Tag: tentative agreement

Home>News>tentative agreement

Momentum is a powerful force. Right now, it is on rail labor’s side and our leadership is doing a great job of using it to the advantage of our membership. Monday, May 22, Joe Bennett, general chairperson of GO-851, and Brian Killough, general chairperson of GO-513 announced a tentative agreement with CSX to grant paid sick leave to its members.   

This announcement continues the progress that has been made by their counterpart in the northern region of CSX (GO-49) and by the general committees of Norfolk Southern. Paid sick leave has been the goal of railroaders for generations. It is not only the quality-of-life issue that defines our industry but also a validation of the dignity of our profession. Not only were Brothers Bennett and Killough able to get paid sick leave in this tentative agreement, but they were able to gain traction in several other areas as well.   

The tentative agreement synopsis is as follows:  

  • Provides five paid sick with the option to convert two personal days to paid sick days for conductors and trainmen. 
  • Unused sick days are converted to cash at the end of the year with the option to defer those payments into a 401(k).  
  • Incorporates the current 2023 CSX Revised Attendance Policy (the most lenient policy at CSX in decades) as a component of the CBA and is only subject to amendments under the provisions of the Railway Labor Act.  
  • Allows conductors to carry over up to 100 personal days from year to year rather than carrying over just 30 and losing the rest.  
  • Provides improved work/rest initiatives with the formation of a Joint Labor/Management Committee to implement “Smart Rest” options, which could provide for up to 24 hours off between tours of duty and voluntary rest day schedules.  
  • Reintroduces the safety boots program for trainpersons.  
  • Allows local union officials to be reimbursed for lost earnings when they mark off for vacation scheduling rather than just a basic day’s pay rate.  
  • Permits train service employees, when practicable, to drive themselves or their own crew within defined terminal switching limits under limited conditions.  

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

Brother Killough was quick to give credit for this TA coming together to SMART-TD Vice Presidents J.D. (John) Whitaker and Jamie Modesitt.   

“Brother Whitaker did a great job taking the lead on these negotiations, and Joe and I are excited about the end results. Not only did our team put us in a position to get the paid sick time our people need and deserve, but we got CSX to put the attendance policy into the Collective Bargaining Agreement,” Killough said. “That is a way bigger deal than most people realize. They can’t make a unilateral change to the attendance policy if this passes, and you can’t put a price tag on that kind of progress.”  

Bennett also brought the attendance policy up while he was discussing the advantages of this TA.   

“I’ve been working for CSX since 1998, and in the span of my career, they have had 4 or 5 different attendance policies. Each one was worse than the one it replaced,” he said. “Now we put ourselves in a good situation where they can’t just change our lives by simply sending out a system bulletin.”  

Another item in the agreement that both GCs brought up was the reinstatement of the boot program.   

“When CSX stopped providing safety boots for our men and women, it made a statement. It couldn’t have been a big enough expenditure to have made a real difference to them, but the money and implied downgrade in respect meant a lot to our guys,” Bennett said. “Hopefully, CSX agreeing to reinstate the program is just as good of an indicator of what is on the horizon as losing it was.”   

The boot program’s discontinuation was one of the first moves CSX made as E. Hunter Harrison embarked on implementing Precision Scheduled Railroading.  

Both Bennett and Killough went out of their way to point out that this tentative agreement is not written in stone. Bennett wanted it known that “We worked long and hard on forming this agreement and getting our members the paid sick time they obviously deserve, but it is up to individual locals to vote on whether or not this agreement gets ratified.”  

Per the SMART Constitution, each Local chair will be given the opportunity to cast a ballot, and the fate of this agreement will be decided by a simple majority of this vote.   

Both GCs have reached out to the locals they represent and provided the language of the tentative agreement. They are working to schedule conference calls with their local leaders in hopes of answering any questions they might have and ensuring that accurate information is being provided to the crew bases so they can make their decisions based on facts.  

SMART-TD is grateful to the leadership of Brothers Bennett and Killough for getting this agreement to this point. They have not only made us proud but have made strides to improve the lives of the SMART members they serve. We encourage all the members of these two general committees to read the agreement in its entirety and let your voices be heard in your local meetings. This union is in place to represent you. For SMART-TD to function properly, it requires that you take an active role, especially in matters of this level of importance.  

Tentative agreement includes scheduling, paid sick leave

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

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

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

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

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

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

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

###

About Norfolk Southern

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

About SMART-TD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On Thursday, March 23 – after 15 months of negotiations – the TCU & Shop-Craft Coalition reached a tentative agreement with Amtrak to settle each organization’s respective Section 6 notices for this round of bargaining. The coalition is comprised of the SMART Mechanical Department (MD), the Brotherhood of Railway Carmen (BRC), National Conference of Firemen & Oilers SEIU 32BJ (NCFO), International Association of Machinist and Aerospace Workers (IAMAW), Transport Workers Union (TWU), American Railway Airline Supervisor Association (ARASA), International Brotherhood of Boilermakers (IBB) and the Transportation Communications Union (TCU).

