Tag: Transportation Division President Jeremy Ferguson

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This year, as every year, I wanted to take a moment to give my thanks and to show appreciation to our SMART Transportation Division members who are also veterans of the United State military.
Our veterans are a source of patriotism and pride for what they have done and what they contribute to our organization. As a U.S. Army veteran, I hold a great affinity and an even greater respect for the commitment our veterans made to a higher cause while in the military and to the experiences they have had in their careers after serving (or continue to have if still serving).
One of the key goals of my administration remains to give those members who are military veterans the recognition that they deserve for having answered the high call of defending the freedoms that we enjoy.
We urge all of our SMART-TD military veterans to let us know the details of their military careers via the TD Member Info Update form so that we can continue to enhance our work to recognize and amplify the importance of veterans to our union. We also continue to periodically update our Veteran Services page with resources that may be beneficial to our American heroes.
Each and every veteran deserves to feel a sense of appreciation on Veterans Day. On behalf of SMART Transportation Division, to all U.S. military veterans, we thank you once again for your service.

Fraternally,

Jeremy Ferguson
President — Transportation Division
U.S. Army, 1988-1991

Services, discounts and events

As an annual tradition, many businesses provide free services or discounts to veterans and there are a number of events nationwide honoring veterans. Please see the links below to some of those that are available this year.

  • https://militarybenefits.info/veterans-day-discounts-sales-deals-free-meals/
  • https://blogs.va.gov/VAntage/96530/veterans-day-2021-discounts/
  • https://blogs.va.gov/VAntage/96672/organizations-offer-national-level-2021-veterans-day-virtual-events/
  • https://militarybenefits.info/veterans-day/

CLEVELAND, Ohio, (Oct. 29, 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) have responded to the suit Norfolk Southern Railway (NS) filed against them on Oct. 21, 2021, in the United States District Court for the Northern District of Illinois, Chicago Division. The two Organizations not only answered NS’ allegations, they also filed counterclaims challenging NS actions in implementing their vaccine policy without the bargaining mandated by the Railway Labor Act.
The railroad has taken the position that it has the right to implement and enforce a COVID vaccination mandate among its employees, and requests the court to issue a declaratory judgment holding that the dispute between the railroad and the unions is a “minor” dispute, which must be arbitrated if the parties cannot come to a satisfactory settlement.
The unions have countered that NS has no such authority, and their 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:
“NS has ordered all employees to report that they are fully vaccinated by December 8th, or they will be unable to continue working. And, instead of negotiating with us as the law requires, the Carrier is directly dealing with its employees by offering a payment for compliance with its unilateral mandate.
“We generally support our members getting the vaccine. However, we have several objections to NS’s unilateral implementation of their policies mandating them and illegally dealing directly with its represented employees. The members of our Unions — including members who already are vaccinated — are irate over NS’s outrageous conduct.
“We have been in contract negotiations with NS since November of 2019, and federal law absolutely bars railroads from changing rates of pay, rules and working conditions while negotiations are ongoing. Not only is NS in violation of the law, it has explicitly spurned our demands that these matters be bargained. We will continue to fight on behalf of all BLET and SMART–TD members in an effort to stop NS’s lawlessness in its tracks.”

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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.

CLEVELAND, Ohio (Oct. 28, 2021) — The SMART Transportation Division (SMART–TD) and Brotherhood of Locomotive Engineers and Trainmen (BLET) escalated their fight against Norfolk Southern Railway (NS) to stop the railroad from forcing locomotive engineers to work as conductors, and for disciplining those who don’t. The two unions each filed motions for preliminary injunctions yesterday against NS in the United States District Court for the Northern District of Ohio, Eastern Division.
SMART–TD seeks an injunction ordering NS to return to the status quo that existed prior to the dispute, which would require that the railroad use only SMART–TD-represented train service employees to fill jobs in those crafts and classes.
The BLET seeks an immediate injunction forbidding NS from forcing engineers to work as conductors, including disciplining members for failing or refusing to comply with directives to work as conductors, and requiring that NS immediately reinstate BLET members who were disciplined as a result of the dispute, expunging all discipline records, and making each engineer whole.
Following a hearing on the motions, the court will issue its decision. If the court grants the motions and issues the requested orders, any continued misconduct by the carrier could trigger a strike.
“This situation is identical to the September 2013 dispute that led to a BLET strike on the Wheeling and Lake Erie,” said SMART–TD President Jeremy R. Ferguson and BLET National President Dennis R. Pierce. “The Sixth Circuit Court of Appeals, which also has jurisdiction here, held that the 2013 dispute was, indeed, a major dispute. Multiple ground employees on NS have sustained injuries in switching operations in recent weeks. We have made it clear to NS that forcing engineers to work ground assignments that they are not currently qualified on or familiar with is an invitation for more incidents. While NS’s current business model may accept responsibility for that risk to its employees, our Unions do not. We will do everything in our power to prevent that risk to our collective memberships. The General Chairmen, the assigned Vice Presidents and we thank our NS memberships for their continued strong support in this struggle.”

