Tag: SMART Transportation Division President Jeremy Ferguson

Home>News>SMART Transportation Division President Jeremy Ferguson

SMART Transportation Division members represented by GO-953 who work on Union Pacific’s Eastern District, Pacific Northwest, and Idaho Territories ratified a crew-consist agreement that preserves the in-cab conductor position that had been at the center of a court battle and targeted by the carrier for transfer to a nomadic “expediter” role.

The three crafts participating in the vote approved the new contract with more than two-thirds (68.16% aggregate) voting in favor of ratification.

The ratified contract provides for:

  • 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 who have assignments abolished.
  • Continued use of brakemen/switchmen as needed.
  • No rules changes regarding switching between road and yard crews
  • Additional pay for assigned road and yard service performed with a reduced crew.
  • Expanded utility position that is paid $50.00 per hour and has a set schedule.
  • Overtime in pool freight.

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.

“This was a challenging process, but the result is a contract that our members found to be to their satisfaction,” Edington said. “The conductor’s role is preserved at least until the next round of Section 6 notices in 2024.”

SMART-TD Vice President Brent Leonard had this reaction to ratification of GO-953’s agreement: “This agreement serves to protect the train & yard service crafts and ensures these crafts as the crafts of the future. SMART-TD is the only transportation craft with agreements protecting their position now and into the future and does so without tying their position to that of another craft. Despite the efforts of outsiders who tried to prevent train & yardmen from becoming the highest-paid railroad craft employees, SMART-TD members recognized their value and secured their future. I commend the SMART-TD members for recognizing this and overwhelmingly ratifying the agreement. SMART-TD will continue to lead and secure the future for our members.”

When GC Edington made the vote count known, SMART-TD President Jeremy Ferguson reacted by saying, “I am very pleased by the membership’s decision to ratify this agreement that all of the involved SMART-TD officers worked so diligently on making the best possible agreement we can all be proud of, while securing our member’s future. All of their hard work proves why we’re the biggest, the best and the first. Failure of the agreement would have led to a reopening of mediation over the carrier’s prior Section 6 notice and exposed the conductor’s position to the potential ‘redeployment’ that Union Pacific had sought.”

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.

For immediate release 
March 1, 2023 
Phone: (216) 228-9400  
Department email: news_td@smart-union.org   

“This legislation goes a long way toward protecting American families and communities while fortifying the rail industry to be sustainable and safe long into the future. The voices of SMART-TD’s brothers and sisters have been heard by these senators and are echoing through the halls of the United States Congress.” 

INDEPENDENCE, Ohio (March 1, 2023) — Jeremy Ferguson, president of the International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division (SMART-TD), is calling for national support of The Railway Safety Act of 2023, a bipartisan bill that acknowledges the real-world conditions that shape the day-to-day safety concerns of the railroad workers who haul America’s freight.  

U.S. Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Bob Casey (D-Pa.), John Fetterman (D-Pa.), Marco Rubio (R-Florida) and Josh Hawley (R-Mo.) have listened to the concerns of their constituents and put forward a comprehensive package in the Railway Safety Act that lives up to its billing — prioritizing the safety concerns expressed by the public and rail worker alike. In this bill, they give credence to the common-sense safety measures that our union and others in rail labor have advanced for years. 

“The provisions in this act add up to the end of the era of Precision Scheduled Railroading (PSR) and attempt to take back control of our nation’s supply chain from Wall Street’s ‘profit at any cost’ mentality. It offers a chance for the nation to make the giant rail corporations take rational measures to get the industry to do what it’s designed to do — move freight through our nation safely and efficiently and be an example for the rest of the world to model,” President Ferguson said. “SMART-TD is proud to support this bill and its efforts to bring about generational changes in this country and to take a major step to stop PSR. We will work tirelessly with this team of like-minded Senators to realize their vision for a safer and stronger rail industry.” 

