Policy

February 1, 2023 David P. Pekoske Administrator Transportation Security Administration 6595 Springfield Center Drive Springfield, VA 20598       RE:     Enhancing Surface Cyber Risk Management                   Docket No. TSA-2022-0001 Dear Administrator Pekoske: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to […]

WRITTEN STATEMENT OF GREG REGAN, PRESIDENT TRANSPORTATION TRADES DEPARTMENT, AFL-CIO ________________________________________ BEFORE THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE “The State of Transportation Infrastructure and Supply Chain Challenges”  February 1, 2023 On behalf of the Transportation Trades Department, AFL-CIO (TTD), and our 37 affiliated unions, I thank Chairman Graves and Ranking Member Larsen for inviting me […]

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Norfolk Southern’s (NS) petitions for waiver of compliance from 49 CFR 236.566 to allow unequipped locomotives to operate in its Keystone Division and several other control points. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliate, the Brotherhood of Railroad Signalmen (BRS).

As TTD has commented before, positive train control (PTC) and centralized traffic control (CTC) technologies provide an additional layer of safety for rail workers and the public.[2] The National Safety Transportation Board (NTSB) first recommended that PTC be required in 1969 and Congress subsequently put into place the PTC mandate in 2008 because it saves lives and reduces injuries. Furthermore, these are not new technologies. CTC has been around since 1927 and the Class I railroads, including NS, have widely installed CTC across their networks.[3] NS’s petition for a waiver of compliance undermines the progress that has been made over the past few decades in installing signal systems that make our rail system safer. That is why the continued permission from the FRA to NS to operate this equipment without modern signal systems undermines the safety of rail workers and the general public and is counter to the safety mission of the FRA.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Union Pacific Railroad’s (UP) December 12, 2022, request to amend its Positive Train Control (PTC) safety plan and control system. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1]

UP Request Should be Denied Without Prejudice

TTD formally asks FRA to deny without prejudice UP’s request for this amendment to its PTC plan until such time as UP publicly explains in full detail what their amendment entails. TTD and its unions support FRA’s goal of implementing safe and effective PTC systems in a timely fashion in order to protect rail workers and the general public. However, UP’s petition is emblematic of both the freight railroads’ desire to implement unproven, and sometimes risky technology such as Trip Optimizer through these PTC safety plans and also a rushed and flawed process at FRA in reviewing and allowing for public input of these plans.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding BNSF Railway’s recent petition for waiver of compliance regarding certain brake inspection requirements. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliates, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) and the Brotherhood of Railroad Carmen (BRC). Our positions are fully aligned with our affiliates’ comments in this docket.

In this docket, BNSF is requesting a waiver from requirements under 49 C.F.R. sections 232.205 (c) (ii) (B) and 232.207 (b) (1). The railroad is asserting that an incomplete FRA-sponsored study, conducted June 28, 2022, in Staples, Minn., is definitive proof that the established safety regulations should be waived. As SMART-TD states, “As FRA is fully aware, the test being referenced by BNSF is just one phase of a multi-year four-phase study. To this point, FRA is still receiving comments from the involved parties to consider in its analysis for this particular phase of the test’s results. Again, as FRA knows, the final phase of the test will not be completed until sometime late in the summer of 2023. Upon its completion, only then will an accurate and robust assessment be able to be made.”

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) proposed rule regarding Train Crew Size Safety Requirements. These requirements are necessary to ensure the safety and efficient operation of the U.S. freight and passenger railroad systems, the millions of Americans who rely on these systems every day, and the employees who work on these systems. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers, and specifically, the engineers and conductors that drive and operate freight and passenger trains who will be most impacted by this proposed rule.

In addition to our own comments, TTD endorses the comments and testimony filed by our affiliates: the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division (SMART-TD), the Brotherhood of Locomotive Engineers and Trainmen (BLET), the American Train Dispatchers Association (ATDA), and the International Association of Fire Fighters (IAFF).

My name is Greg Regan and I am the President of the Transportation Trades Department, AFL-CIO (TTD). By way of background, TTD consists of 37 affiliate unions, representing millions of frontline workers across every mode and every sector of America’s transportation network. Our unions represent the totality of rail labor, including both passenger and freight rail workers, such as the engineers and conductors that drive and operate freight and passenger trains. I speak collectively on behalf of those 37 unions and their workers in this testimony.

TTD is pleased to co-endorse the Brotherhood of Locomotive Engineers and Trainmen (BLET) and SMART-Transportation Division (SMART-TD) testimony on this vital issue. BLET and SMART-TD are two of the 13 rail unions affiliated with TTD and TTD fully supports BLET and SMART-TD’s positions on crew size.

The Honorable Brian Schatz Chair Transportation, Housing and Urban Development, and Related Agencies Subcommittee Senate Appropriations Committee United States Senate Washington, D.C. 20510 The Honorable David Price Chair Transportation, Housing and Urban Development, and Related Agencies Subcommittee House Appropriations Committee United States House of Representatives Washington, D.C. 20515 The Honorable Susan Collins Ranking Member Transportation, […]

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Transportation’s (DOT) Request for Information regarding Buy America Requirements for Construction Materials, De Minimis Costs, Small Grants, and Minor Components. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.[1] TTD endorses the comments submitted by our affiliate, the United Steelworkers (USW).

TTD credits the Biden administration for expanding and strengthening the reach and application of domestic content preferences, both in its support for the Build America, Buy America Act (BABA) in the Bipartisan Infrastructure Law (BIL) and in executive actions such as Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, among others. We are appreciative of the DOT’s continued work to implement the BIL and prioritize BABA.

Our nation’s freight rail system has existed for more than 150 years because it has historically been viewed – both by the federal government and the companies that operate on it – as a long-term asset that requires regular investments in order to continue its vitality. These regular investments have been made both by the federal government and freight railroads as part of an enduring long-term partnership. That partnership includes a duty on the railroads to provide rail service in a way that benefits this country.

In recognition of the freight railroads’ importance to the U.S. economy and the American people, Congress imposed a common carrier obligation on the railroads that requires railroads to “provide reasonable service for a reasonable rate upon a reasonable request from a shipper.” This common carrier obligation continues today in federal law and is a bedrock principle of our rail system. To enforce this obligation and ensure that the railroads were not engaging in unfair practices, Congress created in 1887 the Interstate Commerce Commission (ICC), which was the first regulatory commission in the history of the United States. Today, the Surface Transportation Board (STB) is the modern successor to the ICC and is the federal agency responsible for enforcing the common carrier obligation of the railroads.