On the first day of the first-ever SMART Leadership Conference, Transportation Division President Jeremy Ferguson updated hundreds of SMART officers on the progress his administration has made in strengthening our union since his administration took office in 2019.
It was President Ferguson’s first opportunity to address a large, live assemblage of the union since the Second SMART General Convention in Las Vegas.
“We have accomplished so much together, much more than I ever imagined, with the new bonds that we have made and the promises to the delegates that we would unite this entire union for the betterment of all of our members,” he said.
He noted that the administration has made some rapid and meaningful progress, even with the challenges the membership as a whole has faced since 2019. He emphasized strides made in safety with the online Safety Condition Report introduced in early 2021, education and an accountability to membership.
Education-wise, the change from the old regional meeting model to a leadership summit such as the one in San Francisco and the regional training seminar models for a more locally-oriented experience was a shock to some, but the feedback has been largely positive from those who’ve attended.
“It was not easy to break from previous tradition, but I was adamant that we train to be the best. This week we are going to teach many important skills and values needed to be the best. We are going to lead the next generation to be better and more skilled than we are here today,” he said. “We are going to give them advantages that we were never afforded. That’s what true leadership does, they make it better for their successors.”
He noted that the years since his administration took office have been anything but normal.
“It’s been one challenge after another from court cases and other crises. There’s rail carriers’ implementation of PSR [Precision Scheduled Railroading] and refusal to reward their essential workers with a meaningful contract, brutal assaults on our bus and transit members, the supply-chain meltdown that’s followed, the exodus that is happening with good loyal workers being ground down by attendance policies and choosing to walk away from their hard-earned pensions just to have time with their family,” he said.
“Times have gotten tough here lately with such drastic shortages of bus drivers and railroad workers, but when things get tough, I know that the one thing we’re not afraid to do in the face of adversity is to show up and step up. We’re not fearful of the challenges that we see ahead after what we’ve been through.”
President Ferguson later in the day addressed a Transportation Division general session consisting of about 200 general committee and state board officers in attendance.
In it, he updated the audience on Presidential Emergency Board 250, saying that labor’s performance had the carriers on their heels. The railroads’ case essentially boiled down to “labor’s being greedy.”
“There’s no union on the outside. We’ve all got each other’s backs,” he said of the United Rail Unions, who pooled resources and stated labor’s case as a unified body before the PEB in July. “It is the best we could have done.”
Other topics included the in-progress relocation of the TD executive offices from North Olmsted, Ohio to a new site in Independence, Ohio. When the move is complete, that relocation will save a projected $2 million for the union over the new 10-year lease.
He urged officers to promote the benefits offered internally through the union, such as the TD Voluntary Short Term Disability and Discipline Income Protection programs rather than job insurance programs run by outside entities.
The cost of DIPP will decrease, effective Oct. 1, and more reductions will come in the future if the number of contributors to the program goes up.
“The more people we get in the fund, the lower we can go,” he said of the DIPP.
To close, the organizing department has been reinvigorated with new documents and an enthusiastic squad of people telling new hires why being a member of TD is the right choice. Chief of Staff Jerry Gibson heads up the department that has been inundated with new hires. “All our hard work is starting to pay off,” President Ferguson said.
As part of the first SMART Leadership Conference in San Francisco on Aug. 8, Surface Transportation Board Chairman Martin Oberman appeared remotely to address the general session.
The STB, which is tasked with the economic regulation of various modes of surface transportation, primarily freight rail, heard the concerns of SMART Transportation Division President Jeremy Ferguson and three members of the union as well as other labor unions and shippers in April.
As a result of those hearings, the board instituted additional requirements for the large U.S. Class I carriers, including submitting service recovery plans and more recruitment and trainee retention data, bringing some press outlets to say that labor unions, including SMART, “had Oberman’s ear.”
“It isn’t a question of favoring labor or favoring someone else,” Oberman said. “And I have insisted from the outset, and I will continue to do so, that the board wants input and feedback from everybody.”
Class I carriers’ Precision Scheduled Railroading (PSR) operating scheme has lengthened trains and led to a 30% rail workforce reduction among Class I carriers since 2017. Struggles with service and the ability of railroads to retain employees have drawn the attention of federal regulators including the five-member STB.
“It’s been apparent for a long time — certainly since the pandemic began that the Class I railroads just way overdid it in cutting the workforce,” Oberman said. “I don’t know of any business that can operate by taking out 30% of the workforce and have the same level of delivery and productivity and service and products to be delivered.”
Additional employment reductions that happened during the first days of the pandemic made the situation worse and left the rail industry unprepared to deal with the economic rebound.
