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On Tuesday, January 25, 2022, the U.S. District Court for the Northern District of Texas issued a Temporary Restraining Order (TRO) prohibiting both BLET and SMART-TD from authorizing, encouraging, permitting, calling, or otherwise engaging in any strikes, work stoppages, picketing, slowdowns, sickouts, or other self-help against BNSF or its operating rail subsidiaries over any dispute relating to BNSF’s new Hi Viz attendance policy and the standards in the policy. A copy of the Court’s Order is attached to this Notice.

Pursuant to the Court’s Order, SMART-TD is hereby instructing all of its members employed by BNSF that they must NOT engage in any self-help against the railroad. This means that members must NOT engage in any strikes, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad in response to BNSF’s Hi Viz attendance policy.

Further, pursuant to the Court’s Order, SMART-TD is notifying and instructing all members who are now or who may in the future engage in any strike, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad to immediately cease and desist all such activity and to immediately cease and desist all exhortations or communications encouraging same upon pain of fine, suspension, or other sanction by SMART-TD. This means that any member who continues to encourage other employees on social media, or in any other forum, to engage in a strike, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad MUST immediately stop doing so. Members who continue to do so risk fine, suspension, or other sanction by SMART-TD.

Further, pursuant to the Court’s Order, this Notice and Instructions is being posted on SMART-TD bulletin boards at all BNSF locations where such bulletin boards exist and is also posted on SMART-TD’s website.

Your Union will continue to challenge BNSF’s Hi Viz policy in court and will seek to have the Court’s Order lifted. However, so long as the Order remains in place, all SMART-TD members must comply. We are a nation of laws and will abide by those laws, and we expect each and every one of our members to do the same.

Jan. 25, 2022 notice to BNSF employees and court order. (PDF)

The Coordinated Bargaining Coalition (CBC) released the following statement on January 24, 2022:

After more than two years of bargaining with the major U.S. Class 1 railroads, discussions completely stalled last week. Accordingly, pursuant to the terms and conditions of the Railway Labor Act, top leaders of 10 rail unions applied to the National Mediation Board (NMB) for the assignment of a federal mediator to assist in our negotiations.

The Carriers represented by the National Carriers’ Conference Committee (NCCC) simply are not bargaining in good faith. This development is very frustrating, as the Unions in the Coordinated Bargaining Coalition have been at the negotiating table since November 2019. Throughout that time, despite our best efforts, the carriers have not made a comprehensive settlement proposal that we believe our members would even remotely entertain. In fact, the Carriers’ latest proposal is worse than bad faith; it is insulting.

After carrying our nation through the pandemic, and as the carriers have posted record-breaking profit margins due to their implementation of so-called “Precision Scheduled Railroading” practices, our members have earned, and rightfully expect, a substantial contract settlement that recognizes the sacrifices they and their families make each day. Instead, the Carriers continue to push proposals that fail to even catch up to the cost of living. From the beginning of this round of negotiations, the CBC has adamantly refused to accept any type of concessionary agreement. Instead, the railroads continue to demand extreme changes to our members’ current benefits and attempt to unilaterally impose work rule changes that would further erode our members’ already-taxed standard of living.

We anticipate that the involvement of the NMB will cause the industry to refocus on addressing the legitimate needs of the men and women whose labor generates their positive financial returns. In an effort to bring all affected members up to speed, the CBC’s latest proposal can be found at:

CBC bargaining proposal (SMART-TD)

Additional information will be provided as developments warrant. We appreciate your continuing support, and we look forward to working with the NMB to reach a settlement that we can be proud of.

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The unions comprising the Coordinated Bargaining Coalition are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD).
Collectively, the CBC unions represent more than 105,000 railroad workers covered by the various organizations’ national agreements, and comprise over 80% of the workforce who will be impacted by this round of negotiations.

Read this release in PDF form.

