The Bipartisan Infrastructure Law is infusing $292 million into 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 will 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. “The agreement contractors and unions put in place … before construction begins to ensure major projects are handled with well-trained, highly skilled union workers that resolve disputes ahead of time, ensuring safer work sites, avoiding disruptions and work stoppages that can cause expensive and extensive delays down the line.”
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 of the project. This alone will put tens of thousands of union members to work – and once the tunnel has been fully modernized, it will vastly improve the working conditions for SMART Transportation Division members working for 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 SMART General President Joseph Sellers. “We applaud the pro-labor leadership of Congress and the Biden administration in putting these funds directly towards projects that benefit working people.”
The Northeast Corridor accounts for approximately 20% of the United States economy’s GDP. “If this line shuts down for just one day it would cost our economy $100 million,” Biden said. “And the current Hudson River rail tunnel can be a major chokepoint.”
“This is one of the biggest, most consequential projects in the country,” he added. “But we finally have the money, and we’re going to get it done.”
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 Director of Organizing 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.”
Amtrak officials joined representatives from the U.S. Department of Transportation, the state of Maryland, SMART TD Alt. National Legislative Director Jared Cassity and President Biden to kick off the first phase of the B&P Tunnel Replacement Program in Baltimore. The Civil War-era tunnel will be replaced by the brand-new Frederick Douglass Tunnel, increasing service 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 for years to come.
“The sorely needed replacement of the B&P Tunnel represents one of the largest infrastructure projects in the region,” said SMART General President Joseph Sellers. “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. Our members look forward to applying their professionalism and craft to this vital work.”
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 apply 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.
Once completed, the new Frederick Douglass Tunnel will vastly improve the lives and working conditions of SMART TD Amtrak workers.
The B&P Tunnel is Amtrak’s oldest tunnel on the Northeast Corridor and, according to an Amtrak media release, a single point of failure for both MARC and Amtrak trains. The 1.4-mile tunnel connects Baltimore to Washington, DC, and endures a range of age-related maladies, including excessive water infiltration, structural deterioration and delays that impact more than 10% of trains during the week. All of this not only impacts the lives of commuters; it complicates the work SMART TD members perform on a daily basis.
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 – Amtrak workers can look forward to performing their duties with significantly less hassle.
“As the workers who safely transport passengers to their destinations every day, SMART TD members know better than anyone how vital it is for our rail infrastructure to be up-to-date and geared towards safety,” Cassity said. “The B&P Tunnel replacement will benefit commuters and Amtrak workers for generations to come, and we applaud Amtrak, the state of Maryland and the federal government for pursuing it.”
A new analysis by the Economic Policy Institute (EPI) estimates that misclassified construction workers lose out on as much as $16,729 per year in income and job benefits compared with what they would have earned as employees. The study, which broadly focuses on worker misclassification across multiple industries, not only demonstrates the economic cost faced by workers when their employer denies their basic rights on the job; it also reaffirms the need for the United States Congress to pass pro-worker laws like the Protecting the Right to Organize (PRO) Act.
Worker misclassification is one of the more common ways bad-faith employers deprive workers of their rights and fair compensation. By incorrectly classifying an employee as an independent contractor, employers deprive workers of, among other things:
Overtime wage and hour protections;
The right to earn a minimum wage;
Eligibility to participate in state and federal unemployment insurance systems or qualify for workers’ compensation insurance;
National Labor Relations Act protections that guarantee workers’ rights to form a union and bargain collectively for better pay and benefits.
“Contractors who misclassify their employees aren’t just depriving those workers of pay, benefits and protections; they are actively bringing down the wages and working conditions in local areas, and exploiting working families in order to strengthen their market share – taking jobs from SMART members in the process.”
The EPI study analyzed the 11 professions most likely to be misclassified by employers, including home health aides, landscapers, truck drivers, janitors and nail salon workers. (Notably, the analysis pointed out, “people of color and immigrant workers are more likely to be in occupations where misclassification is common.”) For construction workers, the disparities for misclassified workers – especially when compared to the wages and benefits negotiated in a union contract – could mean the difference between a family-sustaining career and living paycheck to paycheck.
