Tag: Transportation Division President Jeremy Ferguson

Home>News>Transportation Division President Jeremy Ferguson

Brothers and Sisters of our unions:

Presidential Emergency Board (“PEB” or “the Board”) 250 conducted hearings in Washington, D.C. this past week, concluding on July 28th. We both were honored to represent our unions and, by extension, the memberships of the dozen strong United Rail Unions as we presented and testified in support of our unified case to the PEB. We are sharing this joint message to ensure that our members are up to date on all of the bargaining round issues.

For the first time in history, the 12 United Rail Unions, representing 115,000 members in every craft in the industry, presented a unified case on wages, healthcare, sick leave and holidays to the Board. Also for the first time in history, SMART-TD and BLET presidents made joint presentations on our unions’ proposals to eliminate carrier-imposed attendance policies, provide for voluntary rest days for road crews, and to increase away-from-home terminal meal allowances. In addition, BLET Director of Benefits Dan Cook, who also serves as the Cooperating Railway Labor Organizations’ administrator, testified in support of the United Rail Unions’ unified Health and Welfare proposal and SMART-TD VP Brent Leonard testified in opposition to the crew consist issues that the carriers attempted to improperly raise in this proceeding.

At the conclusion of the first day of hearings on July 24, and in an effort to keep our memberships current on the status of the bargaining round, the United Rail Unions released summaries of our final proposals before the Board, as well as the carriers’ final proposals. Those proposals are still available on our union websites. We encourage all members to take the time to review them, and more importantly, realize just how far apart the two sides remain after more than two and a half years of negotiations.

As has been said since an update from the Coordinated Bargaining Coalition in January 2021 and in every update from rail labor since, it is also important to remember who is responsible for the absence of an acceptable National Rail Contract settlement. By reviewing the carriers’ final proposal presented before the PEB, it remains all too evident that they continue to refuse to make a realistic and worthy proposal that our voting members would ratify. That is why our contract dispute has reached a PEB, one of the final steps under the Railway Labor Act.

Regarding the unions’ final presentation before the PEB, it’s important to see how the union leadership arrived at their final proposal. Both parties served Section 6 notices in this round of bargaining at the start of negotiations in late 2019. Those notices are a mandatory starting point in the bargaining process, and generally include every item on which each individual union seeks to negotiate. As the parties negotiate, each side’s list of issues is prioritized to ensure that the most important ones are addressed in the ultimate contract settlement.

This bargaining round was no different. Based on membership feedback, several items were initially identified early on as key priorities including, increasing wages, rejecting concessions on healthcare, addressing unreasonable attendance policies and paid sick leave, and establishing predictable time away from work. The need for paid sick leave without penalty became even more evident with the pandemic and the manpower shortages caused by carriers’ continued mismanagement.

Leadership of the SMART-TD and BLET collaborated on presenting our craft-specific issues throughout negotiations and collaborated with our entire bargaining coalition on our shared issues. But, as is now obvious, the carriers refused to engage in meaningful bargaining on our most important issues. Multiple proposals were exchanged over these last two and a half years, including varying wage proposals, all in an effort to come to a voluntary agreement worthy of ratification by the membership.

Nowhere else was the distance between the sides more evident than in the discussion of wages. Contracts of both five- and six-year durations were proposed and discussed, driving differing values for the wage package. Our last unified wage proposal as we were released from mediation in June contained a six-year proposal with wage increases occurring July 1st of each year totaling 40%, with 36% of that payable in the first five years. In contrast, in January of 2022, the carriers’ proposed wage increase totaling 11% and their last proposal as we were released from mediation was a five-year proposal with wage increases occurring on July 1st of each year totaling 14%.

With a gap that wide, it was no surprise that voluntary efforts, as well as mandatory government-sponsored mediation, failed to reach an agreement. Once the parties were released from mediation, the United Rail Unions immediately began work preparing their final unified proposal to be presented to the PEB. That process included union leaders, the unions’ collective legal counsel, health care experts, and an expert economist. In the end, the unions agreed to present the summarized proposal shared with our memberships on July 24 at the close of the first day of hearings.

Before we get into the wage proposal numbers, it is important to understand the status of our negotiations as we went before the PEB. The PEB is not the start of negotiations. As explained above, the start of the negotiations happened when our lengthy Section 6 notices were served in 2019. Further, the PEB hearing is not a negotiation; it is an opportunity for both sides to present their final proposals, which must be supported with extensive economic data through live testimony. In this case, the hearing spanned five days, where both parties made presentations by expert witnesses to support their proposals. 

