Category: Two-person crews
Ninth Circuit Ruling Favors Unions and States, Rejects FRA’s Attempt to Preempt State Crew Law
CLEVELAND, Ohio (Feb. 23, 2021) — Two of the country’s largest freight railroad unions achieved a favorable decision in the Ninth Circuit Court of Appeals on Tuesday regarding an attempt by the Federal Railroad Administration (FRA) to preempt legislation passed by a number of [...]
SMART-TD Wins Another Victory in the Crew Consist Battle
On January 8, 2021, Arbitrator Wendell Bell issued his arbitration award regarding the process and procedure in arbitrating the Carriers’ (UP, BNSF, NS & KCS) attack on the Crew Consist Moratoria. The arbitration, known as a “Procedural Public Law Board,” had the pu [...]
President Ferguson: This election is pivotal
The following article appeared in the August/September 2020 edition of the SMART Transportation Division News and is referred to by President Ferguson in the video above. Dear Brothers and Sisters, With the 2020 general election right around the corner, we are dedicating a la [...]
District court rules Batory’s declaration of preemption stops Illinois 2PC law
In yet another example that elections have consequences, the Trump-appointed FRA administrator’s actions have potentially minimized both public and employee safety on the railroad. In September 2019, after the State of Illinois enacted a law requiring that trains operated in [...]President Ferguson: Setting record straight on anti-labor articles
Brothers and Sisters, It’s time to set the record straight. I am certain many of you have seen the recent anti-labor articles that have been published regarding our recent win in the U.S. Court of Appeals for the 5th Circuit. That win has apparently struck a raw nerve with th [...]Court vacates FRA approval of KCSM engineer certification
WASHINGTON, D.C., (August 28, 2020) — A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has vacated Federal Railroad Administration (FRA) approval of the Kansas City Southern Railway (KCSR) certification program under which locomot [...]
Fifth Circuit vacates injunction in crew-consist case
Today, Aug. 28, the U.S. Court of Appeals for the 5th Circuit issued its decision in BNSF et al v. SMART-TD (Case No. 20-10162) concerning crew consist. This decision is a long-awaited victory for the Union. The appellate court vacated the injunction that forced SMART-TD Gene [...]
Conductor’s quick action saves boy from being struck in Pa.
A boy’s life was saved Aug. 14 and a potential tragedy averted thanks to the fast-thinking actions of Mike Bobrosky III, a member of Local 1006 (Brownsville, Pa). That morning, Reese Pearson, 9, who has autism, ran off from his home in Morgan Township, Pa. His mom immediately [...]