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With daily headlines nationwide about railroad safety legislation, it has come to feel like every day is “Railroad Day on the Hill.” However, the event is formally held once a year on the legislative calendar for representatives from rail unions and rail carriers alike to descend on D.C. to discuss the issues that face our industry.

Members of the SMART Transportation Division contingent, including Alt. National Legislative Director Jared Cassity and Vice President Chad Adams, meet with U.S. Sen. Ted Cruz (front, right) on May 17 in Washington, D.C.

Under normal circumstances, building relationships with the 535 members of Congress falls on SMART-TD’s staff of three in our Washington D.C. National Legislative Department, but on May 17th’s Railroad Safety Day, plenty of reinforcements within our union marched forth to lead the effort with other labor groups.

This support came in the form of 35 men and women representing 15 different states. State legislative directors, vice state legislative directors, general chairpersons, local legislative reps and state legislative vice chairs from across the country answered the call to help SMART-TD National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Legislative Department Chief of Staff, Jenny Miller educate our nation’s lawmakers on rail safety.

This formidable group of SMART-TD representatives was not in D.C. as tourists. Between the group of attendees, they held over 100 meetings with legislators sharing the gospel of the Railway Safety Act of 2023, shorter trains, increased quality of life and better safety inspections of rolling stock with any Congress member or staffer willing to listen.

Arizona State Legislative Director Scott Jones (right) meets with U.S. Rep. Greg Stanton on May 17.
Arizona State Legislative Director Scott Jones (left) meets with U.S. Sen. Josh Hawley on May 17.
U.S. Sen. Bernie Sanders addresses a rally for paid sick leave for U.S. workers Wednesday, May 18, on Capitol Hill in Washington, D.C.

In addition to holding this important series of meetings and reaching out to over 100 members of the House and Senate, SMART-TD representatives attended a press conference in support of U.S. Sen. Bernie Sanders (I-Vt.) as he announced his legislation known as the Healthy Families Act. This legislation includes provisions ensuring that every company with over 100 employees provides a minimum of 7 paid sick days to its employees. This bill has language in it that speaks directly to railroad companies.

This bill indicates the progress our union made in the 2022 national contract negotiations. In December 2022, Sanders pushed for similar legislation that was strictly aimed at railroaders and though it won a majority of votes in both the House and Senate, it failed to get the 60 votes it needed to carry a filibuster-proof supermajority and make it to President Biden’s desk to be signed into law.

U.S. Sen. John Barrasso of Wyoming (left), U.S. Rep. Harriet Hageman, SMART-Td Wyoming State Legislative Director April Ford and U.S. Sen. Cynthia Lummis meet on Railroad Safety Day May 18, 2023.
U.S. Sen. John Barrasso of Wyoming (left), U.S. Rep. Harriet Hageman, SMART-TD Wyoming State Legislative Director April Ford and U.S. Sen. Cynthia Lummis meet on Railroad Safety Day May 18, 2023.

With the ramifications of this bill’s success weighing heavily on the quality-of-life improvements that SMART-TD continues to seek for our members, Sen. Sanders reached out to SMART’s Legislative Department and made a point of inviting our representatives to his press conference.

Following the successes of the day’s events, NLD Hynes expressed his gratitude to the army of SMART-TD leaders who made the trip.

“These men and women went above and beyond the call of duty to be here today, and because of them, we had a fantastic show of force in the halls of Congress. The validity of our issues speaks for itself, but when leaders from these different states show up to meet with their congressional and senate delegations it makes an impact on these lawmakers,” he said. “They hear from Jared Cassity and me all the time, but when someone from home comes to meet with them in D.C., it puts a face to our issues in a unique way.

“I want to thank each and every one of them for making the effort to come out this year, and with your help, we will deliver on the promise of the Railway Safety Act, the REEF Act, and all the issues that speak to the quality of life our members deserve and the dignity of the work they do each day.”

New Jersey State Legislative Director Ron Sabol (left), U.S. Rep. Donald Payne (center) and N.J. Legislative Vice Chairperson Joseph Williams meet on May 17 in Washington, D.C.
New Jersey State Legislative Director Ron Sabol (left), U.S. Rep. Mikie Sherrill (center) and N.J. Legislative Vice Chairperson Joseph Williams meet on May 17 in Washington, D.C.
Michigan State Legislative Director Don Roach (left) meets U.S. Rep. Haley Stevens on May 17. At right of Stevens are Scott Hoose and Owen Smith.
Michigan State Legislative Director Don Roach (left) meets U.S. Rep. Haley Stevens on May 17. At right of Stevens are Scott Hoose and Owen Smith.
SMART Transpotration Division California Assistant State Legislative Director Scott Brent (Local 1202), U.S. Rep. John Garamendi (D-CA-8th District) and TD California State Legislative Director Louis Costa meet in Garamendi's office on May 16.
SMART Transpotration Division California Assistant State Legislative Director Scott Brent (Local 1202), U.S. Rep. John Garamendi (D-CA-8th District) and TD California State Legislative Director Louis Costa meet in Garamendi’s office on May 16.