The safeguards offered in the bill include, but are not limited to: 

  • A nationwide mandate for well-trained two-person crews on all freight trains; 
  • Restrictions on train length and weight; 
  • Regulations on the installation, frequency, upkeep, and response to wayside defect detectors; 
  • Speed restrictions; 
  • Drastically increased fines for rail companies and management employees who do not adhere to rail safety protocols; 
  • Universalized track maintenance standards; 
  • Universalized rail-car maintenance standards; 
  • Higher standards for tank cars carrying hazardous material; 
  • Emergency response plans for carriers and communities; 
  • Phasing out of rail cars that do not meet strengthened safety requirements; 
  • Annual government audits of rail carriers to validate compliance to new heightened safety standards. 

“Hedge fund management of rail companies and their PSR strategy have careened the United States rail industry into a dark and dangerous place in the last six years. This bill has the potential to put safe operations into its rightful place as the gold standard in railroading and not what the next quarterly report can bring. We owe it to the people of East Palestine, Ohio, and to all communities that have railroad tracks running through them to have members of Congress do the right thing — to support this bill and insist that it makes it to President Biden’s desk without being watered down by negotiations or the special interests that will seek to stop it and claim that it is too ‘burdensome’ for a highly profitable industry to implement,” Ferguson continued.  

A recently released Ipsos-USA Today poll shows that 53% of Americans believe that strengthened rail industry safety regulations could have prevented the disaster in East Palestine, Ohio. 

Read the text of the bill

Fact sheet about the bill

### 

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.

If you’re interested in speaking more about the Railway Safety Act of 2023, PSR, East Palestine, rail safety, and the next steps for the rail industry, we’d be happy to connect you with:  

SMART Transportation Division President Jeremy Ferguson 

President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mic., was elected president of SMART’s Transportation Division in 2019.President Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the recent national rail negotiations for the union with the nation’s rail carriers. 

SMART Transportation Division National Legislative Director Gregory Hynes 

Greg Hynes is a fifth-generation railroader and was elected national legislative director in 2019. Hynes served on the SMART Transportation Division National Safety Team that assists the National Transportation Safety Board with accident investigations, from 2007-2014. In 2014, he was appointed to the Federal Railroad Administration’s Railroad Safety Advisory Committee (RSAC), which develops new railroad regulatory standards. 

SMART Transportation Division Alternate National Legislative Director Jared Cassity

Jared Cassity was elected by his peers in 2019 and currently serves as the Alternate National Legislative Director. In addition to his elected roles, Cassity has also been appointed as the union’s chief of safety, serves as the director for the SMART-TD National Safety Team (which assists the NTSB in major rail-related accident investigations), is SMART-TD’s voting member on the Federal Railroad Administration’s C3RS Steering Committee, and is the first and only labor member to ever be appointed to the Transportation Security Administration’s Surface Transportation Safety Advisory Committee. 

SMART Transportation Division President Jeremy Ferguson issued the following statement on Feb. 21:

“The greatest threat to the American railroad industry and the communities with which it intersects is Precision Scheduled Railroading (PSR). The changes PSR has brought since its inception in 2017 have only served to make executives and Wall Street shareholders richer, while the risk to employees and the public has become greater.

“The derailment that occurred in East Palestine was predictable and preventable. Unfortunately, financially driven equations, like the operating ratio, have caused rail carriers to abandon fundamentally sound practices for haphazard, inherently dangerous, impetuous movements of freight and locomotives across America’s rail system — all in the pursuit of increasing the bottom line. This is neither responsible nor sustainable, and we are now seeing the reality of this fact coming into fruition.

“Because of PSR, we find ourselves in an era of exponential increases to train length, less consideration to train make-up or construction, the desire to reduce crew size and introduce automation, the reduction in frequency and quality of inspections to equipment and infrastructure, and the permissibility of railroads to self-report and self-police — none of which are consistent with safety.

“Now is not the time to introduce more technology but rather to focus on the fundamental changes needed to reverse railroading’s dangerous trajectory. Now is the time to put an end to PSR.

“While our hearts break for the people of East Palestine, Ohio, we are thankful that our calls for meaningful oversight are finally being heard. We look forward to working with President Biden and the Department of Transportation to get this right. The catastrophe in Ohio and Pennsylvania demands that we get this right.

“We stand willing and ready to do just that.”

Secretary Buttigieg’s letter is available here.

