Stuart Gardner, SMART TD Ohio State Legislative Director

Ralph Leichliter, SMART TD Ohio Assistant State Legislative Director

The SMART TD Ohio State Legislative Board’s Director Stuart Gardner and Assistant Director Ralph Leichliter went on The Union Edge: Labor’s Talk Radio to explain to listeners why Right-to-Work is Wrong not just for Ohioans, but for all working families.
Click here to listen to a podcast of the interview.
If you live in Ohio, click here for the Ohio State Legislative Board’s website.
Click here to tell your representatives that Right-to-Work is Wrong via our Legislative Action Center.

Nevada Senate Bill 427 (S.B. 427), sponsored by Nevada State Senator Mark Manendo (D – Dist. 21), seeks to restore a requirement in Nevada’s laws regarding the minimum number of persons operating freight trains in the state.
The bill comes in response to interest expressed by freight railroad carriers nationwide in reducing the current crew size for most cross-country freight trains from two persons to a single operator. Railroad workers oppose such action, citing what they see as a compromise in safety with regard to further crew size reductions.
“In an incident such as a derailment resulting in the release of hazardous materials, the elimination of a crew member from freight trains would cause delay in notification to emergency responders. That creates an unacceptable risk to the public,” said SMART TD Nevada State Legislative Director Jason Doering.
“The desire to pursue single-person operations of freight trains clearly represents placing cost reduction and profits ahead of responsibility for ensuring that movement of freight by rail through the communities of Nevada takes place in the safest possible manner,” added Matt Parker, chairman of the Nevada state legislative board of the Brotherhood of Locomotive Engineers and Trainmen (BLET).
Nevada law previously specified a minimum crew size for freight trains in the state. The crew size requirement in that law was repealed in 1985 to accommodate changes to collective bargaining agreements negotiated between rail carriers and the labor unions representing their transportation craft employees.
“Had we foreseen the day that rail carriers would seek single-operator crews, we most certainly would not have supported repeal of Nevada’s previous crew consist requirements, instead insisting upon a modification to the law,” said retired UTU Nevada State Legislative Director Rodney Nelms, who participated in the 1985 legislative action.
S.B. 427 passed the Senate Committee on Transportation with a 3-2 vote. You can find the bill here: https://www.leg.state.nv.us/App/NELIS/REL/79th2017/Bill/5505/Overview
A special thanks goes out from Doering to Sen. Manendo for sponsoring S.B. 427. Doering asks that members contact their Nevada state senators and ask them to support S.B. 427. Members can contact their state senators directly by visiting the Nevada State Senate website.

CLEVELAND, Jan. 20—The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Rail Air and Transportation Workers (SMART TD) are urging their respective memberships to contact members of the House of Representatives about co-sponsoring The Safe Freight Act of 2017 (H.R. 233), a bill that would mandate two-person train crews on freight trains—one certified locomotive engineer and one certified conductor.
Introduced by Congressman Don Young (R-Alaska) Jan. 3, 2017, The Safe Freight Act states in part: “Effective 30 days after the date of enactment of the Safe Freight Act of 2017, no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163.”
The current two-person crew bill mirrors legislation that was introduced in the 114th Congress, which garnered 69 co-sponsors in the House of Representatives.
Now is the time to speak up and voice your support for two-person train crews! All active and retired members of the BLET and SMART TD, as well as their Auxiliary Representatives, should contact their House Representatives and ask them to Co-Sponsor H.R. 233, the Safe Freight Act of 2017.
SMART TD and BLET members: Please visit the SMART TD Legislative Action Center (LAC) where you can easily find and contact your representative and urge him or her to support H.R. 233. Click here to visit the LAC and let your voice be heard!
Members can also call the U.S. Capitol Switchboard at 202-224-3121, and ask to speak with the House of Representative member from your Congressional District. Contact information can also be found online at: http://www.house.gov/htbin/findrep.
Earlier this month, the BLET secured a significant victory for rail workers from the highest court in the United States to protect two-person train crews. On January 9, the United States Supreme Court denied a petition filed by the Wheeling and Lake Erie Railway asking that the nation’s highest court review and set aside the 2015 finding by the Sixth Circuit Court of Appeals that the railroad’s use of managers in place of union conductors was a major dispute under the Railway Labor Act.
The issue of two-person train crews has been in the national spotlight since the July 6, 2013, derailment of a Montreal, Maine & Atlantic (MM&A) oil train in Lac-Megantic, Quebec, which killed 47 people and destroyed the center of the town. The MM&A train was crewed by a single person. Since that time, there has also been movement by major freight railroads to seek collective bargaining agreements to allow for widespread use of one-person train operations. SMART TD and BLET have lobbied to protect two-person crews as being paramount to safety.
“The nationwide fight over operating crew size is far from over, and we are urging all BLET and SMART TD Brothers and Sisters to contact their member of Congress on this extremely important issue,” BLET National President Dennis R. Pierce said. “In spite of what the railroads might say, technology has not advanced to the point that it can replace the eyes and ears of railroad professionals. Please do your part as the job you save may be your own.”
“We will continue our tireless and years-long work of supporting a minimum of two crew members on all trains. An overwhelming majority of Americans from both political parties support this measure: the American people have spoken and are in favor of this bill. It is past time for our government to get on track, do the right thing and support H.R. 233. This measure is a matter of domestic safety and security for railroad workers, passengers, our cities, towns and our entire nation,” said SMART TD President John Previsich.
President Pierce and President Previsich both thanked Congressman Young for introducing the bill.
A full copy of H.R. 233 can be viewed at:
https://www.congress.gov/bill/115th-congress/house-bill/233/text?r=61
 
