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S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

Transportation Division NewsVolume 50 • Number 5/6 • June/July 2018

l AROUND SMART TD: A Local1263 officer and the spouse of aLocal 1031 member win their elections in Georgia, Page 2.

l SAFETY BILL: Legislation is intro-duced that extends protections topassenger rail crews, Page 3.

l MEMBERS ACHIEVE SAFETYAWARD: Local 1785 gets Big BlueBus a national award, Page 4.

l PRESIDENTS’ MESSAGES: Thelatest from our union’s leadership,Pages 4, 5.

l STATE WATCH: Legislative directors continue fighting to improve laws, Page 5.

l PRODUCT WARNING ISSUED:Members are cautioned to avoidCBD products, which could trigger a positive drug test, 2.

Inside this issue of SMART TD News

International Association of Sheet Metal, Air, Rail and Transportation Workers

In this photo, courtesy of Roger Richardson of the BLET, Darris Moore of Local 60 splits a pair of defenders while trying to shoot a layup for Newark on April 14.

Sheldon Brown, left, and Jeremiah Rivers of Local 60 have some fun on April 14 during Hoboken’s 62-51win over fellow New Jersey Transit conductors that raised money for the Covenant House, a Newark shelterfor homeless teenagers. Photo is courtesy Roger Richardson of the BLET.

SMART Army members take action

Comments on crewlesstrains aresubmittedto FRA

SMART TransportationDivision President JohnPrevisich submitted com-ments May 7 in response toa Federal Railroad Adminis-tration (FRA) request forcomment on autonomoustrains.

“Safety must be first andforemost when discussingthe future of automation ofour nation’s railroads,” Pre-visich wrote. “It would beunethical and would violatethe mandate of Congress to

Newark, N.J.New Jersey Transit conductors and

assistant conductors squared off in abasketball game April 14 at the JFKRec Center in Newark, N.J., as partof the SMART Army Month of Com-munity Action.

Players from Hoboken prevailed,62-51, in their third yearly gameagainst Newark, said Scott F. Spratt,secretary of LCA-610 (New JerseyTransit — New York Division).

Proceeds from the game, organizedby Brother Elijah Ingram of Local 60,benefited Covenant House, a shelterin Newark for homeless teens.SMART Army Transportation Divisionand Sheet Metal members partici-pated in the first Month of CommunityAction all around the U.S. in April.

For more coverage, see Page 3.

Continued on Page 6

Lesniewskiretires;Leonardelevated

John Lesniewski, vicepresident and successorpresident of the Transporta-tion Divisionof the Inter-national As-sociation ofSheet MetalAir, Rail andTransporta-tion Work-ers, hasretired, effective July 1, 2018.

Lesniewski, a member ofChicago Local 1534, started

Continued on Page 10

Lesniewski

We’re looking for photo submissions from SMART TD members and alumni ofbuses, light rail, planes or trains for the 2019 alumni calendar. Email yourhigh-resolution horizontal photos to [email protected] or by mailto the TD office along with details about the photo. If your pic is chosen,you get copies of the alumni calendar to share. The deadline is Sept.28! Be sure to observe all rules and regulations regarding photography on your property.

Around the SMART TD

www.smart-union.org/td • www.utuia.org

June/July 2018 SMART TD News

Local 1245, Atlanta, Ga.

Georgia State Legislative Director Matt Campbellreports that Local 1245 recently held a town hallmeeting where members and family discussed FELA,

UTUIA benefits, legislative and contractual issues. Local Trustee Derek Jackson won a cooler for sign-

ing up for UTU PAC.

Pictured from left (front row): James Bonds, Jenelle Bonds, Alanna Taylor, Trustee Felicia Jones, Trustee Derek Jackson and Caryn Haire; (middlerow) Shyrod Beasley, Victoria Crump (511) and Eutha Crump; (back row) GO 898 Assistant Chairperson Jason Roberts, Local Chairperson KevinCarter, General Chairperson Thomas Gholson, Local Chairperson Michael Williams, UTUIA Field Supervisor Steve White, Georgia State LegislativeDirector Matt Campbell, Brian Shoates (1261), Local Chairperson Daven Trout, Local 1261 Trustee Linda Mosley, Tuesday Williams, Zakiyyah Miller,Local President Horace Miller, Vice Local Chairperson Kelvin Hill, Local Vice President Marshall Laster and Lamar Richardson II (511). Not pictured:Secretary & Treasurer Lorenzo Haire.

Local 1704 Secretary and Treas-urer Tonya Stokes reports thatmember Sharon Barr lost every-thing in a fire this spring.

Stokes is asking that membershelp their union sister out in her timeof need. Monetary donations can besent to the local, where they will bedistributed to Barr, since she wasdisplaced from her home in KansasCity, Mo.

Checks should be made out toSharon Barr and mailed to SMARTTD Local 1704, 4047 Bales Ave.,Kansas City, MO 64130.

Local 1704 represents bus opera-tors employed by First Student Inc.

Local 1704, Kansas City, Mo.

Jeff Nichols, the local’s legisla-tive representative and a BNSFconductor, was able to catch U.S.Sen. Claire McCaskill (D – Mo.)right before dinner during theDem Days event in Springfield toget an event picture with the sen-ator. He also passed her a letterdetailing the importance ofS.2360, the national two-personcrew legislation, and asked her tolook at it when she had the op-portunity.

“She claims to still remember‘the train guy,’ ” said Nichols, whohad blown a train horn at the sen-ator in a previous encounter (seemore on Page 3). “So hopefullythat will get it a read. She didn’tpass it off to an aide or anything,and I saw her put it in her purse.Fingers crossed.”

Local 303, Springfield, Mo.

Lisa Ring, the wife of SMART TD Local 1031 mem-ber John Ring, won her Democratic primary electionwith a huge victory, earning 68 percent of the vote.Lisa now advances into the general election to faceoff against U.S. Rep. Buddy Carter (R - Dist. 1) inNovember.

Local 1031, Savannah, Ga.

U.S. Sen. Claire McCaskill (D - Mo.) poses for aphoto with Local 303’s Legislative RepresentativeJeff Nichols at the Dem Days event in Springfield,Mo.

Lisa Ring

SMART TD Local1263 President,Legislative Repre-sentative and LocalChairpersonPatrick Folsomwon his electionMay 22 and willserve as. BrooksCounty, Ga.’s Dis-trict 2 county com-missioner.

The victor in therace needed to getat least 51 percentof the vote in orderto avoid a runoffelection, and Folsom won the three-way racewith 54 percent of the vote, said Georgia StateLegislative Director Matt Campbell.

“There are no better public servants thanunion members because we believe in helpingour fellow people, and that is what public serviceis all about,” Campbell said. “Way to go, Patrick!"

Wes Wohl, past localpresident and Local 1582Adirondack Trailways Com-mittee member, got his 2-million-mile safety awardMay 15. GC Russell S.Gaillard received a million-mile safety award.

Local 1582, Albany, N.Y.

Local 1263, Valdosta, Ga.

SMART TD B&O General Com-mittee of Adjustment GO 049 hasannounced that its general emailaddress has changed [email protected].

GO 049, CSX (former B&O)

Take a shot to get in the TD calendar!

Patrick Folsom, standing, partici-pates in a debate during his suc-cessful campaign for county com-missioner in Brooks County, Ga.

Wohl

Local 1422, Los Angeles, Calif.

Robert Resendez Jr. of Local 1422, who served on theSMART Transportation Division Executive Board, has retiredafter 44 years of service, says Local Chairperson EdwardCampos. A retirement party was held Feb. 17 in AnaheimHills, Calif., for Resendez, who also served as a local chair-person, local trustee and as an alternate to the executiveboard. Among the many attendees at Resendez’s party wasformer SMART TD President Mike Futhey.

Resendez hired out in May 1973 as a switchman withUnion Pacific before becoming an engineer in 1980. SMARTTD wishes him well in his retirement.

Crewe, Va.SMART Transportation Di-

vision members in southwestVirginia helped the Crewe,Va., Little League put on amemorable opening day forlocal players April 6 as part ofthe SMART Army’s Month ofCommunity Action. After theopening ceremonies, SMARTArmy members hosted ascreening of the movie “TheSandlot” for local families.

SMART TD Virginia StateLegislative Director RonnieHobbs, who volunteered inthe effort, recalled an en-counter he had at the cere-

mony.“One of the kids walked up

to me with his mother,” hesaid. “She said, ‘Excuse me,railroad man — this is thebest opening day we’ve ever

had here. This was likeChristmas for these kids.

“Just to see parents’ andkids’ smiles — it made thedrive worth it. This was agreat day.”



Continued from Page 1

SMART Army members take action nationwide

Members from SMART TD Local 303 andSheet Metal Local 36, both in Springfield,Mo., co-hosted a hospitality room and infor-mational booth at the Greene County Demo-cratic Central Committee’s “Dem Days of theOzarks” on April 6 as part of their SMARTArmy Month of Community Action effort. Sev-eral political office holders and candidateswere in attendance to discuss issues and the2018 midterms. The booth had information onthe current “Right to Work” Prop A vote com-ing this fall in Missouri, national two-personcrew legislation and the dangers of gradecrossings and trespassing on rail property.

Several policy-oriented sessions April 7 in-cluded presentations on labor issues and theupcoming statewide vote on Prop A, whichwas chaired by Lexi Amos from Jobs withJustice nonprofit, and Local 303’s LegislativeRepresentative Jeff Nichols.

The gathering was capped at the annualGCDCC banquet featuring keynote speakerJosh Earnest, press secretary for the Obamaadministration from 2014-2017. U.S. Sen.

Claire McCaskill (D - Mo.) and Missouri Audi-tor Nicole Galloway (D) also spoke.

