Progress Through Unity

Leadership statement on George Floyd, protests


Leadership statement on George Floyd, protests

 
Dear Sisters and Brothers,


Protests in both the United States and Canada have been used to focus upon racial justice in our communities. SMART stands united with those who are committed to peacefully work towards a racially just society that provides the freedom of opportunity to all.  

 
Many of our fellow citizens are hurting. We cannot be silent in the quest to achieve much-needed social change. We equally stand against those who uphold racism, bigotry and violence. Make no mistake, fighting racism is a labor issue. Bigotry and racism have been used to prevent working people from securing a voice in the workplace for the course of our existence. It is used to divide and conquer by pitting workers against each other. This cannot continue and we must focus on real change and for reforms that address issues of racial and economic inequality.
 
Over the course of this pandemic, there has been a shift toward caring and empathy. Together, we protect each other. We want you to know that you are my sisters and brothers, that you are my community, that you matter to me! We were moved by our brother, Pastor Paul, “The only reason to look down on someone is to give them a hand up.”
 
Through our strategic plan we continue our enhanced commitment for systematic change for women and people of color within the industries we represent through our actions and dedicated resources across the United States, Canada and our Labor Movement. We will continue this path and focus to bring about real change. We encourage all members, our industry partners and our communities to join in these efforts.  
 
One life lost is one life too many. Our deepest sympathies and heartbreak lie with the family of George Floyd as well as the many others whose lives were tragically cut short before him. We urge all to remember them through a peaceful struggle towards racial equality for all and we condemn those engaging in violence, the destruction of property and the loss of jobs.  
 
Early this week, the headquarters of the AFL-CIO was damaged during clashes in Washington, D.C. As AFL-CIO President Richard Trumka noted, “We will clean up the glass, sweep away the ashes and keep doing our part to bring a better day out of this hour of darkness and despair.”
 
“Our work and dedication to the prosperity and freedom for all working families will continue.”

Fraternally,

THE INVEST IN AMERICA ACT

SMART TD logo
June 3, 2020

All Members — SMART Transportation Division

Dear Brothers and Sisters:

Today, House Democrats released the text of a $500 billion five-year funding authorization bill that defines their vision for the future of transportation in America, as well as outlines their plans to refresh and renew the infrastructure of the nation’s surface transportation network.

The Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act is the result of countless hours of work by this Union on the Hill and in the halls of Congress. The INVEST in America Act reauthorizes funding set to expire Sept. 30, but more so, sets standards for safety, training, and transportation reform that have long been sought by the members of SMART Transportation Division including:

  • Two-Person Crews;
  • Operator Assault;
  • Yardmaster Hours of Service
  • a “Cross Border” fix.

Additionally, Amtrak would see its funding triple to $29 billion over the five-year period of the bill, allowing for expansion of national, state and regional routes and facility modernization. Funding for the Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program also would be increased to $7 billion to fund passenger and freight rail projects. Provisions for/or against the transportation of liquid natural gas (LNG) via rail tank cars, blocked railroad crossings, and excessive freight train length, among others, also have been included.

Our National Legislative Office has been hard at work in Washington, D.C., to convey our issues to both sides of the aisle in the U.S. House and Senate, and the provisions within this bill are the fruits of that labor.

Undoubtedly, House Democrats have heard our cries and have answered the call. By including our issues within the context of this bill, they have let America know that the only safe operation of a Class I freight train is with a two-person crew; that our bus drivers and operators have the right to a safe work environment; and that the public should be shielded from the risks that rail carriers will take in the name of greed.

But make no mistake, this bill still has a long road to travel and a lot of heavy-handed opposition standing before it in the Republican-controlled Senate. We will need all hands on deck to protect the provisions we have all fought so hard for to survive that journey.

I am asking you to please watch this bill as it moves through the legislative process and see who and what hurdles it faces. I’m asking you to please pay attention to the party affiliations of the individuals as the yeas and nays are registered when the bill is voted upon. And I am asking you to listen to the rhetoric and testimony that will affect its final appearance. Once the dust has settled, I will call on you to please support those who support you and your family’s well-being, and I firmly believe that picture will be crystal clear.