In crafting the unions’ final wage proposal, and knowing that those proposals had to be supported by our expert economist, an in-depth analysis was conducted — taking into account long-term wage growth, past and present, as well as increases in the cost of living for the years covered by the agreement. Consideration also had to be given to the financial value of the other non-wage proposals going before the PEB as part of crafting a final proposal that we believe the Board would recommend.

In the period between the close of NMB mediation in June and the PEB hearings in July, and after consultation with the unions’ economic expert, the unions determined that the wage proposal that could be best supported by our economic data was a final, unified proposal totaling a 28% gross wage increase (GWI), uncompounded, over five years. While some saw that move from our previous position of 36% over five years as too big, it is not certain that they understood the proposal’s other terms.

One other component of our final proposal was to move from the July 1 annual wage increase dates in our 36% proposal, to annual January 1 wage increases. The effect of this change is fairly simple math — paying each raise six months sooner doubles the value of each wage increase in the year it is applied.  In fact, on a base salary of $100,000, advancing the GWI schedule by six months each year generates additional compensation of over $15,000 during the term of the agreement as compared to July 1 annual increases. For someone with a base salary of $75,000, the advancement generates additional compensation of over $11,000 during the term of the Agreement — vastly reducing the financial gap between the 28% and prior 36% proposals. On the same base salaries, the unified proposal with the earlier effective dates would also generate in excess of $20,000 and $16,000, respectively, in back pay for the years 2020, 2021 and 2022. 

While we do not agree that it should impact the PEB decision, the history of wage increases in our National Agreements was part of the carriers’ presentation in opposition to not only our proposed wage increase values, but also against the earlier annual increase dates. That history is straightforward; no National Agreement in the past 45 years has included GWIs totaling over 18% for a five-year period. Regardless of that history, our economist clearly laid out the economic support for the 28% wage proposal presented to the PEB. 

Our health and welfare experts also made the case that no additional health and welfare costs should be pushed onto employees. We made the case for needed sick days and additional holidays for all involved Unions. We made a joint case for eliminating all non-negotiated attendance policies, allowing General Committees to serve notice to compel on-property bargaining for voluntary rest days, and improvements to our held away meal allowances.

All in all, the United Rail Unions made a sound, reasonable case before the PEB.  We must thank our team’s legal counsel, health care experts, expert economist and all of the witnesses who gave testimony on behalf of our United Rail Unions. In the coming weeks, we will receive the PEB’s recommendations for settlement of our dispute and then consider them.

While it was not possible, we also wish every member of every union could have attended the hearings before PEB 250 and to have had a chance to testify on their own behalf about the conditions, the struggles, and the situations that carriers have created for the people whose work brings them profit. Through their actions, and in the case of these drawn-out negotiations, their inaction, the carriers’ cavalier and pay-no-heed attitude toward our brothers and sisters who did the work through a pandemic, through job cuts and through an ongoing supply chain crisis could not be clearer. They do not care to either understand or respect their employees. Some of their assertions, such as how happy their employees are, were beyond belief — even to those of us that have heard their spin before. We refuted them all.

Following the recommendations of the PEB, the parties have another 30-day cooling off period to consider the recommendations and reach an agreement. If the carriers continue to refuse to make a ratifiable proposal, very critical decisions will have to be made during that period. As has been said time and again, do not listen to the carrier moles and trolls that attempt to blame this situation on the employees or their Unions. They are only attempting to divide us as we close in on the final months of this round of bargaining. Among our unions, our solidarity is our strength. Please do not allow those attempting to divide us to succeed.

In solidarity,

President Jeremy Ferguson

SMART Transportation Division

President Dennis Pierce,

Brotherhood of Locomotive Engineers and Trainmen

SMART Transportation Division President Jeremy Ferguson released the following statement on July 22, 2022, regarding the commencement of the Presidential Emergency Board:

Brothers and Sisters —

At 2:30 p.m. Sunday, July 24, 2022, Presidential Emergency Board 250 will convene in Washington, D.C. and proceed through Friday, July 29th, as the next step in the Railway Labor Act process.

