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On Friday, April 1, the SMART Transportation Division sought Surface Transportation Board Administrator Martin Oberman’s intervention in ending the precision scheduled railroading (PSR) onslaught that has caused continual havoc in the United States’ supply chain and gutted the rail workforce.

SMART-TD President Jeremy Ferguson detailed the anti-worker attendance policies implemented by the nation’s largest freight rail carriers while echoing concerns expressed March 24 by the head of the National Grain and Feed Association (NGFA), a group representing more than 8,000 facilities and firms that provide goods and services to the nation’s grain, feed, and processing industries.

“We believe intervention from the STB is critically warranted and necessary to right the ship,” Ferguson wrote. “Simply put, the railroads cannot sustain the same level of production they had to prior to the advent of PSR given the number of drastic cuts they’ve made across their systems.”

Railroads have cut thousands of workers since the onset of PSR in 2017, placed thousands of locomotives in storage and have been running longer and slower trains to drive down their operating ratios (OR). NGFA President Mike Seyfert said this has led to “significant service disruptions,” for its represented companies served by BNSF, Union Pacific and Norfolk Southern, in particular.

“The service issues that our member companies are raising indicate that the problem is a network problem affecting entire regions of the country,” Seyfert said. “NGFA members have done as much as possible to keep animals fed, but the ability to stretch resources is exhausted.”

Rail carriers such as the Warren Buffett-owned BNSF, the Union Pacific and Norfolk Southern enjoyed record profits in 2021, even as rail traffic and carloads fell short of previous high marks. A main source of this revenue has been through tens of thousands of workforce cuts implemented well before and during the COVID-19 pandemic. With the service difficulties reported by NGFA, rail carriers have been doing less with less and reaping higher rewards at the expense of customers and workers.

“Not only has morale dropped to an all-time low, but employees are leaving the industry in unprecedented numbers,” Ferguson wrote to Oberman. “The freight rail network is at a breaking point. It cannot sustain any more reductions. Substantial changes must be made and they must be made quickly.”

According to union-collected data, Ferguson wrote, more than 500 employees have quit the industry since BNSF implemented a points-based policy Feb. 1. The “Hi-Viz” policy requires workers to be available to work 29 out of 30 days a month in order to avoid punitive deductions on their attendance records that eventually would lead to suspension and dismissal.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

Class I railroad carriers BNSF and NS declared an impasse this week in the mandatory bargaining over crew size under Section 6 of the Railway Labor Act (RLA). In declaring an impasse, the two railroads, represented by the National Railway Labor Conference (NRLC), seek federal mediation as required by the RLA. Union Pacific Railroad is not seeking mediation at this time.

Beginning in October 2019, most Class I carriers served notice under Section 6 of the RLA to force the SMART Transportation Division to bargain over crew size. Today crew size is determined by collective bargaining agreements implemented by Presidential Emergency Board 219 under then-President George H.W. Bush.

SMART-TD and the involved General Committees intend to continue to demonstrate the significant problems with the carriers’ plans and the current technology that carriers believe allows for a redeployment of conductors to ground-based positions.

SMART-TD General Committees and union leadership will continue to fight to protect the jobs of today as well as the jobs of the future and to ensure protection for SMART-TD members.

In the current episode of Talking SMART, we sit down with SMART TD President Jeremy Ferguson to talk about a subject that is foremost on the minds of many members. In February 2022, BNSF arbitrarily changed its attendance policy and took advantage of a pro-management judge to force (as of now… this episode was recorded in early March), a draconian “Hi-Viz” attendance policy upon the very members who have kept the company operational through the pandemic – and who earned BNSF record profits in 2021. President Ferguson also provides an update on contract negotiations with the national rail carriers.

The BNSF “Hi-Viz” attendance policy drew the attention of the U.K.-based Guardian media organization March 14.

“We feel stabbed in the back, completely demoralized with the work we did through the pandemic, understanding the situation, going the extra mile, and doing what we’re asked to do, and then some without complaint,” an engineer for the Class I carrier told Guardian reporter Michael Sainato about the punitive points-based policy, described in the article as “arcane.”

Transportation Trades Department, AFL-CIO President Greg Regan also was quoted in the article as well:

“This is a policy that, frankly, is just blind to the moment,” he said.

SMART Transportation Division and the Brotherhood of Locomotive Engineers and Trainmen (BLET) are both members of the AFL-CIO TTD.

BNSF earned record profits last year and implemented the Hi-Viz policy on Feb. 1.

Read the full article.

