In response to an emergency motion filed by CSXT, on July 15, 2026, the United States District Court for the Middle District of Florida, Jacksonville Division, entered a Temporary Restraining Order (“TRO”) in CSX Transportation, Inc. v. SMART-TD, Case No. 3:26-cv-01795-WWB-SJH. The Court directed “SMART-TD and its national and local officers to immediately initiate and undertake all reasonable efforts to prevent and discourage SMART-TD’s divisions, lodges, locals, officers, agents, employees, members, and all persons acting in concert with any of them from engaging in conduct prohibited by the TRO,” including by posting and distributing this notice.

Although SMART-TD is not aware of any activity having occurred to date, the TRO enjoins “SMART-TD, its divisions, lodges, locals, officers, agents, employees, members, and all persons acting in concert or participation with any of them from authorizing, encouraging, permitting, calling, engaging in, or continuing any strike, work stoppage, picketing, slowdown, sickout, or other self-help against CSX Transportation, Inc. or its operating rail subsidiaries over any dispute relating to the interpretation of CSXT’s Attendance Policy or other aspects of System Notice 502.”

Pursuant to the Court’s Order, any SMART-TD member who is engaging in, or who may in the future engage in, any conduct enjoined by the Court’s Order and TRO must immediately cease and desist all such activity and must immediately cease and desist all exhortations or communications encouraging same upon pain of fine, suspension, or other sanction by SMART-TD. Additional information can be found in the Court’s complete Order and TRO below.

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SMART-TD’s Designated Legal Counsel (DLC) have been tried and tested on enforcing the laws that impact railroad workers on the job. If you have been retaliated against for reporting a safety violation, an injury, or other acts covered by the Federal Rail Safety Act (FRSA), DLC are the experts to turn to.

As a fellow railroader saw firsthand, this specialized experience and knowledge can be the difference between winning or losing when your job and future are on the line.

Case in Point: Specialized Legal Representation Matters for Rail Workers in Whistleblower Cases 

In March of 2024, Union Pacific fired locomotive engineer Juan Garza, claiming that Brother Garza was “dishonest” about sustaining a very minor injury in an on-duty Uber car crash the month before.

In June of 2024, DLC Coordinator Sara Youngdahl and co-counsel Doyle Dennis Avery filed Garza’s OSHA complaint under the Federal Railroad Safety Act (FRSA) with the Secretary of Labor. 

Brother Garza was reinstated in June 2025 through the arbitration process, and the Occupational Safety and Health Administration (OSHA) agreed. 

In addition to reinstatement, OSHA awarded Brother Garza back pay, interest on his back wages, pain and suffering/mental distress, attorney and expert fees, and punitive damages against Union Pacific for the “reckless and callous disregard” for Brother Garza’s rights. 

In its decision, OSHA referred to Union Pacific as a “serial violator” of the Federal Railroad Safety Act (FRSA), which protects whistleblowers who report safety or security violations, refuse to work in dangerous conditions, or seek prompt medical attention for on the job injuries.

OSHA also ordered Union Pacific to expunge Brother Garza’s employment records for any reference to his OSHA complaint, restore Brother Garza’s benefits, including leave time, missing contribution/match amounts to his stock purchase plan, vacation time lost, and any other benefits affected by Union Pacific’s retaliatory conduct. 

Union Pacific was also required to issue the OSHA Fact Sheet “Whistleblower Protection for Railroad Workers” to all employees and supervisors. 

DLC Helps Promote Safety for All Railroaders

Tasked with taking on OSHA whistleblower and Federal Employers’ Liability Act (FELA) cases, Youngdahl explained that this situation underscores the importance of having an attorney who knows the intricacies of the railroad industry.

“If a rail worker hires a lawyer who knows nothing about the railroad industry and the laws that protect rail workers, they’re putting not only their own future in jeopardy but also their family’s future. We as DLC have devoted our entire legal careers to protecting members against the railroad in times of need,” she noted. 

