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The Defense Production Act (DPA) was invoked April 2 by President Donald Trump to expedite the manufacture and eventual distribution of supplies, especially ventilators, necessary to fight the COVID-19 pandemic.
The first step in getting the products — including surgical masks, disinfecting agents and medical devices — to those who need them is to create and package them.
Right now. Sheet metal workers across the United States are fabricating new equipment and supplies to support our nation’s response to this pandemic. Volunteers have even stepped up to supply groups with vital parts in the production of new protective gear while union sheet metal workers from New York to Detroit and Wisconsin and everywhere in between are on the front lines constructing new medical facilities to handle the surge of new COVID-19 patients.
While members are busy producing supplies as fast as they can, these supplies also need to be transported to the places that are most in need.
This is where the United States freight railroad network comes in. The full scope of the DPA must be employed to strongly and decisively react in the quickest way possible, including the engagement of railroads’ nationwide reach. The greatest volume of goods and material needed to help the country recover in the least amount of time will be delivered by the men and women operating the trains that travel America’s railroad network.
Thousands of rail workers have been furloughed by the country’s largest rail carriers in recent years. These people must be put to work to deliver life-saving equipment to major metropolitan areas struggling to contend with the coronavirus. Any half-measure will result in more lives being lost.
Sheet metal and transportation workers stand at the ready to assist. All that is needed is full invocation of the DPA and a wave of labor will help to first fight the pandemic and then to wipe out the economic devastation it has created.
Sincerely,

Joseph Sellers, Jr.Jeremy R. Ferguson
General President, SMARTPresident, SMART Transportation Division

April 8, 2020

The Honorable K. Jane Williams
Acting Administrator
Federal Transit Administration
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590

Dear Acting Administrator Williams:
First, we want to thank you and your staff for your hard work ensuring that funding provided through the Coronavirus Aid, Relief, and Economic Security (CARES) Act was apportioned to transit agencies in such an expeditious manner. The $25 billion in emergency funding provided by the CARES Act comes at a critical time for public transportation, the frontline workforce who operate and maintain it, and the millions of Americans—including health care workers, law enforcement, first responders, and other safety personnel—who still rely on it every day during this crisis.
As you know, these funds are provided for capital and operating expenses related to the coronavirus health emergency, including the purchase of personal protective equipment (PPE) and paying the administrative leave of operations personnel due to reductions in service. While PPE and cleaning supplies are eligible for 100 percent federal reimbursement, we understand that there are significant challenges—largely related to demand and global supply chain disruptions—in securing adequate safety equipment for public transportation personnel.
While we stand by the critical importance of the work our members are providing during this crisis, we must also consider their health and the health of those around them. Stories of frontline public transportation workers contracting COVID-19 and tragically dying from the virus are already emerging around the country, and it will only get worse in the coming weeks and months. To ensure the best use of the emergency funding provided by the CARES Act and to protect the health and safety of the frontline workforce and traveling public, we request the following:
First, the Federal Transit Administration should issue immediate and specific interim guidance to public transportation agencies and local governments on the minimum level of PPE for essential frontline employees and cleaning procedures for public transportation services and facilities. At a minimum, this should include masks, gloves, and cleaning supplies for transit workers; and mandatory cleaning standards for trains, buses, subway cars, and public transit stations that are consistent with existing guidelines from the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health.
Second, if a public transportation agency or local government is not able to meet these guidelines and is therefore not able to provide service, and in keeping with the intent of the CARES Act, the FTA must ensure that transit agencies provide continuity of pay to employees until such a time that the established requirements can be met.
Finally, the FTA should urge transit agencies to follow back-door loading policies on all buses, when possible, for all non-ADA passengers to minimize exposure to bus operators, and to set temporary maximum passenger loads that allow for social distancing of passengers.
Taking these steps now will ensure not only the health and safety of America’s frontline public transportation workforce, but also that this critical transportation service continues to operate regularly when we emerge from this crisis.
We thank you for your consideration and would be happy to have further discussion with you or your staff about proactive steps we can take to reduce harm and loss of life during this crisis.

Sincerely,

Joseph Hansen, a conductor out of Local 60 (Newark, N.J.) who worked for New Jersey Transit (NJT), passed away recently to become the first reported active SMART Transportation Division member to succumb to COVID-19, the novel coronavirus.

