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As a direct result of the powerful message we’ve sent to two state legislators and the work by Oklahoma’s State Legislative Board, a two-person rail crew bill will be heard in the House of Representatives’ transportation committee.

Yet H.B. 1075 needs your continued help to progress through the legislative process. Please continue to encourage the Transportation Committee chairpersons in the state House and Senate to move on this critical rail safety legislation by following the link in the email all Oklahoma members recieved from Brother Pense.

Our hearing for House Bill 1075 is Tuesday, February 27. There, SMART-TD Oklahoma State Legislative Director Kyle Pense and the sponsor of the bill, Rep. Ken Luttrell (R 37th Dist.), will have the opportunity to speak our truth to power.

Oklahoma State Legislative Director Kyle Pense

Oklahoma members continue to play a significant role in applying needed political pressure to push 2PC through the process. This month, Brother Pense sent out a call to action to our Oklahoma members, and they answered. SMART-TD members, their friends and family have emailed and sent numerous messages supporting 2PC. These strategically chosen targets received roughly 120 emails each from Oklahoma residents. 

“We don’t have the deep pockets of UP, BNSF, and CPKC,” SLD Pense said. “We are pushing this 2PC bill by pounding the steps at the state House.”

Brother Pense took over as Oklahoma’s State SLD in 2020. He and his legislative board have been relentlessly knocking on office doors at the capitol building in Oklahoma City ever since. After four years, more of those doors are opening now than ever before.

This is not the first time 2PC has been introduced in Oklahoma. It is the first time this union has shown our bottom-up strength of member outreach in this state House. The results are in. You are being heard. Your messages and the cumulative gains made have put this year’s effort in a better position to become law than it has in years prior. Please continue the momentum!

SMART Transportation Division began a new era in rail safety and worker protection by working with Norfolk Southern to accept and act on anonymous safety reports.

How it Works

The one-year pilot program, called the Close Call Reporting System (C3RS), is similar to one airline personnel use to hold their airlines accountable. Rail workers will share safety concerns through a secure website. NASA, acting as an independent party, will organize, anonymize and share the reports with the FRA. Under FRA guidance, improvements will be made by a joint committee including SMART-TD representatives, other rail labor and Norfolk Southern management.

As SMART Transportation Division President Jeremy R. Ferguson observes at left, General Chairperson Thomas Gholson signs the memorandum of understanding establishing the C3RS pilot program with Norfolk Southern.

A Long Time Coming

C3RS first came to the rail industry in 2007 when SMART-TD predecessor UTU and Union Pacific participated in an early version, running until 2013. They piloted the system in Bailey Yard, North Platte, Nebraska, the largest rail yard in the world. The program was highly successful; it increased safety, reduced critical incidents and rule violations. The program also greatly reduced employee discipline. Other Class III and passenger rail carriers began to benefit from the system around the same time.

The program requires voluntary agreement among the rail carrier, labor and the federal government. Despite the program’s success, UP refused to renew the program, effectively killing it. SMART-TD has engaged in an ongoing effort to reintroduce the program at all Class I carriers.

We Have Only Begun to Fight

After our 17-year effort, Norfolk Southern has decided to take the lead on rail safety and this C3RS agreement shows that CEO Alan Shaw is serious in his commitment to making NS the safest railroad by partnering with rail labor. SMART-TD President Ferguson, and General Chairpersons Tommy Gholson, James Ball, David Phillips, Dan Weir and Joe Borders began making real progress with NS executives in 2023, resulting in a signed agreement on February 15, 2024.

Pilot-NS-SMART-BLET-FRA-IMOU_FINAL-Signed-02152024Download

“For years we’ve watched the successes of the several short lines that have practiced under C3RS and because of that, for years, we’ve long been advocates,” said Gholson, who was instrumental in negotiating the pilot program.

Gholson also praised the efforts of the four other general chairpersons for their roles in constructing the C3RS framework. Alt. National Legislative Director Jared Cassity provided leadership by being a facilitator in the process and coordinating with the FRA.