“In addition to helping our individual clients get the justice they deserve, our goal as DLC is to help promote rail safety. We have seen that effectively representing rail workers in whistleblower cases can make a big impact on safety,” said Youngdahl.

Whistleblower laws have protected railroaders since 2007 and were made necessary because of the railroads’ widespread retaliation against our members across the country. 

Regional Training Seminars Offer Deep Dive on Laws Protecting Railroad Workers 

SMART-TD’s Regional Training Seminars (RTS) provide attendees the opportunity to learn more about legal issues facing railroad workers from Youngdahl and other DLC attorneys. 

Information about the Federal Employers’ Liability Act (FELA) protects railroaders’ on the job injuries has been expanded to include whistleblower laws.

“The impact of the whistleblower law has grown,” explained Youngdahl. “We felt the need to educate members and union leaders on the whistleblower statute, and how we can use it to protect railroaders from harassment and intimidation.”

Youngdahl also previewed the upcoming curriculum at the Anaheim, California RTS, which takes place from September 8-11.

Attendees will learn how whistleblower cases are built, what information is required, and much more. 

One Case Makes a Major Impact

Even though Brother Garza’s case centered on a single individual, Youngdahl points out that the outcome can have wide-ranging implications for rail workers across the industry.

“Our collective goal is to improve rail safety across the industry. We’re all in this together.”

The post Union Pacific Deemed “Serial Violator” of FRSA, OSHA Slaps Railroad with Hefty Penalty appeared first on SMART Union.

June 4, 2025 —The Association of American Railroads (AAR), the American Short Line and Regional Railroad Association, and several carriers are challenging the Federal Railroad Administration’s (FRA) final rule requiring a minimum of two crew members on freight trains (2-PC). This legal attack threatens a critical safety measure long championed by SMART-TD and its members. 

In the 11th Circuit Court of Appeals in Miami, Florida, SMART-TD stood shoulder to shoulder with the FRA, defending the 2-PC rule. 

Your voices were heard in that courtroom

SMART-TD’s Associate General Counsel Shawn McKinley brought a forceful, well-prepared voice into the courtroom, making it clear that our members’ safety is not up for negotiation. Alongside the DOJ attorney representing the FRA, McKinley presented a compelling case grounded in law, fact, and common sense. 

A defining moment came when AAR attorneys dismissed the more than 13,000 public comments submitted in favor of the 2-PC rule, many of which came from SMART-TD members and supporters, as “anecdotes”.  

McKinley swiftly countered, reminding the court that these weren’t “random” comments or “anecdotes.” They were firsthand accounts from 13,000 trained railroaders, the very people the rule is designed to protect.  

SMART-TD shows up and stands firm 

You spoke up when it counted, and your voices continue to shape the future of railroad safety.  

The contrast was striking: the FRA’s advocate and SMART-TD’s legal team demonstrated superior preparation, credibility, and delivery — all bolstered by the more than 13,000 pages of frontline testimony. That was your advocacy, submitted back in 2022, powerfully resonating in a federal courtroom three years later. 

We should be proud of the outstanding work of our legal team and equally proud of the commitment we all share that built the record that supports this rule. When our safety and our families’ security are under attack, we show up and stand firm. 

The final decision now rests in the hands of the 11^th Circuit. While we cannot predict the outcome, SMART News will share the ruling once it’s issued.  

The post SMART-TD Stands with FRA in Defense of Two-Person Crew Rule in Federal Appellate Court appeared first on SMART Union.

If you are new on the job or are fortunate enough to have never been injured, you may not know about a key protection the union provides; a pool of pre-vetted lawyers who can help if you get into trouble. 

Introducing the Designated Legal Counsel (DLC) 

A SMART-TD Designated Legal Counsel (DLC) is a kind of lawyer who specializes in issues that affect railroad workers. Your employer may not have your best interest at heart if you are injured or want to report a safety problem. It is extremely important to get expert legal advice in these situations.  

