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WASHINGTON, Feb. 7 – SMART Transportation Division leadership as well as officers from the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Railroad Signalmen, the Brotherhood of Maintenance of Way Employes and the AFL-CIO Transportation Trades Department will join U.S. Sen. Bernie Sanders (I-Vt.), chairman of the Senate’s Health, Education, Labor and Pensions Committee, and U.S. Sen. Mike Braun (R-Ind.) at 1:30 p.m. Thursday, Feb. 9, to demand companies provide rail workers with at least seven paid sick days.

U.S. Sen. Bernie Sanders addresses a Rail Solidarity rally organized by SMART-TD on Capitol Hill in December.

Sanders led the effort late last year to pass an amendment to guarantee paid sick days to rail workers. The amendment, which passed the House but failed in the Senate, received the votes of every Senate Democrat but one, as well as six Republicans. Braun voted for the amendment.

Sanders also appeared at a Washington, D.C. solidarity rally attended by members of the SMART-TD, other rail labor groups and supporters.

Following the vote, Sanders and more than 70 of his colleagues sent a letter to President Biden urging his administration to take action to guarantee paid sick days for rail workers.

The press conference comes as rail companies announce record earnings during quarterly earnings calls. Last year, the top railroads made over $26 billion in profits and paid their wealthy shareholders over $25 billion in stock buybacks and dividends. They spent 184 percent more on returns to their shareholders than what they spent on their workers’ wages and benefits. Guaranteeing seven paid sick days to rail workers would cost the industry just $321 million dollars – less than 1.2 percent of profits in a single year. Rail companies have eliminated 30 percent of their workforce over the last six years.

A representative from the the National Association of Chemical Distributors also is scheduled to appear.


What: Sanders and Braun Hold Press Conference with Rail Workers
When: Thursday, Feb. 9, 1:30 p.m. ET
Where: Health, Education, Labor and Pensions Committee, 430 Dirksen Senate Office Building
Note: The event will also be livestreamed at www.twitter.com/SenSanders and https://www.facebook.com/senatorsanders

Those wishing to contribute donations to the community of East Palestine, Ohio, due to the major Norfolk Southern derailment Friday are urged to pitch in to assist evacuees of the village near the Ohio-Pennsylvania border.

The NTSB will be the lead agency for providing updates on the incident. They’ve established a Family Assistance Center to address the needs of the community and support those directly impacted.

A charred rail car is seen at the site of the East Palestine, Ohio, in this photo taken Sunday by the SMART-TD Public Relations Department.
Smoke rises from tanker cars at the site of the Norfolk Southern derailment in East Palestine, Ohio, in this photo taken Sunday by the SMART-TD Public Relations Department.

“The community needs all the help they can get,” SMART Transportation Division Ohio State Legislative Director Clyde Whitaker said. “These are citizens of our state, our neighbors and they need some help. Let’s show everyone what we can do.”

Here are the various community outreach programs available:

Brightside Project, 483 E Pershing St. Salem OH Phone: 234-320-4005 is offering food and personal care products from 9 a.m. to 3 p.m. Feb 7-9.

First United Methodist Church, 244 S. Broadway, Salem, OH Phone: 330-337-9351 is distributing clothes 9 a.m.-noon.

The Way Station is offering food, personal care products, diapers and clothing. Collection times at 769 Springfield Rd, Columbiana OH are 10 a.m.- 4 p.m. Monday – Friday. And from 9 a.m. – 2 p.m. at 125 W. 5th St., East Liverpool.

Donations of non-perishable food items and personal care products can be dropped off at either location during the hours listed.

Angels for Animals is providing assistance with pet care — 330-502-5352

Norfolk Southern has opened a family assistance center that has set up at the Abundant Life Fellowship Church in New Waterford 46469 Route 46, New Waterford, OH.

Greg Hynes, SMART-TD national legislative director

It’s difficult to imagine trying to pass off reducing the braking power of a freight train as a safety precaution, but that is exactly what BNSF attempted to do recently in a request to the FRA for a variance to increase the allowable amount of flow from 90 CFM to 120 CFM.

In their request, BNSF states that in order to reduce the slip/trip/fall risk that goes along with conductors and carmen walking a consist looking for leaks in a brake line, that they think it’s safer to depart the train with up to 120 CFM of flow and assume it will be able to stop when it has to.

FRA put out a Notice of Proposed Rule Making (NPRM) requesting public comments on BNSF’s request, and SMART-TD’s National Legislative Department was happy to oblige them. Below you can read SMART-TD’s response to FRA from Brother Greg Hynes, SMART-TD’s national legislative director.

