The SMART Transportation Division appreciates the sacrifices of those who chose to commit their lives in the service of the country with great reverence.
Brave people have given their lives to defend the freedoms we often take for granted in times of war and peace. Many in our union continue to serve in the reserves or have served in our armed forces as I did. Your union and your country thank you and are forever in your debt.
On Memorial Day, let us all remember how the freedoms established in our United States were preserved by those who have left us while serving our nation and those who are still with us. Without the efforts of those people who chose military service, the United States would not be the strong and enduring beacon of liberty that other nations worldwide want to emulate.
This holiday serves as a great reminder to show our gratitude and respect. Let us all take some time to pause in remembrance of the debt we owe to those fellow Americans who fought and sacrificed in defense of the freedoms of our country. May God bless our troops!
Please be safe, and thank you.
Fraternally, Jeremy R. Ferguson, President, Transportation Division
As a reminder, our union continues its ongoing efforts to honor our brothers and sisters who have served. If you are a veteran, please let us know by providing information about your service in the SMART Member Portal so we can recognize you in the future.
Cecilia Lopez, the general chairperson representing Local 1701, announced that 28 months of uncertainty for her brothers and sisters have officially ended. The city of Montebello and SMART-TD have come to an agreement that has been ratified by a nearly unanimous vote by Local 1701 members. Lopez said the contract includes the largest pay increase she has seen in her career working for the city.
A fresh start for Montebello
GC Lopez made it clear that the city has turned a significant corner in how they treat our union members and its employees since they hired Raul Alvarez as city manager.
“It is hard to explain the difference in morale for our bus department since Alvarez came to Montebello,” she said. “Montebello’s Bus Department is now the place where people want to work.”
SMART-TD averts a crisis
Members of the SMART Transportation Division ratified a new agreement with the city of Montebello after more than two years of negotiations.
Since December 2021, the men and women of SMART-TD Local 1701 in Montebello, California, had been working without a contract. The team of Local Chairperson Betty Vasquez, GC Lopez and SMART-TD Vice Presidents Alvy Hughes and James Sandoval saw negotiations going down a dangerous path. At one point, 27 of our members were placed on administrative leave and faced termination, including Lopez and Vasquez.
When the dust settled, the Bus Department and SMART-TD Local 1701 stood together.
As GC Lopez put it, “Without Montebello Bus, there is no Montebello. This isn’t just a victory for us; it is a win for the people of this community.”
She said she’s very appreciative of the aid she received in this process from VPs Sandoval and Hughes, as well as the support her local received from Alternate Vice President Markeisha Hayes. More than anything, she wanted to thank the men and women of Local 1701 for their continued support throughout this multi-year fight for a good contract.
“These men and women stuck together as a family, and they filled City Hall every time I asked them to,” she said. “I couldn’t be prouder to represent the people of Montebello’s Bus Department.”
Solidarity brings success
The success in Montebello is one example of the power of union solidarity. By working together, focusing on results and holding employers accountable, SMART-TD creates better lives and more secure futures for workers across the country.
Former Arkansas State Legislative Director Donald R. Beavers, who served multiple terms leading the state’s legislative board spanning 21 years, passed away May 19, 2024, at the age of 81.
Donald Beavers served multiple terms as the Arkansas state legislative director.
Beavers began his railroading career as a brakeman with the Missouri Pacific in 1962. He was later promoted to conductor.
He served in that capacity for more than 17 years before being elected to the office of the United Transportation Union’s Arkansas legislative director.
A member of Local 656 in North Little Rock, he noted that he was the UTU’s youngest legislative director at the time of his election and retired as the senior member in 2000.
Brother Beavers was honored with a well-attended ceremony for his decades of service to the union upon his retirement in October 2000, receiving recognition from both union leadership and then-President Bill Clinton.
His engagement in labor matters extended beyond our union. Brother Beavers also was elected secretary/treasurer of the state AFL-CIO, appointed to the Arkansas Economic Development Commission and served as chairman of the North Little Rock Civil Service Commission.
He was past president of the Arkansas Association of Lobbyists and active in politics representing Arkansas as National Democratic Committeeman.
He served as a delegate to six Democratic National Conventions and a proud Arkansas Traveler for Clinton, having been connected to the president since Clinton’s start in state politics in the 1970s.
Brother Beavers is survived by his wife of 57 years, Mary Frances, two sons and four grandchildren.
The SMART Transportation Division expresses its condolences to Brother Beavers’ family, friends, his union brothers and sisters and all who knew him.
