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In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire department’s help.

Brother Franklin’s troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklin’s handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randy’s “Perfect work history” and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Carrier denies firearm rights

Franklin decided to challenge the carrier’s decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the state’s ability to protect Franklin’s rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

“Mike is one of our most seasoned LCs and was a great partner on this case,” Sale said. “We built a foundation in the initial investigation to support arbitration and legislation.” 

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

“(They) were tenacious and left no stone unturned,” said Franklin.

SMART-TD progresses a new gun law in Arkansas successfully

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555.   Excerpts and quotes from Franklin’s arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

“Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process,” Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklin’s bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklin’s employment being reinstated after he was targeted by UP’s unfair policy.

Union Pacific ignores the law

This would have been the end — if a railroad hadn’t been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklin’s lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didn’t care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

“They were basically spitting in the face of the state Constitution,” Sale said.

Supreme Court shoots down UP

Franklin and his attorney had come too far to roll over and give up. They took Franklin’s case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

‘This union never leaves one of its own hanging out to dry’

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklin’s determination to stand up to the carrier.

“As a state director, I’m proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach,” Sale said. “This was a case of everyone from the local office to my office and the general chairperson’s office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.” 

Franklin expressed great appreciation for the union’s efforts to resolve the matter.

“Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this,” Franklin said. “Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights weren’t taken from me.

“Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. It’s good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.”

The U.S. Senate has not forgotten its role in holding the big railroads accountable.

Maria Cantwell, the senator who heads the Committee on Commerce, Science and Transportation, confronted Union Pacific boss Beth Whited over an aborted safety review in a letter to the carrier.

The Federal Railroad Administration had to cancel the study this spring after they discovered UP coached their employees on how to respond to investigators. The railroad’s obstruction did not stop there, as they continued to drag their feet on providing answers.

Sen. Cantwell has now demanded all communications related to the aborted safety review. Cantwell gave the carrier until Aug. 9 to deliver.

Union Pacific should focus on safety instead of playing games

Cantwell noted in her letter that UP is going in the wrong direction regarding safety with a higher-than-average derailment rate than other Class I railroads.

Everyone at the SMART-TD railroad union, along with Sen. Cantwell, is very interested in hearing what UP has to say about why they felt the need to mislead the FRA, and what Whited and her company are doing to deliver meaningful safety measures.

Ms. Whited, we’re all ears.

Read Sen. Cantwell’s letter below

2024.07.25_Cantwell_to_UPDownload

In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire department’s help.

Brother Franklin’s troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklin’s handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randy’s “Perfect work history” and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Carrier denies firearm rights

Franklin decided to challenge the carrier’s decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the state’s ability to protect Franklin’s rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

“Mike is one of our most seasoned LCs and was a great partner on this case,” Sale said. “We built a foundation in the initial investigation to support arbitration and legislation.” 

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

“(They) were tenacious and left no stone unturned,” said Franklin.

SMART-TD progresses a new gun law in Arkansas successfully

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555.   Excerpts and quotes from Franklin’s arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

“Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process,” Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklin’s bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklin’s employment being reinstated after he was targeted by UP’s unfair policy.

Union Pacific ignores the law

This would have been the end — if a railroad hadn’t been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklin’s lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didn’t care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

“They were basically spitting in the face of the state Constitution,” Sale said.

Supreme Court shoots down UP

Franklin and his attorney had come too far to roll over and give up. They took Franklin’s case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

‘This union never leaves one of its own hanging out to dry’

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklin’s determination to stand up to the carrier.

“As a state director, I’m proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach,” Sale said. “This was a case of everyone from the local office to my office and the general chairperson’s office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.” 

Franklin expressed great appreciation for the union’s efforts to resolve the matter.

“Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this,” Franklin said. “Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights weren’t taken from me.

“Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. It’s good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.”

On Thursday, January 18, the Union Pacific Railroad (UP) and its new “All in it to win it” PR campaign were spotlighted in an article from Progressive Railroading.

In it, UP’s CEO Jim Vena and his team of executives did their best to paint a happy picture of a thriving company driven by the best interest of their frontline employees and heading in the right direction as a united front. This must come as a surprise to our brothers and sisters working for the UP.