Joseph Hansen, a 20-year SMART Transportation Division member out of Local 60 (Newark, N.J.), passed away from COVID-19. Photo via New Jersey Transit/the Hansen family.

Hansen was 62 years old and had been a SMART-TD member since November 1999. He worked out of NJT’s Raritan Yard.
“Brother Hansen’s 20 years of service was exemplary. He was the consummate professional, a loving husband, father and grandfather,” said General Chairperson Jerome Johnson (GCA-610), who is president of Local 60. “He will be greatly missed.”
Brother Hansen is survived by his wife, Denise; a son, Brian, who is a mechanic at Raritan Yard; and his grandchildren.
SMART-TD offers sincere condolences to Brother Hansen’s family and friends and to his brothers and sisters of Local 60, who continue to put their safety on the line as essential workers during the COVID-19 pandemic.
Read an article from Northjersey.com about Brother Hansen’s passing.
Northjersey.com also reported that the carrier gave an update on the effects of COVID-19 on NJT’s 12,000-person workforce:

  • 87 NJ Transit employees have tested positive for coronavirus
  • Of those, 57 were operating buses, trains or cleaning stations
  • 571 employees are in quarantine as a precaution or awaiting test results
  • 159 employees have returned to work after being cleared

SMART-TD represents NJT’s rail workforce.

Alternate National Legislative Director Jared Cassity shared a tip about the type of bleach that should be used for disinfecting work areas while trying to prevent spread of the coronavirus.

Be sure to check the label for the sanitization properties of bleach inside. “Splashless” bleach is not useful in creating a disinfecting solution and says so on the bottle.
Bleach water should be created with a tablespoon of bleach per gallon. The bleach used to mix the solution should not have additional scent added to it, according to the Department of Health and Human Services (HHS).
Also, the “splashless” variety of bleach neither sanitizes nor disinfects, Cassity said.
“Be sure to purchase regular bleach,” said Cassity, who verified the information through Clorox representatives.
Follow this link for a PDF from HHS on how to make a bleach water disinfecting solution.

A bipartisan group of 14 members of Congress — seven Democrats and seven Republicans — pledged support to SMART Transportation Division’s petitions to the administrators of the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) seeking protection for railroad and transit workers during the COVID-19 pandemic.
“Our transit and rail workers are essential to the health, safety, security and transport of people within and between our communities along with the transport of critical goods and freight across the country,” the legislators wrote. “It is important that steps are taken to mitigate against the spread of the virus within the workforce, minimize exposure while workers are performing their duties, and ensure sufficient staffing.”
U.S. Reps Greg Stanton, a Democrat from Arizona, and Brian Fitzpatrick, a Republican from Pennsylvania, were the lead signatories.
“As you work to identify additional measures to protect these essential transportation workers, we ask that you consider and give full and fair consideration to the recommendations SMART-TD outlined in its petitions for worker protections and sanitation standards to protect against the virus,” the representatives wrote.
The members of Congress who signed the letter also included U.S. Reps Tom Malinowski (D-N.J.); David B. McKinley (R-W.Va.); Grace F. Napolitano (D-Calif.); Christopher H. Smith (R-N.J.); Sharice L. Davids (D-Kan.); Rodney Davis (R.-Ill.); Jesus G. “Chuy” Garcia (D-Ill.); Fred Upton (R-Mich.); John Garamendi (D-Calif.); Mike Bost (R-Ill.); Adriano Espaillat (D-N.Y.); and Don Bacon (R-Neb.).
On March 20, SMART-TD President Jeremy Ferguson called on FRA Administrator Ron Batory and FTA Acting Administrator K. Jane Williams to make the carriers regulated by their agency implement sanitation and preventive measures in accordance with Centers for Disease Control and Prevention (CDC) guidelines.
Neither agency has responded to the joint request by SMART-TD and the Brotherhood of Locomotive Engineers and Trainmen (BLET) to FRA or SMART-TD’s request to FTA. FRA did grant safety waivers to Class I carriers on March 25.
“These members of Congress recognize that SMART-TD members and others in transportation labor continue to fill an essential role as the United States copes with the coronavirus pandemic,” SMART-TD National Legislative Director Gregory Hynes said. “Their continued support is appreciated where others seem not to be interested in protecting these essential workers.”
Read the letter here. (PDF)

