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The International Association of Sheet Metal, Air, Rail and Transportation (SMART) Railroad, Mechanical and Engineering Department (MD) members employed on BNSF, CSX-T and Norfolk Southern Railway have voted to ratify their respective collective bargaining agreements (CBAs). Members voted in favor of the CBAs by 69% (BNSF), 68% (CSX) and 62% (NS).

With these agreements ratified, SMART-MD members employed by BNSF, CSX-T and NS have secured healthcare stability and annual wage increases through December 31, 2029.  

The CBAs on each respective rail carrier are essentially identical, consisting of a five-year term that provides for annual general wage increases (GWI) that average out to 3.5% per year, improvements for paid vacation, as well as improvements to health and welfare benefits without changing the employee monthly cost-share contribution of 15% of the carriers’ monthly payment rate. The CBAs also resulted in the creation of new benefit design for employees that desire to have employee-only coverage under a high deductible health plan at a reduced employee monthly cost-share contribution. 

“GWIs of 18.8% compounded are almost unheard of in the freight industry, especially on a voluntary basis without concessions,” said General Committee 2 Directing General Chairperson John McCloskey. “I appreciate BNSF, CSX and NS negotiating with SMART-MD in good faith and allowing us the opportunity to engage with the members throughout the ratification process.” 

“Thank you to the members that took the time to educate themselves about their agreement, and that participated in the ratification process. We are glad to have resolved negotiations with these major freight railroads. The remaining rail carriers need to follow the pattern that has been established by BNSF, CSX-T and NS,” added SMART-MD Director Peter Kennedy.

“The members have passed their verdict on the agreements with BNSF, CSX-T and NS, with more than 60% voting in favor for each carrier,” said SMART General President Michael Coleman. “I am grateful for the determination and advocacy of the SMART-MD negotiating team, and I appreciate the leadership at BNSF, CSX-T and NS for resolving the next round of national negotiations without dragging out the bargaining process for years. I am glad these railroads recognized that our members deserve to be compensated fairly with wage increases coming to them in real time, rather than years after the fact.” 

SMART Rail, Mechanical and Engineering (RME) members working for Norfolk Southern, BNSF and CSX will soon receive ratification information ballots from the American Arbitration Association regarding tentative agreements reached with the respective carriers on August 22.

The ratification vote will run from Monday, September 9, through Thursday, October 3; members will have until 11:59pm on Thursday, October 3 to cast their vote for their respective tentative agreement. The votes will be counted and announced on Friday, October 4. Please take the time to read through the relevant ratification information carefully. If members have questions, they should not hesitate to contact their SMART representatives.

The SMART Railroad, Mechanical and Engineering Department (SMART-MD) has reached tentative agreements with CSX, Norfolk Southern and BNSF Railway that will be sent to the membership for a vote in the days ahead. 

Section 6 notices for national negotiations are not allowed to be served until November 1, 2024; however, these tentative agreements were reached on an individual carrier basis, rather than under the national umbrella. The tentative agreements, if ratified, would resolve the next round of national negotiations for SMART-MD and each respective rail carrier.

Each five-year tentative agreement provides for annual general wage increases — effective July 1st of each calendar year — totaling 17.5% (over 18.75% when compounded), as well as paid vacation days for new-hire employees and the accelerated qualification and accrual of paid vacation for tenured employees. There are also improvements to health and welfare benefits, including the extension of health and welfare coverage for surviving dependents, male sterilization procedures (i.e., vasectomy), as well as substantial increases for vision frame allowances from $115 to $250 every two years. In addition, the orthodontia lifetime maximum benefit would increase from $1,000 to $2,500 per covered individual. 

The tentative agreements provide for a new individual employee-only health insurance benefits coverage that is not mandatory and will only apply to employees that select such coverage. Employees that select this new benefit will have a reduced monthly cost-share payment, capped at 10% of the carrier’s monthly payment rate. Employees that do not select the new individual employee-only health insurance benefit will continue to have their traditional employer-provided health insurance benefits, as well as a monthly cost-share payment of 15% of the carrier’s monthly payment rate. Employees that entirely opt out of their employer-provided coverage will now receive $200 per month instead of $100.  

