Author: bnagy

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This morning (March 15), the U.S. Surface Transportation Board (STB) announced its decision to allow the merger of two of our nation’s seven Class I railroads.

The Canadian Pacific Railway Limited (CP) has now been given the federal clearance needed to finalize its agreement to acquire the Kansas City Southern (KCS) Railway Company.

The merger of the two corporate giants has been in the works since the fall of 2021 and has included an extensive amount of analysis by the STB on the ripple effects of the merger through the industry and for the supply chain as a whole. In short, the board found the net result of this merger to be a positive both economically and environmentally.

Expectation from the STB is that this merger will result in an addition of 800 new operating positions in the U.S.

In addition to that, the board also put language into their approval that imposes New York Dock labor protective conditions for applicable workers (Member Portal login required to view link).

The merger goes into effect April 14, 2023, and the company will now be know as Canadian Pacific Kansas City (CPKC). There will be an unprecedented seven-year oversight period allowing government regulators to ensure that all parties are living up to the agreed-upon stipulations.

To get more details on this development please follow the link to the STB’s press release from this morning’s announcement.

Kansas is a state with a population of only 2.94 million people — ranking as the 35th largest state in the country, population-wise. In contrast to that number, according to the American Association of Railroads’ website, Kansas ranks sixth in the nation for distance of rail with 4,252 miles. With 16 railroad companies operating in the state and this high density of rail, the industry plays a very important role in the landscape of the Jayhawk State and keeps SMART-TD’s Kansas State Legislative Director (SLD) Ty Dragoo very busy.

Kansas State Legislative Director Ty Dragoo

Currently, Brother Dragoo is working for the good of our membership as well as the people of Kansas by fighting to pass Senate Bill 215, known as the Kansas Rail Safety Improvement Act (KRSIA). In SB 215, Dragoo and bill sponsor Sen. Carolyn McGinn (R-31st District) have built an aggressive package aimed at reversing the effects Precision Scheduled Railroading (PSR) has had on the highly rail-dependent state. The railroad lobby has strong roots in Kansas and SB 271 was introduced with components of SB 215. While SB 215 is the goal, SB271 is the start in a state that has not seen any railroad safety laws passed in five decades.

Sen. McGinn introduced SB 215 in the second week of February, and it was quickly assigned to the Senate Transportation Committee. To date, SB 215 has sat on a shelf in committee having not been given a hearing for five weeks while UP scattered rail cars across the state in a pair of high-profile derailments. However, through negotiations with legislative leadership Dragoo has secured hearings on SB 271 and action is anticipated.

SB 271 will limit freight trains to a length of 8,500 feet within the state’s borders.

In order to prevent accidents at rail crossings, the bill also creates a minimum distance between road crossings and standing equipment left in sidings. The bill states that rail cars in a siding can’t be any closer than 250 feet to the edge of a road. With this 250-foot gap, the bill seeks to create clear lines of sight for motorists to be able to adequately determine if the crossing is safe to use without rail cars impairing their view of potential oncoming trains.

All in all, this bill being backed by SMART-TD is positioned to bring about significant improvement to the quality of life for Kansas rail crews. Ending the era of unrealistically large train consists, reducing the number of critical incidents at road crossings make for an impressive list of safety enhancements in a state that has seen its share of rail incidents this month. On March 4 and March 12, two separate incidents involving Union Pacific trains resulted in a combined 31 cars of mixed freight leaving the rails in Riverdale and McPherson, Kan. Though neither of the two derailments were as devastating to the communities as the toxic spill in East Palestine, Ohio, that has been grabbing headlines nationally since early February. Two of the cars in the McPherson derailment did leak denatured alcohol and caused a grass fire.

No one was hurt in either incident and officials have assured both communities that there are no immediate or long-term health threats from these two derailments. Even with this being true, the timing of these incidents has shed light on the importance of Dragoo’s bill.

The facts on the ground dictate that it’s time for the legislators in Topeka to give Brother Dragoo’s legislation strong consideration. Residents and taxpayers throughout Kansas shouldn’t settle for anything less.

It is of the highest importance for all our members in Kansas, along with their family and friends, let their state senators know that they demand action on behalf of the Transportation Committee. They need to act as soon as possible. Please follow the link provided to SMART-TD’s Legislative Action Center and enter your address. It will give you the contact information of all your state and federal representatives, then click on your state senator and take a moment to send him/her even a 2–3-line message that encourages them to take up the issues of SB 271.