We anticipate a fair and thorough series of hearings before the board, which consists of three qualified members. SMART-TD and the other rail labor organizations are prepared to present our best case to get a contract workers can be proud of after serving the nation through a pandemic and a supply-chain crisis. Carriers have enjoyed record and increasing profits through the hard work of unionized labor. This PEB gives us an opportunity to show the evidence that our toil should be rewarded.

Out of mutual respect for the process taking place, there will be no updates on the hearings, which will consist of daily sessions lasting anywhere from 10 to 12 hours, from either labor or the carriers once they begin. Until labor and the carriers have made their cases, SMART-TD will respect the authority of the PEB and comments will be reserved until after the PEB has released its recommendations.

That being said, the continued outreach and show of solidarity by not only SMART-TD members, but all of rail labor continues to fuel and motivate labor leaders through this arduous process. The silence need not extend to you. Any and all support is encouraged, seen and appreciated whether from rail workers, other branches of organized labor or from the public. Rail labor earlier this week received a letter of support from the International Longshore and Warehouse Union (ILWU) in which President Willie Adams and Vice President Bobby Olvera Jr. pledged solidarity to our organizations. We thank them for voicing their support and express our highest gratitude to our ILWU brothers and sisters.

Let’s continue the momentum as we move ahead!

In solidarity,

Jeremy R. Ferguson

President, SMART Transportation Division

SMART-TD President Jeremy Ferguson’s testimony before the House rail subcommittee: June 14, 2022.

WASHINGTON, D.C. — SMART Transportation Division President Jeremy Ferguson told members of the U.S. House Subcommittee on Railroads, Pipelines and Hazardous Materials June 14 that freight railroads’ unchecked lust for profits is placing the safety of workers and the public at risk while causing further disruption to the nation’s transportation system.

In this photo courtesy National Legislative Director Gregory Hynes, SMART Transportation Division President Jeremy Ferguson prepares to testify June 14 before the U.S. House Rail, Pipelines and Hazardous Materials Subcommittee.

“The rail carriers are hell-bent on risking further injury to their employees as well as the American public and supply chain infrastructure by reducing or eliminating altogether the two crew members that control train movement in the cab of the locomotive,” President Ferguson said after detailing the accidents and injuries suffered by members in the period after he assumed leadership of the union. “Safety is not, nor should it ever be, negotiable.

“I assure you, accidents are occurring on short lines and yard jobs that operate with less than a two-person crew, but the rates and/or trends cannot be identified because the information is not captured,” he said. “In other words, the railroads have no idea what would happen if they reduced crew size, but it’s a gamble they’re willing to take for the sake of satisfying their insatiable appetite of improving their companies’ bottom line.”

Among the perils — a “steady, consistent and frightening trend” of railroads during their adoption of Precision Scheduled Railroading (PSR) of chopping their workforce, lengthening trains and focusing solely on profits at the cost of safety and service, Ferguson said. As a result, institutional knowledge also is walking out the door, leaving what was once “the premier blue-collar job” in the country struggling to find workers thanks to carriers’ adversarial measures toward employees, such as BNSF’s“Hi-Viz” attendance policy.

Statistics show that from 2020 to 2021 accidents and employee injuries both increased, Ferguson said. PSR’s penchant for long trains also has made workers’ jobs more difficult and less safe — increasing in-train forces that complicate train operations and exceeding the working range of hand-held radios. Communities are not immune from the effects as well — blocked crossings have disrupted local traffic patterns and hampered emergency services.

“Make no mistake, it’s railroad greed that I believe that has caused this committee to call us to be here today,” President Ferguson said. “I’m on record saying that the railroad industry is going to end up like Boeing. It’s not just the accidents that I’m referring to. It’s the lack of oversight and concern for the railroads’ constant capitulation to outside pressures that are creating the biggest dangers.

“I am not sounding the alarm here. I am screaming into the bullhorn for help,” he said. “If left unchecked, it’s my members who will end up maimed or killed, and it is America’s supply chain that will end up collapsed.”

Of note, in the panel featuring President Ferguson and other members of rail labor, only a single Republican had a question for the panel President Ferguson was on. It was not directed toward a labor representative.

Others testifying in the first panel Tuesday included FRA Administrator Amit Bose, who spoke on rail worker fatigue, long trains and the effects of PSR on Class I operations, and National Transportation Safety Board Member Thomas Chapman.

