October 12, 2022 — The membership of the SMART Railroad, Mechanical and Engineering Department (SMART MD) has voted to ratify a tentative agreement with the carriers, after almost three years of negotiations between the union and the National Carriers’ Conference Committee (NCCC). The vote was passed with a 54% margin in favor of the negotiated contract.
The ratified contract includes historic wage increases, five annual service recognition payments, an additional paid day off and enhanced healthcare benefits. Members will immediately receive a 13.5% wage increase, and members will also receive retroactive pay and $3,000 in service recognition payments within 60 days.
“It was up to our members to decide whether to accept this agreement, and the members have made the decision to ratify a contract with the highest wage increases we have ever seen in national freight rail bargaining,” said Joseph Sellers, Jr., general president of SMART. “However, we hear the concerns of our members who may be disappointed in the outcome of this vote, and I promise that we will never stop fighting to ensure that they receive the wages, benefits and working conditions that they deserve for keeping the American economy running.”
SMART published the first episode of SMART News – a new video/web show focused on issues of importance to SMART members and working families across North America – on September 27, 2022, responding to feedback from SMART workers on the information from their union that they find relevant.
“SMART News will focus on issues that matter to you, your job and your family,” said Paul Pimentel of SMART Communications during the first episode. “This is your news, your union, delivering information that matters to you.”
SMART News is intended to fill an information void for SMART members and other workers in North America by specifically addressing events and developments that impact their lives and their communities – in other words, news that often goes uncovered. The first episode features an update from SMART Transportation Division President Jeremy Ferguson on freight rail contract negotiations; information on new megaprojects and indoor air quality work for sheet metal workers; a discussion on progress made for SMART members with General President Joseph Sellers; an overview on the FRA’s proposed two-person crew regulation from TD Alt. National Legislative Director Jared Cassity; and much more.
Watch the full episode above, or find specific links to segments of the show below. To watch an extended interview with TD President Ferguson, text RRContract to 667336.
Today the United States Department of Labor (DOL) announced a final rule to rescind the Industry-Recognized Apprenticeship Program (IRAP), and will instead direct the department’s resources toward registered apprenticeships. The DOL issued this final rule after reviewing the IRAP as required by Executive Order 14016, in which President Biden directed federal agencies to consider rescinding “any orders, rules, regulations, guidelines, or policies” implemented by the previous president’s Executive Order 13801, which promoted IRAPs.
SMART issued the following statement in response:
“We commend the Department of Labor for following through on President Biden’s executive order and recognizing the IRAP initiative for what it was: a bad faith attempt by anti-union contractors and politicians to undermine high-quality union apprenticeship programs and replace them with a watered-down system of certifications. Our registered apprenticeships offer expert training, stellar worker protections and better pay and benefits for workers across the country – no matter their race, gender, sexual orientation, creed or place of origin. By rescinding IRAPs and investing instead in registered apprenticeship programs, the Department of Labor has ruled in favor of workers and their ability to find good, union jobs and reliable pathways to the middle class.”
The Final Rule was published in the Federal Register on September 26, 2022 and will go into effect on November 25, 2022. Beginning on the effective date, DOL will no longer recognize Standards Recognition Entities (SREs) or IRAPs.
Fourth-year SMART Local 18 apprentice Angela Poore received the September North America’s Building Trades Unions (NABTU) Tradeswomen Heroes award – a recognition of the Milwaukee, Wisconsin sheet metal worker’s perseverance, skill and dedication to her craft.
“She is hard-working, shows up on time and soaks things up like a sponge,” the Local 18 Milwaukee Joint Apprenticeship Committee said when nominating Angela for the award. “Angela…exemplifies a great employee.”
Angela’s journey to the unionized sheet metal industry was an unorthodox one. Born and raised on military bases, Angela and her family spent 11 years driving from state to state, including Kansas, Alaska and Texas – finding adventure on cross-country odysseys. After settling in Waukesha, Wisconsin, Angela eventually moved out of her family home at 17 years old, working at two chiropractic offices for 15 years and starting her own cleaning business.
Like many workers in 21st century America, though, an economy devoted less to working families and more to Wall Street made economic stability hard to find, and while researching other career options, Angela was introduced to sheet metal by her stepfather, a Local 18 business agent. She spent some time honing her math skills, then signed up as a pre-apprentice at 34 years old.
“We would be lucky to have more apprentices, and future journeyworkers, like Angela.”
“It’s very intimidating being a female going into a ‘Man’s World,’ but I realized that the guys I was working with were like anyone else at a job,” Angela said. “They taught me so much, they showed me the wrong and right ways of doing things.”
