CLEVELAND, Ohio (March 20) — The SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) today filed a joint request urging the Federal Railroad Administration (FRA) to issue an Emergency Order (EO) to address employee safety conditions in response to the national COVID-19 (coronavirus) outbreak.
“The employees we represent are essential to the health, safety, and security of the nation. Therefore, it is necessary that the railroads take immediate and appropriate precautions to mitigate against the spread of the virus amongst their workforces, to minimize the exposure of their employees to the virus during the performance of their duties, and that Class I railroads maintain sufficient staffing levels to compensate for reduced headcounts caused by sick employees and family members, as well as to seamlessly handle predicted increases in volume once the virus begins to subside,” SMART-TD President Jeremy R. Ferguson and BLET President Dennis R. Pierce wrote in their petition.
Although emergency relief procedures were activated by FRA Administrator Ron Batory on March 13, many rail carriers have been slow to adopt, or in some cases have neglected to adopt, Centers for Disease Control and Prevention (CDC) measures to mitigate the spread of COVID-19. An action plan to help address the potential spread of the coronavirus among rail workers has not been issued by FRA and reports that Class I employees, both administrative and over-the-road personnel, have confirmed or suspected COVID-19 illnesses have been received.
The emergency request from the unions follows a letter their presidents sent on March 6 that requested, among other emergency remedial measures, thorough sanitation efforts in railroad facilities and on locomotives to prevent the infection of workers.
The unions’ request includes that railroads adhere to CDC guidelines in the following areas:
• Locomotive sanitation
• Sanitation of common areas used by employees
• Monitoring of employee temperatures
• Sanitation of crew transportation vehicles
The unions also seek that accommodations for meals, including long waits for food, be made in the documentation of hours of service reports for away-from-terminal personnel, including an additional 30 minutes to report in response to a call to work.
Procedures on how to handle employees who develop symptoms of the coronavirus requested by the unions reflect CDC guidelines, which include isolation, personal protective equipment, transport, and self-quarantine.
Finally, the presidents wrote, 25% of furloughed rail personnel should immediately be recalled to service to deal with anticipated shortages and staffing needs, in accordance with President Trump’s invocation of the Defense Production Act.
“To standardize and define the best protocols across the industry for the mitigation of the spread of the virus and the protection of employees, these safety precautions need to be immediately ordered by FRA,” Presidents Ferguson and Pierce stated.
Read the petition (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.

The economic uncertainty and long-term health risks posed by the COVID-19 pandemic present a challenge nationally, and the Railroad Retirement Board (RRB), which administers railroad sickness and unemployment benefits, is advising all railroaders to establish an online login.gov account.
Establishing this account gives workers a head start in the event that RRB unemployment or sick benefits are needed by RR workers in the case of carrier furloughs or illness.
Information needed to create the login.gov account includes:

  • A current, state-issued ID;
  • An email address;
  • Enabling two-step authentication;
  • Providing basic information such as name, address and phone number;
  • Social Security number;
  • Address verification.

Once the info is processed, a personal key will be provided to the worker that will be needed to gain access and make changes to the account. This key should be written down and stored in a safe place.
RRB operations, like those of many other public service agencies, have been affected by the coronavirus pandemic. The board is following CDC guidelines and has closed its field offices, so services are being provided primarily through the RRB website and its toll-free number (877-772-5772).
A login.gov account permits users to have instant access to:

  • Apply for unemployment benefits
  • Claim unemployment benefits
  • View Railroad Unemployment Insurance Act account info
  • Claim sickness benefits
  • View service & compensation
  • <liGet retirement benefits estimate

John Bragg, labor member of the Railroad Retirement Board, issued the following statement on March 19, 2020:
Based on the best information currently available and guidance issued by public health officials, the Office of the Labor Member has canceled all Pre-Retirement Seminars scheduled from March through June until further notice. We made this difficult decision out of an abundance of caution to protect the health, safety, and welfare of our customers and staff as we navigate through this time of uncertainty caused by the COVID-19 outbreak.
While we expect to reschedule these seminars later this year, we’ll be monitoring the situation as it evolves and provide event updates when details are finalized.
We encourage would-be attendees to stay informed while practicing social distancing and review seminar materials, which are all available online. The program booklet is posted on our Pre-Retirement Seminar web page, and all other items included in seminar kits can be found on our Educational Materials web page.
Thank you in advance for your patience and understanding – we look forward to getting back on track in the coming months.

