This is a call to action. The burning wreckage of what used to be the Grand Old Party (GOP) is attempting to attack the labor movement immediately after the holidays while our guard is down and as the transition to the new Congress occurs. SMART is asking you to take action and contact your congressional representatives before this underhanded measure succeeds.

Last spring, the staff workers for the U.S. Congress made the bold decision to organize into the Congressional Workers Union. This union represents those brothers and sisters who put themselves on the line for us with every bill that affects the lives of working people and of those who depend on us to make our living.

It should go without saying that this new and vastly important labor organization is worthy of our support and that of the people in our country; however, they are currently in danger of being legislated out of existence by their own bosses.

A more-classic example of union busting would be hard for any writer to conjure up. The newly minted Republican leadership of the U.S. House has yet to settle on the most basic of agenda items, including who will lead them as speaker. On that topic there are many varying Republican opinions, but there is one topic the fractured GOP can coalesce around, and that is trying to bust the union their direct employees have organized.

As the first order of business of the 118th United States Congress, the GOP majority’s priority could have been many things — perhaps addressing the war in Ukraine, inflation or the multitude of issues surrounding immigration. But, predictably, these issues are not nearly as threatening to those who hold power as the idea of their own workers organizing, so they are attempting to stomp that fire out with the very first legislation they’ll undertake, thus rolling back the advancement of congressional workers. In a House rules package that will likely be voted on today, Republicans have placed a repeal of House Resolution 1096 passed last year allowing Congressional staffers to unionize.

As this article stated in the beginning, it is the hope of the new “not sworn in yet” Republican majority to catch us asleep at the switch with this post-holiday surprise. They are hoping to put their boot on the necks of their staff without us noticing or calling them out.

This is where you come in.

SMART is requesting you let your voice be heard. These staffers who make up the rank-and-file membership of the Congressional Workers Union stood with us when the terms of our national rail contract entered the arena of congressional gamesmanship late last year. They stood with us (and still do) in our efforts to secure the dignity of paid sick leave. They take our calls daily and add volume to our collective voice when we need federal intervention in our day-to-day lives. Now it is our turn to help protect this newly formed union. Their own bosses are trying to rip a budding union out of the ground before it has a chance to root. We cannot allow that to happen and stand by in silence.

With a thousand things to do today as we collectively dig out from under our holiday distractions and obligations, let us make (and keep) a worthwhile New Year’s resolution by being an active union brother/sister in 2023 and an active/conscientious citizen right out of the gate.

Please take a moment of your day TODAY to write your congressional representative in support of the Congressional Workers Union. A simple two-line email will indicate that their underhanded efforts to upend the labor movement in their own backyard is NOT going unnoticed. Follow this link to visit the Legislative Action Center to learn who your representatives are and how to contact them.

The Federal Railroad Administration published a safety bulletin Dec. 29 regarding an unintended release of a train’s air brakes while stopped at a signal. The text of the advisory as published in the Federal Register is reproduced below.

FRA is issuing Safety Advisory 2022-02 to make the rail industry aware of a recent issue encountered by a train crew that experienced an unintended brake release of a train’s automatic air brakes while stopped at a signal, and to recommend steps addressing the unintended release of train air brakes.

Background

On June 22, 2022, during a significant thunderstorm, a crew consisting of a locomotive engineer and conductor operated a conventionally powered, intermodal train with 3 head-end locomotives, 47 loaded cars, and 6 empty cars, totaling 9,204 feet in length and 7,392 tons in weight. The engineer stopped the train on a downhill grade of 0.9-1.18% near the signal governing the train’s movement, set the train’s air brakes at approximately 12 pounds, and fully set the locomotive consist’s independent brakes. After being stopped for approximately 3 hours, the engineer and conductor, located in the lead locomotive cab, observed the train roll towards the signal interlocking displaying a stop indication. This train experienced an unintended automatic brake release. The locomotive consist’s independent brakes remained fully applied but due to the grade, tonnage and wet rail could not solely hold the train without the automatic air brakes also being applied.

