Category: Legal updates

SMART-TD arbitrates crew-consist dispute

July 9, 2021 On June 15 and 16, 2021, the simmering dispute between the SMART Transportation Division and carriers over crew consist finally reached arbitration before neutral party John LaRocca in Sacramento, Calif. Class I railroads BNSF, UP, NS and KCS initiated a claim in October 2019 [...]

Tags arbitration, crew consist, moratorium

Ninth Circuit Ruling Favors Unions and States, Rejects FRA’s Attempt to Preempt State Crew Law

February 23, 2021 CLEVELAND, Ohio (Feb. 23, 2021) — Two of the country’s largest freight railroad unions achieved a favorable decision in the Ninth Circuit Court of Appeals on Tuesday regarding an attempt by the Federal Railroad Administration (FRA) to preempt legislation passed by a number of [...]

Tags Brotherhood of Locomotive Engineers and Trainmen, Dennis Pierce, Federal Railroad Administration, Ron Batory, Transportation Division President Jeremy Ferguson, two person crew legislation

SMART-TD Wins Another Victory in the Crew Consist Battle

January 15, 2021 On January 8, 2021, Arbitrator Wendell Bell issued his arbitration award regarding the process and procedure in arbitrating the Carriers’ (UP, BNSF, NS & KCS) attack on the Crew Consist Moratoria. The arbitration, known as a “Procedural Public Law Board,” had the pu [...]

Tags arbitration award, crew consist, National Mediation Board, public law board

President Ferguson: Setting record straight on anti-labor articles

September 3, 2020 Brothers and Sisters, It’s time to set the record straight. I am certain many of you have seen the recent anti-labor articles that have been published regarding our recent win in the U.S. Court of Appeals for the 5th Circuit. That win has apparently struck a raw nerve with th [...]

Tags crew consist, Railway Age, Railway Labor Act, Transportation Division President Jeremy Ferguson

Fifth Circuit vacates injunction in crew-consist case

August 28, 2020 Today, Aug. 28, the U.S. Court of Appeals for the 5th Circuit issued its decision in BNSF et al v. SMART-TD (Case No. 20-10162) concerning crew consist. This decision is a long-awaited victory for the Union. The appellate court vacated the injunction that forced SMART-TD Gene [...]

Tags 2020 election, crew consist, Fifth Circuit District Court of Appeals, moratorium, Transportation Division President Jeremy Ferguson