SMART Transportation Division (TD) State Legislative Boards that have not yet conducted their quadrennial reorganization meetings are directed to cancel their meetings and conduct elections by mail ballot.

Taking these steps will assist in meeting the recommendations of the White House and the Centers for Disease Control and Prevention (CDC) to stem the transmission of the COVID-19 virus by avoiding unnecessary travel and exposure to gatherings of people.

According to SMART Constitution Article 21B, Section 93, lines 18-22:

“Beginning in 1972 the Chairperson of each State and District Legislative Board shall convene the full Legislative Board not later than May 31st following the completion of the quadrennial elections for Local Legislative Representatives for reorganizational purposes which shall include the election of officers and adoption of bylaws and procedures.”

As a result of the growing adverse impact of the COVID-19 virus, the U.S. Department of Labor, Office of Labor Management Standards (OLMS), on March 17, 2020, issued guidance that provides this organization with latitude regarding the deadline for accomplishing the quadrennial reorganization, but still requires making “a good faith effort to conduct officer elections within LMRDA [Labor-Management Reporting and Disclosure Act] timeframes.”

Accordingly, the quadrennial elections of your board should be conducted as soon as possible, and completed before the constitutionally mandated May 31, 2020, deadline.

The DOL has advised that nominations can be taken by email, but elections must be conducted by secret ballot. The elections should be conducted pursuant to the procedures found in SMART Constitution Article 21B, Section 57, which calls for the use of “A” envelopes and the employment of three Tellers to retrieve the ballots from a P.O. box and tabulate the results. A notice soliciting nominations must be distributed to all Legislative Representatives no less than 10 days prior to the deadline for receipt of nominations. Ballots must be mailed at least 15 days prior to the date of tabulation.

Questions should be directed to the office of the Transportation Division President.

CLEVELAND, Ohio (March 18) — SMART Transportation Division (SMART-TD) President Jeremy R. Ferguson and TD Bus Department Vice Presidents Calvin Studivant and Alvy Hughes sent a letter to Federal Motor Carrier Safety Administrator Raymond Martinez urging the head of the FMCSA to thoroughly respond to the rapidly spreading national threat of COVID-19 (coronavirus).
“While it is noted FMCSA recently issued a national emergency declaration and guidelines for commercial vehicles delivering relief in response to the COVID-19 outbreak, to our knowledge, it has not released information or guidelines pertinent to our members,” Ferguson, Studivant and Hughes wrote, noting that agencies such as the Federal Transit Administration, the Federal Aviation Administration, the Saint Lawrence Seaway Development Corporation and Maritime Administration have submitted guidelines to employers on how to handle COVID-19.
The SMART Transportation Division represents about 8,000 bus members, many of whom work in densely populated urban areas susceptible to the virus’s spread.
“We are urging you to issue emergency regulations directed towards metropolitan transportation authorities (and similar carriers), employees and passengers,” TD leadership wrote.
The mandates urged by SMART-TD to protect its membership and the public were that:

  • buses be sanitized after every route or tour of duty, prior to it being occupied by a subsequent operator or passengers. Require the use of CDC recommended chemicals to kill germs on surfaces, including wiping down all operator controls, seating, windows, steering wheels, door handles, switches, etc. (anywhere that an employee is likely to touch). Likewise, a disinfectant spray should be used at the end of cleaning to broadly disinfect the operators’ work area;
  • passenger areas and other equipment such as (but not limited to) computers, time clocks, restrooms, and communal areas such as offices, crew staging areas and garages be sanitized at least once every 8 hours, ideally within the range of normal shift changes and on/off duty times, if they exist;
  • the above sanitization tasks be performed by individuals designated and educated on proper procedures, who are equipped with the necessary personal protective equipment, and include the removal of trash from buses and communal areas (this should not be considered incidental work performed by operators);
  • operators and passengers be provided with personal protective equipment, alcohol-based hand sanitizer strong enough to kill viruses, and other cleaning supplies as deemed appropriate;
  • the number of passengers and/or employees in a confined area (including buses) be limited to comply with the applicable Local, State, and/or federal guidelines;
  • employees be encouraged to stay home if they have respiratory symptoms (coughing, sneezing, shortness of breath, and/or fever) and to leave work if they develop such symptoms while at the workplace;
  • prohibition of attendance policies and availability standards which could result in discipline or penalties for employees who miss work due to COVID-19 related symptoms and/or illness;
  • all employees (including supervisory staff) must be educated on the appropriate guidelines for self-monitoring of their health condition, as well as monitoring and addressing others who appear to be symptomatic;
  • all employees reporting to work must be scanned for fever prior to the beginning of each route or tour of duty, with employees identified as having an elevated temperature immediately isolated and sent home for treatment or self-quarantine in accordance with CDC guidelines;
  • carriers must report to the appropriate health departments where employees have shown aforementioned symptoms that prevent them from carrying out their assigned duties;
  • carriers must develop plans for employees who reside with, and/or come into direct contact with, individuals who are symptomatic, and
  • carriers must comply with other such guidelines issued by the CDC and the federal government.