From Railroad Retirement Board (RRB) Labor Member John Bragg:

As the Railroad Retirement Board (RRB) works its way through this pandemic, I will continue to reach out to you, my fellow brothers and sisters, to keep you informed on the status of the RRB and the benefits we administer. Most recently, on March 31, 2020, I shared information on how the CARES Act boosts unemployment and sickness benefits for railroad workers impacted by the pandemic. That notice included a link to a page on the RRB’s website with guidance in the form of Q&As. You can find the FAQs here: Unemployment and Sickness Benefit Flexibilities Under the Railroad Unemployment Insurance Act (RUIA) during the COVID-19 Virus Outbreak.
The purpose of this notice is to bring to your attention two changes which have been made to that guidance.
The first change relates to the instructions on filing applications and claims — specifically, the instructions related to the filing for sickness benefits. It is not a significant change, but I still wanted to bring it to your attention. Ordinarily, an applicant for sickness benefits must submit an application form and must also submit Form SI-1b, Statement of Sickness. Because the Form SI-1b requires a doctor’s signature and it was recognized that it may be difficult to get a physician to sign a statement during these unique circumstances, the RRB issued guidance indicating that, in lieu of Form SI-1b, a written statement could be submitted for the first claim. Because of the Paperwork Reduction Act and the manner in which federal agencies may collect information, that statement should now be submitted through an RRB Form G-93, Statement of Claimant or Other Person. You can find that form here: RRB Form-G-93. See also Questions 5-7 of the FAQs. A side benefit is that we believe this will simplify the process for those unable to obtain a Form SI-1b, as it is a fillable form.
The second change relates to the Q&As themselves. We have received numerous inquiries regarding the one-time-only economic relief payment provided by the CARES Act. The RRB is not responsible for these payments. Therefore, we have added the following as Q&A No. 16:
Q: Is the RRB going to pay the one-time-only economic relief payment available to individuals with income of $99,000 or less and couples with income of $198,000 or less?
A: No, the Department of the Treasury will be responsible for making those payments. Additional information regarding the one-time-only economic relief payments can be found at the following link: https://www.irs.gov/newsroom/economic-impact-payments-what-you-need-to-know
I want to assure you that, while the worksite environment has changed considerably for RRB employees, the longstanding tradition of commitment to assuring that railroad workers receive the benefits that they have earned remains as strong as ever. These are unprecedented times and I will do my best to keep you informed. As we make changes accordingly, the agency will keep updating the website as well as the FAQs. Meanwhile, if you have additional questions, please don’t hesitate to reach out.

John Bragg,
Labor Member, Railroad Retirement Board

As COVID-19 has spread across the country, some carriers and businesses have been caught flat-footed in dealing with the pandemic as indicated by field reports we’ve received from members.
The same cannot be said for front-line SMART Transportation Division members who have sprung into action to help their communities and fellow members cope with the effects of the coronavirus.

General Chairperson Justin Wolters has been providing cleaning supplies to members to help fight the spread of COVID-19.

General Chairperson Justin Wolters (GCA-449) was able to engineer an agreement with a local distillery that provided alcohol-based hand sanitizer to members free of charge.
“I explained our travel ban exemption and our lack of access to running water,” Wolters said. “They seemed more than happy to help our union.
“I decided I can’t rely on the carrier to protect the members, so our officers are donating cleaning materials daily and cleaning when they can.”
Attention to sanitation of work areas also has been a challenge that General Chairperson Larry Miller (GO 386) is doing his best to help meet by providing disinfecting wipes to workers in packages provided by the union.
Larry Miller