The Transportation Division Local Support Department plans a three-day training session for local treasurers in Cleveland from March 8 – 10, 2022.

Workshops will run 9 a.m. to 5 or 6 p.m. all three days. The sessions will help local treasurers hone their skills with TD Connect along with the electronic billing system and WinStabs. Additional topics may include maintaining payroll deductions, making proper disbursements, budgeting, record keeping, paying taxes and filing reports with authorities.

Attendance is limited to 25 registrants. Spaces will be filled on a first-come basis. Please register for the workshop here.

The sessions will include all training and materials at no cost to the local. However, the local is responsible for all other costs associated with the treasurer’s attendance at the workshop. Lost time or salary, travel, hotel and meal expenses connected with attendance may be reimbursed if pre-approved by the membership at the local meeting as an allowable expense of the local.

Training will take place in Hope Ballroom A, 3rd Floor of the Hilton — Cleveland Downtown, 100 Lakeside Ave. East, in Cleveland.

More information is available in this PDF.

U.S. Transportation Secretary Pete Buttigieg announced in a news release Jan. 19 that Robin Hutcheson will become deputy administrator of the Federal Motor Carrier Safety Administration (FMCSA) and serve as acting administrator.

Hutcheson has served as deputy assistant secretary for safety policy for the U.S. Department of Transportation in the Biden-Harris administration and had a role in the development of the Infrastructure Investment and Jobs Act (IIJA).

Prior to being appointed to the Biden-Harris Administration, she was the Director of Public Works for the City of Minneapolis overseeing a team of 1,100 people across nine divisions including drinking water, surface waters and sewers, solid waste and recycling, fleet management, and all transportation functions.

Prior to her appointment in Minneapolis, she served as the Transportation Director for Salt Lake City, UT, working to improve all modes of transportation. Robin also has served as a consultant specializing in transportation and transit and has worked throughout the western United States, in London and France, and for the European Union Commission on Sustainability.

Robin served for seven years on the Board of Directors for the National Association of City Transportation Officials (NACTO), most recently serving as its President.

Hutcheson succeeds Meera Joshi, who departed for a city administration role in New York City.

FMCSA was established in January 2000. Formerly a part of the Federal Highway Administration, its primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

Save the date for the TD annual meeting!

SMART Transportation Division is pleased to announce that plans are underway to resume the TD Annual Meetings after a two-year pandemic disruption.

The meeting is scheduled to take place Aug. 8 through 10, 2022, at the San Francisco Hilton Union Square, 333 O’Farrell St., San Francisco, CA 94102. It’s a great opportunity to take part in informative in-person workshops and build camaraderie with fellow union brothers and sisters over the three-day meeting.

Details regarding costs, registration and schedule will be communicated as they are finalized and will be posted on the union website.

Former Vice President Donald Carver, who led the United Transportation Union Yardmasters Department from 1987 until his retirement in 2003, passed away January 11, 2022, one day prior to his 79th birthday, his family announced.

Carver

Brother Carver had a 41-year career on the railroad that began when he hired out in April 1962 as a switchman on the Louisville & Nashville Railroad. He joined UTU predecessor union the Brotherhood of Railroad Trainmen (BRT) in May 1962 before becoming a yardmaster and an officer in the Railroad Yardmasters of America (RYA), rising to general chairperson and a national vice president in the 1970s in that union before its merger with UTU.

In 1987, Carver was elected UTU assistant to the president/yardmasters and he served in that capacity before being elevated to vice president in 2003. In total, 29 of Carver’s 41 years were as a union officer.

The late Jim “J.R.” Cumby, Brother Carver’s immediate successor in leading the Yardmasters Department, wrote a tribute to Carver in an issue of the UTU News published after Carver’s retirement in September 2003:

“Don was an indefatigable road warrior. When the carriers raised the qualifying days worked to seven for carrier-paid insurance, Don went to bat for our part-time officers. With assistance from the negotiating committee, Don ensured all our part-time officers working on the railroad at least one day per month retained carrier-paid insurance benefits,” Cumby wrote in the November 2003 UTU News.

