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The United States Congress is not known for its ability to agree on anything. Anything, that is, except for the fact that large railroad companies are 100% incapable of self-regulation.

SMART-TD railroad union gives labor’s perspective

SMART-TD’s National Legislative Director Greg Hynes represented all rail operating crafts before the House Transportation and Infrastructure committee today. He joined NTSB Chair Jennifer Homendy, FRA Administrator Amit Bose, Deputy Administrator of PHMSA Tristan Brown, and David Arouca, national legislative director of the Transportation Communications Union (TCU) in testifying. The topic: Answer questions related to the current state of rail safety.

The second panel of the rail safety hearing before the House Railroads, Pipelines and Hazardous Materials Subcommittee is shown on July 23. SMART-TD National Legislative Director Greg Hynes is at right.

Can railroads be trusted?

Republican and Democratic congressional representatives, along with three members of the Biden/Harris administration, all put the Class I railroads on notice with a collective answer of NO!

When Brother Hynes was asked the direct question of whether big railroads can be trusted to self-regulate, he answered definitively: “Absolutely not, and I have a 150-year record to prove it!”

At one point in his line of questioning, Rep. Derrick Van Orden (R-Wisconsin) asked for everyone on the panel who works for the railroads to stand up and be recognized. He paused and followed it up with, “Let the record show reflect that no one stood up, because they didn’t bother to show up, even though they were invited to this hearing! BNSF, Union Pacific, and Canadian National were all invited to this hearing, and they are not here, and that is shameful. That is NOT OK.”

The time for union action is coming

Today’s hearing was not a close call — railroaders won big. The carriers not only lost, but they looked bad doing it! Everyone in the room knew what needed to be done: Pass the Railroad Safety Enhancement Act of 2024 and make the carriers accountable for the flatlined approach to improving rail safety that Precision Scheduled Railroading has encouraged.

We will continue to follow this story and stay alert as Congress throttles up its attention on these sister rail safety bills — the Railroad Safety Enhancement Act of 2024 and the Senate’s Railroad Safety Act of 2023.

ATTENTION: All SMART Transportation Division members employed by rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC).

As you are likely aware, on June 10, 2024, SMART Transportation Division began the process of formulating Section 6 notices to be served on rail carriers represented by the NCCC, which will include proposals to increase wages, benefits and improve working conditions. In our communications, all officers and members were invited to submit proposals for the Section 6 Notices to the SMART-TD headquarters.

To those members who have already submitted proposals, we thank you for providing your valuable input..

Members who have not yet responded are reminded that proposals are being cataloged through July 24, 2024. Soon thereafter, a committee of general chairpersons from the Association of General Chairpersons, District No. 1, will review the proposals and begin to fine-tune those suggestions into the notices to be served on the carriers.

In order for your proposal to be cataloged and considered by the Section 6 review committee, your proposal must be received in the Transportation Division office by the end of the day on July 24, 2024.

As a reminder, members may submit their proposals by email (preferred), fax or U.S. Mail:

Email – Section6@smart-union.org

Fax – (216) 228-5755,

or by writing to the attention of the SMART Transportation Division President at

6060 Rockside Woods Blvd. N., Ste. #325

Independence, OH 44131

Following this review process, the full Association of General Chairpersons, District No. 1, will be convened to review and finalize the union’s Section 6 notices. Those final notices will be reproduced and mailed to all participating general chairpersons for serving on the affected railroads no earlier than November 1, 2024, with changes to become effective no earlier than January 1, 2025.

In addition to membership submitted proposals, SMART-TD will be conducting a randomized membership survey to help define the issues for prioritization during negotiations. To ensure that you are eligible to participate in surveys, and to stay up to date on future developments, members are encouraged to register for the Member Portal and log in to the SMART-TD website at www.smart-union.org, and/or download the SMART Union app from the Google Play or Apple Store. 