SMART-TD: Out in Front

In a speech soon after the agreement’s signing, SMART-TD President Jeremy Ferguson said: “Rail labor has been out in front since the beginning. We have always advocated for the right to have a protected avenue to report safety concerns and injuries without fear of harassment, intimidation, or retribution.

“For far too long, this nation’s rail carriers have been complacent with their approach to safety. Obviously, this is something that can’t be reversed overnight, but we are hopeful that the corrective process can begin with a program like C3RS.

“There is no higher priority for SMART TD or the workers we represent than safety, not just for their own welfare but also for the communities in which they operate.”

Parliamentary procedures between the two chambers of the Virginia Legislature concluded Tuesday, and a two-person crew bill now awaits the governor’s signature.

“It was a big day and a big win in our state for rail safety for the public and the men and women who work on the railroad in Virginia,” Virginia State Legislative Director Ronnie Hobbs said.

According to Hobbs, the timeline for the governor to take action will progress in one of two ways. If Gov. Glenn Youngkin receives the bill while the Legislature remains in session, he has seven days to sign the bill and then a two-person crew minimum crew size will be the law.

If the bill is submitted to Youngkin after the Legislature concludes its business, Youngkin will have 35 days to act.

“I appreciate all the hard work our members have done — we’ll want one more major push by all of our Virginia SMART members to make sure the governor puts pen to paper to protect the public and workers,” Hobbs said.

Members are encouraged to send a message to Gov. Youngkin through the Legislative Action Center (LAC) letting him know that signing the bill is the correct course of action to keep safe train operations on Virginia’s rails.

The bill was supported by state Delegate Shelly Simonds in the House and state Sen. Jennifer Carroll Foy in the Senate.

Sam Nasca, the dean of active SMART Transportation Division state legislative directors, who led union efforts for at least 32 years in the state of New York, passed away on Feb. 14, 2024, at the age of 90.

New York State Legislative Director Sam Nasca passed away Feb. 14 at age 90.

Brother Nasca first joined the union in 1959 and was in his 64th year as an active member of our organization. He hired out as a trainman and worked for the Erie, Erie Lackawanna and Conrail railroads. He was the last active SMART-TD officer who had been a member of the union prior to the merger that created the United Transportation Union (UTU) in 1968.

“Brother Nasca was a reliable and trusted leader since well before some current national officers had even hired on,” National Legislative Director Gregory Hynes said. “He had a major effect on the progress our union has made in New York.”

SLD Nasca’s noteworthy longevity resulted in him being a well-respected advocate for labor in the state capital of Albany and in his hometown. In December 2023, Nasca was honored for his nearly three decades of leadership with the Hornell City Democrats in the town where he lived.

Three days later, on Dec. 8, 2023, Gov. Kathy Hochul signed a two-person crew bill, fulfilling a long-term goal of the union in the Empire State and making New York the third state that year to pass and put into law a two-person crew provision.

Having had the opportunity to sign similar legislation a year earlier, Nasca and his SLB’s persuasive effort toward Hochul undoubtedly had an influence in making the 2PC bill into law the second time around.

“You do not accomplish things legislatively by giving in after a single setback,” Alt. National Legislative Director Jared Cassity said. “He and the New York State Legislative Board took Gov. Hochul’s failure to sign in 2022 to heart and got the bill signed the year following.”

As a sign of respect, Nasca was among the final people to be named to the SMART-TD Executive Board at the 2019 TD Convention in Las Vegas prior to that body’s dissolution. He also took part in multiple negotiations during his long, distinguished career on the bus and rail properties in his state to achieve just contracts for workers.

He had also contributed to the union’s political efforts from the first day as a member of the Brotherhood of Railway Trainmen. He remained a contributor to TD PAC until his death.

