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Brothers and sisters,

I wanted to open this column by expressing my continued admiration to the dedication and drive all members of the SMART Transportation Division have shown in the face of adversity.

As an example, our bus members in Santa Cruz out of Local 23 have coped with weather challenges posed by massive flooding in the area and helped to evacuate people to safety. Elsewhere on the West Coast, the Midwest and in the Northeast, we’ve dealt with our share of storms that make our work more difficult and stressful for bus operators, transit workers, passenger rail, air and freight rail workers.

I want to thank you for showing up. You do the work that others are unwilling or cannot do, and that keeps this country moving. You are appreciated, and when I travel to your area, I will tell you that in person.

A special congratulations goes out to the members of Local 1715 in Charlotte who ratified a new contract by a near-unanimous margin that secures a significant wage increase and other positive gains. Thank you, General Chairperson Joseph Paglia, Vice General Chairperson and Local President Christy Kiser, Local Chairperson Stanley Valentine, Secretary & Treasurer Chris Johnson, Local Committee of Adjustment Secretary Sabrina White and Bus Department Vice President Calvin Studivant for getting such a positive result!

Congratulations also go out to the Ohio State Legislative Board and State Legislative Director Clyde Whitaker, who made Ohio the ninth state to require a minimum two-person freight rail crew. His poise and truthful testimony in March before the U.S. Senate served as a great example for all of labor. He did a fine job.

You do the work that others are unwilling or cannot do, and that keeps this country moving. You are appreciated, and when I travel to your area, I will tell you that in person.

While we’ve each dealt with our own adversity over the past months, the people of East Palestine, Ohio, have dealt with a unique set of challenges. Thanks to a situation that they had no role in creating, the greed of Precision Scheduled Railroading (PSR) came to an ugly head in the southeastern Ohio town.

The headlines and situation following the derailment there in early February are all too familiar, and each subsequent derailment in the months since has made headlines. People in East Palestine have been left with many questions. As the NTSB is thoroughly investigating the derailment to answer the question of “How” this scenario came to pass, we all know the answer to “Why?” PSR and its disregard for safety placed a higher value on getting Norfolk Southern’s train across the road than it did on safeguarding the communities it travelled through or the wellbeing of the crew on it.

The results have been splashed all over your televisions and news feeds. As we pray for the victims and hope that claims made by the carrier, EPA and local officials are true that the people of East Palestine are not in danger, we all owe it to those people to prevent that scene from playing out again and again and again.

Drone footage, doorbell cameras and interviews of the people directly affected have emphasized the points SMART-TD has been making for years about the destructive potential of PSR. With the national attention that has been generated by derailments, it is imperative that we disseminate the facts as we know them and continue to repudiate the role corporate greed plays in the rail industry, making community and worker alike less safe.

It is imperative that we harness this momentum to bring about some good from these disasters. Many states have seen progress on crew-size and train-length bills as the national discussion continues to examine rail safety. It is important that as our families, friends and neighbors come to us as industry experts, we are open and honest about the root cause. We need to stand together and to deliver the truth about the carriers’ conduct and what it has done to jeopardize our personal safety as well as the safety of every city and village we roll through.

As you are all aware, this past quarter has been one of much activity for SMART-TD. I want to take this opportunity to personally thank you for your continued professionalism, and I want to assure you that SMART-TD is engaged in every aspect of what is happening on both national and local levels. We are a party to the investigations into all of the recent derailments, as well as the wave of rail safety legislation that is getting headlines. We stand committed to making your voices heard in the halls of Congress as well as the backrooms of the nation’s rail carriers.

In freight negotiations, Luke Edington and his fellow officers at GC-953, as well as Rick Lee and his officers at GO-049 have leveraged gains on their respective properties into tentative agreements before the membership. GC-953’s agreement preserves the conductor position on Union Pacific and the carrier has withdrawn its nomadic “expediter” plan. GO-049 has achieved for the first time the chance for paid sick leave among T&E employees. I applaud their diligence in working to get these tentative agreements before our members and look forward to seeing other carriers follow suit in crafting similar on-property contracts.

Please continue to keep yourself safe and watch out for your brothers and sisters in your crew base. We will be remembered not for our career accomplishments but for how well we serve as one another’s keeper in trying times like the present.