President Ferguson and Vice Presidents Studivant and Hughes also urged Martinez to provide timely  updates as FMCSA engages in its response to COVID-19.
“Further, we ask that you provide continual updates to these guidelines/mandates, as other departments have done,” they wrote. “Please advise of your plans pertaining to this very serious situation.”
Read the entire letter to FMCSA Administrator Martinez.

Watch a primer video about COVID-19
United Behavioral Health/Optum offer a free emotional support help line. The help line is available 24/7 and open to the public for as long as necessary, providing access to specially trained mental health specialists to help people manage stress and anxiety so they can continue to address everyday needs.
Callers may also receive referrals to community resources to help them with specific concerns, including financial and legal matters.
Call the United Behavioral Health/Optum help line: 1-866-342-6892
Online resources and information are also available by registering with Optum:
Liveandworkwell.com Coronavirus info: you’ll find information for preparing and recovering from crisis, as well as links to the CDC, Red Cross, and other national organizations.
Liveandworkwell.com Coping Center: Type the keyword “coping” into the search bar, select Coping. Here you’ll find articles, guides, self-help tools and videos on coping with stress.

The AFL-CIO Transportation Trades Department, of which SMART Transportation Division is a member, released the following on March 18, 2020:
The people who build, operate and maintain our nation’s transportation systems are struggling, as are most Americans, with the scope and effects of the COVID-19 pandemic. The spread of the disease does not appear to be slowing down, and it is clear that this is not only a public health crisis, but also an economic one. As the elected leaders of transportation unions we are calling on federal policymakers to take decisive action to address both the immediate and long-term health and economic effects caused by COVID-19. Critically, any solutions must focus on helping front line workers who are bearing the brunt of the outbreak from both a health and economic perspective.
There are three separate, but inextricably related challenges:

  1. Addressing the immediate public health crisis by preventing the spread of the disease and keeping workers safe on the job.
  2. Providing immediate economic relief for those whose livelihood is threatened during this crisis.
  3. Providing long-term economic stability for transportation workers and the systems they support.

Confronting the Public Health Crisis

Although many employers are telling employees to work from home, front line transportation and hospitality workers cannot just log into a computer to do their jobs. Bus drivers, port workers and longshoremen, mariners on board ships, train operators, airline pilots, flight attendants, mechanics, passenger service agents and others must be physically present to perform their duties. It is therefore incumbent on government agencies and employers to ensure that workers are given the guidance, training, resources and equipment to both keep themselves healthy and to prevent further spread of the virus.
This starts with strict and sector-specific guidance from the Centers for Disease Control and Prevention (CDC) for all front line transportation workers. These guidelines must recognize all modes of viral transmission, including the inhalation of infectious aerosols, and stress employer responsibility for providing and maintaining a safe work environment. Further, the Occupational Safety and Health Administration (OSHA) must issue an Emergency Temporary Standard (ETS) to protect working people, including those covered under the Railway Labor Act (RLA), from occupational exposure to infectious diseases, including COVID-19. Workers must also be provided with and allowed to use protective equipment such as N95 respirators and protective gloves while on the job. Finally, COVID-19 tests must be free and available to everyone to ensure prompt diagnosis and treatment. The lack of adequate testing allows public health officials to understate the true scope of the virus and prevents individuals from making informed, intelligent decisions when deciding whether to go to work or remain on the job.

