A confusing scenario has played out in the Midwest this week involving the Union Pacific Railroad and its intention to create a new position in Kansas and Nebraska.

The truth of the matter is that UP is creating new positions; however, the positions being created are in addition to their current road and yard crews, not as a replacement for road conductors.

These utility positions will have the ability to assist road crews in addition to the standard utility role of working within yards. The utility jobs pay well and are additional scheduled positions that are not replacing the role of the traditional conductor on road trains.

The Associated Press (AP) ran a headline this week stating these utility jobs were the enactment of the UP’s now-infamous nomadic “Expediter” position which was the plan they made public last December before FRA to take conductors off road trains. Ironically, the recent article the AP ran was based on comments made by a member of UP management at a hearing in Topeka, Kansas that was making the state’s 2PC regulation the law throughout Kansas.

With this as the backdrop, it is difficult to understand how some have interpreted the statement of the executive as an announcement that UP was ready to come out of the world of poorly made YouTube videos and into the reality of American railroading and that the union had suddenly changed its position on a minimum crew size, but that is apparently what happened in some’s minds.

UP officer Jason Pinder’s imprecise statements during Monday’s public hearing on the Kansas Administrative Regulation that finalized our union’s successful efforts to bring 2PC to Kansas caused all this. Coverage of Pinder’s take on the new utility positions reasonably made railroaders in the region ask themselves the question, “Who do I trust the least, rail executives, or the media?” The answer is that you should check the sources for both!

Luckily for all involved and for accuracy’s sake, SMART-TD was well-represented at this hearing and is able to give first-hand details of what went on from not only Kansas State Legislative Director Ty Dragoo, but also Luke Edington, general chairperson of GO-953, who negotiated the UP crew-consist agreement for SMART-TD. These two leaders are intimately aware of what UP can and cannot do with these new utility workers. They are among the men who put in the time and effort to guarantee UP cannot, under any circumstances, remove conductors from the cab of the locomotive.

Brother Edington took the quotes from Pinder personally and did not appreciate the confusion the words of the ill-informed “railroader” caused for his members. Responding to what the AP published, Edington fired off a letter to UP’s CEO Lance Fritz. In his correspondence, Brother Edington pointed out that this new utility position “may only assist Conductors and Foreman with duties.” He added that his office has “not agreed to a ‘pilot program’ for redeploying conductors as Mr. Pinder alleges.”

Edington wants it to be clear to all involved, including Lance Fritz, that SMART-TD agreed to expand the utility assignment so it could assist road conductors as well as conductors and foremen on local and yard assignments. We stand firm and continue to maintain that two on the crew is the safest course of operations. We did not and will not agree to give away our members’ jobs!

See below the letter GC Edington sent to Fritz.

The governor of Kansas Laura Kelly (D) recently demonstrated her support for SMART-TD members and their safety by submitting comments to the Federal Railroad Administration (FRA) in support of a national two-person crew regulation.

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

“I am pleased to announce that Governor Kelly has joined our fight at the federal level,” Kansas State Legislative Director Ty Dragoo said. “We asked her to support our efforts with the proposed rulemaking by issuing comments from the state of Kansas, and she has shown once again that she is with rail labor.”

“As Governor of the state of Kansas, I directed my Department of Transportation to submit a proposed regulation requiring railroads that operate in the state to maintain a two-person crew in the controlling cab of the lead locomotive unit of each train. I believed that this was a needed step to preserve safe operation of the rail industry in Kansas. Having one person responsible for an 18,000+ ton train hauling hazardous materials jeopardizes the safety of our crews and the public at large,” Governor Kelly wrote in her comments.

Not only did Gov. Kelly write in support of two-person crews, she also cited instances of when two-person crews were necessary to protect her state during derailments and pointed out that as two persons currently operate trains on nearly all railroads in the state, no additional costs would be incurred by the regulation.

Follow this link to read Gov. Kelly’s full comments.

If you have not yet submitted your comments in support of a two-person crew regulation to the FRA, follow this link to do so now.

Follow this link to read the proposed rule.

Kansas State Legislative Director Ty Dragoo (Local 1503, Marysville, Kan.) accepted an invitation from the federal Department of Transportation to introduce DOT Secretary Pete Buttigieg and U.S. Rep. Sharice Davids at a Jan. 28 event discussing the Infrastructure Investment and Jobs Act (IIJA) in Kansas City.