“It’s so important to be involved in theseevents and to stay in contact with our legisla-tors at all levels. When they see you atevents, in the capitols or out and about andyou engage them, it helps to keep our issuesfresh,” Nichols said. “In 2012, when Sen. Mc-Caskill was running for re-election, wepassed her and her group while they werevisiting a local industry next to our mainline.We blew the whistle and I gave them a bigwave. The following week she spoke at thelocal VFW, and I introduced myself as the LRfor SMART 303 and she asked what my jobwas with the railroad. I said that I was a con-ductor and that I was on the train that whis-tled them the week prior. She immediatelyintroduced me to the members of her staffthat were there as ‘the train guy’ from lastweek. Now when we see each other atevents, she recognizes me from that day. Youcouldn’t ask for a better chance encounterlike that, but it sure opened a door.”

From left are Jim Tyson of SM Local 36; Brad Slaughter of Local 303; Missouri State Legislative Director Jason Hayden;Billy Elbert of Local 303; Doug Piant of SM Local 36; and Legislative Representative Jeff Nichols, Jason Newberry andLocal President Tim Latham, all of Local 303.

As a result of the contin-ued increase in claims vol-ume and associated costs,the SMART TransportationDivision Discipline IncomeProtection Program (DIPP)is increasing its monthlyassessments from 81cents to 96 cents per $1 ofdaily benefits, effectiveJuly 1, 2018.

Members may elect toreduce their benefit level orcancel coverage at anytime by submitting the ap-propriate form to SMARTTD. If a member choosesto keep his or her cover-age as it is, the currentbenefit level will remain in

place, and members whopay their monthly assess-ments by payroll deductionwill have the highermonthly assessments au-tomatically deducted fromtheir paychecks.

DIPP trustees areSMART General PresidentJoseph Sellers Jr.,SMART General Secre-tary-Treasurer Richard L.McClees and SMART TDPresident John Previsich.

A chart showing the newschedule of benefits andadditional informationabout SMART TD DIPP isavailable at www.smart-union.org/td/dipp.

New monthly assessmentlevels are set for DIPP

Greene County, Mo.

Around the SMART TD continued...

General and Local Chair-person Bernard Norwoodreports that on April 16, the2018 FRA ConfidentialClose Call Reporting Sys-tem (C3RS) User GroupWorkshop was held inScranton, Pa., at theSteamtown National His-toric Site.

Peer Review Team(PRT) members fromSEPTA, New Jersey Tran-sit, Metro-North, Long Is-land Rail Road, Metra andStrasburg Railroad allgathered for a meet andgreet at PJ’s in the Hiltonhotel. Representatives

from FRA Human Perform-ance Division were on site.

Each PRT presented aslide show of their workand accomplishments fromthe previous year. Informa-tion and questions wereshared during and aftereach PRT’s presentation.

“This was SEPTA’s firstyear participating in theC3RS User Group Work-shop. It was a very goodexperience for the groupand we learned a lot ofvaluable information tocarry back to our entiregroup,” Norwood said.

Local 61, Philadelphia, Pa.

Pictured here, fromleft, are Vice Gen-eral ChairpersonMike Stevens,FRA’s Human Per-formance ProgramDirector Rob Cas-tiglione, Norwoodand FRA’s HumanPerformance Pro-gram SpecialistBrian Riley.

Bill introduced to protect passenger crews

On the one-year anniver-sary of the shooting ofAmtrak conductor MichaelCase in Naperville, Ill.,U.S. Sen. Tammy Duck-worth (D – Ill.) introducedS. 2861 — The PassengerRail Crew Protection ParityAct — a bill that wouldmake it a felony to assaultor intimidate passengerrail crewmembers. U.S.Sen. John Hoeven (R –N.D.) has signed on as a co-sponsor of the bill.

“The senseless shootingin 2017 of Michael Case, a

SMART TD brother out ofLocal 1525, that inspiredthe senators to craft thisbill is just one example ofthe crime against railcrewmembers that hap-pens all too often,”SMART TD PresidentJohn Previsich said.“Making such incidentsfelony-level offensesthroughout the U.S. wouldbe a step in making ournation’s rails a safer placeto work and travel.”

Continued on Page 7

Every working personhas the fundamental rightto come home from workeach day, safe and sound.

Safety is at the heart ofthe modern labor move-ment. Working women andmen want not only to earndecent wages and benefitsthat provide for their fami-lies, but to have a safeworkplace so they canenjoy their families, com-munity and live on the fruitsof their labor.

Safety issues are ever-present for SMART mem-bers, in the transportationindustry and across eachsector of our SMART mem-bership.

Our union is leading theway in support of the BusOperator and PedestrianProtection Act, introducedin the House by U.S. Rep.Grace F. Napolitano (D -

Calif.), and U.S. Rep. JohnKatko (R – N.Y.).

Assaults on bus and tran-sit operators occur daily,threatening the safety ofworking members and theriding public. Every daythere is more news of inci-dents where unruly pas-sengers have spit on,threatened, beaten,stabbed or even shot someof our brothers and sisterswhile they are just doingtheir jobs. Equality in safety

The act is nothing more

than common sense — thesame treatment for ourmembers as for workers inother modes of transporta-tion.

Since 9/11, we protectairline pilots behind strong,locked cockpit doors, andtaxicabs feature a partitionto protect drivers from bel-ligerent passengers.

We deserve no less, yetour members are exposedto the general public and tothe risk of harm. The newlegislation supportsresponses including physi-cal barriers, better visibilityand situational training inhow to de-escalate conflict.

Members on national rail-ways face these threats.Brother Michael Case fromSMART TD Local 1525spent 10 weeks in the hos-pital after being shot in May2017. It is one of 73 record-

ed cases of assault onAmtrak employees since2015. A year later, BrotherCase is still recovering.

In response, we haveworked with U.S. SenatorsTammy Duckworth (D – Ill.)and John Hoeven (R -N.D.) to craft the Passen-ger Rail Crew ProtectionParity Act, which wouldmake it a felony to assaultor intimidate passenger railcrewmembers. It will there-fore help in securing mem-bers involved in the trans-port of our nation’s passen-gers.How you can help

Text the word SAFETY to21333* to take part in ourcampaign in support of busand transit operator safety.Once you take that simpleaction, you will be asked tohelp your union brothersand sisters by contacting

your legislators in supportof the Rail Crew ProtectionParity Act as well. (*Mes-sage and data rates mayapply.)

SMART TD membersserve as a vital part of ournation’s transportationinfrastructure. Whateverthe work might be, safety isparamount — and it is non-negotiable.

Again, join our campaignto pass this legislation. Textthe word SAFETY to 21333to join our effort. In themeantime, do your part thiselection year to elect thosewho will respect our safetyby ensuring it is protected.



Bus Department NewsA message from your Bus Department leadership

Dear SMART TD bus members,

Your Bus Department leader-ship has completed its firstround of workshops at theSeattle Regional Meeting andis looking forward to all thetraining exercises in our busworkshops with some excitingtraining planned, and we hopethat you attend and share thetraining experience with yourco-workers. Also on tap is infor-mation and updates on au-tonomous commercial motorvehicles (CMVs).

In March, San Ramon, Calif.,debuted its first autonomousbus on public roads. By 2020,California is aiming for 100 dri-verless public vehicles to oc-cupy their transit systems. Isthis being done to have a fewautomated bus routes to assistin the overflow or is this theend for human beings behindthe wheel?

Autonomous buses will havesome long-range conse-quences for our union and ourdrivers. According to a reportby Goldman Sachs in 2014, thedriverless option will severelyimpact about 1 million jobs inthe transit industry. We must

ask ourselves:Are we facedwith becomingan IT industryrather than apeople-cen-tered industry?

Our brothersand sisters are

there to offer comfort and com-passion when communities arehit by a crisis such as fires,floods and other natural disas-ters. I’m not sure where thatcompassion would come fromon a driverless bus.

The SMART TD Bus Depart-ment will also continue our pur-suit to make sure our membersremain safe while performingtheir duties as we discuss oper-ator assault and how SMART isleading the way on this all-too-important issue.

Lastly, there is a survey thatour National Legislative Depart-ment has put out and I ask thatyou please participate so thatwe can address your concerns.

I remain in solidarity,Calvin Studivant SMART TD Bus Vice [email protected]

Studivant

Joseph Sellers Jr.SMART General President

[email protected]

Richard L. McCleesSMART General Secretary-Treasurer

[email protected]

Contact us: [email protected]: 216-228-9400 Fax: 216-228-5755

S H E E T M E T A L | A I R | R A I L | T R A N S P O R T A T I O N

T R A N S P O R T A T I O N D I V I S I O N

By JosephSellers Jr.

Safety is essential for us — everywhere we go

Be safe and thank you,

Joseph Sellers Jr.General President, SMART

SMART GENERAL PRESIDENT’S COLUMN

John PrevisichSMART Transportation Division President

[email protected] Risch

SMART Transportation Division National Legislative Director

[email protected]

Efforts of our SMART TransportationDivision members out of Local 1785helped Santa Monica, Calif.’s Big BlueBus (BBB) receive a 2018 Bus Safetyand Security Gold Award from theAmerican Public Transportation Associ-ation (APTA) in safety for transit agen-cies with more than 4 million but fewerthan 20 million passenger trips annu-ally.

The Gold Award honors organizationswith the best overall bus safety and se-curity program for all transit organiza-tions throughout the United States.Additionally, recipients play an integralpart in benchmarking successful pro-grams that can be adopted by otherpublic transit systems.

The carrier reports that it has steadilydecreased its preventable accident ratefrom 2.21 accidents per 100,000 milesin fiscal year (FY) 2015 to 1.83 acci-dents per 100,000 miles in FY 2017.The passenger injury rate also de-

creased from 1.89 injuries per 100,000miles in FY 2015 to .41 injuries per100,000 miles in FY 2017.

“I would like to thank every BBB staffmember for their contributions, espe-cially our motor coach operators whooperate our fleet of 200 buses in one ofthe most congested and challengingservice areas in the country. We haveinvested significant resources over thelast three years to launch a compre-hensive employee safety program thatprovides intensive training and retrain-ing programs for all BBB staff,” said EdKing, director of transit services.

The carrier also said it will use $18.3million in Federal Transit Administration(FTA) and California Proposition 1BBond funds to acquire new buses,some of which are already on its fleet.