Fraternally,

Jeremy R. Ferguson
President, Transportation Division

Fall Economic Statement

SMART appreciates the federal government’s continued investment in the Union Training Innovation Program (UTIP) — a vehicle for new training dollars for our local unions and training centres. We were pleased with the additional language in the Fall Economic Statement linking tax subsidies and credits for green energy technologies in the private sector to good-paying, middle class jobs with commitments to apprenticeships. We recommend that the eligibility of the tax credit is dependent on meeting prevailing wage requirements. The prevailing wage should be determined by the best total wage package (including benefits and pension) available in the province, to ensure the creation of the best job opportunities and attract Canadians to the skilled trades.

Also announced in the Fall Economic Statement: the Investment Tax Credits for Clean Tech and Clean Hydrogen, meant to make Canada competitive with the tax credits announced in the United States’ Inflation Reduction Act. The transition to net-zero is a once-in-a-lifetime economic shift, not seen since the industrial revolution. Let’s make sure Ottawa understands that these tax credits must be tied to the best wages and benefits for skilled trades workers. That includes creating more opportunities for apprentices and equity-deserving groups to start a career in the trades.

Other highlights from the Fall Economic Statement include:

  • $250M for sustainable jobs investments, including the creation of a new Sustainable Jobs Training Centre, a new sustainable jobs stream under the UTIP and a Sustainable Jobs Secretariat.
  • $26.3M over five years, starting in 2023-24, for the government to take stronger action against non-compliant employers through orders, fines and prosecutions to enforce the Canada Labour Code.
  • $1.02B to Service Canada to process EI and OAS claims faster while reducing the EI claims backlog, and $574 million to reduce EI and OAS call centre wait times.
  • Making all Canada Student Loans and Canada Apprentice Loans permanently interest-free, including those currently being repaid, beginning on April 1, 2023.
  • Introducing two new refundable tax credits for the capital cost of investments in clean technologies and clean hydrogen production. For both tax credits, the government will incentivize companies to create good jobs by scaling access to the tax credit for companies that pay prevailing wages based on local labour market conditions and ensure that apprenticeship training opportunities are being created.
  • The announcement of the government’s intention to introduce a corporate-level 2% tax that would apply on the net value of all types of share buybacks by public corporations in Canada, similar to a recent measure introduced in the United States.
  • $137 million for the CBSA to enhance frontline capacity and hire additional officers to alleviate border pressures and prevent prohibited or restricted goods from entering Canada.

The transition to net-zero is a once-in-a-lifetime economic shift, not seen since the industrial revolution. Let’s make sure Ottawa understands that these tax credits must be tied to the best wages and benefits for skilled trades workers.

Thank you to all the members, building trades unions and staff who have been actively sending letters and lobbying on these issues. The Liberal/ NDP Cooperation Agreement in parliament has also been instrumental in these progressive initiatives.

Eastern Conference Meeting

On March 14, Locals 56, 409, 437 and 512 gathered in Sydney, Nova Scotia for the first of their biannual meetings. Topics included ongoing projects, happenings in each of the local areas, organizing and the upcoming Canadian Council of Sheet Metal Workers and Roofers, which will be held on July14–15, 2023 in Saskatchewan.

The Eastern Conference also held its first apprentice competition, established to help apprentices have a better understanding of what to expect at the national level. All three apprentices were very nervous at the start of the day but quickly eased into the program and worked hard to complete their project. Thank you to Local 56 for graciously hosting the conference and apprenticeship competition! A job well done by all. Congratulations to Alex Hachey, Nick Skerry and Mitch Campbell, who finished first, second and third, respectively.

Legislative Conference 2023

The theme of the Canadian Building Trades Unions legislative conference this May is “Building Jobs for Tomorrow.” There will be two workshops available to delegates. “Carbon Capture and Storage” will be presented by Pathways Alliance — an organization representing Canada’s six largest oil sands companies — on its project to build one of the world’s largest carbon capture and storage facilities in the oil sands region of northern Alberta. The other workshop is on hydrogen. We will hear from Bear Head Energy on Nova Scotia projects to produce green hydrogen and ammonia and the employment opportunities that such innovative projects will provide for our members in the construction industry.

According to the Canadian Hydrogen Strategy, hydrogen could meet 24% of global energy demand by 2050 and help Canada meet its climate goals. The hydrogen sector is expected to create 350,000 well-paying jobs over the next three decades. As Canada sets its target for net-zero emissions by 2050 and continues retrofitting all buildings across Canada, the need for our highly skilled members to carry out this work is vital. Our members can help reduce our carbon footprint.