“According to our calculations, illegal misclassification costs the typical construction worker between $10,177 and $16,729 per year,” the EPI wrote in its study. “These estimates are both conservative because we have not attempted to place a monetary value on the worker’s loss, when misclassified as an independent contractor, of rights guaranteed by the National Labor Relations Act, including the possibility of union representation.”
The EPI added: “Policymakers should establish or expand the use of a strong, uniform protective legal test for determining employee status and pass the Protecting the Right to Organize (PRO) Act, which would make it harder for employers to misclassify employees in order to prevent them from forming a union and bargaining collectively.”
The devastating effects of worker misclassification demonstrate how important it is that SMART members and locals work to bring unorganized workers into the union.
“Contractors who misclassify their employees aren’t just depriving those workers of pay, benefits and protections; they are actively bringing down the wages and working conditions in local areas, and exploiting working families in order to strengthen their market share – taking jobs from SMART members in the process,” said SMART General President Joseph Sellers. “By fighting against misclassification and bringing those workers into SMART, we lift all workers up – including our current and future members.”
The White House, Public Domain via Wikimedia Commons.
The outlook for union labor and working families in America has improved drastically in the last 21 months.
From 2016–2020, workers fought against an onslaught of anti-labor policies, executive orders, personnel appointments and more:
Anti-worker government actions, 2016–2020
1.The previous administration and Congress refused to include union pension protection in COVID-19 relief bills.
2.The previous president attempted to devalue SMART/union apprenticeships through expanded management-devised Industry- Recognized Apprenticeship Programs (IRAPs).
3.The previous president’s FRA administrator refused to implement two-person crew rules and attempted to override state laws with an imposed one-person crew standard.
4.Anti-worker figures were appointed to the National Labor Relations Board (NLRB), including Peter Robb — a management-side labor lawyer — as general counsel.
5. The former NLRB made it more difficult for workers to picket a subcontractor.
6.The former NLRB held that employers can legally monitor or search employees’ personal vehicles on company premises.
7.The former NLRB issued a decision making it easier for employers to restrict employees’ rights to talk to their coworkers about their union during work time, including asking a coworker to join the union, asking a coworker to vote to strike or asking a coworker to vote to ratify a contract.
8.The former NLRB proposed a rule questioning whether building trades union agreements properly recognize the union as majority representative — even when the agreements contain language that recognizes the union as majority representative. This proposed rule would make it easier for contractors to walk away from the contract after it expires without attempting to negotiate a new agreement.
9.The previous president signed an executive order that threatened funding for Social Security.
10. The previous president’s Occupational Safety and Health Administration (OSHA) responded to the pandemic with temporary guidance that removed most employer responsibility to investigate or record workplace-related coronavirus cases in non-healthcare workplaces — including for essential sheet metal, rail and bus workers.
11.The previous president’s signature law, the Tax Cut and Jobs Acts (TCJA), encouraged offshoring of both paper profits and real production of U.S. multinational companies – hurting workers.
12. The previous president recommended vetoing the Protecting the Right to Organize (PRO) Act if it reached his desk.
13.The previous president proposed a 2020 budget that would have cut Department of Labor (DOL) funding and eliminated the Manufacturing Extension Partnership, a public-private partnership that helps small- and medium-sized manufacturers (and their workers) compete.
14.The previous administration encouraged firms to misclassify employees as independent contractors, lowering workplace standards and putting union jobs in jeopardy.
15.The previous administration rescinded a rule that required large employers or employers of workers in dangerous occupations to submit detailed logs of workplace injuries and illnesses for OSHA to publish online — making it harder to regulate and prevent further injuries.
16.By revoking an earlier rule, the previous administration made it easier for contractors who violate basic labor and employment laws to be awarded contracts paid for by taxpayer dollars.
17.The former NLRB gave employers more power to prevent organizers and off-duty employees from talking with employees at the workplace, during nonwork time, about forming a union.