New Jersey State Legislative Director Ron Sabol received a big honor March 2 after being elected to lead the influential New Jersey Society for Environmental, Economic Development (NJ SEED) coalition by the group’s trustees and members.

SMART Transportation Division State Legislative Director Ron Sabol was named president of the NJ SEED coalition March 2.

N.J. Sen. Patrick J. Diegnan Jr., chairman of the Senate Transportation Committee who has collaborated with Sabol on a number of legislative initiatives, swore him in. Sabol succeeds James Benton, who presided over the group during the majority of the COVID-19 pandemic, as president of the group.

“Ron is the quintessence of how to get things done. It’s not only about being smart, it’s not only about listening to people, it’s about trust,” Diegnan said. “You could not have a better leader.”

NJ SEED has been in existence for more than 35 years and consists of a diverse coalition of energy providers, environmental consultants, telecommunications firms, residential and commercial development interests, insurance firms, educators, police and firefighters, food manufacturers and retailers, water utilities, chemical industries, pharmaceutical companies and health care advocates. Its purpose is to balance the needs of unionized labor and the business community while being keenly in tune with environmental concerns.

“You can count on me to carry the NJ SEED message, your message, in the work that I do and to the people that I meet,” Sabol said. “I believe in NJ SEED and what we will all accomplish together.”

A main focus of the coalition going forward will be working with New Jersey elected leaders as the state works to effectively allocate federal funds from the Bipartisan Infrastructure Law (formerly the Infrastructure Investment and Jobs Act).

“Ron Sabol is an excellent choice to lead NJ SEED. In his role at SMART, he leads a broad and diverse coalition. He knows how to get people from different backgrounds to work together, which will be crucial to the continued success of NJ SEED,” the New Jersey AFL-CIO said in a statement. “We congratulate Ron on his election and look forward to working with him in his new role.”

Sabol, a member of our union since April 2000, has been president of Local 1447 (Newark, N.J.) since 2005 and became state legislative director in 2016.

“This is a great responsibility and SEED’s influence has been resurging in recent years,” Sabol said. “We are going to be in the middle of a lot of action with the federal money that’s going to be coming into New Jersey and have the chance to set the stage for beneficial and transformative change now and well into the future.”

SMART Transportation Division congratulates Brother Sabol on his new position of leadership!

FRA is seeking a hazardous materials railroad safety inspector to be based out of Baton Rouge, La.

The position requires that the candidate:

  • Plans and carries out periodic inspections at rail hazardous materials shipper/consignee locations including oil & gas refineries/fractionation plants, chemical and explosives manufacturers, rail intermodal terminals/van yards, freight forwarders, import/export agents and tank car manufacturing and repair facilities within their district and neighboring districts when called upon to conduct team inspections.
  • Inspects railroads for compliance with the hazardous materials regulations and assists in training railroad personnel to enhance compliance with federal regulations.
  • Conducts railroad accident investigations including train and/or railcar collisions, reportable derailments, Non-Accidental Releases (NAR) of hazardous materials, or other accidents/incidents resulting in serious injury to person(s) or to the property of a railroad occurring on the line of any common carrier engaged in interstate transportation.
  • Conducts in-depth Hazardous Materials Incident Investigations (HMII) to determine the root cause of an incident and the corrective and preventative actions that will prevent recurrence.

For more information, including job qualifications and other requirements, visit the job posting on the USAjobs.gov website.

Available jobs at FRA are listed here.

Applications for all FRA positions should be emailed to frajobs@dot.gov

An NBC News report released March 7 detailed a nonprofit’s analysis that looked into how America’s largest railroads profited during last year’s supply chain crisis in conjunction with the continued enactment of their Precision Scheduled Railroading (PSR) scheme.

Nonprofit group Accountable.US delved into the reasons why — namely that the Class Is collected more than $1.1 billion in demurrage fees thanks to supply-chain bottlenecks. The two largest carriers in the western U.S., BNSF and Union Pacific, also reported record profits in 2021 in their end-of-year earnings reports.

“Before the rail industry’s fees set a record during the pandemic, they had already increased by over 30% since 2000, all while railroads’ costs have only increased by 3%,” the Accountable.US report stated. “Railroads have used market power to cut costs — known as lowering their Operating Ratios — spending about $46 billion more on shareholder handouts than on maintenance and equipment since 2010.”

In addition to diving in on the details of the stock buybacks and other components of PSR, the Accountable.US analysis also went into additional details about the extent of the railroads’ lobbying efforts — all told, Class Is spent a combined total of $15.5 million to influence policy on Capitol Hill.