There are only two parties at the table. The Democrats wrote it into the bill, only the Republicans will take it out.

Fraternally yours,

Jeremy R. Ferguson

President – Transportation Division


ABOUT THE INVEST IN AMERICA ACT

Absentee Ballot Deadline is approaching

 
 
Dear Local 60 Member,
 
I hope that you and your family are safe and doing well during the COVID-19 pandemic. These are challenging times for members, yet safety must remain first and foremost. I also want to take this time to thank our New Jersey rail, transit and bus members for your service continuing to move essential passengers and freight. We are the people that keep New Jersey and America moving.

Elections are important to us also. Due to COVID-19, voting by mail in the July 7th primary is the safest (and best) way to vote; and there is still time to request an absentee ballot. Applications must be printed and mailed to your county election official. Check the ‘ALL FUTURE ELECTIONS’ box, and automatically have a ballot sent to your home for every future election.
 

Voting is a personal decision, so no matter which candidate you support or which party you choose; choose to vote in New Jersey’s July 7th primary. And finally, let’s be safe out there, whether at home, running essential errands or on the job!

In Solidarity,
Ron Sabol
New Jersey State Legislative Director
SMART Transportation Division

HEROES Relief Bill

 
 
On, Friday May 15th, the U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) by a vote of 208-199. The bill now heads to the U.S. Senate, where unfortunately Republican Senate Leader Mitch McConnell says that Congress needs to take a ‘pause’ on additional legislation to address the impacts of COVID-19.
 
“Transportation workers and their families can’t afford a pause. We can’t let perfect be the enemy of the good, and the HEROES Act is a good bill that provides immediate and additional relief to transportation workers and the industry that has been affected by the COVID-19 Pandemic” National Legislative Director Greg Hynes said. “This needed legislation includes a number of hard-fought provisions that will provide financial stability to thousands and thousands of members directly and indirectly impacted by COVID-19. There must be a vote in the U.S. Senate.”
 
HEROES Relief Bill Includes:
  • hazard pay of an additional $13/hour for all essential workers (rail and bus members included) retroactive to January 27. This is capped at $10,000 per member.
  • an additional $15.75 billion in transit assistance and requires funds to first be directed to payroll and service.
  • prohibiting employers from cutting pay or benefits from essential employees, retroactive to January 27 and good for 60 days after the national emergency ends.
  • enhanced railroad unemployment benefit of $1,200 per two-week period would be extended to the end of the year (beyond the current CARES Act)
  • the Railroad Retirement Board $4.5 million in additional grant funds to administer the railroad retirement benefits to decrease current caseloads.
  • additional relief checks up to $1,200 per person, $500 per child.

Here is where I need your help. This needed legislation is on ‘pause’ by Senator Mitch McConnell. And while the Senate leader has immense power as to which bills make it to the Senate calendar — if enough Senators demand a vote, a vote will occur. But this only happen if Senators hear from their constituents.

So please click here, and send your two Senators an email asking that a vote take place on the HEROES Act. We have provided you with a pre-drafted message for your convenience. And finally, while the country begins to reopen to business, please take every precaution and stay safe.

 
Fraternally,
Greg Hynes
National Legislative Director
SMART Transportation Division

COVID-19 NJ Work Environment Council Webinar

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Corporate Wide Directive (Masks)

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WORKERS MEMORIAL DAY 2020

Brothers and Sisters,

50 years ago Congress passed the Occupational Safety and Health Act, promising every worker the right to a safe job. Unions and our allies have fought hard to make that promise a reality. However, each year thousands of workers are killed and millions more suffer injury or illness because of their jobs.

Corporate interests have taken over safety agencies under Trump. The administration has weakened or repealed key protections that keep us safe at work and slashed safety budgets and staff. There has even been no action on critical safety and health protections against COVID-19.

The labor movement and allies are fighting back against these attacks. We will hold the Trump administration accountable and push forward to win stronger worker protections.