BNSF-NPRM-Air-Flow-increase-Comments-FINALDownload

Labor had a lone representative Feb. 1 at the House Transportation & Infrastructure Committee discussion of transportation infrastructure and supply chain challenges as it convened under new chairman U.S. Rep. Sam Graves of Missouri.

Greg Regan, president of the Transportation Trades Department, AFL-CIO, testifies Feb. 1 before the House Transportation and Infrastructure Committee.

Greg Regan, of the Transportation Trades Department (TTD), AFL-CIO, a coalition that represents 37 transportation labor unions in air, maritime, railroads and trucking sectors, including SMART-TD, spoke about the recent and positive investments made by the federal government in the form of the Bipartisan Infrastructure Law (formerly the Infrastructure Investment and Jobs Act) and the CHIPS and Science Act.

“If we are serious about strengthening our national supply chain, we must also address the fundamental and structural problems that caused the crisis that cannot be solved by investment alone,” Regan said.

Choices made that put profits over workers and consumers played a large role in fueling the supply-chain crisis, with the nation’s large freight railroads and Precision Scheduled Railroading job cuts being prime culprits in the post-pandemic meltdown the nation endured, Regan said.

“Their decisions in the years leading up to the pandemic were not driven by better service, but rather by shareholder concerns,” he said. “Even as the system came crashing down around them, freight companies continue to rake in record profits while your constituents paid the price.”

For more details, see TTD President Regan’s written testimony.

The video of the complete hearing is available here.

Other witnesses participating in this hearing were Chris Spear of the American Trucking Association, Ian Jeffries of the Association of American Railroads, Jeff Firth of the Associated General Contractors of America and Roger Guenther of the Port of Houston.

In a letter to members, Wyoming State Legislative Director April Ford asked members in her state to reach out to state legislators and urge them to support train-length legislation. The text of her message is below:

“Legislators in Wyoming will be hearing a bill in the House Corporations Committee on Friday, February 3, to help keep Wyoming citizens safer and freight rail operations running more efficiently. HB 204 requires a train length to not exceed 8,500 feet in the state for the public safety. 

“Railroads are running longer freight trains than ever before, which means we are seeing more issues and blocked crossings than ever before. These longer trains are preventing emergency vehicles from responding to emergencies in a timely manner.  Minutes waiting at a blocked crossing can be critical to people who need emergency services. These longer trains are also causing issues on the tracks, which impacts Wyoming revenue.

“It can’t be stressed enough that emails to elected officials work; the more they hear from members here in Wyoming (like you), the harder it is for them to say no. Don’t let inaction thwart this opportunity to make train length the law in Wyoming.”

The Legislative Action Center has been set up for Wyoming residents to make their voices heard on this important legislation.

In a letter dated Jan. 25, the general chairperson of SMART Transportation Division’s GO 577 informed Union Pacific’s senior vice president of operations that the union was withdrawing from any participation in the company’s safety program effective Feb. 1, 2023.

GC Roy Davis served UP’s brass notice, saying that he and the union would no longer be part of the hypocritical exercise of hiding behind the existence of the UP’s Safety Program. In his letter, GC Davis said the program is, “nothing but a ruse that enables the Carrier to avoid proper scrutiny by the Federal Railroad Administration by putting ‘lipstick on a pig.’ “

In the letter posted below, Davis states that carrier’s decision to run single-person remote crews on the Houston hub is what forced his hand.

2023.01.25_GCA.577_TSC_cancellationDownload

SMART-TD is unwavering in our commitment to protect the safety of the essential brothers and sisters who delivered the carrier a year of record revenue and profits in 2022, and we stand with GO 577 in its decision to protest this unilateral decision on the part of the Union Pacific Railroad.

Jose F. “Joey” Garcia, local chairperson of Local 168 (Chicago, Ill.), passed away suddenly in December at his home in Chicago.

Jose F. “Joey Garcia

Brother Garcia, 46, actively participated in our union since his railroad career began in 2005. An Amtrak conductor, Brother Garcia served as a legislative representative, trustee, vice local chairperson and finally as local chairperson.

“Joey was a funny and loyal friend,” General Chairperson Rick Pauli of GO 769 said. “He was a great advocate for the members of SMART-TD Local 168 and will be truly missed.”

Along with supporting and representing our fellow union members, he was a loving father of two beautiful children he adored.

Along with representing his fellow union members, he was a loving father of two beautiful children he adored. Brother Garcia is survived by his children, father, three siblings and several family and friends who will miss him dearly.