Daily headlines about new railroad safety laws make it feel like every day is “Railroad Day on the Hill.” However, the formal event falls once a year on the legislative calendar, where rail union representatives share the many issues that face our industry with legislators in D.C.
Thirty-eight men and women represented SMART Transportation Division, the nation’s largest railroad union. They spread the gospel of the Railway Safety Act, the need for shorter trains, increased quality of life and our call for better safety inspections of rolling stock.
The SMART delegation represented 20 different states and held 130 meetings with any Congress member or staffer willing to listen throughout the day.
The event was organized by National Legislative Director Greg Hynes, Alternate National Legislative Director Jared Cassity and Legislative Department Chief of Staff Jenny Miller. The Legislative Department invited 13 other unions to participate in Railroad Day on the Hill.
President Jeremy Ferguson, multiple vice presidents, state legislative directors, alternate state legislative directors, general chairpersons, local legislative reps and state legislative vice chairs from across the country all were present.
Ohio senators support Railway Safety Act, REEF Act
Senator Warnock and his staff hosted a Constituent Coffee at the Capitol, in Washington, DC on May 1, 2024. (Official U.S. Senate photo by Renee Bouchard)
SMART-TD representatives started with a breakfast with Senator J.D. Vance of Ohio. Vance has proven himself to be a champion for rail safety and is the lead sponsor of the Railway Safety Act. Transportation Division representatives discussed ways our union could help rally support for the RSA and the REEF Act.
The REEF Act is a bipartisan bill that will end an out-of-date tax on Railroad Retirement Board benefits awarded to rail employees who are furloughed or medically out of service.
Vance and fellow Ohio Sen. Sherrod Brown are with us and continue to strategize with SMART-TD on ways to build support for the RSA and REEF Acts.
America’s largest railroad union leaves a lasting impression
Following the successes of the day’s events, NLD Hynes expressed his gratitude to the army of SMART-TD leaders who made the trip.
“These men and women went above and beyond the call of duty to be here today. Because of them, we had a fantastic show of force in the halls of Congress. The validity of our issues speaks for itself, but when leaders from these different states show up to meet with their congressional and senate delegations, it makes an impact on these lawmakers,” he said. “They hear from Jared Cassity and me all the time, but when someone from home comes to meet with them in D.C., it puts a face to our issues in a unique way.
“I want to thank each one of them for making the effort to come out this year. With your help, we will deliver on the promise of the Railway Safety Act, the REEF Act, and all the issues that speak to the quality of life our members deserve and the dignity of the work they do each day.”
The AFL-CIO Transportation Trades Department coalition, of which the SMART-MD and SMART-TD are part, sent the following letter to Congress in conjunction with rail industry representatives on May 21:
The Honorable Robert Aderholt Chair Committee on Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies United States House of Representatives Washington, DC 20515
The Honorable Rosa DeLauro Ranking Member Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Committee on Appropriations United States House of Representatives Washington, DC 20515
The Honorable Tammy Baldwin Chair Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Committee on Appropriations United States Senate Washington, DC 20510
The Honorable Shelley Moore Capito Ranking Member Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Committee on Appropriations United States Senate Washington, DC 20510
Dear Chair Aderholt, Ranking Member DeLauro, Chair Baldwin, and Ranking Member Capito:
On behalf of the American Short Line and Regional Railroad Association (ASLRRA), the Association of American Railroads (AAR), and the Transportation Trades Department, AFL-CIO (TTD), we write to express our strong support for the Railroad Retirement Board’s (RRB’s) Fiscal Year 2025 (FY25) request for $172.331 million in the Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS) appropriations bill.
Over the last several years, RRB has faced many challenges, including a severe staffing shortage and an ongoing, complex Information Technology (IT) modernization effort, while navigating the high demand for benefits and assistance during and after the COVID-19 pandemic. These challenges have been exacerbated by the $2 million cut in funding Congress passed last year in the Fiscal Year 2024 (FY24) Labor-HHS appropriations bill. The impact of these budget cuts is already being seen. For example, 25 percent of RRB’s current employees will be eligible for retirement within the next year, but due to limited funding, RRB has been unable to replace those employees. These shortages have led to major backlogs in work and decreases in service to railroad retirees and workers.
We have appreciated Congress’ past support for RRB’s efforts to modernize IT programs and improve the Board’s ability to pay benefits and maintain program integrity. Unfortunately, this dedicated funding will be depleted by the end of FY24, though more work remains.