Big Blue Bus operates 200 vehiclestransporting more than 54,000 cus-tomers daily across 58 square miles inthe Santa Monica/Los Angeles area.

Our members earn nationalsafety award for Big Blue Bus

A Big Blue Bus travels south down Fourth Street at the intersection with Colorado Avenue in Santa Moni-ca, Calif.

Kansas State Legislative DirectorTy Dragoo reported that the hardwork of his legislative board haspaid off with the Kansas Legislaturepassing and Republican Gov. JeffColyer signing the House Substitutefor SB 391.

The law signed May 16 estab-lishes the state’s Joint LegislativeTransportation Vision Task Force.

“We would like to take this oppor-tunity to thank all those legislatorswho supported this important step tobuilding a vision for transportation inKansas with labor at the table,” Dra-goo said. “We greatly appreciate theassistance of all of those that votedin favor to pass the task force legis-lation.”

The task force’s purpose is toevaluate the current condition of theKansas transportation system; so-licit local input on projects; evaluatecurrent uses of the state highwayfund; evaluate current transportationfunding and determine whetherfunding levels are sufficient for cur-rent and future needs; identify addi-tional necessary transportationprojects; make recommendationsregarding the needs of the state’stransportation system in the future;and make recommendations on thefuture structure of the state highwayfund as it relates to maintaining thestate’s infrastructure.

The bill also includes a list of or-

ganizations, including SMARTTransportation Division and theAFL-CIO, that will sit on the taskforce and help to formulate a 10-year plan for the state’s transporta-tion system.

“SMART TD looks forward tobeing a part of providing the taskforce with the critical informationthat they will need to build a visionfor the future of the infrastructuresystem in Kansas,” Dragoo said.“This is the first time in our board’shistory that our union will be recog-nized and enshrined in Kansasstatute as a stakeholder in trans-

portation planning for this state. “Brothers and sisters, that is not

by accident. That is our hard workpaying off.”

A PDF of the final version of thebill is available on the Kansas StateLegislature website (kslegislature.org).

Colyer also signed H.B. 2184 intolaw April 26, which increases work-place death benefits in the state.

The new law, which was backedby the Kansas State LegislativeBoard, increased the initial benefitreceived by the family of a de-ceased employee from $40,000 to

$60,000. After the initial payment,the act allows for dependents to re-ceive weekly payments, subject tominimum and maximum amountsthat are specified by law.

“Today was a great victory forlabor, and I am proud that SMARTTD was seen as instrumental inH.B. 2148’s passage,” Dragoo said.

Certain minimum and maximumbenefits payable for other individu-als wholly dependent upon a de-ceased employee’s earnings alsowere boosted. The maximum benefitwas increased from $18,500 to$100,000. In situations where a de-ceased employee leaves behindpersons who were partially depend-ent, the minimum benefit increasesfrom $2,500 to $25,000 and themaximum benefit also increasesfrom $18,500 to $100,000.

“Most Class I railroads have life in-surance policies as part of employ-ment benefits negotiated by laborand fall under FELA,” Dragoo said.

“However, this raises minimumamounts substantially to the newlevels in the act. It is important toknow that all our brothers and sis-ters in the labor movement, includ-ing all our Sheet Metal brothers andsisters, that don’t have these bene-fits will now have reasonable mini-mum benefits.”



State Watch News from SMART TD State Legislative Boards

State Watch continued on Page 9

Kansas SLD Ty Dragoo reports a pair of victories

Kansas Gov. Jeff Colyer shakes hands with Tara Mays, executive director of Economic Lifelines, aftersigning the House Substitute for SB 391 creating the Joint Legislative Transportation Vision TaskForce on May 16. The bearded man to Colyer’s right is Kansas State Legislative Director Ty Dragoo.

These comments are onbehalf of the TransportationDivision of the InternationalAssociation of Sheet Metal,Air, Rail and TransportationWorkers (“SMART”). TheSMART Transportation Di-vision, formerly the UnitedTransportation Union, is anorganization representingapproximately 125,000transportation employeeswith active rail membersworking in all operatingcrafts including engineers,conductors, trainmen,switchmen and yardmas-ters.

This is in response to theFRA requesting informationand comment on the futureof automation in the rail-road industry – FRA 2018-0027. General comments

As the FRA considers thefuture of rail automation itmust not forget its mandate

from Congress, “[i]n carry-ing out its duties, the Ad-ministration shall considerthe assignment and main-tenance of safety as thehighest priority, recognizingthe clear intent, encourage-ment, and dedication ofCongress to the further-ance of the highest degreeof safety in railroad trans-portation” 49 U.S.C. §103(c). As such, safetymust be first and foremostwhen discussing the futureof automation of our na-tion’s railroads. It would beunethical and would violatethe mandate of Congressto sacrifice safety for po-tential profits. With the

guiding principle of safetyin mind, SMART submitsthe following comments. Safety and security must beour number onepriority

As noted, safety must bethe highest priority whenconsidering the introductionof autonomous rail opera-tions in the United States.In considering issues of au-tomation in the Americanrail system, it is importantto examine: (1) the essen-tial job functions performedby humans that cannot bereplaced by automation, (2)automation in other coun-tries and distinguishingcharacteristics betweenthose nations and theUnited States, and (3) theever-present threat of hos-tile actors looking to inflictmayhem on our nation’srailroads.

Essential Job Functions ofHuman RailroadEmployees Cannotbe Automated

In valuing safety as thehighest priority, it is impor-tant to understand the es-sential roles that humanemployees play in the safeoperation of trains. Thereare countless essentialfunctions that humans per-form, using their perceptionand judgment that cannotbe replaced by automation,especially on America’svast rail system that coversan incredible geographicaland weather diversity.

Railroad crews are re-sponsible for detecting is-sues before they becomedangerous. They do so byinspecting trains in rollbyinspections and by walkingthe length of a train to de-termine if there are issues

with couplers, wheels,brakes, handholds, stepsand doors, etc. Employeesalso monitor track condi-tions, both in yards and onthe road, to check for mis-aligned switches, track ob-structions and weather-related damage. Finally,employees also observetraffic at crossings, includ-ing the speed at which ve-hicles are moving, in orderto determine whether it issafe to proceed at normalspeed or if there exists thepotential for a collision re-quiring immediate action.While responsible for theirown trains, rail crews alsoobserve other trains for anynoticeable defects, includ-ing shifted loads and me-chanical failures.

Additionally, it requirestwo employees to separatea train to open a blockedroad crossing and to make

By JohnPrevisich

Continued on Page 6

SMART TD issues response to FRA’s requestSMART TRANSPORTATION DIVISION PRESIDENT’S COLUMN



most federally required air-brake tests.

The above is a smallsampling of the duties ofrailroad crews that impactsafety and security. A moreexhaustive list is attachedto these comments. See At-tachment 1, List of Dutiesof Railroad Crews. (Editor’snote: This attachment isavailable on the TD websiteat https://smart-union.org/wp-content/uploads/2018/06/SMART_TD_FRA_2018_0027_-_Supplemental_Attachment.pdf). The inte-gration of autonomous op-eration should focus onsupporting these humanfunctions to increase safetyrather than replacing them.As explained in more detailbelow, humans cannot bereplaced by autonomousoperations in the perform-ance of many essentialfunctions. Autonomous operations in other countriesand American infrastructure

In its Request for Infor-mation, questions pertain-ing to both autonomousoperations in other coun-tries and infrastructurewere raised. SMART be-lieves that the two issuesgo hand-in-hand with safetyconsiderations.

All can agree that upgrad-ing our nation’s infrastruc-ture is of critical importancein America remaining aneconomic power and im-proving safety and ourquality of life. But the realityis that the United Stateslacks adequate infrastruc-ture to fully support our cur-rent rail operations, muchless autonomous trains. Inaddition to inadequate in-frastructure, the rail indus-try’s initial implementation

of train automation in theforms of Positive TrainControl (PTC), plus Leaderand Trip Optimizer hasadded to the complexitiesof operating trains. Thisputs additional strains onthe human crews that oper-ate these trains, whichwould be compounded fur-ther with automated opera-tions.

Trains in the UnitedStates are significantlylonger than in countrieswhere limited automatedoperations exist. Many U.S.trains stretch far more thantwo miles long, with someover three miles in length.This creates a number ofcomplications that are notpresent in other countries.For example, most railroadcrossings in the UnitedStates are “at grade,”meaning they are at streetlevel. Therefore, vehiclesare struck at a high rate,resulting in thousands ofcollisions and over 200deaths per year.1 Sinceroads are commonly builton section lines that areone mile apart, and trainsare usually longer than onemile, blocked crossings re-sult in limited access byemergency crews in theevent of a collision. Withouta conductor to pull the pinto separate rail cars at thecrossing and an engineerto move the train, access toaccidents is significantlyimpeded, resulting in adelay of life-saving care.Additionally, trains fre-quently derail or strike au-tomobiles in alreadydifficult-to-access areas.Care would be further de-layed if an employee had tobe transported to the acci-dent site in order to con-duct the above-describedfunctions. Any autonomousoperations would need toaccount for these deficien-cies, and the additional

strain such operations willput on local emergencypersonnel, resulting in pre-ventable loss of life due todelayed response times ataccidents.

In addition to issues pre-sented above, the exces-sive length of Americantrains results in significantlyheavier trains than seen inother countries with limitedautonomous operations. Asa result, trains in the U.S.suffer more equipment fail-ures and break-in-twos thatcannot be properly ad-dressed by an autonomousoperation. Humans areneeded on the scene to ad-dress these and other me-chanical failures thatrequire immediate action topotentially avert disaster. Humans play an essential role in thwarting hostileactors and terrorism

Railroads also are subjectto dangers that go beyondthe standard safety issuessuch as derailments andcollisions. Dangers like ter-rorist attacks and cyberat-tacks continue to loom, astrains are a prime target forhostile actors due to thepotential colossal damagethat can be inflicted. Hu-mans have the ability toperceive threats and takeaction in a manner that au-tonomous operations can-not. Where there is thepossibility of out-of-controltrains carrying thousands oftons of hazardous materi-als, it is critical that discus-sions regarding trainautomation address theseconcerns in a substantialway, or the threat to life andproperty would be signifi-cant.

