In 2023, political ideology factors into almost every aspect of our lives. It can dictate what news sources we tune into, what restaurants/coffee shops we spend our money at, where we choose to live, and even who we see as a “good neighbor.”

All of these are unfortunate realities of the world today, but the one issue on the American landscape that has managed to transcend politics in 2023 has been railroad safety. People across the country have all been forced to wrestle with the idea of how fragile their reality is in a post-East Palestine world. This issue has been met with the same level of scrutiny and seriousness across the ideological spectrum in newsrooms and legislatures.

Nevada Gov. Joe Lombardo decided last week to veto a rail safety bill that had been passed by Nevada legislators.

Red states like Kansas, Utah and Ohio as well as blue-to-purple states like Michigan and Minnesota have successfully put typical politics aside and dealt with rail safety issues, including 2PC, train length, defect detector mandates/regulations along with many more. Momentum and common sense seemingly have gained a foothold since train derailments have been making headlines regularly this year.

Unfortunately for all of us, much like the majority of folks who get off a plane in Las Vegas or Reno with the grandest dreams of striking it rich, rail safety’s luck seems to have run out in Nevada.

SMART-TD’s Nevada State Legislative Director (SLD) Jason Doering and his legislative team put in an amazing effort to push for safety through train length limitations, wayside defect detector regulations that mirrored those put in place in Ohio post-East Palestine, and provisions aimed at preventing first responders from being cut off from the communities they serve by blocked crossings. Their bill, AB 456, was successfully shepherded by Brother Doering through both the Nevada State Assembly and state Senate. After making it through both chambers, AB 456 only had to be signed into law by Gov. Joe Lombardo (R-Nev.)

AB 456 is a clean bill that isn’t tied up into any other state or local issues. Doering somehow managed to avoid having amendments attached to it designed to make it unattractive or expensive for the state to pass. It was a basic question to Lombardo, “Do you see value in protecting communities and rail workers, or do you favor a gargantuan railroad’s bottom line and their campaign contributions?”

This question has one clear, acceptable answer. But the answer from Lombardo given June 2 was not that answer. He vetoed AB 456 clearly and definitively, siding with corporate greed and their bottomless lobbying budgets over safety and protecting his constituents from having their towns become the next East Palestine, Ohio.

In his efforts to pass AB 456 through the Legislature, Doering was met with opposition from the Republican caucuses of both the Assembly and the Senate. In both cases he got the bill passed, but both votes fell directly on party lines. Nevada has Democratic party control in both chambers of their legislature with Lombardo, a Republican, as governor. The resulting friction in Carson City that has manifested itself in a handful of issues, particularly evident in a power struggle over the state’s operating budget.

This heated and very public dispute has led to a scenario where Lombardo is not willing to protect Nevadans from toxic train derailments, in fear that it might be seen as a win for the Democrats in his state.

With political points being of great value in his war with the Nevada Legislature, the calculation is apparently that if another rail disaster happens in Nevada that no one will connect the dots to June 2, 2023, when he decided he would trade your safety for his career prospects.

It is SMART-TD and SLD Doering’s intention to not allow that to happen.

Lombardo thinks that he can gamble using your life, limbs, and livelihoods as his collateral. We need to let him know that he bet wrong.

Please follow the link provided to SMART-TD’s Legislative Action Center to send Lombardo the wake-up call he apparently needs. We need him to find out that we don’t play politics with rail safety. All members, their families, and friends are welcome to join this effort. If you are from Nevada, let’s be sure to let him know that he burnt a vote the next time he’s on the ballot.

SMART-TD celebrates politicians of any party who stand up for our issues, but in this moment, we need to speak with one voice and let all of them know that we refuse to be used as a bargaining chip in petty games.

Brother Doering and the whole legislative team in Nevada fought to do right by the communities they live and work in. AB 456 and every bill in this country deserve a fair shot to be heard and have a decision rendered based on the merit of the legislation, rather than the color of the yard sign of those legislators who chose to sponsor it.

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

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

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

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

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

In today’s world, it’s important for the union to keep current and accurate information so members can stay informed on things that are important to them. This can be accomplished through the SMART mobile app, via the SMART Member Portal on the SMART website or the old-fashioned way — by just letting your TD Local secretary know.

It’s no secret that we and the carriers do not often see eye to eye, and there is a false narrative out there that we openly share member/employee information with each other. Carriers have zero obligation to voluntarily share any change in your personal information with your union, including your job craft. Even in this age of easy communication, maintaining good labor relations isn’t the strong suit of many carriers, and that includes notifying the union when one of our members has moved, changed contact information or have changed craft roles at work, for example, holding dual certification as a conductor/engineer.