18.The previous president’s DOL proposed a rule that would make it easier for employers to use the “fluctuating workweek” method, which better allows companies to avoid paying their workers overtime.
19.The previous administration rolled back child labor laws that regulated teenage use of operator-driven power lifts without supervision.
20. The previous administration proposed a paid parental-only leave plan that would force workers to cut into their Social Security benefits to fund their paid parental leave.
21.The previous administration announced a program that allowed employers who violate wage and hour laws to avoid paying penalties by volunteering to investigate themselves.
22.The previous administration weakened workplace safety protections for offshore drilling workers by eliminating a requirement for third-party inspections of safety measures and equipment, making key safeguards optional and allowing for industry self-policing.
23.The previous administration eliminated workers’ ability to choose who to form a union with, enhancing employers’ ability to manipulate bargaining units by adding in workers they feel would oppose the union.
24.The previous administration and Congress constantly attempted to sabotage the Affordable Care Act, which helps provide better healthcare for families of SMART members.
25.The previous administration delayed and weakened a mine inspection rule, allowing employers to send miners in before inspections are finished and letting operators not record hazardous conditions if they correct them “promptly.”
26.The previous president said he “loved right-to-work,” and his Justice Department successfully argued to make it the standard policy for government employees.
In the 2020 election, working people made their voice heard at the ballot box — and since then, the outlook for SMART members has changed for the better, as your union has constantly pushed the current administration to act on behalf of workers.
Pro-worker government actions, January 2021–Present
1.The current Congress and president passed the American Rescue Plan into law, which jumpstarted the U.S. economy, provided billions of dollars in union pension relief, invested billions into reopening schools and indoor air quality, and allocated $100 million to OSHA for worker safety.
2.The current Congress and president passed the Inflation Reduction Act into law, which will help cut healthcare prices for working families, fight climate change and hold the one percent accountable to pay their fair share in taxes. The IRA invests heavily in green energy infrastructure, with strong labor standards ensuring that SMART sheet metal workers will be in demand for this work.
3.The current Congress and president passed the CHIPS and Science Act, which invests in the U.S. semiconductor industry and American-made manufacturing. SMART sheet metal workers are uniquely qualified for the good, union jobs (constructing and maintaining semiconductor facilities) this legislation will create.
4.The current president and Congress passed the Bipartisan Infrastructure Law, which will rebuild our country’s crumbling infrastructure. Along with huge investments in traditional infrastructure like our nation’s railroad and public transportation systems, the law focuses on the industries in which SMART members work — like indoor air quality, energy efficiency and more — providing an enormous number of new jobs in the future.
5.The current House of Representatives passed the National Apprenticeship Act of 2021, which invests in registered apprenticeships while cutting federal funding for anti-union IRAPs. If this bill passes the Senate, the current president will sign it into law.
6.The current president appointed Marty Walsh, a lifetime union member and former president of the Boston Building Trades, to lead the U.S. Department of Labor.
7.The current president appointed Amit Bose as FRA administrator. Bose has consistently welcomed SMART TD to the table and listened to our concerns and perspective on matters that would impact SMART members.
8.Bose’s FRA proposed long overdue federal two-person crew regulations, which would provide much-needed safety and job assurances to our members.
9.Within hours of taking office, the current president fired Peter Robb, the most anti-union general counsel in the NLRB’s history, and appointed a pro-worker NLRB, including Jennifer Abruzzo — formerly the Special Counsel for Strategic Initiatives at the Communications Workers of America — as general counsel.
10.NLRB General Counsel Abruzzo issued a memo urging the NLRB to outlaw anti-union captive audience meetings.
11.NLRB General Counsel Abruzzo has proposed requiring employers to recognize a union once a majority of workers sign pro-union cards, rather than forcing workers to seek recognition via NLRB election or other, more complicated methods.
12.NLRB General Counsel Abruzzo has declared that college athletes have the right to organize, as do immigrant workers in the United States.