Additional witnesses on President Ferguson’s panel included Roy L. Morrison of the Brotherhood of Maintenance of Way Employes Division; Don Grissom of Brotherhood of Railway Carmen Division; TCU/IAM; transportation consultant Grady C. Cothen, Jr.; Nathan Bachman of Loram Technologies; and Norfolk Southern COO Cindy Sanborn who also represented the Association of American Railroads (AAR).

View video of the hearing.

Read President Ferguson’s full testimony

Pictured in the Governor’s office, left to right: Senator Carolyn McGinn (R); Mike Scheerer, LR Local 94; Troy Fansher, Local 1503; Governor Kelly (seated); Nick Davis, Local 527; Ty Dragoo, SLD Kansas; Chad Henton, ASLD Kansas; Kyle Brooks, Local 1503

In late April, members of the SMART Transportation Division joined Kansas legislators and Governor Laura Kelly at the state capitol in Topeka, where Governor Kelly officially proclaimed April 28th “A Day of Honor and Remembrance for Railroad Workers” in the state of Kansas.

Along with witnessing Kelly sign the proclamation, Mike Scheerer of LR Local 94 (Kansas City), Troy Fansher of Local 1503 (Marysville), Nick Davis of Local 527 (Coffeyville), Kansas State Legislative Director (SLD) Ty Dragoo, Alternate SLD Chad Henton and Kyle Brooks of Local 1503 joined the governor to discuss the vital role railroaders play in the state and in the nation at-large – as well as honor, recognize and remember the ultimate sacrifice some railroaders have made.

“Today reflects our ongoing relationship with Kansas’ government and the recognition that rail labor is vital to the state, and that we are appreciated,” Dragoo said. “It is a proud day for Kansas’ SMART Legislative Board.”

Dragoo also noted that Governor Kelly has been a steadfast champion of SMART TD members and all of rail labor throughout her time in state government. “She has proposed the two-person crew regulation and has been a steadfast wall of support when legislation is directed to harm our jobs,” he explained. “She has been there on every issue; she includes us in policy discussions, and we always have a seat in Kansas.”

The text of the proclamation is below:

WHEREAS, since the first railroad was chartered to carry freight and passengers in the United States in 1827, this nation’s railroads have been vital to the national economy and defense; and

WHEREAS, it is estimated that each American freight rail job supports 9 jobs elsewhere in the U.S. economy; and

WHEREAS, over one-fourth of all freight movement in ton-miles annually in this country occurs by rail, including many of the goods upon which Kansas residents and businesses rely; and

WHEREAS, thousands of passengers arrive, depart, and travel through Kansas on Amtrak passenger trains annually; and

WHEREAS, the rail lines crossing Kansas provide a vital transcontinental link facilitating the movement of this freight and these passengers; and

WHEREAS, the safe and efficient movement of the trains transporting this freight and these passengers
through Kansas is due foremost to the dedication, professionalism, and knowledge of those employees who are directly involved in train movements, including Train and Crew Dispatchers, Maintenance of Way personnel, Signal Maintainers, Mechanical personnel, and fully staffed two-person Train crews;

NOW, THEREFORE, I, LAURA KELLY, GOVERNOR OF THE STATE OF KANSAS, do hereby proclaim the day
of April 28, 2022, as

A DAY IN HONOR OF RAILROAD WORKERS.

CLEVELAND, Ohio (April 6, 2022) — The nation’s two largest railroad unions continue to gather allies and momentum as they oppose the imposition of precision scheduled railroading (PSR) tactics by Class I carriers that put safety and the health and lives of working people at risk.

SMART Transportation Division President Jeremy Ferguson, Association of Flight Attendants-CWA President Sara Nelson, President of the Air Line Pilots Association Capt. Joe DePete and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce meet April 4 at the Transportation Trades Department, AFL-CIO Executive Committee session in Washington, D.C.

At the April 4 Executive Committee meeting of the Transportation Trades Department, AFL-CIO (AFL-CIO TTD), a pair of airline unions pledged to support rail labor in the fight against unfair PSR-related practices such as BNSF’s “Hi-Viz” attendance policy, which requires rail workers to be available to work 29 of 30 days or risk being penalized. Additionally, the AFL-CIO TTD adopted language in its legislative agenda that encourages railroads to work together with rail labor to reconsider overly punitive attendance policies.

Capt. Joe DePete, president of the Air Line Pilots Association (ALPA), and Sara Nelson, president of the Association of Flight Attendants-CWA, pledged to support rail labor in opposing egregious attendance policies. The airline union leaders also vowed to stand by rail labor in the current round of national contract negotiations. Railroad and airline unions are governed by the Railway Labor Act.