Carver left “some mighty big shoes” to fill in representing the union’s members, Cumby wrote.

Carver’s role with the union hadn’t closed quite yet. In 2004, he served on a blue-ribbon committee to shape union technological efforts for the union as it headed into the 21st century.

After announcing his retirement, Brother Carver closed his final farewell column to the membership with a traditional Irish blessing:

“May the road rise up to meet you, May the wind be always at your back, May the sun shine warm upon your face, And the rain fall soft upon your fields. And until we meet again, may God hold you in the palm of His hand.”

He is survived by his wife of 59 years, Dianna Mae, and two children, the Rev. Dr. Richard Carver Jr. (Stephanie) and Marla Sanders (Chris); five grandchildren; three great-grandchildren; and his brother, David. He was preceded in death by his parents, Rev. Dr. Edward and Alene Carver, and his sister Beth Ostercamp.

A celebration of Brother Carver’s life will take place 12:30 p.m. Monday, Jan. 17, 2022, at Schoppenhorst Underwood & Brooks Funeral Home, 123 Winning Colors Dr., Mt. Washington, Ky. Interment will follow at Bethany Memorial Cemetery, 10917 Dixie Hwy., Louisville.

The SMART Transportation Division offers its sincere condolences to the Carver family, his friends and the union brothers and sisters who knew him.

Click here read Carver’s full obituary or to leave condolences.

CLEVELAND, Ohio, (January 13, 2022) — Yesterday, members of the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation union (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) who work for the BNSF Railway initiated steps to go on strike following the railroad’s announcement of its so-called “Hi-Viz” attendance policy, which SMART-TD President Jeremy Ferguson and BLET National President Dennis Pierce called “the worst and most egregious attendance policy ever adopted by any rail carrier.”

Presidents Ferguson and Pierce said the impending policy, which BNSF plans to implement on February 1, repudiates numerous collectively bargained agreements currently in place throughout the BNSF system. It is so restrictive that employees would be penalized for missing work to attend the funeral of an immediate family member.

“This unprecedented BNSF policy repudiates direct and clear contract language and, in application, will attempt to force our members to report for duty without regard for their medical condition as we struggle to come out of a pandemic,” the presidents said. “It also stands to take away any ability by our members to avoid working fatigued when they are routinely called without warning due to the complete lack of reliable train lineups, thus creating the potential for an even more unsafe railroad operation. So-called ‘forced overtime’ in an industry where safety is so critical not only repudiates our agreements, it stands to enact irreparable harm on hundreds of full-time employees whose non-workplace obligations prevent them from being at work every day of their life.”

BNSF’s new Hi-Viz policy is a points-based system which penalizes employees — who in many cases have no assigned days off — any time they take time off work for practically any reason. In a FAQ that BNSF sent out to its employees, the carrier claimed that they “must improve crew availability to remain competitive in the industry” and that their revised Hi-Viz program helps with this issue “by incentivizing consistent and reliable attendance.” BNSF goes on to claim that a reduction in absenteeism will improve predictability of work assignments. However, the affected employees and their unions have made clear that they view BNSF’s approach to this issue as a juxtaposition. That is: if the carrier instead focused its efforts on predictable scheduling of assignments and competent management of its furloughed employees, there would be no need to impose such draconian attendance policies.