13.In its first major decision, the NLRB found that employers violate federal labor law by barring workers from wearing pro-union buttons or other apparel, enshrining workers’ rights to wear pro-worker gear on the job.
14.The current president appointed Doug Parker — former staff attorney for the United Mine Workers of America and executive director of Worksafe, an organization that advocates for workers in the Bay Area — as director of OSHA, returning the agency to its pro-worker role.
15.The current president appointed Jessica Looman, formerly the executive director of the Minnesota Building and Construction Trades Council, to lead the DOL Wage and Hour Division.
16.The current president issued an executive order repealing the former administration’s IRAP initiative, putting to bed one of the most serious threats the union building trades have faced.
17.The current president approved the environmental impact statement for the Hudson Tunnel Project and restored nearly $1 billion for California High Speed Rail, all of which was blocked by the previous administration. These projects would provide more jobs for SMART members.
18.The FRA released a new fatigue rule that “requires certain railroads to develop and implement a Fatigue Risk Management Program as one component of the railroads’ larger railroad safety risk reduction programs.”
19.The current administration’s OSHA announced a National Emphasis Program (NEP) related to heat and workplace safety. The NEP will prioritize inspections on hot days, target high-risk industries (including construction) and develop a federal rule to protect workers from heat-related illnesses.
20.For the first time in 40 years, the DOL announced a proposed rule updating and strengthening Davis- Bacon and Related Acts (DBRA) prevailing wage regulations.
21.The current White House launched the Clean Air in Buildings Challenge to encourage buildings to improve ventilation. The recommendations specifically noted that skilled, trained and certified workers (SMART members) should perform this work.
22.The current president signed an executive order strengthening Buy American provisions, requiring federal bodies to buy more American-made products and invest in domestic manufacturing.
23.The current president signed an executive order to raise the minimum wage for federal contractors to $15/hour.
24.The current president signed an executive order that gives workers the federally protected ability to refuse dangerous work.
25.The current president signed an executive order establishing the White House Task Force on Worker Organizing and Empowerment, which released 70 recommendations to promote worker organizing and collective bargaining.
26.The current president signed an executive order requiring project labor agreements on large federal projects (costing $35 million or more).
27.The current administration announced over $386 million in consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program funds to 46 projects in 32 states and the District of Columbia — an investment in rail workers’ safety.
28.In August 2022, the White House launched an initiative to promote better air in buildings, linking to the SMART website for guidance from the experts in this field — a tacit endorsement of SMART workers as the experts qualified to perform indoor air quality work.
29.The current president has openly sided with workers seeking to unionize at Amazon, sought the input of SMART and other unions in relation to construction, transportation and other impactful policy areas, and signed executive orders repealing anti-union rules of the previous administration.
30.The current president initiated student loan debt relief for working families, removing a key barrier for workers and their children as they seek to enter the middle class.
31.Current president and Congress passed and signed the PACT Act, to support veterans from the Iraq and Afghanistan wars, the first Gulf War, the Vietnam War and a host of smaller deployments across the globe in between those campaigns who suffered from exposure to chemicals and other toxins.
Make no mistake: In the United States, the upcoming midterm election is vitally important to the advancement of the pro-worker agenda. Normally this would sound cliché, but all it takes is a look at current events to understand what our country is facing. Our jobs, our democracy and our families’ futures are on the line, and the decisions that will be made in the coming two years will determine our success moving forward.
The members of our union have made historic progress in the past 21 months. Instead of a cold shoulder for labor and our interests, we now have open door access in the Oval Office and in Congress, giving us a voice on decisions that affect the lives of workers and their families. We now have a seat at the table; we are able to advocate for your livelihood on matters of policy and planning. This new access has paid off. Time after time, our allies in Congress and the current administration did more than elicit words of support; they acted on your priorities as union men and women.