For these reasons, RRB has requested $172.331 million in funding for FY25, $38.331 million above the President’s FY25 request. Of that funding, $28.331 million would be used to hire and retain the 880 full-time employees necessary to sustain operations and meet the Board’s core mission of paying the right benefits to the right people in the right amount at the right time. The remaining $10 million would allow RRB to continue making progress on its IT modernization effort, which Congress has supported in the past to improve program integrity. A more detailed explanation of RRB’s request is attached to this letter.
It is important to note that RRB’s funding structure is unique in that railroad employer and employee contributions are held in trust funds not only to pay railroad benefits, but also to support RRB operations. Enacted appropriations language simply authorizes the RRB to access their own available funds in the railroad retirement trust fund system for the agency’s administrative budget, rather than drawing from the general pot of taxpayer funds. In effect, rail labor and management are funding the agency’s operations. They pay into the trust so that when their earned benefits are needed, the RRB is there to timely process applications and provide the customer service they deserve. We ask that you allow the agency to receive the funding it requests so that it can fully meet the needs of the railroad community.
We urge you to fund RRB at the requested $172.331 million to allow the agency to hire and retain the necessary employees and continue essential IT modernization. This funding level will ensure the Board continues to effectively serve the over 560,000 railroad employees and retirees and their families who rely on these benefits.
Sincerely,
Ian Jefferies President and CEO Association of American Railroads
Chuck Baker President American Short Line and Regional Railroad Association
Greg Regan President Transportation Trades Department, AFL-CIO
You see headlines celebrating new laws, and receive our union’s messages asking for letters to our elected officials, but how does your advocacy lead to new laws? Here’s how the pieces fit together.
EAST PALESTINE AND THE RAIL SAFETY ACT
After the Feb 3rd, 2023, derailment in East Palestine, Ohio, the Rail Safety Act was introduced in Congress. The act will regulate safety issues like train lengths, blocked crossings, and protect the FRA’s minimum crew size rule.
But federal laws often follow states’ examples. To protect everyone, we begin in each state, each with its own challenges and opportunities.
Here’s how it worked in Colorado.
It took a well-coordinated effort by SMART-TD and many other groups in order to get the Colorado rail safety bill across the finish line.
NEW LAWS TAKE HARD WORK AND OLD FRIENDS
Colorado’s State Legislative Director Carl Smith has lobbied for SMART-TD in the statehouse for years. The first step for Smith and the state legislative board was to draft a new bill. As part of SMART’s national network, he could put a Colorado twist on similar legislation from other states.
Even with the attention brought by East Palestine, Smith knew getting his bill passed would be a challenge. The 2023 legislature was mid-session, with little time left for debate and amendments. He met with the leaders of both the House and Senate to make his case, convincing Senate Majority Leader Dominick Moreno to sponsor the bill.
With Moreno’s support, Smith began refining the bill with industry and other key stakeholders. Creating a law that worked for everyone complicated things. As the clock started to run out on the 2023 session, Moreno recommended that Smith refine it over the summer, then reintroduce the bill.
SMART-TD BUILDS A COALITION
With more time to organize, SLD Smith was able to recruit others to his cause. As a member of the AFL-CIO Colorado Executive Board, Smith negotiated their support. Smith also connected with an old friend, the director of the Blue/Green Alliance, who signed on as an ally. Both organizations would provide invaluable lobbying muscle and research support.
BNSF’S TRAP: DEATH BY COMMITTEE
Over the summer, Smith developed the bill with advice from the Joint Transportation Legislation Review Committee. He learned that bills championed by this group are considered an easy win in the legislature, as members of both houses in the committee essentially preapprove the bills chosen to adopt.
Good news: By the end of summer, the committee had agreed to take up Smith’s rail safety bill.
Bad news: BNSF lobbyists, working behind the scenes, had manipulated the advice given to Smith. Instead of a sure thing, our bill would compete with a dozen other initiatives — things like free bus passes for schoolchildren or funding for repairs for neglected rural highways. The committee would only adopt five bills and BNSF was sure ours wouldn’t make the cut.
SMART-TD MEMBERS TIP THE BALANCE
BNSF underestimated our influence. Smith’s coalition continued lobbying the committee to select our bill, but it needed an extra push. The leader of the group, Rep. Ty Winter (R), represents the district with the largest number of active and retired SMART-TD members in the state. SLD Smith called for support, and our members rose to the occasion. As calls and letters rolled in, Winters realized his voters were paying attention and wanted the new law. He came around.