Despite record fiscal returns in 2021 and lip service on the part of Class I carriers showing appreciation for the “essential” job that rail workers performed to move goods and services 24/7 during the COVID-19 pandemic, the railroads have chosen to not treat their employees with dignity and fairness during negotiations.

“Supply-chain issues were highlighted in the news at the end of 2021, but the shelves were stocked. It’s not thanks to PSR — that’s resulted in the rail industry doing less with less while making more profit,” SMART-TD President Jeremy Ferguson and Brotherhood of Locomotive Engineers and Trainmen President Dennis Pierce stated. “Employees’ rewards for their work through COVID-19 are that they are being subjected to degrading attendance policies at the expense of their health and family lives.

“These carriers have cut past the bone and are well through the marrow. Now they are scrambling to get people to run their trains,” the presidents said. “What is the incentive for our members who do not have scheduled time off — instead only hours when they cannot be called back into work? What’s the incentive for our members who get punished when life events happen? Thus far our members have been the recipients of nothing but insulting offers at the bargaining table.”

These practices have drawn the attention of media outlets such as Vice Magazine and UK’s The Guardian, as well as transportation labor at large. AFL-CIO TTD’s legislative agenda adopted April 4 states the following:

“Hi-Viz and similar policies serve to do nothing more than increase demands of an already exhausted workforce. For the dignity of these rail workers, their quality of life, and the safety of our nation’s freight railroad network, they must be abandoned and reconsidered.”

The leaders of SMART-TD and BLET will continue to work for intervention on the federal level, including at the Surface Transportation Board, Federal Railroad Administration, the Department of Transportation, the Department of Labor, Congress and in the White House itself, to stop in its tracks the dangerous and reckless nature of the path that the Class I rail carriers have chosen to take.

Also at the April 4 TTD Executive Council meeting, it was announced that five Republication U.S. representatives have contacted the BNSF Railway and encouraged its CEO to reengage with its operating unions to alter the highly-restrictive and punitive Hi-Viz attendance policy.

Read the TTD’s priority statement on rail attendance policies.

###

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.

To receive text messages and the latest alerts regarding the BNSF Hi-Viz policy, please text HiViz to 67336.

Today the judge considering the case between BNSF and the SMART-TD and BLET unions over the carrier’s new “Hi-Viz” attendance policy ruled that the dispute was “minor” under the provisions of the Railway Labor Act (RLA).

What does this mean?

It means that any further action to pursue a strike would be illegal, exposing the unions and their members to serious legal attacks as well as carrier discipline up to and including dismissal. But this is only the first round in our fight against the Hi-Viz policy. In the coming days, the unions will determine if the best course of action is to appeal today’s decision, or to move swiftly to arbitrate the policy before it can be used to terminate any employees. An arbitrator can strike down the policy. If that path is chosen, the unions will move swiftly to make their case there instead of in the courtroom or on the picket lines.

Rest assured that we are all infuriated. One of the largest and richest corporations in America has been given a free pass to continue forcing its employees to work even when they or their families are sick, and when they are fatigued beyond the point of being able to work safely. BNSF is essentially thumbing its nose at the employees who make them billions of dollars in revenue.

SMART-TD and BLET are considering all legal possibilities to continue to challenge BNSF and its anti-worker, anti-family and unsafe attendance policy. In the coming weeks, the unions’ options are:

  • ​Appeal the District Court decision, but delay arbitration of the policy by doing so.
  • Aggressively pursue arbitration to challenge every possible aspect of the “Hi-Viz” policy. This is where the actual impact of the policy will become crucial to the unions’ case.
  • Demand that state and federal lawmakers pass laws which would protect employees from retaliation for laying off for legitimate reasons.
  • Work with federal agencies to end draconian attendance policies on ALL railroad carriers — not just BNSF.
  • Call on Congress to amend the RLA to give rail workers freedom to fight back against the carriers’ abuse.

What can you do?

— Contact your General Chairperson. Your union needs to be able to explain how and why this attendance policy affects real workers. Examples of how this policy could affect you and your family, or how it did affect you after February 1 should be shared with your General Chairperson. These will empower your union to make its best case possible in arbitration.

