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INDEPENDENCE, Ohio (Nov. 3, 2023) — SMART Transportation Division (SMART-TD) members working under the proposed agreement voted, with approximately two-thirds in favor, to ratify a tentative agreement the union had reached with BNSF in late September, union leadership announced today.

Negotiations with BNSF under Articles VI and VII of the National Rail Agreement began in January following wide national attention brought by the fight of rail labor led by SMART-TD, the nation’s largest freight railroad union, to improve rail workers’ quality of life. The tentative agreement with BNSF was reached by the eight affected SMART-TD General Committees in late September. Votes were cast through the month of October and tabulated Nov. 2, 2023.

The general chairpersons involved include 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. 

Additional information and details regarding the agreement can be found at this link.

Under the next phase of this process, SMART-TD and BNSF will begin implementing the agreed-upon changes. Members who are eligible for additional vacation will have the opportunity to schedule that vacation in 2024. Implementation of other provisions of the agreement will take place over the coming weeks and months.

In a joint statement, the eight general chairpersons of the involved committees had this to say about the tentative agreement: 

“We would like to thank our members for their patience throughout the negotiation process, and for casting their votes. The overwhelming approval ratings prove that our members see the value in this agreement. We were determined to obtain meaningful improvements to our working conditions, and this agreement does exactly that. While our fight is never over, we are confident that this will serve as a substantial step in the right direction.”

TD General Chairpersons representing BNSF members

The general chairpersons also expressed appreciation to Vice President Joe Lopez, who helped lead negotiations, along with Vice Presidents Chad Adams and Jamie Modesitt. The VPs made the following joint comment:

“Our general chairpersons showed exemplary leadership and cohesion through the up-and-down nature of these discussions,” the vice presidents said. “We congratulate them on their accomplishments and commend them on their focus on what matters — improving the quality of life and working conditions of our members.”

“This agreement our General Committees have reached with BNSF continues to show the strength of our union’s leadership. Together we have made unprecedented inroads on attendance and quality of life issues — an area carriers had no interest to collectively bargain,” said SMART-TD President Jeremy Ferguson. “We have cleared the way for our members on BNSF to expect predictability in their work rest schedules, while at the same time securing proper compensation on a variety of issues that were not agreed to in past rounds of national negotiations. It was long overdue that these issues be addressed. I’m very proud of everyone’s efforts to get this accomplished.”

“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.” 

GO OO1 Synopsis

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GO OO9 synopsis

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GO O20 synopsis

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GO 386 synopsis

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GO 393 synopsis

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GO 577 synopsis

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GO JTD synopsis

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The International Association of Sheet Metal, Air, Rail and Transportation Workers’ Transportation Division (SMART-TD) is standing with its fellow rail labor union, the Brotherhood of Maintenance of Way Employes Division (BMWED), in its lawsuit against BNSF Railway.

The lawsuit alleges that BNSF has violated the Railway Labor Act by reducing its Maintenance of Way workforce without proper notice and consultation with the unions.

“We are committed to fighting alongside our brothers and sisters at BMWED to protect the safety and security of our rail system,” said SMART-TD President Jeremy Ferguson. “BNSF’s reckless decision to cut jobs without regard for the consequences is a threat to the safety of everyone who relies on the railways. We will not stand by while BNSF puts lives at risk.”

Ferguson and BMWED President Tony Cardwell have a long history of working together to protect the interests of rail workers. Last year, they fought side by side in the national contract negotiations, and they continue to collaborate on a number of issues since then.

The lawsuit is currently pending in federal court. BMWED is seeking an injunction to prevent BNSF from further reducing its Maintenance of Way workforce, as well as damages for the harm that has already been caused.

By a 3-2 majority June 23, the Surface Transportation Board (STB) ruled in favor of Navajo Transitional Energy Co. (NTEC), ordering BNSF to fulfill its common-carrier obligation to serve the Powder River Basin energy producer and transport 4.2 million tons of coal.