The RSA, which was born from the East Palestine derailment and contains two-person crew language, cleared its first major hurdle today when it passed through the Senate’s Commerce, Science, and Transportation Committee. The bill’s passage through committee was not without controversy and fireworks, with a debate between two Republican Senators during a discussion of amendments. However, at the end of the meeting, the RSA was passed and now moves on to the Senate.  

As a rule, freshman legislators on every level are expected to spend their first year, if not their first term, being seen and not heard. There is a tremendous learning curve, and most are happy to take in all of the information and calibrate themselves before becoming vocal, especially when taking on the standard bearers of their own political parties.  

Unlike most other Senators, JD Vance (R-Ohio) had the luxury of a learning curve taken away from him by the derailment in East Palestine, Ohio. Like a first-round draft-pick quarterback who has to put down the clipboard and step into the game before planned, Vance was thrown into the middle of the action.  

Today – May 10, 2023 – Vance helped usher the Rail Safety Act of 2023 to a bipartisan 16-11 win in the Senate’s Commerce, Science, and Transportation Committee.  

Vance’s opening statement in support of the bill came directly on the heels of longtime Senator Ted Cruz (R-Texas) pulling his support for the Vance/Brown Bill. In the face of this adversity, Vance came out swinging. Among other holes he poked in Cruz’s argument against the bill, he said: “We cannot on the one hand acknowledge that Ohio taxpayers and Ohio citizens are bearing the cost of this accident and on the other hand say that it’s ridiculous to require the railroad industry to do a little bit more on safety. They should be incurring some additional costs so that another East Palestine doesn’t happen again.” 

In a direct response to Cruz’s damnation of his bill as being too costly for railroads to be expected to pay for, Vance added: “Yes, it may make rail transportation a little bit more expensive. But it’s going to make rail transportation a little more expensive in the service of safety. Because let’s be honest. We have allowed the rail industry to socialize the risk of their business while privatizing the rewards. The people of East Palestine are going to deal with the cost of what Norfolk Southern did for the next generation.” 

When the hearing was opened for Senators to offer amendments to the bill, another institution of the Senate and Vance’s Republican party, John Thune (R-South Dakota), offered an amendment he claimed would alleviate the burden of Class II and Class III railroads. In his remarks, he more than suggested that other legislators aren’t in touch with rural/agricultural economies. In the face of the Thune amendment, Vance responded, “There are a number of agricultural communities small and big in the state of Ohio and a lot in East Palestine. They bear the cost when railways set off chemical bombs in their community – which is exactly what happened a couple of months ago. Those costs have been socialized onto Ohio and American taxpayers.” 

Following Vance’s comments, the Thune amendment was defeated. Shortly after that success, Vance and the Railway Safety Act of 2023 scored a huge win for rail labor with a 16-11 passage of the bill (without the rejected amendments proposed by Cruz and Thune). For his part in the day’s proceedings, the newcomer received accolades not often heard in the halls of the United States Senate.  

Senator Eric Schmitt (R-Mo.) thanked Vance for his leadership and said that he was happy to lend his support to the legislation. Both Senators Amy Klobuchar (D-Minn.) and Committee Chair Maria Cantwell (D-Wash.) made a point to highlight Vance’s acumen. Chair Cantwell said of Vance that, “I have to say, sir, you’ve come to the Senate and you’ve hit the ground running. And I appreciate that because you are responding to a crisis that happened in your state and you’re responding on behalf of your citizens so that this doesn’t happen again.” 

It goes without saying that SMART Transportation Division is encouraged by the bipartisan effort it took to get the Rail Safety Act of 2023 through the Senate committee, and we hope the sentiment continues as the bill now proceeds to the Senate floor and then onto the House.  

Rail safety is not for sale. America’s rail workers need legislation to reverse the harmful trajectory of the industry and to protect the communities in which they operate. We thank Senators Vance and Schmitt for their support, as well as every Democratic Senator on the Senate Commerce Committee for fighting to protect our members. 

By Andy Hauck, Wisconsin SMART Transportation Division State Legislative Director

On February 1 in Washington, DC, the U.S. House Transportation and Infrastructure (T&I) Committee held its first meeting of the 118th congressional session, and one member in particular wasted no time in informing rail labor that our truths and issues make him uncomfortable and that we essentially need to sit down and shut up.

Wisconsin SLD Hauck

The meeting was called to address delays and obstacles in the nation’s supply chain and how the money allocated by President Biden and the outgoing Congress in the Infrastructure Investment and Jobs Act (IIJA) should be used to address these problems. President Greg Regan of the AFL-CIO’s Transportation Trades Department (TTD) was the only voice of labor in this important conversation. The nation’s hugely profitable rail carriers were represented by Ian Jefferies of the Association of American Railroads (AAR). Representatives from the trucking industry, the port of Houston and a representative for corporate building contractors also took part.