In fact, no administration or Congress since the 1930s has accomplished so much working with labor in so little time. Since January 2021, we have seen the elimination of the Cadillac tax on members’ and retirees’ health care; the strengthening of multiemployer retirement programs and retirement security; the reintroduction of a two-person crew rule that would make the rule of two a federal regulation; and a historic infrastructure package that goes beyond funds for roads and bridges, directing federal resources to critical rail infrastructure improvements — with a real safety review and operator protections — as well as cleaner and safer building indoor air quality (IAQ) work, all of which will deliver thousands of jobs to SMART members. Industry-Recognized Apprenticeship Programs (IRAPs), introduced by the previous administration to undermine our long-standing registered apprenticeship programs, were eliminated. This new administration and Congress prioritized a pro-organizing initiative to ensure that workers looking to form a union and strengthen your collective bargaining power were met with serious support.
The members of our union have made historic progress in the past 21 months.
All of these substantial advances were made because of the work we put in to support pro-labor elected officials from both parties. That includes officials like Don Bacon, a Republican member of Congress from Nebraska who stands with SMART members on the issues that matter to working families, as well as Tim Ryan — a long-time proworker candidate who never forgot his blue-collar values and has spent his career standing up for workers. We don’t look at party label — we look to support those who do more than just promise; who act on our behalf.
Unfortunately, there are special interests who are looking to reverse our gains. A network of anti-worker groups and corporations are quietly funding and assisting those opposed to our values. They want a return to the days when workers had no say in the direction of this nation, and they see themselves as the sole arbiters of what is best for us, our families and our jobs. They care only about their own profit and power. We cannot hand the reins back over to them; we cannot let them rule over our lives and dictate our families’ futures.
We have come far in only 21 months – and we still have ground to cover as we work to make sure working families are prioritized in the halls of power. I urge you to vote on November 8th to secure your future by locking in the gains we have made.
I would like to recognize the hard work from both SMART TD and SMART Rail and Mechanical Department leaders that went into negotiating the new tentative agreements reached with the rail carriers in September. This has been a long and drawn-out process, and at the end of the day, members have something to vote on in the coming weeks.
America invented the semiconductor, but our country produces only 10% of the world’s supply — and none of the most advanced chips. These chips are essential for today’s cars, household appliances and advanced national defense systems and equipment. And yet, for too long the U.S. relied on global production instead of manufacturing chips here at home. But that changed this past August. To address this issue, Congress passed, and the president signed, the CHIPS and Science Act, which will spur billions of dollars in private sector investment.
The law will lead to the construction of semiconductor manufacturing plants across the country, with strong labor standards that require Davis-Bacon prevailing wage rates for facilities built with CHIPS funding. Importantly, these facilities demand the unique expertise and skill set that SMART sheet metal workers are equipped with.
When we elect candidates who ACT on our behalf, rather than just talk, we get laws like the CHIPS and Science Act and the Inflation Reduction Act, and our families and our country benefit.
The private sector has already responded. The week the act passed, companies announced nearly $50 billion in additional investments in U.S. semiconductor manufacturing. Make no mistake, this leads to quantifiable work hours backed by the Davis-Bacon rules and project labor agreements attached to them. SMART workers are already starting to see the reward. Thanks to CHIPS funding, sheet metal workers at SM Local 83 will soon begin working on a new GlobalFoundries chip plant in Malta, New York, and Local 359 members are currently working on an Intel chip plant in Arizona; just two of many megaprojects coming online across the country.
All of this is thanks to the hard work you put in to get our allies in office — elected officials who work with OUR UNION to ensure you benefit from decisions made in Washington, D.C. and the state capitols.
Take the Inflation Reduction Act, for example, which directly benefits seniors and retirees.
Today, the average American pays two to three times what our brothers and sisters in Canada and citizens of other nations pay for prescription drugs. Now, because of the act’s provision allowing Medicare to negotiate prescription drug costs, up to 7 million Medicare beneficiaries could see those costs go down, while 50 million Americans with Medicare Part D will have their costs at the pharmacy capped at $2,000 per year. Additionally, 3.3 million Medicare beneficiaries with diabetes will benefit from a guarantee in the legislation that insulin costs are capped at $35 for a month’s supply.