Recognition of Dedication

On December 31, 2022, International Representative Mark Curtis retired after 42 years of active service.

During his distinguished career, Brother Curtis served the members of Local 276 (Victoria) as business manager/financial secretary-treasurer, president of the Canadian Council of Sheet Metal Workers & Roofers and in the International Association, where he sat as a General Executive Council member and third general vice president before being appointed as international representative for Western Canada.

Brother Curtis graduated from high school in 1977 and began his sheet metal apprenticeship in 1980, earning his journeyperson’s ticket in February 1985. He worked on the architectural side for various employers including Universal Sheet Metal, Peak Roofing, Central Sheet Metal and Victoria Shipyard. In 1999, he was elected as business manager of Local 276, a position he held until 2015, when he was appointed by then General President Joseph Nigro to represent Canada as an international representative.

Brother Curtis has worked tirelessly for architectural sheet metal to be recognized as a Red Seal trade in Canada. During his career he has represented on various industry committees and councils such as:

  • Liaison Dockyard Council
  • Vancouver Island Building and Construction Trades Council
  • Vancouver Island Metal Trades Council
  • Trustee of Local 276 Health Plan & Pension Plan
  • Vancouver Island Joint Apprenticeship Committee
  • Canadian Council of Sheet Metal Workers & Roofers
  • Local Union & Council Pension Plan Trustee (Canada)
  • Third General Vice President of the International Association

In February 2023, at a meeting of the Western Canadian Conference of Sheet Metal Workers & Roofers, Brother Curtis was presented with a plaque of recognition for his service. On behalf of all the members, thank you for your years of dedication and service, and may you have a long and healthy retirement enjoying time with your wife, Nola, your friends, family and especially the grandkids!

In Solidarity,

Chris Paswisty
Director of Canadian Affairs

Image credit: Metropolitan Transportation Authority of the State of New York, CC BY 2.0 https://creativecommons.org/licenses/by/2.0, via Wikimedia Commons”

Funding from the Bipartisan Infrastructure Law helped jumpstart two enormous projects on the East Coast in January, creating jobs for SMART sheet metal workers and bettering the working conditions of SMART Transportation Division members. In Baltimore, SMART TD Alt. National Legislative Director Jared Cassity joined Amtrak officials, President Biden and others to kick off the B&P Tunnel Replacement Program. The Civil War-era tunnel will be replaced by the brand-new Frederick Douglass Tunnel, increasing reliability, capacity and speed from 30 mph to a peak of 110 mph. Not only will this save commuters time on the largest rail bottleneck between Washington, DC and New Jersey; thanks to a new project labor agreement (PLA), both SMART sheet metal workers and SMART Transportation Division members working at Amtrak stand to benefit.

“The sorely needed replacement of the B&P Tunnel represents one of the largest infrastructure projects in the region,” SMART General President Joseph Sellers said at the time. “It will improve the lives of Amtrak riders and the SMART TD members who work those trains, and the PLA covering the project will ensure the job is completed by highly skilled workers — lifting local communities up in the process.”

The PLA, negotiated by Amtrak and the Baltimore-DC Building and Construction Trades Council, will cover the replacement of the Warwick Bridge and is the first of its kind under a 2021 Memorandum of Understanding (MOU) between Amtrak and North America’s Building Trades Unions (NABTU). The MOU will pertain to Amtrak’s major civil engineering projects moving forward, including the remaining phases of the B&P Tunnel Replacement Program, and will help put SMART sheet metal members to work on critical infrastructure jobs across the country.

The project will also improve working conditions for SMART TD Amtrak employees. The B&P Tunnel is Amtrak’s oldest tunnel on the Northeast Corridor, and it has endured a range of age-related maladies, including excessive water infiltration, structural deterioration and delays that impact more than 10% of trains during the week. Now, thanks to the receipt of funding from the Bipartisan Infrastructure Law — as well as a $450 million contribution from the state of Maryland, which will combine with Amtrak’s intended commitment of approximately $750 million — the SMART TD members on those trains can look forward to performing their duties with significantly less hassle.

“Our members are ready to take on this work, and we as an organization are ready to bring in new members and elevate the working class throughout this nation.”

Further north, $292 million in infrastructure funding is spurring the completion of the Hudson Tunnel modernization project, which will rehabilitate the old North River Tunnel connecting New York and New Jersey, build a new tunnel and improve reliability for the 200,000 passengers who traverse the tunnel each weekday. President Biden visited New York City to champion the project on January 31, 2023, where he noted that this phase of the project would create 72,000 jobs.