The time is now to push for the passage of rail safety legislation across our country. Please put your shoulder to the wheel and help SMART-TD’s legislative department in Kansas and in every other state do the work to safeguard our brothers and sisters as well as the communities we all live in.

The whole foundation of unionism is the idea of putting the needs of other people in a situation similar to yourself — your union brothers and sisters — above the needs of the individual with the intent that things will improve for all through that collective effort.

It’s the big motivator as to why officers spend hours of their own time and massive amounts of energy to resolve and help support causes both big and small.

The same commitment can be said of many of the support staff in the Transportation Division’s Cleveland-area office. Without them, the union would not operate at an optimal level.

SMART Transportation Division Payroll Administrator Carl Morgano, left, and husband Gerard Kruetzer, pose for a photo together. Gerard is in need of a living donor for a liver transplant.

One key member — Carl Morgano — has worked for SMART-TD since 1999 in the Accounting Department, rising to become payroll administrator at the TD office. Recently he and his husband of 10 years, Gerard Kreutzer, have been coping with a major health challenge for Gerard that requires a liver transplant.

“We’re at the point where we need a living donor,” Morgano said.

Gerard has primary sclerosing cholangitis (PSC), a disease that affects the liver’s bile ducts. Since its onset, PSC has reduced Gerard’s quality of life, putting him in a constant state of fatigue and requiring him to go on disability from being a building project administrator and, before that, a sous chef.

Gerard is now registered with the American Transplant Foundation, a nonprofit that works to connect patients with potential living organ donors.

Gerard’s need is extremely urgent — it is the first step to resolving a second health issue involving his pancreas. A mass of cysts has formed on that organ, and doctors do not want to perform the partial pancreatectomy Gerard needs before he receives the liver transplant.

“The doctors basically want to perform the liver transplant and the pancreatectomy during the same surgery,” Morgano said. “The looming threat of pancreatic cancer is what makes the transplant exceptionally urgent.”

The multi-step procedure requires a potential donor aged 18-59 with a compatible blood type (Gerard is type O) to first go through an extensive battery of tests to determine whether he or she is a matching donor. The tests would be performed by Gerard’s health care provider, the Cleveland Clinic, and then his insurance would cover the costs of the tests and procedure when a match is found.

“I understand that this is a very altruistic act, which takes a very selfless person to undertake,” Gerard, an Army veteran, wrote in his American Transplant Foundation profile. “Gratitude for such an act cannot be expressed in words. Your choice to commit such an act has my grateful appreciation from the depths of my heart.” 

Morgano said that the donor doesn’t even have to be in the northeast Ohio region — if a suitable donor is found, the foundation can assist with accommodations and travel. Once the transplant is done, both the livers in the donor and Gerard’s bodies would both regenerate into whole organs, Morgano said.

The surgery would be performed at Cleveland Clinic’s main transplant center. For potential donors to receive more information, contact the clinic directly at 216-444-1976.

“Words cannot convey our gratitude for the opportunity to share Gerard’s story,” Morgano said. “It offers us hope.”

Additional info also can be found on Gerard’s American Transplant Foundation page.

WATCH: SMART-TD Ohio State Legislative Director Clyde Whitaker testified about rail safety issues before a U.S. Senate committee in March 2023.

Last week’s much-anticipated hearing of the U.S. Senate’s Committee on Environment and Public Works featured a discussion of the Norfolk Southern derailment and the subsequent release of chemicals in East Palestine, Ohio. The spectacle of seeing NS CEO Alan Shaw fend off questions from the senators was clearly the main event of the day; however the undercard of the hearing was well worth the price of the ticket.  

The hearing’s opening panel featured a robust discussion of the new bipartisan legislation being considered in the Senate known as the Railway Safety Act of 2023. Three out of the four title sponsors of the bill were in the hearing and testified about the goals they seek to achieve through the Safety Act. 

Testimony started off with U.S. Sen. Bob Casey, a Pennsylvania Democrat. Last December, Casey not only voted for U.S. Sen. Bernie Sanders’ legislation to guarantee seven paid sick days for railroad employees, but he also spoke at the SMART Transportation Division-led rally Dec. 13 outside the U.S. Capitol in Washington D.C. in support of ending Precision Scheduled Railroading (PSR).  