Late in the hearing, Wisconsin Rep. Derrick Van Orden (a Jan. 6th-attendee-turned-U.S.-congressman) used his five minutes to ask softball questions to the industry reps before attempting to intimidate Regan, the sole labor representative.

AFL-CIO TTD President Regan

After being asked if he had any relation to former President Ronald Reagan (note the different spelling), TTD’s Regan chuckled and said, “No. He fired the air traffic controllers, and I have the privilege of representing them.” This light-hearted one-liner was quickly met with a response from Van Orden meant to put all of labor on notice. Van Orden said that he had read the written testimony offered by the AFL-CIO TTD — an umbrella organization representing hundreds of thousands of workers from nearly three dozen unions — and that he had some advice to offer: “Change your tone!”

Van Orden then went on to declare that while he is willing to work with anyone to solve problems, he didn’t appreciate the manner in which Regan stood up for all of us in the rail labor community. He was indicating to Regan and rail labor that he would not be moved by the ugly truths we have to share with him about the realities we face each day as workers in the industry. He was clearly offended by Regan’s audacity to point out in his written statement that rail carriers have been investing less into their own infrastructure since the onset of the job-cutting, profit-at-any-cost Precision Scheduled Railroading (PSR) operating model – despite their record profits, which could have been used to enhance safety in the railroad industry.

Two days following this committee hearing, on Feb. 3, the world found out that the “tone” of Regan’s written comments was all too warranted. Roughly 52 hours after Rep. Van Orden’s blanket dismissal of Regan and rail labor’s concerns, Norfolk Southern train 32N left the rails in East Palestine, Ohio. Then, on April 27, the reality of Regan’s concerns hit a little closer to home for the first-term congressman.

Rep. Van Orden

In Ferryville, Wisconsin – in Van Orden’s home district – a BNSF train not only derailed, but two intermodal cars fell into the Mississippi River. Thankfully for all involved, this derailment did not result in a fiery hazmat spill like the horrific scene in February on the Ohio/Pennsylvania border. Yet the visual of the twisted cars in the water might be enough to give Rep. Van Orden a new perspective. If the cars that cascaded into the river had been among the many on that train that contain dangerous chemicals, it could have contaminated the water supply of communities from southwestern Wisconsin all the way to New Orleans, the Gulf of Mexico and beyond.

No one wants to see anything even close to that scale happen, but the drone footage of the derailment in Ferryville demonstrates the validity and well-warranted urgency Regan and all of rail labor possess when it comes to matters of public and worker safety.

When faced with the reality of the rail carriers’ disregard for rail safety, rail labor does not have the luxury of being diplomatic. If our urgency and sense of impending catastrophe is unsettling to those who read it, it is based on reality, not hyperbole, as evidenced by the ongoing concern for the long-term impacts of the East Palestine derailment in Ohio and the surrounding areas. There is no way that President Regan could have given the concerns of his rail members the credence they deserved politely or in a comforting tone. The reality is that such concerns need to be shouted, rather than whispered. If the members of Congress who received Regan’s written statement were startled by what they read, they absolutely should have been. It’s what the situation warrants.

But, with the large number of headline-grabbing rail accidents that have occurred since the committee hearing, including a major derailment in Rep. Van Orden’s backyard, the question becomes: Has the freshman congressman witnessed enough that he can see past the perceived tone of labor’s warnings regarding railroad safety to where he can recognize their merit? Can the freshman congressman appreciate the teamwork and structure (historically similar to the United States Military) that is required to move America forward?

The U.S. Senate currently has the Railway Safety Act of 2023 before it, bipartisan legislation sponsored by the senators of the states affected by the East Palestine derailment. Van Orden’s House of Representatives is also entertaining a companion piece of legislation but with important portions deleted, such as a measure that establishes a minimum two-person crew on freight trains and stops the industry’s attempts to run three-mile-long trains with just one person (or no one) on board.

The SMART Transportation Division, the nation’s largest freight railroad union, hopes that Rep. Van Orden can get on board with the provisions in this legislation and help to advocate for and pass unaltered the bill of Sens. Brown (D-Ohio), Vance (R-Ohio), Bob Casey (D-Pa.) and John Fetterman (D-Pa.) as they champion safety on America’s railroads. Considering his position on the House Transportation Committee, Van Orden’s support is of great importance.

Perhaps, after Rep. Van Orden heard rail labor’s concerns in February and witnessed the April 27th derailment in Ferryville, seeing will now result in believing for him.

Andy Hauck is a 28-year veteran of the Railroad industry and is the Wisconsin state legislative director for the SMART Transportation Division, a labor union 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.