A feature has been added in the SMART app and the SMART website’s Member Portal so members can more accurately update their info with the union. It’s important to fulfill that SMART constitutional duty (Article 21B, Section 49) by keeping your contact info (address, phone number and email) as well as your emergency contact info, work craft and military service record current. To avoid missing out on important notices and to make your union one member stronger please use the app, website or contact your local leadership to ensure that your union has the most accurate information. Together we are stronger!

The SMART Union app is available by texting the word APP to 67336 or for download on Apple’s App Store or Google Play.

A link to the SMART Member Portal can be found here.

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

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

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

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

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

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

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

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

Read a synopsis of the agreement.

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About Norfolk Southern

Since 1827, Norfolk Southern Corporation (NYSE: NSC) and its predecessor companies have moved the goods and materials that drive the U.S. economy. Today, it operates a customer-centric and operations-driven freight transportation network. Committed to furthering sustainability, Norfolk Southern helps its customers avoid 15 million tons of yearly carbon emissions by shipping via rail. Its dedicated team members deliver more than 7 million carloads annually, from agriculture to consumer goods, and is the largest rail shipper of auto products and metals in North America. Norfolk Southern also has the most extensive intermodal network in the eastern U.S., serving a majority of the country’s population and manufacturing base, with connections to every major container port on the Atlantic coast as well as the Gulf of Mexico and Great Lakes. Learn more by visiting www.NorfolkSouthern.com.

About SMART-TD

SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel. More information about the union is available at www.smart-union.org.

On June 2, 2023, SMART Transportation Division members represented by General Committees of Adjustment GO-898, GO-687 and GO-680, have voted to ratify their tentative agreement with Norfolk Southern and will benefit from increased wages, as well as improvements to their quality of life.

Eligible members participating in the vote approved the new contract with approximately 60% in favor of ratification.

The ratified contract provides for:

  • Additional time off and scheduled rest days;
  • 5 paid sick days with the option to convert up to 2 personal leave days to on-demand sick days;
  • Unused personal leave days can now be carried over and accumulated indefinitely, with no limitations;
  • More predictable scheduling process to use paid leave and vacation days;
  • Compensation increases beyond those already provided for via national bargaining, with shift differential pay for weekend assignments;
  • Continuous detention/held-away pay beginning after 15 hours, paid continuously until the on-duty time at the away-from-home terminal;
  • Increased away-from-home terminal meal allowances;
  • More predictable work and flexibility in time off.

General Chairpersons Tommy Gholson (GO-898), Jim Ball (GO-687), David Phillips (GO-680), Assistant General Chairpersons Andrew Evans (GO-680), Jason Roberts (GO-898) and Brian Sharkey (GO-687), along with SMART-TD Vice President Brent Leonard, negotiated the now-ratified agreement.

Following the tabulation of votes on June 2nd, General Chairperson Ball said, “This is a proud day for all of us who were involved in getting this agreement hammered out. We got our brothers and sisters more compensation, better schedules, and the dignity that comes with having paid sick days so we can take care of our families and not get our coworkers sick in the meantime.”

General Chairperson Gholson said, “These changes have been a long time coming. Our members have been screaming especially for the quality-of-life upgrades that came with this agreement, but in this industry, those improvements have to be fought for. Nothing is given. We knew that going in, and with the help of Vice President Leonard, we got our members a great deal. We want everyone involved to know that we addressed every issue we set out to address and a little more, but the fight is far from over. We have momentum, and we aren’t done advocating for the front-line workers of Norfolk Southern.”

For his part in this win, GC David Phillips said, “This agreement is historic not only for what it brings to the table for the train service crafts, but it also raised the bar to the degree that engineers will see the quality-of-life enhancements negotiated by SMART-TD. The language we worked on for five months set a pattern and a high bar that required the carrier to extend those enhancements
to other crafts. As such, every member of our crew rooms are able to benefit from the fortitude of SMART-TD.

“I have worked as a SMART engineer, and speaking as a SMART engineer, it is very satisfying to see the hard work of SMART benefit those of us working in the Enginemen craft.”

Vice President Leonard was quick to recognize the hard work, professionalism, and experience that the NS general chairpersons brought to the bargaining table was the key to the success of this agreement. He said, “I want to start by congratulating the SMART-TD members of Norfolk Southern on the significant pay raises and quality of life improvements they just obtained. General Chairpersons Phillips, Gholson, and Ball deserve ample recognition for their dedication to hammering out this historic agreement. This is a big win for those General Committees and the members they represent.”

