The passing of SMART-TD Vice President John “J.D.” Whitaker was a loss felt throughout our organization. His contributions to this union are well known and will resonate for years to come. That being said, one of the strengths of this organization is the depth of our roster.
Gary Crest
In mid-September, SMART-TD’s Board of Directors elevated Alternate Vice President Gary Crest, general chairperson of SMART-TD GO 887 (Union Pacific Western Lines) to vice president of the SMART Transportation Division.
Brother Crest started his railroad career in 1993 with the Copper Basin Railway as a trainman and was promoted to engineer in 1994. He continued to work there as an engineer until December 1997 when he was hired by the Union Pacific Railroad.
Brother Crest has been a general chairperson on the Union Pacific property since January 2015 with an unprecedented level of success, including obtaining paid sick time for the first time for Union Pacific employees. Prior to serving as GC of GO 887, Crest served as a vice local chairperson, local chairperson, delegate, vice general chairperson, chairman of the Western General Chairpersons’ Committee and has been a member of the SMART TD Executive Board.
Beyond his service to our union, Gary has also served on the Federal Railroad Administration’s Rail Safety Advisory Committee (RSAC).
Crest’s new role as vice president was made official during a Sept. 18 Board of Directors meeting, and he began his duties on October 1.
Brother Crest said he’ll bring the same level of confidence and intensity as a vice president as he’s had as a GC.
“I thoroughly enjoyed the work I did and the progress we were able to make in my time as a general chair at 887,” he said. “I look forward to bringing that experience and the same fight to my role as a VP.”
As SMART Transportation Division local elections are approaching, it is important that proper procedures are followed. In order to provide support to our locals in their election process, SMART-TD President Jeremy Ferguson’s staff worked with the U.S. Department of Labor (DOL) to provide answers to questions secretary & treasurers and other local officers might have about the procedures.
SMART Transportation Division and the U.S. Department of Labor held a joint educational session online to instruct local officers about the rules and regulations governing upcoming SMART-TD local elections.
Over a 2 1/2-hour webinar Oct. 12, SMART-TD staff and two DOL representatives presented about election requirements and the DOL regulations that govern local elections to help our locals follow and apply them correctly. Representatives from roughly 40 SMART-TD locals were in attendance on the call.
SMART-TD wants to thank the S&Ts and other local officers throughout our organization who made the effort to be part of the productive session. We would also like to thank the representatives from the DOL’s Office of Labor-Management Standards who lent their expertise.
If you are a local officer or candidate for local office who has questions surrounding the election process, please reach out to President’s Department Administrative Assistant Ralph Leichliter at 216-227-5285 or rleichliter@smart-union.org.
As a union, we are reaching out to request your support of one of our brothers in his moment of need. Brother Greg Nunez from SMART-TD Local 898 (Boston, Mass.) has been a SMART-TD member for over nine years.
He works as a conductor for Keolis in commuter service. More importantly, Nunez has a young family at home in the Greater Boston area, and the circumstances surrounding a kidney and pancreatic transplant surgery have him stranded in Orlando, Florida away from his two beautiful children and his family support network.
Conductor Greg Nunez poses for a photo with a young patient during a hospital visit. Brother Nunez of Local 898 in Boston is contending with his own health problems and his family is asking for assistance.
After years of hoping and waiting for that call, Greg had the good fortune of being paired with a donor of a kidney and pancreas that was compatible. The only problem was that the donor was in Orlando, Florida, 1,293 miles away from Boston.
Initially, this meant an insignificant 2 1/2-hour flight. Unfortunately for Brother Nunez, this surgery that was the key to unlocking a long and productive future with his family has taken a turn for the worse, and he is stranded in Orlando in need of funds to pay for a Med-Flight back to Massachusetts.
Post-surgery, Brother Nunez suffered a stroke due to the effects his life-long battle with diabetes has had on his body. He has subsequently undergone seven surgeries and is currently on machines to assist his breathing.
His wife, Katherine, has been with him in Florida for an extended period, but the strain of being with her recuperating spouse in Orlando while raising a family in Boston is as expensive as it is exhausting.
After a long and distinguished career fighting for the rights and well being of SMART Transportation Division Bus Department members, Vice President Calvin Studivant retired on Sept. 30.
