The disastrous flooding in the Midwest has affected thousands of people, including SMART Transportation Division members.
To help assist those who have had their lives affected by the floods, Your Track to Health has compiled a list of services and information for behavioral health, prescription providers, vision, dental and health insurance resources and counseling.
To see the entire list, visit this link.
Author: bnagy
A decision by the U.S. Supreme Court found that the portion of a damages award attributable to lost wages for a workplace injury is considered to be taxable compensation under the Railroad Retirement Tax Act (RRTA). The decision in BNSF Railway Co. v. Loos (No. 17-1042) was released March 4.
Michael Loos pursued a claim against his then-employer, BNSF, for a workplace injury under the Federal Employers’ Liability Act (FELA), a law allowing railroad workers to file suit against their employers for on-the-job injuries. Loos was awarded damages of $126,212, of which $30,000 was attributable to lost wages from BNSF. BNSF indicated that it would withhold railroad retirement taxes from the lost wages portion of the award. Loos disagreed with this theory of withholding, arguing that, consistent with the RRTA’s definition of compensation, the payment must be “for services rendered” in order to be taxable and instead of compensation for services rendered the payment at issue compensated for an injury.
The issue worked its way from the lower courts to the Supreme Court. Oral arguments took place on November 6, 2018, and the court reached its decision on a 7-2 vote. In reversing the decision of the Circuit Court of Appeals for the Eighth Circuit, the Supreme Court held that the RRTA’s definition of compensation includes not simply pay for active service, but also “pay for periods of absence from active service provided there is an employer-employee relationship.” Whether the employer chooses to make the payment through a voluntary settlement or is involuntarily made to do so through an award of damages is immaterial so long as the payment for lost wages is provided based on the recipient’s status as a service-rendering employee.
The Internal Revenue Service administers the RRTA and, therefore, is the official source for Railroad Retirement tax information.
However, for purposes only of illustrating the court’s decision, the following example is provided.
In 2019, railroad employers and employees are subject to a Railroad Retirement tier I payroll tax of 7.65 percent (6.20 percent on earnings up to $132,900 for retirement, and 1.45 percent on all earnings for Medicare hospital insurance) and a tier II tax of 13.1 percent and 4.9 percent, respectively, on earnings up to $98,700. (An additional 0.9 percent in hospital insurance taxes, 2.35 percent in total, applies to an individual’s income exceeding $200,000, or $250,000 for a married couple filing a joint tax return).
If a railroad employee with no other earnings in 2019 is awarded $550,000 due to an on-the-job injury, of which $200,000 is attributable to lost wages (both past and future), the employer and employee would be required to pay $11,139.80 in tier I taxes ($8,239.80 retirement and $2,900 Medicare) and $12,929.70 and $4,836.30, respectively, in tier II taxes. (The additional Medicare tax would not apply as the award for lost wages did not exceed $200,000).
WASHINGTON, D.C. (March 22, 2019) – Two large railroad unions in the United States have pledged their joint support for the Safe Freight Act legislation introduced by U.S. Rep. Don Young (R – Alaska).
The Safe Freight Act (H.R. 1748) requires that two certified crew members operate freight trains on U.S. rails and has the backing of the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET).
“SMART Transportation Division has been working tirelessly to promote safety in the railroad industry, and there is no doubt that the only safe rail operation is one that includes at a minimum a certified conductor and a certified locomotive engineer,” SMART TD President John Previsich said. “A clear message must be sent to our lawmakers and to the general public that multi-person crews are essential to ensuring the safest rail operations possible in their communities. I would like to thank Congressman Young for his leadership on this critical issue as we continue to improve safety on our nation’s railroads for both our members and for the general public.”
“This is necessary safety legislation to protect railroad workers and the American public,” BLET National President Dennis R. Pierce said. “While the railroad industry talks of one-person train crews and even autonomous trains, the 2013 tragedy of Lac-Megantic is justification enough that we need two sets of eyes and ears in the locomotive cab.”
Recent well-publicized rail accidents in other nations involving trains with one or no crew members show how smaller crews increase the risk of catastrophe in railroad accidents.