With the Feb. 3 Norfolk Southern derailment and subsequent aftermath unfolding mere feet from Sen. Casey’s state, it makes sense that he would be among the group of legislators trying to rein in the effects PSR is having on our industry.  

In discussing the Railway Safety Act of 2023, Casey said, “The future has to be about passing the Railway Safety Act that Senator Brown, Senator Vance, Senator Fetterman and I and others are leading. It’s bipartisan. That never happens around here on big bills, or rarely, I should say. It would be a good start by Norfolk Southern to tell us here today in addition to what more they are going to do for the people of Ohio and Pennsylvania, to tell us today that they support the bill! That would help.” Casey continued, “That’s what the people of both states deserve.” 

Following Sen. Casey’s testimony, the spotlight went to the two Ohio senators. Sherrod Brown and JD Vance are on very different ends of the political spectrum, but they both did solid work discussing the strengths of and the need for the legislation.  

“Lobbyists for the railroad companies have spent years fighting every effort to strengthen rules to make our trains and our rail lines safer. Now Ohioans are paying the price.”

– Ohio Sen. Sherrod Brown

In discussing Norfolk Southern’s large derailment in Ohio on March 4th, Sen. Brown said, “Another NS train derailed in Springfield, Ohio. This time the cars that derailed weren’t carrying hazardous chemicals, but other cars on that 200-plus-car train were. The only thing that saved Ohioans from another disaster was luck. But we need more than that. That is why Senator Vance and I have come together to introduce our bipartisan Railway Safety Act.”  

He went on to say that “lobbyists for the railroad companies have spent years fighting every effort to strengthen rules to make our trains and our rail lines safer. Now Ohioans are paying the price.” 

Sen. Vance came out swinging pretty hard at the railroads, especially considering he is just months into his first term in Congress. For his part, Vance pointed out that, “This is an industry that enjoys special subsidies that almost no industry enjoys. This is an industry that enjoys special carveouts that almost no industry enjoys. This is an industry that just three months ago had the federal government come in and save them from a labor dispute. It was effectively a bailout. And now they’re claiming before the Senate and House that our reasonable legislation is somehow a violation of the free market? Well pot, meet the kettle, because that doesn’t make an ounce of sense. You cannot claim special government privileges, you cannot ask the government to bail you out and then resist basic public safety.”  

In reference to his colleagues in Congress, Vance offered this: “We have a choice. Are we for big business and big government, or are we for the people of East Palestine? It’s a time for choosing. Let’s make the right one.” 

It’s hard to put a finer point on it than that. SMART-TD is happy to have the combination of these three legislators along with Sens. John Fetterman (D-Pa.) and Marco Rubio (R-Fla.), pushing this bill in Washington. We applaud their interest in safeguarding the rail industry and look forward to helping them as we get the Railway Safety Act of 2023 over the finish line.

“From the Ballast” is an open column for SMART Transportation Division rail members to state their perspective on issues related to the railroad industry. Members of the union are encouraged to submit content by emailing to news_TD@smart-union.org. Columns are published at the union’s discretion and may be published in the SMART-TD newspaper.

Most of us with any amount of time on the railroad have the shared experience of feeling the hot seat that comes with a company discipline hearing. These kangaroo courts are not set up to be fair and impartial fact-finding missions.  As we all know, they are an exercise in intimidation meant to make us feel as uncomfortable as possible. If they can add the bonus of humiliation on top of the penalty they’re threatening to impose, it makes the experience so much better.  

The U.S. Senate’s Committee on Environment and Public Works’ hearing March 9 put Norfolk Southern CEO Alan Shaw in our shoes for once (and not that pair of work boots he acquired to look like a relatable guy when the cameras were filming him in East Palestine, Ohio). For once, the so-called “big boss” got to experience the discomfort and frustration of when people in authority demand an explanation and accountability. It was very reminiscent of how we feel in similar situations when we’re getting grilled by railroad managers like Shaw.  

It was hard to feel any sympathy. Yet while every senator seemed poised to force Shaw’s hand, each stopped just short of going in for the kill. Those who did ask hard questions were given lukewarm half-answers — snippets from the well-rehearsed lines that he has been using since the derailment happened. He appeared like he was simply spinning his greatest hits album of the soundbites that scored highest in a focus group. 