Unfortunately, trains areprime targets for terroristsor other hostile actorsseeking to inflict massive

damage to both life andproperty. News reports arerife with reports of bothsuccessful and unsuccess-ful attacks on rail systems.The role of human engi-neers and conductors insuch incidents simply can-not be replaced by an auto-mated system. Forexample, in October of2017, an individual with al-legedly terroristic goals at-tempted to take control ofan Amtrak train and pulledthe emergency brakes.2

There the train’s conduc-tors helped to physicallysubdue the perpetrator be-fore any loss of life oc-curred. In the 2015 Thalystrain attack, a man wieldingan AK-47 opened fire on acrowded train.3 While theperpetrator was famouslyhalted by passengers on-board, witnesses statedthat the acts of the conduc-tor were heroic as well.4

While these are stark ex-amples, they clearly showthat a human presence canmean the difference be-tween life and death whenterrorists try to take lives.This is the world we live in,and when the developmentof autonomous rail systemsis considered, such storiesneed to remain at the fore-front of our thinking. Cyberattacks are a growing threat torailroads

In addition to traditionalterror attacks, cyber threatsgrow more prominent everyday. The response of auto-mated systems would beseverely limited in suchevents. An automated railsystem would be a primetarget for a cyber-attack, aspresent events have madeclear. For example, re-cently, the San FranciscoMunicipal TransportationAgency was subjected to aransomware attack where

hackers took control of anumber of devices and de-manded a ransom inreturn.5 While the hackersdid not take control of anyrail operations, the attackwas a stark wake-up re-garding potential new av-enues of disruption anddanger through attacks onrailroad computer systems.All systems that use a com-puter network are suscepti-ble to hacking, but in anautonomous rail operation,the results could becomecatastrophic. In the eventhackers are able to takecontrol of a fully au-tonomous hazardous mate-rial train, no human wouldbe present to manually in-tervene to stop a cata-clysmic event. With theincreasing frequency andseverity of reports regard-ing computer hacking, wethink any serious consider-ation of this technology isat the least premature untilsuch threats can be ad-dressed and foolproof pre-ventative measures can betaken to ensure safety. Workforce viabilityin an autonomousworld

FRA also asks for infor-mation regarding the im-pact automation may haveon workers. The automa-tion of train operations hasthe potential to cause theloss of tens of thousands ofgood-paying union jobsacross America. The poten-tial for the dislocation ofworkers in the event auto-mated rail operations be-come common practice isextreme. The effect of tech-nology on the workforcehas already been seen, asremote-control operationsin railroad yards have led tosubstantial job losses of lo-comotive engineers andyard switchmen. Automa-

Continued on Page 7

sacrifice safety for potential profits.”SMART TD’s comments:1. Safety and security must be our

No. 1 priority.2. Essential job functions of

human railroad employees cannotbe automated.

In addition, the condition of Ameri-ca’s infrastructure, the risk of cyber-attacks and the elimination of thehuman element of being able towatch and respond to possible safe-ty threats also should be weighed asautonomous technology is consid-ered, Previsich said.

“The functions of humancrewmembers can never be fullyautomated in a way that maintainssafety at its current level, let aloneincreases safety,” Previsich wrote.“In this industry, we are beset bychallenges from all sides, and it iscritical that at this juncture we takeall of these challenges into consider-ation when it comes to automation,so as to keep railroads moving effi-ciently, profitably, and most impor-tantly, safely.”

The full text of Previsich’s com-ments begins on Page 5.

In a second set of comments, alsosubmitted May 7, Previsich and

leaders from the American Train Dis-patchers Association, Brotherhoodof Locomotive Engineers and Train-men, Brotherhood of Railroad Sig-nalmen and Brotherhood of RailroadCarmen Division-TCU outlined theapproach they believe the industryshould take.

Automation is no substitute for thethe continuing and essential roleworkers play, the statement said.

“Unplanned events and the everchanging nature of events thatunfold in real time during a train’strip from beginning to end cannot beoverstressed,” the joint commentssaid. “Automation does well perform-

ing tasks that happen the same wayover and over. It does not do so well... with higher level reasoning.”

The 26-page joint submission wasco-signed by union leaders LeoMcCann, Dennis Pierce, W. DanPickett and Richard Johnson.

To read a PDF of the joint submis-sion, visit https://smart-union.org/wp-content/uploads/2018/05/Joint_Labor_Comments-0027-050718.pdf.

In all, FRA received more than3,300 comments about how it shouldapproach automation in the railindustry. The vast majority of theresponses were in opposition ofcrewless trains.


Comments on automation submitted by President Previsich in response to FRA request


The text of SMART TD’s response to the FRA’s request for comment on autonomous trains



tion is having a substantialimpact on the craft of yard-master as well. Unfetteredtrain automation would af-fect significantly more em-ployees and make thecommunities in which trainstravel through far more vul-nerable to all sorts of po-tential hazards. Add to thisthe potential automation intransit and the trucking in-dustry, and we will have avast loss of opportunity forpeople without college de-grees to secure a job thatpays a decent wage, fur-ther increasing income in-equality in our country. Regulatory issuesand implementa-tion hurdles

The FRA also inquired asto regulatory hurdles thatmay arise regarding au-tonomous operations. Itmust be noted that the cur-rent regulatory frameworkgoverning rail safety is pri-marily built around a two-person crew operatingtrains. These twocrewmembers interact con-stantly and double-checkevery decision that is madein the workplace. The regu-lations currently in placeare designed with this type

of operation in mind, andgovern matters such as airtests, cab communications,double-checking proce-dures, and cutting cross-ings, among a host of otherprocedures. In the eventautonomous operations be-come widespread, a com-plete rewrite of most, if notall, of these regulations willbe required. The samegoes for railroad operatingrules. They would need tobe significantly rewritten toaccount for automated op-erations. Any rewrite of fed-eral regulations must stillcomply with Congress’mandate regarding safetyas the number one priorityof the Federal Railroad Ad-ministration. Also, manyregulations have beenmandated by Congress,which would necessitatelegislative enactments.

Railroads have been re-ducing the size of crews fordecades, even when thosereductions lead directly toaccidents that could havebeen prevented with largerhuman crews. Being unableto self-regulate is the basisfor the entire federal codeof regulations that governsrailroads. As such, railroadscannot be trusted to self-regulate themselves whenit comes to the implementa-

tion of this technology, as arace to eliminate all paidpositions for the sake ofprofit could lead to cata-strophic results.

Even where new technol-ogy is regulated, railroadshave demonstrated an in-ability to comply. The per-formance-based PTC ruleis a good example of thesignificant shortcomings ofthe industry when it comesto the timely implementa-tion of safety technologymandated by the FRA. PTCsystems were mandated byCongress in 2008 to befully implemented by De-cember 31, 2015. Whenunable to implement thetechnology by said date,the railroads were grantedan extension by Congressto 2018-2020. As of thistime, less than 10 of the 37railroads required to installPTC have fully done so,with many lagging woefullybehind on meeting the ex-tended deadline.6 In addi-tion to the cost, one majorissue that has arisen is thedifficulty in integrating thePTC software into currentlyexisting programs. Railroadconductors and engineerswho have experience withPTC can attest that, evenwhen fully integrated, thePTC system does not work

perfectly, sometimes insti-tuting brake applicationsunexpectedly and withoutcause. Such technology isonly useful when it works,and when it does not, it canincrease danger where it isrelied on with no additionalsafeguards. The difficultyrailroads have had in imple-menting PTC technologyand the uneven results thathave so far been obtainedmust be considered whenexamining feasibility of au-tonomous operations. Conclusion

We thank you for the op-portunity to present ourcomments on behalf of our125,000 members. Again,we wish to reiterate thatsafety must be the numberone priority when consider-ing the integration of au-tonomous technology intothe current American rail-road system. The functionsof human crewmemberscan never be fully auto-mated in a way that main-tains safety at its currentlevel, let alone increasessafety. In this industry, weare beset by challengesfrom all sides, and it is criti-cal that at this juncture wetake all of these challengesinto consideration when itcomes to automation, so as

to keep railroads movingefficiently, profitably, andmost importantly, safely.

Thank you for the oppor-tunity to comment.


The text of SMART TD’s response to the FRA’s request for comment on autonomous trains

Case spent 10 weeks in the hospi-tal after being shot May 16, 2017,and his shooting is one of 73recorded cases of assault onAmtrak employees since 2015. Ayear later, Case said he is stillrecovering.

“I am working very hard to get mystrength, flexibility, endurance andmental health back to 100 percent. Ihave my struggles, but I count myblessings that I am alive,” Casesaid. “My family has been through alot this past year — we look forwardto better days ahead!”

Case’s shooting, as well as otherincidences of assault, inspiredDuckworth to propose the legisla-tion.

“No one in America should experi-ence what Amtrak conductorMichael Case endured while justdoing his job. We are all entitled towork in a safe environment, one thatis free from violence, harassmentand intimidation,” Duckworth said ina press release.

If passed, the bill would provide

the same protec-tions to passengerrail personnel as air-line crewmembers.Currently, anyassault on a railcrewmember fallsunder the laws ofthe local jurisdiction

where the crime occurs, leading toan inequality in justice for assaultvictims. This legislation levels theplaying field, and victims can expectto receive the same justice, no mat-ter where the crime happens, if thebill becomes law.

“This bipartisan legislation is wel-comed and overdue,” Previsichsaid. “SMART Transportation Divi-sion applauds Sen. Duckworth’sand Sen. Hoeven’s efforts to bringfederal protections of rail workers inline with those of the airline industry.We urge members of Congress tosupport this bill to bring crimesagainst railroaders under theumbrella of federal law.”

Case also supports the bill andsays it would help to protect his fel-low passenger rail workers.