In September 2018, an autonomous runaway TasRail train reached speeds of 31 mph before it derailed in the Tasmanian city of Devonport, injuring two people. The train had become unresponsive to remote control commands, including the train’s emergency stop feature.
On Nov. 5, 2018, a runaway BHP ore train of 268 cars with no one aboard reached speeds of 62 mph before it was forcibly derailed in Western Australia. The approximately 1.9-mile-long train loaded with iron ore was operated by a lone crew member who had left the locomotive to inspect an issue with the brakes when the train began moving.
And finally, an oil train with a single-person crew in Lac-Megantic, Quebec, Canada, rolled into the center of the town July 6, 2013, after its brakes disengaged. The resulting derailment touched off an inferno that killed 47 people and destroyed the town center.
In the United States, labor unions and others concerned with safety on the United States’ 140,000 miles of rail are seeking to prevent such events from happening. Legislation setting crew size at two people aboard has passed in five states. A two-person crew bill backed by both the SMART TD and BLET unions (H.B. 1034) was signed into law March 21 by Colorado Gov. Jared Polis.
“Automation of cars, buses, aircraft and trucks are being addressed by legislation and in regulation by the federal government and many states. It’s time the federal government provided some oversight on railroads,” SMART TD National Legislative Director John Risch said. “Congressman Young’s bill is a first step, and we thank him for his leadership on this. The safety of the public and our members depend on this.”
“Safety is non-negotiable, and this legislation is about railroad safety,” BLET Vice President and National Legislative Representative John Tolman said. “The members of the BLET and SMART TD are highly trained professionals who have dedicated their lives to performing their jobs as safely as possible, and we thank Congressman Young for his ongoing support and for introducing H.R. 1748.”
This national legislation introduced by Young, a longtime advocate of railroad safety, is a common-sense step toward making our nation’s rails safer for workers and the public alike. It has the full endorsement of both unions.
H.R. 1748 has been referred to the House Subcommittee on Railroads, Pipelines and Hazardous Materials.
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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 different crafts, including as bus and commuter rail operators, in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
Born in 1930, Art Hanford began his railroad career as a darkroom technician for the Chesapeake & Ohio (C&O) Railway in 1953. While with the C&O, he earned a reputation as a quality photographer and writer. He was a trusted employee of Cyrus Eaton, the C&O Board Chairman at the time, and accompanied him on many trips to The Greenbrier Resort, then owned by the railroad, in White Sulfur Springs, WV.
In 1958 he went to work for the Brotherhood of Locomotive Engineers (BLE) as photographer-reporter and continued to earn credit for his work on the union’s publications. During this time, Art spent many years working with the BLE Grand Chief, Guy Brown. At that time, the BLE had over 60,000 members.
Early in 1967, Art moved to Chicago as managing editor of Railway Purchasing & Stores, one of several magazines, including Railway Age, published by Simmons Boardman.
Later that same year, Art accepted a position back in Ohio from the Brotherhood of Railroad Trainmen as Assistant Editor of Trainman News, the official BRT member publication. Charles Luna was president at the time.
In 1969, the BRT merged with three other rail unions to form the United Transportation Union, where Luna was named the new union’s president. In 1971, Al Chesser became Luna’s successor as president of the UTU until 1979, who was then followed by Fred Hardin (until 1991).
Art Hanford retired in 1990, with his last held position being the UTU’s Director of Internal Communications. At that time, the union had approximately 90,000 members.
Among the most memorable trips for Art were those traveling with engineers on steam locomotives, which were fast disappearing. He was also assigned to take pictures of Queen Elizabeth II in 1959 on a Royal train trip through Canada. Other celebrities he photographed in his career were Ben Hogan while playing in a golf tournament at the Greenbrier.
Art wrote several books after he retired, including a yet-to-be-published autobiography titled “Writing on the Railroad.” Art’s son, Guy Hanford, indicated that the family plans to finish publishing the book in honor of their father.
Art Hanford died peacefully surrounded by his family on Friday, March 15, 2019. He is survived by his wife Janice of 66 years.
On March 21, 2019, Colorado Gov. Jared Polis signed legislation into law that requires that all freight trains in the state are operated by a crew of at least two individuals.
The signing of H.B. 1034 caps a massive effort by SMART Transportation Division members that spanned years in the face of carrier opposition.