NTEC filed a complaint April 14 seeking an emergency service order to move coal from a facility in Big Horn, Wyo., to a Canadian terminal.

As a result, BNSF must move 23 trains per month of NTEC’s coal beginning immediately, and an additional six trains per month when additional train sets and crew become available. Both parties will be providing weekly service updates, the STB said in a news release announcing the decision.

STB Chairman Martin Oberman

“The common carrier obligation is a core tenet of the Board’s regulation of the freight railroad industry and is a pillar of the railroads’ responsibility to our country’s economy,” STB Chairman Martin Oberman, who will be a guest at the SMART Leadership Conference in Washington, D.C., said in the release. “Today’s decision reflects the majority’s finding that the common carrier obligation requires a railroad to provide service on a customer’s request that is within the railroad’s capacity to provide.”  Further, Oberman noted, as the STB has previously held: “The common carrier duty reflects the well-established principle that railroads ‘are held to a higher standard of responsibility than most private enterprises.’”

Board members Patrick Fuchs and Michelle Schultz dissented with the ruling.

The STB decision is below.

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.

2nd Quarter 2022

Net Earnings: Increased 10% to $1.7 billion from $1.5 billion  
Earnings Per Share: n/a – BNSF is not publicly traded  
Revenue: Increased 14% to $6.6 billion from $5.8 billion  
Operating Income: Increased 7% to $2.4 billion from $2.2 billion
Operating Expenses: Increased 19% to $4.3 billion from $3.6 billion 
Operating Ratio: Worsened 2.8% to 63.2% from 60.4% 

Follow the link for full financial results from BNSF.

2nd Quarter 2022   

Net Earnings: Increased 28% to C$1.33 billion from C$1.04 billion  
Diluted Earnings Per Share: Increased 32% to C$1.92 per share from C$1.46 per share 
Revenue: Increased 21% to a record C$4.34 billion from C$3.6 billion  
Operating Income: Increased 28% to a record C$1.8 billion from C$1.4 billion 
Operating Expenses: Increased 18% to C$2.6 billion from C$2.2 billion  
Operating Ratio: Improved 2.3 points to 59.3% from 61.6% 

Follow the link for full financial results from CN.

2nd Quarter 2022

Net Earnings: Decreased 39% to C$765 million from C$1.25 billion  
Diluted Earnings Per Share: Decreased 56% to $0.82 per share from $1.86 per share 
Revenue: Increased 7% to C$2.20 billion from C$2.05 billion  
Operating Income: Increased 6% to C$868 million from C$820 million  
Operating Expenses: Increased 8% to C$1.33 billion from C$1.23 billion  
Operating Ratio: Worsened by 50 basis points to 60.6% from 60.1%

Follow the link for full financial results from CP.

2nd Quarter 2022

Net Earnings: Increased to $1.18 billion from $1.17 billion  
Diluted Earnings Per Share: Increased 4% to $0.54 per share from $0.52 per share  
Revenue: Increased 28% to $3.82 billion from $3.00 billion  
Operating Income: Increased 1% to $1.70 billion from $1.69 billion  
Operating Expenses: Increased 63% to $2.11 billion from $1.30 billion  
Operating Ratio: Worsened to 55.4% from 43.4% 

Follow the link for full financial results from CSX.

2nd Quarter 2022

Net Earnings: Increased 142% to $194 million from -$459.6 million  
Earnings Per Share: n/a  
Revenue: Increased 13% to $846 million from $750 million  
Operating Income: Increased 172% to $313 million from -$432 million  
Operating Expenses: Decreased 55% to $533 million from $1.18 billion  
Operating Ratio: Improved 94.6 points to 63.0% from 157.6% 

Follow the link for full financial results from KCS.

2nd Quarter 2022

Net Earnings: Stayed flat at $819 million  
Diluted Earnings Per Share: Increased 5% to $3.45 per share from $3.28 per share  
Revenue: Increased to $3.3 billion from $2.8 billion  
Operating Income: Increased 9% to $1.09 billion from $1.04 billion  
Operating Expenses: Increased 21% to $2 billion from $1.6 billion  
Operating Ratio: Worsened to 60.9% from 58.3%

Follow the link for full financial results from NS.