In the aftermath of February’s rail disaster in East Palestine, Ohio, the U.S. Senate Commerce Committee held a key hearing on March 22 on “Improving Rail Safety in Response to the East Palestine Derailment” to get to the bottom of what went wrong in the accident and to discuss the bipartisan Railway Safety Act of 2023.

The committee had an all-star cast of witnesses who testified, including two U.S. senators; Ohio Gov. Mike DeWine; East Palestine resident Misti Allison, who represented the community; National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; Norfolk Southern CEO Alan Shaw; Association of American Railroads (AAR) CEO Ian Jeffries and SMARTTD’s Ohio State Legislative Director (SLD) Clyde Whitaker. To begin the hearing, U.S. Sens. Sherrod Brown and JD Vance kicked off the day explaining in detail the bill, S.B. 567, they’re putting forward.

Brown began his comments by thanking the witnesses for testifying and referred directly to SLD Whitaker, calling him “an unrelenting advocate for safe working conditions for his members and all people working in Ohio railroads.”

Brown then went on to discuss why this legislation is so necessary.

“Norfolk Southern followed the Wall Street business model,” he said. “Boost profits and stock price by eliminating, over the last decade, 38% of its workforce.”

WATCH: SMART-TD Ohio State Legislative Director Clyde Whitaker testified about rail safety issues before a U.S. Senate committee in March 2023.

He went on to describe Precision Scheduled Railroading (PSR) perfectly, saying, “They cut cost to boost profits. The communities along their route be damned!”

Vance followed Brown, explaining that the intention of the bill is not to put the government in charge of day-to-day operations of America’s railroad companies (like the bill’s outspoken opponents would like the public to believe). He addressed the concern of the rail carriers who have made it known that they feel the legislation is an overreach by Congress, stating plainly: “You cannot on the one hand beg the government to bail you out of a labor dispute three months ago and then say that it’s ‘big government’ to have proper safety standards in the way that you conduct your railroads. It’s a ridiculous argument, and it doesn’t pass the smell test.”

Gov. DeWine followed the Buckeye State’s senators and weighed in heavily on behalf of the residents of East Palestine. He started by describing life as it was in the village of 4,700 leading up to events of Feb. 3, 2023. He walked the committee through the Norman Rockwellian Friday night where the community was keenly focused on the high school basketball game in progress until the unthinkable happened.

“Life stopped being normal for everyone in this community — it stopped feeling safe — when 38 cars of that Norfolk Southern freight train, carrying hundreds of thousands of pounds of hazardous materials, hurtled off the track. In an instant, life turned upside down,” he said.

DeWine went on to describe the tough questions facing residents of East Palestine revolving around their physical health as well as the viability of their community’s future. These points were driven home by witness Misti Allison. Allison, a resident of East Palestine for the last four years, was testifying in front of the Senate committee on behalf of her community. In her own words, her goal was “to put a face on this chemical disaster.”

In addition to emphasizing DeWine’s points in reference to the health concerns swirling around in East Palestine, she shared other details about a community shattered. Among the issues she brought to the committee’s attention were home equity of the residents, the viability of local businesses and the concerning contradictions in the results of various sources of environmental testing of air, water and soil samples.

From left, National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; SMART-TD Ohio State Legislative Director Clyde Whitaker; Norfolk Southern CEO Alan Shaw and Association of American Railroads CEO Ian Jefferies appear March 22 before the U.S. Senate Commerce Committee in a hearing regarding rail safety.
From left, National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; SMART-TD Ohio State Legislative Director Clyde Whitaker; Norfolk Southern CEO Alan Shaw and Association of American Railroads CEO Ian Jefferies appear March 22 before the U.S. Senate Commerce Committee in a hearing regarding rail safety.

The most telling and unique issue she brought to light was the still-developing mental and emotional health concerns of the community post-derailment. She pointed out the ramifications the derailment has had, especially among the youth of East Palestine, in her written testimony: “Kids are not allowed to play on the playground because it hasn’t been cleaned. So the kids now play a game they invented called ‘EVACUATION’ during recess. This train derailment has robbed our kids of their childhood, and perhaps more,” she said.

This imagery is powerful and takes the importance of the Railway Safety Act of 2023 out of the realm of financial ramifications and puts it squarely in the arena of human rights.

At the conclusion of Allison’s testimony, Brother Whitaker took the stage to speak our union’s truth directly to power. SLD Whitaker explained in detail the effects PSR has had on our industry from the ground level.

In July 2022, Whitaker filed a complaint with the Federal Railroad Administration (FRA) directly reporting that Norfolk Southern had been ordering their crews to disregard warnings from wayside defect detectors in his state and to keep their trains rolling after receiving alerts of hot bearings.

He informed the senators that he had personally cautioned the FRA months prior to the East Palestine derailment that carriers’ business practice and adherence to the PSR doctrine was putting our crews and communities in harm’s way.