Brother Nasca served in the United States Air Force from 1952-1957, based primarily in Texas and Germany, and received a Good Conduct Medal and the National Defense Service Medal.

He is survived by two daughters and two sons; eight grandchildren and a great-grandson. He is also survived by two brothers; several nieces and nephews; and his companion, Judy Masti.

Calling hours are 1-4 p.m. Feb. 25, 2024, at the Bishop-Johnson & DeSanto Funeral Home, 285 Main Street, Hornell, N.Y. Relatives and friends are invited to join his family at St. Ann’s Church, 31 Erie Avenue, Hornell where a Mass of Christian Burial will be celebrated at 10 a.m. Feb. 26, 2024.

The SMART Transportation Division offers its heartfelt condolences to SLD Nasca’s family, friends the New York SLB and our membership in the Empire State. Brother Nasca’s life and legacy as a labor advocate serves as an example of unyielding commitment to the cause of the worker that we all can learn from and use as an inspiration. 

SMART-TD promotes hazardous material response training in Houston

This article was contributed by Johnny Walker, SMART-TD Local 610’s legislative representative.

Rail conductors and all other crafts have a role to play in the event of a derailment or accident. In these situations, conductors are first on the scene. But unfortunately the vast majority of our people have limited, if any, training on how to triage these scenes when hazardous materials are involved. The SMART Transportation Division is engaged in closing this training gap by giving our members the tools they need to make them and their colleagues safer. 

Started in 1990 with funds from the National Institute of Environmental Health Sciences (NIEHS) and cooperation by nine rail union affiliates, the Rail Workers Hazardous Materials Training program (RWHMT) fills a much-needed gap in hazmat and first-responder training for rail workers nationwide. Since its founding, the RWHMT has trained over 27,000 railroad workers with courses that address the requirements of OSHA 1910.120 and DOT’s hazardous materials regulations (49 CFR, Part 172, Subpart H). Due to its success in 2008, the RWHMT has received additional funding from the U.S. Department of Transportation to conduct hazardous material instructor training courses, making it possible for more comprehensive courses and additional opportunities for railroad workers to attend.

Although FRA and OSHA share jurisdiction in regulating railroad worker safety and health conditions on property, railroaders do not have the same access to quality, comprehensive basic health and welfare or hazmat training as workers in many other industries. This is where the RWHMT comes in. 

“Training is vital because we don’t just rise up to the occasion; we fall to our level of training. We need to meet the 40-hour requirement in this limited amount of time to give the participants their certifications with the maximum amount of information and training, and we’re already behind the clock before our class starts.” 

Instructor Chad Yokoyama, SMART-TD Local 113

The course is no typical union convention or employer-mandated training. It is 100% paid for through grants, so there is no out-of-pocket cost to participants and a small stipend for lost work. Program  participants can expect from the moment they arrive in Texas, a week-long intensive course, which includes classroom and field training at the Houston Fire Department Val Jahnke Training Facility. It is also not a pass-fail job-dependent training; it is fun and factual, ensuring participants can return to their terminals with new knowledge and information gained in a comfortable stress-free, open union environment. 

Scenarios based on real events with group training modules determine what class participants know and what they should know when it comes to possible real-life situations they might encounter. As we have seen in East Palestine, Ohio, and other instances, when it hits the fan, it’s not time to come up with a plan. Rail workers need to fall back on our level of training, which the railroads do not always provide. 

After the initial classroom training, participants get the opportunity to don self-contained breathing apparatus (SCBA) and other more-intensive hazardous materials PPE, performing mock disaster scenarios to obtain a sense of what happens during and after such an incident. 

While participants will not have the opportunity to fight a fire or clean up an actual spill, they do experience some of the same training that fire academy recruits go through by being able to go through an escape house and watching a controlled hazardous materials burn involving a train that hit a school bus. During the controlled burn, instructors demonstrate the actual training for firefighter recruits through the use of controlled propane lines and static field instruction tools that mimick a real-life scenario. Our members will watch this scenario while speaking to real firefighters, creating conversations on how we can protect the community together. Railroaders are reminded that we are the first responders and can help mitigate life-and-death situations through training and knowledge, always reminding everyone not to exceed their level of training. While we are not Johnny Gage from the old show “Emergency!” or superheroes, we do need to ensure our own safety so that others will benefit from our training and knowledge. 