“Yesterday in Baltimore, I announced that we’re building [the B&P Tunnel project] under the new project labor agreement. And we’re making sure there is [a PLA] here as well,” Biden said.

Funding for the modernization project faltered under the previous president’s administration. But thanks to the passage of the Bipartisan Infrastructure Law in 2021, construction can resume in earnest for this crucial phase. This alone put tens of thousands of union members to work — and once the tunnel has been fully modernized, it will vastly improve working conditions for SMART Transportation Division members working at Amtrak and regional transit systems.

“Since the passage of the Bipartisan Infrastructure Law, we’ve seen time and again how important critical infrastructure projects are for our members — both the sheet metal members who work on these projects, and the transit workers who keep our country moving every day,” said General President Sellers. “We applaud the pro-labor leadership of Congress and the Biden administration in putting these funds directly towards projects that benefit working people.”

In addition to New York and Baltimore, the AP reports, infrastructure law funding will spur work on the Brent Spence Bridge, which connects Kentucky and Ohio; the Calcasieu River Bridge in Louisiana; a commuter rail project in Illinois; the Alligator River Bridge in North Carolina; a transit and highway plan in California; and roadways in Oklahoma, Pennsylvania and Mississippi.

“Funding from this law — along with renewed investment from private companies — is creating a level of opportunity across our country that is almost unheard of,” SMART Assistant to the General President Darrell Roberts remarked. “Our members are ready to take on this work, and we as an organization are ready to bring in new members and elevate the working class throughout this nation.”

The United States Bureau of Labor Statistics released its annual report in January 2023, revealing a growth in domestic union membership and illustrating the urgency with which unions like SMART must organize nonunion workers and lobby for new labor laws.

American union membership grew by 273,000 workers in 2022 – matching the surge in organizing witnessed last year, as evidenced by a 53% increase in National Labor Relations Board union election filings.

“Despite the antiquated state of the United States’ labor laws, and despite the anti-worker attacks of CEOs like Jeff Bezos, Howard Schultz and others across industries, workers kept organizing in 2022,” said SMART General President Joseph Sellers. “In our own union, we saw victories everywhere from Philadelphia to Ketchikan, Alaska. The fact that workers continue to persevere in the face of powerful, well-funded opposition serves as a reminder that we must keep up the fight to organize working people in every state.”

Unfortunately, despite high-profile victories at anti-labor corporations like Amazon and Starbucks, nonunion jobs were added to the U.S. economy at a faster rate, lowering American union density to 10.1% of the total workforce. That includes the construction industry, where the percentage of unionized workers dropped from 13.6% to 12.4%, and the transportation and warehousing sectors, where the number of workers represented by a union grew by 46,000, but union density dropped from 16.1% to 15.5%.

Even with those decreases, though, the Economic Policy Institute calculates that more than 60 million workers wanted to join a union in 2022 but couldn’t, often due to illegal union-busting by employers. Additionally, a Gallup poll found that 71% of Americans approve of labor unions – the highest number in almost 60 years.

“These statistics tell us two things,” explained SMART Director of Organizing Darrell Roberts. “First, U.S. labor law needs drastic overhaul, which Congress can take a first step towards by passing the Protecting the Right to Organize (PRO) Act. Second, every member of this union – from international leadership to rank-and-file members across the country – needs to commit to bringing workers into our union at a mass scale.”

SMART members know first-hand the better pay, working conditions and family-sustaining benefits that unions achieve through collective bargaining and solidarity, Roberts added. That power can only be strengthened if we focus on bringing more workers into our ranks.

“The open shop is adding jobs at a rate that aims to threaten our market share, but we know that workers want what we can provide: good, middle-class jobs,” he said. “We will persevere in our organizing across the U.S. and Canada to make sure more workers can achieve that goal.”

The Belonging and Excellence for ALL (BE4ALL) Committee launched its first-ever Toolbox Talk on January 19, 2023 — the initial step in an ongoing effort designed to educate, spread awareness and help strengthen SMART and the unionized sheet metal industry. Toolbox Talk #1, titled “On Being a Good Crewmate,” touted the importance of creating welcoming workplace environments and developing a sense of camaraderie and mentorship on the job.

“Studies have shown that new employees, including apprentices, who receive support and mentorship are twice as likely to complete their training and remain successfully employed,” the Toolbox Talk read. “A positive work environment has been shown to alleviate stress not only on the jobsite but in other areas of life as well. We must support each other!”