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.

Jeremy Ferguson, President, SMART Transportation Division and Dennis Pierce, President, Brotherhood of Locomotive Engineers and Trainmen, Teamsters Rail Conference, on move announced by the nation’s largest railroads to further abuse shippers and gridlock the supply chain in order to extort a contract settlement from rail unions:

CLEVELAND — Late on Friday, September 9, the nation’s largest railroads began warning major shippers that they are declaring an embargo on certain types of new shipments five days in advance of the end of the federally mandated cooling-off period at 12:00 AM EDT September 16. They further advised that all rail shippers could be blocked from making any rail shipments well in advance of next Friday’s deadline for a lockout or strike. This completely unnecessary attack on rail shippers by these highly profitable Class I railroads is no more than corporate extortion.

Our Unions remain at the bargaining table and have given the rail carriers a proposal that we would be willing to submit to our members for ratification, but it is the rail carriers that refuse to reach an acceptable agreement. In fact, it was abundantly clear from our negotiations over the past few days that the railroads show no intentions of reaching an agreement with our Unions, but they cannot legally lock out our members until the end of the cooling-off period. Instead, they are locking out their customers beginning on Monday and further harming the supply chain in an effort to provoke congressional action.

The railroads are using shippers, consumers, and the supply chain of our nation as pawns in an effort to get our Unions to cave into their contract demands knowing that our members would never accept them. Our Unions will not cave into these scare tactics, and Congress must not cave into what can only be described as corporate terrorism.

Rather than gridlock the supply chain by denying shipments and potentially locking our members out next Friday, the railroads should work towards a fair settlement that our members, their employees, would ratify. For that to happen, we must make improvements to the working conditions that have been on the bargaining table since negotiations began. Penalizing engineers and conductors for getting sick or going to a doctor’s visit with termination must be stopped as part of this contract settlement. Let us repeat that, our members are being terminated for getting sick or for attending routine medical visits as we crawl our way out of a worldwide pandemic.

No working-class American should be treated with this level of harassment in the workplace for simply becoming ill or going to a routine medical visit. Sadly, the Presidential Emergency Board recommendation got it wrong on this issue. As we have said from the day that they were implemented, these policies are destroying the lives of our members, who are the backbone of the railroad industry.

These employment policies have forced thousands of employees out of the industry and make it all but impossible to recruit new workers. With understaffed operations, these railroads abuse their best customers by refusing to provide deliveries consistent with their legal obligations. These self-appointed titans of industry complain constantly about government regulation and interference — except now when it comes to breaking the backs of their employees. It’s time for the federal government to tell the CEO’s who are running the nation’s railroads into the ground that enough is enough. Congress should stay out of the rail dispute and tell the railroads to do what other business leaders do — sit down and bargain a contract that your employees will accept.

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The following is a statement from SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce.

CLEVELAND, (September 2) — As we approach Labor Day 2022, our Unions stand at a crossroads. While our normal messages heading into one of the most important days for Organized Labor would be about Labor’s proud history of improving the lives of working-class Americans, we are embroiled in the ongoing effort to obtain a National Freight Agreement worthy of our members’ consideration.

We know there are vastly different opinions amongst our collective memberships on what should happen next, and the democratic principles that drive our Unions give each member the right to their own opinion. Although current opinions may vary, there are other things that apply equally to us all.

It has become clear in our post-Presidential Emergency Board (“PEB”) negotiations with the rail carriers that they are counting on the Federal Government to come to their aid if we are unable to reach a Tentative Agreement, and so far, we have not reached an Agreement. The same rail carriers that complain about government intervention when the Federal Railroad Administration proposes a rulemaking on crew size, and also shudder at the thought of the Surface Transportation Board issuing regulations that would help shippers, now all but hide behind Congress, refusing so far to negotiate terms our members would accept and ratify. While there are no guarantees for either side as to what Congress might do if they are involved, there is no doubt that the rail carriers expect Congress to intervene to save them from dealing fairly with their employees if there is a job action; Union Pacific CEO Lance Fritz so much as publicly said that earlier in the week.