Having spent all four years of her apprenticeship at JM Brennan Co., Angela has been able to experience the camaraderie of working in a union shop – and she’s taken advantage of every mentorship and learning opportunity that has come her way.
“The best part, so far, is working with so many different foremen/journeyen and learning their ways of doing things,” she noted. “It helps you find what way works best for you. I cannot wait to become a journeyperson or a foreman and see where this road takes me.”
The Local 18 Joint Apprenticeship Committee clearly feels the same way.
“Angela is always willing to take on new challenges,” the committee wrote in Angela’s nomination. “When Angela’s employer challenged the employees to differentiate themselves from others, she was the only one who approached her superintendent seeking guidance on improving her welding skills. Angela had always shown signs of success as a welder, but with this challenge took the opportunity to really focus and hone those skills.’
“We would be lucky to have more apprentices, and future journeyworkers, like Angela,” the committee concluded. Congratulations, sister!
September 11, 2022 — SMART’s Railroad, Mechanical and Engineering Department (Mechanical Department or MD) reached a tentative agreement with the National Carriers’ Conference Committee (NCCC), which includes the highest wage increases ever achieved in national freight rail bargaining. The tentative agreement provides our members with a 24% general compounded wage increase over five years. In addition, members would receive five annual service recognition payments of $1,000. Upon ratification, our members, including our retired and deceased members, will receive full retroactive pay consisting of the wage increases and service recognition payments.
Furthermore, the tentative agreement will provide an additional paid day off that can be used as either a personal leave day, a vacation day or on the employee’s birthday. Our healthcare benefits were enhanced to provide coverage for autism spectrum disorder and an increase in hearing aid benefits. There are no work rule changes or cuts to our healthcare benefits. The tentative agreement also includes a “Me Too” provision, where if another union reaches an agreement that provides more economic value, we can receive that same value in our agreement. The tentative agreement was reached based on the recommendations of Presidential Emergency Board 250.
SMART General President Joseph Sellers, Jr. stated, “After nearly three years of difficult and protracted negotiations with the carriers, I’m very pleased that our Mechanical Department members are receiving the highest wage increases we have ever seen in national bargaining. Contrary to what the carriers may say, our highly skilled members’ contributions are the reason for the carriers’ extremely high profits, and it’s about time that our members receive the fair contract that we have been fighting for, and that the carriers have been fighting against, for the past several years.”
Ratification ballots will be mailed to SMART MD freight rail members soon. While SMART MD was able to reach a tentative agreement, the Transportation Division is still negotiating with the NCCC. General President Sellers calls on the NCCC to resolve the attendance policies and working conditions impacting operating employees in order to provide a better quality of life for our brothers and sisters in the Transportation Division.
Following a successful organizing campaign against union-busting opposition, SMART Local 16 members at Vancouver, Washington-based 360 Sheet Metal are now on strike, protesting unfair labor practices and a refusal to come to the bargaining table by management. Workers have been striking since late July, with Local 16 filing charges that 360 Sheet Metal “retaliated against pro-union workers by giving them isolating work assignments, making unilateral changes without bargaining, surveilling workers, and firing at least one union supporter,” according to Northwest Labor Press.
As reported by Local 16 organizer Matt Haines in the summer issue of the SMART Members’ Journal, 360 Sheet Metal almost exclusively builds custom ductwork and pays workers just above the minimum wage – plus, the company is currently under investigation by the Washington Department of Labor and Industries for repeat violations of state prevailing wage law. After a hard-fought battle to form a union, the workers won their National Labor Relations Board election in April 2022. Since then, however, the company has refused to offer workers a contract – and in mid-August, management grew even more hostile. From Northwest Labor Press:
“Strikers say … they were notified they’re eligible for COBRA health coverage on account of their ‘termination.’ If they were in fact terminated, that too would be a violation of federal law, which protects the right to strike and makes it unlawful to permanently replace workers when they’re on strike to protest unfair labor practices.”
Not only is 360 Sheet Metal violating labor law, the company is undermining workers’ rights to union representation, fair wages, dignity on the job and the ability to support their families. Despite these flagrant attacks, however, Local 16 members are refusing to back down, and the labor movement is standing with them. Every morning, striking SMART members have picketed 360 Sheet Metal from 6 a.m. to 2:30 p.m., with members of the Ironworkers, Cement Masons, Insulators, Drywall Finishers and Laborers walking the picket line in solidarity. Teamsters working at UPS have refused to cross the picket line, and C-TRAN bus drivers with ATU Local 757 have honked and displayed messages of strength and unity.
