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By National Legislative Director John Risch

Risch
Risch
Recently, Republican Congressman Louie Gohmert of Texas – one of the most conservative members of the U.S. House of Representatives – cosponsored our two-person crew legislation, H.R. 1763, the Safe Freight Act. This show of support follows cosponsorship from Congressman Trent Franks of Arizona, a member of the conservative House Freedom Caucus. Both are considered among the most conservative members of Congress. Why did Rep. Gohmert sign onto the bill? The simple answer is that one of our members asked him to. General Chairperson Steve Simpson’s office is located near Rep. Gohmert’s, and Steve decided to set up a meeting to engage the Congressman on our issues, including the need for two-person crews on all trains. Steve didn’t shy away because Rep. Gohmert is a conservative Republican; no, Steve’s attitude was that “this is my Congressman, and I will request a meeting.” They talked for more than an hour and Steve convinced this very conservative Republican that the only safe way to operate a train is with a crew of at least two people. Arizona State Director Scott Jones lives in Congressman Franks’ district and decided to set up a meeting with his Congressman. Scott brought along a retired engineer who attends the same church as Congressman Franks and whose children attend bible study taught by the Congressman. These personal connections proved extremely effective as Congressman Franks came out of the meeting as a supporter of the Safe Freight Act and he also became a cosponsor. Last year, one of our bus members, Socorro Cisneros-Hernandez, had an upcoming meeting with Republican Congressman Paul Cook of California and called our office looking for talking points on our legislative priorities. Ms. Cisneros used the information we provided and had a very productive meeting with Congressman Cook, after which he co-sponsored the Safe Freight Act. Most recently, Greg Hynes and I met with another conservative Republican, Ryan Zinke of Montana. After a robust discussion about the two-person crew legislation, Congressman Zinke agreed to sign on as a cosponsor. The lesson from all of these cases is that every member of Congress, regardless of party or ideology, should be viewed as a potential cosponsor of H.R. 1763. Our Washington team will continue to do our part, but when it comes to issues that some members of Congress may not be naturally inclined to support, our members – their constituents – are the ones who can make the most effective case. I am calling on all of you to set up meetings with your Congressional Representatives and ask that they cosponsor H.R. 1763, the Safe Freight Act. We can provide you with handouts and other materials to help. Our recent comments on the FRA’s crew size rule is a good source of information on this issue. Here is the link: https://static.smart-union.org/worksite/PDFs/SMART-TD_BLET_Joint_Comments.pdf If we are going to succeed in passing this bill, we need to be engaged at the local level. Special thanks to Brothers Steve Simpson, Scott Jones and Sister Socorro Cisneros-Hernandez for stepping up to the plate and taking the initiative in getting these new cosponsors. Visit the Legislative Action Center to learn more about the Safe Freight Act and to find out who represents you in congress.

Risch
              Risch

In a letter dated May 26, 2016, to the Federal Railroad Administration (FRA), SMART TD National Legislative Director John Risch brought attention to the fact that some railroads are requiring needless radio broadcasts to the already-congested radio airways, which caused a derailment and loss of life in the case of the May 2015 Amtrak crash.
“Places where there is too much radio traffic impairs the ability of train crew members to communicate effectively with roadway workers, dispatchers and other train crews causing safety issues,” Risch wrote. “We have reports from members who say they have lost situational awareness because of the constant blaring of the locomotive radio and I can attest that it has happened to me.”
Click here to read Risch’s letter to the FRA in its entirety.

