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We need your help brothers and sisters!

SMART Transportation Division members and retirees are always welcome and encouraged to contribute pictures, videos, stories and article leads, and with the ever-changing social media formats, we’re ready for them now more than ever.

Our staff is productive yet small, with many team members wearing more than one hat, collaborating among multiple departments. We truly appreciate what is shared with us. Our in-house Public Relations Department consists of one full-time member, Ben Nagy, with others chipping in to assist when not working on other assigned duties. This includes the frequent postings on the website, social media, print publications, TD-related segments featured on the SMART News, and the daily NewsWire.

We have heard loud and clear that our members want more information that highlights what SMART-TD is doing for them as well as other dynamic stories that relate to or impact all of us. We aim to provide that; however, this creates a never-ending need for content. Fortunately, this union is built from the ground up. The SMART-TD represents roughly 100,000 active members and retirees, and we need the talents of all of you to be successful.

The feedback we’ve received not only stated that they want more information, but also on different formats and beyond the written word, with platforms such as TikTok and Instagram specifically named. There is a large national audience we can reach through these avenues and a diverse membership base with compelling stories of the realities of working in the transportation industry that need to be shared and heard.

We want our members who work on carriers of any size from the Bus Department, commuter, passenger and freight rail, to send in links or videos that are craft- or union-related so we may share them on our TikTok and Instagram accounts.

This is a great way to express to outsiders the stress and complexity of our work schedules, availability demands and safety concerns that you come across as a transportation worker. We also want to share our successes and feel-good news. So please send anything you feel compelled to share with your fellow brothers and sisters of SMART-TD directly to SMART-TD’s PR Department at td_info@smart-union.org.

Please keep in mind that some of the platforms have limits of 90 seconds, and that we cannot share videos that include trademarked or copyrighted songs or images.

Please be sure to observe all rules governing the use of electronic devices that your employer and the federal government has. We don’t know all the carrier-specific rules and don’t want to post something that may create issues for our members, so please use your best judgment.

And if your local already had a thriving social media presence, we need to know that as well so we can keep an eye out for posts and photos so we can amplify what our members have accomplished.

SMART has heard loud and clear that you want to see us engage on all the rapidly changing platforms available on social media. We plan on trying to do just that, but it will take all of us to make it happen. SO please send in as much relevant and timely content as possible and help to be the change you are calling for while spreading the word to your fellow brothers and sisters and to the public!

Please send in your videos and photos, and we’ll start providing a larger platform for our brothers and sisters to be heard!

Phone: (216) 228-9400 

Fax: (216) 228-0411  

Email: news_td@smart-union.org 

The results of a strike vote authorized in October by SMART Transportation Division President Jeremy Ferguson on the Southeastern Philadelphia Transportation Authority (SEPTA) were finalized yesterday, Nov. 20. SMART-TD members of Local 61 (GCA-STA) in Philadelphia overwhelmingly voted to authorize a potential work action.  

This announcement comes after 19 months of contentious negotiations and mediation led by the National Mediation Board with the carrier.   

General Chairperson Ray Boyer expressed disappointment with what he described as SEPTA’s bad-faith negotiating. 

“SEPTA has implemented a tactic called ‘pattern bargaining’ — blending aspects of the railroad and bus industries. Unfortunately, this strategy has disproportionately affected conductors, leaving us significantly behind our industry peers in terms of compensation,” he said. “In essence, SEPTA is demanding a front-row effort from conductors while offering nosebleed pay. We believe that fair compensation is not just about wages but also about acknowledging the essential role we play in the efficient functioning of SEPTA.”  

SMART-TD President Ferguson said that after workers served through a pandemic while receiving wages that trail other regional transit peers that the carrier needs to rethink its approach.  

“We have been clear with SEPTA from Day 1 that our men and women are the lowest-paid workforce in the commuter industry and that this negotiation was NOT going to be status quo,” he said. “They continue to stand behind a smoke screen of fancy language their lawyers put together — mixing crafts when it is convenient and clarifying our members are railroaders when it is to their advantage.  

“This union is not a business-as-usual organization. Our members spoke loud and clear in their vote. Everyone is scheduled to come back to negotiations late next month, and SEPTA would be wise to recognize the leverage these men and women of Local 61 have authorized. We will not settle for anything less than the respect our members have earned.” 

TD Vice President Jamie Modesitt stated that SEPTA rail workers have spoken as a collective voice and SEPTA’s Board should be listening to that voice. 