“They’ve all been struggling to have sufficient people and sufficient crews,” Oberman said of the Class I carriers.
Almost three months in, the more granular reports now being provided by the four U.S.-based Class Is to STB have not shown very good results for carriers attempting to meet the six-month targets their labor recovery plans have set, he said, with Norfolk Southern showing slight improvements in recruitment and T&E worker retention.
“I would say that the news is not great,” he said. “The good news is, it hasn’t got much worse, but the disappointing news is that, with minor exceptions and improvements here and there — they should be acknowledged — there hasn’t been much improvement.
“To say the least, I was hoping to see more improvement during this time period.”
Oberman also remarked that the input the board has received from members of rail labor has been “very enlightening” for the STB
“I really do welcome the input I get,” he said.
Oberman took multiple questions from the audience, including fielding a report out of Seattle and Kent, Wash., regarding service cuts and out of Texas.
In regard to the STB authorization bill proposed recently in the U.S. House, Oberman said that he and the other four board members — two Democrats and two Republicans — will focus on establishing a consensus.
“We don’t have, fortunately, on the board the kind of polarization and tribalism that you see too much in Washington. I am determined to keep that from happening on the board.”
SMART Transportation Division President Jeremy Ferguson, left, and SMART General President Joseph Sellers Jr. listen as Surface Transportation Board Chairman Martin Oberman appears live via video on Aug. 8 at the first day of the SMART Leadership Conference in San Francisco.
LOS ANGELES, (August 4, 2022) — The efforts by the SMART-TD General Committee of Adjustment GO 875 negotiation team have resulted in a new agreement for the bus and rail operators of the Los Angeles County Metropolitan Transportation Authority (LACMTA), which serves more than 10 million people in the nation’s most-populous county within a 1,433-square-mile service area.
On Friday, July 29, 2022, the California Mediation and Conciliation Service tabulated votes and reported 68.5% of voters had approved the agreement.
Bottom left: Office Secretary Rosana Santana; Operations Manager Maria Magallon; and Administrative Assistant Iveth Lopez. Top, from left, negotiation consultant Victor Baffoni; Local 1607 Chairperson Julio Mejia; GCA Secretary and Local 1564 Chairperson Andy Carter; General Chairperson John M. Ellis; Local 1608 Chairperson Edgar Menendez; Vice General Chairperson/Local 1565 Chairperson Quintin Wormley; Local 1563 Chairperson Robert Gonzalez and Local 1565 Chairperson (Rail) Johnny Cabanas celebrate the announcement of the LACMTA contract ratification by members.
General Chairperson John M. Ellis, Retired SMART-TD Vice President and Negotiation Consultant Victor Baffoni and Vice General Chairperson/Local 1565 Chairperson Quintin Wormley; GCA Secretary/Local 1564 Chairperson Andy Carter and Local Chairpersons Robert Gonzalez (1563), LCA-875B Chairperson John Cabanas (Rail), Julio Mejia (1607), Edgar Menendez (1608) and Operations Manager/Consultant Assistant Maria D.L. Magallon are proud to announce the bus and rail operators of the Los Angeles County Metropolitan Transportation Authority voted overwhelmingly to accept the Authority’s proposed contract. The contract will be in effect for the next five years and contains a 26.6% wage increase through June 30, 2027, over the five-year period.
SMART obtained an appreciation pay for LACMTA members who worked through the COVID-19 pandemic. No changes were made to employee benefits, and the pool of full-time operators also has the opportunity to expand with the offering of full-time positions to any interested part-time operator, provided they apply by Aug. 15, 2022. The contract also modifies the carrier’s disciplinary procedures, allowing for a streamlined appeals and arbitration process. It also updates sick leave and modifications to work rules.
GC Ellis stated: “This is a historic, record-setting contract agreement. We believe that this new contract represents a significant improvement and protection in wages and benefits for our 4,600+ members and their families.” He noted that the overwhelmingly positive vote was a strong indicator that union members were pleased with the agreement and the new contract represents a monumental accomplishment.
“This agreement has rectified concerns from previous contracts and has paved the way to amend future matters that may arise,” Ellis said. “We are pleased to have been able to put together a contract that speaks volume, as powerful as this one in turbulent times such as these.”
SMART Transportation Division President Jeremy R. Ferguson said: “We’re very excited, extraordinarily proud and grateful for the efforts by SMART-TD GO 875 Committee’s dedication. In a recent visit to Los Angeles over the spring, it was a pleasure to encounter the spirit and solidarity of GO 875. I saw and heard firsthand about the great work that they do and had a chance to engage their membership as they voiced their concerns in a town hall meeting. This contract is a great step ahead and congratulations to all involved!”