2nd Quarter 2022

Net Earnings: Increased 2% to $1.84 billion from $1.79 billion  
Diluted Earnings Per Share: Increased to $2.93 per share from $2.72 per share  
Revenue: Increased 14% to $6.3 billion from $5.5 billion 
Operating Income: Increased 1% to $2.49 billion from $2.47 billion 
Operating Expenses: Increased 25% to $3.8 billion from $3.03 billion  
Operating Ratio: Worsened 5.1 points to 60.2% from 55.1% 

Follow the link for full financial results from UP.


On April 30, 2022, while Berk­shire Hathaway shareholders sat in comfort and national cable-news networks dei­fied wealth hoarder Warren Buffett and his executive cronies at the company’s live-streamed annual meeting, BNSF railroad workers, as always, were out in the elements doing the hard work — this time, protesting against BNSF’s anti-worker “Hi-Viz” attendance policy. (Buffet is the CEO and chairman of Berkshire Hathaway, which acquired BNSF in 2009.)

Protesters gathered in the early-morning hours — some as early as 4 a.m., when parking garages opened — and split up evenly to protest in five different areas outside of the CHI Health Center in Omaha, Neb., where the meeting took place. Doors opened to share­holders at 7 a.m., and the picketers wanted to be outside as the attendees arrived. They were joined by two LED video billboard trucks slamming Buffett, BNSF CEO Katie Farmer and Hi-Viz.

“We want change and won’t be going away or backing down.”

Carrying signs that read “They use us and abuse us,” “Fair wages, fair treatment” and “Railroaders’ lives matter,” members of the SMART Transportation Division, the Brotherhood of Locomotive Engineers and Trainmen (BLET), their respective auxiliaries and other members of rail labor mobilized in the rain outside CHI Health Center, bringing the voice of working people to the so-called “Woodstock for Capitalists.”

“We had a great turnout despite the weather. We were able to cross paths with I’d say around 90% of the participants that were walking into the building,” SMART TD Alternate National Legislative Director Jared Cassity said of the approximately 60 protesters present.

“The crowd was fired up — it was divide and conquer. A very lively crowd,” said Vice President Chad Adams, who joined in the two-hour protest.

Also mobilizing our members were General Chairpersons Mike LaPresta (GO 001); Scott Swiatek (GO 009); and Luke Edington (GO 953).

“It was great seeing spouses and family involved in today’s protest, showing their support,” TD Auxiliary President Kathryn Seegmiller said. “We want change and won’t be going away or backing down.”

Cassity echoed this sentiment: “It was great to see labor standing in solidarity, members shoulder-to-shoulder and fighting for what’s right for the membership. We’re taking the fight to the railroads, and we’re not going to back down. The shareholders that were present at the meeting were there discussing the progress that they have made off of the backs of our members, and it’s important that they understand that we won’t back down and we won’t go away until the right thing has been done.”

According to the Informational Protest — Omaha NE 2022 Facebook page, the picketers regrouped later that afternoon and were joined by more supporters who could not make the morning session; another display of continuing solidarity.

Adams said that the April 30th movement is just the beginning.

“The group was talking about getting back together at the UP shareholders meeting next month — one thing builds another, just keep the pressure on and that’s what we can do,” he said.

Cristhian Sosa

SMART TD Local 818 (Ft. Worth, Texas) Alt. Legislative Rep. and BNSF Conductor Cristhian Sosa (pictured) was on BNSF train M-TULIRB1-02A with Engineer Justin Luster heading southbound from Madill, Okla., to Irving, Texas, on Thursday, Feb. 3 when they spot­ted a woman near the tracks waving her arm in the air for help.