Another benefit of this training is that it is not railroad- or union-specific; a CSX BMWED member can attend it together with a TCU Amtrak member. We see that we all face the same issues and develop new solutions together. As we have seen in the recent coalition bargaining, we have more power in numbers while working together. We get a chance to talk to and ask questions to other crafts without prying company eyes or delaying our jobs. Instructors and guest speakers from various crafts, agencies and unions, along with the training scenarios, provide opportunities to ask other crafts and railroads what the protocol and FRA rules are versus what we may do daily. This way, participants can return with the knowledge to our terminals or crafts to create a better, safer working environment.

Michael Mrazik, of SMART-TD Local 610 in Baltimore, who attended the training with me, said it best: “I attended to gain ammunition for my arsenal of knowledge, and this course did not disappoint.” 

As Local 610’s legislative representative, I was impressed with the training. Many railroads’ in-house trainings might not cover topics as in-depth at these sessions, but the carriers would certainly punish them if they did not know it. 

Participants remarked that before this course, they knew the type of hazardous materials they were hauling, and that was it. They knew it was dangerous but never focused on what the dangers and health risks were. Nor did they realize how often they are around these dangers, even at home. Because of this training, if they ever come across a situation, they will know the dangers, signs, and symptoms and not become another casualty when a possible tragedy unfolds.

Participants receive certificates and an OSHA 10 card proving that they are educated and have the tools to protect our membership and the communities they live and serve in after completing the training. After three years, they have the opportunity to come back to polish their skills and retake the updated course. 

The first time I took this course, I was able to help our members, other workers, and contractors on site when our customer wanted us to follow OSHA standards, which were more stringent than our railroad rules. Because of this course, I knew to look at the safety equipment and ask for the training materials, only to find out these were grossly outdated and unserviceable. Even though the customer was forced to correct these issues, they were happy to update their equipment and implement the OSHA requirements, especially when they tried to no longer hold us to OSHA standards because I found deficiencies. We were happy to oblige, but if we didn’t follow these standards after being informed about the dangers, we would be responsible, and we are not going to put our membership at risk; SMART can’t and will not look the other way. 

Other past participants have remarked that this training has protected and saved members’ jobs because they had the tools and knowledge to hold employers accountable for safety violations. There is no excuse for anyone working in dangerous environments not to have access to the knowledge and proper materials to complete their jobs and come home safely. Many employers say that they train and act accordingly in various situations only to find out when it’s too late that the training and the actions were insufficient. 

While it will always take a joint partnership between the railroads and unions to make our operations safer for the communities in which we live and work, the Rail Workers Hazardous Materials Training Program and our unions continue to work tirelessly to pick up the slack, provide education and fight for legislation with safety in mind.

Johnny Walker is the legislative representative for SMART Transportation Division Local 610 in Baltimore, Md.

Joint pilot program encourages railroaders to confidentially report safety concerns

SMART Transportation Division officers flank TD President Jeremy R. Ferguson (center), NS CEO Alan Shaw (left of Ferguson) and FRA Administrator Amit Bose (right of Ferguson) at Thursday’s signing ceremony in Atlanta.

ATLANTA (February 15, 2024) – Norfolk Southern Corporation (NYSE: NSC), the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) along with the Federal Railroad Administration (FRA), signed an agreement Thursday to participate in the FRA’s Confidential Close Call Reporting System (C3RS).

The signing ceremony was held at the Atlanta offices of the U.S. Department of Transportation. With attendees from Norfolk Southern, the unions and FRA leadership, the ceremony officially kicked off the one-year partnership.