“On behalf of all the men and women of Local 168, I extend deepest condolences to the family and friends of Brother Garcia,” said Nate Hatton, local chairperson of LCA-769.

Please keep his family in your thoughts and prayers.

In a letter sent Jan. 5, 2023, to the CEOs of the seven Class I railroads operating in the United States as well as to Association of American Railroads (AAR) President/CEO Ian Jeffries, Federal Railroad Administrator Amit Bose warned them that “incremental” changes to carriers’ training, qualification and certification programs have in some cases not solved numerous deficiencies identified by FRA audits over the past 18 months.

“Please be advised that FRA is committed to pursuing enforcement action if a railroad’s resubmitted certification program continues to fail to address the deficiencies identified by FRA,” Bose wrote. “Accordingly, whenever FRA conducts its audit of your railroad, FRA will take into account those opportunities FRA has already provided your railroad to correct or address previously identified deficiencies.

“I want to remind industry that the quality and adequacy of these certification programs are fundamental to ensuring that your operating crews are properly trained to safely perform their assigned duties,” Bose wrote. “This starts with certification programs that clearly meet the minimum training and qualification standards.”

Read the full letter below.

2023.01.05_FRA_Bose_letter-certificationDownload

The amounts of compensation subject to Railroad Retirement Tier I and Tier II payroll taxes will go up in 2023, while the tax rates on employers and employees will stay the same. In addition, unemployment insurance contribution rates paid by railroad employers will include a surcharge of 1.5%, down from 3.5% in 2022, due to an improved employment outlook since the beginning of the pandemic.

Tier I and Medicare Tax — The Railroad Retirement Tier I payroll tax rate on covered rail employers and employees for 2023 remains at 7.65%. The Railroad Retirement Tier I tax rate is the same as the Social Security tax, and for withholding and reporting purposes is divided into 6.20% for retirement and 1.45% for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20% rate increases from $147,000 to $160,200 in 2023, with no maximum on earnings subject to the 1.45% Medicare rate.

An additional Medicare payroll tax of 0.9% applies to an individual’s income exceeding $200,000, or $250,000 for a married couple filing a joint tax return. While employers will begin withholding the additional Medicare tax as soon as an individual’s wages exceed the $200,000 threshold, the final amount owed or refunded will be calculated as part of the individual’s federal income tax return. 

Tier II Tax — The Railroad Retirement Tier II tax rates in 2023 will remain at 4.9% for employees and 13.1% for employers. The maximum amount of earnings subject to Railroad Retirement Tier II taxes in 2023 will increase from $109,200 to $118,800. Tier II tax rates are based on an average account benefits ratio reflecting Railroad Retirement fund levels. Depending on this ratio, the Tier II tax rate for employees can be between 0% and 4.9%, while the Tier II rate for employers can range between 8.2% and 22.1%.

Unemployment Insurance Contributions —  Employers, but not employees, pay railroad unemployment insurance contributions, which are experience-rated by employer. The Railroad Unemployment Insurance Act (RUIA) also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount. The accrual balance of the Railroad Unemployment Insurance Account was $112.7 million on June 30, 2022. Since the balance was below the indexed $100 million threshold (currently $137.9 million), but above the $50 million indexed threshold (currently $67.0 million), this results in a 1.5% surcharge in 2023. There was a surcharge of 3.5% in 2022 and 2.5% in 2021.

As a result, the unemployment insurance contribution rates on railroad employers in 2023 will range from the minimum rate of 2.15% to the maximum of 12.0% on monthly compensation up to $1,895, an increase from $1,755 in 2022.

In 2023, the minimum rate of 2.15% will apply to 80% of covered employers, with 6% paying the maximum rate of 12.0%. New employers will pay an unemployment insurance contribution rate of 2.82%, which represents the average rate paid by all employers in the period 2019-2021.

Tax TypeRate – EmployeeRate – EmployerAnnual Taxable MaximumAnnual Tax Amount Employer
Tier 1 – Medicare*1.45%1.45%No MaximumNo Maximum
Tier 1 – Railroad Retirement6.20%6.20%$160,200.00$9,932.40
Tier 2 – Railroad Retirement4.90%13.10%$118,800.00$15,562.80
Total12.55%20.75%$25,495.20
*Additional Medicare Tax: Employees will pay an additional 0.9% Medicare Tax on earnings above $200,000 (for those who file an individual return) or $250,000 (for those who file a joint return). This additional Medicare tax rate is not reflected in the tax rates shown above.