“It’s been a pleasure serving with Brother Calvin in many capacities going back many years,” SMART-TD President Jeremy Ferguson said. “I am very happy for Calvin and his wife and wish them well and thank him for all his years of service.”
Brother Studivant had served as a vice president for the Bus Department since Oct. 1, 2014, and had the following message to share:
“It has been an honor and privilege to serve you, as I embark on this next chapter of my life, please know that I will continue to pray that you all will be able to do your jobs without the fear of being assaulted. I know that TD President Jeremy Ferguson has the Bus Department’s best interests at heart and will supply the necessary resources to ensure your safety.
“I hope that I represented you well. My only interest was ensuring that you were treated with dignity and respect and received the compensation you deserved. I will always be proud of the bus operators, because I, too, am one, and I know all too well the challenges that you face daily. I pray that God will continue to bless you all. I thank you for that opportunity. SMART forever.”
Fellow Bus Department Vice President Alvy Hughes said that Studivant has been a stabilizing force in the progress the department has made.
“He has always put the Bus Department’s membership first,” Hughes said. “His sacrifice and leadership to this organization have been second to none.
“I have had the pleasure of knowing Brother Studivant since my union career began, and he has been a great mentor, brother, and true friend. I salute him for all he’s done. He will be truly missed.”
Studivant, a member of Local 759, Newark, N.J., served in the U.S. Army from 1982 to 1986, then moved to Clifton, N.J. He was employed at Community Coach starting in June 1993.
He was named alternate vice president — bus-East by the United Transportation Union’s Board of Directors in August 2009 and re-elected in 2011. He was elevated to vice president — bus by the Transportation Division Board of Directors Oct. 1, 2014. At the Second SMART TD Convention on August 11, 2019, he was elected again by acclamation.
Studivant is married to Michelle, and the couple has three children and two grandchildren.
His commitment to the union fulfilled, he said he will now enjoy time with his family in his retirement years.
The SMART Transportation Division wishes Brother Studivant a long and happy retirement.
James Sandoval, who has served as an alternate vice president of the SMART-TD Bus Department, joined Hughes as a vice president Oct. 1 after being elevated by the SMART-TD Board of Directors.
Brother Sandoval has been a bus operator at the Santa Cruz Metropolitan Transit District for more than a decade.
James Sandoval of Local 23 was elevated from alternate vice president to become vice president of the Bus Department on Oct. 1.
He’s been intensely engaged with labor efforts after joining SMART-TD as a member of Local 23 in Santa Cruz, first as a local officer then at a national level.
He assumed his first officer roles as general chairperson of GCA-SCM, alternate legislative representative and local chairperson of LCA-SCM in January 2019.
In February 2022, he assumed the position of Local 23’s legislative representative.
Brother Sandoval joined the California State Legislative Board as a legislative chairperson in June 2022, became an organizer in January 2021, and in August 2022 became alternate vice president of the Bus Department-West.
“Our rail members from BNSF properties definitely had their voices heard in this process and they should be proud to see their fingerprints throughout this outstanding TA. They were very clear that they wanted a level of predictability for when their time off would be honored, and they wanted a predictable and non-punitive method of filling vacancies that directed the assignment to those who wanted the work and was not aimed at punishing those who aren’t willing to work off of their turns. This TA that our eight General Chairpersons fought for does both. Not only will our brothers and sisters get more compensated time off, but it will be less of a moving target. This is another big step ahead for SMART-TD and our BNSF members.”
— SMART-TD President Jeremy Ferguson
SMART-TD is proud to announce that a tentative agreement has been reached between our General Committees and the Burlington Northern Santa Fe Railroad (BNSF). This agreement has been in the works since January 18, 2023, and is highlighted by many upgrades to the quality of life for our members.
All eight SMART-TD General Committees representing our BNSF properties have reached tentative agreements with the carrier and have already sent the details to their local chairpersons for distribution to their members for consideration.
The general chairpersons involved included GO-001’s Mike LaPresta, GO-009’s Scott Swiatek, GO-017’s Rich O’Connell, GO-020’s Justin Schrock, GO-386’s Larry Miller, GO-393’s Kevin Kime, GO-577’s Roy Davis, and Tony McAdams from GO-JTD.
The tentative agreements for each of the eight General Committees are founded on the same language while still giving each General Committee the flexibility to adapt the terms to fit the unique needs of their specific members. The following is a synopsis consistent for all eight of the committees.