Immediate Economic Assistance

There are several commonsense policies to address the immediate economic concerns of working people that must be central to any immediate economic relief package. The fact that this country does not have mandatory paid sick and family medical leave for all workers is a national embarrassment. The spread of COVID-19 is demonstrating the public health and economic consequences for such callous, shortsighted policies that routinely require working people to choose between giving up pay and reporting to work sick. In this time of crisis, paid sick leave should be mandatory. We call on Congress to step in and designate COVID-19 as a serious health condition for the purposes of the Family and Medical Leave Act.
Congress must also strengthen and expand Unemployment Insurance (UI) and Railroad Unemployment Insurance (RUI) eligibility and benefits, including increasing the maximum benefit and broadening eligibility. For those who are laid off, furloughed, or take voluntary leave due to an economic slowdown, UI and RUI are critical resources. It is also an effective economic stimulus because it gets money directly into the hands of those who need it most and are most likely to spend it. Congress should also take action to eliminate bureaucratic barriers to providing adequate benefits.

Long-Term Economic Stimulus

The transportation sector is already being particularly hard hit by the economic slowdown due to the COVID-19 pandemic. Passenger volume has dropped precipitously for air carriers, Amtrak, commuter rail and public transit, and the volume is not expected to improve for weeks, if not months. Freight operations have also been hit hard as production has dropped across the globe.  These are the same transport options that will be critical to getting our economy up and running again once the virus crisis passes. Transportation workers and the industries they support are going to need help from the federal government. The same is true of the United States Postal Service, which currently does not receive taxpayer funds, but will need financial relief and flexibility to further utilize its vast network as Americans increase their demand for e-commerce, vote by mail, and prescription drug delivery during this crisis and into a recovery.
First, if we are serious about mitigating the long-term economic effects this pandemic is going to cause, Congress and the administration must prioritize direct spending on transportation infrastructure and services across all modes. As borrowing rates remain historically low, there is no better time to make major investments in our transportation systems, which will keep Americans working and support the economic well-being of communities across this nation.
We must also consider that the effectiveness of any government response will depend on getting the policy right. Any effort to stimulate the economy and protect critical industries must not be an exercise in corporate welfare that benefits only the wealthiest among us. We saw this done poorly in the aftermath of 9/11. While Congress acted quickly to stabilize the airline industry, thousands of workers who lost their jobs had to wait a year and a half for expanded unemployment insurance benefits. For many, this was too little, too late.
Additionally, aviation workers made steep concessions after 9/11 to help keep the industry afloat. Yet, as the airlines rebounded and eventually reached record profits, the employees’ share of those profits remained stagnant. For many front line work groups it took as long as 20 years to get wages and benefits back to pre-9/11 levels. Others, like food catering workers, are still waiting to get back to 2001 levels.
Therefore, there must be protections built in to any stimulus legislation to ensure that companies that receive public funds cannot use this money to undermine workers’ livelihoods by offshoring or outsourcing jobs, or by handing the money over to shareholders in the form of increased dividends and stock buybacks. Catering contractors and subcontractors of the airlines that seek public assistance from any stimulus package must be required to provide health care coverage to their employees that meets or exceeds the standards set by the Service Contract Act. There must also be provisions to prevent employers from abrogating their collective bargaining commitments, even in a bankruptcy process.
Similar protections should be imposed on public transit agencies, Amtrak and commuter rail providers that receive federal money to compensate for losses in fare box dollars or state tax revenue. Public funds must be prioritized to maintain service, employment levels, wages and benefits. Further, no public funds should be used to prop up the foreign flag cruise ship industry that utilizes foreign labor and flags-of-convenience laws to avoid hiring American crews and adhering to American labor laws and standards, as well as environmental codes.
The policies need to be clear. This will not only keep people employed and participating in the broader economy, it will keep these sectors prepared to meet the surge in demand that will occur once this crisis is over.
Transportation labor is ready and eager to do our part to steer our country through this crisis. Every day, workers are continuing to go to work, perform their duties, and do their best to ensure that our passenger and freight transportation networks continue to operate in a safe and efficient manner. It is these workers who will suffer the most as this pandemic stretches on. Half-measures, jumbled guidance and corporate welfare will not contain this pandemic, and will certainly not provide the economic stimulus that we desperately need. We need policies that put workers first and position our country to flourish once this crisis is over.