“It’s no accident when federal agencies call on our state directors to be at the table when these events happen,” said Dragoo, who has been Kansas SLD since January 2010. “Our legislative team is second to none in D.C. National Legislative Director Greg Hynes and Alt. National Legislative Director Jared Cassity are making great connections and advancing our cause.

“It’s proof when we get these calls. SMART-TD is a key stakeholder in D.C. and throughout the country.”

U.S. Rep. Sharice Davids of Kansas’s third district speaks at an event promoting the Infrastructure Investment and Jobs Act on Jan. 28 with DOT Secretary Pete Buttigieg and SMART-TD Kansas State Legislative Director Ty Dragoo to her right.

Accompanied by Kansas Assistant State Legislative Director Chad Henton (Local 506, Herington, Kan.) and Kansas SLB Secretary & Treasurer Dan Bonawitz (Local 1409, Kansas City, Kan.), Secretary Buttigieg, Rep. Davids and SLD Dragoo took part in a roundtable discussion at the University of Kansas Medical Center campus with local elected officials, labor leaders and community members.

“The bipartisan infrastructure law is innovative legislation that will bring thousands of jobs to the state of Kansas,” Dragoo said in his introduction of DOT Secretary Buttigieg and Rep. Davids. “My organization is uniquely qualified to reap its benefits because we are the men and women that physically transport the products created by our great unions and building trades. We are moving from the Great Resignation to the Great Innovation. From SMART members building new HVAC systems for our nation’s schools and hospitals to SMART members transporting the much-needed resources to build and innovate this country. We get it done!

“Representative Davids was there when this much-needed legislation was drafted, and she voted to pass it into law. I am proud of both her and Secretary Buttigieg’s work to highlight the new law’s benefits.”

The event also spotlighted how, when implemented, the IIJA will create local jobs and spur economic growth across the third district of Kansas that Davids represents, including in communities that are traditionally overlooked, Dragoo said.

Buttigieg described the funds coming to invest in the nation’s infrastructure as being of historic levels and said that good-paying union jobs would be created in the state of Kansas and nationwide because of the bipartisan legislation signed into law by President Joe Biden last year.

“We are preparing to deploy historic levels of funding to help modernize transportation across the country thanks to this law,” he said. “This law is going to do so much in every part of the United States, and certainly here. It’s going to help us build more electric buses, to help kids get to school without being exposed to toxic fumes. It’s going to help us expand public transit to make commutes faster and traffic lighter.”

U.S. Department of Transportation Secretary Pete Buttigieg, right, meets with Kansas State Legislative Director Ty Dragoo and his family at an event Jan. 28 in Kansas City, Kan.
A portion of the day’s events took place during an outdoor press conference at the Rock Island and Cesar Chavez bridges, and Secretary Buttigieg, Rep. Davids and the SMART-TD contingent were joined by Kansas DOT Secretary Julie Lorenz and Kansas City, Kan., Mayor Tyrone Garner. The event highlighted the bridges for their complementary purposes as infrastructure and economic projects in Davids’ district:

Among the attendees were local labor and business community leaders, elected officials and transportation authorities. Dragoo’s family — Jessica, Kennedy, Quinn, Savannah and Jax — also attended some of the day’s activities.

“This was an amazing opportunity and one that our members in Kansas can be proud of,” Dragoo said.

In the June 2021 Talking SMART episode, we dug into freight rail safety issues that affect both railroad workers and the safety of communities around the country. Our featured guests were SMART Transportation Division Kansas State Legislative Director Ty Dragoo and former Transportation Division Nebraska State Legislative Director Bob Borgeson.

SMART Kansas SLD and freight rail safety expert Ty Dragoo
Ty Dragoo

Brother Dragoo followed his father into the railroad industry and hired on as a conductor for Union Pacific in 2005. He has served as a legislative representative of Local 1503 in Marysville, Kansas, been the state’s legislative director since 2010 and helped lead efforts to create a transportation safety task force in his state. Ty spoke with us about his work in Kansas, including two-person crew legislation and the downsides of so-called precision scheduled railroad.

