Brothers and sisters —

The SMART Transportation Division stands in solidarity with our brothers and sisters at the United Auto Workers (UAW). As railroaders, we are acutely aware of how it feels to be in their situation. It does not take much of an effort to remember when we were in the same boat last December. As railroad workers we fall under the Railway Labor Act. Our brothers and sisters in the UAW are in a far different situation working under the National Labor Relations Act (NLRA).

That being said, we as SMART-TD members are not legally permitted to participate in a strike or work action conducted by any other nationally recognized labor organization. HOWEVER, SMART-TD’s office wants all our crews to be fully aware of their rights in the event of a national work stoppage by the UAW currently scheduled to occur at 00:01 Friday, September 15th.

Section 92 of Article 21-B in the SMART constitution states very clearly that, “When a strike of any other nationally recognized labor organization is in effect and danger to the safety of our members exists in or about the area affected by the strike, and/or if there exists any substantial present or potential threat of danger to the members en route to or from their work, and/or to the members’ families, it is the policy of SMART to support its members in declining to enter the territory directly affected.”

As of the morning of September 14th, SMART-TD’s understanding of the situation on the ground is that the UAW is planning to operate a system of targeted rolling strike actions. If you are scheduled to service a customer and you have any questions about the situation, please contact your union representative.


Jeremy Ferguson
President, Transportation Division

SMART Transportation Division members are reminded that Local President, Vice President, Secretary and Treasurer, Board of Trustees (3), Legislative Representative, Alternate Legislative Representative, Delegate, and Alternate Delegate elections are scheduled to be held this autumn, with nominations to be taken in October 2023 and elections conducted in November 2023.

Locals must solicit for the nomination of candidates in October seeking to fill the three-year Local officer positions described by the SMART Constitution’s Article 21B, Section 56. Positions include President, Vice President, Secretary and Treasurer, Collector (where applicable) and the three-member Board of Trustees. Locals must also solicit for the nomination of candidates in October seeking to fill the four-year legislative offices. Those eligible to hold office as a Legislative Representative or Alternate Legislative Representative must be qualified voters, meaning they are registered to vote. The duties of a Legislative Representative are listed in SMART Constitution Article 21B, Section 66.

Also this autumn, Locals must solicit for the nomination of candidates in October seeking to fill the positions of Delegate and Alternate Delegate. The Delegate will represent their Transportation Division Local at the SMART Transportation Division Convention. That convention immediately precedes the SMART General Convention. Locals entitled to additional Delegates to represent them at the General Convention will elect those additional Delegates in June 2024.

Members are also reminded that any existing Local vacancies should be addressed during these elections.

Local Secretaries and Secretary-Treasurers should take steps now to ensure their records reflect accurate membership listings and mailing addresses.

As per the constitution’s Article 21B, Section 57, nomination meetings must be held in October, with election tabulations conducted in November. Winning candidates generally will assume their offices on Jan. 1, 2024. Those filling a vacancy, however, take office immediately.

SMART Constitution Article 21B, Section 58, contemplates an installation ceremony for officers named in Article 21B, Section 56. Those elected officers who must present themselves at a regular or special meeting for installation within 60 days following their election include President, Vice President, Secretary, Treasurer (or Secretary-Treasurer), and Trustees. Section 58 does not apply to LCA committeepersons, Delegates, Alternate Delegates, Legislative Representatives or Alternate Legislative Representatives.

In most cases, candidates must garner a simple majority of valid votes cast to win election to a Transportation Division office. (A simple majority means more than half.) In the case of the Board of Trustees, winning candidates must obtain a majority of the ballots cast.

The process begins

For the Local’s Secretary or Secretary-Treasurer, the election process begins with an effort to update the membership roster, ensuring accurate addresses are on file for each member. Our constitution requires each member to keep the Local Secretary and Treasurer advised of their current home address. At the same time, U.S. Department of Labor regulations and the Labor-Management Reporting and Disclosure Act (LMRDA) require the Local to take steps to update addresses in advance of an election.

Members can update their address by contacting their Local Secretary, Secretary-Treasurer, or Treasurer, or can do so themselves using the SMART App.


The Local Secretary must post a notice at least 10 days in advance of the October nomination meeting indicating when and where nominations for affected positions will take place. The notice should include which positions are open for nominations, and should indicate how nominations can be made, especially by those who cannot attend the nomination meeting. Notices should be placed in as many locations as needed to ensure it can reasonably be concluded that all members had an opportunity to see the notices.

