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Simon

The members of Long Island Rail Road General Committee of Adjustment GO 505 have ratified a new agreement with LIRR management by a 97 percent margin, General Chairperson Anthony Simon reports.

It is the largest margin of approval for a contract in the general committee’s history.

Simon also said the approval rate for the eight-union coalition withstood together in bargaining with the LIRR was 95 percent.

Simon thanked SMART General President Joseph Nigro, General Secretary-Treasurer Joe Sellers and Transportation Division President John Previsich for their financial and material support and counsel.

“This shows with the support of our International and our membership, there is nothing we can not accomplish. I thank President Nigro for giving me the opportunity to speak at the first SMART Convention and for recognizing our delegates and our members on LIRR,” Simon said.

“This truly shows the unity in our merged unions and what we can achieve standing shoulder to shoulder in solidarity.

“A special ‘thank you’ goes to my entire committee for there tireless work in such a huge fight. My committee is the best committee I could ever ask for and I am very fortunate to have this team.

“To our members, I asked you to stand with me and trust me and said I would fight to the end to get them a contract they deserve and earned, and our members stepped up, and I thank them from the bottom of my heart.

“I will never stop fighting for the most professional and hard working members.”

The vote concluded more than four years of battling with New York’s Metropolitan Transportation Authority during a difficult and highly publicized contract dispute.

The MTA had been seeking net zero wage increases, major pension reform, large health care contributions, work rule give-backs and excessive concessions for new hires.

The settlement provided in excess of 18 percent of compounded wage increases over six-and-a-half years. Certification pay was achieved in the amount of $10 per day worked as a conductor and a modest two percent health and welfare contribution was accepted, based on a straight week’s pay. Minor adjustments were made for new hires that extended their requirement to pay four percent toward their pension for five additional years and their current wage progression was extended by just two years. Not a single work rule was compromised.

previsich_web_062714-150x150SMART Transportation Division President John Previsich has responded to an inquiry from Florida State Legislative Director Andres Trujillo requesting an interpretation related to the role of the SMART Transportation Division Legislative Department in connection with the collective bargaining jurisdiction of SMART’s general committees. 

The inquiry relates to a proposed collective bargaining agreement between SMART Transportation Division GO-001 and BNSF Railway and is in regard to crew consist for its affected members.

 The text of the letter follows.

“Mr. Andres Trujillo, Chairman
National Association of State Directors

“Dear Sir and Brother:

“This is in response to your letter of August 5, 2014, wherein you request an interpretation related to the role of the legislative department in connection with the collective bargaining jurisdiction of our General Committees. Your inquiry stems from questions in connection with a collective bargaining agreement proposed by GO-001 regarding crew consist for its affected members. A number of issues have been raised in connection with that agreement and this response to your inquiry will include clarification of those issues so that all concerned will be fully informed on this matter.

“To begin, the issue of a General Committee’s right to negotiate crew consist for its members is a matter long settled. Our constitution grants the General Committees jurisdiction in this area and this organization has successfully defended that right over the years through litigation and arbitration (see, e.g., United Transp. Union v. Alton & S. Ry. Co., Case No.: 05-190-GPM, 2006 WL 664181 (S.D. Ill. March 10, 2006)). There are no grounds for any entity to interfere with that right and there will be no attack on that authority by this office or any subordinate body of this organization. Nonetheless, it should surprise no one that the proposed agreement is generating a great deal of discussion due to its potential impact beyond its own territory. This office will not interfere with the rights of all of our members to engage in that discussion.

“Next, a question has been raised with respect to the knowledge of the Transportation Division regarding the proposed agreement. Earlier this year, the officers of GO-001 requested a meeting to discuss “a matter of great importance to the committee and its members.” At the meeting this office was informed that GO-001 was negotiating an agreement that may include a provision for engineer-only operation under certain conditions. Included in that meeting was a discussion of general committee autonomy and authority to make crew consist agreements. An actual quote by one of the officers is “I have a file cabinet full of precedent that crew consist is a General Committee issue.” There was a great deal of discussion over the wisdom of making such an agreement and the affect that it would have nationally on other properties and on our legislative effort to require two certified people on every train.