“These tentative agreements provide real wage increases and substantial improvements to paid time off that the railroads have historically fought us on, as well as improvements to health and welfare benefits with an added benefit option for those that want it,” said SMART Directing General Chairperson John McCloskey. “These tentative agreements, if ratified, take away the uncertainty of when the next round of national negotiations will be completed, and if and when annual pay increases will be implemented.”

 “It is now up to the members to decide whether these agreements meet their standards,” added SMART General President Michael Coleman. “I know that all of SMART-MD, officers and staff, will be engaging with the members on each railroad property, answering questions and providing them with ratification material so they can make an informed decision.”

From local union visits to new member organizing, the SMART RME Department is actively working to strengthen and grow our union. Read updates on the department’s recent activities:

SMART RME International representatives visit local unions

SMART RME International Representative Joe Fraley and RME Department Director Peter Kennedy have been engaging with RME members at union meetings, visiting Locals 78 (Little Rock, Ark.), 165 (Argentine, Kan.), 256 (Chicago, Ill.), 462 (Huntington, W.Va.) and 472 (Topeka, Kan.) To provide information about local representative training, member engagement and other resources that are available for officers and members.

“Keep an eye out for meeting notifications in the future — we will be visiting remaining locals in 2024,” said Kennedy.

Local 472 meeting attendees: Jacob Crump, David Samuels, Lloyd Long, Corey Kious, David Streeter, David Dains, Travis Morgan, Jesse Drake, Jesse Thomas, Preston Cummings, Brennan Walker, James Smith, Craig Snyder, Brady Haddock, Rich Mohr

RME Department conducts trainings for local union officers

In November 2023, General Committee 2 officers, with assistance from International representatives, provided training to local union chairpersons for claim and grievance handling, as well as the representation of members at disciplinary hearings. The training, held in Chicago, marked the second of its kind for local chairpersons. The department also held its first training for newly elected recording secretaries and financial secretary-treasurers in Washington, DC.

“These training courses are offered at no cost to the local unions, as costs associated with the training are covered by General Committee 2 and the International,” explained Fraley. “These sessions will continue In 2024, again at no cost to local unions. Each local is encouraged to send their elected officers to these courses.”

RME training in Washington, DC
Local 256 meeting attendees: Pete Fiore, Rick Flores, Jacob Orseno, Matthew Del Real, Gilbert Santiago, Christopher Pasowisty, Dominick Horne Sr., Erik Ortega, John Sutton

SMART RME wins National Mediation Board election for RailTerm employees

On November 16, 2023, the RME Department won a representation election for employees working at RailTerm. This marks another organizing victory for SMART as we work to bring new members into our union.

“Negotiations will begin in the near future,” said Fraley. “We are proud to represent the RailTerm employees and are ready to negotiate an agreement with the company.”

Topeka shop visit: Dave Samuels
Topeka shop visit: Randy Medilen

WASHINGTON, DC – The shop craft unions at Burlington Northern Santa Fe (BNSF) Railway are urgently calling upon the Federal Railroad Administration (FRA) to initiate unannounced focus inspections on all locomotives and rail cars owned and leased by BNSF Railway, and immediately issue non-compliance orders requiring BNSF to fix all found defects before being permitted to use such equipment, citing concerns over numerous defects that are allegedly being ignored and neglected by BNSF management.

The letter comes on the heels of BNSF’s recent announcement of over 362 furloughs in the shop craft unions, further exacerbating concerns over safety and maintenance practices. The defects and recent extreme cuts to the workforce pose serious safety risks to railroad operations and personnel.

Many furloughed employees may be forced to accept positions with lower pay and fewer benefits, potentially disrupting their lives and livelihoods.

In a letter addressed to FRA Administrator Amit Bose, the shop craft unions at BNSF highlighted their ongoing efforts to address safety and maintenance issues within the railroad industry. The letter referenced a meeting held on December 19, 2023, during which the shop craft unions presented evidence of significant workforce reductions within the mechanical departments of Class I freight railroads, including a staggering 41% decrease in employees since 2015.

Reports received by the shop craft unions indicate that BNSF managers that have been under pressure to perform work without an adequate number of workers, may have instructed workers to release locomotives and rail cars for service that have not been adequately inspected or repaired, effectively disregarding federally mandated safety inspections and fabricate of inspection reports, purportedly as part of cost-cutting measures aimed at maximizing shareholder profits.