“The collective voice has spoken, and that voice seeks to correct the wage suppression that has been largely ignored over the years. It’s time for SEPTA’s board to correct the wage injustice that has plagued their rail labor force. Ultimately, correcting the wage disparity at SEPTA, by investing in labor, will increase employee morale, establish greater retention of good talent, better recruitment opportunities, and reward the commitment of the hard-working SEPTA men and women who serve the public every day of the week.” 

General Chairperson Boyer will work closely with President Ferguson and Vice President Modesitt as this situation develops. SMART-TD will ensure our members and the press are kept up to date as we move ahead. 

The union represents 481 members on SEPTA properties.  

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If you are interested in speaking more about the union’s stance on this issue and its negotiations with management on the SEPTA property, we’d be happy to connect you with:  

SMART Transportation Division President Jeremy Ferguson   

President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mich., was elected president of SMART’s Transportation Division in 2019.   

President Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the recent national rail negotiations for the Union with the nation’s rail carriers.  

SMART Transportation Division Vice President Jamie Modesitt  

Vice President Jamie C. Modesitt is a member of Local 298, Garrett, IN, was elected to Vice President in 2019, and resides in Saint Augustine, FL. Modesitt serves on the SMART TD National Negotiation Team and serves as a SMART TD Board Member on the National Railroad Adjustment Board’s First Division. 

The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $188,000 to $195,100 beginning Jan. 1, 2024.

At the end of 2001, labor and management had agreed on various procedures to administer the annual changes in the amount of the lifetime maximum benefit under the ERMA Plan.

In conjunction with the formula established in 2001, a new lifetime maximum was calculated by utilizing the October 2022 consumer price index (CPI) data for Hospital and Related Services and Physician Services. The result is a lifetime maximum for 2024 of $195,100.

For individuals who have reached the lifetime maximum, the incremental maximum available is applied to eligible expenses submitted for dates of service on or after the effective date of the new maximum. For 2024, this amount will be $7,100.

This change will apply to all railroads and crafts participating in ERMA.

CALIFORNIA – Today, the California High-Speed Rail Authority (CAHSRA), which oversees the largest high-speed rail project under construction in North America, announced a ground-breaking agreement with 13 rail unions to utilize rail workers covered by federal railroad labor laws in critical jobs once trains begin to operate. The Memorandum of Understanding (MOU) ensures that highly skilled rail workers will perform all traditional railroad work such as operating trains, engineering work, maintenance of equipment, dispatching, on-board service and clerical work.

“We are proud that this agreement guarantees our right to organize workers, including reasonable access to the jobsite for union organizing, and establishes a pathway to voluntary employer recognition of the union. Further, the agreement ensures that workers will be covered by bedrock federal rail labor laws, including the Railway Labor Act, the Railroad Retirement Act and the Railroad Unemployment Insurance Act,” said the High-Speed Rail Labor Coalition, which consists of 13 rail unions representing more than 160,000 freight, regional, commuter, and passenger railroad workers. “California is the birthplace of high-speed rail in America. Despite the robust support of the citizens of California, CAHSRA has faced many obstacles since the project’s initial launch. We commend CAHSRA for overcoming these challenges and achieving substantial progress, including today’s momentous agreement, and we look forward to our continued partnership.”

This agreement follows an existing Project Labor Agreement between CAHSRA and building trades unions to utilize union workers on the construction side, furthering the project’s commitment to employing highly skilled union workers and maintaining fair labor standards. The project is already responsible for the creation of over 11,000 jobs, including high-skilled construction jobs and other industry-related work, and this agreement brings hundreds of additional good union jobs to the California Central Valley.

“The Authority is proud to continue its tradition of working with labor unions and we are pleased to have reached this important agreement that ensures we have the highest quality working conditions for our highly trained and qualified workers,” said Authority CEO Brian Kelly. “This is essential to ensuring that California’s high-speed rail system will be operated with the safest and highest quality of service for our passengers,” said Brian Kelly, CEO of the CAHSRA.

Phase 1 of the project will cover 500 miles and run service from San Francisco to the Los Angeles Basin in under three hours. Upon full completion, the project will stretch 800 miles, extending to Sacramento and San Diego. The zero-emission trains will be 100% powered by renewable energy, reaching speeds in excess of 200 miles per hour.

“As the nation’s largest transportation labor union federation, we are proud to support monumental projects like the California High-Speed Rail Project, which will deliver a modern, efficient, and green transit system while putting skilled union members to work,” said Greg Regan, president of the Transportation Trades Department of the AFL-CIO.