The act also focuses on building our country’s green energy future. Union members will be tapped to perform new climate infrastructure work through the production of electric vehicle facilities, solar power plants and wind turbines. Many of these facilities have already broken ground across the country, with more projects in the planning phase.
These are investments in America’s future, our families and those who paved the way for current workers. And these life-changing laws result directly from you: your votes for proworker candidates, your solidarity with your union brothers and sisters, and your continued work pressuring elected officials to follow through on their promises.
When we elect candidates who do just that — who ACT on our behalf, rather than just talk — we get laws like the CHIPS and Science Act and the Inflation Reduction Act, and our families and our country benefit.
There will always be issues in any election that may pull you one way or the other. This November, think about what will allow you and your family to live the life that you have earned. The elected officials that voted to bring work back to America and create good-paying union jobs should be given serious consideration.
Please continue to secure your future by voting for SMART allies.
In solidarity,
Joseph Powell SMART General Secretary Treasurer
Dear Brothers and Sisters,
Since my last column, a lot has taken place. Breakthroughs have been made on multiple bus properties and a marathon negotiation session regarding a national freight rail contract has resulted in a Tentative Agreement (TA). The Federal Railroad Administration (FRA) has finally come through for us and issued a Notice of Proposed Rulemaking (NPRM) requiring two-person crews for both freight and passenger rail operations with some exceptions. In-depth details about the National Rail TA are well-documented elsewhere.
Two-person crew NPRM
On July 28th, the Federal Railroad Administration had its NPRM requiring two-person crews on most trains published in the Federal Register, kicking off an initial comment period. Thus far, 10,750+ comments have been received for the rule. This is the most comments FRA has ever received on a proposed rulemaking. I am urging you to submit your comments in support of the two-person crew rule before the deadline, which has been extended to December 2nd, if you have not done so already. Details on how to submit your comments are available on our website at https://www.smart-union.org/2pc.
Now is the time to stand together in support for each other and in solidarity. Let’s keep alert and have situational awareness in all that we do.
There are absolutely ZERO federal regulations preventing one-person crews. This proposed rulemaking puts in place restrictions against one-person crew operations. Though we may not like that the NPRM establishes a waiver process to allow for one-person crews, they are required by law to establish a waiver process for regulations such as this. I know that many are saying on social media and elsewhere that through a waiver process that this NPRM opens the door for one-person crews. I would like you to keep in mind that currently there is NO door.
We are fortunate that FRA has had the foresight to include a provision mandating public input on all waiver requests, while most regulations do not even consider public concern on waiver requests. Even if you don’t like the rule and its provisions, it is important that you comment and tell the FRA how you feel. You don’t even have to submit your name, you can comment anonymously.
Bus industry advances & contracts
While the freight rail contract drew huge headlines and much media attention, our Bus Department is not at rest. Agreements have been reached and voted on and beneficial legislation has also been approved and signed into law.
Members who work for the Los Angeles Metropolitan Transportation Authority (LACMTA) voted at the end of July to ratify a TA negotiated by our Bus Department and GO 875. Members will now enjoy appreciation pay for those who worked through the pandemic along with generous wage increases of 26.6% over the life of the agreement, no changes to employee benefits, updates to sick leave, modifications to work rules and modified disciplinary procedures – the carrier’s board approved it, and the contract is done. Congratulations to the Bus Department, GO 875 General Chairperson John Ellis and his negotiating team on a job well done.
For our members who work for Santa Cruz Metro (SCM), a victory was achieved when California Gov. Gavin Newsom signed S.B. 957 into law, including the property under the umbrella of the state’s Public Employment Relations Board (PERB). The law requires that employers and employees of SCM adjudicate complaints of specified labor violations before PERB as an unfair practice instead of in superior court. By requiring the district to adjudicate claims before PERB, the bill will impose a state-mandated local program that will serve to harmonize relations between SCM management and labor.
Finally, a TA was reached for our membership who work for Charlotte Area Transit System (CATS) and has been voted on. Our membership voted against ratification and the discussions of next steps continue as of this writing. Our Bus Department is committed to gaining an agreement that our members will find acceptable and is scheduled to head back to the bargaining table for further negotiations. We will not give up until we have a TA that addresses the issues our CATS members gave as the reason for voting down the agreement.