Extra boards: Allowed to keep road and yard separate under new conditions under Section V.
6th week of vacation for 25 year or more employees.
Up to two weeks of vacation can be selected as float weeks.
PRE-layoff for all single PLD/VAC, weekly VAC and EDO days.
Continuous-held-away after 16 hours for everyone on every pool.
Extra Paid Sick Leave Day. (5 total w/same option of converting 3 PLD/VAC to total 8)
Earned Day Off: With no unpaid layoffs in a 90-day period, earn one anytime day unpaid to lay off.
Turn swapping on pools that elect this option,
Preventive care days now available to assigned jobs.
Bereavement leave changes to expand the scope of what relationships qualify for bereavement as well as creating additional flexibility as to when bereavement can be used.
Increased new-hire training from 13 weeks to 14 weeks with additional time allotted in terminals that have RCO operations.
All Reduced Entry Rates or Tiers eliminated for all properties. Everyone will be at 100%.
Student and trainer pay rate increases.
Additional details tailored to the members of each General Committee will be included with membership ratification instructions, which are currently scheduled to be mailed to eligible voters on Tuesday, October 3rd. For those members who have email addresses and telephone numbers on file with SMART-TD, electronic notifications and voting instructions will also be sent. Tabulation of the ratification votes will occur on Thursday, November 2nd, and results will be announced soon after.
In a joint statement from the eight general chairpersons of the involved committees, the GCs had this to say about the tentative agreement.
“Our goals for this TA were to defend the separation of the road and yard extra boards and to bring predictable guaranteed time off for our members regardless of their assignment or board. We believe we achieved these goals and significantly more. This TA has come a very long way from where it started back in January. The eight of us and our committees fought hard to finally get it to a point where the TA is worthy of ratification. None of us thought it was possible initially, and up until very recently, we thought it was destined to go to arbitration. But we are excited about the agreement we are putting out to the members for ratification. We would also like to thank Joe Lopez, who was the SMART-TD vice president assigned to this project, along with Vice Presidents Chad Adams and Jamie Modesitt for their assistance over this long nine-month process. Joe Lopez, in particular, went out of his way to shepherd this TA through the many highs and lows in the process. We all appreciate their dedication to the process and to the quality of life this TA has the potential to bring to our members.”
— SMART-TD General Chairpersons representing BNSF crew bases
In a combined statement from the three vice presidents who were involved in this negotiation, Lopez, Adams, and Modesitt were quick to give the 8 GCs the praise, saying, “The ability of this group of general chairpersons to stick together for the benefit of all is a true testament to brotherhood. Maintaining the same course for eight general chairpersons is no easy task, but this group successfully did it. Their effort and hard work were the difference between securing a tentative agreement and leaving the final outcome in the hands of a third-party arbitrator.
“As a group, we are proud to send this TA to the members for a ratification vote. We know that we got every inch of quality-of-life improvements out of this agreement. It’s our belief that our BNSF members are going to have more time off with their loved ones. They won’t get called right before their day off, forcing them to continuously cancel and change their family’s plans, and when they have this time away from the rail, they’ll have a little more in their pockets on top of it. All the way around, this is a good development for our men and women, and we couldn’t be more excited for them.”
It’s easy to levy criticism at the training programs run by the railroad carriers in 2023. But as we all know, criticism is meaningless without action.
SMART Transportation Division is doing more than talking about the decline in the quality and quantity of training new hire railroaders receive. As leaders in rail labor, we work to arm ourselves with the tools needed to address training shortfalls rather than wait for the railroads to do the right thing.
Last week, the Federal Railroad Administration (FRA) awarded SMART-TD $602,227.35 to continue our mission to get our members the training they need to safely perform their duties as railroad professionals.
The award was granted through FRA’s Consolidated Rail Infrastructure and Safety Improvements (CRISI) program. This is the first award of its kind to a rail labor organization and a clear indication from FRA Administrator Amit Bose and the Biden administration that they view SMART-TD as a true partner in the mission to improve rail safety and a union with innovative ideas and plans worth investing in.
SMART-TD has proactively provided tools such as SMART University to help enhance organizational training opportunities for our members and officers at every level of our organization. In addition, our Regional Training Seminars bring educational opportunities closer to home for those who want to learn more about their union and the way the industry works. This grant will allow the financial means to further expand these platforms to include job duty best practices, and other safety sensitive training.