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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.

CLEVELAND, Ohio (Sept. 30, 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) have joined forces to defeat efforts by Norfolk Southern Railway to supplant the train service crafts of conductors and brakemen by calling locomotive engineers to work their assignments.
SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce issued the following joint statement regarding their action:
“On October 24, 2018, Norfolk Southern Railway announced plans to implement Precision Scheduled Railroading. PSR is an operational scheme that makes irrational cuts to employment, maintenance and service levels to generate artificially higher profit rates for hedge funds and similar investors.
“Because of PSR, NS has eliminated the jobs of over 35% of its operating crew members since December 2018. NS also has been fighting since the summer of 2019 to cut the size of operating crews by half.
“As part of its plan to simply eliminate the train service crafts of conductor and brakeman, NS has willfully depleted its train service workforce. The shortage of conductors and brakemen is so severe that NS started ordering locomotive engineers — under threat of termination for insubordination — to work conductor positions even though both the BLET Agreement and the SMART-TD Agreement prohibit the use of locomotive engineers in train service positions.
“Today, our unions have initiated legal actions that are intended to compel NS to follow our contracts and obey the laws of our land. NS cannot lawfully lay off roughly 4,000 conductors and brakemen, and then give their work to another craft. Nor can NS lawfully deprive locomotive engineers of the jobs, wages and working conditions to which they are contractually entitled by forcing them to perform the work of other crafts.”

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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.

A statement from TD President Jeremy Ferguson:
Twenty years after the shocking and devastating terrorist attacks of Sept. 11, 2001, we pause to remember the lives that were lost and irreversibly changed on that day.
Members of our union, as many other people did in Pennsylvania, New York City and Washington, D.C., performed great acts of heroism. Lives were saved when the doors were held open by conductors as the last PATH trains evacuated people from the World Trade Center site before the collapse of the Twin Towers. Bus operators in the area allowed people aboard for shelter and transported them away as they fled from harm. Their unselfish actions, along with those of many other responders who stepped up in a great time of need should be upheld and honored as true American heroes.
Like many of you, I can still vividly remember where I was that day as the tragic events took place in real time. I equally remember the feeling of immense pride shortly thereafter as Americans from all walks of life came together in solidarity during this unprecedented national emergency.
While these images remain seared into our memories, it is important that we take time on this 20th anniversary to honor those involved. We will never forget, and may God bless those lost and the families left behind.