On April 28, the Hudson County Central Labor Council and the unions of the AFL-CIO will observe Workers Memorial Day to mourn the dead and fight like hell for the living. We will stand united against the ongoing attacks on worker’s rights and safety, and demand that elected officials put people over profits. We will not stop the fight until every worker has the right to a safe and healthy workplace.

In Solidarity,
President Kushnir
PS Please observe a moment of silence at NOON on April 28, 2020 to honor workers lost in the fight against COVID-19

Guaranteed approval for SMART-TD VDP coverage

SMART TD logo

New Guaranteed Approval Offering
for SMART-TD Long-Term Voluntary Disability Plan (VDP)

All previously declined members and future enrolled members of the SMART-TD Long-Term Voluntary Disability Plan (VDP) now have access to up to $1,000 of guaranteed approved coverage.

North Olmsted, Ohio (April 16, 2020) — In May 2019, the SMART Transportation Division rolled out a new Voluntary Disability Plan (VDP) to all dues-paying members living in the United States and working at least 20 hours per week. This plan, underwritten by Amalgamated Life Insurance Company, was subject to simplified medical underwriting, which led to some members not receiving medical qualification for this important coverage.

SMART leadership has been in negotiations with Amalgamated to resolve this issue, and the company has agreed to provide $1,000 of guaranteed approved coverage to all future enrollees, including those who previously had been medically denied coverage.

This enhancement to the SMART TD Long-Term Disability Plan (VDP) applies to all members who had applied previously and were denied coverage and to all future new enrolled members.

The following conditions will be made effective on Aug. 1, 2020:

  • Those enrolled members must currently be actively at work
  • Members who previously enrolled and were declined may find themselves in a new age group based on the new effective date of coverage. This will impact their premiums.

The $1,000 guaranteed approved benefit plan will have the following design:

  • $1,000/month maximum benefit
  • 180-day elimination period
  • 2-year maximum benefit duration
  • 12/12 pre-existing limitation (pre-existing condition clock will start Aug. 1, 2020)

For more information about the enhanced VDP plan or to enroll, visit www.smart-vltd.com or call the SMART-TD VDP Enrollment Center at 224-770-5328.

FRA Continues To Limit Its Response On Coronavirus Safety

FRA continues to limit its response on coronavirus safety

CLEVELAND, Ohio (April 15) — The Federal Railroad Administration (FRA) on April 10 denied requests submitted by labor Organizations which, if approved, would have provided critical protections for railroad employees during the ongoing national COVID-19 (coronavirus) pandemic, according to the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET).

“Although FRA believes that many safety precautions included in the Petitions could constitute best practices that should be applied in the railroad industry…” said FRA Administrator Ronald Batory in his response to the Organizations, “…FRA does not believe that an emergency order is justified.” Meanwhile, FRA is standing behind its decision to approve sweeping emergency relief requests submitted by rail carriers.

Previously, in an April 2 letter to SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce, FRA Administrator Batory defended his agency’s approval of a wide-ranging 60-day waiver that suspends or delays scores of critical safety regulations. Yet, nowhere in his letter did Administrator Batory even acknowledge receipt of the unions’ separate requests for Emergency Orders for freight rail service and for passenger/commuter rail service — which were filed jointly by the two unions before the railroads filed their waiver petitions. A copy of his letter is available here (PDF).

In late March, the FRA granted a sweeping petition for a 60-day waiver of scores of critical safety regulations. On March 31, the unions called the waiver “alarming” and demanded clarification from the FRA.

“In their Emergency Relief requests, the carriers placed a strong emphasis on claims that manpower shortages either exist, or may exist, regardless of the fact that thousands of rail employees remain in furlough status,” SMART-TD President Ferguson said. “The FRA’s decision to issue waivers based on these bogus claims is disturbing, especially when the waivers apply to territorial qualifications, hours of service, and scope rules for certain crafts. It’s time to begin recalling furloughed employees and preparing for a worst-case scenario, rather than jeopardizing the safety of our crews, their households, and our communities.”