The BE4ALL Committee will be distributing Toolbox Talks every other month as part of its ongoing work. Those talks will then be given and discussed at local unions, JATCs and jobsites across the country. The goal, the committee says, is for the Toolbox Talks to reduce bullying, harassment, hazing and discrimination on jobsites, and to promote solidarity among SMART members.

“BE4ALL’s mission is to create a culture of excellence, foster a welcoming work environment for all of our members and retain our skilled workforce,” said SMART General President Joseph Sellers. “Our trade relies on teamwork and the solidarity that comes from having each other’s backs, and we hope that these Toolbox Talks will strengthen the connections between all our brothers and sisters.”

Read the first Toolbox Talk here.

Ohio native Cassandra Kline has been hired as NEMIC’s director of building construction technology. In that role, she serves as a field representative to SMART locals all over the United States and Canada and is responsible for creating and implementing strategies for the use of new and existing technologies in order to expand skills and opportunities for SMART sheet metal workers and signatory employers.

“I’m building relationships with local unions and contractors, promoting new business ideas and technology, as well as representing NEMIC on committees and developing documents for American National Standards Institute (ANSI) accreditation,” Kline said.

As a second-generation sheet metal worker, Kline began her apprenticeship on the advice of her father, who served as the training coordinator at Local 33 in Toledo, Ohio. Kline’s brother is also a sheet metal worker, and she has an uncle who works in the electrical trade, so union life runs in her family. After graduating high school, Kline moved to Panama City Beach, Florida, and worked in the food and beverage industry for several years before returning to Toledo to take a job as a shop maintenance manager’s assistant. This sparked her interest in the field, and she tested and entered the apprenticeship, graduating in 2020.

During that time, she worked at VM Systems Inc., where she gained experience in TAB, architectural, commercial and heavy industrial applications of sheet metal work. In 2021, Kline took classes through the International Training Institute and became a part-time instructor at Local 33 for fire life safety, indoor air quality and TAB. She then joined Gem Inc. as a field supervisor for the TAB division and was soon promoted to service manager.

She says her rise in the field is a testament to the fact that the sheet metal industry provides opportunities to anyone willing to put in the time and effort.

“Be prepared for the opportunities. Show up, work hard and learn everything you can,” she said.

Kline has been settling into her new role and is enthusiastic about working with the rest of the NEMIC staff.

“I’m fortunate to be surrounded by a great team,” she added. “I’m learning every single day and have great mentors looking out for me and helping guide me along the way.”

Kline spends her spare time golfing and enjoying walks with her dog, Huckleberry.

Vince Alvarado, a longtime business manager for SMART Local 49 in Albuquerque, New Mexico, joined NEMIC this past fall as the fund’s new director of implementation. Alvarado has been tasked with overseeing some of NEMIC’s legislative initiatives and working to implement solutions that NEMIC identifies across the country.

NEMIC Director of Implementation Vince Alvarado

“I’m working on the ‘how’ of things. How can we assist locals and contractors in states where we’ve passed legislation on indoor air quality, for example? We get the legislation passed, but there may be no enforcement. We need to change that,” Alvarado said.

Alvarado started working for a small independent refrigeration contractor as a junior in high school. He apprenticed at Local 49 and went on to serve in various leadership roles there, culminating in his election as business manager/financial secretary in 2010. After a few years, he was also elected to serve in a statewide leadership role as president of the New Mexico Federation of Labor, AFL-CIO, in 2018.

In both roles, Alvarado had to find ways to influence local politics. For SMART, he worked on smoke and fire damper legislation. As the leader of the AFL-CIO New Mexico state federation, he assisted in getting various types of legislation in front of state decision makers, most aimed at improving health and safety outcomes for working people and their families.

At NEMIC, Alvarado looks forward to helping people and organizations like Local 49 on this much larger scale, and he realizes he will need to navigate political scenes that may be more complex than he’s previously experienced. COVID introduced to the world many of the issues with indoor air quality, and now it’s time to work to help fix those issues, he said.

“I’ll be working with new faces, which is exciting, but it could be difficult, if I don’t understand the political landscape,” Alvarado said. “While I could approach solutions in my work at Local 49 entirely from a working family perspective, I now have to approach it with more groups in mind. That could be a challenge.”