“I pray that my co-workers NEVERhave to go through what my familyand I have endured this past year!”Case said. “A safe and secure envi-ronment will allow my co-workers tofocus on the task at hand — operateand administrate their equipment upand down the railroad safely.”

In the release from Duckworth’soffice, Illinois State LegislativeDirector Bob Guy also offered hissupport.

“Given the interstate nature ofpassenger rail, it only makes senseto provide the same federal protec-tions that aviation employees enjoyto employees in the passenger railindustry, and that’s just what thePassenger Rail Crew ProtectionParity Act would do. I want to thankSenators Duckworth and Hoeven fortheir commitment to rail safety andworking to provide our members thefederal protections they deserve,”he said.

S. 2861 has been referred to theU.S. Senate Committee on Com-merce, Science and Transportationof which Duckworth is a member.


Bill introduced to protect passenger rail crew members

John PrevisichPresident,

SMART Transportation Division

Notes:1 https://oli.org/about-us/news/collisions-casulties2 http://time.com/5089950/taylor-michael-wilson-supremacist-amtrak/ 3 https://www.theguardian.com/world/2015/aug/21/amsterdam-paris-train-gunman-france 4 http://www.lefigaro.fr/cinema/2015/08/24/0300220150824ARTFIG00083-thalys-jean-hugues-anglade-nuance-ses-pro-pos.php (French) 5 https://www.sfmta.com/blog/update-sfmta-ransomware-attack6 http://abcnews.go.com/Politics/railroads-meet-pos-itive-train-control-dead-lines-officials/story?id=53110861

Case

Matt Campbell, the Georgiastate legislative director, hasbeen elected toserve on theSMART Trans-portation Divi-sion ExecutiveBoard.

Campbell waselected April 24by the TD Boardof Directors tofill the vacancy created by theretirement of Robert Resendez(see Page 2).

“I am grateful for this opportu-nity to serve our membershipand proud to join this admirablegroup of leaders,” Campbellsaid.

Campbell, of Local 1031, hasbeen Georgia state legislativedirector since June 2012, andhas served as a local legislativerepresentative and local chair-person.

He joined SMART TD in March2001 as a conductor, is a mem-ber of the National Safety Teamand helps lead the SMART TDRail Safety Task Force.

Matt Campbell chosen to serve on ExecutiveBoard

Campbell

What’s new?All members and officers are invited to submit items to theSMART TD News. This is your publication, and we are here toget the word out. Email items to [email protected] andwe’ll be in touch!

Employers and employees coveredby the Railroad Retirement Act payhigher retirement taxes than thosecovered by the Social Security Act, sothat Railroad Retirement benefits re-main higher than Social Security ben-efits, especially for “career”employees who have 30 or moreyears of service.

The following questions and an-swers show the differences in Rail-road Retirement and Social Securitybenefits payable at the close of thefiscal year ending Sept. 30, 2017.They also show the differences in agerequirements and payroll taxes underthe two systems.

How do the average monthly Rail-road Retirement and Social Secu-rity benefits compare?

The average age annuity beingpaid by the Railroad RetirementBoard (RRB) at the end of fiscal year2017 to career rail employees was$3,415 a month, and for all retired railemployees, the average was $2,730.The average age retirementbenefit being paid under Social Secu-rity was over $1,370 a month. Spousebenefits averaged $1,010 a monthunder Railroad Retirement comparedto $695 under Social Security.

The Railroad Retirement Act alsoprovides supplemental Railroad Re-tirement annuities of between $23and $43 a month, which are payableto employees who retire directly fromthe rail industry with 25 or more yearsof service.

Are the benefits awarded to recentretirees generally greater than thebenefits payable to those who re-tired years ago?

Yes, because recent awards arebased on higher average earnings.Age annuities awarded to career rail-road employees retiring at the end offiscal year 2017 averaged about$4,030 a month, while monthly bene-fits awarded to workers retiring at fullretirement age under Social Securityaveraged nearly $1,855. If spousebenefits were added, the combinedbenefits for the employee and spousewould total $5,560 under RailroadRetirement coverage, compared to$2,780 under Social Security.

How much are the disability bene-fits?

Disabled railroad workers retiring di-rectly from the railroad industry at the

end of fiscal year 2017 wereawarded more than $2,920 a monthon the average while awards for dis-abled workers under Social Securityaveraged approximately $1,295.

While both the Railroad Retirementand Social Security Acts provide ben-efits to workers who are totally dis-abled for any regular work, theRailroad Retirement Act also providesdisability benefits specifically for em-ployees who are disabled from workin their regular railroad occupation.Employees may be eligible for suchan occupational disability annuity atage 60 with 10 years of service or atany age with 20 years’ service.

Can railroaders receive benefits atearlier ages than workers underSocial Security?

Railroad employees with 30 ormore years of creditable service areeligible for regular annuities based onage and service the first full monththey are age 60, and rail employeeswith less than 30 years of creditableservice are eligible for regular annu-ities based on age and service thefirst full month they are age 62.

No early retirement reduction ap-plies if a rail employee retires at age60 or older with 30 years of serviceand his or her retirement is after2001, or if the employee retired be-fore 2002 at age 62 or older with 30years of service.

Early retirement reductions are oth-erwise applied to annuities awardedbefore full retirement age, the age atwhich an employee can receive fullbenefits with no reduction for early re-tirement. This ranges from age 65 forthose born before 1938 to age 67 forthose born in 1960 or later, the sameas under Social Security.

Under Social Security, a workercannot begin receiving retirementbenefits based on age until age 62,regardless of how long he or sheworked, and Social Security retire-ment benefits are reduced for retire-ment prior to full retirement ageregardless of years of coverage.

Can the spouse of a railroader re-ceive a benefit at an earlier agethan the spouse of a worker underSocial Security?



News and information for members of the SMART TD Alumni Association

Becoming a member costs just $9 a year! For more informa-tion, call 216-228-9400, [email protected] or visitwww.smart-union.org/td/alumni.

T H E F I N A L C A L L

Following are the names of recently deceased members who maintained annual membership in the SMART TD Alumni Association, according to reports received at SMART TDHeadquarters. These brothers and sisters will be missed by their many friends and by fellow SMART TD Alumni Association members.

Local Name City/State Local Name City/State

6 Huxford, Perry S. Rosedale, Ind.113 Orr, Louie R. Gallup, N.M.194 Bays, James W. Terre Haute, Ind.226 Hull, Thomas W. Hopkins, Mo.234 Spillman, Edward C. Bloomington, Ill.240 Blizard, James F. Alhambra, Calif.240 Graham, Donald H. Rowland Heights, Calif.240 O’Neill, Donald M. Youngstown, Ohio284 Dusek, George A. Ravenna, Ohio303 Williams, Josh H. Rogersville, Mo.

318 Hurley, Francis Elmira, N.Y.324 Naff, Kerry Marysville, Wash.339 Cardwell Jr., Marvin “Buddy” L. S. Fulton, Tenn.495 Cleveland, Blaine E. Salina, Kan.631 Green, James E. Martinsburg, W. Va.792 Henry, Charles E. Norwalk, Ohio792 Hilbert, Ray W. Dover, Ohio832 Cordts, Carl Foxboro, Wis.1031 Campbell, Johnny W. Richmond Hill, Ga.1075 Fairchild, Charles H. Ada, Mich.

Local Name City/State

1088 Evans, Charley L. Pearl, Miss.1315 Hoskins, Levi Corbin, K.Y.1386 Tribett, Stephen G. Vincent, Ohio1390 Jones, Charles P. Runnemede, N.J.1402 Hooks, Wendell H. Dupo, Ill.1518 Eaker, Harold A. Whiteland, Ind.1518 Schwandner, Robert E. Livingston, Ill.1978 Horan, James P. Milford, Conn.

RR RETIREMENT Q&A: Contrasting between Social Security, rail benefits

Local 324, Seattle, Wash.

Members of Local 324were mourning the deathof Treasurer Kerry Naff,who passed away April24 at age 54 after a bat-tle with cancer.

“Kerry was the beaconof light that guided ourlocal through its darkesthour,” said Local 324President PeterGushwa. “He was agreat man, friend,brother, ally and mentor.He is sorely missed byus all and has left a void

that mayneverbe filled.

“RIP,mybrother,you willforeverbe in our

hearts, mind and soul!”Brother Naff, a switch-

man for BNSF, joinedSMART TD in January1993 and had previouslyserved as 324’s vicepresident and secretary.

Naff

A fundraiser has been es-tablished forthe wife andtwo daugh-ters of JoshWilliams, aBNSF con-ductor whodied of aheart attackin May. Brother Williams,35, joined SMART TD in2005. To donate, visitwww.gofundme.com/josh-williams-family-fund.

Williams

Local 303, Springfield, Mo.

Local 240, Los Angeles, Calif.Chairperson Harry Garvin

reports that Local 240 isgrieving after three losses.n Brother Garvin’s wife,Susan Francis Garvin,passed away March 2 athome in Alta Loma, Calif.,with her husband, her dogsand two good friends at herside.

Harry and Susan were mar-ried for more than 44 yearsbefore her death from cancer.n Donald Michael O’Neill,77, died peacefully March 16at Windsor House in Canfield,Ohio, with his family at his

side. Brother Donald was aconductor for the SouthernPacific and later for the UnionPacific Railroad before retir-ing in 2006.n Jack E. Haile, 76, ofForsyth, Mo., died Feb. 3,2018, at his residence.A veteran of the U.S. Army,Brother Haile was honorablydischarged in 1962 with therank of specialist. He wasemployed as a conductor forthe Southern Pacific Railroadand Union Pacific Railroadbefore retiring in 2001.

Continued on Page 9



The Ohio Legislative Board’s office has moved. Its newaddress is 750 Cross Pointe Road, Suite E in Gahanna, OH43230, and the new office phone number is 614-604-6731.

State Watch continued...

Ohio

Washington, D.C.

SMART TD Washington, D.C. office Chief of Staff Jenny Miller celebrated her20-year work anniversary in the office April 27 along with Assistant NationalLegislative Director Greg Hynes (left) and National Legislative Director JohnRisch (right).