In the midst of the largest expansion of transportation and infrastructure in our country’s history, including a record level of federal investment in passenger rail transportation, today’s agreement establishes a precedent for future high-speed rail agreements between public entities and rail unions. As it works to deliver high-speed rail to the American public, CAHSRA simultaneously will set the standard for high-quality work and labor practices.

The High-Speed Rail Labor Coalition includes the following 13 rail labor unions: the Brotherhood of Maintenance of Way Employes Division (BMWED), Brotherhood of Railroad Signalmen (BRS), International Association of Sheet Metal, Air, Rail and Transportation Workers-Mechanical and Engineering Department (SMART-MD), National Conference of Firemen and Oilers 32BJ/SEIU (NCFO), Transportation Communications Union (TCU), International Association of Machinists and Aerospace Workers (IAM), Brotherhood of Railway Carmen (BRC), International Brotherhood of Boilermakers (IBB), Transport Workers Union of America (TWU), American Train Dispatchers Association (ATDA), International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (SMART-TD), Brotherhood of Locomotive Engineers and Trainmen (BLET), and International Brotherhood of Electrical Workers (IBEW).

The railroad industry has a handful of trade magazines that do a very thorough job of covering what is going on in the world of government regulations as well as technology and industry trends. One thing that these magazines do with regularity is to put out lists they bill as “Railroader of the Year” or “Rising Stars” in railroading.

The only problem with this practice is that there is a disconnect between their concept of “railroaders” and the reality we all live in on the ballast. We all are both entertained and sickened when CEOs are handed the title of Railroader of the Year, and those 40 people under 40 featured in Rising Star lists often collectively have thrown zero switches and have set out the same number of bad-ordered cars.

As an example, in October, with a stock photo across the top, Railway Age magazine published its announcement of its “2023 Women in Rail Honorees.” Looking at this collection of carrier departmental vice presidents and other executives, it made us think that maybe the SMART Transportation Division should help these magazines out going forward. We know they like to put these lists together and regularly overlook the accomplishments of very worthy and more authentic candidates. So we are asking for your help.

SMART-TD Wyoming State Legislative Director April Ford

SMART is going to put together our own list of candidates for “Women in Rail” honorees, and we will be more than happy to send them in a press release in the future to the trade magazines so that they can see what kind of women leaders this industry has — the ones who make the railroads run and work outside of the board rooms and air-conditioned offices.

For example, in Wyoming, SMART-TD’s own State Legislative Director April Ford is our top official there. She addresses our members’ safety issues as well as being rail labor’s eyes, ears and spokesperson in Wyoming. Sister Ford did not only come from the craft, but she is also still in the craft. The job of Wyoming SLD is not full time. Ford can be found pulling a coal train out of Wyoming’s Powder River Basin or in Cheyenne at the Capitol giving testimony to the transportation committee on any given day.

A second example of exemplary women in railroading and in SMART-TD, is Jessica Martin. Conductor Martin has been a member for 10 years out of Local 594 in Mineola, Texas.

Engineer Lisa Watson-Knuckols, left, and Jessica Martin, both of Local 594 in Mineola, Texas, pose together for a photo.

She currently serves 594 as their legislative representative (LR) and has been in leadership positions in her local since 2016, in addition to working for Union Pacific. When Sister Martin isn’t switching boxcars and hauling freight, she is looking out for the best interest of members. As an active LR, her head is on a swivel, looking to improve safety conditions for her crew base as well as keeping her eye on local, state and federal policy makers.

In 2022, Martin’s first year as LR for 594, she went above and beyond the call of duty as a local officer. While the corporate executives of UP (where she works) were in Washington D.C. formally pitching their ground-based expeditor/conductor plan in the Federal Railroad Administration’s two-person crew hearings, Martin was hauling freight and providing for her son in Texas while the UP executives were trying to sell the livelihoods of her SMART-TD brothers and sisters down the river.

Though she didn’t have the luxury of being there to defend her people in person, Martin testified remotely at the FRA hearing and provided a compelling demonstration of the value of having two certified professional railroaders in the cab of a locomotive. Her testimony was well received and went a long way to emphasizing the important job each and every conductor in this country performs.