Norfolk Southern is the only Class I railroad participant in the program, which the company committed to in 2023. As part of the C3RS pilot program, covered Norfolk Southern employees can report safety concerns confidentially.

Railroaders at the company’s Atlanta; Elkhart, Indiana; and Roanoke, Virginia locations will participate in the pilot. Reports will be reviewed by a joint committee composed of Norfolk Southern and labor representatives, who will identify and implement safety improvements with the FRA’s guidance.

C3RS-Signing-Release-2-13-2024-v7Download

About Norfolk Southern
Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have safely 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 approximately 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 Norfolk Southern originates more automotive traffic than any
other Class I Railroad. Norfolk Southern also has the most extensive intermodal network in the eastern U.S. It serves a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as to major ports in the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.
Media Inquiries: media.relations@nscorp.com

About SMART Transportation Division
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. Media contact: news_TD@smart-union.org

About BLET
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 51,500 professional locomotive engineers and trainmen throughout the United States employed in both freight and passenger rail. Founded in 1863, BLET is the oldest union in the United States. The BLET also is the founding member of the Rail Conference, International Brotherhood of Teamsters.

His family as well as members of Local 210 in San Antonio are mourning the death of Brother Charlies Scherbarth on Feb. 6, 2024.

Brother Charlie Scherbarth of Local 210 in San Antonio passed away Feb. 6, 2024, at age 30.
Brother Charlie Scherbarth of Local 210 in San Antonio passed away on Feb. 6, 2024, at age 30.

Brother Scherbarth, 30, was a member of our union for nearly a decade, joining in November 2014. He worked as an engineer for BNSF.

An online fundraiser has been established for his family, including his wife, Megan, by Local Chairperson Gary Relic.

“Charlie was well liked by everyone he came across and loved by those privileged to know him well. Constantly smiling and showing off pictures of his wife, fur babies, family, and his quail, Charlie was of good character and always projected a happy soul,” LC Relic wrote in the fundraiser. “He will forever be remembered.”

Visitation is scheduled 2 to 3 p.m. Friday, February 16, 2024, at Finch Funeral Chapel in La Vernia, Texas, with a memorial service beginning at 3.

The SMART Transportation Division expresses its sincere condolences to Brother Scherbarth’s family, his Local 210 brothers and sisters and all who knew him.

The Federal Railroad Administration’s Office of Railroad Safety issued the following bulletin on Feb. 13, 2024, in response to an industry fatality earlier this year. The text is reproduced below:

The Federal Railroad Administration (FRA) is investigating an accident that resulted in fatal injuries to a locomotive engineer during yard switching operations.

At the time of the accident, the fatally injured engineer, who had approximately 30 years of experience, was operating a locomotive on the east side of the yard and working with a conductor and brakeman to switch cars. Another crew was switching cars on the west side of the yard and had set out 35 cars.

At some point, those 35 cars from the west side of the yard track rolled uncontrolled towards the east, colliding with the locomotive, occupied by the engineer, that was located on the east yard
track switching lead. The collision ejected the engineer from the locomotive cab and the engineer succumbed to his injuries.

Although FRA’s investigation into this accident is ongoing, FRA is issuing this bulletin to remind railroads and railroad employees of the importance of ensuring rolling equipment is properly secured at all times, including ensuring:

  1. Employees understand the importance of complying with railroad rules for securement of
    rolling equipment;
  2. Railroads provide employees adequate training on railroad operating rules and procedures
    for proper securement of rolling equipment;
  3. Railroads provide employees appropriate periodic oversight of compliance with railroad
    operating rules and procedures for proper securement of rolling equipment;
  4. Railroads empower employees to seek immediate clarification of any safety rule,
    including rules related to the securement of equipment; and
  5. Railroads remind employees of the dangers associated with improperly secured rolling
    equipment.