Based on the fact that the hearing went for over a third of the time a rail crew has off between shifts these days, most members likely didn’t have the opportunity to watch. In an effort to put a bow on it, the hearing broke down like this: 

CEO Shaw was asked about as many questions as you could fit into the 3-hour, 19-minute hearing but somehow managed to answer every one of them with one of the following responses on a loop.  

  • I have only been the CEO since May 2022. 
  • I am personally determined to make this right for the community of East Palestine. 
  • Norfolk Southern will be in East Palestine tomorrow, next month, next year, and ten years from now. 
  • We created a new website in response to the disaster. 

After seeing his performance, (and that was exactly what it was) I would offer Mr. Shaw some advice. First, he should hire a new acting coach to help him get through these situations. His entitled angry Wall Street CEO reality leaked through the repentant empathetic “Mother Teresa” persona that he was trying to adopt before the panel as penance for the misery that’s occurred in East Palestine.  

Second, I would advise him to learn the value of direct answers. He was asked yes/no questions time and time again and offered answers that went on for minutes at a time and somehow did not include either of those two words to definitively answer what was asked.  

Since the senators were allotted a limited amount of time for their questions, Shaw was successful in running out the clock by playing a version of corporate prevent defense. But where he succeeded in not being pinned down to anything that could be held up in court as a commitment, he failed to move the needle in the court of public opinion. His wishy-washy answers, devoid of authenticity, full of unwillingness to commit to substantive industry change away from Precision Scheduled Railroading, and the recurring theme of “we’ll consider throwing more money at the problem we created,” clearly angered the senators on the Committee of Environment and Public Works. We will see what effect they have on the all-important shareholders of Norfolk Southern. His appearance did nothing to inspire the confidence of SMART Transportation Division.  

Among some of the questions from the senators that Shaw artfully dodged were: 

  • What did NS learn from the 20th derailment that resulted in a chemical release since 2015 that it didn’t learn from the 5th, the 10th, or the 15th? — Sen. Debbie Stabenow (D-Michigan) 
  • Will you lead the rail industry in getting away from the business model known as Precision Scheduled Railroading? — Senator Bernie Sanders (I-Vermont) 
  • Was the owner of the rail car in question who is responsible for its maintenance and contents involved in the decision to vent it and burn off the contents of it? — Sen. Markwayne Mullin (R-Oklahoma) 

One last highlight came from Sen. Sheldon Whitehouse (D-Rhode Island). It wasn’t posed as a question, but in Whitehouse’s comments, he stated that, “Mr. Shaw, the news is reporting that there has just been a significant derailment in Alabama of one of your trains. I certainly hope that all of your team and anyone in the vicinity is safe and well. You may need to look into that.” 

Though the net result of the hearing was minimal, CEO Shaw came out of it looking highly frustrated, but less than trustworthy. He was clearly uncomfortable being held accountable for the unintended but inevitable consequences of his company’s embrace of PSR.  

What left me with an uncomfortable feeling was that Shaw continually framed all the promises made to East Palestine and surrounding communities as “personal commitments.” As anyone on the rail can tell you, nothing is true or real in this industry until it is. There is no such thing as a guarantee. With all of the commitments coming from Shaw personally, it raises the question of what happens if NS fires him?  

Likely, he’ll float away comfortably from East Palestine on his golden parachute, make a comfortable landing elsewhere — maybe as an industry lobbyist — and the Ohio village residents he testified to have such an affinity with would be left holding a bag full of empty promises, just like every one of us railroaders with wallets full of unfulfilled IOUs from Class I managers. 

Daniel Banks is a Class I certified conductor and government affairs representative for the SMART Transportation Division. 

As has been documented, we’ve been pushing quite a few pieces of rail safety legislation in many states. Of all the places SMART has legislation, Utah State Legislative Director Dan Brewer may have had the most-ambitious agenda this cycle especially considering his state has one of the hardest climates to create traction for labo- friendly bills.

Against the odds, SLD Brewer seems to have made Utah the first state to get across the finish line in the 2023 legislative year. Utah has passed a slate of bills that combined will bring significantly increased state safety oversight of Class I and commuter railroads that will make the rail crews and communities of Utah safer for years to come.

Brewer is anxiously waiting for Gov. Spencer Cox to sign HB 51, HB 232, SB 61, HB 63, and HJR 16 into law. This final step in these bills’ journey will make them the cornerstone of Utah’s rail safety culture. Brewer is quick to give credit to the collective efforts of his retired predecessor, Jay Seegmiller, BLET State Legislative Director Scott Weeks, Utah State AFL-CIO President Jeff Worthington and others in the labor community for pushing these measures across the finish line.

