General Chairperson Adren Crawford of GO-433 (Canadian National — Illinois Central) had the following op-ed column published in the Tennessean on June 26.
To anyone who thinks America’s labor unions aren’t relevant, think again.
In what has become both a sad and challenging time in our history, unions are more important than ever — and with Joe Biden as president, they’ll be stronger.
For example, the United Auto Workers are now part of the healthcare system, with members building life-saving ventilators at Ford and General Motors.
United Food and Commercial Workers are keeping the shelves stocked, ensuring that we can put food on our tables and enjoy meals with our families.
Members of the Service Employees International Union are standing on the front lines in hospitals and clinics.
Sheet Metal, Air, Rail, and Transportation (SMART) union members have worked tirelessly running freight trains to maintain the flow of goods — such as delivering chlorine-based disinfectants for water, enabling e-commerce, transporting food, and other essential products.
The list goes on.
Let’s take stock of this historic moment — and, as we march toward the other side of the COVID crisis, let’s recommit to organized labor.
Simply put: Union workers are our heroes right now.
The fact that they’re well-organized at this critical time allows them to push for the necessary personal protective equipment, safe working conditions, and overtime wages that they need in order to support all of us.
Union workers’ courage stands in stark contrast to the behavior of corporations and anti-labor politicians who have spent decades waging war on organizing and collective bargaining.
The predictable results: Stagnant wages, loss of pensions, and exploitation of workers.
As president, Joe Biden intends to correct these inequities.
He will:
• Check the abuse of corporate power and hold executives accountable.
This means penalizing employers who pretend to bargain with employee unions while sidestepping meaningful agreements with their workers and also ensuring that federal dollars don’t flow to employers who engage in union-busting activities.
• Encourage and incentivize unionization and collective bargaining.
This means extending the right to organize to independent contractors in a fast-growing segment of the economy, enforcing workplace rights for federal employees, and making sure that the National Labor Relations Board does its job in supporting workers.
• Ensure that employees receive the pay, benefits, and protections they deserve.
This means making the minimum wage an actual living wage, directing the Occupational Safety and Health Administration to expand its enforcement of workplace-safety laws, and protecting undocumented immigrants who report labor violations.
Most importantly, Joe Biden knows that labor rights are civil rights and that the strength of unions is their diversity.
In the days, weeks, months, and years ahead, we owe it to all of our brothers and sisters of color to listen, reflect on our own actions, and recommit ourselves to the fight for economic and social justice.
When we emerge stronger after the multiple crises facing our nation, let’s remember the critical role that the American labor movement played in both our economy and our society.
Finally, let’s support Joe Biden for president and renew our commitment to labor — and let us never forget the individual workers who pulled us through this crisis and led the fight for economic and social justice.
Adren Crawford is a general chairperson and proud member of the International Association of Sheet Metal, Air, Rail, and Transportation Workers.
Author: bnagy
Statement from SMART General President Joseph Sellers, Jr. July 1, 2020
The International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) is pleased to endorse Vice President Joe Biden for President of the United States, following a unanimous vote of its General Executive Council.
The endorsement was informed by discussions with and feedback from SMART members and leaders from across the United States who met to discuss SMART issues and which candidate best supports them. Over the past four years, SMART leadership has also met with all the major presidential candidates from both parties, including the incumbent president, and had meaningful dialogue with them regarding issues impacting SMART members.
SMART has engaged with and listened to our members from coast to coast about their views and opinions regarding our union, their jobs and current events that affect their future. This effort was launched to ensure members have a say in shaping the course of our union as it proceeds to advance the needs and viewpoints of the membership.
Biden has a long history of engaging with SMART members and working families in both the sheet metal and transportation industries. The endorsement decision was based on Biden’s strong support of the concerns most important to our members, including the need for two-person railroad crews, retirement and pension security, protection of prevailing wages, and a prioritization of workplace safety. He also is dedicated to acting on a plan for real infrastructure work to enhance employment opportunities for current and future members in the industries SMART represents. SMART members have made it clear they can no longer wait after four years of empty promises for new infrastructure initiatives from the current administration.
From his early years working with local sheet metal workers as a County Commissioner in Delaware, to his frequent meetings with SMART Amtrak conductors during his commute back and forth to Washington, D.C., Joe Biden has been acutely aware of and engaged with the issues on the minds of our members.
After a series of discussions with Biden’s campaign staff, where members’ feedback and concerns were shared with the candidate, Vice President Biden took the time to respond with a video outlining his positions on the issues. His impassioned message in this video proves that Biden is the clear choice for our union and the membership.