At that time, an opposing train on the same track was preparing to cross through the interlocking in front of the rolling train. The locomotive engineer of the rolling train applied full-service airbrakes and full dynamic braking but was not satisfied that the brakes were working effectively or fast enough. The conductor operated the emergency brake valve and stopped the train short of the signal and the train that was preparing to cross through the interlocking.

The crew then contacted the dispatcher and railroad management to report the unintended brake release and the conductor set a sufficient number of car handbrakes to hold the train on the grade.

FRA’s investigation of the rolling train’s event recorder, positive train control (PTC) system, and engine data logs, revealed: the PTC system had operated properly and would have initiated an emergency brake application upon reaching the signal; the Trip Optimizer was off; and the lead locomotive and consist did not cause the unintended brake release. Instead, FRA determined that, after approximately three hours with the air brakes set, the air pressure slowly bled down from some of the cars’ auxiliary reservoirs, likely causing localized brake releases.[1] The initiation of the brake release would enable the accelerated release functionality by taking some air from the emergency brake reservoirs and directing it back into the brake pipe resulting in a substantial number of adjacent car brakes releasing. Potentially contributing factors causing the train’s unintended movement included the downhill grade, wet rail, and the train’s tonnage.

Due to the potential for air brake system leaks, FRA prohibits unattended trains from depending solely on air brakes to hold equipment.[2] While the aforementioned rolling train was attended, it nevertheless engaged in an unintended movement.

Based on FRA’s review of this incident, and its awareness of other train incidents involving an unintended air brake release under similar circumstances, FRA believes operating guidance is warranted to help reduce the likelihood of similar unintended air brake releases, and therefore makes the following recommendations.

Recommendations

1. Train crews should not expect a service rate or emergency brake application to indefinitely maintain application of a train’s air brakes.

2. If a train is stopped with air brakes set, and the train begins moving, the crew should immediately apply the emergency brake. After the train is stopped, the crew should set a sufficient number of handbrakes to secure the train from further unintended movement before releasing the brakes and recharging the train’s air brake system.

3. Each railroad should adopt and implement an air brake procedure consistent with Recommendations 1 and 2 that addresses unintended brake releases.

4. Each railroad should have an operating supervisor conduct a face-to-face meeting with each locomotive engineer and conductor to explain and reinforce the contents of this advisory.

FRA may modify Safety Advisory 2022-02, issue additional safety advisories, or take other appropriate necessary action to ensure the highest level of safety on the Nation’s railroads.

Issued in Washington, DC.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.

Footnotes

1.  FRA notes this type of prolonged pressure release would likely not be identified during a periodic single car air brake test. Back to Citation

2.  49 CFR 232.103(n)(2). Back to Citation


Brothers and sisters —

The year is drawing to a close and we have put the nation on notice.

We transportation workers are the definition of essential, and as the nation struggles with a major weather event with zero-degree temperatures and face-numbing sub-zero wind-chills, our members are out doing their jobs. Some may forget that. We do not.

Many events have defined the past year — the imposition of a national rail contract by Congress, a contractual win in Los Angeles for one of our largest bus properties, the pulling together of rail labor to rally around the country to draw attention to the Class I carriers’ practices, and the solidarity of the public and rail worker alike in flooding the Federal Railroad Administration with thousands upon thousands of comments in support of the two-person crew.

Our union took steps to leading the way down a stronger path in 2022. The work is not done — it never is — we will continue down that path next year.

In these times, let us remember to remain strong and united for the greater good. Together we all can work toward justice in the workplace and get what is deserved, even in the face of carrier greed. They will bend. We will not break. In 2023, let us stand united, learn from what was and was not accomplished in 2022, and remain committed to fight the good fight and advance with hope, strength, gratitude and all the renewed solidarity we have displayed the past year. Thank you for all you do — in your workplace, in your local union and in your community.