Even before the pandemic, Alvarado was fighting to improve indoor air quality regulations, along with smoke and fire damper laws. In 2019, Local 49 fought for and passed SB 143 — the nation’s first statewide fire safety law. Alvarado subsequently worked with leaders in Nevada, New Jersey and Hawaii to pass similar legislation.

NEMIC is saying “see you later” to two longtime sheet metal stalwarts who recently retired after decades of valu­able service. Their hard work and the countless contributions they have made as leaders have kept our industry at the forefront of the skilled construction trades.

John Hamilton, director of imple­mentation for the Testing, Adjusting and Balancing Bureau (TABB), began his career as a sheet metal apprentice in 1982. Born in Saint Paul, Minnesota, John has been a member of Local 10 in Maplewood, Minnesota, his entire career.

John attended Saint Paul Technical College and graduated with an associate degree in sheet metal and HVAC, which jump-started his apprenticeship. After his apprentice­ship, John spent five years as a field foreman and manager of testing, adjusting and balancing (TAB) jobs at Harris Mechanical in Saint Paul. He advanced by joining the National Energy Management Institute (NEMI) as a field representative and then the International Training Institute (ITI), the education arm of the unionized sheet metal industry, as a regional coordinator. During that time, he founded the train-the-trainer program for TAB instructors and developed the current ITI/ NEMIC air duct calculator.

As a regional coordinator, John served as the technical expert for many of the current ITI training modules, including fire life safety, sound and vibration, piping systems, ventilation/indoor air quality, pumps, fans, psychometrics, the TAB manual and the TABB home study course for test and balance.

In 1995, he was hired as the chief operating officer (later, director of implementation) of TABB. There, he helped craft the current International Certification Board (ICB)/TABB certification program; lobbied for fire life safety legisla­tion in cities, counties and states nationwide; worked to get TABB-specific language into thousands of construction specifications; and was instrumental in the accredi­tation of ICB/TABB to ISO/IEC 17024 by the American National Standards Institute (ANSI) National Accreditation Board (ANAB).

Scott Hammond, NEMIC’s director of research, is a lifelong resident of Circleville, Ohio. Scott joined SMART Local 24 in Columbus as an apprentice in 1986. As a young journeyperson working with Speer Mechanical, he was appointed to a committee to investigate the establishment of a defined contribu­tion pension plan in the Columbus district. In 1999, he became an organizer with Local 24, where he reached out to potential members and oversaw the youth-to-youth program. He took on additional responsibilities when he was elected business representative in 2008.

In 2011, he became business manager for Local 24. In this role, Scott, his team and fellow leaders of other Ohio locals worked to get ordinances passed in cities and counties around the state to require damper inspections and repairs by ICB-certified technicians.

As the director of research for NEMIC, he used his extensive knowledge of fire damper legislation to help members across the country educate their local politicians, fire and building inspectors and building owners about the impor­tance of HVAC fire life safety.

Scott also served as a trustee on several Employee Retirement Income Security Act (ERISA) and Taft-Hartley funds, and he has represented sheet metal workers on multiple funds, boards and committees, including Mayor Andrew Ginther’s Labor Advisory Committee, established by the city of Columbus, and the Ohio State Building Trades Council Executive Board.

In the aftermath of February’s rail disaster in East Palestine, Ohio, the U.S. Senate Commerce Committee held a key hearing on March 22 on “Improving Rail Safety in Response to the East Palestine Derailment” to get to the bottom of what went wrong in the accident and to discuss the bipartisan Railway Safety Act of 2023.

The committee had an all-star cast of witnesses who testified, including two U.S. senators; Ohio Gov. Mike DeWine; East Palestine resident Misti Allison, who represented the community; National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; Norfolk Southern CEO Alan Shaw; Association of American Railroads (AAR) CEO Ian Jeffries and SMARTTD’s Ohio State Legislative Director (SLD) Clyde Whitaker. To begin the hearing, U.S. Sens. Sherrod Brown and JD Vance kicked off the day explaining in detail the bill, S.B. 567, they’re putting forward.

Brown began his comments by thanking the witnesses for testifying and referred directly to SLD Whitaker, calling him “an unrelenting advocate for safe working conditions for his members and all people working in Ohio railroads.”

Brown then went on to discuss why this legislation is so necessary.

“Norfolk Southern followed the Wall Street business model,” he said. “Boost profits and stock price by eliminating, over the last decade, 38% of its workforce.”