Our unfortunate losses
While we celebrate these successes, it is also important to pause and reflect on our challenges as well. Members from both the bus and rail industries have experienced losses since my last column. Our bus members face assaults and harassment from the public on a daily basis, while our rail members are facing unreasonable attendance policies that put our members’ lives at risk and exacerbate fatigue. Tragically, both departments have faced the loss of life of fellow brothers, while on the job, on the way to and from work, and in one case, a member was gunned down just outside his home. These losses are unacceptable to us as a union and to our families who distinctly feel the unimaginable hardship and loss of a husband, wife, father, son or daughter.
Let us take a moment to remember Local Chairperson Kevin Spragg (Local 1420), Ryan Jones (Local 446), Mario Navarro (Local 18), Local Chairperson Richard Keen (Local 1263), Zachery Lara (Local 1846), William “Bill” Laver (Local 556) and Daniel Ruley (Local 61). They will all be missed.
Now is the time to stand together in support for each other and in solidarity. Let’s keep alert and have situational awareness in all that we do. Please stay safe, and God bless.
Fraternally,
Jeremy R. Ferguson President, Transportation Division
On September 2nd, just ahead of Labour Day 2022, we had the honour of hosting Canada Prime Minister Justin Trudeau, Minister of National Defence and local MP for Oakville Anita Anand, Parliamentary Secretary for Public Safety and local MP for Oakville North-Burlington Pam Damoff, and Parliamentary Secretary for Labour and MP for Sault Ste. Marie Terry Sheehan. They attended a cookout and toured the Provincial Ontario Sheet Metal Workers’ Training Centre (OSMWTC) in Oakville, Ontario.
In his address, Prime Minister Trudeau spoke about the importance of the skilled trades in Canada, thanking trade union members across the country for our work in standing up for a better Canada and recognizing that we are essential partners in how we build a better future for everyone.
During the tour, we emphasized the importance of indoor air quality and verification of proper ventilation. We spoke about the importance of fire dampers and the need for ongoing inspections to ensure that they are properly functioning — and the hazard that could occur when they are not installed correctly. The apprentices attending the centre had the opportunity to give Prime Minister Trudeau a hands-on training experience by taking a flat sheet of metal and producing a length of duct ready for installation. The prime minister was also presented with a copper clock on our behalf.
In his address, Prime Minister Trudeau spoke about the importance of the skilled trades in Canada, thanking trade union members across the country for our work in standing up for a better Canada and recognizing that we are essential partners in how we build a better future for everyone.
In turn, we thanked the government for its recommitment of $84 million to the Union Training and Innovation Program (UTIP). These grants support the Government of Canada’s commitment to strengthen union-based apprenticeship training, innovation and enhanced partnerships.
The UTIP’s objective is to improve the quality of training in the trades to better support a skilled, inclusive, certified and productive trades workforce. It also aims to address barriers that prevent key groups, such as women and Indigenous people, from succeeding in the trades. Our training centres and locals across the country have benefited from the program.
Events like the one at OSMWTC are important for both our union and our country. As Canada sets its target for net zero emissions by 2050 and begins retrofitting all buildings across Canada — and as the COVID-19 pandemic continues to elevate the importance of ventilation, proper fresh air intakes and the increasing of air exchanges — the demand for our highly skilled workers will continue to grow.
At SMART Canada, our members are qualified professionals and certified tradespeople dedicated to all aspects of roofing, architectural cladding, custom sheet metal and complete ventilation systems. Our sheet metal members fabricate and install proper ventilation and air filtering systems to ensure the overall health of our schools, offices, hospitals and homes. Our roofing and architectural members play a vital role in the building envelope by enhancing and protecting the investments of the project.