Please be safe this holiday season, and remember that, historically, from the week before Thanksgiving to the week after New Year’s Day is the most-dangerous time of the year regarding transportation accidents, injuries and fatalities. Stay focused and vigilant at work, and let us continue to take care of each other!

The best gift we can give our loved ones during this holiday season is to return home safe, sound and healthy.

God bless all of you, and I wish you and your families a happy holiday season.

Jeremy R. Ferguson

President, Transportation Division

The SMART Transportation Division would like to thank all of you for your historic response to the FRA’s Notice of Public Rulemaking (NPRM) on Freight Train Crew Size. In the moment when our livelihood and the safety of all involved was on the line, SMART members, along with their friends and families, answered the bell in a profound way.

For months, we have been requesting your help in submitting comments to the FRA and in a record-setting demonstration of concern and support, you came through with flying colors. The FRA reports Dec. 22 that 13,090 submissions were received in their request for public comments that closed on December 21st. This outpouring of your information and personal reasons for wanting a minimum crew size of two will play a large role in the FRA’s process of determining their final ruling.

The next step in this process is for the FRA to announce its determinations. We at SMART-TD will be sure to keep you all informed as to how that process plays out. We appreciate your partnership with us in this project, and we look forward to continuing the fight as long as needed to keep our members safe and employed.

The Transportation Trades Department (TTD) of the AFL-CIO, as the umbrella organization representing all factions of rail labor, wrote the definitive submission stating our case.

The two unions representing in-cab freight personnel — SMART-TD and the Brotherhood of Locomotive Engineers and Trainmen (BLET) — submitted a joint statement accentuating the positions of the T&E employees in support of the NPRM. These submissions are linked below.

Once again, your activism and support are vastly appreciated. We thank you profoundly.

AFL-CIO TTD statement

SMART-TD/BLET statement

The Federal Railroad Administration’s Office of Railroad Safety issued the following bulletin on Dec. 20, 2022:

SUBJECT: Pre-Departure Inspections – Appendix D to 49 CFR Part 215 


The Federal Railroad Administration (FRA) is investigating a recent fatal accident when a train operating on the mainline struck a piece of angle iron protruding from a freight car on the adjacent main track. Based on FRA’s preliminary results from its ongoing investigation, the piece of angle iron appears to have been part of the freight car (not lading, but a repair to the carbody side top cord of a scrap metal gondola car) that was starting to dislodge from the carbody. It appears that the piece of angle iron was in this state when the car was pulled from the customer, moved to a yard, and then added to a different train on the main track. The angle iron, which was protruding into the foul of the adjacent track, pierced a locomotive cab window and fatally injured a member of the crew

The purpose of this Safety Bulletin, which is informal in nature, is to provide almost-immediate awareness to the industry that an accident or incident occurred resulting in a fatality or significant damage to property or the environment. Its purpose is to also provide the industry key information with which to brief or (re)train employees. As FRA completes its investigation, it may take additional actions with respect to this incident/accident. 

Specifically, in this Safety Bulletin, FRA requests that railroads review this Safety Bulletin with its employees to increase awareness of this hazardous condition that led to a fatal injury. FRA also reminds train crew members that when at locations where a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars (such as in customer facilities), prior to pulling any cars and only when it is safe to do so, to perform a proper visual inspection of freight cars for any protruding objects that may foul an adjacent track from a railcar, and if observing such a condition to immediately report it. See Appendix D to 49 CFR Part 215, Pre-Departure Inspection Procedure (excerpted below). 

Appendix D to Part 215 – Pre-departure Inspection Procedure 

At each location where a freight car is placed in a train and a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars, the freight car shall, as a minimum, be inspected for the imminently hazardous conditions listed below that are likely to cause an accident or casualty before the train arrives at its destination. These conditions are readily discoverable by a train crew member in the course of a customary inspection. 