“Our members have simply had enough of the treatment they are enduring from the BNSF Railway,” President Ferguson and President Pierce said. “The Company’s half-baked attempt to characterize this policy as an ‘improvement’ and an ‘incentive’ is nothing short of disingenuous, and outright insulting. Although BNSF will not admit it, it has implemented so-called Precision Scheduled Railroading and is attempting to do more with less by intimidating our members, under threat of discipline and/or termination, into working additional shifts while they continue to furlough junior employees. Our members have worked tirelessly to keep goods moving during a global pandemic, but the railroad is once again placing monetary profits over people to appease shareholders and Wall Street. Our membership is tired, frustrated and fed up with the treatment they continue to receive. As is the growing trend among all major rail carriers, the working conditions at BNSF have deteriorated to the point that there are many tenured employees leaving the railroad industry because they can no longer tolerate the treatment that they must endure on a daily basis. This new attendance policy may be the tipping point for what may be the ‘great railroad resignation.’”

On January 12, President Ferguson and President Pierce gave permission to their organizations’ respective BNSF General Committees of Adjustment to begin polling their membership regarding a withdrawal from service over this major dispute. Under the SMART Constitution, the union’s leadership may authorize a strike after the affected General Chairpersons obtain two-thirds majority approval from the Local Chairpersons under their jurisdiction. Under BLET internal law, a majority of the membership at any given railroad, or their Local Chairmen, must vote in favor of a strike and the National President and the General Chairmen must approve the date for any withdrawal from service.

Collectively, the unions represent more than 17,000 active members at the BNSF.

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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.

Amit Bose, who has been serving the Biden administration as acting administrator of the Federal Railroad Administration (FRA) since February 2021, was confirmed Jan. 12 by the U.S. Senate to become full administrator. This was a bipartisan vote, 68-29.

FRA Administrator Amit Bose

Bose’s nomination by President Joe Biden had been put on hold by Republican U.S. Sen. Rick Scott of Florida after it had cleared the U.S. Senate’s Commerce, Science and Transportation Committee on Oct. 20, 2021.

“We are pleased and excited to continue our collaboration with Administrator Bose and the FRA as we press ahead on important safety issues such as regulating freight crew size,” SMART Transportation Division President Jeremy Ferguson said. “Our National Legislative Department and other members of our legislative team have had numerous conversations with Administrator Bose while serving in an acting capacity. We look to build upon the positive relationship that’s been established and on the progress that has been made already, and we congratulate him on his overdue confirmation.”

From left, SMART Transportation Division Minnesota State Legislative Director Nick Katich, Michigan SLD Don Roach, Amtrak employee Stefan Schweitzer, then-FRA Deputy Administrator Amit Bose, TD Local 168 (Chicago, Ill.) member Keisha Hamb-Grover and Illinois State Legislative Director Bob Guy stand at Chicago’s Union Station on Oct. 13. Bose was confirmed Jan. 12 as full administrator of the FRA.

During his tenure, Bose already has shown that rail labor’s input will be sought, rather than disregarded by FRA. Under the Biden administration, FRA has publicly announced that it plans to reopen the Notice of Proposed Rulemaking (NPRM) regarding the regulation of a minimum freight crew size.

Bose was a guest during the October call of SMART-TD state legislative directors and made it clear that the agency will prioritize cooperative efforts between labor and the federal government such as the Confidential Close Call Reporting System (C3RS), the newly rechartered Rail Safety Advisory Committee (RSAC) and Fatality Analysis of Maintenance-of-way Employees and Signalmen group.

“The lines of communication between labor and FRA have been open ever since his nomination,” National Legislative Director Gregory Hynes said. “We’ve had productive dialogue from the start with Administrator Bose — rail safety is back on the table.”

Bose has years of experience serving in the public sector. He has served two stints as FRA deputy administrator, and has served as FRA chief counsel, USDOT associate general counsel and USDOT deputy assistant secretary for governmental affairs including with former Federal Railroad Administrator and SMART-TD Illinois State Legislative Director Joe Szabo of Local 1290 (Chicago).

In addition to living along the Northeast Corridor in West Windsor, N.J., and working for New Jersey Transit, Bose helped establish and later served on the Northeast Corridor Commission. He also participated in structuring the commission’s cost allocation policy, helped the U.S. Department of Transportation (USDOT) deliver a $2.5 billion Railroad Rehabilitation and Infrastructure Financing (RRIF) loan to Amtrak for its next generation of Acela rail cars, and worked on the environmental review of a number of projects.