“Some number of months later another meeting was requested, this time to inform this office of the content of the proposed agreement. Again, the wisdom and difficulties of such a proposal were discussed and it was stated by the undersigned that “if a committee is forced to submit to single person operations this outcome isn’t too bad.” In addition, some small errors were noted for correction. The key component of the statement above is “If a committee is forced to submit to single person operations.” Any assertion that such a statement constitutes an endorsement of the agreement is, at best, deliberately misleading and, in fact, the officers in the meeting were told in no uncertain terms that the agreement was in conflict with our national agenda and would not be endorsed by this office.

“Although the proposed agreement is clearly within the authority of the officers of GO-001 to negotiate, there is no doubt that passage of such an agreement would alter our dialogue in the legislative arena. As you are aware, efforts to preserve jobs and safety currently in progress are far reaching and not confined to H.R. 3040. The role of the legislative department is unchanged – we are working in every regulatory and legislative arena to protect our members and the public from the danger of single person operations and those efforts will continue.

“It is worth noting here that all General Committees with crew consist agreements will face expiring moratoriums at some point in the future. It is also important to note that an expired moratorium is where negotiations begin – once expired, notices must be served by the parties to enter into negotiations in accordance with the Railway Labor Act (this is intended to clarify any misinformation that would suggest to the listener that conductors are automatically removed from the train when a moratorium expires).

“Some will say that it is better to act earlier and get something at the cost of current jobs and others will argue it is better to wait while preserving current jobs for some time into the future, allowing legislative, regulatory and safety considerations to play out in the intervening time. Regarding the current proposal, it is up to the members of GO-001 to decide if now is the time for their committee to address single person operations.”

Delegates to the First SMART Convention at Caesars Palace in Las Vegas have returned General President Joseph J. Nigro and General Secretary-Treasurer Joseph Sellers Jr. to five-year terms in office by acclamation.

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Nigro

Sheet Metal Division delegates also returned by acclamation all 11 current vice president to the General Executive Council.

In keeping with provisions of the SMART Constitution, each officer was nominated and seconded and voting delegates were given the opportunity to propose other candidates.

All 1,007 certified voting delegates, representing a variety of crafts from SMART’s new, diverse membership, were eligible to vote for the offices of general president and secretary-treasurer. Only Sheet Metal Division delegates were eligible to participate in yesterday’s elections for the sheet metal vice presidents.

Transportation Division officers were elected at the Transportation Division Convention June 30-July 2. 

First General Vice President Bruce Word took over the convention chair to conduct the electoral process, beginning with the nominations to elect Nigro and Sellers, followed by nominations and elections of 11 general vice presidents.

After the voting was concluded, Word administered the oath of office to 20 international officers, including the officers of the Transportation Division.

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SMART General President Joseph Nigro and General Secretary-Treasurer Joe Sellers Jr.

Sometimes, when a train bears down on a person who has gotten onto the rails, his eyes meet the engineer’s just before impact.

“We have fatalities where people just lay themselves on the tracks, and they could be possibly staring right up at you,” said Anthony Bottalico, 58, a union official who began working as a conductor 38 years ago.

Read the complete story at LoHud.com.

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Nigro

SMART General President Joseph Nigro opened the proceedings of the First SMART General Convention Aug. 6 at Caesars Palace in Las Vegas with a message stressing education, strength and unity.

Following the presentation of the Colors by the Palo Verde High School Junior ROTC and the singing of the Canadian and U.S. national anthems by former Sheet Metal Local 67 former bookkeeper Melina Narezo, Nigro advised delegates and guests that union leadership at all levels need to make sure they know their jobs and responsibilities.

“Let’s make sure you represent the people to the best of our ability — whether it’s planes, trains, buses or sheet metal, our leaders have to be educated; they can’t just shoot from the hip.”

After affirming that a merger between the former Sheet Metal Workers International Association and United Transportation Union was formally consolidated, Nigro acknowledged that some differences of opinion among the membership remain and encouraged discussion and debate.

“We’re going to fight some. We’re going to bleed some. But we’ll all bleed the same blood,” he said. “I’m tired of saying ‘we’ and ‘them.’ I want to feel comfortable saying ‘us.’ So, get all your animosity out.”

“We need to close the convention on Friday with one mission — that we are one union. That we are not divided, and we won’t let anything divide us. A house divided will fall. We will not go that way.”

Nigro spoke directly to all levels of union leadership — business managers, business agents, general chairpersons, and local chairpersons — when he said that service to the membership must come first.

“We will not tolerate anyone who won’t represent their members,” he said.