GC Ellis also stated: “I appreciate the patience our membership showed during these past stressful years, and I thank every single one of our members for their support during this process.”
The contract will now be presented to the Los Angeles County Board of Supervisors for their consideration. The Board is expected to vote on the agreement in late August or in September.
Union Plus has once again opened its ‘Unions Power America’ contest. The contest runs now and ends August 8 at 11:59 p.m.
Cash prizes have been announced with a grand prize of $25,000, first prize of $20,000, second prize of $15,000 and 25 third prizes of $2,000 each.
To win, members need to tell Union Plus how you or another union member you know are making a difference at home or in your/their community. If nominating someone else, both of you will be entered to win.
SMART Transportation Division and the Trustees of the Discipline Income Protection Program (DIPP) are pleased to announce a reduction in monthly assessments.
Effective Oct. 1, 2022, the monthly assessment for DIPP participants will be reduced from 81 cents to 75 cents per $1 of daily benefit. DIPP coverage ranges from $6 to $250 per day, ensuring that a participant covered by the DIPP program who is suspended, dismissed or removed from service by a carrier for alleged violation of rules or operating procedures will continue to receive income.
Participants in the DIPP also have the added flexibility of electing to increase their benefit level or to modify their coverage at any time by submitting the appropriate form to the Transportation Division office.
This announcement is informational, and no action is required on the part of plan participants at this time. The reduction in assessments will be communicated to Local Treasurers so that the necessary changes to current participants’ payroll deductions are made in a timely manner before Oct. 1.
DIPP trustees are SMART General President Joseph Sellers Jr., SMART General Secretary-Treasurer Joseph Powell and SMART-TD President Jeremy R. Ferguson.
SMART Transportation Division (SMART-TD) would like to take a few moments to update the thousands of essential rail workers whom we proudly represent, the rail shippers and customers, as well as the public at large on the real status of labor negotiations and about the serious factual misrepresentations that the Association of American Railroads (AAR) and railroad representatives are stating as “FACT” surrounding the “railroad labor negotiations and the need to avert a network shutdown.” Their claims are simply not true.
Let me be clear, rail labor is NOT looking to strike or shut down the nation’s economy at the expense of everyone. We want and deserve a fair agreement for our members. We strongly believe that a Presidential Emergency Board (PEB) will help us to garner that without the necessity of a strike. This does not mean that we will not do what’s necessary to get a fair agreement, but rather we expect the Railway Labor Act (RLA) to do its job as it has in the past so that it does not come to that. We are fully prepared to act if the provisions of the RLA get to the point of self-help or strike.
I was present and testified with a full team of experts in front of the Surface Transportation Board (STB) on April 26th and 27th in Washington D.C., concerning the massive network disruptions, the negative effects of Precision Scheduled Railroading (PSR), and the pending supply chain collapse due to railroad mismanagement of their networks. Shippers don’t know when they will be serviced, and the workforce doesn’t know when we will be going to work. I was proud to testify to make it known that we fully support our customers’ efforts to have the reliable and consistent service that they not only deserve, but also contracted with the railroad(s) for. I made it clear then, and now do so once again, that we stand ready to do everything within our power to keep freight moving and to support this country’s supply chain and economy.
Much like the testimony delivered by the railroads and AAR at the STB hearings, again there’s a steady stream of lip service, half-truths and misleading innuendo trying to skew the truth about the status of negotiations. I would also note that, to date, the AAR has not put forth any data supporting the “fair” percentage wage increases they are proposing and “provide well-deserved compensation increases to our essential employees and are consistent with labor market benchmarks.” What they are purporting as fair is only fair in their eyes and obviously not seen as “fair” by their essential employees who are quitting their jobs in record numbers. I have been at the negotiating table. I have yet to see any fair proposals put forth by the carriers in three years of negotiations. The benchmarks they are using at the negotiating table were established well before the pandemic and inflation occurred. I would also cite the fact that due to the PSR scheme worker productivity is running at such a high level that it is literally about to snap like an overstretched cable or chain.
Assuredly, a 16% wage increase over five years is not acceptable by today’s benchmarks. The railroads’ plans to increase the employees’ share of healthcare costs to such a point that the raises become net-zero is not reflective of rail carriers’ record profits or of their desire to keep their “valued freight rail customers,” isolated from further network disruptions caused by lack of manpower. The proposed five-year increases also come below all standard cost of living metrics. The railroads these days are having a very difficult time attracting potential new employees because of their refusal to bargain in conjunction with today’s benchmarks, much in the same way that they refuse to acknowledge shippers’ need to have sufficient and reliable service in accordance with their common carrier obligations.