SMART is highly engaged in the political process to ensure our issues are advanced and our members’ livelihoods are protected. We also strive to ensure union leadership is transparent and clear with our members when it comes to decisions in the electoral arena. We work to advance our members’ issues by advocating and educating on their behalf while supporting candidates, regardless of party, who stand with SMART members and for issues important to all working families.
The Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act passed through the U.S. House of Representatives’ Transportation and Infrastructure Committee late June 18 by a party-line vote of 35-25.
The legislation, which contains provisions that affect the safety and well-being of all members of the SMART Transportation Division, now moves to consideration by the entire U.S. House of Representatives.
“This is another step in what has been a years-long journey,” National Legislative Director Gregory Hynes said. “We are now farther than we have ever been in regard to having national two-person freight crew protections made into law thanks to our members’ action and advocacy.”
“But we will need to keep the pressure on members of Congress in both the Senate and in the House so that this and other parts of this regulation are not casually tossed out in accordance with the carriers’ will as the scheduled July 1 floor vote approaches.”
The union has rolled out contact forms on its Legislative Action Center for members and concerned parties to reach out to their U.S. representatives as the INVEST Act is considered by House members. These links will be accessible through the main SMART-TD web page as well.
A coordinated informational campaign also has been launched to educate members on what the act provides. While not perfect, this legislation represents a step to shoring up a craft that has been under siege for years, SMART-TD leaders say.
“There are some people in our union who misunderstand the intent of the bill because they might support the Republican Party or the president. They degrade the union on social media or say that this attempt at legislation is a giveaway or too weak in protecting conductors because there are some exceptions in it,” SMART-TD President Jeremy Ferguson said. “It establishes protections where there are NONE. Your union is not the enemy — the carriers want to eliminate even more jobs and lay waste to the people and families who kept the freight industry going through a pandemic. The battlefield is in the halls of Congress and passage of the INVEST Act, with the protections intact, would be a victory.”
The INVEST in America Act contains provisions on:
- Two-Person Crews;
- Operator Assault;
- Blocked Crossings;
- Sleep Apnea for Commercial Drivers;
- Yardmaster Hours of Service;
- a “Cross Border” fix.
During the two days and more than 24 hours of committee consideration in the House on June 17 and 18, four Republican representatives proposed amendments attempting to remove the portions of the INVEST Act covering freight rail: two-person crews, yardmaster hours of service, blocked crossings and the “cross border” fix, making President Ferguson’s prediction about the legislation become true.
“There are only two parties at the table. The Democrats wrote it into the bill, only the Republicans will take it out,” he wrote June 3.
For example:
Democratic Rep. Alan Lowenthal of California proposed Amendment 43, which requires the federal DOT to study, establish standards and come up with a final rule regarding untreated obstructive sleep apnea, which affects many transportation workers. The amendment succeeded and was passed by voice vote.
In contrast, four Republican representatives attempted to attack provisions important to our members.
- Republican U.S. Rep. Scott Perry of Pennsylvania proposed Amendment 125, which attempted to remove two-person crew protections. That amendment was defeated by a voice vote after Perry in his argument parroted talking points rolled out by rail industry groups including the Association of American Railroads (AAR).
- Republican U.S. Rep. Brian Babin of Texas proposed Amendment 41, which attempted to remove the cross border fix proposed in the act, but later withdrew his amendment before it could be voted upon.
- Republican U.S. Rep. Bob Gibbs of Ohio proposed Amendment 25, which attempted to remove the yardmaster hours of service rules proposed in the act, but later withdrew his amendment before it could be voted upon.
- Republican U.S. Rep. Troy Balderson of Ohio proposed Amendment 23, which attempted to remove the blocked-crossing rule proposed in the act. That amendment was rejected by voice vote as part of an en bloc package of amendments.
The actions of these legislators will be remembered in November, but we have bigger concerns as we approach a scheduled July vote on the bill. Use the Legislative Action Center to contact your members of Congress and let them know that the INVEST in American Act deserves their support, keeps communities safe and protects American workers and their jobs!
General Chairperson John Ellis (Los Angeles County MTA) reports that Brother Wilfredo Corsino, a member out of Local 1607 (Los Angeles, Calif.), passed away on June 11 from COVID-19 complications.
“Brother Corsino has been a part of our Union UTU/SMART since 1996,” Ellis said. “He was a 23-year veteran and a consistent supporter of the Union cause.”