Risch
Risch

“The greatest threat to Railroad Retirement and Social Security is if Congress tries to mess with either one, which would automatically affect our pensions,” said John Risch, National Legislative Director of SMART TD.  He made his remarks to the biannual convention of the National Association of Retired and Veteran Railway Employees, Inc., (NARVRE) in St. Louis, Missouri on May 16, 2016.
Risch thanked NARVRE leaders and members for their efforts in protecting Railroad Retirement and for their support of job related issues, including their strong support of Amtrak and pending legislation of the two-person crew bill.
Risch also explained that attacks on any defined benefit pension plan in America is really an indirect attack on Railroad Retirement.  He cited the recent attacks on public employee pensions and pointed out that “Instead of being critical of public employees because they have a pension, workers without pensions should be demanding a pension of their own.”
He urged attendees to meet with their congressional reps and senators, “whether they are right, left, Republican or Democrat – to make sure they understand our railroad pension and how it works, and to ask them to support more rail jobs by supporting passenger rail—and also, to support a law requiring two-person crews.”
Risch also outlined pending regulatory proposals including: railroad speed signs; locomotive inward facing cameras, remote control operations and others.
“It’s not NARVRE or the rail unions that will protect our pension. It’s the grass roots efforts of our members and people like all of you in this room—people who demand of their congressional delegation that Amtrak gets the money it needs; who demand that Congress keep their hands off our Railroad Retirement and Social Security. It means asking them to support more rail jobs; it means demanding that they support a law that requires two-person crews.”
“You are all political activists or you wouldn’t be at this convention,” Risch said.
“America’s railroad workers are counting on your help to protect Railroad Retirement and to grow rail jobs in America and we in SMART-TD pledge to do all we can to do the same,” he said.
 

Risch
Risch
 “The greatest threat to Railroad Retirement and Social Security is if Congress tries to mess with either one, which would automatically affect our pensions,” said John Risch, National Legislative Director of SMART TD.  He made his remarks to the biannual convention of the National Association of Retired and Veteran Railway Employees, Inc., (NARVRE) in St. Louis, Missouri on May 16, 2016. Risch thanked NARVRE leaders and members for their efforts in protecting Railroad Retirement and for their support of job related issues, including their strong support of Amtrak and pending legislation of the two-person crew bill. Risch also explained that attacks on any defined benefit pension plan in America is really an indirect attack on Railroad Retirement.  He cited the recent attacks on public employee pensions and pointed out that “Instead of being critical of public employees because they have a pension, workers without pensions should be demanding a pension of their own.” He urged attendees to meet with their congressional reps and senators, “whether they are right, left, Republican or Democrat – to make sure they understand our railroad pension and how it works, and to ask them to support more rail jobs by supporting passenger rail—and also, to support a law requiring two-person crews.” Risch also outlined pending regulatory proposals including: railroad speed signs; locomotive inward facing cameras, remote control operations and others. “It’s not NARVRE or the rail unions that will protect our pension. It’s the grass roots efforts of our members and people like all of you in this room—people who demand of their congressional delegation that Amtrak gets the money it needs; who demand that Congress keep their hands off our Railroad Retirement and Social Security. It means asking them to support more rail jobs; it means demanding that they support a law that requires two-person crews.” “You are all political activists or you wouldn’t be at this convention,” Risch said. “America’s railroad workers are counting on your help to protect Railroad Retirement and to grow rail jobs in America and we in SMART-TD pledge to do all we can to do the same,” he said.      

National Legislative Director John Risch and Local 759 (Newark, N.J.) Secretary and Treasurer Craig Harrison testified at a public hearing today before the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) about Obstructive Sleep Apnea.
Harrison, who works for Coach USA, testified about his hardships as a result of being diagnosed with Sleep Apnea.
Click here to read Risch’s testimony before the FRA and FMCSA.

Harrison
                       Harrison

Risch
                             Risch

 

Risch
Risch
In a joint letter, SMART Transportation Division National Legislative Director John Risch and Brotherhood of Engineers and Trainmen (BLET) National Legislative Representative John P. Tolman, submitted a letter to the Federal Railroad Administration (FRA) withdrawing their previous letter dated Jan. 12 requesting that the FRA make a final rule mandating uniform warning speed signs in advance of speed restrictions. Risch and Tolman still ask that speed signs be standardized in dimensions, conspicuity, color and distance ahead of a speed restriction, but are asking that this issue be presented to the FRA’s Rail Safety Advisory Committee (RSAC) first. Click here to read Risch’s and Tolman’s original letter dated Jan. 12. Click here to read the withdrawal letter dated Feb. 26.

cp-logo-240“You don’t merge two railroads like this to create job opportunities, but to boost profits for a few investors,” stated John Risch, National Legislative Director of SMART Transportation Division, to Reuters reporter, Nick Carey.