The serving of notices under Section 6 of the Railway Labor Act is the first step in reaching a new national agreement with railroads represented by the NCCC. The carriers represented by the NCCC also have been working on their own Section 6 notices that they will serve at or about the same time the SMART-TD Section 6 notices are served.

All SMART-TD members are reminded that the current national agreement between the SMART-TD and NCCC will not expire on or after January 1, 2025. Under the status-quo provisions of the Railway Labor Act, the current national agreement will remain in effect.

Retired General Chairperson David Haack, a TD Alumni member from Local 322 (Milwaukee, Wis.) who served our membership on the Chicago & North Western, passed away July 13, 2024, at age 88.

David Haack was a general chairperson on the Chicago & North Western for many years.

Brother Haack joined our union in May 1959 and in addition to negotiating numerous contracts on behalf of his members, contributed testimony in Presidential Emergency Board (PEB) 213 regarding the C&NW in 1988.

Brother Haack attended UW-Oshkosh and UW-La Crosse and served in the United States Army. 

He worked with the Chicago and North Western Railroad as a conductor and the United Transportation Union as General Chairman. Brother Haack served as a union representative and advocate for his railroad brothers before his retirement. in 1998. 

He is survived by his wife of 65 years, Mary Ellen Sage Haack; his children, Dawn and Brian Kennedy, Tim and Molly Haack; and eight grandchildren.

Memorials can be made in Brother Haack’s name to St. Jude’s Hospital or Critter Junction Pet Rescue/Fond du Lac.

Visitation will be 9-11 a.m. Tuesday at Holy Family Church, 271 Fourth St. Way in Fond du Lac. A Memorial Mass of Christian Burial will follow, at 11 a.m. Cremation has taken place.

Additional information and guestbook can be found at ueckerwitt.com.

SMART-TD offers its sincere condolences to Brother Haack’s family and friends and his union brothers and sisters. 

CLEVELAND — The closing session of the SMART Transportation Division 2024 National Training Seminar recapped significant safety advancements driven by our railroad members over the last year.

The key to continuing those improvements is sharing safety concerns at every level. Several examples were presented at the seminar.

Officers in Minnesota won hours of service cap for yardmasters

TD President Jeremy Ferguson recognized Minnesota State Legislative Director Nick Katich who, along with Alternate Vice President Christopher Bartz, pushed legislation to create hours-of-service limitations for yardmasters in the state.

Passed in May 2024, Minnesota became the first state to protect yardmasters from excessive fatigue and overwork. After listening to their members, and with evidence in hand, they were able to make a positive change. Their shifts in the tower are now capped at 12 hours.

“They were successful, and I want to thank them for a job well done in getting hours of service protections for our yardmasters,” Ferguson said.

The push for federal protection for yardmasters continues in Washington, D.C.

Railroad union and FRA continue working for C3RS

SMART-TD officers also were instrumental in getting a pilot program for the Confidential Close Call Reporting System (C3RS) together on three Norfolk Southern properties — the first time in recent years that a Class I has committed to anonymous safety reporting.

After the East Palestine, Ohio, rail disaster, the Association of American Railroads committed its member railroads to take part in C3RS. Already routine for aviation workers, the anonymous reporting system is independently administered by NASA.

“They said they were in,” Alt. National Legislative Director Jared Cassity said, but the carriers balked during discussions with the FRA’s Railroad Safety Advisory Committee (RSAC). They wanted to keep the ability to punish their employees.

“So, we’ve not made a lot of headway,” Cassity said. “I am not going to stop our fight to pursue C3RS on Class Is across the country, and for every railroader, because the reality of it is the data’s there.”

Norfolk Southern’s pilot and BNSF, with its dispatchers and signal maintainers, are the two exceptions.

C3RS has been established on 31 freight and transit operations nationwide, with about one-third of those properties with SMART-TD representation. Passenger rail properties such as SEPTA, Metro North, MBTA and Amtrak, and a smattering of short lines are among the participants. As a result, those SMART-TD members can anonymously report incidents that could have resulted in an accident.

