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As many of you know, the International Longshoremen’s Association Union (ILA) plans to initiate a strike along the East Coast, affecting port operations from Maine to Houston, Texas. This situation is crucial for all SMART-TD members to understand, as it could pose significant disruption to freight rail traffic as early as midnight, October 1.

The Longshoremen strike

We and our brothers and sisters in the ILA are fighting the same fight. They have reached an impasse while negotiating fair working conditions and wages, and safeguards against the threat of autonomous operations. Much like the railroads, their employers would like to replace workers with technology, at the expense of their safety and job security.

Solidarity between the Longshoremen and the railroad union

Allied through the AFL-CIO, we understand that the fate of their union is closely intertwined with our own. President Jeremy Ferguson emphasizes this connection: “As fellow union members, we must advocate for the rights of our Longshoremen sisters and brothers. Their fight is our fight, and we are here to support them as they stand for what is right.”

Guidance for SMART-TD members

While we cannot legally engage in a strike or work action initiated by another labor organization, we can and must make safety our top priority. According to Section 92 of Article 21B in the SMART Constitution, if a strike is in effect and there is a danger to your safety, you are not obliged to cross a picket line. Don’t engage in any work that puts you in a position where you are fearful for your safety.

If you are directed to cross a picket line or perform duties that compromise your safety, immediately inform management of your unwillingness to do so. Once safe, report the situation to your local chairperson with a detailed account of events.

Be prepared for impacts to our work

According to the Associated Press the coming work stoppage threatens to close 36 ports — which handle roughly half of the goods shipped into and out of the U.S.

Stay informed and ready to respond to any impact on our operations. By supporting our Longshoremen brothers and sisters, we not only advocate for their rights but also ensure the stability and integrity of our own industry. We will continue to monitor the situation closely and provide updates as necessary.

Thank you for your dedication and solidarity during this critical time. Together, we stand united in our commitment to fair labor practices for all workers.

Business executives, especially those who reach the top rung becoming president and CEO of Fortune 500 corporate railroads, do not get told what to do all that often.

That is exactly what happened today when the Secretary of the Department of Transportation, Pete Buttigieg and Acting Secretary of the Department of Labor Julie Su dropped a couple of letters on the desks of CN CEO Tracy Robinson and CPKC CEO Keith Creel!

Most railroaders are familiar with that unique pit in your stomach you get when you see that you have registered mail you need to sign for. At the CN and CPKC railroads, the top execs got to experience that special feeling today. The Biden-Harris administration called them out for not giving rail workers the paid sick days they were told to!

The letters, which you can read below, pointed out that Buttigieg, Su, and, by extension, the president, are angry that our men and women have not been given the dignity of having the same paid sick leave protections as 80% of the workers in our country.

DOT-DOL-Letter-to-Mr.-Keith-Creel-RR-Paid-Sick-Time-9.25.24Download
DOT-DOL-Letter-to-Ms.-Tracy-Robinson-RR-Paid-Sick-Time-9.25.24Download

Su and Buttigieg discussed the fact that the other four U.S.-based Class I railroads have all begun working with rail labor to provide this sick time. Some of them have paid sick leave in place for every organized craft in their companies. They also looked to cut off the line of excuses they anticipated hearing from the railroads.

“As illness is not bound by any season, including national bargaining cycles, we encourage you to engage in these discussions today. This does not have to wait for national negotiations; your railroad should come to terms immediately with your labor unions.”

The secretaries pointed out that the lack of sick days was not only inconsistent with the rest of our industry and working population but also is not in the best interest of rail safety overall, saying, “ In an industry where workers’ constant attention is required to keep themselves and others safe, not providing workers sick days presents unnecessary risk that your company can fix.”

If the letter hadn’t already succeeded in getting the rail executives’ attention, it probably accomplished that goal by ending with, “As our administration has noted, we are not satisfied with the current trajectory of railroad safety in America and see no reason for the delay in making the rail industry safer.” 

The final shot over the bow that let Creel and Robinson know that Buttigieg and Su meant business is that under their signature line, the hits kept coming. That is where SMART-TD President Jeremy Ferguson, along with the presidents of other rail labor organizations were cc’d. So not only did they know they were in the crosshairs of the U.S. president, but that his administration let the biggest rail union in the country and our brothers and sisters across rail labor in on their communication.

On behalf of our CN and CPKC members, SMART-TD would like to thank Secretary Buttigieg and Acting Secretary Su for their continued support and that of President Biden.