A LETHAL BNSF DERAILMENT CLOSES A COLORADO INTERSTATE. OUR BILL MOVES FORWARD
President Biden and Colorado Gov. Jared Polis were planning an unrelated speech in Pueblo, Colorado, just as the main road into the town was closed to clean up a BNSF derailment. The accident, with fatal results on the interstate below, reminded all that railroads deserve closer scrutiny.
The derailment happened Oct. 15, 2023. By the 23rd our bill, now known as House Bill 24-1030, had been selected for the 2024 legislative session.
GAME ON: SMITH EXPANDS HIS COALITION
With the AFL-CIO and the Blue/Green Alliance aboard, Smith began to assemble a larger coalition.
Friends from the Coalition of Professional Firefighters, American Federation of Teachers, Colorado Education Association and SMART Sheet Metal Local 9 joined. Smith also made a case to his contacts in Colorado’s powerful community of environmental groups. Conservation Colorado, the Sierra Club, Natural Resources Defense Council, Trout Unlimited and Green Latinos all agreed to back the cause.
While many of these organizations resist efforts to expand oil and coal production or to lay track through Colorado’s pristine wilderness, they are powerful allies in the fight for safer rail operations. They supported SMART-TD’s bill, then spread the word as momentum grew.
THE WHEELS OF GOVERNMENT TURN SLOWLY
H.B. 24-1030 was among the first bills accepted in the 2024 session, and one of the last to make it to Gov. Polis. Along the way Smith helped the bill through multiple hearings, revisions, and delays.
Hostile lobbying from Union Pacific softened the bill, who threatened to sue the state if the bill passed. They claimed that federal rules regarding train length, blocked crossings, trackside detectors and union access to private property conflicted with the bill. Whether UP would win the lawsuit or not, an active lawsuit with the state would take years to resolve. This would prevent the state from negotiating much-needed regional passenger rail with UP, which is a top priority for the Governor’s office.
“While the bill we passed isn’t exactly the bill we started with, the future office of rail safety will be an additional tool to provide a safe workplace for SMART-TD members and a safer community for Colorado citizens. The office will collect valuable data on long trains, trackside detectors, blocked crossings and rail accidents, which we can then use for stronger rail safety legislation in the future.” Smith said.
Colorado is one step closer to responsibly managed freight rail, and the nation is one step closer to the Railway Safety Act. Incremental wins like these, sometimes years in the making, would not be possible without SMART-TD and our members. Our state legislative directors have the tenacity and the connections to get the job done, as Colorado’s win shows.
Each new law results from a similar fight for our members. Our legislators step up wherever railroads choose to put profits above safety, and operating efficiency above respect for the communities where they operate.
The railroad personal injury report is generally the first exhibit used at any Federal Employers’ Liability Act trial in the country. If completed correctly, accurately, and not under duress, it can be the most-useful tool to guarantee a fair and reasonable recovery in a FELA case. It is the functional equivalent of a police report in a criminal matter. If completed incorrectly, it will be the railroad’s most-effective sword to deny employee recovery.
Negligence is the most hotly contested issue in any FELA case. This is because proof of negligence is required before an employee can trigger a recovery against their railroad employer. And, even if negligence is proven, “contributory negligence” on the part of the employee can serve as a damage reducer. For example, if a jury finds the railroad 50% at fault and the employee 50% at fault and awards $100,000.00 in damages, the court reduces those damages in accordance with the employee’s own fault (in this scenario the damages will be cut in half).
Information Requested in Railroad Personal Injury Reports
Railroad personal injury reports vary. Generally all ask for the same information. The basic template for all railroad personal injury reports includes:
Background information (i.e., name, address, date of injury, location of injury, etc.)
Description of injury.
How did the injury occur?
Who is at fault?
Were they any witnesses to your injury? Who were you working with?
Will you seek medical treatment?
The personal injury report is both the employee and the employer’s first opportunity to document information quickly after the incident when it is often most fresh. Juries often consider the injury report the most-accurate reflection of what occurred related to the incident and resulting injury.
Steps to Take Following an Injury
For this reason, the report needs to be completed in an accurate, timely and truthful manner. The following critical steps need to be followed after you are injured and before you complete your personal injury report:
Notify a crewmember or someone you are working around that you have sustained an injury, thus corroborating the incident;
If possible, show the crewmember or nearby fellow employee the condition that caused your injury (i.e., debris in the walkway, etc.);
Notify your immediate supervisor that you are hurt and can no longer continue working;
Advise your supervisor that you need medical attention;
Contact your local chairperson or another union representative to advise them you are obtaining medical treatment related to an on-duty injury;
Contact Designated Legal Counsel (DLC) to obtain legal advice about the specific facts of your situation;
Do not complete your injury report while at the hospital or under the influence of any medication;
Do not allow a trainmaster or any other railroad supervisor inside the hospital or doctor examining room to question you;
Be certain you are rested and not under the influence of any medication prior to sitting down to complete your report;
Make sure to follow-up with YOUR own doctor. (If you don’t have a relationship with a family or primary care doctor – establish one now).