“It was a long haul and took a lot of time and energy on the part of many, many people,” Colorado State Legislative Director Carl Smith said. “Our concerted efforts did pay off, and it will ensure that the state’s railways stay safe with two crew members in each freight train’s cab.”
Smith and the Colorado State Legislative Board had an earlier two-person crew bill die in the state Senate in 2016, but tenaciously renewed their efforts early this year by gathering a broad group of supporters that included members from the six TD locals in the state, retirees, the Colorado AFL-CIO, Colorado Professional Firefighters, Conservation Colorado and American Federation of Teachers.
H.B. 1034 was first introduced by state Reps. Tom Sullivan and Daneya Esgar on Jan. 4, passed committee and was initially passed, 39-23, on Feb. 5 by the full House. State Sen. Jessie Danielson was the bill’s prime sponsor in the Senate, where it passed, 19-15, on Feb. 25 after amendment. The House passed the amended bill again March 4 by an identical 39-23 vote, putting the bill on Polis’ desk.
“Without these legislators’ understanding of the importance of this issue to the safety of our state’s railways, this would not have been possible,” Smith said.
Also helping the cause was strong public recognition by Colorado residents and legislators that train crew size is a safety-oriented issue.
On Jan. 9, the Colorado State Legislative Board released the results of a survey that showed strong support among Coloradans for a law requiring two-person crews. The survey, conducted Jan. 2 – Jan. 5, asked 550 random Colorado residents older than 18, using both cell phones and landlines, about issues centered around railroad safety. The results showed that 77 percent of Coloradans said that, given the chance, they would vote in favor of a two-person crew law.
A website (www.corailsafe.com) established by the state legislative board and a coalition of TD members and members of other unions also assisted in spreading understanding about the importance of the two-person legislation in Colorado, which joins Arizona, California, West Virginia and Wisconsin as states that have legislation requiring two people to operate freight trains.
“I am very pleased that Colorado has adopted this sensible requirement,” SMART Transportation Division National Legislative Director John Risch said. ”This is a matter of public safety, plain and simple. Freight railroad operations are complex and often entail the transport of highly hazardous materials; two crew members are vital to ensuring that these trains are operated safely and that our communities are secure.”
The Colorado law takes effect July 1.
Pursuant to Title 49 of the Code of Federal Regulations (CFR) § 211.45, Federal Railroad Administration Administrator Ronald L. Batory has determined that the extreme flooding currently occurring throughout the Midwest United States constitutes an “emergency event” as related to railroad operations.
In making this determination, the Administrator notes that the National Weather Service has issued flood warnings for areas throughout the Midwest and documented historic flooding throughout the region with rivers rising to historic levels in over 40 locations, causing power outages and breached dams and levees. The large amounts of snow and ice resulting from the region’s recent winter weather have melted and swelled rivers, creeks and other inland bodies of water throughout the region.
The Administrator also notes that a multitude of local governments have declared emergencies related to the flooding. Therefore, the Administrator has activated the Emergency Relief Docket (FRA-2019-0001) as of March 19, 2019 and the emergency relief provisions of 49 CFR § 211.45 are in effect.
To better understand and evaluate the use of certain technologies implemented by carriers, SMART Transportation Division is seeking information regarding the operation of the technologies such as Positive Train Control, Trip Optimizer/Leader and others.
In order for our organization to formulate a plan to protect members and the general public and to ensure the safety of the nation’s infrastructure, we are asking members to provide information when incidents or events occur that involve these technologies failing.
“By reporting these events, we can track these instances and find any trends that may be occurring with these technologies,” said Jared Cassity, alternate director — East for the SMART TD National Safety Team and Kentucky’s state legislative director.
On the right side of the main page of the SMART Transportation Division website, an electronic form for members to report a railroad technology event is linked in the box labeled “Railroad Technology Event Report.”
Reports submitted through this form go to union safety leadership for collection. These reports are not a substitute for filling out a report to a carrier or to the Federal Railroad Administration (FRA).
WASHINGTON – The U.S. Department of Transportation’s Federal Transit Administration (FTA) announced March 18 that the 31 State Safety Oversight (SSO) programs in 30 states have been certified in advance of the April 15, 2019, safety deadline.