The training project these federal dollars are going toward is known as the Data Driven Safety Training and Education for Front-Line Railroad Workers. Led by SMART-TD President Jeremy Ferguson and his department, in collaboration with SMART-TD’s National Legislative Director Greg Hynes and Alt. National Legislative Director Jared Cassity, they’re on a mission to restructure the role of training rail workers.
“Every railroader has his/her own opinion on what needs to be done to fix the industry. But one thing all of us agree on is that the training programs are not even close to reflecting how dangerous or important rail jobs are.” President Ferguson said. He went on to frame the grant award as a vote of confidence in SMART’s ability to provide leadership in this arena. “If I had to sum up my reaction, I would say that Department of Transportation (DOT) leadership and President Biden see the dangerous trajectory this industry is on. Training is fundamental to a safe workplace, not just for our members but for the public, too. The East Palestine disaster and the fact that there are more than three major derailments a day in this nation is a testament to the need for a fundamental change, and proof that the status quo is clearly not working. They recognize that there is a better solution by investing in SMART-TD and our vision of training.”
New-hire training for all Class I railroads has been in the crosshairs of FRA Administrator Amit Bose in the past year in conjunction with an intense national focus on railroad safety. Bose has called for a complete audit of Norfolk Southern’s training program and has even gone as far as rejecting their program in its entirety and giving hard deadlines to redesign it from the ground up.
CSX has had very public struggles with their training programs this year as well, including two trainee fatalities that prompted scrutiny from SMART-TD as well as the FRA. As all our members coast to coast know, the bare-bones training approach of the Class I railroads is not exclusive to any one carrier. Some of the freight carriers are participating in a race to the bottom by cutting corners, at the expense of training, to fill self-inflicted employment shortages as quickly as possible.
In addition to supplementing the training of our members, this grant project is also tasked with providing our brothers and sisters on commuter and passenger rail a heightened level of training in preventing assaults in their workspace. As the grant proposal states in the project summary, -”
“As our transit and commuter rail members know all too well, their carriers and agencies have failed to provide the operational changes and training necessary to keep our members safe. That is unacceptable. We take this seriously and know that more is required, especially as the assault rates continue to climb,” Alt. Legislative Director Cassity said. “With this grant, SMART-TD will once again pick up the slack for the gaps in the carriers’ training. If the companies can’t keep our people safe, we’re damn well going to do it ourselves.”
SMART-TD is honored and excited to have this opportunity to work with FRA to take a greater level of control in the training regimen of our members. As the training is developed and rolled out, SMART-TD will keep you informed on the progress being made.
President Ferguson wanted to give special recognition for winning this grant to SMART-TD Director of Administration Matt Dolin. “He deserves our thanks for securing this grant. He went above and beyond the call of duty to make this a reality,” Ferguson said. “When this program is all said and done, Matt’s efforts will have been leveraged into thousands of hours of safety training that would not have happened otherwise. There were a lot of moving parts in making this grant a reality, but Matt and his professionalism played a large role in realizing this funding.”
While our online registration options for the upcoming Transportation Division Regional Training Seminars (RTS) to take place in Toledo, Ohio, Oct. 3 through 6 and in Davenport, Iowa, Nov. 6 through 9, have been disrupted, these events will go on as planned.
For those who have not yet registered, on-site registration for attendees will be an option at both events. The fee to attend the RTS is $50.
Lodging can be booked for the Ohio event by calling the Hilton Garden Inn Toledo Downtown at 419-464-9220. The discounted hotel room block has been filled.
For more information, contact Ohio State Legislative Director Clyde Whitaker at 419-565-2629 or email smartunionoslb@gmail.com.
For the Davenport event, call the Rhythm City Casino at 563-328-8000 and mention that you are with SMART-TD to obtain a discounted rate. The TD event rate is $112 per night.
For more information, contact Iowa State Legislative Director Christopher Smith at 641-278-0699 or by email at utuislb@hotmail.com or Illinois State Legislative Director Bob Guy at 312-236-5353 or by email at bob.guy1@comcast.net.
Please note: Attendees are responsible for making their own hotel reservations for these events.
SMART-TD appreciates your patience as service is restored.