Great challenges are best faced together, and we have encountered many these past few months from those caused by the COVID-19 pandemic to carrier practices that place profits before safety, jeopardizing safe operations that affect the general public and our members.
This year on Labor Day, unity and solidarity is at the forefront of my mind as I am proud to have faced all of these adversities together as fraternal brothers and sisters. We are each other’s keepers.
I think about the “old heads” who take the time to teach the new hires the tricks of the trade and the traps to avoid the knowledge of which takes years of experience to acquire. Or the general or local chairperson who stands up for the member who has been unjustly charged; or just the friendly face of a union brother or sister offering a smile or a helping hand at just the right time when things are not going well.
These traits are summarized well in the overarching “I Got Your Back” campaign SMART has launched.
Members of the Transportation Division protect and support one another, consciously and unconsciously, all the time and on a daily basis. A little recognition of this goes a long way, making “I Got Your Back” a solid way to recognize and show support for those whose contributions sometimes are not given the appreciation or attention that’s so richly deserved.
In the July/August newspaper that is en route to you, General President Joseph Sellers Jr. encourages members to honor a mentor by taking a photo with a person who has served as an inspiration or a protector. If you email that along with a few words about the importance of that TD brother or sister in your career to mentors@smart-union.org, that person can be recognized.
Truly, the strength of a union does not just come from the elected leaders. At its core, the power of a union comes from the membership and then travels to the leadership. There are only a handful of officers, yet thousands of members. The thousands, when united and energized, can do much more than what a single person can. That’s the power of a collective group. That’s the power of labor. That’s the power of a union!
Labor Day is about YOU. SMART-TD is about YOU. It will take all of us working together to overcome these obstacles we face now and those we will face in the future. However, I fear not as I have your back, and I know you have mine. Together we will face anything that comes our way … united. I am proud to serve alongside each and every one of you.
I do, however, want to take a moment and remember the fallen this Labor Day. We have lost way too many members, brothers and sisters, this past year who were unfortunately killed while performing their duties. Safety is our number one priority and as we work harder than ever toward changing the current culture, we must never lose sight of its importance. We must never forget the fact that our predecessor unions were founded on safety and we, as proud unified labor, will carry on in those same fights now more than ever.
Many of you will be working this Labor Day, and we thank you for your dedication while doing so. I will be out there proudly marching in one of the oldest Labor Day parades in the U.S., shoulder to shoulder with our brothers and sisters of Local 195 in Galesburg, Ill. I look forward to meeting them as I have already met many of you during my recent travels. It is my goal to try attend as many events as possible in efforts to get to know as many of my fellow fraternal brothers and sisters as possible.
May God bless you and keep you safe.

In solidarity,


 
 
 
 

Jeremy R. Ferguson
President, Transportation Division

A statement from SMART-TD President Jeremy R. Ferguson on the passing of AFL-CIO President Richard Trumka:
“Brother Trumka was a distinguished, energetic and passionate leader — a true force whose presence will be missed by all who knew and worked with him in advancing the solidarity and selflessness that propels the American labor movement. We share in the sorrow of his passing and mourn with our brothers and sisters in labor. SMART-TD extends our most heartfelt condolences and will continue his legacy of standing up for the working class.“
Trumka was a keynote speaker at the 2019 SMART General Convention. Click below to view a highlight from his address to more than 1200 convention delegates.


CLEVELAND, Ohio (July 1, 2021) — SMART Transportation Division leaders expressed their appreciation as the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act (H.R. 3684) successfully passed out of the U.S. House of Representatives, 221-201, on July 1 with two-person crew and other transportation safety provisions important to TD members remaining intact.
“This bill is a great step ahead for the country as it works to repair years of inattention given to the country’s infrastructure,” SMART Transportation Division President Jeremy R. Ferguson said. “The INVEST Act also pays heed to many safety concerns expressed by labor — the essential workers who helped move our nation through the COVID pandemic — bus operators, freight rail workers and transit workers. We thank Peter DeFazio, Donald Payne and all those in the House Transportation and Infrastructure Committee who spurred H.R. 3684 to passage in the full House, and we now look ahead to consideration in the Senate and beyond.”
The INVEST Act is a surface transportation reauthorization bill that encompasses substantial investment in the nation’s infrastructure as well as in the safety of the people who keep the country moving. H.R. 3684’s components look to protect bus and transit workers from assault, improve school bus safety and maintain safe freight rail operations. It contains increased funding for Amtrak passenger rail service and protects the environment, the public and rail workers alike by putting into law the Rule of 2 — that, like a pilot and co-pilot in the air — a certified engineer and a certified conductor remain present in the cab of freight trains when operated through the nation’s communities.
“We’re very pleased that the House has wisely moved ahead today on the legislative path to ensuring that rail safety’s Rule of 2 is maintained with the INVEST in America Act, and that the bus safety provisions, Amtrak funding and other rail safety components stay in the bill,” SMART-TD National Legislative Director Greg Hynes said. “Now, similar to last year, the time has come to make it crystal clear to senators who might be on the fence that the safety aspects within this bill are not up for negotiation.”
“We truly thank and appreciate those legislators who supported the INVEST Act in its journey through the House and who listened to what we had to say,” Ferguson said. “There is more work to be done and a path to be cleared for this legislation in the Senate, and the members and officers of our union are ready to put in the time.”