An inaugural workers summit April 6 inNorth Platte, Neb., drew about 100 mem-bers from various unions to discuss laborand rail issues during two sessions at theNorth Platte Quality Inn and Suites.

SMART Transportation Division Ne-braska State Legislative Director BobBorgeson was in attendance and gave apresentation at the meeting.

“I was happy to do it,” said Borgeson.“We were all very happy with the turnout,which had all kinds of folks from differentunions show up.”

Topics of discussion included S. 1451 –the Railroad Advancement of Innovationand Leadership with Safety Act; S. 2360and HR 233 – the Senate and House ver-sions of the Safe Freight Act – and cuts tothe Occupational Safety and Health Ad-ministration’s budget. Strategies abouthow to better mobilize to have union work-ers’ voices heard were also discussed.

Jim “Doc” Moore, a retired associate pro-fessor of labor history at Cornell Univer-sity’s School for Industrial and LaborRelations, moderated the meeting, whichwas organized by Terry Sigler, a retiredlegislative representative of SMART TDLocal 286 in North Platte.

“The purpose of the labor summit was tounite all the unions and to better inform ourmembers of the issues that are importantfor our safety and welfare,” said Sigler.

Dean Mitchell, a political consultant withDFM Research who works with SMART

TD, was among the presenters. Mitchellpointed out during his address that 13 per-cent to 18 percent of voters in LincolnCounty, Neb., are railroad workers andtheir spouses – the highest concentrationin any city or county in the U.S.

“Seeing that figure, it is easy to see thatif all the other unions work together too,there is absolutely no reason why we can’tcarry an agenda in the election process,”Mitchell said.

Nebraska AFL-CIO President Sue Martinspoke about apathy in union ranks and theimportance of electing people who supportunion issues and working families.

“The people who represent us make therules for us, so we need to get people whoare friendly to working families elected,”Martin said. “We will support those whosupport our issues.”

Sigler said that he plans to make thesummit a regular event.

Nebraska Georgia

Georgia State Legislative Director Matt Campbell, at right, was invited by stateRep. Dar’shun Kendrick to moderate the April 18th Georgia Economic Bill ofRights hearing at the State Capitol in Atlanta. Pictured with Campbell are Rhon-da Briggins (Metropolitan Atlanta Rapid Transit Authority) and Kimberly King(Georgia Department of Transportation).

Maryland

Dean Mitchell, a political consultant with DFM Research,addresses a workers summit in April in North Platte, Neb.

Two wins in the General Assem-bly turned into a win and a loss atthe hand of Gov. Larry Hogan, re-ports Maryland State LegislativeDirector Larry Kasecamp.

HB-312, a bill that increased thepenalty for assaults on transit op-erators to a year imprisonment,

was passed and signed into lawby the governor.

However, a bipartisan two-per-son crew bill, HB-180, was ve-toed by Hogan and the vetocannot be overridden at this time.

Kasecamp, disappointed by theveto, will return to his 2PC efforts. Kasecamp

LouisianaChris Christianson became the state’s legislative director, effective May 1. Christianson, of Monroe, La., a conductor for Union Pa-

cific, had been assistant state legislative director since January 2016.“I’m diving in head-first in the middle of regular session, so I have some challenges ahead and look forward to overcoming them one

step at a time,” Christianson said. “I also look forward to knocking on doors, making calls and shaking hands, building new relation-ships.”

Christianson, a member of Local 1545, joined SMART TD in April 2003 and has served in multiple posts including as the local’s sec-retary and treasurer and as legislative representative.

“There’s nothing more important than being a state director and having great relationships with the ones that write the laws.” Christianson

Local 1258 outof Elgin, Ill.,had a numberof guests for itsfourth annualalumni meetingin May. Pic-tured, seatedfrom left at thetable, are re-tired membersRon Norton,Larry Vicars,John Hensleyand Paul Heggesurrounded bythe local’smembers.

Local’s alumni come back as guests for annual meeting

If a retired railroad employee with 30 or more years of service is 60, theemployee’s spouse is also eligible foran annuity the first full month thespouse is 60.

Certain early retirement reductionsare applied if the employee first be-came eligible for a 60/30 annuity July1, 1984, or later, and retired at ages60 or 61 before 2002. If the employeewas awarded a disability annuity, hasattained age 60 and has 30 years ofservice, the spouse can receive anunreduced annuity the first full monthshe or he is 60, regardless of whetherthe employee annuity began before orafter 2002, as long as the spouse’sannuity beginning date is after 2001.


Rail retirement Q & A



expenses shall be paid by the Transportation Division.10. A court reporter shall make a transcript of all proceedings

before the arbitrator. This transcript shall be the official record of theproceedings and may be purchased by the appellants. If appellantsdo not purchase a copy of the transcript, a copy shall be availablefor inspection at the Transportation Division during normal businesshours.

11. Appellants may, at their expense, be represented by counselor other representative of choice. Appellants need not appear at thehearing and shall be permitted to file written statements with thearbitrator instead of appearing. Such statement shall be filed no laterthan fifteen (15) days after the transcript becomes available, but inno case more than thirty (30) days after the hearing closes.

12. Fourteen (14) days prior to the start of the first hearing, appel-lants shall be provided with a list of all exhibits intended to be intro-duced at the hearing and a list of all witnesses intended to be called,except for exhibits and witnesses that may be introduced for rebut-tal. On written request from an appellant, copies of exhibits (or in thecase of voluminous exhibits, summaries thereof) shall be provided tothem. Additionally, copies of exhibits shall be available for inspectionand copying at the hearing.

13. The Transportation Division shall have the burden of estab-lishing that the reduced fees set forth in the analyst’s report are law-ful.

14. If the arbitrator shall determine that more than one day ofhearings is necessary, hearings shall be scheduled to continue fromday to day until completed. The parties to the appeal shall have theright to file a brief within fifteen (15) days after the transcript of thehearing is available, but in no case more than thirty (30) days afterthe hearing closes. The arbitrator shall issue a decision within forty-five (45) days after the submission of post-hearing briefs or withinsuch other reasonable period as is consistent with the rules estab-lished by the AAA.

15. The arbitrator shall give full consideration to the legal require-ments limiting the amounts that objectors may be charged, and shallset forth in the decision the legal and arithmetic basis for such deci-sion.

16. If an objector receiving an advance reduction wishes to con-tinue the objection, he/she shall continue to pay the reduced feesthat he/she is currently paying until the analyst issues the report. Assoon as possible after the issuance of the analyst’s report, he/sheshall pay the amount of the reduced fees calculated by the analyst.Persons objecting for the first time shall be sent a copy of the reportprepared by the analyst for the previous year and shall pay thereduced fees as soon as possible.

17. Each month thereafter for all objectors, an amount shall beput in an interest-bearing escrow account equal to 25 percent of thereduced monthly fees, or such other greater amount as the analystmay recommend. All objectors from the previous year shall be paidthe amount of non-chargeable money that is in the escrow accountas determined by the analyst’s report as soon as practicable after itsissuance. The appropriate unit of the Transportation Division shallnot, however, take its portion of the monies in the escrow accountuntil fifteen (15) days after the conclusion of the period within whichan objector may appeal the report of the analyst, or upon theissuance of the decision of the arbitrator, whichever is later.

18. When the decision of the arbitrator is announced the moniesremaining in the escrow account shall be distributed in accordancewith the decision.

Transportation Division policy concerning fees objectors1. Any person covered by a UTU, now SMART, union shop or an

agency shop agreement in the United States who elects to be anon-member has the legal right to object to political and ideologicalexpenditures not related to collective bargaining, contract adminis-tration, or other activities germane to collective bargaining. Eachnon-member who objects shall pay the reduced fees.

To the extent permitted by law, a non-member cannot par-ticipate in union elections as a voter or as a candidate; attendunion meetings; serve as delegate to the convention, or partic-ipate in the selection of such delegates; or participate in theprocess by which collective bargaining agreements are ratified.

2. The objecting non-members shall provide notice of objectionby notifying the President, Transportation Division of the objectionby first-class mail postmarked during the month of September pre-ceding the calendar year to which s/he objects, or within thirty (30)days after he/she first begins paying fees and receives notice ofthese procedures. The objection shall contain the objector’s currenthome address. Once a non-member objects, the objection shallstand until revoked. Objections may only be made by individualemployees. No petition objections will be honored.

3. The following categories of expenditures are chargeable:a. All expenses concerning the negotiation of agreements,

practices and working conditions; b. All expenses concerning the administration of agree-

ments, practices and working conditions, including grievance han-dling, all activities related to arbitration, and discussion withemployees in the craft or class (or bargaining unit) or employer rep-resentatives regarding working conditions, benefits and contractrights;

c. Convention expenses and other union internal gover-nance and management expenses;

d. Social activities and union business meeting expenses;e. Publication expenses to the extent coverage is related to

chargeable activities; f. Litigation expenses related to contract administration,

collective bargaining rights, and internal governance;g. Expenses for legislative and administrative agency activ-

ities to effectuate collective bargaining agreements;h. All expenses for the education and training of officers and

staff intended to prepare the participants to better perform charge-able activities;

i. All strike fund expenditures and other costs of economicaction, e.g., demonstrations, general strike activity, informationalpicketing, etc., that benefit members of the bargaining unit or craftformerly represented by UTU, now SMART.

4. SMART shall retain a certified public accountant to perform anindependent audit of the records of the Transportation Division andsubordinate units maintained by the President, Transportation Divi-sion. The Transportation Division shall designate an analyst for thepurpose of determining the percentage of expenditures that fallwithin the categories specified in Section 3. The amount of theexpenditures that fall within Section 3 shall be the basis for calcu-lating the reduced fees that must be paid by the objector. The ana-lyst shall also give an opinion concerning the adequacy of theescrow amounts maintained pursuant to Section 17, and later willverify the existence and the amounts of money in any escrowaccounts.