SMART TD GO-953 General Chairperson Luke Edington, Nebraska State Legislative Director Andy Foust and Local 200 Chairperson Manda Snide have their picture taken at the Midwest Nebraska Central Labor Council's Solidarity Day.
From left, SMART TD GO-953 General Chairperson Luke Edington, Nebraska State Legislative Director Andy Foust and Local 200 Chairperson Manda Snide have their picture taken at the Midwest Nebraska Central Labor Council’s Solidarity Day.

Yet another example that comes straight out of SMART-TD’s recent news articles is Amanda Snide out of Local 200 in North Platte, Nebraska. Manda also is a full-time conductor running the rails for Union Pacific. She is not only local chairperson and legislative rep for a very large and active local out of UP’s largest yard, but she is also the assistant state legislative director for the state of Nebraska. Just recently, her ingenuity is being credited with preserving the railroad careers of dozens of Mechanical employees recently cut by UP.

These women are shining examples of who should be recognized as true Women in Rail honorees.

We are asking all of you to let us know whom you would nominate for this list. Please email dbanks@smart-union.org with names of the women you would like to see nominated. We would like for you to include a short description of the SMART-TD sister you are nominating for this list. Let us know why she would be a good representative of SMART-TD and REAL railroaders in general.

SMART-TD is going to put together an in-house version of the trade publications’ list, publish it and then send it to all the trade magazines in a press release in time for next year’s nominations. It is very likely that our list of “Women Actually in Rail” honorees will only be published on our website and print publications, but we are tired of our members not getting the acknowledgement they deserve for the jobs they do.

The following letter was submitted by the Transportation Trades Department of the AFL-CIO, of which the SMART Transportation Division and Mechanical Division are members, on behalf of SMART and a number of other labor unions to President Joe Biden earlier this week.

November 12, 2023

Dear President Biden:

On behalf of the undersigned national rail labor unions, we write to unanimously recommend and support Johnathan D. Bragg to be re-nominated to serve as the Labor Member on the Railroad Retirement Board (RRB). He has demonstrated excellent service on the Board for the last four years since his confirmation in early 2019, and we request that he be nominated for another term to serve on the Board.

John Bragg, labor’s member on the Railroad Retirement Board, addresses the Transportation Division session at the SMART Leadership Conference on July 31, 2023.

As you know, employees in the railroad industry are covered under a separate retirement system which is administered by the RRB. This unique system, funded solely by the industry and its employees, provides retirement, unemployment, disability and survivor benefits for millions of rail workers. These benefits and services are essential to the lives of all employees and their families. To help ensure that the system protects the interest of rail workers, Section 7(A) of the Railroad Retirement Act of 1974 dictates that the President must nominate one candidate to the Board based on the “recommendations made by representatives of the employees.” We strongly endorse Johnathan D. Bragg to continue serving as the Labor member for the RRB.

Mr. Bragg has shown great leadership on the Board and successfully represented and advocated for rail workers during one of the most trying times in the rail industry. Like many industries, the COVID-19 pandemic caused many hardships for rail workers, including layoffs, illness and even unfortunately death. Congress included provisions in the COVID-19 relief packages to provide temporary additional benefits, such as enhanced rail worker unemployment benefits, that were administered through the RRB; Mr. Bragg and his staff were instrumental in successfully rolling out and implementing those benefits in record time. During his tenure, Mr. Bragg has also advocated for and provided oversight of the long overdue modernization of the RRB’s IT systems that will bring RRB’s 1960’s IT systems into the 21st century and facilitate much-needed improvements, such as allowing workers to file benefit claims online.

In addition to his leadership and service on the Board, Mr. Bragg hails from a long line of railroaders in his family. He began his own rail career 23 years ago as a freight conductor, and later a signalman, and knows the rail worker’s perspective firsthand. As a dedicated rail worker and union member, he climbed the union leadership ranks as a Local Chairman, Grand Lodge Representative, and National Vice-President. He also represented the BRS as a permanent Board Member of the National Railroad Adjustment Board. Mr. Bragg’s long and accomplished career has allowed him to excel in his current role. If granted a second term as the RRB’s Labor Member, Mr. Bragg will continue bringing an invaluable level of experience, knowledge, and understanding of the needs of rail workers, retirees, and their families who rely on the system.

For these reasons, we strongly recommend you re-nominate Johnathan D. Bragg to serve as the Labor member of the RRB as you work to ensure the agency’s full board member capacity.