Sara Youngdahl, the coordinator for SMART-TD’s DLC explains: 

In the video, Youngdahl explains that the railroad isn’t like other employers. As a rail worker you are protected by a unique set of laws that only apply to our industry — the railroads are older than other industries, so some of the laws that protect us are older than the ones that protect other occupations. As a result, when push comes to shove, not every lawyer out there will know how to defend you.  

There are very specific laws that protect railroaders when they’re injured or retaliated against. 

Law 1: Federal Employers’ Liability Act (FELA) 

Railroad workers injured on the job are not covered by state workers’ compensation laws. The Federal Employers’ Liability Act (FELA) is your only way to get compensation for your injuries. Unlike worker’s compensation laws, the FELA requires you to prove the railroad was negligent in causing your injuries. This is why getting a DLC involved early is important, as only they can make sure you have enough admissible evidence to win your case. 

Law 2: Whistleblower Protection 

The second statute is a whistleblower law that protects railroad workers if they are retaliated against on the job. 

This is a newer law that protects workers who report safety concerns or personal injuries. If you are fired for reporting a dangerous condition or a safety infraction, the whistleblower statute protects you. A DLC can hold your employer accountable for breaking this law. 

Every DLC on SMART-TD’s list is committed to protecting you as a union member, protecting the security of your family, and helping to keep your workplace as safe as possible. They are here to help you. 

The post Who to call if you are injured or retaliated against for reporting a safety violation on the railroad appeared first on SMART Union.

The brutal effects of Precision Scheduled Railroading, better known as PSR, on the lives of railroaders since 2017 have been well-documented. It’s been almost as bad for suppliers, who have seen delays in their products making it to market. It’s been bad for shippers, who have seen deliveries have to take circuitous routes so the carriers can game the metrics to show that a rail car isn’t dwelling somewhere, and it’s been bad for retailers and manufacturers, who have experienced difficulties getting products on their shelves and materials to their assembly lines.

The people benefiting from the ruthless implementation of PSR have been the rail company shareholders and execs, seeing their wallets fatten and profits blossom as profitability and share prices rise on the backs of the efforts of SMART Transportation Division members and all of rail labor.

It is a common quip on social media for railroaders to comment on articles about derailments — “But at least the shareholders are OK,” or some variant, meaning that the folks who write the accident off as the cost of doing business will be just fine so long as the money train keeps delivering.

Yet following Norfolk Southern’s Feb. 3 derailment in East Palestine, Ohio, the carrier and PSR have received even more public scrutiny than perhaps either can stand.

The story of PSR and what it means for industry safety has been exposed by the press coverage of the fiery wreckage in East Palestine. Confusion and anger about the business practice have been flowing out of the national media faster than vinyl chloride contaminating groundwater. Additional headlines are generated seemingly daily by increased coverage of derailments occurring across the continental U.S. In each, the specter of Norfolk Southern and the events in East Palestine are refreshed in one way or another.

It seems that Norfolk Southern’s extended nightmare has worsened. After a month and a half of consecutive losses in press cycles featuring the release of toxic materials in a region where thousands of people live, multiple derailments, an employee fatality, having their CEO lambasted by U.S. senators on live TV, and derailing another train 12 miles from the hometown of Ohio Gov. Mike DeWine, it would be fair to ask how it could get worse.

An internal revolt can be added to the list. Their own shareholders have decided to bite the hand that feeds. A class-action lawsuit filed in mid-March against NS by a group of shareholders claims they were misled about the ramifications of PSR. The suit states that NS failed to disclose pertinent information about PSR, such as the involvement of longer/heavier trains and deep cuts to operational personnel. They go on to claim that Norfolk Southern’s embrace of PSR was part of a “CULTURE OF INCREASED RISK-TAKING AT THE EXPENSE OF REASONABLE SAFETY PRECAUTIONS.”