“I wanted to do all I can on my part to keep our members supplied with whatever I could get at our local stores,” said Miller, who was elected an alternate vice president at last year’s Second SMART-TD Convention. “I know it is not a lot, but it does make a dent. If we all pull together as the SMART-TD team, we will get through this.”
Member Mike Speier of Local 6 (Indianapolis, Ind.) took the initiative of purchasing a number of spray bottles from the dollar store, mixing up a bleach solution with four gallons that he purchased on his own, and then placing the filled spray bottles around the yard office.
“They can put posters up when the cows come home, but that’s not keeping us safe,” Speier said. “It’s cheap to do, I followed the instructions on Google and have been filling them up and giving them to the guys.
Mike Speier of Local 6 in Indianapolis, Ind., poses with his two daughters. Speier has been supplying fellow workers based out of the Avon, Ind., terminal with bleach water to help disinfect their work areas.
“If I keep my brothers and sisters safe and healthy, it ensures that I come home safe and healthy.”
If managers would give workers a bit of extra time to sanitize and disinfect their worksites — about 10 minutes — and allow the people to pull together, it’d help to reduce the risk of the coronavirus spreading, he said.
“You have a half-dozen guys buy bottles and bleach water, and we can really nip this in the bud,” Speier said.
Some members are doing their best to keep others informed.
On the West Coast, General Chairperson James Sandoval of the Santa Cruz Metropolitan Transit District and Local 23 (Santa Cruz, Calif.) alternate legislative representative, has been sharing information with members across TD locals and transit agencies alike to help spread information during the outbreak. In particular he is raising awareness about federal and state benefits that are available especially for those who may find themselves unable to work because they or someone they care for is dealing with COVID-19.
“Since we are in uncharted waters with this pandemic, it is extremely important to support each other and share information that may help because there is no book on this,” he said. “I have been sharing information with all District 3 general chairpersons, our International, our local labor counsel and other unions. We must step up to make sure nobody feels alone right now because things are changing at a rapid pace.”
Sandoval says that a cooperative effort has brought about shift adjustments at both Santa Cruz’s bus and paratransit properties by the carrier, which also has eliminated disciplinary procedures on sick calls, begun a no-question 10-day stay-at-home policy, supplied personal protective equipment and implemented bus sanitation practices.
“I couldn’t have accomplished improving our workplace strategy around COVID-19 to help protect our members without the support of my great team at our local. I have always believed that working together means we can get through anything — we will come out of this stronger than ever!”
Johnny Walker

Johnny Walker, legislative representative for Local 610 and secretary of the Maryland State Legislative Board, has been using his experience in the military and as a railroader to help pull people in his neighborhood and at his workplace together to cope with the stresses posed by the pandemic.
Walker wrote a guest column published on the SMART-TD website talking about how members will be essential in guiding the country through this challenge.
Sabol

New Jersey State Legislative Director Ron Sabol also has been working closely with the state AFL-CIO to distribute information to members, especially members employed by New Jersey Transit, which has been particularly hard-hit by the pandemic.
He praised the efforts of General Chairperson Jerome Johnson (New Jersey Transit conductors) of Local 60 in Newark, as doing an exemplary job in keeping things moving in this time of crisis, as are other NJT members.
“He has been doing everything he possibly can to protect his members and the riding public. After all, NJT operates in and out of New York City,” Sabol said. “Our N.J. bus members as well have been dealing with fuller buses because of route cuts.”
These examples, as well as other members’ efforts that haven’t yet been reported to us at news_TD@smart-union.org, are what’s going to keep the country moving and our fellow brothers and sisters healthy as we all work through the challenge of this pandemic.
And don’t forget that there’s a form where members can report conditions not meeting CDC guidelines to prevent the spread of COVID-19.
Union leadership is reviewing each and every submission and is working to get those problem areas resolved, but keep in mind it is impossible for your general chairperson or state legislative board to adequately respond if the situations are not reported. The more details we receive, the better chance we have of getting them corrected.
“I read each and every one of these reports, and we all discuss it daily to ensure someone is following up with a corrective action plan,” said Transportation Division President Jeremy R. Ferguson. “Our general chairpersons are doing a fantastic job, and in many cases they are teamed up with our vice presidents in keeping the pressure on the carriers to get the unsanitary conditions and lack of supplies fixed. Our Legislative/Safety Department is following up on the national, state and local levels where needed to ensure members’ voices and concerns are being addressed.”
Chief of Staff Jerry Gibson of the TD President’s Office encourages members to reach out to him at jgibson@smart-union.org for ideas on how SMART-TD members can help pull together resources to assist each other during the coronavirus outbreak. This includes branding supplies with SMART decals so that people know that the union is helping to provide the materials that otherwise would not be available.