SMART-TD President Jeremy Ferguson’s reaction to the ratification announcement was, “The rail industry has always been built on the backs of conductors and trainmen. Our NS members and their elected representatives have stood up for themselves and demanded to be compensated both financially and with lifestyle improvements that are more in line with the importance of the work they do. I am excited to see these well-earned victories with sick days and schedule flexibility, and I am hopeful that this win for our NS brothers and sisters leads the way towards similar improvements across the industry.”

Many of us think of the SMART-TD’s Designated Legal Counsel as “The FELA guys” who come to our Local meetings.  Members in Minnesota learned DLC does a lot more for our organization.

The recent two-person crew victory in the state didn’t magically happen. It took many people and many years to pull, push, and drag it over the finish line, says SMART-TD Minnesota State Legislative Director Nick Katich.

And Designated Legal Counsel law firm Hunegs, LeNeave, and Kvas played a major part by stepping up and making a major contribution, he said.

“We got our bills through House and Senate Transportation committees and the next stops were in Judiciary,” Katich said. “While railroaders can speak to why a two-person crew is necessary, it takes a lawyer to testify before Judiciary and be able to cite case law off the cuff.”

HLK had a representative who, in two separate hearings, volunteered his time, talent and vocation to the betterment of rail labor and a successful outcome for the bill.

“I fear we would not have made it out of committee,” said Katich.  “We all owe a debt of gratitude.”

Please thank your DLC for all they do to support our Union, workplace safety, and worker rights.

Sara Youngdahl, managing partner of The Youngdahl Law Firm, P.C. in Houston, Texas, has been appointed by SMART-TD President Jeremy Ferguson to serve as Coordinator of SMART’s Designated Legal Counsel. Ms. Youngdahl is the only woman in the United States designated as legal counsel for a rail union. Ms. Youngdahl also serves on the Academy of Rail Labor Attorneys (ARLA) Board of Managers.

Sara Youngdahl

Ms. Youngdahl has been representing railroad workers in Federal Employers’ Liability Act (FELA) and Federal Rail Safety Act (FRSA)(OSHA Whistleblower) cases for nearly 25 years. Ms. Youngdahl has handled hundreds of cases on behalf of railroad workers and their families who were injured or tragically suffered death on the job. She has also fought for railroaders who have been retaliated against for reporting railroad safety violations, personal injuries, and those who have been denied medical treatment.    

Ms. Youngdahl comes from a family of union organizers and lawyers representing working people all over the country. Dedication to values such as fair wages, the right to organize, equal access to justice, and the notion that railroads must honor their legal and ethical obligations has been the cornerstone of Ms. Youngdahl’s practice.

Ms. Youngdahl has been designated counsel for SMART for nearly 20 years, and looks forward to serving as SMART DLC coordinator.

SMART Transportation Division members represented by GO-953 who work on Union Pacific’s Eastern District, Pacific Northwest, and Idaho Territories ratified a crew-consist agreement that preserves the in-cab conductor position that had been at the center of a court battle and targeted by the carrier for transfer to a nomadic “expediter” role.

The three crafts participating in the vote approved the new contract with more than two-thirds (68.16% aggregate) voting in favor of ratification.

The ratified contract provides for:

  • A $27,500 signing bonus upon the contract’s ratification.
  • Continues to require the conductor’s position as being based in the cab of the locomotive.
  • 30 years of protections for brakemen/switchmen who have assignments abolished.
  • Continued use of brakemen/switchmen as needed.
  • No rules changes regarding switching between road and yard crews
  • Additional pay for assigned road and yard service performed with a reduced crew.
  • Expanded utility position that is paid $50.00 per hour and has a set schedule.
  • Overtime in pool freight.

General Chairperson Luke Edington of Local 286 (North Platte, Neb.) negotiated the successful agreement with assistance from Vice General Chairperson Zach Nagy and Vice President Brent Leonard.

“This was a challenging process, but the result is a contract that our members found to be to their satisfaction,” Edington said. “The conductor’s role is preserved at least until the next round of Section 6 notices in 2024.”

SMART-TD Vice President Brent Leonard had this reaction to ratification of GO-953’s agreement: “This agreement serves to protect the train & yard service crafts and ensures these crafts as the crafts of the future. SMART-TD is the only transportation craft with agreements protecting their position now and into the future and does so without tying their position to that of another craft. Despite the efforts of outsiders who tried to prevent train & yardmen from becoming the highest-paid railroad craft employees, SMART-TD members recognized their value and secured their future. I commend the SMART-TD members for recognizing this and overwhelmingly ratifying the agreement. SMART-TD will continue to lead and secure the future for our members.”

