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Representatives Salud Carbajal (D-CA) and Mike Lawler (R-NY) introduced bipartisan legislation today that will extend hours of service protection to yardmasters across the nation. The bill, known as the Railroad Yardmaster Protection Act, which SMART-TD endorses, brings yardmaster hours in line with those of other rail employees.  

The Federal bill follows our success earlier this year in Minnesota, where a similar SMART-TD championed bill was signed into law by Governor and Vice-Presidential candidate Tim Walz. The role our nation’s yardmasters play is now known at the highest levels of government. 

“Yardmasters serve a critical role in our nation’s railroad network,” Congressman Carbajal explains on his website, where he and Congressman Lawler announced the bill. “They oversee the operations of a rail yard and manage the duties of various rail workers. They not only direct the activities of their fellow workers but also [direct] passenger and freight trains when they arrive and depart. But currently, there are no limitations to the number of hours a yardmaster can [be required to] work in a day, week, or month. This is not only dangerous for the well-being of the yardmasters but the safety of workers on the yard and train passengers.” Our support for this bill reinforces our commitment to the safety and well-being of all SMART-TD members. 

Read Congressman Carbajal’s Press Release ► 

“Yardmasters are one of the most overlooked crafts in the railroad industry,” said Chris Bartz, SMART-TD alternate vice president and an active yardmaster himself. “They are responsible for all train movements and activity within a rail yard. The Yardmaster coordinates and supervises many work groups, including dispatchers, Maintenance of Way, supervisors, customer service, and the general public.

“Many Yardmasters are responsible for the safe operation of multiple train yards simultaneously. Some positions manage five train yards simultaneously. Railroad Officers expect the Yardmasters to execute their duties with perfection.  The workload and demands of the position cause the work environment to be continuously stressful.

“Yardmasters work 8-hour shifts but can be forced to work 16 consecutive hours if no relief is available. They can work 7 days a week, 365 days a year, without a mandated day off.

“It is deplete of reason that the Train Service employees are covered under hours of service laws that mandate rest periods, while the Yardmasters that supervise these employees can work extended hours and weeks on end.

“This legislation is desperately needed to improve the safety of our membership, and also the well-being of those working in all railyards and the general public.

“I am grateful to Representatives Carbajal and Lawler for having the foresight to see the necessity of introducing this critically important legislation.”

We extend our deepest appreciation to Reps. Carbajal and Lawler for their leadership and dedication to our cause. SMART-TD and our Legislative Department will continue to secure additional co-sponsors for this bill, uniting legislators who share our belief that the safety of transportation workers transcends any political affiliation. Together, we will continue to champion the rights and protections that Yardmasters and all rail workers deserve. 

Following suit with the other General Committees of Norfolk Southern, General Chairperson Dan Weir (GO-348), and General Chairperson Joe Borders (GO-346), representing yardmasters on Norfolk Southern properties, announced that on June 2 they reached an agreement with the carrier to provide quality-of-life enhancements for all Norfolk Southern yardmasters.

NS yardmasters will be granted, effective Jan. 1, 2023, and continuing each year after, four paid sick days to be used during the calendar year with unused sick days being paid out at the end of the year. In addition to the four paid sick days, NS yardmasters will be allowed to use up to three personal leave days or single days of vacation as paid sick days after a yardmaster has exhausted the annual sick leave provided in the agreement.

To further enhance this agreement, NS yardmasters’ personal leave days, due but not taken, will be allowed to be carried over to the following year and accumulated without a cap on the number of days that can be banked. NS yardmasters in good standing or whose employment status has been terminated may elect to receive payment for all or any portion of accumulated personal leave days. In the event of the death of the yardmaster, the personal leave days accumulated will be paid to the member’s estate.

Both General Chairman Weir and Borders, along with Alternate Vice President Chris Bartz agreed early on that they would stand firm to get the best possible agreement for the yardmaster craft on Norfolk Southern regarding sick pay. After numerous negotiations, calls and deliberations, the agreement was reached.