“PSR has made the Class I railroads more than $160 billion in profit since 2015 while at the same time causing the greatest degradation of safety in modern-day railroading,” he said in his written testimony. “As we have all seen in East Palestine, this cut-your-way-to-profit model is not sustainable and it is very, very dangerous.”

He further emphasized the impact of PSR on safety by talking about the current state of safety inspections of rolling stock and maintenance of equipment.

“No longer is identifying defects the goal of inspections. Instead, the goal is to minimize the time it takes to perform them or the elimination of them altogether, so the trains keep moving,” he said. “Compound this with the fact that the railroads are on a determined course to grow these trains to astronomical lengths and you have a predictable outcome, and that outcome is East Palestine.”

By a 19-2 vote, the Pennsylvania House Consumer Protection, Technologies and Utilities Committee advanced its comprehensive rail safety bill, H.B. 1028, out of committee May 3.

“This is a starting point,” said Republican Committee Chairman Rep. Jim Marshall (District 14) about the legislation. “This is an all-in approach.”

Democratic Committee Chairman Rep. Robert F. Matzie (District 16) was the primary sponsor of the legislation introduced April 25 that covers train length, two-person crews and wayside detectors.

““This is a unique situation relative to the severity of what happened in East Palestine, Ohio,” Matzie said before the bill’s passage through the committee. “We believe that rail safety does give us the purview to act. We believe time is of the essence. We don’t need another tragedy.”

H.B. 1028:

  • Fines carriers $10,000 for blocking rail crossings for more than five minutes.
  • Limits train lengths to 8,500 feet.
  • Permits rail labor representatives to have an active, participatory role while the state investigates rail safety matters.
  • Requires a two-person crew aboard freight trains and fines carriers who violate the provision.
  • Authorizes the state to inspect to ensure the functionality of wayside detectors in the state.
  • Authorizes a state study of hazmat/waste transport.
  • Create a reporting system when carriers operating trains carrying hazmat/waste report these to the state.

SMART Transportation Division Pennsylvania State Legislative Director Paul Pokrowka has been working for years to advocate for rail safety and to get similar legislation across the finish line.

“The incident February just across the border from our state in East Palestine brought attention nationwide to the importance of railroad safety,” he said. “Legislators in Pennsylvania have taken notice and have decided to do something about it. We appreciate their support and look to advance this legislation out of committee and into the full House and beyond — we thank Rep. Matzie and his staff very much for their help in advocating for H.B. 1028.”

Reps. Natalie Mihalek and Ryan Warner, both in the committee’s nine-member Republican minority, were the two votes against the bill’s advancement.

Neighboring Ohio had rail-safety legislation governing wayside detectors and crew size signed into law in late March.

Read the bill.

Making two-person crews the rule of the land in the state of Kansas took an atypical route to the finish line but got there just the same. On Monday, May 1, Kansas became the 10th state in the country to secure 2PC as the minimum train crew size in the state.

It has been the goal of SMART Transportation Division Kansas State Legislative Director Ty Dragoo for years and it was finally achieved. When asked about how he made this happen, Brother Dragoo cited persistence and patience as the keys, along with some out-of-the-box thinking.

Kansas Gov. Laura Kelly, a Democrat who began her second term in Topeka in January, has been a friend to rail labor throughout four terms in the state Senate as well as in her first term as governor. Throughout her public service, she’s accomplished quite a bit for rail members and their families in Kansas, and during her first term as governor, she and SMART-TD thought that 2PC had been made the law of the state.

On July 27, 2020, Kelly signed a safety rule establishing a minimum railroad crew size — making Kansas the ninth state in the country to have accomplished this goal. Just one formality stood in the way of that being a reality.

Kansas Gov. Laura Kelly poses with Kansas State Legislative Director Ty Dragoo.

At the time she signed the rule sent to her desk from the Kansas Department of Transportation, the state’s attorney general was a man named Derek Schmidt, a Republican who was in the beginning stages of campaigning to challenge Kelly for governor in 2022. In an effort to flex his political muscle and block his future opponent from the accomplishment, Schmidt opted not to sign the safety rule, allowing it to die on his desk. As they say, “Schmidt happens.”

What did not die that day was the drive of Brother Dragoo and his team of LRs to secure the conductor craft in Kansas.

As the political fight card for Kansas’s statewide races coalesced for the 2022 election cycle, it was no surprise to see Schmidt squaring off against Kelly to take the reins. This was obviously not in the best interest of our membership, so Dragoo and SMART had a clear-cut role to play. SMART-TD and all Kansas’s labor movement worked hard to secure Kelly’s narrow 11,000-vote re-election in 2022. As a bonus, Schmidt’s failed gubernatorial ambitions meant that he forfeited his seat as the state’s attorney general.

Having learned the hard way that having a rail labor-friendly governor in office was not enough on its own to get a 2PC rule into state law, Dragoo and his team of LRs also got involved in the state’s race for the AG’s office.