“It appears that the FRA has done nothing more than rubber-stamp a wish list from the rail carriers, absolving them from enforcing critical safety rules,” BLET President Pierce said. “Regardless of how Administrator Batory now describes FRA’s waiver, it has given a carte blanche invitation to the industry to ignore rules, and it will have a substantial chilling effect on safety if fully applied.”

The FRA has yet to mandate safety protocols to protect the health of railroad workers amid the national COVID-19 (coronavirus) outbreak. In letters dated March 6 and March 20, SMART-TD and the BLET urged the FRA to issue an Emergency Order implementing Centers for Disease Control and Prevention (CDC) guidelines to help mitigate the potential spread of the coronavirus among rail workers. In his April 10 response, FRA Administrator Batory acknowledges that his administration is authorized to issue Emergency Orders when an “unsafe condition or practice, or combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment.” Nonetheless, Batory goes on to advise “…[COVID-19] challenges are not unique to the railroad industry, and thus not the type of rail safety issue where FRA would typically exercise its emergency order authority….” Rather than grant the Organizations’ requests for an Emergency Order, FRA published a Safety Advisory recommending that the railroads develop and implement practices consistent with Federal recommendations and CDC and OSHA guidelines.

“Over the centuries, our nation’s railroads have proven to us time and time again that they are incapable of responsible self-regulation,” President Ferguson said. “The FRA’s Safety Advisory is merely a recommendation to the railroads to provide our members the safe and sanitary working environment that they and their families deserve. This does not inspire confidence that the railroads will actually comply with these guidelines as written, and it will apparently now be up to us as labor to hold them accountable to those standards.”

“This Administration’s refusal to regulate worker safety stands in stark contrast to its actions to appease the railroad industry,” President Pierce said. “On a daily basis, railroad crews are being subjected to conditions that violate the CDC’s best practices for social distancing, sanitation, and cleanliness, and they are not provided the necessary tools to keep themselves safe, such as sanitizers, disinfectants and personal protective equipment. Our members put their lives on the line every day when they go to work, and the FRA must do more to protect their lives and their livelihoods.”

Governor Murphy Signs Executive Order to Implement Additional Mitigation Requirements on NJ TRANSIT, Private Carriers, and Restaurants to Limit the Spread of COVID-19

 

04/11/2020

TRENTON — Governor Phil Murphy today signed Executive Order No. 125, imposing additional mitigation requirements on NJ TRANSIT and all private carriers to limit the spread of COVID-19. The order also outlines specific policies on restaurants that have remained open for takeout orders.

“We must continue our commitment to do everything we can to flatten the curve and defeat this virus,” said Governor Murphy.  “With these additional requirements, we are aggressively reducing the spread of the virus to protect New Jersey residents.” 

“We are grateful Governor Murphy is adding extra authority and enforcement to the personal protective equipment policies NJ TRANSIT has implemented in recent weeks for the protection of our employees and customers,” said NJ TRANSIT President and CEO Kevin Corbett. “Our bus, train, light rail and Access Link paratransit service is vital to ensuring essential personnel can continue to get to their jobs and back home again, and Governor Murphy’s executive order strengthens the tools we have to do this as safely as possible during the COVID-19 pandemic.” 

Governor Murphy’s executive order directs the following, effective on Monday, April 13th at 8:00 p.m.:  