Pictured Left to Right — Parliamentary Secretary for Labour and MP for Sault Ste. Marie Terry Sheehan, International Union of Painters and Allied Trades General Vice President and Chair of CBTU Robert Kucheran, Management Co-Chair of OSMWTC and Vice President Estimation of Modern Niagara Kim Crossman, Labour Co-Chair of OSMWTC & Business Manager/Financial Secretary-Treasurer of Local 397 Dan Krupa, Prime Minister Justin Trudeau, Provincial Building & Construction Trades of Ontario Business Manager Marc Arsenault, Executive Director of OSMWTC Scott Wood, President of the Ontario Sheet Metal Workers’ & Roofers’ Conference and Business Manager/Financial Secretary-Treasurer of Local 30 Art White and Minister of National Defence and local MP for Oakville Anita Anand.
The building envelope keeps outside elements, such as moisture and humidity, from entering and causing major damage. Envelope components are designed to prevent water leakage or infiltration to the interior by a barrier system that repels and sheds water at the outermost surface. As the building envelope becomes more efficient, the supply of fresh air into buildings is vital.
And most important to the quality of air in buildings is the upgrading and improving of air filtering and HVAC system capacities — another area of expertise for SMART workers. Whether it is cleaning the air within the buildings or cleaning the air before it’s dispersed into the atmosphere, we play an important role to ensure that the air we breathe is fit for human consumption.
Pictured Left to Right — Management Co-Chair of OSMWTC and Vice President Estimation of Modern Niagara Kim Crossman, Labour Co-Chair of OSMWTC & Business Manager/Financial Secretary-Treasurer of Local 397 Dan Krupa, Minister of National Defence and local MP for Oakville Anita Anand, Executive Director of OSMWTC Scott Wood, Prime Minister Justin Trudeau, President of the Ontario Sheet Metal Workers’ & Roofers’ Conference and Business Manager/Financial Secretary-Treasurer of Local 30 Art White.
We must collectively use our expertise and meet with local, provincial and the federal government to be a resource in achieving climate and clean air goals. If we don’t have healthy buildings and healthy homes, we won’t have healthy communities, healthy cities or healthy citizens. We partner with our signatory contractors across Canada to supply generations of hands-on experience and a commitment to safety on every project. Together, we are building strong communities for a better tomorrow — and we need to make sure our governments know.
We want to thank the staff at the Ontario Sheet Metal Workers Training Centre and the Canadian Building Trades Union, and especially all the apprentices and volunteers for hosting Prime Minister Trudeau. A special thanks to Executive Director Sean Strickland, Government Relations Specialist Rita Rahmati and Director of Communications Kate Walsh at the CBTU, Executive Director Scott Wood and Administrative Assistant Tanja Gaytan at the OSMWTC and Carolyn Crosby, administrative assistant at the SMART Canadian office. It was their collective efforts and hard work in making this a successful event. We are truly grateful and appreciative of the opportunity to showcase the skills and the ability of our membership.
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.”
In July 2022, yet another SMART sister earned recognition from North America’s Building Trades Unions (NABTU) for her hard work and proven track record: Annet Del Rosario, a journeyperson out of SMART Local 206 (San Diego, California).
“Her positive attitude and relentless work ethic are infectious to those around her,” said Local 206 in the NABTU press release announcing Del Rosario’s Tradeswomen Heroes Award win. “I can’t think of anyone that deserves more accolades for everything she means to our local and those lucky enough to be around her.”
Del Rosario joined Local 206 in March 2002, committing to the union’s five-year apprenticeship program in August 2003 and turning out as a journeyperson in 2008. Since then, she has worked in the field as well as the shop on the HVAC side; she’s also served several terms as a trustee and an e-board member. In her current position, she is the shop foreman at Able Heating & Air — the first female to fill each position in the local’s history. Del Rosario’s tireless advocacy continues outside of work as well: She created and is president of Building Trades Sisters, an all-female union trades group in San Diego.
“Annet is the shining example of what can be done when someone puts their mind to it,” added the Local 206 press release. “She has always wanted to put in the work to receive the rewards.”
SMART congratulates sister Annet Del Rosario for this well-deserved recognition!