On multiple occasions, SMART-TD has stood up for shippers, while carriers lacked any interest in fixing the current shipping problems that worsen by the day. PSR is the reason. Everyone knows it. Legislation may be needed for a permanent fix to the problem, and I think that day is coming soon. The quickest fix is to stop the railroads from running such ridiculously long trains, which the current infrastructure can’t handle, and get back to basics now! Instead, they cajole shippers to help them save a few dollars of their record profits, wanting to tip the scales against the very people who do the work and who are chiefly responsible for getting the railroads their profits. This is appalling. By hanging the fear of service disruptions in front of the shippers, it would almost be comical if the current state of the supply chain situation were not so dire.
Meanwhile, the tales told by the mouthpieces of the carriers keep getting bigger and bigger. One such fish tale dangled in front of people mentions that labor seeks a 47% wage increase. Even the head of the National Railway Labor Conference can’t provide the evidence to document this whopper. The truth is the three biggest railroads at the negotiating table don’t want to part with ANY of their record profits, nor do they wish to reward the workers who have busted their asses for the last three years without a raise, to get them those record profits. The shareholders were rewarded with record buybacks of $10 billion. Where is the reward for the employees who are actually doing the back-breaking work to make those buybacks possible? With a stale contract that has been in effect since prior to inflation taking hold, the workers have nothing to show for their blood, sweat and tears, as well as the sacrifices they and their families have made.
Pouring on the risk and absurdity, the big 3 claim they wish to get a deal done given those “fair” proposals they’ve allegedly made. What they’re not telling everyone is that instead of negotiating with labor at the national table to get this deal done, they are instead more concerned with keeping up their mediation meetings in an attempt to get a crew-consist agreement completed to further reduce the rail workforce, thanks to the allegedly “fair” arbitrator selection process out of the previous National Mediation Board (NMB). Carriers again are attempting to go to one person occupying the cab of a freight train. (Their ultimate stated goal is zero crewmembers on trains frequently carrying hazardous freight.) Such a measure would put the safety of our communities at serious risk and the supply chain in dire jeopardy, more so than it is right now. Were carriers so concerned about a fair national agreement to stop service disruptions, one would think they would concentrate on the goal of a national agreement. Instead, carrier execs and their cronies are off for two weeks at a time trying to find a way to get rid of more employees rather than trying to come up with a fair and equitable agreement to keep the ones they now have. UNBELIEVEABLE, but not surprising!
Class 1 railroads are not just servicing their own greed and that of Wall Street, they are working against serving their own customers, their own workforce, the families of their employees, the communities they serve and the American economy. This strategy will net them those short-term monetary gains they desire at the expense of the long-term viability of the American supply chain, our national security and the long-term health of the national economy.
Lastly, I find it very offensive that the railroads, via the AAR, would reach out to the shippers to assist their efforts in advocating for so-called “fair-minded” arbitrators with rail industry experience to the Presidential Emergency Board (PEB) to help facilitate what they perceive to be a reasonable agreement and avoid network disruptions. We all know that getting a good contract for the workforce will not only stop the bleeding, but it will also help employee morale and keep the supply chain moving. Absent an enticing contract, the current workforce will continue to shrink and worsen the situation more than any other factors possibly could. I can’t stop my members from leaving the industry, but the railroads can by offering a truly fair and equitable agreement with wage increases, no changes to healthcare costs and predictable scheduling, among other asks.
To the rail customers: I urge you to respond to the AAR’s request by telling them that you support SMART-TD and labor as we have supported you. We have faith that the Railway Labor Act process will work just fine, much like it always has since 1934, and you should too. Don’t let yourselves “get railroaded” by the AAR. America’s Class 1 railroads are attempting to “railroad” customers, railroad employees, their families, and the American public, as a whole, and “attention must be paid.” Don’t listen to their propaganda. Do your research and look at the facts for what they are. I can assure you, if the carriers get what they are proposing, things will only get worse and it will be their own fault.
Sincerely,
Jeremy R. Ferguson President, Transportation Division
Robert Kevin Spragg, 59, passed away Monday, June 20, 2022. An active member of Local 1420 (Memphis, Tenn.) since August 1998, Spragg served as the local chairperson for LCA-001A (BNSF) since 2012 and as a delegate at the 2014 and 2019 conventions. He was a dedicated union man.
“Kevin worked over 25 years for BNSF Railway and was Local Yard Chairman of SMART-TD Union Local 1420, where he was regularly sought-after by his colleagues for guidance, advice, and a friendly, no B.S., humorous personality,” his obituary said.