“Safety is the department’s top priority, and we are pleased that all states have met certification requirements and are providing more rigorous state safety oversight of federally funded rail transit systems,” said U.S. Secretary of Transportation Elaine L. Chao.
Changes in federal public transportation law required states to strengthen the oversight of rail transit systems. The SSO Final Rule included a three-year compliance deadline and applied to federally funded rail fixed guideway public transportation systems such as heavy rail, light rail, monorail and streetcar systems.
“The hard work of state agencies and our shared commitment to improving the safety of our nation’s rail transit systems has been a driving force to establish stronger state safety oversight,” said FTA Acting Administrator K. Jane Williams.
To assist states in meeting the enhanced safety provisions, federal law authorized a formula grant program. Since 2013, FTA has provided approximately $136.1 million to eligible states to develop and implement a SSO Program compliant with federal requirements.
To achieve FTA certification, a SSO program had to meet several federal statutory requirements, including establishing a SSO agency that is financially and legally independent from the rail transit agencies it oversees. In addition, a state had to ensure that its SSO agency adopts and enforces relevant federal and state safety laws, has investigatory authority, and has appropriate financial and human resources for the number, size and complexity of the rail transit systems within the state’s jurisdiction. Furthermore, SSO agency personnel responsible for performing safety oversight activities had to be appropriately trained.
If a state had failed to meet the deadline, FTA would have been prohibited by law from awarding any new federal transit funds to transit agencies within the state until certification was achieved.
The AFL-CIO’s Transportation Trades Department (TTD) on March 11 announced the railroad industry issues that the coalition of transportation unions, of which SMART Transportation Division is a member, will prioritize in the coming months.
Of the highest importance, the policy statement identified continuing the progression of safety measures, including national legislation.
“More can and must be done to further improve safety, minimize risk on railroads, and ensure frontline workers and the communities they operate in are fully protected,” the TTD said in its policy statement. “By reauthorizing the now-expired Rail Safety Improvement Act of 2008 (RSIA), closing perilous loopholes in existing regulations, and advancing common sense safety regulations that prioritize a vibrant and healthy rail workforce, Congress and the administration have an opportunity and obligation to ensure that the future of rail is safer than ever before.”
The policy statement also identified five key points of focus:
- Addressing Fatigue with Common Sense Solutions
- Single Crew Member Trains are Unsafe
- Protecting Rail Workers from Assault
- Ensure Cross Border Safety and Security
- Working Together for a Safe and Risk Free Rail Industry
“Rail workers cannot be expected to do more with a reduced workforce, fewer resources, and less sleep while simultaneously improving safety and minimizing risks,” the TTD concluded. “Rail labor will work vigorously with Congress to ensure adequate safety measures are implemented through the reauthorization process and will challenge any attempts that are made at the expense of safety, workers’ rights and their jobs.”
The policy statement was released in conjunction with the TTD’s Executive Committee meeting in New Orleans.
Read the full policy statement.
The Washington State Legislative Board had some good news to report this week about its effort to get two-person crew legislation passed in the state.
“For six consecutive years, we have doggedly pursued passage of this critical public safety bill. Today, for the first time we advanced train crew size legislation to the floor of the full House for a vote,” Washington State Legislative Director Herb Krohn reported. “House Speaker Frank Chopp personally presided over the chamber for this historic vote.”
The bill, H.B. 1841, passed, 72-24 (with two excused absent members), on March 13, marking the first time the Washington House of Representatives has OK’d final passage of train crew size legislation, Krohn said.
The passage marks the halfway point of efforts to get the legislation passed in Washington state. It next needs passage in the state’s Senate before heading to the governor’s desk.
“This year, the carriers have waged the most aggressive campaign ever against all of our rail safety bills,” Krohn said. “We can expect they will turn the heat up even higher and expend even greater resources in opposition as the bill is considered by the state Senate.
“It will continue to require dogged persistence along with considerable efforts on our part to overcome the organized business coalition the railroad carriers have strung together in their quest to block us from moving crewing legislation across the finish line into state law.”
To get aboard the Washington State Legislative Board’s efforts to get this legislation passed, visit the board’s website, or link to them on Facebook.