SMART Transportation Division Bus Department Vice President Calvin Studivant and New Jersey State Legislative Director Ron Sabol spent a significant time brainstorming ways to protect members in Sabol’s state last year.

The ongoing coronavirus pandemic had added even more potential risk to our members working on New Jersey Transit (NJT) and other carriers. Beyond their daily duties of keeping things moving, the need for workers to enforce COVID safety measures increased the potential for conflict and violent incidents with dangerous outcomes for workers, riders and even the public.

Two assaults on NJT workers drew headlines through the autumn. A union tracking violence against NJT workers reported more than 130 instances of workers being attacked. Something needed to be done.

In response, Studivant and Sabol, in conjunction with SMART-TD legislative and legal leadership, developed and presented what became the Motorbus and Passenger Rail Service Employee Violence Prevention Act.

On Jan. 10, that legislation was signed into law by Gov. Phil Murphy.

“I’m very proud of what this law accomplishes in protecting transportation workers in our state,” Sabol said. “It took the help of many people on both our side, including National Legislative Director Greg Hynes and TD Designated Legal Counsel Safety Coordinator Larry Mann, the persistence of other labor organizations, and a receptive, bipartisan group of legislators to get this done.”

Assemblyman Daniel R. Benson (D-Dist. 14) and state Sen. Patrick J. Diegnan Jr. (D-Dist. 18) were the driving forces behind the versions of the Motorbus and Passenger Rail Service Employee Violence Prevention Act that ran concurrently in rapid fashion through both chambers of the New Jersey Legislature. On the Republican side, State Sen. Robert R. Singer (R-Dist. 30) also championed the bill that gained massive support from both parties in the Senate.

The Senate version, S-4071, passed unanimously Dec. 20 on a 39-0 vote. The Assembly version, A-6013, passed unanimously with a 76-0 vote the same day.

“We cannot thank Assemblyman Benson enough for his diligence and his amazing effort in putting in the time to make this legislation succeed,” Sabol said after the bill’s signing. “He spent hours engaging fellow legislators with in-depth discussions as he proposed and helped to advance the legislation. The same goes again with state Sens. Diegnan and Singer, who were instrumental in initiating and retaining the overwhelming bipartisan support the law gained, and, of course, Gov. Murphy.”

The Motorbus and Passenger Rail Service Employee Violence Prevention Act upgrades the penalty for all assaults on a motorbus or autobus operator, the operator’s supervisor and a rail passenger employee. It also empowers NJT, motorbus companies and all rail passenger service providers to ban riders from their transportation services for up to one year if the person commits an assault on a motorbus operator, the operator’s supervisor or a rail passenger employee.

If a deadly weapon was used during the assault, the rider may be banned for life.

“Transportation workers are far too often subjected to vicious attacks by irate passengers for simply doing their jobs,” said Benson, who serves as chairperson of the Assembly Transportation and Independent Authorities Committee. “Our bus and rail employees must be protected as they fulfill their critical duties on behalf of the hundreds of thousands of commuters in our state.”

“This bill, while long overdue, is right on time,” Vice President Studivant said. “The collaborative efforts to secure this piece of legislation is a testament to the men and women who face adverse conditions on a daily basis for simply doing their jobs of moving the people of N.J.”

“Congratulations to Vice President Studivant, SLD Sabol and the New Jersey State Legislative Board for their outstanding work, and thanks to Larry Mann for his guidance in this victory,” National Legislative Director Greg Hynes said. “This legislation could be a great blueprint for other states to follow suit.”

Of note, Gov. Murphy also signed S.771, a second piece of legislation expanding workers’ compensation coverage to include injuries that occurs in employer parking lots. Both SMART-TD and the New Jersey Council of Safety and Health (COSH) supported the bill.