SMART condemns 360 Sheet Metal’s anti-union activity in the strongest possible terms, and we stand in complete, unwavering solidarity with Local 16 members on the picket line.
Today, President Joe Biden signed the Inflation Reduction Act, officially codifying this groundbreaking piece of legislation into law. In response, SMART issued the following statement.
“By signing the Inflation Reduction Act, President Joe Biden has once again acted on his campaign promise to be a president for working Americans. Once implemented, the Inflation Reduction Act will help alleviate rising prices for working families by cutting the cost of healthcare, lowering utility bills and making massive investments in green energy and American manufacturing – all with strong labor standards that will help create good, union jobs. Unlike the past administration, this legislation will see absolutely no tax increases for small businesses and families that makes less than $400,000 a year – instead, corporations will finally be held accountable and pay their fair share. And most importantly for our members, SMART workers will be called upon to take on the green energy jobs that this bill creates. We commend President Biden for signing this bill, and we look forward to meeting its demands.”
Today, the Biden Administration released a fact sheet intended to help schools, educators, families and children safely prepare to return to school this fall. As part of its efforts to help local education administrators ensure schools are ready to reopen, the White House noted its collaboration with SMART, SMACNA and NEMI – as experts in indoor air quality, HVAC, ventilation and energy efficiency – and linked to SMART’s “Better Air in Buildings” web page. In response, SMART issued the following statement:
“We welcome the Biden Administration’s continued willingness to collaborate with organized labor, and we commend the White House’s Back to School 2022 fact sheet: intended to give every school the tools to prevent COVID-19 spread and stay safely open throughout the year. SMART appreciates the White House’s partnership as we work to keep teachers, students and families safe through the upcoming school year, and our members across the country are ready, willing and able to perform the work needed to keep schools open safely. Find more information from SMART and from NEMI.”
Today, the United States House of Representatives passed the Inflation Reduction Act, sending the legislation to President Joe Biden’s desk to be signed into law. In response, SMART issued the following statement.
“SMART applauds the work of the United States House and Senate for pushing this vital piece of legislation across the line for working families across our country. The Inflation Reduction Act will combat rising prices, cut the cost of healthcare for working Americans and invest billions of dollars into clean energy facilities and making homes and commercial buildings energy efficient. Importantly, the strong labor standards attached to the tax credits for production, energy efficiency and investment will help create good, union jobs – and SMART members are the workers with the skills and expertise to take on those jobs, from retrofitting schools to building green energy facilities. Our members are ready to meet the demands of this bill and will play a crucial role in solving the climate crisis.”
Day three of the SMART Leadership Conference focused on developing community solidarity and legislative power. From local efforts to engage members across sheet metal and transportation, to the International’s relationship-building with allies in federal and state governments, SMART sheet metal and transportation leaders performed the important work of creating Growth Through Unity via government and community action.
Speaker of the House Nancy Pelosi
After General President Sellers called the third day of the conference to order, United States Speaker of the House Nancy Pelosi joined the conference by video. Recalling the support SMART provided when she first ran for Congress, Pelosi recognized SMART locals as “stalwart defenders of members’ jobs, benefits and security.” She outlined recent legislative accomplishments of House Democrats and the Biden Administration, including the CHIPS and Science Act – complete with significant labor protections – before ending her address with a promise: “We will not relent until the Richard Trumka PRO Act is signed into law.”
Following Pelosi’s speech, SMART Director of Government Affairs Steve Dodd and National Legislative Director Greg Hynes provided an update on SMART’s political advocacy. After noting the SMART industry-specific victories in legislation like the Bipartisan Infrastructure Law – which calls for investments in HVAC work, indoor air quality, transportation and more – Dodd and Hynes explained that such achievements are largely due to the new level of access SMART has with the president, Congress and federal officials. As an example of the unprecedented emphasis on labor in U.S. policymaking, Dodd pointed to the pension relief included in the American Rescue Plan, which (among other unions) provided millions of pension dollars to SM Local 33 in Ohio.
Steve Dodd (left) and Greg Hynes
Hynes, meanwhile, focused on the difference the new president, Congress and federal appointees have made for SMART TD members – and described how the Transportation Division has consequently elevated its efforts to provide greater communication to members. Noting that favorability of SMART and TD locals has risen among members, Hynes listed some of the accomplishments won for transportation workers, including proposed legislation like the PUMP Act and the notice of proposed rulemaking requiring two-person train crews.
“We’re going for the [two-person crew] regulation and we’re going for the law, and we’re not backing down,” Hynes said to thunderous applause. “It’s important that everybody provides comments [for two-person crew rulemaking] – I’m talking about sheet metal and transportation.”