“It works in the aviation industry. They’ve had it for more than 40 years. We’ve had it for 20 years,” Cassity said. “It’s a proven product.”

Local union officers learn how to bring C3RS to their property

Rob Castiglione, staff director of safety partnerships and Liz Gross, legal counsel from the Federal Railroad Administration, outlined how to get a freight or passenger carrier to take part in C3RS.

FRA’s Rob Castiglione speaks during Day 3 of the National Training Seminar in Cleveland on July 11.

First, the local chairperson on smaller properties or general chairpersons on larger properties must reach a memorandum of understanding with carrier management. It’s not difficult, as FRA and labor set up a template in 2003.

“It’s important to get FRA involved early,” stressed Castiglione, who once served as an FRA inspector. “Once you start having conversations about what an agreement or an IMOU (initial memorandum of understanding) looks like, get us involved. We are a stakeholder — this is a tri-party agreement between labor, railroads and the FRA.”

Next, encourage union members to use the system. Unless people on properties with the program make reports, it won’t be useful.

“We can’t promote this program all by ourselves,” Castiglione said. “This program does not succeed if members do not participate. It really starts at the grassroots level with your local chairpersons. Some of those folks who work side by side — the engineers and conductors talk about this program and how it works.”

Finally, provide all the details in those reports. Sometimes it’s a struggle to collect usable information due to railroaders’ guarded nature, he said.

“Too often we get reports that lack sufficient detail for the peer review team to understand what the hell happened,” Castiglione said.

But NASA, which has handled close to 2 million reports since the program began, eliminates any personally identifiable details from the reports. Workers shouldn’t be wary of taking part.

“Never once has NASA breached confidentiality for either the carrier or the worker,” Castiglione said.

The safety benefits are well-documented. C3RS has resulted in 19 safety alerts, nine notices to industry at large and 90 immediate alerts to individual carriers.

Properties who take part see marked improvements in safety with no risk to those who take part — a more than 25 percent improvement in incidents from years before.

“Close-call reports will never put people in a worse place,” Gross said.

C3RS and related links

FRA C3RS home page: https://railroads.dot.gov/railroad-safety/divisions/safety-partnerships/c3rs/confidential-close-call-reporting-system-c3rs

Volpe Center Lessons Learned: https://www.volpe.dot.gov/featured-report/confidential-close-call-reporting-system-c3rs-lessons-learned-evaluation-final

NASA C3RS page: https://c3rs.arc.nasa.gov/

NASA C3RS database search tool: https://c3rs.arc.nasa.gov/products.html

CLEVELAND — Chairperson Robert Primus and Vice Chairperson Karen Hedlund of the Surface Transportation Board opened the second day of the SMART-TD National Training Seminar on Wednesday, July 10.  They outlined the vital role labor organizations like SMART-TD play in overseeing the freight rail and bus industries.

Both officials took part in the board hearings under now-retired STB Chair Martin Oberman, where they confronted the nation’s railroads for their part in the post-lockdown supply chain meltdown.

Recap of the 2022 STB hearings on the railroad supply chain meltdown

“We’ve never had a board that has gone to battle for what the workers and shippers were going through like that board did,” SMART-TD union President Jeremy Ferguson said.

Primus: Labor brings critical issues into the light

STB Chairman Robert Primus shared that a void was filled by SMART Transportation Division leadership. Prior to 2021, rail labor did not have a voice with the STB committees overseeing freight and passenger rail.

Surface Transportation Board Chairman Robert Primus, center, speaks with Local Chairperson Nathan Hatton (LCA-769A), left, and General Chairperson/Organizer Justin Wolters (GCA-449).

“We really didn’t hear from labor, and that’s a shame because I think that’s one of the reasons why we are where we are today,” Primus said. “But those things changed. Marty Oberman did something crazy right around 2021… saying let’s bring the folks who run the railroads into the room with us.”