“BNSF’s actions represent a reckless disregard for the safety and integrity of our nation’s railways,” said the shop craft unions. “BNSF has recently admitted in public filings that they would not be in compliance with federally mandated safety inspections, and we continue to be informed that BNSF has numerous FRA defects on their locomotives and rail cars. There is no shortage of profits for BNSF, and there is no shortage of work to be performed on BNSF equipment. There is simply an obscene shortage of workers and disregard for people at BNSF. By prioritizing cost-cutting over safety, BNSF is placing its employees and the public at risk. In light of these developments, we have urged the FRA to take immediate action to ensure the safety of BNSF operations. Random audits and focus inspections are essential to holding BNSF accountable and preventing further compromises to safety.”

The shop craft unions at BNSF are calling upon the FRA to prioritize the safety of railroad workers and the integrity of railroad operations by promptly conducting inspections of BNSF locomotives and rail cars located at or in transit to all BNSF Locomotive Maintenance Inspection Terminals (LMITs).

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The Shop Craft Unions are, in alphabetical order: The Brotherhood of Railroad Carmen Division, TCU/IAM (BRC), the International Association of Machinists and Aerospace Workers (IAM) , the International Brotherhood of Boilermakers (IBB), the International Brotherhood of Electrical Workers (IBEW), the National Conference of Fireman and Oilers, Local 32BJ/SEIU (NCFO), the International Association of Sheet Metal, Air, Rail and Transportation Workers Mechanical Department (SMART MD), the Transportation Communications Union (TCU) and the Transport Workers Union of America (TWU).

In May of 2023, SMART dealt a major blow to Union Pacific when, after four years, we successfully received an arbitration award that sustained our claim for protective benefits for five SMART Railroad, Mechanical and Engineering (RME) members that were furloughed by the carrier and replaced with contractors.

On October 1, 2019, Union Pacific sent a notice to SMART stating that it was furloughing nine employees working in the Water Service Department, and that the carrier intended to contract out the work. Union Pacific refused to follow the black letter of the collective bargaining agreement and instead arbitrarily selected which of the furloughed employees would receive protective benefits, denying benefits to others.

SMART filed a claim on behalf of the members that were refused protective benefits, and the case was heard before a Special Board of Adjustment in 2021. The claim was originally denied by the arbitrator; however, SMART asserted that the board’s decision was not based on the clear language of the agreement and filed a motion to vacate in district court. The court agreed with SMART and remanded the case back to the arbitrator, which meant going through the entire arbitration process a second time.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job. The money will go a long way.”

RME member Don Yei

The case was heard again in March 2023 — and SMART prevailed. Union Pacific was ordered to provide protective benefits to the members’ choosing based on the options set forth in the agreement. In total, these SMART members will receive more than $840,000 in protective benefits.

“Union Pacific is a huge railroad, and it fought hard to deny the members what was rightfully theirs,” said International Representative Joe Fraley, who handled the case. “But even when times got tough, the members had SMART’s back — and SMART had theirs. Together, we fought smarter, we fought harder, and we won. That’s what being SMART is all about.”

“I am honored and humbled to represent the members — the members are the real heroes here, and they deserve every penny that they will receive,” he added. “We would not have done it without all of us working together. We would not have done it without being SMART.”

For the victorious members, the case demonstrates the material difference of union solidarity.

“I would never have gotten anything without the help of the union, without people like Joe giving their time and doing their job,” said RME member Don Yei. “The money will go a long way.”

During a financial secretary-treasurers meeting at SMART International headquarters in Washington, DC, several SMART Rail, Mechanical and Engineering (RME) Department members received their 15-year service awards. Pictured, left to right: Erik Marro from Local 31 (Harmon, New York); Rob Ussery of Local 78 (Little Rock, Arkansas); SMART International Representative C. Joseph Fraley of Local 31; Rob Kaminskey from Local 149 (New York City); and Arnold Fernandes from Local 139 (Boston, Mass.).

On June 28 and 29, General Committee 2 held its second General Convention in Fort Lauderdale, Florida. The first such convention held since the merger of General Committees 1 and 2, this marked an important milestone: honoring and enacting the Railroad, Mechanical and Engineering (RME) Department’s commitment to union democracy under the SMART Constitution.