On a beautiful Kansas spring day, legislators, their families, and community members gathered for a special train ride hosted by SMART Transportation Division (SMART-TD) and the Rock Island Railroad.
Kansas State Legislative Director Ty Dragoo speaks at Baldwin train depot before the excursion trip.
The event provided an opportunity for advocacy and education on rail safety legislation, community involvement and the development of industry partnerships.
SMART-TD Kansas State Legislative Director Ty Dragoo spoke with the legislators at the historic Baldwin city train depot and a safety briefing by the train crew followed before everyone came aboard.
As the train rolled through the scenic countryside, legislators engaged in discussions with TD representatives, learning about the importance of rail safety and the need for comprehensive legislation. The SMART-TD team shared their firsthand experiences and emphasized the crucial role of rail safety in protecting both workers and the public.
Kansas State Legislative Director Ty Dragoo speaks with a fellow passenger during the Kansas excursion trip.
The train ride also showcased the strong community involvement in rail safety. Leaders from statewide organizations representing first responders and firefighters attended and demonstrated their readiness to respond to any emergency situation. Their presence highlighted the importance of collaboration between rail workers and emergency services to ensure the safety of everyone involved and the need for common-sense minimum rail safety legislation.
SLD Dragoo gives a passenger an assist.
Key to the event was the partnership between SMART-TD’s Kansas contingent and the Rock Island Railroad in Baldwin City.
“Rock Island provided the historic train and the tracks, creating a unique and memorable experience for all participants,” Dragoo said. “The partnership demonstrated the commitment of both organizations to rail safety community engagement and a shared interest in advancing rail safety legislation.
“It was an awesome event. Special thanks go to the crew members and Robert Riley, CEO of the Rock Island Railroad, for their dedication and hard work in making the legislative train ride a success. Their contributions ensured a safe and enjoyable event for everyone involved.”
Dragoo said that he hopes that the excursion becomes a regular event because it can educate and strengthen understanding among legislators about the industry in a practical way.
Transportation Division President Jeremy Ferguson issued the following statement on May 17, 2024:
“SMART-TD is in full support of the 130 unionized firefighters in Washington struggling to obtain a fair contract with one of the biggest airplane manufacturers in the world. Boeing executives and management apparently have learned nothing from prior experience where they’ve decided that only they know best and then find out the opposite. Instead, they’ve decided to irresponsibly disregard the offers they’ve received from dedicated unionized employees and have locked them out.”
“The IAFF often has acted on behalf of SMART-TD’s rail workers when we seek legislation that makes both our members and their people safer, including in Washington state. At this moment, the firefighters need our support and solidarity. They absolutely have it.
“Already we’ve had many of our Local 324 members in Seattle, including Troy Shtogren, contribute to the strike fund. They’re bolstering the firefighters’ strength in their action against Boeing and observing the picket line as well. We’re going to keep it up until the IAFF members get a resolution that they’re satisfied with.”
In it, UP’s CEO Jim Vena and his team of executives did their best to paint a happy picture of a thriving company driven by the best interest of their frontline employees and heading in the right direction as a united front. This must come as a surprise to our brothers and sisters working for the UP.
Judging by the skyrocketing number of our members being disciplined and taken out of service under Vena’s new “12 Critical Safety Rules” policy, it is hard to imagine these conductors and engineers feel the same. Vena may very well have a “workplace family” at UP as laid out in the article, but it appears that labor is clearly not valued nor a part of it.
If this uptick of discipline cases was part of a larger push by the railroad to emphasize safety at UP, it would make some sense. However, that is not the case by any means. First, UP has yet to comply with the mandate from Department of Transportation Secretary Pete Buttigieg to join the federal close call reporting system known as C3RS. Any authentic corporate move toward an improved safety culture would have participation in this program as a cornerstone of the effort. Second, per a letter sent to UP’s Vice President of Labor Relations on January 5 by the five SMART-TD General Chairpersons who represent UP members, the carrier’s corporate culture has not made any such move toward safety.