That opportunity allowed the priorities of rail labor to be heard, amplified and to give regulators a clear picture of the situation on the ground. Organizations like SMART-TD brough service issues, massive layoffs, and quality-of-life issues including draconian attendance policies and the lack of paid sick leave to light, Primus said.

“All the corporate types, they all started waking up, and we were able to really start to move the needle on some of these issues,” he said. “What Marty started has brought a powerful partnership between STB and labor. The result is, we’re stronger moving forward. That’s the big thing.

“All the things that they were doing in the dark were brought into the light. The good news is we’re going to be going forward together.”

SMART-TD railroad and transit union leaders sit on STB committees

Two of our leaders, SMART-TD Illinois State Legislative Director Bob Guy and President Ferguson, now sit on the STB advisory committees that oversee passenger and freight rail, respectively.

“For me, that’s important. You’re part of the equation. You’re part of the solution,” he said.

Primus also acknowledged the role unions had in helping him succeed Oberman.

“Labor stepped up first before anybody else,” Primus said. “I wouldn’t be here without the support of you in this room. I want to say thank you for letting me represent you.

“We’ll make people realize that the people who run the railroad are in the room right now.”

Hedlund: STB can help initiate rail growth

STB Vice Chairperson Karen Hedlund then recounted some of the work done during Oberman’s tenure and some things that may come regarding rail service.

STB Vice Chairperson Karen Hedlund

She’s familiar with our union, crossing paths earlier in her career with former FRA Administrator Joe Szabo, a TD Alumni member and former Illinois State Legislative Director.

She began by tamping down concerns about the recent Supreme Court ruling overturning the Chevron decision, which is feared to weaken federal oversight of private industry.

“I don’t think it means that the courts are necessarily going to be second-guessing everything,” Hedlund said. “They first have to find some ambiguity in the statute. Our statutes are pretty clear. There are some things that could use a little bit more elaboration, but if your statutes are clear and your precedents are clear, hopefully you can get through that.”

Another point she made was that the railroads, already a critical and efficient part of our infrastructure, need to expand. Only 30 percent of goods are transported by rail, she said.

“They have failed to grow their carloads over the past 20 years,” Hedlund said. “Over the last two decades, all rail transportation sectors except intermodal have shown significant negative growth.”

The latest forecast by the Bureau of Transportation Statistics says that rail’s market share is forecast to shrink compared with trucking in the future.

 STB can potentially prevent railroads from doing less with less via the common-carrier obligation, while supporting competition and abiding by STB’s reciprocal switching ruling.

The Staggers Act, passed in the early 1980s, ushered in an era of consolidation in the rail industry. This led to the current duopolistic structure of Class I railroads — only two in the east, two in the west and two running north-south — that restricts competition.

“Maybe it’s time for the statutory pendulum to swing the other way,” she said. “We have to start this conversation about what we need to find things to strengthen us to help the railroads and to help the employees. To help the economy and to help the environment. And we’re going to look to our advisory committees to work on that.”

CLEVELAND — Greg Regan, president of the 37-union coalition Transportation Trades Department of the AFL-CIO (AFL-CIO TTD) of which SMART-TD is a member, reminded attendees Tuesday, July 9, that labor’s collective efforts brought the needs of bus, transit, passenger and freight rail to the public eye.

But a change in the country’s leadership could reverse our progress. Labor needs to stick together.

“If you go back three and a half years ago or so, rail labor issues, transit labor issues were kind of hidden. Not a lot of people had a lot of awareness of the issues working people in those industries were facing,” Regan said. “We had rampant problems in the freight rail industry. We had a growing Amtrak service, but people were looking to cut them. Same with commuter rail. In transit we had people being beat up constantly.”

Railroad and transit union campaigns woke people up

Federal lawmakers didn’t begin to take notice until the 2022 national rail labor dispute that brought attention to draconian attendance policies, the lack of paid sick days and the strategies rail carriers were using to ensure record profits for companies.