We can’t agree any more with the contents of your letter and appreciate your willingness to press for fair treatment of rail professionals and our safety.

Amtrak employees have ratified a new 7-year agreement. Approved by a 3-1 margin, as negotiated by General Chairpersons Francis Ariola (GO 663) and Rick Pauli (GO 769), the agreement brings increases in pay, training and healthcare to over 2,100 members.

“Our members are a major part of the experience passengers have aboard Amtrak, and they have approved this contract as appropriate for their work,” SMART-TD President Jeremy Ferguson said. “Congratulations to our membership and GCs Ariola and Pauli in getting a fair contract for our members!”

Negotiations began after examining Amtrak executive bonuses. Pauli was quoted as saying at the time “It’s good to know the company has all that bonus money available. [We] will make sure to keep that in mind when discussing our members’ future wages.” Both chairpersons kept their promises.

The tentative agreement will be in effect from July 1, 2022, through December 1, 2028. It includes a full retroactive pay increase dating back to July 1, 2022. General Chairpersons Ariola and Pauli will provide information to their members about when they will receive their back pay.

Other highlights

  • A general wage increase;
  • Full retroactive pay dating back to July 1, 2022. This increase will apply to the short crew payments as well as the general wages.
  • 10 weeks (about 2.5 months) of paid parental leave;
  • The addition of Martin Luther King Jr. Day as a paid holiday;
  • An increase in training pay;
  • The addition of pay protection for emergency annulments;
  • The addition of compensation for deadheads to classes;
  • All current employees will keep AmPlan I as their healthcare plan;
  • It drops the 90% of the 75% and 80% when working in the yard;
  • Improvements to bereavement pay to include 3 working days rather than 3 consecutive days off;
  • Increases overtime pay for employees who are on 3- and 4-day yard assignments on their relief days;
  • Increases new hire training per diem to $40;
  • Increases away-from-home terminal expenses;
  • Increases conductor certification pay.

FORT WORTH, TEXAS – BNSF Railway, one of North America’s leading transportation companies, today announced it has reached tentative, five-year collective bargaining agreements with the SMART-TD railroad union, including the union’s yardmasters (SMART-TD-YDM).  

The news marks eight tentative agreements in less than one month’s time, representing more than 15,000 employees and more than 46% of BNSF’s union workforce. The agreements were reached three months before the opening of the next collective bargaining round.  

If ratified, the agreements will provide a 3.5% average wage increase per year over the next five years. They will also offer railroaders more vacation earlier in their career and meaningful enhancements to an already robust suite of health care benefits. 

“Thank you to our leaders who have worked collaboratively with us to reach these tentative agreements,” said BNSF President & CEO Katie Farmer. “We are proud to be able to give our employees this unprecedented certainty over enhancements to their pay, health care and vacation in advance of the next round. Today’s agreement sets our entire team up for future success in serving our customers while securing jobs for our employees.” 

SMART-TD President Jeremy Ferguson stated, “If ratified by SMART-TD members working for BNSF, this tentative agreement (TA) will increase members’ paychecks by a compounded 18.77% over the next five years. It also offers improvements to their quality of life, and H&W benefit enhancements. I’m proud of our team of BNSF General Chairpersons for the work they did on this agreement on behalf of our members.”  

SMART-TD general chairpersons said in a joint statement. “We’re looking forward to presenting this agreement to our members, who will review and vote on whether to approve it.”  

SMART-TD is the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART).  

The National Academy of Sciences (NAS) released a long-awaited study Sept. 17 examining issues associated with the increasing lengths of freight trains.  

Jared Cassity, SMART-TD’s alternate national legislative director, sums up their findings: “The fact that we are seeing a high rate of derailments despite fewer trains underscores the critical risks associated with longer trains. This puts not only our members but also the public in danger.”

This is understood, but that no one is ready to act is a troubling trend. 

Fewer trains, same number of derailments 

SMART Transportation Division, the largest railroad union in the United States, has also observed that longer trains pose significant risks. We are disappointed that the study doesn’t recommend specific action to address the problem they identified. The safety challenges presented by the lengthening of trains doesn’t require further study. Decisive action is needed. 

The study confirms what we have long been saying: The longer the trains get, the greater the risks, and these risks are not being mitigated effectively. 

Railroads are holding back data on long trains 

Unfortunately, the thoroughness of the NAS report was undermined by a notable lack of data from rail carriers and the Association of American Railroads (AAR). This gap in data collection is disappointing, preventable and entirely predictable.  