In that race, rail labor had the luxury of having both candidates for the job open to our message. In an unconventional manner, Dragoo and SMART-TD endorsed both Democrat Chris Mann and Republican Kris Kobach. Both candidates had advocated for rail safety, and that is what matters to our organization. Political party affiliation is not what qualifies someone to earn our endorsement, a commitment to rail safety is. As it happened, SMART-TD was the only trade union in the state of Kansas that endorsed Kobach. It was a distinction that did not go unnoticed, and, appropriately on May Day, Kobach didn’t forget about his labor support.

Dragoo and the Kansas State Legislative Board had secured the needed support in both offices to solidify the 2PC rule, so when Gov. Kelly again sent the DOT’s proposed safety rule to the AG’s office, it was signed and sealed into Kanas state law.

“We always need to remember that elections have consequences all the way up and down the ticket,” Brother Dragoo said about the five-year-long multi-party, multi-office, multi-administration battle to secure the role of freight conductors in his state. “SMART-TD and labor in general cannot allow ourselves to confine our thinking to the standard way of doing business in our state capitals. This holds especially true in red states that are traditionally less friendly to our causes.”

When asked about the ramifications of the rule becoming the law of the land in Kansas, Dragoo went on to say: “This is the proudest day of my career. It took every one of our LRs in the state to get this done, and I’m eternally grateful to my team as well as Gov. Kelly, AG Kobach and their staff for safeguarding our members and the public through the work they have done on this regulation.”

SMART-TD is very proud of the work being done in Kansas. Not only have they cemented the two-person crew in the state this year, but in the 2023 legislative session in Topeka, they also presented a noteworthy 13 bills in their efforts to bolster safety on the state’s railways.

Time will tell if these bills have the legislative support to be signed into law in the future, but if the past two years have taught us anything, we know that Brother Dragoo doesn’t take no for an answer very well, and these bills will be given every opportunity to be considered one way or another.

The 2PC regulation will take effect upon the publication of the Kansas Administrative Regulations (KAR) that follows the conclusion of their general assembly for the year. Brother Dragoo anticipates that this will happen in a matter of weeks.

SMART released the latest episode of SMART News on Wednesday, March 29. Episode seven features General President Joseph Sellers’ first interview since announcing his retirement, as well as an interview with incoming General President Michael Coleman.

“Everything that my family has is because of SMART,” Sellers said in his interview. “My father was a sheet metal worker, I was born into a union sheet metal worker family … my kids understand that, my wife understands that, the rest of my family understands that. Everything that we have is because of being union, and being a SMART member.”

Jump to a segment in this episode:

Both Sellers and Coleman reflected on the extraordinary opportunity that lies ahead for SMART members. For sheet metal members, the ongoing megaproject boom continues to create new jobs across the country — including in Arizona, where two new projects will require hundreds of sheet metal workers at their peak. SMART News spoke with SM Local 359 (Phoenix) Business Manager Jeff Holly about the impact such projects are having on members and the local union.

“We’ve been able to increase our membership,” Holly explained. “In 2017-18 we had 500 members, and currently we have about 850 … all of our funds are super healthy: [from] health and welfare [and] pension funds, down to general fund activity at the hall.”

For rail members, the fallout from the disaster in East Palestine, Ohio has opened a rare window for rail safety legislation on the state and federal level. SMART News hosted SMART TD Alternate National Legislative Director Jared Cassity for an overview on state and national efforts — including the bipartisan Rail Safety Act of 2023 — and the need for members to get involved.

“We need everybody on board here,” Cassity explained. “It’s going to take peer pressure and constituent pressure on our elected representatives to get this stuff moving and get things done.”

In addition, SMART News episode seven highlighted the voices of SMART Women’s Committee Chair Vanessa Carman (Local 66, Seattle), SM Local 16 member Korri Bus and SM Local 206 member Tatjana Sebro, who looked back on Women In Construction Week 2023. And SMART MAP Program Coordinator Chris Carlough joined the program to speak about SMART’s efforts to improve mental health resources for all members.

Watch the entire episode here.