“You don’t have to like Joe Nigro, but you do have to like and work for your membership. Our mission is to make SMART the strongest union in North America.”

Noting the strength that can be found through SMART’s united membership, Nigro referenced a labor dispute between members of Transportation Division General Committee of Adjustment GO 505 and management of the Long Island Rail Road. GO 505 General Chairperson Anthony Simon led eight coalition unions in the dispute.

After asking for members of the delegation of GO 505 to rise, Nigro said his attendance at a labor rally there this summer was one of the most fulfilling moments of his union career.

“It was outstanding. Seeing sheet metal workers and transportation people, getting together and fighting together for the same cause — the SMART union! When I walked into that parking lot with over 3,000 people, I was so proud. Anthony, you and your boys, we’re proud as hell of you!”

Nearing the end of his address, Nigro offered his vision for the organization’s future.

“Transparency, transparency, transparency. And accountability. Our books are open to our members. We’re going to show them how we’ve spent their money. We also need to be accountable as officers for our actions and our decisions,” he said.

“Our deliberations over the next five days will give us the opportunity to move forward renewed, stronger, and united. This is our time to forge a new future with the dignity, with the integrity and the honor that built this great union. It’s all about our union . . . our members . . . our strength. Together, we are all SMART.”

In closing, Nigro advised it was time to move forward with the union’s business at hand.

“As a famous conductor once said: ALL ABOARD!”

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SMART General President Joe Nigro addresses delegates and guests at the first SMART General Convention Aug. 6 in Las Vegas.

 

NEWARK, N.J. — A report released Friday on New Jersey Transit’s Super Bowl performance in February describes confusion on the ground and disagreement among top officials as train delays worsened, but praised the agency’s overall performance.

The 148-page report was commissioned by NJ Transit’s board of directors and prepared by the law firm of McElroy, Deutsch, Mulvaney and Carpenter. The agency was criticized after fans had to wait hours after the end of the game at MetLife Stadium because of overcrowding. More than 33,000 took trains back to Secaucus Junction after the game, more than double pre-game estimates.

Read the complete story at the Seattle Post-Intelligencer.

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Previsich

Amtrak links the Hudson Valley to the rest of North America. From Hudson and Albany, you can take the train to western New York, to New York City and to Canada. And people do just that: Last year, Amtrak’s Empire Service alone brought more than a million riders through the Hudson Valley, carrying business travelers and vacationers alike. A recent poll suggests that residents of the North Hudson Valley and the Catskills want to keep it this way. Like Americans throughout a wide cross-section of the nation, residents of the 19th Congressional District want more, and safer, Amtrak service.

According to the poll prepared by Dean Mitchell of DFM Research in Minnesota on behalf of the Transportation Division of the Sheet Metal, Air, Rail, and Transportation Union (formerly the United Transportation Union), 87 percent of residents would like to see daily passenger rail service increase or remain the same. This support cuts across party lines: More than 80 percent of residents like the idea of additional train service to cities like Boston, Buffalo and Chicago, including 75 percent of self-identified conservatives.

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Wytkind

In a time of partisan gridlock and ideological polarization, these numbers are striking. With Congress preparing to rewrite the law that governs Amtrak — which carries more than 30 million passengers each year — elected officials should listen to their constituents and support one of the nation’s most important transportation resources.

A thriving Empire Service doesn’t come for free, but not only do North Hudson Valley residents want Amtrak to stick around — they’re willing to pay for it. Nearly 75 percent of residents, including almost 7 out of 10 Republicans, support funding at the current level or greater, even when told that the federal government subsidizes Amtrak by more than $1 billion per year.

Many of the rail lines used by Amtrak are shared by freight trains, and residents of the Hudson Valley also want to ensure that the rails passing by their towns and homes are safe. One idea that is wildly unpopular in the Hudson Valley is the use of one-person train crews, an unsafe practice that received attention last year when a train operated by a single crew member leveled a town just outside Quebec and killed 47 people. An overwhelming 84 percent of Hudson Valley residents would vote in favor of proposed legislation requiring two-person crews on freight trains, including almost 8 out of 10 Republicans. These numbers are similar to the results of polls around the country, reflecting a strong nonpartisan desire to prioritize safety.

Given the broad public backing for more Amtrak service and two-person crews on freight trains, one might think that congressional approval of expanded passenger rail and increased safety measures was a foregone conclusion. But many other common-sense transportation proposals have languished in Congress over the past several years. While here in the Hudson Valley, Amtrak is supported by residents (and by the local congressional delegation), there is little guarantee that it will continue to get the support it needs in Washington, D.C.