5. The analyst shall complete the report no later than August 31.This report shall include an analysis of the major categories of union

expenses that are chargeable and non-chargeable.6. Each person entitled to receive the analyst’s report may chal-

lenge the validity of the calculations made by the analyst by filing anappeal with the President, Transportation Division. Such appealmust be made by sending a letter to the President, TransportationDivision postmarked no later than thirty (30) days after issuance ofthe analyst’s report.

7. After the close of the appeals period, the President, Trans-portation Division shall provide a list of appellants to the AmericanArbitration Association (AAA). All appeals shall be consolidated. TheAAA shall appoint an arbitrator from a special panel maintained bythe AAA for the purpose of these arbitrations. The AAA shall informthe President, Transportation Division and the appellant(s) of thearbitrator selected.

8. The arbitration shall commence by October 1 or as soonthereafter as the AAA can schedule the arbitration. The arbitratorshall have control over all procedural matters affecting the arbitra-tion in order to fulfill the need for an informed and expeditious arbi-tration.

9. Each party to the arbitration shall bear their own costs. Theappellants shall have the option of paying a pro-rata portion of thearbitrator’s fees and expenses. The balance of such fees and

Percentage of chargeable fees determinedby analyst for calendar year 2017

Transportation Division* 78.3 percent

State Legislative BoardsLO 005 California1 72.6 percentLO 028 Missouri2 66.2 percentLO 054 Washington3 34.5 percentUnreviewed boards4 0.0 percent

General Committees of Adjustment, including localsunder jurisdiction

GO 001 BNSF5 100 percentGO 851 CSXT6 95.5 percentGO 927 Union Pacific7 98.8 percentUnreviewed committees8 99.6 percent

* Estimate; final ratio forthcoming.1 Calculated by applying the lowest of previous reviews of the applicablelegislative board providing the board has had eight or more reviews.2 Estimate based on Second and Third Quarter reports.3 Estimate based on Third and Fourth Quarter reports.4 Unreviewed state legislative boards will have a 0 percent chargeablepercentage applied to new objectors.5 Estimate based on First, Second, and Fourth Quarter reports.6 Estimate based on First, Second, Third, and Fourth Quarter reports.7 Estimate based on First, Second, and Third Quarter reports.8 Unreviewed general committees will have the historical average ofchargeable percentages of audited general committees, which is 99.6percent, applied to any new objectors.

his railroad career on the Bal-timore and Ohio Chicago Ter-minal Railroad (CSXT) onOct. 29, 1972. After holdinglocal offices with the then-United Transportation Union(UTU), Lesniewski waselected local chairperson in1982 and was re-elected byacclamation in 1986, 1990,1994 and 1998, serving formore than 16 years. He alsoserved as the local’s delegateat UTU conventions in 1987,1991, 1995, 1999 and 2003.

“It has been my privilegeand pleasure to serve themembership as an officer ofour great Union for almost 36of my 46 years of railroadservice. My sincere thanks toall of the Union members, of-ficers and staff who havesupported me along the way,”Lesniewski said. “I will neverforget you.”

In 1995, Lesniewski waselected part-time secretary ofthe CSXT/B&O GeneralCommittee (GO-049) after 26years as a trainman and 16years as a part-time repre-sentative. He was elected byacclamation to a full-time po-sition as first vice generalchairperson in 1999 and re-

elected to that position in2003. Upon the retirement offormer General ChairpersonJ. T. Reed on July 1, 2004,Lesniewski was elected byacclamation as general chair-person on the former B&OCSXT property and then re-elected for successive termsby acclamation in 2007 and2011.

On Feb. 28, 2011,Lesniewski was elected assecond alternate vice presi-dent-East by the UTU boardof directors and was subse-quently elected, overwhelm-ingly, as a full vice presidentby delegates at the 2011 UTUConvention and re-elected tothe position at the SMARTTD convention in 2014. At the2014 convention, he was alsoelected “successor president”by the delegates. He alsoserved as general vice presi-dent on the General Execu-tive Council of SMART.

Lesniewski served on theNational Negotiating Commit-tee for the July 1, 2008, Na-tional Mediation Agreementunder both former-PresidentsP. C. Thompson and M. B.Futhey Jr. He also served onthe 2011 National NegotiatingCommittee, having been ap-pointed by Futhey in Decem-

ber 2009. He served on histhird National NegotiatingCommittee starting in 2015,having been appointed byTransportation Division Presi-dent John Previsich, whichresulted in the National RailAgreement that was ratifiedDec. 1, 2017.

“As I step aside, I encour-age younger members to getinvolved in the labor move-ment to protect their own fu-ture as well as the future oftheir co-workers,” Lesniewskisaid. “Being a Union repre-sentative, in any capacity, is aprodigious source of personalsatisfaction if it is undertakenfor the correct purpose ofmaking a difference by help-ing and protecting our mem-bership.

“As an added bonus, withinour Union, you end up work-ing with a dedicated group ofconsummate professionalsas I have.”

President Previsich com-mented: “I have had thepleasure of working withBrother Lesniewski during myentire career as a nationallyelected officer. His profes-sionalism and expertise areat the highest level and his in-tegrity and commitment areconfirmed by all who know

him. John has been atremendous asset to ourunion in all respects and aclose and dear friend to mepersonally. It is my distincthonor to wish John and hiswife, Gail, a long, healthy andprosperous retirement.”

John and Gail have beenmarried for 45 years and re-side in Noblesville, Ind. Theyhave four children, three ofwhom are married, and eightgrandchildren.

The vacancy created byLesniewski’s retirement willbe filled by the elevation of Al-ternate Vice President BrentLeonard, effective July 1.

Leonard, 45, has served asSMART TD alternate vicepresident since Jan. 1, 2013.He was elevated to the posi-tion by the Board of Directorson Dec. 28, 2012, and wasre-elected to the position in2014.

A member of Local 202 inDenver, Leonard started rail-roading in 1997 on Union Pa-cific as a conductor/switchman. He was promotedto engineer in 1998 and waselected local chairperson in2001. He was elected vicegeneral chairperson of hisgeneral committee, GO-953,in 2003; senior vice general

chairpersonin 2007 andgeneralchairpersonin 2011. GO-953 repre-sents about4,000 mem-bers and is

one of the largest generalcommittees in SMART TD.

As general chairperson,Leonard represented UnionPacific employees encom-passing 10 states as well asfour regional short-line rail-roads representing both oper-ating and non-operatingcrafts. Leonard negotiatedseveral first-of-their-kindagreements providing signifi-cant pay increases, improve-ments to his members’ qualityof life and predictive time off.

Leonard has filled pastroles of chairman of UnionPacific RailroadEmployee Health Systems(UPREHS), chairman of theDistrict 1 General Chairper-sons’ Association and hasserved in various leadershippositions for the Union PacificGeneral Chairpersons’ Asso-ciation.

Leonard and his wife live inTopeka, Kan., and have twodaughters.


Vice President Lesniewski retires, Brent Leonard is elevated to replace him

Leonard



What if I told you that UTUIA is that in-surance company and as a Union mem-ber, you had access to some of the bestbenefits available today? To find outmore information as to how we can helpyou protect your family and yourself,simply go to www.UTUIA.org/informa-tion, fill out the form and submit or con-tact a Field Supervisor Direct. You canfind your Field Supervisor atwww.utuia.org /map

What if you could find an insurance company that:

What if?...Pays the membership back rather than paying•stockholders and greedy CEOsProvided over 200 college scholarships yearly•to the children and grandchildren of membersProvided up to 100 Trade School scholarships•to help build America’s skilled labor forceProvided Memorial Scholarships to the chil-•dren of its members who were killed while per-forming the duties of their tradeHad benefits designed to meet the unique needs•of Union Trade Workers and their families

Had highly affordable plans and flexible pay-•ment optionsGave thousands of hours of volunteer work•and matched member donations for charitiesin the communities they serveFinancially Supported Disaster relief to assist•Union members and their families in dire timesof needPaid claims in days, not months•Was established over 150 years ago by Trade•workers like yourself

I would like more information on UTUIA’s available policies:

Please Print

Full Name Date of Birth SMART TD Local

Street Address City State Zip code

Telephone number with area code Male Female

Complete and mail to: UTUIA Sales Dept., 24950 Country Club Blvd., Ste. 340, North Olmsted, OH 44070-5333.

Accident IndemnityAccidental Death and DismembermentCancer Hospital Indemnity

Life InsuranceAnnuitiesIRAs

❒❒❒❒❒❒

06/18

UTUIA congratulates 2018 scholarship winners!DISTRICT 1Conn., Maine, Mass., N.H., N.Y., R.I., Vt.Morgan Beiter, step daughter of Robert Kuzara Jr.of Local 1393, Buffalo, N.Y.; Nicole Giordano, stepdaughter of William Connell of Local 1473, Boston,Mass.; Jonathan Munn, grandson of RaymondKobylak of Local 1978, New York, N.Y.; Allison Sorri,daughter of Ronald Sorri of Local 1393, Buffalo,N.Y.; Emma Weis, granddaughter of RobertFitzsimmons of Local 1978, New York, N.Y.DISTRICT 2Del., D.C., Md., N.J., Pa.Kyle Dobbins, son of Preston Cyrus of Local1390, Trenton, N.J.; Hannah Farley, granddaugh-ter of Charles Cellini of Local 60, Newark, N.J.;Stephanie Krakowski, daughter of JohnKrakowski of Local 1413, Jersey City, N.J.; JustinWilliamson, son of Thomas Wiliamson of Local1470, Edmonston, Md.DISTRICT 3Ala., Fla., Ga., Ky., Miss., N.C., S.C., Tenn., Va., W.Va.Bryce Bennett, son of Joe Bennett of Local 998,Waycross, Ga.; Abbagail Brasington, granddaugh-ter of Davis Bragg of Local 762, Montgomery, Ala.;Brittany Clayton, daughter of Autry Clayton Jr. ofLocal 1545, Monroe, La.; Emily Coppedge, daugh-ter of Thomas Coppedge of Local 971, Crewe,Va.; James McClanahan, grandson of JamesCruce of Local 339, Jackson, Tenn.; Colleen Tracy,granddaughter of John Tracy of Local 991,Steubenville, Ohio; Allyson Yandle, granddaughterof Wallace Thornton of Local 793, Columbia,S.C.; Hunter Young, grandson of Johnny Camp-bell of Local 1031, Savannah, Ga.DISTRICT 4Ind., Mich., OhioAlexandria Collins, daughter of Tommy Collins ofLocal 1383, Gary, Ind.; Brock Goley, grandson ofDonald Goley of Local 14, Cincinnati, Ohio; Brian-