“People were waking up,” Regan said. “That got an amount of attention that I’ve never seen in a contract dispute where people were on the side of the workers.”

The East Palestine disaster in February 2023 also highlighted the risks to people who live in communities that tracks run through.

“If things go wrong, the consequences can be very severe,” Regan said. “We cannot let federal lawmakers and the administration forget what happens when things go poorly, and we’re pushing.”

Labor’s persistence will be important in getting the Railway Safety Act and other measures passed that protect bus and transit.

“This does not happen without the advocacy of rail labor and the labor movement more broadly,” Regan said. “We are the ones on the ground. We see the problems and we see the opportunities.”

Unions pry the door open for important advances

Labor’s voice has helped to move infrastructure legislation forward that will result in more jobs for unionized labor. Keep the momentum going, press for more service where it is needed. This will eventually create more jobs as well, Regan said.

“When we look at where we can go from here, there’s a lot of opportunity and a lot of risk,” Regan said.

Receptive leadership of the federal agencies overseeing the rail and transit industries is in place, Regan said. The current administration listened, and the Federal Railroad Administration and Federal Transit Administration acted to protect union members and improve safety conditions.

“We did that together and we look forward to that, but we can’t do it without the right people in charge,” he said.

Ballots have been sent to workers at the Coaster commuter rail service in southern California, and the SMART Transportation Division (SMART-TD) is excited for the future opportunity to serve.

A unique opportunity

SMART-TD has been speaking with local workers during the representation campaign that began in April. Since then, our representatives have been laying the groundwork for success.

“Coaster members are looking for a voice that truly understands their unique challenges and can advocate effectively on their behalf,” Vice President James Sandoval said. “At SMART Transportation Division, we will bring them that voice.”

Unionized workers for Coaster have not seen a new contract in over two years and the subsequent boost in benefits a well-negotiated agreement brings. The SMART-TD is looking to step in to do just that once representation is finalized by the National Mediation Board.

Misrepresentation seen through

The Brotherhood of Locomotive Engineers is seeking to add Coaster workers and has been doing its best to sway opinion against SMART-TD. President Eddie Hall made a highly publicized statement May 31 stating that workers at Coaster “contacted us due to their continued dissatisfaction with the representation that they have been receiving from SMART-TD.”

A worker at Coaster and former BLE member with nearly 30 years in the rail industry responded to him directly via email to correct that inaccuracy.

“I’m all about transparency and truth. You mentioned that we are dissatisfied with the representation from SMART-TD, that is incorrect… We were previously under SMART, the Sheet Metal, Mechanical side, not the Transportation side. The majority of our members signed a petition that we wanted to be moved to SMART-TD and on April 17 we received confirmation that we were…I am not sure where you received this information that we are not happy with SMART-TD…”

In addition to the response to the false statement concerning SMART-TD’s representation, the worker expressed concerns about that organization’s tactics, saying they haphazardly swooped in the week our union began formal discussions in getting a transition into SMART-TD finalized.

“To me and a lot of others (it) felt like we were ambushed and the way it happened was not transparent,” he wrote. “We are very happy with what SMART-TD had done in the month they have been on property, and we want negotiations to start ASAP.

“Enough is enough and we are tired of all this back and forth. We have a great union now with SMART TD and want to get past this so we can sign a good contract.”

Making necessary adjustments

Once the results of the balloting are known, our union representatives intend to be laser-focused on getting the new members strong local leadership so that discussions on a new contract can begin. General Chairperson Rick Pauli, whose GO 769 represents seven railroads, including five commuter carriers, has been assigned a lead role in negotiating a new agreement.

“We are excited to get the negotiation process started for our brothers and sisters on the Coaster service. This membership has been working without an agreement for over two (2) years now,” Pauli said. “SMART-TD will ensure that the members get what they want and deserve – a great agreement with better working conditions.”