“We appreciate the patience of our members, and we will be providing all the details of this great agreement,” the coalition said in a press release announcing the agreement.

The specific terms of the agreement have been approved by the Amtrak Board of Directors; the details will be presented to SMART MD members for ratification in the coming weeks. This article will be updated.

Dear Brothers and Sisters:

As you are undoubtedly aware, voting on the 2022 Tentative Agreement concluded yesterday evening at 11:59 p.m. Eastern time. I would like to sincerely thank each and every member who exercised their right to participate in this ratification, regardless of how you voted. While the final outcome is somewhat disheartening, I am proud to say that SMART-TD members turned out in record numbers, and your voices have been heard.

Before addressing the ratification vote results and our next steps, it is important to note that Article 21B, Section 91, of the SMART Constitution pertaining to national contract ratifications states, in pertinent part:

“A majority of the members voting of each of the crafts to be covered or affected by the terms of the proposed agreement shall be required to ratify the offer of settlement.”

This requires that each historic craft we represent (e.g., Conductors, Engine Service, Brakemen, Yardmen) must ratify for an agreement to ratify. 

It is also important to note that there are two separate agreements covering the affected SMART-TD members. Document “A” applies to members working in the crafts of Conductor, Engine Service, Brakemen, and Yardmen (collectively referred to as the “operating crafts”), while Document “B” applies specifically to Yardmasters. With that being said, the final results of SMART-TD’s ratification vote are as follows:

CraftIn FavorOpposedResult
Conductor50.8%49.2%Pass
Engine Service50%50%Tie
Brakemen50.2%49.8%Pass
Yardmen39.8%60.2%Fail
Yardmaster62.5%37.5%Pass

As a majority of the members voting of each of the operating crafts did not approve the 2022 Tentative Agreement, Document “A” has failed ratification. As a majority of Yardmasters approved the 2022 Tentative Agreement, Document “B” is ratified, effective November 21, 2022.

With respect to the operating craft members outlined above, SMART-TD has entered a cooling-off period that extends through December 8, 2022. The National Carriers’ Conference Committee (NCCC) has already indicated to us that they do not intend to engage in further bargaining over these issues. This has been their behavior to the other unions that have failed to ratify during this round of bargaining. Nonetheless, SMART-TD’s negotiating team will return to the table and invite the NCCC to reopen good-faith negotiations during this period.

If the cooling-off period expires and an improved Tentative Agreement cannot be reached, self-help will be available commencing at 12:01 a.m. Eastern time, Friday, December 9, 2022. There will be no need for this office to conduct another vote seeking strike authorization, as the results of our July 2022 polling and the unanimous approval of the affected General Committees of Adjustment still apply.

Please note that this letter does not automatically constitute authorization to engage in self-help. Final authorization will come in a separate notice from this office. The earliest such notice could be issued would be on or after 12:01 a.m. on Friday, December 9, 2022. However, there is a distinct possibility that Congress may pass legislation to resolve this dispute and/or impose an agreement prior to the expiration of our current cooling-off period. In that event, no self-help authorization can be issued.

As additional information becomes available, updates will be shared with all SMART-TD members via email, the SMART Union website and Transportation Division social media pages.

With best wishes and sincere gratitude for your continued support, I remain

Fraternally yours,

Jeremy R. Ferguson
President – Transportation Division

Follow this link for a printable version of this letter.

Balloting to have your voice heard on the tentative National Rail Agreement (TA) closes 11:59 p.m. Eastern TONIGHT, Nov. 20, 2022.

We thank all of the members who have participated thus far by casting your vote. For those who have not yet voted, we wanted to provide a one-stop source of information that can be referred to prior to the close of balloting at 11:59 p.m. (Eastern) Sunday, Nov. 20, 2022.

Video of the Nov. 9 town hall meeting in Ohio.

BE INFORMED BEFORE DECIDING: Transportation Division President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce engaged in a candid, in-depth town-hall meeting with members of both unions Nov. 9 and fielded questions regarding all aspects of the TA. Please see above to watch.

IF YOU HAVE NOT RECEIVED A BALLOT: Ballots were mailed to the addresses that the union had on file for eligible members via USPS first class mail two weeks ago. If you have not received your ballot and you believe that you are eligible to vote, please contact the SMART-TD office and submit your request for a replacement ballot. For the quickest response, requests may be submitted by emailing ContractQuestions@smart-union.org. Replacement ballot requests may also be submitted by calling (216) 227-5424. When submitting your request, please provide your full name, home address, last 4 digits of your Social Security number and date of birth. Once your identity and eligibility are confirmed, you will be provided with the pertinent materials and instructions to cast your vote.