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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 different crafts, including as bus and commuter rail operators, in the transportation industry.

A surface transportation reauthorization bill introduced June 4 by chair of the House Committee on Transportation and Infrastructure Peter DeFazio (D-Ore.) has a wide-reaching positive impact for members of the SMART Transportation Division.
Mostly mirroring the identically named INVEST in America Act that passed the U.S. House of Representatives last summer but died in the Republican-held Senate, the 2021 version known as H.R. 3684 is a $547 billion five-year surface transportation bill with a two-person freight crew provision and encompasses other issues important to all TD members.
“Chairman DeFazio, Rep. Eleanor Holmes Norton and Rep. Donald Payne once again proved that they are receptive to the safety of and the needs of all SMART Transportation Division members,” SMART Transportation Division President Jeremy R. Ferguson said. “Every one of our members has a stake in this bill and in the protections and actions this legislation puts forth. We are thankful for the representatives’ work, and we support this effort to move the transportation industry ahead.”
The bill directs federal investments in roads, bridges, transit, and rail, re-imagines national transportation policies and helps put President Joe Biden’s American Jobs Plan that invests in American workers and communities into motion.
“The benefits of transformative investments in our infrastructure are far-ranging: we can create and sustain good-paying jobs, many of which don’t require a college degree, restore our global competitiveness, tackle climate change head-on, and improve the lives of all Americans through modern infrastructure that emphasizes mobility and access, and spurs our country’s long-term economic growth,” DeFazio said.
Of particular importance to TD members are the portions of the INVEST in America Act that cover bus, transit and freight rail.
“This bill is all-encompassing — seeking redesigns of bus operator compartments so that drivers are more protected, protecting transit workers from assault and looking into school bus safety. The representatives also heard our voices regarding almost every one of the concerns we have about the current state of the railroad industry — crew size, train length, the utility of Positive Train Control and safety investigations — to name a few,” National Legislative Director Greg Hynes said. “Elections have consequences, and with this legislation, we now have an avenue where many matters that are important to us can be resolved.”
What follows is a recap of some of the provisions within the bill most important to SMART-TD members:

Amtrak

  • The bill triples funding for Amtrak to $32 billion, allowing for enhanced service, ADA upgrades, and investments to renew and support service on the Northeast Corridor and long-distance and state-supported routes.

Bus

  • Creates a Federal Transit Administration (FTA) training center modeled on the successful National Transit Institute, but with a frontline employee mandate to focus on training for new technologies, safety and emergency preparedness.
  • Expands FTA’s safety plan to include a focus on passenger and personnel injuries, assaults, and fatalities; a risk management process to address transit worker assaults; a joint labor/management safety committee empowered to approve the safety plan; and a comprehensive frontline workforce training program on safety and de-escalation.
  • Prevents a transit agency from deploying an automated vehicle that duplicates, eliminates, or reduces the frequency of existing public transportation service or a mobility on demand service. Transit agencies considering transit automated vehicles and mobility on demand service are required to develop a workforce development plan describing how the automated vehicle will affect transit workers. Ensures transit workers are given fair notice if their job is jeopardized by a transit automated vehicle or mobility on demand service.
  • Authorizes FTA research on redesigning bus driver compartments to improve driver visibility, expand driver functionality, and reduce driver assault.
  • Directs the Transportation secretary to review the costs and benefits of requiring lap/shoulder belts in large school buses and to consider requiring seat belts in newly manufactured school buses. Requires newly manufactured school buses to be equipped with automatic emergency braking and electronic stability control systems. Directs the secretary to conduct research and testing on fire prevention and mitigation standards—including firewalls, fire suppression systems, and interior flammability and smoke emissions characteristics—for large school buses and consider issuing updated standards.