Judging by the skyrocketing number of our members being disciplined and taken out of service under Vena’s new “12 Critical Safety Rules” policy, it is hard to imagine these conductors and engineers feel the same. Vena may very well have a “workplace family” at UP as laid out in the article, but it appears that labor is clearly not valued nor a part of it.

This new policy that took effect January 1 is the discipline policy equivalent of BNSF’s Hi-Viz attendance policy.

If this uptick of discipline cases was part of a larger push by the railroad to emphasize safety at UP, it would make some sense. However, that is not the case by any means. First, UP has yet to comply with the mandate from Department of Transportation Secretary Pete Buttigieg to join the federal close call reporting system known as C3RS. Any authentic corporate move toward an improved safety culture would have participation in this program as a cornerstone of the effort. Second, per a letter sent to UP’s Vice President of Labor Relations on January 5 by the five SMART-TD General Chairpersons who represent UP members, the carrier’s corporate culture has not made any such move toward safety.

In the GCs’ letter, they point out that UP has reduced training periods for new employees, as well as reducing refresher trips for current employees, along with reducing training periods in yards for foremen. UP has also done away with full-time safety positions. To say this company is instituting the absurdly strict discipline policy as part of an overall strategy to promote safety is simply disingenuous corporate propaganda.

At the heart of SMART-TD’s concerns over the new discipline policy is the harshness of the penalties, the scare tactics management uses to keep employees from working with their union, and that a second offense in two years results in a dismissal charge. All three of these directly contrast with the picture of the organization they painted for Progressive Railroading. This graph produced by UP displays these three points better than can be described.

Could this simply be another game of three-card Monte? Is UP using alleged “safety” violations as a knife to cut out employees instead of furloughing the employees? Does UP believe harsher punishment along with prior cuts to maintenance personnel produce the gain in profits needed in its 2.0 version of Precision Scheduled Railroading (PSR)?

This 12 Critical Safety Rules policy is designed to ensure that no one walking the ballast for UP has any sense of job security. At the same time, it’s designed to strategically drive a wedge between members and their union. The fact that involving your local chairperson in the process and having a hearing instantly doubles your probation period from 12 months to 24 and tacks on an instant 30 days on the street, is a straightforward message that UP does not want SMART-TD to intervene on our members’ behalf.

Perhaps this is a direct response to SMART-TD’s recent uptick in our win percentage against the carrier. Our UP local chairpersons and general committees have been victorious on appeals at a rate that is unprecedented. Our members are getting put back to work and retro pay is flowing into our locals at a steadily increasing rate.

Class I railroad empires were not built on a business model that tolerates fairness or even-handed treatment of their workforce. That is why the word “railroaded” is defined on dictionary.com as “to force a person into an action with haste or by unfair means.” There is no better way to describe how UP is “incentivizing” our members to sign waivers to avoid the looming hammer of discipline that arises from this new policy.

To be even more cynical about UP’s motives surrounding this policy, it feels as though they are using mass discipline in 2024 to avoid the need to furlough employees. In 2022 and 2023, UP came under federal scrutiny about the contrast between their mass furloughs and job cutting and their inability to honor their contractual obligations to service their customers. On two occasions the U.S. Surface Transportation Board (STB) had to step in and order UP to service customers who had filed complaints. The list of customers that were “embargoed” due to lack of manpower hit astronomical levels and with over 1,000 customers in 2022, per reporting from Railway Age Magazine.

Public and customer pressure has been widely applied to UP and other Class I railroads to address staffing levels and to service the American economy the way our nation’s railroads have been consistently relied upon to do since the 1860s. In short, it would be a bad look for the company to continue to furlough employees. Such would invite further scrutiny from the STB.

With furloughs off the table, the new discipline policy will put our members on the street en masse. UP is seemingly using the blanket 30-day suspension of its employees as a rolling furlough, ensuring that a large percentage of its T&E employees are off the payroll at all times. These 30-day penalties are enforced on the first offense an employee is accused of, with dismissal on the line for a second offense within 24 months.