Local Chairperson Nathan Hatton, center, gives a thumb’s up with Local 278 Legislative Representative Tom Dillon to his right in the photo as they support United Auto Workers Local 900 members in Detroit on Wednesday, Sept. 20.
Members of SMART-TD Local 278 (Jackson, Mich.) and General Committee GO 687 hit the picket line in Detroit, heart of the auto industry on Sept. 20. Our members were on the line supporting the proud men and women of United Auto Workers (UAW) Local 900 outside of Ford’s Michigan Assembly Plant, better known as MAP.
The SMART Transportation Division is proud to see our members publicly joining the fight in this historic movement known as the UAW “Stand Up” strike.
TD members showed up on the strike’s first day, then again four days later on Day 5 to deliver bottled water and to show support, Local 278 Legislative Representative Tom Dillon said.
“A common conversation I had with most UAW workers both days was that this fight wasn’t just for them It was for all of us… all of us working middle class people trying to live a great life. A life that our parents enjoyed through the fruits of their labor,” he said.
“Yet here we are today, and the folks that build these cars and trucks can’t even afford to buy one, let alone our children. It’s invigorating to be out there supporting this fight to say the least and I’m hoping to get out there again with our union brothers and sisters to show more support.”
Thank you to all our members throughout the country that are doing the same.
Please get in touch with SMART News at TD-DL-News@smart-union.org and let us know what your local is doing to help their cause!
SMART-TD members out to support the UAW strike include, front, Local 278 Legislative Representative Tom Dillon, and from back left, Local 278 President Dave Firlik, Local 278 LCA687E Secretary Jason Tackett, Local 278 member Nick Huberts and GO 687 Vice General Chairperson James Reid. The “Wingman” at right was unidentified.
Fifty-seven SMART-TD members, officers and spouses, as well as UTUIA, RRB and TD Auxiliary, gathered for the first Solidarity Shoot in Ellerbe, N.C. earlier this month.
TD members from both North and South Carolina got together for a late summer clay shoot at DeWitt’s Sporting Clays in Ellerbe, N.C.
About 57 people participated – including President Jeremy Ferguson and Alt. National Legislative Director Jared Cassity.
North Carolina State Legislative Director Ron Ingerick organized the event and took part, as did SLD Will Ferguson from South Carolina.
General Chairperson Thomas Gholson (GO 898) and Vice General Chairperson Matthew McCrary (GO 851) as well as representatives from UTUIA, the Railroad Retirement Board, TD Auxiliary and families and spouses attended the first of what Ingerick is hoping will be an annual event for members.
“This was something to build solidarity and open communications between the local members across the two states for bus and rail,” Ingerick said. “We’re just trying to pull things back together since COVID. Hopefully it’ll be a bigger event going forward and next year we’ll have an even bigger crowd.”
As the strike action of our brothers and sisters at the UAW moves forward, I wanted to reach out to all SMART-TD members and reiterate our support for the UAW and the goals they are working to achieve.
On Thursday, I reached out to our rail members to let you know that you have a right to refuse to service any facility that is under a picket if you feel your safety is at risk. This right is written into our SMART constitution.
All signs from the UAW are that their strike has the potential to go on for quite some time. Right now, the media and public are focusing on their struggle. This is good news for the labor movement, however, as the strike continues, this attention and support might get watered down.
SMART-TD’s rail members are prohibited by the Railway Labor Act to participate in a sympathy strike, which means we cannot stop coming to work for our employers. What we can do, in addition to not crossing the picket lines to service industries if our safety is in jeopardy, is that we can support the efforts of UAW when we aren’t on duty.
It is my hope that as a union, we will do everything we can to show our solidarity with UAW in their time of need. Like all unions, their strike fund is not robust enough to pay their members the salaries they need to live off of indefinitely. If you are interested in helping, please do what you can to support their cause.
Please get out and walk the line with our UAW brothers and sisters. If you can bring food to show your support that is always appreciated. I would love to see SMART-TD members showing up in SMART gear and lending a hand to this worthy cause.
We are prohibited from not working our jobs at the railroad in support of their strike, but we can show up on our own time and do as much as we can to be of service to their movement. Please join me in the effort to find a UAW demonstration, put on your SMART T-shirt, pick up some pizzas and let them know that we stand with them.
UAW workers are in this fight for the long haul. Any reinforcement our union can provide them will go a long way toward their fight and the labor movement throughout this country.