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

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

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

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

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

SMART-TD on YouTube
SMART TD Ohio State Legislative Director Clyde Whitaker testified before the U.S. Senate Commerce Committee on March 22.
SMART-TD Member Testifies About Rail Safety Before Senate Committee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41NkI0NEY2RDEwNTU3Q0M2
During a hearing on rail safety, Norfolk Southern CEO Alan Shaw refuses to commit to two-person crews on freight train, despite SMART-TD Ohio State Legislative Director Clyde Whitaker testifying that the East Palestine disaster would've been worse without a two-person crew. #Shorts
Norfolk Southern CEO REFUSES to commit to two-person crews on freight trains
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4yODlGNEE0NkRGMEEzMEQy
In April 2022, SMART Transportation Division President Jeremy Ferguson joined other TD members, union railroaders, shippers and more to testify before the Surface Transportation Board (STB) on the devastating effects Precision Scheduled Railroading (PSR) has had on customers, workers and the American public. "The unreliable service has an impact … on every piece of the supply chain, from the producer all the way to the consumer." Despite the devastating inflation that results from supply chain disruption, despite railroad workers leaving the workforce in record numbers, and despite testimony on carriers' poor service from more than 20 shippers or groups representing rail customers, the railroad carriers continue to champion PSR, and they refuse to reward railroad workers with a fair contract. Remember: PSR is not about precision, scheduling or railroading. It's not about safety. It's not about serving customers. It's not about workers. It's about profit, and profit alone. We will continue to fight against the carriers’ greed as we seek a fair contract and safe working conditions for our members. We urge all members of this union to contact their senators and representatives: Tell them to side with railroad workers.
Damning Testimony on Rail Carrier Policies
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41MjE1MkI0OTQ2QzJGNzNG
SMART Transportation Division President Jeremy Ferguson talks about the negative effects large rail carriers' Precision Scheduled Railroading operating scheme has had on worker and public safety. This appearance took place on June 14, 2022, before the U.S. House of Representatives' Subcommittee on Railroads, Pipelines and Hazardous Materials.
SMART-TD President Jeremy Ferguson testifies on rail safety 6-14-22 before U.S. House subcommittee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4wOTA3OTZBNzVEMTUzOTMy
SMART-TD, rail labor join Sen. Bernie Sanders for press conference on sick days
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4xMkVGQjNCMUM1N0RFNEUx
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So, what do we do about it?

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

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

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

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

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

Agreement with SMART-TD provides greater flexibility for railroad, improves service for customers and enhances quality of life for employees 

OMAHA, Neb., (March 25, 2023) — Union Pacific has reached a tentative crew consist agreement with General Committee 953, part of its largest union, The International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD). 

The proposed agreement makes no changes to the current conductor position staffing each train as part of a two-person crew, provides long term job protection to current employees and gives the railroad greater flexibility to deploy brake or switch persons to work either in the yard or outside the yard. The proposed agreement, if ratified, closes Union Pacific’s current Section 6 Notice to redeploy Conductors on this committee.

“We are pleased that Union Pacific is focusing on quality of life for our conductor workforce,” said Jeremy Ferguson, president of SMART-TD. “Along with the scheduling enhancements, which were part of last year’s national agreements, we have an opportunity to positively impact our conductors by giving them fixed days off and greater certainty about their weekly assignments.”

“This agreement with SMART-TD reflects Union Pacific’s commitment to enhance the quality of life for our employees through predictable, scheduled shift work while giving us greater scheduling flexibility that will also improve customer service,” said Beth Whited, executive vice president – Sustainability and Strategy and CHRO. “We are working to finalize the contract details as quickly as possible.”

2023.03.25_UP-SMART-TD-AgreementDownload

ABOUT UNION PACIFIC

Union Pacific (NYSE: UNP) delivers the goods families and businesses use every day with safe, reliable and efficient service. Operating in 23 western states, the company connects its customers and communities to the global economy. Trains are the most environmentally responsible way to move freight, helping Union Pacific protect future generations. More information about Union Pacific is available at www.up.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.

SMART-TD on YouTube
SMART TD Ohio State Legislative Director Clyde Whitaker testified before the U.S. Senate Commerce Committee on March 22.
SMART-TD Member Testifies About Rail Safety Before Senate Committee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41NkI0NEY2RDEwNTU3Q0M2
During a hearing on rail safety, Norfolk Southern CEO Alan Shaw refuses to commit to two-person crews on freight train, despite SMART-TD Ohio State Legislative Director Clyde Whitaker testifying that the East Palestine disaster would've been worse without a two-person crew. #Shorts
Norfolk Southern CEO REFUSES to commit to two-person crews on freight trains
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4yODlGNEE0NkRGMEEzMEQy
In April 2022, SMART Transportation Division President Jeremy Ferguson joined other TD members, union railroaders, shippers and more to testify before the Surface Transportation Board (STB) on the devastating effects Precision Scheduled Railroading (PSR) has had on customers, workers and the American public. "The unreliable service has an impact … on every piece of the supply chain, from the producer all the way to the consumer." Despite the devastating inflation that results from supply chain disruption, despite railroad workers leaving the workforce in record numbers, and despite testimony on carriers' poor service from more than 20 shippers or groups representing rail customers, the railroad carriers continue to champion PSR, and they refuse to reward railroad workers with a fair contract. Remember: PSR is not about precision, scheduling or railroading. It's not about safety. It's not about serving customers. It's not about workers. It's about profit, and profit alone. We will continue to fight against the carriers’ greed as we seek a fair contract and safe working conditions for our members. We urge all members of this union to contact their senators and representatives: Tell them to side with railroad workers.
Damning Testimony on Rail Carrier Policies
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41MjE1MkI0OTQ2QzJGNzNG
SMART Transportation Division President Jeremy Ferguson talks about the negative effects large rail carriers' Precision Scheduled Railroading operating scheme has had on worker and public safety. This appearance took place on June 14, 2022, before the U.S. House of Representatives' Subcommittee on Railroads, Pipelines and Hazardous Materials.
SMART-TD President Jeremy Ferguson testifies on rail safety 6-14-22 before U.S. House subcommittee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4wOTA3OTZBNzVEMTUzOTMy
SMART-TD, rail labor join Sen. Bernie Sanders for press conference on sick days
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4xMkVGQjNCMUM1N0RFNEUx
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Atlanta, GA, and Independence, OH, (March 23, 2023) — Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced Thursday that they are discontinuing formal negotiations regarding conductor redeployment to focus their efforts on implementing other immediate quality-of-life improvements for their employees.