Ironically, in the Progressive Railroading article, CEO Vena professes quite a different view on making mistakes on the job. In the article, he’s quoted as saying, “Since people in the field predominantly will execute change, sometimes their decisions will turn out to be errors. That’s to be expected and it’s OK to make mistakes because vast improvements sometimes require the courage to make hard decisions.”

In the article, Vena went deeper into this subject saying, “No one is perfect — mistakes will be made. I have made mistakes.”

As he notes, it is not only OK to make mistakes, but it is to be expected. In his own words, these errors in the field are a natural product of our members executing the changes he has brought to how UP does business.

But even the worst baseball player gets three strikes before they’re out. At UP, as a rail employee working under this policy, you get one, perhaps two.

Since CEO Vena has come clean on the fact that he, in fact, is capable of making errors, SMART-TD would like to encourage the new head of the largest railroad in the United States to take the next step and admit that this new 12 Critical Safety Rules policy is an example of where he has made a massive error. SMART-TD is challenging UP, its upper management, and Vena himself, to call this experiment what it is, a mistake, and to do the right thing by their workers and their customers by repealing it.

Until they do, our union is prepared to fight them from the top down. We encourage our brothers and sisters working for the UP under this policy to reject the company’s incentive to sign discipline waivers and not to voluntarily give up their rights to representation by their union.

Just as every winter slowdown turns into a summer busy season, we are confident that this ridiculous set of rules and outlandish punishments will also run its course.

One thing for sure is that a signed waiver does not go away. Please work safe. Please do your job with the dignity and respect for the equipment and work environment that the job demands, and when Vena and his ill-advised policies try to take what you’ve worked for away from you and your family, lean into the experience and institutional knowledge this union affords you.

Together, we will call this situation out for what it is. Stand up to this injustice and we will win this fight as a union family.

If CEO Vena truly wants to promote safety on his railroad, he should feel free to call SMART-TD’s Cleveland headquarters and schedule a conversation. We’ve been focused on the safety of rail operations since our founding. We would be happy to share what we know.

The Federal Railroad Administration (FRA) is looking into Union Pacific and its management for painting an inaccurate picture about its safety strategy.  SMART Transportation Division members were coerced to paint a rosy picture of their employer.

All SMART-TD members who took part in this survey should get on record with their local chairperson, then call UP’s ethics hotline. That number is (800) 998-2000.

East Palestine raises railroad safety awareness

When Norfolk Southern’s freight train lit up the horizon of East Palestine, Ohio, on February 3, 2023, it woke up more than the sleeping residents of Southeast Ohio. Federal regulators, legislators, the press and the general public all became instantly aware that dangerous materials were being hauled in mass quantities through their communities.

This prompted the Federal Railroad Administration (FRA) to conduct a safety culture analysis of Norfolk Southern and all other Class I railroads.

Norfolk Southern and its management team were cooperative. NS CEO Allen Shaw and his board cooperated with FRA and a valid and thorough safety evaluation. 

Union Pacific has chosen a more dangerous approach.

FRA says Union Pacific coached employee responses

On Friday, April 26, FRA served UP’s management team with written notice that it was suspending the assessment, suggesting that things are about to get ugly for the Omaha, Nebraska-based corporation.

The FRA safety evaluation begins with an employee survey to get the perspective of front-line workers.  The administration is looking for unvarnished answers and observations from our members. This creates a baseline for their investigation.

In his letter to Union Pacific, FRA Associate Administrator Karl Alexy shared that he suspects that, instead of allowing employees to speak freely and without fear of retribution, several employees were “coached to provide specific responses to FRA questions if they were approached for a safety culture interview.”

Survey manipulation widespread; workers fear retaliation

Alexy’s letter said that reports of management “coaching” workers “span the UPRR system and railroad crafts,” putting the objectivity of the information in jeopardy.

Workers during the process also expressed reluctance and a “fear of retaliation,” according to FRA.

Workers also had to report to their supervisor if they took part in the data gathering. Data integrity and confidentiality were thus not assured, Alexy wrote. “With widespread evidence that these fundamental elements have been jeopardized, FRA has no choice but to end data collection activities,” he wrote.