Freight rail

  • Requires the federal Department of Transportation (DOT) rescind any special permit or approval for the transport of liquified natural gas (LNG) by rail tank car issued before the date of enactment. Also prohibits DOT regulations on the transport of LNG by rail tank car from taking effect until DOT conducts a further safety evaluation. Directs the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA) to initiate an evaluation of the safety, security, and environmental risks of transporting LNG by rail.
  • Improves rail safety by addressing highway-rail grade crossing needs.
  • Requires a study on the effects of long trains.
  • Requires FRA to increase its roster of rail safety inspectors by 20 percent.
  • Requires FRA to collect data on train length and crew size when an accident occurs.
  • Requires the creation of a standardized FRA safety investigation process.
  • Requires FRA to engage in a public process before granting waivers from, or suspensions of, railroad safety standards and regulations.
  • Creates a federal blocked crossing program to collect data and enforce a 10-minute blocked crossing limit.
  • Has a two-person crew freight train mandate that, like the 2020 bill, has some exemptions for short lines and train length. These are:
    • The train operations are not on a main line.
    • The train does not exceed a maximum speed of 25 mph on territory with an average track grade of less than 2% for any segment of track that is at least two continuous miles.
    • The locomotives are performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including to or from the location where assistance is provided.
    • The locomotives are not attached to any equipment (except a caboose) and do not travel further than 30 miles from a rail yard.
    • A location where one-person operations were being utilized one year prior to the date of enactment of this bill, only if the DOT Secretary determines that the operation achieves an equivalent level of safety.

    Short-line exception
    In addition to the above, a train may be operated with a reduced crew, if the carrier has fewer than 400,000 total employee work hours annually and an annual revenue of less than $20,000,000.
    A train must be operated by a two-person crew (no exception), if:

    • It is transporting one or more loaded cares carrying material toxic by inhalation.
    • It is carrying 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block.
    • It has 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout its consist.
    • It is 7,500 feet in length or longer.
  • Has a cross-border provision for the southern border of the U.S.
  • Makes yardmaster employees subject to FRA’s hours of service protections.
  • Directs the FRA to take such actions as are necessary to ensure that certain older air brake control valves are phased out on rail cars operating in cold regions of the United States, an issue brought to light by SMART-TD leadership in 2019.
  • Directs the DOT to require railroad carriers to regularly report on failures of positive train control (PTC) systems.
  • Directs the Secretary of Transportation to issue a final rule on fatigue management plans within one year.

Transit

  • Establishes a working group to improve the musculoskeletal health of transit and commercial vehicle drivers by developing stronger ergonomic seating standards in transit and commercial vehicles. Requires the working group to compare design standards for women to those for men.
  • Provides funding for corridor planning and development of high-speed rail projects, reducing traffic congestion and shortening travel times.
  • Requires passenger and commuter railroad carriers to implement response plans and employee training in order to address assaults against both passengers and employees. The section also requires railroads to report annual assault data to FRA.

The bill is scheduled to be marked up by the U.S. House on June 9.
• Read a section-by-section summary of the 2021 INVEST in America Act. (PDF)
• Read the bill. (PDF)
• Read a fact sheet about the bill. (PDF)

CLEVELAND, Ohio (June 4, 2021) – Leaders of the SMART Transportation Division today announced their full support of the 2021 version of the Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act.

DeFazio

The transformational $547 billion surface transportation reauthorization bill introduced today by House Transportation and Infrastructure Committee Chair Peter DeFazio of Oregon contains critical safety reforms for the bus, transit and freight rail industries. Similar to a 2020 version of the bill, provisions of the legislation mandate two-person freight rail crews and take steps to address the problems of bus operator and transit worker assault as well as other issues faced by SMART-TD’s bus, rail and transit members.
“Chairman DeFazio, Rep. Eleanor Holmes Norton and Rep. Donald Payne once again proved that they are receptive to the safety of and the needs of all SMART Transportation Division members,” SMART Transportation Division President Jeremy R. Ferguson said. “Every one of our members has a stake in this bill and in the protections and actions this legislation puts forth. We are thankful for the representatives’ work, and we support this effort to move the transportation industry ahead.”
“This bill is all-encompassing — seeking redesigns of bus operator compartments so that drivers are more protected, protecting transit workers from assault and looking into school bus safety. The representatives also heard our voices regarding almost every one of the concerns we have about the current state of the railroad industry — crew size, train length, the utility of Positive Train Control and safety investigations — to name a few,” National Legislative Director Greg Hynes said. “Elections have consequences, and with this legislation, we now have an avenue where many matters that are important to us can be resolved.”
A markup of the bill is scheduled to take place June 9.
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.