Ironically the people NS and all rail companies are using PSR to make richer aren’t comfortable with PSR anymore for the same reasons railroaders and their families have been uncomfortable with it since its inception. Now that political leaders and the media have taken the time to dig into the topic, the narrative is iron clad.

Essentially, the group of NS shareholders say that large-scale disasters were inevitable because of the practices of PSR. Due to that inevitability, they say that NS leadership was not acting as good corporate stewards of their investments. So even though the investors have benefited from record-breaking returns, seeing an Ohio village spoiled and the later economic consequences may have them now sensing the end of the road. These shareholders have become appalled at what PSR really meant on the ground level. It’s a classic case of losing your appetite when someone tells you how the sausage is actually made.

Under normal circumstances, it would be difficult to sympathize with the shareholders of NS and the other carriers. For seven years, rail labor has felt the weight of their finely polished wing-tipped shoe on our fingers as we try to keep the fraying supply chain together. The results have been a driving force in both our personal and professional lives — constant exhaustion, poor morale and the dread of wondering what else will go wrong.

That being said, there is a time-tested adage that, “The enemy of my enemy is my friend.” And if the railroad employees are revolting against PSR, the government regulators are pushing back against PSR, and now the mighty shareholders are joining in, we need to embrace it. This class-action suit by NS shareholders may turn out to be the loudest voice in the anti-hedge fund/PSR railroading chorus.

What we the people who move their freight every day say means absolutely nothing to carriers. What the FRA does to them is a nuisance that only means the carriers have to adjust the next quarter’s lobbying budget. But when the shareholders seize pitchforks and torches, we all know that is the only pressure that means anything to the hedge-fund operators leading our nation’s railroads.

We would encourage all our members to keep an eye on this lawsuit. If you are an NS employee or anyone with significant amounts of stock in their company, we would encourage you to follow the link provided to look into joining the suit.

SMART-TD will continue to keep you informed as we push back against PSR and fight now and into the future for your quality of life to be restored to what it was before Hunter Harrison’s legacy infected our industry.

The post Analysis: Lawsuit means shareholders might not be OK after East Palestine appeared first on SMART Union.

Today the judge considering the case between BNSF and the SMART-TD and BLET unions over the carrier’s new “Hi-Viz” attendance policy ruled that the dispute was “minor” under the provisions of the Railway Labor Act (RLA).

What does this mean?

It means that any further action to pursue a strike would be illegal, exposing the unions and their members to serious legal attacks as well as carrier discipline up to and including dismissal. But this is only the first round in our fight against the Hi-Viz policy. In the coming days, the unions will determine if the best course of action is to appeal today’s decision, or to move swiftly to arbitrate the policy before it can be used to terminate any employees. An arbitrator can strike down the policy. If that path is chosen, the unions will move swiftly to make their case there instead of in the courtroom or on the picket lines.

Rest assured that we are all infuriated. One of the largest and richest corporations in America has been given a free pass to continue forcing its employees to work even when they or their families are sick, and when they are fatigued beyond the point of being able to work safely. BNSF is essentially thumbing its nose at the employees who make them billions of dollars in revenue.

SMART-TD and BLET are considering all legal possibilities to continue to challenge BNSF and its anti-worker, anti-family and unsafe attendance policy. In the coming weeks, the unions’ options are:

• ​Appeal the District Court decision, but delay arbitration of the policy by doing so.
• Aggressively pursue arbitration to challenge every possible aspect of the “Hi-Viz” policy. This is where the actual impact of the policy will become crucial to the unions’ case.
• Demand that state and federal lawmakers pass laws which would protect employees from retaliation for laying off for legitimate reasons.
• Work with federal agencies to end draconian attendance policies on ALL railroad carriers — not just BNSF.
• Call on Congress to amend the RLA to give rail workers freedom to fight back against the carriers’ abuse.

What can you do?

— Contact your General Chairperson. Your union needs to be able to explain how and why this attendance policy affects real workers. Examples of how this policy could affect you and your family, or how it did affect you after February 1 should be shared with your General Chairperson. These will empower your union to make its best case possible in arbitration.