1. Car body: 

(a) Leaning or listing to side. 

(b) Sagging downward. 

(c) Positioned improperly on truck. 

(d) Object dragging below. 

(e) Object extending from side. 

(f) Door insecurely attached. 

(g) Broken or missing safety appliance. 

(h) Lading leaking from a placarded hazardous material car. 

2. Insecure coupling. 

3. Overheated wheel or journal. 

4. Broken or extensively cracked wheel. 

5. Brake that fails to release. 

6. Any other apparent safety hazard likely to cause an accident or casualty before the train arrives at its destination. 

Issued: December 20, 2022 

The bulletin is available below in PDF form.

WASHINGTON – SMART Transportation Division organized rallies in multiple locations Dec. 13 to bring attention to rail-related issues, including maintaining the current safe level of a minimum two-person crew in the cabs of locomotives, paid sick leave for workers and an end to the carriers’ Precision Scheduled Railroading (PSR) scheme.

A solidarity rally took place at Capitol Hill days after the Dec. 2 federal imposition of a national rail contract on the SMART-TD and three other unions, drawing support from the AFL-CIO’s Transportation Trades Department, multiple unions from inside and apart from the rail industry, a bipartisan contingent of U.S. representatives and senators and others.

“Every single day in this nation, a life is saved because of the actions of a two-person crew. When a train whistle is blown and a kid gets out of the way – that is a life that is saved in a moment. But you never hear about it because the railroads are not required to report it,” SMART-TD Alternate National Legislative Director Jared Cassity told the crowd of supporters at Capitol Hill. “PSR is a deadly animal to this entire nation. Public safety is under threat because of cuts for profit that the railroads are trying to make. They want to keep cutting. They want to keep taking crew members off trains — they’re going to do whatever they can do to keep making another dollar. We have got to put an end to it, but the only way we do that is that we all fight together and keep going.

“Keep talking to your brothers and sisters. Let them know that the fight continues — the only way that we win this battle is if everybody is out, everybody is fighting and everybody is loud and everybody is doing their part to make sure our job, our union, our solidarity is being fought for. You’ve got to be the leader at home. You’ve got to let your people know that the time is here, the time is now. We’re all in this fight together.

“When we leave here today, do not go home and think that you did your part. You have not done enough yet. We have not done enough yet. No one has done enough yet,” Cassity said. “We will get strong. We will get louder. We have got to continue.”

The rally at the Capitol was one of a series that took place in multiple states, including Colorado, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Ohio, Utah and Wyoming.

“These reforms aren’t going to happen on their own. We’re going to keep pushing to make them happen so we can deliver for railroad workers. At a minimum, every single railroad worker deserves paid sick leave and the guarantee of a two-person crew. These reforms will create a safer and better freight system for everyone,” said TTD President Greg Regan, who introduced a number of the speakers from Congress.

While Congress stopped a nationwide rail strike by imposing a contract on workers earlier this month, the devastating workplace conditions perpetuated by major rail corporations continue to prevail.

More than a dozen members of Congress addressed the rally, including: U.S. Reps. Donald Payne (D-N.J., Dist.10), Andy Levin (D-Mich., Dist. 9), Brian Fitzpatrick (R-Pa., Dist. 1), Don Bacon (R-Neb., Dist. 2), Jamaal Bowman (D-N.Y., Dist. 16), Jesús “Chuy” Garcia (D-Ill., Dist. 4), Alexandria Ocasio-Cortez (D-N.Y., Dist. 14), John Garamendi (D-Calif., Dist. 3), Bonnie Watson Coleman (D-N.J., Dist. 12), Pramila Jayapal (D-Wash., Dist. 7), Cori Bush (D-Mo., Dist. 1), Jimmy Gomez (D-Calif., Dist. 34), Rashida Tlaib (D-Mich., Dist. 13) and Ilhan Omar (D-Minn., Dist. 5) and U.S. Sens. Bernie Sanders (I-Vermont), Elizabeth Warren (D-Mass.), and Bob Casey (D-Pa.).