Union Pacific appears to violate its own policies

Two things jump out at SMART-TD about this situation. First, the study being conducted by FRA concerns the safety culture at UP. According to the railroad’s propaganda “Safety is Union Pacific’s No. 1 Responsibility.”  The obvious question is, what would CEO Vena and UP have to hide and why would they need to coach its workers if safety was its top responsibility?

Secondly, what happened to UP’s “Statement of Policy on Ethics and Business Conduct,” which is prominently featured in their rule book?

pdf_up_govern_bus-conductDownload

UP’s policy clearly says that “No employee should take advantage of any party through manipulation, concealment, abuse of confidential information, misrepresentation of material facts or any other unfair practice.”

An effort to deceive a federal regulator and threaten/bully its employees into taking part in its scheme appears to violate all of those rules.

Another interesting quote from UP’s Ethics and Business Conduct Policy is that “Communicating this policy and OVERSEEING COMPLIANCE is the responsibility of the Chief Executive Officer and officers of the Company.”

FRA stopped collecting safety data from the carrier due to its discovery of manipulation, according to Alexy. It may try to restart the process later.

Ramifications

As far as SMART-TD is concerned, if FRA’s allegations are proven to be true, UP CEO Jim Vena and his executive team have violated their own Ethics and Business Conduct Policy. Either he was part of this scheme to mislead FRA or he was derelict in his duty to oversee the compliance of the ethics policy according to his company’s policy. Moreover, such conduct does not show a responsible approach to safety that the company says it adheres to.

No matter how this situation between the FRA and UP plays out, it is in the best interest of all SMART-TD members who have taken part in this survey to get on record with your local chairperson and the carrier’s ethics hotline. That number again is (800) 998-2000.

Your union will keep you informed as this situation progresses.

2024.04.30_UP_notification_from_FRADownload

Surface Transportation Board Chairman Martin Oberman has seen some rail carriers cut jobs and neglect their infrastructure in pursuit of short-term profit, and he says there’s nothing to like about it.

Oberman spoke last week before the Southeast Association of Rail Shippers’ conference, and the “cult of the operating ratio” (OR) could be rising again with BNSF and Union Pacific cutting workers and a hedge fund looking to seize Norfolk Southern.

“These low OR — which could only be achieved rapidly — as the activists demanded — by cutting payroll — have meant lots of free cash which the Class Is have not been shy about paying out in stock buybacks, dividends, and in BNSF’s case, returns to its owner,” Oberman said. “The total in the last decade or so is over $250 billion — money which was not invested in retaining workers or building new infrastructure to increase a railroad’s reach and serve more customers.”

Billionaire Warren Buffett said as much in his recent letter to shareholders, expressing disappointment in BNSF’s latest returns. Union Pacific ousted a CEO in 2023 and the new one is doubling down on squeezing workers in the name of shareholder return.

SMART-TD members and rail workers have been coping with the consequences through job cuts, irresponsibly long trains and inhumane work schedules. For our members, “PSR” stands for “punishing and sadistic railroading.”

Starting in about 2014, more than 45,000 rail workers lost their jobs because of the quest for increased efficiency.

“Railroads are a regulated monopoly. They have a common carrier obligation to the public interest and to the nation’s economy,” Oberman said. “Unlike other businesses, railroad management and owners are not just free to manipulate the business by draining the company’s resources for short-term gain.”

Too often, the pro-free market crowd, overseeing spreadsheets from the comfort of their railroad offices, think that “free market” means “we can run our business however we want and do to workers and the communities we affect whatever we want. We’re here to make money, and they should be happy about it. They’re lucky we’re here.”

That mentality’s brought longer trains, fewer inspections and less emphasis on safety, as much as industry executives and mouthpieces like the Association of American Railroads and Railway Age claim the railroads are working in everyone’s best interests. PSR is only good for everyone who owns stock.

The industry’s shareholders cruised through the initial wave of PSR with fatter wallets and bigger dividends, Oberman noted in his speech. Contrast that with the thousands of workers who were sent home for the last time as service to their former customers suffered.