Bob Borgeson

Brother Borgeson represented SMART in a state – Nebraska – with a high concentration of Transportation Division members, where he worked to bring greater public attention to the important work our members do. Bob spoke with us about the negative impacts of long trains, efforts to move two-person crew legislation in Nebraska, and the innovative media and outreach tools SMART has used recently to bring attention to key rail safety issues in his state.

In addition, listen for the open mic segment with SMART General President Joseph Sellers at the end of this episode. He responded to multiple questions that have come in from SMART members asking about what steps the Biden-Harris administration has taken to address the multiemployer pension crisis.

Return to Talking SMART index page.


Talking SMART is a member of the Labor Radio Podcast Network — working people’s voices, broadcasting worldwide 24 hours a day.

Another state is making a two-person freight crew the law of their land.

On July 27, the Kansas State Department of Transportation proposed a regulation that requires railroads that operate in the state to maintain a two-person crew in the lead locomotive.

“Kansas now joins a growing list of states that believe federal inaction on this issue is too great of importance to public safety and our members’ safety,” SMART Transportation Division Kansas State Legislative Director Ty Dragoo said in an email to TD members in his state. “The work we have done, the years of relationship building, the local, county and regional meetings where we have presented our case, and above all else, your efforts in your communities have finally paid off.

“Today is the proudest day of my career and, indeed, my tenure as a member of this great union.”

Kansas Gov. Laura Kelly, a Democrat, said the proposed rule was a needed step to preserve safe functions of the rail industry in the state in a news release announcing the regulation.

“Kansas has faced issues ranging from crew member fatigue to derailments which pose a threat to our safety and security – but by maintaining the current practice of requiring a two-person crew we can ensure the health and safety of Kansas workers,” she said. “This proposed regulation is a commonsense, necessary measure to protect our state’s railroad crew members and keep every community along the tracks safe.”

Exceptions to the Kansas regulation include switching operations, brake testing, safety inspections, or while performing setouts in conjunction with road service.

“The benefits of the proposed rule and regulation is railroad and community safety, including the role two-person crews can play in helping to prevent potential accidents or derailments and in emergency situations,” the state said in its release.

The persistence of Dragoo and the state’s legislative board paid off after more than a decade of work. Dragoo previously helped to persuade legislators to introduce a two-person crew bill, H.B. 6057, back in 2016, but it died while in committee.

“All the outreach by Brother Dragoo, the Kansas SLB, SMART-TD members and other rail workers and concerned parties was instrumental in proving the point that a safe operation is one with a certified conductor and a certified engineer working in tandem with technology playing a supporting, not a supplanting, part,” SMART-TD President Jeremy Ferguson said. “This realization is one that transcends partisanship and ensures the continued safety of Kansas residents and rail workers.”

Kansas becomes the second state in 2020 to move ahead on a two-person-crew regulation. Washington had a state two-person crew law signed March 30th that took effect June 11th. If the rule goes ahead in Kansas, it would become the 10th state with a two-person crew regulation.

At the federal level, a number of states and rail labor unions continue to engage in a lawsuit against the Federal Railroad Administration (FRA) in the U.S. Court of Appeals Ninth Circuit. The federal agency, led by Donald Trump appointee Ron Batory, has attempted to prevent states from passing laws mandating a minimum train crew size.

A hearing in that case is likely later this year.

Read the Kansas State Legislative Board’s statement on the proposed regulation. (PDF)

Read the Kansas DOT release announcing the proposed regulation. (PDF)

Ty Dragoo: On Making A Difference By Becoming A Convention Delegate
  Ty Dragoo is the Kansas State Legislative Director for SMART TD. 
 

From roll calls and speeches to flags and ticker tape, the national conventions are usually conventional pep rallies for the two major parties. But this year, the Democratic and Republican delegates and the rules that govern their gatherings matter.
On the left, the democratic field is full of candidates.
On the right, Donald Trump is the apparent nominee in the Republican convention.
I have been a national delegate to the 2012 and 2016 Democratic conventions for the State of Kansas. I was first approached about running as a delegate when elected to the labor committee of the Kansas Democratic Party. I quickly realized that this was an excellent opportunity to advance SMART’s legislative priorities. The notion that we, as labor, could have a seat at the table was paramount.
After all, it’s the delegates at the convention — not the voters back home — who have the last word on the nominees.
Any time there’s a closely contested nomination, it does come as a surprise to primary voters that the delegates are the ones who ultimately make the decision. That is why we need as many people in the labor movement involved in this process as possible.
How exactly the delegates do this is complicated. Here are the answers to some questions you may have had about the nominating process.
 