REGARDING H&W: Payment rates for the plans have been announced, pending ratification.

PLEASE REMEMBER THAT YOUR VOTE COUNTS! To have a say on this TA, all eligible members are encouraged to exercise their democratic rights as a member of our union.

INDEPENDENCE, Ohio, November 11 — At a November 9 Town Hall meeting, SMART Transportation Division President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce discussed the tentative National Rail Agreement with dozens of members from both unions.

A video recording of the Town Hall (approximately 1 hour and 45 minutes) is available on the BLET and SMART TD websites.

ATTENTION: ALL SMART-TD RAIL MEMBERS SUBJECT TO NATIONAL HANDLING

Ballots have been sent out to all eligible SMART-TD members for voting on the 2022 National Rail Tentative Agreement. A PDF synopsis of the Tentative Agreement can be found here, and a full PDF copy of the Tentative Agreement can be found here.

As required by SMART Constitution Article 21B, Section 91, ballots were mailed via USPS first class mail to all eligible members at their last known address. Over the next several days, members will begin receiving ballot packages in standard #10 size envelopes containing information about the 2022 Tentative Agreement, a unique 12-digit access code and detailed instructions for casting telephonic votes using the BallotPoint election services voting system.

Voting on the 2022 Tentative Agreement closes on Sunday, November 20, at 11:59 p.m. ET. Tabulation will occur and results will be announced on Monday, November 21.

To be eligible to vote, members must be employed by a carrier that is fully involved in national handling, and they must be actively working in one of the crafts covered by the tentative agreement (conductor, engine service, brakeman, yardman or yardmaster). Members who are employed by carriers that are partially subject to national handling (i.e., H&W only, or H&W and wages only) and members who are not working for any reason including sickness, disability, furlough, suspension and dismissal (commonly referred to as “E-49” members) are not eligible to vote.

If you are a SMART-TD member who meets the above eligibility requirements and you have not received your ballot by the week of November 7, you may contact the SMART-TD office by emailing ContractQuestions@smart-union.org, or by calling (216) 227-5424. In doing so, please provide your full name, home address, last 4 digits of your Social Security number and date of birth. Once your identity and eligibility are confirmed, you will be provided with a telephone number and a unique 12-digit access code to cast your vote.

SMART-TD URGES ALL ELIGIBLE MEMBERS TO EXERCISE THEIR DEMOCRATIC RIGHTS BY VOTING ON THIS TENTATIVE AGREEMENT.

ABOVE: Video from SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce explaining the National Rail Tentative Agreement.

Timeline showing the development of the National Tentative Agreement (PDF).

The 2022 Tentative Agreement (TA) documents for Transportation Division members under national rail contract handling are available to be reviewed through the SMART Member Portal.

Both PDFs of the TA (with rate tables to be added) and the Questions and Answers that accompany it are ready for members to read and to seek clarification about prior to filling out ballots, which are to enter the mail system next week, kicking off the 21-day voting period.

It goes without saying that it is of the utmost importance that each member takes the time to read these documents. If you are having difficulty in accessing the documents or have questions, please contact your local leadership.

This agreement will set the table for our members’ financial security and quality of life for five years, and it is important to do a thorough review of the TA before making your voice heard through the ballot process.

It has been a long and difficult path to get to the point of having an agreement for rail labor to consider. This most important part of the process is up to each of you.

SMART Transportation Division President Jeremy Ferguson, right, appears on Episode 5 of the Between the Rails podcast with host Jon Chaffin of Local 1313, left.

SMART Transportation Division President Jeremy Ferguson appeared in a joint video with Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce on Oct. 7 with both presenting facts regarding the Tentative Agreement (TA) being considered by rail labor.

President Ferguson also answered additional questions regarding the TA on a pair of episodes of the Between the Rails podcast over the weekend as well.

The joint video with the BLET can be seen here.

The first episode of Between the Rails that President Ferguson appeared on is available here.

The second episode of Between the Rails featuring President Ferguson is available here.

As of 11:59 p.m. Eastern on Friday, Oct. 7, the 15-day question-and-answer submission period concluded. The next steps in the process of considering the agreement will consist of meetings between legal representatives of both SMART-TD and the carriers that will address the questions posed by members and their General Chairpersons, and then coming to agreed-upon interpretations to answer these questions.

The completed Q&A document will be released in conjunction with the full text of the TA prior to the start of the 21-day TA balloting period toward the end of October.