Sincerely,

American Train Dispatchers Association (ATDA)
Brotherhood of Locomotive Engineers and Trainmen (BLET)-IBT
Brotherhood of Maintenance of Way Employees Division (BMWED)-IBT
Brotherhood of Railway Carmen (BRC)
Brotherhood of Railroad Signalmen (BRS)
International Association of Machinists and Aerospace Workers (IAM)
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers (IBB)
International Brotherhood of Electrical Workers (IBEW)
International Association of Sheet Metal, Air, Rail and Transportation Workers–Mechanical Division (SMART-MD)
International Association of Sheet Metal, Air, Rail and Transportation Workers–Transportation Division (SMART-TD)
National Conference of Firemen & Oilers, SEIU (NCFO)
Transportation Communications International Union (TCU)
Transport Workers Union of America (TWU)

The union’s renewed intensity on protecting our Amtrak, bus and transit members from assaults by passengers resulted in a late-night victory for our cause Nov. 8 in Michigan.

State Legislative Director Donald Roach proudly reported that HB 4917 and HB 4918, both to enhance protections for transportation workers, passed in the state House.

HB 4917 passed by a 68-41 vote. HB 4918 passed by a 70-39 vote.

The bills raise punishments for the assault of a transportation operator to a maximum of eight years, depending on the severity of the offense. They also make the punishments for repeat offenses more severe and adjust the state’s sentencing guidelines accordingly.

Fines for assault on transportation workers also would be increased — set at $1,000 or $8,000.

The legislation advances to the state Senate, where it likely will be taken up there next year. SLD Roach says that the time between now and its appearance in the upper house whenever that is in 2024 will be well spent.

“It’s a great step ahead, and we thank all who supported it, especially Rep. Samantha Steckloff of the 19th District, the primary sponsor of the legislation,” Roach said. “We’ll use the end of this year to message, educate and reach out with the help of our great members. We’re happy to have made it a third of the way there now, and we all need to get these protections in place for worker and passenger safety rather than later.”

The bills, introduced July 18, passed through the House’s Criminal Justice Committee with a recommendation from the committee for passage before their successful showing Nov. 8.

The following letter was submitted by the Transportation Trades Department of the AFL-CIO, on behalf of SMART, SMART Transportation Division and a number of other labor unions to the U.S. Department of Transportation and to the National Highway Traffic Safety Administration.

November 8, 2023

Dear Secretary Buttigieg and Acting Administrator Carlson,

We write today to reiterate our grave safety concerns about the expanded testing and operation of automated driving system (ADS)-equipped vehicles. Given the recent surge in both the number of cities operating these vehicles on public streets and the number of crashes and safety incidents involving these vehicles, we urge you to take immediate action to bring long overdue federal leadership to this issue. We applaud the National Highway Traffic Safety Administration’s (NHTSA) recent decision to launch an investigation into pedestrian protection practices at General Motors’ Cruise autonomous vehicle division. But we believe that the U.S. Department of Transportation (DOT) must take additional actions to end the unsafe operation of ADS-equipped vehicles on our roads.

As robotaxi and other ADS-equipped projects have expanded, workers have faced increasing safety threats on the job. Firefighters and police have been forced to jump out of the path of driverless taxis moving through emergency cordons. Bikeshare workers have been forced to dodge these vehicles abruptly stopping in bike lanes and crosswalks. Transit and sanitation workers have been boxed in, cut off, and trapped inside their vehicles by driverless cars driving erratically. Construction and maintenance workers, who stand in harm’s way every day on our roads, have seen driverless vehicles pull into construction sites. These safety issues are exacerbated by operational chaos as driverless cars are failing to use public roads in safe, predictable ways.

Let us be clear: ADS-equipped vehicle operations are unsafe and untenable in their current form. This industry is in dire need of federal regulation and leadership to restore a modicum of safety and establish a realistic path for these vehicles to operate without threatening other road users – including those represented by these unions. The DOT and NHTSA should immediately take the following actions – consistent with NHTSA’s mission statement to save lives and prevent injuries through safety standards and enforcement –  to restore confidence in the safety of public roadways everywhere:

  • Issue an updated department-wide Automated Vehicle Policy (AV 5.0) which sets firm expectations for these vehicles and aligns with the Department’s Innovation Principles;
  • Open investigations into Waymo, Zoox, and other operators of for-hire driverless vehicles similar to the already-announced Cruise investigation; and,
  • Update NHTSA’s Standing General Order on Crash Reporting for incidents involving ADS to include a broader range of performance indicators such as driving into construction worksites, violations of police and firefighter cordons, pulling into bicycle lanes or pedestrian crossings, near collisions, and other clear safety issues which may not result in crashes.