What is a delegate?
Delegates are the individuals who vote for their party’s presidential nominees at this summer’s conventions. The 2020 Democratic National Convention will be held from July 13th to 16th, 2020, at the Fiserv Forum in Milwaukee, Wisconsin.
Since by tradition, the convention of the party currently holding the White House is held after that of the opposing party, the 2020 Republican National Convention will be held on August 24th to 27th, 2020, at the Spectrum Center in Charlotte, North Carolina.
 
Who gets to be a delegate?
Most delegates are grassroots party activists who campaign to represent their congressional district or their state at large. But both parties also set aside a certain number of delegate slots for “party insiders.”
On the GOP side, these are each state’s party chair and two Republican National Committee members. The committee members — 112 in all — also make the rules that govern the national convention.
Under the Democratic Party’s system, about one-sixth of the delegates are party officials, members of the DNC, all the Democrats in Congress, all Democratic governors, and distinguished party leaders (such as all former and current presidents and vice presidents). Unlike the Republican party leaders, these 700 or so Democratic superdelegates aren’t bound to primary results and can vote for whomever they wish after the first round of balloting.
 
How do you become a delegate?
The rules for delegate selection are complex, varying not only by party but by state, by year, and even by congressional districts.
Most states stipulate that elected delegates should be reflective of primary results. The best place to start is to ask your State Legislative Director or State party.
 
Just how committed are the delegates?
All Democratic delegates, except the superdelegates, are pledged to vote at the convention for their state’s or district’s winner. On the whole, the GOP delegates are also supposed to reflect the will of their state’s voters, but the rules give them some leeway.
 
Why is it important as a union member to become a delegate?
Here are a few of the reasons SMART wants YOU to serve as a delegate at the national conventions.
Working Americans;
The parties need our economic class. States strive to reflect their diversity in the makeup of their delegations. SMART’s membership is comprised of good-paying middle-class jobs, making union members a natural fit.
Policy;
It’s a powerful way to shape labor policy. Members’ voices deserve to be heard. As a delegate, you’ll help draft the party platform, including making labor a central issue in the upcoming election.
Next President;
You could end up picking the party’s nominee. If nobody wins in the first ballot, delegates are free to shift their votes to the (pro-labor) candidate of their choice.
It’s Interesting;
Getting to see democracy in action, up close, as a party VIP, is a once-in-a-lifetime experience for most of us.

From left, Local 1409 Legislative Representative Dan Bonawitz Jr., TD Vice President Brent Leonard, Washington State Legislative Director Herb Krohn, TD President Jeremy Ferguson and Kansas State Legislative Director Ty Dragoo participate in an informational picket on Tuesday, Nov. 5, in Kansas City.

General President Joseph Sellers Jr. and TD President Jeremy Ferguson both participated in a town hall meeting and informational rally in Kansas City on Nov. 4 and 5 to draw attention to Union Pacific’s closure of the Neff Yard that resulted in about 200 lost jobs.
The event received local media coverage and was a success, said Kansas State Legislative Director Ty Dragoo.
“it was a great event,” Dragoo said. “We had over 170 members there. We’re definitely moving forward.”
More coverage of the event will be forthcoming.