It is also clear that SMART-TD and BLET have been carved out from the rest of Rail Labor as we were the only Unions that the carriers insisted upon work rule changes from throughout the PEB hearing. Our Unions’ members have also borne the brunt of inept crew management, life-changing attendance policies, and working conditions over the past years that are making it all but impossible for rail carriers to hire and retain operating employees. As such, SMART-TD and BLET members are situated differently at this stage of the negotiations than the members of most of the other Rail Unions.

Knowing that, we should not fault the Unions who have decided to allow their members the right to decide their own fate through a ratification vote. As we reach the end of the Railway Labor Act negotiating process, all of our contracts will soon be settled, one way or the other. Allowing the membership to decide how that happens is at the very core of the labor movement, and our Unions will not interfere in the decision by other Rail Unions to vote upon a Tentative Agreement based upon the PEB’s recommendations.

Instead, we will continue to concentrate our efforts on obtaining Tentative Agreements for our members that are worthy of their consideration. Our goal is to reach an agreement that could be ratified because SMART-TD and BLET members also have the right to control their own futures through the democratic principles that give them the right to vote on and approve contracts.

One thing is now certain, obtaining such an agreement would be much more likely if Congress took a long Labor Day break and allowed the parties to work out their issues without intervention from the Federal Government. While we know that many SMART-TD and BLET members would like to strike their carriers for any number of reasons, it should not take a job action to reach an agreement worthy of their consideration. We call on Congress to stay out of our dispute, and if you do, we are confident that the rail carriers will move from their current positions and settle with their employees in a fashion that could be ratified.

Wishing you all a safe and healthy Labor Day,

President Jeremy Ferguson, SMART-TD

President Dennis Pierce, BLET

CLEVELAND, Ohio (March 7, 2022) — In conjunction with the Transportation Trades Department, AFL-CIO (TTD), the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) urge all members to engage in a petition drive to bring attention to the draconian and punitive attendance policies that have forced rail workers to live in constant fatigue.

This effort comes simultaneously with a letter by AFL-CIO TTD President Greg Regan to the federal Departments of Labor and Transportation in support of both unions’ request in late January for an investigation into all rail carrier attendance policies, not just BNSF’s recently imposed “Hi-Viz” policy that has sparked outrage among all affected employees.

The petition is available here.

“We speak with one voice, shoulder-to-shoulder, in saying enough is enough. Congress must act to end these unsafe and life-sapping policies that punish workers with job loss. These severe and excessively harsh policies also penalize families by taking away what precious little time they have with their loved ones, leaving them dead tired and drained,” SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce said. “We thank TTD President Regan as our organizations continue to oppose draconian carrier attendance policies, such as the BNSF ‘Hi-Viz’ policy. These policies are clearly designed to further maximize carrier profits at the workers’ expense. Our unions will work jointly with TTD to raise awareness of these issues; they have gone unchallenged by our legislators and regulatory agencies for much too long.”

A case in point— according to a report in Business Insider published on March 4, five Democratic political leaders want an investigation by the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) into Amazon’s attendance policies, and we have one question for them:

When do railroad workers get their turn?

Warren Buffett, while not as rich as Jeff Bezos, was crowing about BNSF’s record 2021 profits. It just so happens that his railroad, which happens to be the largest in the nation, imposed the draconian and punitive “Hi-Viz” policy that is absolutely in line with what Amazon is doing — points, permanent records and punishment for people if life gets in the way of work. Other Class I railroads have similar attendance policies. All of these need to be examined closely so that all workers receive the stable work-life balance that they DESERVE.

We’ve seen members’ posts on the internet, we have taken the calls and we have read and responded to the emails from our memberships. This is a top priority for SMART Transportation Division and BLET leaders. We need to work together and unite for a positive change instead of directing anger and discontent inward. As we continue to work with our elected leaders for the same help and support, it stands to reason that we will be reminding Senators Elizabeth Warren, Bernie Sanders and Richard Blumenthal as well as Representatives Alexandria Ocasio-Cortez, Cory Booker and Cori Bush that they should push for answers from BNSF and other railroads with the same energy and focus that they are placing on Amazon.

###

The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.