Background

While Phoenix was the first city to open its doors to for-hire services provided by driverless cars in 2017, California threw the floodgates wide open in June 2021. The California Public Utilities Commission (CPUC), which regulated commercial licenses in the state, began granting licenses to private companies to operate driverless ADS-equipped vehicles within the city limits of San Francisco. Both cities have seen the fleet of driverless vehicles increase exponentially since then, despite the objections of transportation and planning agencies, police and firefighters, and concerned citizens. The California licenses were expanded in early 2023 to allow Cruise and Waymo to operate for-profit driverless taxi services 24 hours a day across the entirety of San Francisco. The results have been chaotic and dangerous. There have been crashes, injuries, traffic jams, posed hazards to sanitation workers, emergency services delayed, law enforcement confusion, blocking access to crime scenes, recalls, and even the death of a pet.

Following a tragic crash in early October of this year where a Cruise robotaxi dragged a pedestrian 20 feet before coming to a stop, the California Department of Motor Vehicles (DMV), which regulates motor vehicle safety in the state – having already halved the number of vehicles Cruise could have on the road at any one time following a collision between one of their vehicles and a firetruck – suspended the company’s license entirely. The DMV’s investigation not only found that Cruise’s vehicles failed to meet minimum standards for safe operations, but that the company had also intentionally withheld vital information from regulators. After this damning verdict from the DMV, Cruise voluntarily shut down its driverless operations in other states and today issued a software recall for all of its 950 driverless vehicles.

While Cruise is not currently operating any vehicles without human operators, Waymo, Zoox, and other robotaxi operators continue to use public roads as test sites for driverless vehicles. Many cities, including San Francisco, Phoenix, Austin, Los Angeles, Las Vegas, Seattle, Washington, DC and its suburbs, still have driverless cars operating today. The federal government has provided very little oversight of any of these companies and the result has been a disaster for the residents of these cities. That fact was recently echoed by Los Angeles Mayor Bass in a letter to the CPUC, which states, “To date, local jurisdictions like Los Angeles have had little to no input in AV deployment and are already seeing significant harm and disruption.”[1]

The ongoing problems created by these vehicles (a sampling of which is included as an appendix to this letter) offer a stunning glimpse into the challenges that are inherent both to ADS technology and the real-time testing of ADS technology on our streets without rigorous federal oversight. Moreover, it has offered a preview of what may happen if other states adopt the same approach to driverless ADS-equipped vehicle operations without federal or local safeguards in place. The California example and NHTSA’s recent investigation into Cruise show that it is time for the DOT to step up its regulatory authority to ensure these vehicles are being operated responsibly and with the serious oversight they require.

Update Department Wide Automated Vehicle Policy at DOT

Transportation unions have repeatedly called on the DOT to take proactive steps to regulate the safety of ADS vehicle operations through direct correspondences and regulatory filings.[2] Most recently, the International Brotherhood of Teamsters released their “Autonomous Vehicle Federal Policy Principles”, calling for comprehensive federal action. In response to the DOT’s latest request for comments on the topic, the Transportation Trades Department, AFL-CIO (TTD), and the Transport Workers Union of America (TWU) called on the DOT to reject the Trump Administration’s hands-off approach to regulating automated vehicles (AVs), and develop a safety-focused approach that ensures the well-being of road users and the larger transportation system. As noted in TTD’s regulatory filing:

“Any framework for automated vehicles must lay the groundwork for true regulatory oversight. The [Framework for Automated Driving System Safety] entirely fails to meet this standard; instead it turns over the authority to regulate to the industry itself… In the absence of federal leadership, automated vehicles are operating across the country with very little oversight. The approach is not based on safety; it is based on deregulation and corporate interests.”

Sadly, we are now seeing first-hand the catastrophic results of a failure to take these threats seriously. It is past time that the DOT recognized the deep shortcomings of the current departmental AV policies, and that they develop an updated, comprehensive, safety-focused framework for ADS. That framework must offer clear direction that the era of self-regulation by this industry is over to help combat the dangerous state-by-state patchwork of policies that has emerged in the absence of serious federal oversight. It must also hold true to the vision espoused in the Department’s Innovation Principles, namely by ensuring that safety and job creation are the main goals of ADS development. The first step towards ensuring the safe operation of these vehicles is setting a safe operating standard at the federal level.