— Contact your Congresspeople and Senators. Click here to find your members of Congress and demand that they hear the concerns of the rail workers who are the backbone of this nation’s supply chain​ and that they should back the people who do the work rather than the financial overlords who have implemented these draconian policies.

— Sign up for action alerts. Our strength is in our collective voice. Action alerts from your union will send you to petitions to sign, elected officials to email, and social media posts to share. Text HiViz to 67336 for text alerts or click here to sign up for emails. ​We are all angry, but we need to channel that anger into effective and legal action. Both the SMART-TD and the BLET will make sure that members are informed, educated, and empowered, just as rail unions have done in this country for more than a century.

If you have questions, do not hesitate to reach out to your union leadership.

In solidarity,

Jeremy Ferguson and Dennis Pierce
President, SMART-TD and National President, BLET

The post SMART-TD, BLET presidents’ statement on Hi-Viz ruling appeared first on SMART Union.

CLEVELAND, Ohio, (February 8, 2022) — Yesterday, SMART-TD and the BLET filed their oppositions to BNSF’s request for the court to convert the January 25, 2022, Temporary Restraining Order (TRO) into a preliminary injunction. The unions each filed for their own preliminary injunctions against BNSF’s implementation of its new Hi Viz attendance policy last week on February 2.

SMART-TD and BLET continue to maintain that BNSF’s policy, issued in the midst of the ongoing COVID-19 pandemic and continuing supply chain issues caused in significant part by the nation’s railroads’ own cost-cutting measures, represents the epitome of corporate greed. This new policy will require employees to choose between going to work sick and spreading the COVID-19 virus to their co-workers and those co-workers’ families or face termination by BNSF, once more proving there is no shame amongst the modern-day robber barons like BNSF.

While SMART-TD and BLET will continue to abide by the court’s TRO, it will continue to use every legal means available to prevent BNSF from carrying on its unconscionable and illegal attendance policy. Additional information will be forthcoming as it is available.

A copy of the SMART-TD’s opposition to BNSF’s motion for preliminary injunction is available.

The appendix accompanying the SMART-TD filing is available.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The post SMART-TD, BLET file in opposition to preliminary injunction in attendance dispute at BNSF appeared first on SMART Union.

CLEVELAND, Ohio, (February 1, 2022) — By letter dated January 31, 2022, SMART-TD and the BLET are seeking review by both the Department of Labor and the U.S. Department of Transportation of all Class I attendance policies. In a joint letter to Labor Secretary Martin Walsh and Transportation Secretary Pete Buttigieg, SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce ask the secretaries to immediately investigate all carrier attendance policies that refuse to provide exceptions for fatigue-related absences, as well as those that refuse to provide exceptions for illness-related absences.

Referencing the most recent “Hi-Viz” policy on BNSF set to go into effect today, the presidents said: “The new policy also potentially subjects employees to disciplinary action when they request time off because they are ill or when they need to tend to sick family members. This includes time off under the Family Medical Leave Act (FMLA), as this policy disincentivizes employees from utilizing this protected leave by prohibiting ‘Good Attendance Credit’ from ever being gained because of its use.”

Addressing fatigue concerns, the presidents said: “The only tool these engineers and trainmen have to prepare for their unscheduled work shifts are so-called ‘train lineups,’ which are managed solely by the railroad. Moreover, BNSF has openly admitted that the quality of these lineups and the related predictability for the on-duty times is far from adequate. As a result, engineers and trainmen are routinely called for duty without having any knowledge or awareness of the potential for work (at that particular time), thus subsequently preventing them from the ability to be physically rested prior to their being called to work. For example, it is commonplace for these employees to be suddenly called into work for an evening shift when they didn’t expect to be called in until the morning according to the available train lineups. Under BNSF’s new Hi-Viz policy, even though they may be fatigued, they are not allowed to refuse the unpredicted call for duty without potentially being subjected to employer discipline, up to and including dismissal. Forcing these employees to choose between their job or their safety in the workplace is in complete contradiction to BNSF’s obligation to protect public safety and to provide a safe workplace environment.”

