EDITOR’S NOTE: The following is an editorial from SMART-TD President Jeremy Ferguson.
Brothers and Sisters:
I write this editorial to lay out the facts about the Union Pacific-Norfolk Southern merger and the impact it will have on the future of rail labor.
Rail labor is approaching a defining moment like none other we have seen in the last century. Automation is advancing. Railroads are testing systems designed to operate trains with less human involvement. Autonomous freight equipment is moving through federally authorized testing. Carriers are pursuing technology that can take over more of the work performed by trained engineers and conductors.
The future is on the horizon, and nowhere is that more evident than the proposed Union Pacific-Norfolk Southern merger that’s currently before the Surface Transportation Board for review.
If approved and implemented, employees represented by SMART-TD in the crafts covered by our Jobs for Life agreement immediately before the merger’s effective date will be protected by the lifetime job guarantee that we secured.
Unfortunately, not all unions impacted by the merger can say the same.
SMART-TD and the BLE leadership have had our differences over representation, jurisdiction, and membership. But this is not another argument over whose logo appears on a union card. Defining moments such as these are about much more than old rivalries or petty disagreements. At times such as these, leading the way in protecting railroaders and their families is what matters.
At times like these, leadership, not fear mongering matters. At times like these, rumors and misinformation can derail your future. At times like these, you need to have the facts to make an informed decision about your future. I hope I can provide that.
The UP-NS Merger: What is the SMART-TD Difference?
Misinformation about the impact of the merger has been swirling. Here is the bottom line. When the merger is approved and implemented, employees represented by SMART-TD will be covered by our Jobs for Life agreement. What does that mean?
SMART-TD members will be protected:
- Under their Collective Bargaining Agreement and seniority district;
- With a written guarantee of employment protection for life in their craft; and
- Will not be furloughed for their working lifetime
Employees outside of our agreement will not have these protections. That’s the SMART-TD difference.
In other words, railroaders outside of SMART-TD’s lifetime protection will be at the mercy of the railroad, the Surface Transportation Board (STB), and the U.S. Congress. Not a combination that should inspire confidence in any railroad professional.
SMART-TD and I, as its President, do not want to see our fellow railroaders left in that position.
We do not want BLE members we have worked beside and befriended left without protection. We do not want their jobs, families, and retirement left dependent on empty promises unsecured by a formal legal agreement.
Another union’s criticism does not erase the guarantee SMART-TD secured. It does not extend the agreement to BLE-represented employees. And it surely does not create a signed lifetime protection for any BLE member.
SMART-TD’s Protection is Cemented in a CBA and Guaranteed in Writing
SMART-TD went on the offensive to secure our written guarantee. We went directly to the table. We did the work, and the results prove it. We secured a written commitment before the decision was made.
Just as with all of our agreements on working conditions, our SMART-TD guarantees are cemented in our CBA. At SMART-TD, we believe that our fight is for our current membership, not roster spots in UP’s Excel spreadsheet or a fictitious business model that will never be agreed to.
Having members of Congress send letters to the STB asking for protection does nothing to guarantee a single railroader a job. The Congress the BLE is relying on is the same Congress that has done nothing with the Rail Safety Bill; yet the BLE is banking on them being your family’s saving grace when you are staring down automation and the loss of your pension, pay, and benefits. That should scare the hell out of every railroader.
It does not place a lifetime employment agreement in that railroader’s hands. It simply asks a federal agency to examine the issues and determine what protections may be necessary. The STB will generally not impose more protections than what the law already allows, which is known as “New York Dock Protection” under a major transaction like this.
Our covered members know what will be waiting for them on day 1 and for the rest of their careers. The only other group of people I know of with this kind of job protection are U.S. Federal judges and the Supreme Court.
SMART-TD’s Agreement Has Been Tested
UP’s CEO Jim Vena came from the Canadian National Railroad. SMART TD had virtually the same job protection (no furlough) language in our SMART-TD /CN-IC Agreement. This language was put to the test in 2020 when COVID hit. The other Class I railroads furloughed Conductors and Trainmen; but at CN/IC the agreement would not allow it. This language was tested and proven then, and going forward will prevent a furlough for every current member of ours on the UP and NS for the rest of their careers.
The End-to-End UP-NS Merger Will NOT Create Less Competition Among The Carriers
It will create more competition with the trucking industry.
Despite the fact that the UP and the NS do not compete against each other for freight, the BLE claims the merger will create less competition among the carriers. This claim is not only geographically impossible; it is a self-serving fairy tale. Ask yourself why are the BLE/Teamsters spreading this falsehood when the map clearly tells us they are wrong? Most likely because the maps they’re relying on include coast to coast U.S. Interstates where a large percentage of their members operate-in trucks. In other words- the BLE/Teamsters have a conflict of interest- do they support their railroaders- or do they support their truckers?
A coast-to-coast railroad will actually increase competition against the trucking industry. Why is the BLE more worried about the trucking industry losing current advantages than they are about ensuring job security for all railroaders on the two properties in question?
SMART-TD Has No Conflict-We Are Looking Out for Railroaders and Their Families
Unlike the BLE/TEAMSTERS, SMART-TD is focused solely on railroaders and their families- NOT the majority of the Teamsters roster. We are not concerned about truckers and the trucking industry and their success or failure. By virtue of its membership the BLE must consider the Teamsters and their interests. SMART-TD does not.
We Welcome Our BLE Brothers and Sisters to Join Us Under Our Agreement
Our fight is not with the BLET’s rank-and-file engineers and conductors.
We share the cab with them. We sit across from them in the crew room. We trust them with our lives every day and night. Many started their careers as SMART-TD members, and every one of them has earned our professional respect.
We do not want to see them furloughed, displaced, or replaced by technology.
We want them protected.
That is why I am speaking directly to every BLET-represented railroader on the Union Pacific and Norfolk Southern. Take a serious look at the choice in front of you while there is still time to protect what you have fought for.
Ask your leadership to show you the signed agreement guaranteeing your employment for your working lifetime.
Ask what will protect you when automation begins eliminating assignments.
Ask what happens if Congress does not act, if the STB does not impose the protections being requested, or when years of litigation follow.
After doing your research (and I don’t mean having AI do it for you) and thinking about the lack of security that BLE and Teamsters Rail is offering you, read SMART-TD’s agreement. Ask yourself what protection the engineers have ever had. The NS Last man standing agreement? That doesn’t guarantee a job for the rest of your career; it only means the engineer might get to work until technology replaces his or her job then you are out on the street.
Do not rely on slogans from either union. Read the language. Talk with the people responsible for enforcing it. Find out what is required for you to obtain SMART-TD representation and come under the protections SMART-TD negotiated before the date the merger is implemented.
Once the merger is set- on one side will be the employees covered by SMART-TD’s Jobs for Life guarantee. On the other will be railroaders depending on protections that just don’t exist.
We want every engineer and conductor to enjoy the protections our members are guaranteed.
The time to make the decision is not after the merger.
The time is now.