“Engineer Luster promptly and safely brought the train to a stop, while I toned up 911 on the radio,” Sosa said. “A dispatcher answered the tone up and I described an indi­vidual laying on the ground asking for help and that emergency services would be needed immediately as the person appeared to be hurt.”

Sosa walked back 26 cars to where the woman was on the rocks by a levee and covered by an air mattress. CBS & Fox-affiliate KXII News 12 reported that the woman, who only identified herself as “Connie,” had been last seen Tuesday, Feb. 1, floating on the air mattress on Lake Texoma located in Kingston, Okla.

According to reports, she and her fiancé were trying to fish belongings that had fallen out of their boat and into the water when the air mattress she was on caught a current. She floated on it for two days as temper­atures dropped from highs in the mid-50s to a high of 28 degrees the day she was found.

“She was cold from being wet, her clothes were stiff, her hands were cut up and bleeding, and she was having trouble getting up to walk,” Sosa said of the woman’s condition when they found her. “She was showing symp­toms of possible hypothermia, so we asked for 6.6 to back up and get her on the second motor. We helped her get up and walk slowly to climb the steps of the second unit. While sitting in a warm cab, we got her some drinking water and a dry sweater to help her with how cold she was.”

The crew then proceeded to the next crossing to wait for emergency services to arrive. Sosa said that an Oklahoma state trooper told him that Connie had been missing since the day before and had been assumed dead.

“We just did what anyone else would’ve done in our situation. I haven’t heard how Connie is doing, but I hope she is doing much better,” Sosa said. Media reports said that the woman had experienced hypothermia but was expected to recover.

SMART congratulates Sosa and Luster on their heroic efforts and commends them for their quick thinking and situational awareness.

Click here to read the report from KXII or here to read the report from CNN.

The federal Surface Transportation Board issued the following statement on Friday, May 6:

The Surface Transportation Board today announced that it will require certain railroads to submit service recovery plans as well as provide additional data and regular progress reports on rail service, operations, and employment.  These measures are meant to inform the Board’s assessment of further actions that may be warranted to address the acute service issues facing the rail industry and to promote industry-wide transparency, accountability, and improvements in rail service.

This decision follows extensive testimony on severe rail service issues reported by a wide range of witnesses — including agricultural, energy, and other shippers, as well as government officials, rail labor, and rail experts — during the Board’s April 26 and 27, 2022 public hearing in Urgent Issues in Freight Rail Service. The Board has also continued to review and monitor weekly rail service performance data, which indicate trends in deteriorating service. The decision focuses on the adequacy of recovery efforts involving BNSF Railway Company (BNSF), CSX Transportation (CSX), Norfolk Southern Railway Company (NS), and Union Pacific Railroad Company (UP), and it requires more comprehensive and customer-centric reporting of all Class I railroads’ service metrics.

“Our freight rail service hearing highlighted the grave concerns of shippers and others regarding freight rail service,” said Chairman Martin J. Oberman. “While the railroads have faced certain challenges over the last few years, the evidence produced at last week’s hearing is overwhelming that the railroads’ longstanding practice of reducing operating ratios by cutting employment levels, mothballing locomotives, and eliminating other essential resources are the central reasons  why farmers have been hours away from depopulating herds, manufacturing facilities have reduced operating hours, and shippers cannot get their products to market on time or receive essential raw materials for their companies. These failures are harming the nation’s economy and, in my view, are contributing to the inflationary forces affecting food and fuel in particular.”

“Requiring additional reporting from railroads may not be the final result of our hearing on service issues. Today’s decision is an immediate step the Board can take to enable needed monitoring of the improved efforts the railroads have been promising for months, and to determine if additional regulatory steps are necessary to promote reliable service.”

Today’s decision requires all Class I carriers to submit several specific reports on rail service, performance, and employment.  In addition, BNSF, CSX, NS, and UP are required to submit service recovery plans, progress reports, historical data, and participate in bi-weekly conference calls with Board staff.