In developing an updated policy, the DOT and its sub-agencies should thoroughly review and identify their regulatory and oversight authorities to ensure that driverless ADS-equipped vehicles are operating safely, as well as identify clear steps to hold manufacturers or operators of driverless ADS-equipped vehicles accountable when they operate in unexpected or unsafe ways on public streets. We believe that the DOT has more power in this area than it has previously exercised.

Open Full Investigations into Driverless Vehicle Operators to Ensure the Industry’s Current Practices are Safe and Transparent

While NHTSA’s investigation into incidents involving Cruise vehicles is welcomed, NHTSA must also recognize that vehicles being operated by other manufacturers have been publicly identified in similarly dangerous incidents. Waymo, Zoox, Beep, and other companies that are operating or planning to operate driverless ADS-equipped vehicles present identical performance concerns. Given the widespread, ongoing, and increasing number of incidents caused by ADS-equipped vehicles, NHTSA must initiate an industry-wide investigation to determine the true extent of the safety failures behind the scenes. Put simply, we do not believe that Cruise is the most concerning driverless operator, but rather that current circumstances highlighted their mounting safety failures first.

Furthermore, we are concerned about the lack of safety culture at driverless vehicle companies. As the National Transportation Safety Board (NTSB) has previously identified, the “fail fast, fail hard” approach taken by many technology companies is anathema to safety. This is best exemplified by a recent report that Cruise knew that its robotaxis had problems recognizing children, but still chose to keep them on public roads.[3] The DOT would never tolerate such a philosophy in airline, rail, or transit safety, and it should not tolerate it in a nascent industry utilizing our public roads to test their products. A full investigation of the industry will reveal which operators are honoring the basic trust of the American public when it comes to safety and which are basing key safety decisions on the unmet promises of their own marketing materials.

Finally, while NHTSA continues its investigation of GM/Cruise, it would be contradictory for the agency to simultaneously provide GM/Cruise greater deference and authority by granting a petition to allow the companies to operate an FMVSS-exempted vehicle, the Cruise Origin. Given GM/Cruise’s behavior operating a less advanced vehicle, granting its pending petition would be deeply irresponsible and inappropriate.

Ensure NHTSA has the relevant data necessary to oversee the industry

Lastly, we call on NHTSA to amend the Standing General Order on Crash Reporting for incidents involving ADS and Level 2 ADAS (Standing General Order 2021-01, Second Amended) to require data reporting for incidents that are not strictly limited to crashes. Specifically, the Standing General Order should be amended to require data on any incident in which an automated vehicle encounters any significant deviation from expected performance – including malfunctions, degradations, remote human interventions, clustering and connectivity incidents or reversion to a minimal-risk condition. Reporting requirements should be expanded to include any additional data deemed necessary by NHTSA or the Secretary to more accurately track and analyze the fitness of those vehicles to safely operate on public roads, and the potential for unexpected behavior to result in a crash or to pose serious safety threats to road users, and safety threats or interruption of normal operations to transportation, public service, and emergency response workers.

We align ourselves with the February 28, 2023 letter to NHTSA from Representatives Schakowsky, Castor, and Trahan, which called for further transparency, data, and compliance reforms to the Standing General Order.[4] In particular, we agree that incident data must be standardized and that more information – including incident location and whether the vehicle was operating within its operational design domain – should be made available to the public without redaction. We also agree that incomplete incident reports are unacceptable and must include the factors mentioned above, including roadway condition, speed, and other factors, along with independent analysis including police reports and visual evidence. Lastly, we concur that non-compliance with the Standing General Order must result in NHTSA promptly and decisively exercising its statutory authority to rectify the issue.

It is a troubling fact that social media outlets are currently better informed as to the safety of these vehicles than the federal government. Many unions applauded NHTSA for issuing the Standing General Order two years ago as an essential initial step on data collection, but it must not be the last step on this path. Updating the Order to account for the past two years of experience will ensure safety regulators have a realistic, dispassionate picture of this industry’s record.

The safety of workers and road users remains paramount to labor’s concerns about driverless ADS-equipped vehicles. A federal safety-focused regulatory response to their operation on public roads is long overdue and necessary before NHTSA green lights any type of demonstration project such as the agency has indicated it will do with AV STEP. We urge you to give these recommendations the serious consideration they are due and we look forward to your prompt response.

