOuvqDkuGN3rwTx3p4HEX0_0KCcHYitE.

Presented by SMART, SMACNA and SMOHIT

As more people are being diagnosed with COVID-19 or coronavirus, it is important to know who you have come into contact with on a daily basis. State health departments, employers and the infected themselves have been having a difficult time in determining and/or remembering who the infected person may have come into contact with in trying to trace possible infection vectors.
The Bailey Yard in Nebraska was one of the first railroad yards hit with the virus. As the first patient was identified and put into isolation along with other railroad employees who had come into contact with the patient, one thing became clear: not everyone who had come into contact with the infected person had been identified. As a second person was identified as having the virus, the same problem occurred.
“As vice local chairperson, I was getting calls from employees wondering why they weren’t notified as they had been in contact with one or the other of the positive people. I didn’t have an answer, and we discovered that the positive person bears the burden of knowing who they had been around and are asked this days after they’d been in isolation,” said Amanda Snide of SMART Transportation Division Local 200 in North Platte, Neb.
“We potentially come in contact with so many people during our shifts that it can be hard to keep track of who you were with on what days,” she said. “I have been sharing that I am personally keeping track of whom I’ve been in contact with during my shift. During interactions with other employees I explain why I’m writing their names down and encouraging others to do so.
“Whenever someone new calls to be assisted in the process of being taken out of service as they aren’t feeling well, I tell them to start making a list of who they have been around both at work and outside of work. For someone to have been in contact with a sick person, only to find out days after everyone else is pulled from service, would be a sickening feeling that you potentially spread this unknowingly.”
By taking Snide’s advice in writing down names and contact information, we can be sure that we know exactly whom we’ve been in contact with should the worst occur and then can more easily identify others who have come into contact with the virus.
Snide says that in addition to writing down names and contact information, she also takes steps to keep her family safe. Her work boots stay outside, and she doesn’t touch anything in her home until her work clothes are in the washing machine and she’s showered.
As COVID-19 has infiltrated the bus and rail industries, it’s important that members do their best to try to mitigate its spread. As Snide has suggested, we are recommending that all of our members write down who they have come into contact with each day and keep that list for at least a month. Doing so will help identify who may have been exposed if you come down with the virus.
We need to work together to keep ourselves and our union brothers and sisters safe. Another way is by reporting how your carrier is adhering to Centers for Disease Control and Prevention (CDC) protocols.
COVID-19 has hit the transit industry hard with hundreds of cases among passengers and workers alike reported through the media. Only a few cases have been reported on freight carriers thus far, but knowing the conditions that have been reported to the union and the delay by federal agencies to take action, the freight industry could be harder hit. The bus industry has started to report cases as well with Santa Monica’s Big Blue Bus just reporting two cases among their bus operators.
Please see this guide produced by OSHA on how to keep yourself and your co-workers safe, and be careful out there!

In May, the Federal Railroad Administration (FRA) withdrew its proposed rulemaking to require two-person crews on freight trains. The agency then went further and stated that all state laws concerning the subject were preempted by the ruling.
In response, SMART TD President John Previsich testified before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials in June at a hearing to address the FRA’s decision. In his statement, Previsich described the decision by the FRA as an abdication of its safety oversight duties.
In July, SMART Transportation Division further responded to the FRA by filing a lawsuit with the U.S. Court of Appeals Ninth Circuit Court, asking the court to overturn FRA’s ruling. According to Freightwaves.com, the states of Nevada, Illinois, Washington and California have joined in the fight for two-person crews as well. Nevada, Washington and the California Public Utilities Commission filed petitions with the Ninth Circuit court asking them to review FRA’s decision. Illinois joined the fight for two-person crews August 9, when the state’s governor signed a two-person crew bill into law.
At the SMART TD Regional Meeting in July in San Diego, President Previsich reiterated to members that the union would not take this decision lying down.
“There is going to be a big push coming. We are going to reach out to you when the proper time comes and ask for your assistance,” Previsich told attendees.
Click here to read more from FreightWaves.com.

The Rail Workers Hazardous Materials Training Program has announced they will be hosting four of their 40-hr Chemical Emergence Response class in October and during the first quarter of next year.
The classes are to be held Oct. 20-25; Jan. 12-17; Feb. 2-7 and Mar. 15-20, 2020 at the Val Jahnke Training Facility located at 8030 Braniff St., Houston, TX 77061. All classes are from 7 a.m. to 4 p.m. There will be a Sunday evening orientation at 5:30 p.m. the evening before each class starts. This class should only be taken every three years. Please do not register if you’ve done so in the past three years as space is limited.
The Rail Workers Hazardous Materials Training Program was originally funded in 1990 by the National Institute of Environmental Health Sciences (NIEHS) to provide hazardous materials training for rail workers. Since that time, over 27,000 workers have participated in NIEHS-funded training courses that address requirements of OSHA 1910.120 and DOT’s Hazardous Materials Regulations (49 CFR, Part 172, Subpart H). In 2008 the program received additional funding from the US Department of Transportation to conduct Hazardous Material Instructor Training courses.
The funding provides the following student expenses: travel, lodging and meals. In addition, an incentive of $175.00 per day is available to all training participants of these programs, except those who are able to secure regular pay through their employer, or are paid union officers.
Generally, rail workers do not have the same access to quality hazmat and/or basic safety and health training as workers in many other industries. Both FRA and OSHA share jurisdiction in regulating worker safety and health conditions on railroad property. This joint jurisdiction has generally not been integrated into employer-provided training for rail workers, leaving the majority largely untrained or undertrained to safely perform hazmat-related functions consistent with the requirements set forth by OSHA and DOT. This target population of approximately 150,000 conductors, engineers, brakemen, switchmen, carmen, signalmen, laborers, boilermakers, dispatchers, and maintenance of way workers is represented by the nine rail union affiliates of this cooperative effort
The goal of this training initiative is to provide rail workers with the skills and knowledge necessary to protect themselves, the community, and the environment in a hazardous materials transportation emergency. To achieve this goal, the Rail Workers Hazardous Materials Training Program provides rail workers, through quality hazardous materials training courses, the confidence in their knowledge and problem-solving skills to enable them to make the change for safer work conditions.
Much of the training is provided by peer instructors who are full-time rail workers — members and/or local officers of affiliated rail unions.
Click here to register.

On August 8, SMART Transportation Division submitted comments to the Pipeline and Hazardous Materials Safety Administration (PHMSA) regarding the proposal of transporting liquid natural gas (LNG) by rail.
In our comments, National Legislative Director John Risch recognizes the potential safety hazards associated with the transportation of LNG by rail, but also points out that the Federal Railroad Administration (FRA) has established safety protocols and procedures to transport it safely.
“Recognizing the safety hazards involved and the work FRA safety experts have already done on this issue, we support the transport of LNG by rail provided the conditions imposed by FRA in their November 2, 2015, letter of authority to the Alaska Railroad, and the restrictions contained in the March 3, 2016, letter to the Florida East Coast Railway are imposed,” Risch wrote.
Click here to read our full comments as well as the FRA letters mentioned above.