— Contact your Congresspeople and Senators. Click here to find your members of Congress and demand that they hear the concerns of the rail workers who are the backbone of this nation’s supply chain​ and that they should back the people who do the work rather than the financial overlords who have implemented these draconian policies.

— Sign up for action alerts. Our strength is in our collective voice. Action alerts from your union will send you to petitions to sign, elected officials to email, and social media posts to share. Text HiViz to 67336 for text alerts or click here to sign up for emails. ​We are all angry, but we need to channel that anger into effective and legal action. Both the SMART-TD and the BLET will make sure that members are informed, educated, and empowered, just as rail unions have done in this country for more than a century.

If you have questions, do not hesitate to reach out to your union leadership.

In solidarity,

Jeremy Ferguson and Dennis Pierce
President, SMART-TD and National President, BLET

2022.02.22_BNSF_joint_statementDownload

CLEVELAND, Ohio, (February 1, 2022) — By letter dated January 31, 2022, SMART-TD and the BLET are seeking review by both the Department of Labor and the U.S. Department of Transportation of all Class I attendance policies. In a joint letter to Labor Secretary Martin Walsh and Transportation Secretary Pete Buttigieg, SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce ask the secretaries to immediately investigate all carrier attendance policies that refuse to provide exceptions for fatigue-related absences, as well as those that refuse to provide exceptions for illness-related absences.

Referencing the most recent “Hi-Viz” policy on BNSF set to go into effect today, the presidents said: “The new policy also potentially subjects employees to disciplinary action when they request time off because they are ill or when they need to tend to sick family members. This includes time off under the Family Medical Leave Act (FMLA), as this policy disincentivizes employees from utilizing this protected leave by prohibiting ‘Good Attendance Credit’ from ever being gained because of its use.”

Addressing fatigue concerns, the presidents said: “The only tool these engineers and trainmen have to prepare for their unscheduled work shifts are so-called ‘train lineups,’ which are managed solely by the railroad. Moreover, BNSF has openly admitted that the quality of these lineups and the related predictability for the on-duty times is far from adequate. As a result, engineers and trainmen are routinely called for duty without having any knowledge or awareness of the potential for work (at that particular time), thus subsequently preventing them from the ability to be physically rested prior to their being called to work. For example, it is commonplace for these employees to be suddenly called into work for an evening shift when they didn’t expect to be called in until the morning according to the available train lineups. Under BNSF’s new Hi-Viz policy, even though they may be fatigued, they are not allowed to refuse the unpredicted call for duty without potentially being subjected to employer discipline, up to and including dismissal. Forcing these employees to choose between their job or their safety in the workplace is in complete contradiction to BNSF’s obligation to protect public safety and to provide a safe workplace environment.”

The presidents said the harsh policies fly in the face of railroad safety laws and government regulations. The policies also would negatively impact already-diminished workforce staffing and would contribute to an increase in the “already historic levels of mid-career resignations.”

President Ferguson and President Pierce concluded: “It is imperative that the Department of Transportation and Department of Labor act to address this most egregious railroad policy, as well as those implemented by NS, CSX, Union Pacific, and any other railroad with similar policies. The safety and health of the engineers and trainmen who are employed at BNSF, and the safety of the general public, stands in the balance.”

Read the presidents’ letter to the DOT and DOL secretaries.

###

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.

Amit Bose, who has been serving the Biden administration as acting administrator of the Federal Railroad Administration (FRA) since February 2021, was confirmed Jan. 12 by the U.S. Senate to become full administrator. This was a bipartisan vote, 68-29.

FRA Administrator Amit Bose

Bose’s nomination by President Joe Biden had been put on hold by Republican U.S. Sen. Rick Scott of Florida after it had cleared the U.S. Senate’s Commerce, Science and Transportation Committee on Oct. 20, 2021.

“We are pleased and excited to continue our collaboration with Administrator Bose and the FRA as we press ahead on important safety issues such as regulating freight crew size,” SMART Transportation Division President Jeremy Ferguson said. “Our National Legislative Department and other members of our legislative team have had numerous conversations with Administrator Bose while serving in an acting capacity. We look to build upon the positive relationship that’s been established and on the progress that has been made already, and we congratulate him on his overdue confirmation.”