All Locals have been mailed instructional packets that include samples of the nomination notices which must be conspicuously posted where it can be reasonably calculated to inform all affected members. While nomination notices are not required by law to be mailed directly to all affected members, it is highly recommended that the postcards available for this purpose be obtained from our Supply Department and mailed to all members.

Nominations may be made by any member in good standing from the floor at the nomination meeting. Nominations do not require being seconded. Any member may self-nominate. If a member wishes to self-nominate or nominate someone else, but can’t attend the meeting, nominations can be entered through a petition. A nomination petition must state the name of the nominee, the position for which the member is being nominated, and must carry at least five signatures of members eligible to vote. No nominations can be accepted following the close of the nomination meeting. A nominee need not be in attendance at the nomination meeting for the nomination to be valid. Those currently in a position are NOT automatically renominated for that position.  Anyone wishing to be a candidate in an upcoming election must be nominated by petition or at a nomination meeting.

If only one member is nominated for a position, that member can be declared elected by acclamation.

Those in so-called E-49 status are eligible to run for office, but they cannot self-nominate or nominate others and they cannot vote. If elected, acceptance of pay from the company or the union creates a dues obligation.

In all cases, a notice of the election must be mailed to all members, including those in E-49 status (but not including retirees). If your Local is conducting its election by mail, the mailed ballots can serve as the required notice of election, but such ballots must be mailed at least 15 days in advance of the date of tabulation, and must be mailed to those in E-49 status. (The Tellers will determine on the day of tabulation whether a member is in E-49 status and his or her vote should be counted.) The Department of Labor does not count the day of mailing as part of that 15-day window, but it does count the day of tabulation.

Those conducting floor votes can obtain postcards notifying members of the time, date and place of the election from our Supply Department. These notices must be mailed at least 15 days in advance of the date of tabulation.


To be eligible to vote, all dues and assessments must be paid within the time frame specified by the constitution. Article 21B, Section 49, indicates dues are to be paid in advance, before the first day of the month in which they are due. Eligibility to make nominations or to be nominated is similar. This means, for example, for a nomination meeting in October, the nominator and the nominee must have paid all dues obligations prior to October 1. To vote in November, the voter must have paid all dues obligations prior to November 1.

More information

Members are encouraged to consult Article 21B of the SMART Constitution for information regarding elections. Unless an item within Article 21B directs you to a further stipulation outside of Article 21B, only the provisions found within Article 21B are applicable to Transportation Division elections. The local election process is addressed directly by Article 21B, Section 57.

Members can consult their Local officers to examine the election guidance material distributed by this office.


There are many provisions not covered by this article, including those which address candidates’ rights and permitted means of campaigning. Those with election questions are urged to call the Transportation Division office at (216) 228-9400 and follow the prompts for the President’s Department. It’s always easier to address issues in advance than after the fact.

SMART_CONSTITUTION_FINAL_11-11-2014_cover_webThe official SMART Constitution, as amended by SMART delegates at the first SMART General Convention, is now available on both the SMART website at and the Transportation Division website at

In January 2014, the SMART Sheet Metal and Transportation Division officers completed constitutional modifications required by the terms and conditions of the merger between the two predecessor organizations. That document incorporated the former UTU Constitution into the former SMWIA Constitution as Article 21B of the merged document. At that time, all conflicts between Article 21B and the remainder of the constitution were resolved in order to effectuate the merger.

Earlier this year, delegates to the Transportation Division convention proposed recommendations for amendments to the constitution. At the first SMART General Convention held Aug. 11-15, those amendments were debated and resolved.

The August proceedings in Las Vegas closed with a show of unity, cooperation and newfound strength.

Of significance to SMART’s Transportation Division membership, the amended constitution contained provisions for the addition of a second vice president to the division’s Bus Department and the addition of a member of the Aviation Department to the division’s board of appeals.

The Transportation Division’s board of directors selected former Alternate Vice President – Bus Calvin Studivant to serve as the division’s second bus vice president to serve the Bus Department’s growing membership.

A member of Local 759 at Newark, N.J., Studivant was born June 18, 1960. He served his country in the U.S. Army from 1982 to 1986. He has been employed at Community Coach Transportation in New Jersey since June 1993, where he served his local as both a general chairperson and delegate. He also served as a Transportation Division organizer.

To fill the vacant office of alternate vice president– bus, the board of directors elevated former board of appeals member Alvy Hughes to that position.

Hughes began his transportation career with Charlotte Transit in 1995. As a member of Local 1596 at Charlotte, N.C., Hughes has served as local vice president and as both secretary and general chairperson of General Committee of Adjustment GO TMM.