Washington Gov. Jay Inslee signed into law H.B. 1841, a two-person crew bill that was championed in various forms for seven years by SMART-TD Washington State Legislative Director Herb Krohn and the other members of the state’s legislative board.
Affectionately known as a “zombie” bill — H.B. 1841 had been buried and put on hold numerous times by legislators but kept coming back in the face of carrier opposition — it became the law of the land March 27.

Krohn

“We were able to finally prevail by building a cohesive coalition of supporters including police and fire departments, environmental organizations, other labor unions, and interested community organizations to advance this bill across the finish line,” Krohn said. “We not only finally prevailed in our statehouse, we’ve successfully passed the STRONGEST state train crewing law in the entire nation!”

As written, the bill allows the Utilities and Transportation Commission (UTC) to “order railroad carriers to increase the number of railroad employees in areas of increased risk to the public, passengers, railroad employees, or the environment, or on specific trains, routes, or to switch assignments on their road with additional numbers of crewmembers, and may direct the placement of additional crewmembers, if it is determined that such an increase in staffing or the placement of additional crewmembers is necessary to protect the safety, health, and welfare of the public, passengers, or railroad employees, to prevent harm to the environment or to address site specific safety or security hazards.”

The bill survived a last-ditch effort by Senate Minority Leader Mark Schoesler on March 6 to quash it before it passed through the state Senate by a 34-15 vote.
Schoesler, a Republican, attempted to adjourn the legislative session rather than have the bill come up to a vote five minutes before the close of the legislative session, Krohn said.
“Schoesler attempted to shut down the Washington State Senate rather than allow our crewing bill to come to the floor for consideration and a vote,” Krohn said. “It’s an example of just how far the rail carriers and their allies are willing to go to kill off our safe train crewing bill as well as any other railroad safety legislation they oppose!”
That motion to adjourn was defeated by a party-line vote, and the bill subsequently was heard and voted upon.
Five Republicans and a Democrat who caucuses with them voted with every Senate Democrat in favor of the bill. The 15 senators who voted against H.B. 1841 were all Republican.
Krohn said the law is scheduled to take effect Thursday, June 11, 2020, and restores minimum freight crew legislation in the state that had been removed from the books in 1966 thanks to carrier lobbying efforts.
At the federal level, Washington state is a party along with three other states and rail labor unions in the U.S. Court of Appeals Ninth Circuit lawsuit against the Federal Railroad Administration’s (FRA) attempt to prevent states from passing laws mandating train crew size.
A hearing in the case is likely to be held in late summer or fall.

On March 27, Congress passed and President Donald Trump signed into law the CARES Act that provides provisions favorable to SMART Transportation Division bus and transportation members as the nation continues to combat the coronavirus pandemic. The bill provides a $2 trillion relief package to the nation as it copes with COVID-19, the novel coronavirus that has killed thousands of Americans.
“This bill helps to provide some short-term relief to the transportation industry that has been staggered by the coronavirus,” National Legislative Director Greg Hynes said. “In the event that public and private entities continue to cut workers or that employees get sick, those workers, including our members, will have extended financial protection.”
This relief bill:

  • provides $16 billion in emergency assistance to transit agencies to cover operating costs and direct expenses (e.g., cleaning supplies) at a 100 percent federal share, while preventing the Federal Transit Administration from waiving important labor protections.
  • provides the Los Angeles Urbanized Area with $1,178,517,939 divided up among all the transit systems in the region (Los Angeles, Long Beach and parts of Orange County).
  • waives the seven-day waiting period for unemployment insurance.
  • provides an enhanced unemployment benefit of an additional $600 per two-week pay period.
  • provides relief checks up to $1,200 per person, $500 per child. Click here to calculate your amount.
  • ensures private insurance plans must cover testing for COVID-19 and any future vaccine without cost sharing.
  • prohibits foreclosures on federally backed mortgage loans for 60 days, and up to 180 days of forbearance for borrowers of a federally backed mortgage loan who has experienced a financial hardship related to COVID-19.

Additional federal relief packages may be developed as the country copes with the coronavirus pandemic. Your Washington, D.C., legislative office will continue working to inform legislators and federal officials of the need of frontline transportation workers to be protected. Your union is collecting reports of employers not meeting CDC protocols to prevent COVID-19 transmission and these can be reported on the SMART-TD website.