Corsino began his career with LACMTA and worked out of Divisions 7, 10, and 13.
“On a personal level, many operators remember Brother Corsino’s infectious laugh and his love for Metro,” Ellis said. “Many of his co-workers stated that he was a great ping-pong and pool player.”
Brother Corsino is the eighth active member of the SMART Transportation Division reported to the union as having passed away from the novel coronavirus.
The union offers its sincere condolences to Brother Corsino’s family and friends and his union brothers and sisters at Local 1607.
June 17, 2020
Dear Member:
As many of you may recall, the SMART Voluntary Short Term Disability Plan temporarily suspended the Elimination Period for COVID-19 (Coronavirus) disabilities. In an announcement to you dated April 15, 2020, we communicated that the Elimination Period was being waived for any COVID-19 (Coronavirus) disabilities beginning in the months of March, April and May 2020.
We are pleased to announce that the Plan will be extending this waiver for three (3) more months through August 2020. So, effective with all diagnosed COVID-19 (Coronavirus) disabilities beginning in the months of March through August 2020, the Plan’s Elimination Period will be waived. Members must usually be disabled for 21 days before benefits will begin on the 22nd day. This is known as the Elimination Period or Waiting Period. We are waiving this Waiting Period for positive COVID-19 (Coronavirus) disabilities. This change will expedite and increase benefits for approved applicants so that you will have immediate access to money. The Waiting Period will be reinstated for COVID-19 (Coronavirus) disabilities beginning on and after September 1, 2020.
We are pleased that the Plan can take this action on your behalf. We wish you and your family health and wellness during these trying times.
Sincerely,
Board of Trustees
Mr. Joseph Sellers Jr., General President SMART
Mr. Jeremy Ferguson, President-SMART Transportation Division
Mr. Joseph Powell, General Secretary-Treasurer SMART
The SMART Voluntary Short Term Disability Plan is administered by:
Southern Benefit Administrators, Incorporated
P.O. Box 1449
Goodlettsville, Tennessee 37070-1449
Toll-Free: (844) 880-1071, Fax: (615) 859-0201
View this announcement in PDF form.
Joseph F. Szabo, of Munster, Ind., and formerly of Riverdale, Ill., a retired member of Local 1299 (Chicago, Ill.) passed away Friday, June 12, 2020.
But it was the camaraderie of railroading he loved and he remained close with former co-workers in retirement, particularly through the Dolton Elks.
Joseph was an avid lover of his afternoon martini, Big Band music and dancing, and his Chicago sports. He had a lifelong passion for the Chicago Cubs and loved taking his family to Wrigley Field. As an uncle, he was very close with his nieces, nephews and their families, and loved large family gatherings where he shared love, wisdom, stories and his wonderful sense of humor.
In retirement he served as a volunteer tax preparer for AARP, a volunteer Village Inspector in Riverdale, Ill., as a member of the Chicago South Suburban Mass Transit District Board and as chaplain for the Dolton Elks. Active in community theater earlier in his life, he enjoyed singing in the chorus at the Hartsfield Village Retirement Community.
He is survived by his loving children, Jo Carol (Thomas, dec) Clark, Susan (Richard) Stables, Peggy Szabo, former Federal Railroad Administrator and Illinois State Legislative Director Joseph C. Szabo (Local 120, Chicago, Ill.) and Clark (Diana) Szabo; and his precious grandchildren Carly Szabo, Megan Stables, Tori Szabo and Natalie Szabo.
Brother Szabo was preceded in death by his beloved wife of 57 years, Shirley; sisters Margaret Barber and Rose Stapleton; and his parents, Joseph and Theresia Szabo, who emigrated from Burgenland, Austria.
A funeral service will be held 6 p.m. Tuesday, June 16 at Solan Pruzin Funeral Home, 14 Kennedy Ave., Schererville, Ind. Friends may visit with the family 2 to 7 p.m. Tuesday at the funeral home. In lieu of flowers, donations may be made to Hospice of the Calumet Area or the Chicago Lighthouse.
SMART Transportation Division offers its sincere condolences to Brother Szabo’s family, his friends, Local 1299 and all who knew him.
U.S. rail unions have united in an effort to overturn the sequestration of Railroad Unemployment Insurance Act (RUIA) benefits that was enacted by a GOP-held Congress during the Obama administration and continues to reduce the unemployment and sickness benefits of railroaders nearly a decade later.
A large bloc of the unions are represented by AFL-CIO’s Transportation Trades Department (TTD), of which the SMART Transportation Division is a member.