GCs Borders and Weir thanked both SMART-TD President Jeremy Ferguson and Alt. VP Bartz for their leadership and guidance in getting a positive agreement for the membership.

NS becomes first Class I railroad to negotiate paid sick leave for all craft railroaders

ATLANTA, and INDEPENDENCE, OH, June 5, 2023 – Norfolk Southern Corporation (NYSE:NSC) and the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART-TD) announced today that they have reached an agreement with representatives for their final group of craft employees – yardmasters – to provide up to seven paid sick days per year.

The agreement will immediately provide nearly 300 Norfolk Southern yardmasters with four new days of paid sick leave per year while also offering them the flexibility to use up to three additional days of existing paid time off as sick leave.

With this agreement, Norfolk Southern is the first Class I railroad to have negotiated paid sick leave agreements for 100 percent of its craft workforce.

“This agreement will provide our hardworking yardmasters the time they need and deserve to take care of their personal wellbeing,” said Jeremy Ferguson, President of SMART-TD. “I want to thank Norfolk Southern for their partnership on this deal, and for leading the industry as the first railroad to sign sick leave agreements for every one of our dedicated union members. And most importantly, I want to thank our SMART-TD general chairmen, Joe Borders and Dan Weir, for negotiating this important new benefit for Norfolk Southern yardmasters.”

This final paid sick leave agreement for yardmasters builds on the momentum from the comprehensive quality-of-life package that NS and SMART-TD negotiated last month for another group of SMART-TD members – conductors and trainmen. The conductor and trainmen agreement, which included paid sick leave, was ratified by union membership last Friday.

“Following national labor negotiations, we committed to address quality of life issues for our craft railroaders. With today’s agreement, we make good on that promise,” said Norfolk Southern President and CEO Alan Shaw. “I am proud of our team for working collaboratively with union leadership over the last four months to reach agreements that benefit all of our craft colleagues.”

Although this agreement is an important milestone for paid sick leave, Norfolk Southern remains actively engaged with all its labor partners to further explore and negotiate the quality-of-life benefits that will have the greatest positive impact for its employees and position Norfolk Southern as an industry leader and employer of choice.

Read a synopsis of the agreement.

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About Norfolk Southern

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have 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.

BLET members vote to ratify national rail agreement with the nation’s Class I railroads; operating craft (Train & Engine service) members of SMART-TD have voted to reject it, while TD yardmasters have voted to ratify their national agreement.

INDEPENDENCE, Ohio — Voting concluded midnight Sunday for members of the Brotherhood of Locomotive Engineers and Trainmen (BLET) as well as the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) on proposed new five-year collective bargaining agreements with the nation’s Class I railroads. BLET members voted to accept a tentative agreement reached on September 15; SMART-TD train and engine service members have voted to reject their proposed contract, while SMART-TD yardmaster members voted to accept. BLET and SMART-TD are the two largest rail unions, accounting for half of the unionized workforce on the nation’s largest freight railroads.

The five-year agreement ratified by BLET members and SMART TD yardmaster members addresses rates of pay, health & welfare, and other fringe benefits for approximately 24,000 locomotive engineers and other rail workers represented by the union who are employed by the nation’s Class I railroads.

A record number of eligible BLET members participated in the ratification vote with 53.5% voting in favor and 46.5% voting against.

Turnout among the more than 28,000 eligible SMART-TD members was also a record high. 50.87% of train and engine service members represented by SMART-TD voted to reject the TA, while 62.48% of SMART-TD-represented Yardmasters voted to ratify.  Representatives from SMART-TD will now head back to the bargaining table with the National Carriers Conference Committee (NCCC), which represents railroad management, to negotiate new terms for the affected train and engine service members.

“BLET is a membership-driven union.  In September, our National Wage Committee and our General Chairmen who represent freight rail workers unanimously agreed that the time had come for the membership to have a say on their contract,” said BLET President Dennis Pierce.  “Since then, we have worked to ensure that all of our members fully understand the wins and losses in the Presidential Emergency Board recommendations and how those recommendations were improved upon leading to the tentative agreement sent out for their consideration. In every communication we stressed that we were there to explain the tentative agreement, not to tell any member how to vote. Our goal was to get all involved members to cast a ballot — no matter how they voted.  With over two-thirds of eligible BLET members returning a ballot, a true majority of the membership has spoken and I want to thank them all for participating.  Rank and file member ratification of contracts is one of the core democratic principles of our Union.”