“It’s taken a lot of hard work and dedication from multiple people to get this done, but it’s all worth it when I think about how much better the lives of our crews are going to be going forward.” Brewer said.

HB 63, the core bill, creates a “Utah Office of Rail Safety” (UORS) which will be administered by the Utah Department of Transportation (UDOT). Via the FRA’s Rail State Safety Participation Program, UDOT will  be authorized to enter into a multi-year agreement allowing for the employment, training and certification of 10 to 12 rail safety inspectors who will be able to perform all the same inspections and enforcements of federal railroad safety laws that current federal Inspectors can do.

Beyond federal safety laws, UORS will have authority to monitor and regulate highway-railroad crossings at grade, with the authority to impose fines for blocked crossings (after the federal courts rule on if states have the right to do so) and assess responsibility for maintenance/ improvements of the roadway in those locations.

“UDOT will be able to finally get a bunch of long-overdue crossing projects done,” Brewer said.

UORS will be charged with creating rules and standards to provide safe working environments for employees who work adjacent to and on the tracks. This will include walkways adjacent to railroad track, clearances of structures and other obstructions near railroad track; the safety of office personnel conducting inspections in accordance with this part; railroad infrastructure and work spaces for railroad workers; signage related to railroad worker safety; and other safety standards as the department finds necessary.  

“By placing regulatory authority into UORS,” Brewer said.  “We don’t have to pass a law through the state Legislature in order to get walkway standards, and we can work with those with direct knowledge of the industry to make the case for specific statutes, such as ballast sizes or lighting at night on the switching leads. UORS will be especially helpful with all the new rail construction projects coming online in Utah in the near future.”

With SB 61, UORS will assist the Utah Department of Agriculture with enforcing laws that require railroads to maintain fencing along key sections of the right of way and report livestock collisions and fatalities so that cattle ranchers can be compensated.

“The State Cattle Rancher’s Association has become an ally to railroad employees in this, as we both want stronger fences along the tracks,” Brewer said.

One of the most outstanding aspects of HB 63 is how it goes about funding the Office of Rail Safety. In an act of poetic justice, the railroads will be picking up the tab. The formula for the funding is based on the number of track miles each railroad carrier owns and operates within Utah. Annual assessments will be made by the state to the rail companies to pay for the office’s operating budget. Additionally, the fines and penalties assessed to the railroads by inspectors will also go towards funding and equipping the office.

According to State House Rep. Mike Schultz, sponsor of HB 63 “..hundreds of projects across the state that are being held up because Union Pacific won’t approve them or they are forcing the local government to pay for them where they otherwise have not or the state of Utah. It’s not fair to place that burden on the taxpayer. Union Pacific needs to step up,” Schultz said.

In essence, the railroads have been left largely to their own devices for too long and have taken advantage. Brewer, aided by the scrutiny of the unfortunate events in East Palestine, Ohio, in February, pointed out to legislators how bad the carriers had allowed safety conditions to get in their backyards. Now the state has agreed with SMART-TD and Brewer and have voted to make the rail companies pay for their own traffic cops to monitor them.

SMART-TD would like to congratulate the state of Utah for being proactive and aggressive in their approach to protecting their constituents and our members. We would also like to emphasize again how much we appreciate the work of not only SLD Brewer, but of his entire team. Unlike some states, Utah’s SLD is a part-time position. Danny Brewer got this monumental bill over the finish line in the 10-hour increments he got between calls to work. This adds to the already-large amount of credit he deserves.

Railroaders aren’t normally in the business of being thanked, but we appreciate what the Utah State Legislative Board has pulled off with this and we hope the member of rail labor in crew rooms all around Utah do too!

The state of Michigan is a great microcosm of the United States as a whole. It has major metropolitan areas, heavy industry, expansive agriculture and a diverse transportation network.  

Train tracks crisscross “The Big Mitten,” moving people to and from the state and getting products to both national and international markets. Belying their role in the supply chain, Norfolk Southern, CSX and a large number of shortlines have loomed large over the State House in Lansing for decades, peddling the kind of influence that reflects their role in the state’s economy as well as their bottomless lobbying budgets.  