Investor neglect drew attention of federal regulators, including Oberman’s STB, after a post-COVID national supply chain meltdown. The STB held hearings on carrier performance in 2022 and has kept a close eye on carrier personnel levels since.

Recent events indicate carrier leadership is being guided back to its shortsighted ways. Investors demand quick profits at the exclusion of all else. Hundreds of jobs have been cut from BNSF and Union Pacific over the past weeks and months.

So when leaders such as Oberman and Federal Railroad Administrator Amit Bose decide to oversee the industry through a more skeptical lens, along with the workers and the members of the media, those folks in the comfortable offices get less comfortable.

Oberman also expressed his doubts about activist investor group Ancora’s plan to replace Norfolk Southern’s leadership with a who’s who of exploitative executives.

“Several weeks ago, Ancora wrote me a letter. The essence of their message was that they had taken a $1 billion dollar stake in NS in order for it — quote — ‘to become a safer railroad,’ ” Oberman said. “Really? What hedge fund raises $1 billion to promote safety anywhere? The measure of Ancora’s disingenuous pitch to improve safety is that its slide deck completely omits reference to FRA data which shows that, in the last year, NS has been an industry leader in reducing mainline rail accidents and derailments.”

SMART-TD members —  the people who do the work — have lived through PSR. Oberman has gone through PSR, as has Bose. It was a failure for workers, shippers and catastrophic for the national supply chain. It’s not wanted by anyone or good for anyone except for those who would reap the most by doing the least.

The watchdogs of the industry — Oberman, Bose and SMART-TD — all recognize this. We do not want to go through it again.

UP and BNSF executives — you’ll need to get to work, because PSR doesn’t.

Read Oberman’s speech

In May of 2023, SMART dealt a major blow to Union Pacific when, after four years, we successfully received an arbitration award that sustained our claim for protective benefits for five SMART Railroad, Mechanical and Engineering (RME) members that were furloughed by the carrier and replaced with contractors.

On October 1, 2019, Union Pacific sent a notice to SMART stating that it was furloughing nine employees working in the Water Service Department, and that the carrier intended to contract out the work. Union Pacific refused to follow the black letter of the collective bargaining agreement and instead arbitrarily selected which of the furloughed employees would receive protective benefits, denying benefits to others.

SMART filed a claim on behalf of the members that were refused protective benefits, and the case was heard before a Special Board of Adjustment in 2021. The claim was originally denied by the arbitrator; however, SMART asserted that the board’s decision was not based on the clear language of the agreement and filed a motion to vacate in district court. The court agreed with SMART and remanded the case back to the arbitrator, which meant going through the entire arbitration process a second time.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job. The money will go a long way.”

RME member Don Yei

The case was heard again in March 2023 — and SMART prevailed. Union Pacific was ordered to provide protective benefits to the members’ choosing based on the options set forth in the agreement. In total, these SMART members will receive more than $840,000 in protective benefits.

“Union Pacific is a huge railroad, and it fought hard to deny the members what was rightfully theirs,” said International Representative Joe Fraley, who handled the case. “But even when times got tough, the members had SMART’s back — and SMART had theirs. Together, we fought smarter, we fought harder, and we won. That’s what being SMART is all about.”

“I am honored and humbled to represent the members — the members are the real heroes here, and they deserve every penny that they will receive,” he added. “We would not have done it without all of us working together. We would not have done it without being SMART.”

For the victorious members, the case demonstrates the material difference of union solidarity.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job,” said RME member Don Yei. “The money will go a long way.”

Since 1998, trains coming across the Mexican border to the United States in Laredo, Texas, have been run by crews from Mexico that are not certified by the Federal Railroad Administration (FRA). These crews have been taking trains into Port Laredo, where they receive an initial Class I inspection and brake test on U.S. soil.

This practice was established back in 1998, when Union Pacific requested a variance from FRA. The variance was reconfirmed in 2003, 2008, 2013, 2018 and was reapplied for in 2022. For years, the agency’s leaders responded to any request for renewal by saying, “Yes — if the railroad asked for it, it must be OK.”