A service-oriented focus moving ahead

In addition to Pauli’s role in negotiations, Sandoval said that the union is excited to step in and serve, with Vice President Gary Crest also assisting.

“Serving our membership is our highest priority. We are committed to ensuring that our Coaster members have the strong, effective representation they deserve, and that starts with establishing solid local leadership and getting the contract they deserve,” Sandoval said.

Represented by the SMART Mechanical Division (SMART-MD) in prior years, SMART-TD has cooperated with the MD to transition and familiarize the unionized workers in the move over this spring. While the MD chiefly represents maintenance workers who make repairs on rail cars, most employees on the Coaster property operate trains and the TD is the largest rail union in the United States, representing operating employees at multiple commuter agencies in major U.S. metropolitan areas.

“We are the best at what we do. Our track record speaks for itself, and we are ready to bring that expertise to our new Coaster family” Sandoval said.

The lines of communication have been open to Coaster workers from the beginning in April and included a June 23 town hall virtual meeting with SMART TD President Jeremy Ferguson.

SMART-TD Chief of Staff Jerry Gibson says that once Coaster workers finalize their relationship with the Transportation Division that they will not be disappointed.

“A situation like this is one that SMART TD excels in,” he said. “We have organized similar underserved properties, improving membership communication, training and representation to a level that membership wants and frankly deserves. It is indicative of the member first, service-oriented mission of this union. That’s what we are here for and that’s what we’ll do. Most importantly, we do it transparently and without false promises, smoke and mirrors.”

The voting period for Coaster to finalize their entrance into SMART-TD takes place 12:01 a.m. ET Thursday through July 31, 2024. The tally will take place at the NMB’s offices 2 p.m. ET July 31.

Coaster is operated by the North County Transit District (NCTD) in northern San Diego County and runs about 40 miles from Oceanside to San Diego, Calif.

In 2022, our union reported that 10 Amtrak executives earned a combined $2.3 million in bonuses.

Amtrak was not happy about that report, but apparently, they were not embarrassed enough to change their practices. This year the railroad paid more than double that amount.

Fourteen executives shared $5 million in 2023, as reported by the New York Times, despite operating deep in the red.

In contrast, Amtrak’s frontline employees received no bonuses at all.

Corporate executives often receive incentive-based bonuses disproportionate to the salaries of their front-line employees, such as the people we represent, who do the heavy lifting. This is not unique to Amtrak.

What is newsworthy is that Amtrak has not turned a profit in its 53 years of operations, is propped up by U.S. taxpayers and still sees its way clear to provide a handful of executives bonuses of over $500,000 each.

All of this occurs, of course, while our conductors, assistant conductors and engineers are left out in the cold.

Amtrak called to account for executive bonuses

SMART-TD and the New York Times are not the only ones taking notice of this behavior. Earlier this month, U.S. Sens. Ted Cruz (R-Texas) and Deb Fischer (R-Nebraska) questioned Amtrak’s CEO and president about how they can justify giving out these large performance bonuses in a year when their company was $1.7 billion in the red.

The well-polished answer they received amounted to “We didn’t do as bad as in years past.”

This is true. Amtrak ridership is experiencing a significant increase, which we are pleased about and long-awaited new routes and opportunities to expand service are in the works. The company was “only” in the red by $1.7 billion, compared with its 2021 deficit of $2 billion, which reflects severe losses due to COVID.

Amtrak should invest in their workers

SMART-TD thinks that our men and women who operate the trains, keep the trains on schedule, the cabins clean, and the trains running safely deserve bonuses if the company is inclined to give them.

As Brother Rick Pauli, general chairperson for Amtrak GCA-769, said: “We are currently negotiating with Amtrak on an agreement for our members in the Northeast Corridor. It’s good to know the company has all that bonus money available. Myself and Fran Ariola (General Chairperson of GCA-663) will make sure to keep that in mind when discussing our members’ future wages.”