Unfortunately for the carriers, another thing Michigan is known for is a hard-nosed and organized workforce. The most-recent demonstration of this has come from SMART Transportation Division’s own Don Roach — our state legislative director (SLD) in Michigan. Despite being outspent and outmanned in Lansing during his more than three years as SLD, Brother Roach and everyone on the State Legislative Board have not been outworked. This is being made readily apparent by the early results in this year’s legislative cycle with four pieces of legislation introduced and carrying momentum. 

First on the agenda is SB 100, Michigan’s two-person crew bill. With state Sen. Erika Geis as primary sponsor (she’s also chair of the Senate Transportation and Infrastructure Committee), it also has the additional push of nine cosponsors. With these 10 backers, the bill is already halfway to the total number of votes needed to get through the senior chamber.  

In addition to the 2PC bill, Michigan’s Senate is also looking at SB 139 to legislation limiting freight trains in the state to 7,500 feet with fines to carriers of up to $5,000 per infraction. With the number of auto rack trains rolling out of Detroit, having this law in their state of origin will help train crews up and down the Midwest and eastern seaboard. When the rack trains start coming out of Michigan with 75 cars rather than the 200-car monsters we’ve been wrestling with during Precision Scheduled Railroading, Michigan’s crew bases won’t be the only ones who benefit from this new law. Both rail congestion and road traffic congestion due to blocked crossings should see improvement. 

A third bill Michigan’s legislative team has in the works aims to defend our brothers and sisters in passenger rail and bus service. This bill that is ready to be dropped in Lansing seeks to make it a felony in Michigan for anyone to assault an employee of a commuter or passenger train or a bus driver. In addition to upping the level of criminal classification for such actions, the bill also seeks to strengthen the fines for these crimes, ranging from $1,000 to $5,000 per conviction.  

Finally, our Michigan contingent have their eyes on SMART-TD’s national goals. The most-recent legislation put on the state’s agenda is a resolution stating support from Michigan’s Legislature for the Railway Safety Act of 2023 introduced in the U.S. Senate by a bipartisan collaboration. State resolutions of support will play a large role in garnering support from Michigan’s members of Congress as well as serve as a lead for other states to follow. 

To sum it up, our union is leading by example in labor’s war against PSR. All of us at SMART are excited to see the progress being made in Michigan and elsewhere and look forward to what comes next. 

The daughter of General Chairperson Richard Finley (GCA-RCL), Tori Brianna White, passed away at the untimely age of 28 on Feb. 26, leaving a huge void in the lives of Brother Finley, her mother, Stephanie L. Brown, and members of SMART Transportation Division Local 1558 in Bergenfield, N.J., in mourning.

Tori B. White, daughter of GC Richard Finley (GCA-RCL), passed away on Feb. 26, 2023.

GC Finley says Tori helped local members with run and vacation picks on many occasions and that, despite contending with illness and health issues for years, his daughter had lived a very full and happy life.

“Tori will be missed by all. Remembering Tori will always bring a smile to your face and warmth in your heart,” the family wrote in her obituary. “As God’s angel, she will watch over all of us.”

Tori was the youngest blessing born to Stephanie Brown and Harry White in Sacramento, Calif., on May 13, 1994. Her favorite pursuits included taking after her mom in a great enjoyment of karaoke. She was a huge fan of celebrity chef Bobby Flay and enjoyed watching both cooking and crime/suspense shows on television.

Brother Finley and Tori made it a point to spent time together, sit down and watch “The Masked Singer” as appointment viewing every week.

Tori is survived by her mother, Stephanie L. Brown; Brother Finley, who helped raise her since the age of 8; three grandparents; two brothers; four sisters; numerous nieces and nephews; dozens of cousins and so many friends. Tori also is survived by her pride, joy and life companion Lola, her Chihuahua, and Camron, the love of her life. Tori was looking forward to getting better and being with Camron.

She was preceded in death by her biological father, Harry White, who passed just three days prior to Tori; grandmother Betty Greer (Brown), grandfather Murray Finley, aunt Lanette M Alexander (Brown); and uncle Sam Taylor.

An online fundraiser has been established to assist the family.

Last week, your union put out a story discussing the 49 pieces of legislation that SMART was pushing in 17 states. As state legislatures are all hitting their stride in this year’s cycle around the country and focus on rail safety is as high as it has been in decades, these numbers are growing by the day.  

This week, we can report that the number of states we have bills in has reached 20, and the number of pieces of legislation we’re endorsing for passage has skyrocketed to 70 bills. 