A letter to U.S. Sens. Rob Portman and Sherrod Brown of Ohio sent by the union coalition requested that they jointly co-sponsor language consistent with the HEROES Act (H.R. 6800) to eliminate RUIA benefits from sequestration by amending the Balanced Budget and Emergency Deficit Control Act of 1985 to include RUIA among the other various programs that are not subject to sequestration. Portman, a Republican out of Cincinnati, is chairman of the Senate subcommittee that will make a decision on sequestration.
“Unlike the average U.S. worker, railroad employees do not receive unemployment benefits through state-administered unemployment insurance programs. Instead, unemployed railroaders receive these benefits through the RUIA program, which is administered by the United States Railroad Retirement Board (RRB),” TTD President Larry Willis said. “As a result of the Budget Control Act of 2011, RUIA (benefits) are subject to sequestration. No state unemployment insurance benefits in the country are subject to this unfair treatment.”
RUIA unemployment and sickness benefits are sequestered at 5.9%, and have been subject to reduction for nine years. These rates are adjusted when the federal sequestration is recalculated yearly.
Railroaders are urged to call Portman at (202) 224-3353 to tell him to exclude RRB sickness and unemployment benefits from those reductions.
Read the unions’ joint letter to the senators.
To help combat the spread of misinformation concerning the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act, Alternate National Legislative Director Jared Cassity has provided the following facts regarding the two-person crew provision in the bill.
The INVEST Act delivers on Two-Person crews
The INVEST Act, as written, requires a certified locomotive engineer and certified conductor on most freight trains. According to the bill, there are instances that a train may be operated with a reduced crew. Exceptions are listed below:
A freight train may be operated with a reduced crew, if:
- The train operations are within a rail yard, terminal area, or on auxiliary or industry track
- It does not exceed a maximum speed of 25 mph on territory with an average track grade of less than 2% for any segment of track that is at least two continuous miles
- The locomotives are performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including to or from the location where assistance is provided
- The locomotives are not attached to any equipment (except a caboose) and do not travel further than 30 miles from a rail yard
- A location where one-person operations were being utilized one year prior to the date of enactment of this bill, only if the DOT Secretary determines that the operation achieves an equivalent level of safety (Note: The Secretary of the DOT is appointed by the President of the United States)
SHORT LINE EXCEPTION
In addition to the above, a train may be operated with a reduced crew, if:
- The carrier has fewer than 400,000 total employee work hours annually and an annual revenue of less than $20,000,000
A TRAIN MUST BE OPERATED BY A TWO-PERSON CREW (NO EXCEPTION), IF:
- It is transporting one or more loaded cares carrying material toxic by inhalation
- It is carrying 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block
- It has 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout its consist
- It is 7,500 feet in length or longer
The INVEST Act is poised to be the most significant piece of rail-related legislation this generation of railroaders has seen since the passage of the Federal Railroad Safety Act of 1970.
Washington, D.C. – Chair of the House Committee on Transportation and Infrastructure Peter DeFazio (D-Ore.) last week officially introduced the Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act during a pro forma session in the House. The INVEST in America Act, a 5-year, nearly $500 billion investment in our nation’s infrastructure, is a key component of the Moving Forward Framework that House Democrats released earlier this year. After Committee leaders unveiled the bill text Wednesday, June 3rd, support started pouring in from a diverse array of transportation, environmental, worker, and safety advocates.
What advocates from around the country are saying about the INVEST in America Act:
“We applaud Chairman Peter DeFazio for listening to the needs of workers represented by SMART Transportation Division, and responding accordingly. By providing robust funding for infrastructure, passenger rail, and transit, as well as the inclusion of smart transportation policy, the Invest in America Act represents a bold step forward for our members,” said Jeremy Ferguson, president of SMART-TD.
“Title V of the INVEST in America Act is the most significant piece of railroad legislation since the Rail Safety Improvement Act of 2008,” BLET (Brotherhood of Locomotive Engineers and Trainmen) National President Dennis R. Pierce said.
“Past reauthorizations have been an exercise in spending more money and magically wishing for better outcomes with outdated policy, which was always foolish,” said Beth Osborne, director of Transportation for America. “With this new proposal from Chairman DeFazio, the INVEST in America Act, the House is charting a welcome course toward updating our country’s 1950’s approach to transportation.”