From left, SMART Transportation Division Minnesota State Legislative Director Nick Katich, Michigan SLD Don Roach, Amtrak employee Stefan Schweitzer, then-FRA Deputy Administrator Amit Bose, TD Local 168 (Chicago, Ill.) member Keisha Hamb-Grover and Illinois State Legislative Director Bob Guy stand at Chicago’s Union Station on Oct. 13. Bose was confirmed Jan. 12 as full administrator of the FRA.

During his tenure, Bose already has shown that rail labor’s input will be sought, rather than disregarded by FRA. Under the Biden administration, FRA has publicly announced that it plans to reopen the Notice of Proposed Rulemaking (NPRM) regarding the regulation of a minimum freight crew size.

Bose was a guest during the October call of SMART-TD state legislative directors and made it clear that the agency will prioritize cooperative efforts between labor and the federal government such as the Confidential Close Call Reporting System (C3RS), the newly rechartered Rail Safety Advisory Committee (RSAC) and Fatality Analysis of Maintenance-of-way Employees and Signalmen group.

“The lines of communication between labor and FRA have been open ever since his nomination,” National Legislative Director Gregory Hynes said. “We’ve had productive dialogue from the start with Administrator Bose — rail safety is back on the table.”

Bose has years of experience serving in the public sector. He has served two stints as FRA deputy administrator, and has served as FRA chief counsel, USDOT associate general counsel and USDOT deputy assistant secretary for governmental affairs including with former Federal Railroad Administrator and SMART-TD Illinois State Legislative Director Joe Szabo of Local 1290 (Chicago).

In addition to living along the Northeast Corridor in West Windsor, N.J., and working for New Jersey Transit, Bose helped establish and later served on the Northeast Corridor Commission. He also participated in structuring the commission’s cost allocation policy, helped the U.S. Department of Transportation (USDOT) deliver a $2.5 billion Railroad Rehabilitation and Infrastructure Financing (RRIF) loan to Amtrak for its next generation of Acela rail cars, and worked on the environmental review of a number of projects.

Brothers and sisters,

One of our organization’s main goals this past year was to take the lead.

We have done that by making progress on numerous fronts — technologically, organizationally and contractually. While the results have not been rapid or easily gained, our focus on the work at hand and our solidarity are helping us to break through. There’s evidence of this in every member with whom I’ve met this year. We are laying the foundation for greatness, one step at a time. It’s a long process, but we all will be proud of the results in the end.

No doubt, the past two years have tested us, but it’s that core concern for each other — the solidarity that unites this union and the labor movement at large — that can overcome all challenges and setbacks. Whatever the future throws at us, it pales in comparison to our collective strength.

This next year will bring more improvements and chances for us to lead — locally, regionally and nationally. There will be more chances to educate, communicate, organize and protect. With your involvement and your support, what we can accomplish is limitless.

Please be safe this holiday season, and remember that, historically, from the week before Thanksgiving to the week after New Year’s Day is the most-dangerous time of the year regarding transportation accidents, injuries and fatalities. Please stay focused and vigilant at work, and let us continue to take care of each other!

The best gift we can give our loved ones during this holiday season is to return home safe, sound and healthy.

God bless all of you, and I wish you and your families a happy holiday season.

Fraternally,

 

 

 

Jeremy Ferguson
President — Transportation Division

CLEVELAND (Nov. 23, 2021) — The Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) are challenging Amtrak over its actions in implementing its COVID-19 vaccine policy without the bargaining mandated by the Railway Labor Act. The unions filed suit today against the nation’s passenger railroad in the United States District Court for the Northern District of Illinois, Eastern Division.

The suit is similar to claims filed by the SMART-TD and BLET against Union Pacific (UP) and Norfolk Southern (NS) and the BNSF Railway (BNSF) regarding their vaccine policies. The unions have taken the position that Amtrak has no authority to unilaterally implement and enforce a COVID vaccination mandate among its employees, and that its actions in failing to negotiate terms of implementation violate the status quo requirement of the Railway Labor Act, thus engendering a major dispute.

SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:

“Amtrak has ordered all employees to submit proof prior to December 8, 2021, that they have received at least one vaccine shot, and submit proof by January 4, 2022, that they have received their final vaccine shot, or they will be subject to termination of employment. Amtrak is directly dealing with its employees instead of negotiating with us over its unilateral mandate.

“We have several objections to Amtrak’s unilateral implementation of its policies mandating them and illegally dealing directly with its represented employees. We will continue to fight on behalf of all SMART–TD and BLET members in an effort to stop Amtrak’s lawlessness in its tracks.”

###

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.