“Over the next year, SMART-TD and Norfolk Southern have the opportunity to work together to implement important predictability improvements for our conductor workforce,” said Jeremy Ferguson, president of SMART-TD. “These scheduling enhancements, which were part of last year’s national agreements, have the potential to make an immediate positive impact for our conductors by giving them fixed days off and greater certainty about their weekly assignments. The willingness of NS to step back from plans to change to a ground-based conductor model is a welcome show of good faith in the negotiation process.”

Under the terms of the national agreements, Norfolk Southern and SMART-TD have a mid-June deadline to negotiate the details of these scheduling enhancements. Given this limited window, Norfolk Southern has withdrawn its current Section 6 bargaining notice on conductor redeployment to fully focus on collaboratively implementing these enhancements and other quality-of-life priorities.

“Norfolk Southern is committed to working with labor partners, including SMART-TD, to identify and negotiate benefits that will have a meaningful impact on our employees’ quality of life,” said Wai Wong, vice president, Labor Relations at Norfolk Southern. “While redeployment of conductors to ground-based shift-work will provide more predictable jobs and minimize time away from home, there are a number of other priorities that our labor partners would like to address, and we are committed to working together to make immediate progress.”

The withdrawal of the Section 6 notice on conductor redeployment removes the mandatory requirement for the parties to bargain over the issue, though voluntary discussions remain an option. SMART-TD and Norfolk Southern will continue listening to NS employees, relying on their input to guide the focus of their joint efforts and discussions going forward.

2023.03.22-Letter-to-NMB-re-NS-Local-Notice-WithdrawalDownload

###

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.

SMART-TD on YouTube
SMART TD Ohio State Legislative Director Clyde Whitaker testified before the U.S. Senate Commerce Committee on March 22.
SMART-TD Member Testifies About Rail Safety Before Senate Committee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41NkI0NEY2RDEwNTU3Q0M2
During a hearing on rail safety, Norfolk Southern CEO Alan Shaw refuses to commit to two-person crews on freight train, despite SMART-TD Ohio State Legislative Director Clyde Whitaker testifying that the East Palestine disaster would've been worse without a two-person crew. #Shorts
Norfolk Southern CEO REFUSES to commit to two-person crews on freight trains
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4yODlGNEE0NkRGMEEzMEQy
In April 2022, SMART Transportation Division President Jeremy Ferguson joined other TD members, union railroaders, shippers and more to testify before the Surface Transportation Board (STB) on the devastating effects Precision Scheduled Railroading (PSR) has had on customers, workers and the American public. "The unreliable service has an impact … on every piece of the supply chain, from the producer all the way to the consumer." Despite the devastating inflation that results from supply chain disruption, despite railroad workers leaving the workforce in record numbers, and despite testimony on carriers' poor service from more than 20 shippers or groups representing rail customers, the railroad carriers continue to champion PSR, and they refuse to reward railroad workers with a fair contract. Remember: PSR is not about precision, scheduling or railroading. It's not about safety. It's not about serving customers. It's not about workers. It's about profit, and profit alone. We will continue to fight against the carriers’ greed as we seek a fair contract and safe working conditions for our members. We urge all members of this union to contact their senators and representatives: Tell them to side with railroad workers.
Damning Testimony on Rail Carrier Policies
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS41MjE1MkI0OTQ2QzJGNzNG
SMART Transportation Division President Jeremy Ferguson talks about the negative effects large rail carriers' Precision Scheduled Railroading operating scheme has had on worker and public safety. This appearance took place on June 14, 2022, before the U.S. House of Representatives' Subcommittee on Railroads, Pipelines and Hazardous Materials.
SMART-TD President Jeremy Ferguson testifies on rail safety 6-14-22 before U.S. House subcommittee
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4wOTA3OTZBNzVEMTUzOTMy
SMART-TD, rail labor join Sen. Bernie Sanders for press conference on sick days
YouTube Video UExFekJDRUFvTFJZcTh5SnhrN0lMaUVLVzk4RjUzRFFKSS4xMkVGQjNCMUM1N0RFNEUx
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