“The American Public Transportation Association (APTA), on behalf of the entire public transportation industry, would like to thank House Committee on Transportation and Infrastructure Chair Peter A. DeFazio (D-OR), Chair of the Subcommittee on Highways and Transit Eleanor Holmes Norton (D-DC), and Chair of the Subcommittee on Railroads, Pipelines, and Hazardous Materials Dan Lipinski (D-IL) for their extraordinary leadership in crafting the INVEST in America Act. We strongly support the bill and its critical investments for surface transportation infrastructure, including $105 billion for public transportation and $60 billion for commuter rail, Amtrak, and other high-performance rail.”
“For too long, the needs of professional drivers and others who work in the transportation sector have been ignored by lawmakers,” Teamsters General President Jim Hoffa said. “This legislation will set the nation on the right path by making badly needed infrastructure improvements while also ensuring that workers are protected on the job.”
“On behalf of ATA members helping move 71 percent of our nation’s freight, we applaud Chairman DeFazio for fulfilling his commitment to produce a comprehensive infrastructure bill, and we look forward to working with House Ways & Means Chairman Neal to fund it—with real money,” American Trucking Association President and CEO Chris Spear.
“The National League of Cities thanks Rep. Peter DeFazio, Chair of the House Committee on Transportation and Infrastructure, for proposing legislation that eases the impacts of COVID-19 on critical transportation projects in our cities, towns, and villages. The INVEST Act would provide increased federal support for next year’s transportation projects, grow strategic transit and rail investments over the next five years and improve intergovernmental collaboration.”
“Mothers Against Drunk Driving (MADD) applauds House Transportation and Infrastructure Chairman Peter DeFazio for today’s introduction of the INVEST in America Act. Chairman DeFazio is a traffic safety champion and has made saving lives a priority in this legislation.”
Stephanie Gidigbi, director of policy and partnerships for NRDC’s (Natural Resources Defense Council) Healthy People & Thriving Communities Program: “For too many years, funding from Washington has built roads and highways that divided low-income communities and communities of color without offering the transportation alternatives all of us can use. The INVEST Act offers a different path, one that leads to a more just, equitable, and climate-resilient future. Crucially, this bill ensures all communities have access to pedestrian, biking and transit options. It also will help us slash carbon pollution by investing in electric-vehicle charging stations, while ensuring that roads, bridges and transit lines are able to withstand the stronger storms and floods we must prepare for because of climate change.”
“The National Safety Council applauds House lawmakers for the INVEST in America Act, the reauthorization of the Fixing America’s Surface Transportation (FAST) Act. For too long, the United States has consistently avoided the hard choices needed to save lives on the roadways. This proposal is an opportunity for us to start making the right choices so we can save lives, because we know that all traffic deaths are preventable.”
“The Coalition for America’s Gateways & Trade Corridors (CAGTC) applauds the INVEST in America Act’s continuation of dedicated investment in our nation’s freight assets, first through the Nationally Significant Freight and Highway Program (INFRA) in Fiscal Year 2021, then through the Projects of National and Regional Significance Program (PNRS) through the remaining years of the proposal. Competitive grant programs are essential to funding large-scale goods movement infrastructure projects, which are difficult to fund through traditional distribution methods such as formula programs.”
“Unfortunately, we do not yet have a cure for COVID-19. But, we do have proven and available safety solutions to address the preventable fatalities and injuries occurring on our Nation’s roadways year after year,” said Cathy Chase, President of Advocates for Highway and Auto Safety (Advocates). “We commend Chairman DeFazio, Highways and Transit Subcommittee Chairman Eleanor Holmes Norton (D-DC) and Railroads, Pipelines and Hazardous Materials Subcommittee Chairman Dan Lipinski (D-IL) for sponsoring the INVEST in America Act and advancing important safety countermeasures.” Advocates looks forward to working with the Committee as our review of this legislation continues.
ITS America President and CEO Shailen Bhatt: “As the association that promotes technology to reduce fatalities, congestion and emissions, ITS America is gratified to see so many positive aspects in the bill that will lead to more research in and deployment of technology, including increasing access to mobility services by making Mobility on Demand an eligible activity under transit programs.”
“We commend Chairman Peter DeFazio (D-OR) and Eleanor Holmes Norton (D-DC) for leading the effort to address our nation’s transportation needs, including the costly backlog of transportation projects in our parks,” said Emily Douce of the National Parks Conservation Association. “Together we want to ensure park visitors can continue to experience and enjoy these places now, and for years to come.”