On Oct. 23, the Transportation Division’s board of directors selected Charlotte Transit GO TMD Vice General Chairperson Brenda H. Moore (1715) to fill the open bus position on the board of appeals.

The board also chose Great Lakes Airlines Local 40 (Denver) President John Nolan to fill the position of aviation representative to the board of appeals.

The complete constitution, as amended, can be viewed here.

As noted in a Jan. 14 post to this website, the sheet metal and transportation divisions of the International Association of Sheet Metal, Air, Rail and Transportation Workers have reached agreement on a SMART Constitution governing the entire organization.

Local delegates of the SMART Transportation Division will have the opportunity to propose amendments to Article 21B of the constitution – the former United Transportation Union’s Constitution – at the SMART Transportation Division’s 2014 convention.

In accordance with Article 21B, Section 13, at any time 120 days prior (March 2, 2014) to the Transportation Division convention, proposed amendments to the SMART Constitution’s Article 21B (which comprises the former UTU Constitution, as reconciled by the SMART merger agreement) may be submitted by any subordinate body of the Transportation Division or International officer listed in Article 21B, Section 2(A), of the SMART Constitution.

To view a letter from Transportation Division President John Previsich regarding submission of proposals to amend Article 21B, click here.

To view the SMART Constitution, click here.

(Proposed amendments must be received no later than March 2, 2014.)


We are pleased, as your general president and transportation division president, to present the first SMART Constitution and ritual to our membership. This is a milestone for both the former Sheet Metal Workers’ International Association and the United Transportation Union, that have merged to become the International Association of Sheet Metal, Air, Rail and Transportation Workers. While our merger has been complete for some time, this document solidifies this great union and its membership under a single constitution. It is impossible to speak to the success in completing this constitution without acknowledging both the hard work and the frustration of those who participated in the creation of the document and the membership who have waited patiently throughout this long and difficult process. The path has led both of us to take positions on interpretation of our separate constitutions and the merger agreement. In getting there, as would be expected of your leadership, we examined and debated every constitutional section thoroughly before agreement. At times, it required the help of an outside arbitrator to clarify a particular issue. While this slowed the process, it must be remembered the parties were tasked with blending 100 years of separate cultural and operational methods into a single constitution that would govern our organization. Throughout this process, both of us have recognized that, in the end, what matters is the importance of having a document that serves the best interests of all the membership of SMART. So, we are jointly resolved to move forward as an organization under one constitution and ritual, with a single focus. We, as your leadership, are dedicated to working collectively to provide a transparent and accountable organization that will strive to provide fair and reasoned representation to our membership and the efficiency of operation necessary to expand work opportunities for our members. To view the SMART Constitution, click here. To view a letter to all delegates attending the 2014 SMART Transportation Division Convention and First SMART International Convention, click here (This corrects and replaces the original posting from 1/14/2014.). To view questions and answers regarding the SMART Convention/Constitution, click here (03/18/14) Fraternally and in solidarity, nigro_signature     Joseph J. Nigro, General President previsich_sig_web John Previsich, President, Transportation Division  

Mike Futhey
Mike Futhey

At the conclusion of the SMART Transportation Division’s Boston regional meeting July 3, Transportation Division President Mike Futhey announced he will step down from office, pending resolution of arbitration proceedings regarding the union’s constitution.

In October 2011, Georgetown University law professor Michael H. Gottesman ruled the agreement to create the International Association of Sheet Metal, Air, Rail and Transportation (SMART) Workers by a merger of the United Transportation Union and the Sheet Metal Workers International Association was an enforceable agreement and the two unions have been working to complete the merger since that time.

The arbitration proceedings center around interpretations of various articles of the UTU’s Constitution as it is inserted into the SMWIA’s bylaws to complete a final SMART Constitution.

Gottesman is again serving as the arbitrator in the current proceedings.

During a town hall forum at the Boston regional meetings opening ceremonies July 1, Futhey said agreement had been reached with most of the SMART constitution articles, but that several disputes remain. He indicated he would remain in office through the arbitration process, developing the constitution language for the transportation division.

He said the union does not want to release portions of the constitution that have been agreed upon until a final document has been decided upon.

“The final document is not a final document until that arbitration decision is made,” Futhey said.

Under the articles of the current UTU Constitution, Assistant President and General Secretary & Treasurer John Previsich would be elevated to fulfill Futhey’s unexpired term as president of the SMART Transportation Division.

Futhey is the eighth president of the UTU, currently known as the SMART Transportation Division. He was elected president in August 2007 and assumed office Jan. 1, 2008. He was re-elected president in August 2011.