Union Pacific’s version of Precision Scheduled Railroading (PSR) claimed more victims recently.
UP announced last week that it was doing away with its Neff Yard in Kansas City, Mo., and with it 200 well-paying rail jobs evaporate.
The short-term benefits of these and other workforce reductions by carriers in the name of PSR result in a few more bucks for Wall Street shareholders — the end result of PSR for all to see.
Ignored is the long-term damage done to customer service as the carrier tries to adapt to the change it has made to operations, to equipment because of deferred maintenance, to the lives of employees – both those who are left jobless and those who have to work even harder to pick up the slack — and to the economies of communities in which those good-paying rail jobs have vanished.
UP’s not alone. Right around Labor Day at two locations in Pennsylvania and one in Virginia, Norfolk Southern cut nearly 300 jobs. What do the two carriers have in common? They’re both knee-deep in PSR.
SMART TD leadership backs Kansas State Legislative Director Ty Dragoo, who wrote a letter to explain to members of the general public about what the carriers are really doing.
We support the Kansas State Legislative Board’s efforts to preserve jobs in the face of carrier cuts and hope that other members of rail labor follow his lead. SLD Dragoo’s letter is reproduced below. He is not being silent, and we will not be silent.
Dear Editor,
America’s railroads are going through a round of job cuts. But at what cost? We, the public, are paying for significant Wall Street gains while selling out our communities.
Union Pacific has announced the closure of Neff Yard in Kansas City. Now you get to hold the bag as UP takes the money to the bank.

Kansas State Legislative Director Ty Dragoo

Union Pacific Railroad’s decision this week to abolish 200 positions at Neff Yard follows similar force reductions by the other major freight rail systems across the country.
The cuts aren’t coming because the company is losing money: Union Pacific in July 2019 reported 2019 second-quarter net income of $1.6 billion, or $2.22 per diluted share. This compares to $1.5 billion, or $1.98 per diluted share, in the second quarter of 2018.
“We delivered record second-quarter financial results driven by exceptional operating performance, including an all-time best quarterly operating ratio of 59.6 percent,” said Lance Fritz, Union Pacific chairman.
The cuts aren’t due to burdensome corporate taxes. Union Pacific disclosed in 2017 the estimated impact from the Tax Cuts and Jobs Act in a filing with the Securities and Exchange Commission. That disclosure saw some shocking amounts of money to the tune of $6 billion.
The $5.8 billion benefit comes primarily from the revaluation of UP’s deferred tax liabilities to reflect the new federal corporate tax rate of 21 percent.
Also, UP stated the tax break law would result in a $200 million non-cash reduction to its operating expenses. It is also of note that many states and local communities have subsidized Union Pacific with tax money.
The most-significant financial boost was Union Pacific’s much-lower tax bill for the reporting quarters. Operating income may have increased, which is impressive knowing that workers are responsible for that, but the company’s tax bill since passage has been substantially lower, which has led to a massive increase in net income for the quarters.
Despite taxpayer dollars and tax cuts helping Union Pacific gain more per-share for Wall Street, their way to say “thanks” seems to be, pack up and go. This is leaving behind an economic catastrophe for impacted communities to clean up for themselves. To add insult to injury, the company didn’t even have the decency to warn employees until a few days out.
The cuts are due to insatiable corporate greed. Union Pacific is one of the largest U.S. freight rail operators with annual revenues of more than $20 billion.
While communities struggle with basic needs, education, public utilities, streets, emergency services, food tax rates, sales tax, etc. all at the table for increase when UP wants its cut. You have been paying more while they cut and run. This is a double slap to the face; one we must be vocal about.
These job losses will ripple through the heart of the local economy. Without income and security, workers and families won’t be able to spend on clothes, restaurants, recreation, and much more. Union Pacific isn’t only undermining workers and families, but entire regional economies.
As we stand in solidarity with the Union Pacific workers who are about to lose their livelihoods, we can’t forget that corporate decisions in faraway places leave deep scars in unsuspecting communities. Not only do workers in these communities deserve gratitude, but we must also hold companies who take them for granted accountable. When communities invest in companies, we are investing in jobs.
We kept our promise. Will Union Pacific and other railroads continue to break theirs?

Sincerely,

Ty Dragoo

Kansas State Legislative Director — SMART TD

 
Members in Kansas and Missouri — please take a few moments of your time to tell the elected officials listed below about what you think about the carrier cash grab that is PSR.
CONGRESSMAN EMANUEL CLEAVER
D.C. OFFICE
2335 Rayburn HOB
Washington, D.C. 20515
Phone: (202) 225-4535
Fax: (202) 225-4403
Email him at https://cleaver.house.gov/contact/email-me
CLEAVER’S KANSAS CITY DISTRICT OFFICE
101 W. 31st St.
Kansas City, MO 64108
Phone: (816) 842-4545
Fax: (816) 471-5215
 