Sincerely,

Marshall Ainley, President, MEBA
Levi Allen, Secretary-Treasurer, UMWA
Tim Barnes, Asst. to the President/Legislative Rep., UNITEHERE
Jerry Boles, President, BRS
Dave Connolly, President, SUP
John Costa, President, ATU
Harold Daggett, President, ILA
Joe DePete, President, ALPA
Jeremy Ferguson, President, SMART-TD
Lorretta Johnson, Secretary-Treasurer, AFT
Everett Kelley, National President, AFGE
John Mansker, Director, Railroad Division, IBB
Donald Marcus, President, MM&P
F. L. McCann, President, ATDA
Sara Nelson, International President, AFA-CWA
Sito Pantoja, General Vice President, IAM
Michael Perrone, National President, PASS
Paul Rinaldi, President, NATCA
Fredric Rolando, National President, NALC
Al Russo, Director – Railroad Division, IBEW
John Samuelsen, International President, TWU
Robert Scardelletti, National President, TCU
Christopher M. Shelton, President, CWA
John Thacker, Conference President, NCF&O, SEIU
Larry I. Willis, President, TTD

March 17, 2020

In line with White House recommendations that gatherings of more than 10 people be avoided to counter the transmission of the COVID-19 virus, SMART Transportation Division Locals are advised they may cancel monthly meetings in March and April 2020.
During this period only, officers and members seeking membership approval of expense submissions will be able to utilize a relaxed version of a procedure that was previously available only to Local Chairpersons.
In addition, a form is being made available for use by those seeking expense reimbursement. Any officer or member abusing the form and/or submitting fraudulent claims may be subject to removal from office, reprimand, penalties and fines in accordance with the SMART Constitution.
Questions regarding this procedure should be directed to the office of the Transportation Division President.

The incident last month in East St. Paul, Minn., where a two-person crew alertly stopped their train and rescued a 5-year-old girl who was wandering in the snow is just a single instance where having two on the crew has made a difference to the public.
There are more instances out there that have not been told. As the carriers continue to make their argument that the conductor role in the cab is superfluous and replaceable by technology, we need to prove to the public that this is simply not true.
If you are a railroader and you have a story to tell when having two on the crew made a difference, we would like you to share it with us.
Please follow this link, fill out the form and help us prove that on America’s rails we need to keep two on the crew.

On behalf of Labor Member of the Board John Bragg, the following release was issued:
On March 13, the President declared the COVID-19 virus outbreak a national emergency. While the Railroad Retirement Board (RRB) employees continue to work both on-site and remotely, out of an abundance of caution, the RRB decided to close its 53 field offices to the public effective Monday, March 16, until further notice.
Older individuals with underlying medical conditions comprise a significant percentage of individuals who visit their local field office for assistance. Unfortunately, this same group of people are also within the group of people at high-risk of contracting the virus. The decision to close public access to field offices was made in order to mitigate the exposure to the COVID-19 virus. Limiting personal contact is the best method for combating widespread transmission of the virus for both our customers and our employees. While closed physically, these offices will continue to remain accessible by phone and email.
This regrettable situation allows for the opportunity to become better acquainted with self-service options which are available for RRB customers. These options are available 24/7. Customers can request the following documents and get the following information online by visiting myRRB at RRB.gov or by using the automated menus on the toll-free number (877-772-5772):

  • Letters verifying income and monthly benefits rates
  • Service and compensation statement
  • Replacement Medicare card
  • Duplicate tax statement (1099, 1099R)
  • General benefit information
  • RRB field office addresses

In addition, railroad employees who have established myRRB accounts can login and:

  • Apply for and claim unemployment benefits
  • Claim sickness benefits
  • Check the status of their unemployment or sickness benefit claims
  • View their railroad service and compensation history
  • Get an estimate of retirement benefits

If a customer absolutely needs to talk to an RRB employee, they always have the option of connecting with a representative through the toll-free number (877-772-5772). However, customers are being asked to be patient because of the expected increase in call volume due to the office closures.
Customers also have the option of sending a secure email to their local office by accessing Field Office Locator on RRB.gov, and clicking on the link at the bottom of their servicing office’s page.