WATCH: SMART-TD Ohio State Legislative Director Clyde Whitaker testified about rail safety issues before a U.S. Senate committee in March 2023.

He went on to describe Precision Scheduled Railroading (PSR) perfectly, saying, “They cut cost to boost profits. The communities along their route be damned!”

Vance followed Brown, explaining that the intention of the bill is not to put the government in charge of day-to-day operations of America’s railroad companies (like the bill’s outspoken opponents would like the public to believe). He addressed the concern of the rail carriers who have made it known that they feel the legislation is an overreach by Congress, stating plainly: “You cannot on the one hand beg the government to bail you out of a labor dispute three months ago and then say that it’s ‘big government’ to have proper safety standards in the way that you conduct your railroads. It’s a ridiculous argument, and it doesn’t pass the smell test.”

Gov. DeWine followed the Buckeye State’s senators and weighed in heavily on behalf of the residents of East Palestine. He started by describing life as it was in the village of 4,700 leading up to events of Feb. 3, 2023. He walked the committee through the Norman Rockwellian Friday night where the community was keenly focused on the high school basketball game in progress until the unthinkable happened.

“Life stopped being normal for everyone in this community — it stopped feeling safe — when 38 cars of that Norfolk Southern freight train, carrying hundreds of thousands of pounds of hazardous materials, hurtled off the track. In an instant, life turned upside down,” he said.

DeWine went on to describe the tough questions facing residents of East Palestine revolving around their physical health as well as the viability of their community’s future. These points were driven home by witness Misti Allison. Allison, a resident of East Palestine for the last four years, was testifying in front of the Senate committee on behalf of her community. In her own words, her goal was “to put a face on this chemical disaster.”

In addition to emphasizing DeWine’s points in reference to the health concerns swirling around in East Palestine, she shared other details about a community shattered. Among the issues she brought to the committee’s attention were home equity of the residents, the viability of local businesses and the concerning contradictions in the results of various sources of environmental testing of air, water and soil samples.

From left, National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; SMART-TD Ohio State Legislative Director Clyde Whitaker; Norfolk Southern CEO Alan Shaw and Association of American Railroads CEO Ian Jefferies appear March 22 before the U.S. Senate Commerce Committee in a hearing regarding rail safety.
From left, National Transportation Safety Board Chair Jennifer Homendy; David Comstock, chief of the Ohio Western Reserve Joint Fire District; SMART-TD Ohio State Legislative Director Clyde Whitaker; Norfolk Southern CEO Alan Shaw and Association of American Railroads CEO Ian Jefferies appear March 22 before the U.S. Senate Commerce Committee in a hearing regarding rail safety.

The most telling and unique issue she brought to light was the still-developing mental and emotional health concerns of the community post-derailment. She pointed out the ramifications the derailment has had, especially among the youth of East Palestine, in her written testimony: “Kids are not allowed to play on the playground because it hasn’t been cleaned. So the kids now play a game they invented called ‘EVACUATION’ during recess. This train derailment has robbed our kids of their childhood, and perhaps more,” she said.

This imagery is powerful and takes the importance of the Railway Safety Act of 2023 out of the realm of financial ramifications and puts it squarely in the arena of human rights.

At the conclusion of Allison’s testimony, Brother Whitaker took the stage to speak our union’s truth directly to power. SLD Whitaker explained in detail the effects PSR has had on our industry from the ground level.

In July 2022, Whitaker filed a complaint with the Federal Railroad Administration (FRA) directly reporting that Norfolk Southern had been ordering their crews to disregard warnings from wayside defect detectors in his state and to keep their trains rolling after receiving alerts of hot bearings.

He informed the senators that he had personally cautioned the FRA months prior to the East Palestine derailment that carriers’ business practice and adherence to the PSR doctrine was putting our crews and communities in harm’s way.

“PSR has made the Class I railroads more than $160 billion in profit since 2015 while at the same time causing the greatest degradation of safety in modern-day railroading,” he said in his written testimony. “As we have all seen in East Palestine, this cut-your-way-to-profit model is not sustainable and it is very, very dangerous.”

He further emphasized the impact of PSR on safety by talking about the current state of safety inspections of rolling stock and maintenance of equipment.

“No longer is identifying defects the goal of inspections. Instead, the goal is to minimize the time it takes to perform them or the elimination of them altogether, so the trains keep moving,” he said. “Compound this with the fact that the railroads are on a determined course to grow these trains to astronomical lengths and you have a predictable outcome, and that outcome is East Palestine.”