But in 2023 — unlike the four prior requests — SMART-TD President Jeremy Ferguson, National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Kamron Saunders, Texas’s state legislative director, officially requested FRA put an end to this practice. Along with our allies in the AFL-CIO’s Transportation Trades Department and other rail labor organizations, SMART-TD submitted strong public comments that pointed out many holes in the logic.

In October, FRA released its ruling on UP’s variance request. The carrier will continue to be allowed to perform Class I brake tests 10 miles into the U.S. in its yard in Port Laredo, Texas. However, in a clear victory for labor, a new rule was added:

“13. All trains crossing the international bridge at Laredo and destined for UP’s Port Laredo Yard must be operated from the bridge to that Yard by a properly qualified and certified UP locomotive engineer and conductor.”

Local Chairperson Eddy Castaneda of Local 1670 (Laredo, Texas) is also vice general chairperson of the San Antonio Hub, and explained that he is highly excited about the news out of the FRA.

“It has been a long fight to get this work back, and this is a big win for us. It wouldn’t have been possible without everyone working together,” he said. “All the local chairs in the Laredo Hub — Scott Chelette, our general committee chair, and Kamron Saunders, our Texas state legislative director — as well as the International, have been relentless: working on Congress and the FRA to get these jobs back in the hands of FRA-certified crews.

“We are grateful for those of us here in Laredo, but we have a long fight still to go. There are many other border crossings and a lot more crew bases we need to fight for.”

President Ferguson was in Texas at a Houston rail labor rally shortly after the FRA released its ruling.

“The carriers involved gave our work to non-FRA-certified foreign national crews a long time ago to save a buck for their shareholders,” he said at the time. “Today, our members got back some work that is rightfully ours, and this country is safer and better off for it. I’m proud of the work SMART-TD has done to make this happen.”

Cassity said FRA’s action is a step towards normalizing cross-border regulation.

“It is great that we got this work back for our crews, but the big-picture win is that FRA listened to SMART-TD,” he explained. “They listened to the views of Kamron Saunders and didn’t blindly swallow whatever the railroads tried to sell them. This FRA isn’t afraid to deny the railroad what they want if it isn’t the safest policy for our workers and the country itself.”

For more information, read FRA’s ruling embedded below. 

2023.05.12-FRA-UP-Laredo-requestDownload

Since 1998, trains coming across the Mexican border to the United States in Laredo, Texas, have been run by non-FRA-certified foreign national crews from Mexico. These foreign crews have been taking trains into Port Laredo, where they receive an initial Class I inspection and brake test on U.S. soil.  

This practice was established back in 1998 when Union Pacific requested a variance from FRA. The variance was reconfirmed in 2003, 2008, 2013, 2018 and was reapplied for in 2022.  

Multiple times this variance has come up for renewal, and the question has been asked of FRA whether it would be permissible for crews over whom they have no oversight to take trains 10 miles deep into our country without an inspection and without a thorough brake test. For years, the agency’s leaders answered, “Yes — If the railroad asked for it, it must be OK.”  

In 2023, UP put in its standard request seeking a rubber stamp to continue the practice, using the same tired justifications the carrier has used for a quarter-century. All unions know crews are paid by the mile, and UP had somehow found a way to trade the border security of this country and the safety of our rails so the carrier wouldn’t have to pay U.S.-based crews for those 10 extra miles a day.  

But unlike the four prior requests, SMART-TD President Jeremy Ferguson, National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Kamron Saunders, Texas’s state legislative director, officially requested FRA put an end to this practice. Along with our allies in the AFL-CIO’s Transportation Trades Department and other rail labor organizations, SMART-TD submitted strong public comments that pointed out many holes in the logic.  

This week, FRA released its ruling on UP’s variance request. The carrier will continue to be allowed to perform Class I brake tests 10 miles into the U.S. in its yard in Port Laredo, Texas.  

HOWEVER, in a clear victory for labor, a new rule was added.  

“13. All trains crossing the international bridge at Laredo and destined for UP’s Port Laredo Yard must be operated from the bridge to that Yard by a properly qualified and certified UP locomotive engineer and conductor.” 