In the GCs’ letter, they point out that UP has reduced training periods for new employees, as well as reducing refresher trips for current employees, along with reducing training periods in yards for foremen. UP has also done away with full-time safety positions. To say this company is instituting the absurdly strict discipline policy as part of an overall strategy to promote safety is simply disingenuous corporate propaganda.
At the heart of SMART-TD’s concerns over the new discipline policy is the harshness of the penalties, the scare tactics management uses to keep employees from working with their union, and that a second offense in two years results in a dismissal charge. All three of these directly contrast with the picture of the organization they painted for Progressive Railroading. This graph produced by UP displays these three points better than can be described.
Could this simply be another game of three-card Monte? Is UP using alleged “safety” violations as a knife to cut out employees instead of furloughing the employees? Does UP believe harsher punishment along with prior cuts to maintenance personnel produce the gain in profits needed in its 2.0 version of Precision Scheduled Railroading (PSR)?
This 12 Critical Safety Rules policy is designed to ensure that no one walking the ballast for UP has any sense of job security. At the same time, it’s designed to strategically drive a wedge between members and their union. The fact that involving your local chairperson in the process and having a hearing instantly doubles your probation period from 12 months to 24 and tacks on an instant 30 days on the street, is a straightforward message that UP does not want SMART-TD to intervene on our members’ behalf.
Perhaps this is a direct response to SMART-TD’s recent uptick in our win percentage against the carrier. Our UP local chairpersons and general committees have been victorious on appeals at a rate that is unprecedented. Our members are getting put back to work and retro pay is flowing into our locals at a steadily increasing rate.
Class I railroad empires were not built on a business model that tolerates fairness or even-handed treatment of their workforce. That is why the word “railroaded” is defined on dictionary.com as “to force a person into an action with haste or by unfair means.” There is no better way to describe how UP is “incentivizing” our members to sign waivers to avoid the looming hammer of discipline that arises from this new policy.
Public and customer pressure has been widely applied to UP and other Class I railroads to address staffing levels and to service the American economy the way our nation’s railroads have been consistently relied upon to do since the 1860s. In short, it would be a bad look for the company to continue to furlough employees. Such would invite further scrutiny from the STB.
With furloughs off the table, the new discipline policy will put our members on the street en masse. UP is seemingly using the blanket 30-day suspension of its employees as a rolling furlough, ensuring that a large percentage of its T&E employees are off the payroll at all times. These 30-day penalties are enforced on the first offense an employee is accused of, with dismissal on the line for a second offense within 24 months.
Ironically, in the Progressive Railroading article, CEO Vena professes quite a different view on making mistakes on the job. In the article, he’s quoted as saying, “Since people in the field predominantly will execute change, sometimes their decisions will turn out to be errors. That’s to be expected and it’s OK to make mistakes because vast improvements sometimes require the courage to make hard decisions.”
In the article, Vena went deeper into this subject saying, “No one is perfect — mistakes will be made. I have made mistakes.”
As he notes, it is not only OK to make mistakes, but it is to be expected. In his own words, these errors in the field are a natural product of our members executing the changes he has brought to how UP does business.
But even the worst baseball player gets three strikes before they’re out. At UP, as a rail employee working under this policy, you get one, perhaps two.
Since CEO Vena has come clean on the fact that he, in fact, is capable of making errors, SMART-TD would like to encourage the new head of the largest railroad in the United States to take the next step and admit that this new 12 Critical Safety Rules policy is an example of where he has made a massive error. SMART-TD is challenging UP, its upper management, and Vena himself, to call this experiment what it is, a mistake, and to do the right thing by their workers and their customers by repealing it.
Until they do, our union is prepared to fight them from the top down. We encourage our brothers and sisters working for the UP under this policy to reject the company’s incentive to sign discipline waivers and not to voluntarily give up their rights to representation by their union.
Just as every winter slowdown turns into a summer busy season, we are confident that this ridiculous set of rules and outlandish punishments will also run its course.
One thing for sure is that a signed waiver does not go away. Please work safe. Please do your job with the dignity and respect for the equipment and work environment that the job demands, and when Vena and his ill-advised policies try to take what you’ve worked for away from you and your family, lean into the experience and institutional knowledge this union affords you.
Together, we will call this situation out for what it is. Stand up to this injustice and we will win this fight as a union family.
If CEO Vena truly wants to promote safety on his railroad, he should feel free to call SMART-TD’s Cleveland headquarters and schedule a conversation. We’ve been focused on the safety of rail operations since our founding. We would be happy to share what we know.