U.S. Sen. Bernie Sanders addresses the crowd at the Capitol Hill labor solidarity rally on Dec. 13.

“What you have shown the country is how outrageous this level of corporate greed is and how we have it in the rail industry and in other industries across this country,” said Sanders. “Tell the people that own this country that we are going to put an end to their greed.”

Sanders railed at the carriers’ refusal to meet workers’ demands for paid sick leave in the industry during the contract negotiations that concluded with the federal government imposing a contract on a majority of rail workers.

“The truth of the matter is, that if we had any justice in this country, we wouldn’t have to make that demand because this country would do what virtually every other major country on Earth does and guarantee paid family and medical leave.”

He also told workers that PSR will be in Congress’s crosshairs:

“You guys now have to do more with less. That’s their ideology — how do we work people to the bone so we can make $20 million a year? And that is why we have to put an end to Precision Scheduled Railroading,” Sanders said. “We’re going to bring not only the rail unions together, we’re going to bring the workers together to bring the justice that is long overdue.”

The D.C. rally was streamed live by the Rails, Tails and Trails podcast.

The rallies coincided with a hearing led by the Surface Transportation Board to examine Union Pacific’s service performance failures that have harmed the supply chain and preceded the public hearing before the Federal Railroad Administration regarding the Notice of Proposed Rulemaking (NPRM) regarding two-person freight crews.


Colorado

Members of SMART-TD rally at the overpass above BNSF’s Denver roundhouse and yards Dec. 13. (Photo courtesy Colorado SLD Carl Smith.)
Union members mobilize before their rally.
Members hold a banner at their rally Dec. 13.


Illinois

Members rally in the rain in Galesburg, Ill.

TSPR coverage of the event
WQAD


Michigan

Workers and supporters at a rally in Royal Oak, Mich.

WXYZ coverage


Minnesota

Northern News Now

Duluth News Tribune


Nevada

Nevada Globe

This is Reno

2 News


New Mexico


Ohio

Labor supporters rallied outside the Ohio statehouse on Dec. 13.

Wyoming

People turning out in Cheyenne in 15-degree temperatures with 25+mph winds and a -22-degree wind chill. “Huge shout out to Tammy Johnson, Wyoming AFL-CIO Executive Secretary, who helped me and did so much of the organizing,” said Wyoming SLD April Ford.

K2 Radio

More than five dozen Democratic members of the U.S. Senate and the House sent a letter to President Joe Biden advocating that the government guaranteed paid sick leave for freight rail workers.

“It is literally beyond belief that rail workers are not guaranteed this basic and fundamental human right. Therefore, we urge you and your administration to do everything within your authority to guarantee rail workers the seven paid sick days that they desperately need through executive action.,” the letter stated.

“Through Executive Order, agency rulemaking, and any other applicable authority, we ask that you take quick and decisive action to guarantee these workers paid sick leave.”

The release of the letter comes before a Dec. 13 rally scheduled to take place on Capitol Hill organized by SMART-TD and other rail-labor organizations in the wake of federal imposition of a National Rail Agreement on Dec. 2 that was rejected by SMART-TD operating crafts.

Read the letter below.

The AFL-CIO Transportation Trades Department (TTD), of which the SMART-TD and -MD are members, released the following statement on behalf of rail unions regarding next steps in our push forward on reforms to a freight rail industry that is failing its workers and the American people:

“Across this nation, the American people have been awakened to the importance of freight rail workers to the national supply chain and our economy. More importantly, they have learned that the workers who are single-handedly responsible for the success of this industry have been mistreated while they’ve held these companies together through a pandemic and a historic supply chain crisis.