A recording of the Board’s April 26 and 27, 2022 hearing in Urgent Issues in Freight Rail Service, may be viewed on the Board’s YouTube page.  Today’s decision in Urgent Issues in Freight Rail Service—Railroad Reporting, Docket No. EP 770 (Sub-No. 1), may be viewed and downloaded here.

An arbitrator’s recent decision in a Public Law Board case brought by the SMART Transportation Division against BNSF resulted in a victory over the carrier.

In September 2017, BNSF unilaterally altered the working conditions for SMART-TD members in GO-386, who serve in and around Superior, Wisconsin, under the guise of Article IX of the 1985 UTU National Agreement (ID service notice), after the parties were unable to reach an amicable agreement. The changes included consolidating many Thru-Freight Service Pools into a single pool, as well as altering working rules under the collective bargaining agreement.

General Chairperson Larry Miller (GO-386) initiated Section 3 arbitration with the assistance of SMART-TD Vice Presidents John Whitaker and Jamie Modesitt. The union argued that BNSF’s ID Notice and changes to the working conditions were improper under the conditions allowed by Article IX of the 1985 National Agreement.

After hearing the case Dec. 14, 2021, arbiter Joshua M. Javits issued his decision April 14, 2022. He found:

  • that BNSF utilized the Article IX process to make efficiency changes, even though there was no new Interdivisional Service established;
  • that all of the evidence presented at the hearing suggested that BNSF was attempting to alter existing rules and agreements between the parties in a manner not intended by Article IX; and
  • that BNSF’s unilateral changes to employees’ negotiated working conditions were unreasonable, or justified under the Article IX process, and that the BNSF’s actions had improperly altered the work conditions of previous collective bargaining agreements.

Javits directed BNSF to reinstate the rules and working conditions that were in effect prior to the carrier’s imposition of the changes in October 2017.

“GC Miller and the rest of GO-386, as well as Vice Presidents Whitaker and Modesitt, should hold their heads high and be proud of this win,” SMART Transportation Division President Jeremy Ferguson said. “These types of victories are the building blocks for labor’s future success. These battles surely are not glamorous and they take time. We need to remain focused, persistent and maintain our determination that we all will hold carriers accountable while battling as a unit against their unjust impositions such as these. This is a huge success for SMART-TD once again and shows we are defending the agreements and protecting members rights to a fair and reasonable interpretation of agreements, especially as we start down the same path of arbitration for the Hi-Viz attendance policy.”

In response to the decision, members of SMART-TD Local 832 (Superior, Wis.) and 1175 (Duluth, Minn.) issued the following letter:

We would like to take a moment to thank General Chairperson Larry Miller and 1st Vice Chairperson of GCA 386 Tim Flynn for their unwavering hard work which resulted in a favorable ruling for our members regarding the contested Article IX that was imposed upon us in Superior, Wis.

Our local membership as a collective felt we were being unfairly disenfranchised from longstanding agreements put in place to create equitable outcomes for all parties tasked with supporting the multiple customers who depend on our ability to service their needs year-round, 24/7. Whether it’s spring flooding events or 45 degrees below zero, the agreement stated all parties would work together to create a reliable pact that our customers and community could count on.

Somewhere along the way, that alliance was broken, and with it our resolve. A feeling of isolation, dismay and resentment fell over the membership, yet we carried on for multiple years. So did Larry, Tim and others to make our voices heard. It would be easy to dwell on the negative impacts and feelings of animosity that soon arose after and during this time. Looking forward, hopefully with collaboration this ruling creates an opportunity to once again bring everyone into the fold and create an environment of inclusivity instead of isolation.

To Larry, Tim and everyone behind the scenes we haven’t named, we want to thank you for never losing sight of what this favorable outcome would mean for the working environment and overall mental well-being of the Superior, Wis., terminal and their families. Once again THANK YOU!

We are proud to have you in our corner and grateful for your representation throughout this time.


Your Brothers and Sisters

SMART-TD Locals 0832 Superior WI & 1175 Duluth, MN

The full case, Public Law Board 7986, Award No. 1, is available to view below in PDF form.