When GC Edington made the vote count known, SMART-TD President Jeremy Ferguson reacted by saying, “I am very pleased by the membership’s decision to ratify this agreement that all of the involved SMART-TD officers worked so diligently on making the best possible agreement we can all be proud of, while securing our member’s future. All of their hard work proves why we’re the biggest, the best and the first. Failure of the agreement would have led to a reopening of mediation over the carrier’s prior Section 6 notice and exposed the conductor’s position to the potential ‘redeployment’ that Union Pacific had sought.”

GO-953 has members in 48 TD locals and represents workers in Union Pacific’s Eastern, Pacific Northwest and Idaho territories (former Chicago-Northwestern Railway Co.), Kyle, Nebraska Central and Portland Terminal railroads and the Wichita Terminal Association.

Brothers and Sisters,

On this Memorial Day, let us reflect on and honor those who have made the ultimate sacrifice while in service to our great nation. Their willingness to voluntarily face hardships where others cannot or will not is a testament to their character. We would not be the country we are today or enjoy the freedoms we have without these men and women.

Members of SMART-TD visit the grave of Troy J. Jordan, who was killed in a railroad accident in September 2015.

As a veteran of the U.S. Army, I view this holiday with great reverence and respect. SMART-TD would like to take this opportunity to express our appreciation to members of the military, and their supporting affiliates — those on active duty, those who have retired and those who are no longer with us.

Their sacrifices must not go unnoticed nor be forgotten.

As we all celebrate this Memorial Day, please take a moment to reflect on the holiday’s true meaning. Keep their memories and teachings close to you always and be thankful for those who continue to endure these duties today.

As a reminder, our union has many resources for veterans available — please see the links below. As we continue into June, which is PTSD awareness month (National PTSD Awareness Day is Tuesday, June 27), be sure to take care of yourselves and seek out help or support if you need it. More information about PTSD and treatment options are available here.

Thank you, God bless, and stay safe!

Fraternally,

Thank you, God bless, and stay safe!

Fraternally,

Jeremy R. Ferguson

President, Transportation Division


Links:

More about Memorial Day

SMART-TD Veteran Services page

Update your military status via the Member Portal


If you are suffering from PTSD and think you may hurt yourself, please call the National Suicide Prevention Lifeline at 1-800-273-8255 to reach a trained counselor. Use that same number and press 1 to reach the Veterans Crisis Line.

SMART-TD’s State Legislative Director (SLD) in Nevada, Jason Doering has done his part for the freight rail members in his state, and now is the time that all of us need to get in the fight with him to get AB 456 across the finish line!

Nevada is a state with more than its fair share of freight rail traffic and is home to UP rail lines. If everything goes as planned, they will also soon have high-speed rail in the mix as steps are being taken by the Brightline Railroad to start a direct line from Los Angeles to Las Vegas.

That being said, rail is an important and ever-growing part of the Nevada economy. Just like other portions of the US, PSR’s long trains, habitually blocked crossings and “Safety 4th” mentality are putting Nevada’s communities at more risk of becoming the next East Palestine, Ohio, every day.

Luckily for SMART members and Nevadans alike, Brother Doering has been successful in his fight to push back against the railroad’s corporate greed in his state. Not only has Brother Doering and his legislative board succeeded in getting two-person crew legislation passed in Carson City in 2019, but now legislators have passed legislation known as Assembly Bill 456, which aims to limit train length to 7,500 feet, regulate the use, standards, and adherence to wayside defect detectors on all the rail lines in the state, and also dictate the railroad’s behavior surrounding blocked crossings that inhibit access to communities for EMS workers.

The legislation that SLD Doering has pushed through Nevada’s Legislature stands to revolutionize the rail industry in the state and make operations safer for the public. AB 456 has one step left between Nevadans’ increased safety and reality: the signature of Nevada Gov. Joe Lombardo.

This is where our membership needs to play a role. We need all SMART members to let their voices be heard in the halls of the capitol by letting Gov. Lombardo know where you stand on rail safety. It is SMART’s belief and that of Nevadans that rail safety is not and should not be a partisan issue. We need the governor to hear from us.

As AB 456 awaits Lombardo’s signature in Carson City, SMART needs our members to speak our truth — that public safety and common sense absolutely need to outweigh everything else.

Brother Doering and Nevada Assemblyman Max Carter (Dist. 12) the bill’s sponsor, have done amazingly well pushing this historic bill through the legislative process. We CANNOT afford for this effort to be wasted and time is of the essence!

Please use the SMART Legislative Action Center to urge Gov. Lombardo to put the safety of Nevadans FIRST, and sign AB 456 into law.