Click here to read the complete Reuters article.

Alton Schuette
Schuette

Former N.D. State Director Alton Schuette, 93, of Bismarck, N.D. died Dec. 10, 2015, at a Bismarck care center.

Schuette enlisted in the Marine Corps in 1943 and was deployed during World War II at the battle of Iwo Jima. After Iwo Jima was secured, Schuette was sent to China. After receiving his discharge in August 1946, he hired out with Soo Line Railroad.

During his 40-year tenure on the Soo Line, Schuette served his union as North Dakota state legislative director for 26 years. As state director, Schuette was passionate about improving working conditions for all workers.

National Legislative Director John Risch knew Schuette well. “Al was my predecessor and mentor. He was well-respected at the North Dakota legislature and our respective government agencies,” Risch said. “He led our legislative board in North Dakota for 26 years, in some very tough times for our membership. Those years were filled with abandonments, railroad mergers and the virtual elimination of rail passenger service. He was the right guy for tough times and we need all to be grateful for the work that he did in moderating the effects in what was a big contraction in our industry. Our members are still benefiting from the work that he did.”

Schuette is survived by his wife Celia, two sons Robert (Rosanna) and Donald (Linda), grandson Jesse (Terri), granddaughter-in-law Elizabeth, six great-grandchildren, two brothers Robert (Shirley) and Richard (Deanna); three sisters Lorraine Wolf, Eileen (Norbert) Wilson and Audrey Van Dyke; and many others.

Schuette is preceded in death by his parents Richard and Freda (Gerber) Schuette, grandson Justin; brothers Maynard, Vern and Harry; and sister Althea.

A memorial service will be held Friday, Dec. 18, at 10:00 a.m. at Bismarck Funeral Home, 3723 Lockport St., Bismarck, ND 58503. Interment will follow at the North Dakota Veterans Cemetery.

Memorial contributions may be made in lieu of flowers to the North Dakota Veterans Cemetery, 1825 46th St., Mandan, ND 58554 or to your favorite veterans’ organization.

Click here to see Schuette’s obituary or to leave condolences for the family.

Previsich
Previsich

On December 3, 2015, Congress passed H.R. 22, the Fixing America’s Surface Transportation Act (FAST ACT) by overwhelming bipartisan votes of 83 to 16 and 359 to 65 in the Senate and House respectively. The legislation is the first long-term surface transportation reauthorization in a decade and provides funding and policy changes for our nation’s highways, mass transit and rail systems. This landmark legislation includes a number of SMART TD policy priorities, many of which are outlined below.

“I’m very pleased with the legislation overall compared to some of the original proposals. The legislation was modified in both houses and in the conference committee to correct many of the harmful issues facing our membership,” SMART TD President John Previsich said.

“Our National Legislative Director John Risch and his team, working with other unions and allies did a stellar job on a very complex 1300-page piece of legislation that was passed through a very complicated legislative process.

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Risch

“In difficult economic and political times, an effective legislative department makes all the difference and we have one of the best in the business.”

“Considering the makeup of the Congress, overall we are pleased with the policy provisions in this legislation, and that the law covers five years of authorization,” said Risch. “However, we are disappointed that much of the funding came from non-user fees. Freight railroads alone fund their own track and infrastructure. Using general funding for highways puts railroads at a competitive disadvantage because trucks are not paying their fair share of costs for highway construction and maintenance.”