“The INVEST Act reflects more than a year of advocacy by the League, our partners, and our members to push for a future where our transportation system works better for all people, especially people biking and walking,” said Bill Nesper, executive director of the League of American Bicyclists.
“We know that the INVEST Act can make a difference in transportation equity across the country and the Safe Routes Partnership looks forward to supporting its passage and implementation for Safe Routes to Schools, to parks, to healthy food, and so many other essential parts of our lives,” said Cassandra Isidro, executive director of Safe Routes Partnership.
Railway Supply Institute (RSI) President Mike O’Malley: “This legislation will provide over $60 billion in much-needed funding to support substantive improvements to rail infrastructure across the country, including $29 billion for Amtrak and $19 billion for passenger rail improvement, modernization, and expansion projects. We also commend inclusion of strong funding levels for federal transit and grade crossing safety programs. These investments will enhance safety for millions of passengers, preserve thousands of jobs, and support our domestic supply chain at this critical time.”
“On behalf of The Bus Coalition (TBC) and its members, I applaud the historic level of bus transit funding included in Chairman DeFazio’s reauthorization proposal. Buses are the backbone of transit service across America providing more than one-half of all trips on public transportation. Our customers rely on buses daily to access jobs, health care, education, and other critical destinations. The level of investment included in the bill will go a long way toward upgrading and replacing our aging and shrinking bus fleets, boost economic growth and help enhance bus service in all communities across the country,” said The Bus Coalition President Bill Carpenter.
“CTAA [Community Transportation Association of America] members provide critical trips and support their vulnerable populations by acting as a lifeline. The record level of investment proposed in this bill would not only allow our rural, tribal, specialized and small-urban transit providers to continue meeting demand, but explore new and innovative ways to better serve their communities, said Scott Bogren, Executive Director of CTAA. “We applaud this bill’s important emphasis on improved bus operations and capital investment, the incorporation of meaningful improvements to procurement and vehicle disposition, and the focus on transit services for low-income and persistent poverty communities.”
“Through the INVEST in America Act, the House T&I Committee tackles many of the most critical issues facing America’s transportation system—including safety, climate and maintenance,” said Kevin Mills, Rails-to-Trails Conservancy’s vice president of policy. “The bill recognizes and advances policies to address the tragic and growing number of pedestrian and bicyclist fatalities that occur on our roads and it creates incentives to cut carbon emissions. It makes active transportation eligible for many programs and increases dedicated investment in trails, walking and biking programs to more than $1.5 billion a year—allocating resources to the nation’s fundamental active transportation funding programs like Transportation Alternatives and the Recreational Trails Program, while ensuring that Transportation Alternatives funding remains dedicated to its intended purpose in all states. Especially exciting is a new investment to connect walking and biking facilities within our communities and between regions.”
For a running list of supporters and more information about the INVEST in America Act, click here.
CLEVELAND, Ohio (June 5) — Following a second joint petition by the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET), the Federal Railroad Administration (FRA) on June 3 granted another 60-day extension to time limits in which certain petitions for review must be filed with the Locomotive Engineer Review Board (LERB) and the Operating Crew Review Board (OCRB). Originally, the SMART-TD and BLET requested an extension on March 30, which the FRA granted on April 7.
In response to the unions’ second joint petition for extension, which was filed on May 27, the FRA wrote: “FRA considered the petitioners’ extension request and concluded that extending the previously granted relief would be in the public interest, necessary to address the COVID-19 public health emergency, and is not inconsistent with railroad safety. Accordingly, FRA grants an extension of temporary emergency relief from the 180- and 120-day deadlines in § 240.403(c) and (d), and § 242.503(c), so that the deadline for any petition that becomes due to be filed during the duration of this waiver is extended 60 days.”
Under FRA regulations governing certification of locomotive engineers, a petition seeking review of a railroad’s decision to deny certification or recertification must be filed with the LERB no more than 180 days after the date of the railroad’s denial decision, and a petition seeking review of a railroad’s decision to revoke certification must be filed with the LERB no more than 120 days after the date of the railroad’s denial decision. Similarly, under FRA regulations governing certification of conductors, a petition seeking review of a railroad’s decision to deny certification or recertification, or to revoke certification, must be filed with the OCRB no more than 120 days after the date of the railroad’s denial decision. Under the terms of the June 3 waiver extension, FRA granted temporary emergency relief from the 180- and 120-day filing deadlines, so that the deadline for any petition for review that becomes due to be filed during the duration of the waiver is extended 60 days.
A copy of the FRA waiver extension is available here. (PDF)
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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 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.