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The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
The SMART Transportation Division (SMART TD) is headquartered in the Cleveland suburb of North Olmsted, Ohio. It is a broad-based, transportation labor union representing more than 125,000 active and retired railroad, bus, mass transit and airline workers in the United States. It is a division of the International Association of Sheet Metal, Air, Rail and Transportation Workers based in Washington, D.C.

Rep. Young

Washington, D.C. (Jan. 17, 2017) – SMART Transportation Division announced the re-introduction of the Safe Freight Act (H.R. 233) by Rep. Don Young (R-Alaska) and former Chairman of the House Transportation & Infrastructure Committee, which would require two crew members — one certified locomotive engineer and one certified conductor — on all freight trains.
H.R. 233  would require that “no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least two individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163.” The newly-introduced legislation mirrors H.R. 1763, which received 69 bipartisan co-sponsors last year prior to conclusion of the 114th Congress. A copy of H.R. 1763 can be found here.
“SMART Transportation Division has been working tirelessly to promote safety in the railroad industry. There is no doubt that the safest rail operation is a two-person crew operation. After several major train derailments, we must send a clear message to our lawmakers and the general public that multi-person crews are essential to ensuring the safest rail operations possible in their communities. I would like to thank Congressman Young for his leadership on this critical issue as we continue improve safety on our nation’s railroads for both our members and the general public,” said SMART Transportation Division President John Previsich.
Last year, SMART Transportation Division repeatedly urged the Federal Railroad Administration (FRA) to finalize a rule requiring two-person minimum crews on trains. On June 15, 2016, SMART TD submitted comments in response to the FRA initial proposed rule. On August 5, 2016, SMART TD submitted additional comments expressing concerns about potential loopholes that would allow the operation of certain trains with fewer than two people.
Last July, SMART TD National Legislative Director John Risch testified before the FRA outlining the justification for a minimum two-person crew requirement. A copy of his testimony can be found here.
Visit our Legislative Action Center and ask your representatives to support H.R. 233.

Jan. 3 – SMART Transportation Division submitted comments protesting in-cab distractions to the Federal Railroad Administration (FRA). The FRA recently issued a public notice in docket FRA 2016-0002-N-22, allowing for comments to be made on in-cab distractions.

“We have been concerned about the increase of in-cab distractions for some time and have submitted letters and comments to the FRA with our concerns. Two examples are Trip Optimizer and Leader, which are computer-generated devices located in locomotive cabs that are allegedly being used to save fuel,” SMART TD’s National Legislative Director John Risch said in the comments.
“In addition, PTC implementation is causing greater cab distractions than we had hoped it would. Instead of the PTC system simply stopping trains when necessary, they are constantly messaging the engineer to take some minor corrective action and requiring the engineer to interact immediately, which takes the crews’ focus off the track ahead and on the cab electronic device.”

Click here to read the full comments made by SMART TD to the FRA.