SMART Transportation Division New Jersey State Legislative Board Vice Chairperson Joseph Williams in early March presented a proclamation from SMART Transportation Division President Jeremy R. Ferguson, National Legislative Director Gregory Hynes and N.J. State Legislative Director Ron Sabol recognizing the efforts of Assemblyman Dan Benson in protecting our members.

Benson serves as the chair of the state General Assembly’s Transportation and Independent Authorities Committee and was instrumental in the passage and the Jan. 10 signing into law of the Motorbus and Passenger Rail Service Employee Violence Prevention Act that strengthens penalties for assaults on a motorbus or autobus operator, the operator’s supervisor or passenger rail employees.

Williams, a longtime New Jersey Transit engineer out of Local 800, who also had the honor of introducing President Joe Biden during an appearance in the state last autumn, presented the proclamation to Benson, which read, in part:

“… the New Jersey State Legislative Board of the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers on behalf of its members: 

1. recognizes Assemblyman Benson’s support and his tireless contributions to the safety and well-being of transportation workers as a trusted and admirable ally to organized labor and specifically to SMART-TD and its members; 

2. expresses its sincere appreciation and gratitude for Assemblyman Benson’s contributions, past and present, and offers the union’s continued support as we continue to cooperatively collaborate to improve the Garden State in the future.”

SLD Sabol emphasized the outstanding work Assemblyman Benson has done in supporting SMART-TD members and working to ensure that they can do their jobs in a safe environment.

“Assemblyman Benson put in long hours when working on the Motorbus and Passenger Rail Service Employee Violence Prevention Act, turning the bill around and building support for it in a matter of weeks,” Sabol said. “All that work paid off and led to a great success. His efforts will result in a safer environment for our members, where perpetrators of violence upon transportation workers will be punished.

“We support those who support us, and this proclamation is our way of recognizing his contribution to our membership’s safety. We are proud to know that when we have a concern that Assemblyman Dan Benson is ready and willing to listen and assist — however, whenever and wherever he can. Thank you very much, Assemblyman Benson!”

CLEVELAND, Ohio (March 7, 2022) — In conjunction with the Transportation Trades Department, AFL-CIO (TTD), the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) urge all members to engage in a petition drive to bring attention to the draconian and punitive attendance policies that have forced rail workers to live in constant fatigue.

This effort comes simultaneously with a letter by AFL-CIO TTD President Greg Regan to the federal Departments of Labor and Transportation in support of both unions’ request in late January for an investigation into all rail carrier attendance policies, not just BNSF’s recently imposed “Hi-Viz” policy that has sparked outrage among all affected employees.

The petition is available here.

“We speak with one voice, shoulder-to-shoulder, in saying enough is enough. Congress must act to end these unsafe and life-sapping policies that punish workers with job loss. These severe and excessively harsh policies also penalize families by taking away what precious little time they have with their loved ones, leaving them dead tired and drained,” SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce said. “We thank TTD President Regan as our organizations continue to oppose draconian carrier attendance policies, such as the BNSF ‘Hi-Viz’ policy. These policies are clearly designed to further maximize carrier profits at the workers’ expense. Our unions will work jointly with TTD to raise awareness of these issues; they have gone unchallenged by our legislators and regulatory agencies for much too long.”

A case in point— according to a report in Business Insider published on March 4, five Democratic political leaders want an investigation by the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) into Amazon’s attendance policies, and we have one question for them:

When do railroad workers get their turn?

Warren Buffett, while not as rich as Jeff Bezos, was crowing about BNSF’s record 2021 profits. It just so happens that his railroad, which happens to be the largest in the nation, imposed the draconian and punitive “Hi-Viz” policy that is absolutely in line with what Amazon is doing — points, permanent records and punishment for people if life gets in the way of work. Other Class I railroads have similar attendance policies. All of these need to be examined closely so that all workers receive the stable work-life balance that they DESERVE.

We’ve seen members’ posts on the internet, we have taken the calls and we have read and responded to the emails from our memberships. This is a top priority for SMART Transportation Division and BLET leaders. We need to work together and unite for a positive change instead of directing anger and discontent inward. As we continue to work with our elected leaders for the same help and support, it stands to reason that we will be reminding Senators Elizabeth Warren, Bernie Sanders and Richard Blumenthal as well as Representatives Alexandria Ocasio-Cortez, Cory Booker and Cori Bush that they should push for answers from BNSF and other railroads with the same energy and focus that they are placing on Amazon.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

Local 759 (Paramus, N.J.) President and Legislative Representative Rafael Becerra met with Department of Transportation Secretary Pete Buttigieg, Sen. Tom Carper and Gov. John Carney on Friday, March 4, in Wilmington, Del., as part of an event promoting the Bipartisan Infrastructure Law (BIL), formerly known as the Infrastructure Investment and Jobs Act.