Under the provisions of the Railway Labor Act, the labor law for workers employed by railroads and airlines, contracts don’t generally expire, they become amendable. After the unions filed their Section 6 notices with the NCCC in November 2019, talks began in January 2020.

 “SMART-TD members with their votes have spoken, it’s now back to the bargaining table for our operating craft members,” said SMART-TD President Jeremy Ferguson. “This can all be settled through negotiations and without a strike. A settlement would be in the best interests of the workers, the railroads, shippers and the American people.”

A status quo agreement between SMART TD and management is in effect until December 8. Beginning on December 9, SMART-TD would be allowed to go on strike or the rail carriers would be permitted to lock out workers — unless Congress intervenes.

“The ball is now in the railroads’ court. Let’s see what they do. They can settle this at the bargaining table,” said Ferguson. “But, the railroad executives who constantly complain about government interference and regularly bad-mouth regulators and Congress now want Congress to do the bargaining for them.”

If there is a strike by SMART-TD or any of the other three rail unions that have rejected proposed contracts with the carriers, BLET and the other eight rail unions that have ratified agreements have pledged to lawfully honor their picket lines.

“We stood shoulder to shoulder with our brothers and sisters in SMART-TD and others in rail labor throughout this process, and we will continue to stand in solidarity with them as we approach the finish line in this round of negotiations,” said Pierce.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry. Find out more at the SMART-TD site: https://www.smart-union.org.

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. More information can be found on the BLET website: https://ble-t.org/

Former Vice President Donald Carver, who led the United Transportation Union Yardmasters Department from 1987 until his retirement in 2003, passed away January 11, 2022, one day prior to his 79th birthday, his family announced.

Carver

Brother Carver had a 41-year career on the railroad that began when he hired out in April 1962 as a switchman on the Louisville & Nashville Railroad. He joined UTU predecessor union the Brotherhood of Railroad Trainmen (BRT) in May 1962 before becoming a yardmaster and an officer in the Railroad Yardmasters of America (RYA), rising to general chairperson and a national vice president in the 1970s in that union before its merger with UTU.

In 1987, Carver was elected UTU assistant to the president/yardmasters and he served in that capacity before being elevated to vice president in 2003. In total, 29 of Carver’s 41 years were as a union officer.

The late Jim “J.R.” Cumby, Brother Carver’s immediate successor in leading the Yardmasters Department, wrote a tribute to Carver in an issue of the UTU News published after Carver’s retirement in September 2003:

“Don was an indefatigable road warrior. When the carriers raised the qualifying days worked to seven for carrier-paid insurance, Don went to bat for our part-time officers. With assistance from the negotiating committee, Don ensured all our part-time officers working on the railroad at least one day per month retained carrier-paid insurance benefits,” Cumby wrote in the November 2003 UTU News.

Carver left “some mighty big shoes” to fill in representing the union’s members, Cumby wrote.

Carver’s role with the union hadn’t closed quite yet. In 2004, he served on a blue-ribbon committee to shape union technological efforts for the union as it headed into the 21st century.

After announcing his retirement, Brother Carver closed his final farewell column to the membership with a traditional Irish blessing:

“May the road rise up to meet you, May the wind be always at your back, May the sun shine warm upon your face, And the rain fall soft upon your fields. And until we meet again, may God hold you in the palm of His hand.”

He is survived by his wife of 59 years, Dianna Mae, and two children, the Rev. Dr. Richard Carver Jr. (Stephanie) and Marla Sanders (Chris); five grandchildren; three great-grandchildren; and his brother, David. He was preceded in death by his parents, Rev. Dr. Edward and Alene Carver, and his sister Beth Ostercamp.