Provisions to protect transit members from assault
  • Section 3022. Improved Public Transportation Safety Measures
  • This much-needed section will better protect our transit members by requiring the Federal Transit Administration to promulgate regulations to protect public transportation operators from assault.
  • The rulemaking will be required to consider the safety needs of drivers in different modes, including bus and light rail.
  • This provision was a direct result of a joint lobbying effort by SMART TD, the AFL-CIO’s Transportation Trades Department (TTD), AFL-CIO, the Transport Workers Union (TWU) and the Amalgamated Transit Union (ATU).
ECP brake mandate is maintained
  • The legislation largely protects the May 2015 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule that requires the use of electronically controlled pneumatic (ECP) brakes on certain high-hazard flammable trains (HHFTs), which SMART TD strongly supports.
  • While the legislation does require another study on ECP brakes, it also includes language supported by SMART TD that will ensure testing is done independently and objectively, and not by the railroads or other entities affected by the rule.
  • Additionally, the legislation neither prohibits DOT from moving forward with the May 2015 rule while the study is in progress, nor does it require DOT to issue a new rule dependent on the study’s findings.
  • The original Senate Commerce Committee language would have repealed the ECP rule and replaced it with a railroad-dominated study.
Inward-facing cameras cannot be used to retaliate against employees.
  • Working with Senator Richard Blumenthal (D – Conn.), SMART TD secured a provision stating that any in-cab audio or image recording obtained by a railroad carrier under this section may not be used to retaliate against an employee. Rail Subcommittee Chairman Jeff Denham (R – Calif.) reinforced this provision by specifically mentioning it in a House floor speech.
  • We are pleased the final bill removed a requirement for efficiency testing.
Removed harmful privatization language for transit projects
  • Working with TTD and other transit unions (TWU and ATU), SMART TD helped strip a harmful privatization provision from the legislation. The provision would have been an unprecedented giveaway to the private sector by allowing certain public-private partnerships to move to the front of the line for grant awards simply because the project included private money, with no minimum threshold.
  • This provision – if not changed – could have resulted in lost jobs, lower wages and diminished passenger rail and transit service.
Biased hair testing methods rejected
  • SMART TD has strongly opposed the unfair and biased use of hair testing for drug tests.
  • SMART TD strongly opposed previous versions of this legislation that would have allowed companies to immediately begin testing an employee’s hair for drugs.
  • The final legislation would only allow companies to do so after experts at the Department of Health and Human Services have set guidelines for such testing.
Tank car safety standards
  • The legislation makes substantial improvements in tank car standards by requiring that all new tank cars are equipped with one-half inch thermal blankets.
  • All existing DOT-111 tank cars transporting flammable liquids are required to be upgraded to retrofit standards regardless of product shipped.
Alerters
  • The legislation requires DOT to promulgate a rule requiring working alerters in the controlling locomotive of each commuter and intercity passenger train.
Signal Protection
  • The legislation requires DOT to initiate a rulemaking for redundant signal protection for Maintenance of Way (MOW) workers.
PTC Grants
  • The legislation provides $199 million to finance a competitive grant program for PTC implementation on commuter railroads.
Funding: Amtrak and Transit
  • Transit programs will receive a 9 percent funding increase in Fiscal year 2016 over FY 2015 levels and 2 percent increases each year through 2020.
  • Amtrak is funded through the appropriations process; however, this legislation increases authorized FY 2016 funding levels for Amtrak by $60 million.

 

two-person_crewIn a letter to state directors, National Legislative Director John Risch and Alternate National Legislative Director Greg Hynes report the following:

“Unfortunately, a two-person crew amendment WILL NOT be offered to H.R. 3763, the Surface Transportation Reauthorization and Reform (STRR) Act of 2015.

“Due to the expected rules governing consideration of the legislation and agreements among the leadership of the House Transportation and Infrastructure Committee on which amendments will be allowed, there is no path for the amendment to pass or receive strong support. A significant loss on the floor would set back our efforts.

“Please pass this information down the chain to your LRs and other members you are able to reach.

“While this is not the result we hoped for, we ask that you all continue to push forward and generate support for the stand-alone, two-person crew legislation, H.R. 1763, the Safe Freight Act. The more cosponsors we have on H.R. 1763, the better position we will be in to pass it as a stand-alone bill or attach it to a larger bill next time the House considers rail safety legislation.

“As always, thank you for all of your hard work and willingness to assist in our efforts.”