Providing long-term funding to ensure a strong national rail network is not a luxury, it’s a necessity. Because we have failed to invest in a modern rail system, we are lagging behind much of the developed world. While we force Amtrak to use 50-year-old equipment, countries like China are introducing 300-mph train service.

During this dangerous era of austerity in Washington, too often policymakers have offered budgets that attempt to advance an old, tired and inaccurate idea that we can privatize and cut our way to a successful national passenger rail system. It’s time for Congress to listen to the American people and provide the long-term funding for the world-class Amtrak passenger rail network this country needs and deserves.

The preceding column by John Previsich and AFL-CIO Transportation Trades Department President Edward Wytkind was published Aug. 6 by the Albany Times-Union.

railyard, train yard; trainsU.S. rail traffic gained ground in the week ending Aug. 2, 2014, effectively wrapping up a solid month of gains, the Association of American Railroads reported Thursday, Aug. 7.

U.S. freight carload volume for the latest week rose 5.6 percent measured against the comparable week in 2013, while U.S. intermodal volume continued to flex muscle, up 6 percent over the year-ago week. Total U.S. rail traffic for the week was, up 5.8 percent compared with the same week last year.

Read the complete story at Railway Age.

WASHINGTON — The American Short Line and Regional Railroad Association (ASLRRA) has selected Linda Bauer Darr to succeed Richard F. Timmons as the Association’s President. Timmons is retiring at the end of 2014.

Darr is currently the President and CEO of the American Moving and Storage Association (AMSA), serving in that capacity since 2007. She previously held senior positions in the American Bus Association (ABA) and the American Trucking Associations (ATA). From 1998 to 2000 she served in the Clinton Administration as the Deputy Assistant Secretary for Budget and Programs at the U.S. Department of Transportation.

“ASLRRA undertook a nearly year-long search for its new President and we believe we have concluded that search with an outstanding selection,” said ASLRRA Chairman Ed McKechnie. “Ms. Darr has significant experience in leading trade associations and has spent almost her entire career in the transportation industry. Her government service was at a very senior level in the Agency that has direct budget and programmatic oversight over the Federal Railroad Administration, the federal agency with the most interaction with the railroad industry,” said McKechnie.

Richard Timmons is concluding his 12th year as ASLRRA’s President. “Rich transformed our Association,” said McKechnie. “He made us a stronger, more effective and more member-focused organization and we are sincerely grateful for the energy and enthusiasm he gave us during his tenure. In Linda Darr we look to taking our Association to an even higher level of effectiveness as we address the challenges of improving safety, building on our legislative successes and enhancing the short line railroad brand,” said McKechnie.

“Short line railroads are a dynamic and increasingly important part of the nation’s transportation network,” said Darr. “They are owned by entrepreneurs who are risk-takers in the very best sense of the word and I am looking forward to helping them be as successful as possible.”

Association of American Railroads’ (AAR) President Ed Hamberger applauded the choice. “I have known and worked with Linda over many years,” said Hamberger. “She is a smart, energetic leader with a wealth of experience in the transportation industry. I look forward to maintaining the strong partnership we have enjoyed with ASLRRA under Rich Timmons’ leadership,” said Hamberger.

Darr is a graduate of the University of Maryland and has done post-graduate work at the University of Virginia and the Harvard Kennedy School of Government. Her current and past professional affiliations include the U.S. Chamber of Commerce’s Committee of 100 Top Association Executives, serving as an instructor with the U.S. Department of Agriculture Graduate School on the topic of association management and lobbying, working as an advisor to the Eno Transportation Foundation, actively participating in the Transportation Research Board, and serving as a Board Member of the U.S. – Mexico Chamber of Commerce. She will be the first female ASLRRA President in the Association’s 101 year history.

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U.S. railroads hauled the highest number of carloads so far this year in the week that ended Saturday (Aug. 2), partly driven by low stockpiles at US utilities and pressure from producers to move more coal.

The Association of American Railroads said Thursday (Aug. 7) that weekly coal carloads originated on all U.S. railroads totaled 116,881, up 0.1 percent from the same week a year ago and 0.8 percent from the prior week. It was the highest number of carloads since 118,391 for the week that ended Sept. 14, 2013.

Read the complete article at Platts.