June is an important month for SMART: It marks 18 months since the launch of the Belong­ing and Excellence for All (BE4ALL) effort. This repre­sents a significant milestone for our organization. It underscores our commitment to creating environ­ments where all workers feel seen and heard, and where they know that they belong.

BE4ALL launched in December 2021 with a stated vision: to create a diverse, inclusive and unionized sheet metal industry that is welcoming and fosters belonging for all. Three organi­zations — SMART, SMACNA and ITI — guide the work of the initia­tive. Each is represented on the joint BE4ALL Committee, which includes members appointed by General President Joseph Sellers.

Eighteen months later, we have a lot to report. Here are a few highlights:

BE4ALL 2023 Calendar

BE4ALL launched its first calendar in January 2023. The calendar is a tool for members, employees and colleagues to learn more about the different cultures and faiths that make up our industry. Local unions and employers have been asked to post the calendar in a public space, such as a break room, lunchroom or community meeting area. The hope is that the calendar will spark conversation about the diverse cultures and lived experiences reflected in our industry.

Bathroom Kits

Through the International Training Institute (ITI), BE4ALL has distributed hundreds of bathroom kits to JATCs across the country. The kits are the result of appren­tices pointing out the absence of menstrual products in local training facilities. As General President Sellers stated in a recent letter to JATC co-chairs, trustees and coordina­tors, providing menstrual products “creates a better learning environ­ment” and lessens “potential stress.” In the future, the goal is for the kits to be present across the industry.

Bias and Belonging Training

BE4ALL has rolled out a new training program called Bias and Belonging. The program seeks to raise awareness about ways that implicit bias — stereotypes that we are not aware that we have, and that may lead to unintentional harm — impacts our day-to-day decisions. The training also offers evidence-based tools and strategies for how workers can reduce and interrupt their implicit biases. To date, more than 100 JATC coordinators and instructors have been trained. For 2023, the plan is to expand the training to the broader membership.

Toolbox Talks

The BE4ALL initiative recently launched BE4ALL Toolbox Talks. The first “talk” focused on Being a Good Crewmate and offered concrete tips for how to support coworkers and colleagues. Ideas included teaching people how to use tools and equip­ment properly, as well as checking in on your teammates and their well-being. Upcoming Toolbox Talks will be published every other month.

Learning Journeys

Another key accomplishment has been the BE4ALL Learning Journey program. These are 90-minute virtual workshops aimed at raising awareness about issues and topics important to our industry, including events of historical and cultural importance to our membership. To date, BE4ALL has conducted seven Learning Journey sessions. These sessions have focused on mental health aware­ness, Pride Month, Indigenous Peoples’ Day, Hispanic Heritage Month and Black History Month, just to name a few.

This year, BE4ALL will host its second Juneteenth Learning Journey and will introduce other activities in observance of this important date in history.

What is Juneteenth?

On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring freedom for those who were enslaved. This did not immediately end slavery in the United States, but it did trans­form the Civil War, as every advance of federal troops expanded the range of freedom.

Two years after the Emancipation Proclamation, on June 19, 1865, 2,000 federal troops arrived in Galveston Bay, Texas. The 250,000 enslaved people in the state of Texas began to learn of their freedom – and of the end of the war. The day became known as “Juneteenth” by the newly freed people of Texas, and honors the end of slavery in the United States.

Juneteenth is considered the longest-running holiday for Black Americans. In 2021, President Biden proclaimed June 19th to be a federal holiday. In his 2021 procla­mation, President Biden said: “On Juneteenth, we recommit ourselves to the work of equity, equality, and justice. And we celebrate the centu­ries of struggle, courage, and hope that have brought us to this time of progress and possibility.”

The observance of Juneteenth is not just for Black Americans, but for the entire nation. Renowned historian Henry Louis Gates, Jr. said of Juneteenth: “For a country built upon the love of freedom, any manifestation of the enjoyment of freedom should be celebrated by all our countrymen.”

Celebrations may include:

Attending Juneteenth celebra­tions in your community

  • Learning more about the history of Juneteenth and sharing that history with family and peers
  • Visiting museums and commemorative sites that honor the history of African Americans
  • Hosting or sponsoring guest speakers and/or educational opportunities
  • Supporting Black history organizations and Black-owned businesses

Call To Action: To receive regular BE4ALL text or email updates, text “BE4ALL” to 67336 (message and data rates may apply).