The House Committee on Transportation and Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials called a June 14 hearing to address rail safety. Pictured: Subcommittee Chair Donald M. Payne, Jr. (D-N.J.).

For House Rail Subcommittee, an Earful on Safety

“Examining Freight Rail Safety” was the theme of a June 14 hearing of the House Committee on Transportation and Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials. The aim: for members “to hear from government and stakeholder witnesses about the state of freight rail safety and issues pertinent to keeping rail operations, rail workers and communities safe.” Railway Age provides a roundup.

SMART-TD Agrees to ‘Advance Payments’ From CSX

CSX on April 19 reached what it’s calling a “tentative agreement” with the Sheet Metal, Air, Rail and Transportation Workers, Transportation Division (SMART-TD) to provide SMART-TD Trainmen and Yardmasters with “monthly advance payments on future wage adjustments anticipated in settlement of the 2020 round of national bargaining between rail labor and the Class I railroads.” CSX also said it “notified its other labor organization representatives that it intends to reach agreements to provide identical payments to all unionized employees.”

BLET, SMART-TD Seek Injunctions Against BNSF, Metra

The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) have filed motions for preliminary injunctions to halt BNSF’s and Metra’s vaccine mandates.

BLET, SMART-TD Challenge Amtrak on Vaccine Policy

The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) have filed suit against Amtrak over implementation of its COVID-19 vaccine policy.

BLET, SMART-TD Seek Injunctions Against NS

The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the SMART Transportation Division (SMART–TD) have each filed Motions for Preliminary Injunctions against Norfolk Southern in the United States District Court for the Northern District of Ohio, Eastern Division, “to stop the railroad from forcing locomotive engineers to work as conductors, and for disciplining those who don’t.”

Divided Union Support for CN-KCS Voting Trust

CN and Kansas City Southern (KCS) on June 23 cited four letters by rail labor filed with the Surface Transportation Board (STB) in support of their proposed voting trust. Three of those letters, from local general committees of the same union, contradict the international’s position.

SMART-TD on CPKC: Waiver OK, Keep Our Protections

SMART Transportation Division (SMART-TD) President Jeremy R. Ferguson has sent a letter to Canadian Pacific (CP) President and CEO Keith Creel stating that the union he runs generally supports what CP and Kansas City Southern (KCS) are seeking from the Surface Transportation Board for their merger.

Unions Petition FRA, DHS for Emergency Orders (UPDATED)

Leadership at the industry’s two largest operating-craft unions, the SMART-Transportation Division and the Brotherhood of Locomotive Engineers and Trainmen, have petitioned the Federal Railroad Administration to issue an Emergency Order regarding “the safety of all passenger rail crews and passengers.” The unions have also petitioned the Department of Homeland Security (DHS) to enact a “No-Ride List” on passenger railroads.

Commentary

SMART-TD’S Current Appeals Court Victory A Pyrrhic Win

A Pyrrhic win is a victory that inflicts such a devastating toll on the victor that it is equivalent to a defeat, because it takes a heavy toll that negates any true sense of achievement or damages long-term progress. The phrase originates from a quote from Pyrrhus of Epirus, whose triumph against the Romans in the Battle of Asculum in 279 BC destroyed much of his army and, while a tactical victory, forced the end of his campaign. If you examine it closely, the Aug. 28 U.S. Court of Appeals for the 5th Circuit vacating an injunction that forced Sheet Metal, Air, Rail Workers-Transportation Division (SMART-TD) General Committees to bargain over crew consist size and redeployment is a Pyrrhic victory for the union.

Union Touts Victory. Is It a Hollow One?

The U.S. Court of Appeals for the 5th Circuit, Judge Kurt D. Engelhardt presiding, on Aug. 28 issued its decision in BNSF et al v. SMART-TD (Case No. 20-10162) concerning crew consist size, vacating an injunction that forced Sheet Metal, Air, Rail Workers-Transportation Division (SMART-TD) General Committees to bargain over crew consist size and redeployment, despite the existence of moratoria that bar such negotiation. The National Railway Labor Conference (NRLC), which represents the carriers, while acknowledging the court’s decision, countered that the union’s objections are subject to arbitration, and as such bolster the railroads’ efforts to negotiate over crew size. One industry observer, who has been on both sides of the bargaining table, says SMART-TD leadership is not acting in the best interests of the membership they represent.

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