In his downtime Brother Spragg loved entertaining family and friends, traveling and collecting antiques. He was also an avid New York Yankees fan and liked cooking, classic movies and yacht rock. He was known as a person who checked on and helped others.
Brother Spragg is survived by his wife, Georgia Cooper Spragg; his mother, Anita Spragg; brother, Steve Spragg (Paula); sons, Jesse Cooper (Lizzy), Ryan Spragg (Cindy), Tyler Spragg (Sydney); granddaughters, Molly Elizabeth Cooper and Allie Spragg; grandson, Ozzy Spragg; nephew Hunter Spragg; nieces, Sophie Townsend and Megan Rasberry; as well as a large extended family and friends.
A celebration of life will be held at Memphis Funeral Home, 5599 Poplar Ave., Memphis, TN on Saturday, June 25, from 1 to 4 p.m. The family requests that donations be made to St. Jude Children’s Research Hospital or to the World Wildlife Fund in lieu of flowers.
“Kevin has been active in Local 1420 for many years and will certainly be missed. Our thoughts and prayers are with Brother Spragg’s family,” GO 001 leadership said in a statement.
SMART-TD extends its heartfelt condolences to Brother Spragg’s family, friends, Local 1420 and to all who knew him.
Today we reflect on and honor the sacrifices made by all the men and women who have served in the United States Armed Forces. Without their protection, we would not be the country we are today, nor would we enjoy the freedoms that we do.
SMART-TD members honor the memory of veterans by placing flags on their graves.
As a veteran of the U.S. Army, I view this holiday with great respect and solemnity. As such, this union takes seriously the duty and obligation that we must show appreciation to members of the military — those on active duty, those who have retired and those who are no longer with us. We must remember and show gratitude for all they have done to defend our country, our nation’s constitution and our people as a whole. Their sacrifices must not go unnoticed nor be forgotten.
So as we all celebrate this Memorial Day, please take a moment to reflect on what this holiday really means. Remember to take the time to reflect on the memory of those whom we have lost in defense of our country and for those who currently serve.
As a reminder, our union has many resources for veterans available — please see the links below. As we continue into June, which is PTSD awareness month (National PTSD Awareness Day is June 27), be sure to take care of yourselves and seek out help or support if you need it. More information about PTSD and treatment options are available here.
If you are suffering from PTSD and think you may hurt yourself, please call the National Suicide Prevention Lifeline at 1-800-273-8255 to reach a trained counselor. Use that same number and press 1 to reach the Veterans Crisis Line.
A 1996 graduate of Marlington High School in Alliance, Ohio, Brother O’Brien was a member of the Louisville Baptist Temple, the Civil Air Patrol, the NRA and was a part of his high school wrestling team. He enjoyed skydiving, going to shooting ranges and spending time with his dog and family.
A 23-year member of CSX Local 1374, Brother O’Brien was both a certified conductor and engineer.
“I only knew Erik from some phone calls over the years, and he seemed to be a great person,” said GO 049 General Chairperson Rick Lee. “He was a loyal member of UTU/SMART.”
Brother O’Brien is survived by his parents, Daniel and Denise (Boyce) O’Brien; wife, Catherine (Welton); son, Caiden John O’Brien; brother, Shane (Jodi) O’Brien; as well as several nieces, nephews, aunts, uncles, cousins and friends. He was preceded in death by his paternal and maternal grandparents.
A visitation is scheduled Friday, May 27 at the Louisville Baptist Temple, 6565 Columbus Road NE, Louisville, OH 44641, from 4 p.m. to 7 p.m.. A funeral service will be held privately and he will be interred at Fairmount Memorial Park.
A fund has been set up for Erik’s son, Caiden, and checks may be made out and sent to the funeral home with the name Caiden O’Brien in the memo. The funeral home handling the fund is Cassaday-Turkle-Christian Funeral Home, 75 S. Union Ave., Alliance, Ohio 44601. Memorial contributions may also be made to the NRA, 11250 Waples Mill Road, Fairfax, VA 22030 or to Gideons International, P.O. Box 97251, Washington, D.C. 20090.
May 24 marks the rollout of the Membership 101 portion of SMART University, an online video-based educational resource designed for new SMART Transportation Division members to get acquainted with their union.
The first flight of releases includes video primers on local meetings, the roles of local officers, how to approach a carrier investigatory hearing and other important topics for union members.
“This is an exciting project that we’ve been working on for some time,” SMART Transportation Division President Jeremy Ferguson said. “These videos can be accessed anytime and anywhere. In conjunction with our Regional Training Seminars and other training efforts, we’re hoping that these serve as building blocks to engage one another and to make our union stronger.”