“It is incredibly frustrating to see the railroad companies and their representatives deliberately withhold crucial data that could have led to a more comprehensive and actionable report,” Cassity stated. “The failure to provide complete information is a clear attempt by these companies to avoid accountability and continue their practices unchecked.” 

Meanwhile, it’s the same story from the railroads, as their head mouthpiece repeated the same talking points they habitually roll out. 

“Safety is at the center of every decision on the railroad, and train length is no different,” AAR President and CEO Ian Jefferies said. “As operations continue to evolve, railroads are pulling on three key levers — technology, training and infrastructure — to further enhance safety and reliability.” 

SMART-TD presses for new train length laws and regulations 

We had hoped that the NAS investigation would bridge the gap between information gathering and actionable solutions. Instead, no conclusions about what an appropriate maximum train length should be were drawn from the research. 

Meanwhile, AAR labeled the 7,500-foot length — approximately a mile and a half — used by the study as a measuring point as “arbitrary” when defining what constitutes a “long” train. 

“The study followed a congressionally defined threshold without uniform agreement on its appropriateness,” they said. 

As experts on the ground, our members can shed some light. Longer trains benefit railroad carriers by increasing their operational efficiency and profits. This comes at the expense of quality of life for railroad workers, growing hazards for the public and poorer service for the companies waiting for their shipments. Longer trains contribute to more catastrophic derailments, increased response times for first responders at blocked crossings, and more significant logistical challenges overall.  

SMART-TD calls for immediate and decisive action to address the issues associated with long trains. We are engaging with legislators and regulatory bodies who are entrusted with railroad oversight. They have a duty to address these hazards, as we have an obligation to preserve the well-being of railroad workers and the public who are affected by the trains we operate every day. 

As members of SMART-TD, the largest rail union in the United States, it is disheartening to observe the media coverage surrounding the departure of Alan Shaw, as president and CEO of Norfolk Southern. The Wall Street Journal, CNBC and others focused on the implications for the stock price and the catalyst for his resignation. Glaringly absent, and far more important, is the discussion of how Shaw’s departure will impact Norfolk Southern’s safety improvements, quality of life for their employees, and the railroad’s shaky relationship with the communities affected by the company’s operations.

SMART-TD would like to underline three points for the new administration:

1. The Future of Safety Improvements: Under Shaw’s leadership, Norfolk Southern made notable strides in improving its safety culture. However, there has been no coverage of what will become of these safety initiatives. It is essential for the industry and the public to know whether the development of robust safety protocols and their enforcement will continue or falter under new leadership.

2. Job Security for Rail Workers: Shaw had pledged to refrain from laying off the workforce of NS during economic downturns. Our interests align: This assurance meant stability for many rail workers, and an accelerated return to capacity for NS when business accelerates. A failure to address whether this promise will be upheld is concerning. Rail workers and NS customers deserve to know if those commitments made by Shaw will still be honored.

3. Involvement of Rail Labor Organizations: Shaw committed to involve labor while revitalizing Norfolk Southern’s safety and training programs. This collaborative approach improves working conditions and safety standards. Rail workers have a vested interest in developing safety training, as our lives and limbs are easily lost if safety is neglected. There has been no mention of how this leadership change will affect this commitment to these or to the groundbreaking C3RS pilot program.

Preoccupation with stock prices and financial impacts and a neglect of the broader human and community elements in the discussion of the leadership change underscore a troubling trend. Shareholder interests should be balanced with — not prioritized at the expense of — worker safety and community well-being.

Railroad companies with records dating back to the 1800s should realize that safety plus good employee relations equals improved customer service. Providing superior service is how to grow a business. Shaw’s commitments benefited all involved and the company’s rebound indicated this.

With the announcement of current CFO Mark George taking over as president and CEO of Norfolk Southern, SMART-TD is optimistic that the positive momentum established under Shaw will continue.

George is no stranger to the realities of the industry, or the improvements NS has realized by distancing itself from Precision Scheduled Railroading. It is our hope that we can work together to continue bettering the safety and quality of life for the men and women of Norfolk Southern.

It is with deep sorrow and heavy hearts that we announce the tragic passing of our brother and colleague, Austin Raysby.

Brother Raysby, a valued member of SMART-TD Local 528 in Chicago who worked as a conductor for Union Pacific, was tragically killed while on duty Sept. 4.

Brother Raysby joined SMART-TD in 2012. Known throughout the crew room for his infectious positivity and fun-loving nature, he brought a lightness and camaraderie that was cherished by all who worked alongside him. His spirit and enthusiasm made him a true friend to his brothers and sisters at UP.