A celebration of Brother Carver’s life will take place 12:30 p.m. Monday, Jan. 17, 2022, at Schoppenhorst Underwood & Brooks Funeral Home, 123 Winning Colors Dr., Mt. Washington, Ky. Interment will follow at Bethany Memorial Cemetery, 10917 Dixie Hwy., Louisville.

The SMART Transportation Division offers its sincere condolences to the Carver family, his friends and the union brothers and sisters who knew him.

Click here read Carver’s full obituary or to leave condolences.

March 20, 2020
All Members — SMART Transportation Division
Dear Brothers and Sisters:

Today, House Democrats released the text of a $500 billion five-year funding authorization bill that defines their vision for the future of transportation in America, as well as outlines their plans to refresh and renew the infrastructure of the nation’s surface transportation network.

The Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act is the result of countless hours of work by this Union on the Hill and in the halls of Congress. The INVEST in America Act reauthorizes funding set to expire Sept. 30, but more so, sets standards for safety, training, and transportation reform that have long been sought by the members of SMART Transportation Division including:

  • Two-Person Crews;
  • Operator Assault;
  • Yardmaster Hours of Service
  • a “Cross Border” fix.

Additionally, Amtrak would see its funding triple to $29 billion over the five-year period of the bill, allowing for expansion of national, state and regional routes and facility modernization. Funding for the Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program also would be increased to $7 billion to fund passenger and freight rail projects. Provisions for/or against the transportation of liquid natural gas (LNG) via rail tank cars, blocked railroad crossings, and excessive freight train length, among others, also have been included.

Our National Legislative Office has been hard at work in Washington, D.C., to convey our issues to both sides of the aisle in the U.S. House and Senate, and the provisions within this bill are the fruits of that labor.

Undoubtedly, House Democrats have heard our cries and have answered the call. By including our issues within the context of this bill, they have let America know that the only safe operation of a Class I freight train is with a two-person crew; that our bus drivers and operators have the right to a safe work environment; and that the public should be shielded from the risks that rail carriers will take in the name of greed.

But make no mistake, this bill still has a long road to travel and a lot of heavy-handed opposition standing before it in the Republican-controlled Senate. We will need all hands on deck to protect the provisions we have all fought so hard for to survive that journey.

I am asking you to please watch this bill as it moves through the legislative process and see who and what hurdles it faces. I’m asking you to please pay attention to the party affiliations of the individuals as the yeas and nays are registered when the bill is voted upon. And I am asking you to listen to the rhetoric and testimony that will affect its final appearance. Once the dust has settled, I will call on you to please support those who support you and your family’s well-being, and I firmly believe that picture will be crystal clear.

There are only two parties at the table. The Democrats wrote it into the bill, only the Republicans will take it out.

Fraternally yours,

 

 
 
 

Jeremy Ferguson
President — Transportation Division

ABOUT THE INVEST IN AMERICA ACT

State Legislative Director Stu Gardner reports that proponent testimony has been scheduled for 11 a.m. Tuesday, Sept. 10, 2019,  in House Hearing Room 114 in the Ohio Statehouse, 1 Capitol Square in Columbus, regarding H.B. 186, a comprehensive railroad safety bill under consideration in the state’s House of Representatives.
“This is the SMART TD and BLET members, friends and concerned citizens’ opportunity to let the House Transportation and Safety committee know and understand the reasons why HB 186 – a comprehensive railroad safety bill — is important to us and the communities that our trains pass through, and where those railroad yards are located throughout the state of Ohio,” Gardner said.
H.B. 186 covers the following safety issues:

  • Two-person freight train crews
  • Proper walkways in railroad yard safety legislation
  • Railroad yard lighting safety legislation
  • Blocked crossings