1. NJ TRANSIT must adopt the following policies:

  • NJ TRANSIT workers may limit occupancy by passengers at 50% of the stated maximum vehicle capacity on all trains, buses and light rail lines in accordance with any guidelines instituted by NJ TRANSIT operational divisions;
  • Require infection control practices, such as coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Arrange for contactless pay options across all modes of transportation wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;
  • Arrange for back door entry on buses wherever feasible, and take seats out of service near the bus operator to allow for proper social distancing from the bus operator wherever feasible;
  • Require frequent sanitization of high-touch areas in stations, like restrooms, waiting areas, credit card machines, and keypads;
  • Place conspicuous signage at stations and throughout train cars, buses and light rail vehicles alerting workers and customers to the required six feet of physical distance;
  • Require workers and customers to wear cloth face coverings while on trains, buses and light rail vehicles except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers. NJ TRANSIT must provide, at its expense, such face coverings and gloves for their workers, to the extent supplies are available.  If a customer refuses to wear a cloth face covering for non-medical reasons, then NJ TRANSIT workers may decline entry to the individual, and NJ TRANSIT operational divisions will institute guidelines to operators on this issue.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if NJ TRANSIT is otherwise required to provide such worker with more protective equipment due to the nature of the work involved.  Where an individual declines to wear a face covering due to a medical condition that inhibits such usage, neither NJ TRANSIT nor any of its workers shall require the individual to produce medical documentation verifying the stated condition. 


2. There are three different categories of private carrier companies covered by the Order: (i) Private Carriers, who NJ TRANSIT has entered into contracts with for the provision of bus and light rail service, (ii) Unaffiliated Private Carriers, who run their own lines of bus service, and (iii) Paratransit Private Carriers, who NJ TRANSIT has entered into contracts with for the provision of Access Link paratransit service. These carriers must adopt the following policies, although there are slight variations for each category of carrier in the Order and carriers should review the text of the Order to ensure they are in compliance:

  • Workers may limit occupancy by passengers at 50% of the stated maximum vehicle capacity on all bus and light rail lines and Access Link vehicles that these carriers operate in accordance with any guidelines instituted by the carriers, and where applicable, in consultation with NJ TRANSIT operational divisions;
  • Require infection control practices, such as coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Arrange for contactless pay options across all modes of transportation that the carriers operate wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;
  • Arrange for back door entry on buses wherever feasible, and take seats out of service near the bus operator to allow for proper social distancing from the bus operator wherever feasible;
  • Place conspicuous signage throughout buses, light rail and Access Link vehicles, if applicable, alerting workers and customers to the required six feet of physical distance;
  • Require workers and customers to wear cloth face coverings while on buses, light rail and Access Link vehicles except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers. These carriers must provide, at their expense, such face coverings and gloves for their workers, to the extent supplies are available.  If a customer refuses to wear a cloth face covering for non-medical reasons, then workers for these carriers may decline entry to the individual, and where applicable, the carriers will consult with NJ TRANSIT operational divisions to institute guidelines to operators on this issue.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the carriers are otherwise required to provide such worker with more protective equipment due to the nature of the work involved.  Where an individual declines to wear a face covering due to a medical condition that inhibits such usage, neither the carriers nor any of their workers shall require the individual to produce medical documentation verifying the stated condition.

 

3. Restaurants, cafeterias, food courts, bars, etc. that are still permitted to operate must adopt policies that contain the following provisions:

  • Limit occupancy at 10% of the stated maximum capacity, wherever feasible, at one time;
  • Ensure six feet of distance between workers and customers, except at the moment of payment and/or exchange of goods;
  • Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Provide employees break time for repeated handwashing throughout the workday;
  • Arrange for contactless pay, pickup, and/or delivery options wherever feasible;
  • Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to staff;
  • Require frequent sanitization of high-touch areas like credit card machines, keypads, and counters;
  • Place conspicuous signage at entrances and throughout the food business, if applicable, alerting staff and customers to the required six feet of physical distance;
  • Require workers to wear cloth face coverings and gloves while on the premises, except where doing so would inhibit that worker’s health, and require workers to wear gloves when in contact with customers or goods. Businesses must provide, at their expense, such face coverings and gloves for their employees.  Customers that enter the food business will similarly be required to wear cloth face coverings, except where doing so would inhibit that individual’s health or where the individual is under the age of two, but will not be required to wear such covering when receiving a delivery or when picking up goods outside of the food business.  If a worker or customer refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the food business at the point of entry, then the food business must decline entry to the individual. Such food business should, however, arrange for delivery, curbside pick-up or alternative arrangements wherever possible.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the business is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering inside the food business due to a medical condition that inhibits such usage, neither the food business nor its staff shall require the individual to produce medical documentation verifying the stated condition.

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