na McNeely, daughter of Robert Moneer of Local586, Willard, Ohio; Zachary Miller, grandson ofWilliam Briggs of Local 225, Bellevue, Ohio; Han-nah Shank, granddaughter of Samuel Hale ofLocal 1290, Chicago, Ill.DISTRICT 5Ill., Wis.Paige Dubs, daughter of Matthew Dubs of Local1929, East St. Louis, Ill.; Adrien Hernandez, great-grandson of Warren Johnson of Local 1292,Proctor, Minn.; Alec Lester, son of Scott Lester ofLocal 445, Niota, Ill.; Alyssa Orona, daughter ofDavid Orona of Local 1895, Chicago, Ill.DISTRICT 6Ark., La., Okla., TexasWilson Bernard, grandson of Marvin Corzine ofLocal 1501, Baton Rouge, La.; Tucker Hoobler,grandson of Ralph Robertson of Local 1313,Amarillo, Texas; Triniti Love, daughter of FancyLove of Local 594, Mineola, Texas; Casey Sartor,grandson of Terry Sartor of Local 1092, Teague,Texas; Makena Schroeder, granddaughter of Den-nis Scholle of Local 1042, Oklahoma City, Okla.;Jaela Washington, daughter of Shedrick Dudleyof Local 11, Houston, TexasDISTRICT 7Iowa, Kan., Minn., Mo., Neb., N.D., S.D.Kendra England, granddaughter of Billy Englandof Local 477, Newton, Kan.; Gunnar Fandrich,grandson of David Fandrich of Local 1344, Man-dan, N.D.; Alexis Howard, step daughter of GarrettPoulette of Local 303, Springfield, Mo.; BrandonKankelfritz, grandson of Darald Kankelfritz ofLocal 1137, Fargo, N.D.; Natalie Mechem, grand-daughter of Raymond Birch of Local 1823, St.Louis, Mo.; Paige Nichols, daughter of ClintonNichols of Local 418, Sioux City, Iowa; Trevor Rim-mer, son of Matthew Rimmer of Local 1780,Kansas City, Mo.

DISTRICT 8Ariz., Calif., Colo., Nev., N.M., UtahArthur Alvarado, son of Magaly Dorado of Local1565, West Hollywood, Calif.; Alexandra Jensen,granddaughter of Kenneth Harman of Local 204,Pueblo, Colo.; Hunter Jones, grandson of PatriciaHampton of Local 238, Ogden, Utah; LorenaLara, daughter of Pedro Lara of Local 1563, ElMonte, Calif.; Justin Martinez, son of LatoniaMartinez of Local 1608, Chatsworth, Calif.; Car-son Park, grandson of Patricia Hampton of Local238, Ogden, Utah; Tatiana Sandoval, daughter ofGeorge Sandoval of Local 1608, Chatsworth,Calif.; Nathan Valles, grandson of Patricia Garciaof Local 1563, El Monte, Calif.DISTRICT 9Alaska, Idaho, Mont., Ore., Wash., Wyo.Griffen Boe, son of Kyle Boe of Local 257, Morrill,Neb.; Alexandria Gould, step daughter of RyanHedgecock of Local 891, Whitefish, Mont.; ColtonRichards, son of Kenneth Richards of Local1713, Everett, Wash.

Trade School Scholarship winnersAshlan Marcantel, daughter of Carban Marcantelof Local 1947, Lake Charles, La.; Tyler Parker,grandson of Samuel Parker of Local 453, Clinton,Ill.; Colin Weidauer, son of Gregory Weidauer ofLocal 911, Minneapolis, Minn.UTUIA wishes all winners luck in all oftheir future endeavors. Congratulations!



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JUNE/JULY 2018ISSN 2470-0304

Published bi-monthly (with two extra issues per year for a total of eight issues) by SMART TD, 24950 COUNTRY CLUB BLVD., SUITE 340, NORTH OLMSTED, OH 44070-5333 • Periodicals postage paid at Cleveland, Ohio, and additional mailing offices • John Previsich, SMARTTransportation Division President • This publication available on microfilm from National Archive Publishing, P.O. Box 998, Ann Arbor, MI 48106.POSTMASTER: Send address changes to SMART TD News, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333.

®

Photo of the monthSMART Transportation Division is always

looking for good photos and your picture can befeatured on this page as a Photo of the Month.SMART TD seeks photographs or digital

images of work-related scenes, such as rail-road, bus or mass transit operations, newequipment photos, scenic shots, activities ofyour local or photos of your brothers and sis-ters keeping America rolling.Printed photographs should be mailed to

SMART TD, 24950 Country Club Blvd., Suite340, North Olmsted, OH 44070-5333.High-resolution digital photographs should be in

JPEG format and emailed to [email protected]. We prefer horizontal photos.With each photograph, please include

your name and SMART local number, thenames of the persons in the photo (left to right),where the photo was taken, and other pertinentinformation.All photographs submitted become property

of SMART.Remember to review your employer’s poli-

cies regarding use of cameras on the propertyor during work hours. Retired conductor Benjamin Prince of Local 645 took this photo of a Long Island Rail Road train as it passed through Jamaica Station in Jamaica, N.Y.

Warnings issued by FRA and DOT on consumption of CBD products

AssetsCash $940,053Bonds 197,005,882Common stocks 20,055,135Data processing equipment 314,855Real estate 1,478,453Accrued interest 2,232,748Policy loans 4,870,732Other assets 68,134

Total assets $226,965,992

Summary of operationsIncomePremium income $12,910,087Investment income 10,222,563Other income 20,439Total income $23,153,089

ExpensesBenefits $(14,803,178)General expenses (7,468,630)Total expenses $(22,271,808)

Net income (loss) $881,281Capital gain (loss) 401,013Total income $1,282,294

Ohio revised code provides that, not later than the first day of June of each year, UTUIA shall either mail to each benefit member, or publish in its official publication, a synopsis of its annual statement.

Liabilities & surplusReserves $168,354,842IMR 3,943,511Accrued expenses 646,311AVR 3,415,307Other liabilities 180,691Total liabilities $176,540,662

Surplus 50,425,330

Total liabilities & surplus $226,965,992

United Transportation Union Insurance AssociationAs of December 31, 2017: amounts as reported in annual statement filing to Ohio Department of Insurance, unaudited

From the FRA: CBD (cannabidiol) is oneof more than 100 chemical constituentscalled cannabinoids unique to the mari-juana plant. Another well-known cannabi-noid is delta-9 tetrahydrocannabinol (ormore commonly known as THC), which isthe major intoxicating component of mari-juana.

CBD is sold in ingestible forms as well asointments and oils designed to be appliedto the skin. Marketers like to associate CBDwith hemp products, which is a term looselyassociated with marijuana-related productsthat have little or no THC. However, CBDproducts have some risk since their manu-facture is not controlled or overseen by anystate or federal government agency, norproduced for prescription use by any majorpharmaceutical company in this country.CBD products can definitely be a “buyerbeware” concern in terms of product con-tent and quality control. In addition, CBDproducts may be innocently or purposefullysold with varying amounts of THC present.

A number of states indirectly or directlyallow the sales of CBD-based products, ei-ther because it is specifically identified instate law or by virtue of its derivation from

the marijuana plant for states with medicalor recreational marijuana laws.

CBD is illegal to possess or use underfederal law. CBD is considered by the fed-eral government to be a byproduct of mari-juana, and therefore is a Schedule I drugunder the federal Controlled SubstancesAct (CSA). It is therefore the position ofFRA that the possession or use of any CBDproduct is a violation of 49 CFR 219.101.

DOT drug tests target the principal uri-nary metabolite of marijuana THCCOOH,which appears in urine after use of a THC-containing product. Since CBD is not achemical constituent or byproduct of THC,it will not cause a federal positive test formarijuana. However, the risk is that theCBD product could also contain THC. IfTHC is present in sufficient amounts, thatcould potentially be the source of a positivefederal drug test.

A regulated employee claiming that thesource of their marijuana positive test isany “hemp” product will still have the testverified by the Medical Review Officer(MRO) as positive regardless (see 49 CFR40.151(f)).

From the DOT: Recently,some states passed initiativesto permit use of marijuana forso-called “recreational” pur-poses.

We have had several in-quiries about whether thesestate initiatives will have animpact upon the Departmentof Transportation’s longstand-ing regulation about the useof marijuana by safety‐sensi-tive transportation employees.

We want to make it perfectlyclear that the state initiativeswill have no bearing on theDepartment of Transporta-tion’s regulated drug testingprogram. The Department ofTransportation’s Drug and Al-cohol Testing Regulation – 49CFR Part 40 – does not au-thorize the use of Schedule Idrugs, including marijuana, forany reason.

Therefore, Medical ReviewOfficers (MROs) will not verifya drug test as negative based

upon learning that the em-ployee used “recreationalmarijuana” when states havepassed “recreational mari-juana” initiatives.

We also firmly reiterate thatan MRO will not verify a drugtest negative based upon in-formation that a physician rec-ommended that the employeeuse “medical marijuana” whenstates have passed “medicalmarijuana” initiatives.

It is important to note thatmarijuana remains a druglisted in Schedule I of theControlled Substances Act. Itremains unacceptable for anysafety‐sensitive employeesubject to drug testing underthe Department of Trans-portation’s drug testing regu-lations to use marijuana.

We want to assure the trav-eling public that our trans-portation system is the safestit can possibly be.

transportation division newswe’re looking for photo submissions from smart td members and alumni...

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