Local Chairperson Eddy Castaneda of Local 1670 (Laredo, Texas) is also vice general chairperson of the San Antonio Hub and highly excited about the news out of the FRA this week.  

“It has been a long fight to get this work back, and this is a big win for us. It wouldn’t have been possible without everyone working together,” he said. “All the local chairs in the Laredo Hub, Scott Chelette, our general committee chair, and Kamron Saunders, our Texas state legislative director, as well as the International, have been relentless — working on congressmen and the FRA to get these jobs back in the hands of FRA-certified crews. 

“We are grateful for those of us here in Laredo, but we have a long fight still to go. There are many other border crossings and a lot more crew bases we need to fight for.” 

President Ferguson was in Texas at a Houston rail labor rally shortly after the FRA released its ruling. When he got word of this win for common sense and public safety, he had this to say: 

“The carriers involved gave our work to non-FRA-certified foreign national crews a long time ago to save a buck for their shareholders. Today, our members got back some work that is rightfully ours and this country is safer and better off for it. I’m proud of the work SMART-TD has done to make this happen. This ruling helps shore up a national security concern. This is a good day for our members and this country’s safety.” 

Alternate National Legislative Director Jared Cassity said FRA’s action is a step forward to normalizing cross-border regulation. 

“It is great that we got this work back for our crews and were able to add security to our borders, but the big-picture win is that FRA listened to SMART-TD,” Cassity said. “They listened to the views of Kamron Saunders and didn’t blindly swallow whatever the railroads tried to sell them. This FRA isn’t afraid to deny the railroad what they want if it isn’t the safest policy for our workers and the country itself.”  

For more information, read FRA’s ruling embedded below. 

2023.05.12-FRA-UP-Laredo-requestDownload

The oldest railroad in the nation has finally realized that people get sick.

About 6,000 SMART Transportation Division conductors and trainmen and 75 SMART Rail, Mechanical and Engineering (RME) Department workers have secured paid sick leave from Union Pacific after voting to ratify their respective tentative agreements.

RME members reached their agreement with the railroad in spring 2023.

“For our members, we stuck together with other unions, and we were able to win four unpaid sick days, with the option to convert three other paid leave days,” said SMART General Committee 2 General Chairperson John McCloskey.

The agreement for TD members was reached on July 10 by Alt. Vice President and General Chairperson Scott Chelette (GO-927); Alt. Vice President and General Chairperson Gary Crest (GO-887); General Chairperson Joey Cornelius (GO-569); General Chairperson Roy Davis (GO-577) and General Chairperson Luke Edington (GO-953).

“This is a great day for our members as this agreement is all inclusive to all members and can be used for not only themselves but also in their families’ illnesses as well,” said Chelette, whose GO-927 unanimously ratified the agreement. “The ability to bank unused days for future use in case they are needed, or having a cash out option, is a huge benefit.”

“This agreement is not only great for our members, it’s great for our industry. This is the start of us working on real quality of life issues for our membership,” Crest said. “We look forward to delivering more victories like this in the coming years.”

“This is a great agreement,” added Davis, whose GO-577 also ratified it unanimously.

The agreement, ratified by more than 96% of members in favor, includes:

  • Five (5) paid sick days to all employees actively working in road and yard service, including Hostler/Hostler Helpers and Firemen in Training. Paid sick days can be taken at any time and cannot be denied.
  • In lieu of the restricted medical days provided to employees in unassigned service only in Side Letter #3 of Public Law No. 117-216, all employees, regardless of class of service that is represented by, will have the ability to convert three (3) single vacation days to paid sick days to be taken on demand, any day of the week that cannot be denied.
  • The Additional Day provided in Public Law No. 117-216 can now be taken on demand, any day of the week, without restriction unless it falls on the following holidays: July 4th, Thanksgiving, Day After Thanksgiving, Christmas Eve and Christmas Day.
  • Creates a process for banking of up to sixty (60) days of any unused Personal Leave Days, Paid Sick Days, and the Additional Day. This includes the ability to cash out or utilize any or all banked days.