Sincerely,

Transportation Trades Department, AFL-CIO (TTD)
Transport Workers Union of America (TWU)
International Longshoremen’s Association (ILA)
Sailors’ Union of the Pacific (SUP)
International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART)
SMART Transportation Division (SMART-TD)
International Organization of Masters, Mates & Pilots (MM&P)
Marine Engineers’ Beneficial Association (MEBA)
Brotherhood of Railroad Signalmen (BRS)
Association of Flight Attendants-CWA (AFA)
International Union of Operating Engineers (IUOE)
Amalgamated Transit Union (ATU)
American Federation of State, County & Municipal Employees (AFSCME)
International Association of Fire Fighters (IAFF)
Service Employees International Union (SEIU)
United Auto Workers (UAW)
Office and Professional Employees International Union (OPEIU)
American Federation of Government Employees (AFGE)
International Association of Ironworkers (IW)
American Train Dispatchers Association (ATDA)
International Union of Painters and Allied Trades (IUPAT)
International Brotherhood of Teamsters (IBT)
Brotherhood of Locomotive Engineers and Trainmen (BLET)
Laborers’ International Union of North America (LIUNA)
Brotherhood of Maintenance of Way Employees (BMWED)
Transportation Communications International Union (TCU)

As a result of hardware upgrades that are currently ongoing, the Safety Condition, Railroad Technology Event, and Hours-of-Service report forms are temporarily unavailable via the SMART Union App. We are actively working to resolve this issue, but until otherwise notified, please use the SMART website to access and file these critical reports.  

You can follow these links directly to the Safety Condition Report, Technology Event Report and Railroad Hours of Service Violation Report on our website. Our local, state, and national legislative departments need these reports to keep the pressure on the carriers, and we cannot afford to lose any gained momentum.

SMART-TD thanks you for your continued support.

Phone: (216) 228-9400

Fax: (216) 228-0411

Department Email: news_td@smart-union.org

INDEPENDENCE, Ohio (Nov. 3, 2023) — SMART Transportation Division (SMART-TD) members working under the proposed agreement voted, with approximately two-thirds in favor, to ratify a tentative agreement the union had reached with BNSF in late September, union leadership announced today.

Negotiations with BNSF under Articles VI and VII of the National Rail Agreement began in January following wide national attention brought by the fight of rail labor led by SMART-TD, the nation’s largest freight railroad union, to improve rail workers’ quality of life. The tentative agreement with BNSF was reached by the eight affected SMART-TD General Committees in late September. Votes were cast through the month of October and tabulated Nov. 2, 2023.

The general chairpersons involved include GO 001’s Mike LaPresta, GO 009’s Scott Swiatek, GO 017’s Rich O’Connell, GO 020’s Justin Schrock, GO 386’s Larry Miller, GO 393’s Kevin Kime, GO 577’s Roy Davis, and Tony McAdams from GO JTD. 

Additional information and details regarding the agreement can be found at this link.

Under the next phase of this process, SMART-TD and BNSF will begin implementing the agreed-upon changes. Members who are eligible for additional vacation will have the opportunity to schedule that vacation in 2024. Implementation of other provisions of the agreement will take place over the coming weeks and months.

In a joint statement, the eight general chairpersons of the involved committees had this to say about the tentative agreement: 

“We would like to thank our members for their patience throughout the negotiation process, and for casting their votes. The overwhelming approval ratings prove that our members see the value in this agreement. We were determined to obtain meaningful improvements to our working conditions, and this agreement does exactly that. While our fight is never over, we are confident that this will serve as a substantial step in the right direction.”

— TD General Chairpersons representing BNSF members

The general chairpersons also expressed appreciation to Vice President Joe Lopez, who helped lead negotiations, along with Vice Presidents Chad Adams and Jamie Modesitt. The VPs made the following joint comment:

“Our general chairpersons showed exemplary leadership and cohesion through the up-and-down nature of these discussions,” the vice presidents said. “We congratulate them on their accomplishments and commend them on their focus on what matters — improving the quality of life and working conditions of our members.”

“This agreement our General Committees have reached with BNSF continues to show the strength of our union’s leadership. Together we have made unprecedented inroads on attendance and quality of life issues — an area carriers had no interest to collectively bargain,” said SMART-TD President Jeremy Ferguson. “We have cleared the way for our members on BNSF to expect predictability in their work rest schedules, while at the same time securing proper compensation on a variety of issues that were not agreed to in past rounds of national negotiations. It was long overdue that these issues be addressed. I’m very proud of everyone’s efforts to get this accomplished.”