Note: Tier 1 Medicare and Tier 1 Railroad Retirement tax rates are equivalent to Social Security tax rates set for 2023. Tier 2 Railroad Retirement tax rates do not apply to employees subject to Social Security.

Below are PDFs of various releases from the RRB on 2023 tax rates:

RRB Program Letter 2023-02 (PL 23-02)

RRB Reminders for 2023 (G-34)

Railroad Retirement and Unemployment Insurance Taxes in 2023 (NR 2207)

The Federal Railroad Administration published a safety bulletin Dec. 29 regarding an unintended release of a train’s air brakes while stopped at a signal. The text of the advisory as published in the Federal Register is reproduced below.

FRA is issuing Safety Advisory 2022-02 to make the rail industry aware of a recent issue encountered by a train crew that experienced an unintended brake release of a train’s automatic air brakes while stopped at a signal, and to recommend steps addressing the unintended release of train air brakes.

Background

On June 22, 2022, during a significant thunderstorm, a crew consisting of a locomotive engineer and conductor operated a conventionally powered, intermodal train with 3 head-end locomotives, 47 loaded cars, and 6 empty cars, totaling 9,204 feet in length and 7,392 tons in weight. The engineer stopped the train on a downhill grade of 0.9-1.18% near the signal governing the train’s movement, set the train’s air brakes at approximately 12 pounds, and fully set the locomotive consist’s independent brakes. After being stopped for approximately 3 hours, the engineer and conductor, located in the lead locomotive cab, observed the train roll towards the signal interlocking displaying a stop indication. This train experienced an unintended automatic brake release. The locomotive consist’s independent brakes remained fully applied but due to the grade, tonnage and wet rail could not solely hold the train without the automatic air brakes also being applied.

At that time, an opposing train on the same track was preparing to cross through the interlocking in front of the rolling train. The locomotive engineer of the rolling train applied full-service airbrakes and full dynamic braking but was not satisfied that the brakes were working effectively or fast enough. The conductor operated the emergency brake valve and stopped the train short of the signal and the train that was preparing to cross through the interlocking.

The crew then contacted the dispatcher and railroad management to report the unintended brake release and the conductor set a sufficient number of car handbrakes to hold the train on the grade.

FRA’s investigation of the rolling train’s event recorder, positive train control (PTC) system, and engine data logs, revealed: the PTC system had operated properly and would have initiated an emergency brake application upon reaching the signal; the Trip Optimizer was off; and the lead locomotive and consist did not cause the unintended brake release. Instead, FRA determined that, after approximately three hours with the air brakes set, the air pressure slowly bled down from some of the cars’ auxiliary reservoirs, likely causing localized brake releases.[1] The initiation of the brake release would enable the accelerated release functionality by taking some air from the emergency brake reservoirs and directing it back into the brake pipe resulting in a substantial number of adjacent car brakes releasing. Potentially contributing factors causing the train’s unintended movement included the downhill grade, wet rail, and the train’s tonnage.

Due to the potential for air brake system leaks, FRA prohibits unattended trains from depending solely on air brakes to hold equipment.[2] While the aforementioned rolling train was attended, it nevertheless engaged in an unintended movement.

Based on FRA’s review of this incident, and its awareness of other train incidents involving an unintended air brake release under similar circumstances, FRA believes operating guidance is warranted to help reduce the likelihood of similar unintended air brake releases, and therefore makes the following recommendations.

Recommendations

1. Train crews should not expect a service rate or emergency brake application to indefinitely maintain application of a train’s air brakes.

2. If a train is stopped with air brakes set, and the train begins moving, the crew should immediately apply the emergency brake. After the train is stopped, the crew should set a sufficient number of handbrakes to secure the train from further unintended movement before releasing the brakes and recharging the train’s air brake system.

3. Each railroad should adopt and implement an air brake procedure consistent with Recommendations 1 and 2 that addresses unintended brake releases.

4. Each railroad should have an operating supervisor conduct a face-to-face meeting with each locomotive engineer and conductor to explain and reinforce the contents of this advisory.

FRA may modify Safety Advisory 2022-02, issue additional safety advisories, or take other appropriate necessary action to ensure the highest level of safety on the Nation’s railroads.

Issued in Washington, DC.

John Karl Alexy,

Associate Administrator for Railroad Safety, Chief Safety Officer.

Footnotes

1.  FRA notes this type of prolonged pressure release would likely not be identified during a periodic single car air brake test. Back to Citation

2.  49 CFR 232.103(n)(2). Back to Citation

2022.12.29_FRA_safety_advisoryDownload