Members of Local 528 knew Austin as a solid railroader and a genuinely good person who was always willing to lend a helping hand and share a laugh. His presence and energy will be deeply missed by all who had the honor of working with him. As our brothers and sisters in Local 528 know, Austin’s presence made a bad day seem tolerable.

Every crew base has one guy who everyone loves to see in the crew room. Brother Raysby was that guy. When you had a bad round trip, and all you wanted to do was mark off your ticket and go home, if you saw Austin, you couldn’t help but talk to him for a few minutes. And somehow, you left work feeling that everything made sense and was okay.

In addition to his work family in Local 528, Austin is survived by his loving parents, three siblings, and numerous nieces and nephews, all of whom will remember him for his warmth and kindness. During this profoundly difficult time, the entire SMART-TD community extends its condolences and prayers to his family, friends, and his union family in Local 528.

In honor of Brother Raysby, SMART-TD has established a GoFundMe fundraiser to assist his family with his final expenses.

Donations can be made to support them through this challenging period.

A memorial service to celebrate Austin’s life will be held on Sept. 19 from 3 p.m. to 7 p.m. at Strang Funeral Chapel & Crematorium, 410 E. Belvidere Road, Grayslake, Ill.

All who knew him are invited to attend and pay their respects.

This past week, SMART-TD’s Kansas Legislative Board engaged thousands of voters at the Kansas State Fair. Through their well-executed public outreach, the SMART-TD railroad union educated fairgoers about the dangers of long trains and blocked crossings. It was a message the public was ready to hear, as ordinary Kansans are on track to compose and mail an expected 3000 postcards demanding legislative action from their state representatives.  

The public wants new laws for shorter, safer trains

SMART-TD’s Kansas Safety and Legislative Director, Ty Dragoo, spearheaded the outreach project.  

“Any time you get to meet people you wouldn’t normally come in contact with and hear the stories of their personal interaction with the railroads, it is an eye-opener,” Dragoo stated. “The men and women working on the railroad are with them on their issues. We don’t want 15,000-foot-plus trains that block entire towns for hours at a time, and neither do they. To be able to have that conversation and follow it up by saying, ‘This is what our union is doing to fix it,’ and asking for their support is a powerful thing. The response we got from the people of Kansas was resounding support. As members and leaders of SMART Transportation, we need to do more of this kind of outreach.” 

A successful model to engage the public

At their dedicated booth, Ty Dragoo worked alongside volunteers from the state’s legislative board and SMART-TD Vice President Brent Leonard to connect directly with the public.  

It seemed that almost everyone had a story about a train that blocked roadways for hours, disrupted their daily lives, and some situations proved fatal.

Attendees were attracted to the booth by a video loop highlighting a recent Kansas derailment. They could then discuss their own stories with SMART-TD staff.

Fairgoers then sent their personal experiences to their state legislators on postcards. Thousands of signed individual heartfelt notes about rail safety and excessive train lengths were mailed courtesy of SMART-TD. 

The railroads cannot be trusted to look after community safety, so it falls to the SMART-TD railroad union to advocate for both rail workers and the public. Ordinary people will act to protect their communities if given the chance.  

Let Dragoo’s work at the Kansas State Fair serve as a model for initiatives in other states. It underscores the importance of meeting the public, amplifying their concerns, and organizing their support for vital legislative changes. State by state, SMART-TD can pave the way for safer railroads and stronger communities across the nation. 

The Canadian National Railroad (CN) has sent their crews rolling through communities without access to essential safety documents, ranging from operating rulebooks to their Emergency Response Guides (ERGs). The railroad’s electronic document system recently failed without a meaningful backup, placing everyone on or near their trains at risk.  

This situation raises serious safety concerns, especially as CN’s freight trains travel extensively across both the U.S. and Canada. 

Help SMART-TD track the impact of this problem. If you work for CN, fill out the safety condition report for every incident. The form is available on the SMART App and SMART-TD’s websites. 

CN railroader and Michigan’s Alternate State Safety and Legislative Director Eric Stanger told SMART News, “The idea that there is not an adequate contingency plan in place for this is mind blowing.” Brother Stanger went on to say, “In any other circumstance, CN would be handing out discipline for not having these documents, but because it’s on them, they are insisting the workforce violate their own operating rules.” 