Finally, Dodd and Hynes ended their joint speech with a call to action: The access that SMART has right now can be taken away as quickly as it appeared. Locals across the country, across industry and across craft need to come together and elect more pro-worker candidates to secure our union’s future.
Transportation Secretary Pete Buttigieg
United States Secretary of Transportation Pete Buttigieg also delivered remarks by video, demonstrating the exceptional status of the Transportation Division’s current relationship with federal officials. After summarizing the ways in which legislation like the American Rescue Plan and the Bipartisan Infrastructure Law are being used to improve and modernize the United States’ transportation systems – as well as programs like PROTECT, which is making American roads, bridges and rails more weather-resilient – Buttigieg acknowledged that “the most important part of our transportation systems isn’t the physical infrastructure, it’s the people operating it every day.” He ended his speech by dedicating his work to SMART members: “We really are living through a new dawn in American transportation, and you all are at the center of it.”
After Buttigieg’s video, California Building and Construction Trades Council President Andrew Meredith delivered in-person remarks on the continued work of the building trades and SMART to organize, secure more work and continue to build labor’s ability to pull workers into the middle class. In particular, Meredith emphasized how focusing on diversity and inclusion in organizing can help unions like SMART grow their numbers and break into relatively unorganized sectors, like residential construction.
Andrew Meredith, president of the California Building & Construction Trades Council.
“As we’re addressing the housing crisis, we’re holding a firm line for diversity and inclusion language to be included in contracts,” he said. “We create pathways for everybody.”
Meredith acknowledged that the unionized building trades have not always been open to all workers, pointing specifically to past practices that excluded women, people of color and those who speak English as a second language. Now, he said, the building trades in California are working to include contract provisions like childcare and educational opportunities, offering more opportunity to workers from every background – in addition to the wages, benefits and workplace dignity that unions stake their reputations on.
“I’m proud that your organization has a tremendous history of inclusiveness and diversity,” noted Meredith. “Make your programs the model for other organizations to follow.”
He concluded by echoing the call many others have made throughout the leadership conference, from General President Sellers to AFL-CIO President Shuler: It’s time to organize.
“It’s an unprecedented time for labor in this country,” Meredith declared. “Workers are clamoring to be organized.”
United States Labor Secretary Marty Walsh re-emphasized many of the points made by Meredith in a video address. Like others, he noted the extraordinary pro-worker achievements of the last two years, with specific Department of Labor initiatives like strengthening Davis-Bacon protections and fighting against worker misclassification. He also observed that while three quarters of young workers are interested in forming a union, only 10% know how – a gap that can and must be closed for the betterment of working people across our country.
“We need strong, diverse unions now more than ever,” Walsh concluded. “I know SMART is devoted to that.”
GP Sellers, Johnny Walker, TD President Ferguson, GST PowellGP Sellers, Kevin Turner, GST Powell
The joint session culminated with a focus on the SMART Army: our union’s cross-industry, every-member effort to make sure people across North America know SMART workers are the fabric of our communities. First, General President Sellers presented the 2022 Joseph J. Nigro SMART Army Service Award to two union members who have selflessly devoted themselves to both their union and their communities: Local 18 (Wisconsin) Retiree Kevin Turner and TD Local 610 (Baltimore) and SM Local 100 (Washington, DC-area) member Johnny Walker.
“The SMART Army brings us together in the community, it makes us apart of the community,” Turner said.
“The community knows who we are. We’re there,” Walker added. “The important thing about the SMART Army is you’re a part of something that’s a lot bigger than you.”
Paul Pimentel of SMART Communications followed the awards presentation with an overview of the SMART Army and its efforts in the recent past and looking towards the future, particularly with so much on the line in the 2022 elections. Describing the ways in which SMART has dedicated resources to member communications –surveys, focus groups and more – Pimentel listed methods that locals can use to let members know which politicians are walking the walk for labor: unified messaging, face-to-face conversation, social media content that speaks to members and more. All of that is crucial, he said, as SMART seeks to recruit, retain and organize its way to greater strength for all members.
“We are not on the defensive anymore, we are on the offense, and that’s something we need,” Pimentel announced.
And finally, Transportation Division President Jeremy Ferguson wrapped up the general session by reiterating the importance of two-person crews on trains, calling for members across our union to submit comments to the FRA.
“Because of greed on wall street, the railroads want to remove the conductor off the freight trains,” he said. “[But] it is important that have conductors on those trains to keep trains safe, engineers safe, America safe, and keep trains moving on time.”