Thirty-two delegates from 20 local unions were present for the purposes of electing General Committee 2 leadership, voting on changes to the bylaws, and discussing union and industry business more generally. The results of the elections reflect the department’s unity: both Directing General Chairperson John McCloskey and Financial Secretary-Treasurer/Assistant General Chairperson Jason Busolt were reelected to their roles by acclamation. Elections for other positions in General Committee 2 were also a success. Executive board members elected include Keith Petrie (Local 139), Matthew Haile (Local 78), Troy Weakland (Local 472), Craig Tallini (Local 149), Joe Persaud (Local 396), Marcus Williams (Local 363), George Jeffers (Local 462), Bill Scalia (Local 526) and Jose Navarrete (Local 209). Finally, Brian Opland (Local 165), Kevin Downing (Local 363), John Daly (Local 526) and Tom Kennedy (Local 367) were elected trustees.

General Chairperson McCloskey was proud to see such a strong interest in union democracy and was impressed by the presence of international union leaders.

“It was such a huge honor to have four presidents attend our convention,” he noted. “With so many SMART International staff in attendance, it showed the delegates that General President Coleman is committed to our department. The delegates have elected a very strong executive board, and being the best representatives for our members will be a priority. We look forward to serving our members going forward.”

During the convention, delegates also heard presentations on Railroad Retirement, FELA, insurance benefits and other topics relevant to railroaders. SMART’s Communications and Organizing Departments also gave presentations on applying their resources and expertise to the needs of RME members.

RME International Rep. Joe Fraley reflected enthusiastically on the success of the convention: “It was great to have all our local unions united in solidarity as we forge ahead together. I cannot recall ever having so many strong local union leaders ready to take on the challenges of the railroad industry. This is our time.”

International Representative Peter Kennedy is the newest addition to the SMART Railroad, Mechanical and Engineering (RME) Department.

Brother Kennedy started his railroad career in September 2003 in the Maintenance of Way Department of CSX Transportation and has been a member of the Brotherhood of Maintenance of Way Employes Division (BMWED) of the Brotherhood of Teamsters for 20 years.

Kennedy is an experienced labor relations practitioner and strategist and has a knack for special projects. Most recently, he served as director of strategic coordination and research at BMWED, a position in which he oversaw major projects and initiatives impacting railroaders, including presenting the union’s case before Presidential Emergency Board 250, implementing the National Paid Sick Leave for Railroad Workers Campaign, and creating a memorandum of understanding on Brightline West for the High-Speed Rail Labor Coalition.

International Representative Joe Fraley, whose experience working with Kennedy was instrumental for this recruitment, is extremely enthusiastic about the new hire.

“I have worked with Peter Kennedy throughout the last two rounds of national negotiations and on several other committees including CRLO, which jointly administers the Railroad National Healthcare Plan,” Fraley said. “He is a dedicated union leader who puts the members first. He is a great addition to our team.”

Likewise, General Committee 2 leadership is eager to work with Brother Kennedy and make use of his fresh perspective.

“Peter’s reputation in our industry is second to none,” said Directing General Chairperson John McCloskey. “The local officers and members of General Committee 2 will benefit so much from his knowledge and dedication.”

Financial Secretary-Treasurer Jason Busolt echoed that sentiment: “We look forward to working with him and utilizing his expertise when it comes to many different areas of the railroad. Welcome aboard, Peter!”

For outgoing International Representative Larry Holbert, Brother Kennedy’s recruitment ensures the department is in competent hands.

“Without any hesitation, I am so confident of a successful future for this department and for the entire union with the assignment of Brother Peter Kennedy,” Holbert said. “I have had the opportunity to work with Peter on numerous occasions, and I am truly impressed with his professionalism and knowledge of this industry.”

Finally, having recently become a member of SMART Local 256 (Chicago, Ill.), Kennedy is eager to show his commitment to his new role. In his own words: “I look forward to interacting with every member at every railroad across the country and getting to know what is important to them. This is our time to renew the meaning of SMART’s work and improve the workplace. I am incredibly grateful for the opportunity to serve and represent the members of the SMART Railroad, Mechanical and Engineering Department.”