App outage leads to risky business 

CN’s Comply365 app, which provides train crews with electronic access to rulebooks, timetables, federally mandated ERGs, track charts and other vital information, crashed this week. 

The app’s sudden loss stemmed from a systemwide software update gone wrong, leaving crews without critical resources as they navigate complex rail routes and handle hazardous materials from Canada to the Gulf Coast. 

Paper backups still needed, according to feds 

A recent ruling from the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) acknowledge that electronic systems can fail.  

They ruled that readily available physical copies of hazardous materials paperwork are required. Their decision is grounded in common sense: computers crash, our trains should not.

CN got an exception that’s unsafe for our members 

PHMSA granted CN a special permit in 2020 allowing them to use an entirely paperless system to provide hazmat data to their crews. This permit required a “reliable and readily available backup plan.” The current scenario, with Comply365 being unavailable in some areas for over a week, proves that those requirements were not met by CN. They did NOT hold up its end of the agreement, and SMART-TD members are at risk.  

Many of our CN brothers and sisters have not been able to access the backup software, known as Content Locker. After long hold times with the IT desk, many of them have not been given any solutions to the problems with their devices.  

Safe operations are further hampered because, while trains run 24/7, CN technical support closes from midnight through 6 a.m. daily.  

Backup failure causes problems 

Even when it works, Content Locker is out of date. The version of the ERG available on Content Locker is from 2020. Under normal circumstances, this would be disqualifying for any Class I railroad.  

Providing printed copies of the 2024 ERG for their employees, at a whopping $0.05 per page, was considered by the railroad to be too costly an investment in employee safety.  

PHMSA waiver nears its end date 

This is not the best time for CN to highlight that the system they’ve taken on a trial run is down or to try to obtain thousands of printed ERGs. Their special permit from PHMSA is currently up for renewal! 

So, for now, CN has every crew on their system running with outdated emergency response guides as their only available resource. Of course, that’s WHEN they’re available.  

Workers run with old info, deal with tech crashes 

Many of the CN members of SMART-TD report that they are also working with outdated timetables, and some are running without their daily bulletins. These crews must rely on conversations with other crew members to learn about temporary speed restrictions, work authorities, and other critical information that keeps them safe and out of trouble while navigating their day-to-day activities.  

Content Locker occasionally freezes their “Zebra” tablets, the technology platform provided by the railroad. The conductor/engineer must reboot and reconfigure the program each time to regain access to timely safety information.  

For anyone who has ever been on a 15,000-foot mixed freight train going 50 mph, you need answers to help keep your train on the rails and in compliance. Every document is essential, formally required, and crews do not have time to leisurely shut down and restart troubled tech when they need the information they contain.  

A carrier without a plan 

As SMART News found out in conversations with CN members, this is not the first time CN has had a systemwide outage of Content365. In 2022, the system was down for approximately three days. Despite this prior outage, CN hasn’t come up with a better solution in two years. This is unacceptable for worker and public safety. 

It could have been worse 

SMART News was able to contact CN members in multiple general committees, and we are happy to report that not all of these territories have had the same level of complications from the outage.  

General Chairperson Kenneth Flashberger of GCA-987 (Wisconsin Central) reported that his crews reported very little disruption in their service. In his territory, the outage inconvenienced crews for less than a day. The workaround provided by CN was successful, and crews consistently have had access to the data they needed via Content Locker.  

The outage affects safe operations 

By prioritizing electronic solutions over reliable, physical copies of crucial documents, CN has put its train crews and the public at risk. The bottom line is that CN failed to plan, and now SMART-TD’s men and women are at risk because of it.  

Any corporation willing to skirt federally mandated, common-sense safety protocols to avoid the cost of printing backup copies of timetables, rulebooks, track charts, and ERGs is not worthy of claiming “safety is a core value.” 

SMART Transportation Division President Jeremy Ferguson congratulates the American Train Dispatchers Association on their most recent accomplishment by organizing Genesee and Wyoming workers:

“While there are only six recognized Class I railroads in operation in the U.S. today, when it comes down to it, the Genesee & Wyoming’s footprint as a short line holding company makes it comparable to the nation’s biggest railroads. What the ATDA has accomplished with the G&W is a great thing for organized labor. As time goes by and the smaller railroads look at the bigger lines and decide to adopt the worst of the strategies those executives come up with, labor’s voice and our organizing efforts will grow in importance to protect the workers and the public. Congratulations to President Ed Dowell and the rest of the ATDA team for this victory!”

Genesee and Wyoming operates in 43 states and over 13,000 miles of short-line track.