The presidents said the harsh policies fly in the face of railroad safety laws and government regulations. The policies also would negatively impact already-diminished workforce staffing and would contribute to an increase in the “already historic levels of mid-career resignations.”

President Ferguson and President Pierce concluded: “It is imperative that the Department of Transportation and Department of Labor act to address this most egregious railroad policy, as well as those implemented by NS, CSX, Union Pacific, and any other railroad with similar policies. The safety and health of the engineers and trainmen who are employed at BNSF, and the safety of the general public, stands in the balance.”

Read the presidents’ letter to the DOT and DOL secretaries.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The post SMART-TD, BLET seek immediate federal government investigation of carrier attendance policies appeared first on SMART Union.

CLEVELAND, Ohio, (January 28, 2022) — SMART-TD and BLET members employed by BNSF Railway continue to labor under a Temporary Restraining Order (TRO) issued by the United States District Court for the Northern District of Texas, which was issued on Tuesday, January 25, 2022. It is imperative that all involved SMART-TD and BLET members comply with the court’s order. As was advised when the TRO was provided to all General Committees and Local Divisions/Locals, SMART-TD and BLET will continue to challenge BNSF’s Hi-Viz policy in court and will seek to have the court’s order lifted.

In related events, SMART-TD and BLET on January 27 filed answers and counterclaims in the District Court seeking a Preliminary Injunction and Permanent Injunction against implementation of the BNSF’s Hi-Viz policy. SMART-TD and BLET will continue to use every legal means available to prevent the implementation of the proposed policy. Additional information will be forthcoming as it is available.

SMART-TD’s Answers and Counterclaims

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 57,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The post Update in SMART-TD, BLET attendance dispute with BNSF appeared first on SMART Union.

On Tuesday, January 25, 2022, the U.S. District Court for the Northern District of Texas issued a Temporary Restraining Order (TRO) prohibiting both BLET and SMART-TD from authorizing, encouraging, permitting, calling, or otherwise engaging in any strikes, work stoppages, picketing, slowdowns, sickouts, or other self-help against BNSF or its operating rail subsidiaries over any dispute relating to BNSF’s new Hi Viz attendance policy and the standards in the policy. A copy of the Court’s Order is attached to this Notice.

Pursuant to the Court’s Order, SMART-TD is hereby instructing all of its members employed by BNSF that they must NOT engage in any self-help against the railroad. This means that members must NOT engage in any strikes, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad in response to BNSF’s Hi Viz attendance policy.

Further, pursuant to the Court’s Order, SMART-TD is notifying and instructing all members who are now or who may in the future engage in any strike, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad to immediately cease and desist all such activity and to immediately cease and desist all exhortations or communications encouraging same upon pain of fine, suspension, or other sanction by SMART-TD. This means that any member who continues to encourage other employees on social media, or in any other forum, to engage in a strike, work stoppages, picketing, slowdowns, sickouts, or any other activity intended to disrupt the operations of the railroad MUST immediately stop doing so. Members who continue to do so risk fine, suspension, or other sanction by SMART-TD.

Further, pursuant to the Court’s Order, this Notice and Instructions is being posted on SMART-TD bulletin boards at all BNSF locations where such bulletin boards exist and is also posted on SMART-TD’s website.

Your Union will continue to challenge BNSF’s Hi Viz policy in court and will seek to have the Court’s Order lifted. However, so long as the Order remains in place, all SMART-TD members must comply. We are a nation of laws and will abide by those laws, and we expect each and every one of our members to do the same.

Jan. 25, 2022 notice to BNSF employees and court order. (PDF)

The post URGENT NOTICE AND INSTRUCTIONS TO ALL BNSF EMPLOYEES REPRESENTED BY THE SMART TRANSPORTATION DIVISION appeared first on SMART Union.