The bill is sponsored by Ohio Reps. Mike Sheehy, a retired rail worker and member of the SMART TD Alumni Association, and Brent Hillyer.
Proponent testimony must be provided to Matthew Taylor in Committee Chairman Doug Green’s office (Matthew.Taylor@ohiohouse.gov.)  with the deadline for electronic submission of both written and in-person testimony and witness slip being 3 p.m. Sept. 9, the Monday before the hearing. On the day of the hearing, witnesses have the option of presenting their testimony in person before the committee if they have submitted the testimony and required witness slip by the deadline.
Gardner said that he plans to be at the Statehouse at 9 a.m. the day of the hearing.
“My hope is we have a large turnout (even if you are not giving testimony) to demonstrate our solidarity on these important rail safety issues,” he said.
If the volume of testimony warrants, Gardner said that subsequent committee hearings could be scheduled for the legislation so that all witnesses are heard.
“Please advocate and give testimony in support of H.B. 186,” Gardner said. “Thank you for your support.”
Instructions for those wishing to testify before the committee:
Prior to committee:

  • The House Transportation and Public Safety Committee is scheduled to meet on Tuesday mornings at 11 a.m. in House Hearing Room 114 in the Ohio Statehouse in Columbus.
    • The committee notice typically goes out on Friday afternoon. The notice will confirm that H.B. 186 is up for a hearing and when and where the committee will convene.
    • The Ohio SLB will work with the chairman’s office and our policy team to get as much of an advanced notice as possible
  • Testimony is to be electronically submitted to the chairman’s office by 3 p.m. Monday afternoon.
  • A witness slip (fillable PDF) is to be completed prior to the committee meeting and should also be submitted electronically to the chairman’s office.
  • Testimony and the witness slip can be submitted at the same time and there is no need to send multiple emails.
  • Materials may be submitted to Matthew Taylor in Chairman Doug Green’s Office at (Matthew.Taylor@ohiohouse.gov.)

Day of committee:

  • When the committee notice is distributed, SLD Gardner will make sure to relay the information and will draw attention to any changes that have been made to the committee’s location and start time.
  • Folks may arrive any time before the committee hearing begins.
  • There is no need to check in with staff so long as testimony was submitted properly.
  • Attendees may take a seat in the audience.
  • As committee begins, the chairman will announce the hearing of bills. As testimony begins on H.B. 186, the chairman will call each individual up by the name submitted on the witness slip.
  • After testimony has been given, the individual may remain in the committee room for the duration of the hearing.

Instructions for those wishing to submit written-only testimony:

  • Written-only testimony is for those who may not be able to attend the committee hearing to testify in person, or for those who may want to attend committee but do not wish to verbally testify.

Written-only testimony:

  • Testimony is to be electronically submitted to the Chairman’s Office by 3 p.m. Monday afternoon, the day before the scheduled hearing.
  • The witness slip is to be completed prior to the committee hearing and should also be submitted electronically to the Chairman’s Office.
  • Testimony and the witness slip can be submitted at the same time, and there is no need to send multiple emails.
  • Materials may be submitted to Matthew Taylor in Chairman Doug Green’s Office at (Matthew.Taylor@ohiohouse.gov.)

WASHINGTON, D.C. – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has posted new frequently asked questions (FAQs) on the agency’s standard for respirable crystalline silica in general industry.
OSHA developed the FAQs in consultation with industry and union stakeholders to provide guidance to employers and employees on the standard’s requirements, such as exposure assessments, regulated areas, methods of compliance and communicating silica hazards to employees. The questions and answers are organized by topic and include an introductory paragraph that provides background information about the regulatory requirements.
Visit OSHA’s silica standard for general industry webpage for more information and resources on complying with the standard.
Silica dust, when inhaled, affects the lungs and can be a contributor to the development of lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in workers. It is of potential concern to rail workers as the dust created from the passage of trains over track ballast containing silica could become airborne and be inhaled.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

On July 7, Grupo Mexico S.A.B. de C.V. announced that its Grupo Mexico Transportes S.A. de C.V. unit (GMXT) completed its procurement of Florida East Coast Holdings Corp., parent company of Florida East Coast Railway (FECR).
The acquisition had approvals from the Committee on Foreign Investment, Surface Transportation Board and the Federal Communications Commission.
SMART TD represents approximately 200 conductors, engineers, trainmen and yardmasters employed by FECR. The railway operates 351 miles of track between Jacksonville, Fla., and Miami.
Click here to read more from Florida East Coast Railway.