A must-watch for all involved members of the SMART-TD and the BLET, SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce have published a joint video regarding the tentative national freight agreement. The presidents describe the challenging political environment surrounding the negotiating process and outline the wages, work rules, and health & welfare benefits secured in the tentative deal.
Jeremy Ferguson, President, SMART Transportation Division and Dennis Pierce, President, Brotherhood of Locomotive Engineers and Trainmen, Teamsters Rail Conference, on move announced by the nation’s largest railroads to further abuse shippers and gridlock the supply chain in order to extort a contract settlement from rail unions:
CLEVELAND — Late on Friday, September 9, the nation’s largest railroads began warning major shippers that they are declaring an embargo on certain types of new shipments five days in advance of the end of the federally mandated cooling-off period at 12:00 AM EDT September 16. They further advised that all rail shippers could be blocked from making any rail shipments well in advance of next Friday’s deadline for a lockout or strike. This completely unnecessary attack on rail shippers by these highly profitable Class I railroads is no more than corporate extortion.
Our Unions remain at the bargaining table and have given the rail carriers a proposal that we would be willing to submit to our members for ratification, but it is the rail carriers that refuse to reach an acceptable agreement. In fact, it was abundantly clear from our negotiations over the past few days that the railroads show no intentions of reaching an agreement with our Unions, but they cannot legally lock out our members until the end of the cooling-off period. Instead, they are locking out their customers beginning on Monday and further harming the supply chain in an effort to provoke congressional action.
The railroads are using shippers, consumers, and the supply chain of our nation as pawns in an effort to get our Unions to cave into their contract demands knowing that our members would never accept them. Our Unions will not cave into these scare tactics, and Congress must not cave into what can only be described as corporate terrorism.
Rather than gridlock the supply chain by denying shipments and potentially locking our members out next Friday, the railroads should work towards a fair settlement that our members, their employees, would ratify. For that to happen, we must make improvements to the working conditions that have been on the bargaining table since negotiations began. Penalizing engineers and conductors for getting sick or going to a doctor’s visit with termination must be stopped as part of this contract settlement. Let us repeat that, our members are being terminated for getting sick or for attending routine medical visits as we crawl our way out of a worldwide pandemic.
No working-class American should be treated with this level of harassment in the workplace for simply becoming ill or going to a routine medical visit. Sadly, the Presidential Emergency Board recommendation got it wrong on this issue. As we have said from the day that they were implemented, these policies are destroying the lives of our members, who are the backbone of the railroad industry.
These employment policies have forced thousands of employees out of the industry and make it all but impossible to recruit new workers. With understaffed operations, these railroads abuse their best customers by refusing to provide deliveries consistent with their legal obligations. These self-appointed titans of industry complain constantly about government regulation and interference — except now when it comes to breaking the backs of their employees. It’s time for the federal government to tell the CEO’s who are running the nation’s railroads into the ground that enough is enough. Congress should stay out of the rail dispute and tell the railroads to do what other business leaders do — sit down and bargain a contract that your employees will accept.
The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
WASHINGTON – Greg Regan, President of the Transportation Trades Department (TTD) of the AFL-CIO, of which the SMART Transportation Division (SMART-TD) and SMART Mechanical Divisions (SMART-MD) are members, released the following statement in response to President Joe Biden’s Executive Order establishing a Presidential Emergency Board (PEB), which will delay any freight rail work stoppage or strike for 60 days upon taking effect Monday, July 18th. TTD is the nation’s largest transportation labor federation and represents 37 labor unions, including the 13 rail worker unions involved in the ongoing national contract negotiations:
“We commend President Biden for announcing a board of neutral arbitrators to investigate and report its findings and recommendations to help both parties work toward a resolution.
“After nearly three years of bad faith negotiations by the railroads, it is sad but not surprising that we arrived at this point in the bargaining process governed by the Railway Labor Act.
“Our goal from the beginning of this process has been to deliver a contract that freight rail workers could ratify, particularly as the railroads are raking in their highest-ever profits as workloads and work hours have increased exponentially. Throughout this process, the railroads have never made a contract proposal that these workers could reasonably accept.
“Just as they have failed in their responsibility to provide reasonable freight service for their customers and the American people, the railroads have also failed in their responsibility to their workers in their greedy quest to become modern-day robber barons.
“The reality is that these frontline workers are pandemic heroes who move essential cargo and goods through the supply chain, yet they have not received a pay raise in three years and are risking their personal health and safety every day on the job.
“The time has come for the nation’s railroads to be held accountable for their actions, and reconcile the long-term effects of their greed. The seven Class I railroads have raked in $146 billion in profits since 2015 while cutting 45,000 jobs in the same period.
“Quite simply, the facts are on our side and we look forward to the forthcoming recommendations of the presidentially-appointed arbitrators.”
“In a joint statement in response to the Executive Order, the 13 rail unions stated: ‘The Rail Unions remain united in their efforts, and are now working together in preparation of a unified case representing the best interests of all rail employees before the Presidential Emergency Board. Our unified case will clearly show that the Unions’ proposals are supported by current economic data and are more than warranted when compared to our memberships’ contribution to the record profits of the rail carriers.‘ “
Upon the formation of the Presidential Emergency Board (PEB), the Railway Labor Act (RLA) imposes a 30-day status quo period during which the Board will receive written submissions and hold hearings, and the parties are not permitted to exercise self-help. The Board would be required to issue its report within 30 days of its appointment. Once the Board issues its report, the RLA mandates another 30-day cooling off period as the unions and the carriers attempt to negotiate an agreement based on the PEB’s recommendations. If no agreement is reached at the end of that last 30-day period, then all restrictions on self-help are removed. Therefore, under the RLA, if a PEB is created and no agreement is reached based on its recommendations, the parties could exercise self-help in mid-September. Congress could take action at this point and mandate the Board’s recommendations or extend the cooling-off period.
The 13 unions involved in the national rail labor contract negotiations are: the American Train Dispatchers Association (ATDA); the Brotherhood of Locomotive Engineers and Trainmen / Teamsters Rail Conference (BLET); the Brotherhood of Maintenance of Way Employees Division (BMWED); the Brotherhood of Railroad Signalmen (BRS); the International Association of Machinists (IAM); the International Brotherhood of Boilermakers (IBB); the National Conference of Firemen & Oilers/SEIU (NCFO); the International Brotherhood of Electrical Workers (IBEW); the Transport Workers Union of America (TWU); the Transportation Communications Union / IAM (TCU), including TCU’s Brotherhood Railway Carmen Division (BRC); and the Transportation Division and Mechanical Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART–TD and SMART-MD, respectively).
Collectively, these Unions represent approximately 140,000 railroad workers covered by the various organizations’ national agreements, and comprise 100% of the workforce who will be impacted by this round of negotiations.