Amtrak’s 14 executives haven’t been confronted with an epidemic of on-the-job violence, as the crews who work these trains have.

In contrast, Roger Harris, Amtrak’s president, received about a half-million dollars as a bonus with a base salary of $479,000, according to The New York Times. Conservatively speaking, he received a 100% bonus.

The popular job search website Glassdoor.com lists the average Amtrak conductor salary at $74,000 and the median engineer salary at $117,000. If our engineers and conductors were working toward a bonus that potentially doubled their salaries, it’s a good bet that attendance problems would be a thing of the past and morale would be at an all-time high!

INDEPENDENCE, Ohio (June 10, 2024) — The SMART Transportation Division has begun the process of formulating Section 6 notices to be served on rail carriers negotiating under the umbrella of the National Carriers’ Conference Committee (NCCC), which will include proposals to improve wages, benefits, and working conditions. 

As mandated by the Railway Labor Act and the current national agreement, these Section 6 notices will be served on or about November 1, 2024, to become effective no earlier than January 1, 2025. The serving of Section 6 notices is the first step in reaching a new national agreement with railroads represented by the NCCC. Rail carriers represented by the NCCC have also been working on their own Section 6 notices, which they will serve at or about the same time SMART-TD’s notices are served. 

All affected SMART-TD officers and members are invited to submit proposals for the organization’s Section 6 notices. Members may submit their proposals by the following means: 

Email (preferred): Section6@smart-union.org 

Fax: (216) 228-5755 

Mail: SMART-TD President, 6060 Rockside Woods Blvd. N., Ste. #325, Independence, OH 44131 

Proposals received on or before July 24, 2024, will be catalogued and forwarded to a Section 6 Review Committee comprised of General Chairpersons from across the country, who represent members in the affected crafts. After the Section 6 Review Committee fine tunes those suggestions, a final draft will be forwarded to the entire Association of General Chairpersons, District No. 1, for final review and approval. On or after November 1, 2024, General Committees will begin serving those final Section 6 notices.  

In addition to the above, SMART-TD will be conducting a randomized membership survey to help define the issues for prioritization during negotiations. To ensure that you are eligible to participate in surveys, and to stay up to date on future developments, members are encouraged to register for the Member Portal and log in to the SMART-TD website at www.smart-union.org, and/or download the SMART Union app from the Google Play or Apple Store.  

All SMART-TD members are reminded that the current national agreement between the SMART-TD and NCCC will not expire on or after January 1, 2025. Under the status-quo provisions of the Railway Labor Act, the current national agreement will remain in effect. 

In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire department’s help.

Brother Franklin’s troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklin’s handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randy’s “Perfect work history” and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Carrier denies firearm rights

Franklin decided to challenge the carrier’s decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the state’s ability to protect Franklin’s rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

“Mike is one of our most seasoned LCs and was a great partner on this case,” Sale said. “We built a foundation in the initial investigation to support arbitration and legislation.” 

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

“(They) were tenacious and left no stone unturned,” said Franklin.

SMART-TD progresses a new gun law in Arkansas successfully

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555.   Excerpts and quotes from Franklin’s arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

“Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process,” Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklin’s bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklin’s employment being reinstated after he was targeted by UP’s unfair policy.

Union Pacific ignores the law

This would have been the end — if a railroad hadn’t been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklin’s lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didn’t care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

“They were basically spitting in the face of the state Constitution,” Sale said.

Supreme Court shoots down UP

Franklin and his attorney had come too far to roll over and give up. They took Franklin’s case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

‘This union never leaves one of its own hanging out to dry’

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklin’s determination to stand up to the carrier.

“As a state director, I’m proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach,” Sale said. “This was a case of everyone from the local office to my office and the general chairperson’s office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.” 

Franklin expressed great appreciation for the union’s efforts to resolve the matter.

“Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this,” Franklin said. “Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights weren’t taken from me.

“Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. It’s good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.”