CONGRESSWOMAN SHARICE DAVIDS
D.C. OFFICE
1541 Longworth HOB
Washington, D.C. 20515
Phone: (202) 225-2865
Email her at https://davids.house.gov/contact/email-me
DAVIDS’ KANSAS CITY DISTRICT OFFICE
753 State Ave., Suite 460
Kansas City, KS 66101
Phone: 913-766-3993
 
KANSAS CITY COUNCILWOMAN KATHERYN SHIELDS
City Hall
414 E. 12th St.
Kansas City, MO 64106
Phone: 816-513-6515
Email: katheryn.shields@kcmo.org
 
KANSAS CITY COUNCILMAN ERIC BUNCH
Legislative aide Crissy Dastrup 816-513-6517
Email: Eric.Bunch@kcmo.org
 
KANSAS CITY MAYOR QUINTON LUCAS
City Hall
29th Floor
414 E. 12th St.
Kansas City, MO 64106
Phone: 816-513-3500
Email: MayorQ@kcmo.org

Kansas Gov. Jeff Colyer shakes hands with Tara Mays, executive director of Economic Lifelines, after signing the House Substitute for SB 391 bill creating the Joint Legislative Transportation Vision Task Force on May 16. The bearded man to Colyer’s right is Kansas State Legislative Director Ty Dragoo.
Kansas State Legislative Director Ty Dragoo reported that the hard work of his legislative board has paid off with the Kansas Legislature passing and Republican Gov. Jeff Colyer signing May 16 the House Substitute for SB 391, establishing the Joint Legislative Transportation Vision Task Force.
“We would like to take this opportunity to thank all those legislators who supported this important step to building a vision for transportation in Kansas with labor at the table,” Dragoo said. “We greatly appreciate the assistance of all of those that voted in favor to pass the task force legislation.”
The task force’s purpose is to evaluate the current condition of the Kansas transportation system; solicit local input on projects; evaluate current uses of the state highway fund; evaluate current transportation funding and determine whether funding levels are sufficient for current and future needs; identify additional necessary transportation projects; make recommendations regarding the needs of the state’s transportation system in the future; and make recommendations on the future structure of the state highway fund as it relates to maintaining the state’s infrastructure.
The bill also includes a list of organizations, including SMART Transportation Division and the AFL-CIO, that will sit on the task force and help to formulate a 10-year plan for the state’s transportation system.
“SMART TD looks forward to being a part of providing the task force with the critical information that they will need to build a vision for the future of the infrastructure system in Kansas,” Dragoo said. “This is the first time in our board’s history that our union will be recognized and enshrined in Kansas statute as a stakeholder in transportation planning for this state.
“Brothers and sisters, that is not by accident. That is our hard work paying off.”
A PDF of the final version of the bill is available on the Kansas State Legislature website.

Kansas State Legislative Director Ty Dragoo reports that the hard work of his legislative board has paid off with his state’s Legislature voting to pass the House Substitute for SB 391, establishing the Joint Legislative Transportation Vision Task Force. The bill now heads to Kansas Gov. Jeff Colyer (R) for final approval, which he is expected to give.
“We would like to take this opportunity to thank all those legislators who supported this important step to building a vision for transportation in Kansas with labor at the table,” Dragoo said. “We greatly appreciate the assistance of all of those that voted in favor to pass the task force legislation.”
The task force’s purpose is to evaluate the current condition of the Kansas transportation system; solicit local input on projects; evaluate current uses of the state highway fund; evaluate current transportation funding and determine whether funding levels are sufficient for current and future needs; identify additional necessary transportation projects; make recommendations regarding the needs of the state’s transportation system in the future; and make recommendations on the future structure of the state highway fund as it relates to maintaining the state’s infrastructure.
The bill also includes a list of organizations, including SMART Transportation Division and the AFL-CIO, that will sit on the task force.
“SMART TD looks forward to being a part of providing the task force with the critical information that they will need to build a vision for the future of the infrastructure system in Kansas,” Dragoo said. “This is the first time in our board’s history that our union will be recognized and enshrined in Kansas statute as a stakeholder in transportation planning for this state.
“Brothers and sisters, that is not by accident. That is our hard work paying off.”
Click here to read the final bill.