While rail unions successfully secured historic pay increases and other benefits for their workers with the support of President Biden, the railroads and their bought and paid-for allies in Congress refused to meet our demands for the basic human right of paid sick leave in bargaining. However, it should be made clear that the lack of paid sick leave is merely a symptom; so-called “Precision Scheduled Railroading” (PSR) and its cut-to-the-bone business model is the virus plaguing the rail industry and America’s freight commerce network. This virus exists for one reason, and one reason alone: corporate greed.

Let us be clear. The fight to guarantee paid sick leave for rail workers is not over and we will not back down until we win. We are committed to aggressively pursuing further action by both parties in Congress and the President, including the strategic use of legislation and Administration action, such as federal regulations and oversight, that will once and for all hold the rail industry accountable.

We stand united with workers and are grateful to the American people who have heard our call: in one of the most profitable industries in the richest country in the world, there is no excuse for rail workers to go another day without immediate action to correct this glaring injustice. But we must also remain focused on the underlying problems that remain for workers and the industry, which cannot be solved through paid sick leave policies alone.

The American people should know that while this round of collective bargaining is over, the underlying issues facing the workforce and rail customers remain. Over the last seven years, the freight railroad industry has moved to a business model that has cut their workforces to the bone, devastated worker morale by creating unsustainable working conditions across the industry, and put the safety of their workers and the American public at risk. This business model, which the industry termed “Precision Scheduled Railroading” (PSR), is not meant to improve service or reduce costs for shippers and consumers. Instead, it is meant to squeeze, with precision, every last penny of profit out of their operations for the benefit of a handful of ultra-wealthy investors who have contributed nothing themselves to the success of this industry.

Prior to PSR, if an employee needed to call in sick, they were nearly always allowed to “mark off,” and would be replaced by the next person on the roster. However, after cutting 30% of the workforce, there are no backups, and in an effort to keep trains moving, the rail industry needed a “stick” to keep employees in line. Management dusted off their rulebooks and decided to begin disciplining employees for missing work – a right they always retained but never used. If railroad workers spoke up, they risked being targeted. And in an era of mass furloughs, railroaders were rightfully worried that tomorrow would bring a pink slip.

The need for paid sick leave is only greater in this environment of strict discipline enforced by ruthless managers that were told to cut costs by any means. To most railroad managers, the solution was to furlough all possible employees, and rule over those remaining with an iron fist. Forced overtime went from being rare to a routine, multi-day occurrence. In fact, fatigue is now one the most dangerous issues facing employees. That is why the rail industry fought tooth and nail to deny paid sick leave to workers. They know that they cannot sustain their unsafe, greed-driven business model without putting the health and safety of workers on the line. In other words, denying workers sick leave isn’t an oversight but rather a core, intentional feature of the freight railroads’ business model.

In April, the railroads were called before the Surface Transportation Board (STB) for a three-day hearing on “Urgent Issues in Freight Rail Service.” The railroads were scolded not just by the STB and rail unions, but by rail customers across the spectrum. From grain shippers to chemical distributors, every witness pinpointed the same issue: that poor rail service is the result of years of irresponsible cost-cutting and the hostile work environment for remaining employees. And despite their public scolding and promises to make improvements, all of these metrics have continued to decline. Six months later, staffing levels are even lower than before, and freight embargoes of shippers are higher than ever.

And it is not just rail workers who are suffering. The freight railroads have created an economic crisis for all Americans by failing to meet the service needs of their customers. They have shamelessly crippled our supply chain, driving up prices for consumers on our most essential goods. What’s more, by forcing sick or fatigued workers to perform their jobs, they are knowingly risking public safety in our communities every single day. All of this for the sake of eking out a few extra dollars to further pad the pockets of their CEOs and Wall Street.

We will share our concerns about the freight rail industry’s behavior in greater detail before the Surface Transportation Board’s public hearing next Tuesday, Dec. 13, regarding Union Pacific’s refusal to accept goods for shipment because they’ve undermined their own capacity to ship them. We also applaud the Federal Railroad Administration for holding a public hearing next Wednesday, Dec. 14, on train crew size safety requirements, which is a fundamental safety issue and another example of the railroads willingly jeopardizing the welfare of their workers and safety to fuel more profits.