These bills range from two-person crew (2PC) legislation, to train-length restrictions, to strengthening penalties on those who are convicted of assaulting bus drivers and commuter train employees to become felonies. All in all, it is safe to say that SMART Transportation Division members are getting a high return on investment out of their State Legislative Directors (SLDs) and National Legislative Department.  

Some of the bills are being advanced through state houses that haven’t seen a rail safety bill get past the committee level in decades. Momentum is with us and SMART-TD’s LRs and SLBs are seizing the moment.  

With 70 bills in front of 40% of our nation’s state legislative bodies, it is impossible to report on each bill’s individual progress every step of the way — that information is available on the Take Action page of the SMART website, but we will continue to compile weekly roundups of some of the highlights around the nation. If your state is mentioned, we ask that you follow the link to SMART-TD’s Legislative Action Center (LAC) and see how you can get involved in supporting your state’s bills. If your state is not on the list, please give our LAC a look anyway because there is a 40% chance that your state does have legislation in need of your support, even if it wasn’t mentioned in the article.  

Utah HB 63 – SLD Dan Brewer’s bill establishes the Office of Rail Safety in the state to regulate and inspect all aspects of rail safety and will be funded by the rail carriers who operate in Utah rather than taxpayers. HB 63 passed through both the House of Representatives and the State Senate and is pending a signature from the governor! 

Missouri SB 702 – SLD Jason Hayden’s train length bill limiting trains to 8,500 feet has been assigned to the Missouri Senate Transportation Committee. 

West Virginia HB 3059 – SLD Bryan Goodson’s blocked crossings bill made it out of the state House and has been sent to the Senate. 

Oklahoma SB 257 – SLD Kyle Pense’s 2PC bill has been assigned to the transportation and infrastructure committee in the Senate. 

Arizona HB 2526 – SLD Scott Jones’ bill to mandate heightened oversight and inspection of rail and equipment is ready to go in the House of Representatives.  

When the state of New Mexico comes to mind, we often think of the Carlsbad Caverns, uniquely rugged landscapes and exotic wildlife. Soon it may also conjure up thoughts of solid railroad safety and landmark two-person crew laws.

On Feb. 20, New Mexico’s state house chamber, known as the “Round House,” was full of debate and discussion about the state of modern railroads. Watching the proceedings felt on some level like sitting in a crewroom listening to coworkers argue. Many of the representatives sounded like the new guys every crew base has who try to argue their point, even though you can tell they are still working out the rough spots in their understanding of railroad terminology. Other reps offered the time-tested “old head” line of “This is how it’s always been done.”

Unlike those crewroom debates, the one in the Round House had the potential to bring about tangible results.

The weight of the outcome of the argument made it absolutely critical that SMART Transportation Division had a role in this debate. Luckily for all involved, State Legislative Director (SLD) Don Gallegos was right in the middle. At the right-hand side of Rep. Eliseo Alcon who was HB 105’s primary sponsor, Gallegos shepherded the conversation through to a successful conclusion.

As the House minority leader and the minority whip did an excellent job of playing the role of trainmaster in this crew room debate, they tried their best to paint Rep. Alcon into corner after corner in an effort to muddy the water on the bill’s intention and scope. They tried to make the bill too complex to stand a chance in the Senate by including verbiage on passenger rail and also tried to slow down the bill’s momentum by offering to take it back to the drawing board and work with the bill sponsor to strengthen the language.

In short, they put on a clinic on how to execute the railroad lobbyist playbook to subvert the common-sense inherent in HB 105. Yet at the end of the conversation, Rep Alcon and SLD Gallegos came out with a win — a 43-25 vote in favor with two representatives opting to pass on voting,

After passing through the House with such remarkable bipartisan support, the bill was then sent to New Mexico’s Senate Transportation Committee where it will be taken up in the near future. For his part in the progression of the bill, SLD Gallegos said, “This is further than our two-person crew legislations have gotten in the past. We are all very excited at the prospect of bringing a heightened level of safety to the communities of New Mexico as well as job security to our state’s railroad professionals.”

SMART-TD is proud of the progress in New Mexico and looks forward to seeing HB 105 progress. This is yet another example of SMART-TD’s National Legislative Department’s positive momentum.

New Mexico’s progress is a great illustration of the efforts that are going on nationwide to defend our members from the profit-at-all-costs business model of Precision Scheduled Railroading.