The purpose of this Safety Bulletin, which is informal in nature, is to ensure the railroad industry, including railroad employees, are aware of this recent accident that resulted in a fatality of an employee. As FRA completes its investigation, it may take additional actions with respect to this accident.

For further information, please contact John Mayser, Operating Practices Specialist, at john.mayser@dot.gov or (202) 493-8008.

Issued: February 13, 2024

This bulletin is available below as a printable PDF.

2024.02.13_FRA_Safety-Bulletin_Securing-Equipment-FINALDownload

Remember to use the union’s Safety Condition Report either through the website or the SMART app to alert officers to concerns about your property. Railroad workers who experience difficulty with Positive Train Control are also encouraged to fill out a Technology Event Report.

Tomorrow, February 13, 2024, Long Island, N.Y., will select the newest member of the United States Congress. With 435 seats in the House, it may not seem that this seat is particularly important to the well-being of SMART-TD members.

But it is.

Rarely in our nation’s history has Congress as a whole been so evenly divided between Republicans (268) and Democrats (260) with three independents who usually caucus with Democrats. It makes for a divided legislative branch with Republicans in charge in the House and Democrats controlling the Senate.

So, when an open seat is decided in an off-cycle special election like the one Long Island has tomorrow, its importance is magnified. Party affiliation doesn’t matter to this union. The only two groups we care about in the Capitol are W’s and A’s. That is to say those that are “with” transportation workers and labor at large, and those who are “against.”

As close as the House of Representatives is in the margin between the R’s and D’s, it is just as much of a dogfight between the W’s and A’s. SMART-TD is asking all of our members in New York’s 3rd Congressional District to go to the polls if they have not already voter early on Tuesday, Feb. 13th to support Tom Suozzi, whose voting record on transportation issues has him squarely on the W side.

During Suozzi’s time in Congress, before George Santos came onto the scene representing Long Island, our union was able to count on two things from him. He consistently consulted SMART-TD and our Alt. Vice President/General Chairperson from the Long Island Rail Road (LIRR), Anthony Simon, on all issues affecting our members.

Adding to Suozzi’s value to SMART-TD members in the House of Representatives is that when he and Congress were faced with transportation issues, especially affecting LIRR, he didn’t wait until his mind was made up on the issue to reach out to us. Some legislators have a relationship with labor unions where they feel obligated to reach out to us to explain their vote before or after it is cast. Suozzi treats GC Simon and our members as valued assets who contribute to him forming his opinion rather than as a voting bloc he needs to pacify or make sure is kept happy.

Suozzi is known to value our input and will continue to if we are able to ensure his opportunity to return to representing Long Island in the House. He is a valued partner in our union’s effort to promote safety in transportation as well as investing in the value we bring to our neighborhoods and the country.

SMART-TD is proud to stand with Suozzi tomorrow and, more importantly, for the duration of his time serving New York’s 3rd Congressional District. Please do your part to ensure this union’s future and get out to vote in tomorrow’s special election. Our brothers and sisters deserve to have Suozzi’s voice fighting for them while critical bills like the Railroad Safety Act of 2023, bills promoting the safety of transit workers, and other pivotal to us are crafted in our nation’s capital!

Rail safety legislation championed by the SMART Transportation Division’s Virginia State Legislative Board is on the cusp of landing on Gov. Glenn Youngkin’s desk.

The Virginia House on Wednesday followed the lead of the state’s Senate earlier passage of the two-person crew bill this week. Once it has gone through parliamentary procedures, it’ll be off to the governor’s desk.

“Members showed up, and the groundwork we did with legislators in both chambers worked wonders in making this crew-size bill a success in the Legislature,” Virginia State Legislative Director Ronnie Hobbs said. “We’re just one signature away from maintaining current safe operating procedures on our state’s rails.”

Amendments made through the legislative review process reduced the scope of the bill. It had been initiated with provisions regarding train length and other safety matters.

The bill was supported by state Delegate Shelly Simonds in the House and state Sen. Jennifer Carroll Foy in the Senate.