Ahead of these public hearings, rail workers will rally in front of the US Capitol on Tuesday, 12/13 from 1 to 3 p.m. to highlight the need to address all of these issues within the freight rail industry. Additional details will follow.

The wins for rail workers that resulted from a Presidential Emergency Board appointed by President Biden with further improvements facilitated by the Biden Administration are indeed historic. They include a 24% pay raise with back pay, which is the biggest wage increase in 45 years; a $5,000 bonus for every worker; an increase in travel disbursements for maintenance of way workers; no increase in health insurance copays or deductibles; no changes to two-person crew staffing; and more.

But rail workers, the unions who fight for them, and our partners in government must work together to hold this industry accountable for their actions and reconcile the long-term consequences of their greed. By prioritizing profits over people, they have failed workers, customers, and consumers. We need a freight rail system that works for the entire country. It is time for a reckoning.”

American Train Dispatchers Association (ATDA)

Brotherhood of Locomotive Engineers and Trainmen-IBT (BLET)

Brotherhood of Maintenance of Way Employes Division-IBT (BMWED)

Brotherhood of Railroad Signalmen (BRS)

International Association of Machinists and Aerospace Workers (IAM) District 19

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB)

International Brotherhood of Electrical Workers (IBEW)

National Conference of Firemen and Oilers, SEIU (NCFO, SEIU)

International Association of Sheet Metal, Air, Rail and Transportation Workers Railroad, Mechanical and Engineering Department (SMART MD)

International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division (SMART TD)

Transportation Trades Department, AFL-CIO (TTD)

Transport Workers Union of America (TWU)

As prescribed by the Commerce Clause of the U.S. Constitution, the SMART Transportation Division acknowledges the ability of Congress to legally impose the Tentative National Rail Agreement upon the operating-craft employees represented by the SMART-TD. While it is unfortunate that our members were not able to approve the agreement in which they work under, we thank the President, House Speaker, Senate leadership, and Cabinet members for their support at the negotiating table and on the floor of Congress in an attempt to achieve more for our members.

It is extremely disappointing that 43 Senators voted to prioritize the corporate greed of rail carriers and CEOs over the needs and quality-of-life improvements that our members so desperately deserve. Because of Precision Scheduled Railroading, our members are forced to work more hours, have less stability, suffer more stress and receive less rest. The ask for sick leave was not out of preference, but rather out of necessity. No American worker should ever have to face the decision of going to work sick, fatigued or mentally unwell versus getting disciplined or being fired by their employer, yet that is exactly what is happening every single day on this nation’s largest freight railroads.

The Senators who opposed the measure all have paid sick days, as do their staff. Apparently, they believe the nation’s rail workers are “essential” to the American economy and supply chain, but not essential enough to deserve the same protection as them when becoming ill. By voting against that measure, these Senators made no illusions that they side with the decision that is most economically beneficial to their deep-pocketed corporate donors.

Our efforts to improve the lives of our membership will continue during future negotiations, as well as in the regulatory and legislative process. The American rail worker has spoken, as have the American rail shippers. The national freight rail network is broken, and the need for long-term rail reform is clear. Labor and shippers are united on this front. More must be done to reverse the harmful effects of Precision Scheduled Railroading and to right the ship for this nation’s economy and the hard-working members of SMART-TD.

As the largest freight rail operating union in the United States, the SMART Transportation Division rejects the notion that any extension of the status quo cooling-off period would have a benefit to alleviating the current contract impasse.

The intransigence of the railroad carriers over the span of the more than three years of negotiations with all unions involved and to our union in the days since SMART-TD’s announcement of its voting results will not change with an extension.

Any consideration by Congress to the contrary would only further exacerbate the harm that has been done to our members, rail shippers, and the American economy.