Pictured, from left, U.S. Sen. Tom Carper, Local 759 (Paramus, N.J.) President/Legislative Representative Rafael Becerra, Department of Transportation Secretary Pete Buttigieg and Delaware Gov. John Carney pose for a photo during an event at the DART First State facility in Wilmington, Del., on Friday, March 4.

Brother Becerra, a veteran bus operator for Community Coach based out of New Jersey, frequently travels the main thoroughfares between the states and has been a SMART-TD member since November 1984.

“It was a great honor in meeting Transportation Secretary Buttigieg, Gov. Carney and Sen. Carper,” Becerra said. “The infrastructure law will accomplish a big transformation in our nation — not just the conditions of our roads and bridges — but in how people get around via bus and transit.”

Becerra has been a bus driver for nearly four decades and helped to evacuate people in conjunction with the Jan. 7, 2021, insurrection at the U.S. Capitol in Washington, D.C., and to transport soldiers to defend the area for President Biden’s inauguration. His experience was chronicled in the March/April 2021 SMART-TD News on Page 7.

“All of our bus members here in New Jersey and from coast to coast take extreme pride in doing their job safely day after day,” said New Jersey State Legislative Director Ron Sabol, who also attended the event. “For decades, President Becerra has served as a dependable bus operator, and he’s helping the membership in two roles as an elected officer. I’m very proud of his work and his leadership.”

To receive text messages and the latest alerts regarding the BNSF Hi-Viz policy, please text HiViz to 67336.

Today the judge considering the case between BNSF and the SMART-TD and BLET unions over the carrier’s new “Hi-Viz” attendance policy ruled that the dispute was “minor” under the provisions of the Railway Labor Act (RLA).

What does this mean?

It means that any further action to pursue a strike would be illegal, exposing the unions and their members to serious legal attacks as well as carrier discipline up to and including dismissal. But this is only the first round in our fight against the Hi-Viz policy. In the coming days, the unions will determine if the best course of action is to appeal today’s decision, or to move swiftly to arbitrate the policy before it can be used to terminate any employees. An arbitrator can strike down the policy. If that path is chosen, the unions will move swiftly to make their case there instead of in the courtroom or on the picket lines.

Rest assured that we are all infuriated. One of the largest and richest corporations in America has been given a free pass to continue forcing its employees to work even when they or their families are sick, and when they are fatigued beyond the point of being able to work safely. BNSF is essentially thumbing its nose at the employees who make them billions of dollars in revenue.

SMART-TD and BLET are considering all legal possibilities to continue to challenge BNSF and its anti-worker, anti-family and unsafe attendance policy. In the coming weeks, the unions’ options are:

  • ​Appeal the District Court decision, but delay arbitration of the policy by doing so.
  • Aggressively pursue arbitration to challenge every possible aspect of the “Hi-Viz” policy. This is where the actual impact of the policy will become crucial to the unions’ case.
  • Demand that state and federal lawmakers pass laws which would protect employees from retaliation for laying off for legitimate reasons.
  • Work with federal agencies to end draconian attendance policies on ALL railroad carriers — not just BNSF.
  • Call on Congress to amend the RLA to give rail workers freedom to fight back against the carriers’ abuse.

What can you do?

— Contact your General Chairperson. Your union needs to be able to explain how and why this attendance policy affects real workers. Examples of how this policy could affect you and your family, or how it did affect you after February 1 should be shared with your General Chairperson. These will empower your union to make its best case possible in arbitration.

— Contact your Congresspeople and Senators. Click here to find your members of Congress and demand that they hear the concerns of the rail workers who are the backbone of this nation’s supply chain​ and that they should back the people who do the work rather than the financial overlords who have implemented these draconian policies.

— Sign up for action alerts. Our strength is in our collective voice. Action alerts from your union will send you to petitions to sign, elected officials to email, and social media posts to share. Text HiViz to 67336 for text alerts or click here to sign up for emails. ​We are all angry, but we need to channel that anger into effective and legal action. Both the SMART-TD and the BLET will make sure that members are informed, educated, and empowered, just as rail unions have done in this country for more than a century.

If you have questions, do not hesitate to reach out to your union leadership.

In solidarity,

Jeremy Ferguson and Dennis Pierce
President, SMART-TD and National President, BLET

2022.02.22_BNSF_joint_statementDownload